MINUTES HENRY COUNTY ZONING ADVISORY BOARD

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1 Page 1 of 20 MINUTES HENRY COUNTY ZONING ADVISORY BOARD The Henry County held a Public Meeting with a Work Session at 6:30 p.m. and a Public Hearing at 7:30 p.m. on Thursday,, in Conference Room B, Henry County Administration Building, 140 Henry Parkway, McDonough, Georgia. Notice of these meetings was posted in the entrance foyer of the County Administration Building, and posted in The Daily Herald Newspaper. Those present were: Scott McCarter, District I, Chairman - presiding Pamela White, District II Charles Mobley, District III, Vice-Chairman Rev. William L. Herndon, District IV Michael Hightower, District V Ray McDonald, City of Stockbridge Andy Calhoun, County at Large Allen Guimarin, Board of Education Also attending were Ray Gibson, Planning & Zoning Director; Stacey Jordan, Chief Planner; David Simmons, Department of Transportation Engineering Manager; Deputy Chief Joe Kelly, Fire Department; Andrella Slaughter, Planner II; Brecca Sherow, Planner II; Jeremy Gilbert, Planner I; Aaron Ruffin, Planner I; Penny Watkins, Administrative Assistant III. (NOTE: An audio of this meeting is available with the County Clerk in the Board of Commissioners Office and will be retained for a period no less than twelve (12) months from the date of this meeting.) A public Work Session was held at 6:30 p.m. The discussed the Agenda and staff recommendations, with no votes taken during the meeting. Chairman McCarter called the Public Meeting to order at 7:30 p.m. Chairman McCarter welcomed the audience and asked them to stand while Rev. Herndon prayed the Invocation. Chairman McCarter led the Pledge of Allegiance. Chairman McCarter stated the next item was the acceptance of the Agenda; further stating there were no changes to be made to the Agenda. William Herndon moved to accept the Agenda. Pamela White seconded the motion. Chairman McCarter called for any discussion. Hearing none the Chairman called for the vote. The vote was unanimous to accept the Agenda as written. Chairman McCarter stated the next item on the Agenda was the approval of minutes from the August 23, 2007, zoning Advisory Board meeting. The chairman asked for any additions, deletions, or corrections for those minutes. Hearing none, the Chairman entertained the motion for approval of the minutes. Ray McDonald moved to approve the minutes of August 23, 2007, as written. Andy Calhoun seconded the motion. Chairman McCarter called for any discussion. Hearing none, the Chairman called for the vote. The vote was unanimous to approve the Minutes of August 23, Chairman McCarter asked for any comments from the Planning Staff.

2 Page 2 of 20 Ray Gibson introduced the newest member of staff, Aaron Ruffin, Planner I, to the Zoning Advisory Board. He stated that Mr. Ruffin had attended Mississippi State, and his home town was Tuscaloosa, Alabama. The Board welcomed Mr. Ruffin. Chairman McCarter called for the first item on the Agenda under Conditional Use. CU Benjamin Kyle Tew of McDonough, GA requests a conditional use for property located at 860 Old Jackson Road. The property is located in Land Lots 204 and 205 of the 7 th District, consisting of /- acres. The request is for a guest quarters. District 1 Ray Gibson, Director, introduced the item; Jeremy Gilbert, Planner I, represented Staff. Chairman McCarter gave a quick review of how the meeting would be conducted, stating there would be a presentation from staff and then there would be ten minutes for speakers in favor of each item, which would include the applicant s presentation, and ten minutes for speakers in opposition of each item. After public comments had been taken, then the Board would ask questions of the applicant, and then a vote would be taken on each item. Jeremy Gilbert stated the applicant was proposing to build a 2,295 square foot detached guest quarters for his parents. The proposed guest quarters will be constructed in the rear yard behind the primary residence that is on the site currently. Mr. Gilbert stated the applicant was proposing to build the guest quarters of brick on the front and the sides, with cement fiberboard on the rear, and will be consistent with other properties in the area. Currently the property is RA and the surrounding properties are zoned RA as well. The Planning Staff recommends approval of this request with three (3) conditions. Chairman McCarter entertained questions from the Board for Mr. Gilbert. Hearing none, the Chairman asked the representative for Mr. Tew to step up to the podium. Chairman McCarter asked that anyone addressing the Board