08-17-2009 August 17, 2009August 17, 2009
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All
council members were present. Also present were Interim City Administrator Eric Taylor, City
Clerk Susan Hiott, City Attorney Scott Cochran, Public Works Director Scott Stokes, Library
Director Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, Community Development
Director Ken Suddreth, Planners Rusty Martin and Scott Smith, Police Chief Stan Hook,
Community Relations Assistant Tiffany Wallace, Parks and Recreation Director Steve Ciaccio,
Fire Chief Jason Lanyon, Finance Director David Boyd, Personnel Officer Carol Lincoln,
Management Fellow Jered Sigmon and representatives of the press.
Invocation was given by Pastor Rich Landers from Log Cabin Community Church, followed by
the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated the privilege license request for Dew's Sports Grill will be withdrawn
MAYOR' S REPORT:
(A) Proclamation in Recognition of National Payroll Week
Council Member Anulewicz recognized Ms. Darlene Moses, and read the Proclamation to those
present. Ms. Moses thanked the present officials for their support.
Mayor Bacon recognized Ms. Angelica Gonzalez, residing at 1217 Concord Road, who wished to
comment regarding the proposed amendment to Sections 6-2 and 6-118 of the Alcoholic
Beverage Ordinance. Ms. Gonzalez stated there is not enough parking in the area of her
residence to support a business as contemplated by the proposed revision. Ms. Gonzalez asked
the present officials to oppose the amendment.
Mayor Bacon recognized Mr. Mario Page, residing at 1221 Concord Road, who expressed
opposition to an establishment selling alcoholic beverages in the area of his residence. Mr. Page
expressed the view there is not enough parking in the area of his residence for an establishment of
this type.
Council Member McNabb provided details to those present concerning the recent defacing of a
sign near Congressman David Scott's office, and condemned this action in the strongest terms.
Council Member McNabb stated all of the City's offtcials are deeply disturbed by this incident.
Council Member McNabb stated he personally visited Congressman Scott's office in Smyrna to
assure everyone there that such an act is not representative of Smyrna residents. Council Member
McNabb expressed concern at the fact that the extremist symbol painted on the sign is still visible
to students and other associated persons at Brown Elementary School. Council Member McNabb
stated repeated requests by the City police to have the sign covered or removed have not been
honored. Council Member McNabb expressed the view that this offensive symbol has been seen
in the City for long enough, and called upon Congressman Scott's office to resolve this problem.
Council Member McNabb reiterated his deep concern that the sign can be seen by elementary
school students, and invited citizens who share his concern to contact Congressman Scott's office
to ask for remedy to this continuing problem. Council Member McNabb stated that, inasmuch as
he has been advised by Congressman Scott's office that there is a Federal investigation in
August 17, 2009 2
progress into this matter, he does not understand why the sign has not been removed from its
original location and placed in store to preserve its evidentiary properties. Council Member
McNabb stated the sign should be removed from sight, and asked that the as yet unidentified
Federal agency or agencies involved remove the sign from view until such time as their
investigation is completed.
Council Member Lnenicka stated he understands why the residents of the City have been upset by
the defacing of the sign discussed by Council Member McNabb and that Smyrna is not a
community where such behavior is tolerated. Council Member Lnenicka stated this personal
attack on Congressman Scott is unwarranted and is hurtful not only to him but to the entire
community. Council Member Lnenicka stated he visited Congressman's Scott's office today
and was advised that they were not allowed to take any action to remove the offending sign from
view by unspecified authorities in Washington. Council Member Lnenicka stated he asked if the
office has submitted a written request to the appropriate authority to have the sign removed from
view, but did not receive a clear answer. Council Member Lnenicka stated it appears that no such
request has been made, and that many people are wondering if there is another purpose for
allowing the sign to remain in view other than the stated evidential requirement. Council
Member Lnenicka stated this act of vandalism, the objectionable symbol itself, and the personal
attack against a member of Congress it represents, are all deeply offensive to this community and
it is time for the sign to be removed from view in the City. Council Member Lnenicka again
requested Congressman Scott's office to take necessary steps to affect removal of the sign and, if
deemed necessary, offered City assistance with removal of the sign and proper storage of it as
evidence. Council Member Lnenicka stated he believes it is important to make the City's
position clear and to demonstrate that no effort has been spared by the City to assist with
resolving this matter. Council Member Lnenicka stated Smyrna should not be associated with
such a despicable act, and the time has come to take action necessary to move beyond this
unfortunate episode.
