[0:12] Good evening. Today is April the 18th, 2020. I'm sorry, August. Yeah, August

[0:19] the 18th, 2026. Um, it is 7 o'clock. We're going to go

[0:24] ahead and call this meeting to order tonight.

[0:32] I'm going to ask um if Commissioner uh Cooper would lead us in our prayer and

[0:39] Commissioner Long would lead us in our pledge of allegiance to the flag.

[0:53] Let's bow head. Heavenly Father, we thank you for the opportunity to gather

[0:57] here today in service to our community. Grant us wisdom in our in our

[1:02] discussion, clarity in our decision, and compassion in our heart. May we lead

[1:08] with integrity, work with unity, and always seek the greater good for those

[1:13] we represent. Bless each and everyone present, and may our effort today

[1:17] reflect the fairness, justice, and respect of all.

[1:22] » Amen. >> Amen.

[1:32] To the flag of the United States of America and to the republic for it

[1:38] stands one nation under God indivisible with liberty and justice for all.

[1:48] » Thank you guys for that. Guys, I seek a motion that we adopt

[1:53] agenda. Please move. >> There's been motion by Commissioner

[1:57] Mason and second by Commissioner Edwards. Any discussion?

[2:02] Um, Commissioner Henderson.

[2:07] Thank you, Mr. Chair. Uh what what I would like to ask the um county attorney

[2:14] in lie of of you know and I'm I'm not a person like keep up stuff but in lie of

[2:20] what we have read in the papers should our chairman chairman Bane chair

[2:27] this meeting

[2:32] » um my understanding is that the county is proceeding

[2:36] um with the understanding that chairman

[2:40] Baines has been re reinstated and so um I'm not going to give a public legal

[2:47] opinion on that but I that's my understanding of how the county has been

[2:52] choosing to proceed. >> Yes. And I just want to be sure that uh

[2:55] for uh the uh citizen of New County that uh we are following legal advice

[3:04] of uh I guess J Roy and Davis. Thank you. Any more discussion? All in

[3:10] favor? It passes 5.

[3:15] Next is public comments. We allow our citizens to make comments about agenda

[3:20] topics. Agenda agenda topics only. You have three minutes to do so. You may

[3:24] come at this time. Please state your name, your address for the record,

[3:27] please. Agenda topics only. Agenda topics only.

[3:35] » Thank you. Um, there's nothing to report today in the chairman's report. Um, Mr.

[3:41] Brown, there's nothing in your report. Do you?

[3:44] » Good evening, Mr. Chair, board of commissioners. I do not have anything to

[3:47] report. >> Thank you, sir. Next is um the consent

[3:51] agenda. I seek a motion that we approve the consent agenda, please.

[3:56] » It's been motioned by Commissioner um Edwards and second by Commissioner

[4:01] Cooper. Any discussion? All in favor?

[4:08] It passes. 5.

[4:12] Next is um new business consideration of Cornish Creek Water Treatment Plant

[4:18] Upgrade. Mr. Brown. >> Good evening again. This is the uh third

[4:25] agreement for the com upgrade to the Cornish Creek Water Treatment Facility

[4:30] of 159,31,45.20.

[4:38] As you may remember, the board already approved package number one, package

[4:41] number two. Package number three is a combination of package one, two, and

[4:46] three for the total of the amount I just read. um uh to seeking for approval from

[4:51] the board. >> I seek a motion, please.

[4:58] » Is there a second? >> It's been motioned by um Commissioner

[5:03] Edwards and second by Commissioner Cooper. Um any discussion?

[5:08] All in favor? It passes. 50.

[5:14] Next is item number nine, consideration of environmental resource u analysis.

[5:22] Mr. Cooper,

[5:25] » I mean Mr. Mr. Brown. >> Yeah, sorry. So, this is an annual

[5:30] contract uh for testing that the um the Cornish Creek treatment plant does do

[5:36] from outside third party testing to make sure that all of the contaminants are

[5:40] appropriately tested for and pass all uh all EPD and EPA regulations.

[5:46] » Thank you, sir. I seek a motion, please. >> Is there a second?

[5:52] » It's been motioned by Commissioner Edwards and second by Commissioner Long.

[5:57] Any discussion? All in favor?

[6:02] It passes. 5.

[6:06] Um, want to go down? Go down.

[6:11] I'm going to ask that we go into a brief recess for a few moments and um and

[6:17] we'll come back. Can I get a motion, please?

[6:19] » So move. >> Is there a second? It's been motioned by

[6:23] Commissioner uh Mason and second by Commissioner uh Cooper that we go into a

[6:27] brief recess. Any discussion?

[6:32] » I'm sorry. >> The purpose is we can't start zoning

[6:37] till 7:30. Uh good. Okay. Any more discussion? All in favor? We standing in

[6:46] re

[30:37] Guys, I seek a motion that we move back into our regular meeting. Please,

[30:42] is there a second? >> It's been a motion by Commissioner

[30:46] Edwards and second by Commissioner Long that we move back into our regular

[30:49] scheduled meeting. Uh, any discussion? All in favor?

[30:54] Thank you. Passes 5. Going to ask Mr. Apple White, if you would please come on

[30:59] up. It's actually 7:30 now. We're going to move directly into our zoning.

[31:05] Miss Apple White. Thank you, chairman. Good evening, chairman, members of the

[31:09] board of commissioners.

[31:12] Our first petitions is actually old business.

[31:19] It is our EZ26-0000004.

[31:23] It is for a retail space located at highway 81. Tax ID 0016030.

[31:30] And I should mention that this was tabled um back in June for 60 days to be

[31:34] heard again tonight. Parcel site is 3.63 acres. Flume is commercial. The existing

[31:41] zoning is R2 single family residential. The proposed zoning is general

[31:45] commercial. It is in the emerging suburban character area which the flume

[31:50] would support. Watershed is South River. This is district two, commissioner

[31:54] district two. The owner is Steve Astrin and our petitioner is Haley Todd from

[32:00] PC. And applicants intent is to reszone to general commercial in order to

[32:04] develop a multi-tenant retail building. And just briefly go over the history

[32:10] because we just uh we presented this at the last meeting, but on May 8th, there

[32:15] was a community meeting that uh was actually rescheduled to 5:29.

[32:24] The planning commission held the meeting on 5:26 and they tabled

[32:29] the petition and it was then held again at a special called meeting on 6:15.

[32:35] On 529 2026 the community meeting was held for this proposal and the applicant

[32:40] proposed the following. The proposal they they gave the or they showed the

[32:45] proposal or the site plan. Um they spoke about how long the project will bring

[32:48] local community how it would bring local community uses. There was a possibility

[32:53] of a single tenant. Um the county regulations required 72 parking spaces

[32:57] which they've met. There's ADA screening and sidewalk requirements which will be

[33:01] met. Storm water pond will mitigate flooding in the adjacent neighborhood.

[33:05] Storm water regulations have improved over the years. G dot advised that an

[33:09] entrance or an exit wouldn't be located on Highway 81. will be on Cowan Road

[33:14] instead which will also have a deceleration lane and the distance in

[33:18] the building and the impervious surface to nearby property length. They

[33:22] also addressed that to make sure it was appropriate.

[33:25] Transitional buffer will only encroach on the driveway but it would be

[33:29] appropriate for separation from the residents next to it. The trip report

[33:33] concluded that the proposed development will bring less than 100 vehicles onto

[33:37] Cowan Road daily and proposal this this particular proposal doesn't

[33:42] meet the threshold criteria for us to for staff to require a traffic study but

[33:48] the board does have that discretion. No proposed end use for the building at

[33:52] this time. So at the same community meeting the

[33:55] citizens also expressed their concerns. So there were concerns about the types

[34:00] of uses, example, gas station or restaurant that could potentially be

[34:03] developed at a later time. There was a possibility of putting conditions in

[34:07] place to prevent certain uses. If any of the land is left vacant, there was

[34:11] concern that that could also be developed at a later time. The potential

[34:15] relation to the previous cell tower project that was also proposed on that

[34:19] parcel. There are also concerns of traffic and congestion that the cow road

[34:23] currently experiences and the dangerous curve it has. There's a small distance

[34:27] from the entrance on Cowan Ridge Road or the Cow Ridge subdivision to the

[34:31] developer proposed entrance on Cowan Road. There are also concerns of

[34:35] drainage flooding issues that currently affect the adjacent residential

[34:38] properties such as the Livingston Elementary School underground pipe for

[34:42] their retention pond. There's potential drainage issues that the proposal could

[34:46] cause um as well. Uh and these are again some of the concerns that nearby

[34:50] residents expressed. Uh they also expressed a possible need for a

[34:54] hydraology test and traffic study and they needed to know that um who the

[34:58] potential developer would be. On 6:15 the planning commission recommended

[35:02] denial of the petition by a vote of 50. Citizens also spoke in opposition at the

[35:07] planning commission meeting and they reiterated some of the same concerns

[35:10] above. Additional concerns also included safety

[35:15] and the facade of the building that faces Highway 81. On 616, the board of

[35:19] commissioners tabled this petition for 60 days and this is where we are today.

