Also attending: Cheri Hobson-Matthews, County Manager; Patrick Jaugstetter, Attorney for the County; and Consuelo Conner, Deputy County Clerk.

Transcription

1 April 17, 2018 Page 1 of 22 STATE OF GEORGIA COUNTY OF HENRY The Henry County Board of Commissioners held a Regular Public Meeting at 6:30 p.m., Tuesday, April 17, 2018, in Henry County Administration Building, Community Room, at 140 Henry Parkway, McDonough, GA. Notice of this meeting was posted in the entrance foyer of the County Administration Building. The Henry Daily Herald was notified of this meeting. Those present were: June Wood, Chair Johnny Wilson, District I Commissioner Dee Clemmons, District II Commissioner Gary Barham, District III Commissioner Blake Prince, District IV Commissioner Bruce Holmes, District V Commissioner Also attending: Cheri Hobson-Matthews, County Manager; Patrick Jaugstetter, Attorney for the County; and Consuelo Conner, Deputy County Clerk. INVOCATION The Invocation was given. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. CALL TO ORDER June Wood, Chair, called the Regular Public Meeting of the Henry County Board of Commissioners for 6:30 p.m., Tuesday, April 17, 2018, to order. ACCEPTANCE OF THE AGENDA Prior to voting on the acceptance of the Agenda, Chair Wood called for the following change to the Agenda: Postponing PLANNING & ECONOMIC DEVELOPMENT Public Hearing: (RZ-17-29) Mohammed W. Faizahmed of Stockbridge, Georgia requests a rezoning from RA (Residential- Agricultural) to C-2 (General Commercial) for property located in the northwest quadrant of East Atlanta Road and Rex Road in Land Lot 188 of the 12th District. The property consists of /- acres, and the request is for a convenience store and retail space. Removing PROCLAMATION A. Earth Day Proclamation; Adding CONSENT AGENDA Technology Services: Resolution to approve the renewal of HP support services for the three (3) HP SAN storage devices.

2 Page 2 of 22 Regarding the first item of the proposed amendment to the Agenda (Public Hearing RZ-17-29), Bruce Holmes, District V Commissioner made a motion to approve the postponement of same; Gary Barham, District III Commissioner seconded the motion. That motion was carried unanimously (6-0-0) Regarding the second and third items of the proposed amendment to the Agenda (Proclamation - Earth Day Proclamation; Consent Agenda - Technology Services), Dee Clemmons, District II Commissioner made a motion to further amend the agenda with the additional changes; Commissioner Holmes seconded the motion. The motion was carried unanimously (6-0-0). STUDENT ARTS INITIATIVE Melissa Robinson, Public Information Director, Henry County, recognized the Henry County Schools and local arts students for their participation in the initiative, a partnership between the Henry County government and the school system. She gave a brief overview of the Arts Initiative, and that the displays are shown for the public to view and enjoy in the county building. She called forth the following students from the elementary schools, as follows: Cara Adams, Kinsley Asbell, Kasen Bowen, Aila Cerovic, Kadan Cross, Alexis Fraser, Aniyah Griffin, Joy Grossett, Reese Johnsey, Zachery Jones, Vinny Kat, Deja Latimer, Rece Leathers, Korbyn Lloyd, Cameron McIntyre, Rihanna McKenzie, Yaretzi Mejia, Christopher Mercer, Kimily Moeung, Amari Montgomery, Jazmine Noonan, Malachi Richardson, Ella Sei, Xaijah Sewell, Sophia Thomas, Taleah Thompson, Kathleen Tran, Cyara Veal, Joseph Villanueva, Makayla Walker, Caden West, Imani Williams and Ryan Wilson. PHOTOGRAPHS ARE TAKEN Ms. Robinson then called forth the students from the middle schools, as follows: Jasmine Ardis, Victoria Beck, Colton Blalock, Mary Chu, Garren Groover, Nhu Quynh Ho, Synia Hunter, Cecelia McCarthy, Trenton Nalley, Nhadia Richardson, Issac Rios, and Amareah Wright. PHOTOGRAPHS ARE TAKEN Ms. Robinson then called forth the students from the high schools, as follows: Les Anderson, Nikki Davis, Dylan Ferguson, Sarina Foddrell, Tareek Lewis, Roberto Martinez, Nasir Moore, Jaci Morgan, Jessica Redding, Lauren Vargas and Angel Yang. PHOTOGRAPHS ARE TAKEN Chair Wood thanked all of the students for their talents shared in the initiative and advised that the Administration Building is now displaying their art on the walls; she thanked the parents as well for their participation in the program. UPDATES DUI/Drug Court Program Honorable Ernest Blount, Judge, State Court of Henry County, approached to provide an update on the DUI/Drug Court Program. He presented a video for the Board. Prior to presentation, he remarked that at some point, every family has been affected by either a loved one or close friend with addiction problems. A collective number of courts, including the DUI/Drug Court, are termed Accountability Courts, as they address the problems and bring the people into comprehensive programs in order to affect recovery and give them a chance at a better quality of life. This has been ongoing for about nine (9) years. It is a minimum of fifty-two (52) weeks with a team of therapists, sentence

