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date: 1999-02-08
title: February 8, 1999 Minutes
source: 1999-02/1999-02-08_February 8, 1999_Minutes.pdf
pages: 1
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February 8, 1999

February 8, 1999 Minutes

MIXED DEVELOPMENT ORDINANCE. Ray Pacheco turned the meeting over to A. J. Welch, City
Attorney to discuss the proposed new ordinance concerning mixed developments.

Mr. Welch said, that after reviewing the ordinance there are questions that have arisen as to whether or not
it conflicts with existing ordinances. He has not seen any corrections of the ordinance that he brought to
their attention. There is language that needs to be developed concerning the requirements on recreational
areas for this type of development. Mr. Welch asked Tim Young, Community Development to explain the
ordinance.

Mr. Young explained that this property has changed ownership and the new owners, Pathways Properties,
Inc., is proposing a new style of development, which is a traditional neighborhood development and is
becoming very popular in the Atlanta area. Under the current ordinance, the Planned Development, it
would require many variance and they have asked that a new ordinance be developed that would satisfy
their needs. A new ordinance would also enable developers similar to Pathways and do the same type of
development. Everyone agrees the development being proposed is a very good development.

Pathways Properties plan to setup two basic areas, neighborhood and commercial, when there is a
traditional development. A conventional development which is cluster homes, etc. is what the county and
the city currently use. Generally, the new ordinance sets up minimum criteria for lot sizes. Some of the lot
sizes are small, 4,500 square feet but the overall density are set to a max as shown in the county’s
Comprehensive Land Use Plan. There is a section in this ordinance to encourage this type of development
in regards to density for land use calculations.

It allows certain types of uses in the commercial areas. The staff is in the process of adding an amenity
package to the ordinance, which will detail certain amount of amenities per hundred lots, based on the
previous agreement. There are concerns regarding the implementation of the amenity section of the
Ordinance, specifically to the Pathway development. They have reviewed Pathway’s site plan and Pathway
is committed to change their Development Agreement to explain their maximum density plan. The highest
density is 3.25 units per acre.

A. J.Welch pointed out that the problem is with the density question on single-family cluster housing. The
idea and proposed plan appear to be good. The problem is, if it conflicts with the City’s RM zoning. RM
zoning only allows four (4) apartment units per acre. This development could go up to ten (10) units per
acre.

Mr. Welch recommended the Council hear form the developer in regards to what they plan in regards to
density, development and recreational criteria. After the Council reviews the plans, Mr. Welch will get the
Ordinance and Development Agreement in proper form and bring it back to the Council for their decision.
The Ordinance and Development Agreement are not ready and it is Mr. Welch’s recommendation that the
Council not make a decision at this meeting.

Tim Young explained to the Council the acreage breakdown of residential, commercial, recreation and
parks for this Planned Development. The amenity package contains 15.2 acres. A twenty (20) acre school
site is provided.

Dan Camp, Pathway Properties, took a look at the site and came up with a plan that reflects the growth
issues. They are trying to reduce traffic trips and traffic counts, get quality development, improve
streetscape and street-scene. They are proposing a master-plan community that is different from what was
planned for this site by GAMA. They are creating a town square with a drugstore, day care, assisted living
facility and office buildings, the uses that people want in their community. They will provide easy access to
the school. The recreation facility will be on the lake so everyone will have access. The plans include a
greenway trail system leading down to Rum Creek. Pocket parks throughout the development. Mr. Camp
pointed out that the plans were sent to the Atlanta Regional Commission and they were very complimentary
of their development.

Mr. Camp explained that the difference between the old traditional neighborhood development and their
development, by creating alleys, they would get cars and garages out of the front yards. The 4,500 square
foot lot is typical of this type development and they plan to stay within what the City’s regulations allow.
Pathway understands there is some work to be done on the Development Agreement and they want to get
back with the Council as soon as possible.

Mayor Kelley recommended this matter be tabled and let A. J. Welch, Ted Strickland and Community
Development workout the questions so they will comply with the City’s ordinance.

Mr. Welch stressed that there are several important changes that need to be made in the new ordinance
regarding minimum and maximum acres to be allow in the mixed developments. Mayor Kelley pointed out
that the City would require a percentage of the smaller homes would be build simultaneous with a
percentage of larger homes.

Ronnie Simmons made a motion to table to give attorneys time to work out problems, seconded by Fletcher
Turner, passed unanimously.

March 8, 1999 Minutes

PLANNING AND ZONING

PLANNED TOWN DEVELOPMENT (PTD) ORDINANCE. Tim Young, Planner, Henry County Community
Development reminded the Council that the Planned Town Development Ordinance was presented to the
Council on February 8, 1999 as a discussion item. The discussion included the Pathway Communities
Development south of Walt Stephens Road and east of Blackhall Road. Since that meeting, there have been
several meetings with Mr. Welch and Pathways Communities and this is the final draft of the Ordinance. It
was pointed out that Henry County Planning Commission has given their approval of this ordinance.

This ordinance is intended for large developments over 100 acres. The ordinance meets the City’s overall
goals in respect to open space, traditional neighborhoods, and on site amenities. The ordinance is very
comprehensive in regards to calculating density and what types of businesses that will be allowed.

