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03212005 March 21, 2005 March 21, 2005 ... 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, Deputy Police Chief Michael Brown, 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 Joey Hatchell from Faith 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 Z04-3 I - Flea Market Operation - 2 144 South Cobb Drive - RAM South Cobb, LLC) will be tabled until the May 2, 2005 council meeting. MAYOR'S REPORT: ... Mayor Bacon recognized Ms. Paula Weeks, and Ms. Weeks stated that the recent vote of approval of the parks bond issue will provide facilities for City residents to use for many years to come. Ms. Weeks expressed appreciation to various volunteers who were involved in the dissemination of information to the public regarding the referendum. Council Member McNabb expressed thanks to those who participated in the election, and commented on the importance of this referendum to the future of the City. LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Public Hearing - Special Land Use Permit Request Z04-3 I - Flea Market Operation - 2 144 South Cobb Drive - RAM South Cobb, LLC Mayor Bacon stated this public hearing will be tabled until the May 2, 2005 council meeting. Mayor Bacon asked ifthere is anyone present in relation to this matter, and there was no response. 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 May 2,2005 council meeting. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (B) Public Hearing - Rezoning Request Z05-002 - R- I 5 to RAD Conditional - .92 Acre Tract - 2731 North Avenue - New Smyrna Properties, LLC -- Mr. Wright stated the applicant is requesting rezoning of the subject tract for construction of four single-family residences at a density of 4.08 units per acre. Mr. Wright stated that the Planning and Zoning Board (PZB) recommended approval for three dwellings at a density of 3.26 units per acre. March 21. 2005 2 Mr. Wright stated that an alleyway adjoining the subject property was subsequently abandoned by the City, and a small portion of the abandoned land was incorporated into the subject parcel. Mr. Wright stated staff recommends approval of the rezoning subject to 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 Scoggins recognized Mr. Price Futrell, and asked Mr. Futrell to provide details to those present concerning his plans for the subject property. Mr. Futrell stated the house presently at the subject location is an older structure which is used for rental purposes. Mr. Futrell stated his plans call for construction of four new two-storey houses on the subject property with garages in the rear. Mr. Futrell stated the conditions recommended by staff are acceptable. Council Member Scoggins asked Mr. Futrell if the property has been cleared of debris, and Mr. Futrell stated the clean-up of the property is still in progress. Mr. Futrell stated an asbestos abatement process must be completed before a demolition permit can be obtained. Mr. Futrell presented graphic representations of the planned structures for inspection by those present. Council Member Smith asked what the square footage of the structures will be, and Mr. Futrell stated they will be about 2,200 s.f. in size. Council Member Smith asked if one of the houses will have a detached garage, and Mr. Futrell said no. Mr. Futrell stated there will be some changes to the house plans. Council Member Smith asked why the property cannot be developed with three residences, and Mr. Futrell stated this lower number of structures would not be the best use of this property. Mr. Futrell expressed the view that the density is acceptable at the proposed level, and that not fully utilizing the property would be a waste. Council Member Scoggins asked Mr. Futrell if it is correct that the proposed development will entail installation of sidewalks where there presently are none, and Mr. Futrell answered in the affirmative. Mayor Bacon recognized Ms. Paula Kramer, residing at 1551 Walker Street, and Ms. Kramer expressed concerns about the density of the proposed development and storm water runoff on the subject property. Ms. Kramer expressed the view that information on the site plan indicating that there are no State waters within 200' of the subject property may not be accurate. Ms. Kramer requested that no action be taken on this rezoning request until a site plan for the subject property showing streams and buffers clearly delineated can be obtained. Mr. Hildebrandt stated he has visited the subject site and observed a small stream which he believes is a State waterway near lot #4 which would require a stream buffer. Mr. Hildebrandt stated it appears that the rear driveway on lot #4 as planned may encroach on the stream buffer. Mr. Hildebrandt stated the City's regulations require a 50' stream buffer. Ms. Kramer stated she would like to see proper documentation. Mayor Bacon stated that, even if the rezoning is approved, the developer must comply with all regulations before any houses can be built. Council Member Newcomb commended Ms. Kramer for her interest in protecting the stream from sedimentation. - Council Member Newcomb asked Mr. Futrell if he would agree to a stipulation for a water detention structure on the subject property designed to detain 20% of storm water runoff from a 100-year storm event, and Mr. Futrell answered in the affirmative. Mr. Futrell stated he wants to build these houses properly. Council Member Newcomb expressed concern about the apparent omission of the stream on the initial site plan. At Council Member Scoggins' request, Mr. Miller read the following stipulations for the rezoning to those present: ... March 21. 2005 3 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. - 2. There shall be protective covenants on all lots. These protective covenants shall be supplied to the city prior to the issuance of a building permit. 3. All utilities within the development shall be underground. 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 20% reduction in a 100-year storm event. The City Engineer shall approve all plans 5. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of2' shall be provided between the back of curb and sidewalk. 6. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. - 7. No debris may be buried on any lot or common area. 8. The developer will comply with the City's current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the developer during construction. 9. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 10. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. II. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. Special Conditions 12. The development shall maintain the following setbacks: ... Front Rear Side Interior Side Exterior 25' 20' 7.5' 10' March 21, 2005 4 Minimum Building Separation 15' 13. The right-of-way along North Avenue shall be increased to 50 feet to match other residential road right-of-ways. Therefore a dedication of 10 feet along the east side of North Avenue is required (setbacks may be measured from the existing North Avenue right-of-way). - 14. A 25' utility easement shall be retained along the rear lot line in what was formerly the public alley. 15. The developer shall have the option to count eXlstmg specimen trees toward the minimum tree density requirements under the following conditions: . No land disturbance occurs within the Critical Root Zone (CRZ), or; . Land disturbance occurs within the CRZ and a five-year tree bond or letter of credit is provided to City. This bond or letter of credit shall be equal to the replacement cost associated with the specimen tree (with 4" caliper trees), physical tree removal and an inspection by a certified arborist after the final certificate of occupancy is issued and when the bond/letter of credit is requested to be released. 