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date: 2003-07-14
title: July 14, 2003 Minutes
source: 2003-07/2003-07-14_July 14, 2003_Minutes.pdf
pages: 1
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July 14, 2003
CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA JULY 14, 2003

The Regular Meeting of the Stockbridge City Council was held on July 14, 2003 at 6:00 P. M. Mayor R. G.
Kelley presided. Members present were Harold Cochran, Fred Evans, W. A. Gardner, Fletcher Turner and
Steve Moon.

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

Harold Cochran made a motion to approve minutes of the June 9, 2003 City Council Meeting; Fred Evans
seconded, and passed unanimously.

Mayor Kelley welcomed guests including Kelly Copensing, scout parent for Boy Scout Troop 115. Scouts
are working on citizenship badges and are required to attend a Council Meeting.

PLANNING AND ZONING

REZONING:

BRUSH CREEK COMMONS, ROYCE GRANT OF STOCKBRIDGE, GA requested rezoning from R-2
(Single Family Residential) and C-2 (General Commercial) to RM-2 (Multiple Family Residential District –
Townhouses). The property is located in Land Lot 59 and 70 of the 12th District off North Henry Boulevard
with entrance and exit between the QT Station and the Waffle House. The purpose is to develop a multi-
family residential subdivision.

Ray Gibson, Henry County Planning and Zoning, stated the Henry County Planning Commission
recommended approval of the applicant’s request with eleven (11) conditions. Mr. Elliot and Mr. Grant are
present to revise some of the conditions. Mr. Gibson stated that he has seen the revised plan and has no
major concerns with it.

Michael Elliott, Civil Engineer and land planner, is working with Mr. Grant on his development plan. Basically,
they have gone before the Planning Commission and received approval with eleven (11) conditions. They
met last week with City Manager, Ted Strickland, to go over any plans and recommendations that he may
have had and taken those into account and also with the Zoning Report they have made a few minor
alterations to the plan. The property is located between the Quick Trip basically using the roadway between
Quick Trip and the new Waffle House. It’s 18.26 acres and raps around Shields Drive. They will be extending
the existing road which dead ends at the Quick Trip.

In the previous plan, they had seventy-five (75) townhomes units and talking with City Manager, Ted
Strickland and just looking at it from that standpoint, the property was already zoned C-2. They think it best
to leave the two (2) C-2 lots for class A office space and they agree with Mr. Strickland that these two (2) lots
are in a very good location for office space and that is probably the reason they are zoned C-2. They have
reduced the RM-2 which will be fee-simple townhomes to 48 total units for the property. Also, they have
incorporated all of the amenities in accordance with the RM-2 Ordinance with paved alley ways and they
have left a two hundred (200’) foot buffer along Shield Road. The rezoning/public hearing notice sign was
placed on Shield Road but they do not plan to access Shields Drive. We know Club Drive, and that area of
Stockbridge is one of the oldest and nicest areas of Stockbridge and they plan to maintain that image.
Adjacent residents won’t know they are there because they are leaving such a generous buffer above and
beyond the thirty (30’) feet that is required in the ordinance.

They have reviewed all of the eleven (11) conditions placed on the property by the Planning Commission in
May, 2003. The developer have just a few site changes. Condition four, the Developer shall submit
elevations of the building. They are submitting these elevations at this meeting to be approved by the City of
Stockbridge staff because this project is in the City.

In regards to Condition seven (7) the will agree to install street trees between the sidewalk and the front
property lines. The Planning Staff has laid out three (3) specific of trees. The developer would like to have
the flexibility and freedom to pick from the species of canopy of trees listed in the Tree Ordinance.

Condition eight (8) which requires the Building Department not to issue a building permit until such time as
the Director of the Building Department is satisfied that sewer capacity is available. In the zoning package,
they have a letter from Cary Melton, City of Stockbridge Water and Sewer Department that sewer is available
to site and there is adequate capacity. In discussing this matter with Mr. Strickland, this particular condition
could be struck. We all know that you cannot get a building permit until sewer is there and there is also a
letter from the Water and Sewer Department saying the capacity is available.

Condition nine (9) they have agreed to put in a streetscape plan to be submitted and approved again. They
would like to have that approved by the City of Stockbridge.