Mayor Bacon stated some questions regarding jurisdiction in this matter are as yet unresolved.
LAND ISSUES/ZONINGS/ANNEXATIONS:
(A) Public Hearing -Rezoning Request Z09-004 - GC to R-15 -Land Lots 346 and 375 -
0.45 acre tract - 2491 Ventura Place -David M. Owens
Mr. Suddreth advised the applicant is not present.
Mr. Taylor stated the applicant has requested rezoning of the subject property for residential use.
Mr. Taylor stated the Planning and Zoning Board (PZB) recommends denial of the request,
as does the community development staff.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Mr. Suddreth provided additional information to those present concerning this rezoning request.
Council Member Smith stated the subject property is in the middle of a commercial district, and
is not suitable for residential use.
August 17, 2009
3
MOTION: Council Member Smith made a motion to deny Rezoning Request Z09-004 from GC
to R-15 in Land Lots 346 and 375 fora 0.45 acre tract at 2491 Ventura Place for David M.
Owens. The motion was seconded by Council Member Wood. Motion to deny the request was
approved 7 - 0.
(B) Public Hearing -Special Land Use Permit Request Z09-005 -Operation of a one-chair
salon in asingle-family residence -Land Lot 452 - 0.28 acre tract - 960 Dell Avenue -
Barbara Canfield
Mr. Taylor stated the applicant has requested a special land use permit to use an existing single-
family house as a hair styling salon. Mr. Taylor stated the PZB and staff support the request
subject to a number of conditions.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Mr. Suddreth provided additional information to those present concerning this request.
Council Member McNabb recognized Mrs. Canfield, and provided details to those present
concerning her business background. Mrs. Canfield stated utilization of her residence for her
hair styling business would result in more convenience for herself and her customers, many of
whom have limited mobility. Council Member McNabb asked Mrs. Canfield if the conditions of
approval of the special land use permit are acceptable, and Mrs. Canfield answered in the
affirmative.
~""' MOTION: Council member McNabb made a motion to approve Special Land Use Permit
Request Z09-005 for operation of a one-chair salon in asingle-family residence in Land Lot 452
in a 0.28 acre tract at 960 Dell Avenue for Barbara Canfield subject to the following conditions:
No outside evidence of the proposed use shall be permitted. Prohibited items shall
include, but not be limited to, additional parking spaces, signage and lighting. No one
other than Ms. Canfield shall be permitted to operate from the proposed location.
The subject property shall continue as a residential property and any future renovations
or improvements must be residential in character.
The applicant shall obtain a business license from the City of Smyrna and display such
license in a conspicuous location.
4. Approval of the Special Land Use Permit shall apply to the applicant and not the
location. If the applicant fails to continue to utilize 960 Dell Avenue as a residence, the
Special Land Use Permit shall be void.
The motion was seconded by Council Member Lnenicka. Motion was approved 7 - 0.
(C) Public Hearing -Zoning Amendment Request Z09-006 -Approval of several zoning
amendments to amend zoning for property that was previously rezoned and to amend the
previously approved site plan for the subject property -Land Lots 620 and 677 - 8.55
acre tract -Southwest corner of East/West Connector and South Cobb Drive -Columbia
Properties, Inc.
Mr. Taylor stated the requested amendment would allow the applicant to reconfigure the
August 17, 2009 4
development and amend the site plan. Mr. Taylor stated staff recommends approval subject to
conditions.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Mr. Suddreth provided additional information to those present concerning this request.
Council Member Lnenicka recognized Mr. Garvis Sams, an attorney representing the applicant,
and Mr. Andy Campbell from Columbia Properties, Inc. (CP). Mr. Sams provided additional
information to those present concerning this zoning amendment request. Mr. Sams expressed
appreciation to Council Member Lnenicka, Commissioner Bob Ott and representatives of
Westchester Commons for their cooperation in the revision of this plan. Council Member
Lnenicka asked Mr. Sams if CP accepts the conditions of approval as presented by staff, and Mr.
