CATOOSA COUNTY BOARD OF COMMISSIONERS
ADMINISTRATION BUILDING, 800 LA FAYETTE ROAD
September 4, 2007, 9:00 a.m.
The regular meeting of the Board of Commissioners was held Tuesday, September 4, 2007 at 9:08 a.m. in the Catoosa County Administrative Building, 800 LaFayette Street, Ringgold, Georgia.
Commissioner Ken Marks gave the invocation, which was followed by the Pledge of Allegiance.
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;
and Dewayne Hill, Commissioner, District Four. The following commissioners were absent: James F. Emberson, Commissioner, District Three;
Additions: Appointment of Commissioner Marks to vote the County Water Mains for the Election of the Catoosa Utility District; Appointment of new Interim County Manager Mike Helton officially as the County Manager Representative to the RDC Board; Executive Session for Personnel and Legal. Remove: None. By unanimous consent the agenda was approved as amended.
MINUTES
Chairman Clark called for approval of the minutes of the Regular Meeting and Public Hearing of August 21, 2007. There were no corrections and the minutes were unanimously approved as presented.
FISCAL YEAR 2007-2008 BUDGET AMENDMENT RESOLUTION Carl Henson, Chief Financial Officer, presented a budget amendment resolution for the fiscal year 2007-2008. The resolution is as follows:
RESOLUTION # 07-010
WHEREAS, the county’s fiscal year begins October 1, 2007 and ends September 30, 2008, and
WHEREAS, state law requires that each county operate under a balanced budget adopted by ordinance or resolution, and
WHEREAS, the annual budget can be amended during the fiscal year to adapt to changing governmental needs, and
WHEREAS, the budget shall be adopted at the legal level of budgetary control which is the fund/department level. That is, expenditures may not exceed the total for any department within a fund without the board of commissioners’ approval. The Budget Officer, however, shall have the authority to transfer appropriations within a department within a fund from one line item (to another object classification within the same department) to other line items, except for salary line items. The county Board of Commissioners must approve any increases in any salary line item, and
WHEREAS, the county staff prepared a proposed balance budget stating the anticipated revenues by source and expenditures by department for the proposed fiscal year, the current fiscal year as well as the previous fiscal year, and
WHEREAS, the county Chief Financial Officer submitted the proposed budget to the Catoosa County Board of Commissioners on July 25, 2007, displayed a copy of the proposed budget in the Office of the Board of Commissioners, and displayed a copy on the bulletin board of the Catoosa County Administrative Building, and the Courthouse Annex for public review, and provided the Catoosa County News with a copy of the proposed budget, and
WHEREAS, county staff notified the public, through a newspaper advertisement that the proposed budget is available for review in the Office of the Board of Commissioners of Catoosa County, and the time and day of the budget public hearing, and
WHEREAS, the Board of County Commissioners conducted public hearings on August 7, 2007 at 9:00 a.m. and August 21, 2007 at 6:00 p.m. to discuss the proposed budget, and
WHEREAS, county staff notified the public, through a newspaper advertisement, of the adoption of the budget resolution, and
WHEREAS, the Board of Commissioners adopted the budget resolution on August 21, 2007 as follows:
General Fund Revenues and Expenditures - $23,104,133
Special Revenue Funds Revenues and Expenditures - $1,503,599
Enterprise Funds Revenues and Expenditures - $832,215
Capital Project Funds Revenues and Expenditures - $8,600,000*
Total Annual Budget - $34,039,947
WHEREAS, Catoosa County did receive Insurance Premium Tax, per O.C.G.A. §33-8-8.3, the proceeds from this tax shall be separated and shall be used solely to fund one or more of the services as may be provided by the county governing authority for the primary benefit of the inhabitants of the unincorporated area of the county, primarily county fire protection and road maintenance and improvements, and
WHEREAS, Catoosa County did receive Insurance Premium Tax in the amount of $2,035,945 and did budget that same amount in the 2007 – 2008 General Fund Revenue Budget on a separate line as Insurance Premium Tax (Page 2 – Sales and Other Taxes), and
WHEREAS, Catoosa County Governing Authority did allocate in the 2007 - 2008 General Fund Expenditure Budget, for the primary benefit of the inhabitants of the unincorporated area of the county, $1,774,182 of the Insurance Premium Tax to fund the operation and maintenance of Catoosa County Fire and Rescue and Contract Fire Services (Pages 64 & 65) with the remaining budgeted amount of $261,763 to fund road maintenance and improvements by Catoosa County Roads & Bridges (Page 72) with any additional or excess, which may be derived as the result of recovery for fire services from one or more of municipal governing authorities, used to fund additional road maintenance and improvements.
