PUBLIC HEARING

A public hearing was held by the Spalding County Board of Commissioners in their office in the Courthouse Annex, Thursday, May 25, 2000 beginning at 6:00 o’clock p.m. with Commissioners, Michael Kendall, Martha McDaniel, Merrill Massengale, Johnie McDaniel and Earle Childres present. Also present were County Manager Mike Ruffin, County Planner Nancy Moon, Zoning Attorney Newton Galloway and Executive Secretary Phyllis Doane.

A M E N D E D A G E N D A

1. Call to order – Chairman Kendall

2. Text Amendments, Special Exceptions and Rezoning Requests:

Application #00-32S: Charles C. and Dorothy L. Rucks, Owners – American Tower L.P., Agent – 62.84 acres on Newnan Highway, located in Land Lot(s) 24 & 25 of the 1^st Land District – requesting a Special Exception to allow a broadcast and telecommunications tower in the AR-1 District. County Manager Ruffin commented that this application needs to be tabled, as it has not been heard as a continuance before the Board of Zoning Appeals. Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel Application #00-32S was tabled by a unanimous vote of 5-0.

Amendment to UDO #A-00-09: Zoning Districts – provision for allowance of a church.

There was no one signed up to speak for or against this application.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres amendment to UDO-A-00-09 was unanimously approved by a vote of 5-0. The Resolution will be incorporated into the minutes on second and final reading.

Amendment to UDO #A-00-10: Article 2. Definitions of Terms Used – Section 202:R’ – amend definition of campground, religious for allowance of a church.

Rev. Swayne Poole gave his address as 201 Brown Acres Road and stated he is the Director of The Flint River Baptist Association, which consists of 56 churches, 26 of which are in Spalding County. He spoke in favor of this amendment as part of the Association ministry is establishing new churches at the campground and they have regularly scheduled religious services. If the definition is not changed they will be unable to help new churches get started.

Mr. Robert Morgan, Mayor of Orchard Hill spoke against this amendment. He said that he was representing the citizens of Orchard Hill. He asked that this amendment not be passed out of any disrespect for Rev. Poole. He said that he had nothing against missions starting up churches. He had been asked to leave the amendment as it was before. Chairman Kendall stated that this would open the door for New Era on Green Valley Road to start having regular services and cause the problems that were out there before.

After much discussion regarding the difference between the religious services held at the Baptist Campground, which are in the Chapel and the outdoor services held by New Era, motion was made by Commissioner Martha McDaniel to table UDO-A-00-10 and send back to Planning & Zoning Board for a better definition of religious campgrounds, indoor vs outdoor services to address the needs of both groups. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

Application #00-25S: Trustees of the North Griffin Congregational Holiness Church, Owners – Joe Bramlett, Agent – 106 LaPrade Road – requesting a Special Exception to expand a church in the R-1 District. Mr. Joe Bramlett gave his address at 475 N. Rover Road, Williamson, GA. He said they are requesting this to add a new addition and switch from one sanctuary to the new proposed sanctuary.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Application #00-25S was unanimously approved by a vote of 5-0.

Application #00-24S: Troy & Susan Duffey, Owners – 2.8 acres on Lot 5 North Walkers Mill Road, located in Land Lot(s) 116 & 141 of the 2^nd Land District – requesting a Special Exception to allow a Class A Manufactured Home in the AR-1 District. Ms. Susan Duffey gave her address as 91 Spring Circle, Senoia, GA. She said that they purchased this property with the intention of placing a manufactured home there. She said out of 64 lots, at least 41 are manufactured homes, 13 site-built homes and 10 not visible from the road. She said the set back will be 430 ft. from the road and they do not intend to cut down the trees on the front of the lot. The home will be a year 2000 model and has an appealing appearance.

Mr. Walter Pierce, no address given, spoke in favor of this application. He said that he owns the lot right across the road and he has no objections with what they plan to do.

Staff report recommends approval.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel Application #00-24S was unanimously approved by a vote of 5-0.

Application #00-28S: Sue M. Poston, Owner – Buddy’s Homes, Agent – 862 Wallace Road – requesting a Special Exception to allow a Class A Manufactured Home in the AR-1 District. Mr. Kevin Drury of Buddy’s Mobile Homes gave his business address as 1512 Highway 19 North, Thomaston and spoke in behalf of Sue Poston. He said that the Poston’s have been living in a single section mobile home for 13 years and they want to upgrade to a multi-section home. He said that there is a 50-50 mix in this area.

Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel Application #00-28S was unanimously approved by a vote of 5-0.

Application #00-29S: Richard David Hunt, Sr., Owner – 122 Ginny Lane – requesting a Special Exception to allow a Class A Manufactured Home in the AR-1 District. Mr. Richard Hunt gave his address as 122 Ginny Lane and spoke in favor of his application. He said they wanted to replace the existing manufactured home with a Class A home.

Upon motion by Commissioner Massengale, seconded by Commissioner Childres Application #00-29S was unanimously approved by a vote of 5-0.

Application #00-13Z: Stephen Bailey, Owner – Doug Coker, Agent – 20.221 acres on Tomochichi Road, located in Land Lot 23 of the 2^nd Land District – requesting a rezoning from AR-1, Agricultural and Residential, to R-2, Single Family Residential.

Application #00-13AZ: Stephen Bailey, Owner – Doug Coker, Agent – 11.215 acres on Tomochichi Road, located in Land Lot 23 of the 2^nd Land District – requesting a rezoning from AR-1, Agricultural and Residential, to R-2, Single Family Residential.

Application #00-14Z: David J. Bailey, Owner – Doug Coker, Agent – 18.713 acres on Tomochichi Road, located in Land Lot 23 of the 2^nd Land District – requesting a rezoning from AR-1, Agricultural and Residential, to R-2, Single Family Residential.

Application #00-14AZ: David J. Bailey, Owner – Doug Coker, Agent – 12.683 acres on Tomochichi Road, located in Land Lot 23 of the 2^nd Land District – requesting a rezoning from AR-1, Agricultural and Residential, to R-2, Single Family Residential.

Application #00-15Z: Virginia B. Stewart, Owner – Doug Coker, Agent – 21.598 acres on Tomochichi Road, located in Land Lot 23 of the 2^nd Land District – requesting a rezoning from AR-1, Agricultural and Residential, to R-2, Single Family Residential.

Application #00-15AZ: Virginia B. Stewart, Owner – Doug Coker, Agent – 9.793 acres on Tomochichi Road, located in Land Lot 23 of the 2^nd Land District – requesting a rezoning from AR-1, Agricultural and Residential, to R-2, Single Family Residential.

County Manager Ruffin stated that the above applications could be heard as one but separate votes will be needed on each application.

Mr. Dick Mullins gave his address as 676 Brook Circle and spoke in behalf of the owners of these pieces of property. He said that he was representing Mr. Doug Coker from Henry County, who has a contract to purchase this property. He said the homes built would be a minimum sq. ft. of 1250 heated space, roof pitch of 5:12, 50 ft. set back with front yards fully sodded, paved driveways, roads curb and gutter, double garages with garage doors. The minimum cost of the houses would be $99,000 and this is nice affordable housing for the citizens of Spalding County. He said that the first 500 feet of the property planned for the subdivision is already zoned R-2. There is a total acreage of 94.223.

The following spoke against these applications:

Mr. Todd Barnes gave his address as 1320 Bailey Jester Road and addressed his concerns, which were density, Jackson Road School impact, environmental use, erosion, natural sound barriers, septic systems, commuters for a 1250 sq. ft. homes. He said that he was not opposed to development but the majority of the area is zoned AR-1 and would prefer to see larger houses on larger plots.

Commissioner Johnie McDaniel had concerns with some of these lots being pie shaped lots and Commissioner Martha McDaniel had concerns about the contour lines of lots being so close together and the problem of stormwater runoff.

Mr. Cary Scott gave his address as 1330 Bailey Jester Road and said that he agrees with everything Mr. Barnes said. He said that his property abuts up to this property also. He said that he commutes to Macon and would not commute to Macon for a starter home. He said that this is a country atmosphere and would like to see larger homes on larger lots.

Staff and Planning & Zoning Board recommended approval.

Commissioner Childres had asked if Mr. Coker would be willing to increase the square footage of the homes. Mr. Mullins discussed this with Mr. Coker and he feels that he has to commit to a R-2 zoning. Commissioner Massengale asked Mr. Coker if he would raise the square footage to 1400 and he answered no because the most marketable property is 1250 sq. ft. homes. He said that that would be a huge gamble.

