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HomeMy WebLinkAboutCOMMISSION MEETING September 16, 2008 REGULAR MEETING COMMISSION CHAMBER SEPTEMBER 16, 2008 Augusta Richmond County Commission convened at 2:00 p.m., September 16, 2008, the Hon. Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Mason, Grantham, Beard, Johnson, Jackson, Bowles and Brigham, members of Augusta Richmond County Commission. Absent: Hon. Hatney, member of Augusta Richmond County Commission. The invocation was given by the Reverend Charles E. Goodman, Jr., Pastor, Tabernacle Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was recited. Mr. Mayor: Madam Clerk, the recognitions. RECOGNITIONS Employee of the Month A. Mr. Kris Mullen, Lead Application Developer in the Research & Development group within the Information Technology Department. August Employee of the Month. The Clerk: Yes, sir. I call your attention to the recognition portion of our agenda. The Employee of the Month. We ask that Kris Mullen along with IT Director Ms. Allen and other personnel who’d like to join in this presentation to please join the Mayor here at the podium. The Clerk: Dear Mayor Copenhaver. The Employee Recognition Committee has selected Kris Mullen as the August Employee of the Month for the City of Augusta. Kris is the Lead Application Developer in the Research and Development Group within the Information Technology Department. He has been employed by the City of Augusta for over 13-years. Kris was nominated by fellow coworker John Dent. Kris was nominated for his most recent project the Augusta-Richmond County bid designed for the Procurement Department. It was created using some of the latest and greatest technologies, which Kris taught to himself. Kris’ innovative methodology and the passion shown in this work has set the precedent for future software packages developed by the Research and Development Group. The committee felt that based on this nomination and Mr. Mullen’s dedicated and loyal service to the City of Augusta we would appreciate you in joining us in awarding Kris the Employee of the Month for the Month of August. (APPLAUSE) Ms. Allen: Kris is truly well deserving of this. I’m not sure how many of the city and county employees are aware of who Kris actually is. But he has made some major impact in this organization. Kris has saved this organization numbers in thousands and thousands of dollars in regards to the development of programs that he’s put out there in our organization as opposed to actually going out and purchasing these applications. His knowledge his ability his dedication 1 his innovative thinking his dedication has all contributed to a great asset to this organization and he truly, truly deserves to be recognized for the great job being done for this organization. Thank you, Kris, for being a part of our IT team. (APPLAUSE) Mr. Mayor: And, Madame Clerk, I did, before we move on, Commissioner Mason has requested a point of personal privilege to recognize the passing of somebody who was a good friend of his, who also was a friend of mine and a great friend to this community. Commissioner Mason. Mr. Mason: Thank you, Mr. Mayor. On behalf of the family of James O. McCormick who served as the President of the Small Business Advisory Counsel for District 4 and also on our Human Relations Board. Unfortunately he was funeralized last Thursday and his family just would like to make sure that the City of Augusta, Mr. Mayor, the Commissioners and everyone who participated with prayers, thoughts, food and what have you a very, very heartfelt thank you to this community. We lost a very, very good servant of the people, a person who was meticulous in attention to detail and in fact he was supposed to come before this commission this afternoon and give a presentation on his thoughts and the thoughts of the Board and some thoughts that he and I had shared two days before his passing in terms of the direction we wanted our Small Business Advisory Counsel to go. And I was very, very impressed with his attention to detail and his planning for the future of Augusta and I would hope that someone would take the mantel and continue to move forward with those types of plans to help the city as a hole and our small business people in particular. So again from the family of James O. McCormick they would like to say thank you and I would like to say thank you to him and his family for all the service that James has given to us and to this community and he will surely be missed. And in addition to that I would like to thank Mr. Mayor, Mayor Deke Copenhaver, for his Certificate of Mourning that was placed out for folks to see on behalf of James O. McCormick and so again, Mr. Mayor, thank you for you participation and assistance in this process. Thank you. Mr. Mayor: Thank you, Commissioner Mason, and very appropriate and he will be missed. Madam Clerk, on to the consent agenda. The Clerk: Yes, sir, Mr. Mayor and members of the Commission. For the record Commissioner Hatney will not be in attendance in today’s meeting. Our consent agenda consists of items 1-27, that’s items 1-27. For the benefit of any objectors to our planning petitions I will read those petitions and if there are any objectors will you please signify your objection by raising your hand. Item 2. Is a special request for a Special Exception to establish a Family Personal Care Home on property located at 3515 Walsham Court. Item 3. Is requesting a Special Exception to establish a Family Personal Care Home on property located at 3437 Gebhart Court. Item 4. Is a change of zoning request for a Zone P-1 (Professional) to Zone R-1B (One-family Residential). Are there any objectors to those planning petitions? Mr. Russell: None noted, Madam Clerk. 2 The Clerk: I call your attention to our Public Services portion of the agenda. If there are any objectors to the alcohol petitions when they are read would you please signify your objection by raising your hand. Item 5. Is for an on premise consumption Liquor, Beer & Wine license to be used in connection th with an establishment at 210 11 St. Item 6. Is for a retail package store Beer & Wine license to be used in connection at the location at 3698 Mike Padgett Hwy. The Clerk: Are there any objectors to those alcohol petitions? Mr. Russell: None noted, Madam Clerk. The Clerk: Okay. Our consent agenda consists of items 1-27. Mr. Mayor: Okay, Commissioners, do we have any items to be added to the consent agenda? The Clerk: Can item 28 be considered? The petitioner is asking that it be rescheduled. Mr. Mayor: Item 28, Madam Clerk, I believe that the petitioner has requested that that be rescheduled to our next commission meeting. The Clerk: Mr. Holland, do you --- Mr. Mayor: Commissioner Holland. Mr. Holland: The attorney met with the executive committee of this community and they discussed the plans that they were discussing, they were discussing earlier and they’ve come to a conclusion that they would be able to work things out. So they are requesting that at this time I believe a letter was sent out in terms of making this request that this be postponed for two weeks and come back on I think September --- The Clerk: The seventh. The first meeting in October. Mr. Holland: The first meeting in October. The Clerk: The letter is from the attorney is attached to our addendum agenda. Mr. Mayor: Okay, can we add to the consent agenda with the recommendation that it be forwarded to the meeting two weeks from today? Mr. Holland: So moved. Mr. Smith: Second. 3 Motion carries 9-0. Mr. Mayor: Do we have any other items to be added to the consent agenda. Okay hearing none do we have any items to be pulled for discussion? Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: I’m not pulling item number nine but I think we need to make it clear that the wording in the ordinance that the Attorney has drafted regarding the effective dates of these st funding provisions and it shall be effective the 1 calendar month or in the latter of the execution of a contract for the construction of the TEE Center or the closing of the acquisition of real property for the TEE Center which shall be constructed. I think this deals with the, is what we intended to do in committee. It’s worded a little different that the one-year provision but I think that it gives us a way to fund this public transit to a point that we start doing this. Mr. Mayor: Do we need to read the full thing into the record, Chiquita? Okay, Ms. Johnson has informed me, Mr. Brigham, that we need to go ahead and take a vote to amend that statement. Mr. Brigham: Okay. Mr. Mayor: Okay. Mr. Brigham: That’s fine. Mr. Mayor: Okay. Mr. Brigham: But I think this does what we intended to do in committee. Mr. Mayor: Okay, can I get a motion to approve this agenda item with the change in language recommended by Mr. Brigham? Mr. Johnson: So moved. Mr. Bowles: Second. Mr. Mayor: Commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Mayor: Okay, back to the, do we have any items to be pulled for discussion? Okay, hearing none I would look for a motion to approve the consent agenda. Mr. Holland: So moved. 