03-15-2010 March 15, 2010March 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 except Council Member Smith. Also present were City
Administrator Eric Taylor, City Clerk Susan Hiott, Acting City Attorney Jeffrey Tucker, Public
Works Director Scott Stokes, Library Director Michael Seigler, Assistant Keep Smyrna Beautiful
Director Virginia Davis, 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 Mike Smith of Smyrna Christian Church, followed by the pledge
to the flag.
AGENDA CHANGES:
Mayor Bacon stated agenda item Zoning Amendment Z10-007 will be tabled.
MAYOR' S REPORT:
(A) Census 2010 -Report from the Complete Count Committee
s~ Mayor Bacon recognized Mr. Sigmon, who reminded everyone that census materials will be
arriving soon, and that completing the questionnaire and sending it back in a timely manner is
essential to an accurate census process. Mr. Sigmon pointed out that the census will be a basis
for allocation of various government resources and that it does make a difference.
LAND ISSUES/ZONINGS/ANNEXATIONS:
(A) Public Hearing- Text amendment to Sections 703.2, 706.6, 709.4, 710.7.1 and 7l 1.4 of
the Zoning Ordinance related to outdoor and indoor play area requirements for day
nurseries and kindergartens -City of Smyrna
Mr. Taylor stated review of the ordinances disclosed that uniformity of play area requirements for
day nurseries and kindergartens is needed for the various zoning districts for which such uses are
approved. Mr. Taylor stated staff and the Planning and Zoning Board (PZB) recommend
approval of the proposed revision.
MOTION: Council Member Newcomb made a motion to approve text amendment to Sections
703.2, 706.6, 709.4, 710.7.1 and 711.4 of the zoning ordinance related to outdoor and indoor play
area requirements for day nurseries and kindergartens. The motion was seconded by Council
Member Pritchett. Motion was approved 6 - 0.
Mayor Bacon stated Council Member Smith is out of town.
March 15, 2010 2
(B) Public Hearing -Zoning Amendment Request Z 10-004 -Modification of approved site
plan and approval of proposed conditional use - 2.36 Acres -Land lots 620 and 677 -
Southwest corner of East/West Connector and South Cobb Drive -Trilogy Group, LLC
Mr. Taylor stated the subject tract was previously rezoned and conditioned upon the submitted
site plan. Mr. Taylor stated revision of the site plan will require approval of the city council. Mr.
Taylor stated the proposed revision will affect lots 3, 4 and 5, and will provide for conditional use
to build a Racetrac service station and a medical office building. Mr. Taylor stated staff
recommends approval of the modification of approved site plan and the proposed conditional use.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Mr. Suddreth stated the referenced lots will be combined and re-subdivided into two lots. Mr.
Suddreth stated there will be a building on each of the lots. Mr. Suddreth provided details to
those present concerning the proposed routing of vehicular traffic through the site. Mr. Suddreth
stated the locations of the buildings had to be modified to facilitate traffic flow. Mr. Suddreth
reviewed the stipulations of zoning amendment for those present. Mr. Suddreth stated that, for
the record, he wishes to read the following stipulations:
(23) Along the entire public road frontage of the proposed Racetrac and Medical
Office parcel, and directly behind the back of curb shall be installed ten (10)
evergreen shrubs per required street tree. Shrubs shall be a minimum 3-gallon
at installation and maintained at a two (2) foot height above ground level. Shrubs
should be spaced in a manner as to provide asemi-opaque screen or visual
barrier to the proposed parking and service areas.
(24) The applicant shall provide a five (5) foot wide strip of stamped and stained
concrete for the length of the canopy along the access road on the RaceTrac
parcel. The texture and color of the five (5) foot wide strip shall be subject to the
review and approval of the City Engineer.
(25) The subject property and all associated land swaps shall be replatted and
recorded prior to the issuance of land disturbance permit or building permit.
Council Member Newcomb expressed concern about waiver of various parking lot landscaping
requirements. Mr. Suddreth stated there are some exceptions. Mr. Suddreth stated there will be a
larger landscape buffer along the front plus additional landscaping to help compensate. Mr.
Suddreth explained modified placement of landscaping in this case proved to be more effective.
Council Member McNabb pointed out that stipulation 15 should be revised to reflect the updated
subdivision, and Mr. Suddreth agreed that it should be changed.
Mayor Bacon recognized Mr. Garvis Sams, an attorney representing the applicants, and Mr. Sams
provided additional information concerning this site plan revision and conditional use request.
Council Member Lnenicka asked Mr. Sams if the stipulations as formulated by staff are
acceptable to his clients, and Mr. Sams answered in the affirmative. Council Member Lnenicka
expressed appreciation to Mr. Sams and the developers for their cooperation with the City's staff
and the residents of Westchester Commons in creating a plan he believes will be successful at the
subject location. Council Member Lnenicka reiterated his desire that the parties responsible for
maintaining the property will make continuing efforts to keep the detention facility at the subject
location clear of debris. Council Member Lnenicka thanked everyone concerned for their interest
March 15.2010 3
in Smyrna as a location for their business. Council Member McNabb stated that, for the record,
`"~ he wants to clarify language in stipulation 18 to the effect that the applicants are not requesting
conditional use for an automobile wash service or automobile minor repair facility. Mr. Sams
stated Council Member McNabb is correct, and that the request is for a convenience store with
gasoline sales only.
MOTION: Council Member Lnenicka made a motion to approve Zoning Amendment Request
Z10-004 for modification of approved site plan and approval of proposed conditional use for a
2.36 acre tract in Land Lots 620 and 677 at the southwest corner of East/West Connector and
South Cobb Drive for the Trilogy Group, LLC subject to the 25 revised stipulations as presented
by staff and agreed upon by the applicant. The motion was seconded by Council Member Wood.