give their name and address for the record and asked them to fill out the speaker information card and give to staff. Benjamin Kyle Tew, 860 Old Jackson Road, and David Tew, the applicant s father, stepped up to the podium. Mr. Tew stated his parents currently lived in Riverdale and they had looked at property in this area, but had not found anything that was reasonably priced. He would like to get his parents closer. David Tew stated they did have architectural plans and had gotten with a builder and were ready to go forward contingent upon being approved. Chairman McCarter asked for anyone in the audience wishing to speak in favor of this request. Hearing none, the Chairman entertained comments from anyone wishing to speak in opposition to the request. Hearing none, the Chairman asked if the applicant and his father had seen the staff report with the three recommended conditions. Benjamin Tew stated he had not until just now; however, his father had seen the report. David Tew stated he had read the conditions. Chairman McCarter entertained questions from the Board for the applicant. Hearing none, the Chairman stated that since the item was in his district, District I, he would like for Charles Mobley, Vice-Chairman, to call for the vote. Vice-Chairman Mobley read the item and entertained the motion. Scott McCarter moved for approval with the three (3) conditions. William Herndon seconded the motion. Vice-Chairman Mobley asked for any further discussion. Hearing none, the Vice-chairman called for the vote. The vote was unanimous for approval.

3 Page 3 of 20 The approved conditions Use CU with the following three (3) conditions: 1. The guest quarters shall not be utilized as a rental unit at any time. Such a condition shall run with the property and shall be filed within the deed book at the County Courthouse. Upon filing, the applicant shall be responsible for obtaining all building permits for the construction of the guest quarters and submitting a copy of the filing to the Henry County Planning and Zoning Office 2. The guest quarters shall be constructed of brick on the front and sides with cement fiberboard on the rear. The guest quarters may be accented with additional construction materials as approved by the Henry County Planning and Zoning Department. 3. All Fire, Building and Accessibility Codes must be met. Mr. Tew thanked the Board. Chairman McCarter called for the next item on the Agenda under Modification To A Zoning Condition. MC Cameron Properties, Inc. of McDonough, GA requests a modification to zoning conditions for property located on the northern side of Miller s Mill Road. The property is located in Land Lots 36 and 61 of the 11 th District, consisting of /- acres. The request is to modify conditions regarding building materials and roof pitch. District 4 Ray Gibson introduced the item; Brecca Sherow, Planner II, represented Staff. Brecca Sherow stated the applicant was requesting to modify zoning conditions regarding building materials and roof pitch. The property is zoned R-2 with a minimum lot size of 18,000 square feet on sewer. Ms. Sherow stated there were a number of R-2 subdivisions in the area. Ms. Sherow read the existing condition #4 which states, All homes shall be all sides brick, and existing condition #6 which reads, All homes shall have a minimum roof pitch of 8/12. Ms. Sherow stated the applicant is proposing the following changes: 4. All homes shall consist of all sides brick, stone, stucco or any combination thereof. Cement fiberboard may be used as accents in dormers, gables, bay windows and above the roofline of the houses. Vinyl shall only be permitted in the dormers, soffits, fascia and chimney chase above the roofline of the houses. 6. All homes shall have a minimum roof pitch of 8/12, except for a 5/12 roof pitch on dormers. Ms. Sherow stated that Staff makes no recommendation on this request. Chairman McCarter entertained questions from the Board for Ms. Sherow. Hearing none, the Chairman asked the representative for Cameron Properties to step up to the podium. Stan Cameron stated they had filed similar requests before; that he thought this Board had heard about a year ago, in a subdivision called Creekside Estates, which is located on Chambers Road in Henry County. Mr. Cameron stated all they were trying to do was add a little more curb appeal to these houses. The effect of the Zoning Modification would allow them to do more of a craftsman style look on the front elevation of the home, and would not in any way diminish the price point within the subdivision. Mr. Cameron stated the subdivision was upgraded and was a higher end product