---
date: 2002-09-09
title: September 9, 2002 Minutes
source: 2002-09/2002-09-09_September 9, 2002_Minutes.pdf
pages: 1
---

September 9, 2002

REGULAR MEETING

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA SEPTEMBER 9, 2002

The Regular Meeting of the Stockbridge City Council was held September 9, 2002 at 6:00 P. M. MayorR.G.
Kelley presided and members present were Harold Cochran, Fred Evans, W. A. Gardner, Ronnie Simmons
and Fletcher Turner.

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

Harold Cochran made a motion to approve the minutes of August 12, 2002 Regular Council Meeting; Fred
Evans seconded and passed unanimously.

Mayor Kelley welcomed guests.

PLANNING AND ZONING

Modification to a Condition of Zoning.

STOCKBRIDGE PROPERTIES, LLC OF STOCKBRIDGE, GEORGIA requested a modification to a
condition of zoning for property located in Land Lots 42 and 55 of the 12th District, located on the north side
of Highway 138, west of Spivey Road. The property contains approximately 2.32 acres and the request is to
increase the height of a sign.

Mayor Kelley noted that since Gary Howell had voluntarily lowered the sign he recommends denial of the
request to a modification to a condition of zoning. Mr. Howell will also install a monument base to the sign.

Ronnie Simmons made a motion to deny request; Fletcher Turner seconded, and motion carried.
SUMMIT PROPERTIES OF ATLANTA, GEORGIA, ROBERT TRUJILLO requested a modification to a
condition of zoning for property located in Land Lots 56, 57 and 72 of the 12th District, located adjacent and
west of I-675 and adjacent and east of 1-75 at Hanover Parkway. The property contains approximately 32.37
acres and the request is to modify a condition to allow for masonry buildings.

Robert Trujillo, Summit Properties, advised Council that Summit Properties is about to open their property
located between the two interstates south of Highway 138. Initially they intended building the entire project
with stone per the Henry County Ordinance and hardiplank in combination. Because of the delays over the
past six (6) months with the County’s long list of applications, etc. they could not slow down and had to build
according to the original condition to the zoning. They had to build to condition two (2); building shall be
constructed of brick, stone stucco or any combination, thereof. They will be very nice buildings with stone
and stucco.

His reason for being here tonight is because they have a few areas in the corridors, maintenance shop and
garages that are not visible from the street that they would like to build out of masonry but would like to use
the hardiplank instead of stucco. The hardiplank is more durable along the corridors. The project is ninety-
eight (98%) percent stucco and stone so technically he just wanted to come before the Council to make this
request.

A. J. Welch advised the Council that he thinks this request is appropriate but he reminded the Council that
the Council had directed him to prepare a Development Agreement on this project. The agreement was
prepared and sent to the Trujillo. They had a meeting and Mr. Trujillo was to get his comments back to Mr.
Welch. Mr. Welch has not received the agreement with Mr. Trujillo’s comments. The agreement needs to
be finished. Mr. Welch recommended the Council approve the Modification of Zoning Condition subject to
the Development Agreement being signed. Then it can be finished up with the Modification to a Condition
as part of the Development Agreement.

Mr. Trujillo said he just wants to make sure that he understands what he is going to sign because they do
have some comments that were changes from the original approvals. They were minor typos in the
Development Agreement and it has not been finalized by their attorney.

Mayor Kelley suggested it be tabled to the next meeting if their attorney doesn’t have the agreement ready.

Councilman Simmons asked if the Council could just approve this one segment of the request, from the
stucco to the hardiplank and let them proceed. Mr. Welch said they can proceed when the Development
Agreement is signed and this request will be part of the agreement.
Mr. Trujillo stated that the Development Agreement is very comprehensive. It covers everything from
setbacks to areas of green space that has a lot of things that are not included in the modification of zoning
request. He just wants to make sure their project is not held up by some inspector who says you have some
hardiplank on the side of your storage room and they cannot give them the certificate of occupancy because
they need to open by October 1, 2002. A. J. Welch responded the ball is in their court.

