---
date: 2022-07-28
title: Planning Commission Meeting Agenda Packet
source: 2022-07/2022-07-28_Planning Commission Meeting_Agenda Packet.pdf
pages: 1
---

STOCKBRIDGE Planning Commission
PLANNING COMMISSION Meeting
BOARD MEMBERS
Agenda
Askia Abdullah, Chair
Kathleen Nelson, Vice-Chair
July 28, 2022 6:30 PM
Stanley Dumas
Harold Thibodeaux
David Planchon
Rodney Hornes

ADMINISTRATION
Brecca Carter
Community Development Director

Ryan Anderson
Chief Planner

STOCKBRIDGE CITY HALL
Linda Logan,
4640 NORTH HENRY BLVD.
Senior Planner, Secretary
STOCKBRIDGE, GA 30281

Gordon Linton, Planner I Website: www.cityofstockbridge.com

Phone: 770-389-7900
Quinton Washington, City Attorney
Fax: 770-389-7912
AGENDA
PLANNING COMMISSION MEETING
CITY OF STOCKBRIDGE
THURSDAY, JULY 28, 2022 6:30 PM

I. CALL TO ORDER
II. INVOCATION
III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. ADOPTION OF THE AGENDA
VI. APPROVAL OF MINUTES
June 23, 2022 Summary Minutes

PUBLIC HEARING

Item # 1 - ANNEXATION CASE #AX-2022-01 -- The City of Stockbridge Planning
Commission and the City of Stockbridge Mayor and City Council will hear an
Annexation Request by S3 Capital Investments, LLC, the Applicant, represented
by Battle Law, P.C., the Agent, to annex a parcel, as described below, into the
Stockbridge City limits from unincorporated Henry County in order to allow
the parcel to be combined with an adjacent parcel for an age-restricted
residential development.
Parcel #071-01034012 – Subject property is in unincorporated Henry County,
with frontage on Highway 42 North, across from Summit View Drive. Currently
zoned ‘MU’ (Mixed-Use), with a land use designation of ‘MIX’ (Mixed-
Use). Contains 20.00 +/- acres. Located in Land Lot 31 of District 7.

NOTE: The applicant for this case (AX-2022-01) has submitted a letter to request
the deferral of the public hearing until the August 25, 2022 Planning Commission
meeting.

Presented by: Ryan Anderson
Page | 3

Item # 2 - COMPREHENSIVE PLAN AMENDMENT CASE #CP-2022-02 -- The City
of Stockbridge Planning Commission and the City of Stockbridge Mayor and City
Council will hear a Comprehensive Plan Amendment Request by S3 Capital
Investments, LLC, the Applicant, represented by Battle Law, P.C., the Agent, to
change the future land use designations of certain parcels, as are described
below, from ‘Light Industrial’ and ‘Mixed-Use’ to ‘High-Density Residential’ in
order to allow for an age-restricted residential development.
Parcel #071-01034014—Located within the Stockbridge City Limits, with frontage
on Highway 42 North and situated at the end of Technology Parkway. Applicant
proposes to change the current land use designation from ‘Light Industrial’ to
‘High-Density Residential’. Contains 22.01 +/- acres. Located in Land Lot 31 of
District 7.
Parcel #071-01034012 – Subject property is in unincorporated Henry County,
with frontage on Highway 42 North, across from Summit View Drive. Applicant
proposes to change the current County land use designation of ‘Mixed-Use’ to
the City land use designation of ‘High-Density Residential’ after the parcel is
annexed into the Stockbridge City Limits. Contains 20.00 +/- acres. Located in
Land Lot 31 of District 7.
NOTE: This case (CP-2022-02) has been postponed by Staff until the August 25,
2022 Planning Commission meeting.
Presented by: Ryan Anderson

Item # 3 - REZONING CASE #RZ-2022-02 -- The City of Stockbridge Planning
Commission and the City of Stockbridge Mayor and City Council will hear a
Rezoning Request by S3 Capital Investments, LLC, the Applicant, represented by
Battle Law, P.C., the Agent, to rezone certain property from ‘OI’ (Office-
Institutional) and ‘LI’ (Light Industrial) in the Stockbridge City Limits and ‘MU’
(Mixed-Use) in unincorporated Henry County to ‘PUD’ (Planned Unit
Development) to allow for an age-restricted residential development. The
property contains two parcels, as are listed below, with 42.01 +/- total acres.
Parcel #071-01034014—Located within the Stockbridge City Limits, with frontage
on Highway 42 North and situated at the end of Technology Parkway. Currently
zoned OI’ (Office-Institutional) and ‘LI’ (Light Industrial)’. Property also lies
within the Parkway Mixed-Use Overlay District. Contains 22.01 +/-
acres. Located in Land Lot 31 of District 7.
Parcel #071-01034012 – Subject property is in unincorporated Henry County,
with frontage on Highway 42 North, across from Summit View Drive. Currently
zoned ‘MU’ (Mixed-Use). Contains 20.00 +/- acres. Located in Land Lot 31 of
District 7.
NOTE: This case (RZ-2022-02) has been postponed by Staff until the August 25,
2022 Planning Commission meeting.
Presented by: Ryan Anderson

July 28, 2022 6:30 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900
Page | 4

PROJECT UPDATES

STAFF COMMENTS

BOARD COMMENTS

ADJOURNMENT

July 28, 2022 6:30 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900
City of Stockbridge
Mission: To provide visionary leadership and superior municipal services that enhance
the quality of life for citizens while creating a welcoming business atmosphere focused
on sustainability and expansion of tourism and cultural events.

SUMMARY MINUTES
PLANNING COMMISSION
THURSDAY, June 23, 2022 at 6:30 p.m., via Zoom

BOARD MEMBERS (6): ADMINISTRATION:
Askia Abdullah, Chairman Brecca Carter, Community Dev. Director
Kathleen Nelson, Vice Chairman Quinton Washington, City Attorney
Stanley Dumas Vanessa Holiday, City Clerk
Harold Thibodeaux Ryan Anderson, Chief Planner
David Planchon Linda Logan, Senior Planner / PC Sect’y
Rodney Hornes Gordon Linton, Planner I

I. CALL TO ORDER – Made by Vice Chairman,
Kathleen Nelson at 6:35 p.m.

II. INVOCATION – Led by Stanley Dumas.

III. PLEDGE OF ALLEGIANCE – Done in unison.
Present Absent
IV. ROLL CALL (6 members):
~ Askia Abdullah X
~ Kathleen Nelson
~ Stanley Dumas

~ Harold Thibodeaux X

~ David Planchon X

~ Rodney Hornes X
A quorum of board members was present.

V. ADOPTION OF THE AGENDA
Chairman Abdullah made a motion to adopt the Agenda, with an amendment to remove
the Public Hearing for Conditional Use Permit Case #CU-2022-01. Rodney Hornes
seconded the motion. A vote was taken, and the amended Agenda was adopted
unanimously.

VI. APPROVAL OF MINUTES – May 26, 2022 Summary Minutes.
A motion to approve the Minutes was made by David Planchon and seconded by
Chairman Abdullah. A vote was taken, and the Minutes were adopted unanimously.

VII. PUBLIC HEARING
To be presented by the Community Development Staff.

CONDITIONAL USE PERMIT CASE #CU-2022-01 -- MRM & Sons, Inc., the
Applicant, represented by Hecht Walker Jordan, P.C., the Agent, requests that a
Conditional Use Permit be granted to allow for automobile gasoline sales on Parcel
#071-01025021 within the Stockbridge City Limits. The property fronts on the east
side of Campground Road and represents Tract 2 of the adjacent parent tract at 108
Peach Drive (Parcel # 071-01025002). Zoned ‘PUD’ with a ‘C-2’ subzoning. Contains
0.84 +/- acres. Located in Land Lot 64 of District 7.
Due to the decision above to amend the Agenda, this case was not heard.

IX. PROJECT UPDATES
To be presented by the Community Development Staff. No action is required.
Ms. Carter gave the Project Updates, as follows:
A. Winding Creek—Construction on one phase of townhomes has been completed,
and construction on another phase of townhomes has begun.
B. Bridges at Jodeco—This project is under construction.
C. Downtown Stockbridge—Several developers have recently expressed an interest
in developing projects within Downtown Stockbridge.
D. City’s Annexation Proposal—The next public meeting is scheduled to take place
virtually on Thursday, August 21st at 6:30 p.m.
E. Highway 138 West Beautification—The City is working with property owners along
this corridor.
Chairman Abdullah asked about the Bridges at Jodeco development project. He
commented that Jodeco Road needs to have a mixture of businesses, not just many
gas stations. Further, the City should not have an oversaturation of any type of business
in an area. Ms. Carter said that Staff takes this into consideration, but that applicants
have the right to apply.

City of Stockbridge, GA Planning Commission Summary Minutes for June 23, 2022 2
X. STAFF COMMENTS
To be presented by the Community Development Staff. No action is required.
No comments were made.

XI. BOARD COMMENTS
Stanley Dumas wondered whether anyone had heard from Harold Thibodeaux, since
he was not present at the meeting. Ms. Logan said that this was his second absence
this year, and that a maximum of three absences per year are allowed, per the adopted
Bylaws. No one had heard from Mr. Thibodeaux, but some board members said that
they would try to reach him to inquire about his absences.

XII. ADJOURNMENT
A motion to adjourn the meeting was made by Rodney Hornes, and it was seconded
by Stanley Dumas. The meeting was unanimously adjourned.

City of Stockbridge, GA Planning Commission Summary Minutes for June 23, 2022 2
GOVERNMENT OF THE CITY OF STOCKBRIDGE, GEORGIA

RANDY KNIGHTON CAMILLA J. MOORE
CITY MANAGER ASSISTANT CITY MANAGER
COMMUNITY DEVELOPMENT SERVICES

Greetings Potential City of Stockbridge Resident and/or Property Owner,

We thank you for taking the next steps of bringing your property into the City limits of
Stockbridge. We have attached the necessary Annexation Petitions (100% and 60%
Methods). Please complete the sections titled “Annexation Parcels” and “Applicant or
Primary Point of Contact” on both pages 3 and 4 of the enclosed documents.

City Staff will assist in the completion of the remaining sections. All original signatures
should be mailed back to the City at the following address:

Attn: Camilla J. Moore
Asst. City Manager, Development Services
4640 North Henry Blvd.
Stockbridge, GA 30336

We are excited to have you join our City of Stockbridge family! Please contact me directly
if you have questions at CommDevelopment.info@cityofstockbridge-ga.gov or 770-389-
7900.

We are looking forward to hearing from you.

All the best,

Camilla J. Moore
Asst. City Manager, Development Services

4640 N. Henry Blvd, • Stockbridge, GA 30281 • Office: 770.389.7900
CITY OF STOCKBRIDGE | ANNEXATION CHECKLIST
4640 North Henry Boulevard
Stockbridge, GA 30281
Phone: (770) 389-7900
Fax: (770) 389-7912

X NON-REFUNDABLE APPLICATION FEE - $300.00

Payment: Check or Money Order Payable to the City of Stockbridge.

☐ APPLICATION FORM
Two Original (2) Copies: Complete and signed with original signatures.

☐ PETITION FOR ANNEXATION
Two (2) Original Copies: The Annexation Petitions must be notarized and signed by the owner or
authorized applicant. (The petition for the 60% Method must clearly indicate if the applicant is an
elector or a landowner.)

☐ CONSENT OF OWNER(S)
Original: If the property owner does not sign the application and/or petition, submit a
notarized affidavit signifying the approval or consent of all owners. (An affidavit form is
attached.) Use additional affidavits, if necessary, for multiple owners.

X PLAT OF SURVEY AND/OR LEGAL DESCRIPTION
Original and One (1) copy - Submit an accurate, as-built survey showing all improvements on the
site, to scale. The survey must be completed by a registered surveyor and must be reproducible.
If a photocopy is submitted, the original seal must be visible and the survey must still be to scale.
The survey must not be more the 1 year old.

