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05172004 May 17, 2004 Council Meeting May 17, 2004 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The council meeting was preceded by a called work session and a regular work session. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, Deputy City Clerk Lee Miller, City Attorney Scott Cochran, Assistant Fire Chief Jason Lanyon, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, Community Development Director Chris Miller and representatives of the press. Invocation was given by Council Member Wood, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Mrs. Janet Sue Gray, Dr. Mark Marshall, Ms. Laura Rosich and students from Griffin Middle School. Mrs. Gray provided details of the students' activities and accomplishments to those present. Mayor Bacon recognized Ms. Kirk, who provided details of awards recently garnered by the City's Keep Smyrna Beautiful Commission (KSB) to those present. Several KSB volunteers were present, and Ms. Kirk introduced them to the assembly. Ms. Kirk also read the names of several other KSB volunteers who could not attend, and commended all the volunteers for their contributions to the betterment of the City. MIll Mayor Bacon recognized Mr. R. J. McCurry, and Mayor Bacon commended Mr. McCurry for serving on the Smyrna Planning and Zoning Board (PZB) for more than sixteen years. Mayor Bacon presented Mr. McCurry with a glass jonquil in appreciation of his service to the City. Council Member Scoggins expressed appreciation to Mr. McCurry for his contributions to the City through service on the PZB. Mr. McCurry stated he has enjoyed serving on the PZB. Mayor Bacon recognized Mr. Alex Backry, and Mr. Backry expresseo views regarding wildlife and animal control to those present. Mayor Bacon recognized Ms. Sam Sammon, -residing at 6007 Bordeau Walk, and Ms. Sammon showed to those present a collage of photographs she assembled illustrating 26 empty retail spaces in the City. Ms. Sammon stated she believes a dearth of suitable retail establishments exists in Smyrna, and that residents will be taking their business to other localities. Mayor Bacon recognized Ms. Glenda Krebs, residing at 2225 Harold Lane, and Ms. Krebs expressed concerns about the drainage infrastructure in the vicinity of her residence. Ms. Krebs showed photographs to those present illustrating drainage conditions. Mayor Bacon recognized Ms. Kristy Rogers, residing at 2620 Highland A venue, and Ms. Rogers expressed concerns aboutthe adequacy of certain parts of the City's tree preservation ordinance to those present. Ms. Rogers made some suggestions regarding possible improvements for the ordinance. MIll Mav 17.2004 2 Mayor Bacon recognized Mr. Steve Claire, residing at 1144 Oakdale Drive, and Mr. Claire reminded those present about some upcoming Optimist Club golftoumaments. Mr. Claire thanked everyone for their support of the Smyrna Optimist Club. - MAYOR'S REPORT: Mayor Bacon commented favorably about the concert in the Village Green last weekend. LAND ISSUES/ZONINGS/ ANNEXA TlONS: (A) Approval of Abandonment of Terry Drive Right of Way Mr. Wright stated the subject tract is an unimproved right-of-way (ROW) included in a recent annexation. Mr. Wright stated the subject ROW serves no purpose and provides no benefit to the public in its present state. Council Member Wood stated the subject ROW is in the area of Oak dale Road. MOTlON: Council Member Wood made a motion to approve the abandonment of the right-of- way on Terry Drive. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (B) Rezoning Request Z04-005 - R-15 to RAD Conditional - 1524 Walker Street - Joni T. Mitchell Mr. Wright stated this proposal entails rezoning a single-family property for construction of three craftsman-style houses with a density of 4.37 units per acre. Mr. Wright stated that PZB voted in favor of this rezoning, and that staff supports the request with a number of conditions. - Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least two persons by Mr. Cochran. Council Member Scoggins recognized Mr. Garvis Sams, and Mr. Sams stated he is the attorney representing the applicant. Mr. Sams stated that, pursuant to recommendations of staff and PZB members, the applicant has agreed to reduce the number of structures at the subject location from four to three. Mr. Sams stated that other plan revisions include positioning of garages in the rear of the proposed structures, and the dedication of additional ROW on Walker Street. Mr. Sams stated the subject tract comprises .685 acres on Walker Street. Mr. Sams stated that Ms. Mitchell has personally met with many ofthe residents in the subject area to explain this proposal to them. Mr. Sams expressed the view that the proposed density of 4.37 units per acre is consistent with other redevelopment in the City, and that this density is appropriate to the subject location. Mr. Sams stated the applicant is amenable to the conditions of rezoning promulgated by the City's staff. Mayor Bacon recognized Mr. Chris Miller, and Mr. Miller stated the proposed density in this case is not extremely high, and that it is consistent with the downtown area of the City. Council Member Scoggins asked Mr. Miller if the projected square footage of the planned structures is somewhat high, and Mr. Miller stated that the dimensions of the proposed structures are high in comparison to existing structures in the subject area. Council Member McNabb stated that, although he is concerned about developments with densities in excess of four units per acre, he believes that Ms. Mitchell has done very well with the overall planning of this project, and that - Mav 17,2004 3 - he supports this rezoning. Mayor Bacon recognized Mr. David Whited and Mrs. Ann Whited, residing at 1499 Walker Street, and Mr. and Mrs. Whited expressed opposition to the proposed rezoning. Mrs. Whited expressed the view that the proposed density at the subject location is too high. MOTION: Council Member Scoggins made a motion to approve Rezoning Request 204-005 from R-15 to RAD Conditional at 1524 Walker Street for Joni T. Mitchell. The motion was seconded by Council Member Pritchett. Council Member Lnenicka asked if the motion includes the eleven stipulations recommended by the City staff, and Council Member Scoggins answered in the affirmative. Council Member Newcomb stated the real density of the proposed project, based on the amount ofland that can be actually utilized, is higher than it may seem. Council Member Newcomb expressed concern about approving an increase in density for part of an area instead of the entire area, and stated the measure under consideration seems like spot zoning. Council Member Smith stated he agrees with Council Member Newcomb's assessment of this proposal, and that he believes that two units per acre would be more appropriate for this area. Motion was approved 5 - 2, with Council Members Newcomb and Smith in opposition. (C) Rezoning Request 204-006 - R-20 to RAD Conditional - Oakdale Road - PC Homes, LLC Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. ... Mr. Wright stated a sixty-four unit single family subdivision adjacent to Oakdale Road south of Roberts Drive is planned for the subject tract. Mr. Wright stated the density for the subdivision is proposed to be 3.47 units per acre. Mr. Wright stated the measure is being tabled to provide time for the applicant and City staff to analyze the findings of an archaeological survey of American Civil War period earthworks recently conducted on the subject property. Mayor Bacon recognized Ms. Ann Stephens, residing at 6013 Oakdale Road, and Ms. Stephens stated the archaeological survey of the subject property indicates the American Civil War period fortifications there are well-preserved. Ms. Stephens asked the Mayor and Council Members to take the historical and natural value of the subject property into consideration when making a decision about the use of this land. Mayor Bacon recognized Ms. Mary Rose Barnes, who stated she agrees with the viewpoints expressed by Ms. Stephens. MOTION: Council Member Wood made a motion to table Rezoning Request Z04-006 from R-20 to RAD Conditional on Oakdale Road for PC Homes, LLC until the June 21,2004 council meeting. The motion was seconded by Council member Smith. Motion to table the measure was approved 7 - O. (D) Approval of Annexation Request (100% of property owners requesting annexation)- 18.93 Acre Tract - 18th District; Land Lot 63, Parcels 9, II, 12, 16,23, 27 and 29; Land Lot 170; Parcels 9, 10 and II - Oakdale Road - Various Owners ... MOTION: Council Member Wood made a motion to table approval of annexation request for an 18.93 acre tract, 18th District; Land Lot 63, Parcels 9, 11, 12, 16,23,27 and 29; Land Lot 170; Parcels 9, 10 and lIon Oakdale Road for various owners until the June 21, 2004 council meeting. 