with a minimum of 2,500 square foot of heated space. Mr. Cameron reiterated that it would no affect the sides or the rear of the homes, which would be all brick. He stated this would allow for some accents. Mr. Cameron stated they had found that when you could add some effect such as stacked stone, shack shingles, and so forth, to the front elevation that is just added curb appeal. He reiterated that it would in no way diminish the value of the homes. Mr. Cameron stated they had seen these homes sell faster in a very tough market. Mr. Cameron displayed pictures of the proposed house elevations on the overhead to the audience and Board could see what he intended. Mr. Cameron stated the condition right now reads all brick, but indicated on the photos where stacked stone, or shack shingles, made a big difference

4 Page 4 of 20 in the appearance of the front of the homes. He stated they still intended to build all sides brick, but wanted the flexibility of using the stacked stone, shack shingles, and so forth to accent the front elevation. Mr. Cameron stated that Creekside Estates was probably the best subdivision in Henry County. Mr. Cameron stated that if a buyer wanted a full brick home, then the front façade would be brick only as well. Mr. Cameron stated that when they filed the request with the Planning Staff, who have been great on things like this, there is some generic language they like to use on modifications. He pointed out #4, All homes shall consist of brick, stone, stucco or any combination there of, stating they had no interest of using stucco. They only wanted to use brick, stone, cement fiberboard, shack shingles, things like that. They will not be using stucco and would not mind striking stucco from the materials. Mr. Cameron also mentioned the places where vinyl can be used, however, he did not intend to use vinyl for the chimney chase. He stated it was a better looking house and every bit as costly as all sides brick. Ray Gibson asked if the modification was for the mixture on the front elevation only, and the rest of the house would be brick. Stan Cameron stated that was all they were asking for in this particular subdivision, just the front elevation. The sides and rear are going to be all brick. William Herndon stated the Board understood that. Stan Cameron stated it was strictly for curb appeal, and he thought the buyers agreed. Chairman McCarter entertained any comments from those wishing to speak in favor of this request. Hearing none, the chairman asked for anyone wishing to speak in opposition to the request. Chairman McCarter read a letter he had received into the minutes as follows: From: BandDCates@aol.com [mailto:banddcates@aol.com] Sent: Wednesday, August 15, :47 PM To: Brecca Sherow Subject: zoning modification property Miller's Mill Rd I will be out of town and unable to attend the meeting on Sept 13, 2007 at which time there will be a request for modification to the zoning that was approved for property on Miller's Mill Rd during a previous zoning request. I request that this modification be denied. I live in Cotton Plantation subdivision and the changes requested will further depreciated the value of homes in our area. The approval of all brick construction must be required for this property in line with the original zoning. Also, the request to update the roof pitch must be denied, all constructions should be in line with the original zoning approval. Please deliver my opposition to this rezoning to the Advisory Board. Diane Cates 1205 Mill Creek Lane Chairman McCarter asked Mr. Cameron back to the front. Stan Cameron stated he would like to respond to those comments. He stated it was absolutely untrue that it would diminish the value of the property in any way. It does not diminish it one dime, one dollar, not at all; it is just simply a better looking product. It does not diminish it at all. This is an upgraded subdivision that we are building out on Millers Mill Road. From everything we are doing to it, the street lights, the entrance ways, and everything else, it is an upgraded subdivision and that is the way that we will build it. The second thing I am glad you brought up. I forgot to mention that. The roof pitch per the stipulation with the 8/12; the only reason that we asked for that one modification is that on the dormer we need to go for the 5/12. He stated he thought the Planning Staff had asked for a recommendation from the Building Department, and they had no objection to it. He stated he did not think they could technically meet the 8/12 stipulation if they put a dormer on a house, and that is the only way it amends that stipulation.

