REGULAR MONTHLY MEETING

The Board of Commissioners of Spalding County, Georgia, held their regular monthly meeting on Monday, April 3, 2000 in their office in the Courthouse Annex in the City of Griffin, Spalding County, Georgia, beginning at 6:00 o’clock p.m. with Commissioners Earle Childres, Martha McDaniel, Merrill Massengale, and Michael Kendall present. Commissioner Johnie McDaniel was absent due to illness. Also present were County Manager Mike Ruffin, Deputy County Manager William Wilson, County Attorney Jim Fortune and Executive Secretary Phyllis Doane.

Agenda Topics

I. OPENING (CALL TO ORDER) – Chairman Kendall

II. INVOCATION - Rev. Randy Valimont – Led by Rev. Tim Newby in the absence of Rev. Valimont.

III. PLEDGE TO FLAG - Led by Chairman Kendall

IV. PRESENTATIONS/PROCLAMATIONS/RECOGNITION

1. Consider approval of a Proclamation proclaiming the week of April 9-15, 2000 as being Victim Rights Week in Spalding County. Upon motion by Commissioner Kendall, seconded by Commissioner Martha McDaniel the following Proclamation was unanimously approved by a vote of 4-0.

Proclamation

“Spalding County Crime Victims’ Rights Week”

WHEREAS, Year 2000 marks the twentieth anniversary of the commemoration of National Crime Victims’ Rights Week; and

WHEREAS, The victims’ rights discipline in America has, for nearly three decades, dared to dream of a notion that is free from violence and an America where crime victims are consistently provided supportive services to help them cope with the trauma of crime and victimization; and

WHEREAS, While the rate of most crimes continues to decrease, U.S. residents still experience nearly 31 million criminal victimizations, including nearly 8.1 million violent crimes; and

WHEREAS, Over 30,000 federal and state laws have been passed that define and protect the rights of crime victims; 32 states have passed constitutional amendments that afford victims important participatory rights throughout the criminal and juvenile justice systems; and a federal constitutional amendment is currently pending in the U.S. Congress; and

WHEREAS, Important partnerships have been formed among criminal and juvenile justice agencies, allied professionals, and victim services to ensure that crime victims are treated with dignity and respect; and

WHEREAS, Our nation’s commitment to victim assistance, crime prevention, and public safety has resulted in countless individuals and collaborative initiatives that truly do our community justice; and

WHEREAS, The new millennium affords us the opportunity to continue to dare to dream of a nation where liberty and justice for all includes each and every person who has been touched by crime.

NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of Spalding County that the week of April 9 –15, 2000 is hereby proclaimed as

“Spalding County Crime Victims’ Rights Week”

And be it further resolved that our individual and collective efforts reflect the dreams we dare to have of a nation where no crime victim goes unserved, and every crime victim is afforded rights and services, and fair treatment by the justice system and by society.

V. CITIZENS COMMENTS – n/a

VI. PUBLIC COMMENT

1. Mr. Milton Cline gave his address as 1051 Baptist Camp Road and spoke on the issue of the noise at Cherokee Rose Shooting Resort. He said that people shoot shotguns here and he would prefer that they didn’t. He said the Noise Ordinance of the county should protect the citizens of the county first and believes that a large number of the shooters live outside Spalding County. He said that they have meetings to discuss ridding the community of this nuisance. The owners of Cherokee Rose told the residents to insert earplugs and to stay in our homes and we would not hear the noise. They also told us that Mondays and Tuesdays would be a free day from shooting; however, he heard something this afternoon around 3:30 p.m. He invited the commissioners to come to his house on Saturday and Sunday and enjoy the noise. He asked the Board to represent us citizens and help us rid the community of this nuisance. Mr. Cline stated the shooting occurs mainly on Saturday and Sundays.

Chairman Kendall stated that he was going to personally come out there and hear what is going on.

2. Ms. Valaria Moore gave her address as 961 Baptist Camp Road and also spoke on the noise from Cherokee Rose. She said that she lives right across the street from the shooting resort. She said that she and her husband purchased their home in July and moved to this area because they wanted to raise their two year old in a peaceful surrounding with other children. She objected to her small daughter being subjected to this loud noise from 10:00 a.m. until 6:00 p.m. on weekends. She said that this noise is causing her child to get off her routine and causing her to not to want to play in their front yard. She said they were told that the shooting would stop at 6:00 p.m. on Sunday nights but she has heard it until 6:30 p.m. She said that she was concerned about the safety of the children that live on this street.