Conditions ten (10) and eleven (11) they do not have a problem with these conditions.
Mr. Grant added that there are ten (10) or twelve (12) more appealing trees as opposed to the three (3) trees
recommended by Henry County Planning and Zoning. Andy Welch, City Attorney, instructed Mr. Grant to
send a list of the trees to be attached to the Zoning Report.

Mr. Elliott presented an architectural elevation which shows each dwelling unit be distinct with the use of
gable, porches, brick, stone and stucco accents to achieve the appearance desired. It will not have the
appearance of an apartment building and will be a very nice product. There will be approximate 4.6 units per
acre. Ted Strickland asked if they meet the seventy-five (75%) percent brick, stone or stucco regulation.
Mayor Kelley responded that regulation applies when the units go up to eight (8) or ten (10) units.

Andy Welch advised Council that Planning and Zoning recommends eliminating vinyl siding. This condition
can be struck. Otherwise they need to comply with the terms of the ordinance which is fifty (50%) percent of
a mixture of brick, stone or stucco.

Ray Gibson, Henry County Planning and Zoning staff made a comment regarding condition four (4) and
condition nine (9) where the Council is removing Henry County, he is asking the Council if Henry County
could still and review the conditions and present comments to Mr. Strickland before final approval. Mayor
Kelley said that would be fine but the biggest problem is they do not want to go back to the County for a
month or two delay.

Mr. Grant said the starting price will be $121,000 range and go up from there. They are located in an area
where there are apartments on one side and the mobile home park on the other side. This limits the price
because it would cause them to compete with starter home and kills their market.

A citizen asked if there would be any major change to the intersection. Mr. Grant responded that he has
heard a rumor that Georgia Department of Transportation GDOT is considering a traffic light at this
intersection. Mr. Strickland advised that GDOT has been considering this site for five or six years. Mayor
Kelley stated that the City would be in favor of a traffic light to break the flow of traffic and speed on North
Henry Boulevard. Everyone would like to see a traffic light at this site.

Lisa Shifflett, spoke on behalf of her parents, Charles and Janet Bartlett, who have been residents of 279
Shields Road for over thirty (30) years. She stated there is an overwhelming opposition to this request for
rezoning and cited a list of complaints regarding this rezoning. In the rezoning evaluation report a letter from
the Henry County Environmental Health is included stating that there is enough suitable soil on this tract for
installation of conventional and alternative onsite sewerage management systems. However this letter is in
regards to 50.58 acres in Land Lot 149 of the 7th District Highway 81 on Mayo Road. Therefore, she wonders
if there is a satisfactory soil report on this project.

Over the last few years, Shields Road, has become a heavily traveled thoroughfare without any road
improvements. Most of you have traveled along Shield Road, it is narrow and curvy. The four way stop at
the intersection of Davis Road and Shields Road is very dangerous. The idea was wonderful but it appears
that motorist traveling along Davis Road just sees the stop sign as a suggestion and most just choose not to
stop or slow down. Even if an access road to Shield Road is disallowed, it’s still the most popular shortcut to
Davis, Valley Hill, East Atlanta and other popular areas.

Because of the way the property lies on Shields Road, there is a question of property value. Most of the
homes in the area are being occupied by long time residents. They have invested their time, energy and
money into these properties and by adding townhomes in the mix, the Council is diminishing the property
values that the neighborhood has worked so hard to increase. However, if you do pass this rezoning, we ask
for conditions to be placed on the development. We request that their be covenants that state that the
property cannot be used for rental or leasing, now or in the future. Townhomes will decrease the value but
when you add rental units with tenants, you decrease values even more. We also request a substantial buffer
between the current residential properties and the development. We acknowledge that the applicant has
suggested a two hundred (200’) buffer along Shield Road. We appreciate that, but they would like to see it
listed as a condition. We request a change in the location of the amenities area shown on the site map as
the multi-use trail, regulation basketball court and children’s play area, so they are not adjacent to the current
residential home.

