Make A Deal

Let’s make a deal. I will trade anything you want for R-3 zoning and a few violations of Henry County ordinances. Chairman Harper once stated that such observations “unfortunately constitute a misrepresentation of my opinion as well as that of the board.”

On February 15, 2007 the board of commissioners voted unanimously to approve just such an R-3 zoning request near Hampton. The board of commissioners entered negotiations and levied seventeen conditions on zoning request RZ-06-56, which had been recommended for denial by the Henry Zoning Advisory Board. The ZAB heard opposing arguments based on density, area compatibility and lack of current sewer availability. Five neighbors opposed it; and only the developer spoke in favor of the proposal.

Among the conditions, the developer agreed to improve Amah Lee Road, donate right-of-way for the future realignment of Amah Lee Road, contribute an amount equivalent to the cost of grading and material and placement costs for 8" GAB, and 2" asphalt, donate 7.58 acres (near North Forty Park), and donate a fee of $2,000.00 per platted lot to Henry County for use toward the improvement of North Forty Park or toward additional transportation infrastructure improvement.

In some states imposing those conditions is called Contract Zoning and is illegal. But in Henry County it is legal for a commissioner to make a zoning approval contingent upon conditions: a quid pro quo.

The BoC resolution to approve the zoning stated, “No zoning conditions imposed herein shall be interpreted as to require any violation of any applicable codes.” But a quick read of county code Sec. 3-7-147 says the minimum lot area must be 12,000 feet. They approved lots of 7,500 square feet. R-3 developments must be limited to tracts of land consisting of twenty (20) acres or less. This property contains 41 acres. The Comprehensive 2030 Plan designates this property as Low Density with one-to-two houses per acre.

It should be clear by whose actions and words that misrepresentation has occurred. Facts are facts, and somebody’s gotta say it. Most folks think it is not too much to ask for officials to follow the county ordinances and land use planning. Some of us expect no less.