2003 minutes (1)
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January 6. 2003
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 Chris Miller, and
representatives of the press.
Invocation was given by Pastor Steven Kimmel of First Baptist Church of Smyrna, followed by
the pledge to the flag
AGENDA CHANGES:
There were none.
CITIZENS INPUT:
There were no citizen comments.
MAYOR'S REPORT:
Mayor Bacon had nothing to report.
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PUBLIC HEARINGS:
(A) Approval of Extension of Apartment Moratorium
Mr. Wright stated the City's residential units are evenly divided between owner-occupied and
renter-occupied units. Mr. Wright stated that a study conducted several years ago recommends a
distribution of 40% multi-family and 60% single-family housing. Mr. Wright stated that an apart-
ment moratorium was instituted by the City to help achieve a desirable balance, and that staff
recommends renewal of the moratorium.
Council Member Lnenicka stated that several years ago an apartment moratorium was put in
place, and that the City presently will not rezone property for the construction of multi-family
apartment dwellings. Council Member Lnenicka stated the purpose of the moratorium is to help
achieve a desirable balance between multi-family and single-family dwellings. Council Member
Lnenicka stated the imbalance that has existed in the past is believed to have contributed to high
density, transiency in schools and traffic congestion. Council Member Lnenicka stated that some
progress has been made in this area, but that the desired balance has not yet been reached.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Lnenicka made a motion to approve extension of the City's
apartment moratorium until July 8,2003, and the motion was seconded by Council Member
Wood. Motion was approved 7 - O.
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January 6, 2003
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(B) Rezoning Request - Neighborhood Shopping (NS) to General Commercial (GC)-
Conditional - 2.36 Acre Tract in Land Lot 528 - Wade Ford, Inc.
Mr. Wright stated the subject property was previously the site of a Shoney's restaurant, and that
the management of Wade Ford, Inc. (WF) wish to use the property for an automotive sales facility.
Mr. Wright stated that staff supports the rezoning conditioned upon a number of stipulations.
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Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to several persons by Mr. Cochran.
Council Member Hawkins rccognized Mr. Lamar Lcster of WF, and asked Mr. Lester to explain
to those present why the requested rezoning is needcd. Mr. Lester stated that WF proposes to
locate its prc-owncd car salcs facility to the subject location. Mr. Lcstcr stated that thc proposed
facility will be for sales only, and that no repairs will be done at that location. Council Member
Hawkins stated that, if approved, the proposed rezoning will be conditioned on a number of
stipulations.
Mayor Bacon recognized Ms. Gill Bass, residing at 204 Alexandria Way, who expressed
appreciation to the Mayor and Council for the opportunity to be recognized and heard. Ms. Bass
stated that she and other residents in the affected area are opposed to the proposed rezoning of the
subject property from NS to Gc. Ms. Bass stated that such a zoning would change the overall
nature of the community. Ms. Bass stated that she and other concerned homeowners have sent a
list of recommended stipulations to the management ofWF. Ms. Bass stated that she has a
list of signatures relating to the position of some ofthe homeowners to present to the City's
elected officials. Ms. Bass stated that the proposed rezoning could affect home values in her
neighborhood. Mayor Bacon asked Mr. Cochran what would occur in the event of a different use
of the propcrty bcing subsequcntly introduccd, othcr than what is specifically approved with the
GC-Conditional zoning. and if such a changc in usc would result in the zoning revcrting to the
original NS zoning. Mr. Cochran stated that any changc in use not approvcd lor the GC-
Conditional zoning will result in the zoning reverting to the original NS zoning. Mr. Cochran
stated that the GC-Conditional zoning is subject to the conditions agreed upon by the applicant.
Mr. Cochran stated that a subsequent owner could also occupy the property subject to the same
conditions. Mr. Cochran stated that some of the proposed conditions are intended to limit the uses
that would ordinarily be permitted under GC guidelines. Mayor Bacon asked Ms. Bass if she and
some of the othcr homeowners in the area are opposed to the proposed rezoning regardless of the
stipulations, and Ms. Bass answered in the affirmative.
.....
Mayor Bacon recognized Ms. Lisa Safranic (phonetic), who reiterated that she and some of the
other homeowners are opposed to the rezoning altogether. Ms. Safranie expressed the view that
the management of WF have failed to satisfY the criteria for rezoning. Ms. Safranic expressed the
view that Sec. 1509 of the Zoning Code is very specific as to requirements, and that in this
instance the nine criteria specified have not been met. Council Member Hawkins stated that the
City's professional staff reviews all applications for rezoning, and that applications are not
supposed to be forwarded for rcview ifthcy arc in any way deficient. Council Member Hawkins
called upon Mr. Miller to explain to those present what information was furnished by WF in the
application process, and whether or not the information furnished is adequate for consideration of
a rezoning request.
