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date: 2006-10-09
title: October 9, 2006 Minutes
source: 2006-10/2006-10-09_October 9, 2006_Minutes.pdf
pages: 1
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October 9, 2006

EXHIBIT D CONDITIONS

"EXHIBIT D"

CONDITIONS

The Mayor and City Council grant this conditional use subject to the following conditions:

1. Prior to entering into any lease, the owner of the property shall submit, the following to the City in
writing:
(b) the maximum number of people that will be occupying the premises;
(c) the location of restroom facilities;
(d) the location of entrances and fire exits;
(e) the total number of parking spaces that will be made available during church
and meeting times.
(f) a schedule of all church and meeting services;
2. Copies of the written documentation required in (1) above shall be submitted to the City Clerk, Code
Enforcement Officer, and the Fire Marshal of the City of Stockbridge. The Code Enforcement Officer
and the Fire Marshal or his designee shall inspect the premises to determine and ensure that the
premises meet all fire and safety codes of the City and that there is sufficient parking located on the
premises for the church’s operation. The Fire Marshal and Code Enforcement Officer will complete
their investigation within thirty (30) days of the receipt of the written documentation required by (1)
above,
3. If the City determines that it cannot provide an on police officer to direct traffic, and the City notifies the
property owner of the same, the property owner will provide, at his expense, an off policeman to direct
traffic during regularly scheduled church service and meeting times, which are regularly attended by
the congregation as a whole.
4. No lease for church purposes shall be any longer than twelve (12) months. The church must relocate
within said twelve (12) month period.
5. The renewal of any license to sell or serve distilled spirits, wine, or malt beverages under Title 9,
Chapter 9.04 of the Code of the City of Stockbridge shall not be affected by the subsequent rental of a
portion of the premises for church purposes.
6. No space may be occupied for church purposes if it is within one (100) yards of an existing facility that
is licensed to sell or serve distilled spirits, wine, or malt beverages under Title 9, Chapter 9.04 of the
Code of the City of Stockbridge. Said distance shall be measured according to Section 9.04.070 of the
Code of the City of Stockbridge. This provision shall become effective twelve (12) months from the
date hereof.
7. If the owner of the property or subsequent lessee of the property fails to comply with City ordinances,
the City reserves the right to revoke the conditional use granted hereunder and the Certificate of
Occupancy issued, after notice and a hearing before the Mayor and Council.

REGULAR MEETING

CITY OF STOCKBRIDGE OCTOBER 9, 2006
HENRY COUNTY, GEORGIA MINUTES

The Regular Meeting of the Stockbridge City Council was held on October 9, 2006 at 6:00 PM. Mayor
R.G.Kelley presided and members present were Harold Cochran, Fred Evans, W. A. Gardner, Steve Moon
and Leila Turner.

Harold Cochran made a motion to convene; Steve Moon seconded, and passed unanimously.

Steve Moon gave the invocation.

Harold Cochran made a motion to approve minutes of September 11, 2006 Council Meeting; Fred Evans
seconded, and passed unanimously.

Mayor Kelley welcomed guests.

PLANNING AND ZONING

Annexation

VELMA E. DORSEY, 608 REDBUD LANE requested annexation of property located at 608 Redbud Lane in
the Windsong Plantation Subdivision. The property is located in Land Lot 3 of the 12th District and is zoned
PD (Planned Development).

Fred Evans made a motion to annex; Leila Turner seconded, and passed unanimously.
Fred Evans made a motion to leave zoning as PD (Planned Development); Steve Moon seconded, and
passed unanimously.

ORDINANCE – OCCUPANCY LIMITATIONS IN SINGLE-FAMILY RESIDENTIAL DISTRICTS – A.J.Welch,
City Attorney, explained that several month ago the Council requested that he look into an amendment to our
existing zoning ordinance to establish who and how many can live in a single family dwelling. Mr. Welch has
prepared an ordinance that applies to all family dwellings. The ordinance does not affect family or family
relationships. If a person living in the house is third degree consanguinity or the second degree affinity then
they would be allowed to reside in the house with the owner of the house. As example, husband and wife,
children, grandparents, some degree of cousins, brothers, sisters, aunts and uncles basically covers both of
those areas. The Council has a copy of the ordinance and relatives are specifically listed in there and it does
not affect families as such.