X VERIFIED LEGAL DESCRIPTION FORM
Original and One (1) Copy - Submit one original, signed copy of the verified legal description
form and 1 copy. Forms should be typed and include acreage. If the legal description does not fit
on one form, additional forms shall be used and numbered accordingly.

PLANNING INC
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X X X X X

SIBLEY - M ILLER

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31 E

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34 SS
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SURVEYORS CERTIFICATION:

GENERAL NOTES:

B15008
BOUNDARY SURVEY
19.995 ACRES

SHEET: 1 OF 1
https://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=65283003&key1=13781&key2=293&county=75&countyname=HENRY&userid=251358&app… 1/4
https://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=65283003&key1=13781&key2=293&county=75&countyname=HENRY&userid=251358&app… 2/4
https://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=65283003&key1=13781&key2=293&county=75&countyname=HENRY&userid=251358&app… 3/4
https://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=65283003&key1=13781&key2=293&county=75&countyname=HENRY&userid=251358&app… 4/4
7/20/2022
VIA: Email (bcarter@cityofstockbridge-ga.gov)
2125 Highway 42 North
ATTN: Brecca Carter, City of Stockbridge Community Development Department

Director Carter:

On behalf of the Applicant for case number(s) AX-2022-01 pertaining to property with an
address of 2125 Highway 42 North, I hereby request that this matter be deferred from the
July 28th Planning Commission meeting to the next hearing cycle.

Prepared By:

Joshua Mahoney
For Battle Law, P.C.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
THANK YOU FOR YOUR INTEREST IN THE CITY OF STOCKBRIDGE, GEORGIA. THIS
PACKET INCLUDES THE NECESSARY DOCUMENTS THAT ARE NEEDED FOR APPLYING
FOR AN AMENDMENT TO THE STOCKBRIDGE COMPREHENSIVE PLAN.

APPLICATION REVIEW PROCESS. COMPREHENSIVE PLAN AMENDMENT APPLICATIONS
ARE FIRST REVIEWED BY THE PLANNING AND ZONING STAFF, WHO MAKE
RECOMMENDATIONS TO THE PLANNING COMMISSION. THE PLANNING COMMISSION
THEN HOLDS A PUBLIC HEARING DURING ONE OF THEIR REGULARLY-SCHEDULED
MEETINGS AND MAKES RECOMMENDATIONS TO THE MAYOR AND CITY COUNCIL.
FINALLY, THE CASE GOES TO THE STOCKBRIDGE MAYOR AND CITY COUNCIL, WHO
HOLD A PUBLIC HEARING DURING ONE OF THEIR REGULARLY-SCHEDULED MEETINGS.
THEY MAKE THE FINAL DECISION ON THE APPLICATION.

PLEASE NOTE: ALL FEES ARE NON-REFUNDABLE. THERE ARE NO EXCEPTIONS.

REQUIRED PRE-APPLICATION MEETING—BEFORE SUBMITTING YOUR APPLICATION,
PLEASE CONTACT THE PLANNING AND ZONING DIVISION OFFICE TO SCHEDULE A PRE-
APPLICATION MEETING. THIS MEETING MUST BE HELD AT LEAST ONE WEEK BEFORE
YOU SUBMIT YOUR APPLICATION.

NO PRE-APPLICATION MEETING WILL BE CONDUCTED WITHOUT AN APPOINTMENT.

FOR ASSISTANCE, YOU MAY CONTACT OUR OFFICE BETWEEN 8:00 AM AND 5:00 PM,
MONDAY THROUGH FRIDAY, AT (678) 833-3344.

ALL PUBLIC HEARINGS TAKE PLACE IN THE COUNCIL CHAMBER AT THE STOCKBRIDGE
CITY HALL AT 4640 NORTH HENRY BOULEVARD IN STOCKBRIDGE, GEORGIA,
30281, UNLESS THEY ARE HELD VIRTUALLY VIA ZOOM.

City of Stockbridge GA Community Dev. Dept. 4640 N. Henry Blvd. Stockbridge GA 30281 770/389-7900
CITY OF STOCKBRIDGE Planning and Zoning Division
Application Checklist for Requesting an Amendment to the Comprehensive Plan

APPLICANT/AGENT, PLEASE ENSURE THAT YOU HAVE SUBMITTED ALL OF THE REQUIRED ITEMS THAT ARE
LISTED BELOW. AFTER YOU SUBMIT YOUR APPLICATION , THE STAFF WILL UTILIZE THE LAST COLUMN TO
CHECK OFF EACH REQUIRED ITEM TO DETERMINE THE COMPLETENESS OF YOUR APPLICATION. PLEASE
INCLUDE THE CHECKLIST WITH YOUR APPLICATION.

ALL DOCUMENTS ARE REQUIRED IN ORDER TO ACCEPT AN APPLICATION.
REQUIRED COPIES PROCEDURE CHECK /
ITEMS INTIAL
Pre- 1 To be completed by a Staff planner during a Pre-
Application Application Meeting, at least one week before you
Review Form submit your application. /
(Meeting
Notes)
Application 1 Signed and notarized by property owner. Or, in lieu of
Form owner’s signature, applicant has signed and notarized a /
copy of a “Contract”, “Power of Attorney” or “Lease.”
Applicant 1 Required for all property owners, applicants, and agents
Disclosure who are parties to this application. The Form must be /
Form notarized.
Letter of 1 Letter stating that the owner is aware of the amendment /
Ownership being requested and owns the subject property.
Letter of 1 Must clearly state the proposed amendment to the
Intent Comprehensive Plan.
Site Plans 20 Must show minimum details: Buildings, setbacks,
( 11 x 17) buffers, road frontage, correct scale, North arrow, present
zoning classification, topographic information to show /
elevation and drainage, location and extent of required
buffers, and proposed lot layout.
Survey Plat-- 1 Of the subject property. Must be prepared and sealed
Sheet size within the last five years by a professional engineer,
must be Size landscape architect, or land surveyor who is registered in /
8-1/2” x 11” the State of Georgia. Said survey plat shall: 1) indicate
or 11” x 17”. the complete boundaries of the subject property and all
buildings and structures existing therein; 2) include a
notation as to whether or not any portion of the subject
property is within the boundaries of the 100-year
floodplain; and 3) include a notation as to the total
acreage or square footage of the subject property.

City of Stockbridge GA Community Dev. Dept. 4640 N. Henry Blvd. Stockbridge GA 30281 770/389-7900
City of Stockbridge Planning and Zoning Division
Application for an Amendment to the Comprehensive Plan
Name of Applicant S3 Capital Investments, LLC
__________________________________ Phone: 678-565-7710
_______________Date: June 1, 2022
_________________________________________________ Cell 678-565-7710
Address of Applicant: 2125 Highway 42 North #_________________
City: McDonough
________________________ State: Georgia ________ E-mail: kelsawi@sctbi.com
______Zip: 30253 ______________________________
Name of Agent____________________________________ Phone: 404-601-7616
Battle Law, P.C. ________________Date: June 1, 2022
3562 Habersham at Northlake Building J, Suite 100
Address of Agent: ______________________________________________________Cell 404-601-7616
Tucker
City: _____________________ State:Georgia
______Zip: 30084
_________ E-mail: mlb@battlelawpc.com
The property will be POSTED with a City of
THE PERSONS NAMED ABOVE AFFIRM THAT THEY ARE THE OWNER
Stockbridge Planning and Zoning Sign. The sign must
OR AGENT OF THE OWNER OF THE PROPERTY DESCRIBED BELOW
remain on the subject property for no less than fifteen
AND REQUESTS THAT THE FOLLOWING AMENDMENT TO THE
days prior to the Planning Commission and Mayor/City
COMPREHENSIVE PLAN BE GRANTED:
Council meeting(s). The applicant or property owner
FROM: Light Industrial and Low Density Vertical Mixed-Use, and Mixed Use
__________________________________________________________ shall not remove or alter the sign for any reason.
MB
_______________________________(Acknowledgement)
High Density Mixed Use
TO:_____________________________________________________________

Grandiflora Drive
Property Address: ____________________________________________________________________________

Highway 42 N and Summit View Drive
Nearest intersection to the property: ______________________________________________________________

42
Size of Tract: ___________acre(s). 31+, 31
Land Lot Number(s): _________________________. 7
District(s): _________
Property Tax Parcel Number(s):
071-01034012, 071-01034014
__________________________________________________________________________________ (Required)

Witness’ Signature Signature of Applicant

__________________________________ S3 Capital Investments, LLC
Printed Name of Witness Printed Name of Applicant

Notary Signature of Agent

Notary Seal:

(For Office Use Only)

Total Amount Paid $____________ Check #________ Credit Card # _________________________ (FEES ARE NON-REFUNDABLE)

Application checked by: _______________________________Date: _____________ _____________________________________

Pre-application meeting: _______________________________________________ Date: __________________________________

Planning Commission Decision: _______________________________________________________________________________

Mayor/City Council Decision:

Planning Director’s Signature: _________________________________________________________________ Date: __________________
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant• made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of S'toc kb~ Planning Commission or the Stockbridge City Council, who will consider the application?
Yes___ No

If Yes, the applicant and the attorney representing the applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed:

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, thi s 2{) day of {ety-4
53 Capital Investments, LLC
Applicant's Name - Printed
D \(\A c... c:~ \:z20.. ,.,,),
Signature of Applicant/Property Owner/ Agent

Applicant's Attorney, if applicable - Printed Signature of Applicant's Attorney, if applicable

Sworn to and subscribed before me this_ _,_2,_~l)~_____day of };b()Jlldld'

* Applicant means any individual or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or trust) applying for rezoning.
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant" made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of St oc kb~e Planning Commission or the Stockbridge City Council, who will consider the application?
Yes___No ~

If Y§, the applicant and the attorney representing the applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed :

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, this 2-tJ day of_ __CH::eb
_~N ~~...,.,_-~•~22
Southern Crescent Rehab & Retirement Co Inc c<;::::), ~ \ )=:.\69.W",
Applicant's Name - Printed Signature of Applicant/Property Owner/ Agent

Applicant's Attorney, if applicable - Printed Signature of Applicant's Attorney, if applicable

Sworn to and subscribed before me this_ ____,_a,._____,O~ _ _ _ _day of l='°tk,,,L~

* Applicant means any individual or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or trust) applying for rezoning.
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant• made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of Stockbridge _JU'cfnning Commission or the Stockbridge City Council, who will consider the application?
Yes___No -~--

If Yes , the applicant and the attorney representing t he applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed:

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, this ls...+ day of m1)\r\ ~ .w~L-
Michele Battle
Applicant's Name - Print Signature of Applicant/Property Owner/ Agent

Signature of Applicant' s Attorney, if applicable

Sworn to and subscribed before me this_\~~-;\-
_ _ _ _ _ day of ffi0.'1\

* Applicant means any individua l or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or t rust) applying for rezoning.
CITY OF STOCKBRIDGE I OWNER'S AUTHORIZATION
4640 North Henry Boulevard
Stockbridge, GA 30281
Phone : (770) 389-7900
Fax: (770) 389-7912

The undersigned below, or as attached, is the owner of the property that is the subject of this application. The
undersigned does duly authorize the applicant named below to act as applicant in the pursuit of a rezoning of
the property.

Name:
Southern Crescent Rehab & Retirement Co Inc

Property Address : 2125 Highway 42 North McDonough, Georgia 30253

Telephone: ( 678 ) _ _56_5_-7_7_1_0_ __ _ __ Email: kelsawi@sctbi.com

I swear that I am the owner of the property that is the subject matter of the attached application, as it is shown
in the records of Henry ~('I•o/~rgi'7 (J
Signature : t._11/i;/A{J 'f.A.- Date: 'l{ 2--2../ lL

Personally appeared before me,

Who swears the information contained in this
authorization is true and correct to the best of
his/her knowledge and belief.