3. Mr. Tom Dean gave his address as 1250 Teamon Road and also spoke on Cherokee Rose. He said he was here tonight to file another protest against Cherokee Rose. He said that he has owned his property for thirty (30) years and he said it has been bad before but it is atrocious. He said that he couldn’t even stay in his backyard. He said that he was fed up with it already and it has been opened only two (2) weeks. He said at least 10,000 rounds had been shot at the back of his house the first weekend it opened. He said there are at least (4) tournaments lined up this year and they hope to do twelve (12) and with about 400 participants they are going to be shooting around 200,000 rounds at the back of their houses. He said there are going to be some very unhappy tax paying people and the Board needs to do something. He told the Board if they could come out there and listen to the noise and tell him that they could put up with it, and then he would shut his mouth. But until you do I am going to be down here every time you open this door to tell you what I am telling you tonight.

Chairman Kendall addressed Mr. Dean and told him that he did not think there was not anyone on this Board that is not sympathetic to this situation; however, we find ourselves in a classic dilemma because this piece of property is zoned for the use that is being made of it. He said that we cannot do an illegal and unconstitutional taking of property rights by stopping this business. He said we would be sued for doing this. He said that this would be a grievance between the property owners and Cherokee Rose if there was a nuisance being established out there and the recourse the property owners have is to pool your resources and hire an attorney and pursue the legal remedies that the individual and collective homeowners who live around this facility might have.

Ms. Gail Dean gave her address as 1250 Teamon Road and thanked the Board for listening to her husband’s comments. She said that she understood that this is a problem and knows that you can’t have everything like everybody wants. She said, “The people at Cherokee Rose seem very nice but niceness does not help our ears, our piece of mind and our pocketbooks.”

Ms. Tonya Garnett gave her address as 1061 Teamon Road and also spoke on the noise nuisance of Cherokee Rose. She said that she lives across the street from Cherokee Rose and is very, very angry of what she and her mom have to listen to. She said that she feels for Mr. Dean and all the other neighbors and has a petition that she will bring to the next meeting. She said that she nor a lot of the neighbors even knew that there would be any kind of gun range out here. She said that they were outside people and should not be subjected to having to go indoors to get away from the guns and loud noise. She gave a possible solution of having the gun range indoors.

Mr. Dick Morrow gave his address as 263 Westchester Drive and spoke in regards to the approval of UDO-A-00-04, manufactured homes, Special Exception. He asked the Board to reconsider their decision and approve the compatibility review board. He said that it will be very time consuming and expensive to have to go through a Special Exception. He also objected that the amendment does not allow for smaller home less than 1250 SF to also have to have a Special Exception and recommended that the amendment be expanded to allow for this also.

Mr. Horace S. Kelly gave his address as 153 Dunlap Circle and spoke on the Rezoning Application #99-37Z. He asked the Board to be cautious when rezoning property especially automobile dealers because by the Year 2003 you are going to be treating stormwater runoff from garages, etc. and that is going to get expensive for Spalding County. He spoke on Item #3, Old Business regarding county holiday schedule. He said that giving this holiday would cost the taxpayers between $55,000 and $60,000 and also he objected for taxpayers having to pay public servants for more holidays than they are able to get out of their places of employment.

Mr. Ray Browning gave his address as 585 Moore Road. He made comments to UDO-A-00-04. He asked the Board of Commissioners to reconsider voting for approval of this amendment, as he did not think that this decision would be in the best interest of the citizens of Spalding County. He said that citizens should be able to come and do business with the county in a business like manner and not be burdensome with a 90 day process if the property meets the compatibility criteria. He said there should also be a provision in this amendment for site-built homes of equal footing less than 1250 SF minimum.

