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date: 2002-08-12
title: August 12, 2002 Minutes
source: 2002-08/2002-08-12_August 12, 2002_Minutes.pdf
pages: 1
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August 12, 2002

HARTY KILGORE

MINUTES
AUGUST 12, 2002

Rezoning:

HARTY KILGORE OF ATLANTA, GEORGIA requested rezoning from C-2 (general commercial) to M-1
(light manufacturing) in Land Lots 59 and 70 of the 12th District for property located 5334 North Henry
Boulevard adjacent to existing mini warehouses. The property contains 2.82 acres and the request is for
self storage and mini warehouses.

Horace Freeman, Planner, Henry County Planning and Zoning advised Council that the Planning Board
Commission recommends denial of the request from C-2 to M-1 and approval of the request from C-2 to C-
3 as submitted by Harty Kilgore with the following conditions:

1. All buildings shall be constructed of brick, stone, stucco, glass or any combination thereof.
Planning and Zoning Staff shall architecturally review of all proposed buildings prior to the issuance of a
building permit.

2. Signage not attached to any structure shall be monument based and shall have consistent
character and design details that reflect the architectural design of the project.

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

4. Any dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides. The
enclosure shall be constructed of brick, stone, stucco and any combination thereof provided it is consist
with the primary structure, and shall be a minimum of eight (8') in height.

Steve Fincher, Attorney, representing Harty Kilgore the applicant, explained to the Council that Mr. Kilgore
is asking that this small piece of property be rezoned so he could expand his existing mini-warehouse
operation behind the Big Ten Tire Store. The expansion will be served by the driveway that currently
exists. There will be no other access except through the existing development. The 2.8 acres will be
approximately twenty-two (22') feet below the Quick Trip Service Station and you will not be able to see the
expansion from Highway 138.

They applied for M-1 zoning but the Planning Staff advises C-3 zoning. All of the conditions proposed by
staff are also acceptable to Mr. Harty.

Mayor Kelley recommended approval of the request for rezoning to C-3 with conditions.

Harold Cochran made a motion to approve request for rezoning to C-3 with the four (4) conditions
recommended by Henry County Planning Staff; seconded by Fred Evans, and passed unanimously.
REGULAR MEETING

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA AUGUST 12, 2002

The Regular Meeting of the Stockbridge City Council was held on August 12, 2002 at 6:00 P. M. MayorR.G.
Kelley presided and 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.

Harold Cochran made a motion to approve minutes of July 8, 2002 Regular Meeting and July 15, 2002
Special Meeting; Fred Evans seconded,

Mayor Kelley welcomed guests.

PROCLAMATION: TO RECOGNIZE KIDS DAY AMERICA/INTERNATIONAL ™ -Ted Strickland read a
proclamation declaring September 21, 2002 as Kid’s Day America.

Harold Cochran made a motion to approve the proclamation; Fred Evans seconded, and passed
unanimously.

HARRY CREDELL, 118 LAMBERT STREET, was present to complain about the late night noise coming
from Chaser’s Restaurant and Bar. Ted Strickland advised Council that this business has been under
surveillance by the Henry County Police Department since January, 2002. The City has documented proof
that was presented by Rene’ Swanson, Henry County Police Department, showing that when Chaser’s is
open the office on duty will move every thirty (30) minutes to different locations and actually get out of their
police car and listen for loud music. Only on several occasions they heard a faint base at some locations but
when monitoring at the end of Lambert Street no sound at all was detected. In the past several months, there
have been no complaints called in to 911.
Mayor Kelley advised that the City would continue to monitor the situation and advised Mr. Credell to call the
Police Department if the music is disturbing and an office will come to his home and listen with him and if the
noise is heard by the officer a ticket will be written.

PLANNING AND ZONING

Variance:

HAYES ASSOCIATES, LLC OF FAYETTEVILLE, GEORGIA requested a variance for property located in
Land Lots 25, 26, 39 and 40 of the 12th District, located in “The Huntington” at Brentwood Park
Subdivision. The property contains approximately 35 acres and the request is for the reduction of the required
side yard setback from ten (10’) feet to five (5’) feet.

Cal McShan representing Hayes Associated told Council that “The Huntington” is their last phase of
development. The builder wants to build a larger house and to do that he would need a larger width footprint
on the building size. Currently these lots are sixty-five (65’) feet in width with a ten (10’) foot setback on each
side, that leaves a forty-five (45’) foot width building footprint. Mr. McShan brought several floor plans where
they want to build a house at a forty-six (46’) foot width which will accommodate a two thousand six hundred
and forty-one (2,641 sq ft) square foot house which is a three bedroom with a bonus room. They have a fifty
(50’) foot width house that is two thousand one hundred nineteen (2,119 sq ft) square feet and another one
is a fifty-four (54’) foot house that is two thousand seventy (2,070’) square foot house. The builder is trying
to accommodate a larger footprint. In the original development agreement, the minimum house size was one
thousand three hundred (1,300 sq ft) square foot house and they are build larger homes.

Mayor Kelley asked if The Huntington is the beginning of a new phase of The Brentwood Park development.
Mr. McShan responded that this is the last phase with seventy-two (72) lots that have already been plated
according to the Development Agreement on a ten (10’) foot side yard and they have put in the storm and
sewer for the other fifty-one (51) lots so The Huntington total is one hundred twenty-three (123) lots. They
have already been developed, the construction plans have been approved and the first phase has already
been platted and approved. The builders have come back and ask for two thousand (2,000) plus square foot
houses. Mayor Kelley clarified with Mr. McShan that they are asking for side setbacks of five (5’) feet for
each house which means there will be ten (10’) feet between each house. Depending on the size of the
house the side setbacks will vary from ten (10’) feet to sixteen (16’) feet when you would normally have twenty
(20’) feet.

A. J. Welch advised Council that if they consider granting the variance to make it conditional upon building
the size houses that Mr. McShan has represented at this meeting where if the market changes they want to
go down to a smaller house, they would be required to go back to the original Development Agreement. Mr.
McShan responded that they will agree to convert back to the original Development Agreement.

