---
date: 2001-11-19
title: November 19, 2001 Minutes
source: 2001-11/2001-11-19_November 19, 2001_Minutes.pdf
pages: 1
---

November 19, 2001
CITY OF STOCKBRIDGE MINUTES
COUNTY, GEORGIA NOVEMBER 19, 2001

A Special Meeting of the Stockbridge City Council was held November 19, 2001 at 6:00 P. M. Mayor R. G.
Kelley presided and members present were Harold Cochran, Fred Evans, W. A. Gardner, Fletcher Turner
and Ronnie Simmons.

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

Mayor Kelley welcomed guests.

OLD BUSINESS

PINE GROVE – CHINA STATE CONSTRUCTION, GREG NOBLES AND ED WHIDDON request rezoning
from RA (residential-agricultural) to PTD (Planned Township Development) for property located in Land Lot
91, 101 and 102 of the 12th District, located at Stagecoach Road and Valley Hill Road. The property
contains approximately 149.47 acres and the request is for a single-family subdivision and Retail
Commercial. Decision withheld until pending ARC DRI review has been received.

Dale Hall recommended denial because the project does not comply with the PTD ordinance because all
PTD developments are suppose to be located along an arterial road. There is a draft Land Use Plan before
the Board of Commissioners that would re-classify Valley Hill Road to an arterial road. This would take
care of this matter, which the planning staff has, an issue.

Bruce Vail reminded the Council that the City previously published a notice advertising a hearing on this
matter. The hearing was conducted at the November 12, 2001 meeting at which time public comment was
heard. The Council decided to table consideration of the matter until this meeting for further consideration
and decision. Legal Staff has prepared a Rezoning Ordinance that will do the following. If the Council
chooses to deny, it would only require a motion, second and decision. If the Council wishes to grant the
request, the Council would be adopting a Rezoning Ordinance. The Rezoning Ordinance would change
the zoning classification from RA to PTD. It will do so subject to certain conditions:

1. Owner shall install a forty (40’) foot undisturbed buffer along property lines that are
adjacent to existing residential properties.

2. Owner shall comply with any other conditions attached hereto, including but not
limited to those contained in the sample Development Agreement, a copy of which
is attached hereto as Exhibit C.

3. Rezoning of the property shall become effective upon completion of the following:
(a) Mayor and Clerk of the City of Stockbridge executing this ordinance (“Rezoning
Ordinance”); (b) the parties executing the Development Agreement. (c) both tracts
of the Property being purchased by the same landowner; (d) a certified copy of the
Deed being delivered to the City Clerk; and (e) notice of the Development
Agreement being filed in the office of the City Clerk of the Henry County Superior
Court.
Mr. Vail pointed out that a letter distributed to the Council coming from the law firm of Dillard and Galloway,
LLC, representing the applicant, the terms in the hand-out are substantially identical to the terms in the
Development Agreement. To make sure nothing is missed, the Development Agreement draft will be
attached as an exhibit to the Rezoning Ordinance so all conditions contained in the draft are adopted by
the Council if the Council chooses to do so. In addition, to the Development Agreement, the PTD Ordinance
contemplates that both tracks are owned separately will have to be purchased by the same landowner.
Along those lines, the legal staff has as a condition, a certified copy of the deed being delivered to the City
Clerk. Also, an executed copy of the Development Agreement being filed with the Henry County Superior
Court Clerk’s office. These are the conditions being imposed as the result of adopting the Rezoning
Ordinance. The City’s PTD zoning ordinance imposes a number of requirements upon landowners in terms
of developing their property. The legal staff has discussed matters with the applicant and applicant’s
counsel and they have agreed to enter into the terms that are outlined, that either match or exceed in many
ways the terms of the Ordinance in may respects. Mr. Vail noted that procedurally, the Council is in a
position to consider rezoning.

Mayor Kelley opened the meeting for anyone wishing to make a comment regarding the rezoning.

Andy Alexander, 277 Valley Hill, Lawrence Booth, 332 Valley Hill, Annette Jackson, Walter Wimbley and
David Wall spoke in opposition to the rezoning. They opposed the increased traffic, overcrowding of
schools, high density of housing units, pollution, railroad noise from loss of trees, loss of wildlife and
wastewater.

The property was properly advertised for the November 12, 2001 Council Meeting and the sign was put on
the property prior to the meeting in accordance with the State of Georgia rules. At that meeting, the matter
was tabled until November 19, 2001 and the signs were changed on the following morning to refer to this
meeting to be on November 19, 2001.

Bruce Vail pointed out to the Council that the law contemplates that only one hearing would be held in the
process of considering a rezoning application. That hearing technically was advertised for and was held at
the November 12, 2001 meeting. As an accommodation the Council continued the meeting and have heard
comments from the public again at tonight’s meeting. The hearing that was required by law was held at the
November 12, 2001 meeting. The Council tabled the decision to this meeting.

Councilman Simmons asked if there was any proof that the property was not posted property? Dale Hall
advised the Council that he has reviewed his records and they have copies of the newspaper
advertisements and pictures of the signs that were posted on the property.

Harold Cochran made a motion to adopt the Rezoning Ordinance; Fred Evans seconded and passed
unanimously.

W. A. Gardner made a motion to adopt a Resolution to authorize the Mayor and Clerk to execute a
Development Agreement at a later date, identical to or substantially similar to the copy, which is hereto
attached, and all other documents necessary to effectuate and finalize the transaction; Fred Evans
seconded, and passed unanimously.

BILL’S CARWASH. Mayor Kelley reminded the Council that the City has some problems with the water
and sewerage service at this location. The owner was not present.

Ronnie Simmons made a motion to table; Fred Evans seconded, and passed unanimously.

Ronnie Simmons made a motion to adjourn; Fred Evans seconded and passed unanimously. Meeting
adjourned at 6:45 P. M.

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