08152005 August 15, 2005 Attachments
August 15.2005
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A. MAX BACON, MAYOR
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BILL COGG, 3 -
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CHARLES PETE WOOD, WARD 7 '
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SUS N D. HIOTT, CITY CLERK
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RON NEWCOMB, WARD 2
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 592
Acres .318
2005-28
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent ofthe land described in Exhibit "A" attached
hereto have been notified 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 August 15, 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 ofthe municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
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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
August, 2005.
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A. Max Bacon, Mayor
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City of Smyrna
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Scott A. Cochran, City Attorney
City of Smyrna
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Ordinance # 2005-28
EXHIBIT. A"
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ALl.. THATTRAcrOR PARCEL OF LAND I,ins aad bcinl in ~ Loc 592 O'-Ihe 11'"
Distric;t. 2- Section of Cobb Couat} Dd bc:in& more: ~Iarty cbc:ribcd as follows:
TO FIND nm TIWE POINT Of WNlNN1NG. bq;ia III the iAceaec:tion of the
Southcalt ri~ liDe of Old RoswdI Road ""'!be Wat Laad Lor u.c ofLaad Lot }92 of
\hI: I'. DisI:ria. ~ Sccticm of Cobb County .... run aloaa said riakt-<<-.y line in a
~iy ~ 111.10 fat II) & m.r ~ which n:bar marks the TRUE pOlNl' OF
BEGINNING;
From the TRUE POINT OF BE<mlNtNG. as thus ~. c:ontiaoc .~ lIlIid righ1-
al:-llY Hac North 44 ~ 54 MinutJ:S. J ScI:oftds Ea:sa . disIMcc of aq,Ol f=! 10 . poinl:
l'1IcDcc JcaviIIs .. rigb-of-'MIf liae.. ".. SouIh 22 [)qJas.15 MJ.nw:s. 24 Seconds East
a dishncc of 291.51 fed to. potnI on dw aonhwalml side of a IS fDCJl alley;
Run thence aIoRs die side ofuid ~Icy. South 67 Degrcc:s. 4S Mkwtcs. SO Seconds West
a dj~ of 12...20 fa:t 10 a ~ fauDd:
Run ~ NianJl31 Dccrccs. 20 MiIBlkS WC7A . dimna:: of 27J..2S feet to a n:bar
lound on the Southeast right-of-way line of Old RoswcIl Road. whick rcbar mms the TRUE
('(}INT OF B~otNNllKl~
....u as shown on Pl.r. of SwYcy for Jim Cunni~bam.. daled Aupst 21. 2002, by MichKl
R. Nola. G<<qi.a Rqiliitlnd Land Suncyor No. 26461nd bel.. the same property c:onvcycd
('linen H, Smith by deed I'CIXlI"dc:d aa Deed nook IS50. ~ -404. Cobb Caanay records.
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08/18/2005 09:37
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Wisrlorn Properties
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August 15, 2005
Exhibit "A"
Revised August 10, 2005 for hearing on August 15th, 2005
August 10, 2005
City of Smyrna
City Council
Re: Addendum -Variance request - 1000 Vinings Falls Drive
Dear City Council members.
As a result of a recent meeting with the Vmings Glen Architectural Control
Committee we felt it important to amend this addendum letter to further clarify
our petition for this variance request.
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On July 24th the Vinings Glen ACC met to review our request for variance. As a
result of this meeting, which we were not requested to attend, they produced the
attacbed letter, which requested numerous items relating to the detailed
architectural and landscaping designs for the intended development. It was
obvious that the ACC was combining the legitimate oversight they have for design
of the structure and accompanying landscaping with the current request before
you to grant a relief varl.ance to the tear yard setback in order that we may
effectively market the home site as buildable to the current standards of the Ace
and the City of Smyrna.
The ACC requested that we be present at their next scheduled meeting on August
4th. Myself and the lot oWnerJ James Kegley attended the meeting and we
presented our case that the detailed architectural and landscaping information
that they had requested in their July 24th letter to us are legitimate concerns and
we were fully in accord with developing and presenting this information for their
approval prior to applying for a building permit. I have confirmed with Robin
Broyles, Chief Building Official that ACe approval of the building and landscape
for the lot are required prior to the issuance of a building permit.
Clearly there is strong opposition to the development of this Jot within the ACC.
