08152005 August 15, 2005
August 15,2005
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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, Public Works Director Scott
Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director
Steve Ciaccio, Assistant Keep Smyrna Beautiful Director Virginia Davis, Human Resources
Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris
Miller, and representatives of the press.
Invocation was given by Pastor Shell Osbon from Smyrna Assembly of God Church, followed by
the pledge to the flag.
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AGENDA CHANGES:
Mayor Bacon stated agenda ite;n #~4A (Aniiexation and Rezoning Requests - 6168,6174 and
6180 Oakdale Road - Tuley and Tuley, Inc.) will be tabled. Mayor Bacon stated agenda item
#4B (Ordinance 2005-16 - Zoning Code Amendment to Section 514.1) will be tabled until the
September 6, 2005 meeting. Mayor Bacon stated agenda item #4E (Revision of Sign Ordinance)
will be tabled until the September 19, 2005 meeting. Mayor Bacon stated agenda item #4J
(Zoning Code Amendment - Conservation Zoning Category) will be tabled until the September 6,
2005 meeting.
MAYOR'S REPORT:
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Council Member Smith recognized Mr. Seigler, and stated he is donating a book on the subject of
fair tax to the City Library.
LAND ISSUES/ZONINGS/ ANNEXA nONS:
(A) Annexation and Rezoning Requests - 6168,6174 and 6180 Oakdale Road - Tuley and
Tuley, Inc.
Mayor Bacon recognized Mr. Rick Tuley, representing Tuley and Tuley, Inc. Council Member
Wood stated the rezoning request is being tabled on staff recommendation to allow a Levell
archeological study of the subject property to be completed. Mr. Miller stated he believes Mr.
Tuley was out of town last week. Mr. Miller stated a report from R. S. Webb and Associates was
received by the City on August 9,2005. Mr. Miller stated an e-mail was sent to Mr. Tuley
advising him that the matter will be tabled until a more complete study can be obtained. Mr.
Miller stated a portion of the subject tract could not be thoroughly examined because it is covered
with kudzu. Mr. Tuley stated he was unaware that additional information was being requested,
and Mayor Bacon expressed regrets for any miscommunication which may have occurred. Mr.
Miller stated it was his understanding that the applicant was out of the country last week, and that
e-mail communication was utilized because no telephone number was available.
(I) Public Hearing - Rezoning Request Z05-0 13 - Cobb County R-20 and General
Commercial (GC) to RAD Conditional - Tuley and Tuley, Inc.
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Mr. Wright stated the applicant is proposing to rezone a 10.45 acre parcel for 47 single-family
residences at a density of 4.50 units per acre. Mr. Wright stated the proposal was approved by the
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Planning and Zoning Board (PZB) in July, and that part of the subject property would be annexed
into the City in conjunction with the rezoning.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to at least person by Mr. Cochran.
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Council Member Wood stated that, because this measure was scheduled to be tabled, complete
documentation for the rezoning and annexation requests is currently not available. Mr. Tuley
provided an overview of the proposed development for those present.
Mayor Bacon recognized Ms. Mary Rose Barnes, residing on Oakdale Road, and Ms. Barnes
expressed concerns about vacant structures being allowed to stand on properties for extended
periods after they are rezoned and before new construction begins. Ms. Barnes stated there
should be a timetable for final disposition of such structures. Ms. Barnes asked what types of
materials will be used on the proposed new structures. Mr. Tuley stated most of the new houses
will feature masonry fronts with fiber cement siding.
Mayor Bacon asked Mr. Tuley what steps will be taken to dispose of the kudzu growing on parts
of the subject property. Mr. Tuley stated a front end loader will be used to dispose of the
unwanted vegetation.
(2) Annexation Request - 5.13 Acre Tract (Tract II) - Land Lot 177, Parcel 18, 18th
District, 2nd Section, Cobb County - 6168 Oakdale Road - Sharon Leonard, G.L.
Buckner and Dianne Buckner
(3)
Annexation Request - 3.50 Acre Tract (Tract III) - Land Lot 177, Parcel 17, 18th
District, 2nd Section, Cobb County - 6174 Oakdale Road - Chris Nelson and
Mary E. Nelson
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(4) Annexation Request - 1.65 Acre Tract (Tract IV) - Land Lot 177, Parcel 16, 18th
District, 2nd Section, Cobb County - 6180 Oakdale Road - Dorothy Smith
(5) Final Vote: Rezoning Request Z05-013 - Cobb County R-20 and General
Commercial (GC) to RAD Conditional- Tuley and Tuley, Inc.
MOTION: Council Member Wood made a motion to table Rezoning Request Z05-013 from
Cobb County R-20 and General Commercial (GC) to RAD Conditional for Tuley and Tuley, Inc.
along with the associated annexations at 6168,6174 and 6180 Oakdale Road until the September
6, 2005 council meeting. The motion was seconded by Council Member Smith. Motion to table
this measure was approved 6 - O. (Clerk's Note: Council Member Pritchett was not present at
the time of this vote)
(B) Public Hearing - Ordinance 2005-16 - Zoning Code Amendment to Section
514.1 {Outside Display, Storage and Sale of Merchandise} - Additional Regulations
pertaining to non-residential zoning Areas
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Newcomb made a motion to table Ordinance 2005-16 - Zoning
Code Amendment to Section 514.1 {Outside Display, Storage and Sale of Merchandise} -
Additional Regulations pertaining to non-residential zoning Areas until the September 6, 2005
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meeting. The motion was seconded by Council Member McNabb. Motion to table this measure
was approved 6 - O. (Clerk's Note: Council Member Pritchett was not present at the time of this
vote)
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(C) Annexation Request - (100% of pro~erty owners requesting annexation) - .318 Acre
Tract - Land Lot 592, Parcel 6, I i District, 2nd Section, Cobb County - 392 Old
Roswell Road - Linda Mercer
Mr. Wright stated the city engineer has reviewed the legal description of the subject property with
satisfactory results. Mr. Wright stated there is no rezoning associated with this annexation
request.
MOTION: Council Member Scoggins made a motion to approve annexation of a .318 acre tract
in Land Lot 592, Parcel 6, 1 ih District, 2nd Section, Cobb County at 392 Old Roswell Road for
Linda Mercer to become a part of Ward 3 with an effective date of September I, 2005. The
motion was seconded by Council Member McNabb. Motion was approved 6 - 0, with Council
Member Pritchett abstaining.
(D) Public Hearing - Variance Request V05-033 - Reduction in Rear Yard Setback - 1000
Vinings Falls Drive - Wisdom Properties
Mr. Wright stated the subject property has a minimum rear yard setback of 45.' Mr. Wright
stated the applicant has requested a reduction of20' in the rear yard setback in order to build a
new house. Mr. Wright stated staff recommends tabling this request until the Vinings Glen
homeowners association (HOA) has had an opportunity to review this proposal.
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Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to a number of people by Mr. Cochran.
Council Member Lnenicka recognized Mr. Paul Gouin, representing Wisdom Properties (WP),
and asked Mr. Gouin to provide details to those present concerning this variance request. Mr.
Gouin showed a graphic representation of the subject lot to those present. Mr. Gouin stated he
recently prepared a letter to the city council to clarify this variance request. (Clerk's Note: A
copy of the letter from Wisdom Properties to the City dated August 10, 2005 is appended hereto
as exhibit "A") Mr. Gouin provided details to those present regarding the topographical features
of the subject property and some of the difficulties involved in building a house on it. Mr. Gouin
stated the services of a landscape architect were engaged to develop a landscape plan for the
subject tract. At Council Member Lnenicka's request, Mr. Gouin provided details to those
present concerning landscape buffer measures proposed for the subject tract. At Council Member
Lnenicka's request, Mr. Gouin provided details to those present concerning the orientation of the
proposed structure on the subject tract. Mr. Gouin stated the proposed placement of the planned
structure on the subject tract should provide optimum street visibility for the house as well as a
driveway that is practical to use. Council Member McNabb suggested to Mr. Gouin that selection
of a house plan which is more compatible with the topography of the subject property might be a
better way to build a house at this location. Mr. Gouin stated the average home size in Vinings
Glen is about 3,800 s.f. Council Member Smith asked if the proposed house will be built on a
slab, and Mr. Gouin stated it will be built on a basement.
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Mayor Bacon recognized Ms. Mary Pitts, residing in Vinings Glen, and Ms. Pitts stated Vinings
Glen (VG) is a restricted land use development. Ms. Pitts advised the VG covenants state that no
lot shall be divided for sale or resale without written permission or approval in advance from the
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architectural control committee (ACe). Ms. Pitts stated the ACC has the right to approve all
plans and specifications of any split or subdivision. Ms. Pitts stated the VG covenants include a
list of information typically requested by the ACC from builders including materials, elevations,
floorplans, etc. Ms. Pitts stated this information has been requested from the builder, but no
information has been provided. Ms. Pitts stated she is in opposition to the variance. Council
Member McNabb asked Ms. Pitts if the VG covenants include requirements for minimum square
footage, and Ms. Pitts answered in the affirmative. Ms. Pitts stated the minimum square footage
for a house in VG is 2,400 s.f.
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Mr. Gouin stated a full architectural landscape plan cannot be reviewed until it is determined
whether or not the requested variance can be obtained.