Mr. Miller stated that Sec. 1508 of the Zoning Code contains the Zoning review standards, which
include the nine criteria previously mentioned. Mr. Miller stated that the Zoning review standards
are the guidelines used by the Planning Commission and the Mayor and Council when considering
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January 6. 2003
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an application. Mr. Miller stated that these standards are in place in order to give the reviewing
authorities some type of starting point from which to review an application. Mr. Miller stated
that a report is prepared which includes a recital of the requirements, and a staff opinion as to
whether or not the applicant fails to substantiate existence of hardship. Mr. Miller stated that
in many instances an applicant will lack the expertise to answer all the questions on the
application. Council Member Hawkins asked Mr. Miller if it is Mr. Miller's recommendation to
the Mayor and Council that this rezoning application be approved with certain stipulations, and
Mr. Miller answered in the affirmative. Council Member Hawkins asked Mr. Miller if, in his
opinion, the applicant has met the criteria as a general guide. Mr. Miller stated that, in his view,
no project will meet all nine criteria within the set of stipulations. Mr. Miller stated the purpose of
the nine criteria is to create a guide upon which the Mayor and Council can make a decision. Mr.
Miller stated that the provisions of Sec. 1509 of the Zoning Code, captioned as Zoning
procedures, do make it incumbent upon the applicant to demonstrate why the application should
be approved. Council Member Hawkins asked Mr. Miller if, in his opinion, the applicant has met
the basic requirements and the application should be approved, and Mr. Miller answered in the
affirmative. Mr. Miller stated that when the application was initially submitted, the applicant did
not anticipate any changes, so no site plan was submitted at that time. Mr. Miller expressed the
view that the stipulations formulated by the City staff are clear as to what will be required by the
applicant in order for the rezoning to be approved. Council Member Cramer pointed out that
the application is also reviewed by the Planning and Zoning Board (PZB) before it is sent to
Council, and that the PZB unanimously approved this application. Mayor Bacon asked Mr. Miller
what the zoning of the shopping center adjoining the subject property is, and Mr. Miller advised it
is zoned NS, and that he believes the Eckerd's store there is zoned GC. Council Member Ilawkins
asked Mr. Miller to read the nine criteria set forth in Sec. 1508 and explain why he believes the
applicant has substantially complied with the criteria. Mr. Miller read to those present the section
of the staff report on the subject application in which are set forth the nine criteria of Sec. 1508
and the staff analysis relating thereto:
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1.
Whether the zoning proposal will permit a use that is suitable in view of the use and development of
adjacent and nearby property.
The proposed uses will he consistent with the other commercial developments alonR South Cohh
Drive and the car dealership across the street. Additional stipulations have heen added to ensure
the potential commercial uses will he compatihle with the area.
2. Whether the zoning proposal or the use proposed will adversely affect the existing use or usability of
adjacent or nearby property.
The proposed rezoninR would not result in any new huilding\' on the property. Any potential
development on the suhject parcel would need to comply with the City's parkinR requirements and
huildinR code. Because of this, the rezoninR will not adversely affect the existing use or usability of
adjacent or nearby properties.
3. Whether the property to be affected by the zoning proposal has a reasonable economic use as
currently zoned.
The subject parcel could be used under the City's NeiRhborhood ShoppinR desiRnation and has a
reasonable economic use as currently zoned.
... 4.
Whether the zoning proposal will result in a use which will or could cause an excessive or
burdensome use of existing streets, transportation facilities, utilities or schools.
January 6, 2003
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The proposed rezoning will not result in any new development. While the change in the types of uses
permitted may generate additional vehicle trips, it will not cause an excessive burden upon the
existing streets, transportation facilities, utilizes or schools.
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5. Whether the zoning proposal is in conformity with the policy and intcnt ofthc land use plan.
The rezoning does not require an amendment to the Land Use Map. Therefore, the zoning proposal
is in conformity with the policy and intent of the land use plan.
6. Whether there are other existing or changing conditions affecting the use and development of the
propcrty which give supporting grounds for either approval or disapproval ofthc zoning proposal.
The need for uses associated with the Neighborhood Shopping zoning category continues to be less
than those associated with other commercial uses. This continued decrease in the need for
properties designated Neighborhood Shopping in this part of the City does provide a basis for this
rezoning.
7. Whether the development of the propcrty under the zoning proposal will conform to, be a detriment
to or enhance the architectural standards, open space requirements and aesthetics of the general
neighborhood, considcring the current, historical and planned uses in thc area.
The development will not result in any major exterior building renovations. Additional stipulation
have been added to increase the amount of on-site landscaping.
8:
Under any proposed zoning classification, whcther the use proposed may create a nuisance or is
incompatiblc with cxisting uses in thc area.
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The proposed zoning classification could create a nuisance to adjacent properties if all uses within
the GC category are permitted. Because of this, a stipulation has been added eliminating specific
uses from the list of those permitted under the General Commercial zoning category.
