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09062005 September 6, 2005 September 6, 2005 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Community Development Director Chris Miller and representatives of the press. Invocation was given by Mr. Wright, followed by the pledge to the flag. AGENDA CHANGES: There were none. MAYOR'S REPORT: Mayor Bacon recognized School Board Representative Curt Johnston, and Mr. Johnston introduced Principal Peggy Pepper and students from Nickajack Elementary School to those present. The students made a presentation concerning this month's character education words. - Mayor Bacon recognized Mr. Aaron Ducre, and Mr. Ducre provided details to those present regarding efforts he is involved in to collect donations of relief supplies for persons in the Gulf Coast area affected by Hurricane Katrina. Mr. Ducre thanked the local citizens who have welcomed displaced students who have relocated here from the areas affected by the hurricane. Mayor Bacon thanked Mr. Ducre for his volunteer efforts in connection with Keep Smyrna Beautiful (KSB) and athletics. Mayor Bacon commented on the vast scope of the damage associated with the recent hurricane. Mayor Bacon recognized Ms. Paige Pushkin, and Council Member Newcomb read a Proclamation for Cobb Literacy Month to those present. The Proclamation was presented to Ms. Pushkin, and Ms. Pushkin thanked the council members for their interest in and support of the literacy program. - Mayor Bacon commented on the recent gasoline shortages associated with Hurricane Katrina and steps taken by local and State officials to help mitigate the effects of gasoline supply problems and pricing issues. Mayor Bacon recognized Mr. Jim Tudor, representing the Georgia Association of Convenience Stores (GACS). Mr. Tudor provided details to those present concerning the recently approved temporary waiver of the State excise tax on motor fuel. Mr. Tudor provided details to those present concerning the impact on local gasoline markets of media reports released last week regarding potential gasoline supply problems. Mr. Tudor stated he suggested to some media representatives that they be cautious about releasing information of that type because public overreaction can contribute to the creation of shortages. Mr. Tudor stated the internet provided a means of spreading rumors regarding gasoline supplies, and provided numerous examples of misinformation which was disseminated. Mr. Tudor stated that wholesale gasoline prices fluctuate considerably, and that retail prices reflect this variation of costs charged by a number of suppliers. Mr. Tudor provided details to those present concerning the complexities of the gasoline distribution network. Mr. Tudor stated that wholesale costs increased last Wednesday and that records will substantiate this. Mr. Tudor stated that many independent gasoline retailers may have had to increase retail prices on supplies of gasoline which were on hand before the steep cost increases in order to generate enough cash to reorder supplies of fuel at the new, higher wholesale prices. Mr. Tudor explained Governor Purdue's September 6, 2005 2 recent executive order defined gasoline price gouging as an increase in retail gasoline margins without a corresponding increase in wholesale cost. Mr. Tudor stated the General Assembly is taking steps to help make certain that the gasoline excise tax waiver will be passed on to Georgia consumers. Mr. Tudor stated that Georgia law does not require gasoline prices to be posted, but that any posted gasoline prices must equal those actually charged at the pump. Mr. Tudor stated that removal of prices from store displays is sometimes used to signify that the retailer is sold out of gasoline. Council Member Lnenicka thanked Mr. Tudor for attending this meeting and providing information to everyone relating to the impact of recent events on the gasoline distribution system. Council Member Lnenicka commended the management of BP-Amoco for maintaining gasoline price levels at their store in Smyrna. Council Member Lnenicka expressed the view that some members of the news media did not act responsibly in this particular case, and that many people and many gasoline retailers also behaved irresponsibly. Council Member Lnenicka stated that everyone's attention should be focused on helping the many people who have been affected by recent hurricane activity in the Gulf Coast region. Council Member Pritchett stated that, although gasoline prices seem to be typically higher in Alabama, she recently observed gasoline prices in that area which were lower than those in Georgia during the same time period. Mr. Tudor provided details to those present concerning the gasoline tax differences in different areas and the formulation required for gasoline used in the Atlanta area. Council Member McNabb stated that the council members were concerned that, in the stressful conditions caused by recent hurricane activity, the additional stresses brought about by possible gasoline shortages could create further uneasiness among the public. Council Member McNabb stated the city council's recent actions regarding gasoline pricing were done in the interests of public order and were not an attempt to try to regulate gasoline prices. Mayor Bacon thanked Mr. Tudor for attending this meeting and for providing information to everyone relating to the impact of recent events on the gasoline distribution system. Mayor Bacon expressed the view that a congressional investigation into recent gasoline pricing and distribution is in order. - - LAND ISSUES/ZONING/ANNEXATION: (A) Annexation and Rezoning Requests - 6168,6174 and 6180 Oakdale Road - Tuley and Tuley, Inc. (1) Public Hearing - Rezoning Request Z05-0 13 - Cobb County R-20 and General Commercial (GC) to RAD Conditional - Tuley and Tuley, Inc. Mr. Wright stated Tuley and Tuley, Inc. is proposing to rezone a 10.45 acre parcel to accommodate 47 single family residences at a density of 4.50 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) voted to recommend approval for 47 residences at its July meeting. Mr. Wright stated this item was tabled on August 15, 2005 pending an update to the Level I Archeological Study as requested by staff. