02-18-2019 February 18, 2019 Mayor and Council Meeting Minutes - SIGNED - LFCity of Smyrna 2800 King Street
'J 7 Smyrna, Georgia 30080
Meeting Minutes - Final
City Council
Monday, February 18, 2019 7:00 PM Council Chambers
Roll Call
Present: 7 - Mayor Max Bacon, Councilmember Derek Norton, Councilmember Maryline
Blackburn, Councilmember Andrea Blustein, Councilmember Charles
Welch, Councilmember Susan Wilkinson and Councilmember Tim Gould
Absent: 1 - Councilmember Ron Fennel
Also Present: 7 - Tammi Saddler Jones, Scott Cochran, Terri Graham, Scott Andrews, Ken
Suddreth, Russell Martin and Tina Monaghan
Call to Order
Mayor A. Max Bacon called the February 18, 2019 Mayor and Council meeting to order
at 7:00 PM.
1. Invocation and Pledge:
Pastor B. Dwayne Hardin, The Embassy ATL, 2030 Powers Ferry Road delivered
Invocation and led all in the Pledge of Allegiance.
2. Agenda Changes:
There were no agenda changes.
3. Mayoral Report:
The Mayor announced that Councilmember Ron Fennel would not be at the meeting.
4. Land Issues/Zonings/Annexations:
A. V19-002 Public Hearing - Appeal the decision of the License and Variance
Board for request - V19-002 - Allow reduction of side setbacks from 35
feet to 10 feet - Land Lot 594 - 0.53 acres - 1639 Corn Road - The
Woodbery Group - David Woodbery
seonsors: Blustein
Mayor Bacon introduced the agenda item and announced that it was not an appeal. He
then asked City Attorney Scott Cochran to explain the process for this hearing.
Mr. Cochran explained that it was not an appeal but rather a de novo hearing which
means that it should be treated as a new hearing.
An announcement was made by Mayor Bacon that there was a sign language
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interpreter present. The interpreter's name was Donna Flanders.
The Mayor then opened the public hearing and asked all those wanting to speak to
come forward and take the oath.
Ms. Blustein asked Mr. Ken Suddreth, Director of Community Development to come
forward and present the background information.
Mr. Suddreth reiterated that while the agenda item is listed as an appeal, it will be
handled as a new hearing before the Council. The applicant was requesting to deviate
from the development standards established by the City for the side setbacks of 35
feet. The applicant was requesting a variance to reduce the side setbacks to 10 feet to
construct a five unit townhome building. Staff recommended approval of the requested
variances with the following condition:
1) Approval of the requested variance shall be conditioned upon the
development of the property in substantial compliance with the site plan submitted with
the variance application.
The License and Variance Board approved the requested variance on January 9, 2019
with the additional stipulations that sound proof material be installed on the unit
closest to the adjoining lot and that all units will have a sprinkler system. The
applicant also agreed to shift the units west if the hydrology study revealed that this
would be possible. The decision was to approve the variance 3 to 0. The adjoining
property owner filed an appeal to that decision for Mayor and Council to hold a new
public hearing.
Mayor Bacon asked Mr. Suddreth how close the homes would be to the property line at
the closest point. As the closest point, the end unit building would be two feet from
the property line.
Mayor Bacon asked the applicant to come forward to speak. Mr. David Woodbery of
the Woodbery Group came forward to the podium.
Mr. Woodbery introduced himself and summarized his request. He clarified that the
sound proofing would be on the internal walls of the unit and not on the outside. He
felt that this would be sufficient to take care of the noise issue. As far as the moving
west of the units, that information would not be available until after the hydrology study
was completed.
Ms. Blackburn asked about the current status of the hydrology study. Mr. Woodbery
said that the hydrology study would not occur until after the build was approved and the
project moved into the full engineering stage.
Mr. Gould wanted to know how perspective buyers would be notified of the potential
noise issue. Mr. Woodbery said that it would be done during the marketing part of the
project. Buyers would be informed of the potential issues with being located close to
areas zoned commercial as well as what was done to mitigate the issues. He also
stated that it would only affect the building closest to the church.
The Mayor said that the City does have a sound ordinance so if a complaint was called
in, someone would measure the sound, however, the applicant said that buyers would
be informed of the situation in advance.
Councilmember Gould inquired about the sale price of the properties and asked for the
applicant's thoughts about the area and how it would impact the sale of the homes
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being built. The applicant answered mid 300's and went on to state that the area is in
need of some redevelopment and the quietness of the area should attract potential
buyers.
Mr. Norton wanted to make sure that the back comer was the only area impacted by
being close to the church to which the applicant replied that was the only area of
potential impact.
Councilmember Blustein asked about the square footage and price point of the
homes. Approximately 2200 square feet with a potential for a little more depending on
how the owner would want to build out and the mid $300, 000 range.
The Mayor said that the design for the units looked nice and he looks forward to
seeing something positive in that area.
Councilmember Wilkinson asked the applicant if the homes would fall into the flood
plain. Mr. Woodbery said that the flood plain is across the street by the creek. Ms.
Wilkinson expressed concern about how noise levels impact the base level of homes
from the vibration of bass as this has occurred in an area in her Ward.
Mayor Bacon said that at one point in time, there were buildings on the lot although it
is currently undeveloped. He asked anyone wanting to speak to come forward.
Mr. Paul Kelly, son of the Deaf Baptist Church Pastor, spoke about the noise issue.
Insulation would not prevent disturbing someone who was outside on their porch.
Unless potential buyers were there during the hours of worship, they would not fully
understand the level of the noise. People assume that deaf people are quiet but that
is generally not the case. Looking into the future, if the initial purchaser is made aware
and decides to sell the home after some time passes, how would future buyers be
made aware.
Dr. Bruce Kelly, Pastor of the Deaf Baptist Church came forward to make comment.
Please note that Dr. Kelly's comments were vocalized through sign language
interpreter Donna Flanders. Dr. Kelly thanked everyone for allowing him to come out
and comment. He gave some background information on how the church came to be
located there including the process involved in finding a place where those that hear
would not be disturbed by those who do not. His concems include noise disturbing
potential homeowners and increased traffic causing danger for church members which
would limit the types of programs that the church could host. He presented a petition
of those against the variance and offered copies to anyone who wanted one. He
concluded by saying how proud he was to be part of the only deaf owned, deaf church
in the area and hopes to be able to continue their many contributions.
Councilmember Welch asked Dr. Kelly what the service hours for the church are.
Through the interpreter, Dr. Kelly said that services are Wednesday and Sunday, but
that the church hosts events most days except for Mondays, Tuesdays, and Thursdays
which are lighter days.
The Mayor asked if any insulation for noise was installed when improvements to the
church were made some years back. There are areas that are insulted toward the tops
of the walls, but the remainder is not because the walls were cinderblock. The
insulation in the attic is not soundproof and the floors are cement.
Ms. Wilkinson asked for some clarification regarding music during the week. Dr. Kelly
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reviewed the normal program schedule stating that the music would mainly be on
Wednesdays and Sundays.
Mr. Gould wanted to know if there was no setback request, would the church still have
concerns. The answer was that at 35 feet there would be no concern. if the fifth
house was eliminated and the homes shifted further away, that would be ideal.
Mayor Bacon asked Dr. Kelly about the other property that was owned by the church.
The property behind the potential townhomes is the other property owned by Dr. Kelly,
not the church and it is north of the property.
The Mayor then asked Mr. Russell Martin of Community Development how close the
church was to the property line. According to the paperwork on hand, the church is
only two feet off the property line, but the building was there when the property was
annexed into the City back in the 90's.
The public hearing was then closed by the Mayor.
Mr. Gould asked for clarification as to how the vote would work.
City Attorney Scott Cochran explained that with a motion to deny, a vote in favor
means that the variance would be denied, and if it passes, then it would be over. if the
motion to deny did not pass, then it is assumed that there would be a cross motion to
approve.
Councilmember Andrea Blustein made a motion to deny V19-002 - Allow reduction of
side setbacks from 35 feet to 10 feet - Land Lot 594 - 0.53 acres - 1639 Corn Road -
The Woodbery Group - David Woodbery with a second by Councilmember Susan
Wilkinson.
The vote was a tie as follows:
Aye: 3 - Councilmember Blackburn, Councilmember Blustein and Councilmember
Wilkinson
Nay: 3- Councilmember Norton, Councilmember Welch and Councilmember Gould
Absent: 1 - Councilmember Fennel
The prior vote ended in a tie. After consulting with City Attorney Scott Cochran, Mayor
Bacon called for a new motion, he would need to vote to break the tie.
Councilmember Derek Norton made a motion to approve V19-002 - Allow reduction of
side setbacks from 35 feet to 10 feet - Land Lot 594 - 0.53 acres - 1639 Corn Road -
The Woodbery Group - David Woodbery. The motion was seconded by
Councilmember Charles "Corkey" Welch.
The motion to approve with Mayor Bacon breaking the tie carried by the following vote:
Aye: 4 - Mayor Bacon, Councilmember Norton, Councilmember Welch and
Councilmember Gould
Nay: 3 - Councilmember Blackburn, Councilmember Blustein and Councilmember
Wilkinson
Absent: 1 - Councilmember Fennel
B. 2019-56 Public Hearing Only - Variance Request - V19-007 & 008 - Reduction
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of the front setback from 35' to 15' and reduction of the rear setback from
30' to 15' for the construction of a new home - 0.113 Acres - Land Lot
519 - 2475 Adams Drive - Ronald Dickinson
Sponsors: Blackburn
Mayor Bacon said that items B, C, and D are all related to the same property. He
opened the public hearing, and no one came forward to speak.
Ms. Blackburn asked Mr. Martin to come forward and present the information on the
property.
Mr. Martin reviewed information regarding the property to Mayor and Council. Ronald
Dickinson was requesting approval to annex the existing parcel on Adams Drive. Mr.
Dickinson was proposing to demolish the existing home to construct a new home. The
existing home is a one-story wood frame home that was built in the mid 1900's. The
new proposed home is a two-story home with traditional architecture. The existing lot is
a legal non -conforming lot with respect to the requirements of the R-15 zoning district.
Therefore, as part of the annexation, Mr. Dickinson was requesting front and rear
setback reductions to build the new home. The subject property is 0.113 acres in size
and will be zoned R-15 (single-family residential) after the annexation. Due to the
existing size of the lot and the requirements of the R-15 zoning district, the following
variances will be needed to construct the new home:
1. Reduction in the minimum front setback from 35' to 15, and
2. Reduction of the minimum rear setback from 30' to 15'.
Community Development recommends approval of the requested variance with the
following conditions:
1. Approval of the requested variance shall be conditioned upon the
development of the property in substantial compliance with the site plan submitted with
the variance application.
2. The applicant shall dedicate 5' of right-of-way to the city along Adams Drive
for the length of the property. All setbacks shall be taken from the existing
right-of-way.
3. The property shall maintain the following minimum setbacks:
Front - 15'
Side - 10'
Rear - 15'
Mayor Bacon asked the applicant, Mr. Ronald Dickinson to come forward and speak.
Mr. Dickinson thanked Mr. Martin for his presentation and Mayor and Council for all
that they have done for the City. He said that the house is the last ugly property in the
area and he feels that tearing down the old house and building a new one will further
help to better the neighborhood.