Mr. Alan McCallum gave his address as 2831 Williamson Road. He said on the February 7^th Commission Meeting he submitted a petition signed by several hundred citizens, numerous area businesses, county agencies and state representatives for intersection improvements at Highway 362/Moreland Road/Rover-Zetella Road and wanted to know the current status. Commissioner Martha McDaniel answered that she had to wait until the legislature session was over and she intends to go and see the Commissioner and honor your request. He also addressed the letter of October 1999 from the previous chairman to the State Patrol requesting that they crack down on numerous traffic violations out on Highway 362 and asked that it be followed up on as well.

Mr. Frank Harris gave his address as 1559 S. Sixth Street Ext and addressed the renumbering of South Sixth Street, which is an item on the agenda. He asked that this item be tabled tonight as the original numbering was done for the county side and find out what Tim Whalen recommends falls into the 911 plans for identification.

Mr. Richard Ingram gave his address as 300 N. Pomona Road. He said that he supported everything said about the loud noise coming from the gun range and also wanted to show his support for the Good Friday holiday for the county employees as he says he thinks it is appropriate to extend the holiday based on a God fearing nation.

VII. MINUTES

1. Consider approval of the minutes of March 20, 2000 Meeting and Joint City/County Meeting of March 23, 2000. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres minutes were unanimously approved by a vote of 4-0.

VIII. CONSENT AGENDA

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Items 1 and 2 on the Consent Agenda were unanimously approved by a vote of 4-0.

1. Consider approval at second reading of Amendment to the Official Zoning Ordinance and Official Zoning Map of the following:

· Amendment to UDO-A-00-05: Article 11, R-5 Single Family Residential, Section 1103—Add provision for Class A manufactured home as a principal use.

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

WHEREAS, the Board of Commissioners of Spalding County, Georgia under the Constitution and Laws of the State of Georgia is empowered by virtue of its police power to regulate the health, safety and welfare of the citizens of Spalding County to provide for and enact zoning and developmental regulations;

WHEREAS, the Board of Commissioners of Spalding County, Georgia enacted the current Zoning Ordinance of Spalding County, Georgia on January 4, 1994 and therein adopted the Official Zoning Map of Spalding County, Georgia, in Article 23, Section 2301, et. seq.;

WHEREAS, the Board of Commissioners of Spalding County has determined that it is in the best interests of the citizens of Spalding County for certain text revisions and amendments to be made to the Zoning Ordinance of Spalding County;

WHEREAS, such text amendments to the Zoning Ordinance of Spalding County were reviewed by the Spalding County Planning Commission, and a hearing on the text amendments to the Zoning Ordinance of Spalding County was conducted by the Board of Commissioners of Spalding County, Georgia on February 24, 2000 pursuant to O.C.G.A. ' 33-66-1, et. seq. in the Spalding County Hearing Room, Room 108, Spalding County Courthouse Annex, 119 East Solomon Street, Griffin, Spalding County, Georgia;

WHEREAS, the Board of Commissioners of Spalding County, Georgia considered the proposed amendment, any and all alternate proposals or amendments, the report of the Spalding County Planning Commission and all data and evidence taken at the public hearing; and

WHEREAS, it is deemed by the Board of Commissioners of Spalding County, Georgia that an amendment to the Zoning Ordinance of Spalding County, Georgia and an amendment to the Official Zoning Map of Spalding County, Georgia is in conformance with the Spalding County Comprehensive Plan and sound comprehensive planning principles and of substantial benefit to the public and in the promotion of the best interests and general welfare of the people;

NOW THEREFORE, IT SHALL BE AND IS HEREBY RESOLVED by the Board of Commissioners of Spalding County, Georgia, that the Zoning Ordinance of Spalding County, Georgia shall be and is hereby amended as follows:

Section 1: The following provision shall be added to the Zoning Ordinance of Spalding County, Article 11, "R-5 Single Family District" to appear as Section 1103(A)(2):

Section 1103: Permitted Uses.

A. The following Principal Uses are permitted in R-5 districts:

2. Site-built, single-family detached dwelling with a heated floor area of less than 1,250 square feet, in compliance with the procedures and standards established in Appendix H, "Spalding County Housing Compatibility Ordinance." Any dwelling within this Section shall also be a "compatibility standards affected conventionally constructed dwelling" as defined in the Spalding County Housing Compatibility Ordinance," Appendix H, Section 203.

