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Heath council unanimously denies zoning change to allow portable classrooms for private schools
Summary
The council voted unanimously to deny a text amendment that would have allowed temporary portable classrooms for private schools in SF-43 single-family residential districts. The proposed change would have affected all SF-43 zones and required a conditional-use permit for any portable classroom.
The Heath City Council on May 27 voted unanimously to deny a zoning text amendment (ZTA 202501) that would have amended Chapter 159 of the city code to allow temporary portable classrooms for private schools in SF-43 single-family residential districts.
City planner Sam Gonzales told the council the text amendment would "affect all SF 43 zoning classification" and that the change would add temporary portable classrooms as a conditional use, allowing an applicant to later seek a conditional-use permit (CUP). Gonzales said the Planning and Zoning Commission unanimously recommended denial at its May 6 meeting and noted that approval by council would have required a supermajority (six of seven members).
Neighbors who spoke during the public hearing urged denial, citing traffic, infrastructure and neighborhood-character concerns. Roy Stacy, whose property backs the Fulton Academy site, told the council the school site includes a gymnasium, swimming pool and roughly 300 parking spaces and said he and other residents were not notified in advance about the scope of development. "We were told that this school was going to be a charter school," Stacy said, and later told the council that materials and public statements from the school appeared contradictory.
Tyson Gordon said the intersection and adjacent roads cannot safely handle the heavy drop-off and pickup traffic a 500-student enrollment would bring. Several neighbors also asked whether the site uses city sewer or septic; staff took note of the question and said they would follow up.
Gonzales told the council the applicant had told staff they expected to use the portable classroom for about two years and requested up to three years in the event the school needed additional time to complete permanent construction and permitting.
Several council members expressed concern about setting a precedent that could increase the number of portable buildings in residential neighborhoods. A council member said the city has mechanisms, including site-plan and zoning review, that the school can use to pursue expansion without a text amendment to allow portables.
Action: The mayor moved to deny the zoning change to Chapter 159 that would have allowed portable classrooms for private schools; the motion was seconded by Councilman Horn and passed unanimously by voice vote. The motion on the record: "I will make a motion to deny this zoning change for chapter 5, 1 59, for allowing, portable classrooms for private schools, for the city of Heath." The transcript records a unanimous voice vote; no roll-call tally by name is included.
Staff published 44 mailed notices for the proposed amendment and reported seven notices in opposition before the hearing. Planning and Zoning had forwarded a recommendation of denial (5-0).