Upon motion by Commissioner Massengale, seconded by Commissioner Martha McDaniel Application #00-13Z was denied by a vote of 3-2 with Commissioners Johnie McDaniel and Kendall voting against the motion to deny.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Application #00-13AZ was denied by a vote of 3-2 with Commissioners Johnie McDaniel and Kendall voting against the motion to deny.

Upon motion by Commissioner Childres, seconded by Commissioner Massengale Application #00-14Z was denied by a vote of 3-2 with Commissioners Johnie McDaniel and Kendall voting against the motion to deny.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale Application #00-15Z was denied by a vote of 3-2 with Commissioners Johnie McDaniel and Kendall voting against the motion to deny.

Upon motion by Commissioner Massengale, seconded by Commissioner Childres Application #00-15AZ was denied by a vote of 3-2 with Commissioners Johnie McDaniel and Kendall voting against the motion to deny.

Application #00-18Z: Patsy Tucker and Michael E. Spear, Owners – 1705 Pineview Road – requesting a rezoning from R-2, Single Family Residential, to R-2A, Single Family and Two Family Residential.

There was no one signed up to speak for or against this application.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Application #00-18Z was denied by a vote of 4-1 with Commissioner Kendall voting against the motion to deny.

Motion made by Commissioner Martha McDaniel, seconded by Commissioner Childres to have a five (5) minute recess. Motion passed.

Chairman Kendall called the meeting back to order.

Application #00-19Z: Blanca E. and Gerardo Santos, Owners – 1317 Trestle Road – requesting a rezoning from R-2, Single Family Residential, to R-2A, Single Family and Two Family Residential.

Mr. Gerardo Santos gave his address as 5291 Old Atlanta Road, Hampton, GA and spoke in favor of his application. He said that they purchased this land September 1977 and at that time mobile homes were allowed. He said in January 1998 they received a letter that they needed to rezone to place a manufactured home on this property. He said there were already mobile homes in this neighborhood and do not consider this to be an impact on the area.

Those speaking against the application were:

Mr. & Mrs. Sam Strickland gave their address as 1160 Trestle Road and stated they were against the rezoning. Mrs. Strickland said they had concerns about the vacant land in the area on the other end of Trestle Road. She said they were concerned about this particular piece of property because there are abandoned vehicles on this property. She said they have been there at least one (1) year. She had photographs of these vehicles that she submitted to the Board. She said there are stick-built homes within the parameter of where the manufactured homes are within a one-half mile radius. She said that they want to upgrade the neighborhood rather than having manufactured housing.

Ms. Connie Archeletta gave her address as 1363 Trestle Road and spoke against the rezoning. She said they were trying to encourage nicer homes to the area and trying to upgrade the area.

Commissioner Martha McDaniel questioned Mr. Santos about the abandoned vehicles on his property and what he intended to do with them. He was told he was in violation of the Spalding County Code.

Nancy Moon, County Planner was asked about their purchasing the property before the ordinance was changed. She said that they were not notified specifically but it was advertised property in the paper by the Planning Commission and also the Board of Commissioners; however, they did not grandfather themselves in. He did receive a notice but never reacted to it.

Upon motion by Commissioner Massengale, seconded by Commissioner Childres, Application #00-19Z was denied by a vote of 4-1 with Commissioner Kendall voting against the motion to deny.

Application #00-33S: Soman Chainani 1997 Trust, Owner – Leroy S. and Susie G. Shadix, Agent – Lot 6 Edgewater Drive (Crystal Lake Subdivision), located in Land Lot 230 of the 3^rd Land District – requesting a Special Exception to allow a Class A Manufactured Home in the AR-1 District.

Applicants were not present to speak for their application.

Mr. Keith Fort was signed up to speak against this application. Mr. Fort gave his address as 75 Edgewater Drive and stated he was speaking on behalf of all the homeowners in this area. He said there were eight (8) stick-built homes and one (1) mobile home in this area. He said to allow this mobile home would only open the doors for more and the residents were afraid of their property decreasing in value.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Application #00-33S was denied by a unanimous vote of 5-0.

