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date: 2021-12-16
title: Planning Commission Meeting Agenda Packet
source: 2021-12/2021-12-16_Planning Commission Meeting_Agenda Packet.pdf
pages: 1
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Stockbridge
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.

AGENDA
ZONING ADVISORY BOARD MEETING
Thursday, December 16, 2021 6:30 PM
Board Members Administration
Askia Abdullah, Chair
Harold Thibodeaux, Vice Chair Brecca Johnson, Community Development
Stanley Dumas Director
Kathleen Nelson Linda Logan, Senior Planner
Melinda Davies, Planning/GIS Technician
David Planchon Gordon Linton, Planner l
Vacant Quinton G. Washington, City Attorney

I. Call to Order
II. Invocation
III. Pledge of Allegiance
IV. Roll Call Present Absent

Askia Abdullah
Stanley Dumas
Louis Goglia
Dr. Renata Hannah
Shirley Wallace

V. Adoption of the Agenda
VI. Approval of Minutes -- December 2, 2021
Approval of Minutes December 2, 2021

4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770) 389-7900
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ADOPTION OF REVISED PLANNING COMMISSION BYLAWS

Item # 1 - Adoption of Revised Planning Commission Bylaws
Presented by:

PROJECT UPDATES

STAFF COMMENTS

BOARD COMMENTS

ADJOURN

4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770) 389-7900
City of Stockbridge
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.

SUMMARY MINUTES
PLANNING COMMISSION
THURSDAY, December 2, 2021 at 6:30 p.m.

BOARD MEMBERS (6): ADMINISTRATION:
Askia Abdullah, Chairman Brecca Johnson, Community Dev. Director
Harold Thibodeaux, Vice Chairman Quinton Washington, City Attorney
Stanley Dumas Vanessa Holiday, City Clerk
Kathleen Nelson Randi Rainey, Deputy City Clerk
David Planchon Linda Logan, Senior Planner / PC Sect’y
Rodney Hornes Gordon Linton, Planner I

I. CALL TO ORDER—Made by Chairman; 6:30 PM.

II. INVOCATION—Given by Stanley Dumas.

III. PLEDGE OF ALLEGIANCE

IV. ROLL CALL (6 members)—Taken by Ms. Logan. Present Absent

~ Askia Abdullah X

~ Harold Thibodeaux X

~ Stanley Dumas X

~ Kathleen Nelson X

~ David Planchon X

~ Rodney Hornes X
A quorum of board members was achieved.

V. ADOPTION OF THE AGENDA

Ms. Johnson stated that two items have been withdrawn by the applicant and need to be
removed from the agenda. They are: RZ-2021-02 and CP-2021-02. With this amendment,
David Planchon made a motion to adopt the agenda and Harold Thibodeaux seconded the
motion. A vote was taken, and the motion passed unanimously.

VI. APPROVAL OF MINUTES – October 28, 2021 Action Minutes

Stanley made a motion to approve the minutes and Harold Thibodeaux seconded the
motion. A vote was taken, and the motion passed unanimously.

VII. WELCOME OF NEW PLANNING COMMISSION BOARD MEMBER,
RODNEY HORNES
To be presented by Brecca Johnson and Chairman Abdullah.

Ms. Johnson stated that Rodney Hornes was appointed by the City Council as the
newest Planning Commission board member. Chairman Abdullah welcomed Mr. Hornes,
and other board members also welcomed him.

VIII. REVISIONS TO PLANNING COMMISSION BYLAWS – Discussions and decisions
on possible revisions to the existing Bylaws.
To be presented by Brecca Johnson and Linda Logan.

The Planning Commission board members discussed various issues from the existing
Bylaws for possible revisions. Ms. Johnson stated that the Planning Commission adopts
its own Bylaws, rather than the City Council adopting them. The issues and the decisions
that were made are listed below. Ms. Logan mentioned the “Summary of Comments”
document which listed the comments that board members had made during their informal
discussions with Ms. Johnson and Ms. Logan, which were done via Zoom on November
11, 12, and 15, 2021.

After the discussion, Stanley Dumas made a motion to adopt the revisions to the Bylaws
that were discussed plus the Summary of Comments document, and Kathleen Nelson
seconded the motion. A vote was taken, and the motion passed unanimously. The
revised Bylaws document is to be typed, showing the Board’s agreed-upon changes, and
it is to be presented at the next meeting for adoption.

Bylaws Issues That Were Discussed

1. Meeting Schedule—The Board members discussed whether to continue meeting on
the fourth Thursday of each month, or whether to meet on the third Thursday, which

City of Stockbridge, Georgia Planning Commission Agenda for December 2, 2021 2
the Bylaws call for. David Planchon made a motion to continue meeting on the fourth
Thursday, and Kathleen Nelson seconded the motion. A vote was taken, and the
motion passed unanimously.