Print
VICINITY MAP (NOT TO SCALE) SITE DATA
CURRENT PROPOSED CURRENT PROPOSED
BAYBERRY HILL TRACT STE AREA PARCEL ID# PROPERTY OWNER PROPOSED USE PROPOSED UNITS PROPOSED DENSITY
JURISDICTION JURISDICTION ZONING ZONING

ASSISTED LIVING, NURSING /
REHABILITATION, 7 DETACHED I.L. UNITS
SOUTHERN CRESCENT UNINCORPORATED CITY OF MU (MIXED
SU 1 20.0 AC. 071-01034012 PUD AGE-RESTRICTED, 93 ATTACHED I.L. UNITS 5 UNITS PER ACRE
MM
DRT VIE
REHAB HENRY COUNTY STOCKBRIDGE USE)
INDEPENDENT LIVING 100 TOTAL I.L. UNITS Moore Bass
SITE
W RESIDENTIAL (I.L.) Consulting, Inc.
AGE-RESTRICTED, 52 DETACHED I.L. UNITS · Civil Engineering
CITY OF CITY OF
WHITNEY LN
2 22.0 AC. 071-01034014 S3 CAPITAL INVESTMENTS, LLC O&I PUD INDEPENDENT LIVING 124 ATTACHED I.L. UNITS 8 UNITS PER ACRE · Land Surveying
STOCKBRIDGE STOCKBRIDGE
RESIDENTIAL 176 TOTAL I.L. UNITS · Development Consulting
GR
AN · Landscape Architecture
DR IFL
OR GA TOTAL 276 TOTAL I.L. UNITS 6.6 UNITS PER ACRE · Environmental Permitting
A Y
HW CA
MP
MAYGOLD ST
42 GR
OU www.moorebass.com
ND
R D TALLAHASSEE ATLANTA
25
WARBLER WAY
26 1350 Keys Ferry Court
McDonough, GA 30253
27
ATTACHED 770.914.9394
28 AGE-RESTRICTED HOMES
24
29 23 124 UNITS
22
30 21
20
31 19
18
32
17
124 16
33 15
W Y DETACHED
PK

S3 CAPITAL INVESTMENTS, LLC
123 14 AGE-RESTRICTED HOMES
34
13 O GY 52 UNITS
OL
122

SOUTHERN CRESCENT
12
35 97
H N

ERN RAI
EC
121 11
36 98 10 T
9 142

LROAD
37 120 99
TRACT 2 141
38 119 140
100 7 HE
NR

HW
6 CIT Y 139

INDEPENDENT LIVING
96 YO CO
39 118 FS UN

GIA
5 TY 138
101 95 TO
40 117 4 CK 137

OR
BR

K SOUTH
102 3 IDG
94 136

GE
E 143
116 2
41 103 DOG 135
1 144
115 93 PARK 134
42
145
104 133 42
114 146
43

NORFOL
132
92
44 105
113 147
91 CABANA 163
PICKLEBALL

PROJECT NAME
45 106 87 86 85 84 83 82 81 COURTS 162
90 88

CLIENT NAME
112 161 148
107 131
46 89
160 149 FU
111 130 R
108 TU
47 POOL 159
129 TRACT 2
110
155 EG
48 128 DO
109 168
127 TR
156 150 /W
49 167 157
80 126
73 74 75 76 77 78 79 169 151
72 125 158
50 70 71
68 69 166 152
67 176 170
51 65 66 153
64 165
62 63 171 154
52 60 61 175
58 59
57 164 SWMF
53 174 172

54 ATTACHED & DETACHED 173
AGE-RESTRICTED HOMES TRACT 1
55
100 UNITS
56 PROPOSED COMMUNITY CENTER
WITH POOL, FITNESS FACILITY, MEETING ROOMS, 100 YEAR FLOODPLAIN
100 YEAR FLOODPLAIN I DGE BUSINESS CENTER
KBR
TOC
OF S TY
CITY OUN
YC
SWMF H ENR
SWMF
10 POOL

11
9 8 7 6 1
12 5 4 3 2

13

78 79 80 81 82 83 85 86
84
14

15

16 87 88 89 90 91 92 93 94
77 76 95 96 97 98 99 100
75 74 70 NT

REVISIONS
73 72 71 69 ME
AVE
17 IN GP
IST
EX
EXISTING PAVEMENT
18
PROPOSED ACCESS ROAD (PRIVATE)
50
19
49
20 TRACT 1
48
21 60 61 62 63 64 65 66 67 68 A3501.0002-REZ
47
DATE 12-15-2021

EXISTING PAVEMENT EXISTING PAVEMENT
22 SOUTHERN CRESCENT
46 REHABILITATION
23 (NURSING / REHABILITATION
PROPOSED ASSISTED
LIVING FACILITY
CONTRACT #
BUILDING

Q:\A3501.0001\Engineering\Planning\A3501.0002-REZ.dwg, SITE-NORTH, smoore, Jun 01, 2022 - 8:13:17am
EXPANSION
59 58 57 56 55 45 DRAWN BY SDM
24 54 53 52 51
44 The Drawings, Specifications and other documents
prepared by Moore Bass Consulting, Inc. (MB) for
25 this Project are instruments of MB for use solely
43 with respect to this Project and, unless otherwise
provided, MB shall be deemed the author of these
documents and shall retain all common law,
statutory and other reserved rights, including the
26 PROPOSED ACCESS ROAD (PRIVATE) copyright.
42
27
41
1350 KEYS FERRY COURT
28 EXISTING PAVEMENT McDONOUGH, GA 30253
30 31 40 LSF #1179
32 33 34 35 36 37 38
29
39
SEAL

SHEET TITLE
GRAPHIC SCALE
100 0 50 100 200 400 CONCEPTUAL
SITE PLAN

( IN FEET )
2022.03.10
1 inch = 100 ft. SHEET

C Moore Bass Consulting 1
R[VISlONS

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TRACT 1
22.042 ACRES
071-010),,4014
Si'~!.':"00• too.II:'

CITY F'O STOCKBRIOGE
ZONED M-1 ?-'d 1.-

~ '"~~~ TRACT 2
19,995 ACRES
~~g..~ 071-01034012

HENRY COUNTY
ZONEO 01

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UII.JID-MIE.LDOl,TION-.r/J

PROJECT NO.:
131~

DRAWN BY: TUA

100· :zoo· JOO"
SCA!.£:1"s100'

DAl'E: 2-11-2015
LEGEND LINE CALL CHART
LINE BEARING DISTANCE
WOODEN POWER POLE - - - - f:J EX. WATER METER-------- EE L1 S 3 0"04' 30" E 3 84.49'
EX. OH POWER LINES- E E
EX. WATER VALVE-------- """
LIGHT POLE - - - - - - - - - - -Q N/F
SANITARY SEWER MANHOLE----69
EX. FENCE - X - X - X - X - X S3 CAPITAL INVESTMENTS LLC
P0B = POINT OF BEGINNING SEWER CLEAN-OUT---------O DB. 13781 PG. 293
IPS = IRON PIN SET (#4 REBAR) STORM HEADWALL--------- 0 PB. 23 PG. 251
DB. = DEED BOOK 071-01034014
EX. SINGLEWING CATCH BASIN ~
PB. = PLAT BOOK ZONED M-1
PG. = PAGE EX. DOUBLEWING CATCH BASIN ~ CITY OF STOCKBRIDGE
N/F = NOW OR FORMERLY JUNCTION BOX----------- 0
EX. = EXISTING E

RCP = REINFORCED CONCRETE PIPE EX. BUILDING------- ~
CMP = CORRUGATED METAL PIPE STOCKBRIDGE CITY LIMITS SS DOUBLE 8 ' X8'
CPP = CORRUGATED PLASTIC PIPE EX. ASPHALT------- - REBAR REBAR E
BOX CULVERT
HANDICAPP PARKING = ().
EX. CONCRETE------ I -·<'·I FOUND S 89"45'27" WFOUND
EX. FIRE HYDRANT - - - - - - - • ~ 11' 133.06' E
\'o . HENRY COUNTY LIMITS SS

RESERVED FOR CLERK OF THE SUPERIOR COURT E

SS

SS

25 ' STATE WATERS BUFF E
so' WATER QUALITY BUFFER,,
SS
75' IMPERVIOUS BUFFER,, ',,

THIS PROPERTY IS SUBJECT TO ALL RIGHT
SS
OF WAYS AND EASEMENTS SHOWN OR NOT
SHOWN, RECORDED OR UNRECORDED. E

THIS SURVEY WAS PREPARED WITHOUT SS
BENEFIT OF A TITLE REPORT WHICH COULD E
REVEAL ENCUMBRANCES NOT SHOWN. ::::::,, <.:

SS
UTILITIES SHOWN ARE LOCATION VISIBLE AT E
TIME OF SURVEY. ADDITIONAL UTILITIES MAY SS
SS
SS
SS E
EXIST ABOVE OR BELOW GROUND. THE SS SS
SURVEYOR ACCEPTS NO RESPONSIBILITY @ - SS SS
SS SS
SS

SS SS
SS SS
FOR THE COMPLETENESS OF THIS DATA.
SS
SS E
OJ SS SS SS
SS
~ I N
SS

fTl
A z
Ill ::0 SS

G") 0

N/F fTl C X

MAGNOLIAS AT EAGLES

SS
LANDING PHASE 3 Q
PB. 31 PG. 70 ::;/ r X

ZONED RM
CITY OF STOCKBRIDGE _ _ -i r 3::
f;i
f;i

N/ F
MAGNOLIAS AT EAGLES
LANDING PHASE 1
PB. 30 PG. 1 1
PIN# 071 G0 10570 00
ZONED RM
CITY OF STOCKBRIDGE

SURVEY ORDERED BY: KHALED EL-SAWI
FIELDWORK COMPLETED ON: 4-28-2021
A SEARCH WAS MADE FOR NGS MONUMENTS
AND NONE WERE FOUND WITHIN 500' OF SITE.
1-7 ® r
@ N/F
MAGNOLIAS AT EAGLES

I I LANDING PHASE 1
PB. 30 PG. 11
ZONED RM
CITY OF STOCKBRIDGE
SURVEYORS CERTIFICATION:
THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE
PRECISION OF ONE FOOT IN 47,985 FEET AND AN ANGULAR
This plat is a retracement of an existing parcel or parcels of land and does not ERROR OF 0.01" PER ANGLE POINT AND WAS ADJUSTED
subdivide or create a new parcel or make any changes to any real property boundaries.
USING THE COM PASS RULE.
The recording information of the documents, maps, plats, or other instruments which
THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND WAS FOUND
created the parcel or parcels are stated hereon. RECORDATION OF THIS PLAT DOES NOT
TO BE ACCURATE WITHIN ONE FOOT IN 100,000 FEET. GENERAL NOTES:
IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS, COMPLIANCE WITH
LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY FOR ANY USE OR PURPOSE OF EQUIPMENT USED: TOPCON GTS-313. AREA: 19.995 ACRES
THE LAND. Furthermore, the undersigned land surveyor certifies that this plat complies PARCEL: 0 7 1-0103 40 12
with the minimum technical standards for property surveys in Georgia as set forth in AS PER OFFICIAL FLOOD INSURANCE MAPS BY ZONED 01
the rules and regulations of the Georgia Board of Registration for Professional THE F.E.M.A., A PORTION OF THIS PROPERTY IS MINIMUM LOT AREA= 10,000 SQ.FT. (COUNTY WATER & SEWER)
Engineers and Land Surveyors and as set forth in O.C.G.A. Section 15-6-67. LOCATED IN A FLOOD HAZARD AREA ( ZONE A) MINIMUM LOT WIDTH=1 2 5'
AS PER COMMUNITY - PANEL NUMBER 13151C0156D FRONT SETBACK- - - - so· PROJECT #: B15 008
DATED: OCTOBER 6, 2016 REAR SETBACK - - - - 20 ' BOUNDARY SURVEY
SIDE SETBACK: - - - - 15'
19.995 ACRES
SEWER AS PER HCWA.
WATER AS PER HCWA
SURVEYOR'S CERTIFICATION: DRAWN BY: TLM
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND WAS 300'
PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE ON SCALE: 1 " = 1 oo·
THE GROUND BY ME OR UNDER MY SUPERVISION, AND THAT THE ! DATE: 04/ 29/ 202 1
MONUMENTS REFERENCED HEREON, EXIST AND THEIR SIZES, GRAPHIC SCALE = FEET
LOCATIONS AND MATERIALS ARE CORRECTLY SHOWN.
SHEET: 1 OF 1
RECEP/i::fJ 1:~ OFF /C:
BK: 13781 P6: 293-299
Filed and Recorded Oct-23-2014 os:s1:45AM
~;E:IH r' CCIJ HTY DOCt: D2014-023643
CLERK OF SUPE:rl !0R CDtJRT Real Estate Transfer Tox Poid $110 oo
0752014007392 '
201~ OCT 22 PM I: 30 BARBARA A, HARRISON
CLERK OF SUPERIOR COURT Henry County GA,

Return to:
LANE & KARLO, LLP
1827 Powers Ferry Road
Building Five
Atlanta, Georgia 30339

File No: LK144911
Auction #JOA30-7102

LIMITED WARRANTY DEED

STATE OF GEORGIA

COUNTY OF COBB

THIS INDENTURE, made and entered into this 16th day of October, in the year two
thousand fourteen, by and between

HARVEST POINT UNITED METHODIST CHURCH, INC.

of the County of Henry, and State of Georgia, as party or parties of the first part, hereinafter
called Grantor, and

S3 CAPITAL INVESTMENTS, LLC

as party or parties of the second part, hereinafter called Grantee (the words "Grantor'' and
"Grantee" to include their respective heirs, successors and assigns where the context requires
or permits.)

