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Board of County Commissioners Office of Planning & Development 107 N. Gross Road Suite 3 · Kingsland, GA 31548 Phone: (912) 729.5603 · Fax: (912) 729.5543 · www.co.camden.ga.us MINUTES Wednesday, April 9, 2014, 6:00 PM A) INVOCATION: The meeting was called to order at 6:00 P. M. and John Peterson gave the invocation. B) PLEDGE OF ALLEGIANCE: John Peterson led us in the pledge of allegiance. C) ROLL CALL: Commissioners present as follows: Michael Bowick, Ben Casey, Peter Magoon, Greg Moore, Planning Director John Peterson, County Attorney John Myers and Cindy Daniels. Glenn Ivey was absent. D) ADDITION AND/OR DELETIONS TO THE AGENDA: Michael Bowick made a motion to move items 4 and 5 of new business to items 1 and 2 of new business of the agenda, seconded by Peter Magoon. The motion carried 4-0. F) ADOPTION OF AGENDA: G) APPROVAL OF MINUTES: February 29, 2014, PC Meeting: Michael Bowick made a motion, seconded by Greg Moore, to approve the minutes. The motion carried 4-0. Reading of Public Hearing Rules by Staff: Dispense reading of public hearing rules by staff. Ben Casey advised audience to silence all electronic devices. Ben Casey instructed Mr. Peterson to present the first item on the Agenda. H) OLD BUSINESS: 1) Special Exception Variance - ZV2014-1 Preston & Karen Holliday are requesting a Special Exception Variance from 20’ minimum side yard setback to 5’ as required in UDC Sec. 210 (c) (4) respectively, in order to construct a proposed 22’ X 22’ enclosed metal building at 1404 Colerain Road, Kingsland, Ga., shown as Tax Map #069, Parcel #005D, Zoned A-R (Agricultural- Residential), with the Future Land Use Map shown as “Residential”. M.B. Motion/2nd P.M. Rec. to Deny 3-1. John Peterson stated at the last meeting the applicants were asked to furnish any information they had that might show different options and we have not received any to date so it’s not included in the packet and the finding of fact pretty much stands as it is so I have nothing further to put before you. I ask whichever way you go on this that you adopt the finding of fact and make your motion and move on with this and move this item to the County Commissioners because it has been tabled and it can’t remain tabled any longer at this level. Ben Casey asked if anyone wished to speak since this is a public hearing. Planning Commission Agenda Wednesday, April 9, 2014, 6:00 PM Page 2 of 13 A citizen from the audience asked if it was being stopped because it was going on the wetlands. Ben Casey replied no. It is because it’s encroaching on the property line. In that area the way it’s zoned, you have a 20’ setback and they want to go into 5’ from the property line. Yes, it’s the side yard setback. Ben Casey asked if anyone asked if anyone wished to speak against the item. Ben Casey asked if anyone wished to make a motion on this item. Michael Bowick made a motion to deny based on the recommendation that the Planning Commission gave them a request for more information and they do not want to furnish it and I recommend denying this request, seconded by Peter Magoon. Ben Casey asked if there was any discussion on the motion. A citizen from the audience asked if they were denying the request to do what this variance is asking for them to build this. Ben Casey stated yes that is the motion right now. Citizen stated he just wanted to make sure. Ben Casey said his understanding in reason why they wanted to put it that close was is in that area they want to go in between the well and their property line. We’ve got a motion and a second. All in favor? Peter Magoon, so we’re recommending denial, is that correct? Ben Casey, yes. Peter Magoon, are there any negative? Ben Casey, yea me. Peter Magoon, ok. I) NEW BUSINESS: Public Hearing Items - 1) Special Exception Variance – ZV-2014-2 Matt Jordan representing RLF Kingsland Properties, LLC, is requesting variances from UDC Sec. 1303.(b)(5) Public Street Frontage, to allow a 2 lot Minor Subdivision “Ten-lot Split”, and a recombination of RLF Kingsland Estate Subdivision Lots # 12 & 16, as proposed. RLF Kingsland Estate Subdivision Lots # 12 & 16 are shown on Tax Map 070C Parcels 012 and 016, Zoned A-F (General agricultural – forestry district), with the Future Land Use Map shown as “Residential”. M.B. Motion/2nd B.C. to Approve 3- 1. John Peterson presented the staff recommendation and asked Chairman Casey if he would like to take that up and then go on to the second findings of fact regarding the unpaved street access or would you like for me to go on? Chairman Casey said we can take up the next one. John Peterson presented staff recommendation on second proposed variance and said he would be glad to answer any questions. Chairman Casey asked if anyone had any questions for John Peterson. Peter Magoon said he had a question for Mr. Peterson. Mr. Magoon asked if that was basically the first challenge to the UDC on these subjects about the unpaved roads and curb cuts since they brought in the UDC in January 2009, he thinks? Mr. Peterson said these are the first variance requests that have come forward. Peter Magoon asked, how are we going to handle this? Are we going to vote on one or both of them at the same time? Ben Casey replied he would vote on both of them at the same time. Michael Bowick said I think we have some people that want to speak. Peter Magoon said are you going to hold a public hearing? Ben Casey answered, right. Ben Casey asked if anyone wanted to speak in favor of the item. Matt Jordan, Cumberland Land Surveyors, I gave ya’ll a map earlier that was done in April 2013 by Thomas & Hutton. We were hired by the Shaw Tate Group to subdivide this land in not necessarily that fashion but in the fashion that you see here which was 25 acre and up lots. Well we went to the county with a plan to do this but we also had that map in our hands. This was in May of 2013. We were told by several county officials that what we could do was an estate lot Planning Commission Agenda Wednesday, April 9, 2014, 6:00 PM Page 3 of 13 subdivision which is what we had planned to do with 25 acre lots and then come back and do a minor subdivision split of lots along the paved road because we have paved road access, mind you this was in May 2013. We recorded the original subdivision in August 2013, which is when we went to work on dividing this property which we were told that we could do by county officials. In October 2013, I sent John a pdf copy of a finished plat of the 10-lot split or the 5 acre lots that you see on Colerain. Approximately, October 15th we gave him the hard copies and never heard anything else. Kept going to work because we were told that we could subdivide that property that way. Well late in December of 2013, we get a letter stating that we can no longer do that. Due to the road reclassification it no longer meets the UDC which I can tell you from that time all the work had been done on the property. Surveying it had been complete. Marketing had been done on the property. It kind of just left us out hanging out to dry at that point. Well, it was put off to us that DOT was the one that had the problem with it so we met with Billy Smith of the DOT. We took him out onsite. Showed him the property. There are existing curb cuts. I think there are three existing curb cuts along the west. The west lots that would meet the requirements of the state. Billy Smith with the state stated that he would have zero problems with this subdivision as long as the county didn’t have any problems with this subdivision. It meets the requirements of the state which is 350 feet of separation of driveways for a major road like the road is going to be. The variance stems from the fact that we were told a way to do the subdivision. Proceeded with it. The works done. Now we can’t do it and I don’t have to tell you how much money that land cost. You know the developers have a pretty decent outlay of cash. We’re just looking to be able to do what we were told to do there. Do you have any questions? Michael Bowick said this is a case of you talking to somebody and them telling you, yea you can go ahead and do this. Matt Jordan said Scott Brazell, Public Works Director, we met with him May of 2013, this is a letter that he typed out for us, he signed it stating that the 13 lots frontal are more than a minor subdivision. We knew that. This is all his handwriting on this plan here. This was not our plan to do this. We were told, hey look, why don’t you guys get more lots? You’ll get a little more bang for your buck.