Sams answered in the affirmative.
MOTION: Council Member Lnenicka made a motion to approve Zoning Amendment Request
Z09-006 for several zoning amendments for property that was previously rezoned and to amend
the previously approved site plan for the subject property in Land Lots 620 and 677 for an 8.55
acre tract at the southwest corner of East/West Connector and South Cobb Drive for Columbia
Properties, Inc. subject to the 22 revised stipulations as presented by staff. (Clerk's note: The
referenced stipulations are appended hereto as Exhibit "A") The motion was seconded by
Council Member Wood. Motion was approved 6 - 0, with Council Member Smith abstaining.
(D) Public Hearing -Zoning Amendment Request Z09-007 -Changes to previously approved
building orientation and building elevations - 3.45 acre tract -Land Lots 482 and 527 -
Southwest corner of Kings Springs Road and Hayes Drive -Ashton Woods Homes
Mr. Taylor stated the applicant is requesting changes to previously approved building orientation
and building elevations which require a zoning amendment. Mr. Taylor stated staff recommends
approval of the request subject to conditions.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to at least two people by Mr. Cochran.
Mr. Suddreth provided additional information to those present concerning this request.
Council Member McNabb recognized Mr. Garvis Sams, an attorney representing the applicant,
and Mr. Greg Huff from Ashton Woods Homes (AWH). Mr. Sams provided additional
information to those present concerning this zoning amendment request. Mr. Sams stated AWH
is agreeable to stipulations of the zoning amendment as formulated by staff and as set forth in his
letter dated August 6, 2009.
Mayor Bacon recognized Mrs. Jean Martin, residing at 3435 Lee Street, and Mrs. Martin stated
there are no other houses on King Springs which face inward, and that placing the proposed
structures with the rear side facing the street will be unattractive. Mrs. Martin stated the proposed
structures will be priced significantly lower and will have less square footage than those called
for under the last zoning, and that these factors will negatively affect the values of existing houses
nearby.
August 17, 2009
Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr. Martin stated
he does not know how a developer can acquire property and change the plans for it without
consulting the surrounding residents. Mr. Martin stated houses near the subject location were
sold at a much higher price than what is proposed for the new structures.
Council Member McNabb asked Mr. Sams if AWH could alter the plans for the subject property
so that the new structures will face the street. Mr. Sams administered the oath to Mr. Huff. Mr.
Huff stated the infrastructure of the subject area works best for orienting the proposed structures
to face King Springs Court. Council Member McNabb asked Mr. Huff why the square footage of
the proposed structures should be reduced, and Mr. Huff stated demographic studies were
consulted in arriving at this decision.
MOTION: Council Member McNabb made a motion to table Zoning Amendment Request 209-
007 for changes to previously approved building orientation and building elevations fora 3.45
acre tract in Land Lots 482 and 527 at the southwest corner of Kings Springs Road and Hayes
Drive for Ashton Woods Homes until the September 8, 2009 meeting. The motion was seconded
by Council Member Newcomb. Motion to table was approved 7 - 0.
(E) Public Hearing -Approval of a text amendment to Section 712 of the Zoning Ordinance
as it relates to billiard and pool halls as permitted uses in the General Commercial zoning
district -City of Smyrna
Mr. Taylor stated staff has determined that billiard and pool halls are missing from the list of
permitted uses for GC zoned property. Mr. Taylor stated this measure would add billiard and
""""'"" pool halls to the list of permitted uses, and that PZB and staff supports approval.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Mr. Suddreth provided additional information concerning the proposed code amendment.
MOTION: Council Member Newcomb made a motion to approve a text amendment to Section
712 of the Zoning Ordinance as it relates to billiard and pool halls as permitted uses in the
General Commercial zoning district. The motion was seconded by Council Member Pritchett.
Motion was approved 7 - 0.