Danny Eller, The Gresham of Brentwood Park, addressed the Council regarding this matter. He asked the
Council to consider this matter. The houses they are building all have vinyl siding and they don’t have wood
under the vinyl siding, they have some type of foam under the siding. You can literally walk through the side
of the houses especially those built by Old Time Builders. If any fires should happen adjacent property could
be damaged before the Fire Department could respond. He feels the builders have taken variances willy-
nilly. They started to build a house with no garage next to his home against City Ordinance. It took a great
deal of effort on his part and the Building Department to get them to tear out the extra room. They haven’t
taken up warrant issues on his house for two (2) years this October. There are issues like drainage where
hills wash out and not being repaired properly. This is some of the things going on with this builder and the
homeowners have very little recourse. If you grant the builders any variances, the Council needs to be very
careful.

The lots are located on the back side of The Huntington and the houses will sell at between $130,000 and
$140,000. Councilman Simmons asked if the plans have been reviewed by the Fire Department. Frederick
Gardiner, Planner with Henry County, responded that the preliminary showed the required setbacks at ten
(10’) between property lines once the variance has been granted, Hayes Associated will revise the final plat
to reflect the change in the setback and right now the preliminary show ten (10’). Councilman Simmons
asked if the Council grants the variance would the City be brought into a liability situation. A. J. Welch, City
Attorney, pointed out to the Council that he thought Hayes Associates had already submitted the variance to
the Fire Department for their review in their process. Cal McShan reiterated that the entire plan has been
reviewed by the Fire Marshall. Mr. Welch asked if Haynes had it reviewed with the variance request which
is normally reviewed by the Fire Department for their recommendation on the variance. Mr. McShan
responded that they presented everything through the Planning Department.

Mr. Welch recommended this item be tabled and the variance be submitted back to the Fire Department for
review and sign off on it where there will be no question on that issue.

Councilman Simmons recommended that checking with the Building Department regarding the construction
of a two (2) hour type fire wall that meet NAPF standards between homes where the variances are granted.

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

Mr. Welch advised Mr. McShan that if the Council decides to grant the variance it will require an amendment
to the Development Agreement. Hayes will have to provide a plat showing the changes so the Development
Agreement will reflect these changes.
BEC PROPERTIES, LLC. OF STOCKBRIDGE, GEORGIA requested a variance for property located in Land
Lot 14 of the 12th District, in Corporate Center II in Eagles Landing. The property contains approximately 5
acres and the request is to eliminate the required perimeter landscape area. Frederick Gardiner stated that
the Henry County Planning Staff recommends approval of this request with one condition that the curbing be
planted with trees and the applicant has agreed.

Mr. Gardiner pointed out that this request is no different from other developments currently in this
development.

Ronnie Simmons made a motion to approve as recommended by the Planning and Zoning Staff; FredEvans
seconded, and passed unanimously.

Conditional Use:

FIRST BAPTIST CHURCH OF STOCKBRIDGE, GEORGIA requested a conditional use of property located
in Land Lot 61 of the 12th District at the northwest intersection of Highway 138 and South Lee Street. The
property contains 7.5 acres and the request is to expand the existing church.

Raymond Gibson, Henry County Planner advised Council that Planning Staff and Planning Commission
recommends approval with the following conditions:

1. All additional buildings located on the site shall be constructed of material
matching he existing Church.

2. All lighting located in the rear of the proposed expansion shall consist of
downcast light of moderated brightness, so as to limit the impact on the
adjacent residential uses.

Roger Moss representing the First Baptist Church of Stockbridge explained that the Church wants to build a
new sanctuary and after submitting initial plans they discovered they did not have the correct conditional use
zoning applied to the current zoning they have heard the conditions and agree with the conditions.
Fred Evans made a motion to approve Conditional Use Permit; Fletcher Turner seconded, and passed
unanimously.

Modification to a condition of zoning:

GARY HOWELL, STOCKBRIDGE PROPERTIES, LLC, 1028 HIGHWAY 138 WEST, STOCKBRIDGE,
GEORGIA requested a modification to a condition of zoning for property located in Land Lots 42 and 55 of
the 12th District located on the north side of Highway 138 east of Spivey Road. The property contains
approximately 2.32 acres and the request is to increase the height of a sign. Planning Commission
recommended denial of this request at their June 13, 2002 meeting.

Ted Strickland informed the Council that when Mr. Howell made his request for a sign the ordinance was
thirty-five (35) feet and the new Sign Ordinance was not adopted until June 10, 2002. The size of the sign
meets the requirements of the Sign Ordinance.

Frederick Gardiner, Henry County Planner, pointed out that one of the conditions for constructions was that
the installation of a sign shall be ground mounted not pole mounted, decorated with brick, stucco or stone or
any combination thereof and not to exceed twenty-five (25’) feet in height. Mr. Howell is requesting to go
thirty-five (35’) feet pole sign. He is requesting to modify the condition to eliminate the height requirement
and the type and build of the sign. Mr. Howell has installed the sign and the Building Department has no
record of it being permitted.

Mr. Howell advised the Council that the County lost his application for a permit twice, once over a year ago.
In January, 2002 he applied for his permit again and continued to wait. In the meantime, his sign had been
constructed and obviously the sign could not stay in the sign shop and after waiting since January for a sign
permit he had the sign put up in June, 2002. Mayor Kelley asked Mr. Howell if he would agree to put the
brick around the base of the sign. Mr. Howell said that he would.