9. Whether due to the size of the proposed use, in either land area or building height, the proposed use
would affect the adjoining property. general neighborhood and other uses in the area positively or
ncgatively.
Factors associated with the use, land area or building height will not have an impact upon the
adjacent properties.
Mr. Miller also showed a graphic representation of the affected area to those present. Mr. Miller
statcd that, in general terms, the subject area is comprised of property zoned for commercial uses.
Mr. Miller stated that analysis of the application indicates a proposed use which is similar to those
found on surrounding properties. Mr. Miller stated that some of the proposed stipulations arc
intended to help buffer King Springs Road from thc subjcct property. Council Mcmber Hawkins
asked Mr. Miller ifany elected officials of the City have made any effort to influence his opinions
regarding this rezoning request, and Mr. Miller answered no. Council Member Hawkins asked
Mr. Miller if it is correct that the first time he (Council Member Hawkins) has met with Mr. Miller
regarding this matter was at the rccent meeting with the homeowners association (HOA), and Mr.
Miller answered in the affirmative. Council Member Hawkins asked Mr. Miller if it is correct
that, after thc mecting with thc HOA, he (Council Membcr Hawkins) and Mr. Miller had two or
three telephone convcrsations to try to discuss this rezoning request and to formulate stipulations,
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January 6, 2003
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and Mr. Miller answered in the affirmative.
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Council Member Pritchett stated that she, and other Council Members, received a letter bearing
the present date shortly before the current meeting from Stephanie, the HOA secretary. Council
Member Pritchett stated that reference is made in this letter to a petition from members of the
HOA which contains stipulations the HOA members would like WF to agree to in the event this
rezoning application is approved.
Mr. Matthew Brown stated that there are houses across from the su~ject location which would be
negatively affected by lights from the proposed use at the sll~iect location.
Mayor Bacon recognized Mr. William Jackson, residing at 3777 King Springs Road, who
expressed opposition to the proposed rezoning. Council Member Hawkins asked Mr. Jackson if
the subject location was a Shoney's restaurant at the time he moved into his current residence, and
Mr. Jackson answered in the affirmative. Mr. Jackson stated that he views the two kinds of
businesses differently. Mr. Jackson stated he is concerned about possible increased traffic in the
area that could be associated with a car lot.
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Mayor Bacon recognized Mr. Steve Ewing with WF, who stated that the associates of WF take a
great deal of pride in their property. Mr. Ewing stated that WF plans to spend the money required
for up-to-date, technically advanced lighting which should reduce the level of light which could
project from the subject location to surrounding areas. Mr. Ewing stated that WF is a business, and
that the WF management team wishes to maintain good relations with the community. Mr. Ewing
described the money and effort cxpended by wr to keep its premises in good general order. and
stated the same care will be shown to the subject property if the requested rezoning is approved.
Mr. Ewing stated the hours of operation at wr are shorter than those of a Shoney's restaurant, and
that WF is never open later than 9:00 p.m. Mr. Ewing stated the management of WF has agreed to
a number of stipulations that could diminish the potential value of the property to WF in an effort
to be cooperative with the community. Mr. Ewing asked those present to look at WF as the well-
managed business that it is and to let that speak for itself.
Mr. William Jackson asked Council Member Hawkins if he believes the presence of a car lot
would adversely affect home values in the subject area. Council Member Hawkins expressed the
view that a car dealership should have no different effect than a Shoney's restaurant.
Mr. Matthew Brown expressed the view that the Mayor and Council are not taking his concerns,
and those of some other residents, seriously.
Ms. Lisa Safranic reiterated her view that the proposed rezoning will change the essential nature of
the neighborhood. Ms. Safranic stated she disagrees with Mr. Miller's statutory interpretation.
Mayor Bacon recognized Ms. Carmen Boyer (phonetic), residing at 603 Bassett Court, who
expressed opposition to the proposed rezoning.
Mayor Bacon recognized Mr. Dave Janney, residing at 2625 Lynnhaven Lane, who expressed
opposition to the proposed rezoning.
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Ms. Gill Bass asked what stipulations attached to the petition Mr. Ewing is opposed to. Mr.
Ewing expressed concerns about HOA Stipulation I, requesting a wooden fence near King
Springs Road. Mayor Bacon asked what alternatives to a fence have been considered, and Mr.
Ewing stated WF has considered investing in trees and shrubs. Mr. Ewing expressed concerns
January 6, 2003
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about HOA Stipulation 3 requesting prohibition of removal of any trees or plants and parking of
cars on the subject property near the shopping center. Mr. Ewing expressed concerns about HOA
Stipulation 7, requesting rcstricted parking on the side of thc subject property facing King Springs
Road. Council Member Hawkins asked Mr. Ewing ifhe is in agrcemcnt with HOA Stipulation 12
requesting that the exterior of the building be painted and awnings replaced, and Mr. Ewing
answered in the affirmative.
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Mayor Bacon recognized Ms. Stephanie Echols, residing at 103 Chesterfield Court, who expressed
opposition to the proposed rezoning.
