PAULDING COUNTY PLANNING COMMISSION MEETING  August 27,2024  The regular meeting of the Paulding County Planning Commission was held on August 27, 2024 in the Watson Government Administration Building. Planning Commission members in attendance were Chairman Jody Palmer; Ellis Astin; Sammy Callahan; Helene Fitzgerald and James Steele. Commissioner Chairman Dave Carmichael; Commissioner Keith Dunn; Commissioner Sandy Kaecher; Commissioner Dean Schneider; Commissioner Virginia Galloway and County Attorney, J.Jayson Phillips were present. Staff in attendance included Community Development Director, Ann Lippmann; Planning and Zoning Division Manager, Chris Robinson; Planning and Zoning Planning Tech, Leah Wilson; Department of Transportation Director, George Jones; Water and Sewer Department Director, Ray Wooten; Chief Trevor Hess; Det. Brian Smith and Sgt. Tommy Biggs with the Paulding County Marshal Bureau. Planning Commission Chairman Jody Palmer called the meeting to order at 2:00 PM., requesting Planning & Zoning Division Manager Chris Robinson announced the following applications have been continued to a future Planning Commission meeting date to allow further review by staff: 2024-26-Z and 2024-11-SUP by Stephanie Mann; 2024-29-Z by Ardent Acquisitions LLC; and, 2024-05-SUP by Sharon & Leroy Gordon; application 2024-16-Z also by Sharon & Leroy Gordon has been withdrawn by the Chairman Palmer explained this is al recommending body and any action taken today will be forwarded to the Board of Commissioners for final approval with the exception of the applications for the city of Hiram. The Paulding Board of Commissioners next meeting will be September 10, 2024 at 2:00 p.m. Policy and Procedures state applicants and anyone speaking on behalf of the application will have fifteen (15) minutes to make their presentation and any opposition will also have fifteen minutes to present. The fifteen minutes are cumulative for each side. All comments are to be addressed tot the Chairman. Chairman Palmer announced an agreement has been made by both the applicant and opposing party for applications 2024-03-Z and 2024-02-SUP to allow 30 minutes cumulative time to present arguments.  everyone turn off or silence any mobile devices.  applicant.  Applicant must be in attendance for consideration.  Applications will be read together and voted upon separately.  ApprovalofMinutes Fitzgerald. Motion carried. (5-0-1).  James Steele made a motion to adopt the meeting minutes from July 23, 2024; seconded by Helene  FOR: Astin, Fitzgerald, Callahan, Steele and Leggett  AGAINST: None ABSTAIN: Palmer  2024-01-LUP: Application by CHRISTIAN CANEANDIONN to renew existing Land Use Permit to continue the operation of her residential Be Free Fitness business. Property is located: in Land Lots 783; District 19; Section 3; site address is 1884 Hwy 101 N; located north of the intersection of Mr. Robinson stated there has been no noted opposition. Staff did receive. an email in support oft the  Hwy 101 N andl Hogue Rd. POST2.  application. Staff recommends approval with one stipulation. Minutes: Paulding County Planning Commission  August 27, 2024 Page 1of7    Chairman Palmer announced for the public to please have patience as we go through the applications as we have al large assembly and overflow rooms for today's agenda. It may take the applicant and those Christian Corley-Anderson restated her intent to renew the land use permit and continue operating her  wishing to speak a moment to approach the lectern.  fitness business; she is agreeable to the recommended stipulation by staff.  uper/mputcommets mslioGpNCOmmeNe  There was no one to speak on behalf oft the application.  There was no one with comments, questions or concerns regarding the application. James Steele made a motion to. APPROVE application 2024-01-LUP with the listed stipulation:  1. Owner/Applicant agrees approval oft this LUP for the Residential Business to operate ai fitness business is not transferable to another owner.  Seconded by) Helene Fitzgerald. Motion carried. (5-0-1).  