03212005 March 21, 2005 Attachments
March 21, 2005
~
A. MAX BACON, MAYOR
~'~
~ ~
L sc GOINS, W
t:l~&~
CHARLES PETE WOOD, WARD 7
12
~
.
~.
SU AND.H[OTT'CIT~CLERK~
'~.u ,j~-,~
RON NEWCOMB, W A 2
-
-
March 2 I, 2005
13
-
Exhibit A
Rezoning Request 205-003 - R-15 to RAD Conditional- 10.92 Acre Tract - Land Lot 382,
Sherwood Drive and South Sherwood Road - Weaver and Woodbery Company
Standard Conditions
(Requirements # 2, 8, and 17 from Section 1201 of the Zoning Code are not applicable)
1. The composition of the homes in a residential subdivision shall include a mixture of
elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No
elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut
external roadways shall not be permitted to utilize hardy plank for any elevation facing
these roads.
2. There shall be protective covenants with a mandatory homeowners association on all lots.
These protective covenants shall be supplied to the City prior to the issuance of a
building permit.
3. The detention pond shall be placed and screened appropriately to be unobtrusive to
homes inside and outside the development. The storm water detention plan shall be
designed to create at least a 10% reduction in a 100-year storm event. The City Engineer
shall approve all plans.
~
4.
All utilities within the development shall be underground.
5. The developer shall be responsible for any traffic improvements (including additional
right-of-way dedications) deemed necessary by either the City or the County during
construction plan review. Sidewalks shall be provided by the developer inside the
subdivision and outside the subdivision adjacent to any public right-of-way consistent
with City's requirements for the extent of the development. A grass buffer with a
minimum width of2' shall be provided between the back of curb and sidewalk.
6. A strip of brick pavers or stamped concrete shall be installed on the street at the
subdivision entrance for a minimum distance of 20 feet.
7. The development of any streets (including private) shall conform to the City's standards
for public right-of-ways.
8. No debris may be buried on any lot or common area.
9. The developer will install decorative streetlights along and within the development, and
along the sidewalks along South Sherwood Road subject to approval by the City
Engineer. Utilization of low intensity, environmental type lighting, the illumination of
which shall be confined within the perimeter of the subject property through the use of
"full-cutoff lighting".
10.
The developer will comply with the City's current tree ordinance (unless noted
elsewhere). All required tree protection measures shall be adhered to by the developer
during construction.
-
March 21, 2005
14
11.
All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances.
-:
12. All yards and common areas are to be sodded, and landscaped. All landscaping will be
irrigated.
13. All single-family and/or duplex residential lots shall provide the following at the 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.
14. The developer shall provide at least 200 square feet of common space per lot. This
common space shall be developed with improvements for the residential subdivision such
as: gazebos, fountains, recreational/playground equipment or walking trails. The
common space shall be controlled and maintained by the Homeowners Association.
Special Conditions
15. The development shall maintain the following setbacks:
Exterior Setbacks
Sherwood Road - 10'
North Property Line - 25'
East Property Line - 25'
South Property Line - 30'
West Property Line - 30'
-
Interior Setbacks
From Right-of-Way-l0'
Rear-20'
Side - 10' Single-family Detached
0' Single-family Attached
Townhouse Building Separations - 20'
16. The developer shall revise the intersection of South Sherwood Road and Sherwood Drive
to provide a "T" intersection.
17. A landscape buffer and an 8-foot screen wall/fence featuring two-sided wooden
construction shall be installed on the southern boundary of the development
-
.....
A RESOLUTION DECLARING THE RESULTS OF AN
ELECTION FOR UNBONDED INDEBTEDNESS HELD ON
MARCH 15, 2005; AND FOR OTHER RELA TED
PURPOSES.
WHEREAS, the Mayor and Council of the City of Smyrna (the "Governing Body"),
which is charged with the duties of levying taxes, contracting debts, and managing the affairs of
the City of Smyrna (the "City"), and the Cobb County Board of Elections and Registration (the
"Elections Board"), which is the Municipal Election Superintendent of the City, called an
election which was held on March 15, 2005, for the purpose of submitting to the qualified voters
of the City for their determination the question of whether or not the City should be authorized to
enter into a contract or contracts (the "Contract") with a private entity or with the Downtown
Smyrna Development Authority, which contract or contracts provide for the purchase on an
installment basis by the City of new park and recreational facilities and improvements to existing
park and recreational facilities, public sidewalks and trails, land to be preserved for parks or
greenspace, renovations and improvements to the existing Brawner campus for use as public
facilities, and other facilities, equipment, and property useful in connection therewith; and
;-.
