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date: 2003-03-10
title: March 10, 2003 Minutes
source: 2003-03/2003-03-10_March 10, 2003_Minutes.pdf
pages: 1
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March 10, 2003

CITY OF STOCKBRIDGE MINUTES MARCH 10, 2003
HENRY COUNTY, GEORGIA

The Regular Meeting of the Stockbridge City Council was held on March 10, 2003 at 6:00 P. M.
MayorR.G.Kelley presided and members present were Harold Cochran, W. A. Gardner, Fred Evans, and
Fletcher Turner.

Harold Cochran made a motion to approve the minutes of the February 10, 2003 City Council Meeting; and
Fred Evans seconded and passed unanimously.

Mayor Kelley welcomed guests.

NEW BUSINESS

AMENDING THE RM (MULTI-FAMILY) ORDINANCE. Andy Welch, Legal Intern with Smith, Welch and
Brittain, noted that the Council has been provided with a copy of the amended ordinance as well as a bullet
point list check list and memorandum showing the short version of what has been changed. The changes
that have been made are definitional in nature. A few definitions have been added to better explain the
ordinance for example: Façade to mean it means all sides of the structure. There have been some debate
over the meaning of façades and this will clarify this section to make sure there is no further discussion of
this matter. Other definitions such as parking spaces and smaller parks are included within the multi-family
residential districts.

It also clarifies adding sidewalks to both sides of the street within the residential multi-family districts. Multi-
use paths that will be partially for bicycles, pedestrians and golf-carts. This is an amenity that can be added
by the developer. Also, the requirements have been changed on the amenity section.

Another change requires an acreage cap for the RM zoning so the development cannot exceed 30 acres for
an RM zone, the maximum number of acres that can be rezoned RM. This is fine with Planning and Zoning.

Frederick Gardiner advised the Council that the Planning Commission heard this matter on February 27,
2003 and there are some differences in terms of what the Planning Commission recommended versus what
legal counsel may want to address regarding these issues. A. J. Welch gave the presentation to the Planning
Commission. The Planning Commission recommended approval of the Staff Report so in essence they
recommended approval of the changes to the ordinance. Some of these changes may not be agreeable to
what the City wants, the Council can amend those and the report that was given to the Council, and he will
go over those with the Council. Item One – Apartments – they are talking about substituting sidewalks for
multi-use paths, the Planning Staff had some disagreement with that and recommended keeping multi-use
paths as well as sidewalks. An example of a development being done by Hudgins off Highway 20 that actually
has the sidewalks as well as the multi-use path in conjunctions with the sidewalks and it seems to work but
if that is something the City does not want to address they can delete the sidewalks and go with the multi-
use path that is wide enough to address bike, pedestrian as well as other issues. That is one of the provisions
and Mr. Gardiner asked if the Council wants to review the other provisions one at a time in terms of Staff
recommendations.

Another provision under the RM-2 is the acreage, no acreage was given, and a maximum cap of thirty (thirty)
acres is recommended.

Under the RM-1 – Miscellaneous Provisions – Final Plans – Basically the ordinance states that the City’s
designee approve the plans and when the Ordinance was put before the Development Planning and Review
Department that reviews plans, they wanted to see their Department included. The Planning Staff has some
issues with this and they have asked Mr. Welch for clarity. Mr. Welch said that all plans that come into the
City will be reviewed by the Planning and Development Staff and the Planning and Zoning Staff. Mr. Ross,
Henry County Planning and Zoning Department eluded they will still have the authority to review the plans.

Under the RM-2 Townhouses, Planning and Zoning recommends leaving the same provision for the multi-
use path as currently written and if the City wants to make that amendment to keep that provision as currently
written is fine with Planning and Zoning.

On final plans, they had some issues but Mr. Welch cleared that up.

