2003 minutes (2)
January 21, 2003
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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, Fire Chief Larry Williams, 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, City Engineer Ken Hildebrandt, Community
Development Director Chris Miller, Community Relations Director Jennifer Bennett and
representatives of the press.
Invocation was given by Reverend Reginald Wilborn of New Union Baptist Church, followed by
the pledge to the flag.
AGENDA CHANGES:
There were none.
CITIZENS INPUT:
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Mayor Bacon recognized Mr. David Wilkerson, residing at 1460 Spring Leaf Circle, who
expressed concerns about recent property tax assessments in his neighborhood. Council Member
Scoggins stated he has had similar concerns, and provided details of efforts he has made to
discuss his concerns with County officials. Council Member Scoggins agreed to meet with Mr.
Wilkerson and other concerned homeowners in his neighborhood at a later date.
MAYOR'S REPORT:
Mayor Bacon stated that agenda item # 5G, Approval of Application for Annexation - Land Lots
388,389,404,405 - 1.696 Acre Tract - New Cooper Lake LLC, will be tabled until the March
17, 2003 Council meeting.
PUBLIC HEARINGS:
(A) Variance Request - 1064 Stephens Street - Reduction in Front Yard Setback-
Cynthia and Charles Black
Mr. Wright stated the applicant has requested a variance in front yard setback in order to install a
porch. Mr. Wright stated the regulations call for a setback of 35,' but the applicant has requested
a setback of slightly more than 34.' Mr. Wright stated that staff supports the requested variance.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
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Council Member Hawkins recognized Mr. Charles Black, and asked Mr. Black to explain the
need for the requested variance to those present. Mr. Black stated that he recently added a new
door to his residence, and that this door is beginning to show some signs of deterioration from
exposure to the elements. Mr. Black stated the proposed porch structure is needed to protect the
door. Council Member Hawkins stated the property has been posted for the hearing and that
signatures have been obtained from residents surrounding the subject property indicating they
January 21, 2003
2
have no objections to the proposed variance. Mr. Black stated he brought a copy of the survey of
the subject property with a corrected spelling of his spouse's last name, and Council Member
Hawkins directed Mr. Black to turn the corrected copy over to the City Clerk for inclusion in the
records.
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MOTION: Council Member Hawkins made a motion to approve a variance for a reduction in
front yard setback for 1064 Stephens Street to 34.1,' and the motion was seconded by Council
Member Scoggins. Motion was approved 7 - O.
(B) Variance Request - 2432 Carolyn Drive - Fence Plan in Street Side Yard Exceeding
Height Limits - Alexander Henderson
Mr. Wright stated Section 501.10 of the Smyrna Zoning Code prohibits wooden fences in the
front yard or street side yard which exceed 4' in height, and that the applicant has requested a
variance to permit a professionally-constructed wood privacy fence which will have a maximum
height of 6'. Mr. Wright stated the proposed fence will replace an older privacy fence, which was
only 5' in height, and will be located in-line with the front of the residence. Mr. Wright stated
that staff supports the requested variance.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Pritchett recognized Mrs. Henderson, and asked Mrs. Henderson to explain the
need for the requested variance to those present. Mrs. Henderson stated that the fence is needed
to restrict pedestrian traffic on the property, and to provide some additional privacy. Mrs.
Henderson stated she has a small child, and the proposed fence would also be useful for helping
to prevent her child from inadvertently straying from her premises. Council Member Pritchett
stated signatures have been obtained from residents surrounding the subject property indicating
they have no objections to the proposed variance. Council Member Pritchett stated that staff
supports the variance, and that staff has noted that any fence erected on the subject premises must
be consistent with the design details submitted with the application. Council Member Pritchett
stated that no impairment of visibility at the nearby intersection is anticipated to result from the
construction of the proposed fence.
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MOTION: Council Member Pritchett made a motion to approve a variance for a fence exceeding
height limits at 2432 Carolyn Drive, and the Motion was seconded by Council Member
Newcomb. Motion was approved 7 - O.
(C) Rezoning Request- Vinings Estates, Land Lots 328, 329, 330, 331, 390, 391, 392, 393,
398,399,400,401,402,403,462,463,464,465,466,467,471,472,474,538,539,542,
543, 544 and 545 - Approximately 62 Acres - Cobb County R-20 to RAD Conditional -
John Wieland Homes and Neigborhoods
Mr. Wright stated the applicant plans to annex some 62 acres into the City, and to use most of this
property in the existing subdivision. Mr. Wright stated the rezoning will add 121 new lots, with
an overall density of 1.29 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB)
approved the requested rezoning, and that staff supports the rezoning with a number of
stipulations.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to at least two persons by Mr. Cochran.
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January 21, 2003
3
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Council Member Wood recognized Mr. Dan Fields of John Wieland Homes and Neighborhoods
(JWH), and asked Mr. Fields to provide some details of the proposed rezoning, annexation and
plan amendment to those present. Mr. Fields stated the subject property is located in the area of
Cooper Lake Road, and that the plan amendment calls for construction of some townhomes
which are planned to be larger than some already in the general vicinity. Mr. Fields stated that
56.42 acres are earmarked for annexation into the City, and that 78 residential lots are planned for
this property. Mr. Fields stated that homes consistent with other structures in Vinings Estates are
scheduled to be built on this land at a density of 1.38 units per acre. Mr. Fields stated that, with
the additional acreage, Vinings Estates will be comprised of 723 acres. Mr. Fields stated that,
after the PZB meeting, representatives of JWH met with the Vinings Estates homeowners
association (HOA) to discuss an agreement for the addition of a clubhouse and other improve-
ments at Vinings Estates. Mr. Fields stated that an overall density of 1.29 units per acre will be
maintained, which is well within the guidelines of the land use plan for that area.
Mr. Fields stated he has a list of conditions in addition to those required by staff, which he read
to those present:
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. A new clubhouse, including parking area and a swimming pool, will be constructed
. A second tennis pavilion will be constructed
. A sidewalk will be added along Whitehaven Park Lane
. Landscaping improvements will be made at the entrance at Cooper Lake Road
. A street in the vicinity oflvy Green Way will be relocated
. Construction of the Vinings Estate Drive access will be postponed for at least one
year
. The Cooper Lake Road townhomes will be a minimum of 2500 square feet in size
and will not exceed 35 units
. A 40' buffer will be built along the side of the Cooper Lake Road townhomes
Mr. Fields stated there will be other agreements with the Vinings Estates HOA which do not
pertain to zoning. Council Member Wood asked Mr. Fields if the planned pool will be
configured for six lanes, and Mr. Fields answered in the affirmative. Council Member Wood
stated Peter Blackwood, Chairperson, Vinings Estates Advisory Committee, Kim Carpenter,
Chairperson, Ridge at Vinings Advisory Committee, and Dave Newman (phonetic), Immediate
Past Chairperson of the Homeowners Advisory Committee, worked with JWH to arrive at
agreements made in addition to rezoning requirements.
Mayor Bacon recognized Mr. William Ketchum, residing at Valley Brook Road, who asked Mr.
Fields what the total number of proposed new dwellings is. Mr. Fields stated that 78 homes are
planned for 56 acres ofland. Mr. Ketchum asked Mr. Fields to provide some landmark
references to help give a clearer understanding of where the subject property is, and, utilizing a
map, Mr. Fields pointed out an area in the vicinity of Pebblebrook Road. Mr. Ketchum asked Mr.
Fields what consideration has been given to the possible impact of additional vehicles on traffic
in the affected area, and Mr. Fields stated the proposed level of construction density for the
subject property is not inconsistent with the existing R-20 zoning.
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Mayor Bacon recognized Mr. Brian Torras, residing at 4750 Summerwood Drive, who asked Mr.
Fields for additional information about the proposed 40' buffer near the Cooper Lake Road area
townhomes. Mr. Fields stated the proposed plan is intended to buffer the property on Cooper
Lake Road. Mr. Torras asked if it is correct that there is currently no buffer planned for the area
between Summer Place subdivision and the location of the proposed townhomes, and Mr. Fields
January 21, 2003
4
answered in the affirmative. Mr. Torras expressed the view that the lack of a buffer near Summer
Place and the proposed townhomes will negatively affect the value of his home. Mayor Bacon
asked Mr. Chris Miller to comment on the concerns expressed by Mr. Torras. Utilizing a site
plan map, Mr. Miller showed Mr. Torras some buffering measures in the subject area. Mr. Miller
stated there is a 10' landscape buffer along a common property line, and a minimum 40' setback
from the property line to the location of the proposed townhomes. Mr. Miller stated construction
of a retaining wall is also planned. Mr. Miller stated a topographical buffer is also expected
because of variances in grade. Mr. Fields stated the proposed townhomes are expected to have a
selling price in the $350,000 range, and that it will be important for JWH to have screening
measures in place for the prospective occupants. Mr. Fields stated that as much vegetation as
possible will be left in the buffer areas. Mr. Fields stated that, if there is any land disturbance in
the subject location, JWH would be willing to plant some cypress trees in the affected area.
Council Member Wood asked Mr. Fields if JWH would agree to the planting of some cypress
trees in the subject area as a condition, if such a condition were to be recommended by Mr.
Miller, and Mr. Fields answered in the affirmative. Mr. Torras stated that there are presently
hardwood trees approximately 40 to 50 feet in height in the subject area, and no brush at all. Mr.
Torras stated that some time ago a developer had a plan for a golf course in the subject area, and
that a plan was proposed by the developer for a 20' or 30' buffer between Summer Place and the
proposed facility to be comprised of tall plants. Mr. Torras stated that some commitment to the
building of an adequate buffer is needed. Mr. Fields stated that JWH will work with the City staff
to develop a landscape plan that will be beneficial to all concerned. Mr. Fields stated that
everyone has the same objective which can be accomplished through the establishment of a
proper buffer between the properties. Mr. Miller stated he will contact Mr. Torras later to make
any proposed landscape plans available for Mr. Torras' inspection. Mr. Miller stated that he has
met with members of the HOA to try to address any concerns they have had about this rezoning,
and that he believes they are supportive of the rezoning. Council Member Wood asked Mr.
Miller ifhe supports the rezoning, and Mr. Miller answered in the affirmative.
...
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MOTION: Council Member Wood made a motion to approve a rezoning request for Vinings
Estates, Land Lots 328, 329, 330, 331, 390, 391, 392, 393, 398, 399,400,401,402,403,462,
463,464,465,466,467,471,472,474,538,539,542,543,544 and 545, approximately 62 acres,
from Cobb County R-20 to RAD Conditional, and a master plan amendment at an overall density
of 1.29 units per acre for John Wieland Homes and Neigborhoods with the following conditions,
which are in addition to any existing conditions or stipulations imposed upon the development
previously:
1. A 40' landscape buffer shall be constructed along Cooper Lake Road between the
proposed townhome development in the right-of way (ROW)
2. No rear elevation of the proposed townhomes will be comprised of 100% hardiplank
siding. Rear elevation will be matched to the front elevation.
3. The southern entrance to the Elliott property will be relocated such that it will be aligned
with the eastern boundary of the tract.
4. The number of non-resident members of the Vinings Estates Association shall be limited
to 100 residents.
5. John Wieland Homes and Neighborhoods will submit a landscape plan that provides
adequate buffers as determined by the Community Development Department of the City
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January 21, 2003
5
of Smyrna to provide adequate buffers between Summer Place subdivision and the new
townhome development.
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The motion was seconded by Council Member Cramer. Council Member Wood stated that, in
response to citizen concerns expressed about traffic congestion in the subject area, he has been
discussing construction of a right turn lane at East - West Connector and Cooper Lake Road with
Cobb County officials. Council Member Wood stated the proposed construction is expected to be
ajoint effort between Cobb County and the City. Motion was approved 7 - O.
