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12202004 December 20, 2004 Council Meeting December 20. 2004 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Fire Chief 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, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Reverend Barbara Hatchell from Smyrna First United Methodist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda item # 4A (Public Hearing - Special Land Use Permit Request 204-31 - Flea Market Operation - 2144 South Cobb Drive - RAM South Cobb, LLC) will be tabled until the January 18, 2005 council meeting. Mayor Bacon stated that agenda item # 4B (Public Hearing - Rezoning Request 204-027 - R-15 to RAD Conditional- 5.22 Acre Tract- 1363 through 1461 Belmont Avenue - Johnson/Willis, LLC) will be tabled until the January 3, 2005 council meeting. Mayor Bacon stated that agenda item # 4J (Public Hearing - Amendment to the City Code - Sec. 80-4 High grass; weeds; rubbish; etc., on private property and Sec. 90-35 Notice of Violation; penalty) will be tabled until a subsequent council meeting. - MAYOR'S REPORT: Mr. Corey recognized Chief Lanyon and Firefighter Darrell Shelnut, and Chief Lanyon provided details to those present regarding a recent event during which the fingerprints of a group of school children were taken by Mr. Shelnut as a protective measure. Chief Lanyon commented favorably about Mr. Shelnut's dedication and diligence. Mr. Corey read the Employee of the Month certificate to those present in recognition ofMr. Shelnut's contributions. Mr. Miller stated that Mrs. Cowan will be retiring from the City of Smyrna after nearly 24 years of service. Council Member Newcomb commented favorably about Mrs. Cowan's contributions to the City's progress in the area of development, and read a Proclamation in Recognition of Carol L. Cowan to those present. Mayor Bacon stated that Mrs. Cowan has played a major role in the progress the City has made during her tenure of service. Mrs. Cowan stated that working for the City has been a pleasure. Mayor Bacon stated that he received a letter from one of the local builders containing favorable comments about the City's staff in general, and including specific compliments pertaining to Mrs. Cowan's professionalism and competence. Mayor Bacon thanked Mrs. Cowan for her many years of service, and stated he hopes she will enjoy her retirement. Presentation of Certified Annual Financial Report - Council Member Wood stated an independent accounting firm conducts the City's annual audit. Council Member Wood recognized Mr. McGrath from the accounting firm of Moore & Cubbedge, LLP and Ms. Edgar, and Ms. Edgar provided details to those present concerning the recent audit ofthe City's finances. Mr. McGrath provided additional specifics to those present December 20.2004 2 concerning the audit, and expressed appreciation to Ms. Edgar and Mr. Mike Hickenbottom for their assistance with the process. Mr. McGrath commented favorably on the City's financial position. Council Member Wood asked Mr. McGrath if, during the audit process, he observed any unusual transactions on or off the balance sheet, and Mr. McGrath said no. Council Member Wood asked Mr. McGrath for his input regarding the financial controls in place at the City. Mr. McGrath stated his staff has made recommendations regarding further segregation of duties among City staff, and more independent review of bank reconciliations, tax adjustments and other aspects of financial operations. Council Member Wood asked Mr. McGrath if, in his view, the City's debt position is relatively low, and Mr. McGrath answered in the affirmative. - MOTION: Council Member Wood made a motion to approve acceptance of the Fiscal Year 2004 Comprehensive Annual Financial Report by the Mayor and Council Members as presented by the independent auditors. The motion was seconded by Council Member Smith. Motion was approved 7 - O. LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Public Hearing - Special Land Use Permit Request Z04-31 - Flea Market Operation- 2144 South Cobb Drive - RAM South Cobb, LLC Mayor Bacon asked if there is anyone present in relation to this matter, and there was no response. Mayor Bacon stated this public hearing win be tabled until the January 18,2005 council meeting. MOTION: Council Member Smith made a motion to table Special Land Use Permit Request Z04-31 for flea market operation at 2144 South Cobb Drive for RAM South Cobb, LLC until the January 18, 2005 council meeting. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - o. - (B) Public Hearing - Rezoning Request Z04-027 - R-15 to RAD Conditional- 5.22 Acre Tract -1363 through 1461 Belmont Avenue - Johnson/Willis, LLC Mayor Bacon asked ifthere is anyone present in relation to this matter, and there was no response. Mayor Bacon stated this public hearing win be tabled until the January 3, 2005 council meeting. MOTION: Council Member Smith made a motion to table Rezoning Request Z04-027 from R-15 to RAD Conditional for a 5.22 Acre Tract at 1363 through 1461 Belmont Avenue for Johnson/Willis, LLC until the January 3, 2005 council meeting. The motion was seconded by Council Member McNabb. Motion was approved 7 - o. (C) Public Hearing - Variance Request V04-038 - Reduction of Minimum Permeable Area- 1318 Concord Road- Sarah's School ofFish Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mr. Wright stated the applicant plans to construct a new building and parking area for private swim instruction. Mr. Wright stated the project as currently planned will cover 90% of the lot due to the needed building size to house a pool, parking and fire truck access. Mr. Wright stated that the maximum allowable lot coverage by buildings and other structures including pavement in a Limited Commercial (LC) zone is 80%. Mr. Wright stated existing improvements already - December 20. 2004 3 cover a significant portion of the site, and the reduction in permeable area should not adversely affect adjoining properties. Mr. Wright stated that staff recommends approval of the proposed varIance. - Council Member McNabb recognized Ms. Merrill, and Ms. Merrill stated the revised plan she has submitted for consideration entails a reduction of permeable area at the subject location to 10%. - MOTION: Council Member McNabb made a motion to approve the reduction of minimum permeable area at 1318 Concord Road for Sarah's School of Fish from 20% to 10%. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (D) Annexation and Zoning for 4.53 acres to be added to the Approved Development Plan of the Overlook at Oakdale-Oakdale Road (1) Public Hearing - Rezoning Request Z04-028 - Inclusion of Additional 4.53 Acres to Approved Development Plan- Overlook at Oakdale - Oakdale Road - The Columns Group Mr. Wright stated the applicant is requesting to add two parcels totaling 4.53 acres to a previously approved subdivision plan. Mr. Wright stated the proposal would increase the number of townhouse units to 250 and increase the number of single-family structures to 110 while maintaining the same density of 4.49 units per acre. Mr. Wright stated this rezoning was recommended for approval by the Planning and Zoning Board (PZB), and that staff supports the request conditioned upon a number of stipulations. