---
date: 2003-11-17
title: November 17, 2003 Minutes
source: 2003-11/2003-11-17_November 17, 2003_Minutes.pdf
pages: 1
---

November 17, 2003
CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA NOVEMBER 17, 2003

A Special Meeting of the Stockbridge City Council was held on November 17, 2003 at 6:00 PM and Mayor
R. G. Kelley presided. Members present were Harold Cochran, Fred Evans, W.A.Gardner, Steve Moon
and Fletcher Turner.

Mayor Kelley welcomed guests.

PLANNING AND ZONING

PLANNED TOWN DEVELOPMENT (PTD) ORDINANCE – Mayor Kelley asked Andy Welch, City Attorney
to introduce the PTD Ordinance to the Council.

Andy Welch reminded the Council that a few years ago the Council adopted the PTD Ordinance and what
has transpired is an attempt to comply with the Living Centers Initiative (LCI) requirements and provide a
mixed use development format for developers so that the could put apartments and condominiums over
commercial and part of the LCI plan is to make the City more close knit and provide close access from
where you live to where you work. This also allows for a higher concentration of single family homes,
townhomes and condominiums. This is an amendment to the current PTD Ordinance and it is called a
mixed use neighborhood development.

If you recall back in the summer, the Council looked at a plan that shows how it would lay out if the ordinance
was applied to a piece of property. Steve Moore of Moore-Bass did us the favor of planning and laying it
out so the Council could see what it would look like. You recall there were duplexes in the original plan and
the Council instructed him to eliminate the duplexes from the plans. The duplexes are still in the old plan
but will be eliminated from the new plan. The ordinance has been amended and it has gone through the
planning and zoning process. The Planning Commission and Planning Staff have reviewed the ordinance
and made recommendations and Andy Welch turned the discussion over the Julius Ross, Henry County
Planning Staff to hear their recommendations.

Julius Ross said he understands this ordinance is a fulfillment of the City’s LCI goals. The Planning
Commission recommends approval of the ordinance with recommendations. The first point is that the City
codifies a new mixed use zoning district classification. Right now the City has no such district, yet the uses
define for application within unspecified areas of the Planned Town Development District. The new use
needs to be codified in the new ordinance as a separate use where it may be applied where ever it is useful
in the City, just like any of the other residential classifications or commercial classifications. Second, the
Planning Commission feels that this PTD District plan details the specific needs for an area that is within
the over encompassing policies of the comprehensive plan for the city and it represents a major amendment
to the land use element of the comprehensive plan and the future land use map. Therefore, this ordinance
should have a review by the Atlanta Regional Commission before it is adopted and they sent copies to the
Atlanta Regional Commission; however, they have not received a response from them. The Council’s
packets should include the major plan amendment criteria recommended by the Atlanta Regional
Commission.

Also among the recommendations is to make the mass transit terminals a permitted use rather than a
conditional use which requires coming before the Council. Since Henry County does not have a mass
transit that has a regular route system; any development that would include a mass transit terminal where
such a use is included in the development, the Planning Staff feels it should be a permitted use since the
creation of this particular zoning district, it is designed to accommodate transit facilities. That was part of
the LCI application which makes it possible for transit to be accommodated within a development. Also,
the concept of a mixed use development is where someone can live and work at the same place or have
the accessibility through transit to get to work to reduce traffic congestion and improve air quality. All of
those are part of the goals of the LCI program and to make something that was created for the program
which enhances the goals of the program as a conditional rather than a permitted use seems to be a little
inconsistent.

The Planning Commission also feels that the usable density calculations should remain as they are. That
usable density should be usable density and not unusable acreage. The definition in the subdivision
ordinance requires that we define usable density using no flood hazard areas, detention areas or roads.
This allows for a portion of those to be included in using the density calculations and gives density
adjustments for flood hazard areas, detention areas and roads. The concept of increasing usable density
calculation for unusable acreage especially near detention facilities or flood hazard areas is not good.
There should be an item in the Council’s packet that gives the minimum storm water control measures for
post construction storm water management in new development and redevelopment. This is a regulatory
requirement from the quote of federal regulations that Stockbridge adopted as a part of the storm water
permitting process to reduce the sedimentation that goes into streams and rivers to enhance the quality of
water supply and to increase density near or include as part of the density calculations the flood hazard
area. This works against improvement of water quality that was adopted in the Best Management Practices
for the Storm Water Permit Phase II.