A. J. Welch pointed out that there is a cap-overview, with a minimum of 100 acres, no multi-family dwellings
in these types of communities. The commercial is intended to serve the community itself. High-density lots
are all single-family dwellings and certain ratios of minimum square footage homes, one-third of the homes
will be 1,400 square feet, one-third will be 1,500 and one-third will be 1,600. The regular lot sizes, the
minimum square foot house will be 1,600, 1,700 and 1,800. Under the phasing ratio for building houses, the
developer can build two traditional houses on small lots to every conventional house on regular lots.

The ordinance also has a formula that requires the developer to build, maintain and operate recreational
services inside the subdivision for the benefit of that subdivision. Mr. Welch pointed out that some of the lot
space is small but there is extensive amount of area being set aside as green space and recreational space.
There is also a requirement for providing space for school services. This is a new idea in development and
Mr. Welch recommends the Council go forward with the new ordinance.

Tim Young noted that the ordinance takes out on street parking as permitted exclusively by right and made
it conditional to the master plan if aesthetically arranged within the development.

Ronnie Simmons made a motion to approve ordinance as submitted, seconded by Fletcher Turner, passed
unanimously.

PATHWAY COMMUNITIES OF PEACHTREE CITY, GEORGIA request rezoning from R-1 (single-family
residential) and PD (R-2, R-3 and C-1) to PD (R-1, R-3 and C-2) for property in Land Lots 9 and 10 of the
6th district and 7, 8, 9, 25 & 26 of the 12th District. The property is located on the south side of Walt Stephens
road within the city limits of Stockbridge. The property contains 380 acres, and the request is for a mixture
of traditional neighborhood development and conventional subdivision development in a master-planned
setting. The Henry County-Municipal Planning Commission approved the request January 28, 1999.

Pathway Communities is requesting a change from Planned Development to Planned Town Development.
Planning Department has been working with Pathway, City and City Attorney on this issue. The plans for
this development have gone through the Atlanta Regional Commission and the ARC approved this
development with the strongest approval ever received on this type of development.

There is one item that was mentioned earlier, there is a 12-acre piece of the property on the south side of
Rum Creek, Falling Water subdivision, which at present is in the county. Originally, a sign was not posted
for the Henry County rezoning hearing but the property was advertised and posted for this hearing. There
were some concerns from the Falling Water Homeowners Association. DanCamp and Tim Young met with
the Homeowners Association and explained the type of development. Mrs. Cheri Gzywacz, President, Falling
Water Homeowners Association and Commissioner Freedman were concerned with the following items:
1. Pursue title for connection to Blackhall road and cul-de-sac possible connection to Falling Water,
if possible.

2. Minimum house size of 1,800 square feet of lots south of Rum Creek.

3. Enhance and preserve buffer along street between Falling Waters and Pathway side, ranging
between 75 to 10 feet according to illustrative master plan. Plant 7-foot holly trees within buffer,
if necessary.

4. Side loading garages for homes south of Rum Creek.

5. Boulevard entrance for Blackhall Road access north of Falling Waters.

6. Mailboxes that are similar in appearance with the homes (brick, monument type).

7. Should the development not be able to connect to Blackhall, and then the land south of Rum
Creek shall have similar covenants as Falling Waters.

Dan Camp has agreed to make his covenants similar to Falling Waters and is here to discuss these items.
Mr. Camp explained that there is a strip of land where Blackhall was re-aligned back early 1960’s by the
Georgia Department of Transportation. There is a 30 or 40 foot piece of property between their Blackhall
property and the adjourning right-of-way. They have two choices, one is to seek a way to connect to Blackhall
road and two is to access the property via Falling Water property. They prefer not to come through Falling
Waters so they are looking for a way to bridge the gap between their property and Blackhall Road. Ownership
of the 30 or 40-foot strip of property is unknown at this time. A. J. Welch raised the question whether or not
this section of property in question has been annexed into the City? Ted Strickland responded that the
property in question was annexed in July, 1998. Mr. Strickland asked Mr. Welch if there would be a problem
with the City acquiring the strip to get access to Blackhall? The City cannot condemn property to give
Pathway access; it has to be established that there is a public need for access. If there is a public need, the
City could conceivable condemn the land. The provision in the Development Agreement that said the City
would condemn the property; revise it to say that if a public need exists, the City would condemn it.

When Blackhall Road was realigned, the old road was never deeded to anyone; the property probably
belongs to the original owner. A. J. Welch said the original road was still owned by Henry County unless
abandoned, once a road, always a road until abandoned by statutory operation. Doug Dillard, Dillard and
Galloway, representing Pathway Communities informed Council that they are investigating how the road was
relocated. If it was relocated in such a way that the abandoned right-of-way went to the adjacent property
owner, and then the strip of property could be annexed. If, however, DOT took their access to Blackhall Road
and there was no compensation for it, they can go back to DOT and handle it that way without the City
exercising their powers of eminent domain. Otherwise, if it is determined that it is better for Pathway to have
access to Blackhall Road than to come through Falling Waters, they will be able to build a case for the City
to exercise their power of eminent domain and condemn the property. A. J. Welch said the City couldn’t
agree up front to something the City does not know exists.