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Mayor Bacon recognized Mr. Garvis Sams, an attorney representing the applicant. Mr. Sams provided details to those present concerning the original plan for this subdivision which was approved by the council on January 20 of the current year. Mr. Sams stated this request neither increases the density ofthe development nor changes any of the original stipulations. Council Member Wood stated the purpose of the action under consideration is to add some additional land to this project. Council Member Wood stated that the law requires the City to conduct a rezoning procedure in order to amend the original plan. (2)(a) Approval of Annexation Request (100% of Owners Requesting Annexation- 4.10 Acre Tract (tract 1) - Land Lot 171, Parcel 8, 18th District, 2nd Section, Cobb County, Georgia - 6050 Nichols Drive - Carol Weaver Mr. Wright stated the legal description of the subject property has been reviewed by the city engineer with satisfactory results. MOTION: Council Member Wood made a motion to approve the annexation ofa 4.10 acre tract (tract 1) in Land Lot 171, Parcel 8, 18th District, 2nd Section, Cobb County, Georgia at 6050 Nichols Drive for Carol Weaver to become. a part of Ward 7 of the City with an effective date of January 1,2005. The motion was seconded by Council Member Lnenicka. Motion was approved 7-0. - December 20, 2004 4 (2)(b) Approval of Annexation Request (100% of Owners Requesting Annexation- .443 Acre Tract (tract 6)- Land Lot 177, Parcell, 18th District, 2nd Section, Cobb County, Georgia - 6153 Oakdale Road - Inez Pitts - Mr. Wright stated the legal description of the subject property has been reviewed by the city engineer with satisfactory results. MOTION: Council Member Wood made a motion to approve the annexation of a .443 Acre Tract (tract 6) in Land Lot 177, Parcell, 18th District, 2nd Section, Cobb County, Georgia at 6153 Oakdale Road for Inez Pitts to become a part of Ward 7 of the City with an effective date of January 1,2005. The motion was seconded by Council Member Lnenicka. Motion was approved 7-0. (3) Final Vote on Rezoning Request Z04-028 - Inclusion of Two Parcels Totaling 4.53 Acres into Approved Development Plan ofthe Overlook at Oakdale- Oakdale Road - The Columns Group Council Member Wood recognized Mr. Miller, and asked if the same stipulations associated with previous versions of this site plan will be the same ones applicable to the proposal under consideration, and Mr. Miller answered in the affirmative. Council Member Lnenicka asked Mr. Sams if the applicant will agree to all the stipulations previously applicable to the subject development, and Mr. Sams answered in the affirmative. At Council Member Wood's request, Mr. Miller read Standard Condition 1 to those present as follows: The development of the proposed residential townhouse community shall be limited to 250 units and the single-family community shall be limited to 110 units. The minimum floor area of each unit will be 1,800 square feet for the townhouse units and 2,000 square feet for the single-family residences. - Mr. Miller stated the minimum setbacks previously stipulated for previous versions of the zoning will still be applicable. MOTION: Council Member Wood made a motion to approve Rezoning Request Z04-028 for inclusion of two parcels totaling 4.53 acres into the approved development plan of the Overlook at Oakdale on Oakdale Road for The Columns Group subject to Standard Condition 1 as read into the record by Mr. Miller, as well as stipulations 2 through 23 as previously approved by council. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (E) Annexation and Zoning for 2.64 Acres for Commercial Shopping Center Development Adjacent to the Overlook at Oakdale- Oakdale Road (1) Public Hearing - Rezoning Request Z04-029 - Cobb County R-20 and Heavy Industrial (HI) and City of Smyrna RAD Conditional to Neighborhood Shopping District (NS) - Oakdale Road - The Columns Group 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. Sams stated the proposal under consideration has been recommended for approval by both City staff and the PZB. Mr. Sams stated that the applicant has consulted at some length with City staff and elected officials to solicit their input into the configuration ofthe development. Mr. - December 20, 2004 5 ... Sams stated that some City staff members as well as private citizens have indicated interest in a commercial component for this development to augment the residential and park elements. Mr. Sams provided graphic representations of the proposed project for review by those present. Mr. Sams stated the applicant will agree to all the stipulations and specific prohibited uses for the proposed project as set forth in the staff analysis. Council Member Wood stated that the proposal under consideration is for rezoning property to the NS classification as opposed to GC. Council Member Wood stated that GC is a much broader zoning classification, and that a number of types of businesses would be excluded by specific conditions of this rezoning. Council Member McNabb asked Mr. Sams if the proposed commercial development will comprise one building or two, and Mr. Sams stated there are two structures planned for the site. Mayor Bacon recognized Ms. Ann Stephens, residing at 6013 Oakdale Road, and Ms. Stephens requested that any commercial structures approved for the subject area feature a brick finish on at least three sides and subdued lighting. Mayor Bacon recognized Ms. Mary Rose Barnes, residing at 4756 Oakdale Road, and Ms. Barnes pointed out various features which she stated are not provided for in the park plan formulated by The Columns Group. Ms. Barnes stated she would like to see all commercial structures approved for the subject area feature brick construction with restrictions on the use of neon signs and placard signs in windows. Ms. Barnes provided additional examples of types of businesses which she believes should be included among the list of those proscribed at the subject location. - At Council Member Wood's request, Mr. Sams provided details to those present regarding signs and exterior finish materials proposed for use at the planned commercial development. Council Member Lnenicka asked Mr. Sams if the applicant will agree to a stipulation requiring brick construction on all four sides of the planned commercial buildings, and Mr. Sams answered in the affirmative. Council Member McNabb asked Mr. Sams if the applicant will agree to a stipulation disallowing the use of neon signs and flashing light signs at the subject location. Mr. Sams stated the applicant would be amenable to such a stipulation provided that it does not include a prohibition of LED reader board signs. Council Member Lnenicka asked Mr. Sams if the applicant will agree to including the five additional retail uses as described by Ms. Barnes in the list of prohibited uses enumerated in the stipulations, and Mr. Sams answered in the affirmative. Council Member Smith asked Mr. Sams if the applicant will agree to the dumpster enclosure at the subject location being constructed of brick to match the building, and Mr. Sams answered in the affirmative. (2)(a) Approval of Annexation Request (100% of Owners Re~uesting Annexation- .414 Acre Tract (tract 2) - Land Lot 170, Parcel 20, 18t District, 2nd Section, Cobb County, Georgia - 6121 Oakdale Road - Harold Harrison Mr. Wright stated the legal description of the subject property has been reviewed by the city engineer with satisfactory results. MOTION: Council Member Wood made a motion to approve the annexation of .414 acre tract (tract 2) in Land Lot 170, Parcel 20, 18th District, 2nd Section, Cobb County, Georgia at 6121 Oakdale Road for Harold Harrison to become a part of Ward 7 of the City with an effective date of January 1,2005. The motion was seconded by Council Member Smith. Motion was approved 7-0. ... December 20. 