---
date: 2022-06-13
title: Regular Council Meetings Agenda Packet
source: 2022-06/2022-06-13_Regular Council Meetings_Agenda Packet.pdf
pages: 1
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STOCKBRIDGE Council Meeting
CITY COUNCIL Agenda
Mayor
June 13, 2022 6:00 PM
Anthony Ford
Mayor Pro Tem Alphonso Thomas
Councilman Elton Alexander
Councilwoman Yolanda Barber
Councilman John Blount
Councilwoman LaKeisha Gantt

CITY MANAGER
Frederick Gardiner

CITY CLERK
Vanessa Holiday
STOCKBRIDGE CITY HALL
CITY TREASURER 4640 NORTH HENRY BLVD.
John Wiggins
STOCKBRIDGE, GA 30281

Website: www.cityofstockbridge.com
CITY ATTORNEY
Quinton G. Washington Phone: 770-389-7900
Jeremy T. Berry Fax: 770-389-7912
AGENDA
COUNCIL MEETING
CITY OF STOCKBRIDGE
MONDAY, JUNE 13, 2022 6:00 PM

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

ADOPTION OF THE AGENDA

ADOPTION OF THE MINUTES
1 Draft Retreat Minutes March 8, 2022
2 Draft Retreat Minutes March 9, 2022
3 Draft Retreat Minutes March 10, 2022
4 Draft Minutes April 11, 2022
5 Draft Minutes SCM April 25, 2022
6 Draft Work Session Minutes April 26, 2022

PUBLIC COMMENTS - All persons wishing to speak for public comment must
sign in with the City Clerk prior to the beginning of the meeting. You must sign
your name, address, and phone number. You will be able to address the Mayor
and Council for three (3) minutes. Speakers must respect all members of the
elected body, officials, and staff. Defamation, unruliness and/or swearing will not
be tolerated while meetings are in session.

CEREMONIAL
7 Proclamation - Juneteenth Celebration
Page | 3

PUBLIC HEARING
8 COMPREHENSIVE PLAN AMENDMENT CASE #CP-2022-01 -- The City of
Stockbridge Mayor and City Council will hear a Comprehensive Plan
Amendment Request by Remi Rose Development, LLC, the Applicant,
represented by Battle Law, P.C., the Agent, to change the future land use
designation of certain property from ‘Low-Density Vertical Mixed-Use’ to ‘High-
Density Residential’ to allow for a mixed-use development. The property
contains two parcels, as are listed below, with 68.87 +/- total acres within the
Stockbridge City Limits. The City of Stockbridge Planning Commission recommends
approval.
#012-01003000 – The smaller parcel. Contains 3.131 +/- acres and comprises
the property at 1036 Highway 138 West, across from Spivey Road. Located in
Land Lot 55 of District 12.

 Parcel #012-01002000 – The larger parcel. Contains 65.743 +/-
acres. Situated adjacent to the western side of the smaller parcel, with
frontage on Highway 138 West, across from Tributary Parkway. Located
in Land Lot 42 of District 12.

9 REZONING CASE #RZ-2022-01 -- The City of Stockbridge Planning
Commission and the City of Stockbridge Mayor and City Council will hear a
Rezoning Request by Remi Rose Development, LLC, the Applicant,
represented by Battle Law, P.C., the Agent, to rezone certain property from the
C-1 (Neighborhood Commercial), C-2 (General Commercial), and PMU
(Parkway Mixed-Use Overlay) districts to the PUD (Planned Unit Development)
and PMU (Parkway Mixed-Use Overlay) districts to allow for a mixed-use
development. The property contains two parcels, as are listed below, with
68.87 +/- total acres within the Stockbridge City Limits.

 Parcel #012-01003000 – The smaller parcel. Currently zoned ‘C-1’ and
‘PMU’. Contains 3.131 +/- acres and comprises the property at 1036
Highway 138 West, across from Spivey Road. Located in Land Lot 55 of
District 12.
 Parcel #012-01002000 – The larger parcel. Currently zoned ‘C-2’ and
‘PMU’. Contains 65.743 +/- acres. Situated adjacent to the western side
of the smaller parcel, with frontage on Highway 138 West, across from
Tributary Parkway. Located in Land Lot 42 of District 12.

June 13, 2022 6:00 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900
Page | 4

OLD BUSINESS
10 Cultural Arts Center Funding Recommendation

NEW BUSINESS
11 Council consideration to approve updated or revised policies in sections of the
employee manual. - Presented by: Renee Wheeler
12 Council Consideration to fill a vacancy and appoint a member to the Youth
Council Advisory Committee to fill an unexpired term. - Presented by: Quinton
Washington
13 Council Consideration to approve a Youth Council Partnership with CaJo's Fam
Fest and Radio One to host a Gospel Concert on October 15, 2022, utilizing the
Stockbridge Amphitheater - Presented by: Ericka Harvey, Canton Jones
14 Council consideration to amend Stockbridge Code of Ordinances, Chapter
9.16, Pawnshops and Secondhand Dealers. - Presented by: Frank Trammer
15 Council Consideration to Amend Stockbridge Code of Ordinances, Chapter
11.04, Section 11.04.010- Disorderly Conduct - Presented by: Frank Trammer
16 Council Consideration to Amend Stockbridge Code of Ordinances Chapter
11.04.100- General Offenses Weapons Discharge Prohibited - Presented by:
Frank Trammer
17 Council Consideration to amend Stockbridge Code of Ordinances - Chapter
11.04 General Offenses - Section 11.04.140- General Offenses - Defecating or
urinating on public property or in certain areas. - Presented by: Frank Trammer
18 Council consideration to add a new ordinance under Stockbridge Code of
Ordinances, Chapter 11.04, Section 11.04.150 Monetary solicitation. -
Presented by: Frank Trammer
19 Council consideration to add a new ordinance under Stockbridge Code of
Ordinances, Chapter 11.04, Section 11.04.160 False representation to police or
any city department. - Presented by: Frank Trammer
20 Council Consideration to Amend Stockbridge Code of Ordinances , Chapter
11.04, Section 11.06, Section 11.06.010- Administration of state offenses in
municipal courts to add clarifying language and to remove duplicate phrasing. -
Presented by: Frank Trammer
21 Council consideration to add a new ordinance under the Stockbridge Code of
Ordinances, Chapter 11.20, Section 11.20.030 Loitering for illegal sexual
purposes. - Presented by: Frank Trammer
22 Council Consideration to add new ordinance under Stockbridge Code of
Ordinances, Chapter 11.24, section 11.24.030 Urban Camping - Presented by:
Frank Trammer

June 13, 2022 6:00 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900
Page | 5

23 Council Consideration to Amend the Stockbridge Code of Ordinances, Chapter
11.26, Section 11.26.040- Noise Nuisances- Specific prohibitions. - Presented
by: Frank Trammer

MAYOR'S COMMENTS (Mayor Anthony Ford)

ANNOUNCEMENTS OF UPCOMING MEETINGS & EVENTS - UPCOMING
MEETINGS & ANNOUNCEMENTS: Council meetings will be held in the City
Council Chamber noting some Board/Committee meetings will continue to take
place via Zoom. Meeting dates and times are subject to change. Please visit the
city’s website www.cityofstockbridge.com for the meeting invitation link,
Facebook page or contact City Hall offices at 770-389-7900 for updates. 
Downtown Development Authority Meeting, 6:00 p.m. Via Zoom - 3rd Tuesday of
each month Via Zoom (Jun 21)  Youth Council Advisory Committee Meeting,
6:30 p.m. - 3rd Tuesday of each month Levi Meeting Room - City Hall (Jun 21) 
Planning Commission Meeting, 4th Thursday at 6:30 p.m. Via Zoom – (Jun 23) 
City Council Work Session Meeting, *special meeting date on Wednesday – City
Council Chamber (Jun 29)  Main Street Advisory Board Meeting, 2nd Friday of
each month 9:00 a.m. Via Zoom (Jul 8)  City Council Meeting, Second Monday
of each month – City Council Chamber (July 11)  Youth Council Meeting, 5:30
p.m. - 2nd Wednesday of each month Levi Meeting Room - City Hall (Jul 13)
UPCOMING CITY EVENTS/INITIATIVES • A Continuous Salute to Veterans:
Please forward pictures of Veterans including name, branch, rank, and years of
service as Mayor Pro Tem Thomas presents a special tribute to our local
veterans. Pictures should be submitted to: Rosalynd Rawls at
rrawls@cityofstockbridge-ga.gov Thank you for your service! • Please join
Councilwoman Barber for FREE Zumba on every Saturday morning at Clark
Community Park at 8:00 a.m. Come out for fitness in the park! • Join us for Tasty
Tuesday Food Truck Takeover at Clark Park Tuesday, June 14th, June 28th, July
12th, July 26th, August 2nd, August 9, August 16, August 23rd and August 20th,
each day from 5:30 – 8:30 p.m. Come out and enjoy great food and family fun! •
Here is your opportunity to Meet the Mayor, and voice your questions and/or
concerns Wednesday, June 29, 2022 from 10 a.m. to noon (In-Person). Call
Rosalynd Rawls to schedule an appointment. 770-389-7900 ext. 248. • Join Mayor
Pro Tem Thomas for a Sip ‘n See Tour of the City’s Amphitheater, Wednesday,
June 21st from 4pm – 7pm. Here is an opportunity for the community to see
seating layout, get information on upcoming events, enjoy live music and
refreshments.

EXECUTIVE SESSION (Exemptions to the Georgia Open Meetings Acts)

ADJOURNMENT

June 13, 2022 6:00 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900
COUNCIL RETREAT
March 8, 2022
1:00 p.m.
Summary Minutes
Mayor & City Council Administration
Mayor Anthony S. Ford Frederick Gardiner, City Manager
Mayor Pro Tem Alphonso Thomas Vanessa Holiday, City Clerk
Councilman Elton Alexander John Wiggins, City Treasurer
Councilwoman Yolanda Barber Quinton Washington, City Attorney
Councilman John Blount Jeremy Berry, City Attorney
Councilwoman LaKeisha Gantt

Staff in Attendance: Decius Aaron, Public Works Director and Alan Peterson, Economic Development Director

Mission: To provide visionary leadership and superior municipal services that enhance the quality of life for citizens while
creating a welcoming business atmosphere focused on sustainability and expansion of tourism and cultural events.

DAY ONE AGENDA
Facilitated by Frederick Gardiner – City Manager

The meeting was called to order by Mayor Ford

Invocation by Mayor Ford

Pledge of Allegiance by all in attendance

City Clerk, Vanessa Holiday proceeded with the roll call with all members were present
except Councilwoman Gantt who joined the meeting at 2:15 p.m. and Councilman
Alexander who joined the meeting at 2:30 p.m.

Motion to amend the Agenda to add the Georgia Radio Alliance/Pepsi Pouring Rights
Agreement made by Councilman Blount; second by Mayor Pro Tem Thomas. The
motion passed 3-0.

Motion to amend the Agenda to add Proposed Annexation Presentation by Senator
Emanuel Jones made by Councilwoman Barber/Blount; Mayor Pro Tem Thomas
questioned if the proposed annexation includes Piedmont Henry Hospital, asked if the
governor supports the legislation, and asked if the legislation has the full backing of the
Henry County Delegation.

Councilman Blount noted there is no feasibility study for the proposed annexation and
there is no idea of what the cost to the city will be and how the additional services will
affect the city’s budget and expects the budget to double with unknown expenditures.

Mr. Gardiner noted the saving grace is for the unincorporated areas to come in, there
must be a ballot referendum in November 2022, and there is time to put together some
analysis.

Mayor Ford noted there will be town halls and discussions prior to the vote.

Councilman Blount noted that when the Council votes, the process will move quickly,
and councilmembers have not answer for the public and that is a concern.

The motion passed 3-0.

Motion to approve the Agenda made by Councilwoman Barber; second by Councilman
Blount. The motion passed 3-0.

Mayor Ford welcomed everyone in attendance and introduced officials and staff.
City Manager, Frederick Gardiner gave a Retreat Overview noting his 30-day
observation shows there are operational issues city; noted there would be a discussion
around Economic Development and Project updates; and information from this retreat
will be taken back to the Team meeting with the goal being to have a 3-month
assessment and quarterly meetings to make sure everyone is on the same accord.

Georgia Radio Alliance/Pepsi Pouring Rights Agreement – Stockbridge Amphitheater
Attorneys Quinton Washington and Jeremy Berry presented a Pouring Rights request
for Georgia Radio Alliance (GRA) and Pepsi for the Stockbridge Amphitheater noting
Pepsi’s pouring rights deals have been 5-year; however, this would be a 3-year deal,
which can be extended. Attorney Washington noted GRA has contracted with Pepsi for
more than 36 years and has multiple contracts with Pepsi throughout the state and has
negotiated a contract for the 3500 capacity Stockbridge Amphitheater of $15,000 -
$30,000 max annually.

Attorney Washington noted the Pepsi Concert Series has the Pepsi Strong Team which
is associated with Shaquille O’Neal and his daughter where Pepsi pays for the acts and
splits the proceeds with 60% of the proceeds going to the Henry County Fallen Officer’s
Fund and GRA and the City of Stockbridge each receiving 20%.

Mayor Pro Tem Thomas questioned why the City of Stockbridge was not at the table
and included in the negotiations; and noted the City has depended on another entity to
provide information to the city about the Amphitheater, and the information has not been
provided to the City Council timely, and there needs to be guardrails put in place.
Councilman Blount agreed, noting the TOAST system is the only thing the city has in
place.

Attorney Washington noted the city’s contract with GRA allows GRA to act on the city’s
behalf, noting if the city does not continue with GRA when their contract ends in
December 2022, the Pepsi Pouring Rights would remain in place.

Councilwoman Barber noted the city has a 1yr agreement with GRA and asked if there
could also be a 1yr agreement with Pepsi and noted the city was already at the table
with Pepsi and negotiating 60% for Pepsi and 40% for the city instead of receiving a
split with GRA of 20%; and referenced the city’s contract with GRA is a 85/15 split with
GRA receiving 15% of food and beverage and asked why the proposed percentage with
GRA is more at 20% and not equal to the 15%.

Attorney Berry noted Pepsi has negotiated a 3-yr. deal with GRA, and noted per Mayor
Ford, Coke is not a good fit.

Attorney Washington noted a decision needs to be made today regarding the pouring
rights because each day that it is not, there is a missed opportunity to sign a big artist.

Attorney Washington referenced the pre-existing relationship between Pepsi and GRA
and to cut them out would cause the deal to sour.

Councilwoman Barber asked for validation of the percentage increase to GRA from 15%
to 20%, noting she does not favor a 3-yr contract, nor does she agree with the GRA
20% split.

Attorney Berry noted the deal does not happen without GRA.

Councilman Blount motioned to accept the 3-yr contract with Pepsi for Pouring Rights;
second by Councilwoman Gantt;

Mayor Pro Tem Thomas noted the Amphitheater is a learning curve for the city, and
relying on the city’s administration and legal team, and that the city is in a legally binding
contract with GRA; noted the city, which consists of the governing body, need to learn
from this experience, and how the city handles what he believes to be a $30 million

Amphitheater going forward; and noted it is critical that information come to the full
Council, and not just the Mayor, City Manager or City Attorney.

Councilwoman Barber noted the GRA contract needs to expire with no funding after
December 31, 2022; and the 15% should be consistent.

Councilman Blount noted there will be no legitimacy with GRA after December 31,
2022.

Mr. Gardiner noted, for a point of clarification, when the contract ends, all payments to
GRA would be null and void with two additional years with the Amphitheater
management firm, whoever that may be; noting, the goal is to put it out for bid and hire
and expert in the area and being certain to shore up the weaknesses.

The motion passed 3-0-1 (Barber Abstained citing a lack of having all the pertinent
information) (Councilman Alexander was not present for the discussion or vote).

Senate Bill 612 – Annexation of unincorporated Henry County Land into the City
Senator Emanuel Jones referenced the previous defeat of cityhood de-annexation of
parcels from Stockbridge for the proposed city of Eagles Landing and noted he went
back to his colleagues to try to find a remedy of fixing the boundaries of Stockbridge,
and as the primary sponsor of the Bill, he was able to gain bi-partisan support of Senate
Bill 612 from Senator Brian Strickland of the 17th District who also represents a small
portion of Stockbridge; noted the Bill had its first reading this morning; noted the
purpose of the Bill is to clean up the City of Stockbridge boundaries, and presented the
proposed map and referenced the blue shaded areas as those parcels to be annexed
into the city; noted the 2020 estimated populations was around 28,000 and the
increased population would go to 51,000 and also create Council Districts; thanked the
City Council for their support; and believes this Bill will have a positive outcome for the
city and the southside.

Councilman Alexander thanked Senator Jones for his leadership with the cityhood battle
and proposing annexation legislation to close the gaps that are within and surround the
city; noted the issues of public safety concerns will be addressed with a more defined
area; noted this is a bold idea by Senator jones to bring the city into the 21st century and
take the city to the next level, finally galvanizing the area; noted the progress of
Stockbridge with its major, the Amphitheater and Police Department is positive
progress; noted citizens will embrace the good efforts, and noted Stockbridge will be
better positioned to capitalize on new development.

Mayor Ford noted there will be equal district representation with the proposed Council
Districts and looks forward to the referendum passing in November 2022.

Senator Jones asked for support of Senate Bill SB612.

Mayor Pro Tem Thomas asked about the percentage of commercial parcels in the
proposed annexation.

Senator Jones noted he was unsure of the percentage of commercial parcels and noted
that because there were parcels of 500+ residents, the annexation must be placed on
the ballot as a referendum.

Councilwoman Gantt thanked Senator Jones for making the city whole, noting the
annexation will be great for constituents and Henry County, and thanked Senator Jones
for his leadership.

Senator Jones noted the Bill has bi-partisan support, and because of that, he is
confident the governor will sign the Bill; noting the leaders of the city will need to
explain, market, and sell the benefits of annexation.

Mayor Pro Tem Thomas asked about the timeline of the process.

Senator Jones noted the Bill has had its First Read and has been signed off and gone
through the SLOGO Committee and will go to the full Senate for a vote in the next 2-3
days, and then over to the House with the same process; noted he spoke with the
House Chair, Representative Demetrius Douglas, and believes because the Bill has bi-
partisan support the governor will sign the Bill within the next 2-3 weeks, and he would
provide the copies of the map to present at town halls.

Motion to convene Executive Session for Personnel, Litigation and Real Estate made by
Councilwoman Alexander; second by Councilman Alexander. The motion passed 5-0.

Motion to End Executive Session made by Councilwoman Gantt; second by
Councilwoman Barber. The motion passed 5-0.

Motion to Reconvene the meeting made by Councilwoman Gantt; second by
Councilwoman Barber. The motion passed 5-0.

Falcon Engineering and Design LLC – Adam Price, Skip Layton, and John Palmer
Mr. Skip Layton provided updates of the following projects:
 2021 LMIG Paving – Awaiting legal opinion from the City Attorney related to cost
increase requested by the contractor, East Coast Grading.
 2022 LMIG Paving – Awaiting the city’s Procurement Department having fully
executed contracts followed by Falcon Design scheduling a pre-construction
conference.

 2023 LMIG Paving – Awaiting the proposed list of roadways from the city for this
project to begin the evaluation and recommendations.

 Downtown Alleyway/Burke Street – Site is currently permitted but revisions are
being made to include repaving/restriping the area of existing asphalt, adding
lighting to match main street. Plan revisions are anticipated to be completed on
February 28, 2022 and submitted to the city.
 Stormwater Construction of the Magnolias at Eagles Landing project has been
completed.
 Stormwater Engineering/Construction of 103 Turning Point has been completed.
 Stormwater Engineering 2021 Improvements have been completed.
 Noted there are no current on-call stormwater projects at this time.
 Smith-Barnes Sanitary Sewer Basin Rehabilitation Phase II Sewer Project – the
city has submitted notification that the contract has been executed and a pre-
construction conference is being scheduled.
 East Atlanta Road/Lee Street Roadway Improvements – construction underway,
but the projected is being delayed due to acquisition of easements.
 Lee Street Amphitheater Parking and Pedestrian Improvements – design has
been submitted to the city for review.
 Neighborhood Stormwater Concepts – Engineering has completed the concept
and the cost estimate has been provided to the city. Note: current market should
require updated pricing. Waiting on direction from the city to move forward,
 GIS Stormwater Database Updates – this is an on-call service requested by the
city and there are no current projects.
 Sanitation and Stormwater Billing FY2022 – this is an on-call service requested
by the city and there are no current projects.
 Gateway and Wayfinding Signage – Engineering completed this task in August
2021. Awaiting new task request and direction from city staff to assist with Phase
II implementation.
 Sidewalk Projects – Survey has been completed and submitted to the city for
review.

Falcon Design referenced the trees in the right-of-way along the Amphitheater Road,
noting the installation and placement of the trees was not under their purview and sees
the trees in this area to be problematic and will cause buckling under the pavement.

After discussion, Mr. Aaron noted the city’s Public Works staff would be responsible for
removing the trees.

Public Works Update – Decius Aaron, Public Works Director
Mr. Aaron noted the city’s infrastructure is a critical investment, noting aging,
deteriorating and obsolete infrastructure within the city and gave a timeline and
expected life for pipeline and valves, mechanical equipment, wells and springs, storage
tanks, meters, lift stations and concrete areas; noted there are currently 42 active
projects; noted the 2023 LMIG street lists with 4.66 miles to be resurfaced; noted the

State Department of Transportation LMIG funding for Henry County and the four cities
to be $5,131,044 and the city of Stockbridge receiving $331,465.47; noted the city will

collaborate with the County on two T-SPLOST projects: Rock Quarry Rd.- Road
Widening and Rock Quarry Rd. – New Road; noted the city’s TSPLOST projects for
Road & Pedestrian Sidewalks and Improvements, Curb & Gutter and New Trails.

Motion to adjourn: Thomas/Barber Passed 5-0.

Respectfully submitted by:

Vanessa Holiday, City Clerk MMC Anthony S. Ford, Mayor

COUNCIL RETREAT
March 9, 2022
9:00 a.m.
Summary Minutes
Mayor & City Council Administration
Mayor Anthony S. Ford Frederick Gardiner, City Manager
Mayor Pro Tem Alphonso Thomas Vanessa Holiday, City Clerk
Councilman Elton Alexander John Wiggins, City Treasurer
Councilwoman Yolanda Barber Quinton Washington, City Attorney
Councilman John Blount Jeremy Berry, City Attorney
Councilwoman LaKeisha Gantt

Mission: To provide visionary leadership and superior municipal services that enhance the quality of life for citizens while
creating a welcoming business atmosphere focused on sustainability and expansion of tourism and cultural events
DAY TWO AGENDA
Facilitated by Frederick Gardiner – City Manager

The meeting was called to order by Mayor Ford

Invocation by Mayor Pro Tem Thomas

Pledge of Allegiance by all in attendance

City Clerk, Vanessa Holiday proceeded with the roll call with all members were present
except Councilwoman Gantt who joined the meeting at 11:09 a.m.

Motion to approve the Agenda made by Councilman Alexander; second by Mayor Pro
Tem Thomas. The motion passed 4-0.

Mr. Gardiner noted the Strategic Plan is a forecast and plan for the next 3-5 year, noting
the city will get there with a S.W.O.T. (Strengths, Weaknesses, Opportunities, and
Threats) Analysis; noted we will build from that along with other additional tools noting
the goals and objectives to be accomplished; noted the information from today’s
meeting will be shared with the team; and introduced the InnerComm team, Bill Stark,
Tim Feinbert and Joy Marshall.

Mr. Stark noted the Council is the subject matter expert and asked everyone to
introduce themselves, with their background as people first, and officials second, noting
success begins with good strong relationships, and collaboration is getting to the goals
that have been set by the city.
Councilman Alexander noted the City Council prioritized projects for the city.

Councilman Blount noted that in addition to the Vision/Mission statement, the city needs
commitment and responsibility to the citizens and not be emotional; stating you don’t
have to be friends to be friendly.

Mr. Stark noted everyone needs to be committed to the vision, and staff will receive the
information today and determine if the goals/timelines can be achieved.

Mayor Pro Tem Thomas noted staff is not carrying out the goals that have been set by
the Council and believes there is a breakdown; noting it is hard to be self-critical, and
that everyone is not understanding their role.

Councilwoman Barber agreed.

Councilman Alexander noted citizens elected the members of Council to lead; noted the
Council endeavors to hire the best staff to carry out the directives; and noted the role of
staff is to carry out the vision and stay out of the political mix.

Councilman Blount agreed noting the City Council is the Legislative branch of the city
and has the duty of hiring professionals, and not micro-manage staff.

Councilman Alexander noted there are issues that pre-date the current City Manager.

Mr. Stark asked what is it that you expect? What do you believe to be fair? And asked
that everyone in attendance be brutally honest.

Mayor Pro Tem Thomas noted there is a difference between micro-managing and
oversight and noted the use of the phrase micro-managing is corporate lingo.

Councilman Blount noted if staff is asked to complete a task in 3-hours, that’s the
directive, noting if you tell the staff member how to complete the task, that’s micro-
managing, the directive is to complete the task.

Councilman Alexander stated it’s a fine line, noting collectively,

Mr. Stark noted the key is to set goals and determine how to get there and referenced
the city’s acronym PEACE.

Councilman Barber noted as the newest member of Council, she had no input in the
city’s Vision/Mission statement, and is okay with it; and noted she would like to see
accountability and respect, and be able to voice her opinion on matters; noted she will
not conform to the dysfunction; and makes every effort to reject what has happened in
the past.

Councilman Blount noted there is perception and there is reality, and we need to get to
the truth.

Mr. Feinbert asked everyone to be open to what you are saying.

Ms. Marshall told the story of the Pataki Gods and how sometimes it is intentional to
cause confusion.

Mr. Stark referenced the SWOT analysis completed in 2021 noting the Strengths,
Weaknesses, Opportunities and Threats.

Mayor Ford noted the Aquatic Center was one of the items included and has been
placed on hold by the County.

Mr. Stark noted how the Strategic Plan benefits citizens because it provides clarity of
direction, sets expectations of what’s to come, provides a way to be heard (via input),
and acts to hold staff and elected officials accountable.

Mr. Stark noted how the Strategic Plan benefits elected officials because it translates
citizen input into high-level priorities, provides long-term direction, helps shape policy,
budget, and resource allocation, keeps citizens informed, it is a process to alter plans as
dynamics change and sets stakeholders requirements for execution.

Mr. Stark noted how the Strategic Plan benefits staff because it provides clear direction,
provides accountability, sets expectations, allows team to coalesce around a plan, and
helps build morale and teamwork.

Mr. Stark noted the success components for a Strategic Plan would be setting priorities,
compromise, commitment, measurement, and communication.

Councilwoman Barber noted she understands three votes of the Council is approval,
however, she believes it is equally important that each member be heard.

Councilman Alexander agrees that each member should be acknowledged and heard,
however he has learned that it is best to pick your battles.

Mr. Feinbert noted that even if you disagree with the decision, as a Council, you should
support the city and buy in to the decision.
Councilman Blount referenced GMA Elected Officials Training noting what you should
and should not say as elected officials.

Councilwoman Barber noted when you don’t agree, you should not attack your
colleagues; noted she is not here for the politics and wants to be transparent and share
information with the public.

Councilman Blount noted a disagreement is not an attack; and stated he acts based on
GMA training and is certain you should not do/say certain things out front because that
affects everyone.

Councilwoman Barber noted councilmembers know the information is true and factual,
however, they refuse to accept the information.

Mayor Pro Tem Thomas noted that often-times we lose sight of the decision-making
process, noting that when decisions have to be made, you may disagree with the
decision, but you should be able to support the decision; noted as a team, you support
the decision and that is where councilmembers fall short when the decision is not
supported.

Mr. Feinbert noted there is an obligation to the citizens.

Councilman Alexander referenced Supreme Court decisions where there are two
opinions offered, noting dissent is the greatest form of patriotism.

Mr. Stark noted members should be allowed to talk, but also listen.

Mayor Ford noted he will sometimes voice his opinion, noting his main focus is
presiding over the meeting; and noted he has been accused of allowing members to talk
too long, and while he is not perfect and makes mistakes, he is mindful of the meeting
being publicly archived.

Councilman Blount noted he calls for a Point of Order when items go off-topic.

Councilwoman Barber noted she sees the Point of Order as a deflection, specifically
when she is advocating for truth, honesty, and transparency; noted she follows up and
holds staff and Council accountable; noting she is not a politician.

Councilman Blount noted by virtue of the position, each member of the Council is a
politician; and noted there is lack of respect for the process.

Mayor Ford noted communication needs to improve, and information should be
distributed to the full Council.
Mr. Stark noted sometimes less is more.

Councilman Alexander noted there have been so many years of noting advancing.

Councilman Blount referenced the number of staff changes in the City Manager position
in recent years, causing instability.

Mayor Pro Tem Thomas noted in many cases, it’s one and done and the city has to
start over, noting it has gotten better on maintaining the progress.

Councilman Blount noted continuity is important, however, the directives to staff should
continue at the staff level, not the elected officials.

Mr. Stark noted it is important to hold the City Manager accountable.

Councilman Alexander noted the Council set the priorities and approved a
Comprehensive Plan for the city, engaged the public for their input, and now there
needs to be a timetable in place for the deliverables; noting the average tenure for a
City Manager in municipal government today is 4-5 years, and prior to 2010, it was
upwards of 30 years.

Councilwoman Gantt noted her tenure began with the city in turmoil and no staff at city
hall to run the operations effectively, and a team needed to be assembled, and that took
some time.

Mayor Pro Tem Thomas agreed, noting citizens were unaware of the turmoil and
knowing what was happening in the background.

Mr. Stark noted the city can’t change the Plan every two years because of an election,
noting the Plan must survive.

Mr. Gardiner noted consistency is key, and you can’t be successful if your organization
is operating based on fear; noted city staff is afraid to make decisions; referenced the
revitalization of Downtown Decatur Square and how the city had to adjust to the reality
of their city and make changes on how they operated, and today it is thriving; and
referenced the proposed annexation plan where the Council will need to collectively sell
the idea of annexation, positively.

Mayor Pro Tem Thomas noted it is important to support the decisions of the vote made
by Council.

Councilman Blount noted members of the Council should respect the procedures and
respect each other.
Mayor Ford noted he appreciates good open and honest dialogue and respects this
process where Council has opened up to real conversations to respect each other’s
opinions and come together; noted he sees a good positive outlook regarding the
proposed annexation and asks the Council to refrain from the negative in public,
keeping it behind closed doors and work together as a team and promote unity.

Councilwoman Gantt noted less is more, however, proper planning is going to be
essential.

Councilman Alexander agreed there needs to be an agreed upon plan which is key to
moving forward collectively.

Mr. Stark noted what the Strategic Focus Area would consist of: More budget, more
attention, more internal resources/time, more partnerships, and more public
involvement; and further noted that strategic priorities are not short-term projects or last-
minute ideas or even capital projects per se.

Following an exercise in groups, the elected body determined the top strategic focus for
the city shall be Quality of Life, Economic Development, Sustainability and
Cultural/Diversity and placed emphasis on the city’s logo “Where Community
Connects.”

Mayor Pro Tem Thomas noted there must be a priority placed on sidewalks, curb, and
gutters.

Mr. Gardiner noted the plans may be updated to include broadband and enhanced
technology.

Mayor Pro Tem Thomas noted the Cultural Arts Center has been bonded in the amount
of $14 million dollars and the project has been approved for $18 million dollars, and the
Council needs to approve and finalize the $4 million dollars of funding, seeking out
partnerships and collaborations and likewise doing the same for the community center
noting planning is key.

Mr. Gardiner agreed that launching partnerships will also enhance workforce
development; promote the city using billboards for marketing and advertising; and
launching a city-wide campaign to promote the city, hosting a State of the City annually,
newsletters, town halls sponsored by the city and having a universal carbon footprint
and a citywide beautification program in lieu of a council initiative; building trust with
staff and staff trusting officials.

Councilwoman Barber noted it is important that staff hire individuals who meet the
requirements of the job.
Mayor Pro Tem Thomas noted the Council’s role in setting the criteria for the creation of
positions as prescribed by the Charter and approved with the adoption of the budget.

Councilman Blount noted the City Manager presents the budget to the Mayor & Council
and there needs to be one person who reports to the Council.

Mayor Pro Tem Thomas noted each councilmember needs to lend their voice to the
budget and need to provide input, noting several items brought to the Council’s attention
highlighting waste and misuse; noted the governing body is to provide oversight, and
approve the budget.

Mr. Gardiner noted his observation thus far is that city hall administration is not working
in a high-performing environment, referenced concerns between staff and officials;
noted he does not work well in a micro-managed environment; and would provide the
Council with a 90-day analysis; noted he had been made aware of a job description
changed by the Council, noting while someone may not meet the criteria of a job, they
may be able to do the job.

Mayor Pro Tem Thomas thanked Mr. Gardiner for his insight and noted the former City
Manager was at the table when the job descriptions in question were changed and was
part of the discussion for those changes as he was aware of prior hiring deficiencies,
and that Council’s expectation is to hire staff based on the criteria in the job description
as approved and that it would be irresponsible to hire otherwise.

Councilwoman Barber noted Council should not use staff as a pawn and that she will
not conform to the dysfunction.

Councilman Blount noted directives given by the Council have been overlooked and the
Council has previously hired unqualified professionals.

Ms. Holiday noted that in her position as City Clerk, it is problematic that there are
members of staff who do not know and/or understand the role of the City Clerk as
official custodian of records, and that it is a continuous issue to receive information,
documents, and records from staff.

Councilwoman Barber noted that she speaks on matters in her area of expertise noting
she wants to fully speak the truth; wants the best for the city; wants to be effective in her
role as a part of the governing body and public servant and that the city delivers to the
community with accolades or acknowledgements.

Mr. Stark noted the suggested focus areas: Manage own public safety needs,
strengthen relationships, grow the economy, improve quality of life (infrastructure,
other), and brand, culture, and image.

Mr. Stark noted the way that you get to the point of making wise choices and decisions
is to have open discussions and allow others to be heard, be clear on the facts and
need, invite healthy conflict, compromise, and choose great over good.

Mr. Stark noted the next steps would be to set timelines for launch and completion, set
milestones for Strategic goals, assign sponsor/owner, and utilize staff resources and
council updates; will follow up with Mr. Gardiner to schedule information to bring back to
staff.

Motion to adjourn: Alexander/Barber

Respectfully submitted by:

Vanessa Holiday, City Clerk MMC Anthony S. Ford, Mayor

COUNCIL RETREAT
March 10, 2022
9:00 a.m.
Agenda
Mayor & City Council Administration
Mayor Anthony S. Ford Frederick Gardiner, City Manager
Mayor Pro Tem Alphonso Thomas Vanessa Holiday, City Clerk
Councilman Elton Alexander John Wiggins, City Treasurer
Councilwoman Yolanda Barber Quinton Washington, City Attorney
Councilman John Blount Jeremy Berry, City Attorney
Councilwoman LaKeisha Gantt

Mission: To provide visionary leadership and superior municipal services that enhance the quality of life for citizens while
creating a welcoming business atmosphere focused on sustainability and expansion of tourism and cultural events.

DAY THREE AGENDA
Facilitated by Frederick Gardiner – City Manager

The meeting was called to order by Mayor Ford

Invocation by Councilman Alexander

Pledge of Allegiance by all in attendance

City Clerk, Vanessa Holiday proceeded with the roll call with all members were present
except Councilman Blount and Councilwoman Gantt.

Mr. Gardiner introduced Ms. Heidi Small, an Executive Coach who has provided team
building services to major corporations, school boards, municipal governments and
facilitated retreats.

Team Building - Heidi Small, Facilitator L.E.A.P. Consultancy
Ms. Small reviewed the ground rules for the day’s team-building exercises, noting the
expectations from the team, individuals, and facilitator; noted the team needs to
understand the mission, goals, show respect and understanding, keeping in mind these
are all working relationships; noted the best leaders know their strengths and
weaknesses and understand the impact the governing body has on others, and knowing
what really matters.

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Ms. Small referenced a book by Patrick Lencioni, the Five Dysfunctions of a Team and
recommended the Mayor, Council and Executive Team read the book.
Ms. Small noted that it is okay do disagree because if two people always agree, one of
them is not necessary.

Ms. Small reviewed the assessments taken by the Mayor & Councilmembers,
individually and as a group.

Mayor Pro Tem Thomas noted that the exercises will encourage him to promote more
teambuilding and the “no” for him is to fail to keep him informed on requests with
accurate information.

Mayor Ford noted that he can be stubborn and is working on be more open to changes,
and the “no” for him is providing statements that are not accurate or factual.

Councilman Alexander noted he was able to see how he overextends himself and
needs to pull back on some things, and the “no” for him is not being straight forward and
getting to the point without a lot of detail.

Councilwoman Barber noted she prefers to lead with encouragement and coaching, and
the “no” for her is not to allow her to speak her mind.

Mayor Pro Tem Thomas noted today’s activities were great teambuilding exercises and
hope what was accomplished today is not lost and that the governing body applies what
was learned today, daily; referenced a story of overcoming the fear of swimming,
specifically for African Americans and women; noted life’s lessons apply to municipal
government and seeking knowledge and information is very beneficial and thanked
Mr. Gardiner for bringing Ms. Small in today offering her expertise.

Mayor Ford noted it was good training, and a first-time concept for him; noted he has a
better understanding of his teammates and hopes this information will be helpful for staff
as well; thank Mr. Gardiner for bringing Ms. Small in as the facilitator; noted it is
unfortunate the other teammates were not here today to participate; appreciates the
knowledge and understanding of everyone learning more about themselves and positive
interactions with each other.

Councilwoman Barber noted she is an introvert, despite what others may think; noted
she is bold and courageous and moves in silence not needing the attention; noted she
has good intentions for the city and has learned a lot here today with her assessment
being spot on, will continue to work on building trust, and will use what she has learned
today in her personal and public life.

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Councilman Alexander noted the information today was very helpful to help him to
understand what makes each of his fellow councilmembers tick; noted he has a better
grasp on his weakness; noted he appreciates that the group is very detail-oriented,
which protects him, while he is aiming for so much.
Mr. Gardiner note the goal is to revisit this process periodically, noting it is important for
staff to join in on the assessment and know the triggers for better communication; noted
he wants to continue to work on being an effective team and collaborate and
communicate better as a group; noted he wants to change the environment and culture
to give you what you need to make decisions and build trust, and become more
effective. That is the goal.

Ms. Small thanked the Council for their attention and participation and hoping it was
learned that you need to meet people where they are, respect each other and listen
effectively.

Motion to adjourn: Thomas/Alexander Passed 3-0.

Respectfully submitted by:

Vanessa Holiday, City Clerk MMC Anthony S. Ford, Mayor

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CITY COUNCIL MEETING
SUMMARY MINUTES
MONDAY, APRIL 11, 2022 6:00 P.M.
Mayor & City Council Administration
Mayor Anthony S. Ford Frederick Gardiner, City Manager
Mayor Pro Tem Alphonso Thomas Vanessa Holiday, City Clerk
Councilman Elton Alexander John Wiggins, City Treasurer
Councilwoman Yolanda Barber Quinton Washington, City Attorney
Councilman John Blount Jeremy T. Berry, City Attorney
Councilwoman LaKeisha Gantt
Mission: To provide visionary leadership and superior municipal services that enhance the
quality of life for citizens while creating a welcoming business atmosphere focused on
sustainability and expansion of tourism and cultural events.