(F) Public Hearing -Approval of a text amendment to Article XVII of the Zoning Ordinance
as it relates to establishing a procedure to appeal administrative decisions -City of
Smyrna
Mr. Taylor stated the proposed amendment would create a process to appeal a decision of an
administrative official on a zoning code matter. Mr. Taylor stated PZB and staff support approval
of the amendment.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Mr. Suddreth provided additional information concerning the proposed code amendment.
August 17, 2009 6
MOTION: Council Member Newcomb made a motion to approve a text amendment to Article
XVII of the Zoning Ordinance as it relates to establishing a procedure to appeal administrative
decisions. The motion was seconded by Council Member Pritchett. Motion was approved 7 - 0.
PRIVILEGE LICENSE:
(A) Public Hearing -privilege license request-retail pouring of beer, wine, and liquor- Dew's -
2318 South Cobb Drive -Christopher Weldon applicant
Mayor Bacon asked if there is anyone present in connection with this matter, and there was no
response.
Mayor Bacon stated the application has been withdrawn.
FORMAL BUSINESS:
(A) Approval of abandonment of city right of way at the intersection of Vinings North Trail
and Mohawk Place and authorize the conveyance of such property to adjoining property
owners
Mr. Taylor stated the City has right of way (ROW) at the intersection of Vinings North Trail and
Mohawk Place earmarked for abandonment to adjoining property owners. Mr. Taylor stated the
ROW is not suitable for roadway use and abandonment is believed to be in the City's best
interests. Mr. Taylor stated staff recommends approval of the proposed abandonment.
Council Member Lnenicka stated the City will retain easements on the subject property for
drainage and access.
MOTION: Council Member Lnenicka made a motion to approve abandonment of city right of
way at the intersection of Vinings North Trail and Mohawk Place and authorize the conveyance
of such property to adjoining property owners with easements recommended by staff. The
motion was seconded by Council Member Wood. Motion was approved 7 - 0.
(B) Approval of an amendment to Sections 6-2 and 6-118 of the Alcoholic Beverage
Ordinance regarding mixed use developments and the issuance of alcoholic beverage
licenses -City of Smyrna
Mr. Taylor stated a review of the ordinance has disclosed that the minimum distance
requirements between certain uses and commercial establishments which sell alcoholic beverages
within amixed-use district should be waived. Mr. Taylor stated PZB and staff support approval
of the amendment.
Mr. Suddreth provided additional information concerning the proposed code amendment.
MOTION: Council Member Newcomb made a motion to approve a text amendment to Sections
6-2 and 6-1 I8 of the Alcoholic Beverage Ordinance regarding mixed use developments and the
issuance of alcoholic beverage licenses. The motion was seconded by Council Member Pritchett.
Motion was approved 7 - 0.
August 17, 2009
(C) Increase in Sanitation-Only Account Deposit
7
Mr. Taylor stated there are a number of properties in the City which do not use the municipal
water and sewer service. Mr. Taylor stated staff has recommended that the deposit on sanitation-
only accounts be raised to $50.
MOTION: Council Member Wood made a motion to approve increase in the sanitation-only
account deposit to $50 for new accounts. The motion was seconded by Council Member Smith.
Council Member Newcomb stated this measure is necessary to make sure that sufficient deposits
are in place to cover expenses in cases where residents depart without settling their accounts.
Motion was approved 7 - 0.
(D) Approval of Vision Rehabilitation Services (Formerly Blind and Low Vision Services)
SK Run
Mr. Taylor provided details to those present concerning the Vision Rehabilitation Services (VRS)
SK Run planned for October 31, 2009. Mr. Taylor stated the race will include closure of certain
streets.
Council Member Wood provided details to those present concerning VRS. Council Member
Wood recognized Mr. Joe Bland, who provided additional information concerning the planned
5 kilometer foot race and walk for the benefit of VRS.
MOTION: Council Member Wood made a motion to approve the Vision Rehabilitation Services
SK Run and Walk and closure of streets comprising the course on October 31, 2009. Motion was
approved 7 - 0.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of August 3, 2009 minutes
(B) Approve budget amendment to move $14,535.71 from General Fund Contingency to Fire
Department Administration general supplies line item
(C) Declare as surplus certain vehicles and equipment no longer needed for use by the City of
Smyrna and to authorize the sale of these surplus items by the Purchasing Department
(D) Ratification of approval for use of council chambers for a meeting of the Williams Park
Homeowners Association on Tuesday, August 4, 2009 7:00 p.m. - 9:00 p.m.