16. The applicant shall submit a final site plan denoting the location of the state water and stream buffer prior to the issuance of any building permit. Council Member Scoggins asked Mr. Futrell if the conditions as read, as well as the requirement for a detention structure with a 20% capacity, are acceptable, and Mr. Futrell answered in the affirmative. Council Member Newcomb stated that a revised site plan should be submitted to Mr. Miller and made a part of the record. - MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z05-002 from R-15 to RAD Conditional for a .92 acre tract at 2731 North Avenue for New Smyrna Properties, LLC. The motion was seconded by Council Member Pritchett. At Council Member McNabb's request, Mr. Futrell and his consulting engineer used an illustration to show those present where the storm water detention structure will be built on the property. Motion was approved 7 - O. (C) Public Hearing - Rezoning Request Z05-003 - R-15 to RAD Conditional- 10.92 Acre Tract - Land Lot 382, Sherwood Drive and South Sherwood Road - Weaver and W oodbery Company Mr. Wright stated the applicant has requested rezoning of a 10.92 acre parcel to accommodate twenty-six single-family residences and fifty-seven townhouse units at a density of 7.60 units per acre. Mr. Wright stated the Planning and Zoning Board voted to recommend approval for eighty- seven residences at a density of 7.97 units per acre at its February meeting. Mr. Wright stated the site plan was subsequently amended by the applicant to replace the townhouse units along the southern property boundary with single-family residences reducing the density to 7.6 units per acre. Mr. Wright stated staff recommends approval of the rezoning request conditioned upon a number of stipulations. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to numerous persons by Mr. Cochran. - March 21, 2005 5 - Council Member McNabb recognized Mr. Garvis Sams, and asked Mr. Sams to recapitulate the changes to this proposal which have been made. Mr. Sams stated he is an attorney representing the applicant Weaver and Woodbery Company (WWC). Mr. Sams stated the southern boundary of the subject property which borders another subdivision has now been earmarked for construction of single-family structures instead of the townhouses shown initially in the plan. Mr. Sams stated the plan as amended calls for a total of 83 dwellings at a density of 7.6 units per acre. Mr. Sams stated the plan as amended comprises 26 detached structures and 57 attached structures. Mr. Sams stated that review ofthe plan indicates that there will be an adequate amount of open space within the development as planned. Mr. Sams stated the subject property is shown on the current land use map as designated for medium density residential use for up to 6 units per acre. Mr. Sams stated the subject property is presently the site of a mobile home park which has operated as a continuing non-conforming use. Mr. Sams stated the mobile home park has been the subject of a number of ordinance violation complaints, and that a number of failed septic structures are located there. Mr. Sams stated the applicant has met with residents of the adjacent neighborhoods and City staff and officials to solicit their input for the formulation of this plan. Mr. Sams stated the detached dwellings will range in size from 2,800 s.f. to 3,400 s.f. with selling prices starting at around $420,000 to more than $600,000. Mr. Sams stated the attached dwellings will range in size from 1,800 s.f. to 2,400 s.f. with selling prices from around $300,000 to around $400,000. Mr. Sams stated some of the planned dwellings will feature master bedrooms on the main floor which is a feature which often appeals to mature purchasers. Mr. Sams stated that all the planned structures will feature two-car garages with covenants prohibiting the conversion and use of the garages as office space or other living space. Mr. Sams stated the covenants will contain a requirement limiting the number of these dwellings which can be used for rental purposes to no more than ten percent of the total units. Mr. Sams stated the covenants will require any leases to be no less than one year in duration. Mr. Sams stated a mandatory homeowners association (HOA) will be required for the development, and that this HOA will be responsible for maintaining all the common areas. Mr. Sams stated the HOA will be administered by a third-party professional management entity. Mr. Sams stated the detention structures on the subject tract will be constructed in such a way as to be visually appealing. Council Member McNabb asked Mr. Sams if WWC would agree to a stipulation for a water detention structure on the subject property designed to detain 20% of storm water runoff from a 100-year storm event. Mr. Sams stated the applicant can comply with such a requirement if necessary. Mr. Sams pointed out that increasing the depth of the detention structure will likely create a need for a fence around the structure, and that such a fence could diminish the aesthetic appeal of the structure as presently planned. Council Member McNabb asked Mr. Sams if the applicant intends to install decorative street lights along the sidewalk planned for South Sherwood Road, and Mr. Sams answered in the affirmative. Council Member McNabb asked Mr. Sams if the applicant will agree to additional stipulation language to the effect that all landscaping will be irrigated, and Mr. Sams answered in the affirmative. At Council Member McNabb's request, Mr. Woodbery provided details to those present regarding the planned configuration of the intersection of South Sherwood Road and Sherwood Drive. At Council Member McNabb's request, Mr. Woodbery and Mr. Sams provided details to those present regarding landscape screen and buffer measures along the southern boundary of the subject property. Council Member McNabb asked Mr. Sams ifWWC would agree to a stipulation limiting the number of these dwellings which can be used for rental purposes to no more than ten percent of the total units at anyone time, and Mr. Sams answered in the affirmative. - ... Mayor Bacon recognized Dr. Douglas Hoffman, residing at 2221 Austin Lake Drive, and Dr. Hoffman presented a petition signed by persons in opposition to this rezoning request to the present officials. Dr. Hoffman presented a letter, a summary of rezoning requests heard by the March 21, 2005 6 Smyrna city council over the last three years, photographs, a statement of opposition, recommendations and stipulations to the present officials. Dr. Hoffmann expressed the view that the density of the proposed development is too high in relation to adjacent residential developments. Dr. Hoffman provided details to those present concerning various rezonings previously approved or denied by the Smyrna city council. - Mayor Bacon recognized Mr. Haren Jangla, residing at 2223 Austin Lake Drive, and Mr. Jangla read a statement of opposition to the proposed development composed by some of the residents of his neighborhood to those present. Mayor Bacon recognized Mr. Greg Perry, residing at 3525 South Sherwood Road, and Mr. Perry presented a petition signed by residents of the Smyrna Home Park requesting the city council to reconsider this rezoning request. Mr. Perry provided at least one photograph to those present showing an area where no hearing sign has been posted. Mr. Perry expressed concerns about the density of the proposed development. Mayor Bacon recognized Mr. Bob Kinney, residing at 2219 Austin Lake Drive, and Mr. Kinney expressed concerns about the density of the proposed development and environmental and topographical issues associated with the subject property. Mr. Kinney expressed concerns about the ability of the new development's HOA to maintain the property. Dr. Hoffman provided details to those present regarding additional stipulations for the rezoning recommended by some of the residents living near the subject property. Council Member McNabb asked Mr. Sams if some ofthese additional stipulations may be acceptable to the applicant, and Mr. Sams answered in the affirmative. Mayor Bacon asked Mr. Miller if there is any land in the subject area which may be contaminated from the fill lines there. Mr. Miller stated examination of adjacent City park property by the Cobb County environmental department indicated some leakage by the septic tanks on the subject property. Mr. Miller stated the septic tanks can be maintained if pumped out. Mr. Miller stated the failure of some of these septic systems may have been caused by wet weather conditions. Mr. Miller stated he is aware of no current environmental problems on adjacent properties in the subject area. Council Member Lnenicka asked Mr. Sams why the applicant cannot consider a lower density for the proposed development. Mr. Sams stated that land costs and anticipated environmental remediation costs necessitate a higher density to make the proposed redevelopment feasible. Mr. Sams stated the applicant has already lowered the density as much as it can be lowered. Council Member Lnenicka asked Mr. Sams if the property has a viable use as currently operated. Mr. Sams stated