Application #00-30S: Carl D. and Gina Wise, Owners – GeoTrans Wireless, Agent – 1095 West Williamson Road – requesting a Special Exception to allow a telecommunications tower in the AR-1 District.

Zoning Attorney Newton Galloway addressed the Board briefly before hearing this application. He said that he had made an analysis of Spalding County Tower Ordinance compared to other jurisdictions. He said this ordinance is very comparable to the ordinances of other surrounding counties. He said that we are stricter than most because we do not allow any administratively as a matter of right except on public property. He said there is no ordinance that excludes agricultural zones and none of the county ordinances restrict towers expressly from residential zones. There is no ordinance that requires multiple users to be signed up for a tower prior to its approval. He explained to the Board the provisions of what you can’t regulate under the Federal Communications Act of 1996. He gave the Board a summary of eight (8) cases, four (4) of which the application was denied, appealed up and ultimately the denial was overturned and four (4) cases in which the application was denied, appealed up and the denial was affirmed. He said this shows that the Appellant Court looks at these applications case by case. These appeals go to the Federal District Court, not the Superior Court.

Mr. Allen Richardson, GeoTrans Wireless gave his address as 1080 Holcomb Bridge Road, Building 100, Suite 175, Roswell, GA. He said that Nextel is requesting to construct and operate a telecommunication tower in southwest Spalding County. He said the property is approximately 24 acres and is used as a horse farm. This will be a 150 ft. unlit monopole tower with a minimum of three (3) carriers with Nextel being the anchor tenant. This tower is needed to provide coverage to this area along Route 16 and Highway 362. He said that this application meets all the goals of the ordinance. This tower is necessary to build-out the NEXTEL system in Spalding County.

There was no one else signed up to speak for or against this application.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Application #00-30S was unanimously approved by a vote of 5-0.

Application #00-31S: Robert Wallace Kingsbury, III, Owner – GeoTrans Wireless, Agent – 90 Pine Lake Road – requesting a Special Exception to allow a telecommunications tower in the AR-1 District. Mr. Allen Richardson addressed this application also. Nextel Communications is requesting to construct and operate a tower in northwest Spalding County, site named “Handtown”. He said this property is approximately 51 acres with a combination of woods and small fields. This will be a 250 ft. self supporting communications tower designed for a minimum of four (4) carriers with Nextel as the anchor tenant. The telecommunications facility only requires a 100 ft. by 100 ft. leased area. By requesting the higher height we can reduce the total number of towers and make the tower suitable for more collocation opportunities, which is in line with the goals of the ordinance. The objective of this site is to expand portable coverage Southeast of Senoia and along Route 16 and Route 85C. He explained why it would not be feasible to go on the existing towers in this area. This tower is necessary to build-out the NEXTEL system in Spalding County.

Those signed up to speak against were as follows:

Mr. Andy Cash gave his address as 85 Pasha Drive, Brooks, GA. He said that his house is located approximately 700 ft. from the proposed tower site. He said the main concern is that most of the coverage from this tower will be in two other counties, Coweta and Fayette counties. He said they are trying to get into Fayette County and Fayette County is fairly restrictive on their towers. This tower will be only 50 ft. from the county line. He feels like that they can be accommodated on either of the other two (2) existing towers in this area. He said that the Ruck’s Dairy tower is only three (3) miles from the county line. He said that there is some commercial property at Highway 16 and 85 Connector across from Huckaby’s store and this was mentioned to NEXTEL at a meeting. He said that he hopes that the Commissioners can see this as not an asset to our community.

Ms. Patricia Doster gave her address as 174 Lynch Road, Fayette County. She said that her property goes to the Spalding/Fayette County Line and this tower will be 50 ft. from her property. She said that Mr. Kingsbury owns a huge field and instead of putting it close to his house, he is putting it on top of all of them. She said she was not completely against the tower but questioned the location of the tower.

Chairman Kendall questioned Mr. Richardson about the location of the tower. Mr. Richardson explained that the location of the tower is based upon elevation, the highest point of the property where you can get the greatest coverage. Mr. Kendall asked what was the nature of the field. At one time it was a pasture and now it has small pine trees.