4 Mr. Smith: Second. CONSENT AGENDA PLANNING 1. FINAL PLAT – MANCHESTER, SECTION III – S-772-III – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Southern Partners Inc., on behalf of Coel Development Co., requesting final plat approval for Manchester, Section III. This residential subdivision is located on Frank Warren Drive, northeast of Dave MacDonald Drive and contains 20 lots. 2. Z-08-57 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Jewell R. Singleton Green requested a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .34 acres and known under the present numbering system as 3515 Walsham Court. (Tax Map 131-0-106-00-0) DISTRICT 4 3. Z-08-59 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Belinda Marigne requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .27 acres and known under the present numbering system as 3437 Gebhart Court. (Tax Map 119-0-585- 00-0) DISTRICT 5 4. Z-08-62 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Jeff Ferenchick, on behalf of CCC Real Estate Holdings, requesting a change of zoning from Zone P-1 (Professional) to Zone R-1B (One- family Residential) affecting property containing .18 acres and is known under the present numbering system as 312 Greene Street (Tax Map 047-4-083-00-0) DISTRICT 1 PUBLIC SERVICES 5. Motion to approve a request by Andrea Koch for an on premise consumption Liquor, th Beer & Wine license to be used in connection with Club Sp@rx, LLC located at 210 11 St. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee September 8, 2008) 6. Motion to approve a request by James E. Miller for a retail package Beer & Wine license to be used in connection with Circle K. Store #2704463 located at 3698 Mike Padgett Hwy. District 6. Super District 10. (Approved by Public Services Committee September 8, 2008) 7. Motion to approve amendments to both the construction contract and the architect’s contract for the New Main Library. (Approved by Public Services Committee September 8, 2008) 8. Motion to approve for the License & Inspection Department to apply for a Georgia Department of Natural Resources – Environmental Protection Division grant for the purpose of removing scrap tires of the property at 2950 Mike Padgett Highway. (Approved by Public Services Committee September 8, 2008) 5 ADMINISTRATIVE SERVICES 10. Motion to authorize submission of the 2008 Exhibit I Continuum of Care Application to HUD and grant the Mayor the authority to execute all forms associated with the application, which also include submission of the Follow-up Technical Submission Application, Renewals and Annual Progress Reports. (Approved by Administrative Services Committee September 8, 2008) 11. Motion to approve Affirmative Action Plan (AAP) subject to the approval of the Attorney. (Approved by the Administrative Services Committee September 8, 2008) 12. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the Albion Acres Neighborhood: 2284 Darlington Drive, (District 2, Super District 9); South Richmond Neighborhood: 3870 Wendell Street, 2044 McDade Road, (District 8, Super District 10); Meadowbrook Neighborhood: 2514 Becket ND Court, (District 8, Super District 9); AND WAIVE 2 READING. (Approved by Public Services Committee September 8, 2008) 13. Motion to approve increased salaries for State Court judicial assistants related to their additional duties and the operation of a digital recording system for hearings and trails with no additional funding for 2008 and 2009. (Approved by Administrative Services and Finance Committees) 14. Motion to approve a Resolution for the Adoption of the Augusta-Richmond County Redevelopment Plan for the neighborhoods of West Augusta, Downtown, Old City, East Augusta, South Augusta and Create Tax Allocation District Number One – Augusta. (Approved by Administrative Services and Finance Committees September 8, 2008) PUBLLIC SAFETY 15. Motion to approve extending the inmate medical services contract with Correctional Medical Services, Inc. for an additional year. (Approved by Public Safety and Finance Committees September 8, 2008) 16. Motion to approve an Ordinance to amend Title Three of the Augusta Richmond County, Georgia Code to add certain streets to Section 3-5-86, to repeal all Ordinances in conflict herewith, to provide an effective date and for other purposes subject to the approval of the Sheriff’s Office and the installation of the proper signage in the area. (Approved by Commission September 2, 2008 – second reading) FINANCE 17. Motion to approve adjusting the rates for the Parking facility at the Marriott Riverfront Hotel from $0.75 per hour to $1.00 per hour, with an increase in the daily cap from $3.25 to $5.00. Monthly rates will remain unchanged. (Approved by Finance Committee September 8, 2008) 18. Motion to approve intergovernmental memorandum of understanding with the Board of Regents and the Housing Authority and the transfer of funds for the acquisition of Gilbert Manor property. (Approved by Finance Committee September 8, 2008) 19. Motion to approve a request to declare certain personal property accounts on the records of this office as insolvent. (Approved by Finance Committee September 8, 2008) 6 ENGINEERING SERVICES 20. Motion to approve award of the contract to I&E Specialties for roof replacement and repairs on the Planning and Zoning building in the amount of $89,306 which is to be funded from SPLOST Phase III funds for the Municipal Building. (Approved by Engineering Services Committee September 8, 2008) 21. Motion to approve the acquitting of equipment that is necessary for identifying the presence of remains in gravesites. (Approved by Engineering Services Committee September 8, 2008) 22. Motion to approve a Deed of Dedication and Maintenance Agreement for the water distribution system in Magnolia Villas, Phase II. (Approved by Engineering Services Committee September 8, 2008) 23. Motion to approve funding of an extension of the Southeastern Natural Sciences Academy (SNSA) Savannah River at Risk study. (Approved by Engineering Services Committee September 8, 2008) 24. Motion to authorize condemnation to acquire title of a portion of property, designated as Butler Creek Upgrade East Project, 3491 Peach Orchard for permanent and temporary construction easements. (Approved by Engineering Services Committee September 8, 2008) 25. Motion to approve an Option for Right-of-Way between Deborah P. Thomas and Brenda T. Tharpe, as owners, and Augusta, Georgia, for the property located at 1046 Alexander Drive for a purchase price of $42,100.00. 0.105 acre (4,571.61 sq. ft) in fee and 0.038 acre (1,666.96 sq. ft.) of permanent construction & maintenance easement. (Approved by Engineering Services Committee September 8, 2008) PETITIONS AND COMMUNICATIONS 26. Motion to approve the minutes of the regular meeting of the Commission held on September 2, 2008. APPOINTMENTS 27. Motion to approve the appointment of Mr. Johnny Hensley to the Augusta Richmond County Coliseum Authority representing District 8. (Requested by Commissioner Smith) PLANNING 28. Z-08-51 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that the site plan must substantially conform to the concept plan submitted with this petition with the access to North Leg being supported but excluded from this condition; a petition by James C. Overstreet, Jr., on behalf of Harry E. Dawson, requesting a change of zoning from Zone R-1A (One-family Residential), Zone R-3B (Multiple-family Residential) and Zone LI (Light Industry) to Zone R-3B affecting property located on the southwest corner of the intersection of Sibley Road and the Seaboard Coastline Railroad line containing approximately 69.13 acres. (Tax Map 055-0- 002-00-0) DISTRICT 5 (Deferred from the September 2, 2008 Commission meeting) Mr. Mayor: We have a motion and a second. Commissioners, vote by the usual sign. Motion carries 9-0. [Items 1-8, 10-27, 28] 7 Mr. Mayor: Okay, Madam Clerk, as we move on to the regular agenda I know that there are different people here for different matters. I would like to go ahead and call agenda item number 33 first. Did anybody, was anybody here for agenda item number 28 for Sibley Road? Okay. But I would like to go ahead and just call item number 33 first. The Clerk: FINANCE 33. Motion to approve recommendations from the Hyde Park Study Subcommittee to include the refund of half of the property taxes for the years 2007 and 2008 for the property owners in Hyde Park with the additional recommendation that children age six (6) and younger from the area be screened or tested for lead poisoning at the city’s expense. (No recommendation form Finance Committee September 8, 2008) Mr. Mayor: Commissioner Grantham. Mr. Grantham: Thank you, Mr. Mayor. And there’s a couple of corrections