Tuesday, August 25, 2020

PIKE CO BOC POST AGENDA TO DISCUSS PROPOSED CONDOS FOR SENIORS


PIKE COUNTY BOARD OF COMMISSIONERS
SPECIAL CALLED MEETING
5:00 p.m. Monday, August 24, 2020 


The Pike County Board of Commissioners held its Special Called Meeting on Monday, August 24, 2020 at 5:00 p.m. in the Courthouse, Main Courtroom, at 16001 Barnesville Street, Zebulon. Chairman Briar Johnson convened the meeting and Commissioners Tim Daniel, Tim Guy, Jason Proctor and James Jenkins attended. County Manager Brandon Rogers, County Attorney Rob Morton and County Clerk Angela Blount were also present.

1. CALL TO ORDER ..............................Chairman Briar Johnson
2. INVOCATION…………………………..Silent Invocation
3. PLEDGE OF ALLEGIANCE................Chairman Briar Johnson 

4. APPROVAL OF THE AGENDA - (O.C.G A. 50-14-1 (e) (1)) Motion/second by Commissioners Guy/Daniel to approve the agenda, motion carried 5-0.

5. DISCUSSION OF AN APPLICATION SUBMITTED REQUESTING PERMISSION TO CREATE A PRIVATE CONDO COMMUNITY FOR INDEPENDENT SENIOR LIVING RESTRICTED TO AGE 55 AND UP. PROPERTY LOCATION IS AT 15177 ZEBULON ROAD, GRIFFIN, GA. 

County Manager Brandon Rogers addressed the Board stating this meeting is to discuss the subject property and to have a better understanding before the Board of Commissioners meeting tomorrow night which will include the Public Hearing. Brad Vaughan, Director of Planning and Development, stated his office received a request for a private condo community for independent senior living restricted to age 55 and up. Vaughan stated the proposed development does not fit neatly into one zoning category; therefore, an exception is the point of action. In the past, there was a DR-6 zoning, Duplex Residential 600 square foot, it was repealed in our code in 2009 and never replaced. 

Vaughan stated the plans are for a 2200 square foot two family residential dwelling units. The submitted design includes garage space for both sides of the dwelling units in that 2200 square foot design. The proposal includes a private road, sidewalks and street lights in a gated community. The total acreage of land is 8.64 acres. The subject property lies within the one-mile radius of the intersection of Spalding County line and US 19. Immediately to the west, lies the Hidden Falls Subdivision which is zoned PRD, Planned Residential Development. Vaughan stated the density of the dwelling units is more appropriate in the PRD, Panned Residential Development, zoning. 

Commissioner James Jenkins asked if it was not being classified as a PRD. Vaughan replied you have special exception or have it rezoned as PRD which will require multiple variances. PRD zoning is specifically numerated being within one half mile of the incorporated Pike County or within a one mile arc of the intersection of US 19 and Spalding County line. PRD subdivision is made for a greater density; you will have improvements with the roads and with the utilities. The units will not be subdivided for individual ownership. Vaughan stated the applicants are going to do long term private pay lease on the condos. Commissioner Jenkins asked how long a long term lease is for. Applicant Robin Cochran replied minimum a year with discounts on multi-year commitments up to five years. Commissioner Jenkins asked what about the sewerage. Brad Vaughan replied the plans show a common commercial septic system which will have to be approved by the Health Department. 

Commissioner Jenkins asked where EPD, Environmental Protection Divisions, would play a part as far as the septic. Vaughan replied the Health Department would come in for the septic system and EPD would come in for land disturbance. County Manager Brandon Rogers stated he spoke to Ben Trotter regarding the septic system and because of the number of dwellings on the property, it will exceed his scope of work and he would not be able to approve or deny anything due to the amount of water used per day; it will probably be an EPD issue from the start to get the sewer approved. 

Commissioner Jenkins asked about the number of residents that will be in this condo community. Brad Vaughan stated there will be 15 - 2 family units which could be up to 30 residents total. Commissioner Jenkins noted if each person had a 2 vehicle that would be 30 vehicles on an eight acre lot. 

Commissioner Tim Daniel noted if it is 30 units, it could possibly have 60 residents. Brad Vaughan clarified that is correct, 15-2 family units, possible two people in each unit would be a total of 60 possible residents. 

