10/10/2016 PZC Meeting Minutes
GORDON COUNTY
PLANNING & ZONING COMMISSION
PUBLIC HEARING
OCTOBER 10, 2016
The Gordon County Planning Commission held a Public Hearing on Monday, October 10, 2016 at 6:00 p.m. in the Conference Room of the Gordon County Administration Building for the purpose of hearing variance and zoning change requests.
Members present were:
Randy Rule, Jerry Lovelace, Butch Layson, and Eddie Smith
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 September 12, 2016. Eddie Smith seconded the motion. All voted aye. The minutes were approved as written.
VARIANCE APPLICATION #V16-10 & REZONING APPLICATION #Z16-18, EDWIN GRAHAM
Chairman Rule read variance application #V16-10 and rezoning application #Z16-18, Edwin Graham for property located at 8500 Fairmount Hwy., Fairmount. Mr. Graham represented the request explaining that he is subdividing the 40.848 acre tract into a 3.376 acre tract with the existing house to sell and a 37.472 acre tract to deed to his grandson for a farm and future home. There is a guardrail across most of the property so you have to access it from the existing driveway and also would like to leave concrete drive with the house. The variance is for the 37.472 acres to reduce county road frontage from 150 feet to 71.71, needing a variance of 78.29 and waive the restriction of creating a flag lot. The rezoning is for the 3.376 acres from A-1 to RA-1 to bring into compliance with the ULDC prior to the sell. All adjoining property owners had been notified.
Ursula Desrosier, Zoning Administrator for Gordon County, recommended that the variance request identified as Application #V16-10 be approved as requested, with the condition that evidence of a permanent easement for access is submitted to the Gordon County Planning and Development Department and on rezoning request identified as Application #Z16-18 is recommended for approval from A-1 to RA-1..
On variance request #V16-10, Jerry Lovelace made the motion to approve as requested; with the condition that evidence of a permanent easement for access is submitted to the Gordon County Planning and Development Department. Eddie Smith seconded the motion. All voted aye. The variance was granted. The thirty-(30) day appeal period was explained.
On rezoning request #Z16-18, Eddie Smith made the motion to approve the request from A-1 to RA-1. Butch Layson seconded the motion. All voted aye. The recommendation for approval was sent to the Board of Commissioners.
VARIANCE APPLICATION #V16-11, OWR, LLC
Chairman Rule read variance application #V16-11, OWR, LLC, requesting to reduce the county buffer requirements from 250 feet down to 20 feet on the sides and rear of property and 50 feet on the front of Highway 41 for a 25 acre tract located at 3528 Hwy. 41 South, Calhoun. Terry Brumlow, a local attorney, represented the request stating that this property had been rezoned to I-2 a few months earlier and the hardship is based on the pending purchase of adjoining tract and fact that all property in the area lies in an area designated for future land use as Industrial. All adjoining property owners had been notified.
Ursula Desrosier, Zoning Administrator for Gordon County, recommended that the variance request identified as Application #V16-11 be approved.
Jerry Lovelace made the motion to approve the Variance Application #V16-11 to reduce the county buffer requirements from 250 feet down to 20 feet on the sides and rear of property and 50 feet on the front of Highway 41. Butch Layson seconded the motion. All voted aye. The variance was granted. The thirty-(30) day appeal period was explained.
VARIANCE APPLICATION #V16-12, CON-ONAULA FARMS, L.L.L.P. (OWR, LLC)
Chairman Rule read variance application #V16-12, Con-onaula Farms, L.L.L.P. (OWR, LLC), requesting to reduce the county buffer requirements from 250 feet down to 20 feet on the sides and rear of property and 50 feet on the front of Highway 41 for a 31.70 acre tract located at 3538 Hwy. 41 South, Calhoun. Terry Brumlow, a local attorney, represented the request stating that this property is pending the rezoning I-2 based on this variance being granted and the hardship is based on the ownership of adjoining tract and fact that all property in the area lies in an area designated for future land use as Industrial. All adjoining property owners had been notified.
Ursula Desrosier, Zoning Administrator for Gordon County, recommended that the variance request identified as Application #V16-12 be approved.
Butch Layson made the motion to approve the Variance Application #V16-12 to reduce the county buffer requirements from 250 feet down to 20 feet on the sides and rear of property and 50 feet on the front of Highway 41. Jerry Lovelace seconded the motion. All voted aye. The variance was granted. The thirty-(30) day appeal period was explained.
