---
date: 2001-04-30
title: April 30, 2001 Minutes
source: 2001-04/2001-04-30_April 30, 2001_Minutes.pdf
pages: 1
---

April 30, 2001

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA APRIL 30, 2001

A Special meeting of the Stockbridge City Council was held April 30, 2001 at 7:30 P. M. and MayorR.G.Kelley
presided. Members present were Harold Cochran, Fred Evans, W.A.Gardner, Ronnie Simmons and Fletcher
Turner.

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

Welcome guests.

PLANNING AND ZONING

MULTI-FAMILY CORRIDOR OVERLAY DISTRICT ORDINANCE. A. J. Welch, City Attorney, advised
Council that amendments to the Multi-Family District would setout an overlay district that would allow higher
development or a higher density of apartments and multi-family dwellings in a certain corridor area along I-
75 and between I-675 and I-75. Mr. Welch said that Rodney Heard just called and said the Planning and
Zoning Board tabled this item and did not vote on this item at their meeting tonight.
The Council cannot vote up or down until they vote on it. If they don’t vote at their next meeting, then the
Council could take it up and make a decision on that part of it.
The Planning and Zoning Commission did vote on the Amendment to Section 3-7-149 of the Henry County
Zoning Code. Mr. Welch prepared two amendments. One deals with the Multi-Family Residential
Ordinance that we presently have. We presently have four (4) units per acre and we have certain size
criteria for the apartments, etc. None of that changed, however that we have had requests that the
developers be allowed to increase the density by going up, not covering the ground but going up. If you
can build four (4) units per acre with a two-story building, then you can build eight units per acre if you went
up three (3) or four (4) stories depending on the circumstances. This ordinance would allow them to go up
to eight (8) units per acre but they would have to go up. The ground area will still stay the very same as it
was as if it was four (4) units per acre. In order to do that, they have got to provide additional services to
the people that live there in the community. The way it’s drawn now, you have got a multi-family
development consisting of twenty (20) units or less. The number of units normally permitted in a section,
you will have to build a clubhouse with a minimum of one thousand (1,000) square feet, a junior size Olympic
size pool, one tennis court, one full size and one half-size basketball facilities. If you went from twenty-one
(21) to one hundred (100) units, then you would have to have fourteen hundred (1,400) square feet of
clubhouse, junior olympic size pool, one tennis court, one (1) full size and one (1) one-half (½) size
basketball facility. A trail with a minimum of twenty-four (24) lineal feet and a field that could be used for
soccer and football in combinations. If you went for units of one hundred and one (101) or more, then you
have the fourteen hundred (1,400) square foot clubhouse, the junior olympic size pool, one tennis court,
one (1) full size and one (1) one-half (½) size basketball court, twenty-four hundred (24,000) lineal feet of
trail, a field that could be used for soccer and football combination, a little league baseball field and a
regulation softball field. That will provide the facilities for the people living in the apartments. The apartment
owner are required to maintain the facilities and once you approve the zoning for a specific area then the
owner cannot convey off part of that land. It has to be left in a natural state and it has to be maintained by
the owner of the apartments. It is not the responsibility of the City to maintain those facilities for the
neighborhood.
There have been some issues raised on how we compute the usable acres. As it stands right now, you
take out the flood plain area. Example: If you have one hundred (100) acres of land and fifty (50) acres
was in the flood plain and fifty (50) acres was good land, you would only have four (4) units per acre over
fifty (50) acres for a total of two hundred (200) units. You get no credit for what is in the flood plain. There
has been a request made that we change that to allow them to at least to get some percentage of credit for
that. Example: If you use a fifty (50) percent ratio, and you have fifty (50) acres of flood plain then you
could only count twenty-five (25) acres, the other twenty-five (25) could be counted but it would have to be
set aside and your units would go up by that twenty-five (25) acres, so that would be one hundred (100)
units more that could be on that fifty (50) acres but they would fall in the numbers where they have got to
provide the recreational facilities to that. The only other thing that was left out of this is that no decision has
been made is whether or not the Council is going to require that the facilities will be all brick and that has
been left blank too, or will the Council allow a combination of brick and wood for the exterior of the units.
Those are the issues that need to be decided tonight or study it until the next meeting.
Mayor Kelley said that the reason this meeting was called was waiting on Planning and Zoning to do what
that should have already done. Now they say they didn’t do it today and they are going to wait until
whenever. Mr. Welch said they tabled it to their next meeting to study the ordinance. The Planning and
Zoning Commission went on and voted on this ordinance and they recommended that the Council not
approve it. On the Corridor Overlay Ordinance they wanted to study it and hear more from the planners
about it. The Planning and Zoning Commission can table it only once. When you adopt something, you of
course want it to be legally correct and enforceable. If the Commission recommends that you deny, all it