1'> ~\ May 17,2004 4 (E) 2.558 Acre Tract - I ih District, 2nd Section, Land Lot 305, Parcel 54 - Old Concord Road and Hickory Acres Drive - Allan Khalife - I. Rezoning Request Z04-007 - R-15 to RAD Conditional - 2730 Old Concord Road - Allan Khalife Mr. Wright stated the applicant is proposing to rezone the subject property for construction of nine single-family homes at a density on.52 units per acre. Mr. Wright stated that PZB has voted to recommend approval of the rezoning, and that staff supports the request with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several people by Mr. Cochran. Council Member Smith recognized Mr. Khalife, and asked Mr. Khalife to provide details to those present regarding the project he has proposed for the subject property. Mr. Khalife showed various graphic representations to those present illustrating his plans for redeveloping the subject tract. Mr. Khalife described features proposed for the houses which are designed with mature occupants in mind. Mr. Khalife stated a minimum size of 2,000 s.f. is needed for the new houses in order to have sufficient area for the amenities he would like to build in to each one. Mr. Khalife stated that four of the structures facing Old Concord Road and Hickory Acres Drive will feature brick construction on four sides. Mr. Khalife stated the houses will consist of one storey and will include a basement. Council Member Smith asked Mr. Khalife if it is correct that the original plan for the construction of twelve houses on this property was reduced to nine units, and Mr. Khalife answered in the affirmative. Mr. Khalife stated the total number of units was reduced to nine in order to achieve a lower density. - Mayor Bacon recognized Mr. Darryl Carter, residing at 2690 Bent Hickory Drive, and Mr. Carter expressed concern regarding the proposed density ofthe planned construction. Mayor Bacon recognized Ms. Jill Evans, residing at 371 Hickory Acres Drive, and Ms. Evans stated that, although the density of the proposed construction is somewhat high, she is not necessarily opposed to the proposed density. Ms. Evans stated she is concerned that some of the new houses may be used for rental purposes. Ms. Evans stated she would like to see some conditions for this development requiring restrictions on rental of the new houses. Ms. Evans expressed concerns about hazardous materials such as asbestos which may be contained in the existing structure, and Mr. Cochran stated that State and Federal laws require proper disposal of such materials. Mayor Bacon recognized Mr. Jeff Huberty, residing at 1005 Natalie Lane, and Mr. Huberty asked ifthe proposed homeowners association (HOA) will be responsible for providing maintenance for the detention pond planned for the subject property, and Council Member Smith answered in the affirmative. Mr. Huberty expressed concern about water runoff in the area of his residence. Mayor Bacon recognized Mr. Jim Williamson, residing at 1003 Natalie Lane, and Mr. Williamson expressed concern about the density of the proposed cons':ruction. Mr. Williamson expressed concern about water runoff in the area of his residence which could result from new construction nearby. Mr. Williamson expressed concerns about granting an easement to the applicant, and stated he has made no decision yet regarding the granting of the easement. - May 17,2004 5 - Mr. Khalife stated his plan for managing water runoff on the subject property entails holding all the water runoff from the subject two-and-a-half acre tract and re-routing it towards Hickory Acres Drive. Mr. Khalife stated that a landscape plan created by a landscape architect will be an option available to purchasers. 2. Approval of Annexation Request (100% of property owners requesting annexation) - 2.558 Acre Tract - I ih District, 2nd Section, Land Lot 305, Parcel 54 - Old Concord Road and Hickory Acres Drive - Allan Khalife MOTION: Council Member Smith made a motion to approve the annexation request for a 2.558 acre tract, I ih District, 2nd Section, Land Lot 305, Parcel 54 on Old Concord Road and Hickory Acres Drive for Allan Khalife. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. 3. Approval of Rezoning Request 204-007 - R-15 to RAD Conditional - 2730 Old Concord Road - Allan Khalife Council Member Smith stated that the density of the proposed construction has been reduced from the original plan oftwelve units to nine. Council Member Smith stated that this rezoning is a part of the beginning of the redevelopment of the west side of the City. - MOTION: Council Member Smith made a motion to approve Rezoning Request 204-007 from R-15 to RAD Conditional for 2730 Old Concord Road for Allan Khalife. The motion was seconded by Council Member Wood. Council Member Smith stated the motion includes all staff stipulations, as well as additional requirements for an inspection for hazardous materials, detention of twenty percent of water runoff on the subject tract, appropriate landscaping to include a tree line for the area of the detention structure and a HOA regulation prohibiting rental of the houses. Council Member Scoggins commended Council Member Smith for helping to bring senior citizen oriented housing to the City; Council Member Smith stated the credit for this idea belongs to Mr. Khalife. Motion was approved 7 - O. (F) Approval of Annexation Request (l00% of property owners requesting annexation) -1.21 Acre Tract - I ih District, 2nd Section Land Lot 677, Parcels 13 and 14 - I 890 and 1900 Main Street - Juanita Godfrey and Larry Boggs Mr. Wright stated the City Engineer has reviewed the legal description of the subject property and found it to be in order. MOTION: Council Member Lnenicka made a motion to approve the annexation request for Land Lot 677, Parcels 13 (.44 acres) and 14 (.77 acres), 17th District, 2nd Section, at 1890 and 1900 Main Street for Juanita Godfrey and Larry Boggs. The motion was seconded by Council Member Smith. Motion was approved 6 - O. (Clerk's Note: Council Member Wood was not present at the time of this vote) (G) Variance Request V04-016 - Reduction in Minimum Lot Size in South Cobb Drive Overlay District - 4585 South Cobb Drive - Carter and Associates - Mr. Wright stated the regulations of the South Cobb Drive Overlay District require lots fronting South Cobb Drive to be a minimum of three acres in size. Mr. Wright stated the applicant is requesting a variance from this requirement. Mr. Wright stated the applicant is proposing to build several commercial buildings on the subject property. Mr. Wright stated staff recommends ~, .~ May 17,2004 6 approval of the variance with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to numerous persons by Mr. Cochran. - Council Member Lnenicka recognized Mr. Bradley Fulkerson, Senior Vice President of Carter and Associates (CA), and asked Mr. Fulkerson to provide details of the proposed project to those present. Mr. Fulkerson stated CA is assisting Humphries and Company (HC) with finding solutions for their real estate and office space needs. Mr. Fulkerson stated that the principals of HC are planning to locate the company's main office in the City of Smyrna. Mr. Fulkerson stated it is proposed to create a mixed-use development on the subject tract to include office space, potential retail and additional commercial use along the frontage. Mr. Fulkerson stated the variance request under consideration would allow the site to be subdivided so that two or more users can be a part of one development. Mr. Fulkerson stated the subject tract is currently zoned General Commercial (GC), and that the applicant is agreeable to the stipulated prohibition of numerous uses usually allowed under GC zoning guidelines. Mr. Fulkerson stated the applicant is agreeable to the prohibition ofthe following uses for the subject property: . Package Store . Pawn Shop / Title Pawn Shop . Pool Hall . Tattoo Parlor . Massage Parlor or Establishment . Check Cashing Establishment . Car Wash . Taxi Services . Lounge, Night Club, Tavern or Bar Establishment . Automobile or Truck Sales or Service . Service Stations . Convenience Store . Adult Book Store / Adult Novelty Store . Pornographic Theater . Any Entertainment Establishment featuring Nude Dancers or Nude Entertainment . Any Business that emits offensive odors, fumes, dust, vapors, loud noise or sounds - Mr. Fulkerson stated the applicant is also agreeable to stipulated limitations on egress from the subject property at the Lois Street curb cut to restrict vehicles from left turns in order to prevent traffic from entering the residential areas there. Mr. Fulkerson stated the applicant is agreeable to the dedication of additional property for use as ROW. Mr. Fulkerson stated that the applicant is agreeable to rezone a portion of the subject tract to Office Institutional (01), a usage that is generally considered to be less intense than Gc. Mr. Fulkerson estimated the value ofthe agreed- upon improvements and additional dedicated ROW at the subject location to be at least $80,000. Council Member Lnenicka asked Mr. Fulkerson to provide to those present details regarding the types of businesses proposed for the part of the property along South Cobb Drive. Mr. Fulkerson stated a well-established banking company has expressed preliminary interest in locating a branch office on the South Cobb Drive side ofthe subject property. Mr. Fulkerson showed graphic representations to those present depicting various structures and improvements proposed for the subject