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10032005 October 3, 2005 October 3, 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: Mayor Bacon stated that agenda item 4 B (Rezoning Request Z05-0 16 - R-15 to RAD Conditional - 1.98 Acre Tract - 1102 Bank Street - Pritchard Properties, LLCO will be tabled until the December 5, 2005 council meeting. MAYOR'S REPORT: Mayor Bacon recognized Mr. Don Whitney and Ms. Stephanie McCartt from the U.S. 10K Classic organization, and Mr. Whitney thanked the City's officials for their efforts on behalf of the citizens of this community. Ms. McCartt thanked the City's officials and citizens for their continuing support of the U.S. lOK Classic event, and provided details to those present concerning statistics pertaining to the event and funds raised for charitable purposes by the U.S. 10K Classic this year. Ms. McCartt presented a plaque to the City's officials and staff in appreciation of their assistance with this event. Mayor Bacon thanked Mr. Whitney and Ms. McCartt, and commented favorably on the U.S. 10K Classic event. - Mayor Bacon recognized Principal Lynne Hutnik and Mr. Curtis Tention from Campbell Middle School (CMS), and students from CMS made a presentation of this month's character education words. LAND ISSUES/ZONING/ANNEXA nON: (A) Rezoning and Annexation - Lois Street and Main Street - Pritchard Properties, LLC (1) Public Hearing - Rezoning Request Z05-015 - GC (City) and R-20 (County) to RAD Conditional - 1.38 Acre Tract - Lois Street and Main Street - Pritchard Properties, LLC Mr. Wright stated the applicant proposes to rezone the subject property for construction of eleven single-family residences at a density of 7.97 units per acre. Mr. Wright stated a portion of the subject tract is presently in unincorporated Cobb County and an annexation application is associated with this rezoning. Mr. Wright stated the Planning and Zoning Board (PZB) voted in opposition to this rezoning request, and that staff recommends approval for eight units 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 numerous persons by Mr. Cochran. Council Member Lnenicka recognized Mr. Frank Pritchard, and asked Mr. Pritchard to provide details to those present concerning the need for the requested rezoning. Mr. Pritchard stated - October 3,2005 2 the subject property currently contains a commercially-zoned component comprising about 40% ofthe total land. Mr. Pritchard stated the two parcels presently in unincorporated Cobb County are zoned R-20. Mr. Pritchard stated an opportunity exists to build a single-family, detached housing buffer on the subject tract between existing commercial and medium-density residential properties. Mr. Pritchard stated permission to build eleven houses on the subject tract is being requested because of the high cost of commercially-zoned property. Mr. Pritchard stated the proposed plans for the subject property call for rear-entry garages and a one-way access street. Mr. Pritchard stated the architectural designs proposed for this project are similar to those seen in Parkview Village. Mr. Pritchard provided details to those present concerning the layout and features of the planned houses. Mr. Pritchard stated the plans call for houses comprising a minimum of 2, 1 00 s.f with optional second storey plans which can expand the square footage to about 3,000 s.f. Mr. Pritchard showed graphic representations depicting elevations ofthe proposed houses to the present officials. Mr. Pritchard stated that, by responding to interest in housing for mature residents and other ideas expressed by council members during development meetings held this year, he believes he has created a plan for houses at the subject location which can address the needs of mature occupants. Mr. Pritchard stated the planned houses will feature master bedrooms on the ground level and features for facilitating future wheelchair access and other aids. Mr. Pritchard stated steps have been taken to address concerns expressed by the PZB members in connection with this rezoning plan. Mr. Pritchard stated Pritchard Properties, LLC (PPLC) accepts the City's requirement for a 5' right-of-way (ROW) dedication. Mr. Pritchard provided details to those present concerning an agreement which will allow a fence to be erected between the proposed development and an adjacent property. Mr. Pritchard stated that plans for subsurface storm water detention measures have been made for the proposed development to provide space for additional parking. Mr. Pritchard stated PPLC accepts the City's stipulations for the requested rezoning in accordance with information set forth in letters from Pritchard Brothers, Inc. dated July 21,2005, August 8, 2005, September 9,2005 and September 26,2005 (Clerk's Note: Copies ofthe referenced letters are appended hereto as Exhibit A). Council Member Lnenicka asked Mr. Pritchard if PPLC is agreeable to the standard conditions and special conditions of the requested rezoning as formulated by City staff, and Mr. Pritchard answered in the affirmative. Council Member Lnenicka read the special conditions into the record as follows: - - Special Conditions 14. The development shall maintain the following setbacks: Front - 15' (as measured from the existing right-of-way) Side - 0' (Minimum 10' Between Houses) 10' (Exterior) Rear - 20' 15. Driveway - 20' minimum length from building face to private driveway, with a length of 22' where possible. 16. The minimum floor area of each residence shall be 1,750 square feet with at least one bedroom and full bath required on the first floor. 17. The right-of-ways along Main Street and Lois Street shall be increased to 50 feet to match other residential road right-of-ways. Therefore a dedication of 10 feet is required on each right-of-way. 18. Homes on Lot 1 and 11 shall employ architectural features on the side elevations facing the private drive and Main Street so that they mirror the front elevations. - October 3. 2005 3 19. No outside storage shall be permitted, with the exception of firewood and lawn furnishings, or as otherwise prohibited in the protective covenants. - 20. Units shall be marketed to those persons age 55 and older as defined by the Fair Housing Act as may be amended from time to time. 21. The development should incorporate applicable accessibility and "easy living" standards to include at least one full bath with ample maneuvering space, and one step less entrance at either the front of the home or through the garage. 22. Each unit must be protected by a fire sprinkler system. 23. The mandatory homeowners association must include rules that regulate and control the following: Each unit shall have a two-car garage. Garages are restricted to vehicle parking only. No more than 10% of the total units may be leased by individual owners at a time and for no term less than one year in duration. 24. Any vacant residences shall be boarded-up within 30 days after approval of the rezoning. These same vacant buildings shall be demolished within 60 days after the zoning is approved. 25. The developer shall have the option to utilize the adjacent landscape buffer area as a location for any required on-site landscaping. - 26. The required sidewalk may be installed on the east side of Lois Street by the developer in lieu of a sidewalk adjacent to the development to connect the existing sidewalk along Lois Point with Main Street. At Council Member Lnenicka's request, Mr. Pritchard provided details to those present concerning exterior and interior finish materials planned for the proposed structures and the common area proposed for this project. Mr. Pritchard stated the plans for the subject property originally called for twelve houses. Mr. Pritchard stated that meetings with City officials and staff revealed that availability of a common area for the development would be beneficial for the residents, so one of the proposed units was eliminated and replaced with plans for a park area with a gazebo. Mr. Pritchard stated further modifications have resulted in a plan for a subsurface retention pond to be built in the common area. Council Member Lnenicka asked Mr. Pritchard if he believes the proposed houses can be sufficiently buffered from the commercial and office developments on the west side ofthe subject property, and Mr. Pritchard answered in the affirmative. Council Member Lnenicka asked Mr. Pritchard what the selling prices of the proposed houses will be, and Mr. Pritchard stated the houses will be priced from around $425,000 to $450,000 each. At Council Member Lnenicka's request, Mr. Miller provided additional information and responded to questions regarding the special stipulations of this rezoning request. Mayor Bacon recognized Mr. Bradley Fulkerson, representing Carter and Associates, and Mr. Fulkerson provided details to those present regarding the commercial development on the property adjacent to the subject tract. Mr. Fulkerson stated the proposal by PPLC under consideration at this meeting is consistent with the quality of other new development in the affected area. - October 3, 2005 4 Mayor Bacon recognized Mr. Scott Moore, representing Humphries and Company, and Mr. Moore expressed the view that the proposal by PPLC under consideration at this meeting would be a positive addition and an improvement to the subject area. - Mayor Bacon recognized Mr. Doug Smith, and Mr. Smith expressed support for this rezoning request. Mayor Bacon recognized Ms. Mary Rose Barnes, and Ms. Barnes commented favorably on Mr. Pritchard and PPLC. Ms. Barnes expressed concern about the proposed density of the planned development. Ms. Barnes expressed the view that the development plan may not include adequate space for ROW, driveways and setbacks. Ms. Barnes expressed the view that subsurface water detention structures may be prone to contamination if not properly constructed. Ms. Barnes requested that the density of the proposed development be reduced and that additional distance between the proposed structures be required. Mayor Bacon recognized Ms. Marcel Simonette, and Ms. Simonette commented favorably on Mr. Pritchard's character and professionalism. Council Member Lnenicka asked Mr. Pritchard ifPPLC is agreeable to the standard conditions ofthe requested rezoning as formulated by City staff, and Mr. Pritchard answered in the affirmative. Council Member Lnenicka reviewed the special stipulations with Mr. Pritchard to clarify the language to be used in the stipulations. Council Member Lnenicka stated he received a number of e-mails and messages from citizens expressing support for the proposed rezoning and redevelopment. Council Member Lnenicka asked Mr. Pritchard ifhe is agreeable to the stipulations worded in the fashion as presented at this meeting, and Mr. Pritchard answered in the affirmative. Council Member Lnenicka commented favorably on Mr. Pritchard and the projects he has completed in the City to date. - (2) Annexation Request -.828 Acre Tract - Land Lot 677, Parcels 1 & 2, 1 ih District, 2nd Section, Cobb County - 4544 Lois Street - Brian Bennett and Stephen Pritchard Mr. Wright stated the city engineer has reviewed the boundary survey of the subject property and has identified no issues with the proposed annexation. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Lnenicka made a motion to approve the annexation of an .828 acre tract in Land Lot 677, Parcels 1 and 2, 1 ih District, 2nd Section, Cobb County at 4544 Lois Street for Brian Bennett and Stephen Pritchard to become a part of Ward 6 with an effective date of November 1,2005. The motion was seconded by Council Member Wood. Motion was approved 6 - I with Council Member Smith in opposition. (3) Final Vote - Rezoning Request Z05-015 - GC (City) and R-20 (County) to RAD Conditional- 1.38 Acre Tract - Lois Street and Main Street - Pritchard Properties, LLC MOTION: Council Member Lnenicka made a motion to approve Rezoning Request Z05-0 15 from GC (City) and R-20 (County) to RAD Conditional for a 1.38 acre tract on Lois Street and Main Street for Pritchard Properties, LLC subject to the amended stipulations as read and discussed and agreed to by the applicant. The motion was seconded by Council Member Wood. - October 3,2005 5 - Council Member McNabb commended Mr. Pritchard for the work he has done on this project to date. Council Member McNabb stated he is concerned about visitor parking in a development with high density such as the one presently under consideration. Council Member McNabb expressed the view that Mr. Pritchard should consider building some visitor parking spaces on the common area. Council Member McNabb expressed concerns about the fact that there is no plan for landscaping maintenance for the proposed development. Council Member McNabb stated a development planned for active adult living should have a homeowners association (HOA) charged with the responsibility of landscape maintenance. Council Member McNabb expressed concerns about the affordability of the proposed houses for senior citizens. Council Member McNabb stated that, his expressed reservations notwithstanding, he will support the motion. Council Member Newcomb expressed concern about the density of the proposed development. Council Member Newcomb stated the fact that the residential use as proposed is a less intense usage for the subject property than a commercial use which could possibly be located there makes this rezoning more acceptable. Council Member Newcomb stated the property use as proposed for a detached housing product is more desirable than a townhouse development. Council Member Newcomb expressed the view that Mr. Pritchard has clearly indicated in previous correspondence that the proposed development is not intended to be marketed exclusively to senior citizens. Council Member Newcomb stated he will support the motion. Motion was approved 6 - 1 with Council Member Smith in opposition. (B) Public Hearing - Rezoning Request Z05-016 - R-15 to RAD Conditional- 1.98 Acre Tract - 1102 Bank Street - Pritchard Properties, LLC Mayor Bacon asked if there is anyone present in relation to this rezoning request, and there was no response. - MOTION: Council Member Scoggins made a motion to table Rezoning Request Z05-016 from R-15 to RAD Conditional for a 1.98 acre tract at 1102 Bank Street for Pritchard Properties, LLC until the December 5, 2005 council meeting. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (C) Public Hearing - Rezoning Request Z05-0 17 - RTD & RM-l 0 to RAD Conditional - 2.24 Acre Tract - 1580, 1586, 1592, 1598 and 1619 Walker Street - Gallagher and Junger Homes Mr. Wright stated the applicant is proposing to build 10 detached residences on the subject property at an overall density of 4.46 units per acre. Mr. Wright stated that the housing units which currently exist on the property will be replaced by the new construction. Mr. Wright stated the PZB has recommended approval of the rezoning request, and that staff also recommends approval of 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 a number of persons by Mr. Cochran. - Council Member Scoggins recognized Messrs. Gallagher and Junger, and Mr. Gallagher provided details to those present concerning their plans for the subject property. Council Member Scoggins asked Mr. Gallagher what the projected selling prices of the planned houses will be. Mr. Gallagher stated that five duplex structures are presently on the subject property, and that Gallagher and Junger Homes (GJH) plans to demolish these old structures and replace them with 10 new detached single-family houses. Mr. Gallagher stated the new houses will range in size October 3, 2005 6 from 2,900 s.f. to over 3,000 s.f. Mr. Gallagher provided details to the present officials regarding the team of professionals GJH has engaged for work on this project. Mr. Gallagher stated the selling prices ofthe proposed houses will range from around $500,000 to over $600,000 each. Mr. Gallagher stated the new houses will feature a variety of exterior finish materials and rear- entry two-car garages. Mr. Gallagher stated oak trees will be planted in the area of the new development. Council Member Smith asked if it is correct that a water detention structure will be located on house lots 1 A and 2 A of the new development, and Mr. Gallagher answered in the affirmative. Council Member Smith asked if it would be possible to locate the water detention structure on a separate lot where it will not be on a private residential property, and Mr. Gallagher stated he does not believe such an alternative arrangement will be possible. Council Member Smith expressed concerns about the water detention structure possibly becoming problematic to the affected homeowner in the future. Mr. Gallagher stated GJH products are warranted and that coverage for detention structures is the same as that of houses. Council Member Smith asked if the new development will have an HOA, and Mr. Gallagher said no. Council Member Smith stated the standard stipulations call for establishment of an HOA. Council Member Smith asked if responsibility for maintaining the water detention structures will be assigned to the HOA if an HOA is established for the development, and Mr. Gallagher answered in the affirmative. Council Member Smith asked if GJH will agree to the establishment of an HOA for the development, and Mr. Gallagher answered in the affirmative. At Council Member Scoggins' request, Mr. Miller read the stipulations of the rezoning to those present: - Standard Conditions (Requirement #2,8,9, and 17 from Section 1201 of the Zoning Code is not applicable) 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. - 2. There shall be protective covenants with a mandatory homeowners association on all lots. These protective covenants shall be supplied to the City prior to the issuance of a building permit. 3. The 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 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 20% 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 - October 3, 2005 7 7. 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. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. No debris may be buried on any lot or common area. - 8. 9. 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-cutofflighting". 1 O. The developer will comply with the City's current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the developer during construction. 11. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 12. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 13. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or three 4" caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. Special Conditions - 14. The development shall maintain the following setbacks: Front - 15' Side -7.5' (Interior) with a minimum of 15' between buildings 10' (Exterior) Rear - 25' 15. Driveway - 22' minimum length from building face to private driveway. 16. Pavement width on private driveway shall be 20 feet. 17. The right-of-ways along Wright Street, Walker Street, and Matthews Street shall be increased to 48 feet to match other residential road right-of-ways. Therefore a dedication of 10 feet is required. 18. A stormwater inlet shall be installed on the northwest corner of Wright Street and Spring Street, and piping shall be installed from the inlet west along Spring Street for approximately 200 feet to the creek. All plans to be reviewed and approved by the City Engineer. 