THEREFORE, BE IT RESOLVED, that the Catoosa County Board of Commissioners hereby amends the fiscal year 2007-08 budget as provided herein.
So resolved this fourth day of September 2007.
*For information only.
Chairman Clark called for all those in favor of approving the Budget Amendment Resolution for fiscal year 2007 – 2008 do so by saying aye. There was no opposition and the resolution was approved by unanimous consent.
LIABILITY AND PROPERTY INSURANCE RENEWAL – PLAN YEAR 2008 Carl Henson, Chief Financial Officer, informed the Board the Property and Liability Insurance comes up for renewal on September 19, 2007. Mr. Henson stated he has worked with the agent on getting proposals for the coverage and has met with St. Paul several weeks prior. Mr. Henson stated St. Paul’s is offering a decrease from 5-9% and will be the fourth year in a row that St. Paul’s has given the County a reduction in the premium. Mr. Henson stated the County did go out to two other Companies: Governmental Insurance Services and Southeastern Underwriters Services and requested proposals. Mr. Henson said the Companies informed him they could not meet the current rates of St. Paul’s. Mr. Henson stated based on the relationship with St. Paul’s and the proposed reduction in premium he recommends the Board authorize the renewal with St. Paul’s as soon as the figures are summed up. Chairman Clark called for all those in favor of approving the Insurance Contract based on Mr. Henson getting the final figures do so by saying aye. There was no opposition and the motion was approved by unanimous consent.
COUNTY MANAGER REPORT
Chairman Clark stated he would like to welcome the new Interim County Manager Mike Helton. Mr. Helton said he appreciates the opportunity to serve the County in this role and looks forward to working with each member of the Board.
OLD BUSINESS
None
APPOINT SAFETY COORDINATOR AND SUBSTANCE ABUSE OFFICER Chairman Clark stated he would like to appoint Jane Frye as the Safety Coordinator and Substance Abuse Officer for the County.
911 PHASE II UPGRADE
PROPOSED RESOLUTION TO INCREASE WIRELESS 911 FEE Sheriff Phil Summers discussed the 911 Phase II upgrade with the Board. Sheriff Summers stated the phase II upgrade will provide 911 with the ability to track cellular telephone calls in the event of an emergency. Sheriff Summers said the upgrade is mandated under Legislation that the County must upgrade to Phase II. Sheriff Summers said he did confirm that all equipment is current and the upgrade can take place at a very minor cost. Sheriff Summers stated it will cost approximately $5,000 a year, he said the center is in the process of implementing the Phase II upgrade. Sheriff Summers stated as part of the process the County currently receives $1.00 per cell phone and by upgrading to Phase II it allows the Board to hold a public hearing and increase the fee to $1.50 per cell phone. Sheriff Summers said this will generate revenue wise approximately $100,000 to $120,000 per year. Sheriff Summers said this revenue could reduce the amount the County supplements to run the 911 Center. Chairman Clark called for all those in favor of holding the public hearing for the proposed resolution to increase the wireless 911 fees do so by saying aye. There was no opposition and the motion was approved by unanimous consent.
ZONING ORDINANCE AMENDMENT – YARD SALES AND SWIMMING POOLS County Attorney Chad Young presented the proposed zoning ordinance amendment pertaining to yard sales and swimming pools. Mr. Young said the amendment simply relocates the regulation about swimming pools, the current regulation states that if you are within a number of feet of another residence you must have your pool fenced and specifies the requirements. Mr. Young said that section was put on the end of the sign ordinance and did not belong so he has cleaned that up and moved it. Mr. Young stated the second part of the amendment pertains to the regulation of yard sales and the Planning Commission was concerned with the perpetual yard sales that are ongoing. Mr. Young said the proposed regulation will allow yard sales once a quarter and may continue for a 72-hour period. Mr. Young said it would prohibit flea markets. There were several questions and discussions concerning the proposed ordinance. Commissioner Winters stated he would like to study the Ordinance further before he votes. Chairman Clark called for all those in favor of tabling the proposed zoning ordinance amendment do so by saying aye. There was no opposition and the motion passed by unanimous consent.