This was a public hearing only and no vote was taken.
C. Approval of Ordinance 2019-01 - Annexation request (100% owners
requesting annexation) - of all tract of land lying and being in Land Lot
519, 17th District, 2nd Section, Cobb County, Georgia, a total of 0.113
acre tract, being known as 2475 Adams Drive, Smyrna GA 30080. The
effective date will be March 1, 2019 and reside in Ward 3.
Sponsors: Blackburn
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The presentation of information for this can be found under item 4B.
Councilmember Maryline Blackburn made a motion to approve Ordinance 2019-01 -
Annexation request (100% owners requesting annexation) - of all tract of land lying and
being in Land Lot 519, 17th District, 2nd Section, Cobb County, Georgia, a total of
0.113 acre tract, being known as 2475 Adams Drive, Smyrna GA 30080. The effective
date will be March 1, 2019 and reside in Ward 3. Councilmember Derek Norton
seconded the motion.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson and
Councilmember Gould
Absent: 1 - Councilmember Fennel
D. Final Vote - Variance Request - V19-007 & 008 - Reduction of the front
setback from 35' to 15' and reduction of the rear setback from 30' to 15,
for the construction of a new home - 0.113 Acres - Land Lot 519 - 2475
Adams Drive - Ronald Dickinson
Sponsors: Blackburn
Public hearing and the presentation of information for this can be found under item 4B.
Councilmember Maryline Blackburn made a motion to approve variance request -
V19-007 & 008 - Reduction of the front setback from 35' to 15' and reduction of the rear
setback from 30' to 15' for the construction of a new home - 0.113 Acres - Land Lot 519
- 2475 Adams Drive - Ronald Dickinson. Councilmember Derek Norton seconded the
motion.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson and
Councilmember Gould
Absent: 1 - Councilmember Fennel
E. ORD2019-03 Public Hearin - Code Amendment to the Zoning Ordinance to update
section 908 in regards to the loading space requirements - City of
Smyrna
Sponsors: Gould
Mayor Bacon announced the Items 4E through 41 are all amendments to the Zoning
Ordinance and the Public Hearing and presentation of information will be held
collectively.
City Administrator Tammi Saddler Jones gave the background information. While
reviewing the Zoning Ordinance, staff found several typing errors and discrepancies
that need to be updated to reflect the current standards. Senior Planner, Rusty Martin,
will be presenting the information.
The Mayor read aloud all five of the code amendments that were to be discussed and
voted upon.
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Mayor Bacon then opened the public hearing, and no one came forward.
Senior Planner, Russell Martin presented each of the amendments and offered
explanations for the changes. While reviewing the Zoning Ordinance, staff found
several typing errors that needed to be updated to reflect the current standards within
Section 908 which focuses on loading space requirements. In the required loading
berths table, there were a few areas that have overlapping requirements, which can
cause confusion over which requirement to follow. By clarifying the gross floor area, it
eliminates any confusion and potential problems with the loading berth requirements.
Community Development Department recently reviewed Article Xlll of the Zoning
Ordinance related to the building permit process. There were a few discrepancies
between how the Ordinance currently reads and what is being implemented through the
Community Development Department. To improve the permitting process and eliminate
any inconsistencies, Community Development is proposing to amend Sections 1304,
1305, and 1306 of the Zoning Ordinance, which relate to the permitting requirements,
the duration of permits and the issuance of Certificate of Occupancies. The City
Zoning Ordinance does not currently provide a parking requirement for guest parking in
townhome and condominium communities. Community Development is proposing
adding a minimum parking standard in the Zoning Ordinance for guest parking in
townhome and condominium communities. The Community Development Department
recently reviewed Appendices F, G, H, and I of the City's Code of Ordinance related to
urban design guidelines along the Atlanta Road, Spring Road, South Cobb Drive and
Windy Hill Road. To eliminate any inconsistencies and redundancies, Community
Development is proposing to repeal Appendices F, G, H, and I of the Code of
Ordinance. While reviewing Section 717 of the Zoning Ordinance to repeal several
related appendices, Community Development staff noticed a few changes within
Section 717 that were required to match what is currently enforced. In addition, the
Community Development Department cleaned up any existing typing or grammatical
errors. All of the aforementioned Zoning Code Amendments were heard the by the
Planning and Zoning Commission on December 10, 2018 and were recommended for
approval by a vote of 7-0.
Ms. Wilkinson inquired about something listed in the appeal procedure in regards to
the UDC. Mr. Martin stated that it was an oversight and will be corrected.
Mr. Norton thanked staff for going through and finding the discrepancies.
Mr. Gould clarified that nothing of significance was being changed and that everything
could be categorized under general housekeeping which Mr. Martin confirmed.
Councilmember Wilkinson asked for some further clarification regarding the urban
design guidelines. Mr. Martin explained that the changes just made the guidelines
uniform across the Zoning Ordinance.
Mayor Bacon again invited anyone seeking to make comment to come to the podium.
No one came forward, so the public hearing was closed.
Mr. Gould thanked Community Development for working on the task of making the
corrections which makes it easier for people to do business in the City of Smyma.
Councilmember Tim Gould made a motion to approve ORD2019-03 Code Amendment
to the Zoning Ordinance to update section 908 in regards to the loading space
requirements - City of Smyrna with a second by Councilmember Derek Norton.
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The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson and
Councilmember Gould
Absent: 1 - Councilmember Fennel
F. ORD2019-04 Public Hearina - Code Amendment to the Zoning Ordinance to update
the building permit requirements - City of Smyrna
Sponsors: Gould
The public hearing and presentation of information for this can be found under item
4E.
Councilmember Tim Gould made a motion to approve ORD2019-04 Code Amendment
to the Zoning Ordinance to update the building permit requirements - City of Smyrna
with a second by Councilmember Derek Norton.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson and
Councilmember Gould
Absent: 1 - Councilmember Fennel
G. ORD2019-06 Public Hearing - Code Amendment to the Zoning Ordinance to add
guest parking for townhome and condominium communities - City of
Smyrna
Suonsors: Gould
The public hearing and presentation of information for this can be found under item
4E.
Councilmember Tim Gould made a motion to approve ORD2019-06 Code Amendment
to the Zoning Ordinance to add guest parking for townhome and condominium
communities - City of Smyrna with a second by Charles "Corkey" Welch.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson and
Councilmember Gould
Absent: 1 - Councilmember Fennel
H. ORD2019-07 Public Hearing - Code Amendment to the City's Code of Ordinance to
repeal Appendices F, G, H, and I - City of Smyrna
Sponsors: Gould
The public hearing and presentation of information for this can be found under item
4E.
Councilmember Tim Gould made a motion to approve ORD2019-07 Code Amendment
to the Zoning Ordinance to repeal Appendices F, G, H, and I - City of Smyrna with a
second by Councilmember Charles "Corkey" Welch.
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S.
S.
A.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson and
Councilmember Gould
Absent: 1 - Councilmember Fennel
ORD2019-08 Public Hearing - Code Amendment to the Zoning Ordinance to update
Section 717 - City of Smyrna
Sponsors: Gould
The public hearing and presentation of information for this can be found under item
4E.
Councilmember Tim Gould made a motion to approve ORD2019-08 Code Amendment
to the Zoning Ordinance to update Section 717 - City of Smyrna; a second was made
by Councilmember Derek Norton.
The motion to approve carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson and
Councilmember Gould
Absent: 1 - Councilmember Fennel
Privilege Licenses:
There were no privilege licenses.
Formal Business:
2019-53 Authorization to increase sewer rate per thousand gallons from $7.25 to
$8.10 effective February 1, 2019, to be billed on the March 2019 bills. To
recognize that Cobb County Water approved an 11.6% increase to the
wholesale sewer rate charged to the Cities effective January 1, 2019.
Sponsors: Fennel
Ms. Saddler Jones provided the background information for this agenda item. Cobb
County increased the per thousand gallon sewer rate charged to the City from $4.22 to
$4.71 effective on the February 2019 bill (for January usage) without any prior
notification to the City of Smyrna. This is an increase of $0.49 or 11.61 % on the
February bill. Based on consumption, this will be an additional $50, 000 worth of fees
on the City's monthly bill. The new rate will be effective for February usage.
Notification, as well as the new rate, will be on the March bill (for February usage). The
last increase done by Cobb County was about seven years ago. Staff recommended
approval.
Mayor Bacon asked Councilmember Welch to handle the agenda item since Mr.
Fennel was absent.
Mr. Welch restated that the increase to City residents was due to an increase at the
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County level. He also said that he would have preferred a smaller annual increase
rather than the large increase all at once.
Councilmember Charles "Corkey" Welch made a motion to approve and authorize to
increase sewer rate per thousand gallons from $7.25 to $8.10 effective March 1, 2019
with a second by Councilmember Tim Gould.
Motion to approve was carried by the following vote:
Aye: 4 - Councilmember Norton, Councilmember Blustein, Councilmember Welch
and Councilmember Gould
Nay: 2 - Councilmember Blackburn and Councilmember Wilkinson
Absent: 1- Councilmember Fennel
B. _ Approval of Cobb Framework Agreement ("CFA') between Cobb County
Georgia and The City of Smyrna, Georgia for Nickajack Road Quiet Zone
Railroad Crossing Project funded by SPLOST for $108,750.00 and the
County will contribute $326,520.00 for a total cost of $435,000.00.
S o� na�ors: Fennel
A summary of the background information was presented to Council by City
Administrator Saddler Jones. The Quiet Zone project involves the design and
installation of a new quiet railroad crossing. The crossing is located on Nickajack
Road in Cobb County approximately 0.25 miles Northwest of the intersection with
Cooper Lake Road. The project is SPLOST funded with the County contributing
$326,250.00 of the $435,000.00 total project cost. The City will contribute the
remaining $108, 750.00 dollars. The Cobb Framework Agreement (CFA) must be
approved in order to move the project into the design phase. Cobb County will be the
primary party responsible for coordinating the design/engineering and construction
phases of the project. Both Public Works and Engineering Departments recommended
approval.
Mr. Welch made known that this project was part of the 2016 SPLOST and that the
majority of the expense is being handled by the County.
Councilmember Charles "Corkey" Welch made a motion to approve the Cobb
Framework Agreement ("CFA") between Cobb County Georgia and The City of
Smyrna, Georgia for Nickajack Road Quiet Zone Railroad Crossing Project funded by
SPLOST for $108,750.00 and the County will contribute $326,520.00 for a total cost of
$435,000.00. The motion was seconded by Councilmember Derek Norton.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson and
Councilmember Gould
Absent: 1 - Councilmember Fennel
C. 2019-42 Approval to accept a Federal Highway Administration (FHWA) Federal
Aid Grant funded by the Surface Transportation Block Grant Program
(STBG) and awarded through the Georgia Department of Transportation
(GDOT) and the Atlanta Regional Commission (ARC) in the amount of
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$300,000 and authorize the Mayor to execute the Subgrant Agreement
and related documents on behalf of the City of Smyrna.
Sponsors Gould
Ms. Tammi Saddler Jones reviewed the pertinent information for this agenda item.