(D) Approval of Application for Annexation - Land Lot 538 - 11.92 Acre Tract - JPIC
Pebblebrook, LLC
Mr. Wright stated this annexation is connected with the rezoning approved in item C.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Wood made a motion to approve an application for annexation for
Land Lot 538 for an 11.92 acre tract for JPIC Pebblebrook, LLC, to become a part of Ward 7
of the City of Smyrna with an effective date of February 1,2003. The motion was seconded by
Council Member Cramer. Motion was approved 7 - O.
(E) Approval of Application for Annexation - Land Lot 539 - 3.92 Acre Tract - JPIC
Pebblebrook, LLC
Mayor Bacon stated this annexation is connected with the rezoning approved in item C.
...
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Wood made a motion to approve an application for annexation for
Land Lot 539 for a 3.92 acre tract for JPIC Pebblebrook, LLC, to become a part of Ward 7
of the City of Smyrna with an effective date of February 1,2003. The motion was seconded by
Council Member Cramer. Motion was approved 7 - O.
(F) Approval of Application for Annexation - Land Lot 400 - 40.58 Acre Tract-
Joseph B. Elliott
Mayor Bacon stated this annexation is connected with the rezoning approved in item C.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Wood made a motion to approve an application for annexation for
Land Lot 400 for a 40.58 acre tract for Joseph B. Elliott to become a part of Ward 7 of the City
of Smyrna with an effective date of February 1,2003. The motion was seconded by Council
Member Cramer. Motion was approved 7 - O.
(G) Approval of Application for Annexation - Land Lots 388, 389, 404, 405 - 1.696 Acre
Tract - New Cooper Lake LLC
Mayor Bacon stated this annexation will be tabled until the March 17,2003 Council meeting.
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January 21, 2003
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(H) Rezoning Request - Land Lots 620 and 677 - 4.5 Acre Tract - Residential Multi-Family
(RM-12) to General Commercial (GC) - Chris Logan
Mr. Wright stated the proposed use for the subject property is as a Home Depot landscape supply
store. Mr. Wright stated that PZB has approved the rezoning, and that staff supports the request
with a number of stipulations.
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Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Lnenicka recognized Mr. Chris Logan and Mr. Doug Kirby, an architect
representing the applicant and Home Depot. Council Member Lnenicka asked Mr. Logan to
provide details regarding the necessity of rezoning the subject property. Mr. Logan stated the
portion earmarked for rezoning is left over from the Post Valley Apartments. Mr. Logan stated
that most of the property to be used for the store is currently zoned GC. Council Member
Lnenicka asked Mr. Logan if the proposed facility can be built without rezoning the property, and
Mr. Logan answered no. Mr. Logan stated that constraints of the RM-12 zoning classification
would preclude the use that is being proposed. Council Member Lnenicka stated that the 22
stipulations attached to the requested rezoning will actually result in a GC-Conditional zoning,
which would be approved subject to the presented plan and the stipulations. Council Member
Lnenicka asked Mr. Logan ifhe will agree to abide by the stipulations. Mr. Logan expressed the
view that some of the written conditions are somewhat inconsistent with the plan. Council
Member Lnenicka stated that the GC zoning classification is the broadest commercial zoning
category in the Zoning Code. Council Member Lnenicka read the list of stipulations to those
present:
1. The following uses shall not be permitted on the subject parcel:
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. Automotive sales/repair
. Automobile wash service
. Boat sales and repairs
. Boarding and breeding kennels
. Dry cleaning plants
. Farm equipment sales and service - Outparcel only
. Massage parlor
. Mobile home and travel trailer sales
. Motorcycle sales and service
. Pawnshops
. Service stations
. Stations and terminals for bus and rail passenger service
. Taxi stands
. Theaters
. Art Shows, carnival rides and special events of community interest
. Automobile parts - wholesale
. Automobile leasing
. Bowling alley
. Drive-in restaurant
. Drive-in theater
. Linen and diaper serves (plant only)
. Printing plant -
Januarv 21. 2003 7
. Nail Salon
. Tattoo Parlor
- . Billiard Parlor
. Tanning Salon
. Skating Rink
. Game Arcade
. Gun Shop
. Target Range
2. The parking lot shall provide both landscape islands at the terminus of each row and one
landscape island after every 10th parking space. Each landscape island shall provide a
minimum green area of 5' in width and include a shade tree with a minimum caliper of 4".
3. The 5' buffer strip along South Cobb Drive, the E/W Connector and the internal road shall
contain one tree for every 35' with a minimum caliper of 4".
4. The parking lot lighting in the front and along the access drive shall be limited to
decorative lighting fixtures equivalent to the Georgia Power "Sternberg" style posts used in
downtown Smyrna. All on-site lighting shall utilize "full-cutoff' technology and shall not
exceed 20' in height.
5. The proposed sales racking in the front parking lot shall be relocated to the rear of the site
behind the proposed gate and solid wood fence. Tractor trailers shall only be permitted to
be parked in the portion of the site enclosed by the fence.
6.
Outside temporary sales and displays will only be located on the sidewalk in front of the
store that is adjacent to the building.
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7. Any necessary retention ponds for the development shall be placed and screened
appropriately to be unobtrusive outside and inside the development. The storm wqter
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.
8. The State DOT shall approval the proposed access points for South Cobb Drive and the
County DOT shall review connections to the E/W Connector. The City Engineer shall
review the locations of any proposed driveways as well.
9. The developer shall be responsible for all expenses required for access improvements
(including turn lanes) associated with the development on either the E/W Connector or
South Cobb Drive.
10. The internal connection between the E/W Connector and South Cobb Drive shall be
channelized to discourage cut-through traffic.
11. The proposed fence facing South Cobb Drive and the E/W Connector shall include brick
pillars or accents. Any wood fence shall at a minimum be constructed with pressure treated
pine and stained in a manner similar to the elevations provided with the rezoning
application. On the north side, brick pillars or accents may be deleted and will be provided
on the internal access drive.
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January 21. 2003
8
12. A row of Leyland Cypress Trees (or similar buffer tree) shall be provided within the 50'
landscape buffer to screen the property and outside storage area from the adjacent
residences.
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13. All utilities within the development shall be underground.
14. The developer will comply with the City's current tree ordinance and plans shall be
submitted to the city arborist for review and comment prior to construction.
15. No debris may be buried on any lot or common area.
16. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect or a degreed horticulturist.
17. A sidewalk shall be provided along the E/W Connector, internal drive and South Cobb
Drive. This sidewalk may be curvilinear wherever possible. A strip of brick pavers or
stamped concrete shall be installed at the entrances from the E/W Connector and South
Cobb Drive for a minimum distance of 30 feet.
18. A grass buffer with a minimum width of 5' shall be provided between the back of curb and
sidewalk whenever possible.
19. The on-site trash receptacle area shall be enclosed on three-sides with a masonry or brick
wall and be screened from view by vegetation.
20. Any future development on the outparcel site shall conform architecturally to the elevations
provided for the Home Depot Landscape facility.
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21. The developer shall connect to the City's existing water line, or agree to obtain their water
through a City meter if it is on some other government's or other agency's existing water
line, at the developer's expense.
Mr. Logan expressed concerns about a stipulation which would require landscape strips
separating head-to-head parking spaces, and Mr. Miller stated that, because the development
was not site plan specific at the time the stipulations were made, that stipulation will be
eliminated. Mr. Logan expressed concern about the stipulation requiring brick pillars or accents
on the side of the fence facing the street, and stated that the grade differential between the East-
West Connector and the finished floor of the store is at least 20' lower than the East-West
Connector, and that the subject fence will not be seen. Mr. Logan stated that he would like to
enhance the internal access driveway by putting the brick pillars on the inside. Mr. Logan stated
that putting pillars on the outside would be a significant added expense. Council Member
Lnenicka stated the subject stipulation will be amended by adding the following language: "On
the north side, brick pillars or accents may be deleted and will be provided on the internal access
drive." Mr. Logan expressed agreement to this change. Council Member Lnenicka stated the
addition of some sidewalks in the area should provide a safety benefit to pedestrians in the area.
Council Member Lnenicka asked Mr. Logan to provide some details about the proposed business
to those present. Mr. Logan stated the Home Depot landscape supply specialty store is a
relatively new concept. Mr. Logan stated these stores are similar to Pike's Nursery stores, and
are intended to target the home gardening market as well as professional landscapers. Mr. Logan
showed those present an illustration of what the proposed building will look like, and provided an
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January 21, 2003
9
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explanation of the building design features. Council Member Hawkins asked Mr. Logan what is
currently on the subject property, and Mr. Logan stated that trees and ravines currently cover the
subject property. Council Member Hawkins asked Mr. Logan how much of a tree line will be
left abutting the nearby residential property, and Mr. Logan stated there will be a 50' buffer with
some replanted trees. Council Member Newcomb asked Mr. Miller what trees will be preserved
at the subject location, and Mr. Miller stated the City's arborist will provide expert assistance in
reviewing the site plan and identifying trees to be preserved.
Council Member Lnenicka expressed appreciation to the nearby residents for their input at a
recent meeting regarding the proposed rezoning. Council Member Lnenicka expressed
appreciation to the Home Depot's team of architects for the work they have done on this project.
Council Member Lnenicka stated that changing the zoning of the subject property from RM-12 to
GC-Conditional is consistent with the objectives of the City's ongoing apartment moratorium.
Council Member Lnenicka stated that the GC-Conditional zoning, with its stipulations, should
help to provide a better overall result and provide some safeguards to the nearby residents.
MOTION: Council Member Lnenicka made a motion to approve a rezoning request for Land
Lots 620 and 677 for a 4.5 acre tract from Residential Multi-Family (RM-12) to General
Commercial (GC) - Conditional for Chris Logan subject to the 21 stipulations amended and read
into the record. The motion was seconded by Council Member Cramer. Motion was approved
7-0.
(I) Land Use Change Request - Land Lots 620 and 677 - 4.5 Acre Tract - Redevelopment to
Neighborhood Activity Center (NAC) - Chris Logan
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Mayor Bacon stated this land use change request is connected with the rezoning approved in item
H.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Lnenicka asked Mr. Logan when the proposed store will open, and Mr. Logan
stated the target date for opening is some time in the fall season of the current year.
MOTION: Council Member Lnenicka made a motion to approve a land use change request for
Land Lots 620 and 677 for a 4.5 acre tract from Redevelopment to Neighborhood Activity
Center (NAC) for Chris Logan. The motion was seconded by Council Member Wood. Motion
was approved 7 - O.
(J) Rezoning Request - Land Lot 664 - .40 Acre Tract - R-15 (SFR) to RAD Conditional -
Renee Perkins
Mr. Wright stated that the subject property is a single-family lot, and that the applicant has
requested that the subject property be rezoned to RAD Conditional so that it can be subdivided
into two lots. Mr. Wright stated that the applicant proposes to build two one-storey detached
single-family homes at the subject location. Mr. Wright stated that the houses will be at
least 1200 square feet in size each. Mr. Wright stated that the PZB has approved the rezoning
request, and that staff supports the request with a number of stipulations.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
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Council Member Scoggins recognized Ms. Renee Perkins, and asked Ms. Perkins to provide
January 21, 2003
10
details ofthe proposed project to those present. Ms. Perkins stated that she proposes to build two
one-storey detached single-family homes at the subject location. Ms. Perkins stated that, based
on staff recommendations, a driveway is planned between the two properties and garages are
planned for the rear of both structures. Council Member Scoggins expressed appreciation to Ms.
Perkins for her efforts to improve the subject area. Council Member Scoggins asked Mr. Miller
if is correct that that the houses on Bates Street have no garages, and Mr. Miller answered in the
affirmative. Mr. Miller stated the garages may help eliminate the need for external storage sheds.
