---
date: 2022-08-25
title: Planning Commission Agenda Packet
source: 2022-08/2022-08-25_Planning Commission_Agenda Packet.pdf
pages: 1
---

STOCKBRIDGE Planning Commission
PLANNING COMMISSION Meeting
BOARD MEMBERS
Agenda
Askia Abdullah, Chair
Kathleen Nelson, Vice-Chair
August 25, 2022 6:30 PM
Stanley Dumas
Harold Thibodeaux
David Planchon
Rodney Hornes

ADMINISTRATION
Brecca Carter
Community Development Director

Ryan Anderson
Chief Planner

STOCKBRIDGE CITY HALL
Linda Logan,
4640 NORTH HENRY BLVD.
Senior Planner, Secretary
STOCKBRIDGE, GA 30281

Gordon Linton, Planner I Website: www.cityofstockbridge.com

Phone: 770-389-7900
Quinton Washington, City Attorney
Fax: 770-389-7912
AGENDA
PLANNING COMMISSION MEETING
CITY OF STOCKBRIDGE
THURSDAY, AUGUST 25, 2022 6:30 PM

I. CALL TO ORDER
II. INVOCATION
III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. ADOPTION OF THE AGENDA
VI. APPROVAL OF MINUTES
July 28, 2022 Summary Minutes

PUBLIC HEARING

Item # 1 - ANNEXATION CASE #AX-2022-01 -- The City of Stockbridge Planning
Commission and the City of Stockbridge Mayor and City Council will hear an
Annexation Request by S3 Capital Investments, LLC, the Applicant, represented
by Battle Law, P.C., the Agent, to annex a parcel, as described below, into the
Stockbridge City Limits from unincorporated Henry County in order to allow
the parcel to be combined with an adjacent parcel for an age-restricted
residential development.

Parcel #071-01034012 – Subject property is in unincorporated Henry County,
with frontage on Highway 42 North, across from Summit View Drive. Currently
zoned ‘MU’ (Mixed-Use), with a land use designation of ‘MIX’ (Mixed-
Use). Contains 20.00 +/- acres. Located in Land Lot 31 of District 7.
NOTE: This case was deferred at the July 28, 2022 Planning
Commission meeting.
Presented by: Ryan Anderson

Item # 2 - COMPREHENSIVE PLAN AMENDMENT CASE #CP-2022-02 --
Consideration of a Comprehensive Plan Amendment Request by S3 Capital
Investments, LLC, the Applicant, represented by Battle Law, P.C., the Agent, to
change the future land use designations of certain parcels, as are described
below, from ‘Light Industrial’ and ‘Mixed-Use’ to ‘High-Density Residential’ in
order to allow for an age-restricted residential development.
Page | 3

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

Parcel #071-01034012 – Subject property is in unincorporated Henry County,
with frontage on Highway 42 North, across from Summit View Drive. Applicant
proposes to change the current County land use designation of ‘Mixed-Use’ to
the City land use designation of ‘High-Density Residential’ after the parcel is
annexed into the Stockbridge City Limits. Contains 20.00 +/- acres. Located in
Land Lot 31 of District 7.
NOTE: This case (AX-2022-01) was deferred at the July 28, 2022 Planning
Commission meeting.
Presented by: Ryan Anderson

Item # 3 - REZONING CASE #RZ-2022-02 -- Consideration of a Rezoning Request
by S3 Capital Investments, LLC, the Applicant, represented by Battle Law, P.C.,
the Agent, to rezone certain property from ‘OI’ (Office-Institutional) and ‘LI’
(Light Industrial) in the Stockbridge City Limits and ‘MU’ (Mixed-Use) in
unincorporated Henry County to ‘PUD’ (Planned Unit Development) to allow for
an age-restricted residential development. The property contains two parcels,
as are listed below, with 42.01 +/- total acres.
Parcel #071-01034014—Located within the Stockbridge City Limits, with
frontage on Highway 42 North and situated at the end of Technology Parkway.
Currently zoned ‘OI’ (Office-Institutional) and ‘LI’ (Light Industrial). Property also
lies within the Parkway Mixed-Use Overlay District. Contains 22.01 +/-
acres. Located in Land Lot 31 of District 7.
Parcel #071-01034012 – Subject property is in unincorporated Henry County,
with frontage on Highway 42 North, across from Summit View Drive. Currently
zoned ‘MU’ (Mixed-Use). Contains 20.00 +/- acres. Located in Land Lot 31 of
District 7.
NOTE: This case (RZ-2022-02) was deferred at the July 28, 2022 Planning
Commission meeting.
Presented by: Ryan Anderson

Item # 4 - REZONING CASE #RZ-2022-03 -- Consideration of a request for a
change in zoning from RR (Rural Residential District) to OI (Office-Institutional
District) for 0.964 acres at 3884 Walt Stephens Road in Land Lot 25 of Section
12, comprising Parcel #031-02012000. Application by CKC Commercial
Properties, LLC, c/o Battle Law, P.C.

Presented by: Ryan Anderson

August 25, 2022 6:30 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900
Page | 4

Item # 5 - VARIANCE CASE #VR-2022-02 -- Consideration of a request for (1) a
variance to reduce the required minimum lot width of 125 feet to 96.37 feet; (2) a
variance to reduce the buffer on the eastern side from 50 feet to 0 feet; and (3) a
variance to reduce the buffer on the western side of the property from 50 feet to
0 feet for 0.964 acres at 3884 Walt Stephens Road in Land Lot 25 of District 12,
comprising Parcel #031-02012000. Application by CKC Commercial Properties,
LLC, c/o Battle Law, P.C.
Presented by: Ryan Anderson

Item # 6 - COMPREHENSIVE PLAN AMENDMENT CASE #CP-2022-03 --
Consideration of a request for an amendment to the City of Stockbridge
Comprehensive Future Land Use Plan from Low-Density Vertical Mixed-Use to
High Density Residential to allow for a mixed-use residential
development. Application by Highway 138/Spivey Road Land Assemblage, LLC,
represented by Randy Stamey, the Agent. The property contains 26.5 +/-total
acres within twelve (12) parcels in Land Lot 42 of District 12, as are listed below,
within the Stockbridge City Limits.
Parcel #012-02013001—Located on the south side of Highway 138 West / Lake
Spivey Parkway, across from Glen Devon Road. Contains 14.01 +/-
acres. Zoned ‘RR’ (Rural Residential).
Parcel #012-02009051—Located on Spivey Road, south of Tributary
Parkway. Contains 7.40 +/- acres. Zoned ‘SR’ (Suburban Residential).
Parcel #012D01001000—Located at 1225 Highway 138 West, west of Tributary
Parkway. Contains 1.444 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01012000—Located at the southeast corner of Tributary Parkway
and Berkeley Drive. Contains 0.501 +/- acres. Zoned ‘C-2’ (General
Commercial).
Parcel #012D01004000—Located at 1300 Berkeley Drive, between Tributary
Parkway and Star Creek Drive. Contains 0.475 +/- acres. Zoned ‘C-2’ (General
Commercial).
Parcel #012D01005000—Located at the southwest corner of Berkeley Drive and
Star Creek Drive. Contains 0.375 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01006000—Located at 1660 Starr Circle. Contains 1.018 +/- acres.
Zoned ‘C-2’ (General Commercial).
Parcel #012D01007000-- Located at 1600 Starr Circle. Contains 0.731 +/-
acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01008000—Located at 1650 Starr Circle. Contains 0.968 +/- acres.
Zoned ‘C-2’ (General Commercial).
Parcel #012D01009000—Located at 1700 Starr Circle. Contains 1.21
acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01010000-- Located at the northwest corner of Berkeley Drive and
Spivey Road. Contains 0.737 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01011000—Located at the southeast corner of Berkeley Drive and
Starr Circle. Contains 0.799 +/- acres. Zoned ‘C-2’ (General Commercial).

Presented by: Ryan Anderson

August 25, 2022 6:30 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900
Page | 5

Item # 7 - REZONING CASE #RZ-2022-04 -- Consideration of a request for a
change in zoning for 26.5 +/-total acres from ‘RR’ (Rural Residential), ‘SR’
(Suburban Residential), and ‘C-2’ (General Commercial) to ‘PUD’ (Planned Unit
Development) to allow for a mixed-use residential development. Application by
Highway 138/Spivey Road Land Assemblage, LLC, represented by Randy
Stamey, the Agent. The property contains twelve (12) parcels in Land Lot 42 of
District 12, as are listed below, within the Stockbridge City Limits.
Parcel #012-02013001—Located on the south side of Highway 138 West / Lake
Spivey Parkway, across from Glen Devon Road. Contains 14.01 +/-
acres. Zoned ‘RR’ (Rural Residential).
Parcel #012-02009051—Located on Spivey Road, south of Tributary
Parkway. Contains 7.40 +/- acres. Zoned ‘SR’ (Suburban Residential).
Parcel #012D01001000—Located at 1225 Highway 138 West, west of Tributary
Parkway. Contains 1.444 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01012000—Located at the southeast corner of Tributary Parkway
and Berkeley Drive. Contains 0.501 +/- acres. Zoned ‘C-2’ (General
Commercial).
Parcel #012D01004000—Located at 1300 Berkeley Drive, between Tributary
Parkway and Star Creek Drive. Contains 0.475 +/- acres. Zoned ‘C-2’ (General
Commercial).
Parcel #012D01005000—Located at the southwest corner of Berkeley Drive and
Star Creek Drive. Contains 0.375 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01006000—Located at 1660 Starr Circle. Contains 1.018 +/- acres.
Zoned ‘C-2’ (General Commercial). Parcel #012D01007000-- Located at 1600
Starr Circle. Contains 0.731 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01008000—Located at 1650 Starr Circle. Contains 0.968 +/- acres.
Zoned ‘C-2’ (General Commercial).
Parcel #012D01009000—Located at 1700 Starr Circle. Contains 1.21 +/-
acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01010000-- Located at the northwest corner of Berkeley Drive and
Spivey Road. Contains 0.737 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01011000—Located at the southeast corner of Berkeley Drive and
Starr Circle. Contains 0.799 +/- acres. Zoned ‘C-2’ (General Commercial).
Presented by: Ryan Anderson

Item # 8 - RECOMBINATION PLAT CASE #RC-2022-01 -- Consideration of a
request for combination plat approval for 26.5 +/-total acres in Land Lot 42 of
District 12 within the Stockbridge City Limits. Application by Highway
138/Spivey Road Land Assemblage, LLC, represented by Randy Stamey, the
Agent, to assemble twelve (12) parcels of land that are listed below to form a
development site for a mixed-use residential development.
Parcel #012-02013001—Located on the south side of Highway 138 West / Lake
Spivey Parkway, across from Glen Devon Road. Contains 14.01 +/- acres. Zoned
‘RR’ (Rural Residential).
Parcel #012-02009051—Located on Spivey Road, south of Tributary
Parkway. Contains 7.40 +/- acres. Zoned ‘SR’ (Suburban Residential).
Parcel #012D01001000—Located at 1225 Highway 138 West, west of Tributary
August 25, 2022 6:30 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900
Page | 6

Parkway. Contains 1.444 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01012000—Located at the southeast corner of Tributary Parkway
and Berkeley Drive. Contains 0.501 +/- acres. Zoned ‘C-2’ (General
Commercial).
Parcel #012D01004000—Located at 1300 Berkeley Drive, between Tributary
Parkway and Star Creek Drive. Contains 0.475 +/- acres. Zoned ‘C-2’ (General
Commercial).
Parcel #012D01005000—Located at the southwest corner of Berkeley Drive and
Star Creek Drive. Contains 0.375 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01006000—Located at 1660 Starr Circle. Contains 1.018 +/- acres.
Zoned ‘C-2’ (General Commercial).
Parcel #012D01007000--Located at 1600 Starr Circle. Contains 0.731 +/-
acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01008000—Located at 1650 Starr Circle. Contains 0.968 +/-
acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01009000—Located at 1700 Starr Circle. Contains 1.21
acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01010000-- Located at the northwest corner of Berkeley Drive and
Spivey Road. Contains 0.737 +/- acres. Zoned ‘C-2’ (General Commercial).
Parcel #012D01011000—Located at the southeast corner of Berkeley Drive and
Starr Circle. Contains 0.799 +/- acres. Zoned ‘C-2’ (General Commercial).
Presented by: Ryan Anderson

PROJECT UPDATES

STAFF COMMENTS

BOARD COMMENTS

ADJOURNMENT

August 25, 2022 6:30 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900
City of Stockbridge
Mission: To provide visionary leadership and superior municipal services that enhance
the quality of life for citizens while creating a welcoming business atmosphere focused
on sustainability and expansion of tourism and cultural events.

SUMMARY MINUTES
PLANNING COMMISSION
THURSDAY, July 28, 2022 at 6:30 p.m.

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

I. CALL TO ORDER – Chairman Abdullah; 6:30 PM

II. INVOCATION – Led by Harold Thibodeaux.

III. PLEDGE OF ALLEGIANCE – Done in unison.

IV. ROLL CALL (6 members): Present Absent

~ Askia Abdullah X

~ Kathleen Nelson X

~ Stanley Dumas X

~ Harold Thibodeaux X

~ David Planchon X

~ Rodney Hornes X
V. ADOPTION OF THE AGENDA
A motion to adopt the Agenda was made by David Planchon, and it was seconded by
Stanley Dumas. A vote was taken, and the Agenda was unanimously approved.

VI. APPROVAL OF MINUTES – June 23, 2022 Summary Minutes

A motion to approve the Summary Minutes from the June 23, 2022 meeting was made
by Kathleen Nelson, and it was seconded by David Planchon. A vote was taken, and
the Summary Minutes were unanimously adopted.

VII. REVISION OF PLANNING COMMISSION MEETING FORMAT -- The Planning
Commission will consider a revision to its meeting format (in-person versus virtually)
due to the recent ending of the Statewide pandemic emergency declaration.

To be presented by Brecca Carter, Community Development Director.
Ms. Carter presented the current and proposed 2022 Planning & Zoning Schedules.
The current Schedule states that Planning Commission meetings are conducted by
Zoom, whereas the proposed Schedule states that Planning Commission meetings
will be held in the Council Chamber at the Stockbridge City Hall. Ms. Logan further
stated that a statement had been added to the proposed Schedule to indicate that
each row in the table represents an “application cycle.”
Chairman Abdullah made a motion to adopt the revised 2022 Planning & Zoning
Schedule, and it was seconded by Kathleen Nelson. A vote was taken, and the
motion was unanimously adopted.

VIII. PUBLIC HEARINGS – A, B, & C
To be presented by the Community Development Staff.
A. ANNEXATION CASE #AX-2022-01 -- The City of Stockbridge Planning
Commission and the City of Stockbridge Mayor and City Council will hear an
Annexation Request by S3 Capital Investments, LLC, the Applicant, represented
by Battle Law, P.C., the Agent, to annex a parcel, as described below, into the
Stockbridge City Limits from unincorporated Henry County in order to allow the
parcel to be combined with an adjacent parcel for an age-restricted residential
development.
Parcel #071-01034012 – Subject property is in unincorporated Henry
County, with frontage on Highway 42 North, across from Summit View Drive.
Currently zoned ‘MU’ (Mixed-Use), with a land use designation of ‘MIX’
(Mixed-Use). Contains 20.00 +/- acres. Located in Land Lot 31 of District 7.

NOTE: The applicant for this case (AX-2022-01) has submitted a letter to
request the deferral of the public hearing until the August 25, 2022 Planning
Commission meeting.
Ms. Carter explained that the applicant had requested a deferral of this case

City of Stockbridge, GA Planning Commission Summary Minutes for July 28, 2022 2
until the August 25th meeting, and that Staff had accepted the request.
Ms. Nelson made a motion to defer the case until the August 25th meeting, and
Mr. Dumas seconded the motion. A vote was taken, and the motion was
unanimously approved.

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

NOTE: This case (CP-2022-02) has been postponed by Staff until the August
25, 2022 Planning Commission meeting.

Ms. Carter explained that Staff decided to postpone this case so that it could be
discussed along with the annexation case (AX-2022-01) at the August 25th
meeting.
Ms. Nelson made a motion to defer the case until the August 25th meeting, and
Mr. Dumas seconded the motion. A vote was taken, and the motion was
unanimously approved.

C. REZONING CASE #RZ-2022-02 -- The City of Stockbridge Planning Commission
and the City of Stockbridge Mayor and City Council will hear a Rezoning Request
by S3 Capital Investments, LLC, the Applicant, represented by Battle Law, P.C.,
the Agent, to rezone certain property from ‘OI’ (Office-Institutional) and ‘LI’ (Light
Industrial) in the Stockbridge City Limits and ‘MU’ (Mixed-Use) in unincorporated
Henry County to ‘PUD’ (Planned Unit Development) to allow for an age-restricted
residential development. The property contains two parcels, as are listed below,
with 42.01 +/- total acres.
• Parcel #071-01034014—Located within the Stockbridge City Limits, with
frontage on Highway 42 North and situated at the end of Technology

City of Stockbridge, GA Planning Commission Summary Minutes for July 28, 2022 2
Parkway. Currently zoned ‘OI’ (Office-Institutional) and ‘LI’ (Light
Industrial)’. Property also lies within the Parkway Mixed-Use Overlay
District. Contains 22.01 +/- acres. Located in Land Lot 31 of District 7.
• Parcel #071-01034012 – Subject property is in unincorporated Henry
County, with frontage on Highway 42 North, across from Summit View Drive.
Currently zoned ‘MU’ (Mixed-Use). Contains 20.00 +/- acres. Located in
Land Lot 31 of District 7.

NOTE: This case (RZ-2022-02) has been postponed by Staff until the August
25, 2022 Planning Commission meeting.

Ms. Carter explained that Staff decided to postpone this case so that it could be
discussed along with the annexation case (AX-2022-01) at the August 25th
meeting.
Ms. Nelson made a motion to defer the case until the August 25th meeting, and
Harold Thibodeaux seconded the motion. A vote was taken, and the motion
was unanimously approved.

IX. PROJECT UPDATES
To be presented by the Community Development Staff. No action is required.

Ms. Carter provided the following project updates:
1. Bridges at Jodeco – Staff have held discussions with a proposed “big box”
commercial developer. Residential “rooftops” are needed first. The approved
Jodeco Master Plan requires a commercial component.
2. Winding Creek Townhomes, Phase 3 – This project is underway.
3. Oaks at Eagles Landing – This project is 90 percent complete.
4. Tru Hilton Hotel – This project is underway.
5. Best Western Hotel – The applicant’s plans are being finalized with the contractor.
6. Brannan Road Subdivision – Not much is happening with this project.

X. STAFF COMMENTS
To be presented by the Community Development Staff. No action is required.
1. Comprehensive Plan -- Ms. Carter stated that the Staff would be updating the
City’s Comprehensive Plan next year, and that City Council has approved the use
of assistance from the Atlanta Regional Commission (ARC).
2. Amphitheater – Ms. Carter said that the Amphitheater will be starting its fall
season of concerts.

City of Stockbridge, GA Planning Commission Summary Minutes for July 28, 2022 2
XI. BOARD COMMENTS
Board members expressed their interest in visiting some of the project sites for
various proposed developments. Ms. Carter said that Ryan Anderson could
coordinate such visits with two or three members at a time, in order to avoid the
presence of a quorum of members to prevent the visits from being official meetings.

XII. ADJOURNMENT
Roger Hornes made a motion to adjourn the meeting, and it was seconded by Mr.
Thibodeaux. The meeting was adjourned at 6:45 p.m.

City of Stockbridge, GA Planning Commission Summary Minutes for July 28, 2022 2
City of Stockbridge
4640 North Henry Blvd. Stockbridge, GA 30281

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

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

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

All the best,

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

X NON-REFUNDABLE APPLICATION FEE - $300.00

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

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

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

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

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

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

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

An additional list for parcels and signatures is attached.

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

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

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

Location Address: 2125 Highway 42 North McDonough, GA 30253

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

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

ATTACH LEGAL DESCRIPTION

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

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

Name:
Southern Crescent Rehab & Retirement Co Inc

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

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

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

Signature:
�� Date:
;z_J 20/2L

Personally appeared before me,

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

Notary P

Print

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SURVEYORS CERTIFICATION:

GENERAL NOTES:

B15008
BOUNDARY SURVEY
19.995 ACRES

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STATEMENT OF INTENT

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

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

Of

S3 Capital Investments, LLC.,
For

+/- 20.0 acres of
Land Being all of

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

Submitted for Applicant by:

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

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

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

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

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

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

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

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

Michele L. Battle, Esq.
Attorney for the Applicant
AX-2022-01 for 2125 Highway 42 North in Unincorporated Henry County

TO: Mayor/Council
Planning Commission

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

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

DATE: August 25, 2022

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

I. PURPOSE

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

II. BACKGROUND

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

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900; August 25, 2022 /1
AX-2022-01 for 2125 Highway 42 North in Unincorporated Henry County

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

III. FINDINGS OF FACT

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

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

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

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

IV. PROJECT DESCRIPTION

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

To allow for the proposed development, the applicant has also applied for a rezoning of
the subject property (from Henry County’s ‘MU’ (Mixed Use) to the City’s ‘PUD’ (Planned
Unit Development), as well as a change in the property’s land use designation (from
Henry County’s ‘MIX’ (Mixed Use) to the City’s ‘High-Density Residential’. Further, the
applicant would need to apply for a Recombination Plat to combine the two parcels.

The applicant’s submitted Conceptual Site Plan shows that three accesses would be
provided into the proposed development. These include the existing driveway at 2125

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900; August 25, 2022 /2
AX-2022-01 for 2125 Highway 42 North in Unincorporated Henry County

Highway 42 North, which serves the existing Southern Crescent Rehabilitation &
Retirement Center; a new entrance off Highway 42 North, across from Glenmore Lane;
and the extension of Technology Parkway. A central street would connect the two tracts,
crossing over the existing stream.

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

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

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

V. MAPS AND ILLUSTRATIONS TO FOLLOW:

A. Aerial Photograph

B. Boundary Survey

C. Henry County Zoning Map

D. City of Stockbridge Zoning Map

E. Henry County Land Use Designation Map

F. Conceptual Site Plan

G. Rendering

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900; August 25, 2022 /3
AX-2022-01 for 2125 Highway 42 North in Unincorporated Henry County

AERIAL PHOTOGRAPH

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

BOUNDARY SURVEY

Subject Property:

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900; August 25, 2022 /4
AX-2022-01 for 2125 Highway 42 North in Unincorporated Henry County

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

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

HENRY COUNTY ZONING MAP

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900; August 25, 2022 /5
AX-2022-01 for 2125 Highway 42 North in Unincorporated Henry County

From the Henry County Tax Assessors’ Office

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

CITY OF STOCKBRIDGE ZONING MAP

Legend:

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900; August 25, 2022 /6
AX-2022-01 for 2125 Highway 42 North in Unincorporated Henry County

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

HENRY COUNTY LAND USE DESIGNATION MAP

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900; August 25, 2022 /7
AX-2022-01 for 2125 Highway 42 North in Unincorporated Henry County

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

CONCEPTUAL SITE PLAN

The Conceptual Site Plan shows three proposed accesses into the site, a central street

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900; August 25, 2022 /8
AX-2022-01 for 2125 Highway 42 North in Unincorporated Henry County

connecting the two tracts and crossing over a stream, amenities for each tract, and three
detention ponds.

G. RENDERING

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

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900; August 25, 2022 /9
AX-2022-01 for 2125 Highway 42 North in Unincorporated Henry County

V. ANALYSIS OF REQUEST

The applicant requests a petition for annexation under the City of Stockbridge Unified
Development Code, Section 9.8. The Planning Commission and the City Council shall
consider the following standards in considering any proposal that would result in a change
to the text or map of this UDC, giving due weight or priority to those factors that are
City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900; August 25, 2022 /10
AX-2022-01 for 2125 Highway 42 North in Unincorporated Henry County

appropriate to the circumstances of each proposal.

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

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

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

The 100% Method would be used.

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

Yes. It is located within Henry County.

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

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

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

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

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

No. The subject property has a Henry County land use designation of ‘MIX’ (Mixed-
Use). The adjacent Tract 2 to the north, which would be combined with the subject
property for the proposed development, has a dual land use designation of ‘Low-
Density Residential’ and ‘Light Industrial’. Although the applicant’s proposed
Comprehensive Plan Amendment of the subject property to ‘High-Density Residential’
would not be compatible with these designations, the applicant also seeks to change
the land use designations of Tract 2 to ‘High-Density Residential’.

7. Does the proposed annexed property share a common zoning classification

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900; August 25, 2022 /11
AX-2022-01 for 2125 Highway 42 North in Unincorporated Henry County

with the adjoining City property as described in Section 9.8 of the Unified
Development Code?

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

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

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

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

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

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

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

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

A letter from the Henry County Water Authority, dated May 23, 2022, stated that
water service, sewage treatment, and sewer line capacity are all available for the
subject property. However, it further states that the proposed site plan would be “in
conflict” with an existing 8-inch sewer line, and that the sewer would need to be
relocated at the developer’s expense. In addition, an easement would be required to
access the sewer line from Highway 42 North.

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

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

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900; August 25, 2022 /12
AX-2022-01 for 2125 Highway 42 North in Unincorporated Henry County

issues with the proposed internal traffic circulation.

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

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

Summary of Impacts / Concerns

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

VI. STAFF RECOMMENDATION

The proposed annexation is reasonable in view of 1) the applicant’s plans to include the
subject parcel with the adjacent parcel for a proposed independent living/age-restricted
development traversing both parcels; 2) the surrounding land uses and conditions; and
3) the satisfactory findings of the twelve (12) Analysis criteria above. The Community
Development Staff therefore recommends the APPROVAL of AX-2022-01 for the
annexation of the subject property at 2125 Highway 42 North into the Stockbridge City
Limits.

City of Stockbridge Community Development; Stockbridge, Georgia; 678-389-7900; August 25, 2022 /13
CP--2022-02 for 2125 Highway 42 North in Unincorporated Henry County

TO: Mayor/Council
Planning Commission

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

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

DATE: August 25, 2022

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

I. PURPOSE

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

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

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

CP--2022-02 for 2125 Highway 42 North in Unincorporated Henry County

II. BACKGROUND

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

III. FINDINGS OF FACT

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

CP--2022-02 for 2125 Highway 42 North in Unincorporated Henry County

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

IV. PROJECT DESCRIPTION

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

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

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

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

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

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

CP--2022-02 for 2125 Highway 42 North in Unincorporated Henry County

V. MAPS AND ILLUSTRATIONS TO FOLLOW:

A. Aerial Photograph

B. Boundary Survey

C. Henry County Zoning Map

D. City of Stockbridge Zoning Map

E. Henry County Land Use Designation Map

F. Conceptual Site Plan

G. Rendering

CP--2022-02 for 2125 Highway 42 North in Unincorporated Henry County

A. AERIAL PHOTOGRAPH

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

A. BOUNDARY SURVEY

CP--2022-02 for 2125 Highway 42 North in Unincorporated Henry County

B. BOUNDARY SURVEY

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

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

CP--2022-02 for 2125 Highway 42 North in Unincorporated Henry County

C. HENRY COUNTY ZONING MAP

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

CP--2022-02 for 2125 Highway 42 North in Unincorporated Henry County

D. CITY OF STOCKBRIDGE ZONING MAP

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

CP--2022-02 for 2125 Highway 42 North in Unincorporated Henry County

E. HENRY COUNTY LAND USE DESIGNATION MAP

From the Henry County Comprehensive Plan

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

CP--2022-02 for 2125 Highway 42 North in Unincorporated Henry County

F. CONCEPTUAL SITE PLAN

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

10
CP--2022-02 for 2125 Highway 42 North in Unincorporated Henry County

G. RENDERING

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

11
CP--2022-02 for 2125 Highway 42 North in Unincorporated Henry County

V. ANALYSIS OF REQUEST

A. Consistency with the Comprehensive Plan.

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

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

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

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

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

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

12
CP--2022-02 for 2125 Highway 42 North in Unincorporated Henry County

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

STAFF RECOMMENDATION

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

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

13
THANK YOU FOR YOUR INTEREST IN THE CITY OF STOCKBRIDGE, GEORGIA. THIS
PACKET INCLUDES THE NECESSARY DOCUMENTS THAT ARE NEEDED FOR APPLYING
FOR AN AMENDMENT TO THE STOCKBRIDGE COMPREHENSIVE PLAN.