She explained that the purpose of the grant is to fund a study that will provide an
analysis, a preferred plan and strategy for addressing the future transportation and land
use issues and opportunities related to the development of transit systems serving the
City of Smyrna. The original grant application (the 2017 TIP Project
Solicitation -Studies and Non -Capital Investment Application) was authorized for
submittal by Mayor and Council in May 2017 and requested a grant of $400, 000. The
city allocated the required match amount of $100, 000 as a CIP budget item in the
FYI budget. In December of 2017, the city was notified that the grant amount
awarded was $300, 000. This subsequently reduced the required match from the city
from $100,000 to $75,000. Due to funding delays at the Georgia Department of
Transportation the contract was not officially forwarded to the city until this month. A
Request for Proposal (RFP) will be issued for the purpose of selecting a consultant to
conduct the transit study on the City's behalf. Community Development staff
recommended approval.
Councilmember Gould thanked Community Development for their hard work and
persistence in obtaining the grant. He looks forward to the reviewing and utilizing the
information that comes out as a result of the study.
Councilmember Tim Gould made a motion to approve to accept a Federal Highway
Administration (FHWA) Federal Aid Grant funded by the Surface Transportation Block
Grant Program (STBG) and awarded through the Georgia Department of Transportation
(GDOT) and the Atlanta Regional Commission (ARC) in the amount of $300,000 and
authorize the Mayor to execute the Subgrant Agreement and related documents on
behalf of the City of Smyrna. The motion was seconded by Councilmember Susan
Wilkinson.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson and
Councilmember Gould
Absent: 1 - Councilmember Fennel
7. Commercial Building Permits:
There were no commercial building permits.
8. Consent Agenda:
City Administrator Tammi Saddler Jones read the consent agenda aloud to the Mayor
and Council.
Councilmember Maryline Blackburn made a motion to approve the consent agenda as
read aloud by City Administrator Tammi Saddler Jones with a second by
Councilmember Derek Norton.
The motion to approve was carried by the following vote:
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A.
B.
C.
10
9.
10.
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson and
Councilmember Gould
Absent: 1 - Councilmember Fennel
2019-61 Approval of the February 4, 2019 Mayor and Council Meeting Minutes
Sponsors: City Council
2019-62 Approval of the February 4, 2019 Pre Council Meeting Minutes
Sponsors: City Council
2019-46 Approval of the January 31, 2019 Committee of the Whole Meeting
Minutes
2019-40 Approval of the FY18 Edward Byrne Memorial Justice Assistance Grant
(JAG) in the amount of $15,329.00 for the purchase of Wanco Message
Board Sign and Trailer and have the Mayor sign any related documents.
Sponsors: Norton
Committee Reports:
Mr. Derek Norton thanked the Parks and Rec Department and Staff for putting on the
Daddy/Daughter Dance. He and his daughter had a wonderful time.
Ms. Maryline Blackburn thanked the Ward 3 residents that came out and attended the
meeting. She welcomed new staff to the City. Ms. Blackburn spoke of a lecture on
Tunis Campbell that was held in the Library for Black History Month and said it was an
incredible experience.
Mr. Charles "Corkey" Welch thanked everyone who came out to the recent Arbor Day
festival as there were many in attendance. He also thanked all of the citizens that
attended the Budget Input meeting that took place on February 11, 2019 at the
Community Center.
Ms. Susan Wilkinson announced that Gloria Stowers, from the Cobb Cluster of the
Southern Order of Storytellers will visit the Library on Thursday, February 28, 2018 at
4:00pm in the meeting room. She will share stories based on the book, Henry's
Freedom Box by Ellen Lavine in honor of Black History Month.
Mr. Tim Gould congratulated the Campbell High School Girls' Varsity Basketball team
for winning their first playoff game. He also gave a big thanks to Parks and Rec for
their recent work on the baseball field that the City partners with the high school. Mr.
Gould announced that applications for the Citizens Academy were now available and
invited everyone to apply. Last, but not least, he thanked the Community Development
Department for their recent informative meeting regarding economic development as it
relates to attracting and keeping new businesses in the City.
Show Cause Hearings:
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11. Citizen Input:
12. Adjournment:
There were no show cause hearings.
Elesia Glover, 1693 Donna Lynn Drive, came to speak about the Unity in the
Community event. She highlighted the upcoming Black Heritage Celebration which will
take place on Saturday, February 23, 2019 beginning at noon at the Community
Center. There will be music, food, speakers, and a children's area as well. She
invited everyone to come out and be part of the festivities.
Lisa Adeleke, 4257 Mill Grove Lane SW, signed up to speak about the Black Heritage
Celebration. She has lived in the City for a little over ten years and loves living in
Smyma. She was excited about the upcoming event and how it highlights the city's
diversity. Ms. Adeleke concluded by thanking Councilwoman Blackburn for
spearheading the Unity in the Community event.
Temi Alexander, 2289 South Cobb Drive, also came to speak about the Black
Heritage Celebration. She felt that the event will be wonderful for people of all ages
and she highlighted some of the many things that will be going on including authentic
African food tasting, music, as well as a fashion show. Ms. Alexander invited everyone
present at the meeting to attend the celebration.
Mayor Bacon adjourned the February 18, 2019 Mayor and Council Meeting at 8:32 PM.
City of Smyma Page 13 Printed on 3H12019
February 18, 2019 MAYOR AND COUNCIL MEETING
A. MAX BACON, MAYOR
ANDAEA BLUSTE N, WARD 2
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CHARLES A.WELCH, WARD 4
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TIM GOULD, WAkD 6
TERRI GRAHAM, CITY CLERK
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D REK NORTON, WARD I
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A L s er�� *;e'—r
RON FENNEL, WARD 7
OFFICIAL
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Annexation Ordinance # 2019-01
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number: 2019-01
Land Lot: 519
Parcel # 17051900580
Acres Approximately 0.113 acres
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" and Exhibit "B"
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" and Exhibit `B".
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 18th day of February, 2019
A. Max Bacon, Mayor
Terri Graham, City Clerk
City of Smyrna
Scott Cochran, City Attorney
City of Smyrna
r
L E G A L D E S C R. l P T ;I Q N
247.5 Adams DriTe
All of that tract or parcel of 1an.d: lying and being in :Land
Lot 5:19 of the 17th District, 2nd Section. of Cobb County, Georgia
being more particularly described.as follows;
Beginning at a point where the. Northern Right-of-Way.of
Pierce AvenueIntersects with the Eastern, right -of -Way of Adams
Drive;, T'RENGE North, 00 degrees 10 rifinUtes 47 seconds West for a.
distance of 99.41 :feet to a point being the Point of' Beginning.
THENCE North 00 degrees 10 minutes 47 seconds West for a
distance of 69.97 feet to a point;
THENCE North 88 degrees 56 minutes 16.seconds East for a
distance, of 70.66 feet to a point;
THENCE South 00 .degrees 39 minutes 29.seconds. West for a
distance of 7.0.00 feet to a.point;
THENCE South.88 degrees 56 minutes 28 seconds' west for a
distance of, 69.64 feet to a:p.o.int being the Point of Beginning.
Together with. and subject to covenants, easements, and
restrictions of record.
Said property contains 0.113 acres more or less.
I
CITY OF SMYRNA
ZONING AMENDMENT
ORDINANCE 2019-03
ORDINANCE 2019-03
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES (ZONING), SECTION 908 OF THE CODE
OF ORDINANCES OF THE CITY OF SMYRNA
BE IT ORDANINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA
WHEREAS, State law provides that the governing authority of each municipal corporation shall
have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its
property, affairs, and local government for which no provision has been made by general law; and
WHEREAS, the Mayor and Council of the City of Smyrna are charged with the protection of
the public health, safety, and welfare; and
WHEREAS, the Mayor and Council now wish to update the City of Smyrna Code of
Ordinances regarding Section 908 of the City's Zoning Ordinances
NOW, THEREFORE, the Mayor and Council of the City of Smyrna, pursuant to their
authority, do hereby adopt the following amendments.
Subsections of Section 908 of the Zoning Ordinance shall be amended to correct typing errors. The
proposed sections shall read as follows (amended portions are underlined or deleted).
ARTICLE IX. — OFF-STREET PARKING AND LOADING REQUIREMENTS
Sec. 908.- Required loading spaces.
The number of spaces required for a particular use shall be as follows:
(908.1) Retail operations, and all first -floor nonresidential uses, with a gross floor area of less than
20,000 square feet, and all wholesale and light industrial operations with a gross floor area of less than
10,000 square feet: One loading space.
(908.2) Retail operations, including restaurant and dining facilities within hotels and office buildings,
with a total usable floor area of 20,000 square:feet or_more devoted to
such purposes: One loading berth for every 40,000 square feet of floor area or fraction thereof; one
loading space for every 20,000 square feet of floor area or fraction thereof.
(908.3) Office buildings and hotels with total usable floor area of 100,000 square feet or more devoted
to such purposes: One loading berth for every 100,000 square feet of floor area or fraction thereof.
L_.
CITY OF SMYRNA
ZONING AMENDMENT
ORDINANCE 2019-03
(908.4) Industrial and wholesale operations with a gross floor area of 10,000 square feet or over shall
conform to the following schedule:
Gross Floor Area
Required Loading Berths
10,000 - 39,999 square feet
1
40,000 - 99,999 square feet
2
100,000-159,999 square feet
3
160,000 - 239,999 square feet
4
240,000 - 319,999 square feet
5
320,000 - 400,000 square feet
6
Each 90,000 above 400,000 square feet
1
Renumbering. It is the intention of the Mayor and Council, and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of
Smyrna, Georgia and the sections of this Ordinance may be renumbered to accomplish such intention.
The above Ordinance was read and approved by the Mayor and Council of the City of Smyrna,
Georgia, on the 181h day of February 2019.
Max Bacon, Mayor
Attest:
Terri Graham, City Clerk
SEAL
As to form:
Scott Cochran, City Attorney
OFFICIAL
9 -
SEAL
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City of Smyrna
Zoning Amendment
Ordinance 2019-04
ORDINANCE 2019-04
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES (ZONING), APENDIX A, ARTICLE
XII, ADMINISTRATION, ENFORCEMENT, PENALTIES AND REMEDIES,
SECTIONS 1304,1305,1306 OF THE CODE OF ORDINANCES OF THE CITY OF
SMYRNA
BE IT ORDANINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA
WHEREAS, State law provides that the governing authority of each municipal
corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or
regulations relating to its property, affairs, and local government for which no provision has been
made by general law; and
WHEREAS, the Mayor and Council of the City of Smyrna are charged with the
protection of the public health, safety, and welfare; and
WHEREAS, the Mayor and Council now wish to update the City of Smyrna Code of
Ordinances regarding Appendix A, Article XII, Administration, Enforcement, Penalties and
Remedies, Sections 1304, 1305, 1306 of the City's Zoning Ordinances
NOW, THEREFORE, the Mayor and Council of the City of Smyrna, pursuant to their
authority, do hereby adopt the following amendments.
Subsections of Section 1304 of the Zoning Ordinance shall be amended to conform to existing
requirements. The proposed sections shall read as follows (amended portions are underlined or
deleted).
ARTICLE XIII. — ADMINISTRATION, ENFORCEMENT, PENALTIES AND
REMEDIES
See. 1304.- Application for building permit.
