02-15-2010 February 15, 2010February 15, 2010
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was called to order by presiding officer Mayor Max Bacon at 7:30 o'clock p.m. All
council members were present. Also present were City Administrator Eric Taylor, Deputy City
Clerk Lee Miller, City Attorney Scott Cochran, Public Works Director Scott Stokes, Library
Director Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, Community Development
Director Ken Suddreth, Police Chief Stan Hook, Community Relations Director Jennifer Bennett,
Parks and Recreation Director Steve Ciaccio, Fire Chief Jason Lanyon, Finance Director David
Boyd, Human Resources Director Kay Bruner, Management Fellow Jered Sigmon, Assistant City
Administrator Tammi Saddler, Planners Rusty Martin and Scott Smith and representatives of the
press.
Invocation was given by Pastor Seth Freeman from International Gospel Outreach Church,
followed by the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated Zoning Amendment Z10-004 will be tabled to the next meeting.
MAYOR' S REPORT:
Mayor Bacon recognized a representative from Belmont Hills Elementary School, who provided
information to those present concerning an upcoming golf tournament for the benefit of the
students' activity fund.
(A) Proclamation in Recognition of Arbor Day
Council Member Newcomb read the Proclamation and presented it to Ms. Kirk. Ms. Kirk
provided details to those present regarding an upcoming tree dedication in Smyrna.
LAND ISSUES/ZONINGS/ANNEXATIONS:
(A) Public Hearing -Rezoning Request Z10-001 -Rezoning of the subject property from
RAD-Conditional to GC - 3.50 acre tract -Land Lot 177 - 6174 Oakdale Road -Chris
and Elizabeth Nelson
Mr. Taylor stated the subject tract was originally zoned GC before it was rezoned as part of a
residential assemblage. Mr. Taylor stated the residential redevelopment ultimately did not
include the subject tract and the property has remained vacant with little interest shown in using it
for residential purposes. Mr. Taylor stated the applicant is requesting rezoning back to GC, and
that the Planning and Zoning Board (PZB) and staff recommend approval 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 persons by Mr. Cochran.
Mr. Suddreth provided additional information concerning this rezoning request. Mr. Suddreth
stated the applicant agrees to stipulations set forth in a letter from Mr. Erickson dated February 4,
2010. Council Member Smith asked Mr. Suddreth whether or not soil deficiencies identified at
the subject location, which rendered the property unsuitable for residential use, might also
militate against its suitability for commercial use. Mr. Suddreth stated the subject tract was
February 15, 2010
previously approved for GC use, and that any development on the tract would be of a unified
nature as opposed to a subdivision into various lots and single-family structures. Mr. Suddreth
stated when difficulties are encountered in terms of soil stabilization, developers are generally
required to have soil tested to determine whether or not it can be built upon.
2
Council Member Wood recognized Mr. Jon Erickson, an attorney representing the applicant, and
Mr. Erickson stated the applicant has met with nearby residents to discuss the residents'
concerns. Mr. Erickson stated the applicant has experienced repeated difficulties when
attempting to sell this property to potential residential customers. Mr. Erickson stated the owner
needs to realize some gain from the property to fund its upkeep, and that an occupied property
is more desirable for the area than a vacant one. Mr. Erickson detailed use restrictions that will
apply to the property and improvements which will be made to make it presentable.
Mayor Bacon recognized Mr. Chuck Bolash, and Mr. Bolash stated he and other concerned
citizens appreciate the applicants' willingness to discuss their concerns, and thanked the City's
staff for assisting with the process of crafting suitable plans. Mr. Bolash stated he and other
citizens would eventually like to see some residential use on the property.
At Council Member Wood's direction, Mr. Suddreth summarized the conditions of rezoning
detailed in the letter from Mr. Erickson dated February 4, 2010. (Clerk's note: A copy of this
letter is appended hereto)
MOTION: Council Member Wood made a motion to approve Rezoning Request Z10-001 for
rezoning of the subject property from RAD-Conditional to GC fora 3.50 acre tract in Land Lot
177 at 6174 Oakdale Road for Chris and Elizabeth Nelson subject to the stipulations agreed upon
by the applicant in the letter submitted and dated on February 4, 2010 by Jon R. Erickson with the
further condition that, if there should be a discrepancy between the stipulations in the February 4,
20101etter and the provisions of the Zoning Ordinance, the provisions of the Zoning Ordinance
shall apply. The motion was seconded by Council Member Smith. Motion was approved 6 - 1,
with Council Member Lnenicka in opposition.