Section 2: The following provision shall be added to the Zoning Ordinance of Spalding County, Article 11, "R-5 Single Family District" to appear as Section 1103(A)(3):

Section 1103: Permitted Uses.

A. The following Principal Uses are permitted in R-5 districts:

3. Class A manufactured home, in compliance with the procedures and standards established in Appendix H, "Spalding County Housing Compatibility Ordinance."

Section 4: The foregoing amendments to the Zoning Ordinance of Spalding County shall become effective immediately upon adoption of this resolution.

Section 5: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

2. Consider approval at second reading of Amendment to the Official Zoning Ordinance and Official Zoning Map of the following:

· Rezoning Application 99-35Z: Barbara LaVigne, Owner, 1501 W. Vineyard Road, 0.514 acres, R-2 to R-2A.

IN RE:

APPLICATION OF BARBARA LAVIGNE

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 99-35Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP OF SPALDING COUNTY, GEORGIA

WHEREAS, under the Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia the within described property is currently classified under the zoning classification entitled “R-2, Single Family Residential;”

WHEREAS, Barbara Lavigne, applicant, applied for a change in zoning classification to be applied to the within described property to “R-2A, Single Family and Two Family Residential;”

WHEREAS, such application was filed with Spalding County, Georgia on November 30, 1999;

WHEREAS, such application was reviewed by the Spalding County Planning Commission, and a hearing on the application was conducted by the Board of Commissioners of Spalding County, Georgia on March 23, 2000, pursuant to O.C.G.A. § 33-66-1, et. seq. in the Spalding County Hearing Room, Room 108, Spalding County Courthouse Annex, 119 East Solomon Street, Griffin, Spalding County, Georgia;

NOW THEREFORE, IT SHALL BE AND IS HEREBY RESOLVED by the Board of Commissioners of Spalding County, Georgia, that the Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia shall be and are hereby amended as follows:

Section 1: The Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia designating the boundaries of the several types or classes of zoning districts shall be, and is hereby amended so as to change the zoning classification applicable to the following described property:

All that lot, tract or parcel of land situate, lying and being in Land Lot 27 of the 3^rd Land District originally Henry, now Spalding County, Georgia being designated as Tract “B” a portion of Tract 7 in R. G. Vickery Subdivision containing 0.514 acres and may be more particularly described as follows:

TO FIND THE TRUE POINT OF BEGINNING commence at the intersection of the east right-of-way of Deason Street and the North right-of-way of Vineyard Road; thence running in an easterly direction along the North right-of-way of Vineyard Road a distance of 129.14’ to a ½” re-bar and TRUE POINT OF BEGINNING; thence North 10°03’28” West a distance of 65.02’ to a ½” re-bar; thence North 04°46’58” East a distance of 83.88’ to a ½” re-bar; thence North 01°41’33” West a distance of 264.35’ to a ½” re-bar; thence North 89°18’13” East a distance of 52.70’ to a ½” re-bar; thence South 01°41’33” East a distance of 412.03’ to a ½” re-bar located on the north right-of-way of Vineyard Road; thence South 89°18’35” West along said right-of-way a distance of 52.70’ to a ½” re-bar and POINT OF BEGINNING.

From “R-2, Single Family Residential” to “R-2A, Single Family and Two Family Residential” District.

Section 2:

(a) Pursuant to the requirements of the Zoning Ordinance of Spalding County, Georgia, section 2302 (B), the Official Zoning Map of Spalding County, Georgia shall be amended to reflect the change made hereby to read as follows:

On March 23, 2000, by official action of the Board of Commissioners of Spalding County, Georgia the following change was made in the Official Zoning Map, Spalding County: All that tract or parcel of land situate lying and being in Land Lot 27 of the Third Land District of originally Henry, now Spalding County, Georgia, consisting of approximately 0.514 acres, zoned R-2A.

(b) The Chairman of the Board of Commissioners of Spalding County, Georgia is directed and authorized to execute such notice of the amendment of the Official Zoning Map of Spalding County, Georgia.

(c) The Zoning Administrator is authorized and directed to enter such notice of the amendment of the Official Zoning Map of Spalding County, GA thereon.

Section 3: The foregoing amendment of the Zoning Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.