The Planning Staff believes the ordinance will be a little difficult to administer but that is something that
inspectors and people who review the codes will have to get use to if the ordinance is adopted in it’s current
form. The administration and enforcement of the PTD Ordinance could be easily simplified and efficiently
accomplished by creating the mixed use zoning district classification separately in allowing the mixed use
as a conventional use in conventional zoning use classifications of the existing ordinance. The ordinance
has its merits when you have a separate almost like an overlay district which the PTD Ordinance is a floating
overlay district. To be able to define the mixed use separately, a developer could use it in another area
where it might also be appropriate. In conclusion, the Planning Commission recommended approval with
the ten items recommended and the two (2) items that were listed as conditions on the report. Mr. Ross
asked if the Council had and questions.

Mayor Kelley stated that he did not realize that the City would use any flood plain in the density calculations.
Mayor Kelley said he thought that had been taken out of the old ordinance. A. J. Welch responded that it
has been deleted and should be taken out of this ordinance, too. That will be no problem to delete it from
this ordinance. The same language should be used in this ordinance as the RM ordinance for calculations.

Mayor Kelley asked for clarification on the mass transit portion of this ordinance. Andy Welch responded
that the current ordinance allows for it to be a conditional use so that if we had a subdivision development
going in that was going to use this particular type of development, they can ask the Council for permission
to put in mass transit stop. Mr. Ross is suggesting that it should be a use that they can do with or without
Council permission. Mayor Kelley asked why would the Council want to do that. Andy Welch said the
ordinance is being created to implement the goals of the LCI. Mayor Kelley asked again why would the
Council want to give up the authority to tell them where and when they could put a transit stop anywhere in
the City just to say; ”you can use this, it’s yours”. Mayor Kelley said he did not understand their thinking of
wanting to do that.

Julius Ross said that in the ordinance, the Council has several items listed as a permitted use where you
do not have to come before the Council to get permission for it. It is his understanding that the City has the
LCI study done in order to increase the mobility alternatives for the citizens. Mayor Kelley said the City
would not stop the transit from coming to a particular location, the Council wants to know where, when and
who and the Council has the right to review and issue permits for a certain spot in the development
approved by the Council and not give them the authority to put it where they want it. A. J. Welch said the
City will retain the right to decide the location, design and many factors that they require. Legal staff
recommends leaving mass transit as a condition and leave the ordinance where the Council can ultimately
decide this issue and not be a permitted use. Mayor Kelley said he sees the Planning Staff’s point of view
but the City does not want to give up the right to say where mass transit will go. Mr. Ross stated that it is
a permitted use in the Old Downtown District, yet on the maps it does not show any locations for transit
stops were specified in the plan. When you look at a list of uses that are allowed it would seem that since
the LCI was done to increase the mobility alternative that it would be just like you have a place of worship,
dance studio, or some of those types of things. The Department of Transportation will also have to pass
judgment on the plans. Mayor Kelley thanked Mr. Ross for his comments.

Andy Welch said he understands Mr. Ross’s opinion regarding mass transit to have the ultimate ideal world
but the City does not have mass transit and we would be getting ahead of ourselves if we make that a
permitted use in a development that could have as many people as a planned town development can have.
It allows for a large concentration of people just like any large subdivision. At some point it might be
appropriate to have mass transit located near there but that should be determined at some later date.

Andy Welch pointed out that Legal Staff has already sent a copy of the plan early on in the process and
received recommendation from ARC. ARC made recommendation that have been taken into account and
have again sent the revisions to ARC upon Julius’s recommendations. Mr. Welch has received no response
from ARC. The City of Stockbridge has not asked for anything outside the comprehensive plan. The City
has certain density limits that are higher than the County and in drafting the ordinance the limits were kept
below the maximum limits allowed in the comprehensive plan. It was not a requirement but was sent to
ARC as a precaution.

Andy Welch said the other recommendations are helpful and will be kept in mind if the City decides to do
future amendments. There were policy reasons behind the recommendations and that is why they are not
included in this particular ordinance. (See Henry County Planning and Zoning Ordinance Evaluation Report
dated November 17, 2003 for comments and recommendations.)

Councilman Moon asked if the mixed use zoning district is a recommendation for another separate
ordinance and will it create five (5) new ordinances or is that one ordinance and he would like someone to
clarify what is going on. Andy Welch responded that the City currently has a Planned Town Development
Ordinance in place and that ordinance allows for two (2) different types of single family home developments.
What the City did not have in place was an ordinance that will allow for the mix of single family on smaller
lots with multi-family homes. This ordinance will amend the PTD Ordinance to allow for that type of
development. Mr. Ross brought up a good point in that the City needs to look at adopting a mixed use
ordinance that could be applied anywhere in the City and it would not be specifically mixing mixed use and
single family. He is talking about for example, if you had in the old downtown area if you wanted to have
businesses with apartments or condominiums above the businesses, the City does not have an ordinance
for that. This could be applied anywhere in the City. This is more specific and it would require that sixty
(60) percent of the development would be single family homes. The ordinance will require single family
homes that vary in lot sizes and can be reduced to smaller lot sizes but it would require more amenities and
green space. This ordinance will allow for that type of development but would also allow commercial
development with condominiums and townhomes above. The City does not have that flexibility yet and this
ordinance is specifically for the LCI program.

