---
date: 2022-11-14
title: Regular Council Meetings Agenda Packet
source: 2022-11/2022-11-14_Regular Council Meetings_Agenda Packet.pdf
pages: 1
---

STOCKBRIDGE Council Meeting
CITY COUNCIL Agenda
Mayor
November 14, 2022 6:00 PM
Anthony Ford
Mayor Pro Tem Alphonso Thomas
Councilman Elton Alexander
Councilwoman Yolanda Barber
Councilman John Blount
Councilwoman LaKeisha Gantt

CITY MANAGER
Frederick Gardiner

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

Website: www.cityofstockbridge.com
CITY ATTORNEY
Quinton G. Washington Phone: 770-389-7900
Jeremy T. Berry Fax: 770-389-7912
AGENDA
COUNCIL MEETING
CITY OF STOCKBRIDGE
MONDAY, NOVEMBER 14, 2022 6:00 PM

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

ADOPTION OF THE AGENDA

ADOPTION OF THE MINUTES
1 Draft Minutes September 12, 2022
2 Draft Minutes September 27, 2022

CEREMONIAL
3 Proclamation - Small Business Saturday and Lambda Sigma Sigma Alumnae
Chapter of Sigma Gamma Rho Sorority, Inc.

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

PUBLIC HEARING

4 FIRST READING - PROPOSED FY2023 Operating Budget and Capital
Improvement Plan

- Presented by: Frederick Gardiner, John Wiggins
Page | 3

5 ANNEXATION CASE #AX-2022-01 -- The City of Stockbridge Planning
Commission and the City of Stockbridge Mayor and City Council will hear an
Annexation Request by S3 Capital Investments, LLC, the Applicant,
represented by Battle Law, P.C., the Agent, to annex a parcel, as described
below, into the Stockbridge City Limits from unincorporated Henry County in
order to allow the parcel to be combined with an adjacent parcel for an age-
restricted residential development.

Parcel #071-01034012 – Subject property is in unincorporated Henry County,
with frontage on Highway 42 North, across from Summit View Drive. Currently
zoned ‘MU’ (Mixed-Use), with a land use designation of ‘MIX’ (Mixed-
Use). Contains 20.00 +/- acres. Located in Land Lot 31 of District 7.
NOTE This case was deferred at the October 10, 2022 City Council meeting to
be heard at the November 14, 2022 Council Meeting. - Presented by: Ryan
Anderson
6 COMPREHENSIVE PLAN AMENDMENT CASE #CP-2022-02 -- Consideration
of a Comprehensive Plan Amendment Request by S3 Capital Investments,
LLC, the Applicant, represented by Battle Law, P.C., the Agent, to change the
future land use designations of certain parcels, as are described below, from
‘Light Industrial’ and ‘Mixed-Use’ to ‘High-Density Residential’ in order to allow
for an age-restricted residential development.
Parcel #071-01034014—Located within the Stockbridge City Limits, with
frontage on Highway 42 North and situated at the end of Technology
Parkway. Applicant proposes to change the current land use designation from
‘Light Industrial’ to ‘High-Density Residential’. Contains 22.01 +/-
acres. Located in Land Lot 31 of District 7.
Parcel #071-01034012 – Subject property is in unincorporated Henry County,
with frontage on Highway 42 North, across from Summit View Drive. Applicant
proposes to change the current County land use designation of ‘Mixed-Use’ to
the City land use designation of ‘High-Density Residential’ after the parcel is
annexed into the Stockbridge City Limits. Contains 20.00 +/- acres. Located in
Land Lot 31 of District 7.
NOTE This case was deferred at the October 10, 2022 City Council meeting to
be heard at the November 14, 2022 Council Meeting. - Presented by: Ryan
Anderson
7 REZONING CASE #RZ-2022-02 -- Consideration of a Rezoning Request by S3
Capital Investments, LLC, the Applicant, represented by Battle Law, P.C., the
Agent, to rezone certain property from ‘OI’ (Office-Institutional) and ‘LI’ (Light
Industrial) in the Stockbridge City Limits and ‘MU’ (Mixed-Use) in
unincorporated Henry County to ‘PUD’ (Planned Unit Development) to allow for
an age-restricted residential development. The property contains two parcels,
as are listed below, with 42.01 +/- total acres.
Parcel #071-01034014—Located within the Stockbridge City Limits, with
frontage on Highway 42 North and situated at the end of Technology Parkway.
Currently zoned ‘OI’ (Office-Institutional) and ‘LI’ (Light Industrial). Property also
lies within the Parkway Mixed-Use Overlay District. Contains 22.01 +/-
acres. Located in Land Lot 31 of District 7.

November 14, 2022 6:00 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900
Page | 4

Parcel #071-01034012 – Subject property is in unincorporated Henry County,
with frontage on Highway 42 North, across from Summit View Drive. Currently
zoned ‘MU’ (Mixed-Use). Contains 20.00 +/- acres. Located in Land Lot 31 of
District 7.
NOTE This case was deferred at the October 10, 2022 City Council meeting to
be heard at the November 14, 2022 Council Meeting. - Presented by: Ryan
Anderson
8 COMPREHENSIVE PLAN AMENDMENT CASE #CP-2022-05 - John R.
Landers, Jr., applicant, requests a Comprehensive Plan Amendment to change
the future land use designation of Parcel #S27-02021000 (a.k.a. 443 MLK, Sr.
Heritage Trail) from ‘Medium-Density Residential’ to ‘Heavy Industrial’ to allow
for an industrial development. The property contains 1.962 +/- acres and it is
located in Land Lot 36 of District 12 within the Stockbridge City Limits. -
Presented by: Ryan Anderson
9 REZONING CASE #RZ-2022-06 John R. Landers, Jr., applicant, requests a
Rezoning to rezone Parcel #S27-02021000 (a.k.a. 443 MLK, Sr. Heritage Trail)
from ‘SR’ (Suburban Residential) to ‘HI’ (Heavy Industrial) to allow for an
industrial development. The property contains 1.962 +/- acres and it is located
in Land Lot 36 of District 12 within the Stockbridge City Limits. - Presented by:
Ryan Anderson
10 ZONING MODIFICATION CASE #ZM-2022-01 - Eaman Fatemi, Applicant and
Member of Pivotal Enterprises, LLC (Owner as Applicant), requests a Zoning
Modification to modify the previously-approved Rezoning Case #RZ-03-04 and
its Development Agreement (along with two amendments) to allow for the
proposed Brush Creek Commons townhome development. The applicant
requests various changes to the required amenities and site plan. The property
contains 15.895 +/- acres, with frontages on Brush Creek Court and Shields
Road. It is located in Land Lots 59 & 70 of District 12 within the Stockbridge
City Limits. - Presented by: Ryan Anderson

NEW BUSINESS
11 Grant Acceptance: Criminal Justice Coordinating Council (CJCC) - FY23 Law
Enforcement Training Grant in the amount of $17,495.00. - Presented by: Frank
Trammer, Karen Anderson
12 Grant Acceptance: Office of Community Oriented Policing Services (COPS) -
FY22 Law Enforcement Mental Health and Wellness Act (LEMHWA) Grant in
the amount of $175,000.00. - Presented by: Frank Trammer, Karen Anderson
13 Grant Acceptance: FY22 Department of Justice - Bulletproof Vest Partnership
Award. This funding is not awarded on the predicate of the City identifying and
confirming a cost match for a project. This funding is awarded to offset costs
the department has/will incur after April 1, 2022, for the purchase of bulletproof
vests. The offset amount is 50% and the Department of Justice will reimburse
to the City. The department has 56 bulletproof vests at a cost of $44,800. The
reimbursement amount awarded to the City is $22,400. The account to be used
for the receipt of the reimbursement is: 100-00000-334317. - Presented by:
Frank Trammer
November 14, 2022 6:00 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900
Page | 5

14 Council Consideration to approve the Resolution for the City of Stockbridge to
request remittance of 1.904 mills associated with former police services
provided by Henry County Police Department to City of Stockbridge residents
for police services (July 1, 2022 - December 31, 2022); and to amend the
Service Delivery Strategy (SDS) for police services. The City hereby withdraws
from the SDS agreement its need for police services by Henry County. Further,
the City requests and approves staff to amend the SDS agreement to reflect
the creation of the Stockbridge Police Department. The City further resolves
that this resolution be presented to Henry County as a request to end Henry
County policing the City of Stockbridge. Further, the City requests that the
County reimburse the City of Stockbridge for all money it is owed from July of
2022 forward. Further, if money is held for policing in the next calendar year,
the City requests that that money be sent to the City as well. The relevant
document is attached as Exhibit A. - Presented by: Frederick Gardiner
15 Council Consideration to approve the following dates for the Redevelopment
Plan public hearings and adoption ( November 29, 2022 First Reading and
December 12, 2022 adoption). - Presented by: Frederick Gardiner
16 Council Consideration to authorize the City of Stockbridge to publish a Notice of
Intent to take action to increase the annual compensation of the Mayor from
$14,400 to $22,000 and City Councilmembers from $12,000 to $20,000
effective January 1, 2024. - Presented by: Quinton Washington

ANNOUNCEMENTS OF UPCOMING MEETINGS & EVENTS
Council meetings will be held in the City Council Chamber. Meeting dates,
locations and times are subject to change. Please visit the city’s website
www.cityofstockbridge.com for the meeting invitation link, Facebook page or
contact City Hall offices at 770-389-7900 for updates.

 Downtown Development Authority Meeting, 600 p.m. Via Zoom - 3rd
Tuesday of each month Via Zoom (Nov 15)
 Youth Council Advisory Committee Meeting, 630 p.m. - 3rd Tuesday of
each month Levi Meeting Room - City Hall (Nov 15)
 Planning Commission Meeting, 4th Thursday at 630 p.m. City Hall
Council Chamber – (Nov 17)
 City Council Work Session Meeting, Tuesday at 600 p.m. – City Hall
Council Chamber (Nov 29)
 Main Street Advisory Board Meeting, 2nd Friday of each month 900 a.m.
City Hall Levi Meeting Room (Dec 9)
 City Council Meeting, Second Monday of each month – City Hall
Council Chamber (Dec 12)
 Youth Council Meeting, 630 p.m. - 2nd Monday of each month City Hall
Levi Meeting Room - City Hall (Dec 12)

UPCOMING CITY EVENTS/INITIATIVES

November 14, 2022 6:00 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900
Page | 6

 A Continuous Salute to Veterans Please forward pictures of Veterans
including name, branch, rank, and years of service as Mayor Pro Tem
Thomas presents a special tribute to our local veterans. Pictures
should be submitted to Rosalynd Rawls at rrawls@cityofstockbridge-
ga.gov Thank you for your service!
 Please join Councilwoman Barber for FREE Zumba on every Saturday
morning at Clark Community Park at 800 a.m. Come out for fitness in
the park!
 The City of Stockbridge will be distributing FREE Turkeys while
supplies last on Saturday, November 19th at the Merle Manders
Conference Center parking lot from 1000 a.m. to 100 p.m.
 Mayor Pro Tem Thomas and the Henry County Fire Department will be
distributing FREE Smoke Detectors while supplies last on Saturday,
November 19th in the parking lot of the Merle Manders Conference
Center from 1000 a.m. – 1200 p.m.
 Please join Mayor Ford for his monthly “Meet the Mayor” on Monday,
November 28th from 1000 a.m. – noon. Please contact Rosalynd Rawls
to schedule an in-person appointment at rrawls@cityofstockbridge-
ga.gov or call 678-833-3348
 Please join the City of Stockbridge for the Annual Holiday Festival
featuring Santa and Mrs. Claus, a Live Nativity Scene, Live
Entertainment, Inflatables, Rides, a DJ and Food Trucks on Thursday,
December 1st from 500 p.m. – 900 p.m. at the Stockbridge Amphitheater
parking lot.
 Please join the City of Stockbridge for the Annual Holiday Festival
featuring Santa and Mrs. Claus, a Live Nativity Scene, Live
Entertainment, Inflatables, Rides, a DJ and Food Trucks on Thursday,
December 1st from 500 p.m. – 900 p.m. at the Stockbridge Amphitheater
parking lot.
 Bingo is Back! Please join Councilman Blount on Wednesday,
December 7th from 10am – noon at the Merle Manders Conference
Center for lots of fun.

MAYOR'S COMMENTS (Mayor Anthony Ford)

EXECUTIVE SESSION (Exemptions to the Georgia Open Meetings Acts)

ADJOURNMENT

November 14, 2022 6:00 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900
COUNCIL MEETING
SUMMARY MINUTES
MONDAY, SEPTEMBER 12, 2022 6:00 P.M.
Mayor & City Council Administration
Mayor Anthony S. Ford Frederick Gardiner, City Manager
Mayor Pro Tem Alphonso Thomas Vanessa Holiday, City Clerk
Councilman Elton Alexander John Wiggins, City Treasurer
Councilwoman Yolanda Barber Quinton Washington, City Attorney
Councilman John Blount Jeremy T. Berry, City Attorney
Councilwoman LaKeisha Gantt
Mission: To provide visionary leadership and superior municipal services that enhance the
quality of life for citizens while creating a welcoming business atmosphere focused on
sustainability and expansion of tourism and cultural events.

The meeting was called to order by Mayor Ford.

Invocation by Mr. Charles Marshall.

Pledge of Allegiance was recited by all in attendance.

City Clerk, Vanessa Holiday was asked to proceed with a verbal roll call. All members
were in attendance.

Mayor Pro Tem Thomas motioned to amend the Agenda - To remove Item #13 for
Administrative Approval, and move Item #6, Item #7, and Item #8 to the October 10,
2022 Agenda pending a response from Henry County: Second by Councilwoman Gantt.
The motion passed 5-0.

Mayor Pro Tem Thomas motioned to adopt the Agenda: Second by Councilwoman
Gantt. The motion passed 5-0.

Councilman Blount motioned for the adoption of the Minutes: Second by Councilwoman
Gantt. The motion passed 5-0.
1. Council Meeting Draft Minutes - July 11, 2022
2. Work Session Draft Minutes - July 26, 2022

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

1|Page
Mr. Robert Payne referenced the increased number of Comprehensive Plan
Amendments presented to the city and asked the Council to consider the Land Use Plan
and per capita income.

CEREMONIAL
4. Mayor Ford presented proclamations for Hispanic Heritage Month, National Assisted
Living Week, National, Walk to End Alzheimer’s.
Ms. Sylvia Dennis received the proclamation asked everyone to wear purple on October
2nd for World Alzheimer’s Day and to join the Team for the Annual Walk on Saturday,
October 8th at Alexander Park in McDonough, GA.

5. Mayor Ford issued the Oath of Officer for the Swearing-In Ceremony to members of
the Citywide Development Authority Members- Cathy Hill, Mark Glenn, Samantha
Samuels, Kalesh Patidar

PUBLIC HEARING
6. ANNEXATION CASE #AX-2022-01 -- The City of Stockbridge Planning Commission
and the City of Stockbridge Mayor and City Council will hear an Annexation Request by
S3 Capital Investments, LLC, the Applicant, represented by Battle Law, P.C., the Agent,
to annex a parcel, as described below, into the Stockbridge City Limits from
unincorporated Henry County in order to allow the parcel to be combined with an
adjacent parcel for an age-restricted residential development.
Parcel #071-01034012 – Subject property is in unincorporated Henry County, with
frontage on Highway 42 North, across from Summit View Drive. Currently zoned ‘MU’
(Mixed-Use), with a land use designation of ‘MIX’ (Mixed-Use). Contains 20.00 +/-
acres. Located in Land Lot 31 of District 7.
NOTE: This item will be deferred pending a response from Henry County.
Presented by: Ryan Anderson
Item was moved to the October 10, 2022 Meeting

7. COMPREHENSIVE PLAN AMENDMENT CASE #CP-2022-02 -- Consideration of a
Comprehensive Plan Amendment Request by S3 Capital Investments, LLC, the
Applicant, represented by Battle Law, P.C., the Agent, to change the future land use
designations of certain parcels, as are described below, from ‘Light Industrial’ and
‘Mixed-Use’ to ‘High-Density Residential’ in order to allow for an age-restricted
residential development.
Parcel #071-01034014—Located within the Stockbridge City Limits, with frontage on
Highway 42 North and situated at the end of Technology Parkway. Applicant proposes
to change the current land use designation from ‘Light Industrial’ to ‘High-Density
Residential.’ Contains 22.01 +/- acres. Located in Land Lot 31 of District 7.
Parcel #071-01034012 – Subject property is in unincorporated Henry County, with
frontage on Highway 42 North, across from Summit View Drive. Applicant proposes to
change the current County land use designation of ‘Mixed-Use’ to the city land use
designation of ‘High-Density Residential’ after the parcel is annexed into the
Stockbridge City Limits. Contains 20.00 +/- acres. Located in Land Lot 31 of District 7.
NOTE: This item will be deferred pending a response from Henry County.
Presented by: Ryan Anderson
Item moved the October 10, 2022 Meeting

2|Page
8. REZONING CASE #RZ-2022-02 -- Consideration of a Rezoning Request by S3
Capital Investments, LLC, the Applicant, represented by Battle Law, P.C., the Agent, to
rezone certain property from ‘OI’ (Office-Institutional) and ‘LI’ (Light Industrial) in the
Stockbridge City Limits and ‘MU’ (Mixed-Use) in unincorporated Henry County to ‘PUD’
(Planned Unit Development) to allow for an age-restricted residential development. The
property contains two parcels, as are listed below, with 42.01 +/- total acres.
Parcel #071-01034014—Located within the Stockbridge City Limits, with frontage on
Highway 42 North and situated at the end of Technology Parkway. Currently zoned ‘OI’
(Office-Institutional) and ‘LI’ (Light Industrial). Property also lies within the Parkway
Mixed-Use Overlay District. Contains 22.01 +/- acres. Located in Land Lot 31 of District
Parcel #071-01034012 – Subject property is in unincorporated Henry County, with
frontage on Highway 42 North, across from Summit View Drive. Currently zoned ‘MU’
(Mixed-Use). Contains 20.00 +/- acres. Located in Land Lot 31 of District 7.
NOTE: This item will be deferred pending a response from Henry County.
Presented by: Ryan Anderson
Item moved the October 10, 2022 Meeting

9. REZONING CASE #RZ-2022-03 -- Consideration of a request for a change in zoning
from RR (Rural Residential District) to OI (Office-Institutional District) for 0.964 acres at
3884 Walt Stephens Road in Land Lot 25 of Section 12, comprising Parcel #031-
02012000. Application by CKC Commercial Properties, LLC, c/o Battle Law, P.C.
Presented by: Ryan Anderson
Mr. Anderson gave an overview of the development noting this is a request to rezone
property from RR (Rural Residential District) to O-I (Office-Institutional District) to allow
for a children’s speech therapy facility and the future land use designation of the subject
property is Public/Institutional; noted the property was annexed into the city in 2016 and
is currently is vacant; the current zoning located north of the property is MFR (Multiple
Family Residential District), south of the property is PUD (Planned Unit Development
District), east of the property is RR (Rural Residential District) and West of the property
is RR (Rural Residential District); C-1 (Neighborhood Commercial District); noted the
total square footage of the existing building is 2,475 ft. and the total number of proposed
parking spaces would be 10; noted the request to rezone the subject property to O-I is
consistent with the current Comprehensive Plan; The possible impact upon the adjacent
property owners, should the property be rezoned, is a small increase in vehicular traffic;
Rezoning the subject property will not affect the character of Walt Stephens Road. The
location of the proposed speech therapy facility will benefit Red Oak Elementary School
since it will help students who have difficulties with speech therapy; noted the site
appears to be suitable for the proposed rezoning with approved variances. Issues
regarding buffering, topography, drainage, access, size, and shape of the property will
be addressed; noted the variance requests will be heard concurrently with the rezoning.

Mr. Anderson noted the applicant will be seeking approval for the following variances:
1. A variance to reduce the minimum lot width from 125 to 96.37 feet; 2. A variance to
reduce the eastern section of the property from 50 feet to 0 feet; and 3. A pending
variance to reduce the western section of the property from 50 feet to 0 feet. Staff
recommends approval with conditions for the proposed rezoning from RR (Rural
Residential District) to O-I (Office‐Institutional District) with the following conditions:

3|Page
• Variance approval to reduce the minimum lot width from 125 to 96.37 feet.
• Variance approval to reduce the eastern section of the property from 50 feet to 0 feet.
• Variance approval to reduce the western section of the property from 50 feet to 0 feet.

Questions addressed by Attorney Michele Battle, representative for the applicant.

Ms. Battle noted if approved, the landscaping requirements would be included to allow
the owner of the land to be responsible for making sure the landscaping is maintained.

Public Hearing Opened
No Speakers in Favor
No Speakers Opposed
Public Hearing Closed

Councilwoman Gantt motioned to approve as recommended by staff with added
Landscaping Conditions: Second by Councilman Alexander. The motion passed 5-0.

10. VARIANCE CASE #VR-2022-02 -- Consideration of a request for (1) a variance to
reduce the required minimum lot width of 125 feet to 96.37 feet; (2) a variance to reduce
the buffer on the eastern side from 50 feet to 0 feet; and (3) a variance to reduce the
buffer on the western side of the property from 50 feet to 0 feet for 0.964 acres at 3884
Walt Stephens Road in Land Lot 25 of District 12, comprising Parcel #031-
02012000. Application by CKC Commercial Properties, LLC, c/o Battle Law, P.C.
Presented by: Ryan Anderson
Mr. Anderson gave an overview of the variance requests; noted the property’s’ front
section is 100 ft. in the rear and is very narrow which does not meet the minimum live
requirements of the Unified Development Code (UDC); noted the reduction of the buffer
would allow any necessary development of the property and seeing the building is not
125 ft. which is required by development standards of the OI Zone (Office-Institutional),
the applicant cannot use it for institutional purposed; however, by reducing the minimal
lot width from 125 ft to 96.37 ft. the applicant can utilize the existing building for
institutional purposes; noted granting the variance requested will not confer upon the
property owner and special privileges that are denied to other owners of property in the
same zoning district, the requested variances will be consistent with the purposes and
intent of the UDC and will be compatible with uses on neighboring properties; and by
approving the requested variances, the subject property will be used to assist children
who need speech therapy assistance; noted the variance request is not a request to
permit a use of land, building or structures that is prohibited in the same zoning district
and staff recommends approval of the three variances.

Questions addressed by Attorney Michele Battle, representative for the applicant.

Public Hearing Opened
No Speakers in Favor No Speakers Opposed
Public Hearing Closed
Councilman Blount motioned to approve as recommended by staff: Second by
Councilman Alexander. The motion passed 5-0.

4|Page
11. COMPREHENSIVE PLAN AMENDMENT CASE #CP-2022-03 -- Consideration of a
request for an amendment to the City of Stockbridge Comprehensive Future Land Use
Plan from Low-Density Vertical Mixed-Use to High Density Residential to allow for a
mixed-use residential development. Application by Highway 138/Spivey Road Land
Assemblage, LLC, represented by Randy Stamey, the Agent. The property contains
26.5 +/-total acres within twelve (12) parcels in Land Lot 42 of District 12, as are listed
below, within the Stockbridge City Limits.
Parcel #012-02013001—Located on the south side of Highway 138 West / Lake Spivey
Parkway, across from Glen Devon Road. Contains 14.01 +/- acres. Zoned ‘RR’ (Rural
Residential).
Parcel #012-02009051—Located on Spivey Road, south of Tributary Parkway. Contains
7.40 +/- acres. Zoned ‘SR’ (Suburban Residential).
Parcel #012D01001000—Located at 1225 Highway 138 West, west of Tributary
Parkway. Contains 1.444 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01012000—Located at the southeast corner of Tributary Parkway and
Berkeley Drive. Contains 0.501 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01004000—Located at 1300 Berkeley Drive, between Tributary Parkway
and Star Creek Drive. Contains 0.475 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01005000—Located at the southwest corner of Berkeley Drive and Star
Creek Drive. Contains 0.375 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01006000—Located at 1660 Starr Circle. Contains 1.018 +/- acres. Zoned
‘C-2’ (General Commercial).
Parcel #012D01007000-- Located at 1600 Starr Circle. Contains 0.731 +/- acres. Zoned
‘C-2’ (General Commercial).
Parcel #012D01008000—Located at 1650 Starr Circle. Contains 0.968 +/- acres. Zoned
‘C-2’ (General Commercial).
Parcel #012D01009000—Located at 1700 Starr Circle. Contains 1.21 acres. Zoned ‘C-
2’ (General Commercial).
Parcel #012D01010000-- Located at the northwest corner of Berkeley Drive and Spivey
Road. Contains 0.737 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01011000—Located at the southeast corner of Berkeley Drive and Starr
Circle. Contains 0.799 +/- acres. Zoned ‘C-2’ (General Commercial).
Presented by: Ryan Anderson
Mr. Anderson gave an overview of the development; noted the proposed mixed-
residential development would include 318 apartments and 50 townhomes with a
proposed density rate of 13.8 units/acre which falls in the high-density residential land
use designation; noted the high-density residential land use category has a range of 6
to 16 units/acre and the current property includes 12 parcels; noted north of the property
is Glen Devon Subdivision, south is Spivey Ridge Subdivision, west is vacant land and
east is Baileys Estates Subdivision; noted the property is currently not consistent with
the comprehensive land use designation of low-density vertical mixed use and the
existing designation calls for low rise buildings with commercial use on the ground floor
and residential on the upper floors; noted the applicant wants to develop a residential
development with apartments and townhomes and has requested a comprehensive
plan amendment to change the property land use designation to high density with the
applicant wishing to not to develop the types of uses which low density vertical mixed
use future land use designation calls for; noted the proposed ‘High-Density Residential’
land use designation for the subject property is reasonable due to the property’s
frontage on Highway 138 West, which is a state highway, where higher densities are
5|Page
appropriate; and noted due to the subject property’s frontage on Highway 138 West,
which is a state highway, it is unlikely that the property would be developed with the
types of uses which are called for by the existing Low-Density Vertical Mixed-Use
designation. Mr. Anderson noted staff recommends approval.

Councilman Alexander inquired if it was staff’s desire to match the city’s high density
with the surrounding jurisdictions and the price to develop.

Mr. Anderson confirmed and noted due to the changing conditions of the expanding
population in the city, the high-density category is more for suburban areas.

Mr. Murray noted the development is estimated at close to $100 million project.

Presentation of the development and questions addressed by Zack Murray and
Jonathon Schrader of Tellus Partners, and founders and owners Jamie and Jilea
Hemmings of Nourish +Bloom.

Councilwoman Gantt inquired on the type of commercial businesses that would be
opening.

Mr. Murray noted currently there will be a smoothie bar, cabana bar and grill, sports bar,
brunch restaurant and currently have other leases that have been signed.

Councilwoman Baber inquired on the access for both residential and commercial.

Mr. Murray noted the main access point would be Tributary Pkwy. with another egress
on the opposite side of the plaza and two on Spivey Rd.

Public Hearing Opened

Speakers in Favor
Mr. Charles Marshall, McDonough GA Henry County
Ms. Mindy Mayers, McDonough, GA Henry County
Ms. Grace C. Stockbridge, GA Henry County
Dr. Michele G. Roberts, Stockbridge, GA, Henry County (submitted a letter of support).

Speakers Opposed
Mr. Charles Williams Jonesboro, GA., Henry County
Ms. Marion D. Calhoun, Jonesboro, GA, Henry County
Mr. Robert Payne, Stockbridge, GA, Listed Clayton & Henry County
Ms. Sherry Bivins, Jonesboro, GA, Clayton County
Ms. Melissa Calandro, Jonesboro, GA, Clayton County
Mr. Shaun Fulks, Jonesboro, GA, Clayton County
Mr. Tim Koby, Jonesboro, GA, Clayton County
Mr. Robert Delk, Jonesboro, GA, Henry County
Ms. Jane Lee, Jonesboro, GA, Clayton County
Mr. Bruce Smith, Sr. McDonough, GA, Henry County

Public Hearing Closed
6|Page
Councilman Alexander motioned to approve as recommended by staff: Second by
Councilwoman Barber. The motion passed 4-0-1 (Blount Abstained; noting questions
remained unanswered).

12. REZONING CASE #RZ-2022-04 -- Consideration of a request for a change in
zoning for 26.5 +/-total acres from ‘RR’ (Rural Residential), ‘SR’ (Suburban Residential),
and ‘C-2’ (General Commercial) to ‘PUD’ (Planned Unit Development) to allow for a
mixed-use residential development. Application by Highway 138/Spivey Road Land
Assemblage, LLC, represented by Randy Stamey, the Agent. The property contains
twelve (12) parcels in Land Lot 42 of District 12, as are listed below, within the
Stockbridge City Limits.
Parcel #012-02013001—Located on the south side of Highway 138 West / Lake Spivey
Parkway, across from Glen Devon Road. Contains 14.01 +/- acres. Zoned ‘RR’ (Rural
Residential).
Parcel #012-02009051—Located on Spivey Road, south of Tributary Parkway. Contains
7.40 +/- acres. Zoned ‘SR’ (Suburban Residential).
Parcel #012D01001000—Located at 1225 Highway 138 West, west of Tributary
Parkway. Contains 1.444 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01012000—Located at the southeast corner of Tributary Parkway and
Berkeley Drive. Contains 0.501 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01004000—Located at 1300 Berkeley Drive, between Tributary Parkway
and Star Creek Drive. Contains 0.475 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01005000—Located at the southwest corner of Berkeley Drive and Star
Creek Drive. Contains 0.375 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01006000—Located at 1660 Starr Circle. Contains 1.018 +/- acres.
Zoned ‘C-2’ (General Commercial). Parcel #012D01007000-- Located at 1600 Starr
Circle. Contains 0.731 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01008000—Located at 1650 Starr Circle. Contains 0.968 +/- acres. Zoned
‘C-2’ (General Commercial).
Parcel #012D01009000—Located at 1700 Starr Circle. Contains 1.21 +/- acres. Zoned
‘C-2’ (General Commercial).
Parcel #012D01010000-- Located at the northwest corner of Berkeley Drive and Spivey
Road. Contains 0.737 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01011000—Located at the southeast corner of Berkeley Drive and Starr
Circle. Contains 0.799 +/- acres. Zoned ‘C-2’ (General Commercial). - Presented by:
Ryan Anderson
Presented by: Ryan Anderson
Mr. Anderson gave an overview of the development presented; noted the proposed
project meets one of the main goals of the purpose and intent of the city’s unified
development code and can serve as a catalyst for future commercial development;
noted the proposed project is a mixed-residential apartments with townhomes; however,
it does not meet the threshold of a regional development review.; noted seeing the
proposed project will be located along a state roadway, Georgia DOT and Henty County
DOT will be required to be consulted in the design of the transportation network of the
development including ingress and egress; noted the proposed development would
meet purposes of the Parkway Mixed-Use Overlay District and would feature a
balanced mixture of residential densities and proposed commercial uses; noted the

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properties as currently zoned are less likely to be developed than a high-density mixed-
use development due to the property’s location on a State highway, Reeves Creek
Tributary, and other challenges and only a high-density development would be feasible;
and noted the rezoning of the property to PUD would allow for flexibility in design and
greater usage of the total site area; staff recommends approval with conditions:

1. The project will be developed on conformance with the City of Stockbridge
Unified Development Code and all other City Codes sections regarding site
development standards and requirements
2. The approval of Case #CP-2022-02 to change the property’s future land use
designation from Low-Density Vertical to High-Density Residential shall occur
simultaneously with the approval of Case #RZ-2022-04 for the rezoning of the
property
3. The rezoning shall not be finalized until the applicant receives approval from
Mayor/Council for Recombination Plat Case #RC2022-01 and this shall not be
finalized until a new plat is officially recorded by the Henry County Superior Court
4. Regarding the Issuance of Land Disturbance and Building Permits- No land
disturbance or building permit shall be issued for the subject property until the
applicant has had the new recombination plat officially recorded and has
submitted a copy of the recorded plat to the Community Development
Department.

Questions addressed by Zack Murray and Jonathon Schrader of Tellus Partners.

Public Hearing Opened

No Speakers in Favor

Speakers Opposed:
Mr. Robert Payne, Stockbridge, GA, Henry County

Public Hearing Closed

Councilman Alexander motioned to approve as recommended by staff and development
shall be constructed as presented in the renderings presented during the Council
meeting of September 12, 2022: Second by Councilwoman Barber. The motion passed
5-0.

13. RECOMBINATION PLAT CASE #RC-2022-01 -- Consideration of a request for
combination plat approval for 26.5 +/-total acres in Land Lot 42 of District 12 within the
Stockbridge City Limits. Application by Highway 138/Spivey Road Land Assemblage,
LLC, represented by Randy Stamey, the Agent, to assemble twelve (12) parcels of land
that are listed below to form a development site for a mixed-use residential
development.
Parcel #012-02013001—Located on the south side of Highway 138 West / Lake Spivey
Parkway, across from Glen Devon Road. Contains 14.01 +/- acres. Zoned ‘RR’ (Rural
Residential).
Parcel #012-02009051—Located on Spivey Road, south of Tributary Parkway. Contains
7.40 +/- acres. Zoned ‘SR’ (Suburban Residential).
8|Page
Parcel #012D01001000—Located at 1225 Highway 138 West, west of Tributary
Parkway. Contains 1.444 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01012000—Located at the southeast corner of Tributary Parkway and
Berkeley Drive. Contains 0.501 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01004000—Located at 1300 Berkeley Drive, between Tributary Parkway
and Star Creek Drive. Contains 0.475 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01005000—Located at the southwest corner of Berkeley Drive and Star
Creek Drive. Contains 0.375 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01006000—Located at 1660 Starr Circle. Contains 1.018 +/- acres. Zoned
‘C-2’ (General Commercial).
Parcel #012D01007000--Located at 1600 Starr Circle. Contains 0.731 +/- acres. Zoned
‘C-2’ (General Commercial).
Parcel #012D01008000—Located at 1650 Starr Circle. Contains 0.968 +/- acres. Zoned
‘C-2’ (General Commercial).
Parcel #012D01009000—Located at 1700 Starr Circle. Contains 1.21 acres. Zoned ‘C-
2’ (General Commercial).
Parcel #012D01010000-- Located at the northwest corner of Berkeley Drive and Spivey
Road. Contains 0.737 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01011000—Located at the southeast corner of Berkeley Drive and Starr
Circle. Contains 0.799 +/- acres. Zoned ‘C-2’ (General Commercial).
Presented by: Ryan Anderson
Item Removed from the Agenda for Administrative Approval.

NEW BUSINESS
14. Council consideration to appoint a member to the Citywide Development Authority.
Presented by: Quinton Washington, City Attorney
Attorney Washington noted the Development Authority has a vacancy to fill and brought
forward the application of Mr. Gadson Woodall.

Mayor Ford inquired about discussing during Executive Session.

It was a consensus of the Council to move forward with the appointment.

Councilman Alexander motioned to appoint Gadson Woodall: Second by Councilwoman
Barber. The motion passed 3-0-2 (Blount/Gantt Abstained).

15. Council Consideration to approve the renewal of the landscape maintenance
services contract with Yellowstone Landscape in the amount of $326,916.00. Funding
source: Government Buildings Department, Amphitheater and Police Department
budgeted funds.
Presented by: Decius Aaron, Public Works Director
Mr. Aaron noted this is a request to renew the landscaping maintenance contract with
Yellowstone, and this would be the first renewal under the contract.

Councilman Alexander asked who would maintain the property off East Atlanta during
the East Atlanta widening project.

Mr. Aaron noted Yellowstone does not maintain that area and it would be maintained by
Public Works.
9|Page
Councilman Blount thanked Public Works and expressed his concerns about the old
fountain and who would maintain it and overgrown crepe myrtles off East Atlanta Rd.

Mr. Aaron noted the landscaping crew is following the recommendations made by the
Arborist and only cuts the crepe myrtles in the fall and not during the growing seasons.

Mayor Pro Tem Thomas asked that Mr. Aaron confirm that tree trimming by Yellowstone
only includes those trees within the scope of work in their contract and not any areas in
the city. Mr. Aaron confirmed.

Councilwoman Barber asked if there was a contract to maintain the Amphitheater.

Councilwoman Gantt motioned to approve the renewal of the landscape maintenance
services contract with Yellowstone Landscape in the amount of $326,916.00: Second by
Councilman Blount. The motion failed 2-0-2 (Barber/Thomas Abstained). Councilman
Alexander was not present for the vote.

Councilwoman Gantt withdrew her motion.

Councilwoman Barber referenced the policy approved by the City Council to bring
forward all contracts 120 days prior to the contract expiring and leaves the Council no
choice but to approve this contract to avoid a lapse in service.

Attorney Washington noted legal is taking full responsibility for this contract being
delayed and coming before the Council due to the Anti-litem noticed and had
reservation going forward and would like to discuss during Executive Session.

COMMENTS FROM THE MAYOR
Mayor Ford noted we are still in a pandemic; noted vaccinations are available at the
Henry County Health Department from 9am – 11:30 am and 1pm – 2:30 pm at 135 Henry
Parkway or call their office at 470-664-0005 for more information; noted COVID Testing is
available throughout the county and also taking place at Red Hawk Field on Henry
Parkway Mon., Wed., and Fri. from 9am – 3pm; noted the CDC recommends everyone
who is eligible to get their 2nd booster and noted the CDC is treating the COVID booster
like an annual flu shot; noted you can also contact the Department of Health regarding the
Monkey Pox testing and vaccination; Mayor Ford reflected on the city’s 9/11
remembrance ceremony noting he was unable to attend and thanked the city officials
Councilwoman Barber and Chief Trammer who were present and thanked
Representative El Mahdi Holly, Sheriff Scandrett, and Bishop Irvine Bryer for participating
along with Stockbridge High School Cadets.

UPCOMING MEETINGS & ANNOUNCEMENTS: Council meetings will be held in the City
Council Chamber. Meeting dates, locations and times are subject to change. Please visit
the city’s website www.cityofstockbridge.com for the meeting invitation link, Facebook page
or contact City Hall offices at 770-389-7900 for updates.
 Youth Council Meeting, 5:30 p.m. - 2nd Wednesday of each month City Hall Levi
Meeting Room - City Hall (Sep 14)

10 | P a g e
 Downtown Development Authority Meeting, 6:00 p.m. Via Zoom - 3rd Tuesday of
each month Via Zoom (Sep 20)
 Youth Council Advisory Committee Meeting, 6:30 p.m. - 3rd Tuesday of each month
Levi Meeting Room - City Hall (Sep 20)
 Planning Commission Meeting, 4th Thursday at 6:30 p.m. City Hall Council Chamber
– (Sep 22)
 City Council Work Session Meeting, Tuesday at 6:00 p.m. – City Hall Council
Chamber (Sep 27)
 City Council Meeting, Second Monday of each month – City Hall Council Chamber
(Oct 10)
 Main Street Advisory Board Meeting, 2nd Friday of each month 9:00 a.m. City Hall
Levi Meeting Room (Oct 14)

UPCOMING CITY EVENTS/INITIATIVES
 A Continuous Salute to Veterans: Please forward pictures of Veterans including
name, branch, rank, and years of service as Mayor Pro Tem Thomas presents a
special tribute to our local veterans. Pictures should be submitted to: Rosalynd
Rawls at rrawls@cityofstockbridge-ga.gov Thank you for your service!
 Please join Councilwoman Barber for FREE Zumba on every Saturday morning at
Clark Community Park at 8:00 a.m. Come out for fitness in the park!
 Main Street will host the movie on the City Hall Lawn featuring (Spiderman),
Saturday, October 7th. The fun starts at 7:00 p.m. Bring your lawn chairs and
blankets!
 BridgeFest is Back! Are you ready for a day filled with family fun and a great festive
atmosphere, delicious food trucks, and entertainment featuring the Parliament
Funkadelic. Join us Saturday, September 24th at the Stockbridge Amphitheater with
activities beginning at 2:00 p.m. Contact our Events staff for vendor information at
770-389-5982.
 Here is your opportunity to Meet the Mayor, and voice your questions and/or
concerns Monday, September 27th from 10 a.m. to noon (In-Person). Please contact
Rosalynd Rawls to schedule an appointment. 770-389-7900 ext. 248.
 The City of Stockbridge will host an in-person Annexation Town Hall Meeting
Thursday, September 29th at 6:30 p.m. at the Monarch Village Clubhouse 240
Monarch Village Way, Stockbridge. Come out to learn the facts about the
Annexation Referendum, Neighborhoods in the proposed area, benefits of
Stockbridge Annexation and proposed council districts.

UPCOMING CONCERTS
 T.I., Waka Flock, and Dem Franchise Boyz, Friday, September 16th.
 SC State University – Variety of Performers, Saturday, September 17th
 HispaniFest, Saturday October 1st
 Charlie Wilson, Friday, October 14th
 Keith Sweat, Saturday, October 29th
 Rick Springfield and Tommy Tutone, Saturday, October 30th

11 | P a g e
EXECUTIVE SESSION

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

Councilman Blount motioned to adjourn Executive Session: Second by Councilwoman
Gantt. The motion passed 3-0. (Alexander and Barber were not present for the vote).

Councilwoman Gantt motioned to reconvene the meeting: Second by Councilman Blount.
The motion passed 3-0. (Alexander and Barber were not present for the vote).

Councilwoman Gantt motioned to Reconsider Item #15: Second by Councilman Blount.
The motion passed 3-0. (Alexander and Barber were not present for the vote).

Councilwoman Gantt motioned to approve Item #15: Second by Councilman Blount. The
motion passed 3-0. (Alexander and Barber were not present for the vote).

ADJOURN

Councilwoman Gantt motioned to adjourn: Second by Councilman Blount. The motion
passed 3-0. (Alexander and Barber were not present for the vote).

Respectfully submitted by:

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

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WORK SESSION MEETING
SUMMARY MINUTES
TUESDAY, SEPTEMBER 27, 2022 6:00 P.M.
Mayor & City Council Administration
Mayor Anthony S. Ford Frederick Gardiner, City Manager
Mayor Pro Tem Alphonso Thomas Vanessa Holiday, City Clerk
Councilman Elton Alexander John Wiggins, City Treasurer
Councilwoman Yolanda Barber Quinton Washington, City Attorney
Councilman John Blount Jeremy T. Berry, City Attorney
Councilwoman LaKeisha Gantt
Mission: To provide visionary leadership and superior municipal services that enhance the quality of life
for citizens while creating a welcoming business atmosphere focused on sustainability and expansion
of tourism and cultural events.
The meeting was called to order by Mayor Pro Tem Thomas.

Invocation by Mayor Pro Tem Thomas.

Pledge of Allegiance was recited by all in attendance.

City Clerk, Vanessa Holiday was asked to proceed with a verbal roll call. All members were in
attendance except Mayor Ford.

Councilwoman Gantt motioned to amend the Agenda to Remove #9, and to hear Item #12
following Executive Session: Second by Mayor Pro Tem Thomas. The motion passed 5-0.

Councilwoman Gantt motioned to amend the Agenda to allow for a Recess from 7:00 pm to
7:20 to Greet the Emerging Business Leaders group at the Amphitheater: Second by
Councilwoman Barber. The motion passed 5-0.

Councilwoman Gantt motioned to adopt the Agenda as amended: Second by Mayor Pro Tem
Thomas. The motion passed 5-0.

REVIEW OF THE MINUTES – No Action
1 Draft Minutes Council Meeting August 8, 2022
2 Draft Special Called Meeting Minutes August 15, 2022
3 Draft Work Session Meeting Minutes August 30, 2022

PUBLIC COMMENTS - All persons wishing to speak for public comment must sign in with the
City Clerk prior to the beginning of the meeting noting your name, address, and phone number.
You will be allotted three (3) minutes. Speakers must respect all members of the elected body,
officials, and staff. Defamation, unruliness and/or swearing will not be tolerated. None

1|Page
PRESENTATION
4. Parks Master Plan Update
Presented by: Decius Aaron, Public Works Director and TSW Staff, Beverly Bell, and
Bryan Bays
Ms. Bell noted the goals with the conceptual design phase are high level ideas for each park
and the goals for existing parks will provide the framework that will lay the groundwork for
the schematic designs; noted Clark Park is the most popular park and citizens utilize the
walking trail, playgrounds and pavilions with citizens wanting to see walking trails within the
park, public art, sprots courts, community gardens, aquatic center or splash pad, and better
dog parks.

Mr. Bay proposed options for Memorial Park entrance which would be a two-way traffic
connection off Wilson St.; acquire the two end houses off Jennings Way to add more parking
and secondary trail head to Reeves Creek Trail and to make Jennings Way a one-way street
heading North to South into the park with an exit off Wilson Street; noted the three options for
Memorial Park would be to: Option 1 - expand parking up to 100 parking spaces, create the
main park entrance off of MLK Senior Heritage Trail, upgrade the two existing playgrounds,
add public art along the trail, upgrade the basketball courts with shaded seating, improve the
rest; Option 2- Jennings Way being the main entrance, rotate the parking lot to add 140
spaces, new restrooms, splash pad would be optional and smaller pavilions, two full
basketball courts near parking; Option 3- expanding into the waste transfer site by including
land already owned by city which would create secondary entrance with own parking lot, new
restrooms, area for splash pad, new pavilions, maintaining existing basketball court with an
additional added with seated shade area, opportunities to add community garden.
Councilwoman Gantt proposed looking into the new trend of incorporating art sculptures with
the playground equipment.
Mr. Bay referenced two concepts for Clark Park which are Active and Passive; noted the
active park would include restored stream bank, create a tunnel connection to Gardner Park,
add new restrooms near activity areas, relocate dog park to behind the Merle Manders
Conference Center, add way find signs; noted the passive park would include the same
designs as the active but would include reconfigure parking lot at Burke/Davis Rd to
accommodate six pickleball courts and expand parking lot at Creek/Davis Rd.; noted one
concept for Garner Park which would be to acquire land for sell to expand the park to the
south and add additional parking spaces, provide ADA access to pavilions, tennis courts and
playgrounds, stream restoration, add connections to Clark Park and walking trail, add way
find signs and shade to play areas.
Councilwoman Gantt suggested the addition of tennis courts that could be converted to
pickleball courts with lines specifically drawn.
Mayor Pro Tem Thomas inquired on the timeline to implement the Master Parks Plan.
Ms. Bell noted the next steering committee meeting will be held in October followed by other
meetings until January; schematic design phase would be next which would last until March
of 2023.
2|Page
5. Presentation on Citizen Police Advisory Council
Presented by: Frank Trammer, Chief of Police
Chief Trammer noted the mission of the Stockbridge Citizen-Police Advisory Council is to
develop and maintain a partnership with the Police Department for the purpose of engaging
in a collaborative problem-solving process that supports both the community and the Police
Department’s desire to enhance public safety; noted the purpose is to promote an
atmosphere of trust between the community and the Police Department, to increase
transparency, to create sustainable partnerships throughout the community, to provides an
opportunity to engage and empower residents to be more informed and involved in providing
recommendations related to law enforcement policies, procedures, practices, and programs;
noted the roles and functions would be to serve as a liaison between the police department
and the community, recommend programs, ideas, and methods to improve the relationship
between the police and the community, serve as a problem-solving partner to help address
public safety related concerns; conduct research, generate new ideas or solutions, or
provide informed recommendations on public safety policies, practices, and programs, hold
public meetings to discuss issues surrounding police matters and perform other duties as
prescribed by the Council; noted the requirements that each member must be a city
resident, business owner, or clergy member residing in or operating a business, or place of
worship within the City of Stockbridge, verifiable direct law enforcement experience or,
complete the Stockbridge Police Department Citizens Police Academy and complete a
minimum 4-hour class provided by City of Stockbridge Police Department on use-of-force
procedures, force-on-force training and laws, and complete a minimum oftwo2 ride-a-longs
with a patrol officer, pass a limited background check with no felony convictions or
convictions for a crime of moral turpitude, have no misdemeanor convictions within one year
of application; noted the composition will be composed of twelve members with one member
appointed by the Mayor, one member appointed by each council member, one member
selected from each of the four patrol zones, one member selected from the business
community, and one member selected from the faith-based community; noted Chief of
Police or his designee shall serve as Director of the Stockbridge Police Department Citizen-
Police Advisory Council; noted selected members will be nominated by the Chief of Police
for their professionalism, integrity, and commitment to the community; noted half of the
members will serve a one-year term, and half will be selected to serve a two-year term; with
the determination of terms by lottery; noted members shall serve no more than two years
total, except those selected to serve a one-year term, and if a member resigns, moves or is
otherwise removed during their term, the Council and/or the Chief of Police may appoint a
new member to serve the remainder of that term and noted terms will expire on December
31 of each year. Council advised they will review the proposal and follow up with questions
and/or comments prior to approval.

NEW BUSINESS
6. Council Consideration to Amend the Stockbridge Code of Ordinances, Chapter 11.26,
Section 11.26.040- Noise Nuisances- Specific prohibitions.
Presented by: Frank Trammer, Chief of Police
Chief Trammer presented the noise ordinance noting areas in the code that would mirror
Henry County and restrict early morning lawn equipment use.

There was a consensus of the Council to mirror Henry County as it relates to the decibels,
and to allow for use of lawn equipment on Sunday and amend the start time to 6:30 a.m.

3|Page
Councilman Alexander motioned to approve the amendment of the Stockbridge Code of
Ordinances, Chapter 11.26, Section 11.26.040- Noise Nuisances- Specific prohibitions with
the following modifications: Mirror the Henry County Code as it relates to the decibels and
consistency; adopt the Henry County threshold; remove lawn equipment restrictions for
Sunday; and amend the start time to 6:30 a.m. seven days per week for lawn equipment:
Second by Councilwoman Barber. The motion passed 5-0.

7. Council Consideration to award the Request for Proposal (RFP) No. 2022-0012 of an
Atlanta Regional Commission Grant to Keck & Wood Collaboration & Design firm to develop
a feasibility study and concept plan for Downtown Stockbridge Pedestrian & Bicycle
Connectivity facilities. Total grant amount is $125,000.00. City of Stockbridge match is
$25,000.00. Keck & Wood will be awarded $98,000.00 as submitted in the bid.
Presented by: Ryan Anderson, Chief Planner

Mr. Anderson noted staff is requesting approval to award a new contract to Keck & Wood
Collaboration & Design firm to develop a feasibility study and concept plan for Downtown
Stockbridge Pedestrian & Bicycle Connectivity facilities; noted the total grant amount is
$125,000, 80% of which will be reimbursed to the city and the Local Matching Grant amount
is 20% or $25,000.00; noted the purpose of the contract is to provide a full scope of work
outlined with the subgrant agreement to conduct a feasibility with a timeline for a date of
completion by September 30,2023; and noted the study will cover an area of .8 miles and
will include US 23, Burke Street, Love Street, Jim Clark Drive, MLK Senior Heritage Trail,
and Lovejoy Street.

Councilman Alexander inquired on a timeframe and if there were infrastructure monies to
use. Mr. Robert with Keck & Wood Collaboration & Design noted the drop-dead date on the
sub grant with the Atlanta Regional Commission is September 23, 2023, and a couple of
years before seeing improvements implemented. Mr. Gardiner noted some monies have
been set aside for trail implementation with the goal of trying to leverage funds with outside
funds the city can get. Mr. Gardiner also noted staff received a federal notification of grants
for $250 million, up to $2 million per project and one eligible for the grants are sidewalks and
trail improvements.

Councilwoman Gantt asked for the difference between the Master Trail Plan versus the
Bicycle Connecting Train Plan.

Mr. Robert with Keck & Wood noted there will be more detailed construction cost estimates,
environmental team will look at identify environmental resources and get a good concept on
paper with the ARC (Atlanta Regional Commission).

Mr. Ryan gave an overview of the plan and scope of work for the Feasibility Study and
Concept Plan for the Downtown Stockbridge Pedestrian & Bicycle Connectivity Facilities,
noting the amount submitted to Keck & Wood would equal $98,000 as was presented in
their bid for services.

4|Page
Councilman Alexander motioned to approve to award the Request for Proposal (RFP) No.
2022-0012 of an Atlanta Regional Commission Grant to Keck & Wood Collaboration &
Design firm to develop a feasibility study and concept plan for Downtown Stockbridge
Pedestrian & Bicycle Connectivity facilities. Total grant amount is $125,000.00. City of
Stockbridge match is $25,000.00. Keck & Wood will be awarded $98,000.00 as submitted in
the bid: Second by Councilwoman Gantt. The motion passed 5-0.

8. Council consideration to approve change order from Summit Construction for Amphitheater
parking lot improvements on North Lee Street and landscape and sidewalk improvements
from the Amphitheater to Bryant Street in the amount of $801,554.00. Funding source is
from SPLOST IV.
Presented by: Decius Aaron, Public Works Director and Skip Layton and Adam Price of
Falcon Design Consultants

Mr. Aaron noted this is an item that came out of one of the retreats in March of 2021 with
conversations about the parking spaces on Lee Street which was a part of the original plans,
but they were removed, mayor and council tasked falcon is designed to come back with the
plan adding those parking spaces on Lee Street along with some beautification projects.

Mr. Price of Falcon Design Consultants noted there where three options: do a change order
with the current contractor for the East Atlanta Lee Street project, put it out to bid or to table
it all together now; and noted the project would add a 10’ foot trail on the north side of the
amphitheater entrance with retaining walls, 91 additional parking spaces, stormwater
improvements, and two more detention ponds would need to be placed to meet code.

Mayor Pro Tem Thomas inquired on the funding source.

Mr. Aaron noted it would come out of SPLOST IV funds.

Councilwoman Barber inquired on the SPLOST balance and if funding was budgeted.

Mr. Wiggins noted he does not recall if it was budgeted, however, the original plan was part
of the $3 million that was allotted for Lee Street.

Councilman Blount motioned to approve change order from Summit Construction for
Amphitheater parking lot improvements on North Lee Street and landscape and sidewalk
improvements from the Amphitheater to Bryant Street in the amount of $801,554.00:
Second by Councilman Alexander. (Blount rescinded his motion).

Mr. Price referenced the quote submitted by Summit and asked the Council to allow him to
go back and negotiate with the vendor as he sees areas that should be reduced or have the
vendor explain the quoted price; and stated he would have the information to present back
to the City Council at the next meeting on October 10, 2022.

Councilwoman Barber motioned to Table to the October 10, 2022 meeting following
negotiations with Falcon and the Summit Construction: Second by Councilwoman Gantt.
The motion passed 4-0-1 (Alexander Abstained from the vote).

5|Page
9. Council Consideration to approve a request for funding source to renovate the Public Works
Maintenance Shop and build a city storage facility in the amount of $3,500,000.00.
Presented by: Decius Aaron, Public Works Director
Item removed from the Agenda

10.Council consideration to approve Georgia Power Utility Relocation Agreement for the East
Atlanta Road and Lee Street Road Widening Project in the amount of $205,608.00. Funding
Source: SPLOST IV
Presented by: Decius Aaron, Public Works Director
Mr. Aaron noted the city must pay a portion of the franchise agreement for the relocation on
South Lee Street and East Atlanta Road and noted the City has signed the Make Ready
Agreement with Georgia Power which has put them on notice to start would take
approximately 3 – 4 weeks for the relocation of the lighting infrastructure.

Councilman Blount motioned to approve Georgia Power Utility Relocation Agreement for the
East Atlanta Road and Lee Street Road Widening Project in the amount of $205,608.00:
Second by Councilwoman Gantt. The motion passed 5-0.

11.Presentation to Council regarding the agreement with Georgia Power and Stanton Electric
to provide electric charging stations at City Hall and the Amphitheater. Installation cost of
$62,915.00 is provided by Georgia Power via the Public Service Commission.
Presented by: Decius Aaron, Public Works Director
Mr. Aaron noted during the construction of the Amphitheater, one main item was the
installation of electric charging stations in which the city will have a total of five (5) electric
charging stations installed; and noted the cost to install the stations were not formalized
during the stages of constructing the Amphitheater.

Mr. Gardiner noted the $62,000 cost is coming from Georgia Power and the Public Safety
Commission was allotted five billion dollars and has started disbursement of funds with no
cost to the city but the maintenance and operation not to exceed $14,000 annually.
No Action Required

12.Council consideration adding three positions to create an in-house Information Technology
Department. One position is recommended in the 2022 budget and the other positions are
to be considered in the 2023 budget year.
Presented by: Frederick Gardiner, City Manager
Item to be presented following Executive Session

MAYOR'S COMMENTS (Mayor Anthony Ford)
None

ANNOUNCEMENTS OF UPCOMING MEETINGS & EVENTS
UPCOMING MEETINGS & ANNOUNCEMENTS: Council meetings will be held in the City
Council Chamber. Meeting dates, locations and times are subject to change. Please visit the
city’s website www.cityofstockbridge.com for the meeting invitation link, Facebook page or
contact City Hall offices at 770-389-7900 for updates.
6|Page
 City Council Meeting, 2nd Monday of each month – City Hall Council Chamber (Oct 10)
 Youth Council Meeting, 6:30 p.m. - 2nd Monday of each month City Hall Levi Meeting
Room - City Hall (Oct 10)
 Main Street Advisory Board Meeting, 2nd Friday of each month 9:00 a.m. City Hall Levi
Meeting Room (Oct 14)
 Downtown Development Authority Meeting, 6:00 p.m. Via Zoom - 3rd Tuesday of each
month Via Zoom (Oct 18)
 Youth Council Advisory Committee Meeting, 6:30 p.m. - 3rd Tuesday of each month
Levi Meeting Room - City Hall (Oct 18)
 City Council Work Session Meeting, Tuesday at 6:00 p.m. – City Hall Council Chamber
(Oct 25)
 Planning Commission Meeting, 4th Thursday at 6:30 p.m. City Hall Council Chamber –
(Oct 27)

UPCOMING CITY EVENTS/INITIATIVES

 A Continuous Salute to Veterans: Please forward pictures of Veterans including name,
branch, rank, and years of service as Mayor Pro Tem Thomas presents a special tribute
to our local veterans. Pictures should be submitted to: Rosalynd Rawls at
rrawls@cityofstockbridge-ga.gov Thank you for your service!
 Please join Councilwoman Barber for FREE Zumba on every Saturday morning at Clark
Community Park at 8:00 a.m. Come out for fitness in the park!
 Please join Councilwoman Barber as she kicks healthcare inequities to the curb with her
First Annual Charity Kickball Tournament benefiting the Hands of Hope Clinic on
Saturday, POSTPONED to October 8, 2022 at 9 am at Cochran Park. FREE EVENT
 Main Street will host the movie on the City Hall Lawn featuring (Spiderman), Saturday,
October 7th. The fun starts at 7:00 p.m. Bring your lawn chairs and blankets! FREE
EVENT
 The City of Stockbridge will host an in-person Annexation Town Hall Meeting on
Thursday, September 29th at 6:30 p.m. at the Monarch Village Clubhouse 240 Monarch
Village Way, Stockbridge; an in-person Annexation Town Hall Meeting Thursday,
October 6th at City Hall 4640 N Henry Blvd / Thursday, October 13th at 6:30 p.m. at
New Faith Christian Church 396 Eagles Landing Pkwy., Thursday, October 20th at 6:30
p.m. at the Merle Manders Conference Center 111 Davis Rd., Tuesday, October 24th at
6:30 p.m. at Liberty Baptist Church 1410 Valley Hill Rd.; Friday, October 28th Virtual
Town Hall at 6:30 p.m.; and Saturday, November 5th at 10:00 a.m. at Bridge City Church
3910 N. Henry Blvd. Come out to learn the facts about the Annexation Referendum,
neighborhoods in the proposed area, benefits of the Stockbridge Annexation and
proposed council districts.
 Please join Councilman Alexander for a Town Hall at the Stockbridge Amphitheater,
Thursday, October 27th at 7:00 p.m. to discuss Economic Development, Business
Opportunities and Public Safety. FREE EVENT
 Please join Councilwoman Gantt for her Annual Fall Festival taking place Saturday,
October 29th from Noon to 4:00 p.m. at Clark Park. FREE EVENT

7|Page
UPCOMING CONCERTS

 HispaniFest, Saturday October 1st - Postponed
 Charlie Wilson, Friday, October 14th
 Keith Sweat, Saturday, October 29th
 Rick Springfield and Tommy Tutone, Sunday, October 30th

EXECUTIVE SESSION (Exemptions to the Georgia Open Meetings Acts)
Councilwoman Gantt motioned to convene Executive Session for Personnel, Litigation and
Real Estate: Second by Councilman Blount. The motion passed 5-0.
Gantt/Blount Passed 5-0.