Mr. Trujillo said the Development Agreement is very comprehensive. Mayor Kelley said he thinks they agreed
to the Development Agreement in the original development plans. Mr. Welch responded that they had
previous agreed to the conditions and he reduced it to writing and sent them a copy of it. If they have any
problems that were not specifically covered in the zoning ordinance itself, they need to say so. The City
needs to get this thing over with, get it signed and filed of record where there want be any if, ands, or buts
about it down the road because the City has already agreed to allow them to move the apartments they had
in Clayton County over to the Henry County part as long they make it a part of the green area or part of the
amenity area and it could not be sold off. We have agreed to do that but we still haven’t gotten it in writing
from Summit Properties.

Mr. Trujillo stated that they have no problem with anything in the Development Agreement with the exception
of typos and other things in the Agreement that just aren’t accurate. Mr. Welch advised Mr. Trujillo to circle
them and send it to him. Summit Properties has had the Agreement for seven (7) weeks.

Mr. Welch recommended the Council approve the use of hardiplank and it be conditioned upon it being
incorporated into the Development Agreement and to cover all the issues of the previous zoning conditions.

Ronnie Simmons made a motion to approve the use of hardiplank and it be conditioned upon it being
incorporated into the Development Agreement and to cover all the issues of the previous zoning conditions;
Fred Evans seconded, and passed unanimously.

Mr. Trujillo stated that he understands that the approval to use hardiplank was subject to getting the
Development Agreement signed and sent to Mr. Welch so as not to delay their opening.

Variance:

HAYES ASSOCIATES, LLC OF FAYETTEVILLE, GEORGIA requested a variance for property located in
Land Lot 25, 36, 39 and 40 of the 12th District, located in “The Huntington” at Brentwood Park Subdivision.
The property contains approximately 35 acres and the request is for a reduction in the required side yard
setback. Henry County Planning and Zoning Staff recommended denial of this request. The applicant has
written a letter to Henry County Planning and Zoning that he has met with the County Fire Department and
the County Building Department and was informed that there is a ten foot (10’) separation distances which is
the County standard. Further investigation in this matter and the actual separation between two buildings is
six feet and anything below six feet needs fire rated walls.

Cal McShan with Hayes and Associates said that in their request for a five foot reduction, they would have
enough separation and would not get into the six foot requirement. This is the last phase of development of
the Huntington and they are not adding any additional lots for this variance. With the sixty-five foot width
setbacks the current requirements are ten foot setbacks to give the extra five feet of variance on the side.
The builder has square footage plans on these houses from 2,000 to 2,775 and to allow the larger houses,
the widths of the houses are going to increase. Some range from between up to 54’ down to 47’, so the
additional five foot is to compensate for the larger square footage. In most cases the builder has specified
that there won’t be a 54’ or 55’ width house next to another 55’ width house so there will be a ten foot house
separation. The houses will be spaced so the separation between the buildings will be more. He did contact
Fire Chief Kelley and he said it is anything between a zero and three feet requires a fire rated wall and they
do not like to take their equipment off the publicly designated right-of-way streets regardless of the setbacks.

Mr. McShan was asked to repeat the square footage of the homes. Mr. McShan stated that the current
requirements on square footage is 1,200 square feet and the 65’ building so they are trying to increase the
width. The Huntington lots are about the same size as the Gresham. The houses in the Gresham range
between 1,600 up to 2,500 square feet and by having a larger width they will be able to start the houses in
the 2,000 square foot up to 2,700 square foot range. This will increase the price of the homes. That’s the
whole idea by increasing the lot. Don Brock, Home Life Communities is present if there are any questions.
Mr. McShan stated that the same architectural requirements brick, stone, stucco, sodded yards and all other
regulations are still in effect.