We are a quiet neighborhood with older residents who retired early. In regards to the multi-use trail, they
would like to know what multi-use means. Despite any good intentions of the developer to not disturb the
homeowners on Shield Road it is virtually impossible to patrol these areas to insure that the amenities are
not used in off-times. We request that they be moved to the front of the project where the clubhouse and
swimming pool are located. The lights and noises from these areas are detrimental to the peaceful enjoyment
of the current residents. Current future development of the property now described as the floodplain area
described on the site plan, not to be developed. In the report, there appears to be some discrepancies as to
the actually floodplain area so therefore, they request that it not be developed. Finally, and most importantly,
they adamantly request that no entrance or exit for pedestrian and/or vehicular traffic shall ever be placed on
the Shields Road portion of the property now or in the future. As stated previously, the additional traffic
cannot be handled by Shields Road and the residents do not want the additional traffic.

A property owner should be able to do what he or she wishes with their property as long as it does not
interfere with others. This interferes with their right to live in a peaceful and undisturbed area. This area this
use to be is non-existent and to try to revert back to the rural non-commercial area is impossible. They are
not opposed to growth, they just need some sort of control. Not everyone wants to live in a very populated
area with lots of businesses and traffic at their doorstep. Stockbridge is diverse in it’s residents and living
choices, therefore, let Shield Road residents retain it peacefulness. If you do allow this project, they ask for
the strictest guidelines and restrictions possible and any violation thereof, be penalized to the fullest extent
possible. Mrs. Shifflett requested the right to respond.

Richard Lewis, 217 Shield Road, addressed the Council not in opposition of this project but he would like to
go on record saying he owned the property in question for twenty-five (25) years from 1975 until January
2002. When Mr. Grant offered to purchase this property, before he signed the papers, Mr. Lewis asked Mr.
Grant what was going to be built. Mr. Grant brought a layout of the property and it was to be developed at
that time as a gated community, this was a little over a year ago. As a gated community it was to be on one
hundred (100’) foot lots with a small house for senior type living and it came as a complete surprise.

Mr. Lewis stated he is pleased there is no exit coming off Shields Road because he does not believe their
street can handle the additional traffic.

Mr. Grant responded to Mr. Lewis comments, stating that Mr. Lewis is exactly correct. When they first looked
at this site that is what they tried to work out. The problem is no one wanted them to come out on Shield
Road you cannot develop a gated community the other way. The only way to develop for single family is to
come off Shields Road which no one wanted. To come in the North Henry Boulevard way they had to actually
purchase commercial property adjourning them to have an exit and entrance on North Henry Boulevard. The
amount of money they have spent on the project, the only way they can make it work is to go to higher
density. They are handcuffed in that respect.

Mr. Grant responded to Lisa Shifflett’s comments. They do respect the integrity of the residents of Shields
Road and there will be no access out to Shields Road by any means. Mayor Kelley recommended having
this written as a condition.

Michael Elliott, engineer for the project, responded to Mrs. Shifflett’s concerns regarding the floodplain. The
floodplain shown on the plan is conceptual and typically they will get a full blown topographic field run survey
of this site to nail down the exact floodplain. Mr. Elliott stated that they do not plan to build houses in the
floodplain or disturb the floodplain. That will be evident on the final engineering drawings.

Mr. Elliott addressed the traffic on Shields Road and that intersection, from his experience as an engineer,
the majority of the traffic exiting this site will go north, many traffic movements or patterns do not lend itself
to a left turn out of this development back immediately on Shields Drive. He can’t guarantee that no one will
left turn from the development back on Shield Road but it just doesn’t seem likely. Mr. Elliott said that Mr.
Grant brought him an original ten (10) acre tract that was zoned R-2 and the first iteration that was done was
to layout a driveway off Shields Road but they just know that would not work. This is one of the oldest and
vital communities in Stockbridge and that is why they held the buffer area to protect the residents of Shields
Road. In the reduction of the forty-eight (48) units rather than seventy-five (75) units, they have been able to
eliminate the tennis courts and basketball court and they want be a part of the amenities so they want be a
problem. According to the ordinance, they are required to have a pool and clubhouse. It was pointed out
that there is a 30 foot buffer on the north side of the property which is required by the Ordinance.

Mr. Grant stated that Mrs. Shifflett made mention of the soil report for fifty (50) acres on Highway 81. That
report is for another property on Highway 81 that will go before Henry County for rezoning next week and the
County must have put it in this report in error. This property is on City sewer and they are not required to
have coring from the Health Department.

Andy Welch stated that the City in the past has put together a Development Agreement and it translates the
conditions that the Council imposes into the terms of the Development Agreement in plain language that the
City uses to insure that these conditions are enforced and understood between the parties and that the public
is also aware of them. There are a number of issues that were raised that can be addressed with the
conditions additional to the ones that Planning and Zoning has stated.