WITNESSETH that: Granter, for and in consideration of the sum of TEN AND NO/100
($10.00) DOLLARS in hand paid at and before the sealing and delivery of these presents, the
receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and
confirmed, and by these presents does grant, bargain, sell, convey and confirm unto the said
Grantee, the following described property, to-wit:

https://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=65283003&key1=13781&key2=293&county=75&countyname=HENRY&userid=251358&app… 1/4
BK: 13781 PG: 294

All those tracts or parcels of land lying and being in Land Lots 31, 32 and 33, 7th District, Henry
County, Georgia, and being more particularly described In Exhibit A, attached hereto and made a
part hereof.

This conveyance is made and authorized in accordance with and pursuant to The Book of
Discipline of the United Methodist Church (2012), as set forth and confirmed in and by that
certain Certification and Consent, attached hereto and made a part hereof.

TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights,
members and appurtenances thereof, to the same being, belonging, or in anywise appertaining,
to the only proper use, benefit and behoof of the said Grantee forever in FEE SIMPLE.

AND THE SAID Grantor will warrant and forever defend the right and title to the above
described property unto the said Grantee against the claims of all persons claiming by, through
or under Grantor herein .

IN WITNESS WHEREOF, the Granter has signed and sealed this deed as of the day and
year above written.

Signed, sealed and delivere_d in the HARVEST POINT UNITED METHODIST
presence of: CHURCH, INC.
~-1Ml,/.~r&'-P(.~~-~~L)
ames David McMemmen, Chairman
(President)

By~~~EAL)
Patrick Michael O'Neill, Vice-Chairman
1,1N1 1tt;1
(Vice-President)
My Commission Expires
October 2, 201 ll

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BK: 13781 PG: 295

EXHIBIT A

TRACT I: All that tract or parcel of land lying and being in Land Lots 31, 32 and 33 of the 7th
District of Henry County, Georgia, and being 14.I 69 acres designated as Tract I on a plat of survey
prepared for Davis Development, Inc., prepared by Carlton Rakestraw, Jr. of Carlton Rakestraw &
Associates, Ga. R.L.S. #2236, dated July 11, 2003, and last revised September 3, 2003, whicli. said
plat of survey is incorporated herein and by reference thereto being more particularly described as
follows:
TO FIND THE 'ffiUE POINT OF BEGINNING, commence at an iron pin set on the Southwestern
right-of•way line of S.R. 42/U.S. 23 (801 R/W), said iron p~ ~ ;~t.St ~ ~ y as
measured along said right~f-way line from its intersection with~ ~ rig1¢"6f~y lit,ie of,
Tunis Drive; thence leaving said rigbt~f-way line South 59' degn,¢$ S(i :minutes S4 sooonds West
447.09 feet to a ½" R.R. found; thence proceeding South 30 degrees 02 minutes 01 second East
100.14 feet to an iron pin set; thence proceeding South 59 degrees SS minutes 51 seconds West
1l'.3.17 feet to an iron pin set~ thence proceeding North 30. degrees 04 minutes 09 seconds West
138.00 feet to a½"' R.R. found; thence proceeding South 59 degrees 55 minutes Sl seconds West
320.47 feet to a½" R.R. found at the TRUE POINT OF BEGINNING; thence proceeding from said
true point of beginning South 23 degrees 24 minutes 14 seconds West 71.99 feet to a½" R.R.
found; thence proceeding South 71 degrees 56 minutes 43 seconds West 150.56 feet to a ½" R.R.
found; thence proceeding North 65 degrees 57 minutes 01 second West 115.18 feet to aw• R.R.
found; thence proceeding South 88 degn,es 21 minutes 41 seconds West 280.93 feet to a½" R.R.
found; thaice procemg South 78 dearec,s 36 minutes 17 seconds West 3U.03 feet to.a ½" R.R.
found; ·thence proceeding South 38 degrees·S8 minutes 41 aeconds Wm 549.45 feet to a ½" R.R.
found on the Bastem right-of-way line of Southern Railway (1 SO' R/W); thence proceeding along
the Eastern right-of-way line of Southern Railway North 09 degrees 06 minutes 42 seconds Bast
1.345.95 feet to an iron pin set; the.nee leaving the Eastern right-of.way line of Southern Railway
South S4 degrees 14 minutes 16 seconds East 932.52 feet to a ½" R.R. found; the.nee proceeding
South 47 degrees 05 minutes 54 seconds East 325.48 feet to a ½" R.R. found at the TRUE POINT
OF BEGINNING. ~

TRACT 11: All that tract or parcel of land lying and being in Land Lot 31 of the 7th District of
Henry County, Georgia, and being 7.841 acres designated as Tract Ilona plat of survey prepared
for Davis Development, Inc., prepared by Carlton Rakestraw, Jr. of Carlton Rakestraw &
Associates, Ga. R.L.S. #2236, dated July 11, 2003, and last revised September 3, 2003, which said
plat of survey is incorporated herein and by reference thereto being more particularly described as
follows:

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STATEMENT OF INTENT

and

Other Material Required by
City of Stockbridge Zoning Ordinance

For

Annexation, Rezoning, and Future Land Use Map Amendment

of

S3 Capital Investments, LLC
c/o Battle Law, P.C.

for

19.995 +/- Acres located at PIN #071-01034012, 071-01034014
Highway 42 and Summit View Drive

Submitted for Applicant by:

Michèle L. Battle, Esq.
Battle Law, P.C.
Habersham at Northlake, Building J, Suite 100
Tucker, Georgia 30084
(404) 601-7616 Phone
(404) 745-0045 Facsimile
mlb@battlelawpc.com

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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I. LETTER OF INTENT

S3 Capital Investments, LLC (the “Applicant”) is requesting annexation into the Incorporated
City of Stockbridge for the rezoning of 19.995 acres of land, which is further described as parcel
071-01034012. The subject property is currently developed under the unincorporated Henry County
Office and Institutional and Mixed-Use zoning districts. The applicant is requesting to be rezoned
from OI, LI and MU to PUD a companion Future Land Use Map Amendment request to change the
land use designation from Light Industrial to High Density Residential.

The subject property will be adjacent to the Southern Crescent Rehabilitation Center, which is
zoned Mixed Use. S3 Capital Investments’ proposal includes 52 detached housing units and 124
attached units for an age-restricted independent living community. The applicant is requesting the
petition of zoning and other applicable zoning actions to obtain approval and acceptance of the
annexation of both parcels of land which will include a total of 276 total units, which 100 of the
units will be provided as part of the South Crescent tract that is designated for assisted living,
nursing and rehabilitation.

CURRENT PROPOSED CURRENT PROPOSED
STE AREA PARCEL ID# PROPERTY OWNER PROPOSED USE PROPOSED UNITS
JURISDICTION JURISDICTION ZONING ZONING

ASSISTED LIVING, NURSING /
REHABILITATION, 7 DETACHED I.L. UNITS
SOUTHERN CRESCENT UNINCORPORATED CITY OF MU (MIXED
20.0 AC. 071-01034012 PUD AGE-RESTRICTED, 93 ATTACHED I.L. UNITS
REHAB HENRY COUNTY STOCKBRIDGE USE)
INDEPENDENT LIVING 100 TOTAL IL UNITS
RESIDENTIAL (IL )

AGE-RESTRICTED, 52 DETACHED IL UNITS
CITY OF CITY OF
220 AC. 071-01034014 S3 CAPITAL INVESTMENTS, LLC O&I PUD INDEPENDENT LIVING 124 ATTACHED 1.L. UNITS
STOCKBRIDGE STOCKBRIDGE
RESIDENTIAL 176 TOTAL I.L. UNITS
TOTAL 276 TOTAL IL UNITS

The applicant currently has a list of conditions for the proposed development that is being revised
for the transition into the City of Stockbridge. This document is currently being drafted and will be
submitted as an attachment to this application.

This document is submitted as a Statement of Intent with regard to this Application, preservation
of the Applicant’s constitutional rights, and an application of the criteria provided in the Steinberg
3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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Act to provide a rigorous analysis of the proposed rezoning and land use amendment. A surveyed
plat and conceptual site plan of the Subject Property has been filed contemporaneously with the
Application, along with other required materials.

II. REVIEW CRITERIA FOR JUSTIFICATION

A. Whether the zoning proposal will permit a use that is suitable in view of the use
and development of adjacent and nearby property The zoning proposal will permit
a use that is suitable in view of the use and development of the adjacent and
nearby property.

The Subject Property is abutted by a residential neighborhood to the south. There
are commercial-zoned parcels adjacent east and north of the property. The
Southern Crescent site is currently developed and the adjacent tract, which is
referenced as tract 2 is currently undeveloped with heavy tree coverage throughout
the parcel. The proposed use appears to be suitable in view of the surrounding
properties as a residential addition to the Highway 42 corridor.

B. Whether the zoning proposal will adversely affect the existing use or usability of
adjacent or nearby property The land use amendment and zoning proposal will
not adversely affect the existing use or usability of adjacent or nearby property.

The proposed land use amendment and zoning proposal will allow the Applicant to
improve upon the area surrounding the Subject Property by bringing high-quality
architectural design, road access through the Subject Property, jobs, and senior
services that are in high demand according to the regional market.

C. Whether the property will be affected by the zoning proposal has a reasonable
economic use as currently zoned.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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Battle Law
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The Subject Property does have a reasonable economic use as zoned. However, the
land-use amendment and zoning proposal will not change this fact. There is an
annexation request which will allow this development to be added to the City of
Stockbridge. We believe that this project would best benefit from the regulations
established within the City of Stockbridge Zoning Ordinance.

D. Whether the zoning proposal will result in a use that will or could cause excessive
or burdensome use of existing streets, transportation facilities, utilities or schools.

The land use amendment and zoning proposal will not result in a use which will or
could cause excessive or burdensome use of existing streets, transportation
facilities, utilities or schools.

E. Whether the zoning proposal is in conformity with the policy and intent of the
land-use plan. The land use amendment and zoning proposal is in conformity with
the policy and intent of the land-use plan.

The zoning proposal is appropriate for the simultaneous land use amendment
because the assigned land use designation is not compatible as industrial land use.
The proposed site will be residential with a low-density yield. The requested change
appears to be more conforming with the area given that there are existing
residential land uses adjacent to the subject property.