Under condominiums, Planning and Zoning has an issue with having all conditional uses common to single
family district. Basically allowing Churches, Synagogues, etc. in the RM District. Andy Welch interrupted Mr.
Gardiner and stated that Planning and Zoning’s comments have been noted and incorporated into the current
RM Zoning that the Council has in front of them. One is to remove the particular provision that Frederick
Gardiner is referring too; as well as thirty (30) acres maximum recommendation. In regards to the multi-use
paths, the City Council felt that duplicating multi-use paths and also having sidewalks is too much. The multi-
use path could serve as both the sidewalk and a way for bicycles, golf carts, etc to move through the
subdivision as opposed to having the multi-use path plus a sidewalk. The multi-use path is ten (10’) feet wide
and will be divided for golf-carts and pedestrians.
Frederick Gardiner responded that the Ordinance should have a provision about the stripping for different
uses so there want be a conflict between pedestrians and riders. Andy Welch advised Mr. Gardiner that it is
already in the Ordinance. Mayor Kelley pointed out that these issues should be stressed in the new
ordinance.

Fred Evans made a motion to approve the R-3 Zoning Ordinance; W. A. Gardner seconded, and passed
unanimously.

R-3 ZONING ORDINANCE – Frederick Gardiner said the Planning and Zoning Commission has no
objections to the R-3 Ordinance as presented.

Mayor Kelley asked if all the questions Mr. Gardiner asked are covered in the new ordinances. Mr. Welch
responded that all of the issues raised by Planning and Zoning Staff with just a few slight modification of
language have been addressed in the Ordinances being considered. A minor change has been made to the
R-3 Zoning Ordinance to put in criteria to better specify what the façade of the residential structures should
have on them. Basically, masonry siding requirements and a percentage of that is required to be brick or
stone and bans the use of vinyl or metal siding.

Motion was made by Fred Evans to amend the R-3 Zoning Ordinance; Fletcher Turner seconded, and passed
unanimously.

BILLIARD ROOMS AND POOLHALL ORDINANCE: Mayor Kelley asked Mr. Welch if he had the Ordinance
to amend Billiard Rooms and Poolhall Ordinance, Sections 9.20.070 to gross receipts plus regulatory fee (to
be determined by Mayor and Council) and Section 9.20.010 to change seating capacity to require at least
twenty (20) seats for establishments serving food and alcohol.

Harold Cochran made a motion to approve amending the Billiard Room and Poolhall Ordinance; Fred Evans
seconded, and passed unanimously.

CHURCH RESOLUTION – Andy Welch informed the Council that this Resolution will authorize A. J. Welch,
City Attorney to prepare an ordinance based on Federal Law to amend the City and County Zoning
Ordinance. This would allow Churches to locate in districts other than O-I (office and institutional) unless the
City finds that there are health or safety issues that would necessitate the Church not being located there.
This Resolution authorizes the City Attorney to go forward with preparation of an ordinance; which is attached
as Exhibit A to the Resolution. The ordinance will amend C-1, C-2 and C-3 zones of the City’s ordinance to
allow for Churches as conditional uses. Churches will still have to petition the City for approval and the City
would evaluate each request on a case by case basis and determine if a Church is needed at a particular
location.

Harold Cochran made a motion to approve Resolution to authorize A. J. Welch, City Attorney; W.A.Gardner
seconded, and passed unanimously.

STOCKBRIDGE FIRST BAPTIST CHURCH SEWER LINE EASEMENT. Mayor Kelley reminded the Council
that the Church is in the process of building a new Church and they need to change some of the sewer lines
and this easement allows them to relocate sewer lines.

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

GORDON MOORE, AUDITHEAD proposes to audit the various utility companies to determine if the City has
been over charged and assist to obtain refunds. If they determine there is no refund the City pays nothing to
AuditHead.

