10172005 October 17, 2005
October 17,2005
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The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was called to order by presiding officer Mayor Pro Tern Wade S. Lnenicka at 7:30
o'clock p.m. All council members were present except Mayor Bacon. Also present were City
Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Fire Chief
Jason Lanyon, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director
Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris
Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, and
representatives ofthe press.
Invocation was given by Dr. Ted Holley from Vinings Baptist Church, followed by the pledge to
the flag.
Mayor Pro Tern Lnenicka stated that Mayor Bacon is out of town and cannot attend this meeting.
Mayor Pro Tern Lnenicka stated Council Member Scoggins had surgery last Friday and that
Council Member McNabb was ill last week.
AGENDA CHANGES:
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Mayor Pro Tern Lnenicka stated that presentation of a donation to the Georgia Burn Foundation
will be added to the agenda. Mayor Pro Tern Lnenicka stated that agenda item 4 A (Rezoning
and Annexation - Matthews Drive and Spring Street - Sawgrass Homes) will be tabled. Mayor
Pro Tern Lnenicka stated that Council Member McNabb has requested that agenda items 4 D
(Rezoning Request 205-026 - R-15 to RAD Conditional - 1.5 I Acre Tract - 3482 South
Sherwood Road - JAL Holdings, LLC) and 4 F (Rezoning Request 205-019 - R-15 to RAD
Conditional- 3.996/3.28 Acre Tracts - 645,3512,3522 and 3532 South Sherwood Road and
Tract near Lake Court Park - Weaver & Woodbery Company) be rescheduled to an earlier stage
of this meeting.
MAYOR'S REPORT:
Council Member Wood read a Proclamation for Poppy Day to those present, and presented the
Proclamation to Ms. Lucille Adams and Ms. Sue Johnson from American Legion Auxiliary Unit
160 in Smyrna. Ms. Johnson provided details to those present regarding the significance ofthe
red poppy to American veterans. Ms. Johnson stated the poppies, which are hand-crafted by
disabled and hospitalized veterans, are distributed free of charge. Ms. Johnson stated that
donations are accepted in exchange for the poppies. Mayor Pro Tern Lnenicka thanked Ms.
Adams and Ms. Johnson for their support of America's veterans.
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Mayor Pro Tern Lnenicka recognized Mr. John Driscoll, owner of JW Kickerz on Concord Road,
and Mr. Driscoll provided details to those present concerning a fund-raising event which was
recently conducted at his establishment. Mr. Driscoll provided details to those present regarding
benevolent activities carried out by the Georgia Firefighters Burn Foundation on behalf of
children with burn injuries. Mr. Driscoll thanked the musicians who donated their time and talent
for this fund-raising event. Mr. Driscoll provided details to those present regarding an upcoming
fund-raising event on behalf of Toysfor Tots which he will be helping to organize. Mr. Driscoll
thanked the customers and citizens who made donations for a worthy cause. Mr. Driscoll stated
the proceeds of the most recent fund-raining event will be divided between Cobb County and the
City of Smyrna for the benefit of the Georgia Firefighters Burn Foundation. Mr. Driscoll
presented a check for a portion of the event proceeds to Chief Lanyon, Mayor Pro Tern Lnenicka
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and Council Member McNabb. Mayor Pro Tern Lnenicka stated that Mr. Driscoll is a U.S.
military veteran, and thanked him for his service to our country.
LAND ISSUES/ZONINGS/ANNEXATIONS:
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(A) Rezoning and Annexation - Matthews Drive and Spring Street - Sawgrass Homes
Mr. Wright stated the applicant proposes to develop six detached single-family houses and ten
attached townhouses on the subject property at a density of 7.66 units per acre.
Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment. There
was none.
