Transcript
AI TRANSCRIPT
This transcript was generated automatically from audio using AI and hasn't been reviewed by a person — it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.
[0:18]
Thank
[0:28]
you. We appreciate it. We know we've got a full house tonight.
[0:34]
Might help if I turn
[0:35]
the microphone on.
[0:40]
We've got a full house tonight. Just bear with us. On normal nights, we don't
[0:49]
really see that many of you, but it's good to have you here. I'm glad you're here.
[0:55]
Um, one of the things, uh,
[1:02]
if you, if you yell again, I'm going to have you escort it out.
[1:05]
So please he's talking as loud as he can.
[1:12]
We can have the microphones turn up.
[1:16]
Travis, please turn the microphones up.
[1:25]
Okay, let's, let's, let's bring it back down.
[1:28]
we're not here to be controversial or to be mean to anyone. We are here to handle the
[1:37]
business that is before us tonight and we're going to do that. We're going to do our very best
[1:43]
to be as respectful to you and we would expect the same.
[1:51]
I would again call the meeting to order
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and I note that if anyone wishes to address the board that they will be
[2:00]
afforded three minutes at the appropriate time based on the meeting rules.
[2:04]
Please be mindful of your time to give others an opportunity to address the
[2:09]
board. At this time we're going to go into our Pledge of Allegiance and our
[2:15]
invocation. Hang on just a second let me tell you what we're going to do
[2:21]
with the invocation. Our commissioner,
[2:24]
Al Smith, is at home recuperating
[2:29]
and we're glad that he has joined us
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via Zoom or whatever they call it.
[2:35]
But he is here and he is also
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our appointed chaplain and I'd like to ask him
[2:42]
after the Pledge of Allegiance if he would lead us in a word of prayer.
[2:47]
All right. What'd you say?
[2:52]
I pledge allegiance to the flag of the United States of America and to the Republic for
[2:58]
which it stands, one nation under God, indivisible, with liberty and justice for all.
[3:06]
All right. Please remain standing. And if you don't mind, just pray what you hear me.
[3:15]
I'm trying to talk loud as I can. Can you hear me now?
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Let us pray, righteous God, Lord we come before you tonight as your body, Lord we know that
[3:30]
we are the church, we pray that you would bless this meeting, bless each one of us who
[3:34]
are attending the meeting, bless the ones who are on their way, bless the ones who would
[3:38]
like to be there if they could and bless the ones who don't even care to come, Lord.
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We pray that you will send us to them to take a message of repentance and forgiveness
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And we will be careful to give you all the praise, honor, and the glory because you are worthy and you are able, in Jesus' name, amen.
[3:57]
You may be seated.
[4:07]
I do have to say that's one of the first times I've ever been told that you couldn't hear me.
[4:13]
Because usually folks are saying I'm too loud.
[4:20]
Let's again the rules governing the commission meeting are available on the
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county's website and on the table in the lobby located outside the meeting room
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doors commissioners are there any announcements or comments from the
[4:36]
commissioners this time we'll
[4:41]
go into our regular session the approval of the
[4:44]
minutes request approval for the minutes from the regular meeting
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session held on April the 1st of 2025. Do I have a motion? Motion to approve.
[4:54]
Second to motion. I have a motion and second any discussion. All in favor say
[4:58]
aye. Aye. All right.
[5:05]
Does any commissioner or staff or our attorney know of any non
[5:10]
agenda items to be added to the agenda? Mr. Chairman, we do have one item and
[5:14]
that is to request to cancel and reschedule the upcoming work session
[5:18]
that was planned for April 22nd until May 6th.
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Okay.
[5:23]
And we'll vote on that at a later time.
[5:26]
All right, now it's the time we've...
[5:28]
I'll make a motion to add that to the supplemental.
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Second.
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I got a motion to second.
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Any further discussion?
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All in favor say aye.
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Aye.
[5:39]
Aye.
[5:40]
All right.
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Carries unanimous.
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We're going into the public hearing.
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this is probably what a lot of you are here for so again remind you that you're
[5:54]
here those of you that will be speaking you're here to address us and not the
[5:59]
crowd so please make all your comments to the chair thus the board makes it go
[6:10]
a lot faster and easier. If you do have comments, please whisper if you have to
[6:20]
make a comment to someone near you, but we need to keep a decorum in the in the
[6:29]
meeting. All right. Item number two is a public hearing regarding petition
[6:35]
number REZ 24-14 filed by North Caledon investors LLC requesting to resume property located along
[6:44]
State Route 14 and US Highway 29 Weldon Road and Johnston Circle. This is District 3 and 4.
[6:54]
Our Assistant Community Development Director Mr. Ben Sewell is going to make
[6:59]
the presentation for the county. Good evening Mr. Chairman and Board of Commissioners.
[7:05]
Can you gentlemen hear me okay? Yes, I hear you.
[7:09]
As you have referenced this item before you is rezoning petition 24-014 submitted by North Caledon investors
[7:18]
and is referred to as Project Peach.
[7:21]
The subject property is an assemblage of the seven tax parcels that are on the bottom of this slide
[7:28]
totaling approximately 326 acres.
[7:31]
The property is currently zoned rural conservation.
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The applicant is requesting to rezone the property to light industrial to develop a data center campus.
[7:46]
The property is located near the intersection of Highway 29 North and Weldon Road.
[7:52]
The western portion of the site spans both sides of Johnston Circle.
[7:56]
As proposed, the development would remove a portion of Johnson Circle whereas currently connects to Highway 29.
[8:06]
Accordingly, the applicant is planning to abandon that section of Johnson Circle.
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The proposed plan includes a primary and secondary entrance off of Weldon Road as well as a secondary entrance off of Highway 29.
[8:23]
The site is bound to the southwest by the Palmetto North Industrial Park.
[8:31]
It is bound to the north by the city of Palmetto with primarily undeveloped property and it
[8:38]
is bound to the southeast by large estate lots.
[8:47]
The conceptual site plan submitted with application proposes eight separate data center buildings
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with individual building sizes ranging from 150,000 square feet to around 350,000 square feet.
[9:00]
In total, the site would include approximately 2.1 million square feet under roof.
[9:06]
Additionally, the plan indicates a roughly 13-acre pad for an electric substation.
[9:12]
This substation would be located near the current northern entrance of Johnston Circle and the railroad tracks.
[9:19]
These
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are photos of the site from that perspective at Johnson Circle looking
[9:28]
across to the Palmetto Baptist Church. The photo to the bottom left is from the
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Palmetto Baptist Church looking back into the site and the photo at the top
[9:39]
right is looking north toward the town of Palmetto from that intersection.
[9:47]
This site is internal to the site approximately where the cul-de-sac
[9:52]
for Johnson Circle will be implemented if approved and
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this is a photo of the
[10:03]
site from the Weldon Road perspective. Weldon Road is predominantly overstory
[10:08]
forest with exception of this drive cut into the site.
[10:15]
These are proposed
[10:16]
renderings submitted by the applicant of what the development should look
[10:21]
like after construction.
[10:27]
As you know amendments to the zoning map are
[10:29]
reviewed by 14 standards under Article 29.
[10:32]
Staff has chosen to highlight four standards that are most
[10:35]
applicable to this application.
[10:37]
According to the comprehensive plan, the subject property is
[10:40]
located within the priority development character area and
[10:43]
lies within the growth priority tier as shown on the growth
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strategy map.
[10:49]
Number two, the priority development character
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area indicates that new development should be
[10:53]
designated with multiple entry points to avoid creating
[10:57]
stress on high traffic roads. It is important to ensure that water sewer and
[11:02]
road infrastructure are provided concurrently with the development. Most
[11:06]
of the permitted uses within the light industrial district would not be
[11:10]
supported in these character areas. Number three, the growth priority tier
[11:15]
indicates that existing communities should be protected from adverse
[11:19]
impacts of new development with greater intensity of land use. It
[11:24]
recommends that industrial development should occur in existing industrial
[11:28]
districts where necessary improvements are already in place. Based upon the
[11:33]
above information, the comprehensive plan does not support the industrial
[11:38]
zoning for this area. However, it's important to note that when the
[11:42]
comprehensive plan was adopted in 2021, data centers were only beginning
[11:46]
to emerge as a topic of discussion in the county and were not
[11:50]
significant considerations in land use planning.
[11:57]
Should this board choose to
[11:58]
approve the rezoning request, community development submits the following 21
[12:03]
conditions for consideration. I'm going to try to read these as quick as
[12:08]
possible and you gentlemen feel free to stop me if you have any questions as
[12:13]
we go along and I'm going to see if I can minimize Commissioner Smith so that
[12:19]
I can read the conditions in verbatim.
[12:22]
Number one, the subject property shall be conditionally zoned for a data center operation.
[12:27]
Number two, all Calvary to County Code of Ordinances shall be adhered to unless a variance is granted through the normal review process.
[12:33]
Number three, the developer shall donate right of way from PID 1177065005 to allow for the relocation of Palmatta Tyrone Road at its intersection with Weldon Road
[12:46]
from its current location to a 0.220 feet east of the existing intersection.
[12:51]
The developer shall also contribute $1 million to the county to be used for the design and
[12:56]
construction of the intersection relocation and intersection improvement project.
[13:01]
Number four, intersection and stopping site distance that meets AASHTO requirements
[13:07]
must be provided for proposed driveway A. A left turn lane and right turn lane will
[13:13]
be required on Weldon Road at Driveway A. Number five, the developer shall contribute
[13:19]
$25,000 towards the cost of signal timing modifications at the intersection of Collins
[13:24]
Worth Road and Tingle Lane. Number six, construction traffic to and from the development
[13:30]
or associated with the development shall not utilize Johnson Circle to travel to or from
[13:34]
the development tract.
[13:48]
Excuse me. Number seven, if traffic issues arise during construction
[13:52]
of the project due to construction traffic. The developer shall design and construct left
[13:57]
and right turn lanes at Site Driveway B along Weldon Road. Site Driveway B shall remain gated
[14:04]
after construction. Number eight, the proposed rejection lane at Site Driveway A shall be
[14:10]
constructed as a one-way drive to accommodate outbound traffic only. Number nine, the developer
[14:17]
shall design and construct a cul-de-sac at the intersection of Johnston Circle and
[14:22]
In the existing property line,
[14:25]
the portion of Johnson Circle within the property shall
[14:28]
be abandoned by the county.
[14:30]
The developer shall donate right-of-way for future maintenance of the cul-de-sac.
[14:34]
The proposed emergency access to Johnson Circle shall be gated.
[14:38]
Number 10, the applicant shall coordinate with public works and provide all required
[14:44]
documentation for the portion of right-of-way abandonment along Johnson Circle to be
[14:48]
approved by the Board of Commissioners.
[14:51]
11. All road improvements shall be constructed prior to the issuance of the first certificate
[14:57]
of occupancy for the development.
[15:00]
12. All work within the right-of-way shall meet current Ashto County and GDOT standards.
[15:06]
13. The developer shall perform all required improvements included in the Greta Notice of
[15:12]
Decision for DRI no. 4301.
[15:17]
14. The subject site shall be served by municipal sewer and water.
[15:22]
Number 15.
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Buffers adjoining all RC zone districts shall be 100 feet.
[15:30]
A buffer evaluation shall be required to determine if any additional plantings are needed to support the requirements.
[15:36]
Prior to any planning, the plan must be approved by the Community Development Department.
[15:41]
Number 16.
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The 75-foot setback shown on the conceptual site plan along the property's frontage with
[15:49]
Highway 29 and Weldon Road shall be maintained as a buffer, as typically required by Article
[15:55]
25 of the Zoning and Development Ordinance.
[15:58]
The developer shall work with the development review staff to identify areas where existing
[16:02]
vegetation is insufficient for effective screening.
[16:06]
Where deficiencies are found, additional planning shall be installed to ensure
[16:10]
adequate visual screening from the roadways. This roadway buffer shall extend along the
[16:15]
entire frontage except at designated entry corridors. Each drive entrance corridor shall
[16:21]
be no more than 200 feet wide in total measured as 100 feet on each side of the centerline
[16:26]
of the entrance drive at the right-of-way. Number 17, the permit applicant shall be
[16:32]
responsible for stormwater management meeting the requirements of Chapter 30. For each
[16:40]
For each sub-basin and each shall be studied at points where each sub-basin leaves the
[16:45]
proposed development's property.
[16:48]
Additionally, it is required that runoff reduction practices be implemented, upgraded from the
[16:53]
detention retention pond to help avoid maintenance concerns and provide a treatment-train approach
[16:59]
as intended by the ordinance.
[17:00]
Number 18, exterior materials shall consist of architectural precast panels complemented by metal panels and glass elements to provide visual contrast as proposed in the rendering submitted with the application.
[17:18]
To minimize the traffic impact during the construction phase, the developer shall work with staff to provide on-site temporary parking and services for construction employees.
[17:29]
Such services may include restrooms, food service, and shaded seating areas.
[17:35]
Number 20, all site and building lighting shall utilize full cutoff fixtures to prevent glare or direct illumination onto adjacent properties and streets.
[17:46]
And lastly, number 21, the applicant shall obtain a land disturbance permit within 18 months beginning the next business day following approval by the board.
[17:55]
board. If the applicant fails to do so, the board may initiate rezoning of the property
[18:00]
back to the Royal Conservation District.
[18:06]
That concludes staff's presentation. I'll leave
[18:08]
the site plan up with the driveways marked. If you have any questions for staff, we'll
[18:13]
be glad to answer them, or we'll pass it along to the applicant.
[18:18]
Can you bring Mr. Smith back on the screen?
[18:35]
Okay.
[18:38]
students to be can you hear me now not not much more than what we did a while
[18:48]
ago it just I'm trying to work with the volume on this thing okay
[18:59]
do
[19:04]
my fellow
[19:05]
commissioners have any questions they'd like to ask mr. Sewell at this time
[19:14]
does the applicant wish to speak okay come forward would you please and give to
[19:25]
the unless you need the computer there okay give give us your name and your
[19:32]
address or if you are in a particular district if you know that but if you
[19:42]
don't want to give you a personal address but that's Mr. Chairman members
[19:47]
of the Commission Commissioner Smith out there in zoom land good to be with all
[19:52]
of y'all tonight my name is Arthur Edge I'm here on behalf of the
[19:57]
applicants here this evening North Cali to investors and they're partnering
[20:02]
with Cyrus I. I live at 118 Pickens Drive, noon in Georgia, 30263. Mr. Sewell did a very
[20:10]
good job of sort of giving you the highlights of our application. I did want to note just
[20:16]
for the record before I start that obviously our application is part of the record. I also
[20:21]
submitted a constitutional letter last week that should be part of the record as well.
[20:26]
As Mr. Sewell said, this is an application to locate a data center campus on approximately
[20:32]
326 acres on a site in unincorporated Cavity County.
[20:37]
The property is adjacent to State Route 29 and Weldon Road, and we are requesting rezoning
[20:43]
from RC Rural Conservation to LM Light Industrial.
[20:49]
As noted by Mr. Sewell, upon completion of this project, it will consist of eight
[20:54]
buildings of approximately 2.1 million square feet. There will be eight data center buildings
[21:00]
there. I think it's also important for the board to note that this will be a phase construction
[21:08]
through 2036 as our anticipation. So this will not all be happening at one time, but
[21:13]
it will of course depend on demand for the data center. The construction value
[21:19]
you once it is fully built out will be approximately $1 billion.
[21:24]
That does not include the server equipment that will be housed there but simply the construction
[21:29]
of the buildings.
[21:32]
The employee count, we estimate probably about 500 construction jobs being necessary
[21:38]
for the completion of the data center campus and we've anticipated upon full buildout
[21:44]
We'll have about 50 full-time jobs in project completion.
[21:49]
The electrical load will be about 700 megawatts.
[21:54]
We have already been in discussions and have as much assurance as we can at this point
[22:00]
from Georgia Power that they will be serving the load.
[22:03]
Their policy is, as the board may know, not to do anything finalized until the
[22:10]
rezoning has been approved.
[22:11]
But we are confident that that will take place and we will be able to secure a letter from
[22:18]
Georgia Power, verifying they will serve the data center campus.
[22:23]
The access it was touched upon by Mr. Sewell, primarily off Weldon Road, there will be four
[22:30]
driveways that will be utilized, some of which for emergency if necessary.
[22:37]
Utilities I mentioned, the power on the water.
[22:40]
The water and wastewater will be handled by the Caledon Water and Sewage Authority.
[22:47]
We'll be looking at building a 2.6 mile line extension to handle this.
[22:53]
We anticipate that full build out will be talking somewhere between 80 to 100,000 gallons a day of water.
[23:01]
I also want to state for the board that I think it's very, very important for you to understand
[23:06]
that this data center campus these buildings will be air-cooled not water
[23:11]
cooled and so we will not be using the the level of water you often hear
[23:16]
sometimes referenced in other data center projects and we will not be
[23:19]
releasing any water into the water supply that has been used to treat these
[23:26]
these servers and the other equipment in the data centers.
[23:34]
From a waste
[23:35]
standpoint, there'll be no hazardous waste generated at the site at full
[23:39]
build out again through 2036. We anticipated generating about 400 tons
[23:46]
of waste annually. Now recycling Cyrus one's experience with this last
[23:54]
year at their other sites, other data center sites, they accomplished a 46
[23:58]
percent recycling rate and they hope to improve upon that. But so far,
[24:03]
or that's what they've accomplished.
[24:05]
That would leave approximately a little over 200 tons annually
[24:09]
to go to the landfill in 2036.
[24:13]
And as mentioned, an on-site electrical substation
[24:15]
is planned as well.
[24:18]
We have successfully completed the DRI process.
[24:21]
The conditions that were noted by Mr. Sewell
[24:24]
are acceptable to the applicants.
[24:27]
And we fully intend to comply with each and every one of them.
[24:30]
and we find them reasonable.
[24:33]
That's a brief overview.
[24:35]
You're going to hear from some other members very briefly
[24:38]
from each of our other team members.
[24:41]
They're going to touch upon the economic impact
[24:43]
of this project, the taxes that we
[24:47]
expect to be generated from the project.
[24:49]
They'll talk about the site plan a little bit,
[24:51]
the building construction, the materials, and so forth,
[24:54]
the traffic, and the noise that will be generated.
[24:58]
and also talk about the cooling that I mentioned previously.
[25:03]
Just to sum up, we feel like this project fits the general character of the area.
[25:09]
As was noted, there was an industrial park to the west of the site.
[25:15]
Again, I'm going to warn you, we don't need any outburst.
[25:20]
You might think something's funny, you might think something is not funny.
[25:26]
but keep your comments to yourself as I will instruct folks when you get up to
[25:33]
speak to also he is speaking to the Commission and I'm asking you very
[25:39]
politely and as courteous as I can let's be respectful I'm sorry miss. No
[25:45]
thank you Mr. Chairman there will not be a huge drain on the water resources of the
[25:52]
county. As a result of this project, we think it will be of immense benefit to the county
[25:57]
from a job standpoint, a tax standpoint, and really the great thing about a project like
[26:03]
this, they do generate a lot of jobs and taxes, but they do not require a lot of services
[26:08]
as a subdivision or some other development might require. So for all these reasons
[26:14]
we're asking that you grant our application for rezoning, and I'm going to turn, I'll
[26:19]
Retain the balance of my time and I'll turn it over to some of our team members to talk about these items that I mentioned unless they're questions
[26:27]
They're gonna they're gonna speak
[26:31]
We have yes have any that has signed it. Yes, Mr. Chairman. We signed them up. Yes, sir
[26:37]
Questions, would you call you first?
[26:40]
Yes, sir. Mr. Chairman of Brad health
[26:48]
again your name and address or if you
[26:53]
Brad.
[26:54]
Brad Hout with Cyrus One, 2850 North Harwood Street, Dallas, Texas.
[26:59]
Thank you, Chairman.
[27:01]
Thank you, commissioners.
[27:01]
Appreciate the time tonight to provide some background on the proposed project here in
[27:06]
Coyita County.