Councilman Simmons asked if there are any other signs in the area that exceed thirty-five (35’) feet. Mr.
Howell responded that some of the signs are one hundred (100’) feet. Councilman Simmons said that he is
not speaking for the other members of the Council but he has no problem with the ten (10’) feet as long as
he agrees with the ground part. Councilman Simmons asked Mr. Howell if he knows what will happen to his
property with the Stated DOT widens Highway 138. Mr. Howell answered that when the road is widened, he
will have to move his sign. A. J. Welch pointed out that the Council could add a stipulation to the variance
that if the State DOT has not started within a specific period of time, then he would have to put the base in.
Mayor Kelley gave opposition ten (10) minutes to speak. Barry Evans addressed the Council saying what
they are not telling in the paper work and a lot of you people don’t know this is a liquor store. When you drive
by the liquor store they don’t want you to know it’s a liquor store. Mayor Kelley told Mr. Evans that the liquor
store and the sign are two separate issues. Mr. Evans responded that it does because the paper work does
not tell the people in this room what this is. Mayor Kelley advised Mr. Evans that the matter of question is
the sign not the liquor store. Mr. Evans did not concede and continued to discuss the liquor store rather than
the sign. He pointed out that the liquor store is right up the street from a day care center. At the first of this
meeting the Council approved Kids Day America and he heard that the Council is for the welfare of our
children.

Mayor Kelley asked Mr. Evans if he was at this meeting to get rid of the liquor store or the sign. Mr. Evans
responded that he was here to get rid of the sign and the liquor store. Mayor Kelley said the liquor store has
been approved and it is not open for discussion. Mr. Evans said he would work on the sign for now. Mr.
Evans said Mr. Howell built the sign without a permit and asked the Council what they would do if he
constructed a Church without a permit.

A. J. Welch interrupted and stated that the appropriate procedure that the Council goes by is he has a right
to make his presentation and if there is opposition, the Council has the right to designate one or more people
to speak and set a time limit. During that period of time he should not be interrupted by anyone. He can say
what he wishes to say and then the Council can make a decision on the matter.

Mr. Evans said as he said earlier, he cares for children, he is a school teacher. He cannot believe that this
can be an issue. He knows he can’t stop the package store and he is sorry today because they did not do
more to fight this. But, God forbid that we should let that man put a sign any higher. If the people in this town
want to get drunk, they know where it is. They have 18 and 19 year old kids that may not know where that
liquor store is because it’s hid down in a hole where it ought to be. Leave it there; don’t put that sign up any
higher. If Mr. Howell did wrong, tear it down. The Bible says that you in this room are the powers that be
and the Bible says you ought to be a terror to evil works and in that same passage it says drunkenness is an
evil work. You will not have to face us, you are going to stand before God some day and you will have to
give account for letting this man have an evil work. You ought to be a terror to him and yes you are right you
cannot shut that liquor store down but why don’t you make that thing as hard as you can to get something
else. Make it a terror to him. Don’t let anymore kids die on the street because of drunks. That’s all that
place is; is a hell hole putting people in hell. You don’t have to be a part of that, you can make a stand today
and say look, you are not getting your sign.

Mr. Evans said he was in Forest Park five (5) years ago fighting against a strip club. Forest Park use to be
a wonderful place to live and then they started bringing in package stores. They did not call them liquor
stores, they called them package stores. They said don’t worry they want go any further. Then they brought
in strip clubs. They said they would put it at the end of Clayton County over there in Forest Park right on the
line and it want be any problem. Forest Park is dead and not the city it use to be. The people he is looking
at right now, twenty years ago would not let liquor in this county. Now you have it in the county and you want
to put signs up so everybody can see and it want be long before you will be letting strip clubs in this city. You
can stop it now and you will stand before God someday for the decisions you make about this devilish hell
hole of a place anybody would want to open up.

William Turner, Spivey Glen Homeowner Association, they brought some photographs of the subjects sign
and the other signs around the neighborhood. If you will notice the first five photographs feature the sign at
night and day. Their opposition is in fact based as the Planning Board said it did not comply with the
conditions that were set. As you can see the other signs complied and they are also concerned about the
lighting. They can see it through the Spivey Glen subdivision looking through the woods on Spivey Glen
Drive. You can see the sign and the sign on the side of the building. The store is there, its our neighbor and
some of us have even shopped there and have no opposition to it being there but they are concerned about
the fact that he went in and built the sign without a permit and now he is here today to say, ok, I didn’t follow
the regulations, the conditions, I didn’t follow anything, I just goofed. To them, it encourages people to violate
regulations. Why have it if you are not going to enforce it. They would like to request that the Council deny
the request for modification and comply with conditions. That’s all they are asking.

Also as to the lighting they would ask that the lighting was supposed to be turned down as you can see it is
really lit up at night time. Just drive by and see for yourself. If he will tone the light down and have them
faced down toward the ground instead of facing like they are, they really light up the whole corner. They are
asking that the lighting be toned down and the sign be taken down and built in accordance with the conditions
as originally passed.

Jim Jacobson, 155 Spivey Glen said he would like to address the remark made by Councilman Simmons
that ten (10’) feet doesn’t make a whole lot of difference. If you live at 155 Spivey Glen Drive it makes an
awful lot of difference. His backyard is totally lit up and he might as well sit on Highway 138 and have spot
lights on the whole thing. From a beautiful quit spot to an area now that is totally lit up and that galls him but
what galls him even worse is, as a general contractor for fifty-thee (53) that someone would have the audacity
to build something without a permit. Just blows him away.

The President of the Spivey Glen Homeowners Association said they are asking the Council to do the right
thing. She doesn’t care if it’s a shoe store, hair salon or what it is, Mr. Howell did not comply with what he
was suppose to do. It is very apparent that the Council did not want to hear their comments. They have a
right to voice that and we would like for Stockbridge to be professional city and not a good old boys club and
do the right thing. The wonderful people (Henry County Planning and Zoning) made those restrictions
because they are trying to do the right thing and as you can see from these signs they are respectful signs.
If Kohls decided to put up a sign like his, they would fight Kohls, they would fight Garden Ridge. They are
fighting him because of the sign not because he is a liquor store. The right thing to do is to ask him to comply
with the original restrictions. They are not asking for much and if you make the other decision today, you are
making the wrong decision. I can see it in your faces that you know in your heart that it’s the wrong decision.
She commends Barry Evans for saying how he feels regardless of what other people think and the Council
is the ones that will have to live with that. We would like for Stockbridge and the surrounding areas at least
on their side of town to remain respectable because if you change your mines on stuff like this people are
going to move and the good people, professional people and the good hearted people will leave and him and
his liquor store and a lot of run down houses is what will be left because the rest of them will get out of town
before they run down. They can keep their neighborhood looking good with good signs.