All applications for building permits shall be made to the building inspector. Residential stand-
alone permits(plumbing, electrical. and mechanical: excluding structural work) do not require
Tans. unless rep uested by the Chief Building Official. Any building permit shall be accompanied
by complete plans in duplicate, drawn to scale, which shall have been prepared by an architect,
engineer or land surveyor whose state registration is current and valid, and whose seal shall be
affixed to the plan submitted. The Chief Building} Official is authorized to waive the submission
ofplans if it is found that the nature of the work applied for is not necessary to obtain compliance
with the current building code.
L. 1
City of Smyrna
Zoning Amendment
Ordinance 2019-04
Such plan(s) shall show the following:
(1304.1) The actual shape and dimensions of the lot to be built upon.
(1304.2) The sizes and locations on the lot of any existing buildings.
(1304.3) The shape, size, height, use and the location on the lot of the building
or structure proposed to be built, erected or altered.
(1304.4) Such other information as may be necessary to provide for the
enforcement of the provisions of this ordinance.
Subsections of Section 1305 of the Zoning Ordinance shall be amended to clarify language. The
proposed sections shall read as follows (amended portions are underlined or deleted).
ARTICLE XIII. — ADMINISTRATION, ENFORCEMENT, PENALTIES AND
REMEDIES
Sec. 1305.- Duration of permit validity.
A building permit, excluding those permits issued for the construction of residential buildings,
shall be valid for a period of two years from the date of its issuance. If the work described in the
building permit has not begun within six months, or has not been completed within two years of
the date of issuance thereof, said permit shall expire. A building permit issued for the construction
of a residential building shall be valid for a period of six months from its date of issuance. If the
work described in the building permit has not been inspected within six months of the date of
issuance thereof, said permit shall expire.
(Ord. of 12-29-77, § 1)
Subsections of Section 1306 of the Zoning Ordinance shall be amended to reflect current
Community Development procedures. The proposed sections shall read as follows (amended
portions are underlined or deleted).
ARTICLE XIII. — ADMINISTRATION, ENFORCEMENT, PENALTIES AND
REMEDIES
Sec. 1306.- Certificate of occupancy required.
A certificate of occupancy issued by the building inspector is required in advance of the use or
occupancy of -
(a) Any lot or a change or extension in the use thereof.
(b) A building hereafter erected or a change in the use of an existing building.
City of Smyrna
Zoning Amendment
Ordinance 2019-04
(c) Nothing contained herein shall require a user to comply with minimum setback or
side yard requirements for use of an existing structure.
A certificate of occupancy, either for the whole or a part of a building, shall be applied for
coincident with the application for a building permit and shall be issued within ten days after the
erection or structural alterations of such building, or part thereof, shall have been completed in
conformity with the provisions of this ordinance. A certificate of occupancy shall not be issued
unless the lot, building or structure, or use thereof complies with all the provisions of this
ordinance. If the certificate of occupancy is denied, the building inspector shall state in writing
the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates
shall be kept on file in the office of the building inspector and copies shall be furnished on
request to any person having a proprietary or tenancy interest in the building or land involved.
Renumbering. It is the intention of the Mayor and Council, and it is hereby ordained that
the provisions of this Ordinance shall become and be made a part of the Code of Ordinances,
City of Smyrna, Georgia and the sections of this Ordinance may be renumbered to accomplish
such intention.
The above Ordinance was read and approved by the Mayor and Council of the City of
Smyrna, Georgia, on the 18t" day of February 2019.
A. Max Bacon, Mayor
Attest:
Terri Graham, City Clerk
OF 84,1
SEAL
OFFICIAL -
SEAL =
As to form:G SO
��JJJ1111111�`
Scott Cochran, City Attorney
City of Smyrna
Zoning Amendment
Ordinance 2019-06
ORDINANCE 2019-06
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES (ZONING), APENDIX A, ARTICLE
IX, OFF-STREET PARKING AND LOADING REQUIREMENTS, SECTION 906 OF
THE CODE OF ORDINANCES OF THE CITY OF SMYRNA
BE IT ORDANINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA
WHEREAS, State law provides that the governing authority of each municipal
corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or
regulations relating to its property, affairs, and local government for which no provision has been
made by general law; and
WHEREAS, the Mayor and Council of the City of Smyrna are charged with the
protection of the public health, safety, and welfare; and
WHEREAS, the Mayor and Council now wish to update the City of Smyrna Code of
Ordinances regarding Appendix A, Article IX, Off -Street Parking and Loading Requirements,
Section 906 of the City's Zoning Ordinances
NOW, THEREFORE, the Mayor and Council of the City of Smyrna, pursuant to their
authority, do hereby adopt the following amendments.
Subsections of Section 906 of the Zoning Ordinance shall be amended to add a guest parking
requirement. The proposed sections shall read as follows (amended portions are underlined or
deleted).
ARTICLE IX. — OFF-STREET PARKING AND LOADING REQUIREMENTS
Sec. 906.- Required parking spaces.
Off-street automobile parking space shall be provided on every lot on which any of the following
uses are hereafter established. The number of automobile parking spaces shall be at least as great
as the number specified herein.
(906.1) Automobile repair garages: One space per 150 square feet of gross floor area.
(906.2) Automobile service station: Three spaces for each service bay, plus one space for
every two employees, with a minimum of five spaces required.
City of Smyrna
Zoning Amendment
Ordinance 2019-06
(906.3) Business, professional offices and clinics: One space per 250 square feet of gross
floorspace, with the exception of halls, foyers, bathroom areas, elevators or other non -
tenant floorspace.
(906.4) Bowling alleys: Five spaces per alley.
(906.4.1) Central business district parking requirements: The construction of new
buildings in the CBD requires the providing of new off-street parking according to the
following minimum standards. It is not necessary for a developer to provide parking on
the same lot as the building, provided he provides the parking on land he[/she] owns or
leases for a five-year minimum located within 400 feet of the building.
(1) New office and commercial uses which contain more than 10,000 square feet
of gross floor area and are located on lots with a street frontage of 40 feet or
more must provide parking at the rates specified below:
Floor Area Parking Spaces
(per 1,000 s . ft.
10,000 sq. ft. and up 1.0 for each
1,000 s . ft.
(2) Hotels and motels, 0.5 spaces/room.
(3) Dwellings, 1.0 space/unit; senior citizens, 0.5 space/unit.
(4) Existing floor area in renovated and rehabilitated buildings are exempt
from these requirements.
(5) The minimum dimension for parking spaces within this district is eight feet
in width and 16 feet in length.
(906.5) Churches and other places of worship: One space per four seats in the main
auditorium.
(906.6) Commercial, manufacturing and industrial establishments not catering to retail
trade: One space per 2,000 square feet of gross office, plant or storage area.
(906.7) Delivery, ambulance and other similar services: One space for each vehicle plus
one additional space for each two administrative or service employees.
(906.8) Single- and two-family dwellings: Two spaces per dwelling unit.
(906.9) Food stores: One space per 100 square feet of gross floor area.
(906.10) General business, commercial or personal service establishments catering to
retail trade but not including food stores: Five and one-half spaces per 1,000 square feet
of gross floor area.
City of Smyrna
Zoning Amendment
Ordinance 2019-06
906.10.1 Guest paLking 16r townhome and condominium communities: Ones ace per
25 percent of the total units.
(906.11) Hospitals, sanitariums, nursing homes, homes for the aged and similar
institutional use: One space per two beds.
(906.12) Lodges, fraternal or social organizations: One space per 150 square feet of
gross floor area.
(906.13) Motels, tourist homes and hotels: One and one -quarter spaces per unit
(906.14.1) Multifamily, apartment developments: One and three-quarter parking spaces
for each dwelling unit. For a club building or similar facility, which is an accessory use
to a multifamily project, one space per 200 square feet of gross floor area is required.
(906.14.2) Multifamily, high-rise apartment developments (standard): One and three-
quarter parking spaces per dwelling unit.
(906.14.3) Multifamily, high-rise apartment developments (senior citizen): One-half
parking space per dwelling unit.
(906.15) Public swimming pool, golf course, neighborhood recreation center or similar
use: A minimum of 20 spaces except that an 18-hole golf course shall have a minimum
of 40 spaces.
(906.16) Private swimming pool, golf course, neighborhood recreation center or similar
use: One space per five members but not less than 20 spaces except that golf courses
shall require a minimum of 20 spaces per nine holes.
(906.17) Restaurants, nightclubs, taverns and similar establishments serving food or
beverages and providing patron use area: One space per 75 square feet of gross floor
area.
(906.18) Restaurants, drive-in, without area provided for patron use: One space per 100
square feet of gross floor area, but not less than ten spaces.
(906.19) Shopping centers and developments: Four and one-half spaces per 1,000 square
feet of gross floor area.
(906.20) Schools, public or private elementary: Two spaces per classroom.
(906.21) Schools, public or private secondary: Five spaces per classroom.
(906.22) Schools, college, trade and vocational: Ten spaces per classroom.
City of Smyrna
Zoning Amendment
Ordinance 2019-06
(906.23) Skating rinks, dancehalls, pool rooms and other places of amusement or
assembly without fixed seating: One space per 200 square feet of gross floor area.
(906.24) Theaters, auditoriums, funeral homes, gymnasiums, stadiums and other places
of assembly with fixed seating: One space per three seats.
(906.25) Theaters, auditoriums, funeral homes, gymnasiums, stadiums and other places
of assembly without fixed seating: One space per 25 square feet of floor area available
for the accommodation of movable seats in the largest assembly room.
(906.26) Wholesale or jobbing establishment or other similar use: One space per 200
square feet of gross floor area devoted to sales or display plus one space per 2,000 square
feet of gross storage area.
(906.27) Warehouses, mini: Four spaces minimum plus one space per 2,000 square feet
of gross storage area in excess of 8,000 square feet, provided in the event the development
contains an apartment, the minimum spaces shall be increased to six spaces.
(Ord. No. 2017-02, 1-17-17)
Renumbering. It is the intention of the Mayor and Council, and it is hereby ordained that
the provisions of this Ordinance shall become and be made a part of the Code of Ordinances,
City of Smyrna, Georgia and the sections of this Ordinance may be renumbered to accomplish
such intention.
The above Ordinance was read and approved by the Mayor and Council of the City of
Smyrna, Georgia, on the 181h day of February 2019.
Max Bacon, Mayor
Attest:
lzz�'e'� - 3d���
Terri Graham, City Clerk OF S f ,
SEAL = OFFICIALr
SEAL
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As to orm:
GE09' `\�.
Scott Cochran, City Attorney
City of Smyrna
Zoning Amendment
Ordinance 2019-07
ORDINANCE 2019-07
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES (ZONING),
TO REPEAL APPENDIX F, G, H AND I FROM THE CODE OF
ORDINANCES OF THE CITY OF SMYRNA
BE IT ORDANINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA
WHEREAS, State law provides that the governing authority of each municipal
corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or
regulations relating to its property, affairs, and local government for which no provision has been
made by general law; and
WHEREAS, the Mayor and Council of the City of Smyrna are charged with the
protection of the public health, safety, and welfare; and
WHEREAS, the Mayor and Council now wish to update the City of Smyrna Code of
Ordinances regarding Appendix F, G, H, I:
Repeal Appendix F
Repeal Appendix G
Repeal Appendix H
Repeal Appendix I
from the City's Code of Zoning Ordinances.