WHEREAS, the returns of the election were duly brought up by the managers of such
election, as required by law, and were presented to the Governing Body and the Elections Board
for consolidation and for the declaration of the result of the election; and
WHEREAS, the returns of the election were received from all of the poll officers and
thereupon the Elections Board canvassed, computed, and consolidated the returns of the election
and concurrent with the adoption of this resolution delivered a certified copy of the consolidated
return of the election to the Governing Body, and the result of the election was as follows:
Total number of votes cast
976
4
Total number of spoiled ballots
Total number of votes cast FOR authorizing the City
to enter into the Contract
813
Total number of votes cast AGAINST authorizing
the City to enter into the Contract
159
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of
Smyrna, and it is hereby resolved by authority of the same, that the election resulted in favor of
authorizing the City to enter into the Contract, by an affirmative vote of a majority of the
qualified voters of the City voting in the election held for such purpose, that entering into the
Contract has been authorized as required by law, and that the results of the election are hereby
declared to be as set forth above.
-
# 1953243. v I
BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved by _
authority of the same, that a duly certified copy of the consolidated election return of the
Superintendent of Elections be attached to this resolution as Exhibit "A" and made a part hereof.
PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 21 st day of
March 2005.
(SEAL)
CITY OF SMYRNA
Attest:
r-J~DCfWft6/
~erk
-
-
-2-
r
i"~
A RESOLUTION OF THE COBB COUNTY BOARD OF ELECTIONS
AND REGISTRATION DECLARING THE RESULTS OF AN ELECTION
FOR UNBONDED INDEBTEDNESS HELD IN THE CITY OF SMYRNA
ON MARCH 15,2005; AND FOR OTHER RELATED PURPOSES.
WHEREAS, the Mayor and Council of the City of Smyrna (the "Governing Body"),
which is charged with the duties of levying taxes, contracting debts, and managing the affairs of
the City of Smyrna (the "City"), and the Cobb County Board of Elections and Registration (the
"Elections Board"), which is the Municipal Election Superintendent of the City, called an
election which was held on March 15, 2005 for the purpose of submitting to the qualified voters
of the City the question of whether or not the City should be authorized to enter into a contract or
contracts (the "Contract") with a private entity or with the Downtown Smyrna Development
Authority, which contract or contracts provide for the purchase on an installment basis by the
City of new park and recreational facilities and improvements to existing park and recreational
facilities, public sidewalks and trails, land to be preserved for parks or greenspace, renovations
and improvements to the existing Brawner campus for use as public facilities, and other
facilities, equipment, and property useful in connection therewith; and
WHEREAS, the returns of the election were duly brought up by the Managers of such
election, as required by law, and were presented to the Board and the Elections Board for
consolidation and for the declaration of the result of the election; and
"...
WHEREAS, the returns of the election were received from all of the poll officers and
thereupon the Elections Board canvassed, computed, and consolidated the returns of the election
and concurrent with the adoption of this resolution delivered a certified copy of the consolidated
return ofthe election to the Governing Body, and the result of the election was as follows:
Total number of spoiled ballots
Total number of votes cast FOR authorizing the City
to enter into the Contract
976
4
Total number of votes cast
813
Total number of votes cast AGAINST authorizing
the City to enter into the Contract
159
NOW, THEREFORE, BE IT RESOLVED by the Cobb County Board of Elections and
Registration, and it is hereby resolved by authority of the same, that the election resulted in favor
of authorizing the City to enter into the Contract, by a n affirmative vote of a majority of the
qualified voters of the City voting in the election held for such purpose, that entering into the
Contract has been authorized as required by law, and that the results of the election are hereby
declared to be as set forth above.
r BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved by
authority of the same, that the election returns of the several Managers on file with the Elections
Board are incorporated herein by this reference.
EXHIBIT A
t _~
r
r
r
BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved by
authority of the same, that a duly certified copy of this resolution be furnished to the Governing
Body so that it may declare the results of the election as provided by law.
PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 18th day of
March 2005.
COBB COUNTY BOARD OF ELECTIONS
AND REGISTRATION
BY:~
Sue verhart, C airman
-2-
. ..
r
STATE OF GEORGIA
COBB COUNTY
SECRETARY'S CERTIFICATE
I, SHARON WINGFIELD, Director of the Cobb County Board of Elections and
Registration, DO HEREBY CERTIFY that the foregoing pages constitute a true and correct
copy of a resolution adopted by the Cobb County Board of Elections and Registration at an open
public meeting duly called and lawfully assembled at 4:00 p.m., on the 18th day of March 2005,
in connection with declaring the results of an election pertaining to the question of whether or
not the City of Smyrna shall incur unbonded indebtedness, the original of such resolution being
duly recorded in the Minute Book of the Cobb County Board of Elections and Registration,
which Minute Book is in my custody and control.
I do hereby further certify that the following members of the Cobb County Board of
Elections and Registration were present at such meeting:
"..
Sue P. Everhart
Doug Shaddix
Bette Goggins
James C. Dodd, Jr.
Frank Molesky
and that the following members were absent:
~=~
and that such resolution was duly adopted by a vote of:
Aye~
Nay C)
WITNESS my hand and the official seal of the Cobb County Board of Elections and
Registration, this the 18th day of March 2005.
(SEAL)
,.
,...