Another member of the Spivey Glen Homeowner’s Association addressed the Council and he said beyond
the reasons already heard why they think Mr. Howell should not be granted a variance to change the sign.
He is looking at it as a safety issue. From his home he can sit on his porch in the evenings and that road is
not the best place for a retail establishment being whatever it is because it’s in the apex of a curve and they
are trying to beat the traffic light and they are building up momentum coming down, you should hear the
breaks squealing at night. Three people were killed in that area and they have had a lot of accidents in that
area. A signs purpose is to divert your attention and right at that peek moment you are coming down the hill
and gaining momentum and your eyes diverted it could be considered a safety issue and a hazard to be
placed up there.

Another comment from a homeowner stated that she has been there six (6) years and not looking at moral
issues it is a tacky monstrosity, it’s an embarrassment and if you would just think about it if it was your home
in your neighborhood and what it would do to your home value and where kids grow up.

Gary Howell addressed the Council and said it is obviously this is not a sign issue, it’s an alcohol issue.
These people are not picketing the BP store, Publix supermarkets and other stores that sell alcohol. They
sell ninety (90%) of the products he sells. They are not out complaining about their signs, so it’s not a sign
issue. The road is going to be five (5) lanes and they are going to build a Publix right across from him. They
think their yard is lit up now, just wait until Publix gets open.

Councilman Simmons explained his comment about ten (10) more feet is the question that the City has
permitted other signs much higher than that in the City so they could be seen from other areas. We are not
trying to run anyone out of the City of Stockbridge. We want to be reasonable because this particular
homeowners association came before the Council on another issue. Regarding this sign, the City has
permitted other signs with heights around the City with variances and the size of the signs according to their
franchises. Franchise agreements have a certain size that they want. This is a sign issue as far as the
ordinance; the Council is going by the ordinance and for the gentleman, who is trying to speak for my religious
beliefs, he does not appreciate what he said because he has his own views and this is an ordinance that is
part of the City’s governing regulations. The ordinance limits the number of liquor stores to three (3) and the
liquor store in question was legally permitted and this is strictly a sign issue and it’s all we are dealing with
tonight.

Mr. Jacobson stated that the sign was not approved nor permitted. If he did something like this in his building
company they would shut him down.

Mayor Kelley advised Mr. Jacobson that there will be no arguing and recommended that he sit down. The
only thing that he sees is a safety issue with the sign and it is a safety issue with the lighting we need to look
into the matter and he recommends that someone who knows about this particular issue to look into this and
table to the next issue.

The president of the Spivey Glen Homeowners Association asked if the Zoning Staff indicate why they made
the requirements that they made, could they at least speak and say why they made the conditions a twenty-
five (25) feet ground mounted and the stucco/brick versus just tabling it and moving on just for the record so
it doesn’t get lost, could they just indicate why they made those recommendations.
Frederick Gardiner stated that when they have commercial establishments, especially ones that come in for
rezoning, the sign ordinance doesn’t truly govern, it gives a certain height. During the rezoning they put
conditions on zoning that you have to have a building has a façade of brick, stone or stucco or any
combination thereof. They look at aesthetics as part of it, how it affects the surrounding area, if it is an
emerging commercial district, is it an existing commercial district and they look at those different factors to
determine what type of conditions they are going to put on it based on how the City, residents and planning
staff look at it from an aesthetic standpoint. These conditions were put on not by the current staff but previous
staff members. The conditions were probably put on there for an aesthetic standpoint, looking at that area
as being an emerging commercial area. There is another potential large commercial development coming
across the street and they have a condition that is similar to this that says their sign has to be ground mounted
monument that has to match their building.

Councilman Gardner asked the Planning Board why they lost two of Mr. Howells applications. Frederick
Gardner responded that he hopes this will be reflected in the minutes. The application stated that he
submitted his application in January, 2002 and the Planning Staff lost it. If you look at a copy of the application
that is part of your report you will see that there is a time, date stamp on the application and it’s stamped 1-
31-02 at 4:53 IN. Our office is now fully staffed and they can only carry so much load, its like putting five (5)
gallons of water in a one (1) gallon bucket. It will never happen. They can only work so fast with other
applications with Henry County being the forth (4th) fastest growing county in the United States and the
fastest in Georgia. They can only do so much with the limited staff they have. That is why applications come
through at such a slow pace. That’s why the applicant is here now in reference to a lost application. Mr.
Gardiner said they do not know anything about a lost application. He made a statement at the Planning
Commission that he brought his application in, in January and as you can see it’s time stamped and dated in
January 02 at 4:53 PM. Now with the current staff, they can actually give you the date you can be heard at
the Planning Commission and the Board of Commissions and the City. Now they can carry the load because
they have more people on the staff. In reference to his application taking so long to come through the process
they were down to two planners in the month of January through June of this year.

Another person jumped up and proceeded to make comments. Mayor Kelley told him that the time limit
expired 10 minutes ago and he was the last person that would be allowed to speak. This person said he
wanted the Council to understand that this property was rezoned in 2000 under the new ordinance when he
said those other businesses; gas stations have been there for ten (10) years. Those signs have been up for
ten (10) years. We are talking about a new business that got rezoned from residential to commercial in 2000.
This property comes under the new ordinance of twenty-five (25’) foot brick/stucco. All the other businesses
came in after the new rules, that’s all they are saying. Let’s keep it the same.

Councilman Simmons said they don’t understand what he is saying. There are other signs in the City that
have been granted variances like Chic-fil-A, Outback and other signs over on Eagle’s Landing. He is trying
to tell them that there has been other signs taller than this sign.

Mayor Kelley said the issue to be concerned about is if the sign is interfering with the safety of the road and
that needs to be answered.

Yet another person demands to be heard and through the generosity of the Council, Mayor Kelley advised
this person he would give him one minute.
This person said as a seventeen (17) year veteran of the Atlanta Police Department that the Council is setting
a president. What’s going to happen for any other builder or any other person choosing to build a sign, they
are going to go ahead and build it regardless of what the specifications are and then they will come before
you. If you allow this get approved today, others will come behind him and do the same thing.