Councilman Simmons asked how many lots are involved. Mr. McShan responded that there are two phases
with 72 lots in the first phase which is already platted and under constructions and 55 lots in the second
phase which the utilities and curbing is already installed. Councilman Simmons asked if every other house
were constructed in a manner where there are no windows on one side where the space is smaller between
the houses and have windows on the side where the space between the houses is greater.

Mayor Kelley said if the Council approves the request, the builder will up the size of the houses and up the
price of the houses. If the request is denied the houses will be built as already approved which is 1,200 to
2,000 square foot houses.

It was noted by one of the residents in this subdivision that the builder currently is not building according to
the subdivision agreement or the subdivision covenants. Part of the development will be multi-family and
they don’t want their neighborhood to go down in structure. The recreation area is not being constructed
according to the development agreement. The club house was to be 3,000 square feet and it is much less.
There is only one ball field and it should be two. There were suppose to be four tennis courts and there are
only two. If the Council approves the request, approve it in such a way to make sure they fall within the
covenants to keep the types of homes at a higher standard with brick front. If the houses are close together
those houses should have brick sides and that could help out with the fire issue. The City should keep and
eye on this development to make sure it happens. These houses are under warranty but the homeowners
are having to fix the problems because the builders want honor their warranties. A. J. Welch advised that
the Mayor and Council have no jurisdiction over the warranties. If a house is not in compliance with the
contract, that is a matter between the homeowner and builder. Cal McShan noted that the development
agreement is for the entire property, not just Brentwood Park. It is for the Lassiter property as well because
the total was 540 homes and this property will have to comply with the balance on the amenity packages.

Ted Strickland, City Manager, pointed out that the development includes a total of 575 homes and 192
apartment units on four units per acre. Mr. McShan said that the Huntington section is the last part that
Hayes and Associates owns and the remainder is owned by Lassiter and they will have to comply with the
development agreement. A. J. Welch said that once Planning and Zoning has inspected and have said they
are in compliance at this point in time, the City Council does not have anything else to do.

Mayor Kelley stated that Planning and Zoning is responsible for the enforcement of the agreement. Any time
the contractors are not in compliance with the agreement Planning and Zoning is suppose to stop
construction. Councilman Simmons suggested to the homeowners they are going to have to get with Planning
and Zoning to make sure that the development agreement in place is complied with accordingly.

Representative from the Planning and Zoning advised that the Building Department is responsible to enforce
the development agreement. Doug Gilbert is the director of the Building Department.

Kerri Harris Sprags, Gresham, stated that she has the same concerns as the people who live in the Whitaker.
A whole bunch of larger houses closer together is going to take away from the character of the neighborhood.
Instead of building larger houses, build the same size houses that have already been agreed upon and make
them better houses with brick fronts and sides use better building materials. Foundations have already been
pored before the matter has been voted on. Property value is a concern and building a larger house too
close together is not going to make anyone want to buy it. If they are going to buy a large house they want
space between house next to them.

Don Brock, Vice President of Construction, Hayes Associates explained that the larger home that they want
to build will have approximately 15’ between the houses. Councilman Simmons asked if their design states
what the space will be between house to house. Mr. Brock said he is waiting for this meeting to resolve
allotted acres. He has started ten homes and they have the required setbacks. He cannot build the largest
home 46’ Duncan because it would not fit; it is one foot too large. With a variance the Duncan will fit easily.
In some counties they have a zero lot line, fifteen foot separation which allows you to put a big house on the
lot line but then the house next door has to be real small to give a fifteen foot separation. Councilman
Simmons asked Mr. Brock if this could be platted out for approval and try to get it defined and say this is what
the plan will be and it want be changed. Mr. Brock said that would be difficult even if his sale staff tells him
what they want to build and someone wants a particular house on a specific lot he will try to accommodate
them. The homes will be of good quality brick and stone and if folks want to buy a big home and keep the
property values up, this is the way to go. Otherwise, they will have to go back to the little houses where the
smallest is 1,400’ and the largest is 2,100’ and you can see the price disparity.