The meeting was called to order by Mayor Ford.

Invocation by Mayor Ford.

Pledge of Allegiance was recited by all in attendance.

City Clerk, Vanessa Holiday was asked to proceed with a verbal roll call. All members
were present except Councilman Gantt

Councilman Alexander motioned to amend the agenda -To adopt a Resolution to resume
in-person meetings contingent upon the science: Second by Councilwoman Barber. The
motion passed 4-0.

Councilman Alexander motioned to adopt the agenda: Second by Councilwoman Barber.
The motion passed 4-0.

Councilman Alexander motioned for the Adoption of the minutes as presented: Second
by Councilwoman Barber. The motion passed 4-0.
1 Draft Minutes February 14, 2022
2 Draft Minutes February 22, 2022

PUBLIC COMMENTS - All public comments must be submitted to the Clerk no later than one
hour prior to the meeting. The Public Comment Form can be found on the City’s webpage on the
City Clerk’s page at: https://stockbridge.seamlessdocs.com/f/20pkdz4mo7xb and the form must
include your name, phone, and email contact information. Comments are limited to (3) three
minutes and will be read by the Clerk during the meeting, respecting all members of the elected
body, officials, and staff. Comments including defamation, unruliness and/or swearing will not be
accepted.

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Bruce Smith, Sr. submitted a comment where he referenced the city’s recent concert and
events without masks and questioned why City Council meetings were being virtual and
not in person with public access.

Mayor Ford noted the Agenda had been amended to address in-person meetings.

Sunny Randazzo submitted a comment asking the Council to address noise mitigation at
the Amphitheater, noted the effects of the noise to residents in the area; and questioned
why City Council meetings were being virtual and not in person with public access.

Mr. Gardiner noted city engineers and architects have been tasked to address the
matter.

Councilwoman Gantt joined the meeting.

CEREMONIAL
3. Proclamation – Child Abuse Awareness Month
Mayor Ford presented a proclamation for National Child Abuse Awareness Month.
Robin Jones of Paint Henry Blue thanked the City of Stockbridge for its commitment and
continued support to the children of Henry County.

4. Proclamation – Medical Laboratory Professionals Week
Mayor Ford presented a proclamation for Medical Laboratory Professionals Week.
Dr. Paul Brown thanked the City of Stockbridge for recognizing the Lab Professionals
and accepted on behalf of the Lab Group at Piedmont Henry Hospital.

PRESENTATION
5. Henry County Chamber of Commerce & Visitors Bureau Annual Hotel/Motel Tax
Report for the City of Stockbridge FY2021.
Presented by Laura Luker, Director of Tourism and Joseph Henning, Henry County
Chamber President
Ms. Luker presented the Annual CVB Report for FY2021, noting the CVB is a
Destination Marketing Organization (DMO) that is charged with marketing Henry County
as s destination for tourist to eat, play, meet and stay; reviewed the Mission; noted the
role of the CVB is to promote tourism, conventions and trade shows and that it is all
about advertising and publicity; noted the CVB is charged with looking at what the city
has and how best to market what the city has to offer; noted the CVB is a private non-
profit (by law, a 501 (c) (6) entity and is supported by hotel/motel tax as a Division of the
Chamber with its on Board of Directors and Financials, and is geographic and industry
specific unlike the Chamber which is membership based and is currently promoting the
cities of Stockbridge, Hampton and Locust Grove along with Henry County; noted the
CVB promotes everything that brings tourists to the area such as restaurants, attractions,
accommodations, caterers, special event venues, special events and film sites focusing
on leisure travelers, youth sports teams, business travelers, brides/weddings, family
reunions, corporate meetings, day trippers, and production companies, and does not
promote to residents; noted the City of Stockbridge collects 8% of the Hotel/Motel Tax for
stays per night, and noted in July 2021, Airbnb and Vacation Rentals were added for the
collection of the 8% tax; noted of the 8% collected, 37.5% is unrestricted funds, 43.75%
is restricted and must be used toward tourism and 18.75% is restricted and must be
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used toward tourism and product development; noted the 2021 Stockbridge Hotel/Motel
Tax Collection was $481,868 with 37.5% or $180,700 Non-Restricted, 43.75% or
$210,818 Restricted toward the CVB for Tourism; and 18.75% or $90,350 Restricted
toward Tourism and Product Development for a total of $271,050 to the City; noted the
City of Stockbridge accounted for 25% of the CVB operating budget in 2021 and has 5
hotels and (1) bed & breakfast; referenced the CVB annual budget and expenses;
reviewed CVB advertising for the city of Stockbridge in 2021: • Free city spread (content
& images provided by city) • Use of city colors to color code listings within grids •
Distributed at hotels from Stockbridge to Florida line • Distributed in the after-hours area
at four Georgia Welcome Centers in brochure racks custom made by BarnBeautiful •
Distributed 39,000 guides in 2021 • Increased production and expanded distribution
programs for 2022; noted the Visit Henry Guide has the Stockbridge Lakes Bed &
Breakfast picture on the front cover; noted BarnBeautiful has brochure boxes in
Welcome Centers across the state; referenced the billboard advertising for the city with •
3 permanent locations • 2 additional boards as part of Explore Georgia marketing grant
and is expanding to (7) seven billboards • Four designs rotated; noted Print & Digital
Ads: Ads in Atlanta Style Weddings, Georgia Travel Guide, Southbound Magazine,
Georgia State Parks Guide, Georgia State Parks website, TripAdvisor, Georgia
Sourcebook, AtlantaMagazine.com among others; referenced print ads and stated
visitors are taking time to read the ads; referenced the video advertising featuring the
Martin Luther King, Sr. Heritage Trail and history with 467,830 Stockbridge specific video
ads server via YouTube, Connected TV and Over-the-top TV, more than 382,161
completed views and over 2,000 clicks to the City of Stockbridge page or itinerary; noted
the Digital Display Ads have the Henry History that has 809,796 impressions, over 3200
clicks and noted all ads and links were Stockbridge specific content featuring what is
unique to Stockbridge and features Floyd Chapel Baptist Church; referenced the website
• 114,843 sessions • 178,272 pageviews • 98,480 users • City of Stockbridge landing
page & itinerary received 14,125 pageviews • A Day Well-Spent in Stockbridge, GA
itinerary was the second most visited page • 2:17 minute time on pg.; referenced the
Earned Media and 3.58 million total Impressions, $36,759 Total Est. Value; noted stories
mentioned on Good Day Atlanta which led to an $800 purchase and is an example of
how media can drive spending; noted the Partner Programming which is beneficial for
partners to get to know each other and build great relationships and includes: •
Hospitality Mixers • Conversations Continued • Quarterly Partner Promotions • Monthly
Customer Service Awards • Tourism Marketing Grant; referenced the free Training
Programs where over 120 people have gone through the program; referenced the
Diversity, Equity & Inclusion training Hospitality for All program with speakers who are
experts in the area, with a quiz at the end of the program to make certain the information
is retained; referenced the Social Media stats: • 132,741 Impressions • 90,312 Reach •
7,832 Engagement Followers • 8,077 – Facebook • 2,509 – Instagram • 1,279 – Twitter;
noted New Initiatives: • Custom coloring sheets designed by Henry County artist • Given
out with branded crayons • Coloring sheets include fact about location depicted •
Different activities on the back • Launched with coloring contest; received 83 entries •
Available to download from CVB website • 13,500 sheets distributed at State Visitors
Information Centers, during race weekend at Atlanta Motor Speedway and at local hotels
and restaurants, noting one of the coloring sheets is Floyd Chapel Baptist Church;
referenced the Bushy Tail Art Trail where artists show off their talents throughout Henry
County with 18 locations and growing, and looking to expand to 30 locations.

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Mr. Henning expanded on the Diversity, Equity and Inclusion program noting partners
have been flattering with the commentary stating they learned something they did not
know, and that the program is very practical and ties together with cultural customer
service where it goes hand-in-hand; and noted the Henry County Diversity, Equity and
Inclusion program is further along than most and is free for partners to participate.

Councilwoman Gantt thanked Ms. Luker and Mr. Henning for the presentation, noting
she did not fully understand the role of the CVB before, and does now, noting the Board
does an excellent job of promoting businesses.

Councilman Alexander thanked Ms. Luker and Mr. Henning for the presentation, noting
the partnership and asked about the promotion of McDonough, considering they are not
contributing to the program and seems to be heavily promoted.

Ms. Luker noted McDonough has their own internal CVB Program and promotes the city
of McDonough.

Mr. Henning noted the CVB promotes unincorporated Henry County/McDonough, but not
within the city limits of McDonough.

Councilman Alexander asked for the make up of the Chamber and CVB as it relates to
minorities.

Mr. Henning noted of the (7) seven members, four are women, two African American
and a LBGT members

Ms. Luker noted the CVB is part of the (7) members and two are women with one African
American.

Councilman Alexander referenced the city’s Supplier Diversity Policy.

Ms. Luker noted the CVB is required to report to the DCA (Department of Community
Affairs) annually.

Councilman Alexander asked if the business is required to be a member of the Chamber
to receive advertising from the CVB.

Ms. Luker confirmed the does business is not required to be a member of the Chamber.

Councilman Alexander noted he would like to see more advertising featuring the city’s
Amphitheater.

Ms. Luker noted at the time of print, the information was not available from the city, and
is however included in brochures under activities and events.

Councilman Alexander noted the Amphitheater was part of the LCI approved by the city
and is a $23 million-dollar state-of-the-art facility that needs to be promoted and led to
Stockbridge being chosen to construct the STEM school and is key to getting the word
out.
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Ms. Luker noted she is currently working with the Stockbridge Events Team to package
and advertise the upcoming concerts, events, and other promotions.

Councilman Alexander noted the CVB is welcome and invited to set up a table at city
event to promote the city.

Mayor Pro Tem Thomas thank Ms. Luker and Mr. Henning for the presentation and
noted the city is converting one of its buildings to a Welcome Center and asked Ms.
Luker to share her thoughts on what she thought would be the impact.

Ms. Luker noted each city is different, noting some municipalities operate remotely.

Councilman Blount thanked Ms. Luker and Mr. Henning for the presented and noted
what he has noticed is the advertising of the city by the CVB has evolved and changed,
noting the city has certain uniqueness and components and those are being addressed.

Mr. Henning noted the CVB, and Chamber are working together on promoting the cities
and the County.

Councilman Blount asked about the CVB members attending the city’s ribbon cutting
events.

Mr. Henning requested the Clerk to include the CVB and Chamber in on the distribution
of the information, noting the would be happy to attend.

The City Clerk noted the City’s ribbon cuttings are coordinated by the Community
Development Department and Business Services, and she would notify them
accordingly.

Councilman Alexander noted, he certainly sees a difference and an improvement in the
promotion of the city.

PUBLIC HEARING
6. VARIANCE CASE #VR-2022-01 for 727 Bethpage Drive—Nitesh Patel, the applicant
and owner of a residential lot at 727 Bethpage Drive (Parcel ID #051F01220000),
requests a variance to reduce the property’s rear yard setback from the required 75 feet
(for a golf course-abutting lot) to 50 feet to allow for the construction of a new single-
family detached home. The property is located in Land Lot 17 of District 6 within the
Stockbridge City Limits. It comprises Lot 14 of Block W within Unit XI of the Eagle’s
Land Subdivision.
Presented by Brecca Johnson, Community Development Director, Linda Logan, Senior
Planner and Ryan Anderson, Chief Planner
Ms. Logan noted the property was zoned PD (Planned Development) as of the date of
the application and before the newly approve UDC; the approved plat for the Eagle’s
Landing Subdivision requires a 75-foot rear yard setback for lots which abuts a golf
course; noted the applicant has requested to reduce the rear yard setback from 75 feet

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(required for golf course-abutting lots) to 50 feet and submitted a letter on March 16,
2022 agreeing to the rear yard setback to 65 feet to build a new home; noted there has
been similar activities with other lots who is received approvals for rear setbacks
reductions.

Councilman Alexander noted staff is allowed to approve a 10% Administrative Waiver.

Ms. Logan noted the Administrative Waiver was for the difficult topography for other
cases and cannot be used.

Mr. Gardiner noted some planning departments allow for an Administrative Variance and
will depend on the staff member approving or denying the request.

Ms. Johnson noted the original request of 75 ft. did not allow for the Administrative
Variance and was not until after advertising, the applicant decided to go with 65ft and the
Administrative Wavier was not an option because they did not meet any topographical
issues.

Councilman Blount noted he agrees and inquired if the applicant is asking for 65ft. and if
looked at, is there anything to disturb the land such as water run-off.

Mr. Anderson noted the applicant was threatened with an outright denial by staff for a
25ft reduction, the applicant negotiated with staff and agreed t0 65 ft.

Councilwoman Gantt noted she recommends going with the staff recommendation.

Ms. Johnson noted the Planning Commission met on March 24, 2022 and approved the
reduction from 75 ft. to 50 ft.; the planning staff recommended 50ft with the approval of
the variance request and the staff recommended 65ft.

Public Hearing Opened

No Speakers in Favor No Speakers Opposed

Public Hearing Closed

Councilwoman Gantt motioned to approve as recommended by the Planning and Zoning
Staff with conditions: Second by Councilman Alexander. The motion passed 5-0.

APPROVAL WITH CONDITIONS of a variance to reduce the rear yard setback to 65
feet, provided that the following four Zoning Conditions are met:
a. The property shall be developed only in accordance with a revised site plan,
which is similar to the submitted one (which was prepared by Sibley-Miller
Surveying & Planning, Inc. on 10/29/21 as Job No. L2021147, and which was
received on February 7, 2022), which shows that the rear yard setback will be no
greater than 65 feet. Said site plan may be conceptual only and it must meet or
exceed the requirements of the current Zoning Code and these conditions prior
to the approval of a Land Disturbance Permit. If these recommended Zoning
Conditions cause the approved site plan to be substantially different, the
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applicant shall be required to complete the concept review procedure prior to
applying for a land disturbance permit. Unless it is otherwise noted herein,
compliance with all conditions shall in in place prior to the issuance of the first
Certificate of Occupancy.

b. The rear yard setback shall be no less than 65 feet, which shall be measured
from the rear yard property line to the nearest point of the proposed home (the
principal structure).

c. The property shall be developed in accordance with all other specifications of the
Eagles Landing Property Owners Association (ELPOA).

d. The property shall be developed in accordance with all other specifications of the
approved plat for the Eagle’s Landing Subdivision, Unit XI.

NEW BUSINESS
7. Council Consideration to fill a vacancy and appoint a member of the Downtown
Development Authority Board
Presented by Alan Peterson, Economic Development Director
Mr. Peterson noted he serves as the Staff Liaison on the Downtown Development
Authority Board has received more applications than expected and are still reviewing
with an update to follow at the April 26, 2022 Work Session Meeting.
No Action

8. Council Consideration to approve the East Atlanta Road/Lee Street Roadway
Improvements Project Change Order No.1 with Summit Construction Development for
the modification of the traffic signals and the use of the alternate bid pricing for street
print crosswalks in the amount of $292,181.85. The funding source is from SPLOST.
Presented by Decius Aaron, Public Works Director and Skip Layton, Falcon Design
Mr. Aaron noted the city has requested to have two (2) traffic signal modifications located
at on East Atlanta and North Henry Blvd. and North Lee Street and North Henry Blvd. by
painting the arms black and to include street print for crosswalks.

Mr. Layton noted this item was included in the presentation during the city’s Retreat in
March.

Councilman Alexander motioned to approve the East Atlanta Road/Lee Street Roadway
Improvements Project Change Order No.1 with Summit Construction Development for
the modification of the traffic signals and the use of the alternate bid pricing for street
print crosswalks in the amount of $292,181.85. The funding source is from SPLOST:
Second by Councilwoman Gantt. The motion passed 5-0.

9. Council consideration to grant the Chief of Police the authority to implement and/or
amend police department policies and procedures with review by legal counsel as
appropriate, excluding policies and procedures with a financial impact greater than
$5,000.
Presented by Frank Trammer, Police Chief

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Chief Trammer noted staff is looking for approval of policies and procedures authorizing
himself to implement policies necessary for the Police Department; noted staff has
committed to the Georgia Association of Chief of Police to be apart of a State
Certification Program which is independent and comes to evaluate policies and
procedures to insure they met the criteria of current polices and procedures and
recommends operating guidelines; and noted there are 139 state standards and only
132 out of 1214 are currently stated certified; noted stated policies and procedures are
written in accordance with the stated approved standards and the liability to the city,
department and officers are reduced and provides up to a 20% discount on the
insurance premium through GIRMA.

Councilwoman Gantt inquired if the Council is expected to vote on policies and
procedures that have not been presented to or read by Council.

Chief Trammer noted with most jurisdictions the authority is given to the Chief of Police
to implement the policies and procedures.

Mr. Gardiner agreed with Chief Trammer’s remarks and noted the goal is to become
nationally certified.

Mayor Pro Tem Thomas noted he has a problem with the process, but not the
certification process and would have liked to have had the presentation be viewed by the
Mayor & Council prior to the meeting; noted he has a concern with a lack of oversight by
the Council with given the Chief of Police the authority to create policies and procedures
without checks and balances such as stop an frisk, choke holds, etc. and does not see
the Police Department any different from other departments of the city.

Chief Trammer noted the City Manager could have oversight if he wishes to be involved
and noted local jurisdictions surrounding policing gives authority to the Chief of Police to
oversee policies and procedures.

Mr. Gardiner noted the polices in Public Works on how to treat water is not approved by
Council and any changes made are done through administration for state mandated and
state review purposes; and noted the police department operates paramilitary and if any
policies are violated, they will face jailtime.

Attorney Berry added the City of Atlanta’s Council did not approve their police dept.
policies; if Council approved the policy and something went wrong, Council and the city
are legally binding and noted it would be better to not approve to protect the city and
Council.

Councilman Alexander noted creating a citizens review board and making sure it is in
partnership with citizens.

Mayor Ford noted the police department is a sub-set to Council and the Chief of Police
would need to update Council on the policies and procedures.

8|Page
Councilman Blount noted Council does not need to know when the police dept will
change the policies and procedures and noted Council should not micromanage any
department.

Mayor Pro Tem Thomas noted there is a difference between oversight and
micromanaging, noting the City Council is charged with the governance of the entire city.

Councilwoman Barber referenced the statement made earlier by Chief Trammer noting a
20% discount with GIRMA and requested a cost comparison with the current insurance
versus GIRMA.

Mr. Gardiner noted the police department will carry liability insurance and it would be
cheaper under GIRMA who is with GMA (Georgia Municipal Association) and noted
bringing on a professional risk manager as the police department grows; and noted the
ISO rating would drop and effect homeowners and businesses that carries liability
insurance.

Councilwoman Barber inquired if the vehicle usage would be included in policy.

Chief Trammer noted the vehicle usage policy was approved separately but will be
included in the overall policy.

Councilwoman Barber inquired on the difference between the citizens advisory board
and the citizen review board.

Chief Trammer noted the review board has the authority to make recommendations for
disciplinary actions; advisory board is more of an oversight board and gives opportunities
to weight in and be involved with things impacting public safety and polices.

Councilwoman Gantt noted she research and read the US Dept. of Justice Office of
Community Oriented Policing which stated Police Chiefs can implement and write the
policies and requested copies of the policy goes out to Council.

Chief Trammer noted nothing will be of mystery and Council will be able to read policies
once written.

Councilwoman Barber motioned to amend the Agenda to consider a Resolution
regarding the Citizens Advisory Board and Citizens Review Board: Second by
Councilman Alexander. The motion passed 5-0.

Councilwoman Gantt noted there needs to be a definite answer for having a review
board and noted she does not think the review board application should be put out at the
current moment.

Councilman Alexander noted the boards can be determined when and if to move forward
with a solicitation.

Mr. Gardiner noted if the applications are solicited, citizens may assume a decision
would be made quickly.
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Councilman Blount noted the importance of having parameters and qualifications set in
place before the application process starts.

Mr. Gardiner requested Council to allow staff to look at what has been the best practices
and present information at the May Work Session meeting.

Attorney Washington referred to the City Clerk for the process of creating the Resolution
and or Ordinance for the Advisory Boards.

Ms. Holiday noted the action of the Council resolving to move forward with the Boards
would be done by Resolution and the Ordinance to create the Board would follow with
By-laws, etc. and the process would take longer than 30 days.

Councilman Alexander suggested moving forward with the creation of the Citizens
Advisory Board.

Councilwoman Gantt noted she is not in favor with implementing a review board now but
could move forward with the Advisory Board.

Councilwoman Barber motioned to approve to granting the Chief of Police the authority
to implement and/or amend police department policies and procedures with review by
legal counsel as appropriate, excluding policies and procedures with a financial impact
greater than $5,000: Second by Councilman Alexander. The motion passed 5-0.

Councilwoman Barber motioned to task staff with researching and preparing an
application for stakeholders to apply for the Citizens Review Board and Citizens Advisory
Board with a draft of the criteria to be presented to the Council at the May 2022 Work
Session meeting: Second by Councilman Alexander. The motion passed 5-0.

Councilwoman Barber motioned to amend the Agenda to consider a Resolution for City
Insurance: Second by Mayor Pro Tem Thomas. The motion passed 5-0.

Councilwoman Barber motioned to task staff with seeking a proposal from Georgia
Municipal Association for GIRMA noting the 20% savings on liability insurance to be
presented to the Council at the April 26, 2022, Work Session meeting: Second by Mayor
Pro Tem Thomas. The motion passed 3-2 (Blount/Gantt Opposed).

10. Council Consideration to approve the Wrecker Services Policy for the City of
Stockbridge.
Presented by Frank Trammer, Police Chief
Chief Trammer noted staff is looking for the approval of a wrecker service which has
been vetted by legal and to the adoption of a wrecker service for use for the city and
police department; noted the policy will govern how wrecker services are enter into
contracts with the selected service, describes the criteria by which the wrecker service
operator should govern themselves, maintain safe and roadworthy vehicles, specify the
minimum required equipment for the wrecker services and ensure that prices charged to
the public are fair; noted the use of the wrecker services would include removal of
immediate traffic hazards, unattended or illegally parked vehicles, responding to
emergency situations and transporting vehicles to and from the police impound.
10 | P a g e
Chief Trammer noted the policy would not apply to services initiated by the city or
representative; the city expects vehicle owners/operators in non-emergency situations to
use a private wrecker service; the city’s representative may advise the vehicle
owner/operator or property owner of their option and responsibility to call a wrecker
service of their choice; noted the towing service fees mimics Henry County Police
Department with a few changes to prices; noted the County is charging a total max cap
of $500 for additional extraordinary service and the city will cap at $300 for additional
extraordinary service; total max charge of a non-city vehicle would be $600 and $360 for
a city vehicle with the County charging $800 for a non-city and $360 for city vehicles;
noted there were negotiations with the wrecker company in not charging an expense for
a city vehicle for the first tow. $35.00 for the second tow if need and $55.00 for the third
tow; the current agreement with the county is $35.00 per city vehicle; noted there would
be no charge for the first 24 hours of storing a vehicle, $25.00 for a standard vehicle and
based on the Gross Vehicle Weight Rating (GVWR) which depends on the size of the
vehicle will determine the prices; noted the county did a Request for Quote (RFQ) in
2021 for wrecker services and Swanson Wrecker services won the contract for the
northern part of the city and are agreeable to the terms listed.

Mayor Ford noted a few years ago an Ordinance was passed for parking on the streets
and noted the policy brought forth does not addressing illegally parked vehicles on the
street.

Chief Trammer noted the policy does include the removal of unattended vehicles or
illegally parked vehicles from the public right-of- way.

Councilwoman Barber inquired if the city is piggybacking off a state contract with
negotiations and noted the city would need to go through its own procurement if
negotiations are on the table.

Attorney Berry noted the city could set prices om what they would charge the public and
can not set the prices of the towing company.

Councilwoman Barber noted the county contract expires in September 2022 and
inquired what would happen to the city under the contract.

Attorney Berry noted he believes there is one more extension and the city would have to
re-bid as an option.

Mr. Gardiner noted a scope of services could be put out around June and will still stay in
contact with the county to see if they renew the contract.

Mr. Gardiner requested to have the contract in place to give staff time to solicit and have
a vendor chosen by August.

Councilman Alexander motioned to approve the Wrecker Services Policy for the City of
Stockbridge: Second by Councilwoman Gantt. The motion passed 4-0-1 (Barber
Abstained noting the Henry County contract expires September 2022).

11 | P a g e
11. Council Consideration to Award Annual Contract for wrecker services to Supreme
Trio LLC (dba Swanson Towing and Recovery) piggybacking off of Henry County's
Contract # HC_21-98.
Presented by Frank Trammer, Police Chief
Chief Trammer noted staff is seeking to piggyback off the county contract that was
awarded September 2021 and not renewed by the county, there would be an alternate
solution.

Councilwoman Barber motioned to approve as an interim contract with staff preparing
and advertising to bid the services with an alternate vendor noting the Henry County
contract expires September 2022: Second by Councilwoman Gantt. The motion passed
5-0.

12. Council Consideration to approve the Public Works Department request to renew the
annual contract (RFP 2020-0026) with Site Engineering, Inc. for on-call water & sewer
emergency & operational repair/maintenance and construction services in the amount of
$255,000.00 as approved in the FY2022 stormwater budget.
Presented by Decius Aaron, Public Works Director
Mr. Aaron noted the annual on-call water & sewer emergency & operational
repair/maintenance was solicited for bid November 2020 and closed February 2021 and
was awarded to Site Engineering, Inc. in April 2021, which makes this the first renewal of
the contract and staff is asking for renewal of the contract; noted there have been
numerous calls from citizens informing of storm drains not properly draining but had no
call on Turning Point where Site Engineering just completed a project for the city and
proposed two new projects on Path wood lane and Creekview Overlook.

Councilman Blount inquired on the expiration date of the contract.

Mr. Aaron noted this this the first renewal with five renewals and has come before
council before but was tabled and expires if not renewed April 12, 2022.

Councilman Blount asked the City Clerk why the item was previously tabled.

Ms. Holiday noted from the Minutes approved, Mayor Pro Tem Thomas motioned to
deny the renewal and re-bid; seconded by Councilwoman Barber, noting the second was
withdrawn following a discussion where Councilman Blount noted the request renew and
increase the contract was too close to the contract renewal date, and the City Manager
offered a recommendation to Table the item to allow him some time to go back and
review and advise the Council.

Councilman Blount inquired on the number of days the city is supposed to give for
nonrenewal.

Mr. Gardiner noted a minimum of 30-45 days.

Mayo Pro Tem Thomas asked the City Clerk for the outcome of the motion.

Ms. Holiday noted the item was Tabled.

12 | P a g e
Mayor Pro Tem Thomas asked if the contract is not approved then what would be the
next steps.

Mr. Gardiner noted if there was an emergency, staff would have to call around and pay
whatever price is being charged, noting it was on him that the item was not brought back
timely to the Council to decide; and apologized to the Council for not bringing the
information back sooner for consideration,

Councilwoman Barber thanked Mr. Gardiner for taking responsibility and noted once the
suggestion was made to table by Mr. Gardiner, that is the reason why she withdrew her
second to the motion Mayor Pro Tem Thomas made; noted she will not approve any
contracts or renewals at the last minute and requested staff to not bring items without all
the information and to have staff look at the overall operations of the city; and asked that
staff bring contracts up for renewal to the Council more timely to allow for the opportunity
to re-bid if that is the desire of the Council – at least 90 days before the expiration date.

Mr. Aaron noted when a contract is about to expire, procurement sends a form without to
the department that does not include the expiration date and the form asks questions on
the services performed and if they would like to renew the contract.

Councilwoman Barber inquired on the contract award amount.

Mr. Wiggins, City Treasure noted it was awarded for $159,390.

Councilman Blount motioned to approve the renewal of the contract in the amount of
$159,390.00: Second by Councilwoman Gantt. The motion failed 2-1-2 (Alexander
Opposed, Barber and Thomas Abstained). Councilwoman Barber noted she abstained
because she was expecting more information from staff prior to the contract expiring).

Councilman Alexander motioned to reconsider: Second by Councilman Blount. The
motion passed 3-1-1 (Thomas Opposed, Barber Abstained).

Councilman Alexander motioned to approve a one-year contract renewal for Site
Engineering On-Call services in the amount of $159,390.00: Second by Councilman
Blount. The motion passed 3-0-2 (Barber/Thomas Abstained).
Councilwoman Barber noted she abstained because she was expecting staff to provide
more information to the Council prior to the contract expiring on tomorrow and it did not.

13. Council Consideration to approve a Resolution to resume in-person Council
meetings effective April 26, 2022 contingent upon the science and CDC guidelines.
Presented by Quinton Washington, City Attorney
Attorney Washington noted a Resolution was drafted to re-open city offices noting the
County never passed a Resolution for re-opening; and noted a new Resolution would
repeal the August 2021 Resolution the city piggybacked off from the County.

Attorney Washington also noted COVID rates have decreased, and the city would
remove the State of Emergency and empower the city manager to have a transition plan,
work with the State and federal agencies to be able to coordinate public health
responses needed.
13 | P a g e
Councilman Alexander motioned to approve a Resolution to resume in-person Council
meetings effective April 26, 2022 contingent upon the science and CDC guidelines:
Second by Councilman Blount. The motion passed 4-0-1 (Thomas abstained).

COMMENTS FROM THE MAYOR
Mayor Ford noted the Council passed a Resolution to resume in-person meetings; noted
we are still in a pandemic with COVID hospitalization numbers down, an masks optional;
noted free PCR COVID testing is available Monday, Wednesday and Friday from 9am –
3pm at Red Hawk Field in McDonough, and the Department of Public Health is
administering the Moderma and Pfizer vaccinations and free COVID testing from 9am –
11:30am and 1pm – 2:30pm to walk-in’s or call 470-661-0005 for an appointment on
Henry Parkway in McDonough,

UPCOMING MEETINGS & ANNOUNCEMENTS: Meetings will be held via Zoom unless
otherwise noted. Meeting dates and times are subject to change. Please visit the city’s
website www.cityofstockbridge.com for the meeting invitation link, Facebook page or
contact City Hall offices at 770-389-7900 for updates.
➢ Youth Council Meeting, 5:30 p.m. - 2nd Wednesday of each month Levi Meeting
Room - City Hall (April 13)
➢ Main Street Advisory Board Meeting, 2nd Friday of each month 9:00 a.m. Via Zoom
REVISED APRIL MEETING DATE (April 15) CANCELED
➢ Downtown Development Authority Meeting, 6:00 p.m. Via Zoom - 3rd Tuesday of
each month Via Zoom (Apr 19)
➢ Youth Council Advisory Committee Meeting, 6:30 p.m. - 3rd Tuesday of each month
Patrick Henry Meeting Room - City Hall (April 19)
➢ City Council Work Session Meeting, Last Tuesday of each month – Via Zoom
(Apr 26)
➢ Planning Commission Meeting, 4th Thursday at 6:30 p.m. Via Zoom – (Apr 28)
➢ City Council Meeting, Second Monday of each month – Via Zoom (May 9)
UPCOMING CITY EVENTS/INITIATIVES
• A Continuous Salute to Veterans: Please forward pictures of Veterans including
name, branch, rank, and years of service as Mayor Pro Tem Thomas presents a
special tribute to our local veterans. Pictures should be submitted to:
zpearson@cityofstockbridge-ga.gov Thank you for your service!

• Join Stockbridge Councilwoman Yolanda Barber for some Easter family fun on
Saturday, April 16th at Stockbridge First United Methodist Church from 4pm to
6pm and Sunday, April 17th at Mt. Olive Baptist Church immediately following
Easter services from 10:30 am – 12:30 pm. All free! Free ice cream! Free face
painting! DON'T MISS IT!

• Job Fair, Thursday, April 21, 2022 – 10:00 a.m. – 1:00 p.m. in the Amphitheater
parking lot. City-wide job fair with Goodwill and Omega Fraternity and Delta
Sorority and will include an Ex-Offenders Job Fair. There will be on-site resume
assistance and immediate hirings.

14 | P a g e
• Here is your opportunity to Meet the Mayor, and voice your questions and/or
concerns Monday, April 25, 2022, from 10 a.m. to noon. Call Zenovia Pearson to
schedule an appointment. 770-389-7900 ext. 248.
Councilman Alexander motioned to adjourn: Second by Mayor Pro Tem Thomas. The
motion passed 5-0.

Respectfully submitted by:

Vanessa Holiday, City Clerk MMC Anthony S. Ford, Mayor

15 | P a g e
SPECIAL CALLED MEETING
SUMMARY MINUTES
MONDAY, APRIL 25, 2022 6:00 P.M.
Mayor & City Council Administration
Mayor Anthony S. Ford Frederick Gardiner, City Manager
Mayor Pro Tem Alphonso Thomas Vanessa Holiday, City Clerk
Councilman Elton Alexander John Wiggins, City Treasurer
Councilwoman Yolanda Barber Quinton Washington, City Attorney
Councilman John Blount Jeremy T. Berry, City Attorney
Councilwoman LaKeisha Gantt
Mission: To provide visionary leadership and superior municipal services that enhance the
quality of life for citizens while creating a welcoming business atmosphere focused on
sustainability and expansion of tourism and cultural events.
The meeting was called to order by Mayor Ford.

Invocation by Mayor Ford.

Pledge of Allegiance was recited all in unison.

City Clerk, Vanessa Holiday was asked to proceed with a verbal roll call. All members
were present except Councilman Alexander and Councilman Blount.

Councilwoman Gantt motioned to adopt the Agenda; second by Mayor Pro Tem Thomas.
The motion passed 3-0.

Councilwoman Gantt motioned to convene Executive Session for Personnel; second by
Mayor Pro Tem Thomas. The motion passed 3-0

Councilwoman Gantt motioned to adjourn Executive Session; second by
Mayor Pro Tem Thomas. The motion passed 3-0

Mayor Pro Tem Thomas motioned to reconvene the meeting; second by Councilwoman
Gantt. The motion passed 3-0.

Mayor Pro Tem Thomas motioned to adjourn; second by Councilwoman Barber
The motion passed 3-0.

Respectfully submitted by:

Vanessa Holiday, City Clerk MMC Anthony S. Ford, Mayor
1|Page
COUNCIL MEETING
SUMMARY MINUTES
MONDAY, APRIL 26, 2022 6:00 P.M.
Mayor & City Council Administration
Mayor Anthony S. Ford Frederick Gardiner, City Manager
Mayor Pro Tem Alphonso Thomas Vanessa Holiday, City Clerk
Councilman Elton Alexander John Wiggins, City Treasurer
Councilwoman Yolanda Barber Quinton Washington, City Attorney
Councilman John Blount Jeremy T. Berry, City Attorney
Councilwoman LaKeisha Gantt
Mission: To provide visionary leadership and superior municipal services that enhance the
quality of life for citizens while creating a welcoming business atmosphere focused on
sustainability and expansion of tourism and cultural events.
The meeting was called to order by Mayor Ford.

Invocation by Pastor Lavell Sanders, Stockbridge First United Methodist Church

Pledge of Allegiance was recited by all in attendance

City Clerk, Vanessa Holiday was asked to proceed with a verbal roll call. All members
were present except Councilwoman Gantt.

Mayor Pro Tem Thomas motioned to amend the Agenda - To remove Item #3 Henry
County Board of Education Presentation, Add Item #10 City Resolution approving
Second Intergovernmental Development Agreement with the DDA; Add Item #11
Second Intergovernmental Development Agreement; Add Item #12 City Resolution
Regarding Restatement of DDA Activation and Clarification of DDA’s Name: Second by
Councilman Alexander. The motion passed 4-0.

Councilman Blount motioned to adopt the Agenda: Second by Mayor Pro Tem Thomas.
The motion passed 4-0.

REVIEW OF THE MINUTES – No Action
1 Draft Minutes March 14, 2022
2 Draft Minutes March 29, 2022

1|Page
PUBLIC COMMENTS - All public comments must be submitted to the Clerk no later than
one hour prior to the meeting. The Public Comment Form can be found on the City’s
webpage on the City Clerk’s page at:
https://stockbridge.seamlessdocs.com/f/20pkdz4mo7xb and the form must include your
name, phone, and email contact information. Comments are limited to (3) three minutes
and will be read by the Clerk during the meeting, respecting all members of the elected
body, officials, and staff. Comments including defamation, unruliness and/or swearing
will not be accepted. None

PRESENTATION
3. Henry County Board of Education 5-year Strategic Plan
Item Removed from the Agenda

OLD BUSINESS
4. Council Consideration to fill a vacancy and appoint a member to the Downtown
Development Authority Board.
Presented by: Alan Peterson, Economic Development Director, DDA Liaison
Alan Peterson, Economic Development Director noted the board would like to nominate
Frangela Merritt to fill the unexpired term through 12/9/2023.

Councilman Alexander motioned to appoint Frangela Merritt to fill the unexpired term
through 12/9/2023: Second by Councilwoman Barber. The motion passed 4-0.

Councilwoman Gantt joined the meeting.

NEW BUSINESS
5. Council Consideration to approve a list of roadways for use of speed detection
devices.
Presented by: Police Chief Frank Trammer and Sergeant Jonathan McIlvaine
Chief Trammer noted there are a couple legal processes that must be in place such as
the approval of speed violations within the city limits and once approved by council, it will
need to be approved by the state; noted there is a three (3) part process: obtaining a
speed detection permit, approve a list of roads within the city limits and submit an
application to the state to receive the permits to be able to force speed violations.

Sergeant Jonathan McIlvaine noted to use speed detection devices to enforce traffic
laws, the city needs to qualify for a permit issued by the state and have serval rules to
abide by; noted there are certain signage requirements that will be regulated and with
Henry County Police Dept already having a permit, there would be no cost to the city;
noted there are a list of roadways divided into two different sections, On-System roads
which are state roadways such as Highway 138 and State Route 42 and has been
verified by the GA Dept. of Transportation and Off-System roadways such as Rock
Quarry Rd. which will not be verified by the GA Dept. of Transportation; noted with the
statistics done over the past couple of years and obtained from the GA Dept. of
Transportation, there has been 662 crashed between 2018-2021 and has increased over
the years.

2|Page
Councilman Alexander inquired on the increase in crashes from 2020 to 2021.

Sergeant Jonathan McIlvaine noted the statistics are statewide along with the pandemic
in 2020.

Councilman Alexander inquired about school zones speed detection cameras being
affected.

Sergeant Jonathan McIlvaine noted the permit must be issued by the stated first.

Councilman Blount noted he has spotted school zone cameras and noted it is not safe to
make left turns on multiple lane streets; also noted he would like raw data towards
speeding.

Sergeant Jonathan McIlvaine noted he would provide council with a list of determining
facts dealing with left turns, speeding, etc.

Councilman Blount inquired on the distance it takes before getting clocked with a speed
change.