2004 6 (2)(b) Approval of Annexation Request (l00% of Owners Requesting Annexation) - .935 Acre Tract (tract 3) - Land Lot 170, Parcel 14, 18th District, 2nd Section, Cobb County, Georgia - 6091 Oakdale Road - J. E. and Doris Barfield - Mr. Wright stated the legal description ofthe subject property has been reviewed by the city engineer with satisfactory results. MOTION: Council Member Wood made a motion to approve the annexation of a .935 acre tract (tract 3) in Land Lot 170, Parcel 14, 18th District, 2nd Section, Cobb County, Georgia at 6091 Oakdale Road for J. E. and Doris Barfield to become a part of Ward 7 of the City with an effective date of January 1,2005. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (2)(c) Approval of Annexation Request (100% of Owners Requesting Annexation- .833 Acre Tract (tract 4) - Land Lot 170, Parcel 19, 18th District, 2nd Section, Cobb County, Georgia - 6043 and 6051 Oakdale Road - Steve McAteer Mr. Wright stated the legal description of the subject property has been reviewed by the city engineer with satisfactory results. MOTION: Council Member Wood made a motion to approve the annexation of a 833 acre tract (tract 4) in Land Lot 170, Parcel 19, 18th District, 2nd Section, Cobb County, Georgia at 6043 and 6051 Oakdale Road for Steve McAteer to become a part of Ward 7 of the City with an effective date of January 1,2005. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (3) Final Vote on Rezoning Request 204-029 - Cobb County R-20 and Heavy Industrial (HI) and City of Smyrna RAD Conditional to Neighborhood Shopping District (NS) - 2.64 acres on Oakdale Road - The Columns Group - At Council Member Wood's request, Mr. Miller read the stipulations for the proposed rezoning into the record as follows: Standard Conditions (items 1,2,3,4,5,9, 10, 16 from Section 1201 not included) 1. 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. Any retention pond shall be placed and screened appropriately to be unobtrusive to homes adjacent to the development. 2. All utilities within the development shall be underground. 3. 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 ofthe development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. 4. The developer shall install a deceleration lane at the entrance for the development. The deceleration lane shall have a minimum length of ISO' with a 50' taper. - December 20, 2004 7 5. No debris may be buried on the subject parcel. - 6. 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". 7. The developer will comply with the city's current tree ordinance however the overall tree density shall not be required to exceed 30 units per acre. All required tree protection measures shall be adhered to by the developer during construction. 8. 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. 9. All common areas are to be sodded, and landscaped. Irrigate as appropriate. 10. 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. Special Conditions 11. A fully dimensioned site plan with shall be provided for staff review prior to the public hearing before Mayor and Council. - 12. The developer shall donate and convey additional right-of-way on Oakdale Road such that a minimum 50' right-of-way width can be achieved as measured from the centerline. 13. Any proposed dumpsters shall be surrounded by a three-sided brick enclosure with an opaque gate in the front. The brick shall match the color and material used for the two commercial buildings. 14. A 10' wide landscape buffer along the rear property boundary shall be consistent with the requirements of Section 503 of the City's Zoning Code. The landscape buffer may be located within the 50' building setback between residential property boundaries and the rear of the building. 15. Pedestrian connections shall be provided between the commercial parcel and the other areas of the development including the park and residential development. 16. The parking lot shall provide landscape islands after every tenth parking space, the design of which must be approved by the City of Smyrna. A landscape strip shall also be provided between all head-to-head parking spaces. 17. The following uses shall be prohibited in the proposed shopping center: - · Automotive sales/repair · Automobile wash service · Boat sales and repairs December 20. 2004 8 . Boarding and breeding kennels . Dry cleaning plants . Farm equipment sales and service . Lumber, hardware and other building material establishments . Mobile home and travel trailer sales . Motorcycle sales and service . Pawnshops . Service stations . Stations and terminals for bus and rail passenger service . Taxi stands . Theaters . Tattoo Parlor . Massage Parlor . Thrift Store . Poo I Hall . Check Cashing Store - 18. Each commercial building shall utilize four-sided brick or stone elevations which generally match the elevations presented during the December 20, 2004 Council meeting. 19. No neon or flashing signs shall be permitted. All freestanding signs shall be monument style. MOTION: Council Member Wood made a motion to approve Rezoning Request 204-029 from Cobb County R-20 and Heavy Industrial (HI) and City of Smyrna RAD Conditional to Neighborhood Shopping District (NS) for a 2.64 acre tract on Oakdale Road for The Columns Group subject to the standard conditions and special conditions as enumerated by Mr. Miller. The motion was seconded by Council Member Smith. Motion was approved 7 - O. - (F) Public Hearing - Variance Request V04-044 - Reduction in Side Yard Setback - 2619 Highland Avenue - Andrea Sibley Mr. Wright stated the subject parcel is zoned R-15, and that this zoning classification requires a minimum side yard setback of 10.' Mr. Wright stated the existing structure is 5' from the property line, and the applicant wants to build an addition to the house and add a garage using the same 5' setback. Mr. Wright stated staff recommends approval of the requested variance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Ms. Sibley, and asked her to provide details to those present concerning the need for the requested variance. Ms. Sibley stated renovation is planned for the existing house as well as an addition comprising some 1,000 to 1,200 s.f. MOTION: Council Member Scoggins made a motion to approve Variance Request V04-044 for a reduction in side yard setback at 2619 Highland Avenue for Andrea Sibley subject to the condition that the addition conforms with the site plan submitted with the variance application. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (G) Public Hearing - Variance Request V04-045 - Reduction in Side and Rear Yard Setback and Buffer - 3366 Atlanta Road - Tri South Development - December 20, 2004 9 - Mr. Wright stated Tri South Development is converting the former Epic Manor Apartment Complex into owner-occupied condominiums, and proposes to add an additional 12' x 16' bonus room on the first floor of each two-bedroom unit. Mr. Wright stated the subject parcel is zoned RM-12, and that the additions will require variances to a number of setbacks in that zoning category. Mr. Wright stated the applicant is requesting a reduction of the rear yard setback to 39' and the side yard setback to 12.' Mr. Wright stated staff recommends approval of all the requested setback reductions as detailed in the submitted site plan 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 persons by Mr. Cochran. Council Member Lnenicka recognized Mr. Parker, and asked Mr. Parker to provide details to those present concerning the need for the requested variance. Mr. Parker stated that Tri South Development (TSD) proposes to convert an older apartment complex into owner-occupied condominiums. Mr. Parker stated that TSD wishes to add a room to the two-bedroom units to enhance their appeal to potential purchasers, and that some adjustments to setbacks are needed to accomplish these additions. Council Member Lnenicka asked Mr. Parker ifTSD is agreeable to the stipulations for the variance formulated by staff, and Mr. Parker