that trailer parks can be profitable if operated properly, but he is not familiar with any particulars regarding operating profit or loss for the trailer park on the subject property. Council Member Wood asked Mr. Sams how much time the current tenants of the trailer part would be given to vacate the property if this measure is approved. Mr. Sams stated that sixty days notice is required before any tenants can be displaced, but that WWC should be able to be flexible on this point. Council Member McNabb expressed appreciation to Dr. Hoffman and the other residents for reviewing information pertaining to previous rezonings and sharing their findings. Council Member McNabb stated he believes the citizens will realize a benefit from this rezoning in the form of a new neighborhood which will be an asset to the entire community. Council Member McNabb stated he believes a medium density project on the subject property would not be viable because of the anticipated remediation costs involved in the redevelopment. - MOTION: Council Member McNabb made a motion to approve Rezoning Request 205-003 from R -15 to RAD Conditional for 1 0.92 acre tract in Land Lot 382, Sherwood Drive and South Sherwood Road for Weaver and Woodbery Company subject to 24 stipulations as agreed upon - March 21. 2005 7 - with the applicant. Council Member McNabb stated a list of conditions formulated by staff comprises the first 17 stipulations (Clerk's Note: A list of stipulations formulated by City staff is appended hereto as Exhibit A). Council Member McNabb stated stipulation # 18 will contain language to the effect that a third party HOA management agreement will be required. Council Member McNabb stated stipulation # 19 will contain language to the effect that that no more than 10% of the townhome units can be leased at anyone time. Council Member McNabb stated that language will be added to the stipulations specifying that an 8-foot screen wall/fence featuring two-sided wooden construction will be installed on the southern boundary of the development. Council Member McNabb stated the landscape buffer must be approved by the City's arborist and reviewed with the homeowners and adjacent property owners along the southern boundary. Council Member McNabb stated all trailers, septic tanks, utility poles and utility lights must be removed before any home construction is commenced. Council Member McNabb stated that all trash and debris must be removed from within the southern property setback before any construction commences. Council Member McNabb stated that during construction, property within the 30' southern property line setback will be kept free of all construction materials, soil and other debris. The motion was seconded by Council Member Wood. Council Member Newcomb stated that when the city council members consider a rezoning request, they are required by ordinance to consider nine zoning review factors. Council Member Newcomb stated he agrees with the staff recommendation that this rezoning should be approved subject to the prescribed stipulations. Council Member Newcomb stated he believes that the evidence which has been presented sufficiently addresses the nine zoning criteria. Council Member Lnenicka asked Mr. Sams ifhis client is agreeable to the rezoning stipulations as prescribed and enumerated by City staff and Council Member McNabb, and Mr. Sams answered in the affirmative. Council Member Lnenicka requested that the current tenants of the subject property be given at least 90 days notice to vacate the property. Mr. Sams stated his client will agree to a stipulation giving the current tenants of the subject property at least 90 days notice to vacate the property. Council Member McNabb stated that a stipulation specifying that a minimum of90 days notice, written and hand-delivered, is to be allowed for all the current tenants of the subject property before the property is vacated and that said stipulation should be added to the list of conditions. Council Member Lnenicka stated the motion should be amended to reflect this additional information. - MOTION: Council Member McNabb made a motion to amend the motion to approve Rezoning Request Z05-003 from R-15 to RAD Conditional for 10.92 acre tract in Land Lot 382, Sherwood Drive and South Sherwood Road for Weaver and Woodbery Company subject to stipulations as agreed upon with the applicant plus the additional requirement to allow all the current tenants of the subject property at least 90 days written notice to vacate the property. The motion was seconded by Council Member Lnenicka. Motion to amend the motion was approved 7 - O. The motion to approve the rezoning as amended was approved 7 - O. (0) Annexation Request - .4 Acre Tract - Land Lot 519, Parcel 73, 1 ih District, 2nd Section, Cobb County, Georgia- 1268 Pierce Avenue - Gregg L. Cuppels Mr. Wright stated the subject property is currently used for residential purposes with no rezoning or redevelopment planned in the immediate future. Mr. Wright stated the legal description of the subject property has been reviewed by the City Engineer with satisfactory results. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. ... Council Member Scoggins recognized Mr. Cuppels and stated he is happy to have him in the March 21, 2005 8 City. MOTION: Council Member Scoggins made a motion to approve annexation of a .4 acre tract in Land Lot 519, Parcel 73, I ih District, 2nd Section, Cobb County, Georgia at 1268 Pierce Avenue for Gregg L. Cuppels to become a part of Ward 3 with an effective date of April 1, 2005. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Approval of amendments to Chapter 54 of the City of Smyrna Code of Ordinances for Flood Damage Prevention Mr. Wright stated this is a model ordinance updated by the Federal Emergency Management Agency (FEMA) and required for local governments. Mr. Wright provided a brief summary of the proposed ordinance changes to those present. Mr. Wright stated the city engineer has reviewed the ordinance and recommends approval. Council Member Newcomb asked Mr. Hildebrandt if it is correct that this model ordinance contains standard language required by FEMA, and Mr. Hildebrandt answered in the affirmative. MOTION: Council Member Newcomb made a motion to approve the amendment of Chapter 54 of the City ofSmyma Code of Ordinances for flood damage prevention. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. - (B) Approval of Resolution of Declaration of Parks Bond Referendum Results Mr. Wright stated a referendum was held on March 15, 2005 in which 976 votes were cast. Mr. Wright stated 4 of these ballots were spoiled, and 813 votes were cast in favor of authorization of the City to enter into a contract with the Downtown Development Authority (DDA) for the purpose of issuing bonds for parks and recreation improvements. Mr. Wright stated there were 159 votes cast in opposition to this proposal. Council Member Wood read A Resolution Declaring the Results of an Election for Unbonded Indebtedness Held on March 15, 2005; and for other Related Purposes and A Resolution of the Cobb County Board of Elections and Registration Declaring the Results of an Election for Unbonded Indebtedness Held in the City of Smyrna on March 15,2005; andfor other Related Purposes to those present. MOTION: Council Member Wood made a motion to approve adoption of the Resolution and Amendment A to the Resolution. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: (A) 2,664 s.f. Restaurant Building - 2654 Spring Road - Candito Construction ... MOTION: Council Member Pritchett made a motion to approve a commercial building permit March 21. 2005 9 for a 2,664 s.f. restaurant building at 2654 Spring Road for Candito Construction. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. - (B) 12,000 s.f. Office Building - Epicenter development at 3350 Atlanta Road - Tom Plauche MOTION: Council Member Lnenicka made a motion to approve a commercial building permit for a 12,000 s.f. office building at Epicenter development at 3350 Atlanta Road for Tom Plauche. The motion was seconded by Council Member Wood. Mayor Bacon asked if this building permit will be subject to the stipulations formulated when the subject property was last rezoned. Council Member Lnenicka stated the stipulations will be in force if the builder chooses to utilize the variances originally approved. Motion was approved 7 - O. CONSENT AGENDA: (A) Approval of March 7, 2005 Minutes (B) Approval of Use of Council Chambers by Cobb County on May 5, 2005 at 7:00 p.m. for a SPLOST information meeting (C) - Approval oftelecommunications easement at Fire Station #4 Several years ago Qwest Communications was allowed to install a telecommunications line along the right-of-way of South Cobb Drive. They recently discovered that portions of their line were accidentally installed off of the right-of-way and encroached on adjacent properties. The encroachment on the Fire Station #4 property is approximately 12 feet. They are requesting that the line be allowed to stay in its current location and need a 10' wide easement from the City for the portion that encroaches on Fire Station #4. They are offering the City $7,000 for the easement which is the amount agreed upon with the adjacent bank. The City Engineer and Fire Chief have no objections to allowing this easement, and approval is recommended. (D) Approval of Purchase of VOIP Equipment and Installation Services from DCS from FY2005 Budgeted Funds The existing PBX telephone system in the community center and library was put in place when the buildings were originally built. This system is now obsolete and out of production. Since both the library and parks and recreation departments use this system they each budgeted $11,000 for a replacement. The new system selected was the Voice over IP (VOIP) system offered by Cisco Systems. This system is available utilizing state contract pricing, and is compatable with the current data network infrastructure. The VOIP system basically combines the computer and phone network infrastructure and is becoming widely accepted in both business and government offices. Funds for this project are included in the FY 2005 Budgets for the library and parks and recreation departments. Since the equipment is being purchased under state contract pricing, no bidding was done on the equipment. A consulting fee is included in the total for installation and training from Diversified Computer Solutions, a recommended Cisco business partner. (E) .. Award of Bid # 5-019 Public works requested bids for the replacement of sanitary sewer main at the intersection of Shawnee Trail and Mohawk Place. Due to the condition of the manhole in the intersection and the percent grade of the in and out piping, the sewer main will be re- routed to segment the comer in order to establish an acceptable percent grade. March 21, 2005 10 Three vendors submitted the following bids: Wade Coots Co. o & H Construction $77,251.00 $128,857.18 - K.M. Davis Contracting $147,500.00 Public works staff and purchasing have reviewed the bids and recommend bid award to the lowest bidder Wade Coots Co. for $77,251.00 MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Stokes, and 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 current and upcoming KSB activities. Council Member Newcomb recognized Mr. Miller, who provided current building permit statistics to those present. Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott stated the new digital sound recording system is now in place and operational. Ms. Hiott stated a new document imaging system is scheduled for installation during May. Ms. Hiott provided details to those present concerning recent court services operations. Ms. Hiott stated several staff members recently completed a ten-week class in basic Spanish in an effort to provide better customer service. Ms. Hiott commented favorably on the employee classroom participation and the way in which the class was conducted. - Council Member McNabb recognized Mr. Seigler, and Mr. Seigler stated the City Library will be closed during the Easter Holiday. Mr. Seigler provided details of recent and upcoming library programs and events to those present. Council Member McNabb stated the City Library is a venue for cultural events as well as a source of books and other information. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those present regarding upcoming City events to those present. Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio commented on parks and recreation improvement projects the City will undertake now that the parks bond measure has been approved. Mr. Ciaccio stated the latest Instructional Classes and Recreational Activities Guide has been posted and distributed. Mr. Ciaccio provided details on event registration and other information to those present. Council Member McNabb asked Mr. Ciaccio to take steps to make certain that information concerning progress on parks and recreation improvements is made available on the City website. Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present concerning positions for which the City is currently recruiting. - March 21, 2005 11 Council Member Lnenicka recognized Fire Chief Lanyon, who had no report. - Council Member Lnenicka recognized Deputy Chief Michael Brown, and Deputy Chief Brown had no report. Council Member Lnenicka thanked the residents of Ward 6 for their support of the recent parks bond referendum. Council Member Lnenicka reported that commemorative pavers are still available for the Veterans Memorial. Council Member Lnenicka stated that Woodland Ridge assisted living facility will be hosting its second annual used book fair at the end of March. Council Member Lnenicka stated that all proceeds ofthis event will be donated to the Alzheimers Association. Council Member Wood recognized Ms. Edgar, who had no report. Council Member Wood thanked the residents of Ward 7 for their support of the recent parks bond referendum. Mr. Wright expressed appreciation to the citizen volunteers who assisted with dissemination of information concerning the recent parks bond referendum. Mr. Wright thanked the citizens of Smyrna for the confidence in their city government which they have demonstrated through support of the parks bond measure. At Mayor Bacon's request, Deputy Chief Brown provided details to those present concerning the investigation of a recent vehicle accident which occurred in the City. CITIZENS INPUT: - Mayor Bacon recognized Mr. Alex Backry, residing on Shawnee Trail, and Mr. Backry expressed views regarding the recent parks bond referendum. Mr. Backry expressed the view that notices sent out in water bills are an effective means of disseminating information pertaining to referendums and other City functions. Mr. Backry expressed concerns regarding the effective- ness of the notification of City residents regarding the recent referendum. Mr. Backry expressed views to those present concerning the proposed use of property recently acquired by the City in the area of Ridge Road. ADJOURNMENT: With no further business, the meeting was adjourned at 10:30 p.m. ... March 21, 2005 ~ A. MAX BACON, MAYOR tJ~&~ CHARLES PETE WOOD, WARD 7 12 . ~ SU AND.HIOTT,CIT~CLERK~ - ---- ~I>AJ J~..J~ RON NEWCOMB, W A 2 - ... March 21, 2005 13 Exhibit A - Rezoning Request Z05-003 - R-15 to RAD Conditional- 10.92 Acre Tract - Land Lot 382, Sherwood Drive and South Sherwood Road - Weaver and Woodbery Company Standard Conditions (Requirements # 2, 8, and 17 from Section 1201 ofthe Zoning Code are not applicable) 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. 2. There shall be protective covenants with a mandatory homeowners association on all lots. These protective covenants shall be supplied to the City prior to the issuance of a building permit. 3. The detention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. 4. All utilities within the development shall be underground. 5. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of2' shall be provided between the back of curb and sidewalk. - 6. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 20 feet. 7. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 8. No debris may be buried on any lot or common area. 9. The developer will install decorative streetlights along and within the development, and along the sidewalks along South Sherwood Road subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". 1 O. The developer will comply with the City's current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the developer during construction. - March 21. 2005 14 11. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 12. All yards and common areas are to be sodded, and landscaped. All landscaping will be irrigated. - 13. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. 