6/14/2021 Planning and Zoning Commission Minutes
GORDON COUNTY
PLANNING and ZONING COMMISSION
PUBLIC HEARING MINUTES
June 14, 2021
The Gordon County Planning Commission held a Public Hearing on Monday, June 14, 2021 at 6:00 p.m. in Calhoun’s Gem Theater across from the Gordon County Administration Building for the purpose of hearing variance and zoning change requests.
Members present were:
Randy Rule, Eddie Smith, Jerry Lovelace, Nathan Serritt, and Sabrina Poole
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 May 10, 2021. Nathan Serritt seconded the motion. All voted aye. The minutes were approved as written.
REZONING APPLICATION #Z21-11, DEVIN OESTERLE (appl) SPRINGBANK, LLC (owner)
Chairman Rule read rezoning application #Z21-11, Devin Oesterle (applicant) Springbank, LLC (owner), requesting to rezone a 111 acre tract located at the intersection of Hightower Loop and Jim Tom Road, Ranger from A-1 to Conditional Use. Mr. Oesterle represented the request explaining that they would like to buy this property to build 8 new poultry houses and his own personal residence. He also added that he currently has 6 poultry houses in the Sonoraville area and has no problems with them, the houses will be built 600 feet from the road, and access will be from Hightower Loop. Jamison Pass, an adjoining property owner, spoke with concerns if access was to be from Jim Tom Road the bridge is only a 26 ton weight limit, but was not opposed if the access was from Hightower Loop. All adjoining property owners had been notified.
Jerry Lovelace made the motion to approve the rezoning application identified as #Z21-11 from A-1 to Conditional Use to build 8 poultry houses. Sabrina Poole seconded the motion. All voted aye. The recommendation for approval was sent to the Board of Commissioners.
REZONING APPLICATION #Z21-14, D & D INVESTMENT PROPERTIES, LLC
Chairman Rule read rezoning application #Z21-14, D & D Investment Properties, LLC, requesting to rezone 133 acres located at Gardner Springs Road with frontage on Union Grove Road and Gardner Springs, Adairsville from A-1 to I-1. Terry Brumlow, attorney asks to table this request until the July 12, 2021 meeting. Jerry Lovelace made the motion to table the request until the July 12, 2021 meeting. Nathan Serritt seconded the motion. All voted aye. The application was tabled until the July 12, 2021 meeting.
VARIANCE APPLICATION #V21-11 & REZONING APPLICATION #Z21-12, OWR, LLC (appl.) William L. Hulsey, Jr. (owner)
Chairman Rule read variance application #V21-11 and rezoning application #Z21-12, OWR, LLC, applicant and William L. Hulsey, Jr., owner for a 48.51 acre tract located on U.S. Hwy. 41, South, Adairsville. Terry Brumlow, a local attorney, represented the request stating that the variance request is to reduce the buffer strip from 250 feet to 20 feet on the North, South, East, and West boundaries of the property. The rezoning request is to rezone this property from A-1 to I-2. Mr. Brumlow also added this was nearing the end of all the development in this area and that the buffer in the back of this property would be large because of it being so low. All adjoining property owners had been notified.
On variance application #V21-11, Nathan Serritt made the motion to approve the variance as requested to reduce the county buffer requirements from 250 feet to 20 feet on the North, South, East, and West boundaries of the property. Eddie Smith seconded the motion. All voted aye. The variance was granted. The thirty-(30) day appeal period was explained.
On rezoning application #Z21-12, Eddie Smith made the motion to approve the rezoning request from A-1 to I-2. Jerry Lovelace seconded the motion. All voted aye. The recommendation for approval was sent to the Board of Commissioners.
REZONING APPLICATION #Z21-13, TOA QUOC NGUYEN, (applicant); SPRINGBANK, LLC(owner)
Chairman Rule read rezoning application #Z21-13, Toa Quoc Nguyen (appl.), Springbank, LLC (owner), requesting to rezone 577.17 acres located on Evergreen Road, Resaca from A-1 to Conditional Use. Mr. Nguyen, along with his wife, represented the request explaining that they would like to purchase this property in order to build 24 broiler chicken houses to begin with and then as many as will comply with the ULDC regulations. The applicants were asked if they had placed the sign up and they stated that they had placed the sign on Evergreen Road near the church.
Chairman Rule read statements from area property owners who were unable to be in attendance to their opposition to this rezoning. Ursula Richardson read a Resolution prepared by the City of Resaca and the mayor with concerns of the extra traffic that would be routed through the City of Resaca and were opposed as well. Attorney, Robert Walker, representing Al and Elizabeth Stone who live in close proximity to the referenced property, spoke stating that the proposed development would cause extremely high susceptibility for ground water pollution. Additionally, Gordon County’s own Joint Comprehensive Plan for 2018-2028 makes it clear that this property is in an “Environmentally Sensitive Area” known as the Water Supply Watershed for Gordon County and the surrounding area. Finally, the potential environmental impacts of the proposed large Concentrated Animal Feeding Operation (CAFO), the traffic implications of the development, and the effect of property values in the immediate vicinity of the proposed development were included in a letter from Bruce Penn, a certified general appraiser licensed by the State of Georgia with almost 40 years of experience in appraising property across the State. Mr. Penn notes that the subject property is well suited for less intensive agricultural and residential use consistent with similar properties in the area such that the subject property’s value would not be impacted by denial of the condition use permit application and that homes and properties in close proximity of the subject property will be diminished by 20% to 50%, thereby negatively impacting the tax base of Gordon County area and adjoining property owners spoke in opposition to this rezoning request with concerns of increased traffic and road damage from the trucks, increased noise, odor, flies, decreased property values, water/soil pollution, the toxins that pollutes the air and being a safety concern. Other concerns were that this property was in a floodplain and most residences had well water. Those speakers who were strongly opposed to this application were: Al Stone, Bruce Cole, Jim Heater, Russell Bryant, Benjamin Bishop, Todd Anderson, Clay Brown, H.W. Bartell, Dr. Katie Naymick, and Russell Ritchel.
The Planning Commission members asked Mr. Nguyen some questions that the group of people who had spoken in opposition. Mr. Nguyen answered by stating he plans to build a home for his family at this site, that the chicken companies requirement to build the chicken houses is to buy large tracts of land, and that he has to follow rules of the county and the company. When asked by Chairman Rule if he had other chicken houses in Gordon County he stated he had 8 other houses at another site. Nathan Serritt asked the applicant about the nighttime work done at the houses and Mr. Nguyen answered that clean out is in early morning or late afternoon and sometimes at night and that he just follows the companies’ rules. Eddie Smith asked did he realize that Springbank has the option to come in and clear cut this property up to one year from closing. All adjoining property owners had been notified.
Eddie Smith made the motion to table the rezoning application identified as #Z21-13 from A-1 to Conditional Use and Mr. Nguyen get an environmental impact study and a historical study done on the acreage. Nathan Serritt seconded the motion. All voted aye. The application was tabled until the July 12, 2021 meeting.
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 7:40 p.m.
