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date: 2002-02-11
title: February 11, 2002 Minutes
source: 2002-02/2002-02-11_February 11, 2002_Minutes.pdf
pages: 1
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February 11, 2002

DAVIS DEVELOPMENT, INC

FEBRUARY 11, 2002

PLANNING AND ZONING

Variance:

DAVIS DEVELOPMENT, INC. of Stockbridge, Georgia requests rezoning form M-1 (Light Industrial) to RM
(Multi Family) for property located in Land Lots 29 and 30 of the 12th District, Located on Rock Quarry Road.
The property contains 28.10 acres and the request is for a revised density calculation, and for a reduction in
the requirements for parking and amenity area.

Tabled

Rezoning:

DAVIS DEVELOPMENT, INC., of Stockbridge, Georgia requests rezoning from M-1 (Light Industrial to RM
(Multi-Family) for property located in Land Lots 29 and 30 of the 12th District, located on Rock Quarry Road.
The property contains 28.10 acres and the request if for a luxury apartment home community.

Fredrick Gardiner, Henry County Planner, advised the Council that on November 29, 2001 the Henry County
Planning Commission recommended approval of this request with conditions. Mr. Gad Woodall representing
Davis Development advised the Council they have 28.19 acres with approximately 20 acres of upland
acreage and 8.19 acres in floodplain and wetlands. They are asking the city to rezone the property from RA
and M1 to R2. Mr. Woodall introduced Robert Harvel, Lancaster and Associates, a planning and engineering
firm to do the presentation for this site.

Mr. Harvel advised that his firm has modified their application in terms of configuration of property to additional
upland acreage for the development. The total acreage is the same as the original application. They have
simply swapped out some of the floodplain and wetland acreage for upward acreage. They plan two hundred
(200) units with a density of 10 units per acre with the upland acreage. An exhibit showing the configuration
of the property was distributed to the Council. Based on the reconfigured property, the total acreage is 28.19
acres. Of that 20.0 acres will be upland acreage with 8.19 acres in floodplain or wetlands. They are purposing
a community of 200 units total which will provide a net density of 10 units per net usable upland acres. They
further ask for consideration to allow 2.0 parking ratio for the development rather than the 3.0 required by the
ordinance. The 2.0 ration has proven historically to be adequate for multi-family developments and that will
allow them to reduce the impervious surface on the property thereby generating a development which can
have the better qualities, less storm water runoff. Additionally, the buildings will be three (3) stories with
basements. They will respond to the Council’s questions.

A. J. Welch, City Attorney, responded that legal staff has reviewed this on behalf of the City with the developer
and they evidently have a new plan that he has not seen or reviewed. They are now requesting it be rezoned
as the same property that they requested before. If it could be moved to the end of the calendar, they will be
glad to review it now and see if they can give the Council some advice concerning the development. Without
a review, it should be tabled until their new request has been reviewed.

Mr. Harvel said the land illustrated is consistent in the two (2) applications and they have simply added some
upland acreage to the parcel and reduced some of the floodplain acreage but the portion that will receive the
development, under either scenario, is consistent. They will be willing to adjourn to the next room and go
over the plans.

Mayor Kelley asked Dale Hall if Planning and Zoning has reviewed these plans. Mr. Hall responded that he
or his staff has not seen the drawing. The acreage as it is described, the application is for 28.10 acres and
he is not sure this is different from the original application because this has not been presented for review.

Mayor Kelley said if the plans are changing from the way it was originally advertised the plans would have to
be re-advertised showing the changes. Mr. Welch replied that he would have to look at what Davis
Development has done to be able to advise the Council.

Mr. Harvel asked that they be moved back in the agenda and they will review the configuration of the property
to see that it meets the City’s requirements.

Later in the meeting, the Davis Development representative and A. J. Welch returned to the meeting. A.J.
Welch reported that Davis Development need to decide exactly how they plan to re-configure their plans and
they have been advised that if they want to add any additional property to this other than what was remaining
in the original zoning application, they will have to go back to Planning and Zoning and start all over, unless
they are going to ask for zoning for a certain area and then tie another area to that, they will be subject to a
development agreement and subject to control by the City. They are going to look to see if they can redraw
and Mr. Welch asked that the Council table decision tonight.
Ronnie Simmons made a motion to table; Fred Evans seconded, and passed unanimously.

Mr. Welch pointed out that they may be a problem with the Killearn zoning issue approved at the last meeting.
The problem is not what the Council has done but the way Killearn drew it out and he is concerned about the
drawing techniques versus what the statute says and then coming back at a later date and say this is our
development plan that we used and this is what was presented and approved. There is not a development
plan that was approved by this Council and the Council should adopt a resolution tonight, directing the
Planning and Zoning Department and the building department not to issue any types of permits for that
development until a redrafted actual development plan is submitted to Planning and Zoning and they review
and approve and it complies with the ordinance adopted last month.

Fred Evans made a motion to approve resolution as recommended by A. J. Welch; W. A. Gardner seconded,
and passed unanimously.

