---
date: 1999-09-13
title: September 13, 1999 Minutes
source: 1999-09/1999-09-13_September 13, 1999_Minutes.pdf
pages: 1
---

September 13, 1999
CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA SEPTEMBER 13, 1999

The Regular Meeting of the Stockbridge City Council was held September 13, 1999 at 6:00 PM. Mayor
Kelley presided and members present were Harold Cochran, G. W. Evans, Ronnie Simmons and Fletcher
Turner. W. A. Gardner was not present.

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

Harold Cochran made a motion to approve minutes of August 9, 1999 and August 19, 1999 City Council
Meetings, seconded by G. W. Evans, passed unanimously.

Mayor Kelley welcomed guests.

PLANNING AND ZONING

REZONING

JOHN CHAUHAN OF JONESBORO, GEORGIA requested rezoning from C-2 (general commercial) to C-
3 (heavy commercial) for property located in Land Lot 19 of the 6th District, on the south side of Country
Club Drive, near Corporate Center Drive. The property contains approximate 1.2 acres, and the request is
for a motel.

Ray Pacheco, Henry County Planning and Zoning staff, advised Council that this rezoning came before the
Planning Commission on August 26, 1999 and because it was within the Land Use Plan, staff
recommended approval, but Planning Commission recommended denial. Before the rezoning came before
the City Council, the staff added six (6) conditions and the Planning Commission and the owners were in
agreement with these conditions.

Mr. Chauhan addressed the Council and stated that the purpose for the request to change the zoning from
C-2 to C-3 is to build a fifty (50) to sixty (60) room hotel. It will be an upscale lodging facility. He presented
plans of the facility. The hotel will be an interior corridor property with two (2) meeting rooms and a business
center. The hotel is not an extended stay or a daily rental facility. The exterior will be brick or stucco or as
dictated by the Planning Department. The rooms will have data connections to allow businessmen to work
with laptops as well as use the telephones. The intention is to concentrate on reservation of advance
booking.

The hotel will be Microtel Inn and Suites, which is a nationally recognized and respected franchise business
in the lodging industry. Mocrotel has an excellent nationwide reservation system. The other option would
be to go for an independent hotel, which would not be a wise option since there would be no standards or
national recognition.

The type of clientele they will be attracting will be associated with the LPGA tournament, local hospital and
doctors, local businesses and banks in the area. The facility is not aimed at the day type construction
workers and would not be cost effective. For the City it will generate hotel tax and occupational tax and will
bring additional employment to the area.

The nearest subdivision is one-half mile and should not have a negative effect on the residents. Mr.
Chauhan is a resident of the area and will personally manage the property to make sure it is maintained to
a high level. This is a plan to build a business, not to rezone and sell. They have no objections to the
conditions recommended by the Planning Commission. Therefore, he can see no logical reason for the
Council to deny this request.

The same architectural company who designed Publix Shopping Center has designed the site. They have
designed a building compatible with the area with sufficient parking spaces as required by County and City
codes.

Councilman Simmons confirmed that Mr. Chauhan understands that the Council does not want any weekly
rentals. Mr. Chauhan was affirmative that daily/weekly rental are not the clientele who will be solicited.
They plan to market advanced corporate reservations and tourists type customers. Mr. Simmons pointed
out that another factor that needs to be addressed is tractors and trailers, and the type of vehicle that would
be stored there on a weekly rental basis by contract through local trucking companies. Again, Mr. Chauhan
responded that this is not the type of business they plan to solicit. Mr. Chauhan has no problem with a
condition to prohibit a contractual agreement with a company to house their drivers and tractors. Parking
spaces will accommodate only standard passenger vehicles. The architect will take into consideration all
of the conditions placed on them by the Planning Commission. A. J. Welch, City Attorney noted that the
Council could recommend a condition to zoning that the design not allow tractors, trailers or buses.

Dean Bendall, President, Villages at Eagle’s Landing Homeowner Association, represented the residents
of their neighborhood in the matter of rezoning classification of 195 Country Club Drive. As a community,
they oppose the heavy commercial district zoning for several reasons. Initially, the Zoning Department
denied the request because it did not meet the Land Use Plan which as residents have paid to have the
plan drawn. No other heavy commercial district is in the close proximity as shown on the map presented
to the Council. It was pointed out by Ray Pacheco that Eagle’s Landing Inn and Amerihost Inn were rezoned
C-3 prior to construction. Mr. Bendall stated that their largest concern is that most of the property in the
area is zoned C-2. There will be C-3 zoning in the middle of all the C-2 property.