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to numerous persons by Mr. Cochran. Council Member Wood recognized Mr. Tuley, and requested that Mr. Tuley provide details to those present concerning the applicant's plans for the subject property. Mr. Tuley stated the applicant wishes to annex a 10.45 acre tract into the City for rezoning and redevelopment. Mr. Tuley stated that the present zoning of the subject property is a combination of Cobb County R-20 and General Commercial (GC) and that a rezoning to RAD Conditional zoning is being sought. Mr. Tuley stated that the present land use of the subject property is a combination of single-family residential and community activity center. Mr. Tuley stated a corresponding change -- September 6, 2005 3 - to moderate density residential land use is being requested for the subject tract. Mr. Tuley stated the structures proposed for the subject property will be a detached, single-family product which he believes is an attractive option for this area. Mr. Tuley stated he is agreeable to stipulations of the rezoning as formulated by City staff and that, in accordance with the request of a resident of the subject area, he will agree to post the property against trespassing and make certain that no abandoned buildings there become a hazard to the community. Mr. Tuley stated that additional archaeological examination of the subject property has been conducted as requested. Mayor Bacon recognized Ms. Mary Rose Barnes, and Ms. Barnes stated that she has also requested that any buildings remaining on the subject property be boarded up within 30 days after closing on the property. Ms. Barnes stated she would like to see a requirement of this type become a part of the City's development standards. Ms. Barnes stated that she is asking the developer to adhere to the established hours during which construction activity is allowed. Ms. Barnes stated she believes the established hours for construction activity are not being complied with at other construction sites in the area. Ms. Barnes stated the developer should have adequate soil erosion control measures installed at the subject location. ... Mayor Bacon recognized Ms. Ann Stephens, and Ms. Stephens expressed concerns about construction noise generated at The Enclave and at a nearby park. Ms. Stephens asked the developer to take steps to control dust and dirt scattered by construction at the subject location. Ms. Stephens stated the use of gravel may alleviate the effects of dust and dirt in the subject area. Mayor Bacon asked Mr. Wright to promptly inquire into some of the concerns expressed by citizens at this meeting regarding soil erosion control measures, hours of construction activity and other problems. Council Member Wood asked Mr. Miller about code enforcement conducted at construction sites in the referenced area. Mr. Miller provided details to those present concerning efforts by Mr. Peace and other staff members to address various code compliance issues in the referenced areas. Council Member Wood stated that steps should be taken to make certain the provisions of the noise ordinance are being complied with. At Council Member Wood's request, Mr. Miller read the conditions of the rezoning into the record as follows: Standard Conditions (Requirement #2 from Section 1201 of the Zoning Code is not applicable) 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. - September 6. 2005 4 4. The detention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. - 5. All utilities within the development shall be underground. 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 for 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 of20 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". - 12. 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. 13. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 14. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 15. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. 16. A Level I Archeological Study shall be provided for the development. The developer shall verify to the City that any historical or archeological features (including civil war trench lines or evidence of encampments) identified in the study will be protected from development prior to the issuance of a permit for any land disturbance activities. If any significant archeological sites are found, the developer shall pay for a Level II .... September 6, 2005 5 Archeological Study and protect the sites during all development activities until remediation measures can be determined by the City. - Special Conditions 17. Developer shall install a 6' masonry wall, wrought iron fence, or a combination of both along Oakdale Road for the limits of the development. The frontage along Oakdale Road shall also incorporate a 20' wide landscape buffer with a maximum distance between trees of 45'. The developer shall be responsible for constructing an entry sign for the community. 18. The development shall maintain the following setbacks: Front -20' Rear - 30' Side - 5' Minimum Building Separation - 15' Driveway - A minimum of 22.' The developer will cooperate with the City in efforts to achieve this standard. 19. The developer shall board up any buildings on the property after they are vacated. The developer shall remove any vacant buildings on the property within 60 days of closing on the property. Mayor Bacon stated this concludes the public hearing portion of this rezoning. - (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 MOTION: Council Member Wood made a motion to approve the annexation request for a 5.13 acre tract (Tract Il) in Land Lot 177, Parcel 18, 18th District, 2nd Section, Cobb County at 6168 Oakdale Road for Sharon Leonard, G.L. Buckner and Dianne Buckner with said property to become a part of Ward 7 of the City of Smyrna with an effective date of October 1, 2005. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (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 MOTION: Council Member Wood made a motion to approve the annexation request for a 3.50 acre tract (Tract Ill) in Land Lot 177, Parcel 17, 18th District, 2nd Section, Cobb County at 6174 Oakdale Road for Chris Nelson and Mary E. Nelson with said property to become a part of Ward 7 of the City of Smyrna with an effective date of October 1, 2005. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (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 - MOTION: Council Member Wood made a motion to approve the annexation request for a 1.65 acre tract (Tract IV) in Land Lot 177, Parcel 16, 18th District, 2nd Section, Cobb County at 6180 September 6, 2005 6 Oakdale Road for Dorothy Smith with said property to become a part of Ward 7 of the City of Smyrna with an effective date of October 1,2005. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. - (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 approve Rezoning Request Z05-013 from Cobb County R-20 and General Commercial (GC) to RAD Conditional for 6168,6174 and 6180 Oakdale Road for Tuley and Tuley, Inc. subject to standard conditions and special conditions as read into the record. At Council Member Lnenicka's request, Mr. Miller provided clarifying details to those present concerning the conditions of rezoning agreed upon by the applicant. The motion was seconded by Council Member Lnenicka. Council Member McNabb asked staff to explore the possibility of incorporating the provisions of special condition # 19 pertaining to derelict buildings into the City's development standards. Motion was approved 7 - O. (B) Public Hearing - Ordinance 2005-16 - Zoning Code Amendment to Sections 709.7, 711.13, 712.22 and 712.44 {Outside Display, Storage and Sale of Merchandise} - Additional regulations pertaining to non-residential zoning Areas Mr. Wright stated the City currently regulates outside storage for certain non-retail business uses in the LC District, but does not have any standards for retail properties. Mr. Wright stated the council requested staff to prepare specific regulations designed to limit outside storage and display of merchandise. Mr. Wright stated the proposed amendments will require that the outside display, storage or sale of merchandise be limited to an area which is within a display area enclosed on all sides by a 6' high wall, under a building overhang or canopy or located no greater than five feet from the exterior building wall. Mr. Wright stated it is proposed to apply these restrictions to Limited Commercial and Neighborhood Shopping districts as well as lumber, hardware and building materials establishments and other retail uses in General Commercial zoned areas. - At Council Member Newcomb's request, Mr. Miller provided details concerning the proposed zoning amendments to those present. Mr. Miller stated that some business establishments have been using setback areas and parking lots for display of merchandise. Mr. Miller provided details regarding provisions for display and storage allowed by the proposed changes. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Newcomb made a motion to approve Ordinance 2005-16 for zoning code amendment {Outside Display, Storage and Sale of Merchandise} for additional regulations pertaining to non-residential zoning areas. The motion was seconded by Council Member McNabb. Motion was approved 7 - o. (C) Public Hearing - Zoning Code Amendment - Conservation Zoning Category Mr. Wright stated the City is required by the Georgia EPD to adopt new standards and requirements related to the conservation of open space. Mr. Wright stated the new guidelines will allow structures to be concentrated in one area in order to allow large parts of a property to be preserved as open space. Mr. Wright stated staff recommends approval of these new regulations. - September 6. 2005 7 - At Council Member Newcomb's request, Mr. Miller provided details concerning the proposed zoning category to those present. Mr. Miller stated that some parts of a property, such as wetlands, sloped areas and others, will not be allowed to be factored in when calculating the proposed density of development on that property. Mr. Miller stated that these proposed guidelines would not be applicable to R-15 and R-20 zoned areas. Mr. Miller stated these regulations are designed for higher-density zonings. Mr. Miller stated these regulations will require open space to be contiguous instead of being an aggregate of small areas scattered around a subdivision. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Newcomb made a motion to approve a zoning code amendment for creation of a Conservation Zoning Category. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (D) Public Hearing - Variance Request V05-033 - Reduction in Rear Yard Setback - 1000 Vinings Falls Drive - Wisdom Properties Mr. Wright stated the subject tract is zoned R-15, and that according to the approved plat for Vinings Glen Phase III, the minimum rear yard setback for the subject property is 45 feet. Mr. Wright stated the applicant is requesting a variance to reduce the rear yard setback to 20 feet. Mr. Wright stated staff recommends that the request be tabled until such time as the plans for the property are presented to the City in their final form. - Council Member Lnenicka recognized Mr. Miller, and Mr. Miller stated the applicant is continuing discussions on this matter with the homeowners association. Council Member Lnenicka stated it is his understanding that the applicant would like for this variance request to be tabled indefinitely. Mr. Miller stated the applicant may also withdraw the variance application and resubmit it at a future time. Council Member Lnenicka asked Mr. Cochran ifthis variance request can be tabled indefinitely and ifthe hearing notice sign can be removed from the property, and Mr. Cochran stated the sign will have to be reposted if the request is scheduled on a future agenda. Mayor Bacon stated this is a public hearing and asked for public comment. Mayor Bacon recognized Mr. Kevin Smith, and Mr. Smith stated he is concerned by the fact that this matter is being continued indefinitely. Council Member Lnenicka asked Mr. Cochran if this variance request can be omitted from future agendas if it is tabled indefinitely, and Mr. Cochran stated if it is tabled without a date, the request will not appear on another agenda until such time as a hearing date is established. Mr. Cochran stated the sign can then be removed from the subject property in the interim, and need not be posted again until another hearing date is set. Council Member McNabb stated he believes it would be better to vote on this matter at this meeting. Council Member Lnenicka stated that an indefinite tabling of this request would allow the applicant to reactivate the request at a future time without paying additional fees. MOTION: Council Member Lnenicka made a motion to table Variance Request V05-033 for a reduction in rear yard setback at 1000 Vinings Falls Drive for Wisdom Properties indefinitely and to direct staff to remove the hearing notice signs from the subject property until such time as - September 6, 2005 8 the applicant requests that this matter be once again placed on an agenda and readvertised. The motion was seconded by Council Member Wood. Motion to table the variance request indefinitely was approved 6 - 1, with Council Member McNabb in opposition. - Council Member Lnenicka stated he will recontact the residents of the subject area if and when this variance request is placed on a future council meeting agenda. (E) Public Hearing - Variance Request V05-036 - Additional Wall Sign - 2390 South Cobb Drive - Walgreen's 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. Council Member Smith recognized Mr. Tom Tyson, and asked Mr. Tyson to provide details to those present concerning the requested additional sign. Mr. Tyson stated that southbound traffic at the subject location moves at a high rate of speed, and that the monument sign presently at the subject location is not sufficiently visible. Mr. Tyson stated a building-mounted sign would be easier for passing motorists to see. Council Member Smith advised Mr. Tyson that the existing monument sign at the subject location appears to be partially obscured by shrubbery. Council Member Smith advised Mr. Tyson that some trees on an adjoining property also seem to be reducing the visibility of an existing sign at the subject location. Council Member Smith asked Mr. Tyson if the company would consider giving up an existing sign on Windy Hill Road in exchange for the requested sign. Council Member Smith stated a variance has already been granted to allow two signs at the subject location. Mr. Miller stated he believes no variance would be needed to move an already permitted sign to another spot on the subject property. - MOTION: Council Member Smith made a motion to deny Variance Request V05-036 for an additional wall sign at 2390 South Cobb Drive for Walgreen's. The motion was seconded by Council Member Newcomb. Motion to deny the request was approved 7 - O. (F) Public Hearing: Zoning Code Amendment - Repeal of subsections 7, 8 and 9 of Section 1, Appendix D, Design Specifications and subsection 5 of Section 1201 Mr. Wright stated this measure is in connection with post development stormwater management guidelines adopted by the City on August 1,2005. Mr. Wright stated the public hearing on repeal of subsections 7, 8 and 9 of Section 1, Appendix D, Design Specifications and subsection 5 of Section 1201 has been advertised. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Newcomb made a motion to approve the repeal of subsections 7,8 and 9 of Section 1, Appendix D, Design Specifications and subsection 5 of Section 1201 of the Zoning Code. The motion was seconded by Council Member Pritchett. Motion was approved 7 -0. (B) Public Hearing - Ordinance 2005-16 - Zoning Code Amendment to Sections 709.7, 711.13, 712.22 and 712.44 {Outside Display, Storage and Sale of Merchandise} - Additional regulations pertaining to non-residential zoning areas - September 6, 2005 9 Council Member Newcomb stated the motion for this measure will be restated to more accurately identify the code sections to be amended. - MOTION: Council Member Newcomb made a motion to approve amendment to Appendix A- Zoning, Article VII, Use Provisions, Sections 709.7, 711.13, 712.22 and 712.44. The motion was seconded by Council Member McNabb. The motion was approved 7 - O. PRIVILEGE LICENSE: (A) Public Hearing - Privilege License Request - Retail Package Sales (Beer & Wine)- Smyrna Tropical Food Store, Inc. - 3240 South Cobb Drive, Suite G - Young D. Omiela, Agent Applicant Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member McNabb recognized Mr. Omiela. Council Member McNabb asked Mr. Omiela if he has had an opportunity to review the City's alcoholic beverage ordinance, and Mr. Omiela answered in the affirmative. Council Member McNabb asked Mr. Omiela ifhe understands the information in the alcoholic beverage ordinance, and Mr. Omiela answered in the affirmative. Council Member McNabb urged Mr. Omiela to train his staff to be diligent about checking identifications of persons attempting to purchase alcoholic beverages at Smyrna Tropical Food Store. Council Member McNabb advised Mr. Omiela that local authorities conduct undercover inquiries to help gauge the compliance of licensees with alcoholic beverage sales regulations. At Council Member McNabb's request, Mr. Omiela provided details to those present concerning the other types of merchandise to be sold at Smyrna Tropical Food Store. MOTION: Council Member McNabb made a motion to approve the privilege license request for retail package sales of beer and wine for Smyrna Tropical Food Store, Inc. at 3240 South Cobb Drive, Suite G, Young D. Omiela, Agent. The motion was seconded by Council Member Scoggins. Council Member Lnenicka suggested to Mr. Omiela that he consider taking a responsible alcoholic beverage sales and service training class. Motion was approved 7 - O. FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of August 15, 2005 Minutes (B) Authorization for Mayor to Sign Franchise Agreement with Georgia Power Company (C) Award of contract: Architectural services for the restoration of the Brawner Hospital Building at 3180 Atlanta Road OlP/ Architect, Inc. is the firm recommended to provide - September 6. 2005 10 architectural design and construction administration services for the hospital's restoration. OlP has experience in restoring hospital and school buildings of a similar project size and historic scope. - (D) Bid Award for the purchase of 40 replacement computers from bid request IFB 6-006 (opened 8/1 0/2005) These computers will replace City departmental computers that are at the end of their useful life. Funds to replace these computers are in the current fiscal budget and a bid request for 40 computers was issued and responses received on 8/10/05. The Purchasing Manager opened the bids and has recommended that the low bidder, Dell, be selected. (E) Ratification of Event in the Market Village on Thursday, September 1, 2005 Atkins Park Tavern, Vintage Tavern/Zucca, Moes Southwestern Grill, Cafe Michel and 790 The Zone (Sports Talk) are proposing the Pigskin Palooza for the first time in the Market Village. The event structure will include a stage and two large screens in the fountain area. Approval of this first-time Market Village Event is recommended with requirement that organizers adhere to city specified safety and ordinance regulations. (F) Approval of Road Closings for Spice of Life Event on September 17,2005 This event requires street closings impacting access to the Village Green (Village Green Circle and Village Green approach ), the Market Village, and King Street from Village Green Circle to Stephens. Additionally, the Veterans Memorial stretch of Bank Street from King Street to the end of the City Hall parking lot is requested. It is anticipated that access to all requested areas must be blocked beginning early Saturday and will remain closed until all vendors have departed various areas at the close of the event (after 10:00 p.m.) on the day ofthe event. Many streets may be blocked as early as 4:00 a.m. to prevent capture of unoccupied vehicles in vehicle-free zones and festival setup and performance areas throughout the festival area. The Village Green Circle and approach roads will be closed as early as 10:00 a.m. on Friday, September 16 and will remain closed through the duration of the September 17 event and cleanup. Approval of road closings for this event is recommended. - (G) Approval of Ratification and Adoption of the City of Smyrna Stream Buffer Map, dated 8/2/05 in accordance with the Stream Buffer Protection Ordinance, adopted August 1, 2005, Ordinance # 2005-30. This map, in conjunction with the Stream Buffer Protection Ordinance 2205-30, reflects City streams, including buffer requirements. MOTION: Council Member Wood made a motion to approve the consent agenda. Council Member Smith asked if the award of contract for architectural services for the restoration of the Brawner Hospital is based on the plan which was submitted to the city council. Council Member Lnenicka stated it is based on a proposal for services. Council Member McNabb stated this proposal does not commit the City to a specific architectural design. Mayor Bacon stated that any plan will have to be approved by the city council. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Wood yielded the floor with no report. Council Member Lnenicka stated that the recycling schedule will be changed for this week because of the holiday. Council Member Lnenicka stated that City personnel are continuing - September 6, 2005 11 - their efforts to make certain that substandard apartment buildings in the City are brought into compliance with various codes in order to make them safe and habitable. Council Member Lnenicka stated that vacant apartments which have been condemned must be either repaired or demolished. Council Member Lnenicka stated that City staff members are providing assistance in various ways to the many persons affected by Hurricane Katrina. Council Member Lnenicka stated that a team of City firefighters will deploy to the Gulf Coast region this week, and that FEMA will cover their expenses during the deployment. Council Member Lnenicka stated that rotating shifts of City firefighters will deploy to the affected area about every seven days. Council Member Lnenicka stated that he appreciates the individuals volunteering to provide