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

Annexations:

GEORGIA SHERIFF’S YOUTH HOMES, STOCKBRIDGE, GEORIA requested rezoning from C2 (General
Commercial) unincorporated Henry County to C2 (General Commercial) within the City of Stockbridge. The
property is located at 3000 Highway 42 North in Land Lot 1 of the 11th District. The request is for annexation
into the City of Stockbridge.

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

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

OLD BUSINESS

2002 OCCUPATIONAL TAXES. There are four (4) businesses that have not paid their 2002 Occupation
Taxes. They have been notified by mail and Code Enforcement. The next action recommended is to have
Code Enforcement notify them to pay by a date set by Council. Failure to comply will result in the owners of
the business being summoned to appear before the Council to show just cause why they have not paid the
occupation tax. If the Council determines the taxes have not been paid, the business will be closed.

Ronnie Simmons made a motion to notify businesses that failure to comply will result in further action by the
Council; Fletcher Turner seconded; and passed unanimously.

NEW BUSINESS
WILEY JONES, 116 FLIPPEN ROAD, is zoned R3 (single family residential) and he has converted this
residence into a plumbing shop and the proper zoning for a plumbing shop is M1 (light manufacturing).

Mr. Jones stated he had permission from Henry County to open a plumbing business at the location. Later
he was advised by Henry County he had to come to the City for approval.

Mayor Kelley informed Mr. Jones that the proper procedure would have been to go to Henry County Planning
and Zoning to get it rezoned if he wants to put a plumbing business in there.

Mr. Jones said he does not want a plumbing business at this location because the taxes will eat him alive.
All employees have their own vehicles and drive them home. The only thing he will do is go in the gate and
check on stuff and tools. He already has a big shed that has already been built where he keeps his stuff and
tools. His son’s own personal truck is the only vehicle that will be parked on site.

Mayor Kelley asked if he is asking for a variance rather than rezoning. Mr. Jones said he just wanted to be
able to drop some stuff off. A. J. Welch said this would be considered a home occupation and the son would
have to apply for the home occupation license if he’s the one living there. Mr. Jones said his son want be
there after tonight. Mr. Jones said he owns the property.

Councilman Gardner asked if anyone is going to be living in the house if his son leaves. Mr. Jones responded
that no one will be living in the house. Councilman Gardner said he will not qualify for a home occupation
license if no one is living there.

Mr. Jones said he has been misled on what to do and he has spent over $3,000 to be in compliance with
what Henry County asked for and he does not want to cause in trouble. He stated that the area is going all
commercial.

A. J. Welch advised Council that he could apply for rezoning or variance but there is no business that he will
be allowed to conduct in a R-3 zoning. Ted Strickland said a plumbing business would have to be rezoned
to M-1 through the normal process and then if Mr. Jones sells the property anything could be put on the
property. Mr. Jones said he would put it in a contract that if he sells the property it would revert back to the
R-3 zoning.
Councilman Simmons told Mr. Jones that a number of people have applied for a home occupation and the
Council has instructed them that home occupations are for office only and equipment or supplies cannot be
stored on site in a residential zoning. The Council has not approved these types of businesses in the past.
Mr. Strickland stated that Mr. Jones came into the office for a license and he was told he must come before
the Council to get approval and told him the procedure he would have to follow.

Councilman Simmons made a motion to deny the request for a business at this location; Fletcher Turner
seconded, and passed unanimously.

CARLOS SABINO-ISLAS, 27 HIGHWAY 138 WEST, SUITE A-102, requested an occupational tax license
to operate a taxi service. Mr. Sabino-Islas has met all requirements of the ordinance, including background
check for last seven (7) years, safety inspection, and insurance requirements.

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

LOCAL ASSISTANCE ROAD PROGRAM. Council needs to approve the resurfacing of Duval Drive and
Tye Road under the LARP and authorize Mayor Kelley and Clerk to sign the Certificate of Ownership and
Agreement and return to the Georgia Department of Transportation.