2. Board Membership—The Board members discussed the number of members to
comprise the Planning Commission. Although a full board has consisted of six
members during the past two years (except for short periods), the Bylaws state that it
shall be comprised of seven members. David Planchon remarked that having seven
members would allow the Chairman to break a tie. But the Board members decided
to keep the membership at six members, and they specified that the Chairman would
only vote if there was a tie.

3. Attendance—This issue was brought up by Kathleen Nelson. Chairman Abdullah said
that three absences should be allowed annually for a board member, after which an
explanation would be needed. Harold Thibodeaux stated that an emergency should
be allowed. Chairman Abdullah clarified that upon the fourth absence, the board
member must provide an explanation to the Clerk for his or her absence from the
meetings.

4. Meeting Materials—Chairman Abdullah said that associated meeting materials must
be distributed by the Staff and received by the board members at least one week prior
to the Planning Commission meeting. David Planchon further stated that if any
applicant makes any changes to his or her development proposal after one week prior
to the meeting, then the associated agenda item would be postponed until the next
Planning Commission meeting.

5. Meeting Time—The Board members decided to continue meeting at 6:30 p.m., even
the City Council begins its meetings at 6:00 p.m. The 6:30 meeting time would be
more convenient for Board members and the public alike.

6. Meeting Format—Linda Logan asked whether the board members wished to continue
meeting via Zoom, since the City Clerk had informed her that the Board may make its
own decision on how to meet. Kathleen Nelson stated that she favors the continuation
of Planning Commission meetings via Zoom. Chairman Abdullah agreed, stating that
this would allow a greater commitment of board members to attend the meetings,
eliminate traffic delays, and that there would be no need to be absent. Harold
Thibodeaux stated that board meetings should continue to be held by Zoom due to the
new corona virus variants which have developed, and Chairman Abdullah agreed that
Zoom meetings would limit board members’ exposure. Zoom meetings would be
effective and convenient. Stanley Dumas agreed with these comments. He also
remarked that there has been little public attendance anyway for meetings which have
been held in the Council Chamber. Mr. Planchon made a motion to continue meeting
via Zoom throughout Year 2022, and Mr. Dumas seconded the motion. A vote was
taken, and the motion passed unanimously.

7. Staggering of Terms—The board members discussed the concept of seniority relative
to the staggering of terms for the chairmanship of the Planning Commission. The

City of Stockbridge, Georgia Planning Commission Agenda for December 2, 2021 2
board members decided that a new member may not be elected as Chairman or Vice-
Chairman.

8. Term of Chairman—The board members decided that the chairman would serve an
annual term.

9. Nomination of Chairman—The board members discussed the issue of whether the
existing chairman would be allowed to nominate himself or herself. Harold Thibodeaux
stated that this should not be allowed, and that there should be a term limit.

10. Acknowledgement of Speakers—Chairman Abdullah stated that a speaker should be
acknowledged at the time of speaking. Ms. Logan emphasized the need for this so that
the Secretary could know and accurately state in the meeting minutes who was
speaking. This is especially important whenever a motion is being made and
seconded.

-- NOTE: The board members did not take a vote on every item that was discussed,
but they came to an agreement on each item. An overall vote was then taken at the
end of the discussion to include all of the issues that were discussed, as it was stated
above.

VIX. ADOPTION OF THE PLANNING AND ZONING SCHEDULE FOR 2022
To be presented by Brecca Johnson and Linda Logan.

The board members discussed the 2022 Planning and Zoning Schedule as part of their
discussion on the Bylaws revisions above. Ms. Logan stated that the draft 2022 Schedule
was prepared to reflect the two requirements: 1) that there must be at least 45 days from
an application filing deadline to the Planning Commission meeting; and 2) public notice
must be made at least 15 days before the Planning Commission meeting. She also
stated that in November and December, meetings could not occur on the fourth Thursday
due to the Thanksgiving and Christmas holidays.

David Planchon made a motion to adopt the 2022 Schedule, whereby Planning
Commission meetings would occur on the fourth Thursday of each month, except for
November and December, when the meetings would be held on the third Thursday
instead. Kathleen Nelson seconded the motion. A vote was taken, and the motion
passed unanimously.

X. REZONING CASE #RZ-2021-02 -- The City of Stockbridge Planning Commission and
the City of Stockbridge Mayor and City Council will hear a Rezoning Request by Samir
Patel, the Applicant, represented by Sibley-Miller Surveying, the Agent, to rezone
certain property from PTD (Planned Town Development) to MUND (Mixed-Use
Neighborhood Development) to allow for the development of several commercial
buildings and a townhome community. The property is located in Land Lots 100 and
101 of District 12 within the Stockbridge City Limits. It contains two parcels with 13.52
+/- total acres, as are listed below. The City of Stockbridge Planning Commission

City of Stockbridge, Georgia Planning Commission Agenda for December 2, 2021 2
approved the recombination of the two parcels into one parcel at its February 27, 2020
meeting, but the new plat has not yet been recorded. If the requested rezoning is
approved by the City Council, it would be contingent upon the new plat being recorded.