Sergeant Jonathan McIlvaine noted about 500 feet which gives drivers time to see the
speed signs and adjust.

Sergeant Jonathan McIlvaine noted the goal for speed detection is to decrease the
number of crashes and accidents and there is a specific state law that states over 35%
of the general fund comes from traffic citations; and noted at the end of 2021, there were
over 644 traffic crashes within the city limits.

Mayor Ford inquired on the increase in traffic accidents and what could cause them.
Chief Trammer noted the key contributing factors includes texting while driving,
speeding, and following to close.

Mayor Pro Tem Thomas noted he noticed some of the roads are not included.

Sergeant Jonathan McIlvaine noted to include a road that is not on the speed permit the
road must be at least one-quarter (0.25 miles) of a mile long and seeing that the city
limits are fragmented, the roads would be included if qualified.

Mayor Pro Tem Thomas inquired if the city would be divided into zones.

Chief Trammer noted staff recently finished creating sectors that officers will be assigned
to who will be responsible for enforcing laws.

Councilman Alexander motioned to approve a list of roadways for use of speed detection
devices: Second by Councilwoman Barber. The motion passed 5-0.

3|Page
6. Council Consideration to fill vacancies and appoint members to the Stockbridge Ethics
Committee.
Presented by: Quinton Washington, City Attorney
Attorney Washington there are vacancies on the Ethics Committee and two applicants to
be considered by the Council for appointment.

Councilwoman Barber motioned to appoint Deron Johnson and Angela Meyers Jenkins
through 12/31/2025: Second by Councilman Alexander. The motion passed 5-0.

Mayor Ford noted his selection of the Chair would be forthcoming.

7. Council consideration to review and approve the design concept for the Cultural Arts
Center.
Presented by: Frederick Gardiner, City Manager – Brecca Carter, Community
Development Director – Heather Hubble, TSW and Carl Trevathan, Project Manager,
Keck & Wood

Mr. Gardiner noted the consultants from TSW will present four different designs with
different price points for the Cultural Arts Center.

Ms. Hubble noted the design team has completed the schematic designs and once they
are completed the designs can move forward with updates on pricing, feedback from city
and staff and review the overall designs; noted the total costing was completed with AE
Construction for a total of the schematic design at $32.5 million and not the $18 million
that was approved; noted additional things were added such as classrooms, streetscape,
and a better designed park and in increase in inflation.

Councilman Blount noted Council approved an $18 million dollar budget and should stick
to the specifics and cost associated.

Ms. Hubble noted council discussed cost in the past with a specific range; noted cost can
be cut with there being four different design options.

Mayor Pro Tem Thomas expressed during the last meeting, Council saw what they could
get for the budgeted amount of $18 million dollars and noted he asked about the
scheduling for the design and wondered why TSW did not come back to Council to
inform them where things were going with the cost, and asked why no one from TSW
reached out to the city before now to discuss the changes.

Ms. Hubble noted once the schematic design and pricing was completed, TSW reached
out to the city’s administration noting there was a lot of decision making that needed to
happen.

Mayor Pro Tem Thomas reiterated the Council’s agreement and approval of an $18
million dollar budget for the project.

Ms. Hubble noted there have been pressures placed on the project to add things and
some of the evaluation engineering could be pulled out and completed as a separate
project due to adding a park and updating the streetscape.
4|Page
Councilman Alexander noted when there are design elements requested by the Council,
the consultant never says no, however, that will increase the price of the project, and
referenced the cost of home buying, the more amenities, the higher the cost.

Councilwoman Barber noted her support of the Cultural Arts Center but is disappointed
with the new cost and does not support the overage; and noted that is why a Project
Manager was put in place to be responsible for making sure the project stays within
budget; noting the Council approved an $18 million dollar budget for construction, with
the plan to also have a Construction Manager At Risk in place and and will not vote on
anything higher that was approved by the Council.

Ms. Hubble noted the schematic design was completed in 2022 for $32.5 million which
represents a first-class facility; however, there are three other value options noting option
#1 has an estimated cost of $24 million, option #2 has an estimated cost of $19.2 million
and option #3 has an estimated cost $25.3 million; noted to cut down cost with option #1,
they looked at cutting space from the building, parking, theater, esthetics, reduces the
seating inside the theater and what space could be used as shelving. Ms. Hubble noted
option #2 Has the same components of option #1 but also reduces the building size by
cutting the entire second floor.

Mayor Pro Tem Thomas asked what the goal for tonight’s presentation?

Mr. Gardiner noted the goal was to have Council see the different options and meet with
TSW, the Community Development Director, the Project Manager, and members of
Council two at a time to see the options in better detail and get a consensus on how to
move forward.

Mayor Ford noted the intent was to allow Ms. Hubble to give the presentation and to
have Council ask questions about the presentation afterwards.

Councilwoman Gantt expressed her concerns as needing a meeting in a 3-2 setting, with
the top concern being the budget in which the city bonded $14 million with an
outstanding $4 million; noted to make sure to we get everything we envisioned, and the
project is not something just thrown together.

Ms. Hubble continued with the presentation and noted option #3 was to maintain key
programs council desired and remove items from the site; noted the park would remain
but would be reduced by 5%, the theater would be included and reduced by 6ft., some
storage space would be removed and there would still be a 405-seat theater with a
ballroom, office space on the second floor and shelf space in classrooms that could be
built out for additional space; noted the previous iterations are focused on what to do
right now and the original schematic floor plan included classrooms and everything built
out. Ms. Hubble noted she proposes to go back and look at the shell of the building with
just the theater space built out and could a Phase 1 option; noted additional phases
could be added such as a park phase, streetscape phase and a sculpture phase.

Mayor Pro Tem Thomas noted he sees the impact of the Amphitheater and if the Cultural
Arts Center is done right, that will impact the overall goal and would bring more
5|Page
development into the downtown area; and noted he knows it will be challenging, and
everyone must continue to push forward to the best of everyone’s ability.

Councilman Alexander noted he concurs with Mayor Pro Tem Thomas and noted the
numbers will not get better due to the rise in interest rates.

Councilwoman Gantt noted the market will burst and come down, but until then, the
interest rates will rise, and housing cost will go up with property values going down and
wants council to be smart and strategic.

There was a consensus of the Council to follow up with 3/3 meetings with officials, staff,
TSW and Project Manager to review design and cost and bring back to the Council for
approval.

8. Council Consideration to Amend Title 9 – Licensing and Regulation, Chapter 9.110
Standards for Certain Businesses, Section 90.110.030 Spacing to reduce the distance
requirement from 1 mile to 1/2 mile.
Presented by: Brecca Carter, Community Development Director
Ms. Carter noted this is a request to reduce the distance requirement of certain
businesses i.e., hair salons and barbershops from 1 mile to 1/2 mile to allow new
businesses to come into the city.

Councilwoman Gantt inquired on the mileage distance the county has.

Ms. Carter noted she was unsure the county’s distance requirements.

Councilwoman Gantt noted she is not in favor of the proposed change to the distance
requirements.

Councilman Alexander noted he concurs with Councilwoman Gantt and noted if changed
they would have to go back and retroactively allow the businesses that were denied
under the guidelines, noting the city has standards that have been set.

Councilman Blount inquired the reasoning for bringing this item before Council.

Ms. Carter noted there have been requests from businesses who are currently included
on the list who are affected by the distance requirements, noting staff is also working
with the attorneys to discuss legal ramifications as relayed by the Unified Development
Code legal consultant.

Councilwoman Gantt inquired if there was a way to amend the language to allow a new
business with the same type of business be permitted and not be subjected to the
distance requirements.

Councilman Alexander stated he would be agreeable with that action.

Ms. Carter response was yes, the language can be amended.
Councilwoman Barber inquired about the guidelines for applicants who are not eligible
due to the restriction and what asked what process is in place to allow for an exception.
6|Page
Ms. Carter noted by changing or amending the code the option would be for the
applicant to appeal.

Councilwoman Barber asked what the appeal process looks like.

Ms. Carter noted once denied, the applicant can make a request for an appeal 10 days
after the denial and have 30 days to get the case on the Agenda for the Council to
decide.

Councilman Alexander motioned to Deny amending Title 9 – Licensing and Regulation,
Chapter 9.110 Standards for Certain Businesses, Section 90.110.030 Spacing to reduce
the distance requirement from 1 mile to 1/2 mile and bring back with specific language to
allow a new business with the same type of business be permitted and not be subjected
to the distance requirements: Second by Councilwoman Gantt. The motion passed 4-1
(Councilwoman Barber Opposed and referenced the legal opinion of the UDC Legal
Advisor relating to this matter).

COUNCIL DISCUSSION
9. Update of GMA GIRMA Insurance
Presented by: Frederick Gardiner, City Manager
Mr. Gardiner noted he has been in discussions with GMA staff regarding the application
process and will bring the information back to the Council at the next meeting.

MOTION TO RECONSIDER
Mayor Pro Tem Thomas motioned to Reconsider Item #8; second by Councilwoman
Barber. The motion passed 5-0.

Mayor Ford called for the vote: Motion to Deny Alexander/Gantt Passed 3-1-1 (Thomas
Abstained, Barber opposed and referenced the legal opinion of the UDC Legal Advisor
relating to this matter).

10. Council Consideration to approve City Resolution approving Second
Intergovernmental Development Agreement between the City of Stockbridge and the
Downtown Development Authority of the City of Stockbridge.
Presented by: Quinton Washington, City Attorney
Attorney Washington noted a follow-up was requested by Council regarding the fire
station property, noting a property advance, boundary survey and a legal description
need to happen as well as executing a quit claim deed providing the legal description to
the DDA (Downtown Development Authority); the DDA (Downtown Development
Authority) will then execute a quit claim deed with the correct legal description to the new
owner and a Resolution for a proper name change of the DDA (Downtown Development
Authority) needs to happen.

Councilman Alexander motioned to approve City Resolution approving Second
Intergovernmental Development Agreement between the City of Stockbridge and the
7|Page
Downtown Development Authority of the City of Stockbridge: Second by Councilman
Blount. The motion passed 5-0.

11. Council Consideration to approve the Second Intergovernmental Development
Agreement between the City of Stockbridge and the Downtown Development Authority
of the City of Stockbridge.
Presented by: Quinton Washington, City Attorney
Attorney Washington noted the second IGA (Intergovernmental Development
Agreement) will take care of the transfer from the DDA (Downtown Development
Authority to the applicant.

Councilman Blount motioned to approve the Second Intergovernmental Development
Agreement between the City of Stockbridge and the Downtown Development Authority
of the City of Stockbridge: Second by Councilwoman Gantt. The motion passed 5-0.

12. Council Consideration to approve City Resolution regarding the restatement of the
DDA Activation and Clarification of the DDA’s name.
Presented by: Quinton Washington, City Attorney
Attorney Washington noted this action is to clarify the actual name of the DDA
(Downtown Development Authority); staff has been in contact with the DDA’s (Downtown
Development Authority) Attorney and the Chairman of the DDA (Downtown Development
Authority) has agreed to the name change.

Mayor Ford inquired of the new name. Councilman Alexander noted the new name of
the DDA (Downtown Development Authority) is the Downtown Development Authority of
the City of Stockbridge.

Councilman Alexander noted originally the DDA (Downtown Development Authority) was
established in 1983 and it was the official name; in 2013 a new name was adopted and
is good opportunity to differentiate the current DDA (Downtown Development Authority)
from the transition from the property.

Councilman Alexander noted with this action, the DDA (Downtown Development
Authority) name is returning to its official name as established in 1983 and is a great
opportunity to differentiate from what occurred in 2013 with a new and fresh start with the
name the Downtown Development Authority of the City of Stockbridge.

Councilman Alexander motioned to approve City Resolution regarding the restatement of
the DDA Activation and Clarification of the DDA (Downtown Development Authority)
name: Second by Councilwoman Gantt. The motion passed 5-0.

COMMENTS FROM THE MAYOR
Mayor Ford noted we are still in a pandemic with the numbers going down and
8|Page
vaccinations numbers going up; noted the Department of Health is administering the
Pfizer and Moderna vaccinations five days a week, Monday – Friday from 9am – 11:30
am and from 1pm to 2:30 pm, noting you can call 470-664-0005 to make an appointment;
noted testing was available at Red Hawk Field on Henry Pkwy. on Monday, Wednesday,
and Friday from 9am – 3pm, along with other locations in and around Stockbridge where
you can receive COVID tests and vaccinations; wished the ladies on the City Council,
staff and citizens of Stockbridge a Happy Mother’s Day pointing out the love and respect
due to mothers every day of the year; noted for all the football fans that the NFL Draft is
coming up and hopes it goes well for the Atlanta Falcons, and hopes they draft well and
have a great upcoming season.

UPCOMING MEETINGS & ANNOUNCEMENTS: Council Meetings will be held in the City
Council Chamber and some Board/Committee meetings will continue to take place via
Zoom unless otherwise noted. Meeting dates and times are subject to change. Please visit
the city’s website www.cityofstockbridge.com for the meeting invitation link, Facebook page
or contact City Hall offices at 770-389-7900 for updates.
 City Council Meeting, Second Monday of each month – Via Zoom (May 9)
 Youth Council Meeting, 5:30 p.m. - 2nd Wednesday of each month Levi Meeting
Room - City Hall (May 11)
 Main Street Advisory Board Meeting, 2nd Friday of each month 9:00 a.m. Via Zoom
(May 13)
 Downtown Development Authority Meeting, 6:00 p.m. Via Zoom - 3rd Tuesday of
each month Via Zoom (May 17)
 Youth Council Advisory Committee Meeting, 6:30 p.m. - 3rd Tuesday of each month
Levi Meeting Room - City Hall (May 17)
 Planning Commission Meeting, 4th Thursday at 6:30 p.m. Via Zoom – (May 26)
 City Council Work Session Meeting, Last Tuesday of each month – Via Zoom (May
31)
UPCOMING CITY EVENTS/INITIATIVES
 A Continuous Salute to Veterans: Please forward pictures of Veterans including
name, branch, rank, and years of service as Mayor Pro Tem Thomas presents a
special tribute to our local veterans. Pictures should be submitted to:
zpearson@cityofstockbridge-ga.gov Thank you for your service!
 Please join Councilman John Blount for the Virtual National Day of Prayer
Thursday, May 5, 2022, at 6:30 p.m. Watch it on Facebook Live at
@StockbridgeCityHall
 Tasty Tuesday Food Truck Takeover begins Tuesday, May 3, 2022, from 5:30
p.m. – 8:30 p.m. at Clark Park and will return on Tuesday, May 17th, Tuesday,
June 7th and Tuesday, June 14th each day from 5:30 – 8:30 p.m. Come out and
enjoy great food and family fun!
 Come out and enjoy the Funk Festival concert, Saturday, May 7, 2022, at the
Stockbridge Amphitheater featuring Morris Day & The Time, Shelia E., and
Midnight Star. Doors open at 7 p.m., the concert begins at 8 p.m. Tickets and other
venue information can be found online at Stockbridgeamp.com

9|Page
 Here is your opportunity to Meet the Mayor, and voice your questions and/or
concerns Monday, May 23, 2022, from 10 a.m. to noon (In-Person). Call Zenovia
Pearson to schedule an appointment. 770-389-7900 ext. 248.

EXECUTIVE SESSION
Mayor Pro Tem Thomas motioned to convene Executive Session for Real Estate,
Personnel and Litigation: Second by Councilwoman Barber. The motion passed 5-0.

Mayor Pro Tem Thomas motioned to adjourn Executive Session: Second by
Councilwoman Barber. The motion passed 3-0 (Blount/Gantt were not present for the
vote).

Mayor Pro Tem Thomas motioned to reconvene the meeting: Second by Councilman
Alexander. The motion passed 3-0 (Blount/Gantt were not present for the vote).

Mayor Pro Tem Thomas motioned to adjourn: Second by Councilwoman Barber. The
motion passed 3-0 (Blount/Gantt were not present for the vote).

Respectfully submitted by:

Vanessa Holiday, City Clerk MMC Anthony S. Ford, Mayor

10 | P a g e
City of Stockbridge
MEETING DATE
AGENDA ITEM
JUNE 13, 2022 FUNDING SOURCE
RESOLUTION GENERAL FUND
ORDINANCE FUND BALANCE
CONTRACT APPROVAL/RENEWAL SPLOST IV
PUBLIC HEARING TSPLOST
PRESENTATION CDBG
BID SELECTION/AWARD GRANT FUNDING
TASK ORDER COUNCIL INITIATIVE
CHANGE ORDER PARTNER/SPONSOR
BUDGET AMENDMENT DEPARTMENT FUND BALANCE
BUDGET TRANSFER BONDING
PAYMENT APPROVAL ACCOUNT TRANSFER FROM: N/A
OTHER ACCOUNT TRANSFER TO: N/A

PRESENTER: Brecca R. Carter, Director & Ryan Anderson, Chief Planner

DEPARTMENT: Community Development

ITEM/PROJECT/EVENT:
Comprehensive Plan Amendment (CP‐2022‐01) for the proposed Crescent Communi es Mixed‐Use Devel‐
opment from ‘Low‐Density Ver cal Mixed‐Use’ to ‘High‐Density Residen al’ to allow for a mixed‐use devel‐
opment project with apartments, townhomes, and commercial/retail uses. The applicant has also sub‐
mi ed a rezoning applica on (Case #RZ‐2022‐01), which is running concurrently with this Comprehensive
Plan Amendment applica on.

BACKGROUND INFORMATION:

Development of a mixed‐use development with 360 apartments, 102 fee simple townhomes, and 48,000
square feet of retail space within two commercial buildings. Located on Highway 138 West, west of I‐75 and
Mount Zion Parkway, in Land Lots 55 and 42 of District 12. Would contain 68.874 +/‐ acres within two par‐
cels. A comprehensive plan amendment is needed to change the designa on of the property to allow for
this type of development and density. The Planning Commission recommended Approval of the requested
Comprehensive Plan Amendment.

SIGNATURES: FINANCIAL IMPACT: N/A
CITY ATTORNEY ____________________________________ AMOUNT: N/A
CITY TREASURER ___N/A_____________________________ ATTACHMENTS: Yes
CITY MANAGER ____________________________________

CP-2022-01
RZ-2020
Page 1 of-01

COMPREHENSIVE PLAN AMENDMENT FOR THE PROPOSED CRESCENT
COMMUNITIES MIXED-USE DEVELOPMENT--FROM 'LOW-DENSITY
VERTICAL MIXED-USE’ TO ‘HIGH-DENSITY RESIDENTIAL’

CASE FACTS

Applicant: Remi Rose Development, LLC

Agent: Battle Law, P.C.

Location: Located on Highway 138 West, west of I-75 and Mount Zion Parkway, in
Land Lots 55 and 42 of District 12.
Surrounding Lan
Parcel ID: Includes two parcels:

• Parcel #012-01003000 – The smaller parcel. Currently zoned ‘C-1’.
Contains 3.131 +/- acres and comprises the property at 1036
Highway 138 West, across from Spivey Road. Located in Land Lot
55 of District 12. Owned by Melissa Russell.

• Parcel #012-01002000 – The larger parcel. Currently zoned ‘C-2’ .
Contains 65.743 +/- acres. Situated adjacent to the western side of
the smaller parcel, with frontage on Highway 138 West, across from
Tributary Parkway. Located in Land Lot 42 of District 12. Owned
by West Henry Land Corporation, et al.

Lot Size/Acres: 68.874 +/- total acres within two parcels.

Request: Change the property’s future land use designation from ‘Low-Density
Vertical Mixed-Use’ to ‘High-Density Residential’ to allow for a mixed-use
development project with apartments, townhomes, and
commercial/retail uses. The applicant has also submitted a rezoning
application (RZ-2022-01), which is running concurrently with this
Comprehensive Plan Amendment application.

Proposed Use/ The applicant proposes to build a mixed-use development containing
Project approximately 48,000 square feet of commercial/retail space within 2
Description: buildings, 360 apartment units within 8 buildings, and 102 townhomes
within 22 buildings.

The main entrance to the development would occur through a new
driveway off Lake Spivey Parkway, across from Spivey Road, where a
traffic signal is present. A secondary access would occur across from
Tributary Parkway, but it would be limited to right-in and right-out
turning movements due to the presence of a median in the center of

City of Stockbridge, GA Community Development Department (770) 389-7900 June 13, 2022
Page 2 of 5

Lake Spivey Parkway. Sidewalks and deceleration lanes would be
provided along Lake Spivey Parkway.

Existing Land Mostly vacant, except for a very small cemetery off Highway 138 West.
Uses: The site is mostly wooded, except for Reeves Creek and its associated
floodplain.

Zoning: The applicant has simultaneously requested to rezone the subject
property from the ‘C-1’ (Neighborhood Commercial), ‘C-2’ (General
Commercial), and ‘PMU’ (Parkway Mixed-Use Overlay) districts to the
‘PUD’ (Planned Unit Development) and PMU districts. The rezoning
application is running concurrently with the Comprehensive Plan
Amendment application.

Road Access: Via Highway 138 West.

Application April 4, 2022.
Received:

Community March 16, 2022 and May 4, 2022.
Meetings Held
by Applicant:

Public Notices: On May 6, 2022, signs were posted on the property and the applicant
mailed notices to 29 adjacent property owners. Public Notices in the
Henry Herald were scheduled to appear on May 4 and June 18, 2022.

Planning May 26, 2022, via Zoom. The Planning Commission
Commission unanimously recommended the approval of the requested
Meeting: Comprehensive Plan Amendment.

Council June 13, 2022, in the Council Chamber.
Meeting:

Development Regulations Relevant to Request:
• City of Stockbridge Unified Development Code, adopted on March 14, 2022.
• All other City Code sections regarding site development standards and requirements.

COMPREHENSIVE PLAN AND FUTURE LAND USE MAP
The City of Stockbridge adopted the City of Stockbridge Comprehensive Plan 2018-2038 as
a guide for the future development of the City, and its Land Use Element provides a vision
for the development or redevelopment of land in the City over the 20-year period. Further,
the Future Land Use Map provides a “future land use designation” for every parcel of land
City of Stockbridge, GA Community Development Department (770) 389-7900 June 13, 2022
Page 3 of 5

within the City. The subject property has a future land use designation of “Low-Density
Vertical Mixed-Use.” The Comprehensive Plan provides the description below for this
designation.
[Low-Density Vertical Mixed-Use]
This designation is intended for commercial/retail areas along various corridors and
intersections located throughout the City. These areas mainly serve the residents of the
surrounding residential neighborhoods. Future development and redevelopment
should maintain the community-oriented feel of these areas, with a focus on creating
small mixed-use areas combining locally owned retail, low intensity office uses, and
apartment/condo/loft uses in two story buildings in a pedestrian friendly environment,
allowing nearby residents to safely walk to and within them.

From this description, the proposed development would not be compatible with the future
land use designation of the property since it would feature very different types of uses,
including multiple-building apartment and townhome projects, as well as community-
oriented commercial/retail uses. Therefore, a Comprehensive Plan Amendment is required
to change the land use designation of the property to ‘High-Density Residential’, which is
described below. The allowable residential densities of this designation range from 6 to 16
units per acre, while the proposed development’s densities are anticipated to include a gross
density of 6.9 units per acre (accounting for the presence of Reeves Creek and its adjacent
floodplain areas) and a net density of 8.3 units per acre.

[High-Density Residential Designation]
This designation is intended primarily for residential and uses which include multi-story
condominiums and planned town developments. Small commercial or service businesses
may be permitted within these developments for the convenience of their residents and
visitors only. High Density Residential is an appropriate transition between mixed-use
and industrial projects, and low or medium density residential areas.

ANALYSIS OF REQUEST

A. Consistency with the Comprehensive Plan. The requested Comprehensive Plan
Amendment of the subject property from its current future land use designation of ‘Low-
Density Vertical Mixed-Use’ to ‘High-Density Residential’ is necessary because the current
land use designation does not allow the types of development which the applicant is
proposing, with large multifamily uses and commercial uses in separate buildings. Further,
the proposed densities would not be allowed under the existing land use designation.

B. Relation to the Zoning of the Property. The applicant has requested the rezoning of the
subject property (via RZ-2022-01) from C-1 and C-2 to PUD in order to allow for the
proposed mixed-use development project. These zoning districts are not permitted within
under the property’s existing land use designation. But there is no need to change the
property’s land use designation unless the property is rezoned in contemplation of a land
development proposal. Therefore, any approval of the requested Comprehensive Plan
City of Stockbridge, GA Community Development Department (770) 389-7900 June 13, 2022
Page 4 of 5

Amendment via CP-2022-01 must be contingent upon the simultaneous approval of the
requested rezoning of the property via RZ-2022-01.

C. Suitability of the Site’s Location. Although there are no other properties in the vicinity
which have the requested High-Density Residential land use designation, the subject
property is nevertheless suitable for this designation due to the following:
1. Its large size, whereby the High-Density Residential designation would not
represent a small, “spot” designation relative to the surrounding area.
2. Its location along a State highway, making it suitable for high-density development.
3. Its proximity to a large C-3 (Heavy Commercial) zoning district on its eastern side,
where major commercial uses could be developed.
4. Its proximity to a low-density use (single-family detached residential) on only one
of its sides.

D. Maintaining the Current Land Use Designation. Due to the location of the subject
property along a State highway, as well as its large size, it is unlikely that the types of land
uses that are intended for areas having the Low-Density Vertical Mixed-Use designation
would actually be developed on this property. Such uses would include locally-owned retail
uses, low-intensity offices, and apartment/condo/loft uses in two-story buildings in a
pedestrian-friendly environment.

RECOMMENDATIONS

This Staff Report has demonstrated that the requested Comprehensive Plan Amendment, via
CP-2022-01, would be necessary and desirable for the subject property in conjunction with
the requested rezoning of the property, via RZ-2022-01, to allow for the proposed mixed-use
development. The Planning and Zoning Staff therefore recommends the APPROVAL of the
requested change in the subject property’s future land use designation from ‘Low-Density
Vertical Mixed-Use’ to ‘High-Density Residential’.

City of Stockbridge Planning and Zoning Staff
RECOMMENDATION:
APPROVAL

City of Stockbridge Planning Commission
RECOMMENDATION:
APPROVAL

City of Stockbridge Mayor and Council:
City of Stockbridge, GA Community Development Department (770) 389-7900 June 13, 2022
Page 5 of 5

ACTION:

City of Stockbridge, GA Community Development Department (770) 389-7900 June 13, 2022
Presentation
For CP-2022-01:
Comprehensive Plan
Amendment for the
Proposed Crescent
Communities Mixed-Use
Development

Presented To:
Planning Commission – May 26, 2022
(Recommended Approval)
City Council – June 13, 2022

By:
City of Stockbridge Community
Development Department,
Planning and Zoning Division
AERIAL PHOTO OF SUBJECT PROPERTY

LARGER PARCEL
(Parcel #012-01002000)

SMALLER PARCEL
(Parcel #012-01003000)
CASE FACTS
PARTIES TO THE APPLICATION – Remi Rose Development, LLC, Applicant; Battle Law, P.C., Agent.

PROPERTY LOCATION – Located on Highway 138 West (Lake Spivey Parkway), across from Spivey Road.

PROPERTY IDENTITY --Contains 68.874 +/- acres in two parcels: #012-01003000 (the smaller parcel) with 3.131 +/-
acres and #012-01002000 (the larger parcel) with 65.743 +/- acres.
PROPERTY ZONING – The smaller parcel is zoned ‘C-1’ and the larger parcel is zoned ‘C-2’.
PROPERTY CHARACTERISTICS – Mostly vacant and wooded. Includes Reeves Creek, floodplains, and a cemetery.

COMPREHENSIVE DEVELOPMENT PLAN – Future Land Use Map shows ‘Low-Density Vertical Mixed-Use’ designation.
SURROUNDING LAND USE DESIGNATIONS – ‘Medium-Density Vertical Mixed-Use’ and ‘Low-Density Residential’.

APPLICANT’S REQUEST – Change the property’s land use designation to ‘High-Density Residential’.

SIGN POSTING – Occurred on May 6, 2022.
AERIAL PHOTO OF VICINITY ZONING

LARGER PARCEL—Zoned ‘C-2’
(Parcel #012-01002000)

SMALLER PARCEL—Zoned ‘C-1’
(Parcel #012-01003000)
FUTURE LAND USE MAP

SUBJECT
PROPERTY

Source: Stockbridge
Comprehensive Plan,
2018-2038
PROPOSED DEVELOPMENT

PROJECT COMPONENTS – Includes 360 apartments, 102 fee simple townhomes, & 48,000 SF commercial.
SITE AND BUILDING ACCESS – Main entrance at traffic light at Spivey Road; second access across from
Tributary Parkway; internal connection between entrances.
SITE DESIGN – Includes two commercial buildings at main entrance; apartments on west side; townhomes
on east side; two pools; multi-use trail surrounding site; open space to the north; preserve creek areas.
ARCHITECTURAL DESIGN – Residential buildings would have three stories and two-car garages.

TRAFFIC IMPACTS – Trip generation study projects 7,390 total trips; 205 AM exiting & 203 PM entering.
Needs a full traffic impact study. Required on Lake Spivey Parkway: sidewalks and deceleration lanes.
Must coordinate with Georgia DOT.
ENVIRONMENTAL IMPACTS – Protection of Reeves Creek and floodplain areas. Creation of a 50-foot-wide
vegetative buffer on western side of site, adjacent to Glen Devon Subdivision.
ILLUSTRATIVE REZONING EXHIBIT
IMAGERY REZONING EXHIBIT
ANALYSIS OF REQUEST -- Page 1
A. Consistency with the Comprehensive Plan -- The requested land use designation change is necessary
due to the following:
1) The current land use designation does not allow the types of development which the applicant is
proposing (large multifamily uses and commercial uses in separate buildings); and
2) The proposed densities would not be allowed under the existing land use designation.

B. Relation to the Zoning of the Property:
1) The larger parcel’s existing zoning of ‘C-2’ and the proposed zoning of ‘PUD’ are not allowed under the
property’s existing land use designation of ‘Low-Density Vertical Mixed-Use’.
2) There is no need to change the property’s land use designation unless the property is rezoned for a
development proposal.
3) Any approval of the requested Comprehensive Plan Amendment via CP-2022-01 must be contingent
upon the simultaneous approval of the requested rezoning of the property via RZ-2022-01.

[Continued]
ANALYSIS OF REQUEST -- Page 2

C. Suitability of the Site’s Location – No other properties in the vicinity have the requested High-Density
Residential land use designation, but the subject property is nevertheless suitable for this designation due to
the following:
1) Its large size, whereby the High-Density Residential designation would not represent a small, “spot”
designation relative to the surrounding area;
2) Its location along a State highway, making it suitable for high-density development;
3) Its proximity to a large C-3 (Heavy Commercial) zoning district on its eastern side, where major commercial
uses could be developed; and
4) Its proximity to a low-density use (single-family detached residential) on only one of its sides.

D. Maintaining the Current Land Use Designation -- Due to the location of the subject property along a State
highway, as well as its large size, it is unlikely that the types of land uses that are intended for areas having the
Low-Density Vertical Mixed-Use designation would actually be developed on this property. Such uses would
include locally-owned retail uses, low-intensity offices, and apartment/condo/loft uses in two-story buildings in
a pedestrian-friendly environment.
RECOMMENDATION -- APPROVAL

The requested Comprehensive Plan Amendment, via CP-2022-01, would be necessary and desirable for the
subject property in conjunction with the requested rezoning of the property, via RZ-2022-01, to allow for the
proposed mixed-use development.

The Planning and Zoning Staff therefore recommends the APPROVAL of the requested change in the subject
property’s future land use designation from ‘Low-Density Vertical Mixed-Use’ to ‘High-Density Residential’.

05/02/2022
VIA: Email
RE: Crescent Communities Proposed Rezoning at Highway 138
ATT: Linda Logan (llogan@cityofstockbridge-ga.gov)

Ms. Logan:

This letter is meant to memorialize Crescent Communities’ intention to subdivide and recombine
property located off Highway 138 for the purpose of including that property with its proposed
development off Highway 138.

The property in question is a portion of property owned by Melissa Russell, bearing the parcel
number 012-01003000 (the “Subject Property”). The Subject Property is currently 3.131 acres.
Crescent Communities owns, or is under contract to purchase, property immediately adjacent to the
Subject Property which bears the parcel number 012-01002000 (the “West Henry Land Corp.
Property”), and which is currently the subject of a pending zoning application.

To satisfy the City of Stockbridge’s Universal Development Code, Crescent Communities plans to
subdivide the Subject Property according to the plan shown in Exhibit A. Exhibit A shows that the
Subject Property will first be subdivided to split +/- 1.26 acres from the Subject Property on the
portion of the Project Site Boundary that runs North to South on the Subject Property in Exhibit A.
That portion of the Subject Property will then be combined with the West Henry Land Corp.
Property.

Additionally, Crescent Communities recognizes it will not be possible to combine the Subject
Property with the West Henry Land Corp. Property until both properties bear the same zoning
designation, but rezoning the Subject Property before subdividing it will leave a non-conforming
PUD parcel. Therefore, Crescent Communities recognizes that the subdivision of the Subject
Property and the subsequent recombination with the West Henry Land Corp. Property must take
place before the rezoning.

Crescent Communities welcomes any comments from Staff.

Prepared By:

Joshua Mahoney
For Battle Law, P.C.

battlelawpc.com
N/F N/F
CE
NT
ER
LIN
Exhibit A WEST HENRY LAND CORP ET AL MANISH INC.
DB 14351/PG 317
DB 2472/PG 176
E OF
CR
E EK

DB 1494/PG 312 ID:012-01005000
ID:012-01002000
FLOODPLAIN
AREA FLOODPLAIN
2,863,746 SQ FT ZONE "AE"
(DOTTED AREA) ZONE
EXHIBIT AREA
65.743 ACRES
ZONE "X"

N/F
138 FAMILY
INVESTMENT, LLC
DB 14205/PG 131
NOT TO PROJECT SITE ID:012-01004000
SITE MAP SCALE
BOUNDARY
FRON
T SET
ORIGINAL MELISSA
BACK
RUSSEL PARCEL
(3.131 AC) BOUNDARY N/F
MELISSA RUSSEL
50' FRONT SETBACK
DB 15315/PG 142
ID:012-01003000

+/- 1.26 ACRES TO BE SUBDIVIDED
FROM MELISSA RUSSEL PARCEL
EXISTING TRAFFIC ~THEN~
LAKE SPIVEY PKWY SIGNAL COMBINED WITH THE
GA. STATE HWY 138
WEST HENRY LAND CORP ET AL
(RIGHT-OF-WAY VARIES) 0 25' 50' 100' 150' 200'

PARCEL FOR A TOTAL PROJECT
SEE PLAT REF.#2
SITE OF +/- 67 ACRES 1" = 50'

PREPARED FOR: PROVISION HOLDINGS HIGHWAY 138 SITE
SUBDIVISION/RECOMBINATION EXHIBIT 5553 PEACHTREE ROAD • SUITE 175
STOCKBRIDGE, GA ATLANTA, GA 30341
www.thomasandhutton.com
4/4/2022
This map illustrates a general plan of the development which is for discussion purposes only. Does not limit or bind the owner and is subject to change and position locations are for illustrative purposes only and are subject to an accurate survey and property description. The producer assumes no legal responsibility for the appreciation or depreciation of any premises, commercial or otherwise, by reason of their inclusion or exclusion from this map. The information contained in this map is subject to change with out notice and is for illustrative purposes only. Unit counts shown above are approximate and may change. Values were provided by outside sources and have not been verified.
STATEMENT OF INTENT

and

Other Material Required by
City of Stockbridge Zoning Ordinance
For
A Rezoning From C-1 and C-2 to PUD and
a Future Land Use Change from
Low Density Vertical Mixed Use to High-Density Residential

of

Remi Rose Development, LLC.
c/o Battle Law, P.C.

for

+/-65.743 Acres of Land
Being 1036 Highway 138 West
Stockbridge, Georgia and
Parcel Nos. 012-01002000 and 012-01003000

Submitted for Applicant by:

Michèle L. Battle, Esq.
Battle Law, P.C.
Habersham at Northlake, Building J, Suite 100
Tucker, Georgia 300384
(404) 601-7616 Phone
(404) 745-0045 Facsimile
mlb@battlelawpc.com

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

Remi Rose Development, LLC. (the “Applicant”) is seeking to develop on +/- 65.743 acres
of land being Tax Parcel Nos. 012-01002000 and 012-01003000 having frontage on Georgia State
Highway 138 (the “Subject Property”) with a mixture of multi-family apartments, and fee simple
townhomes. The development will include other parcels that will be used for neighborhood
commercial. The Applicant is seeking a rezoning of the Subject Property from C-1 and C-2 to PUD
and a Future Land Use Change from Low-Density Vertical Mixed Use to High-Density Residential.
This document serves as a statement of intent, analysis of the criteria under the Steinberg
Act, and contains notice of constitutional allegations as a reservation of the Applicant’s rights.

II. STEINBERG CRITERIA

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

The zoning proposal will permit a use that is suitable in view of the use and development of
adjacent and nearby property. The zoning proposal will allow fee simple townhomes,
apartments, and commercial uses. Nearby uses include single-family detached homes, a Kohl’s
Department Store, a CVS drug store, and a package store. The proposed homes would serve the
dual purpose of supporting the existing and new commercial businesse while also providing a
diversity of housing types in the area. By introducing both fee simple townhomes and
apartments, the zoning proposal would attract young professionals who seek smaller, more
sustainable, housing solutions. Therefore, the zoning proposal will permit a use that is suitable
in view of the use and development of adjacent and nearby properties.

2. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or
nearby property;

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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The zoning proposal will not adversely affect the existing use or usability of adjacent or nearby
property. Commercial uses already exist in this area. This zoning proposal creates an
opportunity to introduce different commercial uses that complement what already exists, while
also considering uses that are needed and desired by the existing community members. The
townhomes and apartments proposed would not be unsuitable in this area either. They would
serve as an appropriate transitional buffer between the single-family homes to the West and
the commercial center to the East.

3. Whether the property to be affected by the zoning proposal has a reasonable economic use as
currently zoned;

The property does currently have a reasonable economic use as currently zoned, but
commercial applicants are not interested in this site. The Subject Property is zoned C1 and C2
and has been vacant for quite some time. The Subject Property contains a creek and the
accompanying stream buffer. The stream and its buffer make the Subject Property less
desirable for a fully commercial applicant to develop this property. Commercial developers
bring a much higher level of impervious surface due to the large parking lots and buildings
needed to house their businesses. A residential development, on the other hand, is much more
able to break up impervious surfaces with yards, trees, and open space. These additions
provide much more protection to the sensitive environmental assets on the Subject Property
than a fully commercial development would. The zoning proposal provides that protection
while still providing the benefit of new commercial businesses in the area by placing the
commercial uses close to the road, far away from the stream and the accompanying buffer, and
placing the residential development behind the commercial uses to shield the stream from the
commercial uses stormwater runoff. Therefore, while the Subject Property has a reasonable
economic use, it is by no means the best use of the Subject Property.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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4. Whether the zoning proposal will result in a use which will or would cause an excessive or
burdensome use of existing streets, transportation facilities, utilities, or schools.