Section 4: All Ordinances or resolutions in conflict herewith shall be and are hereby repealed.

· Rezoning Application 99-37Z: Alan M. Reeves, Owner, Lisa R. Roberts, Agent, North Expressway, 0.57 acres, C-1 to C-1B.

IN RE:

APPLICATION OF ALAN M. REEVES

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 99-37Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP OF SPALDING COUNTY, GEORGIA

WHEREAS, Alan M. Reeves, applicant, applied for a change in zoning classification to be applied to the within described property to “C-1B, Heavy Commercial;”

WHEREAS, such application was filed with Spalding County, Georgia on December 1, 1999;

WHEREAS, such application was reviewed by the Spalding County Planning Commission, and a hearing on the application was conducted by the Board of Commissioners of Spalding County, Georgia on March 23, 2000 pursuant to O.C.G.A. § 33-66-1, et. seq. in the Spalding County Hearing Room, Room 108, Spalding County Courthouse Annex, 119 East Solomon Street, Griffin, Spalding County, Georgia;

All that lot, tract, or parcel of land situate, lying and being in Land Lot 100 of the Third Land District of originally Henry, now Spalding County, Georgia, being more particularly shown and designated as Tract “C”, containing 0.57 acres as shown on a plat of survey entitled, “Property Survey for James W. Goolsby, Jr.”, prepared by Conkle-Lane Associates, Inc., dated November 23, 1977, revised November 14, 1984, recorded in Plat Book 15, page 380, Spalding County Superior Court records, which said plat is incorporated herein and made a part of this legal description.

From “C-1, Highway Commercial” to “C-1B, Heavy Commercial” District.

Section 2:

On March 23, 2000, by official action of the Board of Commissioners of Spalding County, Georgia the following change was made in the Official Zoning Map, Spalding County: All that tract or parcel of land situate lying and being in Land Lot 100 of the Third Land District of originally Henry, now Spalding County, Georgia, consisting of approximately 0.57 acres, zoned C-1B.

(b) The Chairman of the Board of Commissioners of Spalding County, Georgia is directed and authorized to execute such notice of the amendment of the Official Zoning Map of Spalding County, Georgia.

(c) The Zoning Administrator is authorized and directed to enter such notice of the amendment of the Official Zoning Map of Spalding County, GA thereon.

Section 3: The foregoing amendment of the Zoning Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.

Section 4: All Ordinances or resolutions in conflict herewith shall be and are hereby repealed.

· Rezoning Application 00-01Z: C. Richard Morrow, Owner, Lot 6 High Falls Road, 0.458 acres, C-1 to C-1C.

· Rezoning Application 00-02Z: C. Richard Morrow, Owner, Lot 7 High Falls Road, 0.458 acres, C-1 to C-1C.

· Rezoning Application 00-03Z: C. Richard Morrow, Owner, Lot 10 High Falls Road, 0.458 acres, C-1 to C-1C.

· Rezoning Application 00-04Z: C. Richard Morrow, Owner, Lot 11 High Falls Road, 0.456 acres, C-1 to C-1C.

IN RE:

APPLICATION OF C. RICHARD MORROW

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATIONS 00-01Z, 00-02Z, 00-03Z, and 00-04Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP OF SPALDING COUNTY, GEORGIA

WHEREAS, C. Richard Morrow, applicant, applied for a change in zoning classification to be applied to the within described property to “C-1C, Manufacturing-Light;”

WHEREAS, such applications were filed with Spalding County, Georgia on January 18, 2000;

WHEREAS, such applications were reviewed by the Spalding County Planning Commission, and a hearing on the application was conducted by the Board of Commissioners of Spalding County, Georgia on March 23, 2000 pursuant to O.C.G.A. § 33-66-1, et. seq. in the Spalding County Hearing Room, Room 108, Spalding County Courthouse Annex, 119 East Solomon Street, Griffin, Spalding County, Georgia;

00-01Z

All that lot, tract or parcel of land situate, lying and being in Land Lot 210 of the Second Land District of originally Monroe, now Spalding County, Georgia, and being more particularly described as follows:

TO REACH THE TRUE POINT OF BEGINNING, BEGIN at the intersection of the southern margin of the right of way of High Falls Road where it intersects the Eastern margin of the right of way of Newton Road and run thence South 85 degrees 8 minutes 35 seconds East, 993.36 feet to an iron stake which marks the True Point of Beginning of this description; thence South 0 degrees 14 minutes West 200 feet to a point; thence south 85 degrees 8 minutes 35 seconds East 100 feet to a point; thence North 0 degrees 14 minutes East 200 feet to a point on the Southern right of way of High Falls Road; thence north 85 degrees 8 minutes 35 seconds West, 100 feet to the True Point of Beginning of this description.