answered in the affirmative. - Mayor Bacon recognized Mr. Sean Lawler and Mr. Jeff Moynihan. Mr. Lawler stated the owners of nearby residences are concerned about the impact of the proposed setback reductions on vegetation in the affected area. Mr. Moynihan stated that letters have been submitted to TSD and the council from various property owners in the affected area concerning this variance request. Council Member Lnenicka asked Messrs. Lawler and Moynihan if it is correct that, if TSD agrees to the conditions in the letter from the homeowners association (HOA) and the requests from the adjacent homeowners, the HOA will support the variance request, and Messrs. Lawler and Moynihan answered in the affirmative. Mayor Bacon recognized Mr. Jeff Kelley, residing at 2023 Belridge Court, and Mr. Kelley expressed a preference for Cutting Edge Landscape to provide consultation and other landscape work for the project. Mayor Bacon recognized Mr. John Delk, residing at 2017 Belridge Court, and Mr. Delk stated the privacy fence in the area of his residence will not be moved. Mr. Delk stated a number of trees in the area of his residence will be lost in connection with this project. At Council Member Lnenicka's request, Mr. Miller read the standard conditions and special conditions which will be stipulations for the variance under consideration: Standard Conditions 1. All utilities for the development shall be underground. 2. No debris may be buried on any lot or common area. 3. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances, with monument, indicating the name of the development. - December 20. 2004 10 4. All yards and common areas are to be sodded and landscaped. Irrigate as appropriate. Special Conditions 5. A 10-foot landscape buffer consistent with Section 503 shall be provided along the eastern property line. Any existing trees between the existing building and eastern property line shall be replaced on an inch-per-inch basis with 4-inch caliper trees (species to be approved by staff prior to planting). - 6. No future additions (sunroom, screened porches, decks, or other structures) shall be permitted in the rear or side yards beyond those approved via Y04-045. 7. No trees shall be removed from the existing landscape areas along the southern property boundary. All kudzu or other invasive plants/weeds shall be removed by the developer prior to the issuance of any certificates of occupancy. Mr. Miller stated the City has access to consultation services from a regularly contracted professional arborist who can conduct inspections at the subject location to help ensure compliance with vegetation requirements. Mr. Miller stated the letters submitted by the HOA and individual homeowners can also be taken into consideration when administering the conditions of the variance. Council Member Lnenicka asked Mr. Hildebrandt to provide details to those present concerning measures discussed with Mr. Parker for improving the draining in the area near the adjacent residences. Mr. Hildebrandt stated that about half ofthe complex drains into a comer area, and that there are a lot of paved areas and buildings there. Mr. Hildebrandt indicated that a lot of water seems to channel itself through the parking lot of the complex. Mr. Hildebrandt stated he recommends installation of an inlet on the Palms side of the property with appropriate grading to channel water into the inlet. Mr. Hildebrandt stated the water can then be piped across the fence into an existing inlet. Mr. Hildebrandt stated that Mr. Parker has indicted willingness to take the steps he has recommended to help facilitate the routing of storm water runoff in the subject area. Council Member Lnenicka asked Mr. Hildebrandt if it is correct that the storm water management measures he has recommended can be implemented through the regular plan review process without a need for another stipulation, and Mr. Hildebrandt answered in the affirmative. Council Member Lnenicka asked Mr. Hildebrandt if the storm water management measures he has recommended will improve the drainage in Devonshire Court, and Mr. Hildebrandt stated the proposed measures should mitigate the effects of erosion in the affected area. Mayor Bacon stated that the owners of adjacent properties have requested correction of drainage issues in the subject area. Mayor Bacon asked Mr. Hildebrandt if the proposed storm water management measures will correct the drainage problems in the subject area. Mr. Hildebrandt stated that he has conducted a site inspection in the area of the adjacent properties, and that drainage problems he observed in at least one back yard are not attributable to the condominium property. - Mayor Bacon recognized an unidentified person who expressed concerns about additional square footage which is being added to the subject property which he believes will increase the amount of impervious surface in the subject area. The unidentified person stated he believes that additional water runoff could be channeled in the direction of the adjacent properties as a result of the additional living space being created. - December 20. 2004 11 Mr. Parker stated that the measures he has agreed to should remedy any drainage problems attributable to the condominium property. - Additional Conditions (reference to letters) Council Member Lnenicka asked Mr. Parker ifhe is agreeable to the stipulations read into the record by Mr. Miller, and Mr. Parker answered in the affirmative. Council Member Lnenicka asked Mr. Parker ifhe agrees to the site plan and other requests set forth in the letter from the HOA dated December 14,2004, and Mr. Parker answered in the affirmative. Council Member Lnenicka asked Mr. Parker ifhe agrees to the requests set forth in the letter from Jeff and Kathy Kelley, residing at 2023 Belridge Court, dated December 14,2004, and Mr. Parker answered in the affirmative. Council Member Lnenicka asked Mr. Parker ifhe agrees to the requests set forth in the letter from John Delk and Jack Buttrey, residing at 2017 Belridge Court, dated December 11,2004, and Mr. Parker answered in the affirmative. Council Member Lnenicka asked Mr. Parker ifhe agrees to the request set forth in the letter from the Lu family, residing at 2019 Belridge Court, and Mr. Parker answered in the affirmative. Council Member Lnenicka asked Mr. Parker ifhe agrees to the requests set forth in the letter from Jeff Moynihan, dated December 10,2004, and Mr. Parker answered in the affirmative. Council Member Lnenicka asked Mr. Parker ifhe agrees to the requests set forth in the letter from Mr. Mosera, residing at 2025 Belridge Court, dated December 10, 2004, and Mr. Parker answered in the affirmative. Council Member Lnenicka asked Mr. Parker if he agrees to the request set forth in the letter from Mr. Ramachandran, residing at 3420 Belridge Drive, and Mr. Parker answered in the affirmative. Council Member Lnenicka asked Mr. Parker if he agrees to the requests set forth in the letter from the Patricks, residing at 2021 Belridge Court, and Mr. Parker answered in the affirmative. (Clerk's Note: Copies ofthe referenced letters are appended hereto) - Mayor Bacon asked Mr. Parker if it is correct that he agrees to contract with Cutting Edge Landscape to perform specified landscape work in connection with this project, and Mr. Parker said no. Mr. Parker stated he has made it clear to the associates of the HOA that he will not contract with another entity for landscape work. Mr. Parker stated the landscape staff ofTSD is proficient, and that the cost of using another entity for landscape work would be prohibitive. Mr. Parker stated he has advised the residents of adjoining properties that it is possible one of the subject buildings will not be