Ronnie Simmons made a motion to authorize Mayor Kelley and Clerk to sign the Certificate of Ownership;
Fletcher Turner seconded, and passed unanimously.

HENRY COUNTY BOARD OF EDUCATION requested permission to install an antenna and repeater on the
new water tank on North Henry Boulevard to improve the school’s communication system.

Harold Cochran made a motion to approve; Ronnie Simmons seconded and passed unanimously.

LIVABLE CENTERS INITIATIVES (LCI), PROJECT MANAGEMENT AGREEMENT. Ted Strickland
explained that funds have been awarded in the amount of $1,500,000 from the LCI grant and the City will put
in $300,000 matching funds. The next step in the program will be to put the projects out for bids. The first
project will be Old Atlanta Road/East Atlanta Road Sidewalks and Reeves Creek Trail. The second project
will be improvements to South Lee Street Streetscape.
Ronnie Simmons made a motion to approve; Fred Evans seconded, and passed unanimously

2002 BUDGET AMENDMENTS – These amendments will not increase the budget but will move funds from
one account to another.

James Whitaker, Meeks and Whitaker, the City’s accounting firm advised the Council that overall the General
Fund is in need of some amendments. The revenues in the General Fund, the original budget was
$4,090,000 and is being amended to $4,493,000 which is an increase of $402,000. Total expenditures were
originally budgeted $3,320,000 and increased expenditures to $4,088,000 which is a $767,000 increase.
Before operating transfers of $404,000 there is money in General Fund. However, looking at the operating
transfers which have increased significantly, we will go into the reason for that under each fund but they were
originally budgeted for $783,000 to be transferred out of the General Fund and it has been increased to
$2,367,000 to be transferred out of the General Fund. That comes down to a net excess of expenditure over
revenues for $1,962,000 and that will be financed from reserves of prior years.

Mr. Whitaker said that some of the reasons for the increases in the General Fund is that the City did not
budget the $365,000 used for the purchase of additional land. Also some the Police Administration has
increased $85,000. The park budget has been increased $3,000 because the City received a grant in the
amount of $40,000 for park improvements. The Capital Projects fund has been amended because originally
estimated that $300,000 would have to be transferred out this year; however only phase I of the project that
is going to be worked on in 2002 and that is only going to require $240,000 match money to be transferred
from the General Fund to the Capital Projects fund for the TEA grant. The Water and Sewer fund has been
amended also but the majority of the increase is due to the cost of the digester. The cost was estimated at
$300,000 and it will be approximately $1,000,000. The Conference Center was to be completed in 2001;
however we had additional cost in 2002. Operating transfers will be $711,000 to be transferred from the
General Fund to the Conference Center Fund. Solid waste is being amended $44,000 in expenditure and
$37,000 in revenues.

Councilman Simmons made a motion to authorize the Mayor and Clerk to sign the Resolution adopting the
Budget Amendment and Transfers; Fletcher Turner seconded, and passed unanimously.

EXECUTIVE SESSION

Fred Evans made a motion to go into Executive Session to discuss possible pending litigation; Fletcher
Turner seconded, and passed unanimously.
Fred Evans made a motion to reconvene Regular Meeting; Harold Cochran seconded and passed
unanimously.

Fred Evans made a motion to adjourn; Harold Cochran seconded, and passed unanimously. Meeting
adjourned at 7:30 P. M.

Respectfully submitted,

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

ROBERT TRUJILLO, SUMMIT PROPERTIES

CITY OF STOCKBRIDGE

MINUTES DATED SEPTEMBER 9, 2002

SUMMIT PROPERTIES OF ATLANTA, GEORGIA, ROBERT TRUJILLO requested a modification to a
condition of zoning for property located in Land Lots 56, 57 and 72 of the 12th District, located adjacent and
west of I-675 and adjacent and east of 1-75 at Hanover Parkway. The property contains approximately
32.37 acres and the request is to modify a condition to allow for masonry buildings.