The above described property is known as Lot 6 on a plat of survey prepared for Louis W. Goldstein by Kenneth E. Presley, dated May 29, 1972, finally revised June 10, 1974.

00-02Z

TO REACH THE TRUE POINT OF BEGINNING, BEGIN at the intersection of the southern margin of the right of way of High Falls Road where it intersects the Eastern margin of the right of way of Newton Road and run thence South 85 degrees 8 minutes 35 seconds East, 1093.36 feet to an iron stake which marks the True Point of Beginning of this description; thence South 0 degrees 14 minutes West 200 feet to a point; thence south 85 degrees 8 minutes 35 seconds East 100 feet to a point; thence North 0 degrees 14 minutes East 200 feet to a point on the Southern right of way of High Falls Road; thence north 85 degrees 8 minutes 35 seconds West, 100 feet to the True Point of Beginning of this description.

The above described property is known as Lot 7 on a plat of survey prepared for Louis W. Goldstein by Kenneth E. Presley, dated May 29, 1972, finally revised June 10, 1974.

00-03Z

TO REACH THE TRUE POINT OF BEGINNING, BEGIN at the intersection of the southern margin of the right of way of High Falls Road where it intersects the Eastern margin of the right of way of Newton Road and run thence South 85 degrees 8 minutes 35 seconds East, 1393.36 feet to an iron stake which marks the True Point of Beginning of this description; thence South 0 degrees 14 minutes West 200 feet to a point; thence south 85 degrees 8 minutes 35 seconds East 100 feet to a point; thence North 0 degrees 14 minutes East 200 feet to a point on the Southern right of way of High Falls Road; thence north 85 degrees 8 minutes 35 seconds West, 100 feet to the True Point of Beginning of this description.

The above described property is known as Lot 10 on a plat of survey prepared for Louis W. Goldstein by Kenneth E. Presley, dated May 29, 1972, finally revised June 10, 1974.

00-04Z

TO REACH THE TRUE POINT OF BEGINNING, BEGIN at the intersection of the southern margin of the right of way of High Falls road where it intersects the Eastern margin of the right of way of Newton Road and run thence South 85 degrees 8 minutes 35 seconds East, 1493.36 feet to an iron stake which marks the True Point of Beginning of this description; thence South 0 degrees 14 minutes West 200 feet to a point; thence south 85 degrees 8 minutes 35 seconds East 100 feet to a point; thence North 0 degrees 14 minutes East 200 feet to a point on the Southern right of way of High Falls Road; thence north 85 degrees 8 minutes 35 seconds West, 100 feet to the True Point of Beginning of this description.

The above described property is known as Lot 11 on a plat of survey prepared for Louis W. Goldstein by Kenneth E. Presley, dated May 29, 1972, finally revised June 10, 1974.

From “C-1, Highway Commercial” District to “C-1C, Manufacturing-Light” District.

Section 2: Pursuant to the authority granted to it by virtue of the Zoning Ordinance of Spalding County, Georgia, Section 414 (L) and upon a determination by the Board of Commissioners of Spalding County, Georgia that application of certain conditions on the amendment benefit the public and promote the best interests of the general welfare of the people, the following conditions shall be imposed upon the amendment to the Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia, as follows:

a. Public garages and repair garages are prohibited.

Section 3: (a) Pursuant to the requirements of the Zoning Ordinance of Spalding County, Georgia, section 2302 (B), the Official Zoning Map of Spalding County, Georgia shall be amended to reflect the change made hereby to read as follows:

On March 23, 2000, by official action of the Board of Commissioners of Spalding County, Georgia the following change was made in the Official Zoning Map, Spalding County: All those tracts or parcels of land situate lying and being in Land Lot 210 of the 2^nd Land District of original Monroe, now Spalding County, Georgia, consisting of approximately 1.83± acres, zoned C-1C, Conditional.