NOW, THEREFORE, the Mayor and Council of the City of Smyrna, pursuant to their
authority, do hereby adopt the following amendments.
Renumbering. It is the intention of the Mayor and Council, and it is hereby ordained that
the provisions of this Ordinance shall become and be made a part of the Code of Ordinances,
City of Smyrna, Georgia and the sections of this Ordinance may be renumbered to accomplish
such intention.
City of Smyrna
Zoning Amendment
Ordinance 2019-07
The above Ordinance was read and approved by the Mayor and Council of the City of
Smyrna, Georgia, on the 18th day of February 2019.
Max Bacon, Mayor
Attest:
Terri Graham, City Clerk
SEAL
As 0 form:
Cochran, City
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OFFICIAL
SEAL
Av •GEO�C�
1111111
City of Smyrna
Zoning Amendment
Ordinance 2019-08
ORDINANCE 2019-08
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES (ZONING), APENDIX A, ARTICLE
VII, USE PROVISIONS, SECTION 717, [CDD] CORRIDOR DESIGN DISTRICTS, OF
THE CODE OF ORDINANCES OF THE CITY OF SMYRNA
BE IT ORDANINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA
WHEREAS, State law provides that the governing authority of each municipal
corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or
regulations relating to its property, affairs, and local government for which no provision has been
made by general law; and
WHEREAS, the Mayor and Council of the City of Smyrna are charged with the
protection of the public health, safety, and welfare; and
WHEREAS, the Mayor and Council now wish to update the City of Smyrna Code of
Ordinances regarding Appendix A, Article VII, Use Provisions, Section 717, [CDD] Corridor
Design Districts, of the City's Zoning Ordinances
NOW, THEREFORE, the Mayor and Council of the City of Smyrna, pursuant to their
authority, do hereby adopt the following amendments.
Subsections of Section 717 of the Zoning Ordinance shall be amended to correct typing and
grammatical errors and to relocate claming language to appropriate subsection. The proposed
sections shall read as follows (amended portions are underlined or deleted).
ARTICLE VII. — USE PROVISIONS
Sec. 717.- [CDD], corridor design districts.
The intent of this section in establishing the (CDD) overlay districts is to promote orderly
development of urban transportation corridors into mixed, but compatible uses, which implement
the urban design concepts of the City of Smyrna Comprehensive Plan; complement the current
development of the Central Business District; promote economic development of the city;
promote high quality residential neighborhood development; enhance existing neighborhoods;
minimize safety hazards to vehicles and pedestrians; and enhance the quality of life for Smyrna's
citizens. These overlay districts shall include:
CDD-1 Atlanta Road
CDD-2 Spring Road
CDD-3 Windy Hill Road
.J
City of Smyrna
Zoning Amendment
Ordinance 2019-08
CDD-4 South Cobb Drive
CDD-5 Concord Road
Section I.- General Considerations
(717.1) Background. An accelerating economic revitalization is occurring on the major
arterial corridors leading into the Central Business District of Smyrna and on South Cobb
Drive. Much of this construction involves redevelopment or renovation of existing
structures. In many sections of these corridors, the parcel geometry, building setbacks,
vehicle access, signage and landscaping are obsolescent. These legacies represent the
technologies and economic activities of past decades. Redevelopment offers the
possibility of correcting features of the streetscape that are no longer appropriate, while
contributing to the general economic development of the city.
Certain areas of Smyrna, particularly Atlanta Road, contain historical structures or
buildings with distinct architectural styles which contribute to the quality of life of its
citizens. The CDD overlay zones provide incentives for owners to preserve the integrity
of historic buildings or architectural styles, while adapting them to current economic
conditions. The design standards within these district regulations are very general, and
do not have the specificity typically found in regulations for certified historic districts or
landmarks. Nevertheless, owners of historic structures are urged to seek professional
assistance when anticipating changes in external appearance, so that their original
aesthetic integrity may be maintained.
The Corridor Design Districts (CDD) have been delineated by the City of Smyrna under
its powers to regulate land use. They are composed of all parcels, tracts and structures
located within their prescribed boundaries. Standards adopted for these districts include
building setback lines; building heights; building spatial relationships; location and
screening of parking; landscaping; signage location and specifications; location of
building entrances; minimum and maximum lot sizes; conservation of significant natural
features; pedestrian amenities; historical integrity; and general compatibility of
architectural styles. The standards and regulations applying to the Corridor Design
Districts are only mandatory for new construction, additions and site improvements.
Projects involving only interior renovations; no change in gross floor areas; or no changes
of signage are not subject to compliance with CDD regulations.
Several other codes and documents regulate construction in Smyrna. Federal and state
adopted codes protecting safety of life and the access rights of disabled citizens shall
have jurisdiction over any local governmental codes. Certain establishments such as
nursing homes, day care centers, restaurants and hostelries have additional federal and
state public health standards applied to them. Public health codes do not supersede zoning
regulations, but rather they must be mutually compatible.
(717.2) Developmental history. Smyrna's urban fabric developed over a period of 150
years in response to a series of transportation improvements. Initially, crossroads hamlets
sprang up along old Native American trading paths. In 1845 the Western and Atlantic
4:1
City of Smyrna
Zoning Amendment
Ordinance 2019-08
Railroad closely paralleled the old trail leading between the Native American villages of
Standing Peachtree and Etowah. Then, commercial and institutional buildings located
near the intersection of Spring Street and Atlanta Road. The most important impetus for
growth, however, arrived at the end of the 19th Century with the construction of the
Atlanta and Marietta Electric Railway, an interurban transit line. During the next 40
years, numerous residential subdivisions and neighborhood shops were built next to
transit shops. Small stores also began to spread down Spring Street, West Spring Street
and Roswell Street.
During the 1920's and 1930's, the rough wagon roads were widened and paved. Atlanta
Road became a section on the Dixie Highway, the main road between the Midwest and
Florida. It began to experience increased auto -oriented commercial development. The
other streets in Smyrna remained essentially residential in character. West of the railroad
tracks, what is now known as Windy Hill Road, was named Cherokee Street and Jones
Shaw Road. Roswell Street was probably the most important east -west connector.
Concord Road quickly became a rural farm road as it departed the town limits.
The post -World War II era brought major physical changes to Smyrna. The early 1950's
saw the construction of both major interurban highways and the first shopping centers.
Both developments caused radical changes in Smyrna's urban fabric. The completion of
four -lane U.S. 41 east of Smyrna shifted most intercity traffic away from Smyrna.
Belmont Plaza shifted the destination of most east -west traffic to the north of the original
town core. Jones Shaw Road, Cherokee Street and Windy Hill Road became very
important arteries. During the late 1950's and early 1960's, these streets along with
Concord Road and Spring Street experienced intensive residential development, typically
brick ranchers on %4-1/z acre lots. During the early sixties, South Cobb Drive was
constructed as an entirely new multilaned thoroughfare. One of Atlanta's first shopping
malls, Cobb Center opened at this time. By the late 60's, the sections of Windy Hill and
Concord Roads near Atlanta Road were commercializing and Interstate 75 had been
completed as far as Marietta. Smyrna's land development patterns were rapidly becoming
incompatible with the exploding traffic volumes of the Atlanta metropolitan area.
During the last decade of the 20th Century, Smyrna has evolved from being in the
economic backwaters of the Atlanta Region to being a nationally recognized model for
urban revitalization. This remarkable renaissance has in turn, placed intensive
redevelopment pressures on its arterial corridors. The 1970's and 1980's were typified by
less dramatic road construction projects and general economic stagnation in Smyrna. A
new route for Spring Road was cut diagonally to the southwest toward the downtown.
Also, a railroad underpass and four-laned divided right-of-way for Windy Hill Road
allowed traffic to flow more freely from the east into Central Smyrna. In the 80's, the city
began development of its Community Center Complex and Cobb County widened,
improved, and interconnected the Windy Hill Road -Cherokee Street -Jones Shaw Road
corridor, eventually renaming the entire route Windy Hill Road. During this period, Cobb
County and the Georgia DOT also completed a major upgrading of Atlanta Road with
multiple lanes, sidewalks and landscaping. By the mid-1990's, Atlanta Road, Spring
City of Smyrna
Zoning Amendment
Ordinance 2019-08
Road, Concord Road, Windy Hill Road and South Cobb Drive all were experiencing
economic revitalization. The 1996 Comprehensive Plan for Smyrna recognized these
accelerating changes, and recommended that the city institute special zoning and design
standards to guide the redevelopment of these corridors so that obsolescent land use
patterns and building geometry would not be reproduced in the new projects.
(717.3) District boundaries.
CDD-1, Atlanta Road.
The northern boundary shall be the southern boundary of the Downtown Design
District (DDD-1) (just south of Concord Road). The southern boundary shall be
the southern city limits of Smyrna on Atlanta Road. The eastern and western
boundaries shall approximately be 1,800 feet on either side of Atlanta Road
within the city limits of Smyrna. Please examine Map CDD-1 to determine the
exact location of the boundaries. All parcels located inside the Smyrna City
Limits and within or partially with these land lots shall be considered within the
CDD-I: LL 558, 595, 596, 597, 627, 629, 630, 668, 669, 671, 698, 700, 701,
740, 741, 742, and 743. If any parcel is annexed by the City of Smyrna in the
future, and is located within 1,800 feet of Atlanta Road, it shall be subject to the
regulations of CDD-1.
CDD-2, Spring Road.
The western boundary shall be Atlanta Road. The eastern boundary shall be
Cobb Parkway (U.S. 41.) The eastern and western boundaries shall
approximately be 1,800 feet on either side of Spring Road within the city limits
of Smyrna. All parcels located within or partially within these land lots shall be
considered within the CDD-2: LL 559, 560, 593, 594, 631, 632, 662, 663, 703,
704, 737, 738, 775, 776, 809, 810, 846, 847, and 880. Only that portion of Land
Lot 881 west of Interstate 285 shall be within the CDD-2. See Map CDD-2 for
graphic description of boundaries. If any parcel is annexed by the City of
Smyrna in the future, and is located within 1,800 feet of Spring Road, it shall be
subject to the regulations of CDD-2.
CDD-3, Windy Hill Road.
The western boundary shall be Benson Poole Road at the Smyrna City Limits.
The eastern boundary shall be Atlanta Road. The northern and southern
boundaries shall be approximately 1,000 feet on either side of Windy Hill Road
within the city limits of Smyrna. Please examine Map CDD-3 to determine the
exact location of the boundaries. All parcels located inside the Smyrna City
Limits and within or partially within these land lots shall be considered within
CDD-3: LL 302, 303, 346, 347, 374, 375, 418, 419, 447, 490, and 491. If any
parcel is annexed by the City of Smyrna in the future, is located within 1,000
feet of Windy Hill Road, it shall be subject to the regulations of CDD-3.
City of Smyrna
Zoning Amendment
Ordinance 2019-08
CDD-4, South Cobb Drive.