(B) Public Hearing -Zoning Amendment Request Z10-003 -Modification to previously
approved zoning stipulations - 5.64 acre tract -Land Lot 446 -Belmont Circle and Turner
Drive -Northwest Intown Development, LLC
Mr. Taylor stated the applicant is requesting amendment to the conditions of rezoning to remove
condition 17, which requires a sprinkler in each house. Mr. Taylor stated staff supports removal
of 17 and revision of condition 14 to reflect a minimum separation of 10 feet between the eaves
of the houses and use of anon-combustible siding material on each structure to be built.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Mr. Suddreth provided additional information concerning this zoning amendment request, and
stated that increased distance between the planned structures has obviated the need for fire
sprinklers. Mr. Suddreth stated all other previously approved stipulations will remain in effect,
and that the applicant is agreeable to staff's conditions.
February 15, 2010
MOTION: Council Member Smith made a motion to approve Zoning Amendment Request
'"~ ZIO-003 for modification to previously approved zoning stipulations fora 5.64 acre tract in Land
Lot 446 at Belmont Circle and Turner Drive for Northwest Intown Development, LLC. (Clerk's
note: A copy of the revised stipulations is appended hereto) The motion was seconded by
Council Member McNabb. Motion was approved 7 - 0.
(C) Public Hearing -Zoning Amendment Z10-004 -The applicant is requesting to modify the
previously approved site plan and approval of a service station - 2.36 acre tract -Land
Lots 620 and 677 - 4560 South Cobb Drive
MOTION: Council Member Lnenicka made a motion to table Zoning Amendment Z10-004 to
modify the previously approved site plan and approval of a service station on a 2.36 acre tract in
Land Lots 620 and 677 at 4560 South Cobb Drive to the March 1, 2010 meeting. The motion
was seconded by Council Member Wood. Motion to table was approved 7 - 0.
(D) Public Hearing -Zoning Amendment Z10-006 -Modification to previously approved site
plan and building elevations - 3.896 acre tract -Land Lot 488 and 489 -Northeast corner
of Grady Street and Powder Springs Street -Red Oak Homes, LLC
Mr. Taylor stated Community Bank of the South has assumed ownership of the subject property
after foreclosure. Mr. Taylor stated the applicant is requesting approval for a zoning amendment
to modify a previously approved site plan and building elevations. Mr. Taylor stated staff
recommends approval of the zoning amendment subject to conditions.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to several persons by Mr. Cochran.
Mr. Suddreth provided additional information concerning this zoning amendment request. Mr.
Suddreth stated the amendment proposal calls for reduction in the number of lots from 13 to 12,
a change in sewer line access, and other site plan modifications. Mr. Suddreth stated staff does
not favor the applicant's request for waiver of the required tree bank recompense payment. Mr.
Suddreth stated staff recommends approval of this zoning amendment request subject to
conditions.
Mayor Bacon recognized Mr. Skip Harper, representing Red Oak Homes, LLC and Community
Bank of the South, and Mr. Harper explained the bank has engaged the services of Red Oak
Homes to complete the development. Mr. Harper explained the rationale behind the proposed site
plan changes. Mr. Harper stated the size of the structures will range from about 2,500 s.f. to
3,500 s.f. with projected selling prices from around $300,000 to $400,000. Mr. Harper stated the
revisions include changes in exterior finish and layout in an effort to create houses which will be
in character with surrounding residences. Mr. Harper stated staff's recommended conditions are
acceptable. At Mayor Bacon's request, Mr. Stokes provided additional information regarding
access to sewer lines at the subject location. Mr. Stokes stated if Grady Street is tapped, strict
guidelines for repairing the recently-paved street will be in effect. Mr. Suddreth stated the public
works director will ultimately decide the question of sewer access. Mr. Suddreth stated that,
although staff understands the difficulties presented by current economic conditions, this type of
request will continue and staff needs to be circumspect about waiving conditions of the tree
~. ordinance. Mr. Suddreth stated staff believes the requirement in this case for a recompense
payment into the tree bank should be adhered to. Council Member McNabb stated the required
tree recompense in this case is moderate in relation to the number and size of trees being
removed, and he will not support a waiver of this requirement.
