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10032005 October 3,2005 Attachments October 3,2005 A. MAX BACON, MAYOR ~~~ C~T~~~~ 18 ~ ~..JJ.-- RON NEWCOMB, WARD 2 ~~ ?{Ir~aU MIC AEL McNABB, ARD - - ORDINANCE No. 2005-38 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A-ZONING, ARTICLE VII, USE PROVISIONS, CITY OF SMYRNA, GEORGIA, BE AMENDED BY THE ADDITION OF SECTION 719 REDEVELOPMENT OVERLAY DISTRICT TO INCLUDE PROVISIONS FOR ALLOWING A MIXTURE OF USES ON A SINGLE TRACT INCLUDING RETAIL, RESIDENTIAL AND OFFICE SPACE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A-Zoning, Article VII, Use Provisions, City of Smyrna, Georgia, be amended by the addition of Sec. 719 to read as follows: Sec. 719. Redevelopment Overlay District [ROD]. The regulations for the ROD redevelopment overlay district are as follows: - (719.1) Purpose and intent. The ROD is established to provide locations for mixed use development and redevelopment of commercial, office and residential uses which are pedestrian oriented and developed at a community or regional activity center scale and intensity. The district may be overlaid upon the RM- 12, RHR, CBD and GC and zoning districts and either Community Activity Center, High Density Residential or Mixed-Use land use categories. The Mayor and Council has determined that any redevelopment project approved within a ROD shall not establish any type of precedent for land use recommendations or future rezoning proposals outside of the boundaries of the ROD project. Those properties outside of the boundaries of a ROD project must provide uses compatible with other surrounding properties as defined and shown on the City of Smyrna Comprehensive Plan adopted February, 1997. (719.2) Permitted uses. Permitted uses are as follows: - (1) Athletic and health clubs. (2) Automotive parking lots or garages. (3) Banks and financial institutions with automated transfer machines; however, no drive-in establishments are permitted. (4) Clinics, clubs or lodges. (5) Commercial indoor recreation uses. (6) Commercial retail uses. (7) Condominiums. (8) Corporate or administrative office for any permitted uses. (9) Cultural facilities. (10) Eating and drinking establishments. (11) Film developing and printing facilities. ORDINANCE No. 2005-38 (12) Hotels. (13) Laundry and dry cleaning pickup establishments. (14) Medical and dental laboratories provided no chemicals are manufactured on-site. (15) Multi family dwelling units. (16) Neighborhood retail uses. (17) Nursery schools and child day care centers. (18) Office service and supply establishments. (19) Parking for vehicles. (20) Photograph studios. (21) Printing, publishing and lithography establishments. (22) Private parks. (23) Professional offices. (24) Single-family dwelling units (attached and detached). (25) Schools (public and private) (26) Studios and supplies. - (719.3) Lot size and setback requirements. (1) Design of entire project must be consistent with the City's Urban Design Standards as may be amended from time to time. (2) Minimum project area: 5 acres. Smaller tracts may be considered appropriate if within 200 feet of an existing or proposed redevelopment project. - (719.4) Landscape buffer and screening requirements. Unless otherwise noted within this district's requirements, any property within an ROD which abuts residentially zoned property shall have a minimum twenty-five foot landscaped screening buffer adjacent to all residentially zoned property. Buffers may be included within required setbacks; however, in such case that the required buffer is greater than the required setback, the required buffer shall be adhered to. Additionally, necessary private utilities and access drives may be allowed through, over or across a landscaped buffer. The design of the buffer shall comply with Section 503 of the City's Zoning Code. (719.5) Building and structure requirements. Maximum building height is 55', unless approved by the Mayor and Council in consultation with the fire chief to insure adequacy of fire protection facilities and services. (719.6) Parking requirements. See Article IX for paved parking specifications. Parking for non-residential or multifamily uses may be granted a 20% reduction in required parking when parking is shared between adjacent uses within the project. An additional 10% reduction may be administratively approved by the Director of Community Development, or hislher designee. - 2 - (71 9.7) (719.8) ,- - ORDINANCE No. 2005-38 Final parking design plans shall be subject to review and approval of the Director of Community Development, or his/her designee. Lighting requirements. Lighting levels shall not exceed .25 footcandles when measured at adjacent residentially zoned properties. There shall be no limitation on lighting levels when adjacent to non-residential properties. Procedures for ROD overlay utilization. As the ROD is overlaid upon an existing zoning district, the project will be reviewed and approved or denied in a streamlined manner. The application of the ROD is not considered a rezoning. Staff will accept applications, then review and recommend approval or denial. A schedule of application submittal