The zoning proposal will not result in a use which will cause excessive or burdensome use of
existing streets, transportation facilities, utilities, or schools. The Subject Property fronts on a
major Highway which is more than capable of taking on any additional trips that might be
caused by this proposed community.

5. Whether the zoning proposal is in conformity with the policy and intent of the land use plan;
and

The zoning proposal, by itself, is not in conformity with the policy and intent of the land use
plan. However, paired with the future land use change, the entire request is in conformity
with the policy and intent of the land use plan.

6. Whether there are any other existing or changing conditions affecting the use and
development of the property which give supporting grounds for either approval or
disapproval of the zoning proposal.

The Applicant is not aware of any other existing or changing conditions affecting the use and
development of the property which might give supporting grounds for either approval or
disapproval of the zoning proposal.

III. CONCLUSION

For the foregoing reasons, the Applicant hereby requests that the application for a
rezoning from C-1 and C-2 to PUD and the accompanying future land use change be approved.
The Applicant welcomes any questions and feedback from the planning staff.

IV. NOTICE OF CONSTITUTIONAL ALLEGATIONS AND PRESERVATION OF
CONTITUTIONAL RIGHTS

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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The portions of the City of Stockbridge Zoning Ordinance, facially and as applied to the Subject
Property, which restrict or classify or may restrict or classify the Subject Property so as to prohibit
its development as proposed by the Applicant are or would be unconstitutional in that they would
destroy the Applicant’s property rights without first paying fair, adequate and just compensation
for such rights, in violation of the Fifth Amendment and Fourteenth Amendment of the
Constitution of the United States and Article I, Section I, Paragraph I of the Constitution of the
State of Georgia of 1983, Article I, Section III, Paragraph I of the Constitution of the State of
Georgia of 1983, and would be in violation of the Commerce Clause, Article I, Section 8, Clause
3 of the Constitution of the United States.

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

A denial of this Application would constitute an arbitrary irrational abuse of discretion and
unreasonable use of the zoning power because they bear no substantial relationship to the public
health, safety, morality or general welfare of the public and substantially harm the Applicant in
violation of the due process and equal protection rights guaranteed by the Fifth Amendment and
Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph
I and Article I, Section III, Paragraph 1 of the Constitution of the State of Georgia.

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

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

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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A refusal to allow the land use amendment and/or rezoning in question would be invalid inasmuch
as it would be denied pursuant to an ordinance which is not in compliance with the Zoning
Procedures Law, O.C.G.A Section 36-66/1 et seq., due to the manner in which the Ordinance as a
whole and its map(s) have been adopted.

The existing land use designation and/or zoning classification on the Subject Property is
unconstitutional as it applies to the Subject Property. This notice is being given to comply with
the provisions of O.C.G.A. Section 36-11-1 to afford the County an opportunity to revise the
Property to a constitutional classification. If action is not taken by the County to rectify this
unconstitutional land use designation and/or zoning classification within a reasonable time, the
Applicant is hereby placing the County on notice that it may elect to file a claim in the Superior
Court of Fulton County demanding just and adequate compensation under Georgia law for the
taking of the Subject Property, diminution of value of the Subject Property, attorney’s fees and
other damages arising out of the unlawful deprivation of the Applicant’s property rights.

Michele L. Battle, Esq.
Attorney for the Applicant

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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LONG #0922.0010
REVISIONS

REQUESTED BY

GA. WEST ZONE NAD83
Parcel Line Table Parcel Line Table Parcel Line Table

GRID-NORTH
SITE
Line # Length Direction Line # Length Direction Line # Length Direction

L1 118.13 N0°49'54"E L41 43.31 N84°33'15"E L61 89.78 S42°20'25"E

75 74 L2 111.80 N11°04'57"E L42 51.72 S51°19'54"E L62 37.33 S30°35'39"E

DESCRIPTION

1/21/22 REVISE PROPERTY LINE
L3 200.00 N0°46'57"E L43 85.66 S65°14'41"E L63 36.48 S15°20'10"E
54 55
L4 200.00 N0°46'57"E L44 47.40 S47°09'19"E L65 451.81 S12°13'11"E

L5 500.00 N0°46'57"E L45 157.04 S59°33'53"E L66 304.63 S20°00'28"E
CLAYTON HENRY
COUNTY COUNTY L6 200.00 N27°41'42"E L46 59.71 S65°29'16"E L67 38.54 S34°29'04"E

L7 51.74 N43°55'51"E L47 81.29 S52°49'59"E L68 210.65 N47°00'04"E
SS

L8 239.91 N30°35'55"E L48 109.08 S61°03'11"E L69 340.52 S6°31'39"W

L9 192.35 N49°19'03"W L49 97.81 S47°53'26"E L70 234.65 S85°32'56"W

L10 464.77 N17°15'54"W L50 35.14 S29°58'29"E L71 434.11 S84°46'27"W

DATE
20' SSE L11 421.37 N72°29'17"W L51 27.33 S46°21'04"E L72 334.36 S1°08'27"E
MH MH DB 6657/PG 331
SS MH SS
MH L12 234.92 N2°53'28"E L52 115.28 S42°20'01"E L73 5.38 S85°56'23"W
VICINITY MAP
SS 20
SS

REV #
PROPERTY LINE L13 54.92 S68°01'21"E L53 102.32 S24°53'44"E L74 51.29 S73°48'29"W VICINITY MAP 1
IPS SEE NOTE #7
N/F 6 L17 L18
L41 L4 L14 76.07 S82°36'59"E L54 81.91 S26°27'16"E L75 56.28 S40°10'21"W NOT TO SCALE
L1 L1
L14 L15 9 2
WEST HENRY LAND CORP ET AL L13

2550 HERITAGE COURT, STE 250
L20 L43 L15 58.87 N77°03'29"E L55 44.67 S26°16'30"E L76 261.21 N88°37'48"W
DB 2921/PG 259 L4
L12 4 N/F L16 38.58 N62°32'36"E L56 103.45 S42°53'31"E L77 607.33 N76°05'12"W
DB 1494/PG 312
L4 LARRY WILENSKY/KRESSES ET AL SITE AREA
ID:12054B C007 5 MH L17 61.39 N80°41'21"E L57 52.82 S34°06'11"E L78 74.83 N75°04'08"W
CE SS ID:012-01006003 3,000,029 SQ FT
NT 69.032 ACRES

ATLANTA, GA 30339
E L46 L18 105.13 S76°30'15"E L58 65.12 S12°58'30"E L79 35.60 S74°39'50"W
RL
INE L4
IPF 1-1/2" CTP OF
L11 CR 7 L19 72.46 S62°32'03"E L59 113.63 S5°48'06"E L80 27.55 N85°50'09"E
(FOUND) EE
K L4
5.9' S 8 L20 122.84 N89°43'09"E L60 86.16 S32°12'48"E

TEL 770.951.2495
, FAX 770.951.2496
19 L4
60D NAIL ZONE "AE" 9
(FOUND) (DOTTED AREA)
L5
L50
20 L5

www.longeng.com
DESCRIPTION OF PROPERTY Parcel Line Table
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 55 & 42, 12TH DISTRICT, CITY OF STOCKBRIDGE, L10
HENRY COUNTY, GEORGIA CAN BE MORE PARTICULARLY DESCRIBED AS FOLLOWS: ZONE "X" L53 Line # Length Direction

BEGINNING AT CONCRETE RIGHT-OF-WAY MONUMENT FOUND AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY 21
L54
L37 279.22 S0°15'51"E
NOTES

APPROXIMATE LAND LOT LINE
SS
LINE OF GEORGIA STATE HIGHWAY 138 (RIGHT-OF-WAY VARIES) AND THE SOUTHERLY APPROXIMATE LAND LOT LINE OF L38 62.66 S68°01'56"W
LAND LOT 55 (LINE COMMON TO LAND LOT 55 & 42); THENCE DEPARTING SAID RIGHT-OF-WAY LINE OF GEORGIA STATE 1. THIS PLAT WAS PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS, OR ENTITY NAMED IN THE TITLE BLOCK.
HIGHWAY 138 (RIGHT-OF-WAY VARIES) THENCE NORTH 0 DEGREES 49 MINUTES 54 SECONDS EAST, A DISTANCE OF 118.13 L55 L39 284.35 S76°51'30"W SAID USE DOES NOT EXTEND TO ANY UNNAMED PERSON WITHOUT EXPRESS PERMISSION BY THE SURVEYOR NAMING
FEET TO A HALF INCH REBAR FOUND; THENCE NORTH 11 DEGREES 4 MINUTES 57 SECONDS EAST, A DISTANCE OF 111.80 22 SAID PERSON.
FEET TO A POINT; THENCE NORTH 0 DEGREES 46 MINUTES 57 SECONDS EAST, A DISTANCE OF 200.00 FEET TO A POINT; 6
L5 L40 92.15 S85°56'23"W
THENCE CONTINUING ALONG SAID LINE NORTHERLY, A DISTANCE OF 200.00 FEET TO A HALF INCH REBAR FOUND;
THENCE CONTINUING ALONG SAID LINE NORTHERLY, A DISTANCE OF 500.00 FEET TO A POINT; THENCE NORTH 27 23 2. THE SURVEY SHOWN HEREON WAS PREPARED WITHOUT BENEFIT OF ANY ABSTRACT OF TITLE. JAIME HIGGINS AND LONG
L9
DEGREES 41 MINUTES 42 SECONDS EAST, A DISTANCE OF 200.00 FEET TO A POINT; THENCE NORTH 43 DEGREES 55 GLEN DEVON L5 ENGINEERING MAKE NO GUARANTEES OR REPRESENTATIONS REGARDING INFORMATION SHOWN HEREON PERTAINING
MINUTES 51 SECONDS EAST, A DISTANCE OF 51.74 FEET TO A HALF INCH REBAR FOUND; THENCE NORTH 30 DEGREES 35 UNIT TWO
SS
TO EASEMENTS, RIGHTS-OF-WAY, SETBACK LINES, AGREEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS.
MINUTES 55 SECONDS EAST, A DISTANCE OF 239.91 FEET TO A POINT; THENCE NORTH 49 DEGREES 19 MINUTES 3
PB 7/PG 272 L58
SECONDS WEST, A DISTANCE OF 192.35 FEET TO A POINT; THENCE NORTH 17 DEGREES 15 MINUTES 54 SECONDS WEST, 3. THE PROJECT HORIZONTAL DATUM IS RELATIVE TO THE NORTH AMERICAN DATUM 1983 (NAD83), 2011 ADJUSTMENT,
A DISTANCE OF 464.77 FEET TO A 60D NAIL FOUND; THENCE NORTH 72 DEGREES 29 MINUTES 17 SECONDS WEST, A 25 PROJECTED TO THE GEORGIA STATE PLANE COORDINATE SYSTEM, WEST ZONE.
DISTANCE OF 421.37 FEET TO A POINT ON THE APPROXIMATE LAND LOT LINE COMMON TO LAND LOTS 54 & 55; THENCE
ALONG SAID APPROXIMATE LAND LOT LINE NORTH 2 DEGREES 53 MINUTES 28 SECONDS EAST, A DISTANCE OF 234.92 L59 4. ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET (39.37 INCHES = 1 METER), UNLESS
FEET TO A POINT IN THE CENTERLINE OF A CREEK. NOTED OTHERWISE.
1/ L8
(F 2" R
OU B L6 5. INFORMATION REGARDING THE REPUTED PRESENCE, SIZE, CHARACTER AND LOCATION OF EXISTING UNDERGROUND
THENCE DEPARTING SAID APPROXIMATE LAND LOT LINE COMMON TO 54 & 55 AND ALONG THE CENTERLINE OF SAID ND R AREA 0 UTILITIES AND STRUCTURE IS SHOWN HEREON. THERE IS NO CERTAINTY OF THE ACCURACY OF THIS INFORMATION AND
CREEK THE FOLLOWING COURSES AND DISTANCES: 2,863,746 SQ FT IT SHALL BE CONSIDERED IN THAT LIGHT BY THOSE USING THIS DRAWING. THE LOCATION AND ARRANGEMENT OF
14 L6 UNDERGROUND UTILITIES AND STRUCTURES SHOWN HEREON MAY BE INACCURATE AND UTILITIES AND STRUCTURE NOT
65.743 ACRES 1
THENCE SOUTH 68 DEGREES 01 MINUTE 21 SECONDS EAST, A DISTANCE OF 54.92 FEET TO A POINT; THENCE SOUTH 82
L7
N/F SHOWN MAY BE ENCOUNTERED. THE SURVEYOR IS NOT RESPONSIBLE FOR THE CORRECTNESS OR SUFFICIENCY OF
13
N/F L6 THIS INFORMATION.
DEGREES 36 MINUTES 59 SECONDS EAST, A DISTANCE OF 76.07 FEET TO A POINT; THENCE NORTH 77 DEGREES 3 2 WEST HENRY LAND
MINUTES 29 SECONDS EAST, A DISTANCE OF 58.87 FEET TO A POINT; THENCE NORTH 62 DEGREES 32 MINUTES 36 GLEN DEVON, INC. MH
ID:012C01025005 L63 SS CORP ET AL 6. POINT OF BEGINNING IS A CONCRETE RIGHT OF WAY MONUMENT: GDOT POINT 3350 LOCATED 100' LEFT, STATION
SECONDS EAST, A DISTANCE OF 38.58 FEET TO A POINT; THENCE NORTH 80 DEGREES 41 MINUTES 21 SECONDS EAST, A
L6 N/F 264+28.3221 AS REFERENCED ON GEORGIA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP (REF. #2), PROJECT
DISTANCE OF 61.39 FEET TO A POINT; THENCE SOUTH 76 DEGREES 30 MINUTES 15 SECONDS EAST, A DISTANCE OF 105.13 DB 377/PG 228 WEST HENRY LAND CORP ET AL SEE REFERENCE 1 NH-164-1(24), HENRY COUNTY, DATED 12/15/1997, LAST REVISED 1/04/2005, SHEET 31 AND 32 OF 42.
FEET TO A POINT; THENCE SOUTH 62 DEGREES 32 MINUTES 3 SECONDS EAST, A DISTANCE OF 72.46 FEET TO A POINT;
THENCE NORTH 89 DEGREES 43 MINUTES 9 SECONDS EAST, A DISTANCE OF 122.84 FEET TO A POINT; THENCE NORTH 84
12
DB 2472/PG 176 ID:012-01006003
L79 7. BOUNDARY LINE ESTABLISHED BASED ON TAX PARCEL MAPPING, EXISTING MANHOLE LOCATIONS, CONSTRUCTION
DEGREES 33 MINUTES 15 SECONDS EAST, A DISTANCE OF 43.31 FEET TO A POINT; THENCE SOUTH 51 DEGREES 19 DB 1494/PG 312 L80
MINUTES 54 SECONDS EAST, A DISTANCE OF 51.72 FEET TO A POINT; THENCE SOUTH 65 DEGREES 14 MINUTES 41 PLANS OF REEVES CREEK OUTFALL & FORCE MAIN (REF. 4) FOR CLAYTON COUNTY WATER AUTHORITY (CCWA), MORROW,
SECONDS EAST, A DISTANCE OF 85.66 FEET TO A POINT; THENCE SOUTH 47 DEGREES 9 MINUTES 19 SECONDS EAST, A 11 ID:012-01002000 GEORGIA, PREPARED BY ROBERT & COMPANY (RAC), ATLANTA, GEORGIA, DATED 8-18-87. CCWA JOB NO. S85-028, RAC
DISTANCE OF 47.40 FEET TO A POINT; THENCE SOUTH 59 DEGREES 33 MINUTES 53 SECONDS EAST, A DISTANCE OF 157.04 JOB NO. 860003-07. PLAN SHEETS STATION 25+00 TO 43+00.
PARCEL DEPICTED
FEET TO A POINT; THENCE SOUTH 65 DEGREES 29 MINUTES 16 SECONDS EAST, A DISTANCE OF 59.71 FEET TO A POINT;
THENCE SOUTH 52 DEGREES 49 MINUTES 59 SECONDS EAST, A DISTANCE OF 81.29 FEET TO A POINT; THENCE SOUTH 61 APPROXIMATELY AS L65 8. CEMETERY LIMITS DEPICTED HEREON ARE BASED ON FLAGGED DELINEATED LIMITS PROVIDED BY OTHERS. THE
DEGREES 3 MINUTES 11 SECONDS EAST, A DISTANCE OF 109.08 FEET TO A POINT; THENCE SOUTH 47 DEGREES 53 10 X SHOWN ON HENRY SURVEYOR PROVIDES NO CERTIFICATION REGARDING THE ACCURACY OR COMPLETENESS OF WORK PERFORMED
MINUTES 26 SECONDS EAST, A DISTANCE OF 97.81 FEET TO A POINT; THENCE SOUTH 29 DEGREES 58 MINUTES 29 COUNTY TAX REGARDING THE LOCATION THE DEPICTED CEMETERY.
GLEN DEVON

LL 55 & 42 ~ 12TH DISTRICT ~ CITY OF STOCKBRIDGE ~ HENRY COUNTY ~ GEORGIA
SECONDS EAST, A DISTANCE OF 35.14 FEET TO A POINT; THENCE SOUTH 46 DEGREES 21 MINUTES 4 SECONDS EAST, A MAPPING. N/F
DISTANCE OF 27.33 FEET TO A POINT; THENCE SOUTH 42 DEGREES 20 MINUTES 1 SECOND EAST, A DISTANCE OF 115.28 UNIT ONE WEST HENRY LAND CORP ETAL
FEET TO A POINT; THENCE SOUTH 24 DEGREES 53 MINUTES 44 SECONDS EAST, A DISTANCE OF 102.32 FEET TO A POINT; PLAT BOOK 7 9 L5 HOGWIRE FENCE DB 17098/PG 45 FLOOD NOTE
THENCE SOUTH 26 DEGREES 27 MINUTES 16 SECONDS EAST, A DISTANCE OF 81.91 FEET TO A POINT; THENCE SOUTH 26 PAGE 80 ENCROACHES
DEGREES 16 MINUTES 30 SECONDS EAST, A DISTANCE OF 44.67 FEET TO A POINT; THENCE SOUTH 42 DEGREES 53 31.4' E ZONE "X" ID:012-01006001
MINUTES 31 SECONDS EAST, A DISTANCE OF 103.45 FEET TO A POINT; THENCE SOUTH 34 DEGREES 6 MINUTES 11 BY GRAPHIC PLOTTING ONLY, A PORTION OF THIS PROPERTY DOES LIE WITHIN A 100 YEAR FLOOD HAZARD ZONE AND IS
SECONDS EAST, A DISTANCE OF 52.82 FEET TO A POINT; THENCE SOUTH 12 DEGREES 58 MINUTES 30 SECONDS EAST, A SS MH
8 X DEPICTED AS LAYING WITHIN ZONE "AE" AS DEFINED BY THE F.E.M.A FLOOD INSURANCE RATE MAP OF HENRY COUNTY,
DISTANCE OF 65.12 FEET TO A POINT; THENCE SOUTH 5 DEGREES 48 MINUTES 6 SECONDS EAST, A DISTANCE OF 113.63 GEORGIA AND INCORPORATED AREAS MAP NUMBER 13151C0095D, EFFECTIVE DATE 10/26/21.

HWY 138 WEST PROPERTY
FEET TO A POINT; THENCE SOUTH 32 DEGREES 12 MINUTES 48 SECONDS EAST, A DISTANCE OF 86.16 FEET TO A POINT;
THENCE SOUTH 42 DEGREES 20 MINUTES 25 SECONDS EAST, A DISTANCE OF 89.78 FEET TO A POINT; THENCE SOUTH 30
DEGREES 35 MINUTES 39 SECONDS EAST, A DISTANCE OF 37.33 FEET TO A POINT; THENCE SOUTH 15 DEGREES 20
MINUTES 10 SECONDS EAST, A DISTANCE OF 36.48 FEET TO A POINT;
L66 IPS
PLAT REFERENCES
1/2" RBR
THENCE DEPARTING THE CENTERLINE OF SAID CREEK NORTH 74 DEGREES 39 MINUTES 50 SECONDS EAST, A DISTANCE (FOUND) 1. A PLAN DRAWING PREPARED BY MOORE BASS CONSULTING OF MT ZION SHOPS, STOCKBRIDGE, GEORGIA, DATED
OF 35.60 FEET TO A POINT; THENCE NORTH 85 DEGREES 50 MINUTES 9 SECONDS EAST, A DISTANCE OF 27.55 FEET TO 6

PREPARED FOR
X 8/24/15, LASTED REVISED 2/25/16, STAMPED AND SIGNED BY SEAN D. SHANKS, GA PE 031558.
THE CENTER POINT OF A MANHOLE; SOUTH 12 DEGREES 13 MINUTES 11 SECONDS EAST, A DISTANCE OF 451.81 FEET TO L6
8 N/F
2. A GEORGIA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, PROJECT NH-164-1(24), HENRY COUNTY, DATED

BOUNDARY SURVEY OF
THE CENTER POINT OF A MANHOLE; THENCE SOUTH 20 DEGREES 0 MINUTES 28 SECONDS EAST, A DISTANCE OF 304.63 L4 MH MANISH INC. 12/15/1997, LAST REVISED 1/04/2005, SHEET 31 AND 32 OF 42.
FEET TO THE CENTER POINT OF A MANHOLE; THENCE SOUTH 34 DEGREES 29 MINUTES 4 SECONDS EAST, A DISTANCE OF 1/2" RBR L6
SS
5 DB 14351/PG 317

(PB 7/PG 80)
38.54 FEET TO THE CENTER POINT OF A MANHOLE; THENCE NORTH 47 DEGREES 0 MINUTES 4 SECONDS EAST, A X
(FOUND ONLINE)
3. GEORGIA DEPARTMENT OF TRANSPORTAION RIGHT-OF-WAY PLAN, FEDERAL PROJECT NH-164-I (24), PI NUMBER 721480.
DISTANCE OF 210.65 FEET TO AN IRON PIN SET; THENCE SOUTH 6 DEGREES 31 MINUTES 39 SECONDS WEST, A DISTANCE
L69
ID:012-01005000
OF 340.52 FEET TO A ONE INCH OPEN TOP PIPE FOUND; THENCE SOUTH 85 DEGREES 32 MINUTES 56 SECONDS WEST, A 4. CONSTRUCTION PLANS BY REEVES CREEK OUTFALL & FORCE MAIN FOR CLAYTON COUNTY WATER AUTHORITY (CCWA),
1/2" RBR
DISTANCE OF 234.65 FEET TO A ONE INCH OPEN TOP PIPE FOUND; THENCE SOUTH 84 DEGREES 46 MINUTES 27 SECONDS MORROW, GEORGIA, PREPARED BY ROBERT & COMPANY (RAC), ATLANTA, GEORGIA, DATED 8-18-87. CCWA JOB NO.
(FOUND)
WEST, A DISTANCE OF 434.11 FEET TO AN IRON PIN SET; THENCE SOUTH 01 DEGREE 8 MINUTES 27 SECONDS EAST, A 4 X HOGWIRE FENCE S85-028, RAC JOB NO. 860003-07. PLAN SHEETS STATION 25+00 TO 43+00.
DISTANCE OF 334.36 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF GEORGIA STATE HIGHWAY 138 ENCROACHES SS
(RIGHT-OF-WAY VARIES); L3 30.4' E ZONE "AE"
(DOTTED AREA) ZONE "X"

PROVISION HOLDINGS, LLC.
3 DELINEATED LIMITS SS
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 138 (RIGHT-OF-WAY VARIES) THE FOLLOWING HOGWIRE FENCE
COURSES AND DISTANCES: OF CEMETERY N/F
L7 0 1" OTP
ENCROACHES IPS 1" OTP (DIST.)
L71 (FOUND)
30.4' E N/F (FOUND) 138 FAMILY
THENCE SOUTH 74 DEGREES 57 MINUTES 10 SECONDS WEST, A DISTANCE OF 56.56 FEET TO A POINT; THENCE SOUTH 40 2 X L2 215.93' MELISSA RUSSEL INVESTMENT, LLC
DEGREES 10 MINUTES 21 SECONDS WEST, A DISTANCE OF 56.28 FEET TO A POINT; THENCE NORTH 88 DEGREES 37
MINUTES 48 SECONDS WEST, A DISTANCE OF 261.21 FEET TO A CONCRETE RIGHT-OF-WAY MONUMENT FOUND; THENCE DB 15315/PG 142 DB 14205/PG 131
NORTH 76 DEGREES 5 MINUTES 12 SECONDS WEST, A DISTANCE OF 607.33 FEET TO A POINT; THENCE NORTH 75 1/2" RBR ID:012-01003000 ID:012-01004000
DEGREES 4 MINUTES 8 SECONDS WEST, A DISTANCE OF 74.83 FEET TO THE POINT OF BEGINNING. (FOUND)
1 L1 L72 AREA L37
SAID TRACT OR PARCEL CONTAINS 2,863,746 SQUARE FEET OR 65.743 ACRES. 54 55 SEE NOTE #6 APPROXIMATE LAND LOT LINE
136,377 SQ FT
295.98 3.131 ACRES
43 42 L78
RWM
RWM
RIGH L38 (FOUND) N62° 00' 51"E
(FOUND) L77 L73 RWM
T-OF
-WAY
PE L39 (FOUND) 237.586'
R RE
F. #2 L40
5 L74
LEGEND RWM
(FOUND) L76
L7

PROPERTY LINE
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POINT OF BEGINNING THIS PLAT IS A RETRACEMENT OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT SUBDIVIDE OR CREATE A
NEW PARCEL OR MAKE ANY CHANGES TO ANY REAL PROPERTY BOUNDARIES. THE RECORDING INFORMATION OF THE
OTP OPEN TOP PIPE FOUND DOCUMENTS, MAPS, PLATS, OR OTHER INSTRUMENTS WHICH CREATED THE PARCEL OR PARCELS ARE STATED HEREON. G A
CTP CRIMPED TOP PIPE FOUND RECORDATION OF THIS PLAT DOES NOT IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS,
RBC HALF INCH REBAR WITH CAP COMPLIANCE WITH LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY FOR ANY USE OR PURPOSE OF THE LAND.
FURTHERMORE, THE UNDERSIGNED LAND SURVEYOR CERTIFIES THAT THIS PLAT COMPLIES WITH THE MINIMUM TECHNICAL
RWM RIGHT-OF-WAY MONUMENT STANDARDS FOR PROPERTY SURVEYS IN GEORGIA AS SET FORTH IN THE RULES AND REGULATIONS OF THE GEORGIA
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DIST DISTURBED 0 200 400 CALCULATED FOR CLOSURE AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 328,080 FEET. FIELD WORK PERFORMED:
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1/21/22
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JAIME F HIGGINS, PLS GA 2802 DATE

P:\LEI PROJECTS\0922-0010 Hwy 138 W Survey\02 SURVEY\05 Working\DAH\V-0922-0010_HWY 138_BND_1_16746_a80e73c6.sv$.dwg, 1/21/2022 3:51:50 PM, DWG To PDF.pc3
City of Stockbridge
MEETING DATE
AGENDA ITEM
JUNE 13, 2022 FUNDING SOURCE
RESOLUTION GENERAL FUND
ORDINANCE FUND BALANCE
CONTRACT APPROVAL/RENEWAL SPLOST IV
PUBLIC HEARING TSPLOST
PRESENTATION CDBG
BID SELECTION/AWARD GRANT FUNDING
TASK ORDER COUNCIL INITIATIVE
CHANGE ORDER PARTNER/SPONSOR
BUDGET AMENDMENT DEPARTMENT FUND BALANCE
BUDGET TRANSFER BONDING
PAYMENT APPROVAL ACCOUNT TRANSFER FROM: N/A
OTHER ACCOUNT TRANSFER TO: N/A

PRESENTER: Brecca R. Carter, Director & Ryan Anderson, Chief Planner

DEPARTMENT: Community Development

ITEM/PROJECT/EVENT:
Rezoning (Case #RZ‐2022‐01) for the proposed Crescent Communi es Mixed‐Use Development from the ‘C‐
1’ (Neighborhood Commercial), ‘C‐2’ (General Commercial), and ‘PMU’ (Parkway Mixed‐Use Overlay dis‐
tricts to the ‘PUD’ (Planned Unit Development) and PMU districts to allow for a mixed‐use development
project with apartments, townhomes, and small commercial uses. The applicant has also submi ed a Com‐
prehensive Plan Amendment applica on (Case #CP‐2022‐01), which is running concurrently with the rezon‐
ing.

BACKGROUND INFORMATION:

The applicant proposes to build a mixed‐use development containing approximately 48,000 square feet of
commercial/retail space within 2 buildings, 360 apartment units within 8 buildings, and 102 townhomes
within 22 buildings. The main entrance would be located at a traﬃc signal on Highway 138 West, across
from Spivey Road. To accomplish this, a por on of the smaller C‐1 parcel needs to be combined with the
larger C‐2 parcel. Two amenity areas and a surrounding mul ‐use trail would be provided. The Planning
Commission recommended Approval of the request with five condi ons.

SIGNATURES: FINANCIAL IMPACT: N/A
CITY ATTORNEY ____________________________________ AMOUNT: N/A
CITY TREASURER ___N/A_____________________________ ATTACHMENTS: Yes
CITY MANAGER ____________________________________

RZ-2022-01
RZ-2020
Page 1 of-01

REZONING FOR THE PROPOSED CRESCENT COMMUNITIES MIXED-USE
DEVELOPMENT--FROM 'C-1’ (NEIGHBORHOOD COMMERCIAL) AND ‘C-2’
(GENERAL COMMERCIAL) TO ‘PUD’ (PLANNED UNIT DEVELOPMENT)

CASE FACTS

Applicant: Remi Rose Development, LLC

Agent: Battle Law, P.C.

Location: Located on Highway 138 West, west of I-75 and Mount Zion
Parkway, in Land Lots 55 and 42 of District 12.
Surrounding Lan
Parcel ID: Includes two parcels:

• Parcel #012-01003000 – The smaller parcel. Currently zoned ‘C-
1’ and ‘PMU’. Contains 3.131 +/- acres and comprises the
property at 1036 Highway 138 West, across from Spivey Road.
Located in Land Lot 55 of District 12. Owned by Melissa Russell.

• Parcel #012-01002000 – The larger parcel. Currently zoned ‘C-
2’ and ‘PMU’. Contains 65.743 +/- acres. Situated adjacent to the
western side of the smaller parcel, with frontage on Highway 138
West, across from Tributary Parkway. Located in Land Lot 42 of
District 12. Owned by West Henry Land Corporation, et al.

Lot Size/Acres: 68.874 +/- total acres within two parcels.

Request: Rezone property from the ‘C-1’ (Neighborhood Commercial) and ‘C-
2’ (General Commercial) districts to the ‘PUD’ district to allow for a
mixed-use development project with apartments, townhomes, and
small commercial uses. The applicant has also submitted a
Comprehensive Plan Amendment application (CP-2022-01), which
is running concurrently with the rezoning application.

Proposed Use/ The applicant proposes to build a mixed-use development
Project containing approximately 48,000 square feet of commercial/retail
Description space within 2 buildings, 360 apartment units within 8 buildings,
and 102 townhomes within 22 buildings.

The main entrance to the development would occur through a new
driveway off Lake Spivey Parkway, across from Spivey Road, where
a traffic signal is present. A secondary access would occur across
from Tributary Parkway, but it would be limited to right-in and
right-out turning movements due to the presence of a median in the

City of Stockbridge, GA Community Development Department (770) 389-7900 June 13, 2022
Page 2 of 7

center of Lake Spivey Parkway. Sidewalks and deceleration lanes
would be provided along Lake Spivey Parkway.

Existing Land Mostly vacant, except for a very small cemetery off Highway 138
Uses: West. The site is mostly wooded, except for Reeves Creek and its
associated floodplain.

Future Land ‘Low-Density Vertical Mixed-Use’. This designation does not allow
Use the proposed development. It needs to be changed to ‘High-Density
Designation: Residential’. The applicant has simultaneously applied for a
Comprehensive Plan Amendment via CP-2022-01 for this purpose.

Road Access: Via Highway 138 West.

Application April 4, 2022.
Received:

Community March 16, 2022 and May 4, 2022.
Meetings Held
by Applicant:

Public Notices: On May 6, 2022, signs were posted on the property and the
applicant mailed notices to 29 adjacent property owners. Public
Notices in the Henry Herald were scheduled to appear on May 4
and June 18, 2022.

Planning May 26, 2022, via Zoom. The Planning Commission
Commission unanimously recommended the approval of the requested
Meeting: rezoning with five conditions.

Council June 13, 2022, in the Council Chamber.
Meeting:

Development Regulations Relevant to Request:
• City of Stockbridge Unified Development Code, adopted on March 14, 2022.
• All other City Code sections regarding site development standards and requirements.

ANALYSIS OF REQUEST (Sec. 12.02.09.C.2):

CRITERION #1: Consistency with the Comprehensive Plan.

The proposed rezoning of the subject property from C-1, C-2, and PMU to PUD and PMU
would not be consistent with the specifications of the Comprehensive Plan since the
proposed development would be of a much higher density than is envisioned within the
property’s current land use designation of Low-Density Vertical Mixed-Use. The more

City of Stockbridge, GA Community Development Department (770) 389-7900 June 13, 2022
Page 3 of 7

appropriate land use designation is High-Density Residential, which allows some
commercial uses in addition to residential uses. Its allowable density is 6 to 16 units per
acre, and the proposed development would comply with this range by having a gross density
of about 6.9 units per acre and a net density of 8.3 units per acre within the buildable areas
(to account for the presence of Reeves Creek, the floodplain areas, and other open space).

The merits of CP-2022-01, which is to be considered simultaneously during the Planning
Commission and City Council meetings, comprises a separate staff report.

CRITERION #2: The relation that the proposed rezoning amendment bears to the
purpose of the overall zoning scheme with due consideration given to whether or not the
proposed change will help carry out the purposes of the City of Stockbridge Zoning Code.

Section 1.4 provides the Purpose and Intent of the Stockbridge Unified Development Code,
and it identified several objectives to accomplish. Among them are the following, which the
proposed project is envisioned to accomplish:

• Promote the health, safety, aesthetics, convenience, order, prosperity, and general welfare of the
present and future residents of the City of Stockbridge;
• Secure safety from fire, flood, and other dangers;
• Provide adequate light and air;
• Facilitate the adequate provision of transportation, water, sewage collection, schools, parks, and
other public requirements;
• Encourage the most appropriate and best use of land, buildings, and other structures throughout
the City;
• Preserve natural resources.

CRITERION #3: Potential positive effects of the rezoning amendment on the character of
the proposed zoning district, a particular piece of property, neighborhood, a particular
area, or community.

The proposed mixed-use development project is anticipated to have a positive effect on the
subject property and the surrounding area. Having a mixture of land uses makes the best
use of a large site which contains sensitive environmental areas.

The commercial component would be well-suited to its planned location on Highway 138
West between the extensions of Spivey Road and Tributary Road. This would make use of
the existing traffic signal and would be compatible with other commercial uses in the vicinity.

The proposed townhome and multifamily uses would represent a good transition between
the existing commercial uses to the east and the existing single-family detached homes to the
west, along Glen Devon Road.

CRITERION #4: The physical conditions of the site relative to its capability to be
developed as requested, including topography, drainage, access, and size and shape of
the property.

City of Stockbridge, GA Community Development Department (770) 389-7900 June 13, 2022
Page 4 of 7

The presence of an existing traffic signal on Highway 138 West across from Spivey Road
offers the developer the opportunity to provide a convenient access to the development site
by constructing the main project driveway there. This would allow for entry and exit turning
movements in both directions. The proposed secondary access across from Tributary
Parkway would not have a traffic signal, and the presence of a median within the center of
Highway 138 West would prohibit left-turning exit movements from the site.

The subject property is physically challenged due to the presence of Reeves Creek and its
surrounding floodplain areas. The land also slopes downward from west to east toward
Reeves Creek, allowing drainage. The developer plans to protect these areas by leaving them
in their natural state. The remainder of the development site is relatively level and suitable
for the proposed mixed-use development. A 50-foot-wide vegetative buffer would be
provided along the western side of the site. The applicant’s landscape architect has
explained that due to the large parking lots which the proposed apartments would require,
the apartments need to be located on the western side of the site in order to allow for
maximum drainage on the eastern side of the site.

CRITERION #5: The impact upon adjacent property owners should the request be
granted.

The proposed mixed residential development with townhomes and apartments would
represent an acceptable land use transition between the existing single-family detached
housing to the west, within the Glen Devon Subdivision, to the existing retail uses along
Highway 138 West and Mount Zion Parkway. Since the proposed apartments would
represent a much higher density than the homes within the Glen Devon Subdivision, a
vegetative buffer with a width of 50 feet would be provided along the western boundary of
the site. A fence or wall with a height of at least eight (8) feet would be desirable. In addition,
Section 4.6.5 of the UDC states that for each 50 linear feet of buffer, one canopy tree, two
understory trees, and ten screening shrubs with a mature height of at least four feet would
be required.

CRITERION #6: The potential impact of the rezoning on City infrastructure including
water and sewage system.

The applicant has obtained a letter from the Clayton County Water Authority, dated October
4, 2021. It states that a twelve (12)-inch water main is present along the north side of
Highway 138 West, adjacent to the subject property. In addition, an eighteen (18)-inch
sanitary sewer main is present along the east side of Reeves Creek, although this might need
to be extended to serve the proposed development. This may require easements and it
would be at the owner’s or developer’s expense.

CRITERION #7: The impact of the proposed amendment on adjacent thoroughfares and
pedestrian and vehicular circulation and traffic volumes.

City of Stockbridge, GA Community Development Department (770) 389-7900 June 13, 2022
Page 5 of 7

The applicant’s submitted trip generation memorandum states that the proposed
development would generate an estimated 7,390 total trips per day. A breakdown of those
trips by peak hours was presented in Table 4 above. But a full traffic impact study has not
been done, which would make projections on the actual road and traffic impacts that the
development would have on the surrounding street network. Such a study should be
completed. It should include consultations with officials from Georgia DOT and Henry
County DOT to determine whether any road improvements or traffic signalization
adjustments need to be made along Highway 138 West.

Regarding access to the site, Section 4.5.1 of the UDC states that any improvements along
major highways are subject to Georgia DOT approval. Further, Section 16.4(J) states that
any developments which have an entrance onto a state highway must provide deceleration
lanes, and that these must meet Georgia DOT’s design requirements.

Internally, the streets would be 28 feet wide, from the back of the curb on one side of the
street to the back of the curb on the other side of the street. This would meet the
requirements of the Unified Development Code (UDC), and it would meet the specifications
of the Stockbridge Fire Marshal.

Pedestrians would be able to use the one-mile multi-use trail surrounding the site, and
sidewalks would be provided along all of the internal streets. Sidewalks must be at least ten
(10) feet wide along Highway 138 West. The Streetscape Design Standards of the UDC also
specify that along a major highway, a building frontage zone, a pedestrian travel zone, and a
fixtures/planting zone must all be provided. Internally, sidewalks must be at least eight (8)
feet wide on commercial streets and at least five (5) feet wide on residential streets.