Mr. Bendall presented a topographical map and pointed out that the Chauhan’s will have considerable
difficulties building on the lot. Obviously, this will be an expense and possibly requests for variances. Once
the Council has passed this, the residents cannot come for each and every variance. They are not opposed
so much to the motel but to the rezoning. Once zoning has been changed to C-3, the types of businesses
allowed include all sorts of businesses. Such as, automobile and truck sales, boats, commercial dog
kennels, farmers market seed and feed store, heavy equipment sales and service, major automotive repair,
mini-warehouse, mobile home sales, outdoor drive-in theatre, used car and truck sales lots, and other heavy
commercial and service activities, primarily of industrial and manufacturing nature.

Mr. Bendall pointed out that if the building becomes too costly, with a C-3 zoning, any of the C-3 businesses
could be located on this site. Of, if they open the motel, the economy goes bad, they close the motel, then
what can go in there? This is their concern as homeowners and the Council’s consideration as Councilmen.
Once the property has been rezoned for heavy commercial, the door has been opened to rezone adjacent
properties. On page 1031, under A Purpose, this district is to provide distinct areas for commercial activities
which provides products and services that require locations along arterial roads, highways or intersections
and freeways due to the need to transport and display heavy materials, generate heavy traffic which
provides services that would not be located in neighborhood or general commercial retail and service
activities as provided under C-1 and C-2. The classification itself is not setup for businesses classified and
C-1 and C-2. When one falls, the lot next door wants the same classification. Will the Council be able to
deny the next person that request C-3 zoning? If the Council allows the C-3 zoning this time, it would make
it more difficult to deny the next request.

Mr. Bendall stated that they appreciate the limitations that the Chauhan’s have agreed to already.
Unfortunately, the limitations we don’t think about or address going in is surely going to be problems in the
future. If this business does not go the way planned and they are not making a profit, they will change and
do what it takes to make a profit, which may mean tractor-trailers of something worse.
A. J.Welch stated that if the Council approves the C-3 zoning for only one use and specifically requires that
all other permitted uses or conditional uses are exempt from the use of that property. They would be limited
to one specific purpose, what they have announced today. If there is a motion to vote on that particular
issue, it would be one of the conditions that are placed on the zoning. If the building is already constructed,
in the future, whoever takes title of the property takes it with the zoning that is in effect at the time they take
title. It does not mean they cannot come back and request a change in their zoning. All it means is that if
the Council approves the zoning with only one use authorized under the C-3 zoning, that the only purpose
it can be put to until the Council authorizes something else. They cannot ask for a C-3 zoning for the sole
of purpose of building a motel and then change to an auto repair center. The cannot change the zoning or
the use of the property without making an application, going to Planning and Zoning and coming back to
the Mayor and City Council. The property would have to be posted and advertised.

Ray Pacheco stated that if the property is rezoned to C-3 and then the property is resold and a request
comes to Planning and Zoning for mini-warehouses, it cannot be approved for any use but a motel.

Mrs. Chauhan reiterated what Mr. Chauhan had already said. She also pointed out that it’s not a major
jump from C-2 to C-3. C-2 allows pet shops, pawn shops, radio and TV stations, and upholster shops.
Councilman Simmons pointed out that the conditions placed on the rezoning will be strictly enforced.

There were some residents who wanted to know why they wanted to locate on this particular site when
there were other C-3 zoning sites in the area. Mr. Chauhan responded that they chose this site because
of availability and location near the construction of Octagon Road. Mayor Kelley stated that the Council
was not here to find a location for the hotel but to consider the rezoning of the property in question.

Councilman Simmons raised the question about how the land would be graded and if the Council should
review the plans before rezoning. A. J. Welch responded no because when they apply for their building
permit, they have to also show a soil, sedimentation and erosion plan and part of the building permit
application. They will either maintain underground or aboveground retention of drainage for surface water
as part of the building criteria. This is not really a zoning issue; it is part of the development end of the
issue. The property is several hundred feet from the new road being developed Octogon Road.