Andy Welch pointed out that the multi-family moratorium will still be in place and this ordinance would have
no effect on that.

A. J. Welch made a recommendation that the Council approve the ordinance as amended at the Council’s
direction to correct the flood plain issue.

Harold Cochran made a motion to approve the ordinance as amended at the Council’s direction to correct
the flood plain issue; Fred Evans seconded, and passed unanimously.
OLD DOWNTOWN DISTRICT ORDINANCE – Andy Welch explained that this ordinance is to regulate
growth and zoning for the old downtown district. This ordinance is consistent with the current uses that are
there and to limit the façades and how the building will look. They should have the same character as any
existing buildings in the old downtown area. It allows for anything from residential to multi-family. This
does not create a new zone but is an overlay over the existing district. These requirements now apply to
the old downtown district. This ordinance will cover the area from West Burke Street to Mann Boulevard
on the north side of Highway 42 all the way to Bryant Street. Then south to College Avenue cross over to
Tye Street to Rock Quarry on the south side of Highway 42. In this area, this overlay ordinance will apply
to the developments within this district. If a developer wants to do an R2 Development, they will have to
refer this is ordinance to make sure they build the building using brick, stone, and glass. It steers away
from using vinyls, products not desirable in the old downtown area. It allows for the traditional uses such
as single family, multi-family, banks, bed-and-breakfast establishments, day care centers, general home
occupations that are customary, libraries, governmental buildings, music, dance and exercise studios,
offices, medical offices, parks, playgrounds, transit shelters (which you may want to move to a conditional
use tonight) Churches, restaurants, etc. The basic things in that area now are what we are trying to
encourage people to put there now and in the future. The only real difference is that at some point the
Council will want to consider whether we will allow the apartments over the commercial. That will be
consistent with the LCI plan but that is something to be considered later on.

The other important aspects are the design standards. For example, the ordinance excludes vinyl and
metal siding except for the eaves and around the windows. The ordinance will allow hardi-plank, wood,
stone, decorative glass, decorative block, architectural concrete, molded surfaces and not just cinder block
buildings that are going up.

The colors will be consistent with the old downtown district, not bright neon colors. To be consistent with
the LCI is trying to put the utilities under ground. Improved streetscapes, benches, street lights, trash
receptacles.

Commercial construction will require a large sidewalk in front of the building to accommodate outside cafés,
etc.

The downtown district will require a considerable amount of landscaping around the area including trees
along the streets.

Store space is limited to 5,000 square feet of commercial space to limit the size of commercial buildings
when they go into the downtown district keeping the sizes more conducive to the neighborhood. For
example, the building sizes that is presently in the area now.

Mayor Kelley stated that if a business wanted to locate in the old downtown area that would be 7,000 square
feet is could be handled through variance.

Mayor Kelley asked why apartments are included in the plans. Andy Welch responded that its more in
keeping with the LCI plan which is to allow people to live close to where they work and apartments over the
commercial establishments allows people who might work in the establishments to live near where they
work. A. J. Welch recommended fee simple townhomes and condominiums over the commercial and leave
the apartments out of the plan. Mayor Kelley recommended the apartments be deleted from the ordinance.
A. J. Welch instructed Andy Welch to change from apartments to fee simple condominiums over the
commercial buildings.

Andy Welch recommended removing depots and transit shelters from the ordinance as discussed earlier.
The City does not have a major bus line that comes through and stops in the old downtown district. This
item should be moved to a conditional uses as opposed to permitted uses so that if and when that happens,
the Council will have some say over where it will be located.
Councilman Evans stated that he would rather see a tall glass high rise building in the old downtown area
than to see more of what is in the area now.

Ted Strickland said we need to get together and get this thing moving and Sizemore would like to meet with
the Council. Mr. Strickland is concerned that the City is spending Federal money designing this area and
will the City be held accountable for these funds if the Council decides to back up and pull out of the LCI
program. If the Council decides to pull out of the program it needs to be done now before we spend a lot
of money that will have to be refunded. Sizemore said they could redesign the plan if the Council is not
satisfied with the design.

Andy Welch said as the City develops the downtown area, things will be adjusted to accommodate the new
look of the downtown. This ordinance is intended to keep the status quo to allow for a little bit of mixed use
in the area when the City is at the point to allow it.

