04-16-2007 April 16, 2007 Council Meeting
April 16, 2007
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o’clock p.m. All
council members were present. Also present were City Administrator Wayne Wright, City Clerk
Susan Hiott, City Attorney Scott Cochran, Community Development Director Ken Suddreth,
Planner Rusty Martin and representatives of the press.
Mr. Wright called for a moment of silence in remembrance of those lost at Virginia Tech on this
day. Invocation was given by Mr. Wright, followed by the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated agenda item # 4 K (Public Hearing – Variance Request V07-006 – waiver of
requirement for daycare facility in R-15 zoning district to be adjacent to a non-residential
property – Smyrna/Powder Springs Road) will be tabled until the May 7, 2007 meeting. Mayor
Bacon stated agenda item # 5 A (Public Hearing – privilege license request – retail package sales
(beer and wine) – CVS Pharmacy #4470 – 2994 Atlanta Road – Kimberly D. Hamilton, agent
applicant) has been withdrawn at the applicant’s request. Mayor Bacon stated agenda item # 6 A
(Public Hearing – Approval of Highlands Apartments redevelopment project within the Atlanta
Road Corridor tax allocation district {TAD} application) will be tabled until the May 7, 2007
meeting.
MAYOR’S REPORT:
Mayor Bacon recognized Ms. Betty Turley and Mr. Dennis Harding representing the Smyrna
Optimist Club, and Council Member Lnenicka read a Proclamation in recognition of Respect for
Law Day to those present. Council Member Lnenicka presented the Proclamation to Ms. Turley
and Mr. Harding. Ms. Turley thanked the city council for the Proclamation, and asked everyone
to keep our public safety officers in mind as they work to protect the safety and property of the
citizens. Mr. Harding stated the members of the Optimist Club strongly support the efforts of
local law enforcement agencies.
Mayor Bacon recognized Senator Doug Stoner, and Senator Stoner read a Proclamation in
recognition of Council Member Wood’s literary accomplishment of writing The Paperboy and
having this book published. Senator Stoner presented the Proclamation to Council Member
Wood. Mrs. Lillie Wood recognized Ms. Joyce Reagan and Ms. Janet Brooks and thanked them
for assisting her with compiling the materials for this publication. Council Member Wood stated
creating this book was a long process for all those involved, but everyone was pleased with the
results.
Mayor Bacon provided an update on the status of SB 173 concerning Colonial Pipeline
Company’s transport lines in this area.
Mayor Bacon recognized Campbell High School student government president Matt Roos and
stated he will be Honorary Mayor for this evening’s proceedings.
LAND ISSUES/ZONING/ANNEXATION:
(A) Public Hearing – Rezoning Request Z06-049 – RM-12 to RHR-Conditional – 7.416 acre
tract – Medlin Street - Mitchell’s Park Apartments – Capital City Properties, Inc.
April 16, 2007
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Mr. Wright stated the applicant is seeking approval to rezone a 7.416 acre property from
RM-12 to RHR-Conditional to build 153 condominium units at a density of 20.6 units per acre.
Mr. Wright stated the Planning and Zoning Board (PZB) has recommended approval of the
request and that staff recommends approval with a number of conditions. Mr. Suddreth provided
additional details to those present concerning this rezoning plan. Mr. Suddreth stated the City
arborist has reviewed and approved the landscape plan for the proposed project. Mr. Suddreth
stated requirements #1, 2, 8, 10, 16 and 17 from Section 1201 of the Zoning Code are not
applicable to the subject property. Mr. Suddreth provided an overview of special conditions
applicable to this rezoning request to those present.
Honorary Mayor Roos stated this is a public hearing and asked for public comment, and the oath
was administered to several persons by Mr. Cochran.
Council Member Scoggins recognized Mr. Garvis Sams, an attorney representing Capital City
Properties, Inc. (CCP), and Mr. Sams introduced Mr. Peter Bright from CCP to those assembled.
Mr. Sams provided information to those present concerning this rezoning plan. Mr. Sams stated
CCP has continued discussions with both City staff and officials and residents of the affected area
concerning plans for constructing this condominium project. Mr. Sams stated the site plan has
been amended and additional stipulations for this rezoning have been formulated. Mr. Sams
stated the existing apartment complex on the subject property is functionally obsolete. Mr. Sams
stated this rezoning will result in rental apartments being replaced with owner-occupied housing.
Mr. Sams stated CCP is agreeable to special conditions and applicable standard conditions for
this rezoning request. Mr. Sams stated City staff will need discretionary authority to make minor
changes to the site plan during the plan review process. Mr. Sams stated his office has submitted
a letter of agreeable stipulations to the City for this rezoning dated April 5, 2007. (Clerk’s Note:
A copy of this letter is appended hereto as Exhibit “A”) Mr. Sams stated the complex will be
named Elizabeth Creek Condominiums and units will range in size from about 1,800 s.f. to 2,200
s.f. each. Mr. Sams stated the condominiums will have selling prices starting at over $300,000
per unit. Mr. Sams stated the topography of the subject tract will impart the appearance and
profile of two-storey structures to the planned buildings even though they will actually comprise
three stories. Mr. Sams stated the planned complex will include 3.275 acres of open space which
is 44.2% of the total property area. Mr. Sams stated a mandatory homeowners association (HOA)
operated by a third-party property management concern will be responsible for maintaining
common areas of the complex. Mr. Sams stated CCP has agreed to donate and convey to the City
stream bank buffers on the subject property in the form of restrictive easements except with
respect to the buffer averaging with a partial encroachment into the last 25.’ Mr. Sams stated the
matter of stream buffer will be worked out during plan review. Mr. Sams stated sufficient right-
of-way (ROW) will be donated for construction of sidewalks.
Council Member Scoggins asked Mr. Suddreth whether or not Mr. Sams’ request that staff be
given discretionary authority to make minor changes to the site plan during the plan review
process is acceptable, and Mr. Suddreth answered in the affirmative. At Council Member
McNabb’s request, Mr. Sams provided details to those present concerning the area of the subject
property from which three existing buildings will be removed. Mr. Sams stated parking spaces
will be built on that part of the property. Mr. Sams stated some of the parking could be
reconfigured to leave more green space. Council Member McNabb asked what will be done
regarding an existing driveway across the creek on the subject property. Mr. Bright stated
the crossing will be reconfigured as a hard-surface walkway going to the rear of the complex and
suitably landscaped. Council Member McNabb asked if a pedestrian path will be built around the
perimeter of the complex, and Mr. Bright stated a walking path is being considered for that part
of the property. Council Member McNabb asked Mr. Bright if CCP will stipulate to these plans
April 16, 2007
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as a zoning condition, and Mr. Bright answered in the affirmative.
Honorary Mayor Roos recognized Mr. Sean Murphy, residing at 982 McLinden Avenue, and
Mr. Murphy stated the plan as presented for the subject property will be an improvement over
what is currently there. Mr. Murphy expressed concerns about the style of the planned complex.
Mr. Murphy stated he would like to see some of the parking for the planned community relocated
inside some of the structures. Mr. Murphy stated he would like to see straighter sidewalks than
those shown on the plan as presented. Mr. Murphy stated he is concerned that the level of
vehicular traffic on Dunton Street will increase if this complex is built. Mr. Murphy stated he
would like to see access to Love Street made available. Mr. Murphy stated the stream on the
property is essentially a ditch and he would like to see reclamation efforts made in this area.
At Council Member McNabb’s request, Mr. Suddreth provided details to those present regarding
the limits to which staff can make changes to the plan under present consideration before it would
have to come before the city council again for amendment. Mr. Suddreth stated parking layout,
landscape islands, sidewalks and relocation of buildings are matters of concern. Mr. Suddreth
stated any change affecting more than 10% of some aspect of a project is no longer a minor
change. Council Member McNabb stated any proposed change in architectural style should come
before the city council for approval. Council Member McNabb stated an amenity area with three
gazebos and a walking trail around the complex must be part of the plan and any changes to this
part of the plan should come before the city council for consideration. Mr. Sams stated his
request for staff to be given discretionary authority to make minor changes to the site plan during
the plan review process would apply to such matters as stream traverse, setbacks, building
position, buffer averaging, number of parking spaces and landscape islands. Mr. Sams stated
a 10% standard as articulated by Mr. Suddreth will be acceptable to CCP. Council Member
Lnenicka asked Mr. Sams if an additional stipulation referencing his letter of April 5, 2007
and incorporated those stipulations in the letter not in conflict with City regulations into the
conditions of approval for this rezoning request is acceptable to CCP, and Mr. Sams answered in
the affirmative. At Council Member Lnenicka’s request, Mr. Sams provided additional
information to the present officials concerning the restrictive easements as proposed. Mr. Sams
stated the Cobb County Stormwater Management Agency usually requires developers to agree to
a stipulation of that type. Mr. Sams stated such easements offer local governments some
assurance that a stream bank buffer will remain inviolate in perpetuity. Council Member
Lnenicka stated he has no objections to curving sidewalks. Council Member McNabb stated he
would like to see additional stipulations for this rezoning requiring a HOA, a stipulation requiring
that no more than 10% of the total number of units at this development can be leased at any given
time and that during the time of any lease the leased unit must be actively marketed for sale,
and a stipulation restricting construction hours to Monday through Friday from 7:00 a.m. to 6:00
p.m., Saturday 9:00 a.m. to 6:00 p.m. with no work to be done on Sunday. Mr. Sams stated the
additional stipulations as requested by Council Member McNabb are acceptable to CCP.
MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z06-049
from RM-12 to RHR-Conditional for a 7.416 acre tract on Medlin Street for Capital City
Properties, Inc. subject to stipulations as formulated by City staff and agreed upon with the
applicant as well as any conditions not in conflict with City regulations set forth in a letter of
agreeable stipulations submitted to the City for this rezoning dated April 5, 2007 from the office
of Sams, Larkin & Huff, LLC. The motion was seconded by Council Member Pritchett. Council
Member Newcomb stated he favors the idea of replacing rental property with owner-occupied
housing. Council Member Newcomb stated his vote in this matter should not necessarily be
interpreted as any type of precedent in the subject area. Motion was approved 7 – 0. (Clerk’s
Note: A copy of the referenced letter and City stipulations is appended hereto as Exhibit “A”)
April 16, 2007
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(B) Public HearingAmendment to the Sign Ordinance regarding real estate signs
Mr. Wright stated staff has concerns with regards to regulating signage based on content and has
recommended changes embodied in the proposed ordinance amendment.
Honorary Mayor Roos stated this is a public hearing and asked for public comment. There was
none.
MOTION: Council Member Newcomb made a motion to approve Ordinance 2007- 4 amending
Chapter 82, Sections 82-2 Definitions, 82-3 Signs not requiring permits and 82-16 Signs allowed
in zoning districts of the Smyrna Code of Ordinances regarding signs. The motion was seconded
by Council Member Pritchett. Motion was approved 6 – 0. (Clerk’s Note: Council Member
Smith departed the meeting at this time)
(C) Public Hearing – appeal of License and Variance Board decision -Variance Request V07-
007/V07-008 – permits for two signs with dimensions in excess of prescribed limits –
3240 South Cobb Drive – Tri-Land Properties
Mr. Wright stated this request was denied by the License and Variance Board and appealed to the
city council.
Honorary Mayor Roos stated this is a public hearing and asked for public comment. There was
none.
Council Member McNabb recognized Mr. Jeff Koenig with Tri-Land Properties (TLP), and Mr.
Koenig provided details to those present regarding the subject property. Council Member
McNabb asked Mr. Koenig if a temporary sign 32 s.f. in size, which would comply with the
recently amended ordinance, would be acceptable to TLP, and Mr. Koenig answered in the
affirmative.
MOTION: Council Member McNabb made a motion to withdraw the appeal of the License and
Variance Board decision for Variance Requests V07-007 and V07-008 for permits for two signs
with dimensions in excess of prescribed limits at 3240 South Cobb Drive for Tri-Land Properties.
The motion was seconded by Council Member Pritchett. Motion to withdraw the appeal was
approved 6 – 0.
(D) Public Hearing – Rezoning Request Z06-039 – OI Conditional to NS-Conditional - Land
Lot 604 and Land Lot 621, 4390 South Cobb Drive – 1.9 acre tract – Cooper Lake, LLC
Mr. Wright stated the applicant is seeking approval to rezone the subject property from OI-
Conditional to NS-Conditional to accommodate a 19,200 s.f. retail center. Mr. Wright stated the
requested rezoning will not require a land use change. Mr. Wright stated the Planning and
Zoning Board recommended denial of this request. Mr. Wright stated staff recommends approval
of the rezoning request subject to a number of conditions.