Election Summary Report
Special Election
City of Smyrna, Cobb County
Date:03/l8/05
Time:15:46:4l
Page; 1 of I
Summary For Jurisdiction Wide, All Counters, All Races
OFFICIAL AND COMPLETE RESULTS
Registered Voters 23813 - Cards Cast 976 4.10%
Smyrna Question
Null. Report Precinct 14 - Num. Reporting 14 100.00%
Number of Precincts
Precincts Reporting
YES
NO
Total
14
14 100.0 %
813 83.64%
159 16.36%
~(yJ~
~1~
,..
,...
,...
\\\\\11 \ II II f ',111'1111
~,"\\\ Of' ELE"C7':'III~/.
~ ~<;) .............. 10 %
::; -..' ...~...<:-
~ 0' . . U. ~
f Q) / ESTABLISHED \~ ~ %
~ ~1 GEORGIA i 0 ~
= z. ':0 :::
~?~. 1985 .:It7~
~O.. ...t;)~
~O.... ...~~
~ h'. ....,.Y;;:;
~ Y'~ ........... ~V ~
"~/II. 00 NO\~ \\\\,~
/1//11111"'11111\\\\\\\\
Cobb County
Board of Elections & Registration
DIRECTOR OF ELECTIONS
f.
f
f
47 Waddell Street
Marietta, Georgia 30090-3905
(770) 528-2300 TDD: (770) 528-1199
(770) 528-2519 Fax www.cobbelections.org
SHARON DUNN WINGFIELD
CONSOLIDATED RETURNS
CITY OF SMYRNA SPECIAL ELECTION
MARCH 15, 2005
We, the undersigned Superintendent and her Assistants, do jointly and severally certify that the
above is a true and correct count of the votes cast in the City of Smyrna Special Election on
March 15, 2005.
r
1
It
IN TESTIMONY WHEREOF, WE have hereunto set our hands and seals this 18th day of
March, 2005.
~~
Sup~rintendent
[SEAD
[SEAD
[SEAD
[SEAD
[SEAD
r
Sue P. Everhart James C. Dodd, Jr. Bette Goggans Frank Molesky Doug Shaddix
Chairman
Cobb County Government does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment of the provision of services.
....
Ordinance No. 2005 - 4
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF
THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA, CHAPTER 54, FLOODS TO
PROVIDE FOR ESTABLISHMENT OF PENALTIES FOR VIOLATION OF THE ORDINANCE, NEW
STANDARDS FOR STREAMS WITHOUT ESTABLISHED FLOOD ELEVATIONS, A REQUIREMENT
FOR NEW CONSTRUCTION ELEVATION ABOVE THE FLOOD HAZARD LEVEL AND OTHER
CHANGES AND TO CONFORM WITH THE DIRECTIVE OF THE FEDERAL EMERGENCY
MANAGEMENT AGENCY REQUIRING ALL LOCAL GOVERNMENTS TO ADOPT THIS MODEL
ORDINANCE BY REPEALING THE EXISTING FLOOD DAMAGE PREVENTION ORDINANCE
(CHAPTER 54) IN ITS ENTIRETY AND REPLACING SAID CODE SECTION WITH A REVAMPED
BODY OF REGULATIONS
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE
AND OBJECTIVES
Sec. 54-1. AUTHORIZATION
Article IX, Section II ofthe Constitution of the State of Georgia and Section 36-I-20(a) of the Official Code of
Georgia Annotated have delegated the responsibility to local governmental units to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of Smyrna,
GEORGIA, does ordain as follows:
Sec. 54-2. FINDINGS OF FACT
llI!IIoo
(I) The flood hazard areas of Smyrna, Georgia are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood relief and protection, and
impairment of the tax base, all of which adversely affect the public health, safety and general
welfare.
(2) These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable
to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood
damages, and by the cumulative effect of obstructions in floodplains causing increases in flood
heights and velocities.
Sec. 54-3. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific areas by provisions designed to:
(I) require that uses vulnerable to floods, including facilities, which serve such uses, be
protected against flood damage at the time of initial construction;
(2) restrict or prohibit uses which are dangerous to health, safety and property due to water
or erosion hazards, or which increase flood heights, velocities, or erosion;
(3) control filling, grading, dredging and other development which may increase flood
damage or erosion, and;
-
(4) prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands;
(5) control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of floodwaters.
Ordinance No. 2005 - 4
Sec. 54-4. OBJECTIVES
--.
The objectives of this ordinance are:
(I) to protect human life and health;
(2) to minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(3) to help maintain a stable tax base by providing for the sound use and development of
flood prone areas in such a manner as to minimize flood blight areas,
(4) to minimize expenditure of public money for costly flood control projects;
(5) to minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(6) to minimize prolonged business interruptions, and;
(7) to insure that potential homebuyers are notified that property is in a flood area.
ARTICLE 2.
GENERAL PROVISIONS
Sec. 54-25.
LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shaU apply to aU Areas of Special Flood Hazard within the jurisdiction of Smyrna, Georgia.
--.
Sec. 54-26.