FOR: Astin, Fitzgerald, Callahan, Steele and Leggett  AGAINST: None ABSTAIN: Palmer  2024-02-LUP: Application by GARRY W.STAFFORD requesting al Land Use Permit for the operation ofa Rural Business to allow heavy trucks, tractors and equipment to remain on his property for business purposes. Property is located in Land Lot 448; District 18, Section 2; at the south east corner of Mustang Mr. Robinson stated staff has received a few calls with questions; recommendation ofDENIAL, however should the Board of Commissioners approve the application staff has five (5) recommended stipulations. Lisa Roberts, on behalf of Garry Stafford, explained Stafford Landscaping is a contractor for Greystone Power since 2017. Ms. Roberts stated she reviewed the information provided by staff and addressed concerns regarding the initial complaint filed which triggered the request for a Land Use Permit. Ms. Roberts called the Commission's attention to the photos supplied which show all the hard work they've Chairman Palmer asked ifMs. Roberts was agreeable to the recommendations by staff. She confirmed. There were questions regarding the number of employees and commercial trucks on site. Also, a brief discussion pertaining to how long the business has been in operation and whether or not Stafford James Steele asked Mr. Robinson should a vote of denial prevail; would the applicant have to rezone the property? Mr. Robinson stated with this type of business, Mr. Stafford would have to relocate to an  Path and Gresham Rd. POST3.  puti into clearing and cleaning up the property.  Landscaping was operating under the correct business license.  industrial zoning district. August 27,2024 Page 2of7  Minutes: Paulding County Planning Commission    No further questions from Planning Commission. There was no one to speak on behalf oft the application.  Supper/lipl/Comments mpalieppaCommats  There was one: individual with comments, questions or concerns regarding the application.  Stacy Bradshaw, a neighboring resident and the complainant, expressed although there has been improvement made to the property, it now looks like a parking lot. Ms. Bradshaw voiced her concerns with standing water, mud, property value and in the event of an emergency- the safety of fire and law There was a brief discussion over LDP (land disturbance permit), plan review and the type of business Helene Fitzgerald asked if the applicant would be willing to move the location of the business. Ms. Roberts stated it would be difficult for Mr. Stafford as he has some health issues he's dealing with. Chris Robinson mentioned staff has the business on file as residential home-based. The type of business discussed here is more industrial, which is the basis for staff's recommendation for denial.  enforcement due to the number ofcommercial vehicles lining the road frontage.  license issued.  James Steele made a motion to DENY application 2024-02-LUP; seconded by Roger Leggett. Motion  carries (5-0-1).  FOR: Astin, Fitzgerald, Callahan, Steele and Leggett  AGAINST: None ABSTAIN: Palmer  2024-30-Z: Application by LOUISE D. CLARK requesting to rezone 2.269 acres from R-2 (Suburban Residential District) & B-2 (Highway Business District) to R-2 (Suburban Residential District) to allow the property to be sold int the future as residential. Property is located in Land Lot: 573; District 2; Section 3; east side of Buchanan Hwy, north side of Wheeler Lake Path (2125 Buchanan Hwy). POST2. Mr. Robinson stated staffl had not received any opposition; recommends approval with no stipulations. Mr. Robinson provided history on this portion of the property as it was previously rezoned B-2 (Highway Louise Clark reiterated she would like the rezone the [portion] property back to its original zoning of James Steele asked Ms. Clark ifs she planned on selling the property. Ms. Clark stated her late husband had it rezoned, however, at the advice of! her bank, in order for her to potentially sell: in the future she  Business) for a cabinet shop.  residential.  would need the property zoned the same No further questions from Planning Commission. Minutes: Paulding County Planning Commission  August 27,2024 Page 3of7    Smper/mput/Comments Ompslieppcammsts  There was no one to speak on behalf oft the application.  There was no one with concerns or questions to the application.  