---
date: 1998-10-12
title: October 12, 1998 Minutes
source: 1998-10/1998-10-12_October 12, 1998_Minutes.pdf
pages: 1
---

October 12, 1998

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA
MINUTES – OCTOBER 12, 1998

SANTA MARIE DEVELOPMENT OF KENNESAW, GEORGIA request rezoning from R-2 (single-family)
unincorporated Henry County to PD (R2/R3) planned development City of Stockbridge for property located
in Land Lot 5 of the 12th District on the east side of Flippen Road. The property contains 37.5 acres and the
request is for annexation into the City of Stockbridge for an adult (55 years or older) residential development.

On October 8, 1998, The Planning Board approved the annexation. The Board denied the request for
rezoning for a planned development because the plans did not meet the criteria for the Land Use Land.

Cal McShan, Director, Henry County Community Development explained the rezoning request to the Council.
A. J. Welch, City Attorney stated that the density for this project is 3.6 units per acre, net of roads.

Cal McShan said the original plan submitted is for 4.3 units per acre. The Planning Board went to look at the
property. The property east of and adjacent to this property is Summerhill Subdivision, which is currently,
zoned RM-Cluster, which has over four (4) units per acre. Directly below this tract of land is the property of
Southland Trust, which was recently rezoned to multi-family with a golf course. The other densities that
surround this property, the request is consistent. Mr. McShan reported that in February, the Planning
Commission looked at a plan to develop 155 single-family detached homes on the old RM zoning on this
property which was turned-down by the Planning Commission.

Subsequently, the Planning Commission has received this request for a development for homeowners fifty-
five (55) years and older. This type of development is different. There is no school impact as on a regular
single-family development nor are you dealing with transportation factors. The people who live in this
development are usually retired and use their vehicle at different times of the day than people commuting to
work.

Mayor Kelley acknowledged that he thought this is a good development but he is concerned about having
more than 3.6 units per acre. If the City allows this project to run over the limit, the next development will
want the same consideration. A. J. Welch, City Attorney, advised that the previous zonings were granted
under an existing zoning statute that authorized that density. Now, since the RM single-family detached has
been repealed, there is no long a section under the code that grants that type of zoning. The Planned
Development (PUD) is the highest density available.

Mr. Welch explained that the City has the authority, for example, wetlands or flood plain areas that can be
set aside for certain purposes that could be amended or give a variance concerning the density. That is not
the case in this particular development. Of course, the Department of Community Development does have
the authority to grant administrative variances in order to work out lot sizes where lots do not actually fit.
There is not a higher density-zoning ordinance in effect today, which is the problem. A higher density would
require amending the zoning ordinance.

Mr. McShan remembered recommending deleting the RM attached homes in the RM Section because it
created problems when people saw an RM sign for single-family, they thought it was a multi-family zone or
a section 8 zoning. In the planned development projects that are similar to those in Peachtree City, the
Zoning Ordinance does not allow the smaller lots. One of the reasons for the smaller lots is to discourage
the family unit by landscaping the entire lot. This is real successful because it does not encourage the family
with children.

Tom Lasanta presented a plan of the subdivision pointing out that houses would have brick accents. This
project will be a very nice clean community. Most of the homeowners are in there sixties and seventies and
they want low maintenance homes.

A. J. Welch stated that the PUD requirements say you cannot go over 3.6 units per acre, the Council has to
stay within that number until another ordinance is adopted to change the density requirements. Cal McShan
has the right to grant administrative variances if lots don’t fit exactly right in the overall site plan.

Cal McShan suggested the Council might consider reviewing the engineering on the right-of-ways and the
street widths in terms of not having the wide curbs to shorten the layout. In this type of development, large
turn around and radiuses would not be required. The Board of Commissions likes this concept and is using
it on a project in the county. Mr. McShan offered to look at this project from a design standpoint and bring
the project back to the City to look at the overall design before approval.