police, fire and EMS services to the affected areas. Council Member Lnenicka stated that groups of City employees are collecting items for donation and transport to victims of the hurricane. Council Member Lnenicka stated that many citizens are volunteering their assistance to the people affected by the hurricane. Council Member Lnenicka stated that he believes that the citizens of Cobb County in general have been generous and thoughtful in the manner in which they have responded to the needs of those people affected by this natural disaster. Council Member Lnenicka stated that sometimes in the deepest tragedies we find the deepest meaning and significance to our lives. Council Member Lnenicka stated that this is a time which will test us, but it is also a time when we can show what Americans are really made of. Council Member Lnenicka stated that his father is currently in intensive care, and that he appreciates everyone's prayers. Council Member Smith thanked Aaron Ducre for his volunteer efforts to help provide aid for hurricane victims. Council Member Smith stated that disasters such as the recent hurricane bring out the cooperative spirit of the American people. - Council Member McNabb stated that representatives of Emory Adventist Hospital (EAH) have advised him that several dozen people flown into Dobbins Air Base from the region affected by the recent hurricane were triaged. Council Member McNabb stated these persons were stabilized and returned to a shelter. Council Member McNabb stated that a nurse from EAH assisted an elderly woman by driving her back to Mississippi and reconnecting her with her family. Council Member McNabb stated these extraordinary events bring out the best in people. Council Member McNabb stated that EAH is also collecting donated emergency relief supplies for the people in the affected areas. Council Member McNabb stated that lives are a stake, and that prompt action, regardless of whether or not it is perfectly executed, is urgently needed. Council Member Scoggins yielded the floor with no report. Council Member Newcomb yielded the floor with no report. Council Member Pritchett read an excerpt from a press release from the Cobb Municipal Association (CMA) in which it was reported that over 200 persons displaced by the recent hurricane in New Orleans arrived at Dobbins Air Base and were transported to shelter facilities in west Cobb County. Ms. Pritchett provided details to those present concerning the various amenities and services available at the shelters. Ms. Pritchett provided details to those present concerning various other forms of assistance which are being planned by local governments in Cobb County for the benefit of displaced persons here and in the Gulf Coast region. Council Member Pritchett thanked Aaron Ducre for his volunteer efforts to help provide aid for hurricane victims. Council Member Pritchett stated she is proud of the efforts made by the citizens of Smyrna and all the American people to help provide relief to the many persons affected by this disaster. - September 6, 2005 12 Mr. Wright stated the City Library staff is collecting books and distributing them to shelters in the Atlanta area housing persons displaced by the hurricane. Mr. Wright stated the Library will be accepting donations of books in good condition for both adults and children for distribution. - Mayor Bacon stated the destruction wrought by Hurricane Katrina will forever change the lives of many people. Mayor Bacon stated that many persons displaced by the hurricane have no home to return to. Mayor Bacon stated that Colonial Pipeline Company has reported that their pipeline operations have returned to full and normal operating conditions for all its main lines. Mayor Bacon stated that local purveyors of gasoline will continue to be monitored to make certain that their pricing is in line with what is generally being charged for fuel. CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry stated that when taxpayers and citizens wait to be recognized for citizens input their questions should be answered. Mr. Backry asked Council Member Pritchett if the policy regarding answering questions can be changed. Council Member Pritchett stated that policy changes must be approved by the city council. Council Member Pritchett stated that making comments is different from asking questions, and that questions can be directed to officials and staff at any time. Council Member Pritchett stated the citizens input portion of the agenda is for allowing citizens to make comments. Mr. Backry stated the City police department has 14 vacancies for police officers, and that there is no traffic enforcement unit other than motorcycle officers assigned to shifts. Mr. Backry stated that 6 officers are assigned to shifts instead of 12. Mr. Backry stated that there are 12 detectives with take-home vehicles, but only one of them is on call. Mr. Backry asked why all the other detectives are taking agency vehicles home. Mr. Backry stated that eliminating these take-home vehicle privileges would save the City money. Mr. Backry stated that the new probation sergeant has been allowed a take-home agency vehicle. Mr. Backry stated this take-home agency vehicle policy is a waste of taxpayer resources which should be addressed. Council Member Pritchett thanked Mr. Backry for his comments. Council Member Pritchett stated that the city council members are presently reviewing take-home vehicle privileges and other aspects of City operations in an effort to find possible ways to economize. - ADJOURNMENT: With no further business, the meeting was adjourned at 9:56 p.m. - September 6, 2005 - A. MAX BACON, MAYOR f 4~~ BILL S OGGINS, W 3 - ~ U u-M CHARLES PETE WOOD, WARD 7 - 13 ~ O. 'f{~ SUS: D. HIOTT. 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Smyrna, GA 30080 812105 _ 50 Foot Buffer w125 Foot Impervious Setback _ 100 Foot Buffer -....--.. Road -+-- Railroad N + o 0.25 0.5 - 1 MIles 1.5 2 ORDINANCE No. 2005-16 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A-ZONING, ARTICLE VII, USE PROVISIONS, SECTIONS 709.7, 711.13, 712.22 AND 712.44, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTIONS TO INCLUDE PROVISIONS FOR REGULATION OF OUTSIDE STORAGE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A-Zoning, Article VII, Use Provisions, Sections 709.7, 711.13, 712.22 and 712.44, City of Smyrna, Georgia, be amended to read as follows: See 709.7 Limited retail sales. The following uses area permitted provided the limited retail sales establishment does not exceed 1200 square feet of floor area and the outside display, storage or sale of merchandise is limited to an area which is; within a display area enclosed on all sides by a 6' high wall, under a building overhang/canopy or located no greater than five feet from the exterior building wall. (1) Arts and crafts shops. (2) Antique shops. (3) Gift shops. (4) Bridal shops. (5) Boutique shops. - Sec 711.13 Retail establishments, including art, antique, apparel, appliance, book, camera, clothing department, drug, fabric, florist, food, furniture, garden supply, general merchandise, hardware, hobby, jewelry, music, notion, photographic supply, shoe, sporting