I will make within this recommendation that subcommittee has given me the opportunity to present. And, Ms. Bonner, we did talk about the age six but we amended that and discussed it after that particular meeting that we would recommend age eight and under. The Clerk: Okay. Mr. Grantham: So I’d like to have that included as is. The Clerk: Okay. Mr. Grantham: In addition to that ladies and gentlemen the proposal and recommendation made by the Hyde Park Subcommittee is in item number one that we propose the reduction to a refund of one-half of the tax of 2007 and one-half of the property tax in 2008 at an estimated cost of $25,000 per year. I have asked our tax assessors office, Mr. Calvin Hicks, to review this and what we have come up with is that the property owner that lives there will be awarded these reductions or refunds. I am not recommending that we use the property owners that live in other locations to receive these rewards and then not pass it along to their residents or their renters that are living there. So it is my recommendation that we have property owners who live in those locations to make application to receive that refund. I hope everyone understands that. Secondly is it we are allocating the SPLOST funding to improve the community infrastructure and the sole remediation that Mr. Russell has given us the approval of an estimated cost of $2 ½ million dollars. In addition to that we are authorizing the beginning of the engineering and the design work on the storm drainage system, which is so badly needed in that neighborhood. And number four item is that we have discussed with HUD and with our own HED Department, Mr. Chester Wheeler that the property owners can obtain grants as well as low cost loans to improve the property that they live in and that grant can be up to $10 million dollars. But application must be made to our HED Department for them to then apply to HUD for the type of grant that they would need. We would also allocate funds in the 2009 budget for the reopening and the operation of the Hyde Park Community Center. We’re funding an $85,000 8 program for that to be done and that we would do that for one year. We would keep a record of the usage of the community center to make sure that those properties are used properly and that the number of people using the property justify the cost involved as far as maintaining. In addition to that we’re allocating funds for the continued cleanup and the demolition of the blighted property in that area. As you know we approved the $125,000 at the beginning of last year for blighted areas and we would use $35,000 of those funds in order to help demolition projects on houses that needed it done in that particular area. We would also proceed with the vision planning in the design charette planning session, which the Army Corp of Engineers and the University of Georgia Fanning Institute has implemented particularly in Washington, Georgia and have proved to be a very worthwhile project and a wonderful place for people to live in that area. As mentioned earlier the number eight item mentioned on this recommendation was to do the testing for lead for eight years and under children in that area. Mr. Mayor this is the recommendation of our subcommittee. We have held several discussions in regards to the neighborhood, we have included the neighborhood, we have asked for input, we have received that. We felt like this was a recommendation that can no longer go unattended. This recommendation is one that I feel very close to and responsible for. That the people of this area, the citizens of Hyde Park has been given so many promises in the past that it is now time for us to step forward and do what we say as a responsible government. So I am in hopes that I can count on my fellow Commissioners to vote in favor of this and that we move forward in assisting Hyde Park to once again become a very viable community. Thank you, Mr. Mayor. Mr. Mayor: Would you like to put that in the form of a motion? Mr. Grantham: That is in the form of a motion. Mr. Jackson: I second it. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioner Mason. Mr. Mason: Yes, thank you, Mr. Mayor. I do want to applaud our subcommittee for the job that they have done in what we’re proposing here today. There is a couple of areas that I would like to just clear up here. And in terms of the proposed reduction on the property taxes I just want to make sure that we’re clear that we are talking about the refund of the taxes from the city and not from the school board. Is that correct? Mr. Grantham: That is correct. Mr. Mason: Okay, I just want to make sure that for the record we’re on what it is that’s going to be returned or what’s not going to be returned. Also I believe that there was a number of properties that were damaged because of the “contamination” and I would just want to insure that those particular parcels of properties if need be if there was something that needed to be done in terms of relocation or move out that that is included in this particular proposal that those particular four properties I believe it was four, perhaps more or less. Whatever the number is I would ask that those properties be included in terms of any relocation that would be necessary because of the contamination. Maybe Mr. Grantham can speak to that. 9 Mr. Mayor: Mr. Grantham. Mr. Grantham: Yes, Mr. Mayor, I think what we need to do is look at item number two which this improves the community infrastructure and the sole remediation. The remediation would be based on those four properties that were talked about not the relocation of people in that property. The only thing that I would suggest that we may have to have temporary relocation until the remediation is completed. But that would be the only suggestion that I would make in any relocation suggestion that it’s strictly temporary until the remediation is done. Mr. Mason: And the last thing I would say on that, Mr. Mayor, is for the folks that live out in Hyde Park um, up until this point basically nothing has been done. And so here we have an opportunity to move forward in some manner. I don’t think there’s 100% satisfaction in terms of what we have laid out here but I don’t think that you can get that with a community that’s divided in terms of perhaps of what you want or what you don’t want. Some want to stay some want to go and so forth. So this government needs to make a decision what is the best thing to do as a whole and so it may encompass every single thing that each and every resident that lives out there would want. But what I will tell you today is this is step one in the process and as we continue to go through this process perhaps as we do our analysis and evaluation there may some other things that need to be looked at and need to be done as we continue to go through this process. And we’ll be looking at those particular things. But I do want to say this is a step one in the process and I think it’s an admirable step to take to begin with and we’ll continue to look further as to what may be needed down the road. But step one and I again applaud the subcommittee for their efforts. Mr. Mayor: Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I would like to say again I definitely appreciate the support from our colleagues here on the subcommittee making this effort possible. I will like to add that we will be revising or revisiting the tax assessment of the property there. We do realize that some of it may have been over assessed so we’re going to, I’ll be talking with our tax assessors office about that and making some adjustments on that. But at this time we don’t have any numbers on it. So we’re going to continue to research that and soon as we get some information on it we’ll definitely notify the community on that. But I definitely thank you all I thank the community for their support in making this possible and their input. Like I said it’s just a step forward and we’re going to continue to move as expeditiously as we can in making this effort possible to bring the community back as a viable community in the City of Augusta. So again I’d like to say thank you for everything and hopefully we have all the support from the Commissioners up here. Thank you. Mr. Mayor: Okay, if there’s no further discussion Commissioners will now vote by the usual sign of voting. Mr. Bowles abstains. Mr. Brigham votes No. Motion carries 7-1-1. 