A. J. Welch pointed out that item number three shows the minimum house size to be 1,2000 square feet
with at least fifty percent of the housing being no smaller than 1,300 square feet. Mr. McShan answered
that R-3 is 1,050 and R-2 is 1,300. Mr. LaSanta explained his plan for development. Starting with 1,200
square feet homes, and as the subdivision is developed, the homes, depending on the time and market,
tend to increase in size and price. Mr. Welch said that Mr. McShan was probably right and they meet the
required square footage and he wanted to make sure the Council understands the proposed square
footage.
Since there are so many conditions to this subdivision, Mr. Welch recommends a Development Agreement
to be signed and made a part of the Zoning Ordinance. By having a Development Agreement, any changes,
in the development of this subdivision, would have to be brought before the Council for approval.

Ronnie Simmons made a motion to table decision until Cal McShan has a chance to work out problems on
this development, seconded by G. W. Evans, passed unanimously.

EXECUTIVE SESSION

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORIGA OCTOBER 12, 1998

EXECUTIVE SESSION

A.J.Welch, City Attorney, brought Council up-to-date on the purchase of Mozell Mitchell’s property. The
plats had to be redrawn. Mrs. Mitchell’s attorney was being difficult and a letter was sent stating the City
was not interested in buying her land under the conditions he set. Council instructed Mr. Welch to set a
meeting with Mr. Mitchell and family.

Discussed litigation with EPA over discharging sewerage into Cotton Indian Creek. Tribble and Richardson
are preparing reports to file with EPA.

REGULAR MEETING

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA OCTOBER 12, 1998

The Regular Meeting of the Stockbridge City Council was held October 12, 1998 at 6:00 P.M. and Mayor
Kelley presided. Members present were Harold Cochran, G. W. Evans, W. A. Gardner, Ronnie Simmons
and Fletcher Turner.

Harold Cochran made a motion to convene, seconded by Fletcher Turner, passed unanimously.
Mayor Kelley welcomed guests, especially Boy Scout Troop 115 attending the Stockbridge City Council
Meeting to earn merit badges in “Citizenship in the Community”. Scoutmaster W.RobertRobinson

PLANNING AND ZONING

BARJOHN EAGLE, LLC OF ATLANTA, GEORGIA request rezoning from C-2 (general commercial)
unincorporated Henry County to C-2 (general commercial) City of Stockbridge for property located in Land
Lot 20 of the 6th District, located at the southwest corner of Country Club Drive and Eagle’s Landing Parkway,
(Eckerds’s). The property contains 1.5 acres and the request is for annexation into the City of Stockbridge.
The Henry County Zoning Board approved the request on October 8, 1998.

Ronnie Simmons made a motion to rezone this property from C-2 (general commercial) unincorporated Henry
County to C-2 (general commercial) City of Stockbridge, seconded by G.W.Evans, passed unanimously.

Ronnie Simmons made a motion to annex this property into the City of Stockbridge, seconded by W. A.
Gardner, passed unanimously.

SANTA MARIE DEVELOPMENT OF KENNESAW, GEORGIA request rezoning from R-2 (single-family)
unincorporated Henry County to PD (R2/R3) planned development City of Stockbridge for property located
in Land Lot 5 of the 12th District on the east side of Flippen Road. The property contains 37.5 acres and the
request is for annexation into the City of Stockbridge for an adult (55 years or older) residential development.

On October 8, 1998, The Planning Board approved the annexation. The Board denied the request for
rezoning for a planned development because the plans did not meet the criteria for the Land Use Land.

Cal McShan, Director, Henry County Community Development explained the rezoning request to the Council.
A. J. Welch, City Attorney stated that the density for this project is 3.6 units per acre, net of roads.

Cal McShan said the original plan submitted is for 4.3 units per acre. The Planning Board went to look at the
property. The property east of and adjacent to this property is Summerhill Subdivision which is currently
zoned RM-Cluster which has over four (4) units per acre. Directly below this tract of land is the property of
Southland Trust, which was recently rezoned to multi-family with a golf course. The other densities that
surround this property, the request is consistent. Mr. McShan reported that in February, the Planning
Commission looked at a plan to develop 155 single-family detached homes on the old RM zoning on this
property which was turned-down by the Planning Commission.
Subsequently, the Planning Commission has received this request for a development for homeowners fifty-
five (55) years and older. This type of development is different. There is no school impact as on a regular
single family development nor are you dealing with transportation factors. The people who live in this
development are usually retired and use their vehicle at different times of the day than people commuting to
work.