ZONING ORDINANCE AMENDMENT – CELL TOWERS County Attorney Chad Young presented the proposed zoning ordinance amendment pertaining to cell towers and similar structures. Mr. Young stated the Planning Commission would like that cell towers are one of those uses that are required to get a special use permit. Mr. Young said that would require it to meet all the requirements of cell towers and special use permits and would have to come before the Board of Commissioners for approval. Chairman Clark called for all those in favor of the zoning ordinance amendment do so by saying aye. There was no opposition and the motion passed by unanimous consent. The amendment is as follows:
AN ORDINANCE TO AMEND THE CATOOSA COUNTY ZONING ORDINANCE; TO PROVIDE FOR AN EFFECTIVE DATE OF THE AMENDMENT; TO REPEAL CONFLICTING ORDINANCES
Ordinance # 07-005
The Catoosa County Board of Commissioners (the “Board of Commissioners”) has previously adopted an ordinance known as the Catoosa County Zoning Ordinance (the “Zoning Ordinance”). The Zoning Ordinance contains regulations governing the permitted uses of real property lying within Catoosa County, divides property uses into zoning classifications, provides that certain fees may be charged in connection with the Zoning Ordinance and provides for other items.
Section 9.3 of the Zoning Ordinance contains regulations and requirements governing the permitting, installation and maintenance of communications towers and antennae. Said regulations and requirements include, but are not limited to, setback requirements, location restrictions and requirements and distance regulations and requirements.
Based upon the recommendations provided by the Catoosa County Planning Commission, after receiving public input and comment as required by law, the Board of Commissioners finds that it is necessary to amend the existing provisions of the Zoning Ordinance to require a special use permit to be obtained, in addition to other existing criteria under the Zoning Ordinance, prior to the installation, use and maintenance of communications towers and antennae. The Board of Commissioners finds that the regulations promulgated by this Amendment both protect and further the health, safety and welfare of the citizens of Catoosa County, including but not limited to the rights of owners of property adjoining the sites of these facilities and the rights of residents in the vicinity of said facilities.
The Board of Commissioners desires, by this Ordinance, to amend and revise the regulations of the Zoning Ordinance to carry out the purposes set forth herein and further desires to repeal all other ordinances of Catoosa County which conflict with this Ordinance.
BE IT ORDAINED AND RESOLVED AS FOLLOWS:
1. Addition of Section 9.3.2: There shall be added to the existing Section 9.3. of the Zoning Ordinance a new Section 9.3.2 which shall read as follows:
“9.3.2 Conditions for tower placement. In addition to meeting all other requirements of this Section 9.3, any tower or structure governed by this Section shall also be required to obtain a Special Use Permit as required by Section 6.5.2 of this Ordinance and shall meet all requirements necessary to obtain a Special Use Permit under the provisions of this Ordinance.”
2. Re-numbering of Remaining Sections: The remaining Sections of Section 9.3 of the Zoning Ordinance which follow the Section 9.3.2 added hereby shall be re-numbered consecutively beginning with Section number 9.3.3.
2. Repeal of Conflicting Ordinances: Except as specifically amended herein, all current provisions of the Zoning Ordinance, which are not affected by this Amendment, shall remain in full force and effect. Any and all ordinances which conflict in any way with the provisions of this Amendment are hereby expressly repealed.
3. Effective Date: This Amendment shall be effective from the date of its adoption and
shall remain in full force and effect until such time as it is repealed by the Catoosa
County Board of Commissioners.
ZONING ORDINANCE AMENDMENT – A-1 DISTRICT County Attorney Chad Young presented the proposed zoning ordinance amendment pertaining to the regulations of an A-1 agricultural zoning district. Mr.Young stated the main change in the amendment, currently the lot size in an A-1 district is 1 acre, and the planning commission has recommended that the lot size be raised to 3 acres. Chairman Clark called for all those in favor of approving the amendment do so by saying aye. There was no opposition and the motion passed by unanimous consent. The Amendment is as follows:
AN ORDINANCE TO AMEND THE CATOOSA COUNTY ZONING ORDINANCE; TO PROVIDE FOR AN EFFECTIVE DATE OF THE AMENDMENT; TO REPEAL CONFLICTING ORDINANCES
Ordinance # 07-006
The Catoosa County Board of Commissioners (the “Board of Commissioners”) has previously adopted an ordinance known as the Catoosa County Zoning Ordinance (the “Zoning Ordinance”). The Zoning Ordinance contains regulations governing the permitted uses of real property lying within Catoosa County, divides property uses into zoning classifications, provides that certain fees may be charged in connection with the Zoning Ordinance and provides for other items.