Mr. Suddreth provided additional details concerning this request to those present. Mr. Suddreth
read special conditions of this rezoning request as follows:
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Special Conditions
9. Approval of the Subject Property for Neighborhood Shopping shall be conditioned upon the
development of the property in substantial compliance with the submitted site plan dated 4/16/07.
10. The applicant shall be bound to the elevations submitted 4/16/2007. If there is any change to
the elevations, it must be approved by the Director of Community Development.
11. Loading and Unloading on the property shall only take place between 7:00 a.m. and 8:00
p.m.
12. Utilization of low intensity, environmental type lighting shall be allowed within the
development. The illumination of which shall be confined within the perimeter of the subject
property through the use of “full cut-off lighting”.
13. The following uses, whether permissible or not within the NS zoning district, shall not be
allowed on the property:
?
Adult Entertainment Establishments
?
Automobile Service Stations
?
Check Cashing Establishments (where check cashing represents more than 25% of
the overall business operation)
?
Coin Operated Laundry
?
Composting Facility
?
Drive-up Restaurants
?
Funeral Homes
?
Group Homes
?
Package Stores
?
Shelter for the Homeless
?
Tattoo Parlors
14. Any proposed dumpsters shall be surrounded by a three-sided brick enclosure with an
opaque gate in the front. The brick shall match the color and material used for the commercial
buildings.
15. All dumpsters shall contain rubber lids so as to minimize sounds.
16. There shall be a 10’, heavily-landscaped and maintained buffer adjacent to the rear property
line. The developer shall plant Leyland Cypress trees along the rear property line. These trees
shall be maintained with an irrigation system.
17. The developer shall install all HVAC units on the roof and screen from the public right-of-
way and the adjoining residential properties.
18. The developer shall install a coated or painted (green, black, or brown) chain link fence with
a climb-over deterrent along the rear property line.
19. There shall be no neon signs allowed on the property except for “open/closed” signs.
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20. The developer will remove the guard rail along South Cobb Drive.
21. The sidewalk to be built along South Cobb Drive shall be placed to be no closer than 15’ to
the back of curb.
22. Buffer averaging is allowed to address the proposed small encroachment of Building “A”
into the 25’ impervious surface buffer.
Honorary Mayor Roos stated this is a public hearing and asked for public comment, and the oath
was administered to several persons by Mr. Cochran.
Council Member Lnenicka recognized Ms. Lauren Hansford, an attorney representing the
applicant, and Ms. Hansford provided additional details concerning this request to those present.
Ms. Hansford stated representatives of Cooper Lake, LLC (CL) have met with City staff and
officials and residents of the affected area to help with the synthesis of a suitable plan. Ms.
Hansford stated the subject property has significant development restraints. Ms. Hansford stated
new elevation plans for this project have been submitted to the City for approval. Ms. Hansford
stated a reduction in the rear buffer behind Building A has been requested. Ms. Hansford stated
the subject property has been pre-leased and is about 85% full at the present time. Ms. Hansford
introduced Mr. Bill Ramsbottom from CL to those present. Council Member Lnenicka thanked
Ms. Hansford and Mr. Ramsbottom for meeting with the residents of the affected area regarding
this proposal. Council Member Lnenicka asked Ms. Hansford if the special conditions and
applicable standard conditions of this rezoning request are acceptable to CL, and Ms. Hansford
answered in the affirmative. Council Member Lnenicka asked Ms. Hansford why this property
cannot be marketed with an OI zoning. Ms. Hansford stated the developer would like to have
flexibility for certain other uses.
Honorary Mayor Roos recognized Ms. Mary Rose Barnes, and Ms. Barnes expressed opposition
to this rezoning request. Ms. Barnes expressed the view that the proposal does not meet the
standards of the neighborhood shopping code, nor does it protect the property rights of adjacent
homeowners in Cooper Creek. Ms. Barnes expressed the view that the planned buildings are not
in scale with surrounding structures. Ms. Barnes expressed reservations about underground water
detention systems such as the one proposed for use at the subject property. Ms. Barnes expressed
the view that the subject property has a viable use as currently zoned. Ms. Barnes asked the city
council to deny this rezoning request.
Mr. Ramsbottom stated he is unfamiliar with the type of water filtration system Ms. Barnes
alluded to, but advised he will work with staff to ascertain if they are conversant with such
matters. Council Member Lnenicka asked Mr. Ramsbottom if he is willing to work with the city
engineer to arrive at a suitable egress and ingress plan for the subject property, and Mr.
Ramsbottom answered in the affirmative.
MOTION: Council Member Lnenicka made a motion to approve Rezoning Request Z06-039
from O-I Conditional to NS-Conditional for Land Lot 604 and Land Lot 621 at 4390 South Cobb
Drive for a1.9 acre tract for Cooper Lake, LLC subject to special conditions and applicable
standard conditions with the note that special conditions #9 and #10 are modified to change the
date of submission of the site plan and building renderings to the date of this meeting. The
motion was seconded by Council Member Wood. Council Member McNabb stated he believes
the subject tract could be developed with OI zoning. Council Member McNabb stated he will not
support this rezoning. Council Member McNabb stated he believes office space suitable for
health care offices and facilities are needed in the subject area. Council Member Newcomb
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stated he will not support this rezoning. Council Member Newcomb stated provisions for water
filtration should not be considered on a case-by-case basis. Council Member Newcomb stated
more office and institutional zoned property and less retail zoned property is needed on South
Cobb Drive. Council Member Newcomb stated the Planning and Zoning Board recommended
denial of this request and there are reasons they voted this way. Council Member Newcomb
stated staff comments in the rezoning analysis of this case indicate adjacent properties could be
adversely affected by the rezoning as proposed and that one of the citizens present at this meeting
pointed out that the subject property has a viable use as currently zoned. Council Member
Newcomb expressed the view that the city council should stand by its 2002 decision to allow the
subject property to be developed for office and institutional type uses. Motion resulted in a tie
vote of 3 – 3 with Council Members McNabb, Newcomb and Scoggins in opposition. Mayor
Bacon voted in favor of the measure to break the tie, and the motion was approved. Mayor Bacon
expressed the view that developers are conversant with land use matters and that in this instance
he will rely on the developer’s conclusions. Council Member Lnenicka stated Council Member
Smith indicated earlier this evening that he was not feeling well, and this is the likely reason for
his absence from this meeting.
(E) Public Hearing – Rezoning Request Z07-010 – zoning amendment (change in elevations)
– Hawthorne Avenue – Cottage Craft Homes, LLC and DGD Holdings, Inc.
Mr. Wright stated the applicant is requesting permission to change the elevations of the
townhouses planned for the subject property and that staff recommends approval of the request.
Mr. Suddreth provided additional details concerning this request to those present. Mr. Suddreth
reviewed the special conditions of this rezoning request for those present
Honorary Mayor Roos stated this is a public hearing and asked for public comment. There was
none.
Council Member Scoggins recognized Mr. Ryan Casadaban, and Mr. Casadaban provided details
to those present concerning the requested design changes. Council Member Scoggins asked Mr.
Casadaban if he agrees with the conditions of the rezoning amendment. Mr. Casadaban stated he
would like the flexibility to depart from four-sided brick or stucco architecture for the rear
elevations of the planned units. Council Member McNabb stated he would like to see a
stipulation for this zoning amendment requiring construction of a fountain on the subject
premises. Mr. Casadaban asked if the stipulation could be written so that the requirement for a
fountain becomes mandatory if some form of horizontal siding material is used on any of the rear
elevations, and Council Member McNabb said yes. Council Member Newcomb asked Mr.
Casadaban if he would agree to a condition of rezoning to require 50% of all the units to have
four-sided masonry architecture with flexibility for finishing the rear elevations of the remaining
50% in other materials, and Mr. Casadaban answered in the affirmative. Council Member
Newcomb asked Mr. Casadaban if it is correct that the changes he is requesting include changing
the maximum allowed height of the planned structures from 35’ to 42’ and to be allowed to build
at least 50% of all the units to have four-sided masonry or stucco architecture with flexibility for
finishing the rear elevations of the remaining 50% in other suitable materials, and Mr. Casadaban
answered in the affirmative. Council Member Scoggins asked Mr. Casadaban if he agrees with
the conditions of the rezoning amendment, and Mr. Casadaban answered in the affirmative.
April 16, 2007
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MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z07-010 for
a zoning amendment for change in elevations at Hawthorne Avenue for Cottage Craft Homes,
LLC and DGD Holdings, Inc. subject to special conditions as discussed and agreed upon by the
applicant. The motion was seconded by Council Member Pritchett. Motion was approved 6 – 0.
(Clerk’s Note: A copy of applicable conditions is appended hereto as Exhibit “B”)
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(F) Public HearingAmendment to the Sign Ordinance regarding non-conforming signs
Mr. Wright stated the current ordinance does not allow non-conforming signs to be repaired if the
repair costs exceed a certain amount. Mr. Wright stated staff recommends approval of this
amendment.
Honorary Mayor Roos stated this is a public hearing and asked for public comment. There was
none.
MOTION: Council Member Newcomb made a motion to approve Ordinance 2007- 5 amending
Chapter 82, Section 82-10, subsection (2), Nonconforming signs of the Smyrna Code of
Ordinances. The motion was seconded by Council Member Pritchett. Council Member McNabb
expressed the view that this ordinance revision may be a useful interim step, but that a work
session is needed to review the City’s sign regulations. Motion was approved 5 -1 with Council
Member Lnenicka in opposition.
(G) Public Hearing – Rezoning Request Z07-003 – NS to NS Conditional – Atlanta Road and
Creatwood Trail – The Garner Investment Group, LLC
Mr. Wright stated the applicant is seeking approval to construct a 10,920 square foot shopping
center and that the rezoning will not require a land use change. Mr. Wright stated the Planning
and Zoning Board made a recommendation for approval of this request and that staff recommends
approval of the rezoning from NS to NS-Conditional with several conditions.
Mr. Suddreth provided additional details concerning this request to those present. Mr. Suddreth
read the special condition of this rezoning request as follows:
9. The development shall maintain the following setbacks:
Front – 15’
Street Side – 0’
Side – 10’
Rear – 50’
10. Business hours will be limited between 6:00 a.m. and 11:00 p.m.
11. There shall be no bells, whistles, or outdoor loud speakers permitted on site in
conjunction with the retail center.
12. Any proposed dumpsters shall be surrounded by a three-sided brick or stucco enclosure
with an opaque gate in the front. The lid of the dumpster shall be made of rubber.
13. Any utility boxes, HVAC components, or accessory components to the commercial
building shall be screened from the public right-of-ways and adjoining property owners.
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14. The developer shall install and maintain a 10’ wide evergreen buffer consisting of 8’ to
10’ trees installed in a staggered manner on 5’ centers along the northwestern and
southwestern property lines that adjoin single-family residences. By agreement with John
Weiland Homes & Neighborhoods, the developer shall plant and maintain additional
landscaping on the north side.
15. The developer shall install a 6’ tall wooden stained fence along the southwestern property
line.
16. Deliveries and trash pick-up shall only be permitted between the hours of 7:00 a.m. and
9:00 p.m.
17. The parking lot shall provide landscape islands after every tenth parking space the design
of which must be approved by the City of Smyrna. A landscape strip shall also be
provided between all head-to-head parking spaces.
18. The structure shall have a sloped roof of at least 6/12 pitch. Deviations may be approved
by the Director of Community Development.
19. The commercial building shall have entry doors along Atlanta Road.
20. The following uses shall be prohibited in the proposed shopping center:
?
Automotive sales/repair
?
Automobile wash service
?
Boarding and breeding kennels
?
Dry cleaning plants
?
Adult Novelty Stores & Adult Entertainment
?
Pawnshops
?
Check Cashing Stores
?
Pool Hall or Arcade
?
Service stations
?
Coin Operated Laundry
?
Composting Facility
?
Funeral Homes
?
Group Homes
?
Shelter for the Homeless
?
Tattoo Parlor
?
Package Store
21. Approval of the Subject Property for Neighborhood Shopping shall be conditioned upon
the development of the property in substantial compliance with the submitted site plan
dated 3/27/07.
22. The applicant shall be bound to the elevations submitted and dated 4/04/07. If there is any
change to the elevations it must be approved by the Director of Community
Development.
Honorary Mayor Roos stated this is a public hearing and asked for public comment. There was
none.