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

DAVID PLANCHON, OLE’ STOCKBRIDGE DAYS BANNERS. Mr. Planchon is seeking approval from the
City Council of several advertising banners and some directional signs at the Interstate to help direct traffic
from the Interstate to the Festival. They plan to put up two (2) banners: One (1) at the WalMart location; one
(1) at the School property with their permission advertising this is the site of the festival. Then early in the
morning on the day of the event putting up approximately three or four directional signs. The signs will be
removed immediately after the festival.

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

STEVENSON & PALMER ENGINEERING AND HYDROSOURCE ASSOCIATES, INC. OF ATLANTA to
discuss the development of additional wells to supplement the drinking water system and long range study
of water supply, storage and distribution. Tony VanDeRyt with Stevenson & Palmer addressed the Council
regarding the City water system. After several meetings with the City Manager and Water Distribution
Manager, they brought it to the attention of Steveson and Palmer that the City is currently having water
pressure problems within the distribution system. Currently they are being corrected with opening distribution
lines coming from Henry County but the system was not originally designed that way and have asked for
help. They will propose some questions to the Council to get some answers on where the City would like to
go.

Future growth is a main concern and the impact it will have on the City. They have come up with several
options. One is a long range water study for the system. This will help them to understand and implement
the well system and additional storage to help combat these problems. Arcadis is working with the County
in conjunction with the City on a complete wastewater and storm drainage mapping system which is to be
complete at the end of this year. Stevenson and Palmer would like to take their mapping and put in
conjunction with their program. This would help the City diagnosis what the problems are and they want
have to guess and waste money. They have been told that these are going to be implemented by early
summer or early fall. If it’s possible they would like to get the Council’s permission to begin a long range
study for the water distribution. From what they will discover maybe additional storage and an elevated
storage tank on the north end of town will be necessary depending where the growth is expected. It will be
a long term study and they could give us some short term guesses but that will not help the situation.
Another thing is that we are into a five year drought and will have these same problems again this summer
so without the additional storage the City will have a problem getting the water to the customer.

Almost five years ago Stevenson and Palmer started the well study program and we have several existing
wells in the field and the City will have to make decisions what the City wants to do with those wells. They
have been sitting there way too long. The Environmental Protection Division (EPD) has asked the City to
give some decision on what they plan to do or close the wells. Stevenson and Palmer recommends the City
not close the wells. The City needs to start making proposals on purchasing the properties or at least getting
some direction on where the City wants to go so we don’t have to close the wells and lose the options because
once the options are gone the City is back to purchasing water from the County which is almost double what
it is costing to treat and produce water. The cost of purchasing water from Henry County goes up 5% each
year.

Currently the City is producing about 400,000 gallons per day and the usage is around 800,000. With the
wells we have in system and what could be implemented may make the City completely independent from
the County and the City will not have to purchase any water.

Mayor Kelley noted that the City has worked with Steveson and Palmer for approximately twenty-four (24)
years and they have always done a good job for the City. He is very interested in further exploration of the
wells.

Mr. Claude Cormier with HydoSource advised that through the course of their studies over a period of time,
they have identified other sites. They have drilled and developed sites that have the ability to add on another
200,000 to 400,000 per day. If the City could double production without the associated exploration costs
because the sites have already been identified. These wells can be developed relatively economically based
upon what has already been done. For them to be sitting idle this long and having them closed up does not
make any sense. They can be connected to the existing system.

Stevenson and Palmer has had the date to close the well extended to five years. If the City does not pursue
further on acquiring these wells, EPA will fill them and it’s over.

Mayor Kelley recommended giving them the authority to begin the study. The first step is to give the Council
the cost to prepare the study.

Mr. Claude Cromier said in the meantime they can petition EPD to give us more time because the City has
made the decision to move forward and actively pursuing these sites.

Harold Cochran made a motion to approve Stevenson and Palmer to make a study to acquire additional
wells; W. A. Gardner seconded, and passed unanimously.