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

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

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

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

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

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

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

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

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

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

Grandiflora Drive
Property Address: ____________________________________________________________________________

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

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

Witness’ Signature Signature of Applicant

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

Notary Signature of Agent

Notary Seal:

(For Office Use Only)

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

Application checked by: _______________________________Date: _____________ _____________________________________

Pre-application meeting: _______________________________________________ Date: __________________________________

Planning Commission Decision: _______________________________________________________________________________

Mayor/City Council Decision:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Signature of Applicant' s Attorney, if applicable

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

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

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

Name:
Southern Crescent Rehab & Retirement Co Inc

Property Address : 2125 Highway 42 North McDonough, Georgia 30253

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

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

Personally appeared before me,

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

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

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

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

SOUTHERN CRESCENT
12
35 97
H N

ERN RAI
EC
121 11
36 98 10 T
9 142

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

HW
6 CIT Y 139

INDEPENDENT LIVING
96 YO CO
39 118 FS UN

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

OR
BR

K SOUTH
102 3 IDG
94 136

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

NORFOL
132
92
44 105
113 147
91 CABANA 163
PICKLEBALL

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

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

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

11
9 8 7 6 1
12 5 4 3 2

13

78 79 80 81 82 83 85 86
84
14

15

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

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

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

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

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

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

C Moore Bass Consulting 1
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CITY F'O STOCKBRIOGE
ZONED M-1 ?-'d 1.-

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

HENRY COUNTY
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PROJECT NO.:
131~

DRAWN BY: TUA

100· :zoo· JOO"
SCA!.£:1"s100'

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

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

RESERVED FOR CLERK OF THE SUPERIOR COURT E

SS

SS

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

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

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

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

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

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N/F fTl C X

MAGNOLIAS AT EAGLES

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

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

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

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

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

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

File No: LK144911
Auction #JOA30-7102

LIMITED WARRANTY DEED

STATE OF GEORGIA

COUNTY OF COBB

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

HARVEST POINT UNITED METHODIST CHURCH, INC.

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

S3 CAPITAL INVESTMENTS, LLC

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

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

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BK: 13781 PG: 294

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

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

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

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

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

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

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

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BK: 13781 PG: 295

EXHIBIT A

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

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

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STATEMENT OF INTENT

and

Other Material Required by
City of Stockbridge Zoning Ordinance

For

Annexation, Rezoning, and Future Land Use Map Amendment

of

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

for

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

Submitted for Applicant by:

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

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

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

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

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

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

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

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

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

II. REVIEW CRITERIA FOR JUSTIFICATION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

IV. Conclusion

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

This 1st day of June 2022.

Respectfully submitted,

Michele L. Battle, Esq. Attorney for the Applicant

c/o Tyler McSwain, Senior Urban Planner

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

I• ➔ i =:•-

RZ-2022-02 for the Proposed Southern Crescent Development

TO: Mayor/Council
Planning Commission

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

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

DATE: August 25, 2022

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

I. PURPOSE

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

• Parcel #071-01034012 – Represents Tract 1. Located at 2125 Highway
42 North in unincorporated Henry County, across from Summit View
Drive. Applicant proposes to rezone the property from the Henry
County zoning classification of ‘MU’ (Mixed-Use) to the City of
Stockbridge’s zoning classification of ‘PUD’ (Planned Unit
Development) if the parcel is annexed into the Stockbridge City Limits
via the applicant’s companion annexation application, AX-2022-01.
Contains 20.00 +/- acres. Located in Land Lot 31 of District 7.
• Parcel #071-01034014—Represents Tract 2. Located within the
Stockbridge City Limits, with frontage on Highway 42 North and
situated at the end of Technology Parkway. Applicant proposes to
change the property’s zoning classification from ‘OI’ (Office-
Institutional) and ‘LI’ (Light Industrial) to ‘PUD’ (Planned Unit
Development). Contains 22.01 +/- acres. Located in Land Lot 31 of
District 7.
City of Stockbridge, Georgia Community Development Department; August 25, 2022 /1
RZ-2022-02 for the Proposed Southern Crescent Development

II. BACKGROUND

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

City of Stockbridge, Georgia Community Development Department; August 25, 2022 /2
RZ-2022-02 for the Proposed Southern Crescent Development

III. FINDINGS OF FACT

• If the requested companion annexation case (AX-2022-01) is approved, and the
applicant wishes to proceed with the proposed development, then the applicant
would need to combine both parcels for both the requested rezoning case (RZ-2022-
02) and the requested Comprehensive Plan amendment case (CP-2022-02) to be
approved. To facilitate this, a Recombination Plat application would be required,
and it could be handled administratively.

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

IV. PROJECT DESCRIPTION

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

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

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

City of Stockbridge, Georgia Community Development Department; August 25, 2022 /3
RZ-2022-02 for the Proposed Southern Crescent Development

V. MAPS AND ILLUSTRATIONS TO FOLLOW:

A. Aerial Photograph

B. Boundary Survey

C. Henry County Zoning Map

D. City of Stockbridge Zoning Map

E. Henry County Land Use Designation Map

F. Conceptual Site Plan

G. Rendering

City of Stockbridge, Georgia Community Development Department; August 25, 2022 /4
RZ-2022-02 for the Proposed Southern Crescent Development

A. AERIAL PHOTOGRAPH

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

City of Stockbridge, Georgia Community Development Department; August 25, 2022 /5
RZ-2022-02 for the Proposed Southern Crescent Development

B. BOUNDARY SURVEY

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

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

City of Stockbridge, Georgia Community Development Department; August 25, 2022 /6
RZ-2022-02 for the Proposed Southern Crescent Development

C. HENRY COUNTY ZONING MAP

From the Henry County Tax Assessors’ Office

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

City of Stockbridge, Georgia Community Development Department; August 25, 2022 /7
RZ-2022-02 for the Proposed Southern Crescent Development

D. CITY OF STOCKBRIDGE ZONING MAP

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

City of Stockbridge, Georgia Community Development Department; August 25, 2022 /8
RZ-2022-02 for the Proposed Southern Crescent Development

E. HENRY COUNTY LAND USE DESIGNATION MAP (Excerpts)

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

City of Stockbridge, Georgia Community Development Department; August 25, 2022 /9
RZ-2022-02 for the Proposed Southern Crescent Development

F. CONCEPTUAL SITE PLAN

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

City of Stockbridge, Georgia Community Development Department; August 25, 2022 / 10
RZ-2022-02 for the Proposed Southern Crescent Development

G. RENDERING

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

City of Stockbridge, Georgia Community Development Department; August 25, 2022 / 11
RZ-2022-02 for the Proposed Southern Crescent Development

V. ANALYSIS OF REQUEST

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

STANDARD #1--Consistency with the Comprehensive Plan.

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

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

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

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

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

Since the proposed development would be primarily composed of residential uses, the

City of Stockbridge, Georgia Community Development Department; August 25, 2022 / 12
RZ-2022-02 for the Proposed Southern Crescent Development

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

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

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

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

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

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

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

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

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

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

The Conceptual Site Plan shows that the proposed development would have three
accesses. These include the existing driveway which serves the Southern Crescent
Rehabilitation & Retirement Center, the extension of Technology Parkway, and a new
City of Stockbridge, Georgia Community Development Department; August 25, 2022 / 13
RZ-2022-02 for the Proposed Southern Crescent Development

access from Highway 42 across from Glenmore Drive. Since Highway 42 North is a State
highway, the developer should coordinate both Georgia DOT and Henry County DOT in
providing deceleration lanes at all three accesses, as well as the possible installation of a
new traffic signal. Pedestrian crosswalks should also be installed.

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

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

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

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

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

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

City of Stockbridge, Georgia Community Development Department; August 25, 2022 / 14
RZ-2022-02 for the Proposed Southern Crescent Development

STAFF RECOMMENDATION

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

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

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

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

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

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

City of Stockbridge, Georgia Community Development Department; August 25, 2022 / 15
Rezoning Application
City of Stockbridge, Georgia

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

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

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

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

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

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

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

REZONING APPLICATION CHECKLIST

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

ALL DOCUMENTS ARE REQUIRED IN ORDER TO ACCEPT APPLICATION.

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

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

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

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

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

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

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

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

!tl11no1wc nl l\gi!nt

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

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

Pre-application meeting:_____________________Date: ______________ _

Planning Commission Decision:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Signature of Applicant' s Attorney, if applicable

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

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

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

Name:
Southern Crescent Rehab & Retirement Co Inc

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

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

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

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

Personally appeared before me,

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

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

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

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

SOUTHERN CRESCENT
12
35 97
HN

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

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

INDEPENDENT LIVING
96
GIA
YO OU

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

NORFOL
132
92
44 105
113 147
91 CABANA 163
PICKLEBALL

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

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

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

11
9 8 7 6 1
12 5 4 3 2

13

78 79 80 81 82 83 85 86
84
14

15

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

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

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

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

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

( IN FEET )
2022.03.10

1 inch = 100 ft. SHEET

C Moore Bass Consulting 1
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19,995 ACRES
~~g..~ 071-01034012

HENRY COUNTY
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PROJECT NO.:
131~

DRAWN BY: TUA

100· :zoo· JOO"
SCA!.£:1"s100'

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

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

RESERVED FOR CLERK OF THE SUPERIOR COURT E

SS

SS

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

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

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

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

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

fTl
A z
Ill ::0 SS

G") 0

N/F fTl C X

MAGNOLIAS AT EAGLES

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

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

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

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

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

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

File No: LK144911
Auction #JOA30-7102

LIMITED WARRANTY DEED

STATE OF GEORGIA

COUNTY OF COBB

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

HARVEST POINT UNITED METHODIST CHURCH, INC.

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

S3 CAPITAL INVESTMENTS, LLC

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

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

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

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

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

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

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

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

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

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

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BK: 13781 PG: 295

EXHIBIT A

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

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

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

and

Other Material Required by
City of Stockbridge Zoning Ordinance

For

Annexation and Future Land Use Map Amendment

of

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

for

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

Submitted for Applicant by:

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

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

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

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

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

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

II. REVIEW CRITERIA FOR JUSTIFICATION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

IV. Conclusion

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

This 1st day of June 2022.

Respectfully submitted,

Michele L. Battle, Esq. Attorney for the Applicant

c/o Tyler McSwain, Senior Urban Planner

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

I• ➔ i =:•-

Comp Plan Conditions

1. The residential portion of the project shall be single-family attached and detached units
arranged in a cluster style with a minimum of a six foot side yard setback to maintain
properly distanced residences without the firewall requirement. Front yards can be a
minimum of 20 feet to help reduce the need for extensive yard maintenance.
2. The community Development (Planning & Zoning) Department should have architectural
control to ensure that the constructed buildings conform to the surrounding residential
and commercial/industrial area. Of primary concern would be the compatibility of the
institutional building in relation to the cluster homes, and in turn with the entire
development and adjoining properties.
3. Lighting should be subdued, especially with respect to the bordering residential units. A
lighting plan should be submitted at the tie of development to ensure that little intrusion
occurs to the adjacent properties.
4. A sizeable undisturbed or landscaped buffer should exist at the entrance of the site as
well as all border of the property. The entrance to the property should be left as
undisturbed or with enhanced landscaping to separate the property from S.R. 42 and its
associated traffic noise.
5. All of the common grounds – including the parking area – should be heavily landscaped,
with Community Development (Planning & Zoning) retaining approval of landscaping,
especially in regards to our new proposed landscape ordinance currently underway.
6. Interior sidewalks, streetlights, and sodded lawns should be conditioned for the cluster
assisted living units. In addition, two trees shall be planted in the front of the cluster units
should these areas be completely graded for construction.
7. Access should be gated to provide for the security of the entire facility.
8. Any deviation from the submitted site plan is subject to further review by the Community
Development (Planning & Zoning) Department, this (Zoning Advisory) Board, and, if
needed, the Board of Commissioners.

Rezoning Conditions

1. The use of the subject property shall be limited to memory care, assisted living, and
independent living with associated amenities and provision of care, meeting use
requirements.
2. Entrances shall be located such that the minimum intersection sight distance and the
minimum spacing requirement are met per the road’s posted speed limit, and shall have a
deceleration lane and acceleration taper designed and constructed to HCDOT standards.
3. All disturbed areas shall be sodded, except where landscaping is present or installed.
4. The residential portion of the development shall consist of cluster single-family attached
and detached units, only. The total number of dwelling units shall be limited to 100.
Compliance with the zoning conditions and development standards may further limit the
number of dwelling units.
5. An on-site amenity package shall be provided and shall consist of at least the following:
a. One (1) Community Center which includes, at a minimum, the following:
i. Pool
ii. Fitness facility
iii. Meeting rooms
iv. Business Center
b. Two (2) outdoor recreation areas including walking trails and three (3) pavilions.
The pavilions shall be no less than 1,200 square feet.
6. The community center shall be completed prior to the issuance of the fiftieth (50th)
building permit of a single-family attached or detached dwelling unit.
7. The residential portion of the development shall comply with Section 4.03.30 of the
ULDC regarding single-family senior adult housing.
8. Provision of care and/or personal services, as defined by O.C.G.A. 31-7-12.2(b)(2), shall
be provided to any assisted living and independent living residents before the first single-
family attached or detached unit receives any certificate of occupancy.
9. Any approved development shall be limited to a maximum of 60 dwelling units until the
proposed access point to the north, as depicted on the site plan dated April 9, 2021, is
designed and constructed to HCDOT and City of Stockbridge standards, and connects to
an already existing public right-of-way. This access point shall be open for the use of the
residents within five (5) years from the date of approval of this rezoning resolution or
before the issuance of the Certificate of Occupancy (CO) of the 61st dwelling unit,
whichever occurs first. No additional permits shall be issued until the developer has
engineered and constructed the secondary access.
10. The subject property shall not, at any time, be developed as a traditional single-family
and/or multi-family residential development (even if it is age-marketed or age-targeted)
or any other type of residential community that does not require each single-family
attached or detached unit to house an individual which requires a level of care that is
provided by the assisted living facility.
11. No more than fifteen percent (15%) of the homes shall be rented out at any one time.
12. Only the management of the owners/operators of the existing rehabilitation center and/or
assisted living facility at the subject property, currently Southern Crescent Rehab &
Rehab Retirement Co., Inc. as per current public tax records, may rent dwelling units.
13. Community facilities, recreational areas, access gate(s), if any, public space(s), and open
space(s) shall be maintained by the existing, and all subsequent, owners/operators of the
existing rehabilitation center and/or assisted living facility at the subject property,
currently Southern Crescent Rehab & Retirement Co., Inc., As per current public tax
records.
14. A traffic impact study (TIS) shall be required before the approval of the first development
permit. At a minimum, the developer/owner’s engineer shall provide an Intersection
Control Evaluation Study to GDOT of the site’s existing access per GDOT’s
requirements. The developer/owner shall be responsible to provide all of the indicated
Improvements as required by the ULDC.
15. The dwelling units shall be limited to condominium units.
16. The dwelling units shall be limited to units with two (2) or three (30 bedrooms. Each
dwelling unit shall have a minimum of two (2) full bathrooms.
17. The dwelling units shall have a minimum of 1,600 square feet with a running minimum
average of 1,800 square feet.
18. The dwelling units shall be Craftsman style as approved by the planning & Zoning
Department and shall have a minimum 3’ high water table consisting of brick or similar.
19. Each permitted home in the development shall be compatible with existing homes, as
determined by the planning & Zoning Department. The Planning & Zoning Department
is authorized to require the heated square footage to be increased and/or the architectural
style to be modified in instances where incompatibility is determined.
20. Each dwelling unit shall have a garage. Garages shall be setback a minimum of 12” from
the front dripline of the home. Greater than 50% of the dwelling units shall have a two-
car garage. The balance shall have one and a half car garages. Garages shall have crown
molding complimentary to the exterior of the homes.
21. Four (4) of the dwelling units shall be reserved for those leaving the care of assisted
living, needing transitional living arrangements. No permits of any kind shall be
approved unless all four of these transitional living units are included.
22. All stormwater management facilities shall be environmentally friendly, landscaped,
enclosed with a minimum 4’ high fence, and be included in the common area to be
maintained by the HOA. No detention pond shall be located on private property.
23. An HOA shall be required and shall maintain the common areas and building exteriors.
Community facilities, recreational areas, access gate(s), if any, public space(s), and open
space(s) shall be maintained by the existing, and all subsequent, owners/operators of the
existing rehabilitation center and/or assisted living facility at the subject property,
currently Southern Crescent Rehab & Retirement Co., Inc., As per current public tax
records. the HOA.
24. Interior sidewalks shall be a minimum of 8’ wide. Exterior sidewalks along Highway 42
shall be a minimum of 10’ wide.
#RZ-2022-03 and 3884 Walt Stephens Road

TO: Mayor/Council
Planning Commission

FROM: Gordon Linton, Planner I

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

DATE: August 25, 2022

Subject: #RZ-2022-03 For 3884 Walt Stephens Road

I. PURPOSE

Consider a request to rezone property from RR (Rural Residential District) to O-I (Office-
Institutional District) to allow a children’s speech therapy facility. Application by CKC Commercial
Properties, LLC.

II. Background

Proposed Development The applicant proposes to open a speech
therapy facility at the existing building.
Site Address 3884 Walt Stephens Road
Parcel Identification The parcel number is #031-02012000.

Parcel Acreage 0.964 +/- acres
Applicant CKC Commercial Properties, LLC.
5200 Buffington Road
Atlanta, GA, 30349
678-634-9969
Owner CKC Commercial Properties, LLC.
5200 Buffington Road
Atlanta, GA, 30349
678-634-9969
Historic District N/A
Current Zoning RR (Rural Residential District)
Zoning History The property was annexed into the city upon

#RZ-2022-03 and 3884 Walt Stephens Road

the request of Angela Arnold of Anointed
Prayers of Faith on December 10, 2016.
Current Use There is currently a building located at the
property.

SURROUNDING LAND USE AND ZONING

Location Existing Land Use Existing Zoning
Property to the North Hội Thánh Nguồn Sống (Church) MFR (Multiple Family Residential
District)
Property to the South Red Oak Elementary School PUD
(Planned Unit Development District)
Property to the East Red Oak United Methodist RR (Rural Residential District)
Church
Property to the West House of Prayer & Fellowship; RR (Rural Residential District); C-1
Practical Learning Ivy League (Neighborhood Commercial District)
College Preparatory Academy

III. Finding of Facts

• The future land use designation of the subject property is Public/Institutional.
• The subject property is a part of the Parkway Mixed-Use Overlay District.
• The subject property has previously been a church known as Anointed
Prayers of Faith and a Masonic lodge.
• The building was constructed in 1970.

#RZ-2022-03 and 3884 Walt Stephens Road

IV. Maps and Illustrations

Aerial Photo of 3884 Walt Stephens Road

#RZ-2022-03 and 3884 Walt Stephens Road

Conceptual Site Plan of 3884 Walt Stephens Road

#RZ-2022-03 and 3884 Walt Stephens Road

Zoning Map of 3884 Walt Stephens Road

#RZ-2022-03 and 3884 Walt Stephens Road

Current Building

#RZ-2022-03 and 3884 Walt Stephens Road

V. Analysis

Project Description

The applicant intends to rezone 0.964 +/- acres of 3884 Walt Stephens Road from RR (Rural
Residential District) to O-I (Office‐Institutional District) for the purpose of utilizing the existing
structure as a speech therapy facility. The requested O-I will allow the owner to use the subject
property for the speech therapy facility. The Future Land Use Map of the Comprehensive Plan
designates the subject property for Public/Institutional land uses.

Staff Analysis

The applicant requests a Rezoning under the City of Stockbridge Unified Development Code
Section (Sec. 9.2.1 C):

The Planning Commission and the City Council shall consider the following standards in
considering any proposal that would result in a change to the text or map of this UDC, giving due
weight or priority to those factors that are appropriate to the circumstances of each proposal.

ANALYSIS OF REQUEST

1. Consistency with the Comprehensive Plan.

The request to rezone the subject property to O-I is consistent with the current
Comprehensive Plan, which designates the property for Public/Institutional land uses.

2. The relation that the proposed rezoning amendment bears to the purpose of the
overall zoning scheme with due consideration given to whether or not the proposed
change will help carry out the purposes of the City of Stockbridge Zoning Code.

The proposed rezoning does meet all the requirements of the minimum development
standards of the O-I zoning districts. In addition, the proposed speech therapy facility
is consistent with the zoning character of the area and with the Future Land Use Map
designation of Public Institutional land uses.

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

Rezoning the subject property will not affect the character of Walt Stephens Road. The
location of the proposed speech therapy facility will benefit Red Oak Elementary School
since it will help students who have difficulties with speech therapy.

#RZ-2022-03 and 3884 Walt Stephens Road

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

The site appears to be suitable for the proposed rezoning with approved variances.
Issues regarding buffering, topography, drainage, access, size, and shape of the
property will be addressed. Variance requests will be heard concurrently with the
rezoning. The applicant will be seeking approval for the following variances: 1. A
variance to reduce the minimum lot width from 125 to 96.37 feet; 2. A variance to reduce
the eastern section of the property from 50 feet to 0 feet; and 3. A pending variance to
reduce the western section of the property from 50 feet to 0 feet.

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

The possible impact upon the adjacent property owners, should the property be
rezoned, is a small increase in vehicular traffic.

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

A letter from the Henry County Water and Sewerage Authority, dated July 5, 2022,
states the County and water services are provided to the subject property.

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

The subject property has frontage on Walt Stephens Road, which is a local road.
Therefore, there should be minimal impact on the adjacent thoroughfares and
pedestrian and vehicular traffic.

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

Approval of the request would allow the applicant to utilize the existing building as a
speech therapy facility.

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

The subject property can be developed since it is zoned RR (Rural Residential District).

#RZ-2022-03 and 3884 Walt Stephens Road

Summary of Impacts/Concerns

Fire Marshall N/A

Henry County Water and Sewer A letter from the Henry County Water and
Sewerage Authority, dated July 5, 2022, states the
County and water services are provided to the
subject property.

VI. STAFF RECOMMENDATION

Staff recommends approval with conditions for the proposed rezoning from RR (Rural
Residential District) to O-I (Office‐Institutional District) with the following conditions:

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

City of Stockbridge Planning and Zoning Division
Rezoning Application
Na me of Applicant CKC Commercial Properties LLC Phone: 678-634-9969 Date: May 19, 2022
Address Appl icant: 5200 Buffington Road F ax______ Cell # 678-634-9969

City:
Atlanta
State: Georgia Zip:
3 349
E-mail: ryan.haning@cfacorp.com
NameofAgcnt BattleLaw,P. C . Phone: 404-601-7616 Datc:Mayl9,2022
562 Habersham at Northl ake Building J, Suite 100
Addr ess Agent: 3 Fax 404_745_0045 Cel #�04-601-7616

City: Tucker Sta te: Georgia Zip: 30084 E-mai l: m.Jb@battlelawpc.com

THE APPLICANT NAMED ABOVE AFFIRMS THAT HE OR SHE IS THE OWNER, OR AGENT OF THE OWNER, OF TlrE PROPERTY
DESCRIBED BELOW, AND IS REQUESTING A REZONING OF THE PROPERTY.
The property will be POSTED with a City of
elopment Stockbridge rezoning sign. The sign must remain on the
requeste
bei gspeech d from RR to OI to al low for the dev
of a ng
Rezoni
children's therapy facility subject property for no less than fifleen days prior to
either Planning Commi55ion or City Council mecting(s).
The applicant or property owner shall not remove or
alter the sign for any reason.�Acknowledgement

Address of Property: 3884 Walt Stephens Road

Nearest intersection to the property : Walt Stephens Road and Monarch Village Way
(Strt'et Addrrn)

Siz e of Tr a ct: 0.963 acre(s), Land Lot Number(s):_2_5__________ , Disrrict(s): __1_2_______

(Required)

erties LLC

Total Amount Paid $____Cash __Check # ____Received by: _____ (FEES ARE NON-REFUNDABLE)

Application checked by: _______Date:______Map Number(s): ________________

Pr e-application meeting:_____________________ Date: _______________
Planning Commission Deci sion:

City Council Decision:--------------------------------------
Community Development Director's Signature:_____________ Da te: _______________
CIVIL LAND
ENGINEERING SURVEYING
COA NO. PER 004790 COA NO. LSF 000995

CONSTRUCTION LANDSCAPE
MANAGEMENT ARCHITECT
LAND USE SUMMARY LAND
PLANNING
CURRENT ZONING :
RR: RURAL RESIDENTIAL DISTRICT

TOTAL SITE AREA : .96 ac

PROPOSED ZONING:
O/I OFFICE INSTITUTIONAL
STANDARDS:
WAL MIN. LOT AREA : 20,000 SQ FT FALCON DESIGN
T ST MIN. LOT WIDTH : 125' * CONSULTANTS
EPH FRONT S/B : 50'
(130 ENS SIDE S/B : 15'
' R/W ROA STOCKBRIDGE OFFICE
235 CORP. CTR. DR., STE 200
) D REAR S/B : 20'
BUFFER: 50' **
STOCKBRIDGE, GEORGIA 30281
Ph (770)389-8666 - Fax (770)389-8656

NEWNAN OFFICE CUMMING OFFICE
PARKING REQUIRED: 10 40 GREENWAY CT., STE A
NEWNAN, GEORGIA 30265
500 PIRKLE FERRY RD., STE C
CUMMING, GEORGIA 30040
PARKING PROVIDED: 10 Ph. (770) 755-7978 Ph. (678) 807-7100

www.fdc-llc.com

3884 WALT STEPHENS ROAD
*MINIMUM LOT WIDTH VARIANCE FROM 125'
TO 95'
BR
SIGICK
N **BUFFER VARIANCE REQUIRED ADJACENT
TO CEMETERY ON THE EASTERN BOUNDARY
AND ALONG THE WESTERN BOUNDARY

LOCATED IN:
50' F

CONCEPT PLAN
RON
T SB

LAND LOT 25, DISTRICT 12

FOR
#3884

STOCKBRIDGE, GEORGIA

FALCON DESIGN CONSULTANTS, LLC. ALL RIGHTS ARE RESERVED. ANY POSSESION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT PRIOR WRITTEN PERMISSION FROM FALCON DESIGN CONSULTANTS, LLC. IS EXPRESSLY PROHIBITED.
2 STY BLOCK
X CEMETERY
PLOT AREA

DECK

PROP. DECORATIVE FENCE

15' SIDE SB
N/F
GUSSIE M. COLEY
DB 12650 PG 258
PARCEL ID:
031-02011000

ZONED RR TREE LANDSCAPE

UTILITIES PROTECTION CENTER
REVISIONS

1 (800) 282-7411 THROUGHOUT GEORGIA
Call before you dig.
Know what's below.
OR DIAL 811
N/F
RED OAK CHURCH
DB 425 PG 274
PARCEL ID:
CEMETERY 031-02013000
PLOT AREA ZONED RR

DATE

IO
15' SIDE SB
T DATE: 6-22-22

C SCALE: AS SHOWN

U PROJ NUMBER:
000.001
DRAWN BY: JP
T REVIEWED BY:
REVISED BY: XXX
CEMETERY
PLOT AREA
20' REAR SB R
GRID NORTH
X X

GA WEST ZONE

GENERAL NOTES:
X X X X X
X X

X X X X X
X X

1. LAYOUT IS CONCEPTUAL IN NATURE AND IS FOR PLANNING PURPOSES
ONLY. FURTHER INFORMATION WILL BE REQUIRED TO DESIGN THE PROJECT. N/F
2. PROPERTY BOUNDARIES OBTAINED FROM ALTA SURVEY PERFORMED BY BOARD OF EDUCATION Y THIS DOCUMENT IS NOT VALID UNLESS IT BEARS THE
ORIGINAL SIGNATURE OF THE REGISTRANT
ACROSS THE REGISTRANT'S SEAL.
SES ENGINEERING. OF HENRY COUNTY
DB 3520 PG 287 R
3. HYDROLOGY AND SEPTIC DESIGN WAS NOT INCLUDED AS PART OF THIS PARCEL ID: A
IN
CONCEPT. 031-02015001
GRAPHIC SCALE
SHEET NUMBER
IM
30 0 15 30 60
**BUFFER VARIANCE REQUIRED ADJACENT TO CEMETERY ON THE EASTERN
BOUNDARY AND ALONG THE WESTERN BOUNDARY L
E ( IN FEET )
1 inch = 30 ft. CP-1
P:\Projects\Walt Stephens Cindy Cathy - Stockbridge\CP00 Walt Stephens Front Parking.dwg, conference, Fri, Jul 01, 2022 - 12:11pm
THE UTILITIES SHOWN ON THIS PLAT WERE TAKEN FROM INFORMATION
AVAILABLE AT THE TIME OF THE SURVEY AND MAY OR MAY NOT BE
ACCURATE AS TO THE EXTENT AND OR LOCATION OF SAID UTILITIES.