Ray Gibbs, Henry County, asked if this property is going to C-2. Michel Elliott replied that the front two pieces
are already C-2 and there will be no change. Mr. Gibbs recommended the Council not allow any signs more
than eight (8’) feet on the two (2) commercial properties. The code allows a thirty (30’) foot sign and they
suggest the Council place a condition on the commercial properties to have a monument based sign no
greater then eight (8’) feet. Mr. Grant responded that that will not be a problem but they are leaning toward
an office development and that will be appropriate.

Ted Strickland, City Manager, pointed out that the two (2) commercial lots are not included in the rezoning,
only the 18.26 acres is being rezoned from R-2 Single Family Residential to RM-2 Multi-family Residential –
Townhouses.

Andy Welch said the Council cannot impose the sign conditions on the two (2) commercial lots that Planning
and Zoning want because the City is not rezoning that property, it’s just going to stay the way it is currently
zoned, C-2 Commercial.

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

JOHN WALTER OF BIRMINGHAM, ALABAMA requested rezoning from R-3 (Single-Family Residential) to
C-2 (General Commercial). The property is located in Land Lot 71 of the 12th District, at the intersection of
Davis Road and Georgia State Route 42. The purpose is to develop a commercial strip center.
Horace Freeman, Henry County Planning and Zoning Department advised the Council that the Henry County
Planning Commission recommends approval with four (4) conditions:

1. All buildings shall be constructed of brick, stone, stucco, efis stone, glass or any
combination thereof. The architectural design of the buildings shall be reviewed by
Planning Staff.

2. All signage, not attached to a building, shall be monument-based and shall have consistent
character and design details that reflect the architectural design of the project.

3. An exterior lighting plan shall require all lighting to be of moderate brightness and
downcast.

4. Dumpster(s) shall be gated and enclosed with a three-sided masonry wall being consistent
with the façade of the building.

John Walker addressed the Council advising that his firm has been working with a local broker and the
landowners of this site and understands the Council annexed this property for this purpose. They have a site
plan that is approximately 41,000 square feet which is designed according to City ordinances regarding
setbacks and all the appropriate regulations. They are currently eighty-three (83%) percent leased with a
combination of local and national tenants.

They have been in close contact with Mr. Strickland on their intentions and design characteristics. During
the Henry County meeting, he had some concerns regarding some of the more costly items listed such as
brick, efis and split faced block. It will be a brand new and first class shopping center. However, based on
property costs and rental rates, brick tends to be very expensive but it is their intention to develop something
that is in keeping with the surrounding area on North Henry Boulevard.

Mr. Strickland said that one of the things they discussed was running the water and sewer on North Henry
Boulevard up to their site and they wanted to go through WalMart property. Mr. Strickland pointed out that
the City could work with them on the façade and the retention pond but they will tie on to the City’s water and
sewer facilities as everyone has along Highway 42 and that should be made clear so there want be any
misunderstanding.
Mr. Walter said they have reviewed their survey and there is a twelve (12’) inch DIP water line already running
along Davis Road adjacent to their property. They understand and have been working under the assumption
that the City will work with them to make the sewer as cost efficient as possible but their survey does show
a water line running on Davis Road.

Ted Strickland stated that the City’s water and sewer facilities in on Highway 42 and he believes the water
line on Davis Road may belong to Clayton or Henry County. If it belongs to Henry County they would have
to pay to install a Henry County meter.

Mayor Kelley advised Mr. Walters that what Mr. Strickland means is the water and sewer service will have to
be with the City of Stockbridge. If their service is put on a county line, it would have to be metered by the
City; the City would pay the county and bill the developer. Mr. Walters asked if that would be acceptable to
the Council. Mayor Kelley responded that it would be acceptable to the Council to hook on to the nearest
place as long as it’s with the City. If the City has a line running along Davis Road, they are certainly welcome
to hook-on there. Mayor Kelley explained that Clayton County reservoir is below the City and they also have
a line on Davis Road but they cannot hook-on to a Clayton County line.