• Parcel #047-01016001-- Contains 2.64 acres. Located in Land Lot 100 of
District 12, at the southwest corner of East Atlanta Road and Stagecoach
Road.
• Parcel #028-02021005 -- Contains 10.88 acres. Located in Land Lot 101 of
District 12, at the southeast corner of Stagecoach Road and Woodall Road.

NOTE: The applicant has requested that this case be withdrawn.

Ms. Johnson stated that this application has been withdrawn, per the applicant’s
request.

XI.COMPREHENSIVE PLAN AMENDMENT CASE #CP-2021-02 -- The City of
Stockbridge Planning Commission and the City of Stockbridge Mayor and City Council
will hear a Comprehensive Plan Amendment Request by Samir Patel, the Applicant,
represented by Sibley-Miller Surveying, the Agent, to change the future land use
designation of certain property from ‘Low-Density Residential’ to ‘Low-Density Vertical
Mixed-Use’ to allow for the development of several commercial buildings and a
townhome community. The property is located in Land Lots 100 and 101 of District
12 within the Stockbridge City Limits. It contains two parcels with 13.52 +/- total acres,
as are listed below. The City of Stockbridge Planning Commission approved the
recombination of the two parcels into one parcel at its February 27, 2020 meeting, but
the new plat has not yet been recorded. If the requested Comprehensive Plan
amendment is approved by the City Council, it would be contingent upon the new plat
being recorded, as well as the approval of the companion rezoning case, RZ-2021-02.

• Parcel #047-01016001-- Contains 2.64 acres. Located in Land Lot 100 of
District 12, at the southwest corner of East Atlanta Road and Stagecoach
Road.
• Parcel #028-02021005 -- Contains 10.88 acres. Located in Land Lot 101 of
District 12, at the southeast corner of Stagecoach Road and Woodall Road.

NOTE: The applicant has requested that this case be withdrawn.

Ms. Johnson stated that this application has been withdrawn, per the applicant’s
request.

XII. PROJECT UPDATES
To be presented by Brecca Johnson. No action is required.

Ms. Johnson summarized the Bridges at Jodeco project. She stated that it would
contain 306 apartments plus commercial uses. The land disturbance permit was

City of Stockbridge, Georgia Planning Commission Agenda for December 2, 2021 2
approved, and the groundbreaking should take place very soon, with construction to
begin within 30 days. The expected completion date is unknown at this time.

XIII. STAFF COMMENTS
To be presented by Brecca Johnson. No action is required.

Ms. Johnson responded briefly to board members’ inquiries about other projects.

XIV. BOARD COMMENTS

Chairman Abdullah expressed his opinion that the Bridges at Jodeco project would
enhance the quality of life and livability of Stockbridge residents. He again welcomed
Rodney Hornes, whom he noted was a previous member of the Development
Authority.

XV. ADJOURNMENT

Kathleen Nelson made a motion to adjourn the meeting, and the motion was
seconded by Rodney Hornes. A vote was taken, and the motion passed unanimously.
The meeting was adjourned at 7:29 p.m.

City of Stockbridge, Georgia Planning Commission Agenda for December 2, 2021 2
CITY OF STOCKBRIGE
PLANNING COMMISSION BYLAWS
1. BYLAWS

1.1 The City of Stockbridge Planning Commission, (Planning Commission) pursuant to Georgia’s
Zoning Procedure Law, O.C.G.A. § 36-66-1 and City of Stockbridge Code of Ordinances, has
the responsibility for adopting a Master Plan which is a comprehensive long term general plan
for the physical development of the City; recommending development code amendments; and
providing a recommendation or approving specified development applications. In furtherance
of these responsibilities the Planning Commission adopts the following bylaws pursuant to
DCA and from time to time may amend said bylaws. These bylaws are for the benefit of the
City of Stockbridge Planning Commission and do not confer any rights upon third persons.
Robert’s Rules of Order, as amended and applicable, may be used for guidance when a
question or controversy arises that is not answered by these bylaws.