Doug Dillard said they have three options and they feel comfortable that they will be able to work something
out. Ted Strickland stated for the record that he told Pathway, condemning the property might be something
the City could do but he did not say for sure that it could be done.

Dan Camp presented plans for a 385-acre tract being presented for the Planned Town Development
Ordinance for a total of 828 units. It meets all the stipulations of the new ordinance. They have agreed to
donate twenty (20) acres of land for an elementary school. An extensive recreational package, which
includes two (2) swimming pools, eight tennis, courts, walking trails, wildlife area and playing fields.
Pathway’s goal is to create a nice community.

Pathway is adding three new pieces of property to their development. A piece of property being purchased
from Andrews Homes which was to be an extension to the Falling Waters Subdivision, another section from
Metro Material Services and the Manderly amenity property which will become a part of the Pathway
development. These properties will be annexed and rezoned next month, increasing the development from
385 acres to 420 acres.

Addressing the Council, Mr. Dillard said with rezoning they anticipate the execution of the Development
Agreement, which insures not only the way the property will be developed but also the standards to which it
will be developed.

Cheri Grzywacz, President, Falling Waters Community Association, stated that they did not know the
Pathway development would effect them until February 18 when a sign appeared on Blackhall Road very
close to the entryway to Falling Waters. When she phoned about this meeting, she found the Henry County
zoning meeting had already taken place and they were not notified. Tim Young suggested their Board meet
with Dan Camp. When they met, Mr. Camp gave them a presentation about the development. They learned
that Pathway’s original plan was for the twenty-one (21) new houses that would use the entryway of Falling
Waters. The new residents would not pay any maintenance fees and would be governed by totally different
covenants. Pathway will try to build the entryway for these houses on Blackhall Road north of the Falling
Waters entrance. Mrs. Grzywacz said the main reason she is at this meeting is because she wants assurance
that if they cannot locate the owner of the property between Blackhall Road and Andrews Homes property,
would Henry County condemn the property and take it by eminent domain. That would save their subdivision
by being cul-de-saced at the end of the street where their homes are located. They would be totally separate
from Pathway. They feel the extra travel on their roads would be a very bad situation.

Mr. Dillard said they could not guarantee anything at this time because they don’t know the entire situation
and the agreement Mr. Camp has made by Falling Waters is that he would agree to the cul-de-sac as long
as Pathway can get access to Blackhall Road. They don’t know where the title is for the section of property
in question. If there is no public purpose, the City Council cannot exercise their condemnation powers. At
this time, the Council cannot give assurance that the public purpose is there. Upon investigation, the Council
may find public purpose and justification to exercise condemnation.

Mrs. Grzywacz asked Mr. Dillard to explain what is meant by public purpose. Mr. Dillard explained that it
could be important from a traffic standpoint that they have access to Blackhall Road because it might be
determined that it would be safer, lesser intrusive to the Falling Waters neighborhood and also on to and
from other roadways. It is important from a traffic and circulation standpoint. Another important thing is, that
whoever condemned the relocated road took the adjacent property access to the Blackhall roadway, it cannot
be done without compensation. It has to be determined if that was intended, the road was just moved and
the adjacent property that was abandoned as public right-of-way went to the adjacent property owner. So,
they could very well have the title by operation of law and actually have access to Blackhall. There are a
number of public purpose doctrines that could be explored to determine that access. Mr. Dillard stated that
Pathway would do everything possible to do exactly what Falling Waters wants, cul-de-sac their street and
have the Pathway development access on Blackhall Road.

Mrs. Grzywacz said in closing that she is pleading with the City Council that if it comes down to the point
where the City Council has to step in and do a condemnation, if it’s within the law, so their subdivision can
be contained and left as is. Mayor Kelley replied the Council would do what they can, within reason, to make
it possible to access Blackhall Road.

A. J. Welch responded that there really is not a question now because there is no immediate public need at
this time. If they build a subdivision and it’s determined by the Mayor and Council that it would be of the
public’s interest and public safety to have an access on Blackhall Road for fire protection, police protection,
school buses, and all the public matters the Council serves, the Council will have the power of condemnation.
As of today, there is a vacant piece of property with no apparent public need. When Pathway starts
construction of their development, it may well develop a need. The decision can only be made when a need
arises for a specific purpose.

Cary Jennings, 221 Amicalola Way, is concerned about the three houses adjacent to Pathway property where
the road is planned. How close will the road come to their property and would they have to give up any
easement? Tim Young replied that the homes in question should not be affected because the developer will
have to keep all grading on his site. The buffer area ranges in width from seventy-five (75) and narrows to
zero (0). Pathway will keep all grading on their site and they have agreed to plant and enhance the buffer to
insure the area is screened from the roadway. Pathway will keep as many trees as possible.

Mr. Camp re-emphasized that their homes will not be part of the Pathway development but will be compatible
to the houses in Falling Waters. The highest minimum house size will be 1,80 feet, similar to Falling Waters.

John Griswold, Falling Waters, expressed his concerns that if it becomes absolutely impossible to gain
access to Blackhall Road could it be possible to develop adjourning twenty-one (21) houses as part of Falling
Waters? The property was originally set-aside for phase II of Falling Waters by the previous developer. Tim
Young advised that the piece of property that Mr. Griswold is referring to was never part of the Falling Waters
subdivision.