MARCH 11, 2002

PLANNING AND ZONING

Variance:

DAVIS DEVELOPMENT, INC. of Stockbridge, Georgia requests rezoning form M-1 (Light Industrial) to RM
(Multi Family) for property located in Land Lots 29 and 30 of the 12th District, Located on Rock Quarry Road.
The property contains 28.10 acres and the request is for a revised density calculation, and for a reduction in
the requirements for parking and amenity area.

Rezoning:

DAVIS DEVELOPMENT, INC., of Stockbridge, Georgia requested rezoning from M-1 (Light Industrial to RM
(Multi-Family) for property located in Land Lots 29 and 30 of the 12th District, located on Rock Quarry Road.
The property contains 28.10 acres and the request if for a luxury apartment home community.

Planning Commission approved this request in January and it has been tabled by the Council a few times.
Mr. Gad Woodall represented Davis Development. Mr. Woodall stated he wanted to go over the site data.
Exhibits of the site were given to the Council. The original plan showed 240 units and they have brought it
down to 200 units per acre. They prepared three (3) site plans according to the City ordinance. One of the
site plans shows 68 units and the other shows 136 units and the third shows 200 units. They are asking the
Council to consider the three sites based on the merits of the project.

The plan will have extensive landscaping and buffers. Fifty (50) percent brick, stone or stucco and hardy-
board, earthen roadway berm, gated entry, 3,700 square foot club house, junior olympic size pool, ½ court
basketball court, and 2,400 mulch walking/jogging trail.

Robert Harvel, Site Engineer with Lancaster and Associates said this is a refinement of the plans previously
presented to the Council. At 200 units, on 28.19 total acres provides for a gross density of 7.09 units per
acre. They are also asking for a variance to reduce the parking to a 2.0 parking ration which is an improved
application which will provide the parking needs for the community and minimizing the amount of paving.
They have agreed to all the conditions and recommendations of the planning staff.

In terms of the community amenities they are asking for the Council’s consideration to have one large multi-
purpose field for soccer, baseball, softball and football. This would minimize the amount of clearing within
the property.

Councilman Simmons asked who will manage this complex. Mr. Woodall responded that they develop,
construct and manage their own apartment communities.

A. J. Welch advised the Council that the Davis Development does not meet the requirements of the
ordinance. In order for them to meet the requirements of the ordinance, they will have to provide a plan
showing four (4) units per acre, how it’s divided and then they can only increase density to eight (8) provided
they follow the requirements of the ordinance and this plan does not meet the requirement based on what
was just said. Until the legal staff can examine documents he recommends it be tabled again. Mr. Welch
stated that at the last meeting Davis Development was told that anything they wanted to file on this matter
should be presented to legal staff so the calculations could be made in plenty of time to be reviewed and
verified.

Mr. Welch said they also asked Planning and Zoning to give verification on this matter at the last meeting
and they assured it would be done by Friday, February 15th and it’s yet to be done. Mr. Welch stated that
he does no know what to tell the Mayor and Council other than it doesn’t meet the requirements.

Fredrick Gardiner, Henry County Planner, stated that the plans with various ratios were submitted to Planning
and Zoning for the Killearn portion and they came up with the required numbers and the same thing was
done on the Davis development. Planning and Zoning got everything straightened out last week. They
reviewed the plans and re-wrote their report. If the Council would look at the variance, in the variance
application is different from the one submitted earlier. They laid out a chart based on the plans that were
submitted to Planning and Zoning. This report was faxed to Smith, Welch and Brittain and a copy of the
report was brought to the City.

Mr. Welch said he saw a copy of the report last Friday afternoon. The report was sent to Bruce Vail but it
had no documentation to go along with it. Along with the documentation, you read need to see the plans and
the plans were just brought to the meeting tonight. Nobody wants to holdup the developers and he has tried
and tried to get this thing resolved.

Mayor Kelley suggested that if every thing is in order, he recommends the Council approve the development
subject to review by the City Attorney. This development is supposed to be like the Killearn development
and that’s what the Council agreed to. Mr. Welch responded that this development is not like the Killearn
development. The Council voted to withhold any permits on Killearn until they got a report back to the City
saying that it was in compliance and they were to provide the documentation showing that and promised to
have everything filed by March 15th and it has not been produced and a report has not been filed with the
legal staff. Mr. Welch stated that he has called Planning and Zoning nine (9) times over this matter and they
have yet to receive a report from Planning and Zoning.