April 16, 2007
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Council Member Lnenicka recognized Mr. Brad Garner, and Mr. Garner provided additional
details concerning this rezoning request to those present. Mr. Garner stated the subject tract was
formerly the site of a retail gasoline facility which has undergone environmental remediation and
is now in a condition which will allow the property to be developed. Mr. Garner stated that the
special conditions and applicable standard conditions identified as requirements of rezoning by
the City staff are acceptable. Mr. Garner stated he has made efforts to communicate with
residents of the surrounding area concerning this proposed development. Council Member
Lnenicka pointed out that the zoning of the subject property would not really change, but would
be amended to make the zoning site-specific to the plans as presented by Mr. Garner and to add
some conditions governing the site. Council Member Lnenicka stated he further believes that
making the zoning conditional is the most efficient way to address certain variances which may
be needed as well as other considerations. Council Member Lnenicka provided additional
background details concerning the subject property to those present. Council Member Lnenicka
stated the location of the subject property is very visible from a number of communities near the
Atlanta Road area and that he believes the proposed redevelopment will have a positive aesthetic
impact on that area. Council Member McNabb expressed appreciation to Mr. Garner for making
the effort to find a productive use for this property.
MOTION: Council Member Lnenicka made a motion to approve Rezoning Request Z07-003
from NS to NS- Conditional at Atlanta Road and Creatwood Trail for The Garner Investment
Group, LLC subject to special conditions and applicable standard conditions numbered 1 through
22 as presented by the City Community Development Department. The motion was seconded by
Council Member Wood. Motion was approved 6 – 0.
(H) Rezoning Request Z07-004 – R-20 to RAD Conditional – 1411 Hawthorne Avenue –
Brian Sadler
1. Public Hearing – Rezoning Request Z07-004 – R-15 to RAD Conditional
Hawthorne Avenue – Brian Sadler
Mr. Wright stated the applicant is seeking approval of an annexation and rezoning to
accommodate two new single-family residences along Hawthorne Avenue at a density of 4.4
units per acre. Mr. Wright stated a land use change from Low Density Residential to Moderate
Density Residential will be required for this rezoning. Mr. Wrights stated staff recommends
approval of the rezoning request subject to a number of conditions.
Mr. Suddreth provided additional details concerning this request to those present. Mr. Suddreth
read the special conditions of this rezoning request as follows:
10. The development shall maintain the following minimum setbacks:
Front – 35’
Interior Side – 5’ (minimum of 15’ between residences)
Exterior Side – 10’
Street Side – 10’
Rear – 35’
11. Driveway – 22’ minimum length from building face to edge of sidewalk. Each unit shall
have a two-car garage. Each home shall have a decorative garage door.
April 16, 2007
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12. The right-of-way along Saint Charles Avenue shall be increased to 50 feet to match other
residential road right-of-ways. Therefore a dedication of 5 feet is required. Setbacks shall
be taken from the new right-of-way.
13. Homes fronting Hawthorne Avenue shall employ architectural features on the side
elevations visible from Saint Charles Avenue, so that they mirror the front elevations.
Honorary Mayor Roos stated this is a public hearing and asked for public comment. There was
none.
Council Member Scoggins stated that, according to staff reports on this rezoning request, this
case was heard at the March 12, 2007 Planning and Zoning Board meeting. Council Member
Scoggins stated the case was approved by a vote of 6 - 0 with additional stipulations. Council
Member Scoggins stated Board Member Jones added the following stipulations:
(1) Large trees around the perimeter of the property are pruned back and fenced for protection.
(2) Some attempt should be made to design a side entry garage for the home that has a side along
Saint Charles Avenue.
Council Member Scoggins recognized Mr. Sadler and Mr. Mark Faggiola. Council Member
Scoggins asked Mr. Sadler if he is agreeable to special conditions and applicable standard
conditions identified as requirements of rezoning by the City staff. Mr. Sadler stated he is in
agreement with the stipulations except the one pertaining to ROW. Mr. Sadler stated that
extending the ROW to 50’could interfere with the building pad resulting in a long, narrow house
structure. Mr. Suddreth stated the applicant is being allowed a closer setback and there should be
no impact on the building pad. Council Member Lnenicka stated that stipulation #10 should be
amended to read “Street Side – 10’.”
2. Annexation request (100% of owners requesting annexation) – .50 acre tract –
thnd
Land Lot 562, Parcel 42, 17 District, 2 Section – 1411 Hawthorne Avenue –
Carlos Juan Ramirez
Mr. Wright stated the legal description of the subject property has been reviewed by the city
engineer and found to be in order.
MOTION: Council Member Scoggins made a motion to approve the annexation request for a .50
thnd
acre tract in Land Lot 562, Parcel 42, 17 District, 2 Section, Cobb County, Georgia at 1411
Hawthorne Avenue for Carlos Juan Ramirez to become a part of Ward 3 with an effective date of
May 1, 2007. The motion was seconded by Council Member McNabb. Motion was approved
5 – 0. (Clerk’s Note: Council Member Pritchett was not present at the time of this vote)
3. Final Vote - Rezoning Request Z07-004 – R-15 to RAD Conditional – 1411
Hawthorne Avenue – Brian Sadler
MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z07-004
from R-15 to RAD Conditional at 1411 Hawthorne Avenue for Brian Sadler subject to special
conditions and applicable standard conditions identified as requirements of rezoning by the City
staff. The motion was seconded by Council Member McNabb. Council Member McNabb stated
he supports this rezoning request and commented favorably on Mr. Sadler’s previous
developments in the City. Motion was approved 5 – 0. (Clerk’s Note: Council Member
Pritchett was not present at the time of this vote)
April 16, 2007
12
(I) Public Hearing – Rezoning Request Z07-006 – General Commercial- Conditional to
Office Distribution – Conditional – Oakdale Road and Highlands Parkway – Integrity
Development Group
Mr. Wright stated the applicant is requesting rezoning of the subject property from General
Commercial – Conditional (GC) to Office Distribution - Conditional (OD) to accommodate two
45,000 square foot self storage buildings with associated parking. Mr. Wright stated the
Planning and Zoning Board made a recommendation for approval of this request and that staff
recommends approval of the rezoning with a number of conditions.
Mr. Suddreth provided additional details concerning this request to those present. Mr. Suddreth
read the special conditions of this rezoning request as follows:
:
Special Conditions
9. The applicant shall work with the property owner of the commercial development to the
north to create inter-parcel access between the two sites. The applicant shall provide
verification to City staff regarding this request and keep staff updated as to the progress
of these discussions prior to the public hearing. Access onto Oakdale Court shall only be
permitted if the requested inter-parcel access cannot be achieved.
10. The building shall be designed with four-sided brick or stucco and match the renderings
provided with the rezoning package. The building elevation along southern property line
that adjoins the single-family residences shall have architectural features and must not be
comprised entirely of stucco or brick. All elevations must be reviewed by the Director of
Community Development prior to building permit issuance. Once approval of the
elevations is obtained, the project becomes eligible for a building permit.
11. Any proposed dumpsters shall be surrounded by a three-sided brick or stucco enclosure
with an opaque gate in the front. The lid of the dumpster must be made of rubber.
12. The parking lot shall provide landscape islands after every tenth parking space, the design
of which must obtain approval from the City of Smyrna prior to the issuance of a Land
Disturbance Permit.
13. To protect the residences to the south, no lighting shall be provided in the rear except
low-level building-mounted security lighting which shall be directed downward. The
parking lot lighting shall be limited to decorative lighting fixtures equivalent to the
Georgia Power “Sternberg” style posts used in downtown Smyrna. All exterior lighting
shall be low-intensity.
14. A 5’ wide evergreen landscape buffer along the southern property boundary shall be
consistent with the requirements of Section 503 of the City’s Zoning Code. The
landscape buffer may be located within the 50’ building setback between the southern
property boundary and the rear of the storage building. An irrigation system shall be
installed to maintain this buffer.
15. The developer shall install a 6’ opaque fence along the southern property line.
Honorary Mayor Roos stated this is a public hearing and asked for public comment, and the oath
was administered to several persons by Mr. Cochran.
April 16, 2007
13
Council Member Wood recognized Mr. Michael Landers, representing Integrity Development
Group (IDG), and Mr. Landers provided additional details concerning this request to those
present. Mr. Landers stated that this plan was not formulated on the assumption that the residents
on Oakdale Court will go away. Mr. Landers expressed the view that this request would result
in a less-intense use of the subject property. Mr. Landers stated IDG is agreeable to special
conditions and applicable standard conditions identified as requirements of rezoning by the City
staff.
Honorary Mayor Roos recognized Ms. Stephanie Siegel, residing at 1992 Oakdale Court, and Ms.
Siegel asked the city council to deny this rezoning request. Ms. Siegel stated she has had no
dialogue with the developer regarding this project. Ms. Siegel expressed concerns about traffic
safety in the subject area. Ms. Siegel expressed the view that perhaps the matter of egress and
ingress to the subject property could be afforded further study. Ms. Siegel expressed the view
that the necessity of keeping Oakdale Court open for egress and ingress limits its development
potential.
Honorary Mayor Roos recognized Mr. Phillip Core, residing at 1993 Oakdale Court, and Mr.
Core expressed the view that the proposed development could change the surrounding area.
Mr. Core expressed concerns about traffic safety in the subject area. Mr. Core stated he does not
like the aesthetics of the plan as proposed. Mr. Core expressed concerns about his residence
being in close proximity to a large wall. Mr. Core expressed concerns about possible structure
fires in the proposed building. Mr. Core expressed concerns about the proposed height of the
planned building. Mr. Core expressed the view that there should be a requirement for a 10’
buffer. Mr. Core expressed the view that there should be a requirement for limited hours of
operation at the proposed facility. Mr. Core expressed objections to barbed wire. Mr. Core
stated he wants a nice place for his children to live. Mr. Core recapitulated his various concerns
about the rezoning request for those present. Mr. Core stated the subject area is located on a
granite pluton such as the one found at Stone Mountain. Mr. Core stated previous development
in the subject area has required blasting. Mr. Core stated he does not want any blasting to occur
when his children are not in school at odd hours. Mr. Core expressed the view that the proposed
development does not appear to be suitable for the subject location.
Honorary Mayor Roos recognized Mr. Doug MacDonald, residing at 1961 Oakdale Court, and
Mr. MacDonald presented photographs of the subject area for inspection by the present officials.
Mr. MacDonald asked if his driveway will need to be dug up in connection with the proposed
plan. Mr. MacDonald asked what type of protection from blasting will he be provided by the
City and the present officials. Mr. MacDonald asked when residents of the subject area will be
notified of planned blasting. Mr. MacDonald expressed concerns about setbacks as proposed and
use of Oakdale Court for commercial traffic. Mr. MacDonald expressed concerns about traffic at
the subject location during odd hours. Mr. MacDonald expressed concerns about traffic
congestion in the subject area. Mr. MacDonald asked if trucks will be idling at the subject
location. Mr. MacDonald asked if there will be diesel soaked into his house and into the other
houses in his neighborhood. Mr. MacDonald asked if another assessor can come to his
neighborhood to assess the situation one or two years after the proposed project has been built.
Mr. MacDonald stated his neighborhood is not part of the proposed development but rather a
residential area with a road that is sub-par for commercial vehicles. Mr. MacDonald expressed
the view that a 5’ setback will not allow machines to operate without damaging the houses in his
neighborhood. Mr. MacDonald asked where construction equipment will be stored during
construction of the planned development. Mr. MacDonald stated he would not necessarily be
against a development with a 15’ setback that did not route traffic through Oakdale Court.
April 16, 2007
14
Honorary Mayor Roos recognized Ms. Danielle Tuttle, residing at 1958 Oakdale Court, and Ms.
Tuttle expressed concerns about traffic congestion and traffic safety in the subject area. Ms.
Tuttle asked the city council to deny this rezoning request or to at least disallow commercial
traffic on Oakdale Court.
Honorary Mayor Roos recognized Mr. Steve Prouse, residing at 1966 Oakdale Court, and Mr.
Prouse expressed concerns about the proposed height of the planned building and the length of
the proposed setback. Mr. Prouse expressed concerns about blasting and other construction work
which could be done in the subject area. Mr. Prouse expressed concerns about traffic congestion
on Oakdale Court which could result from the planned project. Mr. Prouse recapitulated his
various concerns about the rezoning request for those present. Mr. Prouse stated he is opposed to
this rezoning request.
Honorary Mayor Roos recognized Mr. Gord (phonetic), owner of property at 1987 Oakdale
Court, and Mr. Gord commented favorably about the architectural renderings for this proposal
submitted by IDG. Mr. Gord asked what hours of operation will be allowed at the subject
location. Mr. Gord expressed various concerns about traffic safety in the subject area. Mr. Gord
stated he believes this rezoning request should be subject to a stipulation limiting the hours of
operation. Mr. Gord expressed concerns about the appearance of signs in the subject area.