19. Homes on corner lots adjoining two public right-of-ways shall employ architectural features on the side elevations facing the public-right-of-way that mirror the front elevations. - 20. A minimum of two of the houses will feature a master bedroom on the ground floor. October 3, 2005 8 21. All structures will be built to a maximum height of 35' as measured from the sidewalk along the front elevation. Council Member Lnenicka asked if GJH is agreeable to the stipulations as read by Mr. Miller. Mr. Gallagher stated a distance of 48' for the ROW described in stipulation #17 may be more practicable than the 50' as recommended by staff, and Mr. Miller indicated this adjustment would be acceptable. Council Member Lnenicka asked ifGJH is agreeable to the stipulations as read by Mr. Miller with amendment as discussed, and Mr. Gallagher answered in the affirmative. Council Member McNabb asked GJH to consider an HOA covenant requiring the use of the garages in the development to be restricted to vehicle parking. Council Member McNabb stated that if such a restriction is not acceptable, then he would ask that visitor parking be provided in the space below the driveway. Council Member McNabb stated the streets in the subject area are narrow, and that a large number of vehicles parked in the streets there will obstruct traffic. Mr. Gallagher stated that addition of a covenant as described by Council Member McNabb to the HOA regulations for the development will be acceptable. - Council Member Lnenicka recognized Mr. Lemuel Ward, residing at 1496 Spring Street, and Mr. Ward expressed concerns about existing houses on Walker Street built with high basements or crawl spaces which he believes have overall heights that are correspondingly excessive. Mr. Ward stated he would like to see a stipulation applied to the rezoning under consideration which would limit the height of slabs or crawl spaces for the new structures to no more than 36" to 48" to prevent the construction of excessively tall buildings. Mr. Ward stated he would also like for GJH to consider configuring at least some of the new dwellings with a master bedroom on the main floor. Mr. Ward expressed the view that houses of that type may attract long-term residents to the community. Mayor Bacon recognized Mr. William Stafano, residing at 1606 Walker Street, and Mr. Stafano stated there are hundreds of cars parked on Walker Street which he believes are a traffic obstruction. Mr. Stafano stated that there are rental properties in the subject area which are not properly maintained by their respective owners. Mr. Stafano commented favorably on the City's redevelopment efforts, and expressed the view that substandard rental properties should not be allowed in the City. - Mayor Bacon recognized Ms. Casey Clavin, residing on Roswell Street, and Ms. Clavin expressed views regarding the type of exterior finishes and design elements planned for the new houses. Ms. Clavin expressed concerns about the loss of older trees in the subject area. Ms. Clavin stated she would like to see larger caliper trees planted in the proposed development. Mayor Bacon asked ifGJH would accept a prohibition of parking on Walker Street, and Mr. Junger answered in the affirmative. Council Member McNabb expressed the view that the development plan as presented will discourage parking in the street because the trees to be planted will be between the street and the sidewalk. Council Member Smith asked Mr. Miller if it would be possible to require the developer to install some parallel parking spaces in the development. Mr. Miller stated if the applicant agrees to a requirement of this type, then staff would have no objection. Council Member Smith asked Mr. Miller if he has any objections to four-sided architectural surface. Mr. Miller stated the stipulations prohibit the exclusive use of horizontal siding on any elevation. Mr. Miller stated this requirement has been instituted in response to concerns from council members regarding monotonous streetscapes of identical structures. Mr. Junger stated the present development plan includes provisions for some auxiliary parking spaces. Council Member Pritchett stated the City's staff is efficient, and that they have already reviewed this rezoning proposal in detail. Council Member Pritchett stated she is - October 3,2005 9 troubled by the fact that there are streets in the City which are posted with no parking signs and yet people have attested to the fact that parking in the streets is a widespread problem. - Mayor Bacon recognized Mr. Victor Koch, and Mr. Koch stated the ordinance states building heights should no higher than 35.' Mr. Gallagher stated GJH will conform to the City code of ordinances in regard to building heights. Mr. Gallagher stated he respectfully declines to agree to a stipulation requiring the planting of any 8" caliper trees. Mr. Gallagher stated he believes plantings of this size are not feasible. Mr. Miller stated the guidelines for planting of trees in developments are set forth in the City tree ordinance. Council Member Scoggins stated the Lexington Trace subdivision has a regulation prohibiting parking on the streets in that area. Council Member Scoggins stated that parking problems at that location have been a matter of contention for many years, and that there are parking problems throughout the city. Council Member Smith stated that the existence of a restrictive covenant disallowing parking on the streets of the proposed development would allow the residents to decide for themselves whether or not to try to enforce the prohibition. Mayor Bacon stated the subject area currently contains dwellings in deteriorated condition, and that the proposed redevelopment would be a positive change. - MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z05-017 from RTD & RM-lO to RAD Conditional for a 2.24 acre tract at 1580, 1586, 1592, 1598 and 1619 Walker Street for Gallagher and Junger Homes subject to stipulations as discussed and agreed to by the applicant and City staff. The motion was seconded by Council Member Pritchett. At Council Member Newcomb's request, Council Member Scoggins recapitulated the amendments to the stipulations of the rezoning request. MOTION: Council Member Newcomb made a motion to amend the initial motion in order to eliminate any references to restrictions on the use of garages. The motion was seconded by Council Member Pritchett. Council Member Lnenicka asked if the motion to amend the initial motion pertains to garages only, and Council Member Newcomb answered in the affirmative. Council Member Lnenicka stated he supports the motion. Council Member Lnenicka stated he believes other means exist to address the issue of parking in streets. Council Member Smith stated the lots of the planned development are limited in size, and that limited lot sizes can create a lack of adequate parking area. Council Member Smith stated that, for this reason, he would consider restrictions on the use of garages. Motion to amend the initial motion was approved 5 - 2, with Council Members McNabb and Smith in opposition. Motion as amended to approve the rezoning request was approved 7 - O. (D) Public Hearing - Rezoning Request Z05-0 18 - 01 to GC - 2.19 Acre Tract - 2720 South Cobb Drive - Capital Retail Holdings, LLC Mr. Wright stated the subject property is presently the site of a church. Mr. Wright stated the applicant proposes to rezone the property in order to build a retail strip center there which will include a gasoline station. Mr. Wright stated the PZB voted to deny the rezoning request, and staff also recommends that the request be denied. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - October 3, 2005 10 Council Member Smith recognized Mr. Garvis Sams, an attorney representing the applicant and the property owner, and asked Mr. Sams to provide details to those present concerning the applicant's plans for the subject property. Mr. Sams stated the site plan for the proposed project has been revised and that a letter containing a list of stipulations to which the applicant is agreeable to has been furnished to the City. Mr. Sams stated revised architectural elevation illustrations for the proposed project have also been submitted for inspection by City staff and officials. Mr. Sams distributed supplementary materials to the present officials which he explained includes engineering information, information on the proposed construction company, photographs depicting the convenience store planned for the subject location and illustrations of state-of-the-art fuel dispensers planned for use at the convenience store. Mr. Sams stated the subject property is in an area denominated on the future land use map as community activity center which contemplates a commercial utilization. Mr. Sams stated the subject property, which is presently zoned office and institutional, is one of the few properties on the South Cobb Drive corridor which is not being used for commercial purposes. Mr. Sams stated that because the subject property is in a community activity center land use zone, it is properly positioned for rezoning to a commercial classification. Mr. Sams stated the church building on the subject property is believed to have been built about 40 years ago, and that the congregation presently meeting at this location would like to move to another property to accommodate the growth that Union Baptist Church (UBe) has experienced over the years. Mr. Sams stated that UBC has entered into a contract for another church site contingent upon this rezoning. Mr. Sams stated that previous attempts by UBC to sell the subject property have been unsuccessful as there appears to be limited interest in properties with OJ zoning. Mr. Sams provided details to those present concerning some of the other types of businesses which are expected to locate to the proposed retail facility. Mr. Sams provided details to those present concerning architectural styles, design elements, landscaping, lighting and signs for the proposed retail development. Mr. Sams stated a business owners association (BOA) comprised of tenants of the proposed retail development will be organized and charged with the responsibility of maintaining the signs, lighting, landscaping and irrigation for the shopping center. Mr. Sams stated that dumpsters at the subject location will be screened from view. Mr. Sams read a list of prohibited uses for the proposed retail facility to which the applicant is willing to stipulate. Mr. Sams read to those present a list of engineering and design features which the applicant is willing to agree to as conditions of the requested rezoning. Mr. Sams provided details to those present concerning the types of plants and design features which will be included in the landscape plan for the proposed development. Mr. Sams expressed the view that the proposal as presented