Mr. Welch advised the Council that if they want to pass a zoning ordinance that authorizes the zoning to be
done strictly according to what you approved on Killearn, then once that documentation has been provided
and reduced to a Development Agreement and signed by Davis Development and signed by the Mayor and
Council that would be fine. But to approve a zoning without a Development Agreement, the Council is asking
for tremendous legal problems on this matter.
Councilman Simmons asked if the density is 17.19 Upland X 10 would be 171 units which is a gross density
of 7.09 units per acre. Is this how the ordinance reads to arrive at this density? A. J. Welch responded that
the ordinance reads that you are to prepare a plan showing four (4) units per acre and that is a complete
plan. Then they can build on top of those four (4) units four (4) more units to get eight (8) units but the
apartments cannot spread out, they go straight up. If you go up on Killearn, they agreed to do a gated
community, brick and stone except a certain percentage, amenity areas, buffer areas that were all spelled
out. Whether these plans meet the same criteria as Killearn he has no idea because he has not seen the
plans and evaluated them on that basis. The units must go straight up, they cannot go out and that was the
issue that was discussed last meeting because they were spreading the units out and they represented to
him in the hall that this was the same as Killearn and that was what reciprocated from holding up on all
permits on Killearn, because if that’s the case, the plan has been improperly approved by Planning and
Zoning.

Mr. Harvel said that after the last meeting they have talked extensively with the City Attorney and based on
their understanding of his requirements, the three plans that they have development and presented to the
Planning and Commission is a plan with four (4) units per acre. They calculated the impervious surface in
the buildings and they presented a plan with a density of 8.0 units per acre. The foot print of the buildings is
exactly the same as the 4.0 plan, there is no deviation on the square footage of the building or the type of
buildings, it’s exactly the same, and they simply added another story on the buildings. The third plan of the
two hundred units, once again the exact building foot prints, they simply added a half of story on a couple of
the buildings so they are at two and one half stories in the center of the building and two stories on the ends.
The building foot print is consistent to all three plans. The amount of impervious surface in the building is
consistent to all three plans and the county planning staff can confirm that that is the case. They really did
try to comply with their understanding of the objectives set for them.

Councilman Simmons asked if Mr. Harvel said 200 units per acre because if he understood him correctly he
said 171 units per acre. Mr. Harvel said the 171 is 8.0 units per net acre. Mr. Welch responded that its 8.0
units per net acre multiplied 8X17 that will give you the correct number. If they agree to put in the same type
of structures, carports and everything the Council agrees to on Killearn which was an upgrade on the facilities,
then it went to ten (10) units on the same foot print. If they are now saying that is what they are offering to
do, then the Council can approve the zoning conditions upon everything being reduced to writing, accurate
plans being provided and they must also agree to annex their property into the City.

Councilman Simmons asked if they have a problem with what Mr. Welch just said and would it be the 171
units described in the evaluation report? Mr. Woodall stated that their plan is based on what was actually
approved for Killearn. They were asking for some additional considerations on this project because of the
challenges that they face in the development to get the 200 units total. The want the 171 but the best case
scenario they are asking the Council to approve 200 units.
Mayor Kelley recommended the Council approve subject to legal staff getting the required documents for
review and everything is in order.

Councilman Simmons made a motion to approve the 171 units subject to it being the same conditions as
Killearn Properties and they meet all the requirements including annexation of certain property; Fred Evans
seconded, and passed unanimously.

Mr. Welch told Mr. Harvel that he must submit the documentation that he asked for a month ago for review
and he will put the documents together.

Mr. Welch stated that he wishes for the Mayor and Council to give Planning and Zoning a directive tonight
that is unconditional that they give a written report to his office no later than 12:00 noon tomorrow, specifying
specifically that they have reviewed the plan dealing with the 171 units and they have compared it to the
ordinance and it does meet all of its requirements. He cannot draw an agreement without Planning and
Zoning certifying this has been done.

Mr. Welch also ask for a directive for Planning and Zoning to deliver by 12:00 noon a written report on Killearn
where the Council can give directions regarding that particular zoning. Mayor Kelley pointed out that Killearn
is being held up because of this matter. Mr. Welch said he would like to have a statement as to whether or
not they are going to provide this information by 12:00 noon tomorrow. Fredrick Gardner responded that he
would have it ready by the specified time.

Mr. Welch stated that he would also like to get a report on the Summit at I-675. Planning and Zoning was
suppose to do a review on the Summit and he would like to get a letter concerning that matter by 12:00 noon.

Fredrick Gardiner asked if plans for Killearn are the same plans that were issued, is there any difference
between Killearn’s plans and Planning and Zoning plans. Mr. Welch said he will have to have the original
Killearn plans for the Planning and Zoning report. He wants to see the plans so he can make sure Mr.
Gardiner is certifying to certain plans.

Councilman Simmons made a motion to approve the rezoning as requested based on the 171 units and
meeting the Killearn requirements and the annexation; W. A. Gardner seconded, and passed unanimously.

Councilman Simmons made a motion to approve the variance as requested; W. A. Gardner seconded and
passed unanimously.
REGULAR MEETING

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA FEBRUARY 11, 2002

The Regular Meeting of the Stockbridge City Council was held February 11, 2002 at 6:00 P. M. and Mayor
R. G. Kelley presided. Members present were Harold Cochran, Fred Evans, W. A. Gardner, RonnieSimmons
and Fletcher Turner.

Harold Cochran made a motion to approve the minutes of January 14, 2002 Council Meeting, Fred Evans
seconded and approved unanimously.