Ms. Pitts stated sufficient information has not been provided for the ACC to determine whether or
not the proposed project conforms with VG covenants.
Mayor Bacon recognized Mr. Kevin Smith, residing in Vinings North, and Mr. Smith stated he is
concerned about this proposal because he has not seen any plans pertaining to it. Mr. Smith
commented favorably on the benefits provided to the area of his residence by the buffer there.
Mr. Smith stated he is opposed to this variance request.
Mayor Bacon recognized Mr. Bob Reiter (phonetic), residing at Hickory Place, and Mr. Reiter
expressed concern about how the proposed variance might affect the buffer near his residence.
Mayor Bacon recognized Mr. Jim Kegley (phonetic), and Mr. Kegley stated the lot has never
been divided. Mr. Kegley stated he has talked to members of the ACC regarding this matter, and
that the ACC co-chair has indicated he does not want any structure built at the subject location.
Mr. Kegley stated he intends to collaborate with the residents of the affected area to create a
buffer near the site of the proposed construction which is satisfactory.
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Council Member Lnenicka asked Mr. Gouin to comment about the perceived lack of available
information pertaining to this proposal which some people have expressed concerns about. Mr.
Gouin stated he will try to meet with residents of the affected area to discuss the proposal with
them in more detail. Mr. Gouin stated that, until it is determined what type of building footprint
can be put on the subject property, making plans and details available to an exhaustive degree
seems like an unproductive use oftime and energy.
MOTION: Council Member Lnenicka made a motion to table Variance Request VOS-033 for
reduction in rear yard setback at 1000 Vinings Falls Drive for Wisdom Properties until the
September 6, 2005 council meeting. The motion was seconded by Council Member Smith.
Motion was approved 7 - O.
(E) Public Hearing - Revision of Sign Ordinance {Ordinance #200S-3S}
Mayor Bacon asked if there is anyone present wishing to be heard in relation to this matter, and
there was no response.
MOTION: Council Member Newcomb made a motion to table Revision of Sign Ordinance
{Ordinance #200S-3S} until the September 19,2005 council meeting. The motion was seconded
by Council Member McNabb. Motion to table this measure was approved 7 - O.
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(F) Public Hearing - Variance Request V05-036 - Additional Wall Sign - 2390 South Cobb
Drive - Walgreen's
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Mr. Wright stated the applicant is requesting an additional wall sign. Mr. Wright stated that the
current City code allows individual buildings to have one wall sign with a maximum area of 40
s.f. Mr. Wright stated that during 2001 Walgreen's requested and was given a variance for a
second wall sign at that location. Mr. Wright stated staff does not recommend approval of the
requested variance.
Mayor Bacon asked if there is anyone present wishing to be heard in relation to this matter, and
there was no response.
MOTION: Council Member Smith made a motion to table Variance Request V05-036 for
an additional wall sign at 2390 South Cobb Drive for Walgreen's until the September 6,2005
council meeting. The motion was seconded by Council Member Wood. Motion to table this
measure was approved 7 - O.
(G) Public Hearing - Rezoning Request Z05-014 - 1.414 Acre Tract - OD to GC - Land Lot
379 - 2972 Ask-Kay Drive - Summers and Associates
Mr. Wright stated the applicant has requested rezoning ofthe subject parcel from OD and GC to
GC to accommodate an automotive repair and painting business. Mr. Wright stated the PZB
voted to approve the request, and staff also supports the request with a number of conditions.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to at least one person by Mr. Cochran.
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Council Member Smith recognized Mr. Roy Summers and asked Mr. Summers to provide details
to those present concerning the proposed use ofthe subject property. Mr. Summers stated the
subject tract comprises 2.42 acres and is divided into two lots. Mr. Summers stated he is
requesting that the front portion of the property, which contains a 16,000 s.f. building, be rezoned
from OD to GC. Mr. Summers stated the subject property is under a purchase contract subject to
rezoning to Mr. Zachary Kafahi. Mr. Summers stated Mr. Kafahi owns and operates F-1
Collision and Auto Repair which is currently located at 891 Concord Road. Mr. Summers stated
Mr. Kafahi intends to extensively renovate the building at the subject location. Mr. Summers
stated an eight-foot privacy fence will be installed at the rear of the building to protect cars
waiting for repairs or vehicles with completed repairs waiting for customer pick-up. Mr.
Summers stated the conditions discussed at the PZB meeting are acceptable. Mr. Summers
introduced Mr. Kafahi to those present. At Council Member Smith's request, Mr. Kafahi
provided details to those present concerning the planned building renovations and landscaping
measures for the subject property. Council Member Smith asked Mr. Kafahi if the three bay
doors will be located at the rear of the building, and Mr. Kafahi answered in the affirmative.
At Council Member Smith's request, Mr. Kafahi provided details to those present concerning
ventilation measures to be installed for paint booths at the subject location. Mayor Bacon asked
Mr. Summers how long the subject building has been vacant, and Mr. Summers stated it has been
vacant for eight years. Mr. Summers stated that opportunities to lease and sell this property have
been lost because of the limitations of its present zoning.
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Mayor Bacon recognized Mr. Steve Askea, and Mr. Askea stated the parking lot at the subject
location needs to be resealed and restriped. Mr. Askea stated the building on the subject lot
needs various repairs and repainting. Mr. Askea stated some type of vegetative buffer should be
August 15,2005
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planted near the fence at the rear. Council Member Smith stated the five conditions set forth in
Mr. Askea's letter to the PZB will be included in the stipulations of the rezoning. (Clerk's Note:
A copy of the letter from Bill Askea and Steve Askea is appended hereto as exhibit "B")
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MOTION: Council Member Smith made a motion to approve Rezoning Request Z05-014 for a
1.414 acre tract from OD to GC in Land Lot 379 at 2972 Ask-Kay Drive for Summers and
Associates subject to the following conditions:
1. No inoperable vehicles should be visible from Ask-Kay Drive or from any vantage point of
any existing business. This includes vehicles within the building.
2. No wrecked vehicles, operable or inoperable, should be left in view of Ask-Kay Drive or from
any vantage point of any existing business. This includes vehicles within the building.
3. Keep all grounds clean and maintained including cutting the grass, trimming bushes, picking
up debris, etc. This includes the overgrown field at the rear.
4. In general, maintain the building in good condition.
5. Provide whatever fencing, screens, or barriers which are necessary to accomplish the criteria
mentioned in items 1 and 2 above similar to attached sketch. Also these fences, screens and
barriers should be reasonably attractive and kept in good condition. The fencing around the
entire perimeter will be 8' solid fencing. The plastic fence is approved based on examples
provided to staff. Leland Cypress plants will be planted on the south, east and west sides of
the subject property in a continuous buffer. The building exterior will be repaired and brought
into compliance with City Code with exterior paint color to be approved by the City. The
parking lot will be resealed and restriped.
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6. To protect future residences to the south, no lighting shall be provided in the rear except
low-level building-mounted security lighting which shall be directed downward. All exterior
lighting shall be low-intensity.
7. The applicant will comply with the City's current tree ordinance. All required tree
protection measures shall be adhered to.
8. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances.
9. All landscaped areas are to be irrigated as appropriate.
10. A 5' wide landscape buffer shall be provided along the east and west property boundaries
adjacent to the existing parking lot and building.
The motion was seconded by Council Member Wood. Council Member Smith asked Mr. Kafahi
if he is agreeable to all the stipulations as conditions of the rezoning, and Mr. Kafahi answered in
the affirmative. Motion was approved 7 - O.
(H) Public Hearing - Rezoning Request Z05-010 - 36.32 Acre Tract - 01 and LI to RAD
Conditional- East/West Connector and Cooper Lake Road - Jolly Development
Corporation, Inc.
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August 15,2005
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Mr. Wright stated the applicant plans to rezone the subject property for construction of 135
single-family houses at a density of3.7l units per acre. Mr. Wright stated PZB has
recommended approval of the rezoning, and that staff recommends approval of the request
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 a number of persons by Mr. Cochran.
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Council Member Wood recognized Mr. Parks Huff, an attorney representing the applicant, and
asked Mr. Huff to provide details to those present concerning the proposed rezoning. Mr. Huff
presented printed matter to the present officials concerning Jolly Development Corporation, Inc.
(JD), and discussed the professional accomplishments of JD. Mr. Huff stated the developer has
met with members of the community and the City's staff to solicit ideas and input for this project.
Mr. Huff stated the subject property is currently zoned 01 and Light Industrial. Mr. Huff stated
the planned dwellings will have selling prices ranging from around $450,000 to around $650,000
and that these homes will be compatible with the subject area. Mr. Huff provided information to
those present concerning the architectural details which the new houses will feature. Mr. Huff
stated a letter from his office dated July 1,2005 was submitted to the City in which a number of
conditions which JD is agreeable to are set forth. (Clerk's Note: A copy of the letter from Sams,
Larkin & Huff dated July 1, 2005 is appended hereto as exhibit "C") Mr. Huff stated the
developer is requesting that staff conditions #2 and # 18 be changed to reflect buffer size
requirements consistent with the landscape plan by Pollock and Associates dated August 8, 2005.