(E) Appointment of Eric Taylor as interim city administrator
MOTION: Council Member McNabb made a motion to approve the consent agenda. Motion
was approved 7 - 0.
August 17, 2009
COMMITTEE REPORTS:
Council Member Wood recognized Mr. Boyd, who provided details to those present concerning
an accounting position open in the Finance Department.
Council Member Lnenicka provided details to those present concerning the recent dedication of
Legion Field and Jim Hawkins Field.
Council Member Lnenicka stated that on September 1, 2009 there will be a public meeting at
Brawner Hall regarding planned changes on Atlanta Road.
Council Member Lnenicka stated Chief Lanyon has no report.
Council. Member Smith recognized Ms. Wallace, who provided information to those present
concerning upcoming City events.
Council Member Smith recognized Mr. Seigler, and Mr. Seigler provided details to those present
concerning use statistics for the City Library and upcoming programs.
Council Member Smith recognized Mr. Ciaccio, who had no report.
Council Member Lnenicka recognized Chief Hook, who provided details to those present
concerning recent City police operations.
Council Member McNabb recognized Mr. Stokes, who provided information concerning current
infrastructure projects in the City.
Council Member McNabb recognized Ms. Kirk, who provided details to those present regarding
the Fresh Market, new fees at the Recycling Center, an upcoming shredding event, the Work
Glove Luncheon and graffiti countermeasures.
Council Member McNabb commented on the need for rational discourse as a means of problem
resolution.
Council Member Anulewicz recognized Ms. Lincoln, who had no report.
Council Member Anulewicz provided details to those present concerning recent prompt removal
of graffiti by the City.
Council Member Newcomb recognized Mr. Suddreth, who provided details to those present
concerning recent building statistics.
Council Member Pritchett recognized Ms. Hiott, who provided details to those present
concerning recent court services operations.
CITIZENS INPUT:
There was none.
August 17, 2009
ADJOURNMENT:
With no further business, the meeting was adjourned at 9:55 p.m.
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A. MAX BACON, MAYOR USA D. HIOTT, CITY CL RK
ERI ANULEWICZ W RD 3
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RON NEWCOMB, WARD 2
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MICH L McNABB, WA 4
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WADE S. LNENICKA, WARD 6
CHARLES PETE WOOD, WARD 7
A~ust 17, 2009
Z09-006 Exhibit "A"
(I) The composition of the commercial buildings in the development shall include
a mixture of elements including; but not limited to: brick, stone and stucco. No
elevation shall be comprised of 100 percent hardy plank siding.
(2) The retention/detention pond shall be placed and screened appropriately to
be unobtrusive to homes inside and outside the development. The storm
water detention plan shall be designed to create at least a ten percent
reduction in a 2-year to 100-year storm event. The city engineer shall
approve all plans.
(3) All utilities within the development shall be underground.
(4) The developer shall be responsible for any traffic improvements (including
additional right-of--way dedications) deemed necessary by either the city or
the county during construction plan review. Sidewalks shall be provided by
the developer inside the development and outside the development adjacent
to any public right-of--way consistent with city's requirements for the extent of
the development. A grass buffer with a minimum width of two inches shall be
provided between the back of curb and sidewalk.
(5) A strip of brick pavers or stamped concrete shall be installed on the street at
the subdivision entrance for a minimum distance of 30 feet.
(6) No debris may be buried on any lot or common area.
(7) The developer will install decorative streetlights equivalent to Georgia Power
"Sternberg" style posts used in downtown Smyrna within the development,
subject to approval by the city engineer. Utilization of low intensity,
environmental type lighting, the illumination of which shall be confined within
the perimeter of the subject property through the use of "full-cutoff lighting".
(8) The developer will. comply with the City's current tree ordinance. All required
tree protection measures shall be adhered to by the developer during
construction.
(9) All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect. There shall be a landscaped front entrance,
adjacent to the monument sign on East West Connector, indicating the name
of the development.