tract. Council Member Lnenicka asked Mr. Fulkerson if the applicant would consider additional prohibited uses for the subject property, Le., tanning salon, loan office, pet services to include veterinary services and drive-through restaurants, which were recommended by a -- May 17,2004 7 - resident. Mr. Fulkerson provided explanations to those present as to why the additional types of businesses suggested for prohibition as a condition of the variance should not be proscribed. Mr. Fulkerson introduced Mr. Jimmy Humphries and Mr. Scott Moore from HC to those present, and Mr. Humphries and Mr. Moore expressed similar views about wishing to build an office facility in the subject location that will fit in well with the surrounding area. Council Member Lnenicka asked Mr. Moore if it is correct that the South Cobb Drive side of the proposed HC office facility as well as the opposite side ofthe building will both have the appearance of a front or main side, and Mr. Moore answered in the affirmative. Council Member Lnenicka asked Mr. Moore if it is correct that an entrance on the Main Street side of the building controlled by an electronic gate accessible only by HC personnel is planned, and Mr. Moore answered in the affirmative. Council Member McNabb asked Mr. Fulkerson how many lots adjacent to the subject property are comprised of less than three acres. Mr. Fulkerson stated there are two tracts adjacent to the subject property, and that both of them are comprised of less than three acres. Mayor Bacon recognized Ms. Mary Rose Barnes, residing at 4756 Oakdale Road, and Ms. Barnes stated that, because the present hearing is for consideration of a variance, she is uncertain why a zoning change to 01 has been discussed. Ms. Barnes stated she has a petition with the signatures of fifty-one persons who are in opposition to traffic outlets on Main Street or Lois Street. Ms. Barnes expressed concerns regarding vehicles entering and exiting the subject property and traffic in the affected area. Ms. Barnes read a letter to those present from the Cobb County Board of Commissioners to Mayor Bacon dated May 12, 2004 in which objections to the submitted annexation application are set forth. - Mayor Bacon recognized Ms. Beth Figaretti, residing at 1985 Main Street, and Ms. Figaretti expressed concerns about the safety of the intersection of Lois Street and Main Street. Ms. Figaretti stated the streets in this area are narrow, and that she believes there should be no curb cut on Main Street. Mayor Bacon recognized Mr. David Guay, residing at 4495 Oakdale - Vinings Landing, and Mr. Guay expressed the view that there should be no curb cut on Main Street. Mr. Guay expressed concerns about traffic safety in the subject area. Mr. Guay stated that access to the subject property should be limited to the South Cobb Drive side. Mayor Bacon recognized Mr. Frank Pritchard, and Mr. Pritchard stated he has signed the petition of opposition to traffic outlets on Main Street or Lois Street. Mr. Pritchard expressed concerns about the safety of motorists making a left turn off South Cobb Drive onto Lois Street. Mr. Pritchard stated that he believes the proposed curb cut should be on Main Street instead of Lois Street. Mr. Pritchard stated he is concerned about possible traffic safety problems which could materialize in the subject area. Mayor Bacon recognized Ms. Mary Rose Barnes, and Ms. Barnes expressed the view that changing the zoning of the subject property to 01 would nullify the stipulations of the variance. ... Mr. Fulkerson stated that on the present date an application for rezoning 1.77 acres of the subject tract was submitted to the City's Community Development office. Mr. Fulkerson stated the applicant will consult with legal counsel to make certain the conditions of this variance will still apply to the subject property regardless of whether or not it is rezoned. Mr. Fulkerson stated the applicant is in agreement with the citizens who feel that there should be only one curb cut on the subject property along South Cobb Drive. Mr. Fulkerson stated the entrance to the subject property on South Cobb Drive will be the main entrance. Mr. Fulkerson stated the dedication of additional ROWand installation of sidewalks, curb and gutter agreed to by the applicant should '\ .'~ May 17.2004 8 help ameliorate some ofthe traffic problems which exist in the area of Main Street and Lois Street. Council Member Lnenicka stated it is possible that a shopping center or other use not compatible with the surrounding area could be built on the subject property. Council Member Lnenicka stated there have been numerous nuisance ordinance violation problems in the subject area over the years. Council Member Lnenicka stated the applicant has agreed to limit the number of permitted uses for the subject property, and to make efforts to mitigate any possible unfavorable impact oftheir proposal. Council Member Lnenicka stated he believes the applicant's proposal is in keeping with the spirit and intent of the South Cobb Drive Overlay District regulations. Council Member Lnenicka stated one of the objectives the City's leadership has wanted to accomplish is to eliminate a proliferation of small individual house sites converted to commercial usage, each with its own sign and driveway. Council Member Lnenicka stated the City's leadership believes a piecemeal approach, i.e., house by house, lot by lot, is not the way South Cobb Drive should be developed. Council Member Lnenicka stated that such an unmethodical approach would yield a result that would be unsafe, unattractive and generally not in the best interests of a community wishing to move in a progressive direction. Council Member Lnenicka stated the location of the entrance to the subject property on South Co~b Drive will be determined by State authorities. Council Member Lnenicka stated the City will be working with reputable organizations in this case, and that he is confident they will do what they have pledged to do and create a development that is an asset to Smyrna. - MOTION: Council Member Lnenicka made a motion to approve Variance Request V04-016 for reduction in minimum lot size in the South Cobb Drive Overlay District for 4585 South Cobb Drive Carter and Associates with the following stipulations: 1. All connections to South Cobb Drive shall be approved by the State of Georgia and the City of Smyrna. The entrance on South Cobb Drive shall include a deceleration lane approximately ISO' in length with a 50' taper and any other design elements required by the City Engineer or the State of Georgia. - 2. The developer shall be required to dedicate an additional 10' of right-of-way for Main Street and 5' for Lois Street. 3. All applicable zoning standards associated with the General Commercial District (including the 50' building setback and 10' buffer adjacent to residentially zoned property) and South Cobb Drive Overlay District shall remain in effect for the development. Setbacks and buffers shall be measured from the property line prior to the dedication of any additional roght-of- way. 4. One landscape island shall be provided for every lOth parking space. The number of parking spaces above code requirements shall be minimized as much as possible. 5. An electronic gate system shall be installed and maintained in good working order on the entrance to Main Street, and on the internal driveway leading to the northern-most property parcel. The gate system will preclude through traffic between Main Street and the General Commercial property on South Cobb Drive. Access keys or codes for the gate system will be limited to employees of the office building on the northern-most property adjacent to Main Street. 6. The office building to be constructed near Main Street will be built to appear substantially as -' May 17.2004 9 per the elevations and colors presented to the City with this Variance request. ... 7. No monument signs or other types of signs (other than allowed building wall signs as per the Smyrna Sign Codes) will be placed on Lois Street or Main Street. 8. The following uses are prohibited on any property within the proposed development: . Package Store . Pawn Shop I Title Pawn Shop . Pool Hall . Tattoo Parlor . Massage Parlor or Establishment . Check Cashing Establishment . Car Wash . Taxi Services · Lounge, Night Club, Tavern or Bar Establishment other than one secondary to a bona fide restaurant operation . Automobile or Truck Sales or Service . Service Stations . Convenience Store . Adult Book Store I Adult Novelty Story . Pornographic Theater · Any Entertainment Establishment featuring Nude Dancers or Nude Entertainment · Any Business that emits offensive odors, fumes, dust, vapors, loud noise or sounds 9. Developer agrees to install curb & gutter, and sidewalks, along their Lois Street frontage and from their property on Lois Street south to South Cobb Drive as per the City Engineer's requirements. - 10. Developer agrees to install curb and gutter, and sidewalks, along their Main Street and South Cobb Drive frontages as per the City Engineer's requirements. I I. Developer agrees to install decorative streetlights of a type to be approved by the City Engineer. 