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MOTION: Council Member Scoggins made a motion to approve a rezoning request for Land Lot
664 for a .40 acre tract from R-15 (SFR) to RAD Conditional for Renee Perkins with the
following stipulations:
1. The development will maintain the following setbacks: Front - 20', Side - 10' and Rear
-30'.
2. Each of the proposed lots will share a common drive connected to Bates Street and
include a detached garage with a minimum floor area of 400 s.f.
3. Each residence will be a minimum of 1,200 square feet in area and conform to the
architectural renderings provided with the application package.
4. There shall be protective covenants on all lots.
5. Any retention pond deemed necessary by the City Engineer shall be placed and screened
appropriately to be unobtrusive to homes inside and outside the development.
6. All utilities within the development shall be underground.
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7. The developer will comply with the City's current tree ordinance and plans shall be
submitted to the city for review and comment prior to construction.
8. The protective covenants shall be supplied to the City prior to the issuance of a building
permit.
9. No debris may be buried on any lot or common area.
10. Each lot shalI have the folIowing trees replanted per lot either: four 3" caliper trees or
two 2" caliper and two 4" caliper trees. The following species of trees may be used:
NuttalI Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species
may be used if approved by the City.
Council Member Scoggins asked Ms. Perkins if she agrees to the 10 stipulations, and Ms. Perkins
answered in the affirmative. The motion was seconded by Council Member Lnenicka. Motion
was approved 7 - O.
(K) Land Use Change Request - Land Lot 664 - .40 Acre Tract - Low Density Residential
(LDR) to Medium Density Residential (MDR) - Renee Perkins
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Scoggins made a motion to approve a land use change request for
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January 21. 2003
11
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Land Lot 664 for a .40 acre tract from Low Density Residential (LDR) to Medium Density
Residential (MDR) for Renee Perkins. The motion was seconded by Council Member Wood.
Motion was approved 7 - O.
(L) Tree Preservation Ordinance Amendment, Chapter 106, Article 2
Mr. Wright stated the purpose of the proposed amendments is to strengthen the Tree Ordinance.
Mr. Wright stated that the proposed changes include giving less credit for small trees in
calculating the minimum units per acre required, greater protection for specimen trees, requiring
the City arborist to review tree protection plans before zoning hearings, and establishing a
mandatory two year maintenance bond for the value of replacement trees. Mr. Wright stated that
staff supports approval of the amended Tree Ordinance.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Lnenicka stated the proposed changes include exemptions set forth in Sec. 106-
28, definitions listed in Sec.l 06-29, combinations of understory and overstory trees specified in
Sec. 106-31, tree protection plan requirements in Sec. 106-36, provisions for protection of
specimen trees from development in Sec. 106-39, provisions for protection of trees during
construction set forth in Sec. 1 06-40, provisions for fees in Sec. 106-48, tree maintenance
provisions set forth in Sec. 106-51, and a tree density calculation table set forth in Appendix A.
Council Member Lnenicka stated Mr. Wright has suggested the addition ofa Sec. 106-33.1,
Grading for Future Site Development Requirements. Council Member Lnenicka read proposed
Sec. 106-33.]:
...
Land disturbance activities for future site development shall not be permitted unless accompanied
by site development plans and all requirements of the Smyrna Tree Ordinance are met. Activities
associated with future development shall include (but not be limited to): tree cutting, land
clearing, grading and/or grubbing.
Council Member Lnenicka asked Mr. Miller for comments, and Mr. Miller stated the changes are
based on the Georgia Municipal Association's (GMA) standards. Mr. Miller stated that research
has been done comparing the proposed Tree Ordinance with those in other jurisdictions. Mr.
Miller stated staff feels that, in comparative terms, it is a stringent yet fair set of policies. Council
Member Lnenicka stated that the amended Tree Ordinance is not intended as an impediment to
development, but rather as a means to preserve specimen trees.
MOTION: Council Member Lnenicka made a motion to approve the Tree Preservation ordinance
amendment, Chapter 106, Article 2, and the motion was seconded by Council Member Hawkins.
Motion was approved 7 - O.
(M) Privilege License Request - Massage Practitioners - Chattel Bajan Day Spa -
3205 A South Cobb Drive - Antoinette D. Gibbs, Agent - New Application
Mr. Wright stated that inquiry by the City police department has disclosed no information which
would preclude issuance of the requested privilege license.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
-
Council Member Hawkins recognized Ms. Antoinette Gibbs, and asked Ms. Gibbs to provide to
those present some details regarding the type of business she wishes to operate. Ms. Gibbs stated
January 21. 2003
12
she has had a business license in Marietta for almost 15 years, and that she is a licensed massage
therapist. Ms. Gibbs stated she has specialized in stress management and pain relief. Ms. Gibbs
stated she plans to have clinical massage therapy available at Chattel Bajan Day Spa (CBDS) as
well as skin care and hydrotherapy. Council Member Hawkins asked Ms. Gibbs ifCBDS will
have conventional beautician services, such as tanning and manicures. Ms. Gibbs stated CBDS
will have natural care and treatment available for hands and feet, which will include manicures
and pedicures. Council Member Hawkins asked Ms. Gibbs if she has signed a lease for retail
space, and Ms. Gibbs answered in the affirmative. Council Member Hawkins asked Ms. Gibbs
how long the lease is, and Ms. Gibbs stated it is a two year lease. Council Member Hawkins
asked Ms. Gibbs if it is fair to say that CBDS will be a service business, and Ms. Gibbs answered
in the affirmative. Council Member Hawkins stated that Western Plaza Market (WPM) was
allowed to open for business with a special land use permit. Council Member Hawkins stated
that an application for a special land use permit must include specifics pertaining to the type of
business that will be conducted at the subject premises, and only those types of businesses
included in the applicant's justification statement can be allowed. Council Member Hawkins
asked Ms. Gibbs if she is aware of limits on the hours of operation at WPM, and Ms. Gibbs
answered in the affirmative. Council Member Hawkins stated that the specifications and
justification statement for the WPM include repeated references to tenants as "retailers," and
includes references to a food court and storage. Council Member Hawkins stated that there was
no information included in the WPM application to allow for a service type business. Council
Member Hawkins stated that the information submitted by the applicant for a special land use
permit specifies uses for retail sales, a food court, and storage. Council Member Hawkins stated
he is not certain that a business such as CBDS would be a qualified use under the conditions of
the special land use permit which was issued to WPM. Ms. Gibbs stated that CBDS will have
retail sales, including skin care and body care products. Mayor Bacon stated he recently saw the
space which Ms. Gibbs is renovating for CBDS, and commented favorably about it. Mayor
Bacon stated that when application was made for the special land use permit for WPM, which is
only valid for two years, the applicant made repeated references to retails sales uses, with no
mention of businesses comparable to CBDS. Council Member Cramer asked Ms. Gibbs if there
are other local establishments that offer a combination of massage services and retail sales of
related products, and Ms. Gibbs answered yes, and gave at least one example. Council Member
Lnenicka asked Ms. Gibbs where she would obtain her message therapy clients, and Ms. Gibbs
stated she has worked in the message therapy field for many years, and provided details of her
professional contacts. Mayor Bacon asked Mr. Cochran how WPM could offer two year leases
when the special land use permit must be renewed every two years, and Mr. Cochran suggested
WPM leases may be conditioned upon renewal of the special land use permit. Council Member
Hawkins stated he does not believe a massage practitioner's establishment fits with the conditions
of the special land use permit.
-
-
MOTION: Council Member Hawkins made a motion to deny the privilege license request for a
massage practitioner's license for Chattel Bajan Day Spa at 3205 A South Cobb Drive for
Antoinette D. Gibbs. The motion was seconded by Council Member Scoggins. Council Member
Newcomb stated he recently visited WPM and saw what appeared to be a hair styling salon at that
location. Council Member Hawkins stated that service type businesses should not be operating at
WPM, and that the conditions of the special land use permit are unique to the WPM location.
Council Member Hawkins stated that the special land use permit can not be compared to zonings
throughout the City. Mayor Bacon reiterated that when application was made for the special land
use permit for WPM, the applicant made repeated references to retails sales uses. Ms. Gibbs
expressed the view she was misled by City representatives into believing that the subject location
is suitably zoned for the type of business she is proposing. Council Member Hawkins stated the
special land use permit for WPM was issued with very specific conditions as to what types of
-
January 21, 2003
13
-
businesses can operate there. Council Member Hawkins stated that only chiropractors are exempt
from the requirement of a privilege license to provide therapeutic massage services. Ms. Gibbs
asked Council Member Hawkins if manicures and pedicures will also be excluded. Council
Member Hawkins stated that the line of related products previously alluded to can be sold at the
retail level at WPM. Council Member Hawkins reiterated that, in this instance, WPM is not
covered by regular zoning guidelines, but rather the specific conditions of a special land use
permit. Council Member Hawkins stated the special land use permit was required for the type of
operation that WPM is in order to have some regulation over what types of businesses can be
located there. Council Member Hawkins reiterated that WPM is limited to retail uses, a food
court, and storage. Ms. Gibbs stated she was unaware ofthe restrictions at WPM at the time she
applied for the license. Council Member Newcomb stated that he cannot support the motion, and
that the distinction between some retail businesses and service businesses is not clear. Council
Member Newcomb stated that he would like to postpone action on this matter until legal guidance
can be obtained. Ms. Gibbs stated that many day spa type businesses are located around Smyrna
in retail areas. Mayor Bacon asked Ms. Gibbs if leasing representatives of WPM indicated that a
massage and day spa operation would be a permitted use at the WPM facility, and Ms. Gibbs
answered yes. Ms. Gibbs stated she has already been issued a business license for a day spa by
the City. Council Member Cramer stated he cannot support the motion, and that there are many
day spas throughout the City which are operating illegally. Council Member Cramer stated the
applicant is a licensed massage therapist, and that she has a business license for a day spa. Mayor
Bacon stated it is evident that Ms. Gibbs is a licensed professional, and Ms. Gibbs provided
further information about her credentials. Council Member Hawkins reiterated that the special
land use permit was approved for WPM with very specific conditions, and stated he is surprised
that a hair care business is operating at WPM. Ms. Gibbs stated she had a license in Marietta for
many years without any problems. The motion to deny the privilege license request for a
massage practitioner's license for Chattel Bajan Day Spa at 3205 A South Cobb Drive for
Antoinette D. Gibbs did not pass, with Council Members Lnenicka, Newcomb, Cramer and
Pritchett in opposition.
-
MOTION: Council Member Newcomb made a motion to table the privilege license request for a
massage practitioner's license for Chattel Bajan Day Spa at 3205 A South Cobb Drive for
Antoinette D. Gibbs until the February 3,2003 Council meeting. The motion was seconded by
Council Member Cramer. Motion was approved 7 - O.
Council Member Lnenicka advised Ms. Gibbs to review her lease agreement with WPM to
determine if it contains language to the effect that she will not continue to be bound by the lease
in the event WPM's special land use permit is not renewed.
(N) Privilege License Request - Vehicle for Hire - Amigo Taxi Cab Service - 2650 B
South Cobb Drive - Teresa Zayas-Zayas, Agent - Change in Ownership
Mr. Wright stated that inquiry by the City police department has disclosed no information which
would preclude issuance of the requested privilege license.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
-
Council Member Cramer recognized Ms. Zayas-Zayas, and asked Ms. Zayas-Zayas if a vehicle
used by Amigo Taxi Cab Service (A TC), which was recently observed operating in a damaged
state, has been repaired, and Ms. Zayas-Zayas stated this was being attended to. Council Member
Cramer asked Ms. Zayas-Zayas if bilingual personnel will be on duty at the office of A TC, and
Ms. Zayas-Zayas answered in the affirmative. Council Member Cramer asked Ms. Zayas-Zayas
January 21, 2003
14
if she will be working at the office of A TC, and Ms. Zayas-Zayas answered in the affirmative.