W. A. Gardner made a motion to table this matter until September 9, 2002 when the Council will review the
matter and make a decision; Fred Evans seconded and passed unanimously.

Rezoning:

HARTY KILGORE OF ATLANTA, GEORGIA requested rezoning from C-2 (general commercial) to M-1
(light manufacturing) in Land Lots 59 and 70 of the 12th District for property located 5334 North Henry
Boulevard adjacent to existing mini warehouses. The property contains 2.82 acres and the request is for self
storage and mini warehouses.

Horace Freeman, Planner, Henry County Planning and Zoning advised Council that the Planning Board
Commission recommends denial of the request from C-2 to M-1 and approval of the request from C-2 to C-
3 as submitted by Harty Kilgore with the following conditions:

1. All buildings shall be constructed of brick, stone, stucco, glass or any
combination thereof. Planning and Zoning Staff shall architecturally review
of all proposed buildings prior to the issuance of a building permit.

2. Signage not attached to any structure shall be monument based and shall
have consistent character and design details that reflect the architectural
design of the project.

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

4. Any dumpster(s) shall be placed on a concrete pad and enclosed on three
(3) sides. The enclosure shall be constructed of brick, stone, stucco and any
combination thereof provided it is consist with the primary structure, and shall
be a minimum of eight (8’) in height.
Steve Fincher, Attorney, representing Harty Kilgore the applicant, explained to the Council that Mr. Kilgore is
asking that this small piece of property be rezoned so he could expand his existing mini-warehouse operation
behind the Big Ten Tire Store. The expansion will be served by the driveway that currently exists. There will
be no other access except through the existing development. The 2.8 acres will be approximately twenty-
two (22’) feet below the Quick Trip Service Station and you will not be able to see the expansion from Highway
138.

They applied for M-1 zoning but the Planning Staff advises C-3 zoning. All of the conditions proposed by
staff are also acceptable to Mr. Harty.

Mayor Kelley recommended approval of the request for rezoning to C-3 with conditions.

Harold Cochran made a motion to approve request for rezoning to C-3 with the four (4) conditions
recommended by Henry County Planning Staff; seconded by Fred Evans, and passed unanimously.

Annexation:

SHIRLEY C. DUFFEY OF STOCKBRIDGE, GEORGIA – requested initial rezoning from M2 (manufacturing)
unincorporated Henry County to M2 (manufacturing) within the City of Stockbridge. The property is located
on the south side of Banks Road and east of Rock Quarry Road in Land Lots 4 and 29 of the 12th District.
The request is for annexation into the City of Stockbridge.

Randy Brinson, Gibby and Brinson Land Development, they have purchased this property and they would
like to this property annexed into the City. Later they plan to rezone the property for mini-warehouses. The
reason they want it in the City is because they have such a good working relationship with the City and their
last project went real well and they would like to get this property annexed.

Fred Evans made a motion to approve initial rezoning; Ronnie Simmons seconded, and passed unanimously.

Fred Evans made a motion to approve annexation; Ronnie Simmons seconded, and passed unanimously.

OLD BUSINESS
KILLEARN PROPERTIES, INC. OF GA requests right-of-way dedication into the City for a portion of Tunis
Road. A. J. Welch advised that he discussed this with their attorney and there are several things he asked
him to get together and to find out from Killearn as to whether or not they could comply with certain requests
and he has not received anything from them and he requests the Council table this item until they provide
the documentation the City needs.
Harold Cochran made a motion to table until A. J. Welch receives this information needed; Fred Evans
seconded, and passed unanimously.

NEW BUSINESS

CONFERENCE CENTER, MIRANDA ROBERTS, DIRECTOR is requesting a review of the rates currently
being charged at the Center. Most Saturdays are booked through September, 2003. The rates should be
changed now and go into effect in 2002 with the exception of events already booked. New rates are attached.

Mayor Kelley stated that this has been discussed over the past month with Ms. Roberts and she has gotten
information from surrounding areas with similar facilities and the Center’s rates are a good bid lower. Ms.
Roberts stated that the changes are between $50 and $200 so they are not that large of an increase. This
increase will be more in line with other facilities. These increases are more for weddings and receptions
which require more attention.

Ronnie Simmons made a motion to approve new rates; W. A. Gardner seconded, and passed unanimously.

WILLIAM BARBER is requesting an occupational tax license to operate a shaved ice business in the parking
lot at Moye’s Pharmacy, 4767 North Henry Boulevard. The cart will be used on weekdays and weekends at
various events and will be used at Moye’s Pharmacy when not in use.

Mr. Barber informed the Council of his intentions. He presently puts his portable building in the ball parks
and gives twenty (20%) of his profits back to the Youth Associations. On a good day he can give back some
where around $200.00. Moye’s has offered a parking space next to their building when it not in use at another
event. He plans to have it there during the day and remove it each night.

Mayor Kelley said in the past the Council has turned down all portable buildings that wanted to set up on a
permanent basis. A. J. Welch will check the ordinance and advise.

Ronnie Simmons made a motion to approve subject to A. J. Welch reviewing the ordinance; Fred Evans
seconded, and approved unanimously.
BIDS FOR TRUCK FOR WASTEWATER TREATMENT PLANT. The truck will be used by the City inspector
for the purpose of making routine inspections of businesses with grease traps according to new guidelines
from the Georgia Environmental Protection Division.

Bellamy Strickland $19,068.00
Allan Vigil Ford $15,499.00
Gene Evans Ford $15,069.08
Legacy Ford Did not bid

Motion was made by Fred Evans to accept low bid from Gene Evans Ford; W. A. Gardner seconded, and
passed unanimously.

CONOCO FOOD MART, 2240 HIGHWAY 42 SOUTH near the Highland S/D is requesting an alcohol license
to sell beer and wine at the Conoco Station/Food Mart. New owner is Alauddin A. Khetani. Mr. Khetani has
made application and completed all requirements and background check as required by the Alcohol
Ordinance.

