PUBLIC HEARING

Application #00-03Z: C. Richard Morrow, Owner – Lot 10 High Falls Road, located in Land Lot 210 of the 2^nd Land District – requesting a rezoning from C-1, Highway Commercial, to C-1C, Manufacturing-Light.

Application #00-04Z: C. Richard Morrow, Owner – Lot 11 High Falls Road, located in Land Lot 210 of the 2^nd Land District – requesting a rezoning from C-1, Highway Commercial, to C-1C, Manufacturing-Light.

County Manager Ruffin stated that the above applications could be heard together but needed to be voted on separately.

Mr. Dick Morrow gave his address as 263 Westchester Drive and stated he was owner of these properties. He said that these are of more housekeeping than rezoning. He said some of the adjoining property is already C-1C and he was just trying to make it all compatible. He plans to erect small buildings for business. He said that this rezoning was approved unanimously by Planning & Zoning Board with one condition that it not be used for automobile repair facility which he agreed to.

There was no one else signed up to speak for or against these applications.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres, Application #00-01Z was unanimously approved with condition of no automobile repair facility. The Resolution will be incorporated into the minutes on second and final reading.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres, Application #00-02Z was unanimously approved with condition of no automobile repair facility. The Resolution will be incorporated into the minutes on second and final reading.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres, Application #00-03Z was unanimously approved with condition of no automobile repair facility. The Resolution will be incorporated into the minutes on second and final reading.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres, Application #00-04Z was unanimously approved with condition of no automobile repair facility. The Resolution will be incorporated into the minutes on second and final reading.

Application #00-05Z: Pilkenton-Murray LLC, Owner – Rendley Norris, Agent – 37.29 acres on Moreland Road, located in Land Lot 105 of the 2^nd Land District – requesting a rezoning from AR-1, Agricultural and Residential, to C-2, Manufacturing. Mr. Rendley spoke on behalf of this application and gave his address as 1065 Highway 279, Fairburn, GA. He said that he proposes to build a group development of metal buildings and lease these to businesses that need a C-2 to operate to have outside storage. He said that the buildings would be completely buffered by trees and not visible from Moreland Road. He said the development would be 1341 ft. from Moreland Road. He said that this property is compatible with the adjoining property as there is the concrete and asphalt plant that is operating now. He said that he was keeping this one ownership and would maintain the group development himself. He said that he feels that this is the highest and best use of this piece of property.

Commissioner Martha McDaniel stated that the minutes show that the property was approved by them for rezoning conditioned on following the group development concept regarding setbacks, etc. and conditioned on excluding industries as listed in Section 1503(A) 24,25, 27, 28, 30, 31, 34, 36, 38, 42 and 43 and all principle use Special Exceptions, Section 1503 (B) 1-6. Mr. Norris stated that he agreed to the condition.

Mr. Niles Murray gave his address as 1400 Maple Drive and stated he that he and Mr. Harvey Pilkinton are the present owners and have a contract for Mr. Norris to purchase the land. He said they were in favor of this rezoning and development as the land is unsuitable for residential. He said the transition would be perfect for their residential development, Huntington South. He asked approval for this application.

Upon motion by Commissioner Massengale, seconded by Commissioner Johnie McDaniel Application #00-05Z was approved by a vote of 4-0-1 with the above stated conditions so noted by Commissioner Martha McDaniel. Commissioner Kendall abstained from voting because his wife owns property in this area. The Resolution will be incorporated into the minutes on second and final reading.

Application #00-06Z: Dexter and Tina Wiggins, Owners – 625 Jordan Hill Road – requesting a rezoning from AR-1, Agricultural and Residential, to R-2, Single Family Residential. Mr. Dexter Wiggins gave his address as 625 Jordan Hill Road and stated he was the owner of this property. He said that the type of development he has chosen would only improve this property as most of the property surrounding consists of singlewide or doublewide modular homes with the exception of two (2) Jim Walter homes. He furnished pictures of the proposed development to the Commissioners for reviewing. Sycamore Foundation will develop the subdivision. The minimum square footage will be 1250. He explained that there would be a higher cost up front for him to encourage the developer, which is to install a central septic system and accel/decel lane. He said that he was willing to do this to get the most use out of this piece of property.

