5/11/2020 Planning Commission Meeting Minutes

GORDON COUNTY PLANNING COMMISSION
PUBLIC HEARING
MAY 11, 2020


The Gordon County Planning Commission held a Public Hearing on Monday, May 11, 2020 at 6:00 p.m. in the Main Court Room of the Gordon County Courthouse for the purpose of hearing variance and zoning change requests.

Members present were: Randy Rule, Eddie Smith, Jerry Lovelace, and Nathan Serritt

Randy Rule called the meeting to order and advised all present of the sign-up sheets available for those who wish to address the Planning Commission on any of the zoning or variance change applications.

APPROVAL OF MINUTES

A motion was made by Jerry Lovelace to approve the minutes of the previous meeting of March 9, 2020. Nathan Serritt seconded the motion. All voted aye. The minutes were approved as written.

REZONING APPLICATION #Z20-06, JOHN T. FINCHER (appl.) Larry Cantrell (owner)

Chairman Rule read rezoning application #Z20-06, John T. Fincher (appl.) and Larry Cantrell (owner), requesting to rezone a 1.04 acre tract located at 1678 Moore’s Ferry Rd., Plainville from A-1 to R-6. Mr. Fincher and Mr. Cantrell represented the request explaining that they would like to sub-divide this 1.04 acre tract from the original 4.28 acres to place a mobile home at this site for Mr. Fincher and his wife to live in. All adjoining property owners had been notified.

Nathan Serritt made the motion to approve the rezoning application identified as #Z20-06 from A-1 to R-6. Eddie Smith seconded the motion. All voted aye. The recommendation for approval was sent to the Board of Commissioners.

REZONING APPLICATION #Z20-07, LARRY CANTRELL

Chairman Rule read rezoning application #Z20-07, Larry Cantrell, requesting to rezone a 3.24 acre tract with an existing house located at 1678 Moore’s Ferry Road, Plainville from A-1 to RA-1. Mr. Cantrell represented the request explaining that after subdividing the 1.04 acre tract from his original 4.28 acres he now needs to rezone the balance of his 3.24 acres to bring into compliance with zoning. All adjoining property owners had been notified.

Jerry Lovelace made the motion to approve the rezoning application identified as #Z20-07 from A-1 to RA-1. Nathan Serritt seconded the motion. All voted aye. The recommendation for approval was sent to the Board of Commissioners.

REZONING APPLICATION #Z20-08, CASEY BOWERS (appl.) Nice Guys Buying Houses (owner)

Chairman Rule read rezoning application #Z20-08, Casey Bowers (appl.) and Nice Guys Buying Houses (owner), requesting to rezone a 3.23 acre tract located at 429 Trimble Hollow Road, Adairsville from A-1 to R-1. Terry Burger, owner of Nice Guys Buying Houses, represented the request explaining that they would like to subdivide the property into 4 tracts in order to build 4 new houses. Mr. Burger also stated that a soil study has been completed and approved for 4 lots by a civil engineer. The homes would be built at the back of each lot so the power lines would be in front of the homes and the septic systems would be in the front as well. All adjoining property owners had been notified.

Nathan Serritt made the motion to approve the rezoning application identified as #Z20-08 from A-1 to R-1. Jerry Lovelace seconded the motion. All voted aye. The recommendation for approval was sent to the Board of Commissioners.

VARIANCE APPLICATION #V20-03, BLUE HILLS FARMS (appl.) Xuan Hoang (owner)

Chairman Rule read variance application #V20-03, Blue Hills Farms (appl.) and Xuan Hoang (owner), requesting a variance for a 23.70 acre tract located at 2454 Dews Pond Road, Calhoun. Mr. Hoang explained that the existing 6 chicken houses were built in 2008 and that he would like to build a stack house 112 feet from the side property line, therefore requesting a variance of 188 feet. He also added that he had purchased this chicken operation in 2019 and that a stack house would be the cheapest option for him. Adjoining property owner, Eddie Phipps, spoke in opposition to the variance request stating that the smell and flies were just unbearable. Also 2 letters were read from adjoining property owners who were opposed for the same reasons as well as decreased values to their property. Mr. Hoang closed in saying that he sprays weekly for flies and that the stack house would be better for the environment and will help with the fly issue. All adjoining property owners had been notified.

Nathan Serritt made the motion to deny the variance application identified as #V20-03 to allow construction of a stack house without meeting the setback requirements. He also added that a variance of 188 feet is a bit extreme, if it was only 25 feet it would not be that big or an issue. Eddie Smith seconded the motion. All voted aye. The variance was denied. The thirty-(30) day appeal period was explained.

VARIANCE APPLICATION #V20-04 & REZONING APPLICATION #Z20-09, DEVIN OESTERLE

Chairman Rule read variance application #V20-04 and rezoning application #Z20-09, Devin Oesterle on 31.18 acres located in the area of Cash Road and Fairmount Hwy., Calhoun. Mr. Mr. Oesterle would like to subdivide 5 1-acre tracts from this property and rezone from A-1 to R-4 to construct a duplex on each tract and therefore would like to request a variance to reduce the required 30 acre tract for the existing 6 chicken houses. A letter was read from adjoining property owners Jane and William Butler in opposition to both the variance and rezoning with concerns of increased traffic on both Cash Road and Highway 53 and the increase in ground water contamination with several new septic systems especially since their only source of water is a well. Last year, a manufactured home, septic system, and field lines were added to the same property and after the trees were cut and land was cleared the rain water runoff was so much that they had to have grading done to redirect the flow of water from their home. If there should be a septic overflow that would drain into her backyard and well. Mr. Oesterle stated that Eric Rutledge had checked the property out concerning adding the septic systems and said it was okay. All adjoining property owners had been notified.

On variance application #V20-04, Eddie Smith made a motion to deny the application to reduce the required 30 acre minimum for 6 chicken houses. Nathan Serritt seconded the motion. Jerry Lovelace voted against the motion. The vote was 2-1 to deny. The variance was denied. The thirty-(30) day appeal period was explained.

On rezoning application #Z20-09, Jerry Lovelace made a motion to approve the rezoning from A-1 to R-4 for construction of duplexes. With the lack of a second, the motion dies. Chairman Rule asks again for a motion, Eddie Smith made a motion to deny the rezoning request. Nathan Serritt seconded the motion. Jerry Lovelace voted against the motion. The vote was 2-1 to deny. The recommendation for denial was sent to the Board of Commissioners.

ADDITIONAL BUSINESS

There being no additional business, Jerry Lovelace made the motion to adjourn. Nathan Serritt seconded the motion. All voted aye. The meeting was adjourned at 6:45 p.m.

Author: zgregg

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