deadlines, concept plan review meetings, and projected Council meeting dates will be made available to the public. As the underlying zoning will not change, staff recommendations will be taken to the Mayor and Council on the next available agenda. ROD proposals are required to be posted for a minimum of 15 and a maximum of 45 days prior to the Council meeting. A public hearing will be held at the time the Council reviews and decides each proposal. If the project is denied by the Council, no prejudice period will apply. Further, upon gaining approval of an ROD overlay plan, the applicant maintains the option to develop the property according to the requirements of the underlying zoning. However, ROD approval will be voided if no application for permit approval is received by the City within the first 6 months after final ROD approval. Additionally, the ROD approval will be voided upon expiration of any approved building permits. The following review procedure will apply: (1) Application. Applications for ROD overlay district utilization with an existing zoning will be accepted in the community development department. The application fee is $500.00. (2) Concept plan review. There will be a regularly scheduled ROD review meeting of the city staff scheduled twice monthly. Conceptual approval must be obtained prior to placing the property on a Council agenda. The purpose of the conceptual plan review is: a. Familiarize sponsors of projects with City regulations and the concerns of City departments prior to expenditure for preparation of final development plans. b. Familiarize City representatives with proposed project and provide an opportunity for an exchange of views and ideas on project characteristics that are of concern to the goals of the ROD ordinance. 3 ORDINANCE No. 2005-38 (3) Participants. The City staff to be present include at least one representative from the following departments: - a. Community Development. b. Public Works. c. City Engineer. d. Fire Department. (4) Initiation of concept plan review. Concept plan review shall be initiated by the filing of the following items with the appointed representative of the Community Development Department: a. One (1) completed application. Signatures of titleholder and applicant are required. b. Submit one (1) disc containing copies of all documents III either PDF or Word format (as appropriate). c. A copy of the deed that reflects the current owner of the property. If the application consists of several tracts, a deed of each tract is required. - d. A current legal description of the subject property. If the application consists of several tracts, a legal description of each tract is required along with an overall description of the combined tracts. No legal description should include more property than what has been requested for ROD approval. e. A copy of the paid tax receipts (City and County) for the subject property or a statement signed by an official in the Tax Commissioner's Office. f. Submit six (6) full-size scaled plats by a registered engineer, architect, land planner, or land surveyor currently registered in accordance with applicable state laws. Plans must be stamped. The plot plans must show dimensions, adjoining streets with right-of-way (present and proposed), paving widths, the exact size and location of all buildings along with the intended use, buffer areas, parking spaces, lakes, streams, utility easements, limits of 100-year flood plain, adjoining property owners, ~ 4 - J. k. - ORDINANCE No. 2005-38 zoning of adjoining property, street address, and distance to the nearest street intersection. g. Sub-division plats must have a legend showing lot density for the total acreage. h. Submit six (6) full-size scaled plans of the Tree Protection Plan. A registered landscape architect must prepare the Tree Protection Plan. The Tree Protection Plan shall meet the City's requirements under Section 106-36 of City Ordinance 2003-8. 1. Provide elevations and floor plans, along with a description of exterior wall coverings and finishes to be used. Provide a letter from Smyrna's Public Works Director verifying water and sewer availability and capacity. If the property is or will be on a septic tank, contact the Cobb County Health Department. Approval must be obtained prior to the filing of the application for rezoning. I. A development that exceeds 100,000 net square feet or 75 dwelling units will be required to submit a traffic, water, sewer, and school impact statement with the rezoning application. A development that is less than 100,000 net square feet or 75 dwelling units may be required to submit one or all of the above statements upon request. A final decision, by the Mayor and City Council, may not be made until these statements are received with the ROD application. m. Any office development which exceeds 400,000 gross square feet, commercial development in excess of 300,000 gross square feet, mixed use covering more than 120 acres or exceeding 400,000 gross square feet, industrial proposal in excess of 400 acres, employing 1,600 persons or exceeding 500,000 gross square feet, housing proposal in excess of 400 units, hotel proposal