Heath planning commission recommends denying citywide change to allow portable classrooms in one‑acre zoning

The Heath Planning and Zoning Commission voted unanimously to recommend denial of a proposed text amendment that would allow private schools in the SF‑43 zoning district to apply for conditional use permits for temporary portable classrooms.

The measure, filed as ZTA 2025‑01, would have amended Title 15, Chapter 159 of the City of Heath Code of Ordinances (Section 159.21) to add temporary portable classrooms as a conditionally allowed accessory use for private schools in the SF‑43 district. City staff said approving the text amendment would only create the possibility for any qualifying private school on SF‑43 zoned land to later apply for a conditional use permit; each permit application would return to the public process.

Neighbors who live near Fulton Academy’s campus urged the commission to reject the change during a public hearing. Roy Stacy, who said he owns property at 1409 Lawrence that borders the Fulton site, told commissioners he and neighbors oppose placing portables there “because this is really just an interim measure, and we believe the commission needs to have full understanding of what’s going on with that property before action is taken.” Other speakers cited traffic and safety on narrow two‑lane roads, water and wastewater capacity, light and noise impacts, property values, and long‑term uncertainty about the campus operator.

Representatives for Fulton and its advisors told the commission the school currently operates as a private K‑5 school, has an enrollment of about 75 students, and is seeking permission for one portable unit—two classrooms and two bathrooms—intended to be placed behind existing buildings for a limited term while a permanent building is planned. Alan Ross, who identified himself as a consultant for Fulton, said, “Fulton School is and will continue to be a private school.” The applicant described the portable as roughly 1,500–1,600 square feet and said the school had requested a three‑year term for the unit; the applicant also said the long‑range plan is a new permanent building and removal of the temporary unit once the permanent building is completed.

City staff emphasized the legal and procedural limits of the item before the commission. A planner told the commission: “The question before you tonight is, should the city amend the SF‑43 zoning regulations for the entirety of the city to allow for a private school … to obtain a conditional use permit to put a portable building on that site.” Staff and commissioners repeatedly noted that site‑specific details—exact location of a portable, final building footprint, driveway and parking improvements, sewer upgrades and traffic mitigation—would be considered only if the city amends the code and a school later applies for a conditional use permit and site plan.

Several commissioners said the concerns raised by neighbors about Fulton’s property maintenance and traffic made the choice difficult. One commissioner said portable classrooms “don’t fit within the image that Heath wants to present” and warned portables often remain in use beyond their originally approved term. Another urged additional outreach between the school, neighbors and city staff to resolve outstanding questions before the matter reached City Council.

The Planning and Zoning Commission voted to deny the text amendment and directed that the record (the commission’s recommendation) be sent to City Council; staff said the Council hearing is scheduled for May 27 and that approval by Council would require a supermajority vote.

Votes at a glance: The commission’s recommendation on ZTA 2025‑01 was to deny the proposed amendment; the vote was recorded as unanimous by the chair (no individual vote tallies or names were recorded in the transcript).

What happens next: If City Council decides to adopt the zoning text amendment, private schools on SF‑43 property would still need to submit a conditional use permit application and go through another public hearing and staff review for any specific portable classroom request.