Councilman Moon asked about the sixty (60%) percent brick façades and hardi-plank. He asked what is
sixty (60%) percent brick when you look at a building. If seventy-five (75%) is three sides what is sixty
(60%) percent. Andy Welch responded that it can be increased or decreased as the Council desires. When
you have an office building the worst case scenario is that you have a stand alone building and three sides
are exposed. The back side of the building where deliveries are made and no customers on the back side
of the building, it seems less likely that you would want to put the burden on the building to put full side
brick on the back of the building. Most of the buildings will be adjacent to another building so they will have
a front façade that will have the all side brick.

A. J. Welch said the idea was to give some flexibility where you could build up a certain height and then
you could have the hardi-plank in different areas but you still do the calculation for the sixty (60%) percent.
If the Council wants to go to seventy-five (75%) percent that can be done.

Mayor Kelley said the percentages should be changed because it depends on how the buildings are turned
and the backs could be seen at different angles. A. J. Welch suggested the two (2) sides and back will be
all brick and the front can be more flexible with a fifty (50%) percent decorative mixture of brick, stone, glass
or stucco and leave the hardi-plank of the front of the buildings except for the gables and cornice areas.

Julius Ross stated that he did not see anything in the ordinance in reference to an architectural review
committee. In order to implement the ordinance it requires a careful review of the architectural standards
because the Council is specifying a lot of new regulations. Although it was not sited in Planning Staff’s
report an architectural review committee of some sort should be appointed. This is almost like a historical
overlay district. The Council needs some measure to review beyond the County inspectors in reviewing
these plans. The Council put in a clause that says “subject to the review of the City Manager or appointee”.

Mayor Kelley asked if the City could appoint an Architectural Review Board. A. J. Welch responded that
the way to do it is subject to approval by the Architectural Control Committee that will consist of the City
Manager and anyone else that the Council appoints.

Ted Strickland said one of the problems he has been running into is the City gets a schematic foot print of
new buildings but we never see the building design or façade until the building is already up. Then the
Council wants to know how this building got through. Julius Ross advised that with new construction the
façade of a building is reviewed by Planning and Zoning. Mr. Strickland said the City needs to get those
designs. A. J. Welch stated that this matter needs to be addressed in House Bill 489.

Julius Ross said he would like to encourage the Council to add a mixed use zoning classification and most
cities that experienced a loss of activities during the 70’s and 80’s due to mall development brought back
activity to the downtown district was to enact a mixed use district that brought population that lived
downtown and worked downtown so there would always be people there. In addition, this is described as
an overlay zoning district; however, attached to the ordinance was a plan for the district which was a map
with boundaries and there was no accompanying zoning use classifications for the parcels within the district.
To define this as an overlay district without having well defined zoned areas for all the uses that were in the
district seems that something is missing. Otherwise how can you enforce or carry out the plan for the
district if you don’t have a map that shows the zoning. A. J. Welch responded that Planning and Zoning
has and maintains the zoning map. Mr. Ross said that the existing map the Council is talking about is
overlaying this district with a new plan, a new vision for the old downtown area. Mr. Welch said that if
someone wants to do something on that particular property regardless of how it’s zoned, they will have to
comply with the ordinance. The City is not going in and rezoning everyone’s property. If we did that, we
would have to go through a notice process, etc. What happens is; if a person comes in and wants to
develop a piece of property for commercial purposes, Planning and Zoning will pull out two ordinances.
The first one is the existing zoning and the second is the overlay and they will have to comply with both.
The overlay will take control.

Mr. Ross stated that the suggestion was that a zoning map be created and asked if that map is the existing
current zoning map. A. J. Welch advised Mr. Ross that that was correct.

Andy Welch stated that there are two recommendations in terms of adopting the ordinance with the changes
discussed. There should be a motion to adopt the ordinance with two changes. To change the façade
materials so the rear and sides of the building will be 100% brick and the front will be 50% brick, stone and
stucco except for the cornices and gables and that can be hardi-plank. That was one recommendation for
change and the other was to exclude apartments and allow only fee simple condominiums above
commercial and the other was to allow townhomes.

Councilman Moon asked for a description of hardi-plank. Hardi-plank is a type of siding and the Council
stated they want it omitted from the ordinance as an approved building material.

The Architectural Review Committed to be discussed at a later date.

Steve Moon made a motion to approve the ordinance with changes made by the Council; Fred Evans
seconded, and passed unanimously.

SIGN ODINANCE AMENDMENT: An ordinance for the purpose of amending Title 8, Chapter 8.12 of the
City of Stockbridge, Georgia, Code of Ordinances which provides for Sign Regulations; to amend Section
8.12.140 entitle “Signs Along Interstate Highways” to eliminate the maximum height requirement of such
signs.

Fred Evans made a motion to approve Sign Ordinance Amendment; W. A. Gardner seconded and passed
unanimously.

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

Respectfully submitted,

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