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08-16-2010 August 16, 2010~,,, August 16, 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, 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, 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 Bolick, Management Fellow Jered Sigmon, Assistant City Administrator Tammi Saddler, Planner Rusty Martin and representatives of the press. Invocation was given by Pastor Jamie Auton from King Springs Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated Zoning Amendment Z10-007 and the proposed code amendments will be withdrawn. MAYOR' S REPORT: Mayor Bacon recognized Ms. Angela Brown, who provided details to those present concerning her candidacy for a judgeship in Cobb County State Court. Mayor Bacon recognized Ms. Maryline Blackburn, who provided details to those present concerning her candidacy for the 34~h District seat of the House of Representatives. LAND ISSUES/ZONINGS/ANNEXATIONS: (A) 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 stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member McNabb made a motion to withdraw Zoning Amendment Z10-007 for modification to previously approved zoning stipulations at 3110 Nichols Street for a 0.161 acre tract in Land Lot 486 for Wachovia Bank, National Association pursuant to the applicant's request. The motion was seconded by Council Member Wood. Motion to withdraw was approved 7 - 0. (B) Public Hearing -Rezoning Request Z10-012 - R-15 to RAD-Conditional - 1.23 acre tract - Land Lots 488 and 521 - 1189 Powder Springs Street -Sandra Chase, Joan Martin and Raymond Vito Mr. Taylor stated the applicants have requested rezoning of the subject property for construction of two single-family attached residences. Mr. Taylor stated the Planning and Zoning Board (PZB) and staff recommend approval of the request subject to certain conditions. August 16, 2010 2 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 to those present concerning the rezoning request. Mr. Suddreth summarized the conditions of rezoning, including special conditions. Mr. Suddreth stated each dwelling will comprise at least 2,400 sf of floor area. Mayor Bacon recognized Mr. Richard Pecha, residing at 2667 Brown Circle, and Mr. Pecha expressed concerns about the external dimensions of the proposed building as compared to existing houses in the area. Mr. Pecha expressed concerns about what he considers to be a trend of more and more new construction in the subject area which may not be compatible. Mayor Bacon recognized Mr. Vito, Ms. Martin and Ms. Chase, and Mr. Vito stated the applicants are amenable to all the conditions of rezoning except for the one pertaining to a second curb cut. Council Member Anulewicz recapitulated some of the reasons why the city engineer has concerns about the additional curb cut, including potential impact on nearby trees. Mr. Vito stated the proposed driveway would be about 15' away from any trees, and that a 9'driveway could be built. Mr. Vito stated the driveway would be convenient for visiting friends to use. Council Member Lnenicka expressed concerns that the requested second driveway would impart aduplex-like appearance to a structure in a very visible area of the central city district. Council Member Lnenicka stated if a structure looks like a duplex then perhaps it is one. Council Member Lnenicka stated the planned construction concept is interesting, but he would not like to see what is effectively a duplex built in the downtown area. Council Member McNabb commented favorably about the proposed design elements which he believes will preserve vegetation on the subject property and provide alower-profile overall appearance to the planned construction. Council Member McNabb expressed support for the applicants' request for an additional curb cut provided efforts are made to coordinate with staff to locate the curb cut in a manner which will facilitate preservation of trees. Council Member Anulewicz expressed approval of many aspects of the construction plan and added that, in her view, the proposed structure does not seem like a duplex. MOTION: Council Member Anulewicz made a motion to approve Rezoning Request Z10-012 from R-15 to RAD-Conditional fora 1.23 acre tract in Land Lots 488 and 521 at 1189 Powder Springs Street for Sandra Chase, Joan Martin and Raymond Vito subject to applicable standard conditions and special conditions formulated by staff. Council Member Anulewicz stated it should be noted that the stipulations shall specify a 9'driveway situated in such a way as to facilitate preservation of trees and reservation of the right by the City to temporarily restrict access at the subject location for events. (Clerk's note: A list of the conditions is appended hereto) Council Member Lnenicka asked if the applicants are agreeable to the stipulations as discussed and modified, and Mr. Vito answered in the affirmative. The motion was seconded by Council Member McNabb. Council Member Newcomb expressed approval of the design as presented and commented on the diverse admixture of architectural styles in the City. Council Member McNabb stated that construction of two freestanding structures on the subject lot would result in loss of vegetation, and that the alternative approved at this meeting is a pattern which should be encouraged. Mayor Bacon stated another proposal