5 Page 5 of 20 Chairman McCarter entertained questions from the Board for Mr. Cameron. William Herndon asked Mr. Cameron to give the price point, low to high. Stan Cameron said that on a 2,500 square foot house they would probably try to start something just under $300k, probably $295k and go from there to $375k. William Herndon asked Mr. Cameron to put the first pictures back up as they had a couple of questions about two of the pictures they saw. Stan Cameron displayed the pictures. William Herndon asked if the area above the front entry way where there was an arched window was cedar shack materials. Stan Cameron stated it was. William Herndon asked on the second photo if the material above the roof line was cement fiberboard. Stan Cameron stated it was cement fiberboard and not vinyl. William Herndon stated they did not see any vinyl chimney chases. Stan Cameron stated that was correct, and that could be stricken. William Herndon stated that the only changes from the original approved zoning are the elevational changes in the front, which would be 3 sides brick with front elevations consisting of the following materials, brick, stone, stucco, or cedar shack, or a combination of two or more of those materials. Stan Cameron stated that was correct. William Herndon stated that on #6, the change is just the pitch to allow for the dormers. Stan Cameron stated that was correct. He stated that on condition #4 he would like to keep the comment cement fiberboard. In the sentence stating where vinyl could be use, he would like to strike chimney chase; and from the building materials he would like to strike stucco. Ray Gibson asked about the language: or a combination of two or more of those materials. Stan Cameron stated they wanted to say they could use brick or stone or any combination of the brick /stone, and let the next statement get into the cement fiberboard and so forth. He stated they would like that latitude. Chairman McCarter asked for any further comment. Hearing none, the Chairman read the item and entertained the motion. William Herndon moved to accept the modification with the two following changes: 4. All homes shall consist of three all sides brick and craftsman style front elevations the materials brick, stone or cedar shake, or a combination of two or more of these materials in the front elevation only. Cement fiberboard may be used as accents in dormers, gables, bay windows and above the roof line of the houses. Vinyl shall only be permitted in the soffits, and fascia, also above the roof line of the houses. 6. All homes shall have a minimum roof pitch of 8/12, except for a 5/12 roof pitch on dormers. Charles Mobley seconded the motion. Chairman McCarter called for any further discussion on the motion.

6 Page 6 of 20 Ray Gibson stated he would like to get away from saying three sides or four sides as there may be more sides than four. William Herndon amended the condition to say all sides brick except for the front elevation. Chairman McCarter asked for a second on the amended motion. Charles Mobley seconded the amended motion. Chairman McCarter called for any further discussion. Hearing none, the Chairman called for the vote. The vote was unanimous to approve the motion. The recommended Approval of Modification to a Zoning Condition for MC with the following changes to conditions number 4 and 6: 4. All homes shall consist of three all sides brick and craftsman style front elevations the materials brick, stone or cedar shake, or a combination of two or more of these materials in the front elevation only. Cement fiberboard may be used as accents in dormers, gables, bay windows and above the roof line of the houses. Vinyl shall only be permitted in the soffits, and fascia, also above the roof line of the houses. 6. All homes shall have a minimum roof pitch of 8/12, except for a 5/12 roof pitch on dormers. Chairman McCarter called for the next item on the Agenda. RZ West Panola, LLC of Stockbridge, GA requests a rezoning from RA (Residential-Agricultural) to C-2 (General Commercial) for property located at 553 Fairview Road. The property is located in Land Lot 199 of the 12 th District, consisting of 4.07+/- acres. The request is for the development of a retail center. District 5 Ray Gibson introduced the item; Andrella Slaughter, Planner II, represented Staff. Andrella Slaughter stated the applicant requests to rezone 4.07+/- acres from RA to C-2 for future commercial development. The property is located at 553 Fairview Road. The surrounding zonings to the north, south, and west are RA, and the property to the east is C-2. On the conceptual site plan the applicant is proposing one 5,562 square foot commercial building for a proposed fast food restaurant. The Future Land Use Map designates this area for low-density residential land uses with up to 2.5 dwelling units per acre. This request is inconsistent with the