The northern boundary shall be Pat Mell Road at the Smyrna City Limits. The
southern boundary shall be I-285 at the city limits. The eastern and western
boundaries shall be approximately 1,800 feet on either side of South Cobb Drive
within the city limits of Smyrna. Please examine Map CDD-4 to determine the
exact location of the boundaries. All parcels located inside the Smyrna City
Limits and within or partially within these land lots shall be considered within the
CDD-4: LL 301, 302, 303, 344, 345, 346, 347, 348, 375, 376, 377, 378, 379, 380,
411, 412, 413, 414, 453, 454, 455, 481, 482, 483, 527, 528, 529, 550, 551, 552,
602, 603, 604, 620, 621, 622, 676, 677, 678, 688, 689, 690, 691, 692, 750, 751,
752, 753, and 754. If any parcel is annexed by the City of Smyrna in the future, is
located within 1,800 feet of South Cobb Drive, it shall be subject to the
regulations of CDD-4.
CDD-5, Concord Road.
The northern and southern boundaries shall be approximately 1,000 feet on either
side of Concord Road. The western boundary shall be the eastern property lines of
lots adjacent to South Cobb Drive. The eastern boundary shall be Downtown
Design Districts 1 and 2. Please examine Map CDD-5 to determine the exact
location of the boundaries. All parcels located inside the Smyrna City Limits and
within or partially within these land lots shall be considered within the CDD-5:
�+ LL 413, 414, 451, 453, 485, 486, 522, 524, and 558. If any parcel is annexed by
the City of Smyrna in the future, is located within 1,000 feet of Concord Road, it
shall be subject to the regulations of CDD-5.
(717.4) Application procedure. The Smyrna Department of Community Development
has primary responsibility for review of proposed projects in the Corridor Design
Districts. It is recommended that property owners or developers submit conceptual design
drawings of the proposed project to the Smyrna Department of Community Development
for informal staff review prior to their application for a ground disturbance or building
permit. This shall help prevent expenditures of financial resources for changes of
construction documents. Conceptual designs may take the form of dimensioned sketches,
or may be more refined. However, the graphics should enable staff to determine if there
are obvious conflicts with applicable codes and regulations. Upon advice of staff and/or
the planning commission, the city council may waive certain requirements of these
district regulations when the geometry of a specific land parcel makes compliance
impossible or creates an undue hardship.
Standard applications for zoning changes, ground disturbance permits, sign permits, and
building permits shall be utilized for proposed projects in the Corridor Design Districts.
All applications within the boundaries of these districts shall clearly state that the project
I is located within the (appropriate name) Corridor Design District. Procedures mandated
in the City of Smyrna Zoning Ordinance, City of Smyrna Subdivision Ordinance, and the
L--A Standard Building Code (SBCC) shall be followed.
City of Smyrna
Zoning Amendment
Ordinance 2019-08
All projects within the Corridor Design Districts involving the demolition of, or exterior
changes to, a building constructed before 1945 shall be first referred for review by the
Smyrna Urban Design Commission. These regulations do not prohibit the demolition or
renovation of existing structures. New or renovated structures may be more compatible
with nearby properties. However, the recommendations of the UDC will be forwarded to
the City of Smyrna's Planning and Zoning Commission to ensure implementation of the
City of Smyrna's Comprehensive Plan.
If changes are requested by the city council, a revised site plan or set of construction
drawings (whichever is applicable) must be signed and dated by the applicant, then
submitted and approved by staff prior to issuance of any permits. Approval of a proposed
project will be verified by a ground disturbance or building permit. Any significant
variation which is not in compliance with the city's codes and ordinances will give
sufficient grounds for the department of community development to issue a stop work
order on the project, and possibly make the property owner, developer, and/or general
contractor subject to civil penalties or judicial action.
(717.5) Determination of applicable code requirements. Whenever a conflict exists
between the requirements of this section, and any other section of the Code or Ordinances
of the City of Smyrna, or the State of Georgia, or the Federal Government, the more
stringent of the two or more regulatory criteria applies, as determined by the staff of the
City of Smyrna's Department of Community Development.
(717.6) Appeals procedure. If the city council denies an application, the applicant may
follow an appeals procedure. However, any request for review by the city council which
relates to these regulations shall be deferred until the next monthly meeting of the urban
design commission, so that it may examine the original application and appeal, and make
a recommendation to the city council. The appeal shall be received no less than 15 days
before the UDC's regular meeting date in order to be acted on.
Section H. Site Development Standards
(717.7) Property geometry.
(717.71) Development Areas:
(1) Commercial.
a. Maximum:
CDD-1, adjacent to Atlanta Road = 5 acres
CDD-I, no new commercial allowed on secondary streets serving
Atlanta Road
CDD-2, accessed by Spring Road - other sections of Zoning Ordinance
apply
CDD-3, accessed by Windy Hill Road = 5 acres
CDD-5, adjacent to Concord Road = 5 acres
City of Smyrna
Zoning Amendment
Ordinance 2019-08
b. Minimum:
CDD-1, adjacent to Atlanta Road = 1 acre
CDD-I, no new commercial allowed on secondary streets serving
Atlanta Road
CDD-2, accessed by Spring Road = 1 acre
CDD-3, adjacent to Windy Hill Road = 1 acre
CDD-4, accessed by South Cobb Drive = 1 acre
CDD-5, adjacent to Concord Road = 1 acre
CDD-2-5, accessed by side streets = 1 acre
(2) Residential.
a. Minimum:
CDD-I, accessed by Atlanta Road = 3 acres (except redevelopment of
single house)
CDD-1, accessed by secondary streets - other sections of Zoning
Ordinance apply
CDD-2, accessed by Spring Road = 5 acres
CDD-3, accessed by Windy Hill Road = 3 acres (except
redevelopment of single house)
CDD-3, accessed by secondary streets - other sections of Zoning
Ordinance apply
CDD-4, accessed by South Cobb Drive = 3 acres exce t
redevelopment of single house)
CDD-5, accessed by Concord Road = 5 acres
(3) Institutional.
a. Maximum:
CDD-1, adjacent to Atlanta Road - regulations of Zoning Ordinance
CDD-2, adjacent to Spring Road - other sections of Zoning Ordinance
apply
CDD-3, adjacent to Windy Hill Road - other sections of Zoning
Ordinance apply
CDD-4, adjacent to South Cobb Drive - other sections of Zoning
Ordinance apply
CDD-5, adjacent to Concord Road - other sections of Zoning
Ordinance apply
b. Minimum:
CDD-I, adjacent to Atlanta Road or secondary streets = 3 acres
CDD-2, adjacent to Spring Road - other sections of Zoning Ordinance
apply
CDD-3, adjacent to Windy Hill Road or secondary streets = 3 acres
CDD-4, adjacent to South Cobb Drive or secondary streets = 3 acres
CDD-5, adjacent to Concord Road or secondary streets = 3 acres
(717.72) Legal Nonconforming Uses:
City of Smyrna
Zoning Amendment
Ordinance 2019-08
CDD-1-5, all parcels existing at the time of the adoption of this section,
which do not conform thereto, shall be deemed to be legal
nonconforming uses.
(717.8) Building orientation.
(717.81) Commercial and Institutional Buildings Adjacent to Primary Artery:
a. CDD-1-5 - The facades of commercial buildings facing the
primary artery shall contain typical features of retail store fronts
such as large windows, doors and architectural detailing.
b. CDD-1-5 - The entrances of institutional buildings shall face the
primary artery.
c. CDD-1-5 - Truck loading docks, garbage dumpsters, storage of
used packaging materials and garbage pickup shall not be visible
from the public right-of-way.
(717.82) Commercial and Institutional Buildings on Secondary Streets:
a. CDD-1-5 -All loading docks, garbage cans, dumpsters, storage of
used packaging materials and garbage pickup shall be from the rear
of the building.
(717.83) Residential Adjacent to the Primary Arteries:
a. CDD-1 - New detached housing units, which have driveways
entering directly into Atlanta Road, shall face Atlanta Road.
b. CDD-2-5 - New individual, detached housing units shall not be
accessed from the primary artery.
c. CDD-1 - Detached and attached housing developments shall either
face Atlanta Road, front private driveways, or otherwise not be
visible from Atlanta Road.
(717.84) Residential on Secondary Streets:
a. CDD-1-5 - Detached housing units shall either face the primary
artery, front a private driveway, or otherwise not be visible from a
public right-of-way.
b. CDD-1-5 - Attached housing units may face a street or be oriented
in another direction.
(717.9) Utilities.
(717.91) Electric Power and Telecommunication Lines:
a. CDD-1-5 - All future service lines leading into buildings shall be
installed underground.
b. CDD-1-5 - All transformers and access panels shall be screened
by landscaping or architecture and/or painted to match existing
landscaping.
City of Smyrna
Zoning Amendment
Ordinance 2019-08
c. CDD-1-5 -No aboveground transmission line may pass over a
parking lot.
(717.92) Radio Antennas and Satellite Signal Receivers:
a. CDD-1-5 -No satellite signal receiver greater than two feet in
diameter (dish antenna) shall be visible from a public right-of-way.
b. CDD-1-5 -No radio or cellular telephone transmission towers
shall be erected on parcels access by the primary artery.
(717.93) Natural Gas Lines:
a. CDD-1-5 - All gas meters shall be screened by landscaping and/or
painted to match existing landscaping.
(717.94) Water and Sewer Lines:
a. CDD-1-5 -All water meters and sewer clean -outs shall be
screened by landscaping and/or painted to match existing
landscaping.
(717.10) Natural features.
(717.101) Promotion of Citywide Beautification:
a. CDD-1-5 - Every new commercial or institutional development
shall plant and maintain a bed of jonquils or other appropriate
flowers at a location visible from a public right-of-way.
b. CDD-I, 2, 3, 5 - Every new residential, commercial or institutional
development adjacent to a primary street shall grant a landscaped
easement, 15 feet in width, measured from the front property line.
The minimum building setback shall be measured from the property
line.
c. CDD-4 - Every new residential, commercial or institutional
development adjacent to a primary street shall grant a landscaped
easement, five feet in width, measured from the front property line.
The minimum building setback shall be measured from the property
line.
d. CDD-1-5 - Appropriate trees (I 1/2-inch diameter or greater) shall
be planted and maintained at average spacing of no more than 35
feet along the entire length of said buffer easement. Species
recommended by the Smyrna Tree Preservation and Replacement
Ordinance.
(717.102) Conservation of Natural Terrain and Streams:
a. CDD-2 - Any hill profile visible for a distance of one mile or more
on Spring Road shall be maintained.
City of Smyrna
Zoning Amendment
Ordinance 2019-08
b. CDD-1-5 -When possible, any existing streams or ponds shall be
maintained in a natural state.
c. CDD-1-5 - Sedimentation ponds shall not be visible from a public
right-of-way. Screening shall be provided by topography,
architecture or landscaping.
(717.103) Conservation of Vegetation:
a. CDD-1-5 - The owner and/or developer shall plan new construction
which protects hardwood trees with diameters of greater than 24
inches, whenever possible. The locations of all tree species with
diameters, measured three feet from the ground surface, 12 inches or
greater shall be shown on site grading and development plans.
b. CDD-1-5 - All flowering trees and shrubs destroyed by
construction shall be replaced by an equal number of the same or
similar species.
(717.11) Site lighting, furniture and signage.