10 Mr. Bowles: Madam Clerk, I, Mr. Mayor --- Mr. Mayor: Commissioner Bowles. Mr. Bowles: --- I’d like to explain that I do have a conflict of interest, a financial interest with a family ownership of property in Hyde Park just so nobody gets any misunderstandings on why I abstained. Mr. Mayor: Thank you, Mr. Bowles. And, Madam Clerk, I think the majority of the people we have here may be here for agenda item #32. Can I get a show of hands who is here for #32? I think that would show there’s a clear majority on that one so I’d like to call for agenda item #32 next. The Clerk: PLANNING 32. Z-08-63 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that the main access on Robert C. Daniel Jr. Parkway must line up with the access to the Best Buy retail development; a petition by James B. Trotter and William A. Trotter III, on behalf of Robert D. Neal Sr., requesting a change of zoning from Zone P-1 (Professional) and Zone B-2 (General Business) to Zone B- 1 (Neighborhood Business) affecting property containing acres 1.1 acres and located on the southeast right-of-way line of Robert C. Daniel Jr. Parkway, 358 feet, more or less, southwest of a point where the northwest right-of-way line of Skinner Mill Road intersects. (Tax Map 023-2-003-00-0) DISTRICT 7 Mr. Mayor: And before we begin discussion on this I do want to state for the record that I am a member of the Property Owners Association in Conifer Place, a dues paying member and I believe after consulting with Ms. Johnson, our legal counsel, that I need to recuse myself from the conversation on this. Is that correct, Ms. Johnson? Okay. And just so there are no questions about that I’m going to turn over the meeting to Mayor Pro Tem Betty Beard to run for this one agenda item. Ms. Beard: Are there any questions in reference to item #32? The Clerk: We need to hear from Mr. Patty and then the petitioner. Ms. Beard: Okay. The Clerk: Mr. Patty. Mr. Patty: This is a triangular tract consisting of two parcels each of them about an acre, 1.1 acres. It’s located in the triangle located between Walton Way Extension and Robert C. Daniel and Skinner Mill Road. And they are the crosshatch parcels you see there. One’s noted as parcel two one’s noted as parcel three. And immediately across Robert C. Daniel you’ve got 11 Best Buy. The only full entrance to Best Buy is located at the back of the, of that property and this is Best Buy right here and these are the two properties in question. And this is a former furniture store it’s going to be one. So what the applicant wants to do is rezone this property from P-1 to B-1. He has testified that he’s had this property on the market for some time as P-1 and unable to do anything with it and was actually turned down for B-1 a couple years ago and now essentially has the same application back in for B-1. We do have some objectors present from the residential areas surrounding the property. They don’t want it to be zoned they have testified and I remember that when the Nixons started releasing this, selling these properties in this area there was a pretty clear understanding that commercial would be limited to the intersections along Walton Way Extension and there’d be a buffer of professional and that’s essentially what you see now. Where I’ve pointed right here is actually the Social Security Office behind Best Buy. This is Social Security and this property is zoned for professional and then the property surrounding this, this is the professional complex at Charlie Norwood developed some time ago. So you’ve got a clear line right now established of professional I mean I’m sorry of commercial a certain distance from Walton Way Extension extending to this line right here behind Best Buy. And on the other side extending to this line right here beyond the furniture store. And then the property actually in the front of the, in the apex of the triangle I’m sorry the front of the triangle is undeveloped, it is zoned B-1 and this property is zoned professional. After hearing both sides of the issue the Planning Commission felt that the appropriate thing to do here is to abide by the existing zoning laws which comes right through here which would favor zoning the front parcel or parcel 3 B-1 and leaving the back parcel P-1 as it’s currently zoned would be the appropriate action. Another thing I forgot to mention is that our comprehensive plan consists of a number of policies and you have to apply those general policies to particular situations and the policies that would apply in this situation are that you limit commercial development to an area within a 500-foot radius of the intersection of the center lines of a arterial street such as Walton Way and a collective street such as Robert C. Daniel. And also a second intersection that would fall under that policy would be the intersection of Skinner Mill Road and the intersection of Walton Way. And the radius you see right here is our GIS radius of 500-feet from that centerline. And as you can see that radius includes most of parcel 3 but very little of parcel 2. So that supports the recommendation of the Planning Commission that you should zone the front part of it B-1 and leave the back part of it P-1. We make that recommendation with one condition and that is that the entrance, the main ingress and egress would be located on Robert C. Daniel directly across from the main two-way entrance into Best Buy right here because Best Buy if you’ve been out in that area you know that there’s a median a raised median on Walton Way and a I believe it’s a painted median on Robert C. Daniel so that the only as I said the only full entrance to Best Buy is back at that back parking lot. That’s our recommendation and I’m sure that the applicant’s and the objectors would like to speak to it. Mr. Brigham: Ms. Mayor Pro Tem, I want to ask George a question. Mr. Grantham: May I ask Mr. Patty a question? Ms. Beard: Go right ahead, yes, Mr. Brigham. Mr. Brigham: George, our agenda item says this property is zoned B-2 not B-1. 12 Mr. Patty: There’s a very small strip and I can’t begin to tell you what the history of this is. But this is a gas station, a very narrow gas station and service station and this entire narrow strip along Skinner Mill Road, which you see right here and I can’t, it’s smaller than my finger. That entire strip is zoned B-2. It’s a very small portion of the property way less than a third of and acre or quarter of an acre but there is some B-2 zoning I did fail to mention that. Mr. Brigham: Okay, that’s what I wanted to make sure of. Mr. Grantham: George what, not being familiar with the zoning restrictions what is B-1. What are they allowed to have in that particular at that P-3 location you’re talking about where B-1 would be qualified? What are they allowed to put there? Mr. Patty: B-1 is Neighborhood Business. It goes back to the days where you truly had neighborhood business where you had mixed uses and you had corner grocery stores, service businesses and that sort of thing. We’ve got a list of thirty some uses that are permitted in B-1 and others are permitted upon approval of the Planning Commission by resolution. But these are generally the things that are the softer businesses, course I don’t have my ordinances so I can’t read them to you. Let me tell you what it would not include. It would not include establishments with entertainment, it would not include auto related businesses, building related material related businesses that sort of thing. Now Mr. Moses has given me the B-1 uses here and I can read them to you if you want. There are 1-32 --- Mr. Grantham: That’s not necessary. Mr. Patty: Okay. Mr. Grantham: I just wanted to get a general idea. Thank you. Ms. Beard: Any? Mr. Bowles. Mr. Bowles: Thank you. I have a question for Steve Cassell this time. We’re eventually going to get to it so I might as well ask it now. The intersection of Robert C. Daniel and Skinner Mill, are there any plans on the city’s behalf to do something to help the flow of traffic in that area? Mr. Cassell: It’s my understanding that they’ve been looking at that for signalization to even closing the portion of Skinner Mill Road for years. Nothing’s ever been put to paper no plans plan have ever been finalized. I’ve discussed with Mr. Brigham and others about even a possibility of roundabout at that intersection as opposed to a signal. Its proximity to the Walton Way signal and with all the tree cover there it makes signalization is almost I hate to say it almost a little bit more dangerous given the existing conditions out there with the curve. But no there are no confirmed plans in place to answer your question. Mr. Bowles: Thank you. 13 Ms. Beard: At this time we’ll hear from the objectors. The Clerk: Do you want to hear from the petitioners? Ms. Beard: The petitioners? The Clerk: Yes, ma’am, then we’ll get to the objectors. Ms. Beard: Oh, okay. Mr. Trotter: Thank you, Madam Mayor. My name is Jim Trotter and along with Bill Trotter we represent Mr. Robert Neal who is here today, the owner of the property in question. And before I get started if I could ask, Madam Clerk, to hand out to each one of the Commissioners and overhead that I’ll put up here to look at. It’s a little bit different than Mr. Patty’s overhead. It’s a little bit more closer up picture of the property we’re talking about. And to review what Mr. Patty just told you he is right, the Planning Commission approved the rezoning of this centerpiece