Honorary Mayor Roos recognized Mr. Phil Moneti, owner of property at 1979 Oakdale Court,
and Mr. Moneti asked the city council to table this request for further review or deny it. Mr.
Moneti asked about the dimensions of the subject tract. Mr. Moneti made reference to Section
802 of the Smyrna Code of Ordinances and requirements for square footage and other
requirements as they relate to the subject property. Mr. Moneti expressed the view that the
project as proposed cannot be done according to the ordinances. Mr. Moneti expressed the view
that the proposed development will have to introduce traffic onto Oakdale Court. Mr. Moneti
stated he asked Mr. Suddreth for information on Oakdale Court and was advised that Oakdale
Court has a ROW of 40’ with a pavement width of 19.’ Mr. Moneti stated it is a substandard
residential street by current specifications. Mr. Moneti expressed the view that this request
should be afforded further review and denied.
Honorary Mayor Roos recognized Ms. Mary Rose Barnes, and Ms. Barnes stated the signs
advertising this meeting were not properly maintained and that she was not aware of this proposal
before the PZB meeting. Ms. Barnes expressed the view that proper notification of zoning
meetings should be made. Ms. Barnes expressed concerns about use of a substandard road in
connection with the rezoning proposal, buffer dimensions and proposed building height. Ms.
Barnes expressed concerns about blasting which could be required for construction associated
with this proposal. Ms. Barnes asked that no project should be approved for the subject property
without a level 2 geotechnical study and sufficient performance bonds. Ms. Barnes expressed
concerns about the viability of a self-storage facility without signs and access on South Cobb
Drive. Ms. Barnes expressed concerns about site distance considerations in the subject area.
Ms. Barnes expressed the view that a deceleration lane should be built for any project in the
subject area. Ms. Barnes expressed reservations about underground water detention systems such
as the one proposed for use at the subject property. Ms. Barnes asked that this request be denied
or tabled for further review and that proper time for posting of the meeting be allowed.
Mr. Landers showed an amended site plan without an office application to the present officials.
Mr. Landers stated he believes this modification could help minimize the effects of traffic in the
subject area. Mr. Landers stated the access on Oakdale Court can be eliminated. Mr. Landers
stated that large tractor-trailer rigs seldom access self-storage facilities such as the one proposed.
April 16, 2007
15
Mr. Landers stated the subject property is 105’ in width. Mr. Landers stated he has never seen a
self-storage facility which has failed. Mr. Landers stated he had planned to have sidewalks built
along Oakdale Court to help improve the safety there, but sidewalks will not be needed for the
plan amendment he has in mind. Mr. Landers stated he believes the topography of the subject
property will tend to minimize the visual effect of the height of any building constructed there.
Mr. Landers stated he does not believe a lot of blasting will be needed in connection with this
proposal, but precautions are taken anytime blasting is planned.
At Council Member Wood’s request, Mr. Suddreth commented on various points of Mr. Landers’
alternative proposal.
MOTION: Council Member Wood made a motion to table Rezoning Request Z07-006 from
General Commercial- Conditional to Office Distribution – Conditional on Oakdale Road and
Highlands Parkway for Integrity Development Group until the May 7, 2007 meeting. The motion
was seconded by Council Member Scoggins. Motion to table was approved 6 – 0. Council
Member McNabb expressed appreciation to the citizens who attended this meeting to express
their concerns. Council Member McNabb expressed concerns about the possible intensity of the
proposed development for that location. Council Member McNabb expressed concerns about
utilizing a residential street for one-way exit of commercial traffic. Council Member McNabb
stated the development concept is good but he is not certain it is compatible with the subject site.
Council Member Lnenicka suggested that the residents of Oakdale Court consult with Council
Member Wood if they are interested in seeing their property redeveloped. Council Member
Lnenicka stated that if Oakdale Court is to remain a neighborhood then it should be properly
maintained. Council Member Lnenicka stated the city council will try to help the residents of
Oakdale Court achieve whatever goals for their community they decide are best for them.
(J) Public Hearing – Rezoning Request Z07-009 – plan change for location of driveways –
1613 Walker Street and 1619 Walker Street – Blue Lion Development Company, LLC
Mr. Wright stated the applicant is requesting amendment of the previously approved rezoning to
change the driveway access to four new homes. Mr. Wright stated staff recommends approval for
two shared driveways with a minimum width of fifteen feet from Walker Street. Mr. Suddreth
provided additional details concerning this request to those present.
Honorary Mayor Roos stated this is a public hearing and asked for public comment, and the oath
was administered to several persons by Mr. Cochran.
Honorary Mayor Roos recognized Mr. Bill Stafano, and Mr. Stafano stated there are tires on a
nearby property, the fence is down, weeds are growing, there is a dumpster, mounds of dirt with
bricks, and bags of concrete.
weeds,
Honorary Mayor Roos recognized Mr. Colin Gallagher, representing Blue Lion Development
Company, LLC (BLD), and Mr. Gallagher provided additional details concerning this request to
those present.
Council Member Scoggins read the conditions of this zoning amendment as follows:
1. The zoning amendment shall abide by all the zoning stipulations agreed upon for
rezoning case Z06-026 with one exception that stipulation #14 be excluded.
2. The pavement width of the shared driveways shall be a minimum of 15’ in width.
April 16, 2007
16
3. The developer shall create deed covenants for the shared driveways in which the
ownership, maintenance, and utilization are the shared responsibility of each
homeowner. These covenants must be supplied to the City prior to the issuance of a
building permit.
Council Member Scoggins asked Mr. Gallagher if the conditions as read are acceptable. Mr.
Gallagher expressed reservations about conditions #2 and #3.
Mr. Stafano asked Mr. Gallagher about storage in driveways at the subject location. Mr.
Gallagher stated he has not given anyone permission to use any parking pad. Mr. Stafano stated
he has spent vast sums of money digging and planting where people use the street for turning
around. Mr. Stafano expressed the view that two driveways are preferable to four at the subject
location.
MOTION: Council Member Scoggins made a motion to table Rezoning Request Z07-009 for a
plan change for location of driveways at 1613 Walker Street and 1619 Walker Street for Blue
Lion Development Company, LLC until the May 7, 2007 meeting. The motion was seconded by
Council Member McNabb. Motion to table the measure was approved 5 – 1 with Council
Member Lnenicka in opposition.
(K) Public Hearing – Variance Request V07-006 – waiver of requirement for daycare facility
in R-15 zoning district to be adjacent to a non-residential property – Smyrna/Powder
Springs Road
MOTION: Council Member Wood made a motion to table Variance Request V07-006 for a
waiver of requirement for daycare facility in R-15 zoning district to be adjacent to a non-
residential property on Smyrna/Powder Springs Road until the May 7, 2007 meeting. The motion
was seconded by Council Member Scoggins. Motion to table the measure was approved 6 – 0.
(L) Public Hearing– Approval of Resolution for transmittal of the Community Agenda
section of Smyrna’s 2030 Comprehensive Plan to the Atlanta Regional Commission and
the Georgia Department of Community Affairs
Honorary Mayor Roos recognized Mr. Osman Ercin representing Robert and Company, a
consulting firm engaged to assist the City with updating its Comprehensive Plan, and Mr. Ercin
provided an overview of the review and revision process for the Comprehensive Plan for those
present.
At Council Member Newcomb’s request, Mr. Suddreth provided additional details concerning
this process to those present. Mr. Suddreth stated the Comprehensive Plan can still be modified
at this stage. Mr. Suddreth stated the Comprehensive Plan will be sent to ARC for review,
and that agency and the City’s leadership may make additional changes to the Plan during the
next 60 days. Mr. Suddreth stated he anticipates that the Plan will be ready for final review
around June of the present year. Mr. Ercin noted that if substantial changes are made to the Plan,
ARC has authority to restart the timetable for the review process. Mr. Ercin stated ARC is
allowed up to 120 days to review plans of this type. Council Member McNabb stated he would
like to have more time to review the Plan before it is sent forward. Council Member Newcomb
stated he would like to see this matter scheduled for review at the committee level. Mr. Wright
recommended that, because of time-sensitivity considerations, the Plan be forwarded at this time
so as not to jeopardize the City’s status as a qualified local government. Mr. Suddreth stated
most of the work on the Plan has been completed.
April 16, 2007
17
MOTION: Council Member Newcomb made a motion to approve the Resolution for transmittal
of the Community Agenda section of Smyrna’s 2030 Comprehensive Plan to the Atlanta
Regional Commission and the Georgia Department of Community Affairs as submitted. The
motion was seconded by Council Member Lnenicka. Motion was approved 5 – 1 with Council
Member McNabb in opposition.
PRIVILEGE LICENSE:
(A) Public Hearing – privilege license request – retail package sales (beer and wine) –
CVS Pharmacy #4470 – 2994 Atlanta Road – Kimberly D. Hamilton, agent applicant
MOTION: Council Member Scoggins made a motion to withdraw without prejudice at the
applicant’s request privilege license request for retail package sales of beer and wine for CVS
Pharmacy #4470 at 2994 Atlanta Road for Kimberly D. Hamilton as agent applicant. The motion
was seconded by Council Member Newcomb. Motion to withdraw the measure was approved
6 – 0.
FORMAL BUSINESS:
(A) Public Hearing – Approval of Highlands Apartments redevelopment project within the
Atlanta Road Corridor tax allocation district {TAD} application
MOTION: Council Member Wood made a motion to table Approval of Highlands Apartments
redevelopment project within the Atlanta Road Corridor tax allocation district {TAD}
application until the May 7, 2007 meeting. The motion was seconded by Council Member
Scoggins. Motion to table the measure was approved 6 – 0.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of April 2, 2007 minutes
(B) Revision of City of Smyrna Personnel Policies and Procedures
As a means to comply with the ever-changing laws and to maintain good human
resources functions, the Human Resources Department along with assistance from
Elarbee, Thompson, Sapp & Wilson (GIRMA Attorneys) recommend the revision of the
following City of Smyrna Personnel Policies and Procedures: (29) A Drug and Alcohol
Free Workplace; (30) Risk Management & Loss Prevention/Safety & Accident
Reporting; (31) Vehicle Safety
(C) Approval of budget transfer from contingency to the HR Professional Services
The Human Resources Department is requesting a transfer from contingency to cover the
.
cost of the Department of the Year Safety Incentive Award
April 16, 2007
18
(D) Award of bid for Air and Light Trailer
The Finance Department and the Fire Department recently sought bids for a Breathing
Air Quality Air and Light Trailer. Three vendors provided sealed bids. Bids were opened
on April 3, 2007 for the Air and Light Trailer. The bidders and their prices were as
follows:
1. Universal Air Products $ 75,495.00
2. North Alabama Fire Equipment Company $ 76,000.00
3. Southern Fire Service and Sales $ 99,760.00
Staff recommends award of the bid for the Air and Light Trailer to Universal Air
products in the amount of $ 75,495.00.
(E) Approval of street closures for Events on the Village Green, around City Hall and in the
Market Village on Saturday, April 28 and Sunday, April 29
rd
Staff recommends
closures as requested in conjunction with approval of the 3 Annual
Crawfish Boil in the Market Village.
(F) Award of Bid # 7-027
Public Works requested bids for the replacement of fuel dispensers and related
equipment.
Three vendors were solicited for bids and three were received as follows:
Jones and Frank Corp. $30,815.65
APEC Inc. $38,522.00
MECO of Atlanta, Inc. $36,613.00
Public Works Staff and Purchasing have reviewed the bids and recommend bid award to
the lowest bidder, Jones and Frank Corp. for $30,815.65.
MOTION: Council Member Wood made a motion to approve the consent agenda. The motion
was seconded by Council Member Lnenicka. Motion was approved 6 – 0.
COMMITTEE REPORTS:
Council Member Pritchett yielded the floor with no report.
Council Member Newcomb yielded the floor with no report.
Council Member Scoggins yielded the floor with no report.
Council Member McNabb yielded the floor with no report.
Council Member Lnenicka yielded the floor with no report.
Council Member Wood yielded the floor with no report.
Honorary Mayor Roos commented favorably on the evening’s proceedings and thanked the
present officials for allowing him to preside over this meeting.
CITIZENS INPUT:
There was none.
April 16, 2007
19
ADJOURNMENT:
With no further business, the meeting was adjourned at12:30 a.m.