Mayor Kelley welcomed guests.

The Council presented a Proclamation to Stockbridge High School for receiving 2002 Georgia School of
Excellence Award.

Bill Eaves, Principal and Tom Boutwell, Dr. Ingrid Forbes, Brat Cook, Rick Tucker, Assistant Principals were
present to receive the award.

Mayor Kelley stated that signs will be posted at the city limits so citizens will be aware that this award was
won based on the excellence of our students and faculty.

Motion was made by Fred Evans to install signs; Harold Cochran seconded, and passed unanimously.

PLANNING AND ZONING

Variance:
DAVIS DEVELOPMENT, INC. of Stockbridge, Georgia requests rezoning form M-1 (Light Industrial) to RM
(Multi Family) for property located in Land Lots 29 and 30 of the 12th District, Located on Rock Quarry Road.
The property contains 28.10 acres and the request is for a revised density calculation, and for a reduction in
the requirements for parking and amenity area.

Tabled

Rezoning:

DAVIS DEVELOPMENT, INC., of Stockbridge, Georgia requests rezoning from M-1 (Light Industrial to RM
(Multi-Family) for property located in Land Lots 29 and 30 of the 12th District, located on Rock Quarry Road.
The property contains 28.10 acres and the request if for a luxury apartment home community.

Fredrick Gardiner, Henry County Planner, advised the Council that on November 29, 2001 the Henry County
Planning Commission recommended approval of this request with conditions. Mr. Gad Woodall representing
Davis Development advised the Council they have 28.19 acres with approximately 20 acres of upland
acreage and 8.19 acres in floodplain and wetlands. They are asking the city to rezone the property from RA
and M1 to R2. Mr. Woodall introduced Robert Harvel, Lancaster and Associates, a planning and engineering
firm to do the presentation for this site.

Mr. Harvel advised that his firm has modified their application in terms of configuration of property to additional
upland acreage for the development. The total acreage is the same as the original application. They have
simply swapped out some of the floodplain and wetland acreage for upward acreage. They plan two hundred
(200) units with a density of 10 units per acre with the upland acreage. An exhibit showing the configuration
of the property was distributed to the Council. Based on the reconfigured property, the total acreage is 28.19
acres. Of that 20.0 acres will be upland acreage with 8.19 acres in floodplain or wetlands. They are purposing
a community of 200 units total which will provide a net density of 10 units per net usable upland acres. They
further ask for consideration to allow 2.0 parking ratio for the development rather than the 3.0 required by the
ordinance. The 2.0 ration has proven historically to be adequate for multi-family developments and that will
allow them to reduce the impervious surface on the property thereby generating a development which can
have the better qualities, less storm water runoff. Additionally, the buildings will be three (3) stories with
basements. They will respond to the Council’s questions.

A. J. Welch, City Attorney, responded that legal staff has reviewed this on behalf of the city with the developer
and they evidently have a new plan that he has not seen or reviewed. They are now requesting it be rezoned
as the same property that they requested before. If it could be moved to the end of the calendar, they will be
glad to review it now and see if they can give the Council some advice concerning the development. Without
a review, it should be tabled until their new request has been reviewed.

Mr. Harvel said the land illustrated is consistent in the two (2) applications and they have simply added some
upland acreage to the parcel and reduced some of the floodplain acreage but the portion that will receive the
development, under either scenario, is consistent. They will be willing to adjourn to the next room and go
over the plans.

Mayor Kelley asked Dale Hall if Planning and Zoning has reviewed these plans. Mr. Hall responded that he
or his staff has not seen the drawing. The acreage as it is described, the application is for 28.10 acres and
he is not sure this is different from the original application because this has not been presented for review.

Mayor Kelley said if the plans are changing from the way it was originally advertised the plans would have to
be re-advertised showing the changes. Mr. Welch replied that he would have to look at what Davis
Development has done to be able to advise the Council.

Mr. Harvel asked that they be moved back in the agenda and they will review the configuration of the property
to see that it meets the City’s requirements.

Later in the meeting, the Davis Development representative and A. J. Welch returned to the meeting. A. J.
Welch reported that Davis Development need to decide exactly how they plan to re-configure their plans and
they have been advised that if they want to add any additional property to this other than what was remaining
in the original zoning application, they will have to go back to Planning and Zoning and start all over, unless
they are going to ask for zoning for a certain area and then tie another area to that, they will be subject to a
development agreement and subject to control by the City. They are going to look to see if they can redraw
and Mr. Welch asked that the Council table decision tonight.

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

Mr. Welch pointed out that they may be a problem with the Killearn zoning issue approved at the last meeting.
The problem is not what the Council has done but the way Killearn drew it out and he is concerned about the
drawing techniques versus what the statute says and then coming back at a later date and say this is our
development plan that we used and this is what was presented and approved. There is not a development
plan that was approved by this Council and the Council should adopt a resolution tonight, directing the
Planning and Zoning Department and the building department not to issue any types of permits for that
development until a redrafted actual development plan is submitted to Planning and Zoning and they review
and approve and it complies with the ordinance adopted last month.