Councilwoman Gantt motioned to adjourn Executive Session: Second by Councilman
Alexander. The motion passed 5-0.

Councilwoman Gantt motioned to reconvene the meeting: Second by Councilman Alexander.
The motion passed 5-0.

Councilwoman Gantt motioned to approve the City to join Henry County municipalities to enter
into potential litigation regarding LOST (Local Option Sales Tax) negotiations: Second by
Councilman Alexander. The motion passed 5-0.

Councilwoman Gantt motioned to approve Item #12 to establish an IT Department with a
Director in FY2022 and a Budget Amendment in the amount of $17,000.00. Funding Source:
Fund Balance and to approve two positions in the FY2023 Budget: Second by Councilman
Alexander. The motion passed 3-0-2 (Barber/Thomas Abstained from the vote).

ADJOURN
Councilwoman Gantt motioned to adjourn the meeting at 11:00 p.m.: Second by Councilman
Alexander. The motion passed 5-0.

Respectfully submitted by:

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

8|Page
City of Stockbridge
MEETING DATE
AGENDA ITEM
November 14, 2022 FUNDING SOURCE
RESOLUTION GENERAL FUND
ORDINANCE FUND BALANCE
CONTRACT APPROVAL/RENEWAL SPLOST IV
PUBLIC HEARING TSPLOST
PRESENTATION CDBG
BID SELECTION/AWARD GRANT FUNDING
TASK ORDER COUNCIL INITIATIVE
CHANGE ORDER PARTNER/SPONSOR
BUDGET AMENDMENT DEPARTMENT FUND BALANCE
BUDGET TRANSFER BONDING
PAYMENT APPROVAL ACCOUNT TRANSFER FROM: N/A
OTHER ACCOUNT TRANSFER TO: N/A

PRESENTER: Brecca Carter, Director and Ryan Anderson, Chief Planner.

DEPARTMENT: Community Development.

ITEM/PROJECT/EVENT:
Consider an Annexation request (AX-2022-01) by S3 Capital Investments, LLC, represented by Battle Law,
to annex property at 2125 Highway 42 North, with 20 +/- acres, into the City to allow for an independent
living/age-restricted residential development. The existing Southern Crescent Rehabilitation and Retire-
ment Center would remain, and 100 new independent living/age-restricted residential units would be con-
structed. The property would be combined with an adjacent parcel to the north, at Highway 42 North and
Technology Parkway (in the City), where 176 units would be constructed.

BACKGROUND INFORMATION:

Companion Applications—1) CP-2022-02 to request a change in the land use designations of both parcels to
’High-Density Residential’; and 2) RZ-2022-02 to request the rezoning of both parcels to PUD.
Proposed Development—Existing facility plus 276 new independent living, age-restricted, attached and de-
tached residential units on two parcels, with 42.01 +/- acres.
Staff & Planning Commission Recommendation—Approval of AX-2022-01 at August 25, 2002 P.C. Meeting.
Henry County Government (B.O.C.) Action—Denial.

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

City of Stockbridge
4640 North Henry Blvd. Stockbridge, GA 30281

City Hall: (770) 389-7900 Fax (770) 389-7912

Greetings Potential City of Stockbridge Resident and / or Property Owner.
We thank you for taking the next steps of bringing your property into the City limits of
Stockbridge. We have attached the necessary Annexation Petitions (100% and 60%
Methods). Please complete the sections titled “Annexation Parcels” and “Applicant or
Primary Point of Contact” on both pages 3 and 4 of the enclosed documents.
City Staff will assist in the completion of the remaining sections. All original
signatures should be mailed back to the city at the following address:

Attn: Brecca R. Carter
Director of Community Service
4640 North Henry Blvd
Stockbridge, GA 30336
We are excited to have you join our City of Stockbridge family! Please contact me directly if
you have questions at planning@cityofstockbridge-ga.gov or 770-389-7900.
We are looking forward to hearing from you.

All the best,

Director of Community Development
CITY OF STOCKBRIDGE | ANNEXATION CHECKLIST
4640 North Henry Boulevard
Stockbridge, GA 30281
Phone: (770) 389-7900
Fax: (770) 389-7912

X NON-REFUNDABLE APPLICATION FEE - $300.00

Payment: Check or Money Order Payable to the City of Stockbridge.

☐ APPLICATION FORM
Two Original (2) Copies: Complete and signed with original signatures.

☐ PETITION FOR ANNEXATION
Two (2) Original Copies: The Annexation Petitions must be notarized and signed by the owner or
authorized applicant. (The petition for the 60% Method must clearly indicate if the applicant is an
elector or a landowner.)

☐ CONSENT OF OWNER(S)
Original: If the property owner does not sign the application and/or petition, submit a
notarized affidavit signifying the approval or consent of all owners. (An affidavit form is
attached.) Use additional affidavits, if necessary, for multiple owners.

X PLAT OF SURVEY AND/OR LEGAL DESCRIPTION
Original and One (1) copy - Submit an accurate, as-built survey showing all improvements on the
site, to scale. The survey must be completed by a registered surveyor and must be reproducible.
If a photocopy is submitted, the original seal must be visible and the survey must still be to scale.
The survey must not be more the 1 year old.

X VERIFIED LEGAL DESCRIPTION FORM
Original and One (1) Copy - Submit one original, signed copy of the verified legal description
form and 1 copy. Forms should be typed and include acreage. If the legal description does not fit
on one form, additional forms shall be used and numbered accordingly.
100% Methodology
� Cl
� � 1. We, the undersigned, all owners of all real property of the territory described herein respectfully request that the City
�t 2.
Council annex this territoiy into the City of Stockbridge, Georgia, and extend the city boundaries to include the same.
The territory to be annexed is unincorporated and contiguous (as described in O.C.G.A. § 36-36-20) to the existing
�� corporate limits of the City of Stockbridge, Georgia, and the description of such territory is as follows:

r.a.rccl ID#: Address: �m�t '.:Signature: Date:
run :
\ 2125 Highw: 42 North McDonough, GA 30253 Southern
f/ul;Jf#- Z·2t·ll
Crescent Rehab
...J 071-01034012
---- : & Retirement Co Inc - -

An additional list for parcels and signatures is attached.

Name S3 Capital Investments, LLC Name Battle Law 1.C.
� Address 2125 Highway 42 North McDonough, GA 30253 ;;... Address 3562 Habersham at Northlake Building ,J, Suite 100
i;.J Tncker, GA 30084
�� Phone# 678-565-7710 � Phone# 404-601-7616

��8 Email kelsawi@sctbi.com
Email mlb@battlelawpc.com
I [!�sling Propo:,t.•J

C/1
, Water Henry County Water Authority Henry County Water Authority
Sewer Henry County Henry County
Fire/ EMS Henry County Henry County
Police Hemy County City of Stockbridge
' Electricity Georgia Power Georgia Power

Location Address: 2125 Highway 42 North McDonough, GA 30253

Present Zoning: MU
Cl�
i:.:i � Proposed Zoning: PUD

rr.J �
�o Proposed Use of the Property (attach additional sheets if necessary): proposed age-restricted residential
0 i-:i
develooment

ATTACH LEGAL DESCRIPTION

CITY OF STOCKBRIDGE I OWNER'S AUTHORIZATION
4640 North Henry Boulevard
Stockbridge, GA 302 81
Phone: (770) 389-7900
Fax: (770) 389-7912

The undersigned below, or as attached, is the owner of the property that is the subject of this application. The
undersigned does duly authorize the applicant named below to act as applicant in the pursuit of an annexation
of the property.

Name:
Southern Crescent Rehab & Retirement Co Inc

Property Address: 2125 Highway 42 North McDonough, GA 30253 and Highway 42 Near Technology Parkway

Telephone: ( 678 ) _5_ 6_5 _ -7_ 7 _1_0_______ Email: kelsawi@sctbi.com

I swear that I am the owner of the property that is the subject matter of the attached application, as it is shown
in the records of He i•- /,?(7

Signature:
�� Date:
;z_J 20/2L

Personally appeared before me,

Who swears the information contained in this
authorization is true and correct to the best of
his/her knowledge and belief.

Notary P

Print

PLANNING INC
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SURVEYORS CERTIFICATION:

GENERAL NOTES:

B15008
BOUNDARY SURVEY
19.995 ACRES

SHEET: 1 OF 1
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STATEMENT OF INTENT

And
Other Material Required by the City of Stockbridge, Georgia
Zoning Ordinance
For

Applications for Comprehensive Plan Amendment and
Rezoning pursuant to the City of Stockbridge Zoning
Ordinance

Of

S3 Capital Investments, LLC.,
For

+/- 20.0 acres of
Land Being all of

Parcel Nos. 071-01034012
Being in the
City of Stockbridge

Submitted for Applicant by:

Michèle L. Battle
Battle Law, P.C.
3562 Habersham at Northlake,
Building J, Suite 100 Tucker,
Georgia 30084
(404) 601-7616 Phone
(404) 745-0045 Facsimile
mlb@battlelawpc.com
S3 Capital Investments, LLC. (the “Applicant”) is seeking to annex and rezone property in
Henry County located at 2125 Highway 42 North, McDonough, GA. 30253. This property is
approved for a mixture of 100 attached and detached age-restricted single-family homes to
serve as housing for the patients of Southern Crescent Traumatic Brain Injury Center and bears
the parcel number
NOTICE OF CONSTITUTIONAL ALLEGATIONS AND PRESERVATION OF
CONTITUTIONAL RIGHTS

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

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

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

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

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

A refusal to allow the annexation, land use amendment and/or Rezoning and Conditional Use
Permit in question would be invalid inasmuch as it would be denied pursuant to an ordinance
which is not in compliance with the Zoning Procedures Law, O.C.G.A Section 36-66/1 et seq.,
due to the manner in which the Ordinance as a whole and its map(s) have been adopted.

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

Michele L. Battle, Esq.
Attorney for the Applicant

TO: Mayor and City Council, City of Stockbridge

FROM: Linda Logan, Senior Planner

CC: Brecca Carter, Community Development Director
R. Ryan Anderson, Chief Planner

DATE: October 10, 2022

SUBJECT: Annexation Case #AX-2022-01 for Property at 2125 Highway 42 North
within unincorporated Henry County

I. PURPOSE

Consider a petition to annex 22.01 +/- acres of land at 2125 HIGHWAY 42 NORTH
within unincorporated Henry County, located in Land Lot 31+ of District 7, and
comprising Parcel #071-01034012. The application by S3 Capital Investments, LLC, is
represented by Battle Law, P.C., as part of a development proposal to include Parcel
#071-01034014 within the Stockbridge City Limits at Highway 42 North and Technology
Parkway).

II. BACKGROUND DATA TABLE

Proposed Development Age-restricted residential development.
Site Address 2125 Highway 42 North, across from
Summit View Drive.
Parcel Identification Parcel #071-01034012.
Parcel Acreage 20.01 +/- acres.
Applicant S3 Capital Investments, LLC.
Owner Southern Crescent Rehabilitation &
Retirement Community, Inc.
Current County Zoning ‘MU’ (Mixed-Use).
Current City Zoning N/A
County Land Use Designation ‘MIX’ (Mixed-Use).
City Land Use Designation N/A
Current Use Southern Crescent Rehabilitation &

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022

Retirement Center.
Surrounding Land Uses • North—Vacant land.
• South and West—Magnolias @ Eagles
Landing Subdivision.
• East—Highlands at Eagles Landing
Subdivision; Summit at Eagles Landing
Subdivision; a Thai restaurant.

III. OTHER FINDINGS OF FACT

1. The applicant had submitted a letter which requested the deferral of this application
from the July 28, 2022, Planning Commission meeting and the August 8, 2022 City
Council meeting. The Staff recommended the deferral of this case, and AX-2022-01
was subsequently deferred at both meetings.

2.The applicant has also applied for a Comprehensive Plan Amendment (CP-2022-02)
and a rezoning of the property (RZ-2022-02).

3.The applicant seeks to combine the subject property with Parcel # 071-01034014 to the
north, within the Stockbridge City Limits, for which a Recombination Plat application
will be required.

4.A small stream borders the subject property to the north. It appears to be a tributary of
Wolfe Creek.

5.This property was previously rezoned by the Henry County Board of Commissioners on
July 20, 2021, via Rezoning Case #RZ-21-18 and Resolution #21-135, from ‘OI’ (Off-
Institutional) to ‘MU’ (Mixed-Use), with twenty-four (24) Zoning Conditions. The City of
Stockbridge’s Community Development Department has identified nineteen (19) of
them which are applicable to the proposed development, and which comply with the
City’s Unified Development Code (UDC).

IV. PROJECT DESCRIPTION

The applicant requests the annexation of the subject property at 2125 Highway 42 North
(Tract 1) as part of an independent living residential development proposal, which would
include the adjacent property to the north. Tract 1 would include the existing Southern
Crescent Rehabilitation & Retirement Center, as well as the construction of 100 new
independent living units, including 7 detached units and 93 attached units, with a density
of 5 units per acre. The adjacent parcel (Tract 2), which is currently vacant, would feature
the construction of 176 independent living units, including 52 detached units and 124
attached units, with a density of 8 units per acre. The total development, including both
parcels, would contain 276 independent living units, with a density of 6.6 units per acre.

To allow for the proposed development, the applicant has also applied for a rezoning of
the subject property (from Henry County’s ‘MU’ (Mixed Use) to the City’s ‘PUD’ (Planned

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022

Unit Development), as well as a change in the property’s land use designation (from
Henry County’s ‘MIX’ (Mixed Use) to the City’s ‘High-Density Residential’. Further, the
applicant would need to apply for a Recombination Plat to combine the two parcels.

The applicant’s submitted Conceptual Site Plan shows that three accesses would be
provided into the proposed development. These include the existing driveway at 2125
Highway 42 North, which serves the existing Southern Crescent Rehabilitation &
Retirement Center; a new entrance off Highway 42 North, across from Glenmore Lane;
and the extension of Technology Parkway. A central street would connect the two tracts,
crossing over the existing stream.

Each tract would have its own set of amenities. The subject property (Tract 1) would
contain a clubhouse, a pool, and a cabana, while Tract 2 would contain pickleball courts,
a pool, and a cabana. Tract 1 would contain two small detention ponds and Tract 2 would
contain a larger detention pond.

The submitted rendering suggests that the proposed residential units would have pitched
roofs, hardiplank veneers, and single-car garages.

The companion rezoning application states that the applicant will be submitting a proposed
list of conditions for adoption, but such list has not yet been received by Community
Development.

V. MAPS AND ILLUSTRATIONS TO FOLLOW:

A. Aerial Photograph

B. Boundary Survey

C. Henry County Zoning Map

D. City of Stockbridge Zoning Map

E. Henry County Land Use Designation Map

F. Conceptual Site Plan

G. Rendering

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022

A. AERIAL PHOTOGRAPH

Subject Property:
2125 Highway 42 North
Parcel #071-01034012
a.k.a. “Tract 1”

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022

B. BOUNDARY SURVEY

Subject Property:
2125 Highway 42 North
Parcel #071-01034012
a.k.a. “Tract 1”

The Boundary Survey shows the presence of the existing Southern Crescent
Rehabilitation & Retirement Center.

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022

C. HENRY COUNTY ZONING MAP
From the Henry County Tax Assessors’ Office

The subject property (a.k.a. “Tract 1”) is shown in the buff color on the map. It is zoned
‘MU’ (Mixed Use).

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022

D. CITY OF STOCKBRIDGE ZONING MAP (Excerpts)

Legend:
Main Road – Highway 42 North
Lavender – LI (Light Industrial)
Light Blue – OI (Office-Institutional)
Gold – MFR (Multiple Family Residential)
Gold area to the west and south -- Magnolias at Eagles Landing Subdivision
Gold area to the east -- Highlands at Eagles Landing Subdivision &
Summit at Eagles Landing Subdivision
Light Pink – C-1 (Neighborhood Commercial)
Medium Pink – C-2 (General Commercial)
Yellow – SR (Suburban Residential)
White – Located outside of the City

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022

E. HENRY COUNTY LAND USE DESIGNATION MAP

From the Henry County Comprehensive Plan

The subject property (a.k.a. “Tract 1”) is shown in the lavender color on the map below. It
has a future land use designation of ‘MIX’ (Mixed Use). The other colors on the map
show properties which are also located within unincorporated Henry County.

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022

F. CONCEPTUAL SITE PLAN

The Conceptual Site Plan shows three proposed accesses into the site, a central street
connecting the two tracts and crossing over a stream, amenities for each tract, and three
detention ponds.

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022
10

G. RENDERING

This rendering suggests the provision of pitched roofs, mostly hardiplank siding, and
single-car garages.

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022
11

V. ANALYSIS OF REQUEST

The applicant requests a petition for annexation under the City of Stockbridge Unified
Development Code, Section 9.8. The Planning Commission and the City Council shall
consider the following standards in considering any proposal that would result in a change
to the text or map of this UDC, giving due weight or priority to those factors that are
appropriate to the circumstances of each proposal.

1. Is the subject property contiguous to the existing corporate limits with at least
one-eighth of the aggregate external boundaries coinciding? Contiguous
means-- abuts the municipal limits, or is separated by a street, river or railroad-
type of right-of-way, or city land, or land owned by some other political
subdivision, or lands, or lands owned by the state.

Yes. The subject property is contiguous with Parcel #071-01034014 to the north,
which would be combined with the subject property to form the overall proposed
development.

2. Describe what method (100%, 60% or Referendum and Resolution) the applicant
is utilizing for the proposed annexation.

The 100% Method would be used.

3. Is any part of the subject property being proposed for annexation [located]
within the boundary of another municipal corporation or county?

Yes. It is located within Henry County.

4. Is any part of the subject property receiving municipal services from any entity
other than the city proposing annexation?

Yes. Water and sewer services are provided by the Henry County Water Authority.
Fire and EMS services are provided by Henry County. Electricity is provided by
Georgia Power Company. Police services are provided by Henry County.

5. Is the subject property for the proposed annexation being developed for urban
purposes-- defined as a minimum of two people per acre?

Yes. The applicant proposes to maintain the existing rehabilitation and rehabilitation
facility, and to construct 100 “independent living” units on the subject property.

6. Is the proposed annexation consistent with the Comprehensive Plan?

No. The subject property has a Henry County land use designation of ‘MIX’ (Mixed-
Use). The adjacent Tract 2 to the north, which would be combined with the subject

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022
12

property for the proposed development, has a dual land use designation of ‘Low-
Density Residential’ and ‘Light Industrial’. Although the applicant’s proposed
Comprehensive Plan Amendment of the subject property to ‘High-Density Residential’
would not be compatible with these designations, the applicant also seeks to change
the land use designations of Tract 2 to ‘High-Density Residential’.

7. Does the proposed annexed property share a common zoning classification
with the adjoining City property as described in Section 9.8 of the Unified
Development Code?

No. However, the applicant seeks to rezone both properties to ‘PUD’ (Planned Unit
Development).

8. Potential positive effects of the proposed annexation on the character of the
proposed zoning district, a particular piece of property, neighborhood, a
particular area, or community.

As part of the proposed development, the developer would maintain the existing
Southern Crescent Rehabilitation & Rehabilitation Center. Since many of the
proposed residential units would be located to the rear of this facility or at the end of
Technology Parkway, they may not be visible from Highway 42 North.

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

The subject property is already developed with the existing Southern Crescent
Rehabilitation & Retirement Center. The Conceptual Site Plan shows the presence
of a stream, which would be traversed by a proposed internal street. A large open
space area would be designated along the stream, which should be preserved.

10. The impact upon adjacent property owners should the request be granted.

To the south and west of the subject property lies The Magnolias at Eagles Landing
Subdivision, which appears to be fully developed. The proposed residential units
would be near the lots in that subdivision, but a significant buffer is shown on the site
plan. It may be prudent for the developer to also install a fence along the perimeter
of the property.

11. The potential impact of the annexation on City infrastructure including water
and sewage system.

A letter from the Henry County Water Authority, dated May 23, 2022, stated that
water service, sewage treatment, and sewer line capacity are all available for the
subject property. However, it further states that the proposed site plan would be “in
conflict” with an existing 8-inch sewer line, and that the sewer would need to be
relocated at the developer’s expense. In addition, an easement would be required to
City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022
13

access the sewer line from Highway 42 North.

12. The impact of the proposed annexation on adjacent thoroughfares and
pedestrian and vehicular circulation and traffic volumes.

The City’s Fire Marshal reviewed the Conceptual Site Plan. He was pleased that an
additional access would be provided off Highway 42 North, and he did not identify any
issues with the proposed internal traffic circulation.

Regarding the new access to be provided from Highway 42 North across from
Glenmore Lane, it is recommended that a deceleration lane be added.

Traffic from the residential units to be constructed at the end of Technology Parkway
would use the same intersection on Highway 42 North as traffic from the Highlands at
Eagles Landing Subdivision to the east. The developer should coordinate with
Georgia DOT officials to determine whether any intersection improvements would be
needed.

Summary of Impacts / Concerns

Code Property’s zoning and land use designation are not
Compliance compatible, but applicant has requested a rezoning and
Comprehensive Plan amendment.
Police Department To be served by Stockbridge Police Department.
Fire Marshal Acceptable access and internal circulation.
Available water service, sewage treatment, and sewer
Water and Sewer line capacity, but developer would need to relocate the
existing sewer line and obtain an easement.
Building N/A
Would bring additional traffic to the intersection of
Traffic Highway 42 North / Technology Parkway / Inverness
Avenue.
Developer would need to coordinate with City
Environmental engineers and other environmental officials regarding a
Conditions bridge crossing over the stream, and the protection of
sensitive floodplain areas.

VI. CONCLUSIONS

1. Reasonableness of Requested Annexation -- The proposed annexation is
reasonable in view of the following:
a. The applicant’s plans to include the subject parcel with the adjacent parcel for
a proposed independent living/age-restricted development traversing both
parcels;

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022
14

b. The surrounding land uses and conditions; and
c. The satisfactory findings of the twelve (12) Analysis criteria above.

2. Needed Zoning Conditions -- It would be appropriate to require nineteen (19)
of the twenty-four (24) Zoning Conditions that were required by Henry County in
the RZ-21-18 rezoning approval of this property last year, which comply with the
City’s UDC, and which are suitable for the proposed development on the subject
property.

VII. STAFF RECOMMENDATION

The Community Development Staff recommends APPROVAL WITH CONDITIONS for
the proposed annexation of the subject property at 2125 Highway 42 North into the
Stockbridge City Limits, conditioned upon the following nineteen (19) Zoning Conditions:

1. The uses of the subject property shall be limited to memory care, assisted living, and
independent living with associated amenities and provision of care, meeting use
requirements.

2. Entrances shall be located such that the minimum intersection sight distance and the
minimum spacing requirement are met per the road's posted speed limit, and they
shall have a deceleration lane and an acceleration taper which are
designed and constructed to Henry County DOT’s standards.

3. All disturbed areas shall be sodded, except where landscaping is present or installed.

4. The residential portion of the development shall consist of cluster single-family
attached and detached units only. The total number of dwelling units shall be limited
to one hundred (100). Compliance with zoning conditions and development
standards may further limit the number of dwelling units.

5. An on-site amenity package shall be provided, and it shall consist of at least the
following:
a. A Community Center which includes, at a minimum, a fitness facility, a meeting
room, and a business center.
b. Two (2) cabanas.
c. Two (2) swimming pools.
d. Two (2) outdoor recreation areas, including walking trails and three (3) pavilions.
The pavilions shall be no less than 1,200 square feet.
th
6. The Community Center shall be completed prior to the issuance of the fiftieth (50 )
building permit of a single-family attached or detached dwelling unit.

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022
15

7. The residential portion of the development shall comply with Section 3.2.35 of the
City’s Unified Development Code (UDC) regarding the provision of single-family senior
adult housing.

8. Provision of care and/or personal services, as defined by O.C.G.A. 31-7-12.2(b)(2),
shall be provided to any assisted living and independent living residents before the
first single-family attached or detached unit receives any certificate of occupancy.

9. Any approved development permit shall be limited to a maximum of sixty (60) dwelling
units until the proposed access point to the north, as depicted on the RZ-21-18
rezoning site plan, dated April 9, 2021, is designed and constructed to the standards
of Henry County DOT and the City of Stockbridge, and it connects to an already-
existing public right-of-way. This access point shall be open for the use of the
residents within five (5) years from the date of approval of this rezoning resolution, or
st
before the issuance of the Certificate of Occupancy (CO) of the 61 dwelling unit,
whichever occurs first. No additional permits shall be issued until the developer has
engineered and constructed the secondary access.

10. The subject property shall not, at any time, be developed as a traditional single-family
and/or multifamily residential development (even if it is age-marketed or age-
targeted), or any other type of residential community that does not require each
single-family attached or detached unit to house an individual who requires a level of
care that is provided by the assisted living
facility.

11. Community facilities, recreational areas, access gate(s), if any, public space(s), and
open space(s) shall be maintained by the existing, and all subsequent, owners /
operators of the existing rehabilitation center and/or assisted living facility at the
subject property, which is currently Southern Crescent Rehab & Retirement Co., Inc.,
as per current public tax records.

12. A traffic impact study (TIS) shall be required before the approval of the first
development permit. At a minimum, the developer/owner’s engineer shall provide an
Intersection Control Evaluation Study to Georgia DOT of the site’s existing access,
per Georgia DOT’s requirements. The developer/owner shall be responsible to
provide all of the indicated improvements that are required by the City of Stockbridge
Unified Development Code (UDC).

13. The dwelling units shall have a minimum of 1,200 square feet, with a running minimum
average of 1,800 square feet.

14. The dwelling units shall be Craftsman style, as approved by the Community
Development Department, and they shall have a water table that is at least three (3)
feet high, consisting of brick or similar materials.

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022
16

15. Each dwelling unit shall have a garage. Garages shall be setback by a minimum of
twelve inches (12”) from the front dripline of the home. Greater than 50 percent of
the dwelling units shall have a two-car garage. The balance shall have one and a
half car garages. Garages shall have crown molding that is complimentary to the
exterior of the homes.

16. An adequate number of dwelling units shall be reserved for those leaving the care of
assisted living, who are needing transitional living arrangements.

17. All stormwater management facilities shall be environmentally friendly, landscaped,
enclosed with a fence that is four (4) feet high, at a minimum, and shall be included
in the common area to be maintained by the HOA.

18. An HOA shall be required, and it shall maintain the common areas and building
exteriors.

19. Interior sidewalks shall be a minimum of eight (8) feet wide. Exterior sidewalks along
Highway 42 shall be a minimum often (10) feet wide.

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900 / October 10, 2022
Presentation
For AX-2022-01:
Annexation Request for the Proposed

“Southern Crescent” Mixed Residential

Development

At 2125 Highway 42 North

Presented To:
Planning Commission – August 25, 2022
City Council – October 10, 2022

By:
City of Stockbridge Community
Development Department,
Planning and Zoning Division
AERIAL PHOTOGRAPH OF SUBJECT PROPERTY:
Outside the City; to Be Annexed
Parcel #071-01034012 at 2125 Highway 42 North
With 20.00 +/- Acres
PURPOSE

APPLICANT’S REQUEST -- Consider a petition to annex 22.01 +/- acres of land at 2125 Highway 42 North within

unincorporated Henry County, located in Land Lot 31+ of District 7, and comprising Parcel #071-01034012.

The application by S3 Capital Investments, LLC, is represented by Battle Law, P.C., as part of a development proposal

to include Parcel #071-01034014 within the Stockbridge City Limits at Highway 42 North and Technology Parkway.
BACKGROUND INFORMATION
CATEGORY FINDINGS
Proposed Development Independent living / age-restricted residential development.
Site Address 1225 Highway 42 North, across from Summit View Drive; and
Highway 42 North at Technology Parkway.
Parcel Identification Parcel #071-01034012 in unincorporated Henry County.
Parcel Acreage 20.01 +/- acres.
Applicant S3 Capital Investments, LLC.
Owner Southern Crescent Rehabilitation & Retirement Community, Inc.
Current County Zoning ‘MU’ (Mixed-Use).
Current City Zoning N/A
County Land Use Designation ‘MIX’ (Mixed-Use).
City Land Use Designation N/A
Current Use Southern Crescent Rehabilitation & Retirement Center.
Surrounding Land Uses ~ North—Vacant land.
~ South and West—Magnolias at Eagles Landing Subdivision.
~ East—Industrial warehouse; Highlands at Eagles Landing
Subdivision; Summit at Eagles Landing Subdivision; a Thai
restaurant.
PROJECT DESCRIPTION
Proposed Development -- Independent living / age-restricted residential development proposal, to include both parcels. Tract 1 would
include the existing Southern Crescent Rehabilitation & Retirement Center, and the construction of 100 new independent living units,
including 7 detached units and 93 attached units, with a density of 5 units per acre. Tract 2, which is currently vacant, would feature
the construction of 176 independent living units, including 52 detached units and 124 attached units, with a density of 8 units per
acre. The total development, including both parcels, would contain 276 independent living units, with a density of 6.6 units per acre.
Companion Applications – To allow for the proposed development, the applicant has also applied for a Rezoning of the subject
property via RZ-2022-02, from Henry County’s ‘MU’ (Mixed Use) to the City’s ‘PUD’ (Planned Unit Development); as well as a
Comprehensive Plan Amendment via CP-2022-02, to change the property’s land use designation from Henry County’s ‘MIX’ (Mixed
Use) to the City’s ‘High-Density Residential’. Further, the applicant would need to apply for a Recombination Plat to combine the two
parcels.
Applicant’s Conceptual Site Plan -- Shows that three accesses would be provided into the proposed development: 1) the existing
driveway at 2125 Highway 42 North, which serves the existing Southern Crescent Rehabilitation & Retirement Center; 2) a new
entrance off Highway 42 North, across from Glenmore Lane; and 3) the extension of Technology Parkway. A central street would
connect the two tracts, crossing over the existing stream.
Amenities -- Each tract would have its own set of amenities. The subject property (Tract 1) would contain a clubhouse, a pool, and a
cabana, while Tract 2 would contain pickleball courts, a pool, and a cabana. Tract 1 would contain two small detention ponds and
Tract 2 would contain a larger detention pond.
Rendering -- The submitted rendering suggests that the proposed residential units would have pitched roofs, hardiplank veneers, and
single-car garages.
OTHER FINDINGS OF FACT

1. Companion Applications--The applicant has also applied for a Comprehensive Plan Amendment (CP-2022-02) and a
rezoning of the property (RZ-2022-02).

2. Combination of Two Parcels--The applicant seeks to combine the subject property with Parcel # 071-01034014 to the
north, within the Stockbridge City Limits, for which a Recombination Plat application will be required.

3. Existing Stream Between Parcels--A small stream borders the subject property to the north. It appears to be a
tributary of Wolfe Creek.

4. Previous Henry County Rezoning—The property was rezoned by Henry County last year (Case #RZ-21-18 on 7/20/21)
from ‘OI’ (Office-Institutional) to ‘MU’ (Mixed-Use), with twenty-four (24) Zoning Conditions. The Stockbridge
Community Development Department has identified nineteen (19) of them which are applicable to the proposed
development, and which comply with the City’s Unified Development Code (UDC).
BOUNDARY SURVEY
Subject Property:
2125 Highway 42 NorthParcel #071-01034012
a.k.a. “Tract 1”
The Boundary Survey shows the presence of the existing Southern Crescent Rehabilitation & Retirement Center.
HENRY COUNTY ZONING MAP
The subject property (a.k.a. “Tract 1”) is shown in the
buff color on the map. It is zoned ‘MU’ (Mixed Use).
HENRY COUNTY LAND USE DESIGNATION MAP
From the Henry County Comprehensive Plan
The subject property (a.k.a. “Tract 1”) is shown in the lavender color on the map below. It has
a future land use designation of ‘MIX’ (Mixed Use). The other colors on the map show
properties which are also located within unincorporated Henry County.
CONCEPTUAL SITE PLAN
The Conceptual Site Plan shows three proposed accesses into the site, a central street connecting
the two tracts and crossing over a stream, amenities for each tract, and three detention ponds.
RENDERING
This rendering suggests the provision of pitched roofs,
mostly hardiplank siding, and single-car garages.
ANALYSIS OF REQUEST – Page One
1. Contiguous with the City --The subject property is contiguous with Parcel #071-01034014 to the north,
which would be combined with the subject property to form the overall proposed development.

2. Provision of Services -- Water and sewer services are provided by the Henry County Water Authority.
Fire and EMS services are provided by Henry County. Electricity is provided by Georgia Power Company.
Police services are provided by Henry County, but this would change to the City of Stockbridge.
3. Proposed Urban Development -- The applicant proposes to maintain the existing rehabilitation and
rehabilitation facility, and to construct 100 “independent living” units on the subject property.

4. Consistency with the City’s Comprehensive Plan –The subject property is located outside of the City. It
has a Henry County land use designation of ‘MIX’ (Mixed-Use). The adjacent Tract 2 to the north,
which would be combined with the subject property for the proposed development, has land use
designations of ‘Low-Density Residential’ and ‘Light Industrial’. Although the applicant’s
proposed Comprehensive Plan Amendment of the subject property to ‘High-Density Residential’ would
not be compatible with these designations, the applicant also seeks to change the land use designations
of Tract 2 to ‘High-Density Residential’.

5. Consistency with Adjoining City Zoning -- The proposed annexed property does not share a common
zoning classification with the adjoining City property. However, the applicant seeks to rezone both
properties to ‘PUD’ (Planned Unit Development).
ANALYSIS OF REQUEST – Page Two
6. Potential Positive Effects -- The developer would maintain the existing Southern Crescent Rehabilitation & Rehabilitation
Center. Since many of the proposed residential units would be located to the rear of this facility or at the end of Technology
Parkway, they may not be visible from Highway 42 North.
7. Physical Site Suitability -- The subject property is already developed with the existing Southern Crescent Rehabilitation &
Retirement Center. The Conceptual Site Plan shows the presence of a stream, which would be traversed by a proposed internal
street. A large open space area would be designated along the stream, which should be preserved.
8. Impact on Adjacent Property Owners -- To the south and west of the subject property lies The Magnolias at Eagles Landing
Subdivision, which appears to be fully developed. The proposed residential units would be near the lots in that subdivision, but
a significant buffer is shown on the site plan. It may be prudent for the developer to also install a fence along the perimeter of
the property.
9. Impacts on City Infrastructure -- A letter from the Henry County Water Authority, dated May 23, 2022, stated that water ser-
vice, sewage treatment, and sewer line capacity are all available for the subject property. However, it further states that the
proposed site plan would be “in conflict” with an existing 8-inch sewer line, and that the sewer would need to be relocated at
the developer’s expense. In addition, an easement would be required to access the sewer line from Highway 42 North.
10. Traffic and Transportation Impacts – The developer should coordinate with Henry County DOT & Georgia DOT regarding pos-
possible intersection improvements at Highway 42 North and Technology Parkway. The City’s Fire Marshal approved the pro-
posed new entrance off Highway 42 North and the internal site circulation. A deceleration should be added, though, at the
new entrance.
11. Environmental Impacts – The developer would need to coordinate with City engineers and other environmental
officials regarding a bridge crossing over the existing stream, as well as the protection of sensitive floodplain areas.
CONCLUSIONS

CONCLUSIONS:

1. Reasonableness of Requested Annexation--The proposed annexation is reasonable in view of the following:
a. The applicant’s plans to include the subject parcel with the adjacent parcel for a proposed independent living/age-
restricted development traversing both parcels;
b. The surrounding land uses and conditions; and
c. The satisfactory findings of the eleven (11) Analysis criteria above.

2. Needed Zoning Conditions -- It would be appropriate to require nineteen (19) of the twenty-four (24) Zoning Conditions
that were required by Henry County in the RZ-21-18 rezoning approval of this property last year, which comply with the
City’s UDC, and which are suitable for the proposed development on the subject property.
STAFF RECOMMENDATION—Page One
RECOMMENDATION --The Community Development Staff recommends APPROVAL WITH CONDITIONS for the proposed
annexation of the subject property at 2125 Highway 42 North into the Stockbridge City Limits, conditioned upon the
following nineteen (19) Zoning Conditions:
1. The uses of the subject property shall be limited to memory care, assisted living, and independent living with associated
amenities and provision of care, meeting use requirements.
2. Entrances shall be located such that the minimum intersection sight distance and the minimum spacing requirement are
met per the road's posted speed limit, and they shall have a deceleration lane and an acceleration taper which are
designed and constructed to Henry County DOT’s standards.
3. All disturbed areas shall be sodded, except where landscaping is present or installed.
4. The residential portion of the development shall consist of cluster single-family attached and detached units only. The
total number of dwelling units shall be limited to one hundred (100). Compliance with zoning conditions and develop-
ment standards may further limit the number of dwelling units.
5. An on-site amenity package shall be provided, and it shall consist of at least the following:
a. A Community Center which includes, at a minimum, a fitness facility, a meeting room, and a business center.
b. Two (2) cabanas.
c. Two (2) swimming pools.
d. Two (2) outdoor recreation areas, including walking trails and three (3) pavilions. The pavilions shall be no less than
1,200 square feet.
6. The Community Center shall be completed prior to the issuance of the fiftieth (50th) building permit of a single-family
attached or detached dwelling unit.
STAFF RECOMMENDATION—Page Two
7. The residential portion of the development shall comply with Section 3.2.35 of the City’s Unified Development Code (UDC)
regarding the provision of single-family senior adult housing.
8. Provision of care and/or personal services, as defined by O.C.G.A. 31-7-12.2(b)(2), shall be provided to any assisted living and
independent living residents before the first single-family attached or detached unit receives any certificate of occupancy.
9. Any approved development permit shall be limited to a maximum of sixty (60) dwelling units until the proposed access point
to the north, as depicted on the RZ-21-18 rezoning site plan, dated April 9, 2021, is designed and constructed to the standards
of Henry County DOT and the City of Stockbridge, and it connects to an already-existing public right-of-way. This access point
shall be open for the use of the residents within five (5) years from the date of approval of this rezoning resolution, or before
the issuance of the Certificate of Occupancy (CO) of the 61st dwelling unit, whichever occurs first. No additional permits shall
be issued until the developer has engineered and constructed the secondary access.
10. The subject property shall not, at any time, be developed as a traditional single-family and/or multifamily residential develop-
ment (even if it is age-marketed or age-targeted), or any other type of residential community that does not require each single-
family attached or detached unit to house an individual who requires a level of care that is provided by the assisted living
facility.
11. Community facilities, recreational areas, access gate(s), if any, public space(s), and open space(s) shall be maintained by the
existing, and all subsequent, owners/operators of the existing rehabilitation center and/or assisted living facility at the subject
property, which is currently Southern Crescent Rehab & Retirement Co., Inc., as per current public tax records.
12. A traffic impact study (TIS) shall be required before the approval of the first development permit. At a minimum, the
developer/owner’s engineer shall provide an Intersection Control Evaluation Study to Georgia DOT of the site’s existing access,
per Georgia DOT’s requirements. The developer/owner shall be responsible to provide all of the indicated improvements that
are required by the City of Stockbridge Unified Development Code (UDC).
STAFF RECOMMENDATION—Page Three
13. The dwelling units shall have a minimum of 1,200 square feet, with a running minimum average of 1,800 square feet.
14. The dwelling units shall be Craftsman style, as approved by the Community Development Department, and they shall have a
water table that is at least three (3) feet high, consisting of brick or similar materials.
15. Each dwelling unit shall have a garage. Garages shall be setback by a minimum of twelve inches (12”) from the front
dripline of the home. Greater than 50 percent of the dwelling units shall have a two-car garage. The balance shall have
one and a half car garages. Garages shall have crown molding that is complimentary to the exterior of the homes.
16. An adequate number of dwelling units shall be reserved for those leaving the care of assisted living, who are needing
transitional living arrangements.
17. All stormwater management facilities shall be environmentally friendly, landscaped, enclosed with a fence that is four
(4) feet high, at a minimum, and shall be included in the common area to be maintained by the HOA.
18. An HOA shall be required, and it shall maintain the common areas and building exteriors.
19. Interior sidewalks shall be a minimum of eight (8) feet wide. Exterior sidewalks along Highway 42 shall be a minimum
often (10) feet wide.
7/20/2022
VIA: Email (bcarter@cityofstockbridge-ga.gov)
2125 Highway 42 North
ATTN: Brecca Carter, City of Stockbridge Community Development Department

Director Carter:

On behalf of the Applicant for case number(s) AX-2022-01 pertaining to property with an
address of 2125 Highway 42 North, I hereby request that this matter be deferred from the
July 28th Planning Commission meeting to the next hearing cycle.

Prepared By:

Joshua Mahoney
For Battle Law, P.C.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
City of Stockbridge
4640 North Henry Blvd. Stockbridge, GA 30281
City Hall: (770) 389‐7900 Fax (770) 389‐7912

August 22, 2022

VIA OVERNIGHT MAIL

Attn: Cheri Hobson-Matthews, County Manager of Henry County
Henry County Administration Building
140 Henry Parkway
McDonough, Georgia 30253

RE: Annexation Request Into City of Stockbridge – 2125 Highway 42 North
Please be advised that the City of Stockbridge has received an application for the annexation of
property at 2125 Highway 42 North, in unincorporated Henry County. The subject property
contains the existing Southern Crescent Rehabilitation & Retirement Center. A developer is
utilizing the 100% method to annex this property into the Stockbridge City Limits and build an
additional 100 “independent living” units. The property would be combined with the adjacent
property to the north, Parcel #071-01034014, for a total development project of 276 independent
living units (townhomes and single-family detached units), located within the City of Stockbridge.
Staff has enclosed for your review and consideration the submitted applications for the
annexation, rezoning, and comprehensive plan amendment. Please provide an official letter
regarding Henry County’s agreement or non-agreement with the proposed annexation. The
public hearings have been advertised to be held on August 25, 2022, 6:30 PM by the Stockbridge
Planning Commission and the City Council on September 12, 2022, 6 PM at City Hall, respectively.
If you have any questions or need additional information, please call me directly at 470-758-3417.

Best regards,

Brecca R. Carter, Director
Community Development Department

CC: Frederick Gardiner, City Manager
Vanessa Holiday, City Clerk
Stephanie Braun, County Clerk
Toussaint Kirk, Planning Economic Development/Cluster
Attachments

PUBLIC HEARING NOTICE

COMPREHENSIVE PLAN AMENDMENT CASE #CP-2022-05 -- The City of Stockbridge Planning
Commission and the City of Stockbridge Mayor and City Council will hear a Comprehensive Plan
Amendment Request by John R. Landers, Jr., the Applicant, to change the future land use
designation of Parcel #S27-02021000 (a.k.a. 443 MLK, Sr. Heritage Trail) from ‘Medium-Density
Residential’ to ‘Heavy Industrial’ to allow for an industrial development. The property contains
1.962 +/- acres and it is located in Land Lot 36 of District 12 within the Stockbridge City Limits.

REZONING CASE #RZ-2022-06 -- The City of Stockbridge Planning Commission and the City of
Stockbridge Mayor and City Council will hear a Rezoning Request by John R. Landers, Jr., the
Applicant, to rezone Parcel #S27-02021000 (a.k.a. 443 MLK, Sr. Heritage Trail) from ‘SR’
(Suburban Residential) to ‘HI’ (Heavy Industrial’) to allow for an industrial development. The
property contains 1.962 +/- acres and it is located in Land Lot 36 of District 12 within the
Stockbridge City Limits.

ZONING MODIFICATION CASE #ZM-2022-01 -- The City of Stockbridge Planning Commission
and the City of Stockbridge Mayor and City Council will hear a Zoning Modification Request by
Eaman Fatemi, Member (Owner as Applicant) to modify the previously-approved Rezoning Case
#RZ-03-04 and its Development Agreement (along with two amendments) for the proposed
Brush Creek Commons townhome development. The applicant requests various changes to the
required amenities and site plan. The property contains 15.895 +/- acres, with frontages on
Brush Creek Court and Shields Road. It is located in Land Lots 59 & 70 of District 12 within the
Stockbridge City Limits.

CITY OF STOCKBRIDGE PLANNING COMMISSION / PUBLIC HEARING

Date: Thursday, October 27, 2022 at 6:30 p.m.
Location: Council Chamber of Stockbridge City Hall at 4640 North Henry Boulevard,
Stockbridge, Georgia, 30281.

CITY OF STOCKBRIDGE MAYOR AND CITY COUNCIL MEETING / PUBLIC HEARING

Date: Monday, November 14, 2022, at 6:00 p.m.
Location: Council Chamber of Stockbridge City Hall at 4640 North Henry Boulevard,
Stockbridge, Georgia, 30281.

Please run a Legal ad in The Henry Herald on the following date: Saturday, October 8, 2022.

Edited by: Date:

Checked by: Date:

Approved by: Date:

Received at The Daily Herald by:

Date: Time:

Please Bill: 7040—Community Development Department, Planning and Zoning Division

Please e-mail a copy of the Ad, once it has run, to planning@cityofstockbridge-ga.gov and also
to llogan@cityofstockbridge-ga.gov.

Thank you.

Linda M. Logan

Linda M. Logan, Senior Planner
Planning and Zoning Division
Community Development Department
City of Stockbridge
Stockbridge City Hall
4640 North Henry Boulevard
Stockbridge, GA 30281
(678) 833-3344
llogan@cityofstockbridge-ga.gov

PUBLIC HEARING NOTICE

ANNEXATION CASE #AX-2022-01 -- The City of Stockbridge Planning Commission and the City of
Stockbridge Mayor and City Council will hear an Annexation Request by S3 Capital Investments,
LLC, the Applicant, represented by Battle Law, P.C., the Agent, to annex a parcel, as described
below, into the Stockbridge City Limits from unincorporated Henry County in order to allow the
parcel to be combined with an adjacent parcel for a mixed residential development.

Parcel #071-01034012 – Located at 2125 Highway 42 North in unincorporated
Henry County, across from Summit View Drive. Currently zoned ‘MU’ (Mixed-
Use), with a land use designation of ‘MIX’ (Mixed-Use). Contains 20.00 +/- acres.
Located in Land Lot 31 of District 7.

COMPREHENSIVE PLAN AMENDMENT CASE #CP-2022-02 -- The City of Stockbridge Planning
Commission and the City of Stockbridge Mayor and City Council will hear a Comprehensive Plan
Amendment Request by S3 Capital Investments, LLC, the Applicant, represented by Battle Law,
P.C., the Agent, to change the future land use designations of certain parcels, as are described
below, from ‘Light Industrial’, ‘Low-Density Vertical Mixed-Use’, and ‘Mixed-Use’ to ‘High-Density
Residential’ in order to allow for a mixed residential development.

• Parcel #071-01034012 – Located at 2125 Highway 42 North in unincorporated
Henry County, across from Summit View Drive. Applicant proposes to change
the current Henry County land use designation of ‘Mixed-Use’ to the City of
Stockbridge’s land use designation of ‘High-Density Residential’ after the parcel
is annexed into the Stockbridge City Limits. Contains 20.00 +/- acres. Located
in Land Lot 31 of District 7.

• Parcel #071-01034014—Located within the Stockbridge City Limits, with
frontage on Highway 42 North and situated at the end of Technology Parkway.
Applicant proposes to change the current land use designation from ‘Light
Industrial’ and ‘Low-Density Vertical Mixed-Use’ to ‘High-Density Residential’.
Contains 22.01 +/- acres. Located in Land Lot 31 of District 7.

[Continued]

REZONING CASE #RZ-2022-02 -- The City of Stockbridge Planning Commission and the City of
Stockbridge Mayor and City Council will hear a Rezoning Request by S3 Capital Investments, LLC,
the Applicant, represented by Battle Law, P.C., the Agent, to rezone certain property from ‘OI’
(Office-Institutional) and ‘LI’ (Light Industrial) in the Stockbridge City Limits and ‘MU’ (Mixed-Use)
in unincorporated Henry County to ‘PUD’ (Planned Unit Development) to allow for a mixed
residential development. The property contains two parcels, as are listed below, with 42.01 +/- total
acres.

• Parcel #071-01034012 – Located at 2125 Highway 42 North in unincorporated
Henry County, across from Summit View Drive. Currently zoned ‘MU’ (Mixed-
Use). Contains 20.00 +/- acres. Located in Land Lot 31 of District 7.

• Parcel #071-01034014—Located within the Stockbridge City Limits, with
frontage on Highway 42 North and situated at the end of Technology Parkway.
Currently zoned ‘OI’ (Office-Institutional) and ‘LI’ (Light Industrial)’. Property
also lies within the Parkway Mixed-Use Overlay District. Contains 22.01 +/-
acres. Located in Land Lot 31 of District 7.

CITY OF STOCKBRIDGE PLANNING COMMISSION MEETING /PUBLIC HEARING

Date: Thursday, August 25, 2022
Location: In-person meeting to be held in the Council Chamber at the Stockbridge City Hall,
and also to be held virtually via Zoom. Prior to the meeting, the Zoom connection
will be made available on the City website— www.cityofstockbridge.com
Time: 6:30 p.m.

CITY OF STOCKBRIDGE MAYOR AND CITY COUNCIL MEETING / PUBLIC HEARING

Date: Monday, September 12, 2022
Location: In-person meeting to be held in the Council Chamber of Stockbridge City Hall, and
also to be held virtually via Zoom. Prior to the meeting, the Zoom connection will
be made available on the City website -- www.cityofstockbridge.com
Time: 6:00 p.m.

Please run a Legal ad in The Henry Herald on the following date: Saturday, August 6, 2022.

Edited by: Date:

Checked by: Date:

Approved by: Date:

Received at The Daily Herald by:

Date: Time:

Please Bill: 7040—Community Development Department, Planning and Zoning Division

Please e-mail a copy of the Ad, once it has run, to planning@cityofstockbridge-ga.gov and also to
llogan@cityofstockbridge-ga.gov.
Thank you.

Linda M. Logan

Linda M. Logan, Senior Planner
Planning and Zoning Division
Community Development Department
City of Stockbridge
Stockbridge City Hall
4640 North Henry Boulevard
Stockbridge, GA 30281
(678) 833-3344
llogan@cityofstockbridge-ga.gov
City of Stockbridge
MEETING DATE
AGENDA ITEM
November 14, 2022 FUNDING SOURCE
RESOLUTION GENERAL FUND
ORDINANCE FUND BALANCE
CONTRACT APPROVAL/RENEWAL SPLOST IV
PUBLIC HEARING TSPLOST
PRESENTATION CDBG
BID SELECTION/AWARD GRANT FUNDING
TASK ORDER COUNCIL INITIATIVE
CHANGE ORDER PARTNER/SPONSOR
BUDGET AMENDMENT DEPARTMENT FUND BALANCE
BUDGET TRANSFER BONDING
PAYMENT APPROVAL ACCOUNT TRANSFER FROM: N/A
OTHER ACCOUNT TRANSFER TO: N/A

PRESENTER: Brecca Carter, Director and Ryan Anderson, Chief Planner.

DEPARTMENT: Community Development.

ITEM/PROJECT/EVENT:
Consider a Comprehensive Plan Amendment request (CP-2022-02) by S3 Capital Investments, LLC, repre-
sented by Battle Law, P.C., to change the future land use designations of two parcels to ‘High-Density Resi-
dential’ to allow for an independent living/age-restricted residential development. Tract 1, located at
2125 Highway 42 North (outside the City; to be annexed) has existing Henry County land use designation
of ‘Mixed-Use’. Tract 2, located at Highway 42 North and Technology Parkway (in the City) has existing
land use designations of ’Light Industrial’ and ’Low-Density Vertical Mixed-Use’.

BACKGROUND INFORMATION:

Companion Applications—1) AX-2022-01 to request the annexation of Tract 1 (with 20 +/- acres) into the
City; and 2) RZ-2022-02 to request the rezoning of both parcels to ‘PUD’.
Proposed Development—Existing Southern Crescent Rehabilitation and Retirement Center plus 276 new
independent living, age-restricted, attached and detached residential units on 42.01 +/- total acres.
Staff Recommendation—Approval .
Planning Commission Recommendation—Approval at the August 25, 2022 Meeting.

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

THANK YOU FOR YOUR INTEREST IN THE CITY OF STOCKBRIDGE, GEORGIA. THIS
PACKET INCLUDES THE NECESSARY DOCUMENTS THAT ARE NEEDED FOR APPLYING
FOR AN AMENDMENT TO THE STOCKBRIDGE COMPREHENSIVE PLAN.

APPLICATION REVIEW PROCESS. COMPREHENSIVE PLAN AMENDMENT APPLICATIONS
ARE FIRST REVIEWED BY THE PLANNING AND ZONING STAFF, WHO MAKE
RECOMMENDATIONS TO THE PLANNING COMMISSION. THE PLANNING COMMISSION
THEN HOLDS A PUBLIC HEARING DURING ONE OF THEIR REGULARLY-SCHEDULED
MEETINGS AND MAKES RECOMMENDATIONS TO THE MAYOR AND CITY COUNCIL.
FINALLY, THE CASE GOES TO THE STOCKBRIDGE MAYOR AND CITY COUNCIL, WHO
HOLD A PUBLIC HEARING DURING ONE OF THEIR REGULARLY-SCHEDULED MEETINGS.
THEY MAKE THE FINAL DECISION ON THE APPLICATION.

PLEASE NOTE: ALL FEES ARE NON-REFUNDABLE. THERE ARE NO EXCEPTIONS.

REQUIRED PRE-APPLICATION MEETING—BEFORE SUBMITTING YOUR APPLICATION,
PLEASE CONTACT THE PLANNING AND ZONING DIVISION OFFICE TO SCHEDULE A PRE-
APPLICATION MEETING. THIS MEETING MUST BE HELD AT LEAST ONE WEEK BEFORE
YOU SUBMIT YOUR APPLICATION.

NO PRE-APPLICATION MEETING WILL BE CONDUCTED WITHOUT AN APPOINTMENT.

FOR ASSISTANCE, YOU MAY CONTACT OUR OFFICE BETWEEN 8:00 AM AND 5:00 PM,
MONDAY THROUGH FRIDAY, AT (678) 833-3344.

ALL PUBLIC HEARINGS TAKE PLACE IN THE COUNCIL CHAMBER AT THE STOCKBRIDGE
CITY HALL AT 4640 NORTH HENRY BOULEVARD IN STOCKBRIDGE, GEORGIA,
30281, UNLESS THEY ARE HELD VIRTUALLY VIA ZOOM.

City of Stockbridge GA Community Dev. Dept. 4640 N. Henry Blvd. Stockbridge GA 30281 770/389-7900
CITY OF STOCKBRIDGE Planning and Zoning Division
Application Checklist for Requesting an Amendment to the Comprehensive Plan

APPLICANT/AGENT, PLEASE ENSURE THAT YOU HAVE SUBMITTED ALL OF THE REQUIRED ITEMS THAT ARE
LISTED BELOW. AFTER YOU SUBMIT YOUR APPLICATION , THE STAFF WILL UTILIZE THE LAST COLUMN TO
CHECK OFF EACH REQUIRED ITEM TO DETERMINE THE COMPLETENESS OF YOUR APPLICATION. PLEASE
INCLUDE THE CHECKLIST WITH YOUR APPLICATION.

ALL DOCUMENTS ARE REQUIRED IN ORDER TO ACCEPT AN APPLICATION.
REQUIRED COPIES PROCEDURE CHECK /
ITEMS INTIAL
Pre- 1 To be completed by a Staff planner during a Pre-
Application Application Meeting, at least one week before you
Review Form submit your application. /
(Meeting
Notes)
Application 1 Signed and notarized by property owner. Or, in lieu of
Form owner’s signature, applicant has signed and notarized a /
copy of a “Contract”, “Power of Attorney” or “Lease.”
Applicant 1 Required for all property owners, applicants, and agents
Disclosure who are parties to this application. The Form must be /
Form notarized.
Letter of 1 Letter stating that the owner is aware of the amendment /
Ownership being requested and owns the subject property.
Letter of 1 Must clearly state the proposed amendment to the
Intent Comprehensive Plan.
Site Plans 20 Must show minimum details: Buildings, setbacks,
( 11 x 17) buffers, road frontage, correct scale, North arrow, present
zoning classification, topographic information to show /
elevation and drainage, location and extent of required
buffers, and proposed lot layout.
Survey Plat-- 1 Of the subject property. Must be prepared and sealed
Sheet size within the last five years by a professional engineer,
must be Size landscape architect, or land surveyor who is registered in /
8-1/2” x 11” the State of Georgia. Said survey plat shall: 1) indicate
or 11” x 17”. the complete boundaries of the subject property and all
buildings and structures existing therein; 2) include a
notation as to whether or not any portion of the subject
property is within the boundaries of the 100-year
floodplain; and 3) include a notation as to the total
acreage or square footage of the subject property.

City of Stockbridge GA Community Dev. Dept. 4640 N. Henry Blvd. Stockbridge GA 30281 770/389-7900
City of Stockbridge Planning and Zoning Division
Application for an Amendment to the Comprehensive Plan
Name of Applicant S3 Capital Investments, LLC
__________________________________ Phone: 678-565-7710
_______________Date: June 1, 2022
_________________________________________________ Cell 678-565-7710
Address of Applicant: 2125 Highway 42 North #_________________
City: McDonough
________________________ State: Georgia ________ E-mail: kelsawi@sctbi.com
______Zip: 30253 ______________________________
Name of Agent____________________________________ Phone: 404-601-7616
Battle Law, P.C. ________________Date: June 1, 2022
3562 Habersham at Northlake Building J, Suite 100
Address of Agent: ______________________________________________________Cell 404-601-7616
Tucker
City: _____________________ State:Georgia
______Zip: 30084
_________ E-mail: mlb@battlelawpc.com
The property will be POSTED with a City of
THE PERSONS NAMED ABOVE AFFIRM THAT THEY ARE THE OWNER
Stockbridge Planning and Zoning Sign. The sign must
OR AGENT OF THE OWNER OF THE PROPERTY DESCRIBED BELOW
remain on the subject property for no less than fifteen
AND REQUESTS THAT THE FOLLOWING AMENDMENT TO THE
days prior to the Planning Commission and Mayor/City
COMPREHENSIVE PLAN BE GRANTED:
Council meeting(s). The applicant or property owner
FROM: Light Industrial and Low Density Vertical Mixed-Use, and Mixed Use
__________________________________________________________ shall not remove or alter the sign for any reason.
MB
_______________________________(Acknowledgement)
High Density Mixed Use
TO:_____________________________________________________________

Grandiflora Drive
Property Address: ____________________________________________________________________________

Highway 42 N and Summit View Drive
Nearest intersection to the property: ______________________________________________________________

42
Size of Tract: ___________acre(s). 31+, 31
Land Lot Number(s): _________________________. 7
District(s): _________
Property Tax Parcel Number(s):
071-01034012, 071-01034014
__________________________________________________________________________________ (Required)

Witness’ Signature Signature of Applicant

__________________________________ S3 Capital Investments, LLC
Printed Name of Witness Printed Name of Applicant

Notary Signature of Agent

Notary Seal:

(For Office Use Only)

Total Amount Paid $____________ Check #________ Credit Card # _________________________ (FEES ARE NON-REFUNDABLE)

Application checked by: _______________________________Date: _____________ _____________________________________

Pre-application meeting: _______________________________________________ Date: __________________________________

Planning Commission Decision: _______________________________________________________________________________

Mayor/City Council Decision:

Planning Director’s Signature: _________________________________________________________________ Date: __________________
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant• made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of S'toc kb~ Planning Commission or the Stockbridge City Council, who will consider the application?
Yes___ No

If Yes, the applicant and the attorney representing the applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed:

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, thi s 2{) day of {ety-4
53 Capital Investments, LLC
Applicant's Name - Printed
D \(\A c... c:~ \:z20.. ,.,,),
Signature of Applicant/Property Owner/ Agent

Applicant's Attorney, if applicable - Printed Signature of Applicant's Attorney, if applicable

Sworn to and subscribed before me this_ _,_2,_~l)~_____day of };b()Jlldld'

* Applicant means any individual or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or trust) applying for rezoning.
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant" made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of St oc kb~e Planning Commission or the Stockbridge City Council, who will consider the application?
Yes___No ~

If Y§, the applicant and the attorney representing the applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed :

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, this 2-tJ day of_ __CH::eb
_~N ~~...,.,_-~•~22
Southern Crescent Rehab & Retirement Co Inc c<;::::), ~ \ )=:.\69.W",
Applicant's Name - Printed Signature of Applicant/Property Owner/ Agent

Applicant's Attorney, if applicable - Printed Signature of Applicant's Attorney, if applicable

Sworn to and subscribed before me this_ ____,_a,._____,O~ _ _ _ _day of l='°tk,,,L~

* Applicant means any individual or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or trust) applying for rezoning.
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant• made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of Stockbridge _JU'cfnning Commission or the Stockbridge City Council, who will consider the application?
Yes___No -~--

If Yes , the applicant and the attorney representing t he applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed:

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, this ls...+ day of m1)\r\ ~ .w~L-
Michele Battle
Applicant's Name - Print Signature of Applicant/Property Owner/ Agent

Signature of Applicant' s Attorney, if applicable

Sworn to and subscribed before me this_\~~-;\-
_ _ _ _ _ day of ffi0.'1\

* Applicant means any individua l or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or t rust) applying for rezoning.
CITY OF STOCKBRIDGE I OWNER'S AUTHORIZATION
4640 North Henry Boulevard
Stockbridge, GA 30281
Phone : (770) 389-7900
Fax: (770) 389-7912

The undersigned below, or as attached, is the owner of the property that is the subject of this application. The
undersigned does duly authorize the applicant named below to act as applicant in the pursuit of a rezoning of
the property.