February 15, 2010 4
Mayor Bacon recognized Mr. Woody Pierce, residing at 1050 Powder Springs Street, and Mr.
Pierce expressed the view that there are too many structures planned for the subject property. Mr.
Pierce expressed the view that lots 1 and 2 seem to hold water and may not be suitable for
building. Mr. Pierce stated he is glad to see a change in planned exteriors because he believes the
existing structures are visually unappealing and not in character with surrounding residences. Mr.
Pierce expressed concerns about the configuration of water detention structures in the
development.
Mayor Bacon recognized Mr. Josh Mudd, residing at 2640 Grady Street, and Mr. Mudd expressed
the view that addition of two manhole covers for sewer connection would not affect the salability
of the houses. Mr. Mudd expressed the view that disrupting the recently paved street for sewer
connection is a bad idea. Mr. Mudd stated he believes the builder can find a way to pay the tree
fund recompense.
Council Member Newcomb stated no sewer plan should be formulated for this development
which would include a mix of publicly and privately maintained infrastructure.
MOTION: Council Member Anulewicz made a motion to approve Zoning Amendment Z10-006
for modification to previously approved site plan and building elevations fora 3.896 acre tract in
Land Lot 488 and 489 at the northeast corner of Grady Street and Powder Springs Street for Red
Oak Homes, LLC subject to 21 stipulations formulated by staff and agreed upon by the applicant.
(Clerk's note: A list of the stipulations is appended hereto) The motion was seconded by
Council Member Newcomb. Motion was approved 6 - 1, with Council Member McNabb in
opposition.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
(A) Approval of commercial sanitation rate change for Hillsdale Condominiums
Mr. Taylor stated there have been cost increases for sanitation service, and staff proposes to pass
along the increase to the Hillsdale Condominiums changing the monthly rate from $17.85 per unit
to $19.50 per unit, which will be consistent with all other City residential sanitation customers.
Mr. Taylor stated staff recommends approval of the rate increase with an effective date of
March 1, 2010.
MOTION: Council Member Wood made a motion to approve a commercial sanitation rate
change for Hillsdale Condominiums to $19.50 per unit monthly with an effective date of
March 1, 2010. The motion was seconded by Council Member Smith. Motion was approved
7-0.
COMMERCIAL BUILDING PERMITS:
There were none.
February 15, 2010
CONSENT AGENDA:
(A) Approval of February 1, 2010 minutes
(B) Approval to use Council. Chambers on Sunday, February 28, 2010 from 5:30 - 8:30 pm
for a Ward 6 Neighborhood Meeting for Creatwood at Vinings HOA
(C) Approve authorization for the Mayor to execute agreement with Elements of Land
Design, LLC (Consultant) to provide arborist and landscape consulting services for the
City of Smyrna
(D) Approve Atkins Park 2010 Crawfish Boil Celebration in the Market Village on Saturday,
April 24, 2010 from 1 p.m. - 10:45 p.m.
(E) Approval of Atkins Park 2010 St. Patrick's Day Celebration in the Market Village on
Wednesday, March 17, 2010 from 2 p.m. - 10:45 p.m.
(F) Approval and authorization of change order request for the work done at Jonquil Park by
Sports Turf Company Inc.
(G) Approval for use of council chambers for a Ward 4 and Ward 6 Neighborhood Watch
Meeting on Thursday, February 18, 2010 from 6:00 pm unti19:00 pm (Forest Hills)
MOTION: Council Member Wood made a motion to approve the consent agenda. The motion
was seconded by Council Member McNabb. Motion was approved 7 - 0.
COMMITTEE REPORTS:
Council Member Pritchett recognized Mr. Miller, who provided details to those present
concerning recent court services operations.
Council Member Newcomb recognized Mr. Suddreth, who provided details to those present
concerning recent building statistics.
Council Member Anulewicz recognized Ms. Bruner, who presented a 30 year City service award
to Mayor Bacon, and a 10 year service award to Mr. Cochran. Ms. Bruner congratulated Mayor
Bacon and Mr. Cochran on reaching this career milestone.