[35:24] So these are just pictures from the community meeting. [clears throat]

[35:30] Just a brief site plan analysis. So it's 3.36 acres um surrounding there includes

[35:36] a single family subdivisions, the Linton Elementary School, Linton Academy,

[35:41] childc care learning center. The side plan shows a 10,800 foot commercial

[35:46] building. Along the southeastern portion of the property, there are 72 proposed

[35:50] parking spaces. The septic area is to the west of the parking lot and the

[35:54] storm water facility will be to the west of the building. The septic area, we do

[35:58] have concerns of its location and proximity to the pvious um the

[36:02] impervious surfaces such as the parking lot and any impact that it could have on

[36:07] the septic drain field. one existing [clears throat] curb cut on

[36:11] Highway 81, but um that's not going to be used. G do DOT has already decided

[36:15] that they'll have to use a Cowin road as their ingress and egress.

[36:21] So the preliminary approval per the county's transportation department was

[36:24] there as long as it lines up with the adjacent street entrance at Cowen Ridge

[36:28] Road and incorporates a deceleration lanes. Those were the conditions that

[36:32] transportation had. There's a 75 foot transitional buffer

[36:37] along the back side of the property. The only thing in the within the buffer

[36:42] is the entrance um into Cowan Road, but there is going to be an opaque fence

[36:48] which will also be part of the buffer to shield the residences in the adjacent

[36:53] subdivision. The front of the building is proposed to

[36:57] face inward. However, we have communicated with this developer that

[37:00] the building actually needs to be oriented towards the road which would be

[37:04] consistent with all the other commercial developments that are within proximity

[37:09] of this proposed development. The side pan me exceeds um the minimum

[37:14] building setbacks as per development regulations in the UDO and any signage

[37:20] must also meet the requirements of division 525.

[37:24] And um of course this is the parcel we're looking at here and this is the

[37:28] proposed layout which would probably need to be revised at some point. So

[37:33] storm water facility, the septic area is on this side here. We've got the parking

[37:36] and then the building over here, the transitional buffer and of course the

[37:41] fence and we have our subdivisions on this side here and across the road.

[37:48] So they have uh submitted proposed elevations.

[37:53] It would be primarily of brick and these are some of the uses that they're

[37:56] proposing that will go there and I do have these uses included in your packet

[38:02] for review.

[38:07] So in conclusion, the applicant is proposing to reszone to general

[38:11] commercial for a neighborhood retail store with multiple tenants. The

[38:15] proposed use is along a state highway which will serve travelers and residents

[38:19] surrounding in the surrounding area. The resort will also be consistent with

[38:23] policies of the comp plan since the flume is already commercial and supports

[38:27] the general commercial district. However, there are some challenges that

[38:31] still need to be worked out on the lot such as the septic location, building

[38:35] orientation and improvements to cow road such as a del lane as well as improved

[38:40] traffic flow. It is also important to note that many citizens expressed

[38:44] concerns about the project during a community meeting on 529 2026, mainly in

[38:49] relation to the potential uses that could go on the property. They also had

[38:53] concerns about the drainage or flooding issues and traffic congestion that Cowan

[38:58] Road currently experiences. Staff also received several opposition

[39:03] letters and one petition from the adjacent Cowan Road subdivision, Coen

[39:06] Ridge. Um, and the concerns stated included potential crime. There also

[39:12] concerns about finding another property that is already zoned commercial for the

[39:15] proposed use. The concerns about the traffic, noise, trash, litter, lighting,

[39:19] loitering, and extended hours of operation. There were concerns about

[39:24] keeping the character of the residential areas. There were school safety concerns

[39:28] and adverse neighborhood impacts. Um, the so the applicant is seeking this

[39:35] reszoning. This is not a byite use which is why they're seeking to reszone it to

[39:39] the appropriate zoning category. So should the petition be approved by the

[39:43] board of commissioners, it should be approved general commercial conditional

[39:47] and subject to the owner's agreement to the following enumerated conditions.

[39:52] Where these conditions conflict with the stipulations and offerings contained in

[39:56] the letter of intent, these conditions shall supersede unless specifically

[40:02] stipulated by the board of commissioners. So one to the owners

[40:05] agreement is the following. A all plans and plat submitted must meet the

[40:09] requirements of the ordinance or regulations and be approved by the

[40:13] department of development services, public works, Newton County Fire

[40:16] Services, Environmental Health, the water authority, Georgia soil and water

[40:21] conservation and the G dot as applicable. B. Prior to any new uses,

[40:26] all permits shall be obtained as applicable.

[40:29] C. You must obtain and maintain a business license as needed. D. No

[40:33] outside storage allowed on the property. No merchandise allowed to be displayed

[40:36] outside of the building. E. The entrance and exit on Cowan Road is allowed to be

[40:40] within the transitional buffer as long as an 8-ft opaque fence is installed

[40:45] along the west property boundary line. F. The building shall be oriented to

[40:49] face highway 81 and have appropriate fenistration.

[40:53] G. There shall be landscaping strips along Highway 81 and Cowan Road. And H.

[40:57] The following uses shall not be allowed. tattoo parlor, vape shop, pawn shop, gas

[41:02] station or convenience store with pumps. This is a survey that was submitted

[41:09] by the applicant. Uh we have these are street view

[41:14] pictures from Highway 81 and Cowan Road. Our zoning is R2.

[41:22] The flume is commercial. There's a future land use map.

[41:27] Watershed is South River. This is in commissioner district 2

[41:34] cart areas as we said emerging suburban and that is the end of staff's

[41:39] presentation and chairman applicant does have a presentation of his own

[41:44] there any questions for staff at this moment

[41:48] » thank you uh um missawite so I'm told there's already been a public hearing on

[41:54] this is that correct >> yes it would have been held on back in

[41:57] June >> okay so I'm going to turn it over to um

[42:00] Commissioner Mason. What shall we hear?

[42:09] » Well, if y'all said they already did. Yeah. So,

[42:15] » well, thank you, Mr. Chair. Um, from my understanding, this particular

[42:20] site is still uh in litigation. So, really, I cannot make a decision at

[42:26] this particular time. So, I'm going to move that we table uh rec26-0000004

[42:36] uh for 30 days. >> Could we do 60 to allow for to

[42:40] readvertise? >> Yes, we can.

[42:43] » Thank you. >> Is there a second?

[42:48] » It's been it's been motioned by Commissioner Mason that we table this

[42:51] for 60 days and second by Commissioner Edwards. Any discussion?

[42:55] All in favor? Thank you. Stand table for 60 days. 50.

[43:01] Mr. Apple White. >> Thank you, chairman.

[43:05] [clears throat] >> Our next item under old business. It's

[43:08] resolution R061626D for um consideration. It was tabled on

[43:14] June 16th and then tabled on July 21st. It is a resolution of the Newton County

[43:18] Board of Commissioners terminating an existing moratorum on the acceptance of

[43:23] applications, requests or submissions that propose the development of

[43:27] convenience stores. Um we are still working on this and as well as the UDO

[43:33] staff would propose to actually go ahead and extend this to um term to the same

[43:40] time as the UDO will which would be like November 4th.

[43:48] Thank you. Um, and so it's my understanding again, we already had a

[43:52] public hearing. So, commissioners, I seek a motion, please.

[43:56] » Is there a second? >> Is there a second?

[43:59] » It's been motioned by Commissioner Long and second by Commissioner um Cooper. Is

[44:04] there any discussion? All in favor?

[44:09] Thank you. Stand table.

[44:14] Extend extended. I'm sorry, Miss Apple White.

[44:18] » Thank you, chairman.

[44:23] » So, our next item today is under new business. This is an appeal case. Um,

[44:27] it's an appeal case for the Sherrod Farm subdivision.

[44:30] The case number is A26-00003.

[44:34] The name of the appeal applicant is Mr. Philip Johnson. He's the attorney

[44:38] representing the client. The original case number is the PP26-000000003

[44:45] which was the preliminary plat and the original applicant was also Mr. Philip

[44:49] Johnson. Property owner is Dina Pace Holdings. The address of the property

[44:55] is off of Dina Pace Road and Brownbridge Road. The tax ID parcels are 43-4A,

[45:01] 43-35, 43-35B,

[45:05] and 43-4D. proposed use is a single family

[45:09] residential subdivision. The existing zonings are R2 single

[45:14] family R2 which is single family residential district as well and they're

[45:18] also applying the open space conservation overlay. Watershed is

[45:22] yellow river character areas are the live work corridors established suburban

[45:26] core and conservation and recreation area density is 776 units per acre and

[45:32] parcel is 399.3 acres. They're proposing 310 lots and

[45:39] the proposed lot size is approximately 17,500 square feet. This is located in

[45:45] commission district 4. So the request is the appeal to the

[45:50] planning commission's decision to deny the preliminary plat for the Sherrod

[45:54] Farms residential subdivision. The original request was the applicant was

[45:58] presenting for approval the plinary plat for the Shroud Farm subdivision located

[46:02] along Dina Pace Road and Brownbridge Road and of course 399.3 acres and 310

[46:09] single family lots and a brief history on the June 23rd planning commission

[46:14] denied this plat um this subdivision the preliminary plat

[46:22] as mentioned the character areas live work corided established suburban C and

[46:27] of course a conservation recreation area.