Name:
Southern Crescent Rehab & Retirement Co Inc

Property Address : 2125 Highway 42 North McDonough, Georgia 30253

Telephone: ( 678 ) _ _56_5_-7_7_1_0_ __ _ __ Email: kelsawi@sctbi.com

I swear that I am the owner of the property that is the subject matter of the attached application, as it is shown
in the records of Henry ~('I•o/~rgi'7 (J
Signature : t._11/i;/A{J 'f.A.- Date: 'l{ 2--2../ lL

Personally appeared before me,

Who swears the information contained in this
authorization is true and correct to the best of
his/her knowledge and belief.

Print
VICINITY MAP (NOT TO SCALE) SITE DATA
CURRENT PROPOSED CURRENT PROPOSED
BAYBERRY HILL TRACT STE AREA PARCEL ID# PROPERTY OWNER PROPOSED USE PROPOSED UNITS PROPOSED DENSITY
JURISDICTION JURISDICTION ZONING ZONING

ASSISTED LIVING, NURSING /
REHABILITATION, 7 DETACHED I.L. UNITS
SOUTHERN CRESCENT UNINCORPORATED CITY OF MU (MIXED
SU 1 20.0 AC. 071-01034012 PUD AGE-RESTRICTED, 93 ATTACHED I.L. UNITS 5 UNITS PER ACRE
MM
DRT VIE
REHAB HENRY COUNTY STOCKBRIDGE USE)
INDEPENDENT LIVING 100 TOTAL I.L. UNITS Moore Bass
SITE
W RESIDENTIAL (I.L.) Consulting, Inc.
AGE-RESTRICTED, 52 DETACHED I.L. UNITS · Civil Engineering
CITY OF CITY OF
WHITNEY LN
2 22.0 AC. 071-01034014 S3 CAPITAL INVESTMENTS, LLC O&I PUD INDEPENDENT LIVING 124 ATTACHED I.L. UNITS 8 UNITS PER ACRE · Land Surveying
STOCKBRIDGE STOCKBRIDGE
RESIDENTIAL 176 TOTAL I.L. UNITS · Development Consulting
GR
AN · Landscape Architecture
DR IFL
OR GA TOTAL 276 TOTAL I.L. UNITS 6.6 UNITS PER ACRE · Environmental Permitting
A Y
HW CA
MP
MAYGOLD ST
42 GR
OU www.moorebass.com
ND
R D TALLAHASSEE ATLANTA
25
WARBLER WAY
26 1350 Keys Ferry Court
McDonough, GA 30253
27
ATTACHED 770.914.9394
28 AGE-RESTRICTED HOMES
24
29 23 124 UNITS
22
30 21
20
31 19
18
32
17
124 16
33 15
W Y DETACHED
PK

S3 CAPITAL INVESTMENTS, LLC
123 14 AGE-RESTRICTED HOMES
34
13 O GY 52 UNITS
OL
122

SOUTHERN CRESCENT
12
35 97
H N

ERN RAI
EC
121 11
36 98 10 T
9 142

LROAD
37 120 99
TRACT 2 141
38 119 140
100 7 HE
NR

HW
6 CIT Y 139

INDEPENDENT LIVING
96 YO CO
39 118 FS UN

GIA
5 TY 138
101 95 TO
40 117 4 CK 137

OR
BR

K SOUTH
102 3 IDG
94 136

GE
E 143
116 2
41 103 DOG 135
1 144
115 93 PARK 134
42
145
104 133 42
114 146
43

NORFOL
132
92
44 105
113 147
91 CABANA 163
PICKLEBALL

PROJECT NAME
45 106 87 86 85 84 83 82 81 COURTS 162
90 88

CLIENT NAME
112 161 148
107 131
46 89
160 149 FU
111 130 R
108 TU
47 POOL 159
129 TRACT 2
110
155 EG
48 128 DO
109 168
127 TR
156 150 /W
49 167 157
80 126
73 74 75 76 77 78 79 169 151
72 125 158
50 70 71
68 69 166 152
67 176 170
51 65 66 153
64 165
62 63 171 154
52 60 61 175
58 59
57 164 SWMF
53 174 172

54 ATTACHED & DETACHED 173
AGE-RESTRICTED HOMES TRACT 1
55
100 UNITS
56 PROPOSED COMMUNITY CENTER
WITH POOL, FITNESS FACILITY, MEETING ROOMS, 100 YEAR FLOODPLAIN
100 YEAR FLOODPLAIN I DGE BUSINESS CENTER
KBR
TOC
OF S TY
CITY OUN
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SWMF H ENR
SWMF
10 POOL

11
9 8 7 6 1
12 5 4 3 2

13

78 79 80 81 82 83 85 86
84
14

15

16 87 88 89 90 91 92 93 94
77 76 95 96 97 98 99 100
75 74 70 NT

REVISIONS
73 72 71 69 ME
AVE
17 IN GP
IST
EX
EXISTING PAVEMENT
18
PROPOSED ACCESS ROAD (PRIVATE)
50
19
49
20 TRACT 1
48
21 60 61 62 63 64 65 66 67 68 A3501.0002-REZ
47
DATE 12-15-2021

EXISTING PAVEMENT EXISTING PAVEMENT
22 SOUTHERN CRESCENT
46 REHABILITATION
23 (NURSING / REHABILITATION
PROPOSED ASSISTED
LIVING FACILITY
CONTRACT #
BUILDING

Q:\A3501.0001\Engineering\Planning\A3501.0002-REZ.dwg, SITE-NORTH, smoore, Jun 01, 2022 - 8:13:17am
EXPANSION
59 58 57 56 55 45 DRAWN BY SDM
24 54 53 52 51
44 The Drawings, Specifications and other documents
prepared by Moore Bass Consulting, Inc. (MB) for
25 this Project are instruments of MB for use solely
43 with respect to this Project and, unless otherwise
provided, MB shall be deemed the author of these
documents and shall retain all common law,
statutory and other reserved rights, including the
26 PROPOSED ACCESS ROAD (PRIVATE) copyright.
42
27
41
1350 KEYS FERRY COURT
28 EXISTING PAVEMENT McDONOUGH, GA 30253
30 31 40 LSF #1179
32 33 34 35 36 37 38
29
39
SEAL

SHEET TITLE
GRAPHIC SCALE
100 0 50 100 200 400 CONCEPTUAL
SITE PLAN

( IN FEET )
2022.03.10
1 inch = 100 ft. SHEET

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DAl'E: 2-11-2015
LEGEND LINE CALL CHART
LINE BEARING DISTANCE
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EX. OH POWER LINES- E E
EX. WATER VALVE-------- """
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SANITARY SEWER MANHOLE----69
EX. FENCE - X - X - X - X - X S3 CAPITAL INVESTMENTS LLC
P0B = POINT OF BEGINNING SEWER CLEAN-OUT---------O DB. 13781 PG. 293
IPS = IRON PIN SET (#4 REBAR) STORM HEADWALL--------- 0 PB. 23 PG. 251
DB. = DEED BOOK 071-01034014
EX. SINGLEWING CATCH BASIN ~
PB. = PLAT BOOK ZONED M-1
PG. = PAGE EX. DOUBLEWING CATCH BASIN ~ CITY OF STOCKBRIDGE
N/F = NOW OR FORMERLY JUNCTION BOX----------- 0
EX. = EXISTING E

RCP = REINFORCED CONCRETE PIPE EX. BUILDING------- ~
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CPP = CORRUGATED PLASTIC PIPE EX. ASPHALT------- - REBAR REBAR E
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EX. CONCRETE------ I -·<'·I FOUND S 89"45'27" WFOUND
EX. FIRE HYDRANT - - - - - - - • ~ 11' 133.06' E
\'o . HENRY COUNTY LIMITS SS

RESERVED FOR CLERK OF THE SUPERIOR COURT E

SS

SS

25 ' STATE WATERS BUFF E
so' WATER QUALITY BUFFER,,
SS
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THIS PROPERTY IS SUBJECT TO ALL RIGHT
SS
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THIS SURVEY WAS PREPARED WITHOUT SS
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SS
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TIME OF SURVEY. ADDITIONAL UTILITIES MAY SS
SS
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PIN# 071 G0 10570 00
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CITY OF STOCKBRIDGE

SURVEY ORDERED BY: KHALED EL-SAWI
FIELDWORK COMPLETED ON: 4-28-2021
A SEARCH WAS MADE FOR NGS MONUMENTS
AND NONE WERE FOUND WITHIN 500' OF SITE.
1-7 ® r
@ N/F
MAGNOLIAS AT EAGLES

I I LANDING PHASE 1
PB. 30 PG. 11
ZONED RM
CITY OF STOCKBRIDGE
SURVEYORS CERTIFICATION:
THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE
PRECISION OF ONE FOOT IN 47,985 FEET AND AN ANGULAR
This plat is a retracement of an existing parcel or parcels of land and does not ERROR OF 0.01" PER ANGLE POINT AND WAS ADJUSTED
subdivide or create a new parcel or make any changes to any real property boundaries.
USING THE COM PASS RULE.
The recording information of the documents, maps, plats, or other instruments which
THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND WAS FOUND
created the parcel or parcels are stated hereon. RECORDATION OF THIS PLAT DOES NOT
TO BE ACCURATE WITHIN ONE FOOT IN 100,000 FEET. GENERAL NOTES:
IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS, COMPLIANCE WITH
LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY FOR ANY USE OR PURPOSE OF EQUIPMENT USED: TOPCON GTS-313. AREA: 19.995 ACRES
THE LAND. Furthermore, the undersigned land surveyor certifies that this plat complies PARCEL: 0 7 1-0103 40 12
with the minimum technical standards for property surveys in Georgia as set forth in AS PER OFFICIAL FLOOD INSURANCE MAPS BY ZONED 01
the rules and regulations of the Georgia Board of Registration for Professional THE F.E.M.A., A PORTION OF THIS PROPERTY IS MINIMUM LOT AREA= 10,000 SQ.FT. (COUNTY WATER & SEWER)
Engineers and Land Surveyors and as set forth in O.C.G.A. Section 15-6-67. LOCATED IN A FLOOD HAZARD AREA ( ZONE A) MINIMUM LOT WIDTH=1 2 5'
AS PER COMMUNITY - PANEL NUMBER 13151C0156D FRONT SETBACK- - - - so· PROJECT #: B15 008
DATED: OCTOBER 6, 2016 REAR SETBACK - - - - 20 ' BOUNDARY SURVEY
SIDE SETBACK: - - - - 15'
19.995 ACRES
SEWER AS PER HCWA.
WATER AS PER HCWA
SURVEYOR'S CERTIFICATION: DRAWN BY: TLM
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND WAS 300'
PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE ON SCALE: 1 " = 1 oo·
THE GROUND BY ME OR UNDER MY SUPERVISION, AND THAT THE ! DATE: 04/ 29/ 202 1
MONUMENTS REFERENCED HEREON, EXIST AND THEIR SIZES, GRAPHIC SCALE = FEET
LOCATIONS AND MATERIALS ARE CORRECTLY SHOWN.
SHEET: 1 OF 1
RECEP/i::fJ 1:~ OFF /C:
BK: 13781 P6: 293-299
Filed and Recorded Oct-23-2014 os:s1:45AM
~;E:IH r' CCIJ HTY DOCt: D2014-023643
CLERK OF SUPE:rl !0R CDtJRT Real Estate Transfer Tox Poid $110 oo
0752014007392 '
201~ OCT 22 PM I: 30 BARBARA A, HARRISON
CLERK OF SUPERIOR COURT Henry County GA,

Return to:
LANE & KARLO, LLP
1827 Powers Ferry Road
Building Five
Atlanta, Georgia 30339

File No: LK144911
Auction #JOA30-7102

LIMITED WARRANTY DEED

STATE OF GEORGIA

COUNTY OF COBB

THIS INDENTURE, made and entered into this 16th day of October, in the year two
thousand fourteen, by and between

HARVEST POINT UNITED METHODIST CHURCH, INC.

of the County of Henry, and State of Georgia, as party or parties of the first part, hereinafter
called Grantor, and

S3 CAPITAL INVESTMENTS, LLC

as party or parties of the second part, hereinafter called Grantee (the words "Grantor'' and
"Grantee" to include their respective heirs, successors and assigns where the context requires
or permits.)

WITNESSETH that: Granter, for and in consideration of the sum of TEN AND NO/100
($10.00) DOLLARS in hand paid at and before the sealing and delivery of these presents, the
receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and
confirmed, and by these presents does grant, bargain, sell, convey and confirm unto the said
Grantee, the following described property, to-wit:

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BK: 13781 PG: 294

All those tracts or parcels of land lying and being in Land Lots 31, 32 and 33, 7th District, Henry
County, Georgia, and being more particularly described In Exhibit A, attached hereto and made a
part hereof.

This conveyance is made and authorized in accordance with and pursuant to The Book of
Discipline of the United Methodist Church (2012), as set forth and confirmed in and by that
certain Certification and Consent, attached hereto and made a part hereof.

TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights,
members and appurtenances thereof, to the same being, belonging, or in anywise appertaining,
to the only proper use, benefit and behoof of the said Grantee forever in FEE SIMPLE.

AND THE SAID Grantor will warrant and forever defend the right and title to the above
described property unto the said Grantee against the claims of all persons claiming by, through
or under Grantor herein .

IN WITNESS WHEREOF, the Granter has signed and sealed this deed as of the day and
year above written.

Signed, sealed and delivere_d in the HARVEST POINT UNITED METHODIST
presence of: CHURCH, INC.
~-1Ml,/.~r&'-P(.~~-~~L)
ames David McMemmen, Chairman
(President)

By~~~EAL)
Patrick Michael O'Neill, Vice-Chairman
1,1N1 1tt;1
(Vice-President)
My Commission Expires
October 2, 201 ll

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BK: 13781 PG: 295

EXHIBIT A

TRACT I: All that tract or parcel of land lying and being in Land Lots 31, 32 and 33 of the 7th
District of Henry County, Georgia, and being 14.I 69 acres designated as Tract I on a plat of survey
prepared for Davis Development, Inc., prepared by Carlton Rakestraw, Jr. of Carlton Rakestraw &
Associates, Ga. R.L.S. #2236, dated July 11, 2003, and last revised September 3, 2003, whicli. said
plat of survey is incorporated herein and by reference thereto being more particularly described as
follows:
TO FIND THE 'ffiUE POINT OF BEGINNING, commence at an iron pin set on the Southwestern
right-of•way line of S.R. 42/U.S. 23 (801 R/W), said iron p~ ~ ;~t.St ~ ~ y as
measured along said right~f-way line from its intersection with~ ~ rig1¢"6f~y lit,ie of,
Tunis Drive; thence leaving said rigbt~f-way line South 59' degn,¢$ S(i :minutes S4 sooonds West
447.09 feet to a ½" R.R. found; thence proceeding South 30 degrees 02 minutes 01 second East
100.14 feet to an iron pin set; thence proceeding South 59 degrees SS minutes 51 seconds West
1l'.3.17 feet to an iron pin set~ thence proceeding North 30. degrees 04 minutes 09 seconds West
138.00 feet to a½"' R.R. found; thence proceeding South 59 degrees 55 minutes Sl seconds West
320.47 feet to a½" R.R. found at the TRUE POINT OF BEGINNING; thence proceeding from said
true point of beginning South 23 degrees 24 minutes 14 seconds West 71.99 feet to a½" R.R.
found; thence proceeding South 71 degrees 56 minutes 43 seconds West 150.56 feet to a ½" R.R.
found; thence proceeding North 65 degrees 57 minutes 01 second West 115.18 feet to aw• R.R.
found; thence proceeding South 88 degn,es 21 minutes 41 seconds West 280.93 feet to a½" R.R.
found; thaice procemg South 78 dearec,s 36 minutes 17 seconds West 3U.03 feet to.a ½" R.R.
found; ·thence proceeding South 38 degrees·S8 minutes 41 aeconds Wm 549.45 feet to a ½" R.R.
found on the Bastem right-of-way line of Southern Railway (1 SO' R/W); thence proceeding along
the Eastern right-of-way line of Southern Railway North 09 degrees 06 minutes 42 seconds Bast
1.345.95 feet to an iron pin set; the.nee leaving the Eastern right-of.way line of Southern Railway
South S4 degrees 14 minutes 16 seconds East 932.52 feet to a ½" R.R. found; the.nee proceeding
South 47 degrees 05 minutes 54 seconds East 325.48 feet to a ½" R.R. found at the TRUE POINT
OF BEGINNING. ~

TRACT 11: All that tract or parcel of land lying and being in Land Lot 31 of the 7th District of
Henry County, Georgia, and being 7.841 acres designated as Tract Ilona plat of survey prepared
for Davis Development, Inc., prepared by Carlton Rakestraw, Jr. of Carlton Rakestraw &
Associates, Ga. R.L.S. #2236, dated July 11, 2003, and last revised September 3, 2003, which said
plat of survey is incorporated herein and by reference thereto being more particularly described as
follows:

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STATEMENT OF INTENT

and

Other Material Required by
City of Stockbridge Zoning Ordinance

For

Annexation, Rezoning, and Future Land Use Map Amendment

of

S3 Capital Investments, LLC
c/o Battle Law, P.C.

for

19.995 +/- Acres located at PIN #071-01034012, 071-01034014
Highway 42 and Summit View Drive

Submitted for Applicant by:

Michèle L. Battle, Esq.
Battle Law, P.C.
Habersham at Northlake, Building J, Suite 100
Tucker, Georgia 30084
(404) 601-7616 Phone
(404) 745-0045 Facsimile
mlb@battlelawpc.com

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

S3 Capital Investments, LLC (the “Applicant”) is requesting annexation into the Incorporated
City of Stockbridge for the rezoning of 19.995 acres of land, which is further described as parcel
071-01034012. The subject property is currently developed under the unincorporated Henry County
Office and Institutional and Mixed-Use zoning districts. The applicant is requesting to be rezoned
from OI, LI and MU to PUD a companion Future Land Use Map Amendment request to change the
land use designation from Light Industrial to High Density Residential.

The subject property will be adjacent to the Southern Crescent Rehabilitation Center, which is
zoned Mixed Use. S3 Capital Investments’ proposal includes 52 detached housing units and 124
attached units for an age-restricted independent living community. The applicant is requesting the
petition of zoning and other applicable zoning actions to obtain approval and acceptance of the
annexation of both parcels of land which will include a total of 276 total units, which 100 of the
units will be provided as part of the South Crescent tract that is designated for assisted living,
nursing and rehabilitation.

CURRENT PROPOSED CURRENT PROPOSED
STE AREA PARCEL ID# PROPERTY OWNER PROPOSED USE PROPOSED UNITS
JURISDICTION JURISDICTION ZONING ZONING

ASSISTED LIVING, NURSING /
REHABILITATION, 7 DETACHED I.L. UNITS
SOUTHERN CRESCENT UNINCORPORATED CITY OF MU (MIXED
20.0 AC. 071-01034012 PUD AGE-RESTRICTED, 93 ATTACHED I.L. UNITS
REHAB HENRY COUNTY STOCKBRIDGE USE)
INDEPENDENT LIVING 100 TOTAL IL UNITS
RESIDENTIAL (IL )

AGE-RESTRICTED, 52 DETACHED IL UNITS
CITY OF CITY OF
220 AC. 071-01034014 S3 CAPITAL INVESTMENTS, LLC O&I PUD INDEPENDENT LIVING 124 ATTACHED 1.L. UNITS
STOCKBRIDGE STOCKBRIDGE
RESIDENTIAL 176 TOTAL I.L. UNITS
TOTAL 276 TOTAL IL UNITS

The applicant currently has a list of conditions for the proposed development that is being revised
for the transition into the City of Stockbridge. This document is currently being drafted and will be
submitted as an attachment to this application.

This document is submitted as a Statement of Intent with regard to this Application, preservation
of the Applicant’s constitutional rights, and an application of the criteria provided in the Steinberg
3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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Act to provide a rigorous analysis of the proposed rezoning and land use amendment. A surveyed
plat and conceptual site plan of the Subject Property has been filed contemporaneously with the
Application, along with other required materials.

II. REVIEW CRITERIA FOR JUSTIFICATION

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

The Subject Property is abutted by a residential neighborhood to the south. There
are commercial-zoned parcels adjacent east and north of the property. The
Southern Crescent site is currently developed and the adjacent tract, which is
referenced as tract 2 is currently undeveloped with heavy tree coverage throughout
the parcel. The proposed use appears to be suitable in view of the surrounding
properties as a residential addition to the Highway 42 corridor.

B. Whether the zoning proposal will adversely affect the existing use or usability of
adjacent or nearby property The land use amendment and zoning proposal will
not adversely affect the existing use or usability of adjacent or nearby property.

The proposed land use amendment and zoning proposal will allow the Applicant to
improve upon the area surrounding the Subject Property by bringing high-quality
architectural design, road access through the Subject Property, jobs, and senior
services that are in high demand according to the regional market.

C. Whether the property will be affected by the zoning proposal has a reasonable
economic use as currently zoned.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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The Subject Property does have a reasonable economic use as zoned. However, the
land-use amendment and zoning proposal will not change this fact. There is an
annexation request which will allow this development to be added to the City of
Stockbridge. We believe that this project would best benefit from the regulations
established within the City of Stockbridge Zoning Ordinance.

D. Whether the zoning proposal will result in a use that will or could cause excessive
or burdensome use of existing streets, transportation facilities, utilities or schools.

The land use amendment and zoning proposal will not result in a use which will or
could cause excessive or burdensome use of existing streets, transportation
facilities, utilities or schools.

E. Whether the zoning proposal is in conformity with the policy and intent of the
land-use plan. The land use amendment and zoning proposal is in conformity with
the policy and intent of the land-use plan.

The zoning proposal is appropriate for the simultaneous land use amendment
because the assigned land use designation is not compatible as industrial land use.
The proposed site will be residential with a low-density yield. The requested change
appears to be more conforming with the area given that there are existing
residential land uses adjacent to the subject property.

F. Whether there are other existing or changing conditions affecting the use and
development of the property which give supporting grounds for either approval or
disapproval of the zoning proposal.
The Applicant is aware of the conditions that were assigned by Henry County’s staff.
The applicant intends to carry some of the conditions with some alterations in the

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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language that will best suit the development regulations and policies of the City of
Stockbridge.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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III. NOTICE OF CONSTITUTIONAL ALLEGATIONS AND PRESERVATION OF APPLICANT’S
CONSTITUTIONAL RIGHTS

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

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

A denial of this Application would constitute an arbitrary irrational abuse of discretion and
unreasonable use of the zoning power because they bear no substantial relationship to the public
health, safety, morality or general welfare of the public and substantially harm the Applicant in
violation of the due process and equal protection rights guaranteed by the Fifth Amendment and

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph I
and Article I, Section III, Paragraph 1 of the Constitution of the State of Georgia.

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

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

A refusal to allow the land use amendment and/or rezoning in question would be invalid
inasmuch as it would be denied pursuant to an ordinance which is not in compliance with the
Zoning Procedures Law, O.C.G.A Section 36-66/1 et seq., due to the manner in which the Ordinance
as a whole and its map(s) have been adopted. The existing land use designation and/or zoning
classification on the Subject Property is unconstitutional as it applies to the Subject Property.

This notice is being given to comply with the provisions of O.C.G.A. Section 36-11-1 to
afford the City an opportunity to revise the Property to a constitutional classification. If action is not

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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taken by the City to rectify this unconstitutional land use designation and/or zoning classification
within a reasonable time, the Applicant is hereby placing the City on notice that it may elect to file a
claim in the Superior Court of Henry County demanding just and adequate compensation under
Georgia law for the taking of the Subject Property, diminution of value of the Subject Property,
attorney’s fees and other damages arising out of the unlawful deprivation of the Applicant’s
property rights.

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

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

A denial of this Application would constitute an arbitrary irrational abuse of discretion and
unreasonable use of the zoning power because they bear no substantial relationship to the public
health, safety, morality or general welfare of the public and substantially harm the Applicant in

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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violation of the due process and equal protection rights guaranteed by the Fifth Amendment and
Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph I
and Article I, Section III, Paragraph 1 of the Constitution of the State of Georgia.

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

IV. Conclusion

Thank you for your consideration for this project. The applicant is more than willing to provide
any additional documents and supporting details. For the foregoing reasons, the Applicant
respectfully requests that the simultaneous Annexation, Land Use Amendment, and Rezoning
application at issue be approved. The Applicant also invites and welcomes any comments from Staff
or other officials of the City of Stockbridge so that such recommendations or input might be
incorporated as conditions of approval of this Application.

This 1st day of June 2022.

Respectfully submitted,

Michele L. Battle, Esq. Attorney for the Applicant

c/o Tyler McSwain, Senior Urban Planner

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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I• ➔ i =:•-

I• ➔ i =:•-

TO: Mayor/Council
Planning Commission

FROM: Linda M. Logan, Senior Planner, Planning and Zoning Division

CC: Brecca Carter, Community Development Director
R. Ryan Anderson, Chief Planner

DATE: October 10, 2022

SUBJECT: Comprehensive Plan Amendment Case #CP-2022-02 for Two Parcels:
1) Property at 2125 Highway 42 North within unincorporated Henry
County; and 2) Property at Highway 42 North and Technology Parkway
in the City of Stockbridge.

I. PURPOSE

Consider a Comprehensive Plan Amendment application by S3 Capital Investments,
LLC, represented by Battle Law, P.C., to change the future land use designations of two
parcels, from ‘Light Industrial’, ‘Low-Density Vertical Mixed-Use’, and ‘Mixed-Use’ to ‘High-
Density Residential,’ to allow for an independent living/age-restricted residential
development. The parcels and the requested land use designation changes are listed
below. The applicant has also applied for an annexation (AX-2022-01) of Parcel #071-
01034012 in unincorporated Henry County and a rezoning of both parcels (RZ-2022-02).

• Parcel #071-01034012 – Represents Tract 1. Located at 2125 Highway
42 North in unincorporated Henry County, across from Summit View
Drive. Applicant proposes to change the current Henry County land
use designation of ‘Mixed-Use’ to the City of Stockbridge’s land use
designation of ‘High-Density Residential’ when the parcel is annexed
into the Stockbridge City Limits via the applicant’s companion
annexation application, AX-2022-01. Contains 20.00 +/- acres.
Located in Land Lot 31 of District 7.

• Parcel #071-01034014—Represents Tract 2. Located within the
Stockbridge City Limits, with frontage on Highway 42 North and
situated at the end of Technology Parkway. Applicant proposes to
change the current land use designation from ‘Light Industrial’ and
‘Low-Density Vertical Mixed-Use’ to ‘High-Density Residential’.
Contains 22.01 +/- acres. Located in Land Lot 31 of District 7.

City of Stockbridge, GA Community Dev. Dept. / CP-2022-02 Staff Report / October 10, 2022

II. BACKGROUND

Proposed Development Independent living /age-restricted
residential development.
Site Address 2125 Highway 42 North, across from
Summit View Drive; and Highway 42
North at Technology Parkway.
Parcel Identification Subject property includes two parcels: 1)
Parcel #071-01034012 with 20.00 acres in
unincorporated Henry County; and 2)
Parcel # 071-01034014 with 22.01 in the
City of Stockbridge.
Parcel Acreage 42.01 +/- total acres within two parcels.
Applicant S3 Capital Investments, LLC.
Owner Southern Crescent Rehabilitation &
Retirement Community, Inc.
Current County Zoning ‘MU’ (Mixed-Use).
Current City Zoning ‘LI’ (Light Industrial) and ‘OI’ (Office-
Institutional)
County Land Use Designation ‘MIX’ (Mixed-Use).
City Land Use Designation ‘’Light Industrial’ and Low-Density Vertical
Mixed Use’
Current Use The Southern Crescent Rehabilitation &
Retirement Center is located on Parcel
#071-01034012 at 2125 Highway 42
North.
Surrounding Land Uses • North—Industrial warehouses; church.
• South and West—Magnolias at Eagles
Landing Subdivision.
• East—Industrial warehouse; Highlands
at Eagles Landing Subdivision; Summit
at Eagles Landing Subdivision; a Thai
restaurant.

III. FINDINGS OF FACT

• If the proposed Annexation (AX-2022-01) is approved, and the applicant wishes to
proceed with the proposed development, then the applicant would need to combine
both parcels for both the requested Comprehensive Plan Amendment (CP-2022-02)
and the requested rezoning (RZ-2022-02) to be approved. To facilitate this, a

City of Stockbridge, GA Community Dev. Dept. / CP-2022-02 Staff Report / October 10, 2022

Recombination Plat application would be required, and it could be handled
administratively.
• A small stream borders the subject property to the north. It appears to be a tributary
of Wolfe Creek.

IV. PROJECT DESCRIPTION

The applicant requests a Comprehensive Plan Amendment to change the land use
designations of both parcels to allow for an independent living / age-restricted residential
development proposal, which would include both parcels. Tract 1 would include the
existing Southern Crescent Rehabilitation & Retirement Center, as well as the
construction of 100 new independent living units, including 7 detached units and 93
attached units, with a density of 5 units per acre. Tract 2, which is currently vacant, would
feature the construction of 176 independent living units, including 52 detached units and
124 attached units, with a density of 8 units per acre. The total development, including
both parcels, would contain 276 independent living units, with a density of 6.6 units per
acre.

To allow for the proposed development, the applicant has also applied for a rezoning of
the subject property by requesting that Tract 1 be rezoned from Henry County’s ‘MU’
(Mixed Use) district to the City’s ‘PUD’ (Planned Unit Development) district, and that Tract
2 be rezoned from ‘OI’ (Office-Institutional) and ‘LI’ (Light Industrial) to PUD. Tract 2 is
also located within the Parkway Mixed-Use Overlay District. Further, the applicant would
need to apply for a Recombination Plat to combine the two parcels.

The applicant’s submitted a Conceptual Site Plan shows that three accesses would be
provided into the proposed development. These include the existing driveway at 2125
Highway 42 North, which serves the existing Southern Crescent Rehabilitation &
Retirement Center; a new entrance off Highway 42 North, across from Glenmore Lane;
and the extension of Technology Parkway. A central street would connect the two tracts,
crossing over the existing stream.

Each tract would have its own set of amenities. The subject property (Tract 1) would
contain a clubhouse, a pool, and a cabana, while Tract 2 would contain pickleball courts,
a pool, and a cabana. Tract 1 would contain two small detention ponds and Tract 2 would
contain a larger detention pond.

The submitted rendering suggests that the proposed residential units would have pitched
roofs, hardiplank veneers, and single-car garages.

The companion rezoning application states that the applicant will be submitting a proposed
list of conditions for adoption, but such list has not yet been received by Community
Development.

City of Stockbridge, GA Community Dev. Dept. / CP-2022-02 Staff Report / October 10, 2022

V. MAPS AND ILLUSTRATIONS TO FOLLOW:

A. Aerial Photograph

B. Boundary Survey

C. Henry County Zoning Map

D. City of Stockbridge Zoning Map

E. Henry County Land Use Designation Map

F. Conceptual Site Plan

G. Rendering

City of Stockbridge, GA Community Dev. Dept. / CP-2022-02 Staff Report / October 10, 2022

A. AERIAL PHOTOGRAPH

Subject Property:
2125 Highway 42 North
Parcel #071-01034012
a.k.a. “Tract 1”

A. BOUNDARY SURVEY

City of Stockbridge, GA Community Dev. Dept. / CP-2022-02 Staff Report / October 10, 2022

B. BOUNDARY SURVEY

Subject Property:
2125 Highway 42 North
Parcel #071-01034012
a.k.a. “Tract 1”

The Boundary Survey shows the presence of the existing Southern Crescent
Rehabilitation & Retirement Center.

City of Stockbridge, GA Community Dev. Dept. / CP-2022-02 Staff Report / October 10, 2022

C. HENRY COUNTY ZONING MAP

The subject property (a.k.a. “Tract 1”) is shown in the buff color on the map. It is zoned
‘MU’ (Mixed Use).

City of Stockbridge, GA Community Dev. Dept. / CP-2022-02 Staff Report / October 10, 2022

D. CITY OF STOCKBRIDGE ZONING MAP

Legend:
Main Road – Highway 42 North
Lavender – LI (Light Industrial)
Light Blue – OI (Office-Institutional)
Gold – MFR (Multiple Family Residential)
Gold area to the west and south -- Magnolias at Eagles Landing Subdivision
Gold area to the east -- Highlands at Eagles Landing Subdivision &
Summit at Eagles Landing Subdivision
Light Pink – C-1 (Neighborhood Commercial)
Medium Pink – C-2 (General Commercial)
Yellow – SR (Suburban Residential)
White – Located outside of the City

City of Stockbridge, GA Community Dev. Dept. / CP-2022-02 Staff Report / October 10, 2022

E. HENRY COUNTY LAND USE DESIGNATION MAP

From the Henry County Comprehensive Plan

The subject property (a.k.a. “Tract 1”) is shown in the lavender color on the map below. It
has a future land use designation of ‘MIX’ (Mixed Use). The other colors on the map
show properties which are also located within unincorporated Henry County.

City of Stockbridge, GA Community Dev. Dept. / CP-2022-02 Staff Report / October 10, 2022
10

F. CONCEPTUAL SITE PLAN

The Conceptual Site Plan shows three proposed accesses into the site, a central street
connecting the two tracts and crossing over a stream, amenities for each tract, and three
detention ponds.

City of Stockbridge, GA Community Dev. Dept. / CP-2022-02 Staff Report / October 10, 2022
11

G. RENDERING

This rendering suggests the provision of pitched roofs, mostly hardiplank siding, and
single-car garages.

City of Stockbridge, GA Community Dev. Dept. / CP-2022-02 Staff Report / October 10, 2022
12

V. ANALYSIS OF REQUEST

A. Consistency with the Comprehensive Plan.

The proposed development is not consistent with the Comprehensive Plan’s land use
designations for the subject property. The requested Comprehensive Plan Amendment
for the proposed land use designation changes is necessary because the current land
use designations do not allow the type of development which the applicant is proposing,
or they do not allow the proposed residential densities. The applicant therefore proposes
to change the future land use designations of the two parcels as follows:

• Tract 1--From Henry County’s land use designation of ‘Mixed-Use’ to the City
of Stockbridge’s land use designation of ‘High-Density Residential’, which
would be more appropriate for the applicant’s proposed type of development
and would indicate the approximate density of the project.
• Tract 2—From the City’s land use designations of ‘Light Industrial’ and ‘Low-
Density Vertical Mixed-Use’ to ‘High-Density Residential’. The existing ‘Light
Industrial’ land use designation does not allow residential uses, and the
existing ‘Low-Density Vertical Mixed-Use’ land use designation is intended
for buildings which contain commercial uses on the ground floor and
residential uses on the upper floors.

B. Relation to the Zoning of the Property. The property’s requested zoning districts
are not permitted within the property’s existing land use designations. To allow for the
proposed development, the applicant has therefore requested the rezoning of the subject
property (via RZ-2022-02) as follows:

• Tract 1—From Henry County’s zoning district of ‘MU’ (Mixed-Use) to the City
of Stockbridge’s zoning district of ‘PUD’ (Planned Unit Development).
Although Henry County’s MU district is believed to be like the City’s PUD
district, if Tract 1 is annexed into the City, it would need to be assigned a City
zoning district.
• Tract 2—From the City of Stockbridge’s zoning districts of ‘OI’ (Office-
Institutional) and ‘LI’ (Light Industrial) to ‘PUD’ (Planned Unit Development).
The OI and LI districts do not allow residential uses.

But there is no need to change the property’s land use designations unless the property
is rezoned per the above specifications. Therefore, any approval of the requested
Comprehensive Plan Amendment via CP-2022-02 must be contingent upon the
simultaneous approval of the requested rezoning of the property via RZ-2022-02.

C. Suitability of the Site’s Location. The proposed ‘High-Density Residential’ land use
designation would be compatible with the ‘High-Density Residential’ land use designation
of the Magnolias at Eagles Land Subdivision to the south.

City of Stockbridge, GA Community Dev. Dept. / CP-2022-02 Staff Report / October 10, 2022
13

D. Maintaining the Current Land Use Designation. Tract 1 is already partially
developed with the existing Southern Crescent Rehabilitation and Retirement Center, but
for this parcel to be annexed into the City, per AX-2022-01, it would need to have a City
land use designation assigned to it. For Tract 2, additional industrial uses could be
developed on the northwestern portion of the parcel due to its proximity to other existing
industrial uses, the remainder of this parcel is unlikely to be developed with vertical mixed-
use buildings under the existing ‘Low-Density Vertical Mixed-Use’ designation due to the
parcel’s size, odd shape, and proximity to the existing industrial uses. The proposed
‘High-Density Residential’ land use designation, with its higher density, would be more
appropriate for this location.

STAFF RECOMMENDATION

This Staff Report has demonstrated that the requested Comprehensive Plan Amendment,
via CP-2022-02, would be necessary and desirable for the subject property in conjunction
with the requested rezoning of the property, via RZ-2022-02, to allow for the proposed
independent living/age-restricted residential development. The Planning and Zoning
Staff recommends CONDITIONAL APPROVAL of the requested Comprehensive Plan
Amendment based upon:

1. Recombination Approval -- The two parcels shall be officially combined
via an administrative recombination plat application, after the applicant has
submitted proof to the Community Development Department that an
acceptable new plat has been recorded by the Henry County Superior
Court, Real Estate Records Division.

City of Stockbridge, GA Community Dev. Dept. / CP-2022-02 Staff Report / October 10, 2022
Presentation
For AX-2022-01:
Annexation Request for the Proposed

“Southern Crescent” Mixed Residential

Development

At 2125 Highway 42 North

Presented To:
Planning Commission – August 25, 2022
City Council – October 10, 2022

By:
City of Stockbridge Community
Development Department,
Planning and Zoning Division
AERIAL PHOTOGRAPH OF SUBJECT PROPERTY:
Outside the City; to Be Annexed
Parcel #071-01034012 at 2125 Highway 42 North
With 20.00 +/- Acres
PURPOSE

APPLICANT’S REQUEST -- Consider a petition to annex 22.01 +/- acres of land at 2125 Highway 42 North within

unincorporated Henry County, located in Land Lot 31+ of District 7, and comprising Parcel #071-01034012.

The application by S3 Capital Investments, LLC, is represented by Battle Law, P.C., as part of a development proposal

to include Parcel #071-01034014 within the Stockbridge City Limits at Highway 42 North and Technology Parkway.
BACKGROUND INFORMATION
CATEGORY FINDINGS
Proposed Development Independent living / age-restricted residential development.
Site Address 1225 Highway 42 North, across from Summit View Drive; and
Highway 42 North at Technology Parkway.
Parcel Identification Parcel #071-01034012 in unincorporated Henry County.
Parcel Acreage 20.01 +/- acres.
Applicant S3 Capital Investments, LLC.
Owner Southern Crescent Rehabilitation & Retirement Community, Inc.
Current County Zoning ‘MU’ (Mixed-Use).
Current City Zoning N/A
County Land Use Designation ‘MIX’ (Mixed-Use).
City Land Use Designation N/A
Current Use Southern Crescent Rehabilitation & Retirement Center.
Surrounding Land Uses ~ North—Vacant land.
~ South and West—Magnolias at Eagles Landing Subdivision.
~ East—Industrial warehouse; Highlands at Eagles Landing
Subdivision; Summit at Eagles Landing Subdivision; a Thai
restaurant.
PROJECT DESCRIPTION
Proposed Development -- Independent living / age-restricted residential development proposal, to include both parcels. Tract 1 would
include the existing Southern Crescent Rehabilitation & Retirement Center, and the construction of 100 new independent living units,
including 7 detached units and 93 attached units, with a density of 5 units per acre. Tract 2, which is currently vacant, would feature
the construction of 176 independent living units, including 52 detached units and 124 attached units, with a density of 8 units per
acre. The total development, including both parcels, would contain 276 independent living units, with a density of 6.6 units per acre.
Companion Applications – To allow for the proposed development, the applicant has also applied for a Rezoning of the subject
property via RZ-2022-02, from Henry County’s ‘MU’ (Mixed Use) to the City’s ‘PUD’ (Planned Unit Development); as well as a
Comprehensive Plan Amendment via CP-2022-02, to change the property’s land use designation from Henry County’s ‘MIX’ (Mixed
Use) to the City’s ‘High-Density Residential’. Further, the applicant would need to apply for a Recombination Plat to combine the two
parcels.
Applicant’s Conceptual Site Plan -- Shows that three accesses would be provided into the proposed development: 1) the existing
driveway at 2125 Highway 42 North, which serves the existing Southern Crescent Rehabilitation & Retirement Center; 2) a new
entrance off Highway 42 North, across from Glenmore Lane; and 3) the extension of Technology Parkway. A central street would
connect the two tracts, crossing over the existing stream.
Amenities -- Each tract would have its own set of amenities. The subject property (Tract 1) would contain a clubhouse, a pool, and a
cabana, while Tract 2 would contain pickleball courts, a pool, and a cabana. Tract 1 would contain two small detention ponds and
Tract 2 would contain a larger detention pond.
Rendering -- The submitted rendering suggests that the proposed residential units would have pitched roofs, hardiplank veneers, and
single-car garages.
OTHER FINDINGS OF FACT

1. Companion Applications--The applicant has also applied for a Comprehensive Plan Amendment (CP-2022-02) and a
rezoning of the property (RZ-2022-02).

2. Combination of Two Parcels--The applicant seeks to combine the subject property with Parcel # 071-01034014 to the
north, within the Stockbridge City Limits, for which a Recombination Plat application will be required.

3. Existing Stream Between Parcels--A small stream borders the subject property to the north. It appears to be a
tributary of Wolfe Creek.

4. Previous Henry County Rezoning—The property was rezoned by Henry County last year (Case #RZ-21-18 on 7/20/21)
from ‘OI’ (Office-Institutional) to ‘MU’ (Mixed-Use), with twenty-four (24) Zoning Conditions. The Stockbridge
Community Development Department has identified nineteen (19) of them which are applicable to the proposed
development, and which comply with the City’s Unified Development Code (UDC).
BOUNDARY SURVEY
Subject Property:
2125 Highway 42 NorthParcel #071-01034012
a.k.a. “Tract 1”
The Boundary Survey shows the presence of the existing Southern Crescent Rehabilitation & Retirement Center.
HENRY COUNTY ZONING MAP
The subject property (a.k.a. “Tract 1”) is shown in the
buff color on the map. It is zoned ‘MU’ (Mixed Use).
HENRY COUNTY LAND USE DESIGNATION MAP
From the Henry County Comprehensive Plan
The subject property (a.k.a. “Tract 1”) is shown in the lavender color on the map below. It has
a future land use designation of ‘MIX’ (Mixed Use). The other colors on the map show
properties which are also located within unincorporated Henry County.
CONCEPTUAL SITE PLAN
The Conceptual Site Plan shows three proposed accesses into the site, a central street connecting
the two tracts and crossing over a stream, amenities for each tract, and three detention ponds.
RENDERING
This rendering suggests the provision of pitched roofs,
mostly hardiplank siding, and single-car garages.
ANALYSIS OF REQUEST – Page One
1. Contiguous with the City --The subject property is contiguous with Parcel #071-01034014 to the north,
which would be combined with the subject property to form the overall proposed development.

2. Provision of Services -- Water and sewer services are provided by the Henry County Water Authority.
Fire and EMS services are provided by Henry County. Electricity is provided by Georgia Power Company.
Police services are provided by Henry County, but this would change to the City of Stockbridge.
3. Proposed Urban Development -- The applicant proposes to maintain the existing rehabilitation and
rehabilitation facility, and to construct 100 “independent living” units on the subject property.

4. Consistency with the City’s Comprehensive Plan –The subject property is located outside of the City. It
has a Henry County land use designation of ‘MIX’ (Mixed-Use). The adjacent Tract 2 to the north,
which would be combined with the subject property for the proposed development, has land use
designations of ‘Low-Density Residential’ and ‘Light Industrial’. Although the applicant’s
proposed Comprehensive Plan Amendment of the subject property to ‘High-Density Residential’ would
not be compatible with these designations, the applicant also seeks to change the land use designations
of Tract 2 to ‘High-Density Residential’.

5. Consistency with Adjoining City Zoning -- The proposed annexed property does not share a common
zoning classification with the adjoining City property. However, the applicant seeks to rezone both
properties to ‘PUD’ (Planned Unit Development).
ANALYSIS OF REQUEST – Page Two
6. Potential Positive Effects -- The developer would maintain the existing Southern Crescent Rehabilitation & Rehabilitation
Center. Since many of the proposed residential units would be located to the rear of this facility or at the end of Technology
Parkway, they may not be visible from Highway 42 North.
7. Physical Site Suitability -- The subject property is already developed with the existing Southern Crescent Rehabilitation &
Retirement Center. The Conceptual Site Plan shows the presence of a stream, which would be traversed by a proposed internal
street. A large open space area would be designated along the stream, which should be preserved.
8. Impact on Adjacent Property Owners -- To the south and west of the subject property lies The Magnolias at Eagles Landing
Subdivision, which appears to be fully developed. The proposed residential units would be near the lots in that subdivision, but
a significant buffer is shown on the site plan. It may be prudent for the developer to also install a fence along the perimeter of
the property.
9. Impacts on City Infrastructure -- A letter from the Henry County Water Authority, dated May 23, 2022, stated that water ser-
vice, sewage treatment, and sewer line capacity are all available for the subject property. However, it further states that the
proposed site plan would be “in conflict” with an existing 8-inch sewer line, and that the sewer would need to be relocated at
the developer’s expense. In addition, an easement would be required to access the sewer line from Highway 42 North.
10. Traffic and Transportation Impacts – The developer should coordinate with Henry County DOT & Georgia DOT regarding pos-
possible intersection improvements at Highway 42 North and Technology Parkway. The City’s Fire Marshal approved the pro-
posed new entrance off Highway 42 North and the internal site circulation. A deceleration should be added, though, at the
new entrance.
11. Environmental Impacts – The developer would need to coordinate with City engineers and other environmental
officials regarding a bridge crossing over the existing stream, as well as the protection of sensitive floodplain areas.
CONCLUSIONS

CONCLUSIONS:

1. Reasonableness of Requested Annexation--The proposed annexation is reasonable in view of the following:
a. The applicant’s plans to include the subject parcel with the adjacent parcel for a proposed independent living/age-
restricted development traversing both parcels;
b. The surrounding land uses and conditions; and
c. The satisfactory findings of the eleven (11) Analysis criteria above.

2. Needed Zoning Conditions -- It would be appropriate to require nineteen (19) of the twenty-four (24) Zoning Conditions
that were required by Henry County in the RZ-21-18 rezoning approval of this property last year, which comply with the
City’s UDC, and which are suitable for the proposed development on the subject property.
STAFF RECOMMENDATION—Page One
RECOMMENDATION --The Community Development Staff recommends APPROVAL WITH CONDITIONS for the proposed
annexation of the subject property at 2125 Highway 42 North into the Stockbridge City Limits, conditioned upon the
following nineteen (19) Zoning Conditions:
1. The uses of the subject property shall be limited to memory care, assisted living, and independent living with associated
amenities and provision of care, meeting use requirements.
2. Entrances shall be located such that the minimum intersection sight distance and the minimum spacing requirement are
met per the road's posted speed limit, and they shall have a deceleration lane and an acceleration taper which are
designed and constructed to Henry County DOT’s standards.
3. All disturbed areas shall be sodded, except where landscaping is present or installed.
4. The residential portion of the development shall consist of cluster single-family attached and detached units only. The
total number of dwelling units shall be limited to one hundred (100). Compliance with zoning conditions and develop-
ment standards may further limit the number of dwelling units.
5. An on-site amenity package shall be provided, and it shall consist of at least the following:
a. A Community Center which includes, at a minimum, a fitness facility, a meeting room, and a business center.
b. Two (2) cabanas.
c. Two (2) swimming pools.
d. Two (2) outdoor recreation areas, including walking trails and three (3) pavilions. The pavilions shall be no less than
1,200 square feet.
6. The Community Center shall be completed prior to the issuance of the fiftieth (50th) building permit of a single-family
attached or detached dwelling unit.
STAFF RECOMMENDATION—Page Two
7. The residential portion of the development shall comply with Section 3.2.35 of the City’s Unified Development Code (UDC)
regarding the provision of single-family senior adult housing.
8. Provision of care and/or personal services, as defined by O.C.G.A. 31-7-12.2(b)(2), shall be provided to any assisted living and
independent living residents before the first single-family attached or detached unit receives any certificate of occupancy.
9. Any approved development permit shall be limited to a maximum of sixty (60) dwelling units until the proposed access point
to the north, as depicted on the RZ-21-18 rezoning site plan, dated April 9, 2021, is designed and constructed to the standards
of Henry County DOT and the City of Stockbridge, and it connects to an already-existing public right-of-way. This access point
shall be open for the use of the residents within five (5) years from the date of approval of this rezoning resolution, or before
the issuance of the Certificate of Occupancy (CO) of the 61st dwelling unit, whichever occurs first. No additional permits shall
be issued until the developer has engineered and constructed the secondary access.
10. The subject property shall not, at any time, be developed as a traditional single-family and/or multifamily residential develop-
ment (even if it is age-marketed or age-targeted), or any other type of residential community that does not require each single-
family attached or detached unit to house an individual who requires a level of care that is provided by the assisted living
facility.
11. Community facilities, recreational areas, access gate(s), if any, public space(s), and open space(s) shall be maintained by the
existing, and all subsequent, owners/operators of the existing rehabilitation center and/or assisted living facility at the subject
property, which is currently Southern Crescent Rehab & Retirement Co., Inc., as per current public tax records.
12. A traffic impact study (TIS) shall be required before the approval of the first development permit. At a minimum, the
developer/owner’s engineer shall provide an Intersection Control Evaluation Study to Georgia DOT of the site’s existing access,
per Georgia DOT’s requirements. The developer/owner shall be responsible to provide all of the indicated improvements that
are required by the City of Stockbridge Unified Development Code (UDC).
STAFF RECOMMENDATION—Page Three
13. The dwelling units shall have a minimum of 1,200 square feet, with a running minimum average of 1,800 square feet.
14. The dwelling units shall be Craftsman style, as approved by the Community Development Department, and they shall have a
water table that is at least three (3) feet high, consisting of brick or similar materials.
15. Each dwelling unit shall have a garage. Garages shall be setback by a minimum of twelve inches (12”) from the front
dripline of the home. Greater than 50 percent of the dwelling units shall have a two-car garage. The balance shall have
one and a half car garages. Garages shall have crown molding that is complimentary to the exterior of the homes.
16. An adequate number of dwelling units shall be reserved for those leaving the care of assisted living, who are needing
transitional living arrangements.
17. All stormwater management facilities shall be environmentally friendly, landscaped, enclosed with a fence that is four
(4) feet high, at a minimum, and shall be included in the common area to be maintained by the HOA.
18. An HOA shall be required, and it shall maintain the common areas and building exteriors.
19. Interior sidewalks shall be a minimum of eight (8) feet wide. Exterior sidewalks along Highway 42 shall be a minimum
often (10) feet wide.
2125 Highway 42 North,
Rezoning
Henry County, GA
LOCATION
Southern Crescent TBI Center

· About Southern Crescent TBI
· SCTBI is a cutting edge in-patient healthcare facility that is dedicated to providing medical and
rehabilitation services for individuals who have suffered a traumatic or acquired brain injury.
GOAL
· TO PROVIDE QUALITY SENIOR HOUSING
WITHIN THE CITY OF STOCKBRIDGE THAT
IS SECOND TO NONE AT AFFORDABLE
RATES
SITE PLAN
· Age Restricted
Community for 55
and Older

· 224 Townhome units

· 52 Single-Family
Detached units
POD I
POD II
POD III
SITE DATA
ELEVATION (PHASE 1)
AMENITY AREAS
PROPOSED AMENITIES
· 1. Two community center/clubhouses
• Library
• Small Theater
• Live Music
• Meeting Rooms and Business Center

2. Heated indoor and outdoor swimming pools

3. Walking Trail

4. Pickle Ball Courts

5. Dog Park

6. 100% Lawn Maintenance

7. Mandatory HOA with no rentals allowed expect by the Declarant under the Declaration of Restrictive Covenants

8. Access to medical services for a fee
Frequently Asked...
· Proposed building materials: Brick and Siding
· Unit sizes: 1600 sf
· Number of bedrooms: 2 & 3
· Garages available: Yes, 1 & 2 cars
· Amenities: Two pools, two community centers which will include libraries, a wellness
center, walking trail, and on-demand (paid) medical services
· Anticipated price: Low $300,000s
· When do you anticipate the first units being available for sale/rent?: 2023
· Who will these units be primarily marked to?: 55+ age restricted
THANK YOU FOR YOUR INTEREST IN THE CITY OF STOCKBRIDGE, GEORGIA. THIS
PACKET INCLUDES THE NECESSARY DOCUMENTS THAT ARE NEEDED FOR APPLYING
FOR AN AMENDMENT TO THE STOCKBRIDGE COMPREHENSIVE PLAN.

APPLICATION REVIEW PROCESS. COMPREHENSIVE PLAN AMENDMENT APPLICATIONS
ARE FIRST REVIEWED BY THE PLANNING AND ZONING STAFF, WHO MAKE
RECOMMENDATIONS TO THE PLANNING COMMISSION. THE PLANNING COMMISSION
THEN HOLDS A PUBLIC HEARING DURING ONE OF THEIR REGULARLY-SCHEDULED
MEETINGS AND MAKES RECOMMENDATIONS TO THE MAYOR AND CITY COUNCIL.
FINALLY, THE CASE GOES TO THE STOCKBRIDGE MAYOR AND CITY COUNCIL, WHO
HOLD A PUBLIC HEARING DURING ONE OF THEIR REGULARLY-SCHEDULED MEETINGS.
THEY MAKE THE FINAL DECISION ON THE APPLICATION.

PLEASE NOTE: ALL FEES ARE NON-REFUNDABLE. THERE ARE NO EXCEPTIONS.

REQUIRED PRE-APPLICATION MEETING—BEFORE SUBMITTING YOUR APPLICATION,
PLEASE CONTACT THE PLANNING AND ZONING DIVISION OFFICE TO SCHEDULE A PRE-
APPLICATION MEETING. THIS MEETING MUST BE HELD AT LEAST ONE WEEK BEFORE
YOU SUBMIT YOUR APPLICATION.

NO PRE-APPLICATION MEETING WILL BE CONDUCTED WITHOUT AN APPOINTMENT.

FOR ASSISTANCE, YOU MAY CONTACT OUR OFFICE BETWEEN 8:00 AM AND 5:00 PM,
MONDAY THROUGH FRIDAY, AT (678) 833-3344.

ALL PUBLIC HEARINGS TAKE PLACE IN THE COUNCIL CHAMBER AT THE STOCKBRIDGE
CITY HALL AT 4640 NORTH HENRY BOULEVARD IN STOCKBRIDGE, GEORGIA,
30281, UNLESS THEY ARE HELD VIRTUALLY VIA ZOOM.

City of Stockbridge GA Community Dev. Dept. 4640 N. Henry Blvd. Stockbridge GA 30281 770/389-7900
CITY OF STOCKBRIDGE Planning and Zoning Division
Application Checklist for Requesting an Amendment to the Comprehensive Plan

APPLICANT/AGENT, PLEASE ENSURE THAT YOU HAVE SUBMITTED ALL OF THE REQUIRED ITEMS THAT ARE
LISTED BELOW. AFTER YOU SUBMIT YOUR APPLICATION , THE STAFF WILL UTILIZE THE LAST COLUMN TO
CHECK OFF EACH REQUIRED ITEM TO DETERMINE THE COMPLETENESS OF YOUR APPLICATION. PLEASE
INCLUDE THE CHECKLIST WITH YOUR APPLICATION.

ALL DOCUMENTS ARE REQUIRED IN ORDER TO ACCEPT AN APPLICATION.
REQUIRED COPIES PROCEDURE CHECK /
ITEMS INTIAL
Pre- 1 To be completed by a Staff planner during a Pre-
Application Application Meeting, at least one week before you
Review Form submit your application. /
(Meeting
Notes)
Application 1 Signed and notarized by property owner. Or, in lieu of
Form owner’s signature, applicant has signed and notarized a /
copy of a “Contract”, “Power of Attorney” or “Lease.”
Applicant 1 Required for all property owners, applicants, and agents
Disclosure who are parties to this application. The Form must be /
Form notarized.
Letter of 1 Letter stating that the owner is aware of the amendment /
Ownership being requested and owns the subject property.
Letter of 1 Must clearly state the proposed amendment to the
Intent Comprehensive Plan.
Site Plans 20 Must show minimum details: Buildings, setbacks,
( 11 x 17) buffers, road frontage, correct scale, North arrow, present
zoning classification, topographic information to show /
elevation and drainage, location and extent of required
buffers, and proposed lot layout.
Survey Plat-- 1 Of the subject property. Must be prepared and sealed
Sheet size within the last five years by a professional engineer,
must be Size landscape architect, or land surveyor who is registered in /
8-1/2” x 11” the State of Georgia. Said survey plat shall: 1) indicate
or 11” x 17”. the complete boundaries of the subject property and all
buildings and structures existing therein; 2) include a
notation as to whether or not any portion of the subject
property is within the boundaries of the 100-year
floodplain; and 3) include a notation as to the total
acreage or square footage of the subject property.

City of Stockbridge GA Community Dev. Dept. 4640 N. Henry Blvd. Stockbridge GA 30281 770/389-7900
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant• made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of S'toc kb~ Planning Commission or the Stockbridge City Council, who will consider the application?
Yes___ No

If Yes, the applicant and the attorney representing the applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed:

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, thi s 2{) day of {ety-4
53 Capital Investments, LLC
Applicant's Name - Printed
D \(\A c... c:~ \:z20.. ,.,,),
Signature of Applicant/Property Owner/ Agent

Applicant's Attorney, if applicable - Printed Signature of Applicant's Attorney, if applicable

Sworn to and subscribed before me this_ _,_2,_~l)~_____day of };b()Jlldld'

* Applicant means any individual or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or trust) applying for rezoning.
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant" made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of St oc kb~e Planning Commission or the Stockbridge City Council, who will consider the application?
Yes___No ~

If Y§, the applicant and the attorney representing the applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed :

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, this 2-tJ day of_ __CH::eb
_~N ~~...,.,_-~•~22
Southern Crescent Rehab & Retirement Co Inc c<;::::), ~ \ )=:.\69.W",
Applicant's Name - Printed Signature of Applicant/Property Owner/ Agent

Applicant's Attorney, if applicable - Printed Signature of Applicant's Attorney, if applicable

Sworn to and subscribed before me this_ ____,_a,._____,O~ _ _ _ _day of l='°tk,,,L~

* Applicant means any individual or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or trust) applying for rezoning.
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant• made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of Stockbridge _JU'cfnning Commission or the Stockbridge City Council, who will consider the application?
Yes___No -~--

If Yes , the applicant and the attorney representing t he applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed:

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, this ls...+ day of m1)\r\ ~ .w~L-
Michele Battle
Applicant's Name - Print Signature of Applicant/Property Owner/ Agent

Signature of Applicant' s Attorney, if applicable

Sworn to and subscribed before me this_\~~-;\-
_ _ _ _ _ day of ffi0.'1\

* Applicant means any individua l or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or t rust) applying for rezoning.
CITY OF STOCKBRIDGE I OWNER'S AUTHORIZATION
4640 North Henry Boulevard
Stockbridge, GA 30281
Phone : (770) 389-7900
Fax: (770) 389-7912

The undersigned below, or as attached, is the owner of the property that is the subject of this application. The
undersigned does duly authorize the applicant named below to act as applicant in the pursuit of a rezoning of
the property.