Future Land Use Map; however, the area is transitioning into a commercial node beginning at the intersection of Santa Fe Trail, East Atlanta Road, West Panola Road and Fairview Road. On September 18, 2006, the Board of Commissioners rezoned 20+/- acres from RA to C-2, and that is the property to the west of the subject property. Also properties to the west on Fairview Road, near Anvil Block Road, are designated commercial and services land uses on the Future Land Use Map. Approval of this request would continue the ongoing transition of the surrounding area to a major commercial node. Staff recommends approval with ten (10) conditions. Chairman McCarter entertained questions from the Board for Ms. Slaughter. Hearing none, the Chairman asked the representative for West Panola, LLC to step up to the podium. Nick Griffiths stated he represented West Panola, LLC. He stated they were working on the property adjoining this particular piece and are currently working with the DOT with the realignment of West Panola Road that is going to come through a previously rezoned property. Mr. Griffiths stated this parcel adjoins that piece and will basically be a continuation of that project. He stated they had reviewed the ten (10) zoning conditions which staff has recommended and are fine with all of those. Mr. Griffiths stated they wanted to continue to work with the county on the right-of-way. Chairman McCarter entertained comment from anyone wishing to speak in favor of this request. Hearing none, the Chairman entertained comment from anyone wishing to speak in opposition to the request. Hearing none, the chairman asked Mr. Griffiths back to the podium.

7 Page 7 of 20 Chairman McCarter entertained questions from the Board for the applicant. Hearing none, the Chairman asked for any further comment from Staff. Hearing none, the Chairman read the item and called for the motion. Michael Hightower moved for approval with the ten (10) conditions staff has recommended. Andy Calhoun seconded the motion. Chairman McCarter called for any further discussion. Hearing none, the Chairman called for the vote. The vote was 6-0-1, with one abstention by Mr. Mobley. Chairman McCarter called for the next item on the Agenda. RZ Hussain A. Lakhani of Dallas, TX requests a rezoning from RA (Residential-Agricultural) to C-2 (General Commercial) for property located at 1768 Miller s Mill Road. The property is located in Land Lot 27 of the 11 th District, consisting of /- acres. The request is for the development of a retail center. District 4 Ray Gibson introduced the item; Andrella Slaughter represented Staff. Andrella Slaughter stated the applicant was requesting to rezone 3.56+/- acres from RA to C-2 for a retail shopping center. The property is located at the corner of Highway 155 and Miller s Mill Road. There is an existing cemetery on the property, which the applicant has expressed the cemetery will not be disturbed. The surrounding property is RA (Residential-Agricultural) to all sides. The conceptual site plan depicts an 18,000 square foot retail shopping center. The Future Land Use Map designates this area for low-density residential land uses up to 2.5 dwelling units per acre. This request is inconsistent with the Future Land Use Map. The subject property is surrounded by larger residentially zoned properties ranging from 2 to 6 acres. There are several RA subdivisions that are near the subject property. The request to change the zoning will not further the objective of the Future Land Use Plan, nor will it be consistent with the character of the existing neighborhood. Approval of the request would begin the transition of the surrounding area, from residential to commercial. Staff recommends denial of this request. Chairman McCarter entertained questions from the Board for Ms. Slaughter. Hearing none, the Chairman asked the representative for Hussain Lakhani to step up to the podium. Larry Garcia stated he was acting as the agent for the Lakhani family in this matter. He has resided at 78 Walnut Way, McDonough, Georgia, since Mr. Garcia thanked Staff for their work, stating he thought they had organized the information very well, and the conclusions they had come to based on the facts he though were correct. Mr. Garcia referred the Board to criteria point #2, stating it indicates that the property meets the requirements for this zoning classification in all aspects of thoroughfare, utilities, topography and size. Mr. Garcia noted that on a property of this size the amount of developed space, retail square footage, is actually under 9,000 square feet per acre which is usually is the standard, and this one is outlined at 5,000 square feet per acre. That is due to the fact that they have tried to create a forty-foot (40 ) buffer to the existing residential subdivisions that back up to this property. The other conclusions that need to be looked at that affect