Mayor Kelley acknowledged that he thought this is a good development but he is concerned about having
more than 3.6 units per acre. If the City allows this project to run over the limit, the next development will
want the same consideration. A. J. Welch, City Attorney, advised that the previous zonings were granted
under an existing zoning statute that authorized that density. Now, since the RM single-family detached has
been repealed, there is no long a section under the code that grants that type of zoning. The Planned
Development (PUD) is the highest density available.

Mr. Welch explained that the City has the authority, for example, wet lands or flood plain areas that can be
set aside for certain purposes that could be amended or give a variance concerning the density. That is not
the case in this particular development. Of course, the Department of Community Development does have
the authority to grant administrative variances in order to work out lot sizes where lots do not actually fit.
There is not a higher density-zoning ordinance in effect today, which is the problem. A higher density would
require amending the zoning ordinance.

Mr. McShan remembered recommending to delete the RM attached homes in the RM Section because it
created problems when people saw an RM sign for single-family, they thought it was a multi-family zone or
a section 8 zoning. In the planned development projects that are similar to those in Peachtree City, the
Zoning Ordinance does not allow the smaller lots. One of the reasons for the smaller lots is to discourage
the family unit by landscaping the entire lot. This is real successful because it does not encourage the family
with children.

Tom Lasanta presented a plan of the subdivision pointing out that houses will have brick accents. This
project will be a very nice clean community. Most of the homeowners are in there sixties and seventies and
they want low maintenance homes.

A. J. Welch stated that the PUD requirements say you cannot go over 3.6 units per acre, the Council has to
stay within that number until another ordinance is adopted to change the density requirements. Cal McShan
has the right to grant administrative variances if lots don’t fit exactly right in the overall site plan.
Cal McShan suggested the Council may consider reviewing the engineering on the right-of-ways and the
street widths in terms of not having the wide curbs to shorten the layout. In this type of development, large
turn arounds and radiuses would not be required. The Board of Commissions likes this concept and is using
it on a project in the county. Mr. McShan offered to look at this project from a design standpoint and bring
the project back to the City to look at the overall design before approval.

A. J. Welch pointed out that item number three shows the minimum house size to be 1,2000 square feet
with at least fifty percent of the housing being no smaller than 1,300 square feet. Mr. McShan answered
that R-3 is 1,050 and R-2 is 1,300. Mr. LaSanta explained his plan for development. Starting with 1,200
square feet homes, and as the subdivision is developed, the homes, depending on the time and market,
tend to increase in size and price. Mr. Welch said that Mr. McShan was probably right and they meet the
required square footage and he wanted to make sure the Council understands the proposed square
footage.

Since there are so many conditions to this subdivision, Mr. Welch recommends a Development Agreement
to be signed and made a part of the Zoning Ordinance. By having a Development Agreement, any changes,
in the development of this subdivision, would have to be brought before the Council for approval.

Ronnie Simmons made a motion to table decision until Cal McShan has a chance to work out problems on
this development, seconded by G. W. Evans, passed unanimously.

ANNEXATION – JAMES E. HART OF CHATTANOOGA, TENNESSEE request rezoning from RA
(residential-agricultural) unincorporated Henry County to RA (residential agricultural) City of Stockbridge for
property located in Land Lot 57 of the 12th District on the east side of Interstate 675. The property contains
9.3 acres.

Motion was made by Ronnie Simmons to approve request for rezoning, seconded by W.A.Gardner, passed
unanimously.

Motion was made by W. A. Gardner to approve request for annexation, seconded by RonnieSimmons,
passed unanimously.

BETTY C. MANGUM OF STOCKBRIDGE, GEORGIA request rezoning from R-3 (single-family residential)
to C-2 (general commercial) for property located in Land Lot 61 of the 12th District on the east side of East
Atlanta Road. The property contains 1.5 acres and the request is for a fitness center. Presently the Henry
County Health Department is using the property. A C-2 zoning is in compliance with the Land Use Plan. The
Henry County Community Development approved on October 8, 1998 with the following conditions:
1. The facades of all proposed buildings shall be residential in appearance and consist of brick,
stone, stucco, wood siding, glass or any combination thereof. Community Development and the
City of Stockbridge prior to the issuance of a building permit shall approve the exterior
appearance of all proposed buildings.