Name:
Southern Crescent Rehab & Retirement Co Inc

Property Address : 2125 Highway 42 North McDonough, Georgia 30253

Telephone: ( 678 ) _ _56_5_-7_7_1_0_ __ _ __ Email: kelsawi@sctbi.com

I swear that I am the owner of the property that is the subject matter of the attached application, as it is shown
in the records of Henry ~('I•o/~rgi'7 (J
Signature : t._11/i;/A{J 'f.A.- Date: 'l{ 2--2../ lL

Personally appeared before me,

Who swears the information contained in this
authorization is true and correct to the best of
his/her knowledge and belief.

Print
VICINITY MAP (NOT TO SCALE) SITE DATA
CURRENT PROPOSED CURRENT PROPOSED
BAYBERRY HILL TRACT STE AREA PARCEL ID# PROPERTY OWNER PROPOSED USE PROPOSED UNITS PROPOSED DENSITY
JURISDICTION JURISDICTION ZONING ZONING

ASSISTED LIVING, NURSING /
REHABILITATION, 7 DETACHED I.L. UNITS
SOUTHERN CRESCENT UNINCORPORATED CITY OF MU (MIXED
SU 1 20.0 AC. 071-01034012 PUD AGE-RESTRICTED, 93 ATTACHED I.L. UNITS 5 UNITS PER ACRE
MM
DRT VIE
REHAB HENRY COUNTY STOCKBRIDGE USE)
INDEPENDENT LIVING 100 TOTAL I.L. UNITS Moore Bass
SITE
W RESIDENTIAL (I.L.) Consulting, Inc.
AGE-RESTRICTED, 52 DETACHED I.L. UNITS · Civil Engineering
CITY OF CITY OF
WHITNEY LN
2 22.0 AC. 071-01034014 S3 CAPITAL INVESTMENTS, LLC O&I PUD INDEPENDENT LIVING 124 ATTACHED I.L. UNITS 8 UNITS PER ACRE · Land Surveying
STOCKBRIDGE STOCKBRIDGE
RESIDENTIAL 176 TOTAL I.L. UNITS · Development Consulting
GR
AN · Landscape Architecture
DR IFL
OR GA TOTAL 276 TOTAL I.L. UNITS 6.6 UNITS PER ACRE · Environmental Permitting
A Y
HW CA
MP
MAYGOLD ST
42 GR
OU www.moorebass.com
ND
R D TALLAHASSEE ATLANTA
25
WARBLER WAY
26 1350 Keys Ferry Court
McDonough, GA 30253
27
ATTACHED 770.914.9394
28 AGE-RESTRICTED HOMES
24
29 23 124 UNITS
22
30 21
20
31 19
18
32
17
124 16
33 15
W Y DETACHED
PK

S3 CAPITAL INVESTMENTS, LLC
123 14 AGE-RESTRICTED HOMES
34
13 O GY 52 UNITS
OL
122

SOUTHERN CRESCENT
12
35 97
H N

ERN RAI
EC
121 11
36 98 10 T
9 142

LROAD
37 120 99
TRACT 2 141
38 119 140
100 7 HE
NR

HW
6 CIT Y 139

INDEPENDENT LIVING
96 YO CO
39 118 FS UN

GIA
5 TY 138
101 95 TO
40 117 4 CK 137

OR
BR

K SOUTH
102 3 IDG
94 136

GE
E 143
116 2
41 103 DOG 135
1 144
115 93 PARK 134
42
145
104 133 42
114 146
43

NORFOL
132
92
44 105
113 147
91 CABANA 163
PICKLEBALL

PROJECT NAME
45 106 87 86 85 84 83 82 81 COURTS 162
90 88

CLIENT NAME
112 161 148
107 131
46 89
160 149 FU
111 130 R
108 TU
47 POOL 159
129 TRACT 2
110
155 EG
48 128 DO
109 168
127 TR
156 150 /W
49 167 157
80 126
73 74 75 76 77 78 79 169 151
72 125 158
50 70 71
68 69 166 152
67 176 170
51 65 66 153
64 165
62 63 171 154
52 60 61 175
58 59
57 164 SWMF
53 174 172

54 ATTACHED & DETACHED 173
AGE-RESTRICTED HOMES TRACT 1
55
100 UNITS
56 PROPOSED COMMUNITY CENTER
WITH POOL, FITNESS FACILITY, MEETING ROOMS, 100 YEAR FLOODPLAIN
100 YEAR FLOODPLAIN I DGE BUSINESS CENTER
KBR
TOC
OF S TY
CITY OUN
YC
SWMF H ENR
SWMF
10 POOL

11
9 8 7 6 1
12 5 4 3 2

13

78 79 80 81 82 83 85 86
84
14

15

16 87 88 89 90 91 92 93 94
77 76 95 96 97 98 99 100
75 74 70 NT

REVISIONS
73 72 71 69 ME
AVE
17 IN GP
IST
EX
EXISTING PAVEMENT
18
PROPOSED ACCESS ROAD (PRIVATE)
50
19
49
20 TRACT 1
48
21 60 61 62 63 64 65 66 67 68 A3501.0002-REZ
47
DATE 12-15-2021

EXISTING PAVEMENT EXISTING PAVEMENT
22 SOUTHERN CRESCENT
46 REHABILITATION
23 (NURSING / REHABILITATION
PROPOSED ASSISTED
LIVING FACILITY
CONTRACT #
BUILDING

Q:\A3501.0001\Engineering\Planning\A3501.0002-REZ.dwg, SITE-NORTH, smoore, Jun 01, 2022 - 8:13:17am
EXPANSION
59 58 57 56 55 45 DRAWN BY SDM
24 54 53 52 51
44 The Drawings, Specifications and other documents
prepared by Moore Bass Consulting, Inc. (MB) for
25 this Project are instruments of MB for use solely
43 with respect to this Project and, unless otherwise
provided, MB shall be deemed the author of these
documents and shall retain all common law,
statutory and other reserved rights, including the
26 PROPOSED ACCESS ROAD (PRIVATE) copyright.
42
27
41
1350 KEYS FERRY COURT
28 EXISTING PAVEMENT McDONOUGH, GA 30253
30 31 40 LSF #1179
32 33 34 35 36 37 38
29
39
SEAL

SHEET TITLE
GRAPHIC SCALE
100 0 50 100 200 400 CONCEPTUAL
SITE PLAN

( IN FEET )
2022.03.10
1 inch = 100 ft. SHEET

C Moore Bass Consulting 1
R[VISlONS

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TRACT 1
22.042 ACRES
071-010),,4014
Si'~!.':"00• too.II:'

CITY F'O STOCKBRIOGE
ZONED M-1 ?-'d 1.-

~ '"~~~ TRACT 2
19,995 ACRES
~~g..~ 071-01034012

HENRY COUNTY
ZONEO 01

llllS!"ll:l"tlnYl5~10M..Llll:K'l'Cl'•A1'
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PROJECT NO.:
131~

DRAWN BY: TUA

100· :zoo· JOO"
SCA!.£:1"s100'

DAl'E: 2-11-2015
LEGEND LINE CALL CHART
LINE BEARING DISTANCE
WOODEN POWER POLE - - - - f:J EX. WATER METER-------- EE L1 S 3 0"04' 30" E 3 84.49'
EX. OH POWER LINES- E E
EX. WATER VALVE-------- """
LIGHT POLE - - - - - - - - - - -Q N/F
SANITARY SEWER MANHOLE----69
EX. FENCE - X - X - X - X - X S3 CAPITAL INVESTMENTS LLC
P0B = POINT OF BEGINNING SEWER CLEAN-OUT---------O DB. 13781 PG. 293
IPS = IRON PIN SET (#4 REBAR) STORM HEADWALL--------- 0 PB. 23 PG. 251
DB. = DEED BOOK 071-01034014
EX. SINGLEWING CATCH BASIN ~
PB. = PLAT BOOK ZONED M-1
PG. = PAGE EX. DOUBLEWING CATCH BASIN ~ CITY OF STOCKBRIDGE
N/F = NOW OR FORMERLY JUNCTION BOX----------- 0
EX. = EXISTING E

RCP = REINFORCED CONCRETE PIPE EX. BUILDING------- ~
CMP = CORRUGATED METAL PIPE STOCKBRIDGE CITY LIMITS SS DOUBLE 8 ' X8'
CPP = CORRUGATED PLASTIC PIPE EX. ASPHALT------- - REBAR REBAR E
BOX CULVERT
HANDICAPP PARKING = ().
EX. CONCRETE------ I -·<'·I FOUND S 89"45'27" WFOUND
EX. FIRE HYDRANT - - - - - - - • ~ 11' 133.06' E
\'o . HENRY COUNTY LIMITS SS

RESERVED FOR CLERK OF THE SUPERIOR COURT E

SS

SS

25 ' STATE WATERS BUFF E
so' WATER QUALITY BUFFER,,
SS
75' IMPERVIOUS BUFFER,, ',,

THIS PROPERTY IS SUBJECT TO ALL RIGHT
SS
OF WAYS AND EASEMENTS SHOWN OR NOT
SHOWN, RECORDED OR UNRECORDED. E

THIS SURVEY WAS PREPARED WITHOUT SS
BENEFIT OF A TITLE REPORT WHICH COULD E
REVEAL ENCUMBRANCES NOT SHOWN. ::::::,, <.:

SS
UTILITIES SHOWN ARE LOCATION VISIBLE AT E
TIME OF SURVEY. ADDITIONAL UTILITIES MAY SS
SS
SS
SS E
EXIST ABOVE OR BELOW GROUND. THE SS SS
SURVEYOR ACCEPTS NO RESPONSIBILITY @ - SS SS
SS SS
SS

SS SS
SS SS
FOR THE COMPLETENESS OF THIS DATA.
SS
SS E
OJ SS SS SS
SS
~ I N
SS

fTl
A z
Ill ::0 SS

G") 0

N/F fTl C X

MAGNOLIAS AT EAGLES

SS
LANDING PHASE 3 Q
PB. 31 PG. 70 ::;/ r X

ZONED RM
CITY OF STOCKBRIDGE _ _ -i r 3::
f;i
f;i

N/ F
MAGNOLIAS AT EAGLES
LANDING PHASE 1
PB. 30 PG. 1 1
PIN# 071 G0 10570 00
ZONED RM
CITY OF STOCKBRIDGE

SURVEY ORDERED BY: KHALED EL-SAWI
FIELDWORK COMPLETED ON: 4-28-2021
A SEARCH WAS MADE FOR NGS MONUMENTS
AND NONE WERE FOUND WITHIN 500' OF SITE.
1-7 ® r
@ N/F
MAGNOLIAS AT EAGLES

I I LANDING PHASE 1
PB. 30 PG. 11
ZONED RM
CITY OF STOCKBRIDGE
SURVEYORS CERTIFICATION:
THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE
PRECISION OF ONE FOOT IN 47,985 FEET AND AN ANGULAR
This plat is a retracement of an existing parcel or parcels of land and does not ERROR OF 0.01" PER ANGLE POINT AND WAS ADJUSTED
subdivide or create a new parcel or make any changes to any real property boundaries.
USING THE COM PASS RULE.
The recording information of the documents, maps, plats, or other instruments which
THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND WAS FOUND
created the parcel or parcels are stated hereon. RECORDATION OF THIS PLAT DOES NOT
TO BE ACCURATE WITHIN ONE FOOT IN 100,000 FEET. GENERAL NOTES:
IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS, COMPLIANCE WITH
LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY FOR ANY USE OR PURPOSE OF EQUIPMENT USED: TOPCON GTS-313. AREA: 19.995 ACRES
THE LAND. Furthermore, the undersigned land surveyor certifies that this plat complies PARCEL: 0 7 1-0103 40 12
with the minimum technical standards for property surveys in Georgia as set forth in AS PER OFFICIAL FLOOD INSURANCE MAPS BY ZONED 01
the rules and regulations of the Georgia Board of Registration for Professional THE F.E.M.A., A PORTION OF THIS PROPERTY IS MINIMUM LOT AREA= 10,000 SQ.FT. (COUNTY WATER & SEWER)
Engineers and Land Surveyors and as set forth in O.C.G.A. Section 15-6-67. LOCATED IN A FLOOD HAZARD AREA ( ZONE A) MINIMUM LOT WIDTH=1 2 5'
AS PER COMMUNITY - PANEL NUMBER 13151C0156D FRONT SETBACK- - - - so· PROJECT #: B15 008
DATED: OCTOBER 6, 2016 REAR SETBACK - - - - 20 ' BOUNDARY SURVEY
SIDE SETBACK: - - - - 15'
19.995 ACRES
SEWER AS PER HCWA.
WATER AS PER HCWA
SURVEYOR'S CERTIFICATION: DRAWN BY: TLM
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND WAS 300'
PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE ON SCALE: 1 " = 1 oo·
THE GROUND BY ME OR UNDER MY SUPERVISION, AND THAT THE ! DATE: 04/ 29/ 202 1
MONUMENTS REFERENCED HEREON, EXIST AND THEIR SIZES, GRAPHIC SCALE = FEET
LOCATIONS AND MATERIALS ARE CORRECTLY SHOWN.
SHEET: 1 OF 1
RECEP/i::fJ 1:~ OFF /C:
BK: 13781 P6: 293-299
Filed and Recorded Oct-23-2014 os:s1:45AM
~;E:IH r' CCIJ HTY DOCt: D2014-023643
CLERK OF SUPE:rl !0R CDtJRT Real Estate Transfer Tox Poid $110 oo
0752014007392 '
201~ OCT 22 PM I: 30 BARBARA A, HARRISON
CLERK OF SUPERIOR COURT Henry County GA,

Return to:
LANE & KARLO, LLP
1827 Powers Ferry Road
Building Five
Atlanta, Georgia 30339

File No: LK144911
Auction #JOA30-7102

LIMITED WARRANTY DEED

STATE OF GEORGIA

COUNTY OF COBB

THIS INDENTURE, made and entered into this 16th day of October, in the year two
thousand fourteen, by and between

HARVEST POINT UNITED METHODIST CHURCH, INC.

of the County of Henry, and State of Georgia, as party or parties of the first part, hereinafter
called Grantor, and

S3 CAPITAL INVESTMENTS, LLC

as party or parties of the second part, hereinafter called Grantee (the words "Grantor'' and
"Grantee" to include their respective heirs, successors and assigns where the context requires
or permits.)

WITNESSETH that: Granter, for and in consideration of the sum of TEN AND NO/100
($10.00) DOLLARS in hand paid at and before the sealing and delivery of these presents, the
receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and
confirmed, and by these presents does grant, bargain, sell, convey and confirm unto the said
Grantee, the following described property, to-wit:

https://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=65283003&key1=13781&key2=293&county=75&countyname=HENRY&userid=251358&app… 1/4
BK: 13781 PG: 294

All those tracts or parcels of land lying and being in Land Lots 31, 32 and 33, 7th District, Henry
County, Georgia, and being more particularly described In Exhibit A, attached hereto and made a
part hereof.

This conveyance is made and authorized in accordance with and pursuant to The Book of
Discipline of the United Methodist Church (2012), as set forth and confirmed in and by that
certain Certification and Consent, attached hereto and made a part hereof.

TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights,
members and appurtenances thereof, to the same being, belonging, or in anywise appertaining,
to the only proper use, benefit and behoof of the said Grantee forever in FEE SIMPLE.

AND THE SAID Grantor will warrant and forever defend the right and title to the above
described property unto the said Grantee against the claims of all persons claiming by, through
or under Grantor herein .

IN WITNESS WHEREOF, the Granter has signed and sealed this deed as of the day and
year above written.

Signed, sealed and delivere_d in the HARVEST POINT UNITED METHODIST
presence of: CHURCH, INC.
~-1Ml,/.~r&'-P(.~~-~~L)
ames David McMemmen, Chairman
(President)

By~~~EAL)
Patrick Michael O'Neill, Vice-Chairman
1,1N1 1tt;1
(Vice-President)
My Commission Expires
October 2, 201 ll

https://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=65283003&key1=13781&key2=293&county=75&countyname=HENRY&userid=251358&app… 2/4
BK: 13781 PG: 295

EXHIBIT A

TRACT I: All that tract or parcel of land lying and being in Land Lots 31, 32 and 33 of the 7th
District of Henry County, Georgia, and being 14.I 69 acres designated as Tract I on a plat of survey
prepared for Davis Development, Inc., prepared by Carlton Rakestraw, Jr. of Carlton Rakestraw &
Associates, Ga. R.L.S. #2236, dated July 11, 2003, and last revised September 3, 2003, whicli. said
plat of survey is incorporated herein and by reference thereto being more particularly described as
follows:
TO FIND THE 'ffiUE POINT OF BEGINNING, commence at an iron pin set on the Southwestern
right-of•way line of S.R. 42/U.S. 23 (801 R/W), said iron p~ ~ ;~t.St ~ ~ y as
measured along said right~f-way line from its intersection with~ ~ rig1¢"6f~y lit,ie of,
Tunis Drive; thence leaving said rigbt~f-way line South 59' degn,¢$ S(i :minutes S4 sooonds West
447.09 feet to a ½" R.R. found; thence proceeding South 30 degrees 02 minutes 01 second East
100.14 feet to an iron pin set; thence proceeding South 59 degrees SS minutes 51 seconds West
1l'.3.17 feet to an iron pin set~ thence proceeding North 30. degrees 04 minutes 09 seconds West
138.00 feet to a½"' R.R. found; thence proceeding South 59 degrees 55 minutes Sl seconds West
320.47 feet to a½" R.R. found at the TRUE POINT OF BEGINNING; thence proceeding from said
true point of beginning South 23 degrees 24 minutes 14 seconds West 71.99 feet to a½" R.R.
found; thence proceeding South 71 degrees 56 minutes 43 seconds West 150.56 feet to a ½" R.R.
found; thence proceeding North 65 degrees 57 minutes 01 second West 115.18 feet to aw• R.R.
found; thence proceeding South 88 degn,es 21 minutes 41 seconds West 280.93 feet to a½" R.R.
found; thaice procemg South 78 dearec,s 36 minutes 17 seconds West 3U.03 feet to.a ½" R.R.
found; ·thence proceeding South 38 degrees·S8 minutes 41 aeconds Wm 549.45 feet to a ½" R.R.
found on the Bastem right-of-way line of Southern Railway (1 SO' R/W); thence proceeding along
the Eastern right-of-way line of Southern Railway North 09 degrees 06 minutes 42 seconds Bast
1.345.95 feet to an iron pin set; the.nee leaving the Eastern right-of.way line of Southern Railway
South S4 degrees 14 minutes 16 seconds East 932.52 feet to a ½" R.R. found; the.nee proceeding
South 47 degrees 05 minutes 54 seconds East 325.48 feet to a ½" R.R. found at the TRUE POINT
OF BEGINNING. ~

TRACT 11: All that tract or parcel of land lying and being in Land Lot 31 of the 7th District of
Henry County, Georgia, and being 7.841 acres designated as Tract Ilona plat of survey prepared
for Davis Development, Inc., prepared by Carlton Rakestraw, Jr. of Carlton Rakestraw &
Associates, Ga. R.L.S. #2236, dated July 11, 2003, and last revised September 3, 2003, which said
plat of survey is incorporated herein and by reference thereto being more particularly described as
follows:

https://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=65283003&key1=13781&key2=293&county=75&countyname=HENRY&userid=251358&app… 3/4
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STATEMENT OF INTENT

and

Other Material Required by
City of Stockbridge Zoning Ordinance

For

Annexation, Rezoning, and Future Land Use Map Amendment

of

S3 Capital Investments, LLC
c/o Battle Law, P.C.

for

19.995 +/- Acres located at PIN #071-01034012, 071-01034014
Highway 42 and Summit View Drive

Submitted for Applicant by:

Michèle L. Battle, Esq.
Battle Law, P.C.
Habersham at Northlake, Building J, Suite 100
Tucker, Georgia 30084
(404) 601-7616 Phone
(404) 745-0045 Facsimile
mlb@battlelawpc.com

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

S3 Capital Investments, LLC (the “Applicant”) is requesting annexation into the Incorporated
City of Stockbridge for the rezoning of 19.995 acres of land, which is further described as parcel
071-01034012. The subject property is currently developed under the unincorporated Henry County
Office and Institutional and Mixed-Use zoning districts. The applicant is requesting to be rezoned
from OI, LI and MU to PUD a companion Future Land Use Map Amendment request to change the
land use designation from Light Industrial, Low-Density Vertical Mixed Use, and Mixed-Use to High
Density Residential.

The subject property will be adjacent to the Southern Crescent Rehabilitation Center, which is zoned
Mixed Use. S3 Capital Investments’ proposal includes 52 detached housing units and 124 attached
units for an age-restricted independent living community. The applicant is requesting the petition of
zoning and other applicable zoning actions to obtain approval and acceptance of the annexation of
both parcels of land which will include a total of 276 total units, which 100 of the units will be
provided as part of the South Crescent tract that is designated for assisted living, nursing and
rehabilitation.
CURRENT PROPOSED CURRENT PROPOSED
STE AREA PARCEL ID# PROPERTY OWNER PROPOSED USE PROPOSED UNITS
JURISDICTION JURISDICTION ZONING ZONING

ASSISTED LIVING, NURSING /
REHABILITATION, 7 DETACHED I.L. UNITS
SOUTHERN CRESCENT UNINCORPORATED CITY OF MU (MIXED
20.0 AC. 071-01034012 PUD AGE-RESTRICTED, 93 ATTACHED I.L. UNITS
REHAB HENRY COUNTY STOCKBRIDGE USE)
INDEPENDENT LIVING 100 TOTAL IL UNITS
RESIDENTIAL (IL )

AGE-RESTRICTED, 52 DETACHED IL UNITS
CITY OF CITY OF
220 AC. 071-01034014 S3 CAPITAL INVESTMENTS, LLC O&I PUD INDEPENDENT LIVING 124 ATTACHED 1.L. UNITS
STOCKBRIDGE STOCKBRIDGE
RESIDENTIAL 176 TOTAL I.L. UNITS
TOTAL 276 TOTAL IL UNITS

The applicant currently has a list of conditions for the proposed development that is being revised
for the transition into the City of Stockbridge. This document is currently being drafted and will be
submitted as an attachment to this application.

This document is submitted as a Statement of Intent with regard to this Application, preservation
of the Applicant’s constitutional rights, and an application of the criteria provided in the Steinberg
3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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Battle Law
rnJ
Act to provide a rigorous analysis of the proposed rezoning and land use amendment. A surveyed
plat and conceptual site plan of the Subject Property has been filed contemporaneously with the
Application, along with other required materials.

II. REVIEW CRITERIA FOR JUSTIFICATION

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

The Subject Property is abutted by a residential neighborhood to the south. There
are commercial-zoned parcels adjacent east and north of the property. The
Southern Crescent site is currently developed and the adjacent tract, which is
referenced as tract 2 is currently undeveloped with heavy tree coverage throughout
the parcel. The proposed use appears to be suitable in view of the surrounding
properties as a residential addition to the Highway 42 corridor.

B. Whether the zoning proposal will adversely affect the existing use or usability of
adjacent or nearby property The land use amendment and zoning proposal will
not adversely affect the existing use or usability of adjacent or nearby property.

The proposed land use amendment and zoning proposal will allow the Applicant to
improve upon the area surrounding the Subject Property by bringing high-quality
architectural design, road access through the Subject Property, jobs, and senior
services that are in high demand according to the regional market.

C. Whether the property will be affected by the zoning proposal has a reasonable
economic use as currently zoned.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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The Subject Property does have a reasonable economic use as zoned. However, the
land-use amendment and zoning proposal will not change this fact. There is an
annexation request which will allow this development to be added to the City of
Stockbridge. We believe that this project would best benefit from the regulations
established within the City of Stockbridge Zoning Ordinance.

D. Whether the zoning proposal will result in a use that will or could cause excessive
or burdensome use of existing streets, transportation facilities, utilities or schools.

The land use amendment and zoning proposal will not result in a use which will or
could cause excessive or burdensome use of existing streets, transportation
facilities, utilities or schools.

E. Whether the zoning proposal is in conformity with the policy and intent of the
land-use plan. The land use amendment and zoning proposal is in conformity with
the policy and intent of the land-use plan.

The zoning proposal is appropriate for the simultaneous land use amendment
because the assigned land use designation is not compatible as industrial land use.
The proposed site will be residential with a low-density yield. The requested change
appears to be more conforming with the area given that there are existing
residential land uses adjacent to the subject property.

F. Whether there are other existing or changing conditions affecting the use and
development of the property which give supporting grounds for either approval or
disapproval of the zoning proposal.
The Applicant is aware of the conditions that were assigned by Henry County’s staff.
The applicant intends to carry some of the conditions with some alterations in the

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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language that will best suit the development regulations and policies of the City of
Stockbridge.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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III. NOTICE OF CONSTITUTIONAL ALLEGATIONS AND PRESERVATION OF APPLICANT’S
CONSTITUTIONAL RIGHTS

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

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

A denial of this Application would constitute an arbitrary irrational abuse of discretion and
unreasonable use of the zoning power because they bear no substantial relationship to the public
health, safety, morality or general welfare of the public and substantially harm the Applicant in
violation of the due process and equal protection rights guaranteed by the Fifth Amendment and

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph I
and Article I, Section III, Paragraph 1 of the Constitution of the State of Georgia.

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

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

A refusal to allow the land use amendment and/or rezoning in question would be invalid
inasmuch as it would be denied pursuant to an ordinance which is not in compliance with the
Zoning Procedures Law, O.C.G.A Section 36-66/1 et seq., due to the manner in which the Ordinance
as a whole and its map(s) have been adopted. The existing land use designation and/or zoning
classification on the Subject Property is unconstitutional as it applies to the Subject Property.

This notice is being given to comply with the provisions of O.C.G.A. Section 36-11-1 to
afford the City an opportunity to revise the Property to a constitutional classification. If action is not

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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taken by the City to rectify this unconstitutional land use designation and/or zoning classification
within a reasonable time, the Applicant is hereby placing the City on notice that it may elect to file a
claim in the Superior Court of Henry County demanding just and adequate compensation under
Georgia law for the taking of the Subject Property, diminution of value of the Subject Property,
attorney’s fees and other damages arising out of the unlawful deprivation of the Applicant’s
property rights.

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

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

A denial of this Application would constitute an arbitrary irrational abuse of discretion and
unreasonable use of the zoning power because they bear no substantial relationship to the public
health, safety, morality or general welfare of the public and substantially harm the Applicant in

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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violation of the due process and equal protection rights guaranteed by the Fifth Amendment and
Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph I
and Article I, Section III, Paragraph 1 of the Constitution of the State of Georgia.

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

IV. Conclusion

Thank you for your consideration for this project. The applicant is more than willing to provide
any additional documents and supporting details. For the foregoing reasons, the Applicant
respectfully requests that the simultaneous Annexation, Land Use Amendment, and Rezoning
application at issue be approved. The Applicant also invites and welcomes any comments from Staff
or other officials of the City of Stockbridge so that such recommendations or input might be
incorporated as conditions of approval of this Application.

This 1st day of June 2022.

Respectfully submitted,

Michele L. Battle, Esq. Attorney for the Applicant

c/o Tyler McSwain, Senior Urban Planner

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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I• ➔ i =:•-

I• ➔ i =:•-

City of Stockbridge
MEETING DATE
AGENDA ITEM
November 14, 2022 FUNDING SOURCE
RESOLUTION GENERAL FUND
ORDINANCE FUND BALANCE
CONTRACT APPROVAL/RENEWAL SPLOST IV
PUBLIC HEARING TSPLOST
PRESENTATION CDBG
BID SELECTION/AWARD GRANT FUNDING
TASK ORDER COUNCIL INITIATIVE
CHANGE ORDER PARTNER/SPONSOR
BUDGET AMENDMENT DEPARTMENT FUND BALANCE
BUDGET TRANSFER BONDING
PAYMENT APPROVAL ACCOUNT TRANSFER FROM: N/A
OTHER ACCOUNT TRANSFER TO: N/A

PRESENTER: Brecca Carter, Director and Ryan Anderson, Chief Planner.

DEPARTMENT: Community Development.

ITEM/PROJECT/EVENT:
Consider a Rezoning request (RZ-2022-02) by S3 Capital Investments, LLC, represented by Battle Law, P.C.,
to rezone two parcels to ’PUD’ to allow for an independent living/age-restricted residential development.
Tract 1 at 2125 Highway 42 North, with 20 +/- acres, needs to first be annexed into the City. It is currently
zoned ‘Mixed-Use’ by Henry County and it contains the Southern Crescent Rehabilitation and Retirement
Center, which would remain. Tract 2 at Highway 42 North and Technology Parkway is currently zoned ‘OI’
and ‘LI’. The Planning Commission recommended Approval With Conditions(5) at its 8/25/22 meeting.

BACKGROUND INFORMATION:

Companion Applications—1) AX-2022-01 to request the Annexation of Tract 1 into the City; and 2) CP-2022-
02 to request a Comprehensive Plan Amendment to change the land use designations of both parcels to
’High-Density Residential’. The rezoning would be contingent upon the official recombination of the two
parcels since they currently are not zoned the same. Proposed Development—Existing facility plus 276 new
independent living, age-restricted, attached and detached residential units on two parcels, with 42.01 +/-
acres. Staff & Planning Commission Recommendation—Approval with Conditions (8/25/22 P.C. Meeting).

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

Rezoning Application
City of Stockbridge, Georgia

THANK YOU FOR YOUR INTEREST IN THE CITY OF STOCKBRIDGE, GEORGIA. THIS
PACKET INCLUDES THE NECESSARY DOCUMENTS THAT ARE NEEDED FOR REZONING
APPLICATIONS TO BE HEARD BY THE CITY OF STOCKBRIDGE PLANNING COMMISSION.

PLEASE NOTE: ALL FEES ARE NON-REFUNDABLE. THERE ARE NO EXCEPTIONS.

ALL APPLICANTS ARE REQUIRED TO SCHEDULE AND ATTEND A PRE-APPLICATION
MEETING WITH THE CITY OF STOCKBRIDGE PLANNING AND ZONING DIVISION OF THE
COMMUNITY DEVELOPMENT DEPARTMENT. PLEASE CALL THE OFFICE AT (770) 389-7900
TO SCHEDULE AN APPOINTMENT.

No PRE-APPLICATION MEETING WILL BE CONDUCTED WITHOUT AN APPOINTMENT.

SHOULD YOU NEED FURTHER ASSISTANCE, PLEASE FEEL FREE TO CONTACT THE
PLANNING AND ZONING DIVISION OFFICE BETWEEN 8:00 AM AND 5 :00 PM,
MONDAY THROUGH FRIDAY,
AT (770) 389-7900.

MEETING LOCATIONS-ALL PLANNING COMMISSION MEETINGS WILL BE HELD
VIRTUALLY (BY ZOOM) UNTIL FURTHER NOTICE.

[Form revised on 1/ l 9 /22.]
City of Stockbridge Community Development Department--4602 North Henry Blvd .; Stockbridge, GA 30281 770-389-7900
City of Stockbridge Planning and Zoning Division
Community Development Department

REZONING APPLICATION CHECKLIST

PLEASE COMPLETE THIS FORM WHEN ACCEPTING ALL REZONING APPLICATIONS.
ATTACH THE CHECKLIST TO THE APPLICATION AND SIGN.

ALL DOCUMENTS ARE REQUIRED IN ORDER TO ACCEPT APPLICATION.

REQUIRED COPIES PROCEDURE CHECK/INTIAL
ITEMS
Pre-Application 1 Must be obtained from a current planner, prior to submitting
Review Form your application. (by appointment only) /
(Meeting Notes)
Application 1 1. Signed and notarized by owner. Original signature
Form 2. In lieu of owner's signature, applicant has signed and
notarized a copy of a "Contract", "Power of Attorney" or /
"Lease."
Applicant 1 Required for all property owners, applicants, and agents filed
Disclosure with an application, and must be notarized. /
Form
Letter of 01 Letter stating that the owner is aware of the rezoning request
Ownership and owns the property in question.
Letter oflntent 1 Must clearly state the proposed use and development intent. /
Site Plans I Must show minimum details: Buildings, setbacks, buffers,
(24 X 36) road frontage, correct scale, north arrow, present zoning /
and classification, topographic information to show elevation and
(llx17) 10 drainage, location and extent of required buffers, and the
proposed lot layout.
Survey Plat 1 Subject Property, prepared and sealed within the last five years
(8 ½ X 11) by a professional engineer, landscape architect, or land
Or surveyor who is registered in the State of Georgia. Said survey
(11 X 17) plat shall: 1) indicate the complete boundaries of the subject
property and all buildings and structures existing therein; 2)
Include a notation as to whether or not any portion of the
subject property is within the boundaries of the 100-year
floodplain; and 3) include a notation as to the total acreage or
square footage of the subject property.
Water and 1 This letter must accompany the application at the time of
sewer submittal. It should state that water and sewer are
availability available to serve the property, or such services can be
letter extended to the site. Please obtain the letter from the /
appropriate office which serves the property, such as
Henry County Water Authority, City of Stockbridge
Public Works Department, or a Clayton County office.
Form from the 1 This letter must accompany the application at the time of
Health submittal (Only needed ifproperty is not on sewer).
Department /

City of Stockbridge Community Development Department--4602 North Henry Blvd .; Stockbridge, GA 30281 770-389-7900
City of Stockbrid2e Plannin2 and Zonine Div'sion
Rezoning Application
Name of Applicam S3 Capital Investments, LLC Phone: 678-565-7710
November 10, 2021 Date:
Address Applicant: 2125 Highway 42 North Fax______Ccl /1 678-565-7710

City: McDonough State: Georgia Zip: 30253 E-mai l: kelsawi@sctbi.com
NameofAgenl BattleLaw, P .C. Phone: 404-601-761 6 Date: Novemberl0,2021
3562 Haber sham at Nor thla ke Building J, Suite 100
Address Agent: Fax.________Cell # 404-60 1-76 16

City: Tucker State: G eorgia Zip:_3_ 0_0____
84 E-mail; ml b@battlelawpc.com

THE APPLICANT NAMED ABOVE AFFIRMS THAT HE OR SHE IS THE OWNER, OR AGENT OF THE OWNER, OF THE PROPERTY
DESCRIBED BELOW, AND IS REQUESTING A REZONING O.F THE PROPERTY.
The property will be POSTF.D with a City of
Stockbridge rezoning sign. The sign must remain on the
Rezoning being requested_from OI, LI, and MU to PUD for p p
subject property for no less than fifteen day, prior to
an age-res tricted residential development either Planning Commission or City Council mccling(s).
The applicant or property owner shall not remove or
alter th.e sign for any reuon. MB Acknowledgement

Address of Property: 2125 Highway 42 North and H ighway 42 North Near Technology Parkway
Drive
p erty : Highway 4 2 N and Summit View
Nearest intersection to the pro(Street Address) 7
4_ Land L ot Number(s):_ 3_1_+_,_3_1_______ _, Distric t(s): _________ _
Size ofTract:_ ____ acre (s ),

Property Tax Pare ): 071�01034012, 071 01034014 (Required)

Wi!Jless'
- -- Signature >
- - - - - - - - - - - - - - - - · ,gnnn11cu1 l\ppu ani
;;;====;.�,µ...""""--'------<,-..J...5--C,,.,,,""--'=C"-'-'---------
S3 .:apital Investments, LLC
Printed Nome or Witness oO, OO><O�

!tl11no1wc nl l\gi!nt

Total Amount Paid. llfUNH' ash__ Check #___Received by:_____(FEES ARE NON-REFUNDABLE)

Application checked by:_ ______Date:. ______,MapNumber(s): ________________ _

Pre-application meeting:_____________________Date: ______________ _

Planning Commission Decision:

City Council Decision:----------- ------------ ---------------

Community DevelopmentDirector's Signature:_____________Date:_________ _____ _
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant• made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of S'toc kb~ Planning Commission or the Stockbridge City Council, who will consider the application?
Yes___ No

If Yes, the applicant and the attorney representing the applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed:

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, thi s 2{) day of {ety-4
53 Capital Investments, LLC
Applicant's Name - Printed
D \(\A c... c:~ \:z20.. ,.,,),
Signature of Applicant/Property Owner/ Agent

Applicant's Attorney, if applicable - Printed Signature of Applicant's Attorney, if applicable

Sworn to and subscribed before me this_ _,_2,_~l)~_____day of };b()Jlldld'

* Applicant means any individual or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or trust) applying for rezoning.
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant" made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of St oc kb~e Planning Commission or the Stockbridge City Council, who will consider the application?
Yes___No ~

If Y§, the applicant and the attorney representing the applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed :

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, this 2-tJ day of_ __CH::eb
_~N ~~...,.,_-~•~22
Southern Crescent Rehab & Retirement Co Inc c<;::::), ~ \ )=:.\69.W",
Applicant's Name - Printed Signature of Applicant/Property Owner/ Agent

Applicant's Attorney, if applicable - Printed Signature of Applicant's Attorney, if applicable

Sworn to and subscribed before me this_ ____,_a,._____,O~ _ _ _ _day of l='°tk,,,L~

* Applicant means any individual or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or trust) applying for rezoning.
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant• made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of Stockbridge _JU'cfnning Commission or the Stockbridge City Council, who will consider the application?
Yes___No -~--

If Yes , the applicant and the attorney representing t he applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed:

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, this ls...+ day of m1)\r\ ~ .w~L-
Michele Battle
Applicant's Name - Print Signature of Applicant/Property Owner/ Agent

Signature of Applicant' s Attorney, if applicable

Sworn to and subscribed before me this_\~~-;\-
_ _ _ _ _ day of ffi0.'1\

* Applicant means any individua l or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or t rust) applying for rezoning.
CITY OF STOCKBRIDGE I OWNER'S AUTHORIZATION
4640 North Henry Boulevard
Stockbridge, GA 30281
Phone: (770) 389-7900
Fax: (770) 389-7912

The undersigned below, or as attached, is the owner of the property that is the subject of this application. The
undersigned does duly authorize the applicant named below to act as applicant in the pursuit of a rezoning of
the property.

Name:
Southern Crescent Rehab & Retirement Co Inc

Property Address: 2125 Highway 42 North and Highway 42 North Near Technology Parkway McDonough, Georgia 30253

Telephone: ( 678 56_5_-_77_10_ ______
) __ Email: kelsawi@sctbi.com

I swear that I am the owner of the property that is the subject matter of the attached application, as it is shown
in the records of Henry �f"• o/1r

S1gnature: _____
fj_l/U ?�
__//{/�-�- --- Date: U 2-'l./ ZL

Personally appeared before me,

Who swears the information contained in this
authorization is true and correct to the best of
his/her knowledge and belief.

Print
TobeAnnexJAU
VICINITY MAP (NOT TO SCALE) SITE DATA
CURRENT PROPOSED CURRENT PROPOSED
BAYBERRY HILL TRACT STE AREA PARCEL ID# PROPERTY OWNER PROPOSED USE PROPOSED UNITS PROPOSED DENSITY
JURISDICTION JURISDICTION ZONING ZONING

ASSISTED LIVING, NURSING /
REHABILITATION, 7 DETACHED I.L. UNITS
SOUTHERN CRESCENT UNINCORPORATED CITY OF MU (MIXED
SU 1 20.0 AC. 071-01034012 PUD AGE-RESTRICTED, 93 ATTACHED I.L. UNITS 5 UNITS PER ACRE
MM
DRT VIE
REHAB HENRY COUNTY STOCKBRIDGE USE)
INDEPENDENT LIVING 100 TOTAL I.L. UNITS Moore Bass
SITE
W RESIDENTIAL (I.L.) Consulting, Inc.
AGE-RESTRICTED, 52 DETACHED I.L. UNITS · Civil Engineering
CITY OF CITY OF
WHITNEY LN
2 22.0 AC. 071-01034014 S3 CAPITAL INVESTMENTS, LLC O&I PUD INDEPENDENT LIVING 124 ATTACHED I.L. UNITS 8 UNITS PER ACRE · Land Surveying
STOCKBRIDGE STOCKBRIDGE
RESIDENTIAL 176 TOTAL I.L. UNITS · Development Consulting
ND
DR IFL · Landscape Architecture
OR
A Y TOTAL 276 TOTAL I.L. UNITS 6.6 UNITS PER ACRE · Environmental Permitting
HW
GR
GA CA
MP
MAYGOLD ST
42 G RO
UN
www.moorebass.com
DR
D TALLAHASSEE ATLANTA
25
WARBLER WAY
26 1350 Keys Ferry Court
McDonough, GA 30253
27
ATTACHED 770.914.9394
28 AGE-RESTRICTED HOMES
24
29 23 124 UNITS
22
30 21
20
31 19
18
32
17
124 16
33 15
K WY DETACHED

S3 CAPITAL INVESTMENTS, LLC
123 14 P AGE-RESTRICTED HOMES
34
13 O GY 52 UNITS
OL
122

SOUTHERN CRESCENT
12
35 97
HN

K SOUTH
121 11
36 98 10 TE
9 142
37 120 99 141

ERN RAI
TRACT 2 8
38 119 140
100 7
6 CIT
HE
NR
YC 139
GE

INDEPENDENT LIVING
96
GIA
YO OU

LROAD
39 118 5 FS 138
101 N TY
OR
95 TO
40 117 4 CK 137
BR
102 3 ID GE
94 136
116 2 143
42
41
115
103
93
DOG
PARK
134
135
144 HW
145
104 133 42
114 146
43

NORFOL
132
92
44 105
113 147
91 CABANA 163
PICKLEBALL

PROJECT NAME
45 106 87 86 85 84 83 82 81 COURTS 162
90 88

CLIENT NAME
112 161 148
107 131
46 89
160 149 R
111 130 TU
47
108
POOL 159 FU
129 TRACT 2
110
155 DO
48 128 EG
109 168
127 TR
156 150 /W
49 167 157
80 126
73 74 75 76 77 78 79 169 151
72 125 158
50 70 71
68 69 166 152
67 176 170
51 65 66 153
64 165
62 63 171 154
52 60 61 175
58 59
57 164 SWMF
53 174 172

54 ATTACHED & DETACHED 173
AGE-RESTRICTED HOMES TRACT 1
55
100 UNITS
56 PROPOSED COMMUNITY CENTER
WITH POOL, FITNESS FACILITY, MEETING ROOMS, 100 YEAR FLOODPLAIN
100 YEAR FLOODPLAIN
RI DGE BUSINESS CENTER
TO CKB
OF S NTY
CITY COU
SWMF H ENR
SWMF
10 POOL

11
9 8 7 6 1
12 5 4 3 2

13

78 79 80 81 82 83 85 86
84
14

15

16 87 88 89 90 91 92 93 94
77 76 95 96 97 98 99 100
75 74 70 NT

REVISIONS
73 72 71 69 ME
AVE
17 IN GP
IST
EX
EXISTING PAVEMENT
18
PROPOSED ACCESS ROAD (PRIVATE)
50
19
49
20 TRACT 1
48
21 60 61 62 63 64 65 66 67 68 A3501.0002-REZ
47
DATE 12-15-2021

EXISTING PAVEMENT EXISTING PAVEMENT
22 SOUTHERN CRESCENT
46 REHABILITATION
23 (NURSING / REHABILITATION
PROPOSED ASSISTED
LIVING FACILITY
CONTRACT #
BUILDING

Q:\A3501.0001\Engineering\Planning\A3501.0002-REZ.dwg, SITE-NORTH, smoore, Jun 01, 2022 - 8:13:17am
EXPANSION
59 58 57 56 55 45 DRAWN BY SDM
24 54 53 52 51
44 The Drawings, Specifications and other documents
prepared by Moore Bass Consulting, Inc. (MB) for
25 this Project are instruments of MB for use solely
43 with respect to this Project and, unless otherwise
provided, MB shall be deemed the author of these
documents and shall retain all common law,
statutory and other reserved rights, including the
26 PROPOSED ACCESS ROAD (PRIVATE) copyright.
42
27
41
1350 KEYS FERRY COURT
28 EXISTING PAVEMENT McDONOUGH, GA 30253
30 31 40 LSF #1179
32 33 34 35 36 37 38
29
39
SEAL

SHEET TITLE
GRAPHIC SCALE
100 0 50 100 200 400 CONCEPTUAL
SITE PLAN

( IN FEET )
2022.03.10

1 inch = 100 ft. SHEET

C Moore Bass Consulting 1
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TRACT 1
22.042 ACRES
071-010),,4014
Si'~!.':"00• too.II:'

CITY F'O STOCKBRIOGE
ZONED M-1 ?-'d 1.-

~ '"~~~ TRACT 2
19,995 ACRES
~~g..~ 071-01034012

HENRY COUNTY
ZONEO 01

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PROJECT NO.:
131~

DRAWN BY: TUA

100· :zoo· JOO"
SCA!.£:1"s100'

DAl'E: 2-11-2015
LEGEND LINE CALL CHART
LINE BEARING DISTANCE
WOODEN POWER POLE - - - - f:J EX. WATER METER-------- EE L1 S 3 0"04' 30" E 3 84.49'
EX. OH POWER LINES- E E
EX. WATER VALVE-------- """
LIGHT POLE - - - - - - - - - - -Q N/F
SANITARY SEWER MANHOLE----69
EX. FENCE - X - X - X - X - X S3 CAPITAL INVESTMENTS LLC
P0B = POINT OF BEGINNING SEWER CLEAN-OUT---------O DB. 13781 PG. 293
IPS = IRON PIN SET (#4 REBAR) STORM HEADWALL--------- 0 PB. 23 PG. 251
DB. = DEED BOOK 071-01034014
EX. SINGLEWING CATCH BASIN ~
PB. = PLAT BOOK ZONED M-1
PG. = PAGE EX. DOUBLEWING CATCH BASIN ~ CITY OF STOCKBRIDGE
N/F = NOW OR FORMERLY JUNCTION BOX----------- 0
EX. = EXISTING E

RCP = REINFORCED CONCRETE PIPE EX. BUILDING------- ~
CMP = CORRUGATED METAL PIPE STOCKBRIDGE CITY LIMITS SS DOUBLE 8 ' X8'
CPP = CORRUGATED PLASTIC PIPE EX. ASPHALT------- - REBAR REBAR E
BOX CULVERT
HANDICAPP PARKING = ().
EX. CONCRETE------ I -·<'·I FOUND S 89"45'27" WFOUND
EX. FIRE HYDRANT - - - - - - - • ~ 11' 133.06' E
\'o . HENRY COUNTY LIMITS SS

RESERVED FOR CLERK OF THE SUPERIOR COURT E

SS

SS

25 ' STATE WATERS BUFF E
so' WATER QUALITY BUFFER,,
SS
75' IMPERVIOUS BUFFER,, ',,

THIS PROPERTY IS SUBJECT TO ALL RIGHT
SS
OF WAYS AND EASEMENTS SHOWN OR NOT
SHOWN, RECORDED OR UNRECORDED. E

THIS SURVEY WAS PREPARED WITHOUT SS
BENEFIT OF A TITLE REPORT WHICH COULD E
REVEAL ENCUMBRANCES NOT SHOWN. ::::::,, <.:

SS
UTILITIES SHOWN ARE LOCATION VISIBLE AT E
TIME OF SURVEY. ADDITIONAL UTILITIES MAY SS
SS
SS
SS E
EXIST ABOVE OR BELOW GROUND. THE SS SS
SURVEYOR ACCEPTS NO RESPONSIBILITY @ - SS SS
SS SS
SS

SS SS
SS SS
FOR THE COMPLETENESS OF THIS DATA.
SS
SS E
OJ SS SS SS
SS
~ I N
SS

fTl
A z
Ill ::0 SS

G") 0

N/F fTl C X

MAGNOLIAS AT EAGLES

SS
LANDING PHASE 3 Q
PB. 31 PG. 70 ::;/ r X

ZONED RM
CITY OF STOCKBRIDGE _ _ -i r 3::
f;i
f;i

N/ F
MAGNOLIAS AT EAGLES
LANDING PHASE 1
PB. 30 PG. 1 1
PIN# 071 G0 10570 00
ZONED RM
CITY OF STOCKBRIDGE

SURVEY ORDERED BY: KHALED EL-SAWI
FIELDWORK COMPLETED ON: 4-28-2021
A SEARCH WAS MADE FOR NGS MONUMENTS
AND NONE WERE FOUND WITHIN 500' OF SITE.
1-7 ® r
@ N/F
MAGNOLIAS AT EAGLES

I I LANDING PHASE 1
PB. 30 PG. 11
ZONED RM
CITY OF STOCKBRIDGE
SURVEYORS CERTIFICATION:
THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE
PRECISION OF ONE FOOT IN 47,985 FEET AND AN ANGULAR
This plat is a retracement of an existing parcel or parcels of land and does not ERROR OF 0.01" PER ANGLE POINT AND WAS ADJUSTED
subdivide or create a new parcel or make any changes to any real property boundaries.
USING THE COM PASS RULE.
The recording information of the documents, maps, plats, or other instruments which
THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND WAS FOUND
created the parcel or parcels are stated hereon. RECORDATION OF THIS PLAT DOES NOT
TO BE ACCURATE WITHIN ONE FOOT IN 100,000 FEET. GENERAL NOTES:
IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS, COMPLIANCE WITH
LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY FOR ANY USE OR PURPOSE OF EQUIPMENT USED: TOPCON GTS-313. AREA: 19.995 ACRES
THE LAND. Furthermore, the undersigned land surveyor certifies that this plat complies PARCEL: 0 7 1-0103 40 12
with the minimum technical standards for property surveys in Georgia as set forth in AS PER OFFICIAL FLOOD INSURANCE MAPS BY ZONED 01
the rules and regulations of the Georgia Board of Registration for Professional THE F.E.M.A., A PORTION OF THIS PROPERTY IS MINIMUM LOT AREA= 10,000 SQ.FT. (COUNTY WATER & SEWER)
Engineers and Land Surveyors and as set forth in O.C.G.A. Section 15-6-67. LOCATED IN A FLOOD HAZARD AREA ( ZONE A) MINIMUM LOT WIDTH=1 2 5'
AS PER COMMUNITY - PANEL NUMBER 13151C0156D FRONT SETBACK- - - - so· PROJECT #: B15 008
DATED: OCTOBER 6, 2016 REAR SETBACK - - - - 20 ' BOUNDARY SURVEY
SIDE SETBACK: - - - - 15'
19.995 ACRES
SEWER AS PER HCWA.
WATER AS PER HCWA
SURVEYOR'S CERTIFICATION: DRAWN BY: TLM
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND WAS 300'
PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE ON SCALE: 1 " = 1 oo·
THE GROUND BY ME OR UNDER MY SUPERVISION, AND THAT THE ! DATE: 04/ 29/ 202 1
MONUMENTS REFERENCED HEREON, EXIST AND THEIR SIZES, GRAPHIC SCALE = FEET
LOCATIONS AND MATERIALS ARE CORRECTLY SHOWN.
SHEET: 1 OF 1
RECEP/i::fJ 1:~ OFF /C:
BK: 13781 P6: 293-299
Filed and Recorded Oct-23-2014 os:s1:45AM
~;E:IH r' CCIJ HTY DOCt: D2014-023643
CLERK OF SUPE:rl !0R CDtJRT Real Estate Transfer Tox Poid $110 oo
0752014007392 '
201~ OCT 22 PM I: 30 BARBARA A, HARRISON
CLERK OF SUPERIOR COURT Henry County GA,

Return to:
LANE & KARLO, LLP
1827 Powers Ferry Road
Building Five
Atlanta, Georgia 30339

File No: LK144911
Auction #JOA30-7102

LIMITED WARRANTY DEED

STATE OF GEORGIA

COUNTY OF COBB

THIS INDENTURE, made and entered into this 16th day of October, in the year two
thousand fourteen, by and between

HARVEST POINT UNITED METHODIST CHURCH, INC.

of the County of Henry, and State of Georgia, as party or parties of the first part, hereinafter
called Grantor, and

S3 CAPITAL INVESTMENTS, LLC

as party or parties of the second part, hereinafter called Grantee (the words "Grantor'' and
"Grantee" to include their respective heirs, successors and assigns where the context requires
or permits.)

WITNESSETH that: Granter, for and in consideration of the sum of TEN AND NO/100
($10.00) DOLLARS in hand paid at and before the sealing and delivery of these presents, the
receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and
confirmed, and by these presents does grant, bargain, sell, convey and confirm unto the said
Grantee, the following described property, to-wit:

https://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=65283003&key1=13781&key2=293&county=75&countyname=HENRY&userid=251358&app… 1/4
BK: 13781 PG: 294

All those tracts or parcels of land lying and being in Land Lots 31, 32 and 33, 7th District, Henry
County, Georgia, and being more particularly described In Exhibit A, attached hereto and made a
part hereof.

This conveyance is made and authorized in accordance with and pursuant to The Book of
Discipline of the United Methodist Church (2012), as set forth and confirmed in and by that
certain Certification and Consent, attached hereto and made a part hereof.

TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights,
members and appurtenances thereof, to the same being, belonging, or in anywise appertaining,
to the only proper use, benefit and behoof of the said Grantee forever in FEE SIMPLE.

AND THE SAID Grantor will warrant and forever defend the right and title to the above
described property unto the said Grantee against the claims of all persons claiming by, through
or under Grantor herein .

IN WITNESS WHEREOF, the Granter has signed and sealed this deed as of the day and
year above written.

Signed, sealed and delivere_d in the HARVEST POINT UNITED METHODIST
presence of: CHURCH, INC.
~-1Ml,/.~r&'-P(.~~-~~L)
ames David McMemmen, Chairman
(President)

By~~~EAL)
Patrick Michael O'Neill, Vice-Chairman
1,1N1 1tt;1
(Vice-President)
My Commission Expires
October 2, 201 ll

https://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=65283003&key1=13781&key2=293&county=75&countyname=HENRY&userid=251358&app… 2/4
BK: 13781 PG: 295

EXHIBIT A

TRACT I: All that tract or parcel of land lying and being in Land Lots 31, 32 and 33 of the 7th
District of Henry County, Georgia, and being 14.I 69 acres designated as Tract I on a plat of survey
prepared for Davis Development, Inc., prepared by Carlton Rakestraw, Jr. of Carlton Rakestraw &
Associates, Ga. R.L.S. #2236, dated July 11, 2003, and last revised September 3, 2003, whicli. said
plat of survey is incorporated herein and by reference thereto being more particularly described as
follows:
TO FIND THE 'ffiUE POINT OF BEGINNING, commence at an iron pin set on the Southwestern
right-of•way line of S.R. 42/U.S. 23 (801 R/W), said iron p~ ~ ;~t.St ~ ~ y as
measured along said right~f-way line from its intersection with~ ~ rig1¢"6f~y lit,ie of,
Tunis Drive; thence leaving said rigbt~f-way line South 59' degn,¢$ S(i :minutes S4 sooonds West
447.09 feet to a ½" R.R. found; thence proceeding South 30 degrees 02 minutes 01 second East
100.14 feet to an iron pin set; thence proceeding South 59 degrees SS minutes 51 seconds West
1l'.3.17 feet to an iron pin set~ thence proceeding North 30. degrees 04 minutes 09 seconds West
138.00 feet to a½"' R.R. found; thence proceeding South 59 degrees 55 minutes Sl seconds West
320.47 feet to a½" R.R. found at the TRUE POINT OF BEGINNING; thence proceeding from said
true point of beginning South 23 degrees 24 minutes 14 seconds West 71.99 feet to a½" R.R.
found; thence proceeding South 71 degrees 56 minutes 43 seconds West 150.56 feet to a ½" R.R.
found; thence proceeding North 65 degrees 57 minutes 01 second West 115.18 feet to aw• R.R.
found; thence proceeding South 88 degn,es 21 minutes 41 seconds West 280.93 feet to a½" R.R.
found; thaice procemg South 78 dearec,s 36 minutes 17 seconds West 3U.03 feet to.a ½" R.R.
found; ·thence proceeding South 38 degrees·S8 minutes 41 aeconds Wm 549.45 feet to a ½" R.R.
found on the Bastem right-of-way line of Southern Railway (1 SO' R/W); thence proceeding along
the Eastern right-of-way line of Southern Railway North 09 degrees 06 minutes 42 seconds Bast
1.345.95 feet to an iron pin set; the.nee leaving the Eastern right-of.way line of Southern Railway
South S4 degrees 14 minutes 16 seconds East 932.52 feet to a ½" R.R. found; the.nee proceeding
South 47 degrees 05 minutes 54 seconds East 325.48 feet to a ½" R.R. found at the TRUE POINT
OF BEGINNING. ~

TRACT 11: All that tract or parcel of land lying and being in Land Lot 31 of the 7th District of
Henry County, Georgia, and being 7.841 acres designated as Tract Ilona plat of survey prepared
for Davis Development, Inc., prepared by Carlton Rakestraw, Jr. of Carlton Rakestraw &
Associates, Ga. R.L.S. #2236, dated July 11, 2003, and last revised September 3, 2003, which said
plat of survey is incorporated herein and by reference thereto being more particularly described as
follows:

https://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=65283003&key1=13781&key2=293&county=75&countyname=HENRY&userid=251358&app… 3/4
STATEMENT OF INTENT

and

Other Material Required by
City of Stockbridge Zoning Ordinance

For

Annexation and Future Land Use Map Amendment

of

S3 Capital Investments, LLC
c/o Battle Law, P.C.

for

19.995 +/- Acres located at PIN#071-01034012, 071-01034014
Highway 42 and Summit View Drive

Submitted for Applicant by:

Michèle L. Battle, Esq.
Battle Law, P.C.
Habersham at Northlake, Building J, Suite 100
Tucker, Georgia 30084
(404) 601-7616 Phone
(404) 745-0045 Facsimile
mlb@battlelawpc.com

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

S3 Capital Investments, LLC (the “Applicant”) is requesting annexation into the Incorporated
City of Stockbridge for the rezoning of 19.995 acres of land, which is further described as parcels
071-01034012 and 071-01034014. The subject property is currently developed under the
unincorporated Henry County Office and Institutional and Mixed-Use zoning districts. The applicant
is requesting to be rezoned from OI and MU there will be a companion Future Land Use Map
Amendment request to change the land use designation from Light Industrial to Low-Density
Vertical Mixed-Use.

The subject property will be adjacent to the Southern Crescent Rehabilitation Center, which is
zoned Mixed Use. S3 Capital Investments’ proposal includes 52 detached housing units and 124
attached units for an age-restricted independent living community. The applicant is requesting the
petition of zoning and other applicable zoning actions to obtain approval and acceptance of the
annexation of both parcels of land which will include a total of 276 total units, which 100 of the
units will be provided as part of the South Crescent tract that is designated for assisted living,
nursing and rehabilitation.

The applicant currently has a list of conditions for the proposed development that is being revised
for the transition into the City of Stockbridge. This document is currently being drafted and will be
submitted as an attachment to this application.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
This document is submitted as a Statement of Intent with regard to this Application, preservation
of the Applicant’s constitutional rights, and an application of the criteria provided in the Steinberg
Act to provide a rigorous analysis of the proposed rezoning and land use amendment. A surveyed
plat and conceptual site plan of the Subject Property has been filed contemporaneously with the
Application, along with other required materials.

II. REVIEW CRITERIA FOR JUSTIFICATION

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

The Subject Property is abutted by a residential neighborhood to the south. There
are commercial-zoned parcels adjacent east and north of the property. The
Southern Crescent site is currently developed and the adjacent tract, which is
referenced as tract 2 is currently undeveloped with heavy tree coverage throughout
the parcel. The proposed use appears to be suitable in view of the surrounding
properties as a residential addition to the Highway 42 corridor.