There is a provision in the ordinance that if there are more than four vehicles located at a particular site, then
the code enforcement agent can obtain the tag numbers and ownership of the vehicle. If the vehicles are at
the site the majority of the days in a twenty-one (21) day period that is prima facie case that they are living
there. Then the burden would be on the person to show that they are within the requirements of the statute.

As you know, most of the new subdivisions within the City of Stockbridge are covered by rules and regulations
of the subdivisions themselves that are part of the title to the property and are restrictions on the use of the
property; which are in most cases significantly more limiting than what the City is doing but this would in
escence apply to all dwellings. If you have restrictive covenants they would be governed by a different set
of laws. Those could be enforced by the people authorized to enforce them. This ordinance will protect the
older areas of Stockbridge where there are not restrictive covenants of record; or areas of Stockbridge where
the restrictive covenants have expired by operation of law. Staff has gone over this and its been presented
to Henry County Planning and Zoning Board and they have submitted a report of no comment and it is Staff
recommendation that the Council adopt this ordinance tonight since it is an amendment to the Zoning
Ordinance the Council will be required to hear from the pubic on the matter.

Mayor Kelley asked if anyone present wants to speak on this matter. Mark Meeks asked if this means one
week and four days that someone can stay in your house. Mr. Welch responded that if someone is in the
house the majority of twenty-one (21) days which would obviously be eleven (11) days then you would be
considered a resident of that house.

Steve Moon made a motion to approve the ordinance; Harold Cochran seconded, and passed unanimously.
ORDINANCE – CAR RENTAL OR LEASING FACILITY – A. J. Welch stated that this ordinance basically is
a definition change so Planning and Zoning Board and Code Enforcement can enforce the issues concerning
car rental and leasing facilities and where they must be located. They now must be located in a C-2 location.
You would have to obtain a C-2 zoning and occupational tax license to operate a car rental or leasing facility.
Staff has reviewed this change and he also recommends approval.

Fred Evans made a motion to approve; Leila Turner seconded, and passed unanimously.

Steve Moon asked if this affects any of the car rentals that we have currently in the city limits would that be
the right zoning. Mr. Welch said that is correct as long as they comply with the ordinance. Once they come
back for renewal licensing, if they don’t have the correct zoning, they will have to get the correct zoning. The
main point is not letting these businesses spread into the O-I and industrial areas by containing it solely in
commercial areas.

Conditional Use

CARREKER DEVELOPMENT, Stockbridge, GA requesting a Conditional Use for property located at 3267,
3281 and 3287 Highway 42 North, north of Parkland Drive. The property is located in Land Lot 32 of the 12th
District, consisting of 2.95 acres. The request is for multiple churches with religious facilities within a
commercial strip center.

A.J.Welch advised the Council that the Henry County Zoning Department conducted the hearings on this
request and the City’s staff have produced their report and he gave the Council a list of special conditions
that staff recommended. If anyone from Carreker Development wishes to speak the Council will be glad to
hear from them. Jeff Carreker was present and he reviewed the conditions while Mr. Welch read them for
the minutes.

CONDITIONS
The Mayor and City Council grant this conditional use subject to the following conditions:

1. Prior to entering into any lease, the owner of the property shall submit, the following to
the City in writing:
(a) a drawing of the actual area that will be occupied for church
(b) the maximum number of people that will be occupying the premises;
(c) the location of restroom facilities;
(d) the location of entrances and fire exits;
(e) the total number of parking spaces that will be made available during
church or meeting times.
(f) a schedule of all church and meeting services;
2. Copies of the written documentation required in (1) above shall be submitted to the City
Clerk, Code Enforcement Officer, and the Fire Marshal of the City of Stockbridge. The
Code Enforcement Officer and the Fire Marshal or his designee shall inspect the premises
to determine and ensure that the premises meet all fire and safety codes of the City and
that there is sufficient parking located on the premises for the church’s operation. The Fire
Marshal and Code Enforcement Officer will complete their investigation within thirty (30)
days of the receipt of the written documentation required by (1) above,
3. If the City determines that it cannot provide an on site police officer to direct traffic, and
the City notifies the property owner of the same, the property owner will provide, at his
expense, an off duty policeman to direct traffic during regularly scheduled church service
and meeting times, which are regularly attended by the congregation as a whole.
4. No lease for church purposes shall be any longer than twelve (12) months. The church
must relocate within said twelve (12) month period.
5. The renewal of any license to sell or serve distilled spirits, wine, or malt beverages under
Title 9, Chapter 9.04 of the Code of the City of Stockbridge shall not be affected by the
subsequent rental of a portion of the premises for church purposes.
6. No space may be occupied for church purposes if it is within one (100) yards of an existing
facility that is licensed to sell or serve distilled spirits, wine, or malt beverages under Title
9, Chapter 9.04 of the Code of the City of Stockbridge. Said distance shall be measured
according to Section 9.04.070 of the Code of the City of Stockbridge. This provision shall
become effective twelve (12) months from the date hereof.
7. If the owner of the property or subsequent lessee of the property fails to comply with City
ordinances, the City reserves the right to revoke the conditional use granted hereunder
and the Certificate of Occupancy issued, after notice and a hearing before the Mayor and
Council.