[27:07]
So as a matter of introduction, Cyrus One, we're a global data center owner, operator
[27:12]
and developer based in Dallas, Texas.
[27:14]
We have 50 locations across the globe.
[27:16]
We employ over 1,000 people who are tasked with operating, maintaining, and securing these
[27:22]
data center campuses and the critical information that they store.
[27:27]
This site we've identified as part of our overall expansion strategy and they've worked to
[27:34]
develop a campus that we're presenting to you tonight.
[27:38]
Steve, if you move on to the next slide.
[27:40]
Our company has a commitment to be carbon neutral by 2030.
[27:43]
We have full details of that on our website.
[27:47]
The report is available highlighting all of the different facets that we take to maintain
[27:54]
sustainability, and again, that's on our website.
[27:59]
Just the economic headline skin and touch on a lot of these.
[28:03]
Campuses developed over seven to ten years, $1.1 billion in investment, 49 permanent
[28:09]
These are jobs that are utilizing people from a variety of backgrounds and skills and expertise in trades.
[28:17]
500 construction jobs are sustained there over the life cycle of the development, producing $100 million in new tax revenue for the county.
[28:25]
So diving into the tax revenue for the county, I have a couple additional slides here to highlight the economic impact.
[28:31]
Steve, if you would.
[28:32]
on the construction side.
[28:34]
So non-exempt construction material purchases.
[28:36]
These are purchases that are not covered
[28:38]
or not exempted by the state's data center
[28:40]
and sales use tax exemption.
[28:43]
Targeting a $500 million material spend,
[28:45]
there's $15 million in sales taxes there.
[28:48]
The power that we use is gonna be subject
[28:50]
to the county's tax rate, utility tax rate.
[28:53]
And that's estimated at $34 million over 10 years.
[28:56]
And then the real personal property taxes
[28:59]
were the first 10 years targeted at $57.2 million.
[29:02]
And so in that graph to the bottom,
[29:04]
you see the ramp up of the tax dollars over time
[29:06]
as we developed this campus.
[29:08]
Once the campus is in place,
[29:10]
those tax dollars are sustained
[29:11]
for the life of the campus.
[29:13]
And so the economic impact that we create,
[29:16]
again, has sustained over multiple years.
[29:18]
Taking further into the property taxes,
[29:20]
I did split up the impact of the property taxes
[29:23]
to the county and the school.
[29:24]
Steve, if you would go to the next one.
[29:26]
On the left side are all the taxes that I mentioned, and we stabilized at $10.8 million
[29:31]
in taxes when we're stabilized.
[29:33]
Of that amount, $2.2 million annually goes to the county, $7.23 annually goes to the schools.
[29:41]
Over 10 years, that's $38 million to the schools and $11 million to the county.
[29:47]
And finally, I have one last slide.
[29:49]
I did want to just mention the non-financial impact.
[29:51]
And so, we've been in business for 25 years.
[29:55]
We're good citizens and good neighbors in the communities that we locate in.
[29:59]
We...
[30:00]
We have the ability to make a real impact here, not just from our workforce, but our contributions
[30:03]
to community events and community initiatives. So thank you for your time. I appreciate it.
[30:08]
Thank you.
[30:10]
Next, Mr. Chairman, Zach Randolph.
[30:18]
Ladies and gentlemen, Zach Randolph with Kimley Horan, I'm a civil engineer. So what I wanted
[30:23]
to do is talk you through the site plan today. As mentioned before, we have eight buildings
[30:28]
and one substation proposed for this campus. Our primary access point is in the southwest
[30:32]
less corner along Weldon Road, and then our secondary access point is shown in the southeast
[30:37]
corner along Weldon Road as well.
[30:40]
We do have two, I'll say, emergency maintenance access points on US 29, and then where Johnson
[30:47]
Circle does a cul-de-sac we've put at the end there.
[30:51]
One thing that I did want to note, as mentioned by Mr. Sewell, is that our intent is to
[30:55]
abandon a portion of 29 as part of this project.
[30:58]
Looking at the site layout, we have really tried to focus on pushing the buildings
[31:02]
towards the center of the site and south of the existing power line that is out there
[31:05]
today working within the existing stream branches that fall within the site.
[31:10]
You can see the buffers called out with the dash lines to the middle.
[31:14]
And then the second thing would be that we're working with the existing topography that's
[31:18]
present on the site to try to work to shield the buildings and work within the natural
[31:21]
topography there.
[31:24]
This is just a landscape rendering of what we think the project will look like.
[31:27]
I want to highlight that the intent is to place trees throughout the development
[31:31]
along the roads at the stormwater ponds and then along the front and kind of
[31:35]
the perimeter of the site. And then these are five sight lines that we've
[31:40]
cut around the development so looking kind of clockwise starting along Weldon
[31:44]
Road in the southeast corner is the top one and what I want to highlight here is
[31:48]
our building which is identified as building eight is actually lower in
[31:52]
elevation than the adjacent adjacent parcel so what we're doing is putting
[31:55]
that building low utilizing the existing hundred foot buffer and the
[31:59]
existing trees off-site to screen the building from the adjacent uses.
[32:02]
The next two, if we work kind of down those sight lines, are focused on the views from
[32:07]
across Weldon Road to the development.
[32:10]
Want to highlight here that we are proposing to include berms and buffers as a way to build
[32:16]
up the topography in front of these buildings and screen them from the view corridor from
[32:20]
Weldon Road.
[32:21]
The fourth one from the top is the view line that does run into the site right at
[32:26]
the front entrance point.
[32:27]
So I do want to highlight there that aligns with the condition around a break in the berm
[32:31]
and buffer for that actual driveway right there.
[32:34]
And then the fifth one on the bottom is for the sight line from 29 towards the substation.
[32:40]
What you can see there as well, we're trying to utilize a berm and buffer with some plantings
[32:45]
to screen the view from the public right of way on the far side of the railroad
[32:48]
track.
[32:49]
That's all I have today.
[32:50]
Thank you.
[32:51]
Thanks.
[32:52]
Thanks.
[32:53]
Thanks, Mr. Chairman.
[32:54]
John Walker.
[32:59]
Hello, John Walker, traffic engineer with the firm Kimley Horn and Associates.
[33:04]
We're located at 11-720 Amber Park Drive, Alpharetta.
[33:08]
So due to the size of the development, the square footage, it does fall into the development
[33:12]
of regional impact, DRI.
[33:14]
So we did go through the DRI process with the Three Rivers Regional Commission, Greta,
[33:19]
Georgia DOT, and Coweta County staff.
[33:21]
One thing I want to point out is the ITE trip generation manual.
[33:25]
That's a manual that we use across the entire country, tells us that a data center of this
[33:29]
size would generate 2,080 trips per day.
[33:32]
That's roughly 1,000 trips in, 1,000 trips out, over 24 hours.
[33:36]
We have our own internal client here that's Cyrus one.
[33:40]
It's roughly about 822 daily trips.
[33:43]
About 60% less traffic than what ITE manual suggests, so I just want to let you know
[33:48]
that this site will probably generate 60% less than what our traffic study documented,
[33:52]
but nevertheless we used the higher trip rate per Greta and what was mentioned earlier Mr.
[33:59]
Sewell talked about the Greta Notice of Decision Attachment A which is a number of improvements
[34:04]
mentioned and then the staff got that and provided some additional detail to the conditions
[34:09]
and in summary we are going to create turn lanes at both our site driveways
[34:15]
on Weldon Road and also we're going to make a monetary contribution for some of the off-site
[34:21]
improvements. The first one relocation of Palmetto Tyrone Road at Weldon Road
[34:25]
one million dollar monetary contribution that's per the staff report. We've
[34:30]
accepted that. The next one signal timing modifications $25,000 again per
[34:35]
staff report. We've agreed with that that's in the condition. This last one
[34:38]
I'll bring your attention to it. Turn lane extensions along Highway 29 and
[34:42]
also at the I-85 exit ramp. Lengthen those turn lanes. There is no
[34:47]
monetary dollar amount in the staff report. So we're on behalf of the applicant going
[34:51]
to say up to $500,000 for those off-site improvements since the first two had a dollar
[34:57]
amount assigned. I felt like we should probably put a dollar amount for that one. Again, up
[35:01]
to $500,000 for that one as well. One slide for me. That's it. Thank you.
[35:09]
Thank you. Next, Ms. Chairman, Laurel Cottrell.
[35:20]
Laurel Cottrell, Director of Environmental Compliance with Cyrus I, 2850 North Hardwood
[35:24]
Street, Dallas, Texas.
[35:28]
So environmental noise is what I'm speaking about and to dig right in, first I want to
[35:34]
talk about our objectives with respect to environmental noise with Project Peach and
[35:38]
really it's two simple things.
[35:39]
One make sure we're compliant with noise code requirements and two make sure we're
[35:44]
a good neighbor.
[35:45]
These are our objectives wherever we develop across the country and really across the
[35:50]
And to talk through how we achieve those objectives, I'm going to go through quickly three questions that we commonly receive from community members and people like you all when we go into a new community.
[36:03]
So with that first question, what will the noise sources even be?
[36:08]
For us, we're not a heavy industrial source.
[36:10]
We have very simple buildings with very simple noise sources.
[36:14]
And those noise sources include one, cooling equipment, and two, emergency generators.
[36:20]
Our cooling equipment, again, is air-cooled chillers.
[36:24]
Those chillers have fans and compressors that do generate some noise.
[36:28]
Our generators are backup emergency generators.
[36:32]
They run intermittently over the course of the year.
[36:35]
If there's no power outage, we might expect them to run a total of 10 to 15 hours
[36:40]
each over the entire year.
[36:41]
So these two-noise sources are very simple. They're very well constrained.
[36:46]
Because they are simple and well constrained, it makes it easy for us to evaluate and mitigate ahead of time like we're doing now.
[36:55]
Next question, how quiet will the data center be? Sometimes this question comes in as how loud will it be,
[37:00]
but I like to rephrase it as how quiet it will be.
[37:02]
I like to use this table which correlates objective decibel limits to subjective how
[37:11]
loud is that type descriptions.
[37:14]
So the short answer to how quiet it will be, it will be quiet or very quiet depending on
[37:21]
how far you are from our facility.
[37:23]
So each of our facilities, if you look at the bracket at the bottom of the table there
[37:27]
where it tends to land in that 60 decibel or less range in the community surrounding
[37:33]
our facilities, and obviously that decreases as you increase distance from the facility.
[37:40]
That's based on worst case modeling, max cooling capacity, et cetera.
[37:43]
It's a very conservative planning approach that we use.
[37:47]
The 50 to 60 decibel range at the top of that tends to be where community decibel
[37:54]
limits live for different jurisdictions around the country.
[37:58]
So in terms of trying to meet our good neighbor objectives and code objectives, you know, falling
[38:02]
within this bracket really achieves both of those objectives.
[38:08]
And then to tie it together, how we use that information to make sure we're meeting those
[38:12]
objectives for Project Peat specifically, basically we're doing detailed acoustic
[38:17]
studies and making sure we're feeding those acoustic studies back into design,
[38:21]
make sure we're checking the box with being good neighbor and being compliant with code requirements.
[38:30]
Thank you. Next, Mr. Chairman, Matt Fortier.
[38:37]
Good evening, commissioners. Matt Fortier
[38:39]
with Cyrus 1, 2850 North Harwood Street. I wanted to highlight one of the most important aspects
[38:46]
of data center sustainability. Traditionally, data centers consume millions of gallons of
[38:52]
water annually just for their cooling. This can provide a significant impact on the community
[38:56]
and water resources. Our approach at Cirrus One is different and purposely so. At Cirrus One we've
[39:03]
developed a fully closed air loop system that we've deployed across 50 locations within our
[39:08]
portfolio to date.
[39:12]
This dramatically reduces the environmental impact when it comes to water.
[39:17]
Once our systems are charged we use zero gallons of water annually. That means no makeup
[39:22]
up water, no evaporative cooling, and no secretive draw on the public system.
[39:34]
Because it's a close-up system, we're not using chemical treatment to use on the water
[39:39]
or putting that back into the wastewater.
[39:42]
The only water we do use at our facilities is for basic occupancy needs such as flushing
[39:47]
toilets, sinks, minor humidification, and for our fire sprinkler protection system in
[39:56]
the event of emergency.
[39:59]
These are minimal systems that are standard through commercial and industrial buildings.
[40:06]
We've met with the Water and Sewer Authority to coordinate on these minimal efforts as
[40:09]
well to ensure they're not burdening the current system.
[40:13]
We know that water is one of the most vital resources a community manages.
[40:18]
We take that seriously at Cyrus 1.
[40:20]
This is a commitment for us more than just a design principle.
[40:25]
We're proud of this design and the minimal impact it has on the surrounding community.
[40:30]
And we hope that it demonstrates in our presentation also the kind of partner we intend to be.
[40:36]
Thank you for John.
[40:38]
Thank you.
[40:40]
Mr. Chairman, that concludes those signed up in support.
[40:45]
Let's start with opposition.
[40:46]
Absolutely.
[40:47]
Just a reminder, according to your meeting rules, there is 20 minutes for and against.
[40:53]
We have quite a few signed up in opposition, so just to remind those that have signed up,
[40:57]
we will get to where we may exhaust the 20 minutes and I'll let you know.
[41:01]
Okay.
[41:02]
First we have Laurie Newsom.
[41:19]
My name is Laurie Newsom.
[41:21]
I live at 185 Craigwood Way, Sharpsburg.
[41:26]
Just want to go over a few things.
[41:28]
You started the meeting with no volume, but then you got angry when the crowd has, the
[41:34]
only way they have of telling you that they can't hear you is to express it out loud.
[41:39]
But you got angry about that.
[41:41]
Then you turned on your speaker, but we still, a lot of us still couldn't hear you.
[41:46]
And so they're still telling you that they cannot hear you.
[41:49]
And then this lady, I would like to know before I leave here today who she is,
[41:55]
what's her job duty and what's her name.
[41:58]
But she said that if we didn't straighten up, she wanted to start throwing people out.
[42:03]
I would like one time in my life to come here to a commission meeting and
[42:08]
see taxpayers treated with respect.
[42:11]
Ma
[42:14]
'am, I have tried very much, and I apologize to you that I did not have my microphone on.
[42:23]
They're usually off, and I usually try to check, and I do apologize for that.
[42:28]
And that worked.
[42:29]
But then when you turned it on, we still couldn't hear you, and we had to tell you what to
[42:34]
tell you.
[42:35]
Me being in charge of sound in many churches that I've served in, I understand that,
[42:42]
but a lot of times people expect the correction instantaneously but if you
[42:49]
would give me just a second I would have asked our sound folks back there to
[42:53]
adjust it but that's okay let's let's get past that and I apologize for you
[42:59]
feeling like you were being mistreated and I don't intend players were
[43:04]
because everybody that's here is here because they're home and their
[43:09]
community. And we understand that. And we're thinking, oh, I took off, I did a lot of different
[43:14]
things to be here. Now I'm not going to be able to hear. I felt the same way. Okay. Okay. So
[43:20]
you ran off Dell Web. Dell Web would have. Hang on, hang on just a second. I'm going to ask the
[43:25]
clerk if she will reset your three minutes. Okay. Okay. Now you don't have to clap for me. I
[43:32]
just want to do the right thing. Okay. Let's just, let's move on. I want to hear what she
[43:37]
has to say. Okay. Y'all ran off Dell Web. Dell Web would have brought many wonderful things
[43:44]
to our county and even more tax monies, which is something that y'all really seem to like.
[43:51]
You ran off Trinity Christian School. That would have been a wonderful addition to that
[43:55]
area, but no, they're gone now, too. And now you want to bring this crap, I'm just
[44:02]
just going to call it into our community.
[44:05]
Why are you commissioners?
[44:07]
I mean, honestly, I have to ask myself, why would people sit here and oversee this kind
[44:14]
of stuff?
[44:15]
They could go one or two more counties out west and there's plenty of room where they're
[44:22]
not going to upset anybody.
[44:24]
But where they are is right down the street from Holmes.
[44:27]
and the daylight, I have seen the data centers in Fayetteville, they're
[44:32]
surrounded by 24-7 daylight. Why? But if they are, that will hit where I live. So
[44:41]
these are things and the water and the utilities they say go up because it's
[44:46]
like never-ending need. So in trying to keep up with the need, the
[44:51]
the utilities go up in prices to build more infrastructure to be able to meet these needs.
[45:00]
But these are all things that will mess up our communities. The increase in utility rates,
[45:07]
the 24-7 daylight around the centers, all of these kind of things that would just really
[45:15]
be bad. The data centers in Fayetteville are not a good thing because we have sat there
[45:21]
and watched them and we have seen that when those people got to this meeting, it was
[45:27]
already done deal. I pray that it's not the case here. Thank you. Thank you.
[45:39]
Before we call the next, would you like to respond to the era that was
[45:44]
mentioned about the Dale Webb and also as to the Trinity Christian School and
[45:52]
there withdrawal just to correct the. Sure so in terms of Dale Webb that
[45:57]
development was approved by this body so they're under development review at this
[46:02]
time so they they should be moving to construction very soon. Okay. So that that
[46:06]
was approved. In terms of Trinity that conditional use permit was acted on by
[46:12]
the board of zoning appeals it was a recommended denial but the night of the
[46:16]
board commission meeting that application was withdrawn so this body
[46:19]
did not take action on it.
[46:21]
All right.
[46:21]
Thank you.
[46:22]
Yes, sir.
[46:22]
Call your next speaker, please.
[46:24]
Yes, sir.
[46:26]
Teresa Thomas-Smith.
[46:36]
Warm greetings, commissioners.
[46:38]
My name is Teresa Thomas-Smith.
[46:41]
My residence is 221 Forest Run, Palmetto, Georgia.
[46:48]
Tonight, I speak to you as a 21-year resident of Palmetto, Georgia, in Coweeda County.
[46:56]
And with this voice, I speak for four people that reside in my home.
[47:00]
But my name and title is Teresa Thomas Smith, Mayor of the Great City of Palmetto.
[47:07]
And with this voice, I speak for the 5300 plus people that voted for me to serve them
[47:14]
and those outside of the voting district that did not vote for me but also choose to
[47:19]
call Palmetto home.
[47:20]
Many of them are in the room right now.
[47:22]
town. For more than 25 years, our small town is finally seeing signs of renewal and a sense
[47:29]
of community pride. We're ready to develop. We are ready to grow. We are ready to do some
[47:35]
amazing things for our community. This decision would fundamentally offer the character, alter
[47:41]
the character of our community. We have no desire to see a massive industrial facility
[47:47]
less than one mile from our historic downtown.
[47:53]
As we have heard, data centers bring very few jobs, massive water and energy use, while
[48:00]
they say it's not noise, it still is, and heavy infrastructure demands.
[48:06]
It does not belong in such proximity to our downtown area and our residential neighborhoods.
[48:15]
The conditions that they offered were 21 and not a single one included the name Palmetto
[48:23]
Georgia in it.
[48:24]
That means that we're not being good neighbors and I heard them say good neighbor multiple
[48:28]
times but when you can't even say the neighbor's name I don't know how good of a neighbor
[48:33]
that that is.
[48:35]
Board members on behalf of all of Palmetto ask that you please consider the long term
[48:40]
costs to our quality of life, our environment and our residents, the heart of our community.
[48:50]
The second commandment is love that neighbor. Romans 13 and 10 says, love does no wrong
[48:57]
to a neighbor. Therefore, love is the fulfilling of the law. While I would love to pull everyone
[49:04]
sitting over here pushing for this development to see which one has one of these in their
[49:08]
neighborhood. I know I don't have time to do that. So what I will do is say that
[49:14]
the people of Palmetto. I'm excuse me, Mayor. Yes, sir. I'm going to remind you
[49:19]
again outbursts are not allowed. I'm going to ask the deputies just to sort
[49:26]
of see who's doing it. But I'm not asking anybody to leave. I want you to
[49:32]
hear I want to be a part of the meeting. But folks outbursts because I
[49:37]
I want to hear what the mayor has to say, okay?