for a much denser development on the subject property was made several years ago. Motion was approved 7 - 0. August 16, 2010 ~ (C) Public Hearing -Approval of code amendments to Sections 709, 711 and 712 of the Zoning Ordinance regarding the outside display, storage and sale of merchandise -City of Smyrna Mayor Bacon asked if anyone is present in connection with this matter, and there was no response. MOTION: Council Member Newcomb made a motion to withdraw code amendments to Sections 709, 711 and 712 of the Zoning Ordinance regarding the outside display, storage and sale of merchandise. The motion was seconded by Council Member Pritchett. Motion to withdraw the measure was approved 7 - 0. (D) Annexation request (100% of owners requesting annexation) - .4 acre tract -Land Lot 343, Parcel 33 - 2871 Old Concord Road -Fairbanks Properties, LLC Mr. Taylor stated the submitted legal description for the subject tract was reviewed by staff and found to be in order. Mr. Taylor stated staff recommends approval of the annexation request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Smith made a motion to approve the annexation request of a .4 acre tract in Land Lot 343, Parcel 33, 17~" District, 2°a Section, Cobb County, Georgia at 2871 Old Concord Road for Fairbanks Properties, LLC, with said property to become a part of Ward 5 of the City of Smyrna with an effective date of September 1, 2010. The motion was seconded by Council Member Wood. Motion was approved 7 - 0. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of August 2, 2010 minutes (B) Approval of FY 2010 Budget Amendment (C) Approval for organizers Atkins Park Tavern and Zucca/Vintage Tavern to host Smyrna Beer Fest in Market Village Sat., Sept. 25, 2010 from l pm - 6pm (D) Acceptance of tree grant funds from the 2010 Urban and Community Forestry Program to complete Phase -III of the Smyrna Tree Inventory and to authorize the Mayor to execute any related documents August 16, 2010 (E) Approval to use Council Chambers on August 26, 2010 from 7:00 p.m. - 9:00 p.m. for Smyrna Historical Society (F) Approval of 2010 CDBG Subrecipient Agreement for use of Community Development Block Grant Funds (CDBG) in the amount of $263,805 between Cobb County and City of Smyrna and authorize Mayor to sign and execute agreement MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - 0. COMMITTEE REPORTS: Council Member Pritchett recognized Ms. Hiott, who provided information concerning recent court services operations. Council Member Newcomb recognized Mr. Suddreth, who provided details to those present concerning recent building statistics. Council Member Anulewicz expressed condolences to Ms. Bolick for the recent loss of her father. 4 Council Member McNabb recognized Ms. Kirk, who provided details to those present concerning work on the new Community Garden and an upcoming shredding event. Ms. Kirk provided information regarding the upcoming Work Glove Luncheon for the City's employees who work outdoors. Council Member McNabb recognized Mr. Stokes, who had no report. Council Member Smith recognized Ms. Bennett, who expressed appreciation to the City departments who assisted her with planning the Birthday Celebration, with special thanks to Tiffany Wallace and Bert Turnell. Ms. Bennett also thanked the many sponsors who also helped to make this event a success, along with the Campbell High School students and everyone else who attended. Ms. Bennett provided details concerning the upcoming Taste of Smyrna event. Council Member Smith recognized Mr. Ciaccio, who provided details concerning temporary training facilities to be used by some of the local football teams. Mr. Ciaccio provided details to those present concerning planned improvements to City parks and recreation facilities. Council Member Smith recognized Mr. Seigler, who provided details to those present concerning programs and events at the City Library. Council Member Lnenicka recognized Chief Hook, who provided details to those present concerning the results of a recent alcoholic beverage sales compliance check, acquisition of a new police dog, and the recent hire of a new police officer. Council Member Lnenicka recognized Chief Lanyon, who provided details to those present concerning the City's ISO (Insurance Services Office) rating. Chief Lanyon encouraged citizens to sign up for the Nixle public safety information service. AUQUSt 16. 2010 Council Member Lnenicka commented favorably about the recent Collier Gate HOA party which he attended. Council Member Lnenicka stated he will be attending the upcoming Montclair townhomes HOA meeting. Council Member Wood recognized Mr. Boyd, who provided details regarding the City audit and evaluation of new financial software. CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry commented on an article which recently appeared in a newspaper concerning Cobb County mayors. Mr. Backry expressed disapproval of the City's recent decision on the Glock variances. Mayor Bacon recognized Ms. Judy Ussing, residing at 1005 Mill Pond Drive, and Ms. Using commented about a recent newspaper article regarding non-compliance with the Open Meetings Act by the Cobb County School Board. Ms. Using expressed skepticism about the City's compliance with such laws and cited examples. Mayor Bacon recognized Ms. Donna Woodham, residing at 2616 Hughes Street, who expressed the view that there should be open dialogue to include citizens when considering land use matters. Ms. Woodham expressed disapproval of the City's recent decision on the Glock variances. Ms. Woodham provided details concerning a conservation program in use by the City of Sandy Springs. Mayor Bacon expressed the view that some misinformation regarding meetings has been disseminated, and invited Ms. Ussing to meet with him to discuss her concerns. ADJOURNMENT: With no further business, the meeting was adjourned at 9:05 p.m August 16, 2010 A. MAX BACON, MAYOR :~ 7~ ~ ~ n ~,.