Tim Young asked if Pathway wanted to discuss the condition for rezoning. Mr. Camp responded that the
conditions have been addressed in paragraph fifteen (15) of the Development Agreement.

Patrick Jaugsetter pointed out that the City’s legal staff has been working on the Development Agreement
with Pathway. The Mayor and Council will need to make decisions on three issued that remain outstanding.
The first involves the phasing requirements. Under the Planned Town Development Ordinance there is a
phasing requirement for every two (2) TND lots there must be one (1) CD conventional lot. The Council will
need to determine whether those phasing requirements should apply or not apply.

The second issue regards vinyl siding. It is recommended that any vinyl siding meet some minimum grade
or minimum of standard quality. Mr. Camp said they addressed those issues in their architectural control
element of the restricted covenants. Legal staff has sought to transfer control to the City saying they must
meet a minimum grade vinyl siding.

The third issue concerns condemnation. Pathway has requested condemnation as part of the Development
Agreement. The City would agree to condemn if a public need was found to exist. A.J.Welch recommends
condemnation be totally left out of the agreement and if it becomes a need let the City make the determination
if it’s a necessity and go forward with the condemnation. Condemnation is part of paragraph fifteen (15) and
the condemnation portion should be removed. Mayor Kelley asked if the Development Agreement was going
to be voted on at this meeting? Mr. Welch replied that once the Council goes through the zoning process, if
they approve the rezoning, it should be approved conditional upon execution of the Development Agreement.
The issues in the Development Agreement need to be resolved before rezoning is approved.
Doug Dillard responded saying that phasing relates to marketing conditions. They cannot agree on what the
phasing percentages might look like, knowing they have minimum standards under the ordinance. The
Council should feel comfortable that the ordinance gives sufficient protection and no matter what is built it
will be of the highest quality. Regarding the vinyl siding, this issue could be determined under the City’s
Development Code. If there is a minimum standard of vinyl siding that the Council desires, the quality of their
development will not let this matter be an issue. Vinyl siding is not something they can put in the Development
Agreement at this time. The question on the access of Blackhall Road, if they become landlocked because
of government action, they will have to have a way to access their property. From the City’s standpoint, how
is it best accessed for the best public safety, health and welfare are maintained? Pathway does anticipate
that the zoning be passed in anticipation of the execution of the Development Agreement. The vinyl siding
issue can be handled independently of the Development Agreement. Third, the access issue be reserved
so that whenever they come back, it is understood that both the execution of the Development Agreement
and the zoning, left that issue open for all concerned to look at what is the best solution for the development.

Responding in reverse order, A. J. Welch said the access issue should be totally left out of the Development
Agreement and deal with that matter when they determine who owns the title to the property. When there is
a public issue that may arise, deal with it on that basis at that time. Second thing is the vinyl siding; there are
no minimum criteria for vinyl siding. If Pathway wants to negotiate to amend the Subdivision Ordinance to
put in minimum standards for vinyl siding, it can be done, but the City prefers that it be stated in the
agreement. That would cover the vinyl siding issue until Pathway ultimately makes a decision on which way
to go Citywide. The third thing, the most important thing, is the phasing. The City is concerned that if a
developer builds all the cluster homes, which are the smaller size homes, and if there is a down turn in the
economy or something goes wrong financially with their operation, the development would be sold to
someone else. In the last two years, the property has changed hands for the second time. If someone else
comes in to develop the community, they may try to force the City to give them a higher density, to give them
more of the smaller lots, to argue and litigate over that particular situation. This type of community should
develop simultaneously, not only the small lots but also the commercial and larger residential lots. The City
has been advised not to go less than two small lots to one large lot on which houses are actually built. That
will keep a balancing act going for sixty-five percent of the development for the project.

Mayor Kelley stated that lately all subdivisions of this nature, which have been approved, have been required
to develop a ratio of small lots to larger lots. It is a concern that all the small lots will be developed first and
then the developer wants to build smaller home throughout the development if the market becomes
unfavorable. He asked Pathway what their feelings are on this matter.

Dan Camp said their development is planned to have a town center, and a school and they go through an
area that is a traditional neighborhood and to get back to their conventional homes. Then, they will have to
development a significant amount of the traditional section to get to the conventional homes. Their concern
is at what point and time is the phasing issued called. Their market research and studies show that the
conventional area is more in demand. They want to get back there and do not want it to become an issue.
As pointed out by Doug Dillard, the City has significant controls via the Development Agreement requiring
minimum house sizes. Pathway feels that along with the quality level of the community and amenity package
will force the house prices higher. A combination of the recreational amenities and the house sizes in the
Agreement should be sufficient protection. Furthermore, if anyone does come back in, the City can require
that they do a whole new Development Agreement.

Mayor Kelley said that’s the point the City if making. A developer would have to come back in and redo the
development again and City does not want that to happen. Because when they come back before the
Council, they would want to continue developing the same small houses that Pathway has already developed.
This has been a problem in the past and the Council has always had an agreement requiring phasing
percentages. This protects the City and neighboring areas. Henry County is a fast growing county and
property changes hands on a regular basis. The City would certainly welcome this development but they
must understand the City’s concerns in the matter.