Mayor Bacon asked Ms. Zayas-Zayas if the vehicles in the ATC fleet are in good working order.
Ms. Zayas-Zayas stated that all A TC vehicles are in good order except #75, which is undergoing
repairs. Mayor Bacon asked Ms. Zayas-Zayas if she understands that car repairs cannot be made
at the A TC office, and Ms. Zayas-Zayas answered in the affirmative. Council Member Lnenicka
advised Ms. Zayas-Zayas that the Council Members want a clean, safe taxi service to operate in
the City.
-
MOTION: Council Member Cramer made a motion to approve a privilege license request for
vehicle for hire for Amigo Taxi Cab Service at 2650 B South Cobb Drive for Teresa Zayas-
Zayas, Agent. The motion was seconded by Council Member Lnenicka. Motion was approved
7-0.
(0) Privilege License Request - Retail Pouring (Beer) - Brisa's Restaurant, Inc. -
1000 Windy Hill Road - Evangelina Rodriguez, Agent - Agent Change
Mr. Wright stated that inquiry by the City police department has disclosed no information which
would preclude issuance of the requested privilege license.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Hawkins recognized Ms. Evangelina Rodriguez and Ms. Sissy Santiagos
(phonetic). Council Member Hawkins asked Ms. Rodriguez if it is correct that she has been
employed as a manager at Brisa's since September of2002, and, with translation assistance from
Ms. Santiagos, Ms. Rodriguez answered in the affirmative. Council Member Hawkins asked Ms.
Rodriguez who is the owner of Brisa's, and, with translation assistance from Ms. Santiagos, Ms.
Rodriguez answered she (Rodriguez) is the owner. Council Member Hawkins asked Ms.
Rodriguez if she will be on the premises during hours of operation, and Ms. Rodriguez answered
in the affirmative. Council Member Hawkins asked Ms. Rodriguez if she is familiar with the
City's alcoholic beverage ordinance, and, with translation assistance from Ms. Santiagos, Ms.
Rodriguez answered in the affirmative. Council Member Hawkins asked Ms. Rodriguez if she
understands the requirements for the licensing of servers, including fingerprinting requirements,
and, with translation assistance from Ms. Santiagos, Ms. Rodriguez answered in the affirmative.
Council Member Hawkins asked Ms. Rodriguez if she understands the process of requiring
appropriate identification from customers before serving any alcoholic beverages, and Ms.
Rodriguez answered in the affirmative.
-
MOTION: Council Member Hawkins made a motion to approve a privilege license request for
retail pouring (beer) for Brisa's Restaurant, Inc., 1000 Windy Hill Road for Evangelina
Rodriguez, Agent. The motion was seconded by Council Member Scoggins. Motion was
approved 7 - O.
(P) Privilege License Request - Retail Package Sales (Beer, Wine & Liquor) - Dae Kwang,
Inc., DBA Oasis Package Store - 3181 South Cobb Drive - Hong Sun Yi, Agent - Agent
and Ownership Change
Mr. Wright stated that inquiry by the City police department has disclosed no information which
would preclude issuance ofthe requested privilege license.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
-
January 21, 2003
15
-
Council Member Hawkins recognized Mr. Hong Sun Yi, asked Mr. Hong if it is correct that Mr.
Hong has been the manager at Oasis Package Store (OPS) since 1977, and Mr. Hong answered in
the affirmative. Council Member Hawkins asked Mr. Hong ifhe is buying this business, and Mr.
Hong answered in the affirmative. Council Member Hawkins asked Mr. Hong ifhe will be
working on the premises, and Mr. Hong answered in the affirmative. Council Member Hawkins
asked Mr. Hong ifhe is familiar with the City's alcoholic beverage ordinance and State
regulations, and Mr. Hong answered in the affirmative. Council Member Hawkins asked Mr.
Hong ifhe is familiar with the process of requiring appropriate identification from customers
before selling any alcoholic beverages, and Mr. Hong answered yes. Council Member Hawkins
reiterated that inquiry by the City police department has disclosed no information which would
preclude issuance of the requested privilege license.
MOTION: Council Member Hawkins made a motion to approve a privilege license request, and
agent and ownership change, for retail package sales (beer, wine and liquor) for Dae Kwang, Inc.,
DBA Oasis Package Store at 3181 South Cobb Drive for Hong Sun Yi, Agent. The motion was
seconded by Council Member Cramer. Motion was approved 6 - O. (Clerk's Note: Council
Member Wood was not present at the time of the vote).
(Q) Privilege License Request - Retail Pouring (Beer, Wine & Liquor) - Apple Restaurants,
Inc., DBA Applebee's Neighborhood Grill and Bar - 2728 Spring Road - Brian J. Keiser,
Agent - Agent Change
Mr. Wright stated that inquiry by the City police department has disclosed no information which
would preclude issuance of the requested privilege license.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
-
Council Member Pritchett recognized Mr. Brian Keiser, and asked Mr. Keiser if the application is
for an agent change, and Mr. Keiser answered in the affirmative. Council Member Pritchett
asked Mr. Keiser ifhe is familiar with the undercover inquiries made to check for compliance
with alcohol sales regulations, and Mr. Keiser answered in the affirmative. Council Member
Pritchett asked Mr. Keiser to provide details to those present about the policies and procedures at
Applebee's Neighborhood Grill and Bar (AGB) for ensuring compliance with alcoholic beverage
sales regulations. Mr. Keiser stated the AGB servers undergo training in the area of responsible
sale of alcoholic beverages. Mr. Keiser stated that AGB servers are required to request
appropriate identification from customers who are not obviously at least thirty years of age. Mr.
Keiser stated that AGB servers are required to sign a statement acknowledging that they under-
stand the laws and regulations pertinent to alcohol sales. Mr. Keiser stated that AGB servers are
advised that failure to comply with alcoholic beverage sales regulations will result in termination
of employment. Council Member Pritchett asked Mr. Keiser ifhe has served as an agent before,
and Mr. Keiser answered no. Council Member Pritchett asked Mr. Keiser what hours he will be
on the premises at AGB, and Mr. Keiser stated he will be at that location two or three days a
week at various hours. Council Member Pritchett asked Mr. Keiser who will be the responsible
person on the premises at AGB when he is not there, and Mr. Keiser stated a general manager
will be on duty at AGB during business hours.
MOTION: Council Member Pritchett a motion to approve a privilege license request for retail
pouring (beer, wine and liquor) for Apple Restaurants, Inc., DBA Applebee's Neighborhood Grill
and Bar at 2728 Spring Road for Brian J. Keiser, Agent. The motion was seconded by Council
Member Lnenicka. Motion was approved 7 - O.
-
January 21, 2003
16
FORMAL BUSINESS:
(A)
Validation of Application for Annexation - Land Lot 490 - 0.562 Acre Tract-
Allan Khalife
-
Mr. Wright stated the subject property is presently zoned GC in Cobb County and, if annexed, the
use is expected to remain unchanged. Mr. Wright stated the City Engineer has reviewed the
submitted legal description with satisfactory results.
The legal description of the subject property is as follows:
All that tract or parcel of land lying and being in Land Lot 490 of the 17th District, 2nd Section of
Cobb County, Georgia, containing 0.562 Acres (24,490 square feet) and being more particularly
described as follows:
Beginning at the northeast intersection of Dixie Avenue and Belmont A venue, and running thence
North 10 degrees 36 minutes 51 seconds West along the east right-of-way of Dixie Avenue a
distance 77.15 feet to an iron pin; thence continue running North 09 degrees 19 minutes 16
seconds West along the east right-of-way of Dixie Avenue a distance of63.90 feet to an iron pin
and the northwest property corner; thence running North 71 degrees 05 minutes 56 seconds East a
distance of 164.10 feet to an iron pin and the northeast property corner; thence running South 03
degrees 10 minutes 44 seconds East a distance of 169.92 feet to an iron pin and the north right -of-
way of Belmont Avenue; thence running South 73 degrees 48 minutes 49 seconds West along the
north right-of-way of Belmont Avenue a distance of 124.25 feet to an iron pin; thence running
North 60 degrees 45 minutes 09 seconds West along a right-of-way chamfer a distance of23.79
feet to an iron pin and the point of the beginning.
...
MOTION: Council Member Scoggins made a motion to approve the validation of application for
annexation for Land Lot 490 for a 0.562 acre tract for Allan Khalife with a public hearing date set
for February 17,2003. The motion was seconded by Council Member Cramer. Motion was
approved 7 - O.
(B) Approval to Fix and Advertise Qualification Fees for the 2003 City General Election
Mr. Wright stated that State law requires the election qualification fee to be 3 percent of the total
gross salary of the office paid in the preceding calendar year. Mr. Wright stated that the
qualification fee for the office of mayor will be $441, and the fee for council member posts will
be $333.
MOTION: Council Member Wood made a motion to approve the fixing and advertisement
of qualification fees for the 2003 City General Election. The motion was seconded by Council
Member Lnenicka. Motion was approved 7 - O.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A)
Approval of January 6, 2003 minutes.
...
January 21. 2003
17
(B) Approval to Use Council Chambers for a Ward 6 Neighborhood Meeting on January 15,
2003, from 6:30 p.m. - 9:30 p.m.
-
(C) Approval to Use Council Chambers for a Sandtown Village Development Group Meeting
on January 9, 2003 from 7:30 p.m. to 9:30 p.m.
(D) Award of Bid # 3-021 for a Digital Voice Recorder System for the Police Department
The Purchasing Department solicited bids for a new digital recorder. Six companies
submitted bids ranging from $34,835 to $90,729.40. The lowest bidding purveyor did
not meet bid specifications. Purchasing recommends award of bid to Voice Print
International, the lowest bidder to meet specifications, in the amount of $42,776
(E) Approval to Authorize the Mayor to Sign a Contract with WiIlmer Engineering for
Groundwater Monitoring
The City has received a proposal for the installation of three monitoring wells in the
Market Village area. Their scope of services would include drilling the wells, sampling
the groundwater, and reporting this information to the Environmental Protection
Division. The proposal is based on hourly rates with an estimated budget of $12,000.
The City Engineer has reviewed this proposal and recommends approval.
(F) Approval to Lift Outdoor Water Use Restrictions
The Georgia Department of Natural Resources has distributed an official communication
dated January 14, 2003 announcing the removal of the statewide outdoor water use
restrictions. The letter states that rainfall over the last several months has brought water
supplies to levels sufficient enough to warrant a lifting of the restrictions.
-
MOTION: Council Member Wood made a motion to approve the consent agenda. The motion
was seconded by Council Member Lnenicka. Motion was approved 7 - O.
COMMITTEE REPORTS:
Council Member Pritchett recognized Mr. Ciaccio, who reported that final interviews are being
conducted for the vacant position of Parks Superintendent. Council Member Pritchett thanked
Mr. Ciaccio for his work on the Comprehensive Master Plan for the Parks and Recreation
Department.
Council Member Pritchett recognized Mr. Seigler, who reported that City Library use statistics
continue to trend upward. Mr. Seigler provided specific details of attendance and utilization.
Mr. Seigler provided details of an upcoming income tax information program, in English and
Spanish, which will be held at the City Library. Council Member Pritchett commended Mr.
Seigler for his efforts, and cited the statistics as evidence of the quality of City Library operations.
Council Member Pritchett recognized Ms. Bennett, who had no report.
Council Member Newcomb stated Mr. Corey has no report. Council Member Newcomb yielded
the floor with no report.
Council Member Scoggins recognized Chief Hook and Chief Williams, who had no reports.
Council Member Scoggins yielded the floor with no report.
