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05172004 May 17, 2004 Attachments May 17.2004 16 ..... A. MAX BACON, MAYOR ~~,,~ RON NEWCOMB, WARD 2 1fl~ ~ MIC EL McNABB, AR 4 ..... ~~~ CHARLES PETE WOOD, WARD 7 - May 17.2004 17 - Addendum 1 Staff Stipulations - Agenda Item 5 (B) Rezoning Request 204-005 - R-15 to RAD Conditional _ 1524 Walker Street - Joni T. Mitchell 1. The development for 3 single-family residences will maintain the following setbacks: Front - 20', Side - 5', Between Buildings - 10' and Rear - 20'. 2. Each residence will be a minimum of 2,400 square feet in area. The composition of the homes shall include a mixture of elements including, but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. 3. The developer shall dedicate an additional 10' of right-of-way for Walker Street and provide a new sidewalk within the right-of-way. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk 4. There shall be protective covenants on all lots. The protective covenants shall be supplied to the City prior to the issuance of a building permit. 5. The 50' stream buffer shall be calculated as an average. - 6. The retention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. 7. All utilities within the development shall be underground. 8. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 9. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. Street trees shall be planted along Walker Street and spaced at an average rate of one tree per every 40'. 10. Each lot shall have three 4" caliper trees replanted per lot. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City 11. The development shall provide a landscape buffer in the rear of the property to screen the common driveway from adjacent properties. Plant materials and quantities within the buffer shall be determined by the Community Development Director (or his designee) during plan review. - Mav 17.2004 18 Addendum 2 - Staff Stipulations - Agenda Item 5 (E) Rezoning Request 204-007 - R-15 to RAD Conditional - 2730 Old Concord Road - Allan Khalife 1. The development for 9 single-family residences will maintain the following setbacks: Front - 40', Side - 5', Street Side Yard - 20', Between Buildings -10' and Rear - 20'. 2. Each residence will be a minimum of 1,800 square feet in area. The elevations for the residences shall be provided at least two weeks prior to the public hearing scheduled for May 17, 2004. The composition of the homes shall include a mixture of elements including, but not limited to, brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. Finally, the homes along either Old Concord Road or Hickory Acres Drive shall not be permitted to utilize hardy plank for the elevations facing these roads. 3. There shall be protective covenants on all lots which ensure maintenance of all common areas. No home in the subdivision shall be utilized for rental purposes. The protective covenants shall be supplied to the City prior to the issuance of a building permit. 4. The retention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. - 5. All utilities within the development shall be underground. 6. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 40 feet. 7. The developer shall be responsible for any traffic improvements deemed necessary by either the City or the County during construction plan review. This will include (but not be limited to): deceleration lanes on Old Concord Road/Hickory Acres Drive, internal sidewalks and external sidewalks along both Old Concord Road and Hickory Acres Drive 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. 8. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 9. No debris may be buried on any lot or common area. 10. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". - May 17.2004 19 - 11. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. Landscape berms shall be provided along Old Concord Road and Hickory Acres Drive. These berms shall contain one street tree spaced every 40'. 13. Each lot shall have three 4" caliper trees replanted per lot. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. 14. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 15. The developer shall verify to the City that no historical features (including civil war trench lines or evidence of encampments) are present prior to the issuance of a permit for any land disturbance activities. - - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number Land Lot 305 Acres 2.558 2004-13 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 May 17, 2004 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 r.'