[49:41]
And in anybody else who walks up there,
[49:45]
I don't want to lose my concentration
[49:48]
and be thinking of something that's going on in the room
[49:51]
other than the business of the county.
[49:54]
And mayor, I'm gonna let you finish.
[49:56]
You should give you a like.
[49:57]
With the balance of my time, I would like to say,
[49:59]
well, I can't pull them
[50:00]
and I know that I can't pull you either.
[50:03]
I would say that you do no harm
[50:05]
to your neighbors to the north.
[50:06]
love us as you love yourselves. I wish you peace and blessings. Thank you for your
[50:10]
time, and I yield my time back. Thank you.
[50:14]
Next, Ms. Chairman, Shalandra Henry.
[50:21]
Good
[50:22]
evening, Councilman. Thank you for the opportunity to speak before you. I am
[50:26]
Shalandra Henry at 212 Williams Street, Palmetto, Georgia, 30268 Coweta County.
[50:34]
I'm a fifth-generation Palmetto, and I'm both my father and my mother's side.
[50:37]
I'm the great-granddaughter of John Will Thurman, a business man and builder who owned land in Palmetto,
[50:46]
Palmetto, Caleta, and Fulton. Our blood, sweat, tears, celebrations, family unions, faith,
[50:55]
is literally in the Georgia clay of 30268. 212 William Street is my property, is a small house
[51:03]
that I love, that will be my 12 year old daughter's home property once she's of age.
[51:10]
In the initial announcement it was said that the area was undeveloped.
[51:15]
My house and others are directly adjacent to this property.
[51:19]
I can see my neighbors, it's not huge lots, so it is a developed area.
[51:24]
I can see through the trees where this property is going to be, where this development
[51:29]
is going to be.
[51:30]
The photos shown don't show the full picture of the community and the area.
[51:35]
This project site, as I said, is directly through the trees.
[51:39]
The exact property, if you have not driven through, is a beautiful property.
[51:44]
I go over there as often as I can. There's a sweet pond, rolling grassy hills.
[51:50]
Why would we want to give that up for concrete that will serve as a health and financial burden for our citizens?
[51:56]
As you can tell, this is exceptionally personal to me because this is an attack on John Wiltherman's
[52:03]
legacy and the future of his descendants, many of whom are in this room tonight.
[52:09]
This project seems to be the epitome of not in my backyard, but it is literally my backyard.
[52:16]
I implore you to vote no on this project, therefore supporting the financial and physical
[52:23]
health and well-being of my daughter, my cousins, and the entire community. I'm
[52:28]
asking you all to vote no, but I want to speak directly to Councilman Blackburn
[52:33]
and Ridelbach. Please vote with the interest and conscious of your
[52:38]
constituents. Please vote no. We may not be multi-millionaires, but our welfare
[52:44]
should count for something. Unlike the advocates of this project, we the
[52:48]
community do not find the items acceptable. It has been proven that jobs
[52:54]
last only for a short term and property values decrease, representing short term
[53:00]
gains for long term negative impacts. And finally, I'm excited to know that the
[53:05]
media with at least WSB TV news is here and interested in this in this issue.
[53:11]
Thank you. Thank you. Next, Mr. Chairman, Nathan Slayton,
[53:26]
the commissioners.
[53:27]
I had something written that I was going to read, but a lot of it's already been said.
[53:35]
My name is Nathan Slaton, 204 Spring Street, Palmetto, Georgia.
[53:41]
I am like Miss Jackson, our family's, I'm a third generation of Garfield Cannon, who
[53:47]
has his family, siblings, and everybody has been part of Newton and Palmetto their
[53:53]
entire life.
[53:53]
And but long probably long before that
[53:57]
We talk about the land that's not developed
[53:59]
I'm gonna back my shacks enough that it is an amazing place if you have the time go up there and ride through the through it
[54:06]
It's a circle. It is nothing but green trees green grass, and it's amazing. There is development back there
[54:12]
There's a house or two back there
[54:14]
It's just fun to go and look at God's creation on certain days, and I do it just like she said she does it
[54:21]
It's just a peaceful place
[54:23]
What will not be peaceful is leaving church on Sunday morning and see the monstrosity of a power substation.
[54:31]
If you want to see what it looks like and you don't know right after Johnson Road where Palmetto has already been inundated with it at the data center there.
[54:41]
To the north of us we have on hand probably 12 warehouses.
[54:47]
I don't know what's happening to here, but when you leave Atlanta and you drive all the
[54:53]
way down through Troop County, Calwita County, the South Fulton County, all you see is warehouses.
[54:59]
It has to be, I'm just trying to figure out where, who's paying who.
[55:04]
It's everywhere, and you're going to landlock us in by nothing but industrial.
[55:09]
I know Calwita like the back of my hand like you do, and I know that there's four
[55:14]
other industrial areas, one that's out on 16, that's a massive undertaking.
[55:19]
Why don't these people go and buy industrial zoned land instead of trying to take and continue
[55:25]
to take our rural residential?
[55:27]
We have got to stand up at some point and say no.
[55:32]
Just like Palmetto has done, I am Mayor Pro Tem this year and I am a council member
[55:36]
for the past 10 years.
[55:37]
So I know what it's like to sit on your side as well.
[55:40]
And you're probably tired of hearing it by now.
[55:42]
But if nothing else tonight, please listen to the people who have shown up.
[55:47]
I will ask this because not everybody can talk.
[55:51]
So as my final outgoing, I extremely oppose the building.
[55:58]
And I would like for anybody who is against this to stand up in their seat tonight.
[56:04]
Please do not stand up.
[56:07]
Please do not stand up. I'm sorry.
[56:11]
We need to move on. We're not taking a vote.
[56:15]
Right here. Mr.
[56:19]
Bowes. Yes, sir. Speaker, please. Robert Arnold.
[56:34]
Good evening, Mr. Robert Arnold. 205 Taylor Circle Palmetto, Georgia.
[56:38]
I, too, am a multi-generation Palmetton
[56:42]
and Coyote County resident. Well, I'm not a Coyote County resident, but my roots run deep
[56:46]
in Calcutta County. For over 100 years, my family has owned property along a time of
[56:51]
lead cook road. And now many of my residents, many of my family members still live on that
[56:56]
land and property in Calcutta County home, as well as many of my church members still
[57:00]
call Calcutta County home. And we are going to threaten their way of life. And there
[57:06]
are a couple reasons why I'm asking that you oppose this data center. One is that
[57:12]
there are going to be potential increases in the air pollution. I know we've heard
[57:15]
some data that says otherwise, but I'm asking that you would consider the data
[57:19]
pollution, the air, the dust from the construction site. As a council member, I've
[57:24]
been on this Palm Island City Council now for five years and I know that when
[57:28]
developments come in, they don't always follow the boundaries, they don't
[57:31]
always follow the setbacks and we've seen that we've, as Nate just said, we've
[57:37]
he's been on council ten years, I know he's seen his share of it and he's
[57:40]
seen his share of emails about it as well. And so I'm asking that you oppose it for that reason.
[57:46]
Also, there's already additional truck traffic that we're seeing on Highway 29 on Weldon roads
[57:51]
and also our secondary screeching power metal overruns with trucks now. So we're asking that
[57:56]
you oppose it for that reason. Also, we don't want to see our night skyline disrupted by
[58:02]
artificial lights. We're also concerned about the noise pollution. We're also concerned
[58:06]
about the sleep patterns as well being disrupted because of the artificial light
[58:10]
and the noise equipment. Also we've got seniors who've called out of home for
[58:15]
some of them 70, 80, 90 years and now so we're asking that you not disturb their
[58:20]
way of life. So we have legacy families in this area who are going to be
[58:25]
impacted. People like the Williams of Thurman's just to name a few. So we're
[58:29]
asking that you not disturb their way of life. And also we're just
[58:32]
concerned about the decline of property taxes as well and also we're
[58:37]
concerned about the loss of natural habitat so as it was said earlier it's
[58:42]
a beautiful place to go and so we're asking that if you must consider
[58:45]
rezoning this if you would please consider rezoning it for something that
[58:49]
can be useful for the community as a whole consider using it for education
[58:53]
consider using it for a single-family housing consider it for use as
[58:57]
recreational facilities consider it for dining consider for medical use some
[59:01]
other use other than a data center. I yield back. Thank you.
[59:07]
Next, Mr. Chairman, Jess
[59:08]
Wilbanks.
[59:11]
Good evening, commissioners. On behalf of Palmetto neighbors and
[59:15]
leadership, we would ask you to vote no or to table the rezoning of our rural
[59:20]
conservation land just outside Palmetto along Highway 29. We just don't want to
[59:26]
be walled in. We'd appreciate being part of future conversations. We're
[59:32]
concerned that part of our city limits may actually be impacted. The area
[59:38]
surrounding this data center is mostly rural residential and it is not best
[59:42]
suited for industrial. There's only one corner of businesses there. Project
[59:48]
Peach proposal is 0.8 miles from downtown. It will be in the backyard of
[59:52]
many of our legacy families. The constant hum from generators and 13
[59:59]
18 acres of power.
[1:00:03]
Our air quality concerns, light pollution, it will decimate our night sky. Our quality of
[1:00:10]
life of our residents will certainly be diminished. The neighborhoods, churches, current industries
[1:00:14]
and entire community would suffer from a decade of construction. Palmetto residents are trying
[1:00:20]
to preserve our heritage and cultivate our future. We've had enough of the wrong kind
[1:00:24]
of development. We're asking for Palmetto to be a place of peace and purpose. Please help
[1:00:31]
us preserve our way of life. Could I get your address again, please? 217 Cobb Street, Palmetto,
[1:00:37]
Georgia. Thank you.
[1:00:40]
Next, Mr. Chairman, Barbara Nott.
[1:01:04]
Hey. My name is Barbara Nott, and I live
[1:01:07]
in Palmetto with my husband Charles and son Jonathan in a historical house on eight
[1:01:12]
acres where ancient trees and a pond dominate a landscape alive with the coming and going
[1:01:20]
of birds and frogs, squirrels and rabbits and sometimes deer, often seen wandering in
[1:01:26]
from the backwoods to drink from the pond.
[1:01:29]
Together my family has published 25 issues of an online literary art journal called
[1:01:34]
The Grapevine Art and Soul Salon, where we focus on the cultural and soulful values
[1:01:41]
so important to our health and happiness and satisfaction as human beings.
[1:01:46]
My thoughts in opposition to the development of a data center so close to downtown Palmetto
[1:01:52]
have a lot to do with hazards that include the loss of animals and healthy landscaping
[1:01:58]
as well as dangers to our own health with irritating lights and sights and noises and poisonous air.
[1:02:04]
Under the influence of our Mayor Theresa Thomas Smith, the City of Palmetto presently is making
[1:02:10]
major efforts to cultivate cultural changes and additions that will enhance the health,
[1:02:16]
harmony and satisfaction of our citizens' lives through greater access to art and culture
[1:02:23]
and environmental development that will beautify our homes and city spaces and outlying
[1:02:29]
areas filled with trees and landscaping that support our intention to be a blooming community.
[1:02:36]
It seems ironic that so much of Kawita County, particularly in the Newnen area, has devoted
[1:02:42]
decades to paying impressive attention to environmental values and artful building and landscaping,
[1:02:50]
enough in Newnen to name it the city of homes.
[1:02:53]
I wondered how they could possibly support the negative effects of a data center that
[1:02:59]
had been spelled out so clearly in so many ways.
[1:03:02]
Then I saw a Facebook post on April 11th from the Newnan Times Herald with 57 comments
[1:03:10]
from Newnan and Calvita folks showing that they do not support the project and wish
[1:03:15]
very much that the Calvita County commissioners would pay attention to the resistance and
[1:03:20]
complaints from Palmetto.
[1:03:21]
So, so do I wish that as a retired psychotherapist I can tell you that data centers and the space
[1:03:28]
they take up and the mechanical forces they use and the traffic congestion created by
[1:03:33]
trucking are factors that lead to emotional depression which is one way to describe the
[1:03:39]
loss of soulful living.
[1:03:42]
We so desperately need in our troubled times.
[1:03:45]
We need art in abundance, cultural and spiritual centers and events, places to
[1:03:52]
wander alone or with a partner and absorb sunlight and moonlight and enjoy
[1:03:56]
trees and rivers and animal life. In Palmetto we need the freedom to pursue
[1:04:02]
our goals of creating a blooming community where all our people can
[1:04:07]
become quick which might be called alert and evergreen in the environment
[1:04:13]
of their choice. Our hope is that you and Calvita County will join us as neighbors
[1:04:18]
and friends to live a more abundant life, not a less abundant one. Thank you.
[1:04:24]
Next, Mr. Chairman, Charles Nott.
[1:04:40]
My name is Charles Nott. I live in Palmetto on Cobb Street, 227 Cobb Street,
[1:04:47]
a house my father bought in 1963. My parents willed the house to me when they died in 1990s.
[1:04:55]
The house was built in the 1850s, and it sits on eight acres of land.
[1:05:01]
The land has a pond, many ancient trees, and lots of animal life.
[1:05:06]
To put it bluntly, the land is sacred.
[1:05:10]
Perhaps I can speak for all the elders when I say that I do not want to spend my final
[1:05:17]
years breathing construction dust, listening to the perpetual hum of high-voltage electricity
[1:05:25]
seeing the night sky up, lit up by artificial lights from a data center, listening to the
[1:05:34]
perpetual hum of high-voltage electronics invading my consciousness, etc. I hope that I can be
[1:05:42]
allowed to speak for our elders and also for a much neglected group that cannot speak
[1:05:46]
for itself, namely the young people. I would not wish the environment I just described
[1:05:53]
to be imposed upon a newborn, nor would I wish it to be imposed upon a developing child
[1:05:59]
who needs space to play and space to grow. Somewhere along the way, a lot of people with
[1:06:05]
a lot of money forgot that the land is sacred. The land is not something to be broken up
[1:06:10]
and reassembled for monetary purposes. The eight acres my parents left behind are
[1:06:16]
a microcosm of the earth. We must protect the lives of the deer and foxes and rabbits
[1:06:21]
bits and squirrels and raccoons, to say nothing of the bullfrogs and butterflies and children,
[1:06:28]
both unborn and recently born and those yet to be conceived.
[1:06:33]
And then, too, there are the birds.
[1:06:36]
Every time I cut the lawn, grass seed is spread, and the birds come in to have a feast.
[1:06:41]
Who would take that away from them?
[1:06:44]
If the data center is built, a lot of nature and a lot of lives, human and animal,
[1:06:49]
will be severely damaged. Please vote no. Thank you, sir. Next, Mr. Chairman, Dennis Miller.
[1:06:59]
Good
[1:07:08]
evening, Mr. Chairman, commissioners. My name is Dennis Miller, 519 10th Street,
[1:07:15]
Palmetto, Georgia. So fortunately, oh, sorry, fortunately, you've already heard a lot of what
[1:07:22]
I had to say from previous speakers. So I'd like to address something that I don't think has
[1:07:26]
been touched on yet. Let's talk about zoning and how zoning affects everyone's
[1:07:32]
responsibility to determine a sense of place. That's why people live in
[1:07:38]
municipalities and counties and not in unincorporated areas where they can do
[1:07:43]
whatever they want. They want to follow a set of rules so that we can all say
[1:07:49]
this is a place I can be proud to call home. And I'd like to think the
[1:07:55]
commissioners when they're considering their sense of place and their responsibility as
[1:08:03]
it comes to zoning to consider your northern border and what that sense of place and your
[1:08:12]
vision for rural conservation might as well be paved industrial and its effects on your
[1:08:22]
neighbors. And our ability to determine our sense of place. And I'll leave you with one
[1:08:29]
final thought. Hopefully it's a little emotional. I'd like you to consider if, because as a
[1:08:37]
current citizen of Palmetto, I am a previous citizen of Noonan. I love it. It's a beautiful
[1:08:43]
area. It's a beautiful county. When I moved from Chicago, I thought I could never love
[1:08:47]
anywhere rural absolutely most part of the country don't plan to move until the
[1:08:52]
corner takes me away in a black man but I want you to consider that if people a
[1:08:58]
generation ago sitting in your seats decided that a gigantic facility would
[1:09:04]
be a great thing to put point eight miles away from this building do you
[1:09:12]
think maybe noon and wouldn't be known as the city of homes probably not
[1:09:17]
maybe the city of data centers or whatever they were building in 1950 so
[1:09:23]
please have some forward vision when you consider what you think your sense of
[1:09:28]
place and your role is because it affects this county and your neighbors and the
[1:09:34]
citizens that live there. I appreciate your time. Thank you. Mr. Chairman that's
[1:09:40]
exhausted there 20 minutes. Okay I
[1:09:45]
will say I'm sorry to all of you who
[1:09:48]
wanted to speak the meeting rules call for 20 minutes on both sides either pro
[1:09:58]
or con but I think we've heard your message that you have from from both
[1:10:05]
sides and at this time Mr. Chairman the applicant does have about four minutes
[1:10:13]
Yes, that's what I was going to say. I was going back here to read my notes here.
[1:10:19]
How much time does the applicant have?
[1:10:22]
According to our time, four minutes.
[1:10:24]
Four minutes, yes. Mr. Age?
[1:10:28]
Mr. Chairman, I don't have anything else to say, but I'll be glad to stand for questions if there are any from the board.
[1:10:35]
Any questions from the board?
[1:10:38]
I have a question.
[1:10:40]
Okay.
[1:10:41]
Yes, sir.
[1:10:42]
I noticed that the 50 jobs that were mentioned did not give an amount of what the salary would
[1:10:51]
be.
[1:10:52]
And the second question is, what is the use of 80 to 100,000 gallons of water a day for?
[1:11:04]
Chairman, Commissioner Smith, let me answer the second one first.
[1:11:08]
We think that that amount that we're giving you on the water is very much probably on
[1:11:13]
the high end, but we're trying to be conservative here. But as one of our
[1:11:17]
previous presenters stated, basically the water is used for what you would
[1:11:22]
normally use in an office building or an industrial building. It's just for the
[1:11:27]
toilets, for the kitchens, that type of thing. There's nothing being used to
[1:11:31]
cool any of the data, center equipment, anything of that nature. So it's just
[1:11:35]
just normal regular usage. So if anything I think we've aired on the
[1:11:39]
high side of the amount of water, frankly, but we want to be cautious on that and make
[1:11:44]
sure we weren't understating that.
[1:11:46]
Now on the question about the salaries, you can give me one moment.
[1:11:58]
I'm told that the salaries average over 125% over the county's average medium wage.
[1:12:05]
That's been our experience in other jurisdictions, and we expect that to be the case here.
[1:12:10]
So is that a number?
[1:12:15]
I think the market is going to determine that.
[1:12:17]
When they go to hire folks here, Commissioner, then they'll be looking at what is the medium
[1:12:22]
wage, how they hire the best people they can hire, they're going to pay a premium to do
[1:12:28]
that.
[1:12:30]
Mr. Vice, do you know what the medium wage is for Cady County?
[1:12:37]
I believe I'd have to check with our economic development president, but I want to say
[1:12:40]
the last time we spoke it was nearly 50,000, so like 49,000.
[1:12:44]
Okay. So 120% would take you to about $57,000 a year estimate.
[1:12:50]
Did that answer your question, Commissioner Smith?
[1:12:53]
Yes, it does and I really appreciate Mr. Edge addressing that.
[1:12:57]
Yes. Thank you, Commissioner.
[1:13:02]
I have a question. I don't need to know the name, but are you in contract with a hyperscaler?
[1:13:09]
No, Commissioner, we're not.
[1:13:10]
Not at this time?
[1:13:11]
Not at this time.
[1:13:14]
I can say that based on our experience and other jurisdictions, we expect that to happen
[1:13:20]
fairly quickly if this is approved.
[1:13:25]
I'd also note that my research indicates that the data centers that are up and operating
[1:13:30]
in the Metro Atlanta area, I think they have a vacancy rate of about 3.7 percent,
[1:13:35]
so they fill up pretty quickly.
[1:13:37]
Thank you.