Don Mitchell, The Co-chair of the ACC stated that he did not want to see the
property developed.
During the August 4th meeting we attempted to focus on the items that have
direct bearing on the variance request, namely the landscaping details for the
buffer 8l'ea and the orientation of the proposed residence so that the front
elevation is facing the cul-de-sac. 1be current plan representation of the
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Making your home a place you love to live.
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88/18/2885 89:37
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proposed building footprint shows the front of the home aligned with the C\l]-<k
sac and we will present a landscape plan and specification for the buffer area at
the rear yard set back. The Ace members continued to insist that all of their
concerns with respect to the proposed 8l'Chitecture and the landscaping for the
site (exclusive of the landscaping in the rear yard set back) needed to be
addressed in conjunction with this request for variance. As stated earlit'.r7 clearly
there are two event processes that need to occur and it is our position tbat
combining the two is not possible since we don't ultimately know the final
architecture design and or landscaping until we know if it is possible to place a
building footprint on the site in the most logical and aestheticallocation.
As the CcJuncil members can see from the accompanying plat and topography
map this is a uniquely shaped and a difficult lot to develop to the standards
required by both the city and the subdivision.
Additional,
1. The si~e and type of homes prevalent and the accompanying real estate
values in this neigbborh~ as well as the standards of the association.
require that a certain type and size home be constructed.
2. The topography of the site and tbe odd sbape drive the logi<.'aJ positioning
of any proposed home at the crest of the steep grade as the footprint of a
potential home shows of the proposed site plan. The prime buildable land
primarily exists in the topography contours 112' - 122'
3. The cu.rrent owner of this lot was the previous owner of the residence at
1010 Vmings Falls Drive. Upon selli~ this property an ingress/P.gTP.,"
easement was granted to the purchaser, which encumbered the subject
property with a further tightening of side setback on the southern most
boundary line.
4, The rear yard setback of 45' that was established ""ith the overall
subdivision plat exceeds the current district standard for R -15 zoning by
15' (30'), Further we ask that you consider our request for relief to 20' as a
compromise between the 10' side yard requirements and the 30' rear yard
requirements as a result of the hardships detailed above. "ve further
suggest that the intent of the zon!ng regulation bas been ~et with a
natural occurring and long standing buffer to the older neighborhoods,
(Hickory Hills and Vinings North) with. the substantial distances to the
abutting homes created by the slope of the land and the location of the
abutting homes an average of 14o'.from the proposed setback line
5. The applicant further agrees to heavily landscape the setback area as
shown on the rear yard buffer landscape plan
In conclusion, we respectfully ask that the council approve our requested
variance,
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Paul M. Gouin, Wisdom properties, Ine,
PAGE B3
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AS
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Electrical Contractors, Inc.
Posl Office Box 1285
Smyrna, GA 30081
Phone: (770)436-6]01
Fax: (770) 436-7466
www.ask-kaycom
August 15, 2005
Exhibit "B"
New Construction.
Quality Residential.
& Commercial Repairs
City of Smyrna Council and Zoning Board Members
Zoning No.
Gentlemen:
We respectfully request that the following items be included in the zoning
stipulations for the rezoning of the old Department of Labor building located at 2972
Ask-Kay Drive. We are not opposed to this rezoning; however, we feel that these
items are important to us and other adjacent businesses.
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1. No inoperable vehicles should be visible from Ask-Kay Drive or from any vantage
point of any existing business. This includes vehicles within the building.
2. No wrecked vehicles, operable or inoperable, should be left in view of Ask-Kay
Drive or from any vantage point of any existing business. This includes vehicles
within the building.
3. Keep all the grounds clean and maintained including cutting the grass, trimming
bushes, picking up debris, etc. This includes the overgrown field at the rear.
4. In general, maintain the building in good condition.
5. Provide whatever fencing, screens, or barriers, are necessary to accomplish the
criteria mentioned in items one and two above (similar to the attached sketch).
Also these fences, screens, and barriers should be reasonably attractive and kept
in good condition.
We have operated our business on Ask-Kay Drive for over 21 years, and we also
lease space to 10 other tenants. All of our tenants appreciate the cleanliness of our
complex, In fact, the cleanliness of the complex is frequently mentioned as to the
reason why they selected our complex. Our tenants, as well as, their customers
must pass the property being rezoned to access our complex and their businesses.