14. The developer shall provide at least 200 square feet of common space per lot. This common space shall be developed with improvements for the residential subdivision such as: gazebos, fountains, recreational/playground equipment or walking trails. The common space shall be controlled and maintained by the Homeowners Association. Special Conditions 15. The development shall maintain the following setbacks: Exterior Setbacks Sherwood Road - 10' North Property Line - 25' East Property Line - 25' South Property Line - 30' West Property Line - 30' - Interior Setbacks From Right-of-Way - 10' Rear-20' Side - 10' Single-family Detached 0' Single-family Attached Townhouse Building Separations - 20' 16. The developer shall revise the intersection of South Sherwood Road and Sherwood Drive to provide a "T" intersection. 17. A landscape buffer and an 8-foot screen wall/fence featuring two-sided wooden construction shall be installed on the southern boundary of the development - - A RESOLUTION DECLARING THE RESULTS OF AN ELECTION FOR UNBONDED INDEBTEDNESS HELD ON MARCH 15, 2005; AND FOR OTHER RELATED PURPOSES. WHEREAS, the Mayor and Council of the City of Smyrna (the "Governing Body"), which is charged with the duties of levying taxes, contracting debts, and managing the affairs of the City of Smyrna (the "City"), and the Cobb County Board of Elections and Registration (the "Elections Board"), which is the Municipal Election Superintendent of the City, called an election which was held on March 15, 2005, for the purpose of submitting to the qualified voters of the City for their determination the question of whether or not the City should be authorized to enter into a contract or contracts (the "Contract") with a private entity or with the Downtown Smyrna Development Authority, which contract or contracts provide for the purchase on an installment basis by the City of new park and recreational facilities and improvements to existing park and recreational facilities, public sidewalks and trails, land to be preserved for parks or greenspace, renovations and improvements to the existing Brawner campus for use as public facilities, and other facilities, equipment, and property useful in connection therewith; and WHEREAS, the returns of the election were duly brought up by the managers of such election, as required by law, and were presented to the Governing Body and the Elections Board for consolidation and for the declaration of the result of the election; and WHEREAS, the returns of the election were received from all of the poll officers and ... thereupon the Elections Board canvassed, computed, and consolidated the returns of the election and concurrent with the adoption of this resolution delivered a certified copy of the consolidated return of the election to the Governing Body, and the result of the election was as follows: Total number of votes cast 976 4 Total number of spoiled ballots Total number of votes cast FOR authorizing the City to enter into the Contract 813 Total number of votes cast AGAINST authorizing the City to enter into the Contract 159 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Smyrna, and it is hereby resolved by authority of the same, that the election resulted in favor of authorizing the City to enter into the Contract, by an affirmative vote of a majority of the qualified voters of the City voting in the election held for such purpose, that entering into the Contract has been authorized as required by law, and that the results of the election are hereby declared to be as set forth above. - #1953243.vl BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved by authority of the same, that a duly certified copy of the consolidated election return of the Superintendent of Elections be attached to this resolution as Exhibit "A" and made a part hereof. _ PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 21st day of March 2005. (SEAL) Attest: ~~DCJWft6/ ~erk ... - -2- ~ A RESOLUTION OF THE COBB COUNTY BOARD OF ELECTIONS AND REGISTRATION DECLARING THE RESULTS OF AN ELECTION FOR UNBONDED INDEBTEDNESS HELD IN THE CITY OF SMYRNA ON MARCH 15,2005; AND FOR OTHER RELATED PURPOSES. WHEREAS, the Mayor and Council of the City of Smyrna (the "Governing Body"), which is charged with the duties of levying taxes, contracting debts, and managing the affairs of the City of Smyrna (the "City"), and the Cobb County Board of Elections and Registration (the "Elections Board"), which is the Municipal Election Superintendent of the City, called an election which was held on March 15, 2005 for the purpose of submitting to the qualified voters of the City the question of whether or not the City should be authorized to enter into a contract or contracts (the "Contract") with a private entity or with the Downtown Smyrna Development Authority, which contract or contracts provide for the purchase on an installment basis by the City of new park and recreational facilities and improvements to existing park and recreational facilities, public sidewalks and trails, land to be preserved for parks or greenspace, renovations and improvements to the existing Brawner campus for use as public facilities, and other facilities, equipment, and property useful in connection therewith; and WHEREAS, the returns of the election were duly brought up by the Managers of such election, as required by law, and were presented to the Board and the Elections Board for consolidation and for the declaration ofthe result of the election; and .~ WHEREAS, the returns of the election were received from all of the poll officers and thereupon the Elections Board canvassed, computed, and consolidated the returns of the election and concurrent with the adoption of this resolution delivered a certified copy of the consolidated return of the election to the Governing Body, and the result of the election was as follows: Total number of spoiled ballots Total number of votes cast FOR authorizing the City to enter into the Contract 976 4 Total number of votes cast 813 Total number of votes cast AGAINST authorizing the City to enter into the Contract 159 NOW, THEREFORE, BE IT RESOLVED by the Cobb County Board of Elections and Registration, and it is hereby resolved by authority of the same, that the election resulted in favor of authorizing the City to enter into the Contract, by a n affirmative vote of a majority of the qualified voters of the City voting in the election held for such purpose, that entering into the Contract has been authorized as required by law, and that the results of the election are hereby declared to be as set forth above. BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved by authority of the same, that the election returns of the several Managers on file with the Elections ~ Board are incorporated herein by this reference. EXHIBIT A ~ ~ \: ~ '-' ~, . BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved by authority of the same, that a duly certified copy of this resolution be furnished to the Governing Body so that it may declare the results of the election as provided by law. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 18th day of March 2005. COBB COUNTY BOARD OF ELECTIONS AND REGISTRATION ~ By: . ~ sue~rhart, Cairman -2- \., ~ '-' ..1. STATE OF GEORGIA COBB COUNTY SECRETARY'S CERTIFICATE I, SHARON WINGFIELD, Director of the Cobb County Board of Elections and Registration, DO HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of a resolution adopted by the Cobb County Board of Elections and Registration at an open public meeting duly called and lawfully assembled at 4:00 p.m., on the 18th day of March 2005, in connection with declaring the results of an election pertaining to the question of whether or not the City of Smyrna shall incur unbonded indebtedness, the original of such resolution being duly recorded in the Minute Book of the Cobb County Board of Elections and Registration, which Minute Book is in my custody and control. I do hereby further certify that the following members of the Cobb County Board of Elections and Registration were present at such meeting: Sue P. Everhart Doug Shaddix Bette Goggins James C. Dodd, Jr. Frank Molesky and that the following members were absent: ~~ and that such resolution was duly adopted by a vote of: Aye~ Nay~. WITNESS my hand and the official seal of the Cobb County Board of Elections and Registration, this the 18th day of March 2005. (SEAL) Election Summary Report Special Election City of Smyrna, Cobb County Date:03/18/05 Time:15:46:41 Page: 1 of 1 'l ' - Summary For Jurisdiction Wide, All Counters, All Races OFFICIAL AND COMPLETE RESULTS Registered Voters 23813 - Cards Cast 976 4.10% Smyrna Question Num. Report Precinct 14 - Num. Reporting 14 100.00% Number of Precincts Precincts Reporting YES NO Total 14 14 100.0 % 813 83.64% 159 16.36% ~li)~ ~1~ \tr -., \\\\\11111111111/11111111 "",\\ Of ELE"C~ 1111;;., ~ <l;-() ..............10....