[1:13:42]
So what you're saying is, do you know who will actually own the building?
[1:13:49]
Well, we would own the building. We don't know who the tenants are going to be, so to speak.
[1:13:53]
Okay, so you're going to basically lease or rent it out to whoever your tenant is?
[1:13:59]
Yes, sir.
[1:14:00]
But you don't know who the tenant is at this point?
[1:14:02]
No, sir.
[1:14:03]
Okay.
[1:14:03]
We'll be marketing that, and it could be one large tenant, it could be several smaller ones.
[1:14:08]
Anyone
[1:14:14]
else have any questions?
[1:14:16]
I have questions after you close the public hearing.
[1:14:18]
All right.
[1:14:20]
Second.
[1:14:22]
All right.
[1:14:24]
Is that a motion?
[1:14:24]
I'll make a motion to close the public hearing.
[1:14:26]
Second.
[1:14:26]
Okay.
[1:14:27]
I heard Mr. Smith second before John said it, but that's okay.
[1:14:34]
I have a motion to close the public hearing.
[1:14:36]
Is there any further discussion?
[1:14:41]
All in favor say aye.
[1:14:42]
All right, all right.
[1:14:44]
All of those carers sounds like unanimously.
[1:14:49]
All right?
[1:14:54]
You want to?
[1:14:57]
I have some questions.
[1:14:59]
All right.
[1:14:59]
You
[1:15:01]
So, you know, some of the issues that we have to deal with as commissioners is people say put this in industrial areas.
[1:15:14]
Well, to the south of that proposed plan, there's 61 acres of industrial. To the north of that plan, there's...
[1:15:24]
To the south of that, let me go back and restate, a lot of talk about, and the Christians have
[1:15:30]
a difficult time making these decisions, but you talk about placing these things in industrial
[1:15:35]
areas.
[1:15:36]
So to the south of that proposed development, there are 61 acres of industrial.
[1:15:41]
To the north, there's about 30 acres of non-use, what do you call it, power right
[1:15:47]
of way.
[1:15:48]
You can't build on that.
[1:15:49]
to the east of that project is nothing but zoned industrial it's industrial all
[1:15:56]
around there except for that one area so it's a difficult thing that we have to
[1:15:59]
deal with it and I as a you know I've lived here for 35 years and I don't know
[1:16:03]
that I would build a house out there given where it's at right now so the
[1:16:08]
other questions I have am I correct in saying what I said mr. Sewell yes it
[1:16:15]
It wasn't too long ago, I believe maybe six, seven years ago,
[1:16:19]
where Palmetto annexed property to put a 1 million square foot
[1:16:26]
industrial cross-stock warehouse from Cavite County.
[1:16:31]
Again, industrial.
[1:16:38]
I mean, that's the difficulty we have
[1:16:40]
is dealing with this, is that in my eyes,
[1:16:46]
this would be an industrial area.
[1:16:47]
That's just my opinion.
[1:16:48]
it's an industrial area because of everything that surrounds the current
[1:16:52]
developments that are there right now. So that's that's all I have Mr. Chairman.
[1:16:57]
Okay.
[1:17:00]
Is there any other questions commissioners? Can I make a comment?
[1:17:07]
Yes Mr. Smith. By my count I had six people for the developer that spoke in
[1:17:15]
favor of the project. And I don't know if any of them lived in this area except Mr. Edge.
[1:17:24]
And contrary to that, there were 10 residents that spoke against it and not one spoke in
[1:17:33]
favor of it. And that tells me something about the relationship between the developer
[1:17:39]
and the community is a gap there.
[1:17:42]
And I would think that at least some residents
[1:17:46]
would see the value of it, but I did not see that tonight.
[1:17:51]
So that's weighs heavily on my decision-making.
[1:17:56]
And thank you for that.
[1:17:58]
All right.
[1:18:02]
Are we ready for the motion?
[1:18:06]
I wanna just say something before we go in there too
[1:18:10]
as I look at this.
[1:18:11]
I'll speak for myself on this, because somebody mentioned it earlier, and you're listened to.
[1:18:18]
There is no decision that is made up here that I don't put myself, and I'm certain they
[1:18:24]
probably do the same thing, that I don't put this structure in my backyard too.
[1:18:29]
In fact, I would take it.
[1:18:32]
So I look at this to commission a Ritalbox comments for industrial, and I have an
[1:18:39]
opinion too, just like you did. And I gave you the floor to be able to speak and I didn't
[1:18:43]
laugh at you. So I look at this as far as industrial. But there's another piece to this
[1:18:49]
I look at too. We called other jurisdictions in Loudoun County and other areas to see what
[1:18:55]
they went through. What they did in people's backyards. And every development is fought.
[1:19:02]
Every protracted development, per protracted development is fought. You voted, the public
[1:19:08]
voted on HB 581. We had to cut over $10 million. That budget, that void is still there. You
[1:19:17]
were tasked us to help us run a county. This is what we're trying to do. We're bringing
[1:19:23]
in elements like this to be able to offset that for Cuita County. There's other counties
[1:19:27]
in Georgia that's doing the same thing. You can adjust your ordinances in here
[1:19:33]
when the revenue stream is also there.
[1:19:36]
You don't want an additional 4 million people coming into the state of Georgia, do you?
[1:19:41]
This is part of that mechanism in which to do that.
[1:19:45]
These revenue streams are real.
[1:19:47]
And I thank you for the numbers that you provided me for the four campuses, because
[1:19:52]
the jurisdictions that have housed these in Loudoun County, Virginia and Sterling
[1:19:58]
Virginia, they have verified that.
[1:20:01]
There are other campuses for these data centers much larger than the ones that
[1:20:06]
have been described here today that will provide this also. You want parks, you
[1:20:12]
want trails, you want some of this other stuff. This is the mechanism in which to
[1:20:16]
pay for that and there are other avenues that we can break off for tax
[1:20:19]
purposes and this is where I'm at and I wanted to explain myself before the
[1:20:24]
vote took place.
[1:20:27]
And then, Mr. Chairman, I also have some other, I mean, I, I
[1:20:31]
appreciate, you know, the conditions that Mr. Sewell and community development put
[1:20:35]
up.
[1:20:38]
Please do not do an outburst. This is not the time. It's not the way to, to
[1:20:46]
handle business. Well,
[1:20:56]
number one is I'm not familiar with it, but I'm glad
[1:21:00]
that somebody brought it to my attention that is one of the things that we will
[1:21:07]
address as to any kind of development but you know sometimes it would be nice
[1:21:17]
to know I saw the mayor and council from Palmetta and I appreciate them
[1:21:23]
being here and getting up and speaking to us giving us their opinion but it
[1:21:29]
It would have sort of been nice if they had just wretched out.
[1:21:31]
I think I gave the mayor my card with my number on it when we met with her recently and just
[1:21:40]
talk.
[1:21:41]
Let's talk before it gets to this point, okay?
[1:21:47]
And I heard no comments at that time.
[1:21:52]
So what you're asking is something that can be worked out and can be mitigated as we get into the development.
[1:22:05]
This is a rezoning of the property.
[1:22:11]
Thank you.
[1:22:27]
You are out of order, ma'am.
[1:22:33]
Well, I appreciate it and I will always fight for Cal Eater. Thank you. All right. We're
[1:22:43]
going to we're going to call for the motion. I have a few things I want to
[1:22:50]
further. Again, this is so I appreciate you're in the departments outlining the
[1:22:57]
21 conditions but you know through my research much like Mr. Fisher has done
[1:23:02]
we've done a lot of research in this area and I had some other concerns
[1:23:06]
regarding this the first one being as I heard the the applicant mentioned 60
[1:23:12]
dBs well our ordinance is 40 dBs at the property line so that would be a
[1:23:17]
condition I would make you adhere to and I don't know how you do that but
[1:23:20]
it would have to be 40 dBs I mean 45 dBs.
[1:23:25]
Second thing is is have you got
[1:23:27]
we'll serve or purchase agreement with any power company.
[1:23:36]
As I mentioned earlier, we did not have a finalized agreement and we cannot get one until the zoning is approved.
[1:23:44]
But if it does, then we will certainly be working immediately to get that finalized.
[1:23:50]
So that would again be a condition that I would implement is that if we didn't get a will serve from you within six months,
[1:23:56]
we'd have the option to re-zone it back.
[1:23:58]
Yes, sir.
[1:23:59]
And a purchase agreement as well, a purchase power agreement or anything.
[1:24:03]
That's acceptable.
[1:24:04]
The other thing was waste mitigation plan.
[1:24:07]
I mean, I know you talked about it, but I want verifications reports sent to community development on annual basis that shows recyclable waste versus landfill waste.
[1:24:15]
Yes, sir.
[1:24:16]
That's acceptable.
[1:24:18]
Obviously all buildings will be data centers.
[1:24:20]
The other thing, you know, the substation on Highway 29 there, I just, you know, I know you guys said you'd burn it,
[1:24:28]
you hide it and all that good stuff but is there a way that you could move that to
[1:24:31]
and where one of the buildings are to get it off 29 is still berm the property
[1:24:37]
property that that you would hide all this stuff yes one moment mr.
[1:24:46]
chairman
[1:24:46]
what we could do is swap the positions of the substation with building one is
[1:24:55]
reverse those two flip them and do it that way if that would be acceptable okay
[1:25:00]
we're prepared to do that so building do you want to point out building one Mr.
[1:25:06]
Sewell sure that's
[1:25:23]
building one this is building one and this is the substation
[1:25:26]
site so it sounds like flipping the building to here and the substation to
[1:25:30]
the interior of the site okay and then the the other comments I want to make
[1:25:38]
two is that I have driven out there I mean that's in my backyard as well I
[1:25:42]
driven out there and I have been out there at night as well and I look at the downward
[1:25:48]
lighting from Palmetto Baptist Church. I look at the downward lighting from the industrial
[1:25:52]
areas that are already out there. So there is light out there already. They will be
[1:25:57]
required to use the downward LED lighting as well if they were to get approved. So
[1:26:04]
I mean, that's my comments on the additional conditions. I don't know if I have any
[1:26:10]
of the commissioners that want to speak to anything so
[1:26:17]
Mr. Chairman I'm gonna make
[1:26:19]
a motion to prove on the conditions okay you the additional conditions with the
[1:26:24]
21 standing effect the motion did you add you do you want to add those yes I
[1:26:30]
just went through them okay the additional 25 DB at the property lines
[1:26:35]
the served letter from the power and a purchase agreement from the power
[1:26:38]
company within six months waste mitigation plan with reporting company
[1:26:43]
community development once a year annually it shows the recyclable waste
[1:26:47]
versus the landfill waste all buildings must be data centers and they're
[1:26:52]
swapping the substations with building one and then all visible buildings will
[1:26:59]
be burned and buffered. Okay I have a motion I have a second is there any
[1:27:05]
further discussion? Commissioner ready for the vote? All in favor say aye. Aye. All
[1:27:12]
opposed by like sign name and I also the
[1:27:21]
motion carries three to two I voted
[1:27:31]
me but it carries so we're
[1:27:45]
gonna call it's been about an hour and a half
[1:27:47]
now we're going to call for a quick break and we're in recess until we come back.
[1:41:34]
Would you please take your seat? We're going to reconvene.
[1:41:42]
We're still in the public hearings.
[1:41:44]
Public hearing regarding petition number VAR 25-02, filed by Page Dock-Wiler, requesting a bar and
[1:41:56]
setback variance for property located at 9210 East Highway 16 Senoa District 1. I was on an
[1:42:04]
associate Nicole Blackwell is going to make presentation. Good evening. I'll be
[1:42:10]
presenting petition variance 2502. The applicant Page Dockweiler is requesting a
[1:42:16]
barn setback reduction variance under article 7 section 72 item 4a for
[1:42:23]
property located at 9210 East Highway 16 in Senoi. The property is
[1:42:28]
approximately 12.81 acres in a zoned RC Rural Conservation. The applicant purchased the property
[1:42:36]
in 2018 and established an agricultural farm known as Duck Brown Farm and Distillers. Duck
[1:42:44]
Brown Farm and Distillers is a seed-to-still farm. As part of the farming operation,
[1:42:50]
the applicant constructed a 40-foot by 50-foot pole barn to store farming equipment. Unfortunately,
[1:42:56]
The applicant did not obtain any building permits prior to construction of the pole
[1:43:01]
barn and the structure does not meet the required setbacks for a barn.
[1:43:07]
According
[1:43:11]
to Article 7, Section 72, Item 4A, all related accessory buildings used for
[1:43:17]
the storing of equipment shall be located 100 feet from all property lines and at
[1:43:23]
least 200 feet from any existing off-site dwelling.
[1:43:27]
As you can see from the site plan, submitted with the application, the pole barn is positioned
[1:43:37]
in this narrow area right here of the property.
[1:43:42]
It's between the applicant's property boundaries and their personal residents.
[1:43:48]
They have a personal residence right here on this next parcel.
[1:43:52]
parcel.
[1:43:54]
The barn is situated approximately 40 feet from the northern property line and
[1:44:01]
approximately 150 feet from the applicant's residential dwelling on the next parcel.
[1:44:08]
Therefore, the applicant is requesting the variance for a reduction in the required
[1:44:13]
setbacks to allow the barn to remain at its current location.
[1:44:20]
Here is an aerial view
[1:44:22]
of the property you can see the barn right here and
[1:44:28]
the applicant's home on
[1:44:29]
this parcel to the north. Again the barn is approximately 40 feet to their
[1:44:35]
property line and 150 feet to the personal residence.
[1:44:45]
Here are photos staff
[1:44:46]
took of the barn. You can see the barn in question on the left and on the
[1:44:52]
right you can see another angle of that same barn looking towards the
[1:44:57]
applicant's home.
[1:45:01]
Consideration for a variance request must be reviewed by the seven factors under article
[1:45:05]
28 of the Cahuilla County Zoning and Development Ordinance. Some highlighted factors are barns
[1:45:12]
are common sites within the RC Rural Conservation Zoning District and complement the rural nature
[1:45:18]
of the area and are essential for the upkeep of a farming operation. The Board should consider
[1:45:25]
if this request is justified by a hardship.
[1:45:33]
Should the Board choose to approve this request,
[1:45:35]
the Community Development Department submits the following four conditions for consideration.
[1:45:40]
One, the pole barn shall not encroach any closer to the Northern Property Line or to
[1:45:46]
the off-site residential dwelling than it currently exists today. Two, the applicant
[1:45:52]
shall meet all the requirements of the Building Department. Three, the applicant
[1:45:57]
will obtain all appropriate building permits and inspections for the pole barn and for if
[1:46:03]
the barn cannot meet all requirements for building permit inspections and approvals then
[1:46:08]
the applicant shall demo the barn after obtaining the appropriate demo permits from the community
[1:46:14]
development building department.
[1:46:18]
Here's that site plan again and I'd like to point out that the community development
[1:46:22]
department received an audience participation form from Tommy and Shirley Davis at 9288
[1:46:29]
Highway 16, Sonoy. The Davises are the most effective property owners to the south. They
[1:46:35]
live right here on this property. And they support the variance request for the barn
[1:46:41]
setback. Any questions for staff?
[1:46:46]
So the surrounding property owners are okay with the barns as well?
[1:46:55]
Does not hear any more from up here. Does the applicant wish to speak?
[1:47:01]
I have a question before you, David, could you please?
[1:47:03]
Oh, I'm sorry.
[1:47:04]
Is the barn on the property of the owners, I saw the drawing, but it doesn't look like
[1:47:10]
it's on the same property as the home of the owners.
[1:47:15]
It's on a separate parcel.
[1:47:20]
They own both.
[1:47:21]
They own both.
[1:47:22]
She owns both parcels, but it is on a separate parcel.
[1:47:27]
And that's why it does not meet the requirement of the off-site dwelling must be 200 feet.
[1:47:36]
Had the properties been combined, that wouldn't be an issue.
[1:47:43]
Okay, thank you.
[1:47:44]
Sure.
[1:47:46]
Any other comments?
[1:47:49]
Does the applicant wish to speak?
[1:47:53]
Okay.
[1:47:55]
Okay. Are there any comments in support of or in opposition other than the one that we
[1:48:03]
heard?
[1:48:03]
Mr. Chairman, no one signed up to speak in support of our opposition.
[1:48:07]
All right.
[1:48:13]
Any other questions for the staff?
[1:48:17]
I just have one question there. I was going to do it after me.
[1:48:20]
So that you guys go out and inspect everything, make sure they're compliant with the building requirements and all that stuff, and then give them the permit with those variances, correct?
[1:48:31]
Yes.
[1:48:32]
Okay. Thank you.
[1:48:35]
Is there a motion to close up here?
[1:48:37]
Can I ask another question?
[1:48:38]
Oh, I'm sorry. It's sort of hard to hear you, but go ahead.
[1:48:43]
I'm not there but does anybody know if the way that the barn is built now if it
[1:48:50]
will pass inspection? I
[1:48:54]
have to. I'm assuming that's if we can defer to the
[1:48:58]
building official. Sure yeah they haven't permitted it yet so it hasn't been
[1:49:02]
evaluated that last condition is intended to make sure that we have the
[1:49:06]
time to do that and if it is not meet code they'll have to modify it to meet
[1:49:10]
code or take it down. Okay. Did you hear him, Mr Smith? I did. Okay. Thank you. All right.
[1:49:20]
Do it. Get a motion to close. Motion to close a second. Second. All right. Any further
[1:49:30]
call for the motion? All in favor say aye. Aye. Aye. Aye. All opposed. And the motion
[1:49:38]
carries unanimously. All right, is there a motion regarding the proposed variance?
[1:49:47]
There is a with the conditions. All right, we have a motion and a second. Any further discussion?
[1:49:58]
Yes, I would like to ask a question about the fees that would have been paid and since they weren't,
[1:50:07]
It wasn't done by the cold. Is there any restitution that is due to the county?
[1:50:16]
If we allow this, do they still just get the regular permit amount?
[1:50:23]
Or is there a penalty? Or is there anything that we should levy on them for not following the cold?
[1:50:32]
Commissioner Smith, with respect to any fine, that could be done through the magistrate court.
[1:50:41]
They would have to have a citation issued, and then it would have to code enforcement
[1:50:44]
taken before the magistrate court. They'd be entitled to a trial on that.
[1:50:49]
But they're required to pay the permitting process.
[1:50:52]
Yeah, they're required to pay this. I'm talking about for failing, yes.
[1:50:55]
And Commissioner Smith, if you recall, excuse me, in the past there have been times where
[1:51:00]
this board has considered in a situation like this where they doubled the permit fee to
[1:51:05]
address the non-compliance, if you will, looking back, but that's not recommended as
[1:51:10]
part of the four conditions before you tonight, so they would just pay the normal permit
[1:51:13]
fee.
[1:51:17]
I hear you.
[1:51:18]
Thank you.
[1:51:20]
Okay.
[1:51:23]
Your motion is second.
[1:51:24]
We have a motion and a second
[1:51:28]
Ready for the vote all in favor say aye. Aye all opposed by like sign. I
[1:51:36]
Didn't hear you mr. Smith. I'm voting in affirmation. Okay. Thank you. Thank you. So
[1:51:42]
Motion carries unanimously.
[1:51:46]
All right going to item number four
[1:51:51]
public hearing petition number
[1:51:53]
C-O-N-D-U-S-E conditional use, 25-01, filed by Page Doc Weiler, requesting a neighborhood
[1:52:03]
agricultural conditional use permit for property located at 9210 East Highway 16 Senoa District
[1:52:13]
1.
[1:52:13]
Ms. Blackwell, you're going to present that as well.
[1:52:16]
Yes.
[1:52:17]
So we have applicant Page Doc Weiler requesting a conditional use permit under
[1:52:22]
Petition 2501. The applicant is requesting a conditional use permit under Article 7,
[1:52:28]
Section 75, Item 10, for a neighborhood agribusiness on property located at 9210 Highway 16 in
[1:52:37]
Sonoy which is zoned RC Rural Conservation. Here is an aerial view of this part of Sonoy.