3 Page 3 of 22 enforcement surveillance officers, solicitors, case manager, defense counsel and a judge, namely he, presiding over the program. He gave a brief overview of the program s agenda and phases, along with community service requirements being met and the incentives of joining the program. He then introduced the video for the Board, county staff and public viewing. VIDEO IS PLAYED Judge Blount thanked the Board of Commissioners for supporting the Court over the years and asked for their continued support. The video was made and produced in this very building and His Honor thanked the staff who put this video presentation together. Commissioner Barham thanked His Honor and his staff for the participation in the program, as they assist in changing lives of these individuals as well as their families and friends; this brings a positive impact within the county. Blake Prince, District IV Commissioner thanked His Honor for his appearance and presentation today. In riding with the police, the Commissioner learned about frequent flyers - someone who just goes through the jail system, is released, and then is put back into the jail system. This does not resolve the addiction, but this program takes a frequent flyer and treats the problem itself, and not the crime. Johnny Wilson, District I Commissioner also thanked the Judge and his staff for their dedication to this program. Chair Wood thanked His Honor for bringing the video and overview to the public, as it sheds light on the details and impact of the Accountability Courts. She also thanked the makers and producers of the video for its professional and relevant presentation to the public. CONSENT AGENDA The following items shall be considered on a Consent Agenda. Before voting on the Consent Agenda items, the Chair will provide an opportunity to add or delete items. Public Safety A. HCPD: Resolution accepting Wal-Mart Community Grant in the amount of $1,500 for the Henry County Police Department C.O.P.S. Unit Exhibit #1 Resolution Senior Services A. Resolution accepting a donation from the Henry County Council on Aging in the amount of $20,000 to Henry County Senior Services for the renovations of the Locust Grove Event Center and accompanying Budget Amendment Exhibit #2 Resolution SPLOST A. Resolution approving the Henry County Water Authority utility relocation cost for the Elliott Road SPLOST-IV dirt road improvement project (District IV) Exhibit #3 Resolution Technology Services A. Resolution to approve the renewal of HP Support Services for the three (3) HP SAN storage devices Resolution 18-87

4 Page 4 of 22 There being no questions or comments from the Board, Commissioner Barham made a motion to approve the Consent Agenda; Commissioner Prince seconded the motion. The motion to approve the Consent Agenda was carried unanimously (6-0-0). PLANNING & ECONOMIC DEVELOPMENT Public Hearing (COMP-AM-18-01) Encompass Health Rehabilitation Hospital of Birmingham, Alabama requests an amendment to the Comprehensive Plan for property located on the east side of Patrick Henry Parkway, north of Holloway Road, in Land Lot 50 of the 6 th District. The property consists of 10.4+/- acres, and the request is to change the Future Land Use Map Designation from MU Mixed-Use) and High Density Residential, to O-I (Office Institutional) as well as remove the Planned Local Street Network. District IV Exhibit #4 Daunté Gibbs, Planning & Economic Development Director, explained that this will run concurrent with the rezoning request of the applicant, following this item. The Functional Road Plan is also requested to be removed regarding the portion of the street network through the property connecting the residential area to the east, which is part of the Livable Centers Initiative study recommendations, adopted by the Board of Commissioners in 2010, to maximize mobility. The character along Patrick Henry Parkways supports the applicant s request to amend the FLUM to Office Institutional. Staff recommended approval to the Zoning Advisory Board on March 22, 2018, but denial of the request of applicant for removal of the Planned Local Street Network recommendation from the LCI study. Zoning Advisory Board recommends approval of the applicant s request to change the FLUM to OI, but denial of the request to remove the Planned Local Street Network. There being no questions or comments from the Board, Chair Wood called the applicant forward. Carl Westmoreland, 3343 Peachtree Road, Atlanta GA Mr. Westmoreland appeared and remarked that there were some boards on the project which were moved so they did not interfere with the pictures taken a while ago. The property is undeveloped on the east side of Patrick Henry Parkway just north of Jodeco Road. The OI request is to allow construction of a one-story, 50-bed, 53,000 square feet rehabilitation hospital for people moving out of general hospitals; it is not a drug or alcohol rehabilitation and it does not have emergency room servicing. A Variance application was also made for the buffer on the south side, not to reduce it, but to replant it, to allow the building to be shifted to the south. This gets the building further away from the homes located to the north of the property and relevant to the Comprehensive Plan request (to eliminate the Road Network); it leaves part of the property to which the county could put an East-West Connector type road, if it wanted. The Plan called for a total of three (3) roads to be put through the property from the parkway to the east, back towards the Single-Family Residential properties. If a hospital is built there, however, the roads cannot be put through. Mr. Westmoreland recalled a comment at the ZAB meeting addressing that this could be handled administratively; and he asked the Board for clarification on the aspect to request the change to the Comprehensive Plan regarding the Road Network denial. There being no further questions or comments from the Board, Chair Wood advised that this is a Public Hearing. All persons wishing to be heard in opposition of this request will have a total of ten (10) minutes to make comment; those in favor of this request will also have a total of ten (10) minutes to make comment.