________________________________ ________________________________
A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK
MELLENY PRITCHETT, WARD 1 RON NEWCOMB, WARD 2
BILL SCOGGINS, WARD 3 MICHAEL McNABB, WARD 4
JIMMY D. SMITH, WARD 5 WADE S. LNENICKA, WARD 6
__________________________________
CHARLES PETE WOOD, WARD 7
April 16, 2007
20
Exhibit “A”
Rezoning Request Z06-049
April 16, 2007
Standard Conditions
(Requirements #1, 2, 8, 10, 16 and 17 from Section 1201 of the Zoning Code are not
applicable)
1. There shall be protective covenants with a mandatory homeowners association on all
lots. These protective covenants shall be supplied to the City prior to the issuance of
a building permit.
2. The developer shall provide at least 200 square feet of common space per lot or unit.
This common space shall be developed with improvements for the residential
subdivision such as: gazebos, fountains, recreational/playground equipment or
walking trails. The common space shall be controlled and maintained by the
Homeowners Association.
3. The detention pond shall be placed and screened appropriately to be unobtrusive to
homes inside and outside the development. The storm water detention plan shall be
designed to create at least a 10% reduction in a 2-year to 100-year storm event. The
City Engineer shall approve all plans.
4. All utilities within the development shall be underground.
5. The developer shall be responsible for any traffic improvements (including additional
right-of-way dedications) deemed necessary by either the City or the County during
construction plan review. Sidewalks shall be provided by the developer inside the
subdivision and outside the subdivision adjacent to any public right-of-way
consistent with City’s requirements for the extent of the development. A grass buffer
with a minimum width of 2’ shall be provided between the back of curb and
sidewalk. The grass buffer may be waived if it is deemed unnecessary by the City
Engineer.
6. A strip of brick pavers or stamped concrete shall be installed on the street at the
subdivision entrance for a minimum distance of 20 feet.
7. No debris may be buried on any lot or common area.
8. The developer will install decorative streetlights within the development, subject to
approval by the City Engineer. Utilization of low intensity, environmental type
lighting, the illumination of which shall be confined within the perimeter of the
subject property through the use of “full-cutoff lighting”.
9. The developer will comply with the City’s current tree ordinance (unless noted
elsewhere). All required tree protection measures shall be adhered to by the
developer during construction.
10. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances. There shall be a landscaped
front entrance, with monument, indicating the name of the development.
April 16, 2007
21
11. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
Special Conditions
(Special Condition 18 was added by Planning Board Member Larry Jones at the March 12,
2007 P&Z meeting)
12. The development shall maintain the following setbacks:
Front Setback – 10’
Street Side – 25’
Exterior (non street) – 25’
Rear Setback – 50’
Building to Building Setbacks
Front to Front – 50’
Side to Side – 50’
Front to Rear – 50’
Side to Rear – 50’
Rear to Rear – 50’
13. An evergreen buffer consisting of 8’ to 10’ trees installed in a staggered manner on 5’
centers along the northern, eastern and western property lines that adjoin single-
family residences.
14. The developer shall be responsible for any additional right-of-way dedication to
maintain a 25’ distance from the centerline of Medlin Street. A 5’ right-of-way
dedication is required along Medlin Street. Setbacks shall be taken from the existing
right-of-way. An appropriate streetscape along Medlin Street shall be provided.
15. All mechanical and HVAC equipment shall be behind all the buildings and screened
from public view through landscaping.
16. The developer shall remove all existing buildings from the site.
17. The architectural style and composition of the buildings in which newly constructed
condominium homes shall be consistent with the elevations/ renderings submitted
with rezoning documentation.
18. Boats or RV shall not be stored on the premises.
19. Buffer averaging is allowed to address the proposed encroachment of Building “C”
and the proposed parking lot into the 25’ impervious surface buffer. This will be
reflected in the site plan prior to plan review. (This stipulation was agreed upon by
the applicant.)
April 16, 2007
22
20. The parking lot shall provide landscape islands after every tenth parking space the
design of which must be approved by the City of Smyrna. A landscape strip shall also
be provided between all head-to-head parking spaces. (This stipulation was agreed
upon by the applicant.)
*21. Staff is to be given discretionary authority to make minor changes to the site plan
during the plan review process. This discretionary authority is limited to such
changes which affect no more than 10% of any aspect of this project.
*22. The development shall have a mandatory homeowners association.
*23. No more than 10% of the total number of units at this development can be leased at
any given time. During the time of any lease the leased unit must be actively
marketed for sale.
*24. Construction hours for the development will be restricted to Monday through Friday
from 7:00 a.m. to 6:00 p.m., Saturday 9:00 a.m. to 6:00 p.m. with no work to be done
on Sunday.
*25. Developer agrees to abide by any conditions not in conflict with City regulations set
forth in a letter of agreeable stipulations submitted to the City for this rezoning dated
April 5, 2007 from the office of Sams, Larkin & Huff, LLC
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
-
Ordinance Number
Land Lot 562
Acres ~
2007-2
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 ofthe land described in Exhibit "A" attached
hereto have been notified ofthe City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on April 16, 2007 after
first providing notice as required by law; 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 ofthe citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
-
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this
April, 2007
f
---
A. Max Bacon, Mayor
~D\Cj~
Susan D. Hiott, City Clerk
City of Smyrna
-
J~
Scott A. Cochran, City Attorney
City of Smyrna
Ordinance # 2007 - 2
Exhibit "A"
-
Beginning at an iron pin set (#4 rebar) located at the intersection of northerly right-of-
way ofHA WTHORNE AVENUE (50' R/W) and the easterly right-of-way of SAINT
CHARLES DRIVE (40' R/W) and said point being the POINT OF BEGINNING; thence
running northerly along the easterly right-of-way of SAINT CHARLES DRIVE (40'
R/W), N09008'57"E, a distance of 140.00 feet to an iron pin found (#4 rebar); thence
leaving said right-of-way and running S81 oI5'59"E, a distance of 140.00 feet to an iron
pin found (#4 rebar); thence running S09009'20"W, a distance of 140.00 feet to an iron
pin set (#4 rebar) located on the northerly right-of-way ofHA WRTHORNE AVENUE
(50' R/W); thence continuing westerly along the northerly said right-of-way and running
N81 oI5'59"W, a distance of 140.00 feet to an iron pin set (#4 rebar) and the POINT of
BEGINNING.
-
-
ORDINANCE No. 2007-4
-
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 82, SIGNS, SECTIONS
82-2 DEFINITIONS; 82-3 SIGNS NOT REQUIRING PERMITS AND 82-16
SIGNS ALLOWED IN ZONING DISTRICTS, CITY OF SMYRNA,
GEORGIA, BE AMENDED BY REVISING SAID SECTIONS. BE IT
ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That Sec. 82-2 Definitions; Sec. 82-3 Signs not requiring permits and
Sec. 82-16 Signs allowed in zoning districts, City of Smyrna, Georgia, be
amended to read as follows:
Sec. 82-2. Definitions.
(Delete the Real Estate Sign definition from this section)
ReElI Estate Sign any sign utilized to sell or lease a property. Such signs shal-l---Het exceed 8
square f-eet ineffi4i.ng areas devoted to brochures or other informatte&.-
(Amend the Standard Informational Sign definition to read)
-
"Standard Informational Sign means a sign erected by the owner of the property or the property
owner's designee which contains information for the public including but not limited to security
identification sign, or any other commercial or non-commercial message. Informational signs on
residentially zoned property shall not exceed 8 square feet. Informational signs on non-
residentially zoned property shall not exceed 32 square feet. Informational signs on non-
residentially zoned property shall be permitted and regulated as temporary signs."
(Amend the Temporary Advertising Sign definition to read)
"Temporal}' Advertising Sign includes any sign with a commercial message, including but not
limited to a banner or advertising display constructed of cloth, canvas, light fabric, cardboard,
wall board or other light materials, with or without frames, intended to be displayed for a short
period of time only. Temporary signs must be removed within two (2) days of the end of the
event, but in no case shall a temporary sign exceed six (6) consecutive months. Such sign face
shall not be larger than 32 square feet. One temporary sign is permitted per street frontage for
each lot, business or residential development. Any banner constructed from a I ight material must
be affixed to a permanent structure."
Sec. 82-3. Signs Not Requiring Permits.
(Delete Real Estate Signs from this section)
(I) Real estate signs.
(Amend Standard Informational Signs to read)
"Standard Informational Signs on residentially zoned property."
-
ORDINANCE No. 2007-4
Sec. 82-16. Signs Allowed in Zoning Districts.
(Amend subsections (1), (1) (a) and (2) (c) to read)
-
"(1) No signage other than house number, historic marker, original house designation, street
identification number, subdivision entrance/development sign, standard informational sign, yard
sale sign, ground based monument sign, or instructional sign shall be allowed on any residential
property/development in the city. No sign with the total area of each sign face greater than what
is permitted for each sign shall be allowed on any residential property/development in the city."
a. Any literature packets, notices such as under contract, reduced price, new price or other
ancillary information on standard informational signs must be displayed within the
prescribed 8 square feet allowed for each sign face area.
c. Temporary advertising signs, including banners, relating to the initial opening or final
closing of a business or service, provided the area of each sign face shall not exceed 32
square feet and shall not be closer than 20 feet to the pavement of any street or on any
public right-of-way. Such signs must obtain approval from the Community Development
Department. If approval is obtained for a temporary sign is obtained, the sign must be
removed within two (2) days of the end of the event, but in no case shall a temporary sign
exceed six (6) consecutive months."
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
-
Aproved by Mayor and Council this 16th day of April, 2007.
A. Max Bacon, Mayor
Attest:
~~g.~
Susan D. Hiott, City Clerk
City of Smyrna
Approved as to form:
l~~
Scott A. Cochran, City Attorney
-
2
ORDINANCE No. 2007-5
--
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 82, SIGNS, SECTION
82-10 (2), CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING
SAID SECTION. BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF SMYRNA, GEORGIA:
That Sec. 82-10, Nonconforming signs, subsection (2), City of Smyrna,
Georgia, be amended to read as follows:
"Nothing in this section shall be deemed to prevent keeping in good repair a
nonconforming sign. No repairs or alterations totaling more than 25 percent of the
reconstruction cost of the entire sign shall be allowed except to make the sign comply
with the requirements of this article or unless the repairs or alterations result in a 30%
or more reduction in the current height of the sign and a 30% or more reduction in the
current square footage of the sign face. Notwithstanding the provisions of this
ordinance, damage to the sign which was caused by an act of God or other matter
beyond the control of the owner may be repaired provided that the repairs are
completed within 60 days of the damage to the sign."
--
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effictive date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
h
Aproved by Mayor and Council this 16th day of April, 2007.
~
A. Max Bacon, Mayor
Attest:
~~D.C;~
Susan D. Hiott, City Clerk
City of Smyrna
--
Approved as to form:
l~-
Scott A. Cochran, City Attorney
-
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 562
Acres .50
2007-2
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached
hereto have been notified ofthe City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on April 16, 2007 after
first providing notice as required by law; 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 ofthe municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
~
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A. "
BE IT ALSO ORDAINED that the Official Map ofthe City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this
April. 2007
A. Max Bacon, Mayor
----
f
~D/i~
Susan D. Hiott, City Clerk
City of Smyrna
-
J~
Scott A. Cochran, City Attorney
City of Smyrna
-
Ordinance # 2007 - 2
Exhibit "A"
Beginning at an iron pin set (#4 rebar) located at the intersection of northerly right-of-
way ofHA WTHORNE AVENUE (50' R1W) and the easterly right-of-way of SAINT
CHARLES DRIVE (40' R1W) and said point being the POINT OF BEGINNING; thence
running northerly along the easterly right-of-way of SAINT CHARLES DRIVE (40'
R1W), N09008'5TE, a distance of 140.00 feet to an iron pin found (#4 rebar); thence
leaving said right-of-way and running S81 0 15' 59"E, a distance of 140.00 feet to an iron
pin found (#4 rebar); thence running S09009'20"W, a distance of 140.00 feet to an iron
pin set (#4 rebar) located on the northerly right-of-way ofHA WRTHORNE AVENUE
(50' R1W); thence continuing westerly along the northerly said right-of-way and running
N81 oI5'59"W, a distance of 140.00 feet to an iron pin set (#4 rebar) and the POINT of
BEGINNING.
-
-
ORDINANCE No. 2007-4
-
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 82, SIGNS, SECTIONS
82-2 DEFINITIONS; 82-3 SIGNS NOT REQUIRING PERMITS AND 82-16
SIGNS ALLOWED IN ZONING DISTRICTS, CITY OF SMYRNA,
GEORGIA, BE AMENDED BY REVISING SAID SECTIONS. BE IT
ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That Sec. 82-2 Definitions; Sec. 82-3 Signs not requiring permits and
Sec. 82-16 Signs allowed in zoning districts, City of Smyrna, Georgia, be
amended to read as follows:
Sec. 82-2. Definitions.