goods, stationery and toy stores, but not excluding similar retail establishments. The size of any retail establishment shall be limited to 5,000 square feet of floor area. Any manufacturing incidental to the retail business or service shall be limited to occupying 20 percent or less of the total floor area. The outside display, storage or sale of merchandise shall be limited to an area which is; within a display area enclosed on all sides by a 6' high wall, under a building overhang/canopy or located no greater than five feet from the exterior building wall. Sec 712.22 Lumber, hardware and other building material establishments, provided that the outside display, storage or sale of merchandise shall be limited to an area which is; within a display area enclosed on all sides by a 6' high wall or fence, under a building overhang/canopy or located no greater than five feet from the exterior building wall. - Sec 712.44 Retail uses, provided that the making of products sold at retail on the premises is incidental to the retail business and does not occupy more than 30 percent of the total floor area of the establishment and the outside display, storage or sale of merchandise shall be limited to an area which is; within a display area enclosed on all sides by a 6' high wall, under a building overhang/canopy or located no greater than five feet from the exterior building wall. ORDINANCE No. 2005-16 All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. - Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 6th day of September, 2005. Attest: /d~ A. Max Bacon, Mayor j),7t~ S san D. Hiott, City Clerk "ty of Smyrna Approved as to form: - u..--_______. Scott A. Cochran, City Attorney ~e~rlovted October 17, 2005 - 2 ORDINANCE No. 2005-36 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A-ZONING, ARTICLE VII, USE PROVISIONS, CITY OF SMYRNA, GEORGIA, BE AMENDED BY THE ADDITION OF A NEW CONSERVATION SUBDIVISION AND OPEN SPACE DEVELOPMENT ORDINANCE TO PROVIDE FOR THE PRESERVATION OF GREENSP ACE, TO PROVIDE FLEXIBILITY OF DESIGN IN ORDER TO PROMOTE EFFICIENT AND ENVIRONMENT ALLY SENSITIVE USE OF LAND, TO HELP PRESERVE AREAS OF HISTORICAL AND ARCHAEOLOGICAL SIGNIFICANCE AND FOR OTHER PURPOSES BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A-Zoning, Article VII, Use Provisions be amended by the addition of a new Conservation Subdivision and Open Space Development Ordinance which shall read as follows: CITY OF SMYRNA CONSERVATION SUBDIVISION AND OPEN SPACE DEVELOPMENT ORDINANCE Description: _ The model ordinance provides for conservation subdivisions in residential zones. This type of development can provide for the preservation of open space and greenspace for watershed protection and the nonstructural management of stormwater runoff. Table of Contents . Section 1. Purposes . Section 2. General Regulations . Section 3. Application Requirements . Section 4. Open Space - ORDINANCE No. 2005-36 Section 1. Purposes A. To provide for the preservation of greenspace as a nonstructural stormwater runoff and watershed protection measure. - B. To provide a residential zoning district that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land. C. To preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands, streams, steep slopes, woodlands and wildlife habitat. D. To permit clustering of houses and structures on less environmentally sensitive soils which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development. E. To reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development. F. To promote interconnected greenways and corridors throughout the community. G. To promote contiguous greenspace with adjacent jurisdictions. H. To encourage interaction in the community by clustering houses and orienting them closer to the street, providing public gathering places and encouraging use of parks and community facilities as focal points in the neighborhood. - I. To encourage street designs that reduce traffic speeds and reliance on main arteries. J. To promote construction of convenient landscaped walking trails and bike paths both within the subdivision and connected to neighboring communities, businesses, and facilities to reduce reliance on automobiles. K. To conserve scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of open space. L. To preserve important historic and archaeological sites. Section 2. General Regulations A. Applicability of Regulations. This Conservation Subdivision option is available in the following zoning districts: R-12, RAD, RMC-8, RM-IO, RM-12, RD, and TD. - 2 ORDINANCE No. 2005-36 Applicant shall comply with all other provisions of the zoning code and all other applicable laws, except those that are incompatible with the provisions contained herein. - B. Ownership of Development Site. The tract ofland to be subdivided may be held in single and separate ownership or in multiple ownership. Ifheld in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility. C. Housing Density Determination. The maximum number of lots in the Conservation Subdivision shall be determined by either of the following two methods, at the discretion of the local jurisdiction: (1) Calculation: The maximum number of lots is determined by dividing the area of the tract of land by any minimum lot size specified in the underlying zoning. In making this calculation, the following shall not be included in the total area of the parcel: a. slopes over 25 percent of at least 5,000 square feet contiguous area; b. the 100-year floodplain; c. bodies of open water over 5,000 square feet contiguous area; d. wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act; or, e. anticipated right-of-way needs for roads and utilities. - (2) Yield Plan: The maximum number of lots is based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots possible. The plan does not have to meet formal requirements for a site design plan, but the design must be capable of being constructed given site features and all applicable regulations. Section 3. Application Requirements A. Site Analysis Map Required. Concurrent with the submission of a site concept plan, Applicant shall prepare and submit a site analysis map. The purpose of the site analysis map is to ensure that the important site features have been adequately identified prior to the creation of the site design, and that the proposed Open Space will meet the requirements of this article. The preliminary site plan shall include the following features: (1) Property boundaries; (2) All streams, rivers, lakes, wetlands and other hydrologic features; (3) Topographic contours of no less than 10-foot intervals; - 3 ORDINANCE No. 2005-36 (4) All Primary and Secondary Conservation Areas labeled by type, as described in Section 4 of this Article; - (5) General vegetation characteristics; (6) General soil types; (7) The planned location of protected Open Space; (8) Existing roads and structures; and, (9) Potential connections with existing greenspace and trails. B. Open Space Management Plan Required. An open space management plan, as described in Section 4, shall be prepared and submitted prior to the issuance of a land disturbance permit. C. Instrument of Permanent Protection Required. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant and as described in Section 4, shall be placed on the Open Space concurrent with the issuance of a land disturbance permit. D. Other Requirements. The Applicant shall adhere to all other applicable requirements of the underlying zoning and the City of Smyrna Code of Ordinances. - Section 4. Open Space A. Definition. Open Space is the portion of the conservation subdivision that has been set aside for permanent protection. Activities within the Open Space are restricted in perpetuity through the use of an approved legal instrument. B. Standards to Determine Open Space. (1) The minimum restricted Open Space shall comprise at least 40% of the gross tract area. (2) The following are considered Primary Conservation Areas and are required to be included within the Open Space, unless the Applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this article: a. The regulatory 1 DO-year floodplain; b. Buffer zones of at least 75 ft width along all perennial and intermittent streams; - 4 ORDINANCE No. 2005-36 - c. Slopes above 25 percent of at least 5,000 square feet contiguous area; Wetlands that meet the definition used by the Army Corps of Engineers pursuant to the Clean Water Act; Populations of endangered or threatened species, or habitat for such species; and, Archaeological sites, cemeteries and burial grounds d. e. f. (3) The following are considered Secondary Conservation Areas and should be included within the Open Space to the maximum extent feasible. a. Important historic sites; b. Existing healthy, native forests of at least one acre contiguous area; c. Individual existing healthy trees greater than 8 inches caliper, as measured from their outermost drip line; d. Other significant natural features and scenic viewsheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads; e. Prime agricultural lands of at least five acres contiguous area; and, f. Existing trails that connect the tract to neighboring areas. (4) Above-ground utility rights-of-way and small areas of impervious surface may be included within the protected Open Space but cannot be counted towards the 40 percent minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface shall be excluded from the Open Space. - (5) At least 75 percent of the Open Space shall be in a contiguous tract. The Open Space should adjoin any neighboring areas of Open Space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected Open Space. (6) The Open Space shall be directly accessible to the largest practicable number oflots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the Open Space. C. Permitted Uses of Open Space. Uses of Open Space may include the following: (1) Conservation of natural, archeological or historical resources; (2) Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas; - 5 ORDINANCE No. 2005-36 (3) Walking or bicycle trails, provided they are constructed of porous paving materials; (4) Passive recreation areas; - (5) Active recreation areas, provided that they are limited to no more than 10 percent of the total Open Space and are not located within Primary Conservation Areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected Open Space; (6) Agriculture, horticulture, silviculture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within Primary Conservation Areas; (7) Nonstructural stormwater management practices; (8) Easements for drainage, access, and underground utility lines; or (9) Other conservation-oriented uses compatible with the purposes of this ordinance. D. Prohibited uses of Open Space (1) Golf courses; - (2) Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections; (3) Agricultural and forestry activities not conducted according to accepted Best Management Practices; and, (4) Other activities as determined by the Applicant and recorded on the legal instrument providing for permanent protection. E. Ownership and Management of Open Space. (1) Ownership of Open Space. The applicant must identify the owner of the Open Space who is responsible for maintaining the Open Space and facilities located thereon. If a Homeowners Association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a Homeowners Association is the owner, the Homeowners' Association shall have lien authority to ensure the collection of dues from all members. The - 6 ORDINANCE No. 2005-36 responsibility for maintaining the Open Space and any facilities located thereon shall be borne by the owner. - (2) Management Plan. Applicant shall submit a Plan for Management of Open Space and Common Facilities ("Plan") that: a. allocates responsibility and guidelines for the maintenance and operation of the Open Space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements; b. estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the Open Space and outlines the means by which such funding will be obtained or provided; c. provides that any changes to the Plan be approved by the Board of Commissioners; and, d. provides for enforcement of the Plan. (3) In the event the party responsible for maintenance of the Open Space fails to maintain all or any portion in reasonable order and condition, the City of Smyrna may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, Homeowner's Association, or to the individual property owners that make up the Homeowner's Association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties. - F. Legal Instrument for Permanent Protection. (1) The Open Space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following: a. A permanent conservation easement in favor of either: (i) a land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or (ii) a governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance. If the entity accepting the easement is not [the jurisdiction], then a third right of enforcement favoring [the jurisdiction] shall be included in the easement; - 7 ORDINANCE No. 2005-36 b. A permanent restrictive covenant for conservation purposes in favor of a governmental entity; or, c. An equivalent legal tool that provides permanent protection, if approved by the City of Smyrna. - (2) The instrument for permanent protection shall include clear restrictions on the use of the Open Space. These restrictions shall include all restrictions contained in this article, as well as any further restrictions the Applicant chooses to place on the use of the Open Space. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 6th day of September, 2005. - ffi Attest: /~ ~' / \ . L' []. "Lf;:b(; S?san D. HIOtt, CIty Clerk City of Smyrna A. Max Bacon, Mayor Approved as to form: - 8 ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 1 77 Acres 1.65 2005-25 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, ofthe Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on September 6, 2005 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and - NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A." BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this September, 2005. A. Max Bacon, Mayor ~vnD~ Susan D. Hiott, City Clerk City of Smyrna - lk- - Scott A. Cochran, City Attorney City of Smyrna " ~ .