12. Developer agrees to install a strip of pavers or stamped concrete at least 20-30 feet deep across their entrances onto Lois Street and Main Street. The motion was seconded by Council Member Wood. Council Member McNabb stated there has been limited time available to review the most up-to- date version of the subject proposal. Council Member McNabb stated he would like to have adequate time to study this proposal to make certain that approving it IS the right action to take. Council Member McNabb stated this development could be a positive addition to the community, but he would like to table this measure to a subsequent meeting in order to provide additional time to address questions which have been raised. Council Member McNabb stated he will not support approval of this measure at the present time. - Council Member Smith stated he has visited the subject area many times, and that he has seen that the streets there are very narrow. Council Member Smith stated the developer should agree to widen Lois Street and Main Street and eliminate the curb cut on Main Street. Council Member Smith stated he will not support approval of this measure in its present form. \t "" Mav 17,2004 10 Council Member Newcomb stated the purpose ofthe South Cobb Drive Overlay District regulations is to make certain a large number of small parcels are not developed. Council Member Newcomb stated the proposed development is well-planned and will have a consistent appearance throughout. Council Member Newcomb stated the matter of a curb cut on Lois Street is overstated in terms of the impact it will have on drawing people to that site. Council Member Newcomb stated the subject tract is presently zoned GC, and that any of the commercial uses the developer has agreed to have prohibited by stipulation could lawfully be put into the subject location at any time without any requirement for management to consult with the city council about their proposal. Council Member Newcomb stated the City has been presented with a remarkable opportunity to be afforded input into this process because a requirement exists for a variance. Council Member Newcomb stated he supports this motion. - Motion was approved 5 - 2, with Council Members McNabb and Smith in opposition. (H) Approval of Name Change Request for Apartment Complex - 1675 Roswell Street Mr. Wright stated the City Code requires that names for streets, shopping centers and other such places be submitted to staff for review to make certain no duplication or confusing similarity exists which could impair delivery of service, especially emergency response services. Mr. Wright stated that staff has reviewed this request, and recommends that the request to change the name of the Gregory at Windy Hill Apartments to Megans Pointe Apartments be approved. MOTION: Council Member Scoggins made a motion to approve the name change request for the Gregory at Windy Hill Apartments at 1675 Roswell Street to Megans Pointe Apartments. The motion was seconded by Council Member Pritchett. Motion was approved 7 - o. - (I) Zoning Code Amendment - Section 1510; Special Land Use Permits, Non-residential- Ordinance 2004-16 Mr. Wright stated the City Code currently permits planned shopping developments with less than 40,000 square feet as a lIse-by-right in the Neighborhood Shopping (NS) Zoning District. Mr. Wright stated the General Commercial (GC) district does not have a similar limitation, so to address the potential impacts associated with large-scale commercial developments, staff recommends applying the review process currently in place for special land use permits to commercial developments in excess of 40,000 square feet. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Newcomb stated that under current GC regulations, there is no limit to the size of a commercial use that could be placed on a piece of property. Council Member Newcomb stated that commercial developments in excess of 40,000 square feet create special circumstances on a piece of property, and should come before the city council and be treated as a special land use permit. Council Member Newcomb stated this review process will give the City's leadership an opportunity to gauge the impact of the proposed usage in an area, to measure its compatibility with current zonings, and to look at other considerations associated with the issuance of a special land use permit. MOTION: Council Member Newcomb made a motion to approve a Zoning Code amendment to Section 1510; Special Land Use Permits, Non-residential. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - Mav 17.2004 11 (1) Zoning Code Amendment - Section 120 I; Conditional Devel0pments - Addition of Standard Conditions - Ordinance 2004-17 - Mr. Wright stated that during the past three years the majority of residential rezonings in the City have been given a conditional designation, i.e., the rezoning is conditioned on various stipulations. Mr. Wright stated the Mayor and Council have requested that the ordinance be amended to include a list of conditions typically associated with developments. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Newcomb stated that many stipulations are common to most conditional zonings, and that it therefore seems logical to include them in the ordinance as basic requirements for conditional developments. MOTION: Council Member Newcomb made a motion to approve a Zoning Code amendment to Section 120 I; Conditional Developments to provide for the addition of standard conditions. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (K) Rezoning Request - Residential Duplex [RD] to RAD Conditional - 798/792 Pat Mell Road - Mark Deno Mr. Wright stated the applicant seeks approval to build a basement unit in an existing duplex. Mr. Wright stated that staff and the PZB recommend denial of this rezoning request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - MOTION: Council Member Smith made a motion to deny the rezoning request from Residential Duplex (RD) to RAD Conditional at 798/792 Pat Mell Road for Mark Deno. The motion was seconded by Council Member Wood. Motion to deny the rezoning request was approved 7 - O. PRIVILEGE LICENSES: (A) Privilege License Request - Retail Pouring (Beer & Wine) - SEO Enterprises, Inc. DBA Wings Fiesta, 2500 South Cobb Drive #C - Myung Sook Seo, Applicant Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude the issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Smith recognized Ms. Myung Sook Seo, and asked Ms. Seo if she has ever had an alcoholic beverage sales license before. Ms. Seo stated this is the first time she has applied for such a license. Council Member Smith asked Ms. Seo ifshe has been familiarized with the training and identification requirements necessary for an alcoholic beverage sales license, and Ms. Seo answered in the affirmative. Council Member Smith asked Ms. Seo if she understands that undercover inquiries are conducted by local police authorities to guage the compliance of business operators with alcoholic beverage sales regulations, and Ms. Seo answered in the affirmative. Council Member Smith asked Ms. Seo what measures she would take to prevent the sale of alcoholic beverages to any underage person at her business establishment, and Ms. Seo stated that Wings Fiesta (WF) employees will be trained to check for proper identification. ,~ ""'~ May 17.2004 12 Mayor Bacon stated the best policy is to require all purchasers to present proper identification before any sales of alcoholic beverages are made. Council Member Lnenicka asked if Ms. Seo if she works on the premises at WF, and Ms. Seo answered in the affirmative. Council Member Lnenicka advised Ms. Seo it is important to comply with the law and prevent the sale of alcoholic beverages to minors, and stated that he wants to be certain she understands her responsibility in this matter. Ms. Seo stated she understands her responsibility as a license holder. - MOTION: Council Member Smith made a motion to approve the privilege license request for retail pouring (beer & wine) for SEO Enterprises, Inc. DBA Wings Fiesta, 2500 South Cobb Drive #C for Myung Sook Seo, Agent. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (B) Privilege License Request - Massage Practitioner - Pure Joy - 2580 Atlanta Road - Bethany Wood, Applicant Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to table the privilege license request for massage practitioner for Pure Joy at 2580 Atlanta Road for Bethany Wood, applicant, until the June 7, 2004 council meeting. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. FORMAL BUSINESS: (A) Notice of Intent to Update the City of Smyrna Solid Waste Management Plan Short Term Work Program - Mr. Wright recognized Mr. Mike Warrix, Vice President, Keck and Wood, Inc., and Mr. Warrix stated this is the second public hearing as required by the Georgia Department of Community Affairs for the updated short term work program for the City's solid waste management program. Mr. Warrix stated there will be a continuation of the work program adopted by the City back in 1998 with no significant changes. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Pritchett made a motion to approve the Resolution for submittal of the updated short term work program for the City's solid waste management program to the Georgia Department of Community Affairs. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (B) Appointment of Members to the Smyrna Hospital Authority MOTION: Council Member McNabb made a motion to appoint Mr. William T. Harvil, residing at 881 McLinden A venue, for another four-year term as Ward 4 Representative on the Smyrna Hospital Authority. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. MOTION: Council Member Wood made a motion to appoint Ms. Jane Ferguson, residing at 4012 Winding Valley Drive, for a four-year term as Ward 7 Representative on the Smyrna Hospital Authority. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. - Mav 17. 2004 13 (C) Appointment of Member to the Planning and Zoning Board - Ward 3 - MOTION: Council Member Scoggins made a motion to appoint Mr. Larry Jones for the unexpired term of Mr. McCurry as Ward 3 Representative on the Smyrna Planning and Zoning Board. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (D) Approval of Adoption of Standard Health Codes Mr. Wright stated that according to an intergovernmental agreement, Cobb County and Smyrna jointly enforce the health code. Mr. Wright stated that the Cobb County Board of Health has recently amended various health code regulations, and by adopting the amended regulations, the health code will be consistent with that of the County. Council Member Newcomb stated these regulations pertain to a large extent to food service establishments. MOTION: Council Member Newcomb made a motion to adopt the regulations of Cobb County Department of Human Resources Chapter 290-5-26 concerning on-site Sewage Management Systems and Chapter 290-5-14 concerning Food Service. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: (A) 6,000 s.f. Retail/Restaurant Building - 400 Village Green Circle - Fourth Quarter Properties - MOTION: Council Member Scoggins made a motion to approve a commercial building permit for a 6,000 s.f. retail/restaurant building at 400 Village Green Circle for Fourth Quarter Properties subject to the rules and regulations of the building inspector. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (B) 4,372 s.f. Office Building - 200 Maner Road - Edward Lunz MOTION: Council Member Wood made a motion to approve a commercial building permit for a 4,372 s.f. office building at 200 Maner Road for Freight Terminals/Watkins Motor Lines. The motion was seconded by Council Member Smith. Motion was approved 7 - O. CONSENT AGENDA: (A) Approval of May 3,2004 Minutes (B) Approval of April 29, 2004 Minutes (Special Called Meeting) (C) Approval of Agreement for Communications Tower at Chuck Camp Park - Sprint PCS wants to install a communications tower at Chuck Camp Park. The lease agreement will be for 15 years with a yearly rent of $18,000 and a 5 percent increase each year thereafter. Parks and Recreation has identified a site at Camp Park that will not interfere with the recreational uses in the park. The site will assist with improving l' ,.I...~.. I May 17,2004 14 (D) telecommunications coverage in Smyrna while generating income for the City. Approval of this agreement is recommended. Approval of Use of Council Chambers on Tuesday, May 25th, at 7:00 p.m. to discuss Quiet Zone Measures with Representative a of the Federal Railroad Administration - (E) Approval to Surplus Property (F) The following property is no longer needed for use by the City: one BARCO overhead projector, and one rolling stand for a metal detector. Staff recommends that the council declare these items as surplus and authorize the sale of these items by auction through eBA Y, since the Cobb Country auction will not allow us to submit items that cannot be stored outside in the weather. Approval of Renewal ofthe Intergovernmental Agreement for Health Insurance Plan Merger - City of Smyrna and Cobb County Government The purpose of this agreement is to renew the current Intergovernmental Agreement with the City of Smyrna and Cobb County regarding Health Insurance coverage. The original agreement, which was approved May 1, 2000, is now up for renewal. The agreement allows Cobb County Government to include the city's eligible employees under the County's health benefit plan via Blue Cross and Blue Shield of Georgia. If approved the renewal period would be from July 1,2004 through June 30, 2006. Effective with this July 1,2004 Intergovernmental Agreement renewal, any city that overpays their employee health care cost will be returned the overage amount. Likewise, any city that underpays will be required to contribute the additional amount. A quarterly billing process will be set up to monitor revenues and expenses. Human Resources recommends approval of this renewal of the Intergovernmental Agreement for the period July 1,2004 through June 30, 2006. -- MOTION: Council Member Scoggins made a motion to approve the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Wood recognized Ms. Edgar, who had no report. Council Member Lnenicka recognized Chief Hook and Assistant Fire Chief Lanyon, neither of whom had a report. Council Member Lnenicka stated that on May 27, the Atlanta Vietnam Veterans Business Association will dedicate a monument on the City Hall lawn in honor of a Smyrna soldier killed during the Vietnam War. Council Member Lnenicka stated that on May 31, a Memorial Day ceremony will be conducted at the Veterans Memorial. Council Member Lnenicka stated that Veterans Memorial commemorative pavers are still available for subscription. Council Member Lnenicka reminded those present that his website is still operating and accessible. Council Member Smith yielded the floor with no report. Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details of recent and upcoming City events and activities to those present. - May 17,2004 15 - Council Member Scoggins reminded everyone that on Tuesday, May 25th, at 7:00 p.m. a representative of the Federal Railroad Administration will be at City Hall for a meeting concerning railroad quiet zones. Mayor Bacon recognized Mr. Seigler, who had no report. Council Member Newcomb yielded the floor with no report. Council Member Pritchett recognized Mr. Stokes, who had no report. Council Member Pritchett recognized Ms. Kirk, who had no report. Mayor Bacon recognized Mr. Lee Miller, who provided details to those present concerning recent court services operations. CITIZENS INPUT: Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr. Martin expressed objections to the proposal approved at this meeting for placing a communications tower at Chuck Camp Park. Mr. Martin stated he is concerned that the tower could pose a hazard to children who may try to climb on it. ADJOURNMENT: With no further business, the meeting was adjourned at 11 :45 p.m. ... - Mav 17.2004 16 fi - A. MAX BACON, MAYOR ..---;z.~ ~ RON NEWCOMB, WARD 2 ~Jlt. t kd- MIC EL MCNA[l~ 4 - ~~~ CHARLES PETE WOOD, WARD 7 - May 17.2004 17 - Addendum 1 Staff Stipulations - Agenda Item 5 (8) Rezoning Request Z04-005 - R-15 to RAD Conditional _ 1524 Walker Street - Joni T. Mitchell 1. The development for 3 single-family residences will maintain the following setbacks: Front - 20', Side - 5', Between Buildings - 10' and Rear - 20'. 2. Each residence will be a minimum of 2,400 square feet in area. The composition of the homes 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. 3. The developer shall dedicate an additional 10' of right-of-way for Walker Street and provide a new sidewalk within the right-of-way. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk 4. There shall be protective covenants on all lots. The protective covenants shall be supplied to the City prior to the issuance of a building permit. 5. The 50' stream buffer shall be calculated as an average. 6. The retention 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. - 7. All utilities within the development shall be underground. 8. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 9. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. Street trees shall be planted along Walker Street and spaced at an average rate of one tree per every 40'. 10. Each lot shall have three 4" caliper trees replanted per lot. 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 11. The development shall provide a landscape buffer in the rear of the property to screen the common driveway from adjacent properties. Plant materials and quantities within the buffer shall be determined by the Community Development Director (or his designee) during plan review. - May 17.2004 18 Addendum 2 Staff Stipulations - Agenda Item 5 (E) Rezoning Request 204-007 - R-15 to RAD Conditional - 2730 Old Concord Road - Allan Khalife - 1. The development for 9 single-family residences will maintain the following setbacks: Front - 40', Side - 5', Street Side Yard - 20', Between Buildings - 10' and Rear - 20'. 2. Each residence will be a minimum of 1,800 square feet in area. The elevations for the residences shall be provided at least two weeks prior to the public hearing scheduled for May 17, 2004. The composition of the homes 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. Finally, the homes along either Old Concord Road or Hickory Acres Drive shall not be permitted to utilize hardy plank for the elevations facing these roads. 