THIS SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS WHICH
WAL
T STEP MAY AFFECT THIS PROPERTY ARE SHOWN.
HENS
FLU
(130
' R/W ROAD
ME ) The term "Certification" as used in Rule "180-6-.09(2) and (3)" and relating to professional engineering
"THIS DRAWING IS THE
1 or land surveying services, as defined in O.C.G.A. 43-15-2(6) and (11), shall mean a signed statement
2 " RB PROPERTY OF SCANLON
F based upon facts and knowledge known to the registrant and is not a guarantee or warranty, either
DIST - expressed or implied. ENGINEERING SERVICES, INC. IT
.- WM
IS TO BE USED ONLY FOR THE
114.
78' This survey complies with both the rules of the Georgia Board of Registration for Professional PROJECT AND SITE
121" S FES Engineers and Land Sureyors and the Official Code of Georgia Annotated (OCGA) 15-6-67, in that SPECIFICALLY IDENTIFIED
Q. P where a conflict exists between those two sets of specifications, the requirements of law prevail. HEREIN, AND IS NOT TO BE
OST
3 BRIC USED ON OTHER PROJECTS OR
8 " RB K 18" R
F SIGN
DIST - CP EXTENSIONS TO THIS PROJECT,
FES
.- OR REPRODUCED IN WHOLE OR
0.15 IN PART, EXCEPT BY AGREEMENT
' SE
IN WRITING AND WITH
121" F APPROPRIATE COMPENSATION."
S73°11'25"E LAT
IRON
96.37'

SYMBOL LEGEND

SOLUTIONS DEVELOPMENT LLC
IRON PIN FOUND (RBF)
1/2" REBAR SET

LOCATED IN LAND LOT 25 OF THE 12th DISTRICT,
CONCRETE MONUMENT FOUND (CMF)

BOUNDARY / AS-BUILT SURVEY FOR
UTILITY POLE

LIGHT POLE
#3884
FIRE HYDRANT 2 STY BLOCK
CEMETERY
SANITARY SEWER MANHOLE (SSMH) PM PLOT AREA
DROP INLET (DI) DECK

JUNCTION BOX (JB)

CITY OF STOCKBRIDGE, HENRY COUNTY, GEORGIA
WATER METER (WM)
POWER METER (PM)

Z:\SES Projects\Chick-Fil-A_137\3884 Walt Stephens Road - Henry Co_S22137124\AutoCAD_S22137124\survey\3884 Walt Stephens Road.dwgTuesday, May 17, 2022 10:30:26 AM
GAS METER (GM)
CLEAN OUT (CO)
WATER VALVE N/F
GUSSIE M. COLEY
CHAINLINK FENCE LINE DB 12650 PG 258
PARCEL ID:
SANITARY SEWER LINE
N00°01'45"E
031-02011000
UNDERGROUND CABLE TV LINE
OVERHEAD POWER LINE
PROPERTY LINE 448.98'

SCANLON ENGINEERING SERVICES, INC.
ADJACENT LOT LINE Date:
Date

221 EAST BANK STREET
LAND LOT LINE
3/28/2022

ASPHALT AREA N/F
RED OAK CHURCH
CONCRETE AREA DB 425 PG 274
Review by:

GRIFFIN, GEORGIA 30223
PARCEL ID:
GRAVEL AREA
CEMETERY 031-02013000
PLOT AREA
MAB

PHONE: (678) 967-2051 www.scanloneng.com
Drawn by:

REFERENCES & NOTES JWS

LSF 000859
Description
CURRENT OWNER:
Project #:
SOLUTIONS DEVELOPMENT LLC

S00°59'58"E

425.63'
DEEDS:
S22137124
Rev.
DB 17419 PG 333 3

PARCEL ID: 031-02012000 This plat is a retracement of an existing parcel or parcels of land and does not subdivide or
create a new parcel or make any changes to any real property boundaries. The recording
0.963 information of the documents, maps, plats, or other instruments which created the parcel or
parcels are stated hereon. RECORDATION OF THIS PLAT DOES NOT IMPLY
APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS,
ACRES COMPLIANCE WITH LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY
FOR ANY USE OR PURPOSE OF THE LAND. Furthermore, the undersigned land surveyor
CEMETERY certifies that this plat complies with the minimum technical standards for property surveys in
PLOT AREA Georgia as set forth in the rules and regulations of the Georgia Board of Registration for
Professional Engineers and Land Surveyors and as set forth in O.C.G.A. section 15-6-67.
L.L.
8" RBF 25
110.12' 3
8" RBF 100.00'
PLAT CERTIFICATION: POB Mark A. Buckner GA RLS 2422 Date
N87°26'46"W APPROX. LAND LOT LINE SHEET DESCRIPTION
The field data, completed on 3/2/22, upon which this plat is based has a closure precision RECORD BEARING BASE 411.15' ALONG LAND LOT
of one foot in 68,112 feet and an angular error of 02" per angle point and was PER DB 12650 PG 258 SE CORNER OF LAND LOT
LINE TO BOUNDARY / AS-BUILT
N/F 25
unadjusted. This plat has been calculated for closure and is found to be accurate within BOARD OF EDUCATION
SURVEY
L.L.
one foot in 250,244 feet. OF HENRY COUNTY
DB 3520 PG 287 0 20 40 80 120 SHEET NUMBER
The linear and angular measurements shown on this plat were obtained using a
PARCEL ID:
Leica TS 16 Instrument.
031-02015001
GRAPHIC SCALE: 1"=40' 737C
SHEET __
1 OF __
City ofStoc;Jriage
<Pfanning atufZonine Office
Septic System Informationfor Zoning <R.§quests
4640 North Henry Boulevard; Stockbridge, GA 30281 (770) 389-7900

This form must be completed and submitted to the Planning and Zoning Office with all zoning
applications for properties that are not served by public sewer.

Name of Applicant: CKC Commercial Pro perties LL C PhoneP78-634-9969 Mobile: 678-634-9969
Applicant Address: 5200 Buffington Roa d City, State: Atlanta, Georgia Zip: 30349
Name of Agent: Battle Law, P.C. Phone: 404-601-7616 Mobile: 404-601-7616
3562 Habersham at Northlake Building J, Suite 100
Agent Address: City, State: Tucker, Georgia Zip: 30084

Request (Check one):

Rezoning (Current Zoning RR Requested Zoning OI Conditional Use__ Variance __ Zoning Modification __
For the Purpose of achildren'sspeech therapy facility
Walt Stephens Road and Monarch Village Way
Property Address : 3884 Walt Stephens Road Nearest Intersection to property:
Size ofTract: 0.963 acres Land Lot:(s) 25 District(s): 12 -----
Property Tax Parcel Number(s): 031-02012000 Proposed Number of Lots:�1 __

Signature of Owner:___
� AP�
__._,9=1A,--t---r------
Printed Name of Owner: CKC Commercial Properties LLC

Signature of Agent:______________ Printed Name of Agent: _B_ a_tt _le_ L _aw_, _P_.C_. ______ _

(To be Completed by Henry County Environmental Health)

Check all that apply

___ There are suitable soils for the installation of a septic system on the subject property.
___ There are !!2! suitable soils for the installation of a septic system on the subject property.
___ There is an existing septic system on the subject property.
___ The existing septic system will support the proposed development and/or use.
___ The existing septic system will not support the proposed development and/or use.
Comments:-----------------------------------

Name of Person Completing: _____________Title: ____________
Signature: Date:.___________
E-mail Address: Phone Number: ________

For questions, please contact the City of Stockbridge Planning and Zoning Office at (770) 389-7900 .. 11.
City ofStocRf,rufge
<Planning andZoning Office
Septic System Informationfor Zoning <:R§quests
4640 North Henry Boulevard; Stockbridge, GA 30281 (770) 389-7900

This form must be completed and submitted to the Planning and Zoning Office with all zoning
applications for properties that are not served by public sewer.

Name of Applicant: CKC Commercial Properties LLC Phonep78-634-9969 Mobile: 678-634-9969
Applicant Address: 5200 Buffington Road City, State: Atlanta, Georgia Zip: 30 349
Name of Agent: Battle Law, P.C. Phone: 404-601-7616 Mobile: 404-601-7616
Habersham at Northlake Building J, Suite
City, State: Tucker, Georgia
3562 JOO
Agent Address: Zip: 30084

Request (Check one):

Rezoning (Current Zoning RR Requested Zoning OI Conditional Use__ Variance __ Zoning Modification __
For the Purpose of children's speech therapy facility
Walt Stephens Road and Monarch Village Way
Property Address: 3884 Walt Steph ens Road Nearest Intersection to property:
Size ofTract: 0.963 acres Land Lot:(s) 25 District(s): __12 ___
Property Tax Parcel Number(s): 031-02012000 Proposed Number of Lots:_!__

(To be Completed by Henry County Environmental Health)

Check all that apply
___ There are suitable soils for the installation of a septic system on the subject property.
___ There are not sui table soils for the installation of a septic system on the subject property.
___ There is an existing septic system on the subject property.
___ The existing septic system will support the proposed development and/or use.
___ The existing septic system will not support the proposed development and/or use.
Comments:-----------------------------------

Name of Person Completing:
___________Title: ____________
Signature: ___________________ Date:___________
E-mail Address: _________________ Phone Number: ________

For questions, please contact the City of Stockbridge Planning and Zoning Office at (770) 389-7900 .. 11-
STATEMENT OF INTENT

and

Other Material Required by
The City of Stockbridge Zoning Ordinance
For
A Rezoning from
RR to O-I

of

CKC COMMERCIAL PROPERTIES, LLC.
c/o Battle Law, P.C.

for

+/-0.963 Acres of Land
Being 3884 Walt Stephens Road
Stockbridge, Georgia and
Parcel Nos. 031-02012000

Submitted for Applicant by:

Michèle L. Battle, Esq.
Battle Law, P.C.
Habersham at Northlake, Building J, Suite 100
Tucker, Georgia 300384
(404) 601-7616 Phone
(404) 745-0045 Facsimile
mlb@battlelawpc.com

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

CKC Commercial Properties, LLC. (the “Applicant”) is seeking to develop on +/- 0.963 acres of
land being Tax Parcel No. 031-02012000 having frontage on 3884 Walt Stephens Road (the
“Subject Property”) with a medical office that will serve as a children’s speech therapy facility.
The Applicant is seeking a Rezoning of the Subject Property from RR to O-I.

This document serves as a statement of intent, analysis of the criteria under the Steinberg Act, and
contains notice of constitutional allegations as a reservation of the Applicant’s rights.

II. STEINBERG CRITERIA/REZONING CRITERIA
Whether the zoning proposal will permit a use that is suitable in view of the use and development
of adjacent and nearby property;

The zoning proposal will permit a use that is suitable in view of the use and development of
adjacent and nearby property. The Subject Property is immediately abutted by a school and a
cemetery. In the immediate area there are churches, a senior living facility, and a commercial
building that has various retail and restaurant uses. The zoning proposal requests a rezoning to
O-I to allow for a medical office that will be used for a children’s speech therapy facility. This
use fits in nicely with the nearby institutional uses and would not be adverse to the immediately
surrounding uses. In fact, with the school being next door, a speech therapy facility that services
children could be a great help to any children attending the school who are in need of speech
therapy. This zoning proposal would create a convenient option for those students. Therefore, the
zoning proposal will permit a use that is suitable in view of the use and development of adjacent
and nearby property.

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or
nearby property;

The zoning proposal will not adversely affect the existing use or usability of adjacent or nearby
property. The Subject Property was used as a church, but is not vacant. The zoning proposal to
allow for the children’s speech therapy facility will in no way adversely affect the surrounding
properties. Furthermore, the intensity of use that is brought on by this proposed zoning is likely
to be much lower than the old use as a church. As a church, the Subject Property likely attracted
a great deal of visitors several times a week. As a children’s speech therapy facility, that number
will almost certainly be less. A children’s speech therapy facility will not generate any noise or
add students to any schools. The impact from this use will be minimal. Therefore, the zoning
proposal will not adversely affect the existing use or usability of adjacent or nearby property.

Whether the property to be affected by the zoning proposal has a reasonable economic use as
currently zoned;

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
The property to be affected by the zoning proposal does not have a reasonable economic use as
currently zoned. The current RR zoning allows for some residential uses (single-family, boarding
house/group home, manufactured homes, and senior adult housing), public/institutional uses
(cemeteries, government buildings, school, and emergency response and public safety facilities),
and communications/utilities uses (wireless telecommunications, utility substation, and a water
tower). None of these uses truly qualify as a “reasonable economic use” because the Subject
Property is already developed in such a way that precludes these uses (save for the
public/institutional uses). Rezoning the Subject Property in accordance with this zoning proposal
would allow the current building to be remodeled and used for the children’s speech therapy
facility. The uses outlined above would almost certainly require that the existing building be torn
down and the Subject Property redeveloped. Therefore, the property to be affected by the zoning
proposal doe not have a reasonable economic use as currently zoned.

Whether the zoning proposal will result in a use which will or could cause an excessive or
burdensome use of existing streets, transportation facilities, utilities, or schools;

The zoning proposal will not result in a use which will or could cause an excessive or
burdensome use of existing streets, transportation facilities, utilities, or schools. The zoning
proposal will draw very little traffic, much less than what the church drew. The transportation
facilities and streets will be minimally impacted by this proposal. The zoning proposal will have
very little impact on utilities as well given that the building on the Subject Property is serviced
by septic tank rather than sewer. Lastly, no schools will be adversely affected by the zoning
proposal. Therefore, the zoning proposal will not result in a use which will or could cause an
excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.

Whether the zoning proposal is in conformity with the policy and intent of the land use plan; and

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

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

The Applicant is not aware of any other existing or changing conditions affecting the use and
development of the property which give supporting grounds for either approval or disapproval of
the zoning proposal.

III. CONCLUSION

For the foregoing reasons, the Applicant hereby requests that the application for a Rezoning
from/to RR to O-I be approved. The Applicant welcomes any questions and feedback from the
planning staff.

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

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

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

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

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

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
A refusal to allow the land use amendment and/or Rezoning in questions would be unjustified from
a fact-based standpoint and instead would result only from constituent opposition, which would
be an unlawful delegation of authority in violation of Article IX, Section II, Paragraph IV of the
Georgia Constitution.

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

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

Michele L. Battle, Esq.
Attorney for the Applicant

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
#VR-2022-02 and 3884 Walt Stephens Road

TO: Mayor/Council
Planning Commission

FROM: Gordon Linton, Planner I

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

DATE: August 25, 2022

Subject: #VR-2022-02 For 3884 Walt Stephens Road

I. PURPOSE

The applicant is requesting three variances from the development regulations in the Unified
Development Code. These variances are as follows:

1. Reduce the required minimum lot width of 125 feet to 96.37 feet.
2. Reduce the buffer on the eastern side from 50 feet to 0 feet.
3. Reduce the buffer on the western side of the property from 50 feet to 0 feet.

Application by CKC Commercial Properties, LLC.

II. Background

Proposed Development The applicant proposes to open a speech
therapy facility at the existing building.

Site Address 3884 Walt Stephens Road
Parcel Identification The parcel number is #031-02012000.

Parcel Acreage 0.964 +/- acres
Applicant CKC Commercial Properties, LLC.
5200 Buffington Road
Atlanta, GA, 30349
678-634-9969
Owner CKC Commercial Properties, LLC.
5200 Buffington Road
Atlanta, GA, 30349
678-634-9969

#VR-2022-02 and 3884 Walt Stephens Road

Historic District N/A
Current Zoning RR (Rural Residential District)

Zoning History The property was annexed into the city upon
the request of Angela Arnold of Anointed
Prayers of Faith on December 10, 2016.
Current Use There is currently a building located at the
property.

SURROUNDING LAND USE AND ZONING

Location Existing Land Use Existing Zoning
Property to the North Hội Thánh Nguồn Sống (Church) MFR (Multiple Family Residential
District)
Property to the South Red Oak Elementary School PUD
(Planned Unit Development District)
Property to the East Red Oak United Methodist RR (Rural Residential District)
Church
Property to the West House of Prayer & Fellowship; RR (Rural Residential District); C-1
Practical Learning Ivy League (Neighborhood Commercial District)
College Preparatory Academy

III. Finding of Facts

• The future land use designation of the subject property is Public/Institutional.
• The subject property is a part of the Parkway Mixed-Use Overlay District.
• The subject property has previously been a church known as Anointed
Prayers of Faith and a Masonic lodge.
• The building was constructed in 1970.

#VR-2022-02 and 3884 Walt Stephens Road

IV. Maps and Illustrations

Aerial Photo of 3884 Walt Stephens Road

#VR-2022-02 and 3884 Walt Stephens Road

Conceptual Site Plan of 3884 Walt Stephens Road

#VR-2022-02 and 3884 Walt Stephens Road

Zoning Map of 3884 Walt Stephens Road

#VR-2022-02 and 3884 Walt Stephens Road

Current Building

#VR-2022-02 and 3884 Walt Stephens Road

V. Analysis

Project Description

The applicant is requesting three variances from the development regulations in the Unified
Development Code. These variances are as follows:

4. Reduce the required minimum lot width of 125 feet to 96.37 feet.
5. Reduce the buffer on the eastern side from 50 feet to 0 feet.
6. Reduce the buffer on the western side of the property from 50 feet to 0 feet.

A rezoning request is running concurrently with the variance request to rezone the subject
property from RR (Rural Residential District) to OI (Office‐Institutional District).

Staff Analysis

The applicant requests a variance under the City of Stockbridge Unified Development Code
Section (Sec. 10.1). The Planning Commission and the City Council shall consider the
weight and merits of each of the following factors before granting variances:

Section 10.1.1.1

A. A variance may be granted where owning to special conditions, a literal enforcement of
the provisions of this Unified Development Code will result in an individual case result in
unnecessary hardship.
B. A variance shall observe the spirit of this Unified Development Code, secure public
safety and welfare, and deliver substantial justice.
C. The existence of a nonconforming use on adjacent or nearby property shall not
constitute a justification for granting a variance.
D. The Planning Commission shall make recommendations to the Mayor and City Council
which shall have the authority to render a decision on a variance application pursuant to
the public notice and hearing requirements set forth in Chapter 9.
E. A variance may not be granted for a use specifically prohibited by the Unified
Development Code. A variance is intended to compensate for a shortfall in a dimension
of property that would prevent the property from complying with a site design standard.
Variances may only be granted following a review of an application against the criteria
listed below:

ANALYSIS OF REQUEST (Section 10.1.2)

A variance may be granted only upon a finding by the Mayor and City Council that all the
following conditions are met.

1. Extraordinary and exceptional circumstances pertaining to the particular piece of
property exist due to its size, shape, or topography that are not found on other
properties in the same zoning district;

• There are extraordinary and exceptional circumstances pertaining due to the size of the
subject property that are not found on the other properties in the same zoning district. The

#VR-2022-02 and 3884 Walt Stephens Road

subject property is 96.37 feet on the front section of the property and is 100 feet in the rear
section of the property. As a result, the property is very narrow, which would not meet the
minimum lot requirements of the Unified Development Code.

The reduction of the buffers would allow any necessary development of the subject
property.

2. A literal interpretation of the provisions of this Unified Development Code would
deprive the applicant of rights commonly enjoyed by owners of other properties
located in the same zoning district;

• A literal interpretation of the provisions of the Unified Development Code would deprive
the applicant of the rights commonly enjoyed by owners of other properties located in the
same zoning district. Since the building is not 125 feet wide as required by the development
standards of the O-I, the applicant may not use it for institutional purposes. By reducing the
minimum lot width from 125 to 96.37 feet, the applicant could utilize the existing building
for institutional purposes.

3. Granting the variance requested will not confer upon the property owner any
special privileges that are denied to other owners of property in the same zoning
district;

• Granting the variance requested will not confer upon the property owner any special
privileges that are denied to other owners of property in the same zoning district.

4. The variance will be consistent with the purposes and intent of this Unified
Development Code, will be compatible with uses on neighboring properties, and
will serve the public welfare;

• The requested variances will be consistent with the purposes and intent of the Unified
Development Code, and will be compatible with uses on neighboring properties, and will
serve the public welfare. By approving the requested variances, the subject property will
be used to assist children who need speech therapy assistance.

5. The extraordinary circumstances are not the result of actions by the applicant;

• The extraordinary circumstances are not the result of actions by the applicant. The building
was developed as a church and a masonic lodge with a narrow front section.

6. The variance is the minimum relief that will allow the legal use of the land, building
or structure.

• The requested variances are the minimum relief that will allow the legal use of the land,
building or structure.

7. The variance is not a request to permit a use of land, buildings or structures that is
prohibited in the same zoning district.

• The proposed rezoning to OI will allow the owner to use the subject property for the speech

#VR-2022-02 and 3884 Walt Stephens Road

therapy facility. Therefore, the variance is not a request to permit a use of land, buildings
or structures that is prohibited in the same zoning district.

Summary of Impacts/Concerns

Fire Marshall N/A
Henry County Water and Sewer A letter from the Henry County Water and
Sewerage Authority, dated July 5, 2022, states the
County and water services are provided to the
subject property.

VI. STAFF RECOMMENDATION

Staff recommends approval of the three requested variances.

Variance Application
City of Stockbridge, Georgia

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

PLEASE NOTE: ALL FEES ARE NON-REFUNDABLE. THERE ARE NO EXCEPTIONS.
ALL APPLICANTS ARE REQUIRED TO SCHEDULE AND ATTEND A PRE-APPLICATION
MEETING WITH THE CITY OF STOCKBRIDGE PLANNING AND ZONING DIVISION OF THE
COMMUNITY DEVELOPMENT DEPARTMENT. PLEASE CALL THE OFFICE AT (770) 389-7900
TO SCHEDULE AN APPOINTMENT.

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

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

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

City of Stockbridge Community Development Department--4602 North Henry Blvd.; Stockbridge, GA 30281 770-389-7900
City of Stockbridge Planning and Zoning Division
Community Development Department

VARIANCE APPLICATION CHECKLIST

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

ALL DOCUMENTS ARE REQUIRED IN ORDER TO ACCEPT APPLICATION.

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

City of Stockbridge Community Development Department--4602 North Henry Blvd.; Stockbridge, GA 30281 770-389-7900
Procedures

A pre-application meeting with one of the staff planners before submission of any application is required. A
scheduled appointment is required. (No opinions or guidance can be given over the phone). Staff will review the
request and discuss all necessary code requirements that affect the request. Staff may also need to consult other City
departments before accepting the application. The request will then be advertised in the Henry Daily Herald and a
sign will be posted at least 15 days prior to the scheduled public meeting date.

No application will be accepted unless all necessary documentation is complete and a pre-
application meeting has been held (there will be no exceptions.)
The City of Stockbridge Planning Commission meets on the 4th Thursday of each month (except for holidays) to hear
requests. Please contact the Planning and Zoning Office to obtain a copy of the schedule.