Section 7.1 of the Zoning Ordinance contains regulations and requirements governing the activities and uses permitted in an A-1 Agricultural Zoning District and regulating the activities and uses permitted in said Zoning District. Said regulations and requirements include, but are not limited to, the establishment of minimum lot sizes, setback requirements, location restrictions and area, height and yard requirements.
Based upon the recommendations provided by the Catoosa County Planning Commission, after receiving public input and comment as required by law, the Board of Commissioners finds that it is necessary to amend the existing provisions of the Zoning Ordinance to require increase the minimum lot size permitted in an A-1 District, to combine certain area, height and yard requirements in the existing Zoning Ordinance and to define certain uses which require a Special Use Permit. The Board of Commissioners finds that the regulations promulgated by this Amendment both protect and further the health, safety and welfare of the citizens of Catoosa County, including but not limited to the rights of owners of adjoining property.
The Board of Commissioners desires, by this Ordinance, to amend and revise the regulations of the Zoning Ordinance to carry out the purposes set forth herein and further desires to repeal all other ordinances of Catoosa County which conflict with this Ordinance.
BE IT ORDAINED AND RESOLVED AS FOLLOWS:
1. Amendment to Section 7.1.2: The existing Section 7.1.2 of the Zoning Ordinance entitled “Area, Yard, and Height Requirements.” shall be deleted in its entirety and the following shall be inserted in its place and stead:
“7.1.2 Area, Yard and Height Requirements. The following Area, Yard and Height requirements shall be applicable in an A-1 District:
(a) Minimum Lot Size: No lot in an A-1 District shall be created which contains less than a minimum of 3 acres of area and no property in an A-1 District shall be split, reduced or otherwise subdivided to create a tract or tracts or a lot or lots which contain less than a minimum of 3 acres of area;
(b) Minimum Lot Width at Street: The minimum lot width of property in an A-1 District at the street right of way shall be 50 feet if the property abuts a cul-de-sac and shall be 100 feet if the property abuts a street right of way at a location other than a cul-de-sac;
(c) Minimum Lot Width at Building Line: The minimum lot width of property in an A-1 District shall be 150 feet at the Building Line of the property.
(d) Front Yard Setback: The front yard building setback of property in an A-1 District, as measured from the street right of way line, shall be 40 feet.
(e) Side Yard Setback: Except as otherwise provided herein, the side yard building setback of property in an A-1 District shall be 10 feet. However, if the side yard of the property abuts a road or street, the minimum side building setback line shall be 30 feet from the right of way of the road or street. In the event the side yard abuts a “minor street” (as that term is used in this Ordinance and the Catoosa County Land Subdivision Ordinance), the Planning Commission may, upon application, grant a variance to reduce the minimum side building setback established hereunder, but in no event shall said setback be reduced to less than 25 feet as measured from the right of way of said street.
(f) Rear Yard Setback: The rear yard building setback of property in an A-1 District shall be 25 feet.
(g) Maximum Building and Structure Height: Except as otherwise provided herein, the maximum building and structure height for buildings and structures in an A-1 District shall be 50 feet. The maximum building height established hereby shall not be applicable to the following buildings and/or structures: (i) buildings or structures essential to agricultural operations such as silos, granaries, windmills and barns; (ii) unoccupied and inaccessible (except for maintenance purposes) architectural features on non-residential buildings such as church spires, belfries, cupolas and domes; (iii) monuments; (iv) government owned observation towers; (v) water towers; (vi) chimneys; (vii) flag poles; and (viii) aerials. Nothing contained in this Section shall alter or otherwise reduce any specific height requirements which are imposed by this Ordinance or other County Ordinances upon signs or structures containing signs.
2. Deletion of Existing Sections 7.1.3 and 7.1.4; Re-numbering of Remaining Sections: The existing Sections 7.1.3 and 7.1.4 of the Zoning Ordinance are deleted in their entirety. The remaining Sections of Section 7.1 of the Zoning Ordinance which follow the Section 7.1.2 added hereby shall be re-numbered consecutively beginning with Section number 7.1.3.