[46:31] Just a brief background, the single family development um that they're

[46:35] proposing is located south of the access road. There are separate two separate

[46:40] entrances off of Dina Pace Road to the east as well as an entrance located off

[46:44] of Brownbridge Road to the southeast. So the project consists of four parcels,

[46:49] zone R2. um they all fall within those three character areas we mentioned

[46:54] previously. When this first came in um there was a

[46:59] development of regional impact. It initially came in as an annexation with

[47:04] um from the city of Porterdale that was um dismissed by the city dismissed that

[47:09] or they dropped it. They didn't move forward with it but the regional the

[47:13] development of regional impact study had already been conducted. So just want to

[47:17] give you a little bit of background on that. Um

[47:22] at the time it was for 649 single family units and the feedback from the DRRI is

[47:30] that the live work corridor area um the vision for that character area

[47:35] it emphasizes morely more so mixeduse development for employment opportunities

[47:40] and multif family housing. The project however is just single family use. So

[47:44] they didn't think that the proposal was consistent with that particular

[47:47] character area. However, residential uses in single family residential zones

[47:52] are listed in the comp plan is appropriate for it and there are several

[47:56] commercial facilities near the site along the access road which borders I20

[48:00] and intersects with Dina Pace Road. So in their consideration

[48:05] and of course in the context of the nearby parcels the proposal would

[48:08] somewhat contribute to mixeduse intention by creating homes near

[48:12] existing employment and retail opportunities. The requirement for

[48:16] sidewalks due to the availability of sewer infrastructure indicates a

[48:19] walkable development which is attributed to the character area.

[48:24] A traffic study was also conducted in 2023.

[48:30] Uh they met the threshold for that due to the number of new single family

[48:34] proposed homes. Even at 310 they will still meet the threshold for a traffic

[48:38] study. Um back then it showed that the generated trip or the estimates

[48:45] which at the time was for the 649 homes, but they showed a total of 5,639

[48:50] total two-way trips over a 24-h hour period. An updated traffic study hasn't

[48:56] been submitted at this time to reflect the new units as well as to reflect the

[49:01] other subdivisions within proximity that have come online since then. And these

[49:05] are the orders on Brownidge Road as well as on Cowan Road, which they'll all

[49:09] share at Cowan Road Archery to get on to I20. and we'll go into that a little

[49:14] later. So this just shows the trip generation um as provided.

[49:22] So the preliminary plan analysis um the planning commission was a role to review

[49:26] for compliance with our UDO section 1415-030

[49:30] as well as division 430 for the open space. The Sherrod Farms submission

[49:36] consists of 310 single family residential lots on 399 acres on water

[49:41] and sewer. Minimum lot size um an open space conservation overlay brought it

[49:46] down to 17,500 ft which is about4 acres and the average lot size they're

[49:52] proposing is 20,000 square feet which is about 46 acres. So more than a quarter

[49:57] of the lots are larger in size than the average lot size. The smallest one is

[50:01] 17,572 square ft and the largest is 47,720

[50:07] ft. So development as has three entrances, two on Dina Pace, one on

[50:11] Brownbridge Road in the deceleration lane. Um there is concern for traffic

[50:15] congestion at Brownbridge Road entrance since it is located within a quarter

[50:19] mile of two multif family residential developments to the east um namely

[50:23] Benton Woods with 162 town homes, Leafstone Apartments with 232 units.

[50:29] They're also in close proximity about a mile to the other highdensity

[50:32] developments on Crowell Road um which is will also exit onto Interstate 20. So

[50:39] these would include Harold Dobs or the Dobs Landing 253 units, the town of the

[50:43] Yellow River 96 units, Point Grand 216 units, and of course the existing Silver

[50:49] Ridge at 211 units and Oakwood Manor at 322 units. So the proposed project

[50:55] offers multiple parks, male kiosks with parking, mulch to walking trail along

[50:59] the river, um an existing pond, sidewalks, storm water detention ponds,

[51:03] utilities and landscape areas. So other concerns as noted in the DRI include

[51:09] potential impact of the density of the Yellow River on the Yellow River as well

[51:14] as the sensitive flood plane and wetland areas. So even though the developer

[51:17] reduced the number of homes from 649 to 310 units, the proposed subdivision is

[51:22] still in close proximity to the repairarian buffers that protect the

[51:25] Yellow River Wershed. Comments from staff. So the following

[51:29] county departments and external agencies have reviewed and approved the

[51:32] preliminary plant ex um for the plinary plan for Sherrod Farms. So Newton County

[51:37] Fire Department, they've reviewed for the fire code and recommended approval.

[51:41] our transportation department reviewed but they had um conditions as well. So

[51:47] additional improvements are required on Dinapace road and they also had to

[51:50] coordinate with G dot for any additional comments on the Dinapace road and the

[51:54] access road because access road is a G dot corridor. Lithuan County Development

[52:00] Services was reviewed for compliance with the UDO recommend for approvals.

[52:04] Also, our storm water management division has also reviewed and approved.

[52:10] GIS have reviewed and approved as well as the Newton County Water Authority.

[52:15] They've reviewed and recommended approval and they're providing both

[52:18] water and sewer.

[52:22] So, comments from the planning commission meeting on June 23rd, 2026.

[52:26] Several residents and attendees spoke in opposition at the planning commission

[52:29] meeting. Those in opposition said that they were concerned with the high

[52:32] residential density. the impact on traffic congestion and that these homes

[52:37] may end up as rentals rather than owner occupied. One member of the planning

[52:41] commission asked whether the developer would be willing to name a street after

[52:44] Dinapace who originally resided in a small cabin and I think she took like

[52:48] orphan children um as part of her life's work. Members of the planning commission

[52:53] expressed concern for traffic congestion and single family homes that may become

[52:56] rentals run and owner occupied and the planning commission subsequently denied

[53:00] the preliminary plat. So in conclusion, initially the project

[53:04] as stated was to be annexed into Portoale. Um DRRI was completed

[53:10] um and they provided their results for that. The project is also in close

[53:14] proximity to the Yellow River and other sensitive environmental wetlands and

[53:17] flood plane areas which could negatively impact be impacted due to the density

[53:22] that they're proposing. Further, it is anticipated that a significant amount of

[53:26] traffic contributing to congestion will be added to the existing Brownbridge

[53:29] Road and Crowell roads as the main Thor affairs to Interstate 20. Recent and

[53:34] existing developments in close proximity to those proposed developments that also

[53:38] utilize Crowell Road and Brownbridge roads would include adopts landing point

[53:42] Grand River, Silver Ridge, Benton Woods, Leafstone and Oakwood Manor which give

[53:47] approximately a total of 14 92 units. So the current traffic study was completed

[53:53] in 2023 when they were um when the proposed uses

[53:57] were higher and those other subdivisions hadn't come online. Um we don't have any

[54:01] updated traffic impact study since then for um what they're proposing currently.

[54:06] So in addition there will be an anticipated impact on the existing

[54:11] facilities and services particularly with the other highdensity developments

[54:15] that have since been approved in the vicinity. So should the board of

[54:18] commissioners approve this preliminary plan, it should be with the following

[54:21] recommendations and it will be conceptual only. It must meet or exceed

[54:26] all conditions of the unified development ordinance prior to the

[54:29] issuance of a land disturbance permit. So recommended conditions. So the

[54:34] proposed preliminary plant has been reviewed by development services. It

[54:37] meets the minimum requirements for sections 1415- 030 and section 430 of

[54:43] the UDU. Staff is of the opinion that should the board of commissioners

[54:47] approve the plunary plant, it should be subject to the following conditions. So,

[54:51] prior to obtaining a land disturbance permit, all comments from the Newton

[54:54] County Fire Department, development services department, and transportation

[54:58] department shall be addressed. Prior to obtaining a land disturbance permit,

[55:02] comments from external agencies such as the water authority, um, G dot and water

[55:08] conservation commission shall be addressed as applicable. They need to

[55:12] provide an amended traffic study to reflect new traffic patterns and

[55:15] densities of the subdivision and neighboring subdivisions. Provide a

[55:20] wetland delineation study as part of the land disturbance permit.

[55:24] This is an aerial view of the parcels. So, it's all the parcels with um with

[55:28] the stars. Some of the parcels up here and then this large one here and then

[55:32] these two at the bottom. Zoning is R2. Everything in yellow.

[55:41] These are the Carter area maps. So, conservation recreation follows the

[55:45] yellow river. We have the live work

[55:50] in the green.

[55:54] This is our flood plane map. So again, these are the parcels in place. So flood

[55:58] plane is significant on the parcels that they're working with. So the areas that

[56:03] they're building on would just be the areas that are not in the flood plane

[56:07] would be the brown area. This is our wetlands map. There's no

[56:11] disturbance or building permitted in the wetland areas.

[56:17] This is the proposed preliminary plat. Um 310 units. So it extends all the way

[56:21] up to the access road. We have our ex um ingress and egress points. We have two

[56:26] up here and then we have the third one out on Brownbridge Road. Of course, the

[56:30] yellow rivers on this side here. Green areas are the flood planes, flood plane

[56:35] and wetlands.