Fred Evans made a motion to approve resolution as recommended by A. J. Welch; W. A. Gardner seconded,
and passed unanimously.

R & B CONSTRUCTION, INC. of Jonesboro, GA requests rezoning from C-1 (Neighborhood Commercial)
to R-3 (Single Family Residential) for property located in Land Lot 42 of the 12th District off Spivey Glen
Drive. The property contains approximately 9.35 acres and the request is for a residential subdivision.

Fredrick Gardiner reported that the Planning Commission recommended approval of the request on January
10, 2002 with the following conditions:

1. The minimum house size shall be 1800 square foot (heated space).

2. The homes shall be build on-site (no modular or manufactured homes), with two (2)-car
garages standard.

3. The developer shall install sidewalks on both sides of the street and full-sodded yards.

4. Underground utilities and streetlights shall be required.

5. All homes shall have front facades consisting of brick, stone, stucco and any combination
thereof, with the remaining three sides consisting of a masonry material. Vinyl siding is
prohibited.

6. All lots shall front either interior subdivision streets or Spivey Glen Drive; no lots shall front
along Spivey Road.

7. The development should not exceed 2.5 dwelling units per acre.
Brandon Robertson, R & B Construction, Inc., asked that the minimum square footage be 1,500 instead of
1,800. The restrictive covenants for Spivey Glen call for a 1,500 square foot house minimum. They
requested to sod the front yards from property line to property line and hydro-seed the back yards. Also,
they do use OSB vinyl siding instead of the one half inch foam board so they have a structural integrity on
the house. On the 2.5 net dwelling units per acres, they ask that that be 2.5 gross dwelling units per acre.
Other than that they agreed with the other conditions.

Mayor Kelley stated that all of the other houses in that area have a minimum square footage of 1,800 but
there are no houses in the area under 1,800 square feet. Ted Strickland reported that the houses range
from 1,800 to 3,600 square feet. Some of the houses have fronts of stucco or brick and hardy plank. The
overall appearance of the subdivision is very well kept.

Bruce Vail, City Attorney, pointed out that many of the comments in the planning report apply here,
particularly with respect to reducing from the condition recommended by planning staff on the 2.5 net dwelling
units per acre. The zoning ordinance is being administered across the board and he recommends not
establishing a president by adopting the recommendation of going 2.5 gross. It should be held at 2.5 net.

Fredrick Gardiner reported that information taken from the tax digest show lots on Spivey Glen Subdivision
(Phase I) are 1,800 square feet minimum and homes along Spivey Glen Drive have an average of 2,642
square feet of heated space. Homes along Reeves Creek Way of Spivey Glen have an average of 2,891
square feet of heated space. All homes within Spivey Glen subdivision are constructed of brick, stone,
stucco and combination thereof with synthetic wood sides.

Councilman Simmons stated that he has received many calls concerning this matter. The request is for
Bailey’s Estate Subdivision to enter through Spivey Glen Subdivision entrance. Steve Rowan with Moore
Bass Consulting and Engineering explained the proposed entrance to the 22 lot subdivision. This plan is
over the 2.5 per acres and the staff report does not say “net”. To get within the Henry County current land
use plan they were to drop one (1) or two (2) lots to get under the 2.5 requirement, assuming this is assuming
to be gross units per acre.

Fredrick Gardner pointed out that the Henry County Land Use Plan calls for net acres in residential
subdivisions in terms of density calculation for that area is “net” and the Henry County Land Use Plan governs
density and subdivisions calls for 2.5 “net”.

Bruce Vail stated that the City has never granted anything with a density calculation based on “gross” and it
should be based on “net” density.
Councilman Simmons explained that he has been to Spivey Glen Subdivision and the houses are much
larger than the proposed houses in Bailey’s Estate. Downsizing construction it would hurt the integrity of
their property and a lot of the residents are looking at retiring and want to be able to sell their property and
not be devalued.

Brandon Robertson remarked that would it not be better to go to their zoning than to commercial and put
commercial buildings next to their houses. Mayor Kelley stated the City would not let them build commercial
buildings next to the property line; they would have property line setback and buffers. Mayor Kelley stated
the Council will approve or deny based on the application pending before them at this time.

Dale Hall explained that right now what the Council is doing falls in line with the transitional zoning. You have
a medium density residential development, all of a sudden you have commercial, the higher density
residential would then lead to the commercial along Highway 138.

Mayor Kelley announced that the Council will be glad to give speaking time to two (2) residents. William
Turner, past president of Spivey Glen Homeowners Association, informed Council that Spivey Glenn is a 200
home community and many attended the Henry County Planning and Zoning meeting on January 10, 2002
and they would urge the Council to adopt in full the recommendations of the Planning and Zoning Commission
which are consistent with their community which is a covenant protected community. That is why you see
such a well maintained community. They are concerned about the location and how it will be connected
through their community, and as they understand there is not much they can do as the zoning will not allow
access off Spivey Road other than say they urge approval as recommended by the Planning and Zoning
Commission. Mr. Turner asked that two (2) other members of their community be allowed to speak.