3. Addition of Section 7.1.6 Concerning Special Use Permits: There is hereby added a new Section 7.1.6 which shall provide as follows:
“7.1.6 Special Uses in A-1 District: The following uses are permitted in an A-1 District. However, in addition to meeting all other requirements of Section 7.1 of this Ordinance, including the additional requirements enumerated in this Section, the following uses shall also be required to obtain a Special Use Permit as required by Section 6.5.2 of this Ordinance and shall meet all requirements necessary to obtain a Special Use Permit under the provisions of this Ordinance. The uses subject to this Section are as follows:
(a) Sawmills: In addition to meeting the requirements to obtain a Special Use Permit under this Ordinance, any sawmill must be located a minimum distance of 500 feet from the property line of any adjoining property and must be located a minimum of 1,000 feet from the closest point of any dwelling as measured from the location of said sawmill.
(b) Firing Ranges: In addition to meeting the requirements to obtain a Special Use Permit under this Ordinance, any outdoor or indoor firing range or area where firing activity takes place must be located a minimum distance of 200 feet from the property boundaries of the property upon which said firing range is located or upon which said firing activity takes place.
(c) Airports: In addition to meeting the requirements to obtain a Special Use Permit under this Ordinance, any airport shall be located on a minimum of 200 acres of land and shall be located a minimum distance of 2,000 feet from any residential dwelling.
(d) Sailports and Ultra-Light Landing Strips: In addition to meeting the requirements to obtain a Special Use Permit under this Ordinance, any sailport or ultra-light landing strip shall be located on a minimum of 50 acres of land and shall be located a minimum distance of 1,000 feet from any residential dwelling.”
4. Repeal of Conflicting Ordinances: Except as specifically amended herein, all current provisions of the Zoning Ordinance which are not affected by this Amendment, shall remain in full force and effect. Any and all ordinances which conflict in any way with the provisions of this Amendment are hereby expressly repealed.
5. Effective Date: This Amendment shall be effective from the date of its adoption and
shall remain in full force and effect until such time as it is repealed by the Catoosa
County Board of Commissioners.
ZONING ORDINANCE AMENDMENT – SPECIAL USE PERMIT County Attorney Chad Young presented the proposed zoning ordinance amendment pertaining to the special use permit language. Mr.Young stated the ordinance had to be amended to add the uses voted on in the previous amendment. Chairman Clark called for all those in favor of approving the amendment do so by saying aye. There was no opposition and the motion was approved by unanimous consent. The Amendment is as follows:
AN ORDINANCE TO AMEND THE CATOOSA COUNTY ZONING ORDINANCE; TO PROVIDE FOR AN EFFECTIVE DATE OF THE AMENDMENT; TO REPEAL CONFLICTING ORDINANCES
Ordinance # 07-007
The Catoosa County Board of Commissioners (the “Board of Commissioners”) has previously adopted an ordinance known as the Catoosa County Zoning Ordinance (the “Zoning Ordinance”). The Zoning Ordinance contains regulations governing the permitted uses of real property lying within Catoosa County, divides property uses into zoning classifications, provides that certain fees may be charged in connection with the Zoning Ordinance and provides for other items.
Section 6.5 of the Zoning Ordinance contains regulations and requirements governing Special Use Permits and Section 6.5.2 sets forth certain land uses and other criteria for which a Special Use Permit is required.
Based upon the recommendations provided by the Catoosa County Planning Commission, after receiving public input and comment as required by law, the Board of Commissioners finds that it is necessary to amend the existing provisions of the Zoning Ordinance to clarify and add certain specific land uses which require a Special Use Permit under the Zoning Ordinance. The Board of Commissioners finds that the regulations promulgated by this Amendment both protect and further the health, safety and welfare of the citizens of Catoosa County.
The Board of Commissioners desires, by this Ordinance, to amend and revise the regulations of the Zoning Ordinance to carry out the purposes set forth herein and further desires to repeal all other ordinances of Catoosa County which conflict with this Ordinance.