Mr. Huff stated the developer is requesting that staff condition #22 be changed to reflect a
minimum driveway length of 19' from building to rear of sidewalk or alleyway. Mr. Huff stated
the use of alleyways in the planned subdivision is expected to enhance the appearance of the
building elevations. Mr. Huff stated he has discussed these proposed revisions with Mr. Miller,
and that Mr. Miller has indicated these changes will be acceptable. Council Member Lnenicka
asked Mr. Huff to describe the landscape plan which the developer proposes to use in place of the
measures prescribed in staff conditions #2 and #18. Mr. Huff stated the proposed buffer will
include red maples and other plants and an ornamental iron fence along an entrance. Council
Member Lnenicka asked Mr. Huff if it is correct that the Vinings Estates HOA has approved the
proposed landscape plan, and Mr. Huff answered in the affirmative. Council Member Lnenicka
asked if City staff has reviewed and approved the proposed landscape plan. Mr. Miller stated staff
has seen the landscape plan and determined that is is sufficient. Council Member Lnenicka asked
Mr. Miller is he supports the requested changes to the stipulations, and Mr. Miller answered in
the affirmative. Mayor Bacon recognized Mr. Warren Jolly, representing JD, and Mr. Jolly
provided details to those present concerning the planned development. Council Member Smith
asked Mr. Jolly if traffic flow in the subject area will be adversely affected if the proposed
median break along the East-West Connector is not approved. Mr. Jolly stated JD is committed
to constructing the proposed median break, but he does not believe elimination of it would affect
access to the subject area. Council Member Smith asked Mr. Jolly if any of the subject lots
contain any water detention structures. Mr. Jolly stated that no water detention structures have
been designed for the development as yet. Mr. Jolly stated none of the subject lots are in a flood
plain. Council Member Smith asked Mr. Jolly if any of the proposed house sites are also planned
to contain any water detention structures, and Mr. Jolly said no. Mr. Jolly stated the HOA of the
planned development will be charged with the responsibility of maintaining any water detention
structures in the subdivision.
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Mayor Bacon recognized Mr. Kevin Martin, residing at 823 Riverton Park Place, and Mr. Martin
stated that Vinings Estates is still under the guidance of John Wieland Homes, and that he is
unaware of any discussions being conducted with residents of that community in connection with
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the proposed development. Mr. Martin stated that no information concerning HOA discussions
on this matter have been communicated to members of the Vinings Estates community. Mr.
Martin expressed concerns about the impact of 135 new houses on the traffic flow on Cooper
Lake Road and the East-West Connector. Mr. Martin expressed concerns about median cuts
being installed on the East-West Connector. Mr. Martin expressed concerns about removal of
vegetation in connection with development in the area and the effect this may have on water
runoff. Mr. Martin expressed concerns about the proposed disturbance of the buffer area which
he believes contains large oak trees. Mr. Martin expressed concerns about the impact on wildlife
habitats the proposed development may have. Mr. Martin expressed concerns about the
proposed density ofthe project under consideration. Mr. Martin expressed concerns about the
impact on noise levels which may result from the proposed removal of vegetation in the area.
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Mayor Bacon stated it is essential for proper storm water management measures to be built into
any new development. Mayor Bacon stated the subject tract could be used for some industrial
purpose which would likely be more harmful to the environment than the residential use under
consideration. Mayor Bacon acknowledged that rainfall has been heavy this year and that the
ground in this area is saturated. Mr. Huff stated the development is concentrated in the center of
the subject property to allow preservation of a large amount of greenspace around it. Mr. Huff
stated that no variances are being sought in connection with buffers or flood requirements. Mr.
Huff stated the developer has agreed to a staff stipulation requiring at least a 10% reduction in
storm water runoff in a 100 year storm event. Mr. Huff stated the developer will comply with
local regulations in terms of drainage and detention requirements as well as State requirements
for stream bank buffers. Mr. Jolly stated the proposed development includes plans for a small left
turn lane designed to accommodate four or five cars. Mr. Jolly provided details to those present
regarding storm water management measures being considered for the proposed development.
Mr. Jolly stated the development will include some six acres of greenspace. Mr. Jolly stated
that the development plans will conform to the requirements of the City tree ordinance. Council
Member Wood stated that the plan under consideration for the subject tract is the most suitable
one compared to all the other available alternatives. Council Member Wood stated the City's
leadership is aware of concerns such as traffic and water runoff management, and that every
effort is made to appropriately address such considerations.
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Mayor Bacon recognized Mr. Carlisle Kent (phonetic), residing at Lakeview at Vinings, and Mr.
Kent stated he is not opposed to the proposed development. Mr. Kent expressed concerns about
traffic in the area. Mr. Jolly provided details to Mr. Kent regarding entrances to the proposed
subdivision.
At Council Member Wood's request, Mr. Miller read the stipulations for the rezoning as follows:
Standard Conditions
(Requirements #16 and 17 from Section 1201 of the 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.
The developer shall provide a buffer with a minimum width of 20' parallel to any right-
of-way external to the development in accordance with the plan presented at the August
15, 2005 council meeting.
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August 15.2005
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3. 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.
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4. The developer shall provide at least 200 square feet of common space per lot. This
common space shall be developed with improvements for the residential subdivision such
as: gazebos, fountains, recreational/playground equipment or walking trails. The
common space shall be controlled and maintained by the Homeowners Association
5. The 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 unless otherwise
approved by the City Engineer.
6. All utilities within the development shall be underground.
7. The developer shall be responsible for any traffic improvements (including additional
right-of-way dedications) deemed necessary by either the City or the County during
construction plan review. Sidewalks shall be provided by the developer inside the
subdivision and outside the subdivision adjacent to any public right-of-way consistent
with City's requirements for the extent of the development. A grass buffer with a
minimum width of 2' shall be provided between the back of curb and sidewalk.
8. The developer shall install a deceleration lane at the entrance for the subdivision. The
deceleration lane shall have a minimum length of 150' with a 50' taper.
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9.
A strip of brick pavers or stamped concrete shall be installed on the street at the
subdivision entrance for a minimum distance of 20 feet.
10. The development of any streets (including private) shall conform to the City's standards
for public right-of-ways.
11. No debris may be buried on any lot or common area.
12. The developer will install decorative streetlights within the development, subject to
approval by the City Engineer. Utilization of low intensity, environmental type lighting,
the illumination of which shall be confined within the perimeter of the subject property
through the use of "full-cutoff lighting".
13. The developer will comply with the City's current tree ordinance (unless noted
elsewhere). All required tree protection measures shall be adhered to by the developer
during construction.
14. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances.
15. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
Special Conditions
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16.
Gate entrances shall include adequate space to safely stack three automobiles. A
turnaround shall also be provided to allow visitors who are denied entrance in to the
subdivision a way to enter the exit lane. The developer will install an emergency gate
access system, subject to approval by the City Fire Marshall.
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17. Per the Fire Marshall, rear alley pavement width shall be 20' to provide adequate fire
truck access to the rear of each unit. The minimum curbline radius at the intersection of
roads and rear alleys shall be 25' .
18. The applicant shall exert a good faith and timely effort with the Cobb County Department
of transportation in order to secure a median break and left-turn lane improvements on
the E-W Connector at the subject property's access point to the proposed subdivision.
19. All single-family residential lots shall provide the following at the time of certificate of
occupancy: either two 3" caliper trees or one 2" caliper and one 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.
20. Minimum floor area shall be 2,200 square feet.
21. The development shall maintain the following setbacks:
Front-10'
Side - 3' (Minimum 10' Between Houses)
Rear - 20'
Driveway - 19' minimum length from building face to the back of the sidewalk
or alleyway
Overhangs - 18" into required setbacks.
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22. The developer shall provide a southbound left-turn lane along Cooper Lake Road. The
turn lane should have a minimum of 160' storage with a 50' taper.
23. The developer shall be responsible for any improvements at the proposed median break
on the E- W Connector in conjunction with the planned median opening.
Council Member Wood asked Mr. Jolly ifhe is agreeable to all the stipulations of the rezoning as
read into the record by Mr. Miller, and Mr. Jolly answered in the affirmative.
MOTION: Council Member Wood made a motion to approve Rezoning Request Z05-010 for
a 36.32 acre tract from 01 and LI to RAD Conditional at East/West Connector and Cooper Lake
Road for Jolly Development Corporation, Inc. subject to all stipulations as agreed to by the
applicant. The motion was seconded by Council Member Newcomb. Motion was approved 6 - 0
with Council Member Smith abstaining.
(I) Public Hearing - Rezoning Request Z05-0 12 - 8.81 Acre Tract - General Commercial
to TD Conditional - South Cobb Drive and Sutherlin Park - Uptown Holdings, LLC
Mr. Wright stated the applicant is requesting rezoning of the subject tract in order to build 62
townhouses at a density of 7.04 units per acre. Mr. Wright stated the PZB voted in July to
approve the request, and that staff recommends approval of the request subject to a number of
conditions.
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11
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to a number of persons by Mr. Cochran.
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Council Member McNabb recognized Mr. Lawrence Kasmen, an attorney representing the
applicant, and asked Mr. Kasmen to provide details to those present concerning the proposed
rezoning. Mr. Kasmen stated Uptown Holdings, LLC (UHL) is seeking to rezone the subject
property to build 59 townhouses at a density of 6.7 units per acre. Mr. Kasmen introduced Mr.