The Planning Commission minutes showed that they were going to recommend to the Commissioners that there be a requirement of two-acre lots and an accel/decel lane. Commissioner Massengale stated by law you are entitled to put 1250 SF houses on two-acre lots and asked if he understood him correctly that he did not intend to do that. Mr. Wiggins commented that he could not answer this question because he did not have an answer.

Those signed up to speak for were as follows:

Mr. Paul Uphole gave his address as 525 Wildwood Circle and stated that he was in favor of the development. He said that Spalding County had the least population increase in the last ten years and our expenses keep going up and these sound like they will be reasonably priced houses, which we are in great need of in this county.

Those signed up to speak against were as follows:

Mr. Bobby Shockley gave his address as 206 Ponderosa Road. Mr. Shockley said that he has been a contractor for 40 years in Griffin and Spalding County. He said that Mr. Wiggins has built seven houses on Jordan Hill Road and they are built just alike but different colors. He said that he has always been an advocate of larger lots in Spalding County. He said that he lives in a modular home and had to buy two acres to put it on and never understood why he was required to put his mobile home on two acres when other people were putting theirs on 100x150 ft lot. He made a request that the Board accept the Planning & Zoning Board recommendation of two-acre lots.

Mr. Stan Perdue gave his address as 811 Jordan Hill Road and addressed the drainage system problems that he has and that is also in the area where he lives. He said there is granite rock under the ground and it does not make a good drainage system. If he is allowed to put in this subdivision, he feels it will contaminate the ponds. He said that just about every individual in this area has experience septic tank problems and he does not see it being feasible to put in all these houses with all these septic tanks draining.

Mr. Bill Handley gave his address as 943 Jordan Hill Road. He presented some pictures of the washing from 723 to 943 Jordan Hill Road to the Commissioners. He said this subdivision was going to behind everybody, not building on the road frontage. He said that the washing problem is so bad that he had contacted Public Works Director Jake Garner to look at the water problem and he tried to dig but struck granite. He said the house next door to him was having problems with the septic bubbling up to the ground. He said that they had put in a longer drain field last year but was having problems again. He was also concerned with the additional traffic that would be added to this road. He said that if they approved the subdivision he too would like to see him build on two-acre lots.

Motion made by Commissioner Massengale to deny Application #00-06Z. Commissioner Martha McDaniel seconded the motion.

Before Chairman Kendall called for the vote Mr. Eugene Allen asked permission to speak. He gave his address as 213 Mobley Street. He said if you build houses on one-acre of land, where do children have to play other than the street. He said that he feels that the whole county should have to have two acres of land. He also addressed the septic tank problems in the area.

Chairman Kendall called the question to deny this application. Commissioners Massengale and Martha McDaniel voted yea and Commissioners Johnie McDaniel, Kendall and Childres voted nay. The motion to deny failed by a vote of 2-3.

Motion made by Commissioner Childres to approve Application #00-06Z as recommended by the staff with condition of accel/decel lanes. Commissioner Kendall seconded the motion and motion failed by a vote of 2-3 with Commissioners Childres and Kendall voting for and Commissioners Johnie McDaniel, Massengale and Martha McDaniel voting against the motion to approve.

Motion made by Commissioner Johnie McDaniel to table Application #00-06Z to a date uncertain to give Mr. Wiggins an opportunity to establish this land as suitable and acceptable for the purpose intended he has applied for. Commissioner Martha McDaniel seconded the motion. The motion to table passed by a vote of 4-1 with Commissioner Massengale voting against.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the Board unanimously approved a five-minute recess.

Chairman Kendall called the meeting back to order.

Amendment to UDO #A-00-04: Article 4. General Procedures – Section 413: add provision for Special Exception criteria for manufactured homes. Zoning Attorney Newton Galloway discussed this ordinance. He said this ordinance has been drafted in accordance with instructions I was given at the Board of Commissioners retreat in February. The ordinance allows manufactured homes in AR-1 zones subject to approval as a Special Exception and then pursuant 413 G Prime it sets out specific criteria for approval of the Special Exception. He said these criteria are the exact same that we were contained in the compatibility standards ordinance that the Board had requested. He said this eliminates the review board. This means a manufactured home is allowed in an AR-1 zone as a Special exception, principal use. The Board of Appeals performs the function as with any Special Exception and you the Board are the arbitrator and make the final decision. Pursuant to your directions 00-05 returns manufactured homes as a permitted use in R-5 zones. R2-A also allows manufactured homes as a permitted use.