5 Page 5 of 22 Chair Wood called for anyone wishing to make comment in opposition of this request to come forward. A second call was made for anyone wishing to make comment in opposition of this request. Seeing none, Chair Wood then called for anyone wishing to speak in favor of this request to come forward. A second call was made for anyone wishing to make comment in favor of this request. Seeing none, Chair Wood thus closed the Public Hearing. Commissioner Prince asked, regarding the Road Network, if this is something that will be handled administratively; Mr. Gibbs responded that it comes down to the Livable Centers Initiative study makes the recommendation and the Plan Review stage meets the intent of the LCI, it is not mandatory that applicant have the property exactly as indicated, only as a suggestion to provide the walkability and livability focus of the LCI. The District IV Commissioner remarked that he is not in favor of putting a Road Network from a parkway into a subdivision area, because people will use the roadway through a hospital to travel back and forth, which is not the intent of said Road Network. On the west side, the Commissioner noted an area wide enough for a right-of-way at a later date, and the adjacent property has frontage off of Jodeco Road. Mr. Gibbs responded that the adjacent property to the south is where the current Racetrac development is going on. The Commissioner understands that this property will connect the property to the north, to Patrick Henry Parkway, and the property to the north does have frontage off of Jodeco Road - but Mr. Gibbs stated that the property to the north fronts off of Patrick Henry. Commissioner Prince reiterated that he would rather handle the issue of the Road Network at this time; Mr. Gibbs responded that the item will be held concurrently with this request. If the Board considers approval to this request to remove that Road Network requirement that would be made as part of the motion. Commissioner Prince then asked about the buffer; Mr. Gibbs responded that a Variance approval was received from the Zoning Advisory Board to alleviate the issues with the buffer. The District IV Commissioner remarked that he has been working with this group for a year. Right now in Henry County, there are no rehabilitation facilities, meaning for orthopedic and post-surgical recovery and therapy. To his knowledge, there is not facility of this kind near Henry County. This project (50 beds) has a total investment of $30 million, which represents $450,000 of annual tax revenue. When a business comes in to the county, it uses less than it pays for. This would bring individual taxes down. This facility would also bring in ninety-five (95) new jobs (high-paying), which is what is sought in the county. The Commissioner stated that the Certificate of Need was denied and an appeal is filed to get it approved, as he believes this is a needed facility in the county. Commissioner Clemmons explained that there is a Therapy in Motion on Jonesboro Road; a Henry County resident owns that business. Commissioner Barham is happy to see this come into the county and believes that the organization has done a fine job in talking to the Commissioners ahead of time and going over the plan and future expansion. There being no further questions or comments from the Board, Commissioner Prince made a motion to approve the amendment to the Comprehensive Plan. He sought guidance from the County Attorney to help word the motion for the Road Network; Mr. Jaugstetter responded that the motion to

6 Page 6 of 22 approve the requested amendment, while Mr. Gibbs interjected that the motion should including removing the Road Network requirement. Commissioner Prince then made the motion to approve the request and to remove the requirement for the Road Network; Commissioner Barham seconded the motion. There being no further discussion, the motion to approve Resolution was carried unanimously (6-0-0). Public Hearing (RZ-18-04) Encompass Health Rehabilitation Hospital of Birmingham, Alabama requests a rezoning from RA (Residential-Agricultural) to O-I (Office Institutional) for property located east of Patrick Henry Parkway in Land Lot 50 of the 6th District. The property consists of 10.4+/- acres, and the request is for a hospital. District IV Exhibit #4 Mr. Gibbs again explained that this is for the facility and the property is within the LCI study boundary, which was adopted in 2010 by the Board of Commissioners; in 2014, the Comprehensive Plan was amended to implement the LCI by the Board of Commissioners. Applicant was granted a Variance by the Zoning Advisory Board on March 22, 2018 to accommodate the proposed structure and meet the buffering requirements between the subject property and abutting residential zoning. The character along Patrick Henry Parkway supports the applicant s request; therefore, staff recommended approval of the request to rezone to O-I with five (5) conditions, which were read into the record. Zoning Advisory Board then recommended approval of the request to the BOC, with the same staff-recommended conditions, to-wit: 1. A deceleration lane along Patrick Henry Parkway shall be provided for access to the site 2. Access onto Patrick Henry Parkway shall be such that it meets intersection sight distance requirements. Should the improvement of Patrick Henry Parkway include a median, access onto Patrick Henry Parkway may be restricted to a right-in, right-out movement. 3. All sides of a principal structure shall maintain a decorative facing consisting of glass, brick, masonry, cementitious siding, ornamental metal and/or wood. Facade material shall be uniform within the development site. 4. Walls of a principal structure visible from roadways or parking areas shall incorporate changes in building material/color or varying edifice detail such as trellises; false windows; recessed panels reminiscent of window, door, or colonnade openings; or storefronts every 150 linear feet. 5. Blank windowless walls are prohibited. All facades facing a public right-of-way shall have windows openings that are between fifteen (15%) percent and sixty (60%) percent of the total facade area. The glass shall be clear, unpainted, and not tinted such that views into the building are obstructed. Commissioner Prince addressed zoning condition #5, The glass shall be clear, unpainted, and not tinted such that views into the building are obstructed ; Mr. Gibbs responded that this condition is from the LCI and if the Board wishes, that part can be stricken. The Commissioner explained that this is a medical facility and looking into a medical facility may not be proper; but he will address that with the applicant. There being no further questions or comments from the Board, once again Chair Wood asked for anyone wishing to speak in opposition of this request to come forward, to be granted a total of ten (10) minutes. Chair Wood then called for anyone wishing to speak in opposition of this request to come forward.