Regarding parking, the Illustrative Rezoning Exhibit indicates that the proposed
development would have provide approximately 689 parking spaces for the 360 total
apartment units. Additional parking would be provided for the two commercial buildings,
and guest parking would be provided adjacent to the two proposed clubhouses on the
property. The townhome properties would be large enough to accommodate four parked
vehicles per unit, including two vehicles within the two-car garages and two vehicles parked
on the driveway.

CRITERION #8: The merits of the requested change in zoning relative to any other
guidelines and policies for development, which the Planning Commission and City
Council may use in furthering the objective of the comprehensive plan.

The proposed development would meet purposes of the Parkway Mixed-Use Overlay
District. In particular, it would feature a balanced mixed of retail and residential uses, where
residents could both live and shop. The retail uses would provide jobs and bring needed
services to residents of the project and within the surrounding area. The proposed
development would also help to improve public health by encouraging physical activity via
walking along the proposed one-mile multi-use trail around the subject property.

City of Stockbridge, GA Community Development Department (770) 389-7900 June 13, 2022
Page 6 of 7

CRITERION #9: The ability of the subject land to be developed as it is presently zoned.

The applicant has requested that a portion of a smaller parcel, as well as a larger parcel, be
rezoned. The smaller parcel is zoned ‘C-1’, which allows for the development of many types
of neighborhood commercial uses. Although these uses would be allowed, they are less likely
to be developed than larger commercial uses due to this parcel’s location on a State highway,
and the lack of pedestrian access for customers who are seeking neighborhood retail
products and services. The development of such larger commercial uses would be more
realistic, and the proposed rezoning of a portion of this parcel to PUD would allow for such
action.

The larger parcel is currently zoned ‘C-2’, which allows for general commercial uses. They
could be developed on the site under the C-2 zoning, but it is likely that this would only occur
along Highway 138 West due to the large size of this parcel and the substantial site
limitations that are due to the presence of Reeves Creek and its associated floodplain areas.

The rezoning of the subject property to PUD would allow for flexibility in design and the
greater usage of the total site area than would the existing commercial zoning or the MFR
(Multiple Family Residential) district.

RECOMMENDATIONS

The Planning and Zoning Staff recommends APPROVAL WITH CONDITIONS for the
proposed rezoning of the subject property from C-1, C-2, and PMU to PUD. The
recommended ZONING CONDITIONS are listed below.

1. The project will be developed in conformance with the City of Stockbridge Unified
Development Code and all other City Code sections regarding site development
standards and requirements.

2. Regarding the Property’s Future Land Use Designation -- The approval of Case
#CP-2022-01 to change the property’s future land use designation from Low-Density
Vertical to High-Density Residential shall occur simultaneously with the approval of
Case #RZ-2022-01 for the rezoning of the property.

3. Regarding the Parcels Comprising the Development Site – If the applicant wishes
to include only a portion of the smaller parcel (Parcel #012-01003000) with the
larger parcel (Parcel #012-01002000) to form the project development site, then the
rezoning shall not be finalized until that portion of the smaller parcel is subdivided
from the remainder of the smaller parcel and combined with the larger parcel
simultaneously; and this shall not be finalized until a new plat is officially recorded
by the Henry County Super Court (Real Estate Records Division).

4. Regarding Environmental Matters – The applicant shall comply with the following:
a. Take appropriate steps for the environmental protection of Reeves Creek, the
City of Stockbridge, GA Community Development Department (770) 389-7900 June 13, 2022
Page 7 of 7

floodplain areas, and other sensitive site areas.
b. Submit an acceptable landscape plan to the Community Development Department.
c. Preserve and maintain the existing cemetery and provide adequate access to it.

5. Regarding the Issuance of Land Disturbance and Building Permits – No land
disturbance or building permit shall be issued for the subject property until the
applicant has had the new recombination plat officially recorded and has submitted
a copy of the recorded plat to the Community Development Department.

City of Stockbridge Planning and Zoning Staff
RECOMMENDATION:
APPROVAL WITH CONDITIONS

City of Stockbridge Planning Commission
RECOMMENDATION:
APPROVAL WITH CONDITIONS

City of Stockbridge Mayor and Council:
ACTION:

City of Stockbridge, GA Community Development Department (770) 389-7900 June 13, 2022
Presentation
For RZ-2022-01:
Rezoning for the
Proposed Crescent
Communities Mixed-Use
Development

Presented To:
Planning Commission – May 26, 2022
(Recommended Approval With Conditions)
City Council – June 13, 2022

By:
City of Stockbridge Community
Development Department,
Planning and Zoning Division
AERIAL PHOTO OF SUBJECT PROPERTY

LARGER PARCEL
(Parcel #012-01002000)

SMALLER PARCEL
(Parcel #012-01003000)
AERIAL PHOTO OF VICINITY ZONING

LARGER PARCEL—Zoned ‘C-2’
(Parcel #012-01002000)

SMALLER PARCEL—Zoned ‘C-1’
(Parcel #012-01003000)
CASE FACTS
PARTIES TO THE APPLICATION – Remi Rose Development, LLC, Applicant; Battle Law, P.C., Agent.

PROPERTY LOCATION – Located on Highway 138 West (Lake Spivey Parkway), across from Spivey Road.

PROPERTY IDENTITY --Contains 68.874 +/- acres in two parcels: #012-01003000 (the smaller parcel) with 3.131 +/-
acres and #012-01002000 (the larger parcel) with 65.743 +/- acres.
PROPERTY CHARACTERISTICS – Mostly vacant and wooded. Includes Reeves Creek, floodplains, and a cemetery.

PROPERTY ZONING – Smaller Parcel: C-1. Larger Parcel: C-2. Both parcels: PMU (Parkway Mixed-Use Overlay) district.

SURROUNDING LAND USES – Include Glen Devon Subdivision; Highway 138 Package Store; CVS Pharmacy; Kohl’s.

APPLICANT’S REQUEST – Rezone property from C-1 and C-2 to PUD (Planned Unit Development).

SIGN POSTING – Occurred on May 6, 2022.

COMPREHENSIVE DEVELOPMENT PLAN – Future Land Use Map shows ‘Low-Density Vertical Mixed-Use’ designation.

ZONING HISTORY – Was rezoned in 1996 as part of 178-acre tract from ‘RA’ to ‘C-2’ and ‘C-3’ (Heavy Commercial).

ZONING DISTRICT INTENTS – C-1: neighborhood commercial uses. C-2: community commercial uses. PUD: mixed-use
developments with flexible designs on environmentally-challenged properties.
PARCEL CONSIDERATIONS
1. Two Parcels -- Rezoning application includes the smaller parcel (zoned ‘C-1’ and the larger parcel
(zoned ‘C-2’).
2. Overlay District -- Both parcels are zoned ‘PMU’ (Planned Mixed-Use Overlay District); this would not
change.
3. Half of Smaller Parcel -- Applicant only wants to include about half of the smaller parcel in the develop-
ment site.
4. Required Actions -- Applicant must subdivide the smaller parcel into a western tract and an eastern
tract, then combine the western tract with the larger parcel.
5. Use of Smaller Parcel -- Western tract of smaller parcel would be used to create the main project en-
trance at the traffic light across from Spivey Road.
6. Eastern Tract -- Would remain zoned ‘C-1’ and would not be part of the development.
7. Western Tract -- Must be combined with the larger parcel to form the total development site.
8. Separate Application -- To accomplish all of this, applicant must submit a separate application to sub-
divide and combine. The UDC would allow an administrative approval, with no public hearing.
9. Contingent Rezoning -- Rezoning of the development site would not be finalized until the subdivision
and recombination actions were finalized.
10. Contingent Subdivision and Recombination Actions -- Would not occur if the rezoning is not approved.
SUBDIVISION/RECOMBINATION
EXHIBIT
PROPOSED DEVELOPMENT

PROJECT COMPONENTS – Includes 360 apartments, 102 fee simple townhomes, & 48,000 SF commercial.
SITE AND BUILDING ACCESS – Main entrance at traffic light at Spivey Road; second access across from
Tributary Parkway; internal connection between entrances.
SITE DESIGN – Includes two commercial buildings at main entrance; apartments on west side; townhomes
on east side; two pools; multi-use trail surrounding site; open space to the north; preserve creek areas.
ARCHITECTURAL DESIGN – Residential buildings would have three stories and two-car garages.

TRAFFIC IMPACTS – Trip generation study projects 7,390 total trips; 205 AM exiting & 203 PM entering.
Needs a full traffic impact study. Required on Lake Spivey Parkway: sidewalks and deceleration lanes.
Must coordinate with Georgia DOT.
ENVIRONMENTAL IMPACTS – Protection of Reeves Creek and floodplain areas. Creation of a 50-foot-wide
vegetative buffer on western side of site, adjacent to Glen Devon Subdivision.
ILLUSTRATIVE REZONING
EXHIBIT
IMAGERY REZONING EXHIBIT
ANALYSIS OF REQUEST

NINE (9) REQUIRED CRITERIA WERE ANALYZED:
1. Consistency with the Comprehensive Plan -- Not consistent. Property’s land use designation must be
changed. Applicant has applied for this change via CP-2022-01.
2. Ability to Carry out the Purpose of the Zoning Code – Would encourage appropriate development.
3. Potential Positive Effects on the Area – Good transition of land uses between commercial and SF homes.
4. Physical Suitability of the Site – Site is large. Has convenient access to via traffic signal at Spivey Road.
Reeves Creek and floodplain areas would be left in their natural states.
5. Impacts on Adjacent Property Owners – Western site border would have a 50-foot-wide vegetative
buffer adjacent to single-family residential properties in the Glen Devon Subdivision.
6. Impacts on Water and Sewer Infrastructure – Available 12-inch water main and a sewer main.
7. Impacts on Traffic and Transportation – Applicant’s trip generation study projects 7,390 total trips.
Applicant must coordinate with Georgia DOT regarding trips on Lake Spivey Parkway.
8. Merits of the Request in Relation to Other Considerations – Would meet the PMU district objectives:
provide jobs, enable live/work on site, bring needed services, and encourage physical activity.
9. Ability of the Site to be Developed as it is Currently Zoned – Unlikely for the larger parcel to be developed
totally with commercial uses due to its large size.
RECOMMENDATION – APPROVAL WITH CONDITIONS

1. Regarding Conformance with the UDC and City Code – The project will be developed in conformance with the
City of Stockbridge Unified Development Code (UDC) and all other City Code sections regarding site
development standards and requirements.

2. Regarding the Property’s Future Land Use Designation – The approval of Case #CP-2022-01 to change the
property’s future land use designation from ‘Low-Density Vertical Mixed-Use’ to ‘High-Density Residential’
shall occur simultaneously with the approval of Case #RZ-2022-01 for the rezoning of the property.

3. Regarding the Parcels Comprising the Development Site – If the applicant wishes to include only
a portion of the smaller parcel with the larger parcel, then the rezoning shall not be finalized until
that portion of the smaller parcel is subdivided from the remainder of the smaller parcel and combined with
the larger parcel simultaneously; and this shall not be finalized until a new plat is officially recorded by the
Henry County Superior Court (Real Estate Records Division).

4. Regarding Environmental Matters – The applicant shall comply with the following:
a. Protect Reeves Creek, the floodplain areas, and other sensitive site areas.
b. Submit an acceptable landscape plan.
c. Protect, maintain, and allow access to the existing small cemetery.

5. Regarding the Issuance of Land Disturbance and Building Permits -- No permits shall be issued until
the new plat is officially recorded and a copy is provided to the City.

05/02/2022
VIA: Email
RE: Crescent Communities Proposed Rezoning at Highway 138
ATT: Linda Logan (llogan@cityofstockbridge-ga.gov)

Ms. Logan:

This letter is meant to memorialize Crescent Communities’ intention to subdivide and recombine
property located off Highway 138 for the purpose of including that property with its proposed
development off Highway 138.

The property in question is a portion of property owned by Melissa Russell, bearing the parcel
number 012-01003000 (the “Subject Property”). The Subject Property is currently 3.131 acres.
Crescent Communities owns, or is under contract to purchase, property immediately adjacent to the
Subject Property which bears the parcel number 012-01002000 (the “West Henry Land Corp.
Property”), and which is currently the subject of a pending zoning application.

To satisfy the City of Stockbridge’s Universal Development Code, Crescent Communities plans to
subdivide the Subject Property according to the plan shown in Exhibit A. Exhibit A shows that the
Subject Property will first be subdivided to split +/- 1.26 acres from the Subject Property on the
portion of the Project Site Boundary that runs North to South on the Subject Property in Exhibit A.
That portion of the Subject Property will then be combined with the West Henry Land Corp.
Property.

Additionally, Crescent Communities recognizes it will not be possible to combine the Subject
Property with the West Henry Land Corp. Property until both properties bear the same zoning
designation, but rezoning the Subject Property before subdividing it will leave a non-conforming
PUD parcel. Therefore, Crescent Communities recognizes that the subdivision of the Subject
Property and the subsequent recombination with the West Henry Land Corp. Property must take
place before the rezoning.

Crescent Communities welcomes any comments from Staff.

Prepared By:

Joshua Mahoney
For Battle Law, P.C.

battlelawpc.com
N/F N/F
CE
NT
ER
LIN
Exhibit A WEST HENRY LAND CORP ET AL MANISH INC.
DB 14351/PG 317
DB 2472/PG 176
E OF
CR
E EK

DB 1494/PG 312 ID:012-01005000
ID:012-01002000
FLOODPLAIN
AREA FLOODPLAIN
2,863,746 SQ FT ZONE "AE"
(DOTTED AREA) ZONE
EXHIBIT AREA
65.743 ACRES
ZONE "X"

N/F
138 FAMILY
INVESTMENT, LLC
DB 14205/PG 131
NOT TO PROJECT SITE ID:012-01004000
SITE MAP SCALE
BOUNDARY
FRON
T SET
ORIGINAL MELISSA
BACK
RUSSEL PARCEL
(3.131 AC) BOUNDARY N/F
MELISSA RUSSEL
50' FRONT SETBACK
DB 15315/PG 142
ID:012-01003000

+/- 1.26 ACRES TO BE SUBDIVIDED
FROM MELISSA RUSSEL PARCEL
EXISTING TRAFFIC ~THEN~
LAKE SPIVEY PKWY SIGNAL COMBINED WITH THE
GA. STATE HWY 138
WEST HENRY LAND CORP ET AL
(RIGHT-OF-WAY VARIES) 0 25' 50' 100' 150' 200'

PARCEL FOR A TOTAL PROJECT
SEE PLAT REF.#2
SITE OF +/- 67 ACRES 1" = 50'

PREPARED FOR: PROVISION HOLDINGS HIGHWAY 138 SITE
SUBDIVISION/RECOMBINATION EXHIBIT 5553 PEACHTREE ROAD • SUITE 175
STOCKBRIDGE, GA ATLANTA, GA 30341
www.thomasandhutton.com
4/4/2022
This map illustrates a general plan of the development which is for discussion purposes only. Does not limit or bind the owner and is subject to change and position locations are for illustrative purposes only and are subject to an accurate survey and property description. The producer assumes no legal responsibility for the appreciation or depreciation of any premises, commercial or otherwise, by reason of their inclusion or exclusion from this map. The information contained in this map is subject to change with out notice and is for illustrative purposes only. Unit counts shown above are approximate and may change. Values were provided by outside sources and have not been verified.
First Name Last Name Email Registration Time
Approval Status
ryan oros roros@provisionholdings.com
######## approved
Kyle Brock kbrock@crescentcommunities.com
######## approved
Larry Wilensky lewco@bellsouth.net
######## approved
Susan Snair ssnair11@hotmail.com
######## approved
Yolanda Barber ybarber@cityofstockbridge-ga.gov
######## approved
Mamie Kresses mkresses@bbbnp.org
######## approved
First Name Last Name Email Registration Time
Approval Status
Susan Snair ssnair11@hotmail.com
######## approved
Jay Kresses kressesj@gmail.com
######## approved
Shirley Boyce sboyce7650@bellsouth.net
######## approved
Larry Wilensky lewco@bellsouth.net
######## approved
ryan oros ryanoros@me.com
######## approved
Taylor Harris taylortharris@yahoo.com
######## approved
PRELIMINARY ELEVATIONS
MULTIFAMILY EXTERIOR EXAMPLES

EXAMPLE UNIT INTERIORS
MULTIFAMILY UNIT INTERIORS

NOVEL Upper Westside
Atlanta, GA

PRELIMINARY ELEVATIONS
SINGLE FAMILY EXTERIOR EXAMPLES
EXAMPLE UNIT INTERIORS
SINGLE FAMILY INTERIORS
STATEMENT OF INTENT

and

Other Material Required by
City of Stockbridge Zoning Ordinance
For
A Rezoning From C-1 and C-2 to PUD and
a Future Land Use Change from
Low Density Vertical Mixed Use to High-Density Residential

of

Remi Rose Development, LLC.
c/o Battle Law, P.C.

for

+/-65.743 Acres of Land
Being 1036 Highway 138 West
Stockbridge, Georgia and
Parcel Nos. 012-01002000 and 012-01003000

Submitted for Applicant by:

Michèle L. Battle, Esq.
Battle Law, P.C.
Habersham at Northlake, Building J, Suite 100
Tucker, Georgia 300384
(404) 601-7616 Phone
(404) 745-0045 Facsimile
mlb@battlelawpc.com

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

Remi Rose Development, LLC. (the “Applicant”) is seeking to develop on +/- 65.743 acres
of land being Tax Parcel Nos. 012-01002000 and 012-01003000 having frontage on Georgia State
Highway 138 (the “Subject Property”) with a mixture of multi-family apartments, and fee simple
townhomes. The development will include other parcels that will be used for neighborhood
commercial. The Applicant is seeking a rezoning of the Subject Property from C-1 and C-2 to PUD
and a Future Land Use Change from Low-Density Vertical Mixed Use to High-Density Residential.
This document serves as a statement of intent, analysis of the criteria under the Steinberg
Act, and contains notice of constitutional allegations as a reservation of the Applicant’s rights.

II. STEINBERG CRITERIA

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

The zoning proposal will permit a use that is suitable in view of the use and development of
adjacent and nearby property. The zoning proposal will allow fee simple townhomes,
apartments, and commercial uses. Nearby uses include single-family detached homes, a Kohl’s
Department Store, a CVS drug store, and a package store. The proposed homes would serve the
dual purpose of supporting the existing and new commercial businesse while also providing a
diversity of housing types in the area. By introducing both fee simple townhomes and
apartments, the zoning proposal would attract young professionals who seek smaller, more
sustainable, housing solutions. Therefore, the zoning proposal will permit a use that is suitable
in view of the use and development of adjacent and nearby properties.

2. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or
nearby property;

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

The zoning proposal will not adversely affect the existing use or usability of adjacent or nearby
property. Commercial uses already exist in this area. This zoning proposal creates an
opportunity to introduce different commercial uses that complement what already exists, while
also considering uses that are needed and desired by the existing community members. The
townhomes and apartments proposed would not be unsuitable in this area either. They would
serve as an appropriate transitional buffer between the single-family homes to the West and
the commercial center to the East.

3. Whether the property to be affected by the zoning proposal has a reasonable economic use as
currently zoned;

The property does currently have a reasonable economic use as currently zoned, but
commercial applicants are not interested in this site. The Subject Property is zoned C1 and C2
and has been vacant for quite some time. The Subject Property contains a creek and the
accompanying stream buffer. The stream and its buffer make the Subject Property less
desirable for a fully commercial applicant to develop this property. Commercial developers
bring a much higher level of impervious surface due to the large parking lots and buildings
needed to house their businesses. A residential development, on the other hand, is much more
able to break up impervious surfaces with yards, trees, and open space. These additions
provide much more protection to the sensitive environmental assets on the Subject Property
than a fully commercial development would. The zoning proposal provides that protection
while still providing the benefit of new commercial businesses in the area by placing the
commercial uses close to the road, far away from the stream and the accompanying buffer, and
placing the residential development behind the commercial uses to shield the stream from the
commercial uses stormwater runoff. Therefore, while the Subject Property has a reasonable
economic use, it is by no means the best use of the Subject Property.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
4. Whether the zoning proposal will result in a use which will or would cause an excessive or
burdensome use of existing streets, transportation facilities, utilities, or schools.

The zoning proposal will not result in a use which will cause excessive or burdensome use of
existing streets, transportation facilities, utilities, or schools. The Subject Property fronts on a
major Highway which is more than capable of taking on any additional trips that might be
caused by this proposed community.

5. Whether the zoning proposal is in conformity with the policy and intent of the land use plan;
and

The zoning proposal, by itself, is not in conformity with the policy and intent of the land use
plan. However, paired with the future land use change, the entire request is in conformity
with the policy and intent of the land use plan.

6. Whether there are any other existing or changing conditions affecting the use and
development of the property which give supporting grounds for either approval or
disapproval of the zoning proposal.

The Applicant is not aware of any other existing or changing conditions affecting the use and
development of the property which might give supporting grounds for either approval or
disapproval of the zoning proposal.

III. CONCLUSION

For the foregoing reasons, the Applicant hereby requests that the application for a
rezoning from C-1 and C-2 to PUD and the accompanying future land use change be approved.
The Applicant welcomes any questions and feedback from the planning staff.

IV. NOTICE OF CONSTITUTIONAL ALLEGATIONS AND PRESERVATION OF
CONTITUTIONAL RIGHTS

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

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

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

A denial of this Application would constitute an arbitrary irrational abuse of discretion and
unreasonable use of the zoning power because they bear no substantial relationship to the public
health, safety, morality or general welfare of the public and substantially harm the Applicant in
violation of the due process and equal protection rights guaranteed by the Fifth Amendment and
Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph
I and Article I, Section III, Paragraph 1 of the Constitution of the State of Georgia.

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

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

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
A refusal to allow the land use amendment and/or rezoning in question would be invalid inasmuch
as it would be denied pursuant to an ordinance which is not in compliance with the Zoning
Procedures Law, O.C.G.A Section 36-66/1 et seq., due to the manner in which the Ordinance as a
whole and its map(s) have been adopted.

The existing land use designation and/or zoning classification on the Subject Property is
unconstitutional as it applies to the Subject Property. This notice is being given to comply with
the provisions of O.C.G.A. Section 36-11-1 to afford the County an opportunity to revise the
Property to a constitutional classification. If action is not taken by the County to rectify this
unconstitutional land use designation and/or zoning classification within a reasonable time, the
Applicant is hereby placing the County on notice that it may elect to file a claim in the Superior
Court of Fulton County demanding just and adequate compensation under Georgia law for the
taking of the Subject Property, diminution of value of the Subject Property, attorney’s fees and
other damages arising out of the unlawful deprivation of the Applicant’s property rights.

Michele L. Battle, Esq.
Attorney for the Applicant

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
LONG #0922.0010
REVISIONS

REQUESTED BY

GA. WEST ZONE NAD83
Parcel Line Table Parcel Line Table Parcel Line Table

GRID-NORTH
SITE
Line # Length Direction Line # Length Direction Line # Length Direction

L1 118.13 N0°49'54"E L41 43.31 N84°33'15"E L61 89.78 S42°20'25"E

75 74 L2 111.80 N11°04'57"E L42 51.72 S51°19'54"E L62 37.33 S30°35'39"E

DESCRIPTION

1/21/22 REVISE PROPERTY LINE
L3 200.00 N0°46'57"E L43 85.66 S65°14'41"E L63 36.48 S15°20'10"E
54 55
L4 200.00 N0°46'57"E L44 47.40 S47°09'19"E L65 451.81 S12°13'11"E

L5 500.00 N0°46'57"E L45 157.04 S59°33'53"E L66 304.63 S20°00'28"E
CLAYTON HENRY
COUNTY COUNTY L6 200.00 N27°41'42"E L46 59.71 S65°29'16"E L67 38.54 S34°29'04"E

L7 51.74 N43°55'51"E L47 81.29 S52°49'59"E L68 210.65 N47°00'04"E
SS

L8 239.91 N30°35'55"E L48 109.08 S61°03'11"E L69 340.52 S6°31'39"W

L9 192.35 N49°19'03"W L49 97.81 S47°53'26"E L70 234.65 S85°32'56"W

L10 464.77 N17°15'54"W L50 35.14 S29°58'29"E L71 434.11 S84°46'27"W

DATE
20' SSE L11 421.37 N72°29'17"W L51 27.33 S46°21'04"E L72 334.36 S1°08'27"E
MH MH DB 6657/PG 331
SS MH SS
MH L12 234.92 N2°53'28"E L52 115.28 S42°20'01"E L73 5.38 S85°56'23"W
VICINITY MAP
SS 20
SS

REV #
PROPERTY LINE L13 54.92 S68°01'21"E L53 102.32 S24°53'44"E L74 51.29 S73°48'29"W VICINITY MAP 1
IPS SEE NOTE #7
N/F 6 L17 L18
L41 L4 L14 76.07 S82°36'59"E L54 81.91 S26°27'16"E L75 56.28 S40°10'21"W NOT TO SCALE
L1 L1
L14 L15 9 2
WEST HENRY LAND CORP ET AL L13

2550 HERITAGE COURT, STE 250
L20 L43 L15 58.87 N77°03'29"E L55 44.67 S26°16'30"E L76 261.21 N88°37'48"W
DB 2921/PG 259 L4
L12 4 N/F L16 38.58 N62°32'36"E L56 103.45 S42°53'31"E L77 607.33 N76°05'12"W
DB 1494/PG 312
L4 LARRY WILENSKY/KRESSES ET AL SITE AREA
ID:12054B C007 5 MH L17 61.39 N80°41'21"E L57 52.82 S34°06'11"E L78 74.83 N75°04'08"W
CE SS ID:012-01006003 3,000,029 SQ FT
NT 69.032 ACRES

ATLANTA, GA 30339
E L46 L18 105.13 S76°30'15"E L58 65.12 S12°58'30"E L79 35.60 S74°39'50"W
RL
INE L4
IPF 1-1/2" CTP OF
L11 CR 7 L19 72.46 S62°32'03"E L59 113.63 S5°48'06"E L80 27.55 N85°50'09"E
(FOUND) EE
K L4
5.9' S 8 L20 122.84 N89°43'09"E L60 86.16 S32°12'48"E

TEL 770.951.2495
, FAX 770.951.2496
19 L4
60D NAIL ZONE "AE" 9
(FOUND) (DOTTED AREA)
L5
L50
20 L5

www.longeng.com
DESCRIPTION OF PROPERTY Parcel Line Table
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 55 & 42, 12TH DISTRICT, CITY OF STOCKBRIDGE, L10
HENRY COUNTY, GEORGIA CAN BE MORE PARTICULARLY DESCRIBED AS FOLLOWS: ZONE "X" L53 Line # Length Direction

BEGINNING AT CONCRETE RIGHT-OF-WAY MONUMENT FOUND AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY 21
L54
L37 279.22 S0°15'51"E
NOTES

APPROXIMATE LAND LOT LINE
SS
LINE OF GEORGIA STATE HIGHWAY 138 (RIGHT-OF-WAY VARIES) AND THE SOUTHERLY APPROXIMATE LAND LOT LINE OF L38 62.66 S68°01'56"W
LAND LOT 55 (LINE COMMON TO LAND LOT 55 & 42); THENCE DEPARTING SAID RIGHT-OF-WAY LINE OF GEORGIA STATE 1. THIS PLAT WAS PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS, OR ENTITY NAMED IN THE TITLE BLOCK.
HIGHWAY 138 (RIGHT-OF-WAY VARIES) THENCE NORTH 0 DEGREES 49 MINUTES 54 SECONDS EAST, A DISTANCE OF 118.13 L55 L39 284.35 S76°51'30"W SAID USE DOES NOT EXTEND TO ANY UNNAMED PERSON WITHOUT EXPRESS PERMISSION BY THE SURVEYOR NAMING
FEET TO A HALF INCH REBAR FOUND; THENCE NORTH 11 DEGREES 4 MINUTES 57 SECONDS EAST, A DISTANCE OF 111.80 22 SAID PERSON.
FEET TO A POINT; THENCE NORTH 0 DEGREES 46 MINUTES 57 SECONDS EAST, A DISTANCE OF 200.00 FEET TO A POINT; 6
L5 L40 92.15 S85°56'23"W
THENCE CONTINUING ALONG SAID LINE NORTHERLY, A DISTANCE OF 200.00 FEET TO A HALF INCH REBAR FOUND;
THENCE CONTINUING ALONG SAID LINE NORTHERLY, A DISTANCE OF 500.00 FEET TO A POINT; THENCE NORTH 27 23 2. THE SURVEY SHOWN HEREON WAS PREPARED WITHOUT BENEFIT OF ANY ABSTRACT OF TITLE. JAIME HIGGINS AND LONG
L9
DEGREES 41 MINUTES 42 SECONDS EAST, A DISTANCE OF 200.00 FEET TO A POINT; THENCE NORTH 43 DEGREES 55 GLEN DEVON L5 ENGINEERING MAKE NO GUARANTEES OR REPRESENTATIONS REGARDING INFORMATION SHOWN HEREON PERTAINING
MINUTES 51 SECONDS EAST, A DISTANCE OF 51.74 FEET TO A HALF INCH REBAR FOUND; THENCE NORTH 30 DEGREES 35 UNIT TWO
SS
TO EASEMENTS, RIGHTS-OF-WAY, SETBACK LINES, AGREEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS.
MINUTES 55 SECONDS EAST, A DISTANCE OF 239.91 FEET TO A POINT; THENCE NORTH 49 DEGREES 19 MINUTES 3
PB 7/PG 272 L58
SECONDS WEST, A DISTANCE OF 192.35 FEET TO A POINT; THENCE NORTH 17 DEGREES 15 MINUTES 54 SECONDS WEST, 3. THE PROJECT HORIZONTAL DATUM IS RELATIVE TO THE NORTH AMERICAN DATUM 1983 (NAD83), 2011 ADJUSTMENT,
A DISTANCE OF 464.77 FEET TO A 60D NAIL FOUND; THENCE NORTH 72 DEGREES 29 MINUTES 17 SECONDS WEST, A 25 PROJECTED TO THE GEORGIA STATE PLANE COORDINATE SYSTEM, WEST ZONE.
DISTANCE OF 421.37 FEET TO A POINT ON THE APPROXIMATE LAND LOT LINE COMMON TO LAND LOTS 54 & 55; THENCE
ALONG SAID APPROXIMATE LAND LOT LINE NORTH 2 DEGREES 53 MINUTES 28 SECONDS EAST, A DISTANCE OF 234.92 L59 4. ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET (39.37 INCHES = 1 METER), UNLESS
FEET TO A POINT IN THE CENTERLINE OF A CREEK. NOTED OTHERWISE.
1/ L8
(F 2" R
OU B L6 5. INFORMATION REGARDING THE REPUTED PRESENCE, SIZE, CHARACTER AND LOCATION OF EXISTING UNDERGROUND
THENCE DEPARTING SAID APPROXIMATE LAND LOT LINE COMMON TO 54 & 55 AND ALONG THE CENTERLINE OF SAID ND R AREA 0 UTILITIES AND STRUCTURE IS SHOWN HEREON. THERE IS NO CERTAINTY OF THE ACCURACY OF THIS INFORMATION AND
CREEK THE FOLLOWING COURSES AND DISTANCES: 2,863,746 SQ FT IT SHALL BE CONSIDERED IN THAT LIGHT BY THOSE USING THIS DRAWING. THE LOCATION AND ARRANGEMENT OF
14 L6 UNDERGROUND UTILITIES AND STRUCTURES SHOWN HEREON MAY BE INACCURATE AND UTILITIES AND STRUCTURE NOT
65.743 ACRES 1
THENCE SOUTH 68 DEGREES 01 MINUTE 21 SECONDS EAST, A DISTANCE OF 54.92 FEET TO A POINT; THENCE SOUTH 82
L7
N/F SHOWN MAY BE ENCOUNTERED. THE SURVEYOR IS NOT RESPONSIBLE FOR THE CORRECTNESS OR SUFFICIENCY OF
13
N/F L6 THIS INFORMATION.
DEGREES 36 MINUTES 59 SECONDS EAST, A DISTANCE OF 76.07 FEET TO A POINT; THENCE NORTH 77 DEGREES 3 2 WEST HENRY LAND
MINUTES 29 SECONDS EAST, A DISTANCE OF 58.87 FEET TO A POINT; THENCE NORTH 62 DEGREES 32 MINUTES 36 GLEN DEVON, INC. MH
ID:012C01025005 L63 SS CORP ET AL 6. POINT OF BEGINNING IS A CONCRETE RIGHT OF WAY MONUMENT: GDOT POINT 3350 LOCATED 100' LEFT, STATION
SECONDS EAST, A DISTANCE OF 38.58 FEET TO A POINT; THENCE NORTH 80 DEGREES 41 MINUTES 21 SECONDS EAST, A
L6 N/F 264+28.3221 AS REFERENCED ON GEORGIA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP (REF. #2), PROJECT
DISTANCE OF 61.39 FEET TO A POINT; THENCE SOUTH 76 DEGREES 30 MINUTES 15 SECONDS EAST, A DISTANCE OF 105.13 DB 377/PG 228 WEST HENRY LAND CORP ET AL SEE REFERENCE 1 NH-164-1(24), HENRY COUNTY, DATED 12/15/1997, LAST REVISED 1/04/2005, SHEET 31 AND 32 OF 42.
FEET TO A POINT; THENCE SOUTH 62 DEGREES 32 MINUTES 3 SECONDS EAST, A DISTANCE OF 72.46 FEET TO A POINT;
THENCE NORTH 89 DEGREES 43 MINUTES 9 SECONDS EAST, A DISTANCE OF 122.84 FEET TO A POINT; THENCE NORTH 84
12
DB 2472/PG 176 ID:012-01006003
L79 7. BOUNDARY LINE ESTABLISHED BASED ON TAX PARCEL MAPPING, EXISTING MANHOLE LOCATIONS, CONSTRUCTION
DEGREES 33 MINUTES 15 SECONDS EAST, A DISTANCE OF 43.31 FEET TO A POINT; THENCE SOUTH 51 DEGREES 19 DB 1494/PG 312 L80
MINUTES 54 SECONDS EAST, A DISTANCE OF 51.72 FEET TO A POINT; THENCE SOUTH 65 DEGREES 14 MINUTES 41 PLANS OF REEVES CREEK OUTFALL & FORCE MAIN (REF. 4) FOR CLAYTON COUNTY WATER AUTHORITY (CCWA), MORROW,
SECONDS EAST, A DISTANCE OF 85.66 FEET TO A POINT; THENCE SOUTH 47 DEGREES 9 MINUTES 19 SECONDS EAST, A 11 ID:012-01002000 GEORGIA, PREPARED BY ROBERT & COMPANY (RAC), ATLANTA, GEORGIA, DATED 8-18-87. CCWA JOB NO. S85-028, RAC
DISTANCE OF 47.40 FEET TO A POINT; THENCE SOUTH 59 DEGREES 33 MINUTES 53 SECONDS EAST, A DISTANCE OF 157.04 JOB NO. 860003-07. PLAN SHEETS STATION 25+00 TO 43+00.
PARCEL DEPICTED
FEET TO A POINT; THENCE SOUTH 65 DEGREES 29 MINUTES 16 SECONDS EAST, A DISTANCE OF 59.71 FEET TO A POINT;
THENCE SOUTH 52 DEGREES 49 MINUTES 59 SECONDS EAST, A DISTANCE OF 81.29 FEET TO A POINT; THENCE SOUTH 61 APPROXIMATELY AS L65 8. CEMETERY LIMITS DEPICTED HEREON ARE BASED ON FLAGGED DELINEATED LIMITS PROVIDED BY OTHERS. THE
DEGREES 3 MINUTES 11 SECONDS EAST, A DISTANCE OF 109.08 FEET TO A POINT; THENCE SOUTH 47 DEGREES 53 10 X SHOWN ON HENRY SURVEYOR PROVIDES NO CERTIFICATION REGARDING THE ACCURACY OR COMPLETENESS OF WORK PERFORMED
MINUTES 26 SECONDS EAST, A DISTANCE OF 97.81 FEET TO A POINT; THENCE SOUTH 29 DEGREES 58 MINUTES 29 COUNTY TAX REGARDING THE LOCATION THE DEPICTED CEMETERY.
GLEN DEVON

LL 55 & 42 ~ 12TH DISTRICT ~ CITY OF STOCKBRIDGE ~ HENRY COUNTY ~ GEORGIA
SECONDS EAST, A DISTANCE OF 35.14 FEET TO A POINT; THENCE SOUTH 46 DEGREES 21 MINUTES 4 SECONDS EAST, A MAPPING. N/F
DISTANCE OF 27.33 FEET TO A POINT; THENCE SOUTH 42 DEGREES 20 MINUTES 1 SECOND EAST, A DISTANCE OF 115.28 UNIT ONE WEST HENRY LAND CORP ETAL
FEET TO A POINT; THENCE SOUTH 24 DEGREES 53 MINUTES 44 SECONDS EAST, A DISTANCE OF 102.32 FEET TO A POINT; PLAT BOOK 7 9 L5 HOGWIRE FENCE DB 17098/PG 45 FLOOD NOTE
THENCE SOUTH 26 DEGREES 27 MINUTES 16 SECONDS EAST, A DISTANCE OF 81.91 FEET TO A POINT; THENCE SOUTH 26 PAGE 80 ENCROACHES
DEGREES 16 MINUTES 30 SECONDS EAST, A DISTANCE OF 44.67 FEET TO A POINT; THENCE SOUTH 42 DEGREES 53 31.4' E ZONE "X" ID:012-01006001
MINUTES 31 SECONDS EAST, A DISTANCE OF 103.45 FEET TO A POINT; THENCE SOUTH 34 DEGREES 6 MINUTES 11 BY GRAPHIC PLOTTING ONLY, A PORTION OF THIS PROPERTY DOES LIE WITHIN A 100 YEAR FLOOD HAZARD ZONE AND IS
SECONDS EAST, A DISTANCE OF 52.82 FEET TO A POINT; THENCE SOUTH 12 DEGREES 58 MINUTES 30 SECONDS EAST, A SS MH
8 X DEPICTED AS LAYING WITHIN ZONE "AE" AS DEFINED BY THE F.E.M.A FLOOD INSURANCE RATE MAP OF HENRY COUNTY,
DISTANCE OF 65.12 FEET TO A POINT; THENCE SOUTH 5 DEGREES 48 MINUTES 6 SECONDS EAST, A DISTANCE OF 113.63 GEORGIA AND INCORPORATED AREAS MAP NUMBER 13151C0095D, EFFECTIVE DATE 10/26/21.