negatively seem to be the compatibility with the Land Use Plan and the impact on the neighborhood. If any of you have been to the corner of Miller s Mill Road and Highway 155 in recent months, actually in recent years, you had to sit there forever waiting for traffic to clear because there was no four-way stop, and there was no traffic light. If you have been there recently, you know that the State DOT is undergoing a major construction project and a major widening of this intersection, moving the entire intersection and widening it with the inclusion of a traffic light which is on the County SPLOST calendar for public record, but is not included in this report. There are no traffic counts included in this report. Mr. Garcia asked if there were any traffic counts available. Andrella Slaughter stated there were none available for this report. Mr. Garcia stated he had gone to the Georgia Department of Transportation s website and had a hand out for the Board. He stated that the traffic count and mile marker placements the DOT are using, indicating on the map on the overhead screen, located on Miller s Mill Road and Highway 155 project a traffic count for the Highway 155 location, as of 2006, The average daily traffic is

8 Page 8 of 20 16,440 trips per day, and on Miller s Mill at the mile marker there is a daily traffic count of 8,200. He stated there was an increase from 2005 to 2006 of about 25%, and stated that was consistent on Highway 155. Using that track and history, assuming another 25% for 2007, which he thought was reasonable; you are looking about 35,000 cars around this intersection on an average daily basis. Mr. Garcia stated the impact this property would have on this area was not going to be because of development, but was already there. The traffic count is increasing and that is why a major intersection is going in there, with a traffic light, which is conducive to commercial development. He suggested that the Land Use Plan was just that, a Land Use Plan, based on ideals, and did not think they should be adhered to concretely when it made common sense to look at a piece of property and say this major intersection is surely not a place where people would want to live with that type of traffic. Mr. Garcia stated the Future Land Use Plan called for commercial on the opposite side of the road, but because this is such a major road, a major intersection, you have to move that commercial area in to both sides of the intersection. Chairman McCarter called for anyone wishing to speak in favor of this request. Hearing none, the Chairman entertained comment from anyone wishing to speak in opposition to this request. Connie Cook, 560 Cotton Indian Creek Road, stated she was speaking on behalf of the residents of the area. Ms. Cook stated they were definitely opposed to this type of development, that is was not consistent with the kind of neighborhood they have there now, which is rural and residential. It is not consistent with the existing Land Use Plan which calls for low-density residential in the area, and it is not consistent with the Comprehensive Land Use Plan that the County has spent hundreds of thousands of dollars on, and the County has given approval to this Plan, and it is in the final adoption stages. That plan calls for all four corners of that intersection to be rural residential, and that is what we want those corners to remain. Ms. Cook stated they had a very nice neighborhood, nice homes on large lots, and they would like it to stay that way. Ms. Cook stated she would like to disagree with Mr. Garcia, that she thought common sense tells us that we do not need a strip shopping center on every intersection in the County. She stated they did not need to increase the traffic that was already at this intersection, stating they were finally getting some relief there with the four-way stop and with the coming red light, and they did not need to go back and make matters worse by adding something that would bring additional traffic there. Ms. Cook had a letter and petition signed by 74 residents of the area. Ms. Cook read the letter into the record as follows:

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17 Page 17 of 20 Chairman McCarter entertained comments from anyone else wishing to speak in opposition to this request. Jeff Hammond, 1750 Miller s Mill Road, stated his property was adjacent to the subject property. Mr. Murphy stated he agreed 100% with Ms. Cook. He stated they did not need any commercial on any corner at Highway 155. There are plenty of commercial properties that they can go to right down East Lake Road. To say that it is not going to adversely affect our corner and our neighborhoods is just crazy. Go up to see how much has changed at the corner of Highway 155 and East Lake Road. That is not a community any more. That is a sprawling city, and it is growing constantly. If he wants to