is, is a recommendation and the Council is not bound by that recommendation.
Ted Strickland asked if the Council could approve anything on this tonight? Mr. Welch responded that the
Council could approve Amendment to Section 3-7-149 of the Henry County Zoning Code. If approved, the
Summit would be allowed to build eight (8) units per acre and they would have to go up with them. The
corridor ordinance only applies to a certain area but Section 3-7-149 applies citywide. If someone else
wants to come in and build eight (8) units per acre as long as they provide the amenity package.
Mayor Kelley asked if this ordinance is adopted, could the Summit go ahead because of their money
situation? Mr. Welch answered affirmative.
Councilman Simmons stated that the question is whether the construction will be brick vs. frame? Jim Crist,
the developer, stated that the standard motif they use is an extensive amount of rock, which is more
expensive than brick. Councilman Simmons said the combination could be a combination of masonry and
other material for the exterior wall. The facility would contain a minimum of fifty (50) percents brick, rock,
stucco or wood.
Ronnie Simmons made a motion to have the ordinance read a minimum of fifty (50) percent brick, rock,
stucco or wood on the exterior design seconded by Fletcher Turner, and passed unanimously. (This motion
rescinded later in this meeting.)
Mr. Welch advised Council that they need to decide if they are going to give any credit on the flood plain.
He pointed out that the Council does not have to give any credit if they don’t want to. Mayor Kelley said
they have kept this type situation to a minimum in the past. Developers would have fifty (50) acres of flood
plain with ten (10) acres of buildable land and want to build four hundred (400) units.
Ted Strickland stated that the Livable Centers Initiative recommends going up with the construction of the
apartments and use those areas to build green space. Mr. Welch said if the Council gives them credit on
the flood plain of fifty (50) percent or twenty-five (25) percent or whatever the Council wants to give them.
The calculation would start out with fifty (50) acres of usable land and you got fifty (50) acres of flood plain,
you could count that toward your density, fifty (50) or twenty-five (25) percent whatever the Council wants
to count and that would allow them to increase the density here but it all has to go up. It cannot be spread
out and that is what the City is trying to accomplish.
Jim Crist explained that all of the green open space would be around the outside perimeter of the
development. It is a ratio of about forty-five (45) percent in green area. They have the required recreational
area. The flood plain situation to a developer is not that critical on what we are wording because we stay
away from that anyway. The guideline is good and the only other item that he would like to call to their
attention is the ratio between masonry and other type of finishes is critical to them. There are some
magnificent finishes out that are not just sheeting but are very attractive and expensive. The other thing is;
if you tie down your masonry to fifty (50) percent, they have so many balconies that are a very attractive
part of their design. If the balconies are forced into some type of masonry as far as the railings, etc. are
concerned, that really blows their plans. They are open for suggestions because they have to come up
with a top-notch product because they are going for high rental. They will try to live with whatever ratio the
Council sets. Mr. Crist informed the Council that they are not in the vinyl siding business at all because
they have found that their lenders like the rock.
Mayor Kelley said he would like to see the ordinance reflect a case-by-case decision on the required green
space. Each construction site and construction plans are different because some of the green space can’t
be used for the children to play or anything else.
Mr. Welch recommended leaving the flood plain issue out of the ordinance and leave it the way it was and
when the issue comes up, the Council can grant a variance on a case-by-case basis. What he was trying
to do was get a calculation where the Council would not have to deal with it on every time a flood plain
issue comes up. If the Council wants to grant a variance case, that’s fine.
Councilman Gardner asked if recreation and parks could be built on a flood plain. Mr. Welch responded
that a flood plain can be used for recreation but wetlands cannot.
Ronnie Simmons made a motion to leave the flood plain as it is in the existing ordinance and the Council
will consider a variance on a case-by-case basis; W. A. Gardner seconded, and passed unanimously.
The Council returned to the subject of masonry construction. Councilman Simmons suggested the exterior
walls be fifty (50) percent masonry, brick or rock and the balconies could be of wood structure and not count
against the wall measurements.
Ronnie Simmons made a motion to rescind the first motion to have the ordinance read a minimum of fifty
(50) percent brick, rock, stucco of wood on the exterior design; seconded by Fred Evans, and passed
unanimously.
Ronnie Simmons made a motion that the exterior walls of a structure must consist of a minimum of fifty (50)
percent brick or stone the balcony and exterior wall of the balcony can be of wood, stucco or masonry
product; Fletcher Turner seconded, and passed unanimously.
Ronnie Simmons made a motion to approve the amendment to the Henry County Zoning Code Section 3-
7-149 RM: Multiple-family residence district; Fred Evans seconded, and passed unanimously.
This motion will incorporate what the Council voted for on Section 3-7-149. Mr. Welch will make the
appropriate corrections on the draft.