HWY 138 WEST PROPERTY
FEET TO A POINT; THENCE SOUTH 32 DEGREES 12 MINUTES 48 SECONDS EAST, A DISTANCE OF 86.16 FEET TO A POINT;
THENCE SOUTH 42 DEGREES 20 MINUTES 25 SECONDS EAST, A DISTANCE OF 89.78 FEET TO A POINT; THENCE SOUTH 30
DEGREES 35 MINUTES 39 SECONDS EAST, A DISTANCE OF 37.33 FEET TO A POINT; THENCE SOUTH 15 DEGREES 20
MINUTES 10 SECONDS EAST, A DISTANCE OF 36.48 FEET TO A POINT;
L66 IPS
PLAT REFERENCES
1/2" RBR
THENCE DEPARTING THE CENTERLINE OF SAID CREEK NORTH 74 DEGREES 39 MINUTES 50 SECONDS EAST, A DISTANCE (FOUND) 1. A PLAN DRAWING PREPARED BY MOORE BASS CONSULTING OF MT ZION SHOPS, STOCKBRIDGE, GEORGIA, DATED
OF 35.60 FEET TO A POINT; THENCE NORTH 85 DEGREES 50 MINUTES 9 SECONDS EAST, A DISTANCE OF 27.55 FEET TO 6

PREPARED FOR
X 8/24/15, LASTED REVISED 2/25/16, STAMPED AND SIGNED BY SEAN D. SHANKS, GA PE 031558.
THE CENTER POINT OF A MANHOLE; SOUTH 12 DEGREES 13 MINUTES 11 SECONDS EAST, A DISTANCE OF 451.81 FEET TO L6
8 N/F
2. A GEORGIA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, PROJECT NH-164-1(24), HENRY COUNTY, DATED

BOUNDARY SURVEY OF
THE CENTER POINT OF A MANHOLE; THENCE SOUTH 20 DEGREES 0 MINUTES 28 SECONDS EAST, A DISTANCE OF 304.63 L4 MH MANISH INC. 12/15/1997, LAST REVISED 1/04/2005, SHEET 31 AND 32 OF 42.
FEET TO THE CENTER POINT OF A MANHOLE; THENCE SOUTH 34 DEGREES 29 MINUTES 4 SECONDS EAST, A DISTANCE OF 1/2" RBR L6
SS
5 DB 14351/PG 317

(PB 7/PG 80)
38.54 FEET TO THE CENTER POINT OF A MANHOLE; THENCE NORTH 47 DEGREES 0 MINUTES 4 SECONDS EAST, A X
(FOUND ONLINE)
3. GEORGIA DEPARTMENT OF TRANSPORTAION RIGHT-OF-WAY PLAN, FEDERAL PROJECT NH-164-I (24), PI NUMBER 721480.
DISTANCE OF 210.65 FEET TO AN IRON PIN SET; THENCE SOUTH 6 DEGREES 31 MINUTES 39 SECONDS WEST, A DISTANCE
L69
ID:012-01005000
OF 340.52 FEET TO A ONE INCH OPEN TOP PIPE FOUND; THENCE SOUTH 85 DEGREES 32 MINUTES 56 SECONDS WEST, A 4. CONSTRUCTION PLANS BY REEVES CREEK OUTFALL & FORCE MAIN FOR CLAYTON COUNTY WATER AUTHORITY (CCWA),
1/2" RBR
DISTANCE OF 234.65 FEET TO A ONE INCH OPEN TOP PIPE FOUND; THENCE SOUTH 84 DEGREES 46 MINUTES 27 SECONDS MORROW, GEORGIA, PREPARED BY ROBERT & COMPANY (RAC), ATLANTA, GEORGIA, DATED 8-18-87. CCWA JOB NO.
(FOUND)
WEST, A DISTANCE OF 434.11 FEET TO AN IRON PIN SET; THENCE SOUTH 01 DEGREE 8 MINUTES 27 SECONDS EAST, A 4 X HOGWIRE FENCE S85-028, RAC JOB NO. 860003-07. PLAN SHEETS STATION 25+00 TO 43+00.
DISTANCE OF 334.36 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF GEORGIA STATE HIGHWAY 138 ENCROACHES SS
(RIGHT-OF-WAY VARIES); L3 30.4' E ZONE "AE"
(DOTTED AREA) ZONE "X"

PROVISION HOLDINGS, LLC.
3 DELINEATED LIMITS SS
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 138 (RIGHT-OF-WAY VARIES) THE FOLLOWING HOGWIRE FENCE
COURSES AND DISTANCES: OF CEMETERY N/F
L7 0 1" OTP
ENCROACHES IPS 1" OTP (DIST.)
L71 (FOUND)
30.4' E N/F (FOUND) 138 FAMILY
THENCE SOUTH 74 DEGREES 57 MINUTES 10 SECONDS WEST, A DISTANCE OF 56.56 FEET TO A POINT; THENCE SOUTH 40 2 X L2 215.93' MELISSA RUSSEL INVESTMENT, LLC
DEGREES 10 MINUTES 21 SECONDS WEST, A DISTANCE OF 56.28 FEET TO A POINT; THENCE NORTH 88 DEGREES 37
MINUTES 48 SECONDS WEST, A DISTANCE OF 261.21 FEET TO A CONCRETE RIGHT-OF-WAY MONUMENT FOUND; THENCE DB 15315/PG 142 DB 14205/PG 131
NORTH 76 DEGREES 5 MINUTES 12 SECONDS WEST, A DISTANCE OF 607.33 FEET TO A POINT; THENCE NORTH 75 1/2" RBR ID:012-01003000 ID:012-01004000
DEGREES 4 MINUTES 8 SECONDS WEST, A DISTANCE OF 74.83 FEET TO THE POINT OF BEGINNING. (FOUND)
1 L1 L72 AREA L37
SAID TRACT OR PARCEL CONTAINS 2,863,746 SQUARE FEET OR 65.743 ACRES. 54 55 SEE NOTE #6 APPROXIMATE LAND LOT LINE
136,377 SQ FT
295.98 3.131 ACRES
43 42 L78
RWM
RWM
RIGH L38 (FOUND) N62° 00' 51"E
(FOUND) L77 L73 RWM
T-OF
-WAY
PE L39 (FOUND) 237.586'
R RE
F. #2 L40
5 L74
LEGEND RWM
(FOUND) L76
L7

PROPERTY LINE
ADJOINER LINE
RIGHT-OF-WAY LINE
LAND LOT LINE
SANITARY SEWER LINE
X X X FENCE
CONCRETE RIGHT-OF-WAY MONUMENT
SEE PLAT REF. #2
IRON PIN FOUND AS NOTED
PROPERTY CORNER
1/2" RBR HALF INCH REBAR CERTIFICATION
IPS IRON PIN SET O RGI
POINT OF BEGINNING THIS PLAT IS A RETRACEMENT OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT SUBDIVIDE OR CREATE A
NEW PARCEL OR MAKE ANY CHANGES TO ANY REAL PROPERTY BOUNDARIES. THE RECORDING INFORMATION OF THE
OTP OPEN TOP PIPE FOUND DOCUMENTS, MAPS, PLATS, OR OTHER INSTRUMENTS WHICH CREATED THE PARCEL OR PARCELS ARE STATED HEREON. G A
CTP CRIMPED TOP PIPE FOUND RECORDATION OF THIS PLAT DOES NOT IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS,
RBC HALF INCH REBAR WITH CAP COMPLIANCE WITH LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY FOR ANY USE OR PURPOSE OF THE LAND.
FURTHERMORE, THE UNDERSIGNED LAND SURVEYOR CERTIFIES THAT THIS PLAT COMPLIES WITH THE MINIMUM TECHNICAL
RWM RIGHT-OF-WAY MONUMENT STANDARDS FOR PROPERTY SURVEYS IN GEORGIA AS SET FORTH IN THE RULES AND REGULATIONS OF THE GEORGIA
MH CENTERLINE OF MANHOLE LID AS PROPERTY CORNER BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND AS SET FORTH IN O.C.G.A. SECTION JA
15-6-67. IM N
SSE SANITARY SEWER EASEMENT E F G
. HIG
N/F NOW OR FORMERLY THE FIELD DATA UPON WHICH THIS MAP OR PLAT IS BASED HAS A CLOSURE PRECISION OF ONE FOOT IN 89,193 FEET, AND
R/W RIGHT-OF-WAY AN ANGULAR ERROR OF 0.33" PER ANGLE POINT, AND WAS ADJUSTED USING LEAST SQUARES. THIS MAP OR PLAT HAS BEEN
DATE 11/1/21
DIST DISTURBED 0 200 400 CALCULATED FOR CLOSURE AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 328,080 FEET. FIELD WORK PERFORMED:
10/20/21 DATE OF PLAT PREPARATION:10/27/21. EQUIPMENT UTILIZED: LEICA TS12 P 3". SURVEY QC: J.HIGGINS
DB DEED BOOK CADD QC: J.JONES
PG PAGE SURVEYED BY: D.MARTIN
100 300
1 LOT NUMBER DRAWN BY: D.HUDSON
1 LAND LOT NUMBER
SCALE: 1"=200'
SS SANITARY SEWER MANHOLE SHEET

1/21/22
1 OF 1
JAIME F HIGGINS, PLS GA 2802 DATE

P:\LEI PROJECTS\0922-0010 Hwy 138 W Survey\02 SURVEY\05 Working\DAH\V-0922-0010_HWY 138_BND_1_16746_a80e73c6.sv$.dwg, 1/21/2022 3:51:50 PM, DWG To PDF.pc3
Memorandum to
Ryan Oros
March 15, 2022
Page 1

MEMORANDUM

TO: Ryan Oros, Managing Partner, Provision Holdings, LLC

FROM: Danielle Easterling, P.E.

DATE: March 15, 2022

RE: Trip Generation – Highway 138 Site
Thomas & Hutton Engineering Co. J–28501

This memo shows the traffic generated for the proposed mixed-use development on Georgia Highway
138 in Stockbridge, Georgia. The site is proposed to have 102 townhomes, 360 apartment dwelling units,
and 48,000 square feet of commercial building space.

Trips generated by the proposed development are estimated using the standard rates and equations
from the Institute of Transportation Engineers, Trip Generation, 11th Edition, 2021.

Land Use: 215 – Single-Family Attached Housing “includes any single-family housing unit that shares a
wall with an adjoining dwelling unit, whether the walls are for living space, a vehicle garage, or storage
space.” Also includes “townhomes/rowhouses (defined as a single structure with three or more distinct
dwelling units, joined side-by-side in a row and each with an outside entrance).” The 102 townhomes
fall into this category.

Land Use: 220 – Multifamily Housing (Low-Rise) “includes apartments, townhomes, and condominiums
located within the same building with at least three other dwelling units and that have two or three floors
(levels).” The 360 apartments are within 3-floor buildings; therefore, the apartment trips are generated
using this category.

Land Use: 821 – Shopping Plaza (40-150k) “is an integrated group of commercial establishments that is
planned, developed, owned, and managed as a unit…Its major tenant is often a supermarket but many
sites are anchored by home improvement, discount, or other stores. A shopping plaza typically contains
more than retail merchandising facilities. Office space, a movie theater, restaurants, a post office,
banks, a health club, and recreational facilities are common tenants.” The commercial property is
envisioned to have a supermarket and falls into this category.

Since the development is mixed-use, the NCHRP 684 Internal Trip Capture Estimation Tool is utilized to
remove the projected internal trip from the generated trips. ITE states “a key characteristic of a mixed-
use development is that trips between the various land uses can be made on site and these internal
trips do not utilize the major street system.”

Some trips produced by the development are considered pass-by trips. Pass-by trips are defined by ITE
as intermediate stops “on the way from an origin to a primary trip destination without a route diversion.
Pass-by trips are attracted from traffic passing the site on the adjacent street or roadway that offers
direct access to the generator. Pass-by trips are not diverted from another roadway not adjacent to the
site.”
Memorandum to
Ryan Oros
March 15, 2022
Page 2

Table 1 shows the trip generation for the development. The trip generation calculations are attached.

Table 1. Trip Generation
Land Use Daily AM Peak Hour PM Peak Hour
Land Use
Code Trips Enter Exit Enter Exit
Single-Family Attached Housing
215 734 15 34 33 25
102 dwelling units
Multifamily Housing (Low-Rise)
220 2,426 35 109 116 68
360 dwelling units
Shopping Plaza (40-150k)
821 4,536 105 64 209 227
48,000 square feet
Total Unadjusted Trips 7,696 155 207 358 320
Internal Capture Trips -164 -2 -2 -80 -80
Pass-By Trips -142 0 0 -75 -67
Total Primary Trips 7,390 153 205 203 173
HIGHWAY 138 SITE -TRIP GENERATION CALCULATIONS
J-29535.0000

ITE LAND ITE LAND USE
USE CODE DESCRIPTION "X" SIZE ADT AM PEAK HOUR PM PEAK HOUR
215 Single-Family Dwelling 102 T = 7.20(X) T = 0.48(X) T = 0.57(X)
Attached Housing Units Units T = 7.20(102) T = 0.48(102) T = 0.57(102)

T = 734 T = 49 T = 58
Enter Exit Enter Exit Enter Exit
50% 50% 31% 69% 57% 43%
367 367 15 34 33 25
220 Multi Family Dwelling 360 T = 6.74(X) T = 0.40(X) T = 0.51(X)
Housing Units Units T = 6.74(360) T = 0.40(360) T = 0.51(360)
(Low-Rise)
T = 2426 T = 144 T = 184
Enter Exit Enter Exit Enter Exit
50% 50% 24% 76% 63% 37%
1213 1213 35 109 116 68
821 Shopping Plaza ksf 48 T = 94.49(X) T = 3.53(X) T = 9.08(X)
(40-150k) ksf T = 94.49(48) T = 3.53(48) T = 9.08(48)
Supermarket - Yes
T = 4536 T = 169 T = 436
Enter Exit Enter Exit Enter Exit
50% 50% 62% 38% 48% 52%
2268 2268 105 64 209 227

Total Unadjusted Trip Generation Volumes 3848 3848 155 207 358 320

Internal Trips
Retail 22 60 1 1 21 59
Residential 60 22 1 1 59 21
Total Internal Trips 82 82 2 2 80 80

Pass-By Trips
821 Shopping Plaza AM = 0, PM = 40% 75 67 0 0 75 67

Primary Trips 3691 3699 153 205 203 173
NCHRP 684 Internal Trip Capture Estimation Tool
Project Name: Highway 138 Site Organization: Thomas & Hutton
Project Location: Stockbridge, GA Performed By: DPE
Scenario Description: AM Street Peak Hour Date: 3/10/2022
Analysis Year: 2022 Checked By: MB
Analysis Period: AM Street Peak Hour Date:

Table 1-A: Base Vehicle-Trip Generation Estimates (Single-Use Site Estimate)
Development Data (For Information Only ) Estimated Vehicle-Trips3
Land Use 1
ITE LUCs Quantity Units Total Entering Exiting
Office 0
Retail 821 48 ksf 169 105 64
Restaurant 0
Cinema/Entertainment 0
Residential 215,220 102,360 dwelling units 193 50 143
Hotel 0
All Other Land Uses2 0
362 155 207

Table 2-A: Mode Split and Vehicle Occupancy Estimates
Entering Trips Exiting Trips
Land Use
Veh. Occ.4 % Transit % Non-Motorized Veh. Occ.4 % Transit % Non-Motorized
Office
Retail
Restaurant
Cinema/Entertainment
Residential
Hotel
All Other Land Uses2

Table 3-A: Average Land Use Interchange Distances (Feet Walking Distance)
Destination (To)
Origin (From)
Office Retail Restaurant Cinema/Entertainment Residential Hotel
Office
Retail
Restaurant
Cinema/Entertainment
Residential
Hotel

Table 4-A: Internal Person-Trip Origin-Destination Matrix*
Destination (To)
Origin (From)
Office Retail Restaurant Cinema/Entertainment Residential Hotel
Office 0 0 0 0 0
Retail 0 0 0 1 0
Restaurant 0 0 0 0 0
Cinema/Entertainment 0 0 0 0 0
Residential 0 1 0 0 0
Hotel 0 0 0 0 0

Table 5-A: Computations Summary Table 6-A: Internal Trip Capture Percentages by Land Use
Total Entering Exiting Land Use Entering Trips Exiting Trips
All Person-Trips 362 155 207 Office N/A N/A
Internal Capture Percentage 1% 1% 1% Retail 1% 2%
Restaurant N/A N/A
External Vehicle-Trips5 358 153 205 Cinema/Entertainment N/A N/A
External Transit-Trips6 0 0 0 Residential 2% 1%
External Non-Motorized Trips6 0 0 0 Hotel N/A N/A

Land Use Codes (LUCs) from Trip Generation Manual , published by the Institute of Transportation Engineers.
Total estimate for all other land uses at mixed-use development site is not subject to internal trip capture computations in this estimator.
Enter trips assuming no transit or non-motorized trips (as assumed in ITE Trip Generation Manual ).
Enter vehicle occupancy assumed in Table 1-A vehicle trips. If vehicle occupancy changes for proposed mixed-use project, manual adjustments must be
made to Tables 5-A, 9-A (O and D). Enter transit, non-motorized percentages that will result with proposed mixed-use project complete.
Vehicle-trips computed using the mode split and vehicle occupancy values provided in Table 2-A.
Person-Trips
*Indicates computation that has been rounded to the nearest whole number.
Estimation Tool Developed by the Texas A&M Transportation Institute - Version 2013.1
Project Name: Highway 138 Site
Analysis Period: AM Street Peak Hour

Table 7-A: Conversion of Vehicle-Trip Ends to Person-Trip Ends
Table 7-A (D): Entering Trips Table 7-A (O): Exiting Trips
Land Use
Veh. Occ. Vehicle-Trips Person-Trips* Veh. Occ. Vehicle-Trips Person-Trips*
Office 1.00 0 0 1.00 0 0
Retail 1.00 105 105 1.00 64 64
Restaurant 1.00 0 0 1.00 0 0
Cinema/Entertainment 1.00 0 0 1.00 0 0
Residential 1.00 50 50 1.00 143 143
Hotel 1.00 0 0 1.00 0 0

Table 8-A (O): Internal Person-Trip Origin-Destination Matrix (Computed at Origin)
Destination (To)
Origin (From)
Office Retail Restaurant Cinema/Entertainment Residential Hotel
Office 0 0 0 0 0
Retail 19 8 0 9 0
Restaurant 0 0 0 0 0
Cinema/Entertainment 0 0 0 0 0
Residential 3 1 29 0 0
Hotel 0 0 0 0 0

Table 8-A (D): Internal Person-Trip Origin-Destination Matrix (Computed at Destination)
Destination (To)
Origin (From)
Office Retail Restaurant Cinema/Entertainment Residential Hotel
Office 34 0 0 0 0
Retail 0 0 0 1 0
Restaurant 0 8 0 3 0
Cinema/Entertainment 0 0 0 0 0
Residential 0 18 0 0 0
Hotel 0 4 0 0 0

Table 9-A (D): Internal and External Trips Summary (Entering Trips)
Person-Trip Estimates External Trips by Mode*
Destination Land Use
Internal External Total Vehicles1 Transit2 Non-Motorized2
Office 0 0 0 0 0 0
Retail 1 104 105 104 0 0
Restaurant 0 0 0 0 0 0
Cinema/Entertainment 0 0 0 0 0 0
Residential 1 49 50 49 0 0
Hotel 0 0 0 0 0 0
All Other Land Uses3 0 0 0 0 0 0

Table 9-A (O): Internal and External Trips Summary (Exiting Trips)
Person-Trip Estimates External Trips by Mode*
Origin Land Use
Internal External Total Vehicles1 Transit2 Non-Motorized2
Office 0 0 0 0 0 0
Retail 1 63 64 63 0 0
Restaurant 0 0 0 0 0 0
Cinema/Entertainment 0 0 0 0 0 0
Residential 1 142 143 142 0 0
Hotel 0 0 0 0 0 0
All Other Land Uses3 0 0 0 0 0 0

Vehicle-trips computed using the mode split and vehicle occupancy values provided in Table 2-A
Person-Trips
Total estimate for all other land uses at mixed-use development site is not subject to internal trip capture computations in this estimator
*Indicates computation that has been rounded to the nearest whole number.
NCHRP 684 Internal Trip Capture Estimation Tool
Project Name: Highway 138 Site Organization: Thomas & Hutton
Project Location: Stockbridge, GA Performed By: DPE
Scenario Description: AM Street Peak Hour Date: 3/10/2022
Analysis Year: 2022 Checked By: MB
Analysis Period: PM Street Peak Hour Date:

Table 1-P: Base Vehicle-Trip Generation Estimates (Single-Use Site Estimate)
Development Data (For Information Only ) Estimated Vehicle-Trips3
Land Use 1
ITE LUCs Quantity Units Total Entering Exiting
Office 0
Retail 821 48 ksf 436 209 227
Restaurant 0
Cinema/Entertainment 0
Residential 215,220 102,360 dwelling units 242 149 93
Hotel 0
All Other Land Uses2 0
678 358 320

Table 2-P: Mode Split and Vehicle Occupancy Estimates
Entering Trips Exiting Trips
Land Use
Veh. Occ.4 % Transit % Non-Motorized Veh. Occ.4 % Transit % Non-Motorized
Office
Retail
Restaurant
Cinema/Entertainment
Residential
Hotel
All Other Land Uses2

Table 3-P: Average Land Use Interchange Distances (Feet Walking Distance)
Destination (To)
Origin (From)
Office Retail Restaurant Cinema/Entertainment Residential Hotel
Office
Retail
Restaurant
Cinema/Entertainment
Residential
Hotel

Table 4-P: Internal Person-Trip Origin-Destination Matrix*
Destination (To)
Origin (From)
Office Retail Restaurant Cinema/Entertainment Residential Hotel
Office 0 0 0 0 0
Retail 0 0 0 59 0
Restaurant 0 0 0 0 0
Cinema/Entertainment 0 0 0 0 0
Residential 0 21 0 0 0
Hotel 0 0 0 0 0

Table 5-P: Computations Summary Table 6-P: Internal Trip Capture Percentages by Land Use
Total Entering Exiting Land Use Entering Trips Exiting Trips
All Person-Trips 678 358 320 Office N/A N/A
Internal Capture Percentage 24% 22% 25% Retail 10% 26%
Restaurant N/A N/A
External Vehicle-Trips5 518 278 240 Cinema/Entertainment N/A N/A
External Transit-Trips6 0 0 0 Residential 40% 23%
External Non-Motorized Trips6 0 0 0 Hotel N/A N/A

Land Use Codes (LUCs) from Trip Generation Manual , published by the Institute of Transportation Engineers.
Total estimate for all other land uses at mixed-use development site is not subject to internal trip capture computations in this estimator.
Enter trips assuming no transit or non-motorized trips (as assumed in ITE Trip Generation Manual ).
Enter vehicle occupancy assumed in Table 1-P vehicle trips. If vehicle occupancy changes for proposed mixed-use project, manual adjustments must be
Vehicle-trips computed using the mode split and vehicle occupancy values provided in Table 2-P.
Person-Trips
*Indicates computation that has been rounded to the nearest whole number.
Estimation Tool Developed by the Texas A&M Transportation Institute - Version 2013.1
Project Name: Highway 138 Site
Analysis Period:

Table 7-P: Conversion of Vehicle-Trip Ends to Person-Trip Ends
Table 7-P (D): Entering Trips Table 7-P (O): Exiting Trips
Land Use
Veh. Occ. Vehicle-Trips Person-Trips* Veh. Occ. Vehicle-Trips Person-Trips*
Office 1.00 0 0 1.00 0 0
Retail 1.00 209 209 1.00 227 227
Restaurant 1.00 0 0 1.00 0 0
Cinema/Entertainment 1.00 0 0 1.00 0 0
Residential 1.00 149 149 1.00 93 93
Hotel 1.00 0 0 1.00 0 0

Table 8-P (O): Internal Person-Trip Origin-Destination Matrix (Computed at Origin)
Destination (To)
Origin (From)
Office Retail Restaurant Cinema/Entertainment Residential Hotel
Office 0 0 0 0 0
Retail 5 66 9 59 11
Restaurant 0 0 0 0 0
Cinema/Entertainment 0 0 0 0 0
Residential 4 39 20 0 3
Hotel 0 0 0 0 0

Table 8-P (D): Internal Person-Trip Origin-Destination Matrix (Computed at Destination)
Destination (To)
Origin (From)
Office Retail Restaurant Cinema/Entertainment Residential Hotel
Office 17 0 0 6 0
Retail 0 0 0 69 0
Restaurant 0 105 0 24 0
Cinema/Entertainment 0 8 0 6 0
Residential 0 21 0 0 0
Hotel 0 4 0 0 0

Table 9-P (D): Internal and External Trips Summary (Entering Trips)
Person-Trip Estimates External Trips by Mode*
Destination Land Use 1 2 2
Internal External Total Vehicles Transit Non-Motorized
Office 0 0 0 0 0 0
Retail 21 188 209 188 0 0
Restaurant 0 0 0 0 0 0
Cinema/Entertainment 0 0 0 0 0 0
Residential 59 90 149 90 0 0
Hotel 0 0 0 0 0 0
All Other Land Uses 0 0 0 0 0 0

Table 9-P (O): Internal and External Trips Summary (Exiting Trips)
Person-Trip Estimates External Trips by Mode*
Origin Land Use 1 2 2
Internal External Total Vehicles Transit Non-Motorized
Office 0 0 0 0 0 0
Retail 59 168 227 168 0 0
Restaurant 0 0 0 0 0 0
Cinema/Entertainment 0 0 0 0 0 0
Residential 21 72 93 72 0 0
Hotel 0 0 0 0 0 0
All Other Land Uses 0 0 0 0 0 0

Vehicle-trips computed using the mode split and vehicle occupancy values provided in Table 2-P
Person-Trips
Total estimate for all other land uses at mixed-use development site is not subject to internal trip capture computations in this estimator
*Indicates computation that has been rounded to the nearest whole number.
Table 7.1a Adjusted Internal Trip Capture Rates for Trip Origins within a Multi-Use Development
Weekday
Land Use Pairs
AM Peak Hour PM Peak Hour
To Office 0.0% 0.0%
To Retail 28.0% 20.0%
To Restaurant 63.0% 4.0%
From OFFICE
To Cinema/Entertainment 0.0% 0.0%
To Residential 1.0% 2.0%
To Hotel 0.0% 0.0%
To Office 29.0% 2.0%
To Retail 0.0% 0.0%
To Restaurant 13.0% 29.0%
From RETAIL
To Cinema/Entertainment 0.0% 4.0%
To Residential 14.0% 26.0%
To Hotel 0.0% 5.0%
To Office 31.0% 3.0%
To Retail 14.0% 41.0%
To Restaurant 0.0% 0.0%
From RESTAURANT
To Cinema/Entertainment 0.0% 8.0%
To Residential 4.0% 18.0%
To Hotel 3.0% 7.0%
To Office 0.0% 2.0%
To Retail 0.0% 21.0%
To Restaurant 0.0% 31.0%
From CINEMA/ENTERTAINMENT
To Cinema/Entertainment 0.0% 0.0%
To Residential 0.0% 8.0%
To Hotel 0.0% 2.0%
To Office 2.0% 4.0%
To Retail 1.0% 42.0%
To Restaurant 20.0% 21.0%
From RESIDENTIAL
To Cinema/Entertainment 0.0% 0.0%
To Residential 0.0% 0.0%
To Hotel 0.0% 3.0%
To Office 75.0% 0.0%
To Retail 14.0% 16.0%
To Restaurant 9.0% 68.0%
From HOTEL
To Cinema/Entertainment 0.0% 0.0%
To Residential 0.0% 2.0%
To Hotel 0.0% 0.0%
Table 7.2a Adjusted Internal Trip Capture Rates for Trip Destinations within a Multi-Use Development
Weekday
Land Use Pairs
AM Peak Hour PM Peak Hour
From Office 0.0% 0.0%
From Retail 4.0% 31.0%
From Restaurant 14.0% 30.0%
To OFFICE
From Cinema/Entertainment 0.0% 6.0%
From Residential 3.0% 57.0%
From Hotel 3.0% 0.0%
From Office 32.0% 8.0%
From Retail 0.0% 0.0%
From Restaurant 8.0% 50.0%
To RETAIL
From Cinema/Entertainment 0.0% 4.0%
From Residential 17.0% 10.0%
From Hotel 4.0% 2.0%
From Office 23.0% 2.0%
From Retail 50.0% 29.0%
From Restaurant 0.0% 0.0%
To RESTAURANT
From Cinema/Entertainment 0.0% 3.0%
From Residential 20.0% 14.0%
From Hotel 6.0% 5.0%
From Office 0.0% 1.0%
From Retail 0.0% 26.0%
From Restaurant 0.0% 32.0%
To CINEMA/ENTERTAINMENT
From Cinema/Entertainment 0.0% 0.0%
From Residential 0.0% 0.0%
From Hotel 0.0% 0.0%
From Office 0.0% 4.0%
From Retail 2.0% 46.0%
From Restaurant 5.0% 16.0%
To RESIDENTIAL
From Cinema/Entertainment 0.0% 4.0%
From Residential 0.0% 0.0%
From Hotel 0.0% 0.0%
From Office 0.0% 0.0%
From Retail 0.0% 17.0%
From Restaurant 4.0% 71.0%
To HOTEL
From Cinema/Entertainment 0.0% 1.0%
From Residential 0.0% 12.0%
From Hotel 0.0% 0.0%
Providing Quality Water and Quality Services to Our Community

October 4, 2021

Adam Kirk
Thomas & Hutton
5553 Peachtree Road
Suite 175
Atlanta, GA 30341

Re: Highway 138
Parcel 012-01002000
Henry County, Georgia

Mr. Kirk,

Clayton County Water Authority owns and maintains a 12-inch water main running along the north side of
Highway 138 at the above referenced property. The Authority has a treatment capacity of 42 MGD and is
currently producing an average of 23.84 MGD.

The Authority also owns and maintains an 18-inch sanitary sewer main running along the east side of
Reeves Creek east of the referenced property. Sanitary sewer may need to be extended, may require
easements and be at the owner’s expense. Wastewater generated from your development would receive
treatment at the WB Casey WRF. This facility has a design capacity of 24.0 MGD and is presently treating
11.85 MGD. The Authority does not guarantee capacity of plant or infrastructure; capacity is allocated only
when purchased.

The data contained in this letter is for informational purposes only indicating location and size. A survey,
by the above referenced property owner, may be necessary to determine connection to the Authority’s
system.

Potable water and sanitary sewer service to this property is subject to the existing and future policies of
the Clayton County Water Authority, State EPD and Federal EPA.

Sincerely,

Keith Watkins
Engineering Supervisor

www.ccwa.us | 770.961.2130 | 1600 Battle Creek Road, Morrow, GA 30260
City of Stockbridge
MEETING DATE
AGENDA ITEM
May 31, 2022 FUNDING SOURCE
RESOLUTION GENERAL FUND
ORDINANCE FUND BALANCE
SERVICE AGREEMENT RENEWAL SPLOST IV
PUBLIC HEARING TSPLOST
PRESENTATION CDBG
BID SELECTION/AWARD GRANT FUNDING
TASK ORDER COUNCIL INITIATIVE
CHANGE ORDER PARTNER/SPONSOR
BUDGET AMENDMENT DEPARTMENT FUND BALANCE
BUDGET TRANSFER BONDING
PAYMENT APPROVAL ACCOUNT TRANSFER FROM: N/A
OTHER ACCOUNT TRANSFER TO: N/A

PRESENTER: Renee Wheeler

DEPARTMENT: Human Resources

ITEM/PROJECT/EVENT: Revisions/Updates to policies in the Employee Manual
Various sections are requiring updates to policies in the employee manual.
Sections 410.00 (Introduction Period); Section 440.00 (Anti-bullying & Workplace Violence); Section 490.002- (Infectious Disease
Control Policy); Section 610.00 (Meal Breaks/Periods); Section 620.100 (Alternative Work Schedule Policy).

BACKGROUND INFORMATION:
There are various policies that require updates based on new legislation, expanded policies and new poli-
cies .

SIGNATURES: FINANCIAL IMPACT none
CITY MANAGER ____________________________________

CITY TREASURER ___________________________________ X 1
ATTACHMENTS:
ITEM/PROJECT/EVENT:

BACKGROUND INFORMATION:

ITEM/PROJECT/EVENT:

BACKGROUND INFORMATION:

May 31, 2022

The following items are for council consideration and will be updated/revised in the employee
manual upon Council approval:
Section 410.000- Introduction Period
All new employees hired by the City will serve an introduction period for the first ninety (90)
days of employment. All sworn police personnel hired by the City will serve a probationary
period of twelve (12) months. This introduction/probation period is intended, primarily, to allow
the city and employee to determine whether the employee can adequately perform in the
assigned job position and whether the position is a good fit for the employee. This policy also
applies to an employee who has been promoted to a higher-level position or transferred to a
different position, regardless of pay grade level. At the end of the introduction/probation period,
an employee’s performance will be reviewed, and a decision made regarding his or her
continued employment or whether any extended introduction/probation period is needed. If
additional time is needed to evaluate an employee in a position, a Department Head may request
an extension of the employee’s introduction period, which may be allowed upon approval by the
City Manager.

Section 440.00 – Workplace Violence
Section will be expanded to include Anti-Bullying & Workplace Violence Policy
Policy Statement
1.1. The City of Stockbridge is committed to maintaining a workplace that is
free of violence. Every employee should clearly understand what
workplace violence means and your role in preventing it. Leadership
recognizes the potential for violence in the workplace and will make
every reasonable effort to identify all potential sources of such risk, for
the purpose of eliminating or minimizing threats to the work
environment by enforcing its workplace violence policy.
1.2. The City of Stockbridge will not tolerate any type of violence; to
include bullying, harassment and/or stalking within the workplace
during work related activities or those activities that start on city
property and are perpetuated away from city grounds.
2.0 Applicability and Scope
2.1. This policy applies to all COS employees, contractors, and visitors who
encounter and/or witness the threat of violence, including bullying, harassment, and/or
stalking.
Section 490.002 – Infection Disease Control Policy
The City of Stockbridge will take proactive steps to protect the workplace in the event of an
infectious disease outbreak. It is the goal of the city during any such time period to strive to
operate effectively and ensure that all essential services are continuously provided and that
employees are safe within the workplace. The City is committed to providing authoritative
information about the nature and spread of infectious disease, including symptoms and signs to
watch for, as well as required steps to be takin tin the event of an illness or outbreak.
Section 610.000 – Meal/Break Periods
This section will add Georgia HB 1090 (codified at O.C.G.A. § 34-1-6), requiring employers to
provide reasonable break time to working mothers who desire to express breast milk at their
worksite during working hours. Prior to this legislation, Georgia maintained a permissive
lactation break law which encouraged employers to provide lactation breaks but did not require
it.

Section 620.100 – Alternative Work Schedule Policy
The City of Stockbridge supports alternative work schedules and allows Departments to
implement these arrangements, where appropriate, for eligible employees.
The alternative work schedule policy establishes the conditions and requirements for full-time
and part-time employees to perform alternative work schedules consistent with the requirements
of their position and the needs of the city The alternative work schedule may be implemented
when they benefit the City of Stockbridge in one or more of the following ways:
• City of Stockbridge Citizens – To provide Citizens with an even higher level of service
with no delays at the beginning for the business day and continue this level of service
until the close of business.
• City of Stockbridge Employer – To improve recruitment and retention of high-quality
employees, to decrease employee vacancy rates and to provide a no-cost enhancement to
the City’s work environment.
• City of Stockbridge Employees – To improve job satisfaction, employee morale,
effectiveness and productivity; promotes employee health, wellness and reduces
absenteeism by helping employees face the demands of juggling work, family and life
related issues. Reduce employee’s time of commute, cost of fuel and vehicle
maintenance.
• Sustainability – To position the city as a leader for solutions to reduce traffic congestion
and improve air quality and will maximize the utilization of City facilities and resources.
Policy
The City of Stockbridge Alternative Work Schedule Policy is administered by Human Resources
under the guidance of the City Manager, or designee. The city manager will have the final
authority in the applicability of the alternative work schedule policy for each situation and shall
have the right to terminate the program or any employee’s alternative work schedule at any time.
This policy applies only to employees in good standing who are occupying positions suitable for
this schedule. The use of alternative work schedule does not change the terms and conditions of
employment. An alternative work schedule is not a right conferred upon an employee.
Alternative Work Schedules shall not result in automatic overtime or compensatory time. The
schedule may be rescinded at the discretion of the supervisor or department head at any time
with reasonable notice to the individual employee, except in cases of emergency.
Definitions
There are various alternative work schedule options available to employees. These options
include:
1. Flextime, which is a block of time at the start and end of traditional eight-hour shifts
during which employees may report and complete their required shift hours of work.
May be used for an employee’s part-time, intermittent, and emergencies.
May not be used to provide reasonable accommodation pursuant to the Americas with
Disabilities Act and its Amendments without advance review and approval of an
employee’s request for accommodation by Human Resources.

Transitional Flexible Work Arrangements – When an employee is transitioning into
retirement or leaving their job at the city, and it is beneficial to maintain continuity of
operations.

2. Compressed Workweeks allow employees to work a standard number of hours over less
than a five-day period in one work or a 10-day period in two weeks. A common
compressed workweek schedule is 10 hours a day for four days a week. A nine
hour/eight-hour day shift with five workdays on week one and four days on week two
with a designated day off every other week. This schedule is only allowed for exempt
employees because of the overtime pay inherit in the schedule. This schedule will only be
allowed during the summer months.

3. Telecommuting is allowable when employees are able to perform work from a remote
location (usually a home office) rather than commuting into the workplace. It is
generally allowed in a part-time or periodic basis for a maximum of two days each week.
Security
Consistent with the organization’s expectation of information security for employees working at
the office, telecommuting employees will be expected to ensure the protection of proprietary city
and customer information accessible from their home office. Steps include the use of locked file
cabinets and desks, regular password maintenance, and any other measures appropriate for the
job and the environment. The employee will establish an appropriate work environment within
his or her home for work purposes. City of Stockbridge will not be responsible for costs
associated with the setup of the employee's home office, such as remodeling, furniture, or
lighting, nor for repairs or modifications to the home office space.
Safety
Employees are expected to maintain their home workspace in a safe manner, free from safety
hazards. The City of Stockbridge will provide a checklist for the employee and must be turned
in to human resources. Injuries sustained by the employee in a home office location and in
conjunction with his or her regular duties are covered by worker’s compensation policy.
Telecommuters are responsible for notifying the employer of such injuries as soon as predictable.
The employee is liable for any injuries sustained by visitors to his or her home worksite.
Telecommuting is not designed to be a replacement for appropriate childcare. Although an
individual employee’s schedule may be modified to accommodate childcare needs, the focus of
the arrangement must remain on job performance and meeting business demands.
Employees must submit the request and all required documentation/attachments and follow the
approval protocol established by the department.
Michael Stephen Fields

Retail Supervisor Loews Hotels & C o.

2512 Walter Way Stockbridge 30281-7977

770 703-5663 michaelstephenfields@ gmail.com

404 745-5764 mfields@ loewshotels.com

678 2091877

NONE
Board of Ethics

14 5
I believe in transparency, honesty and integrity of all mankind. I have always been an individual who loves to
uplift one another and making sure that everyone is treated fairly. I love to volunteer in my spare time, along
with finding interest with what's happening in and around my community. One Voice One Goal, is my motto!