BIDS FOR GARBAGE TRUCK

Consolidated Disposal System
Freightliner $87,110.00
International Cab & Chassis $95,350.00

Heil
Freightliner $91,195.00
International Cab & Chassis $96,770.00

McNeilus Company
International Cab & Chassis $96,619.39
International Cab & Chassis (in stock)
Mayo Company
Freightliner $93,734.60

Municipal Equipment Company
Freightliner $89,185.00

Mayor Kelley recommended going with McNeilus Company because that is what the City is using at this time
and have had no problems.

Fred Evans made a motion to accept the bid from McNeilus Company; Harold Cochran seconded, and
passed unanimously.

HAVEN HOUSE - FLINT CIRCUIT COUNCIL ON FAMILY VIOLENCE requested funds be appropriated for
services rendered for residents of Stockbridge for 2003.

Harold Cochran made a motion to appropriate $5,000.00 the Haven House; Fred Evans seconded, and
passed unanimously.

PASTOR RANDY DAVIS – BROOKLYN PAVILION, 4340 NORTH HENRY BOULEVARD, requested
permission to operate a Church at this location. Henry County is concerned with them meeting the fire code,
parking and proper access in and out of the building. Mayor Kelley asked Andy Welch if these questions
have been answered. Mr. Welch responded yes.

Frederick Gardiner, Henry County Planning and Zoning, pointed out that the current City Ordinance does not
allow for Churches in commercial districts at this time.

Andy Welch answered that particular issue by stating that Federal Law prohibits the City from preventing a
church from establishing itself even if it’s in a commercial district and in spite of the ordinance the law referred
to as RUPLA and it recently passed in 2000-01 and it pre-empts the City from forcing a church to move. The
only exception to that law is that the City would have to provide supporting evidence that the health and
safety of the citizens would be impinged because of the location of this church. In this particular case, the
Fire Marshall has already said that by adding a door it will allow for adequate ingress and egress from the
building and there are no other fire safety code issues so long as the building meets the building code and
there is no legitimate reason to deny. The church must provide adequate parking for their church members.
They responded that they have thirty (30) members and there is one-hundred and fifty (150) parking spaces.

The J. C. Brinson, Developer, said the plans have been turned into the Building Department and Fire Marshall
and have already approved the plans as submitted for the exception of adding another outside door at the
end of the building.

Mayor Kelley asked Mr. Gardiner if this answered Planning and Zoning concerns. Mr. Gardiner responded
that the County has updated their ordinance that says churches are allowed in commercial districted with a
conditional use but at the time the City has not done that. Mayor Kelley said that the City is obligated to give
the church permission to locate in this building.

Harold Cochran made a motion to approve; Fletcher Turner seconded, and passed unanimously.

PLANNING AND ZONING

Annexation:

ALAN R. NEWBERN, 712 DAVIS ROAD, STOCKBRIDGE, GEORGIA requested initial zoning from R-3
(single-family) unincorporated Henry County to R-3 (single-family) within the City of Stockbridge. The
property is located in Land Lot 71 of the 12th District on the north side of Davis Road. Property contains .50
acres and the request is for annexation in to the City of Stockbridge.

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

PUBLIC HEARING - On the matter of zoning, Mayor Kelley asked if anyone was present who had anything
to say regarding this zoning.

W. A. Gardner made a motion to approve maintaining the zoning classification as R-3; Fletcher Turner
seconded and passed unanimously.

BILL AND MILLY MABROS ANNEXATION – 60/40 PERCENT METHOD. Andy Welch advised the Council
that Bill and Milly Mabros have submitted a 60% annexation application and received by the City Clerk and
now needs to be determined by the Council if it meets the coded provision for 60% annexation. Legal Staff
has reviewed the application and meets the annexation standards. It is contiguous with the City Limits and
is located between the I-675 and I-75 intersection of Highway 138. Mr. & Mrs. Mabros want to annex two
pieces of property. In the process, we will take approximately 1.2 acres of property along Eagle’s Way. It’s
the Steele Family property and they will constitute 40% of the application and this all for the purpose of trying
to shore up the boundaries of the City. The City has grown in different directions and the Council wants to
fill-in the boundaries. This ordinance is to accept the application and determine that it meets the criteria of
the statute. The other thing it does is authorize the City Clerk to issue a letter to provide the County with five
(5) days notice that the City intends to annex pursuant to the 60% method and to also lets them know what
kind of zoning we to propose for that piece of property for all that’s coming in on Bill Mabros’ property and
the property along Eagle’s Way. Of course, the Council will want to retain the current zoning. Mabros
property contains 3.878 acres and Steele contains 1.2 acres.