Notes

Contacts

City of Stockbridge Planning and Zoning Division City of Stockbridge Building Services
Community Development Department Municipal Court Building
4602 North Henry Boulevard 4602 North Henry Boulevard
Stockbridge, GA 30281 Stockbridge, GA 30281
tel. (770) 389-7900 tel. (678) 833-3314

City of Stockbridge Business Services Office City of Stockbridge Code Enforcement Office
Stockbridge City Hall Municipal Court Building
4640 North Henry Boulevard 4602 North Henry Boulevard
Stockbridge, GA 30281 Stockbridge, GA 30281
Tel. (678) 833-3302 tel. (678) 833-3321

City of Stockbridge Public Works Department ----------------------Water Department tel.: (770) 474-1232
Stockbridge Public Works Building Sewer Department tel.: (678) 833-3301
321 Taylor Drive
Stockbridge, GA 30281

Henry County Water and Sewer Authority Henry County Health Department
1695 Highway 20 West Environmental Health Section
McDonough, GA 30253 137 Henry Parkway
tel. (770) 957-6659 McDonough, GA 30253
tel. (770) 954-2078

Henry County Fire Department Henry County Police Department
664 Industrial Boulevard 100 Henry Parkway
McDonough, GA 30253 McDonough, GA 30253
tel. (770) 288-6600 tel. (770) 288-8200

Henry County Environmental Compliance Henry County Board of Education
And Plan Review 33 North Zach Hinton Parkway
140 Henry Parkway McDonough, GA 30253
McDonough, GA 30253 tel. (770) 957-6601
tel. (770) 288-6064

City of Stockbridge Community Development Department--4602 North Henry Blvd.; Stockbridge, GA 30281 770-389-7900
CIVIL LAND
ENGINEERING SURVEYING
COA NO. PER 004790 COA NO. LSF 000995

CONSTRUCTION LANDSCAPE
MANAGEMENT ARCHITECT
LAND USE SUMMARY LAND
PLANNING
CURRENT ZONING :
RR: RURAL RESIDENTIAL DISTRICT

TOTAL SITE AREA : .96 ac

PROPOSED ZONING:
O/I OFFICE INSTITUTIONAL
STANDARDS:
WAL MIN. LOT AREA : 20,000 SQ FT FALCON DESIGN
T ST MIN. LOT WIDTH : 125' * CONSULTANTS
EPH FRONT S/B : 50'
(130 ENS SIDE S/B : 15'
' R/W ROA STOCKBRIDGE OFFICE
235 CORP. CTR. DR., STE 200
) D REAR S/B : 20'
BUFFER: 50' **
STOCKBRIDGE, GEORGIA 30281
Ph (770)389-8666 - Fax (770)389-8656

NEWNAN OFFICE CUMMING OFFICE
PARKING REQUIRED: 10 40 GREENWAY CT., STE A
NEWNAN, GEORGIA 30265
500 PIRKLE FERRY RD., STE C
CUMMING, GEORGIA 30040
PARKING PROVIDED: 10 Ph. (770) 755-7978 Ph. (678) 807-7100

www.fdc-llc.com

3884 WALT STEPHENS ROAD
*MINIMUM LOT WIDTH VARIANCE FROM 125'
TO 95'
BR
SIGICK
N **BUFFER VARIANCE REQUIRED ADJACENT
TO CEMETERY ON THE EASTERN BOUNDARY
AND ALONG THE WESTERN BOUNDARY

LOCATED IN:
50' F

CONCEPT PLAN
RON
T SB

LAND LOT 25, DISTRICT 12

FOR
#3884

STOCKBRIDGE, GEORGIA

FALCON DESIGN CONSULTANTS, LLC. ALL RIGHTS ARE RESERVED. ANY POSSESION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT PRIOR WRITTEN PERMISSION FROM FALCON DESIGN CONSULTANTS, LLC. IS EXPRESSLY PROHIBITED.
2 STY BLOCK
X CEMETERY
PLOT AREA

DECK

PROP. DECORATIVE FENCE

15' SIDE SB
N/F
GUSSIE M. COLEY
DB 12650 PG 258
PARCEL ID:
031-02011000

ZONED RR TREE LANDSCAPE

UTILITIES PROTECTION CENTER
REVISIONS

1 (800) 282-7411 THROUGHOUT GEORGIA
Call before you dig.
Know what's below.
OR DIAL 811
N/F
RED OAK CHURCH
DB 425 PG 274
PARCEL ID:
CEMETERY 031-02013000
PLOT AREA ZONED RR

DATE

IO
15' SIDE SB
T DATE: 6-22-22

C SCALE: AS SHOWN

U PROJ NUMBER:
000.001
DRAWN BY: JP
T REVIEWED BY:
REVISED BY: XXX
CEMETERY
PLOT AREA
20' REAR SB R
GRID NORTH
X X

GA WEST ZONE

GENERAL NOTES:
X X X X X
X X

X X X X X
X X

1. LAYOUT IS CONCEPTUAL IN NATURE AND IS FOR PLANNING PURPOSES
ONLY. FURTHER INFORMATION WILL BE REQUIRED TO DESIGN THE PROJECT. N/F
2. PROPERTY BOUNDARIES OBTAINED FROM ALTA SURVEY PERFORMED BY BOARD OF EDUCATION Y THIS DOCUMENT IS NOT VALID UNLESS IT BEARS THE
ORIGINAL SIGNATURE OF THE REGISTRANT
ACROSS THE REGISTRANT'S SEAL.
SES ENGINEERING. OF HENRY COUNTY
DB 3520 PG 287 R
3. HYDROLOGY AND SEPTIC DESIGN WAS NOT INCLUDED AS PART OF THIS PARCEL ID: A
IN
CONCEPT. 031-02015001
GRAPHIC SCALE
SHEET NUMBER
IM
30 0 15 30 60
**BUFFER VARIANCE REQUIRED ADJACENT TO CEMETERY ON THE EASTERN
BOUNDARY AND ALONG THE WESTERN BOUNDARY L
E ( IN FEET )
1 inch = 30 ft. CP-1
P:\Projects\Walt Stephens Cindy Cathy - Stockbridge\CP00 Walt Stephens Front Parking.dwg, conference, Fri, Jul 01, 2022 - 12:11pm
THE UTILITIES SHOWN ON THIS PLAT WERE TAKEN FROM INFORMATION
AVAILABLE AT THE TIME OF THE SURVEY AND MAY OR MAY NOT BE
ACCURATE AS TO THE EXTENT AND OR LOCATION OF SAID UTILITIES.

THIS SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS WHICH
WAL
T STEP MAY AFFECT THIS PROPERTY ARE SHOWN.
HENS
FLU
(130
' R/W ROAD
ME ) The term "Certification" as used in Rule "180-6-.09(2) and (3)" and relating to professional engineering
"THIS DRAWING IS THE
1 or land surveying services, as defined in O.C.G.A. 43-15-2(6) and (11), shall mean a signed statement
2 " RB PROPERTY OF SCANLON
F based upon facts and knowledge known to the registrant and is not a guarantee or warranty, either
DIST - expressed or implied. ENGINEERING SERVICES, INC. IT
.- WM
IS TO BE USED ONLY FOR THE
114.
78' This survey complies with both the rules of the Georgia Board of Registration for Professional PROJECT AND SITE
121" S FES Engineers and Land Sureyors and the Official Code of Georgia Annotated (OCGA) 15-6-67, in that SPECIFICALLY IDENTIFIED
Q. P where a conflict exists between those two sets of specifications, the requirements of law prevail. HEREIN, AND IS NOT TO BE
OST
3 BRIC USED ON OTHER PROJECTS OR
8 " RB K 18" R
F SIGN
DIST - CP EXTENSIONS TO THIS PROJECT,
FES
.- OR REPRODUCED IN WHOLE OR
0.15 IN PART, EXCEPT BY AGREEMENT
' SE
IN WRITING AND WITH
121" F APPROPRIATE COMPENSATION."
S73°11'25"E LAT
IRON
96.37'

SYMBOL LEGEND

SOLUTIONS DEVELOPMENT LLC
IRON PIN FOUND (RBF)
1/2" REBAR SET

LOCATED IN LAND LOT 25 OF THE 12th DISTRICT,
CONCRETE MONUMENT FOUND (CMF)

BOUNDARY / AS-BUILT SURVEY FOR
UTILITY POLE

LIGHT POLE
#3884
FIRE HYDRANT 2 STY BLOCK
CEMETERY
SANITARY SEWER MANHOLE (SSMH) PM PLOT AREA
DROP INLET (DI) DECK

JUNCTION BOX (JB)

CITY OF STOCKBRIDGE, HENRY COUNTY, GEORGIA
WATER METER (WM)
POWER METER (PM)

Z:\SES Projects\Chick-Fil-A_137\3884 Walt Stephens Road - Henry Co_S22137124\AutoCAD_S22137124\survey\3884 Walt Stephens Road.dwgTuesday, May 17, 2022 10:30:26 AM
GAS METER (GM)
CLEAN OUT (CO)
WATER VALVE N/F
GUSSIE M. COLEY
CHAINLINK FENCE LINE DB 12650 PG 258
PARCEL ID:
SANITARY SEWER LINE
N00°01'45"E
031-02011000
UNDERGROUND CABLE TV LINE
OVERHEAD POWER LINE
PROPERTY LINE 448.98'

SCANLON ENGINEERING SERVICES, INC.
ADJACENT LOT LINE Date:
Date

221 EAST BANK STREET
LAND LOT LINE
3/28/2022

ASPHALT AREA N/F
RED OAK CHURCH
CONCRETE AREA DB 425 PG 274
Review by:

GRIFFIN, GEORGIA 30223
PARCEL ID:
GRAVEL AREA
CEMETERY 031-02013000
PLOT AREA
MAB

PHONE: (678) 967-2051 www.scanloneng.com
Drawn by:

REFERENCES & NOTES JWS

LSF 000859
Description
CURRENT OWNER:
Project #:
SOLUTIONS DEVELOPMENT LLC

S00°59'58"E

425.63'
DEEDS:
S22137124
Rev.
DB 17419 PG 333 3

PARCEL ID: 031-02012000 This plat is a retracement of an existing parcel or parcels of land and does not subdivide or
create a new parcel or make any changes to any real property boundaries. The recording
0.963 information of the documents, maps, plats, or other instruments which created the parcel or
parcels are stated hereon. RECORDATION OF THIS PLAT DOES NOT IMPLY
APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS,
ACRES COMPLIANCE WITH LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY
FOR ANY USE OR PURPOSE OF THE LAND. Furthermore, the undersigned land surveyor
CEMETERY certifies that this plat complies with the minimum technical standards for property surveys in
PLOT AREA Georgia as set forth in the rules and regulations of the Georgia Board of Registration for
Professional Engineers and Land Surveyors and as set forth in O.C.G.A. section 15-6-67.
L.L.
8" RBF 25
110.12' 3
8" RBF 100.00'
PLAT CERTIFICATION: POB Mark A. Buckner GA RLS 2422 Date
N87°26'46"W APPROX. LAND LOT LINE SHEET DESCRIPTION
The field data, completed on 3/2/22, upon which this plat is based has a closure precision RECORD BEARING BASE 411.15' ALONG LAND LOT
of one foot in 68,112 feet and an angular error of 02" per angle point and was PER DB 12650 PG 258 SE CORNER OF LAND LOT
LINE TO BOUNDARY / AS-BUILT
N/F 25
unadjusted. This plat has been calculated for closure and is found to be accurate within BOARD OF EDUCATION
SURVEY
L.L.
one foot in 250,244 feet. OF HENRY COUNTY
DB 3520 PG 287 0 20 40 80 120 SHEET NUMBER
The linear and angular measurements shown on this plat were obtained using a
PARCEL ID:
Leica TS 16 Instrument.
031-02015001
GRAPHIC SCALE: 1"=40' 737C
SHEET __
1 OF __
City ofStoc;Jriage
<Pfanning atufZonine Office
Septic System Informationfor Zoning <R.§quests
4640 North Henry Boulevard; Stockbridge, GA 30281 (770) 389-7900

This form must be completed and submitted to the Planning and Zoning Office with all zoning
applications for properties that are not served by public sewer.

Name of Applicant: CKC Commercial Pro perties LL C PhoneP78-634-9969 Mobile: 678-634-9969
Applicant Address: 5200 Buffington Roa d City, State: Atlanta, Georgia Zip: 30349
Name of Agent: Battle Law, P.C. Phone: 404-601-7616 Mobile: 404-601-7616
3562 Habersham at Northlake Building J, Suite 100
Agent Address: City, State: Tucker, Georgia Zip: 30084

Request (Check one):

Rezoning (Current Zoning RR Requested Zoning OI Conditional Use__ Variance __ Zoning Modification __
For the Purpose of achildren'sspeech therapy facility
Walt Stephens Road and Monarch Village Way
Property Address : 3884 Walt Stephens Road Nearest Intersection to property:
Size ofTract: 0.963 acres Land Lot:(s) 25 District(s): 12 -----
Property Tax Parcel Number(s): 031-02012000 Proposed Number of Lots:�1 __

Signature of Owner:___
� AP�
__._,9=1A,--t---r------
Printed Name of Owner: CKC Commercial Properties LLC

Signature of Agent:______________ Printed Name of Agent: _B_ a_tt _le_ L _aw_, _P_.C_. ______ _

(To be Completed by Henry County Environmental Health)

Check all that apply

___ There are suitable soils for the installation of a septic system on the subject property.
___ There are !!2! suitable soils for the installation of a septic system on the subject property.
___ There is an existing septic system on the subject property.
___ The existing septic system will support the proposed development and/or use.
___ The existing septic system will not support the proposed development and/or use.
Comments:-----------------------------------

Name of Person Completing: _____________Title: ____________
Signature: Date:.___________
E-mail Address: Phone Number: ________

For questions, please contact the City of Stockbridge Planning and Zoning Office at (770) 389-7900 .. 11.
City ofStocRf,rufge
<Planning andZoning Office
Septic System Informationfor Zoning <:R§quests
4640 North Henry Boulevard; Stockbridge, GA 30281 (770) 389-7900

This form must be completed and submitted to the Planning and Zoning Office with all zoning
applications for properties that are not served by public sewer.

Name of Applicant: CKC Commercial Properties LLC Phonep78-634-9969 Mobile: 678-634-9969
Applicant Address: 5200 Buffington Road City, State: Atlanta, Georgia Zip: 30 349
Name of Agent: Battle Law, P.C. Phone: 404-601-7616 Mobile: 404-601-7616
Habersham at Northlake Building J, Suite
City, State: Tucker, Georgia
3562 JOO
Agent Address: Zip: 30084

Request (Check one):

Rezoning (Current Zoning RR Requested Zoning OI Conditional Use__ Variance __ Zoning Modification __
For the Purpose of children's speech therapy facility
Walt Stephens Road and Monarch Village Way
Property Address: 3884 Walt Steph ens Road Nearest Intersection to property:
Size ofTract: 0.963 acres Land Lot:(s) 25 District(s): __12 ___
Property Tax Parcel Number(s): 031-02012000 Proposed Number of Lots:_!__

(To be Completed by Henry County Environmental Health)

Check all that apply
___ There are suitable soils for the installation of a septic system on the subject property.
___ There are not sui table soils for the installation of a septic system on the subject property.
___ There is an existing septic system on the subject property.
___ The existing septic system will support the proposed development and/or use.
___ The existing septic system will not support the proposed development and/or use.
Comments:-----------------------------------

Name of Person Completing:
___________Title: ____________
Signature: ___________________ Date:___________
E-mail Address: _________________ Phone Number: ________

For questions, please contact the City of Stockbridge Planning and Zoning Office at (770) 389-7900 .. 11-
STATEMENT OF INTENT

and

Other Material Required by
The City of Stockbridge Zoning Ordinance
For
Variances on
Minimum Lot Width and Buffer Requirements

of

CKC COMMERCIAL PROPERTIES, LLC.
c/o Battle Law, P.C.

for

+/-0.963 Acres of Land
Being 3884 Walt Stephens Road
Stockbridge, Georgia and
Parcel Nos. 031-02012000

Submitted for Applicant by:

Michèle L. Battle, Esq.
Battle Law, P.C.
Habersham at Northlake, Building J, Suite 100
Tucker, Georgia 300384
(404) 601-7616 Phone
(404) 745-0045 Facsimile
mlb@battlelawpc.com

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

CKC Commercial Properties, LLC. (the “Applicant”) is seeking to develop on +/- 0.963 acres of
land being Tax Parcel No. 031-02012000 having frontage on 3884 Walt Stephens Road (the
“Subject Property”) with a medical office that will serve as a children’s speech therapy facility.
The Applicant is seeking a Variance on the Subject Property to reduce the minimum lot width
under OI from 125 feet to 96.37 feet; a variance to reduce the buffer on the East side of the property
from fifty (50) feet to zero (0) feet; and a variance to reduce the buffer on the West side of the
property from fifty (50) feet to zero (0) feet.

This document serves as a statement of intent, analysis of the criteria under the City of Stockbridge
Unified Development Code, and contains notice of constitutional allegations as a reservation of
the Applicant’s rights.

II. VARIANCE CRITERIA
Extraordinary and exceptional circumstances pertaining to the particular piece of property in
question exist due to its size, shape, or topography that are not found on other properties in the
same zoning district;

There are extraordinary and exceptional circumstances pertaining to the particular piece of
property in questions due to its size that are not found on other properties in the same zoning
district. The Subject Property is just under one acre and has 96.37 feet of frontage on Walt Stephens
Road. The rear of the property is one hundred (100) feet wide. Additionally, this parcel is already
developed with a building that was once used as a church (i.e. for an institutional use). This parcel’s
narrowness keeps it from conforming with the minimum lot width under the City’s Unified
Development Code, despite the fact that it was used for institutional purposes in the past. This
variance proposal would remedy that by reducing the minimum lot width and allow the parcel to
be used for institutional uses.

The required buffers on this parcel are put in place by the Unified Development Code. The Code
requires fifty (50) feet of buffer when a parcel zoned OI abuts a parcel zoned RR. In this case,
because the Subject Property is only one hundred (100) feet wide, the two buffers would meet right
in the center of the Subject Property and prohibit any development on the Subject Property. The
Subject Property is already developed, though. So, the variance requests to reduce the buffers to
zero (0) feet would remedy an existing issue. No further development of the Subject Property
would be required to introduce the new use. Only remodeling of the existing building.

A literal interpretation of the provisions of the Unified Development Code would deprive the
applicant of rights commonly enjoyed by owners of other properties located in the same zoning
district;

A literal interpretation of the provisions of the Unified Development Code would deprive the
applicant of rights commonly enjoyed by owners of other properties located in the same zoning
3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
district. Other property owners in the OI district enjoy the right to use their property for
institutional uses and to develop their property with buildings where institutional uses can take
place. In this case, the building already exists on the Subject Parcel, but it may not be used for
institutional uses because the lot upon which the building sits is not 125 feet wide. By reducing
this minimum lot width, the Applicant will be able to enjoy the same rights as other property
owners with property zoned OI.

Additionally, the buffers on the Subject Property totally prohibit any development of the Subject
Property. The buffers are so large and the Subject Property so narrow that the buffers entirely
encompass the Subject Property. However, the Subject Property is already developed. So, reducing
the buffers to zero (0) feet will remedy the existing nonconformity.

Granting the variance requested will not confer upon the property owner any special privileges
that are denied to other owners of property in the same zoning district;

Granting any of the variances requested will not confer upon the property owner any special
privileges that are denied to other owners of property in the same zoning district. Rather, granting
all of the requested variances is the only way the Subject Property may be used for institutional
uses at all.

The variance will be consistent with the purposes and intent of this Unified Development Code,
will be compatible with uses on neighboring properties, and will serve the public welfare;

The variances requested will be consistent with the purposes and intent of the Unified
Development Code and will be compatible with uses on neighboring properties, and will serve the
public welfare. The Subject Property abuts a cemetery and a school. Granting all three of the
variances requested will simply allow for the Subject Property to be used for the proposed
children’s speech therapy facility. This use will in no way adversely impact the abutting uses.
Development of the Subject Property is not at all required, only remodeling of the existing
building. Thus, there will be no external changes to the Subject Property save for a new parking
lot. Granting the variances herein will allow for a currently unused plot of land to once again be
used. In this case, the Subject Property will be used to benefit children who suffer from speech
impediments. Thus, the variance requests will be consistent with the purposes and intent of the
Unified Development Code and will be compatible with uses on neighboring properties, and will
serve the public welfare.

The extraordinary circumstances are not the result of actions of the applicant;

While the OI regulations apply to the Subject Property due to a rezoning of the Applicant, the
extraordinary circumstances that affect the Subject Property are not the result of actions of the
applicant. The extraordinary circumstances in this case are not the zoning regulations, but the
narrowness of the Subject Property. The OI zoning regulations interact with the narrowness of the
Subject Property to create an undue burden upon the property owner that calls for relief via the
requested variances. The narrowness of the Subject Property is in no way connected with the
actions of the Applicant.
3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
The variance is the minimum relief that will allow the legal use of the land, building or structure;
and

The variance is the minimum relief that will allow the legal use of the land, building or structure

The variance is not a request to permit a use of land, buildings or structures that is prohibited in
the same zoning district.

The medical office use that will allow for the children’s speech therapy facility is a permitted use
in the OI district. Therefore, the variance is not a request to permit a use of land, buildings or
structures that is prohibited in the same zoning district.

III. CONCLUSION

For the foregoing reasons, the Applicant hereby requests that the application for Variances to
reduce the minimum lot width under OI from 125 feet to 96.37 feet; to reduce the buffer on the
East side of the property from fifty (50) feet to zero (0) feet; and to reduce the buffer on the West
side of the property from fifty (50) feet to zero (0) feet be approved. The Applicant welcomes any
questions and feedback from the planning staff.

IV. NOTICE OF CONSTITUTIONAL ALLEGATIONS AND PRESERVATION
OF CONTITUTIONAL RIGHTS

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

The application of the City of Stockbridge Zoning Ordinance to the Subject Property which
restricts its use to any classification other than that proposed by the Applicant is unconstitutional,
illegal, null and void, constituting a taking of Applicant’s Property in violation of the Just
Compensation Clause of the Fifth Amendment to the Constitution of the United States, Article I,
Section I, Paragraph I, and Article I, Section III, Paragraph I of the Constitution of the State of
Georgia of 1983, and the Equal Protection and Due Process Clauses of the Fourteenth Amendment

3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
to the Constitution of the United States denying the Applicant an economically viable use of its
land while not substantially advancing legitimate state interests.

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

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

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

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

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

Michele L. Battle, Esq.
Attorney for the Applicant
3562 Habersham at Northlake • Building J, Suite 100 • Tucker, Georgia 30084 • Ph: 404.601.7616
battlelawpc.com
CP-2022-03 for Tranquil Trails Development

TO: Mayor/Council
Planning Commission

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

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

DATE: August 25, 2022

SUBJECT: Comprehensive Plan Amendment Case #CP-2022-03 for Twelve (12)
Parcels for the Proposed “Tranquil Trails” Residential Development

I. PURPOSE

Consider a Comprehensive Plan Amendment application by Highway 138 Spivey Road
Land Assemblage, LLC, represented by Randy Stamey, to change the future land use
designations of certain property from ‘Low-Density Vertical Mixed-Use’ to ‘High Density
Residential’ to allow for a mixed-residential development with 318 apartments and 50
townhomes. The property has frontage on Highway 138 West (Lake Spivey Parkway),
Spivey Road, Berkeley Drive, Starr Circle, and Tributary Parkway. It contains 26.5 +/-
total acres within twelve (12) parcels, as are listed below, in Land Lot 42 of District 12,
within the Stockbridge City Limits. The applicant has also applied for a Rezoning via RZ-
2022-04 (from RR, SR, and C-2 to PUD) and a Recombination via RC-2022-01. The
developer would be Tellus Partners, LLC.

II. COMPONENT PARCELS

The proposed site would contain the twelve (12) parcels that are listed below. The first
two parcels below are owned by Everything VM, LLC. The remaining ten parcels are
owned by Martin Gonzalez; they are zoned ‘C-2’ (General Commercial); and they are part
of the Pinnacle Pointe @ Spivey Subdivision. (It is important to note that Parcel #012-
02013000 with 2.00 +/- acres at 3020 Highway 138 West, owned by Southern Crescent
Financial Group, would NOT be included within the site).

1. Parcel #012-02013001—Located on the south side of Highway 138 West / Lake
Spivey Parkway, across from Glen Devon Road. Owned by Everything VM, LLC.
Contains 14.01 +/- acres. Zoned ‘RR’ (Rural Residential).
2. Parcel #012-02009051—Located on Spivey Road, south of Tributary Parkway.
Contains 7.40 +/- acres. Zoned ‘SR’ (Suburban Residential).

CP-2022-03 for Tranquil Trails Development

3. Parcel #012D01001000—Located at 1225 Highway 138 West, west of Tributary
Parkway. Contains 1.444 +/- acres. Zoned ‘C-2’ (General Commercial).
4. Parcel #012D01012000—Located at the southeast corner of Tributary Parkway
and Berkeley Drive. Contains 0.501 +/- acres. Zoned ‘C-2’ (General Commercial).
5. Parcel #012D01004000—Located at 1300 Berkeley Drive, between Tributary
Parkway and Star Creek Drive. Contains 0.475 +/- acres. Zoned ‘C-2’ (General
Commercial).
6. Parcel #012D01005000—Located at the southwest corner of Berkeley Drive and
Star Creek Drive. Contains 0.375 +/- acres. Zoned ‘C-2’ (General Commercial).
7. Parcel #012D01006000—Located at 1660 Starr Circle. Contains 1.018 +/- acres.
Zoned ‘C-2’ (General Commercial).
8. Parcel #012D01007000-- Located at 1600 Starr Circle. Contains 0731 +/- acres.
Zoned ‘C-2’ (General Commercial).
9. Parcel #012D01008000—Located at 1650 Starr Circle. Contains 0.968 +/- acres.
Zoned ‘C-2’ (General Commercial).
10. Parcel #012D01009000—Located at 1700 Starr Circle. Contains 1.21 acres.
Zoned ‘C-2’ (General Commercial).
11. Parcel #012D01010000-- Located at the northwest corner of Berkeley Drive and
Spivey Road. Contains 0.737 +/- acres. Zoned ‘C-2’ (General Commercial).
12. Parcel #012D01011000—Located at the southeast corner of Berkeley Drive and
Starr Circle. Contains 0.799 +/- acres. Zoned ‘C-2’ (General Commercial).

III. BACKGROUND

Proposed Development Mixed-residential project, including 318
apartments and 50 townhomes.
Site Address Includes multiple addresses and parcel
numbers.
Parcel Identification Subject property includes 12 parcels, per
the list above.
Parcel Acreage 26.5 +/- total acres within 12 parcels.
Applicant Highway 138 Spivey Road Land
Assemblage, LLC
Owner Three owners – Everything VM, LLC;
Martin Gonzalez; Martin Bonea
Current County Zoning N/A
Current City Zoning Varies by parcel, per the list above.
County Land Use Designation N/A
City Land Use Designation Low-Density Vertical Mixed-Use
Current Use Vacant land
Surrounding Land Uses • North — Glen Devon Subdivision off
Glen Devon Road (County); vacant

CP-2022-03 for Tranquil Trails Development

shopping center (Spivey Commons) at
1175 Highway 138 West; vacant land.
• South –Spivey Ridge Subdivision off
Spivey Ridge Circle (County).
• West — Vacant land.
• East— Baileys Estates Subdivision off
Spivey Glen Drive (City), and Spivey
Glen Subdivision off Spivey Glen Drive
(County).

IV. FINDINGS OF FACT

• The applicant submitted three topographical surveys of the project area. They
show that the property is traversed, from west to east, by the Reeves Creek
Tributary and its associated floodplain.
• The property also contains a 25-foot “undisturbed State waters stream buffer” and
a 20-foot sanitary sewer easement in the same area.

IV. PROJECT DESCRIPTION

The applicant’s submitted Conceptual Site Plan shows that the proposed apartment
complex would be built in the southwest corner of the site, with its entrance off Highway
138 West / Lake Spivey Parkway from Tributary Parkway, which is currently a dead-end
street. The apartment Leasing Center, along with a swimming pool, would be located
directly in front of Lake Spivey Parkway, at 1225 Highway 138 West (currently Parcel
#012D01001000, which has 1.444 +/- acres), at the west side of Tributary Parkway. A
new bridge would be built across or under Tributary Parkway, just south of the street’s
intersection with Berkeley Drive. A trash dumpster would be located on a stub street off
Tributary Parkway, and a large “stormwater management” would be located beyond that.