Mayor Bacon recognized Ms. Theresa Rosin, residing at 202 Stratford Chase, who expressed
opposition to the proposed rezoning.
Mr. Lester expressed the view that a Shoney's restaurant would probably generate more traffic
than a car dealership. Mayor Bacon asked Mr. Lester if WF will be open on Sundays, and Mr.
Lester answered no. Mayor Bacon asked Mr. Lester if the gate to the subject property will be
locked when the business is closed, and Mr. Lester answered in the affirmative. Council Member
Cramer asked Mr. Lester if the gate will be closed at other times, and Mr. Lester stated it will be
closed at all times cxccpt lor somc pick-ups and delivcrics. Mr. Lester statcd a sign will indicatc
that the premises must be entered from South Cobb Drive. Council Member Cramer asked Mr.
Lester ifWF will have signs postcd at thc rear of the King Springs Road side, and Mr. Lester
answered no.
Ms. Lisa Safranic presented a recapitulation ofthe nine elements of Sec. 1508, and reasons why
she believes WF has not satisfied these requirements. Council Member Hawkins expressed
apprcciation to Ms. Safranic for the time and thought she has spcnt on presenting her viewpoints.
Council Mcmbcr Scoggins asked Ms. Safranic what type of business shc thinks would be desirablc
for the subject location. Ms. Safranic used the Vinings Jubilee shopping complex as one example
of the type of business she would like to see at the subject location.
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Council Member Pritchett stated that much of the foregoing discussion has centered on what could
ideally happen at the subject location. Council Member Pritchett stated that the Council is dealing
with what is there, which is a dilapidated building that was a Shoney's restaurant which went out
of business becausc of its location. Council Membcr Pritchett stated that upscale shopping would
bc wondcrful to have, but that is not what is at the subject location. Council Member Pritchctt
stated that an abandoned building currently occupies the subjcct location, and it could remain in its
present state for a very long time. Council Member Pritchett stated that the management of WF
has indicated willingness to comply with various stipulations and spend more money than was
planned in order to fit into the community. Council Member Pritchett stated that the business
proposed by WF for the subject location may be the start of a revitalization for that area.
Council Mcmbcr Hawkins statcd that a comment was made by somcone earlier in the City Hall
lobby to the effect that he (Council Member Hawkins) is advocating approval of this rezoning
request because he buys Ford products. Council Member Hawkins stated he has previously
purchased four Ford vehicles from WF, and that he pays the same prices as everyone else. Council
Member Hawkins stated that he believes WF treats everyone fairly, but he is not placing any
special emphasis on approval of their rezoning request. Council Member Hawkins stated that
concerns regarding increased traffic are frequcntly raised whcn rezoning requests are considered.
Council Member Hawkins stated that when plans were originally made to build the Sutherlin Park
subdivision near the subject location, many people expressed objections on the basis of a possible
traffic incrcase in that arca. Council Member Hawkins stated that he voted in favor of building
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January 6, 2003
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the subdivision because he believed it would be an asset to the area. Council Member Hawkins
stated that if he had any reason to believe WF's plans for the subject location would adversely
affect the values of the homeowners' properties in the surrounding area, he would be opposed to it.
Council Member Hawkins stated that he honestly believes that the operation planned for the
subject location by WF will not adversely affect any property values in the surrounding area.
MOTION: Council Member Hawkins made a motion to approve a rezoning request from
Neighborhood Shopping (NS) to General Commercial (GC)-Conditional for a 2.36 acre tract in
Land 'Lot 528 for Wade Ford, Inc., subject to the following conditions:
I. The parking lot shall provide a new landscape island at the terminus of the existing front
row of parking and two new landscape islands in the southern row of parking spaces.
Each of these landscape islands shall include a shade tree.
2. The existing access on King Springs Road shall be restricted via a new locked gate.
3. 5' wide landscape buffers shall be maintained along South Cobb Drive and King Spring
Road. The landscape buffer along King Springs Road shall contain a continuous row of
evergreen trees planted a minimum of 15' apart at a height of at least 6' and a continuous
Carissa Holly hedge row. The landscape buffer along South Cobb Drive shall include one
shade tree every 35' and a continuous Carissa Holly hedge row as well.
4. The existing on-site lighting shall be retrofitted to incorporate "full-cutoff' lighting
technology to prevent light spillage upon adjacent properties. Any new lighting will also
need to incorpornte "fllll-cutolT" lighting technology.
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5. No outside public address systems shall be permitted.
6. Any business on the subject property related to car sales will be required to be a
franchised car dealership directly associated with a car manufacturer.