7 Page 7 of 22 Seeing none, Chair Wood then called for anyone wishing to speak in favor of this request to come forward, with the same total of ten (10) minutes granted. Carl Westmoreland Mr. Westmoreland approached and emphasized the zoning request and responded that the applicant would comply with the removal of the zoning condition #5 that was addressed by Commissioner Prince. Regarding the operation of the facility, Ms. Davis of Encompass is present to answer any questions. Seeing no one else, Chair Wood thus closed the Public Hearing. Commissioner Prince wanted to give remarks on why there is not a lot of opposition voiced in this matter. Encompass Health held a Town Hall meeting and local residents were invited to attend, to answer their questions. He asked the applicant about striking the previously mentioned section of zoning condition #5. Mr. Westmoreland understands the need for this if the intent is for retail or office, but is not sure that it makes sense for a medical facility such as is proposed, and one that is not on a public street viewing. There being no further questions or comments from the Board, Commissioner Prince made a motion to approve the rezoning request, with the staff-recommended conditions as read into the record, and striking the last sentence of zoning condition #5, as follows: 5. The glass shall be clear, unpainted, and not tinted such that views into the building are obstructed. Commissioner Clemmons seconded the motion. There being no further discussion, the motion to approve Resolution was carried unanimously (6-0-0). Public Hearing (MC-17-05) Paran Homes, LLC of Duluth, Georgia requests a modification to zoning conditions for property known as Villages at Walnut Creek. The property is located within the northwest quadrant of the intersection of Jonesboro Road and Chambers Road in Land Lots 84, 108, and 109 of the 6th District. The property includes all parcels within map number 054F. The request is to eliminate several conditions from the original rezoning. District II Exhibit #6 Chair Wood clarified that staff will be allowed to make presentation of the zoning requests, after which the floor will be opened up for Public Hearing. During the time of public comments in favor of requests, the applicant will then be allowed to speak. The applicant will also be allowed to speak if the Board has further questions after Public Comments regarding the request. Mr. Gibbs explained that four (4) zoning conditions placed on the subject property are requested to be modified. The property is currently zoned PD (Planned Development) and is currently active residential construction site. The conditions which the applicant requests to be amended are as follows: Eliminate Condition 1 of the Entire Development category of the resolution from (RZ-04-76) which states, The Developer(s) shall develop the property as proposed on the Master Development Plan; there shall be no deviations from the Master Development Plan shall be permitted without prior approval from the Planning Commission. This request is also to eliminate the subsequent (MC-MDP-10-02) revised Master Plan.

8 Page 8 of 22 Eliminate Condition 4 of the Entire Development category of the resolution from (RZ-04-76) which states, There shall be a community clock within the development. Eliminate Condition 6 of the Entire Development category of the resolution from (RZ-04-76) which states, The Developer(s) shall install meandering sidewalks on both sides of the street throughout the development. Eliminate Condition 5 of the Single Family Pods category of the resolution from (RZ-04-76) which states, Rear entry garages shall be required, except the Developer(s) may have the option of front entry garages only for those lots adjacent to the 4.7+/- acres of open space. This would also eliminate the subsequent modifications to this condition from (MC-MDP-10-02) and (MC ) Mr. Gibbs explained that it has been the practice of staff regarding these types of requests to make no recommendations; however, in shifting to the direction of giving recommendations to all cases, staff has no objection to eliminate the rear entry garage requirement and eliminating the meandering sidewalks requirement. Staff does recommend the denial of the request to remove the community clock condition and denial of the request to remove the requirements for a Master Plan Development. If the BOC chooses to approve the applicant s request regarding the Master Plan Development, then staff would recommend the following language: Entire Development: the Developer s shall develop the property in substantial compliance with the Master Development Plan which may change to comply with amended conditions. Mr. Gibbs explained that the request is to approve, or deny, the applicant s request; however, if the Board of Commissioners takes the staff s recommendations into consideration, said Resolution would be amended to reflect the motion of the BOC. There being no questions or comments from the Board, Chair Wood advised that this is a Public Hearing. All persons wishing to be heard in opposition of this request will have a total of ten (10) minutes to make comment; those in favor of this request, including the applicant/applicant s representative, will also have a total of ten (10) minutes to make comment. Chair Wood called for anyone wishing to make comment in opposition of this request to come forward. A second call was made for anyone wishing to make comment in opposition of this request. Seeing none, Chair Wood then called for anyone wishing to speak in favor of this request to come forward, including the applicant/applicant s representative, and allowing a total of ten (10) minutes. Gerald Chichester, Smith Welch Webb & White, LLC Mr. Chichester explained that he represents the applicant, Paran Homes, in this zoning request. He explained the details of the request and he presented a final set of the conditions as well as price and size comparison for the Board to observe. He thanked staff for evaluating the application and rendering the recommendations. On the removal of the requirement for meandering sidewalks, requirement for community clock, requirement for rear entry garages and allowing applicant to construct side-entry garages where applicable; and in exchange for these previous conditions, the developer is agreeable to improve a number of front facades with brick, stone or a combination thereof, also with a three (3 ) foot water table. He