BASIS FOR AREA OF SPECIAL FLOOD HAZARD
The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in its Flood
Insurance Study (FIS), dated August 18, 1992, with accompanying maps and other supporting data and any
revision thereto, are adopted by reference and declared a part of this ordinance. For those land areas acquired by a
municipality through annexation, the current effective FIS and data for Cobb County are hereby adopted by
reference. Areas of Special Flood Hazard may also include those areas known to have flooded historicaUy or
defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated
in a FIS.
Sec. 54-27. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with the provisions of this ordinance PRIOR to the
commencement of any Development activities.
Sec. 54-28. COMPLIANCE
No structure or land shall hereafter be located, extended, converted or altered without full compliance with the
terms of this ordinance and other applicable regulations.
Sec. 54-29. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing ordinance, easements, covenants, or deed
restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
-
Sec. 54-30. INTERPRET A TION
2
Ordinance No. 2005 - 4
....
In the interpretation and application of this ordinance all provisions shall be: (I) considered as minimum
requirements; (2) liberally construed in favor of the governing body, and; (3) deemed neither to limit nor repeal any
other powers granted under state statutes.
Sec. 54-31. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be
increased by man-made or natural causes. This ordinance does not imply that land outside the Areas of Special
Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance
shall not create liability on the part of the City of Smyrna or by any officer or employee thereof for any flood
damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.
Sec. 54-32. PENALTIES FOR VIOLATION
Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation
of conditions and safeguards established in connection with grants of variance or special exceptions shall constitute
a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon
conviction thereof, be fined not more than $2,500.00, and in addition, shall pay all costs and expenses involved in
the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall
prevent the City of Smyrna from taking such other lawful actions as is necessary to prevent or remedy any
violation.
ARTICLE 3. ADMINISTRATION
Sec. 54-52 DESIGNATION OF ORDINANCE ADMINISTRATOR
-
The City Engineer is hereby appointed to administer and implement the provisions of this ordinance.
Sec. 54-53. PERMIT PROCEDURES
Application for a Development Permit shall be made to the City Engineer on forms furnished by the community
PRIOR to any development activities, and may include, but not be limited to the following: plans in duplicate
drawn to scale showing the elevations of the area in question and the nature, location, dimensions, of existing or
proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities.
Specifically, the following information is required:
(I) Application Stage -
(a) Elevation in relation to mean sea level (or highest adjacent grade) of
the lowest floor, including basement, of all proposed structures;
(b) Elevation in relation to mean sea level to which any non-residential
structure will be flood-proofed;
(c) Design certification from a registered professional engineer or
architect that any proposed non-residential flood-proofed structure will meet the flood-
proofing criteria of Article 4, Section B (2);
-
(d) Description of the extent to which any watercourse will be altered or
relocated as a result of a proposed development, and;
(2) Construction Stage -
3
Ordinance No. 2005 - 4
For all new construction and substantial improvements, the permit holder shall provide to the IIIIIIII!.
Administrator an as-built certification of the regulatory floor elevation or flood-proofing level
immediately after the lowest floor or flood proofing is completed. Any lowest floor certification
made relative to mean sea level shall be prepared by or under the direct supervision of a
registered land surveyor or professional engineer and certified by same. When flood proofing is
utilized for non-residential structures, said certification shall be prepared by or under the direct
supervision of a professional engineer or architect and certified by same.
Any work undertaken prior to submission of these certifications shall be at the permit holder's
risk. The City Engineer shall review the above referenced certification data submitted.
Deficiencies detected by such review shall be corrected by the permit holder immediately and
prior to further progressive work being allowed to proceed. Failure to submit certification or
failure to make said corrections required hereby, shall be cause to issue a stop-work order for the
project.
Sec. 54-54. DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR
Duties of the City Engineer shall include, but shall not be limited to:
(I) Review all development permits to assure that the permit requirements of this ordinance
have been satisfied;
(2) Review proposed development to assure that all necessary
permits have been received from governmental agencies from which approval is required by
Federal or State law, including section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U .S.C. 1334. Require that copies of such permits be provided and
maintained on
file.
IIIIIIII!
(3) When Base Flood Elevation data or floodway data have not been provided in
accordance with Article 2 Section B, then the City Engineer shall obtain, review and reasonably
utilize any base flood elevation and floodway data available from a Federal, State or other
sources in order to administer the provisions of Article 4.
(4) Verity and record the actual elevation in relation to mean sea level (or highest adjacent
grade) of the lowest floor, including basement, of all new or substantially improved structures in
accordance with Article 3, Section B(2).
(5) Verity and record the actual elevation, in relation to mean sea level to which any new or
substantially improved structures have been flood-proofed, in accordance with Article 3, Section
B (2).
(6) When flood-proofing is utilized for a structure, the City Engineer shall obtain
certification of design criteria from a registered professional engineer or architect in accordance
with Article 3(B)(I)(c) and Article 4(B)(2) or (0)(2).