[56:40] Um, that's it for staff. Are there any questions? If not, chairman, this is a

[56:44] public hearing and the applicant has his presentation.

[56:47] » Thank you. So, it's my understanding that you guys have already had a public

[56:50] hearing. >> You haven't. You haven't. Okay. Thank

[56:54] you. >> Public hearing.

[56:56] » Okay. It is 8. It is 7:57. So, at this time, we're going to open it up for our

[57:01] public hearing tonight. the applicant and those that like to speak in favor

[57:05] tonight. If you come at this time, you have 10 minutes to do so. The applicant

[57:08] and those that would like to speak in favor tonight.

[57:13] Before we start, um I know sometimes it's hard to see the screens. We have

[57:17] some hard copies of the presentation. If you guys would be okay receiving those.

[57:29] There's more. more just in case.

[57:49] » Awesome. Thank you so much, Kenneth Wood, 350 Research Court. Thank you guys

[57:53] for letting us speak tonight. commissioners. Um, I want to talk about

[57:57] the project, its location, and why after all the changes that it's been through,

[58:01] it's the it's the right project for the site and how we've kind of gotten to

[58:04] that point. Um, is there a clicker? Can we Oh, I'm sorry. The side right here.

[58:12] So, this is the map of it. Obviously, we're along the Yellow River that you

[58:16] can see there. We chose conservation. I'll walk you guys exactly through why

[58:20] we chose the conservation on the R2 to protect the lands, be able to have more

[58:24] common area for the development for all the residents that would live in there.

[58:29] Um, and I'll kind of walk you through the different type of zonings and what

[58:31] we're seeing in the surrounding area. This is the map. You can kind of see the

[58:35] different surrounding areas, different subdivisions. We've kind of analyzed

[58:38] those and looked at how we kind of comport to those. This is our site plan.

[58:43] It's a little bit deceiving when you're talking about a development that's

[58:46] almost 400 acres. It can be hard to see on a scale, but the lots are almost half

[58:51] an acre and they go up over an over an acre. Um, and so we have a big swath of

[58:56] different sizes that we have in this. Um, when you're looking at the different

[58:59] plans, we tried to sit up on the hillside. We still have a lot of area

[59:03] that is parks, recreational areas, uh, basically areas going to be for parks.

[59:08] And you can see just how far pulled away from the Yellow River it is. uh the way

[59:12] the topography works and the way we were able to set it up and then have some

[59:15] different pocket parks throughout the entire uh subdivision. Originally, this

[59:20] this started at the 6, you know, 43 that we're originally at. That got pulled

[59:24] back. We started looking at the land. We actually thought we had a plan. There

[59:28] was some bonus density. Um the staff did a great job. They showed us in the code

[59:33] where that that was not applicable. And so that's where we dropped down to the

[59:37] 310. So the second plan that we had was 390 lots. Um and then after that uh

[59:44] conversations with staff we resubmitted and that's the plan in front of you. Um

[59:48] that you see there at 310 and that density is 74 and I'm going to kind of

[59:54] walk you guys through a couple of things with that. So on the traffic study, we

[59:58] we have updated a traffic study, but we're even we're basically going to

[1:00:03] comply with all of the study that said what we need to comply with, even with

[1:00:07] the larger number. And so turn lanes on access road to get in, uh the turn lanes

[1:00:12] and additions we need to do to dine a pace, also on Brown Bridge, uh left turn

[1:00:17] lanes, del lanes, basically the full uh turning movements that we're going to be

[1:00:22] required to do. So we know we're going to have to do that. So, we're prepared

[1:00:25] to be required to do all of those when you look at it on here. One of the

[1:00:30] things I want to show because like I said, it's a little deceiving. I want to

[1:00:33] misspel dispel any any confusion on this. So, the density is 78 and I just

[1:00:38] kind of highlighted all of the densities kind of, you know, throughout the county

[1:00:42] as well in some of the cities. Uh there's a 1.4 just to our east of us and

[1:00:46] then a 2.1. Everything else is much higher. And so we did an analysis and

[1:00:51] looked at even if we took out took out all of the flood plane on the site,

[1:00:55] including all of the wetlands, all the flood plane, and that's what is

[1:00:58] highlighted on here. And you can still see a lot of the the additional extra

[1:01:03] green space the plan has. Um we're still just at 1.4. And so we're still as low

[1:01:09] as the lowest density of any subdivision around us. And that's why I was saying I

[1:01:13] just wanted to be able to kind of call that out because it's sometimes tough to

[1:01:16] see the 399 and think 310 seems like a a big number when you actually look at it

[1:01:22] in this large of a track. It's not. Um this is also what's around us. Um we're

[1:01:27] either larger or directly equal to the largest lots around us. And everything

[1:01:31] I've heard in terms of you know what the county is looking for from uh talking

[1:01:35] with different people. single family detached, a big backyard, almost half an

[1:01:40] acre going up to an acre. Um, we're planning on hitting 400 to 500 sale

[1:01:45] prices in here and I've got some pictures to show that. Uh, these are

[1:01:50] some areas basically right here to basically look at this is distances from

[1:01:54] the wetlands uh that we have. We have been able to go locate the wetlands and

[1:01:58] you can see some of places were 400 feet, some of them were over, you know,

[1:02:03] 145 feet. the closest place on that one little ridge, we're still upwards of

[1:02:07] almost 100 feet. So, we're staying way away from the environmentally sensitive

[1:02:11] areas and we're adding a lot of storm water features to make sure we can take

[1:02:15] care of the trees and the storm water and that that's the reason we're trying

[1:02:18] to do the conservation is we're trying to protect the trees, have a lot of open

[1:02:22] space that's common to the development. Um, we created another exhibit just to

[1:02:26] be able to show just how large the lots are. And this is our minimum lot. And

[1:02:30] so, the lots are over 200 feet deep. And you can see the backyards are almost 160

[1:02:36] ft deep. So the minimum width is 75. And so that supports a really large house.

[1:02:41] All the houses will be at, you know, 15 to 20 feet apart. And so this is, you

[1:02:45] know, this is a larger lot, single family detach, very, you know, high-end

[1:02:49] subdivision that we're trying to provide and what we're looking to do uh for the

[1:02:53] way it sets up. So just wanted to have a couple images. We're going to have a

[1:02:56] master amenity with a large clubhouse, a pool, um big playground areas, uh bark

[1:03:02] parks, dog parks, and outside gathering areas, um pavilions, walking trails. It

[1:03:08] the the development sets up so well. You have different places you can access the

[1:03:13] traffic and distribution, but we also have so much open space that we can

[1:03:17] really take advantage of that and make it a special subdivision. Access to the

[1:03:21] river is huge. Um, you know, being able to have something that where you can get

[1:03:25] down to the river kind of through some of the lower areas is something that not

[1:03:29] a lot of subdivisions have, and this could be a subdivision that can have

[1:03:32] that available uh to it. Uh, these are some pictures of the homes. Uh, it's a

[1:03:37] mixture of one-story homes as well as uh twostory homes, but as you can see, you

[1:03:41] know, we're targeting the larger homes. That's what we're looking at doing for

[1:03:44] the single family detached. Um, and having a mixture of different type of

[1:03:48] styles, substantial materials, uh, that we'd be looking at through the

[1:03:52] development. And we just did some additional analysis with some of the

[1:03:55] surrounding subdivisions that we have and and what we're what we're looking at

[1:04:00] and and going toward. I wanted to touch on a couple of things. So, we did had

[1:04:04] some comments at the at the preliminary plat hearing. There's some confusion.

[1:04:08] originally a motion to defer and we requested um a decision because we

[1:04:12] didn't think there could be a deferral. So, there's some confusion there. But

[1:04:16] some of the comments that came out were about Dina Pace and an orphanage that

[1:04:20] was on the property. We actually found some deeds and a lot of items to

[1:04:24] support. It's just just to the east of the property, not on this property, but

[1:04:28] we we said that we would do something uh to um make acknowledgement and to

[1:04:33] respect all of the history in the area. So, we're proposing to dedicate

[1:04:37] somewhere around a quarter to a half an acre right at the main entrance. Um,

[1:04:42] that would be basically a green space. We would build the trails that you see,

[1:04:45] the sitting areas, create plaques. Um, and this be dedicated and whether that's

[1:04:50] dedicated to the county or dedicated to um a a um you know, a conservation item

[1:04:56] that, you know, can can overlook the park or whether our HOA uh takes care of

[1:05:00] the park. But we we wanted to be able to do that in response to what we had

[1:05:04] heard. And we so we did a lot of diving deep into this um into response for that

[1:05:09] and then making sure that we responded to the traffic and that we are going to

[1:05:12] put in we are find conditioning we are going to put in the turn lanes and the

[1:05:16] del lanes all of them that are necessary to facilitate the traffic and make sure

[1:05:20] there's smooth flow uh throughout the development uh that we have here. And uh

[1:05:25] I'd love to keep any remaining time just in case there's questions um from

[1:05:28] citizens that come up that I can um explain afterwards.