Jim Jacobson, 155 Spivey Glen Drive, stated that he assisted with construction and development of Spivey
Glen with Herman Homes when it started. He wanted to point out that when you talk about 1,500 versus
1,800 square foot homes. Their entrance will come in within four (4) doors from his home which is 3,600
square feet plus 900 square feet of decks with hot tub and patio areas. He does not object to them having
1,800 square feet but he will sit on his deck and look over their 1,800 square feet homes, but if they go to
1,500 feet and squeeze the lots smaller, he believes this would devalue their property enormously. Relative
to vinyl siding, as a building contractor for 52 years, he does not like the stuff. It’s almost impossible to
waterproof. It diminishes the value of the property area and as the Council noted, it is a beautifully kept
subdivision. He is chairman of the Architectural Compliance Committee and they have worked hard for seven
and one half (7 ½) to make sure it stays that way and he requests that the Council vote to approve as the
Planning Commission has recommended.

Carl Lewis, a realtor and a member of the Spivey Glen Association said he would like to discuss property
values at Spivey Glen. He sold one of the first houses over seven (7) years ago. He did not live there at the
time but two (2) years ago he moved in because of the value and upkeep of the neighborhood. He could
have chosen anywhere in Henry County he desired but he went back to Spivey Glen because he remembered
the value and upkeep of the neighborhood. He put together a competitive marketing analysis of the
neighborhood which will give the Council a great view of what the homes actually sell for. The analysis lists
the heated square footage and it is very important to keep the heated square footage up to 1,800 because if
you go under that the appraisers base their appraisal on heated square footage and if a smaller home comes
in and sells for equal the value of Spivey Glen homes that would directly impact Spivey Glen homes. It is
important that new homes should be equal to what is already there. They are not against building homes,
he is all for it. He could help sell larger homes and make them about $30,000 more for each home if they
will come up to the size of Spivey Glen. If he recalls, last time they were speaking of starting at about
$130,000 to $150,000. The least expensive home in Spivey Glen is in the $160,000’s. An appraiser will see
the Bailey’s Estates home before they see Spivey Glen and when they have a resale, he will compare the
square footage and it would depreciate the value of homes in Spivey Glen. If they would increase the homes
by 300 square feet they could sell the home for $20,000 or $30,000 more.

Councilman Simmons asked Mr. Robertson that if the Council passes the conditions before them would they
go back and rezone the property to commercial Mr. Robertson responded that they would not go back for
rezoning that they would try to work out something. Councilman Simmons said that for Spivey Glen’s benefit
he would like to see the development continuous of Spivey Glen and if you lived there you would not want
anything less. Mr. Robertson said that just for the record he lives within one-half mile from Spivey Glen.

Councilman Simmons made a motion to approve as presented with the seven (7) conditions from Henry
County Planning and Zoning; Fred Evans seconded, and passed unanimously.

OLD BUSINESS

TRELLIS STRICKLAND requests a home occupation license for an office to operate a general contracting
business. Ms. Strickland did not appear.

Motion was made by Fred Evans to table; Harold Cochran seconded, and passed unanimously.

NEW BUSINESS

NAN LEE, HENRY COUNTY CHAMBER OF COMMERCE. Ms. Lee was unable to attend this meeting and
will attend a later meeting.
BOB GRIFFIN AND JEFF ALVY – YMCA addressed the Council to ask for financial assistance for the
development of a YMCA in Henry County. Mayor Kelley asked for time to study this request.

Motion was made by Fred Evans to table; Harold Cochran seconded, and passed unanimously.

SET REGULAR MEETING DATES FOR 2002 – Adopt Resolution to set regular meeting dates for 2002.
These dates will be January 14, February 11, March 11, April 8, May 13, June 10, July 8, August 12,
September 9, October 14, November 11 and December 9, 2002.

W. A. Gardner made motion to adopt regular meeting dated for 2002; Fletcher Turner seconded, and passed
unanimously.

GAME ROOM ORDINANCE – To bring ordinance up-to-date with State law. Bruce Vail advised the Council
that the State has adopted specific rules governing coin operated amusement machines and those are the
devises that the City regulates under the game rule ordinance. Legal staff has incorporated a number of the
definitions into the City’s local ordinance that are found in State law and attempted to make the coverage of
the City’s game room ordinance more uniform and easier to understand and to give the City the ability to
regulate game rooms through the licensing mechanism the way they are intended to be regulated under
State law. Mr. Vail pointed out that a definition of a game room found on page 4 expressly exempts the
places that are licensed as a restaurant that satisfy health criteria, etc. We are not looking at a restaurant
that has a full operation by itself. We are looking at the arcades and game rooms and the places that focus
just on games. Mayor Kelley recommended the Council adopt this ordinance amendment.

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

CONFERENCE CENTER – Adopt Resolution to authorize Director of the Conference Center to execute lease
contracts when the Center is leased to companies and individuals.