Another question was raised, in changing the zoning, wouldn’t the burden be upon the Chauhan’s to show
why the current development plan would be inadequate before the zoning is changed? Mayor Kelley
responded that Mr. Welch just explained that development is not a part of rezoning. Mr. Welch stated that
anyone who owns a piece of property has the right to request a change in the zoning use of the property.
The Comprehensive Development Plan of Henry County is nothing more than a recommendation or a
guideline to follow but is not a binding document or criteria for any of the public entities of the County. The
owners of the property have the right to ask for rezoning, it does not mean they will get it rezoned. Once
the Council decides whether to grant their request or deny the request, then there is a different procedure
after that. If the Council denies the request for rezoning, it could become a legal question for a lawsuit to
demand the rezoning through the court system, and then the City would have to respond to a lawsuit. If it
is granted and is granted with conditions that the Council feels are appropriate for the area and they do not
accept it, then it becomes a legal issue and not a legislative issue. The Council is dealing with a legislative
act now of either zoning with conditions or denying the request.

It was suggested that a remedy for the Chauhan’s would be to build on another site nearby that would not
deviate from the current Land Use Plan for which their organization has any objection. Mayor Kelley
responded that there are not that many locations inside the City Limits and a lot of the residents attending
this meeting are not in the City.

G. W. Evans made a motion to approve rezoning from C-2 (general commercial) to C-3 (heavy commercial)
with the following conditions:
1. All buildings placed on site shall have exteriors of brick/stone/stucco, masonite siding,
glass, or any combination thereof (with no factory metal baked on painted walls). Colors
of the proposed building shall be neutral (no bright colors). The emphasis is for the building
to be compatible architecturally to the surrounding professional offices and buildings.

2. The Stockbridge City Council and staff shall have architectural approval of the building and
signage prior to obtaining the appropriate permits.

3. The site shall be limited to one sign (ground mounted-monument based) which shall be
constructed of brick, stone, stucco or materials comparable with the building and shall be
no taller than fifteen (15) feet in height.

4. Banners, ribbons, flags and all portable signs shall be prohibited on site.

5. Accel/decel lane where appropriately designed by the county engineer department.

6. Any dumpster(s) shall be placed on a concrete pad behind the building and enclosed with
three (3) sides. The enclosure shall be constructed of brick, stucco, or any combination
thereof, and shall be a minimum of eight (8) feet in height.

7. No weekly rental (extended stay)

8. Parking shall be designed to only accommodate personal passenger vehicles, excluding
buses and commercial vehicles as described by the County Commercial Vehicle
Ordinance.

9. Site shall be approved for a hotel/motel, all permitted uses and conditional uses within this
district, shall be prohibited.

Harold Cochran seconded motion, motion carried.

SCOTT BROWN, DDS, FOREST PARK, GEORGIA requested rezoning if property located at 5386 North
Henry Boulevard from C-2 (general commercial), C-1 (neighborhood commercial), and RA (residential-
agricultural) to C-2 (general commercial) for property located in Land Lots 59 and 70 of the 12th District, on
the north side of North Henry Boulevard at Askew Drive. Property contains approximately 2 acres, and the
request is for retail office space and medical and dental office space.

Ronnie Simmons made a motion to approved, seconded by Fletcher Turner, motion carried

CONDITIONAL USE

J. C. BRINSON AND GREG MITCHELL, OWNERS. Jim Butcher representing the owners requested
conditional use for property located in Land Lot 1 of the 7th District, at the northeastern corner of the
intersection of Highway 42 North and Brannan Road. The property contains 2.6 acres, zoned C-2 (general
commercial), and the request is for a funeral home.

Councilman Simmons asked what type of retention have they planned? No civil engineering has been
done on the property but the way the property is sloped, there will likely be retention on Brannan Road and
Highway 42 sides of the property and they would abide by any conditions in this matter. Ted Strickland
pointed out that the City requires underground retention on property facing main road. Councilman
Simmons pointed out that if it drains to the front, the City requires underground retention. Underground
retention would be under the parking lot and they have no objections to this requirement.
The funeral home will be a brick structure with stucco accents with a residential appeal.

A resident was concerned with the traffic a funeral home would create. Councilman Simmons stated that
in the past, the City has never had a complaint about traffic caused by a funeral home. First of all, the
professionalism of the owners of the funeral home will definitely have police to direct traffic. Other types of
business could create more traffic day and night than a funeral home.

Ronnie Simmons made a motion to approve with the following conditions:

1. Planning Staff shall have control over the landscape plan to ensure proper privacy and
buffering from the residential subdivision to the east of the property.