W. A. Gardner made a motion to adopt a resolution to accept the Application for Annexation and to authorize
the City Clerk to notify Henry County of the annexation and to authorize A. J. Welch, City Attorney to prepare
Application for Annexation; Fred Evans seconded, and passed unanimously.

Variances:

U.S. MEDIA, INC. OF ATLANTA, GA requested a variance for property located in Land Lot 6 of the 12th
District, located at 107 St. Ives Court. The property contains 2.95 acres and the request is to increase
billboard sign height and workable area. Ray Gibbs, Henry County Planning and Zoning Department, stated
that the Planning and Zoning Staff recommends denial of the request. The sign is outside the 1,200’ zone
as stated in the Zoning Ordinance. Actually the 1,200’ is for an interchange, it widens and where the
interchange widens, and from where the interchange widens there is a 500’ zone and then a 1,200’ zone
where you are allowed three billboard signs. However this sign is actually 3,000’ from the actual interchange,
so it’s outside the 1,200’ zone.

Andy Welch explained the ordinance says where the exit ramps meet from that point you measure down the
interstate away from the exit ramps and measure 1,200’ and within those 1,200 feet. Within that 1,200’ you
can place at least three signs but the placement has to be at 500’ placement so it will only leave you two
signs. Mr. Welch stated that there is a 500’ from the interchange and then a 1,200’. This particular sign is
going to be located where Flippen Road goes underneath I-75.

Mr. Gibbs said the sign in question will be a new sign to be erected and therefore is a non-conforming sign
and the old signs are to be raised.

Hans Broder reminded the Council that when he started this process two years ago it was his understanding
that he was in compliance. Now that he is zoned commercial and within the City he felt that the only issue
would be the height of the sign because the tree levels are somewhere near where the Sign Ordinance allows
them to be. They have three signs that are non- conforming. Two are side-by-side that you can’t hardly see
which is on the north side involving 5 acres and then with having three there they are replacing two and put
one on the other side of Flippen Road.

Mayor Kelley asked what is the reasoning for this and Mr. Gibbs responded it’s the ordinance. Mayor Kelley
stated that the City should change the ordinance. Andy Welch stated that the Council could grant a variance
to allow them to put the sign where they would like to put it.

Andy Welch stated that the Council adopted the same ordinance as the County and the Council can change
the ordinance. Frederick Gardiner said the provision in the ordinance came from the State of Georgia
requirements and signs have to be placed in specific zones. Under the old sign ordinance that the City was
operating under this sign would be non-conforming. It is up to the Council to grant a variance realizing that
a variance request will open up each of corridors that is under the City’s jurisdiction regarding billboard signs.

Mayor Kelley recommended table this matter and get legal staff to research the regulations. Councilman
Evans asked if he was correct that there are two existing signs already there in one place. Mr. Gibbs
responded that the signs were there before the law changed. Mr. Gardiner said the reason behind the
ordinance is to prevent too many signs along I-75. The reason the County denied the request is because
these signs would be outside the 1,200’ area.

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

HANS BRODER OF STOCKBRIDGE, GA requested a variance for the property located in Land Lots 5, 6,
11 and 12 of the 6th and 12th districts, located on Flippen Road. The property contains 5.25 acres and the
request is to increase billboard sign height and workable area.