The proposed townhome community would be built at the northeast corner of the site,
with entrances off Berkeley Drive and Starr Circle, which both lead to Spivey Road. The
apartment complex would feature a Leasing Office with mail center, a maintenance office,
a trash center, and 500 parking spaces (1.58 spaces per unit). A large Dog Park would
be located to the north of the apartment complex. An “Amenity Area” is shown as part of
the townhome community, and a small Dog Park would be located nearby.

CP-2022-03 for Tranquil Trails Development

V. MAPS AND ILLUSTRATIONS TO FOLLOW:

A. Aerial Photograph

B. Vicinity Map

C. Zoning and Parcel Map

D. Future Land Use Map

E. Conceptual Site Plan

CP-2022-03 for Tranquil Trails Development

A. AERIAL PHOTOGRAPH

CP-2022-03 for Tranquil Trails Development

B. VICINITY MAP

CP-2022-03 for Tranquil Trails Development

C. ZONING AND PARCEL MAP

External Streets:
To the North – Highway 138 West / Lake Spivey Parkway
To the East – Spivey Road

Internal Streets:
Tributary Parkway
Berkeley Drive
Starr Circle

CP-2022-03 for Tranquil Trails Development

D. FUTURE LAND USE MAP

Existing Land Use Designation for the Subject Property –
‘Low-Density Vertical Mixed-Use’
(Shown in Light Pink)

CP-2022-03 for Tranquil Trails Development

E. CONCEPTUAL SITE PLAN

Legend for Colors:
Peach – Townhomes
Periwinkle – Apartments
Green – Dog parks, walking trails, and green space
Yellow – Amenity area

Notes for Gray “Out Parcels”:
Northwest corner – Included within the proposed site
West of yellow amenity area – Excluded from proposed site
East of yellow amenity area – Excluded from proposed site
Northeast corner – Excluded from proposed site

The proposed site is traversed from west to east
By the existing Tributary for Reeves Creek.

CP-2022-03 for Tranquil Trails Development

V. ANALYSIS OF REQUEST

A. Consistency with the Comprehensive Plan. The proposed development is not
consistent with the Comprehensive Plan’s future land use designation of ‘Low-Density
Vertical Mixed-Use’ for the subject property. The existing designation calls for low-rise
buildings with commercial uses on the ground floor and residential uses on the upper
floors, whereas the applicant is proposing to build a purely residential development with
apartments and townhomes. The applicant has requested a Comprehensive Plan
amendment via CP-2022-03 to change the property’s land use designation to ‘High-
Density Residential’, which would allow the proposed residential densities.

B. Relation to the Zoning of the Property. The applicant does not wish to develop the
types of uses which the ‘Low-Density Vertical Mixed-Use’ future land use designation
calls for, as was stated above. To allow for the proposed development, the applicant has
therefore requested the rezoning of all twelve (12) parcels, via RZ-2022-04, to PUD. The
PUD district is like the old ‘PTD’ (Planned Town Development) district, which is allowed
under High-Density Residential.

Currently, Parcel #012-02013001 with 14.01 acres is zoned ‘RR’ (Rural Residential),
Parcel #012-02009051 with 7.40 +/- acres is zoned ‘SR’ (Suburban Residential), and the
remaining ten parcels are all zoned ‘C-2’ (General Commercial). The development of
Parcel #012-02013001 with RR-type uses is unlikely due to the parcel’s frontage on
Highway 138 North. Although the development of commercial uses on the ten parcels
which are zoned ‘C-2’ might seem reasonable, the fact that the Spivey Commons retail
center at 1175 Highway 138 West has remained vacant for many years suggests that
there is no current market for additional retail uses in this area.

But there is no need to change the property’s land use designation unless the property is
rezoned to PUD via RZ-2022-04, and the existing twelve parcels are officially combined
via RC-2022-01. Therefore, any approval of CP-2022-03 must be contingent upon the
simultaneous approval of RZ-2022-04 and the simultaneous or subsequent approval of
RC-2022-01.

C. Suitability of the Site’s Location. The proposed ‘High-Density Residential’ land use
designation for the subject property is reasonable due to the property’s frontage on
Highway 138 West, which is a State highway, where higher densities are appropriate.

D. Maintaining the Current Land Use Designation.

Due to the subject property’s frontage on Highway 138 West, which is a State highway, it
is unlikely that the property would be developed with the types of uses which are called
for by the existing Low-Density Vertical Mixed-Use designation.

10
CP-2022-03 for Tranquil Trails Development

STAFF RECOMMENDATION

This Staff Report has demonstrated that the requested Comprehensive Plan Amendment
via CP-2022-03 would be necessary and desirable for the subject property in conjunction
with the requested rezoning of the property via RZ-202204 to allow for the proposed
mixed residential development. As a result, Planning and Zoning Staff recommends
APPROVAL of CP-2022-03.

11
City of Stockbridge Planning and Zoning Division,
Community Development Department
Zoning Application Checklist

PLEASE COMPLETE THIS FORM WHEN ACCEPTING ALL REZONING APPLICATIONS. ATTACH
THE CHECKLIST TO THE APPLICATION AND SIGN.
ALL DOCUMENTS ARE REQUIRED IN ORDER TO ACCEPT APPLICATION.

REQUIRED ITEMS COPIES PROCEDURE CHECK/
INTIAL
1. Pre-Application Review 1 Must be obtained from a current planner, prior to submitting
Form (Meeting Notes) your application (by appointment only).

Application Form 1 1. Signed and notarized by owner.
2. 2. In lieu of owner’s signature, applicant has signed and
notarized a copy of a “Contract”, “Power of Attorney” or
“Lease”
3. Applicant 1 Required for all property owners, applicants, and agents filed
Disclosure Form with an application and must be notarized
4. Letter of 1 Letter stating that the owner is aware of the zoning request and
Ownership owns the property in question
5. Letter of Intent 1 Must clearly state the proposed use and development intent
1 Must show minimum details: Buildings, setbacks, buffers, road
6. Site Plans (24 x 36) frontage, correct scale, north arrow, present zoning classification,
And (11 x 17) topographic information to show elevation and drainage, location
20 and extent of required buffers and proposed
lot layout. Subject to the discretion of the Planning & Zoning
Director
Survey Plat (8 ½ x 11) 1 Subject Property, prepared and sealed within the last five years by
7. Or (11 x 17) a professional engineer, landscape architect or land surveyor
registered in the State of Georgia. Said survey plat shall: 1)
indicate the complete boundaries of the subject property and all
buildings and structures existing therein; 2) Include a notation as
to whether or not any portion of the subject property is within the
boundaries of the 100 year
floodplain; and 3) Include a notation as to the total acreage or
square footage of the subject property
Letter from the Henry 1 This letter must accompany the application at the time of
8. County Water and submittal.
Sewerage
Authority

Form from the Health 1 This letter must accompany the application at the time of
9. Department submittal (Only needed if property is not on sewer)

Form from the Henry 1 This letter must be available and accompany application at the
10. County School Board time of submittal (Only needed for residential rezoning
applications)

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LETTER OF O\X/N ERSHIP

Date Ocf / 023, /2022

M„`Tilyu @OWE4 (property/landowner)

i:vree:::Tt,:s,oifeot;ypp:e:£afnt,
zoning application) for property located at
±D #.. 012-02C>OGIC)5l Jh Oil-C)2015C)C)1

Thank You,

Property/landowner Signature

Please Note: This form should be notarized

Notary Seal Here

i=```````;%i:io!:i;:i;;;;,,,,,::,.`:=
'dipyp:F3rd= i: 9 --i
2-...,:,i;.;,
a-3`is\rz02S

Notary Information: __ Ta|/`/j|M€ .i±> GT8 1+i+a foG-?/+
Zoning Submittal Letter of Intent:

Tellus Partners, LLC would like to develop the ~21-acre site located off if Highway 138 by
building a 318-unit apartment complex, developing a community of 50 town homes, that we feel will
perpetuate the economic growth Stockbridge has seen over the last decade. Tellus has extensive
experience in the town center, mixed use, multifamily development market and has completed over
$500 million in total project costs between Georgia and Florida.

With considerable population, housing, and business needs in Stockbridge as well as the
communities surrounding it, Tellus is excited about the opportunity to continue these trends by
delivering a high-quality product to a budding market.
CITY OF STOCKBRIDG
PD Planned Development Town Homes Ground Floor and Roof Amenity Areas

APPROXIMATE LAND LOT LINE
ASPHALT
PD Planned Development Apartments
5165
846.42 5162
SD1 846.30
SD1 B
5161
846.44
5164 MHSD
5163
846.46 846.45
SD1 SD1

5000

846.38
5122 BSCK

HIGHW
845.78
UTL1 5121
846.00

UTL1
5120
846.02
UTL1
5119
845.93

AY 138
UTL1

5118
845.94
UTL1

(R/W W
5117
846.15
UTL1

5114
846.07
VC1
5116
845.98
5115 B
UTL1
846.01
VC1 C
5113
846.00
VC1
5111
845.93
5112
UTL1
845.94
VC1 B

5110
845.51
UTL1
IDTH V
ARIES
Green Space & Walking Trails
P.O.B. 5109
845.40
UTL1
5157
845.21
SD1 B
5160
845.21
SD1

5156
845.38
MHSD
5158
845.29 5159
SD1 845.28
SD1

5108
845.24
UTL1

5107
845.22
UTL1

5106
845.25
UTL1

R/W 5082
5105
844.82
UTL1 B

Amenity Spaces
839.70
IPF-CMF

38K L =3 3 7 .5
9' R=
C H= 3 3 7 21 5 9 .8

PROPOSED
. 25 ' S 3'
81 ° 4 8 '
3 5 "E 18K 22PO
21P 5155
843.31
MHSD

29K
22P Out Parcel Commercial & Retail

HIGHWAY 138
18G
5004
843.03
IPF-CMF

18K 24K TREE
5005
838.18
IPF-CMF
5002
843.37
IPF-CMF LINE

APARTMENTS
24K 35PO
36K
23G
36K 18PO 5003

20K
842.49
IPF-CMF

28BE
P/L 25K
35G P/L

28K

STOCKBRIDGE, GEORGIA
25K

R /W

OUT PARCEL FOR
5084
843.19
BDC1 B -X

5093
843.14
BDC -X
PORCH
FRONT

5088
839.68
BDL1 B -X

5085
843.13
BDC2 B -X
OFFICE OFFICE
5094

TELLUS PARTNERS
5092 839.90
BDL -X
840.34
BDL -X
5091
841.73
BDC1 -X
LEASING

P/L
BAR CAFE
COFFEE CYBER
LOUNGE /
5087
840.42

LEASING
BDL -X
CLUBROOM

EXISTING
LEASING

CONFERENCE

S00°52'15"W 370.25'
POWDER

5086
843.13
BUILDING COPIER
BDC2 -X STORAGE/
5095
837.81
ROOM KEY
BDC -X

5103 STORAGE GOLFCART
832.55
BDL -X PACKAGE HEAD IN MAINTENANCE/
5104 ELEC.
5096 835.93
835.44
BDC -X 5097
BDC -X MECHANICAL/
834.85
BDC -X 5101

OUT PARCEL
831.09 5102
5098
837.92 5099
BDL -X 833.23
BDC -X WOMENS
BDC -X 838.57
BDC -X

WOMENS

ATLANTA, GA
5081
822.40
MHSS

MENS
PORCH MENS
REAR
HALLWAY

18P
P/L

TREELINE

TRIBUTARY PARKWAY
YOGA

TREELINE
22P
AREA
FITNESS

V 24K R/W
R/W
POOL
UNDISTURBED 25' STATE

(60' R/W)
V WATERS STREAM BUFFER
V 25K 21K
REE
TR ES CR 23K APPROXIMATE FLOOD 21K 22P
I BU E V 19K
TAR EK
HCNEB HCNEB

PLAIN LIMITS
V 23K
N/F
V SOUTHERN CRESCENT

Trail Connection V
V V V V V
FINANCIAL GR
P.I.N.:012-02013000
DB 14434 PG 91
V V
YDNAJ
YDNAJ
5148
820.93
UTL2 B
5147
821.03
UWL1

OUT PARCEL TOTAL PROJECT DATA:
36K V
V 3
5007
813.93

318 APARTMENT UNITS
MHSS

V 5149
819.71
UTL2
5146
819.86
UWL1

5145
819.34
UWL1 B
5143 5144
819.75 819.75
VW1 VW1 C

5150

S89°07'45"E 242.64'
818.99
UTL2

5009 5142 5140 5141

5006
811.46
MHSS

V 819.74
VW1
819.73
819.75
UWL1VW1 B

UNDISTURBED 25' STATE ASPHALT
806.55
5008

CL CREEK
808.14
IPF-5OTP

5136 51395137
819.60 819.61
819.62
VW1 UWL1 B C
VW1

WATERS STREAM BUFFER
V R/W
500 SURFACE PARKING
5135 5138
5134
819.46 819.51
819.52
VW1 UWL1
VW1 B

L1
APPROXIMATE FLOOD
5132 5133
819.03 819.31
5131 WV
UWL1
818.93
UWL1

5151
817.31
UTL2 UTL1

PLAIN LIMITS 5010
804.63
CL CREEK
L2 5130
817.505129
UWL1 B817.50
WV

N01°19'44"E 1177.81'
REEVES CREEK
5127
818.23

R/W
5128 UTL1
816.63 5125
UWL1 818.30
UTL1 5124
817.94

33K
UTL1 B
5011 5126
817.44 5123

TRIBUTARY
804.56
UWL1 817.32
CL
UWL1 B

DITCH V
TOP OF BANK R/W
V L3

1.58 SPACE PER UNIT
26K
21P V V
5012
803.97
CL CREEK

L4
BERKELEY DRIVE
22P
L5 (60' R/W)
V V V TREELINE
318 TOTAL APARTMENT UNITS
L6
V V
R/W

DO
26K
V 5014
814.69
IPF-4RB
R/W

V 20K
APPROXIMATE FLOOD V I 50 TOTAL TOWNHOMES
PLAIN LIMITS
DITCH L7
18K 5017
802.92
USD2 B
5018
809.22
5016 HW

DOG
803.05
USD1 B

P/L
V 5015
813.46
IPF-4RB

C1 K LEASING OFFICE WITH MAIL CENTER
PARK
5154
5153
833.92
839.02
INV 36 CMP
HW

A R/W MAINT. OFFICE
L8

B1 UNDISTURBED 25' STATE
WATERS STREAM BUFFER TRASH CENTER
15 L9
B1
B1
C2
5013
809.05
IPF-4RB

5021

801.52
USD2
5022
807.26
AMENITY AREA
HW

5020
801.42
USD1

A1
OM

RISE

R RO

BL
PH RO
ON OM
CA
ON ROOM
CA

B1
BLPH

HO 3500
LE Lb
EL SER/ LESS .
EV PA
AT S.
OR

A1
A1
RISER ROOM
A1
ROOM
A1
B1
PHONE / CABLE

B1 B1 18K
ROOM
PHONE / CABLE
B1 A1 A1 A1 A1 B1 B1 L11
3500 Lb.
HOLELESS
B1
SER/PAS.
ELEVATOR

STORAGE
B1
A1 1
STORAGE

A2 B1
A3
A2
A1 B1 A1 A1 B1 V 5026
806.93
MHSS

D STAR CIRCLE R/W
B1
18K
(60' R/W)
A1 B1 V
14
4 C
5025
798.90
CL CREEK

TRASH
5024
801.50
IPF-4RB

22K
A3
B1 V
24K RE
E UN
TR VES WA DIS
IB C TE TU
UT RE RS RB
A1 AR EK ST ED
V Y L1 RE 25
2 AM ' S
A1 V BU TAT
P/L 5078
860.18
IPF-4RB

FF E
ER E
32K

V V
C1 V
B1
40K TOP OF BANK V

(R/W WIDTH VARIES)
L13
B1 19K
APPROXIMATE FLOOD
B1
B1

SPIVEY ROAD
C1 PLAIN LIMITS

13
V 18K
5027
795.99
CL CREEK

V V
L14
A1 A1

TREELINE
A1
A1
24K
L15 H
P/L 5080
858.38
IPF-4RB
A1 A1 V 21K
5029
802.17
MHSS
B1 28K
A3
ROOM ROOM
V 22X15K
RISER ROOM
SER/PAS.
3500 Lb.
PHONE / CABLE PHONE / CABLE
5028
HOLELESS
ELEVATOR
795.20
CL CREEK

5030

799.60

DITC
STORMWATER
IPF-54RB

B1 L16
A1 UN
A1
V WA DIST
P/L TE U
RS RBED
12 B1
B1 A1 A1 B1 A2
20K
18K
20P MANAGEMENT STR 2
EA 5' ST
MB A
UF TE
L1
A1
A3 FER V
A2 A1 B1 B1
STORAGE
STORAGE

V V
3500 Lb.
HOLELESS
SER/PAS.

ELEVATOR

APPROXIMATE FLOOD
P/L B1 A1 A1 A1 A1 B1 B1 RE PLAIN LIMITS
B1
ROOM
PHONE / CABLE

B1 B1 E
ROOM
B1 V V TR VES L1
UND
WAT ISTUR

ENGLISH ASSOCIATES
IB C
PHONE / CABLE

UT RE ERS BE
STR D 25' S
RISER ROOM

P/L AR KE TA
EAM
Y BUF TE
FER
21K L19
11

ARCHITECTS INC.
L20
APPROXIMATE FLOOD V 5041
808.36
MHSS

PLAIN LIMITS
ASPHALT
32K
28K V
P/L
20P 23P
L21 ATLANTA, GEORGIA 30341
24P

DAVID A. ENGLISH, AIA
18P
5043
796.98
HW1 B

10
5046

TOP OF BANK
793.05
CULVERT BOTTOM

20P
5152

18P
868.16
IPF-4RB 5044
5049

N88°26'20"W 583.49'
801.77

H 5050
799.13

P/L
HW1
799.69
CULVERT -X

20K 19K
CULVERT -X

TC
CITY OF STOCKBRIDGE
5051
5052
799.69
5045
798.73
CULVERT -X

L23 L24
18P
801.79
CULVERT -X

DI HW1

X COUNTY LINE
5047

X X L22
792.49

5077 CULVERT BOTTOM
846.64
FWD1/JOINT

20P
5076
841.84 5075
FWD1 838.60 5069
FWD1/JOINT 833.37

WOOD FENCE N88°27'58"W 989.17'
IPF-8RB 5054 5048
5031

PHONE - (470) 395-6263
811.27

HENRY COUNTY
803.32 796.23
5074 IPF-4RBD HW
IPF-4RB

838.80
FWD1/JOINT

5073
830.07

L25
IPF-4RB

5053

792.95

UNINCORPORATED
CL CREEK

5070

836.04
5071
FCL1/JOINT
836.04

FWD1 B

X X
5068

832.59

X V
FCL1 5055

CLF X X X
811.16

FWD2 B FWD3 B 5056

20P X
811.42
5057

FWD2 812.02

5058
FWD2 809.96
5067

830.75 FWD2 FWD1

TREELINE X X
FCL1/JOINT

X X
5032

803.32

X X
FWD1 B FCL1 B

5033

5034 799.81

799.81 IPF-4RB

X P/L
FCL1 FWD2 B

5036
5065 5064 796.85
804.12 810.22 FWD2
HW

USDV
5042

5037

800.84

797.02 IPF-5RBC
FWD2

NE
ELI
TRE
ABBREVIATIONS
LAND
GLEN
DEVON CLAYTON COUNTY
RD. B.O.S. BOTTOM OF STRUCTURE
HIGHW UNINCORPORATED -C- UNDERGROUND COMMUNICATION LINE
AY 13

TRIBUTARY COUNTY LINE
848 CLF
CTP
DB
CHAIN LINK FENCE
CRIMP TOP PIPE
DEED BOOK
ENGINEERING
1601 S Zack Hinton Parkway
DIP DUCTILE IRON PIPE
CITY OF STOCKBRIDGE
PKWY.
BERKELEY DR. DIST. DISTURBED McDonough, Georgia 30253
848
E.N.F. END NOT FOUND T 678.814.4346, F 678.814.4348
E.N.L. END NOT LOCATED www.land.engineering
SITE STAR
-G- UNDERGROUND GAS LINE
CIR. GA LSF #0946
HW HEADWALL

APPROXIMATE LAND LOT LINE
SITE SWCB 846
ASPHALT I.E. INVERT ELEVATION

SPIVEY RD.
THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND
TOP:846.44 I.I. INVERT IN DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF
B.O.S.:839.04 I.O. INVERT OUT SERVICES, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE
JB JUNCTION BOX

GA West Grid
SPIVEY RIDGE CIR. AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND
L.L. LAND LOT IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN
MON. MONUMENT AUTHORIZATION BY LAND ENGINEERING, INC. SHALL BE
C C WITHOUT LIABILITY TO LAND ENGINEERING, INC.
C HIGHW N/F NOW OR FORMERLY
COPYRIGHT LAND ENGINEERING, INC. 2020
VICINITY MAP (N.T.S.) L.L. L.L.
C (R/W W A Y 138 N.T.S. NOT TO SCALE
IDTH V OTP OPEN TOP PIPE
43 42 ARIES PB PLAT BOOK Professional Seal:
C ) PG PAGE
840
844.7 846.3
(B) O R G I
P.O.B. C P.O.B. POINT OF BEGINNING E ESSI ON
84 P.O.C. POINT OF COMMENCEMENT G OF A
6 C PR AL
P.I.N. PARCEL IDENTIFICATION NUMBER
(A) C No. 3373
SWCB C P/L PROPERTY LINE
TREELINE R/W TOP:845.38 RB REBAR
24" RC
LA OR
R/W RIGHT OF WAY N Y
I.O.(A):838.58 BR D AS
P SBL SETBACK LINE IA SURVE
I.I.(B):838.68 N L
J. D O U G
38K L = 3 3 7 .5
9' R = 21 5 9 S.F. SQUARE FEET
C H= 3 3 7 .8 3' SSMH SANITARY SEWER MANHOLE
.2 5 ' S 81 ° 4 8
840.7 844.6 ' 35 "E 18K 22PO SWCB SINGLE WING CATCH BASIN
N/F E.N.F. 21P JB -W- UNDERGROUND WATER LINE
WATERSIDE 844 22P TOP:843.31
29K (FULL OF SEDIMENT)
INVESTMENTS LLC 84
Know what's below.
834.7

P.I.N.:12043B A015
18G
DB 9702 PG 424 828.7
18K
839.0 24K TREE
LINE
LEGEND Callbefore you dig.
IRON PIN FOUND
24K 84
2 35PO
36K IRON PIN SET (5/8" REBAR)
R Dial 811.
838 23G
20K 36K
83
18PO
841.2 CALCULATED POINT Utilities
PROTECTION CENTER
75' FRO 83 RIGHT OF WAY MONUMENT
NT SETB 832
DIG SAFELY! 800-282-7411
A CK LINE 28BE 830 25K
P/L 840
35G P/L SANITARY SEWER MANHOLE
Notes:
840 STORM DRAIN MANHOLE
830 28K 838
HEADWALL
828.7
25K WATER VALVE
836
827.2

834
R /W
828
E.N.L.
832
827.1 82
ZONING NOTE PV
P/L
CITY OF STOCKBRIDGE 830
Project Number: 1116-002
SS SSMH 824.5
83 Drawn By: AJB
PARCEL 1
820.3
0 EXISTING
TOP:822.40

S00°52'15"W 370.25'
BUILDING Date: 6-29-20
ZONING: RA - RESIDENTIAL AGRICULTURAL I.O.(A):807.95
I.I.(B):808.05 828
SETBACKS: (B) Submittals:
FRONT YARD: 75 FEET 826
No. Date Description
SIDE YARD: 20 FEET (A)
REAR YARD: 40 FEET 824
820 821.0 18P
PARCEL 2
P/L SE 20' S 822 40.00' 5' UTILITY

20' SIDE SETBACK LINE
WE AN 40' VEGETATED BUFFER REQUIRED
ZONING: R3 - SINGLE FAMILY RESIDENTIAL SS R E IT TO MEET HENRY COUNTY PLANNING EASEMENT

TRIBUTARY PARKWAY
AS ARY 820
SETBACKS: EM & ZONING REQUIREMENTS
EN 22P
FRONT YARD: 50 FEET T
817.2 818 820
SIDE YARD: 10 FEET V
REAR YARD: 40 FEET
R/W
SS
Revisions:
R/W
UNDISTURBED 25' STATE 24K
816.4
819.4 V 8"
REFERENCE: STOCKBRIDGE CODE OF ORDINANCES, WATERS STREAM BUFFER

(60' R/W)
V PV No. Date Description
C 25K
CHAPTER 12.02 - ZONING DISTRICTS; AS RETRIEVED V 21K
FROM WWW.MUNICODE.COM ON JULY 24, 2020. V 816 815.3
REE V SS
V 815.1
818.5 TR ES CR V 23K APPROXIMATE FLOOD 21K 22P
THE SURVEYOR DOES NOT CERTIFY TO ANY IBU E 19K
TAR EK PLAIN LIMITS
MATTERS OF ZONING. Y
N/F 82 817.1
0 V
814 814.7
23K 814.6
THOMAS A & ANNE L V 81 SS
2 N/F
MCCULLOUGH V 814
812.8

GENERAL NOTES: P.I.N.:12043B A043
81
2 SOUTHERN CRESCENT
1. THIS DRAWING WAS CREATED ELECTRONICALLY. THIS MEDIA SHOULD DB 3929 PG 244 V V FINANCIAL GR Client / Prepared for:
83
81 810 V V V VP.I.N.:012-02013000
NOT BE CONSIDERED A CERTIFIED DOCUMENT UNLESS IT HAS BEEN
4 VS V V V
S DB 14434VPG 91 V V 822
PROPERLY SEALED AND ORIGINALLY SIGNED BY A REGISTERED LAND 6 V 820
81 V
SURVEYOR OF LAND ENGINEERING, INC. AUTHORITY OF O.C.G.A. V V V 818 820
43-15-22. 81
V V
V TOP:811.46
SSMH 816 MARTIN BONEA
36K V (B)
V 814
2. THIS SURVEY WAS CONDUCTED WITHOUT THE BENEFIT OF A 820
20' SANITARY I.O.(A):801.06 W
822 (A)
CURRENT TITLE REPORT. EASEMENTS OF RECORD OR OTHER TITLE SS
SEWER EASEMENT I.I.(B):801.11 V C
837.0
824 812 SS
MATTERS AFFECTING THE SUBJECT PROPERTY MAY EXIST. LAND SS 619 HIGHWAY 138 WEST
826 81 SSMH
810 SS 8" PVC 81 818
ENGINEERING, INC. AND THE LAND SURVEYOR WHOSE SEAL IS 828 0
V TOP:813.93 810.9
SS
SS
V STOCKBRIDGE, GEORGIA 30281
AFFIXED HEREON DO NOT GUARANTEE THAT ALL EASEMENTS WHICH 832 830
SS
MAY AFFECT THIS PROPERTY ARE SHOWN.
834
V 810 I.O.(A):801.06 S89°07'45"E 242.64' (B) 810
UNDISTURBED 25' STATE V I.I.(B):801.11 (A)
3. THIS MAP OR PLAT HAS BEEN CALCULATED FOR CLOSURE. PARCEL 1 IS 836
839.8
WATERS STREAM BUFFER V 811.3
810.6
5/8" OTP C
FOUND TO BE ACCURATE WITHIN ONE FOOT IN 585,983 FEET; PARCEL 837.0
820 V
806.9
L1
2 IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 237,915 FEET. A APPROXIMATE FLOOD V V 816
838.8
ROBOTIC TOTAL STATION WAS USED TO OBTAIN THE LINEAR AND PLAIN LIMITS L2 Project Name:

N01°19'44"E 1177.81'
ANGULAR MEASUREMENTS USED IN THE PREPARATION OF THIS PLAT.
838
83 REEVES CREEK SS
33K 0
THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE DITCH TRIBUTARY
OF ONE FOOT IN 17,039 FEET AND AN ANGULAR ERROR OF 07" PER TOP OF BANK L3 V
ANGLE POINT AND WAS ADJUSTED USING THE COMPASS RULE 836 837.2
836.5
835.4 833.4 830.8 26K
21P
TRIBUTARY PARKWAY
ADJUSTMENT METHOD. ALL DISTANCES SHOWN HEREON ARE V 808.5 L4
SURFACE DISTANCES. THE HORIZONTAL DATUM REFERENCED HEREON 83
4 V
IS REFERENCED TO THE N.A.D.83, GEORGIA WEST ZONE STATE PLANE 828 V V L5
836 22P
810.9
COORDINATE SYSTEM. THE VERTICAL DATUM IS BASED ON AND 83 826
2 4 810 SS Project Location:
RELATIVE TO N.A.V.D 88, GEOID 12B. A CARLSON BRX6 WAS USED TO 82
834 V V V V
PERFORM A NETWORK ADJUSTED REAL TIME KINEMATICS G.N.S.S. 82
2 0 81 4
809.4
814 TRIBUTARY PARKWAY
SURVEY REFERENCED TO THE EGPS C.O.R.S. NETWORK. 82 81
2 81 V L6
830
8 V 2
81
6 V V Land Lot: 42
832 81
81 V V
4. THE LOCATION AND DEPICTION OF UNDERGROUND UTILITIES IS 26K 6 V
BASED ON MARKINGS PROVIDED BY SUBSURFACE UTILITES, INC., A 81
820
1/2" RB District: 12TH
830
PROFESSIONAL UNDERGROUND UTILITY LOCATING COMPANY. THE V 820 V Section: -
SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND V 20K City: STOCKBRIDGE
822 APPROXIMATE FLOOD SS
UTILITIES SHOWN HEREON COMPRISE ALL SUCH UTILITIES IN THE 827.1
County: HENRY
DITCH 824 821.5 PLAIN LIMITS L7
AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER 818.8
HW
DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN 18K 82
2 V
I.E.:803.00
State: GEORGIA
HEREON ARE IN THE EXACT LOCATION INDICATED. UNDERGROUND 824 SHEET 1
Drawing Scale:
UTILITIES NOT OBSERVED OR LOCATED MAY EXIST ON THIS SITE, BUT MATCHLINE 822.7

NOT BE SHOWN, AND MAY BE FOUND UPON EXCAVATION.
SHEET 2 V 0 40' 80'
P/L 826 1/2" RB C1
VERIFICATION OF EXACT UNDERGROUND UTILITY LOCATIONS SHOULD SS
818.7
BE MADE PRIOR TO ANY CONSTRUCTION ACTIVITIES. 834
827.5
4 Graphic Scale in Feet
82 814
5. THIS PROPERTY IS LOCATED IN A FLOOD AREA, PER FEMA F.I.R.M. MAP 828
E.N.L. 830 L8 1" = 40'
NUMBER 13151C0066D, MAP REVISED OR ISSUED OCTOBER 6TH, 2016 842 832 "C
AND HENRY COUNTY PRESENT AND FUTURE CONDITIONS MAP, PANEL 826.9 825.0 821.2
817.2
60

20' SIDE SETBACK LINE 10' SIDE SETBACK LINE
HW MP

S01°06'01"W 743.98'
UNDISTURBED 25' STATE
66 OF 305, ISSUED MAY 2010. 844 Sheet Title:
I.O.:933.92 PARCEL 1 WATERS STREAM BUFFER
6. MONUMENTS FOUND ARE AS INDICATED ON DRAWING. MONUMENTS 15 580,185 SF

20' SIDE SETBACK LINE
818.4
PLACED ARE EITHER A 5/8” REBAR WITH CAP (INSCRIBED LSF0946) OR
833.1 832.5 L9
13.31 ACRES
A NAIL WITH WASHER (INSCRIBED LSF0946). 1/2" RB
7. THIS SURVEY WAS PREPARED BY LAND ENGINEERING, INC. TR 83
4 832.9 831.6 827.4 821.2 823.1
C2 V V
TOPOGRAPHIC SURVEY
REFERENCE NUMBER: 1116-002 EE
LI N 83 N/F HW
E 6
1601 SOUTH ZACK HINTON PARKWAY, MCDONOUGH, GEORGIA 30253 EVERYTHING VM LLC V
I.E.:801.48
OFFICE: (678) 814-4346 FAX: (678) 814-4348 P/ 835.3 832.6 P.I.N.:012-02013001 82 818.6

DB 16608 PG 168 6
WWW.LAND.ENGINEERING 83
8 Drawing Number: Total Sheets: Revision:
8. THE LAST DAY OF FIELD WORK FOR THIS SURVEY WAS 6-23-20. 85 824.2 V
0 831.0

1 3 0
C:\Users\brian.douglas\AppData\Local\Temp\AcPublish_8132\1116-002 Topographic Survey.dwg, S1, brian.douglas, Mar 03, 2022 - 1:41pm
N01°19'44"E 1177.8
L5 6
836 828 V 22P V 810.9
81
826

LAND
83 SS
2 4 810
82
834 2 V V 809.4
V V
82 82
0 81 2 81
4 814 L6
81 V R/W
V V
ENGINEERING
830 81 2 6 V
832 8 81 V
81 V
26K 6 V 81
8 1/2" RB
830 820
V 820 V
1601 S Zack Hinton Parkway
V 20K
22
827.1
8 APPROXIMATE FLOOD SS McDonough, Georgia 30253
824 821.5 PLAIN LIMITS L7
808.9 T 678.814.4346, F 678.814.4348
DITCH 818.8
HW
18K 82
2 V www.land.engineering
I.E.:803.00
824 SHEET 1 810 808.6
GA LSF #0946
812
MATCHLINE
N P/L SHEET 2
822.7

81
4 THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND
DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF
826 1/2" RB C1
SS SERVICES, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE
827.5 818.7
834 4 AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND

GA West Grid
82 814
828 IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN
E.N.L. 830 L8 AUTHORIZATION BY LAND ENGINEERING, INC. SHALL BE
842 832 MP 812 WITHOUT LIABILITY TO LAND ENGINEERING, INC.
817.2 813.8
826.9 825.0 821.2
60

20' SIDE SETBACK LINE 10' SIDE SETBACK LINE
HW COPYRIGHT LAND ENGINEERING, INC. 2020

S01°06'01"W 743.98'
UNDISTURBED 25' STATE 810
I.O.:933.92 844
PARCEL 1 WATERS STREAM BUFFER 808
15 Professional Seal:
580,185 SF

20' SIDE SETBACK LINE
818.4
833.1 832.5 L9 SS
13.31 ACRES 80
6 O R G I
1/2" RB 805.0 E ESSI ON
C2 8" G OF A
TR 83 831.6 827.4 V PR AL
EE
4 832.9 821.2 823.1
V PV
LIN 6 N/F HW C
E 83 V No. 3373
EVERYTHING VM LLC I.E.:801.48 V
L V 804 LA OR
P/ 835.3 832.6 P.I.N.:012-02013001 82 818.6 N
D Y AS
DB 16608 PG 168 6 SS BR
IA SURVE
N L
J. D O U G
83
85 824.2 V
0 831.0

800
812.9
0 8 824 V
84 82 821.4
817.2
803.4

L11
18K
Know what's below.
81
822 2 V 2
SS
83 812 80

84
833.0
831.0
820
818 816 814
81
0 80
Callbefore you dig.
Dial 811.
2 80

805.0 803.4 (B)
831.1
Utilities
PROTECTION CENTER
80V DIG SAFELY! 800-282-7411
832 V 18K
837.0 831.1 815.6

14 APPROXIMATE FLOOD Notes:
PLAIN LIMITS
805.3 V 80 V
832.5 0
814.7
22K 1/2" RB
802

833.2 832.6
837.2 V 24K RE V
TR VES 80
IB C 80 2
UT RE 0
834 831.1
815.3 AR EK L1
Y 2
810
P/L 1/2" RB 836 812
812.7 808
32K
806 Project Number: 1116-002
V Drawn By: AJB
860 846 844 836.8 815.0 81
803.0 Date: 6-29-20
858 848 842 840 837.0

856 854 852 850 40K
815.7
804 Submittals:
801.2
838 V No. Date Description
13

100.18'
813.2

816
840
802.9
841.4 V
P/L 1/2" RB
842 818
V Revisions:

20' SANITARY SEWER EASEMENT
No. Date Description
SHEET 2
844
MATCHLINE PARCEL 2
82
SHEET 3
319,440 SF
N/F P/L 7.33 ACRES
846 20K
SPIVEY COVE 12 18K
20P
SUBDIVISION 82
2 N/F
PB 27 PG 176 EVERYTHING VM LLC
Client / Prepared for:
P.I.N.:012-02009051
848
845.0 DB 16741 PG 289
826
828
824 820.8

P/L 850 83
MARTIN BONEA
229.43'
83

852 850.9
83 P/L 823.1 619 HIGHWAY 138 WEST
840
849.1 845.1
842 838 83
6 822.9
STOCKBRIDGE, GEORGIA 30281
844
854
855.1 851.1
84
6 21K
11 825.0
848
858.8 855.3
850
825.3
80 Project Name:
856
824 82
2 820 818
856.5 855.8 856.7 827.2 825.3 814

P/L
40' REAR SETBACK LINE
826
32K
28K 810 TRIBUTARY PARKWAY
860 858 831.2
826.4
80
86 856 856.2 82
2 20P 8
23P
845.1
83 30' REAR SETBACK LINE
0 24P
1/2" RB
855.3
833.4 18P Project Location:
10 828.7
18P 20P H TRIBUTARY PARKWAY
P/L N88°26'20"W 583.49' 832 831.0
20K 19K TC
CITY OF STOCKBRIDGE
865.5
852
X X X X X X X COUNTY LINE
1" RB 1/2" RB 827.0 18P DI Land Lot: 42
X 20P
86 8 846
WOOD FENCE X X X HENRY COUNTY
X X
N88°27'58"W 989.17' District: 12TH
86 86
6 852.7 2 0 84 X X X 86.47'
8 85 85 844 UNINCORPORATED X X X X Section: -
X 377.48'
840 83 X
842 CLF
X X X 828.5
20P
828
839.1 8 X
855.1
TREELINE
853.3 840.6 836.6
City: STOCKBRIDGE
83 4
6 83 X 826 County: HENRY
NE 830.8 X
82
4 HW
M P
ELI 849.3 839.3 833.1 822 "C I.E.:804.12 State: GEORGIA
TRE 820 60
X Drawing Scale:
E.N.L. X
P/L L X
P/ 0 40' 80'
14 13
Graphic Scale in Feet

CLAYTON COUNTY
12 10 9

HENRY COUNTY
15 11 1" = 40'

COUNTY LINE
P/L P/L Sheet Title:
UNINCORPORATED UNINCORPORATED
P/L P/L
P/L P/
TOPOGRAPHIC SURVEY
L.L. L.L. N/F
43 42 SPIVEY RIDGE
SUBDIVISION
PB 21 PG 87 Drawing Number: Total Sheets: Revision:

2 3 0
C:\Users\brian.douglas\AppData\Local\Temp\AcPublish_8132\1116-002 Topographic Survey.dwg, S2, brian.douglas, Mar 03, 2022 - 1:41pm
(A) ASPHALT
5/8" OTP
R/W
LAND
L1 Line Table Line Table
V 816
L2 5' UTILITY Length
Line # Direction Line # Direction Length

ENGINEERING
REEVES CREEK SS C R/W EASEMENT
TRIBUTARY L22 S74°42'20"E 28.14 L1 S01°07'51"W 27.61
R/W
L3 V
L23 N62°56'20"E 31.51 L2 S49°26'06"E 9.12 1601 S Zack Hinton Parkway
808.5 L4 McDonough, Georgia 30253
BERKELEY DRIVE L24 N85°45'17"E 25.04 L3 S03°46'42"W 22.55 T 678.814.4346, F 678.814.4348
L5 6 (60' R/W)
810.9
81 www.land.engineering
L25 S00°51'40"E 36.05 L4 S70°44'49"E 29.06
810 SS GA LSF #0946
V V V TREELINE
809.4
814 L5 S76°47'46"E 67.03
V L6 R/W THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND
V V DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF
V V R/W Curve Table L6 S55°54'27"E 52.52 SERVICES, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE
1/2" RB 5' UTILITY AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND
820 5' UTILITY
V EASEMENT
Curve # Length Bearing L7 S25°28'46"E 51.81 IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN
EASEMENT Radius Chord AUTHORIZATION BY LAND ENGINEERING, INC. SHALL BE
SS CITY OF STOCKBRIDGE WITHOUT LIABILITY TO LAND ENGINEERING, INC.
APPROXIMATE FLOOD L8 S16°25'41"W 50.77
C1 3.91 270.00 3.91 S16°00'48"W CITY LIMITS COPYRIGHT LAND ENGINEERING, INC. 2020
821.5 PLAIN LIMITS L7
808.9

82
818.8
V HW L9 HENRY COUNTY 60.00
S73°34'19"E
I.E.:803.00 C2 9.13 273.86 9.13 S11°52'19"W UNINCORPORATED Professional Seal:
810 808.6
L11 S22°57'51"E 134.18
812 O R G I
822.7
81 E ESSI ON
V 4 11 L12 S50°53'47"E 146.52 G OF A
1/2" RB C1 PR AL
SS
818.7
4 L13 S64°05'52"E 75.71 No. 3373
814 5
R/W N/F LA OR
L8 60 L14 S77°10'26"E 33.74 N
D Y AS
817.2
"C 812 813.8 P/L PINNACLE POINTE AT BR
IA SURVE
821.2

20' SIDE SETBACK LINE

10' SIDE SETBACK LINE
MP SPIVEY SUBDIVISION J. D O U G

S01°06'01"W 743.98'
UNDISTURBED 25' STATE 810 L15 S65°54'32"E 139.95
WATERS STREAM BUFFER 80 P.I.N.:012D01016000
818.4
L9 SS
PB 45 PG 168 L16 S69°52'43"E 49.34
10
80
6 P/L
1/2" RB 805.0 L17 S45°32'44"E 60.35
C2 8"
821.2 823.1 V
HW
V PV
R L18 S52°11'33"E 108.95 Know what's below.
I.E.:801.48
804
V /W
L19 S77°56'13"E 48.34 Callbefore you dig.
818.6
SS L20 S73°06'51"E 48.38 R Dial 811.
824.2 V L21 S19°53'21"E 75.85 Utilities
PROTECTION CENTER

800
DIG SAFELY! 800-282-7411
812.9
15' NO
824 V ACCESS
821.4 803.4
6 Notes:
817.2
EASEMENT
822
81
2 V L11 2
812 SS
P/L
80
820 816 814
818 0 E.N.L.
81 8
80
6 V
80
V SS SSMH
805.0 803.4 (B)
TOP:806.93
I.O.(A):793.42 STAR CIRCLE
4 I.I.(B):793.63 R/W
80V (A)
(60' R/W)
V 18K I.I.(C):796.21
815.6
APPROXIMATE FLOOD
SS
PLAIN LIMITS
805.3 V 80 V
0 Project Number: 1116-002
814.7
22K 1/2" RB Drawn By: AJB
802
SS Date: 6-29-20
24K RE V
V E UN
TR VES WA DIS Submittals:
IB C 80 80
2 TE TU L
UT RE 0 RS RB P/ No. Date Description
815.3 AR EK L1 ST ED 7
Y 2 V RE 25 SS 15' NO
AM ' ST
810 BU AT
V ACCESS
812 FF E
ER EASEMENT
812.7 808
32K V
806
V V
815.0 81 803.0
V 802
SS
4 8"
TOP OF BANK V P VC
40K 8

(R/W WIDTH VARIES)
804 19K L13

GA West Grid
815.7 800.6 V P/L Revisions:

SPIVEY ROAD
801.3
801.2
V SS
V No. Date Description
798
18K V V
813.2 800 L14
V 800 V SSMH
816 79

TREELINE
8 SS TOP:802.17
801.3
V I.O.(A):790.70
802.9 24K 801.1
800
L15 I.I.(B):790.81 9
V (B) V
796
818 21K 30' FRONT P/L
V SETBACK LINE 800.3
Client / Prepared for:
28K
22X15K 800 8 V
SHEET 2
79
V 6 798 5/8" RB SS 2
801.4 79 6 SE 0' S
79 WE AN
82
MATCHLINE PARCEL 2 V DITC
UN
798 L16
R E ITA
AS RY
EM
MARTIN BONEA
EN
WA DIST
SHEET 3
319,440 SF T
798 TE U SS
7.33 ACRES RS RBED
800 STR 2
18K EA 5' ST L1 619 HIGHWAY 138 WEST
20P V MB A 7 8V0 8"
82
2 N/F UF TE 2 PV
FER C STOCKBRIDGE, GEORGIA 30281
800
EVERYTHING VM LLC 799.0
79 8 V SS
79
P.I.N.:012-02009051 V
DB 16741 PG 289 798.6 V
826
V V 799.1
828 V
824 820.8
V V APPROXIMATE FLOOD
0 V 79 79 SS
83
V 80
80
799.4 8 6 RE 798.8 V PLAIN LIMITS Project Name:
V E UND
83 2 TR VES L1 V
2 IB C 8 WAT ISTUR
UT RE ERS BE
P/L 804 AR EK STR D 25' S V
83 V EAM TA
Y BUF TE
SS
TRIBUTARY PARKWAY
823.1 803.2 798.7
4 797.9 798.2
83 822.9 FER
79 V SSMH
V 798 TOP:808.36
798.6 6
21K 79 I.O.(A):789.21
L19 SS
798
825.0
80
796
V I.I.(B):789.26
I.I.(C):790.90 Project Location:
798 L20
825.3
80
4 V 795.4
79
(B) TRIBUTARY PARKWAY
APPROXIMATE FLOOD 797.6 8
V (C) 12" PVC Land Lot: 42
PLAIN LIMITS
818
82 SS
824 2 820 80 E.N.L.
825.3 814 8 798 797.5 79
(A) District: 12TH
827.2 804.3
799.3 79
6 4
79
798.5 V ASPHALT
32K 6 Section: -
826 28K 810 79
8 V City: STOCKBRIDGE
826.4 809.3 V 797.1
831.2
82
8 80 L21 County: HENRY
20P 23P
6 SS HW
83 30' REAR SETBACK LINE V State: GEORGIA
0 24P 797.7 I.E.:793.05
798.8 796
833.4 18P I.E.:792.49
828.7
V TOP OF BANK Drawing Scale:
18P 20P TC
832 831.0
20K 19K H 797.1 E.N.L.
CITY OF STOCKBRIDGE 810 0 40' 80'
1" RB DI L24 8' BOX
L23
1/2" RB 827.0 18P V
COUNTY LINE 807.2 1/2" RB 798.8 L22
20P 810.6
CULVERT
N88°27'58"W 989.17'

12" PVC
HENRY COUNTY DIST.
L25 Graphic Scale in Feet
X X 86.47' 6
UNINCORPORATED X X X X X X 1/2" RB V 79
X 377.48' 1/2" RB
CLF
X X X X 828.5
20P
X X X X X X X X X X X X 797.1 1" = 40'
836.6 X 828 X X X X X X X X 798 SS
812 212.67' X X X X X X X X X
83 4 X
826 99.70' P/L
83 X X
6 4 HW V 213.45' X X X X X X X
830.8 X
82 CE
X P.O.B. Sheet Title:
822 MP I.E.:804.12 D FEN
V WOOD FENCE
833.1
" C WOO X
5/8" RB
820 60 X
X W/ CAP
X 814 79
E.N.L. X
P/L P/L
X 8
X 80
804.3
80
E.N.L. TOPOGRAPHIC SURVEY
P/L P/L P/L R/W
10 9 6

TRE Drawing Number: Total Sheets: Revision:
P/L 5 4
2 ELI
1 NE
3 3 0
C:\Users\brian.douglas\AppData\Local\Temp\AcPublish_8132\1116-002 Topographic Survey.dwg, S3, brian.douglas, Mar 03, 2022 - 1:41pm
Providing Quality Water and Quality Services to Our Community

April 18, 2022

Jonathon Schrader
Tellus Partners
4983 New Peachtree Road, Suite B
Chamblee, GA 30341

Re: Tributary Parkway Court & Berkeley Drive
Parcels 012-02013001 and 012-02009051
Henry County, Georgia

Mr. Schrader,

Clayton County Water Authority owns and maintains a 12-inch water main running along the north side of
Highway 138 and an 8-inch water main running along the east side of Tributary Parkway Court at the above
referenced property. The Authority has a treatment capacity of 42 MGD and is currently producing an average
of 25.36 MGD.

The Authority also owns and maintains an 8-inch sanitary sewer main running within parcel 012-02013001 and
an 8-inch sanitary sewer main running along the north side of a Reeves Creek tributary approximately 60 feet
north of parcel 102-02009051. The sanitary sewer main may need to be extended, may require easements and
would be at the developer’s expense. Wastewater generated from your development would receive treatment
at the WB Casey WRF. This facility has a design capacity of 24.0 MGD and is presently treating 14.77 MGD. The
Authority does not guarantee capacity of plant or infrastructure; capacity is allocated only when purchased.

The data contained in this letter is for informational purposes only indicating location and size. A survey, by the
above referenced property owner, may be necessary to determine connection to the Authority’s system.

Potable water and sanitary sewer service to this property is subject to the existing and future policies of the
Clayton County Water Authority, State EPD and Federal EPA.

Sincerely,

Keith Watkins
Engineering Supervisor

www.ccwa.us | 770.961.2130 | 1600 Battle Creek Road, Morrow, GA 30260
LAND
GLEN
DEVON
RD.
HIGHW
AY 138

TRIBUTARY
CLAYTON COUNTY ENGINEERING
UNINCORPORATED 1601 S Zack Hinton Parkway
PKWY.
BERKELEY DR. McDonough, Georgia 30253

STAR
COUNTY LINE TOTAL COMBINED AREA: T 678.814.4346, F 678.814.4348
www.land.engineering
SITE
CITY OF STOCKBRIDGE

SITE
CIR.
APPROXIMATELY 29.2 ACRES GA LSF #0946

SPIVEY RD.
THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND

APPROXIMATE LAND LOT LINE
DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF
SERVICES, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE
SPIVEY RIDGE CIR. AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND
IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN
AUTHORIZATION BY LAND ENGINEERING, INC. SHALL BE
L=337.59' WITHOUT LIABILITY TO LAND ENGINEERING, INC.
THIS BLOCK RESERVED FOR THE CLERK COPYRIGHT LAND ENGINEERING, INC. 2020
R=2159.83'
OF THE SUPERIOR COURT. VICINITY MAP (N.T.S.) CH=337.25'
S81°48'35"E Professional Seal:
ASPHALT
S76°57'26"E

PRELIMINARY
ABBREVIATIONS 28.27' L=66.63'
P.O.B. R=3913.95'
-C- UNDERGROUND COMMUNICATION LINE N86°56'53"E CH=66.63'
R/W
CLF CHAIN LINK FENCE 100.39' S72°17'36"E
CTP
DB
CRIMP TOP PIPE
DEED BOOK
N/F NOT FOR RECORD
WATERSIDE
DIP
DIST.
E.N.F.
DUCTILE IRON PIPE
DISTURBED
END NOT FOUND
INVESTMENTS LLC
P.I.N.:12043B A015 15.8' (R/W
HIGH
WAY
138
OR CONSTRUCTION
WIDT
E.N.L. END NOT LOCATED DB 9702 PG 424 H VA
-G- UNDERGROUND GAS LINE RIES
P/L 75' FRO S73°41'01"E )
HW HEADWALL
NT SETB
ACK LIN P/L
E 54.30'
L.L. LAND LOT
MON. MONUMENT
TREE
LINE Know what's below.
N/F NOW OR FORMERLY R /W
Callbefore you dig.