Going back to the vinyl issue, Dan Camp said they are not required to install a minimum vinyl siding in
Peachtree City. The builders have to submit an architectural review package and it must include the vinyl
siding, roof shingles, shutters, colors and brick. They agree that there should be some type of minimum
standard for vinyl siding and they have no problem with a minimum for vinyl siding but they do not know what
that minimum should be. Tim Young said Henry County has set no standard for vinyl siding and it would be
difficult to do because all manufacturers have a premium brand of vinyl and claim theirs is the best.

A.J.Welch suggested the vinyl siding issue be added to the Development Agreement and it would require not
less than a medium grade of vinyl siding. Mr. Welch will do some research on the matter and draft a separate
ordinance and not tie up the Development Agreement.

Sally Davis stated that what she understands is, if the deed is found, there probably want be problem. If they
don’t find the deed, if there is a public domain reason, such as a development, then they can condemn and
have access. How do you develop something to which you don’t have access? Then condemn the property
to get access? A. J. Welch responded that the City could not do anything until a need is established.

Mr. Dillard stated that Pathway could get access through Falling Waters but they are trying to accommodate
concerns that the neighbors have and want everyone to understand that there is a problem and also
understand that you cannot through government action land lock a piece of property. So someone is going
to have to give access one way or the other.

Sally Davis stated that it’s not clear to her understanding that if necessary, Pathway construction crew would
come through Falling Waters if that the only way to get access to their property? Mr. Dillard said that is one
of the three options available to them.
Bob Holmes, 8510 Blackhall Road, stated that when he purchased his property from Dr. Spivey, Dr. Spivey
apparently donated the property to cut the new road. The old property was donated to the caretaker, John
Chapman. Mr. Holmes purchased the property from John Chapman and he owned the property all the way
to the creek, including the sliver of property in question. The property was never deeded so technically he
doesn’t own the sliver of land. When he purchased the land he was told it belonged to him. That’s immaterial
at this time, but the land probably still belongs to JohnChapman and he probably doesn’t want the City to
take his land.

FIRST MOTION: W. A. Gardner made a motion to approve the application for rezoning of Pathway
Communities of Peachtree City, Georgia from R-1/PD to PTD. The property located in Land Lots 7 8, 9 and
10 of the 12th District, on the south side of Walt Stephens Road between Manderly Subdivision and Interstate
75 South, condition upon and subject to the Development Agreement that has been announced and that has
been reduced to writing, seconded by Ronnie Simmons passed unanimously.

SECOND MOTION: Ronnie Simmons made a motion to approve the Development Agreement between
Pathway Communities of Peachtree City and the City of Stockbridge and to authorize R. G. Kelley, Mayor to
sign on behalf of the City, seconded by G. W. Evans, passed unanimously.

Doug Dillard said for the record that when they come back for annexation, hopefully they hope to have the
access solved. The rezoning does anticipate coming back with the additional property and annexations.
They anticipate the same Development Agreement will apply to the additional property. A. J. Welch said the
agreement does contemplate that but is not required.

April 12, 1999 Minutes

ANNEXATION AND REZONING: PATHWAY COMMUNITIS OF PEACHTREE CITY, GEORGIA requesting
rezoning from R-2 (single-family residential) to PDT (planned town development) for property in Land Lots 8
and 9 of the 6th District and 8 and 9 of the 12th District. The property is located on the south side of Walt
Stephens Road, north of Amicalola Way. The property contains 26.3 acres and the request is for a mixture
of traditional neighborhood development and conventional subdivision development in a master-planned
setting, along with annexation into the City of Stockbridge. Andrew Homes Property.

Tim Young advised Council that the Staff recommend approval of this plan under the PTD District. This
development will be supplemented by DEVELOPMENT AGREEMENTS with the City of Stockbridge and
goes far beyond what surrounding developments have been developed in creating a true neighborhood
environment within the urban setting of Stockbridge. To lessen the potential impact on Falling Water
Subdivision, staff recommends the following conditions:

1. That Pathways seek to purchase the land necessary for access onto Blackhall Road, or seek
condemnation proceedings from the respective governing body (i.e., Stockbridge City Council and
Henry County Board of Commissioners) with the understanding that the governing body will only act
in a necessary public need.
2. Should connection to Blackhall become available, then the development shall NOT be required to
connect to Amicalola, and the developer shall formally close off the possible connection with
landscaping or other appropriate screening.

3. No connection between the land north and south of Rum Creek other than a pedestrian multi-use
path, unless Pathway Communities chooses to connect the two tracts, with no connection to Falling
Water (i.e., Amicalola Way).

4. That homes south of Rum Creek be a minimum of 1,800 square feet, with lots approximately 18,000
to 30,000 square feet in size.

5. That architecture on the first five (5) lots shown on the Amicalola Way connection be compatible to
homes in Falling Water, with facades of brick, stone, or stucco with side-loading or rear-yard garages.
Should the development gain access to Blackhall, this condition shall be void.