B. Whether the zoning proposal will adversely affect the existing use or usability of
adjacent or nearby property The land use amendment and zoning proposal will
not adversely affect the existing use or usability of adjacent or nearby property.

The proposed land use amendment and zoning proposal will allow the Applicant to
improve upon the area surrounding the Subject Property by bringing high-quality
architectural design, road access through the Subject Property, jobs, and senior
services that are in high demand according to the regional market.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
C. Whether the property will be affected by the zoning proposal has a reasonable
economic use as currently zoned.

The Subject Property does have a reasonable economic use as zoned. However, the
land-use amendment and zoning proposal will not change this fact. There is an
annexation request which will allow this development to be added to the City of
Stockbridge. We believe that this project would best benefit from the regulations
established within the City of Stockbridge Zoning Ordinance.

D. Whether the zoning proposal will result in a use that will or could cause excessive
or burdensome use of existing streets, transportation facilities, utilities or schools.

The land use amendment and zoning proposal will not result in a use which will or
could cause excessive or burdensome use of existing streets, transportation
facilities, utilities or schools.

E. Whether the zoning proposal is in conformity with the policy and intent of the
land-use plan. The land use amendment and zoning proposal is in conformity with
the policy and intent of the land-use plan.

The zoning proposal is appropriate for the simultaneous land use amendment
because the assigned land use designation is not compatible as industrial land use.
The proposed site will be residential with a low-density yield. The requested change
appears to be more conforming with the area given that there are existing
residential land uses adjacent to the subject property.

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

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
The Applicant is aware of the conditions that were assigned by Henry County’s staff.
The applicant intends to carry some of the conditions with some alterations in the
language that will best suit the development regulations and policies of the City of
Stockbridge.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
III. NOTICE OF CONSTITUTIONAL ALLEGATIONS AND PRESERVATION OF APPLICANT’S
CONSTITUTIONAL RIGHTS

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

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

A denial of this Application would constitute an arbitrary irrational abuse of discretion and
unreasonable use of the zoning power because they bear no substantial relationship to the public
health, safety, morality or general welfare of the public and substantially harm the Applicant in

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
violation of the due process and equal protection rights guaranteed by the Fifth Amendment and
Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph I
and Article I, Section III, Paragraph 1 of the Constitution of the State of Georgia.

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

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

A refusal to allow the land use amendment and/or rezoning in question would be invalid
inasmuch as it would be denied pursuant to an ordinance which is not in compliance with the
Zoning Procedures Law, O.C.G.A Section 36-66/1 et seq., due to the manner in which the Ordinance
as a whole and its map(s) have been adopted. The existing land use designation and/or zoning
classification on the Subject Property is unconstitutional as it applies to the Subject Property.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
This notice is being given to comply with the provisions of O.C.G.A. Section 36-11-1 to
afford the City an opportunity to revise the Property to a constitutional classification. If action is not
taken by the City to rectify this unconstitutional land use designation and/or zoning classification
within a reasonable time, the Applicant is hereby placing the City on notice that it may elect to file a
claim in the Superior Court of Henry County demanding just and adequate compensation under
Georgia law for the taking of the Subject Property, diminution of value of the Subject Property,
attorney’s fees and other damages arising out of the unlawful deprivation of the Applicant’s
property rights.

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

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

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
A denial of this Application would constitute an arbitrary irrational abuse of discretion and
unreasonable use of the zoning power because they bear no substantial relationship to the public
health, safety, morality or general welfare of the public and substantially harm the Applicant in
violation of the due process and equal protection rights guaranteed by the Fifth Amendment and
Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph I
and Article I, Section III, Paragraph 1 of the Constitution of the State of Georgia.

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

IV. Conclusion

Thank you for your consideration for this project. The applicant is more than willing to provide
any additional documents and supporting details. For the foregoing reasons, the Applicant
respectfully requests that the simultaneous Annexation, Land Use Amendment, and Rezoning
application at issue be approved. The Applicant also invites and welcomes any comments from Staff
or other officials of the City of Stockbridge so that such recommendations or input might be
incorporated as conditions of approval of this Application.

This 1st day of June 2022.

Respectfully submitted,

Michele L. Battle, Esq. Attorney for the Applicant

c/o Tyler McSwain, Senior Urban Planner

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
I• ➔ i =:•-

I• ➔ i =:•-

TO: Mayor/Council
Planning Commission

FROM: Linda M. Logan, Senior Planner, Planning and Zoning Division

CC: Brecca Carter, Community Development Director
R. Ryan Anderson, Chief Planner

DATE: October 10, 2022

SUBJECT: Rezoning Case #RZ-2022-02 for Two Parcels:
1) Property at 2125 Highway 42 North within unincorporated Henry
County; and 2) Property at Highway 42 North and Technology Parkway
in the City of Stockbridge.

I. PURPOSE

Consider a Rezoning application (#RZ-2022-02) by S3 Capital Investments, LLC,
represented by Battle Law, P.C., to change the zoning classifications of two parcels,
from ‘MU’ (Mixed-Use) in unincorporated Henry County and both ‘OI’ (Office-
Institutional) and ‘LI’ (Light Industrial) in the Stockbridge City Limits to ‘PUD’ (Planned
Unit Development), to allow for an independent living / age-restricted residential
development. The two parcels would have 42.01 +/- total acres. Their locations and
requested zoning changes are described below.

• Parcel #071-01034012 – Represents Tract 1. Located at 2125 Highway
42 North in unincorporated Henry County, across from Summit View
Drive. Applicant proposes to rezone the property from the Henry
County zoning classification of ‘MU’ (Mixed-Use) to the City of
Stockbridge’s zoning classification of ‘PUD’ (Planned Unit
Development) if the parcel is annexed into the Stockbridge City Limits
via the applicant’s companion annexation application, AX-2022-01.
Contains 20.00 +/- acres. Located in Land Lot 31 of District 7.
• Parcel #071-01034014—Represents Tract 2. Located within the
Stockbridge City Limits, with frontage on Highway 42 North and
situated at the end of Technology Parkway. Applicant proposes to
change the property’s zoning classification from ‘OI’ (Office-
Institutional) and ‘LI’ (Light Industrial) to ‘PUD’ (Planned Unit
Development). Contains 22.01 +/- acres. Located in Land Lot 31 of
District 7.
City of Stockbridge, GA Community Dev. Dept. / RZ-2022-02 Staff Report / October 10, 2022

II. BACKGROUND

Proposed Development Independent living /age-restricted
residential development.
Site Address 2125 Highway 42 North, across from
Summit View Drive; and Highway 42
North at Technology Parkway.
Parcel Identification Subject property includes two parcels: 1)
Parcel #071-01034012 with 20.00 acres in
unincorporated Henry County; and 2)
Parcel # 071-01034014 with 22.01 in the
City of Stockbridge.
Parcel Acreage 42.01 +/- total acres within two parcels.
Applicant S3 Capital Investments, LLC.
Owner Southern Crescent Rehabilitation &
Retirement Community, Inc.
Current County Zoning ‘MU’ (Mixed-Use).
Current City Zoning ‘LI’ (Light Industrial) and ‘OI’ (Office-
Institutional)
Surrounding Zoning ‘OI’ (Office-Institutional); ‘MFR’ (Multiple
Family Residential); ‘C-2’ (General
Commercial)
County Land Use Designation ‘MIX’ (Mixed-Use).
City Land Use Designation ‘’Light Industrial’ and Low-Density Vertical
Mixed Use’
Current Use The Southern Crescent Rehabilitation &
Retirement Center is located on Parcel
#071-01034012 at 2125 Highway 42
North.
Surrounding Land Uses • North—Industrial warehouses; a church.
• South and West—Magnolias at Eagles
Landing Subdivision.
• East—Industrial warehouse; Highlands
at Eagles Landing Subdivision; Summit
at Eagles Landing Subdivision; a Thai
restaurant.

III. FINDINGS OF FACT

• If the requested companion annexation case (AX-2022-01) is approved, and the
applicant wishes to proceed with the proposed development, then the applicant
would need to combine both parcels for both the requested rezoning case (RZ-2022-

City of Stockbridge, GA Community Dev. Dept. / RZ-2022-02 Staff Report / October 10, 2022

02) and the requested Comprehensive Plan amendment case (CP-2022-02) to be
approved. To facilitate this, a Recombination Plat application would be required,
and it could be handled administratively.

• The applicant has also applied for the annexation of Parcel #071-01034012 (Tract
1) in unincorporated Henry County via AX-2022-01, and a Comprehensive Plan
amendment via CP-2022-02 for both parcels. If Tract 1 is approved for annexation
into the City, then its future land use designation would need to be changed from
Henry County’s land use designation of ‘MIX’ (Mixed-Use) to the City’s land use
designation of ‘High-Density Residential’. Tract 2 would need to have its future
land use designation changed from ‘Light Industrial’ and ‘Low-Density Vertical
Mixed-Use’ to ‘High-Density Residential’.
• A small stream borders the subject property to the north. It appears to be a tributary
of Wolfe Creek.

IV. PROJECT DESCRIPTION

The applicant requests a rezoning of the subject property to allow for an independent
living / age-restricted residential development proposal, which would include both parcels.
Tract 1 would include the existing Southern Crescent Rehabilitation & Retirement Center,
as well as the construction of 100 new independent living units, including 7 detached units
and 93 attached units, with a density of 5 units per acre. Tract 2, which is currently vacant,
would feature the construction of 176 independent living units, including 52 detached units
and 124 attached units, with a density of 8 units per acre. The total development, including
both parcels, would contain 276 independent living units, with a density of 6.6 units per
acre.

The applicant’s submitted Conceptual Site Plan shows that three accesses would be
provided into the proposed development. These include the existing driveway at 2125
Highway 42 North, which serves the existing Southern Crescent Rehabilitation &
Retirement Center; a new entrance off Highway 42 North, across from Glenmore Lane;
and the extension of Technology Parkway. A central street would connect the two tracts,
crossing over the existing stream.

Each tract would have its own set of amenities. The subject property (Tract 1) would
contain a clubhouse, a pool, and a cabana, while Tract 2 would contain pickleball courts,
a pool, and a cabana. Tract 1 would contain two small detention ponds and Tract 2 would
contain a larger detention pond. The submitted rendering suggests that the proposed
residential units would have pitched roofs, hardiplank veneers, and single-car garages.

City of Stockbridge, GA Community Dev. Dept. / RZ-2022-02 Staff Report / October 10, 2022

V. MAPS AND ILLUSTRATIONS TO FOLLOW:

A. Aerial Photograph

B. Boundary Survey

C. Henry County Zoning Map

D. City of Stockbridge Zoning Map

E. Henry County Land Use Designation Map

F. Conceptual Site Plan

G. Rendering

City of Stockbridge, GA Community Dev. Dept. / RZ-2022-02 Staff Report / October 10, 2022

A. AERIAL PHOTOGRAPH

Subject Property:
2125 Highway 42 North
Parcel #071-01034012
a.k.a. “Tract 1”

City of Stockbridge, GA Community Dev. Dept. / RZ-2022-02 Staff Report / October 10, 2022

B. BOUNDARY SURVEY

Subject Property:
2125 Highway 42 North
Parcel #071-01034012
a.k.a. “Tract 1”

The Boundary Survey shows the presence of the existing Southern Crescent
Rehabilitation & Retirement Center.

City of Stockbridge, GA Community Dev. Dept. / RZ-2022-02 Staff Report / October 10, 2022

C. HENRY COUNTY ZONING MAP

From the Henry County Tax Assessors’ Office

The subject property (a.k.a. “Tract 1”) is shown in the buff color on the map. It is zoned
‘MU’ (Mixed Use).

City of Stockbridge, GA Community Dev. Dept. / RZ-2022-02 Staff Report / October 10, 2022

D. CITY OF STOCKBRIDGE ZONING MAP

Legend:
Main Road – Highway 42 North
Lavender – LI (Light Industrial)
Light Blue – OI (Office-Institutional)
Gold – MFR (Multiple Family Residential)
Gold area to the west and south -- Magnolias at Eagles Landing Subdivision
Gold area to the east -- Highlands at Eagles Landing Subdivision &
Summit at Eagles Landing Subdivision
Light Pink – C-1 (Neighborhood Commercial)
Medium Pink – C-2 (General Commercial)
Yellow – SR (Suburban Residential)
White – Located outside of the City

City of Stockbridge, GA Community Dev. Dept. / RZ-2022-02 Staff Report / October 10, 2022

E. HENRY COUNTY LAND USE DESIGNATION MAP (Excerpts)

The subject property (a.k.a. “Tract 1”) is shown in the lavender color on the map below. It
has a future land use designation of ‘MIX’ (Mixed Use). The other colors on the map
show properties which are also located within unincorporated Henry County.

City of Stockbridge, GA Community Dev. Dept. / RZ-2022-02 Staff Report / October 10, 2022
10

F. CONCEPTUAL SITE PLAN

The Conceptual Site Plan shows three proposed accesses into the site, a central street
connecting the two tracts and crossing over a stream, amenities for each tract, and three
detention ponds.

City of Stockbridge, GA Community Dev. Dept. / RZ-2022-02 Staff Report / October 10, 2022
11

G. RENDERING

This rendering suggests the provision of pitched roofs, mostly hardiplank siding, and
single-car garages.

City of Stockbridge, GA Community Dev. Dept. / RZ-2022-02 Staff Report / October 10, 2022
12

V. ANALYSIS OF REQUEST

The applicant requests a Rezoning under Section 9.2.1(C) of the City of Stockbridge’s
Unified Development Code (UDC). The Planning Commission and the City Council shall
consider the following nine (9) standards in considering any proposal that would result in
a change to the text or map of the UDC, giving due weight or priority to those factors that
are appropriate to the circumstances of each proposal.

STANDARD #1--Consistency with the Comprehensive Plan.

The proposed development is not consistent with the Comprehensive Plan’s land use
designations for the subject property. A Comprehensive Plan amendment is necessary
because the current land use designations do not allow the type of development which
the applicant is proposing, or they do not allow the proposed residential densities. The
applicant therefore has applied for a Comprehensive Plan amendment via CP-2022-02
to change the future land use designations of the two parcels as follows:

• Tract 1--From Henry County’s land use designation of ‘Mixed-Use’ to the City
of Stockbridge’s land use designation of ‘High-Density Residential’, which
would be more appropriate for the applicant’s proposed type of development
and would indicate the approximate density of the project.
• Tract 2—From the City’s land use designations of ‘Light Industrial’ and ‘Low-
Density Vertical Mixed-Use’ to ‘High-Density Residential’. The existing ‘Light
Industrial’ land use designation does not allow residential uses, and the
existing ‘Low-Density Vertical Mixed-Use’ land use designation is intended
for buildings which contain commercial uses on the ground floor and
residential uses on the upper floors.

STANDARD #2 -- The relation that the proposed rezoning amendment bears to the
purpose of the overall zoning scheme with due consideration given to whether or
not the proposed change will help carry out the purposes of the City of Stockbridge
Unified Development Code (UDC).

The rezoning of the subject property to the requested ‘PUD’ (Planned Unit Development)
is necessary because the proposed development would include both attached and
detached residential units, as well as the existing Southern Crescent Rehabilitation and
Retirement Center. The property is justified for rezoning to PUD, as opposed to MFR
(Multiple Family Residential) due to 1) the inclusion of Southern Crescent; and 2) the
presence of the Wolfe Creek tributary and its associated floodplain areas, which
necessitates some flexibility in site design.

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

City of Stockbridge, GA Community Dev. Dept. / RZ-2022-02 Staff Report / October 10, 2022
13

Since the proposed development would be primarily composed of residential uses, the
requested PUD zoning would be compatible with the MFR zoning districts to the west,
south, and east, where the Magnolias at Eagles Landing, the Highlands at Eagles Landing,
and the Summit at Eagles Landing Subdivisions are located. PUD zoning would also serve
as a good transition from the LI and OI districts to the north. Further, PUD zoning would
be comparable to Henry County’s MU (Mixed Use) zoning for Tract 1.

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

The subject property has an unusual shape, and it is traversed by a tributary of Wolfe
Creek. These may present challenges for the final site design of the property. The
applicant’s Conceptual Site Plan shows that due to the presence of the creek, the
proposed residential units would be separated into northern and southern sections on the
site. A bridge would likely need to be constructed over the creek, and the units in the
southern section would be constructed away from the floodplain area.

STANDARD #5 --The impact upon adjacent property owners should the request be
granted.

The proposed development would be compatible with the adjacent residential uses to the
west, south, and east; and it would be a good transition from the warehouse uses and
church to the north.

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

A letter from the Henry County Water Authority, dated May 23, 2022, states that water
service, sewage treatment, and sewer line treatment are available at the subject property.
However, it further states as follows:

Please note that the proposed layout for the project conflicts with an existing
8-inch sewer line; consequently, the sewer will have to be relocated at the
developer’s expense. Additionally, an easement will be required to access
the sewer line from Hwy 42 North.

The letter further states that the availability of water and sewer service to the site will be
re-evaluated at the time when development plans are submitted. Based on this, the
developer will need to work closely with the Water Authority to ensure that adequate water
and sewer service will be available to serve the proposed development.

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

The Conceptual Site Plan shows that the proposed development would have three
City of Stockbridge, GA Community Dev. Dept. / RZ-2022-02 Staff Report / October 10, 2022
14

accesses. These include the existing driveway which serves the Southern Crescent
Rehabilitation & Retirement Center, the extension of Technology Parkway, and a new
access from Highway 42 across from Glenmore Drive. Since Highway 42 North is a State
highway, the developer should coordinate both Georgia DOT and Henry County DOT in
providing deceleration lanes at all three accesses, as well as the possible installation of a
new traffic signal. Pedestrian crosswalks should also be installed.

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

The proposed development qualifies for the requested PUD zoning because it meets the
requirement that PUD districts contain at least two types of residential uses.

The proposed development would further the objectives of the Parkway Mixed-Use
Overlay district by including a mixture of land uses, representing an attractive gateway into
the City (upon the successful annexation of Tract 1 into the City), and representing an
innovative type of development.

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

Tract 1 could be developed under its existing Henry County zoning classification of MU
(Mixed-Use) since that is similar to the City’s PUD district. Tract 2 could also be
developed with additional warehouses and office-institutional uses. However, due to the
irregular shape of Tract 2, the development of those types of uses may be challenging,
and PUD zoning offers greater flexibility in land uses and site design.

SUMMARY OF IMPACTS AND CONCERNS
Code Compliance The proposed development would comply with the
requested PUD district.
Police Department Police services would be provided by the Stockbridge Police
Department.
Fire Marshal The Fire Marshal has required and approved the location of
the new access that is shown on the Conceptual Site Plan.
Henry County Water The developer must meet the requirements that are stated in
and Sewer the Henry County Water Authority’s letter, dated May 23,
2022.
Building Any additional requirements would be identified during the
plan review stage. City engineers should look closely at the
site design of the creek and floodplain areas.
Traffic The developer should coordinate with Henry County DOT
regarding the installation of the new access, deceleration
lanes, and a possible new traffic signal.

City of Stockbridge, GA Community Dev. Dept. / RZ-2022-02 Staff Report / October 10, 2022
15

STAFF RECOMMENDATION

This Staff Report has demonstrated that the requested Rezoning of the subject property
to ‘PUD’ (Planned Unit Development) via RZ-2022-02 would be necessary and desirable
for the subject property to allow for the proposed independent living/age-restricted
residential development. The Planning and Zoning Staff therefore recommends the
APPROVAL WITH CONDITIONS of the requested Rezoning via RZ-2022-02. The
recommended conditions are as follows:

1. Annexation Approval – The rezoning shall not be approved until the requested
annexation of Tract 1 via AX-2022-01 is approved before, or simultaneously with, the
approval of RZ-2022-02.

2. Comprehensive Plan Amendment Approval – The rezoning shall not be approved
until the requested Comprehensive Plan Amendment, via CP-2022-02, to change the
land use designations of both parcels to ‘High-Density Residential’, is approved before,
or simultaneously with, the approval of RZ-2022-02.

3. Recombination Approval – No permits shall be issued for the proposed development
until the two parcels comprising the subject property are officially combined via an
administrative recombination plat application. This shall only occur after the applicant
has submitted proof to the Community Development Department that an acceptable
new plat has been recorded by the Henry County Superior Court / Real Estate Records
Division.

4. Adherence to Conceptual Site Plan – The developer shall adhere substantially to the
submitted Conceptual Site Plan. Any major deviations in the number of residential
units, the density, or the overall design shall require City Council approval.

5. Water and Sewer Availability – The developer shall comply with the requirements of
the Henry County Water Authority in relocating the existing 8-inch sewer line, providing
the required easement, and taking any other necessary steps to ensure that adequate
water and sewer services are available to serve the proposed development.

City of Stockbridge, GA Community Dev. Dept. / RZ-2022-02 Staff Report / October 10, 2022
Presentation
For RZ-2022-02:
Rezoning for the Proposed “Southern

Crescent” Mixed Residential

Development on Two Parcels: 1) 2125

Highway 42 North; and 2) Highway 42

North at Technology Parkway

Presented To:
Planning Commission – August 25, 2022
City Council – October 12, 2022

By:
City of Stockbridge Community
Development Department,
Planning and Zoning Division
AERIAL PHOTO #1 OF SUBJECT PROPERTY:
TRACT 1—Outside the City; to Be Annexed
Parcel #071-01034012 at 2125 Highway 42 North
With 20.00 +/- Acres
AERIAL PHOTO #2 OF SUBJECT PROPERTY:
TRACT 2 (Inside the City) at Highway 42 North and
Technology Parkway
Parcel #071-01034014 with 22.01+/- Acres
PURPOSE
Applicant’s Request -- Consider a Rezoning application (#RZ-2022-02) by S3 Capital Investments,
LLC, represented by Battle Law, P.C., to change the zoning classifications of two parcels, from
‘MU’ (Mixed-Use) in unincorporated Henry County and both ‘OI’ (Office-Institutional) and ‘LI’ (Light
Industrial) in the Stockbridge City Limits to ‘PUD’ (Planned Unit Development), to allow for an
independent living / age-restricted residential development. The two parcels would have 42.01 +/-
total acres. Their locations and requested zoning changes are described below.
~ Tract 1 -- Parcel #071-01034012. Represents Tract 1. Located at 2125 Highway 42 North
in unincorporated Henry County, across from Summit View Drive. Applicant proposes
to rezone the property from the Henry County zoning classification of ‘MU’
Mixed-Use) to the City of Stockbridge’s zoning classification of ‘PUD’ (Planned Unit
Development) if the parcel is annexed into the Stockbridge City Limits via the
applicant’s companion annexation application, AX-2022-01. Contains 20.00 +/- acres.
Located in Land Lot 31 of District 7.
~ Tract 2 -- Parcel #071-01034014. Represents Tract 2. Located within the Stockbridge
City Limits, with frontage on Highway 42 North and situated at the end of Technology
Parkway. Applicant proposes to change the property’s zoning classification from ‘OI’
(Office-Institutional) and ‘LI’ (Light Industrial) to ‘PUD’ (Planned Unit Development).
Contains 22.01 +/- acres. Located in Land Lot 31 of District 7.
BACKGROUND INFORMATION
CATEGORY FINDINGS
Proposed Development Independent living / age-restricted residential development.

Site Address 1225 Highway 42 North, across from Summit View Drive; and
Highway 42 North at Technology Parkway.
Parcel Identification Includes two parcels: 1) Parcel #071-01034012 with 20.00
acres in unincorporated Henry County; and 2) Parcel #071-
01034014 with 22.01 acres in the City of Stockbridge.
Parcel Acreage 42.01 +/- total acres within two parcels.

Applicant S3 Capital Investments, LLC.

Owner Southern Crescent Rehabilitation & Retirement Community,
Inc.
Current County Zoning ‘MU’ (Mixed-Use).

Current City Zoning ‘LI’ (Light Industrial) and ‘OI’ (Office-Institutional)

County Land Use Designation ‘MIX’ (Mixed-Use).

City Land Use Designation ‘Light Industrial’ and Low-Density Vertical Mixed Use’

Current Use The Southern Crescent Rehabilitation & Retirement Center is
located on Parcel #071-01034012 at 2125 Highway 42 North.
Surrounding Land Uses ~ North—Industrial warehouses; church.
~ South and West—Magnolias at Eagles Landing Subdivision.
~ East—Industrial warehouse; Highlands at Eagles Landing
Subdivision; Summit at Eagles Landing Subdivision; a Thai
restaurant.
ADDITIONAL FINDINGS OF FACT
1. Recombination of Parcels Needed -- If the proposed Annexation (AX-2022-01) approved,
and the applicant wishes to proceed with the proposed development, then the
applicant would need to combine both parcels for both the requested Comprehensive
Plan Amendment (CP-2022-02) and the requested rezoning (RZ-2022-02) to be
approved. To facilitate this, a Recombination Plat application would be required, and
it could be handled administratively.

2. Companion Applications --The applicant has also applied for the annexation of
Parcel #071-01034012 (Tract 1) in unincorporated Henry County via AX-2022-01, and a
Comprehensive Plan amendment via CP-2022-02 for both parcels. If Tract 1 is
approved for annexation into the City, then its future land use designation would
need to be changed from Henry County’s land use designation of ‘MIX’ (Mixed-Use)
to the City’s land use designation of ‘High-Density Residential’. Tract 2 would need
to have its future land use designation changed from ‘Light Industrial’ and
‘Low-Density Vertical Mixed-Use’ to ‘High-Density Residential’.

3. Presence of Stream -- A small stream borders the subject property to the north. It
appears to be a tributary of Wolfe Creek.
ENLARGED BOUNDARY SURVEY OF TRACT 1
Subject Property:
2125 Highway 42 North
Parcel #071-01034012
a.k.a. “Tract 1”
The Boundary Survey shows the presence of the existing Southern Crescent Rehabilitation & Retirement Center.
BOUNDARY SURVEY OF BOTH PARCELS
HENRY COUNTY ZONING MAP
The subject property (a.k.a. “Tract 1”) is shown in the
buff color on the map. It is zoned ‘MU’ (Mixed Use).
LEGEND:
Main Road – Highway 42 North
CITY OF STOCKBRIDGE ZONING MAP
Lavender – LI (Light Industrial)
Light Blue – OI (Office-Institutional)
Gold area to the west and south -- Magnolias at Eagles Landing Subdivision
Gold – MFR (Multiple Family Residential)
Gold area to the east -- Highlands at Eagles Landing Subdivision &
Light Pink – C-1 (Neighborhood Commercial)
Summit at Eagles Landing Subdivision
Medium Pink – C-2 (General Commercial)
Yellow – SR (Suburban Residential)
White – Located outside of the City
HENRY COUNTY LAND USE DESIGNATION MAP
From the Henry County Comprehensive Plan
The subject property (a.k.a. “Tract 1”) is shown in the lavender color on the map below. It has a
future land use designation of ‘MIX’ (Mixed Use). The other colors on the map show properties
which are also located within unincorporated Henry County.
CONCEPTUAL SITE PLAN
The Conceptual Site Plan shows three proposed accesses into the site, a central street connecting
the two tracts and crossing over a stream, amenities for each tract, and three detention ponds.
RENDERING
This rendering suggests the provision of pitched roofs,
mostly hardiplank siding, and single-car garages.
ANALYSIS OF REQUEST -- PAGE ONE
1. Consistency with the Comprehensive Plan. The proposed development is not consistent with the
Comprehensive Plan’s land use designations for the subject property. A Comprehensive Plan
amendment is necessary because the current land use designations do not allow the type of
development which the applicant is proposing, or they do not allow the proposed residential densities.
The applicant therefore has applied for a Comprehensive Plan amendment via CP-2022-02 to change
the future land use designations of the two parcels as follows:

~ Tract 1--From Henry County’s land use designation of ‘Mixed-Use’ to the City of
Stockbridge’s land use designation of ‘High-Density Residential’, which would be
more appropriate for the applicant’s proposed type of development and would
indicate the approximate density of the project.

~ Tract 2—From the City’s land use designations of ‘Light Industrial’ and ‘Low-Density
Vertical Mixed-Use’ to ‘High-Density Residential’. The existing ‘Light Industrial’ land
use designation does not allow residential uses, and the existing ‘Low-Density
Vertical Mixed-Use’ land use designation is intended for buildings which contain
commercial uses on the ground floor and residential uses on the upper floors.
ANALYSIS OF REQUEST -- PAGE TWO
2. Rationale for the Rezoning -- The rezoning of the subject property to the requested ‘PUD’
(Planned Unit Development) is necessary because the proposed development would include
both attached and detached residential units, as well as the existing Southern Crescent
Rehabilitation and Retirement Center. The property is justified for rezoning to PUD, as
opposed to MFR (Multiple Family Residential) due to: 1) the inclusion of Southern Crescent;
and 2) the presence of the Wolfe Creek tributary and its associated floodplain areas,
which necessitates some flexibility in site design.
3. Potential Positive Effects -- Since the proposed development would be primarily composed
of residential uses, the requested PUD zoning would be compatible with the MFR zoning
districts to the west, south, and east, where the Magnolias at Eagles Landing, the Highlands
at Eagles Landing, and the Summit at Eagles Landing Subdivisions are located. PUD zoning
would also serve as a good transition from the LI and OI districts to the north. Further, PUD
zoning would be comparable to Henry County’s MU (Mixed Use) zoning for Tract 1.
4. Site Suitability -- The subject property has an unusual shape, and it is traversed by a
tributary of Wolfe Creek. These may present challenges for the final site design of the
property. The applicant’s Conceptual Site Plan shows that due to the presence of the creek,
the proposed residential units would be separated into northern and southern sections on
the site. A bridge would likely need to be constructed over the creek, and the units in the
southern section would be constructed away from the floodplain area.
ANALYSIS OF REQUEST – PAGE THREE
5. Impact upon Adjacent Property Owners. The proposed development would be compatible
with the adjacent residential uses to the west, south, and east; and it would be a good
transition from the warehouse uses and church to the north.
6. Impact on the Water and Sewage System. A letter from the Henry County Water Authority,
dated May 23, 2022, states that water service, sewage treatment, and sewer line treatment
are available at the subject property, but that the proposed project layout conflicts with an
existing 8-inch sewer line. Thus, the sewer will have to be relocated at the developer’s
expense, and an easement will be required to access the sewer line from Highway 42 North.
The availability of water and sewer service to the site will be re-evaluated at the time when
development plans are submitted. Therefore, the developer will need to work closely with
the Water Authority to ensure that adequate water and sewer service will be available.
7. Traffic and Transportation Impacts. The Conceptual Site Plan shows that the proposed
development would have three accesses. These include the existing driveway which serves
serves the Southern Crescent Rehabilitation & Retirement Center, the extension of
Technology Parkway, and a new access from Highway 42 across from Glenmore Drive.
Since Highway 42 North is a State highway, the developer should coordinate both Georgia
DOT and Henry County DOT in providing deceleration lanes at all three accesses, as well as
the possible installation of a new traffic signal. Pedestrian crosswalks should also be
installed.
ANALYSIS OF REQUEST – PAGE FOUR
8. Zoning District Compatibility. The proposed development qualifies for the requested PUD
zoning because it meets the requirement that PUD districts contain at least two types of
residential uses. The proposed development would also further the objectives of the
Parkway Mixed-Use Overlay district by including a mixture of land uses, representing an
attractive gateway into the City (upon the successful annexation of Tract 1 into the City),
and representing an innovative type of development.

9. Site Developability Under Present Zoning. Tract 1 could be developed under its existing
Henry County zoning classification of MU (Mixed-Use) since that is similar to the City’s
PUD district. Tract 2 could also be developed with additional warehouses and office-
institutional uses. However, due to the irregular shape of Tract 2, the development of those
types of uses may be challenging, and PUD zoning offers greater flexibility in land uses
and site design.
10. Environmental Impacts – The developer would need to coordinate with City engineers and other
environmental officials regarding a bridge crossing over the existing stream, as well as the protection of
sensitive floodplain areas.
STAFF RECOMMENDATION – PAGE ONE
The requested Rezoning of the subject property to ‘PUD’ (Planned Unit Development) via RZ-2022-02
would be necessary and desirable for the subject property to allow for the proposed independent
living/age-restricted residential development. The Planning and Zoning Staff therefore recommends the
APPROVAL WITH CONDITIONS of the requested Rezoning via RZ-2022-02. The recommended conditions
are as follows:
1. Annexation Approval – The rezoning shall not be approved until the requested annexation of Tract 1
via AX-2022-01 is approved before, or simultaneously with, the approval of RZ-2022-02.
2. Comprehensive Plan Amendment Approval – The rezoning shall not be approved until the requested
Comprehensive Plan Amendment, via CP-2022-02, to change the land use designations of both parcels
to ‘High-Density Residential’, is approved before, or simultaneously with, the approval of RZ-2022-02.
3. Recombination Approval – No permits shall be issued for the proposed development until the two
parcels comprising the subject property are officially combined via an administrative recombination
plat application. This shall only occur after the applicant has submitted proof to the Community
Development Department that an acceptable new plat has been recorded by the Henry County
Superior Court / Real Estate Records Division.
STAFF RECOMMENDATION – PAGE TWO

4. Adherence to Conceptual Site Plan – The developer shall adhere substantially to the submitted
Conceptual Site Plan. Any major deviations in the number of residential units, the density, or the overall
design shall require City Council approval.

5. Water and Sewer Availability – The developer shall comply with the requirements of the Henry
County Water Authority in relocating the existing 8-inch sewer line, providing the required easement, and
taking any other necessary steps to ensure that adequate water and sewer services are available to serve
the proposed development.
2125 Highway 42 North,
Rezoning
Henry County, GA
LOCATION
Southern Crescent TBI Center

· About Southern Crescent TBI
· SCTBI is a cutting edge in-patient healthcare facility that is dedicated to providing medical and
rehabilitation services for individuals who have suffered a traumatic or acquired brain injury.
GOAL
· TO PROVIDE QUALITY SENIOR HOUSING
WITHIN THE CITY OF STOCKBRIDGE THAT
IS SECOND TO NONE AT AFFORDABLE
RATES
SITE PLAN
· Age Restricted
Community for 55
and Older

· 224 Townhome units

· 52 Single-Family
Detached units
POD I
POD II
POD III
SITE DATA
ELEVATION (PHASE 1)
AMENITY AREAS
PROPOSED AMENITIES
· 1. Two community center/clubhouses
• Library
• Small Theater
• Live Music
• Meeting Rooms and Business Center

2. Heated indoor and outdoor swimming pools

3. Walking Trail

4. Pickle Ball Courts

5. Dog Park

6. 100% Lawn Maintenance

7. Mandatory HOA with no rentals allowed expect by the Declarant under the Declaration of Restrictive Covenants

8. Access to medical services for a fee
Frequently Asked...
· Proposed building materials: Brick and Siding
· Unit sizes: 1600 sf
· Number of bedrooms: 2 & 3
· Garages available: Yes, 1 & 2 cars
· Amenities: Two pools, two community centers which will include libraries, a wellness
center, walking trail, and on-demand (paid) medical services
· Anticipated price: Low $300,000s
· When do you anticipate the first units being available for sale/rent?: 2023
· Who will these units be primarily marked to?: 55+ age restricted
Comp Plan Conditions

1. The residential portion of the project shall be single-family attached and detached units
arranged in a cluster style with a minimum of a six foot side yard setback to maintain
properly distanced residences without the firewall requirement. Front yards can be a
minimum of 20 feet to help reduce the need for extensive yard maintenance.
2. The community Development (Planning & Zoning) Department should have architectural
control to ensure that the constructed buildings conform to the surrounding residential
and commercial/industrial area. Of primary concern would be the compatibility of the
institutional building in relation to the cluster homes, and in turn with the entire
development and adjoining properties.
3. Lighting should be subdued, especially with respect to the bordering residential units. A
lighting plan should be submitted at the tie of development to ensure that little intrusion
occurs to the adjacent properties.
4. A sizeable undisturbed or landscaped buffer should exist at the entrance of the site as
well as all border of the property. The entrance to the property should be left as
undisturbed or with enhanced landscaping to separate the property from S.R. 42 and its
associated traffic noise.
5. All of the common grounds – including the parking area – should be heavily landscaped,
with Community Development (Planning & Zoning) retaining approval of landscaping,
especially in regards to our new proposed landscape ordinance currently underway.
6. Interior sidewalks, streetlights, and sodded lawns should be conditioned for the cluster
assisted living units. In addition, two trees shall be planted in the front of the cluster units
should these areas be completely graded for construction.
7. Access should be gated to provide for the security of the entire facility.
8. Any deviation from the submitted site plan is subject to further review by the Community
Development (Planning & Zoning) Department, this (Zoning Advisory) Board, and, if
needed, the Board of Commissioners.

Rezoning Conditions

1. The use of the subject property shall be limited to memory care, assisted living, and
independent living with associated amenities and provision of care, meeting use
requirements.
2. Entrances shall be located such that the minimum intersection sight distance and the
minimum spacing requirement are met per the road’s posted speed limit, and shall have a
deceleration lane and acceleration taper designed and constructed to HCDOT standards.
3. All disturbed areas shall be sodded, except where landscaping is present or installed.
4. The residential portion of the development shall consist of cluster single-family attached
and detached units, only. The total number of dwelling units shall be limited to 100.
Compliance with the zoning conditions and development standards may further limit the
number of dwelling units.
5. An on-site amenity package shall be provided and shall consist of at least the following:
a. One (1) Community Center which includes, at a minimum, the following:
i. Pool
ii. Fitness facility
iii. Meeting rooms
iv. Business Center
b. Two (2) outdoor recreation areas including walking trails and three (3) pavilions.
The pavilions shall be no less than 1,200 square feet.
6. The community center shall be completed prior to the issuance of the fiftieth (50th)
building permit of a single-family attached or detached dwelling unit.
7. The residential portion of the development shall comply with Section 4.03.30 of the
ULDC regarding single-family senior adult housing.
8. Provision of care and/or personal services, as defined by O.C.G.A. 31-7-12.2(b)(2), shall
be provided to any assisted living and independent living residents before the first single-
family attached or detached unit receives any certificate of occupancy.
9. Any approved development shall be limited to a maximum of 60 dwelling units until the
proposed access point to the north, as depicted on the site plan dated April 9, 2021, is
designed and constructed to HCDOT and City of Stockbridge standards, and connects to
an already existing public right-of-way. This access point shall be open for the use of the
residents within five (5) years from the date of approval of this rezoning resolution or
before the issuance of the Certificate of Occupancy (CO) of the 61st dwelling unit,
whichever occurs first. No additional permits shall be issued until the developer has
engineered and constructed the secondary access.
10. The subject property shall not, at any time, be developed as a traditional single-family
and/or multi-family residential development (even if it is age-marketed or age-targeted)
or any other type of residential community that does not require each single-family
attached or detached unit to house an individual which requires a level of care that is
provided by the assisted living facility.
11. No more than fifteen percent (15%) of the homes shall be rented out at any one time.
12. Only the management of the owners/operators of the existing rehabilitation center and/or
assisted living facility at the subject property, currently Southern Crescent Rehab &
Rehab Retirement Co., Inc. as per current public tax records, may rent dwelling units.
13. Community facilities, recreational areas, access gate(s), if any, public space(s), and open
space(s) shall be maintained by the existing, and all subsequent, owners/operators of the
existing rehabilitation center and/or assisted living facility at the subject property,
currently Southern Crescent Rehab & Retirement Co., Inc., As per current public tax
records.
14. A traffic impact study (TIS) shall be required before the approval of the first development
permit. At a minimum, the developer/owner’s engineer shall provide an Intersection
Control Evaluation Study to GDOT of the site’s existing access per GDOT’s
requirements. The developer/owner shall be responsible to provide all of the indicated
Improvements as required by the ULDC.
15. The dwelling units shall be limited to condominium units.
16. The dwelling units shall be limited to units with two (2) or three (30 bedrooms. Each
dwelling unit shall have a minimum of two (2) full bathrooms.
17. The dwelling units shall have a minimum of 1,600 square feet with a running minimum
average of 1,800 square feet.
18. The dwelling units shall be Craftsman style as approved by the planning & Zoning
Department and shall have a minimum 3’ high water table consisting of brick or similar.
19. Each permitted home in the development shall be compatible with existing homes, as
determined by the planning & Zoning Department. The Planning & Zoning Department
is authorized to require the heated square footage to be increased and/or the architectural
style to be modified in instances where incompatibility is determined.
20. Each dwelling unit shall have a garage. Garages shall be setback a minimum of 12” from
the front dripline of the home. Greater than 50% of the dwelling units shall have a two-
car garage. The balance shall have one and a half car garages. Garages shall have crown
molding complimentary to the exterior of the homes.
21. Four (4) of the dwelling units shall be reserved for those leaving the care of assisted
living, needing transitional living arrangements. No permits of any kind shall be
approved unless all four of these transitional living units are included.
22. All stormwater management facilities shall be environmentally friendly, landscaped,
enclosed with a minimum 4’ high fence, and be included in the common area to be
maintained by the HOA. No detention pond shall be located on private property.
23. An HOA shall be required and shall maintain the common areas and building exteriors.
Community facilities, recreational areas, access gate(s), if any, public space(s), and open
space(s) shall be maintained by the existing, and all subsequent, owners/operators of the
existing rehabilitation center and/or assisted living facility at the subject property,
currently Southern Crescent Rehab & Retirement Co., Inc., As per current public tax
records. the HOA.
24. Interior sidewalks shall be a minimum of 8’ wide. Exterior sidewalks along Highway 42
shall be a minimum of 10’ wide.
Rezoning Application
City of Stockbridge, Georgia

THANK YOU FOR YOUR INTEREST IN THE CITY OF STOCKBRIDGE, GEORGIA. THIS
PACKET INCLUDES THE NECESSARY DOCUMENTS THAT ARE NEEDED FOR REZONING
APPLICATIONS TO BE HEARD BY THE CITY OF STOCKBRIDGE PLANNING COMMISSION.

PLEASE NOTE: ALL FEES ARE NON-REFUNDABLE. THERE ARE NO EXCEPTIONS.

ALL APPLICANTS ARE REQUIRED TO SCHEDULE AND ATTEND A PRE-APPLICATION
MEETING WITH THE CITY OF STOCKBRIDGE PLANNING AND ZONING DIVISION OF THE
COMMUNITY DEVELOPMENT DEPARTMENT. PLEASE CALL THE OFFICE AT (770) 389-7900
TO SCHEDULE AN APPOINTMENT.

No PRE-APPLICATION MEETING WILL BE CONDUCTED WITHOUT AN APPOINTMENT.

SHOULD YOU NEED FURTHER ASSISTANCE, PLEASE FEEL FREE TO CONTACT THE
PLANNING AND ZONING DIVISION OFFICE BETWEEN 8:00 AM AND 5 :00 PM,
MONDAY THROUGH FRIDAY,
AT (770) 389-7900.

MEETING LOCATIONS-ALL PLANNING COMMISSION MEETINGS WILL BE HELD
VIRTUALLY (BY ZOOM) UNTIL FURTHER NOTICE.

[Form revised on 1/ l 9 /22.]
City of Stockbridge Community Development Department--4602 North Henry Blvd .; Stockbridge, GA 30281 770-389-7900
City of Stockbridge Planning and Zoning Division
Community Development Department

REZONING APPLICATION CHECKLIST

PLEASE COMPLETE THIS FORM WHEN ACCEPTING ALL REZONING APPLICATIONS.
ATTACH THE CHECKLIST TO THE APPLICATION AND SIGN.

ALL DOCUMENTS ARE REQUIRED IN ORDER TO ACCEPT APPLICATION.

REQUIRED COPIES PROCEDURE CHECK/INTIAL
ITEMS
Pre-Application 1 Must be obtained from a current planner, prior to submitting
Review Form your application. (by appointment only) /
(Meeting Notes)
Application 1 1. Signed and notarized by owner. Original signature
Form 2. In lieu of owner's signature, applicant has signed and
notarized a copy of a "Contract", "Power of Attorney" or /
"Lease."
Applicant 1 Required for all property owners, applicants, and agents filed
Disclosure with an application, and must be notarized. /
Form
Letter of 01 Letter stating that the owner is aware of the rezoning request
Ownership and owns the property in question.
Letter oflntent 1 Must clearly state the proposed use and development intent. /
Site Plans I Must show minimum details: Buildings, setbacks, buffers,
(24 X 36) road frontage, correct scale, north arrow, present zoning /
and classification, topographic information to show elevation and
(llx17) 10 drainage, location and extent of required buffers, and the
proposed lot layout.
Survey Plat 1 Subject Property, prepared and sealed within the last five years
(8 ½ X 11) by a professional engineer, landscape architect, or land
Or surveyor who is registered in the State of Georgia. Said survey
(11 X 17) plat shall: 1) indicate the complete boundaries of the subject
property and all buildings and structures existing therein; 2)
Include a notation as to whether or not any portion of the
subject property is within the boundaries of the 100-year
floodplain; and 3) include a notation as to the total acreage or
square footage of the subject property.
Water and 1 This letter must accompany the application at the time of
sewer submittal. It should state that water and sewer are
availability available to serve the property, or such services can be
letter extended to the site. Please obtain the letter from the /
appropriate office which serves the property, such as
Henry County Water Authority, City of Stockbridge
Public Works Department, or a Clayton County office.
Form from the 1 This letter must accompany the application at the time of
Health submittal (Only needed ifproperty is not on sewer).
Department /

City of Stockbridge Community Development Department--4602 North Henry Blvd .; Stockbridge, GA 30281 770-389-7900
City of Stockbrid2e Plannin2 and Zonine Div'sion
Rezoning Application
Name of Applicam S3 Capital Investments, LLC Phone: 678-565-7710
November 10, 2021 Date:
Address Applicant: 2125 Highway 42 North Fax______Ccl /1 678-565-7710

City: McDonough State: Georgia Zip: 30253 E-mai l: kelsawi@sctbi.com
NameofAgenl BattleLaw, P .C. Phone: 404-601-761 6 Date: Novemberl0,2021
3562 Haber sham at Nor thla ke Building J, Suite 100
Address Agent: Fax.________Cell # 404-60 1-76 16

City: Tucker State: G eorgia Zip:_3_ 0_0____
84 E-mail; ml b@battlelawpc.com

THE APPLICANT NAMED ABOVE AFFIRMS THAT HE OR SHE IS THE OWNER, OR AGENT OF THE OWNER, OF THE PROPERTY
DESCRIBED BELOW, AND IS REQUESTING A REZONING O.F THE PROPERTY.
The property will be POSTF.D with a City of
Stockbridge rezoning sign. The sign must remain on the
Rezoning being requested_from OI, LI, and MU to PUD for p p
subject property for no less than fifteen day, prior to
an age-res tricted residential development either Planning Commission or City Council mccling(s).
The applicant or property owner shall not remove or
alter th.e sign for any reuon. MB Acknowledgement

Address of Property: 2125 Highway 42 North and H ighway 42 North Near Technology Parkway
Drive
p erty : Highway 4 2 N and Summit View
Nearest intersection to the pro(Street Address) 7
4_ Land L ot Number(s):_ 3_1_+_,_3_1_______ _, Distric t(s): _________ _
Size ofTract:_ ____ acre (s ),

Property Tax Pare ): 071�01034012, 071 01034014 (Required)

Wi!Jless'
- -- Signature >
- - - - - - - - - - - - - - - - · ,gnnn11cu1 l\ppu ani
;;;====;.�,µ...""""--'------<,-..J...5--C,,.,,,""--'=C"-'-'---------
S3 .:apital Investments, LLC
Printed Nome or Witness oO, OO><O�

!tl11no1wc nl l\gi!nt

Total Amount Paid. llfUNH' ash__ Check #___Received by:_____(FEES ARE NON-REFUNDABLE)

Application checked by:_ ______Date:. ______,MapNumber(s): ________________ _

Pre-application meeting:_____________________Date: ______________ _

Planning Commission Decision:

City Council Decision:----------- ------------ ---------------

Community DevelopmentDirector's Signature:_____________Date:_________ _____ _
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant• made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of S'toc kb~ Planning Commission or the Stockbridge City Council, who will consider the application?
Yes___ No

If Yes, the applicant and the attorney representing the applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed:

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, thi s 2{) day of {ety-4
53 Capital Investments, LLC
Applicant's Name - Printed
D \(\A c... c:~ \:z20.. ,.,,),
Signature of Applicant/Property Owner/ Agent

Applicant's Attorney, if applicable - Printed Signature of Applicant's Attorney, if applicable

Sworn to and subscribed before me this_ _,_2,_~l)~_____day of };b()Jlldld'

* Applicant means any individual or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or trust) applying for rezoning.
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant" made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of St oc kb~e Planning Commission or the Stockbridge City Council, who will consider the application?
Yes___No ~

If Y§, the applicant and the attorney representing the applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed :

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, this 2-tJ day of_ __CH::eb
_~N ~~...,.,_-~•~22
Southern Crescent Rehab & Retirement Co Inc c<;::::), ~ \ )=:.\69.W",
Applicant's Name - Printed Signature of Applicant/Property Owner/ Agent

Applicant's Attorney, if applicable - Printed Signature of Applicant's Attorney, if applicable

Sworn to and subscribed before me this_ ____,_a,._____,O~ _ _ _ _day of l='°tk,,,L~

* Applicant means any individual or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or trust) applying for rezoning.
Applicant Campaign Disclosure Form
(Must be completed by the applicant, the property owner, and the agent. Use as many forms as needed.)

Has the applicant• made, within two (2) years immediately preceding the filing of this application for rezoning, campaign
contributions aggregating $250 or more or made gifts having in the aggregate a value of $250 or more to a member of
the City of Stockbridge _JU'cfnning Commission or the Stockbridge City Council, who will consider the application?
Yes___No -~--

If Yes , the applicant and the attorney representing t he applicant must file the following information with the
Henry County Board of Commissioners within ten (10) days after this application is first filed:

Name of Planning Description of Gift $250 or greater given
Commissioner or City Dollar amount of to Planning Commissioner or City
Council Member Campaign Contribution Council Member

We certify that the foregoing information is true and correct, this ls...+ day of m1)\r\ ~ .w~L-
Michele Battle
Applicant's Name - Print Signature of Applicant/Property Owner/ Agent

Signature of Applicant' s Attorney, if applicable

Sworn to and subscribed before me this_\~~-;\-
_ _ _ _ _ day of ffi0.'1\

* Applicant means any individua l or business entity (corporation, partnership, limited partnership, firm enterprise,
franchise, association, or t rust) applying for rezoning.
CITY OF STOCKBRIDGE I OWNER'S AUTHORIZATION
4640 North Henry Boulevard
Stockbridge, GA 30281
Phone: (770) 389-7900
Fax: (770) 389-7912

The undersigned below, or as attached, is the owner of the property that is the subject of this application. The
undersigned does duly authorize the applicant named below to act as applicant in the pursuit of a rezoning of
the property.

Name:
Southern Crescent Rehab & Retirement Co Inc

Property Address: 2125 Highway 42 North and Highway 42 North Near Technology Parkway McDonough, Georgia 30253

Telephone: ( 678 56_5_-_77_10_ ______
) __ Email: kelsawi@sctbi.com

I swear that I am the owner of the property that is the subject matter of the attached application, as it is shown
in the records of Henry �f"• o/1r

S1gnature: _____
fj_l/U ?�
__//{/�-�- --- Date: U 2-'l./ ZL

Personally appeared before me,

Who swears the information contained in this
authorization is true and correct to the best of
his/her knowledge and belief.

Print
TobeAnnexJAU
VICINITY MAP (NOT TO SCALE) SITE DATA
CURRENT PROPOSED CURRENT PROPOSED
BAYBERRY HILL TRACT STE AREA PARCEL ID# PROPERTY OWNER PROPOSED USE PROPOSED UNITS PROPOSED DENSITY
JURISDICTION JURISDICTION ZONING ZONING

ASSISTED LIVING, NURSING /
REHABILITATION, 7 DETACHED I.L. UNITS
SOUTHERN CRESCENT UNINCORPORATED CITY OF MU (MIXED
SU 1 20.0 AC. 071-01034012 PUD AGE-RESTRICTED, 93 ATTACHED I.L. UNITS 5 UNITS PER ACRE
MM
DRT VIE
REHAB HENRY COUNTY STOCKBRIDGE USE)
INDEPENDENT LIVING 100 TOTAL I.L. UNITS Moore Bass
SITE
W RESIDENTIAL (I.L.) Consulting, Inc.
AGE-RESTRICTED, 52 DETACHED I.L. UNITS · Civil Engineering
CITY OF CITY OF
WHITNEY LN
2 22.0 AC. 071-01034014 S3 CAPITAL INVESTMENTS, LLC O&I PUD INDEPENDENT LIVING 124 ATTACHED I.L. UNITS 8 UNITS PER ACRE · Land Surveying
STOCKBRIDGE STOCKBRIDGE
RESIDENTIAL 176 TOTAL I.L. UNITS · Development Consulting
ND
DR IFL · Landscape Architecture
OR
A Y TOTAL 276 TOTAL I.L. UNITS 6.6 UNITS PER ACRE · Environmental Permitting
HW
GR
GA CA
MP
MAYGOLD ST
42 G RO
UN
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DR
D TALLAHASSEE ATLANTA
25
WARBLER WAY
26 1350 Keys Ferry Court
McDonough, GA 30253
27
ATTACHED 770.914.9394
28 AGE-RESTRICTED HOMES
24
29 23 124 UNITS
22
30 21
20
31 19
18
32
17
124 16
33 15
K WY DETACHED

S3 CAPITAL INVESTMENTS, LLC
123 14 P AGE-RESTRICTED HOMES
34
13 O GY 52 UNITS
OL
122

SOUTHERN CRESCENT
12
35 97
HN

K SOUTH
121 11
36 98 10 TE
9 142
37 120 99 141

ERN RAI
TRACT 2 8
38 119 140
100 7
6 CIT
HE
NR
YC 139
GE

INDEPENDENT LIVING
96
GIA
YO OU

LROAD
39 118 5 FS 138
101 N TY
OR
95 TO
40 117 4 CK 137
BR
102 3 ID GE
94 136
116 2 143
42
41
115
103
93
DOG
PARK
134
135
144 HW
145
104 133 42
114 146
43

NORFOL
132
92
44 105
113 147
91 CABANA 163
PICKLEBALL

PROJECT NAME
45 106 87 86 85 84 83 82 81 COURTS 162
90 88

CLIENT NAME
112 161 148
107 131
46 89
160 149 R
111 130 TU
47
108
POOL 159 FU
129 TRACT 2
110
155 DO
48 128 EG
109 168
127 TR
156 150 /W
49 167 157
80 126
73 74 75 76 77 78 79 169 151
72 125 158
50 70 71
68 69 166 152
67 176 170
51 65 66 153
64 165
62 63 171 154
52 60 61 175
58 59
57 164 SWMF
53 174 172

54 ATTACHED & DETACHED 173
AGE-RESTRICTED HOMES TRACT 1
55
100 UNITS
56 PROPOSED COMMUNITY CENTER
WITH POOL, FITNESS FACILITY, MEETING ROOMS, 100 YEAR FLOODPLAIN
100 YEAR FLOODPLAIN
RI DGE BUSINESS CENTER
TO CKB
OF S NTY
CITY COU
SWMF H ENR
SWMF
10 POOL

11
9 8 7 6 1
12 5 4 3 2

13

78 79 80 81 82 83 85 86
84
14

15

16 87 88 89 90 91 92 93 94
77 76 95 96 97 98 99 100
75 74 70 NT

REVISIONS
73 72 71 69 ME
AVE
17 IN GP
IST
EX
EXISTING PAVEMENT
18
PROPOSED ACCESS ROAD (PRIVATE)
50
19
49
20 TRACT 1
48
21 60 61 62 63 64 65 66 67 68 A3501.0002-REZ
47
DATE 12-15-2021

EXISTING PAVEMENT EXISTING PAVEMENT
22 SOUTHERN CRESCENT
46 REHABILITATION
23 (NURSING / REHABILITATION
PROPOSED ASSISTED
LIVING FACILITY
CONTRACT #
BUILDING

Q:\A3501.0001\Engineering\Planning\A3501.0002-REZ.dwg, SITE-NORTH, smoore, Jun 01, 2022 - 8:13:17am
EXPANSION
59 58 57 56 55 45 DRAWN BY SDM
24 54 53 52 51
44 The Drawings, Specifications and other documents
prepared by Moore Bass Consulting, Inc. (MB) for
25 this Project are instruments of MB for use solely
43 with respect to this Project and, unless otherwise
provided, MB shall be deemed the author of these
documents and shall retain all common law,
statutory and other reserved rights, including the
26 PROPOSED ACCESS ROAD (PRIVATE) copyright.
42
27
41
1350 KEYS FERRY COURT
28 EXISTING PAVEMENT McDONOUGH, GA 30253
30 31 40 LSF #1179
32 33 34 35 36 37 38
29
39
SEAL

SHEET TITLE
GRAPHIC SCALE
100 0 50 100 200 400 CONCEPTUAL
SITE PLAN

( IN FEET )
2022.03.10

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LEGEND LINE CALL CHART
LINE BEARING DISTANCE
WOODEN POWER POLE - - - - f:J EX. WATER METER-------- EE L1 S 3 0"04' 30" E 3 84.49'
EX. OH POWER LINES- E E
EX. WATER VALVE-------- """
LIGHT POLE - - - - - - - - - - -Q N/F
SANITARY SEWER MANHOLE----69
EX. FENCE - X - X - X - X - X S3 CAPITAL INVESTMENTS LLC
P0B = POINT OF BEGINNING SEWER CLEAN-OUT---------O DB. 13781 PG. 293
IPS = IRON PIN SET (#4 REBAR) STORM HEADWALL--------- 0 PB. 23 PG. 251
DB. = DEED BOOK 071-01034014
EX. SINGLEWING CATCH BASIN ~
PB. = PLAT BOOK ZONED M-1
PG. = PAGE EX. DOUBLEWING CATCH BASIN ~ CITY OF STOCKBRIDGE
N/F = NOW OR FORMERLY JUNCTION BOX----------- 0
EX. = EXISTING E

RCP = REINFORCED CONCRETE PIPE EX. BUILDING------- ~
CMP = CORRUGATED METAL PIPE STOCKBRIDGE CITY LIMITS SS DOUBLE 8 ' X8'
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BOX CULVERT
HANDICAPP PARKING = ().
EX. CONCRETE------ I -·<'·I FOUND S 89"45'27" WFOUND
EX. FIRE HYDRANT - - - - - - - • ~ 11' 133.06' E
\'o . HENRY COUNTY LIMITS SS

RESERVED FOR CLERK OF THE SUPERIOR COURT E

SS

SS

25 ' STATE WATERS BUFF E
so' WATER QUALITY BUFFER,,
SS
75' IMPERVIOUS BUFFER,, ',,

THIS PROPERTY IS SUBJECT TO ALL RIGHT
SS
OF WAYS AND EASEMENTS SHOWN OR NOT
SHOWN, RECORDED OR UNRECORDED. E

THIS SURVEY WAS PREPARED WITHOUT SS
BENEFIT OF A TITLE REPORT WHICH COULD E
REVEAL ENCUMBRANCES NOT SHOWN. ::::::,, <.:

SS
UTILITIES SHOWN ARE LOCATION VISIBLE AT E
TIME OF SURVEY. ADDITIONAL UTILITIES MAY SS
SS
SS
SS E
EXIST ABOVE OR BELOW GROUND. THE SS SS
SURVEYOR ACCEPTS NO RESPONSIBILITY @ - SS SS
SS SS
SS

SS SS
SS SS
FOR THE COMPLETENESS OF THIS DATA.
SS
SS E
OJ SS SS SS
SS
~ I N
SS

fTl
A z
Ill ::0 SS

G") 0

N/F fTl C X

MAGNOLIAS AT EAGLES

SS
LANDING PHASE 3 Q
PB. 31 PG. 70 ::;/ r X

ZONED RM
CITY OF STOCKBRIDGE _ _ -i r 3::
f;i
f;i

N/ F
MAGNOLIAS AT EAGLES
LANDING PHASE 1
PB. 30 PG. 1 1
PIN# 071 G0 10570 00
ZONED RM
CITY OF STOCKBRIDGE

SURVEY ORDERED BY: KHALED EL-SAWI
FIELDWORK COMPLETED ON: 4-28-2021
A SEARCH WAS MADE FOR NGS MONUMENTS
AND NONE WERE FOUND WITHIN 500' OF SITE.
1-7 ® r
@ N/F
MAGNOLIAS AT EAGLES

I I LANDING PHASE 1
PB. 30 PG. 11
ZONED RM
CITY OF STOCKBRIDGE
SURVEYORS CERTIFICATION:
THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE
PRECISION OF ONE FOOT IN 47,985 FEET AND AN ANGULAR
This plat is a retracement of an existing parcel or parcels of land and does not ERROR OF 0.01" PER ANGLE POINT AND WAS ADJUSTED
subdivide or create a new parcel or make any changes to any real property boundaries.
USING THE COM PASS RULE.
The recording information of the documents, maps, plats, or other instruments which
THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND WAS FOUND
created the parcel or parcels are stated hereon. RECORDATION OF THIS PLAT DOES NOT
TO BE ACCURATE WITHIN ONE FOOT IN 100,000 FEET. GENERAL NOTES:
IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS, COMPLIANCE WITH
LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY FOR ANY USE OR PURPOSE OF EQUIPMENT USED: TOPCON GTS-313. AREA: 19.995 ACRES
THE LAND. Furthermore, the undersigned land surveyor certifies that this plat complies PARCEL: 0 7 1-0103 40 12
with the minimum technical standards for property surveys in Georgia as set forth in AS PER OFFICIAL FLOOD INSURANCE MAPS BY ZONED 01
the rules and regulations of the Georgia Board of Registration for Professional THE F.E.M.A., A PORTION OF THIS PROPERTY IS MINIMUM LOT AREA= 10,000 SQ.FT. (COUNTY WATER & SEWER)
Engineers and Land Surveyors and as set forth in O.C.G.A. Section 15-6-67. LOCATED IN A FLOOD HAZARD AREA ( ZONE A) MINIMUM LOT WIDTH=1 2 5'
AS PER COMMUNITY - PANEL NUMBER 13151C0156D FRONT SETBACK- - - - so· PROJECT #: B15 008
DATED: OCTOBER 6, 2016 REAR SETBACK - - - - 20 ' BOUNDARY SURVEY
SIDE SETBACK: - - - - 15'
19.995 ACRES
SEWER AS PER HCWA.
WATER AS PER HCWA
SURVEYOR'S CERTIFICATION: DRAWN BY: TLM
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND WAS 300'
PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE ON SCALE: 1 " = 1 oo·
THE GROUND BY ME OR UNDER MY SUPERVISION, AND THAT THE ! DATE: 04/ 29/ 202 1
MONUMENTS REFERENCED HEREON, EXIST AND THEIR SIZES, GRAPHIC SCALE = FEET
LOCATIONS AND MATERIALS ARE CORRECTLY SHOWN.
SHEET: 1 OF 1
RECEP/i::fJ 1:~ OFF /C:
BK: 13781 P6: 293-299
Filed and Recorded Oct-23-2014 os:s1:45AM
~;E:IH r' CCIJ HTY DOCt: D2014-023643
CLERK OF SUPE:rl !0R CDtJRT Real Estate Transfer Tox Poid $110 oo
0752014007392 '
201~ OCT 22 PM I: 30 BARBARA A, HARRISON
CLERK OF SUPERIOR COURT Henry County GA,

Return to:
LANE & KARLO, LLP
1827 Powers Ferry Road
Building Five
Atlanta, Georgia 30339

File No: LK144911
Auction #JOA30-7102

LIMITED WARRANTY DEED

STATE OF GEORGIA

COUNTY OF COBB

THIS INDENTURE, made and entered into this 16th day of October, in the year two
thousand fourteen, by and between

HARVEST POINT UNITED METHODIST CHURCH, INC.

of the County of Henry, and State of Georgia, as party or parties of the first part, hereinafter
called Grantor, and

S3 CAPITAL INVESTMENTS, LLC

as party or parties of the second part, hereinafter called Grantee (the words "Grantor'' and
"Grantee" to include their respective heirs, successors and assigns where the context requires
or permits.)