Mr. John Setzer gave his address as 423 Mask Road, Brooks, GA. Mr. Setzer stated he had made some topographic maps, which he presented to the Board. He said that Mr. Richardson had made the statement that this property had better elevation than the Digby property and according to these maps the elevation on the proposed property site is 820 ft. and the one at the commercial property at Huckaby’s is 793 ft. and he questioned how much investigation had been carried on by the tower company. He said that he knew that there were a couple of ridges in this field where the elevation is higher than the proposed site. He said this proposed tower along with the other two (2) towers would be within three (3) miles of each other and he just didn’t believe that coverage would not be overlapping with each other. He said this tower would hurt people aesthetically and monetarily. He asked the Board to either deny this request or give it further consideration. He said the residents feel that this is a deliberate effort to get coverage into Fayette County. He said that he would like the opportunity to check further into this as he had found some discrepancies in the arguments they have presented.

Mr. James A. Pace gave his address as 55 Pasha Drive, Brooks, GA stated that he moved to Spalding County fifteen (15) years ago and searched for property where he wanted to live and spent a great deal of money for his house and just wanted to go on record that he was opposed to this tower in this area. He said the tower would be 1,000 ft. from his property.

Mr. Arlie Baty gave his address as 75 Pasha Drive, Brooks, GA and agreed with everything that had been said here tonight. He said the tower business is competitive business and asked the Board not to change the zoning.

Ms. Julie Cash gave her address as 85 Pasha Drive, Brooks, GA and stated their property abuts up to the Kingsbury property. She said that Mr. Richardson stated at the request of the residents he had checked out the commercial site located at Brooks Road and Highway 16 as an alternative site; however, that was incorrect as they had asked him to check into a site at 85 Connector and Highway 16 (Huckaby’s Store). She said the research done by Mr. Setzer on this site was comparable to the “Handtown” site. She said that she feels like Spalding County should maximize their towers as Fayette County requires to keep from having so many towers throughout the county. She said technology is changing rapidly and cell phones will soon be connected to satellites and towers will be obsolete. She said that the prime spot for towers is commercial, which Fayette County approves administratively. She asked the Board to look into placing the tower at 85 Connector and Highway 16 where commercial land is for sale.

Mr. E. M. Barclay, engineer for NEXTEL Communications gave his address as 6575 The Corners Parkway, Norcross, GA. He answered questions about collocating on existing towers and the maximum effective range of coverage. He said there was no simple answer to range of coverage as you have to look at all the factors, such as elevation, topography, type of seasons, all the buildings in the area and traffic data on the cell phones and all the complaints from customers that call in complaining about losing signals. He said they look at all the existing towers first to see if the objectives can be met because it is cheaper for them to go on an existing tower and second they look at the existing buildings. He said that limitation of frequencies also has to be considered. He said with the terrain in Spalding County radius coverage will probably be for only three (3) miles.

Chairman Kendall asked Mr. Barclay would it be feasible to move the tower to another point on this tract. He said generally they have to work with the property owners in order to get on to the site and also they have to work to meet the setbacks in the ordinance. He said if they moved the tower down it would take away the buffer of the trees.

Motion made by Commissioner Johnie McDaniel to approve Application #00-31S. Commissioner Kendall seconded the motion for discussion.

Mr. Kendall stated that he was not familiar with this site but it seems to him that it would look a little better if it was sitting back in the field somewhere away from everybody’s house. Mr. Richardson commented that they would be happy to look into moving the tower further down if the Board would defer action tonight.

Commissioner Johnie McDaniel withdrew his motion to approve as well as Commissioner Kendall his second.

Motion made by Commissioner Childres to table Application #00-31S to Thursday, June 22, 2000 to give GeoTrans a chance to investigate moving this tower down. Commissioner Johnie McDaniel seconded the motion and motion was unanimously approved by a 5-0.

Chairman Kendall called for a five (5) minute recess.

Chairman Kendall called the meeting back to order.

Application #00-17Z: John S. Crowley, Owner – Georgia Land Development, Agent – 48 acres on South McDonough Road, located in Land Lots 11 & 12 of the 3^rd Land District – requesting a rezoning from AR-1, Agricultural and Residential, to R-2, Single Family Residential.