9 Page 9 of 22 then turned the Board s attention to the document which detailed the comparisons of the homes already established on the property, versus proposed homes. The proposed homes will have a positive impact on the community. He requested approval on behalf of the applicant to these modifications being eliminated. Seeing no one else approaching, Chair Wood thus closed the Public Hearing. Commissioner Clemmons wished to comment on this particular development, which was one of the first Agenda items set before her when she become Commissioner in At that time, she had asked the applicant to let her visit the property; she wished to provide an update on what she saw. At the end of 2016, she had visited the development and she was not pleased with what it looked like at that time. She felt it to be way below standards for what was in the surrounding area of District II. The District II Commissioner had made a note that any Commissioner who had approved homes prior to her being on the Board, that she was not going back to a subdivision previously approved by a prior Commissioner - especially one that she found to be below standards for what should be built in Henry County. Now, two years later, efforts are still being made to get conditions changed and such - but that if developers were willing to upgrade that community, then taking out rear entry garages would be considered. The Commissioner specifically recalled that siding be removed completely from any construction in this subdivision - over 50% of the homes are affected by that modification, as they had not been built yet when the Commissioner requested the removal of that condition. Being that the property is located on Jonesboro Road and Chambers Road, there was a commercial piece on the front side and the previous Board of Commissioners had allowed developers to put more houses in there and could have them install rear entry garage with an alley way. The issue was that there would be homes right behind that alley way, and they wanted that alley way to be removed, and create side entry garages on the remaining houses. The community clock was the best thing going for the community until the homes were bigger and the siding was taken away; and the community clock would stay. On the meandering sidewalks, the developer wanted to have curbs and meandering sidewalks were not as important as sidewalks. Commissioner Clemmons continued by explaining that there would not be homes in this subdivision under 2,300 square feet, or built (after this) with siding. There would be three (3) sides brick, stone or stucco. While she does not touch previous Board s decisions, she did take this one because the new people who bought the development decided that they would upgrade this subdivision. She emphasized that they have hired every attorney in Henry County to get her to change her mind, and she refused. When they presented the Commissioner with a better upgraded product, then she went back to look at it, of which the remaining 50% of the homes will look like they belong in a high-end gated community. There being no further questions or comments from the Board, Commissioner Clemmons made a motion to approve the modification requests with the proposed conditions set forth, specifically: All home front facades shall be constructed of brick, stone or a combination thereof; and the remaining sides including three (3 ) foot water tables shall be constructed also of brick, stone, stucco, Hardi-plank or its equivalent, or any combination thereof. Vinyl, if used at all, will only be used in the soffits, eaves, window casings and shutters; There shall be a community clock within the development; The rear entry garages and alley ways are not required. Side entry garages shall be built where feasible; and The developer shall install sidewalks (take out meandering ) on both sides of the street throughout the entire subdivision

10 Page 10 of 22 Commissioner Holmes seconded the motion. There being no further discussion, the motion to approve Resolution was carried unanimously (6-0-0). Public Hearing (COMP-AM-17-07) Kanaka Partners, LLC of Buffalo, New York requests an amendment to the Comprehensive Plan for property located at 4205 W. Village Pkwy., in Land Lots 186 and 199 of the 12th District. The property consists of /- acres, and the request is to amend the Future Land Use Map from Low- Density Residential to High-Density Residential to support a density exceeding 16 dwelling units per acre (net). District V Exhibit #7 Commissioner Holmes advised that he must recuse himself from this matter, due to his wife s company s relationship with an involved party. Commissioner Prince also advised that a business partner of his will look into developing a senior housing facility very similar to this and it would not be proper for him to vote on this agenda item; he thus recused himself at this time, as well. Chair Wood advised that since there is still a quorum of Board members, the matter will be heard at this time, and the two Commissioners are hereby excused. COMMISSIONERS PRINCE and HOLMES LEFT THE MEETING Mr. Jaugstetter explained that three (3) people have signed up for Public Comments who indicated that they wished to speak on this matter. He advised that anyone who signed a Public Comments card, wishing to speak on this matter, now would be the proper time to speak rather than wait until the PUBLIC COMMENTS portion of the meeting. The Chair asked that since they also signed up for Public Comments, if they should also be granted the five (5) minutes during that portion of the meeting, in addition to, this Public Hearing s comments. Mr. Jaugstetter felt it was not necessary but wanted to make the Board aware that there will be speakers on this matter. Thus, the Chair asked the Planning & Economic Development Director to make the presentation, and then the Public Hearing will be held, at which time, the speakers who signed up for Public Comments will be granted the opportunity to speak either in favor of, or in opposition of, the matter before the Board, with the granted time of ten (10) minutes to be given. Mr. Gibbs gave a brief overview of the request, with the advisement of a concurrent rezoning request with a staff recommendation of approval to the Zoning Advisory Board. The ZAB recommended approval of this request to the Board of Commissioners to amend the Future Land Use Map from Low- Density Residential to High-Density Residential. On November 21, 2017, the Board of Commissioners denied said request for amendment. Appeal was made by the applicant to the Superior Court whenever there is a denial from the BOC, resulting in this case (and the concurrent rezoning request) being re-heard by the Board of Commissioners at this meeting, per Court Order. Staff s and the Zoning Advisory Board s recommendation to the Board of Commissioners are to approve the applicant s request to change the Future Land Use Map designation of the subject property from Low-Density Residential to High- Density Residential. There being no further questions or comments from the Board, Chair Wood advised that this is a Public Hearing. All persons wishing to be heard in favor of this request will have a total of ten (10) minutes to make comment; those in opposition of this request will also have a total of ten (10) minutes to make comment.