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January 21, 2003
18
Council Member Hawkins recognized Ms. Hiott, who provided additional details concerning the
matter of election qualification fees. Ms. Hiott stated that the advertisement of fees will be done
no later than February 1, but the actual qualification period will be in September. Ms. Hiott
stated that the qualification dates will be announced at a Council meeting in August. Ms. Hiott
stated that information regarding the qualification process will be posted on the City's website.
-
Council Member Hawkins provided details of an important arrest of a burglary suspect which was
made recently in Ward 4. Council Member Hawkins commended Mr. Howard Martin for his
alertness in connection with observing this suspect.
Council Member Cramer recognized Ms. Kirk, who provided details of current and upcoming
Keep Smyrna Beautiful (KSB) activities. Council Member Cramer asked Ms. Kirk to describe
the results of the recent "Bring One for the Chipper" event, and Ms. Kirk stated that some 800
Christmas trees were dropped off for recycling. Council Member Hawkins asked Ms. Kirk to
describe contingency plans for KSB functions in the event of inclement weather, and Ms. Kirk
stated that if it is very cold, participants can turn out later in the day when the weather can be
expected to be somewhat warmer.
Council Member Cramer recognized Mr. Hildebrandt, who stated he recently received a report
from the Georgia Soil and Water Conservation Commission (GSWCC) concerning a site visit
some time ago during which the City's soil erosion control program was evaluated. Mr.
Hildebrandt stated GSWCC rated the City's program as "good," which Mr. Hildebrandt believes
is a favorable comparison with other municipalities in Cobb County. Mr. Hildebrandt
commended Marty Peace for efforts in making the City's soil erosion control program a success.
Council Member Cramer recognized Mr. Stokes, who had no report.
-
Council Member Cramer stated he has received contacts from citizens who are expressing
opposition to proposals by State officials to reduce the homestead exemption on property to help
offset the current State budget deficit. Council Member Cramer stated the Mayor and Council
may send a letter to State legislators to communicate to them the opposition of the City's elected
officials to any such reduction in homestead exemptions.
Council Member Lnenicka recognized Mr. Chris Miller, who provided current building permit
statistics to those present. Mr. Miller provided details of the motion picture production currently
under way at the Brawner facility premises.
Council Member Wood stated Ms. Edgar has no report. Council Member Wood yielded the floor
with no report
CITIZENS INPUT:
There was none.
ADJOURNMENT:
With no further business, the meeting was adjourned at 10:08 p.m.
-
January 21, 2003
-
R~
A. MAX BACON, MAYOR
-
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-
19
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( ~/Yt --1U - \16:. . -- '\
-SUS N D. HIOTT, CITY CLERK ~
~~~~
RON NEWCOMB, WARD 2
O~/l1.~
~AMES M. HA INS, WARD 4
N~
WADE S. LNENICKA, WARD 6
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
-
Ordinance Number
Land Lot 538
Acres 11.92
2003-1
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, ofthe
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of at least 60 percent of the land and 60 percent of the resident
electors 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 January 21, 2003 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.
SO ORDAINED by the City Council of the City of Smyrna, this 21 st
January, 2003.
day of
~~/--
A. Max Bacon, Mayor
~~1J.Y~
Su 'an D. Hiott, City Clerk
City of Smyrna
-
Scott A. Coc ran, City Attorney
City of Smyrna
2003-1
...
Exhibit A
All that tract or parcel ofland lying and being in Land Lot 538 of the 1 ih District, 2nd Section,
Cobb County, Georgia, and being 11.92 acres as shown on that certain survey for Whitefield
Academy, dated August 5, 2002, prepared by Gaskins Surveying & Engineering Company,
George F. McLaughlin, 1II, Georgia Registered Land Surveyor No. 2745, and being more
particularly described as follows:
~
Beginning at a 1" open top pipe found at the common corner of Land Lots 538,539,542, and 543,
said district and section; thence running north 88 degrees 14 minutes 21 seconds west as
measured along the southerly land lot line of land Lot 538, said district and section for a distance
of 519.00 feet to a #4 rebar and corner; thence running north 01 degrees 02 minutes 05 seconds
east for a distance of 209.07 feet to a #4 rebar found and corner; thence running north 81 degrees
16 minutes 41 seconds west for a distance of 12.80 feet to a #5 rebar found and corner;
thence running north 01 degrees 47 minutes 09 seconds east for a distance of 773.82 feet to a #4
rebar and corner; thence running south 89 degrees 48 minutes 58 seconds east for a distance of
518.33 feet to a #4 rebar and corner located on the easterly land lot line of Land Lot 538, said
district and section; thence running south 00 degrees 48 minutes 34 seconds west as measured
along the easterly land lot line of Land Lot 538, said district and section, for a distance of 790.00
feet to a #4 rebar found; thence running south 0 I degrees 00 minutes 06 seconds west as
measured along the easterly land lot line of Land Lot 538, said district and section, for a distance
of208.81 feet to the point of beginning.
Together with rights of Grantor under that certain 20 foot ingress/egress easement recorded in
Deed Book 2939, Page 463, Records of Cobb County, Georgia.
I...
L-.
---
~
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
-
Ordinance Number
Land Lot 539
Acres 3.92
2003-2
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 at least 60 percent of the land and 60 percent of the resident
electors 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 January 21, 2003 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 ofthe area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
-
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City ofs:yrn~~ day of
January, 2003. / ~;::/_
A. Max Bacon, Mayor
~ .
Q~h1-a/YLJD. ViuJli;--.
Susan D. Hiott, City Clerk
City of Smyrna
-
2003-2
-
Exhibit A
All that tract or parcel of land lying and being in Land Lot 539 of the 17th District, 2nd Section,
Cobb County, Georgia, and being 3.92 acres as shown on that certain survey for Whitefield
Academy, dated May 7, 2002, prepared by Gaskins Surveying & Engineering Company, bearing
the seals of Christopher A. Evans, Georgia Registered Land Surveyor No. 2784 and George F.
McLaughlin, 111, Georgia Registered Land Surveyor No. 2745, and being more particularly
described as follows:
....
Beginning at a I" open top pipe found at the common corner of Land Lots 538,539,542, and 543,
said district and section; thence running south 01 degrees 55 minutes 51 seconds west as
measured along the easterly land lot line of Land Lot 539, said district and section, for a distance
of 168.98 feet to a 1" open top pipe found and corner on the northwesterly right-of -way of
Pebblebrook Road (having a 50 foot right-of-way); thence running in a southwesterly direction as
measured along the northwesterly right-of-way of Pebblebrook Road the following courses and
distances: along the arc of a curve, an arc distance of 108.59 feet (said arc being subtended by a
chord bearing south 62 degrees 43 minutes 40 seconds west, a chord distance of 108.50 feet, and
having a radius of 798.89 feet) to a point; south 58 degrees 50 minutes 02 seconds west for a
distance of 274.45 feet to a point; along the arc of a curve, an arc distance of 129.30 feet (said arc
being subtended by a chord bearing south 61 degrees 50 minutes west, a chord distance of 129.24
feet, and having a radius of 1,234.88 feet) to a #4 rebar found and corner; thence running north 39
degrees 57 minutes 57 seconds west for a distance of 271.0 1 feet to a #4 rebar and corner; thence
running north 38 degrees 59 minutes 45 seconds east for a distance of228.33 feet to a #4 rebar;
thence running north 53 degrees 51 minutes 56 seconds east for a distance of 83.43 feet to a #4
rebar; thence running north 53 degrees 51 minutes 56 seconds east for a distance of 83.43 feet to
a #4 rebar and corner located on the northerly land lot line of Land Lot 539, said district and
section; thence running south 88 degrees 14 minutes 21 seconds east as measured along the
northerly land lot line of Land Lot 539, said district and section, for a distance of 414.12 feet to
the point of beginning.
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,.
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
-
Ordinance Number
Land Lot 400
Acres 40.58
2003-3
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 at least 60 percent ofthe land and 60 percent of the resident
electors 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 January 21, 2003 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 21st day of
Ja"ual)',2003. / ~
A. Max Bacon, Mayor
) '
~/}1J 0 . yjd;/j) -
Susan D. Hiott, City Clerk
City of Smyrna
-
Sco A. Cochran, City Attorney
City of Smyrna
ORDINANCE 2003-3
-
EXHIBIT "A"
All that tract or parcel ofland lying and being Land Lot 400 of the 1 ih District, 2nd
Section, Cobb County, Georgia, and being more particularly described as follows:
Beginning at the southwesterly comer of Land Lot 400
Thence along the westerly line of said land lot
North 01 Degress 15 Minutes 59 Seconds east, 299.62 feet to a point;
Thence continuing along said westerly Land Lot line
North 01 Degrees 22 Minutes 04 Seconds east, 1100.14 feet to a point
Said point being the northwesterly comer of Land Lot 400
Thence along the northerly line of said land lot
South 88 Degrees 14 Minutes 42 Seconds east, 1188.12 feet to a point,
Said point being the northeasterly comer of Land Lot 400
Thence along the easterly line of said Land Lot
South 00 Degrees 12 Minutes 58 Seconds east, 1527.47 feet to a point
Said point being the southeasterly corner of Land Lot 400
Thence along the southerly line of said Land Lot
North 82 Degrees 21 Minutes 36 Seconds west, 1237.19 feet to a point;
Said point being the point of beginning.
..
Said tract or parcel ofland contains 40.58 acres.
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'to
ORDINANCE No. 2003-8
~
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE
CODE OF ORDINANCES, CHAPTER 106 - VEGETATION, ARTICLE II, CITY OF
SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTIONS 106-26, 106-27, 106-
28, 106-29, 106-30, 106-41, 106-42, 106-43, 106-44 AND 106-45 OF SAID CODE, AND BY
ADDING SECTIONS 106-31, 106-32, 106-33, 106-33.1, 106-34, 106-35, 106-36, 106-37,
106-38, 106-39, 106-40, 106-47, 106-48, 106-49, 106-50 AND 106-51 TO SAID CODE,
AND BY ADDING APPENDIX A AND APPENDIX B TO SAID CODE, AND BY
REMOVING SECTIONS 106-56, 106-57, 106-58, 106-59, 106-60, 106-61, 106-62 AND
106-63 IN THEIR ENTIRETY FROM SAID CODE, PROVIDING SUFFICIENT
REGULATIONS AND PROCEDURES TO ENSURE THE PRESERVATION OF
OLDER GROWTH SPECIMEN TREES AND OTHER BENEFICIAL VEGETATION,
AND TO PROVIDE GUIDELINES FOR TREE DENSITY CALCULATION AND A
TREE SPECIES SELECTION LIST
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
""
I
That Chapter 106, Article II, of the Code of Ordinances of the City of Smyrna,
Georgia, be amended so that such Chapter shall read as follows:
Section 1 06-26 Purpose and Intent
~ The intention of this section is to promote the preservation of trees as part of the land development and
construction process and to promote the preservation of trees on residential properties. This section shall be
known and may be cited as "The Smyrna Tree Ordinance".
Trees are recognized for their importance in shading, cooling, noise and wind reduction, soil erosion prevention,
oxygen production, dust filtration, carbon dioxide absorption, and aesthetic and economic enhancement of all
real property. Their contribution to the general well being and quality of life for the citizens of Smyrna is
recognized and valued. Therefore:
The City deems it necessary and desirable in the interest of public health, safety and welfare to enact an
ordinance for the preservation, planting and replacement of trees and to prevent the indiscriminate removal of
trees and reduction of canopy cover within the City.
The purpose of this ordinance is to:
( I ) Provide standards for the preservation of trees as part of the land development process;
(2) Prevent massive grading of land, both developed and undeveloped, without provision for replacement of
trees; and
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Ordinance 2003-8
(3) Protect trees during construction whenever possible in order to enhance the quality of life within the City of
Smyrna.