Mr. Bill Lemmons, Georgia Land Development Corporation, gave his address as 32 Jonesboro Street, McDonough, Ga. He said he was present to present an upscale subdivision for approval. He said that the corporation has entered into a contract with Mr. John Crowley contingent upon this rezoning. He said that Mr. Crowley lives on this property and will continue to live there. He said after speaking with some of the commissioners they have changed their proposal. The entrance will be lit and there will be an accel and decel lane at the entrance. All front yards will be sodded with ample pine straw areas. Each house will have a brick or stone accent on them to add to the curb appeal. The square footage will be 1400 SF for 50% and 1500 SF for the other 50%. There will be sidewalks in the subdivision put in by the builder when the driveway is put in. There will be underground utilities and streetlights. There will also be green space dedicated for a playground, picnic area and walking trail. The price of the homes will be $120,000 and up. Sewer has been approved by the City of Griffin. He said that they feel with all these amenities that the subdivision would hold its value and not be just another cookie cutter subdivision that would lose its value as years go by.

Ms. Christy Crowley gave her address as 1213 S. McDonough Road and stated she was in favor of this subdivision. She said that she feels that this will be a great enhancement for the neighborhood.

Those speaking against the rezoning application were:

Mr. Robert Edwards gave his address as 1599 Rehoboth Road and stated his property abuts the Crowley property. He said that this subdivision will be not be harmonious with the neighborhood as this is rural country and has wildlife habitat. He addressed his concerns which one of them was Rehoboth Road which is the Caterpillar employee entrance and exit. There will be additional traffic of 420 cars. These 70 homes will add an additional 95 cars on McDonough Road which is very curvy and narrow. He said this would create more advanced traffic control. He had concerns about Lot Nos. 1-14 and the drainage as he said there are wetlands on this property. He said that this looks like a crowded project in a rural background.

Mr. Bobby Puerifoy gave his address as 917 S. McDonough Road and stated he was speaking for himself and for Frances Puerifoy also, who lives at 1454 Rehoboth Road and Mike Ellis, who lives at 1200 S. McDonough Road. He said both of these have property right across from this proposed subdivision. He said that the main objection is that these lots back up on Buck Creek. He said that this is a flood plain and that wetlands are also on this property that runs into Buck Creek. He addressed environmental concerns of the run-off coming off this property going into Buck Creek. He addressed concerns of traffic congestion and also the deadly S curves on S. McDonough Road. He said that this is a country setting and requested denial of this rezoning application.

Mr. Frank Wilson gave his address as 1004 S. McDonough Road and stated he had the same concerns as the other two (2) speakers. He said this subdivision is not suitable for this area.

Mr. Lemmons addressed all the concerns of the speakers and stated for a fact that this property is not in a flood plain and there are no wetlands on this property. He said retention ponds would be put where needed and set up pine straw and silkscreen until the grass to come and fill in. He said as far as traffic they have added an accel and decel lane to help the cars get in and out of the traffic.

Motion made by Commissioner Martha McDaniel to approve Application #00-17Z with the following conditions and that entire Declaration of Protective Covenants is made part of the record. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

The Resolution will be incorporated into the minutes on second and final reading.

Street Lights and Entrances: Upon the sale of 50% of the homes in the Subdivision, homeowners agree and shall become responsible for expense of streetlights and maintenance of entry to said subdivision.

Front Entrance: Front entrance shall be completed upon final plat of subdivision. There will be an accel and decel lane at the entrance for easy access.

Sod: All front yards shall be sodded to the front corner of each house with ample pine straw islands.

Home Requirements: Each house to have brick or stone accent to add to the curb appeal. Square Footage of homes will be 1,400 sq. ft. for 50% of the homes and 1,500 sq. ft. for 50% of the homes.

Sidewalks: Each home to have sidewalks along streets to be provided by each builder as he or she pours each driveway.

Utilities: The subdivision will have underground utilities with streetlights. The street lights to be maintained by the homeowners upon 50% completion of the subdivision. Prior to 50% completion, the developer will pay for streetlights.

Green Space: Green space will have a right of way for entrance between Lots 20 and 21 with a footbridge if necessary for entrance to playground and picnic area and walking trail.

Application #00-16Z: Colwell-Turner Land Company, Colwell-Turner Land Development, LLC and Watts & Colwell Builders, Inc., Owners – Reese Builders & Developers, Agent – 91.76 acres, more or less, on Highway 362, located in Land Lots 23 & 24 of the 2^nd Land District – requesting a rezoning from AR-1, Agricultural and Residential, to R-2, Single Family Residential.