Consequently, it is paramouht to us that this property does not become an eyesore,
which would cause harm to us and our tenants' businesses. We would be happy to
meet with the owner and/or new tenant of this building to discuss our concerns.
Thank you for your attention in this matter and for your service to the City of
Smyrna.
Sincerely,
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Bill Askea & Steve Askea
QUALITY & SERVICE
Our Most InllJortalll ConcertI
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August 15, 2005
Exhibit "e"
SAMS, LARKIN & HUFF
A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAw
SUITE 100
376 POWDER SPRINGS STREET
MARIETTA. GEORGIA 30064-3448
OARVIS L SAMS, JR.
JOEL L, LARKIN
PARKS F. HUFF
RICHARD A. HARRAH
MICHAEL P. PRYOR
770 '422,7016
TELEPHONE
770'426'6583
FACSIMILE
July 1, 2005
~.SAMSLARKINHUF~COM
INFO@SAMSLARKINHUFF.COM
OF COUNSEL
DAVID P. HARTIN
VIA HAND DELIVERY
Mr. Christopher S. Miller, AICP, Director
City of Smyrna
Community Development Department
3180 Atlanta Road
,.. Smyrna, GA 30080
Re: Application of Jolly Development Corporation to Rezone a 36.32 Acre Tract
from Office & Institutional (0&1) to RAD Conditional Land Lots 403,404,461
& 462, 17th District, 2nd Section, City of Smyrna, Cobb County, Georgia
Dear Chris:
You will recall that this firm represents the applicant and property owners concerning the
above-captioned application. In that regard, you are in receipt of our recently revised site plan.
The application is scheduled to be heard and considered by the City of Smyrna Planning &
Zoning Board on July 11,2005 and, thereafter, is scheduled to be heard and considered for final
action by the Mayor and City Council on August 15, 2005.
With respect to the foregoing, consistent with discussions with the City's professional
staff and area residents, most particularly representatives of Vinings Estates Homeowners
Association, please allow this letter to serve as my clients' expression of agreement with the
following stipulations which shall become conditions and a part of the grant of the requested
rezoning, and binding upon the subject property thereafter:
1.
The stipulations and conditions set forth herein shall replace and supercede in full any
and all prior stipulations and conditions, in whatsoever form, which are currently in place
concerning the property which constitutes the subject matter of the above-captioned
application for rezoning.
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A LIMITED LIABILITY PARTNERSHIP
VIA HAND DELIVERY
Mr. Christopher S. Miller, AICP, Director
City of Smyrna
Community Development Department
July 1,2005
Page 2
2. The rezoning of the subject property shall be from 0&1 to RAD Conditional, predicated
upon the lot sizes and setbacks which are shown on the revised site plan prepared by
Clark Design Group, dated June 29, 2005.
3. The subject property shall be developed for detached single-family residences upon a
total of36.38 acres for a total number of 135 homes at a maximum density of 3.71 homes
per acre.
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4. The residential community shall consist of a neighborhood containing homes which will
range in size from 2,200 square feet to 3,000 square feet1.
5. The architectural style and composition of the homes proposed for the residential
community shall be consistent with the rendering/elevations/footprints being submitted
contemporaneously herewith. The composition of the homes shall consist of a
combination of either brick, stone, cedar shake, board and battened and hardy plank
siding.
6. Each home within the residential community shall have an attached two-car garage which
shall be utilized for vehicular parking only and a recital shall be contained within the
subdivision covenants reflecting same.
7. An agreement that all of the homes within the residential community shall be "for sale"
only, and that the subdivision covenants shall contain a recital stating that leasing of the
homes shall be limited to no more than ten percent (10% ) of the total number of homes
and for no lease term less than one (1) year in duration.
8. The installation of decorative lighting themed to the architecture style of the residences to
be constructed throughout the community.
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1 Price points are anticipated ranging from the low $400's to the mid-$600's.
,....
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SAMS, LARKIN & .dUFF
A LIMITED I.lABILITY PARTNERSHIP
VIA HAND DELIVERY
Mr. Christopher S. Miller, AICP, Director
City of Smyrna
Community Development Department
July 1,2005
Page 3
9. An agreement to create a mandatory homeowners association which shall be responsible
for the upkeep and maintenance of all common areas, landscaped areas, amenity areas,
fences and lighting within the proposed residential community.
10.