modified for additions, and that in such a case no trees would be removed near that particular building. Council Member McNabb expressed the view that two ofthe homeowners' stipulations should be withdrawn, viz., the requirement for a surety bond and the request for reimbursement for landscape consultation fees. Council Member McNabb stated that such measures should not be requested by the City as stipulations for approval of the variance. Mayor Bacon asked Mr. Miller if the City's bond requirements address the adjacent homeowners' expressed preference. Mr. Miller stated the City does not usually require landscape performance bonds from developers and builders. Mr. Miller stated that issuance of a certificate of occupancy is conditioned upon adherence to specific landscape plans. - Amended Conditions Council Member Lnenicka asked Messrs. Moynihan and Parker if it would be acceptable for references to Cutting Edge Landscape and the surety bond to be removed from the HOA and homeowners' letters, and Messrs. Moynihan and Parker answered in the affirmative. Council Member Lnenicka asked Messrs. Moynihan and Parker if it would be acceptable for a requirement to be added for work to be done within 60 days of plan approval by the City and for an additional requirement to be added for a professional landscape plan to be furnished to the City, and Messrs. Moynihan and Parker answered in the affirmative. Council Member Lnenicka stated that all standard conditions, special conditions, letters incorporated by reference and the two changes to the letters which have been discussed will apply to each motion pertaining to this December 20.2004 12 variance request. MOTION: Council Member Lnenicka made a motion to approve reduction of the rear yard setback of the subject property at 3366 Atlanta Road to 39 feet subject to all conditions and stipulations previously outlined. The motion was seconded by Council Member Wood. Motion was approved 7 - O. - MOTION: Council Member Lnenicka made a motion to approve the reduction of the side yard setback ofthe subject property at 3366 Atlanta Road to 12 feet subject to all conditions and stipulations previously outlined. The motion was seconded by Council Member Smith. Motion was approved 7 - O. MOTION: Council Member Lnenicka made a motion to approve reduction of the buffer required between RM-12 zoned areas and single-family properties from 75 feet to a minimum of 12 feet subject to all conditions and stipulations previously outlined. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (H) Public Hearing - Variance Request V04-046 - Installation of Free-Standing Sign Adjacent to Public Right-of-Way - 2350 Belmont Circle - Alfaro Dental Care Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Smith recognized Mr. Ed Schgaren with S & S Signs, and asked Mr. Schgaren to provide details to those present regarding the proposed sign placement under consideration. Mr. Schgaren stated he proposes to install a monument sign in a right-of-way (ROW) area to help guide motorists to the office of Alfaro Dental Care (ADC). Mr. Schgaren provided details to those present regarding placement of the proposed sign. Council Member Smith asked Mr. Schgaren if there is a sign on the ADC building, and Mr. Schgaren answered in the affirmative. Mr. Schgaren stated this existing sign is not visible from Windy Hill Road. Council Member Smith asked Mr. Schgaren if it would be possible to place the monument sign in the space marked as a not-for-parking area of the parking lot adjacent to ADC, and Mr. Schgaren expressed the view that that location would not be suitable for the proposed sign. Council Member Smith asked Mr. Miller if removal of some plants for an alternative placement of the sign would be acceptable, and if such an alternative arrangement would comply with sign ordinance and distance requirements. Mr. Miller stated that review of a pertinent survey would be necessary to determine whether or not such an alternative placement is feasible, but that it is permissible to remove plants in order to install a sign. Mayor Bacon expressed concern about liability to the City which may result from approval of a sign in the ROW. Council Member Newcomb stated it is possible that removal of some plants in the subject area to install a sign may contravene a stipulation of zoning. Council Member Smith asked Mr. Schgaren ifhe would consider withdrawal of the variance request if the application fees were to be refunded, and Mr. Schgaren expressed no interest in withdrawing the variance request. - MOTION: Council Member Smith made a motion to deny Variance Request V04-046 for installation of a free-standing sign adjacent to public right-of-way near 2350 Belmont Circle for Alfaro Dental Care. The motion was seconded by Council Member Newcomb. Motion to deny the request was approved 7 - O. (I) Public Hearing - Amendment to the City Tree Ordinance - Sec. 106-31 Minimum Tree Density Requirements, Sec. 106-32 Alternative Compliance to Tree Density Requirements and Sec. 106-40 Tree Protection During Construction - December 20. 2004 13 - Mr. Wright stated that during the past year, the City has approved several rezonings for relatively small parcels containing numerous specimen trees. Mr. Wright stated that in some cases, these developments have been required by the Tree Ordinance to provide more new trees than can be physically located on the parcel. Mr. Wright stated that, to address this and other issues, staff is recommending three amendments to the Tree Ordinance. Mr. Wright stated the changes include a requirement for a maximum of 35 units per acre, provisions for counting specimen trees if adequately protected, and requirements for marking trees to be saved during development. Mr. W right stated staff recommends approval of the ordinance revisions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Newcomb stated the proposed changes to the tree ordinance are expected to result in a more realistic set of standards for builders and developers to comply with and provide incentives for preserving specimen trees. Mr. Miller stated that, in accordance with the proposed revisions, trees marked for preservation during development will also be numbered, thereby providing more positive identification of individual trees on a tree survey. MOTION: Council Member Newcomb made a motion to approve amendment to the City Tree Ordinance, Sec. 106-31 Minimum Tree Density Requirements, Sec. 106-32 Alternative Compliance to Tree Density Requirements and Sec. 106-40 Tree Protection During Construction. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (1) Public Hearin&- - Amendment to the City Code - Sec. 80-4 High grass; weeds; rubbish; etc., on private property and Sec. 90-35 Notice of violation; penalty - MOTION: Council Member Newcomb made a motion to table amendment to the City Code, Sec. 80-4 High grass; weeds; rubbish; etc., on private property and Sec. 90-35 Notice of violation; penalty until the January 18, 2005 council meeting. The motion was seconded by Council Member Smith. Motion was approved 7 - O. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Approval of Purchase of Property on Oakdale Road Mr. Wright stated the house under consideration for acquisition by the City is the Presley house at 5811 Oakdale Road which was used as a Confederate hospital during the battle of Atlanta. Mr. Wright stated that although portions of the 1860's house remain, the exterior of the house has undergone significant modification. Mr. Wright stated that if grant funding or funding from private sources can be found to renovate the Presley house, it could serve as an orientation center for other Civil War features that remain in the area. Mr. Wright stated that staff recommends purchase of the house using contingency funds provided that the appraisal indicates the value of the property is commensurate with the proposed purchase price. - MOTION: Council Member Wood made a motion to authorize the purchase of the Presley house at 5811 Oakdale Road for $145,000 contingent upon an appraisal confirming the value. The motion was seconded by Council Member Lnenicka. Mayor Bacon stated that funds for December 20, 2004 14 preservation of this property will need to be obtained from an outside source. Motion was approved 7 - O. (B) Appointment of Ward 7 Member to the Keep Smyrna Beautiful Commission - MOTION: Council Member Wood made a motion to reappoint Wayne Waldrip to another term on the Keep Smyrna Beautiful Commission as the Ward 7 representative. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of December 6, 2004 Minutes (B) Approval of Slope Easement on Fire Station #4 Property Realvest Services, Inc. requests a permanent slope easement along the western side of the Fire Station #4 property. In order to construct their proposed retail site, Realvest Services, Inc. finds it necessary to construct a retaining wall along the property line abutting Fire Station #4. They are proposing a permanent slope easement which will allow them to grade, landscape, and maintain the area. The attached landscape plan proposes a buffer of five Leyland Cypress one maple tree. The City Engineer and Fire Chiefhave reviewed this slope easement and recommend approval subject to the following conditions: - 1. All site development plans are to be approved by the City. 2. Trees are to be planted as shown on the attached landscape plan. 3. The applicant is to clear the overgrowth on the northern end of the fire station property. (C) Approve Contract for Cobb County Board of Elections & Registration to Conduct City of Smyrna Special Election on March 15,2005 for an Estimated Cost of $26,000 and to Approve $26,000 in Contingency Funds to be Moved to Administrative Professional Service On December 6, 2004, Mayor and Council approved a resolution calling for a special Election on March 15, 2004 regarding incurrence of unbonded debt for Parks and Recreation facilities improvements. City agrees to pay the County for the service of its Board of Elections and Registration all actual costs incurred in conducting said election. Said costs are mentioned in Contract. Estimated cost for March 15,2004 Election is $25,827. Approval for the Mayor to sign and execute the contract with Cobb County Board of Elections and Registration to conduct City of Smyrna Special Election on March 15, 2005 and transfer of $26,000 in contingency funds to Administrative Professional Services (13200.5212) is recommended. (D) Acceptance of Donation of Property The City proposes to accept donation of property described as follows: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 613 and 684 of the 1 ih District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: - December 20. 2004 15 - COMMENCING at a concrete monument found at the corner common to Land Lots 54, 55, 612, and 613, thence North 01041 ' 4 7" East along the west land lot line of Land Lot 613 a distance of637.65 feet to an iron pin found (#4 Re-Rod) marking the TRUE POINT OF BEGINNING; thence, continuing along the west line of Land Lot 613, North 01035'51" East a distance of99.93 feet to an iron pin found (#4 Re-Rod) on the southerly right-of-way ofNickajack Park Road (a 50-foot right-of-way); thence running along said right-of-way South 85051 '55" East a distance of 1,248.75 feet to an iron pin found (#4 Re-Rod); thence continuing along said right-a-way along the arc of a curve to the right an arc distance of 139.45 feet (said arc being subtended by a chord bearing South 77052' 10" East a chord distance of 139.07 feet and said arc having a radius of 547.96 feet) to an iron pin found (#4 Re-Rod); thence continuing along the southerly boundary of said right-of- way South 70038' 14" East a distance of 244.06 feet to a concrete monument found at the northwest terminus of the mitered intersection ofNickajack Park Road and Oakdale Road (a 60-foot right-of-way); thence running along said mitered intersection South 21026'03" East a distance of 56.86 feet to a concrete monument found on the northwestern right-of- way of Oakdale Road; thence running along the northwesterly right-of-way of Oakdale Road South 28004'52" West a distance of 50.44 feet to a concrete monument found; thence continuing along said right-of-way along the arc of a curve to the right an arc distance of 296.94 feet (said arc being subtended by a chord bearing South 32051' 16" West a chord distance of296.52 feet and said arc having a radius of 1,607.02 feet) to a concrete monument found; thence continuing along said right-of-way South 39009'02" West a distance of 137.13 feet to a concrete monument found; thence continuing along said right-of-way along the arc of a curve to the right an arc distance of 159.98 feet (said arc being subtended by a chord bearing South 39049'31" West a chord distance of 159.96 feet and said arc having a radius of 2,834.79 feet) to a point; thence, leaving said right of way, along the boundary of certain property now or formerly owned by Pulte Home Corporation North 50005'59" West a distance of999.32 feet to an iron pin found (#4 Re- Rod); thence along the boundary of certain property now or formerly owned by Pulte Home Corporation North 85057'35" West a distance of 496.24 feet to an iron pin found (#4 Re-Rod) and the TRUE POINT OF BEGINNING. Said tract contains 11.404 acres, in accordance with that certain Boundary Survey for the Columns Group, prepared by William Henry Kelly, Jr., GRLS # 2489, dated May 4, 2004. - (E) Approval of Pretty Branch Creek Drainage Basin Study It is proposed to engage the services of Welker & Associates to conduct a drainage study in the City at an estimated cost of $80,000. It is further proposed to make initial payment for the study from contingency funds, and to subsequently reimburse the contingency account with revenues anticipated from collection of storm water management fees. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Wood recognized Ms. Edgar, who had no report. Council Member Wood expressed condolences to the family of Johnnie Mae Lovvern who passed away recently. - December 20.2004 16 Council Member Lnenicka recognized Fire Chief Lanyon, and Chief Lanyon provided details to those present concerning a structure fire with fatalities which occurred in the City recently. Chief Lanyon urged everyone to be mindful of fire safety precautions during the holiday season. Chief Lanyon stated that the City has entered into an agreement with Metro Ambulance (MA) to provide medical coverage in the City. Chief Lanyon stated that MA is leasing space at Station 4 and that ambulance response time has improved. - Council Member Lnenicka recognized Chief Hook, and Chief Hook provided statistics concerning recent City police operations to those present. Council Member Lnenicka encouraged those present to attend the Celebrity Wheelchair Basketball Jam on December 29 at Campbell Middle School. Council Member Lnenicka wished everyone a happy holiday season, and thanked all the City employees for their work during the year. Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present regarding positions for which the City is presently recruiting. Council Member Smith thanked the City employees for their assistance during his first year in office, and wished everyone a Merry Christmas and a prosperous New Year. Council Member McNabb recognized Mr. Seigler, and Mr. Seigler thanked everyone for helping to make this year's library operations a success. Mr. Seigler provided details of upcoming library programs and events to those present. Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details regarding the Community Center schedule during the holidays. - Council Member McNabb recognized Ms. Bennett, who had no report. Council Member McNabb thanked the City employees for their assistance during his first year in office, and wished everyone a happy holiday season. Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details to those present concerning recent court services operations. Ms. Hiott stated that Spanish language instruction will be provided to some staff members early next year; Ms. Hiott stated this language training is being conducted in order to help the City staff better serve the City's residents. Ms. Hiott stated the City Records Center is frequently used by City staff, and it is evident that records storage has proven to be a worthwhile use for this facility. Ms. Hiott provided statistical information to those present concerning the volume of records material which is handled through the Records Center on a regular basis. Ms. Hiott provided details to those present concerning the acreage annexed into the corporate limits of the City during 2003 and 2004. Council Member Scoggins wished everyone a Merry Christmas and a Happy New Year. Council Member Newcomb recognized Mr. Miller, who had no report. Council Member Newcomb commented favorably on the City's employees and expressed appreciation for their service to the citizens. Council Member Newcomb thanked the other members of the City's elected body for their cooperation and service to the community. Council Member Newcomb stated that the City is able to provide police, fire and emergency medical service to its citizens in a timely manner, and that this rapid response to emergencies is a valuable service provided to City residents. - December 20, 2004 17 - Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes expressed appreciation to the members of the council for their support throughout the year. Mr. Stokes provided details to those present regarding various Public Works Department projects and activities. Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present concerning recent KSB activities. Ms. Kirk stated that after the holidays, there will be recycling sites for natural Christmas trees at certain Home Depot stores in the area; Ms. Kirk urged everyone to consider recycling their Christmas trees as a cost-effective and environmentally friendly alternative to conventional disposal. Ms. Kirk stated that a local tree service provides chipping service to the City at no cost, and that the 11 Alive television station provides media coverage of this event. Ms. Kirk stated that the Georgia Department of Community Affairs provides organizational assistance for the tree recycling event. Ms. Kirk stated that tree seedlings will be provided free of charge at the tree recycling locations. At Council Member Pritchett's request, Ms. Kirk provided details to those present regarding a $5,000 check for Keep Smyrna Beautiful programs which was received along with a First Place National Award from Keep America Beautiful. Ms. Kirk stated these funds were provided by the Anheuser Busch Company. Ms. Kirk stated that some special guests will be present at the January 18 council meeting for the presentation of this award. Council Member Pritchett stated that several families were displaced by the recent structure fire in the City, and provided details to those present concerning steps taken and planned to provide relief for the persons affected. Council Member Pritchett expressed appreciation to the City's staff for their assistance and support, and wished everyone a safe and happy holiday season and a happy New Year. - Mr. Wright provided details to those present concerning the holiday schedule for City Hall and other non-emergency City services. Mr. Cochran wished everyone a Merry Christmas. Ms. Hiott wished everyone a Merry Christmas. Mayor Bacon thanked everyone for their efforts during the past year. Mayor Bacon wished everyone a Merry Christmas and a Happy New Year. Mayor Bacon commented on the City tree ordinance and tree conservation in Smyrna. CITIZENS INPUT: Mayor Bacon recognized Ms. Nikki Wilson, representing the Dream Makers Youth Foundation, and Ms. Wilson invited everyone to the Celebrity Wheelchair Basketball Game on December 29. Ms. Wilson provided details to those present concerning this event, and asked everyone for their support. Mayor Bacon recognized Ms. Roberta Cook, and Ms. Cook commended the City's leadership for their decision to try to acquire the Presley house. Ms. Cook expressed views concerning historical preservation and steps she believes should taken to help make certain this historically significant landmark is preserved for posterity. - Mayor Bacon recognized Mr. Howard Martin, and Mr. Martin thanked the City's officials for the athletic facilities improvements under construction at Campbell Middle School. Mr. Martin December 20, 2004 18 urged all the citizens of Smyrna to support the parks bond referendum scheduled for March 15, 2005. Mr. Martin stated the proposed improvements will be beneficial to everyone in Smyrna. Mr. Martin wished everyone a Merry Christmas and a Happy New Year. ADJOURNMENT: - With no further business, the meeting was adjourned at 11 :25 p.m. A. MAX BACON, MAYOR ~ // .~ / "./ \ f ..~ ~ ILLSOGGIN~3 ~~~ CHARLES PETE WOOD, WARD 7 I SU AN D. HIOTT, CITY CLERK ~ ~.^~ RO NEWCOMB, WARD 2 '~~ ~{k.{;kJ/'- MICHA: L McNABB, ARD - WADE S. LNENICKA, WARD 6 - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot I 77 Acres 0.443 2004-32 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 December 20, 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 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. day of A. Max Bacon, Mayor ~~ D.~- Susan D. HIOtt, City Clerk City of Smyrna 1 - )l~ Scott A. Cochran, City Attorney City of Smyrna - Ordinance # 2004-32 Exhibit" A" Legal Description All that tract or parcel of land lying and being in Land Lot 177 of the 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: To find the true point of beginning commence at an iron pin found along Oakdale Road (Right of Way varies) South 50 degrees 44 minutes 25 seconds west a distance of99.97 feet to a point along said right of way, thence turning south 46 degrees 24 minutes 40 seconds east a distance of 194.33 feet to an iron pin found, thence turning north 50 degrees 51 minutes 32 seconds east a distance of99.98 feet to a point; thence turning north 46 degrees 24 minutes 25 seconds west a distance of 194.53 feet and the true point of beginning. Said tract containing 0.443 acres (19,284.3 square feet). - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 170 Acres 0.414 2004-33 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 December 20,2004 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. 20th day of A. Max Bacon, Mayor ~~~D, Susan D Hiott, City Clerk City of Smyrna , y~- - .