Councilman Simmons instructed Mr. Khetani to make sure he understands the ordinance in regards to sales
to minors. The City enforces the ordinance especially in this regard.

Fred Evans made a motion to approve license to sell beer and wine; W. A. Gardner seconded, passed
unanimously.

J. R. CRICKET’S, LARRY J. MARTIN, 910 EAGLES LANDING PARKWAY is requesting a “Consumption
on Premises” alcohol license serve beer, wine and distilled spirits. Mr. Martin has made application and
completed all requirements and background check as required by the Alcohol Ordinance.

Jack Grantham addressed the Council stating that there are four or five churches established in that area
and wants the Council to keep alcohol out of the City and he is going to do everything to stop it. He asked
the Council to think hard before the Council allows alcohol to be sold around the Churches.
A. J. Welch advised Council that they cannot legally deny the license if he meets the requirements of the
ordinance.

Harold Cochran made a motion to approve the “Consumption on Premises” to served alcohol; Fred Evans
seconded and passed unanimously.

DIANNE HILL, SOLACE CENTER DAY SPA, 100 EAGLE’S LANDING PARKWAY is requesting the City
waive the regulation that requires the installation of a window to view inside the treatment room at her current
location. She plans to construct a new free standing building effective July, 2002 and move her business to
the new location in November 2002. The new location will have windows.

Mayor Kelley said if the Council approves this request; the spa will be required to leave the doors unlocked
and accessible for random inspection by the code enforcement officer or police office.

Mr. Grantham asked if the windows are to keep things from going on that should not be going on. Mayor
Kelley responded that that’s the purpose of the window. Mr. Grantham voiced his opinion that he is against
massage parlors. If leaving the door open will is permissible he requested making the door just a case
opening door and do away with the door altogether where they wouldn’t be allowed to shut the door.

A. J. Welch stated that under the ordinance they have a right to operate the facility as long as they meet the
requirements of the statute. One of the requirements is they do have to have a window and accessible by
the police and code enforcement to make sure what is going on inside the room is in compliance. If they are
in compliance with that then you are in compliance with the ordinance. The Council can approve the request
but it has to be for a specified period of time. The Spa will have to be out of the building by the specified time
or be in compliance with the window regulation in the existing building.

Fred Evans made a motion to deny the request; motion died for lack of a second.

Councilman Simmons said he did not understand Councilman Evans’ request to deny. To make sure
Councilman Evans understands what is being done, he explained that the Council has been asked to give
the Spa an extension of time until they move to a new location in November, 2002. All the Council would be
doing is giving them a time variance.
Mayor Kelley said the new location will have windows. A. J. Welch said if the Council has concerns about
what is going on without the windows, the Spa will be required to keep the door open and accessible for the
inspectors to do random inspections.

Fred Evans said that was his error, he thought it meant on the new locations. The Council will have to make
sure the doors are not locked.

W. A. Gardner made a motion to grant and extension to November 31, 2002 and to notify the Solace Center
Day Spa that their doors must remain unlocked; Fred Evans seconded, and passed unanimously.

A FRIEND’S HOUSE will hold their annual fund raising event on October 11, 2002 at the Conference Center.
One table will seat 10 people. The Council needs to decide how many will attend.

A. J. Welch stated that “A Friend’s House” is an establishment that was built with contributions from private
donations and a lot of effort that was made by a lot of local citizens, including county and city governments
that donated funds to the building of “A Friend’s House”. It takes in children that have been abandoned and
children with the approval of the court have been removed from their homes where they have been abused
or neglected and are placed in “A Friend’s House”. They remain there for a definite period of time and it can
be a short or extended period of time. It covers children of all ages up to eighteen (18) years of age and is
one of the better projects that this county has going.

Ordinances:

CONSERVATION SUBDIVISION OVERLAY DISTRICT ORDINANCE to be presented to Council for review.
The ordinance will be discussed and considered for adoption at the September, 2002 meeting.

Lynn Buffkin, City Staff GIS/Planner, presented the ordinance to the Council for their review and comment.
Basically, the ordinance covers all the riparian zones within the City. It will conserve more land to provide a
larger buffer onto the streams and cluster the development more. Going through the ordinance, it will help
the City comply with the green space program that will be presented in the next few months. It is due at the
end of November and the County will be approaching the City in about thirty (30) days to discuss the green
space program. This ordinance will help us meet those requirements. In addition, the Atlanta Regional
Commission, as a part of our Livable Centers Initiative (LCI) has regional development policies and a copy
of those policies is being provided to the Council including what they say regarding development within the
City. This is a part of the co-ordination report summary and she thought it would be interesting for the Council
to know what is being said. As going through this ordinance she really believes this ordinance covers more
than seventy-five (75%) percent of their policies. This in itself covers number 1, 5 through 11 and 13 and
that’s more than seventy-five (75%) of the total polices that they want and this is a great way to do this.

Andy Welch addressed the Council and advised that it is still in draft form and it is comprehensive and a bit
strenuous. The Council should know that from the onset that it touches upon most every district in the City.
Lynn has put together a map to show the Council. This is all subject to however the Council wants to tinker
and adjust it, if at all. The way it’s worded it’s applicable to all districts that touch or bounded by riparian
zones, we define the riparian zones to be the rivers and streams located within the City and the flood plains
and within seventy-five (75%) percent beyond the floodplain or those tributaries. It includes Pates Creek,
Brush Creek, Rum Creek, Wolf Creek and Reeves Creek. Ms. Buffkin recommends that the ordinance
should cover all riparian zones within the City and not just the ones listed. They picked these creeks because
they are important water sources in the City limits. AndyWelch said the map outlines all the areas discussed
and if a riparian touches a district it applies to that zoned district. Now that the Council sees the applicability
of it you can see that it is far reaching. The conservation overlay district is intended to preserve existing open
space. Most of the open space is the dark green areas in the City; those are the wooded areas and its
intended to preserve those in perpetuity. Now the other things this does is protect these watershed areas
and is designed to encourage tree planting, reforestations, the preservation of trees, preservation of
archeological sites, burial sites, cemeteries, historic structures, critical habitats and other insulars related to
the preservation of quality and quantity of water within the City. Its scope is large and the way it works it
simply imposes by formula under Section 836.13 Conservation Requirements. On the fourth page of the
document under the heading Conservation Requirements there are two numbers. The first one is titled A
and it’s a required open space determination. The developer would have to determine how much open space
he’s to retain in his development. Open space is that space which would remain either in its natural state
which the regulation in the ordinance defines as green space and then some open space which is that space
can have some development in it but by in large stays in its present state. That’s the first requirement is a
calculation of how much open space the development is to retain. There is a formula on how to calculate it.
It is fairly simple and over the next month the Council might plug some numbers in and see how it works out.