Tony Pourhassan from Laurel River Properties, the builder for the proposed project, to those
present. Mr. Kasmen stated the proposed townhouses will range in size from 1,700 s.f. to 2,200
s.f. with selling prices starting at around $350,000. Mr. Kasmen stated the proposed rezoning is
consistent with other uses in the subject area. Mr. Kasmen stated units 53 through 59 on the north
side of the tract will be positioned in courtyard style. Mr. Kasmen stated a multi-use pedestrian
path for use by the residents will encircle the development. Mr. Kasmen stated there will be a 6'
privacy fence installed along the rear of the property along with a 15' landscape strip. Mr.
Kasmen provided details to those present concerning the landscape plan for the proposed
development. Mr. Kasmen introduced Mr. Peter Farley (phonetic), the project landscape
architect, to those present, and Mr. Farley discussed the landscape plan for the proposed
development. Mr. Pourhassan provided details to those present concerning architectural details
of the proposed dwellings.
Mayor Bacon recognized Mr. Troy Nemo, residing in Sutherlin Park, and Mr. Nemo expressed
concern about the adequacy of the planned landscape buffer. Mr. Nemo stated he believes the
buffer should be extended to preserve as many trees as possible. Mr. Nemo stated he would like
for the privacy fence to be installed as soon as possible.
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Council Member McNabb asked Mr. Miller ifthe setback requirement on the South Cobb Drive
side of the development could be altered to effect a widening of the buffer area. Mr. Miller stated
the city council could approve a reduced setback distance along South Cobb Drive in exchange
for an increase in the buffer area in the rear. Mr. Kasmen stated the subject property is currently
zoned GC, and expressed the view that a residential development would be better for the
surrounding residents than some type of commercial development.
Mayor Bacon recognized Mr. Teague, and Mr. Teague expressed concerns about the appearance
of the ends of the buildings facing South Cobb Drive. Mr. Teague stated he would like to see one
of the entrances to the proposed development aligned with the entrance to the nearby Walton
Park apartments.
Council Member Newcomb expressed the view that two ofthe buildings appear to be planned for
placement on property which is not suitable for them. Mr. Kasmen stated 10 units were originally
planned for the north side of the property. Mr. Kasmen stated that, based on PZB and staff
comments, the plan was modified for these buildings to be arranged in courtyard style. Mr.
Kasmen stated this change impacted the 50' stream buffer. Mr. Kasmen stated additional space
will be added to a stream bank buffer in another area of the development as compensation.
Council Member McNabb thanked the associates ofUHL for their willingness to discuss the
project with the City's staff and officials as well as with members of the surrounding community.
Council Member McNabb expressed a desire for the developer to consider expanding the 15'
buffer and moving the buildings closer to South Cobb Drive. Council Member McNabb stated
that quality residential development is what is needed in the South Cobb Drive area of the City.
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MOTION: Council Member McNabb made a motion to approve Rezoning Request Z05-012 for
August 15,2005
12
an 8.81 acre tract from General Commercial to TD Conditional at South Cobb Drive and
Sutherlin Park for Uptown Holdings, LLC subject to the following conditions:
Standard Conditions
(Requirements #2,16, and 17 from Section 1201 ofthe Zoning Code are not applicable)
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I. 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 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.
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 ten percent reduction in a 100-year storm event. The city engineer shall
approve all plans.
5.
All utilities within the development shall be underground.
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6. 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 of 2' shall be provided between the back of curb and sidewalk.
7. The developer shall install a deceleration lane at the entrance to the subdivision. The
deceleration lane shall have a minimum length of 150' with a 50' taper.
8. 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.
9. The development of any streets (including private) shall conform to the City's standards
for public right-of-ways.
10. No debris may be buried on any lot or common area.
11. The developer will install decorative streetlights within the development, subject to
approval by the City Engineer. Utilization of low intensity, environmental type lighting,
the illumination of which shall be confined within the perimeter of the subject property
through the use of "full-cutoff lighting".
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August 15,2005
12. The developer will comply with the City's current tree ordinance. All required tree
protection measures shall be adhered to by the developer during construction.
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13.
All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances. There shall be a landscaped
front entrance, with monument, indicating the name of the development.
14. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
Special Conditions
15.
The site plan will need to be revised such that all units will utilize internal courtyards
instead of the current proposal which shows units 53 - 62 without an internal courtyard.
~I
The eastern property line shall include a Ywide landscape buffer to be planted with
appropriate screening material as described in Section 503 of the Zoning Ordinance. A
6' tall wood (cedar) privacy fence shall be included within this buffer. The HOA agrees
that both sides of this fence will be resealed at least once every five years. No streetlights
shall be placed in this landscape strip.
16.
17.
The developer shall utilize masonry for the courtyard walls, unit sides, and unit fronts
that face South Cobb Drive in order to provide a unified appearance. The frontage along
South Cobb Drive shall also incorporate a 20' wide landscape buffer with a maximum
distance between trees of 35' .
18.
The development shall maintain the following setbacks:
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Front (South Cobb Drive) - 30'
Rear (external) - 40'
Side (external) - 25'
Building Front to Front - 42'
Building Rear to Rear - 68' (minimum driveway length of22')
19.
The development shall provide stream buffers with an average width of 50' on each side
of the two streams.
20.
No more than 10% of the units may be leased at anyone time. During the period of the
lease, marketing of the unit will continue with the unit being shown to the public for
resale.
21.
A fountain to be selected by Uptown Holdings will be placed in the central courtyard
between the two buildings on the north end of the property.
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Council Member Lnenicka asked Mr. Kasmen if the applicant is agreeable to all the standard and
special stipulations of the rezoning, including the two additional stipulations promulgated by
Council Member McNabb, and Mr. Kasmen stated that, based on approval by the PZB, the
applicant is agreeable to all the standard and special stipulations of the rezoning. The motion was
seconded by Council Member Lnenicka. An unidentified person stated that the stipulations
specify a front (South Cobb Drive) setback of 40,' but that Council Member McNabb expressed
willingness to be flexible on this point to effect a widening of the buffer. Council Member
McNabb stated he would be willing to change the front setback requirement to 30' to be used for
13
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August 15,2005
14
expanding the landscape buffer. Council Member Lnenicka stated he will withdraw his second of
the motion for the purpose of clarification. Council Member McNabb stated the following
language will be added to stipulation # 16 after the sentence "A 6' tall wood (cedar) shadow box
privacy fence shall be included within this buffer": "The HOA agrees that both sides of this
fence will be resealed at least once every five years." Mr. Kasmen stated the fence will not be a
shadowbox type. Council Member McNabb stated stipulation #16 will call for a "cedar privacy
fence." Council Member Lnenicka asked Mr. Kasmen if the applicant is agreeable to all the
standard and special stipulations of the rezoning, and Mr. Kasmen answered in the affirmative.
The motion was seconded by Council Member Lnenicka. Mayor Bacon asked who will maintain
the fence, and Council Member McNabb stated it will be maintained by the HOA. Council
Member Lnenicka stated he is glad this development will be built on the subject property.
Council Member Lnenicka stated he was uncomfortable when the subject property was rezoned
to GC some years back for a number of reasons. Council Member Newcomb stated he believes
that maintaining prescribed stream bank buffers is important for the filtration of water runoff, and
that this proposal entails a variance from the stream bank buffer requirements. Council Member
Newcomb stated that, for this reason, he will not support the motion. Motion was approved
6 - 1, with Council Member Newcomb in opposition.
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(J) Public Hearing - Zoning Code Amendment - Conservation Zoning Category
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Newcomb made a motion to table Zoning Code Amendment-
Conservation Zoning Category until the September 6, 2005 meeting. The motion was seconded
by Council Member Scoggins. Motion to table the measure was approved 7 - O.
PRIVILEGE LICENSE:
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There were none.
FORMAL BUSINESS:
(A) Reappointment of Ward 2 Representative to the Smyrna Housing Authority
MOTION: Council Member Newcomb made a motion to reappoint Robert Owens, residing at
2882 Strathmoor Road, for another five year term on the Smyrna Housing Authority. The motion
was seconded by Council Member Pritchett. Motion was approved 7 - O.
(B) Reappointment of Ward 1 Representative to the Smyrna Housing Authority
MOTION: Council Member Pritchett made a motion to reappoint Earnie Curtis, residing at 2686
Farmstead Road, for another five year term on the Smyrna Housing Authority. The motion was
seconded by Council Member Newcomb. Motion was approved 7 - O.
(C) Reappointment of Ward 4 Representative to the Smyrna Housing Authority
MOTION: Council Member McNabb made a motion to reappoint J. L. Brooks, residing at 3840
Highview Terrace, for another five year term on the Smyrna Housing Authority. The motion was
seconded by Council Member Scoggins. Motion was approved 7 - O.
(D)
Appointment of License and Variance Board Members
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August 15, 2005
15
Mr. Wright stated the License and Variance Board (LVB) was created by ordinance at the
previous council meeting to hear routine privilege license requests, show cause hearings and
variances to the zoning ordinance, subdivision regulations, stream buffers and other construction
requirements. Mr. Wright stated there are four positions on the L VB to be filled with two
additional positions as alternates in case the regular members cannot attend.
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MOTION: Council Member Wood made a motion to appoint Ken Hildebrandt, Claudia Edgar
and Wayne Wright as principal members of the License and Variance Board, and Chris Corey
and Robin Broyles as alternate members. The motion was seconded by Council Member Smith.