(717.111) Lighting:
a. CDD-1-5 - All parking lots shall be illuminated with Georgia
Power's shoe box fixture or equal.
b. CDD-1-5 - All sidewalks and walkways on private land shall be
illuminated with an acorn -top historic gaslight type fixture as
provided by Georgia Power or equal.
(717.112) Mail Boxes:
a. CDD-1-5 - All future mail boxes for multifamily projects shall be
installed outside the right-of-ways of public streets; preferably
adjacent to parking lots or integral with buildings.
(717.113) Parcel Drop-off Boxes:
a. CDD-1-5 -All future parcel drop-off boxes (Federal Express, UPS,
etc.) shall be located adjacent to a traffic lane on private property,
reserved exclusively for that purpose.
(717.114) Signage:
a. CDD-1-5 — Regulations of Chapter 82- Signs under the Code of
Ordinances apply.
(717,115) Landscaping:
a. CDD-I, 2, 3, 5 - Landscaping areas directly adjacent to the building
shall equal a minimum of five percent of the gross floor area.
b. CDD-1-5 - Selections of species shall be based on the City of
Smyrna Tree Preservation and Replacement Ordinance.
City of Smyrna
Zoning Amendment
Ordinance 2019-08
c. CDD-1-5 -Property owners who build water fountains or
sculptures visible from the public right-of-way shall be awarded a ten
percent bonus of floor area over that permitted by the regulations of
their zoning district.
Section HT Transportation and Parking Design
(717.12) Access from primary arteries and secondary streets.
(717.121) Entrance Standards for All Developments on Primary Arteries:
a. CDD-1-5 - Designs for entrances and exits must be submitted for
review by the city engineer, and approved in writing, before a grading
permit will be issued.
b. CDD-1-5 - All entrance and exit lanes must be at least 24 feet wide
curb to curb and meet all other standards set forth by the Codes and
Ordinances of the City of Smyrna.
(717.122) Entrance Standards for Commercial and Institutional Developments on
Secondary Streets:
a. CDD-1-5 -All entrance and exit lanes must beat least 24 feet wide
curb to curb and meet all other standards set forth by the Codes and
Ordinances of the City of Smyrna.
(717.123) Entrance Standards for Residential Developments on Secondary
Streets:
a. CDD-1-5 - Single-family driveways shall be at least 12 feet wide and
have a minimum sight distance of at least 150 feet, or as required by
the city engineer.
b. CDD-1-5 - Entrance roads for attached and multifamily projects
shall be at least 20 feet wide and have a minimum sight distance of
250 feet, or as required by the city engineer.
(717.124) Curb Cuts on Primary Arteries:
a. CDD-I, 3, 5 - No curb cut shall be less than 150 feet from the nearest
existing curb cut on the same side of the street.
b. CDD-2, 4 - No curb cut shall be less than 200 feet from the nearest
existing curb cut on the same side of the street.
c. CDD-1-5 - All entrances and exits shall be clearly noted with free-
standing entrance signs or bollards 1- 2 feet high. These directional
signs shall not be subject to the limitations on free-standing signs.
(717.13) Sidewalks and walkways.
(717.131) Sidewalks:
City of Smyrna
Zoning Amendment
Ordinance 2019-08
a. CDD-1-5 - Any commercial project that does not have a sidewalk
shall have one installed and paid for by the owner when the property is
developed or redeveloped.
b. CDD-1-5 - All sidewalks shall have handicapped ramps when
crossing either public or private traffic lanes, and be fully accessible
to all handicapped persons.
c. CDD-1-5 - Sidewalks adjacent to primary arteries shall be a
minimum of five feet wide and shall be set back two feet from the
curbs, or aligned with existing sidewalks in front of adjacent
properties.
d. CDD-1-5 - Sidewalks adjacent to secondary streets shall be a
minimum of five feet wide and shall be set back two feet from the
curbs, or aligned with existing sidewalks in front of adjacent
properties.
(717.132) Walkways:
a. CDD-1-5 - All residential developments and office parks larger than
ten acres shall contain a separate pedestrian circulation system, not
parallel to the vehicular road system, which interconnects buildings to
recreation areas and the sidewalks on the public road system.
b. CDD-1-5 - The walkways shall be at least four feet wide.
c. CDD-1-5 - It shall be permissible to ride bicycles and self-propelled
wheelchairs on these walkways.
(717.14) Parking facilities.
(717.141) Location:
a. CDD-1-5 - Parking requirements for the appropriate zoning district
apply unless the owner is renovating a structure built before 1945. In
such case, maintenance of existing parking areas shall be accepted as
being in compliance with all applicable local ordinances.
b. CDD-1-5 - When possible, the majority of parking spaces should
either be located in the rear or the side of buildings.
c. CDD-1-5 - Parking aisles shall be oriented perpendicular to the
building entrances.
(717.142) Design:
a. CDD-1, 2, 3, 5 - A minimum of ten percent of the gross area of the
parking lots shall be devoted to landscaping. The landscaping shall
proceed from the rear of the proposed building forward.
b. CDD-4 - A minimum of five percent of the gross area of the parking
lots shall be devoted to landscaping. The landscaping shall proceed
from the rear of the proposed building forward.
City of Smyrna
Zoning Amendment
Ordinance 2019-08
c. CDD-1-5 - 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).
d. CDD-1, 2, 3, 5 - A landscaped buffer of no less than 15 feet shall
separate all new or expanded parking lots from any public right-of-
way.
e. CDD-4 - A landscaped buffer of no less than five feet shall separate
all new or expanded parking lots from any public right-of-way.
f. CDD-1-5 - All parking lot medians or buffers shall have trees of
species approved by the City of Smyrna Tree Preservation and
Replacement Ordinance, spaced no less than 25 feet apart.
Section IV.- Building Design Criteria
(717.15) Spatial relationships.
(717.151) Height Limitations:
a. CCD-1, 3, 5 - The height of an occupied building shall not exceed
either 35 feet or the height of a building on an adjacent parcel;
whichever is greater, unless the distance from the nearest building
exceeds 200 feet.
b. CDD-2, 4 - The height of an occupied building shall not exceed the
numerical value of the distance between it and the nearest structure,
unless it is a planned unit development.
c. CDD-2, 4 - The height of an occupied building shall not exceed the
height of buildings on adjacent tracts by a factor of greater than 400
percent, unless it is in a planned unit development.
(717.152) Width Limitations:
a. CDD-1-5 -The width of individual buildings accessed by the primary
artery shall not exceed 75 percent of the minimum width of the lot,
unless said building(s) are part of a planned unit development.
(717.153) Planned Unit Developments:
a. CDD-1-5 - A planned unit development shall be defined as a
commercial, institutional or residential development that has a total
area of ten acres or greater, and whose plan has been reviewed by the
city planning commission and approved by the mayor and city council.
b. CDD-1-5 - The height and width of buildings in planned unit
developments shall be governed by the regulations in the Standard
Building Code and the City of Smyrna's Zoning Ordinance.
(717.16) Building setbacks.
(717.161) Atlanta Road Corridor:
City of Smyrna
Zoning Amendment
Ordinance 2019-08
a. CDD-1 - Renovation Front Yards - Additions to existing structures may
reduce the front yard setback from the public right-of-way by 15
percent, upon review by the City of Smyrna Planning Commission and
approval of a variance by the mayor and city council.
b. CDD-1 - Redevelopment Front Yards - New construction shall either
have building setback line of no less than 90 percent of the building
formerly on that parcel or a building on an adjacent parcel.
c. CDD-1 - New Construction on Land Never Developed - No less than
90 percent of the setback line of the nearest existing structure on the
same side of the road, unless a variance is approved by the mayor and
city council.
Side yards = 10 feet;
Rear yards = 25 feet.
d. CDD-1 - Adjacent to Secondary Streets - Setbacks and building lines
as required by other sections of the City of Smyrna Zoning Ordinance.
(717.162) Spring Road Corridor:
a. CDD-2 - Adjacent to Spring Road
Minimum front yard = 50 feet;
Maximum front yard = 100 feet;
Minimum sideyard = 35 feet;
Minimum rear yard = 100 feet.
b. CDD-2 - Adjacent to Secondary Road
Minimum front yard = 50 feet;
Maximum front yard =100 feet;
Minimum side yard = 15 feet;
Maximum front yard = 50 feet.
(717.163) Windy Hill Road Corridor:
a. CDD-3 - Renovation Front Yards - Additions to existing structures may
reduce the front yard setback from the public right-of-way by 15
percent, upon review by the City of Smyrna Planning Commission and
approval of a variance by the mayor and city council.
b. CDD-3 - Redevelopment Front Yards - New construction shall either
have building setback line of no less than 90 percent of the building
formerly on that parcel or a building on an adjacent parcel.
c. CDD-3 - New Construction on Land Never Developed - No less than
90 percent of the setback line of the nearest existing structure on the
same side of the road, unless a variance is approved by the mayor and
city council.
Side yards = 10 feet;
Rear yards = 50 feet.
d. CDD-3 - Adjacent to Secondary Streets - Setbacks and building lines
as required by other sections of the City of Smyrna Zoning
Ordinance.
City of Smyrna
Zoning Amendment
Ordinance 2019-08
(717.164) South Cobb Drive Corridor:
a. CDD-4 - Renovation Front Yards - Additions to existing structures may
reduce the front yard setback from the public right-of-way by 15
percent, upon review by the City of Smyrna Planning Commission and
approval of a variance by the mayor and city council.
b. CDD-4 - Redevelopment Front Yards - New construction shall either
have building setback line of no less than 90 percent of the building
formerly on that parcel or a building on an adjacent parcel.
c. CDD-4 - New Construction on Land Never Developed - No less than
90 percent of the setback line of the nearest existing structure on the
same side of the road, unless a variance is approved by the mayor and
city council.
Side yards = 20 feet;
Rear yards = 50 feet.
d. CDD-4 - Adjacent to Secondary Streets - Setbacks and building lines
as required by other sections of the City of Smyrna Zoning
Ordinance.
(717.165) Concord Road Corridor:
a. CDD-5 - Renovation Front Yards - Additions to existing structures may
reduce the front yard setback from the public right-of-way by 15
percent, upon review by the City of Smyrna Planning Commission and
approval of a variance by the mayor and city council.
b. CDD-5 - Redevelopment Front Yards - New construction shall either
have building setback line of no less than 90 percent of the building
formerly on that parcel or a building on an adjacent parcel.
c. CDD-5 - New Construction on Land Never Developed - No less than
90 percent of the setback line of the nearest existing structure on the
same side of the road, unless a variance is approved by the mayor and
city council.
Side yards = 10 feet;
Rear yards = 50 feet.
d. CDD-5 - Adjacent to Secondary Streets - Setbacks and building lines
as required by other sections of the City of Smyrna Zoning
Ordinance.
(717.17) Building character.
(717.171) Visibility for All New or Renovated Buildings:
a. CDD-1-5 - All entrances of commercial and institutional buildings
shall be visible from the public right-of-way.
I b. CDD-1-5 - All structures shall have their street number on the front
facade in letters that are legible from the public right-of-way.
City of Smyrna
Zoning Amendment
Ordinance 2019-08
(717.172) Architectural Compatibility:
a. CDD-1 - All new construction shall be rendered in an architectural style
typical of Cobb County in the period 1845-1945.
b. CDD-1 - When possible, the footprint of new structures should be
similar to that of the previous structure(s) on the site, or neighboring
buildings.
c. CDD-1, 3, 5 - All new structures shall have sloped roofs of at least
6/ 12 pitch.
d. CDD-1-5 - There are no architectural compatibility standards for
new buildings constructed on secondary streets.