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

HANS BRODER OF STOCKBRIDGE, GA requested a variance for the property located in Land Lots 5, 6,
11 and 12 of the 6th and 12th Districts, located on Flippen Road. The property contains 5.35 acres and the
request is to increase billboard sign height and workable area.

Harold Cochran made a motion to table request; Fred Evans seconded, and passed unanimously.
Rezonings:

NORTHBRIDGE CROSSING – EDDIE WALKER requesting permit for mass-grading at Northbridge
Crossing Development. Mayor Kelley said that this is some dirt that the previous developer put there. Mr.
Walker told Council that the dirt came from the Auto-Nations project.

Frederick Gardiner said the County’s Tree Ordinance that the City adopted will not allow mass-grading of the
site and those are some of the issues that Mike Harris’ Department had with the project. They did not approve
it because Mr. Walker submitted plans to mass-grade the entire site. Mayor Kelley said the site has already
been mass-graded by the previous owner and there are no trees on the site. Mr. Gardiner responded that
there trees over toward I-75. Mr. Walker responded that there are six (6) acres of trees. Mr. Gardiner said
he saw the plans and they plan to mass-grade all the way to the interstate and it goes against the Tree
Ordinance. Mr. Walker said they plan to leave the trees as a buffer zone on the interstate and the creek
areas. Everything else has been graded and there’s not many trees except a few along the creek and the
interstate.

Andy Welch said the City’s Tree Ordinance, Section- Paragraph G allows the City to exempt an individual
from the requirement of that ordinance in terms of mass-grading. You still have to adhere to all soil erosion
and any grading and logging that goes on the site but aside from that, the City can pass a resolution accepting
a person’s plan to mass-grade. The ordinance allows for the City to make that decision.

Mr. Walker explained that his staff met with Michael Harris and the County engineer and they have approved
the plan.

Ted Strickland reiterated Mr. Walker’s statements.

Andy Welch said the Ordinance says that in regards to the removable of trees, the Ordinance is written such
that there has to be a Development Plan. The ordinance does not apply in this particular situation. What
does apply is the requirement that you have to use your best effort to use those trees that have a six inch
diameter at breast height. This is not a requirement but encourages the developer to follow this regulation.

Mr. Walker said that he will be in full compliance with all the regulations of the County pertaining to the creeks
and buffer area.
Mayor Kelley recommended the Council approve the Resolution authorizing the mass-grading subject to
working with Ted Strickland and Henry County.

W. A. Gardner made a motion to approve the Resolution granting the mass-grading subject to Mr. Walker
working with Ted Strickland and Henry County; Harold Cochran seconded, and passed unanimously.

EDDIE WALKER of McDonough, GA requested rezoning from RA (Residential Agricultural) and M-1 (Light
Manufacturing) to C-2 (General Commercial) in Land Lots 57 and 58 of the 12th District, for property located
off Davidson Parkway and Walter Way. The property contains 6.98 acres and the request is for commercial
development.

Kimberly Smith, Henry County Planning and Zoning, advised the Council that Henry County Planning and
Zoning recommended approval of the request from RA and M-1 to C-2.

Harold Cochran made a motion to approve request for rezoning from RA and M-1 to C-2; Fred Evans
seconded, and passed unanimously.

EDDIE WALKER of McDonough, GA requested rezoning from RA (Residential Agricultural), C-3 (Heavy
Commercial) and M-1 (Light Manufacturing) to RM-3 (Condominiums) in Land Lots 57 and 58 of the 12th
District, for property located off Davidson Parkway and Walter Way. The property contains 7.24 acres and
the request is for a residential development.

Kimberly Smith, Henry County Planning and Zoning recommended denial of this request from RA, C-3 and
M-1 to RM-3 townhouses based on the application inconsistent with the future land use map and there are
some other issues stated in the report.

Mayor Kelley said he recommends approval of the development. It’s been back and forth for six months and
the land use plan is in the process of being changed which would change this situation.