BE IT ORDAINED AND RESOLVED AS FOLLOWS:
1. Amendments to § 6.5.2: The first sentence of Section 6.5.2 of Article VI of the Zoning Ordinance is hereby deleted in its entirety and the following is inserted in its place and stead:
“The owner of property upon which an incinerator of garbage or trash, health clinic, adult entertainment establishment depicting live nudity, biomedical waste treatment or disposal facility, recycling plant, animal kennel, glue factory, use of coal boiler or burner for commercial or industrial purposes, automobile or motorcycle racetracks, automobile or motorcycle practice track, airport, heliport, sailport or ultra-light landing strip, asphalt plant, concrete plant, cement plant, sawmill, indoor or outdoor firing range, animal racing tacks, including but not limited to horse or dog racing tracks, rodeos, horse shows or equine activities conducted for commercial purposes and for which the property is primarily used or dedicated, any communications tower or other tower which is described in Section 9.3 of this Ordinance, and any commercial use that may emit injurious or annoying noises, vibrations, smoke, dust, fumes, gas or odors is to be located must obtain a special use permit before such uses are made of the property…”
2. Repeal of Conflicting Ordinances: Except as specifically amended herein, all current provisions of the Zoning Ordinance, including the remaining provisions of § 6.5.2 which are not affected by this Amendment, shall remain in full force and effect. Any and all ordinances which conflict in any way with the provisions of this Amendment are hereby expressly repealed.
3. Effective Date: This Amendment shall be effective from the date of its adoption and
shall remain in full force and effect until such time as it is repealed by the Catoosa
County Board of Commissioners.
LAND SUBDIVISION ORDINANCE AMENDMENT – CONSERVATION USE SUBDIVISION County Attorney Chad Young presented the proposed the land subdivision ordinance amendment which would create a new section and regulations for conservation use subdivision. Chairman Clark called for all those in favor of approving the amendment do so by saying aye. There was no opposition and the motion passed by unanimous consent. The Amendment is as follows:
AN ORDINANCE TO AMEND THE CATOOSA LAND SUBDIVISION ORDINANCE; TO PROVIDE FOR AN EFFECTIVE DATE OF THE AMENDMENT; TO REPEAL CONFLICTING ORDINANCES
Ordinance # 07-008
The Catoosa County Board of Commissioners (the “Board of Commissioners”) has previously adopted an ordinance known as the Catoosa County Land Subdivision Ordinance (the “Land Subdivision Ordinance”). The Land Subdivision Ordinance contains regulations governing the construction, development and regulation of land subdivisions lying within Catoosa County and provides for other items.
Based upon the recommendations provided by the Catoosa County Planning Commission, after receiving public input and comment as required by law, the Board of Commissioners finds that it is necessary to amend the existing provisions of the Land Subdivision Ordinance to add a new Article XV to create, regulate and otherwise provide for a type of Subdivision to be known as a Conservation Subdivision. The Board of Commissioners finds that the regulations promulgated by this Amendment both protect and further the health, safety and welfare of the citizens of Catoosa County and the environment of Catoosa County.
The Board of Commissioners desires, by this Ordinance, to amend and revise the regulations of the Land Subdivision Ordinance to carry out the purposes set forth herein and further desires to repeal all other ordinances of Catoosa County which conflict with this Ordinance.
BE IT ORDAINED AND RESOLVED AS FOLLOWS:
1. Creation of New Article XV: There is hereby created a new Article XV of the Land Subdivision Ordinance to be entitled “CONSERVATION SUBDIVISIONS” which shall provide as follows:
15.1 Purpose. It is the purpose and intent of Catoosa County in enacting these regulations to provide for increased greenspace in Catoosa County, and to preserve open land in perpetuity for future generations, while not increasing the overall development levels of the County, improve the value of adjacent property, and generally serve to enhance the public health, safety and welfare of the citizens of Catoosa County.
15.2 Procedure. A conservation subdivision allows increased residential density in conjunction with the fee simple grant of undeveloped and undisturbed greenspace to the County or to such land trust as the County may designate. The applicant seeking to develop a conservation subdivision must meet with the Zoning Administrator and provide a survey of the entire tract, prior to placement of lots and roads. The County and the applicant shall then agree upon the tract to be donated. Where possible, the tract to be donated should connect with other greenspace tracts or trails. A minimum off one-half of the total acreage of the parcel must be donated to qualify for a conservation subdivision. Alternative greenspace arrangements are also available as provided herein.
15.3 Applicable Districts. A conservation subdivision shall be permissible in the following zoning districts: R-1, R-2, R-3, R-4, RTZ, A-1, PUD
15.4 Development Regulations. The following development standards shall apply to all conservation subdivisions:
(A) If sewer is available, minimum lot size is reduced by 50% from the existing minimum residential lot size under the zoning classification. If sewer is not to be used for waste disposal, the minimum lot size shall be 50% of the existing minimum lot size for non-sewered property, or the minimum lot size required by the health department, whichever is greater. Despite the foregoing, no lot for a single family detached dwelling in a conservation subdivision shall contain less than 7,500 square feet.