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Section 106-27 Applicability
~ (1) The terms and provisions of The Tree Protection Ordinance and these standards shall apply to any activity
which requires the issuance of a development permit. No development permit or grading permit shall be issued
until it is determined that the proposed development is in conformance with the provisions of the Ordinance.
(2) No person shall remove, cause to be removed, poison, damage, trim or transplant any tree with a trunk
diameter of six (6) inches or more at breast height without first obtaining a permit, as herein provided.
Section 106-28 Exemptions
(1) The following shall be exempt from the provisions of this Ordinance:
(a) The removal of trees, other than specimen trees, from an owner occupied, single family or duplex lot ofless
than two acres in size.
(b) The removal of trees from horticultural properties such as farms, nurseries or orchards. This exception shall
not be interpreted to include timber harvesting incidental to development of the land.
(c) The necessary removal of trees by a utility company within dedicated utility easements.
(d) The removal of trees on public rights-of-way conducted by, on behalf of, or for any activity to be dedicated
to a federal, state, county, municipal or other government agency in pursuit of its lawful activities or functions in
the construction or improvement of public rights of way.
(e) The removal of trees, other than specimen trees, from detention ponds and drainage easements and other
~ publicly dedicated easements.
(f) The removal of any tree which has become or threatens to become a danger to human life or property.
(g) The removal of trees from public recreation areas such as playgrounds, ballfields, golf courses and other
such uses.
(2) Notwithstanding the foregoing, all reasonable efforts shall be made to save specimen trees.
Section 106-29 Definitions
For purposes of this Ordinance, the following definitions shall apply:
(1) Arborist - The Community Development Director or hislher designee responsible for administering the
provisions of this Ordinance.
(2) Basal Area - The cross-sectional area of a tree trunk at diameter breast height (dbh) expressed herein in
terms of "units" per acre.
(3) Buffer _ A landscaped open space area and/or screen for buffering incompatible uses, as defined in Section
503.
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Ordinance 2003-8
(4) Buildable area - The portion of a lot which is not located within any minimum required yard, landscape
strip/area or buffer; that portion of a lot wherein a building or structure may be located.
,
(5) Caliper - A forest standard of tree trunk measurement for replacement trees. Caliper of the trunk shall be
taken at six (6) inches above the ground for trees up to and including four (4) inch caliper size, and twelve (12)
'-" inches above the ground for trees larger than four (4) inch caliper.
(6) Critical Root Zone - (CRZ) - The minimum area beneath a tree which must be left undisturbed in order to
preserve a sufficient root mass to give a tree a reasonable chance of survival. The CRZ will typically be
represented by a concentric circle centering on the tree's trunk with a radius equal in feet to one and one-half
(1.5) times the number of inches of the trunk diameter. EXAMPLE: The CRZ radius of a twenty (20) inch
diameter tree is thirty (30) feet.
(7) dbh (Diameter breast height) - The standard measure of tree size for those trees existing on a site that have a
caliper of at least two inches at a height of four and one-half (4.5) feet above the ground. If a tree splits into
multiple trunks below four and one-half (4.5) feet, then the trunk is measured at its most narrow point beneath
the split.
(8) Density factor - A unit of measure used to prescribe the calculated tree coverage on a site. Site density factor
for areas within the corporate limits of the City of Smyrna is twenty (20) units per acre. (See Density Factor
Analysis, The Smyrna Tree Ordinance - Appendix A).
(9) Development Activity - Any alteration of the natural environment which requires the approval of a
development or site plan and issuance of a development permit. Development Activity shall also include the
"thinning" or removal of trees from any undeveloped land, including that carried out in conjunction with a forest
management program, and the removal of trees incidental to the development of land or to the marketing of land
~. for development.
(10) Development permit - An official authorization issued by the Community Development Director or his/her
'-" designee.
(11) Hardwood Tree - Any leaf bearing (not needle-bearing) tree that is not coniferous (cone bearing). This
definition is based on the colloquialism, and does not reflect any true qualities of the tree.
(12) Overstory Trees - Those trees that compose the top layer or canopy of vegetation and will generally reach a
mature height of greater than forty (40) feet.
(13) Reasonable Effort - Includes, but not be limited to, alteration of building design; alternate location of
building, parking area, water retention drainage pipes; or relocation of utilities in an effort to preserve specimen
trees.
(13) Revegetation - The replacement of trees and landscape materials into the minimum required landscape
areas, as determined by the Zoning Code, conditions of zoning approval, or the provisions of this Ordinance.
(14) Softwood Trees - Any coniferous (cone bearing) tree, such as pine, fir, hemlock, cedar, etc. This definition
is based on the colloquialism, and does not necessarily reflect any true qualities of the tree.
(15) Specimen Tree or Stand - Any tree or collective group of trees which qualifies for special consideration for
preservation due to size, type and condition. See Section 160-30 for general criteria regarding specimen trees or
stands.
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Ordinance 2003-8
(16) Tree _ Any self-supporting, woody perennial plant usually having a single trunk.
~
(17) Tree Bank _ An account, maintained by the Finance Department of the City of Smyrna, of funds contributed
from developers as a form of alternative compliance to The Smyrna Tree Ordinance. Funds from the Tree Bank
are to be used solely for the purchase and planting of trees on public sites within the City of Smyrna as
authorized by the Community Development Director.
,...
(18) Tree Removal Permit - A formal letter or permit issued by the Community Development Director allowing
for the removal of said tree(s) on a property.
(19) Tree Protection Zone - All lands that fall outside the buildable area of a parcel required to remain in open
space, or all areas required as landscaping strips or buffers according to the Smyrna Zoning Code, conditions of
zoning approval or provisions ofthis Ordinance.
(20) Tree Save Area - An area designated for the purpose of meeting tree density requirements, saving existing
trees, preserving the root system of existing trees and/or preserving existing buffers.
(21) Tree Species Selection List - The recommended species of trees in The Smyrna Tree Ordinance - Appendix
B.
(22) Understory Tree - Those trees that grow beneath the overstory, and will generally reach a mature height of
under forty (40) feet.
(23) All other items - All other words or phrases as appropriate to the context of their uses shall be interpreted as
defined in the Zoning Ordinance of the City of Smyrna, Georgia.
"'. Section 1 06-30 General Criteria For The Determination Of Specimen
Trees Or Stands Of Trees
,... ()) Specimen tree:
(a) Any tree in fair or better condition which equals or exceeds the following diameter sizes:
i. 24" dbh - Large hardwoods such as oaks, hickories, yellow poplars, sweetgums, etc.
ii. 30" dbh - Large softwoods such as pines, deodar cedars, etc.
iii. 4" dbh - Small trees such as dogwoods, redbuds, sourwoods, etc.
b. A tree in fair or better condition must meet the following minimum standards:
i. A life expectancy of greater than 15 years.
ii. A structurally sound trunk, not hollow and having no extensive decay, and less than twenty (20) percent
radial trunk dieback.
iii. No more than one major and several minor dead limbs (hardwoods only).
iv. No major insect or pathological problem.
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Ordinance 2003-8
c. A lesser sized tree can be considered a specimen tree if it is a rare or unusual species, of exceptional or unique
quality, or of historical significance.
.~
\<
'-"
d. A lesser size tree can be considered a specimen tree if it is specifically used by a builder, developer, or design
professional as a focal point in a landscape project.
2. Specimen tree stands - A contiguous grouping of trees which has been determined to be of high value in the
opinion of the Arborist. Determination is based upon the following criteria:
a. A relatively mature, even-aged stand.
b. A stand with purity of species composition or of a rare or unusual nature.
c. A stand of historical significance.
d. A stand with exceptional aesthetic quality.
Section 106-31 Minimum Tree Density Requirements
(1) A basic condition of The Smyrna Tree Ordinance is that all applicable sites maintain a minimum tree density
of twenty (20) units per acre. The term "unit" is an expression of basal area, and is not synonymous with "tree".
The density requirement must be met whether or not a site had trees prior to development for the issuance of a
development permit.
Notwithstanding any other provisions of this ordinance, all trees designated for replacement meeting the
definition of specimen trees shall be replaced on an inch-for-inch basis. All trees used to replace specimen trees
shall have a minimum caliper of 4".
The density may be achieved by counting existing trees to be preserved, by planting new trees according to the
~ minimum standards in this Ordinance or by a combination of the two.
Minimum tree density shall be calculated and established pursuant to the formula and analysis set forth in
Appendix A to this Ordinance. The property owner shall be subject to the minimum tree density requirement set
forth in this Section. The property owner shall base the density calculation on the net site area, excluding the
infrastructure improvements (roads, utility lines, detention ponds, etc.) and buffer zones. In no event shall a
parking lot be considered an infrastructure improvement.
(2) All single-family and/or duplex residential lots shall provide the following at time of certificate of
occupancy: either four 3" caliper trees or two 2" caliper and two 4" caliper trees. 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.
(3) Trees replanted to achieve density requirements are to be selected species from the Tree Species Selection
List found in Appendix B.
In addition, replanting shall be at the ratio of not less than one (1) overstory tree for every three (3) understory
trees. Density credit may be met by planting all overstory trees, but not by planting only understory trees.
No more than forty (40) percent of anyone genus may be included in any replanting plan. Exceptions to this
requirement may be authorized by the Arborist where in his opinion an exception is justified.
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Ordinance 2003-8
Refer to Table 2, The Smyrna Tree Ordinance - Appendix A, for minimum size requirements for replacement
trees.
(4) Notwithstanding the foregoing, it is required that all reasonable efforts be made to save specimen trees.
Reasonable efforts shall include, but not be limited to, alteration of building design; alternate location of
-.,. building, parking area, water retention, drainage pipes; or relocation of utilities.
Section 106-32 Alternative Compliance To Tree Density Requirements
(1) The intent of this Ordinance is to ensure that a minimum density of trees is maintained on all developed
sites. Occasionally, this intent cannot be met because a site will not bear the required density of trees. To
provide some alternatives in such case, two methods of compliance, at the discretion of the City Arborist, may
be acceptable:
Planting at a location remote from the project site or Contributing to the City of Smyrna Tree Bank.
(2) The following standards have been established for administering these alternative compliance methods. The
Arborist must review and approve all requests for alternative compliance. In no instance shall one hundred (100)
percent of the required site density be met through alternative compliance. As many trees as can reasonably be
expected to survive must be planted on the site in question.
(3) No development permit shall be issued until the Community Development Director has approved the request
and received the necessary documentation and/or funds. If trees are to be planted at another location, a Tree
Replacement Plan, meeting all applicable standards, must be reviewed and approved. The following note must
be shown on the approved plan:
, "A tree replacement plan addendum for this project shall be submitted to the Arborist for the City of Smyrna at
least thirty (30) days prior to requesting a final inspection. This plan shall include the species, size and location
of trees to be planted off-site to meet the tree density deficit shown. Release of this project is subject to approval
-.,. of this plan, as well as verification ofthe installation of the trees."
(4) Smyrna Tree Bank. As another method of alternative compliance, the City of Smyrna will accept donations
to the Smyrna Tree Bank. These donations will be used for the sole purpose of planting trees on public property
within the City of Smyrna (See Section 106-50).
(5) Fund administration. The City of Smyrna Tree Bank will be administered by the Community Development
Director. A quarterly report shall be submitted to the City Administrator showing amounts collected, amounts
spent, and the type and location of trees planted.
Section 106-33 Application Requirements
When a person applies for a development permit, such person shall also file an application for a tree removal
permit providing the following information:
(1) A complete Tree Survey and Inventory Plan, as specified in Section 106-34.
(2) A complete Tree Protection Plan, as specified in Section 106-36. This plan
shall be an integrated site plan showing specimen trees, the tree protection
areas, those trees to be saved and those to be removed, utilities to be installed,
grading, the approximate location of all structures, driveways and curb cuts,
proposed tree planting and other landscaping.