Motion was approved 6 - 0. (Clerk's note: The list of stipulations is appended hereto)
(C) Public Hearing- Zoning Amendment Z10-007 -Modification to previously approved
zoning stipulations -3110 Nichols Street - 0.161 acre tract -Land Lot 486 -Wachovia
Bank, National Association
Mayor Bacon asked if anyone is present in connection with this matter, and there was no
response.
MOTION: Council Member McNabb made a motion to table Zoning Amendment Z10-007,
modification to previously approved zoning stipulations, for 3110 Nichols Street, 161 acre tract
in Land Lot 486 for Wachovia Bank, National Association to the April 5, 2010 meeting. The
motion was seconded by Council Member Newcomb. Motion to table was approved 6 - 0.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
There was none.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of March 1, 2010 minutes
(B) Approval to use Council Chambers on March 16, 2010 from 7:00 - 9:30 pm for a Ward 6
- Oak Ridge Estates HOA Meeting
(C) Approval to use Council Chambers on March 18, 2010 from 7:00 - 9:00 pm for a Vinings
Forest HOA Meeting
MOTION: Council Member Wood made a motion to approve the consent agenda. The motion
was seconded by Council Member Lnenicka. Motion was approved 6 - 0.
March 15, 2010
COMMITTEE REPORTS:
Council Member Wood yielded the floor with no report.
Council Member Lnenicka yielded the floor with no report.
Council Member McNabb yielded the floor with no report.
Council Member Anulewicz reminded everyone they can celebrate St. Patrick's Day at the
Market Village Fountain.
Council Member Newcomb yielded the floor with no report.
Council Member Pritchett recognized Ms. Hiott, who provided details to those present
concerning recent court services operations. Ms. Hiott commented favorably about the City's
code enforcement efforts.
Ms. Bennett provided details to those present concerning upcoming City events and a new
website.
Ms. Davis provided details to those present concerning a community garden meeting planned at
City Hall and other upcoming activities.
Mr. Seigler provided details to those present concerning upcoming library programs.
Mayor Bacon recognized Ms. Jill O'Brien Thiel from the American Legion Post 160 Auxiliary
(ALA), and Ms. Thiel provided details concerning an upcoming auction hosted by the ALA for
the benefit of Cobb County Special Olympics.
CITIZENS INPUT:
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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 Mr. Mark McCardy, residing at 3306 Fieldwood Drive, who thanked
the present officials for their support of the Little League, and provided details concerning an
upcoming fundraiser.
Mayor Bacon recognized Dan Bartlett, residing at 4710 Harness Court, who thanked the present
officials for their support of the Little League, and invited everyone to come see the new ball
park.
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:32 p.m.
March 15, 2010
A. MAX BACON, MAYOR S N D. HIOTT, CITY CLERK
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RON NEWCOMB, WARD 2
RI ANULEWICZ , W 3
CHARLES PETE WOOD, WARD 7
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MIC AEL MCNABB, W .
ORDINANCE No. 2010-1
„~. 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 TO
PROVIDE REQUIREMENTS FOR INDOOR AND OUTDOOR PLAY
AREAS FOR DAY NURSURIES. BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA:
That Appendix A, Zoning, City of Smyrna, Georgia, be amended to
read as follows:
(703.2) Day nurseries and kindergartens provided that:
(4) There shall not be less than thirty-five (35) square feet of usable space per child.
Kitchens, bathrooms, closets, halls, storage areas or rooms, offices, rooms designated for
staff use, other single use areas and space occupied by adult size furniture shall be
excluded in determining usable space. The minimum size of the outdoor area must be
equal to one hundred (100) square feet times one third (1/3) of the center's licensed
capacity for children.
(706.6) Day nurseries and kindergartens provided that:
(2) There shall not be less than thirty-five (35) square feet of usable space per child.
Kitchens, bathrooms, closets, halls, storage areas or rooms, offices, rooms designated for
staff use, other single use areas and space occupied by adult size furniture shall be
excluded in determining usable space. The minimum size of the outdoor area must be
equal to one hundred (100) square feet times one third (1/3) of the center's licensed
capacity for children.
(709.4) Day nurseries and kindergartens, provided that:
(1) There shall not be less than thirty-five (35) square feet of usable space per child.
Kitchens, bathrooms, closets, halls, storage areas or rooms, offices, rooms designated for
staff use, other single use areas and space occupied by adult size furniture shall be
excluded in determining usable space. The minimum size of the outdoor area must be
equal to one hundred (100) square feet times one third (1 /3) of the center's licensed
capacity for children.
(710.7.1) Day nurseries and kindergartens provided that:
(2) There shall not be less than thirty-five (35) square feet of usable space per child.
Kitchens, bathrooms, closets, halls, storage areas or rooms, offices, rooms designated for
staff use, other single use areas and space occupied by adult size furniture shall be
excluded in determining usable space. The minimum size of the outdoor area must be
equal to one hundred (100) square feet times one third (1/3) of the center's licensed
capacity for children.
ORDINANCE No. 2010-1
(711.4) Day nurseries and kindergartens, provided that:
(2) There shall not be less than thirty-five (35) square feet of usable space per child.
Kitchens, bathrooms, closets, halls, storage areas or rooms, offices, rooms designated for
staff use, other single use areas and space occupied by adult size furniture shall be
excluded in determining usable space. The minimum size of the outdoor area must be
equal to one hundred (100) square feet times one third (1/3) of the center's licensed
capacity for children.
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 15th day of March, 2010.
J
Attest:
A. Max Bacon, Mayor
~c.~
S san D. Hiott, City Clerk
City of Smyrna
Approved as to form:
'gran; City Attorney
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