(10) All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
(11) The parking lot shall provide both landscape islands at the terminus of each
row and one landscape island every 10th parking space (except as identified
on the zoning plan). Each landscape island shall provide a tree with a
minimum caliper of 4".
(12) Parking lots in the fronts of buildings shall have landscaped medians between
lines of parking spaces on alternate lines (approximately every 90 to 100
feet).
(13) Outside temporary sales and displays will only be located on the sidewalk in
front of the store that is adjacent to the building.
(14) In addition to the formal review by the City's Arborist and Landscape
Architect, a Landscape Oversight Committee shall review all landscape
plans. The Landscape Oversight Committee shall consist of a representative
of Columbia Properties, Inc. and a representative from Westchester
Commons Homeowners Association. A representative from the Community
Development Department shall be an ex-officio member of the Landscape
Oversight Committee and shall be the final arbiter with respect to the
10
Ausust 17, 2009
resolution of any issues which cannot be otherwise resolved.
(15) Signage for the proposed retail buildings A, B, C & D and Outlot #1 and #2
shall be ground based, monument style with finished materials being in
substantial conformity to the sign elevation submitted for Zoning Case 208-
009 on December 23, 2008. Signage shall consist of one (1) 150 square foot
sign located adjacent to the position of the current sign on South Cobb Drive
and one (1) 150 square foot located adjacent to the entrance sign drive on
East/West Connector. Outlots #3, #4 & #5 may have independent monument
signs which shall consist of one (1) 32 square foot monument sign for each
parcel.
(16) Wall signage for the development, including all retail buildings/outlots, shall
be governed by the City's Sign Code currently in place for Planned Shopping
Centers.
(17) The following uses shall not be permitted on the subject parcel:
• Adult Entertainment Establishments and Adult Novelty Store
• Art Shows, Carnival Rides and Special Events of Community Interest
• Automobile Leasing
• Automobile Parts -wholesale
• Automobile Sales
• Automobile Major Repair
Automobile major repair is defined as an establishment
wherein engines, transmission, drive shafts, bodies fenders
are dismantled, repaired, replaced or painted.
• Billiard Parlor (Shall not preclude arestaurant/brew pub from having
~* billiard tables. However, the billiard tables shall not exceed 35% of the
gross floor area of the establishment)
• Boarding and Breeding Kennels
• Boat Sales and Repairs
• Bowling alley
• Drive-in restaurants such as Sonic. However, drive-thru restaurants
such as Chick-fil-a, Zaxby's, etc., shall be allowed provided that they
are consistent with the architectural style and composition as
aforementioned.
• Drive-in Theater
• Farm Equipment Sales and Service - Outparcel only
• Game Arcade
• Gun Shop
• House of Worship
• Linen and Diaper Services (Plant only)
• Massage Parlor (This requirement shall not prohibit the operation of
Health Spas)
Health Spa is defined as an establishment which provides as
one (1) of its primary purposes, services or facilities which are
purported to assist patrons improve their physical condition or
appearance through change in weight, weight control,
treatment, dieting, or exercise. Treatment shall include, but not
limited to, personal services such as body wraps, hydromineral
wraps, body polish, body wash, baths and hydrotub
soak. Massages may be an accessory service provided by the
health spa.
• Mobile Home and Travel Trailer Sales
11
August 17, 2009
• Motorcycle Sales and Service
• Pawnshops and Check Cashing Establishments
• Printing Plant
• Skating Rink
• Stations and Terminals for Bus and Rail Passenger Service
• Target Range
• Tattoo and Body Piercing Parlors
• Taxi Stands
• Theaters
• Wholesale Establishments which sell only to businesses and not to
customers
(18) The following uses shall be permitted as Conditional Use by the Mayor and
Council. Conditional Use is defined as a use which is not automatically
permitted outright, but which may be permitted within an appropriately
designated zoning district to meet specific conditions provided in this
stipulation.
a. These conditional uses shall include:
i. Automobile Wash Service
ii. Dry Cleaning Plants
iii. Service Stations
iv. Automobile Minor Repairs
• Automobile minor repairs shall be defined as an establishment
wherein tires, carburetors, ignitions, oil changes and other
minor accessory parts are as necessary for normal upkeep of
any automobile are repaired, replaced or serviced including;
lubrication, tune-up centers and emission testing stations.