(I) Public Hearing - Rezoning Request Z05-025 - R-20 to RAD Conditional - 2.09 Acre
Tract - 2771 Matthews Street, 2775 Matthews Street, 2801 Matthews Street, 1655
Spring Street and 1665 Spring Street - Sawgrass Homes
(2) Annexation Request (100% of property owners as applicants) - Land Lot 632,
Parcels 31, 28, 27 and 26, 1 ih District, 2nd Section, Cobb County - 2771,2775 and
2801 Matthews Drive and 1655 and 1665 Spring Street - Hiram Car Wash, LLC,
William Davenport, Bobby Lacey and Bonnelle Lacey
(3) Final Vote - Rezoning Request Z05-025 - R-20 to RAD Conditiona1- 2.09 Acre
Tract-2771 Matthews Street, 2775 Matthews Street, 2801 Matthews Street, 1655
Spring Street and 1665 Spring Street - Sawgrass Homes
MOTION: Council Member Scoggins made a motion to table Rezoning Request Z05-025 from
R-20 to RAD Conditional for a 2.09 acre tract for 2771 Matthews Street, 2775 Matthews Street,
2801 Matthews Street, 1655 Spring Street and 1665 Spring Street for Sawgrass Homes, along
with the associated annexation request, until the November 7, 2005 council meeting. The motion
was seconded by Council Member Newcomb. Motion to table the measure was approved 6 - O.
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(B) Public Hearing - Rezoning Request Z05-026 - R-15 to RAD Conditional- 1.51 Acre
Tract - 3482 South Sherwood Road - JAL Holdings, LLC
Mr. Wright stated the applicant proposes to build seven active adult residences on the subject
vacant property at a density of approximately 4.26 units per acre. Mr. Wright stated the request
was approved by the Planning and Zoning Board (PZB). Mr. Wright stated that staff
recommends tabling this request until more definitive plans for the development can be made
available for review.
Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment, and the
oath was administered to several persons by Mr. Cochran.
Council Member McNabb recognized Mr. Jason Lewis, residing at 4030 Pineridge Road,
and Mr. Lewis provided details to those present concerning the proposed development. Mr.
Lewis stated that some of the requested plan changes will enable the builder to construct all of the
planned dwellings as detached single-family structures. Mr. Lewis stated the plan changes will
also make it possible to preserve at least two specimen trees on the subject tract. Mr. Lewis
stated the planned dwellings will have various features which are expected to make them suitable
for occupancy by mature residents. Mr. Lewis stated he has been contacted by some citizens who
have expressed interest in this development proposal. Mr. Lewis stated that large dwellings are
not always necessary or desirable, and that some reduction in the sizes of the proposed structures
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will make construction of a detached housing product on the subject property possible. Mr.
Lewis stated he is attempting to provide an affordable housing product suitable for mature
residents who would like to remain in Smyrna in a residence of a more manageable size. Mr.
Lewis stated that three of the lots could accommodate a larger structure if a house of more
conventional dimensions was desired by a prospective purchaser. Mr. Lewis stated this proposal
calls for three bedroom, two bathroom ranch style houses. Mr. Lewis provided details to those
present regarding traffic management measures for the proposed development. Mr. Lewis stated
that the other development planned on adjacent property will provide conventional housing for
younger purchasers. Mr. Lewis stated efforts to acquire two additional acres for inclusion in
the proposal presently under consideration are ongoing, and that if the efforts to acquire this land
are successful a plan revision will be needed. Mr. Lewis stated the request to reduce the
minimum required size of the proposed structures from 1,800 s.f. to 1,500 s.f. will apply to just
four ofthe seven units. At Mayor Pro Tem Lnenicka's request, Mr. Lewis presented a copy of
the revised site plan for inspection by the present officials. Mr. Lewis stated he would prefer to
build the proposed single-family structures as detached units. Mr. Lewis provided details to those
present concerning the placement of a cul-de-sac and water detention structure on the subject
tract to the best visual advantage. Council Member Newcomb asked Mr. Lewis where the
required common space for the development will be located. Mr. Lewis stated that there are
plans to install a subsurface water detention structure on the subject tract and to allow this area
to serve as greens pace for the development. Mr. Lewis stated there are also plans for some tree
buffer area for the development. Council Member Newcomb stated that ground above a
subsurface water detention structure near one or more residences and tree buffer area are not what
is usually envisioned as a common area for a community. Mr. Lewis stated that features such as a
divided median and a gazebo in the center section of a cul-de-sac are also not features typically
associated with a seven-lot subdivision. Mr. Lewis stated that, in order to build housing suitable
for mature residents, he is attempting to creatively maximize the use of the subject property. Mr.