7. The list of permitted uses for this site shall not include the following:
a. Animal hospitals and veterinary clinics
b. Boat sales and repairs
c. Boarding and breeding kennels
d. Farm equipment sales and service
e. Lumber, hardware and other building material establishments
f. Mobile home and travel trailer sales
g. Service stations
h. Automotive Repair
J. Stations and terminals for bus and rail passenger service
J. Taxi stands
k. Theaters
8. The applicant shall be permitted to utilize their existing "used car" sign in place of the
current Shoney's pole sign. No signage shall be permitted which will be visible from
King Springs Road, including promotional signs, banners, inflatable signage, balloons or
flags.
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January 6, 2003
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9. The signage on South Cobb Drive shall be consistent with Ford branding and the existing
Wade Ford facility on South Cobb Drive.
10. Waste receptacles shall be screened from view.
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II. No storage, including but not limitcd to car parts, tires, body repairs, engines, etc., shall
exist on the exterior of the property.
12. Exterior of existing buildings shall be repainted and awnings replaced 111 a manner
consistent with the existing Wade Ford facility across South Cobb Drive.
Thc motion was sccondcd by Council Mcmbcr Cramer. COllncil Membcr Lnenicka commended
Council Membcr Ilawkins lor his eflorts in taking thc views of the residents from the surrounding
area into consideration in the process of formulating stipulations. Council Member Lnenicka
recognized WF as a good corporate citizen of the City, and made reference to their various
contributions to the community over the years. Council Member Lnenicka stated that, like
Council Member Hawkins, he has also purchased a vehicle from WF. Council Member Lnenicka
stated that the testimony of the residents who have expressed concern about property values, and
other information presented, have persuaded him that he cannot support this rezoning request.
Motion was approved 6 - I, with Council Member Lnenicka in opposition.
(C) Variance Request - Reduction in Side Building Separation - 5015 Duxford Drive -
Ryland Homes
Mr. Wright stated the applicant is requesting a variance to reduce the building separation at the
subject location from 15' to 12.5' to accommodate the type of home selected by a customer. Mr.
Wright statcd thc hardship in this case is a largc eascment on the property. Mr. Wright statcd that
staff supports this variance request.
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Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Wood recognized Ms. Mary Higgenbotham, and asked Ms. Higgenbotham
to explain to those present why the requested variance is necessary. Ms. Higgenbotham stated
there is a 15.5' sewer easement on the subject property, and that the proposed placement of the
structurc will be about 6" to 7" closer to thc right property line than is normally allowed. Council
Member Wood asked Ms. Higgenbotham if the occupants of the adjoining property at Lot # 61A
have indicated that they have no objections to the proposed variance, and Ms. Higgenbotham
answered in the affirmative. Council Member Lnenicka asked why the application form reflects a
current separation of 13'. Ms. Higgenbotham explained that Council had approved a reduction
to 13' earlier to accommodate the size of the houses, and that for this particular lot an additional
6" is being requcsted.
MOTION: Council Member Wood made a motion to approve a variance request for a reduction in
side building scparation from 15' to 12.5' at 5015 Duxford Drivc for Ryland Homes. Thc motion
was seconded by Council Member Lnenicka. Motion was approved 7 - O.
(D) Variance Request - Reduction in Rear Yard Setback - 3790 Autumn Place - Pamela
Teague
Mr. Wright stated the applicant is requesting a variance to reduce thc rcar yard sctback at the
subjcct location to 4' in ordcr to accommodate a small storage room. Mr. Wright stated the
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January 6, 2003
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storage room will be attached to an existing garage and will share the same roof as the garage.
Mr. Wright stated that staff supports this variance request.
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Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Wood recognized Ms. Pamela Teague, and asked Ms. Teague to explain to those
present why the requested variance is necessary. Ms. Teague stated that a free-standing storage
shed had been on the property previously, and that she would like to have something to replace it
that is more aesthetically appealing. Council Member Wood stated letters have been received
from the residents of adjoining properties indicating they have no objections to the requested
vanance.
MOTION: Council Member Wood made a motion to approve a variance request for a reduction
in rear yard setback from 35' to 4' at 3790 Autumn Place for Pamela Teague. The motion was
seconded by Council Member Cramer. Motion was approved 7 - O.
(E) Zoning Code Amendment (Sec. 717.173b) - Overlay District External Building Color
Requirements
Mr. Wright stated that Sec. 717.173b ofthe Zoning Code requires all buildings in the overlay
districts, except Atlanta Road, to utilize muted earth tone colors. Mr. Wright stated that the
proposed amendment defines the approved colors and makes them applicable to all overlay
districts, including Atlanta Road.
...
Mr. Miller stated that the proposed color list is comprised of colors derived from the Pantone
color system. Mr. Miller explained that Pantone is a New Jersey-based company, and that their
guidelines are the industry standard for the interior design field and architects. Mr. Miller stated
these standard colors should make it much easier for developers to comply with the color require-
ments.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Mayor Bacon and Council Members Hawkins and Lnenicka asked Mr. Cochran if certain colors
on the proposed list, which may not be suitable for use as a primary external building color, should
be included. Mr. Cochran recommended that some of the Pantone colors considered potentially
problematic should be removed from the list of approved colors. Mr. Cochran stated that the
colors in question can be afforded further consideration, possibly for use as accent colors only, at a
subsequent time. Council Member Lnenicka stated that Mr. Cochran has also recommended
deleting the word "include" and replacing it with the words "be limited to" in reference to
approved colors.