[1:52:44]
You can see Highway 16 in the subject property which is approximately 12.81 acres. The surrounding
[1:52:50]
surrounding properties are zoned RC. The most affected property owner to the south is in
[1:52:56]
support of the conditional use permit. So the same people in the last variance. They're
[1:53:05]
in support.
[1:53:10]
The applicant, a partial owner of Doc Brown Farm and Distillers, a family-owned small
[1:53:15]
batch craft distiller, proposes to introduce agritourism activities on site. Currently
[1:53:22]
Early heirloom corn is grown on the property and spirits are distilled off-site at the
[1:53:27]
distillery of modern art in Atlanta.
[1:53:30]
Some of the proposed activities include educational tours and workshops, retail sales consisting
[1:53:35]
of Doc Brown branded merchandise and spirits, events and experiences including spirit tastings
[1:53:43]
and weekend food truck events.
[1:53:46]
The applicants have proposed the operational hours for this neighborhood agricultural business
[1:53:50]
to be Thursday through Saturday, 10 a.m. to 8 p.m.
[1:53:57]
And here is the site plan that was submitted with the application.
[1:54:03]
They are proposing placing a barn right about here,
[1:54:09]
and a pollinator garden and cornfields.
[1:54:19]
Here are renderings of the proposed main building,
[1:54:22]
a barn that is approximately 2,400 square feet.
[1:54:28]
Here are photos staff took of the property.
[1:54:30]
The top photo was taken on the subject property looking towards the applicant
[1:54:35]
tome. The second photo is looking towards the road and the side of the
[1:54:44]
property.
[1:54:48]
The community development department submits the following factors
[1:54:52]
for consideration. The neighborhood agribusiness conditional use permit is
[1:54:57]
consistent with the recommendation of the comprehensive land use plan to
[1:55:01]
protect the quality of residential areas, protect the county's natural resources through
[1:55:07]
best management practices and controlling erosion and water quality, and to support
[1:55:12]
agricultural activities where they can remain a vital part of Caledas economy.
[1:55:18]
The proposed neighborhood agribusiness is a consistent agricultural activity in the
[1:55:24]
RC zoning district.
[1:55:26]
Based on staff comments and recommended conditions, the proposed use should not have any
[1:55:31]
adverse impact on public facilities and the request is made under conditional
[1:55:38]
uses in the RC zoning district under the neighborhood agribusiness which allows
[1:55:43]
for commercial type activity if the request is approved.
[1:55:51]
Should the board
[1:55:52]
approve this request the community development department submits the
[1:55:56]
following conditions for consideration. One, all Coweta County Code of
[1:56:01]
ordinances shall be adhered to unless a variance is granted through the normal review process.
[1:56:07]
Two, the driveway shall be paved for the first 100 feet and shall be a minimum of 20 feet wide.
[1:56:13]
Three, all applicable ADA and Georgia accessibility requirements will have to be met. This will
[1:56:20]
include adequate paved handicap parking and a compliance certification letter from a registered
[1:56:25]
professional before the site can be licensed for business or buildings occupied.
[1:56:29]
4. Applicants shall provide adequate and accessible plumbing facilities to the public.
[1:56:36]
5. The applicant shall provide a more detailed site plan to the development review division prior to the permitting of any building or licensing of the business.
[1:56:46]
6. The applicant shall obtain a land disturbance permit within a 12 month period beginning the next business day following approval by the board.
[1:56:54]
If the applicant fails to do so, the Board may initiate revocation of the conditional
[1:56:59]
use permit.
[1:57:04]
7.
[1:57:05]
The proposed new structures must be 100 feet from any property line unless a variance is
[1:57:10]
granted.
[1:57:11]
8.
[1:57:12]
Any site and building lighting installed shall incorporate downcast full cutoff fixtures
[1:57:18]
to prevent adjacent properties and streets from being affected by glare or direct
[1:57:23]
illumination.
[1:57:24]
9.
[1:57:24]
The applicant shall resolve any drainage or site development issues affecting the Georgia Department of Transportation right away.
[1:57:32]
10. The owner-operator shall agree to work with the county in good faith to address any concerns or complaints related to odor, glare, noise, or similar objectionable features.
[1:57:45]
11. The day's hours of operations and activities shall be limited to Thursday through Saturday, 10 a.m. to 8 p.m.
[1:57:53]
12. All applicable requirements of the local, state, and federal alcohol laws shall be met.
[1:58:01]
13. Prior to commencing any on-site activities, the applicant must obtain a certificate of completion occupancy and a business license for the site.
[1:58:15]
And here's that site plan again. Any questions for staff?
[1:58:19]
Yes, Nicole.
[1:58:20]
Yes.
[1:58:21]
Can you go back to the land disturbance clause,
[1:58:27]
where I think they had 12 months to do the
[1:58:31]
land preparation and is that 12 months for a conditional use permit and 18 for other
[1:58:40]
type of construction?
[1:58:44]
I guess, historically, we have been giving 12 months, but you're welcome to make it whatever
[1:58:54]
you like.
[1:58:55]
Well, I just thought it should be consistent with other land use projects.
[1:58:59]
So if we give an 18 for others, I'm just wondering, was that a typo or is it designed
[1:59:05]
to be less?
[1:59:07]
Commissioner Smith, I think part of the discussion, and I don't want to speak
[1:59:09]
for Mr. Ameson or Mr. Sewell is the scope of the project and the size of the property.
[1:59:15]
I think staff those like 12 months is adequate for this size project.
[1:59:22]
Okay.
[1:59:23]
I was just curious as to why it was 18 on 1 and 12 on another.
[1:59:30]
Thank you, Michael.
[1:59:35]
Does the applicant wish to speak on this?
[1:59:41]
I can.
[1:59:42]
I'm Amy Brown.
[1:59:44]
I'm the Brown of Dot Brown Farm and Dot Brown Farm and Distillers.
[1:59:48]
220 years ago Matthew Brown left Scotland and landed through Charleston and hit Hog Mountain, Georgia.
[2:00:00]
Page Dock Mountain, Georgia is. It's right at the mall of Georgia. His first and only career
[2:00:07]
was farming. Ever since that time, for 220 years, my family has had a farmer consistently in
[2:00:19]
the family. And that mantle has now fell on my shoulders to carry on that legacy. And also
[2:00:27]
So with me tonight is Paige Dockwaller of The Dock and my son Danny, which this will
[2:00:33]
be transferred to his generation as it goes on.
[2:00:38]
Farming is critical to the United States of America.
[2:00:42]
It is critical to every city and every town.
[2:00:46]
And how we farm is critical to the regeneration and the restoring of our land that has
[2:00:54]
been harmed.
[2:00:55]
We use zero chemicals such as Roundup, our corn is non-genetically modified corn,
[2:01:03]
our abruzy rye is also non-genetically modified, which means that we can't
[2:01:08]
spray it with harsh chemicals and put toxins in air or into the ground. We
[2:01:15]
balance our ecosystem with the use of bees, I have one on tonight, with the
[2:01:21]
use of bats and owls. Y'all can study how that's done, but we've done a beautiful job
[2:01:27]
at balancing the ecosystem around us. Daily, daily, I get calls, texts, emails, Facebook
[2:01:37]
messaging. Can we come see a farm? And for years we have said no or hey come visit us
[2:01:46]
and we walk them around the farm and we show them what we do and how we do it.
[2:01:53]
That demand is growing by the day. Every single day, many, many times a day, I get calls, texts and emails.
[2:02:03]
Our whole goal in doing this is to educate people about the necessity of the American farmer
[2:02:12]
and the American way of life which this country was founded on by my family in 1816.
[2:02:20]
So we appreciate the opportunity and I would like to commend the staff that
[2:02:28]
have we have all worked with and met with and they've been out to the farm
[2:02:32]
they visited us they've been nothing but delightful to work with. We love
[2:02:38]
being a part of this community and we want to showcase the rural side and the farming
[2:02:43]
side of Cali County and have folks visit our farm.
[2:02:49]
So thank you for this opportunity.
[2:02:51]
Thank you.
[2:02:55]
Are there any signed up to speak?
[2:02:59]
No, Mr. Chairman.
[2:02:59]
No one signed up to speak in support or opposition to this public hearing.
[2:03:05]
The motion to close the public hearing.
[2:03:09]
Second.
[2:03:09]
any further discussion? All in favor say aye. Aye. All opposed? All opposed by the same sign? Carries unanimously.
[2:03:21]
All right. And I guess we need to call for a motion regarding the proposed variance.
[2:03:30]
I'll make a motion to approve the CEP with conditions as presented.
[2:03:34]
All right. You heard that motion. Is there any further? You heard the motion and you
[2:03:43]
heard the second. Is there any further discussion? Hearing none, all in favor say aye.
[2:03:49]
Aye. Aye. Aye. All opposed by the same. It carries unanimously. Thank you very much.
[2:03:57]
Good
[2:03:57]
luck on your farming.
[2:04:01]
There was one thing though Mr. Chairman that she forgot to mention
[2:04:04]
and that's an all-woman-run business. So that's something to send kudos to.
[2:04:16]
Okay. We've done the setback. We've done the conditional use. We're down to number five.
[2:04:23]
Public hearing regarding petition number VAR 24-20 and number VAR 25-01 filed by Seth Lee Tarpley
[2:04:35]
requesting buffer and setback variances for property located on Cowey to Herd
[2:04:41]
Road in unincorporated Cowey to County District 2. Ms. Blackwell you seem to
[2:04:48]
have the high number tonight so carry on. Applicant Seth Tarpley is requesting
[2:04:56]
variances under petition 2420 and 2501. Applicant is requesting a variance
[2:05:03]
under Article 21 Section 214.1a and b for stream buffer and setback reductions for structures that
[2:05:12]
have already been placed on the property located at 1127 Coweta Herd Road.
[2:05:21]
Here you can see where
[2:05:22]
the property is located relative to Coweta Herd Road. The subject property is approximately 30.63 acres.
[2:05:30]
The
[2:05:37]
applicant intends to construct a home on the property.
[2:05:41]
However, a stop work order was issued in October of 2022 after a site plan review revealed that two structures had been built without the necessary permits and without meeting ordinance requirements.
[2:05:58]
The two structures are this log cabin and this metal barn.
[2:06:07]
The metal barn is actually two separate accessory buildings.
[2:06:11]
Construction of the proposed new home right here remains on hold until these issues are resolved.
[2:06:24]
Here are some pictures stuff took of the property.
[2:06:27]
Again, applicant is applying for variances so that he and his family can build their home on their property.
[2:06:41]
First, let's take a look at the log cabin.
[2:06:45]
The applicant is seeking relief from the 25-foot state water buffer and the county's stream
[2:06:51]
corridor protection buffer and setback requirements.
[2:06:55]
This cabin was originally a pole barn and was later converted into a cabin after the
[2:07:00]
applicant purchased the property.
[2:07:03]
No building or septic permits were obtained.
[2:07:06]
The log cabin does not meet the minimum square footage requirement for a primary
[2:07:10]
residential dwelling. If considered an accessory structure, the parcel lacks a
[2:07:17]
primary structure and it encroaches on the 25-foot state water buffer in the
[2:07:23]
county stream corridor protection buffers and setback requirements. The
[2:07:27]
applicant has proposed the following mitigation measures. The installation of
[2:07:32]
gutters with rain barrel collection systems to capture runoff and the
[2:07:37]
removal of the septic system.
[2:07:43]
Then we have the metal barn, Variance 2501. The
[2:07:48]
applicant seeks relief from the county's stream corridor protection buffer and
[2:07:51]
setback requirements. The metal barn consists of two accessory structures
[2:07:55]
built after the applicant purchased the property. While labeled a metal barn
[2:08:00]
on the site plan, the structures are currently being used as storage for
[2:08:05]
items unrelated to farming, including windows and doors for the proposed
[2:08:09]
future home. If the structures are considered barns they do not meet the
[2:08:15]
100-foot barn setback requirement. No building permits were obtained. The two
[2:08:21]
accessory structures are less than 10 feet apart violating setback
[2:08:26]
requirements and the structure on the right encroaches on the county's
[2:08:30]
stream corridor protection buffers.
[2:08:35]
Consideration for a variance request
[2:08:37]
The request must be reviewed by the seven factors under Article 28 of the Cahuilla County
[2:08:42]
Zoning and Development Ordinance.
[2:08:45]
Highlighted factors are the intent of the ordinance is to provide protection to state
[2:08:51]
waters and removal of the structures may adversely impact the stream more so than
[2:08:58]
allowing it to remain.
[2:09:04]
Should the Board approve this request, the Community Development Department is
[2:09:08]
submitting the following conditions for consideration for Variance 2420, the log cabin.
[2:09:15]
1. Applicants shall provide to the county all necessary building and engineering plans,
[2:09:21]
inspections and certifications for building officials approval and certificate of occupancy
[2:09:26]
and completion issuances. If the building official deems it an impossibility, then the applicant
[2:09:33]
Applicant shall obtain a demolition permit and remove the structures and re-stabilize
[2:09:38]
all disturbance with permanent vegetation.
[2:09:41]
2.
[2:09:41]
Applicant shall provide approved stormwater runoff mitigation for encroachments into
[2:09:46]
the buffers as approved by the county development review staff and inspected by the county
[2:09:54]
development inspector.
[2:09:56]
3.
[2:09:57]
3. If the log cabin is allowed to remain as per condition number 1, then the applicant
[2:10:03]
shall provide a deed restriction for the log cabin to be used as a guest house under
[2:10:09]
the guest house provisions of the Caledic County Code of Ordinances. If not allowed
[2:10:15]
as a guest house, the applicant shall amend or demo the structure as directed by the
[2:10:20]
4.
[2:10:23]
The structure shall not encroach any further into the state and county stream
[2:10:27]
water protection buffers or setbacks.
[2:10:33]
The existing unpermitted septic
[2:10:35]
absorption field shall be removed. 6. If it is determined that no new septic
[2:10:41]
system can be permitted for the cabin, water service must be disconnected from
[2:10:46]
the log cabin. All plumbing fixtures shall be removed and the structure
[2:10:51]
shall be documented as a non-dwelling unit through a deed restriction.
[2:10:56]
7. All buildings shall be reviewed by a state licensed engineer to confirm conformance with the adopted building codes
[2:11:04]
and shall be documented and submitted to the building official for review and approval.
[2:11:09]
8. Applicants shall provide these above conditions prior to the release of the in-place stop work order for the residential house.
[2:11:18]
9. The applicant shall apply for any additional variances as may be determined at a later
[2:11:25]
date.
[2:11:29]
As for the metal barns, should the Board approve this request, the Community Development
[2:11:37]
Department is submitting the following conditions for consideration for variance 2501, the
[2:11:44]
metal barn. 1. Applicant shall provide to the county all necessary building and engineering
[2:11:50]
plans, inspections and certifications for building officials approval and certificate
[2:11:56]
of occupancy and completion issuances. If the building official deems it is an impossibility,
[2:12:02]
then the applicant shall obtain a demolition permit and remove the structure and restabilize
[2:12:07]
all disturbance with permanent vegetation too. Applicant shall provide approved stormwater
[2:12:14]
runoff mitigation for encroachments into the buffers as approved by the county
[2:12:20]
county development review staff and inspected by the county development inspector.
[2:12:25]
Three, if the metal barn is allowed to remain as per condition number one, then the applicant
[2:12:32]
shall provide an acknowledgement of intent letter and deed restriction to the county
[2:12:37]
building permits and inspection staff that the structure is not used as an agricultural
[2:12:43]
use barn unless a setback variance is approved by the Board of Commissioners.
[2:12:48]
4. The structure shall not encroach any further into the county's stream water
[2:12:55]
protection buffers or setbacks.
[2:12:59]
5. The two accessory structures that make up the
[2:13:03]
metal barn shall be connected into one unified accessory structure unless a
[2:13:07]
variance is applied for and approved by the Board. 6. The utilization of
[2:13:12]
rain barrels. Collecting water from gutter runoff shall be required or some other form
[2:13:18]
of approved stormwater runoff mitigation. 7. All buildings shall be reviewed by a state
[2:13:24]
licensed engineer to confirm conformance with the adopted building codes and shall
[2:13:29]
be documented and submitted to the building official for review and approval. 8. Applicants
[2:13:34]
shall provide these above conditions prior to the release of the in-place stop-work
[2:13:40]
order for the residential house nine the applicant shall apply for any additional
[2:13:45]
variances as it may be determined at a later date and
[2:13:53]
there's a site plan any
[2:13:54]
questions for staff
[2:14:04]
so the cabin has plumbing and
[2:14:10]
an unpermitted septic
[2:14:12]
sitting next to a stream is that is that what I heard yes and
[2:14:23]
and they so
[2:14:24]
So when did they, they came to you first in October of 2022?
[2:14:28]
That's when you made them aware of this?
[2:14:31]
I believe that, was it the building department became aware of this when they submitted plans,
[2:14:37]
site plans for their home that they would like to build.
[2:14:44]
So almost two years ago, that's what you're saying.
[2:14:50]
How old is the cabin?
[2:14:51]
Where was it built?
[2:14:52]
Originally it was a pole barn. They purchased the property in...
[2:15:02]
Commissioner, if I may. According to what I found on Google Earth imagery, upon the poe barn,
[2:15:12]
which was later converted into the log cabin, was built between 2012 and 2015. The applicants
[2:15:22]
didn't purchase the property until 2017. So the poe barn was already there before they
[2:15:29]
purchased the property. But it's my understanding that they continued with
[2:15:34]
improvements on the what we're calling the log cabin. And this is going to be a
[2:15:40]
primary residence or just a getaway place? No sir, they want to build their
[2:15:45]
primary residence. This was simply a log cabin that they had built. They
[2:15:53]
want to permit it as a guest house. Well that's kind of what staff was
[2:15:57]
thinking that you guys were okay with them leaving it, you know that we needed
[2:16:02]
some way to handle it, it being a separate dwelling, but it's kind of hard
[2:16:10]
as this was a hard one. Does it have power? Yes sir. So you made a comment too
[2:16:17]
that I guess by removing it or letting it stay, you know there, in other words if
[2:16:26]
you're moving may cause more damage and if you just let it stay can you
[2:16:28]
expand on that? Yes, sir. I can. Well, I, you know, just demolishing it would cause land
[2:16:36]
disturbance within the buffer. You know, it's there. Everything's stable.
[2:16:40]
Everything's stable now, but they move it or have to tear it down. You know, it's
[2:16:47]
going to cause some land disturbance that, you know, could impact the state
[2:16:51]
water. But the septic could already be doing that. Could be. Yeah. Do we
[2:16:58]
We know what kind of flooring this log Kevin has it.
[2:17:02]
I don't know, sir.
[2:17:03]
I mean, is it a concrete floor?
[2:17:05]
I guess we can ask him.
[2:17:08]
Yes.
[2:17:08]
OK.
[2:17:10]
I have a question.
[2:17:12]
Yes, sir.
[2:17:13]
I thought that I heard if you tear the barn down,
[2:17:17]
it could cause more damage than it could solve.
[2:17:23]
Now, maybe it was the cabin.
[2:17:25]
But I thought they said if you tear the barn down,
[2:17:28]
it would also be a detriment.
[2:17:32]
Well it could.
[2:17:33]
Nicole?
[2:17:34]
Yes sir.
[2:17:35]
Yes sir.
[2:17:35]
I think either one that encroaches the buffer, the idea of the buffer is to remain undisturbed.
[2:17:43]
But you know honestly I think staff has given you guys an opportunity to go either way depending on how you feel about it.
[2:17:51]
But again the septic could be encroaching on the water and the stream buffer right now as we speak.
[2:17:56]
But either way, will the septic have to come out, the septic has to come out either way?
[2:18:02]
I would think so, yes sir.
[2:18:05]
On the log, there's no septic for the...
[2:18:08]
Not that I'm aware of. That's right.
[2:18:11]
So if they can't perk, according to the septic permit they can't perk, then you can't put plumbing in there.
[2:18:17]
Correct.
[2:18:17]
Okay.
[2:18:20]
But the problem here is it's too close to the lake to leave the septic intact.