2. ELECTION OF OFFICERS; POWERS AND DUTIES

2.1 The Planning Commission shall be comprised of six (6) board members. At its first regular
meeting in January, the board members shall elect from its membership a Chair and Vice-
Chair and each shall serve for a term of one year, with the Chair eligible for re-election to one
additional consecutive year. The Chair shall not nominate himself or herself for re-election.
In addition, a new board member (one who has served for less than one year) may not be
elected as Chair.
2.2 The Chair is responsible for presiding over the Planning Commission meetings, for placing
items on the agenda as may be requested by the Planning Commission, and for reviewing the
draft agenda. He/she shall exercise general supervision over the business, papers and property
of the Commission and shall execute all formal documents on behalf of the Commission. The
Chair shall only vote on agenda items whenever there is a tie vote.
2.3 The Vice-Chair acts as Chair in his/her absence.
2.4 In absence of both the Chair and Vice-Chair, the quorum present shall appoint a Chair
Pro-Tempore by majority vote.
2.5 The Chair shall recognize members of the Planning Commission, staff and citizens desiring to
speak during meetings. For the record, whenever the board members take a vote, the Chair
shall verbalize the name of the board member who made a motion and the name of the board
member who seconded the motion; shall state whether or not the motion passed; and shall
state what the numeric vote count was.
2.6 All questions and remarks during meetings shall be addressed to the Chair. The Chair may rule
out of order and admonish any person that makes personal derogatory or disrespectful
comments about individual members of the Commission, staff or participants.
2.7 If any person willfully disrupts a Planning Commission meeting, the Chair, after giving a
warning, if reasonable under the circumstances, may admonish him/her or may bar such person
These bylaws serve as the Planning Commission’s rules for transacting business as allowed per the City Code of
Ordinances, as amended.

PLANNING COMMISSION BY-LAWS 1
from further audiences before the Planning Commission during the meeting. If such person
does not remove himself/herself, the Chair may cause the removal of that person for the
Planning Commission meeting.
2.8 The Chair may call for a short recess during a Planning Commission meeting when deemed
necessary.
2.9 Commissioners have a duty to preserve order and decorum at meetings, including:
a. Treating fellow Commissioners, staff, applicants and the public with
professionalism, respect and courtesy;
b. Honoring the role of the Chair in maintaining order;
c. Giving a signal to the Chair indicating they want to speak. The Chair will
acknowledge them before they begin speaking;
d. Efficiently conducting business. Commissioners shall be attentive to the proceedings
and refrain from engaging in private conversations; performing tasks not associated with
the meeting or otherwise delay or interrupt the proceedings;
e. Practicing civility in discussions and debates; and
f. Valuing each Commissioners’ time and opinion. Recognizing Commissioners may
disagree with each other, but they will always respect and value each other as
individuals.

3. MEETINGS, STUDY SESSIONS, AGENDAS AND STAFF REPORTS

3.1 Meetings shall comply with the Georgia open meeting laws, (O.C.G.A.) § 50-14-1, as amended.
3.2 Regular Meetings:
Regular meetings of the Planning Commission shall be held on the fourth Thursday of each
calendar month, except for November and December, when the meetings shall be held one
week earlier, provided that such date is at least 45 days from the application closing date. If
the regular meeting date falls on a holiday (non-judicial day), the meeting shall then be held
on the next business day. The board members may vote to decide whether to hold their
meetings in person or whether the meetings are to be conducted virtually. All regular meetings
of the Planning Commission will be called to order at 6:30 p.m., unless advertised otherwise,
canceled or rescheduled. The Community Development Director will provide notice of any
continued hearing or other unfinished business, as may be required by law.
3.3 Emergency or Special Meetings:
An emergency or special meeting may be called at any time by the Chair of the Planning
Commission or by a majority of the members of the Planning Commission. A special meeting
is convened to address important matters that may arise between regular meetings that require
discussion or action. Written notice shall be provided pursuant to the applicable NRS
provisions. The notice shall specify the time and place of the special meeting and the business
to be transacted. No other business shall be considered at the meeting.

PLANNING COMMISSION BY-LAWS 2
3.4 Study Sessions/Workshops:
The Planning Commission may hold a study session/workshop as part of a regular or as a
special meeting. When an item is scheduled for a study session/workshop, for discussion only,
public comment will be taken as required by the open meeting law. A record of the study
sessions/workshop on specific matters for which public hearings are anticipated shall be
entered into the minutes of any such future public hearings so the record will indicate whether
any information received at the study sessions/workshop was taken into consideration as
evidence at the subsequent public hearings. Informal meetings may be conducted by the Staff
with individual board members to discuss matters or to seek the board members’ opinions or
wishes. Such meetings may be held as long as there is not a quorum of members attending
any one such informal meeting.
3.5 Open and Closed Sessions:
Except as otherwise provided in these bylaws, all meetings of the Planning Commission shall
be open and public, and all persons shall be permitted to attend. The Planning Commission
may hold a closed session during a regular or special meeting, or at any time otherwise
authorized by law, to consider or hear any matter it is authorized by state law to hear or
consider in closed session.
3.6 Quorum:
A quorum shall consist of four Planning Commissioners; however, except those actions
where the minimum number of affirmative votes is specifically set forth in these by-laws.
3.6.1 Should members of the Planning Commission be invited to other meetings or events in their
capacity as a Planning Commissioner, then the Community Development Director will poll the
members to determine which members would like to attend the function. Should a majority of
the Commissioners respond affirmatively then staff shall prepare a notice indicating a quorum
of the Planning Commission maybe attending a meeting or function. Should there not be
enough time for staff to prepare the proper notice then three (3) or less Planning Commissioners
shall be the maximum number that can attend a function. The preference to which
Commissioners can attend a meeting or function will be on the basis of who has responded in a
timely fashion.
3.7 Agendas:
The Community Development Director and the Clerk’s office shall prepare, post, publish and
mail the Planning Commission agenda. Agendas must comply with the Georgia open meeting
law, (O.C.G.A.) § 50-14-1 as amended. At least fifteen (15) days prior to a regular meeting,
notice of a public hearing item shall be posted and/or published as may be required by
Georgia’s Zoning Procedure Law, O.C.G.A. § 36-66-1 and City of Stockbridge Code of
Ordinances.
3.7.1 Any individual Planning Commissioner may request relevant topics be placed on the agenda
provided that the request is timely. At the Chair’s discretion the topic may be postponed, but
no later than the next regular meeting of the Planning Commission.
3.7.2 The Planning Commission may not take action on any item that did not appear on the posted
agenda. The Chair may rearrange the order of items appearing on the agenda, may combine
two or more agenda items for consideration and may