Bruce Vail pointed out that this does not cover all leases; it covers only the ones that are temporary or modest
duration. Start this way and see how the business begins to operate and if necessary and if the Council
wishes, it can expand her authority. This has been discussed with Miranda Roberts, Director of the
Conference Center and she fully concurs with this plan.

Ronnie Simmons made a motion to approve; Fletcher Turner seconded and passed unanimously.
OLE STOCKBRIDGE DAYS, DAVID PLANCHON, CHAIRMAN – Requests using Clark Community Park
because the school is being renovated. Mayor Kelley reported that the City has stayed away from allowing
these types of functions in our parks because they do so much damage. Ted Strickland said the when David
Planchon called the books were checked and someone had already reserved for that dated. Mr. Strickland
pointed out that before the Council makes a decision they need to check to make sure the Conference Center
and pavilions are not booked because there is not enough parking for that many events at one time.

Fred Evans made a motion to deny the request to use Clark Community Park; Harold Cochran seconded
and passed unanimously.

Councilman Simmons suggested this matter could be considered if Mr. Planchon would like to attend a
Council Meeting to explain their request.

RICO’S, GRACEIELA O. DAVIS, 386B EAST ATLANTA ROAD – Requests alcohol license to serve beer,
wine and distilled spirits. Mayor Kelley pointed out that all documents have been submitted and background
check is clear.

Ronnie Simmons made a motion to approve license; Fletcher Turner seconded, and passed unanimously.

TASTEFUL EVENTS, INC., FELICIA WATTS, 2250 HIGHWAY 42 NORTH – Requests an alcohol license
to serve beer and wine. Mayor Kelley advised that all documents have been submitted and background
check is clear.

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

CHARLES R. WOFFORD, FUN & GAMES, 4431 NORTH HENRY BOULEVARD – Site where Joker’s Wild
was located. Mr. Wofford plans to open a game room at this site and later plans to apply for a license to
operate a repair of natural gas location equipment and gas main location equipment.

Mayor Kelley recommended this item be tabled until this building is checked out. The structure needs to be
checked as well as the electrical and plumbing and make sure everything meets City, County and State
codes.
Ronnie Simmons made a motion to table; Fred Evans seconded, and passed unanimously.

ANGELA MOORE, NORTHBRIDGE SUBDIVISION – To discuss intersection at Flippen Road and Old
Atlanta Road. Mrs. Moore recommends the Council allow no left turns off Old Atlanta Road onto Flippen
Road.

Ted Strickland reported that he has had a couple of calls and letters and they are asking for a right turn only
between 4:30 PM and 6: 30 PM. Left turns during these hours back traffic on Old Atlanta Road.

Councilman Simmons stated that this has been discussed in the past and nothing was done. Maybe Ted
Strickland could check with the City’s engineer to see if there is enough right-of-way to put a turning lane.
Maybe a no left turn could be used temporarily until it is determined if the turn lane could be constructed.

Bruce Vail said the first thing the Council needs to do if to figure where the right-of-way begins and ends and
that will require a survey of the area. A civil engineer would be able to tell if there is enough land for a turning
lane and if not how much would have to be acquired. There would be other considerations, if this would
cause more traffic congestion and if the turn lane would require too much of the right-of-way, etc.

Councilman Simmons noted that Northbridge Subdivision residents have already complain about cut-through
traffic. Mr. Vail pointed out that there may other traffic alternatives, the use of a crossing guard or police
officer to direct traffic.

Mayor Kelley recommended getting Ted Strickland to get a traffic study done at the intersection of Old Atlanta
Road and Flippen Road.

Ronnie Simmons made a motion to get traffic study; Fred Evans seconded and passed unanimously.

CONFERENCE CENTER

CHANGE ORDER # 21
For building interior finishes $505,871.00

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

CHANGE ORDER # 23

Modifications and additions $ 22,095.00

Ronnie Simmons made a motion to approve; Fletcher Turner seconded, and passed unanimously.

ARCADIS – Ted Strickland reminded the Council that the City came under the Stormwater Phase II
Permitting at the end of 2000. Arcadis is doing a study for Henry County Water and Sewerage Authority and
the City has the option to participate. The City Managers from the other cities in Henry County met to discuss
this several weeks ago and he would like to recommend that the Council approve $68,230.00 to include the
City of Stockbridge with the Arcadis contract.

Bruce Vail informed Council that the City could have an independent contract with Arcadis or join in with the
County. Another way would be an intergovernmental agreement and if the Council chooses this route, the
legal staff will be glad to work on this for the Council.

Ronnie Simmons made a motion to approve contracting with Arcadis and Henry County Water Authority;
Fred Evans seconded and passed unanimously.