represents an opportunity for the City to bring some quality retail establishments to the subject area. Mr. Sams stated that some national chain restaurants have expressed interest in locating an outlet at the proposed retail development. Mr. Sams stated that general commercial is a perfectly appropriate zoning classification for an area with a community activity center future land use designation. Mr. Sams stated that the applicant has talked to owners of other businesses in the subject area. Council Member Smith asked Mr. Sams ifthe applicant has spoken with the owners of adjacent property in connection with possible plans for expanding the size of the development, and Mr. Sams answered in the affirmative. Council Member Lnenicka asked Mr. Sams if the applicant would consider adding some additional prohibited uses for the subject property to the list set forth in the letter from Sams, Larkin and Huff dated September 22, 2005, e.g., title pawn businesses, check cashing establishments, nail salons, and DUI schools. Mr. Sams stated that, because the applicant's intent is to have only nationally-oriented retailers at the new retail development, the addition of some other types of businesses to the list of those to be disallowed at the subject location as a condition of zoning would be acceptable. Council Member Lnenicka asked Mr. Sams if the owner of the subject property has attempted to sell it for possible residential development or to another church congregation. Mr. Sams indicated that selling the property to another church organization has been considered, but that no effort has been made to market the - - - October 3.2005 11 - property for residential purposes. Council Member Lnenicka provided details to Mr. Sams concerning a GC zoned property on South Cobb Drive which was recently rezoned for medium density residential development and other properties which were similarly rezoned and redeveloped. Council Member Lnenicka asked Mr. Sams if he believes that residential development might be a reasonable use for the subject property. Mr. Sams stated the subject tract is about 2.2 acres in size, and that the depth of the subject tract is another potentially limiting factor when contemplating the best use for the property. Mr. Sams stated that the subject property is in an area designated as community activity center on the future land use map, and that in his view this site does not lend itself to residential development. Council Member Lnenicka provided details to those present concerning the underutilized retail space which currently exists in the City. Council Member Lnenicka asked Mr. Sams why he believes that development of additional retail space will benefit the City and why he believes this proposed development will succeed when others have failed. Mr. Sams stated he believes the consultant's study conducted for the City focused on secondary tier and tertiary tier retail development. Mr. Sams stated he believes this study indicated that the City needs upscale retail development along commercial corridors. Mr. Sams stated he is certain that the study did not stand for the proposition that the City should aim to make South Cobb Drive into a residential corridor. Mr. Sams stated that the level of assurances provided to the City in relation to this rezoning request is embodied in the stipulations which have been self-imposed and agreed to by the applicant. Mr. Sams stated the applicant has pledged to utilize the best methods and professional personnel to ensure that a retail development is created which will stand the test of time. Council Member Lnenicka asked Mr. Sams if it is actually known which clients will lease space at the development and if any lease agreements have actually been executed. Mr. Sams stated that leases are not typically signed for a property until appropriate zoning is obtained. Council Member Lnenicka asked Mr. Sams if any retailers will plan to relocate their establishments to this proposed facility from other retail spaces in the South Cobb Drive area, and Mr. Sams indicated he does not know the answer to that question. Council Member Lnenicka commented on the submitted architectural renderings for the proposed retail facility, and asked Mr. Sams if some changes could be made to these architectural designs to give them a more distinctive appearance. Mr. Sams expressed the view that the architectural plan as proposed compares favorably with similar facilities in the surrounding area. Council Member Smith asked Mr. Sams what will prevent the proposed retail development from declining in overall quality over a period of time. Mr. Sams stated the property management company for the project negotiates leases which help retain tenants. Council Member Smith asked Mr. Miller if there any other approved business uses for GC zoning which should be added to the applicant's list of voluntary exclusions, and Mr. Miller said no. At Council Member Smith's request, Mr. Miller provided details to those present regarding the staff recommendation that this rezoning request be denied. Mr. Miller stated the proposed site plan has been improved since it was initially submitted, but that concerns remain regarding the subject property's current zoning. Mr. Miller stated the present 01 zoning is a commercial zoning, and provided examples of the types of businesses and professional facilities which could be located there. Mr. Miller stated that, according to the consultant's study, the City presently has an abundance of commercial space. Mr. Miller provided a number of examples of vacant commercial properties in the vicinity to those present. Mr. Miller stated there are other commercial properties in the area which have marginal uses. Council Member Pritchett asked Mr. Miller if there are any other retail facilities in the City which presently have a mandatory BOA such as the one described by Mr. Sams. Mr. Miller stated he is not certain whether of not the individual spaces at the proposed retail facility will be tenant owned. Council Member Pritchett commented favorably on the concept of a BOA. Mr. Miller stated it is not unusual for a shopping center to have a master association which controls different portions of the facility. Council Member Pritchett asked Mr. Miller ifhe considers a BOA to be potentially beneficial to a facility such as the one proposed. Mr. Miller stated that for a large facility it is desirable to have - - October 3, 2005 12 an ownership agreement in place for the different parcel owners. Mr. Miller stated it is unusual for a dry cleaning business to own its own space. Mr. Sams stated the subject property will be owned by an entity which will lease spaces to individual business owners. Mr. Sams stated the BOA as proposed will be a mandatory association for the business owners at the proposed retail facility. Mr. Sams stated that the BOA will not only be responsible for common areas, but will also work to maintain signs, lighting, landscaping, walkways, trash receptacles and dumpsters. Council Member McNabb stated that reference has been made to quality design elements for the proposed retail facility such as granite countertops, but there is nothing in the stipulations to indicate that installation of such features will be mandatory. Mr. Sams stated he will be willing to stipulate to a requirement for granite countertops for the convenience store planned for the proposed facility. Mr. Sams stated he will incorporate by reference in his presentation at this meeting that the photographs provided to the present officials are representative of the type of facility that can be expected at the subject location if the rezoning is approved. Council Member McNabb indicated that this will be acceptable. Council Member Pritchett commented favorably about the state-of-the-art fuel dispensers planned for the proposed retail facility. Council Member Pritchett asked Mr. Sams if such late-model fuel dispensers are presently in use at any other location in Georgia, and Mr. Sams stated he does not believe they are. Mr. Sams stated he believes the new fuel dispensers and convenience store design will be tested in this market. Council Member Smith stated there appears to be no provisions in place for requiring the proposed BOA to be maintained. Mr. Sams stated the applicant is willing to accept a condition of rezoning requiring a third-party management company to manage the regular operations of the BOA to ensure it is operational and charged with its expected duties. Council Member Smith stated he is concerned that the City may not be able to enforce a stipulation requiring a BOA, and Mr. Sams expressed the view that such a condition may be enforced if it is a condition of rezoning. Mr. Cochran state he agrees with Mr. Sams' opinion. Mr. Cochran stated the City can enforce a stipulation requiring a BOA just as it can enforce any other zoning stipulation. Mr. Cochran stated that any violation of such a stipulation would be brought before the City court. Council Member Smith expressed reservations about the large amount of glass shown in the architectural depictions, the potentially limited uses for the small dry cleaning shop should that space become vacant, and the location of numerous other businesses in proximity to a convenience store and gasoline station. Council Member Newcomb stated that the City has a study conducted by a consulting firm which indicates that there is already too much retail space in the City. Council Member Newcomb expressed the view that the presence of the church on the subject property results in a better admixture of property uses in that area. Council Member Newcomb stated he believes the City should refrain from further extirpation of every property usage except retail along Smyrna's major corridors. Council Member Pritchett expressed the belief that quality neighborhood facilities are needed in the City. Council Member Pritchett stated she believes retail development on a parcel of land slightly larger than two acres will not be a detriment to this area. Council Member Pritchett stated she believes a quality retail development