put a strip mall somewhere, there is lots of land right up there. Mr. Hammond stated he had lived there for ten (10) years now. He moved there to get away from the city. Mr. Hammond stated the traffic had increased ten times over, and it was hard to get in and out of his driveway with the construction that is going on now. To say that just because the traffic is there that it is okay to put a store there, and it is not going to make it worse. Talk to people at other corners. If they do put a store there, people are going to come to the store, and that will increase the traffic. It will increase traffic in front of my driveway and make it harder to get in and out of. He has an outlet coming out on to Miller s Mill Road, not just on Highway 155, but on

18 Page 18 of 20 Miller s Mill Road. That will be, the way he has it drawn, a few feet from my driveway making people turn in and out. They are talking about moving the roadbed over. They are only shifting it one half of a lane. It is not being moved as far as people think it is. On the other side is a temporary road that is going to be torn out, so that is really not moving it that much. Putting a red light in and everything is not really going to make it a feasible place. There is a cemetery at the corner. It is just a good area, it was a good area. Now they have destroyed it pretty much, but they are going to put it back together. I am asking you to please deny it. Let them fix our corner and leave it residential. Thank you. Chairman McCarter entertained comments from anyone else wishing to speak in opposition to this request. Frank Murphy, 15 Plantation Drive, to support what everybody else has said, I have been there fifteen (15) years. This proposed project here would really destroy a lot of integrity of the residential area that I feel. The way they talk about moving this project to Miller s Mill and Highway 155, this property that he has got, Highway 155 is going to be moved east of where it is now. As he said, Miller s Mill will also be moved. This property will have to have a long driveway going out to Highway 155, he will have to have another driveway until Highway 155 and Miller s Mill Road is fully finished. I don t think he really has any idea how he is going to enter and exit from this property. Again, the congestion that is there, during the fifteen years that I have been there is totally unreal. Again, I moved from DeKalb County to get out of some of the confusion there. It seems like it chases us; you can not stop progress, as you folks have said before. This corner, the historical cemetery: there are Indian burial grounds, a Negro cemetery, and Civil War Cemetery plots there. If that starts to be messed with, a guy can t even rest anymore in peace. That would be destroyed. Chairman McCarter called for anyone else wishing to speak in opposition to this request. Hearing none, the Chairman asked Larry Garcia back to the podium. Chairman McCarter entertained questions from the Board for Mr. Garcia. Hearing none, the Chairman asked for any further comment from Staff. Andrella Slaughter stated there was a letter from Mike Moon concerning the cemetery on the property.

19 Page 19 of 20 Chairman McCarter apologized for not reading that into the minutes. Ray Gibson stated he did not have to read that into the minutes. Chairman McCarter asked for any further comments from the Board or Staff. Hearing none, the Chairman read the item and entertained the motion. William Herndon stated he would like to make a motion. In the matter of RZ-07-21, in that it would significantly change the character of the area, and that it is inconsistent with the scheme of the existing neighborhood, in that it immediately would make an impact upon adjacent property owners, and that it is inconsistent with the Future Land Use Map, and it will not, as presented, further the objectives of the Land Use Plan, I make a motion that the rezoning from RA to C-1 be denied. I so move. Andy Calhoun seconded the motion.

20 Page 20 of 20 Chairman McCarter called for any further discussion. Hearing none the Chairman called for the vote. The vote was unanimous for denial. Ray Gibson pointed out that the request was not for C-1, but for C-2. William Herndon: I so amend. Andy Calhoun seconded the motion. Chairman McCarter called for the vote for the C-2. The vote was again unanimous for denial of the C-2. The recommended Denial of RA Chairman McCarter opened the floor for public comment. Chairman McCarter asked if there were anything further from the Board or Staff. Hearing none, the Chairman entertained the motion for adjournment. William Herndon: So moved. Michael Hightower seconded. The vote was unanimous to adjourn. Chairman McCarter proclaimed the meeting adjourned at 8:35 p.m. Scott McCarter, Chairman Ray Gibson, AICP, Director Shay Mathis, County Clerk Transcribed by Dianne Pinson, Secretary to the Board