~ j) ~------ dc;ttA. Coo ran, C;ty Attorney City of Smyrna - Ordinance # 2004-33 Exhibit "A" Legal Description All that tract or parcel of land lying and being in Land Lot 170 of the 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: To find the true point of beginning commence at an iron pin found along Oakdale Road (Right of Way varies) South 61 degrees 53 minutes 06 seconds east a distance of200.55 feet to a point, thence turning north 22 degrees 54 minutes 32 seconds east a distance of 99.97 feet to an iron pin found, thence turning north 66 degrees 34 minutes 17 seconds west a distance of 194.65 feet to a point along said right of way; thence turning south 26 degrees 27 minutes 40 seconds west a distance of 83.17 feet and the true point of beginning. Said tract containing 0.414 acres (18,014.54 square feet). - - Ordinance # 2004-35 Exhibit "A" - Legal Description All that tract or parcel ofland lying and being in Land Lot 170 of the 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: To find the true point of beginning commence at an iron pin found along Oakdale Road (Right of Way varies) South 61 degrees 47 minutes 27 seconds east a distance of200.17 feet to a point, thence turning north 24 degrees 35 minutes 24 seconds east a distance of 180.00 feet to a point, thence turning north 61 degrees 42 minutes 05 seconds west a distance of204.91 feet to a point along said right of way; thence turning south 23 degrees 00 minutes 21 seconds west a distance of 80.68 feet to a point, thence continuing along said right of way south 24 degrees 08 minutes 38 seconds west a distance of 13.49 feet to a point, thence south 23 degrees 00 minutes 57 seconds west a distance of 86.51 feet and the true point of beginning. Said tract containing 0.833 acres (36,265.68 square feet). - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 170 Acres 0.833 2004-35 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 December 20, 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 December, 2004 20th day of /~/ A. Max Bacon, Mayor ~~cg.~ City of Smyrna - 1~~ Scott A. Cochran, City Attorney City of Smyrna ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 170 Acres 0.935 2004-34 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 December 20, 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 December, 2004 day of A. Max Bacon, Mayor ~D.Y~ Su an D. HIOtt, City Clerk City of Smyrna - .J dt-- ~ Scott A. Coch n, City Attorney ~. City of Smyrna - Ordinance # 2004-34 Exhibit "A" Legal Description All that tract or parcel of land lying and being in Land Lot 170 of the 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: To find the true point of beginning commence at a point found along Oakdale Road (Right of Way varies) South 66 degrees 34 minutes 17 seconds east a distance of 194.65 feet to an iron pin found (1" rod), thence turning north 23 degrees 0 1 minutes 0 1 seconds east a distance of 196.53 feet to a point, thence turning north 61 degrees 47 minutes 27 seconds west a distance of 200.17 feet to a point along said right of way; thence turning south 23 degrees 00 minutes 53 seconds west a distance of213.38 feet and the true point of beginning. Said tract containing 0.935 acres (40,710.58 square feet). - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 171 Acres 4.10 2004-36 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 December 20, 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 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 December, 2004 20th day of ,~~--P A. Max Bacon, Mayor ~ \0. y~ ~ D. Hiott, City Clerk City of Smyrna - ! .J/'~~ Scott A. Cochran, City Attorney City of Smyrna - Ordinance #2004-36 Exhibit "A" Legal Description All that tract or parcel ofland lying and being in Land Lot 171 of the 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: - Beginning at a point one foot north of the fence corner on the west side of Nichols Drive (50' right of way) which coincides with the southern boundary of a 60' pipe line easement to Colonial Pipe Line Company, thence running north 88 degrees 00 minutes 30 seconds west a distance of 250.6 feet to an iron pin found, thence running south 86 degrees 48 minutes 30 seconds west a distance of 191 feet to an iron pin placed, thence running south 73 degrees 48 minutes 55 seconds west a distance of 56.6 feet to an iron pin found on the west land lot line of Land Lot 171, thence running north 00 degrees 20 minutes 05 seconds west a distance of 106.9 feet to an iron pin found, thence running north 00 degrees 24 minutes 05 seconds west a distance of 402.00 feet to an iron pin found at the common intersection of Land Lots 62, 63 170 and 171; thence running north 89 degrees 36 minutes 40 seconds east along the north land lot line of Land Lot 171 a distance of 322.2 feet to an iron pin found; thence running south 04 degrees 20 minutes 05 seconds west a distance of 300.0 feet to an iron pin placed; thence running south 71 degrees 39 minutes 40 seconds east a distance of 193.7 feet to an iron pin placed on the northwesterly arc of the cul-de-sac of Nichols Drive; thence running southwesterly along the arc formed by the northwesterly cul-de-sac of Nichols Drive 114.7 feet (said call being subtended by a chord bearing and distance of south 09 degrees 40 minutes 40 seconds east 97.71 feet); thence running south 01 degrees 20 minutes 40 seconds west a distance of 37.0 feet to an iron pin found at the point of beginning. Said tract contains 4.10 acres (178,596.0 square feet). - ORDINANCE No. 2004-37 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 106 - VEGETATION, ARTICLE II, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTIONS 106-31, 106-32 AND 106-40 OF SAID CODE TO SUPPLEMENT MINIMUM TREE DENSITY REQUIREMENTS, TO ADD ALTERNATIVE MEANS OF COMPLIANCE TO TREE DENSITY REQUIREMENTS AND TO AMEND MEASURES FOR PROTECTION OF TREES DURING CONSTRUCTION BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 106, Article II, of the Code of Ordinances of the City of Smyrna, Georgia, be amended so that such Chapter shall read as follows: Section 106-31 Minimum Tree Density Requirements - (a) A basic condition of The Smyrna Tree Ordinance is that all applicable sites maintain a minimum tree density of twenty (20) units and a maximum of thirty-five (35) units per acre. The term "unit" is an expression of basal area, and is not synonymous with "tree". The density requirement must be met whether or not a site had trees prior to development for the issuance of a development permit. All specimen trees must be recompensed before either existing non-specimen or new trees can be considered when calculating the maximum tree density. Section 106-32 Alternative Compliance to Tree Density Requirements (f) Existing specimen trees may count toward the minimum tree density requirements if land disturbance occurs within no more than 20% of the CRZ and a five-year tree bond, letter of credit or other form of surety approved by the City is provided to City. This bond/letter of credit shall be equal to the replacement cost of the specimen tree, recompensing inch-for-inch with 4" caliper trees, in addition to the removal cost of the same tree. The City will take a photographic record of the condition of the specimen tree within thirty (30) days after the Certificate of Occupancy is issued. When the b9nd/letter of credit is requested to be released, the City will review the photographic record of the tree five years prior and compare it to the current condition of the tree to determine the release of the bond/letter of credit. Section 106-40 Tree Protection During Construction - (c) Materials for active tree protection shall consist of chain link, orange laminated plastic, wooden post and rail fencing or other equivalent restraining material. In addition to fencing, where active tree protection is required, each tree to be saved shall be marked at the base of the trunk with surveyor's flagging ribbon with a permanent marker indicating the size and species of tree, or number of the tree which is cross-referenced by tree size and species on a chart on the tree survey plan. The flagging ribbon shall encompass the tree; slashing the tree bark and wedging the flagging ribbon into the bark damages the tree and is not acceptable. ORDINANCE No. 2004-37 - 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. Attest: ~;1l2lt~ City of Smyrna Approved as to form: - ^ 1/ ~1 ~~---- -. Scott A. Cochran, City Attorney - 2