in the subject area could be a catalyst for positive change, and that such an impetus is needed there. - - MOTION: Council Member Smith made a motion to deny Rezoning Request Z05-018 from OJ to GC for a 2.19 acre tract at 2720 South Cobb Drive for Capital Retail Holdings, LLC. The motion was seconded by Council Member Newcomb. Council Member Lnenicka stated he wants DBC to succeed. Council Member Lnenicka stated he found the points made by Mr. Miller and Council Member Newcomb regarding this rezoning proposal to be persuasive. Council Member Lnenicka stated that, although some of the nationally-known businesses which may have an interest in locating to the proposed retail facility are fine organizations, he would not describe them as upscale. Council Member Lnenicka stated - October 3,2005 13 - the architectural depictions submitted by the applicant show what he considers to be an average- looking retail center for average retail uses. Council Member Lnenicka stated he believes an impetus for positive change is needed in the subject area, and that change for the better will start with residential development. Council Member Lnenicka stated he does not think that high-end retailers will locate to Smyrna until the City has the residential base to support them. Council Member Lnenicka stated there was some skepticism expressed regarding earlier plans to convert Atlanta Road into a four-lane route with quality residential development alongside it, but that multi-lane roads with high-quality housing adjacent to them have been evident in east Cobb County for some time. Council Member Lnenicka stated that numerous properties with a variety of zonings along Atlanta Road have been rezoned back to residential uses which created the customer base for what has become the Market Village. Council Member Lnenicka stated he believes this type of desirable redevelopment will continue and spread to other parts of the City. Council Member Lnenicka stated he is not persuaded the subject property is unusable as presently zoned, nor does he believe that the proposed retail facility is the best use for this property. Council Member Lnenicka stated he will support the motion to deny this rezoning request. Motion to deny the rezoning request was approved 6 - 1, with Council Member Pritchett in opposition. (E) Public Hearing - Rezoning Request Z05-022 - LI to R-15 - 4921 Prince Road - City of Smyrna Mr. Wright stated the City is proposing to rezone an owner-occupied single-family property on Prince Road from Light Industrial to R-15. Mr. Wright stated staff recommends approval of the proposed rezoning. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to approve Rezoning Request Z05-022 from LI to R-15 at 4921 Prince Road for the City of Smyrna. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (F) Public Hearing - Rezoning Request Z05-021 - FC to LC - 725 Windy Hill Road - City of Smyrna Mr. Wright stated the City is proposing to rezone a parcel currently utilized as a professional office on Windy Hill Road from Future Commercial to Limited Commercial. Mr. Wright stated staff recommends approval of the rezoning provided the uses on the parcel are restricted to professional offices only. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Smith made a motion to approve Rezoning Request Z05-021 from FC to LC at 725 Windy Hill Road for the City of Smyrna. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (G) Rezoning and Zoning Amendment - 1530 Spring Street - Belmont Development, LLC - (1) Public Hearing - Rezoning Request Z05-027 - R-15 to RAD Conditional- .75 Acre Tract - 1530 Spring Street - Belmont Development, LLC Mr. Wright stated Belmont Development, LLC is seeking to amend the development plan for the October 3, 2005 14 Spring Street Village Unit 5 by adding 0.75 acres to the previously approved 6.134-acre subdivision which was approved on December 6, 2004. Mr. Wright stated the previously approved plan provided for 23 single-family homes at a density of3.75 units per acre. Mr. Wright stated the current request would increase the number of units to 25 and result in - a density of3.80 units per acre. Mr. Wright stated Staff recommends approval of the proposed rezoning with conditions drawn from the original set of conditions associated with the Spring Street Village Unit 5 as well as additional special conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Council Member Scoggins recognized Mr. Hatcher, and Mr. Hatcher stated Belmont Development, LLC (BD) intends to remove a house which currently exists on the subject property and reconfigure the frontage on Spring Street. Mr. Hatcher stated that all the stipulations from the previous rezoning will apply to this plan change. Mayor Bacon recognized Mr. Lemuel Ward, residing at 1496 Spring Street, and Mr. Ward stated that he would like the applicant to stipulate to a requirement for four-sided architectural features so that a side fayade of a house is not displayed along Spring Street. Mr. Ward stated he would also like for the applicant to agree to a stipulation for the curb cut on Spring Street to only serve three of the proposed houses rather than connect all the way to Bernard Lane. Mr. Ward expressed the view that the density of the proposed development is acceptable. MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z05-027 from R-15 to RAD Conditional for a .75 acre tract at 1530 Spring Street for Belmont Development, LLC. The motion was seconded by Council Member Pritchett. Mr. Hatcher asked about stipulations to be applicable to the rezoning, and Mr. Miller stated that the stipulations for the initial rezoning approved on December 6, 2004 will also apply to this rezoning as weIl as requirements for the access on Spring Street to be limited to only three of the new residences and for the house with its side fronting on Spring Street to be built with four-sided architecture. Motion was approved 7 - O. - (2) Public Hearing - Zoning Amendment - Addition of Parcel - Spring Street ViIlage Unit 5 - Belmont Development, LLC Mr. Wright stated this action is to amend the site plan to include the % acre parcel rezoned at this meeting in the Spring Street ViIlage development. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to approve a zoning amendment for addition of a parcel at Spring Street Village Unit 5 for Belmont Development, LLC. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (H) Public Hearing- Approval of New Redevelopment Overlay District Mr. Wright stated that City staff has been working with Cobb County personnel to draft redevelopment overlay district regulations to provide standards for mixed-use developments recommended in the Livable Centers Initiative Study. Mr. Wright stated staff recommends approval of the redevelopment overlay district regulations. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - October 3,2005 15 - Council Member Newcomb stated that the mixed-use development concept is an area of interest which the City has been pursuing. Council Member Newcomb stated that various locations in the City which have been identified as areas possibly suitable for redevelopment are shown on the Zoning Map. Mr. Miller stated that the redevelopment overlay district will include properties which have a mixed use land use category, existing zoning categories such as general commercial, apartment complexes and other uses. Mr. Miller stated that projects expected to be initiated in connection with the tax allocation district make it advisable to have regulations of this type in place. Mr. Miller stated that the regulations may be amended later if necessary before they are actually utilized. Mr. Miller stated the redevelopment overlay district will allow a mixture of uses which are currently not permitted by the existing Zoning Code. Mr. Miller stated that the updated regulations will be geared towards allowing different uses for existing shopping centers such as combinations of retail, residential and office space all on one property. MOTION: Council Member Newcomb made a motion to approve the Redevelopment Overlay District regulations. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (I) Public Hearing - Approval of Updated Zoning Map Mr. Wright stated the proposed zoning map reflects the existing zoning designations depicted on the current zoning map plus any rezonings approved by the City as of July 30,2005. Mr. Wright stated staff recommends approval ofthe zoning map. Council Member Newcomb commented favorably about the GIS-based zoning map. Council Member Newcomb asked Mr. Miller if the zoning map is compatible with PDF format for posting on the City website, and Mr. Miller answered in the affirmative. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka stated that some park properties recently acquired by the City are still identified on the zoning map by the same zoning category which applied to them before their purchase by the City. Council Member Lnenicka stated it may be appropriate to consider rezoning these properties for use as public buildings or public parks. Council Member Lnenicka expressed the view that such rezoning could allow the City, if necessary, to dispose of property in the future zoned for residential use, park use or some other use as opposed to a use such as general commercial. MOTION: Council Member Newcomb made a motion to approve the updated Zoning Map. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (1) Public Hearing - Revision of Sign Ordinance {Ordinance #2005-35} Mr. Wright stated the proposed sign ordinance revision is intended to address issues with the existing regulations. Mr. Wright stated staff recommends tabling this matter until the October 17,2005 council meeting. MOTION: Council Member Lnenicka made a motion to table revision of Sign Ordinance {Ordinance #2005-35} until the October 17,2005 meeting. The motion was seconded by Council Member Newcomb. Motion to table the measure was approved 7 - O. ... PRIVILEGE LICENSE: October 3, 2005 16 There were none. FORMAL BUSINESS: - There was none. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of September 19,2005 Minutes (B) Approval to Surplus Property at Fire Station # 3 After the new Fire Station # 3 was built and occupied, there were some furnishings that remained from the old Fire Station # 3 which will not be needed in the new building. Permission to dispose ofthe property as surplus is requested. (C) Approval of Use of Veterans Memorial for a Benefit Event The City has been contacted by representatives of Naval Air Station Atlanta regarding reservation of the Veterans Memorial and surrounding grounds for a possible "Combined Federal Campaign benefit concert" to be held on (tentative date) Saturday, October 29 (2:00 p.m. to 6:00 p.m.) or an alternative date of Saturday November 5, 2005. Approval of reservation of space is recommended. (D) Approval of Authorization for the mayor to sign Satisfaction and Release Agreement for acceptance of Cobb County funds in lieu of a tax rollback This is in conformity with the Intergovernmental Agreement regarding millage rate within the municipalities in Cobb County, Georgia dated July 29,2004. - Mayor Bacon stated the Satisfaction and Release Agreement for acceptance of Cobb County funds in lieu of a tax rollback is the result of an agreement by the six cities of Cobb County under HB 489 to allow the cities to receive funds in connection with tax equity issues. Mayor Bacon stated the Smyrna city council unanimously supported a millage rate reduction instead of a lump sum settlement as this was believed to be in the best interests of Smyrna's citizens. Mayor Bacon stated the State attorney general ruled against a millage rate rollback and directed the cities to accept a payment to settle tax equity issues. Mayor Bacon stated that Council Member Wood has worked diligently to help effectuate an agreement. Mayor Bacon stated that the issue of tax equity has been a subject of dispute for at least as long as he has been a member of the Smyrna city council. Mayor Bacon stated that at least some of the duplicated payments are being recovered, and that there has been an agreement in principle to set aside these funds to possibly use them for capital improvements or other use determined to be necessary in the near future. Council Member Wood indicated he is gratified by the fact that some settlement of this matter has been finally reached. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. - October 3,2005 17 COMMITTEE REPORTS: Council Member Pritchett yielded the floor with no report. - Council Member Newcomb yielded the floor with no report. Council Member Scoggins yielded the floor with no report. Council Member McNabb yielded the floor with no report. Council Member Smith provided details to those present concerning an upcoming softball game between the elected officials of Cobb County and the Cobb County Chamber of Commerce. Council Member Smith thanked the council members, staff and other members of the community for their thoughtfulness and expressions of condolences after the recent loss of his mother. Council Member Smith stated that the kindness and concern demonstrated by everyone was greatly appreciated by his father and by the other members of his family. .... Council Member Lnenicka stated that the Forest Hills community held a fall festival last weekend and that he and Council Member McNabb served as judges for a chili cooking contest conducted in connection at the festival. Council Member Lnenicka stated that Mayor Bacon was also present at this event and served as ajudge for a dog show conducted there. Council Member Lnenicka commented favorably about the festival. Council Member Lnenicka stated the Cobb County Chamber of Commerce recognized local public safety employees at a function held on the present date, and that the City was represented by Firefighter Kyle O'Brien, Detective Louis Defense, Sgt. Robert Harvey and Detective William Turner. Council Member Lnenicka commended the City's public safety personnel for their service to the community. Council Member Lnenicka congratulated Mr. Bob Fink on his recent retirement from Ridgeview Institute. Council Member Lnenicka commented favorably on Mr. Fink's leadership during his tenure at Ridgeview Institute. Council Member Lnenicka stated he is glad that there is a facility such as Ridgeview Institute in the City. Council Member Lnenicka expressed his condolences on behalf of the City's officials and staff to Council Member Smith for the loss of his mother. Council Member Wood yielded the floor with no report. CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 11 :49 p.m. - October 3, 2005 A. MAX BACON, MAYOR ~~~ ~&cJ.-j CHARLES PETE WOOD, WARD T-\ 18 ... L D. HIOTT, CITY CLERK ~=z., J.J--- RON NEWCOMB, WARD 2 !!JJ2i ?rt{JdJI- MIC AEL McNABB, ARD - - ORDINANCE No. 2005-38 - 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 SECTION 719 REDEVELOPMENT OVERLAY DISTRICT TO INCLUDE PROVISIONS FOR ALLOWING A MIXTURE OF USES ON A SINGLE TRACT INCLUDING RETAIL, RESIDENTIAL AND OFFICE SPACE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A-Zoning, Article VII, Use Provisions, City of Smyrna, Georgia, be amended by the addition of Sec. 719 to read as follows: Sec. 719. Redevelopment Overlay District [ROD). The regulations for the ROD redevelopment overlay district are as follows: - (719.1) Purpose and intent. The ROD is established to provide locations for mixed use development and redevelopment of commercial, office and residential uses which are pedestrian oriented and developed at a community or regional activity center scale and intensity. The district may be overlaid upon the RM- 12, RHR, CBD and GC and zoning districts and either Community Activity Center, High Density Residential or Mixed-Use land use categories. The Mayor and Council has determined that any redevelopment project approved within a ROD shall not establish any type of precedent for land use recommendations or future rezoning proposals outside of the boundaries of the ROD project. Those properties outside of the boundaries of a ROD project must provide uses compatible with other surrounding properties as defined and shown on the City of Smyrna Comprehensive Plan adopted February, 1997. (719.2) Permitted uses. Permitted uses are as follows: - (1) Athletic and health clubs. (2) Automotive parking lots or garages. (3) Banks and financial institutions with automated transfer machines; however, no drive-in establishments are permitted. (4) Clinics, clubs or lodges. (5) Commercial indoor recreation uses. (6) Commercial retail uses. (7) Condominiums. (8) Corporate or administrative office for any permitted uses. (9) Cultural facilities. (10) Eating and drinking establishments. (11) Film developing and printing facilities. (719.3) (719.4) (719.5) (719.6) ORDINANCE No. 2005-38 (12) Hotels. (13) Laundry and dry cleaning pickup establishments. (14) Medical and dental laboratories provided no chemicals are manufactured on-site. (15) Multi family dwelling units. (16) Neighborhood retail uses. (17) Nursery schools and child day care centers. (18) Office service and supply establishments. (19) Parking for vehicles. (20) Photograph studios. (21) Printing, publishing and lithography establishments. (22) Private parks. (23) Professional offices. (24) Single- family dwelling units (attached and detached). (25) Schools (public and private) (26) Studios and supplies. - Lot size and setback requirements. (1) Design of entire project must be consistent with the City's Urban Design Standards as may be amended from time to time. (2) Minimum project area: 5 acres. Smaller tracts may be considered appropriate if within 200 feet of an existing or proposed redevelopment project. - Landscape buffer and screening requirements. Unless otherwise noted within this district's requirements, any property within an ROD which abuts residentially zoned property shall have a minimum twenty-five foot landscaped screening buffer adjacent to all residentially zoned property. Buffers may be included within required setbacks; however, in such case that the required buffer is greater than the required setback, the required buffer shall be adhered to. Additionally, necessary private utilities and access drives may be allowed through, over or across a landscaped buffer. The design of the buffer shall comply with Section 503 of the City's Zoning Code. Building and structure requirements. Maximum building height is 55', unless approved by the Mayor and Council in consultation with the fire chief to insure adequacy of fire protection facilities and services. Parking requirements. See Article IX for paved parking specifications. Parking for non-residential or multifamily uses may be granted a 20% reduction in required parking when parking is shared between adjacent uses within the project. An additional 10% reduction may be administratively approved by the Director of Community Development, or his/her designee. - 2 - (719.7) (719.8) - - ORDINANCE No. 2005-38 Final parking design plans shall be subject to review and approval of the Director of Community Development, or his/her designee. Lighting requirements. Lighting levels shall not exceed .25 footcandles when measured at adjacent residentially zoned properties. There shall be no limitation on lighting levels when adjacent to non-residential properties. Procedures for ROD overlay utilization. As the ROD is overlaid upon an existing zoning district, the project will be reviewed and approved or denied in a streamlined manner. The application of the ROD is not considered a rezoning. Staff will accept applications, then review and recommend approval or denial. A schedule of application submittal deadlines, concept plan review meetings, and projected Council meeting dates will be made available to the public. As the underlying zoning will not change, staff recommendations will be taken to the Mayor and Council on the next available agenda. ROD proposals are required to be posted for a minimum of 15 and a maximum of 45 days prior to the Council meeting. A public hearing will be held at the time the Council reviews and decides each proposal. If the project is denied by the Council, no prejudice period will apply. Further, upon gaining approval of an ROD overlay plan, the applicant maintains the option to develop the property according to the requirements of the underlying zoning. However, ROD approval will be voided if no application for permit approval is received by the City within the first 6 months after final ROD approval. Additionally, the ROD approval will be voided upon expiration of any approved building permits. The following review procedure will apply: (1) Application. Applications for ROD overlay district utilization with an existing zoning will be accepted in the community development department. The application fee is $500.00. (2) Concept plan review. There will be a regularly scheduled ROD review meeting of the city staff scheduled twice monthly. Conceptual approval must be obtained prior to placing the property on a Council agenda. The purpose of the conceptual plan review is: a. Familiarize sponsors of projects with City regulations and the concerns of City departments prior to expenditure for preparation of final development plans. b. Familiarize City representatives with proposed project and provide an opportunity for an exchange of views and ideas on project characteristics that are of concern to the goals of the ROD ordinance. 