(Delete the Real Estate Sign definition from this section)
Real Esttlk Sign any sign utilized to sell or lease a property. Such signs shall flot exceed g
square feet ineffi6tng areas devoted to brochures or other informatt6fl:-;
(Amend the Standard Informational Sign definition to read)
-
"Standard Informational Sign means a sign erected by the owner of the property or the property
owner's designee which contains information for the public including but not limited to security
identification sign, or any other commercial or non-commercial message. Informational signs on
residentially zoned property shall not exceed 8 square feet. Informational signs on non-
residentially zoned property shall not exceed 32 squarc feet. InformatIOnal signs on non-
residentially zoned property shall be permitted and regulated as temporary signs."
(Amend the Temporary Advertising Sign definition to read)
"TemporalJ' Advertising Sign includes any sign with a commercial message, including but not
limited to a banner or advertising display constructed of cloth, canvas, light fabric, cardboard,
wall board or other light materials, with or without frames, intended to be displayed for a short
period of time only. Temporary signs must be removed within two (2) days of the end of the
event, but in no case shall a temporary sign exceed six (6) consecutive months. Such sign face
shall not be larger than 32 square feet. One temporary sign is permitted per strect frontage for
each lot, business or residential development. Any banr.er constructed from a light material must
be affixed to a permanent structure."
Sec. 82-3. Signs Not Requiring Permits.
(Delete Real Estate Signs from this section)
(l) Real estate signs.
(Amend Standard Informational Signs to read)
-
"Standard Informational Signs on residentially zoned property."
ORDINANCE No. 2007-4
Sec. 82-16. Signs Allowed in Zoning Districts.
-
(Amend subsections (1), (1) (a) and (2) (c) to read)
"( 1) No signage other than house number, historic marker, original house designation, street
identification number, subdivision entrance/development sign, standard informational sign, yard
sale sign, ground based monument sign, or instructional sign shall be allowed on any residential
property/development in the city. No sign with the total area of each sign face greater than what
is permitted for each sign shall be allowed on any residential property/development in the city."
a. Any literature packets, notices such as under contract, reduced price, new price or other
ancillary information on standard informational signs must be displayed within the
prescribed 8 square feet allowed for each sign face area.
c. Temporary advertising signs, including banners, relating to the initial opening or final
closing of a business or service, provided the area of each sign face shall not exceed 32
square feet and shall not be closer than 20 feet to the pavement of any street or on any
public right-of-way. Such signs must obtain approval from the Community Development
Department. If approval is obtained for a temporary sign is obtained, the sign must be
removed within two (2) days of the end of the event, but in no case shall a temporary sign
exceed six (6) consecutive months."
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
-
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
Aproved by Mayor and Council this 16th day of April, 2007.
A
A. Max Bacon, Mayor
Attest:
~---:> 9.~
Susan D. Hiott, City Clerk
City of Smyrna
Approved as to form:
l~ -
Scott A. Cochran, City Attorney
2
SAMS, LARKIN & HUFF
A LIMITED LIABILITY PARTNERSHIP
April 16, 2007
ATTORNEYS AT LAw
SUITE 100
376 POWDER SPRINGS STREET
MARIETTA, GEORGIA 30064-3448
Exhibit "A"
GARVIS L. SAMS, JR.
JOEL L. LARKIN
PARKS F. HUFF
JAMES A. BALLI *
MELISSA P. HAISTEN
770 ,422.7016
TELEPHONE
770 .426. 6583
FACSIMILE
WWW.SAMSLARKINHUFF.COM
OF COUNSEL
DAVID P. HARTIN
April 5, 2007
*ALSO LICENSED TO PRACTICE
IN ALABAMA
VIA E-MAIL and
HAND DELIVERY
Mr. Russell Martin, Planner I
City of Smyrna Community Developrnent Department
3180 Atlanta Road
Smyrna, GA 30080
Re: Application of Capital City Properties, Inc. to Rezone a 7.416 Acre Tract
From RM-12 to RHR Conditional (Case No. Z06-049)
Dear Rusty:
As you know, this firm represents Peter Bright and Capital City Properties, Inc. ("Capital
City") which is the applicant and also the property owner concerning the above-captioned
Application for Rezoning. The application was heard and recommended for approval by the
Planning & Zoning Board March 12, 2007. Since that Public Hearing, we have continued our
dialogue with area residents, including a meeting which occurred last week in Council Chambers.
The Application is now scheduled to be heard and considered for final action by the Mayor and City
Council on April 16, 2007.
Following the recommendations we have received from the City's Professional Staff and the
Planning & Zoning Board and consistent WIth our discussIOns with area resIdents, Capital CIty'S
Zoning Proposal has been modified and no,^, retlects a demolition of all of the existing apartment
buildings with all new construction as hereinafter described. In that regard, enclosed please tind the
requisite number of copies of a revised site plan. the Tree Preservation and Protection Plan and the
Tree Replacement Plan. Additionally. as a part of thIS submIssion. please Lind the requIsIte l1umher
of copies of cross-sections/sight distance profiles which depict the positiol1mg of the proposed
buildings in relation to the existing topography of the subject property.
SAMS, LARKIN & HUFF
A LIMITED LIABILITY PARTNERSHIP
VIA E-MAIL and
FIRST CLASS MAIL
Mr. Russell Martin, Planner I
City of Smyrna Community Development Department
April 5, 2007
Page 2
The balance of this letter will serve as Capital City's expression of agreement with the
following revised stipulations which shall become conditions and a part of the grant of the requested
rezoning and binding upon the subject property thereafter:
I. The revised stipulations and conditions set forth herein shall replace and supercede in full
any and all prior stipulations and conditions in whatsoever form which are currently In place
concerning the property which constitutes the subject matter of the above-captioned
application for rezoning.
2. The applicant seeks a rezoning of the subject property from the existing RM-12 Zoning
Classification to the RHR Conditional Zoning Classification in substantial conformity to that
certain revised site plan prepared by West Georgia Surveyors, Inc. which is being filed
contemporaneously herewith.
J. The specific use proposed for the redevelopment of the subject property is a master planned
residential community consisting of a maximum number of 153 newly constructed
condominium homes in a development which will be known as Elizabeth Creek
Condominiums.
4. The condominium homes shall be located in stacked flat three (3) story buildings and shall
range in unit size from a minimum of 1,800 square feet up to 2200 square feet and greater. I
5. The architectural style and composition of the buildings in which the newly constructed
condominium homes will be situated shall be consistent with the elevations/renderings being
resubmitted contemporaneously herewith. The composition of the buildings shall include
front, side and rear elevations consisting of a mixture of brick, stone, stucco, Hardiplank@
and Hardishingle@.
6. Open Space/amenity areas within the subject property, shall exceed the City's requirement
for percentage of total site area.2 Said Open Space shall be owned, maintained and
controlled by a mandatory homeowner's association. This common space shall be
developed with improvements for the residential community including, but not necessarily
1 Price points for the condominium homes shall range from the low-$300's to the mid-$300's and above
2 Open space! landscaped areas comprise 3.275 acres which is approximately 44.2% of the subject property
SAMS, LARKIN & HUFF
A LIMITED LIABILITY PARTNERSHIP
VIA E-MAIL and
FIRST CLASS MAIL
Mr. Russell Martin, Planner I
City of Smyrna Community Development Department
April 5, 2007
Page 3
limited to, a swimming pool and clubhouse, walking trails, recreational/playground
equipment and a fountain or gazebo.
7. An agreement to create a mandatory homeowner's association which shall be responsible for
the upkeep and maintenance of all common areas, landscaped areas, amenity areas, walking
trails, fences, streets, parking areas and lighting withm the proposed reSidential community.
8. A third-party management company shall be hired to manage the day-to-day operations of
the mandatory homeowner's association. The third-party management company shall also
be responsible for the management of all association monies as well as insuring that the
association itself is properly insured.
9. An agreement to record and enforce a Declaration of Condominium which shall contain
rules and regulations applicable to the residential community including, inter alia. strict
architectural controls.
10. The submission of a landscape plan during the Plan Review process. subject to staff review
and approval and including, but not limited to, the following:
a. The landscape plan shall be prepared, stamped and signed by a Georgia Registered
Landscape Architect or a degreed horticulturist.
b. All yards and common areas shall be sodded, landscaped and irrigated as
appropriate.
c. Detention and/or water quality ponds located within the proposed residential
community shall be appropriately landscaped and incorporated into the overall
landscape plan.
d. All utilities within the reSidential community shall be located
underground.
e. Signage interior to the residential development shall be themed to the archItectural
style and composition as aforementioned.
SAMS. LARKIN & HUFF
A LIMITED LIABILITY PARTNERSHIP
VIA E-MAIL and
FIRST CLASS MAIL
Mr. Russell Martin, Planner I
City of Smyrna Community Development Department
April 5, 2007
Page 4
f. The installation of decorative street lights throughout the residentIal community
which shall be themed to the architectural style as described hereinabove.
g. Electric and communications transformers shall be screened from public view
through below grade installation. landscaping or similar measures.
h. All mechanical and HV AC equipment shall be behind the buildings and screened
from public view through landscaping.
1. The applicant shall ensure the upkeep. health and aesthetics of the landscaping
through the use 0 f proper irrigation of plant species, regular maintenance of the
landscaping and the replacement of vegetation which may be diseased or dying
11. Subject to recommendations from the City of Smyrna Engineering Department concerning
hydrology/stormwater management and downstream considerations, including the
following:
a. Following recommendations with respect to the ultimate positionmg and
configuration of on-site detention and water quality ponds.
b. The Storm water Detention Plan shall be designed to create at least a ten percent
(10%) reduction from existing conditions in a 100 year storm event, subject to
review and approval by the City Engineer.
c. The detention ponds and water quality ponds shall be placed and screened
appropriately to be unobtrusive to homes inside and outside of the residential
community.
d. Conveying stream bank buffers to the City of Smyrna in the form of a restrictive
easement as shown on the revised site plan so that said buffers shall remain InViolate
and undisturbed in perpetuity.
12. Subject to recommendations from the City of Smyrna Public Works Department with
respect to the availability and accessibIlity of water and sewer and the issues attendant
thereto.
SAMS, LARKIN & HUFF
A LIMITED LIABILITY PARTNERSHIP
VIA E-MAIL and
FIRST CLASS MAIL
Mr. Russell Martin, Planner I
City of Smyrna Community Development Department
April 5, 2007
Page 5
13. Subject to recommendations from the City of Smyrna Engineering Department regarding
traffic/transportational issues, including the following:
a. An agreement to be responsible for any traffic improvements (including additional
right-of-way dedications) deemed necessary by the City during constructIOn plan
review. Specifically, Capital City shall be responsible for any additional nght-of-
way dedication to maintain a sufficient distance from the centerline of Medlin Street
and Dunton A venue.
b. Sidewalks shall be provided by Capital City adjacent to any public rights-of-way
consistent with the City's requirement for the extent of the development
c. A grass buffer with a minimum width of two feet (2') shall be provided between the
back of curb and sidewalk. The grass buffer may be waived if it is deemed
unnecessary by the City Engineer.
d. A strip of brick pavers or stamped concrete shall be installed on the street at the
subdivision entrance(s) for a minimum distance of twenty feet (20').
e. The parking areas and points of Il1gress/egress shall be private and maintained by the
maintained by the mandatory homeowners association but shall conform to the
City's recommendations with respect to Design and Detail Specifications.
f. Capital City shall install decorative street lights as aforementioned within the
development subject to approval by the City Engineer. Utilization of low-intensity
environmental type lighting, the illumination of which shall be confined wlthll1 the
perimeter of the subject property through the use of "full cut offhghting".
14. The residential community shall maintain setbacks as shown on the revised site plan
prepared by West Georgia Surveyors, Inc. which has been filed contemporaneously
herewith.
SAMS. LARKIN & HUFF
A LIMITED LIABILITY PARTNERSHIP
VIA E-MAIL and
FIRST CLASS MAIL
Mr. Russell Martin, Planner I
City of Smyrna Community Development Department
April 5, 2007
Page 6
Please do not hesitate to call should you or your staff require any further information or
documentation prior to this application appearing before the Mayor and City Council on April 16,
2007.