3. There shall be protective covenants on all lots which ensure maintenance of all common areas. No home in the subdivision shall be utilized for rental purposes. The protective covenants shall be supplied to the City prior to the issuance of a building permit. 4. The retention 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. - 5. All utilities within the development shall be underground. 6. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 40 feet. 7. The developer shall be responsible for any traffic improvements deemed necessary by either the City or the County during construction plan review. This will include (but not be limited to): deceleration lanes on Old Concord Road/Hickory Acres Drive, internal sidewalks and external sidewalks along both Old Concord Road and Hickory Acres Drive for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. 8. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 9. No debris may be buried on any lot or common area. 10. The developer will install decorative streetlights within the development, 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". - May 17,2004 19 11. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. - 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. Landscape berms shall be provided along Old Concord Road and Hickory Acres Drive. These berms shall contain one street tree spaced every 40'. 13. Each lot shall have three 4" caliper trees replanted per lot. 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. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 15. The developer shall verify to the City that no historical features (including civil war trench lines or evidence of encampments) are present prior to the issuance of a permit for any land disturbance activities. - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 305 Acres 2.558 2004-13 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, ofthe Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 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 May 17, 2004 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners ofthe area to be annexed and 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 17th day of May, 2004 ~~ -:r----- A. Max Bacon, Mayor .... - ~_fh __ ott A. Cochran, CIty Attorney City of Smyrna ~, Ordinance No. 2004 - 13 - Exhibit" A" All that tract or parcel of land lying and being in Land Lot 305 of the 1 ih District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at an iron pin set the southwest comer of the intersection of Hickory Acres Drive and Old Concord Road and the true point of beginning; thence south 5 degrees 38 minutes 15 seconds west a distance of 334.21 feet to an iron pin found; thence north 85 degrees 00 minutes 18 seconds west a distance of 333.53 feet to an iron pin found; thence north 6 degrees 9 minutes 45 seconds east a distance of 337.17 feet to an iron pin found; thence south 84 degrees 30 minutes 00 seconds east a distance of 330.42 feet to the point of beginning as shown on plat of survey for Allan Khalife dated 03/01/2004 by Buford H. Norris, RLS. - - Ordinance 2004-16 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIXA, ZONING, SECTION 1510- SPECIAL LAND USE PERMITS (NONRESIDENTIAL USE ONL n BE ~M.ENDED BY REVISING SAID SECTION TO SPECIFY ADDITIONAL REG'ULATIONS PERTAINING TO RETAIL DEVELOPMENTS IN EXCESS OF 40;000 SQUARE FEET ;- BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning [Article XV, Amendments J, Sec. 1510 Special land use permits (nonresidential use only), subsections (1) and (4), of the Code of Ordinances ofthe City of Smyrna, Georgia, be amended to read as follows: (1) Any use of property not specifically permitted allowed under an existing zoning category, a commercial use in excess of 40,000 square feet of gross area (including outdoor retail display areas and storage areas or any use which also requires a permit from the state environmental protection division of the department of natural resources under the provisions of chapters 5, 8, or 9 of title 12 of the Official Code of Georgia Annotated, may be temporarily allowed through a "special land use permit," issued by the mayor and council of the City of Smyrna. .... (4) The governing body of the City of Smyrna may grant a special land use permit for a period of time not to exceed 24 months except after reapplication, re- advertisement and public hearing. This time limit shall not apply to approval granted to commercial developments in excess of 40,000 square feet of gross area (including outside retail display areas and storage areas). All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as ofthe effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. - Ordinance 2004-16 Approved by Mayor and Council this 17th day of May, 2004. - L~~ Attest: A. Max Bacon, Mayor I) Scott A. Cochran, City City of Smyrna - - 2 Ordinance 2004-17 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIXA, ZONING, SECTION 1201- CONDITIONAL DEVELOPMENT BE AMENDED BY REVISING SAID SECTION THROUGH THE ADDITION OF STANDARD CONDITIONS FOR CONDITIONAL DEVELOPMENTS IN ORDER TO IMPROVE THE ZONING PROCESS AND ELIMINATE INCONSISTENCIES BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning (Article XII, Exceptions and Modification5~, Sec. 1201 Conditional development of the Code of Ordinances of the City of Smyrna, Georgia, be amended by appending the following list of 17 conditions to said code section to read as follows: "The following conditions shall apply to all conditional developments: 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 along external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. - 2. The developer shall provide an undisturbed buffer with a minimum width of 20' parallel to any right-of-way external to the development. 3. There shall be protective covenants on all lots. These protective covenants shall be supplied to the City prior to the issuance of a building permit. 4. 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 5. The retention 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. 6. All utilities within the development shall be underground. - 7. 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 Ordinance 2004-17 development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. - 8. The developer shall install a deceleration lane at the entrance for the subdivision. The deceleration lane shall have a minimum length of 150' with a 50' taper. 9. 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. 10. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 11. No debris may be buried on any lot or common area. 12. The developer will install decorative streetlights within the development, 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". 13. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 14. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. There shall be a landscaped front entrance, with monument, indicating the name of the development. - 15. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 16. Each individual lot shall have three 4" caliper trees replanted per lot. 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. 17. A Level I Archeological Study shall be provided for the development. The developer shall verify to the City that any historical or archeological features (including civil war trench lines or evidence of encampments) identified in the study will be protected from development prior to the issuance of a permit for any land disturbance activities." 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. - 2 Ordinance 2004-17 - Approved by Mayor and Council this 17th day of May, 2004. fi Attest: ~fl()O. YI~- . S san D. Hiott, City Clerk City of Smyrna Approved as to form: - cott A. Cochran, City Attorne City of Smyrna - 3 RESOLUTION No. R2004-1 _ WHEREAS, the State of Georgia's Minimum Planning Standards and Procedures for Solid Waste Management require that the Short Term Work Program component of local solid waste management plans be updated every five years; and, WHEREAS, the City of Smyrna, Georgia, successfully completed a required update in 1998; and, WHEREAS, administrative rules adopted by the Georgia Department of Community Affairs require that the City of Smyrna prepare and adopt a "transitional" Short Term Work Program that will extend through June 30, 2006;and, WHEREAS, the City of Smyrna has prepared an updated Short Term Work Program in compliance with the Minimum Planning Standards and Procedures; and, WHEREAS, the two public hearings required by the Minimum Planning Standards and Procedures were conducted by the City of Smyrna on April 5, 2004, and May 17,2004. NOW THEREFORE BE IT RESOLVED by the City of Smyrna, Georgia, that the draft Short Term Work Program dated May 17,2004, be officially transmitted to the Atlanta Regional Commission and the Georgia Department of Community Affairs for review and approval. - Adopted this 17th day of May, 2004. A. Max Bacon, Mayor ~.