11 Page 11 of 22 Chair Wood called for anyone wishing to make comment in favor of this request to come forward. Warren Tillery, Smith Welch Webb & White, LLC Mr. Tillery appeared on behalf of Kanaka Partners in this and the rezoning request to follow. He asked to be sworn in prior to making presentation. OATH IS GIVEN Mr. Tillery asked that he be allowed to speak to the Planning & Economic Development Director on a series of documents in question. The Supreme Court orders that all documentary evidence has to be presented before the Board of Commissioners today, meaning that although he is limited to ten (10) minutes, even less because of others wishing to speak, he needs to present his case. There are serious concerns about the procedure of due process argument - in that there is not sufficient time given to put on all of the documents into evidence, nor to question Mr. Gibbs regarding same. Mr. Tillery asked that the first document be marked as Exhibit #1 and handed the copy to Mr. Gibbs and to the Clerk. After Mr. Gibbs responded that the document is true and accurate to what Mr. Tillery represented, Mr. Jaugstetter interjected and advised that if Mr. Gibbs is going to identify documents from County Ordinances or Comprehensive Plan, he suggested that counsel state what they are, and the documents shall be stipulated upon as presented. Mr. Tillery presented Section , Uses Allowed in Base Zoning Districts; he specified and asked if that document says that the uses for which the allowable density in residential districts shall be consistent with the Comprehensive Plan; Mr. Gibbs responded affirmatively. Mr. Tillery elaborated that the Comprehensive Plan amendment is tied to the rezoning to be heard after this item - meaning that this is just as important as the next request by applicant and both are needed. The Density will be discussed in the rezoning request and it is necessary to get the Comprehensive Plan amendment approved in order to have the Density applied to the new rezoning request forthcoming. Mr. Tillery then handed Mr. Gibbs what was marked as Exhibit #2, which were previously filed in the records at Superior Court, which includes a staff report, and asked for confirmation; Mr. Gibbs asked for a moment to review the document before responding. Mr. Tillery also noted that approval was recommended by staff of the Comprehensive Plan amendment; Mr. Gibbs responded affirmatively and, to counsel s first question, he responded that the document contains the staff report. Mr. Tillery asked if Zoning Advisory Board also recommended approval; Mr. Gibbs responded affirmatively. Mr. Tillery asked if an analysis was conducted which was required by the Land Development Code in reaching this opinion; Mr. Gibbs responded affirmatively. Mr. Tillery stated that he intends to introduce these same documents in the next agenda item, that being the request for rezoning. He marked the next document as Exhibit #3, copy provided to the Clerk as well, which was an affidavit from a real estate appraiser by the name of Mike Biggers. This is significant since Mr. Biggers is used by the county on most of its SPLOST work when the county claims eminent domain to improve infrastructure in the county. Mr. Tillery explained that Mr. Biggers has evaluated certain aspects relating to the Comprehensive Plan and the rezoning request forthcoming; he concluded that under normal analysis, there would be no depreciated property values for the surrounding areas; that the uses asked for under the rezoning and Comprehensive Plan amendment are consistent with the plans of the general development in that area; and that there is no significant harm to the public as a result of these rezoning requests, and the property is substantially suited for the proposed uses. Mr. Biggers also references several documents from the Atlanta Regional Commission (ARC), which shows