S00°52'15"W 370.25'
N.T.S. NOT TO SCALE
OTP OPEN TOP PIPE P/L Dial 811.
TREELINE
PB PLAT BOOK 20' SANITARY SEWER

PG PAGE EASEMENT PER UNRECORDED 40.00'
P.O.B. POINT OF BEGINNING DEED PROVIDED BY CCWSA
5' UTILITY
EASEMENT
Utilities
PROTECTION CENTER
P.O.C. POINT OF COMMENCEMENT P/L

40' VEGETATED BUFFER
DIG SAFELY! 800-282-7411
P.I.N. PARCEL IDENTIFICATION NUMBER
P/L PROPERTY LINE R/W R/W N/F Notes:
RB
R/W
REBAR
RIGHT OF WAY N/F V V V 1 PINNACLE POINTE AT N
TRIBUTARY PARKWAY
V N/F
SBL SETBACK LINE THOMAS A & ANNE L V SPIVEY SUBDIVISION
S.F. SQUARE FEET MCCULLOUGH SOUTHERN CRESCENT P.I.N.:012D01016000
V BLOCK A

GA West Grid
SSMH SANITARY SEWER MANHOLE P.I.N.:12043B A043 APPROXIMATE FINANCIAL GR PB 45 PG 168
-W- UNDERGROUND WATER LINE FLOOD PLAIN LIMITS V
P.I.N.:012-02013000 +/-1.54 ACRES
DB 3929 PG 244 2
DB 14434 PG 91 V
V 3
V V

(60' R/W)
V S89°07'45"E 242.64' 5/8" OTP V

N01°19'44"E 1177.81'
LEGEND V L2 ASPHALT 5' UTILITY
L1
REEVES CREE L3 EASEMENT
V K R/W
IRON PIN FOUND V TRIBUTARY V
UNDISTURBED 25' STATE
V V V P/L
IRON PIN SET (5/8" REBAR)
V L4 V BERKELEY DRIVE
WATERS STREAM BUFFER L5 Project Number: 1116-002
(60' R/W)
CALCULATED POINT V V L6 Drawn By: BJD
R/W
RIGHT OF WAY MONUMENT R/W Date: 8-17-22
V V 1/2" RB 5' UTILITY CITY OF STOCKBRIDGE
C/L OF CREEK IS P/L 5' UTILITY
SANITARY SEWER MANHOLE L=76.80' EASEMENT CITY LIMITS Submittals:

20' SIDE SETBACK LINE
R=330.00' EASEMENT

15' NO ACCESS EASEMENT
HENRY COUNTY

20' SIDE SETBACK LINE
STORM DRAIN MANHOLE L7 C1 V

10' SIDE SETBACK LINE
CH=76.63' UNINCORPORATED No. Date Description
HEADWALL
P/L 1/2" RB
N09°45'38"E 4
ZONING NOTE
R/W
E.N.L.
V V 5
PARCEL 1 P/L 11 BLOCK C CITY OF STOCKBRIDGE
WATER VALVE L8 V
15 L9 +/-1.54 ACRES PARCEL 1
580,180 SF 10
1/2" RB P/L
13.32 ACRES R ZONING: RA - RESIDENTIAL AGRICULTURAL

(R/W WIDTH VARIES)
N/F
C2 V SETBACKS:

SPIVEY ROAD
FRONT YARD: 75 FEET
EVERYTHING VM LLC
SIDE YARD: 20 FEET
L P.I.N.:012-02013001
P/ L11 6 REAR YARD: 40 FEET
ZONING:RA - RESIDENTIAL AGRICULTURAL P/L Revisions:
DB 16608 PG 168
V V PARCEL 2
40' VEGETATED BUFFER No. Date Description
STAR CIRCLE ZONING: R3 - SINGLE FAMILY RESIDENTIAL

S01°06'01"W 743.98'
14 PROPERTY IS ALSO LAND BLOCK D (60' R/W) SETBACKS:
LOT LINE AND COUNTY LINE +/- 5.62 ACRES FRONT YARD: 50 FEET
1/2" RB V SIDE YARD: 10 FEET
L1 L REAR YARD: 40 FEET
1/2" RB 2 P/ 7

15' NO ACCESS EASEMENT
P/L
V V REFERENCE: STOCKBRIDGE CODE OF ORDINANCES,
N/F V CHAPTER 12.02 - ZONING DISTRICTS; AS RETRIEVED
L13
100.18'
V 8 FROM WWW.MUNICODE.COM ON JULY 24, 2020.
SPIVEY COVE P/L Client / Prepared for:

TREELINE
SUBDIVISION 13 V V
FORMER LOT LINE L14 THE SURVEYOR DOES NOT CERTIFY TO ANY
PB 27 PG 176 L15 MATTERS OF ZONING.

20' SANITARY SEWER EASEMENT
(TO BE REMOVED) V
1/2" RB 20 9
P/L V P/L
COMBINED PARCEL 5/8" RB
SE '
WE SAN
R E ITA
AS RY
RANDY STAMEY
899,620 SF PARCEL 2 EM
30' FRONT L16 EN
P/L 20.65 ACRES 319,440 SF
V L1 T GENERAL NOTES:
12 7.33 ACRES SETBACK LINE 7 V
UNDISTURBED 25' STATE 1. THIS DRAWING WAS CREATED ELECTRONICALLY. THIS MEDIA SHOULD
N/F
229.43'
WATERS STREAM BUFFER V NOT BE CONSIDERED A CERTIFIED DOCUMENT UNLESS IT HAS BEEN
P/L EVERYTHING VM LLC RE L1 PROPERLY SEALED AND ORIGINALLY SIGNED BY A REGISTERED LAND
E 8 V APPROXIMATE FLOOD
P.I.N.:012-02009051 V TR VES SURVEYOR OF LAND ENGINEERING, INC. AUTHORITY OF O.C.G.A.
P/L V V IB C PLAIN LIMITS
ZONING:R3 - SINGLE FAMILY RESIDENTIAL UT RE 43-15-22.
AR EK L19
11 DB 16741 PG 289 V Y L20 V 2. THIS MAP IS NOT TO BE USED OR CONSTRUED AS A BOUNDARY
SURVEY. THE PURPOSE OF THIS MAP IS TO SHOW APPROXIMATE LAND
APPROXIMATE FLOOD V
40' REAR SETBACK LINE V ASPHALT AREAS FROM PROPOSED PURCHASE AND A SURVEY WAS NOT Project Name:
P/L PLAIN LIMITS L24
Curve Table V C/L OF CREEK IS P/L PERFORMED ON THE ENTIRETY OF THE LAND SHOWN HEREON. ALL
1/2" RB 30' REAR SETBACK LINE L21 MEASUREMENTS ARE APPROXIMATE.
CITY OF STOCKBRIDGE L23
10 N88°26'20"W 583.49' 1" RB 1/2" RB
P/L E.N.L.
TRIBUTARY PARKWAY
Bearing 1/2" RB V 4. THE LOCATION AND DEPICTION OF UNDERGROUND UTILITIES IS
Curve # Length Radius Chord X X XCOUNTY LINE N88°27'58"W 989.17' 1/2" RB
X X P/L DIST. 1/2" RB
HENRY COUNTY
X X X 86.47' X X X L22 BEYOND THE SCOPE OF SERVICES CONTRACTED FOR THIS PROJECT. NO
X X X
377.48' X X L25
TREELINE 20' DRAINAGE EASEMENT X X X
C1 3.91 270.00 3.91 S16°00'48"W CLF X X X X P/L ATTEMPT WAS MADE TO TRACE, MARK, OR SURVEY THE LOCATION OF
UNINCORPORATED X
FENCE X 212.67' 99.70'
X X
PER PB 21 PG 87 WOOD X
X 213.45' WOOD FENCE UNDERGROUND UTILITIES. ONLY ABOVE GROUND APPURTENANCES
X 20' SANITARY SEWER
C2 9.13 273.86 9.13 S11°52'19"W P/L P/ X BASED ON OBSERVED EVIDENCE ARE SHOWN HEREON. UNDERGROUND
EASEMENT P.O.B.
R/W
L 14
ELI
13 UTILITIES NOT OBSERVED OR LOCATED MAY EXIST ON THIS SITE, BUT Project Location:
12 10 9 E.N.L. 6 PER PB 21 PG 87
TRE
15 11 5/8" RB NOT BE SHOWN, AND MAY BE FOUND UPON EXCAVATION.
P/L P/L 5 4 2 W/ CAP VERIFICATION OF EXACT UNDERGROUND UTILITY LOCATIONS SHOULD TRIBUTARY PARKWAY
Line Table Line Table 3 1 NE
P/L P/L Land Lot: 42
CLAYTON COUNTY
P/L L BE MADE PRIOR TO ANY CONSTRUCTION ACTIVITIES.

HENRY COUNTY
P/ N/F P/L P/L P/L
SPIVEY RIDGE P/L P/L
Line # Direction Length Line # Direction Length 5. THIS PROPERTY IS LOCATED IN A FLOOD AREA, PER FEMA F.I.R.M. MAP District: 12TH
UNINCORPORATED SUBDIVISION NUMBER 13151C0066D, MAP REVISED OR ISSUED OCTOBER 6TH, 2016 Section: -
L1 S01°07'51"W 27.61 L15 S65°54'32"E 139.95 AND HENRY COUNTY PRESENT AND FUTURE CONDITIONS MAP, PANEL

UNINCORPORATED
PB 21 PG 87 City: STOCKBRIDGE
66 OF 305, ISSUED MAY 2010.
L2 S49°26'06"E 9.12 L16 S69°52'43"E 49.34 COUNTY LINE 7. THIS MAP WAS PREPARED BY LAND ENGINEERING, INC. County: HENRY
REFERENCE NUMBER: 1116-002 State: GEORGIA
L3 S03°46'42"W 22.55 L17 S45°32'44"E 60.35
1601 SOUTH ZACK HINTON PARKWAY, MCDONOUGH, GEORGIA 30253
Drawing Scale:
L4 S70°44'49"E 29.06 L18 S52°11'33"E 108.95 OFFICE: (678) 814-4346 FAX: (678) 814-4348
WWW.LAND.ENGINEERING 0 100' 200'
L5 S76°47'46"E 67.03 L19 S77°56'13"E 48.34 L.L. L.L.
43 42 Graphic Scale in Feet
L6 S55°54'27"E 52.52 L20 S73°06'51"E 48.38
1" = 100'
L7 S25°28'46"E 51.81 L21 S19°53'21"E 75.85
Sheet Title:
L8 S16°25'41"W 50.77 L22 S74°42'20"E 28.14

L9 S73°34'19"E 60.00 L23 N62°56'20"E 31.51

L11 S22°57'51"E 134.18 L24 N85°45'17"E 25.04 LAND MAP
L12 S50°53'47"E 146.52 L25 S00°51'40"E 36.05

L13 S64°05'52"E 75.71
Drawing Number: Total Sheets: Revision:
L14 S77°10'26"E 33.74

1 1 0
C:\Users\brian.douglas\AppData\Local\Temp\AcPublish_7404\1116-002 Land Map to Stamey.dwg, 24x36, brian.douglas, Aug 17, 2022 - 4:32pm
RZ-2022-04 Tranquil Trails

TO: Mayor/Council
Planning Commission

FROM: R. Ryan Anderson, Chief Planner

CC: Brecca Carter, Community Development Director

DATE: August 25, 2022

Subject: RZ-2022-04 Tranquil Trails

I. PURPOSE

Consider a request for a change in zoning for 26.5 +/-total acres from RR (Rural
Residential), SR (Suburban Residential), and C-2 (General Commercial) to PUD
(Planned Unit Development) to allow for a mixed-use residential development.
Application by Highway 138/Spivey Road Land Assemblage, LLC, represented by Randy
Stamey, the Agent. The property contains twelve (12) parcels in Land Lot 42 of District
12.

II. COMPONENT PARCELS

The proposed site would contain the twelve (12) parcels that are listed below. The first
two parcels below are owned by Everything VM, LLC. The remaining ten parcels are
owned by Martin Gonzalez; they are zoned C-2 (General Commercial); and they are part
of the Pinnacle Pointe @ Spivey Subdivision. (It is important to note that Parcel #012-
02013000 with 2.00 +/- acres at 3020 Highway 138 West, owned by Southern Crescent
Financial Group, would NOT be included within the site).

1. Parcel #012-02013001—Located on the south side of Highway 138 West / Lake
Spivey Parkway, across from Glen Devon Road. Owned by Everything VM, LLC.
Contains 14.01 +/- acres. Zoned ‘RR’ (Rural Residential).
2. Parcel #012-02009051—Located on Spivey Road, south of Tributary Parkway.
Contains 7.40 +/- acres. Zoned ‘SR’ (Suburban Residential).
3. Parcel #012D01001000—Located at 1225 Highway 138 West, west of Tributary
Parkway. Contains 1.444 +/- acres. Zoned ‘C-2’ (General Commercial).
4. Parcel #012D01012000—Located at the southeast corner of Tributary Parkway
and Berkeley Drive. Contains 0.501 +/- acres. Zoned ‘C-2’ (General Commercial).
5. Parcel #012D01004000—Located at 1300 Berkeley Drive, between Tributary
Parkway and Star Creek Drive. Contains 0.475 +/- acres. Zoned ‘C-2’ (General
Commercial).
6. Parcel #012D01005000—Located at the southwest corner of Berkeley Drive and

RZ-2022-04 Tranquil Trails

Star Creek Drive. Contains 0.375 +/- acres. Zoned ‘C-2’ (General Commercial).
7. Parcel #012D01006000—Located at 1660 Starr Circle. Contains 1.018 +/- acres.
Zoned ‘C-2’ (General Commercial).
8. Parcel #012D01007000-- Located at 1600 Starr Circle. Contains 0731 +/- acres.
Zoned ‘C-2’ (General Commercial).
9. Parcel #012D01008000—Located at 1650 Starr Circle. Contains 0.968 +/- acres.
Zoned ‘C-2’ (General Commercial).
10. Parcel #012D01009000—Located at 1700 Starr Circle. Contains 1.21 acres.
Zoned ‘C-2’ (General Commercial).
11. Parcel #012D01010000-- Located at the northwest corner of Berkeley Drive and
Spivey Road. Contains 0.737 +/- acres. Zoned ‘C-2’ (General Commercial).
12. Parcel #012D01011000—Located at the southeast corner of Berkeley Drive and
Starr Circle. Contains 0.799 +/- acres. Zoned ‘C-2’ (General Commercial).

III. BACKGROUND

Proposed Development Mixed-residential project, including 318
apartments and 50 townhomes.
Site Address Includes multiple addresses and parcel
numbers.
Parcel Identification Subject property includes 12 parcels, per
the list above.
Parcel Acreage 26.5 +/- total acres within 12 parcels.
Applicant Highway 138 Spivey Road Land
Assemblage, LLC
Owner Three owners – Everything VM, LLC;
Martin Gonzalez; Martin Bonea
Current County Zoning N/A
Current City Zoning Varies by parcel, per the list above.
County Land Use Designation N/A
City Land Use Designation Low-Density Vertical Mixed-Use
Current Use Vacant land
Surrounding Land Uses • North — Glen Devon Subdivision off
Glen Devon Road (County); vacant
shopping center (Spivey Commons) at
1175 Highway 138 West; vacant land.
• South –Spivey Ridge Subdivision off
Spivey Ridge Circle (County).
• West — Vacant land.
• East— Baileys Estates Subdivision off
Spivey Glen Drive (City), and Spivey
Glen Subdivision off Spivey Glen Drive
(County).

RZ-2022-04 Tranquil Trails

III. FINDINGS OF FACT

• Topographical surveys that were submitted by the applicant show that the property
is traversed, from west to east, by the Reeves Creek Tributary and its associated
floodplain. The property also contains a 25-foot “undisturbed State waters stream
buffer” and a 20-foot sanitary sewer easement in the same area.
• The applicant has also applied for a Rezoning via RZ-2022-04 (from RR, SR, and
C-2 to PUD) and a Recombination via RC-2022-01. The developer would be Tellus
Partners, LLC.

IV. PROJECT NARRATIVE

The applicant’s submitted Conceptual Site Plan shows that the proposed apartment
complex would be built in the southwest corner of the site, with its entrance off Highway
138 West / Lake Spivey Parkway from Tributary Parkway, which is currently a dead-end
street. The apartment Leasing Center, along with a swimming pool, would be located
directly in front of Lake Spivey Parkway, at 1225 Highway 138 West (currently Parcel
#012D01001000, which has 1.444 +/- acres), at the west side of Tributary Parkway. A
new bridge would be built across or under Tributary Parkway, just south of the street’s
intersection with Berkeley Drive. A trash dumpster would be located on a stub street off
Tributary Parkway, and a large “stormwater management” would be located beyond that.

The proposed townhome community would be built at the northeast corner of the site,
with entrances off Berkeley Drive and Starr Circle, which both lead to Spivey Road. The
apartment complex would feature a Leasing Office with mail center, a maintenance office,
a trash center, and 500 parking spaces (1.58 spaces per unit). A large Dog Park would
be located to the north of the apartment complex. An “Amenity Area” is shown as part of
the townhome community, and a small Dog Park would be located nearby.

RZ-2022-04 Tranquil Trails

IV. Maps and Illustrations

Subject Property on GIS

RZ-2022-04 Tranquil Trails

Site Plan

RZ-2022-04 Tranquil Trails

General Vicinity Map

RZ-2022-04 Tranquil Trails

Aerial Photo

RZ-2022-04 Tranquil Trails

V. Analysis

Project Description

The applicant proposes a mixed-use development consisting of 318 apartment units and 50 townhomes
and to be determined commercial components.

Staff Analysis

The applicant requests a Rezoning under the City of Stockbridge Unified Development Code Section
(Sec. 9.2.1 C):

The Planning Commission and the City Council shall consider the following standards in considering any
proposal that would result in a change to the text or map of this UDC, giving due weight or priority to
those factors that are appropriate to the circumstances of each proposal.

ANALYSIS OF REQUEST

1. Consistency with the Comprehensive Plan.
The applicant’s proposal in its current form is not consistent with the Low Density Vertical
Mixed Use Land Use designation. The density for the proposed project is 13.88 units per
acre which places the proposed project into the High-Density Residential Land Use
category which allows a density rate between 6-16 units per acre. This rezoning proposal
is accompanied by a Comprehensive Plan Amendment to change the land use to High-
Density Residential and that would allow for the proposed development.

2. The relation that the proposed rezoning amendment bears to the purpose of the
overall zoning scheme with due consideration given to whether or not the
proposed change will help carry out the purposes of the City of Stockbridge
Zoning Code.
This proposed project meets one of the main goals of the Purpose and Intent of the City
of Stockbridge’s Unified Development Code, and that is “Encourage the most
appropriate and best use of land, buildings, and other structures throughout the City.”
This proposal in its current form meets the purpose and intent of the UDC. Also, the
proposed project can serve as a catalyst for future commercial development in the City.

3. Potential positive effects of the rezoning amendment on the character of the
proposed zoning district, a particular piece of property, neighborhood, a particular
area, or community.
The proposed mixed-use development project is expected to have a positive effect on
the subject property and the surrounding area. Currently, the City is predominantly
single-family residential, and this proposed project can further serve to diversify the
housing stock within the City limits.

4. The physical conditions of the site relative to its capability to be developed as
requested, including topography, drainage, access, and size and shape of the
property.
The property is traversed from west to east by the Reeves Creek Tributary and its
associated floodplain. The property also contains a 25-foot “undisturbed State waters

RZ-2022-04 Tranquil Trails

stream buffer” and a 20-foot sanitary sewer easement in the same area. The subject
property is physically challenged due to the presence of Reeves Creek Tributary and its
surrounding floodplain areas. The developer plans to protect these areas by leaving
them in their natural state. The remainder of the development site is relatively level and
suitable for the proposed mixed-use development.

5. The impact upon adjacent property owners should the request be granted.
The proposed mixed residential development with townhomes and apartments would
represent an acceptable land use transition between the existing single-family detached
housing to the east and west and the existing retail uses along Highway 138 West and
Mount Zion Parkway. The proposed project does not meet the threshold of a regional
development review and, therefore, the impacts from the proposed development will be
considered acceptable and considered a normal part of daily living in an urbanized area.

6. The potential impact of the rezoning on City infrastructure including water and
sewage system.
The applicant has obtained a letter from the Clayton County Water Authority, dated April
18, 2022. It states that a twelve (12)-inch water main is present along the north side of
Highway 138 West and an 8-inch water main running along the east side of the Tributary
Parkway Court at the above referenced property. The Authority also owns and maintains
along the north side of Reeves Creek tributary approximately 60 feet north of parcel 102-
02009051. The sanitary sewer main might need to be extended to serve the proposed
development. This may require easements and it would be at the owner’s or developer’s
expense.

7. The impact of the proposed amendment on adjacent thoroughfares and pedestrian
and vehicular circulation and traffic volumes.
No trip generation memorandum has been submitted. However, since the proposed
project will be located along a state roadway, Georgia DOT and Henry County DOT
would be required to be consulted in the design of the transportation network of the
development including ingress and egress. The developer will consult with officials from
Georgia DOT and Henry County DOT to determine whether any road improvements or
traffic signalization adjustments need to be made along Highway 138 West.

Regarding access to the site, Section 4.5.1 of the UDC states that any improvements
along major highways are subject to Georgia DOT approval. Further, Section 16.4(J)
states that any developments which have an entrance onto a state highway must
provide deceleration lanes, and that these must meet Georgia DOT’s design
requirements. Internally, the streets would be 28 feet wide, from the back of the curb on
one side of the street to the back of the curb on the other side of the street. This would
meet the requirements of the Unified Development Code (UDC), and it would meet the
specifications of the Stockbridge Fire Marshal. Sidewalks will be provided along all the
internal streets. Sidewalks must be at least ten (10) feet wide along Highway 138 West.
The Streetscape Design Standards of the UDC also specify that along a major highway,
a building frontage zone, a pedestrian travel zone, and a fixtures/planting zone must all
be provided. Internally, sidewalks must be at least eight (8) feet wide on commercial
streets and at least five (5) feet wide on residential streets. The proposed development
will have approximately 500 parking spaces for the 368-unit development at a rate of
1.58 spaces per unit.

RZ-2022-04 Tranquil Trails

8. The merits of the requested change in zoning relative to any other guidelines and
policies for development, which the Planning Commission and City Council may
use in furthering the objective of the comprehensive plan.
The proposed development would meet purposes of the Parkway Mixed-Use Overlay
District. The project will feature a balanced mixture of residential densities and proposed
commercial uses whereby residents can truly “live, work and play.” The proposed
development can be a panacea for future economic development activity in the target
area.

9. The ability of the subject land to be developed as it is presently zoned.
The subject properties as currently zoned are less likely to be developed than a high
density mix use development due to the subject properties’ location on a State highway,
Reeves Creek Tributary, and other environmental challenges, and the lack of pedestrian
access for customers who are seeking neighborhood retail products and services. The
subject property in its current form is less likely to be developed. Only a high-density
development would be feasible at the location because of the challenges associated with
the land. A mix use development with commercial uses would be more realistic, and
the proposed rezoning of the subject property to PUD would allow for such action. The
rezoning of the subject property to PUD would allow for flexibility in design and greater
usage of the total site area than would the current zoning.

Summary of Impacts/Concerns

Code Compliance N/A
Police Department No comments
Fire Marshall Mandated two means of ingress/egress
Henry County Water and Sewer Acceptable water/sewer
Building No Comments
Traffic Will be addressed later during development phsase

VI. STAFF RECOMMENDATION
The Planning and Zoning Staff recommends APPROVAL WITH CONDITIONS for the
proposed rezoning of the subject property from RR (Rural Residential), SR (Suburban
Residential), and C-2 (General Commercial) to PUD (Planned Unit Development).

Conditional Approval:

1. The project will be developed in conformance with the City of Stockbridge Unified
Development Code and all other City Code sections regarding site development
standards and requirements.

2. The approval of Case #CP-2022-02 to change the property’s future land use designation
from Low-Density Vertical to High-Density Residential shall occur simultaneously with the
approval of Case #RZ-2022-04 for the rezoning of the property.

3. The rezoning shall not be finalized until the applicant receives approval from
Mayor/Council for Recombination Plat Case #RC-2022-01 and this shall not be finalized
until a new plat is officially recorded by the Henry County Super Court (Real Estate
Records Division).

10
RZ-2022-04 Tranquil Trails

4. Regarding the Issuance of Land Disturbance and Building Permits – No land
disturbance or building permit shall be issued for the subject property until the
applicant has had the new recombination plat officially recorded and has submitted
a copy of the recorded plat to the Community Development Department.

11
LAND
GLEN
DEVON
RD.
HIGHW
AY 138

TRIBUTARY
CLAYTON COUNTY ENGINEERING
UNINCORPORATED 1601 S Zack Hinton Parkway
PKWY.
BERKELEY DR. McDonough, Georgia 30253

STAR
COUNTY LINE TOTAL COMBINED AREA: T 678.814.4346, F 678.814.4348
www.land.engineering
SITE
CITY OF STOCKBRIDGE

SITE
CIR.
APPROXIMATELY 29.2 ACRES GA LSF #0946

SPIVEY RD.
THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND

APPROXIMATE LAND LOT LINE
DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF
SERVICES, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE
SPIVEY RIDGE CIR. AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND
IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN
AUTHORIZATION BY LAND ENGINEERING, INC. SHALL BE
L=337.59' WITHOUT LIABILITY TO LAND ENGINEERING, INC.
THIS BLOCK RESERVED FOR THE CLERK COPYRIGHT LAND ENGINEERING, INC. 2020
R=2159.83'
OF THE SUPERIOR COURT. VICINITY MAP (N.T.S.) CH=337.25'
S81°48'35"E Professional Seal:
ASPHALT
S76°57'26"E

PRELIMINARY
ABBREVIATIONS 28.27' L=66.63'
P.O.B. R=3913.95'
-C- UNDERGROUND COMMUNICATION LINE N86°56'53"E CH=66.63'
R/W
CLF CHAIN LINK FENCE 100.39' S72°17'36"E
CTP
DB
CRIMP TOP PIPE
DEED BOOK
N/F NOT FOR RECORD
WATERSIDE
DIP
DIST.
E.N.F.
DUCTILE IRON PIPE
DISTURBED
END NOT FOUND
INVESTMENTS LLC
P.I.N.:12043B A015 15.8' (R/W
HIGH
WAY
138
OR CONSTRUCTION
WIDT
E.N.L. END NOT LOCATED DB 9702 PG 424 H VA
-G- UNDERGROUND GAS LINE RIES
P/L 75' FRO S73°41'01"E )
HW HEADWALL
NT SETB
ACK LIN P/L
E 54.30'
L.L. LAND LOT
MON. MONUMENT
TREE
LINE Know what's below.
N/F NOW OR FORMERLY R /W
Callbefore you dig.

S00°52'15"W 370.25'
N.T.S. NOT TO SCALE
OTP OPEN TOP PIPE P/L Dial 811.
TREELINE
PB PLAT BOOK 20' SANITARY SEWER

PG PAGE EASEMENT PER UNRECORDED 40.00'
P.O.B. POINT OF BEGINNING DEED PROVIDED BY CCWSA
5' UTILITY
EASEMENT
Utilities
PROTECTION CENTER
P.O.C. POINT OF COMMENCEMENT P/L

40' VEGETATED BUFFER
DIG SAFELY! 800-282-7411
P.I.N. PARCEL IDENTIFICATION NUMBER
P/L PROPERTY LINE R/W R/W N/F Notes:
RB
R/W
REBAR
RIGHT OF WAY N/F V V V 1 PINNACLE POINTE AT N
TRIBUTARY PARKWAY
V N/F
SBL SETBACK LINE THOMAS A & ANNE L V SPIVEY SUBDIVISION
S.F. SQUARE FEET MCCULLOUGH SOUTHERN CRESCENT P.I.N.:012D01016000
V BLOCK A

GA West Grid
SSMH SANITARY SEWER MANHOLE P.I.N.:12043B A043 APPROXIMATE FINANCIAL GR PB 45 PG 168
-W- UNDERGROUND WATER LINE FLOOD PLAIN LIMITS V
P.I.N.:012-02013000 +/-1.54 ACRES
DB 3929 PG 244 2
DB 14434 PG 91 V
V 3
V V

(60' R/W)
V S89°07'45"E 242.64' 5/8" OTP V

N01°19'44"E 1177.81'
LEGEND V L2 ASPHALT 5' UTILITY
L1
REEVES CREE L3 EASEMENT
V K R/W
IRON PIN FOUND V TRIBUTARY V
UNDISTURBED 25' STATE
V V V P/L
IRON PIN SET (5/8" REBAR)
V L4 V BERKELEY DRIVE
WATERS STREAM BUFFER L5 Project Number: 1116-002
(60' R/W)
CALCULATED POINT V V L6 Drawn By: BJD
R/W
RIGHT OF WAY MONUMENT R/W Date: 8-17-22
V V 1/2" RB 5' UTILITY CITY OF STOCKBRIDGE
C/L OF CREEK IS P/L 5' UTILITY
SANITARY SEWER MANHOLE L=76.80' EASEMENT CITY LIMITS Submittals:

20' SIDE SETBACK LINE
R=330.00' EASEMENT

15' NO ACCESS EASEMENT
HENRY COUNTY

20' SIDE SETBACK LINE
STORM DRAIN MANHOLE L7 C1 V

10' SIDE SETBACK LINE
CH=76.63' UNINCORPORATED No. Date Description
HEADWALL
P/L 1/2" RB
N09°45'38"E 4
ZONING NOTE
R/W
E.N.L.
V V 5
PARCEL 1 P/L 11 BLOCK C CITY OF STOCKBRIDGE
WATER VALVE L8 V
15 L9 +/-1.54 ACRES PARCEL 1
580,180 SF 10
1/2" RB P/L
13.32 ACRES R ZONING: RA - RESIDENTIAL AGRICULTURAL

(R/W WIDTH VARIES)
N/F
C2 V SETBACKS:

SPIVEY ROAD
FRONT YARD: 75 FEET
EVERYTHING VM LLC
SIDE YARD: 20 FEET
L P.I.N.:012-02013001
P/ L11 6 REAR YARD: 40 FEET
ZONING:RA - RESIDENTIAL AGRICULTURAL P/L Revisions:
DB 16608 PG 168
V V PARCEL 2
40' VEGETATED BUFFER No. Date Description
STAR CIRCLE ZONING: R3 - SINGLE FAMILY RESIDENTIAL

S01°06'01"W 743.98'
14 PROPERTY IS ALSO LAND BLOCK D (60' R/W) SETBACKS:
LOT LINE AND COUNTY LINE +/- 5.62 ACRES FRONT YARD: 50 FEET
1/2" RB V SIDE YARD: 10 FEET
L1 L REAR YARD: 40 FEET
1/2" RB 2 P/ 7

15' NO ACCESS EASEMENT
P/L
V V REFERENCE: STOCKBRIDGE CODE OF ORDINANCES,
N/F V CHAPTER 12.02 - ZONING DISTRICTS; AS RETRIEVED
L13
100.18'
V 8 FROM WWW.MUNICODE.COM ON JULY 24, 2020.
SPIVEY COVE P/L Client / Prepared for:

TREELINE
SUBDIVISION 13 V V
FORMER LOT LINE L14 THE SURVEYOR DOES NOT CERTIFY TO ANY
PB 27 PG 176 L15 MATTERS OF ZONING.