[2:18:25]
Yeah.
[2:18:27]
They, I'm not sure exactly where the septic is located, but the log cabin encroaches both
[2:18:33]
the county and it encroaches the state water buffer just a little bit, too.
[2:18:37]
If you look around Catter County, there'd be a thousand grandfather cabins that have
[2:18:44]
something.
[2:18:45]
I mean, that world didn't come into the 80s, maybe?
[2:18:49]
75, I believe.
[2:18:51]
75.
[2:18:52]
I think the problem with this Commissioner Lightburn is it was a
[2:18:56]
bull barn and sometime after that they've continued to add on to make it a
[2:19:02]
dwelling that does not meet the ordinance. One of my concerns also is as I
[2:19:06]
understand there's no assigned address to the property because it's not a
[2:19:10]
permitted dwelling. So from a public safety standpoint we we wouldn't know
[2:19:13]
how to respond to this address today. So we're looking for some direction on
[2:19:17]
how to deal with it, but that's another consideration.
[2:19:21]
Now, you're talking about the address having the number on it.
[2:19:25]
Will that go for the house, or does that go for the log cabin?
[2:19:29]
Well, will it be separate?
[2:19:30]
Currently, there's no address, I believe.
[2:19:32]
That's correct.
[2:19:32]
I mean, if we were to.
[2:19:35]
If you guys were to approve it, that
[2:19:37]
would give staff the latitude to sign an address
[2:19:39]
if it was a guest home.
[2:19:41]
Oh, OK.
[2:19:42]
If it's a guest home.
[2:19:43]
Correct.
[2:19:43]
Today, it's not registered as anything
[2:19:45]
as an unpermitted structure.
[2:19:46]
sure. Okay. So do I understand it correctly that the home is occupied now? No. No, the
[2:19:55]
applicants do not live in that cabin. Do we have a time frame of when the primary structure
[2:20:00]
is to be started under construction? I'm not sure. I think they're just waiting tonight
[2:20:06]
to find out what happens to see if they can, because they originally back in 2022 submitted
[2:20:11]
plans for
[2:20:16]
the house but and that's why it was stopped so I'm sure they would like
[2:20:22]
to be whatever way you got whatever you decide they would like to build their
[2:20:27]
house I guess my next question would be for the applicant or the property
[2:20:34]
the owner. And that's Seth Lee Tarplin. Can I ask a question first? Yes. It sounds like
[2:20:45]
it sounds to me like the cabin and the barn are hazardous to the environment.
[2:20:54]
Am I hearing
[2:20:56]
that? Anybody else hearing that? It sounds like both of them need to be gotten rid of,
[2:21:02]
but they're so close to the lake in the stream bed that it's hazardous to leave it there
[2:21:08]
and it's hazardous to take it down.
[2:21:14]
I think that's a fair statement.
[2:21:18]
Have they done any
[2:21:20]
environmentals to see if there's any contamination from this? I think we've spent the last couple
[2:21:30]
of years trying to, you know, they've hired an attorney to try to help them and they've hired
[2:21:35]
an engineer to try to help them and we've tried to reach out to the EPD for some guidance
[2:21:42]
or some corrective action and it's just been kind of, I don't think the EPD wants to be
[2:21:50]
involved in somebody's backyard like this without a complaint.
[2:21:56]
We typically have a complaint policy.
[2:21:59]
We don't have a complaint on this issue and this is something that staff has been
[2:22:04]
and trying to work with the tarplies to try to come up with a solution, the building official
[2:22:12]
says that it's likely going to be very difficult for them to bring the log cabin into compliance
[2:22:21]
with today's regulations, but he doesn't know because, you know, he hasn't really
[2:22:31]
investigated it yet or inspected it yet so there's some there's some doubt
[2:22:37]
there but and that's why the condition was worded we tried to staff tried to
[2:22:42]
word the condition to you know to provide some some I guess an option so if
[2:22:49]
they could get it in compliance then okay maybe it's okay but you know but
[2:22:55]
But that's, you know, that's irrespective of the, of the septic system issue.
[2:23:01]
Well, I mean, I would, I would suggest, I mean, I get, I get the point, but if, you know,
[2:23:08]
you can, you can do all the inspections, but you can stop, stop the plumbing now.
[2:23:14]
Sure.
[2:23:14]
You know what I'm saying?
[2:23:15]
So it doesn't, the septic, and then if you find a liable, you know, per part of
[2:23:20]
property when you put a leak field on me like that, then you've kind of solved some of your
[2:23:25]
issues right there. But to me, the plumbing in my opinion should stop now because we don't
[2:23:34]
know if it's contaminating the groundwater.
[2:23:38]
So it should be used for that purpose right
[2:23:40]
now.
[2:23:42]
I understand.
[2:23:44]
And that would still give them the ability to go out and see if they can perk the
[2:23:49]
plan and put in a correct septic system and be able to convert it over.
[2:23:54]
So without
[2:23:58]
tearing it down yet, and then you go in there and do your inspections and stuff.
[2:24:03]
I mean, that's what that's what I'm thinking.
[2:24:09]
Uh, yo, got any further for all the Africa?
[2:24:14]
I guess what I'm saying is that you guys see this as an option.
[2:24:18]
I guess.
[2:24:18]
Absolutely.
[2:24:18]
Would you see that option?
[2:24:20]
vibrant to where you just basically stop the flowing now that the right okay
[2:24:24]
alright that's fair okay mr. Tarkley would you come up and let us ask you
[2:24:34]
some questions or you tell us what you want us to hear whoever's gonna speak
[2:24:38]
for you or okay I was gonna say I received a phone call and and they
[2:24:47]
were really bragging on they would love to have y'all as neighbors and how nice
[2:24:52]
you are and I don't know that much about Seth but I think I've had a little
[2:24:58]
contact with you and if you're the part of the top top please that I'm aware
[2:25:05]
of but you you're welcome tonight and speak on behalf of y'all's property
[2:25:13]
Thank you.
[2:25:16]
Hey everyone, my name is Shelby Tarpley. I'm here with my husband Seth and our son Rip. Sorry for the toddler outburst tonight.
[2:25:23]
Could you give us your address, please?
[2:25:26]
We are currently living with my parents in 15 Chinman Place, Sharpsburg.
[2:25:30]
Okay.
[2:25:30]
But the addressing question that, when we bought it, it was considered 1127, Kalwita heard.
[2:25:36]
I'm not sure if that's going to be the address or not, but I just want to say I was a homicide detective for 10 years
[2:25:42]
and not once was I worried about court testimony, but if I'm a little flabbergasted, I'm sorry.
[2:25:51]
But I just want to say, I just want to say thank you for your consideration and kind
[2:25:55]
of give you a rundown of what we've been going through the past three years.
[2:25:59]
So we bought the property back in 2017.
[2:26:03]
My husband proposed to me on the property in 2019.
[2:26:06]
we got married on our property in 2020 and it's exactly where we want to build our
[2:26:12]
house. Little backstory, before we got married my father-in-law decided to
[2:26:19]
build this cabin on our property and at the time it was just a pole barn and when
[2:26:25]
we purchased this property we did not know about the water restrictions. We
[2:26:31]
just had no idea. You know we were looking at a beautiful piece of property
[2:26:35]
where we could come camp come hunt and fish. We'd like to do all the outdoor
[2:26:40]
activities so it was just very exciting. He enclosed the cabin and honestly it we
[2:26:48]
were just wanting to use it as a spot to do Thanksgiving Christmas just come and
[2:26:53]
camp. I mean it was never going to be a guest house or anything of that
[2:26:57]
nature. We always wanted to build our home. It was just a place to come
[2:27:01]
hang out instead of having to bring campers. And when we went to apply for our build permit
[2:27:06]
for our home, you know, we came across all these obstacles and I'll be the first to admit
[2:27:11]
I'm the one when I left policing, I cashed out my retirement and I said, I'm going
[2:27:16]
to contribute before I'm going to stay at home mom, I'm going to pay for our building
[2:27:20]
in our shop. And through recommendations, we had a couple of friends recommend out
[2:27:24]
of state company, which is who I hired. And I don't want to say that I really
[2:27:30]
didn't look into it further, but I was under the assumption that when you pay this company
[2:27:35]
$50,000 that they handle all of the aspects. So I apologize to you. That is my wrongdoing.
[2:27:44]
We have suffered for it for the past three years. Sorry. But I would just like to apologize.
[2:27:50]
Like I said, we're not trying to be malicious. We're just trying to build our home.
[2:27:55]
We've been living between family members for the past three years.
[2:27:59]
We started this when my son was one month old. He turns four in June. Sorry.
[2:28:07]
We had already paid our builder their builder fee of $30,000. We have already started our home loan.
[2:28:15]
We lost our home loan back in December because our concrete was not poured.
[2:28:20]
I brought some documents that I can show you where I had to call and write ten page letters to the banks,
[2:28:27]
you know giving them the rundown of what we were trying to do. We hired Melissa
[2:28:31]
Griffiths and we worked with her and Dan Davis who's an engineer for three
[2:28:36]
years. We no longer work with her. I just feel like the last 36,000 dollars
[2:28:43]
they got from us it just let us know where. We were doing soil tests, we were
[2:28:48]
doing mapping, we had our surveyor at our house every other week. We just
[2:28:54]
we felt like we were doing everything that the two of them asked us to do and
[2:28:59]
three years later we're still in the same spot so my husband and I went to Mr.
[2:29:04]
John and said we're coming to you directly what what can we do we will do
[2:29:10]
whatever we need to I just asked that you have some compassion like I said
[2:29:16]
we're not trying to be malicious we were just looking for a place to start
[2:29:21]
our family. I know that the shop is being called a barn. We don't have livestock or
[2:29:26]
anything in there. Right now I have all of my bedroom furniture. We have his jeep, our
[2:29:31]
camper boat. We have all of the doors and windows that we already purchased for our home.
[2:29:37]
We're currently paying $96,000 back on a home loan that was canceled because we
[2:29:42]
already had our grading done. We already ordered materials for our house and they're
[2:29:47]
sitting in between the shop and the cabin.
[2:29:50]
So I would just, I'm open to answer any questions you have.
[2:29:55]
I just ask that you please, you know, look at us is.
[2:30:00]
Compassionate humans and just please accept my apology and know that we're not rule breakers.
[2:30:06]
Like I said, I was a police officer for 10 years. But at this point, we're going to do what we need to do.
[2:30:12]
We just want to build our home and continue growing our family.
[2:30:16]
Do you have any questions, commissioners? No. No.
[2:30:22]
Thank you. All right. Thank you, guys.
[2:30:25]
Mr. Fass, do we have any in support or opposition to this proposed variance?
[2:30:31]
No, sir.
[2:30:32]
Mr. Chairman, no one signed it to speak on this public hearing.
[2:30:37]
Motion to close the public hearing.
[2:30:39]
Second.
[2:30:40]
There is a motion and a second to close the public hearing.
[2:30:43]
Any further discussion?
[2:30:44]
All in favor say aye.
[2:30:46]
Aye.
[2:30:47]
Aye.
[2:30:48]
Those opposed?
[2:30:49]
Not hearing any.
[2:30:51]
It carries unanimously.
[2:30:56]
do we,
[2:31:01]
this is in my district and I'm going to, I'm going to muddle through this because
[2:31:07]
we're talking about three different things. Let's take the log cap and
[2:31:20]
I hear John, you
[2:31:23]
and Nicole and others say that it may be more detriment to tear down the existing
[2:31:29]
structure than it is to leave it. So this would be my suggestion is to leave the structure
[2:31:36]
But take out septic tank. It has not been approved. We don't know if it's leaching into the streams or anything about it.
[2:31:48]
Plus I would like for them to get that approved.
[2:31:56]
Can I make a comment to that?
[2:31:57]
Yes.
[2:31:57]
Mr. Chairman, so I would agree with you, but I think removing the septic leaks field would
[2:32:04]
be a detriment because you have a land.
[2:32:06]
You're disturbing the land.
[2:32:07]
Am I right, Mr. Ramison?
[2:32:08]
When you pull out the leak field and the septic, so if you let it there, just stop
[2:32:13]
it, quit, stop the plumbing from the structure, it would eventually dry itself out and go
[2:32:20]
away.
[2:32:20]
I mean, so it wouldn't be an impact.
[2:32:21]
You wouldn't have disturbed land.
[2:32:23]
It would become a dead field.
[2:32:24]
Am I correct, Mr. Ramison?
[2:32:26]
Yes, sir.
[2:32:26]
If I could add, could we involve the Environmental Health Department in doing this, since that's their line of business?
[2:32:35]
That's who they'd have to get the permit from, right?
[2:32:38]
Yes, sir.
[2:32:38]
So, I don't know exactly how to pose that if the environmental folks come back and say it can't be done, but without taking it out.
[2:32:53]
but my son-in-law is going through this right now that's why I know they're
[2:33:00]
leaving the existing leak field there to die and they put in a new one and that's
[2:33:05]
how the EPD did it they just let it go what about the sifted tank itself it
[2:33:09]
basically drains itself and it's just it becomes so it's just a empty you need
[2:33:14]
to fill it and then cap it fill it with their sand yeah mr. chairman
[2:33:21]
The recommended conditions were those nine conditions and so far the ones you're
[2:33:26]
mentioning are already listed the one item number five I believe it is
[2:33:31]
condition five the existing unpermitted septic absorption field shall be
[2:33:34]
removed so you could simply change that to as directed by environmental health
[2:33:38]
and let them handle it if that's the board's pleasure right that down is
[2:33:52]
Is there water service? They said that there was electricity. I didn't ask about the water
[2:33:59]
service. Is there well or is it?
[2:34:00]
Well.
[2:34:01]
I serve city water.
[2:34:03]
City water?
[2:34:04]
County water.
[2:34:04]
County water.
[2:34:05]
County water.
[2:34:07]
Wow.
[2:34:08]
That's interesting.
[2:34:15]
Well, my question is still, are they trying to save the cabin? Because I'm going to
[2:34:22]
One of them at a time and I want to find out what we're going to do with their log cabin if if anything if this at this point
[2:34:29]
I think it would be consensus from what I can gather that the cabin remain
[2:34:34]
Yeah, my question later. They want to try to turn it into a guest house, which
[2:34:39]
Sure, we're not sure if the
[2:34:41]
Well, they have to make sure they have to get septic perk and all that stuff. Yeah
[2:34:46]
One of the conditions
[2:34:49]
Since they're in the stream buffer
[2:34:51]
they also know not to expand upon the structure in the future as well is that
[2:34:56]
in there it's I don't believe that's a condition but we could add that do you
[2:35:02]
not agree with it yeah no you're right you're right because I mean if they can
[2:35:06]
mitigate yes I'm saying they'd mitigate I'm okay with it okay
[2:35:12]
that's about you okay with it yes are you recommending staffs recommended nine
[2:35:18]
conditions. Change number five. Correct. And just no further expansion. And I don't
[2:35:26]
I don't know if number six if it says if it's determined that no septic
[2:35:29]
system can be permitted your water service must I mean we're gonna wait
[2:35:32]
for that to be done before you discontinue water service or what. Yes
[2:35:36]
I'd be determined if the structure cannot be permitted then obviously we
[2:35:40]
would move to that next step. Is that something that we need to add? I believe
[2:35:47]
I believe it's covered.
[2:35:48]
I believe it's covered.
[2:35:50]
I think you've got to have, if it's a dwelling,
[2:35:53]
you have to have running water.
[2:35:55]
So it can't be a dwelling.
[2:35:57]
Okay.
[2:36:01]
Add the 10th condition of your expansion.
[2:36:03]
Yeah.
[2:36:05]
Right.
[2:36:08]
So that looks like, so we modified 5 and added number 10.
[2:36:12]
All right.
[2:36:14]
You want to vote on those independently?
[2:36:16]
Well, I think we probably need to do so.
[2:36:20]
we're going to vote on the log cabin first. So I'd make a motion that we allow
[2:36:32]
the log cabin with the conditions that are given there are 10 with the where
[2:36:39]
nine I think and then we expanded and went to 10.
[2:36:45]
So that's my motion on the
[2:36:49]
allowed cabinet. I'll second. I have a motion to second. Is there any further discussion?
[2:36:56]
So was number 10 resolved that the septic field would be allowed to die in the septic
[2:37:05]
tank field with sand or dirt? Is that what that's what we're talking? That's modification
[2:37:12]
for number five, number 10, is they can't expand on the current dwelling. Okay. All
[2:37:17]
Alright.
[2:37:20]
Thank you, Chairman.
[2:37:21]
Okay. Anything further? Ready for the question?
[2:37:26]
All in favor say aye.
[2:37:28]
Aye. All opposed?
[2:37:31]
Okay. Carries unanimously.
[2:37:35]
On the VAR 2501, which is the metal barn.
[2:37:47]
My heart goes out to you when you talk about
[2:37:51]
hiring people to and you know you're new to building and that kind of stuff. If my
[2:37:59]
heart goes out to you to understand how you can you can be took you know and
[2:38:05]
thinking everything is fine.
[2:38:13]
Commissions what do y'all how do you feel? I
[2:38:16]
really don't have a problem with the metal bond or the two metal buildings
[2:38:25]
from whatever they are. I think the only two things that I like it if they
[2:38:29]
mitigate just the staff. Yeah that's what I'm saying mitigated for staff
[2:38:33]
requests staff conditions that's what I would suggest to you. So I'm assuming
[2:38:40]
then is there any other discussion for why make a motion on it? Yes sir I
[2:38:48]
would I would like for them to be able to keep the barn because they have
[2:38:51]
of building materials and she says they have a bedroom
[2:38:55]
suited and stuff like that.
[2:38:57]
Yeah.
[2:38:59]
But it's so difficult because if you tear it down,
[2:39:03]
it's gonna affect the string buffer.
[2:39:06]
And if you leave it up, it's gonna affect the string buffer.
[2:39:08]
But I think it needs to be demolished,
[2:39:11]
but only after she's finished using it for storage.
[2:39:16]
I agree with you.
[2:39:18]
And I believe that my colleagues are in line with what you were saying.
[2:39:26]
So can I ask questions further?
[2:39:29]
So, Mr. Emerson, based on what Mr. Smith was saying, is if we leave it there until they're,
[2:39:38]
I guess, they build their house and you tear it down.
[2:39:40]
But I thought he says there, if you tear it down, it can cause more problems than what it's...
[2:39:45]
And that's what Mr. Smith said.
[2:39:46]
It could. I think staff's recommendation would be to for them to provide mitigation and let it stay there, do some things to do some things environmentally to try to, you know, that's what I saw.
[2:39:59]
Okay, so we're just going to mitigate it.
[2:40:02]
Okay.
[2:40:02]
Okay. Any further? My motion is to approve this request with the conditions as stated
[2:40:15]
and that staff will help mitigate this with the owners. That's my motion.
[2:40:23]
I'll second through motion.
[2:40:25]
All right. Motion is second. Any further discussion?
[2:40:28]
So basically as it stands, they're going to leave the cabin and the po-borne shed whatever intact.
[2:40:36]
They're going to turn the septic off.
[2:40:38]
They're going to turn the septic off until it's deemed okay or not okay.
[2:40:42]
I'm good with that.
[2:40:43]
Okay.
[2:40:46]
Any further questions?
[2:40:49]
Comment?
[2:40:51]
Hearing none, I'll call for the motion.
[2:40:54]
All those in favor say aye.
[2:40:55]
Aye.
[2:40:56]
Opposed?
[2:40:58]
Hearing any, the motion carries unanimously.
[2:41:02]
Mr. and Ms. Tarpley, I hope you are able to get in your new home soon and make good neighbors
[2:41:12]
to those folks that called me earlier.
[2:41:15]
Thank you.
[2:41:17]
Thank you.
[2:41:18]
All right.
[2:41:19]
Number six, public hearing regarding proposed exemptions of certain county vehicles
[2:41:25]
goes from state labeling and decal requirements.
[2:41:28]
Mr. Fouts.