Mr. Tom Reese, President of Reese Builders & Developers, gave his address as 152 Hampton Road, Fayetteville, GA and spoke on behalf of his proposed subdivision. He said that he has a contract on this property contingent upon rezoning. He said this will be an upgrade scale subdivision and the following conditions will be met:

Heated areas of the houses will be a minimum of 1400 sq. ft. on 50% of the homes and 1500 sq. ft. minimum for the other 50% of the homes.
By having a 50-foot front set back, we will sod all front yards and pave all driveways.
Will provide all underground utilities.
Will provide streetlights.
We require our builders to submit all of their plans to our architectural control committee for approval in order to avoid “cookie cutter” subdivisions. We want this to be a community with different elevations on the homes.
Will require a minimum of 4 trees and 15 shrubs in the front of our homes.
All of the homes are required to have a brick, stucco or stone accent on the front elevation.

8. Will file restrictive covenants for this development that protects the integrity of the new neighborhood.

9. Will be side entry garages on the homes.

10. Will be an amenity of green space for picnic areas, walking trails and playground equipment for the children.

11. Will be nice entrances on our subdivision.

Those signed up to speak in opposition were:

Mr. Ed Beall gave his address as 160 Rover Road, Williamson, GA. He said that this is a nice subdivision but the wrong location. He said that all the property in this area is agricultural use and most of the property owners have their land under the conservation program. This is where you commit the land for ten (10) years and can only sell to a family member. He addressed the concerns of additional traffic, overcrowding of Orres School and large tracts of land in this area. He suggested that it be rezoned for AR-2 which is five-acre tracts. He said the Planning Commission voted 4-1 against this rezoning.

Mr. Jesse Malone gave his address as 426 Blanton Mill Road, Williamson, GA. He stated there were wetlands in this area and also there would only be one exit for the 70 homes. He addressed concerns of septic tanks and density. He suggested lots of two (2) to five (5) acres.

Mr. Allan McCallum gave his address as 2831 Williamson Road and stated that he had adamantly spoken against this rezoning for subdivision at the Planning Commission Public Hearing; however, since seeing some of Mr. Reese’s subdivisions he has built, he has changed his opinion and is in favor of this subdivision. He said that this would be a benefit to the community. He said what Mr. Reese is building is far above what we have been seeing in this county.

Mr. Steve Higgins gave his address as 133 Rover Road, Williamson, GA and stated that there were fourteen (14) property owners on his street and the least of land owned is ten (1) acres. He said he knows that the property is going to be developed and wanted it to be developed if it fits in with our neighborhood. He said putting these small houses on small tracts of land would not be harmonious to the neighborhood. He asked the Board to consider denial of this request.

Mr. Darin Pitts gave his address as 41 Chappell Hill Road and stated he was opposed to this subdivision.

Ms. Dottie Wilson gave her address as 25 Chappell Hill Road stated she agreed with all the opposition statements. She said it is a great subdivision but the wrong place. She said she would welcome two (2) acres plus.

Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel Application #00-16Z was unanimously approved with conditions 1-8 as stated above by a vote of 5-0. The Resolution will be incorporated into the minutes on second and final reading.

3. Other Business

Consider motion to request Planning & Zoning Board to review PRRRD Zoning District. Chairman Kendall stated everybody knows the emotional concerns that we have faced here in the last few days, weeks and months concerning the re-opening of Cherokee Rose. He said that we are at the point where the County Commission needs to discuss and resolve one way or another what it is that we can, will or willing to do in regards to the problems arising. He said if there is a review to be done on our zoning ordinance, the Planning Commission would examine this and they would have to make some recommendations. The question is what specific would the Board of Commissioners like for the Planning Commission to do.

Commissioner Martha McDaniel stated that she did not have a problem with the Planning Commission reviewing the PRRRD zoning district and she put this in the form of a motion. Commissioner Kendall seconded the motion for discussion.

Mr. Kendall stated what he would like for them to do is the detail of this PRRRD zoning classification and what it entails and what restrictions and guidelines the owner has to abide by under the zoning classification what are the rules and regulations that regulate that particular use. This zoning district was adopted in 1989 and there are possibly some changes they may have taken place since this was adopted.

Commissioner Martha McDaniel called the question and Commissioner Childres seconded the motion.