\.t ~ Ordinance # 2005-25 Exhibit "A" Property Line Description Tract IV All that tract or parcel of land lying and being in Land Lot 177 of the 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the northwesterly corner of Land Lot 177; thence along the westerly line of Land Lot 177 South 00 degrees 29 minutes 00 seconds East, 379.55 feet to a point; said point being the POINT OF BEGINNING; thence leaving said westerly Land Lot Line South 84 degrees 57 minutes 00 seconds East, 631.66 feet to a point; thence North 11 degrees 12 minutes 00 seconds East, 36. ggfeet to a point; thence South 71 degrees 43 minutes 00 seconds East, 150.00 feet to a point on the northwesterly right-of-way of Oakdale Road; thence along said northwesterly right-of-way South 29 degrees 33 minutes 37 seconds West, 90.30 feet to a point; thence leaving said northwesterly right-of-way North 87 degrees 47 minutes 41 seconds West, 733.32 feet to a point on said westerly Land Lot Line; thence along said westerly Land Lot Line North 00 degrees 29 minutes 00 seconds West, 119.17 feet to a point; said point being the POINT OF BEGINNING; ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 177 Acres 3.50 2005-24 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 ofthe 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 September 6, 2005 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and - NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A. " BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. September, 2005. SO ORDAINED by the City Council of the City of Smyrna, this 6th day of ~~ A. Max Bacon, Mayor ~~.[J, 7r/~ Sus n D. Hiott, City Clerk City of Smyrna - LiL-- " ' &ott A. Cochran, City Attorney City of Smyrna 't' '-' .. Ordinance # 2005-24 Exhibit "A" Property Line Description Tract III All that tract or parcel of land lying and being in Land Lot 177 of the 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the northwesterly comer of Land Lot 177; thence along the westerly line of Land Lot 177 South 00 degrees 29 minutes 00 seconds East, 177.00 feet to a point; said point being the POINT OF BEGINNING; thence leaving said westerly Land Lot Line South 82 degrees 32 minutes 00 seconds East, 917.40 feet to a point on the northwesterly right-of-way of Oakdale Road; thence along said northwesterly right-of-way South 40 degrees 25 minutes 00 seconds West, 199.86 feet to a point; thence leaving said northwesterly right-of-way North 71 degrees 43 minutes 00 seconds West, 150.00 feet to a point; thence South II degrees 12 minutes 00 seconds West, 36. 99feet to a point; thence North 84 degrees 57 minutes 00 seconds West, 631.66 feet to a point on said westerly Land Lot Line; thence along said westerly Land Lot Line North 00 degrees 29 minutes 00 seconds West, 202.55 feet to a point; said point being the POINT OF BEGINNING; ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 1 77 Acres 5.13 2005-23 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 September 6, 2005 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and - NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A." BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. day of A. Max Bacon, Mayor ~ ' / ~hAO.Yl~ Susa D. HIOtt, City Clerk City of Smyrna - ~ Scott A. ochran, City Attorney City of Smyrna '\t Ordinance # 2005-23 Exhibit "A" Property Line Description Tract II All that tract or parcel of land lying and being in Land Lot 177 of the 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the northwest corner of Land Lot 177; said point being the point of beginning; thence along the northerly land lot line of Land Lot 177 North 89 degrees 31 minutes 00 seconds East, 818.54 feet to a point; thence leaving said northerly land lot line South 40 degrees 20 minutes 36 seconds East, 294.74 feet to a point on the northwesterly right of way of Oak dale Road; thence along said northwesterly right of way South 51 degrees 22 minutes 26 seconds West, 125.70 feet to a point; thence leaving said northwesterly right of way North 82 degrees 32 minutes 00 seconds West, 917.40 feet to a point on the westerly land lot line of Land Lot 177; thence along said westerly land lot line North 00 degrees 29 minutes 00 seconds West, 177.00 feet to a point; ~ said point being the POINT OF BEGINNING; said tract or parcel containing 5.13 Acres -.,. ORDINANCE No. 2005-16 ~. AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A-ZONING, ARTICLE VII, USE PROVISIONS, SECTIONS 709.7, 711.13, 712.22 AND 712.44, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTIONS TO INCLUDE PROVISIONS FOR REGULATION OF OUTSIDE STORAGE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A-Zoning, Article VII, Use Provisions, Sections 709.7, 711.13,712.22 and 712.44, City of Smyrna, Georgia, be amended to read as follows: See 709.7 Limited retail sales. The following uses area permitted provided the limited retail sales establishment does not exceed 1200 square feet of floor area and the outside display, storage or sale of merchandise is limited to an area which is; within a display area enclosed on all sides by a 6' high wall, under a building overhang/canopy or located no greater than five feet from the exterior building wall. '-" (1) Arts and crafts shops. (2) Antique shops. (3) Gift shops. (4) Bridal shops. (5) Boutique shops. See 711.13 Retail establishments, including art, antique, apparel, appliance, book, camera, clothing department, drug, fabric, florist, food, furniture, garden supply, general merchandise, hardware, hobby, jewelry, music, notion, photographic supply, shoe, sporting goods, stationery and toy stores, but not excluding similar retail establishments. The size of any retail establishment shall be limited to 5,000 square feet of floor area. Any manufacturing incidental to the retail business or service shall be limited to occupying 20 percent or less of the total floor area. The outside display, storage or sale of merchandise shall be limited to an area which is; within a display area enclosed on all sides by a 6' high wall, under a building overhang/canopy or located no greater than five feet from the exterior building wall. See 712.22 Lumber, hardware and other building material establishments, provided that the outside display, storage or sale of merchandise shall be limited to an area which is; within a display area enclosed on all sides by a 6' high wall or fence, under a building overhang/canopy or located no greater than five feet from the exterior building wall. ~ See 712.44 Retail uses, provided that the making of products sold at retail on the premises is incidental to the retail business and does not occupy more than 30 percent of the total floor area of the establishment and the outside display, storage or sale of merchandise shall be limited to an area which is; within a display area enclosed on all sides by a 6' high wall, under a building overhang/canopy or located no greater than five feet from the exterior building wall. ~ ......,. ~ ORDINANCE No. 2005-16 All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 6th day of September, 2005. Attest: /~~ A. Max Bacon, Mayor I uWt/fl j), >1~ S san D. Hiott, City Clerk . ty of Smyrna Approved as to form: u--------- Scott A. Cochran, City Attorney ~eq~opterl October 17, 2005 2