[2:41:29]
Yes, sir, Mr. Chairman and commissioners,
[2:41:31]
public hearing is required to exempt certain county owned
[2:41:34]
vehicles or leased vehicles from state law that do not have
[2:41:38]
a clearly visible decal or seal on the front door
[2:41:40]
of each other vehicle.
[2:41:42]
We do have four vehicles that are in use
[2:41:44]
by the coroner's office and we're asking
[2:41:46]
that the board consider approving and executing
[2:41:49]
a resolution to exempt those four vehicles
[2:41:51]
in use by the coroner's office.
[2:41:53]
Since we've done that in the past,
[2:41:54]
I'd like to make a motion to approve that.
[2:41:56]
You've got to close the public hearing.
[2:41:57]
Oh, that's right.
[2:41:58]
It is the public hearing.
[2:41:59]
I'm sorry.
[2:42:00]
I don't got a head of town.
[2:42:02]
I'm marching on.
[2:42:03]
A motion to close the public hearing.
[2:42:04]
There you go.
[2:42:05]
Second.
[2:42:06]
Just for the record, there is no one here signed up to speak.
[2:42:08]
Oh, thank you.
[2:42:09]
Thank you.
[2:42:10]
We're going to...
[2:42:11]
I knew you would have stopped me anyway.
[2:42:15]
Motion second, all in favor, close the public hearing.
[2:42:18]
Aye.
[2:42:19]
Aye.
[2:42:19]
motion carries unanimously. All right, now I'll make that motion to approve the
[2:42:30]
exemption of these certain county vehicles as described. Since that's what we've done in the past.
[2:42:38]
Okay. Got a motion and a second. All in favor say aye.
[2:42:46]
Aye. Aye. All opposed by the same motion carries unanimously. Number seven,
[2:42:54]
public hearing regarding a proposed abandonment of a portion of Wood Drive
[2:42:59]
Noonan District two. Mr. Hanley, you've sat quietly over there the whole
[2:43:06]
evening. You'll be on the lineup for a few now. All right. Thank you, Mr.
[2:43:12]
Board members, a portion of Wood Drive near its north end previously ran behind an old
[2:43:18]
store building that was there.
[2:43:20]
And there were site distance issues associated with that store and the intersection of Wood
[2:43:31]
Drive and also the parking lot to the store, which was used as a cut through.
[2:43:38]
If you pulled up to either of those intersections, you couldn't see traffic approaching because
[2:43:42]
of the proximity of the store itself.
[2:43:45]
So after consultation with the property owner there,
[2:43:48]
the county designed to construct a realignment of Wood Drive
[2:43:53]
to move the intersection with Turkey Creek Road.
[2:43:56]
Since that new alignment has been built,
[2:43:58]
the old alignment that ran behind the old store building
[2:44:01]
is no longer needed.
[2:44:02]
So once before you tonight is the abandonment
[2:44:05]
of that old section of Wood Drive
[2:44:06]
that ran behind the old store building there.
[2:44:10]
And this was, this public hearing was advertised as required, so what's before you tonight is
[2:44:17]
the official abandonment of that section of Wood Drive.
[2:44:20]
Okay.
[2:44:21]
Motion to close public hearing.
[2:44:22]
Second.
[2:44:23]
Motion and wait a minute, I got to find out whether or not there's any comments here.
[2:44:28]
There's no one sentence fake, Mr. Chairman.
[2:44:30]
Nobody's second.
[2:44:30]
See, Bob's just as fast as I am, you know.
[2:44:34]
I made the second, yeah.
[2:44:36]
Got a second.
[2:44:36]
I got a motion and a second to close the public here. All in favor say aye.
[2:44:44]
Aye. Motion to approve the record. Second to motion.
[2:44:49]
All right. I have a motion second to approve the abandonment of the portion of Wood Drive there.
[2:44:55]
Yes, I have a question taught.
[2:44:58]
Okay.
[2:44:58]
That is, it's the, it's the
[2:45:00]
Abandoned roll going to be removed demolished.
[2:45:04]
Portions of it have been removed, Commissioner Smith. There were certain parts of it that were
[2:45:11]
retained to provide the property owner access to his home and shop building there.
[2:45:18]
Okay, thank you.
[2:45:21]
Any other questions?
[2:45:25]
I have a motion to take it. And any further?
[2:45:31]
All in favor say aye.
[2:45:33]
Aye.
[2:45:33]
All opposed?
[2:45:34]
Aye.
[2:45:35]
By a like saying.
[2:45:37]
And not hearing any, motion carries unanimously.
[2:45:47]
We are now out of the public hearing portion of our agenda.
[2:45:53]
agenda. And I'm going to ask that any public comments for any item on the agenda, in accordance
[2:46:05]
with the rules governing the meeting, up to ten speakers will be afforded three minutes
[2:46:10]
to speak. And also, please, I'm going to remind you to be courteous and respectful
[2:46:17]
full and holds your comments and so forth.
[2:46:24]
Recommendation from community
[2:46:25]
development and or the Board of Zoning Appeals. Yes we do have two that has
[2:46:31]
signed up to speak. Oh I was going on to and hoping they'd speak one-on-one. Okay
[2:46:38]
go ahead. The first is Vicki Hunter.
[2:46:42]
I'm sorry miss Hunter I like to try to
[2:46:44]
Good
[2:46:48]
evening. Thank you for letting me talk to you about something that's very close to my heart, my neighborhood, Lake Hills subdivision.
[2:46:57]
When my parents moved there in 1964, I thought I had truly moved to Paradise. It's a wonderful place to grow up.
[2:47:06]
I've lived in Lake Hills for 55 years and five generations of my family have lived there.
[2:47:11]
Later, as an adult, I was able to buy an acre and build a cottage and teach school in Coweta
[2:47:17]
County for 35 out of my 40 years.
[2:47:20]
What a wonderful place to raise a child.
[2:47:23]
And the mortgage is almost paid off after 37 years.
[2:47:26]
It's a lovely neighborhood, and I have never wanted to live anywhere else, but in Lake
[2:47:31]
Hills, Coweta County, it's safe and peaceful.
[2:47:35]
A change has been proposed to the houses just down the hill for me.
[2:47:43]
It may not seem like much, but I think it will forever change my world.
[2:47:49]
At least 30 houses may go up behind these seven acres.
[2:47:54]
Multi-density, two terrifying words in modern vernacular.
[2:47:59]
And I don't know what the answer is because these two neighborhoods are so different.
[2:48:05]
Acre lots, multi-density.
[2:48:09]
These two-story houses looming over.
[2:48:13]
I know the new neighborhood will have strong covenants.
[2:48:16]
They'll keep the appearance of their neighborhood pristine, grass shrubs pruned.
[2:48:20]
And the only problem is that most homeowner associations do not patrol the back of a property.
[2:48:29]
So these 30 houses that my neighbors and I will see, I'm just concerned about the grills,
[2:48:36]
the overflow stuff, campers, boats, you know, all just the outdoor paraphernalia people
[2:48:40]
put behind their houses.
[2:48:42]
And of course the trash cans won't be stored in the front or on the sides but probably
[2:48:49]
and back in plain view. Also, dogs outside, fencing issues, the list just goes on and
[2:49:00]
on and hopefully there are none of them are rentals because that's a whole other issue
[2:49:05]
there. But the intensity of this is quite overwhelming to those in Lake Hills who have an acre lot.
[2:49:13]
We're not special, we just live in Coweta County and we have septic tanks because
[2:49:18]
of the codes of our time. I took a lovely walk today and as I topped the hill, I thought wow,
[2:49:25]
I will see roof, roof, roof, more than 30 of them. So please, if you can, vote no to the amendment
[2:49:37]
for Lake Hills and Camelia Circle. I have cherished my neighborhood of 55 years and
[2:49:43]
almost paid for house with an acre lot and a septic tank. Thank you for my
[2:49:48]
wonderful half-century of living in beautiful Calvita County. Thank you.
[2:49:55]
Next Ms. Chairman Ruth Stark.
[2:50:04]
Ruth Stark, 30 Club Court.
[2:50:12]
Before I address the
[2:50:14]
annexation that is currently being proposed I want to go back and revisit
[2:50:18]
the annexation that was previously approved on Green Top Road.
[2:50:27]
The county did a great job going to bat forest with that as best they could
[2:50:34]
because of the laws that are in place City 1 to annex that.
[2:50:41]
The concerns I have is the things that I'm looking at already
[2:50:44]
with this development that is already in place. The annexation, the residents of my neighborhood
[2:50:57]
were concerned that once the city got their foot in the door, they'd fling the door wide
[2:51:01]
open and it has happened. They are asking for more and more and more. They want to
[2:51:07]
variance to go with the 400 unit allowance, which would be about 25% more of an increase.
[2:51:15]
My observation of the current things that are going on green top road are, I thought
[2:51:22]
there was supposed to be a 50 foot planted buffer with a 25 foot planted perimeter buffer
[2:51:30]
is one tree considered 25 feet? Where are they measuring? Are they measuring the
[2:51:38]
trunk or are they measuring the canopy? Because that's all that is on Green Top
[2:51:43]
Road right now is one tree standing along the road. We are concerned about the
[2:51:50]
impacts, traffic, and I know that's not something that we learn that can be
[2:51:57]
really address, but it needs to be. The infrastructure is not there. Northside Elementary
[2:52:03]
School is already at capacity and they haven't even completed this other development.
[2:52:12]
The
[2:52:14]
developer of this proposed annexation has indicated there is an N.A. for an impact
[2:52:23]
study. Why? Why was that impact study not applicable? Apparently the earlier impact study should
[2:52:31]
be obsolete.
[2:52:38]
It's only a quarter of a mile of highway, of road. Due to the realignment
[2:52:46]
of Green Top, my neighborhood is now isolated. I live in Country Club Manor in the backside
[2:52:54]
side of Heritage Hills. And to be able to get out on the traffic has already increased
[2:53:01]
without any of the development, any of those developments already in place. I feel that
[2:53:07]
it's going to be even worse. Is the county going to be?
[2:53:14]
Don't sell our tools.
[2:53:15]
Thank you.
[2:53:21]
We have a few more to sign off the agenda later, Mr. Chairman.
[2:53:25]
Off the agenda?
[2:53:28]
We'll get to those here shortly.
[2:53:33]
Item number eight, recommendation regarding petition number AN02-25 filed by Charles
[2:53:45]
Charles Connolly, representative of NCTILLC, proposing to annex property located off of
[2:53:54]
Green Top Road into the city of Nenon, District 3, and Ms. Blackwell, you have the floor.
[2:54:02]
Thank you.
[2:54:04]
We have applicant Charles S. Connolly, representative of NCTILLC, requesting an annexation under
[2:54:12]
petition 0225. The property in question is located off Green Top Road and is
[2:54:20]
approximately 122.64 acres. The request is for annexation into the City of
[2:54:28]
Noonan. The applicant is proposing Noonan's PDR, Plan Development
[2:54:34]
Residential District Zoning.
[2:54:39]
The property requesting the annexation are
[2:54:42]
these three parcels here, this one, two, three. They are currently zoned RC Rural Conservation,
[2:54:53]
the city of Noonan outlined in blue, is located adjacent to the east and the south.
[2:55:03]
Included
[2:55:04]
in the annexation packet from the city of Noonan was this proposed site plan. The proposed
[2:55:09]
The subdivision consists of three pods totaling 235 homes with an average density of 2.05 units
[2:55:17]
per acre.
[2:55:18]
The ranch pod in yellow has an average home size of 1,800 square feet.
[2:55:26]
The traditional pod in blue has an average home size of 2,500 square feet, while the
[2:55:33]
estate pod in red has an average home size of 3,000 square feet.
[2:55:38]
Next,
[2:55:41]
in accordance with OCGA 3636113 subsection D, a county's objection is only valid if
[2:55:49]
the annexation results in a substantial change in the intensity of the allowable use of the
[2:55:56]
property or a change to a significantly different allowable use or a use which significantly
[2:56:04]
increases the net cost of infrastructure or significantly diminishes the value of
[2:56:10]
useful life of a capital outlay project as such term is defined in code section 48-8-110,
[2:56:18]
which is furnished by the county to the area to be annexed.
[2:56:22]
And authorize or result in a land use that differs substantially from the existing uses
[2:56:28]
suggested for the property by the county's comprehensive land use plan or permitted
[2:56:33]
for the property pursuant to the county's zoning ordinance or its land use ordinances.
[2:56:41]
Based on a review by several staff divisions of the information available at this time
[2:56:46]
and considering limitations provided by state law, this proposal appears to be eligible for
[2:56:52]
consideration of an objection by the board due to a substantial change in intensity
[2:56:59]
and a significant increase in cost and a substantially different land use.
[2:57:08]
Questions for staff?
[2:57:11]
Any questions?
[2:57:12]
No.
[2:57:13]
Okay.
[2:57:18]
That's not public hearing.
[2:57:19]
That's not public hearing.
[2:57:21]
Make a motion.
[2:57:21]
Is there any action?
[2:57:23]
Motion or any discussion?
[2:57:26]
Anybody?
[2:57:27]
Mr. Chairman, I would like to just add the previous annexation that this board's
[2:57:32]
familiar with that the board objected to it went to arbitration it was resolved
[2:57:38]
through arbitration it was below the DRI threshold the original I believe was
[2:57:43]
322 lots it was reduced in the end under arbitration at 300 lots so combined
[2:57:49]
with this application it does exceed the DRI threshold so that DRI was
[2:57:54]
submitted through the city of Noonan I believe that's DRI petition 4427
[2:57:59]
Again, that's 4-4-2-7, and I believe, John, that methodology meeting for the DRI, is that
[2:58:06]
like in May?
[2:58:07]
Yeah.
[2:58:08]
So, again, the DRI has not even been submitted back to this body for review, so it makes
[2:58:13]
it very difficult in addition to staff's review of the transportation impacts to know
[2:58:17]
potentially the impacts to the county.
[2:58:20]
So, it's just in addition to the legal factors, I just add that it puts us in
[2:58:25]
awkward situation but the statute requires that you guys act within 45 days of
[2:58:30]
receiving the application so just wanted to add that in context to the
[2:58:35]
situation. So where are we at in the 45-day threshold? Your next meeting would
[2:58:41]
exceed the 45 days. So I would I would move and suggest that we object to the
[2:58:53]
Is that based upon the information in the staff report, Commissioner?
[2:58:57]
It is based on the metric that Nicole presented and what Michael just illustrated.
[2:59:04]
Okay.
[2:59:05]
I'll second it.
[2:59:06]
I have a motion to second.
[2:59:08]
Any further discussion?
[2:59:11]
I would add, if I could, I'm sorry, Mr. Chairman, would the Board consider, if we do notify DCA, placing a stay in that arbitration process
[2:59:20]
us to try to get a an agreement before this goes to arbitration like we're
[2:59:24]
doing for Sydney Pope is that I mean I'm sorry to add that now no no if you
[2:59:32]
guys would consider making that part of your motion I think that would help to
[2:59:35]
clarify I would make that part of it the original motion all right correct
[2:59:42]
Great.
[2:59:43]
And second, you okay with that?
[2:59:45]
All right.
[2:59:46]
Any further discussion?
[2:59:48]
All in favor say aye.
[2:59:50]
Aye.
[2:59:51]
Aye.
[2:59:52]
And it is opposed.
[2:59:55]
So, carries, but it is.
[3:00:00]
All right, number nine, request approval, execution of an amendment to chapter 14, the building and
[3:00:14]
building regulations associated with permit fees. Director Amason from our community development
[3:00:21]
department. Yes, sir. Chairman and board members, in response to the passage of House Bill 461
[3:00:29]
which pertains to how local governments can charge building permit fees.
[3:00:34]
Staff has drafted an amendment to the fee schedule in Chapter 14,
[3:00:39]
Buildings and Building Regulations of the Calwina County Code of Ordinance
[3:00:42]
that intends to meet the requirements of the recently adopted legislation.
[3:00:48]
That, a copy of those redlined, we took the existing ordinance,
[3:00:56]
existing fee schedule appendix and provided you a red line copy of what
[3:01:02]
those changes were on each one of those items and then also provided some of
[3:01:11]
those items where we didn't have a fee for a service provided we added those
[3:01:18]
new and those are contained in your packet. Staff recommends that the
[3:01:25]
board execute the amendment to chat 14 buildings and building
[3:01:29]
regulations of the cavity County code of ordinance associated
[3:01:32]
with the fees charged for building permits to meet the
[3:01:35]
requirements of this recently adopted House Bill 461.
[3:01:41]
It's fairly, it's fairly lengthy schedule. As we do many
[3:01:46]
different variety of permits. I'm here if you have any
[3:01:51]
questions about this. I think you sent that out to us early on and then in the packet as well, so
[3:01:59]
I'll make a motion to approve. Second. We have a motion and a second. The one question, I apologize,
[3:02:05]
I believe we want to make that effective. Yes, yes, I believe we discussed making it effective
[3:02:11]
May 19th. Okay, that way any existing in the queue, the new fee, the new permit fee schedule,
[3:02:19]
We never have made a 19 May 19. Our staffs working on the
[3:02:24]
software behind the scenes that will incorporate this
[3:02:29]
automatically. Okay. Free. That sounds good. We have a motion
[3:02:32]
and a second. Any further discussion? All in favor say
[3:02:36]
aye. All if I like saying not hearing any motion carries
[3:02:43]
is unanimously.
[3:02:46]
Are there any appointments to various boards or
[3:02:51]
authorities, commissioners, you have any appointments that you
[3:02:54]
wish to bring forth at this time? No.
[3:02:59]
Mr. Smith, nothing.
[3:03:03]
Okay. We have none. So I have been asked. And I think it is
[3:03:11]
appropriate we've been going for about another hour and a half and with us I'm
[3:03:16]
gonna ask for a five minute break and we'll be back in session in just five
[3:03:23]
minutes so if you have to leave we understand but if you can wait five
[3:03:28]
minutes I'm
[3:11:14]
gonna call us back into session under
[3:11:25]
bids and contracts item
[3:11:27]
Number 11. Request approval execution of an agreement with the city of Samoa and freedom
[3:11:34]
land holdings LLC associated with annexation procedures and transportation improvements
[3:11:41]
district one. Mr. Chairman, I'm going to recuse myself at this time per conflict of interest.
[3:11:47]
All right. Thank you. Mr. Chairman, commissioners effective August 11 2023 freedom land holdings
[3:11:54]
LLC is the fee simple owner of real property consistent approximately 100.14 acres on multiple
[3:12:02]
tax parcels in unincorporated Calvita. On August 7, 2023, the city of Sonoya approved an annexation
[3:12:08]
petition in rezoning for residential development now known as Silver Springs for the above
[3:12:13]
reference property without complying with the annexation procedures set forth in state law.
[3:12:18]
Subsequently, the county filed suit against the city seeking relief in the form of
[3:12:22]
compliance with the annexation procedures to resolve the dispute between the
[3:12:27]
county and the city, county attorney and county staff work with representatives
[3:12:32]
from freedom land holdings including their attorney regarding an agreement or
[3:12:36]
an IGA regarding the annexation procedures and certain transportation
[3:12:41]
improvements. In addition they also provided a traffic study which has
[3:12:45]
been reviewed by our Public Works Administrator. The draft agreement
[3:12:49]
before you night basically has a couple things. One is as proposed within 30
[3:12:55]
days of the effective date the city of Senoa will submit a notice of
[3:12:59]
annexation in accordance with state law and then the county will place that
[3:13:03]
annexation petition on the next appropriate Board of Commissioners
[3:13:06]
meeting. In consideration of the conditions of the agreement the county
[3:13:10]
shall not vote to object to the annexation. Freedom, land holdings,
[3:13:15]
L.O.C., where its successors are assigned and interest shall be
[3:13:18]
responsible for the cost of designing, permitting, constructing, and all other
[3:13:21]
costs related to the construction of a left turn lane on old 85, old highway 85,
[3:13:26]
excuse me, at the proposed subdivision entrance. Also, within 30 days after the
[3:13:32]
issuance of the 100th certificate of occupancy, the developer shall
[3:13:36]
contribute $250,000 to mitigate the impacts of the development
[3:13:41]
traffic on the county's existing road system. Once the annexation petition has been filed with
[3:13:46]
the Department of Community Affairs, the county shall dismiss the lawsuit against the city of Sonoa.