2. The installation of signage along East Atlanta Road shall be ground mounted not pole
mounted, decorated with brick, stucco or stone or any combination thereof and not to exceed
eight (8) feet in height.

3. A lighting plan shall be submitted to Community Development as part of the preliminary plan
review process. The lighting scheme shall not impose excessive lighting on surrounding
properties. Said plan should be designed to require that all lighting be “downlit” and of a
moderate brightness and height.

4. Sidewalks shall be required along the entire frontage of East Atlanta Road, five feet in width.

Motion was made by Fletcher Turner to approve rezoning subject to the conditions recommended by
Community Development, seconded by Ronnie Simmons, passed unanimously.

AMEND DEVELOPMENT AGREEMENT WITH WALT STEPHENS ASSOCIATES, LLC. Winn-Dixie
Supermarket at the intersection of Walt Stephens and Speer Roads is ready to begin their new store.
Under the Development Agreement, only one entrance was approved on Walt Stephens Road. They are
requesting an additional entrance on Speer Road. G. W. Evans made a motion to approve a Resolution
authorizing the Mayor and Clerk sign an amendment to the Development Agreement with Walt Stephens
Associated, LLC concerning the Winn-Dixie site, authorizing two entrances subject to Henry County
Community Development and Henry County Building Department signing-off on the plans, seconded by W.
A. Gardner, passed unanimously.

Cal McShan gave Council an update on the Winn-Dixie development. He has asked the Henry County DOT
to begin their traffic study for signals at the intersection of Walt Stephens and Speer Roads. The study should
be completed within thirty (30) days. Winn-Dixie and BP Oil Company will contribute $10,000 each toward
the cost of the traffic light.

KEITH NATION, PASTOR, VICTORY WORSHIP CENTER, McDONOUGH, GEORGIA is requesting his
church be allowed to hold Church services at 4221 North Henry Boulevard, in a commercial zoning. Decision
was tabled at the September 14, 1998 meeting. Mayor Kelley pointed out that it would be very unusual to
have a commercial business and a Church operating from the same building. In the past, churches have
been allowed to operate in a commercial zone on a temporary basis and it was used by the Church only, not
shared with a commercial business.
Terry Sanders, owner of the building, advised Council that the area that will be used for the Church is totally
separate from the sign shop and is an unused area at this time. The request is for a temporary space until
they can build a new Church. They will share restroom facilities.

Mr. Nation explained that his Church plans to have a permanent location within six to twelve months. The
parking facility is sufficient for their needs and they understand they cannot park outside the fence along
right-of-way on State Route 42.

Ronnie Simmons made a motion to approve subject to no overflow parking on State Rout 42 and Mr. Nation
must appear before Council within 180 days from the date he requests the certificate of occupancy for status
review, seconded by Fletcher Turner, passed unanimously.

Cal McShan advised Council that the CO have been given based on the building complying with all building
codes and life safety requirements.

CHARTER COMMUNICATIONS. A. J. Welch advised Council that they have a copy of a letter in their folders
to bring them up-to-date on Charter Communications. The Georgia Municipal Association has been
conducting an on going negotiations with Charter communications concerning the final and formalized
agreement to amend the existing agreement and Ordinance that the City has with Charter. GMA has been
coordinating this matter, not only for the city but also for numerous other cities that are served by Charter.
GMA is trying to get a uniform agreement throughout the state. The final agreement should be forthcoming
at the November meeting.

EDDIE WALKER AND BILLY JONES are requesting a change of location within Area 3 for their liquor store.
Mr. Walker noted that from additional studies they think they have a better location. They own this location.
On the original location, they had a contract on a piece of property and in the meantime, the contract ran out
prior to the Council granting the liquor licenses and he was unable to get an extension of time from the owner
of the property. The new location will be at the north west corner of Eagle’s Landing Parkway and State
Route 42 in Zone 3.

A. J. Welch noted that under the Alcohol Ordinance, 9.04,025 Paragraph D authorizes the Mayor and council
to approve the change provided the new location meets all the requirements. The Clerk has advised that the
new location meets all the requirements as to location, distances from all the prohibitive areas, such as
Churches, schools, etc.
Harold Cochran made a motion to approve new location, seconded by G. W. Evans, passed unanimously.