(7) Notity adjacent communities and the Georgia Department of Natural Resources prior to
any alteration or relocation of a watercourse and submit evidence of such notification to the
Federal Emergency Management Agency (FEMA).
(8) For any altered or relocated watercourse, submit engineering data/analysis within six (6)
months to the FEMA to ensure accuracy of community flood maps through the Letter of Map
Revision process. Assure flood carrying capacity of any altered or relocated watercourse is
maintained.
-
(9) Where interpretation is needed as to the exact location of boundaries of the Areas of
Special Flood Hazard (for example, where there appears to be a conflict between a mapped
4
Ordinance No. 2005 - 4
--
boundary and actual field conditions) the City Engineer shall make the necessary interpretation.
Any person contesting the location of the boundary shalI be given a reasonable opportunity to
appeal the interpretation as provided in this Ordinance.
(10) AII records pertaining to the provisions of this ordinance shall be maintained in the
office of the City Engineer and shall be open for public inspection.
ARTICLE 4. PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 54-74. GENERAL STANDARDS
In ALL Areas of Special Flood Hazard the folIowing provisions are required:
(I) New construction and substantial improvements of existing structures shall be anchored
to prevent flotation, colIapse or lateral movement of the structure;
(2) New construction and substantial improvements of existing structures shalI be
constructed with materials and utility equipment resistant to flood damage;
(3) New construction or substantial improvements of existing structures shall be constructed
by methods and practices that minimize flood damage;
-
(4) Elevated Buildings - AII New construction or substantial improvements of existing
structures that include ANY fulIy enclosed area located below the lowest floor formed by
foundation and other exterior walIs shall be designed so as to be an unfinished or flood resistant
enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls
by alIowing for the automatic entry and exit of floodwater.
(a) Designs for complying with this requirement must either be certified
by a professional engineer or architect or meet the folIowing minimum criteria:
(i) Provide a minimum of two openings having a total net area
of not less than one square inch for every square foot of enclosed area
subject to flooding;
(ii) The bottom of all openings shall be no higher than one foot
above grade; and,
(iii) Openings may be equipped with screens, louvers, valves or
other coverings or devices provided they permit the automatic flow of
floodwater in both direction.
(b) So as not to violate the "Lowest Floor" criteria of this ordinance, the
unfinished or flood resistant enclosure shall only be used for parking of
vehicles, limited storage of maintenance equipment used in connection with the
premises, or entry to the elevated area, and
(c) The interior portion of such enclosed area shall not be partitioned or
finished into separate rooms.
-
(5) All heating and air conditioning equipment and components, alI electrical, ventilation,
plumbing, and other service facilities shalI be designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
5
Ordinance No. 2005 - 4
(6) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral _
movement. Methods of anchoring may include, but are not limited to, use of over-the-top or
frame ties to ground anchors. This standard shall be in addition to and consistent with
applicable State requirements for resisting wind forces.
(7) New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;
(8) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the systems into flood
waters;
(9) On-site waste disposal systems shall be located and constructed to avoid impairment to
them or contamination from them during flooding, and;
(10) Any alteration, repair, reconstruction or improvement to a structure, which is not
compliant with the provisions of this ordinance, shall be undertaken only if the non- conformity
is not furthered, extended or replaced.
(I I) No fill material shall be placed within a Special Flood Hazard area unless a greater or
equal volume of material is removed from the Special Flood Hazard area. Documentation shall
be provided by a registered engineer or land surveyor showing that no greater volume of earth
exists within the Special Flood Hazard area than prior to construction. If, in the judgement of the
City Engineer, documentation can be provided to show that additional fill material will create an
inconsequential increase in the Special Flood Hazard area, the requirements of this paragraph
may be waived. -
Sec. 54-75. SPECIFIC STANDARDS
In ALL Areas of Special Flood Hazard the following provisions are required:
(I) New construction and substantial improvements - Where base flood elevation data are
available, new construction or substantial improvement of any structure or manufactured home
shall have the lowest floor, including basement, elevated no lower than three (3) feet above the
base flood elevation. Should solid foundation perimeter walls be used to elevate a structure,
openings sufficient to facilitate equalization of flood hydrostatic forces on both sides of exterior
walls shall be provided in accordance with standards of Article 4, Section A(4), "Elevated
Buildings" .
(2) Non-Residential Construction - New construction or the substantial improvement of any
structure located in A I -30, AE, or AH zones, may be flood-proofed in lieu of elevation. The
structure, together with attendant utility and sanitary facilities, must be designed to be water tight
to three (3) feet above the base flood elevation, with walls substantially impermeable to the
passage of water, and structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect
shall certify that the design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions above, and shall provide such certification to the
official as set forth above and in Article 3, Section C.(6).
(3)
Standards for Manufactured Homes and Recreational Vehicles - Where base flood
elevation data are available:
-
(a) All manufactured homes placed or substantially improved on: (I) individual
lots or parcels, (2) in new or substantially improved manufactured home parks or
6
Ordinance No. 2005 - 4
-
subdivisions, (3) in expansions to existing manufactured home parks or subdivisions, or
(4) on a site in an existing manufactured home park or subdivision where a
manufactured home has incurred "substantial damage" as the result of a flood, must
have the lowest floor including basement, elevated no lower than three (3) feet above
the base flood elevation.