Table One goes through each of the various districts within the City of Stockbridge and he’s not totally familiar
with all the districts that exist in the City of Stockbridge and he may have included some or left some out that
needs that needs to be included or excluded from the list. It tells you the amount of space that is minimal lot
requirements and it sets forth the required amount of open space for each lot, the percentage. The fourth
column in that table shows you how much that is in acreage and square feet. You can take fifty (50%) percent
of the RO1 district which the minimum lot size is one (1) acre, that means that fifty (50%) of that lot is going
to be maintained as open space. It goes through each district and outline that for you.

The second criteria, Paragraph B, Open Space Development Design Criteria that outlines for you the design
criteria on how the open spaces can be used, how they are to be positioned in the lot and it also explains
what purpose the open space is to provide. It is to conserve certain areas like archeological sites, homes,
forest, old growth forest, native forest species, critical habitat, wetlands and things that we would not normally
build at all anyway but they are intended to be included in this open space preserve. The interesting thing
and the best part about this is a section called Development Incentives Section 8.36.114 where we exercise
the gift giving of the Council in terms of allowing the developer to reduce the amount of open space that he
was previously told he was to provide. He can reduce that by fifteen (15%) percent if he provides what we
term as development enhancements. These are things to encourage mixed use, high density mixed use,
affordable housing, the reuse and preservation of historical structures. If a developer comes to a site and it’s
actually in a commercial and he’s got an old building that he would like to use some of the property for a gas
station and the building adjacent to it is an old drug store formally used in the 1940’s and he would like to
tear it down but under these restrictions he might not be allowed to and he actually gives a bonus of five (5%)
percent, reducing the amount of open space he has to leave preserved by just preserving that building and
using it. There are some advantages to a developer, he can look at this and say I can reduce the amount of
open space and in other words the number of lots that I lose by taking on a few of these extra burdens. On
the next page, there is a Table Three and this table allows for lot densities to provide certain development
enhancements. The density of the lots has been increased and a certain percentage of the lots the density
want increase if you provide these enhancements. This is similar to the way the City Ordinance operates
when you are talking about the Planned Town Developments.

The final section which is on Ownership and Management requires that the open space be preserved through
a legal instrument such as a conservation easement or covenants that run with the land and these things
protect the open space and keep it from being used for any other purpose than those stipulate in the
ordinance. It also requires that the developer set up a Homeowner’s Association or Condominium
Association so that there will be someone to manage the property and maintain the open space. If it doesn’t
the ordinance provides that the property reverts back to the original owner or to the City for maintenance.
The City can also exercise their powers to place liens on the property in order to collect the revenues for
maintenance.

A. J. Welch pointed out that this is a new situation and the Council should take some time to review it. It’s
something that everyone needs to understand and you can’t understand with one session. Once the Council
has decided on something they can live with, then it is recommended to Planning and Zoning. It has to be
advertised, a hearing before Planning and Zoning and when we get a report back from them it has to be
advertised and heard at a regular meeting and adopted at that time. Legal staff will handle all the procedure
once the Council decides on what they want. This is not cast in stone and it can be changed, modified and
added too and taken away. Basically the simplest form of what you are trying to do is take a tract of land that
can be developed presently under a certain type of zoning. They can still have the same amount of density
that they had in the very beginning. It’s just that they are allowed to reduce the size of it, reduce the size of
the impervious area and leave the remainder in green space. It gives them an option and alternative source;
the parts that are adjacent to the streams areas they don’t have a choice, they have to leave those alone. It
does have some good points and has some drawbacks to it too.

Ms. Buffkin said she wanted to clarify several points. If you look at the map, all you see in yellow is residential.
All you see in green is still available forest. These that are in light color are city limits and so a lot of what
you are seeing are the riparian areas and pretty much the only places you are seeing green spaces is left.
One of the reasons we picked using riparian areas for this overlay. Currently the Department of Natural
Resources requires a twenty-five (25’) foot buffer on designated wetlands. There are no buffers on the
steams at all so that means the developer can actually go right upon the stream and start developing. What
we want to do is preserve that by requiring at least seventy-five (75’) feet from the designated floodplain by
DNR or one-hundred (100’) feet from the actual center of the stream. What we are doing is creating a nice
green way that protects our rivers and a lot of this goes straight to our water sources from which we drink.
These are extremely important that we should keep in mind and think about.

Councilman Simmons stated that this will be a good start.

Ms. Buffkin said the green space program is due to be submitted to the governor by the end of November
and the County will be approaching the City within thirty (30) days to discuss this. This will be a way that we
can actually meet those requirements without having the spend money to do it. They are giving the City grant
money and it’s based on population and it’s only going to be about $5,000 which isn’t a whole lot but this will
be a way to take the money and put it toward the parks.

SIGN ORDINANCE. The sign ordinance was presented to the Planning and Zoning Board and its back
to the Council tonight for final adoption with a recommendation from them to adopt the Sign Ordinance.