Minor automobile repair does not include dismantling,
repairing or painting of engines, transmissions, drive shaft,
axles, bodies and fenders.
b. A conditional use shall not be granted by the Mayor and Council unless
and until:
i. A written application for a conditional use is submitted indicating
which conditional use is sought and stating the grounds on which it
is requested.
ii. Notice given in the same manner as provided for public hearings in
Section 1504 of the Zoning Ordinance.
iii. The public hearing shall be held. Any party may appear in person,
or by agent or attorney.
iv. The Mayor and Council shall review and make a finding on the
conditional use, and the granting of the conditional use will not
adversely affect public interest with respect to the following:
1. Ingress and egress to the property and the proposed structures
thereon with particular reference to automotive and pedestrian
safety and convenience, traffic flow and control, and access in
case of fire and catastrophe;
2. Off-street parking and loading areas where required, with
particular attention to items in (1) above and the economic, noise,
glare, or odorous effects of the conditional use on adjoining
properties and properties generally in the district;
3. Refuse and service areas, with particular reference to the items in
(1) and (2) above;
12
August 17, 2009
4. Utilities, with reference to locations, availability, and compatibility;
5. Screening and buffering with reference to type, dimensions, and
character;
6. Signs, if any, and proposed exterior lighting with reference to
glare, traffic safety, economic effect, and compatibility and
harmony with properties in the district;
7. Required yards and other open space; and
8. General compatibility with adjacent properties and other properties
in the district.
c. In granting any conditional use, the Mayor and Council may prescribe
appropriate conditions, stipulations and safeguards in conformity with the
Zoning Ordinance.
d. Violations of such conditions, stipulations and safeguards, when made
part of the terms under which the conditional use is granted, shall be
deemed a violation of the Zoning Ordinance and punishable under
Section 1307 of the Zoning Ordinance.
(19) The approval of the zoning amendments to the subject property shall be in
substantial conformity to the site plan submitted on July 13, 2009. If Cobb
Department of Transportation should approve additional access points or
require modifications to existing access points during Plan Review which
require minor site plan revisions; any such changes shall be subject to the
review and approval of the Director of the Community Development
Department.
(20) The architectural style, composition and treatment of the buildings, including
the buildings ultimately constructed on the commercial out parcels, shall be in
substantial conformity to the rendering/elevation submitted on July 13, 2009.
However, should minor modifications be required during the Plan Review
process, said modifications shall be subject to the review and approval of the
Director of the Community Development Department.
(21) The roofs for the buildings situated on Outlots #1, #2, #3, #4 and #5, as
shown on the site plan, shall incorporate sloped or pitched roof architectural
features.
(22) The additional stipulations agreed upon by the applicant in the letter
submitted and dated on February 10, 2009 by the applicant with the omission
of the stipulation # 10 as described in the letter. If there should be a
discrepancy between the stipulations in the February 10, 2009 letter and the
stipulations stated above, the stipulations stated above shall apply.
13
ORDINANCE No. 2009 - 10
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 6, ALCOHOLIC
BEVERAGES, SEC. 6-2, DEFINITIONS, AND SEC. 6-118, DISTANCE
FROM CERTAIN LOCATIONS, CITY OF SMYRNA, GEORGIA, BE
AMENDED TO ALLOW PROPERTIES WITH A MIXED USE ZONING
TO BE EXEMPT FROM CERTAIN DISTANCE REQUIREMENTS. BE
IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That Sections 6-2 and 6-118, City of Smyrna, Georgia, be amended to
read as follows:
Section 6-2. Definitions.
Smyrna Central Downtown means that area described as the Downtown Design District
in the Urban Design Standards of the city adopted August 18, 2008, by the mayor and
council and may be amended from time to time.
Section 6-118. Distance from certain locations.
(b) A suitable distance shall be as follows:
""~ (6) Within the area defined as Smyrna Central Downtown or within property zoned to a
mixed use zoning category, a license for the pouring of distilled spirits or for pouring
wine and malt beverages, it shall be 100 feet from a school, and 100 feet from a church,
and no distance requirement from a residence, park, public building or library.