F. Whether there are other existing or changing conditions affecting the use and
development of the property which give supporting grounds for either approval or
disapproval of the zoning proposal.
The Applicant is aware of the conditions that were assigned by Henry County’s staff.
The applicant intends to carry some of the conditions with some alterations in the

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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language that will best suit the development regulations and policies of the City of
Stockbridge.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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III. NOTICE OF CONSTITUTIONAL ALLEGATIONS AND PRESERVATION OF APPLICANT’S
CONSTITUTIONAL RIGHTS

The portions of the City of Stockbridge Ordinance, facially and as applied to the Subject
Property, which restricts or classify or may restrict or classify the Subject Property so as to prohibit
its development as proposed by the Applicant are or would be unconstitutional in that they would
destroy the Applicant’s property rights without first paying fair, adequate and just compensation for
such rights, in violation of the Fifth Amendment and Fourteenth Amendment of the Constitution of
the United States and Article I, Section I, Paragraph I of the Constitution of the State of Georgia of
1983, Article I, Section III, Paragraph I of the Constitution of the State of Georgia of 1983, and would
be in violation of the Commerce Clause, Article I, Section 8, Clause 3 of the Constitution of the
United States.

The application of the City of Stockbridge Zoning Ordinance to the Subject Property which
restricts its use to any classification other than that proposed by the Applicant is unconstitutional,
illegal, null and void, constituting a taking of Applicant’s Property in violation of the Just
Compensation Clause of the Fifth Amendment to the Constitution of the United States, Article I,
Section I, Paragraph I, and Article I, Section III, Paragraph I of the Constitution of the State of
Georgia of 1983, and the Equal Protection and Due Process Clauses of the Fourteenth Amendment
to the Constitution of the United States denying the Applicant an economically viable use of its land
while not substantially advancing legitimate state interests.

A denial of this Application would constitute an arbitrary irrational abuse of discretion and
unreasonable use of the zoning power because they bear no substantial relationship to the public
health, safety, morality or general welfare of the public and substantially harm the Applicant in
violation of the due process and equal protection rights guaranteed by the Fifth Amendment and

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph I
and Article I, Section III, Paragraph 1 of the Constitution of the State of Georgia.

A refusal by the City Council/ Commission to amend the land use and/or rezone the Subject
Property to the classification as requested by the Applicant would be unconstitutional and
discriminate in an arbitrary, capricious, and unreasonable manner between the Applicant and
owners of similarly situated property in violation of Article I, Section I, Paragraph II of the
Constitution of the State of Georgia of 1983 and the Equal Protection Clause of the Fourteenth
Amendment to the Constitution of the United States. Any rezoning of the Property subject to
conditions which are different from the conditions requested by the Applicant to the extent such
different conditions would have the effect of further restricting the Applicant’s utilization of the
property, would also constitute an arbitrary, capricious and discriminatory act in zoning the Subject
Property to an unconstitutional classification and would likewise violate each of the provisions of
the State and Federal Constitutions set forth herein above.

A refusal to allow the land use amendment and/or rezoning in questions would be
unjustified from a fact-based standpoint and instead would result only from constituent opposition,
which would be an unlawful delegation of authority in violation of Article IX, Section II, Paragraph IV
of the Georgia Constitution.

A refusal to allow the land use amendment and/or rezoning in question would be invalid
inasmuch as it would be denied pursuant to an ordinance which is not in compliance with the
Zoning Procedures Law, O.C.G.A Section 36-66/1 et seq., due to the manner in which the Ordinance
as a whole and its map(s) have been adopted. The existing land use designation and/or zoning
classification on the Subject Property is unconstitutional as it applies to the Subject Property.

This notice is being given to comply with the provisions of O.C.G.A. Section 36-11-1 to
afford the City an opportunity to revise the Property to a constitutional classification. If action is not

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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rnJ
taken by the City to rectify this unconstitutional land use designation and/or zoning classification
within a reasonable time, the Applicant is hereby placing the City on notice that it may elect to file a
claim in the Superior Court of Henry County demanding just and adequate compensation under
Georgia law for the taking of the Subject Property, diminution of value of the Subject Property,
attorney’s fees and other damages arising out of the unlawful deprivation of the Applicant’s
property rights.

The portions of the City of Stockbridge Ordinance, facially and as applied to the Subject
Property, which restricts or classify or may restrict or classify the Subject Property so as to prohibit
its development as proposed by the Applicant are or would be unconstitutional in that they would
destroy the Applicant’s property rights without first paying fair, adequate and just compensation for
such rights, in violation of the Fifth Amendment and Fourteenth Amendment of the Constitution of
the United States and Article I, Section I, Paragraph I of the Constitution of the State of Georgia of
1983, Article I, Section III, Paragraph I of the Constitution of the State of Georgia of 1983, and would
be in violation of the Commerce Clause, Article I, Section 8, Clause 3 of the Constitution of the
United States.

The application of the City of Stockbridge Zoning Ordinance to the Subject Property which
restricts its use to any classification other than that proposed by the Applicant is unconstitutional,
illegal, null and void, constituting a taking of Applicant’s Property in violation of the Just
Compensation Clause of the Fifth Amendment to the Constitution of the United States, Article I,
Section I, Paragraph I, and Article I, Section III, Paragraph I of the Constitution of the State of
Georgia of 1983, and the Equal Protection and Due Process Clauses of the Fourteenth Amendment
to the Constitution of the United States denying the Applicant an economically viable use of its land
while not substantially advancing legitimate state interests.

A denial of this Application would constitute an arbitrary irrational abuse of discretion and
unreasonable use of the zoning power because they bear no substantial relationship to the public
health, safety, morality or general welfare of the public and substantially harm the Applicant in

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
Battle Law
rnJ
violation of the due process and equal protection rights guaranteed by the Fifth Amendment and
Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph I
and Article I, Section III, Paragraph 1 of the Constitution of the State of Georgia.

A refusal to allow the special land use permit in question would be unjustified from a fact-
based standpoint and instead would result only from constituent opposition, which would be an
unlawful delegation of authority in violation of Article IX, Section II, Paragraph IV of the Georgia
Constitution

IV. Conclusion

Thank you for your consideration for this project. The applicant is more than willing to provide
any additional documents and supporting details. For the foregoing reasons, the Applicant
respectfully requests that the simultaneous Annexation, Land Use Amendment, and Rezoning
application at issue be approved. The Applicant also invites and welcomes any comments from Staff
or other officials of the City of Stockbridge so that such recommendations or input might be
incorporated as conditions of approval of this Application.

This 1st day of June 2022.

Respectfully submitted,

Michele L. Battle, Esq. Attorney for the Applicant

c/o Tyler McSwain, Senior Urban Planner

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
I• ➔ i =:•-

I• ➔ i =:•-

Rezoning Application
City of Stockbridge, Georgia

THANK YOU FOR YOUR INTEREST IN THE CITY OF STOCKBRIDGE, GEORGIA. THIS
PACKET INCLUDES THE NECESSARY DOCUMENTS THAT ARE NEEDED FOR REZONING
APPLICATIONS TO BE HEARD BY THE CITY OF STOCKBRIDGE PLANNING COMMISSION.

PLEASE NOTE: ALL FEES ARE NON-REFUNDABLE. THERE ARE NO EXCEPTIONS.

ALL APPLICANTS ARE REQUIRED TO SCHEDULE AND ATTEND A PRE-APPLICATION
MEETING WITH THE CITY OF STOCKBRIDGE PLANNING AND ZONING DIVISION OF THE
COMMUNITY DEVELOPMENT DEPARTMENT. PLEASE CALL THE OFFICE AT (770) 389-7900
TO SCHEDULE AN APPOINTMENT.

No PRE-APPLICATION MEETING WILL BE CONDUCTED WITHOUT AN APPOINTMENT.

SHOULD YOU NEED FURTHER ASSISTANCE, PLEASE FEEL FREE TO CONTACT THE
PLANNING AND ZONING DIVISION OFFICE BETWEEN 8:00 AM AND 5 :00 PM,
MONDAY THROUGH FRIDAY,
AT (770) 389-7900.

MEETING LOCATIONS-ALL PLANNING COMMISSION MEETINGS WILL BE HELD
VIRTUALLY (BY ZOOM) UNTIL FURTHER NOTICE.

[Form revised on 1/ l 9 /22.]
City of Stockbridge Community Development Department--4602 North Henry Blvd .; Stockbridge, GA 30281 770-389-7900
City of Stockbridge Planning and Zoning Division
Community Development Department

REZONING APPLICATION CHECKLIST

PLEASE COMPLETE THIS FORM WHEN ACCEPTING ALL REZONING APPLICATIONS.
ATTACH THE CHECKLIST TO THE APPLICATION AND SIGN.

ALL DOCUMENTS ARE REQUIRED IN ORDER TO ACCEPT APPLICATION.

REQUIRED COPIES PROCEDURE CHECK/INTIAL
ITEMS
Pre-Application 1 Must be obtained from a current planner, prior to submitting
Review Form your application. (by appointment only) /
(Meeting Notes)
Application 1 1. Signed and notarized by owner. Original signature
Form 2. In lieu of owner's signature, applicant has signed and
notarized a copy of a "Contract", "Power of Attorney" or /
"Lease."
Applicant 1 Required for all property owners, applicants, and agents filed
Disclosure with an application, and must be notarized. /
Form
Letter of 01 Letter stating that the owner is aware of the rezoning request
Ownership and owns the property in question.
Letter oflntent 1 Must clearly state the proposed use and development intent. /
Site Plans I Must show minimum details: Buildings, setbacks, buffers,
(24 X 36) road frontage, correct scale, north arrow, present zoning /
and classification, topographic information to show elevation and
(llx17) 10 drainage, location and extent of required buffers, and the
proposed lot layout.
Survey Plat 1 Subject Property, prepared and sealed within the last five years
(8 ½ X 11) by a professional engineer, landscape architect, or land
Or surveyor who is registered in the State of Georgia. Said survey
(11 X 17) plat shall: 1) indicate the complete boundaries of the subject
property and all buildings and structures existing therein; 2)
Include a notation as to whether or not any portion of the
subject property is within the boundaries of the 100-year
floodplain; and 3) include a notation as to the total acreage or
square footage of the subject property.
Water and 1 This letter must accompany the application at the time of
sewer submittal. It should state that water and sewer are
availability available to serve the property, or such services can be
letter extended to the site. Please obtain the letter from the /
appropriate office which serves the property, such as
Henry County Water Authority, City of Stockbridge
Public Works Department, or a Clayton County office.
Form from the 1 This letter must accompany the application at the time of
Health submittal (Only needed ifproperty is not on sewer).
Department /

City of Stockbridge Community Development Department--4602 North Henry Blvd .; Stockbridge, GA 30281 770-389-7900
City of Stockbrid2e Plannin2 and Zonine Div'sion
Rezoning Application
Name of Applicam S3 Capital Investments, LLC Phone: 678-565-7710
November 10, 2021 Date:
Address Applicant: 2125 Highway 42 North Fax______Ccl /1 678-565-7710

City: McDonough State: Georgia Zip: 30253 E-mai l: kelsawi@sctbi.com
NameofAgenl BattleLaw, P .C. Phone: 404-601-761 6 Date: Novemberl0,2021
3562 Haber sham at Nor thla ke Building J, Suite 100
Address Agent: Fax.________Cell # 404-60 1-76 16

City: Tucker State: G eorgia Zip:_3_ 0_0____
84 E-mail; ml b@battlelawpc.com

THE APPLICANT NAMED ABOVE AFFIRMS THAT HE OR SHE IS THE OWNER, OR AGENT OF THE OWNER, OF THE PROPERTY
DESCRIBED BELOW, AND IS REQUESTING A REZONING O.F THE PROPERTY.
The property will be POSTF.D with a City of
Rezoning being requested_from 01, LI and MU to PUD for p p Stockbridge rezoning sign. The sign must remain on the
an age-res tricted resi denti al development subject property for no less than fifteen day, prior to
either Planning Commission or City Council mccling(s).
The applicant or property owner shall not remove or
alter th.e sign for any reuon. MB Acknowledgement

Address of Proper ty: _G_r_a_n _d _ifl_o_ra_D_r_iv _ ________

Nearest intersection to the property: Highway 42 N and Summit View Drive
(Street Address)
Size ofTract:_4_2
____ acre(s), LandLot Number(s):_3_1_+_,_3___
1 ______ _, Distric t(s): _________ _