(b) Manufactured homes placed or substantially improved in an existing
manufactured home park or subdivision may be elevated so that either:
(i) The lowest floor of the manufactured home is elevated no lower than
three (3) feet above the level of the base flood elevation, or
(ii) The manufactured home chassis is elevated and supported by
reinforced piers (or other foundation elements of at least an equivalent
strength) of no less than 36 inches in height above grade.
(c) All manufactured homes must be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement. ( ref. Article
4(A)(6) above)
(d) All recreational vehicles placed on sites must either:
(i) Be fully licensed and ready for highway use, (a recreational vehicle is
ready for highway use if it is licensed, on its wheels or jacking system, attached
to the site only by quick disconnect type utilities and security devices, and has
no permanently attached structures or additions), or
-
(ii) The recreational vehicle must meet all the requirements for "New
Construction", including the anchoring and elevation requirements of Article 4,
Section B (3)(a)(c), above.
(4). Floodway - Located within Areas of Special Flood Hazard established in Article 2,
Section B, are areas designated as floodway. A floodway may be an extremely hazardous area
due to velocity floodwaters, debris or erosion
potential. In addition, the area must remain free of encroachment in order to allow for the
discharge of the base flood without increased flood heights. Therefore, the following provisions
shall apply:
(a) Encroachments are prohibited, including earthen fill, new
construction, substantial improvements or other development within the
regulatory floodway.
Development may be permitted however, provided it is demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the encroachment shall not result in illlY increase in
flood levels or floodway widths during a base flood discharge. A registered
professional engineer must provide supporting technical data and certification
thereof.
(b) ONLY if Article 4 (B)(4)(a) above is satisfied, then any new
construction or substantial improvement shall comply with all other applicable
flood hazard reduction provisions of Article 4.
-
Sec. 54-76. BUILDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD
ELEV A nONS AND/OR FLOODW A Y (A-ZONES) -
7
Ordinance No. 2005 - 4
Located within the Areas of Special Flood Hazard established in Article 2, Section B, where streams exist but no
base flood data have been provided (A-Zones), OR where base flood data have been provided but a Floodway has
not been delineated, the following provisions apply:
--
(I) When base flood elevation data or floodway data have not been provided in accordance
with Article 2(B), then the City Engineer shall obtain, review, and reasonably utilize any
scientific or historic base flood elevation and floodway data available from a Federal, State, or
other source, in order to administer the provisions of Article 4. ONLY if data are not available
from these sources, then the following provisions (2&3) shall apply:
(2) No encroachments, including structures or fill material, shall be located within an area
equal to the width of the stream or twenty feet, whichever is greater, measured from the top of
the stream bank, unless certification by a registered professional engineer is provided
demonstrating that such encroachment shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
(3) In special flood hazard areas without base flood elevation data, new construction and
substantial improvements of existing structures shall have the lowest floor of the lowest enclosed
area (including basement) elevated no less than three (3) feet above the highest adjacent grade at
the building site. Openings sufficient to facilitate the unimpeded movements of floodwaters shall
be provided in accordance with standards of Article 4, Section A (4) "Elevated Buildings".
The City Engineer shall certifY the lowest floor elevation level and the record shall become a
permanent part of the permit file.
Sec. 54-77. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)-
Areas of Special Flood Hazard established in Article 2, Section B, may include designated "AO" shallow flooding
areas. These areas have base flood depths of one to three feet (1'-3') above ground, with no clearly defined
channel. The following provisions apply:
-
(I) All new construction and substantial improvements of residential and non-residential
structures shall have the lowest floor, including basement, elevated to the flood depth number
specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent grade. Ifno flood
depth number is specified, the lowest floor, including basement, shall be elevated at least three
feet (3) above the highest adjacent grade. Openings sufficient to facilitate the unimpeded
movements of flood waters shall be provided in accordance with standards of Article 4, Section
A (4), "Elevated Buildings".
The City Engineer shall certifY the lowest floor elevation level and the record shall become a
permanent part of the permit file.
(2) New construction or the substantial improvement of a non-residential structure may be
flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary
facilities, must be designed to be water tight to the specified FIRM flood level plus one (I) foot,
above highest adjacent grade, with walls substantially impermeable to the passage of water, and
structural components having the capability of resisting hydrostatic and hydrodynamic loads and
the effect of buoyancy. A registered professional engineer or architect shall certifY that the
design and methods of construction are in accordance with accepted standards of practice for
meeting the provisions above, and shall provide such certification to the official as set forth
above and as required in Articles 3(B)(I)(c) and (3)(B)(2).
(3) Drainage paths shall be provided to guide floodwater around and away from any
proposed structure.
-
Sec. 54-78.