Mr. Ray Browning gave his address as 585 Moore Road and spoke as a member of Planning & Zoning Board. He said that the Board felt that the Compatibility Review Board was a much better project because each individual application would have the opportunity to be approved and disapproved on its merit with the strict criteria and asked the Board of Commissioners to reconsider their decision to allow only by going through a Special Exception. He said that this way puts improper time constraints on the applicant, which would take 90 to 120 days. He said that he was in favor of the criteria standards because we definitely need them even if we do not get anything else. He also feels that the proposal should also be for site-built homes less than 1250 SF and come under the same scrutiny of the Compatibility Review Standards.

Those signed up to speak against this Ordinance are as follows:

Mr. Darrell Lee Boaz gave his address as 1596 Rehoboth Church Road and stated that this proposal is ludicrous. He said that zoning in this county is illegal and unconstitutional and has been since it was drafted. He said the violations are due process, due notice, no land use program effective at the time, etc. He said that this Board does not care about the people. He said that people have a right to live in this community and let them live in the kind of home they can afford.

Mr. Kevin Drury gave his address as 1512 Highway North, Thomaston, GA. He said that he did not feel that the Special Exception was a good idea. He said that he feels like in the AR-1 zone that a manufactured home should be placed by permitted use. He said that the per capita income in the county is $19,208 and an average site-built home costs $50 SF which a 1500 SF would cost $75,000 and an average manufactured home today would cost $42,000. He said that the Compatibility Review Board is more attractive than the Special Exception because it would not be as burdensome, expensive nor time consuming to the applicant.

Mr. Tom Ross, owner of Ideal Homes of Griffin gave his address as 101 Moreland Road. He said that his issue with all this is treating manufactured homes as a Special Exception is saying that you are a second-class citizen. He said that it is not right for the people who want to choose this method of housing. He said that there are a lot of old antiquated ideas about manufactured housing and he asked that the Commissioners get involved with the new manufactured housing. He said going the Special Exception route is very burdensome for the applicant as you have to have 25 copies of the registered plat plus the filing fee and can also be very time consuming before a decision is made. He said that if you were going to have to put something in place, he would prefer to see the Compatibility Review Board process. He said that he is not the Board’s enemy and that he is generating a lot of money for the county and he does have a voice.

Mr. Justin Maierhofer stated that he was the Local Government Affairs Director for the Georgia Manufactured Housing Association. He said that he is not a resident of Spalding County but represents the members of his Association who live and work in Spalding County and unable to attend. He said that the manufactured housing industry has contributed $4.8 Billion to the Georgia economy in 1999 and did employ 60,000 people. He said with the population of Spalding County being 57,500 the medium value of a home whether manufactured or stick-built was $57,700 in 1999. He said the average cost of a manufactured home in 1999 was $42,000, which shows there is an obvious need for manufacturing housing in Spalding County. He said the Association feels that the Special Exception process is considered to be unfair and discriminatory towards manufactured homeowners and it is also disturbing to know that stick-built homeowners are eliminated from the Special Exception criteria. He said also there is a non-refundable fee of $200 to apply for a Special Exception that cannot be applied to the permit fee. He said that the industry and members of the Association would gladly work with the Board to develop a fair process that works for everybody.

Mr. David Aronstein gave his address as 4514 Hampton Woods Drive, Marietta, GA. He said that he was a land developer that does work with Spalding County as well as the surrounding counties. He said that Spalding County is growing. He said that he did not understand what the driving factor was to not allow manufactured homes in AR-1 as a permitted use. Commissioner Massengale answered this saying that it was incompatible usage, which people have been complaining about. He said that he understands the Commissioners’ problem but the County needs to do a new land use map so we as land developers know where we want to go to develop a community. He said that he feels that the Compatibility Review would be a better way.