2. All buildings shall be constructed of brick, stone, stucco, glass or wood exteriors, with a
residential appearance, including a pitched roof equal to or greater than 7/12. No metal
exteriors shall be allowed. The associated trash receptacle shall be properly screened with
matching materials as the primary structure.

3. The signage shall be ground mounted, not to exceed eight (8) feet in height and sixty (60)
square feet per face. The support structure shall be constructed of the same materials as
the funeral home.

4. Planning and Development shall approve a lighting plan, with lighting to be cast downward
on the site so as not be any higher than 30 feet unless approved by the Planning and
Development Department.

5. All open areas (i.e., not landscaped with shrubbery/groundcover) shall be fully sodded.

Fletcher Turner seconded they motion, motion carried.

ANNEXATION

CURTIS TYSON, 714 DAVIS ROAD requested annexation and rezoning from R-3 (single family residential)
in unincorporated Henry County to R-3 (singe-family residential) in the City of Stockbridge for property
located in Land Lot 71 of the 12th District. The property contains 0.25 acre, and the request is for
annexation into the City of Stockbridge.

G. W. Evans, made a motion to approve rezoning from R-3 unincorporated Henry County to R-3 City of
Stockbridge, Fletcher Turner seconded, motion carried.

G. W. Evans, made a motion to approve annexation, seconded by Fletcher Turner, motion carried.

STOCKBRIDGE VILLAGE, LLC, TIM JONES OF JONESBORO, GEORGIA requested rezoning from C-
1 (neighborhood commercial) in unincorporated Henry County to C-1 (neighborhood commercial) in the
City of Stockbridge for property located in Land Lot 55 of the 12th District, on the south side of Highway
138, just east of North Mill Road. The property contains 2.19 acres, and the request is for annexation into
the City of Stockbridge.

Ronnie Simmons made a motion to approve rezoning from C-1 unincorporated Henry County to C-1 City
of Stockbridge, Fletcher Turner seconded, motion carried.
Ronnie Simmons made a motion to annex the property into the City of Stockbridge, seconded by Fletcher
Turner, motion carried.

VARIANCE

JANE AND JAMES RUTLEDGE, ASKEW MOBILE HOME PARK requested variance and site plan
approval. Last month the Council approved rezoning for the expansion of the mobile home park and were
instructed to go back to Planning and Zoning to request variances. Variances are not heard at a zoning
hearing.

Ray Pacheco, Henry County Planning and Zoning staff stated they have applied for a variance for smaller
lots from current Henry County required 14,520 square foot lot to 6,000 square foot lot which is the size of
the lots in their existing mobile home park.

The Council reviewed recommendations made by the Henry County and Zoning staff.

Mr. Rutledge stated that they agree to install streetlights. They cannot agree to install sidewalks because
moving trailers in and out would tear-up the concrete since the lots are rented not owned. They agree to
have covenants for the tenants in their mobile home park.

The accel/decel lane is not required by the State and the only thing they can do is widen the entrance from
thirty (30) to forty (40) feet and taper into the existing driveway. Ray Pacheco responded that whatever the
state requires will be agreeable to the County. Johnny Brooks, Georgia Department of Transportation will
contact Henry County.

Parking areas will be paved for each home with a 25-foot setback but he cannot agree to cover carports or
garages because mobile homes are movable and permanent structures would be knocked down when a
mobile home is moved. Garages and outbuildings will be covered under their covenants. A copy of their
covenant will be presented to the Council for their record.

Mobile homes will be skirted but brick and stucco are not feasible on a mobile unit. It would leave a mess
every time a mobile home is moved.

The detailed landscape plan to include a ten (10) percent amenities area for the parking of boats and RVS
and recreation.

Mr. Rutledge pointed out that sod for a development this size would be costly. If he can work out the
finances he would rather go with sod. Councilman Simmons suggested the front of each mobile home be
sod and the back of each mobile home will be grassed. Mobile Homes will be placed with the end toward
the street with parking on the front end of the home. Sod will be placed on the front of the mobile home
and the rear will be grassed. Ray Pacheco suggested that when the landscape plan is submitted, they can
decide the best places to sod depending on the size of the mobile homes, etc. Mayor Kelley stated that
grassing to be determined when the landscape plan is submitted.