that he referred to parcel 2. They approved the rezoning of that to B-1 and we appreciate that approval. We’d like to request some if not all of the other piece that he referred to as parcel 3. And you see on here that 500-foot line. I’ll get to the importance of that 500-foot line in just one second. The Planning Commission approved that parcel 2 based on the comprehensive plan and as Mr. Patty referred to the comprehensive plan supports the rezoning of property to commercial use within a 500-foot radius or 500-foot boundary of a major road or a major intersection. And we’ve had our own engineers draw that 500-foot line or impose that 500-foot line over the property and we believe based on our engineers stipulations it extends a little bit farther into that upper parcel, that parcel 3 that Mr. Patty referred to. And you can see our representation of that 500-foot line on that overhead and on the map that we’ve handed out to you. So we’re here today to ask you to approve the rezoning if not of the whole piece at least up to that 500-foot line because that request, Commissioners, is in accordance with the comprehensive plan and we believe if we had had a true representation of that 500-foot line the Planning Commission would have approved it up to that point. The line that they did approve it up to you can see a very faint line is the tax parcel line and my client acquired this property back in 2002. There were two separate parcels that’s an arbitrary tax parcel line. He owns the whole thing on both sides of it. As I’ve stated this request is consistent with the city’s comprehensive plan. That comprehensive plan encourages commercial developmental on principal or arterial highways. There can be no doubt that Robert C. Daniel and Walton Way Extension in this area are principal arterial highways. It encourages commercial development in areas with existing infrastructure. There can be no doubt that the infrastructure necessary for commercial development is there already. And it encourages commercial development with buffer zones of professional uses between the residential uses and the commercial use. If we rezone this up to that 500-foot line and keep the rest of it up there professional that’s a professional buffer. The development across the street that Congressman Norwood developed years ago would be a professional buffer and then on the other side of Robert C. Daniel the Social Security Building is zoned professional. That’s a professional buffer between this piece and the Eagle Point of Eagle Trace neighborhood along Skinner Mill Road. There can certainly be no doubt that a B-1 zoning is consistent with the uses and zoning classification of nearby property. I’m sure everybody here is familiar with the properties in this area. In fact in this own 14 little triangle the front piece directly across from Chick-Fil-A is already B-1. The BP gas station on the corner is already B-1 and a portion of Mr. Neal’s property along Skinner Mill Road is already B-1. In this own little island of property we’re surrounded by B-1. Across the street we have Best Buy, across the other street we have Chick-Fil-A, Target and everything beyond that. All of that’s commercial. If we go back up Walton Way Extension a little bit we’ve got the old Harris Teeter building, the Omni building. That’s zoned B-1. That property is actually adjacent to Conifer Place. You’re going to hear from the Conifer residents in just a little bit objecting to this request but that piece that adjacent to the Conifer is actually 600-feet deep. It goes beyond the 500-foot line suggested by the comprehensive plan. We’ve got the new Queensborough Bank being developed a little bit further up Walton Way Extension. That piece is also 600-feet deep and immediately adjacent to Conifer Place. Conifer Place whether they like it or not is already surrounded by B-1 developments. In addition to P-1 development there are buffers there. One thing I want to point out about Conifer Place is the main entrance to that neighborhood is around the street on Wheeler Road. The Skinner Mill Road entrance they’re concerned about is a private gated entrance. It’s an electronic gate to keep people in or to keep people out but it’s not open to the public and Conifer Place along its entire border on Skinner Mill Road has an 8- foot privacy wall they’ve already built up to segregate that neighborhood from whatever development or whatever traffic is along Skinner Mill Road. They’ve already taken the steps because they know the commercial development right out the back gate is already there today. Mr. Russell: Madam Mayor Pro Tem, with our normal custom speakers are allowed five minutes and he’s got about a minute left on that. Just for your information. Ms. Beard: Thank you. Mr. Trotter: I’d be happy to jump forward because one of the reasons we’re here today is traffic. George Patty said at the Planning Commission that traffic is not an issue because Mr. Patty and Mr. Cassell recognized that the zoning from a P-1 to a B-1 is actually a down zoning in terms of traffic because it spreads the traffic out. It’s better through the day and there’s no concentrated peak hour use. In fact Mr. Cassell the City Traffic Engineer said he would focus on the fact that the proposed development is projected to generate less traffic than the current zoning, less traffic than the current zoning of P-1. This property is not going to remain vacant forever and wooded forever. Finally I’d like to say that after the Planning Commission meeting we attempted to meet with some of the neighbors. We called some of the neighbors some of them wouldn’t call me back. We did set a meeting with the Conifer Place Board of Directors. The only one that showed up was Ms. Elaine Clark Smith and she and I had a good discussion. She told me her main objections were traffic, which I’ve just laid out is not an issue and the ultimate end use. They don’t want a liquor store, a convenience store or a motel. And frankly I don’t blame them. We’re here today on the behalf of Mr. Neal to say --- Mr. Russell: Your time’s up, sir, I’m sorry. Mr. Trotter: I’d just like to say in closing that if the Commission would approve up to the 500-foot line that we would restrict those three uses. 15 Ms. Beard: Thank you. At this time we will hear from a spokesperson from the objectors if we have one here. Mr. Russell: If I may, you’re limited to five minutes and because of the additional time we’ll give you an extra minute if that’s okay, Madam Chairman. Ms. Speaker: Thank you very much. I appreciate that. Mr. Russell: Just a second. Madam Mayor Pro Tem, I’ve just been informed there’s probably more than one subdivision here and I’m not to sure if you’re speaking for all of those or if you’d like to split the time between --- Ms. Smith: Yes, I’ll split the time. Let me say who I am and then I will address that. My name is Elaine Clark Smith and I’m the President of the Homeowners Association at Conifer Place. And excuse me? The Clerk: Your address, please? Ms. Smith: I’m at 9 Tall Pine Circle. And I’m actually speaking as a representative of Conifer Place. And I will allow there are other subdivisions who are present here and I will allow time for them to speak as well. I know there are others who want to speak because it’s not just Conifer Place. As you can see we have a number of people here and we have three major concerns they one being traffic and let me address that first very quickly. In regard to the traffic situation on Skinner Mill Road the accident report that we’ve just received which I have a copy of in past 14 months there have been twelve accidents at that intersection that we’re talking about. Some have been very serious accidents. There is also an apartment complex that is getting ready to be built. It is currently being built down Skinner Mill not far from the subdivisions that are represented here, 350-person apartment complex which will increase traffic flow tremendously. The other reason is not so much that our main gate is of course on Wheeler Road but many residents do use the back gate as well because it is an access for many people to get in and out of there. The major issue that we have at Conifer Place regarding this is not only traffic it is the difference between the zoning which can be put there for P-1 and what we currently want is B-1 neighborhood business. There’s a tremendous amount of difference on what you can put there in those particular zoning divisions. We do not feel because we have a very nice residential area in this part of town that we should allow certain businesses. And it might be well for you to actually see the number of businesses that can be built in the B-1 zoning which does include motels. It doesn’t include things that we as residents of Conifer and the other neighboring associations do not want. The other thing is that we have a nice residential area. We also have land for sale beside Best