PLANNING COMMISSION BY-LAWS 3
remove or delay an item as he/she may deem necessary or desirable for the conduct of the
meeting. No person shall be entitled to rely upon the order in which public hearing items
appear on the posted agenda, and any public hearing on any agenda may commence
immediately upon the time the meeting is called to order.
3.8 Staff Reports:
When planning staff reports exist, they shall be made public before or at the beginning of any
hearing or meeting. Staff reports shall be prepared with recommendations and the basis for
recommendations, and they shall be included in the hearing record on any application. Reports
or recommendations on applications/requests shall be provided in writing and they shall be
transmitted to the applicant at least three (3) days before any hearing or action on the project
by the Planning Commission. Staff reports and other meeting materials which are relevant to
actionable items on the meeting agenda shall be sent or distributed by the Staff to the board
members at least one week prior to the Planning Commission meeting. Except for requests to
withdraw or table/defer a zoning matter, an applicant must provide any changes to his or her
submittal during the public hearing portion of the meeting.
3.9 Annual Updates of Documents:
The Community Development Department shall provide to the members, on an annual basis,
updated pages pertaining to the master plan, the development code, and the design manual.

4. ETHICS AND GENERAL RESPONSIBILITIES OF PLANNING COMMISSIONERS

4.1 Conflict of Interest:
Planning Commissioners shall comply with state and City regulations related to conflict of
interest.
4.1.1 In connection with matters coming before the Planning Commission, pursuant to Georgia’s
Zoning Procedure Law, O.C.G.A. § 36-66-1 and City of Stockbridge Code of Ordinances, as
amended, discusses three circumstances where disclosure and abstention may be required.
These three circumstances include when a member of the Commission has: received a gift or
loan, a pecuniary interest, or a commitment in a private capacity to others in connection with
the matter, (i.e.: familial relationship, business relationship or close personal friendship).
4.1.2. If a member of the Commission has an ownership interest in property or a project being
considered individually for a master plan amendment, rezoning, special use permit, variance,
tentative map or an entitlement, the member must abstain, but may address the Commission to
discuss facts about the property but must not ask, advocate or give any reasons for or against a
vote.

4.1.3. The Legislature encourages appointed or elected members of public bodies to vote, not abstain:
“Because abstention by a public officer disrupts the normal course of representative
government and deprives the public and the public officer’s constituents of a voice in
governmental affairs the provisions of Georgia’s Zoning Procedure Law, O.C.G.A. § 36-66-1 and
City of Stockbridge Code of Ordinances, are intended to require abstention only in clear cases
where the independence of judgment of a reasonable person in the public officer’s situation
would be materially affected by the public officer’s acceptance of a gift or loan, the public
officer’s pecuniary interest, or the public officer’s commitment in a private capacity to the

PLANNING COMMISSION BY-LAWS 4
interests of others.”

4.1.4 It shall be the policy of the Planning Commission that the appearance of a conflict of interest
is as prejudicial in nature for the credibility of the Planning Commission as an actual conflict
of interest. Planning Commissioners, on behalf of the good of the Planning Commission and
to maintain its public credibility, shall utilize discretion and judgment and should disclose
any appearance of conflict. If a Planning Commissioner is uncertain as to the merit of a
possible conflict of interest, he/she should consult with the District Attorney.

4.2 Communication Outside of the Public Hearing or Meetings:
Planning Commissioners shall be discreet in the discussion of pending matters outside of the
meeting forum. No commitments or prejudicial comments shall be made prior to a public
hearing in advance of any official action.