[1:05:32] » Thank you sir. Thank you so much. >> Anyone else would like to speak in favor

[1:05:38] tonight? Anyone else would like to speak in favor

[1:05:41] tonight? >> Thank you. We also allow u 10 minutes

[1:05:45] for those that would like to oppose tonight. If you'd like to oppose

[1:05:49] tonight, please come up and state your name and address, please, for the

[1:05:51] record. You may come at this time. Have 10 minutes to do so.

[1:05:58] Good evening. >> Good evening. Um, chairman,

[1:06:02] commissioners, county staff, members of Newton County community, my name is Hale

[1:06:07] Lima Muhamd and I'm a concerned citizen um, local elected official and advocate

[1:06:12] for um, the preservation of the legacy of Donna Watts Pace. I'm here tonight

[1:06:17] because I believe a responsible development requirements requires us to

[1:06:22] understand what we may be disturbing before it is disturbed. Donna Watts Pace

[1:06:28] dedicated her life um to caring for and educating children in Newton County. Her

[1:06:33] work and the history surrounding it deserves more than assumptions about

[1:06:37] what may or may not remain. Um prior to um the developers coming up, there was a

[1:06:44] comment made that it was a small cabinet cabinet um that housed 700 um children.

[1:06:51] That is an assumption that it was small. I asked the B board, has the county

[1:06:56] conducted an adequate historical review of the property? Has the area been

[1:07:02] evaluated for unidentified burial sites or rem human remains? Have historic

[1:07:08] maps, deeds, serial photographs, land records, and other archival material

[1:07:14] been thoroughly reviewed? Have a qualified archaeologist or historic

[1:07:19] preservation professional evaluated the relevant portions of the property? Can

[1:07:25] the county confidently say that the historic cleaf significant resources

[1:07:30] will not be destroyed? If we cannot confidently answer those questions

[1:07:35] tonight, then we may not be ready to vote yes tonight. I am asking the board

[1:07:41] not to vote yes tonight. take the time necessary to do the research, consult

[1:07:46] the appropriate professionals, and determine what is actually there before

[1:07:50] allowing irreversible disturbance of the land. This is not an argument that

[1:07:55] development can never happen. I am team development all day. Um, it is an

[1:08:00] argument that responsible government should know what it is authorizing

[1:08:04] before the ground is disturbed. If the research is done and nothing is found,

[1:08:09] then at least we will know we acted responsibly. But if we approve this

[1:08:15] first and discover later that something important was destroyed, there is no

[1:08:20] vote we can take afterwards to put it back. We can always come back and vote.

[1:08:25] We cannot unearthed history twice. Her legacy deserve to be preserved. Please

[1:08:30] do the research before you vote yes. And I'm asking everyone who believe um that

[1:08:36] history deserves to be protected to visit the donapaceleacy.org.

[1:08:40] Thank you. >> Thank you.

[1:08:42] » Anyone else?

[1:08:51] » Good evening ladies and gentlemen. My name is Summer Aul. This is my daughter

[1:08:56] Autumn Aul. We stay off Karen Ridge. And um first of all I would like to say that

[1:09:02] that was a great presentation that the gentleman came up here and gave every

[1:09:06] point that a real estate development would want to come and give. However,

[1:09:11] the one thing missing from his presentation was it represented humans.

[1:09:15] He talked about even the trees. He was going to put a a half of acre of land

[1:09:21] and dedication uh to Mrs. Pace out of 400 acres. How generous. But just as he

[1:09:28] showed when he came up here and gave you all these papers to look at so you can

[1:09:32] see it closely. The residents the residents we live around here we would

[1:09:36] like to see it closely. We are never considered when we come to these types

[1:09:40] of things. You want to bring 400 houses into a area that's already congested.

[1:09:46] Right at the corner of our street there was someone who just recently died as

[1:09:50] I'm sure you all know. He may know but he will not say that. I am here to say

[1:09:55] that. But I'm here to speak for all the people that live around here who we

[1:09:58] bought our homes. We bought our homes to raise our children here. We did not

[1:10:02] bring our homes to have all of this congestion. All of these businesses

[1:10:06] built in residential areas. All of these homes built for profit. All of these

[1:10:11] homes without the even the consideration of bringing rental properties into

[1:10:17] homeowners areas. We saved our money to buy homes to raise our children to live

[1:10:23] in nature. We we came to Coington for the trees that are being torn down for

[1:10:29] all these houses. With that being said, for anyone here on the panel or in the

[1:10:33] audience who are who are parents or have el elderly people in their family, I

[1:10:39] would like for you to hear what my daughter has to say.

[1:10:43] » Okay. Um, when he said uh to help the trees out or something like that, I feel

[1:10:50] like you would tear down the trees in order to put the building right there

[1:10:55] because isn't that necessary to put it where a forest is, but it's kind of

[1:11:01] unnecessary. I don't know what else to say.

[1:11:04] » It's okay. What her point is

[1:11:09] [applause] Her

[1:11:13] point is is that as I stated, we came here to live in nature. We moved to

[1:11:17] Coington out of anywhere in the United States because this is a rural area.

[1:11:21] This is an area that we want to raise our children in, live in nature. And

[1:11:24] when you tear down all those trees for these type of properties that are for

[1:11:28] financial gain, where do those animals go? No one thinks about that. But again,

[1:11:32] as I said, I'm here for the human rights and everyone who was neglected in this

[1:11:35] audience who didn't get to see that up close piece of paper that was printed

[1:11:38] out so nicely for the board here. Thank you.

[1:11:44] [applause] >> Anyone else?

[1:11:48] » Good evening. I'll be very brief. You said everything in the right way. Uh,

[1:11:52] nice presentation, but you didn't consult with the

[1:11:56] community. You said you consulted with the county. Nice presentation.

[1:12:01] Nice presentation there, Miss Apple White. But nowhere I see where the

[1:12:06] office of sheriff or law enforcement is going to be uh involved. G dot G dot is

[1:12:12] not going to address the issues on the roads there on Donna Pace. Um good

[1:12:20] thinking. you had uh mentioned that you was going to do 700

[1:12:26] houses or so and then you cut it down to 300, but yet it's still if you do that

[1:12:31] when you turn around and you look at the math with the houses that we have

[1:12:35] currently up there, you're going to be looking at about 700 vehicles trying to

[1:12:39] come out of there in the morning time, trying to get back there in the

[1:12:42] afternoon. And I know there's other want to speak, but I submit to you perhaps

[1:12:47] there's a place for these houses to be built, but not on Donna Pace. Now,

[1:12:54] [applause]

[1:12:58] we continue we continue to put everything on the western side of the

[1:13:02] county. >> On the western side of the county, we

[1:13:05] continue to put everything over there, but the services is not there. So before

[1:13:11] we move forward, I think we need to look at where we are with the infrastructure,

[1:13:15] where we are with with services. And that's the end of my presentation, but

[1:13:20] please listen at the female before anyone else. [applause]

[1:13:32] » Good evening everybody. I'm Anderson Bailey. I live at 1054 Diner Place Road.

[1:13:37] Also a representative of the school board.

[1:13:40] Now we are impacting our schools already. We're packing out and uh Mr.

[1:13:45] Edwards used once on the school board. Now they bringing in more houses. What?

[1:13:49] That's going to bring more children. So with more children, it's going to be

[1:13:53] more uh issues are impacting the schools. And not only that, you know,

[1:13:59] they talk all the nice stuff. They did a great presentation. They made their soup

[1:14:04] and they served it. But the thing is the taste is not good. not for that area.

[1:14:09] And right now, everything is being built, but our schools is tight. They're

[1:14:15] tight now. Every day we got something going on. So, what are we going to do?

[1:14:20] Invite more and more traffic? We're going to invite more and more headache?

[1:14:23] You talking about building uh turning lanes? Where you going to get that

[1:14:28] property? You going to make everybody give up something just to build

[1:14:30] something? Here we go again. We're going to be back in front of you again. And so

[1:14:36] everybody think about where you live at. Just think for sake where you live.

[1:14:43] Would you want all this in your area? Everybody got their own private big

[1:14:47] yards, big houses, but we want our little houses. We want our little area.

[1:14:52] We've been out there for years. We love each other. We get along.

[1:14:57] So when you invite outsiders to come in, if G dot then put turning lanes up there

[1:15:03] on D down Pace Road, look at how hard it is now to get out.

[1:15:08] You playing jump rope trying to get in and get in the traffic and get out. And

[1:15:11] when something happen on the expressway, guess what? They on the side road going

[1:15:15] home or either coming to town and that just going to be more traffic. They

[1:15:20] don't live here. They comfortable. They making money.

[1:15:25] So they getting paid. So I just ask y'all to look at it because it's a lot

[1:15:30] of houses around here in Coverington right now. They move in, they move out,

[1:15:33] they abandon. It's just an in out inout thing. But if

[1:15:38] y'all just really take consideration and look at this night, table it, do

[1:15:43] whatever you got to do. Give us a chance to be heard. I appreciate that. Thank

[1:15:48] you. >> Thank you, sir. Anyone else? [applause]

[1:16:01] Good evening. My name is Janelle West. I'll make it short and sweet because I'm

[1:16:05] a constituent, not any of the board members. You should deny the um you

[1:16:09] should affirm the planning commission's deni denial of the application because

[1:16:13] it will put a strain on the school districts and on the resources allocated

[1:16:19] for this area where citizens already complain about response time from uh

[1:16:25] ambulance police and in regards to traffic everyone used up all the time.