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Ordinance 2003-8
(3) A complete Tree Replacement Plan as specified in Section 106-37. Replacement trees used in density
calculation must be ecologically compatible with the
intended growing site. A list of acceptable replacement trees is provided in
The Smyrna Tree Ordinance - Appendix B, Tree Species Selection List.
~
Section 106-33.1 Grading for Future Site Development Requirements
Land disturbance activities for future site development shall not be permitted unless accompanied by site
development plans and all requirements of the Smyrna Tree Ordinance are met. Activities associated with
future development shall include (but not be limited to): tree cutting, land clearing, grading and/or grubbing.
Section 106-34 Tree Survey Plan And Inventory
(1) The Tree Survey Plan shall be in the form of a to-scale map or a site plan prepared and sealed by a state-
registered surveyor, or landscape architect noting the location of all specimen trees plus all other trees which
will be preserved and counted toward meeting site density requirements.
(2) All specimen trees and their critical root zones are to be labeled, and must be shown on the survey and
inventoried by size and species. This includes those specimen trees that are to be preserved as well as those
proposed for removal.
(3) All other trees that are to be counted toward meeting density requirements must be shown on the survey and
inventoried by size and species. Only trees with a dbh measurement of two (2) inches or greater are to be
identified as eligible for density compliance purposes. Existing trees less than one (1) inch dbh will not be
counted toward Existing Density Factor.
~
>
(4) Trees other than specimen trees that are proposed for removal, and thus cannot be counted toward density
requirements, are not required to be counted and shown individually on the plan.
~
(5) Sampling methods may be used to determine tree densities for forested areas over five (5) acres. The
minimum sampling area shall be 1 acre.
(6) All tree protection zones and tree save areas must be delineated on the Tree Survey Plan. All buffers with
existing trees must be delineated on plans as tree save areas. Land disturbance within any buffer is subject to
approval by the Arborist.
(7) The Tree Survey Plan shall provide an accurate list of those trees to be saved and a total value of Existing
Density Factor units for the entire property.
Section 106-35 Tree Survey Inspection
Following the receipt of the completed tree removal application, Tree Survey Plan and supporting data, the
Arborist shall schedule and conduct an inspection of the proposed development site within ten (10) working
days. The applicant or his designee shall be advised as to the date and time of the inspection and given an
opportunity to participate. Following inspection, the Arborist, consistent with the purposes of this Ordinance,
shall advise the applicant of any recommended changes in the applicant's proposed tree removal, protection or
replanting plans.
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Ordinance 2003-8
Section 106-36 Tree Protection Plan -- Documents Required
~,
(1) Before the acceptance of a rezoning application and before the commencement of any alteration, defoliation
or land disturbing activity which requires the issuance of a development permit, a Tree Protection Plan is
required.
~
(2) The Tree Protection Plan shall be a detailed plan designed to protect and preserve trees before, during and
for a period of one (1) year after construction.
(3) The Tree Protection Plan shall be submitted as a separate drawing.
(4) The Tree Protection Plan shall be submitted on a current survey of the proposed site, drawn to scale, and
showing clearly all required information as outlined by this section for acceptance as the plan required in
Section 106-37(1).
(5) The Tree Protection Plan shall be prepared by a landscape architect
Required specifications for a Tree Protection Plan include, but are not limited to, the following:
(1) The identity of the tract ofland upon which tree(s) sought to be removed are located.
(2) The name, address and phone number of the owner of the land and the name, address and phone number of
any tenant of the property.
(3) The type, location and size as measured at the diameter breast height of the tree(s) constituting those to be
protected. Only trees designated on the Tree Protection Plan will be counted toward density requirements.
"
,
~ (4) Locations of all specimen trees and their critical root zones (CRZ's). Indicated those specimen trees proposed
for removal or for preservation. Removal of specimen trees is subject to approval by the Arborist. Any specimen
~ tree proposed for removal is to be identified in terms of exact location, size and species.
(5) The locations of all tree protection zones, natural areas, landscaped areas, buffers and areas of revegetation.
Include detailed locations and specifications for active protection measures. Methods of tree protection shall be
indicated for all tree protection zones, including tree fencing, erosion control, retaining walls, tunneling for
utilities, aeration systems, transplanting, staking, signage, etc.
(6) Limits of clearing and land disturbance such as grading, trenching, etc. where these disturbances may affect
tree protection zones.
(7) The locations of all existing and proposed utility lines or easements. Include the location for any boring sites
for underground utilities.
(8) Indication of staging areas for parking, material storage, concrete washout, debris burn and burial holes and
other areas where tree protection may be affected.
(9) A delineation of tree save areas in which trees have been inventoried for density calculations.
(10) Calculations showing compliance with the required Site Density Factor using existing trees, replacement
trees, and/or alternative compliance methods. Site density compliance shall be demonstrated on the Tree
Protection and Tree Replacement plans. Existing trees or stands of trees used in the density calculation must be
indicated on the drawing. Only existing trees with a dbh of two (2) inches or greater shall be counted toward the
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8
Ordinance 2003-8
minimum tree density requirements. Tree protection plans submitted prior to rezoning applications shall indicate
thereon how the minimum Site Density Factor shall be maintained.
(11) Site area (roads, utility lines, detention ponds, etc.)
~
(12) The locations of existing and proposed structures, paving, driveways, cut and fill areas, detention areas, etc.
(13) Phase lines or limits of construction.
(14) Location and details for all permanent tree protection measures (tree wells, aeration systems, permeable
paving, retaining walls, bollards, etc.)
(15) Additional information as required on a case-by-case basis or as requested by the Arborist.
(a) Prior to approval of the Tree Protection Plan, the Arborist may require relocation or replacement of trees as
uniformly as possible throughout the site, so that the entire property site meets the density requirements as
outlined in Section 106-31.
(b) Prior to approval of the Tree Protection Plan, the Arborist may require the use of active tree protection
fencing for any or all tree protection zones.
(16) The following notes shall be indicated on both tree protection plans and grading plans in capital letters:
Contact Community Development Department (770-319-5387) to arrange a preconstruction conference
prior to any land disturbance. No permit shall be issued until plans are approved and an on-site
inspection with City representatives occurs.
All tree protection measures shall be installed prior to grading.
~
Buffers shall be replanted subject to Community Development Department Approval.
Section 106-37 Tree Replacement Plan -- Standards And Revegetation
(1) A separate Tree Replacement Plan indicating the location of all proposed trees for revegetation is required.
This plan may be included as a part of the Tree Protection Plan or may be submitted as a separate drawing.
(2) The Tree Replacement Plan is to include planting schedules with proposed tree names (botanical and
common), quantity, size, spacing and any special planting notes.
(3) Unless otherwise approved by the Arborist, trees selected for replanting must be on the tree Species
Selection List found in The Smyrna Tree Ordinance Appendix B. Trees selected must be free from injury, pests,
disease, nutritional disorders or root defects, and must be in good vigor in order to assure a reasonable
expectation of survivability. Standards for transplanting shall be in keeping with those established in the
International Society of Arboriculture publication Tree and Shrub Planting Manual or similar publication.
(4) It is desirable that replanted trees be ecologically compatible with the site and neighboring sites.
Accordingly, the replanted trees shall be of the same or similar species as those removed when practical.
(5) All replanted overstory trees shall be a minimum of eight (8) feet tall and have a trunk of not less than two
(2.0) caliper inches. All replaced understory trees shall be a minimum of six (6) feet tall and have a trunk of not
9
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Ordinance 2003-8
less than one and one (1.0) inch. In order to provide sufficient growing area for planted trees, the following
minimum criteria must be observed unless otherwise approved by the Arborist:
'"
Overstory Trees - 200 square feet of pervious root zone. Understory Trees - 75 square feet of pervious root
zone.
'-'
(6) Planting and staking details are to be provided on the plan.
(7) Trees must be relocated or replaced on site in accordance with the provisions of this Ordinance.
(8) Debris removed. All debris from trees cut or substantially damaged shall be removed from the site in prior to
the issuance of a certificate of occupancy. This includes the removal of any portion of the tree stump above the
original natural grade or elevation of land.
Section 106-38 Permit Procedures
(1) Prior to the issuance of a development permit, a Tree Protection Plan and Tree Replacement Plan must be
submitted to the Arborist for review and approval.
(2) All Tree Protection and Tree Replacement Plans and related documentation shall be reviewed by the
Arborist for conformance to the provisions of this ordinance and either approved or denied. If denied, the
reasons for denial shall be annotated on the Tree Protection Plan or otherwise stated in writing.
(3) After the Tree Protection Plan is approved, the Community Development Department will be charged with
the responsibility of inspecting the site to ensure that trees are adequately protected during any grading of the
property for infrastructure installation. To adequately protect the site, tree save areas shall be delineated in the
field with tree protection fencing.
'-'
(4) All tree protection measures shall be installed prior to any land disturbance, and the Community
Development Director shall be contacted for a pre-construction conference prior to land disturbance. Land
disturbance may proceed only after a permit is obtained and tree protection measures have been approved by the
City.
(5) After completion ofa development, the Community Development Director (or his/her designee) will conduct
an inspection of the site to ensure compliance with the Tree Protection and/or Replacement Plans.
(6) The Arborist or City officials may make unscheduled inspections before and during development to ensure
protection of trees, critical root zones and buffer zones.
Section 106-39 Removal Of Trees - Conditions And Exceptions
(1) Tree removal shall be disallowed in the following circumstances:
(a) Soil erosion or runoff problems will result due to topography, soil type, or proximity to flood plain or river
protection areas; and the removal will substantially alter the existing soils adversely with regard to runoff and
erosion. Information submitted by the City Engineer or other environmental specialist may be used by the
Arborist in his evaluation.
(b) Specimen trees are located on site and are not adequately protected or replaced. Additionally, removal may
be disallowed if alternative site designs can be utilized to save specimen trees (without decreasing building area)
and have not been made.
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Ordinance 2003-8
(2) Exceptions.
...
Tree removal from a site may be allowed if:
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(a) The tree is located in an area where a structure or improvement will be placed and the tree cannot be
relocated on the site because of age, type or size of tree.
(b) The tree is diseased or structurally unsound.
(c) The tree is injured and/or poses an imminent danger.
(d) The tree interferes with existing utility service.
(e) The tree creates an unsafe vision clearance for vehicular movement.
(3) Trees must be relocated or replaced on site in accordance with the provisions of this Ordinance.
(4) Existing trees. Any existing trees of not less than two (2) inches dbh left in good growing condition on the
property shall be counted toward the minimum number required. All replacement trees will be maintained
properly to ensure their survivability.
(5) Debris removed. All debris from trees cut or substantially damaged shall be removed from the site prior to
the issuance of a certificate of occupancy, including the removal of any portion of the tree stump above the
original natural grade or elevation of land.
(6) It is required that all reasonable efforts (see definition) be made to save specimen trees.
Section 106-40 Tree Protection During Construction
...., (1) No person in the construction of any structure(s) or improvement(s) or any activity shall encroach or place
solvents, material, construction machinery or temporary soil deposits within size (6) feet of the area outside the
Critical Root Zone, as defined herein, of any specimen tree or any tree within a tree protection zone.
(2) Before development, land clearing, filling or any land alteration, the developer shall be required to erect
suitable protective barriers as required by the Arborist, including tree fences, tree protection signs, and erosion
barriers until completion of site landscaping. Authorization to remove the protective devices shall be in writing
by the Arborist or by the issuance of a final Certificate of Occupancy. Inspection of tree protection barriers is
required prior to any land disturbance or development. The Community Development Director shall be
contacted to schedule an inspection time.
(3) Materials for active tree protection shall consist of chain link, orange laminated plastic, wooden post and rail
fencing or other equivalent restraining material. In addition to fencing, where active tree protection is required,
each tree to be saved shall be marked at the base of the trunk with surveyor's flagging ribbon denoting the size
and species of tree to be protected.