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 17th day of May, 2004 ~~:r--- A. Max Bacon, Mayor .... Su n D. Hiott, City Clerk City of Smyrna - ~~fh __ ott A. Cochran, CIty Attorney City of Smyrna --------- - Ordinance No. 2004-13 Exhibit" A" All that tract or parcel of land lying and being in Land Lot 305 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at an iron pin set the southwest comer of the intersection of Hickory Acres Drive and Old Concord Road and the true point of beginning; thence south 5 degrees 38 minutes 15 seconds west a distance of 334.21 feet to an iron pin found; thence north 85 degrees 00 minutes 18 seconds west a distance of333.53 feet to an iron pin found; thence north 6 degrees 9 minutes 45 seconds east a distance of 337.17 feet to an iron pin found; thence south 84 degrees 30 minutes 00 seconds east a distance of 330.42 feet to the point of beginning as shown on plat of survey for Allan Khalife dated 03/01/2004 by Buford H. Norris, RLS. - - Ordinance 2004-16 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, SECTION 1510 - SPECIAL LAND USE PERMITS (NONRESIDENTIAL USE ONLY) BE ~l\{ENDED BY REVISING SAID SECTION TO SPECIFY ADDITIONAL . REG'ULATIONS PERTAINING TO RETAIL DEVELOPMENTS IN EXCESS OF 40;000 SQUARE FEET y BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning [Article XV, Amendments], Sec. 1510 Special land use permits (nonresidential use only), subsections (1) and (4), of the Code of Ordinances of the City of Smyrna, Georgia, be amended to read as follows: (1) Any use of property not specifically permitted allowed under an existing zoning category, a commercial use in excess of 40,000 square feet of gross area (including outdoor retail display areas and storage areas or any Ufje which also requires a permit from the state environmental protection division of the department of natural resources under the provisions of chapters 5, 8, or 9 of title 12 of the Official Code of Georgia Annotated, may be temporarily allowed through a "special land use permit," issued by the mayor and council of the City of Smyrna. -- (4) The governing body of the City of Smyrna may grant a special land use permit for a period of time not to exceed 24 months except after reapplication, re- advertisement and public hearing. This time limit shall not apply to approval granted to commercial developments in excess of 40,000 square feet of gross area (including outside retail display areas and storage areas). All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as ofthe effective date ofthis 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. -- Ordinance 2004-16 --- Approved by Mayor and Council this 17th day of May, 2004. L~~ Attest: A. Max Bacon, Mayor Approved as to form: cott A. Cochran, City City of Smyrna - - 2 Ordinance 2004-1 7 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, SECTION 1201- CONDITIONAL DEVELOPMENT BE AMENDED BY REVISING SAID SECTION THROUGH THE ADDITION OF STANDARD CONDITIONS FOR CONDITIONAL DEVELOPMENTS IN ORDER TO IMPROVE THE ZONING PROCESS AND ELIMINATE INCONSISTENCIES BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning (Article XII, Exceptions and Modifications). Sec. 1201 Conditional development of the Code of Ordinances of the City of Smyrna, Georgia, be amended by appending the following list of 17 conditions to said code section to read as follows: "The following conditions shall apply to all conditional developments: - 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences along external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. 2. The developer shall provide an undisturbed buffer with a minimum width of 20' parallel to any right-of-way external to the development. 3. There shall be protective covenants on all lots. These protective covenants shall be supplied to the City prior to the issuance of a building permit. 4. The developer shall provide at least 200 square feet of common space per lot. This common space shall be developed with improvements for the residential subdivision such as: gazebos, fountains, recreational/playground equipment or walking trails. The common space shall be controlled and maintained by the Homeowners Association 5. The retention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. 6. All utilities within the development shall be underground. - 7. 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 Ordinance 2004-17 development. A grass buffer with a minimum width of 2' shall be provided - between the back of curb and sidewalk. 8. The developer shall install a deceleration lane at the entrance for the subdivision. The deceleration lane shall have a minimum length of 150' with a 50' taper. 9. 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. 10. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 11. No debris may be buried on any lot or common area. 12. 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". 13. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 14. 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. - 15. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 16. Each individual lot shall have three 4" caliper trees replanted per lot. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. 