in excess of 400 rooms, or hospital proposals in excess of 300 beds or generating more than 375 peak hour vehicle trips per day, must undergo a Development of Regional Impact (DRI) review. - Once a completed rezoning package is received by Smyrna's Community Development Office, an Initial DRI Information 5 (719.9) ORDINANCE No. 2005-38 form will be prepared by the office and submitted to the Atlanta Regional Commission, Georgia Regional Transportation Authority, and Georgia Department of Community Affairs to determine whether or not the proposed development should be processed as a DR!. If the proposed development is determined to be a DRI, then a DRI Review Initiation Request form shall be prepared by Smyrna's Community Development Office and submitted along with any requested information. Final action can be taken by the City until all state agencies have completed their review and comments. - Use limitations. (1) In order to encourage pedestrian oriented mixed use development, traditional lot by lot restrictions such as minimum lot sizes and setbacks shall not apply. Rather, all projects must be consistent with the Concept Plan, as approved by the Council. Additionally, applicants will be required to submit a letter of intent that specifies the types of uses desired within the redevelopment proposal. (2) Development/redevelopment proposals must demonstrate a mixture of residential and non-residential land uses. At least 30% (and no more than 60%) of the proposal's land uses must be non- residential. - (3) Loading and service areas should be located within the interior of the project, or screened through the use of building elements, opaque walls or fences. (4) Development/redevelopment proposals must comply with the standards of the City's Tree Preservation Ordinance. These standards may be reduced up to 10% (RDF-Replacement Density Factor) if xeriscaping is implemented. (5) Development/redevelopment proposals must include a property owner's association with bylaws or covenants containing the following . . . . mInimUm prOVISIOns: . Governance of the association by the Georgia Property Owner's Association Act (OCGA 44-3-220 et seq.) or a successor to that Act that grants lien right to the association for maintenance expenses and tax obligations. Responsibility for maintenance of common areas, buffers and recreation areas. Responsibility for insurance and taxes. - . . 6 ORDINANCE No. 2005-38 . Automatic compulsory membership of all property owner and subsequent lot purchasers and their successors; and compulsory assessments. Conditions and timing of transferring control of the association from the developer to the property owners. Guarantee that the association will not be dissolved without advance approval of the City of Smyrna. Restriction of time of commercial deliveries and dumpster pickup. - . . . (6) In a mixed-use scenario within community activity centers, 15% of the total number of proposed residential units may be rental if connected and integrated with the proposed non-residential uses. Any new rental units must replace existing rental units within a ~ mile radius of the project area at a rate of 1 new rental unit for every 2 existing rental units to be replaced. - (719.10) When a development/redevelopment proposal is within a property delineated as community activity center, as shown on the City's Comprehensive Plan, as may be amended from time to time, the maximum FAR shall be 1.75. Residential densities shall range between 12- 24 units per acre. All development/redevelopment proposals must earn a total of 12 points by including a combination of the following features: - 4 Points - Proposed setbacks that create a contiguous and consistent building edge along a public sidewalk (which exists or is proposed). 3 Points - Surface parking is minimized by the use of a parking deck that is either designed to resemble a building or located behind a building, or surface parking is located adjacent to local streets to enhance pedestrian safety. 1 Point - Public plaza that is integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture. 2 Points - Public plaza that is integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture and includes a significant community gathering place such as a stage, garden, monument or educational feature. 3 Points - Multimodal connections or Transit stop/plaza that are integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture. 7 ORDINANCE No. 2005-38 2 Points - If 15% of the proposed "for sale" residential units are connected and integrated with proposed non-residential use and considered affordable. For the purpose of this section, affordable shall mean units intended for occupancy (rental or ownership) by household earnings no more than 80% of the Atlanta Metropolitan Statistical Area's (MSA) median household income, as may be adjusted from time to time. Alternatively, 15% of the units may also be designed for seniors and be consistent with the State's "Easy Living Standards". - (719.11) When a development/redevelopment proposal is within a property delineated as mixed-use, as shown on the City's Comprehensive Plan, as may be amended from time to time, the maximum FAR shall be 2.5. Maximum residential densities shall range between 12- 40 units per acre. All development/redevelopment proposals must earn a total of 12 points by including a combination ofthe following features: 4 Points - Proposed setbacks that create a contiguous and consistent building edge along a public sidewalk (which exists or is proposed). 