Mr. Eddie Fowler gave his address as 325 Loyal Street, McDonough, GA. He said that he was born and raised in Griffin on Johnson Pool Road. He said that he is not a resident of Spalding County but owns property in Spalding County. He said that he purchased a home in McDonough, GA because he felt like the Henry School system was much better than the one here and had the money to live in a nicer neighborhood than the ones here. He said the reason he is here tonight is that his son has a chance to have three (3) acres that was passed on to him by his mother-in-law. He is only 24 with a family and is struggling right now and cannot afford a $200,000 but he can afford a manufactured home. He said that he would love for his son to be able to put a mobile home on this property and feels that he should have the right to do this. He said that his family has owned this property for over 80 years. He said that criteria were not designed to make things better for people but make things harder for people. He said that the Compatibility Review Board was more favorable to him and then if the property owner did not like their decision, then it could be brought to the Board of Commissioners for a decision.

Commissioner Childres asked for Chairman Kendall to call for a five-minute recess, which he did.

Chairman Kendall called the meeting back to order.

Mr. Ronald Mayo gave his address as 156 Deerfield Road, Jackson, GA. He said that he is employed by Buddy’s Mobile Homes. He said that he lives in an $88,000 mobile home (with $15,000 for land) and addressed the issue of manufactured homes versus stick-built homes. He said it’s not what you choose to live in but how you put a house together. He described his mobile home with all the amenities. He said mobile home dealers offer a product today that if we set the home right and put the foundation on it and do the things you tell us to do and do it well, and then it is not a house that depreciates.

Mr. Greg Pruitt gave his address as 55 Partridge Path. He said that the Special Exception is not right. He agreed with others tonight that a three person committee to do a compatibility study with good guidance from this Board would be a better way to go for everyone involved.

Ms. Patricia Wilson (did not give an address) stated that she lives in a manufactured home for two reasons, one is she cannot afford anything else and two, because she likes it. She said if she lived in a big home, she would not have a problem with a mobile home next to her. She said these are material things and in the end these material things are not going to account for anything. She said that people should be able to choose where and how they live.

Mr. Frank Harris gave his address as 1559 S. Sixth Street Extension and stated he was Chairman of the Planning & Zoning Board. He spoke in favor of the Special Exception. He said the concept of Special Exception does not mean second class or anybody is being discriminated against. It just means that there is an awareness of compatibility of land uses. He said that most of the people here tonight speaking against this are people that are directly affected with the industry. He said that we have had a situation of discussing manufactured housing here in Griffin for a long time. He said there is no reason why the criteria standards cannot be applied to people fairly. He said also to identify a time frame for trend development is fair for part of the criteria.

Zoning Attorney Newton Galloway commented that development trends within the general area are criteria already in your ordinance. He said the criteria in this ordinance are much more expressed and much more explicit and detailed than the Coweta County ordinance.

Commissioner Johnie McDaniel and Commissioner Kendall both made comments at this time giving their reasons why they could not support this ordinance. They both felt that this ordinance would be real burdensome for the people of Spalding County who are trying to get into a house. They both recommended that maybe this could be put off one more month to meet with the Planning Commission and Planning & Zoning Board to try to see if we can come to something that will be satisfied by this Board.

Upon motion by Commissioner Childres, seconded by Commissioner Massengale UDO-A-00-04 was approved by a vote of 3-2 with Commissioners Childres, Martha McDaniel and Massengale voting for and Commissioners Kendall and r Johnie McDaniel voting against the amendment. The Resolution will be incorporated into the minutes on second and final reading.

Amendment to UDO #A-00-05: Article 11. R-5 Single Family District – Section 1103: add Class A Manufactured Home as a principal use. Zoning Attorney Newton Galloway commented that he had previously explained that this amendment allows mobile homes in the R-5 zone as a permitted use.

Mr. Paul Uphole gave his address as 525 Wildwood Circle and spoke in favor of this amendment. He said that a mobile is like a car. You can buy more or less depending on your choice and funds available. He said that the county needs to meet the needs of lower income bracket people. He said, “He that oppresses the poor reproaches his Maker”.

Mr. Greg Pruitt also spoke on the R-5 zone and R2-A zone. He said that he feels like R-5 zone should be left alone and put a compatibility study on it. He said that a compatibility study would take some of the politics out of zoning.

Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel UDO-A-00-05 was unanimously approved by a vote of 5-0. The Resolution will be incorporated into the minutes on second and final reading.

3. Adjournment.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the meeting was unanimously adjourned.

County Clerk/County Manager Chairman