Mr. Rutledge advised Council that in the past they have never had a sign. Mayor Kelley told Mr. Rutledge
that they are not mandated to have a sign but if they ever decide to put up a sign it would have to meet
county requirements at that time.

Ronnie Simmons made a motion to approve subject to the following conditions:

1. Streetlights
2. Compliance with Sec. 3-7-173 (e & f). That all covenants and standards be submitted to
the City Attorney and County Planning Department for approval prior to the redevelopment
of the site.

3. That an accel/decel lane be installed according to state requirements.

4. Parking areas be paved for each mobile home.

5. All mobile homes shall be skirted.

6. Detailed landscape plan, including a detailed amenities area. (this includes 10% of the site
being dedicated to open space for recreation use and parking for RVS and boats, etc.)

7. Grassing to be decided when landscape plan is submitted for approval.

8. Any signage to the park shall be approved by the Planning Department and designed a
customary subdivision sign:

a) Six to eight feet tall

b) Constructed of brick, stone and/or stucco

Harold Cochran seconded, motion carried.

Mr. Rutledge stated that he did not recall if the variance for five (5) mobile homes per acre was
included in the motion. A. J. Welch advised that he did not think it was included and it would be
best to make another motion than amend the previous motion.

Ronnie Simmons made a motion that the maximum density will be five (5) units per usable acre,
Fletcher Turner seconded, motion carried.

OLD BUSINESS

MARCH OF DIMES PARADE. Hal Gresham will discuss new parade route scheduled for September 25,
1999. Arrangements have been made with Police Department to provide safety precautions. The parade
route has been changed to stay off Davis Road as requested by the City Council. Mr. Gresham to check with
March of Dimes to verify that they have liability insurance.

Ronnie Simmons made a motion to approve parade, seconded by Fletcher Turner, motion carried.

COMMUNITY CENTER. Councilmen Simmons presented plans for new community center to be located on
Davis Road adjacent to Clark Community Park. He reported that Roger Moss and the committee has been
working on getting plans ready for review by the Council. The next phase will be to authorize Mr. Moss to
proceed with the specifications of design to be put out for bids.
NEW BUSINESS

EAGLE’S LANDING BOTTLE SHOPE, INC. Billy Jones, President has purchased Eddie Walker’s shares
in the company and is sole proprietor. David C. Wynn will be Vice President and Hal Abrams Secretary.
New application and required documents have been filed with City Clerk. The records need to show the
Council has been made aware of these changes and it meets their approval.

Ronnie Simmons made a motion to approve, Fletcher Turner seconded, motion carried.

WATERSHED AND WATER SUPPLY MEETING. A meeting is scheduled Thursday, September 16, 1999
at 7:00 PM to 8:30 PM at the Henry County Administration Building to educate citizens about watershed and
water supply issues. To provide the community with an understanding of the project and the plan
development process. To give the public a voice in the development of a watershed protection plan. This
information has been published in the Henry Herald to notify citizens of this meeting. No action required by
Council.

HENRY COUNTY TREE ORDINANCE. Council has been provided a copy of tree ordinance for their review
and comment. No action required by Council at this time.

1999 CDBG GRANT FOR TYE STREET AND AREA. City must hire a consulting firm to administer CDBG
Grant for drainage, sidewalks, and street improvement project. Based on a qualification evaluation for
selection of grant writer/administrator for CDBG projects, Ted Strickland, City Manager, recommends the firm
of Allen-Smith Consulting, Jersey, GA.

G. W. Evans made a motion to select Allen-Smith Consulting, Ronnie Simmons seconded, motion carried.

EARLY WARNING SIRENS. G. W. Evans asked the status of the early warning system to be installed by
the City under a partial federal grant. Ted Strickland reported that Georgia Power Company has ordered
the poles. The representative from the siren company told Mr. Strickland that one component has not been
received and they should have all the parts within the next month.

EXECUTIVE SESSION

To consult with legal counsel pertaining to pending or potential litigation.
Harold Cochran made a motion to convene Executive Session, G. W. Evans seconded, motion carried.

Ronnie Simmons made a motion to reconvene regular session, seconded by G. W. Evans, motion carried.

G. W. Evans made a motion to adjourn, Ronnie Simmons seconded, motion carried. Meeting adjourned at
8:45 P.M.

Respectfully submitted,

Merle Manders R. G. Kelley
City Clerk Mayor