4.2.1 Commissioners should avoid ex-parte communications with parties who have an interest in a
pending matter or anticipated to be brought before the Planning Commission. Parties should be
encouraged to discuss their comments with staff or at the public hearing rather than privately
with individual Planning Commission members. Unsolicited correspondence and emails
should be preserved so they may be put in the record. Commissioners must disclose all ex-
parte communications.

4.2.2 If during any such ex-parte contacts, a member of the Planning Commission obtains
information that he/she might consider as important when deciding an adjudicative matter, the
Commissioner must assure the information is: already public knowledge, has been included in
the reports or presentations, or disclosed or otherwise brought out at the public hearing so that
interested parties may have an opportunity to comment on it.

4.3 Agenda Items and On-Site Inspections:
Commissioners may find it helpful to physically inspect properties involved in the agenda
items, and this can be accomplished by an individual Planning Commissioner at their
convenience. However, when an applicant arranges for a tour of the property in question in
order to clarify potential issues pertaining to their application, it is strongly recommended that
two or three Planning Commissioners attend jointly.

4.4 Construction and Effect of Planning Bylaws:
No Planning Commissioner(s) shall intentionally set forth to participate in, be party to, or cause
to take place any planning and zoning action which is in violation of the codes over which the
Planning Commission is an administrator. Such intentional action shall be grounds for the
Planning Commission to request that Mayor & City Council to consider removal of that
Planning Commissioner.

PLANNING COMMISSION BY-LAWS 5
4.5 Representations in Public:
At public and private functions at which a Planning Commissioner is present as an individual,
each Planning Commissioner shall be careful to indicate when he/she is representing the
Planning Commission or acting as a private citizen. Unless specifically directed by the Chair to
be a representative of the Planning Commission, members should resist speaking on the
Planning Commission’s behalf.

4.6 Gifts and Gratuities:
Planning Commissioners should not accept any gifts from applicants, representatives of
applicants, or other persons, institutions, associations, or organizations concerned with matters
which have either been or are before the Planning Commission. Even a well-intentioned and
innocent action has the appearance of a conflict of interest.

4.7 Attendance and Preparation:
Planning Commissioners shall make a diligent effort to attend all meetings, and they shall be
properly prepared to discuss the issues calendared for the meetings. Each board member shall
be allowed three absences from Planning Commission meetings per calendar year. Upon the
fourth absence, the board member shall provide an explanation to the Clerk for his or her
absence from the meetings, to be evaluated by the Board to determine whether a call for
resignation is necessary. Planning Commissioners shall also inform themselves concerning
the laws, ordinances, regulations, and policies related to areas under its jurisdiction. Each
member of the Planning Commission who will be unable to attend a meeting of the Planning
Commission must notify the Planning Staff of the Community Development Department and
Chair not later than 5:00 p.m. three days prior to the date of the meeting or at the earliest
opportunity of his/her unavailability.

5. PRESENTATION OF AGENDA ITEMS

5.1 Minutes and Recording:
Hearings on matters before the Planning Commission must be recorded by electronic device or
transcribed and preserved for public inspection for at least a one-year period. Minutes of all
meetings will be formally submitted to the Planning Commission for approval. The minutes
shall accurately reflect the business conducted at the meeting, and shall also include a record of
those Planning Commissioners in attendance. Corrections to the minutes by any Planning
Commission member will be limited to typographical errors or other errors or corrections as
may be determined by listening to the recording. Unless it is decided otherwise by the Chair,
the approval for previous meetings shall precede the regular order of business. Minutes shall be
kept for at least five years and then archived in accordance with Georgia’s Zoning Procedure
Law, O.C.G.A. § 36-66-1 and City of Stockbridge Code of Ordinances.
5.2 Order of Presentation:
Unless the Chair in his or her discretion directs otherwise, the order for presentation of public
hearing items should be as follows:
a. Chair will read the agenda title into the public record.
b. Staff will introduce the item and provide a report, if any. Planning Commission members