Lewis stated that mature residents do not usually want to do a lot of yard maintenance, and that
formation of a homeowners association (HOA) is being considered for the development in order
to provide maintenance services for the relatively small-scale yards planned for the proposed
project. Mr. Lewis stated there is a public park near the proposed subdivision. Council Member
Newcomb expressed concern that seven units may be too many for the amount of land under
consideration. Mr. Lewis stated the smallest lot planned for the proposed development is
6,000 s.f., and that the projected density is reasonable. Mr. Lewis stated that eliminating one of
the units from the plan will only create more yard space for a homeowner or HOA to maintain.
Mr. Lewis stated that building larger structures at this particular development would only
generate more space that needs to be heated which in turn will result in higher utility costs.
Council Member Newcomb expressed the view that some of the planned structures look like
duplexes. Mr. Lewis stated that the level of quality planned for the structures is high, and that he
does not plan to build any attached structures at the subject location. Mr. Lewis stated that
quality is more important than size when building houses.
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Mayor Pro Tern Lnenicka recognized Ms. Paula Nash, residing at 630 South Sherwood Road, and
Ms. Nash expressed the view that the proposed development for mature occupants could be
beneficial to the community. Ms. Nash stated she does not object to structures comprising 1,500
s.f. on the subject property because they will be intended for mature occupants. Ms. Nash stated
she is in favor of a detached single-family housing product being built on the subject property.
Ms. Nash expressed concerns about the property exchange plans discussed by Mr. Lewis. Ms.
Nash expressed concerns about the proposed houses becoming rental properties.
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Mayor Pro Tern Lnenicka recognized Mr. Harry Daniels, residing near the subject property, and
Mr. Daniels expressed concerns about drainage at the proposed development. Mr. Daniels
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provided details to those present concerning the topography of his property and adjoining tracts.
Mr. Daniels expressed concerns about the potential effect of removal of vegetation from the
subject property. Mr. Daniels expressed the view that the stormwater management measures
planned for the proposed development may not be adequate. Mr. Daniels stated he believes the
subject property can be developed with proper planning and landscaping. Mr. Daniels stated he
has observed large amounts of water runoff in the subject area after heavy rains. Mr. Daniels
stated he believes flooding in the subject area could occur. Council Member McNabb stated he
has made a site inspection of the subject area with Mr. Daniels. Council Member McNabb stated
that, because of the density of the proposed project, properly designed storm water management
measures for the subject property are very important. Mr. Lewis stated the divided median
planned for the development allows water to be diverted out into a nearby street at several points
and to release at a slower rate. Mr. Lewis stated the grade of part ofthe property has also been
changed. Mr. Lewis stated efforts have been made to try to address storm water management
concerns on the subject property. Mr. Lewis stated he has observed the subject property
following heavy rains. Council Member Lnenicka stated the city engineer will make efforts to
make certain that no plan is approved unless concerns such as stormwater management are
addressed. Council Member McNabb stated he agrees with Mr. Lewis' objective of building
housing in the City suitable for mature occupants. Council Member McNabb stated the council
members have not yet received information pertaining to the revised plan which will include
smaller structures.
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MOTION: Council Member McNabb made a motion to table Rezoning Request Z05-026 from
R-15 to RAD Conditional for a 1.51 acre tract at 3482 South Sherwood Road for JAL Holdings,
LLC until the November 7, 2005 council meeting so that additional site-specific architectural
plans can be drawn up to reflect changes to the development plan. The motion was seconded by
Council Member Newcomb. Motion to table the measure was approved 6 - O.
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(C)
Public Hearing - Rezoning Request Z05-019 - R-15 to RAD Conditional- 3.99/3.28
Acre Tracts - 645,3512,3522 and 3532 South Sherwood Road and Tract near Lake
Court Park - Weaver & Woodbery Company
Mr. Wright stated the proposed development will consist of 19 single-family dwellings at a
density of 4.75 units per acre. Mr. Wright stated that the PZB has approved this rezoning request,
and that staff also recommends approval of the proposed development plan subject to a number of
conditions.
Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment, and the
oath was administered to several persons by Mr. Cochran.
Council Member McNabb recognized Mr. Garvis Sams, an attorney representing Weaver and
Woodbery Company (WWC), and Mr. Sams provided details to those present concerning the
applicant's plans for the subject property. Mr. Sams stated the density for the proposed
development of 4.75 units per acre is compliant with the guidelines set forth for the subject
property's moderate density residential (MDR) land use designation. Mr. Sams stated the
dwellings planned for the subject property will range in size from 2,800 s.f. to 3,400 s.f. or more.