1999 PROPOSED BUDGET. A copy of the proposed budget was distributed to the Council for study and
comment. A final draft of the Proposed budget will be presented to the council at the November 9, 1998
Council Meeting for discussion and revisions. The Proposed Budget will be adopted for fiscal year beginning
January 1, 1999 at the December 14, 1998 Council Meeting. The proposed budget total $4,909,175 as of
right now.

TATTOO PARLORS AND ARTISTS ORDINANCE. A. J. Welch presented a new ordinance concerning
tattoo parlors, establishments, studios, artists and the operation of the facility. There is a fee that is collected
on an annual basis of $350.00 and the city will have to contract with the Henry County Health Department to
do the inspections of the facilities as set forth on Page 4, Paragraph C of the ordinance.

Harold Cochran made a motion to approve, seconded by W. A. Gardner, passed unanimously.

SOLID WASTE COLLECTION AND DISPOSAL ORDINANCE. A. J. Welch advised that Mayor Kelley has
asked that he review the existing Solid Waste Collection Ordinance and he has prepared a revised Ordinance
to bring it up-to-date. Some of the highlights of the ordinance to be covered were to make sure every resident
in the City understands that they are required to take the service from the he City. Under special
circumstances, industrial customers are required to contract with private carriers who are approved and
licensed with the city. Either the city or a licensed hauler of refuse is required.

If a person fails to pay their service collection fee, the City has several options.

1. Discontinue their sanitation, water and sewer services. It is not required but these services
can be discontinued if necessary.

2. You can place a fifa upon a person’s property if they refuse to pay the utility bill, and before
they can sell their property they will have to pay the City the accessed fees for garbage pick-
up.

3. The City now has the authority to collect the fees through court and if the City decides to
proceed through Court to collect the garbage fees, the property owner or person who received
the service will not only have to pay the fee but also the penalties, attorney fees, court costs
and other expenses related to collection of the money.
It also puts substantial penalty on anyone who violates this Ordinance by dumping garbage, refuse, asphalt,
concrete, dead animals, etc. in an unauthorized area. Anything that falls under the specified definitions is
prohibited.

Lots that have not been maintained properly, where owners have let weeds grow, the City will be able to
clean the lot and assess cost to the owner.

If a person disagrees with the charges on their bill, they have appeal rights with the Clerk within ten (10) day
of receiving the bill.

The violation code is set at a minimum of $50 not exceeding $1,000 for each offense, and/or sixty (60) days
in jail.

This Ordinance was designed to keep the city clean and health conditions at a high standard.

Mr. Welch explained that to use inert materials such as asphalt or concrete mixed with dirt to fill-in a lot, they
would need a permit through Henry County and Environmental Protection Division. If anyone plans to use
inert materials, they have to file a plan and meet compacting requirements, drainage, retention, etc. They
cannot bring in inert materials, mixed with dirt; it has to be something that is naturally in the soil. It will not
affect a homeowner who needs to bring in dirt to fill-in an area of their lot.

Harold Cochran made a motion to adopt Ordinance, seconded by Ronnie Simmons, passed unanimously.

HOUSE BILL 489 UPDATE. Ted Strickland reported that he recently attended the ACCG and GMA joint
conference and the Growth Strategies Act dealing with House Bill 489. Cities must have completed
agreements with Counties by July 1, 1999. If not completed by September 1, 1999, Cities and Counties will
be fined. He has discussed with A. J. Welch about working on the agreements with Henry County for water,
sewer, fire, police, etc. Mr. Welch has a meeting set with Jim Risher to discuss agreements.

EXECUTIVE SESSION
Harold Cochran made a motion to go into Executive Session, seconded by G. W. Evans, passed
unanimously.

W. A. Gardner made a motion reconvene, seconded by Ronnie Simmons, passed unanimously.

W. A. Gardner made a motion to adjourn, seconded by Ronnie Simmons, passed unanimously. Meeting
adjourned at 8:15 P. M.

Respectfully submitted,

Merle Manders, CMC R. G. Kelley
City Clerk Mayor