(717.173) Facade Materials and Colors:
a. CDD-1 - Facade materials shall be typical of those used in Cobb
County, 1845-1945.
b. CDD 1-5 - The materials utilized shall be one or more colors known
as muted earth tones. The term muted earth tone shall be limited to the
following colors derived from the Pantone color system: Warm Gray
1, Warm Gray 2, Warm Gray 4, Warn Gray 5, Warm Gray 6, Warm
Gray 7, Warm Gray 8, Warm Gray 9, Cool Gray 6, Cool Gray 8, Cool
Gray 9, Cool Gray 10, 406, 407, 408, 410, 413, 414, 434, 436, 437,
451, 452, 453, 4535, 454, 4545, 4645, 465, 1405, 4655, 466, 4665,
467, 468, 4715, 4725, 5527, 5565, 5575, 5615, 5625, 5655, 5665,
5747, 5773, 5777, 5787, 5793, 5797, 5803, 5807, 5855, 5865, 5875,
726, 728, 9060, 9143, 9160, 9161, 9162, 9163, 9183, and 9223.
CORRIDOR DESIGN STANDARDS CHECK LIST
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SECTION
PROJECT
COMPONENT
f.LQUIREMENT
717.7:
Pro erty Geometr
717.71
Development
Areas
Commercial - Maximum adjacent to Atlanta Rd. = 5 ac.
Commercial
No new commercial allowed on secondary streets
Commercial
Maximum accessed by Windy Hill Rd. = 5 ac.
Commercial
Maximum accessed by Concord Rd. = 5 ac.
Commercial
Minimum adjacent to Atlanta Rd. = 1 ac.
Commercial
Minimum accessed by Spring Rd. = 1 ac.
Commercial
Minimum accessed by Windv Hill Rd. = 1 ac.
Commercial
Minimum accessed by South Cobb Dr. = 1 ac.
Commercial
Minimum accessed bX Concord Rd. = 5 ac.
Residential
Minimum accessed by Atlanta Rd. = 3 ac.
[Residential
Minimum accessed by Spring Rd. = 5 ac.
City of Smyrna
Zoning Amendment
Ordinance 2019-08
Residential
Minimum accessed bN Windy Hill Rd. = 3 ac.
Residential
Minimum accessed by South Cobb Dr. = 3 ac.
Residential
Minimum adjacent to Concord Rd. = 5 ac.
Institutional
Minimum adjacent to Atlanta Rd. = 3 ac.
Institutional
Minimum adjacent Windy Hill Rd. = 3 ac.
nstitutional
Minimum adjacent to South Cobb Dr. = 3 ac.
Institutional
Minimum adjacent to Concord Rd. = 3 ac.
�717.72
Nonconforming
LJses
All nonconforming uses at the time of adoption shall be
Ilegal
717.8:
Buil
ing Orientation
(
(
( (
J(
1717.81
Primary Artery
Commercial buildings front facades shall contain store
fronts, etc.
Primary Artery
Institutional buildings entrances shall face the primary
artery
Primary Artery
Buildin services not visible from r.o.w.
717.82
Primary Artery
Buildin; services located at rear of structures
717.83
Primary Artery
New detached houses w/ Atlanta Rd. entrance shall face
Atlanta Rd.
Primary Artery
New detached houses shall be accessed from primary
artery
Primary Artery
Housing shall face road, front private driveways or not
be visible
717.84
Secondary
Housing shall face road, front private driveways or not
be visible
Secondary
Attached housing may face street or be oriented
otherwise
717.9:
Utilities
717.91
F lectric
A 11 future service shall be under f: ound
F lectric
All transformers and panels shall be screened from
public r.o.w.
Electric
No above ground transmission line may be above a
parking lot
717 92
Satellite
Receiver
No satellite receiver > 2 ft. shall be visible from public
1•.o.w.
Antenna-
Towers
No radio -cellular transmission sites entered from
primary arter
717.93
Water -Sewer
All water meters -sewer clean -outs screened from r.o.w.
717.94
Natural Gas_All
gas meters shall be screened from r.o.w.
717.10:
Natural Features
717.101
Beautification Commercial and institutional provide flower bed
Beautification lProvide 15 ft. landscaped easement
Beautification ,Provide 5 ft. landscaped easement
Beautification � > >ro riate trees planted at 35 ft. in buffer
City of Smyrna
Zoning Amendment
Ordinance 2019-08
errain/Streams
Any hill profile visible for 1 mile maintained
Terrain/Streams
When possible, streams and ponds maintained
Terrain/Streams
Sedimentation ponds not visible from r.o.w.
717.11:
Site Lighting, urniture and Si
na e
717.111
Lighting
Parking lots illuminated with GA Power "shoe -box"
fixture
Lighting
Sidewalks and walkways illuminated with "acorn"
fixture
717.112
Mail Boxes
Multifamily boxes installed outside public r.o.w.
717.113
Parcel Boxes
Parcel drop-off boxes located adjacent to private traffic
lane
717.114
Signage
Regulations of Chapter 82- Signs under the Code of
Ordinances a ly
717.115
Landscaping
Landscaping adjacent to building = 5% of building area
Landscaping
Selections from Tree Preservation and Replacement
Ordinance
Landsca in
10% floor area bonus for water fountains or sculptures
717.12:
Access from Primary Arteries and Secondary Streets
717.121
Primary
All projects - Designs submitted to City of Smyrna
Arteries
Engineer
Primary
Commercial/Institutional - All entrance and exit lanes =
Arteries
min. 24 ft.
717.122
Secondary
Commercial/Institutional - All entrance and exit lanes =
min. 24 ft.
717.123
Secondary
Residential = min. 12 ft. driveway - 150 ft. sight
distance
717.124
Curb Cuts
No curb cut less than 150 ft. - Nearest one on same side
of street
Curb Cuts
No curb cut less than 200 ft. - Nearest one on same side
of street
Curb Cuts
lAll entrances and exits notes with signs or bollards
717.13:
Sidewalks and Walkwa s
717.131
Sidewalks
All lots shall have sidewalks; new ones paid for by
owner
Sidewalks
All sidewalks shall be accessible to handicapped
persons
171.131
Sidewalks
Sidewalks adjacent to primary arteries shall be 5 ft.
wide; 2 ft. setback
Sidewalks
Sidewalks adjacent to secondary streets shall be 5 ft.
wide; 2 ft. setback
171.132
Walkways
All residential and office projects > 10 ac. shall have
walkway systems
Walkways
Walkwa s shall be at least 4 ft. wide
City of Smyrna
Zoning Amendment
Ordinance 2019-08
/�TFJ
�.
Walkways
Bicycles and motorized wheelchairs are permitted on
lalkways
17.14: Parking
Facilities
717.141
Location
Parking requirements of zoning district apply unless
built before 1945
Location
Majority of parking spaces should be in the rear or the
side
Location
Parking entrances shall be oriented perpendicular to the
building entrance
717.142
Design
Minimum of 10% parking lot gross area devoted to
landsca in
Minimum of 5% parking lot gross area devoted to
Design
landscaping
Design
Landscaped medians in front parking lots at alternate
lines
15 ft. landscaped buffer > 15 ft. between parking and
Design
r.o.w.
Design
5 ft. landscaped buffer > 15 ft. between parking and
r.o.w.
All tree species approved by Tree Preservation and
Design
Replacement Ordinance
1 /.13:.7
atiai
Kelavionsnl s
717.151
Height
The building height shall not exceed 35 ft. or adjacent
buildin , unless D > 200 ft.
Height
The building height shall exceed distance to nearest
structure
Height
The building height shall not exceed height of adjacent
building s x 4
717.152
Width
The width of building shall not exceed 75% of
minimum width of the lot
717.153
P.U.D.'s
P.U.D. defined as commercial, residential or
institutional > 10 ac.
P.U.D.'s
Heights in P.U.D. governed by building codes and other
zoning sections
1717.16: Building Setbacks I
717.161
Atlanta Rd.
Renovation, front yards = additions may reduce setback
15 /o
Atlanta Rd.
Redevelopment, front yards > 90% of original front
and
tlanta Rd.
New construction > 90% nearest structure; Side = 10 ft.,
Rear = 25 ft.
Atlanta Rd.
Adjacent to secondary street = comply with zoning
ordinance
City of Smyrna
Zoning Amendment
Ordinance 2019-08
Adjacent to Spring Rd.: Minimum front = 50 ft.,
17.162
Spring Rd.
maximum front = 100 ft., minimum side = 15 ft.;
maximum front = 50 ft.
Adjacent to Secondary Street: Minimum front = 50 ft.,
Spring Rd.
maximum front = 100 ft., minimum side = 15 ft.,
maximum front = 50 ft.
Renovation, front yards = additions may reduce setback
17.163
Windy Hill Rd.
15 /o
Redevelopment, front yards > 90% of original front
Windy Hill Rd.
and
New construction > 90% nearest structure; side = 10 ft.,
Windy Hill Rd.
rear = 50 ft.
Adjacent to secondary street = comply with zoning
Windy Hill Rd.
ordinance
Renovation, front yards = additions may reduce setback
' 17.164
S. Cobb Dr.
15 /o
Redevelopment, front yards > 90% of original front
S. Cobb Dr.
yard
New construction > 90% nearest structure; side = 20 ft.,
S. Cobb Dr.
rear = 50 ft.
Adjacent to secondary street = comply with zoning
S. Cobb Dr.
ordinance
Renovation, front yards = additions may reduce setback
717.65
Concord Rd.
15 /o
Redevelopment, front yards > 90% of original front
Concord Rd.
yard
New construction > 90% nearest structure; side = 10 ft.,
Concord Rd.
rear = 50 ft.
Adjacent to secondary street = comply with zoning
Concord Rd.
, . __ _ __ _ _
17.17: B ilding Character
1717.171 Visibility All commercial and institutional entrances visible from
r.o.w.
Visibility All structures have legible street number on front facade
717.172 Compatibility rchitectural stvle typical of Cobb County, 1845-1945
Compatibility Footprint of new building similar to previous structure
Compatibility All new structures have roof slope > 6:12
Compatibility No standards for new buildings on secondary streets.
717.173 Materials/Color Facade materials shall be typical of Cobb County,
1845-1945
Materials/Color The materials utilized shall be in colors = "muted earth
(Ord. No. 98-06, 7-20-98; Ord. No. 2003-6, 1-6-03)
City of Smyrna
Zoning Amendment
Ordinance 2019-08
Renumbering. It is the intention of the Mayor and Council, and it is hereby ordained that
the provisions of this Ordinance shall become and be made a part of the Code of Ordinances,
City of Smyrna, Georgia and the sections of this Ordinance may be renumbered to accomplish
such intention.
The above Ordinance was read and approved by the Mayor and Council of the City of
Smyrna, Georgia, on the 18th day of February 2019. _
J -
Max Bacon, Mayor
Attest:
Terri Graham, C ty Clerk
SEAL
As to orm:
Scott Cochran, 17ity Attorney
OFFICIAL _
SEAL
1