Andy Welch, City Attorney, explained that if it is a Henry County line they would have to pay the meter cost;
the City would have to pay for the meter and they would have to reimburse the City for that cost. Ted
Strickland pointed out that the County would want to split the services, they get the water and the City gets
the sewer. Both water and sewer will be provided by the City and lines should be run from Highway 42.
Mayor Kelley advised Mr. Walters that the County does not have sewer on that corner and the water and
sewer need to be kept as one because this would cause a split billing. Mr. Walters said they are less
concerned and are happy if it makes the City of Stockbridge happy to connect both water and sewer lines at
Highway 42.

Some of the other issues they have are some of the conditions Henry County put in their conditions are
chiefly the building materials and the condition on the pylon vs. the monument sign. They actually hold two
easements from WalMart; one for access into their parking lot and one for their property on Highway 42 for
a pylon sign. They ask that they be allowed to use these easements according to City ordinances.

Mr. Strickland asked if their sign will be attached to WalMart’s existing sign. Mr. Walters responded that their
current design specifications do not allow for additional signs to be applied on the WalMart sign. Mayor
Kelley asked if they are asking to put a sign on someone else’s property. Mr. Walters responded yes, they
plan to install a sign on WalMart property next to Highway 42. Andy Welch informed Mr. Walters that the
City’s present sign ordinance does not address off-premises signs. Mayor Kelley stated that the City has
turned down several signs because people out in the County want to place signs in the City along Highway
42 and the City would be covered-up in signs. Mr. Walters asked if they could attach a cabinet under the
current WalMart sign that included a list of their tenants and made a part of their current sign would that be
acceptable. Andy Welch explained that he did not know if they would be able to do that because of a certain
maximum signage area that WalMart has to comply with and their sign being on one pole, if it exceeds that
area, it would not be possible under the ordinance. If it’s less than the required area and they have extra
room that may not be an issue except for the fact that again, it’s placing a on someone else’s property, it’s
the same issue. Mr. Walker stated that actually it would be WalMart’s sign on Walmart property.

Mr. Strickland pointed out that last year when the sign was knocked down there was some discussion about
the sign with Henry County and when it was worked out, Henry County approved the maximum amount of
signage for WalMart according to the Sign Ordinance.

Under the circumstances, Andy Welch said the City could not give them the signage area they have
requested. Mr. Walter’s asked if they could use a monument sign in the WalMart easement area with a
certain height restriction, would that be acceptable. Mr. Welch responded that would be an off-premises sign
again. Mayor Kelley said it would still be an off-premises sign whether it’s in the easement or wherever.

Mr. Strickland pointed out that this is a constant battle the City fights all the time and the same exact problem
will be heard later in this meeting regarding an off-premises sign. Mr. Walter stated he understands the
problem but in this case he is comfortable with the Council’s decision. Mayor Kelley said the Council would
like to work with them but they can’t allow off-premises signs because if they approve their sign how could
they turn the next one down.

Andy Welch said he has attached another condition to the zoning ordinance which provides the City with a
plat of the property by a registered surveyor licensed in Georgia. By providing this survey for City records, it
makes it better to know the actual boundaries that are being rezoned.

Mr. Walter’s raised the question about some of the architectural requirements and if that’s the case, we might
want to strike that condition or just allow for greater flexibility, subject to review by the Council. Mr. Walters
stated that the inclusion of efis in the design is fine. They were worried that they would be held to a
requirement of all brick because that was the initial county recommendation. Mr. Welch said they could mix
the exterior based on what will make it marketable. They should put together a design and present to the
City. Mr. Walker asked if that’s a Council level decision because their concern is they have been in this
process for a good while and they have tenants that are expecting a space.

Mr. Welch said it’s a good idea to present it to the Council at a short special meeting unless the Council wants
Henry County Planning and Zoning to handle the review and present it to the Council. Mr. Walker said he
feels as long as it meets the conditions set forth by the Council that the professionals handling the review
might be able to – he is just trying to avoid any additional delay.
Mayor Kelley said the Council or Henry County will handle it the quickest way. The Council would like to
have Henry County review the plans. Mr. Strickland told Mr. Walker that the Council are not planners and
they depend on Henry County for those services and the best plan would be to take the plans direct to Henry
County then to the City as soon as possible.

Mayor Kelley asked Mr. Walker if he had any additional questions or if anyone in the audience had anything
to say about this matter. Mayor Kelley asked Andy Welch to state the motion to be voted on so it will be
exact.