[3:13:52]
At their meeting on April 7th, just recently, the city council did vote unanimously to approve
[3:13:58]
the agreement, so it is ready for the board's consideration. All right. Is there any
[3:14:04]
any questions? I heard that we are not going to object to the annexation based on
[3:14:10]
The string of concessions that were made in the end, is that?
[3:14:17]
Yes, sir, as proposed in the agreement by agreeing to the conditions in the agreement, the board also agrees not to object to the annexation once that's submitted.
[3:14:27]
All right, so did Nathan sign off on this?
[3:14:32]
Yes, sir.
[3:14:34]
Okay.
[3:14:36]
This was the intent from the very beginning, if I recall, so I would make a motion to approve it.
[3:14:41]
All right.
[3:14:41]
There's a motion in a second.
[3:14:44]
Any further discussion?
[3:14:47]
All in favor say aye.
[3:14:49]
Aye.
[3:14:49]
Aye.
[3:14:50]
Aye.
[3:14:51]
Aye.
[3:15:00]
You know what I meant. All
[3:15:05]
right. Mr. Fisher's back. Item number 12, bid award associated with the 2025 resurfacing of various county roads, all districts.
[3:15:21]
Motion to approve. Second to motion.
[3:15:24]
All right. There's a motion to approve and a second. Any discussion?
[3:15:27]
There's an attached list of all of the servicing projects, so I'm good with the Chairman.
[3:15:36]
All right. All in favor say aye.
[3:15:38]
Aye.
[3:15:39]
Aye.
[3:15:39]
All opposed by the same? It carries unanimous.
[3:15:45]
Number 13, request approval execution of fiscal year 2025, Georgia Department of Human
[3:15:51]
Human Services Subrecipient Agreement with Three Rivers Regional Commission associated
[3:15:58]
with CalEDA Transit.
[3:16:00]
And I think, Ms. Kelly, are you?
[3:16:02]
Mr. Chairman, Commissioners, staff is in receipt of the 2025 Agreement with Three Rivers Regional
[3:16:08]
Commission, which outlines the Department of Human Services funding process and
[3:16:13]
requirements for the County's 5311 Transit Program.
[3:16:17]
This is essentially funding that we receive through the Department of Human Services,
[3:16:23]
and we're a sub-recipient of the Three Rivers Regional Commission, so the money funnels through
[3:16:27]
them.
[3:16:28]
And it's for eligible individuals, and instead of them paying the $3 per one-way trip, like
[3:16:36]
a public trip, these trips are booked ahead of time through the DHS database, and we
[3:16:42]
are reimbursed.
[3:16:43]
I believe it's around $19 per trip so this is again it's a significant percentage of
[3:16:52]
the trips provided by our transit service are these DHS trips and again it's for
[3:16:58]
eligible individuals now going to eligible centers such as the Relidge Center
[3:17:02]
and the Coway to Senior Center. Will we ever have a direct with them and sit
[3:17:05]
out here with the three river sensor do our own transportation? That's a great
[3:17:10]
question we have been discussing trying to become a direct recipient for some
[3:17:17]
other FTA funding I'm sorry though I'm not sure this is not FTA I'm sorry we
[3:17:23]
could look into that it's just curious it's always worked this way when we've
[3:17:30]
asked questions I'm not sure we've gotten great answers but it I we can
[3:17:36]
certainly continue to know it's a great question. I have a motion. Second. All
[3:17:44]
right. Any further discussion? All in favor say aye. Aye. Aye. And it carries
[3:17:53]
unanimously.
[3:17:57]
Number 14, a request approval of courtroom audio video
[3:18:03]
technology upgrades and we do approve thank you there's a motion is there a
[3:18:09]
second second motion in a second any further discussion not hearing any all
[3:18:16]
in favor say aye all opposed by the same it carries unanimously number 15 bid
[3:18:24]
award associated with enforcement of ordinance regulating rank plant growth
[3:18:29]
and trash accumulation for property located at 25 Ridgedale court noon and
[3:18:36]
district 4 make a motion to approve all right there's a motion and we have a
[3:18:42]
second any discussion all in favor say aye and it carries unanimously our
[3:18:51]
additional action items number 16 request approval to submit a juvenile
[3:18:57]
justice incentive grant application. I'll make that motion. I'm sorry. I'll make that motion. Okay,
[3:19:06]
he was motion. Motion second. Any discussion? All in favor say aye. Aye. Aye. And it carries
[3:19:14]
unanimously. Number 17 request approval execution of a local maintenance improvement grant
[3:19:19]
supplemental application for 2025. It says district 2 but I think it's everybody.
[3:19:28]
Motion to approve. You got a motion to approve? Can I just kind of give us a
[3:19:32]
quick summary on the Elmizer? So I guess the amended budget from the
[3:19:38]
state, they allowed for some additional funding to go out to local
[3:19:43]
governments for local road projects. In this particular case, the county's
[3:19:48]
eligible for 2.2 million dollars in additional funding used towards road
[3:19:53]
transportation projects so the reason it says district 2 is what we're
[3:19:56]
proposing to do is use this to fund a portion of the Southwest Connector
[3:20:01]
Project so the SPOS fund and then we had budgeted for that. The Southwest
[3:20:06]
Connector Project is basically building the new road into the fair. That's
[3:20:10]
correct. So that's why it says district 2. Thank you. Motion. I have a motion.
[3:20:16]
Second. I'll second it. All right. Any further? All in favor say aye. All opposed. And not
[3:20:29]
hearing any. Passes unanimous. Number 18. Request approval execution of a revised
[3:20:36]
acknowledgement letter associated with adoption of the Georgia Department of
[3:20:42]
transportation's procurement policy for engineering and design services.
[3:20:48]
That's a mouthful, Mr. Hanley?
[3:20:52]
Yes sir, if you remember a couple of meetings ago, I don't remember what meeting it was.
[3:20:56]
You all approved a reapplication or an application for recertification of the county
[3:21:03]
to administer local projects that our federal really funded.
[3:21:07]
We submitted that application to GDOT, they reviewed it and one of the things
[3:21:11]
they came back with, they said, well, we'd like for you to revise this item number six
[3:21:15]
from the letter that we issued to them in 2021.
[3:21:19]
So the basic, I guess, the synopsis of that comment that they wanted changed was it says
[3:21:26]
that that comment said we've submitted any alterations to the procurement policy in
[3:21:32]
writing to GDOT for review.
[3:21:34]
And we didn't submit any proposed alterations, so they wanted us to take that number six
[3:21:39]
out and replace it with appropriate for every word out so that's what we've done
[3:21:43]
motion to approve second motion prove seconded any further all in favor say
[3:21:50]
aye and
[3:21:54]
I cares unanimously number 19 request approval education of a
[3:22:07]
certification of compliance associated with annual immigration reporting
[3:22:12]
requirements for submission to the Georgia Department of Transportation.
[3:22:17]
Motion to approve. Second. I have a motion to approve. Second. Any further
[3:22:22]
discussion? All in favor say aye. All opposed. Carries unanimously. Number
[3:22:30]
twenty. Request approval execution of a rights of entry associated with
[3:22:36]
storm drain maintenance at paces landing trace noon and district three motion
[3:22:42]
to approve you have a motion to have a second any any questions any all in
[3:22:50]
favor say I carry unanimously number 21 request approval to temporarily close a
[3:22:59]
portion of happy valley circle for the purpose of replacing a pipe motion
[3:23:04]
to approve. There's a motion to approve. Is there a second? Second. I have a second.
[3:23:09]
Any discussion? Todd, where is that on Happy Valley? It's up on the north end, uh, Commissioner
[3:23:15]
Byron. Okay, thank you, sir. Yes, sir. Did we know how long it's going to be? Two days.
[3:23:21]
Just two days? Yeah. Okay. It was a motion second. All in favor? Aye. Aye.
[3:23:31]
And it
[3:23:32]
carries unanimously. All right, we're now to our supplemental and non-agenda items. We
[3:23:38]
had one added. Number 22 is requests to cancel and reschedule to April 22, 2025 work session.
[3:23:49]
Michael?
[3:23:50]
Yes, sir. Mr. Chairman, due to a conflict, staff is just asking that the board cancel
[3:23:54]
the proposed work session on April 22 and reschedule it for May 6 at 3 p.m. and just
[3:24:00]
so there's no confusing confusion. We also have a Board of Commissioners meeting on May 6th at 6 p.m.
[3:24:05]
So we'll just have the work session just prior to that both here in the chambers.
[3:24:09]
Okay, next. I have a motion to approve. Is there a second? Second for motion. I have a second.
[3:24:18]
Any further discussion? All in favor say aye. Aye. All opposed. It carries unanimously.
[3:24:25]
Now, we are to our public comment, ask for public comments on any item not on the agenda and
[3:24:36]
according to the rules governing the meeting, up to 10 speakers will be afforded three minutes
[3:24:41]
to speak and will be respectfully heard by the board without public display or approval
[3:24:47]
or disapproval from the audience.
[3:24:49]
The board does not engage with the speaker during his or her comments.
[3:24:54]
The board will listen to any questions or comments and take them into consideration, but we'll
[3:25:00]
ask the county attorney or staff to correct any inconsistencies or false statements after
[3:25:06]
the speaker has been heard.
[3:25:09]
Mr. Vice, do we have any signed up?
[3:25:12]
We do, Mr. Chairman.
[3:25:13]
Okay.
[3:25:13]
We have a couple.
[3:25:14]
First is Nick Sabadosh.
[3:25:21]
Give us your name and address, please.
[3:25:25]
Good evening, commissioners.
[3:25:26]
There's Nick Sabotage, District 2.
[3:25:29]
I represent Citizens for Rural, Covita.
[3:25:32]
I want to address a concerning inconsistency
[3:25:34]
in our county's approach to land use planning.
[3:25:38]
We've received mixed messages and I urge you
[3:25:44]
to clarify your commitment to our community's voice.
[3:25:48]
On one hand, the county planning website
[3:25:49]
emphasizes the importance of the 2026
[3:25:52]
comprehensive plan stating strategic vision
[3:25:55]
that guides rezoning and infrastructure decisions, you've called for public input, promising
[3:26:00]
that our voices will shape Kuwaita's future.
[3:26:03]
This suggests a transparent community different process, and I applaud that intention.
[3:26:09]
Yet, on the other hand, Project SAIL, a project that would require converting our
[3:26:13]
most rural land designation into heavy industrial use, which is a clear violation
[3:26:18]
of the current COMP plan, an example of spot zoning.
[3:26:23]
That project would forever damage the rural communities in the area, yet there has been
[3:26:27]
no opportunity for meaningful public input and no clear ways for residents to engage.
[3:26:33]
How can we trust that our voices matter when such a significant deviation from the plan
[3:26:38]
seems to bypass community input?
[3:26:40]
The COMP plan reflects years of community input to preserve Covita's balance of growth
[3:26:45]
and rural heritage, allowing a heavy industrial project in a rural zone undermines that
[3:26:50]
vision before the new plan is even drafted.
[3:26:53]
If you truly value our input, we need accessible, transparent opportunities to weigh in on projects
[3:26:59]
like this.
[3:27:00]
I ask you to reconcile these mixed messages.
[3:27:04]
If the comprehensive plan is our guide, honor it by ensuring any rezoning aligns with
[3:27:09]
its principles.
[3:27:10]
If our voices are vital, create clear, inclusive ways for us to engage on proposals
[3:27:15]
like the data center.
[3:27:16]
Let's build our future for COEDA that reflects our shared values, including the value of our rural lands and communities, not one driven by exceptions that undermine the voice of your constituents.
[3:27:29]
I appreciate your time. Thank you.
[3:27:30]
Thank you, sir.
[3:27:33]
Next, Mr. Chairman, Ron Bachrath.
[3:27:45]
Ron Bachrath, District 2, actually 335 Boone Road.
[3:27:49]
The proposed project sale borders my back property.
[3:27:55]
I've been sort of following on the internet what has happened in the last, since January
[3:28:01]
when this first came out.
[3:28:04]
And if you read things and listen to look at things on the internet, there are a lot
[3:28:07]
a lot of negatives.
[3:28:10]
Places people, municipalities that had approved data centers in the past are having second
[3:28:17]
thoughts.
[3:28:18]
I hope we are smart enough maybe to avoid those second thoughts and think of them
[3:28:22]
in the first place,
[3:28:25]
a study has been posted on a YouTube about the effect of data centers
[3:28:29]
in Georgia. They say as you have your loss of productive homeowners, like wells have
[3:28:37]
been destroyed, excessive dust during construction and noise, and this isn't just for a year
[3:28:46]
or two years, this is going on for like ten years. That's a long time to put up
[3:28:51]
with a bunch of nonsense.
[3:28:54]
Excessive bright lights.
[3:28:56]
If you look at some of the videos,
[3:28:59]
it's really discouraging to see that kind of bright light
[3:29:02]
out in a rural area.
[3:29:06]
Wildlife habitats destroyed, the lifestyle
[3:29:11]
that we've kind of grown accustomed to and we kind of like.
[3:29:15]
I've been out there for like 25 years roughly now.
[3:29:18]
Physically built the house we're in.
[3:29:23]
Also, it cites the recent veto by Governor Kemp of the suspension of the sales tax that
[3:29:31]
these places would have to pay if they had to pay taxes like we had to pay on our property
[3:29:36]
and our improvements.
[3:29:38]
That doesn't seem really very nice, especially when the legislators approve it and he vetoes
[3:29:44]
it.
[3:29:44]
It doesn't seem like he has the best interest of what the citizens of Georgia want through
[3:29:49]
the newly elected representatives.
[3:29:54]
Also, Georgia power has not charged
[3:30:00]
Charged industrial companies, the same rates as residential. Residential rates in Georgia
[3:30:07]
are slightly above the national average, while industrial rates are significantly below the
[3:30:12]
national average.
[3:30:15]
A proposal was made that maybe they should make data centers pay for
[3:30:21]
the added infrastructure that's needed to build these things. That was left to die on
[3:30:28]
committee. That's again another example where I think the duly elected officials were thinking
[3:30:37]
one thing, and somebody else would know, I won't just shove that aside in favor industry.
[3:30:42]
Industry is being emphasized over individuals. I think Georgia should do a little better
[3:30:49]
than that.
[3:30:52]
During two weeks, Commissioner Smith is a couple of weeks back, you, I'm sorry,
[3:30:57]
Are we out of time?
[3:30:58]
You're out of time.
[3:30:59]
I didn't mean to do that to you.
[3:31:00]
No, you're fine.
[3:31:00]
Thank you very much.
[3:31:01]
Thank you very much for coming.
[3:31:02]
Well, I didn't realize it.
[3:31:04]
Thank you.
[3:31:05]
Thank you.
[3:31:06]
Next, Mr. Chairman, Jill Daniel.
[3:31:10]
Daniel.
[3:31:16]
That's the left.
[3:31:17]
Okay.
[3:31:17]
Next, Connie Lytton.
[3:31:20]
Connie.
[3:31:26]
Good evening, commissioners.
[3:31:28]
I am speaking on behalf of Citizens for Rural Cowheed.
[3:31:31]
My name is Connie Lytton.
[3:31:33]
I might live on District 2.
[3:31:34]
Thank you.
[3:31:35]
I want to thank all of you all for your time tonight. I know it's a very late night. We're all ready to get to bed
[3:31:40]
I want to talk about some of the concerns that I have heard while having conversations with a few of you
[3:31:45]
Mr. Rettelbach has
[3:31:48]
Has shared with me that he is very concerned about imminent domain and how Kawida County citizens were affected
[3:31:55]
I agree imminent domain should be avoided
[3:31:57]
However, I also believe that people's homes and lives should not be negatively impacted by any data center being built in
[3:32:04]
in Cavite County. Homes in industrial zones are not a good fit for each other. I've heard
[3:32:10]
from more than one commissioner that Project Peach is an appropriate location due to the
[3:32:14]
industrial area that already flanked the property. I was also told that the location of Project
[3:32:20]
Cell is very different than Project Peach. I agree that Project Cell is very different.
[3:32:26]
It's definitely a very rural area with no industrial businesses already built there.
[3:32:30]
If you vote yes to Project Cell, then not only will the residents be greatly impacted during the building phase,
[3:32:37]
that will last many years according to Atlas, but forever after the build.
[3:32:41]
During the building phase there will be constant construction, noise dust, dirt, traffic,
[3:32:45]
and other negative impacts to the residents in the area.
[3:32:48]
A video shared by a resident that lives near QTS but not right next door to it
[3:32:54]
showed the intensity of the blast which causes her entire home to rattle
[3:32:59]
and now they're concerned about their foundations.
[3:33:02]
Wager's Mill is an area with a great deal of rock.
[3:33:05]
Have you all considered this?
[3:33:07]
And have you asked ATLAS for information
[3:33:09]
about the land makeup in the proposed data center?
[3:33:13]
Land surveys need to be required to show the amount of rock
[3:33:16]
that needs to be blasted and how that would be handled
[3:33:18]
if the project is allowed.
[3:33:19]
What about possible damages to nearby homes,
[3:33:22]
our foundation sheet, rock, windows, seals, et cetera?
[3:33:24]
Who pays for this?
[3:33:25]
So the citizens have to get a lawyer and sue if this happens to their homes.
[3:33:31]
Now for the permanent impact of our lives, the landscape of our area will forever be
[3:33:35]
changed for the worse and we will have an 836 acre industrial space sitting in the center
[3:33:40]
of our community.
[3:33:41]
If the same logic is used for determining the decision about Project Peach that is
[3:33:45]
already in a place that's industrial, then as people start to sell their homes
[3:33:50]
to escape the negative impacts of the data center, land will be getting rezoned
[3:33:54]
as industrial and gradually the entire area would change from the beautiful rural area
[3:33:59]
of Calwita to the next industrial park.
[3:34:01]
Mr. Rettelbach shared that he would not buy a home in the Project Peach area because of
[3:34:06]
the industrial zone and I agree I would not buy in any of those areas either.
[3:34:10]
But why will anyone else want to come to our area and buy our homes if the industrial
[3:34:14]
is allowed?
[3:34:17]
When there are other places that do not have a data center and whatever other
[3:34:21]
businesses decide to come to our place as people start to leave. Nobody wants to
[3:34:27]
live around these eyesores negative noise and light impacts and all the other
[3:34:30]
things that an industrial area has. So as you contemplate your decision for the
[3:34:34]
future vote of project sale, please consider that although we will not have
[3:34:40]
intimate domain, we will have imminent deal. Thank you.
[3:34:44]
Thank you. Next, Mr. Chairman, Robert Lytton.
[3:35:00]
Good evening, Robert Lytton. I'm a member
[3:35:03]
of Citizens for Rural Caueta and I'm just gonna piggyback and finish the
[3:35:09]
comments my wife had earlier.
[3:35:14]
Eminent domain will have eminent doom. I think
[3:35:17]
that's where she left off and we will be forced to move if we want to
[3:35:20]
remain living in a rural area homes rather than data centers and
[3:35:25]
businesses as our neighbors with the high likelihood that we will not get what our places would be
[3:35:30]
worth the day before the news broke out this data center and the rest of us will be forced to live
[3:35:36]
in an area that we no longer love because either no one will buy our homes or we cannot afford the
[3:35:45]
financial hit it will take to sell our homes so again we will not be facing eminent domain
[3:35:51]
like the citizens near QTS but will be facing imminent doom. I'd also like to
[3:35:58]
take this opportunity to thank you all for listening to us throughout this
[3:36:01]
process. Thank you. That's all Mr. Chairman. All right.
[3:36:12]
Is there any reason for
[3:36:14]
executive session? There's not Mr. Chairman.
[3:36:21]
We have a motion to adjourn and a
[3:36:24]
second. All in favor say aye. Aye. Aye. And it is unanimous. Thank you, folks, for coming
[3:36:31]
and staying.