[1:16:31] So I've truncated everything right there but I'm a constituent. I'm not a part of

[1:16:35] the government. We don't want it. >> Thank you, ma'am. [cheering]

[1:16:44] [applause]

[1:16:46] » Thank you. It's 3 seconds. 3 seconds. Anyone else? You got three seconds.

[1:16:51] Three seconds. Three seconds.

[1:16:58] » Three seconds.

[1:17:01] » Good evening, commissioners. Good evening.

[1:17:03] » My name is Gladstone Nicholson. >> It's been a while since I've been here.

[1:17:07] I just want to say this. >> Do the same standards for the east side

[1:17:11] as west side when you start building along permits.

[1:17:13] » Thank you, sir. >> Thanks.

[1:17:19] [applause]

[1:17:22] » So, I think they wanted to come back. The applicant wanted to come back up. I

[1:17:25] think it had two minutes remaining. How much was it? How much?

[1:17:30] » Yep. Two minutes and 17 seconds. Sir, we got two two minutes and 17 seconds.

[1:17:36] » Sounds is Do I have the clicker still? So, so I just want to respond, you know,

[1:17:41] with like um Am I able to? So, we had found like we've we've done a

[1:17:46] lot of research and we're not trying to, you know, we're not trying to argue at

[1:17:49] all. Um we had, you know, found a deed that described it as being to the east

[1:17:54] of the site, you know, and it says it very specifically. We can supply that

[1:17:58] coming in. So, we weren't doing that. So, we're just trying to, you know, come

[1:18:01] up with a really a really nice, you know, design if you're coming down so

[1:18:05] that everyone in the neighborhood could could have something for the Dina Pace

[1:18:08] Legacy. So, we're we're just trying to come up with an idea that, uh, seemed

[1:18:12] very fitting. Uh, I have no problem with meeting with the neighborhood with this

[1:18:15] being already zoned. Not part of the, you know, the typical process like a

[1:18:19] zoning. Um, but, you know, I don't have a problem with meeting anybody running

[1:18:23] through the plan. I think it's, you know, a great plan. We were looking at

[1:18:26] the conservation because you can, you know, you can see on the plan where, you

[1:18:31] know, all the little green areas, those are all common areas at the edge and

[1:18:35] then there's so much more common area in the center of the site. Uh most of the

[1:18:39] trees are cleared on the areas where we're building the homes uh that you see

[1:18:43] there. So, so much of the trees are down in the kind of the lower areas and some

[1:18:47] of the fall areas. That's why we chose the conservation and felt like it was

[1:18:51] definitely the most appropriate uh for this, you know, here. Um, you know,

[1:18:56] being R2, being larger lot, single family,

[1:18:59] we felt like that, you know, you know, having nice homes in the area, having

[1:19:03] single family detached, a big yard, a really powerful HOA that can take care

[1:19:08] of the land, take care of the grounds, that that was that was the direction,

[1:19:13] you know, it being zoned R2, that that was what is most appropriate for this.

[1:19:18] And like I said, we're not trying to, you know, go against anybody or or or do

[1:19:22] anything at all. We're happy to um as part of a permitting process, if

[1:19:27] approved, we're happy to get with RS Webb, who's a historian, and let them

[1:19:32] come on the site and do the research and provide the outcome of that. Um, you

[1:19:36] know, we're just we're just here to listen. We're here to, you know, we

[1:19:39] think this is a great project. It's just a large piece of land, but it does

[1:19:43] distribute property in a in a really great way. Uh G do DOT I know is going

[1:19:47] to let us provide turn lanes and really help with the traffic mitigation on both

[1:19:51] of the entrances and exits and we're willing to do that in conditions as

[1:19:55] well. Thank you. >> Thank you sir.

[1:19:59] » Thank you sir. Miss Apple White if you would please come on back up.

[1:20:05] Commissioner Henderson. What shall we hear?

[1:20:12] » Thank you [clears throat] Miss C. Um, you know, one of the things that wasn't

[1:20:16] mentioned was the fact that we had been fighting a data center just beyond that

[1:20:21] piece of property and the county had nothing to do with it. It was being

[1:20:27] annexed by the town of Porterdale. And everybody said, "Jason, you you just

[1:20:31] going to make sure they going to put a data center on?" Nope. It was not going

[1:20:34] to be no data center that JC Henderson approved uh in in that community or any

[1:20:40] community unless it was something that way on back in the country that they

[1:20:44] wanted. Then just up the road from that uh on

[1:20:49] Core Road, there's another big subdivision in district 4 about 4 or 500

[1:20:53] houses, town houses and all that stuff and with little to no infrastructure.

[1:20:59] And then in district three, uh Commissioner Cooper had one just beyond

[1:21:03] it. If all those things are approved, it ain't going to be so many people on the

[1:21:08] road and running down a pace and and all the rest of them.

[1:21:13] We've got to do something for infrastructure.

[1:21:17] And then, hey, what about uh protection? Police are shared protection. Shared

[1:21:23] protection. Tell me something. With the budget decreasing

[1:21:28] and the shared budget decreasing, how you going to get an officer and all

[1:21:32] those folks get over there when you need one? You tell me because I don't know.

[1:21:38] So it's a whole lot of stuff that going on at at Dana Place and then they were

[1:21:44] talking about when we first started talking about it. I listened

[1:21:48] and they said, "Well, we're going to come in. We're going to fix the come

[1:21:51] into down Pace the rightand side, but we're going to leave the other side just

[1:21:57] the way it is." I could understand that. So only thing

[1:22:02] that I asked then I'm still asking was a community meeting where you come

[1:22:08] and get let all the peoples who from down a pace

[1:22:13] or anyone else who may want to come attend the meeting and come up and just

[1:22:17] tell you about how beautiful their homes are that little piece of land that they

[1:22:20] live on. But you you know and I think I and you correct me if I'm wrong James

[1:22:26] because you know I'm just who I am. I had asked you to get the number last

[1:22:31] week so I could call, we could set up a meeting and I'm talking to our county

[1:22:35] manager and what did you relate back to me?

[1:22:41] » That was staff was getting the number um and the uh proponent at that time

[1:22:47] declined to have a public meeting. So, hold.

[1:22:53] So, what I'm saying is

[1:22:58] I what I what I'm going to do is table it to give them an opportunity

[1:23:02] to come to our public meeting and so you can hear the people who homes

[1:23:09] that will be around that big old subdivision that probably that's going

[1:23:13] to bring to right across down pay. And there was two vineyards I was

[1:23:18] looking at either church in Dana Pace or Bethlehem Baptist Church.

[1:23:24] And so what I would like to do my my fellow commissioners for the down of

[1:23:29] pacing is to table it for 30 days to give us a t a chance to have a public

[1:23:37] meeting with the developers so they can tell you personally

[1:23:43] what they want to build in around our community. Secondly, I'm going to have

[1:23:48] the sheriff I'm ask him or represent be present to talk about the traffic that

[1:23:54] is going to bring to the community. Have the fire chief there talk about possible

[1:23:59] fires and we know we have uh uh board education member uh Anson Bay to be

[1:24:05] there too as well. So we just want to have a big nice peaceable discussion

[1:24:11] with you as far as how how if we move forward

[1:24:16] how we could all work together if we can for something.

[1:24:22] And lastly, it's standard watchpace.

[1:24:26] When I first became a commissioner, I learned about that story. In fact, Mr.

[1:24:31] Fleman Pitts made sure I knew about that story.

[1:24:36] Uh she had an orphanage and she was a she was a slave, had an orphanage and

[1:24:41] she had about two kids that she brought with her and started or orphanage here

[1:24:46] on down a pace. She had all the acres that you heard about, what, 400, 500

[1:24:51] acres. And she died in 1933.

[1:24:56] And when she died, two years, it lasted only two years. And she died,

[1:25:01] the history was forgotten. And I refused to let her history be

[1:25:06] forgotten because I cried because when I read the story just like my grandmother

[1:25:11] or my mother in the plaque they would let they put on

[1:25:15] the property where the old oak tree at where there should be some uh some old

[1:25:20] slaves some slaves uh head of the headstone there which

[1:25:24] rocks around the oak tree. We got into the Dip Pace Park. is upon the sign

[1:25:30] talking about what she had did for Donna Pace.

[1:25:34] I will not let history at least on my watch be forgotten nowhere in New

[1:25:40] County. those people. The reason why I'm here sitting here today, this day is

[1:25:44] because of those peoples because I'm standing on their shoulders

[1:25:49] in order to be here. Cuz other than that, we wouldn't had a reverend card

[1:25:55] and we wouldn't had others to sit in this seat had it not been for them. And

[1:26:02] so, but I'm and I'm closing. I'm just going to say this. I'm going to set up a

[1:26:06] meeting. I'm ask that another meeting be set up

[1:26:10] and we all attend come in peacefully talk about it and then the next meeting

[1:26:15] we have a we'll make a decision. So having said that u Mr. Chairman I'd

[1:26:22] like to make a motion to table for 30 days.

[1:26:25] » Chairman if I may um could we do that for 60 days to allow for readvertising?