MOTION: Council Member Lnenicka made a motion to approve a Zoning Code amendment to
Sec. 717.173 b Overlay District external building color requirements with two changes; first,
deletion of the word "include" in the first additional sentence and changing it to "be limited to;"
second, deletion of Pantone colors 201, 208, 215, 202 and 209. The motion was seconded by
Council Member Wood. Motion was approved 7 - O.
FORMAL BUSINESS:
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(A)
Validation of Application for Annexation - 47.523 Acre Tract - Land Lots 274, 303, and
304 - Hickory Lake, LP
January 6, 2003
10
Mr. Wright stated the applicant has requested annexation under the guidelines requiring 100% of
the signatures of the owners of the subject property. Mr. Wright stated the City Engineer has
reviewed the submitted legal description with satisfactory results.
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The legal description of the subject property is as follows:
All that tract or parcel ofland lying and being Land Lots 274, 303, and 304 of the l7'h District, 2nd
Section, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at an iron pin at the southeast corner of Land Lot 303 and the northeast corner of
Land Lot 303 and the northeast corner of Land Lot 304 (said iron pin also being on the westerly
right of way line of Old Concord Road) (right of way varies); thence along the said westerly right
of way line of Old Concord Road and the easterly line of Land Lot 304 South 0 I degree 53
minutes 04 seconds East a distance of 681.38 feet to a nail on the northeasterly line of a 50 foot
right of way of Smyrna - Powder Springs Road; thence leaving said right of way line of Old
Concord Road and easterly line of Land Lot 304 and along the said northeasterly right of way line
of Smyrna - Power Springs Road along the arc of a curve to the right a distance of 566.11 feet
(chord Bearing North 53 degrees 36 minutes 04 seconds West, chord distance of 561.93 feet,
radius 1,342.62 feet) to a point; thence continuing along said right of way line North 38 degrees 20
minutes 07 seconds West a distance of 78.43 feet to a point; thence along the arc of a curve to the
left a distance of254.78 feet (chord bearing North 54 degrees 06 minutes 26 seconds West, chord
distance of250.26 feet, radius 389.33 feet) to an iron pin; thence leaving said right of way line
North 00 degrees 24 minutes 00 seconds East a distance of 144.08 feet to a nail on the northerly
line of Land Lot 304; thence along said Land Lot Line North 89 degrees 36 minutes 00 seconds
West a distance of655.00 feet to an iron pin at the Land Lot Corner common to Land Lots 273,
274,303 and 304; thence along the South line of Land Lot 274 South 85 degrees 46 minutes 00
seconds West a distance of381.33 feet to an iron pin on the southeasterly right of way line of
Benson Pool Road (right of way varies); thence along said right of way line along the arc of a
curve a distance of 190.67 feet (chord bearing North 21 degrees 06 minutes 19 seconds East, chord
distance of 190.66 feet, radius 5,945.40 feet) to a point; thence continuing along said right of way
line North 18 degrees 45 minutes 42 seconds East a distance of 517.39 feet to a point; thence
along the arc ofa curve to the right a distance of 302.04 feet (chord bearing North 24 degrees 35
minutes 27 seconds East, chord distance of 30 1.85 feet, radius 2,467.25 feet) to an iron pin; thence
South 61 degrees 54 minutes 15 seconds East a distance of 4.89 feet to an iron pin; thence North
27 degrees 02 minutes 46 seconds East a distance of 22.00 feet to a point; thence along the arc of a
curve to the right a distance of248.88 feet (chord bearing North 31 degrees 59 minutes 01 second
East, chord distance of248.55 feet, radius 1,395.57 feet) to a point; thence North 37 degrees 05
minutes 33 seconds East a distance of31.74 feet to an iron pin; thence North 61 degrees 17
minutes 24 seconds East a distance of74.02 feet to an iron pin on the southerly right of way line
of Windy Hill Road (right of way varies); thence leaving said right of way line of Benson Pool
Road and along the said right of way line of Windy Hill Road North 88 degrees 31 minutes 12
seconds East a distance of 1,062.24 feet to an iron pin; thence South 47 degrees 31 minutes 37
seconds East a distance of 37.81 feet to an iron pin on the westerly right of way I ine of Old
Concord Road; thence leaving said right of way line of Windy Hill Road and along said right of
way line of Old Concord Road South 0 I degree 25 minutes 39 seconds East a distance of 104.59
feet to an iron pin; thence continuing along right of way line North 88 degrees 25 minutes 39
seconds East a distance of 2.00 feet to an iron pin on the easterly line of Land Lot 303; thence
continuing along said right of way line and Land Lot Line South 01 degree 34 minutes 21 seconds
East a distance of I, II 0.22 feet to an iron pin at the southeast corner of Land Lot 303 and the
point of BEGINNING.