(7) Within the area defined as Smyrna Central Downtown or within property zoned to a
mixed use zoning category, a license for package wine and malt beverages, a suitable
distance shall be 300 feet from a church, and no distance requirement from a residence,
park, public building, or library.
(c) The measurement of suitable distance, unless otherwise specified in this chapter,
shall be defined as:
(2) Except as otherwise specified herein, the measurement of suitable distance within
the Smyrna Central Downtown or within property zoned to a mixed-use zoning category
shall be defined as the measure in lineal feet from the center of the front door of customer
entry of the proposed license premises to the front door of the church, school, public
building, library and/or residence, and the nearest property line of a park. Such travel
shall not be measured as a straight line from front door to front door and is required to
follow a line running along the nearest sidewalk or street route.
ORDINANCE No. 2009-10
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
Approved by Mayor and Council this 17th day of August, 2009.
A. Max Bacon, Mayor
Attest:
S san D. Hiott, City Clerk
City of Smyrna
Approved as to form:
cott A. Coc an, Cit
2
ORDINANCE No. 2009-11
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, CITY OF
SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION BY
ADDITION OF ARTICLE XVII, APPEAL OFADMINISTRATIVE
DECISIONS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF SMYRNA, GEORGIA:
That Appendix A, Zoning, City of Smyrna, Georgia, be amended by
addition of Article XVII to read as follows:
ARTICLE XVII. APPEALS OF ADMINISTRATIVE DECISIONS
Sec. 1700. Intent.
It is the intention of this chapter that all questions arising in connection with the administration,
interpretation, and enforcement of this Zoning Ordinance shall be presented first to the Director of
Community Development, and that such questions shall be presented to the License and Variance Board
only on appeal from decision of an administrative official.
Sec. 1701. Who may appeal.
Any person who alleges there is an error in, or who is aggrieved by a decision of the Community
Development Director, Building Inspector, City Engineer, or other administrative official in the
administration, interpretation, or enforcement of this Zoning Ordinance, may file an appeal with the
License and Variance Board, stating the grounds for such appeal. Appeals of administrative decisions
may also be filed for consideration by the License and Variance Board by any officer, department, or
board or commission of the City of Smyrna, affected by any such administrative decision. Said appeal
application shall be filed within thirty (30) days of the date of decision of the administrative official.
Sec. 1702. Procedures.
Any appeal received and all papers constituting the record upon which the action appealed from was
taken shall forthwith be transmitted by the Community Development Director to the License and
Variance Board. Such appeal shall follow the procedures and notification requirements established under
Section 1400 of the Zoning Ordinance.
Sec. 1703. Stay of proceedings.
The filing of an appeal stays all legal proceedings in furtherance of the action appealed from, unless the
Community Development Director certifies to the License and Variance Board after the notice of appeal
shall have been filed with him or her, that by any reason of acts stated in the certificate a stay would, in
his or her opinion, cause eminent peril to life and property. In such case, proceedings shall not be stayed.
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
ORDINANCE No. 2009-11
Approved by Mayor and Council this 17th day of August, 2009.
~~--_
A. Max Bacon, Mayor
Attest:
usan D. Hiott, City Clerk
City of Smyrna
Approved as to form:
Scott A. Coc ra , rney
2
ORDINANCE No. 2009-12
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, SECTION
712, GC, GENERAL COMMERCIAL DISTRICT, CITY OF SMYRNA,
GEORGIA, BE AMENDED BY REVISING SAID SECTION TO INCLUDE
BILLIARD AND POOL HALLS AS AN APPROVED USE. BE IT
ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That Appendix A, Zoning, Section 712, City of Smyrna, Georgia, be
amended by addition of a section to read as follows:
(712.9.1) Billiard and pool halls.
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
Approved by Mayor and Council this 17th day of August, 2009.
Attest:
S san D. Hiott, City Clerk
City of Smyrna
Approved as to form:
Scott A. Cochr ,City Attorney
~~-
A. Max Bacon, Mayor