~ - ~ {~ ELLENY,~P CH TT, WARD 1 D. HIOTT, CITY CLERK ~ C1+ ~- RON NEWCOMB, WARD 2 ~ ~~~V MICH EL MCNABB, WAR 4 ~/ WADE S. LNENICKA, WARD 6 6 CHARLES PETE WOOD, WARD 7 RI ANULEWICZ ARD 3 August 16, 2010 ~,,,, Rezoning Request Z10-012 Rezoning Request: Z10-012 -Rezoning from R-15 to RAD-Conditional 7 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 (i.e. Powder Springs Street). 2. All utilities within the development shall be underground 3. 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. The grass buffer may be waived if it is deemed unnecessary by the City Engineer. 4. No debris may be buried on any lot or common area 5. 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. 6. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 7. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. Special Conditions 8. The development shall maintain the following minimum setbacks: Front - 40' Street Side - 27' Interior Side - 0' Exterior Side - l 0' Rear - 30' 9. The stormwater 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. 10. Each home will be a minimum of 2,400 square feet in floor area. Auguust 16, 2010 11. The approval of the rezoning of the subject property shall be in substantial conformity to the site plan submitted on June 11, 2010, titled 1189 Powder Springs Street and created by Frank G. Neely Design, Inc. Should there be any changes during Plan Review which require minor site plan revisions; any such changes shall be subject to the review and approval of the Director of Community Development. 12. The architectural style, composition and treatment of the residences shall be in substantial conformity to the renderings/elevations submitted on June 11, 2010, titled 1189 Powder Springs Street and created by Frank G. Neely Design, Inc. 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 Community Development. 13. The applicant shall provide two, 3" caliper street trees along Powder Springs Street to replace the two existing oaks that will be removed during development. 14. The applicant shall remove the existing 12" Pear Tree next to the street trees on Fuller Street. This species of tree has been identified as an invasive tree by the City Arborist. 15. The applicant shall create deed covenants for the shared driveway in which the ownership, maintenance, and utilization are the shared responsibility of each homeowner. These covenants must be supplied to the City prior to the issuance of a building permit. 16. The applicant shall only be allowed a 9' wide curb cut and driveway on Fuller Street as labeled on the submitted site plan. The applicant shall work with staff to locate the proposed 9' wide driveway in an area to preserve the existing street trees along Fuller Street. In the event the construction of the proposed driveway on Fuller Street should cause the death of any of the city owned street trees along Fuller Street, the applicant shall be required to remove and replace the dead tree(s). The city owned street trees shall be replaced with a similar species and a minimum caliper size of 4". (Stipulation #16 was amended per the motion made by Councilwoman Anulewicz.) 17. The final plat for the development shall include aright-of--way dedication along Powder Springs Street which will allow the existing sidewalk to be entirely within the right-of--way. Setbacks shall be taken from the existing right-of--way. 18. The City may block access to the Fuller Street driveway for any city sponsored event that requires the closure of Fuller Street. (Stipulation #18 was added per the motion made by Councilwoman Anulewicz.) ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number 2010-7 Land Lot 343 Acres .4 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of ~* the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit «A ~, BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this 16th day of August, 2010. A. Max Bacon, Mayor Susan D. Hiott, City Clerk City of Smyrna A colt A. Cochran, Ci ttorne ___ ~ City of Smyrna Ordinance 2010-7 Exhibit "A" Legal Description - 2871 Old Concord Road -Land Lot 343, Parcel 33 - 17th District, 2"d Section, Cobb County, Georgia All that tractor parcel of land lying and being in Land Lot 343 of the 17th District, 2"d Section, Cobb County, Georgia, being more particularly described as Lot 5, Subdivision for Luther Cabe and Alonzo C. Wallace, as per plat recorded in Plat Book 13, Page 140, Records of Cobb County, Georgia, which plat is incorporated herein by reference for more particular description and delineation of the lot dimensions thereof. Being the same property conveyed to Frank E. Davis by deed from Michael L. Hamrick and Claudia Diane Hamrick recorded 03/22/2004 in Deed Book 13946, Page 5193, in the Office of Superior Court of Cobb County, Georgia.