Andy Welch informed the Council that this particular project is consistent with the City’s Livable Centers
Initiative (LCI) study that was completed about one year ago. The LCI plan outlines a district and this area
is within that district. The district calls for mixed use, higher density and by allowing commercial to develop
close to these residences, it allows for people to walk to work should they work in that area. Planning and
Zoning has placed conditions on it that we have incorporated within this Zoning Ordinance and those
conditions will further that objective in terms of making sure there are sidewalks along Walter Way and
Davidson Parkway where is abuts Mr. Walker’s or DRA’s property. The Atlanta Regional Commission (ARC)
has stated that they have approved this plan with some conditions and these conditions have been
incorporated in Exhibit C to the rezoning ordinance. Frankly the ARC was somewhat laudatory in its
comments to the City in a recent letter of March 7, 2003 stating that they liked the fact that the plans call for
alley ways and the City is progressive in the sense of having an ordinance that requires the alley ways, that
allow for traffic to get off the main street and encourage people to use the sidewalks and be part of the
neighborhood and not use the cars as much. That seems like a good move for the City.

Mayor Kelley said he totally agrees with this project and it has been reviewed by GERTA, ARC, Planning and
Zoning several times. Mr. Gibbs pointed out that ARC does not actually make approval, they just make
recommendations.

Andy Welch pointed out that the owner should be aware that the rezoning will be conditional upon the
execution of a Development Agreement. The City of Stockbridge has a policy that when a large tract of land
is being developed the City enters into a Development Agreement with the Developer.

Harold Cochran made a motion to approve the rezoning from RA, C-3 and M-1 to RM-3 Condominiums; Fred
Evans seconded and passed unanimously.

EDDIE WALKER of McDonough, GA requested rezoning from RA (Residential Agricultural), C-3 (Heavy
Commercial) and M-1 (Light Manufacturing) to RM-2 (Townhouse) in Land Lots 39, 40, 57 and 58 of the 12th
District, for property located off Davidson Parkway. The property contains 129.64 acres and the request is
for a residential development.

Mayor Kelley said this is part of the previous development the Council discussed. There are some conditions
that needs to be placed on this development that were recommended by Henry County, ARC ad the City.

Andy Welch said these conditions apply as stated in the previous ordinance as well as this one. The only
difference is the language changes from condominium to townhomes. The conditions that Mayor and Council
upon granting this request are as follows:

1. Conditions. The Mayor and Council grant this rezoning request subject to the following conditions.
a. The site plan and development shall adhere to all requirements pertaining to the
RM-2 districts under the RM Ordinance Number 02-54 adopted by the City in 2002
except at provided herein.

b. No apartments will be permitted in this district.

c. Maximum height of the buildings shall be the lesser of forty-five (45’) feet for four
(4) stories.

d. All townhouse buildings shall have a mixture of front façade consisting of covered
entryway, porches, bay windows and balconies. Garages shall be accentuated
with variations of design porticos.

e. Developer shall submit elevations of the building to be approved by the City or its
designee.

f. The entire exterior, including all side of the buildings, shall consist of minimum of
seventy-five percent (75%) brick or stone.

g. Each unit elevation per building shall be separate and distinct from the other so as
to include variations in roof lines which may be accomplished with the use of
dormers, gables and or fireplaces.

h. Each unit shall have a different brick or stone theme as compared to the other units
located within a five unit proximity.

i. Developer shall install street trees along all streets to be placed between the
sidewalk and the front property lines, have a minimum of two and a half inch (21/2”)
caliper (d.b.h.), shall have a minimum twenty-four square foot (24sq. ft.) planting
area and shall be space an average of forty-five feet (45’) apart. The trees selected
shall be canopy trees from the list of trees provided in the Henry County Tree
Ordinance Handbook.

j. Water and sewerage shall be installed at developer’s expense.