(4) All tree protection devices must remain in functioning condition until the Certificate of Occupancy is issued.
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Ordinance 2003-8
Section 106-41 Tree Damage
"
Any tree, designated in the plan to be saved, which is damaged during construction or as a result of construction,
as determined by the Arborist, shall be treated according to accepted National Arborists Association Standards,
or replaced with a tree or trees equal to the unit value of the tree removed. However, any specimen tree damaged
as described above shall be replaced with trees equal to two (2) times the unit value of the tree removed or
damaged. 4" minimum trees must be utilized to replace damaged specimen trees.
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Section 106-42 Emergencies
In case of emergencies, such as hurricane, windstorm, flood, freeze or other disasters, the requirements of these
regulations may be waived by the Arborist or other designated official, upon a finding that such waiver is
necessary so that public or private work to restore order in the City will not be impeded.
Section 106-43 Variances And Waivers Of Article Requirements
The Mayor and Council may, upon appropriate application in writing, vary or waive the terms and provisions of
this article due to a hardship in the use of the land upon which a tree is located. A hardship shall be limited to
factors associated with the topography of the land, size/configuration of the parcel or uniqueness of the
development plan (including buildings).
Section 106-44 Appeal
Any person adversely affected by a decision of the Arborist in the enforcement or interpretation of any of the
terms or provisions of this ordinance may appeal such decision to the Mayor and Council. Such appeal shall be
taken by filing written notice thereof with the Community Development Director within ten (10) days after the
decision of the Arborist or his designee.
Section 106-45 Withholding Of Certificate Of Occupancy
~ The Community Development Director may withhold the issuance of the required Certificate of Occupancy, or
permits and inspections, for any development as required until the provisions of the Ordinance have been fully
met.
Section 106-46 Tree Removal And Construction Companies
All provisions of this Ordinance shall apply to any person removing trees on behalf of any other person,
including all tree removal companies, utility companies or persons in the business of removing trees or
construction. It shall be unlawful for any person or company to remove or cause to be removed any tree, or
undertake any work for which a development permit is required pursuant to this Ordinance, unless a valid permit
thereof is in effect and is displayed in accordance with the provisions of Section 160-47. If any such work or
removal is performed without the permit being displayed as required in Section 160-47, such removal or work
shall constitute a violation of this Ordinance and shall subject the person or company violating this Ordinance to
all penalties provided herein. However, utility companies may provide emergency work without formal
approval; provided, however, that emergency actions are reported in writing to the Arborist within three (3)
working days after completion of all emergency services. Further, the permit taken by any person, company or
utility under this section may include defined areas of tree cutting and trimming under one permit.
All tree removal companies, utility companies or persons in the business of removing trees or construction shall
remove from the site any trees, stumps, limbs or debris caused by activities allowed by the issuance of a permit
under this Ordinance.
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Ordinance 2003-8
Section 106-47 Display Of Permit And Inspections
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The applicant shall prominently display on the site the permit issued. Such pernlit shall be displayed
continuously while trees are being removed or replaced or work done as authorized on the permit. As a
condition for the issuance of a permit, the applicant shall agree in writing to entry onto his premises by
representatives of the City as designated by the Arborist to inspect the permit and activities at any time, and such
entry shall be lawful. Failure to allow such entry shall be unlawful and shall constitute failure to display the
permit as required under this section.
Section 106-48 Fees
Each applicant requesting a permit under the provisions of The Smyrna Tree Ordinance shall deposit with the
City of Smyrna a fee of five hundred dollars ($500.00), which fee shall be nonrefundable.
Provided, however, no fees shall be charged on any application filed solely within a public right-of-way or for a
single-family residence.
Provided, further, that no fee shall be charged on any application where the Arborist determines that the tree(s)
meet the exception criteria contained in Section 106-28.
Section 106-49 Penalty
Any person, firm or corporation violating any provisions of this article shall be punished as described in Section
1-8 of the Code of the City of Smyrna, and in addition thereto may be enjoined from continuing the violation.
Each tree cut, damaged or poisoned shall constitute a separate offense.
Section 106-50 Tree Replacement Fund
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On January 4, 1993 the Smyrna City Council adopted the Tree Preservation and Protection Ordinance, and set
the Tree Replacement Fund for alternative compliance at $440.00 per unit that the property is deficient. This
alternative compliance method may only be used when the Community Development Department determines
that a property has a justifiable hardship in meeting the density requirements set forth herein.
Section 106-51 Tree Maintenance
Any tree designated for preservation or added to a site as a result of a Tree Replacement Plan shall be
maintained properly for a period of two years from the date of installation. Any tree not property maintained
during this two year period shall be replaced. This maintenance period can be reduced to one year if an
irrigation system is installed per a set of plans approved by the City. If any tree, shrub or plant installed for the
purposes of meeting the City's code requirements is removed after installation, it must be replaced on an inch
per inch basis with the same species of tree, shrub or plant. This can be accomplished using more than one tree
provided the total caliper equals the size of tree removed.
A tree bond with a value equivalent to the restoration cost associated with all replaced trees shall be furnished to
the City. This bond may be released by the City within two years after the final certificate of occupancy is
issued for the development (one year for developments with irrigation systems) provided the trees are certified
to be in good condition by the Community Development Director or his/her designee.
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Ordinance 2003-8
The Smyrna Tree Ordinance - Appendix A
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Tree Density Calculations
DENSITY FACTOR ANALYSIS
....,
A basic condition of the Smyrna Tree Protection Requirements is that all applicable sites maintain a minimum
tree density of twenty (20) units per acre. The term "unit" is an expression of basal area and is not synonymous
with "tree".
The density requirement must be met whether or not a site had trees prior to development. The density may be
achieved by counting existing trees to be preserved, planting new trees, or some combination of the two.
For density factor analysis, the following formula shall apply:
SDF = EDF + RDF Where:
SDF (Site Density Factor) = The minimum tree density required to be maintained on a developed site (20 units
per acre).
EDF (Existing Density Factor) = Density of existing trees to be preserved on a site.
RDF (Replacement Density Factor) = Density of new trees to be planted on a site.
PROCEDURE FOR CALCULATING THE REQUIRED TREE REPLACEMENT:
Step 1. Calculate the Site Density Factor (SDF):
The SDF is calculated by multiplying the number of site acres by 20.
...., EXAMPLE: A 2.2 acre site has a SDF of 2.2 X 20 = 44
Step 2. Calculate the Existing Density Factor (EDF):
The Existing Density Factor, EDF, is determined by converting the diameter breast height (dbh) of individual
trees to density factor units as shown in the following Table 1. These units are totaled to determine the EDF for
the site.
EXAMPLE: A total of 15 trees will remain on the 2.2 acre site in Step 1. These trees include:
7 - 12" pines
3 - 14" pines
3 - 18" pines
1 - 20" hickory
1 - 30" oak
When converted to density factory units using Table 1, we arrive at the following values:
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Ordinance 2003-8
DBH Units Trees Value
12" 0.6 7 4.2
14" 1.2 3 3.6
18" 1.9 3 5.7
20" 1.9 1 1.9
30" 5.1 1 5.1
Total 20.5
"
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The sum total units, 20.5 is the EDF (Existing Density Factor).
Step 3. Calculate the Replacement Density Factor (RDF) by subtracting the EDF (Step 2) from the SDF (Step
1):
RDF = SDF - EDF
Example: RDF = 44 - 20.5
RDF = 23.5
Step 4. The RDF can be converted back to caliper inches using Table 2. Any number of combination of
transplantable size trees can be used so long as their total density factor units will equal or exceed the RDF.
Example: On the 2.2 acre site the following number, size and species will be replanted:
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Number Size Species Unit Value
12 1" Pine 0.4 4.8
10 2" Red Maple 0.5 5.0
3 6" Oak 1.0 3.0
Total 12.8
"
;
12.8 is less than the RDF of23.5 thus the minimum requirement has not been met.
Example 2: Required SDF (Density Factor)
2.2 acres x 20 units/acre = 44 units required
Number Size
2 24"
10 18"
8 10"
Unit
Value
2.8
1.9
0.6
5.6
19.0
4.8
Total
29.4
Required RDF (Replacement Density Factor)
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Ordinance 2003-8
Number Size Unit Value
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10 2" 0.5 5.0
100 1" 0.4 40.0
....,
Total 45.0
=
DFS
74.4
EDF
29.4
+
+
RDF
45.0
=
Because the proposed SDF (74.4) exceeds 44.0, the SDF is satisfied.
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Ordinance 2003-8
Table 1 - Conversion from dbh to density units for existing trees to remain
....,
DBH
2 - 4"
5 - 8"
9 - 12"
13 - 16"
17 - 20"
21 - 24"
25 - 28"
29 - 32"
33 - 36"
37 - 40"
Units
0.1
0.3
0.6
1.2
1.9
2.8
3.8
5.1
6.5
8.1
"
Table 2 - Conversion from caliper to density factor units for replacement trees
--
Caliper Units
1" 0.4
2" 0.5
3" 0.6
4" 0.7
5" 0.9
6" 1.0
7" 1.2
8" 1.3
9" 1.5
10" 1.7
11 " 1.9
12" 2.1
13" 2.3
14" 2.5
"
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Table 3 - Container grown pine tree replacement credit
Size Units
7 Gallon 0.4
3 Gallon 0.2
1 Gallon 0.1
The use of 1 and 3 gallon pines is only permitted with prior written approval. These units can only total 20% of
the total replacement trees.
For tree relocation, replacement units will be granted to trees relocated on site. Tree relocation is subject to
Arborist approval.
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Ordinance 2003-8
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The Smyrna Tree Ordinance - Appendix B
Tree Species Selection List
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Overstory Trees
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
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Acer rubrum
Betula nigra
Carya species
Celtis occidentalis
Cladrastis lutea
Cunninghamia lanceolata
Fagus grandifolia
Fraxinus americana
Fraxinus pennsylvania
Ginkgo biloba
Juniperus virginiana
Liquidambar styraciflua
Liriodendron tulipfera
Magnolia grandiflora
Metasequoia glyptostroboides
Nyssa sylvatica
Pinus elliottii
Pinua taeda
Pinus virginiana
Platanus occidentalis
Quercus species
Robinia pseudoacacia
Taxodium disticum
Ulmus parvifolia
Zelkova serrata
Allee Elm
Village Green Zelkova
Understory Trees
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
"
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Acer buergerianum
Amelanchier arborea
Carpinus caroliniana
Cercis canadensis
Cornus species
Crataegus phaenopyrum
Oxydendrum aboreum
Acer floridanum
Cercidiphyuum japonicum
Halesia carolina
Sophora j aponica
Red Maple
River Birch
Hickories, Pecans
Hackberry
American Yellowwood
Common Chinafir
American Beech
White Ash
Green Ash
Gingko
Eastern Red Cedar
Sweetgum
Yellow Poplar, Tulip Poplar
Southern Magnolia
Dawn Redwood
Black Gum, Black Tupelo
Slash Pine
Loblolly Pine
Virginia Pine
Sycamore
Oaks, except Live Oaks
Black Locust
Bald Cypress
True Chinese Elm
Japanese Zelkova
Ulmus parvifolia
Zelkova serrata
Trident Maple
Juneberry
American Hornbean
Eastern Redbud
Dogwoods
Washington Hawthorne
Sourwood
Florida Maple or Southern Sugar Maple
Katsura Tree
Carolina Silverbell
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Ordinance 2003-8
All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of
the effective date of this ordinance.
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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.
Approved by Mayor and Council this 21st day of January, 2003.
Attest:
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A. Max Bacon, Mayor
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Susan D. Hiott, City Clerk
City of Smyrna
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Approved as to form:
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Scott A. Cochran, City AttorneY---~
City of Smyrna
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