17. A Level I Archeological Study shall be provided for the development. The developer shall verify to the City that any historical or archeological features (including civil war trench lines or evidence of encampments) identified in the study will be protected from development prior to the issuance of a permit for any land disturbance activities." All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date ofthis 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. - 2 Ordinance 2004-1 7 - Approved by Mayor and Council this 17th day of May, 2004. A Attest: ~~fltJ D. YI~ . S san D. Hiott, City Clerk City of Smyrna Approved as to form: - cott A. Cochran, City Attome City of Smyrna - 3 '. - RESOLUTION No. R2004-1 WHEREAS, the State of Georgia's Minimum Planning Standards and Procedures for Solid Waste Management require that the Short Term Work Program component of local solid waste management plans be updated every five years; and, WHEREAS, the City of Smyrna, Georgia, successfully completed a required update in 1998; and, WHEREAS, administrative rules adopted by the Georgia Department of Community Affairs require that the City of Smyrna prepare and adopt a "transitional" Short Term Work Program that will extend through June 30, 2006;and, WHEREAS, the City of Smyrna has prepared an updated Short Term Work Program in compliance with the Minimum Planning Standards and Procedures; and, WHEREAS, the two public hearings required by the Minimum Planning Standards and Procedures were conducted by the City of Smyrna on April 5, 2004, and May 17, 2004. NOW THEREFORE BE IT RESOLVED by the City of Smyrna, Georgia, that the draft Short Term Work Program dated May 17,2004, be officially transmitted to the Atlanta Regional Commission and the Georgia Department of Community Affairs for review and approval. - Adopted this 17th day of May, 2004. y~ A. Max Bacon, Mayor ... - ~ ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number Land Lot 677 Acres 1.21 2004-20 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 May 17,2004 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 \i."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 A. Max Bac 2004 S san D. Hiott, City Clerk City of Smyrna - Scott A. Cochran, City Atto City of Smyrna -- Ordinance No. 2004-20 Exhibit "A" All that certain property situated and being in Land Lot 677 of the 1 ih District and 2nd Section of Cobb County, Georgia, being Parcels 13 and 14, and more particularly described as follows: BEGINNING at the intersection of the western right-of-way of Lois Street with the southern right-of-way of Main Street; thence westerly along said right-of-way of Main Street a distance of225.0 feet to a point, said point being the POINT OF BEGINNING; thence continuing westerly along the southern right-of-way of Main Street a distance of 210.0 feet to a point; thence southerly a distance of 250.0 feet to a point; thence easterly a distance of 21 0.0 feet to a point; thence northerly a distance of 254.5 feet to the POINT OF BEGINNING. -- - ,.... APPROVAL OF MINUTES OF SMYRNA CITY COUNCIL The undersigned hereby approve the attached portion of the Minutes of the meeting of the Mayor and City Council held at Smyrna City Hall on May 17, 2004. Dated: June 4, 2004 By: -d!I2 Dated: June 4,2004 HUMP ENTURE, LLC, a Geor a limited liability company e ,.,... By: Scott Moore Authorized Member Dated: June 4, 2004 SOUTH COBB COMMERCIAL INVESTORS, LLC, a Georgia limited liability company By: =:1'1 By: . Bradley Fulkerso ., III President ~ Dated: June 4, 2004 REALVEST SERVICES, INC., a~or~~ By: . J}L T mradley Fulkerson, II President ,... 113785v2122-00401 ,.. MINUTES May 17,2004 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The council meeting was preceded by a called work session and a regular work session. 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, Deputy City Clerk Lee Miller, City Attorney Scott Cochran, Assistant Fire Chief Jason Lanyon, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, Community Development Director Chris Miller and representatives of the press. Invocation was given by Council Member Wood, followed by the pledge to the flag. CITIZENS INPUT: [EXCERPTED] MAYOR'S REPORT: ,... [EXCERPTED] LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) - (E) [EXCERPTED] (F) Approval of Annexation Re~uest (100% of property owners requesting annexation) -1.21 Acre Tract - 17th District, 2n Section Land Lot 677, Parcels 13 and 14 - 1890 and 1900 Main Street - Juanita Godfrey and Larry Boggs Mr. Wright stated the City Engineer has reviewed the legal description of the subject property and found it to be in order. ,... MOTION: Council Member Lnenicka made a motion to afProve the annexation request for Land Lot 677, Parcels 13 (.44 acres) and 14 (.77 acres), 17 District, 2nd Section, at 1890 and 1900 Main Street for Juanita Godfrey and Larry Boggs. The motion was seconded by Council Member Smith. Motion was approved 6 - O. (Clerk's Note: Council Member Wood was not present at the time of this vote) (G) Variance Request V04-016 - Reduction in Minimum Lot Size in South Cobb Drive Overlay District - 4585 South Cobb Drive - Carter and Associates ~ Mr. Wright stated the regulations of the South Cobb Drive Overlay District require lots fronting South Cobb Drive to be a minimum of three acres in size. Mr. Wright stated the applicant is requesting a variance from this requirement. Mr. Wright stated the applicant is proposing to build several commercial buildings on the subject property. Mr. Wright stated staff recommends approval of the variance with a number of conditions. 