20' SANITARY SEWER EASEMENT
(TO BE REMOVED) V
1/2" RB 20 9
P/L V P/L
COMBINED PARCEL 5/8" RB
SE '
WE SAN
R E ITA
AS RY
RANDY STAMEY
899,620 SF PARCEL 2 EM
30' FRONT L16 EN
P/L 20.65 ACRES 319,440 SF
V L1 T GENERAL NOTES:
12 7.33 ACRES SETBACK LINE 7 V
UNDISTURBED 25' STATE 1. THIS DRAWING WAS CREATED ELECTRONICALLY. THIS MEDIA SHOULD
N/F
229.43'
WATERS STREAM BUFFER V NOT BE CONSIDERED A CERTIFIED DOCUMENT UNLESS IT HAS BEEN
P/L EVERYTHING VM LLC RE L1 PROPERLY SEALED AND ORIGINALLY SIGNED BY A REGISTERED LAND
E 8 V APPROXIMATE FLOOD
P.I.N.:012-02009051 V TR VES SURVEYOR OF LAND ENGINEERING, INC. AUTHORITY OF O.C.G.A.
P/L V V IB C PLAIN LIMITS
ZONING:R3 - SINGLE FAMILY RESIDENTIAL UT RE 43-15-22.
AR EK L19
11 DB 16741 PG 289 V Y L20 V 2. THIS MAP IS NOT TO BE USED OR CONSTRUED AS A BOUNDARY
SURVEY. THE PURPOSE OF THIS MAP IS TO SHOW APPROXIMATE LAND
APPROXIMATE FLOOD V
40' REAR SETBACK LINE V ASPHALT AREAS FROM PROPOSED PURCHASE AND A SURVEY WAS NOT Project Name:
P/L PLAIN LIMITS L24
Curve Table V C/L OF CREEK IS P/L PERFORMED ON THE ENTIRETY OF THE LAND SHOWN HEREON. ALL
1/2" RB 30' REAR SETBACK LINE L21 MEASUREMENTS ARE APPROXIMATE.
CITY OF STOCKBRIDGE L23
10 N88°26'20"W 583.49' 1" RB 1/2" RB
P/L E.N.L.
TRIBUTARY PARKWAY
Bearing 1/2" RB V 4. THE LOCATION AND DEPICTION OF UNDERGROUND UTILITIES IS
Curve # Length Radius Chord X X XCOUNTY LINE N88°27'58"W 989.17' 1/2" RB
X X P/L DIST. 1/2" RB
HENRY COUNTY
X X X 86.47' X X X L22 BEYOND THE SCOPE OF SERVICES CONTRACTED FOR THIS PROJECT. NO
X X X
377.48' X X L25
TREELINE 20' DRAINAGE EASEMENT X X X
C1 3.91 270.00 3.91 S16°00'48"W CLF X X X X P/L ATTEMPT WAS MADE TO TRACE, MARK, OR SURVEY THE LOCATION OF
UNINCORPORATED X
FENCE X 212.67' 99.70'
X X
PER PB 21 PG 87 WOOD X
X 213.45' WOOD FENCE UNDERGROUND UTILITIES. ONLY ABOVE GROUND APPURTENANCES
X 20' SANITARY SEWER
C2 9.13 273.86 9.13 S11°52'19"W P/L P/ X BASED ON OBSERVED EVIDENCE ARE SHOWN HEREON. UNDERGROUND
EASEMENT P.O.B.
R/W
L 14
ELI
13 UTILITIES NOT OBSERVED OR LOCATED MAY EXIST ON THIS SITE, BUT Project Location:
12 10 9 E.N.L. 6 PER PB 21 PG 87
TRE
15 11 5/8" RB NOT BE SHOWN, AND MAY BE FOUND UPON EXCAVATION.
P/L P/L 5 4 2 W/ CAP VERIFICATION OF EXACT UNDERGROUND UTILITY LOCATIONS SHOULD TRIBUTARY PARKWAY
Line Table Line Table 3 1 NE
P/L P/L Land Lot: 42
CLAYTON COUNTY
P/L L BE MADE PRIOR TO ANY CONSTRUCTION ACTIVITIES.

HENRY COUNTY
P/ N/F P/L P/L P/L
SPIVEY RIDGE P/L P/L
Line # Direction Length Line # Direction Length 5. THIS PROPERTY IS LOCATED IN A FLOOD AREA, PER FEMA F.I.R.M. MAP District: 12TH
UNINCORPORATED SUBDIVISION NUMBER 13151C0066D, MAP REVISED OR ISSUED OCTOBER 6TH, 2016 Section: -
L1 S01°07'51"W 27.61 L15 S65°54'32"E 139.95 AND HENRY COUNTY PRESENT AND FUTURE CONDITIONS MAP, PANEL

UNINCORPORATED
PB 21 PG 87 City: STOCKBRIDGE
66 OF 305, ISSUED MAY 2010.
L2 S49°26'06"E 9.12 L16 S69°52'43"E 49.34 COUNTY LINE 7. THIS MAP WAS PREPARED BY LAND ENGINEERING, INC. County: HENRY
REFERENCE NUMBER: 1116-002 State: GEORGIA
L3 S03°46'42"W 22.55 L17 S45°32'44"E 60.35
1601 SOUTH ZACK HINTON PARKWAY, MCDONOUGH, GEORGIA 30253
Drawing Scale:
L4 S70°44'49"E 29.06 L18 S52°11'33"E 108.95 OFFICE: (678) 814-4346 FAX: (678) 814-4348
WWW.LAND.ENGINEERING 0 100' 200'
L5 S76°47'46"E 67.03 L19 S77°56'13"E 48.34 L.L. L.L.
43 42 Graphic Scale in Feet
L6 S55°54'27"E 52.52 L20 S73°06'51"E 48.38
1" = 100'
L7 S25°28'46"E 51.81 L21 S19°53'21"E 75.85
Sheet Title:
L8 S16°25'41"W 50.77 L22 S74°42'20"E 28.14

L9 S73°34'19"E 60.00 L23 N62°56'20"E 31.51

L11 S22°57'51"E 134.18 L24 N85°45'17"E 25.04 LAND MAP
L12 S50°53'47"E 146.52 L25 S00°51'40"E 36.05

L13 S64°05'52"E 75.71
Drawing Number: Total Sheets: Revision:
L14 S77°10'26"E 33.74

1 1 0
C:\Users\brian.douglas\AppData\Local\Temp\AcPublish_7404\1116-002 Land Map to Stamey.dwg, 24x36, brian.douglas, Aug 17, 2022 - 4:32pm
RECOMBINATION PLAT CASE #RC-2022-01

TO: Mayor/Council
Planning Commission

FROM: R. Ryan Anderson, Chief Planner

CC: Brecca Carter, Community Development Director

DATE: August 25, 2022

Subject: RECOMBINATION PLAT CASE #RC-2022-01

I. PURPOSE

Consider a request for combination plat approval for 26.5 +/-total acres in Land Lot 42
of District 12 within the Stockbridge City Limits. Application by Highway 138/Spivey
Road Land Assemblage, LLC, represented by Randy Stamey, the Agent, to assemble
twelve (12) parcels of land that are listed below to form a development site for a mixed-
use residential development.

II. COMPONENT PARCELS

The proposed site would contain the twelve (12) parcels that are listed below. The first
two parcels below are owned by Everything VM, LLC. The remaining ten parcels are
owned by Martin Gonzalez; they are zoned ‘C-2’ (General Commercial); and they are part
of the Pinnacle Pointe @ Spivey Subdivision. (It is important to note that Parcel #012-
02013000 with 2.00 +/- acres at 3020 Highway 138 West, owned by Southern Crescent
Financial Group, would NOT be included within the site).

1. Parcel #012-02013001—Located on the south side of Highway 138 West / Lake
Spivey Parkway, across from Glen Devon Road. Owned by Everything VM, LLC.
Contains 14.01 +/- acres. Zoned ‘RR’ (Rural Residential).
2. Parcel #012-02009051—Located on Spivey Road, south of Tributary Parkway.
Contains 7.40 +/- acres. Zoned ‘SR’ (Suburban Residential).
3. Parcel #012D01001000—Located at 1225 Highway 138 West, west of Tributary
Parkway. Contains 1.444 +/- acres. Zoned ‘C-2’ (General Commercial).
4. Parcel #012D01012000—Located at the southeast corner of Tributary Parkway
and Berkeley Drive. Contains 0.501 +/- acres. Zoned ‘C-2’ (General Commercial).
5. Parcel #012D01004000—Located at 1300 Berkeley Drive, between Tributary
Parkway and Star Creek Drive. Contains 0.475 +/- acres. Zoned ‘C-2’ (General
Commercial).
6. Parcel #012D01005000—Located at the southwest corner of Berkeley Drive and
Star Creek Drive. Contains 0.375 +/- acres. Zoned ‘C-2’ (General Commercial).
RECOMBINATION PLAT CASE #RC-2022-01

7. Parcel #012D01006000—Located at 1660 Starr Circle. Contains 1.018 +/- acres.
Zoned ‘C-2’ (General Commercial).
8. Parcel #012D01007000-- Located at 1600 Starr Circle. Contains 0731 +/- acres.
Zoned ‘C-2’ (General Commercial).
9. Parcel #012D01008000—Located at 1650 Starr Circle. Contains 0.968 +/- acres.
Zoned ‘C-2’ (General Commercial).
10. Parcel #012D01009000—Located at 1700 Starr Circle. Contains 1.21 acres.
Zoned ‘C-2’ (General Commercial).
11. Parcel #012D01010000-- Located at the northwest corner of Berkeley Drive and
Spivey Road. Contains 0.737 +/- acres. Zoned ‘C-2’ (General Commercial).
12. Parcel #012D01011000—Located at the southeast corner of Berkeley Drive and
Starr Circle. Contains 0.799 +/- acres. Zoned ‘C-2’ (General Commercial).

III. BACKGROUND

Proposed Development Mixed-residential project, including 318
apartments and 50 townhomes.
Site Address Includes multiple addresses and parcel
numbers.
Parcel Identification Subject property includes 12 parcels, per
the list above.
Parcel Acreage 26.5 +/- total acres within 12 parcels.
Applicant Highway 138 Spivey Road Land
Assemblage, LLC
Owner Three owners – Everything VM, LLC;
Martin Gonzalez; Martin Bonea
Current County Zoning N/A
Current City Zoning Varies by parcel, per the list above.
County Land Use Designation N/A
City Land Use Designation Low-Density Vertical Mixed-Use
Current Use Vacant land
Surrounding Land Uses • North — Glen Devon Subdivision off
Glen Devon Road (County); vacant
shopping center (Spivey Commons) at
1175 Highway 138 West; vacant land.
• South –Spivey Ridge Subdivision off
Spivey Ridge Circle (County).
• West — Vacant land.
• East— Baileys Estates Subdivision off
Spivey Glen Drive (City), and Spivey
Glen Subdivision off Spivey Glen Drive
(County).
RECOMBINATION PLAT CASE #RC-2022-01

III. FINDINGS OF FACT

• Topographical surveys that were submitted by the applicant show that the property
is traversed, from west to east, by the Reeves Creek Tributary and its associated
floodplain. The property also contains a 25-foot “undisturbed State waters stream
buffer” and a 20-foot sanitary sewer easement in the same area.
• The applicant has also applied for a Rezoning via RZ-2022-04 (from RR, SR, and
C-2 to PUD) and a Recombination via RC-2022-01. The developer would be Tellus
Partners, LLC.

IV. Maps and Illustrations

Subject Property on GIS
RECOMBINATION PLAT CASE #RC-2022-01

Preliminary Plat

The Planning and Zoning Staff recommends APPROVAL of RC-2022-01.
LAND
GLEN
DEVON
RD.
HIGHW
AY 138

TRIBUTARY
CLAYTON COUNTY ENGINEERING
UNINCORPORATED 1601 S Zack Hinton Parkway
PKWY.
BERKELEY DR. McDonough, Georgia 30253

STAR
COUNTY LINE TOTAL COMBINED AREA: T 678.814.4346, F 678.814.4348
www.land.engineering
SITE
CITY OF STOCKBRIDGE

SITE
CIR.
APPROXIMATELY 29.2 ACRES GA LSF #0946

SPIVEY RD.
THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND

APPROXIMATE LAND LOT LINE
DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF
SERVICES, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE
SPIVEY RIDGE CIR. AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND
IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN
AUTHORIZATION BY LAND ENGINEERING, INC. SHALL BE
L=337.59' WITHOUT LIABILITY TO LAND ENGINEERING, INC.
THIS BLOCK RESERVED FOR THE CLERK COPYRIGHT LAND ENGINEERING, INC. 2020
R=2159.83'
OF THE SUPERIOR COURT. VICINITY MAP (N.T.S.) CH=337.25'
S81°48'35"E Professional Seal:
ASPHALT
S76°57'26"E

PRELIMINARY
ABBREVIATIONS 28.27' L=66.63'
P.O.B. R=3913.95'
-C- UNDERGROUND COMMUNICATION LINE N86°56'53"E CH=66.63'
R/W
CLF CHAIN LINK FENCE 100.39' S72°17'36"E
CTP
DB
CRIMP TOP PIPE
DEED BOOK
N/F NOT FOR RECORD
WATERSIDE
DIP
DIST.
E.N.F.
DUCTILE IRON PIPE
DISTURBED
END NOT FOUND
INVESTMENTS LLC
P.I.N.:12043B A015 15.8' (R/W
HIGH
WAY
138
OR CONSTRUCTION
WIDT
E.N.L. END NOT LOCATED DB 9702 PG 424 H VA
-G- UNDERGROUND GAS LINE RIES
P/L 75' FRO S73°41'01"E )
HW HEADWALL
NT SETB
ACK LIN P/L
E 54.30'
L.L. LAND LOT
MON. MONUMENT
TREE
LINE Know what's below.
N/F NOW OR FORMERLY R /W
Callbefore you dig.

S00°52'15"W 370.25'
N.T.S. NOT TO SCALE
OTP OPEN TOP PIPE P/L Dial 811.
TREELINE
PB PLAT BOOK 20' SANITARY SEWER

PG PAGE EASEMENT PER UNRECORDED 40.00'
P.O.B. POINT OF BEGINNING DEED PROVIDED BY CCWSA
5' UTILITY
EASEMENT
Utilities
PROTECTION CENTER
P.O.C. POINT OF COMMENCEMENT P/L

40' VEGETATED BUFFER
DIG SAFELY! 800-282-7411
P.I.N. PARCEL IDENTIFICATION NUMBER
P/L PROPERTY LINE R/W R/W N/F Notes:
RB
R/W
REBAR
RIGHT OF WAY N/F V V V 1 PINNACLE POINTE AT N
TRIBUTARY PARKWAY
V N/F
SBL SETBACK LINE THOMAS A & ANNE L V SPIVEY SUBDIVISION
S.F. SQUARE FEET MCCULLOUGH SOUTHERN CRESCENT P.I.N.:012D01016000
V BLOCK A

GA West Grid
SSMH SANITARY SEWER MANHOLE P.I.N.:12043B A043 APPROXIMATE FINANCIAL GR PB 45 PG 168
-W- UNDERGROUND WATER LINE FLOOD PLAIN LIMITS V
P.I.N.:012-02013000 +/-1.54 ACRES
DB 3929 PG 244 2
DB 14434 PG 91 V
V 3
V V

(60' R/W)
V S89°07'45"E 242.64' 5/8" OTP V

N01°19'44"E 1177.81'
LEGEND V L2 ASPHALT 5' UTILITY
L1
REEVES CREE L3 EASEMENT
V K R/W
IRON PIN FOUND V TRIBUTARY V
UNDISTURBED 25' STATE
V V V P/L
IRON PIN SET (5/8" REBAR)
V L4 V BERKELEY DRIVE
WATERS STREAM BUFFER L5 Project Number: 1116-002
(60' R/W)
CALCULATED POINT V V L6 Drawn By: BJD
R/W
RIGHT OF WAY MONUMENT R/W Date: 8-17-22
V V 1/2" RB 5' UTILITY CITY OF STOCKBRIDGE
C/L OF CREEK IS P/L 5' UTILITY
SANITARY SEWER MANHOLE L=76.80' EASEMENT CITY LIMITS Submittals:

20' SIDE SETBACK LINE
R=330.00' EASEMENT

15' NO ACCESS EASEMENT
HENRY COUNTY

20' SIDE SETBACK LINE
STORM DRAIN MANHOLE L7 C1 V

10' SIDE SETBACK LINE
CH=76.63' UNINCORPORATED No. Date Description
HEADWALL
P/L 1/2" RB
N09°45'38"E 4
ZONING NOTE
R/W
E.N.L.
V V 5
PARCEL 1 P/L 11 BLOCK C CITY OF STOCKBRIDGE
WATER VALVE L8 V
15 L9 +/-1.54 ACRES PARCEL 1
580,180 SF 10
1/2" RB P/L
13.32 ACRES R ZONING: RA - RESIDENTIAL AGRICULTURAL

(R/W WIDTH VARIES)
N/F
C2 V SETBACKS:

SPIVEY ROAD
FRONT YARD: 75 FEET
EVERYTHING VM LLC
SIDE YARD: 20 FEET
L P.I.N.:012-02013001
P/ L11 6 REAR YARD: 40 FEET
ZONING:RA - RESIDENTIAL AGRICULTURAL P/L Revisions:
DB 16608 PG 168
V V PARCEL 2
40' VEGETATED BUFFER No. Date Description
STAR CIRCLE ZONING: R3 - SINGLE FAMILY RESIDENTIAL

S01°06'01"W 743.98'
14 PROPERTY IS ALSO LAND BLOCK D (60' R/W) SETBACKS:
LOT LINE AND COUNTY LINE +/- 5.62 ACRES FRONT YARD: 50 FEET
1/2" RB V SIDE YARD: 10 FEET
L1 L REAR YARD: 40 FEET
1/2" RB 2 P/ 7

15' NO ACCESS EASEMENT
P/L
V V REFERENCE: STOCKBRIDGE CODE OF ORDINANCES,
N/F V CHAPTER 12.02 - ZONING DISTRICTS; AS RETRIEVED
L13
100.18'
V 8 FROM WWW.MUNICODE.COM ON JULY 24, 2020.
SPIVEY COVE P/L Client / Prepared for:

TREELINE
SUBDIVISION 13 V V
FORMER LOT LINE L14 THE SURVEYOR DOES NOT CERTIFY TO ANY
PB 27 PG 176 L15 MATTERS OF ZONING.

20' SANITARY SEWER EASEMENT
(TO BE REMOVED) V
1/2" RB 20 9
P/L V P/L
COMBINED PARCEL 5/8" RB
SE '
WE SAN
R E ITA
AS RY
RANDY STAMEY
899,620 SF PARCEL 2 EM
30' FRONT L16 EN
P/L 20.65 ACRES 319,440 SF
V L1 T GENERAL NOTES:
12 7.33 ACRES SETBACK LINE 7 V
UNDISTURBED 25' STATE 1. THIS DRAWING WAS CREATED ELECTRONICALLY. THIS MEDIA SHOULD
N/F
229.43'
WATERS STREAM BUFFER V NOT BE CONSIDERED A CERTIFIED DOCUMENT UNLESS IT HAS BEEN
P/L EVERYTHING VM LLC RE L1 PROPERLY SEALED AND ORIGINALLY SIGNED BY A REGISTERED LAND
E 8 V APPROXIMATE FLOOD
P.I.N.:012-02009051 V TR VES SURVEYOR OF LAND ENGINEERING, INC. AUTHORITY OF O.C.G.A.
P/L V V IB C PLAIN LIMITS
ZONING:R3 - SINGLE FAMILY RESIDENTIAL UT RE 43-15-22.
AR EK L19
11 DB 16741 PG 289 V Y L20 V 2. THIS MAP IS NOT TO BE USED OR CONSTRUED AS A BOUNDARY
SURVEY. THE PURPOSE OF THIS MAP IS TO SHOW APPROXIMATE LAND
APPROXIMATE FLOOD V
40' REAR SETBACK LINE V ASPHALT AREAS FROM PROPOSED PURCHASE AND A SURVEY WAS NOT Project Name:
P/L PLAIN LIMITS L24
Curve Table V C/L OF CREEK IS P/L PERFORMED ON THE ENTIRETY OF THE LAND SHOWN HEREON. ALL
1/2" RB 30' REAR SETBACK LINE L21 MEASUREMENTS ARE APPROXIMATE.
CITY OF STOCKBRIDGE L23
10 N88°26'20"W 583.49' 1" RB 1/2" RB
P/L E.N.L.
TRIBUTARY PARKWAY
Bearing 1/2" RB V 4. THE LOCATION AND DEPICTION OF UNDERGROUND UTILITIES IS
Curve # Length Radius Chord X X XCOUNTY LINE N88°27'58"W 989.17' 1/2" RB
X X P/L DIST. 1/2" RB
HENRY COUNTY
X X X 86.47' X X X L22 BEYOND THE SCOPE OF SERVICES CONTRACTED FOR THIS PROJECT. NO
X X X
377.48' X X L25
TREELINE 20' DRAINAGE EASEMENT X X X
C1 3.91 270.00 3.91 S16°00'48"W CLF X X X X P/L ATTEMPT WAS MADE TO TRACE, MARK, OR SURVEY THE LOCATION OF
UNINCORPORATED X
FENCE X 212.67' 99.70'
X X
PER PB 21 PG 87 WOOD X
X 213.45' WOOD FENCE UNDERGROUND UTILITIES. ONLY ABOVE GROUND APPURTENANCES
X 20' SANITARY SEWER
C2 9.13 273.86 9.13 S11°52'19"W P/L P/ X BASED ON OBSERVED EVIDENCE ARE SHOWN HEREON. UNDERGROUND
EASEMENT P.O.B.
R/W
L 14
ELI
13 UTILITIES NOT OBSERVED OR LOCATED MAY EXIST ON THIS SITE, BUT Project Location:
12 10 9 E.N.L. 6 PER PB 21 PG 87
TRE
15 11 5/8" RB NOT BE SHOWN, AND MAY BE FOUND UPON EXCAVATION.
P/L P/L 5 4 2 W/ CAP VERIFICATION OF EXACT UNDERGROUND UTILITY LOCATIONS SHOULD TRIBUTARY PARKWAY
Line Table Line Table 3 1 NE
P/L P/L Land Lot: 42
CLAYTON COUNTY
P/L L BE MADE PRIOR TO ANY CONSTRUCTION ACTIVITIES.

HENRY COUNTY
P/ N/F P/L P/L P/L
SPIVEY RIDGE P/L P/L
Line # Direction Length Line # Direction Length 5. THIS PROPERTY IS LOCATED IN A FLOOD AREA, PER FEMA F.I.R.M. MAP District: 12TH
UNINCORPORATED SUBDIVISION NUMBER 13151C0066D, MAP REVISED OR ISSUED OCTOBER 6TH, 2016 Section: -
L1 S01°07'51"W 27.61 L15 S65°54'32"E 139.95 AND HENRY COUNTY PRESENT AND FUTURE CONDITIONS MAP, PANEL

UNINCORPORATED
PB 21 PG 87 City: STOCKBRIDGE
66 OF 305, ISSUED MAY 2010.
L2 S49°26'06"E 9.12 L16 S69°52'43"E 49.34 COUNTY LINE 7. THIS MAP WAS PREPARED BY LAND ENGINEERING, INC. County: HENRY
REFERENCE NUMBER: 1116-002 State: GEORGIA
L3 S03°46'42"W 22.55 L17 S45°32'44"E 60.35
1601 SOUTH ZACK HINTON PARKWAY, MCDONOUGH, GEORGIA 30253
Drawing Scale:
L4 S70°44'49"E 29.06 L18 S52°11'33"E 108.95 OFFICE: (678) 814-4346 FAX: (678) 814-4348
WWW.LAND.ENGINEERING 0 100' 200'
L5 S76°47'46"E 67.03 L19 S77°56'13"E 48.34 L.L. L.L.
43 42 Graphic Scale in Feet
L6 S55°54'27"E 52.52 L20 S73°06'51"E 48.38
1" = 100'
L7 S25°28'46"E 51.81 L21 S19°53'21"E 75.85
Sheet Title:
L8 S16°25'41"W 50.77 L22 S74°42'20"E 28.14

L9 S73°34'19"E 60.00 L23 N62°56'20"E 31.51

L11 S22°57'51"E 134.18 L24 N85°45'17"E 25.04 LAND MAP
L12 S50°53'47"E 146.52 L25 S00°51'40"E 36.05

L13 S64°05'52"E 75.71
Drawing Number: Total Sheets: Revision:
L14 S77°10'26"E 33.74

1 1 0
C:\Users\brian.douglas\AppData\Local\Temp\AcPublish_7404\1116-002 Land Map to Stamey.dwg, 24x36, brian.douglas, Aug 17, 2022 - 4:32pm