Very truly yours,
SAMS, s.ARKIN & HUFF, LLP
~-
(
Garvis L. Sams, Jr.
gsams@samslarkinhuff.com
GLS,Jr.lsnb
Enclosures
cc: Honorable Max Bacon, Mayor - w/enc10sures - VIA Hand Delivery
Members, City of Smyrna City Council - w/enc10sures - VIA Hand Delivery
Mr. Ken Suddreth, Community Development Director- w/enc1osures- VIA Hand Delivery
Mr. Bobby Elliott, P.E., City Engineer - w/enc!osures - VIA Hand Dellvery
Mr. Scott Stokes, Public Works Director - w/enclosures - VIA Hand Delivery
Mr. Wayne Wright, City Administrator - w/enclosures - VIA Hand Delivery
Scott Cochran, Esquire, City Attorney - w/enclosures - VIA Hand Delivery
Mr. Sean 1. Murphy- w/attachments- VIA E-Mail
Captain Thomas N. Baker- w/enclosure- VIA Hand Delivery
Mr. Peter B. Bright, Capital City Properties, Inc. - w/attachments - VIA E-Mail
~ RE EIVED
~ 4 07
SAMS. LARKIN & HUFF
April 16, 2007
A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAw
SUITE 100
376 POWDER SPRINGS STREET
MARIETTA, GEORGIA 30064-3448
Exhibit "A"
GARVIS L. SAMS, JR.
JOEL L. LARKIN
PARKS F. HUFF
JAMES A. BALLI*
MELISSA Po HAISTEN
770.422.7016
TELEPHONE
770.426.6583
FACSIMILE
~.SAMSLARKINHUF~COM
OF COUNSEL
DAVID P. HARTIN
April 5, 2007
*ALSO LICENSED TO PRACTICE
IN ALAEAMA
VIA E-MAIL and
HAND DELIVERY
Mr. Russell Martin, Planner I
City of Smyrna Community Development Department
3180 Atlanta Road
Smyrna, GA 30080
Re: Application of Capital City Properties, Inc. to Rezone a 7.416 Acre Tract
From RM-12 to RHR Conditional (Case No. Z06-049)
Dear Rusty:
As you know, this firm represents Peter Bright and Capital City Properties, Inc. ("Capital
City") which is the applicant and also the property owner concerning the above-captioned
Application for Rezoning. The application was heard and recommended for approval by the
Planning & Zoning Board March 12,2007. Since that Public Hearing, we have continued our
dialogue with area residents, including a meeting which occurred last week in Council Chambers.
The Application is now scheduled to be heard and considered for final action by the Mayor and City
Council on April 16,2007.
Following the recommendations we have received from the City's Professional Staff and the
Planning & Zoning Board and consistent with our discussions with area residents, Capital City's
Zoning Proposal has been modified and now ret1ects a demolition of all of the existing apartment
buildings with all new construction as hereinafter described. In that regard, enclosed please tind the
requisite number of copies of a revised site plan, the Tree Preservation and Protection Plan and the
Tree Replacement Plan. Additionally, as a part of this submission, please find the rCLjuisite number
of copies of cross-sections/sight distance profiles which depict the positioning of the proposed
buildings in relation to the existing topography of the subject property.
SAMS, LARKIN & HUFF
A LIMITED LIABILITY PARTNERSHIP
VIA E-MAIL and
FIRST CLASS MAIL
Mr. Russell Martin, Planner I
City of Smyrna Community Development Department
April 5, 2007
Page 2
The balance of this letter will serve as Capital City's expression of agreement with the
following revised stipulations which shall become conditions and a part of the grant of the requested
rezoning and binding upon the subject property thereafter:
1. The revised stipulations and conditions set forth herein shall replace and supercede in full
any and all prior stipulations and conditions in whatsoever form which are currently in place
concerning the property which constitutes the subject matter of the above-captioned
application for rezoning.
2. The applicant seeks a rezoning of the subject property from the existing RM-12 Zoning
Classification to the RHR Conditional Zoning Classification in substantial conformity to that
certain revised site plan prepared by West Georgia Surveyors. Inc. which is being filed
contemporaneously herewith.
}. The specific use proposed for the redevelopment of the subject property is a master planned
residential community consisting of a maximum number of 153 newly constructed
condominium homes in a development which will be known as Elizabeth Creek
Condominiums.
4. The condominium homes shall be located in stacked flat three (3) story buildings and shall
range in unit size from a minimum of 1.800 square feet up to 2,200 square feet and greater. I
5. The architectural style and composition of the buildings in which the newly constructed
condominium homes will be situated shall be consistent with the elevationslrenderings being
resubmitted contemporaneously herewith. The composition of the buildings shall include
front, side and rear elevations consisting of a mixture of brick, stone. stucco, Hardiplank@
and Hardishingle@.
6. Open Space/amenity areas within the subject property, shall exceed the City's requirement
for percentage of total site area.2 Said Open Space shall be owned, maintained and
controlled by a mandatory homeowner's association. This common space shall be
developed with improvements for the residential community including, but not necessarily
I Price points for the condominium homes shall range from the low-$300's to the mid-$300's and above.
2 Open space/ landscaped areas comprise 3.275 acres which is approximately 44.2'% of the subject propel1y.
SAMS, LARKIN & HUFF
A LIMITED LIABILITY PARTNERSHIP
VIA E-MAIL and
FIRST CLASS MAIL
Mr. Russell Martin, Planner I
City of Smyrna Community Development Department
April 5, 2007
Page 3
limited to, a swimming pool and clubhouse, walking trails. recreational/playground
equipment and a fountain or gazebo.
7. An agreement to create a mandatory homeowner's association which shall be responsible for
the upkeep and maintenance of all common areas, landscaped areas, amenity areas. walking
trails, fences, streets. parking areas and lighting within the proposed residential community.
8. A third-party management company shall be hired to manage the day-to-day operations of
the mandatory homeowner's association. The third-party management company shall also
be responsible for the management of all association monies as well as insuring that the
association itself is properly insured.
9. An agreement to record and enforce a Declaration of Condominium which shall contain
rules and regulations applicable to the residential community including. inter alia. strict
architectural controls.
10. The submission of a landscape plan during the Plan Review process. subject to staff review
and approval and including, but not limited to, the following:
a. The landscape plan shall be prepared, stamped and signed by a Georgia Registered
Landscape Architect or a degreed horticulturist.
b. All yards and common areas shall be sodded, landscaped and irrigated as
appropriate.
c. Detention and/or water quality ponds located within the proposed residential
community shall be appropriately landscaped and incorporated into the overall
landscape plan.
d. All utilities within the residential community shall be located
undergro und.
e. Signage interior to the residential development shall be themed to the architectural
style and composition as aforementioned.
SAMS, LARKIN & HUFF
A LIMITED LIABILITY PARTNERSHIP
VIA E-MAIL and
FIRST CLASS MAIL
Mr. Russell Martin, Planner I
City of Smyrna Community Development Department
April 5, 2007
Page 4
f. The installation of decorative street lights throughout the residential community
which shall be themed to the architectural style as described hereinabove.
g. Electric and communications transformers shall be screened from public view
through below grade installation. landscaping or similar measures.
h. All mechanical and HV AC equipment shall be behind the buildings and screened
from public view through landscaping.
1. The applicant shall ensure the upkeep. health and aesthetics of the landscaping
through the use of proper irrigation of plant species. regular maintenance of the
landscaping and the replacement of vegetation which may be diseased or dying.
11. Subject to recommendations from the City of Smyrna Engineering Department concerning
hydrology/stormwater management and downstream considerations, including the
following:
a. Following recommendations with respect to the ultimate positioning and
configuration of on-site detention and water quality ponds.
b. The Storm water Detention Plan shall be designed to create at least a ten percent
(10%) reduction from existing conditions in a 100 year storm event, subj ect to
review and approval by the City Engineer.
c. The detention ponds and water quality ponds shall be placed and screened
appropriately to be unobtrusi ve to homes inside and outside of the residential
community.
d. Conveying stream bank buffers to the City of Smyrna in the form of a restrictive
easement as shown on the revised site plan so that said buffers shall remain inviolate
and undisturbed in perpetuity.
12. Subject to recommendations from the City of Smyrna Public Works Department with
respect to the availability and accessibility of water and sewer and the issues attendant
thereto.
April 16, 2007
23
Exhibit “B”
Rezoning Request Z07-010
April 16, 2007
Special Conditions
1. The townhouses shall be designed with four-sided brick or stucco architecture and match
the renderings provided with the rezoning amendment documentation. The developer
must obtain approval from the Director of Community development for any changes in
the elevations.
2. The developer shall be permitted to use siding on the rear elevation of half of the units in
the development. However if the developer chooses to incorporate siding into the
elevations the developer shall provide a fountain on-site as an amenity for the
development.
*denotes condition formulated and agreed to during the April 16, 2007 council meeting
ORDINANCE No. 2007-5
-
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 82, SIGNS, SECTION
82-10 (2), CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING
SAID SECTION. BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF SMYRNA, GEORGIA:
That Sec. 82-10, Nonconforming signs, subsection (2), City of Smyrna,
Georgia, be amended to read as follows:
"Nothing in this section shall be deemed to prevent keeping in good repair a
nonconforming sign. No repairs or alterations totaling more than 25 percent of the
reconstruction cost of the entire sign shall be allowed except to make the sign comply
with the requirements of this article or unless the repairs or alterations result in a 30%
or more reduction in the current height of the sign and a 30% or more reduction in the
current square footage of the sign face. Notwithstanding the provisions of this
ordinance, damage to the sign which was caused by an act of God or other matter
beyond the control of the owner may be repaired provided that the repairs are
completed within 60 days of the damage to the sign."
-
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional
~.
Aproved by Mayor and Council this 16th day of April, 2007.
A. Max Bacon, Mayor
Attest:
0~D.c;~
Susan D. Hiott, City Clerk
City of Smyrna
-
Approved as to form:
l~ -
Scott A. Cochran, City Attorney
-
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 562
Acres .50
2007 -2
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached
hereto have been notified of the City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on April 16, 2007 after
first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
-
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A,"
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
day of
SO ORDAINED by the City Council of the City of Smyrna, this
April, 2007
ft
---
A. Max Bacon, Mayor
~D,,1'~
Susan D. Hiott, City Clerk
City of Smyrna
-
j~
Scott A. Cochran, City Attorney
City of Smyrna
-
Ordinance # 2007 - 2
Exhibit "A"
Beginning at an iron pin set (#4 rebar) located at the intersection of northerly right-of-
way of HAWTHORNE AVENUE (50' R/W) and the easterly right-of-way of SAINT
CHARLES DRIVE (40' R/W) and said point being the POINT OF BEGINNING; thence
running northerly along the easterly right-of-way of SAINT CHARLES DRIVE (40'
R/W), N09008'57"E, a distance of 140.00 feet to an iron pin found (#4 rebar); thence
leaving said right-of-way and running S81 oI5'59"E, a distance of 140.00 feet to an iron
pin found (#4 rebar); thence running S09009'20"W, a distance of 140.00 feet to an iron
pin set (#4 rebar) located on the northerly right-of-way of HA WR THORNE AVENUE
(50' R/W); thence continuing westerly along the northerly said right-of-way and running
N81 oI5'59"W, a distance of 140.00 feet to an iron pin set (#4 rebar) and the POINT of
BEGINNING.
-
-
ORDINANCE No. 2007-4
-
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 82, SIGNS, SECTIONS
82-2 DEFINITIONS; 82-3 SIGNS NOT REQUIRING PERMITS AND 82-16
SIGNS ALLOWED IN ZONING DISTRICTS, CITY OF SMYRNA,
GEORGIA, BE AMENDED BY REVISING SAID SECTIONS. BE IT
ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
That Sec. 82-2 Definitions; Sec. 82-3 Signs not requiring permits and
Sec. 82-16 Signs allowed in zoning districts, City of Smyrna, Georgia, be
amended to read as follows:
Sec. 82-2. Definitions.
(Delete the Real Estate Sign definition from this section)
Real EstGltc Sign any sign utilized to sell or lease ii property. Such signs shaJ..i---.fle.t exeeed 8
square feet ine-Hiffing areas devoted to brochures or other informatiefu
(Amend the Standard Informational Sign definition to read)
-
"Standard Informational Sign means a sign erected by the owner of the property or the property
owner's designee which contains information for the public including but not limited to security
identification sign, or any other commercial or non-commercial message. Informational signs on
residentially zoned property shall not exceed 8 square feet. Informational signs on non-
residentially zoned property shall not exceed 32 square feet. Informational signs on non-
residentially zoned property shall be permitted and regulated as temporary signs."