Council Member McNabb stated that, as a matter of policy, members of the License and Variance
Board should always ensure that they know very specifically and very tangibly what they are
being asked to approve. Motion was approved 7 - O.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of August 1,2005 Minutes
(B)
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(C)
(D)
(E)
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Approval to reduce the speed limit on King Street from 35 mph to 25 mph
If approved, the speed limit on King Street will be reduced between Concord Road and
Village Green Circle. The City of Smyrna's employee Safety Committee has expressed
concern over excessive speeding on King Street. There are an increasing number of
pedestrians walking to the Market Village and City Hall. The City Engineer and Deputy
Police Chief recommend approval.
Approval of Cobb County Pre-Hazard Mitigation Plan
The Federal Emergency Management Agency and the Georgia Emergency Management
required each county in the state of Georgia to create a Pre-Hazard Mitigation Plan. The
purpose of the Pre-Hazard Mitigation Plan is to identify natural and human caused
technological hazards, to compile a detailed inventory of critical facilities, to assess
potential losses, and to develop mitigation goals and objectives. The goals and objectives
provide a baseline for the justification of, and to meet eligibility requirements for all
future Pre-Hazard Mitigation grant funding. Staff recommends approval of the plan.
Approval of Adjustments to the FY2005 Budget
A review ofthe financial statements at the end of the fiscal year has revealed that several
adjustments are needed to more clearly reflect the City's financial condition at year end.
These adjustments are needed so that the annual financial statements will not show any
unfavorable departmental variances for Fiscal year 2005. These adjustments reflect the
correction of variances in some departments due to unforeseen expenditures such as, but
not limited to,higher gas and utility costs, and larger than expected increases in the cost
of health insurance. Staff recommends approval of the adjustment.
BID A WARD BID # 6-003
This work is to replace an existing 30" storm sewer under Arden Way. Eight vendor
were solicited for bids with five vendors responding with the following:
Anytime Plumbing Services, Inc. $ 73,770.00
August 15,2005
16
Strack, Inc.
Wade Coots Company, Inc.
D & H Construction Co.
K. M. Davis Contracting Co.
$ 99,186.00
$122,500.00
$141,025.00
$149,000.00
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Public Works staff and Purchasing have reviewed these bids and due to the lowest bidder
Anytime Plumbing Inc. not providing the required Bid Bond, this company is
disqualified. Therefore, we recommend bid award to the second lowest bidder, Strack,
Inc. for $99,186.00.
(F) BID A WARD BID # 6-001
This work is to provide sanitary sewer in the Austin Drive area. Eight vendors were
solicited for bids with four vendors responding with the following:
K.M. Davis Contracting Co. Inc. $445,000.00
Anytime Plumbing Services $478,240.00
D & H Construction Co. $645,825.00
Wade Coots Company, Inc. $733,275.00
Public Works staff and Purchasing have reviewed these bids and recommend bid award
to the lowest bidder, K. M. Davis Contracting Co. Inc. for $445,000.00.
(G) BID AWARD BID # 6-004
This work is to replace two existing crosstie headwalls on two parallel 120" CMP storm
sewer pipes. Eight vendors were solicited for bids with four vendors responding with the
following:
-
D & H Construction Co.
K. M. Davis Contracting Co.
Anytime Plumbing Services
Wade Coots Company, Inc.
$104,050.00
$130,000.00
$134,680.00
$140,250.00
Public Works staff and Purchasing have reviewed these bids and recommend bid award
to the lowest bidder, D and H Construction Co. for $104,050.00.
(H) Approval for clarification and validation that in Ordinance #2005-30, adopted August 1,
2005 by Mayor and Council, that the Code of Ordinances, City of Smyrna is amended by
repealing subsections (15) and (16) of Section 46-33 and by the addition of Article VI,
Stream Buffer Protection Ordinance, by Ordinance 2005-30, adopted August 1,2005.
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 had no report.
Council Member Pritchett recognized Ms. Davis, and Ms. Davis provided details to those present
concerning current Keep Smyrna Beautiful activities.
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August 15,2005
17
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Mayor Bacon asked Mr. Stokes when repairs will be made to North Cooper Lake Road. Mr.
Stokes provided details to those present concerning projects in that area. At Council Member
Smith's request, Mr. Stokes provided details to those present concerning progress on work at
Wells Road. Council Member Lnenicka asked Mr. Stokes to be sure to attend to work needed on
a drainage structure in the vicinity ofVinings North Way and Vinings North Trail. Mr. Stokes
stated recent storms have made working conditions difficult, and that outside contractor help is
being utilized in an effort to attend to these repairs in a timely manner.
Council Member Newcomb recognized Mr. Miller, and Mr. Miller provided details to those
present concerning current building permit statistics. Mayor Bacon asked Mr. Miller how many
Community Development staff members are assigned to soil erosion control, and Mr. Miller said
one person is assigned to those duties. Mayor Bacon asked Mr. Miller to direct his staff to check
soil erosion control measures at construction sites in the City before each weekend to make
certain they are in proper order and will function as intended. Mr. Miller stated staff members
can be put on call for weekend duty to check construction sites after heavy rainstorms. Council
Member Pritchett asked Mr. Miller to direct his staffto remove illegal signs in the ROW in Ward
1 tomorrow.
Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott had no report.
Council Member McNabb stated Ms. Bennett was unable to attend this meeting. Council
Member McNabb provided details to those present concerning the upcoming Spice of Life
event on September 17.
Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those
present regarding planned recreational activities and other City events.
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Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those
present concerning recent and upcoming library programs and events. Mr. Seigler stated that the
Friends of the Library donated over $6,000 to the City Library during the past year for programs
and materials.
Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present
concerning positions for which the City is currently recruiting.
Council Member Lnenicka commented favorably on the recent Birthday Celebration event and
commended the City staff members whose efforts made this event a success.
Council Member Lnenicka recognized Chief Hook, and Chief Hook provided statistics to those
present concerning recent City police operations.
Council Member Lnenicka recognized Chief Lanyon, and Chief Lanyon provided details to those
present concerning construction progress on the new Station 3 building on Spring Road.
Council Member Wood recognized Ms. Edgar, who had no report.
Mayor Bacon commented on the impact of rising gasoline prices on the City's financial position,
and asked Mr. Wright and the Finance Department staff to formulate some plan for adjusting the
City budget to account for increasing fuel expense.
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August 15,2005
18
(A) Show Cause Hearing - Alcoholic Beverage Ordinance Violation (Sec. 6-64 Time limit on
vacating premises after close) - El Tropicana Bar & Grill- 2540 Atlanta Road #B -
Gilberto S. Blanco, Agent
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Mayor Bacon recognized Ms. Anita Serrato, an attorney representing EI Tropicana Bar & Grill
(ETB).
Mr. Wright stated that on July 10,2005 at approximately 6:20 a.m., Ofc. Maroney was checking
the parking lot of the subject location when he observed several persons asleep in two different
vehicles in front ofthe establishment. Mr. Wright stated that further investigation revealed
several male subjects seated at a table in a back room inside the bar. Mr. Wright stated Ofc.
Maroney observed beer bottles on the table and beer on ice where the male subjects were sitting.
Mr. Wright stated Ofc. Maloney subsequently issued Mr. Sandoval a citation for violation of Sec.
6-64 Time limit on vacating premises after close. Mr. Wright stated Ofc. Maloney has indicated
that the required closing time on the incident date would have 3:00 a.m., and that the premises
should have been vacated of customers within 30 minutes of closing. Mr. Wright stated that
during 2004, a citation was issued for El Tropicana for violation of Sec. 6-163 Exotic dancing in
connection with pouring license. Mr. Wright stated that on August 2, 2004 the city council
approved a penalty for this violation consisting of 10 days license suspension for the
establishment, two years of probation and a requirement for the licensee and manager to complete
the Evindi class. Mr. Wright stated the training requirement was fulfilled on September 1,2004.
Mr. Cochran administered the oath to several persons.
Mr. Cochran recognized Ofc. Maloney, and Ofc. Maloney stated that on the incident date, Ofc.
Maroney was checking the parking lot at Belmont Hills around 6: 15 a.m. Ofc. Maloney stated
the responding officer observed at least seven vehicles parked in the area of El Tropicana Bar &
Grill. Ofc. Maloney stated the responding officer observed persons asleep in two different
vehicles in front of the establishment. Ofc. Maloney stated that when the responding officer
asked an occupant of one of the parked vehicles why he was there, the occupant advised one of
his friends was still inside ETB and he was waiting for him. Ofc. Maloney stated the responding
officer could see people sitting at tables inside ETB with beer bottles on the tables. Ofc. Maloney
stated the responding officer heard a door open on the south side of ETB, and then observed a
female subject sitting in a parked vehicle which had previously appeared to have been
unoccupied. Ofc. Maloney stated the responding officer asked the female subject who she is, and
that she advised she is a bartender. Ofc. Maloney stated the responding officer entered the door
exited by the female subject, and at that time observed 13 male subjects sitting at tables with open
beer bottles on the table in front of them and additional bottles of beer in buckets of ice. Ofc.
Maloney stated the officer made contact with Juan Sandoval on the premises and advised him of
the violation, and Mr. Sandoval cleared the premises of customers as instructed by the officer.