(B) The overall density of lots shall not exceed that number which would be permissible under the normal development standards. The gross density of the overall subdivision shall not be increased above that which is permitted under normal development standards.
(C) In applicable districts, front setbacks are reduced to 15 feet, and rear setbacks are reduced to 20 feet. The minimum width at the building line is reduced to 75 feet.
(D) The applicant shall adhere to all other applicable requirements of the underlying Zoning, Land Subdivision, Storm Water and other applicable Ordinances of Catoosa County.
15.5 Greenspace Areas. Greenspace shall include, but not be limited to, wetlands, river buffer zones, woodlands, wildlife corridors, pastures, meadows, and similar natural property. Greenspace areas shall be contiguous to the parcel on which the subdivision is located. Greenspace shall be contiguous to other greenspace parcels, county parks, Corps of Engineer property, national parks, national forests and similar preserved land where possible. Greenspace land shall be undisturbed and undeveloped. Greenspace must be accessible by a county or state road, or by easement. Hunting and the use of motorized recreational vehicles shall not be permitted in greenspace areas and any deed of conveyance of greenspace to the County or land trust shall contain a deed restriction to that effect.
15.6 Standards. Approved of a conservation subdivision shall be granted or denied by the Catoosa County Planning Commission. The Planning Commission shall consider the following factors:
(A) Whether the applicant has designated and offered to dedicate appropriate amounts and locations of greenspace.
(B) Whether the conservation subdivision would be detrimental to the uses surrounding the property on which the subdivision is located.
(C) Whether the terrain or location of the property is not suitable for a conservation subdivision, or is not desirable as greenspace.
(D) Whether the area remaining after dedication of the greenspace is suitable for development at the proposed density.
15.7 Approval and Post-Approval Procedure. Upon approval of the conservation subdivision by the Planning Commission, the applicant shall cause a survey and legal description to be prepared of the greenspace. Greenspace shall be clearly identified on all preliminary plans and all development plans. Greenspace shall be dedicated to the County (or to such Land Trust as the County may designate) prior to approval of the final plat, by fee simple deed, to be preserved in perpetuity as greenspace. If an appeal is initiated, the applicant may withhold dedication until the appeal is completed.
15.8 Appeal. Appeal of the Planning Commission’s decision to approve or deny a conservation subdivision can be taken by the applicant or any aggrieved citizen by filing a notice of appeal. The notice of appeal shall be written and shall be filed with the Zoning Administrator within thirty days of the decision of the Planning Commission. The Zoning Administrator shall forward the appeal directly to the Board of Commissioners. The Board of Commissioners shall hear the appeal within forty-five (45) days of the date it is forwarded to them from the Zoning Administrator.
15.9 Alternative Greenspace. In a conservation subdivision, the applicant may propose alternatives for the standard greenspace requirement. The applicant may propose purchasing an equivalent amount of greenspace adjacent and contiguous to existing County greenspace elsewhere in the County; the applicant may propose donating an equivalent amount of greenspace to an approved land trust; or the applicant may propose submitting funds to purchase an equivalent amount of greenspace, to be paid into the County greenspace bank for future purchase of greenspace, at the County’s discretion. The dollar amount to be contributed and the fair market value of the proposed equivalent greenspace shall be based on appraisals approved by the Planning Commission and shall be considered at pre-development values. Payment or contribution of land shall occur prior to approval of the final plat. Any arrangement under this sub-section must also be approved by the Board of Commissioners. Alternative greenspace arrangements require the voluntary cooperation of the applicant. Otherwise, the standard greenspace requirements established by this Section shall apply.
2. Repeal of Conflicting Ordinances: Except as specifically amended herein, all current provisions of the Land Subdivision Ordinance shall remain in full force and effect. Any and all ordinances which conflict in any way with the provisions of this Amendment are hereby expressly repealed.
3. Effective Date: This Amendment shall be effective from the date of its adoption and
shall remain in full force and effect until such time as it is repealed by the Catoosa
County Board of Commissioners.