Robert Trujillo, Summit Properties, advised Council that Summit Properties is about to open their property
located between the two interstates south of Highway 138. Initially they intended building the entire project
with stone per the Henry County Ordinance and hardiplank in combination. Because of the delays over the
past six (6) months with the County's long list of applications, etc. they could not slow down and had to
build according to the original condition to the zoning. They had to build to condition two (2); building shall
be constructed of brick, stone stucco or any combination, thereof. They will be very nice buildings with
stone and stucco.

His reason for being here tonight is because they have a few areas in the corridors, maintenance shop and
garages that are not visible from the street that they would like to build out of masonry but would like to use
the hardiplank instead of stucco. The hardiplank is more durable along the corridors. The project is ninety-
eight (98%) percent stucco and stone so technically he just wanted to come before the Council to make this
request.
A. J. Welch advised the Council that he thinks this request is appropriate but he reminded the Council that
the Council had directed him to prepare a Development Agreement on this project. The agreement was
prepared and sent to the Trujillo. They had a meeting and Mr. Trujillo was to get his comments back to Mr.
Welch. Mr. Welch has not received the agreement with Mr. Trujillo's comments. The agreement needs to
be finished. Mr. Welch recommended the Council approve the Modification of Zoning Condition subject to
the Development Agreement being signed. Then it can be finished up with the Modification to a Condition
as part of the Development Agreement.

Mr. Trujillo said he just wants to make sure that he understands what he is going to sign because they do
have some comments that were changes from the original approvals. They were minor typos in the
Development Agreement and it has not been finalized by their attorney.

Mayor Kelley suggested it be tabled to the next meeting if their attorney doesn't have the agreement ready.

Councilman Simmons asked if the Council could just approve this one segment of the request, from the
stucco to the hardiplank and let them proceed. Mr. Welch said they can proceed when the Development
Agreement is signed and this request will be part of the agreement.

Mr. Trujillo stated that the Development Agreement is very comprehensive. It covers everything from
setbacks to areas of green space that has a lot of things that are not included in the modification of zoning
request. He just wants to make sure their project is not held up by some inspector who says you have
some hardiplank on the side of your storage room and they cannot give them the certificate of occupancy
because they need to open by October 1, 2002. A. J. Welch responded the ball is in their court.

Mr. Trujillo said the Development Agreement is very comprehensive. Mayor Kelley said he thinks they
agreed to the Development Agreement in the original development plans. Mr. Welch responded that they
had previous agreed to the conditions and he reduced it to writing and sent them a copy of it. If they have
any problems that were not specifically covered in the zoning ordinance itself, they need to say so. The
City needs to get this thing over with, get it signed and filed of record where there want be any if, ands, or
buts about it down the road because the City has already agreed to allow them to move the apartments
they had in Clayton County over to the Henry County part as long they make it a part of the green area or
part of the amenity area and it could not be sold off. We have agreed to do that but we still haven't gotten it
in writing from Summit Properties.

Mr. Trujillo stated that they have no problem with anything in the Development Agreement with the
exception of typos and other things in the Agreement that just aren't accurate. Mr. Welch advised Mr.
Trujillo to circle them and send it to him. Summit Properties has had the Agreement for seven (7) weeks.

Mr. Welch recommended the Council approve the use of hardiplank and it be conditioned upon it being
incorporated into the Development Agreement and to cover all the issues of the previous zoning conditions.

Ronnie Simmons made a motion to approve the use of hardiplank and it be conditioned upon it being
incorporated into the Development Agreement and to cover all the issues of the previous zoning conditions;
Fred Evans seconded, and passed unanimously.
Mr. Trujillo stated that he understands that the approval to use hardiplank was subject to getting the
Development Agreement signed and sent to Mr. Welch so as not to delay their opening.