12 Page 12 of 22 the population in Henry County contains a significant number of people between the ages of years old, precipitating the need for senior housing in this area. He gave further statistics for that age demographic and explained that Mr. Biggers testimony would show that there is a need for this senior housing and the Board should approve both the Comprehensive Plan amendment and the subsequent rezoning request. Mr. Tillery also noted that the Supreme Court states that the property has no substantial or viable economic value without the rezoning, which is also significant as the Density is tied to the Comprehensive Plan. The Consent Order was presented and marked as Exhibit #4. By consent of both parties, the Court has remanded this matter back to the Board of Commissioners to - (1) rezone the property in a constitutional manner and (2) that the Future Land Use Map be amended to have a designation that comports with that constitutional zoning. He also made Exhibit #5 - the Constitutional Rights Letter - a part of today s evidentiary record to be presented to the Board. Mr. Tillery explained that the Constitutional Rights Letter places the Board on notice that, in the event the Comprehensive Plan is denied or the rezoning is denied, applicant must preserve its right in the ability to go back to court for further litigation. Chair Wood asked for guidance from the County Attorney in that there are individuals who have signed up for Public Comments, for this matter, and they should be granted time to speak on this matter. By consent, the Board allowed for extra time in order for these individuals to make their comments. Mildred Schmelz, Ellenwood GA Ms. Schmelz spoke in favor of the development and thanked the Board for all they do in Henry County. As a member of the Atlanta Regional Commission/Committee on Aging and Independent Living, she spoke of the shortage of houses for seniors in Henry County - approximately 53.6% of Henry County renters (age 65+) pay more than 30% of their income on housing, which is considered affordable if a person pays no more than 30% of their income on rent. As of 2015, older adults in Henry County numbered approximately 23,298 (age 65+) who live in the county, representing about 10.7% of the total population; 11,708 housing units in Henry County are headed by a person (65+) and, of those, 1,310 are rental units. By 2040, the population of older adults in Henry County is forecasted to be more than double the current number. Ms. Schmelz is also a member of the Henry County Council on Aging and is an advocate for senior citizens; she asks for approval of this request. She stated that the average median income of these adults (65+) in Henry County is actually 27% lower than that for all ages; 1 in 4 individuals (65+) have an annual income of less than $22,734, considered very low income compared to median income of $60,424 in Henry County. Ms. Schmelz also wished to provide the Commissioners a copy of a chart to discuss later, on housing for seniors in Henry County. She asks for approval of the rezoning request and the amendment to the Comprehensive Plan. Vivian Thomas, McDonough GA Ms. Thomas supports this request for senior housing. A lot of people move here early in hopes of retiring early and making contributions to the society here. She believes this will bring in additional jobs as well as professional career jobs, in administration and in healthcare, as well as attract more business that wish to serve seniors in this particular area. Seniors who live here with limited income should also be considered in this request, as well as seniors potentially moving to the county - because of that, she supports this District V project.

13 Page 13 of 22 Mr. Jaugstetter noted that there was Mr. John Bailey who had signed up to speak, but was not sure if he was in favor of this request. The Chair allowed same. John Bailey, Ellenwood, GA Mr. Bailey lives in the area less than a mile away from the proposed facility. He believes this is needed and he himself is a senior citizen and supports this development. Chair Wood noted that the 10 minutes has expired, but asked that anyone else in favor of this request, to be stand and be recognized. Chair Wood then offered a total of ten (10) minutes to anyone wishing to speak in opposition of this request. Carl Swensson, Stockbridge (unincorporated), GA Mr. Swensson opposes this and stated that the plan for this property had been done long before this present Board. He believes this to be a classic example of how carpetbaggers operate and alleges that this is what is happening with this request. There is a Low-Density to be changed into High-Density area, which is not needed. While Mr. Swensson believes that no one is concerned about traffic because it is not part of the law at question here, he does not believe that court should be held in front of the Board of Commissioners. He believes that 16 units per acre raise some suspicion as to what is actually going to be built on this property. As a citizen of Henry County, Mr. Swensson remarks this is enough and this is not manageable in regard to the infrastructure, which has not been clearly established. He suggested that in the future, the infrastructure should be established before any development begins. This project will affect him with traffic on East Atlanta and Thurman Road. The quality of life in Henry County is desirable to many, but it will not stay that way if developments such as this keep getting approved. This particular development will not take long to turn into Section 8 housing, which is not wanted. Larry Morey, Ethics in Government Mr. Morey would be in support of this project if the construction was of the quality that the District II Commissioner referenced to earlier. But in 3-4 years from now, when families with children are allowed to live there, making it just another apartment complex. If this is for seniors only, and if it is constructed of high quality, he would support it - if it is kept as a senior adult living community only. He believes that families will start moving in eventually. Seeing no one else approaching, Chair Wood concluded the Public Hearing. Commissioner Clemmons asked how many bedrooms are proposed to be in these units; Mr. Gibbs responded that to his knowledge, the number of bedrooms would probably be majority single, but developer could best answer that question. Commissioner Wilson asked if the rezoning is to be a different hearing; Chair Wood responded it is, following this hearing. There being no further questions or comments from the Board, Commissioner Clemmons expressed her wish to get this right, as the seniors in the community deserve to live here; if housing is not built that they would want to live in, they will be forced out of their community. She has noted that a lot of seniors have moved out of Henry County and over to Sun City, because Henry County has not properly and provided quality housing for seniors. She believes that seniors should have the high quality of care,