Buy. Best Buy has been put there. The other issue is that was not mentioned there is and in our conversation that I had with Mr. Trotter a right in right out on Skinner Mill which we do not want that for obvious reasons. The traffic already now is, if you’ve never been there you need to go there. There is a little island that we feel like that also needs to be reconfigured. It’s a garden club it has flowers and trees there but if that island were not there it could help the situation somewhat. But our recommendation for Conifer residents is to do this. Hold off on this. Let’s wait and see if Skinner Mill’s going to be widened because I feel like in time it will be. I think that there’s not question with the traffic situation as it is it will 16 have to be widened or something’s going to have to be done there. With this little island that’s there it’s going to be a huge problem. Mr. Newton: I’ll make this real quick. I’m Mark Newton at 52 Conifer Circle. A couple of things just real quick the Hudson’s Nursery and the things that were there long before, nobody’s ever asked anybody who already something zoned commercial or B-1 to go back and change it because the neighborhood was built next to some of it. So that’s really not really and issue. One of the things we had seen was that the line that you see there with Best Buy right here coming across there would probably be the maximum I would think would be B-1. It lines up with the other areas. They’re having a hard time selling that other piece, it’s been for sale for some time that directly abuts Eagle Point and just because somebody I think it was purchased as P-1 when the properties were purchased. But nobody’s asking anybody to go back from what they purchased but at the same time we’re asking that the stuff that was P-1 that at the most it would go along that line that doesn’t. One last thing on the Omni that used to be Harris Teeter it actually has a 150-foot natural untouched buffer. It was a condition of its approval so nobody really approved any zoning change. Obviously things existed prior to Conifer Place and other neighborhoods in the area, Park Place, Eagle Point but these are ones that, there’s a limit. Just because 500 feet is mentioned doesn’t mean it ought to go, just automatically go all the way to the neighborhood. And we think that it would be better to move it. Not include all of parcel three but just the part that’s directly across from Best Buy and the other B-1 zoning. Ms. Beard: Thank you. Ms. Reardon: My name is Marlene Reardon at 48 Eagle Point Court and I just want to state that this gentleman never contacted any residents of Eagle Point. I’m the president of the association. Also I believe when they talk about having the driveways line up on Daniel Parkway I think they’re talking about the driveway that is the delivery entrance to Best Buy not the store entrance to Best Buy because that is down closer to Walton Way Extension. That would be the delivery entrance or the entrance to the Social Security office and I believe that might take it past their property. Ms. Beard: Thank you. Ms. Given: I’m Bonnie Given I live at, I’m a new owner at 40 Conifer Lane and I don’t know if I can read that or not. But that was written by me just early this morning and I have been living with this for 44 years from a tragic accident that killed my husband and we had two little children. And a fatal accident is very hard. It’s never settled in your heart. And to read through that I saw men and women cry for the first time. Walter Williams just in this morning’s paper writes and he quotes the English philosopher Hebert Spencer. The ultimate result of shielding men from the effects of folly is to fill the world with fools. Now to bail out, protect Mr. Neal’s folly of a real estate investment near our outside gate of Conifer Square is foolhardy. Now I have lived a long time and it’s not for the old people and all the old people are here. Not the young people, they’re out working. In our area we’re all working. The young mothers and the young fathers and we need to make a safe exit for them because if a doctor gets a call from the hospital, Doctors Hospital is right down the way. You don’t go out to Wheeler Road and go up. You go right out that gate. All of us go out that gate and if you take a left on that gate it is at 17 your, at your peril. So it’s up to you if you’re going to let one man who has made a bad investment --- Mr. Russell: Your time’s up, ma’am, I’m sorry. Ms. Given: Thank you. Mr. Russell: Is that the total time? Ms. Reardon: Just one point. Eagle Point Subdivision only has one entrance, the one entrance and exit and that is on Skinner Mill Road which is 30 feet from that point. Mr. Russell: The total time allowed for rebuttals is up and I apologize. The Clerk: --- count the objectors? Ms. Speaker: (inaudible) Mr. Russell: No, ma’am, I’m sorry the time’s up. It might be appropriate now to get the count the number of objectors, ma’am. Ms. Beard: Fred, would you mind? If you are an objector, will you please stand. Mr. Trotter: --- any rezoning of either parcel not the half and half. (26 objectors noted) Ms. Beard: Thank you. Mr. Trotter: Madam Mayor, there were obviously some objectors there. If the Commission would like me to I’d be happy to answer several of those points they raised. Ms. Beard: Fred uh --- Mr. Russell: The time is up but I think at this point it would be appropriate for the Commission to have their discussion in reference to this. Ms. Beard: I think first we should probably see if we have any supporters. Mr. Russell: You’re right, I’m sorry. Any supporters? Mr. Trotter: Obviously my client, me and his real estate agent. (3 supporters noted) Ms. Beard: Commissioners? Mr. Grantham. 18 Mr. Grantham: Thank you, Mayor Pro Tem. What um, what I heard at the end of Mr. Trotter’s presentation is that I think one of the questions that was raised by the Conifer Homeowners Association was that they were concerned about the type of businesses that might go there be it motels, liquor stores as well as convenience stores to eliminate that type of clientele to come into that area. I too live not far from there myself and I used to live across from Wheeler Road. With that understanding and from what the, from what the Planning Commission has done in approving a parcel of this land to go to B-1 it would be my recommendation that it be restricted to exclude those usage of those three particular businesses to come into that area. And I would hope that that would be somewhat more acceptable to the neighborhoods since it has been explained by Mr. Patty and Mr. Cassell in regards to the traffic that this might be somewhat less with businesses than it would be concentrated with professional traffic. So if that’s the case and I just wanted to get that type of dialogue or understanding if that’s what I’m hearing from one side is that what I’m hearing from the other. Ms. Smith: Madam Mayor, may I address the question please? Ms. Beard: Ma’am, you’re not supposed to but one minute. Mr. Grantham: --- question, Madam Pro Tem. Ms. Beard: Go right ahead. Ms. Smith: We spoke, when I met with the Trotters and Mr. Neal we spoke about this. Our concern as residents are these. We did talk about some sort of compromise as far as if it were rezoned that we put stipulations as to what should and could not go there. The concern I have after talking personally with Mr. Neal is that we wants to sell the property, he doesn’t want to develop it himself and my question is this. If he sells the property and it goes to another party do our stipulations for the rezoning still apply? Mr. Grantham: Yes. Ms. Smith: Okay. Mr. Grantham: It follows the property the way I understand it. Is that correct, Mr. Patty? Yes, the stipulations follow the property. Ms. Beard: If there are no other concerns, Mr. Brigham. Mr. Brigham: Ms. Beard, I know Mr. Trotter addressed going to the 500 length. I don’t believe that, I believe that would require two zonings on a single parcel of property and I don’t believe that that is the case anywhere in this county. I would like Mr. Patty to tell me otherwise if that’s the case or not. 19 Mr. Patty: Actually it is done. In some situations for instance along arterial highways we’ve got a strip zoning that runs 400 feet from Washington Road is a good example. And that strip doesn’t follow the property lines in certain situations so we could do what she asked. Mr. Brigham: Good but the majority of the time it does follow the property line. Mr. Patty: We would love for it to follow the property lines if possible but it doesn’t necessarily have to. Mr. Brigham: Okay, that’s what I wanted to clear that up. The other thing as far as the island at Skinner Mill Road that island is there because Conifer Place requested about seven or eight years ago. That is why it’s there to start with. So let’s don’t argue for it one time and argue against it the next time. That island was put in at the request of Conifer. Okay, I just think we need to remind them of that. We can’t have it both ways. But we got it and we’re going to keep it. Now I do believe that we need to make some kind of traffic improvements in the intersection and I will argue that and fight for that change with my Commissioners and with my traffic engineer and anybody else I need to do it with. Ms. Beard: At this time I believe we’re ready to vote. Mr. Grantham: Nope, we don’t have a motion yet. Ms. Beard: Oh, I’m sorry. It’s been a while. May I have a motion? Mr. Jackson: So moved. Mr. Holland: What are we voting on? Mr. Jackson: Approval with the restrictions. Mr. Mason: What are we voting on? Mr. Grantham: Move with the restrictions. The Clerk: The restrictions stated by the Planning Commission or the ones that Mr. Grantham said. Ms. Beard: I thought it was in reference to what is here --- The Clerk: Okay. Ms. Beard: --- as stated. Okay I’m sorry. Mr. Grantham: Yes, ma’am, Mayor Pro Tem, let me ask Mr. Jackson if he were to retract that motion and I’d like to make a motion allowing his motion. 