CATOOSA COUNTY BOARD OF COMMISSIONERS
ADMINISTRATION BUILDING, 800 LA FAYETTE ROAD
MAY 8 2007, 9:00 a.m.
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF CATOOSA COUNTY GEORGIA Chairman Clark called the public hearing to order and asked Attorney Skip Patty to present the proposed amendment. Mr. Patty presented the proposed amendment to the Zoning Ordinance. Mr. Patty stated the ordinance is to abolish the seven member planning commission; to revoke the appointments to the seven member planning commission; to declare a temporary moratorium on the filing of new zoning and subdivision applications for a period of 30 days; to provide for a temporary stay of all pending zoning and subdivision applications; to repeal conflicting ordinances; and for other purposes. Chairman Clark opened the floor for any comments on the proposed change to the Zoning Ordinance.
Phyllis Williams, resident. Said that she has discussed the Boards with the Commissioners and staff of the County for over 15 years. She has always thought there was a lack of communication between all the Boards and the Board of Commissioners. The only way she has seen that the Commissioners know what is going on is when one of the Board’s representatives tells them what has happened; either the zoning man tells what happened, and its been approved by the Zoning Board and 9 times out of 10 because they approve it the Board of Commissioners approves it. Ms.Williams stated that due to that there is now a building problem because of the lack of communication. She hopes that if anything happens on the boards the Commissioners would put some knowledgeable people without conflict of interest and without favoritism on the Boards. She feels the Commissioners are headed in the right direction by starting over.
Cherise Miller, resident. Said she feels that on all the Boards there is a big conflict of interest especially in the whole County. Ms. Miller stated as far as the moratorium on building goes 30 days is a start, but she feels we need more than that because the County needs to catch up with the finances and the water situation and the sewer situation.
There were no further comments from citizens.
There were no commissioner comments.
ADJOURNMENT Chairman Clark declared the public hearing closed at 9:15 a.m.
The called meeting of the Board of Commissioners was held Tuesday, May 8, 2007 at 9:00 a.m. in the Catoosa County Administrative Building, 800 LaFayette Street, Ringgold, Georgia.
Chairman Clark called the meeting to order. The following commissioners were present: William H. H. Clark, Chairman; Ken Marks, Commissioner District One; Robert Winters, Commissioner, District Two; James F. Emberson, Commissioner, District Three; Dewayne Hill, Commissioner, District Four.
Chairman Clark moved that the Board of Commissioners adopt the proposed change to the Zoning Ordinance that was read by Mr. Patty and distributed to the Board. Commissioner Winters second the motion. Chairman Clark opened for discussion. Attorney Patty presented the proposed Ordinance to amend the Zoning Ordinance.
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF CATOOSA COUNTY, GEORGIA
ORDINANCE # 07-003
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF CATOOSA COUNTY, GEORGIA; TO ABOLISH THE SEVEN MEMBER PLANNING COMMISSION; TO REVOKE THE APPOINTMENTS TO THE SEVEN MEMBER PLANNING COMMISSION; TO DECLARE A TEMPORARY MORITORIUM ON THE FILING OF NEW ZONING AND SUBDIVISION APPLICATIONS FOR A PERIOD OF 30 DAYS; TO PROVIDE FOR A TEMPORARY STAY OF ALL PENDING ZONING AND SUBDIVISION APPLICATIONS; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
On January 3 1995, the Board of Commissioners of Catoosa County, Georgia adopted the Catoosa County Zoning Ordinance. Under Article XII of the Zoning Ordinance adopted on January 3, 1995, the Planning Commission was established. The Planning Commission established under the Ordinance adopted January 3, 1995 is a seven member board. The members to the seven member Planning Commission, after the initial terms, serve three year terms. The Planning Commission is created by the governing authority of the County and no higher authority provides for its existence, terms or duties. The Board of Commissioners as the creator of the Planning Commission has authority to abolish the Planning Commission. The Board of Commissioners has elected to abolish the seven member Planning Commission and to consider replacing the seven member Planning Commission with a five member Planning Commission after a public hearing is held as required under O.C.G.A. § 36-66-4. While the notice of the public hearing required under the aforesaid Code Section is being published, the Board of Commissioners desires to impose a temporary moratorium on new zoning and subdivision applications. The Board of Commissioners further desires to stay pending applications that have not been heard by the Planning Commission.
BE IT THEREFORE ORDAINED AS FOLLOWS:
Section 12.1, Section 12.1.2, Section 12.1.3, Section 12.1.4 and Section 12.1.5 of the Catoosa County Zoning Ordinance adopted on January 3, 1995 are hereby repealed in their entirety.
BE IT FURTHER ORDAINED that the seven member Planning Commission is abolished.
BE IT FURTHER ORDAINED that the appointments made by the Board of Commissioners to the seven member Planning Commission comprising Posts Nos. 1, 2, 3, 4, 5, 6, and 7 are hereby repealed and revoked. The seven posts to the seven member Planning Commission are hereby abolished. No person appointed to any post of the seven member Planning Commission shall have any authority to act in any official capacity from and after the date of the adoption of this Ordinance.
BE IT FURTHER ORDAINED that a temporary moratorium on the filing of all zoning and subdivision applications is hereby imposed until the earlier of 30 days or until a Planning Commission is appointed after a public hearing is held as required under O.C.G.A. § 36-66-4.
BE IT FURTHER ORDAINED that a temporary stay is imposed on all pending zoning and subdivision hearings which have not been acted upon by the seven member Planning Commission for the earlier of a period of 30 days or until a Planning Commission is appointed after a public hearing is held as required under O.C.G.A. § 36-66-4.
BE IT FURTHER ORDAINED that a notice be published advertising a public hearing to establish a Planning Commission of five members or such other number of members of the Planning Commission as the Board of Commissioners deems appropriate; to provide for the establishment of the qualifications of the members of the Planning Commission; to provide for the posts and terms of the members of the Planning Commission and to assign posts to the members appointed; to provide for the appointment of the members of Planning Commission; to provide for the appointment of a Chairman of the Planning Commission; to provide for the term of the Chairman of the Planning Commission; to provide for a quorum for the Planning Commission to transact business; to provide for the hearing of recommendations to the Board of Commissioners; and to generally provide for the administration of Zoning and Subdivision Ordinances.
SO RESOLVED AND ORDAINED, this 8th day of May, 2007.
The vote was taken by roll call and the adoption to the Zoning Ordinance was approved by 3-2; Clark, Winters, and Hill voted to approve; Marks and Emberson voted to deny.
There was no further business, and upon motion by Commissioner Winters, seconded by Commissioner Marks, the Board adjourned the meeting at 9:25 a.m.