Roger Leggett made a motion to APPROVE application 2024-30-Z; seconded by Ellis Astin. Motion  carries (5-0-1).  FOR: Astin, Fitzgerald, Callahan, Steele and Leggett  AGAINST: None ABSTAIN: Palmer  At 2:49 PM James Steele made a motion for a five (5) minute recess; seconded by Ellis Astin. Motion  carries (5-0-1).  FOR: Astin, Fitzgerald, Callahan, Steele and Leggett  AGAINST: None ABSTAIN: Palmer Session resumed at 2:54 PM.  2024-03-Z: Application by NW GEORGIA LAND HOLDINGSJIICIADAMI BAKERrequesting to rezone 201.146 acres from R-2 (Suburban Residential District) to I-2 (Heavy Industrial District) with subsequent Special Use Permit for the proposed construction of a mining quarry. Property is located in Land Lots: 301, 302, 303, 404, 405, 406, 407 & 411; District 1; Section 3; east side of Hwy 101 South at 2024-02-SUP: Application by NW GEORGIA LAND HOLDINGS, LLC IA ADAM BAKER requesting a Special Use Permit on 201.146 acres in the I-2 (Heavy Industrial District) for the proposed construction and operation of an open-pit mining quarry. Property is located in Land Lots: 301, 302, 303, 404, 405, 406, 407 & 411; District 1; Section 3; east side of Hwy 101 South at the Carroll County line. Mr. Robinson stated staff has received numerous calls, letters and visits in opposition of this application. Letters received by staffa are included in your packet material. Staff recommends DENIAL; however, should the Board of Commissioners vote to approve the application, staff has provided fourteen (14) Adam Baker, on behalf ofNW Georgia Land Holdings LLC, provided al PowerPoint presentation of data and logistics of the proposed mining-quarry complete with experts on-hand to assist with questions from the Planning Commission. Mr. Baker stated he and his team have worked diligently to provide site tours and meetings with citizens including Georgia State officials in hopes of alleviating any existing or rising Chairman Palmer asked Mr. Baker ifhe agreed with laffsrecommendations: Mr. Baker stated he was good with all but two of the conditions listed, and is looking to modify or trade a couple ifai favorable  the Carroll County line. POST2.  POST2.  stipulations for both the rezoning and special use permit applications.  concerns.  outcome is decided. August 27,2024 Page e4of7  Minutes: Paulding County Planning Commission    There was discussion between Planning Commission, Adam Baker and expert Geologist t- Ben Black regarding the types ofe equipment used for crushing and blasting, hours of operation, plans for mitigating fly-rock, buffer, creek & aquifer protection, and concerns as to the proximity oft the Colonial Pipeline and  whether correspondence or feedback has been initiated. There was no one to speak on behalfo of the application.  Super/mp/Comments mpaliempNCemmens  There were several to speak with conçerns or questions to the application.  Patrick Dodson, attorney representing adjacent property owners Borders and Purvis, provided a PowerPoint presentation outlining how the proposed use is not the best fit for the surrounding area, Mr. Dodson conveyed. some of the citizen's concerns with contamination or drying up of their well-water and quality of life, which has not been a cause of concern mentioned one time by the applicant. Mr. Dodson noted staff has recommended denial, other city and county officials (Carroll, Temple and Villa Rica) have asked to deny both requests; and, the approval oft this rezoning and special use permit request would be State Senator Tim Bearden voiced his support of commerce and industrial uses as long as they are in the right areas. Mr. Bearden shared similar concerns regarding environmental safety and residents' quality of Jim Tully, representing as one ofthe 3,400 petitioners against the rezoning, stating this type of business is undesirable, a disruption to the residential landscape and endangered species - being the citizens. James Steele asked how many others are there wishing to speak in opposition, as the time for public participation was dwindling down, and made a motion to extend time by fifteen (15) minutes; seconded  unlawful and an example of" "Spot zoning" only benefiting the property owner.  life.  byl RogerLeggett. Motion carries (5-0-1).  