Property Tax Pare ): 071�01034012, 071 01034014 (Required)

Wi!Jless'
- -- Signature >
- - - - - - - - - - - - - - - - · ,gnnn11cu1 l\ppu ani
;;;====;.�,µ...""""--'------<,-..J...5--C,,.,,,""--'=C"-'-'---------
S3 .:apital Investments, LLC
Printed Nome or Witness oO, OO><O�

!tl11no1wc nl l\gi!nt

Total Amount Paid. llfUNH' ash__ Check #___Received by:_____(FEES ARE NON-REFUNDABLE)

Application checked by:_ ______Date:. ______,MapNumber(s): ________________ _

Pre-application meeting:_____________________Date: ______________ _

Planning Commission Decision:

City Council Decision:----------- ------------ ---------------

Community DevelopmentDirector's Signature:_____________Date:_________ _____ _
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant• made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of S'toc kb~ Planning Commission or the Stockbridge City Council, who will consider the application?
Yes___ No

If Yes, the applicant and the attorney representing the applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed:

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, thi s 2{) day of {ety-4
53 Capital Investments, LLC
Applicant's Name - Printed
D \(\A c... c:~ \:z20.. ,.,,),
Signature of Applicant/Property Owner/ Agent

Applicant's Attorney, if applicable - Printed Signature of Applicant's Attorney, if applicable

Sworn to and subscribed before me this_ _,_2,_~l)~_____day of };b()Jlldld'

* Applicant means any individual or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or trust) applying for rezoning.
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant" made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of St oc kb~e Planning Commission or the Stockbridge City Council, who will consider the application?
Yes___No ~

If Y§, the applicant and the attorney representing the applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed :

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, this 2-tJ day of_ __CH::eb
_~N ~~...,.,_-~•~22
Southern Crescent Rehab & Retirement Co Inc c<;::::), ~ \ )=:.\69.W",
Applicant's Name - Printed Signature of Applicant/Property Owner/ Agent

Applicant's Attorney, if applicable - Printed Signature of Applicant's Attorney, if applicable

Sworn to and subscribed before me this_ ____,_a,._____,O~ _ _ _ _day of l='°tk,,,L~

* Applicant means any individual or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or trust) applying for rezoning.
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant• made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of Stockbridge _JU'cfnning Commission or the Stockbridge City Council, who will consider the application?
Yes___No -~--

If Yes , the applicant and the attorney representing t he applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed:

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, this ls...+ day of m1)\r\ ~ .w~L-
Michele Battle
Applicant's Name - Print Signature of Applicant/Property Owner/ Agent

Signature of Applicant' s Attorney, if applicable

Sworn to and subscribed before me this_\~~-;\-
_ _ _ _ _ day of ffi0.'1\

* Applicant means any individua l or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or t rust) applying for rezoning.
CITY OF STOCKBRIDGE I OWNER'S AUTHORIZATION
4640 North Henry Boulevard
Stockbridge, GA 30281
Phone : (770) 389-7900
Fax: (770) 389-7912

The undersigned below, or as attached, is the owner of the property that is the subject of this application. The
undersigned does duly authorize the applicant named below to act as applicant in the pursuit of a rezoning of
the property.

Name:
Southern Crescent Rehab & Retirement Co Inc

Property Address : 2125 Highway 42 North McDonough, Georgia 30253

Telephone: ( 678 ) _ _56_5_-7_7_1_0_ __ _ __ Email: kelsawi@sctbi.com

I swear that I am the owner of the property that is the subject matter of the attached application, as it is shown
in the records of Henry ~('I•o/~rgi'7 (J
Signature : t._11/i;/A{J 'f.A.- Date: 'l{ 2--2../ lL

Personally appeared before me,

Who swears the information contained in this
authorization is true and correct to the best of
his/her knowledge and belief.

Print
TobeAnnexJAU
VICINITY MAP (NOT TO SCALE) SITE DATA
CURRENT PROPOSED CURRENT PROPOSED
BAYBERRY HILL TRACT STE AREA PARCEL ID# PROPERTY OWNER PROPOSED USE PROPOSED UNITS PROPOSED DENSITY
JURISDICTION JURISDICTION ZONING ZONING

ASSISTED LIVING, NURSING /
REHABILITATION, 7 DETACHED I.L. UNITS
SOUTHERN CRESCENT UNINCORPORATED CITY OF MU (MIXED
SU 1 20.0 AC. 071-01034012 PUD AGE-RESTRICTED, 93 ATTACHED I.L. UNITS 5 UNITS PER ACRE
MM
DRT VIE
REHAB HENRY COUNTY STOCKBRIDGE USE)
INDEPENDENT LIVING 100 TOTAL I.L. UNITS Moore Bass
SITE
W RESIDENTIAL (I.L.) Consulting, Inc.
AGE-RESTRICTED, 52 DETACHED I.L. UNITS · Civil Engineering
CITY OF CITY OF
WHITNEY LN
2 22.0 AC. 071-01034014 S3 CAPITAL INVESTMENTS, LLC O&I PUD INDEPENDENT LIVING 124 ATTACHED I.L. UNITS 8 UNITS PER ACRE · Land Surveying
STOCKBRIDGE STOCKBRIDGE
RESIDENTIAL 176 TOTAL I.L. UNITS · Development Consulting
GR
AN · Landscape Architecture
DR IFL
OR GA TOTAL 276 TOTAL I.L. UNITS 6.6 UNITS PER ACRE · Environmental Permitting
A Y
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MAYGOLD ST
42 GR
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ND
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25
WARBLER WAY
26 1350 Keys Ferry Court
McDonough, GA 30253
27
ATTACHED 770.914.9394
28 AGE-RESTRICTED HOMES
24
29 23 124 UNITS
22
30 21
20
31 19
18
32
17
124 16
33 15
W Y DETACHED
PK

S3 CAPITAL INVESTMENTS, LLC
123 14 AGE-RESTRICTED HOMES
34
13 O GY 52 UNITS
OL
122

SOUTHERN CRESCENT
12
35 97
H N

ERN RAI
EC
121 11
36 98 10 T
9 142

LROAD
37 120 99
TRACT 2 141
38 119 140
100 7 HE
NR

HW
6 CIT Y 139

INDEPENDENT LIVING
96 YO CO
39 118 FS UN

GIA
5 TY 138
101 95 TO
40 117 4 CK 137

OR
BR

K SOUTH
102 3 IDG
94 136

GE
E 143
116 2
41 103 DOG 135
1 144
115 93 PARK 134
42
145
104 133 42
114 146
43

NORFOL
132
92
44 105
113 147
91 CABANA 163
PICKLEBALL

PROJECT NAME
45 106 87 86 85 84 83 82 81 COURTS 162
90 88

CLIENT NAME
112 161 148
107 131
46 89
160 149 FU
111 130 R
108 TU
47 POOL 159
129 TRACT 2
110
155 EG
48 128 DO
109 168
127 TR
156 150 /W
49 167 157
80 126
73 74 75 76 77 78 79 169 151
72 125 158
50 70 71
68 69 166 152
67 176 170
51 65 66 153
64 165
62 63 171 154
52 60 61 175
58 59
57 164 SWMF
53 174 172

54 ATTACHED & DETACHED 173
AGE-RESTRICTED HOMES TRACT 1
55
100 UNITS
56 PROPOSED COMMUNITY CENTER
WITH POOL, FITNESS FACILITY, MEETING ROOMS, 100 YEAR FLOODPLAIN
100 YEAR FLOODPLAIN I DGE BUSINESS CENTER
KBR
TOC
OF S TY
CITY OUN
YC
SWMF H ENR
SWMF
10 POOL

11
9 8 7 6 1
12 5 4 3 2

13

78 79 80 81 82 83 85 86
84
14

15

16 87 88 89 90 91 92 93 94
77 76 95 96 97 98 99 100
75 74 70 NT

REVISIONS
73 72 71 69 ME
AVE
17 IN GP
IST
EX
EXISTING PAVEMENT
18
PROPOSED ACCESS ROAD (PRIVATE)
50
19
49
20 TRACT 1
48
21 60 61 62 63 64 65 66 67 68 A3501.0002-REZ
47
DATE 12-15-2021

EXISTING PAVEMENT EXISTING PAVEMENT
22 SOUTHERN CRESCENT
46 REHABILITATION
23 (NURSING / REHABILITATION
PROPOSED ASSISTED
LIVING FACILITY
CONTRACT #
BUILDING

Q:\A3501.0001\Engineering\Planning\A3501.0002-REZ.dwg, SITE-NORTH, smoore, Jun 01, 2022 - 8:13:17am
EXPANSION
59 58 57 56 55 45 DRAWN BY SDM
24 54 53 52 51
44 The Drawings, Specifications and other documents
prepared by Moore Bass Consulting, Inc. (MB) for
25 this Project are instruments of MB for use solely
43 with respect to this Project and, unless otherwise
provided, MB shall be deemed the author of these
documents and shall retain all common law,
statutory and other reserved rights, including the
26 PROPOSED ACCESS ROAD (PRIVATE) copyright.
42
27
41
1350 KEYS FERRY COURT
28 EXISTING PAVEMENT McDONOUGH, GA 30253
30 31 40 LSF #1179
32 33 34 35 36 37 38
29
39
SEAL

SHEET TITLE
GRAPHIC SCALE
100 0 50 100 200 400 CONCEPTUAL
SITE PLAN

( IN FEET )
2022.03.10
1 inch = 100 ft. SHEET

C Moore Bass Consulting 1
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19,995 ACRES
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PROJECT NO.:
131~

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100· :zoo· JOO"
SCA!.£:1"s100'

DAl'E: 2-11-2015
LEGEND LINE CALL CHART
LINE BEARING DISTANCE
WOODEN POWER POLE - - - - f:J EX. WATER METER-------- EE L1 S 3 0"04' 30" E 3 84.49'
EX. OH POWER LINES- E E
EX. WATER VALVE-------- """
LIGHT POLE - - - - - - - - - - -Q N/F
SANITARY SEWER MANHOLE----69
EX. FENCE - X - X - X - X - X S3 CAPITAL INVESTMENTS LLC
P0B = POINT OF BEGINNING SEWER CLEAN-OUT---------O DB. 13781 PG. 293
IPS = IRON PIN SET (#4 REBAR) STORM HEADWALL--------- 0 PB. 23 PG. 251
DB. = DEED BOOK 071-01034014
EX. SINGLEWING CATCH BASIN ~
PB. = PLAT BOOK ZONED M-1
PG. = PAGE EX. DOUBLEWING CATCH BASIN ~ CITY OF STOCKBRIDGE
N/F = NOW OR FORMERLY JUNCTION BOX----------- 0
EX. = EXISTING E

RCP = REINFORCED CONCRETE PIPE EX. BUILDING------- ~
CMP = CORRUGATED METAL PIPE STOCKBRIDGE CITY LIMITS SS DOUBLE 8 ' X8'
CPP = CORRUGATED PLASTIC PIPE EX. ASPHALT------- - REBAR REBAR E
BOX CULVERT
HANDICAPP PARKING = ().
EX. CONCRETE------ I -·<'·I FOUND S 89"45'27" WFOUND
EX. FIRE HYDRANT - - - - - - - • ~ 11' 133.06' E
\'o . HENRY COUNTY LIMITS SS

RESERVED FOR CLERK OF THE SUPERIOR COURT E

SS

SS

25 ' STATE WATERS BUFF E
so' WATER QUALITY BUFFER,,
SS
75' IMPERVIOUS BUFFER,, ',,

THIS PROPERTY IS SUBJECT TO ALL RIGHT
SS
OF WAYS AND EASEMENTS SHOWN OR NOT
SHOWN, RECORDED OR UNRECORDED. E

THIS SURVEY WAS PREPARED WITHOUT SS
BENEFIT OF A TITLE REPORT WHICH COULD E
REVEAL ENCUMBRANCES NOT SHOWN. ::::::,, <.:

SS
UTILITIES SHOWN ARE LOCATION VISIBLE AT E
TIME OF SURVEY. ADDITIONAL UTILITIES MAY SS
SS
SS
SS E
EXIST ABOVE OR BELOW GROUND. THE SS SS
SURVEYOR ACCEPTS NO RESPONSIBILITY @ - SS SS
SS SS
SS

SS SS
SS SS
FOR THE COMPLETENESS OF THIS DATA.
SS
SS E
OJ SS SS SS
SS
~ I N
SS

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G") 0

N/F fTl C X

MAGNOLIAS AT EAGLES

SS
LANDING PHASE 3 Q
PB. 31 PG. 70 ::;/ r X

ZONED RM
CITY OF STOCKBRIDGE _ _ -i r 3::
f;i
f;i

N/ F
MAGNOLIAS AT EAGLES
LANDING PHASE 1
PB. 30 PG. 1 1
PIN# 071 G0 10570 00
ZONED RM
CITY OF STOCKBRIDGE

SURVEY ORDERED BY: KHALED EL-SAWI
FIELDWORK COMPLETED ON: 4-28-2021
A SEARCH WAS MADE FOR NGS MONUMENTS
AND NONE WERE FOUND WITHIN 500' OF SITE.
1-7 ® r
@ N/F
MAGNOLIAS AT EAGLES

I I LANDING PHASE 1
PB. 30 PG. 11
ZONED RM
CITY OF STOCKBRIDGE
SURVEYORS CERTIFICATION:
THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE
PRECISION OF ONE FOOT IN 47,985 FEET AND AN ANGULAR
This plat is a retracement of an existing parcel or parcels of land and does not ERROR OF 0.01" PER ANGLE POINT AND WAS ADJUSTED
subdivide or create a new parcel or make any changes to any real property boundaries.
USING THE COM PASS RULE.
The recording information of the documents, maps, plats, or other instruments which
THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND WAS FOUND
created the parcel or parcels are stated hereon. RECORDATION OF THIS PLAT DOES NOT
TO BE ACCURATE WITHIN ONE FOOT IN 100,000 FEET. GENERAL NOTES:
IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS, COMPLIANCE WITH
LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY FOR ANY USE OR PURPOSE OF EQUIPMENT USED: TOPCON GTS-313. AREA: 19.995 ACRES
THE LAND. Furthermore, the undersigned land surveyor certifies that this plat complies PARCEL: 0 7 1-0103 40 12
with the minimum technical standards for property surveys in Georgia as set forth in AS PER OFFICIAL FLOOD INSURANCE MAPS BY ZONED 01
the rules and regulations of the Georgia Board of Registration for Professional THE F.E.M.A., A PORTION OF THIS PROPERTY IS MINIMUM LOT AREA= 10,000 SQ.FT. (COUNTY WATER & SEWER)
Engineers and Land Surveyors and as set forth in O.C.G.A. Section 15-6-67. LOCATED IN A FLOOD HAZARD AREA ( ZONE A) MINIMUM LOT WIDTH=1 2 5'
AS PER COMMUNITY - PANEL NUMBER 13151C0156D FRONT SETBACK- - - - so· PROJECT #: B15 008
DATED: OCTOBER 6, 2016 REAR SETBACK - - - - 20 ' BOUNDARY SURVEY
SIDE SETBACK: - - - - 15'
19.995 ACRES
SEWER AS PER HCWA.
WATER AS PER HCWA
SURVEYOR'S CERTIFICATION: DRAWN BY: TLM
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND WAS 300'
PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE ON SCALE: 1 " = 1 oo·
THE GROUND BY ME OR UNDER MY SUPERVISION, AND THAT THE ! DATE: 04/ 29/ 202 1
MONUMENTS REFERENCED HEREON, EXIST AND THEIR SIZES, GRAPHIC SCALE = FEET
LOCATIONS AND MATERIALS ARE CORRECTLY SHOWN.
SHEET: 1 OF 1
RECEP/i::fJ 1:~ OFF /C:
BK: 13781 P6: 293-299
Filed and Recorded Oct-23-2014 os:s1:45AM
~;E:IH r' CCIJ HTY DOCt: D2014-023643
CLERK OF SUPE:rl !0R CDtJRT Real Estate Transfer Tox Poid $110 oo
0752014007392 '
201~ OCT 22 PM I: 30 BARBARA A, HARRISON
CLERK OF SUPERIOR COURT Henry County GA,

Return to:
LANE & KARLO, LLP
1827 Powers Ferry Road
Building Five
Atlanta, Georgia 30339

File No: LK144911
Auction #JOA30-7102

LIMITED WARRANTY DEED

STATE OF GEORGIA

COUNTY OF COBB

THIS INDENTURE, made and entered into this 16th day of October, in the year two
thousand fourteen, by and between

HARVEST POINT UNITED METHODIST CHURCH, INC.

of the County of Henry, and State of Georgia, as party or parties of the first part, hereinafter
called Grantor, and

S3 CAPITAL INVESTMENTS, LLC

as party or parties of the second part, hereinafter called Grantee (the words "Grantor'' and
"Grantee" to include their respective heirs, successors and assigns where the context requires
or permits.)

WITNESSETH that: Granter, for and in consideration of the sum of TEN AND NO/100
($10.00) DOLLARS in hand paid at and before the sealing and delivery of these presents, the
receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and
confirmed, and by these presents does grant, bargain, sell, convey and confirm unto the said
Grantee, the following described property, to-wit:

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BK: 13781 PG: 294

All those tracts or parcels of land lying and being in Land Lots 31, 32 and 33, 7th District, Henry
County, Georgia, and being more particularly described In Exhibit A, attached hereto and made a
part hereof.

This conveyance is made and authorized in accordance with and pursuant to The Book of
Discipline of the United Methodist Church (2012), as set forth and confirmed in and by that
certain Certification and Consent, attached hereto and made a part hereof.

TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights,
members and appurtenances thereof, to the same being, belonging, or in anywise appertaining,
to the only proper use, benefit and behoof of the said Grantee forever in FEE SIMPLE.

AND THE SAID Grantor will warrant and forever defend the right and title to the above
described property unto the said Grantee against the claims of all persons claiming by, through
or under Grantor herein .

IN WITNESS WHEREOF, the Granter has signed and sealed this deed as of the day and
year above written.

Signed, sealed and delivere_d in the HARVEST POINT UNITED METHODIST
presence of: CHURCH, INC.
~-1Ml,/.~r&'-P(.~~-~~L)
ames David McMemmen, Chairman
(President)

By~~~EAL)
Patrick Michael O'Neill, Vice-Chairman
1,1N1 1tt;1
(Vice-President)
My Commission Expires
October 2, 201 ll

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BK: 13781 PG: 295

EXHIBIT A

TRACT I: All that tract or parcel of land lying and being in Land Lots 31, 32 and 33 of the 7th
District of Henry County, Georgia, and being 14.I 69 acres designated as Tract I on a plat of survey
prepared for Davis Development, Inc., prepared by Carlton Rakestraw, Jr. of Carlton Rakestraw &
Associates, Ga. R.L.S. #2236, dated July 11, 2003, and last revised September 3, 2003, whicli. said
plat of survey is incorporated herein and by reference thereto being more particularly described as
follows:
TO FIND THE 'ffiUE POINT OF BEGINNING, commence at an iron pin set on the Southwestern
right-of•way line of S.R. 42/U.S. 23 (801 R/W), said iron p~ ~ ;~t.St ~ ~ y as
measured along said right~f-way line from its intersection with~ ~ rig1¢"6f~y lit,ie of,
Tunis Drive; thence leaving said rigbt~f-way line South 59' degn,¢$ S(i :minutes S4 sooonds West
447.09 feet to a ½" R.R. found; thence proceeding South 30 degrees 02 minutes 01 second East
100.14 feet to an iron pin set; thence proceeding South 59 degrees SS minutes 51 seconds West
1l'.3.17 feet to an iron pin set~ thence proceeding North 30. degrees 04 minutes 09 seconds West
138.00 feet to a½"' R.R. found; thence proceeding South 59 degrees 55 minutes Sl seconds West
320.47 feet to a½" R.R. found at the TRUE POINT OF BEGINNING; thence proceeding from said
true point of beginning South 23 degrees 24 minutes 14 seconds West 71.99 feet to a½" R.R.
found; thence proceeding South 71 degrees 56 minutes 43 seconds West 150.56 feet to a ½" R.R.
found; thence proceeding North 65 degrees 57 minutes 01 second West 115.18 feet to aw• R.R.
found; thence proceeding South 88 degn,es 21 minutes 41 seconds West 280.93 feet to a½" R.R.
found; thaice procemg South 78 dearec,s 36 minutes 17 seconds West 3U.03 feet to.a ½" R.R.
found; ·thence proceeding South 38 degrees·S8 minutes 41 aeconds Wm 549.45 feet to a ½" R.R.
found on the Bastem right-of-way line of Southern Railway (1 SO' R/W); thence proceeding along
the Eastern right-of-way line of Southern Railway North 09 degrees 06 minutes 42 seconds Bast
1.345.95 feet to an iron pin set; the.nee leaving the Eastern right-of.way line of Southern Railway
South S4 degrees 14 minutes 16 seconds East 932.52 feet to a ½" R.R. found; the.nee proceeding
South 47 degrees 05 minutes 54 seconds East 325.48 feet to a ½" R.R. found at the TRUE POINT
OF BEGINNING. ~

TRACT 11: All that tract or parcel of land lying and being in Land Lot 31 of the 7th District of
Henry County, Georgia, and being 7.841 acres designated as Tract Ilona plat of survey prepared
for Davis Development, Inc., prepared by Carlton Rakestraw, Jr. of Carlton Rakestraw &
Associates, Ga. R.L.S. #2236, dated July 11, 2003, and last revised September 3, 2003, which said
plat of survey is incorporated herein and by reference thereto being more particularly described as
follows:

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Henry County Water Authority
Engineering Division

May 23, 2022

Re: Water and Sewer Services - Availability
Proposed Development: Age Restricted Residential Development
Property Information: 2125 Hwy 42 North Parcel Nos. 071-01034012, 071-01034014
LLs 31, 32, 33 & 34; District 7; 42.0+/- acres
Zoning: PUD
Sewer Basin: Walnut Creek
Watershed Basin: Big Cotton Indian

TO WHOM IT MAY CONCERN:

You have requested that this Authority provide you with information concerning the present
availability of water and sewer services to the above-described property. This letter is being
provided for informational purposes only and will not act to reserve water capacity to you or the
property and will not create any liability to the Authority. The information contained in this letter
will remain in effect for a period of 365 days from the date of this letter unless subsequently
notified in writing by the Authority. The information provided herein is based upon the above-
stated zoning of the property. Any deviation in zoning that would increase density or usage above
that evaluated by the Authority will automatically void the information provided herein and will
require a separate re-evaluation by this Authority.

Water service is available to the property described above. A fire flow test calculated in the area
revealed the following data:

Static: 108 psi
Residual: 98 psi
Flow 1570 gpm
Calculated Flow @ 20 psi: 5080 gpm

As shown, these results are above the minimum adopted standards of 20 psi residual pressure at
1000 gpm for said proposed conditional use as established by the Henry County Board of
Commissioners.

Sewage treatment and sewer line capacity are available for the property. Please note that the
proposed layout for the project is in conflict with an existing 8-inch sewer line; consequently,
the sewer will have to be relocated at the developer’s expense. Additionally, an easement will be
required to access the sewer line from Hwy 42 North.

100 Westridge Industrial Boulevard • McDonough, GA 30253 • 678-583-3800 • www.hcwa.com
The Authority provides water and sewer services where capacity is available on a first-come, first
served basis. Each customer, developer, and property owner must also comply with the rules,
regulations, and ordinances of the Authority.

The Authority will reevaluate the availability of water and sewer services to the property at the
time that the development plans are submitted. If there are any additional requirements, or if water
or sewer capacity is not available, you will be notified in writing.

This letter was prepared with information submitted to HCWA on a Conceptual Site Plan dated
05/17/22 prepared by Moore Bass Consulting, Inc.