Andy Welch said the condition on the architectural will be that the materials to be used for the architectural
face of the building will be submitted back to Planning and Zoning for their comments and at that time the
City Council will schedule a meeting, the Planning and Zoning will present those comments. Mr. Walker said
he is not looking for additional steps and they are going to submit for building permits and it may be less
confusing if that condition is part of the motion that will be part of what they submit for building permits.

Andy Welch said if the Council chooses to accept the rezoning, it will be subject to the conditions listed by
Planning and Zoning. The architectural requirements will be reviewed in accordance with regular procedures
for the issuance of a building permit and those comments will be forwarded to the Council and at that time
they can give their approval on those particular things. If there is any objections to it, the Council will deal
with it at that time.

Mr. Walker said he did not want to be difficult but presuming that the reviewing process is a two or three week
process and they get the plans back on a Tuesday and the meeting is on Monday, he will have to run the full
month to have it come before the City Council. Mayor Kelley said he has a month to get it done. Andy Welch
told Mr. Walker to get it to Planning and Zoning and the City Council will put it on the agenda and Planning
and Zoning will work with the City Council to provide those comments. It’s not a difficult thing to look at this
and give comments and they will present the comments at that time when the City Council has it scheduled.
The City Council will drive this matter and not Planning and Zoning. It is going to Planning and Zoning to get
their comments so they provide the information to the Council. Mr. Welch advised Mr. Walker that if their
design is ready, it needs to be submitted to Planning and Zoning, let them review it and make comments and
submit a letter to the Clerk asking to be put on the agenda at the next meeting.

Mr. Walker said that his concern is that he is probably about three weeks away from having something that
can be submitted.
Harold Cochran made a motion to approve rezoning with conditions; W. A. Gardner seconded, and passed
unanimously.

Mr. Walker asked that the conditions being approved be read one more time.

Andy Welch said the request is being approved if it is voted on according to the conditions that the Planning
and Zoning Staff has set forth in their recommendation in the staff report and with the additional condition
that they provide the plat. (The plat was presented during this meeting.) The modified condition that was a
Planning and Zoning condition that the building consist of the architectural materials, listed therein, and that
information be submitted to Planning and Zoning for their comments and then upon written request to have
the plans reviewed by the Council, they will have Planning and Zoning to provide comments. The Council
will decide whether to accept or to modify the architectural plans.

Mayor Kelley asked Mr. Walker if he is concerned that the Council will require all brick. Mr. Walker responded
that his concern is that if there is a condition that certain materials will be used, why it has to come back to
the Council. Mayor Kelley responded the Council does not know what materials he wants to use because
he has not presented that part of the plan. Mr. Walker argued that it’s in the first condition. Mr. Welch said
they could have all brick, all efis or all glass and the Council wants to see if it’s consistent with the character
of the community.

ELBERT F. WILSON, JR. OF McDONOUGH, GEORGIA requested rezoning from R-3 (Single-Family
Residential) and C-2 (General Commercial) to OI (Office Institutional). The property is located in Land Lot
60 of the 12th District at 4863 North Henry Boulevard. The Stockbridge United Methodist Church is located
on this property. The purpose is to bring the existing church into conformance with the Ordinance. The
Planning Commission recommended approval of the applicant’s request with two (2) conditions.

1. Any new buildings shall be constructed of brick stone, stucco, glass or any
combination thereof and shall have consistent character and design details that
reflect the overall architectural design of the project.

2. New signage, not attached to any structure, shall be monument based and shall
have consistent character and design details that reflect the overall architectural
design of the project.
Mr. Wilson advised the Council that when they began this remodeling project nine (9) years ago the zoning
was not a question. Later, about two (2) years ago when they wanted to construct a pavilion they found out
they were not zoned for a church; they were a legal non-conforming use. They are applying for a rezoning
now because they had a fire that gutted their sanctuary. The burned building will come down and be replaced.

Fred Evans made a motion to approve; Fletcher Turner seconded, and passed unanimously.

ANNEXATION:

D. H. DAILEY, 107 PEACH DRIVE, McDONOUGH, GEORGIA requested annexation of 43.61 acres located
in Land Lot 66 of the 7th District near the intersection of Candler Road and Jodeco Road and east of Norfolk
Southern Railroad.