~ U. S4~ san D. HIOtt, CIty Clerk - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 677 Acres I .21 2004-20 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, ofthe Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 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 May 17,2004 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and .. NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A." BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this 2004 S san D. Hiott, City Clerk CIty of Smyrna - Scott A. Cochran, City Atto City of Smyrna Ordinance No. 2004-20 ... Exhibit" A" All that certain property situated and being in Land Lot 677 of the 1 ih District and 2nd Section of Cobb County, Georgia, being Parcels 13 and 14, and more particularly described as follows: BEGINNING at the intersection of the western right-of-way of Lois Street with the southern right-of-way of Main Street; thence westerly along said right-of-way of Main Street a distance of225.0 feet to a point, said point being the POINT OF BEGINNING; thence continuing westerly along the southern right-of-way of Main Street a distance of 210.0 feet to a point; thence southerly a distance of 250.0 feet to a point; thence easterly a distance of210.0 feet to a point; thence northerly a distance of254.5 feet to the POINT OF BEGINNING. - - APPROV AL OF MINUTES OF SMYRNA CITY COUNCIL '-' The undersigned hereby approve the attached portion of the Minutes of the meeting of the Mayor and City Council held at Smyrna City Hall on May 17, 2004. Dated: June 4, 2004 Dated: June 4, 2004 HUMP ENTURE, LLC, a Geor a limited liability company By: Scott Moore Authorized Member c ~ Dated: June 4, 2004 SOUTH COBB COMMERCIAL INVESTORS, LLC, a Georgia limited liability company By: RealVest Services, Inc., a Georgia co tion, its Manager .---~ . Bradley Fulkerso , III President By: ....., Dated: June 4, 2004 REAL VEST SERVICES, INC., a Georgia corpor JJL By: T radley Fulkerson, President ~ 113785v2 122-00401 MINUTES ,.., Mav 17.2004 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The council meeting was preceded by a called work session and a regular work session. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, Deputy City Clerk Lee Miller, City Attorney Scott Cochran, Assistant Fire Chief Jason Lanyon, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, Community Development Director Chris Miller and representatives of the press. Invocation was given by Council Member Wood, followed by the pledge to the flag. CITIZENS INPUT: [EXCERPTED] MAYOR'S REPORT: [EXCERPTED] - LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) - (E) [EXCERPTED] (F) Approval of Annexation R~uest (100% of property owners requesting annexation) -1.21 Acre Tract - 17th District, 2n Section Land Lot 677, Parcels 13 and 14 - 1890 and 1900 Main Street - Juanita Godfrey and Larry Boggs Mr. Wright stated the City Engineer has reviewed the legal description of the subject property and found it to be in order. MOTION: Council Member Lnenicka made a motion to approve the annexation request for Land Lot 677 , Parcels 13 (.44 acres) and 14 (.77 acres), 17th District, 2nd Section, at 1890 and 1900 Main Street for Juanita Godfrey and Larry Boggs. The motion was seconded by Council Member Smith. Motion was approved 6 - O. (Clerk's Note: Council Member Wood was not present at the time of this vote) - (G) Variance Request V04-016 - Reduction in Minimum Lot Size in South Cobb Drive Overlay District - 4585 South Cobb Drive - Carter and Associates '- Mr. Wright stated the regulations of the South Cobb Drive Overlay District require lots fronting South Cobb Drive to be a minimum of three acres in size. Mr. Wright stated the applicant is requesting a variance from this requirement. Mr. Wright stated the applicant is proposing to build several commercial buildings on the subject property. Mr. Wright stated staff recommends approval of the variance with a number of conditions. 113785v2 122-00401 May 17.2004 2 ,., Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to numerous persons by Mr. Cochran. Council Member Lnenicka recognized Mr. Bradley Fulkerson, Senior Vice President of Carter and Associates (CA), and asked Mr. Fulkerson to provide details of the proposed project to those present. Mr. Fulkerson stated CA is assisting Humphries and Company (HC) with finding solutions for their real estate and office space needs. Mr. Fulkerson stated that the principals of HC are planning to locate the company's main office in the City of Smyrna. Mr. Fulkerson stated it is proposed to create a mixed-use development on the subject tract to include office space, potential retail and additional commercial use along the frontage. Mr. Fulkerson stated the variance request under consideration would allow the site to be subdivided so that two or more users can be a part of one development. Mr. Fulkerson stated the subject tract is currently zoned General Commercial (GC), and that the applicant is agreeable to the stipulated prohibition of numerous uses usually allowed under GC zoning guidelines. Mr. Fulkerson stated the applicant is agreeable to the prohibition of the following uses for the subject property: -., . Package Store . Pawn Shop / Title Pawn Shop . Pool Hall . Tattoo Parlor . Massage Parlor or Establishment . Check Cashing Establishment . CarWash . Taxi Services . Lounge, Night Club, Tavern or Bar Establishment . Automobile or Truck Sales or Service . Service Stations . Convenience Store . Adult Book Store / Adult Novelty Store . Pornographic Theater . Any Entertainment Establishment featuring Nude Dancers or Nude Entertainment . Any Business that emits offensive odors, fumes, dust, vapors, loud noise or sounds ..... Mr. Fulkerson stated the applicant is also agreeable to stipulated limitations on egress from the subject property at the Lois Street curb cut to restrict vehicles from left turns in order to prevent traffic from entering the residential areas there. Mr. Fulkerson stated the applicant is agreeable to the dedication of additional property for use as ROW. Mr. Fulkerson stated that the applicant is agreeable to rezone a portion of the subject tract to Office Institutional (01), a usage that is generally considered to be less intense than Gc. Mr. Fulkerson estimated the value of the agreed- upon improvements and additional dedicated ROW at the subject location to be at least $80,000. Council Member Lnenicka asked Mr. Fulkerson to provide to those present details regarding the types of businesses proposed for the part of the property along South Cobb Drive. Mr. Fulkerson stated a well-established banking company has expressed preliminary interest in locating a branch office on the South Cobb Drive side of the subject property. Mr. Fulkerson showed graphic representations to those present depicting various structures and improvements proposed for the subject tract. Council Member Lnenicka asked Mr. Fulkerson if the applicant would consider additional prohibited uses for the subject property, i.e., tanning salon, loan office, pet services to include veterinary services and drive-through restaurants, which were recommended by a resident. Mr. Fulkerson provided explanations to those present as to why the additional types of businesses suggested for prohibition as a condition of the variance should not be proscribed. " 113785v2 122-00401 Mav 17.2004 3 '- Mr. Fulkerson introduced Mr. Jimmy Humphries and Mr. Scott Moore from HC to those present, and Mr. Humphries and Mr. Moore expressed similar views about wishing to build an office facility in the subject location that will fit in well with the surrounding area. Council Member Lnenicka asked Mr. Moore if it is correct that the South Cobb Drive side of the proposed HC office facility as well as the opposite side of the building will both have the appearance of a front or main side, and Mr. Moore answered in the affirmative. Council Member Lnenicka asked Mr. Moore if it is correct that an entrance on the Main Street side of the building controlled by an electronic gate accessible only by HC personnel is planned, and Mr. Moore answered in the affirmative. Council Member McNabb asked Mr. Fulkerson how many lots adjacent to the subject property are comprised of less than three acres. Mr. Fulkerson stated there are two tracts adjacent to the subject property, and that both of them are comprised of less than three acres. Mayor Bacon recognized Ms. Mary Rose Barnes, residing at 4756 Oakdale Road, and Ms. Barnes stated that, because the present hearing is for consideration of a variance, she is uncertain why a zoning change to 01 has been discussed. Ms. Barnes stated she has a petition with the signatures of fifty-one persons who are in opposition to traffic outlets on Main Street or Lois Street. Ms. Barnes expressed concerns regarding vehicles entering and exiting the subject property and traffic in the affected area. Ms. Barnes read a letter to those present from the Cobb County Board of Commissioners to Mayor Bacon dated May 12, 2004 in which objections to the submitted annexation application are set forth. Mayor Bacon recognized Ms. Beth Figaretti, residing at 1985 Main Street, and Ms. Figaretti expressed concerns about the safety of the intersection of Lois Street and Main