20 Mr. Brigham: (inaudible) Mr. Grantham: You didn’t get a second so it died. So I’m going to make one that we That we approve the need to get in some parliamentary procedures around here. recommendation fromthe Planning Commission with the restrictions that there be no motel, no alcohol service stores or convenience store located on this property listed as B-1 . And I hope that will be in keeping with the neighbors as well as the people that are involved in the businesses by restricting it to that degree. If he can sell the property to someone else than I think that’s to his advantage. Mr. Trotter: Can I ask for a point of clarification on the motion? Mr. Brigham: I need a point of clarification. Mr. Trotter: Is that up to the property line the tax parcel line that the Planning Commission approved or up to the 500 foot line? Mr. Grantham: Up to the property line that the Planning Commission approved based on B-1 restriction. Following the guidelines of the Planning Commission. Mr. Patty: Before you vote on it we’re going to have to sort this out later, which we always do. You mentioned service businesses. Can you be more specific? Mr. Grantham: Well, service businesses. What I said was no motels, no alcohol stores, liquor stores and no convenience stores. Let’s be specific then. Ms. Beard: And that is your motion, Mr. Grantham? Mr. Grantham: That is my motion. Ms. Beard: Do we have a second? Mr. Brigham: I’ll second Mr. Grantham’s motion. Ms. Beard: Okay, let’s please vote by the usual sign of voting. Mr. Mason and Mr. Smith vote No. Motion carries 7-2. Mr. Mayor: Thank you, Madam Mayor Pro Tem, for handling that agenda item in the proper fashion. Okay, Madam Clerk, I believe the next agenda item or the first on our regular agenda is item #29. The Clerk: 21 PLANNING 29. Z-08-56 – A request for concurrence with the Augusta-Richmond County Planning Commission to deny a petition by Michael Thurman requesting a Special Exception to establish public parking per Section 8-2(b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property located as follows: Tract A – contains three land parcels totaling .7 acres having present addresses of 1239 R.A. Dent Boulevard. (Tax Map 046-3-249-00-0, 046-3-185-00-0 & 046-3-184-00-0) Tract B – contains two land parcels totaling .27 acres having the present addresses of 1223 & 1227 Augusta Avenue. (Tax Map 046-3-253-00-0 & 046-3-252-00-0) DISTRICT 1 Mr. Mayor: Mr. Patty. You’re earning your keep today. Mr. Patty: I try. This property is a combination of small lots totaling about seven-tenths of an acre right behind the daycare. It’s been there for a long time at the intersection of Augusta Avenue and Laney Walker Boulevard. The property owners have assembled this property for the purpose of doing some development on down the road and they want to develop it as an interim use for a surface parking lot. They propose to do the minimum improvement to the property and use it for parking catering to the Medical College of Georgia. And they can do that by a Special Exception rather than rezoning the property and that kind of softens it up from commercial zoning which would otherwise have to be. Having said that, we had a number of objectors. I’ve got a petition in opposition to it a page of names of people that appear to live in the area they’re addresses are in the area opposed. We had testimony at the hearing opposed to it and a neighborhood organization was there opposed to it. I think the opposition is twofold really. First there are some pretty nice houses in the area remaining. This actually wraps around two of them. Antioch is doing some nice work in the general area. They were opposed to it. And also it sort of begins a gentrification of that area by jumping across Laney Walker that while the parking lot itself may not be a bad thing or an intrusion it sort of enters a slippery slope over there and I think that’s what the main consideration was. Mr. Mayor: Can we hear from the petitioner? Mr. Thurman: Good afternoon. Michael Thurman, 1913 Wrightsboro Road. We bought some property on Augusta Avenue and on Holly Street. To give you an example of what was there we tore down these buildings talked with Antioch Church as well as Mr. Wheeler and explained to them what we wanted to do. We came to an agreement of building a fence and putting a sign up for the neighborhood. This property is located, most of it is located within 100- feet of the train tracks and they said that they cannot build within 100-feet of the train tracks these new houses that they’re doing. They can’t get government grants for that reason. So they gave us an agreement that we could do it. Talked with the neighborhood went door to door with everyone for a four block radius. Got no objections and within an hour before the meeting we got a call from Antioch saying that they changed their mind and we had an hour to prepare to be bombarded. So here we are today to show that there’s a business right next door that is a child care facility and they’ve asked and gave me a letter asking that they be able to use some of the parking for their facility. And we want to take this area which is between a childcare facility here, an elderly care home here and an apartment complex here. And a train track all the way here and we want to take these shaded areas and turn them into parking for both MCG, the 22 childcare, overflow parking for Laney Stadium, which I understand a couple weeks ago somebody took it upon themselves and charged to park on our property. So we’re, there’s also a parking lot, you can’t see it on this paper but there’s parking up here. Antioch tore down some houses and put a parking lot so that they had parking. So we’re not coming in trying to change the neighborhood we’re just trying to improve it. MCG is building all sorts of stuff right here, there’s no parking. They have to walk two blocks down the street, which they’ve acquired Laney Stadium parking lot and it’s full to capacity. People are parking up and down the street. So we’re offering to relieve some of that congestion. Example of parking. These were taken about three weeks ago. And we just want to provide something better for the neighborhood. You can’t build houses on that or lease Antioch who is doing the neighborhood can’t. So we thought that doing this following the city’s tree ordinance we’ve gotten the drawings which I have here of buffers, the privacy fences around the homes that are there, night security through Sizemore. We’ve tried to do everything we just want to be able to use this idea. Mr. Mayor: Okay, thank you, sir. Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I do believe that it is a problem with parking at MCG and also I guess the building that they’re doing is defiantly going to take more, it’s going to bring in more people so it’s going to require more parking. I just don’t like the concept the way this is scattered through the community and I just think there needs to be a collaborative amount of property acquired to maybe build a successful parking lot but I think more than anything we need to start looking at parking decks for some of these because I don’t care how many areas we’re acquiring in that area there still won’t be enough to accommodate the amount of people that attend MCG. I just don’t think the way that this is set up it’s not going to be conducive for the community and also how safe will it be for the community as well. Thank you. Mr. Mayor: Commissioner Beard. Ms. Beard: Mr. Mayor, I think before we make a decision here we probably need to speak with Mr. Wheeler. Because that is one of the areas we’re revitalizing and it’s uh, the lots across the street that we’re trying to obtain for a gateway into the Laney Walker area. So we would want I’m pretty sure that area to be very nice. And I know they have many houses that will be going in. So uh, I do think we should get with him before a decision is made there. Mr. Mayor: Apparently Mr. Wheeler has left the building. Mr. Brigham: Mr. Mayor, is there objectors or --- Mr. Mayor: Do we have any objectors here or anybody who would like to speak on behalf of the surrounding neighborhood? Ms. Beard: Well in that case I’m speaking in behalf of Antioch and that area because I know we’re revitalizing it. We’ve built three or four houses in that area and it is one of the ones we’re beginning with. And for that reason I think the best thing would probably be to refer it back to committee so that we can review this and make some decisions. 