STANDARDS FOR SUBDIVISIONS
8
Ordinance No. 2005 - 4
-
(I)
All subdivision proposals shall be consistent with the need to minimize flood damage;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood hazards, and;
(4) Base flood elevation data shall be provided for subdivision proposals and all other
proposed development, including manufactured home parks and subdivisions, greater than fifty
(50) lots or five (5) acres, whichever is less.
ARTICLE 5. VARIANCE PROCEDURES
(A) The City Council shall hear and decide requests for appeals or variance from the
requirements of this ordinance.
(B) The board shaIl hear and decide appeals when it is alleged an error in any requirement,
decision, or determination is made by the City Engineer in the enforcement or administration of
this ordinance.
(C) Any person aggrieved by the decision of the City Council may appeal such decision to
the Superior Court of Cobb County, as provided in Section 5-4-1 of the Official Code ofOeorgia
Annotated.
....
(D) Variances may be issued for the repair or rehabilitation of Historic Structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's continued
designation as a Historic Structure and the variance is the minimum to preserve the historic
character and design of the structure.
(E) Variances may be issued for development necessary for the conduct ofa functionaIly
dependent use, provided the criteria of this Article are met, no reasonable alternative exists, and
the development is protected by methods that minimize flood damage during the base flood and
create no additional threats to public safety.
(F) Variances shall not be issued within any designated floodway if ANY increase in flood
levels during the base flood discharge would result.
(0) In reviewing such requests, the City Council shaIl consider all technical evaluations,
relevant factors, and all standards specified in this and other sections of this ordinance.
(H) Conditions for Variances:
(I) A variance shall be issued ONLY when there is:
(i) a finding of good and sufficient cause,
(ii) a determination that failure to grant the
variance would result in exceptional hardship, and;
-
(iii) a determination that the granting of a variance will not result in increased
flood
heights, additional threats to public safety, extraordinary public expense, create
nuisance, cause fraud on or victimization of the public, or conflict with existing
local laws or ordinances.
9
Ordinance No. 2005 - 4
(2) The provisions of this Ordinance are minimum standards for flood loss
reduction; therefore any deviation from the standards must be weighed carefu1ly.
Variances sha1l only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief; and, in the instance of an
Historic Structure, a determination that the variance is the minimum necessary so as not
to destroy the historic character and design of the building.
..
(3) Any applicant to whom a variance is granted sha1l be given written notice
specifying the difference between the base flood elevation and the elevation of the
proposed lowest floor and stating that the cost of flood insurance will be commensurate
with the increased risk to life and property resulting from the reduced lowest floor
elevation.
(4) The City Engineer shall maintain the records of all appeal actions and report
any variances to the Federal Emergency Management Agency upon request.
(I) Upon consideration of the factors listed above and the purposes of this ordinance, the
City Council may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this ordinance.
ARTICLE 6.
DEFINITIONS
Unless specifica1ly defined below, words or phrases used in this ordinance shall be interpreted so as to give them
the meaning they have in common usage and to give this ordinance its most reasonable application.
"Addition (to an existing building)" means any wa1led and roofed expansion to the perimeter of a building in ..
which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed
addition, which is connected by a firewall or is separated by an independent perimeter load-bearing wall, shall be
considered "New Construction".
"Appeal" means a request for a review of the City Engineer's interpretation of any provision of this
ordinance.
"Area of shallow flooding" means a designated AO or AH Zone on a community's Flood Insurance Rate Map
(FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not exist, where
the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
"Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or
greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency
Management Agency, Areas of Special Flood Hazard shall be those designated by the local community and
referenced in Article 2, Section B.
"Base flood," means the flood having a one percent chance of being equaled or exceeded in any given year.
"Basement" means that portion ofa building having its floor sub grade (below ground level) on all sides.
"Building," means any structure built for support, shelter, or enclosure for any occupancy or storage.
"Development" means any man-made change to improved or unimproved real estate, including, but not limited to,
buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, and
permanent storage of materials or equipment.
-
"Elevated building" means a non-basement building built to have the lowest floor of the lowest enclosed area
elevated above the ground level by means of fi1l, solid foundation perimeter walls, pilings, columns, piers, or shear
walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.
IO
Ordinance No. 2005 - 4
-
"Existing Construction" Any structure for which the "start of construction" commenced before 1977.
"Existing Manufactured Home Park or subdivision" means a manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at
a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete
pads) is completed before 1977.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites
by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including
the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry
land areas from:
(a.) the overflow of in land or tidal waters; or
(b.) the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Hazard Boundary Map (FHBM)" means an official map ofa community, issued by the Federal
Insurance Administration, where the boundaries of areas of special flood hazard have been defined as Zone A.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the Federal Insurance
Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the
community.
-
"Flood Insurance Study" the official report by the Federal Insurance Administration evaluating flood hazards and
containing flood profiles and water surface elevations of the base flood.
"Floodplain" means any land area susceptible to flooding.
"Floodway" means the channel ofa river or other watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water surface elevation more than a
designated height.
"Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction,
adjacent to the proposed foundation of a building.
"Historic Structure" means any structure that is;
a. Listed individually in the National Register of Historic Places (a
listing maintained by the U.S. Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register:
b. Certified or preliminarily determined by the Secretary of the Interior
as contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district:
-
c. Individually listed on a state inventory of historic places and
determined as eligible by states with historic preservation programs which have
been approved by the Secretary of the Interior; or
II
Ordinance No. 2005 - 4
d. Individually listed on a local inventory of historic places and
determined as eligible by communities with historic preservation programs that
have been certified either:
I. By an approved state program as determined by the Secretary of the
Interior, or
-
2. Directly by the Secretary of the Interior in states without approved
programs.
Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood
resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a
basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the
structure in violation of other provisions of this code.
"Manufactured home" means a building, transportable in one or more sections, built on a permanent chassis and
designed to be used with or without a permanent foundation when connected to the required utilities. The term also
includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days
or longer and intended to be improved property.
"Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a reference for
establishing various elevations within the floodplain. For purposes of this ordinance, the term is synonymous with
National Geodetic Vertical Datum (NGVD).
"National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as a reference for
establishing varying elevations within the floodplain.
"New construction" means ANY structure (see definition) for which the "start of construction" commenced after _
1977 and includes any subsequent improvements to the structure.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after 1977.
"Recreational vehicle" means a vehicle, which is:
a. built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal
projection;
c. designed to be self-propelled or permanently towable by a light duty
truck; and
d. designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use.
"Start of construction" means the date the development permit was issued, provided the actual start of
construction, repair, reconstruction, or improvement was within I 80 days of the permit date. The actual start
means the first placement of permanent construction of the structure such as the pouring of slabs or footings,
installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the
placement of a manufactured home on a foundation. (Permanent construction does not include initial land
preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor _
does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages
or sheds not occupied as dwelling units or part of the main structure. (NOTE: accessory structures are NOT exempt
from any ordinance requirements) For a substantial improvement, the actual start of construction means the first
12
Ordinance No. 2005 - 4
-
alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground, a manufactured home, a gas or
liquid storage tank.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
"Substantial improvement" means any combination of repairs, reconstruction, alteration, or improvements to a
building, taking place during a 5-year period, in which the cumulative cost equals or exceeds fifty percent of the
market value of the structure prior to the improvement. The market value of the building should be (I) the
appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage,
the value of the structure prior to the damage occurring. This term includes structures, which have incurred
"substantial damage", regardless of the actual amount of repair work performed.
For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the
external dimensions of the building. The term does not, however, include those improvements of a building
required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions, which have been pre-identified by the Code Enforcement Official, and not solely triggered
by an improvement or repair project.
-
"Substantially improved existing manufactured home parks or subdivisions':: is where the repair,
reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the
value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
"Variance" is a grant of relief from the requirements of this ordinance, which permits construction in a manner
otherwise prohibited by this ordinance.
ARTICLE 7.
SEVERABILITY
Ifany section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of
competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this
Ordinance.
All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the
effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole
or any part thereof which is not specifically declared to be invalid or unconstitutional.
-
13
Ordinance No. 2005 - 4
-.,
Approved by Mayor and Council this 21st day of March, 2005.
Attest:
J4Q--
A. Max Bacon, Mayor
~;[d~~
City of Smyrna
-
-
14
-
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 519
Acres --.M
2005-3
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 100 percent of the land described in Exhibit "A" attached
hereto have been notified ofthe City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on March 21, 2005 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
March,2005.
21 st
day of
~~--:7-
--
A. Max Bacon, Mayor
-
~i~e~
City of Smyrna
J~
Scott A. Cochran, CIty Attorney
City of Smyrna
~
--..._~,.
-
Ordinance No. 2005-3
Exhibit "A"
All that tract or parcel of land lying and being in Land Lot 519, 1 ih District, 2nd Section,
Cobb County, Georgia, being Lot 119 of the property of J. H. Taylor, as per plat recorded
in Plat Book 5, page 81, Cobb County, Georgia records, being more particularly
described as follows:
-
Beginning at an iron pin on the southerly side of Pierce Avenue, 565 feet easterly from
the corner formed by the intersection of the southerly side of Pierce A venue with the
northeasterly side of Dixie Avenue, formerly Railroad Street, said point of beginning also
being at the line dividing Lots 119 and 120, said subdivision; run thence southerly along
the easterly line of said Lot 120 that forms an interior angle of 9 I degrees 03 minutes
with the southerly side of Pierce Avenue, 2 I 0 feet to an iron pin and Lot 128, said
subdivision, run thence easterly along the northerly line of said Lot 128,80 feet to an iron
pin and Lot 118, said subdivision, run thence northerly along the westerly line of said Lot
118,210 feet to an iron pin on the southerly side of Pierce Avenue; run thence westerly
along the southerly side of Pierce A venue, 80 feet to an iron pin and the point of
beginning.
-