Ofc. Maloney stated he subsequently issued Mr. Sandoval a citation for violation of Sec. 6-64
Time limit on vacating premises after close. Ofc. Maloney stated that the required closing time
on the incident date would have 3:00 a.m., and that the premises should have been vacated of
customers within 30 minutes of closing.
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Mr. Cochran asked Ms. Serrato if she wishes to asked Ofc. Maloney any questions, and Ms.
Serrato said no.
Mayor Bacon asked Ofc. Maloney if ETB has been the subject of any particular complaints since
the last reported violation for that licensee, and Ofc. Maloney said no.
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August 15.2005
19
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Ms. Serrato intoduced Mr. Juan Sandoval, the manager of ETB and the brother of the licensee, to
those present. Ms. Serrato stated that the persons present at ETB on the incident date included
Mr. Sandoval, a staff member and some friends that had come in late to visit. Ms. Serrato stated
ETB was closed at the time, and that the premises should have been vacated. Ms. Serrato stated
some of the friends were from out of town and were staying on the premises. Council Member
McNabb asked Mr. Sandoval why wait staff is kept on the premises three hours after closing to
host friends. Mr. Sandoval stated one ofthe staff members is his spouse. Council Member
McNabb asked Mr. Sandoval to identify the female subject observed in a parked car outside ETB
on the incident date. Mr. Sandoval stated that female subject is a bartender. Ms. Serrato stated
the staff present at the time ofthe incident would have been cleaning up the premises. Council
Member McNabb asked Ms. Serrato if it is correct that staff members were on the premises three
hours after closing for the purpose of cleaning the premises, and Ms. Serrato stated that is her
understanding. Council Member McNabb asked Ms. Serrato to remind her client that he is under
oath. Council Member Lnenicka expressed the view that the number of persons on the premises
at the time of the incident is higher than one would expect for a gathering of friends. Ms. Serrato
stated the business was closed at the time of the incident. Ms. Serrato stated the citation makes
reference to 15 persons, and Ofc. Maloney has also made reference to 13 persons on the premises.
Ms. Serrato stated the persons on the premises at the time of the incident were socializing past the
30 minute deadline for vacating the premises. Council Member McNabb advised Ms. Serrato that
he would prefer that there be no fencing with words during this proceeding. Council Member
McNabb stated that if there are people in a place of business after closing, the business is not shut
down. Council Member McNabb stated that when there are as many as 15 people in the
establishment with open bottles of alcoholic drink at a table as established by testimony, there is
no way Ms. Serrato can maintain that her client's business was shut down at the time of the
incident. Council Member McNabb admonished Ms. Serrato to be careful with the language she
uses before this body. Ms. Serrato stated it is not her intent to mislead the city council, and that
she must rely on the word of her client. Ms. Serrato stated ETB is a popular establishment, and
that there could have been many more people there at the time of the incident if it had been open.
Ms. Serrato stated it is her understanding, based on conversations with her client, that the persons
on the premises at the time of the incident included a couple of employees and about 10 friends.
Council Member McNabb asked Ms. Serrato if it is her assertion that she feels the city council
members should feel fortunate to learn that there were only 15 people on the premises ofETB at
the time of the incident instead of 100. Ms. Serrato stated her client is not denying the fact that
Sec. 6-64 was violated. Council Member McNabb advised Ms. Serrato that she is trying to make
a representation to the effect that the people on the premises of ETB at the time of the incident
were not customers, that the establishment was closed at that time and that this is private matter.
Council Member McNabb advised Ms. Serrato that she cannot take such a position because this is
an establishment that is supposed to be vacated. Council Member McNabb stated that the serving
of alcoholic beverages must cease at 2:55 a.m. and that the premises must be vacated within 30
minutes of closing. Council Member McNabb advised Ms. Serrato that her clients know what
these closing guidelines are. Council Member McNabb expressed the view that this incident is a
willful violation of the City of Smyrna Code of Ordinances. Ms. Serrato stated that the
information she is relating to the city council is what was related to her by her client. Ms. Serrato
stated the Code indicates that no customers should be on the premises of an establishment which
sells alcoholic beverages after 3:25 a.m., but she can understand why employees might be on the
premises later than that. Mayor Bacon asked Ms. Serrato if the doors of ETB were open when the
officers were checking the premises there at the time of the incident. Mr. Sandoval stated the
front door was locked at that time of the incident. Council Member Newcomb stated that the
applicant attested to the fact that he has the skills and knowledge to carry out his duties as a
licensee at the time he appeared before the city council to apply for the alcoholic beverage sales
license for ETB. Council Member Newcomb stated that at the show cause hearing for ETB
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August 15,2005
20
during 2004 the licensee stated he did not know something was being done which is prohibited by
the Code of Ordinances. Ms. Serrato stated her client knows what the closing hours are. Ms.
Serrato stated that Mr. Gilberto Sandoval was at a previous hearing, but not Mr. Juan Sandoval.
Council Member Newcomb stated the licensee is responsible for making certain the regulations
governing the sale of alcoholic beverages are faithfully complied with. Council Member
Newcomb asked Ms. Serrato if it is correct that her client knew the premises should have been
vacated but chose not to do so, and Ms. Serrato answered in the affirmative. Council Member
Newcomb stated that at the show cause hearing for ETB during 2004, Council Member Lnenicka
asked the licensee if it is correct that, at the time he applied for his license, he told the council
members he understands the City's alcoholic beverage ordinance, and that the licensee answered
in the affirmative. Council Member Newcomb stated he is concerned by the fact that the licensee
for ETB stated in 2003 that he understands the City's alcoholic beverage ordinance, that in 2004
he said he did not know he was violating the City's alcoholic beverage ordinance, and that in
2005 he says he understands the City's alcoholic beverage ordinance but chooses not to conform
to it. Ms. Serrato indicated that Council Member Newcomb's statement would be accurate.
Council Member Smith asked Mr. Sandoval if the employees present at ETB at the time of the
incident were being paid, and Mr. Sandoval stated the employees present were not working at that
time. Council Member Lnenicka asked Ms. Serrato if the employees present at ETB at the time
of the incident were on duty or not. Council Member Lnenicka asked Ms. Serrato if Mr.
Sandoval understands the question. Ms. Serrato asked Mr. Sandoval if he understands that he
represented to her that the employees present at ETB at the time of the incident were cleaning the
premises. Ms. Serrato asked Mr. Sandoval if the employees present at ETB at the time of the
incident were working without being paid, and Mr. Sandoval said yes. Mr. Sandoval stated he
transports the employees home, and that they cannot leave until he leaves. Council Member
Lnenicka stated this seems unfair, and may be a violation of State labor laws. Council Member
Lnenicka read a part of Ofc. Maloney's incident report to those present concerning a male subject
on the premises with traces of white powder on his face suggesting cocaine use, the presence of
what may have been drug paraphernalia on the floor of the subject premises, and two more
subjects found on the upper level who were passed out. Council Member Lnenicka stated that at
the show cause hearing for ETB during 2004 the licensee said that ETB is a place he would not
be afraid to take his own family to. Council Member Lnenicka stated he cannot imagine taking a
family to an establishment where there is the at least the appearance of drug use. Council
Member Lnenicka stated that the presence of people on the premises who have passed out
suggests that they have been served alcohol beyond their consumption capability which would
also be a violation of the alcoholic beverage sales ordinance. Council Member Lnenicka stated
that the presence of people in cars on the premises who have passed out is further evidence
suggesting that the serving of alcohol at ETB is not being controlled. Council Member Lnenicka
expressed the view that the violation that ETB has been charged with is limited considering the
evidence which is available. Council Member Lnenicka asked Ms. Serrato if she has obtained a
copy of the incident report, and Ms. Serrato said she has a copy of the citation. Ms. Serrato stated
that, according to Ofc. Maloney, the people in the cars near ETB were asleep at the time of the
incident. Ms. Serrato stated that these people may have been asleep because it was around 6:00
o'clock in the morning. Ms. Serrato stated she is shocked to learn that officers of the City police
department did not conduct further investigation if they saw what they believe may have been
evidence suggesting possible drug use on the premises. Council Member Pritchett stated the
manager and agent acknowledged at an early stage of this hearing that they violated the alcoholic
beverage sales ordinance. Mayor Bacon stated he interpreted Ofc. Maloney's report as saying
that people were asleep in the vehicles and not passed out. Mayor Bacon stated Ofc. Maloney's
report indicates the front door was locked and the side door was unlocked.
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August 15.2005
21
MOTION: Council Member McNabb made a motion to adjourn into executive session. The
motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (Clerk's Note:
Executive session commenced at 11 :25 p.m.)
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MOTION: Council Member McNabb made a motion to adjourn from executive session and to
reconvene the public meeting. The motion was seconded by Council Member Scoggins. Motion
was approved 7 - O. (Clerk's Note: Executive session concluded at 11 :43 p.m.)
Mr. Cochran stated the alcoholic beverage sales license for EI Tropicana will be suspended for 90
days beginning August 16,2005 at 12:01 a.m. and ending November 13,2005 at 11 :59 p.m. Mr.
Cochran stated the license shall be on probation for three years commencing on the present date.
Mr. Cochran stated that conditions of the probation include a requirement for EI Tropicana to
close for business every night at 11 :00 p.m. during the probationary period, and a further
requirement that no alcoholic beverages can be sold or consumed on the premises on Sundays or
any holidays.