PLANNING COMMISSION BY-LAWS 6
may ask questions.
c. Applicant, if any, will have an opportunity to present and address the Planning
Commission. Planning Commission members may ask questions.
d. The Planning Commission may then discuss/comment on the item, including seeking
clarification or asking further questions. Once the Planning Commission has concluded
its discussion, public comment will be allowed.
e. Public comment taken.
f. Once public comment is completed, the Planning Commission, at the Chair’s discretion,
will then allow for rebuttal from staff and the applicant. The Chair shall decide what is
reasonable, and the Chair is not required to afford equal time for each public comment.
g. The Planning Commission will then take action by motion.
Public hearings may be reopened at any time during the meeting to permit additional testimony
and evidence, either to permit reconsideration of an action or for any other reason.
5.3 Evidence:
Hearings and meetings before the Planning Commission need not be conducted according to
formal rules of evidence. Any relevant evidence may be considered if it is the sort of evidence
upon which responsible persons are accustomed to rely in the conduct of serious affairs. The
Chair may exclude irrelevant or redundant testimony and may make such other rulings as may
be necessary for the orderly conduct of the proceedings while ensuring basic fairness and full
consideration of the issues involved.
5.4 Burden of Proof:
The burden of proof of all legal prerequisites to the granting of the relief or action sought shall
be upon the party requesting such relief or action.
5.5 Oral Evidence, Time Limits, and Number of Speakers:
Any person desiring to speak must first be recognized by the Chair. All comments must be
made clearly and audibly, and all speakers must first state their full names and disclose on
whose behalf, if other than themselves, they are appearing. In order to expedite the conduct of
hearings the Chair, as stated on the agenda or as announced at the beginning of public
comment, may limit the amount of time which a person other than the applicant or appellant
may use in addressing the Planning Commission. The Chair may also limit the number of
speakers or amount of testimony upon a particular issue in order to avoid repetitious and
cumulative comments. Except when necessary for immediate clarification of a particular point,
no person shall be allowed to speak a second time until all others wishing to speak have had an
opportunity to do so, and then only at the discretion of the Chair.
5.6 Questioning of Speakers:
Any person other than a Planning Commission member desiring to direct a question to a
speaker or staff member shall submit the question to the Chair, who shall determine whether
the question is relevant to the subject of the hearing and whether or not it should be answered
by the speaker or staff member.
5.7 City Attorney:
Any member of the Planning Commission may request the City Attorney or his or her
deputy to explain the legal principles and standards pertinent to the Planning Commissions’
action on a particular matter. The City Attorney or his or her deputy may further advise the
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Chair on matters of evidence and procedure which may arise, including, but not limited to,
the desirability of closed sessions to discuss pending or potential litigation.

6. MOTIONS

6.1 Motions – Second:
Actions upon an order, resolution, ordinance or other action of the Planning Commission may
be proposed by any member by a motion. The Chair may make a motion only after all other
members of the Planning Commission present have had an opportunity to make a motion on the
question. Before a motion can be considered or debated it must be seconded at which time it
shall be on the floor and must be considered. If not seconded, the motion is lost for lack of
second and shall be so declared by the Chair. For the record, whenever the board members take
a vote, the Chair shall verbalize the name of the board member who made a motion and the
name of the board member who seconded the motion; shall state whether or not the motion
passed; and shall state what the numeric vote count was.
6.2 Withdrawal of Motion or Second:
A motion may be withdrawn by the maker at any time before adoption or rejection, with
consent of the second. A second to a motion may be withdrawn by the seconding member at
any time before adoption or rejection of the motion. The motion will then be lost for lack of a
second and so declared by the Chair unless seconded by another person.
6.3 Discussion, Closure, and Question:
After a motion has been seconded, any member may discuss or comment on the subject or the
motion. The Chair will recognize members of the Planning Commission desiring to speak,
beginning with the motion’s maker, and will protect each speaker from disturbance or
interference. Individual members are encouraged to discuss their views of the evidence and
why they are going to vote for or against the motion. If findings of fact are required for
approval of an item, members are encouraged to individually discuss proposed findings but, at
a minimum, discuss those findings that he/she cannot agree with. When no member wishes to
discuss or comment further, the Chair will call for a vote on the motion.
6.4 Motions for Reconsideration:
Motions for reconsideration of a matter may be made by any member who voted with the
prevailing majority on the matter to be reconsidered. Any member of the Planning
Commission may second a motion to reconsider. Motions to reconsider shall be made in the
same meeting as the original motion. If the matter to be reconsidered was considered a public
hearing, the public hearing will be reopened before additional evidence is received.

7. DECISION-MAKING
7.1 Voting:
Approval of any motion brought before the Planning Commission shall require the affirmative
vote of a majority of the members present, unless otherwise specified by law. Specifically,

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Georgia’s Zoning Procedure Law, O.C.G.A. § 36-66-1 and City of Stockbridge Code of
Ordinances, require a two-thirds vote of the total membership of the Planning Commission to
approve a motion for a Master Plan Amendment.
7.1.1 Tie Votes:
A tie vote results in a failed motion. A tie vote is neither a denial nor approval of the motion. A
denial and an approval are both “actions” requiring a majority vote. The Chair shall not vote
unless there is a tie of the board members who are present. If there is a tie vote and there are
less than six (6) Planning Commissioners present, upon consent of the applicant, the matter
shall be continued to the next regular meeting of the Planning Commission to allow any absent
members to vote on the matter. If the applicant does not consent and the Planning Commission
is not sitting as an appellate body, the Planning Commission may make subsequent motions. If
the matter involves an appeal and an affirmative vote does not occur, the result is that the
decision appealed stands as decided by the decision-maker from which the appeal was taken.
7.1.2 Abstentions:
Abstentions shall not count as votes for the purpose of determining whether there has been an
affirmative vote by the majority of the members present, but shall be counted for the purpose
of determining whether a quorum is present. Planning Commissioners desiring to abstain on a
question shall do so at the time the agenda item is called, and shall state the reason for the
abstention. Upon declaring an abstention, the abstaining member is not allowed to influence
the Planning Commission with respect to the item, and he or she shall retire to the general
public area during the duration of the agenda item’s discussion.
7.1.3 Roll Call:
Voting upon a motion may, at the discretion of the Chair, and shall, upon the request of any
member, be by roll call. When voting is not by roll call, the Chair may, in the absence of
objection of any member of the Planning Commission, declare an item to be unanimously
approved.
7.1.4 Motions Include Staff Recommendations:
A motion to adopt or approve staff recommendations or simply approve the action under
consideration shall, unless otherwise particularly specified, be deemed to include adoption of
all proposed findings and execution of all actions recommended in both the written staff report
on file on the matter and any oral staff report presented during the hearing.