% ~ ... ,,' ....~n ~ ~ 0' . . U. ~ lie . ff I:l) / ESTABLISHED \. ~ % , ,- > . . 0 - _~ ~: GEORGIA: ~ ~ ? \ 1985 f ~ ~ ~O'" ...~~ ~ U " ,'q, ~ ~ ~"" ..... ~ ~ ~ "(1, ......... ~-o ~ ~IIIII 00 NO\~ \\""" 1111111// IIIIII II 1\1\\\ Cobb County Board of Elections & Registration DIRECTOR OF ELECTIONS 47 Waddell Street Marietta, Georgia 30090-3905 (770) 528-2300 TDD: (770) 528-1199 (770) 528-2519 Fax www.cobbe1ections.org SHARON DUNN WINGFIELD CONSOLIDATED RETURNS CITY OF SMYRNA SPECIAL ELECTION MARCH 15, 2005 We, the undersigned Superintendent and her Assistants, do jointly and severally certify that the above is a true and correct count of the votes cast in the City of Smyrna Special Election on March 15, 2005. \it' IN TESTIMONY WHEREOF, WE have hereunto set our hands and seals this 18th day of March,2005. ~~. EAL) Sup rintendent [SEAU [SEAD [SEAU [SEAU [SEAU w Sue P. Everhart James c. Dodd, Jr. Bette Goggans Frank Molesky Doug Shaddix Chairman Cobb County Government does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment of the provision of services. Ordinance No. 2005 - 4 - AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA, CHAPTER 54, FLOODS TO PROVIDE FOR ESTABLISHMENT OF PENALTIES FOR VIOLATION OF THE ORDINANCE, NEW STANDARDS FOR STREAMS WITHOUT ESTABLISHED FLOOD ELEVATIONS, A REQUIREMENT FOR NEW CONSTRUCTION ELEVATION ABOVE THE FLOOD HAZARD LEVEL AND OTHER CHANGES AND TO CONFORM WITH THE DIRECTIVE OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY REQUIRING ALL LOCAL GOVERNMENTS TO ADOPT THIS MODEL ORDINANCE BY REPEALING THE EXISTING FLOOD DAMAGE PREVENTION ORDINANCE (CHAPTER 54) IN ITS ENTIRETY AND REPLACING SAID CODE SECTION WITH A REVAMPED BODY OF REGULATIONS ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES Sec. 54-1. AUTHORIZATION Article IX, Section II ofthe Constitution ofthe State of Georgia and Section 36-I-20(a) of the Official Code of Georgia Annotated have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of Smyrna, GEORGIA, does ordain as follows: Sec. 54-2. FINDINGS OF FACT - (1) The flood hazard areas ofSmyma, Georgia are subject to periodic inundation which results in loss oflife and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities. Sec. 54-3. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (I) require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction; (2) restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion; (3) control filling, grading, dredging and other development which may increase flood damage or erosion, and; (4) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; - (5) control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters. Ordinance No. 2005 - 4 Sec. 54-4. OBJECTIVES The objectives of this ordinance are: .- (1) to protect human life and health; (2) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (3) to help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas, (4) to minimize expenditure of public money for costly flood control projects; (5) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (6) to minimize prolonged business interruptions, and; (7) to insure that potential homebuyers are notified that property is in a flood area. ARTICLE 2. GENERAL PROVISIONS Sec. 54-25. LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all Areas of Special Flood Hazard within the jurisdiction of Smyrna, Georgia. Sec. 54-26. BASIS FOR AREA OF SPECIAL FLOOD HAZARD - The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study (FIS), dated August 18, 1992, with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this ordinance. For those land areas acquired by a municipality through annexation, the current effective FIS and data for Cobb County are hereby adopted by reference. Areas of Special Flood Hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in a FIS. Sec. 54-27. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required in conformance with the provisions of this ordinance PRIOR to the commencement of any Development activities. Sec. 54-28. COMPLIANCE No structure or land shall hereafter be located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations. Sec. 54-29. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing ordinance, easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 54-30. INTERPRETATION - 2 Ordinance No. 2005 - 4 In the interpretation and application of this ordinance all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body, and; (3) deemed neither to limit nor repeal any other powers granted under state statutes. - Sec. 54-31. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the Areas of Special Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City ofSmyma or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. Sec. 54-32. PENALTIES FOR VIOLATION Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $2,500.00, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Smyrna from taking such other lawful actions as is necessary to prevent or remedy any violation. ARTICLE 3. ADMINISTRATION Sec. 54-52 DESIGNATION OF ORDINANCE ADMINISTRATOR The City Engineer is hereby appointed to administer and implement the provisions of this ordinance. - Sec. 54-53. PERMIT PROCEDURES Application for a Development Permit shall be made to the City Engineer on forms furnished by the community PRIOR to any development activities, and may include, but not be limited to the following: plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location, dimensions, of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities. Specifically, the following information is required: (I) Application Stage - (a) Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures; (b) Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed; (c) Design certification from a registered professional engineer or architect that any proposed non-residential flood-proofed structure will meet the flood- proofing criteria of Article 4, Section B (2); (d) Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development, and; (2) Construction Stage - - 3 Ordinance No. 2005 - 4 For all new construction and substantial improvements, the permit holder shall provide to the Administrator an as-built certification of the regulatory floor elevation or flood-proofing level immediately after the lowest floor or flood proofing is completed. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood proofing is utilized for non-residential structures, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. ..... Any work undertaken prior to submission of these certifications shall be at the permit holder's risk. The City Engineer shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being allowed to proceed. Failure to submit certification or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project. Sec. 54-54. DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR Duties of the City Engineer shall include, but shall not be limited to: (1) Review all development permits to assure that the permit requirements of this ordinance have been satisfied; (2) Review proposed development to assure that all necessary permits have been received from governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 D.S.C. 1334. Require that copies of such permits be provided and maintained on file. (3) When Base Flood Elevation data or floodway data have not been provided in accordance with Article 2 Section B, then the City Engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other sources in order to administer the provisions of Article 4. - (4) Verify and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures in accordance with Article 3, Section 8(2). (5) Verify and record the actual elevation, in relation to mean sea level to which any new or substantially improved structures have been flood-proofed, in accordance with Article 3, Section B (2). (6) When flood-proofing is utilized for a structure, the City Engineer shall obtain certification of design criteria from a registered professional engineer or architect in accordance with Article 3(B)(1)(c) and Article 4(B)(2) or (D)(2). (7) Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). (8) For any altered or relocated watercourse, submit engineering data/analysis within six (6) months to the FEMA to ensure accuracy of community flood maps through the Letter of