Present:
Roger McDaniel, Chairman
Gator Hodges, Vice-Chairman
Robert L. Henderson, Commissioner
J. Keith Douglas, Commissioner
Mike Patterson, Commissioner

Staff:
Alan E. White, County Administrator
Jessica Reynolds, County Clerk
J. Michael Brewer, Deputy County Administrator
Mike O’Quinn, County Attorney
Christina Lawson, Zoning Administrator

MINUTES
A called meeting of the Butts County Board of Commissioners was held on September 26th, 2011 at 6:00
PM. Chairman McDaniel called the meeting to order and Commissioner Henderson gave the invocation and
pledge of allegiance.

Mr. McDaniel opened up the meeting and asked Christy Lawson, Zoning Administrator to approach the
podium to begin the public hearings.

Case #09-2-2011 – Stanley & Keiko Humphries of Conyers, GA are requesting a Special Use for a
Telecommunication Tower. Said property is located on Keys Ferry Road, Jackson, GA in the Eighth
District, Land Lot 229. Mr. O’Quinn opened the pubic hearing for citizens to speak in favor or in opposition
to the request; there were no citizens who wished to speak, Mr. McDaniel closed the public hearing. After
no discussion, Mr. Hodges motioned to approve the request seconded by Mr. Douglas with a unanimous vote
recorded.

Case #09-3-2011 – Butts County Board of Commissioners is requesting an administrative rezoning from AR
– Agricultural Residential to R-2 – Single Family Residential Medium Density. Said property is located on
Fincherville Road, Blankenship Road and Jack Maddox Bridge Road in the Eighth District, Land Lot 232
& 233. The purpose of the administrative rezoning request is to correct the zoning map to reflect the proper
zoning of the subject property that was rezoned in 1995 for a proposed subdivision. Ms. Lawson informed
the board that the Planning and Zoning Board denied the request because it would be inconsistent with the
future land use plan and because the applicant has no intentions of developing the property anytime soon.
Mr. O’Quinn opened the public hearing portion for those who wish to speak in favor or opposed to the
request. He also provided copies at the podium of the rules and criteria that the Board of Commissioners
must use when making a decision on a zoning case and explained to the audience that the Board has to
follow this criteria or expose the county to liability. The applicant was not present to speak in favor of the
rezoning; no public comment in favor of. Chairman McDaniel commented that an illness in the family was
possibly the cause of the applicant’s absence.

Rod Oglesby, Robert Andrews, Ron Mitchell, Nelson Rogers and Parker Oglesby approached the podium
individually to speak in opposition to the rezoning and requesting that the Board not move forward with
the request due to the potential negative impacts the community would face, like traffic increase, lighting
increase, the noise increase, school tax increase, public safety concern and decrease of property value. Ms.
Lawson explained that since it was unknown exactly how many lots would be placed in the subdivision, any
number over 125 could cause the county to the lose their local government qualified status. The Chairman
waived the time limits for public comment and allowed all those speaking to say everything that they wished
to say. Mr. McDaniel then closed the public hearing.

Mr. Patterson made a motion to deny the request and for the property to revert back to AR prior to the 1995
zoning due to the potential negative impact to the county, its roads and infrastructure and to the community,
seconded by Mr. Henderson, then opened up for discussion. Mr. Hodges made a supplemental motion that
he would like to amend the original motion to provide that the zoning map be corrected to show that this
property is zoned R-20. As a part of the motion, it is to be noted that since the R-20 zoning classification
no longer exists, the owner shall not be issued any building permits for this property, nor shall the owner
of the property be allowed to subdivide the property until he applies to the Planning and Zoning Board for
approval to do so; the owner would then be required to submit a development plan and a preliminary plat that
would be reviewed and either approved, modified or denied by the Planning and Zoning Board based on the
provisions of the Zoning Ordinance that are in effect at the time the plan and plat are submitted, whenever
that may be; to provide for a public hearing and an opportunity for the public to be heard before any decision
is made on the proposed plans and plats and that final approval must be obtained from this Board before
development may commence; Mr. McDaniel seconded for discussion.

Mr. Patterson noted his concern that under the provisions of the amendment, should that process to rezone
the property ever occur, that it would be hard to stop it. After much discussion, the Chairman called for
a vote on Mr. Hodges’ amendment which passed with unanimous consent; he then called for a vote on
Mr. Patterson’s original motion, noting that if it did not pass, the amendment would also fail. The vote on
Mr. Patterson’s motion passed with unanimous consent. The Board informed the parties involved that the
Commissioners Office would provide them all with copies of the minutes to show the provisions voted upon.

Next Item, An Ordinance to amend the Butts County Zoning Ordinance with respect to accessory uses,
buildings and structures and measurement of distances.

The following changes are proposed to the Ordinance;
Text Amendment to amend Article 5 – Tables of Permitted Uses and Lot Standards by changing Section 100-
501 Table of Permitted Uses to read as follows:
Private garage or carport shall not exceed 1,000 square feet in size and may be located in the side setback.
Text Amendment to amend Article 7 – Accessory Uses of the Butts County Zoning Ordinance by changing
Section 100-701.A.1. to read as follows: Private garage or carport shall not exceed 1,000 square feet in size
and may be located in the side setback.
Text Amendment to amend Article 7 – Accessory Uses of the Butts County Zoning Ordinance by changing
Section 100-701.C.2. to read as follows: They may not be located closer than eight (8) feet to any property
line in A-R, R-1, R-2, R-3, R-4, R-5 or RM zoning districts.
Text Amendment to amend Article 7 – Accessory Uses of the Butts County Zoning Ordinance by changing
Section 100-701.C.4. to read as follows: Accessory buildings and structures not attached to the principle
building must be located at least twelve (12) feet from the principle building on the lot in the A-r, R-1, R2,
R-3, R-4, R-5 or RM zoning districts.
Text Amendment to amend Article 6 – General Provisions Section 100-601 of the Butts County Zoning
Ordinance by adding the following: Q. Measurement of Distances – Distances shall be measured by the
most direct route of travel in the public right-of-way, and shall begin at the main door of the premises of the
licenses thence to the closest public right-of-way, thence to the main door of the building otherwise affected.
There were discussion and questions from the board to Mrs. Lawson to clarify the footage and measurement
of distances and the definitions and what exactly the private garage or carports can be used for.
Mr. O’Quinn opened the floor for the public hearing, none spoke in favor, David Massey spoke in opposition
of the changes regarding the setbacks; Mr. Massey’s biggest concern was that you are not allowed to put
another setback within a current setback that’s already set in place but to maintain the minimum setback.
Mr. McDaniel then asked Mrs. Lawson if what Mr. Massey described was correct, Mrs. Lawson stated
that he was addressing the setback for the principle setback not the accessory, with no further discussion
the public hearing was closed. Mr. McDaniel asked for a motion, Mr. Henderson motioned to approved
seconded by Mr. Douglas with a 2-3 vote, with Mr. Hodges, McDaniel and Patterson opposing. Motion
failed.

With no further business Mr. McDaniel asked for motion to adjourn the meeting, Mr. Hodges motioned that
the meeting adjourn seconded by Mr. Patterson with a unanimous vote.