7.1.5 Absences:
A Planning Commission member who is absent from any portion of a hearing conducted by
the Planning Commission may vote on the matter at the time it is acted upon provided the
member has listened to a recording of the entire portion of the hearing from which he/she was
absent, has examined all of the exhibits presented and states for the record that the member
deems himself/herself to be as familiar with the record and with the evidence presented at the
hearing as he/she would have been had they personally attended the entire hearing.

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7.2 Findings:
On any matter for which state law or City ordinance requires the preparation of written
findings, the staff report submitted on the matter will contain findings proposed for adoption
by the Planning Commission. Any motion directly or implicitly rejecting the proposed findings
must include a statement of alternative or modified findings.
7.3 Continuances:
An applicant, City staff, member of the public, or member of the Planning Commission, may
request a continuance on a particular item at the time set for hearing or after hearing
testimony. Consistent with Georgia’s Zoning Procedure Law, O.C.G.A. § 36-66-1 and City of
Stockbridge Code of Ordinances, the Planning Commission may consider and order the
hearing to be continued to a specified date and time. At the Chair’s option, if a continuance is
granted, the Planning Commission may still accept public testimony.

8. NEW AND SUPPORTING MATERIAL

8.1 Submittal of Materials with Applications:
It shall be the policy of the Planning Commission that staff is directed not to schedule a
matter before the Commission until such time that staff has determined that all required
information has been submitted in a form and manner consistent with Georgia’s Zoning
Procedure Law, O.C.G.A. § 36-66-1 and City of Stockbridge Code of Ordinances, and the
policies of the Commission.
8.1.1 Staff is directed by the Commission that if an applicant who has submitted an incomplete
application insists that the project go before the Commission, staff shall recommend denial
on the basis of incomplete information in order to make the required findings to consider
approval of the project.
8.1.2 The Commission may accept staff’s recommendation for denial, or it may elect to continue
the matter to a later date in order to receive complete information. If the applicant refuses to
provide additional information, the policy of the Commission shall be to deny the project.
8.2 Major Revisions to Projects Occurring Between the Planning Commission Submittal
Cut-Off Date and the Date of the Commission Hearing:
It shall be the policy of the Planning Commission that if a project applicant makes a major
change or revision to the scope or content of an application; including providing voluminous
and/or technical supporting documentation after the closing date for receipt of application
materials and prior to the Planning Commission hearing, the Director of Community
Development or Planning Staff shall request correspondence from the applicant for a
continuance of the matter to the following month’s meeting to adequately review the nature
of the changes/revisions or materials.

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a. Any changes or materials submitted by the applicant are to be considered “major”
should it result in a change in design, site plan, or supporting documentation, which
requires the materials to be re- circulated to reviewing agencies, reviewing City
departments, including the Community Development or to be re-noticed.
b. The Director of Community Development shall determine whether the changes or
materials are “major changes to the scope or content of an application” or only the
submittal of additional information which satisfies issues or questions raised by a
reviewing agency, department or planning staff.
8.2.2 In the event that an applicant does not agree to a continuance, the Director and staff shall
recommend denial based on inadequate time to review the submitted changes/materials to
determine appropriate findings as required by the Georgia’s Zoning Procedure Law, O.C.G.A. §
36-66-1 and City of Stockbridge Code of Ordinances.

8.2.3 New materials should be submitted and received in the office of the Community
Development Department not later than seventy-two (72) hours before the commencement
of the meeting at which they are proposed to be considered. Such materials shall be of a
supplementary nature and not be critical (such as a revised site plan) to the public decision-
making process.
8.3 Supporting Materials Submitted at the Commission Hearing:
If supporting material, either for or against an item, is provided at the time of the public
hearing, a minimum of 10 copies of the supporting material shall be provided to the Deputy
Clerk responsible for maintaining the meeting record for distribution to the members of the
Planning Commission, Community Development staff and the public, provided that the
public hearing is being conducted in person.

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