113785v2 122-00401 Mav 17.2004 2 ,... Mayor Bacon stated this is a public hearing and asked for public comment. and the oath was administered to numerous persons by Mr. Cochran. Council Member Lnenicka recognized Mr. Bradley Fulkerson, Senior Vice President of Carter and Associates (CA), and asked Mr. Fulkerson to provide details of the proposed project to those present. Mr. Fulkerson stated CA is assisting Humphries and Company (HC) with finding solutions for their real estate and office space needs. Mr. Fulkerson stated that the principals of HC are planning to locate the company's main office in the City of Smyrna. Mr. Fulkerson stated it is proposed to create a mixed-use development on the subject tract to include office space, potential retail and additional commercial use along the frontage. Mr. Fulkerson stated the variance request under consideration would allow the site to be subdivided so that two or more users can be a part of one development. Mr. Fulkerson stated the subject tract is currently zoned General Commercial (GC), and that the applicant is agreeable to the stipulated prohibition of numerous uses usually allowed under GC zoning guidelines. Mr. Fulkerson stated the applicant is agreeable to the prohibition of the following uses for the subject property: ,... . Package Store . Pawn Shop / Title Pawn Shop . Pool Hall . Tattoo Parlor . Massage Parlor or Establishment . Check Cashing Establishment . Car Wash . Taxi Services · Lounge, Night Club, Tavern or Bar Establishment · Automobile or Truck Sales or Service . Service Stations . Convenience Store · Adult Book Store / Adult Novelty Store . Pornographic Theater · Any Entertainment Establishment featuring Nude Dancers or Nude Entertainment · Any Business that emits offensive odors, fumes, dust, vapors, loud noise or sounds ,.... Mr. Fulkerson stated the applicant is also agreeable to stipulated limitations on egress from the subject property at the Lois Street curb cut to restrict vehicles from left turns in order to prevent traffic from entering the residential areas there. Mr. Fulkerson stated the applicant is agreeable to the dedication of additional property for use as ROW. Mr. Fulkerson stated that the applicant is agreeable to rezone a portion of the subject tract to Office Institutional (01), a usage that is generally considered to be less intense than GC. Mr. Fulkerson estimated the value of the agreed- upon improvements and additional dedicated ROW at the subject location to be at least $80,000. Council Member Lnenicka asked Mr. Fulkerson to provide to those present details regarding the types of businesses proposed for the part of the property along South Cobb Drive. Mr. Fulkerson stated a well-established banking company has expressed preliminary interest in locating a branch office on the South Cobb Drive side of the subject property. Mr. Fulkerson showed graphic representations to those present depicting various structures and improvements proposed for the subject tract. Council Member Lnenicka asked Mr. Fulkerson if the applicant would consider additional prohibited uses for the subject property, i.e., tanning salon, loan office, pet services to include veterinary services and drive-through restaurants, which were recommended by a resident. Mr. Fulkerson provided explanations to those present as to why the additional types of businesses suggested for prohibition as a condition of the variance should not be proscribed. ,... 113785v2 122-00401 Mav 17,2004 3 ,... Mr. Fulkerson introduced Mr. Jimmy Humphries and Mr. Scott Moore from HC to those present, and Mr. Humphries and Mr. Moore expressed similar views about wishing to build an office facility in the subject location that will fit in well with the surrounding area. Council Member Lnenicka asked Mr. Moore if it is correct that the South Cobb Drive side of the proposed HC office facility as well as the opposite side of the building will both have the appearance of a front or main side, and Mr. Moore answered in the affirmative. Council Member Lnenicka asked Mr. Moore if it is correct that an entrance on the Main Street side of the building controlled by an electronic gate accessible only by HC personnel is planned, and Mr. Moore answered in the affirmative. Council Member McNabb asked Mr. Fulkerson how many lots adjacent to the subject property are comprised of less than three acres. Mr. Fulkerson stated there are two tracts adjacent to the subject property, and that both of them are comprised of less than three acres. Mayor Bacon recognized Ms. Mary Rose Barnes, residing at 4756 Oakdale Road, and Ms. Barnes stated