Fred Evans made a motion to approve; Fletcher Turner seconded, and passed unanimously.

JOYCE W. AND DANIEL M. McKAY, 3986 J0DECO ROAD, McDONOUGH, GEORGIA requested
annexation of 1.98 acres located in Land Lot 63 of the 7th District near the intersection of Candler Road and
Jodeco Road and east of Norfolk South Railroad.

Fred Evans made a motion to approve; Steve Moon seconded, and passed unanimously.

MARY PIER, 135 PINE GROVE DRIVE, LOCUST GROVE, GEORGIA requests annexation of 5.00 acres
located in Land Lot 66 of the 7th District on 60 Candler Road.

Fred Evans made a motion to approve; Fletcher Turner seconded, and passed unanimously.

OLD BUSINESS

PLANNED TOWN DEVELOPMENT (PTD) ORDINANCE – Andy Welch presented a draft of the PTD
Ordinance with a Resolution authorizing City Attorney to amend the (PTD) Ordinance to be presented to
Henry County Municipal Planning Commission for their review. Mr. Welch stated that the City has made
great progress in obtaining funds through the Livable Centers Initiative (LCI). As part of that process, the
motivation behind LCI is to create communities that are walkable. The plan is to get people out of their cars
and living closer to where they work. Atlanta Regional Commission has asked us to put together ordinance
that will allow for mixed use commercial and residential in the same area. This has been discussed at great
lengths at past meetings. Several months ago a PTD Ordinance with amendments was submitted and since
then meetings have been held with different members of the Council to discuss the appropriate amendments
that should be made based upon the Mayors and Council’s recommendations. The PTD Ordinance will be
amended to include increasing the square footage of the homes up to a minimum of 1/3 1,800 sq ft; 1/3 2,000
sq ft; and above 2,200 sq ft. In addition, remove the number of apartments, increase the percentages of
single family homes located in this particular type of development. Encourage Developers to allow for
apartment on a small scale but encourage condominiums, townhomes and single family homes located near
or above commercial.

These amendments have been made to the PTD and now it now needs to go to Planning and Zoning for
review.

Mayor Kelley recommends approval of the ordinance so the regulations will be enforced to regulate land use.
Fred Evans pointed out that there will be no duplexes allowed under this ordinance.

Fred Evans made a motion to adopt the Resolution to submit the PTD Ordinance to Henry County Planning
and Zoning for review and recommendations; W. A. Gardner seconded, and passed unanimously.

NOISE ORDINANCE ADMENDMENT. Andy Welch reminded the Council that they ask legal staff to prepare
an ordinance to regulate sound emissions from commercial establishments located near residential areas.
Loud music leaves the property and effects the quite enjoyment of people that live near the establishment.
They have drafted an ordinance that would require businesses located within close proximity to residential
areas and hospitals to regulate how much sound comes from their businesses and to keep it below the levels
that would otherwise cause trouble at a residence late at night.

Fred Evans made a motion to approve the amendment to the Noise Ordinance; Fletcher seconded, and
passed unanimously.

Ted Strickland asked the Council a question regarding the decibel meters. He received the information on
decibel meters and the sound company suggested they could come do a six hour study for $4,600 and the
City would purchase one of the more expensive decibel meters for $3,900. With this ordinance is it necessary
to spend that much money when just a plain $100 decibel meter will do the same job. Andy Welch said they
drafted the ordinance to allow for the use of the $100 meter. There is no need to spend tax payer’s money
for those types of tests.
NEW BUSINESS

AMENDMENT TO DAY CARE ORDINANCE. Andy Welch explained that there several items that needs to
be corrected in the Day Care Ordinance. The group day cares were inadvertently omitted in the last adoption
of the ordinance. This problem has been corrected as well as to allow for penalties under the provisions and
how the fees will be determined. Another issue that was raised is to have employee’s licensed in CPR. The
state requires employees to be trained and licensed in CPR and the City will just have the employee furnish
a copy of the state permit. There is a provision to require Day Care Centers to have and maintain insurance.

Fred Evans made a motion to approve amendment; W. A. Gardner seconded, and passed unanimously.