Scott Sage, P. E.
Engineering Division Manager
Henry County Water Authority
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STATEMENT OF INTENT

and

Other Material Required by
City of Stockbridge Zoning Ordinance

For

Annexation, Rezoning, and Future Land Use Map Amendment

of

S3 Capital Investments, LLC
c/o Battle Law, P.C.

for

19.995 +/- Acres located at PIN #071-01034012, 071-01034014
Highway 42 and Summit View Drive

Submitted for Applicant by:

Michèle L. Battle, Esq.
Battle Law, P.C.
Habersham at Northlake, Building J, Suite 100
Tucker, Georgia 30084
(404) 601-7616 Phone
(404) 745-0045 Facsimile
mlb@battlelawpc.com

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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I. LETTER OF INTENT

S3 Capital Investments, LLC (the “Applicant”) is requesting annexation into the Incorporated
City of Stockbridge for the rezoning of 19.995 acres of land, which is further described as parcel
071-01034012. The subject property is currently developed under the unincorporated Henry County
Office and Institutional and Mixed-Use zoning districts. The applicant is requesting to be rezoned
from OI, LI and MU to PUD a companion Future Land Use Map Amendment request to change the
land use designation from Light Industrial to High Density Residential.

The subject property will be adjacent to the Southern Crescent Rehabilitation Center, which is
zoned Mixed Use. S3 Capital Investments’ proposal includes 52 detached housing units and 124
attached units for an age-restricted independent living community. The applicant is requesting the
petition of zoning and other applicable zoning actions to obtain approval and acceptance of the
annexation of both parcels of land which will include a total of 276 total units, which 100 of the
units will be provided as part of the South Crescent tract that is designated for assisted living,
nursing and rehabilitation.

CURRENT PROPOSED CURRENT PROPOSED
STE AREA PARCEL ID# PROPERTY OWNER PROPOSED USE PROPOSED UNITS
JURISDICTION JURISDICTION ZONING ZONING

ASSISTED LIVING, NURSING /
REHABILITATION, 7 DETACHED I.L. UNITS
SOUTHERN CRESCENT UNINCORPORATED CITY OF MU (MIXED
20.0 AC. 071-01034012 PUD AGE-RESTRICTED, 93 ATTACHED I.L. UNITS
REHAB HENRY COUNTY STOCKBRIDGE USE)
INDEPENDENT LIVING 100 TOTAL IL UNITS
RESIDENTIAL (IL )

AGE-RESTRICTED, 52 DETACHED IL UNITS
CITY OF CITY OF
220 AC. 071-01034014 S3 CAPITAL INVESTMENTS, LLC O&I PUD INDEPENDENT LIVING 124 ATTACHED 1.L. UNITS
STOCKBRIDGE STOCKBRIDGE
RESIDENTIAL 176 TOTAL I.L. UNITS
TOTAL 276 TOTAL IL UNITS

The applicant currently has a list of conditions for the proposed development that is being revised
for the transition into the City of Stockbridge. This document is currently being drafted and will be
submitted as an attachment to this application.

This document is submitted as a Statement of Intent with regard to this Application, preservation
of the Applicant’s constitutional rights, and an application of the criteria provided in the Steinberg
3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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Act to provide a rigorous analysis of the proposed rezoning and land use amendment. A surveyed
plat and conceptual site plan of the Subject Property has been filed contemporaneously with the
Application, along with other required materials.

II. REVIEW CRITERIA FOR JUSTIFICATION

A. Whether the zoning proposal will permit a use that is suitable in view of the use
and development of adjacent and nearby property The zoning proposal will permit
a use that is suitable in view of the use and development of the adjacent and
nearby property.

The Subject Property is abutted by a residential neighborhood to the south. There
are commercial-zoned parcels adjacent east and north of the property. The
Southern Crescent site is currently developed and the adjacent tract, which is
referenced as tract 2 is currently undeveloped with heavy tree coverage throughout
the parcel. The proposed use appears to be suitable in view of the surrounding
properties as a residential addition to the Highway 42 corridor.

B. Whether the zoning proposal will adversely affect the existing use or usability of
adjacent or nearby property The land use amendment and zoning proposal will
not adversely affect the existing use or usability of adjacent or nearby property.

The proposed land use amendment and zoning proposal will allow the Applicant to
improve upon the area surrounding the Subject Property by bringing high-quality
architectural design, road access through the Subject Property, jobs, and senior
services that are in high demand according to the regional market.

C. Whether the property will be affected by the zoning proposal has a reasonable
economic use as currently zoned.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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The Subject Property does have a reasonable economic use as zoned. However, the
land-use amendment and zoning proposal will not change this fact. There is an
annexation request which will allow this development to be added to the City of
Stockbridge. We believe that this project would best benefit from the regulations
established within the City of Stockbridge Zoning Ordinance.

D. Whether the zoning proposal will result in a use that will or could cause excessive
or burdensome use of existing streets, transportation facilities, utilities or schools.

The land use amendment and zoning proposal will not result in a use which will or
could cause excessive or burdensome use of existing streets, transportation
facilities, utilities or schools.

E. Whether the zoning proposal is in conformity with the policy and intent of the
land-use plan. The land use amendment and zoning proposal is in conformity with
the policy and intent of the land-use plan.

The zoning proposal is appropriate for the simultaneous land use amendment
because the assigned land use designation is not compatible as industrial land use.
The proposed site will be residential with a low-density yield. The requested change
appears to be more conforming with the area given that there are existing
residential land uses adjacent to the subject property.

F. Whether there are other existing or changing conditions affecting the use and
development of the property which give supporting grounds for either approval or
disapproval of the zoning proposal.
The Applicant is aware of the conditions that were assigned by Henry County’s staff.
The applicant intends to carry some of the conditions with some alterations in the

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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language that will best suit the development regulations and policies of the City of
Stockbridge.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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III. NOTICE OF CONSTITUTIONAL ALLEGATIONS AND PRESERVATION OF APPLICANT’S
CONSTITUTIONAL RIGHTS

The portions of the City of Stockbridge Ordinance, facially and as applied to the Subject
Property, which restricts or classify or may restrict or classify the Subject Property so as to prohibit
its development as proposed by the Applicant are or would be unconstitutional in that they would
destroy the Applicant’s property rights without first paying fair, adequate and just compensation for
such rights, in violation of the Fifth Amendment and Fourteenth Amendment of the Constitution of
the United States and Article I, Section I, Paragraph I of the Constitution of the State of Georgia of
1983, Article I, Section III, Paragraph I of the Constitution of the State of Georgia of 1983, and would
be in violation of the Commerce Clause, Article I, Section 8, Clause 3 of the Constitution of the
United States.

The application of the City of Stockbridge Zoning Ordinance to the Subject Property which
restricts its use to any classification other than that proposed by the Applicant is unconstitutional,
illegal, null and void, constituting a taking of Applicant’s Property in violation of the Just
Compensation Clause of the Fifth Amendment to the Constitution of the United States, Article I,
Section I, Paragraph I, and Article I, Section III, Paragraph I of the Constitution of the State of
Georgia of 1983, and the Equal Protection and Due Process Clauses of the Fourteenth Amendment
to the Constitution of the United States denying the Applicant an economically viable use of its land
while not substantially advancing legitimate state interests.

A denial of this Application would constitute an arbitrary irrational abuse of discretion and
unreasonable use of the zoning power because they bear no substantial relationship to the public
health, safety, morality or general welfare of the public and substantially harm the Applicant in
violation of the due process and equal protection rights guaranteed by the Fifth Amendment and

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph I
and Article I, Section III, Paragraph 1 of the Constitution of the State of Georgia.

A refusal by the City Council/ Commission to amend the land use and/or rezone the Subject
Property to the classification as requested by the Applicant would be unconstitutional and
discriminate in an arbitrary, capricious, and unreasonable manner between the Applicant and
owners of similarly situated property in violation of Article I, Section I, Paragraph II of the
Constitution of the State of Georgia of 1983 and the Equal Protection Clause of the Fourteenth
Amendment to the Constitution of the United States. Any rezoning of the Property subject to
conditions which are different from the conditions requested by the Applicant to the extent such
different conditions would have the effect of further restricting the Applicant’s utilization of the
property, would also constitute an arbitrary, capricious and discriminatory act in zoning the Subject
Property to an unconstitutional classification and would likewise violate each of the provisions of
the State and Federal Constitutions set forth herein above.

A refusal to allow the land use amendment and/or rezoning in questions would be
unjustified from a fact-based standpoint and instead would result only from constituent opposition,
which would be an unlawful delegation of authority in violation of Article IX, Section II, Paragraph IV
of the Georgia Constitution.

A refusal to allow the land use amendment and/or rezoning in question would be invalid
inasmuch as it would be denied pursuant to an ordinance which is not in compliance with the
Zoning Procedures Law, O.C.G.A Section 36-66/1 et seq., due to the manner in which the Ordinance
as a whole and its map(s) have been adopted. The existing land use designation and/or zoning
classification on the Subject Property is unconstitutional as it applies to the Subject Property.

This notice is being given to comply with the provisions of O.C.G.A. Section 36-11-1 to
afford the City an opportunity to revise the Property to a constitutional classification. If action is not

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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taken by the City to rectify this unconstitutional land use designation and/or zoning classification
within a reasonable time, the Applicant is hereby placing the City on notice that it may elect to file a
claim in the Superior Court of Henry County demanding just and adequate compensation under
Georgia law for the taking of the Subject Property, diminution of value of the Subject Property,
attorney’s fees and other damages arising out of the unlawful deprivation of the Applicant’s
property rights.

The portions of the City of Stockbridge Ordinance, facially and as applied to the Subject
Property, which restricts or classify or may restrict or classify the Subject Property so as to prohibit
its development as proposed by the Applicant are or would be unconstitutional in that they would
destroy the Applicant’s property rights without first paying fair, adequate and just compensation for
such rights, in violation of the Fifth Amendment and Fourteenth Amendment of the Constitution of
the United States and Article I, Section I, Paragraph I of the Constitution of the State of Georgia of
1983, Article I, Section III, Paragraph I of the Constitution of the State of Georgia of 1983, and would
be in violation of the Commerce Clause, Article I, Section 8, Clause 3 of the Constitution of the
United States.

The application of the City of Stockbridge Zoning Ordinance to the Subject Property which
restricts its use to any classification other than that proposed by the Applicant is unconstitutional,
illegal, null and void, constituting a taking of Applicant’s Property in violation of the Just
Compensation Clause of the Fifth Amendment to the Constitution of the United States, Article I,
Section I, Paragraph I, and Article I, Section III, Paragraph I of the Constitution of the State of
Georgia of 1983, and the Equal Protection and Due Process Clauses of the Fourteenth Amendment
to the Constitution of the United States denying the Applicant an economically viable use of its land
while not substantially advancing legitimate state interests.

A denial of this Application would constitute an arbitrary irrational abuse of discretion and
unreasonable use of the zoning power because they bear no substantial relationship to the public
health, safety, morality or general welfare of the public and substantially harm the Applicant in

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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violation of the due process and equal protection rights guaranteed by the Fifth Amendment and
Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph I
and Article I, Section III, Paragraph 1 of the Constitution of the State of Georgia.

A refusal to allow the special land use permit in question would be unjustified from a fact-
based standpoint and instead would result only from constituent opposition, which would be an
unlawful delegation of authority in violation of Article IX, Section II, Paragraph IV of the Georgia
Constitution

IV. Conclusion

Thank you for your consideration for this project. The applicant is more than willing to provide
any additional documents and supporting details. For the foregoing reasons, the Applicant
respectfully requests that the simultaneous Annexation, Land Use Amendment, and Rezoning
application at issue be approved. The Applicant also invites and welcomes any comments from Staff
or other officials of the City of Stockbridge so that such recommendations or input might be
incorporated as conditions of approval of this Application.

This 1st day of June 2022.

Respectfully submitted,

Michele L. Battle, Esq. Attorney for the Applicant

c/o Tyler McSwain, Senior Urban Planner

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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