Chairman Briar Johnson stated he looked at the plans over the weekend and it is very attractive, but it is a duplex. Chairman Johnson asked what will happen five years down the road the community goes belly up; what prevents the nice duplex community from going into rental property like Williamson and Molena has. 

Brad Vaughan stated you could have owner exits managed by a leasing company or conditions could be placed by the Board on the land use upon approval. 

Commissioner Jenkins inquired if a decel and accel lane would be required. Vaughan replied it would be DOT governance regarding the entrance, the plans illustrated shows a decel lane. Commissioner Jenkins asked for clarification if they are called duplexes or condos. Vaughan replied only prospective is multifamily use. Commissioner Jenkins stated it is for senior living and most of the time when you have senior living; they are looking for senior activities at the same time and not just living quarters. 

Jerime Buffington, with Paragon, sated there will be sidewalks around the entire community, there will be areas for amenities, a park area and a gazebo. Commissioner Jenkins asked if all of this development will fit on eight acres. Mr. Buffington replied yes sir. 

Brad Vaughan stated from an engineering standpoint and from a building standpoint, you can fit all that on this parcel; the question remains the actual use of the property. 

Commissioner Jenkins stated the county policy code says 20 acres in PRD and they want this reduced to eight acres. Brad Vaughan stated that would fall as a rezoning application, this property is still zoned AR, Agricultural Residential, and they are asking for a special exception. County Attorney Rob Morton stated for clarification the existing application is for a piece of property that is currently zoned AR, they are requesting a special exception. Morton noted the letter in the packet from the applicants reads we are requesting a special exception to incorporate Fountain Farm in Pike County. Fountain Farm will be a 20+ gated condo community for ages 55 and up and goes on and talks about the private pay lease. The issue that has already been mentioned by Brad Vaughan is a variance application that has been submitted in conjunction to this was postponed by the Board of Appeals until the Board of Commissioners makes a decision on the special exception application. One of the recommendations for consideration is if this would be suited better as a PRD development, but that is not what their application is. Their application is for a special exception for AR zoned property. One issue is that AR zoning requires one unit per lot. 

Commissioner Jenkins stated we are going for AR and not PRD. County Attorney Rob Morton stated that is what is pending before you right now and the Board of Commissioners, being the legislative body of the county, can make the determination if better suited in a different zoning. 

The motion from the Board of Appeals was not to approve or deny but for recommendation on the existing special exception application on whether it should be considered for a PRD zoning. Brad Vaughan noted the design requirements for PRD include the parent tract of land should be a minimum of 20 acres, set up individual ownership and have a minimum of 1 acre per parcel. Chairman Johnson noted on the drawing it shows private drive, the drive will not be a road that the county maintains. Vaughan stated that is correct. Commissioner Jenkins asked where the septic system is going on the eight acres. Brad Vaughan replied under the green space on the west side of the property. 

Commissioner Jason Proctor asked if the community would be on county water. Vaughan replied yes. Brad Vaughan noted the road into the community is noted as private drive; therefore, the county will not have to maintain it. 

Commissioner Tim Guy stated it will be around 3900 linear foot for drain field and that is if the soil is right. Commissioner Tim Daniel asked County Attorney Rob Morton for his opinion, if he has one, on if this is the right direction to get this approved/denied. County Attorney Rob Morton stated he is careful with giving an opinion with Public Hearing tomorrow night and the Board consideration, from a legal standpoint that is the reason we allow special exceptions when something is not specifically listed as a permitted use and the Board of Commissioners can consider it as a possible use. The purpose of the special exception is because you cannot create an ordinance that will cover every use past/present/future because there are uses that we are not aware of today that may show up in five to ten years. Morton stated it certainly is a legally viable way to go about it, there are some other issues if the special exception is approved, some issues will have to be addressed by a variance or other discussion as indicated; AR limits one unit per lot and this is one lot. Morton noted this was something that was not addressed at the Board of Appeals meeting the other day. 

The Board of Appeals makes the final decision on all variance applications. Morton stated the Board of Commissioners consideration is if they want to approve this development in the AR zoning, special exception for the senior condo use. 

6. ADJOURNMENT Motion/second by Commissioners Jenkins/Daniel to adjourn at 5:34 p.m., motion carried 5-0.

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