WITNESSETH that: Granter, for and in consideration of the sum of TEN AND NO/100
($10.00) DOLLARS in hand paid at and before the sealing and delivery of these presents, the
receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and
confirmed, and by these presents does grant, bargain, sell, convey and confirm unto the said
Grantee, the following described property, to-wit:

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BK: 13781 PG: 294

All those tracts or parcels of land lying and being in Land Lots 31, 32 and 33, 7th District, Henry
County, Georgia, and being more particularly described In Exhibit A, attached hereto and made a
part hereof.

This conveyance is made and authorized in accordance with and pursuant to The Book of
Discipline of the United Methodist Church (2012), as set forth and confirmed in and by that
certain Certification and Consent, attached hereto and made a part hereof.

TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights,
members and appurtenances thereof, to the same being, belonging, or in anywise appertaining,
to the only proper use, benefit and behoof of the said Grantee forever in FEE SIMPLE.

AND THE SAID Grantor will warrant and forever defend the right and title to the above
described property unto the said Grantee against the claims of all persons claiming by, through
or under Grantor herein .

IN WITNESS WHEREOF, the Granter has signed and sealed this deed as of the day and
year above written.

Signed, sealed and delivere_d in the HARVEST POINT UNITED METHODIST
presence of: CHURCH, INC.
~-1Ml,/.~r&'-P(.~~-~~L)
ames David McMemmen, Chairman
(President)

By~~~EAL)
Patrick Michael O'Neill, Vice-Chairman
1,1N1 1tt;1
(Vice-President)
My Commission Expires
October 2, 201 ll

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BK: 13781 PG: 295

EXHIBIT A

TRACT I: All that tract or parcel of land lying and being in Land Lots 31, 32 and 33 of the 7th
District of Henry County, Georgia, and being 14.I 69 acres designated as Tract I on a plat of survey
prepared for Davis Development, Inc., prepared by Carlton Rakestraw, Jr. of Carlton Rakestraw &
Associates, Ga. R.L.S. #2236, dated July 11, 2003, and last revised September 3, 2003, whicli. said
plat of survey is incorporated herein and by reference thereto being more particularly described as
follows:
TO FIND THE 'ffiUE POINT OF BEGINNING, commence at an iron pin set on the Southwestern
right-of•way line of S.R. 42/U.S. 23 (801 R/W), said iron p~ ~ ;~t.St ~ ~ y as
measured along said right~f-way line from its intersection with~ ~ rig1¢"6f~y lit,ie of,
Tunis Drive; thence leaving said rigbt~f-way line South 59' degn,¢$ S(i :minutes S4 sooonds West
447.09 feet to a ½" R.R. found; thence proceeding South 30 degrees 02 minutes 01 second East
100.14 feet to an iron pin set; thence proceeding South 59 degrees SS minutes 51 seconds West
1l'.3.17 feet to an iron pin set~ thence proceeding North 30. degrees 04 minutes 09 seconds West
138.00 feet to a½"' R.R. found; thence proceeding South 59 degrees 55 minutes Sl seconds West
320.47 feet to a½" R.R. found at the TRUE POINT OF BEGINNING; thence proceeding from said
true point of beginning South 23 degrees 24 minutes 14 seconds West 71.99 feet to a½" R.R.
found; thence proceeding South 71 degrees 56 minutes 43 seconds West 150.56 feet to a ½" R.R.
found; thence proceeding North 65 degrees 57 minutes 01 second West 115.18 feet to aw• R.R.
found; thence proceeding South 88 degn,es 21 minutes 41 seconds West 280.93 feet to a½" R.R.
found; thaice procemg South 78 dearec,s 36 minutes 17 seconds West 3U.03 feet to.a ½" R.R.
found; ·thence proceeding South 38 degrees·S8 minutes 41 aeconds Wm 549.45 feet to a ½" R.R.
found on the Bastem right-of-way line of Southern Railway (1 SO' R/W); thence proceeding along
the Eastern right-of-way line of Southern Railway North 09 degrees 06 minutes 42 seconds Bast
1.345.95 feet to an iron pin set; the.nee leaving the Eastern right-of.way line of Southern Railway
South S4 degrees 14 minutes 16 seconds East 932.52 feet to a ½" R.R. found; the.nee proceeding
South 47 degrees 05 minutes 54 seconds East 325.48 feet to a ½" R.R. found at the TRUE POINT
OF BEGINNING. ~

TRACT 11: All that tract or parcel of land lying and being in Land Lot 31 of the 7th District of
Henry County, Georgia, and being 7.841 acres designated as Tract Ilona plat of survey prepared
for Davis Development, Inc., prepared by Carlton Rakestraw, Jr. of Carlton Rakestraw &
Associates, Ga. R.L.S. #2236, dated July 11, 2003, and last revised September 3, 2003, which said
plat of survey is incorporated herein and by reference thereto being more particularly described as
follows:

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STATEMENT OF INTENT

and

Other Material Required by
City of Stockbridge Zoning Ordinance

For

Annexation, Rezoning, and Future Land Use Map Amendment

of

S3 Capital Investments, LLC
c/o Battle Law, P.C.

for

19.995 +/- Acres located at PIN #071-01034012, 071-01034014
Highway 42 and Summit View Drive

Submitted for Applicant by:

Michèle L. Battle, Esq.
Battle Law, P.C.
Habersham at Northlake, Building J, Suite 100
Tucker, Georgia 30084
(404) 601-7616 Phone
(404) 745-0045 Facsimile
mlb@battlelawpc.com

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

S3 Capital Investments, LLC (the “Applicant”) is requesting annexation into the Incorporated City of
Stockbridge for the rezoning of 19.995 acres of land, which is further described as parcel
071-01034012. This property is currently developed under the unincorporated Henry County Office
Mixed-Use zoning district. The applicant is requesting that this property be annexed into the
Incorporated City of Stockbridge and to be rezoned from MU to PUD.

Additionally, the Applicant is seeking to rezone a second parcel that is already located within the
Incorporated City of Stockbridge bearing parcel number 071-01034014. That parcel is currently
zoned OI and LI, and the Applicant is seeking to rezone it to PUD. The Applicant intends to combine
this parcel with the above mentioned parcel after the annexation and rezoning of each are complete
so as to create one new parcel under the PUD zoning district.

A Future Land Use Amendment Application has been filed to change the future land use on both of
the above-mentioned parcels. The request seeks to change the future land use from Mixed-Use,
Light Industrial, and Low-Density Vertical Mixed Use to High-Density Residential.
CURRENT PROPOSED CURRENT PROPOSED
STE AREA PARCEL ID# PROPERTY OWNER PROPOSED USE PROPOSED UNITS
JURISDICTION JURISDICTION ZONING ZONING

ASSISTED LIVING, NURSING /
REHABILITATION, 7 DETACHED I.L. UNITS
SOUTHERN CRESCENT UNINCORPORATED CITY OF MU (MIXED
20.0 AC. 071-01034012 PUD AGE-RESTRICTED, 93 ATTACHED I.L. UNITS
REHAB HENRY COUNTY STOCKBRIDGE USE)
INDEPENDENT LIVING 100 TOTAL IL UNITS
RESIDENTIAL (IL )

AGE-RESTRICTED, 52 DETACHED IL UNITS
CITY OF CITY OF
220 AC. 071-01034014 S3 CAPITAL INVESTMENTS, LLC O&I PUD INDEPENDENT LIVING 124 ATTACHED 1.L. UNITS
STOCKBRIDGE STOCKBRIDGE
RESIDENTIAL 176 TOTAL I.L. UNITS
TOTAL 276 TOTAL IL UNITS

This document is submitted as a Statement of Intent with regard to this Application, preservation
of the Applicant’s constitutional rights, and an application of the criteria provided in the Steinberg

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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Act to provide a rigorous analysis of the proposed rezoning and land use amendment. A surveyed
plat and conceptual site plan of the Subject Property has been filed contemporaneously with the
Application, along with other required materials.

II. REVIEW CRITERIA FOR JUSTIFICATION

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

The Subject Property is abutted by a residential neighborhood to the south. There
are commercial-zoned parcels adjacent east and north of the property. The
Southern Crescent site is currently developed and the adjacent tract, which is
referenced as tract 2 is currently undeveloped with heavy tree coverage throughout
the parcel. The proposed use appears to be suitable in view of the surrounding
properties as a residential addition to the Highway 42 corridor.

B. Whether the zoning proposal will adversely affect the existing use or usability of
adjacent or nearby property The land use amendment and zoning proposal will
not adversely affect the existing use or usability of adjacent or nearby property.

The proposed land use amendment and zoning proposal will allow the Applicant to
improve upon the area surrounding the Subject Property by bringing high-quality
architectural design, road access through the Subject Property, jobs, and senior
services that are in high demand according to the regional market.

C. Whether the property will be affected by the zoning proposal has a reasonable
economic use as currently zoned.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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The Subject Property does have a reasonable economic use as zoned. However, the
land-use amendment and zoning proposal will not change this fact. There is an
annexation request which will allow this development to be added to the City of
Stockbridge. We believe that this project would best benefit from the regulations
established within the City of Stockbridge Zoning Ordinance.

D. Whether the zoning proposal will result in a use that will or could cause excessive
or burdensome use of existing streets, transportation facilities, utilities or schools.

The land use amendment and zoning proposal will not result in a use which will or
could cause excessive or burdensome use of existing streets, transportation
facilities, utilities or schools.

E. Whether the zoning proposal is in conformity with the policy and intent of the
land-use plan. The land use amendment and zoning proposal is in conformity with
the policy and intent of the land-use plan.

The zoning proposal is appropriate for the simultaneous land use amendment
because the assigned land use designation is not compatible as industrial land use.
The proposed site will be residential with a low-density yield. The requested change
appears to be more conforming with the area given that there are existing
residential land uses adjacent to the subject property.

F. Whether there are other existing or changing conditions affecting the use and
development of the property which give supporting grounds for either approval or
disapproval of the zoning proposal.
The Applicant is aware of the conditions that were assigned by Henry County’s staff.
The applicant intends to carry some of the conditions with some alterations in the

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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language that will best suit the development regulations and policies of the City of
Stockbridge.

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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III. NOTICE OF CONSTITUTIONAL ALLEGATIONS AND PRESERVATION OF APPLICANT’S
CONSTITUTIONAL RIGHTS

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

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

A denial of this Application would constitute an arbitrary irrational abuse of discretion and
unreasonable use of the zoning power because they bear no substantial relationship to the public
health, safety, morality or general welfare of the public and substantially harm the Applicant in
violation of the due process and equal protection rights guaranteed by the Fifth Amendment and

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph I
and Article I, Section III, Paragraph 1 of the Constitution of the State of Georgia.

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

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

A refusal to allow the land use amendment and/or rezoning in question would be invalid
inasmuch as it would be denied pursuant to an ordinance which is not in compliance with the
Zoning Procedures Law, O.C.G.A Section 36-66/1 et seq., due to the manner in which the Ordinance
as a whole and its map(s) have been adopted. The existing land use designation and/or zoning
classification on the Subject Property is unconstitutional as it applies to the Subject Property.

This notice is being given to comply with the provisions of O.C.G.A. Section 36-11-1 to
afford the City an opportunity to revise the Property to a constitutional classification. If action is not

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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taken by the City to rectify this unconstitutional land use designation and/or zoning classification
within a reasonable time, the Applicant is hereby placing the City on notice that it may elect to file a
claim in the Superior Court of Henry County demanding just and adequate compensation under
Georgia law for the taking of the Subject Property, diminution of value of the Subject Property,
attorney’s fees and other damages arising out of the unlawful deprivation of the Applicant’s
property rights.

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

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

A denial of this Application would constitute an arbitrary irrational abuse of discretion and
unreasonable use of the zoning power because they bear no substantial relationship to the public
health, safety, morality or general welfare of the public and substantially harm the Applicant in

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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violation of the due process and equal protection rights guaranteed by the Fifth Amendment and
Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph I
and Article I, Section III, Paragraph 1 of the Constitution of the State of Georgia.

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

IV. Conclusion

Thank you for your consideration for this project. The applicant is more than willing to provide
any additional documents and supporting details. For the foregoing reasons, the Applicant
respectfully requests that the simultaneous Annexation, Land Use Amendment, and Rezoning
application at issue be approved. The Applicant also invites and welcomes any comments from Staff
or other officials of the City of Stockbridge so that such recommendations or input might be
incorporated as conditions of approval of this Application.

This 1st day of June 2022.

Respectfully submitted,

Michele L. Battle, Esq. Attorney for the Applicant

c/o Tyler McSwain, Senior Urban Planner

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
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I• ➔ i =:•-

I• ➔ i =:•-

City of Stockbridge
MEETING DATE
AGENDA ITEM
November 14, 2022 FUNDING SOURCE
RESOLUTION GENERAL FUND
ORDINANCE FUND BALANCE
CONTRACT APPROVAL/RENEWAL SPLOST IV
PUBLIC HEARING TSPLOST
PRESENTATION CDBG
BID SELECTION/AWARD GRANT FUNDING
TASK ORDER COUNCIL INITIATIVE
CHANGE ORDER PARTNER/SPONSOR
BUDGET AMENDMENT DEPARTMENT FUND BALANCE
BUDGET TRANSFER BONDING
PAYMENT APPROVAL ACCOUNT TRANSFER FROM: N/A
OTHER ACCOUNT TRANSFER TO: N/A

PRESENTER: Ryan Anderson, Chief Planner

DEPARTMENT: Community Development

ITEM/PROJECT/EVENT:
Comprehensive Plan Amendment Case #CP-2022-05 for Parcel #S27-02021000 (a.k.a. 443 MLK, Sr. Heritage
Trail). Proposal by John R. Landers, Jr., applicant and business owner, to change the property’s future land
use designation from ‘Medium-Density Residential’ to ‘Heavy Industrial’ to allow for an industrial develop-
ment. The property contains 1.962 a +/- acres and it is located in Land Lot 36 of District 12 within the Stock-
bridge City Limits. Rezoning Case #RZ-2022-06 is a companion case.

BACKGROUND INFORMATION:

The applicant operates a house-moving business from the property, where he parks vehicles and stores
business equipment outdoors. He proposes to continue the same use but to construct a small modular
building on the property, in compliance with UDC Section 3.2.20, to store his equipment. LI districts are lo-
cated to the north and east of the property. Modular buildings are allowed in both LI and HI districts. Me-
morial Park and the City Transfer Station are located to the south of the property. The Staff recommends
denial of Heavy Industrial to prevent a “spot” land use (keeping heavy industrial uses to the east of Rock
Quarry Road), but approval of ’Light Industrial’ instead. Staff recommended approval, and the Planning
Commission agreed unanimously at its meeting on October 27, 2022.

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

#CP-2022-05 and 443 MLK Senior Heritage Trail

TO: Planning Commission

FROM: Gordon Linton, Planner I

CC: Brecca Carter, Community Development Director
R. Ryan Anderson, Chief Planner

DATE: October 27, 2022

Subject: #CP-2022-05 For 443 MLK Senior Heritage Trail

I. PURPOSE

Consider a Comprehensive Plan Amendment application to change the future land use
designations of certain property from Medium Density Residential to Heavy Industrial to allow
for industrial development. Application by John R. Landers, Jr.

II. Background

Proposed Development The applicant proposes to build a metal
building on the existing lot for its purpose of
storing business equipment
Site Address 443 MLK Senior Heritage Trail
Parcel Identification S27-02021000

Parcel Acreage 1.96 +/- acres
Applicant John R. Landers, Jr.
690 Austin Road
Ellenwood, GA, 30294
770-235-7599
Owner Mark Butler
694 Red Oak Road
Stockbridge, GA, 30281
City Land Use Designation Medium Density Residential

Current Zoning SR (Suburban Residential)

Current Use It is currently an area used for storage located
at the property.

#CP-2022-05 and 443 MLK Senior Heritage Trail

SURROUNDING LAND USE AND ZONING

Location Existing Land Use Existing Zoning
Property to the North Ready Mix USA Stockbridge SR (Suburban Residential)
Concrete Plant
Property to the South Memorial Park LI (Light Industrial District)
Property to the East Vacant Land LI (Light Industrial District)

Property to the West Vacant Land SR (Suburban Residential)

SURROUNDING LAND USE DESIGNATION

Location Existing Land Use Existing Future Land Use
Designation
Property to the North Ready Mix USA Stockbridge Light Industrial
Concrete Plant
Property to the South Memorial Park Park/Recreation/Conservation
Property to the East Vacant Land Public/Institutional

Property to the West Vacant Land Medium Density Residential

III. Finding of Facts—Add 4-5 bullet points about the case

A. The current zoning of the property is SR (Suburban Residential). The applicant will
be seeking a rezoning to change the zoning of the property from SR (Suburban
Residential) to HI (Heavy Industrial). The case will be heard concurrently.

B. The vicinity of the area is mostly industrial to the north and south are primarily
industrial and residential. Memorial Park is located to the south.

C. Currently, the area is mostly used for storing equipment that the applicant uses as
part of his business.

D. The vicinity of the area is mostly ‘Heavy Industrial’ to the north and east. The current
land use designation for Memorial Park is Park/Recreation/Conservation

#CP-2022-05 and 443 MLK Senior Heritage Trail

IV. Maps and Illustrations

Aerial Photo of 443 MLK Senior Heritage Trail

#CP-2022-05 and 443 MLK Senior Heritage Trail

Future Land Use Map of 443 MLK Senior Heritage Trail

#CP-2022-05 and 443 MLK Senior Heritage Trail

Conceptual Site Plan of 443 MLK Senior Heritage Trail

#CP-2022-05 and 443 MLK Senior Heritage Trail

V. Analysis

Project Description

The applicant proposes a Comprehensive Plan Amendment to change the future land
use designations of certain property from Medium Density Residential to Heavy Industrial
to allow for the purpose of constructing a metal building for storing the equipment. The
Future Land Use Designation Map designates the subject property as Medium Density
Residential. However, the current Future Land Use is incompatible with the requested
rezoning. Therefore, the applicant is seeking a Comprehensive Plan Amendment to
change the Future Land Use Designation from Medium Density Residential to Heavy
Industrial.

Staff Analysis

The applicant requests a Comprehensive Plan Amendment under the City of
Stockbridge Unified Development Code Section (Sec. 9.2.7):

ANALYSIS OF REQUEST

1. Consistency with the Comprehensive Plan.

• The proposed development is not consistent with the Comprehensive Plan’s future
land use designation of Medium Density Residential for the subject property.
Therefore, the applicant has requested a Comprehensive Plan amendment via CP-
2022-05 to change the property’s land use designation to Heavy Industrial which would
allow the proposed metal building to be built.

2. Relation to the Zoning of the Property

• The property’s requested zoning districts are not compatible with the list of permitted
zoning districts that are found in the Comprehensive Plan. To allow for the proposed
zoning, the applicant has requested the rezoning of the property from SR (Suburban
Residential) to HI (Heavy Industrial) to allow for the building to be built. The rezoning
will be heard concurrently with this case.

3. Suitability of the Site’s Location.

• The proposed ‘Heavy Industrial’ land use designation would not compatible since the
other surrounding areas are comprised of light industrial and residential uses. While
there are heavy industrial uses in the greater vicinity it is separated distinctly by Rock
Quarry Road.

#CP-2022-05 and 443 MLK Senior Heritage Trail

4. Maintaining the Current Land Use Designation.

• Maintaining the current land use would deny the applicant for developing his proposed
project. The applicant’s proposed rezoning is not feasible and compatible with the
surrounding community since the area is primarily light industrial and residential. The
proposed comp plan amendment project will result in a negative impact on the overall
community because it will introduce heavy industrial uses to an area that is
predominantly light industrial and residential. Staff recommends keeping the heavy
industrial uses to the east of Rock Quarry Road and not allow such uses to encroach
into the area.

Summary of Impacts/Concerns

Code Compliance No comments provided
Police Department No comments provided
Fire Marshall
Henry County Water and Sewer
Building No comments provided
Traffic No comments provided

VI. STAFF RECOMMENDATION

• The staff report has demonstrated that the requested Comprehensive Plan
Amendment via CP-2022-05 would not be desirable for the subject property. As a
result, Planning and Zoning staff recommends Denial of CP-2022-05 to Heavy
Industrial land use.

• Staff recommends Approval with Conditions of Light Industrial Land Use in
conjunction with the requested rezoning of the property via RZ-2022-06 to allow for
the applicant’s proposed use.

LETTER OF INTENT
John R. Landers Jr.
690 Austin Road
Ellenwood, GA 30294
770-235-7999

Linda Logan
City of Stockbridge
Planning and Zoning
Municipal Court Building
4602 North Henry Boulevard
Stockbridge, GA 30281

Dear Ms. Logan,

I, John R. Landers Jr. am the Agent for the property owner, J. Mark Butler of the property at 443
MLK Sr. Heritage Trail. The property is 1.962 acres in Land Lot 36 of the 12th District with Tax ID
# S27-02021000. We would like to apply to have the property at this address rezoned from
(SR)” Suburban Residential” to (HI) “Heavy Industrial.” We would like to apply for a
Comprehensive Plan Amendment in order to change the property’s Future Land Use
Designation from “Public-Institutional” to “Heavy Industrial.” We currently have been using the
property to store business equipment for a House Moving and Raising Business for the last five
years. The property owner wants to sell the property to me, John R. Landers Jr. and I wanted
the property zoned correctly for its proper use before I purchased the property. I want to
continue to store my business equipment on the property and eventually have a building built
on the property. The property is surrounded by property owned by the City of Stockbridge.

Sincerely,

John R. Landers Jr.
LEGEND
A = ARC LENGTH RB = REBAR
B/L = BUILDING SETBACK LINE RCP = REINFORCED CONCRETE PIPE
C/L = CENTERLINE SQFT = SQUARE FEET
CALC = CALCULATED POINT WM = WATER METER
CHB = CHORD BEARING WV = WATER VALVE
CHL = CHORD LENGTH WVLT = WATER VAULT
D = DELTA ANGLE
DB = DEED BOOK
FES = FLARED END SECTION
FH = FIRE HYDRANT
IPF = IRON PIN FOUND
IPP = IRON PIN PLACED
L.L.L. = APPARENT LAND LOT LINE
LL = LAND LOT
N/F = NOW OR FORMERLY
OHW = OVERHEAD WIRE
OTP = OPEN TOP PIPE
P/L = PROPERTY LINE
PB = PLAT BOOK
PG = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
PP = POWER POLE
R = RADIUS
R/W = RIGHT OF WAY
R/WM = RIGHT OF WAY MONUMENT

IP
1/2

L. PO
"R CO REF IN
1/2 N: OR ERE OF
IPF SE 1
E: 28 DIN NC
22 7
78 77 ATE E
NI 64 3.8 S:
8. 52
O R
38
THIS
SURVEY HE TO N
RI LO A 38
TA R/ CA O
TE UN
14

GE AN OF D O D R "E
W R 12
53 IT D I OC N T /W 32
H TS K H M
TR
°5 ON .4
5'0 TH I Q E 7'
0" E NT U E U
LA N E AR AS M
LOCATION MAP
22 AI ND OR RS R TE EN
LO TH ECT RO RL T
33
' L T LIN IO A Y
36 E N D
N: I OF
E: 128 PF 1 PO
22 68 /2
77 14 " R B
87 .7 B
4. 44
37

0.3
40
N/F
4'1 BUTLER J MARK SR

S 00°44'00" W 226.52'
7°4 TAX ID: S27-02021000
DB 14696, PG 165
N2 CITY OF STOCKBRIDGE ZONING: SR

1.962 ACRES
N/F
CITY OF STOCKBRIDGE
FO
UN
TAX ID: S28-02020000 D
DB 60, PG 599
ZONED: SR 85,453 SQFT R/

GRID

1/2 N/F
CITY OF STOCKBRIDGE
IPF TAX ID: S28-01002000
IPP DB 78, PG 388
ZONED: LI
N 89°25'13" W 363.94'

SYMBOL LEGEND
= CONCRETE
= ASPHALT PAVEMENT
= BUILDING OUTLINE
= IRON PIN FOUND
= IRON PIN PLACED (1/2" REBAR)
0' 30' 60' 90'
= BOUNDARY POINT
= IPF CONCRETE MONUMENT
= OVERHEAD WIRE
SCALE:1"=30'
JOB NO. SHEET
220263 1 1
ORIGINAL PLAT DATE ORIGINAL FIELD DATE
07/26/2022
SCALE CREW
07/22/2022
RETRACEMENT SURVEY
1" = 30' KM
DRAWN BY FIELD BOOK
FIELD SKETCH
FOR JOHN LANDERS
SJL 96 Ernest Biles Drive, Jackson, Georgia 30233
CHECKED BY DRAWING NO.
JPH 220263-B IN LAND LOT 36, DISTRICT 12, HENRY COUNTY, GEORGIA Phone 770-957-4614 / Email office@ironstonesurveying.com
ZONING MAP EXCERPT FOR 443 M.L.K. SR. HERITAGE TRAIL
City of Stockbridge
MEETING DATE
AGENDA ITEM
November 14, 2022 FUNDING SOURCE
RESOLUTION GENERAL FUND
ORDINANCE FUND BALANCE
CONTRACT APPROVAL/RENEWAL SPLOST IV
PUBLIC HEARING TSPLOST
PRESENTATION CDBG
BID SELECTION/AWARD GRANT FUNDING
TASK ORDER COUNCIL INITIATIVE
CHANGE ORDER PARTNER/SPONSOR
BUDGET AMENDMENT DEPARTMENT FUND BALANCE
BUDGET TRANSFER BONDING
PAYMENT APPROVAL ACCOUNT TRANSFER FROM: N/A
OTHER ACCOUNT TRANSFER TO: N/A

PRESENTER: Ryan Anderson, Chief Planner

DEPARTMENT: Community Development

ITEM/PROJECT/EVENT:
Rezoning Case #RZ-2022-06 for Parcel #S27-02021000 (a.k.a. 443 MLK, Sr. Heritage Trail). Proposal by John
R. Landers, Jr., applicant and business owner, to rezone the property from ’SR’ (Suburban Residential) to
’HI’ (Heavy Industrial) to allow for an industrial development. The property contains 1.962 +/- acres and it
is located in Land Lot 36 of District 12 within the Stockbridge City Limits. Comprehensive Plan Amendment
Case #CP-2022-05 is a companion case. The Staff recommended Approval With Conditions, and the Plan-
ning Commission agreed at its October 27, 2022 meeting.

BACKGROUND INFORMATION:

The applicant operates a house-moving business from the property, where he parks vehicles and stores
business equipment outdoors. He proposes to continue the same use but to construct a small modular
building on the property, in compliance with UDC Section 3.2.20, to store his equipment. LI districts are lo-
cated to the north and east of the property. Modular buildings are allowed in both LI and HI districts. Me-
morial Park and the City Transfer Station are located to the south of the property. The Staff recommends
denial of Heavy Industrial to prevent a “spot” land use (keeping heavy industrial uses to the east of Rock
Quarry Road), but approval of ’Light Industrial’ instead, with the condition that the applicant complies with
UDC Section 3.2.20. The Planning Commission agreed unanimously at its meeting on October 27, 2022.

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

#RZ-2022-06 and 443 MLK Senior Heritage Trail

TO: Planning Commission

FROM: Gordon Linton, Planner I

CC: Brecca Carter, Community Development Director
R. Ryan Anderson, Chief Planner

DATE: October 27, 2022

Subject: #RZ-2022-06 For 443 MLK Senior Heritage Trail

I. PURPOSE

Consider a request to rezone property from SR (Suburban Residential) to HI (Heavy
Industrial) to allow for industrial development. Application by John R. Landers, Jr.

II. Background

Proposed Development The applicant proposes to build a metal
building on the existing lot for the purpose
of storing business equipment and
vehicles.
Site Address 443 MLK Senior Heritage Trail
Parcel Identification S27-02021000
Parcel Acreage 1.962 +/- acres
Applicant John R. Landers, Jr.
690 Austin Road
Ellenwood, GA, 30294
770-235-7599
Owner Mark Butler
694 Red Oak Road
Stockbridge, GA, 30281
Historic District N/A
Current Zoning SR (Suburban Residential)
Zoning History N/A

#RZ-2022-06 and 443 MLK Senior Heritage Trail

Current Use Outdoor storage of business equipment
and vehicles for a house-moving
company.

SURROUNDING LAND USE AND ZONING

Location Existing Land Use Existing Zoning
Property to the North Ready Mix USA Stockbridge SR (Suburban Residential)
Concrete Plant
Property to the South Memorial Park LI (Light Industrial District)
Property to the East Vacant Land LI (Light Industrial District)

Property to the West Vacant Land SR (Suburban Residential)

III. Findings of Fact

A. The applicant will be seeking a Comprehensive Plan Amendment to change the
future land use designations of certain property from Medium Density Residential to
Heavy Industrial.

B. The subject property is not part of the Parkway Mixed-Use Overlay District.

C. The existing property is a non-conforming use.

#RZ-2022-06 and 443 MLK Senior Heritage Trail

IV. Maps and Illustrations

Zoning Map of 443 MLK Senior Heritage Trail

#RZ-2022-06 and 443 MLK Senior Heritage Trail

Aerial Photo of 443 MLK Senior Heritage Trail

#RZ-2022-06 and 443 MLK Senior Heritage Trail

Conceptual Site Plan of 443 MLK Senior Heritage Trail

#RZ-2022-06 and 443 MLK Senior Heritage Trail

V. Analysis

Project Description

The applicant intends to rezone 1.96 acres of 443 MLK Senior Heritage Trail from SR
(Suburban Residential) to HI (Heavy Industrial) for the purpose of constructing a metal
building for storing the equipment. The requested HI will allow the owner to construct the
requested building. The Future Land Use Designation Map designates the subject
property as Medium Density Residential. However, the current Future Land Use is
incompatible with the requested rezoning. Therefore, the applicant is seeking a
Comprehensive Plan Amendment to change the Future Land Use Designation from
Medium Density Residential to Heavy Industrial.

Staff Analysis

The applicant requests a Rezoning under the City of Stockbridge Unified Development
Code Section (Sec. 9.2.1 C):

The Planning Commission and the City Council shall consider the following standards in
considering any proposal that would result in a change to the text or map of this UDC,
giving due weight or priority to those factors that are appropriate to the circumstances of
each proposal.

ANALYSIS OF REQUEST

1. Consistency with the Comprehensive Plan.

The request to rezone the subject property to HI (Heavy Industrial) is inconsistent
with the Comprehensive Plan. The current Land Use Designation for the subject
property is Medium-Density Residential which provides a list of compatible zoning
districts which does not include HI. A Comprehensive Plan Amendment has been
filed and will be heard concurrently with this case.

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

The proposed rezoning does not meet all the requirements of the minimum
development standards of the HI zoning district. In addition, the proposed rezoning
is not consistent with the zoning character of the area. A Comprehensive Plan
Amendment has been filed and will be heard concurrently with this case. The
adjacent and surrounding land uses are light industrial and residential. While there
are heavy Industrial uses in the greater vicinity and Rock Quarry Road to the east
serves as a distinct boundary between light industrial and heavy industrial. Staff

#RZ-2022-06 and 443 MLK Senior Heritage Trail

prefers that that the Heavy Industrial remains on the eastern side of Rock Quarry
Road. Moreover, staff feels as though Heavy industrial uses should not encroach
into the light industrial and residential uses within the immediate vicinity.

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

Although the addition of the proposed metal building could benefit the subject
property by providing a visual screening of the applicant’s industrial equipment and
serving as a protection for the equipment, rezoning the property to heavy industrial
would adversely affect the character of the area because it is primarily light
industrial and residential. The proposed rezoning would therefore potentially
constitute a spot zoning, especially since the subject property is very small (having
only 1.962 acres), and it could lead to possible other heavy industrial uses being
introduced into the immediate vicinity. This could result in an unwarranted zoning
precedent.

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

The site appears to be suitable for the proposed rezoning with an approved
Comprehensive Plan Amendment. Issues regarding buffering, topography,
drainage, access, size, and shape of the property will be addressed.

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

The possible impact upon the adjacent property owners should the property be
rezoned is an increase in traffic from the trucks that will pick up the equipment.

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

There is no impact anticipated. However, Memorial Park is located within close
proximity of the subject property and future anticipated an expansion of the park,
and this proposed re-zoning could have an adverse impact on those plans.

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

The subject property has frontage on MLK Senior Heritage Trail, which is a local
road. There are no sidewalks in the vicinity of the subject property.

8. The merits of the requested change in zoning relative to any other guidelines

#RZ-2022-06 and 443 MLK Senior Heritage Trail

and policies for development, which the Planning Commission and City
Council may use in furthering the objective of the comprehensive plan.

Approval of the applicant’s request to a more suitable zoning district of Light
Industrial in concert with an appropriate Comprehensive Plan Amendment would
allow the applicant to construct the requested building according to Section 3.2.20
Industrial and Modular Buildings of the UDC. The applicant’s request is more in
line with this section of code.

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

The subject property is zoned ‘SR’ (Suburban Residential), but it is currently being
used for an industrial operation. The current use is non-conforming, and since other
light industrial uses are near the subject property, the continuation of the current
industrial use is reasonable. Allowing the property to continue to be used for
industrial purposes is reasonable since that would provide stability to the area since
the existing use has existed on the property for many years, and because nearby
properties are zoned for light industrial uses. Further, since the subject property
faces railroad tracks, it is not likely that it would be developed for a single-family
residence.

Summary of Impacts/Concerns

Fire Marshal N/A

Henry County Water and Sewer Sufficient

Police N/A

School Board N/A

Buildings N/A

VI. STAFF RECOMMENDATIONS

• The planning and zoning staff recommends denial of the applicant’s request
from SR (Suburban Residential) to HI (Heavy Industrial) and recommend
approval with conditions to LI (Light Industrial). The recommended zoning
condition is listed below:

o The building will be developed in accordance with Section 3.2.20 of the
City of Stockbridge Unified Development Code and all other City Code
sections regarding site development standards and requirements.

LETTER OF INTENT
John R. Landers Jr.
690 Austin Road
Ellenwood, GA 30294
770-235-7999

Linda Logan
City of Stockbridge
Planning and Zoning
Municipal Court Building
4602 North Henry Boulevard
Stockbridge, GA 30281

Dear Ms. Logan,

I, John R. Landers Jr. am the Agent for the property owner, J. Mark Butler of the property at 443
MLK Sr. Heritage Trail. The property is 1.962 acres in Land Lot 36 of the 12th District with Tax ID
# S27-02021000. We would like to apply to have the property at this address rezoned from
(SR)” Suburban Residential” to (HI) “Heavy Industrial.” We would like to apply for a
Comprehensive Plan Amendment in order to change the property’s Future Land Use
Designation from “Public-Institutional” to “Heavy Industrial.” We currently have been using the
property to store business equipment for a House Moving and Raising Business for the last five
years. The property owner wants to sell the property to me, John R. Landers Jr. and I wanted
the property zoned correctly for its proper use before I purchased the property. I want to
continue to store my business equipment on the property and eventually have a building built
on the property. The property is surrounded by property owned by the City of Stockbridge.

Sincerely,

John R. Landers Jr.
LEGEND
A = ARC LENGTH RB = REBAR
B/L = BUILDING SETBACK LINE RCP = REINFORCED CONCRETE PIPE
C/L = CENTERLINE SQFT = SQUARE FEET
CALC = CALCULATED POINT WM = WATER METER
CHB = CHORD BEARING WV = WATER VALVE
CHL = CHORD LENGTH WVLT = WATER VAULT
D = DELTA ANGLE
DB = DEED BOOK
FES = FLARED END SECTION
FH = FIRE HYDRANT
IPF = IRON PIN FOUND
IPP = IRON PIN PLACED
L.L.L. = APPARENT LAND LOT LINE
LL = LAND LOT
N/F = NOW OR FORMERLY
OHW = OVERHEAD WIRE
OTP = OPEN TOP PIPE
P/L = PROPERTY LINE
PB = PLAT BOOK
PG = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
PP = POWER POLE
R = RADIUS
R/W = RIGHT OF WAY
R/WM = RIGHT OF WAY MONUMENT

IP
1/2

L. PO
"R CO REF IN
1/2 N: OR ERE OF
IPF SE 1
E: 28 DIN NC
22 7
78 77 ATE E
NI 64 3.8 S:
8. 52
O R
38
THIS
SURVEY HE TO N
RI LO A 38
TA R/ CA O
TE UN
14

GE AN OF D O D R "E
W R 12
53 IT D I OC N T /W 32
H TS K H M
TR
°5 ON .4
5'0 TH I Q E 7'
0" E NT U E U
LA N E AR AS M
LOCATION MAP
22 AI ND OR RS R TE EN
LO TH ECT RO RL T
33
' L T LIN IO A Y
36 E N D
N: I OF
E: 128 PF 1 PO
22 68 /2
77 14 " R B
87 .7 B
4. 44
37

0.3
40
N/F
4'1 BUTLER J MARK SR

S 00°44'00" W 226.52'
7°4 TAX ID: S27-02021000
DB 14696, PG 165
N2 CITY OF STOCKBRIDGE ZONING: SR

1.962 ACRES
N/F
CITY OF STOCKBRIDGE
FO
UN
TAX ID: S28-02020000 D
DB 60, PG 599
ZONED: SR 85,453 SQFT R/

GRID

1/2 N/F
CITY OF STOCKBRIDGE
IPF TAX ID: S28-01002000
IPP DB 78, PG 388
ZONED: LI
N 89°25'13" W 363.94'

SYMBOL LEGEND
= CONCRETE
= ASPHALT PAVEMENT
= BUILDING OUTLINE
= IRON PIN FOUND
= IRON PIN PLACED (1/2" REBAR)
0' 30' 60' 90'
= BOUNDARY POINT
= IPF CONCRETE MONUMENT
= OVERHEAD WIRE
SCALE:1"=30'
JOB NO. SHEET
220263 1 1
ORIGINAL PLAT DATE ORIGINAL FIELD DATE
07/26/2022
SCALE CREW
07/22/2022
RETRACEMENT SURVEY
1" = 30' KM
DRAWN BY FIELD BOOK
FIELD SKETCH
FOR JOHN LANDERS
SJL 96 Ernest Biles Drive, Jackson, Georgia 30233
CHECKED BY DRAWING NO.
JPH 220263-B IN LAND LOT 36, DISTRICT 12, HENRY COUNTY, GEORGIA Phone 770-957-4614 / Email office@ironstonesurveying.com
ZONING MAP EXCERPT FOR 443 M.L.K. SR. HERITAGE TRAIL
City of Stockbridge
MEETING DATE
AGENDA ITEM
November 14, 2022 FUNDING SOURCE
RESOLUTION GENERAL FUND
ORDINANCE FUND BALANCE
CONTRACT APPROVAL/RENEWAL SPLOST IV
PUBLIC HEARING TSPLOST
PRESENTATION CDBG
BID SELECTION/AWARD GRANT FUNDING
TASK ORDER COUNCIL INITIATIVE
CHANGE ORDER PARTNER/SPONSOR
BUDGET AMENDMENT DEPARTMENT FUND BALANCE
BUDGET TRANSFER BONDING
PAYMENT APPROVAL ACCOUNT TRANSFER FROM: N/A
OTHER ACCOUNT TRANSFER TO: N/A

PRESENTER: Ryan Anderson, Chief Planner

DEPARTMENT: Community Development

ITEM/PROJECT/EVENT:
Zoning Modification Case #ZM-2022-01 for Parcel #S07-01006005 on Brush Creek Court. Proposal by Eaman
Fatemi, Applicant and Member of Pivotal Enterprises, LLC (Owner as Applicant) to modify the previously-
approved Rezoning Case #RZ-03-04 and its Development Agreement (along with two amendments) to allow
for the proposed Brush Creek Commons townhome development with 41 units. The applicant requests var-
ious changes to the required amenities and site plan. The property contains 15.895 +/- acres and it is locat-
ed in Land Lots 59 & 70 of District 12 within the Stockbridge City Limits.

BACKGROUND INFORMATION:

The applicant requests changes in the number, type, and locations of amenities that were required by RZ-03
-04 and its development agreements. The last known approved site plan was from 2005. The applicant jus-
tifies the requested changes due to the presence of floodplains and wetlands on the property, plus antici-
pated high HOA maintenance costs and impractical amenity locations. The developer must still comply with
the remaining Development Conditions of the approved rezoning and development agreements. The cur-
rent UDC does not list required amenities for multifamily projects. The Staff recommends Approval with
Conditions (four). The Planning Commission agreed, by a vote of 3-0-1, at its October 27, 2022 meeting.

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

STAFF REPORT

TO: Mayor and City Council
Planning Commission

FROM: Linda M. Logan, Senior Planner, Planning and Zoning Division

CC: Brecca Carter, Community Development Director
R. Ryan Anderson, Chief Planner

DATE: October 27, 2022

SUBJECT: Zoning Modification Case #ZM-2022-01 for Brush Creek Commons
(Parcel #S07-01006005)

I. PURPOSE
Consider a request for a Zoning Modification to allow amenity and site plan changes to the
approved Development Conditions from a previously approved rezoning and Development
Agreement for the proposed “Brush Creek Commons” townhome development. The property
was rezoned on July 14, 2003 via Case #RZ-03-04, from R-2 (Single-Family Residential) to
RM-2 (Residential Multifamily--Townhomes). Along with the rezoning was an approved
Development Agreement, followed by two amendments. Altogether, they included fourteen
(14) Development Conditions. Subparagraph #N of the First Amendment listed the specific
amenities which the developer was required to provide. The development was to contain a
maximum of forty-one (41) townhome units. Although the developer installed a street, Brush
Creek Court, to serve the development, no buildings have been constructed. A locked gate
is present today at the site’s entrance off North Henry Boulevard, which is flanked by a
QuikTrip station and a Waffle House Restaurant. Brush Creek traverses the rear of the
property through a floodplain, and the property has rear frontage on Shields Road.

The rezoning and development agreements were approved based on the original applicant’s
site plan, and now the current applicant requests changes in the number, type, and locations
of the amenities, which are shown by his revised site plan. The property has 18.895 +/- acres,
but 5.459 acres are designated as “restricted use” by the Henry County Tax Assessors due
to the presence of floodplains and wetlands. The applicant cites this as being one of the
reasons why some of the required amenities cannot be installed. Other reasons include
anticipated high HOA maintenance costs and impractical locations.

If the requested zoning modification is granted, the developer would still be required to comply
with the remaining zoning conditions of the approved rezoning and development agreements.
The current UDC does not list required amenities for multifamily projects.

City of Stockbridge, Georgia Community Development Department; October 27, 2022

II. BACKGROUND DATA

Proposed Development Development of 41 townhomes, with a requested
modification in the number, type, and locations of
amenities to be provided from the previously
approved rezoning and development agreements.
Parcel Identification (no address) S07-01006005 in Land Lots 59 & 71 of District 12.
Parcel Acreage 15.895 +/- acres, of which 5.459 acres are
designated as “restricted use” due to floodplain.
Environmental Conditions Property access exists via a 30-foot Access Ease-
ment off North Henry Boulevard to Brush Creek
Court, across from Sheperd Drive. Floodplains
and wetlands exist at the rear of the property.
Applicant Eaman Fatemi, Member, as Applicant
Owner Eaman Fatemi, Member, Pivotal Enterprises, LLC
Current City Zoning MFR (Multiple Family Residential). Property is not
located in the Parkway Mixed-Use Overlay District.
Surrounding Zoning • North—MHR (Mobile Home Residential) and SR
(Suburban Residential) districts.
• South—C-2 (General Commercial), MFR (Multiple
Family Residential), and SR (Suburban
Residential) districts.
• East—SR (Suburban Residential) district.
• West—C-3 (Heavy Commercial) and C-2 (General
Commercial) districts.
Future Land Use Designation Medium-Density and Low-Density Residential.
Current Use Existing Brush Creek Court was previously
installed to serve the development, but no
buildings have been constructed.
Surrounding Land Uses • North—Two mobile home parks (Owned by
Stockbridge MHC, LLC) and Meadow Ridge
Subdivision.
• South—Commercial uses (QuikTrip and Waffle
House) and an apartment community.
• East—Meadow Ridge Subdivision and individual
single-family residences.
• West—Commercial uses.

City of Stockbridge, Georgia Community Development Department; October 27, 2022

III. MAPS AND ILLUSTRATIONS TO FOLLOW:
A. Aerial Photograph
B. Boundary Survey
C. Zoning Map

A. AERIAL PHOTOGRAPH
Parcel #S07-01006005
Frontages on Brush Creek Court and Shields Road
Accessed from North Henry Boulevard

LEGEND
Flood Map

X - 500 Year Flood

0.2 - Areas of 0.2% annual chance flood

A - 100 Year Flood Area - Areas of 1% annual chance flood also known as the base flood. Base Flood Elevations (BFE) have not
been determined.

AE -100 Year Flood Area - Areas of 1% annual chance flood also known as the base flood. Determined by detailed methods
with Base Flood Elevations (BFE).

AO - Areas subject to inundation by 1-percent-annual-chance shallow flooding, average depths 1-3 feet

City of Stockbridge, Georgia Community Development Department; October 27, 2022

B. BOUNDARY SURVEY

IV. ZONING AND DEVELOPMENT HISTORY

A. Overview. The subject property was rezoned in 2003 from R-2 (Single-Family Residential)
to RM-2 (Residential Multifamily for Townhomes) with twelve (12) conditions (none for
amenities) by the Stockbridge City Council, and a Development Agreement was adopted soon
thereafter. In 2004, an amendment to the Development Agreement was adopted, and the
Second Amendment was adopted in 2007. Each amendment included multiple conditions of
approval, as are identified in the paragraphs below. In particular, the First Amendment included
a list of required amenities under Subparagraph ‘N’, based on an adopted schematic site plan
dated October 7, 2004, which was included with the Second Amendment.

Following the adoption of the Second Amendment, a set of “Site Development Plans for Brush
Creek Commons”, dated January 25, 2005, was prepared and stamped for approval by the
former zoning and community development director for Henry County on April 18, 2006. At that
time, Henry County was providing zoning and plan review services to the City of Stockbridge
because the City did not have its own staff to perform those services. Included within the plans
was a detailed “Preliminary Plat”, which showed 41 proposed townhomes and various
amenities. Additional site plans were later prepared. Although letters from the City indicated
the approval of a February 22, 2008 site plan, to date, that site plan has not been located.

City of Stockbridge, Georgia Community Development Department; October 27, 2022

C. ZONING MAP
Legend:
Gold (subject property)—MFR (Multiple Family Residential District)
Red—C-3 (Heavy Commercial District)
Orange—MHR (Mobile Home Residential District)
Medium Pink—C-2 (General Commercial District)
Yellow—SR (Suburban Residential) District)

Letters from the City of Stockbridge in 2007 and 2008 to the Henry County Building and Plan
Review Department indicated the City’s approval of updated site plans. In particular, a letter
from the City of Stockbridge dated March 10, 2008 acknowledges the City’s approval of Site
Development Plans dated February 22, 2008, which showed various changes to the amenities,
landscaping, and detention pond. In addition, those plans may have been the basis for the
issuance of a land disturbance permit (LDP) for the installation of Brush Creek Court, which
exists today. However, to date, those plans have not been located.

B. Rezoning Case #RZ-03-04—A rezoning application was filed with Henry County Planning
and Zoning by Royce Grant on behalf of the original developer of the subject property,
Timberline Group, LLC, who wanted to build 75 townhomes on the property. The applicant
requested to rezone 15.96 +/- acres from ‘R-2’ (Single-Family Residential) and ‘C-2’ (General
Commercial) to ‘RM-2’ (Residential-Multifamily). The two lots which were zoned ‘C-2’ were later
left out of the rezoning request, and the number of units to be built was reduced to 48. The

City of Stockbridge, Georgia Community Development Department; October 27, 2022

developer agreed to provide the amenities which were required by the RM-2 district; to provide
paved alleyways; and to provide a 200-foot-wide buffer along Shields Road. The Henry County
Planning Commission subsequently recommended the approval of RZ-03-04, with eleven (11)
conditions.

Then the Stockbridge City Council approved the rezoning via Rezoning Ordinance #03-152 on
July 14, 2003 with twelve (12) conditions which comprised Exhibit “C.” None of them pertained
to the provision of amenities.

V. MAPS AND ILLUSTRATIONS TO FOLLOW:

D. List of Approved Zoning Conditions per Exhibit “C” from Rezoning Ordinance No.
03-152 (July 14, 2003) for Rezoning Case #RZ-03-04 (originated from Henry
County).

D. LIST OF APPROVED ZONING CONDITIONS PER EXHIBIT “C”
FROM REZONING ORDINANCE NO. 13-152 (JULY 14, 2003)
FOR REZONING CASE #RZ-03-04
(ORIGINATED FROM HENRY COUNTY)

A. Revise site plan to adhere to all City of Stockbridge RM-2 Ordinance requirements. (Note
that approval of this rezoning is not an approval of the site plan submitted to the Henry
County Planning and Zoning Department.)

B. Maximum building height shall be shown on the site plan.
C. All townhouses shall have a mixture of front facade consisting of covered entryway,
porches, bay windows and balconies. Garages shall be accentuated with variations of
D. Developer shall submit elevations of the building to be approved by the Planning and Zoning
Department. (Note that approval of this rezoning is not an approval of the site plan submitted
to the City Council.)

Each unit elevation per building shall be separate and distinct from the other. To include
variations in rooflines which may be accomplished with the use of dormers, gables and/or
fireplaces.
F. Each unit shall have different brick, stucco and masonry theme from the other attached units.
No vinyl siding will be allowed.

G. Developer shall install street trees along all streets to be placed between the sidewalk and the
front property lines, have a minimum two and one-half inch (2.5") caliber (d.b.h), shall have a
minimum twenty-four foot (24 sq. ft.) planting area and shall be spaced an average of forty-five

City of Stockbridge, Georgia Community Development Department; October 27, 2022

feet (45') apart. Consisting of ginko (non-fruit bearing), Japanese zekova and/or oak family
type.

H. Developer shall install street trees along all streets to be placed between the sidewalk and the
front property lines, have a minimum two and one-half inch (2.5") caliber (d.b.h), shall have a
minimum twenty-four foot (24 sq. ft.) planting area and shall be spaced an average of forty-five
feet (45') apart. Consisting of ginko (non-fruit bearing), Japanese zekova and/or oak family
type.

I. The Building Department shall not issue a building permit until such time as the Director of
the Building Department has certified that for each prospective phase of development,
sewer capacity is sufficient to accommodate the additional sewage that would be generated
by the proposed development.

J. A street scaping plan shall be submitted to and approved by the Henry County Planning
and Zoning Department to include sidewalks, street trees, landscaping, street lighting and
street furniture.
K. Any flood plain alteration be supported by a certified engineer at the plan review stage.
L. The Applicant shall submit, to the City Clerk and City Attorney, an updated legal
description and plat, certified by an engineer or surveyor licensed in the State of Georgia,
of the Property.
M. This rezoning is subject to the property owner’s and developers execution of a
Development Agreement which will embody these conditions.

C. Original Development Agreement—This was approved by the Stockbridge City Council on
July 21, 2003. It listed thirteen (13) “Development Conditions”, but none of them pertained to
amenities. The first ten conditions were the same as the zoning conditions that were listed in
Rezoning Ordinance #03-152. In particular, Development Condition #1a reiterates that the site
plan which was submitted to Henry County Planning and Zoning was not approved by the
rezoning, but rather that the developer would need to revise the site plan. Three more
development conditions were added, which specified the following:

• That no entrance or exit would be constructed on Shields Road.
• That a 200-foot buffer would be maintained between the proposed development and Shields
Road
• That the rezoning would not apply to adjacent properties which were zoned for commercial
use.

D. First Amendment to the Development Agreement – This was approved by the
Stockbridge City Council on December 13, 2004. Article V amended the Original Development
Agreement by adding a list of required amenities. It also stated as follows: “Owner shall be
bound by the amenity representations made in its October 7, 2004 proposed site plan attached
hereto as Exhibit “A”, submitted to the City Council and on file with the City Clerk.”

City of Stockbridge, Georgia Community Development Department; October 27, 2022

The approved changes to the First Amendment included the following:
• Limited the number of townhome units to forty-one (41) from the previous forty-eight (48)
units due to the presence of floodplains and wetlands on the property.
• Specified that all building facades must consist of brick.
• Prohibited any road entrance or exit to the site off Shields Road.
• Not allowing the developer to apply for any variances to the 200-foot-wide buffer along
Shields Road.
• Added “Subparagraph N” as the fourteenth (14th) condition, which had a list of eleven (11)
requirements for amenities to be provided within the proposed development, as follows:
1. A 1,300-square foot clubhouse with a full kitchen and a fireplace.
2. Two age-specific playgrounds—a fenced “tot lot” adjacent to the clubhouse and another
playground for older children nearby.
3. A covered pavilion with a fireplace.
4. A volleyball court.
5. A sodded sports area.
6. A putting green.
7. A lighted, enclosed tennis court with two basketball goals.
8. Walking trails of at least 1,400 feet in length and three feet wide.
9. A bird sanctuary with bird feeders, bird houses, and benches.
10. A gazebo at the project entrance to serve as a school bus waiting area.
11. Compliance with a proposed site plan by the developer, Timberline Group, LLC, dated
October 7, 2004, per Exhibit ‘A’. Although a copy of the site plan was not included in the
document for the first amendment, Staff has located a separate four-page document with
a cover sheet dated October 7, 2004, followed by three pages comprising “Exhibit I” which
was later referenced and included with the Second Amendment to the Development
Agreement. Exhibit I presented a schematic site plan for “Brush Creek Park” (the site’s
amenity area) and a list of amenities comprising the “Brush Creek Commons Amenity
Package.” It also included townhome renderings and a floor plan.
• Increased the number of allowable units per building from five to six.
• Reduced the required distance between buildings from 40 feet to 20 feet.
• Allowed buffer reductions from 30 feet to 10 feet near the entrance of the property.
• Allowed individual residential garbage pickup.

E. Second Amendment to the Development Agreement—This was approved by
Stockbridge City Council on August 13, 2007. It required the compliance by the developer,
Timberline Group, LLC, with the three pages comprising Exhibit I, which included a schematic
site plan (not a detailed scaled drawing) named “Brush Creek Park”, an “Amenity Package” with
a list of required amenities, a floor plan for a six-unit townhome building, and townhome
renderings. Specifications were made on the floor plan for architectural design, including
“offsets” for bays and porches (to meeting zoning conditions) and a 10-foot front yard setback
variance “to achieve necessary Living and Dining Space.” An enlarged townhome rendering
provided “Elevations Information” and specified the use of brick, stone, hardi-siding, and hardi-
shake as exterior construction materials.

City of Stockbridge, Georgia Community Development Department; October 27, 2022

The approved changes within the Second Amendment included the following:
• Reduced the required front setbacks for buildings to 10 feet (identified as a variance).
• Eliminated the required provision of tennis courts.
• Required the provision of a soccer field in the original location of the tennis courts, and it
specified the enlargement of a second playground.
• Required types of playground facilities.
• Required floorplans and elevations, which were shown on the first two pages of Exhibit I.
• Required the developer’s compliance with the specifications of amenity types and locations,
which were listed as “Brush Creek Amenity Package” and shown on a schematic site plan
entitled “Brush Creek Park”, comprising Page 3 of Exhibit I. The specifications of the Brush
Creek Amenity Package included the following amenities:
~ A gazebo at the project entrance, which would serve as a waiting area for school bus
pickup.
~ A Sodded Sports Area adjacent to the gazebo.
~ A 1,300-square-foot Clubhouse will a full kitchen and fitness equipment.
~ A Fenced Tot Lot for ages 2-5 located adjacent to the Clubhouse.
~ Brush Creek Park, to include the following amenities:
1. Covered Pavilion with a Picnic Area and Fireplace.
2. Regulation 60’ X 30’ Beach Volleyball Court
3. Regulation 60’ X 90’ 3-on-3 Soccer Field with Goals.
4. Putting Green with multiple holes and sand trap.
5. Upgraded and enlarged, commercial quality Playground to include:
• 2-Bay, 4-Station Swing Set with Buckets and Belts.
• Climbing Station: “Monkey Bars”, Ring Climbers, Chin-up Bar, and Balance Beam.
• Free-Standing Wave Slide with 5’ Deck.
• 2 Commercial Quality Park Benches.
6. Over 1,400 feet of Walking Trail.
7. Bird Sanctuary with Feeders, Houses, and Benches for observation.