6. That covenants imposed on these lots be similar in nature to Falling Waters.

Dr. William Zinney, speaking for Falling Waters, said they are concerned about the gap-in-title to the strip of
land that could prevent Pathway from entering/exiting their proposed subdivision from Blackhall Road. Dan
Camp responded that upon completing a title search, the property is owned by and controlled by Emily
Spivey’s estate. They have contacted the executors and they seem to be very cooperative. They will pursue
this matter further.

Dr. Zinney asked if Pathway gets access to Blackhall Road that they would not connect to Falling Waters?
Mayor Kelley responded that that’s what the Council understands. Dr. Zinney stated that Falling Waters
accepts the conditions in the Rezoning Evaluation.

Ronnie Simmons made a motion to approve the rezoning from R-2 (single-family residential) to PTD (Planned
Town Development) subject to Development Agreement, seconded by Fletcher Turner, passed unanimously.

Ronnie Simmons made a motion to approve annexation, seconded Fletcher Turner, and passed
unanimously.

ANNEXATION AND REZONING: PATHWAY’S COMMUNITIES OF PEACHTREE CITY, GEORGIA
requests rezoning from R-1 (single-family residential) to PTD (Planned Town Development) for property in
Land Lot 8 of the 12th District. The property is located on the south side of Walt Stephens Road. The
property contains 6.1 acres and the request if for a mixture of traditional neighborhood development and
conventional subdivision development in a master-planned setting, along with annexation into the City of
Stockbridge. Manderly Estate Holders, Inc.

Tim Young advised Council that this 6.11 acre tract is being used as Manderly homeowner’s amenity area
and is surrounded by Pathway property. Planning Commission has approved subject to Development
Agreements.

Ronnie Simmons made the motion to approve rezoning from R-1 (single-family residential) to PTD (Planned
Town Development) subject to Development Agreement, seconded by Fletcher Turner, passed unanimously.

Ronnie Simmons made the motion to approve annexation, seconded by Fletcher Turner, passed
unanimously.

ANNEXATION AND REZONING: PATHWAY COMMUNITIES OF PEACHTREET CITY, GEORIGA
requests rezoning from R-1 (single-family residential) to PTD (Planned Town Development) for property in
Land Lot 9 and 10 of the 6th District and 7 and 8 of the 12th District. The property is located on the south
side of Walt Stephens Road. The property contains 22.0 acres and the request if for a mixture of traditional
neighborhood development and conventional subdivision development in a master-planned setting along
with annexation into the City of Stockbridge. Metro Materials Service, LLC.

Tim Young advises that the Planning Commission, subject to the Development Agreement approved this
property.

Harold Cochran made a motion to approve the rezoning from R-1 (single-family residential) to PTD (Planned
Town Development) subject to Development Agreement, seconded by Ronnie Simmons, passed
unanimously.

Harold Cochran made a motion to approve annexation, seconded by Ronnie Simmons, passed unanimously.

REGULAR MEETING

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA FEBRUARY 8, 1999

The Regular Meeting of the Stockbridge City Council was held February 8, 1999 at 6:00 P.M. MayorKelley
presided and members present were Harold Cochran, G. W. Evans, W. A. Gardner, Ronnie Simmons and
Fletcher Turner.

G. W. Evans made a motion to convene, seconded by Harold Cochran, passed unanimously.

W. A. Gardner made a motion to approve the minutes of the January 11, 199 and January 19, 1999 Council
meetings, seconded by G. W. Evans, passed unanimously.

Mayor Kelley welcomed guests.

PLANNING AND ZONING

Watkins Retail Group, W. Neal Freeman, Atlanta, Georgia request rezoning from RA (residential
agriculture) to C-2 (general commercial) for property in Land Lot 68 of the 12th District, located at the
northeast intersection of East Atlanta Road and Old Conyers Road. The property contains 16.6 acres and
the request is for a neighborhood shopping center.

Jeff Watkins, Vice President of Design and Construction with Watkins Retail Group noted that surface water
drainage seems to be a major concern of adjacent residents. Ray Pacheco, Henry County Community
Development said this issue would be addressed later. A report from Dames & Moore substantiate that
traffic volume will support a neighborhood-shopping center at this location. An onsite detention pond will
handle drainage. There will be two driveway cuts on East Atlanta Road and one on Old Conyers Road.

Mayor Kelley asked if Publix would be the same size as Publix at Eagle’s Landing. Mr. Watkins responded
that it would be smaller.

It was noted that Watkins Retail Group has agreed with conditions recommended by Henry County
Community Development staff:

1. The facades of all proposed building shall be residential in appearance and
consist of brick, stone, stucco, wood siding, glass or any combination thereof.
Planning and Development and the City of Stockbridge prior to the issuance of
a building permit shall approve the exterior appearance of all proposed buildings.

2. The installation of signage along all county roads shall be ground mounted or a
monument type sign, decorated with brick, stucco, stone, or any combination
thereof and not to exceed fifteen (15) feet in height on East Atlanta Road and
eight (8) feet in height along Old Conyers Road.

3. Curb cut locations with acceleration/deceleration lanes and inter-parcel access
shall be required per the site plan or where appropriately designated by the
county engineer, Planning and Development, and the City of Stockbridge.