Map Revision process. Assure flood carrying capacity of any altered or relocated watercourse is maintained. (9) Where interpretation is needed as to the exact location of boundaries of the Areas of Special Flood Hazard (for example, where there appears to be a conflict between a mapped - 4 Ordinance No. 2005 - 4 boundary and actual field conditions) the City Engineer shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Ordinance. .. (l0) All records pertaining to the provisions of this ordinance shall be maintained in the office of the City Engineer and shall be open for public inspection. ARTICLE 4. PROVISIONS FOR FLOOD HAZARD REDUCTION Sec. 54-74. GENERAL STANDARDS In ALL Areas of Special Flood Hazard the following provisions are required: (l) New construction and substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure; (2) New construction and substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage; (3) New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage; (4) Elevated Buildings - All New construction or substantial improvements of existing structures that include ANY fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished or flood resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. - (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (i) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) The bottom of all openings shall be no higher than one foot above grade; and, (iii) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both direction. (b) So as not to violate the "Lowest Floor" criteria of this ordinance, the unfinished or flood resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area, and (c) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (5) All heating and air conditioning equipment and components, all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. .. 5 Ordinance No. 2005 - 4 (6) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State requirements for resisting wind forces. - (7) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (8) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; (9) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding, and; (10) Any alteration, repair, reconstruction or improvement to a structure, which is not compliant with the provisions of this ordinance, shall be undertaken only if the non- conformity is not furthered, extended or replaced. (11) No fill material shall be placed within a Special Flood Hazard area unless a greater or equal volume of material is removed from the Special Flood Hazard area. Documentation shall be provided by a registered engineer or land surveyor showing that no greater volume of earth exists within the Special Flood Hazard area than prior to construction. If, in the judgement of the City Engineer, documentation can be provided to show that additional fill material will create an inconsequential increase in the Special Flood Hazard area, the requirements of this paragraph may be waived. Sec. 54-75. SPECIFIC STANDARDS - In ALL Areas of Special Flood Hazard the following provisions are required: (1) New construction and substantial improvements - Where base flood elevation data are available, new construction or substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate equalization of flood hydrostatic forces on both sides of exterior walls shall be provided in accordance with standards of Article 4, Section A(4), "Elevated Buildings" . (2) Non-Residential Construction - New construction or the substantial improvement of any structure located in A 1-30, AE, or AH zones, may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to three (3) feet above the base flood elevation, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and in Article 3, Section C.(6). (3) Standards for Manufactured Homes and Recreational Vehicles - Where base flood elevation data are available: (a) All manufactured homes placed or substantially improved on: (1) individual lots or parcels, (2) in new or substantially improved manufactured home parks or - 6 Ordinance No. 2005 - 4 - subdivisions, (3) in expansions to existing manufactured home parks or subdivisions, or (4) on a site in an existing manufactured home park or subdivision where a manufactured home has incurred "substantial damage" as the result of a flood, must have the lowest floor including basement, elevated no lower than three (3) feet above the base flood elevation. (b) Manufactured homes placed or substantially improved in an existing manufactured home park or subdivision may be elevated so that either: (i) The lowest floor of the manufactured home is elevated no lower than three (3) feet above the level of the base flood elevation, or (ii) The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade. (c) All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. ( ref. Article 4(A)(6) above) (d) All recreational vehicles placed on sites must either: (i) Be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions), or - (ii) The recreational vehicle must meet all the requirements for "New Construction", including the anchoring and elevation requirements of Article 4, Section B (3)(a)(c), above. (4). Floodway - Located within Areas of Special Flood Hazard established in Article 2, Section B, are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply: (a) Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in illlY increase in flood levels or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof. (b) ONLY if Article 4 (B)(4)(a) above is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of Article 4. - Sec. 54-76. BUILDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODW A Y (A-ZONES) - 7 Ordinance No. 2005 - 4 Located within the Areas of Special Flood Hazard established in Article 2, Section B, where streams exist but no base flood data have been provided (A-Zones), OR where base flood data have been provided but a Floodway has not been delineated, the following provisions apply: (I) When base flood elevation data or floodway data have not been provided in accordance with Article 2(B), then the City Engineer shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a Federal, State, or other source, in order to administer the provisions of Article 4. ONLY if data are not available from these sources, then the following provisions (2&3) shall apply: - (2) No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or twenty feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. (3) In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three (3) feet above the highest adjacent grade at the building site. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of Article 4, Section A (4) "Elevated Buildings". The City Engineer shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. Sec. 54-77. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)- Areas of Special Flood Hazard established in Article 2, Section B, may include designated "AO" shallow flooding areas. These areas have base flood depths of one to three feet (I '-3') above ground, with no clearly defined channel. The following provisions apply: - (I) All new construction and substantial improvements of residential and non-residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent grade. Ifno flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet (3) above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Article 4, Section A (4), "Elevated Buildings". The City Engineer shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. (2) New construction or the substantial improvement of a non-residential structure may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus one (I) foot, above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and as required in Articles 3(B)(I)(c) and (3)(B)(2). (3) Drainage paths shall be provided to guide floodwater around and away from any proposed structure. Sec. 54-78. STANDARDS FOR SUBDIVISIONS - 8 Ordinance No. 2005 - 4 (1) All subdivision proposals shall be consistent with the need to minimize flood damage; - (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and; (4) Base flood elevation data shall be provided for subdivision proposals and all other proposed development, including manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is less. ARTICLE 5. VARIANCE PROCEDURES (A) The City Council shall hear and decide requests for appeals or variance from the requirements of this ordinance. (B) The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the City Engineer in the enforcement or administration of this