Mr. Welch stated that staff recommends these conditions be applied because it is a Conditional Use in a
commercial zone. Mr. Carreker had an objection to Number 6 where a Church could not occupy within a
hundred yard of an existing facility that is licensed to sell. If possible, they would like a special condition for
the two (2) churches that are there now at the end of the twelve (12) months of course they will be gone and
any new one that comes in they will be glad to comply with the condition. They are in this situation because
of misunderstanding. Everyone is aware that Henry County approved the situation not realizing that it should
have come before the Council so they placed two (2) churches in their building. If those two (2) churches
can stay until twelve (12) months from today they want have an issue. Mr. Welch stated that he would have
no problem in recommending to the Mayor and Council that the two (2) that are there be allowed to stay
twelve (12) months and after that period of time all of these conditions would apply from this day forward
except for those two (2) specific churches. At the end of twelve (12) months it will all apply to them. They
cannot be there if there is alcohol being sold and vice versa.
Mr. Welch asked the names of the two churches. Mr. Carreker responded with New Horizon and Cross
Roads. Mr. Welch advised the Council that a number of cities have gone to an ordinance dealing with meeting
or gathering places and having a separate zoned area for meeting and gathering places. He has asked for
copies of those ordinances from the Georgia Municipal Association and he will be reviewing those ordinances
and will provide the Council with information before any action is taken. That will be one way to resolve the
problems for people renting and they will know if they qualify to start a church in a commercial district.
Mayor Kelley asked if anyone had a question regarding this matter. He advised the Council that a motion
should be made to approve with conditions with the exception of Number 6 which would apply to these two
churches at the end of twelve months.
Steve Moon made a motion to approve with conditions with the exception of Number 6 for these two churches;
Leila Turner seconded, and passed unanimously.
TOM PAPAGEORGE, SIZEMORE GROUP – Mayor Kelley introduced Mr. Papageorge to give the Council
and the public a general update concerning progress on the Downtown Redevelopment project and City Hall
design.

Mr. Papageorge said that he was glad to be here today to present the portion of the design that Sizemore
has been released to do on City Hall and he will briefly go through where they are on the project and turn it
over to Pete Moreley, architect to review the plans. The building design process is about thirty-five (35%)
percent complete. This is the first phase of a three part design consisting of schematic design, design
development and work and drawings. The bid period will probably be at the beginning of April and the bid
opening will be at the end of April and hopefully the building will be complete at the end of eleven (11) months.
That’s the game plan and strategy of presenting this product.

The new City Hall will anchor the town green area. Last Thursday they presented this scheme to the Building
Committee, Redevelopment Agency and everyone was really excited about the design. A couple of things
they wanted to do in terms of the design they wanted to have a dynamic presence as you cross the bridge
on North Henry Boulevard and the front entrance of the building fronts as you come over the bridge. It also
has a strong presence on East Atlanta Road and on the corner of the town green that will be developing.

In terms of the floor plans, it’s basically a three story building slightly less than twenty-nine thousand (29,000’)
square feet. The building will take advantage of the sloping site with a back entrance that leads into a small
lobby where utility billing, finance area and tax department will be located. The primary entrance will be
located on the front of the building with grand stairs going into a columned arcade that leads into the building
with a grand lobby on the second level. On this level is the administrative offices, copy/work/file areas, large
conference room and break room and support functions. On the upper level is the Council chambers,
breakout rooms and council member’s offices, etc. with a great view looking over the bridge and green space.
The building will be an all brick building the sloping roofs.
Sizemore has developed elevations and prospectus you can see the character of the building. The building
will say City Hall and Stockbridge and everyone got excited with the images projected when the design was
unveiled last week.