MOTION: Council Member Scoggins made a motion to approve a disposition for the violation
of Sec. 6-64 Time limit on vacating premises after close at EI Tropicana Bar & Grill, 2540
Atlanta Road #B, Gilberto S. Blanco, agent to include a 90 day suspension of the alcoholic
beverage sales license for EI Tropicana beginning August 16,2005 at 12:01 a.m. and ending
November 13,2005 at 11 :59 p.m. and three years of probation commencing on the present date.
Council Member Scoggins stated that conditions ofthe probation include a requirement for El
Tropicana to close for business every night at 11 :00 p.m. during the probationary period, and a
further requirement that no alcoholic beverages can be sold or consumed on the premises on
Sundays or any holidays. The motion was seconded by Council Member McNabb. Motion was
approved 7 - O.
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CITIZENS INPUT:
There was none.
ADJOURNMENT:
With no further business, the meeting was adjourned at 11 :46 p.m.
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August 15,2005
A. MAX BACON, MAYOR
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BILL COGG, 3
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CHARLES PETE WOOD, WARD 7 '
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SU~N D. HIOTT, CITY CLERK
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RON NEWCOMB, WARD 2
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
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Ordinance Number
Land Lot 592
Acres .3 I 8
2005-28
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent 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 August 15,2005 after
first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests ofthe property
owners of the area to be annexed and ofthe citizens of the municipality; and
WHEREAS, at a regular meeting ofthe City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
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NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this
August, 2005.
/
A. Max Bacon, Mayor
~52:~ /
City of Smyrna
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Scott A. Cochran, City Attorney
City of Smyrna
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Ordinance # 2005-28
EXHIBIT -A"
ALL THAT TRACTOR PAR.CELOF LAND lyingaDII bani in Und 1..oc $92 oflhc 17'"
Dlnric:t. 2- Sec:tion or Cobb CDualJ apd bc:in& more pdc;utarIJ cbQibed as follows;
TO fIND THE T1l.lJE POiNT OF WiGINNING. tqjn III tho iA&ealection of the
Southcallt ri~ 1_ olOfd RoswdI Road and the WC5ll.-d l..ac LiDc ofLaad Lol592 of
the 11- Disbid. r Sa:rloa of Cobb County and run akma said riahl-oC-way line in a
OUItt~ cIin:dioe 111.10 fat 10 a n:b8r bind. which rdw marks Ibc TRUE palNl" Of
IlEGlNNING~
From the TRUE POINT OF ~NtNG. a tbus ~..d, contiauc alon& said rigIrt-
(\I:"""ay Iim: Nor1h 44 ~ 54 Minua:s.) Scs:onds Ea:sl a disIlIncc or 19.03 fee! 10. painl:
T1acucx Jc:zMns ... nga..of-MlJ liD;. I1JIl SouIb 22 Dqsces. 2.5 )AinutI:3. 24 Sca1ncn East
a disrancc of 291.51 fed to. poinI on dw aonbwcs&cm Adc of a IS fAXJI alley;
Run thence aJons the side of said ~Icy. South 67 DcgRcs. 4S Mlnutcs. SO Seconds West
a di~ of 12.20 tia::C 111 a fCtg- fDuAd:
Run tbI:IIce Nonh 31 Oqn:cs. 20 Misues We3A . disDna:: of 273.25 feet 10 :l n:bar
lound on thI: Southeast right-of-way line of Old Roswell Road. which n:bM' mark.s the TRUE
POINT Ot" Be.mNNl1'<<3~
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All as shown on Plat of ~ rOf' Jim CwuURtJbam. daIcd A\IIUSl21. 2002. by Micbacl
R. No~ Goof'ai.a RqjIiWrad Land Suncyor No. 2646 and bcilltl the same propertY conve)'oi
('Ii non H. Smidl by deed J'I:CCnk:d aI Deed nook 1 SSO. pBF M)4. Cobb Counry tu:Ords.
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08/18/2005 09:37
7704312808
COtYl,., DEll
PAGE 02
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August 15, 2005
Exhibit "A"
Revised August 10, 2005 for hearing on August 15th, 2005
August 10, 2005
City of Smyrna
City Council
Re: Addendum -Variance request - 1000 \Tinings Falls Drive
Dear City Council members.
As a result of B recent meeting with the Vmings Glen Architectural Control
Committee we felt it important to amend this addendum letter to further clarify
our petition for this variance request.
~
On July 24th the Vinings Glen ACC met to review our request for variance. As a
result of this meeting, which we were not requested to attend, they produced the
attached letter, which requested numerous items relating to the detailed.
architectural and landscaping designs for the intended development. It was
obvious that the ACC was combining the legitimate oversight they have for design
of the structure and accompanying landscaping with the current request before
you to grant a relief variance to the rear yard setback in order that we may
effectively market the home site as buildable to the current standards of the Ace
and the City of Smyrna.
The ACC requested that we be present at their next scheduled meeting on August
4th, Myself and the lot oWner, James Kegley attended the meeting and we
presented our case that the detailed architectural and landscaping information
that they had requested in their July 24m letter to us are legitimate concerns and
we were fully in accord with developing and presenting this infonnation for their
approval prior to applying for a building pennit. I have confirmed with Robin
Broyles, Chief Building Official that ACe approval of the building and landscape
for the lot are required prior to the issuance of a building permit.
Clearly there is strong opposition to the development of this lot within tbe ACC.
Don Mitchell, The Co-chair of the ACC stated that he did not want to see the
property developed.
During the August 4th meeting we attempted to focus on the items that have
direct bearing on the variance request, namely the landscaping details for the
buffer 8J.'ea and the orientation of the proposed residence so that the front
elevation is facing the cul-de-sac. The current plan representation of the
Making your home a place you love to live.
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PAGE 83
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88/18/2885 89:37
7764312888
COMl-1 DEV
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proposed building footprint shows tbe front of the home aligned 'o\<ith the L'l)]-dE
sac and we will present a landscape plan and specification for the buffer area at
the rear yard set back. The Ace members continued to insist that all of their
concerns with respect to the proposed aJ:'Ch~ and the landscaping for the
site (exclusive of the landsca.ping in the rear }'ard set back) needed to be
addressed in conjunction with this request for variance. As stated earlw-l"7 clearly
there are two event processes that need to occur and it is our position that
combining the two is not possible since we don't ultimately know the final
architecture design and or land.scaping until we know if it is possible to place a
building footprint on the site in the most logical and aestheticallocation.
-.,
As the Council members can see from the accompan.ying plat and topography
map this is a uniquely shaped and a difficult lot to develop to the standards
required by both the city and the subdivision.
Additional,
1. The si~e and type of homes prevalent and the accompanying real estate
values in this neighborh~ as well as the standards of the association.
require that a certain type and size home be constructed.
2. The topography of the site and the odd shape drive the logic.-.a} positioning
of any proposed home at the crest of the steep grade as t~ footprint of a
potential home shows of the proposed site plan. The prime buildable land
primarily exists in tbe topography contours 112' - 122'
3. The cU.ITent owner of this lot was the previous owner of the residence at
1010 Vinings Falls Drive. Upon selli~ this property an ingress/P.gTf'.c;.~
easement was granted to the purChasel."7 which encumbered the subject
property with a further tightening of side setback on the southern most
boundary line.
4. The rear yard setback of 451 that \\'as established ""ith the overall
sulxlivision plat exceeds the current district standard for R-15 zoning by
15' (go'). Further we ask that you consider our request for r.elief to 20' as a
compromise between the 10' side yard requirements and the 30' rear yard
requirements as a result of the hardships detailed above. Vve further
suggest that the intent of the zon~ng regulation bas been ~et 'o\<ith a
natural occurring and long standing buffer to the older neighborhoods7
(Hickory Hills and Vinings North) witb the substantial distances to the
abutting hom.es c.reated. by the slope of t.l)e land and the location of the
abutting homes an average of 14o'.from the proposed setback line
5. The applicant further agrees to heavily landscape the setback area a.Il)
shown on the rear yard buffer landscape plan
In conclusion, we respectfully ask that the council approve our requested
variance.
Pam M. Gouin, Wisdom Properties, Inc.
..,
AS
AY
..........
E lee t r i c a I COil t r act 0 r s, III C.
Post Office Box 1285
Smyrna. GA 30081
Phone: (770)436-6101
Fax: (770) 436-7466
www.ask-kay.com
August 15, 2005
Exhibit "B"
New Construction,
Quality Residential.
& Commercial Repairs
City of Smyrna Council and Zoning Board Members
Zoning No.
Gentlemen:
We respectfully request that the following items be included in the zoning
stipulations for the rezoning of the old Department of Labor building located at 2972
Ask-Kay Drive. We are not opposed to this rezoning; however, we feel that these
items are important to us and other adjacent businesses.
1.
2.
3.
~
4.
5.
No inoperable vehicles should be visible from Ask-Kay Drive or from any vantage
point of any existing business. This includes vehicles within the building.
No wrecked vehicles, operable or inoperable, should be left in view of Ask-Kay
Drive or from any vantage point of any existing business. This includes vehicles
within the building.
Keep all the grounds clean and maintained including cutting the grass, trimming
bushes, picking up debris, etc. This includes the overgrown field at the rear.
In general, maintain the building in good condition.