REV. SCOTT REECE, LIVING WAY CHURCH, EAST ATLANTA ROAD, requesting an off-premise
directional sign for their church. If the Masonic Lodge has permission to display their sign, others should be
able to have off premise sign. Mayor Kelley said he agrees with Mr. Reece and if the Masonic Lodge got
permission to have that sign, it must have been done many years ago. Ted Strickland was instructed to
contact the lodge to get the signs removed. Mayor Kelley recommended the Council instruct Mr. Strickland
to remove all off-premise directional signs from all rights-of-way.

Harold Cochran made a motion to deny request for a directional sign for the Living Way Church and to
authorize Ted Strickland to remove all signs from City rights-of-ways; Steve Moon seconded, and passed
unanimously.

J. P. GARMON AND XAVIER CUELLAR, LA HACIENDA MEXICAN RESTAURANT, 1027 EAGLE’S
LANDING PARKWAY, requested permission to obtain a permit for live music to be played in the parking lot
area of the restaurant. They wish to be good neighbors of the businesses and residents in the area. The
nearest resident is approximately one-half mile on the other far side of Publix Shopping Center. Mayor Kelley
pointed out that the hospital is across the street from his restaurant but the main building is several hundred
yards. They are willing to follow the stipulations that are outlined on the website. They are asking the Council
to consider allowing them to obtain the permit. What they would like to do is to have an occasional special
event, perhaps four times a year.

Mayor Kelley advised Mr. Garmon that he lives in the area and about a week ago they evidently had music
in the parking lot without a permit and he heard the music. Mr. Garmon admitted the music was too loud.
The City had another business playing loud music that has just been closed and this is what brought on this
new ordinance. The music cannot be played outside and inside music will be kept within the decibels. Mayor
Kelley instructed Mr. Garmon to get with Mr. Strickland and if he wants to pay for having the decibels checked.
A. J. Welch advised the procedure Mr. Garmon will follow is to file an application at City Hall. Mr. Garmon
can hire a licensed company and the decibel level is set at certain locations on their property and the music
cannot be heard above the decibel level set by the licensed company. The Police Department will have a
decibel meter to test the decibel level and if it’s above what is allowed, the owner will be fined a minimum of
$200 up to $1,000 for each offense. The business license can be suspended or revoked and ultimately there
may be jail time on the fourth occasion.

Mr. Garmon asked if this regulation applied to music inside the restaurant. Mayor Kelley responded that the
regulation applies to music inside and if it’s getting outside. The City does not allow music outside unless it
is an event sponsored by the City. Mayor Kelley advised Mr. Garmon to keep his business on his property.
The rest of the community does not want to hear your music; if they did they would go to your place. Mayor
Kelley instructed Mr. Garmon to get with Ted Strickland if he wants to make an application for a Sound
Production Permit Application to have the decibel level set for his business. The testing is at the owner’s
expense.

Harold Cochran made a motion to deny request for outside music; Steve Moon seconded, and passed
unanimously.

JEFF HAMMOND, 125 ROCK QUARRY ROAD, requested an occupational license to operate a teen club
at the previous location of Chaser’s. Mr. Hammond would like to take Chaser’s Bar and change it to a teen
center. They have nothing right now except a bowling alley. Mayor Kelley asked Mr. Hammond to explain
exactly what he plans to have at the teen center. Mr. Hammond responded that he plans to have pool tables,
video games, dance floor and music and they will keep the decibel level down as Mr. Strickland has already
advised him to keep the music level down.

Mayor Kelley told Mr. Hammond that he has no objections to a good teen center as long as it’s run right,
keep it clean and kids inside and not outside making a lot of noise. If the City gets complaints from the
neighbors whether it’s music or noise from people on your property; it’s the same difference. Mr. Hammond
advised that he plans to have an off-duty officer in the parking lot. The teens will be either in or you leave
the premises.

Mayor Kelley said if you have a band, DJ or play any kind of music, you will still have to go through the decibel
level test before starting.

Ted Strickland pointed out that the City has regulations for getting out of line, lude behavior, putting hands
on each other. That may be an issue somewhere down the line. Mayor Kelley told Mr. Hammond this would
be his responsibility to keep this under control. His business hours will be Friday, Saturday and Sunday from
6:00 PM to 12:00 midnight. Monday through Thursday 3:00 PM to 9:00 for after school.

Fred Evans made a motion to approve; Fletcher Turner seconded, and passed unanimously.

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

Respectfully submitted,

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