(Amend the Temporary Advertising Sign definition to read)
"Temporal)' Advertising Sign includes any sign with a commercial message, including but not
limited to a banner or advertising display constructed of cloth, canvas, light fabric, cardboard,
wall board or other light materials, with or without frames, intended to be displayed for a short
period of time only. Temporary signs must be removed within two (2) days of the end of the
event, but in no case shall a temporary sign exceed six (6) consecutive months. Such sign face
shall not be larger than 32 square feet. One temporary sign is permitted per street frontage for
each lot, business or residential development. Any banr~er constructed from a light material must
be affixed to a permanent structure."
Sec. 82-3. Signs Not Requiring Permits.
(Delete Real Estate Signs from this section)
(1) Real estate signs.
(Amend Standard Iriformational Signs to read)
-
"Standard Informational Signs on residentially zoned property."
ORDINANCE No. 2007-4
Sec. 82-16. Signs Allowed in Zoning Districts.
(Amend subsections (1), (1) (a) and (2) (c) to read)
"( 1) No signage other than house number, historic marker, original house designation, street
identification number, subdivision entrance/development sign, standard informational sign, yard
sale sign, ground based monument sign, or instructional sign shall be allowed on any residential
property/development in the city. No sign with the total area of each sign face greater than what
is permitted for each sign shall be allowed on any residential property/development in the city."
a. Any literature packets, notices such as under contract, reduced price, new price or other
ancillary information on standard informational signs must be displayed within the
prescribed 8 square feet allowed for each sign face area.
c. Temporary advertising signs, including banners, relating to the initial opening or final
closing of a business or service, provided the area of each sign face shall not exceed 32
square feet and shall not be closer than 20 feet to the pavement of any street or on any
public right-of-way. Such signs must obtain approval from the Community Development
Department. If approval is obtained for a temporary sign is obtained, the sign must be
removed within two (2) days of the end of the event, but in no case shall a temporary sign
exceed six (6) consecutive months."
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
-,
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
A
Aproved by Mayor and Council this 16th day of April, 2007.
A. Max Bacon, Mayor
Attest:
~ '
~9.~
Su an D. HIOtt, CIty Clerk
City of Smyrna
Approved as to form:
l-Jk~ ~
Scott A. Cochran, City Attorney
-
2
SAMS, LARKIN & HUFF
A LIMITED LIABILITY PARTNERSHIP
April 16, 2007
ATTORNEYS AT LAw
SUITE 100
376 POWDER SPRINGS STREET
MARIETTA, GEORGIA 30064-3448
Exhibit "A"
GARVIS L. SAMS, JR.
JOEL L. LARKIN
PARKS F. HUFF
JAMES A. BALLI*
MELISSA P. HAISTEN
770'422.7016
TELEPHONE
770.426.6583
FACSIMILE
WWW.SAMSLARKINHUFF.COM
OF COUNSEL
DAVID P. HARTIN
April 5, 2007
*ALSO LICENSED TO PRACTICE
IN ALABAMA
VIA E-MAIL and
HAND DELIVERY
Mr. Russell Martin, Planner I
City of Smyrna Community Development Department
3 180 Atlanta Road
Smyrna, GA 30080
Re: Application of Capital City Properties, Inc. to Rezone a 7.416 Acre Tract
From RM-12 to RHR Conditional (Case No. 206-049)
Dear Rusty:
As you know, this firm represents Peter Bright and Capital City Properties, Inc. ("Capital
City") which is the applicant and also the property owner concerning the above-captioned
Application for Rezoning. The application was heard and recommended for approval by the
Planning & Zoning Board March 12,2007. Since that Public Hearing, we have continued our
dialogue with area residents, including a meeting which occurred last week in Council Chambers.
The Application is now scheduled to be heard and considered for final action by the Mayor and CIty
Council on April 16, 2007.
Following the recommendations we have received from the City's ProfeSSIOnal Staff and the
Planning & Zoning Board and consistent with our discussions with area residents, Capital City's
Zoning Proposal has been modified and no,^, retlects a demolItion of all of the existing apartment
buildings with all new construction as hereinafter described. In that regard, enclosed please tind the
requisite number of copies of a revised site plan, the Tree Preservation and Protection Plan and the
Tree Replacement Plan. AdJitionally, as a part of thIs submission, please find tht.: l't.:qulslte numh.:r
of copies of cross-sections/sight distance profiles which depict the positioning ot the propos.:d
buildings in relation to the existing topography of the subject property.
SAMS, LARKIN & HUFF
A LIMITED LIAIlILITY PARTNERSHIP
VIA E-MAIL and
FIRST CLASS MAIL
Mr. Russell Martin, Planner I
City of Smyrna Community Development Department
April 5,2007
Page 2
The balance of this letter will serve as Capital City's expression of agreement with the
following revised stipulations which shall become conditions and a part of the grant of the requested
rezoning and binding upon the subject property thereafter:
1. The revised stipulations and conditions set forth herein shall replace and supercede in full
any and all prior stipulations and conditions in whatsoever form which are currently in place
concerning the property which constitutes the subject matter of the above-captioned
application for rezoning.
2. The applicant seeks a rezoning of the subject property from the existing RM-12 Zoning
Classification to the RHR Conditional Zoning Classification in substantial conformity to that
certain revised site plan prepared by West Georgia Surveyors, Inc. which is being filed
contemporaneously herewith.
J. The specific use proposed for the redevelopment of the subject property is a master planned
residential community consisting of a maximum number of 153 newly constructed
condominium homes in a development which will be known as Elizabeth Creek
Condominiums.
4. The condominium homes shall be located in stacked flat three (J) story buildings and shall
range in unit size trom a minimum of 1,800 square feet up to 2,200 square feet and greater I
5. The architectural style and composition of the buildings in which the newly constructed
condominium homes will be situated shall be consistent with the elevations/renderings bemg
resubmitted contemporaneously herewith. The composition of the buildings shall include
front, side and rear elevations consisting of a mixture of brick, stone, stucco, Hardiplank@
and Hardishingle@.
6. Open Space/amenity areas within the subject prope11y, shall exceed the City's requuement
for percentage of total site area.2 Said Open Space shall be owned, maintained and
controlled by a mandatory homeowner's association. This common space shall be
developed with improvements for the residential community including, but not necessarily
I Price points for the condominium homes shall range from the low-$300's to the mld-$300's and above
2 Open space/landscaped areas comprise 3.275 acres which is approximately 44.20'0 of the subject property
SA.MS, LA.RKIN & HUFF
A LIMITED LIABILITY PARTNERSHIP
VIA E-MAIL and
FIRST CLASS MAIL
Mr. Russell Martin, Planner I
City of Smyrna Community Development Department
April 5, 2007
Page 3
limited to, a swimming pool and clubhouse, walking trails, recreational/playground
equipment and a fountain or gazebo.
7. An agreement to create a mandatory homeowner's association which shall be responsible for
the upkeep and maintenance of all common areas, landscaped areas, amenity areas, walking
trails, fences, streets, parking areas and l1ghting within the proposed residential community.
8. A third-party management company shall be hired to manage the day-to-day operations of
the mandatory homeowner's association. The third-party management company shall also
be responsible for the management of all association monies as well as insuring that the
association itself is properly insured.
9. An agreement to record and enforce a Declaration of Condominium which shall contain
rules and regulations applicable to the residential community including, inter alia, strict
architectural controls.
10. The submission of a landscape plan during the Plan Review process, subject to staff review
and approval and including, but not limited to, the following:
a. The landscape plan shall be prepared, stamped and signed by a Georgia Registered
Landscape Architect or a degreed horticulturist.
b. All yards and common areas shall be sodded, landscaped and irrigated as
appropriate.
c. Detention and/or water quality ponds located within the proposed residential
community shall be appropriately landscaped and incorporated into the overall
landscape plan.
d. All utilities within the residential community shall be located
underground.
e. Signage interior to the residential development shall be themed to the architectural
style and composition as aforementIOned.
SAMS, LARKIN & HUFF
A. LIMITED LIABILITY PARTNERSHIP
VIA E-MAIL and
FIRST CLASS MAIL
Mr. Russell Martin, Planner I
City of Smyrna Community Development Department
April 5, 2007
Page 4
f. The installation of decorative street lights throughout the residential communIty
which shall be themed to the architectural style as described hereinabove.
g. Electric and communications transformers shall be screened from public view
through below grade installation, landscaping or similar measures.
h. All mechanical and HV AC equipment shall be behind the buildings and screened
from public view through landscaping.
1. The applicant shall ensure the upkeep. health and aesthetics of the landscapIng
through the use 0 f proper irrigation of plant species, regular maintenance of the
landscaping and the replacement of vegetation which may be diseased or dYIng.
11. Subject to recommendations from the City of Smyrna Engineering Department concerning
hydrology/stormwater management and downstream considerations, including the
following:
a. Following recommendations with respect to the ultimate positioning and
configuration of on-site detention and water quality ponds.
b. The Stormwater Detention Plan shall be designed to create at least a ten percent
(10%) reduction from existing conditions in a 100 year storm event, subject to
review and approval by the City Engineer.
c. The detention ponds and water quality ponds shall be placed and screened
appropriately to be unobtrusl ve to homes inside and outside of the residential
community.
d. Conveying stream bank buffers to the City of Smyrna in the form of a restrictive
easement as shown on the revised site plan so that said buffers shall remaIn II1vIolate
and undisturbed in perpetuIty.
12. Subject to recommendations from the City of Smyrna Public Works Department with
respect to the availability and accessibility of water and sewer and the issues attendant
thereto.
SAMS, LARKIN & HUFF
A LIMITED LIABILITY PARTNERSHIP
VIA [-MAIL and
FIRST CLASS MAIL
Mr. Russell Martin, Planner [
City of Smyrna Community Development Department
April 5,2007
Page 5
13. Subject to recommendations from the City of Smyrna Engineering Department regarding
trafficltransportational issues, including the following:
a. An agreement to be responsible for any traffic improvements (includmg additional
right-of-way dedications) deemed necessary by the City during construction plan
review. Specifically, Capital City shall be responsible for any additional nght-of-
way dedication to maintain a sufficient distance from the centerline of Medlin Street
and Dunton Avenue.
b. Sidewalks shall be provided by Capital City adjacent to any public rights-of-way
consistent with the City's requirement for the extent of the development
c. A grass buffer with a minimum width of two feet (2') shall be provided between the
back of curb and sidewalk. The grass buffer may be waived if it is deemed
unnecessary by the City Engineer.
d. A strip of brick pavers or stamped concrete shall be installed on the street at the
subdivision entrance(s) for a minimum distance of twenty feet (20').
e. The parking areas and points of ingress/egress shall be pnvate and maintained by the
maintained by the mandatory homeowners association but shall conform to the
City's recommendations with respect to Design and Detail SpecificatlOns.
f. Capital City shall install decorative street lights as aforementioned within the
development subject to approval by the City Engineer. Utilization of low-intenSity
environmental type lighting, the illumination of which shall be confined wi thl11 the
perimeter of the subject property through the use of "full cut offlighting".
14. The residential community shall maintain setbacks as shown on the revised site plan
prepared by West Georgia Surveyors, Inc. which has been filed contemporaneously
herewith.
SAMS. LARKIN & HUFF
A LIMITED LIABILITY PARTNERSHIP
VIA E-MAIL and
FIRST CLASS MAIL
Mr. Russell Martin, Planner I
City of Smyrna Community Development Department
April 5,2007
Page 6
Please do not hesitate to call should you or your staff require any further information or
documentation prior to this application appearing before the Mayor and City Council on April 16,
2007.
Very truly yours,
<eUFF,LLP
Garvis L. Sams, Jr.
gsams@samslarkinhuff.com
GLS,Jr./snb
Enclosures
cc: Honorable Max Bacon, Mayor - w/enclosures - VIA Hand Delivery
Members, City of Smyrna City Council- w/enclosures - VIA Hand Delivery
Mr. Ken Suddreth, Community Development Director- w/enclosures- VIA Hand Delivery
Mr. Bobby Elliott, P.E., City Engineer - w/enclosures - VIA Hand Delivery
Mr. Scott Stokes, Public Works Director - w/enclosures - VIA Hand Delivery
Mr. Wayne Wright, City Administrator - w/enclosures - VIA Hand Delivery
Scott Cochran, Esquire, City Attorney - w/enclosures - VIA Hand Delivery
Mr. Sean 1. Murphy- w/attachments- VIA E-Mail
Captain Thomas N. Baker- w/enclosure- VIA Hand Delivery
Mr. Peter B. Bright, Capital City Properties, Inc. - w/attachments - VIA E-Mail