that, because the present hearing is for consideration of a variance, she is uncertain why a zoning change to or has been discussed. Ms. Barnes stated she has a petition with the signatures of fifty-one persons who are in opposition to traffic outlets on Main Street or Lois Street. Ms. Barnes expressed concerns regarding vehicles entering and exiting the subject property and traffic in the affected area. Ms. Barnes read a letter to those present from the Cobb County Board of Commissioners to Mayor Bacon dated May 12, 2004 in which objections to the submitted annexation application are set forth. ".... Mayor Bacon recognized Ms. Beth Figaretti, residing at 1985 Main Street, and Ms. Figaretti expressed concerns about the safety of the intersection of Lois Street and Main Street. Ms. Figaretti stated the streets in this area are narrow, and that she believes there should be no curb cut on Main Street. Mayor Bacon recognized Mr. David Guay, residing at 4495 Oakdale - Vinings Landing, and Mr. Guay expressed the view that there should be no curb cut on Main Street. Mr. Guay expressed concerns about traffic safety in the subject area. Mr. Guay stated that access to the subject property should be limited to the South Cobb Drive side. Mayor Bacon recognized Mr. Frank Pritchard, and Mr. Pritchard stated he has signed the petition of opposition to traffic outlets on Main Street or Lois Street. Mr. Pritchard expressed concerns about the safety of motorists making a left turn off South Cobb Drive onto Lois Street. Mr. Pritchard stated that he believes the proposed curb cut should be on Main Street instead of Lois Street. Mr. Pritchard stated he is concerned about possible traffic safety problems which could materialize in the subject area. "".. Mayor Bacon recognized Ms. Mary Rose Barnes, and Ms. Barnes expressed the view that changing the zoning of the subject property to or would nullify the stipulations of the variance. ,., Mr. Fulkerson stated that on the present date an application for rezoning 1.77 acres of the subject tract was submitted to the City's Community Development office. Mr. Fulkerson stated the applicant will consult with legal counsel to make certain the conditions of this variance will still apply to the subject property regardless of whether or not it is rezoned. Mr. Fulkerson stated the applicant is in agreement with the citizens who feel that there should be only one curb cut on the subject property along South Cobb Drive. Mr. Fulkerson stated the entrance to the subject property on South Cobb Drive will be the main entrance. Mr. Fulkerson stated the dedication of additional ROWand installation of sidewalks, curb and gutter agreed to by the applicant should help ameliorate some of the traffic problems which exist in the area of Main Street and Lois Street. 113785v2 122-00401 Mav 17.2004 4 ,'" Council Member Lnenicka stated it is possible that a shopping center or other use not compatible with the surrounding area could be built on the subject property. Council Member Lnenicka stated there have been numerous nuisance ordinance violation problems in the subject area over the years. Council Member Lnenicka stated the applicant has agreed to limit the number of permitted uses for the subject property, and to make efforts to mitigate any possible unfavorable impact of their proposal. Council Member Lnenicka stated he bel ieves the applicant's proposal is in keeping with the spirit and intent of the South Cobb Dri ve Overlay District regulations. Council Member Lnenicka stated one of the objectives the City's leadership has wanted to accomplish is to eliminate a proliferation of small individual house sites converted to commercial usage, each with its own sign and driveway. Council Member Lnenicka stated the City's leadership believes a piecemeal approach, i.e., house by house, lot by lot, is not the way South Cobb Drive should be developed. Council Member Lnenicka stated that such an un methodical approach would yield a result that would be unsafe, unattractive and generally not in the best interests of a community wishing to move in a progressive direction. Council Member Lnenicka stated the location of the entrance to the subject property on South Cobb Drive will be determined by State authorities. Council Member Lnenicka stated the City will be working with reputable organizations in this case, and that he is confident they will do what they have pledged to do and create a development that is an asset to Smyrna. MOTION: Council Member Lnenicka made a motion to approve Variance Request V04-016 for reduction in minimum lot size in the South Cobb Drive Overlay District for 4585 South Cobb Drive Carter and Associates with the following stipulations: ,... I. All connections to South Cobb Drive shall be approved by the State of Georgia and the City of Smyrna. The entrance on South Cobb Drive shall include a deceleration lane approximately 150' in length with a 50' taper and any other design elements required by the City Engineer or the State of Georgia. 