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

5. A landscape and buffer plan shall be included as part of the preliminary plan
review process. The landscape plan shall include perimeter, parking lot, and
building wall landscaping, and the buffers shall be undisturbed and a minimum
of forty (40) feet, unless needed for grading and fill.

6. Sidewalks shall be included in the development along all road frontages,
minimum of five (5) feet in width.

Councilman Ronnie Simmons pointed out that on site detention should improve flooding downstream. The
developers must meet state, county and city regulations for hydrological conditions.

Leonard Hoard, 201 Old Conyers Road, representing area residents pointed out the following: The
development does not meet the Land Use Plan and is considered spot zoning of commercial development.
Being next door to shopping center will change their way of life from a quiet neighborhood to almost
unbearable amounts of traffic.

Ken King, 118 Old Conyers Road said there are stores within five (5) minutes from his house and he is
opposed to this shopping center. A commercial development will bring more crime and unsafe conditions
for the neighborhood. During the late hours, there will be delivery and vacuum trucks making noise. He
asked the Council if they would like to have a shopping center in their back yards?

Mayor Kelley said there were many businesses located on Old Atlanta Road already and this will not be
spot zoning. The Henry County Department of Transportation and the City of Stockbridge will handle traffic
issues.

Mr. Watkins noted that the property is suitable for a small commercial neighborhood development and the
demand is not to develop single family housing. They have no problem limiting the hours of operation,
deliveries and vacuuming of parking lot. They plan to build a quality product.

Ronnie Simmons made a motion to approve rezoning from RA (residential agricultural) to C-2 (general
commercial), seconded by G. W. Evans, motion carried. Ronnie Simmons, G. W. Evans and Fletcher
Turner voted in favor of and Harold Cochran and W. A. Gardner voted against.

BOY SCOUTS. Mayor Kelley welcomed Stockbridge Boy Scout Troop 1776 and gave them a package of
City memorabilia. Scouts are required to attend Council Meeting to earn merit badges in citizenship and
communication.

MIXED DEVELOPMENT ORDINANCE. Ray Pacheco turned the meeting over to A. J. Welch, City Attorney
to discuss the proposed new ordinance concerning mixed developments.

Mr. Welch said, that after reviewing the ordinance there are questions that have arisen as to whether or not
it conflicts with existing ordinances. He has not seen any corrections of the ordinance that he brought to
their attention. There is language that needs to be developed concerning the requirements on recreational
areas for this type of development. Mr. Welch asked Tim Young, Community Development to explain the
ordinance.

Mr. Young explained that this property has changed ownership and the new owners, Pathways Properties,
Inc., is proposing a new style of development, which is a traditional neighborhood development and is
becoming very popular in the Atlanta area. Under the current ordinance, the Planned Development, it
would require many variance and they have asked that a new ordinance be developed that would satisfy
their needs. A new ordinance would also enable developers similar to Pathways and do the same type of
development. Everyone agrees the development being proposed is a very good development.

Pathways Properties plan to setup two basic areas, neighborhood and commercial, when there is a
traditional development. A conventional development which is cluster homes, etc. is what the county and
the city currently use. Generally, the new ordinance sets up minimum criteria for lot sizes. Some of the lot
sizes are small, 4,500 square feet but the overall density are set to a max as shown in the county’s
Comprehensive Land Use Plan. There is a section in this ordinance to encourage this type of development
in regards to density for land use calculations.

It allows certain types of uses in the commercial areas. The staff is in the process of adding an amenity
package to the ordinance, which will detail certain amount of amenities per hundred lots, based on the
previous agreement. There are concerns regarding the implementation of the amenity section of the
Ordinance, specifically to the Pathway development. They have reviewed Pathway’s site plan and Pathway
is committed to change their Development Agreement to explain their maximum density plan. The highest
density is 3.25 units per acre.

A. J.Welch pointed out that the problem is with the density question on single family cluster housing. The
idea and proposed plan appear to be good. The problem is, if it conflicts with the City’s RM zoning. RM
zoning only allows four (4) apartment units per acre. This development could go up to ten (10) units per
acre.

Mr. Welch recommended the Council hear form the developer in regards to what they plan in regards to
density, development and recreational criteria. After the Council reviews the plans, Mr. Welch will get the
Ordinance and Development Agreement in proper form and bring it back to the Council for their decision.
The Ordinance and Development Agreement are not ready and it is Mr. Welch’s recommendation that the
Council not make a decision at this meeting.

Tim Young explained to the Council the acreage breakdown of residential, commercial, recreation and
parks for this Planned Development. The amenity package contains 15.2 acres. A twenty (20) acre school
site is provided.

Dan Camp, Pathway Properties, took a look at the site and came up with a plan that reflects the growth
issues. They are trying to reduce traffic trips and traffic counts, get quality development, improve street-
scape and street-scene. They are proposing a master-plan community that is different from what was
planned for this site by GAMA. They are creating a town square with a drugstore, day care, assisted living
facility and office buildings, the uses that people want in their community. They will provide easy access to
the school. The recreation facility will be on the lake so everyone will have access. The plans include a
greenway trail system leading down to Rum Creek. Pocket parks throughout the development. Mr. Camp
pointed out that the plans were sent to the Atlanta Regional Commission and they were very complimentary
of their development.