W. A. Gardner made a motion to approve the Sign Ordinance; Fletcher Turner seconded, and passed
unanimously.

MULTI-FAMILY RESIDENTIAL DISTRICT ORDINANCE. A. J. Welch advised Council that this ordinance
is being broken into three (3) categories, apartment, condominiums, and townhomes. It will spell out what
the densities are and none of the densities will be changed on the apartments. The condominiums are
spelled out at five (5) units per acre. The can go to eight (8) by doing seventy-five (75%) brick, stone or
stucco combination. It requires backside entrance to the condominiums and the townhomes by using
backside alleys. The condominiums are also set at five (5) units and can go up to eight (8) if you put in
amenity packages. Minimum amenity packages are: 1,300 square foot club house, junior Olympic size pool,
and playground. As you go up in the number of units you have, then you have to add amenities to that
package.

The way the ordinance is setup, the City does not tell them what to build. They will select from a list what
they want to build and if they don’t like the list, they can come back and say they want to do a different
amenity package. The Council can approve or deny their request. This gives the developer the opportunity
to decide how their land best suits the amenity packages.
Councilman Simmons asked how the City can make the developers follow the ordinance. Mr. Welch
responded that it could be enforced through Development Agreements where the City requires the amenity
package be put in before fifty (50%) percent of the development is complete. If the Council wants to change
that stipulation they can. If you want the ordinance to say that the amenity package has to be put in upon
fifty (50%) percent of it is complete or whatever percent you want to put in the ordinance. It will have been
made in the form of an amendment to the ordinance to what has been presented. Also, if you don’t want the
backside garages on townhomes. The way it is setup is there will be no front entrance from the street. They
will have to put an alleyway in the back and have the parking in the back. The purpose is to keep as many
people off the street as possible. This stipulation is on townhomes and condominiums.

Mr. Welch stated he recommends amending the ordinance to require the amenities be completed when fifty
(50%) percent of the project has been completed. All three of those should be in one amendment. The
amendment will be that on townhomes and condominiums that it will be requires to have backside parking
with alley ways and that the amenity packages or all RMs will have to be completed prior to fifty (50%) percent
of permits being issued for the development of the property.

Ronnie Simmons made a motion to approve amending the ordinance as stated above; Fletcher Turner
seconded, and approved unanimously.

Ronnie Simmons made a motion to approve the Multi-Family Residential District as amended; Fletcher
Turner seconded, and approved unanimously.

WETLAND ORDINANCE. A. J. Welch presented this ordinance and stated that it has gone through Planning
and Zoning and they recommend approval as there has been no changes in the ordinance and it and he
recommends approval.

Ronnie Simmons made a motion to adopt the ordinance; Fletcher Turner seconded, and passed
unanimously.

SPEED LIMIT ORDINANCE AMENDMENT. A. J. Welch presented this ordinance with only a couple of
changes to be made on some streets and asked the Council to approve the amendment.

Ronnie Simmons made a motion to approve the amendment to the Speed Limit Ordinance; Fletcher Turner
seconded, and passed unanimously.
Agreements:

AT&T AGREEMENT WITH MEDIA ONE. A. J. Welch explained to the Council that the City has an AT&T
Agreement with Media One. Legal Staff has negotiated with Median One. Legal Staff previously had an
authorization for the Mayor and Clerk to sign the agreement. The final draft is some what different from the
one previously approved. It’s all in the City’s benefit and the reason for that are some changes that occurred
in AT&T themselves. He recommends the Council approve it once they issue a letter of approval to the
Mayor and Council that the Mayor and Clerk be allowed to go ahead and sign it.

Fred Evans made a motion to approve and to authorize Mayor Kelley and Clerk to sign; W. A. Gardner
seconded and passed unanimously

LOCAL OPTION SALES TAX. Legal Staff negotiated with the County and it stays the same, 65% and 35%.
The cities division of the money will remain the same with the cities as it was previously and he recommends
the Council adopt the resolution authorizing the Mayor to sign and documents to complete that agreement.

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

SPECIAL LOCAL OPTION SALES TAX (SPLOST). The SPLOST Agreement is contingent upon the
County issuing the notice on the LOST. Legal Staff prepared the agreement and it has been sent to bond
counsel and it has been gone over with the County Attorney, its been approved by Locust Grove, Hampton
will hear it tomorrow night and he sees no problem there. The SPLOST Agreement will not be released until
LOST Agreement has been certified to the State. That was part of the agreement. Mr. Welch has the exhibits
and the only thing that may change is the exhibits. The County is going back and forth on their exhibit and
that really does not affect us on the way we spend our money. This agreement is the same agreement that
we had last time except for some verbiage clarification that bond counsel wanted. The reason for that is the
County is going to ask for some 20 to 25 million dollars of bonds where they can spend the money
immediately to start building some of the capital improvements. Bonds cannot be issued to pay for roads but
they can on the other capital improvements which help them get started on building some things instead of
waiting to the very end to collect the money and then build. It is his recommendation that the Council adopt
a resolution to authorize the Mayor and Clerk to sign the SPLOST document.

Ronnie Simmons made a motion to approve resolution to authorize the Mayor and Clerk to sign agreement;
Fletcher Turner seconded, and passed unanimously.
EDDIE AUSBAND, 4920 NORTH HENRY BOULEVARD. A. J. Welch advised that he had checked into the
matter of a drain pipe that crosses part of the Ausband property. There is a drain that comes from the road
that goes up under the building. Evidently the building was built on top of the drain many years ago and it
was stopped up and the Ausband’s opened it up. Mr. Welch passed around a picture showing the drain pipe.
They are asking that the pipe be extended and that the area behind their property be opened up so the water
can drain away from it. All the water that is coming out will not only be channeled but it will be spread out
over their property. They have some fifty (50’) feet between the back of the building and the property line
and they want to get is opened where the water can get away from their building. Mr. Welch has not had
time to check the deed book records to see whether or not there is a recorded easement. If there is no
recorded easement, then the Ausbands are willing to give the City a drainage easement so we can get in
there to put in the pipe.
Mayor Kelley said this has been a problem for years and the Council discussed it several years ago and
thought the problem had been solved. Evidentially something got held up.

Ronnie Simmons made a motion to repair the drainage; Fletcher Turner seconded, and passed unanimously.

Harold Cochran made a motion to adjourn; seconded by Ronnie Simmons, and passed unanimously. The
meeting adjourned at 7:30 P. M.

Respectfully submitted,

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