3 ORDINANCE No. 2005-38 (3) Participants. The City staff to bt: present include at least one representative from the following departments: a. Community Development. - b. Public Works. c. City Engineer. d. Fire Department. (4) Initiation of concept plan review. Concept plan review shall be initiated by the filing of the following items with the appointed representative of the Community Development Department: a. One (1) completed application. Signatures of titleholder and applicant are required. b. Submit one (1) disc containing copies of all documents III either PDF or Word format (as appropriate). c. A copy of the deed that reflects the current owner of the property. If the application consists of several tracts, a deed of each tract is required. - d. A current legal description of the subject property. If the application consists of several tracts, a legal description of each tract is required along with an overall description of the combined tracts. No legal description should include more property than what has been requested for ROD approval. e. A copy of the paid tax receipts (City and County) for the subject property or a statement signed by an official in the Tax Commissioner's Office. f. Submit six (6) full-size scaled plats by a registered engineer, architect, land planner, or land surveyor currently registered in accordance with applicable state laws. Plans must be stamped. The plot plans must show dimensions, adjoining streets with right-of-way (present and proposed), paving widths, the exact size and location of all buildings along with the intended use, buffer areas, parking spaces, lakes, streams, utility easements, limits of lOO-year flood plain, adjoining property owners, - 4 - - - ORDINANCE No. 2005-38 zoning of adjoining property, street address, and distance to the nearest street intersection. g. Sub-division plats must have a legend showing lot density for the total acreage. h. Submit six (6) full-size scaled plans of the Tree Protection Plan. A registered landscape architect must prepare the Tree Protection Plan. The Tree Protection Plan shall meet the City's requirements under Section 106-36 of City Ordinance 2003-8. 1. Provide elevations and floor plans, along with a description of exterior wall coverings and finishes to be used. J. Provide a letter from Smyrna's Public Works Director verifying water and sewer availability and capacity. k. If the property is or will be on a septic tank, contact the Cobb County Health Department. Approval must be obtained prior to the filing of the application for rezoning. 1. A development that exceeds 100,000 net square feet or 75 dwelling units will be required to submit a traffic, water, sewer, and school impact statement with the rezoning application. A development that is less than 100,000 net square feet or 75 dwelling units may be required to submit one or all of the above statements upon request. A final decision, by the Mayor and City Council, may not be made until these statements are received with the ROD application. m. Any office development which exceeds 400,000 gross square feet, commercial development in excess of 300,000 gross square feet, mixed use covering more than 120 acres or exceeding 400,000 gross square feet, industrial proposal in excess of 400 acres, employing 1,600 persons or exceeding 500,000 gross square feet, housing proposal in excess of 400 units, hotel proposal in excess of 400 rooms, or hospital proposals in excess of 300 beds or generating more than 375 peak hour vehicle trips per day, must undergo a Development of Regional Impact (DRI) review. Once a completed rezoning package is received by Smyrna's Community Development Office, an Initial DRI Information 5 (719.9) ORDINANCE No. 2005-38 form will be prepared by the office and submitted to the Atlanta Regional Commission, Georgia Regional Transportation Authority, and Georgia Department of Community Affairs to determine whether or not the proposed development should be processed as a DR!. If the proposed development is determined to be a DRI, then a DRI Review Initiation Request form shall be prepared by Smyrna's Community Development Office and submitted along with any requested information. Final action can be taken by the City until all state agencies have completed their review and comments. - Use limitations. (1) In order to encourage pedestrian oriented mixed use development, traditional lot by lot restrictions such as minimum lot sizes and setbacks shall not apply. Rather, all projects must be consistent with the Concept Plan, as approved by the Council. Additionally, applicants will be required to submit a letter of intent that specifies the types of uses desired within the redevelopment proposal. (2) Development/redevelopment proposals must demonstrate a mixture of residential and non-residential land uses. At least 30% (and no more than 60%) of the proposal's land uses must be non- residential. - (3) Loading and service areas should be located within the interior of the project, or screened through the use of building elements, opaque walls or fences. ( 4) Development/redevelopment proposals must comply with the standards of the City's Tree Preservation Ordinance. These standards may be reduced up to 10% (RDF-Replacement Density Factor) if xeriscaping is implemented. (5) Development/redevelopment proposals must include a property owner's association with bylaws or covenants containing the following . . . . mInImUm prOVIsIons: . Governance of the association by the Georgia Property Owner's Association Act (OCGA 44-3-220 et seq.) or a successor to that Act that grants lien right to the association for maintenance expenses and tax obligations. Responsibility for maintenance of common areas, buffers and recreation areas. Responsibility for insurance and taxes. - . . 6 ORDINANCE No. 2005-38 . Automatic compulsory membership of all property owner and subsequent lot purchasers and their successors; and compulsory assessments. Conditions and timing of transferring control of the association from the developer to the property owners. Guarantee that the association will not be dissolved without advance approval of the City of Smyrna. Restriction of time of commercial deliveries and dumpster pickup. ... . . . (6) In a mixed-use scenario within community activity centers, 15% of the total number of proposed residential units may be rental if connected and integrated with the proposed non-residential uses. Any new rental units must replace existing rental units within a 12 mile radius of the project area at a rate of 1 new rental unit for every 2 existing rental units to be replaced. (719.10) When a development/redevelopment proposal is within a property delineated as community activity center, as shown on the City's Comprehensive Plan, as may be amended from time to time, the maximum FAR shall be 1.75. Residential densities shall range between 12- 24 units per acre. All development/redevelopment proposals must earn a total of 12 points by including a combination of the following features: ... 4 Points - Proposed setbacks that create a contiguous and consistent building edge along a public sidewalk (which exists or is proposed). 3 Points - Surface parking is minimized by the use of a parking deck that is either designed to resemble a building or located behind a building, or surface parking is located adjacent to local streets to enhance pedestrian safety. 1 Point - Public plaza that is integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture. 2 Points - Public plaza that is integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture and includes a significant community gathering place such as a stage, garden, monument or educational feature. 3 Points - Multimodal connections or Transit stop/plaza that are integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture. - 7 ORDINANCE No. 2005-38 2 Points - If 15% of the proposed "for sale" residential units are connected and integrated with proposed non-residential use and considered affordable. For the purpose of this section, affordable shall mean units intended for occupancy (rental or ownership) by household earnings no more than 80% of the Atlanta Metropolitan Statistical Area's (MSA) median household income, as may be adjusted from time to time. Alternatively, 15% of the units may also be designed for seniors and be consistent with the State's "Easy Living Standards". - (719.11) When a development/redevelopment proposal is within a property delineated as mixed-use, as shown on the City's Comprehensive Plan, as may be amended from time to time, the maximum FAR shall be 2.5. Maximum residential densities shall range between 12- 40 units per acre. All development/redevelopment proposals must earn a total of 12 points by including a combination of the following features: 4 Points - Proposed setbacks that create a contiguous and consistent building edge along a public sidewalk (which exists or is proposed). 