VI. MAPS AND ILLUSTRATIONS TO FOLLOW:

E. Approved Plat from Site Development Plans Dated January 25, 2005
F. Enlargement of Amenity Area from 2005 Approved Plat
G. Brush Creek Park and Amenity Package from Second Amendment to the
Development Agreement (August 13, 2007)

City of Stockbridge, Georgia Community Development Department; October 27, 2022
10

E. APPROVED PLAT FROM SITE DEVELOPMENT PLANS
DATED JANUARY 25, 2005
Site Development Plans were prepared by Land Engineering and Development (LEAD)
for Timberline Group, LLC on the basis of the Amended Development Agreement for
the Rezoning, and they were stamped for approval by Henry County Building and Plan
Review Department on behalf of the City of Stockbridge.
(Note: Site Plan from the RZ-03-04 rezoning was NOT approved.)

City of Stockbridge, Georgia Community Development Department; October 27, 2022
11

F. ENLARGEMENT OF AMENITY AREA
FROM APPROVED 2005 PLAT
(NOTE: Site Plan from the RZ-03-04 rezoning was NOT approved.)

City of Stockbridge, Georgia Community Development Department; October 27, 2022
12

G. BRUSH CREEK PARK AND AMENITY PACKAGE
FROM THE SECOND AMENDMENT
TO THE DEVELOPMENT AGREEMENT

City of Stockbridge, Georgia Community Development Department; October 27, 2022
13

VII. PROPOSED DEVELOPMENT
A. Tentative Site Plan. The applicant seeks to complete the previously-approved townhome
development by modifying the number, type, and locations of the amenities to be included.
He has submitted a proposed rendering and tentative site plan which has been prepared by
using the January 25, 2005 plat (prepared by Land Engineering and Development, LLC
(LEAD), which was previously approved by Henry County on behalf of the City of Stockbridge.
It shows the applicant’s proposed amenity changes in red.

VIII. MAPS AND ILLUSTRATIONS TO FOLLOW:

H. Proposed Rendering for ZM-2022-01
I. List of Applicant’s Requested Amenity Changes for ZM-2022-01
J. Table 1—Summary of Proposed Amenity Changes
K. Tentative Site Plan Proposal for ZM-2022-01: Full Site
L. Tentative Site Plan Proposal for ZM-2022-01: Enlargement

H. PROPOSED RENDERING FOR ZM-2022-01

City of Stockbridge, Georgia Community Development Department; October 27, 2022
14

I. LIST OF APPLICANT’S REQUESTED AMENITY CHANGES
FOR ZM-2022-01:
1. Keep the following:
• Clubhouse.
• Pavilion.
• Gazebo.
• Monument sign.

2. Remove the following:
• Soccer field.
• Volleyball court.
• Walking trail.
• Parking spaces (extras to serve the amenities to be removed).
• Three (3) wooden bridges over Brush Creek.

3. Change the following:
• Reduce the number of playgrounds from two to one by having a combined
playground rather than a separate “tot lot” and playground for older children.
• Move the putting green to a new location near the playground.
• Move the bird sanctuary to the opposite side of the creek to improve access.

4. Provide the following:
• Provide a gym and workout space inside the clubhouse.
• Provide grills and benches next to the clubhouse.
• Extend the sidewalk to interconnects to neighborhood developed commercial
spaces.
• Provide a sidewalk stubout for future interconnectivity to neighboring lots.

City of Stockbridge, Georgia Community Development Department; October 27, 2022
15

J. TABLE 1 -- SUMMARY OF PROPOSED AMENITY CHANGES

AMENITY OR FACILITY PROPOSED CHANGE FOR ZM-2022-01
Soccer Field To be removed.

Volleyball Court To be removed.

Walking Trail To be removed.

Parking Spaces To be removed.
Near Removed Amenities
Sodded Sports Area To be removed.
Wooden Bridges Over Creek To be removed.

Playground for Toddlers To be replaced by a single combined
playground.
Playground for Adolescents To be replaced by a single combined
playground.
Putting Green To be relocated near the playground.
Bird Sanctuary To be relocated on the opposite side
of the creek for better access.
Grills and Benches Next to Pavilion To be added.
Gym with Workout Space To be added inside the Clubhouse.

City of Stockbridge, Georgia Community Development Department; October 27, 2022
16

K. SITE PLAN PROPOSAL FOR ZM-2022-01:
FULL SITE

City of Stockbridge, Georgia Community Development Department; October 27, 2022
17

L. SITE PLAN PROPOSAL FOR ZM-2022-01:
ENLARGEMENT

City of Stockbridge, Georgia Community Development Department; October 27, 2022
18

B. Letter of Intent. The applicant’s Letter of Intent cites three reasons why all of the required
amenities cannot be constructed in the manner which was previously designated:

1. Costs--Certain high-maintenance amenities would be too costly for an HOA serving only
41 units, resulting in high fees to the townhome unit owners.
2. Environmental Conditions--The property’s various physical attributes make the installation
of certain amenities impossible or undesirable.
3. Locations--The designated locations of certain required amenities would be impractical.

In particular, the applicant identifies the following problems with three of the required
amenities:
• Soccer Field and Volleyball Court—Designated for a ditch location, surrounded by hills and
tall trees, which would cut off sunlight, be subject to flooding. The grass on the soccer field
would not grow properly and the volleyball court would be filled with debris.
• Walking Trail with Three Bridges—Designated for a heavily-forested floodplain location,
where the ground is often soggy and snakes may be present.

The applicant also proposes to install only one playground instead of the required two (one for
toddlers and one for adolescents), and to move the bird-watching station to a more accessible
location.

IX. ANALYSIS OF REQUEST

The last known City Council approval to take place for the subject property occurred on August
13, 2007 with the adoption of the Second Amendment to the Development Agreement, and no
development has occurred on the property since then, other than the installation of an internal
street, Brush Creek Court. The previous developer, Timberline Group, LLC, encountered
various environmental problems on the property and had several different site plans prepared,
including the February 22, 2008 site plan that was approved by Henry County (on behalf of the
City), but later apparently abandoned the project. Now, the current applicant has requested the
granting of a Major Zoning Modification to the previously approved rezoning and development
agreements for the proposed Brush Creek Commons townhome development. Specifically, he
is requesting the elimination or alteration of several of the required amenities (plus some other
changes). He has cited three reasons for doing so, as are listed below. The Planning and
Zoning Staff have analyzed the applicant’s request on the basis of the reasonableness of the
cited reasons, their suitability for the proposed development, and their effects on surrounding
properties.

1. Costs--Certain high-maintenance amenities would be too costly for an HOA serving only
41 units, resulting in high fees to the townhome unit owners.
2. Environmental Conditions--The property’s various physical attributes make the installation
of certain amenities impossible or undesirable.

City of Stockbridge, Georgia Community Development Department; October 27, 2022
19

3. Locations--The designated locations of certain required amenities would be impractical.

A. Reasonableness of Applicant’s Request. The number of amenities that were required by
the City’s previous Zoning Code for this relatively small development may be high, especially
since the City’s current Unified Development Code does not have any specific requirement in
the number of amenities to be provided within multifamily developments. Further, the reduction
in the number of units from 48 to 41 (approved by the First Amendment to the Development
Agreement) results in a smaller number of homeowners who will need to bear the HOA costs
for maintaining all of the amenities to be installed in the development. Therefore, the requested
amenity changes regarding costs are reasonable.

The subject property contains various floodplains and wetlands which comprise 5.459 acres of
“restricted use”, according to the Henry County Tax Assessors. Because of the this, the
applicant has found that the provision of certain required amenities, including the soccer field,
volleyball court, and sodded sports area, to be impossible, difficult, or impractical, resulting in
flooding, blockage of sunlight in forested aeras, and the inability of grass to grow on the soccer
field. These are physical limitations of the site, and they are reasonable hindrances to these
amenities. The elimination of some parking spaces to serve these facilities is also reasonable.

The applicant has also made minor changes in the locations of some of the required amenities
to improve their accessibility, functionability, and desirability for the homeowners of the
development. These changes seem reasonable.

B. Suitability for the Proposed Development. The granting of the applicant’s requested
changes in the number and type of amenities to be provided, as are shown by the submitted
Conceptual Site Plan, would benefit the homeowners of the proposed development by enabling
them to have reduced HOA fees due to the anticipated reduction in maintenance costs.
Although there would be fewer amenities, the applicant still proposes to provide a significant
number of them to create an attractive development. While there would be only one playground
rather the required two playgrounds, the developer would install playground facilities for both
toddlers and older children in that playground. Further, the relocation of some of the amenities
on the site to more practical locations should promote their greater attractiveness and usability
of to the homeowners.

C. Effects on Surrounding Properties and Infrastructure. Since the proposed changes to
the amenities and site plan would not involve any alterations to the proposed townhomes, site
access, utilities, or buffering, no adverse effects on surrounding properties are anticipated.

X. MAPS AND ILLUSTRATIONS TO FOLLOW:
M. Table 2--Comparison of Amenities: Required Versus Proposed
N. Table 3—Analysis of Requested Amenity and Site Plan Changes

City of Stockbridge, Georgia Community Development Department; October 27, 2022
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M. TABLE 2: COMPARISON OF AMENITIES:
REQUIRED VERSUS PROPOSED
# REQUIRED PROPOSED REQUESTED VIA
AMENITIES AMENITIES COMPARISON ZM-2022-01?

1,300 SF 1,300 SF Proposed clubhouse
1 Clubhouse, Clubhouse, would have Yes.
Fully Partially fewer furnishings.
Furnished, with Furnished, with
Exercise Exercise
Equipment Equipment
2 Covered Covered Fireplace
Pavilion pavilion (15’ X would be Yes.
with a Fireplace 20’) with no eliminated.
fireplace
3 Gazebo for Bus Gazebo for Bus Same. No.
Stop Stop
4 Sodded Sports Sodded Sports To be eliminated. No.
Area Area
5 Putting Green Putting Green Same. No.
Bird-Watching Same,
6 Bird-Watching Station, moved but in a Yes.
Station to a more different
accessible location.
location
7 Playground for None. To be replaced by a single Yes.
Toddlers playground.
8 Playground for None. To be replaced by a single Yes.
Adolescents playground.
9 Tennis Court None. Eliminated, but approved
with Basketball by Second Amendment to No.
Goals Dev. Agreement.
10 Soccer Field None. To be eliminated.* Yes.
11 Volleyball
Court None. To be eliminated.* Yes.
12 1,400 LF
Walking Trails None. To be eliminated.* Yes.
with Three
Bridges Over
Creek
13 N/A Grills Next to To be added. No.
Pavilion

* Applicant has provided reasons for these eliminations in his Letter of Intent.

City of Stockbridge, Georgia Community Development Department; October 27, 2022
21

N. TABLE 3—ANALYSIS OF REQUESTED AMENITY
AND SITE PLAN CHANGES

AMENITY PROPOSED CHANGE ACCEPTABILITY /
OR FACILITY VIA ZM-2022-01 COMMENT
Soccer Field To be removed. Acceptable due to presence
of floodplain.
Volleyball Court To be removed. Acceptable due to presence
of floodplain.
Walking Trail and To be removed. Suggest the provision of a
Bridges over Creek short path from the
Clubhouse to the creek
instead.
Parking Spaces To be removed. Acceptable. Not needed if
Near Removed removed amenities are not
Amenities present.
Tennis Court with To be removed. Acceptable due to likely
Basketball Goals flooding otherwise.
Sodded Sports Area To be removed. Acceptable due to likely
flooding.
Wooden Bridges Over To be removed. Acceptable due to
Creek high costs.

Playground for To be replaced by a Acceptable since toddler and
Toddlers single playground. adolescent facilities would
be provided in one
playground.
Playground for To be replaced by a Acceptable since toddler and
Adolescents single playground. adolescent facilities would
be provided in one
playground.
Bird Sanctuary To be relocated for Acceptable.
better access.
Sidewalk Extension To be provided in Acceptable. Would facilitate
and Interconnection southwest area access to nearby
of site. businesses.
Sidewalk Stubout To be provided near Acceptable.
Clubhouse.
Grills Next to Pavilion To be added. Acceptable and desirable.

City of Stockbridge, Georgia Community Development Department; October 27, 2022
22

D. Basis of Comparison. In order to properly evaluate the applicant’s request, a comparison
needs to be made between the last site plan that was officially approved by the City of
Stockbridge and a new site plan which has been prepared and proposed by the applicant. It is
not clear as to which site plan should be used as the basis of evaluation, due to the following:

a. October 7, 2004 Site Plan – This site plan was approved per the Amended Development
Agreement, dated August 13, 2007, but it is only a schematic drawing rather than a detailed,
scaled site plan.
b. January 25, 2005 Site Plan – This site plan was stamped for approval by Henry County Plan
Review on behalf of the City, but other revisions were later made.
c. February 22, 2008 Site Plan – This site plan was mentioned as being approved in a letter
from the City to the County, dated March 10, 2008, but it has not been located.

E. Applicant’s Tentative Site Plan – Per the recommendation of the Planning and Zoning
Staff, the applicant has submitted a tentative site plan by using the January 25, 2005
previously-approved site plan as a base, on which he has shown his proposed amenity
changes in red. Yet, there remain two issues with this:

a. The applicant has not submitted a clean, proposed new site plan showing the amenities
which he plans to provide.
b. If the February 22, 2008 site plan is later located, the City may require that the applicant
submits a new site plan by using the February 22, 2008 site plan as a base.

XI. STAFF RECOMMENDATION
This Staff Report has demonstrated that the applicant’s proposed amenity and site plan
changes would be acceptable. The Staff recommends APPROVAL WITH CONDITIONS of
this zoning modification request, with the following four zoning conditions:

1. The applicant shall prepare a clean, final site plan by using the previously-approved plat,
dated January 25, 2005 (as part of the Site Development Plans that were prepared for
Timberline Group, LLC by Land Engineering and Development) as a base, and showing all
of the currently-proposed amenities.

2. The Planning and Zoning Staff shall review the accuracy of the new site plan, and upon its
approval, the developer shall be bound by it.

3. No other substantial changes in the number, type, or location of amenities or other facilities
shall be allowed.

4. The developer shall comply with all other requirements of the approved rezoning case (RZ-
03-04 via Rezoning Ordinance No. 03-152, which included the required compliance with
the specifications of the RM-2 zoning district), the original Development Agreement, the
first amendment to the Development Agreement (dated December 13, 2004), and the
Second Amendment to the Development Agreement (dated August 13, 2007).

City of Stockbridge, Georgia Community Development Department; October 27, 2022
PRESENTATION FOR
ZONING MODIFICATION
CASE #ZM-2022-01
For Property At Brush Creek
Court and Shields Road
(Parcel #S07-01006005)

Presented To:
Planning Commission—10/27/27
Mayor & City Council—11/14/22
By:
City of Stockbridge Community Development
Department, Planning and Zoning Division
Prepared by Linda Logan, Senior Planner
AERIAL PHOTO OF THE SITE
BOUNDARY SURVEY
INTRODUCTION
Purpose -- Consider a request for a Zoning Modification to allow amenity and site plan changes to a
rezoning and Development Agreement that were made with a previous developer for the proposed
“Brush Creek Commons” townhome development. In particular, the applicant proposes changes in
the number, type, and locations of the amenities. This would require changes to the approved
Development Conditions.
Previous Rezoning--Property was rezoned on July 14, 2003 via Case #RZ-03-04, from R-2 (Single-
Family Residential) to RM-2 (Residential Multifamily--Townhomes). Original developer installed
Brush Creek Court, but did not construct any buildings.
Development Agreement Plus Two Amendments—Rezoning included a Development Agreement,
followed by two amendments. Altogether, they included fourteen (14) Development Conditions.
Subparagraph #N of the First Amendment listed the specific amenities which the developer was
required to provide. The development was to contain a maximum of forty-one (41) townhome units.
Property Location–Located on both sides of Brush Creek Court, access off North Henry Boulevard,
between a QuikTrip station and a Waffle House Restaurant. Shields Road forms the rear boundary.
Property Conditions—Property has 18.895 +/- acres, but 5.459 acres are floodplains and wetlands.
The applicant cites this as being one of the reasons why some of the required amenities cannot be
installed. Other reasons include anticipated high HOA maintenance costs and impractical locations.
Granting of Applicant’s Request--Developer would still be required to comply with the remaining
zoning conditions of the approved rezoning and development agreements.
BACKGROUND DATA
VICINITY ZONING MAP
Legend:
• Gold (subject property)—MFR (Multiple Family Residential District)
• Red—C-3 (Heavy Commercial District)
• Orange—MHR (Mobile Home Residential District)
• Medium Pink—C-2 (General Commercial District)
• Yellow—SR (Suburban Residential) District)
ZONING AND DEVELOPMENT HISTORY—Page One
A. Overview:
1. Previous Rezoning and Original Development Agreement–Property was rezoned in 2003
from R-2 (Single-Family Residential) to RM-2 (Residential Multifamily for Townhomes) with
twelve (12) conditions (none for amenities), and a Development Agreement with a list of
Development Conditions was adopted.
2. First Amendment to Development Agreement—Adopted in 2004. Included a list of required
amenities under Subparagraph ‘N’, based on an adopted schematic site plan dated
October 7, 2004.
3. Second Amendment to Development Agreement—Adopted in 2007. Made a few other
changes.
4. Site Development Plans, Dated January 25, 2005—Approved by Henry County on behalf of
the City. Included a detailed “Preliminary Plat” showing 41 proposed townhomes and
amenities.
5. February 22, 2008 Site Plan—Letter from the City dated March 10, 2008, indicated the
approval of a revised site plan with amenity changes, which may have been used to issue
a land disturbance permit to install the road. However, that site plan has not been located,
and cannot be used by the current applicant to show his proposed changes.
B. Rezoning Case #RZ-03-04--Application was filed with Henry County by Royce Grant.
Developer, Timberline Group, LLC, originally proposed to build 75 townhome units, then
reduced it to 48 units. Developer agreed to provide all amenities which the RM-2 district
required, plus paved alleyways and a 200-foot-wide buffer along Shields Road. Rezoning
was approved by the City in 2003 with twelve (12) conditions, but none were for amenities.
APPOVED ZONING CONDITIONS PER RZ-03-04, EXHIBIT “C”
(July 14, 2003), PARAPHRASED
A. Site Plan—Must be revised to meet all RM-2 zoning requirements. (Rezoning did not approve the applicant’s site plan.)
B. Maximum Building Height—Must be shown on the site plan.
C. Facades--All townhouses must have a mixture of covered entryways, porches, bay windows, and balconies.
D. Elevation Drawings—Must be submitted to Planning and Zoning for approval.
E. Individual Elevations--Each unit elevation per building must be separate and distinct from the other, with variations in rooflines.
F. Exterior Variations--Each unit must have a different them from adjacent units. No vinyl siding is allowed.
G. Street Trees—Required between the sidewalk and front property lines, spaced 45 feet apart.
H. Sewer Capacity—Must be sufficient for each phase of development before any permits are issued.
I. Streetscaping Plan—Must be approved by Planning and Zoning.
J. Flood Plan Alterations—Must be approved by a certified engineer at the plan review stage.
K. Updated Legal Description and Plat—Must be submitted and certified by a licensed engineer or surveyor.
L. Development Agreement—The rezoning was subject to the preparation of a Development Agreement to embody these conditions.
ZONING AND DEVELOPMENT HISTORY—Page Two
C. Original Development Agreement:
1. Was approved by Stockbridge City Council in 2003. It listed thirteen (13) “Development Conditions”, but
none of them were for amenities. Ten conditions were the same as for the rezoning case.
2. Development Condition #1a stated that the site plan which was submitted to Henry County Planning and
Zoning was not approved by the rezoning, but rather that the developer would need to revise the site plan.
3. Three more development conditions were added: a) no entrance or exit on Shields Road; b) required 200
-foot-wide buffer at Shields Road; c) no commercial parcels were included.

D. First Amendment to the Development Agreement–Approved by City Council in 2004.
1. Added a list of required amenities.
2. Required the property owner to provide the amenities that were shown on the October 7, 2004 site plan,
comprising Exhibit “A.”
3. Approved changes included the following:
a. Reduced the maximum number of townhome units from 48 to 41 due to the floodplains.
b. Specified that all building facades must consist of brick.
c. Prohibited site access via Shields Road.
d. Prohibited the developer from seeking variances to the required 200-foot-wide buffer along Shields Road.
4. Increased the number of allowable units per building from five to six.
5. Reduced the required distance between buildings from 40 feet to 20 feet.
6. Allowed buffer reductions from 30 feet to 10 feet near the entrance of the property.
7. Allowed individual residential garbage pickup.
8. Added “Subparagraph N” as the fourteenth (14th) condition, which included eleven (11) required amenities.
ZONING AND DEVELOPMENT HISTORY—Page Three

Amenities Required by Subparagraph “N” of the First Amendment to the Development Agreement:
1. A 1,300-square foot clubhouse with a full kitchen and a fireplace.
2. Two age-specific playgrounds—a fenced “tot lot” adjacent to the clubhouse and another
playground for older children nearby.
3. A covered pavilion with a fireplace.
4 A volleyball court.
5. A sodded sports area.
6. A putting green.
7. A lighted, enclosed tennis court with two basketball goals.
8. Walking trails of at least 1,400 feet in length and three feet wide.
9. A bird sanctuary with bird feeders, bird houses, and benches.
10. A gazebo at the project entrance to serve as a school bus waiting area.
11. Compliance with a site plan dated October 7, 2004, which included:
a. Schematic site plan for “Brush Creek Park” (the site’s amenity area).
b. A list of amenities comprising the “Brush Creek Commons Amenity Package.”
c. Floor plan.
d. Townhome renderings.
ZONING AND DEVELOPMENT HISTORY—Page Four
E. Second Amendment to the Development Agreement—This was approved on August 13, 2007. It
required compliance by the developer, Timberline Group, LLC, with Exhibit I, which included:
1. “Brush Creek Park”— A schematic rather than detailed site plan.
2. An “Amenity Package” with a list of required amenities.
3. A floor plan for a six-unit townhome building, showing “offsets” for bays and porches to meet
zoning conditions, and a 10-foot front yard setback variance “to achieve necessary Living and
Dining space.”
4. Townhome renderings, which showed elevations and specified the use of brick, stone, hardi-
siding, and hardi-shake as exterior construction materials.
5. Approved changes within the Second Amendment:
a. Front Setbacks—Reduced to 10 feet, per an approved variance.
b. Tennis Courts—Eliminated their required provision.
c. Soccer Field--Required their provision in place of the tennis courts.
d. Second Playground--Specified its enlargement.
e. Types of Required Playground Facilities—Specified.
f. Floorplains and elevations—Specified and shown on Exhibit I.
g. “Brush Creek Amenity Package” and “Brush Creek Park”—Required the developer’s
compliance with a list of amenities, which were shon, as was shown on Exhibit I.
ZONING AND DEVELOPMENT HISTORY—Page Five
Brush Creek Amenity Package--Required the following amenities:
~ A gazebo at the project entrance, which would serve as a waiting area for school bus pickup.
~ A Sodded Sports Area adjacent to the gazebo.
~ A 1,300-square-foot Clubhouse will a full kitchen and fitness equipment.
~ A Fenced Tot Lot for ages 2-5 located adjacent to the Clubhouse.
~ Brush Creek Park, to include the following amenities:
1. Covered Pavilion with a Picnic Area and Fireplace.
2. Regulation 60’ X 30’ Beach Volleyball Court.
3. Regulation 60’ X 90’ 3-on-3 Soccer Field with Goals.
4. Putting Green with multiple holes and sand trap.
5. Upgraded and enlarged, commercial quality Playground to include:
a. 2-Bay, 4-Station Swing Set with Buckets and Belts.
b. Climbing Station: “Monkey Bars”, Ring Climbers, Chin-up Bar, and Balance Beam.
c. Free-Standing Wave Slide with 5’ Deck.
d. 2 Commercial Quality Park Benches.
6. Over 1,400 feet of Walking Trail.
7. Bird Sanctuary with Feeders, Houses, and Benches for observation.
APPROVED PLAT FROM DEVELOPMENT PLANS DATED JANUARY 25, 2005
Site Development Plans were prepared by Land Engineering and Development (LEAD) for Timberline Group, LLC on the basis of the Amended
Development Agreement for the Rezoning, and they were stamped for approval by Henry County Building and Plan Review Department
On behalf of the City of Stockbridge. (Note: Site Plan from the RZ-03-04 rezoning was NOT approved.)
ENLARGEMENT OF AMENITY AREA FROM APPROVED 2005 PLAT
(NOTE: SITE PLAN FROM RZ-03-04 REZONING WAS NOT APPROVED.)
BRUSH CREEK PARK AND AMENITY PACKAGE
FROM THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT
PROPOSED DEVELOPMENT
A. Tentative Site Plan:
~ Modifies the number, type, and locations of the amenities to be included.
~ Uses as a base the plat from the January 25, 2005 set of development plans, which were
approved by Henry County on behalf of the City of Stockbridge.
B. Applicant’s Letter of Intent:
1. Cites three reasons why all required amenities cannot be constructed as was specified:
a. Costs-- Certain high-maintenance amenities would be too costly for an HOA serving only 41
units, resulting in high fees to the townhome unit owners.
b. Environmental Conditions -- The property’s various physical attributes make the installation
of certain amenities impossible or undesirable.
c. Locations -- The designated locations of certain required amenities would be impractical.

2. Particular Problems:
a. Soccer Field and Volleyball Court — Ditch location subject to flooding; poor grass growth due
to insufficient sunlight.
b. Walking Trail with Three Bridges — In a floodplain area; soggy ground sometimes.
soggy.
3. Other Changes – One one playground instead of the required two (one for toddlers
and one for adolescents); relocation of bird-watching station to a more accessible location.
PROPOSED RENDERING
LIST OF APPLICANT’S REQUESTED AMENITY CHANGES FOR ZM-2022-01
TABLE 1 -- SUMMARY OF PROPOSED AMENITY CHANGES
SITE PLAN PROPOSAL FOR ZM-2022-01: FULL SITE
SITE PLAN PROPOSAL FOR ZM-2022-01: ENLARGEMENT
ANALYSIS OF REQUEST – Page One
A. Reasonableness of Applicant’s Request:
1) Costs – An excessive number of required amenities for a small development with just 41 units,
resulting in high HOA costs per homeowner. Therefore, the requested amenity changes
regarding costs are reasonable.
2) Environmental Conditions – Presence of floodplains and wetlands (5.459 acres of “restricted
use”) for a soccer field, volleyball court, and sodded sports area would be prohibitive, causing
flooding, blockage of sunlight in forested areas, and poor grass growth on the soccer field.
These are physical limitations of the site, and they are reasonable hindrances to these
amenities. The elimination of some parking spaces to serve these facilities is also reasonable.
3) Relocation of Certain Amenities – Applicant proposes minor changes in locations for certain
required amenities to improve their accessibility, functionability, and desirability for the home-
owners. These changes seem reasonable.
B. Suitability of Site for Proposed Development:
1) Fewer amenities would reduce HOA costs for homeowners.
2) There would still be sufficient amenities to create an attractive development.
3) Although just one playground, would include amenities for children of all ages.
4) Relocation of some amenities would be more practical and usable for homeowners.
C. Effects on Surrounding Property and Infrastructure -- Since the proposed changes to the amenities and
site plan would not involve any alterations to the proposed townhomes, site access, utilities, or
buffering, no adverse effects on surrounding properties are anticipated.
TABLE 2: COMPARISON OF AMENITIES: REQUIRED VERSUS PROPOSED
TABLE 3—ANALYSIS OF REQUESTED AMENITY AND SITE PLAN CHANGES
STAFF CONCLUSION AND RECOMMENDATION

CONCLUSION--The applicant’s proposed amenity and site plan changes would be acceptable.

RECOMMENDATION -- The Staff recommends APPROVAL WITH CONDITIONS of this zoning modification
request, with the following FOUR ZONING CONDITIONS:
1. The applicant shall prepare a clean, final site plan by using the previously-approved plat, dated January 25,
2005 (as part of the Site Development Plans that were prepared for Timberline Group, LLC by Land
Engineering and Development) as a base, and showing all of the currently-proposed amenities.
2. The Planning and Zoning Staff shall review the accuracy of the new site plan, and upon its approval, the
developer shall be bound by it.
3. No other substantial changes in the number, type, or location of amenities or other facilities shall be
allowed.
4. The developer shall comply with all other requirements of the approved rezoning case (RZ-03-04 via
Rezoning Ordinance No. 03-152, which included the required compliance with the specifications of the RM-2
zoning district), the original Development Agreement, the first amendment to the Development Agreement
(dated December 13, 2004), and the Second Amendment to the Development Agreement (dated August 13,
2007).
BASE PLAN APPROVED IN 2005.

BLUE AND RED MARKS SHOW
PROPSED CHANGES TO
AMENITIES MARKED ON
2022-11-07 AS APPLIED FOR ON
ZM-2022-01.
TIMBERLINE PREPARED THE
BASE PLAN APPROVED IN 2005.
NEW OWNER PIVOTAL
ENTERPRISES, LLC PREPARED
THE OVERLAYED DRAWINGS
HERE.

ZM-2022-01 PROPOSED AMENITY CHANGES --11/07/22
TIMBERLINE PREPARED THE
BASE PLAN APPROVED IN 2005.
NEW OWNER PIVOTAL
ENTERPRISES, LLC PREPARED
THE OVERLAYED DRAWINGS
HERE.

AMENITIES:
- 1300 SQFT CLUB HOUSE NEXT TO LOT 24 (CLUSTER
MAILBOX ADDED HERE) 4 ft
- PAVILLION NEXT TO LOT 1 (WITH GRILL AND BENCHES) R
- COMBINED SINGLE PLAYGROUND FOR MULTIPLE AGES CA TS
5 PO
NEXT TO PAVILLION. S
- GAZEBO -
UB SE
- 3000 SQFT SODDED OPEN SPACE CL OU
- MONUMENT SIGN A H
AR IO
PAVILLION E VILL
PA CLUSTER MAILBOX
30 4 ft
SP 0
OR SO 0 S PL
TS DD QF AYG
AR ED T RO

EA UN

15
ft

ZM-2022-01 PROPOSED SITE PLAN --11/07/22
SEILER & ASSOCIATES, INC.
PROFESSIONAL SURVEYORS

November 7, 2022

City of Stockbridge
Planning and Zoning Division
Community Development Department
Municipal Court Building
4602 North Henry Boulevard
Stockbridge, Ga 30281

Re: Brush Creek Commons
Stockbridge, Georgia
Final Subdivision Plat via: e-mail

To whom it may concern.

It is my understanding there have been some questions raised about the extent of surveying field
work and existing condition location reflected on our Final Subdivision Plat for the subject
property. Please allow me to address these questions.

Seiler & Associates, Inc. was engaged by Pivotal Enterprises, LLC. to provide comprehensive
surveying services to support our client’s objective of subdividing the subject property.

As part of this engagement, Seiler & Associates, Inc. has undertaken the following tasks:

• Performed search of public records to obtain deeds, plats and plans relating to the subject
property and surrounding properties.

• Established a new survey field control network surrounding the perimeter of the property.

• Field located existing property corner monuments along the perimeter of the subject
property. This information was then evaluated and verified by a Georgia Licensed Surveyor
in conjunction with the subject property deeds and surrounding adjoiner deeds.

• Field location of existing conditions, within and surrounding the subject property, including
streets, utilities, drives and fences.

• Field location of the previously constructed curb and pavement for the new interior street
to be dedicated to the City of Stockbridge.

• Field as-builts of previously installed water facilities within the subject property, including
water meters, valves and fire hydrants.

• Field as-builts of previously installed sewer facilities within the subject property, such as
manholes and sewer cleanouts.

• Field as-builts of previously installed storm drainage structures within the subject property,
such as catch basins, inlets, junction boxes, and one water quality structure.

124 ANDREW DR. STOCKBRIDGE, GA 30281
678-565-9200 (PHONE) 678-565-9621 (FAX)
LTR-20-22-500 (11-7-22)
Page 2 of 2

• Preparation of one (1) Final Subdivision Plat for submittal to City of Stockbridge. This work
included depicting the field verified boundary information and plotting of existing conditions
within and surrounding the property, along with depicting the proposed lots, required
easements, setbacks, and buffers. Our work also included field setting of all property corner
pins for the proposed lots shown on the Subdivision Plat.

• Preparation of Sewer and Water As-built drawings for submittal to the City of Stockbridge
and/or The Henry County Water Authority.

• Preparation of Storm Structure As-built drawings for submittal to the City of Stockbridge.

All field and office work has been performed under the direct supervision of a Georgia Licensed
Professional Land Surveyor, as certified to on the Final Subdivision Plat and various As-built
drawings.

I hope this answers your questions concerning the extent of field work and existing conditions
location that went into our preparation of the Final Subdivision Plat. If you have any additional
questions or if I can be of further assistance, please let me know.

Respectfully submitted,

Seiler & Associates, Inc.

Keith R. Seiler, GA RLS #2388
President

124 ANDREW DR. STOCKBRIDGE, GA 30281
678-565-9200 (PHONE) 678-565-9621 (FAX)
AERIAL PHOTOGRAPH OF PARCEL #S07-01006005
FOR THE PROPOSED “BRUSH CREEK COMMONS” TOWNHOME DEVELOPMENT
PROFESSIONAL SURVEYORS 124 ANDREW DRIVE • STOCKBRIDGE • GA 30281 • 678-565-9200 • LSF #390
SSMH
SSMH (OUTSIDE DROP)

FIND US ON THE WEB AT WWW.SEILERASSOC.COM
TOP= 789.00
BRUSH CREEK CT TOP= 789.78
N SSMH IN(N)= 781.90
IN= 775.58
HE TOP= 790.91 IN(S-HIGH)= 781.88
OUT= 775.50
TABLE= 776.76
NR IN= 782.79
OUT= 782.63
IN(S-LOW)= 777.18
Y TABLE= 783.03
IN(W)= 776.68
SSMH
BL OUT= 776.56
TABLE= 777.84 TOP= 788.47
VD IN(N)= 782.19 SSMH (INSIDE DROP)
IN(NW)= 775.05 TOP= 791.21
OUT= 775.03 IN(N-HIGH)= 786.23
TABLE= 776.39
SUBJECT IN(N-LOW)= 777.13
IN(NE)= 787.35
PARCEL OUT= 777.01
TABLE= 777.89

SSMH
TOP= 787.88 SSMH
SSMH
IN= 778.64 TOP= 792.21
TOP= 788.51
OUT= 778.60 IN(NE)= 775.33 GRID NORTH
IN= 778.35
TABLE= 779.80 IN(W)= 774.03
OUT= 778.11 NAD 83 (2011)
TABLE= 779.53 OUT= 774.01
TABLE= 775.35 GA WEST ZONE

SSMH (OUTSIDE DROP)
TOP= 789.64
VICINITY MAP EX.SSMH
(OUTSIDE DROP)
IN(N-HIGH)= 781.12
IN(N-LOW)= 774.26
NOT TO SCALE TOP= 795.11
IN(W)= 772.44
OUT= 772.38
IN(S-HIGH)= 790.11 TABLE= 773.62
IN(S-LOW)= 783.79
IN(E)= 784.41
OUT= 783.67
TABLE= 784.35

SH
SSMH
SSMH A TOP= 794.70 SSMH C

SANITARY SEWER & WATER LINE

BRUSH CREEK COMMONS
TOP= 795.99 IN= 784.46 TOP= 792.44 SSMH D SSMH
IE
IN(SW)= 784.61 OUT= 784.30 IN= 786.14 TOP= 792.27 TOP= 785.63
IN(E)= 784.71 TABLE= 785.36

CITY OF STOCKBRIDGE,
OUT= 784.96 IN= 786.73 IN= 773.33
OUT= 784.67 TABLE= 787.36 OUT= 786.49
DS
OUT= 773.35
TABLE= 785.37 TABLE= 787.69 TABLE= 774.77

RO
AD

AS BUILT RECORD DRAWINGS
SSMH G
TOP= 796.24
IN(SE)= 792.54
IN(S)= 792.12
60
OUT= 791.74
TABLE= 792.70 'R

(HENRY COUNTY), GEORGIA
SSMH B
TOP= 805.35 SSMH
INACCESSIBLE TOP= 778.09

FOR
SSMH F IN= 765.83
SSMH E
TOP= 803.96 OUT= 765.77
TOP= 799.23
IN(SW)= 798.92 TABLE= 767.01
IN(W)= 791.62
IN(S)= 798.94 IN(E)= 791.42
OUT= 798.70 OUT= 791.46
TABLE= 799.46 TABLE= 792.08

SSMH D
TOP= 817.40
IN(S)= 806.02
IN(SSE)= 808.44
IN(SE)= 807.08
OUT= 805.10
TABLE= 805.62
SSMH (OUTSIDE DROP)
TOP= 820.76
IN(S-HIGH)= 811.98
IN(S-LOW)= 807.62
OUT= 806.58
TABLE= 807.22 SSMH
TOP= 773.46 8-10-21
) IN= 765.08
R/ OUT= 764.54
W TABLE= 765.14
CT
CR
EE
US
BR

SURVEYOR'S REFERENCES SURVEYOR'S NOTES
1. FINAL PLAT FOR BRUSH CREEK COMMONS PREPARED BY POINT TO POINT 1. A TOPCON DS 105 (ROBOTIC TOTAL STATION), TOPCON TRAVERSING EQUIPMENT,
LAND SURVEYORS DATED JANUARY 29, 2018. A 200 FOOT TAPE, AND SPECTRA PRECISION SP80 VRS GPS EQUIPMENT WERE USED
2. APPROVED SITE DEVELOPMENT PLANS FOR BRUSH CREEK COMMONS BY TO OBTAIN THE ANGULAR AND LINEAR MEASUREMENTS FOR THIS SURVEY.
LAND ENGINEERING AND DEVELOPMENT DATED JANUARY 25, 2005 (LAST
REVISED 3-17-06). 2. THE FIELD DATA UPON WHICH THIS PLAT IS BASED DID NOT FORM A CLOSED
FIGURE, THEREFORE NO CLOSURE INFORMATION IS REPORTED.

3. NO N.G.S. MONUMENT WAS FOUND WITHIN 500 FEET OF ANY POINT ON THE
SUBJECT PROPERTY.

4. THE SOURCE OF VERTICAL DATUM IS EGPS VRS CORS NETWORK.

5. THE HORIZONTAL DATUM IS THE NORTH AMERICAN DATUM OF 1983 READJUSTED
IN 2011 (NAD83 (2011)). THE VERTICAL DATUM IS THE NORTH AMERICAN VERTICAL
DATUM OF 1988 (NAVD88).

6. THE FIRM OF SEILER & ASSOCIATES, INC DOES NOT CERTIFY TO THE
NO CORRECTNESS OR ACCURACY OF THE UNDERGROUND UTILITIES SHOWN OR NOT

RT SHOWN HEREON. CONTACT THE UTILITY PROTECTION CENTER (800-282-7411) PRIOR
TO ANY DIGGING.
HE 60' 0 60' 120' 180' 240'
7. THE FIRM OF SEILER & ASSOCIATES, INC. DOES NOT CERTIFY TO THE EXISTENCE
S N OR NONEXISTENCE OF FITTINGS, COUPLINGS, THRUST BLOCKS, COMPACTION, PIPE
(R .R. RY GRAPHIC SCALE: 1" = 60' BEDDING, OR OTHER MATTERS NOT TYPICALLY REVEALED BY AN ABOVE GROUND
/W 42 P FIELD SURVEY.

VA /13 ARK
RI 8 W FLOOD NOTE:
Seiler & Associates, Inc. Copyright 2021
ES AY ACCORDING TO FEMA F.I.R.M. PANEL NUMBER: 1351C0086D EFFECTIVE DATE:

) OCTOBER 6, 2016 AND BY GRAPHIC PLOTTING ONLY, (NO) PORTION(S) OF THIS
PROPERTY LIE WITHIN A SPECIAL FLOOD HAZARD AREA ZONE AE OF THE FLOOD
INSURANCE RATE MAP FOR HENRY COUNTY, GA.
PROFESSIONAL SURVEYORS 124 ANDREW DRIVE • STOCKBRIDGE • GA 30281 • 678-565-9200 • LSF #390
FIND US ON THE WEB AT WWW.SEILERASSOC.COM
BRUSH CREEK CT
HE
NR
BL
VD

SUBJECT
PARCEL

GRID NORTH
NAD 83 (2011)
GA WEST ZONE

DWHW 1

VICINITY MAP INV= 790.23

NOT TO SCALE

DWHW 19
INV= 782.69
JB 4
TOP= 801.49
IN= 791.77

SH
OUT= 791.13

BRUSH CREEK COMMONS
LD

STORM SEWER
IE
DWHW 3 JB 5

CITY OF STOCKBRIDGE,
INV= 791.72 TOP= 803.77
IN= 792.81
OUT= 792.67 S
DWHW 20

RO
INV= 784.27 JB 6-A DWCB 18
TOP= 803.80 TOP= 795.24 JB 17
IN= 795.92 OUT= 782.88 TOP= 797.07

AD
OUT= 794.44 C/L= 783.35 (APPROX.)
YI 6 FULL OF DEBRIS
TOP= 802.19

AS BUILT RECORD DRAWINGS
IN(E)= 793.65
IN(S)= 792.79
OUT= 793.47
DWCB 13
TOP= 803.45 60
IN= 798.13 DWHW 15
OUT= 797.83 INV= 780.45

(HENRY COUNTY), GEORGIA
JB 16

FOR
TOP= 793.88
IN(NW)= 781.22
DWCB 14 IN(SW)= 781.40
TOP= 803.70 OUT= 781.24
OUT= 798.34

JB 8
TOP= 809.91
IN(SW)= 800.29 JB 7
IN(SE)= 801.09 TOP= 806.04
OUT= 800.07 IN= 795.76
OUT= 795.78

DWHW 12 D
INV= 803.74

SWCB 9
TOP= 817.83
IN= 809.93
OUT= 809.45

SSMH SWCB 10
TOP= 830.42
8-10-21
) TOP= 817.47
IN= 824.28 R/ IN= 810.39
OUT= 824.18 W OUT= 810.31
TABLE= 824.86 0'
CT
CR
EE
US
BR

SURVEYOR'S REFERENCES SURVEYOR'S NOTES
1. FINAL PLAT FOR BRUSH CREEK COMMONS PREPARED BY POINT TO POINT 1. A TOPCON DS 105 (ROBOTIC TOTAL STATION), TOPCON TRAVERSING EQUIPMENT,
LAND SURVEYORS DATED JANUARY 29, 2018. A 200 FOOT TAPE, AND SPECTRA PRECISION SP80 VRS GPS EQUIPMENT WERE USED
2. APPROVED SITE DEVELOPMENT PLANS FOR BRUSH CREEK COMMONS BY TO OBTAIN THE ANGULAR AND LINEAR MEASUREMENTS FOR THIS SURVEY.
LAND ENGINEERING AND DEVELOPMENT DATED JANUARY 25, 2005 (LAST
REVISED 3-17-06). 2. THE FIELD DATA UPON WHICH THIS PLAT IS BASED DID NOT FORM A CLOSED
FIGURE, THEREFORE NO CLOSURE INFORMATION IS REPORTED.

3. NO N.G.S. MONUMENT WAS FOUND WITHIN 500 FEET OF ANY POINT ON THE
SUBJECT PROPERTY.

JB 11 4. THE SOURCE OF VERTICAL DATUM IS EGPS VRS CORS NETWORK.
TOP= 828.77
SWCB IN(SE)= 820.98
TOP= 834.84 IN(SW)= 816.55 5. THE HORIZONTAL DATUM IS THE NORTH AMERICAN DATUM OF 1983 READJUSTED
IN= 831.06 OUT= 816.13 IN 2011 (NAD83 (2011)). THE VERTICAL DATUM IS THE NORTH AMERICAN VERTICAL
OUT= 831.06 DATUM OF 1988 (NAVD88).

6. THE FIRM OF SEILER & ASSOCIATES, INC DOES NOT CERTIFY TO THE
NO CORRECTNESS OR ACCURACY OF THE UNDERGROUND UTILITIES SHOWN OR NOT

RT SHOWN HEREON. CONTACT THE UTILITY PROTECTION CENTER (800-282-7411) PRIOR
TO ANY DIGGING.
HE SWCB
TOP= 835.02
60' 0 60' 120' 180' 240'
7. THE FIRM OF SEILER & ASSOCIATES, INC. DOES NOT CERTIFY TO THE EXISTENCE
S N OR NONEXISTENCE OF FITTINGS, COUPLINGS, THRUST BLOCKS, COMPACTION, PIPE
(R .R. RY
IN= 825.18
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INSURANCE RATE MAP FOR HENRY COUNTY, GA.
Page 49
ZONING CONDITIONS FROM APPROVED DEVELOPMENT AGREEMENT (12/13/04)
 Award Letter

October 13, 2022

Dear Frank Trammer,

On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Community Oriented Policing Services (the COPS Office) has approved the application
submitted by CITY MANAGER for an award under the funding opportunity entitled 2022 FY22 Law Enforcement Mental Health and Wellness Act (LEMHWA) Implementation
Projects. The approved award amount is $175,000.

Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award
Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also
includes any Other Award Documents.

Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to
conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters
(e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by the
COPS Office, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.

Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the
award and/or a requirement to repay award funds.

Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System
(JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the
award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by
executing the required declaration and certification, within 45 days from the award date.

To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP.
The Entity Administrator should have already received an email from ASAP to initiate this process.

Congratulations, and we look forward to working with you.

ROBERT CHAPMAN
Acting Director

Office for Civil Rights Notice for All Recipients

The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of
federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged
in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require
recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial
assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the
Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review
of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see
https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.

Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts
limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the
Department are providing services in a non­discriminatory manner to their service population or have employment practices that meet equal-opportunity standards.

If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is
part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal
Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR
Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5).

The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist
you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at
askOCR@ojp.usdoj.gov.

 Award Information

This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Recipient Information

Recipient Name
CITY MANAGER
UEI ORI Number
JJMXMJNATK49 ——

Street 1 Street 2
4640 N HENRY BLVD

City State/U.S. Territory
STOCKBRIDGE Georgia

Zip/Postal Code Country
30281 United States

County/Parish Province

Award Details

Federal Award Date Award Type
10/13/22 Initial

Award Number Supplement Number
15JCOPS-22-GG-04055-LEMH 00

Federal Award Amount Funding Instrument Type
$175,000.00 Grant

Assistance Listing Number Assistance Listings Program Title

16.710 Public Safety Partnership and Community Policing Grants

Statutory Authority

The Public Safety Partnership and Community Policing Act of 1994, 34 U.S.C. § 10381 et seq

I have read and understand the information presented in this section of the Federal Award Instrument.

 Project Information

This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Solicitation Title Awarding Agency
2022 FY22 Law Enforcement Mental Health and Wellness Act (LEMHWA) COPS
Implementation Projects

Application Number
GRANT13604012

Grant Manager Name Phone Number E-mail Address
Latoshia.Austin@usdoj.gov
LATOSHIA AUSTIN 202-598-1548

Project Title
FY22 Stockbridge Police Department, GA, LEMHWA Project Grant

Performance Period Start Date Performance Period End Date
09/01/2022 08/31/2024

Budget Period Start Date Budget Period End Date
09/01/2022 08/31/2024

Project Description

The Stockbridge Police Department LEMHWA Implementation project is being funded to
implement a comprehensive mental health and wellness plan for SPD officers, which will consist of

annual psychological wellness checks, family support, Peer Support, and training.

I have read and understand the information presented in this section of the Federal Award Instrument.

 Financial Information

This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

A financial analysis of budgeted costs has been completed. All costs listed in the approved budget below were programmatically approved based on the final proposed detailed budget
and budget narratives submitted by your agency to the COPS Office. Any adjustments or edits to the proposed budget are explained below.

Budget Clearance Date: 9/26/22 3:38 PM

Comments

Your proposed budget included items that were deemed unallowable. The disallowed costs were moved to the “Other Costs” category so that the funding would be available
for other allowable budget items. Before drawing down funds in the “Other Costs” budget category, the recipient must contact the COPS Office Program Manager to reallocate
funding for approved project costs.

Budget Category Proposed Budget Change Approved Budget Percentages

Sworn Officer Positions $0.00 $0.00 $0.00

Civilian or Non-Sworn Personnel $0.00 $0.00 $0.00

Travel $22,700.00 $0.00 $22,700.00

Equipment $0.00 $0.00 $0.00

Supplies $24,610.00 -$3,600.00 $21,010.00

SubAwards $0.00 $0.00 $0.00

Procurement Contracts $111,840.00 $0.00 $111,840.00

Other Costs $0.00 $3,600.00 $3,600.00

Indirect Costs $15,850.00 $0.00 $15,850.00

Total Project Costs $175,000.00 $0.00 $175,000.00

Federal Funds: $175,000.00 100.00%
Match Amount: $0.00 0.00%

Program Income: $0.00 0.00%

Budget Detail Summary View

Budget Category

Sworn Officer

Civilian Personnel

Travel

Equipment

Supplies

SubAwards

Procurement Contracts

Other Costs

Indirect Costs

I have read and understand the information presented in this section of the Federal Award Instrument.

 Other Award Documents

No other award documents have been added.

 Award Conditions

This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Restrictions on Internal Confidentiality Agreements: No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award,
may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse
to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Consolidated Appropriations Act, 2022, Public Law
117-103, Division E, Title VII, Section 742.

Duplicative Funding: The recipient understands and agrees to notify the COPS Office if it receives, from any other source, funding for the same item or service also funded under
this award.

Contract Provision: All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part 200, Appendix II to Part 200—
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Please see appendices in the Award Owner’s Manual for a full text of the contract provisions.

Award Monitoring Activities: Federal law requires that recipients receiving federal funding from the COPS Office must be monitored to ensure compliance with their award
conditions and other applicable statutes and regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing.
Both aspects of award implementation—compliance and programmatic benefits—are part of the monitoring process coordinated by the U.S. Department of Justice. Award
monitoring activities conducted by the COPS Office include site visits, enhanced office-based grant reviews, alleged noncompliance reviews, financial and programmatic reporting,
and audit resolution. As a COPS Office award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. This includes all financial
records, such as general accounting ledgers and all supporting documents. All information pertinent to the implementation of the award is subject to agency review throughout the
life of the award, during the close-out process and for three-years after the submission of the final expenditure report. 34 U.S.C. § 10385(a) and 2 C.F.R. §§ 200.334 and 200.337.

Authorized Representative Responsibility: The recipient understands that, in accepting this award, the Authorized Representatives declare and certify, among other things, that they
possess the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accept (or adopt) all material requirements throughout the period of
performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of
performance under the award without first ensuring that the individual has the requisite legal authority.
Termination: Recipient understands and agrees that the COPS Office may terminate funding, in whole or in part, for the following reasons:
(1) When the recipient fails to comply with the terms and conditions of a Federal award.
(2) When an award no longer effectuates the program goals or agency priorities, to the extent such termination is authorized by law.
(3) When the recipient agrees to the termination and termination conditions.
(4) When the recipient provides the COPS Office written notification requesting termination including the reasons, effective date, and the portion of the award to be terminated. The
COPS Office may terminate the entire award if the remaining portion will not accomplish the purposes of the award.
(5) Pursuant to any other termination provisions included in the award.
2. C.F.R. § 200.340.

Award Owner’s Manual: The recipient agrees to comply with the terms and conditions in the applicable 2022 COPS Office Program Award Owner's Manual; DOJ Grants Financial
Guide; COPS Office statute (34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing (STOP) School Violence Act of 2018 (34 U.S.C. § 10551, et
seq.) as applicable; the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) as adopted by the
U.S. Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as
applicable; representations made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars.

Assurances and Certifications: The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its application.

Federal Civil Rights: The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application
specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition—
a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42
U.S.C. § 6102);
b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of
2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all
awards made by the Office on Violence Against Women, also may apply to an award made otherwise;
c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and
d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204.
The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination)
the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200
Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith-based or religious
organizations participating in federal financial assistance programs), and 46 (human subjects protection).

10
Mandatory Disclosure: Recipients and subrecipients must timely disclose in writing to the Federal awarding agency or pass-through entity, as applicable, all federal criminal law
violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Recipients that receive an award over $500,000 must also report certain civil,
criminal, or administrative proceedings in SAM and are required to comply with the Term and Condition for Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part
200, Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.339. 2
C.F.R. § 200.113.

11
Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information: Recipients and subrecipients agree not to discharge, demote, or otherwise discriminate
against an employee as reprisal for the employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal contract or award, a
gross waste of federal funds, an abuse of authority relating to a federal contract or award, a substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a Federal contract (including the competition for or negotiation of a contract) or award. Recipients and subrecipients also agree to provide to their employees in
writing (in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner’s Manual for a
full text of the statute.

12
False Statements: False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards or
contracts, and/or any other remedy available by law. 31 U.S.C. § 3729-3733.

13
System for Award Management (SAM) and Universal Identifier Requirements: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 25, Appendix A to
Part 25 – Award Term:
I. System for Award Management and Universal Identifier Requirements
A. Requirement for System for Award Management
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain current information in the SAM. This includes information on your
immediate and highest level owner and subsidiaries, as well as on all of your predecessors that have been awarded a Federal contract or Federal financial assistance within the
last three years, if applicable, until you submit the final financial report required under this Federal award or receive the final payment, whichever is later. This requires that you
review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another Federal award term.

B. Requirement for Unique Entity Identifier
If you are authorized to make subawards under this Federal award, you:

1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you until the entity has provided its Unique Entity
Identifier to you.

2. May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier to you. Subrecipients are not required to obtain an active SAM registration, but
must obtain a Unique Entity Identifier.

C. Definitions
For purposes of this term:

1. System for Award Management (SAM) means the Federal repository into which a recipient must provide information required for the conduct of business as a recipient.
Additional information about registration procedures may be found at the SAM internet site (currently at https://www.sam.gov).

2. Unique Entity Identifier means the identifier assigned by SAM to uniquely identify business entities.

3. Entity includes non-Federal entities as defined at 2 CFR 200.1 and also includes all of the following, for purposes of this part:

a. A foreign organization;

b. A foreign public entity;

c. A domestic for-profit organization; and

d. A Federal agency.

4. Subaward has the meaning given in 2 CFR 200.1.

5. Subrecipient has the meaning given in 2 CFR 200.1.

14
Reporting Subawards and Executive Compensation

The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 – Award Term:
I. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.

Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to
a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term).

2. Where and when to report.

i. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov.

ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November
7, 2010, the obligation must be reported by no later than December 31, 2010.)

3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify.

b. Reporting total compensation of recipient executives for non-Federal entities.

1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if—

i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR 170.320;

ii. in the preceding fiscal year, you received—

(A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as
defined at 2 CFR 170.320 (and subawards), and

(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as
defined at 2 CFR 170.320 (and subawards); and,

iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:

i. As part of your registration profile at https://www.sam.gov.

ii. By the end of the month following the month in which this award is made, and annually thereafter.

c. Reporting of Total Compensation of Subrecipient Executives.

1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-Federal entity subrecipient under this award, you
shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if—

i. in the subrecipient's preceding fiscal year, the subrecipient received—

(A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as
defined at 2 CFR 170.320 (and subawards) and,

(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and
subawards); and

ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:

i. To the recipient.

ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given
year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year.

d. Exemptions.

If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:
i. Subawards, and

ii. The total compensation of the five most highly compensated executives of any subrecipient.

e. Definitions. For purposes of this award term:

1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f).

2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:

i. A Governmental organization, which is a State, local government, or Indian tribe;

ii. A foreign public entity;

iii. A domestic or foreign nonprofit organization; and,

iv. A domestic or foreign for-profit organization

3. Executive means officers, managing partners, or any other employees in management positions.

4. Subaward:

i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as
the recipient award to an eligible subrecipient.

ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331).

iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.

5. Subrecipient means a non-Federal entity or Federal agency that:

i. Receives a subaward from you (the recipient) under this award; and

ii. Is accountable to you for the use of the Federal funds provided by the subaward.

6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for
more information see 17 CFR 229.402(c)(2)).

15
Equal Employment Opportunity Plan (EEOP): All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and
implementation of an Equal Employment Opportunity Plan. 28 C.F.R. Part 42 subpart E.

16
Reports/Performance Goals: To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible for submitting semi-annual
programmatic performance reports that describe project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF-425). 2 C.F.R.
§§ 200.328 - 200.329. The performance report is used to track your agency’s progress toward implementing community policing strategies and to collect data to gauge the
effectiveness of increasing your agency’s community policing capacity through COPS Office funding. The Federal Financial Report is used to track the expenditures of the
recipient’s award funds on a cumulative basis throughout the life of the award.

17
Recipient Integrity and Performance Matters: For awards over $500,000, the recipient agrees to comply with the following requirements of 2 C.F.R. Part 200, Appendix XII to Part
200 – Award Term and Condition for Recipient Integrity and Performance Matters:
A. Reporting of Matters Related to Recipient Integrity and Performance
1. General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of
time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System
for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information
System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of
Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system
on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.

2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:

a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;

b. Reached its final disposition during the most recent five-year period; and

c. Is one of the following:

(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;

(2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;

(3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary
fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or

(4) Any other criminal, civil, or administrative proceeding if:

(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition;

(ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and

(iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.

3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to
submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under
Federal procurement contracts that you were awarded.

4. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the
most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report.
Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information
about the criminal, civil, and administrative proceedings.

5. Definitions
For purposes of this award term and condition:

a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange
Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings
at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of
deliverables.

b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a
verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.

c. Total value of currently active grants, cooperative agreements, and procurement contracts includes—

(1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and

(2) The value of all expected funding increments under a Federal award and options, even if not yet exercised.

18
Debarment and Suspension: The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from participation in federal
assistance programs. 2 C.F.R. Part 180 (Government-wide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part 2867 (DOJ Nonprocurement Debarment and
Suspension).

19
Employment Eligibility: The recipient agrees to complete and keep on file, as appropriate, the Department of Homeland Security, U.S. Citizenship and Immigration Services
(USCIS) Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States.
Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603.

20
Conflict of Interest: Recipients and subrecipients must disclose in writing to the COPS Office or pass-through entity, as applicable, any potential conflict of interest affecting the
awarded federal funding in 2 C.F.R. § 200.112.

21
Additional High-Risk Recipient Requirements: The recipient agrees to comply with any additional requirements that may be imposed during the award performance period if the
awarding agency determines that the recipient is a high-risk recipient. 2 C.F.R. § 200.208.

22
Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: Recipient agrees that it, and its subrecipients, will not use award funds to extend, renew,
or enter into any contract to procure or obtain any covered telecommunication and video surveillance services or equipment as described in 2 CFR §200.216. Covered services and
equipment include telecommunications or video surveillance services or equipment produced or provided by Huawei Technologies Company or ZTE Corporation (or any subsidiary
or affiliate of such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of
such entities); or an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of China. The use of award funds on covered telecommunications or video
surveillance services or equipment are unallowable.
2. C.F.R. § § 200.216 & 471. See also Section 889 of the John S. McCain National Defense Authorization Act of Fiscal Year 2019, Public Law 115-232.

23
Travel Costs: Travel costs for transportation, lodging and subsistence, and related items are allowable with prior approval from the COPS Office. Payment for allowable travel costs
will be in accordance with 2 C.F.R. § 200.475.

24
The Paperwork Reduction Act Clearance and Privacy Act Review: Recipient agrees, if required, to submit all surveys, interview protocols, and other information collections to the
COPS Office for submission to the Office of Management and Budget (OMB) for clearance under the Paperwork Reduction Act (PRA). Before submission to OMB, all information
collections that request personally identifiable information must be reviewed by the COPS Office to ensure compliance with the Privacy Act. The Privacy Act compliance review and
the PRA clearance process may take several months to complete. 44 U.S.C. §§ 3501-3520 and 5 U.S.C. § 552a.

25
Supplementing, not Supplanting: State, local, and tribal government recipients must use award funds to supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA)
funds that are already committed or otherwise would have been committed for award purposes (hiring, training, purchases, and/or activities) during the award period. In other
words, state, local, and tribal government recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS
Office-funded item(s) in the absence of the COPS Office award. 34 U.S.C. § 10384(a).