3 Points - Surface parking is minimized by the use of a parking deck that is either designed to resemble a building or located behind a building, or surface parking is located adjacent to local streets to enhance pedestrian safety. 1 Point - Public plaza that is integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture. 2 Points - Public plaza that is integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture and includes a significant community gathering place such as a stage, garden, monument or educational feature. 3 Points - Multimodal connections or Transit stop/plaza that are integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture. 2 Points - If 15% of the proposed "for sale" residential units are connected and integrated with proposed non-residential use and considered affordable. For the purpose of this section, affordable shall mean units intended for occupancy (rental or ownership) by household earnings no more than 80% of the Atlanta Metropolitan Statistical Area's (MSA) median household income, as may be adjusted from time to time. Alternatively, 15% of the units may - - 8 ORDINANCE No. 2005-38 - also be designed for seniors and be consistent with the State's "Easy Living Standards". (719.12) In the event that a BRT stop plaza is integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture, the maximum residential density may be approved at greater than 40 units per acre on a case by case basis 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. Approved by Mayor and Council this 3rd day of October, 2005. - Attest: A. Max Bacon, Mayor f)~ Su an D. Hiott, City Clerk City of Smyrna Approved as to form: - 9 ,,-.. ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number Land Lot 677 Acres .828 2005-29 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on October 3,2005 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 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, t~ 3rd October, 2005. _, ~ y~~ A. Max Bacon, Mayor day of ~i~e~k~ City of Smyrna - ,1 ~__ __ Scott A. oc ran, City Attorney --------- City of Smyrna Ordinance #2005-29 Exhibit "A" -- Bennett Property and Pritchard Property Annexation Lois Street and Main Street All that tract or parcel of land lying and being in Land Lot 667, 1 ih District. Cobb County, Georgia and being more particularly described as follows: Begin at the intersection of the south right-of-way of Main Street (right-of-way being 15.3-feet from the centerline of the road) and the west right-of-way of Lois Street (right- of-way being 15.8-feet from the centerline of the road). Thence along the right-of-way of Lois Street South 06 degrees 10 minutes 36 seconds West a distance of299.73 feet to a point; Thence leaving the right-of-way of Lois Street North 83 degrees 16 minutes 27 seconds West a distance of 120.86 feet to a point; Thence North 06 degrees 47 minutes 06 seconds East a distance of99.91 feet to a point; Thence North 06 degrees 07 minutes 29 seconds East a distance of201.05 feet to a point located on the south right-of-way of Main Street; Thence South 83 degrees 17 minutes 00 seconds East a distance of 119.80 feet to the Point of Beginning; Said parcel of land contains 36,051 square feet or 0.828 acres of land more or less. ~ - October 3, 2005 Exhibit "A" Page 1 of 4 July 21, 2005 Frank L. Pritchard President Pritchard Brothers Inc. P.O. Box 2076 Kennesaw, GA 30156 City of Smyrna Planning and Zoning RE: Lois & Main Street Projects Annexation and Rezoning Dear Mayor and Council, T have enclosed sketches of two proposed products with a variety of elevations that will bt: used as a Basis of Design for the homes on Lois Street. Each home will have Senior Living Amenities on the first floor, which would include: A) Master on the main level B) Minimum step-up from garage to main level of 1 %" C) All doors on entries to be 3 ft. wide D) Sufficient bath room for wheelchair access E) Blocking in bath walls to allow handrails The elevations will be consistent with the type and style of Parkview Village. A steel picket with brick columns will separate the sidewalk from the living units. Very truly yours, ~y---, ~:t~ i~' , , t ....