Provide whatever fencing, screens, or barriers, are necessary to accomplish the
criteria mentioned in items one and two above (similar to the attached sketch).
Also these fences, screens, and barriers should be reasonably attractive and kept
in good condition.
We have operated our business on Ask-Kay Drive for over 21 years, and we also
lease space to 10 other tenants. All of our tenants appreciate the cleanliness of our
complex. In fact, the cleanliness of the complex is frequently mentioned as to the
reason why they selected our complex. Our tenants, as well as, their customers
must pass the property being rezoned to access our complex and their businesses.
Consequently, it is paramouht to us that this property does not become an eyesore,
which would cause harm to us and our tenants' businesses. We would be happy to
meet with the owner and/or new tenant of this building to discuss our concerns.
Thank you for your attention in this matter and for your service to the City of
Smyrna.
~
Sincerely,
gJIj ;i t~
///?;::?' /'
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Bill Askea & Steve Askea
QUALITY & SERVICE
Our Most In/lJortant Concprn
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August 15, 2005
SAMS, LARKIN & HUFF
A LIMITED LIABILITY PARTNERSHIP
Exhibit "e"
ATTORNEYS AT LAw
SUITE 100
376 POWDER SPRINGS STREET
MARIETTA, GEORGIA 30064-3448
.....
GARVIS L SAMS, JR.
JOEL L. LARKIN
PARKS F. HUFF
RICHARD .A. HARRAH
MICHAEL P. PRYOR
770.422.7016
TELEPHONE
770-426'6583
FACSIMILE
July 1,2005
WWW.SAMSLARKINHUFF.COM
INFO@SAMSLARKINHUFRCOM
OF COUNSEL
DAVID P. HARTIN
VIA HAND DELIVERY
Mr. Christopher S. Miller, AICP, Director
City of Smyrna
Community Development Department
3180 Atlanta Road
Smyrna, GA 30080
Re:
Application of Jolly Development Corporation to Rezone a 36.32 Acre Tract
from Office & Institutional (0&1) to RAD Conditional Land Lots 403, 404, 461
& 462, 17th District, 2nd Section, City of Smyrna, Cobb County, Georgia
,..,
Dear Chris:
You will recall that this firm represents the applicant and property owners concerning the
above-captioned application. In that regard, you are in receipt of our recently revised site plan.
The application is scheduled to be heard and considered by the City of Smyrna Planning &
Zoning Board on July 11, 2005 and, thereafter, is scheduled to be heard and considered for final
action by the Mayor and City Council on August 15,2005.
With respect to the foregoing, consistent with discussions with the City's professional
staff and area residents, most particularly representatives ofVinings Estates Homeowners
Association, please allow this letter to serve as my clients' expression of agreement with the
following stipulations which shall become conditions and a part of the grant of the requested
rezoning, and binding upon the subject property thereafter:
1. The stipulations and conditions set forth herein shall replace and supercede in full any
and all prior stipulations and conditions, in whatsoever form, which are currently in place
concerning the property which constitutes the subject matter ofthe above-captioned
application for rezoning.
,..,
(
SAMS, LARKIN & .dUFF
A LIMITED LIABILITY PARTNERSHIP
'-"
VIA HAND DELIVERY
Mr. Christopher S. Miller, AICP, Director
City of Smyrna
Community Development Department
July 1, 2005
Page 2
2. The rezoning of the subject property shall be from 0&1 to RAD Conditional, predicated
upon the lot sizes and setbacks which are shown on the revised site plan prepared by
Clark Design Group, dated June 29, 2005.
3. The subject property shall be developed for detached single-family residences upon a
total of36.38 acres for a total number of 135 homes at a maximum density of 3.71 homes
per acre.
4. The residential community shall consist of a neighborhood containing homes which will
range in size from 2,200 square feet to 3,000 square feetl.
w
5.
The architectural style and composition of the homes proposed for the residential
community shall be consistent with the rendering/elevations/footprints being submitted
contemporaneously herewith. The composition of the homes shall consist of a
combination of either brick, stone, cedar shake, board and battened and hardy plank
siding.
6. Each home within the residential community shall have an attached two-car garage which
shall be utilized for vehicular parking only and a recital shall be contained within the
subdivision covenants reflecting same.
7. An agreement that all of the homes within the residential community shall be "for sale"
only, and that the subdivision covenants shall contain a recital stating that leasing of the
homes shall be limited to no more than ten percent (10% ) of the total number of homes
and for no lease term less than one (1) year in duration.
8. The installation of decorative lighting themed to the architecture style ofthe residences to
be constructed throughout the community.
......
1 Price points are anticipated ranging from the low $400's to the mid-$600's.
(
SAMS, LARKIN & .dUFF
A LIMITED LIABILITY PARTNERSHIP
(
.....,
VIA HAND DELIVERY
Mr. Christopher S. Miller, AICP, Director
City of Smyrna
Community Development Department
July 1, 2005
Page 3
9. An agreement to create a mandatory homeowners association which shall be responsible
for the upkeep and maintenance of all common areas, landscaped areas, amenity areas,
fences and lighting within the proposed residential community.
10. A third-party management company shall be hired to manage the day-to-day operations of
the mandatory homeowners association. The third-party management company shall
also be responsible for the management of all association monies, as well as
ensuring that the association is properly insured, until such time as the homeowners
association makes a determination that it can undertake such responsibilities.
..,
11.
An agreement to record and enforce Declaration of Covenants, Conditions and
Restrictions which shall contain rules and regulations applicable to the residential
community. Said Covenants shall be supplied to the City for review prior to the issuance
of building permits.
12. The submission of a landscape plan during the Plan Review process which shall be
subject to staff review and approval and which shall include, but not necessarily be
limited to, the following:
a. Said landscape plan shall be prepared, stamped and signed by a Georgia
Registered Landscape Architect or a de greed horticulturist for common areas
and entrances.
b. All utilities within the residential community shall be located under ground.
c. Entry signage for the residential community shall be ground-based, monument
style, consistent with the City of Smyrna Sign Ordinance, heavily landscaped
and irrigated.
d. Sodded front, side and rear yards which shall be irrigated as appropriate.
e.
Detention ponds as shown on the site plan shall be placed and landscaped
appropriately in order to be attractive to homes inside and outside of the proposed
..,
(
SAMS, LARKIN & .dUFF
A LIMITED LIABILITY PARTNERSHIP
lllIW
VIA HAND DELIVERY
Mr. Christopher S. Miller, AICP, Director
City of Smyrna
Community Development Department
July 1,2005
Page 4
residential development.
f. Installation of decorative street lights throughout the residential community
themed to the architectural style as described hereinabove. Said lighting shall
utilize low intensity environmental type illumination which shall be confined
within the perimeter of the subj ect property through the use of "full cut -off'
lighting.
g.
An agreement to comply with the City's current Tree Preservation & Replacement
Ordinance. All required tree protection measures shall be adhered to during the
construction and build-out of the residential community.
~
12. Subject to recommendations from the City of Smyrna Engineering Department
concerning hydrology, stormwater management and downstream considerations,
including recommendations regarding the ultimate positioning and configuration of on-
site detention and water quality ponds. Additionally, the stormwater detention plan shall
be designed to create at least a 10% reduction from existing conditions in a one-hundred
year storm event, subject to review and approval by the City Engineer.
13. Subject to recommendations from the City ofSmyma Public Works Department with
respect to the availability and accessibility of water and sewer and issues attendant
thereto.
14. Subject to recommendations from the City ofSmyma Engineering Department regarding
traffic/transportational issues, including the following:
a. An agreement to be responsible for any traffic improvements (including additional
right-of-way dedications) deemed necessary by either the City or Cobb County
during construction plan review.
b. Sidewalks shall be installed within the residential community and outside of the
residential community adjacent to public rights-of-way as directed by City staff.
--
(
SAMS, LARKIN & .dUFF
A LIMITED LIABILITY PARTNERSHIP
,.."
VIA HAND DELIVERY
Mr. Christopher S. Miller, AICP, Director
City of Smyrna
Community Development Department
July 1,2005
Page 5
c. A grass buffer with a minimum width of two (2) feet shall be provided between
the back-of-curb and sidewalk.
d. A strip of brick pavers or stamped concrete shall be installed on the street at the
subdivision entrance for a minimum distance of twenty (20) feet.
e. The development of any streets within the residential community shall conform to
the City's standards.
Please do not hesitate to call should you or your staff require any further information or
documentation prior to the application being heard and considered by the Planning & Zoning
......, Board and the Mayor and City Council.
With regards, I am
Very truly yours,
GLSjr/ns
Enclosures
cc: Honorable Max Bacon, Mayor - Via Hand Delivery - w/enclosures
Members, City of Smyrna City Council- Via Hand Delivery - w/enclosures
Members, City of Smyrna Planning & Zoning Board - w/enclosures
Mr. Ken L. Hildebrandt, P.E., City Engineer - Via Hand Delivery - w/enclosures
Mr. Scott Stokes, Public Works Director - Via Hand Delivery - w/enclosures
Mr. Wayne Wright, City Administrator - Via Hand Delivery - w/enclosures
Ms. Preeya R. Philipp, Planner I - Via Hand Delivery - w/enclosures
Mr. Dave Newman, Vinings Estate Homeowners Association - w/enclosures
..., Mr. Warren Jolly, Jolly Development Corporation - w/o enclosures