HOME OCCUPATIONS

JULIA A. WRIGHT, 2003 EASTWOOD VILLAGE DR. – Mrs. Wright has requested a home occupation
license to sell jewelry at parties at the customer’s homes. Mrs. Wright was instructed by Mayor Kelley that
no parties could be held at her home because the City does not allow parking in the street. She will take
orders for jewelry at the customer’s home and the jewelry will be shipped direct to the customer. She will be
allowed an office in her house but if her business interferes with her neighbors then it becomes a problem.
No signs will be allowed.
Bruce Vail pointed out that the people who have sought and received the license to have a business out of
their home have found that they have to take alternative approaches in two respects. First as the Council
has pointed out, they have not had customers come to them. Now there are off site options that were
mentioned, you can go to the customer’s place. That’s what commercial property is for and that’s generally
where they go. The second is storage of materials. A lot of times people who want to do industrial cleaning
and they talk about storing materials on their property. For the most part, those people have to look for an
off site storage facility to store equipment to conduct their business. The office component can be out of their
house but they have to make alternative arrangements. That will be reflected on any license that is granted.

Motion was made by Ronnie Simmons to approve home occupation license; Fred Evans seconded, and
passed unanimously.

WILLIAM R. MOTE, 632 FALCONS RIDGE – Mr. Mote told Council that he will store his yard maintenance
equipment in his garage. All the work will be done on other people’s yards. Councilman Simmons asked if
his equipment is used to maintain his personal property and is stored in a closed garage each day.

Bruce Vail explained that restricted covenants run with the property and the association as applicable as the
one that has the ability to enforce the covenants with any particular use. When the Council has had a
questionable use has always asked to have a copy of the covenants to make sure that there is not some
violation going on. For the most part, to the extent that the covenants permit that, the Council will concedes
to it. If the Council wants to ask a particular applicant to provide legal staff or the city clerk with a copy of the
covenants, they can. For the most part that is an internal enforcement mechanism. He needs to be aware
that he has to comply with the restrictive covenants or he faces enforcement problems.

Mayor Kelley stated that the City will not override Mr. Mote’s subdivision covenants. Councilman Simmons
pointed out that the City receives complaints from citizens complaining that their neighbor has an ugly trailer
with equipment and he must agree to store it inside his garage.

Ronnie Simmons made a motion to approve with the condition that his trailer and equipment must be stored
behind closed doors at all times; Fred Evans seconded, passed unanimously.

JOANETTE L. FARROW 302 SUMMER HILL CIRCLE – Mrs. Farrow is requesting a home occupation
license as a clothing designer and seamstress. She goes to the client’s house for fittings and design and will
bring the garment to her home for alternations, etc. Mayor Kelley pointed out that no signs will be allowed,
no traffic problem and parking on street.
Fred Evans made a motion to approve; Fletcher Turner seconded, and passed unanimously.

DEREK T. CARROLL, 305 IRON HORSE WAY – Requesting a home occupation license to operate a
landscape business from his home. He will use his home for invoicing and paper work. All equipment is kept
on the trailer in his garage and his truck is parked outside. He uses his equipment to maintain his personal
home.

Councilman Simmons asked if he has any problem with the conditions.

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

MARCIA NICHOLS, 758 DEERWOOD DRIVE – Requested a home occupation license to operate an
equipment leasing business from her home. She will only maintain an office. No equipment will be stored at
her house.

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

DARRELL R. PICKETT, 276 McKINLEY LOOP – Mr. Pickett requested a home occupation license to
operate a building inspection business from his home. He will have his office located in his home and the
only equipment he will have is a tool box and he will have no hazardous materials.

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

DEZINE PROPERTY MAINTENANCE, 251 MEMORY LANE – Requested a home occupation license for
inside cleaning and yard design and maintenance. His home will be used for office space and record keeping.

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

THE BINION COMPANY, INC., DERWIN K. BINION, 513 CHAUCER WAY – Mr. Binion requested a home
occupation license to operate a management and finance advisory firm. He will provide financial, accounting
and managerial advisory services to small businesses and individuals considering starting a business or sole
proprietorships. The only equipment will be a computer and desk. There will be no customers coming to the
residence, no signs and no parking in the street.

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

EXECUTIVE SESSION

Fred Evans made a motion to go into Executive Session for the purpose of a personnel matter; Harold
Cochran seconded, and passed unanimously.

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

RAY MANGHAM – Mayor Kelley recommended the Council reinstate Ray Mangham to employment with the
City effective February 12, 2002.

Fred Evans made a motion to reinstate Ray Mangham; Harold Cochran seconded, and passed unanimously.

AMEND AGENDA

Motion was made by Fred Evans to amend the Agenda; Harold Cochran seconded, and passed unanimously.

MT. ZION PARKWAY. Bruce Vail advised the Council that Larry E. Wilensky and Sid M. Kresses wish to
dedicate to the City a public street, Mt. Zion Parkway. The resolution is available for adoption and will conform
the dedication consistent to State law.

Fletcher Turner made a motion to accept Mt Zion Parkway as a City street; Ronnie Simmons seconded and
passed unanimously.
Harold Cochran made a motion to convene; Fred Evans seconded, and passed unanimously. Meeting
adjourned at 7:45 P. M.

Respectfully submitted,

Merle Manders R. G. Kelley
City Clerk Mayor