-o"f~ ; \ ~, -' \ (-t"'C ~. -,_ \ '-:,,,,-,- ,__,,-, Frank L. Pritchard President I I Pritchard Brothers, Inc., P.O. 2076, Kennesaw, Georgia 30156 . (770) 794-9204 August 8, 2005 October 3,2005 Exhibit "A" Page 2 of 4 City of Smyrna Community Development Department Attn: Christopher S. Miller AICP, Director Re: Rezoning Case Z05-015 Dear Mr. Miller, I am in receipt of your memorandum of August 2, 2005 regarding my request for annexation and rezoning. The principal objective of our proposed development is to create a transitional area between present commercial development and existing residential areas. This requires the do'\\rn- zoning of forty (40) percent of the property from GC to RAD-C and the annexation of two (2) pieces and rezoning them from Cobb County R-20 to RAD-C. The development of the commercial property as commercial would add significantly to the traffic and congestion of Lois Street and negatively affect adjoining residential owners. Our proposal is not for commercial or town home units. It is for single family detached units. Allin!! in Place Our designs are not intended to be marketed to seniors only. They are not intended to comply with items 20, 21, and 22 of the special stipulations. The intent is to address a need for either the "Baby Boomer" generation or the young couple wishing to move to Smyrna. Our homes will include features which will accommodate both. Specifically, our homes will include: . Master bedroom qn the main level . Minimum step up from garage to main level of one and a half (1112) inches . All first floor doors on entry to be three (3) feet wide . Sufficient master bath for wheelchair access . Blocking in bath walls to allow handrail addition It was not our intent to install a fire sprinkler system in each unit nor is it required by the City of Smyrna Fire Marshal. "... In previous meetings with council member Lnenicka I reviewed our concept and submitted a plan for twelve (12) units. At his request, we reduced our plans to eleven (11) units with an area to be utilized as a meeting area. Pritchard Brothers, Inc., P.O. 2076, Kennesaw, Georgia 30156 · (770) 794-9204 ,... September 9, 2005 City of Smyrna Community Development Department Attn: Christopher S. Miller AICP, Director October 3,2005 Exhibit "A" Page 3 of 4 Re: Rezoning Case Z05-015, Lois Street & Main Street Dear Mr. Miller, In the planning and zoning meeting of August 8, 2005, several concerns were put forth that may have influenced the board to reject our proposed annexation and rezoning. Tree Plan Concern was voiced that the county arborist questioned the area for tree planting. In order to address this concern we have obtained agreement from the adjoining property owner to the west to allow for a heavy landscape buffer in the area between our properties. In addition, ,... we have removed the sidewalk from the front of the property. At the presentthere is no sidewalk on all of the west side of Lois Street nor is one planned. It is suggested that a sidewalk on the east side of Lois Street would provide better usage as it would connect with the existing sidewalk at Lois Pointe. An alternative would be to provide five hundred (500) feet of sidewalk on the south side of Powder Springs Street. Rillht ofWav We agree to provide five (5) feet of right of way on Lois and Main Street and to provide sidewalk on Main Street. Parking Our plan has been revised to provide underground retention. The space saved will be used to provide four (4) parking spaces which will be monitored and controlled by the Homeowners Association. Said places will not be used by residents, but will be exclusively used by guests. In addition, each residence will have a nineteen (19) foot by eighteen (18) foot pad at the garage entrance which will serve to accommodate guest parking. Again, the Homeowners Association will have the right and duty to monitor and control residence parking. No resident will use this area for parking, ,... Density The proposal for conversion of this property from commercial to residential is economically feasible when providing for eleven (11) single family detached units. Deviation to nine (9) or ten (l0) units would not be expected to be feasible. ~ Very Truly Yours, o ~ (=:1-J--J~ Frank L. Pritchard President, Pritchard Brothers, Inc. Pritchard Brothers, Inc., P.O. 2076, Kennesaw, Georgia 30156 I!; (770) 794-9204 September 26, 2005 October 3, 2005 Exhibit "A" Page 4 of 4 City of Smyrna Community Development Department Attn: Christopher S. Miller Alep, Director Re: Rezoning Case Z05-0l5, Lois Street & Main Street Dear Mr. Miller, I have reviewed your memo of September 19, 2005 and would like to clarify several points. We are willing to accept all special stipulations with clarification of the following: . Item 7: Does not apply. "... · Items 14: The front setback which will be measured from the existing property line before the granting of a 5 foot right of way to the city. · Item 16: The original staff letter of August 2nd called for "19 foot minimum length from building face to private drive". This is acceptable. The revised staff letter of September 19th requests a 22 foot minimum length. · Items 20, 21, and 22: These homes will be built to incorporate "easy living" standards of the "aging in place" concept. As such they will have: o Easy access: a step-free entrance into the main floor o Easy use: a bedroom, kitchen, wheelchair-friendly bathroom and entering area all on the main floor o Easy passage: every interior door on the main floor provides a minimum of 32 inches of clear passage They are not designed to be exclusive senior living residences. They will not require . fire sprinkler systems. Very Truly Yours, a-~~ ,.... Frank L. Pritchard President Pritchard Brothers, Inc. Pritchard Brothers, Inc., P.O. 2076, Kennesaw, Georgia 30156 E (770) 794-9204