--
-
January 6, 2003
11
-
MOTION: Council Member Cramer made a motion to approve the validation of this annexation
application, and to set a public hearing date for consideration of the application for February 3,
2003. The motion was seconded by Council Member Wood. Motion was approved 7 - O.
(B) Adoption of Comprehensive Parks and Recreation Master Plan
Mr. Wright stated the Master Plan covers the years 2002 to 20 I 0, and contains recommendations
for improvements to existing parks and for the development of new facilities.
Council Member Pritchett stated that the Master Plan is primarily for use as a guide, and that the
Master Plan does not designate any properties to be acquired, nor does it designate any timetable
for acquisitions or purchase prices of any possible acquisitions.
-
MOTION: Council Member Pritchett made a motion to approve the adoption of the Com-
prehensive Parks and Recreation Master Plan. The motion was seconded by Council Member
Newcomb. Council Member Lnenicka expressed appreciation to the Parks and Recreation staff
for the efforts they have made in development of this Master Plan. Council Member Lnenicka
read a portion of the Master Plan pertaining to possible uses for the Brawner property to those
present. Council Member Lnenicka thanked the Council for their support of this property, and
commented on what he considers to be this property's potential. Council Member Newcomb
commented favorably on the Master Plan, and expressed the hope that this Master Plan will prove
to be consistent with the type of vision the City's leaders had for downtown revitalization years
ago. Council Member Wood stated that Council Member Pritchett explained the intended purpose
of the Master Plan very well. Council Member Wood read to those present a section from the
introduction page of the Master Plan in which the purpose of the Master Plan is described.
Council Member Wood stated that adoption of the Master Plan is not a vote to spend any funds or
develop any particular property, but rather a "roadmap" to follow in the future. Motion was
approved 7 - O.
(C) Approval of the Abandonment of a Portion of Mann Street
Mr. Wright stated the subject property is a platted right-of-way (ROW) for a road that has never
been built. The owners of adjoining properties have requested that the City abandon this ROW so
it can be incorporated into the subdivision in the subject area. Mr. Wright stated the City Engineer
has reviewed this application and recommends abandonment of this ROW. (Clerk's Note: A
copy of a plat map illustrating the area to be abandoned is appended as Exhibit A)
MOTION: Council Member Hawkins made a motion to approve abandonment of a portion of
Mann Street. The motion was seconded by Council Member Scoggins. Motion was approved 7 -
O.
COMMERCIAL BUILDING PERMITS:
There were none.
-
January 6, 2003
12
CONSENT AGENDA:
(A) Approval of December 16, 2002 Minutes
-
(B) Request for Budget Transfer from Contingency to Administration, Repairs and
Maintenance to Prepare Existing Building for Records Storage
Approval for a budget transfer from Contingency Funds to Administration Repairs and
Maintenance (13200.52.22) in the amount of $15,000 to cover renovation and initial set-
up costs of the City owned old dry cleaning building for departments' records center and
to solicit bids for HV AC is recommended.
(C) Request to use R & E Funding with contract unit pricing
Public Works requests to upgrade a 2" water main, install one fire hydrant and replace
seven (7) plastic services for Teasley Drive. Due to problems with the old 2" main and
plastic services, replacement of this main is necessary. This project will include a fire
hydrant for added fire protection. Public Works staff recommends replacement and
upgrade of this water main using R & E funds.
(D) Surplus of Personal Computers, Three Printers, One 16 MM Projector, One FAX
Machine, and Two Copiers
The information Systems Department has fourteen working computers, two
working printers, one fax machine, and one working copier that need to be
disposed of. The library has three non-working printers, one non-working copier,
two change machines, and one non-working 16MM projector. Our choice is to
destroy them or allow the public and employees to submit offers for them.
It is recommended that the Mayor and City Council declare all of these items as surplus
and authorize the Purchasing Division to put one add in the Marietta Daily journal to notify
the public, and send an e-mail to all City employees. We will set them up in the training
room for a one week inspection and allow employees and the public to make either sealed
or open offers, similar to an auction. Any items not sold will be either destroyed or
donated to one of the local schools, if interested. Although people will be allowed to try
them out, all items will be sold "AS IS" with no warranty expressed or implied. All
working computers will have a minimum starting bid of Fifty Dollars ($50.00) All non
working items will have no minimum bid.
-
(E) Approval of Addition of Name to the Veterans Memorial Wall
The family of Vernon H. Alford has requested that his name be added to the Memorial
Wall section of the Veterans Memorial. Mr. Alford died in 1945 while serving in the
U. S. Navy.
MOTION: Council Member Hawkins made a motion to approve the consent agenda. The motion
was seconded by Council Member Scoggins. Motion was approved 7 - O.