ordinance. (C) Any person aggrieved by the decision of the City Council may appeal such decision to the Superior Court of Cobb County, as provided in Section 5-4-1 of the Official Code of Georgia Annotated. - (D) Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a Historic Structure and the variance is the minimum to preserve the historic character and design of the structure. (E) Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this Article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety. (F) Variances shall not be issued within any designated flood way if ANY increase in flood levels during the base flood discharge would result. (G) In reviewing such requests, the City Council shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this ordinance. (H) Conditions for Variances: (I) A variance shall be issued ONL Y when there is: (i) a finding of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship, and; - (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 9 Ordinance No. 2005 - 4 (2) The provisions of this Ordinance are minimum standards for flood loss reduction; therefore any deviation from the standards must be weighed carefully~ Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of an _ Historic Structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation. (4) The City Engineer shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (I) Upon consideration of the factors listed above and the purposes of this ordinance, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. ARTICLE 6. DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Addition (to an existing building)" means any walled and roofed expansion to the perimeter ofa building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by an independent perimeter load-bearing wall, shall be considered "New Construction". - "Appeal" means a request for a review of the City Engineer's interpretation of any provision of this ordinance. "Area of shallow flooding" means a designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, Areas of Special Flood Hazard shall be those designated by the local community and referenced in Article 2, Section B. "Base flood," means the flood having a one percent chance of being equaled or exceeded in any given year. "Basement" means that portion ofa building having its floor sub grade (below ground level) on all sides. "Building," means any structure built for support, shelter, or enclosure for any occupancy or storage. "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, and permanent storage of materials or equipment. "Elevated building" means a non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event. - 10 Ordinance No. 2005 - 4 "Existing Construction" Any structure for which the "start of construction" commenced before 1977. - "Existing Manufactured Home Park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before 1977. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a.) the overflow of inland or tidal waters; or (b.) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood Hazard Boundary Map (FHBM)" means an official map ofa community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as Zone A. "Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community. "Flood Insurance Study" the official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood. - "Floodplain" means any land area susceptible to flooding. "Floodway" means the channel ofa river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building. "Historic Structure" means any structure that is; a. Listed individually in the National Register of Historic Places (a listing maintained by the u.s. Department ofInterior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register: b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district: c. Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or - 11 Ordinance No. 2005 - 4 d. Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either: 1. By an approved state program as determined by the Secretary of the _ Interior, or 2. Directly by the Secretary of the Interior in states without approved programs. Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this code. "Manufactured home" means a building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. "Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD). "National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. "New construction" means ANY structure (see definition) for which the "start of construction" commenced after 1977 and includes any subsequent improvements to the structure. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after 1977. - "Recreational vehicle" means a vehicle, which is: a. built on a single chassis; b. 400 square feet or less when measured at the largest horizontal projection; c. designed to be self-propelled or permanently towable by a light duty truck; and d. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Start of construction" means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. (Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (NOTE: accessory structures are NOT exempt from any ordinance requirements) For a substantial improvement, the actual start of construction means the first - 12 Ordinance No. 2005 - 4 alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. - "Structure" means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value ofthe structure before the damage occurred. "Substantial improvement" means any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a 5-year period, in which the cumulative cost equals or exceeds fifty percent of the market value of the structure prior to the improvement. The market value of the building should be (I) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures, which have incurred "substantial damage", regardless of the actual amount of repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include those improvements ofa building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been pre-identified by the Code Enforcement Official, and not solely triggered by an improvement or repair project. "Substantially improved existing manufactured home parks or subdivisions~ is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. - "Variance" is a grant of relief from the requirements of this ordinance, which permits construction in a manner otherwise prohibited by this ordinance. ARTICLE 7. SEVERABILITY If any section, clause, sentence, or phrase ofthis Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity ofthe remaining portions of this Ordinance. All ordinances, parts of ordinances, or regulations in coriflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. - 13 Ordinance No. 2005 - 4 - Approved by Mayor and Council this 21st day of March, 2005. Jd.(~ Attest: A. Max Bacon, Mayor D~ S an D. Hiott, City Clerk City of Smyrna - - 14 ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 519 Acres ~ 2005-3 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached hereto have been notified 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 March 21, 2005 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and 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 March,2005. 21st day of ~~~ A. Max Bacon, Mayor - ~igle~ City of Smyrna j~ Scott A. Cochran, CIty Attorney City of Smyrna ~ -,.-...~ - Ordinance No. 2005-3 Exhibit "A" All that tract or parcel of land lying and being in Land Lot 519, 1 ih District, 2nd Section, Cobb County, Georgia, being Lot 119 of the property of J. H. Taylor, as per plat recorded in Plat Book 5, page 81, Cobb County, Georgia records, being more particularly described as follows: Beginning at an iron pin on the southerly side of Pierce Avenue, 565 feet easterly from the comer formed by the intersection of the southerly side of Pierce A venue with the northeasterly side of Dixie Avenue, formerly Railroad Street, said point of beginning also being at the line dividing Lots 119 and 120, said subdivision; run thence southerly along the easterly line of said Lot 120 that forms an interior angle of 91 degrees 03 minutes with the southerly side of Pierce Avenue, 210 feet to an iron pin and Lot 128, said subdivision, run thence easterly along the northerly line of said Lot 128, 80 feet to an iron pin and Lot 118, said subdivision, run thence northerly along the westerly line of said Lot 118, 210 feet to an iron pin on the southerly side of Pierce Avenue; run thence westerly along the southerly side of Pierce Avenue, 80 feet to an iron pin and the point of beginning. - -