Youth Counc il Advisory Committee

Michael S. Fields 05/26/2022
Tonya "Toni" Williams

Senior Advisor Department of Transportation

1041 Fable Lane Hampton 30228

202 330 6009
Youth C ouncil

2 6
I am fairly new to Henry C ounty and was looking for valuable ways to serve and impact my community. I am
the Founder of She. Her. Me. I am Mentoring LLC where we mentor young girls through the cycles of
Womanhood. I am eager to pour and learn from our future leaders.

Tonya Williams 01/20/2022
3RD ANNUAL CAJO
FAM FEST
2022
Pastor Canton Jones with Radio One
Would like to bring CAJO FamFest to the City of
Stockbridge

Hosted by the City of Stockbridge's Youth Council
To bring the community together for one night of
praise, fun and creating new memories
Who?????
Canton Jones-award-winning, Grammy-nominated contemporary gospel singer,
rapper, vocal arranger, and producer

RadioOne- largest distributor of urban content in the country. For more than 40 years,
Urban One has been the leading voice speaking to Black America. First, as the largest
local urban radio network. Then, as the largest syndicator of urban programming.

Stockbridge Youth Council- a group of 9th -12th grade leaders, elected by the
community to educated, engaged and encourage the community and be the voice of
the youth in the City of Stockbridge
What???
The CaJo Famfest is a community festival that has been
hosted in other cities is South-Metro Atlanta. This event was
created as a prelude to Praise in the Park, one of the largest
annual outdoor concerts celebrating Gospel music in the
nation.
When & Where
When: Saturday, October 15, 2022
Where: Stockbridge Amphitheater
Time: 1:00PM-8:00 PM

LIVE MUSIC • GAMES • RIDES • FOOD TRUCKS
Why

It's not even summertime yet and our youth have been hit
with some traumatic incidents this year. From the
pandemic, to the ELHS tragedy, now the Texas mass
shooting, we need to boost the morale of our students this
upcoming school year by putting on the biggest
inspirational family festival this city has ever seen.
How, you ask?
City Funds
Grants
Sponsorships
Partnerships
Volunteers
WHAT IS THE COST TO THE
CITY??
The Youth Council is asking the City to fund $20,000
of the $60,000 budget
Sponsors are being acquired to help offset the cost
with the option of different sponsor packages starting
at $300.00-$2,500.00
PROJECTED COST FOR THE CITY
Carnival Rides $5,000
Signage $3,000
Insurance $2,000
Cleaning Staff $ 2,000
Security and Policing $2,000
Video/Photographer $2,000
Awards and Honors $1,000
Tables, Chairs and Linen Rental $1,000
PROJECTED COST FOR CANTON JONES

Sound and Lighting $14,200
Artist and Salaries $7,000
Engineers $6,000
Marketing $5,000
Hospitality $3,000
Show Editors $2,500
Insurance $2,000
Infirmary $1,000
IN CONCLUSION
Having a family event at the City of Stockbridge's new
Amphitheater will not only bring diversity but will be a
moment to connect with the community and show that
the City of Stockbridge is truly "Where Community
Connects"
Q&A
Title 9 - LICENSING AND REGULATION
Chapter 9.16 PAWNSHOPS AND SECONDHAND DEALERS

Chapter 9.16 PAWNSHOPS AND SECONDHAND DEALERS1

1Editor's note(s)—Ord. No. 12-282, § 1, adopted Aug. 13, 2012, repealed former Ch. 9.16, §§ 9.16.010—9.16.210,

in its entirety and enacted new provisions as herein set out. Former Ch. 9.16 pertained to pawnshops and
derived from Ord. No. 97-5, 1997; Ord. No. 01-04, § 1, 2001; Ord. No. 01-34, § 1, 2001.

Stockbridge, Georgia, Code of Ordinances Created: 2021-10-27 09:30:32 [EST]

(Supp. No. 50, 10-21)

Page 1 of 11
9.16.010 Short title.
This chapter shall be known as the Stockbridge Pawnbroker and Secondhand Dealer Ordinance.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.020 Findings and intent.
This chapter is adopted to address the interest of public safety, health, and welfare of the community, to aid
and assist in the recovery of stolen property, and to aid and assist local law enforcement in fulfilling their public
safety functions.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.030 Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section or shall have the same meaning as set forth in the Official Code of Georgia Annotated, Section
44-12-130, should those definitions differ.
“Automated reporting system” means the computer based system that is specified by the chief of police or
his designee that is designed to record and transmit data and information electronically.
"Employee" means any person who works in a pawnshop, whether on a part-time or full-time basis,
regardless of whether remuneration is received or not.
"Month" means that period of time from one date in a calendar month to the corresponding date in the
following calendar month, but if there is no such corresponding date, then the last day of such following month.
“Pawn or pledge” means a bailment of personal property as security for any debt or engagement,
redeemable upon certain terms and with the implied power of sale on default.
“Pawn customer” means an individual who pledges, pawns, exchanges, or sells property to a pawnbroker
"Pawnbroker" means any person engaged in whole or in part in the business of lending money on the
security of pledged goods, or in the business of purchasing tangible personal property on the condition that it may
be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of
purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers as a
part of or in conjunction with the business activities described in this paragraph.
“Pawnshop” means any business wherein a substantial part thereof is to take or receive, by way of pledge,
pawn or exchange, any goods, wares, merchandise or any kind of personal property as security for the repayment
of money lent thereon.
"Pawn transaction" means any loan on the security of pledged goods or any purchase of pledged goods on
the condition that the pledge goods may be redeemed or repurchased by the pledger or seller for a fixed price
within a fixed period of time.
"Person" means an individual, partnership, corporation, joint venture, trust, association, or any other legal
entity however organized.
"Pledged goods" means tangible personal property, including, without limitation, all types of motor vehicles
or any motor vehicle certificate of title, which property is purchased by, deposited with, or otherwise actually
delivered into the possession of a pawnbroker in connection with a pawn transaction. However, for purposes of
this Code section, possession of any motor vehicle certificate of title which has come into the possession of a

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(Supp. No. 50, 10-21)

Page 2 of 11
pawnbroker through a pawn transaction made in accordance with law shall be conclusively deemed to be
possession of the motor vehicle, and the pawnbroker shall retain physical possession of the motor vehicle
certificate of title for the entire length of the pawn transaction but shall not be required in any way to retain
physical possession of the motor vehicle at any time. "Pledged goods" shall not include choses in action, securities,
or printed evidences of indebtedness.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.040 Enforcement.
The municipal/county police department shall see that the provisions of this chapter are observed and
enforced.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.050 Employees.
No person shall be an employee of a pawnshop in any capacity until such person has been fingerprinted by
the municipal/county police department and has been issued an annual permit authorizing such person to be
employed by a pawnshop. It shall be the duty of the pawnbroker to assure that there is compliance with the
provisions of this section. It shall be the duty of the licensee to assure the provisions of this section are strictly
followed.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.060 General policies and purposes.
A. Pawnbrokers may operate only after the issuance of a license for such operation by the City of Stockbridge
and only in the manner permitted by such license. Pawn transactions may only occur through a licensee who
complies with the rules and regulations of this chapter and with the licensing, regulatory and revenue
requirements of the State of Georgia.
B. All licenses are a mere grant or privilege subject to all terms and conditions imposed by this chapter and
state law and subject to being revoked by the City of Stockbridge.
C. Each licensee of the city shall display the license issued under this chapter prominently at all times at the
outlet for which the license is issued. A separate license must be issued for each outlet of sale and a separate
application must be made for each outlet.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.070 Qualifications for issuance of license.
Any person who desires to obtain a license for the operation of a pawnshop must meet the minimum
qualifications set forth in this section. If the applicant is a partnership, each partner must meet the qualifications of
any individual license and must make sworn statements of these qualifications as part of the application process. If
the applicant is a corporation, the majority stockholder and each principal officer of the corporation must meet the
qualifications as part of the applications process.
A. No owner, employee, pawnbroker or any person connected with a pawnshop for which a license or
permit is sought shall have been convicted of a crime involving "moral turpitude" or shall have been

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(Supp. No. 50, 10-21)

Page 3 of 11
convicted of any crime involving felony theft, burglary, robbery or a violation of the "Family Violence
Act."
B. No license shall be granted to an applicant who is under the age of eighteen (18) years of age;
C. All persons filing an application for a pawnshop license will be required to complete a waiver in order
for the applicant's criminal history to be obtained.
D. No license shall be granted where the applicant has had any pawnshop license issued by any county,
municipality or other governmental subdivision suspended or revoked.
E. No license shall be granted for a location that is not in compliance with any federal, state or local
regulation including, but not limited to, a state certificate of occupancy, a City of Stockbridge certificate
of occupancy.
F. No license shall be issued where the applicant has supplied false information in a license application or
where any required fee has not been paid by such applicant, including any fees or assessments owed to
other departments of the City of Stockbridge.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.080 Annual permit.
Before operating a pawnshop or becoming an employee of a pawnshop, any person must first file an
application with the municipal/county police department for a permit to operate or be employed in the pawnshop,
pursuant to the following:
A. The application shall be made on an annual basis;
B. No permit shall be issued until a fee in an amount established by action of the city council, a copy of
which is on file in the office of the city clerk, is paid to the city;
C. The application shall state the physical address of the pawnshop;
D. The application shall contain the full name, street address, mailing address, phone number, facsimile
number, e-mail address, Social Security number and date of birth of any employee, owner, or
pawnbroker.
E. The chief of police or any other office of the city/county designated by the city council shall investigate
each applicant for such license and shall report to the city council whether such applicant is a person of
good character and has not been convicted of a criminal offense as indicated in this chapter.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.090 Application.
A. All applications required in Sec. 9.16.080, Annual permit, shall be in writing and on forms provided by the
municipal/county police department.
B. All applications shall be completed by the applicant and sworn to and signed by the applicant in the presence
of a notary public or other office authorized to administer oaths.
C. All applicants shall furnish all data, information and records requested of them, and failure to furnish such
data, information and records within thirty (30) days from the date of such request shall automatically serve
as grounds to deny the application. An applicant, by filing an application, agrees to produce for questioning
any person(s) who are considered relevant to the ascertainment of facts relative to such license, as may be

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(Supp. No. 50, 10-21)

Page 4 of 11
requested by the city council, the municipal/county police department, or other official designated by the
city council. Failure to produce such persons within thirty (30) days after being requested to do so may result
in denial of the application.
D. No pawnshop shall be operated at the same location or in the same premises with the sale, dealing in,
exchange, or handling of other than new goods, ware or merchandise. No license for the sale, dealing in,
exchange or handling of other than new goods, wares, or merchandise shall be issued for a location licensed
as a pawnshop.
E. Each applicant shall certify on the application that they have read this chapter and, if the license is granted,
each licensee shall maintain a copy of this chapter on the premises.
F. Once an application, accompanying documents, and the required investigative and license fees are filed with
the municipal/county police department, the police department shall conduct a criminal investigation of the
applicant and prepare a written criminal investigation report detailing all information relating to
fingerprinting, criminal history, arrest data, and other matters pertinent to law enforcement. Upon
completion of the criminal investigation report, the municipal/county police department shall assemble the
tendered application forms and accompanying documents relating to investigation and processing of the
application and deliver such documents to the city administrator/city clerk. If the criminal investigation
report shows that the applicant meets the requirements set by this chapter and all other requirements of
this chapter are satisfied then the city administrator/city clerk shall schedule the application for hearing at
the next regularly scheduled public hearing calendar before the city council and shall so inform the applicant
of this fact before such meeting. If the criminal investigation report shows that the applicant fails to meet the
requirements set by this chapter, or if the applicant fails to meet all other requirements outlined by this
chapter, then the city administrator/city clerk shall inform the applicant, in writing, that the application has
been denied, and shall set forth in reasonable detail the reasons for the denial and shall notify the applicant
of his right to appeal. Such appeal shall be before the city council in accordance with Section 9.16.190,
Appeal procedure, of this chapter. If an applicant desires to appeal a denial, the applicant must file a written
request for an appeal with the city administrator/city clerk within ten (10) business days of the date of the
written notice informing the applicant of the denial of this license.
G. Any application that the city administrator/city clerk determines to satisfy all the requirements outlined in
this chapter, including character requirements as contained in the criminal investigation report of the
municipal/county police department, shall be scheduled for review at the net regularly scheduled public
meeting of the city council. At that meeting, the applicant and any person opposed to such application has
the right to present to the city council any information that the city council determines is relevant to the
licensing decision. In making its determination on whether to approve or deny the application, the city
council shall look to the qualifications set forth in this chapter and consider the public interest and welfare of
the citizens of the city. The city council shall have the discretion to grant or deny the application based on the
information presented. A decision by the city council shall be made within thirty (30) days from the date of
the public hearing, unless the decision is postponed for purposes of obtaining additional information
deemed necessary for consideration of the application. Notice of the decision by the city council shall be
mailed to the applicant. If the application is denied, such written notification shall set forth in reasonable
detail the reasons for the denial and shall notify the applicant of his right to appeal. Such appeal shall be
taken solely in accord with Section 9.16.190, Appeal procedure, of this chapter.
H. In all instances in which an application is denied, the applicant may not reapply for the same type of license
for at least one year from the date of denial.
I. Upon the issuance of a license, the licenses must have and continuously maintain in the city a registered
agent upon whom any process, notice or demand required or permitted by law or under this chapter may be
served. This person must be an individual and must be a resident of the city. The license shall submit the
name of such agent, along with the written consent of such agent, to the city administrator/city clerk. The
identity of the agent may also be submitted contemporaneous to filing the license application.

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J. Upon approval by the city council of the application for a license, the city administrator/city clerk shall issue a
license in accordance with the approved application. If the applicant is an individual, the license shall be
issued in the name of the individual. If the applicant is a corporation, the license shall be issued in the name
of the corporation and in the name of the majority stockholder or a principal officer of the corporation. If the
applicant is a partnership, the license shall be issued in the name of the partnership and in the name of one
of the partners. All licenses issued shall be granted for the full calendar year or for the number of months
remaining in the calendar year. Any applicant granted a license before July 1 shall pay the full license fee
without proration. License fees for licenses granted on or after July 1 shall be one-half the annual license fee.
License fees are not refundable once the license is granted by the city.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.100 Commencement and forfeiture.
A. All holders of licenses under this chapter must, within six months after the issuance of the license, open for
business the establishment referred to in the license, unless such period is extended by the city
administrator/city clerk. Failure to open the licensed establishment as referred to in this subsection within
the six-month period shall serve as an automatic forfeiture and cancellation of the license, and no refund of
license fees shall be made to the license holder.
B. Any holders of a license under this chapter who shall begin the operation of the business as authorized in the
license, but who shall for a period of three consecutive months thereafter cease to operate the business as
authorized in the license, shall automatically forfeit his license, which license shall, by virtue of such failure to
operate, be canceled without the necessity for any further action by the city administrator/city clerk or the
city council.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.110 Renewals and transfers.
A. Any license holder subject to this chapter shall, apply for renewal of any existing license and shall pay the
annual license fee no later than February 15th of each calendar year in which it does business.
B. No license granted for a pawnshop shall be transferable except on application to the municipal/county police
department in the same form and manner, and subject to the same requirements with respect to the
transferee as are applicable in an original application. Any such license may be transferred only to another
applicant doing the same business at the same place as the license holder to whom the license was originally
issued. When permission for transfer has been granted, the original licensee or transferee shall cause the
license to be delivered to the city administrator/city clerk, who shall record such transfer, and the transferee
shall pay a fee therefore as a condition precedent to engaging in operations under the license. The fee for
such transfer shall be established from time-to-time by the city council.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.120 Disposal of articles.
Any pawnbroker or employee of a pawnshop who makes a loan on pledged goods, or buys pledged goods on
the condition that the seller may repurchase said goods, shall hold said goods for at least thirty (30) days before
disposing of them by sale, transfer, shipment or otherwise. Non-pledged goods bought under this section shall be
held for at least seven (7) calendar days before disposing of them by sale, transfer, shipment or otherwise.
(Ord. No. 12-282, § 1, 8-13-2012)

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9.16.130 Minors.
It shall be unlawful for any pawnbroker or employee of a pawnshop to receive goods in pawn, trade,
purchase or sale from a person under eighteen (18) years of age.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.140 Hours of operation.
All holders of licenses under this division shall operate only during the hours of 8:00 a.m. and 9:00 p.m.,
Monday through Saturday.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.150 Lost or stolen items.
A. It shall be the duty of every person operating or employed by a pawnbroker's license or permit, to report to
the chief of police or his duly authorized agent any article or goods sold or pawned to him if he shall have a
reason to believe that the article or goods was stolen or lost when presented by seller or customer.
B. With respect to any items which would normally have a serial number or other means of identification, if any
pawnbroker or employee of a pawnshop becomes aware that such items have had the identification
removed, defaced or destroyed, such fact shall be immediately reported to the chief of police or his duly
authorized agents.
C. If it is determined that an item bought, sold, traded or pawned by a seller or customer to the pawnbroker or
his employee is the subject of any reported theft, then the surrender of said item to the chief of police or his
duly authorized agent shall be done upon demand.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.160 Suspension and revocation of license.
Immediate suspension, revocation, or forfeiture of an issued license by the city council shall occur only after
notice and opportunity for a hearing before the city council consistent with the procedures set forth in Section
9.16.190, Appeal procedure, and only upon the following occurrences:
A. Any license issued under this chapter for the operation of a pawnshop shall be immediately revoked in
the case of bankruptcy, receivership or levy of legal process upon the licensed outlet or property
therein.
B. Except as provided in Section 9.16.110, Renewals and transfers, any change in the ownership of an
entity owning a licensed outlet shall be grounds for the city council to revoke any license issued under
this chapter.
C. A license shall be immediately suspended or revoked by the city council upon learning that a licensee
furnished fraudulent or untruthful information in the application for a license, or omits information
required in the application for a license, or fails to pay all fees, taxes, or other charges imposed under
the provisions of this chapter.
D. The city council shall immediately suspend or revoke the license of any licensee who does not meet the
qualifications set forth in this chapter at any time such information becomes known to the city council.

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(Ord. No. 12-282, § 1, 8-13-2012)

9.16.170 Record of transactions. Records and Documentation; Identification; Digital Images,
Submission of Reports, Fingerprints and Photographs; Reporting.
A. Every pawnbroker shall maintain a permanent electronic record of its pawn transactions in which an
accurate description of all property pledged, traded or sold to the pawnshop can be transmitted to the
municipal/county police department via an electronic automated reporting system. Each of these
transactions shall contain an accurate description of all property pledged, traded or sold to the pawnshop
and shall be made at the time of each transaction. This description shall include, to the extent possible, the
name of the maker of the article, any identifying mark and/or number and a statement of the kind of
material of which it is made. In these records there shall be entered also the full name, address, telephone
number, race, sex, height, weight, driver's license or ID number, and date of birth of the person by whom the
article was deposited or sold, and the time when it was done. In addition to the aforesaid, provided that the
following information is shall be included:
1. The date and time of the purchase, pawn, or sale of the property.
2. The full name, street address, and telephone number of the customer making the pledge, trade, or
sale.
3. A description of the customer in terms of sex, race, date of birth, height and weight, as well as the
driver's license number of the customer or some other identification card which contains a photograph
of the customer.
A description of the person selling or pawning, including their name, address, date of birth, race, sex,
weight and height, and the distinctive number from each pawn customer’s drivers license or other
government-issued identification containing a photo of the customer.
4. A description of the pledge or purchased property by serial, model, or other number, if available, and
by any identifying marks (e.g.. brand name, color, style, etc.).
A full description of property pledged, traded, pawned, exchanged, or sold, including kind,
manufacturer, model, serial number, style, material, color, design; kind and number of stones in
jewelry, caliber and finish of firearms, and any other identifying names, marks and numbers.
5. The number of the receipt or pawn transaction issued for the property pawned or bought.
6. The price paid or the amount loaned.
7. The maturity date of the transaction, if a pawn.
8. A photograph of the customer and the item pawned or bought which will be taken with the electronic
automated reporting system at the time of the transaction.
9. The signature of the customer.
10. The fingerprint of the right hand index finger of the customer, unless such finger is missing, in which
even the print of the next finger in existence on the right hand of the person pawning the articles shall
be obtained with the notation as to the exact finger printed.
11. A well-focused, properly exposed color photograph or photographs with a digital camera or web
camera, of the items being pledged, traded, or sold, including serial numbers or identifying marks.
12. A well-focused, properly exposed digital photograph or scanned image of any bill of sale, receipt or
other document tending to show the seller's ownership of the items purchased by the dealer, if any
such documents exist.

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B. Every pawnshop shall enter each transaction as it occurs into the electronic reporting system or may elect to
upload electronically via the internet a batch file of all transactions for each business day to the
administrator of the electronic automated reporting system immediately at the conclusion of each business
day. The administrator of the electronic automated reporting system will electronically transmit all
transactions to the municipal/county police department.
C. Every pawnshop shall enter each transaction as it occurs into the electronic automated reporting system via
the internet to the administrator of the electronic automated reporting system. The administrator of the
electronic automated reporting system will electronically transmit all transactions to the police department.
D. In the event that the electronic automated reporting system becomes temporarily or permanently disabled,
pawnshops and pawnbrokers will be notified as soon as possible. In this event, the pawnbrokers will be
required to make records of transactions in paper form. Such paper forms must include all information as
enumerated in paragraph A. of this Code section. Pawnbrokers shall maintain a three-day supply of these
paper forms.
In the event the electronic automated reporting system becomes temporarily or permanently disabled,
pawnshops and pawnbrokers will be notified as soon as possible by the police department. Pawnshops that
incur electronic system failures or other events that would cause partial or complete loss of electronic
reporting should notify the police department forthwith with the reason of the failure. In this event, the
pawnbrokers will be required to make records of transactions in paper forms prescribed by the police
department. Such paper forms must include all information as enumerated in Section (b) above.
Pawnbrokers shall be responsible for maintaining an adequate inventory of these forms. A digital camera will
be used to collect the required pictures and transferred to a USB for submittal. On a daily basis, all
transactions not reported in electronic automated reporting system, will be delivered to the police
department by the pawnshop before noon on the following business day for every day until the event has
been corrected.
E. Any duly authorized law enforcement officer may, during the ordinary hours of business or any other
reasonable time, inspect any pawnbroker's electronic records at the pawnbroker's place of business to
ensure compliance with this section.
F. The pawnbroker shall assign a pawnshop transaction number documenting each transaction, and ensure
each item received is tagged with the pawnshop transaction number. Transaction numbers must be
consecutive with no skipped numbers.
G. The tag bearing the pawnshop transaction number must remain attached to the item until the property is
disposed of by sale, trade, or other lawful means. This paragraph does not apply to the purchase of property
from licensed wholesale or distributor businesses for the purpose of retail sales; however the pawnbroker
shall be required to maintain all purchasing records for property exempted from this paragraph
H. The pawnbroker shall require all persons pledging, trading, pawning, exchanging, or selling property to show
proper identification prior to conducting a pawnshop transaction. Proper identification is defined as a
government-issued photo identification card such as a driver's license, military identification card, passport,
or other similar document approved by the Chief of Police.
I. The pawnbroker shall photograph with a digital camera or web camera, the pawn customer along with a
pawnbroker’s ticket showing a transaction number. The pawnbroker shall also photograph the pawned
merchandise, including any serial numbers or identifying marks. The pawnbroker shall obtain a fingerprint of
the pawn customer’s right index finger provided it has not been amputated; if so, a print of the next
adjoining finger shall be acceptable. Digital images shall be labeled and stored in such a manner that they are
safe from corruption, readily identifiable, and readily available for review
J. The pawnbroker shall store the above records, digital images, and fingerprints for a period of four years and
make them available to law enforcement personnel upon request.

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K. Insufficient reports, photographs, and fingerprints shall be rejected, and any pawnbroker making them shall
be deemed guilty of an offences.
L. The municipal / county police department has the authority to place property that is the subject of police
investigation on “police hold.” In that event, the municipal / county police department shall notify the
pawnbroker of the need for a police hold and identify all property subject to the police hold. The
pawnbroker shall physically check to ensure the subject property is in the pawnshop and has not been
redeemed, sold, transferred, melted down, or otherwise disposed of. When the pawnbroker has confirmed
to the police department that the property is in the shop, it shall be the responsibility of the pawnbroker to
maintain the subject property until such time as the property is released from police hold status or the
property is confiscated as evidence.
M. The chief of police or his designee shall select and designate the required automated reporting system.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.180 Violations.
A. It shall be unlawful for any pawnbroker or employee of a pawnshop to violate any of the provisions of this
chapter, whether or not such person or employee is the holder of a current valid permit issued according to
the terms of this chapter. Further, any person failing to comply with any provision of this chapter or other
rules, ordinances and regulations as may be passed by the city council for conduct of the business of a
pawnbroker, shall upon conviction, have the license to conduct business revoked.
B. It shall be unlawful for any pawnbroker or employee of a pawnshop to:
1. Make any false statement in an application for any permit provided for in this chapter.
2. Make any false entry in any record book, ledger or form required by the terms of this chapter.
3. Violate any criminal law of this state while acting in the course of business as a pawnbroker or
employee of a pawnbroker.
C. Persons who violate this chapter shall be guilty of a misdemeanor.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.190 Appeal procedure.
A. Upon receipt of a timely appeal of an administrative denial, or upon alleged violation of those items in
Section 9.16.160, Suspension and revocation of license, the city administrator/city clerk shall schedule a
hearing before the city council and provide written notice to the adverse party of the time, place and date of
the scheduled hearing. The city administrator/city clerk shall also state in the written notice the basis for the
denial or potential suspension or revocation. After notice of hearing, matters scheduled for hearing may only
be continued by agreement of the city attorney and the adverse party and/or counsel for the adverse party.
B. The city council shall have the duty of conducting hearings concerning the denial, revocation, or suspension
of a license. The standard of proof on all issues in the hearing shall be a preponderance of the evidence and a
determination will be made on the basis of the evidence presented at the hearing.
C. At the hearing, after presentation of the case against the adverse party, the adverse party will have an
opportunity to present his case, to rebut the allegations made against him, and present whatever defenses
he has. The adverse party shall have the right to be represented by an attorney, at the expense of the
adverse party, and to present evidence and cross-examine opposing witnesses. An opportunity for rebuttal
shall be provided.

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D. At the conclusion of the hearing, the findings and conclusions of the city council shall be forwarded to the
city administrator/city clerk, and it shall be the duty of the city administrator/city clerk to provide written
notification via certified mail to the adverse party of the decision of the city council.
E. The decision of the city council shall be final unless appealed to the Superior Court of Henry County within
thirty (30) days of receipt of the city administrator/city clerk's written notification to the adverse party of the
city council's decision.
(Ord. No. 12-282, § 1, 8-13-2012)

9.16.200 License limitation.
A. The city shall issue a maximum of three (3) licenses for pawnbrokers. No additional licenses shall be issued
unless the population of the City of Stockbridge reaches twenty thousand (20,000) residents, at which time
one (1) additional license may be permitted for each five thousand (5,000) residents of the city over the
twenty thousand (20,000) initial threshold. No application for a license to do business as a pawnbroker shall
be considered or approved or a license issued where the total number of pawnbroker licenses issued and in
effect at the time of such application numbers at least one for each five thousand (5,000) residents according
to the latest officially and finally published annual population estimates by the U.S. Census Bureau. In making
this computation, fractions of each five thousand (5,000) residents shall not be considered. For purposes of
this section, non-conforming pawnbrokers and pawn shops shall be included for purposes of calculating the
number of outstanding licenses.
B. Whenever it shall be recognized by the city treasurer that the release of population projections by the U.S.
Census Bureau results in the availability of one (1) or more additional licenses, and it is determined by the
city treasurer that one (1) or more additional licenses are available, the city shall publish a notice, one (1)
time, advising the public of such, and that applications will be received for a period of forty-five (45) days
subsequent to the publication.
C. If, during this period, applications are received which exceed the number of newly available licenses, there
shall be held a lottery, administered by the city treasurer, to determine the order in which applications shall
be processed. Thereafter, the applications shall be processed in the order reflected in the results of the
lottery. Once the proceeding of applications has resulted in the issuance of licenses up to the limit contained
in this chapter, the remaining applications shall be returned to the applicants, unprocessed.
D. If no applications are received during the forty-five-day period after publication, applications shall thereafter
be processed in the order in which they may thereafter be received.
(Ord. No. 12-282, § 1, 8-13-2012; Ord. No. OR 13-305, § 1, 4-8-2013)

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Page 11 of 11
11.04.010 Disorderly conduct.
It is unlawful and disorderly conduct for any person to:
A. Act in a violent or tumultuous manner toward another, whereby any person is placed in danger of
or in fear of his safety, life, limb or health;
B. Act in a violent or tumultuous manner toward another, whereby public property or property of
another person is placed in danger of being destroyed or damaged;
C. Endanger or interfere with the lawful pursuits of another by acts of violence or threats of bodily
harm;
D. Cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb,
health or property of another or public property;
E. Assemble or congregate with another or others and cause, provoke or engage in any fight or brawl;
F. Carry any item with the intention either to threaten, intimidate, or provoke the apprehension of
violence, or with the disregard for the rights and safety of others. Nothing in this subsection shall
be interpreted to prohibit the carrying of a firearm or weapon as described in O.C.G.A. 16-11-173.
G. Collect in bodies or in crowds and engage in unlawful activities;
H. Assemble or congregate with another or others and engage or attempt to engage in unlawful
gaming;
I. Frequent any public place and obtain money from another by an illegal and fraudulent scheme,
trick, artifice or device or attempt to do so;
J. Assemble with another or others and engages in any fraudulent scheme, device or trick to obtain
or attempts to obtain any valuable thing in any place or from any person;
K. Frequent any place or vehicle where gaming or the illegal sale or possession of alcoholic beverages
or narcotics or dangerous drugs is practiced, allowed or tolerated;
L. Direct "fighting words" towards another, that is, words which by their very nature tend to incite an
immediate breach of the peace;
M. Assemble or congregate with another or others and do bodily harm to another or damage property
of another or public property;
N. Congregate with another or others in or on any public way so as to halt the flow of vehicular or
pedestrian traffic and refuse to clear such public way when ordered to do so by a peace officer or
other person having authority;
O. Damage, befoul or disturb public property or the property of another so as to create a hazardous,
unhealthy or physically offensive condition;
P. Appear in an intoxicated condition in any public place or within the curtilage of any private
residence not his own other than by invitation of the owner or lawful occupant, which condition is
made manifest by boisterousness, indecent condition or act, vulgar, profane, loud or unbecoming
language, unconsciousness, disorientation or the inability to care for his or her own needs or
recognize obvious dangers;
Q. By and in any manner, creates loud noises which disrupt, disturb, or otherwise interfere with the
peace and tranquility of the public;
R. Attempt to hinder, delay, obstruct or prevent any law enforcement officer from performing his or
her duty; which includes the giving of a false name, address, or date of birth to a law enforcement
officer in the lawful discharge of his or her official duties with the intent of misleading the officer as

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Page 1 of 2
to his or her identity or date of birth;
S. Keep, rent or let any house, hall or room, within the corporate limits of the city, for the
congregating of disorderly, noisy or riotous persons, or where disorderly, riotous or noisy persons
assemble to the disturbance of the neighborhood or some part thereof.
T. Appear in a public place or in view of the public wearing outer clothing garments such as pants,
shorts, or a skirt more than three (3) inches below the hips (crest of the ilium) the effect of which
exposes the skin, undergarments, or underwear. For the purpose of this subsection, the term
"underwear" shall include any article of clothing garments worn under the outer garments and
next to the skin. At the discretion of the officer or person designated to enforce city ordinances,
any person violating this subsection may be warned to pull up their outer garments, and if they
comply, said warning shall be the only penalty for violation of this subsection.
A. Act in a violent or tumultuous manner toward another, whereby a reasonable person would be placed
in fear of safety for life or limb;
B. Place the property of another in serious danger of being destroyed or damaged;
C. Use fighting words directed toward another, who becomes outraged and thus creates a turmoil;
D. Violently interfere with another's pursuit of a lawful occupation; or
E. Congregate with others to halt the flow of vehicular or pedestrian traffic and refuse to clear the way
when ordered by lawful authority to do so.
(Amended during 1991 codification: Code 1971, Sec. 13-2)

(Ord. No. 11-260, § 1, 9-12-11)

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11.04.100 Weapons—Discharge prohibited—Exception.
It is unlawful for any person to shoot any gun, pistol or firearm of any kind, or any air gun, or pellet gun,
paintball gun, or any other weapon designed to fire any projectile at a high rate of speed, including slingshots,
within the city, except for peace officers in the discharge of their duties, and the military at a funeral in honor of
the dead, those with permits for Turkey Shoots, licensed firing ranges, in defense of person or property, and
theatrical productions using blanks.
(Amended during 1991 codification: Code 1971, Sec. 13-2)

, or pellet gun,

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Page 1 of 1
11.04.140 Defecating or urinating on public property or in certain areas.
It shall be unlawful for any person to defecate or urinate on or adjacent to any street or sidewalk, or in the halls,
elevators, stairways, or any other area designated for public passage within any public or commercial buildings, or
on any property open to public view.

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Page 1 of 1
11.04.150- Monetary solicitation

1. "Monetary solicitation" defined:
a. "Monetary solicitation" or to "monetarily solicit" is an act or action performed by an individual that
meets the following three criteria:
i. Is an in-person request of another individual, either orally or by gesture; and
ii. The request is for an immediate distribution of money or anything of monetary value; and
iii. The request occurs on public property, including, without limitation, city streets, sidewalks,
transit stations or platforms, and parks.
b. "Monetary solicitation" and "monetarily solicit" shall not include:
i. Requests for signatures on a petition or other document; or
ii. Distribution of written material that requests individuals to send contributions by mail or
make donations in some other manner at a later time; or
iii. Distribution of pre-addressed envelopes along with a verbal plea to contribute money,
provided that no request for an immediate contribution is made; or
iv. Sale of literature or other merchandise or food where payment occurs at a separate time
and location, including through mail order; or
v. Public vending lawfully permitted in accordance with city ordinance or state law.

2. Monetary solicitation in certain areas.
a. It shall be unlawful for any person to monetarily solicit in any of the following places:
i. Within 15 feet of the entrance to or exit from any public toilet facility, which includes any
temporary use site (port-a-toilet);
ii. Within 15 feet of an automated teller machine (ATM), provided that when an ATM is located
within an ATM facility, such distance shall be measured from the entrance or exit of the ATM
facility;
iii. Within 15 feet of any parking lot pay box, on-street parking pay station or kiosk;
iv. Within 15 feet of any pay telephone, provided that when a pay telephone is located within a
telephone booth or other facility, such distance shall be measured from the entrance or exit
of the telephone booth or facility;
v. In any public transportation vehicle; in or on any bus, rail, subway or Streetcar platform or
station or taxi stand, including without limitation entryways, exits, queuing areas and pay
stations connected therewith; within 15 feet of any bus, rail, subway or Streetcar platform or
outdoor station or taxi stand; and within 15 feet of the entrance or exit of a station located
in an enclosed building;
vi. Within 15 feet of the entrance or exit of a building, whether publicly or privately owned,
including without limitation any residence, business, event venue or athletic facility. Nothing
in this subsection (6) shall prohibit monetary solicitation within 15 feet of any other portion
of a building other than its exit(s) and entrance(s);
vii. Within 15 feet of or within a line for entry to any building, whether the building is publicly or
privately owned, including without limitation any residence, business, event venue or
athletic facility;
viii. In a parking lot or garage owned or operated by the City of Stockbridge, including entryways
or exits and pay stations connected therewith;

3. Aggressive monetary solicitation.
a. It shall be unlawful for any person to monetarily solicit in any of the following manners:
i. Blocking the path or passage of the person solicited;
ii. Not allowing the person solicited to leave the presence of the solicitor, by following
immediately behind or walking alongside the person solicited;
iii. Using profane or abusive language, either during the solicitation or following refusal;

Page 1 of 2
iv. Continuing to monetarily solicit a person after that person has refused the solicitation
verbally or by gesture;
v. Continuing to monetarily solicit a person located in or on a motor vehicle after that person
has refused the solicitation verbally or by gesture;
vi. Making any statement, gesture, or other communication which a reasonable person in the
situation of the person solicited would perceive to be a threat that is intended to compel or
force the person solicited to accede to the demands of the solicitor; and/or
vii. Touching the person solicited.

4. Penalties.
a. Upon conviction under the section above, the violator may be sentenced to one or more of the
following: the performance of up to 30 days community service; a monetary fine not to exceed
$1,000.00; and/or imprisonment not to exceed 180 days.
b. Upon the first conviction under the section above, the violator may be sentenced to one or more of
the following: the performance of up to 30 days community service; a monetary fine not to exceed
$1,000.00; and/or imprisonment not to exceed 180 days.
c. Upon the second conviction under the section above, the violator may be sentenced to one or more
of the following: the performance of up to 30 days community service; a monetary fine not to exceed
$1,000.00; and/or imprisonment not to exceed 180 days, provided that the sentence must include a
minimum of 30 days imprisonment.
d. Upon the third and future convictions under section 106-85(c) above, the violator may be sentenced
to one or more of the following: the performance of up to 30 days community service; a monetary
fine not to exceed $1,000.00; and/or imprisonment not to exceed 180 days, provided that the
sentence must include a minimum of 90 days imprisonment.

Page 2 of 2
11-04-160- False representation to police or any city department

It shall be unlawful for any person, knowingly and willfully and with intent thereby to mislead, either in such
person's own behalf or in behalf of others, as principal or as agent, to make or file orally or in writing any false
representations of fact to any police officer of the city or to any department of the city government.

Page 1 of 1
11.06.010 Administration of state offenses in municipal courts.
The city elects to exercise jurisdiction over any and all of those state offenses for which a grant of jurisdiction has
been provided by general state law now or in the future, unless such grant of jurisdiction is waived for certain
offenses by the adoption of one or more separate ordinances by the mayor and council. The court clerk shall keep
the mayor and council informed of any new grants of jurisdiction by the Georgia General Assembly by notifying the
city manager. In the exercise of that jurisdiction, officers writing tickets returnable to the municipal court, shall
delineate the nature of the offense charged by name and Georgia Code number on the citation and summons. All
persons convicted of state violations prosecuted under this section shall be punished as provided for by the
applicable state law.
Offenses to be cited and brought before the municipal court for final adjudication include:
A. Possession of one ounce or less of marijuana, pursuant to O.C.G.A. §§ 16-13-30 and 16-13-2.
B. Operating a motor vehicle without effective insurance, pursuant to O.C.G.A. § 40-6-10.
C. Misdemeanor theft by shoplifting pursuant to O.C.G.A. § 16-8-14.
D. Furnishing alcoholic beverages to and possession and purchase of alcoholic beverages by persons under
21 years of age, pursuant to O.C.G.A. §§ 3-3-23 and 3-3-23.1.
E. Criminal trespass, pursuant to O.C.G.A. § 16-7-21.
F. Transactions in drug-related objects pursuant to O.C.G.A. § 16- 13-32.