WATER SUPPLY WATERSHED DISTRICT ORDINANCE will not be heard at this meeting. A.J. Welch
explained to the Council that this ordinance was adopted earlier.

WETLAND ORDINANCE The Department of Communities Affairs requires adoption of this ordinance.
Henry County Planning and Zoning met on this earlier tonight and recommends the Council adopt the
Resolution of Transmittal to forward a copy of the Wetland Ordinance to DCA for their review.

Ronnie Simmons made a motion to adopt the Resolution of Transmittal to forward a copy of the Wetland
Ordinance to DCA for their review. Fred Evans seconded, passed unanimously.

GROUNDWATER RECHARGE ORDINANCE. This ordinance is to protect the groundwater and to protect
the City wells. This is required by the Department of Community Affairs to be in effect to keep the City’s
Qualified Local Government status.

Ronnie Simmons made a motion to adopt the Resolution to send a copy of the Groundwater Recharge
Ordinance to DCA for review; Fred Evans seconded, and passed unanimously.
GEORGIA SOLID WASTE MANAGEMENT ORDINANCE. Qualified Local Government (QLG) under the
Georgia Solid Waste Management Act (Advertised but will not to be considered at this meeting.)

W. A. Gardner made a motion to table; Harold Cochran seconded, and passed unanimously.

APPLICATION FOR ANNEXATION:

PARK CREEK-HENRY COUNTY, L.P., c/o Easlan Capital of Atlanta, Inc., 250 Evergreen Terrace request
initial zoning from RM (multi-family) unincorporated Henry County to RM (multi-family) within the City of
Stockbridge. The property is located in Land Lot 12 of the 6th District on the south side of Evergreen Terrace.
The property contains 26.03 acres and the request is for annexation into the City of Stockbridge.

Ronnie Simmons made a motion to approve initial zoning from RM (multi-family) unincorporated Henry
County to RM (multi-family) within the City of Stockbridge; Harold Cochran seconded, and passed
unanimously.

Ronnie Simmons made a motion to approve application for annexation; Harold Cochran seconded, and
passed unanimously.

Ronnie Simmons made a motion to adjourn; Fletcher Turner seconded, and passed unanimously.
Meeting adjourned at 8:15 P. M.

Respectfully submitted,

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