A third-party management company shall be hired to manage the day-to-day operations of
the mandatory homeowners association. The third-party management company shall
also be responsible for the management of all association monies, as well as
ensuring that the association is properly insured, until such time as the homeowners
association makes a determination that it can undertake such responsibilities.
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11. An agreement to record and enforce Declaration of Covenants, Conditions and
Restrictions which shall contain rules and regulations applicable to the residential
community. Said Covenants shall be supplied to the City for review prior to the issuance
of building permits.
12. The submission of a landscape plan during the Plan Review process which shall be
subject to staff review and approval and which shall include, but not necessarily be
limited to, the following:
a. Said landscape plan shall be prepared, stamped and signed by a Georgia
Registered Landscape Architect or a de greed horticulturist for common areas
and entrances.
b. All utilities within the residential community shall be located under ground.
c. Entry signage for the residential community shall be ground-based, monument
style, consistent with the City of Smyrna Sign Ordinance, heavily landscaped
and irrigated.
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d.
Sodded front, side and rear yards which shall be irrigated as appropriate.
e. Detention ponds as shown on the site plan shall be placed and landscaped
appropriately in order to be attractive to homes inside and outside of the proposed
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,.. SA-MS, LARKIN & rlUFF
A LIMITED LIABILITY PARTNERSHIP
VIA HAND DELIVERY
Mr. Christopher S. Miller, AICP, Director
City of Smyrna
Community Development Department
July 1, 2005
Page 4
residential development.
f. Installation of decorative street lights throughout the residential community
themed to the architectural style as described hereinabove. Said lighting shall
utilize low intensity environmental type illumination which shall be confined
within the perimeter of the subject property through the use of "full cut-off'
lighting.
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g. An agreement to comply with the City's current Tree Preservation & Replacement
Ordinance. All required tree protection measures shall be adhered to during the
construction and build-out of the residential community.
12. Subject to recommendations from the City of Smyrna Engineering Department
concerning hydrology, stormwater management and downstream considerations,
including recommendations regarding the ultimate positioning and configuration of on-
site detention and water quality ponds. Additionally, the stormwater detention plan shall
be designed to create at least a 10% reduction from existing conditions in a one-hundred
year storm event, subject to review and approval by the City Engineer.
13. Subject to recommendations from the City of Smyrna Public Works Department with
respect to the availability and accessibility of water and sewer and issues attendant
thereto.
14. Subject to recommendations from the City of Smyrna Engineering Department regarding
traffic/transportational issues, including the following:
a.
An agreement to be responsible for any traffic improvements (including additional
right-of-way dedications) deemed necessary by either the City or Cobb County
during construction plan review.
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b. Sidewalks shall be installed within the residential community and outside of the
residential community adjacent to public rights-of-way as directed by City staff.
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SAMS, LARKIN & ,dUFF
A LIMITED LIABILITY PARTNERSHIP
VIA HAND DELIVERY
Mr. Christopher S. Miller, AICP, Director
City of Smyrna
Community Development Department
July 1,2005
Page 5
c. A grass buffer with a minimum width of two (2) feet shall be provided between
the back-of-curb and sidewalk.
d. A strip of brick pavers or stamped concrete shall be installed on the street at the
subdivision entrance for a minimum distance of twenty (20) feet.
e.
The development of any streets within the residential community shall conform to
the City's standards.
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Please do not hesitate to call should you or your staff require any further information or
documentation prior to the application being heard and considered by the Planning & Zoning
Board and the Mayor and City Council.
With regards, I am
Very truly yours,
,...
GLSjr/ns
Enclosures
cc: Honorable Max Bacon, Mayor - Via Hand Delivery - w/enclosures
Members, City of Smyrna City Council - Via Hand Delivery - w/enclosures
Members, City of Smyrna Planning & Zoning Board - w/enclosures
Mr. Ken L. Hildebrandt, P.E., City Engineer - Via Hand Delivery - w/enclosures
Mr. Scott Stokes, Public Works Director - Via Hand Delivery - w/enclosures
Mr. Wayne Wright, City Administrator - Via Hand Delivery - w/enclosures
Ms. Preeya R. Philipp, Planner I - Via Hand Delivery - w/enclosures
Mr. Dave Newman, Vinings Estate Homeowners Association - w/enclosures
Mr. Warren Jolly, Jolly Development Corporation - w/o enclosures