[1:26:30] » I changed that motion for 60 days. >> Thank you.

[1:26:33] » Thank you sir. Thank you ma'am. Um, is there a second?

[1:26:39] » It's been motioned by Commissioner Henderson that we table this for 60 days

[1:26:42] and second by um, Commissioner Cooper. Any discussion? Uh, Commissioner Long.

[1:26:49] » Lots of discussion. Okay. Where is that traffic report? How come you haven't

[1:26:54] received the updated traffic report that they said they have?

[1:26:58] » And we don't have a copy of the amended report at this time. They did not

[1:27:02] provide one before tonight, but they're saying they have one.

[1:27:06] » It appear that they have done one, but I don't believe we received it,

[1:27:08] » but we haven't seen it. And we have 1,500 other homes in this area that are

[1:27:13] coming online >> that have come online and existing.

[1:27:18] » Okay. All right. That's so they they're in just like we've been talking about

[1:27:21] with this UDO, everything that's in the pipeline, you got to remember what's on

[1:27:24] down the road. And one of the things that we've been talking about is I know

[1:27:28] everybody mentions the eastern end of the county and yes I protect the heck

[1:27:31] out of the eastern end of the county but that doesn't mean I'm not going to

[1:27:34] protect the western end of the county. So I would like to make a substitute

[1:27:39] motion to deny the plat immediately tonight.

[1:27:47] Um there's a substitute motion on the floor um made by commissioner long that

[1:27:52] we deny this uh plaque tonight. Is there Um a second.

[1:27:56] » Second. >> It's been motioned by um Commissioner

[1:28:00] Long and second by Commissioner Mason. Any discussion?

[1:28:04] » All in favor and stand denied. Thank you. Five.

[1:28:10] » Thank you. [applause]

[1:28:16] » Next is citizen comments. this opportunity, we allow citiz

[1:28:27] Oh, I'm sorry. We do have one more. Miss Apple White, we have one more. Yep,

[1:28:32] guys. I apologize. We're We have one more. We're still in um our public

[1:28:35] hearing. I have one more. >> My apologies, chairman. Our final item

[1:28:43] this evening is for consideration a resolution 081826.

[1:28:48] It's a resolution of the Newton County Board of Commissioners extending through

[1:28:51] November 4th, 2026 an existing moratorum on the acceptance or approval of new

[1:28:57] applications seeking one to resone property to any zoning category that

[1:29:01] authorizes residential uses. Two, preliminary plat approval for any

[1:29:06] development that includes any residential use. three requests for

[1:29:10] temporary building permits for residential uses under section 510640

[1:29:15] of the Newton County Unified Development Ordinance. So basically our moratorium

[1:29:20] on residential subdivisions will expire on August 19th which is tomorrow. So

[1:29:26] we're looking to extend that until November 4th which would coincide with

[1:29:30] when we propose to wrap up and have the UDO adopted the updated UDO.

[1:29:36] some go ahead. >> I'm ready.

[1:29:40] » Okay. I think we got to open this up for a public hearing. Apolog apologies.

[1:29:44] » This Yes, this is will be a public hearing.

[1:29:45] » Yep. Thank you, ma'am. So, um the applicant, which is um us,

[1:29:52] » we have 10 minutes. Anyone want to speak in favor tonight? You have 10 minutes to

[1:29:55] do so. You may come at this time. You have 10 minutes to do so.

[1:30:03] Thank you. That portion is closed. We also allow 10 minutes for those that

[1:30:07] would like to oppose. You have 10 minutes to do so. You may come at this

[1:30:10] time. State your name, your address for the record, please. Anyone want to

[1:30:13] oppose tonight? Um, anyone want to oppose tonight? That

[1:30:18] portion is closed. Miss Apple White, if you would

[1:30:23] commissioners, I seek a motion, please. >> It's been motioned by Commissioner Long

[1:30:28] and second by Commissioner Cooper. Any discussion? All in favor? Thank you.

[1:30:34] passes 5. >> Thank you, chairman. That concludes the

[1:30:36] zoning items for this evening. >> Thank you, ma'am. Now, we're citizen

[1:30:41] comments. You have three minutes to do so. If you would please come and state

[1:30:43] your name, your address for the record, please.

[1:30:49] You may come this time. You have three minutes to do so. State your name, your

[1:30:52] address for the record, please.

[1:31:12] I'd like to thank the board of commissioners for this time.

[1:31:16] I'm here about stray cats and how the how areas

[1:31:21] » Can I get you to pull your mic down just so they can hear you? There you go.

[1:31:23] » Oh, I'm sorry. And your name if you don't mind.

[1:31:26] » Oh, my name's Claude Hartley. >> Okay. Uh, and I'd like to thank the

[1:31:31] board again. I'm here about stray cats and how areas in our county are overrun

[1:31:38] with cats. Last year, I captured 16 or more cats

[1:31:45] and have taken them to animal control. This year, I have captured 12 cats,

[1:31:51] making a total of 28 cats in this period of time.

[1:31:57] Monday, I took a cat to animal control. There was a notice posted on the front

[1:32:02] door stating they are not taking any more cats.

[1:32:09] They're full. This shows how bad the problem is in

[1:32:13] this county.

[1:32:21] Let me find my spot here. It's my understanding that Newton County control

[1:32:27] does not capture feral cats. What's a citizen to do?

[1:32:33] I know they are overwhelmed, but they are the only resource we have to this

[1:32:38] ongoing problem. I have a suggestion. It's called TNR.

[1:32:44] What this means is capture, spade, neuter.

[1:32:51] that prevents the cat from reproducing.

[1:32:56] Then you release the cat over a period of time. I think this would help.

[1:33:02] I have a number of counties that practice this and it seems to have some

[1:33:08] success.

[1:33:12] The counties that practice it,

[1:33:17] this is going to shock you. An unspayed female cat can become

[1:33:22] pregnant within four months

[1:33:27] and bear three litters a year, assuming at least one cat survives.

[1:33:35] This cycle can produce over 200 cats a year.

[1:33:42] Uh the thing is, now I'm going off script.

[1:33:46] The thing is that animal control, when you take a cat to

[1:33:51] them, their response is we're full. All this

[1:33:57] does is cause cats to reproduce in the area. And I'd like to see other methods

[1:34:06] like an ENR method looked into to maybe help with this. And thank you.

[1:34:13] » Thank you, sir. >> Thank you. Anyone else?

[1:34:25] » No. So, we we'll get them we'll get in front of you. All right. Thank you.

[1:34:30] » Newton County Omega Newton County resident. The question is specifically

[1:34:36] aimed at you. Uh and the question is concerning the

[1:34:42] parliamentary procedures

[1:34:45] and what I need to get an understanding of [clears throat] is

[1:34:50] what is the uh overriding

[1:34:55] authority that rescended the governor's suspension. In other words, I'm not here

[1:35:01] to challenge. I'm here to get understanding or clarity because the

[1:35:06] back and forth was from my understanding

[1:35:10] that although you had five charges dismissed that you still have standing

[1:35:17] charges against you and and Governor Kemp has been very vocal and coming out

[1:35:23] in news organizations and media saying that the suspension and the executive

[1:35:28] order suspension and removal still stands. So, help me and the rest of the

[1:35:33] Newton County residents understand. Is there something that we missed or

[1:35:38] somebody that has more authority than the presiding governor that you have the

[1:35:43] power to override the suspension?

[1:35:50] You got a minute and 40 seconds, sir. >> Yeah. I'm asking you a question.

[1:35:54] » So, you can come up and speak. We don't speak back to you now. you can come up

[1:35:58] and talk to us after the meeting is over with, but you have a minute and 30

[1:36:01] seconds remaining. >> All right.

[1:36:03] » Thank you, sir. >> So, in in essence, what's what's going

[1:36:08] on is is that we need to understand that according to the OCGA45-5-6.

[1:36:19] is very explicit in that it explains pending the final disposition of their

[1:36:26] criminal cases or expiration of your term of office which neither one is

[1:36:33] happening like the term is still ongoing and there's no decision on part of the

[1:36:40] courts the judge the governor everybody is saying nope you still have these

[1:36:47] things going don't. So, it disturbs me because, you know, I don't really

[1:36:54] participate like this. I'm behind the scenes kind of

[1:36:58] guy. And when I start seeing things going sideways or going left, see, it

[1:37:05] puts me in the mind or it triggers me in a way where I'm I'm being challenged if

[1:37:10] if I'm stepping up and actually operating under my, you know,

[1:37:15] constitutional um

[1:37:19] what we might call duty. So, I'm coming straight up and saying that this would

[1:37:25] not be the end of this. So, I want to talk to you, brother Baines, and I want

[1:37:29] to find out what we can find out. >> Thank you, sir. Anyone else?

[1:37:37] » Please state your name, your address for the record, please.

[1:37:45] Hello everybody. Good evening. I want to ask the new county board of commission

[1:37:50] about the youth facility plan on 50 road. This project had been talked about

[1:37:55] for some time and the community deserve to know what's taking them so long.