Street. Ms. Figaretti stated the streets in this area are narrow, and that she believes there should be no curb cut on Main Street. ~ Mayor Bacon recognized Mr. David Guay, residing at 4495 Oakdale - Vinings Landing, and Mr. Guay expressed the view that there should be no curb cut on Main Street. Mr. Guay expressed concerns about traffic safety in the subject area. Mr. Guay stated that access to the subject property should be limited to the South Cobb Drive side. Mayor Bacon recognized Mr. Frank Pritchard, and Mr. Pritchard stated he has signed the petition of opposition to traffic outlets on Main Street or Lois Street. Mr. Pritchard expressed concerns about the safety of motorists making a left turn off South Cobb Drive onto Lois Street. Mr. Pritchard stated that he believes the proposed curb cut should be on Main Street instead of Lois Street. Mr. Pritchard stated he is concerned about possible traffic safety problems which could materialize in the subject area. Mayor Bacon recognized Ms. Mary Rose Barnes, and Ms. Barnes expressed the view that changing the zoning of the subject property to 01 would nullify the stipulations of the variance. ~ Mr. Fulkerson stated that on the present date an application for rezoning 1.77 acres of the subject tract was submitted to the City's Community Development office. Mr. Fulkerson stated the applicant will consult with legal counsel to make certain the conditions of this variance will still apply to the subject property regardless of whether or not it is rezoned. Mr. Fulkerson stated the applicant is in agreement with the citizens who feel that there should be only one curb cut on the subject property along South Cobb Drive. Mr. Fulkerson stated the entrance to the subject property on South Cobb Drive will be the main entrance. Mr. Fulkerson stated the dedication of additional ROWand installation of sidewalks, curb and gutter agreed to by the applicant should help ameliorate some of the traffic problems which exist in the area of Main Street and Lois Street. ."-' 113785v2 122-00401 Mav 17.2004 4 ,., Council Member Lnenicka stated it is possible that a shopping center or other use not compatible with the surrounding area could be built on the subject property. Council Member Lnenicka stated there have been numerous nuisance ordinance violation problems in the subject area over the years. Council Member Lnenicka stated the applicant has agreed to limit the number of permitted uses for the subject property, and to make efforts to mitigate any possible unfavorable impact of their proposal. Council Member Lnenicka stated he believes the applicant's proposal is in keeping with the spirit and intent of the South Cobb Drive Overlay District regulations. Council Member Lnenicka stated one of the objectives the City's leadership has wanted to accomplish is to eliminate a proliferation of small individual house sites converted to commercial usage, each with its own sign and driveway. Council Member Lnenicka stated the City's leadership believes a piecemeal approach, Le., house by house, lot by lot, is not the way South Cobb Drive should be developed. Council Member Lnenicka stated that such an unmethodical approach would yield a result that would be unsafe, unattractive and generally not in the best interests of a community wishing to move in a progressive direction. Council Member Lnenicka stated the location of the entrance to the subject property on South Cobb Drive will be determined by State authorities. Council Member Lnenicka stated the City will be working with reputable organizations in this case, and that he is confident they will do what they have pledged to do and create a development that is an asset to Smyrna. MOTION: Council Member Lnenicka made a motion to approve Variance Request V04-016 for reduction in minimum lot size in the South Cobb Drive Overlay District for 4585 South Cobb Drive Carter and Associates with the following stipulations: -., 1. All connections to South Cobb Drive shall be approved by the State of Georgia and the City of Smyrna. The entrance on South Cobb Drive shall include a deceleration lane approximately l50' in length with a 50' taper and any other design elements required by the City Engineer or the State of Georgia. 2. The developer shall be required to dedicate an additional 10' of right-of-way for Main Street and 5' for Lois Street. 3. All applicable zoning standards associated with the General Commercial District (including the 50' building setback and 10' buffer adjacent to residentially zoned property) and South Cobb Drive Overlay District shall remain in effect for the development. Setbacks and buffers shall be measured from the property line prior to the dedication of any additional roght-of- way. 4. One landscape island shall be provided for every 10th parking space. The number of parking spaces above code requirements shall be minimized as much as possible. w 5. An electronic gate system shall be installed and maintained in good working order on the entrance to Main Street, and on the internal driveway leading to the northern-most property parcel. The gate system will preclude through traffic between Main Street and the General Commercial property on South Cobb Drive. Access keys or codes for the gate system will be limited to employees of the office building on the northern-most property adjacent to Main Street. ~ 6. The office building to be constructed near Main Street will be built to appear substantially as per the elevations and colors presented to the City with this Variance request. 113785v2 122-00401 Mav 17.2004 5 -- 7. No monument signs or other types of signs (other than allowed building wall signs as per the Smyrna Sign Codes) will be placed on Lois Street or Main Street. 8. The following uses are prohibited on any property within the proposed development: . Package Store . Pawn Shop / Title Pawn Shop . Pool Hall . Tattoo Parlor . Massage Parlor or Establishment . Check Cashing Establishment . Car Wash . Taxi Services . Lounge, Night Club, Tavern or Bar Establishment other than one secondary to a bona fide restaurant operation . Automobile or Truck Sales or Service . Service Stations . Convenience Store . Adult Book Store / Adult Novelty Story . Pornographic Theater . Any Entertainment Establishment featuring Nude Dancers or Nude Entertainment . Any Business that emits offensive odors, fumes, dust, vapors, loud noise or sounds 9. Developer agrees to install curb & gutter, and sidewalks, along their Lois Street frontage and from their property on Lois Street south to South Cobb Drive as per the City Engineer's requirements. -.,. 10. Developer agrees to install curb and gutter, and sidewalks, along their Main Street and South Cobb Drive frontages as per the City Engineer's requirements. 11. Developer agrees to install decorative streetlights of a type to be approved by the City Engineer. 12. Developer agrees to install a strip of pavers or stamped concrete at least 20-30 feet deep across their entrances onto Lois Street and Main Street. The motion was seconded by Council Member Wood. ~ Council Member McNabb stated there has been limited time available to review the most up-to- date version of the subject proposal. Council Member McNabb stated he would like to have adequate time to study this proposal to make certain that approving it is the right action to take. Council Member McNabb stated this development could be a positive addition to the community, but he would like to table this measure to a subsequent meeting in order to provide additional time to address questions which have been raised. Council Member McNabb stated he will not support approval of this measure at the present time. Council Member Smith stated he has visited the subject area many times, and that he has seen that the streets there are very narrow. Council Member Smith stated the developer should agree to widen Lois Street and Main Street and eliminate the curb cut on Main Street. Council Member Smith stated he will not support approval of this measure in its present form. '-' Council Member Newcomb stated the purpose ofthe South Cobb Drive Overlay District 113785v2 122-00401 ~ ." ~ ~ May 17.2004 6 regulations is to make certain a large number of small parcels are not developed. Council Member Newcomb stated the proposed development is well-planned and will have a consistent appearance throughout. Council Member Newcomb stated the matter of a curb cut on Lois Street is overstated in terms of the impact it will have on drawing people to that site. Council Member Newcomb stated the subject tract is presently zoned GC. and that any of the commercial uses the developer has agreed to have prohibited by stipulation could lawfully be put into the subject location at any time without any requirement for management to consult with the city council about their proposal. Council Member Newcomb stated the City has been presented with a remarkable opportunity to be afforded input into this process because a requirement exists for a variance. Council Member Newcomb stated he supports this motion. Motion was approved 5 - 2. with Council Members McNabb and Smith in opposition. [REMAINDER OF MINUTES EXCERPTED] 113785v2 122-00401