14 Page 14 of 22 such as provided at the Rehab Center, and that drug care treatment be provided and, especially affordable housing with excellent support systems. That said Commissioner Clemmons made a motion to approve this amendment with the Zoning Advisory Board recommendations; Commissioner Wilson seconded the motion, with a forthcoming comment. Commissioner Wilson recalled voting against this request the first time it was presented. He has since spent some time with the Planning & Economic Development Director and the County Attorney and came up with some conditions, after extensive research. The Commissioner wanted to make it clear to District V that the Board is here to represent the community and county for its best interests and service to the seniors for their housing. They came up with a list of conditions for this housing project and asked if it is appropriate to discuss this now; Mr. Gibbs responded that it should be discussed when the rezoning request is heard, following this request. The District I Commissioner believes this will work for the community of Fairview, for the county and for its senior residents. There is a waiting list on one of the senior housing facilities in District I, so this development is highly needed in this county. There being no further discussion, the motion to approve Resolution was carried by a vote of (with Commissioner Holmes and Commissioner Prince being recused) Public Hearing (RZ-17-17) Kanaka Partners, LLC of Buffalo, New York requests a rezoning from RA (Residential- Agricultural) to RM (Multi-family Residential) for property located at 4205 West Village Parkway, in Land Lots 186 & 199 of the 12th District. The property consists of 7.1+/- acres, and the request is for an age restricted development. Exhibit #8 District V Mr. Gibbs explained that as in the previous case, this matter is being brought back to the Board of Commissioners via Court Order, as previously stated. This is a rezoning request to change from RA (Residential-Agricultural) to RM (Multi-Family Residential). Staff recommended approval to ZAB with seven (7) conditions; the ZAB recommended approval of the request to the BOC with six (6) conditions. When the case was heard on November 21, 2017 with a denial by the BOC, applicant then appealed same through Superior Court; tonight this is being heard again via that Court Order. He placed the Resolution to be considered with the conditions. At the request of the Chair, Mr. Gibbs read the conditions into the record, as follows: 1. All units shall be interior entry. 2. The development shall be limited to seniors 55 and older; it shall meet the requirements of the Fair Housing Act and the provisions of Section A-H of the ULDC. 3. Any Green Infrastructure and Low Impact Development site design shall be based upon the most current Georgia Stormwater Management Manual. 4. The owner or developer shall coordinate with SPLOST to minimize conflicts between the site and the road project. 5. A deceleration lane/acceleration taper shall be required. 6. Entrance into the development shall consist of a six (6 ) foot tall brick or stone entranceway that includes a fifteen (15 ) feet to twenty (20 ) feet wide brick and/or stone wall on both sides of the entrance, meeting all code and permitting requirements. Greenery and/or trees shall be placed all along the front property line meeting the approval of the Henry County Building & Plan Review Department. 7. There shall be an amenities area that includes a water feature and sitting area that promotes health and wellness for the senior community.

15 Page 15 of There shall be an ADA compliant walking trail connected to the walking trail as defined in the approved site plan for the Fairview Village Center allowing residents to easily access both as a continuous walking trail through an easement granted for this purpose. 9. Restrictive covenants shall be recorded with Superior Court requiring any development of the subject property for a multi-family use to be limited to seniors 55 and older, meeting the approval of the Henry County Building & Plan Review Department and not included on those development plans requiring Henry County approval. 10. There shall be a canopy or covered entry at the point of entry into any principal structure. 11. All units shall comply with the current Georgia Accessibility Code. 12. All accessible units shall feature showers that provide low-step showers with a seat and grab bar. 13. All interior doorways in accessible units shall be a minimum of thirty-six (36 ) inches wide. 14. There shall be a community kitchen, consisting of a refrigerator, microwave oven, sinks and cabinetry. 15. There shall be keyless entry into the main building entrances with a keyed backup. 16. Access to the site shall comply with sight distance requirements for a major arterial road as well as separation requirements based upon intersecting driveways and roadways, such as West Panola Road. 17. The rezoning contemplated herein shall apply to Kanaka Partners, LLC, and its heirs and assigns. Chair Wood yielded the floor to the District I Commissioner for remarks and questions. Commissioner Wilson asked if this is covered under the Overlay District; Mr. Gibbs responded it is covered under the Fairview Overlay District. The District I Commissioner asked him to give a brief explanation as to how the Overlay District affects the exterior of the building and what its requirements are; Mr. Gibbs responded that the Fairview Overlay District requires design standards which enhance developments, which include all aspects which exceed the current Standards listed under the Unified Land Development Code. This will add better quality, additional value with respect to the enhanced features that they are required to comply. The Commissioner asked if those needed to be added as part of the conditions set forth; Mr. Gibb responded that it is already within the Overlay District boundaries, so it is required. Commissioner Wilson asked Dr. Daniel to come up and make a brief presentation on this matter. Dr. Gregory F. Daniel, Kanaka Partners, LLC, presented a proposed site plan of the Fairview Village Center, on the subject property, to update the Board on what has been done thus far. There is an urgent care already in place, which is of the highest quality with regard to construction and to service. An arrangement to add some new restaurants along Fairview Road were completed; these being high-end restaurants. Fairview is an underserved area when it comes to physician services and physicians are encouraged to work in Fairview. With a physician community in place, a facility for seniors can now be put in place. The closest facility is Piedmont Henry which is eleven (11) miles away, giving way to a need for very close health care physician services to seniors who reside within this community. This is an upgrade for Henry County senior citizens and the economic impact is estimated at over $200 million dollars for what is added. Land price is going for $200,000 per acre; whereas, 7 years ago, the same land was looked upon as unsalable and undesirable. He asked the Board to move forward and advance this process. Commissioner Wilson recalled earlier that the maximum number of units will be one hundred and twelve (112), as well as 1- and 2-bedroom units. He noted that 85% would be 1-bedroom units and 15% 2-bedroom units. He asked if there would be a problem in listing those specifications as part of the conditions set forth; Dr. Daniel responded that he has no problem with that and agreed. The District I Commissioner asked for a little more detail on the community room and what will go on inside that facility; Dr. Daniel responded that they hope seniors will use the facility to improve their quality of life,