There was discussion at this time as to whether the Board was going to let any one speak regarding this item. Commissioner Martha McDaniel stated that comments from citizens should be directed to the Planning Commission and there did not need to be any further discussion. The motion to call the question had been made and Chairman Kendall asked for the vote to end the debate. The motion to end the debate passed by a vote of 3-2 with Commissioners Kendall and Massengale voting against the motion.

Chairman Kendall called for the vote on the motion to send the PRRRD zoning district back to Planning Commission for review. The motion passed by a unanimous vote of 5-0.

Consider approval of Resolution relative to extending the cable franchise to August 31, 2000. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Resolution was unanimously approved by a vote of 5-0.

RESOLUTION

WHEREAS, Spalding County (“County”) on April 29, 1980, granted a nonexclusive cable franchise to Griffin Cable TV Company (“Franchise”); and

WHEREAS, the Franchise was subsequently assigned to succeeding cable system operators, Insight Communications Company L.P. (“Insight”) being the current Franchise holder; and

WHEREAS, Insight has requested that the Franchise be renewed; and

WHEREAS, negotiations with Insight concerning certain aspects of the cable Franchise renewal are incomplete; and

WHEREAS, Insight has been previously granted an extension of the Franchise term through May 31, 2000, to allow adequate time to provide for the proper and thoughtful attention to the resolution of the unresolved Franchise renewal issues affecting Insight and the County; and

WHEREAS, Franchise renewal negotiations remain incomplete and Insight has requested an additional extension of the franchise term; and

WHEREAS, in consideration of Insight’s request, the County is willing to grant the Franchise term extension, with all other remaining terms and conditions of the Franchise continuing in full force and effect, such extension to extend the term of the Franchise to expire on August 31, 2000 or through such earlier date that franchise renewal negotiations may be concluded and the County may consider granting the franchise renewal.

NOW THEREFORE, BE IT RESOLVED, that the Spalding County Board of Commissioners hereby authorize and execute the extension of the non-exclusive cable Franchise, such extension to expire no later than August 31, 2000.

4. Closed Meeting

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Kendall the Board went into Executive Session upon a unanimous vote.

Zoning Attorney Newton Galloway desires a Closed Meeting to discuss potential litigation.

Those present were Commissioners Michael Kendall, Earle Childres, Martha McDaniel, Johnie McDaniel, Merrill Massengale, County Manager Mike Ruffin, Zoning Attorney Newton Galloway, County Planner Nancy Moon and Executive Secretary Phyllis Doane.

CLOSED MEETING AFFIDAVIT

[A copy of the affidavit must be filed with the minutes of the meeting]

STATE OF GEORGIA

COUNTY OF SPALDING

AFFIDAVIT OF CHAIRMAN

M. Michael Kendall, Chairman, of the Spalding County Board of Commissioners, being duly sworn, states under oath that the following is true and accurate to the best of his knowledge and belief:

The Spalding County Board of Commissioners met in a duly advertised meeting on May 25, 2000.

During such meeting, the Board voted to go into closed session.

The executive session was called to order at 10:20 p.m.

The subject matter of the closed portion of the meeting was devoted to the following matter(s) within the exceptions provided in the open meetings law:

Yes Consultation with the county attorney or other legal counsel to discuss pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the county or any officer or employee or in which the county or any officer or employee may be directly involved as provided in O.C.G.A. § 50-14-2(1);

No Discussion of tax matters made confidential by state law as provided by O.C.G.A. § 50-14-2(2) and

(insert the citation to the legal authority making the tax matter confidential)__________;

No Discussion of the future acquisition of real estate as provided by O.C.G.A. § 50-14-3(4);

No Discussion or deliberation on the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a county officer or employee as provided in O.C.G.A. § 50-14-3(6);

No Other (describe the exemption to the open meetings law): ______________________________________ ____________________________ as provided in (insert the citation to the legal authority

exempting the topic)_____________________.

This the 25th day of May 2000.

Chairman

Spalding County Board of Commissioners

Sworn to and subscribed

Before me this 15th day of

May 2000.

Notary Public

My commission expires: March 18, 2002

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the Board voted unanimously to come out of Closed Meeting and go back into Open Session.

5. Adjournment.

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

County Clerk/County Manager Chairman

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