2. The developer shall be required to dedicate an additional 10' of right-of-way for Main Street and 5' for Lois Street. 3. All applicable zoning standards associated with the General Commercial District (including the 50' building setback and 10' buffer adjacent to residentially zoned property) and South Cobb Drive Overlay District shall remain in effect for the development. Setbacks and buffers shall be measured from the property line prior to the dedication of any additional roght-of- way. ",.. 4. One landscape island shall be provided for every 10th parking space. The number of parking spaces above code requirements shall be minimized as much as possible. 5. An electronic gate system shall be installed and maintained in good working order on the entrance to Main Street, and on the internal driveway leading to the northern-most property parcel. The gate system will preclude through traffic between Main Street and the General Commercial property on South Cobb Drive. Access keys or codes for the gate system will be limited to employees of the office building on the northern-most property adjacent to Main Street. I"" 6. The office building to be constructed near Main Street will be built to appear substantially as per the elevations and colors presented to the City with this Variance request. 113785v2 122-00401 May 17,2004 5 ,... 7. No monument signs or other types of signs (other than allowed building wall signs as per the Smyrna Sign Codes) will be placed on Lois Street or Main Street. 8. The following uses are prohibited on any property within the proposed development: · Package Store · Pawn Shop 1 Title Pawn Shop · Pool Hall · Tattoo Parlor · Massage Parlor or Establishment · Check Cashing Establishment . Car Wash · Taxi Services · Lounge, Night Club, Tavern or Bar Establishment other than one secondary to a bona fide restaurant operation · Automobile or Truck Sales or Service · Service Stations · Convenience Store · Adult Book Store I Adult Novelty Story · Pornographic Theater · Any Entertainment Establishment featuring Nude Dancers or Nude Entertainment · Any Business that emits offensive odors, fumes, dust, vapors, loud noise or sounds 9. Developer agrees to install curb & gutter, and sidewalks, along their Lois Street frontage and from their property on Lois Street south to South Cobb Drive as per the City Engineer's requirements. ,... 10. Developer agrees to install curb and gutter, and sidewalks, along their Main Street and South Cobb Drive frontages as per the City Engineer's requirements. 11. Developer agrees to install decorative streetlights of a type to be approved by the City Engineer. 12. Developer agrees to install a strip of pavers or stamped concrete at least 20-30 feet deep across their entrances onto Lois Street and Main Street. The motion was seconded by Council Member Wood. ,... Council Member McNabb stated there has been limited time available to review the most up-to- date version of the subject proposal. Council Member McNabb stated he would like to have adequate time to study this proposal to make certain that approving it is the right action to take. Council Member McNabb stated this development could be a positive addition to the community, but he would like to table this measure to a subsequent meeting in order to provide additional time to address questions which have been raised. Council Member McNabb stated he will not support approval of this measure at the present time. ,... Council Member Smith stated he has visited the subject area many times, and that he has seen that the streets there are very narrow. Council Member Smith stated the developer should agree to widen Lois Street and Main Street and eliminate the curb cut on Main Street. Council Member Smith stated he will not support approval of this measure in its present form. Council Member Newcomb stated the purpose of the South Cobb Drive Overlay District 113785v2 122-00401 Mav 17.2004 6 ,. regulations is to make certain a large number of small parcels are not developed. Council Member Newcomb stated the proposed development is wen-planned and will have a consistent appearance throughout. Council Member Newcomb stated the matter of a curb cut on Lois Street is overstated in terms of the impact it will have on drawing people to that site. Council Member Newcomb stated the subject tract is presently zoned GC, and that any of the commercial uses the developer has agreed to have prohibited by stipulation could lawfully be put into the subject location at any time without any requirement for management to consult with the city council about their proposal. Council Member Newcomb stated the City has been presented with a remarkable opportunity to be afforded input into this process because a requirement exists for a variance. Council Member Newcomb stated he supports this motion. Motion was approved 5 - 2, with Council Members McNabb and Smith in opposition. [REMAINDER OF MINUTES EXCERPTED] ",.. ,.... ".... 113785v2 122-00401