26
Sole Source Justification: Recipients who have been awarded funding for the procurement of an item (or group of items) or service in excess of $250,000 and who plan to seek
approval for use of a noncompetitive procurement process must provide a written sole source justification to the COPS Office for approval prior to obligating, expending, or drawing
down award funds for that item or service. 2 C.F.R. § 200.325(b)(2).
27
Evaluations: The COPS Office may conduct monitoring or sponsor national evaluations of its award programs. The recipient agrees to cooperate with the monitors and evaluators.
34 U.S.C. § 10385(b).

28
News Media: The recipient agrees to comply with the COPS Office policy on contact with the news media. The policy establishes the COPS Office Communications Division as the
principal point of contact for the news media for issues relevant to the COPS Office or parameters of this award. The recipient agrees to refer all media inquiries on these topics
directly to the COPS Office Communications Division at 202-514-9079.

29
Modifications: Award modifications are evaluated on a case-by-case basis in accordance with 2 C.F.R. § 200.308(f). For federal awards in excess of $250,000, any modification
request involving the reallocation of funding between budget categories that exceed or are expected to exceed 10 percent (10%) of the total approved budget requires prior written
approval by the COPS Office. Regardless of the federal award amount or budget modification percentage, any reallocation of funding is limited to approved budget categories. In
addition, any budget modification that changes the scope of the project requires prior written approval by the COPS Office.

30
Public Release Information: The recipient agrees to submit one copy of all reports and proposed publications resulting from this award ninety (90) days prior to public release. Any
publications (written, curricula, visual, sound, or websites) or computer programs, whether or not published at government expense, shall contain the following statement:

"This project was supported, in whole or in part, by federal award number [YYYY-XX-XXXX] awarded to [Entity] by the U.S. Department of Justice, Office of Community Oriented
Policing Services. The opinions contained herein are those of the author(s) or contributor(s) and do not necessarily represent the official position or policies of the U.S. Department
of Justice. References to specific individuals, agencies, companies, products, or services should not be considered an endorsement by the author(s), contributor(s), or the U.S.
Department of Justice. Rather, the references are illustrations to supplement discussion of the issues.

The Internet references cited in this publication were valid as of the date of publication. Given that URLs and websites are in constant flux, neither the author(s) nor the COPS
Office can vouch for their current validity."

31
Human Subjects Research: The recipient agrees to comply with the provisions of the U.S. Department of Justice’s common rule regarding Protection of Human Subjects, 28 C.F.R.
Part 46, prior to the expenditure of Federal funds to perform such activities, if applicable. The recipient also agrees to comply with 28 C.F.R. Part 22 regarding the safeguarding of
individually identifiable information collected from research participants.

32
Copyright: If applicable, the recipient may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this award in accordance
with 2 C.F.R. § 200.315(b). The COPS Office reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use the work, in whole or in part
(including create derivative works), for Federal Government purposes, and to authorize others to do so. The COPS Office also reserves the right, at its discretion, not to publish
deliverables and other materials developed under this award as a U.S. Department of Justice resource.

Products and deliverables developed with award funds and published as a U.S. Department of Justice resource will contain the following copyright notice:

“This resource was developed under a federal award and may be subject to copyright. The U.S. Department of Justice reserves a royalty-free, nonexclusive, and irrevocable
license to reproduce, publish, or otherwise use the work for Federal Government purposes and to authorize others to do so. This resource may be freely distributed and used for
noncommercial and educational purposes only.”

33
Computer Network Requirement: The recipient understands and agrees that no award funds may be used to maintain or establish a computer network unless such network blocks
the viewing, downloading, and exchanging of pornography. Nothing in this requirement limits the use of funds necessary for any federal, state, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. Consolidated Appropriations Act, 2022, Public Law 117-103, Division B, Title V,
Section 527.

34
Allowable Costs: The funding under this award is for the payment of approved costs for program-specific purposes. The allowable costs approved for your agency's award are
limited to those listed in your agency’s award package. In accordance with 2 C.F.R. § 200.400(g), the recipient must forgo any profit or management fee. Your agency may not use
award funds for any costs not identified as allowable in the award package.

35
Extensions: Recipients may request an extension of the award period to receive additional time to implement their award program. Such extensions do not provide additional
funding. Only those recipients that can provide a reasonable justification for delays will be granted no-cost extensions. Extension requests must be received prior to the end date of
the award. 2 C.F.R. §§ 200.308(e)(2) and 200.309.

36
Domestic preferences for procurements: Recipient agrees that it, and its subrecipients, to the greatest extent practicable, will provide a preference for the purchase, acquisition, or
use of goods, products, and materials produced in, and services offered in, the United States. 2. C.F.R. § 200.322 and Executive Order 14005, Ensuring the Future is Made in All of
America by All of America’s Workers, January 25, 2021.

I have read and understand the information presented in this section of the Federal Award Instrument.

 Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance

By checking the declaration and certification box below, I--

A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.

B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of
this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review
of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything
submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany
this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.

C. Accept this award on behalf of the applicant.

D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to
this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false,
fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of
criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties
and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.

Agency Approval

Title of Approving Official Name of Approving Official Signed Date And Time
Acting Director ROBERT CHAPMAN 9/27/22 5:37 PM

Authorized Representative
From: Karen Anderson
To: Kellie Russell; Frank Trammer
Subject: FW: CS0109234 - Call 10/31/2022 4:17 PM
Date: Monday, October 31, 2022 4:25:24 PM
Attachments: image001.png
image002.png
image003.png
image004.png
image005.png
Importance: Low

See below. According to the OJP help desk, the below letter was sent to all grant award recipients.
Our award letter was sent to Mayor Ford in late Sept. or early Oct.

Karen A. Anderson, PhD
Captain
Community Affairs Division

phone: (678) 833-3334
mobile: (678) 216-6864
email: kanderson@cityofstockbridge-ga.gov
4545 N. Henry Blvd.
Stockbridge, GA 30281

The content of this email is confidential and intended for the recipient specified in
message only. It is strictly forbidden to share any part of this message with any
third party, without a written consent of the sender. If you received this message by
mistake, please reply to this message and follow with its deletion, so that we can
ensure such a mistake does not occur in the future.

From: OJP Service Portal <ojp@servicenowservices.com>
Sent: Monday, October 31, 2022 4:22 PM
To: Karen Anderson <kanderson@cityofstockbridge-ga.gov>
Cc: Vests.Vests@ojp.usdoj.gov
Subject: CS0109234 - Call 10/31/2022 4:17 PM
Importance: Low

Dear BVP applicant, 2022 application notification

The Bureau of Justice Assistance (BJA) is pleased to inform you that your jurisdiction will receive an
award under the Fiscal Year (FY) 2022 Patrick Leahy Bulletproof Vest Partnership (BVP) solicitation.
These funds have been posted to your account in the BVP System. A complete list of FY 2022 BVP
awards is available at: https://www.ojp.gov/program/bulletproof-vest-partnership/overview.
However, the FY 2022 BVP award for your jurisdiction will be on hold until the required SAM
registration is completed and the BVP Helpdesk is notified. Please see the steps below:

1. Your jurisdiction must be registered in SAM.gov For more information about renewing and
updating your existing SAM registration, or registering in SAM as a new entity, please visit
https://sam.gov/content/status-tracker. The SAM Helpdesk can be reached at 866-606-8220.
2. Please send an email to the BVP Service Desk at: 2. Vests.Vests@ojp.usdoj.gov to confirm you
have registered in SAM.gov and to confirm that your Jurisdiction Name (Vendor Name), UEI number,
and Address match between the BVP System and SAM. Finally, please update SAM with the latest
banking information for your jurisdiction.

The FY 2022 award may be used for National Institute of Justice (NIJ) compliant armored vests which
were ordered after April 1, 2022. The deadline to request payments from the FY 2022 award is
August 31, 2024, or until all available funds have been requested. Awards will not be extended past
that date, and any unused funds will be forfeited.

Please see the following website for a list of NIJ compliant vests: https://cjtec.org/compliance-
testing-program/compliant-product-lists/.

As a reminder, all jurisdictions that applied for FY 2022 BVP funding certified that a mandatory wear
policy was in place for their jurisdiction. BJA will be conducting reviews of the mandatory wear
policies as funds are requested from the BVP System. For more information on the BVP mandatory
wear policy, please see the BVP Frequently Asked Questions document:
https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/FAQsBVPMandatoryWearPolicy
_0.pdf.

Finally, please visit the following page for checklists and guides for each step of the BVP process:
https://www.ojp.gov/program/bulletproof-vest-partnership/program-resources.

For questions regarding the BVP Program or your award, please do not hesitate to contact the BVP
Help Desk at vests@usdoj.gov or 1-877-758-3787.

In addition, please visit BJA’s Officer Robert Wilson III Preventing Violence Against Law Enforcement
Officers and Ensuring Officer Resilience and Survivability (VALOR) Initiative website to obtain other
information regarding officer safety: VALOR Officer Safety and Wellness Initiative | Overview |
Bureau of Justice Assistance (ojp.gov). The VALOR Initiative is a comprehensive set of programs that
deliver no-cost officer safety, wellness, resilience training, resources, and technical assistance to law
enforcement throughout the country. VALOR brings together the latest research and practices to
address current and emerging officer safety and wellness issues/threats. Please see the VALOR
Initiative Overview-Booklet for a detailed synopsis of this important initiative: BJA VALOR INITIATIVE
(ojp.gov).

Thank you,

BVP Program Support Team
Bureau of Justice Assistance

Ref:MSG1385087_pLtRvBiByyxpeQ5po4dN
GA METTER CITY $2,400.00
GA MONROE CITY $2,037.50
GA MONROE COUNTY $7,700.00
GA MORGAN COUNTY $6,475.00
GA MURRAY COUNTY $7,440.00
GA MILTON CITY $5,891.50
GA OCONEE COUNTY $5,145.00
GA PERRY CITY $7,140.55
GA PINE MOUNTAIN TOWN $3,987.50
GA POLK COUNTY $6,510.00
GA PORTERDALE TOWN $1,692.50
GA PUTNAM COUNTY $2,537.50
GA RICHMOND HILL CITY $5,315.00
GA ROCKDALE COUNTY $22,030.00
GA ROME CITY $6,500.00
GA ROSWELL CITY $24,864.75
GA SANDY SPRINGS CITY $2,349.53
GA SMYRNA CITY $25,105.00
GA SPALDING COUNTY $16,300.00
GA ST MARYS CITY $400.00
GA STATESBORO CITY $4,502.50
GA STOCKBRIDGE CITY $22,400.00
GA SUGAR HILL CITY $2,000.00
GA SUMMERVILLE CITY $2,138.40
GA SUWANEE CITY $400.00
GA THOMASVILLE CITY $3,152.50
GA TOCCOA CITY $357.50
GA TROUP COUNTY $5,120.85
GA TYBEE ISLAND CITY $6,455.00
GA TYRONE TOWN $657.50
GA VALDOSTA CITY $10,500.00
GA VILLA RICA CITY $2,000.00
GA WALTON COUNTY $9,555.00
GA WARE COUNTY $5,075.00
GA WARNER ROBINS CITY $10,231.00
GA WASHINGTON COUNTY $8,817.50
GA WINDER CITY $8,900.00
GA WOODSTOCK CITY $9,917.50
Totals for GA(117 Jurisdictions): $1,067,191.57
IA AMES CITY $3,595.00
IA ANKENY CITY $9,600.00
IA ATLANTIC CITY $1,633.60
IA BETTENDORF CITY $4,165.00
IA BURLINGTON CITY $1,975.00
IA CARROLL CITY $1,156.50
IA CHARLES CITY $1,490.00
IA CLARINDA CITY $1,566.00
IA CLAY COUNTY $1,427.50
IA CLEAR LAKE CITY $1,914.00
Page 15
STATE OF GEORGIA

COUNTY OF HENRY

f N'ff,RGOVERNMt;NTAL AGREEMENT TO PROVI O~J>Qk,~~~.$!Ll!Yl{;~fi

WlTlliN A POLICE SERVICE DISTRICT

nus AGREEMENT is made and entered into this aI~--day of .[)tL t'J"'\b-t";'io20

by and between HENRY COUNTY, GEORGIA, a political subdivision of the State of Georgia

(hereinaftet referred to .a.s 11 COUNTY");the CITY OF STOCKBRIDGE, a municipa) corporation

chartered by the State of Georgia (hereinafter referred to as 11 STOCKBRJDGE11)

WJTNESSETH:

WHEREAS~ pursuant to Article 9, S~tjon 3, Paragraph 1 of the Constitution of Georgia

of 1983, the City and the County are authorized to contract with one another for a period not

exceeding fifty (S 0) years for joint se1vices, for the provision of services, or for the joint or separate

use of facilities or equipment, provided tpat such contracts must deal with activities, services, or

faci1ities which the contracting parties are authorized by law to undertake or provide; and

WHEREAS, the Constitution of the State of Georgia of 1983, Article 9, Section 2 1

Paragraph 3(a)(2) provides that any county, municipality. or any combination thereof may provide

police services; and

WHEREAS, the Georgia Constitution of 1983, Article 9, Section 2, Paragraph 3(b)(l)

prohibits, except as otherwise provided by law, cities or counties from exercising governmental

authority within each other's. boundat:ies except by contract; and

WHEREAS, the County and City herein named have created a Police Service District by

joint resolution, which shalt have an .effective date o(Dt'cth'i?v' ◊ \ 2020 and
HENRY COUNTY, GEORGIA
POLICE PROJECTION SERVICE AREAS

:••••••.,•••". HENRY COUNTY POL1¢E SER"'Cl AREA
L~·······J INCLUDING THE CITY OF STOCKBRIDGE
CITY OF MCDONOUGH
·. , ,...•.•.·...•.... POLICE PROTECTION SERVICE AREA

. . . CITY OF HAMPTON
. . . ' POLICE PROTEc:rioN SERVICE AREA

- CITY OF L()CUST GROVE
. POLiCE PROTECTION .SERVICE AREA

J,.,l
,. ,i1:~
., ci

:r· t,,
..,,.111.
-..__- ~•·1,li:.
.'it~~-J~~~-f~~

WHEREAS, the County and City desire to enter into an Intergovernmental Agreement

which shall define the police services to be pl'Ovided by the County within this Police Service

District; and

WHEREAS, the County and City have duly authod,ed the execution of this

lntergovemmcntal Agreement through appropriate Resolutions adopt~<! by their respective

governing bodies;

NOW, THEREFORE, i11 consideration of the mutual obligations recited below and other

good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,

and in consideration of the mutual prornises contained herein, the County and the City do agree

and consent to the following:

ARTICLE I

PURPOSE, TERM AND RENEWAL

1. The purpose of this Agreement is to define the nature and scope -0f poJicc services

to be provided by !he County within the Police Service District and to provide for the manner of

payment. for such services,

2. The Police Service District shall consist of the entire unincorporated area of the

County and the incorporated area of Stockbridge located within Henry County.

3. The term of this Agreement shall commence on \kctMht( 3 ( , 2020 and
continue for a period of ten (10) years.

4. After the original t~11n of this Agreement, said Agreement s.haH automatically

renew for three (3) years unless prior to the expiration of the original term or any extension thereof,

written notice is given by one party lo this Agreement to the othct· parties thereto at least one

hundred twenty (120) days prior to the exptralion of the original te1m 01· any extension thereof.

ARTICLE rJ

POLICE SERVICES PROVIDED WJTHlN POLICE SERVICE DJSTRICT

5. The County shall uniformly provide police services at a uniform and

nondiscriminatory level of service throughout the .Police Service District.

6. The County reserves the Tight to modify its services based upon its determination

of public necessity, statutory or regulatory requirements, or business or financial necessity; but

any such modification shall affect the Police District in a uniform nondiscriminatory manner.

7. The County shall provide to the residents and businesses of Stockbridge the same

police services it provides to the residents and businesses of the unjncorporated ~rea of Henry

County.

8. The City inay elect to opt into or out of the Police Service Distifot during the

continuation of the Polic.e Service District upon giving notice in writing to the County of such

election. To exercise such option, a City shaH adopt a resolution which requests that the County

discontinue or commence the provision of police services within the City. To allow for planning

and budgeting, as well as adequate transition time, such approved resolution must be delivered to

the County at least twelve months prior to the City's exit from of the Police Service District. Any

such election shall not affect the continuing existence of the Police Service Dish·ict.

9. The Police Service District costs shall include the costs associated with the Henry

County's provision of lhe services outlined in Section 5 above.

10. The County shall levy a uniform millage rate within the Police Service District and

assess all properties in a unifonn manner within the Police Service District.

11 . In p.irtial consideration for this Agreement, the City will provide to the County the

building located at 4545 North Henry Blvd., Stockbridge, Georgia as the location for the County's
po Ike precinct an annual rental rate of $1.00 for the duration of this Agreement. The Collnty will

maintain the precinct in this location for the duration oflhis Agreement.

12. Police Services within the Police Service rnstrict including the constrnction and

maintenance of facilities and the acquisition and maintenance of equipment shall be funded

through unincorporated area revenues generated by insui"ance premium taxes, occupation taxes,

bu.c;;iness lic.ense fees, alcohol beverage excise taxes and license fees, franchise fees, and fines,

forfeitures, and fees of the State Court and Clerk's office, other related feed and revenue,

assessments, and property tax.es collected solely within the Police District.

13. The County shall establish a Police Service District Fund in order to properly

segregate the financial matters and records of the Police Service District. Costs and revenues

attributable to the Police Service Disn·ict shall be accounted for in the Police Service District Fund.

ARTICLE Ill

AUDITS

14. The Police Service District shall be reviewed each year by the County>s

independent, external auditors to ensure that 1·evenues are receipted and expenditures recorded in

accordance with the Service Delivery Strategy Agreement agre.ed upon by the parties. Said

auditors shall provide annually a certified statement to all parties as to whether the County and all

affected Cities are financially in compliance with this Agreement. 1f the County or the affected

Cities are not in compliance, said auditors shall specify annually the areas of non-compliance and

recommend steps needed to achieve compliance. The results of the external auditor's review

completed pursuant to this Paragraph shaH be distributed annually to the County and the Cit)•

within one hundred eighty (t 80) days of the close of the County's fiscal year. The cost of the

external auditor's review shall be aUocated to the Police Service District. The County shall allo\v

the City at its expense to contract wirh an independent, external auditor to pe1form its own audit

of the County's books to verify compliance with the Servi<;e Delivery Strategy Agreement.

ARTICLE JV

DEFAULT AND DISPUTE RESOLUTION

15. rt an ev.ent of default occurs, the non~defaulting party shall notify the other in writing,

specii'y the basis for the default, and advise the other that the default must be within a thitty (30)

day period. The non-defaulting party may grant additional time to cure the default, as it deems

appropriate, without waiver of any of its rights, so long as the defaulting party has commenced

curing the default and is effectuating a cure with diligence and continuity duri.ng the thirty {30)

day period, or any longer period prescribed or agreed upon. If the default is not cured within such

time, then the parties shall participate in mediation to attempt to resolve the matter, said mediation

to be supervised by a Senior Jndge wjtb substantial experience invo!V1ng local government law.

ARTICLEV

AMENDl'vIENTS

l 6. This Agreement may be modified at any time by mutual written consent of the

County the City, as approved by the parties' goveming authorities.
ARTJCLE V1

ASSfGNAHHJTV

I7 No party shall a1ssign any obligation or be11cfit of th i!i A greerm~nl withour lhc

wri1ten authorization of th•~ gov(;ro ing: HULhorili~:s of ,1 H p;,rtie,; here(o.

ARTICLEVIl

ENTIRE AGREEMENT, SEVERABILITY

l 8. The Parties acknowledge that the terms of this Agreement constitute the entire

understanding and agreement of the Parties regarding the subject matter, rights and remedies of

this Agreement.

19. If a court of competent jurisdiction renders any prnvisiou of this Agreement (or a

portion of a provision) to be invalid or .otherwise unenforceable, that provision or portion of the

provision shall be severed, and the remainder of this Agreement will condnue in full force and

effect as if the hlvalid provision or portion ofthe provision were not part of this Agreement.

20; The provisions of this Agreement and any subsequet1t amendment thereto shall

survive any t'evisions of the Parties' Service Delivery Strategy Agreement and the provisions of

the Service Delivery Strategy Act.

ARTICLE VHI

NOTICES

21. AU notices, consents, waivers, directions, requests or other instruments or

communications provided for under this Agreement sha11 be deemed properly given if, and only

if, delivered personally or sent by registered or certified United States mail, postage prepaid as

follows:

a. If to the City of Stockbridge:

City Manager
City of Stockbridge
4640 Nol'th Henry Boulevard
Stockbridge, GA 30281

b. If to Henry County:

County Administrator
Henry County
140 Henry Pad.-way
McDonough, GA 30253

Any party may at any time change t~e .address where notices are to be sent or the person to

whom such notices should be directed by the delivery or mailing to the above persons of a notice

stating the change.

IN WITNESS WHEREOF, the Parties hereto acting through their duly authorized agents

have caused this Agreement to be signed, sealed and delivered for final execution by the County

on the date indicated herein,

(SIGNATURE PAGE FOLLOWS)

~ AITET:~ i ' .. .
THE CITY OF STOCKBRIDGE

BY 7c,.,µ .:M'-./i.:i-ltt:J?J~.tt,. ,
i/cssa Hol1da~tk
BY:

DATE:

APMtOV!10
··AS TO~
FORM:

BY;
el ·•· ·.illiams, City Attorney

STATE OF GEORGIA
HENRY COUNTY
CITY OF STOCKBRIDGE
RESOLUTION - - -

A RESOLUTION AUTHORIZING AMENDING ALL RESOLUTIONS;
AUTHORIZING THE CITY CLERK TO ATTEST SIGNATURES AND
AFFIX THE OFFICIAL SEAL OF THE CITY, AS NECESSARY;
REPEALING INCONSISTENT RESOLUTIONS; PROVIDING FOR AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES TO APPROVE
STOCKBRIDGE OPTING OUT AND RENEGOTIATING THE SDS
AGREEMENT WITH HENRY COUNTY AND REQUESTING TO BE
REIMBURSED FOR POLICE FUNDS SINCE JULY 2022.

WHEREAS, the City of Stockbridge ("City") is a municipal corporation located within
Henry County, Georgia duly organized and existing under the laws of the State of Georgia and is
charged with providing public services to residents located within the corporate limits of the
City; and

WHEREAS, the City of Stockbridge has entered into an intergovernmental agreement
with Henry County which anticipates that the County end its police services to the City when the
City of Stockbridge starts its police department, and

WHEREAS, the City of Stockbridge has started a police department in July of 2022 that
is fully functional,

WHEREAS, the City has alerted the County of the existence of the police department
and the County has not had to solely police the City of Stockbridge since July of 2022.

WHEREAS, the City has paid for policing through taxpayer revenue that the County has
not used,

WHEREAS, the City needs to request the funds be transferred to the City for its policing
efforts,
WHEREAS, the City needs to renegotiate the SDS agreement with Henry County to
reflect the new Stockbridge Police Department and other issues;

THEREFORE, IT IS NOW RESOLVED BY THE CITY COUNCIL OF THE CITY
OF STOCKBRIDGE, GEORGIA, AS FOLLOWS:

1. Approval of Execution. The City hereby withdraws from the SDS agreement its need for
police services by Henry County. Further, the City requests and approves staff to
renegotiate the SDS agreement to reflect the creation of the Stockbridge Police
Department. The City further resolves that this resolution be presented to Henry County
as a request to end Henry County policing the City of Stockbridge. Further, the City
requests that the County reimburse the City of Stockbridge for all money it is owed since
July of 2022 forward, further if money is held for policing in the next calendar year the
City requests that that money be sent to the City as well. The relevant document is
attached as Exhibit A.

2. Documents. The City Clerk is authorized to execute, attest to, and seal any
documents which may be necessary to effectuate the amendment, subject to approval as
to form by the City Attorney.

3. Severability. To the extent any portion of this Resolution is declared to be
invalid, unenforceable or non-binding, that shall not affect the remaining portions of this
Resolution.

4. Repeal of Conflictin2 Provisions. All City resolutions are hereby repealed to the extent
they are inconsistent with this Resolution.

5. Effective Date. This Resolution shall be effective on the date of its approval by the City
Council and Mayor as provided in the City Charter.

SO BE IT RESOLVED this 14th day of November 2022.

ANTHONY S. FORD, Mayor

ATTEST:

(SEAL)
VANESSA HOLIDAY, City Clerk

APPROVED AS TO FORM:

EXHIBIT A
October 19, 2022
MAYOR
Anthony S. Ford Cheri Matthews, County Manager
Henry County Government
COUNCIL MEMBERS 140 Henry Parkway
Elton Alexander McDonough, GA 30253
Yolanda Barber
John Blount
LaKeisha T. Gantt
Alphonso Thomas
Re: Request for Millage Funds for Police Services
Dear Mrs. Matthews:
Dear Mrs. Matthews:
CITY MANAGER Per our conversation prior to the October 4, 2022, Board of Commissioner’s Meeting,
Frederick Gardiner. AICP
we agreed that the City of Stockbridge would give its presentation at the October 18
meeting and that any presentation items should be sent in advance. Unfortunately, we
did not have any presentation items. It was disheartening to learn that we were not on
the agenda due to the lack of a presentation being sent in advance of the meeting. Still,
we were prepared to speak on our request for millage associated with the transition of
police services from the County to the City of Stockbridge.
As outlined in your email dated October 19, the City of Stockbridge hereby requests to
be placed on the November 1, 2022, agenda to discuss the remittance of funds
associated with 1.904 mills or roughly $2.4 million dollars the residents of Stockbridge
have paid to the County for police services. As you are aware, Stockbridge hired its
current police chief on October 14, 2021, and subsequently started providing police
services to the residents and businesses of Stockbridge on July 1, 2022, at midnight.
The requested funds will be utilized to pay for the police services presently being
provided by the City of Stockbridge and funded by City taxes. The fact is City residents
have paid the County and are paying the City for these services could be perceived as a
duplication of services and double taxation.
We sincerely hope the County will remit these funds back to the City and restructure
the SDS agreement around police services to eliminate this situation.
Sincerely,

Frederick Gardiner
Fredrick Gardiner, AICP, City Manager
Cc: Henry County Board of Commissioners
City of Stockbridge City Council

Office of the City Manager
4640 N. Henry Blvd, Stockbridge, Georgia 30281770-389-7904 www.cityofstockbridge.com
STATE OF GEORGIA

COUNTY OF HENRY

f N'ff,RGOVERNMt;NTAL AGREEMENT TO PROVI O~J>Qk,~~~.$!Ll!Yl{;~fi

WlTlliN A POLICE SERVICE DISTRICT

nus AGREEMENT is made and entered into this aI~--day of .[)tL t'J"'\b-t";'io20

by and between HENRY COUNTY, GEORGIA, a political subdivision of the State of Georgia

(hereinaftet referred to .a.s 11 COUNTY");the CITY OF STOCKBRIDGE, a municipa) corporation

chartered by the State of Georgia (hereinafter referred to as 11 STOCKBRJDGE11)

WJTNESSETH:

WHEREAS~ pursuant to Article 9, S~tjon 3, Paragraph 1 of the Constitution of Georgia

of 1983, the City and the County are authorized to contract with one another for a period not

exceeding fifty (S 0) years for joint se1vices, for the provision of services, or for the joint or separate

use of facilities or equipment, provided tpat such contracts must deal with activities, services, or

faci1ities which the contracting parties are authorized by law to undertake or provide; and

WHEREAS, the Constitution of the State of Georgia of 1983, Article 9, Section 2 1

Paragraph 3(a)(2) provides that any county, municipality. or any combination thereof may provide

police services; and

WHEREAS, the Georgia Constitution of 1983, Article 9, Section 2, Paragraph 3(b)(l)

prohibits, except as otherwise provided by law, cities or counties from exercising governmental

authority within each other's. boundat:ies except by contract; and

WHEREAS, the County and City herein named have created a Police Service District by

joint resolution, which shalt have an .effective date o(Dt'cth'i?v' ◊ \ 2020 and
HENRY COUNTY, GEORGIA
POLICE PROJECTION SERVICE AREAS

:••••••.,•••". HENRY COUNTY POL1¢E SER"'Cl AREA
L~·······J INCLUDING THE CITY OF STOCKBRIDGE
CITY OF MCDONOUGH
·. , ,...•.•.·...•.... POLICE PROTECTION SERVICE AREA

. . . CITY OF HAMPTON
. . . ' POLICE PROTEc:rioN SERVICE AREA

- CITY OF L()CUST GROVE
. POLiCE PROTECTION .SERVICE AREA

J,.,l
,. ,i1:~
., ci

:r· t,,
..,,.111.
-..__- ~•·1,li:.
.'it~~-J~~~-f~~

WHEREAS, the County and City desire to enter into an Intergovernmental Agreement

which shall define the police services to be pl'Ovided by the County within this Police Service

District; and

WHEREAS, the County and City have duly authod,ed the execution of this

lntergovemmcntal Agreement through appropriate Resolutions adopt~<! by their respective

governing bodies;

NOW, THEREFORE, i11 consideration of the mutual obligations recited below and other

good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,

and in consideration of the mutual prornises contained herein, the County and the City do agree

and consent to the following:

ARTICLE I

PURPOSE, TERM AND RENEWAL

1. The purpose of this Agreement is to define the nature and scope -0f poJicc services

to be provided by !he County within the Police Service District and to provide for the manner of

payment. for such services,

2. The Police Service District shall consist of the entire unincorporated area of the

County and the incorporated area of Stockbridge located within Henry County.

3. The term of this Agreement shall commence on \kctMht( 3 ( , 2020 and
continue for a period of ten (10) years.

4. After the original t~11n of this Agreement, said Agreement s.haH automatically

renew for three (3) years unless prior to the expiration of the original term or any extension thereof,

written notice is given by one party lo this Agreement to the othct· parties thereto at least one

hundred twenty (120) days prior to the exptralion of the original te1m 01· any extension thereof.

ARTICLE rJ

POLICE SERVICES PROVIDED WJTHlN POLICE SERVICE DJSTRICT

5. The County shall uniformly provide police services at a uniform and

nondiscriminatory level of service throughout the .Police Service District.

6. The County reserves the Tight to modify its services based upon its determination

of public necessity, statutory or regulatory requirements, or business or financial necessity; but

any such modification shall affect the Police District in a uniform nondiscriminatory manner.

7. The County shall provide to the residents and businesses of Stockbridge the same

police services it provides to the residents and businesses of the unjncorporated ~rea of Henry

County.

8. The City inay elect to opt into or out of the Police Service Distifot during the

continuation of the Polic.e Service District upon giving notice in writing to the County of such

election. To exercise such option, a City shaH adopt a resolution which requests that the County

discontinue or commence the provision of police services within the City. To allow for planning

and budgeting, as well as adequate transition time, such approved resolution must be delivered to

the County at least twelve months prior to the City's exit from of the Police Service District. Any

such election shall not affect the continuing existence of the Police Service Dish·ict.

9. The Police Service District costs shall include the costs associated with the Henry

County's provision of lhe services outlined in Section 5 above.

10. The County shall levy a uniform millage rate within the Police Service District and

assess all properties in a unifonn manner within the Police Service District.

11 . In p.irtial consideration for this Agreement, the City will provide to the County the

building located at 4545 North Henry Blvd., Stockbridge, Georgia as the location for the County's
po Ike precinct an annual rental rate of $1.00 for the duration of this Agreement. The Collnty will

maintain the precinct in this location for the duration oflhis Agreement.

12. Police Services within the Police Service rnstrict including the constrnction and

maintenance of facilities and the acquisition and maintenance of equipment shall be funded

through unincorporated area revenues generated by insui"ance premium taxes, occupation taxes,

bu.c;;iness lic.ense fees, alcohol beverage excise taxes and license fees, franchise fees, and fines,

forfeitures, and fees of the State Court and Clerk's office, other related feed and revenue,

assessments, and property tax.es collected solely within the Police District.

13. The County shall establish a Police Service District Fund in order to properly

segregate the financial matters and records of the Police Service District. Costs and revenues

attributable to the Police Service Disn·ict shall be accounted for in the Police Service District Fund.

ARTICLE Ill

AUDITS

14. The Police Service District shall be reviewed each year by the County>s

independent, external auditors to ensure that 1·evenues are receipted and expenditures recorded in

accordance with the Service Delivery Strategy Agreement agre.ed upon by the parties. Said

auditors shall provide annually a certified statement to all parties as to whether the County and all

affected Cities are financially in compliance with this Agreement. 1f the County or the affected

Cities are not in compliance, said auditors shall specify annually the areas of non-compliance and

recommend steps needed to achieve compliance. The results of the external auditor's review

completed pursuant to this Paragraph shaH be distributed annually to the County and the Cit)•

within one hundred eighty (t 80) days of the close of the County's fiscal year. The cost of the

external auditor's review shall be aUocated to the Police Service District. The County shall allo\v

the City at its expense to contract wirh an independent, external auditor to pe1form its own audit

of the County's books to verify compliance with the Servi<;e Delivery Strategy Agreement.

ARTICLE JV

DEFAULT AND DISPUTE RESOLUTION

15. rt an ev.ent of default occurs, the non~defaulting party shall notify the other in writing,

specii'y the basis for the default, and advise the other that the default must be within a thitty (30)

day period. The non-defaulting party may grant additional time to cure the default, as it deems

appropriate, without waiver of any of its rights, so long as the defaulting party has commenced

curing the default and is effectuating a cure with diligence and continuity duri.ng the thirty {30)

day period, or any longer period prescribed or agreed upon. If the default is not cured within such

time, then the parties shall participate in mediation to attempt to resolve the matter, said mediation

to be supervised by a Senior Jndge wjtb substantial experience invo!V1ng local government law.

ARTICLEV

AMENDl'vIENTS

l 6. This Agreement may be modified at any time by mutual written consent of the

County the City, as approved by the parties' goveming authorities.
ARTJCLE V1

ASSfGNAHHJTV

I7 No party shall a1ssign any obligation or be11cfit of th i!i A greerm~nl withour lhc

wri1ten authorization of th•~ gov(;ro ing: HULhorili~:s of ,1 H p;,rtie,; here(o.

ARTICLEVIl

ENTIRE AGREEMENT, SEVERABILITY

l 8. The Parties acknowledge that the terms of this Agreement constitute the entire

understanding and agreement of the Parties regarding the subject matter, rights and remedies of

this Agreement.

19. If a court of competent jurisdiction renders any prnvisiou of this Agreement (or a

portion of a provision) to be invalid or .otherwise unenforceable, that provision or portion of the

provision shall be severed, and the remainder of this Agreement will condnue in full force and

effect as if the hlvalid provision or portion ofthe provision were not part of this Agreement.

20; The provisions of this Agreement and any subsequet1t amendment thereto shall

survive any t'evisions of the Parties' Service Delivery Strategy Agreement and the provisions of

the Service Delivery Strategy Act.

ARTICLE VHI

NOTICES

21. AU notices, consents, waivers, directions, requests or other instruments or

communications provided for under this Agreement sha11 be deemed properly given if, and only

if, delivered personally or sent by registered or certified United States mail, postage prepaid as

follows:

a. If to the City of Stockbridge:

City Manager
City of Stockbridge
4640 Nol'th Henry Boulevard
Stockbridge, GA 30281

b. If to Henry County:

County Administrator
Henry County
140 Henry Pad.-way
McDonough, GA 30253

Any party may at any time change t~e .address where notices are to be sent or the person to

whom such notices should be directed by the delivery or mailing to the above persons of a notice

stating the change.

IN WITNESS WHEREOF, the Parties hereto acting through their duly authorized agents

have caused this Agreement to be signed, sealed and delivered for final execution by the County

on the date indicated herein,

(SIGNATURE PAGE FOLLOWS)

~ AITET:~ i ' .. .
THE CITY OF STOCKBRIDGE

BY 7c,.,µ .:M'-./i.:i-ltt:J?J~.tt,. ,
i/cssa Hol1da~tk
BY:

DATE:

APMtOV!10
··AS TO~
FORM:

BY;
el ·•· ·.illiams, City Attorney

STATE OF GEORGIA
HENRY COUNTY
CITY OF STOCKBRIDGE
RESOLUTION - - -

A RESOLUTION AUTHORIZING AMENDING ALL RESOLUTIONS;
AUTHORIZING THE CITY CLERK TO ATTEST SIGNATURES AND
AFFIX THE OFFICIAL SEAL OF THE CITY, AS NECESSARY;
REPEALING INCONSISTENT RESOLUTIONS; PROVIDING FOR AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES TO APPROVE
STOCKBRIDGE OPTING OUT AND RENEGOTIATING THE SDS
AGREEMENT WITH HENRY COUNTY AND REQUESTING TO BE
REIMBURSED FOR POLICE FUNDS SINCE JULY 2022.

WHEREAS, the City of Stockbridge ("City") is a municipal corporation located within
Henry County, Georgia duly organized and existing under the laws of the State of Georgia and is
charged with providing public services to residents located within the corporate limits of the
City; and

WHEREAS, the City of Stockbridge has entered into an intergovernmental agreement
with Henry County which anticipates that the County end its police services to the City when the
City of Stockbridge starts its police department, and

WHEREAS, the City of Stockbridge has started a police department in July of 2022 that
is fully functional,

WHEREAS, the City has alerted the County of the existence of the police department
and the County has not had to solely police the City of Stockbridge since July of 2022.

WHEREAS, the City has paid for policing through taxpayer revenue that the County has
not used,

WHEREAS, the City needs to request the funds be transferred to the City for its policing
efforts,
WHEREAS, the City needs to renegotiate the SDS agreement with Henry County to
reflect the new Stockbridge Police Department and other issues;

THEREFORE, IT IS NOW RESOLVED BY THE CITY COUNCIL OF THE CITY
OF STOCKBRIDGE, GEORGIA, AS FOLLOWS:

1. Approval of Execution. The City hereby withdraws from the SDS agreement its need for
police services by Henry County. Further, the City requests and approves staff to
renegotiate the SDS agreement to reflect the creation of the Stockbridge Police
Department. The City further resolves that this resolution be presented to Henry County
as a request to end Henry County policing the City of Stockbridge. Further, the City
requests that the County reimburse the City of Stockbridge for all money it is owed since
July of 2022 forward, further if money is held for policing in the next calendar year the
City requests that that money be sent to the City as well. The relevant document is
attached as Exhibit A.

2. Documents. The City Clerk is authorized to execute, attest to, and seal any
documents which may be necessary to effectuate the amendment, subject to approval as
to form by the City Attorney.

3. Severability. To the extent any portion of this Resolution is declared to be
invalid, unenforceable or non-binding, that shall not affect the remaining portions of this
Resolution.

4. Repeal of Conflictin2 Provisions. All City resolutions are hereby repealed to the extent
they are inconsistent with this Resolution.

5. Effective Date. This Resolution shall be effective on the date of its approval by the City
Council and Mayor as provided in the City Charter.

SO BE IT RESOLVED this 14th day of November 2022.

ANTHONY S. FORD, Mayor

ATTEST:

(SEAL)
VANESSA HOLIDAY, City Clerk

APPROVED AS TO FORM:

EXHIBIT A
SERVICE DELIVERY STRATEGY

FORM 2: Summary of Service Delivery Arrangements
Instructions:

Make copies of this form and complete one for each service listed on FORM 1, Section IV. Use EXACTLY the same service names listed on FORM 1.
Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this
should be reported to the Department of Community Affairs.

COUNTY:HENRY COUNTY Service:POLICE

1. Check one box that best describes the agreed upon delivery arrangement for this service:

a.) Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider.
(If this box is checked, identify the government, authority or organization providing the service.):Type Name of
Government, Authority or Organization Here

b.) Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is
checked, identify the government, authority or organization providing the service.): Type Name of Government, Authority
or Organization Here

c.) One or more cities will provide this service only within their incorporated boundaries, and the service will not be
provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the
service: Type Name of Government, Authority or Organization Here

d.) One or more cities will provide this service only within their incorporated boundaries, and the county will provide the
service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the
service.): Type Name of Government, Authority or Organization Here

e.) Other (If this box is checked, attach a legible map delineating the service area of each service provider, and
identify the government, authority, or other organization that will provide service within each service area.): Henry County
will provide this within the unincorporated areas of Henry County, Georgia. The Cities of Hampton, Locust Grove,
McDonough, and Stockbridge provide this service within their respective incorporated areas.

2. In developing this strategy, were overlapping service areas, unnecessary competition and/or duplication of this service
identified?

Yes (if “Yes,” you must attach additional documentation as described, below)

No

If these conditions will continue under this strategy, attach an explanation for continuing the arrangement (i.e.,
overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that
overlapping service areas or competition cannot be eliminated).

If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that
will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it.

Page 1 of 2
SDS FORM 2, continued

3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g.,
enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact
fees, bonded indebtedness, etc.).

Local Government or Authority Funding Method
Henry County Fees, Grants, General Funds, SPLOST
Hampton Fees, Grants, General Funds, SPLOST
Locust Grove Fees, Grants, General Funds, SPLOST
McDonough Fees, Grants, General Funds, SPLOST
Stockbridge Fees, Grants, General Funds, SPLOST

4. How will the strategy change the previous arrangements for providing and/or funding this service within the county?

By entering into this SDS agreement, the County and Cities of Hampton, Locust Grove, McDonough, and Stockbridge
hereby agree to provide mutual aid to each other pursuant to and with all rights, responsibilities and privileges afforded
under "The Georgia Mutual Aid Act," O.C.G.A. 36-69-1, et seq., as amended; provided however, notwithstanding O.C.G.A.
36-69-5, no party hereto shall seek or require any compensation whatsoever from any other other party which provides
mutual aid.

5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for
this service:

Agreement Name Contracting Parties Effective and Ending Dates
Mutual aid (see box 4 above) Henry County, Hampton, Locust Grove, McDonough, Term of ten years from the
Stockbridge
Stockbridge effective date of the
Agreement.
Effective - End
Effective - End
Effective - End

6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local
acts of the General Assembly, rate or fee changes, etc.), and when will they take effect?

Provide Details Here

7. Person completing form: Cheri Matthews, County Manager
Phone number: 770-288-6000 Date completed: Type Date Here

8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government
projects are consistent with the service delivery strategy? Yes No

If not, provide designated contact person(s) and phone number(s) below:
HAMPTON CITY MANAGER: (770) 946-4306
LOCUST GROVE CITY MANAGER: (770) 957-5043
MCDONOUGH CITY MANAGER: (770) 957-3915.
STOCKBRIDGE CITY MANAGER: (770) 389-7900

Page 2 of 2
SERVICE DELIVERY STRATEGY

FORM 2: Summary of Service Delivery Arrangements
Instructions:

Make copies of this form and complete one for each service listed on FORM 1, Section IV. Use EXACTLY the same service names listed on FORM 1.
Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this
should be reported to the Department of Community Affairs.

COUNTY:HENRY COUNTY Service:CITY PRISONERS - TRANSPORT

1. Check one box that best describes the agreed upon delivery arrangement for this service:

a.) Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider.
(If this box is checked, identify the government, authority or organization providing the service.):Type Name of
Government, Authority or Organization Here

b.) Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is
checked, identify the government, authority or organization providing the service.): Type Name of Government, Authority
or Organization Here

c.) One or more cities will provide this service only within their incorporated boundaries, and the service will not be
provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the
service: Type Name of Government, Authority or Organization Here

d.) One or more cities will provide this service only within their incorporated boundaries, and the county will provide the
service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the
service.): Type Name of Government, Authority or Organization Here

e.) Other (If this box is checked, attach a legible map delineating the service area of each service provider, and
identify the government, authority, or other organization that will provide service within each service area.): Henry County
Sheriff to provide service in unincorporated area of Henry County. Hampton, Locust Grove, McDonugh, and
Stockbridge shall privde this service within their incorporated areas.

2. In developing this strategy, were overlapping service areas, unnecessary competition and/or duplication of this service
identified?

Yes (if “Yes,” you must attach additional documentation as described, below)

No

If these conditions will continue under this strategy, attach an explanation for continuing the arrangement (i.e.,
overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that
overlapping service areas or competition cannot be eliminated).

If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that
will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it.

Page 1 of 2
SDS FORM 2, continued

3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g.,
enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact
fees, bonded indebtedness, etc.).

Local Government or Authority Funding Method
Henry County County General Fund
Hampton Municipal General Fund
Locust Grove Municipal General Fund
McDonough Municipal General Fund
Stockbridge Municipal General Fund

4. How will the strategy change the previous arrangements for providing and/or funding this service within the county?

5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for
this service:

Agreement Name Contracting Parties Effective and Ending Dates
N/A

Effective - End
Effective - End
Effective - End

6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local
acts of the General Assembly, rate or fee changes, etc.), and when will they take effect?

Provide Details Here

7. Person completing form: Cheri Matthews, County Manager
Phone number: 770-288-6000 Date completed: Type Date Here

8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government
projects are consistent with the service delivery strategy? Yes No

If not, provide designated contact person(s) and phone number(s) below:
HAMPTON CITY MANAGER: (770) 946-4306
LOCUST GROVE CITY MANAGER: (770) 957-5043
MCDONOUGH CITY MANAGER: (770) 957-3915.
STOCKBRIDGE CITY MANAGER: (770) 389-7900

Page 2 of 2
Summary Redevelopment Plan
for Tax Allocation District #1
Stockbridge GA
DRAFT

Presentation to the Stockbridge Georgia City Council
November 14, 2022
Background
• In 2020 Henry County and Stockbridge voters granted the County and its municipalities
redevelopment powers to create tax allocation districts (TAD) and finance improvements
within those districts
• The City Council has until December 31 to adopt a redevelopment plan and create a TAD
to become effective in 2023, otherwise that process must be delayed a year
• In June the City retained KB Advisory Group (KB) to assist in preparing a redevelopment
plan to potentially establish the City’s first TAD focused on the Downtown Area
• KB has begun to analyze options for a potential TAD #1 to enable the City Council to
consider action in December. This presentation provides a second progress report and
summary of the main findings and contents of the redevelopment Plan.

Qualifying the Redevelopment Area
• Georgia’s Redevelopment Powers Law enables cities and counties to designate
“Redevelopment Areas” by local adoption of an approved plan under state
guidelines – where financial incentives can be offered to support revitalization either
directly to assist private development or indirectly in the form of supportive public
improvements. The Plan needs to show that the creation of a TAD and use of Tax
Increment Financing are necessary to achieve local public objectives due to such
factors as:
• High development costs
• Property assembly issues
• High market risk & competition from greenfield areas or
• Inadequate public infrastructure, roads/transportation or public amenities
• The locally designated area must qualify under the statutory definition of a
Redevelopment Area

Criteria for designation as a Redevelopment Area
Below in italics are excerpts from the Georgia Code that address part of the justification for a geography to be classified by
the City Council as a Redevelopment Area to be eligible for the exercise of redevelopment powers. A Tax Allocation District
must be entirely located within, but not necessarily include the entire Redevelopment Area.
• Evidence of pervasive poverty, defined as being greater than 10 percent of the population in the area as determined by
current data from the United States Bureau of the Census
• The poverty rate among the redevelopment area families is 10.7%, and 18% among families with children
• High commercial or residential vacancies compared to the political subdivision as a whole
• The vacancy rate for all housing types in the area is a full percentage point higher than city-wide vacancy
• Declining or stagnant rents or sales prices compared to the political subdivision as a whole
• Monthly apartment rents in the redevelopment area are 13% less, and retail rents per square foot are nearly
22% less than the county averages
• A “substantial presence of structures 40 years old or older with no historic significance”, and a “predominance of
structures or buildings of relatively low value” or “significantly slower growth in the property tax digest”
• 480,000 SF of structures or buildings 40+ years old, with an average assessed full value of less than $51/SF
• Based on sales data, commercial property values per SF appear to be declining by nearly 1% per year
• Inadequate Infrastructure
• Existing streets, utilities and parking areas are inadequate to support future
commercial growth and desired mixed-use development
Redevelopment Area Characteristics
• Relevant demographic characteristics Proposed Redevelopment Area Boundaries
• Estimated population of 7,700 in 2,979
households (26% of the City population)
• Rate of population and household growth in
the TAD has been 1% slower than the City
average since 2010
• Home ownership rate is 18% below the City
average - 49% of housing units are renter
occupied
• Population is younger than the City as whole,
with a higher percentage of children and
lower percentage of elderly residents
• Median owner-occupied housing value is
29.7% lower than the City and 37% lower
than the County medians
• Median age of the housing stock is 3 years The proposed redevelopment area qualifies under the definition of a
older than the City ‘deteriorating area’ with some pockets also exhibiting characteristics of a
• Median household income in the redevelop- ‘blighted or distressed area.’ It can also be argued that the center of
ment area ($58,536) is 12.9% lower than the Downtown Stockbridge currently possesses ‘inadequate infrastructure’ to
City and 26.6% lower than the County support the City’s plans and vision for its downtown.
median incomes, respectively

5 5
Defining the Tax Allocation District (TAD)
• A TAD is a map containing a specific list of tax parcels within a designated
Redevelopment Area where cities or counties may use tax increment financing (TIF) as
an incentive to attract private investment
• Communities have discretion to determine how these incentives can be used for eligible purposes
allowed by law
• The redevelopment plan forecasts potential future revenues from the TAD and outlines the City’s
priorities for using those funds to incentivize redevelopment. Contents of the plan are not binding on
the City
• Creating a TAD does NOT:
• Impose tax increases on, or grant abatements to, developers or property owners within that district
• Have anything to do with eminent domain or urban renewal
• Authorize bond issues or City spending – those decisions are entirely separate and come much later
• Bind the County or School District to participate UNLESS those elected officials vote to consent
• Entitle any property in the TAD to receive public funds for any purpose
• An application procedure for property owners/developers to request TAD funding is typically established by the
redevelopment agency after the TAD is approved and terms of County/School District consent are known
Proposed Stockbridge TAD #1
•The proposed TAD includes 345 parcels and 506 acres,
containing an estimated 2022 tax digest of just under $35.9
million
• The TAD includes less than 3.4% of the City’s total digest
• 1.24 million SF of existing buildings and structures
• Average age of all structures - 1970
• 653,687 SF of taxable
commercial buildings
• Average age 1972,
average taxable full
value $74.67 per SF
• 323 Housing units
including 134 single-
family homes
• Average age of single-
family homes 1966,
average taxable full
value $147,440 per
unit
Tax allocation increment generated from any/all parcels within
How a TAD Works the TAD can be spent on eligible redevelopment costs incurred
anywhere within the TAD.
Future incremental property taxes
collected from new development and TAD District
Expires
future growth are directed into a TAD
special fund, earmarked to be used as part
of infrastructure or development funding
to accelerate change within the Tax TAD District
Established
Allocation District.
• All existing property taxes (“base value”) TAD
Expires
continue to go to the County, City and All tax
Incremental
Schools. change in Tax Value. revenue
• Only additional (new) taxes are pledged New tax revenue flows to
flows to special fund general
to the TAD. fund
• Typically, a TAD does not impact

Assessed Value
personal property taxes or sales taxes $ Base Value locked in
unless specifically pledged tax revenue flows to general fund

• County and School District participation
must be secured by consent agreements 10-25 years
ESTIMATED REDEVELOPMENT POTENTIAL

Potential Future Redevelopment Area/Sites
1 Core Downtown
2 Rock Quarry Rd. Extension Residential
3 Downtown West Residential
4 North side of N. Henry Blvd.
5 South side of N. Henry Blvd.
Area 1: Core Downtown
• Existing Conditions
• Total Site Area: 27.0 Acres
• Private taxable building SF: 114,251
• Taxable Market Value: $5,964,200
• Housing Units 16
• Build Out Conditions
• Commercial SF (Mixed-Use): 20,150
• New Commercial Buildings SF: 35,100
• Rehabilitated Commercial SF: 30,900
• Mixed-Use Residential (Units): 220
• Live-Work Units 27
• Townhomes 15
• Single Family Cottage Units 21
• Balance of Area (SF) 80,639
• Taxable Future Full Value: $88.4 million
• Potential Digest Increase: $32.4 million
• Percent Digest Change: 1360%

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Areas 2 & 3: Residential Development Sites
• Existing Conditions
• Total Site Area 117.8 Acres
• Private taxable building SF: 7,235
• Taxable Market Value: $2,227,500
• Current Tax Digest $891,000
• Existing Housing Units 3
• Build Out Conditions
• New Townhomes 162
• New Single-Family Homes 304
• Taxable Future Full Value: $176.8 million
• Average Full Value/Unit: $378,100
• Future Tax Digest: $70.7 million

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North Henry Boulevard Sites
• Existing Conditions
• Total Site Area: 77.9 Acres
• Private Taxable Building SF: 198,800
• Taxable Market Value: $22,705,300
• Housing Units 133
• Build Out Conditions
• New Commercial SF: 163,350
• Rehabilitated Commercial SF: 26,000
• New Multi-Family Apts. (Units): 185
• Rehab Existing Apartments (Units) 128
• New For-Sale Residential (Units) 50
• Balance of Area (SF) 14,205
• Taxable Future Full Value: $90.4 million
• Potential Digest Increase: $27.1 million
• Percent Digest Change: 298%

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Potential Development sites – build out conditions
• Applying reasonable densities and full value assessments to development sites, KBA estimates that
these 5 project sites could support a total taxable full value of nearly $350 million at build out
• Investment in project sites should also have a positive impact on the balance of the TAD where no
specific projects are identified. The bulk of this increase is likely to result from other future investments
to individual parcels and from general appreciation of real estate values surrounding the Project sites
• Implementing all identified projects could potentially increase the total tax digest within the proposed
TAD #1 by $129.5 million or 361% over existing conditions
Total FMV Housing Total Average Full FMV/
Development Estimates in Project Areas @ Build Out Units SF Mkt. Value/SF Housing Unit
New Commercial/Retail Buildings $20,746,800 198,450 $104.54
New Commercial SF in Mixed-Use Buildings $2,317,250 20,150 $115.00
Rehabilitation - Existing Commercial Buildings $4,504,620 56,918 $79.14
New Multi-Family Rental (Mixed-Use & Apts) $85,530,101 405 385,412 $221.92 $211,306
New Residential for Sale (SF & Townhomes) $218,877,701 580 1,216,626 $179.91 $377,418
Rehabilitation - Existing Multi-Family Units $17,280,000 128 144,878 $119.27 $135,000
Total New/Rehab Construction $349,256,472 1,113 2,022,434 $172.69 $313,881
Balance of TAD $64,196,559 784,876 $81.79
Taxable FMV at Build Out $413,453,031 2,807,310 $147.28
Taxable Digest at Build Out $165,381,212
2022 Existing Tax Digest $35,893,424
Digest Change $129,487,789
Percent Change 361%
Potential TAD Increment
• With a modest allowance for additional development in the rest of the TAD, the total digest could approach $174 million
by 2032 - generating annual tax allocation increments of more than $3.8 million if all jurisdictions consent at 100%.

All Projects Annual @ Build Out 15 Years 20 Years 25 Years 30 Years
Total TAD Increments (all Jurisdictions) $3,858,377 $38,720,929 $60,917,833 $84,833,237 $110,445,977
Cash Flow Discounted @ 6.0% $19,983,583 $27,331,172 $33,248,034 $37,983,801
* Totals assume full County and School District consent.
Source: Henry County Property Records, City of Stockbridge and KB Advisory Group, Inc.
Estimated Total Real Property Tax Collections: Stockbridge TAD #1
• Total TAD revenue over 25-30
$7,000,000

$6,000,000 years is enough to leverage a
$5,000,000
$33 to $38 million “up-front”

Estimated Annual Real Estate Taxes
contribution to capital costs on
$4,000,000
a net present value basis IF
$3,000,000 both the County and School
District consent to participate.
* The forecast also applies a
$2,000,000

$1,000,000 2.0 mil City tax rate beginning
no later than 2024.
2022202320242025202620272028202920302031203220332034203520362037203820392040204120422043204420452046204720482049205020512052
City Taxes County Taxes School District Taxes Maximum TAD Increment
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Potential Uses of TAD proceeds
•The redevelopment plan must Estimated Total Capital
address desired uses of future Tax Eligible Redevelopment Costs % Allocation Cost
Allocation Increment generated 1 Roads and Infrastructure Improvements 15% $4,500,000
within the TAD. This table provides a 2 Public Parks & Amenities 5% $1,500,000
hypothetical scenario that assumes 3 Contributions to Structured Parking 25% $7,500,000
the potential to leverage $30 million 4 Rental Housing Rehabilitation Incentives 15% $4,500,000
in future contributions to capital
5 Direct Incentives - Catalyst Projects 40% $12,000,000
costs. Additional input from the City
TOTALS: (Rounded) 100% $30,000,000
will be helpful in refining these
proposed uses. Source: City of Stockbridge and KB Advisry Group, Inc.

• Roughly $12.0 million could be used to support early catalyst projects directly, with an additional $4.5 allocated as
available to improve existing rental housing over time
• This proposed allocation of $6.0 million as a contribution to public improvements including streets, utilities, multi-use
trails and public park space
• This scenario sets aside the remaining $7.5 million for the eventual construction of additional downtown parking
structures to support mixed-use development in the core downtown area
• Recommended allocations in this table are a conceptual guideline and may be altered as priorities change in the future

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Other redevelopment plan components
• The Draft Plan proposes that City Council retain power as the Redevelopment Agency – with authority
to delegate implementation tasks to the DDA and/or URA as needed in the future
• Addresses consistency with the City’s zoning and Future Land Use Map
• Affirms the City’s commitment to follow local and State historic preservation policies and guidelines
• Establishes a potential 30-year life for the TAD
• Provides the City with flexibility to use different approaches to finance future redevelopment projects –
including issuing bonds
• ONLY pledges real estate tax allocation increments to the TAD - NO personal property or sales taxes
• Includes a “School System Impact Analysis” on the Henry County School System
• Lists individual TAD Parcels in the appendix

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Plan adoption and TAD Approval process
Define the Boundaries of District

• November 21: Draft Redevelopment Plan
Initial TAD Financial Analysis
delivered to the City.
• November 29: City TAD public Hearing. Plan Draft a Redevelopment Plan We are here
changes (if needed) can be incorporated before
and after the scheduled public hearing.
Hold Public Hearing(s) (11/29)
• December 12: The City Council votes on a
resolution to adopt the Redevelopment Plan
City Council Adopts the Plan/TAD (12/12)
and create the TAD.

• December 14: If approved, the City submits a request Request to DOR to Set Base Value
to the County Assessor to certify the accuracy of TAD
parcel values and the TAD base digest for submission
County & School District Consent
to the Department of Revenue
• December/January: The City requests – begins • First Quarter 2022: City seeks County and School District consent.
negotiations for County and then School District Development agreements can be negotiated with applicant(s)
Consent. once the terms of County and School District Consent are
• January 2022: The Commissioner of Revenue returns approved. The City Council can also adopt policies and procedures
a letter certifying the TAD Digest as of 12/31/2022 for evaluating/processing requests for TAD funding from private
parties.
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3. Public Financing/Tax Increment Financing E: gary@kbagroup.com

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TERMS and LIMITING CONDITIONS
• Accuracy of Report: Every reasonable effort has been made to ensure that the data developed in this assignment reflect the most accurate and
timely information possible and is believed to be reliable. This consulting assignment was based on estimates, assumptions, and other information
developed by KB Advisory Group (“KBA”) from its independent research efforts, general industry knowledge, and consultations with the client for this
assignment and its representatives. No responsibility is assumed for inaccuracies in reporting by the client, its agents or representatives, or any other
data source used in preparing or presenting this study. The research and reports are based on information that is current as of the date of the report.
KBA assumes no responsibility to update the information after the date of the report. The research may contain prospective financial information,
estimates, or opinions that represent our view of reasonable expectations at a particular point in time, but such information, estimates, or opinions are
not offered as predictions or assurances that a particular outcome will occur. Actual results achieved during the period covered by our prospective
analysis may vary from those described in our research and report, and variations may be material. Therefore, nor warranty or representation is made
by BKA that any of the projected values or results contained in the work product from this assignment will actually be achieved.

• Usage of Report: The research product may not be used, in whole or in part, in any public or private offering of securities or other similar purposes
by the client without first obtaining the prior written consent of KBA.

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