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.
.-
January 6, 2003
13
Council Member Hawkins yielded the floor with no report.
-
Council Member Cramer yielded the floor with no report.
Council Member Lnenicka commended Utilities Department employee Rickey Holbert for the
complimentary comments made about Mr. Holbert by a citizen for outstanding customer service.
Council Member Lnenicka commented favorably about an article concerning a Smyrna
neighborhood which recently appeared in the Marietta Daily Journal.
Council Member Wood yielded the floor with no report.
Mr. Wright reminded those present that the next Council meeting will be Tuesday, January 21, as
City Hall will be closed the preceding Monday in observance of the Martin Luther King, Jr. Day
holiday.
Mayor Bacon commented favorably about an article which recently appeared in the Atlanta
Journal and Constitution regarding the Vinings Glen community, and read an excerpt from the
article to those present. Mayor Bacon commented on various City achievements attained during
the previous year, including the First Place award from Keep America Beautiful. Mayor Bacon
expressed appreciation to Ann Kirk, Sandi Sands and the other associates and employees of the
City for their efforts. Mayor Bacon stated he is gratified to see so many people visiting the new
Veterans Memorial. Mayor Bacon commented favorably on the opening of the Market Village,
and the various awards the City garnered last year. Mayor Bacon asked those present to continue
to support Smyrna's businesses. Mayor Bacon stated that 2002 was an eventful and productive
year for the City of Smyrna.
-
CITIZENS INPUT:
Mayor Bacon recognized Mr. Bill Strickland, who recommended to the Council that time limits be
imposed for citizens wishing to speak at Council meetings regarding various matters. Mayor
Bacon thanked Mr. Strickland for his comments.
ADJOURNMENT:
With no further business, the meeting was adjourned at 10:00 p.m.
-
January 6,2003
A. MAX BACON, MAYOR
cJJ)j~' %d6~
SUSAN D. HIOTT, CITY CLERK
.~ ~~ j/J
RON NEWCOMB, WARD 2
ti~Gl;~~~
aU~ U;/J
CHARLES PETE WOOD, WARD 7 ""
/11.
JAMES M. HAWKINS, WARD 4
14
-
...
~
-
ORDINANCE No. 2003- 6
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, APPENDIX A - ZONING, CITY OF
SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTION 717.173b
OF SAID CODE, PROVIDING THAT A LIST OF APPROVED EARTH
TONE COLORS IN THE ZONING CODE FOR USE IN EACH OF THE
OVERLAY DISTRICTS BE INCLUDED.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA:
That Section 717.173B of the Code of Ordinances, Appendix A -
Zoning, of the City of Smyrna, Georgia, be amended so that such section shall
read as follows:
-
717.173b "CDD - 1,2,3,4,5 - The materials utilized shall be one or more colors
known as muted earth tones. The term muted earth tone shall be limited to the
following colors derived from the Pantone color system: Warm Gray 1, Warm Gray
2, Warm Gray 4, Warm Gray 5, Warm Gray 6, Warm Gray 7, Warm Gray 8, Warm
Gray 9, Cool Gray 6, Cool Gray 8, Cool Gray 9, Cool Gray 10, 406, 407, 408, 410,
413,414,434,436,437,451,452,453,4535,454,4545,4645,465, 1405,4655,466,
4665, 467, 468, 4715, 4725, 5527, 5565, 5575, 5615, 5625, 5655, 5665, 5747, 5773,
5777, 5787, 5793, 5797, 5803, 5807, 5855, 5865, 5875, 726, 728, 9060, 9143, 9160,
9161,9162,9163,9183, and 9223."
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.
-
ORDINANCE No. 2003- 6
-
Approved by Mayor and Council this 6th day of January, 2003.
/~~
Attest:
A. Max Bacon, Mayor
Su an D. Hiott, City Clerk
City of Smyrna
-
APpro~ed as to form:
/)~ ~&
Scott A. Coc a'ir,'-clty Attorney --------,
City of Smyrna
-
2
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December 5,2003
To: Mayor and Council of City of Smyrna
Veterans Memorial Association
Smyrna, Georgia
This is an affidavit swearing everything I stated in the letter dated 11-12-02 and addressed to
Bill Lnenicka is true.
~~(~
wwn Veteran -
3894 North Cooper Lake Road
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M.nON:
072.59 (NORTH AMERICAN VERTICAL OATIlM
OEP.RTMENT OF TRANSPORTATION 1973
.OCATEO IN SOUTHE.ST SMYRNA. 1.5 HILES
'QRCE BASE .ND 8.0 MILES SOUTIlHEST OF
ilLES NORTHEAST OF AUSTELL
10M THE SMYRNA POST OFFICE ON CHEROKEE
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II. TURN RIGHT ~NO GO SOUTIl 1.1 MILES
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TOTAL ARE^~~
5.19211 AC
226,169 sr
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TRACT n
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