Mr. Sams stated the dwellings planned for the subject property will have selling prices ranging
from around $420,000 to $600,000 each. Mr. Sams stated that the courtyard home type dwellings
planned for the development will range in size from 2,300 s.f. to around 2,500 s.f. or more with
selling prices ranging from around $350,000 to $450,000 each. Mr. Sams stated the new homes
will feature a variety of exterior finish materials including brick, stackstone, cedar shake and fiber
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cement siding. Mr. Sams stated that an HOA will be formed for the development. Mr. Sams
stated a third-party management company will be hired to manage the operations of the HOA.
Mr. Sams stated a declaration of covenants for the HOA, which will include architectural
controls, will be submitted to the City. Mr. Sams stated the applicant will agree to stipulations of
rezoning as formulated by the City staff, including a voluntary donation of any right-of-way
(ROW) which may be required. Mr. Sams state that sidewalks will be built in the development
which will help provide connectivity to nearby Lake Park. Mr. Sams stated the applicant will
agree to the City arborist's recommendations and City regulations regarding caliper of trees.
Mayor Pro Tern Lnenicka asked if both phases ofthe development will have a blended, uniform
appearance when observed from the street, and Mr. Sams answered in the affirmative. Council
Member McNabb asked if sprinkler systems are planned for the courtyard homes, and Mr. Sams
said no. Council Member Smith stated that the subject tract does not seem to have the
environmental remediation needs associated with the adjacent property which were part of the
rationale behind the density approved for the initial phase of the development. Council Member
Smith stated that he will not support this rezoning request because he believes the density is too
high. Council Member McNabb asked Mr. Sams if all of the planned units will have two-car
garages, and Mr. Sams answered in the affirmative.
Mayor Pro Tern Lnenicka recognized Ms. Paula Nash, residing at 630 South Sherwood Road,
and Ms. Nash expressed concerns about the density of the proposed development.
Council Member McNabb read the special stipulations for the rezoning request to those present as
follows:
Special Conditions
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14.
The development shall maintain the following setbacks:
South Sherwood Drive - 10'
North Property Line - 10'
Rear - 20'
Minimum of 10' between all attached courtyard homes
15. Driveway - 22' minimum length from building face to right-of-way.
16. The developer shall revise the intersection of South Sherwood Road and Sherwood Drive
to provide a "T" intersection.
17. A HOA will be required for the subdivision. The HOA will be responsible for the
maintenance and control of all common areas.
18. The association documents shall contain a restriction such that no more than 10% of the
total number of homes in the community may be available for rent at anyone time and
for a lease term of no less than one year. The units must be continuously marketed for
sale during the lease term.
19. All trash and debris must be removed from within the southern property setback before
any construction commences. During construction, property within the 30' southern
property line setback will be kept free of all construction materials, soil and other debris.
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20.
No residence shall have more than two stories.
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21. The private street shall be built to City standards.
22.
The size of the detached single-family homes shall range in size from a minimum of
2,800 s.f. to 3,400 s.f and beyond.
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23. The size of the courtyard homes shall range in size from 2,300 s.f. to 2,800 s.f.
and beyond.
24. The architectural style of the homes shall be traditional and the composition ofthe homes
shall consist of a mixture of either brick, stackstone, cedar shake and/or hardi-plank and
each of the homes shall have an attached two-car garage.
Council Member McNabb asked Mr. Sams ifthe applicant is agreeable to all the stipulations as
read, and Mr. Sams answered in the affirmative.
MOTION: Council Member McNabb made a motion to approve Rezoning Request Z05-019
from R-15 to RAD Conditional for a 3.996 acre tract and 3.28 acre tract at 645, 3512, 3522 and
3532 South Sherwood Road and a tract near Lake Court Park for Weaver & Woodbery Company
subject to special stipulations as agreed to by the applicant's attorney. The motion was seconded
by Council Member Scoggins. Motion was approved 5 - 1, with Council Member Smith in
opposition.
(D) Public Hearing - Rezoning Request Z05-023 - R-15 to RAD Conditional-.47 Acre
Tract - 2636 Grady Street - J. Steven Kemp
Mr. Wright stated the applicant proposes to build two houses at a density of 4.26 units per acre on
the subject tract. Mr. Wright stated this rezoning request was approved by the PZB, and that staff
also recommends approval of the request subject to a number of conditions.