Mr. Camp explained that the difference between the old traditional neighborhood development and their
development, by creating alleys, they would get cars and garages out of the front yards. The 4,500 square
foot lot is typical of this type development and they plan to stay within what the City’s regulations allow.
Pathway understands there is some work to be done on the Development Agreement and they want to get
back with the Council as soon as possible.

Mayor Kelley recommended this matter be tabled and let A. J. Welch, Ted Strickland and Community
Development workout the questions so they will comply with the City’s ordinance.

Mr. Welch stressed that there are several important changes that need to be made in the new ordinance
regarding minimum and maximum acres to be allow in the mixed developments. Mayor Kelley pointed out
that the City would require a percentage of the smaller homes would be build simultaneous with a
percentage of larger homes.

Ronnie Simmons made a motion to table to give attorneys time to work out problems, seconded by Fletcher
Turner, passed unanimously.
JOHN CARNES, TEAM PEPPER PRODUCTIONS, INC. is requesting a temporary use permit for used
car tent sale on the Walmart Superstore parking lot March 26, 27 and 28, 1999. They would like to put up
a temporary tent on those three days for a used car sale for local dealers. Walmart will donate their
proceeds from the sale to the Children’s Miracle Network.

Mayor Kelley pointed out that under Planning and Zoning regulations Walmart is required to maintain the
minimum parking spaces for their customers based on number of parking spaces per square feet of gross
floor space. Walmart originally over designed the number of parking spaces but later added the service
station, using the extra parking spaces. The City needs time to check on the legal ramifications before
giving permission. The City would also have to have an official request from Walmart.

Mr. Carnes said that normally they use 100 to 150 spaces plus space for the tent. They will sell late model
used cars from local dealers. The Council needs more information regarding the parking spaces before
they can make a decision. Mr. Carnes was instructed to put into letter form the number of parking spaces
he plans to use for his tent and parking.

Ronnie Simmons made a motion to table until it can be determined the number of parking spaces required
under the Zoning Ordinance, seconded by G. W. Evans, passed unanimously.

MUNICIPAL AND COUNTY ELECTION LAWS. The State of Georgia merged Municipal and County
election laws effective 1999. Council needs to adopt a resolution, which requires qualifying fees for party
offices to be fixed and published in the local newspaper.

Harold Cochran made a motion authorizing Mayor Kelley to sign resolution, seconded by W.A.Gardner,
passed unanimously.

MILES FOR MEALS. Henry County Council on Aging, Inc. is requesting sponsorship to help feed the
needy in Henry County.

Harold Cochran made a motion to deny, seconded by G. W. Evans, motion carried.

BRAIN AND SPINAL INJURY TRUST FUND. The State of Georgia passed legislation requiring courts to
impose a surcharge on DUI fines of ten (10) percent of the original fine to provide for funding for the Brain
and Spinal Injury Trust Fund. Council to adopt an ordinance authorizing the Judge of the Municipal Court
to impose and collect and pay funds to the Brain and Spinal Injury Trust Fund Authority.

W. A. Gardner made a motion to authorize Mayor Kelley to sign ordinance, seconded by RonnieSimmons,
passed unanimously.

VERNON MOSS, 374 OLD CONYERS ROAD. Ted Strickland informed Council that in their files, they
have a letter from Vernon Moss and to be sure to read the letter as it deals with the treatment plant.

HOUSE BILL 489. Mr. Strickland reminded Council that July 1 is approaching and the Council needs to
move of this project. He presented a Service Delivery Contract from a county that has completed this
project and it was quite extensive. Mayor Kelley said that the City has been working on this project for
some time but Henry County is dragging their feet. Henry County is supposed to get this project underway
and A. J. Welch has been working with County Attorney.

Councilman Simmons attended a meeting in Atlanta and he learned that only two Service Delivery
Contracts have been approved in the whole state. The City and County need to get together and come to
some conclusion on this project.
SELLING ALCOHOL TO MINORS. Councilman Cochran noted that he is all for stopping the sell of alcohol
to minors but there is a practice being made by the Henry County Police Department that needs to be
corrected. When a detective catches a salesperson selling to a minor they do not ticket that person at the
time of the sell. Ten (10) days later they go back to the store and write the salesperson a ticket for selling
to a minor. Councilman Cochran said the proper thing to do would be to write the ticket at the time of the
sell.

Mayor Kelley said there might be some reason why they handle these cases in this manner. Councilman
Cochran said that in the past the Police Department wrote tickets at the time of the offense. Ted Strickland
was instructed to check with the Henry County Police Department.

BOY SCOUT TROOP 65. Troop 65 attended this meeting to earn merit badges but due to the large crowd
attending this meeting, they were unable to get into the Council Chambers. The Scout Leader has
requested a copy of the minutes. They will read the minutes at their next troop meeting and discuss what
took place. Mayor Kelley advised that before the minutes are available to the public, they must be approved
at the next regular Council Meeting. Once approved they will be furnished a copy.

Harold Cochran made a motion to adjourn, seconded by W. A. Gardner, passed unanimously. Meeting
adjourned at 7:20 P. M.

Respectfully submitted,

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