Tom Papageorge stated that Sizemore Group was directed by Ted Strickland and the City’s planning group
was to put together an architectural program and was approved by the Council at the last meeting. At one
point it was discussed to have a two story building with a finished basement and this is what we have but the
terminology is changing to call it a three story building. The basement will be called the ground floor with two
floors above the ground floor with all the programs are integrated in this building at this point. The preliminary
design was presented to the authority last week and they recommended presenting the proposed design to
the Council for their approval.

Mr. Welch stated that a lot of time has been spent by the building committee and staff in putting this together.
There were other designs but once they brought out this design as far as everyone concerned this was the
design everyone really liked. The Council needs to approve the design tonight which will authorize Sizemore
to finalize the plans and construction can begin. Once the plans have been finalized they will be sent to
Henry County Planning and Zoning for review. Ray Gibson stated if they will bring the plans to them earlier
they will get a head start on the review. Mr. Welch explained that so far this has been more of an organization
of where offices will be located, size of offices, layout and flows and those types of things. It will all go through
regular zoning and building department procedures.

Steve Moon made a motion to approve design and move forward; Harold Cochran seconded, and passed
unanimously.

JANE RUTLEDGE, OLA, GA, would like to discuss Urban Redevelopment. Mrs. Rutledge failed to appear.

2007 PROPOSED BUDGET. Mayor Kelley presented the 2007 proposed budget to the Council for review.
Discussion of the budget will be heard at the November 13, 2006 Council Meeting. Adoption of the proposed
budget will be held at the December 11, 2006 Council Meeting.

MASSAGE ENVY, GREGORY L. WARNER, SR. requested an occupation tax license to operate a massage
establishment at 1046 Hudson Bridge Road adjacent to the new Walmart. They are requesting two (2)
variances.

1. To extend closing hour from 9:00 PM to 10:00 PM.
2. To remove observation windows from individual rooms.
Mayor Kelley reminded the Council what they went through getting the observation windows installed in the
other massage establishments. Mr. Warner was asked to come up before the Council and explain why the
Council should treat him different from the other massage establishments.

Mr. Warner stated that he sent a package to City Hall to forward to Mr. Welch for review of their business.
Mr. Warner explained that Massage Envy is a franchise business and not a massage parlor. It was started
about four (4) years ago in Phoenix, Arizona. The owner of Massage Envy, the franchisor, worked with
physical fitness clubs. Customers wanted more in the massage area, real massages and the owner
eventually decided to open Massage Envy. Massage Envy is the trademark name. Massage Envy is a
massage therapy clinic. There is currently one hundred and thirty (130) Massage Envy’s across the United
States in twenty-two (22) states. All of their clinics are located in highly visible well lit areas. They plan to
bring the medical benefit of massage down to the level of the average citizen.

Their goal is to make sure their customers are protected and the protection of privacy for them is very
important. They do not lock doors, the clinics are very well lit and located in well lit public places. They are
located on Hudson Bridge Road adjacent to the new WalMart which is a 24 hours seven (7) day WalMart
Center. It will be extremely well lit front and back 24 hours a day. Their clientele is primarily seventy (70%)
percent female and thirty (30%) male.

The first variance they are requesting is changing the closing hour from 9:00 PM to 10:00PM. That is the
standard franchise hours for Massage Envy across the country Monday through Friday from 8:00 AM to 10:00
PM. On Saturday their hours are from 8:00 AM to 6:00 PM and Sunday from 10:00 AM and 6:00 PM. There
are over four hundred (400) appointments available per week a client can basically take up the phone in the
parking lot and call-in and walk-in and get a massage. That is the sole purpose of this. The foyer of the
Massage Envy is an all glass front. If you have seen the building it is completely open. There is no shaded
glass or any obstructions as you walk-in, there are thirteen (13) massage therapy clinic rooms. Each room
has a very professional atmosphere. There is a quiet room for client relaxation. There will be an employee
lounge and electrical room. The construction documents will be completed within the next few days if the
variance is approved.

The other variance is to eliminate the observation window used by code enforcement to view the interior of
the massage room to see if any illegal activity if going on. This is not something he personally has a problem
with unless he was the customer. He could put a window in and hide it from the customer by putting a picture
frame over the window so the officer could look in.