3 Points - Surface parking is minimized by the use of a parking deck that is either designed to resemble a building or located behind a building, or surface parking is located adjacent to local streets to enhance pedestrian safety. 1 Point - Public plaza that is integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture. 2 Points - Public plaza that is integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture and includes a significant community gathering place such as a stage, garden, monument or educational feature. 3 Points - Multimodal connections or Transit stop/plaza that are integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture. - 2 Points - If 15% of the proposed "for sale" residential units are connected and integrated with proposed non-residential use and considered affordable. For the purpose of this section, affordable shall mean units intended for occupancy (rental or ownership) by household earnings no more than 80% of the Atlanta Metropolitan Statistical Area's (MSA) median household income, as may be adjusted from time to time. Alternatively, 15% of the units may - 8 ORDINANCE No. 2005-38 also be designed for seniors and be consistent with the State's "Easy Living Standards". - (719.12) In the event that a BRT stop plaza is integrally connected to the proposal by pedestrian zones including porches, covered awnings, sidewalk cafes, storefront shops and street furniture, the maximum residential density may be approved at greater than 40 units per acre on a case by case basis 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 3rd day of October, 2005. Attest: - ~)~ Su an D. Hiott, City Clerk City of Smyrna Approved as to form: - 9 ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 677 Acres .828 2005-29 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 ofthe 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 October 3, 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 ofthe City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this October, 2005. day of A. Max Bacon, Mayor ~i~e~k~ City of Smyrna - ,~~ -- Scott A. oc ran, City Attorney ----- City of Smyrna Ordinance #2005-29 Exhibit "A" - Bennett Property and Pritchard Property Annexation Lois Street and Main Street All that tract or parcel of land lying and being in Land Lot 667, 1 th District, Cobb County, Georgia and being more particularly described as follows: Begin at the intersection of the south right-of-way of Main Street (right-of-way being 15.3-feet from the centerline of the road) and the west right-of-way of Lois Street (right- of-way being 15.8-feet from the centerline of the road). Thence along the right-of-way of Lois Street South 06 degrees 10 minutes 36 seconds West a distance of299.73 feet to a point; Thence leaving the right-of-way of Lois Street North 83 degrees 16 minutes 27 seconds West a distance of 120.86 feet to a point; Thence North 06 degrees 47 minutes 06 seconds East a distance of99.91 feet to a point; Thence North 06 degrees 07 minutes 29 seconds East a distance of201.05 feet to a point located on the south right-of-way of Main Street; Thence South 83 degrees 17 minutes 00 seconds East a distance of 119.80 feet to the Point of Beginning; Said parcel of land contains 36,051 square feet or 0.828 acres of land more or less. - - October 3, 2005 Exhibit "A" Page 1 of 4 July 21,2005 Frank L. Pritchard President Pritchard Brothers Inc. P.O. Box 2076 Kennesaw, GA 30156 City of Smyrna Planning and Zoning RE: Lois & Main Street Projects Annexation and Rezoning Dear Mayor and Council, I have enclosed sketches of two proposed products with a variety of elevations that will be used as a Basis of Design for the homes on Lois Street. Each home will have Senior Living Amenities on the first floor, which would include: A) Master on the main level B) Minimum step-up from garage to main level of 1 %" C) All doors on entries to be 3 ft. wide D) Sufficient bath room for wheelchair access E) Blocking in bath walls to allow handrails The elevations will be consistent with the type and style of Parkview Village. A steel picket with brick columns will separate the sidewalk from the living units. Very truly yours, ~--- J2. ~ '~ f ........T-/ .' ..... ~ J, \.Y~ ' \_~ \ -.,__L / --'- Frank L. Pritchard President I 1 1 Pritchard Brothers, Inc., P.O. 2076, Kennesaw, Georgia 30156 · (770) 794-9204 Pritcl)ard Brotl)ers 11)c. October 3. 2005 Exhibit "A" Page 2 of4 August 8, 2005 City of Smyrna Community Development Department Attn: Christopher S. Miller AICP, Director Re: Rezoning Case Z05-015 Dear Mr. Miller, I am in receipt of your memorandum of August 2, 2005 regarding my request for annexation and rezoning. The principal objective of our proposed development is to create a transitional area between present commercial development and existing residential areas. This requires the down- zoning of forty (40) percent of the property from GC to RAD-C and the annexation of two (2) pieces and rezoning them from Cobb County R-20 to RAD-C. The development of the commercial property as commercial would add significantly to the traffic and congestion of Lois Street and negatively affect adjoining residential owners. Our proposal is not for commercial or town home units. It is for single family detached units. A~inQ: in Place Our designs are not intended to be marketed to seniors only. They are not intended to comply with items 20, 21, and 22 of the special stipulations. The intent is to address a need for either the "Baby Boomer" generation or the young couple wishing to move to Smyrna. Our homes will include features which will accommodate both. Specifically, our homes will include: . Master bedroom qn the main level . Minimum step up from garage to main level of one and a half (1 112) inches . All first floor doors on entry to be three (3) feet wide . Sufficient master bath for wheelchair access . Blocking in bath walls to allow handrail addition It was not our intent to install a fire sprinkler system in each unit nor is it required by the City of Smyrna Fire Marshal. In previous meetings with council member Lnenicka I reviewed our concept and submitted a plan for twelve (12) units. At his request, we reduced our plans to eleven (11) units with an area to be utilized as a meeting area. Pritchard Brothers, Inc., P.O. 2076, Kennesaw, Georgia 30156 Ii (770) 794-9204 September 9, 2005 October 3, 2005 Exhibit "A" Page 3 of 4 City of Smyrna Community Development Department Attn: Christopher S. Miller AICP, Director Re: Rezoning Case Z05-015, Lois Street & Main Street Dear Mr. Miller, In the planning and zoning meeting of August 8, 2005, several concerns were put forth that may have influenced the board to reject our proposed annexation and rezoning. Tree Plan Concern was voiced that the county arborist questioned the area for tree planting. In order to address this concern we have obtained agreement from the adjoining property owner to the west to allow for a heavy landscape buffer in the area between our properties. In addition, we have removed the sidewalk from the front of the property. At the presentthere is no sidewalk on all of the west side of Lois Street nor is one planned. It is suggested that a sidewalk on the east side of Lois Street would provide better usage as it would connect with the existing sidewalk ~ at Lois Pointe. An alternative would be to provide five hundred (500) feet of sidewalk on the south side of Powder Springs Street. RilIhtofWay We agree to provide five (5) feet of right of way on Lois and Main Street and to provide sidewalk on Main Street. Parking Our plan has been revised to provide underground retention. The space saved will be used to provide four (4) parking spaces which will be monitored and controlled by the Homeowners Association. Said places will not be used by residents, but will be exclusively used by guests. In addition, each residence will have a nineteen (19) foot by eighteen (18) foot pad at the garage entrance which will serve to accommodate guest parking. Again, the Homeowners Association will have the right and duty to monitor and control residence parking. No resident will use this area for parking. Density The proposal for conversion of this property from commercial to residential is economically feasible when providing for eleven (11) single family detached units. Deviation to nine (9) or ten (10) units would not be expected to be feasible. ~, Very Truly Yours, a~OGL-L Frank L. Pritchard President, Pritchard Brothers, Inc. Pritchard Brothers, Inc., P.O. 2076, Kennesaw, Georgia 30156 I: (770) 794-9204 ~ September 26, 2005 October 3,2005 Exhibit "A" Page 4 of 4 City of Smyrna Community Development Department Attn: Christopher S. Miller AICP, Director Re: Rezoning Case Z05-0l5, Lois Street & Main Street Dear Mr. Miller, I have reviewed your memo of September 19, 2005 and would like to clarify several points. Weare willing to accept all special stipulations with clarification of the following: . Item 7: Does not apply. . Items 14: The front setback which will be measured from the existing property line before the granting of a 5 foot right of way to the city. W' . Item 16: The original staff letter of August 2nd called for "19 foot minimum length from building face to private drive". This is acceptable. The revised staff letter of September 19th requests a 22 foot minimum length. . Items 20,21, and 22: These homes will be built to incorporate "easy living" standards of the "aging in place" concept. As such they will have: o Easy access: a step-free entrance into the main floor o Easy use: a bedroom, kitchen, wheelchair-friendly bathroom and entering area all on the main floor o Easy passage: every interior door on the main floor provides a minimum of 32 inches of clear passage They are not designed to be exclusive senior living residences. They will not require fire sprinkler systems. Very Truly Yours, a-~~ Frank L. Pritchard President Pritchard Brothers, Inc. W' Pritchard Brothers, Inc., P.O. 2076, Kennesaw, Georgia 30156 r: (770) 794-9204