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Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment. There
was no response.
Council Member Scoggins recognized Mr. Kemp, and asked Mr. Kemp what the projected price
of the house he intends to sell will be. Mr. Kemp stated the house he plans to sell will have a
price of about $500,000. Mayor Pro Tern Lnenicka advised Mr. Kemp that the City will maintain
a public easement on the east side of the subject property.
Mayor Pro Tern Lnenicka recognized Mr. Joe Adams, residing at 1180 Fleming Street, and the
oath was administered to Mr. Adams by Mr. Cochran. Mr. Adams stated he has no objections to
the proposed rezoning.
Council Member Scoggins read the special conditions ofthis rezoning request to those present as
follows:
Special Conditions
10. Each residence will be a minimum of 2,000 square feet in area. The elevations
and f100rplans for the residences shall comply with those included by the applicant in the
rezoning package.
11.
The development shall maintain the following setbacks:
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Tract 1
Front (Grady Street) - 12 feet
Rear - 15 feet
Side - 10 feet
Tract 2
Front (Grady Street) - 15 feet
Rear - 15 feet
Side - 10 feet
12. Each driveway shall have a minimum length of22' as measured from the back of
sidewalk to the garage.
Council Member Scoggins asked Mr. Kemp if the conditions as read are acceptable, and Mr.
Kemp answered in the affirmative. Council Member Scoggins asked Mr. Kemp ifhe has
received a copy of the standard conditions and if they are acceptable as well, and Mr. Kemp
answered in the affirmative. Council Member Smith complimented Mr. Kemp on the
architectural designs he has created for this project.
MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z05-023
from R-15 to RAD Conditional for a .47 acre tract at 2636 Grady Street for J. Steven Kemp
subject to the special conditions and applicable standard conditions. The motion was seconded
by Council Member Smith. Motion was approved 6 - O.
(E)
Public Hearing - Rezoning Request Z05-024 - R-15 to RAD Conditional - 2.78 Acre
Tract - 3653 King Springs Road, 3683 King Springs Road, and 1201 Kingsview Drive-
Shepardson Homes
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Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment, and the
oath was administered to several persons by Mr. Cochran.
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Mayor Pro Tern Lnenicka recognized Mr. Bob Rash, and asked him to provide details to those
present concerning his proposal for the subject property. Mr. Rash stated Shepardson Homes
(SH) proposes to build seven houses on the subject tract at a density of 2.52 units per acre with no
associated land use change. Mr. Rash stated the current zoning of this property would allow him
to build as many as eight houses there, but that reduction ofthe total number of houses will allow
SH to create a development with better overall results. Mr. Rash stated that he has met with City
staff and officials and residents ofthe affected area to discuss this project and solicit input. Mr.
Rash provided details to those present regarding the architectural design of the houses planned for
the proposed development. Mr. Rash stated the proposed dwellings will range in size from 2,800
s.f. to 3,500 s.f. with selling prices starting at around $550,000 each. Mayor Pro Tern Lnenicka
asked Mr. Rash if it is correct that the houses would be accessed by a private drive off of
Kingsview Drive, and Mr. Rash answered in the affirmative. Mayor Pro Tern Lnenicka asked
Mr. Rash if it is correct that the private drive will be built to City standards, and Mr. Rash
answered in the affirmative. Mr. Rash stated that the absence of a driveway between each house
will create a more open appearance and more grassed area. Mayor Pro Tern Lnenicka asked Mr.
Rash how much of the rear section of the subject tract will be left undisturbed as open space, and
Mr. Rash stated approximately 49% of the total land area of the subject property will be
preserved as wooded space. Mayor Pro Tern Lnenicka asked Mr. Rash if SH will be agreeable to
a special stipulation which would require a conservation easement on the subject property, and
Mr. Rash answered in the affirmative. Mayor Pro Tern Lnenicka asked Mr. Rash if the 14
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standard conditions identified by staff as applicable to this rezoning request are acceptable, and
Mr. Rash answered in the affirmative. Mayor Pro Tern Lnenicka read the special conditions for
the rezoning request as formulated by City staff to those present as follows:
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Special Conditions
15. The development shall maintain the following setbacks:
Front - 30 feet
Rear - 35 feet
Side - 10 feet
Major Side (Kingsview Drive) - 20 feet
16. No construction parking shall be allowed on King Springs Road and Kingsview Drive.
17. The common area in the rear on the east side of the property is intended to be a natural
area with a limited amount of passive recreation uses such as walking trails, gazebo, etc.