(b) The Chairman of the Board of Commissioners of Spalding County, Georgia is directed and authorized to execute such notice of the amendment of the Official Zoning Map of Spalding County, Georgia.

(c) The Zoning Administrator is authorized and directed to enter such notice of the amendment of the Official Zoning Map of Spalding County, GA thereon.

Section 4: The foregoing amendment of the Zoning Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.

Section 5: All Ordinances or resolutions in conflict herewith shall be and are hereby repealed.

· Rezoning Application 00-05Z: Pilkenton-Murray, LLC, Owner, Rendley Norris, Agent, Moreland Road, 37.29 acres, AR-1 to C-2.

IN RE:

APPLICATION OF RENDLEY NORRIS AND PILKENTON-MURRAY, LLC

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 00-05Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP OF SPALDING COUNTY, GEORGIA

WHEREAS, Rendley Norris and Pilkenton-Murray, LLC, applicants, applied for a change in zoning classification to be applied to the within described property to “C-2, Manufacturing;”

WHEREAS, such application was filed with Spalding County, Georgia on January 27, 2000;

WHEREAS, such application was reviewed by the Spalding County Planning Commission, and a hearing on the application was conducted by the Board of Commissioners of Spalding County, Georgia on March 23, 2000 pursuant to O.C.G.A. § 33-66-1, et. seq. in the Spalding County Hearing Room, Room 108, Spalding County Courthouse Annex, 119 East Solomon Street, Griffin, Spalding County, Georgia;

All that tract or parcel of land lying and being in Land Lot 105 of the 2^nd District of Monroe County, now Spalding County, and being more particularly described as follows:

BEGINNING at a point located on the Southern right-of-way of Moreland Road (100 foot right-of-way) which point is located 1,447.26 feet Easterly as measured along the Southern right-of-way of Moreland Road from its intersection with the Eastern right-of-way of Carver Road; run thence South 89 degrees 52 minutes 53 seconds East along the Southern right-of-way of Moreland Road a distance of 250.59 feet to a point; run thence South 05 degrees 04 minutes 20 seconds West a distance of 577.78 feet to a point; run thence South 00 degrees 06 minutes 28 seconds West a distance of 766.73 feet to a point; run thence South 89 degrees 41 minutes 49 seconds East a distance of 425.70 feet to a point; run thence South 89 degrees 41 minutes 40 seconds East a distance of 812.72 feet to a point located on the Eastern Land Lot Line of Land Lot 105; run thence South 53 degrees 13 minutes 40 seconds West a distance of 1,192.20 feet to a point; run thence South 53 degrees 13 minutes 20 seconds West a distance of 1,005.17 feet to a point (which point is believed to be located on the Southern Land Lot Line of Land Lot 105); run thence North 02 degrees 19 minutes 15 seconds West a distance of 83.13 feet to a point; run thence North 00 degrees 41 minutes 09 seconds East a distance of 156.72 feet to a point; run thence North 27 degrees 06 minutes 04 seconds West a distance of 437.55 feet to a point; run thence North 01 degree 01 minutes 52 seconds East a distance of 696.24 feet to a point; run thence South 89 degrees 56 minutes 20 seconds East a distance of 199.34 feet to a point; run thence South 89 degrees 40 minutes 55 seconds East a distance of 100.0 feet to a point; run thence South 89 degrees 39 minutes 15 seconds East a distance of 57.02 feet to a point; run thence South 89 degrees 37 minutes 30 seconds East a distance of 153.61 feet to a point; run thence North 00 degrees 04 minutes 59 seconds East a distance of 1,341.57 feet to the point of beginning. Being a tract of land containing 37.29 acres of land as described in that certain survey by Conkle-Land & Associates for John T. Bolton, dated September 22, 1997, revised October 28, 1997, revised January 17, 2000.

From “AR-1, Agricultural and Residential” District to “C-2, Manufacturing” District.

b. All development will be in compliance with the applicable development standards.

c. Development is not permitted for the following uses:

Section 1503(A)

24. Textile manufacturing plant

25. Baking establishment

27. Truck terminal