k. The building Department shall not issue a building permit until such time as the
Director of the Building Department has verified from the City that the sewer
capacity is sufficient to accommodate the additional sewer that would be generated
by the next phase of the proposed development.

l. A sidewalk shall be installed along both side of that portion of Walter Way which
abuts the owner’s property subject to the rezoning.

m. A streetscape plan shall be submitted for review and approval by the City or its
designee. Such plan shall include sidewalks, street trees, landscaping, street
lighting and street furniture.

n. Restrictive Covenants shall be established to prohibit the use of guest parking
areas for storage of any type.

o. A multi-

p. use trail or walking trail shall be constructed along the perimeter of the
development.

q. This rezoning is contingent upon the Applicant submitting to the City Clerk and City
Attorney an updated legal description and plat, certified by an engineer or surveyor
licensed in the State of Georgia.

r. Also, because this rezoning pertain to the development of a large tract of land, the
City will adhere to its standard policy for such rezoning: this rezoning shall not be
effective until the Property Owner and City execute a Development Agreement
pursuant to this ordinance.

Variances Granted. The Mayor and Council grant the following variances:

a. For all residential lots located along the perimeter of the development, no back
alleyways shall be installed as it will intrude on required buffer areas and interfere
with required multi-use or walking trails.

b. The amenities required under the RM-2 and RM-3 sections of the applicable
ordinance may be consolidated in a single area provided that sufficient parking
facilities are provided and that all residents of the entire development have equal
use of and responsibility for such amenities.

Mr. Welch advised Council that ARC has asked that the use of the alleyways be used but the City is of the
opinion that the perimeter areas do not need the alleyways. Ted Strickland pointed out that there will be
walking trails behind the perimeter area backing up to the interstate. Mayor Kelley pointed out that there is
a parallel road that the Council feels is useless and would interfere with the walking trail.

Kimberly Smith had a questions for clarification on the recommendations where it says shall be approved by
the Planning and Zoning Department and was substituted for the City, does that mean that it’s going to a City
meeting or is it the City Manager. Who would be approving such as number 1.e The Developer shall submit
elevations of the buildings to be approved by the City or its designee.
Mr. Welch responded that it would be for a public meeting. In the past we have worked with Planning and
Zoning to hammer out some of the details such as architecture of the buildings and those kinds of things that
you can really know until the developers put forth that information and they are not required to do so at this
time.

Kimberly Smith had another point of clarification as far as the ordinance that was established this evening,
you have a thirty (30) acre cap based the new ordinance, will that be changed. Mr. Welch said that ordinance
does not take effect until another month and further more, this zoning ordinance the owner applied under the
previous zoning ordinance and this zoning ordinance holds them to that so there is no change for this project.

Mr. Walker stated that they are all right with all of these conditions.

Harold Cochran made a motion to approve rezoning from RA, C-3 and M-1 to RM (Townhouses);
W.A.Gardiner seconded and passed unanimously.

MEMORIAL PARK PAVILION - Ted Strickland reported that he had gotten quotes on a pavilion for
Memorial Park.

RCP Shelter, Inc. 30’X60’ $16,180.00
Not installed

Leisure Lines 30’X60’ $17,965.00
Install w/o shingles 9,975.00
4” concrete pad 7,440.00
Total $35,380.00

Contract Connection* 30’X60’ $14,720.00
Install w/o shingles 5,634.00
6” Concrete Pad 28,328.00
Total $ 1,444.00
* Low bid $29,772.00

Mayor Kelley explained that this pavilion is needed and recommends going with the low bid. Since the City
has music in the park and the pavilions will provide shelter if it rains.
Fred Evans made a motion to approve low bid for $29,772.00; Fletcher Turner seconded, and passed
unanimously.

Harold Cochran made a motion to adjourn; Fred Evans seconded, and passed unanimously. Meeting
adjourned at 7:45 P. M.

Respectfully submitted,

Merle Manders R. G. Kelley
City Clerk Mayor