FOR: Astin, Fitzgerald, Callahan, Steele and Leggett  AGAINST: None ABSTAIN: Palmer  Lawrence Miller spoke to the violation of the 5th Amendment rights of citizens. Jessica Hodges voiced her concerns over the safety and health ofthe community.  Amanda Frey told how she purchased a farm, now turned into an animal rescue ranch and how the animals are sensitive to the vibrations from blasting. She also shared concerns regarding the dust and Ray Perren, county line resident, also explained he has worked in economic development for over 25 Nick Poulimas, moved here from New York and loves the beauty of the area. Mr. Poulimas asked the David Turner asked if the board knew where they are asking for this quarry to be built was actually sitting  contamination oft the ponds.  years and does not believe a rock quarry is a top 5 reason for economic development. board to use common sense, ifnothing else common decency and deny the request. on a racetrack, posing al huge blind spot and is extremely dangerous!  Minutes: Paulding County Planning Commission  August 27,2024 Page 5of7    Debbie Reece explained how she had a neighbor living next to a quarry and their home was hit with fly-  rock causing them to eventually sell. She doesn'ty want the: same thing tol happen here. Chairman Palmer announced the time has been exhausted for public participation.  Adam Baker returned to the lectern for rebuttal stating during the DRI (Development Regional Impact) process, not one comment was made by Carroll County suggesting opposition to this project. Mr. Baker Mr. Baker introduced KC Conway, an economic analysis expert, to present his data and address the Next, Mr. Baker introduced Mark Acampora to introduce his traffic data analysis and address any concerns or questions. Mr. Acampora went on to explain Hwy 101 S is a truck route, this project does meet the GDOT standards but recognizes they would need to comply with GDOT for access and As Roger Leggett began his line of questioning, Chairman Palmer suggested to allow the applicant and his experts to finish their presentation at which point Mr. Leggett could ask his follow up questions. Mr. Baker concluded his presentation by sharing a few positive comment-threads: and two individuals in support oft the quarry: Chris Guyton and Brandon Fincher. Both gentlemen shared their experiences living and/or working on a quarry and would rather see the quarry than to have more subdivisions developed. Finally, Mr. Baker concluded you have to go where the rock is, and considers this request the highest and Mr. Leggett summarized his own traffic data research to Mr. Acampora. There was a brief discussion between the two regarding site specific /I location traffic data research as it pertains to fatalities, possible increased traffic generation and whether it calls for an acceleration lane leaving the proposed quarry. Mr. Acampora ultimately ended by stating he could not guarantee zero fatalities, but the client would have to Chairman Palmer and Mr. Steele made comments and agreed the issue for this board is to consider  also stated he reached out tot the State Senate but received noi response.  concerns pertaining to fly-rock and air quality.  permitting.  best use for the property.  adhere to the road safety standards put forth by GDOT. whether the request is the best and highest use for the property. No further questions from the! Planning Commission.  Ellis Astin made a motion to DENY application 2024-03-Z; seconded by Sammy Callahan. Motion  carries (5-0-1).  FOR: Astin, Fitzgerald, Callahan, Steele and Leggett  AGAINST: None ABSTAIN: Palmer  Minutes: Paulding County Planning Commission  August 27,2024 Page 6of7    Ellis Astin made a motion to DENY application 2024-02-SUP; seconded by Sammy Callahan. Motion  carries (5-0-1).  FOR: Astin, Fitzgerald, Callahan, Steele and Leggett  AGAINST: None ABSTAIN: Palmer  There being no further business, a motion to adjourn was made by James Steele; seconded by Helene  Fitzgerald. Motion carries (5-0-1).  FOR: Astin, Fitzgerald, Callahan, Steele and Leggett  AGAINST: None ABSTAIN: Palmer The meeting adjourned at 5:401 PM.   Roger Leggett, Vice-Cyairman  Minutes: Paulding County Planning Commission  August 27,2024 Page7of7