Council Member McNabb recognized Mr. Stokes, who had no report.
Council Member McNabb recognized Ms. Kirk, who provided details to those present concerning
upcoming medication disposal events. Ms. Kirk thanked the Boy Scouts of Troop 11 for planting
a tree at Brawner Park in honor of the 100 year anniversary of the Scouts. Ms. Kirk reminded
everyone about the upcoming Arbor Day program.
Council Member Smith recognized Ms. Bennett, who had no report.
~ Council Member Smith recognized Mr. Seigler, and Mr. Seigler provided details to those present
concerning use statistics and upcoming programs and resources at the City Library.
February 15, 2010 6
Council Member Smith recognized Mr. Ciaccio, who provided details to those present regarding
an upcoming game with the Golden Eagles basketball team at the Community Center.
Council Member Lnenicka recognized Chief Lanyon, who provided details concerning the fire
department annual report. Chief Lanyon discussed acquisition of new equipment and technology
and training. Chief Lanyon reported the City's ISO rating was upgraded to 2, which is a very
high rating. Chief Lanyon provided statistics regarding fire department operations for the
previous year.
Council Member Lnenicka recognized Chief Hook, who provided information concerning City
police operations during the previous year.
Council Member Lnenicka provided details to those present concerning a suggestion from a
citizen to put distance markers on various segments of the trails at Brawner Park and perhaps
have some mapping system for the network of trails. Council Member Lnenicka stated Mr.
Ciaccio is working on this, and that this is a good example of a citizen sharing a good idea.
Council Member Wood recognized Mr. Boyd, who provided a progress report on the City
budgeting process. Council Member Wood thanked the City staff for their cooperation in
achieving the goal of a balanced budget in a difficult economic climate.
CITIZENS INPUT:
Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry
provided details to those present regarding town hall meetings with elected officials.
Mayor Bacon recognized Ms. Mary Kirkendoll, who expressed dissatisfaction with various
aspects of development in the City and communications between the municipal government and
citizens.
ADJOURNMENT:
With no further business, the meeting was adjourned at 9:44 p.m.
February 15, 2010
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CHARLES PETE WOOD, WARD 7
A. MAX BACON, MAYOR
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SU N D. HIOTT, CITY CLERK
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M Y P CHETT, WARD 1 RON NEWCOMB, WARD 2
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MIC EL MCNABB, WA
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WADE S. LNENI ARD 6
RI ANULEWICZ , 3
February 15, 2010
Z10-001 Stipulation
8
The stipulations agreed upon by the applicant in the letter submitted and dated on February 4,
2010 by Jon R. Erickson. If there should be a discrepancy between the stipulations in the
February 4, 2010 letter and the provision of the Zoning Ordinance, the provisions of the Zoning
Ordinance shall apply.
Z 10-003 Stipulations
Standard Conditions
(Requirements # 2, 8,16, and 17 from Section 1201 of the Zoning Code are not applicable)
1. The composition of the homes in a residential subdivision shall include a mixture of
elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No
elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut
external roadways shall not be permitted to utilize hardy plank for any elevation facing
these roads.
2. There shall be protective covenants with a mandatory homeowners association on all lots.
These protective covenants shall be supplied to the City prior to the issuance of a
building permit.
3. The developer shall provide at least 200 square feet of common space per lot. This
common space shall be developed with improvements for the residential subdivision such
as: gazebos, fountains, recreational/playground equipment or walking trails. The
common space shall be controlled and maintained by the Homeowners Association
4. The 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 10% reduction in a 100-year storm event. The City
Engineer shall approve all plans.
All utilities within the development shall be underground.
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
subdivision and outside the subdivision 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 2' shall be provided between the back of curb and sidewalk.
7. A strip of brick pavers or stamped concrete shall be installed on the street at the
subdivision entrance for a minimum distance of 20 feet.
8. The development of any streets (including private) shall conform to the City's standards
for public right-of--ways.
9. No debris may be buried on any lot or common area.
February 15, 2010
9
'~ 10. The developer will install decorative streetlights 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".
11. The developer will comply with the City's current tree ordinance (unless noted
elsewhere). All required tree protection measures shall be adhered to by the developer
during construction.
12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances.
13. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
Special Conditions
14. The development shall maintain the following setbacks:
Front (Proposed Street) - 20'
Side - 0' (Minimum 10' between the eaves of the homes and the use of non-
combustible material on the sides of the homes)
- 15' (Belmont Circle)
Rear - 5' (Interior)
-20' (Exterior)
Driveway - 21' minimum length from building face to right-of--way
15. Homes on lots 1 - 7 shall employ four-sided architecture such that the rear elevations
mirror the front elevations wherever possible.
16. No outside storage shall be permitted, with the exception of firewood and lawn
furnishings, or as otherwise prohibited in the protective covenants.
17. The mandatory homeowners association must include rules that regulate and control the
following:
• Each unit shall have atwo-car garage.
• Garages are restricted to vehicle parking only.
• No more than 10% of the total units may be leased by individual owners at a
time and for no term less than one year in duration.
18. The developer shall provide a gazebo, or other community structure either above or
adjacent to the detention pond, for the subdivision. This structure shall be adequately
sized for community meetings.
19. The minimum floor area of each residence without a master on the main shall be 2,000
~,,, square feet. Residences with a master on the main shall be a minimum of 1,800 square
feet.
February 15, 2010
10
20. A minimum of 25% of the dwellings will be built with master bedrooms on the main
floor. The structures configured with master bedrooms on the main floor shall include
stepless garage entries, wider doorways on the main level and wall supports in master
bedrooms and bathrooms.
Z10-006 Stipulations
Standard Conditions
(Requirements # 2, 8 and 17 from Section 1201 of the Zoning Code are not
applicable)
1 The composition of the homes in a residential subdivision shall include a mixture
of elements including; but not limited to: brick, stone, shake, hardy plank and
stucco. No elevation shall be comprised of 100% hardy plank siding. The
residences whose lots abut external roadways shall not be permitted to utilize
hardy plank in excess of 50% for any elevation facing these roads.
2 There shall be protective covenants with a mandatory homeowners association on
all lots. These protective covenants shall be supplied to the City prior to the
issuance of a building permit.
3 The developer shall provide at least 200 square feet of common space per lot.
This common space shall be developed with improvements for the residential
subdivision such as: gazebos, fountains, recreational/playground equipment or
walking trails. The common space shall be controlled and maintained by the
Homeowners Association.
4 The retention 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 10% reduction in a 2-year to 100-year storm
event. The City Engineer shall approve all plans.
5 All utilities within the development shall be underground.
6 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 subdivision and outside the subdivision 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 2' shall be provided
between the back of curb and sidewalk.
7 A strip of brick pavers or stamped concrete shall be installed on the street at the
subdivision entrance for a minimum distance of 20 feet. ,
February 15, 2010
11
8 The development of any streets (including private) shall conform to the City's
standards for public right-of--ways
9 No debris may be buried on any lot or common area.
10 The developer will install decorative streetlights 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".
11 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.
12 All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances. There shall
be a landscaped front entrance, with monument, indicating the name of the
development.
l3 All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
14 All single-family and/or duplex residential lots shall provide the following at the
time of certificate of occupancy: either four 3" caliper trees or two 2" caliper and
"" two 4" caliper trees, unless otherwise approved by the City's Arborist. The
following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee
Elm, and Village Green Zelkova. Other species may be used if approved by the
City.
Special Conditions
15 The development shall maintain the following setbacks:
Front - 20'
Rear - 20'
Side - 5' with a minimum of 15' between buildings
Driveway - 22' minimum length
16 Five-foot wide sidewalks shall be constructed along Grady Street, Grady Lane
and Powder Springs Street.
17 The final plat for the development shall include aright-of--way dedication of 10'
along Grady Street per the City Engineer.
18 Each home shall be a minimum of 2,500 s.f. in size.
February 15, 2010
12
19 The development of the subject property shall be in substantial conformity to the
Zoning Plan ("Grady Manor") prepared for Community Bank of the South by
Bilson & Associates and dated February 4, 2010.
20 The architectural style, composition and treatment of the buildings shall be in
substantial conformity to the renderings/elevations submitted on January 25,
2010. 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 Lots 14 and 15 shall be allowed to tap into the city's water and sanitary sewer
system in Grady Street, such taps shall be completed according to the
requirements of the Public Works Director.