LAND SUBDIVISION ORDINANCE AMENDMENT – “FAMILY TRANSFER” EXEMPTION County Attorney Young presented the proposed amendment to the Land Subdivision Ordinance pertaining to the “family transfer” exemption. Mr. Young stated the current way the Ordinance reads pertaining to the “family transfer” exemption is being abused. Chairman Clark called for all those in favor of approving the amendment do so by saying aye. There was no opposition and the motion was approved by unanimous consent. The Amendment is as follows:
AN ORDINANCE TO AMEND THE CATOOSA LAND SUBDIVISION ORDINANCE; TO PROVIDE FOR AN EFFECTIVE DATE OF THE AMENDMENT; TO REPEAL CONFLICTING ORDINANCES
Ordinance # 07-009
The Catoosa County Board of Commissioners (the “Board of Commissioners”) has previously adopted an ordinance known as the Catoosa County Land Subdivision Ordinance (the “Land Subdivision Ordinance”). The Land Subdivision Ordinance contains regulations governing the construction, development and regulation of land subdivisions lying within Catoosa County and provides for other items.
Based upon the recommendations provided by the Catoosa County Planning Commission, after receiving public input and comment as required by law, the Board of Commissioners finds that it is necessary to amend the existing provisions of the Land Subdivision Ordinance to revise the definition of a “Subdivision” within said Ordinance and, particularly, to delete and exclude certain transactions which are currently exempted from the definition of a Subidivision. The Board of Commissioners finds that the regulations promulgated by this Amendment both protect and further the health, safety and welfare of the citizens of Catoosa County.
The Board of Commissioners desires, by this Ordinance, to amend and revise the regulations of the Land Subdivision Ordinance to carry out the purposes set forth herein and further desires to repeal all other ordinances of Catoosa County which conflict with this Ordinance.
BE IT ORDAINED AND RESOLVED AS FOLLOWS:
1. Amendments to § 2.1(10): Section 2.1(10) of the Land Subdivision Ordinance is amended as follows:
(a) By deleting Section 2.1(10)d and Section 2.1(10)f in their entirety; and
(b) By consecutively lettering the remaining sub-sections under Section 2.1(10) from letters a. through d.
2. Repeal of Conflicting Ordinances: Except as specifically amended herein, all current provisions of the Land Subdivision Ordinance shall remain in full force and effect. Any and all ordinances which conflict in any way with the provisions of this Amendment are hereby expressly repealed.
3. Effective Date: This Amendment shall be effective from the date of its adoption and
shall remain in full force and effect until such time as it is repealed by the Catoosa
County Board of Commissioners.
APPOINTMENT OF COMMISSIONER KEN MARKS TO VOTE ON CATOOSA COUNTY BEHALF FOR THE CATOOSA UTILITY DISTRICT Chairman Clark stated the Catoosa Utility District is preparing to have an election to their Board. Due to the County having water meters the County has a vote and needs to appoint someone to vote on the County’s behalf. Chairman Clark said he would like to appoint Commissioner Ken Marks to vote on behalf of the County for the Catoosa Utility Districts Election. Chairman Clark called for all those in favor of appointing Commissioner Ken Marks to vote on behalf of the County for the Utility District’s election do so by saying aye. There was no opposition and the motion was approved by unanimous consent.
APPOINTMENT OF INTERIM COUNTY MANAGER MIKE HELTON TO THE RDC BOARD Chairman Clark said the County Manager is normally one of three representatives on the RDC Board to represent the County. Mr. Clark said due to the prior County Manager’s resignation the Interim County Manager Mike Helton needs to be appointed to serve on the RDC Board. Chairman Clark called for all those in favor of appointing Mike Helton to serve on the RDC Board do so by saying aye. There was no opposition and the motion passed by unanimous consent.
EXECUTIVE SESSION Chairman Clark said the Board would go into executive session for the purpose of personnel and legal. The vote was taken by roll call and the Board unanimously voted to go into executive session for personnel maters and legal matters at 9:43 a.m. The Board voted unanimously to come out of executive session at 10:41 a.m.
PERSONNEL MATTERS
County Attorney Skip Patty stated that at the August 21, 2007 meeting the Board of Commissioners appointed Mike Helton as Interim County Manager however no salary was set. Attorney Patty said salary needs to be set for Mr. Helton to serve as Interim County Manager. Chairman Clark made a motion that the Board set Mike Helton salary for the position as Interim County Manager at $70,000 per year. Chairman Clark called for all those in favor of approving the motion do so by saying aye. There was no opposition and the motion was passed by unanimous consent.
ADJOURNMENT There was no further business, and the Board unanimously agreed to adjourn the meeting at 10:43 a.m.