Mayor Kelley responded “NO” because the ordinance does not call for putting a picture frame over the
window. Mayor Kelley pointed out to Mr. Warner that he explained and the Council understands his situation.
The Council is concerned that if he meets all the qualifications then the Council has to consider the two
variances. Because Massage Envy is a national franchise company does not sway him one way or another
but he doesn’t vote because the Council is the voting body. Mayor Kelley said he does not see why Massage
Envy should be treated any different from other massage establishments. In other words, they are expecting
the City to change the ordinance to suit Massage Envy. The Council has gone over this matter in the last
year and a half to two years and he cannot conceive why the Council would even consider changing our
ordinance because they don’t like the ordinance. If you want to come to Stockbridge and do business then
comply with our ordinances.

Mr. Welch stated that the staff recommendation is that the two conditions requested are denied, and if he
complies with the requirements of the ordinance Massage Envy will be granted a license.

Harold Cochran made a motion to deny the two requests for variances; W. A. Gardner seconded, and passed
unanimously.

DONNA BOWMAN, 611 LANDING POINT, VILLAS @ EAGLES LANDING, requested a business license
to operate an event planner and wedding consultant business from an apartment home. She was advised
that we do not issue home occupation licenses in apartment buildings and she wants to discuss with Council.
Mayor Kelley noted that Ms. Bowman failed to appear and recommended denial of her request.

Harold Cochran made a motion to deny; W. A. Garner seconded, and passed unanimously.

KINDNESS WEEK RESOLUTION – Mayor Kelley stated that this resolution recognizes the week of
November 13-19, 2006 as Kindness Week as November 13-19, 2006. The City’s ceremony will be held in
Municipal Park adjacent to City Hall at 6:00 P. M. on November 14, 2006. Mayor Kelley and Council invited
the public to attend. Bill Turpin to provide music.

STOCKBRIDGE BILLIARDS, 112 NORTH BERRY STREET, JOSH McCULLOUGH, OWNER, applied by
application for an occupational tax license for a restaurant and billiard center. Application for alcohol (beer
and wine), supporting documents and fees have been received and meet the requirements of the ordinance.

Fred Evans made a motion to approve; Harold Cochran seconded, and passed unanimously.

FAT’S WINGS, INC., VALERIE JACKSON, OWNER, 2250 HIGHWAY 42 NORTH – made application to
serve beer at this location. Supporting documents and fees have been received and meet the requirements
of the ordinance.
Fred Evans made a motion to approve; Steve Moon seconded, and passed unanimously.

EXECUTIVE SESSION

Mayor Kelley stated that the Council needs to go into Executive Session to discuss the purchase of real
estate, pending litigation and personnel matters.

Fred Evans made a motion to adjourn Regular Meeting; Harold Cochran seconded, and passed unanimously.

W. A. Gardner made a motion to go into Executive Session; Steve Moon seconded, and passed unanimously.

Fred Evans made a motion to adjourn Executive Session; Harold Cochran seconded, and passed
unanimously.

Fred Evans made a motion to reconvene Regular Session; Harold Cochran seconded, and passed
unanimously.

AMERICAN CANCER SOCIETY, ERIC BAILEY – addressed the Council regarding the causes of cancer
and discussed what local governments can do to hold up the true spirit and intent that no one is subjected to
second hand smoke in public places. A. J. Welch pointed out to Mr. Bailey that the City adopted the American
Cancer Society recommendations over six months ago. Mr. Bailey thanked the Council for being ahead of
the curve and giving him the time to discuss these matters with the Council.

COCHRAN PUBLIC LIBRARY – Mayor Kelley stated that the Council needs to approve the purchase of a
piece of property. Councilman Moon said he would take care of this item for him. He stated that the City has
been approached by the Henry County Library Board to purchase 5,000 square feet of usable building space
on one (1) plus acre lot with two hundred and twelve (212’) of road frontage right across from City Hall.

Steve Moon made a motion to approve the purchase of Cochran Public Library building on a one plus acre
lot for the amount of $650,000; Fred Evans seconded, and passed unanimously.
Fred Evans made a motion to adjourn; Steve Moon seconded, and passed unanimously. Meeting adjourned
at 7:30 P. M.

Respectfully submitted,

Merle Manders, CMC R. G. Kelley,