(Ord. 98-23 § 1, 1998; Ord. 94-2 § 1, 1994)

(Ord. No. 14-345, § 8, 5-12-2014)

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11.20.030- Loitering for illegal sexual purposes

1. It shall be unlawful for any person to loiter, while a pedestrian or in a motor vehicle, in or near any
thoroughfare or place open to the public, parking lots of hotels and motels, in a manner and under
circumstances manifesting the purpose of inducing, enticing, soliciting, or procuring another to commit an act
of prostitution, sodomy, masturbation for hire or pandering. Among the circumstances which may be
considered in determining whether this purpose is manifested are: that person is a known prostitute, pimp,
sodomist, masturbator for hire or panderer and repeatedly beckons to, stops or attempts to stop, or engages
passersby in conversation, or repeatedly stops, or attempts to stop motor vehicle operators by hailing, or
waving of arms or any bodily gesture for the purpose of inducing, enticing, soliciting or procuring another to
commit an act of prostitution, sodomy, masturbation for hire or pandering. No arrest shall be made for a
violation of this subsection unless the arresting officer first affords that person the opportunity to explain his
conduct.

For the purpose of this subsection, a "known prostitute, pimp, sodomist, panderer or masturbator for hire" is
a person who, previous to the date of arrest for violation of this section, had been convicted of a violation of a
sexual related law of any city or law of any state defining and punishing acts of soliciting, committing or
offering or agreeing to commit prostitution, sodomy, masturbation for hire or pandering.

For the purpose of this subsection, "any person" shall also include panderers or solicitors of sexual acts,
commonly referred to as "johns" or "trick.," who loiter in a manner and under circumstances manifesting the
purpose of participating in, procuring, purchasing or soliciting any sexual act for hire made illegal by state law.
Among the circumstances which may be considered in determining whether this purpose is manifested are:
that person, while a pedestrian or in a motor vehicle, repeatedly beckons to, attempts to stop, engages or
attempts to engage in conversation with any person by hailing, waving arms or any bodily gesture for the
purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution, sodomy,
masturbation for hire or pandering.

State Law reference— Authority of city to adopt ordinances proscribing loitering and related acts for purposes of
procuring others to engage in sexual acts for hire, O.C.G.A., § 16-6-24.

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11.24.030- Urban Camping

1. Definitions
The following words, terms and phrases, when used in this section shall have the meanings ascribed to them
in this subsection, except where the context clearly indicates a different meaning:
"Bridge" means a structure, including the approaches thereto, erected in order to afford passage over any
obstruction in any public road, railroad, or other right-of-way; or to afford passage under or over existing
public roads, railroads, or other rights-of-way. As used in this section the definition of "Bridge" shall include a
controlled access highway overpass as defined herein.
"Camp" or "camping" means the use of a street, sidewalk, other right-of-way, and/or any area underneath a
bridge, within the City of Stockbridge for living accommodation purposes such as sleeping activities, or making
preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal
belongings, or making a fire, or carrying on cooking activities, or using a tent or other structure for habitation.
These activities constitute camping if, in light of all the circumstances, it reasonably appears that in conducting
one or more of these activities, the participant is in fact using the area as a living accommodation, regardless
of the intent of the participant or the nature of any other activities in which s/he may also be engaging. For
purposes of this section 106-12(a), the terms "camp" and "camping" do not include activity that occurs solely
within city-owned parks.
"City" means the City of Stockbridge.
"Controlled access highway overpass" means a crossing of two controlled access highways or of a controlled
access highway and other public road, pedestrian path, railroad or public right-of-way at different levels where
clearance to traffic on the lower level is obtained by elevating the higher level.
"Interference (or "interfere") with ingress and egress" means standing, sitting, lying down, using personal
property, or performing any other activity on public property and/or in a park, where such activity: a)
materially interferes with the ingress into and egress from buildings, driveways, streets, alleys, or any other
real property that has a limited number of entrances/exits, regardless of whether the property is owned by
the city, a private owner or another public entity; b) reasonably appears, in light of all of the circumstances, to
have the purpose of blocking ingress and egress; and c) occurs without the express written permission of the
owner of the property at issue. Where written permission has been granted, the individuals interfering with
ingress and egress must have possession of the permission at the time of the activity in question.
"Park" or "parks" means any city-owned park.
"Public property" means any street, sidewalk, and/or other right-of-way, within the City of Stockbridge.
"Storing (or "store") personal property" means leaving one's personal effects unattended on public property,
in any area underneath a bridge, and/or in a park, such as but not limited to clothing, bedrolls, cookware,
sleeping bags, luggage, knapsacks, or backpacks. This term does not include parking a bicycle or other mode of
transportation.

2. Specific prohibitions
It shall be unlawful for any person to camp, store personal property or interfere with ingress and egress.
No person may be arrested for violating this code section until s/he has received an oral or written warning
from the Stockbridge Police Department to cease the prohibited conduct. If the violator fails to comply with
the warning issued, s/he may be arrested for violation of this section.

Page 1 of 2
Where personal property is stored in violation of this subsection, the Stockbridge Police Department may
deem the property to be abandoned and may confiscate it. No warning is required prior to the confiscation.
The department shall retain the property in a manner consistent with the handling of other confiscated
property.
The prohibitions set forth in this subsection shall not apply during a permitted outdoor event on property
where the outdoor event is located, as set forth in a city-issued outdoor event permit, unless the permit
explicitly prohibits the activity.
The prohibitions set forth in this section shall not apply to city, state, or county officials or employees acting in
their official capacity, performing the activities as part of their official city duties.
The prohibitions set forth in this section shall not apply to city, state, or county contractors or subcontractors
where said activities are associated and performed in conjunction with the scope of work set forth in the city
contract.

Page 2 of 2
Title 11 - OFFENSES
Chapter 11.26 NOISE NUISANCES

Chapter 11.26 NOISE NUISANCES

11.26.010 Name, policy and purpose.
A. Name. This chapter shall be informally known as the Stockbridge Noise Ordinance.
B. Policy and Purpose. The provisions contained in this chapter are enacted for the purpose of preventing noise
disturbances or unreasonable noise. Above certain levels, unreasonable noise or noise disturbance is
detrimental to the health and welfare of the citizenry and the individual's right to peaceful and quiet
enjoyment. Therefore, it is hereby declared to be the policy of the city to prohibit noise disturbances or
unreasonable noise from all sources, subject to its police power in order to secure and promote the public
health, comfort, convenience, safety, welfare, and prosperity of the citizens of Stockbridge. Nothing in this
chapter is intended to deter individuals from lawfully exercising the individual right to freedom of speech or
any other freedom guaranteed under the Constitutions of the United States of America or of the State of
Georgia.
(Ord. 02-38 § 1, 2002)

(Ord. No. 21-489 , § 1(Exh. A), 8-31-2021)

11.26.020 Definitions.
Unless the context indicates otherwise, the meaning of the terms used in this chapter is as set forth in this
section.
"Ambient sound level" means the total sound pressure level in the area of interest excluding the noise
source of interest (see, also, "background sound level," this section).
"A-weighted sound level (or) A-band level (dBA)" means the sound pressure level in decibels as measured on
a sound level meter using the A-weighted network. The level so read is designated "dBA."
"Background sound level" means the total sound pressure level in the area of interest excluding the noise
source of interest (see also, "ambient sound level," this section).
"Band pressure level" means, for a specified band, the sound pressure level for the sound contained within
the restricted band. The reference pressure shall be specified.
"City" means the City of Stockbridge, Georgia.
"Cycle" means the complete sequence of values of a periodic quantity which occurs during a period.
"Commercial area" means a group of commercial facilities and the abutting public right-of-way and public
spaces.
"Commercial facility" means any premises, property or facility involving traffic in goods or furnishing of
services for sale or profit, including but not limited to:
1. Banking and other financial institutions;
2. Dining establishments;
3. Establishments for providing retail or wholesale services;

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4. Establishments for recreation and entertainment;
5. Office buildings;
6. Transportation; and
7. Warehouses.
"Construction" means any site, preparation, assembly, erection, substantial repair, alteration or similar
action but excluding demolition, for or of public or private right-of-way, structures, utilities or similar property.
"C-weighting" means the electronic filtering in sound level meters that models a flat response (output equals
input) over the range of maximum human hearing frequency sensitivity.
"Daytime" means that period of time covering the hours of seven (7:00) a.m. (0700) to eleven (11:00) p.m.
(2300).
"dBA" means an A-weighted unit of sound level.
"dBC" means a C-weighted unit of sound level.
"Decibel" (db) means a unit for measuring the volume of a sound, equal to twenty (20) times the logarithm
to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty
(20) micropascals (twenty (20) micronewtons per square meter).
"Emergency" means any occurrence or set of circumstances involving actual or imminent physical trauma or
property damage which demands immediate action.
"Emergency work" means work made necessary to restore property to a safe condition following a public
calamity or work required to protect persons or property from an imminent exposure to danger.
"Equivalent sound level (Leq)" means the non-varying sound level that would contain the equivalent amount
of energy as a varying sound level. Note that Leq can be weighted or unweighted and can be integrated over
durations ranging from less than a second to many hours. The notation should indicate weighting used and
duration, e.g., eighty-five (85) dBC Leq (six min.) is a C-weighted eighty-five (85) decibel equivalent sound level,
integrated over a six-minute period.
"Frequency" means a function periodic in time, the reciprocal of the primitive period. The unit is the cycle
per unit time and shall be specified.
"Impulsive sound" means any sound of short duration, usually less than one (1) second, with an abrupt onset
and rapid decay, e.g., explosions, blasting and discharge of firearms.
"Industrial facility" means any activity and its related premises, property, facilities, or equipment involving
the fabrication, manufacture, or production of durable or nondurable goods.
"Land use categories" means, for the purpose of this article the land use categories shown on Table 1 as
"residential," "commercial" and "industrial" shall have their ordinary and customary meaning provided further that
the residential classifications shall include the following classifications from the city zoning ordinance: RA, R-1, R-2,
R-3, RD, RM, RMH, and PD (for all residential uses). The commercial classifications shall include the following
classifications from the city zoning ordinance: C-1, C-2, C-3, M-1, M-2, and OI (for all commercial uses). The
industrial classifications shall include the following classifications from the city zoning ordinance: M1 and M2 (for
all industrial uses).
"Maximum sound level (Lmax)" means the maximum root mean square sound level measured or not to be
exceeded by time varying sounds.
"Microbar" means a unit of pressure commonly used in acoustics, and which is equal to one dyne per square
centimeter.

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"Motor vehicles" means all self-propelled vehicles as defined in the Georgia Motor Vehicle Code, specifically
including but not limited to mini-bikes, recreational vehicles, trail bikes and go-carts.
"Muffler" means a sound-dissipative device or system for lessening the sound of the exhaust of an internal
combustion engine.
"Nighttime" means that period of time cover[ing] the hours from eleven (11:00) p.m. (2300) to seven (7:00)
a.m. (0700).
"Noise" means any sound of such level and duration as to be or tend to be injurious to human health or
welfare, or which would unreasonably interfere with the enjoyment of life or property throughout the city or in
any portions thereof, but excludes all aspects of the employer employee relationship concerning health and safety
hazard within the confines of a place of employment.
"Noise disturbance" means any sound that:
1. Endangers the safety or health of any person;
2. Disturbs a reasonable person of normal sensitivities; or
3. Endangers personal or real property.
"Peak sound level (Lpk)" means the absolute positive or negative value (not the root mean square value) of
the sound energy in a discrete event typically of very short duration.
"Period" means, with reference to a periodic quantity, the smallest increment of time for which the function
repeats itself.
"Periodic quantity" means an oscillating quantity, the values of which recur for equal increments of time.
"Person" means any individual, corporation, company, association, society, firm partnership, joint stock
company, the municipality any political subdivision, agency or instrumentality of the municipality.
"Public right-of-way" means any street, avenue, boulevard, road, highway, sidewalk, or alley that is leased,
owned, or controlled by a governmental entity.
"Public space" means any real property or structures thereon that is owned, leased, or controlled by a
governmental entity.
"Pure tone" means a sound dominated by energy in single frequency.
"Real property boundary" means an imaginary line along the ground surface, and its vertical extension,
which separates the real property owned by one (1) person from that owned by another, but not including intra-
building real property divisions.
"Receiving land use category" means that parcel of real property onto which noise travels or is received from
any source on another parcel or real property.
"Residential area" means a group of residential properties and the abutting public rights-of-way and public
spaces.
"Residential property" means property used for human habitation, including but not limited to:
1. Private property used for human habitation;
2. Commercial living accommodations and commercial property used for human habitation;
3. Recreational and entertainment property used for human habitation; and
4. Community service property used for human habitation.

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"Sound" means an oscillation in pressure, particle displacement, particle velocity or other physical
parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The
description of sound may include any characteristics of such sound, including, but not limited to duration, intensity
and frequency.
"Sound analyzer" means a device for measuring the bandpressure level or pressure spectrum level of a
sound as a function of frequency.
"Sound level meter" (SLM) means an instrument, including a microphone, an amplifier, an output meter, and
frequency weighing networks, for the measurement of noise and sound levels in a specified manner.
"Sound pressure level" means, in decibels of a sound, twenty (20) times the logarithm to the base ten (10) of
the ratio of the pressure of this sound to the reference pressure, which reference pressure shall be explicitly
stated.
"Spectrum" means a function of time, a description of its resolution into components, each of a different
frequency.
"Time period" means the hours denoted herein as eleven (11:00) p.m. to seven (7:00) a.m., shall be deemed
to refer to nighttime hours commencing at eleven (11:00) p.m. of one day and ending at seven (7:00) a.m. of the
following day.
"Tonal sound" means a sound dominated by energy in a narrow band of frequencies.
In addition, all definitions contained in applicable publications of the American National Standards Institute
(ANSI) (si.1-175 Acoustical Terminology) or its successor body, are incorporated by reference.
(Ord. 02-38 § 2, 2002)

(Ord. No. 21-489 , § 1(Exh. A), 8-31-2021)

11.26.030 Sound measurement procedures and maximum permissible sound levels.
A. Sound Measurement Procedures.
1. Insofar as practicable, sound will be measured while the source under investigation is operating at
normal, routine conditions and, as necessary, at other conditions, including but not limited to, design,
maximum, and fluctuating rates. All noise measurements shall be made at or within the property line
of the impacted site, unless otherwise directed in this chapter. When instrumentation cannot be
placed at or within the property line, the measurement shall be made as close thereto as is reasonable.
However, noise measurements shall not be made at a distance of less than twenty-five (25) feet from
the edge of a noise source.
2. All tests shall be conducted in accordance with the following procedures:
a. The city shall, to the extent practicable, identify all sources contributing sound to the point of
measurement.
b. Measurements shall be taken at or within the property line of the affected person(s), including
the city.
c. The SLM must be calibrated using a calibrator recommended by the SLM manufacturer before
and after each series of readings and at least once each hour.
d. The SLM must be recertified and the calibrator must be recalibrated at least once each year by
the manufacturer or by a person that has been approved by the NCA. A copy of written

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documentation of such recertification and recalibration, in a form approved by the NCA, shall be
kept with the equipment to which it refers.
e. No outdoor measurements shall be taken:
(1) During periods when wind speeds (including gusts) exceed fifteen (15) mph;
(2) Without a windscreen, recommended by the SLM manufacturer, properly attached to the
SLM;
(3) Under any condition that allows the SLM to become wet; or
(4) When the ambient temperature is out of the range of the tolerance of the SLM.
3. The report for each measurement session shall include:
a. The date, day of the week, and times at which measurements are taken;
b. The times of calibration;
c. The weather conditions;
d. The identification of all monitoring equipment by manufacturer, model number, and serial
number;
e. The normal operating cycle of the sources in question with a description of the sources;
f. The ambient sound level, in dBA, with the sources in question operating;
g. The background sound level, in dBA, without the sources in question operating; and
h. A sketch of the measurement site, including measurement locations and relevant distances,
containing sufficient information for another investigator to repeat the measurements under
similar conditions.
4. Prior to taking noise measurements, a city official or his designee shall explore the vicinity of the source
in question to identify any other sound sources that could affect measurements, to establish the
approximate location and character of the principal sound source, and to select suitable locations from
which to measure the sound from the source in question.
5. When measuring continuous sound, or sound that is sustained for more than one (1) second at a time,
the SLM shall be set for A-weighting, slow meter response speed, and the range (if the SLM is designed
to read levels over different ranges of SPLs) shall be set to that range in which the meter reads closest
to the maximum end of the scale. When the measured sound level is variable or fluctuating over a
range greater than ± three (3) dBA, using the slow meter response speed, the fast meter response
speed shall be used. In either case, both the minimum and maximum readings shall be recorded to
indicate the range of monitored values.
6. The SLM shall be placed at a minimum height of three (3) feet above the ground or from any reflective
surface. When handheld, the microphone shall be held at arm's length and pointed at the source at the
angle recommended by the SLM manufacturer.
7. If extraneous sound sources, such as aircraft flyovers or barking dogs, that are unrelated to the
measurements increase the monitored sound levels, the measurements should be postponed until
these extraneous sounds have become of such a level as not to increase the monitored sound levels of
interest.
8. The monitoring session should last for a period of time sufficient to ensure that the sound levels
measured are typical of the source in question, but in no event shall the duration of testing be less than
five (5) minutes.

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9. The background sound levels shall be subtracted from the measured sound levels of the source of
interest by using Table 1 to determine the sound levels from the source of interest alone. If the
ambient sound level is less than three (3) dBA higher than the background sound level, the source level
cannot be derived and a violation of the article cannot be substantiated.
Table 1: Correction for background levels
(In dBA)
Difference between ambient and background sound Correction factor to be subtracted from ambient level for
levels source level
3 3
4, 5 2
6—9 1
10 or more 0

B. Maximum Permissible Sound Levels.
1. It shall be unlawful, except as expressly permitted herein, to make, cause or allow the making of any
noise or sound which violates the provisions of this chapter.
2. No person shall operate or cause to be operated any source of sound from any location in such a
manner as to create a sound level which exceeds the limits set forth in Table 2 for the receiving land
use category (zoning classification) as measured at any point along the real property boundary
separating the real property from which the sound emanates from the receiving land use category.
3. Sound level measurement shall be made with a sound level meter using the A-weighting scale in
accordance with the standards promulgated by the American National Standards Institute (ANSI) for a
Type 2 or better sound level instrument and with the measurement period being the minimum of thirty
(30) minutes continuous duration.
4. Impulsive sounds as defined in this chapter shall be permitted provided such impulsive sounds do not
create a sound level which exceeds the limits set forth in Table 2 for the receiving land use category as
measured at the real property boundary when measured at or beyond the property boundary of the
land use category from which the sound emanates.
5. If the sound source in question is a pure tone then the sound level limitations set forth here in Table 2
shall be reduced by five (5) db.
MAXIMUM PERMISSIBLE SOUND
LEVELS Leq dB (A)
Averaged over six (6) minutes
TABLE 2

Receiving Property Daytime (7:01 a.m.—11:00 Nighttime (11:01 p.m.—7:00
p.m.) a.m.)
Zoning Classification Residential55 50
(RA, R-1, R-2, R-3, RD, RM,
RMH, PD, PTD)
Commercial (C-1, C-2, and C-3) 70 65
Industrial (O-I, M-1, and M-2) 75 70

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At no time shall noise levels be produced that exceed sixty-five (65) dB(C) Leq (one (1) second) at a
residential receiving property line.
(Ord. 02-38 § 3, 2002)

(Ord. No. 21-489 , § 1(Exh. A), 8-31-2021)

11.26.040 Specific prohibitions.
A. It shall be unlawful for any person to make, continue to make or cause to be made, within the city, any loud,
unnecessary or unusual sound or noise which either unreasonably annoys, disturbs, injures, or unreasonably
endangers the comfort, repose, health, peace, or safety of others, and which is audible to a person of
reasonably normal hearing ability more than fifty (50) feet from the point of origin of such sound or noise. The
general prohibition in this subsection includes the use of consumer fireworks that create loud and
unreasonable noise, except during the following dates and times: after the time of 10:00 a.m. and up to and
including the time of 11:59 p.m. on January 1, the last Saturday and Sunday in May, July 3, July 4, the first
Monday in September, and December 31 of each year; and beginning at the time of 12:00 midnight and up to
and including the ending time of 1:00 a.m. on January 1 of each year.
Specific Prohibitions.
B. In addition to the general prohibitions set out above, the following specific acts, without limitation, are
declared to be loud, disturbing, or unnecessary sounds or noises in violation of this chapter:
1. Horns, Signaling Devices. The sounding of any horn or signaling device on any motor vehicle or any street or
public place in the city continuously and/or incessantly for a period in excess of sixty (60) seconds, except as
a danger warning.
2. Radios, Televisions, Loudspeakers, Musical Instruments, and Similar Amplified Devices. The operating and
playing of any horn, player piano, radio, phonograph, computer, MP3, compact disc, computer disk, or audio
tape player, musical instrument, loudspeaker, or similar device or attachment which produces or reproduces
sound on the public right-of-way in such a manner as to be plainly audible to any person other than the
operator of the device, except by permit issued by the city pursuant to Section 11.26.050(B). Provided,
however, that sound amplification to a level of sixty-five (65) decibels at a hundred (100) feet from the
source of the sound without a permit shall be allowed for a limited period of time not to exceed two (2)
hours.
3. Animals. The owning, possessing or harboring of any animal which frequently, or far continued duration
howls, barks, meows, squawks or makes other sounds which annoy or disturb an ordinary reasonable person
of normal sensitivities across a residential or commercial boundary line or within a noise-sensitive area. For
the purpose of this chapter, "barking dog" shall mean a dog that barks, bays, cries, howls, or makes any other
noise continuously and/or incessantly for a period of fifteen (15) minutes, or barks intermittently for one-half
(½) hour or more to the disturbance of any person at any time of the day or night, regardless of whether the
dog is physically situated in or upon private property; provided, however, that a dog shall not be deemed a
"barking dog" if, at the time the dog is barking making any other noise, a person is trespassing or threatening
to trespass upon property in or upon which the dog is situated.
1. Horns, signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle, or
other vehicle on any street or other place in the city, except as a danger warning. The creation of any
unreasonably loud or harsh sound by means of any such signaling device and the sounding of any such device
for any unnecessary and unreasonable period of time.
2. Radios, phonographs, stereos, tape players, compact disc players, other handheld music players, or similar
devices. The using, operating, or permitting to be played, used, or operated of any machine or device for the
producing or reproducing of sound within the city in such manner as to unreasonably disturb the peace,

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quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is reasonably
necessary for convenient hearing for the person who is in the room, vehicle, or chamber in which such
machine or device is operated and who is a voluntary listener thereto. The operation of any such set,
instrument, phonograph, machine, or device between the hours of 11:00 p.m. and 7:00 a.m. in such a
manner as to be plainly audible to a person with reasonably normal hearing at a distance of fifty (50) feet
from the room, building, structure, or vehicle in which it is located shall be prima facie evidence of a violation
of this section.
3. Loudspeakers, amplifiers for advertising or attention. The using, operating, or permitting to be played, used
or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or
other machine or device within the city for the producing or reproducing of sound which is cast upon the
public streets for the purpose of commercial advertising or otherwise attracting the attention of the public
for any purpose to any building or structure.
4. Yelling, shouting, etc. Yelling, shouting, hooting, or whistling on the public streets, between the hours of
10:00 p.m. and 7:00 a.m. or at any time or place so as to unreasonably annoy or disturb the quiet, comfort,
or repose of persons in any office, dwelling, hotel, or other type of residence, courtroom, or city council
chambers.
5. Animals, birds. The keeping of any animal or bird within the city which, by causing frequent or long continued
sound or noise, shall unreasonably disturb the comfort or repose of any persons.
6. Exhausts. The discharge within the city into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motor vehicle, or motorboat except through a muffler or other [device] which
effectively prevents unreasonably loud or explosive noises therefrom.
7. Defect in vehicle or load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in
such manner as to create unreasonably loud and unnecessary grating, grinding, rattling or other noise.
8. Loading, unloading, opening boxes. The creation of any unreasonably loud and excessive noise within the
city in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes,
crates, and containers, between the hours of 10:00 p.m. and 7:00 a.m.
9. Construction or repair of buildings. The erection (including excavating), demolition, alteration, or repair of
any building within the city located on a lot zoned for residential use or used for residential use between the
following hours: a. Eastern Standard Time: Monday through Saturday 6:00 p.m. to 7:00 a.m. Sunday 7:00
p.m. to 10:00 a.m. b. Eastern daylight Savings Time: Monday through Saturday 8:30 p.m. to 7:00 a.m.
Sunday 7:00 p.m. to 10:00 a.m.
10. Schools, courts, churches, hospitals. The creation of any excessive and unreasonable noise on any street
adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any
hospital, which reasonably interferes with the working of such institution, or which disturbs or unduly
annoys patients in the hospital; provided that conspicuous signs are displayed in such streets indicating that
school, hospital, church, or court is nearby and the hours of operation. Noise caused by school events in
conjunction with sports activities, public performances and related activities shall not be deemed excessive
and unreasonable noise during the event.
11. Hawkers, peddlers, vendors. The shouting and crying of peddlers, hawkers, or vendors within the city which
unreasonably disturbs the peace and quiet of the neighborhood.
12. Noises to attract attention. The use of any drum or other instrument or device within the city for the purpose
of attracting attention to any performance, show or sale by creation of the noise.
13. Pile drivers, hammers, similar equipment. The operation within the city between the hours or 10:00 p.m.
and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other
appliance, the use of which is attended by unreasonably loud sounds or noises.
14. Blowers. The operation within the city of any noise-creating blower, vacuum, or power fan between the

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hours of 10:00 p.m. and 7:00 a.m., the operation of which causes unreasonable sounds or noises.
15. Sound trucks. The use within the city of mechanical loudspeakers or amplifiers on trucks or other moving or
standing vehicles for advertising or other commercial purposes or when used at such an unreasonably loud
volume so as to unreasonably disturb persons in their residences, offices, schools, hospitals, churches, or
courts; or for noncommercial purposes when used between the hours of 10:00 p.m. and 7:00 a.m.
16. Alarms and Emergency Warning Systems.
a. Except in a case of an emergency, the intentional sounding of any alarm between the hours of nine
(9:00) p.m. and eight (8:00) a.m.
b. The testing of any alarm for a period in excess of sixty (60) seconds at any time.
c. The testing of a complete emergency warning system, including the signaling device and the personnel
response to the signaling device, more than once in each calendar month, and the sounding of said
emergency warning system for a period in excess of fifteen (15) minutes.
C. Temporary Permit Procedures and Requirements.
1. Sound Amplification Devices.
a. General. Except as otherwise provided for in this chapter, no person shall use or operate, or
cause to be used or operated, any sound amplification device in any location within the city
where the sounds therefrom may be heard in any public place or public street without first
having obtained a permit from the city. For purposes of this chapter, "sound amplification
device" shall mean means the speaker or mechanism from which amplified sound emanates.
b. Separate Permits. A separate permit and fee shall not be required for each sound amplification
device but shall be required for each day during which a sound amplification device is used;
provided, however, where authorized by this chapter, a single permit may be issued which will
extend for the two-hour period between 12:01 a.m. and two (2:00) a.m. of the subsequent day.
This restriction shall not apply where the permit is requested to use or operate a sound
amplification device in a park or in connection with an activity for which the city council has
approved a street closure.
c. Frequency of Permit Issuance. No permit may be issued for the use or operation of a sound
amplification device if a sound amplification permit had been obtained for the same tract of land
or address within the previous thirty (30) days; provided, however, this restriction shall not apply
to parks or in connection with an activity for which the city council has approved a street closure.
d. Application Procedure. Each person desiring to use or operate a sound amplification device shall
make an application in writing to the city clerk on form(s) provided by the city, requesting a
permit for such use or operation. The form of such application shall be prescribed by the city
clerk and shall include the name, address and telephone number of the applicant; the address or
location upon which the applicant proposes to use or operate a sound amplification device; the
hours during which the applicant proposes to use or operate such device; and a statement by
which the applicant accepts and assumes responsibility for ensuring compliance with all terms
and conditions of any permit issued to the applicant.
e. Permit Based on Certain Conditions. The city clerk shall, upon receipt of such application and
after payment of the required application fee, issue the applicant a sound amplification permit in
accordance with the conditions established in this chapter:
(1) No permit shall be issued for the use or operation of a sound amplification device at any
location within one hundred (100) feet of any property having a residential zoning
designation; provided, this restriction shall not apply to public parks or a street closure
approved by the city council;

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(2) No permit shall be issued for the use or operation of a sound amplification device located
for within three hundred (300) feet of a school, church or hospital; provided, however, this
prohibition shall not apply if approval in writing is obtained by the applicant from the
affected school, church or hospital, and included with the application;
(3) A permit for the use of a sound amplification device on a vehicle traveling the public streets
or rights-of-way will be granted conditioned upon the use of such device between the
hours of ten (10:00) a.m. and seven (7:00) p.m. only on Monday through Saturday, and
between the hours of twelve (12:00) noon and six (6:00) p.m. on Sunday. Notwithstanding
any other provision of this chapter, written permission of a church, school or hospital shall
not be required as a condition for the issuance of a permit for the amplification of sound
from a moving vehicle;
(4) If the sound amplification device is to be used or operated within a park, any permit shall
be conditioned upon the use or operation of such device between the hours of ten (10:00)
a.m. and eleven (11:00) p.m., except as provided hereinafter:
(A) If approval for use of the park beyond the established curfew has been
obtained from the city, and the sound amplification device is to be used or
operated on a permanently constructed bandstand, or within or about a
building utilized for dances, performances, parties or similar activities, any
permit shall be conditioned upon the use or operation of such device between
the hours of ten (10:00) a.m. and two (2:00) a.m.;
(B) If approval for use of the park beyond the established curfew has been
obtained from the city, and the amplified sound device is more than six
hundred (600) feet from any property having a residential zoning designation,
any permit shall be conditioned upon the use or operation of the sound
amplification device between the hours of ten (10:00) a.m. and two (2:00) a.m.;
(C) In addition to the preceding time restrictions, no amplification device shall be
used or operated within a park to produce a sound in excess of eighty-five (85)
dB between ten (10:00) a.m. and eleven (11:00) p.m.; and eighty (80) dB
between eleven (11:00) p.m. and two (2:00) a.m., as measured one hundred
(100) feet in front of the device or at the boundary of such park in front of the
device, whichever distance is lesser.
(5) If the tract of land or location upon which the applicant proposes to use or operate the
sound amplification device is beyond one hundred (100) feet but within six hundred (600)
feet of any property having a residential zoning designation, any permit will be conditioned
upon such use or operation between the hours of ten (10:00) a.m. and eight (8:00) a.m. on
Sunday through Thursday, and between the hours of ten (10:00) a.m. and eleven (11:00)
p.m. on Friday and Saturday.
(6) If the tract of land or location upon which the applicant proposes to use or operate the
sound amplification device is beyond six hundred (600) feet of any property having a
residential zoning designation, any permit will be conditioned upon such use or operation
between the hours of ten (10:00) a.m. and two (2:00) a.m.
f. Copy for Permittee. A copy of any original permit shall be provided to the applicant.
g. Exemptions.
(1) The permit requirement contained in this section shall not apply to a person using a device
for the amplification of sound at a permanent business location or at a stadium or ballpark,

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or at a church where such device is used for the amplification of clarions. Such persons
shall be governed by the provisions of this section generally.
(2) The permit requirement shall also not apply to officers and employees of the city, the
county, the state, the United States of America or any official governmental entity when
such amplification of sound is being used by such officer or employee while engaged in his
official duty.
h. Fee. Applicants for permits shall pay a fee of twenty-five dollars ($25.00) to cover expenses
resulting from the processing of the application for a temporary permit.
i. No temporary permit shall be approved unless the applicant presents adequate proof that:
(1) Noise levels occurring during the period of the temporary permit will not constitute a
danger to public health; and
(2) Compliance with the chapter would impose an unreasonable hardship on the applicant
without equal or greater benefits to the public.
j. In making the determination of granting a temporary permit, the city shall consider the following
factors:
(1) The character and degree of injury to, or interference with, the health and welfare or the
reasonable use of property that is caused or threatened to be caused;
(2) The social and economic value of the activity for which the temporary variance is sought;
and
(3) The ability of the applicant to apply the best practical noise control measures.
k. The temporary permit may be revoked by the city if the terms of the temporary permit are
violated.
l. A temporary permit may be revoked by the city if there is:
(1) Violation of one (1) or more conditions of the temporary permit;
(2) Material misrepresentation of fact in the temporary permit application; or
(3) Material change in any of the circumstances relied on by the city in granting the temporary
permit.
(Ord. 02-38 § 4, 2002)

(Ord. No. 21-489 , § 1(Exh. A), 8-31-2021)

11.26.050 Exemptions.
The following are exempt from the sound level limits of Table 2, set forth at the end of Section 11.26.030:
1. Domestic power tools, chain saws, lawn mowers, blowers, agricultural equipment and other domestic
power-operated equipment when operated with a properly functioning muffler meeting
manufacturer's standards, between the hours of seven (7:00) a.m. and eleven (11:00) p.m. on
weekdays, and between the hours of eight (8:00) a.m. and nine (9:00) p.m. on Sundays.
2. Noises resulting from any authorized emergency vehicles when responding to an emergency.

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3. Noises made by persons having obtained a parade, concert or construction permit from the city, except
to the extent provided for elsewhere in Chapter 11.26, the permit conditions, or provisions of the city
code regulating parades, concerts, or construction.
4. Any noise resulting from activities of a temporary duration, for which a special permit has been
granted pursuant to this chapter, and which conforms to the conditions and limits stated thereon.
5. Aircraft-related noises associated with aircraft while in flight and while under the jurisdiction of the
Federal Aviation Administration or the Department of Defense.
6. Railroad-related noises associated with trains while operating and while under the jurisdiction of
applicable federal or state entities.
7. This will not apply to the operations of existing mining operations within the city.
(Ord. 02-38 § 5, 2002)

(Ord. No. 21-489 , § 1(Exh. A), 8-31-2021)

11.26.060 Motor vehicles.
A. Maximum Sound Levels. No person shall operate a motor vehicle or motorcycle at any time on a public or
private road in such a manner as to exceed the sound level limits for the category of motor vehicle shown in
Table 3, which appears at the end of this section. The sound level shall be measured at a distance of at least
fifty (50) feet from the centerline of the path of the vehicle being monitored and at a height of at least four
(4) feet above the immediately surrounding surface. This section shall apply to the total noise from a vehicle.
B. Adequate Mufflers or Sound-Dissipative Devices.
1. No person shall operate or cause to be operated any motor vehicle or motorcycle on a public or private
road which is not equipped with a muffler in proper working order and in constant operation.
2. No person shall remove or render inoperative or cause to be removed or rendered inoperative any
muffler or sound-dissipative device on a motor vehicle or motorcycle other than for purposes of
maintenance, repair or replacement.
3. The provisions of the subsections of this section apply to moving motor vehicles. Those motor vehicles
operating in a stationary position or condition are governed by the provisions of Section 11.26.030 and
the levels specified in Table 2.
APPLICABLE NOISE LIMITS
TABLE 3
No person shall operate a motor vehicle or combination of vehicles of a type subject to registration by the
motor vehicle laws of the State of Georgia at any time or under any conditions of grade, load, acceleration or
deceleration in such a manner as to exceed the following noise limits for the category of motor vehicle within the
speed limits specified below:
Sound Level in Decibels
A-scale (dBA)
Motor Vehicle Category 35 mph or less More than 35 mph
Motor vehicles with a weight rating of 86 90
6,000 pounds or more
Any motorcycle or other than motor- 82 86
driven cycle

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All other motor vehicles and any 72 76
combination of vehicles towed by
such vehicle

(Ord. 02-38 § 6, 2002; Ord. No. 21-489 , § 1(Exh. A), 8-31-2021)

11.26.070 Special temporary permits.
A. Any person desiring temporary relief from any provisions of this chapter may apply for a special permit to
cause or create a noise at sound levels which would otherwise be in violation of this chapter. Applications for
a special permit shall be made in writing to the city manager or his designee on forms provided for that
purpose. The city manager or his designee shall conduct an investigation and make a recommendation to the
mayor and city council concerning such permit. In this connection, the city manager or his designee may
require the applicant for the special permit to submit reports and documents showing noise levels
customarily generated by such activity, proposed means for regulating or controlling such sounds, and other
such information and data as may be deemed appropriate by the building official. The fee of twenty-five
dollars ($25.00) shall accompany the application.
B. The special permit provided in this chapter may be granted to the applicant by the mayor and city council for
a period of up to fifteen (15) days following a review of the report and information complied by the building
official and upon a showing of any of the following:
1. Additional time is necessary for the applicant to alter or modify the sound-producing activity in order
to comply with the provisions of this chapter;
2. The activity operation or noise source shall be of a temporary duration, and repetitive and continuous,
and cannot be done in a manner that would comply with the provisions of this chapter; or
3. No reasonable economic or technological alternative, as determined by the mayor and city council in
its sole discretion, is currently available to the applicant.
C. Any permit granted pursuant to this section shall contain thereon all conditions upon which said permit shall
have been granted, including but not limited to the effective date of the permit, the time of day when the
noise-producing activities may be conducted by the applicant, the location in which said activities may be
conducted, the duration of the permit, any sound, level limits imposed by the permit, and any equipment
limitations that may be imposed.
D. Any special permit granted hereunder may be extended upon new application made for additional fifteen
(15) day intervals by the mayor and city council provided good cause is shown.
(Ord. 02-38 § 7, 2002)

(Ord. No. 21-489 , § 1(Exh. A), 8-31-2021)

11.26.080 Enforcement responsibility.
A. Upon receipt of a complaint brought by a citizen or property owner or upon their own motion following
independent investigation of possible infractions of this chapter, the mayor, or his or her authorized
designees, and all city law enforcement personnel, including members of the Henry County Police
Department, shall be authorized to enforce the provisions of this chapter.

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B. The expenses of sound level testing performance by the city in checking the sound levels produced by a
particular land use or activity may, at the discretion of the city, be assessed against the producer of such
sound or against the complaining party if the complaint is found to be wholly frivolous and without merit.
(Ord. 02-38 § 8, 2002)

(Ord. No. 21-489 , § 1(Exh. A), 8-31-2021)

11.26.090 Penalties.
A. Any person violating the terms of this chapter shall be punished in municipal court as provided for in Section
1.04.080.
B. Each day any violation of this chapter shall continue shall constitute a new and separate offense.
C. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of
any provisions of this chapter shall be deemed a public nuisance and may be abated by the city or its
designee as provided by law or ordinance, either summarily by a restraining order or by a court of competent
jurisdiction.
(Ord. 02-38 § 9, 2002)

(Ord. No. 14-345, § 26, 5-12-2014; Ord. No. 21-489 , § 1(Exh. A), 8-31-2021)

11.26.100 Inconsistent provisions.
Insofar as the provisions of this chapter are inconsistent with any other title of the city code, or any other
rule or regulation of the city, then the provisions of this noise control ordinance shall be controlling.
(Ord. 02-38 § 10, 2002)

(Ord. No. 21-489 , § 1(Exh. A), 8-31-2021)

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