23 Mr. Mayor: With input of Mr. Wheeler. Ms. Beard: Yes. Mr. Mayor: Okay. Would you like to put that in the form of a motion? Mr. Grantham: What is the motion? Mr. Mayor: What’s that? Mr. Grantham: What is the motion? Mr. Mayor: To refer it back to committee so that we can get Chester’s input on that. Mr. Mayor: Would you like to put that in the form of a motion? Ms. Beard: So moved. Mr. Mayor: Do we have a second? Mr. Johnson: Second. Mr. Mayor: Okay, we have a motion and a second. Mr. Brigham: Mr. Mayor? Mr. Mayor: Commissioner Brigham. Mr. Brigham: Did I hear the petitioner say Antioch was going to use this for parking? Mr. Mayor: No. Mr. Brigham: I want to be sure I didn’t hear something. Mr. Thurman: They have parking just a block down the street. Mr. Brigham: Who was it that objected to it that turned around and asked to use it for parking? Mr. Thurman: Antioch agreed to it until like I said an hour before the committee meeting and then called and said that they’ve had some objections so they changed their minds. Mr. Brigham: Daycare had asked to use it for parking, additional parking? 24 Mr. Thurman: I have a letter here from the daycare owner asking especially for the one right next to his so he could use it for additional parking because he has none whatsoever. Mr. Mayor: Okay, we have a motion and a second. If there’s no further discussion Commissioners will now vote by the usual sign. Mr. Brigham: What’s the motion? Mr. Mayor: To refer it back to committee in order to get further input. Motion carries 9-0. Mr. Mayor: Okay, next agenda item, Madam Clerk. The Clerk: PLANNING 30. Z-08-60 – A request for concurrence with the Augusta-Richmond County Planning Commission to deny a petition by Sadhna Bhardwaj requesting a change of zoning from Zone R-1C (One-family Residential) to Zone P-1 (Professional) affecting property containing .22 acres and is known as 543 Highland Avenue. (Tax Map 033-2-189-00-0) DISTRICT 1 Mr. Mayor: Mr. Patty, I think every, everything’s yours today. Mr. Patty: I want to point out to y’all we haven’t had four denials in the last five years so bear with me here. This property at the intersection of Royal Street and Highland Avenue. It overlooks the parking lot of Wife Saver and Wife Saver of course fronts the intersection of Highland and Wheeler Road. And so you’ve got the commercial block face essentially there constitutes the Wife Saver and you begin the residential properties going south on Highland Avenue that go all the way to Walton Way and all the way to Central Avenue. What we look for in zoning is some sort of a tangible boundary to stop one type zoning and start another. And that can be a natural boundary like a stream or a some sort of other natural boundary or a street. And the ideal, and that’s the ideal situation. And you’ve got it here because this property is across the street and it starts in at the residential area. There’s really no other logical stopping point for non-residential zoning. And this applicant has owned a home for some time at this location and she’s testified that they’ve had a series, there’s and excessive amount of crime in the area and she doesn’t feel safe living there and the solution is to convert it to a beauty shop. Now we checked the crime statistics and of course there is crime in the area but it’s not excessive, it’s no worse than a lot of other neighborhoods. And our objection to this is there’s no other place to stop the non-residential zoning issue and it will creep up Highland Avenue if you approve this. The house next to it, the driveways are on opposite sides and the house next to it is very, very close to this house. There’s no way that house is going to be suitable for residential use if this one gets zoned. We did not have any objection to this one. 25 Mr. Mayor: Okay, can we hear from the petitioner or is the petitioner here? We’ll take, we hear from the petitioner first and then any objectors. Ms. Bhardwaj: I’m Sadhna Bhardwaj. I live at 543 Highland Avenue and requesting this rezoning. There’s a lot of, it’s very close to the commercial area, lot of traffic and a lot of crime. My house has been broken into like three times. And I live with my two children seventeen and eight and it’s not safe and I’ve already planned to move out of this property and requesting the rezoning so that I can open up a hair salon or something like that. Thank you. Mr. Mayor: Okay. Thank you, ma’am. And did we have somebody to speak? Yes, ma’am. Please, come to the microphone and state you name and address for the record please. Ms. Lassiter: I’m Geneva Lassiter and I live at 547 Highland Avenue. That’s two doors up from this property that’s up for rezoning. And we the neighbors of that neighborhood we’re opposed to it being rezoned. I have lived there for 40 years in that house and like the first gentleman stated if this is rezoned they’re going to keep on and they’re going to move all of us out. I am a widow, I have no place to go and as far as the neighborhood being crime, we have crime all over. But the residents of Royal Street and Highland Avenue we object to the rezoning. Mr. Mayor: Okay, thank you, ma’am. Commissioners? Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. I know about this particular neighborhood, in this area. I’ve been in this area quite often. So at this time, Mr. Mayor, I would just simply like to and make a motion that we deny this petition on the grounds of the concur with Mr. Patty information that we received from Mr. Patty. Mr. Mason: Second. Mr. Mayor: We have a motion and a second. Is there any further discussion? Commissioners will now vote by the usual sign. Motion carries 9-0. Mr. Mayor: Okay, Madam Clerk. The Clerk: PLANNING 31. Z-08-61 – A request for concurrence with the Augusta-Richmond County Planning Commission to deny a petition by William Dixon requesting a change of zoning from Zone R-1B (One-family Residential) to Zone P-1 (Professional) affecting property containing .13 acres and is known as 1937 Julius Avenue. (Tax Map 058-4-406-00-0) DISTRICT 2 Mr. Mayor: Mr. Patty. 26 Mr. Patty: This is a similar situation as the last one. It’s located just off Julius Avenue and it’s a little street essentially an alley that runs between Kent and the next street south off of um, I’m out of gas here. Mr. Grantham: Grant Avenue? Mr. Patty: Grant Avenue, yeah. I’m sorry not Grant Avenue, there you go. And it’s, while it’s not, there’s some commercial in the area but this is back in the neighborhood. It’s back two blocks into the neighborhood and it’s surrounded by residential property. It’s kind of a unique situation in that the owner’s parents resided in this home for some time. They because of crime in the area they gave up on it. It was abandoned. I don’t know if she’s here or not but she’ll testify she wants to move back in to it and fix it up and occupy it as a beauty salon. That’s certainly got merit but our planning suggests that it should not be approved it should remain residential. Once again it’s a precedent you set in the neighborhood if you approve it. Mr. Mayor: Okay, is the petitioner here? Okay Commissioners? Commissioner Johnson. Mr. Johnson: Thank you, Mr. Mayor. I did have an opportunity to speak to the young lady that called me in reference to this. And I didn’t have a whole lot of advice to give on this. You know the property is vacant now. I hope that they can get somebody to occupy the property. I do agree that it’s definitely inside the community and it sets a precedent if we do go into the community allowing it to be rezoned as a business and it could affect future endeavors So I would like to put it in the form of a motion that we deny it at this throughout that area. time. Mr. Smith: Second. Mr. Mayor: We have a motion and second. If there’s no further discussion Commissioner’s will now vote by the usual sign. Mr. Jackson out. Motion carries 8-0. Mr. Mayor: I have been informed by Ms. Johnson that we do not need a legal meeting today. So with no further business to come before the body we stand adjourned. Good meeting everybody. [MEETING ADJOURNED] Lena Bonner Clerk of Commission 27 CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on September 16, 2008. ____________________________________ Clerk of Commission 28