VARIANCE APPLICATION #V16-13, AARON SUTHERLAND
Chairman Rule read variance application #V16-13, Aaron Sutherland, requesting to reduce the required setback to property line from 300 feet to 10 feet for a stack house on a 29.32 acre tract located at 1657 Boone Ford Road, Calhoun. Mr. Sutherland represented the request explaining that he had been approved by the state for construction of a stack house and he has certain guidelines that must be met by the state, such as dimensions of structure and spot on his property. If he did place it at the back of the chicken houses it would require a lot more grading because of the steep hill and he would still need a variance. The adjoining property belongs to Mr. Sutherland’s grandfather and is used as a cattle farm. Buford Wilson, the grandfather and adjoining property owner, stated that this was the best place for the stack house. He added that he could deed some of his property to his grandson to satisfy the setback requirements but would rather not since his cattle farm was in a trust and one day would belong to his grandson. Edward Harbin, adjoining property, owner spoke in opposition due to placement of stack house. All adjoining property owners had been notified.
Ursula Desrosier, Zoning Administrator for Gordon County, recommended that the variance request identified as Application #V16-13 be denied.
Butch Layson made the motion to approve the Variance Application #V16-13 to reduce the required setback from 300 feet to 10 feet for a stack house. Jerry Lovelace seconded the motion. All voted aye. The variance was granted. The thirty-(30) day appeal period was explained.
REZONING APPLICATION #Z16-19, PFW PROPERTIES, INC.
Chairman Rule read rezoning application #Z16-19, PFW Properties, Inc., requesting to rezone a 29.75 acre tract located on Belwood Road, Calhoun from A-1 to CH. Terry Brumlow, a local attorney, represented the request explaining that his client has a pending buyer and this property is designated for future land use as Highway-Commercial. All adjoining property owners had been notified.
Ursula Desrosier, Zoning Administrator for Gordon County, recommended that the rezoning request identified as Application #Z16-19 be approved.
Jerry Lovelace made the motion to approve the rezoning application identified as #Z16-19 from A-1 to CH. Butch Layson seconded the motion. All voted aye. The recommendation for approval was sent to the Board of Commissioners.
REZONING APPLICATION #Z16-20, PFW PROPERTIES, INC.
Chairman Rule read rezoning application #Z16-20, PFW Properties, Inc., requesting to rezone a 20.87 acre tract located on Henderson Bend Road, Calhoun from A-1 to I-1. Terry Brumlow, a local attorney, represented the request explaining that his client would like to conform this property to the future land use map. Noel Luna, whose parents own adjoining apartments, spoke with questions to what I-1 would include and Mr. Brumlow stated in would be a warehouse. All adjoining property owners had been notified.
Ursula Desrosier, Zoning Administrator for Gordon County, recommended that the rezoning request identified as Application #Z16-20 be approved.
Eddie Smith made the motion to approve the rezoning application identified as #Z16-20 from A-1 to I-1. Jerry Lovelace seconded the motion. All voted aye. The recommendation for approval was sent to the Board of Commissioners.
OLD BUSINESS
On the Planning Commissions’ input on Section 5.02.00 Accessory Uses and Structures and Section 5.02.01 Pre-engineered or pre-assembled metal structures shall be no larger than 500 square feet in area, should this statement be more clearly defined for residential and/or agricultural such as: should variances be granted on residential, should agricultural be allowed without variances, etc? Randy Rule and Jerry Lovelace stated that they had looked at other counties guidelines and did not find a clear direction. It was stated that maybe a professional firm such as Apex Metals could give some insight as to what the current demand size is in Gordon County. The Planning Commission will research and discuss more at next meeting.
NEW BUSINESS
Butch Layson made the motion to discuss 2 ordinances; backyard poultry and overgrown property, then to give input to the Board of Commissioners. Jerry Lovelace seconded the motion. All voted aye. Thomas Hallman, a resident of Walnut Hills Subdivision, spoke to the Planning Commission and presented information of the positive impact of backyard chickens. Mr. Hallman’s neighbor had complained to the ordinance officer about the Hallman family having 2 chickens that were in a very tastefully built coop that could be moved as needed. James Bradford, Gordon County ordinance officer, stated that the dogs in this neighborhood made more noise than these 2 chickens and that usually when he got complaints about something this minor it was because neighbors were at odds with each other. The members of the planning commission stated that rules must be in place to keep residents from abusing the ordinances and would do more research on the backyard chicken issue. On the overgrown property draft, Butch Layson made a motion that draft 2 should be accepted. Jerry Lovelace seconded the motion. All voted aye. Ursula Desrosier and James Bradford will pass the information along to the Board of Commissioners on the discussion of the old and new business.
ADDITIONAL BUSINESS
There being no additional business, Jerry Lovelace made the motion to adjourn. Butch Layson seconded the motion. All voted aye. The meeting was adjourned at 7:52 p.m.