[1:38:01] So, I have something else to say. My uncle had a seizure at 1:35

[1:38:08] p.m. and the fire department arrived at

[1:38:15] around 1 something. And not only that, the ambulance showed up at 2:05. That

[1:38:21] contract was signed on the EMT. That don't look too well because my uncle

[1:38:26] almost died from that. So, y'all didn't do a new contract cuz that don't look

[1:38:32] too good, y'all. Thank y'all. Thank you. Anyone else?

[1:38:43] Please state your name, your address for the record, please.

[1:38:50] Thank you once again. Thank you once again, commissioners. My name is

[1:38:52] Gladstone Nicholson. Live on the west side of town.

[1:38:57] And what couple things I have to say, but I'll say something almost impromptu.

[1:39:01] That young man who just came up here, if there are folks like him, I think we

[1:39:06] have a legacy already being built and we should make as strong as we can as a

[1:39:11] community. I like what he said. But why I came up here is to say thank

[1:39:17] you to the commissioner for district 5 who wanted who gave an emphatic answer

[1:39:23] to the question about that construction. I thank you much

[1:39:28] and um I in my brief moments uh I said we need to have a more balanced view of

[1:39:36] construction across the county. We have the east side, west side. We probably

[1:39:41] have maybe they might be newer and older Newton County, but I do believe there

[1:39:49] has been some differences in how uh development is

[1:39:55] handled. Perhaps it's because the new folks did not do not did not understand

[1:40:00] as well as older folks how this system here works. Not that it works badly, but

[1:40:05] the idea here is if you don't know a system, you're going to have some slack

[1:40:10] time where you might maybe come up on short end because of your learning curve

[1:40:15] being not being as sharp as it probably should be. So the idea here is for folks

[1:40:20] on west side in your side to understand that they have as much at stake in this

[1:40:27] county as the folks who have quote unquote all the land that's being

[1:40:31] hoarded for whatever is down the road. And I just want to say thank you all for

[1:40:36] what you're doing. Thank you commissioner. There are some new members

[1:40:41] on the board. Thank you all again. and maybe the future will be brighter than

[1:40:46] it's been for the past I don't know decade or so. Thank you all.

[1:40:50] » Thank you, sir. Anyone else? Commissioner Edwards.

[1:40:56] » Thank you, Mr. Chair. So, I want to start off by making sure everyone

[1:41:02] understands. Now, we we denied a project tonight that and and I voted against it,

[1:41:07] don't get me wrong, so I voted against it. But we've denied a project tonight

[1:41:11] that is allowed by right. And what I mean by that is the zoning existed

[1:41:17] for some type of residential development on that property. The time for us to

[1:41:21] yell and scream, include myself, is during the zoning hearings when we were

[1:41:26] trying to change the zoning on properties. That's the time to voice

[1:41:30] your opposition. Tonight we we heard the opposition to a final plat.

[1:41:35] And a final plat is just hey we're deciding on the configuration and we

[1:41:40] turn that down harder defending court. Uh the other thing I want to touch on is

[1:41:47] um you know this this thing of east and west has popped up again on the west on

[1:41:54] the east southeastern and the eastern side of the county we have no sewer. So

[1:41:58] the density the zoning density is not there not allowed. Um, I don't know why

[1:42:04] the sewers sewer started on the western side of the county 40 years ago. I have

[1:42:08] no idea. I wasn't probably didn't care then, but I mean I wasn't a commissioner

[1:42:13] for sure back then. So that's where the sewer the density follows the sewer. And

[1:42:17] keep in mind, and I'm talking about myself here, too. So we we we we voice

[1:42:23] our opinion in opposition, and I've stood right there and done it. We voice

[1:42:26] our opinion in opposition to developments when we all live in a

[1:42:30] development on one one way or the other. We all most of us live in a subdivision.

[1:42:36] So I have I have some acorage where I live and I remember people I zoned two

[1:42:41] acres of my of my my my acres. I zoned two of my house and I had people stand

[1:42:47] up in opposition against it because they just didn't want to see agricultural

[1:42:51] property go residential. So, I understand it. But we all live on

[1:42:56] property that one time was probably agricultural. And we and we uh we we we

[1:43:02] protest I do I do it as well. We protest our developments. And I don't want to

[1:43:07] and you've heard me say it 16,000 times sitting right here. If we never build

[1:43:11] another house in Newton County, it suits me just fine. I don't care what what

[1:43:16] zone uh what uh district is in. So, but that's not reality. But I just wanted to

[1:43:22] I just wanted to make that point that that that we all live on property that

[1:43:26] some somebody probably protested when they got ready to develop it sub

[1:43:30] especially subdivisions. So just want to get that off. Mr. Chairman, thank you.

[1:43:35] » Thank you, sir. Um Commissioner Mason, >> thank you, sir. Um Commissioner Cooper,

[1:43:42] » thank you, Chair. Um Commissioner, like I said, I heard what you're saying on

[1:43:47] that. Um but also uh I know you talked about the sewer

[1:43:51] accepted on that but maybe we need to look at developers or something u doing

[1:43:56] on the upside but we don't still at the same time we want to make sure that we

[1:44:01] um get uh what we want and what we deserve on

[1:44:06] the west side. So, uh maybe we can talk to developers and and and install the

[1:44:12] seal line or something, make it part of their scope or something, but we can't

[1:44:16] uh continue to uh put everything on on the west side.

[1:44:22] » Um Commissioner Henderson,

[1:44:27] » thank you. Thank you, Mr. C. I just want just want to say this and and I I say

[1:44:32] Stan, you hit it the nail right on the head.

[1:44:36] that that was somewhat a bad decision in what we done. Whereas if you would have

[1:44:42] had meetings, you could have maybe worked with the developer in order to

[1:44:48] get maybe possibly less density or whatever you wanted to do. But by flat

[1:44:53] out denying it, knowing that you had really had no real reason for denying

[1:44:57] it, they go to court, get it approved, they build a subdivision.

[1:45:03] You have no say in at all. And so only thing as the district 4 county

[1:45:08] commissioner what I was saying was that I was trying to the best of my ability.

[1:45:13] So I'm sitting up here longer than anyone up here. I understand kind of a

[1:45:18] little bit how it kind of works. But that and it's fine. You learn by trial

[1:45:22] and error. And so we we'll see what the end results will be uh as far as that

[1:45:30] subdivision on down a pace and in all the other one over on Cal Road. It's

[1:45:35] also is a subdivision that the judge rule against us and they wanted to build

[1:45:41] it. So, we're denied again and eventually they'll probably build what

[1:45:45] they want to build. And you can have all we have all those houses up there.

[1:45:51] And I learned a long time ago if you can talk a little bit of sense into me like

[1:45:57] my mama did, then I probably act a little bit better. I did when I was a

[1:46:00] younger man. Thank you. Thank you, sir. Uh, Commissioner Long.

[1:46:04] » Well, I disagree with them. >> I've been doing real estate for 30

[1:46:08] years, and I'm gonna tell you something. We did not apply tonight. And I think

[1:46:12] sometimes government gets a little brainwashed.

[1:46:15] And I think that there are things that you can do and we've proved that several

[1:46:20] times since I've been on this board for 18 months that we have one against

[1:46:24] developers that take us to court. You have to have that can do. We're not

[1:46:28] going to take it attitude. And you have to say when we deny a plat, and I didn't

[1:46:32] give all the reasons why we deny this plaque, but we can deny what they are

[1:46:36] presenting anytime we want to. Now, can they come back? Yes. And we can sit down

[1:46:41] with them and have that discussion and we can say and put all these conditions

[1:46:46] in there. Okay, we don't have to have 310 homes. We can put all the conditions

[1:46:51] in there. They are using what we have as a loophole right now where they're using

[1:46:55] two types of zoning on top of each other. Okay. So, we do have rights as

[1:47:00] citizens in this county. And I get so tired of hearing, oh, we can't do

[1:47:03] anything. We're going to get sued. I don't care.

[1:47:05] » Well, who's making money? So let's get >> you making money guys.

[1:47:09] » I do not talk over you. >> So we can Well, you know what? That's

[1:47:13] kind of contradictory then, you know, >> but I want good developments in this

[1:47:17] county. I want to make sure that we take our time because they can come in here

[1:47:21] and give us a dog and pony show every time they want to. But do they ever turn

[1:47:25] out like these pictures? >> No.

[1:47:28] » No, they do not. So I am willing to take that chance and if they want to come

[1:47:32] meet with me, they come meet with me. I'll tell them what we can do better

[1:47:35] because I realize that if there's a will, there is a way and that's just how

[1:47:40] I do things and it's different. It's a different mindset. I might be wrong, but

[1:47:45] I'm willing to take that chance. That's all I want to say about that. And um you

[1:47:50] know, sometimes you just have to kick the can down the road a little bit.

[1:47:54] Thank you. >> Thank you. There is a need for executive

[1:47:57] session tonight. Um personnel and u potential litigation. I seek a motion

[1:48:03] that we move into executive session. It's been there a second. It's been

[1:48:08] motioned by Commissioner Henderson and second by Commissioner Edwards. Any

[1:48:11] discussion? We

[2:29:22] We are now back in regular session. Do I have a motion to

[2:29:29] » to adjourn? All those all those in favor we are

[2:29:35] journed.

BOC Regular Meeting 8 18 2026

Agenda

Transcript