Resolution 2010-2
A Resolution by the Mayor and Council of the City of Smyrna, Georgia, Authorizing Transmission of the
City of Smyrna Application to the Atlanta Regional Commission for Participation in the 2010 Community
Choices Implementation Assistance Program
Whereas: To participate in the 2010 Community Choices Implementation Assistance Program it is
necessary to submit an Application; and
Whereas: The City of Smyrna will prepare an Application as outlined in such standards and
procedures required by the Community Choices Implementation Assistance Program;
and
Whereas: The Atlanta Regional Commission requires that applications have the support of the
Chief Elected Official and Other Elected Officials; and
Whereas: The City of Smyrna desires assistance in creating an Urban Redevelopment Plan for the
South Cobb Drive and Windy Hill Road corridors.
Therefore: Be it resolved that the Mayor and City Council of the City of Smyrna does hereby
authorize transmission of the Application to The Atlanta Regional Commission for
participation in the 2010 Community Choices Implementation Assistance Program.
IN WITNESS THEREOF, this resolution has been duly adopted by the governing authority of the City of
Smyrna, Georgia on the 1st day of March, 2010.
A. Max Bacon, Mayor
Attest:
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Susan D. Hiott, City Clerk
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KEYIN L. a'ARD
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SUSAN KASTAN d111RPiIliY
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SIARTIK A. SNIiIT(IR
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DEAN R. FUC]IS
J(ISf.P1i L. KELLY
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IIOLLI' 1. COLE.
CAROLINE. H. MANN
JENNIFER L. PENNINCTON
ANDREA L. PAa'LA%
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ATTORNEYS A T L A w
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February 4, 2010
Mr. Scott Smith
City of Smyrna
Community Development Office
3180 Atlanta Road
Smyrna, Georgia 30080
260 PIIACI-1'i'Rfai S'f., R.\r/.
sni'rr: 2700
A'I'LAN'fA, GtiORf lA 30303
'rF.LF,ILHONIs {404) 688.6800
WWN.SN'li2\Y.CUIn
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alliTl: COIIAR (:0.1SIIi ANTI IIN~II PROFII.Ii I;RiS11NAl. UI:P'I:xSE
'rllo>~us xicrtiao, oII cou~sr:L
Direct Dial 404-688-4979
Fax No. 404-688-2723
Email address: jre@swtlaw.com
Re: Rezoning Case Z 10-001; 6174 Oakdale Road, Smyrna, Georgia
(the Property"}
~*-
Dear Mr. Smith:
This law firm represents Chris and Beth Nelson who are the owners of the above
referenced Property. Chris and Beth Nelson (the "Owners") agree that the following special
stipulations shall be included as part of the Re-Zoning Case No. Z 10-001.
1. The following uses shall be prohibited on the Property: Tattoo parlor, auto related
businesses, auto repair shop, thrift stores, pawn shops, check cashing, fortune
tellers, adult bookstores, pool halls and bars or lounges whose principal revenue is
the sale of alcohol or any business that would use the Property as a transfer or
permanent location for gravel, sand or bulk material.
2. Permanently remove the barb wire fence along the street facing Oakdale Road and
replace the existing rusting chain link fence with residential style wood privacy or
vinyl coated chain link on the street facing Oakdale Road.
Restrict delivery, loading and unloading to between 6:00 a.m. and 10:00 p.m.
4. Repaint the house in the existing colors or other neutral color, repair the gutters
and replace or repaint the front porch metal work.
5. Front yard of Property is to be maintained as a residential property with respect to
~k.. landscape maintenance.
(8417U1 31005 3 1 74 4.DOCv1 {
Mr. Scott Smith
February 4, 2010
Page Two
6. No ground based signs. A single sign advertising the business may be attached to
the building.
7. Any dumpster shall be located behind the house and at least 50' from the north
property line.
8. No more than fifteen {15) vehicles shall be parked overnight on the Property, and
overnight parking of vehicles shall be limited to the rear of the Property. No
vehicles shall be parked overnight in the front parking lot nearest to Oakdale
Road.
All outside lighting to conform to City of Smyrna lighting requirements for this
zoning classiftcation.
Very truly yours,
..~ ,-~'~
,,....:
~•Jon R. Erickson
JRE/ddr
`341.r013100531)44.000vI ~