No trees in the area shall be removed without prior approval of the City.
18. The private drive shall be constructed to City standards.
19. A conservation greenspace easement shall be granted to the City for the 1.359 acre
wooded common space. The water detention structure for the development may be
located within the conservation greenspace easement.
Council Member McNabb asked Mr. Cochran if it is correct that once the conservation
greenspace easement is granted the affected property cannot be sold for private development at
any point in the future, and Mr. Cochran answered in the affirmative. Council Member McNabb
asked Mr. Rash if the condition requiring a conservation greenspace easement is acceptable, and
Mr. Rash answered in the affirmative. Mr. Cochran stated the easement can be recorded in the
deed for the subject property.
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Mayor Pro Tern Lnenicka recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr.
Martin expressed concerns about provisions for installation of infrastructure, e.g., sewer lines, at
the subject location. Mr. Martin stated it was his understanding that adequate sewer lines were in
place for some houses approved for construction by Belmont Development (BD) in the area of
King Springs Road and Concord Road, but that infrastructure improvements were subsequently
made in that vicinity by the City. Mr. Martin stated he would like to know what provisions are in
place for the infrastructure needs for the seven houses proposed by SH. Mr. Martin stated that a
water detention structure at the BD projectt on King Springs Road flooded during a recent rain
storm. Mr. Martin stated he was told there would be no construction parking on King Springs
Road in connection with the BD project there, but that he has observed construction related
parking at that location which obstructed the roadway. Mr. Martin stated that the sidewalks near
the BD project on King Springs Road have been obstructed by vehicles parking near these
walkways. Mr. Martin asked several questions regarding parking, stormwater management and
infrastructure relating to the rezoning request presently under consideration. At Mayor Pro Tern
Lnenicka's request, Mr. Stokes provided details to those present concerning the infrastructure in
the subject area. Mr. Stokes stated the sewer proposed for the planned development will come
from Kingsview Drive. Mr. Stokes stated the interior of the sewer main on Kingsview Drive was
videotaped. Mr. Stokes stated the line is in good condition with a large amount of capacity. Mr.
Stokes stated the sewer line in the subject area is not especially old. Mr. Stokes provided details
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to those present concerning the evacuation route for the sewer line in the subject area. Mr. Stokes
stated that water will come from lines on King Springs Road with an individual tap for each
residence. Mr. Stokes provided details to those present regarding natural gas lines in the subject
area. At Council Member McNabb's request, Mr. Stokes provided details to those present
concerning a sewer line upgrade which was built in the area of King Springs Road. Council
Member McNabb asked Mr. Stokes if it is correct that plans for this sewer upgrade project
predated the rezoning of the property at King Springs Road and Concord Road, and Mr. Stokes
answered in the affirmative. Mr. Martin stated that no reference was made to the sewer upgrade
plans in the vicinity of King Springs Road and Concord Road at the time of the rezoning hearing
for the BD project on King Springs Road.
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Mayor Pro Tern Lnenicka recognized Mr. Bill Mauldin, residing at 1221 Kingsview Drive, and
Mr. Mauldin thanked Mayor Pro Tern Lnenicka for taking the time to meet with residents of the
subject area to discuss this proposal. Mr. Mauldin expressed concerns about the structure planned
for lot #7. Mr. Mauldin stated this house has no access other than a private drive. Mr. Mauldin
stated this house will face the rear of the new houses. Mr. Mauldin expressed the view that the
developer was evasive when asked whether or not he would consider purchasing the house on lot
#7. Mr. Mauldin stated the water detention structure for the planned development will be highly
visible from the house on lot #7. Mr. Mauldin expressed concerns about the accessibility of the
house on lot #7 by emergency vehicles and other service vehicles. Mr. Mauldin expressed
concerns about water runoff on the subject tract, and provided details to those present concerning
the topography there. Mr. Mauldin stated he believes that removal of trees in connection with the
proposed construction could create stormwater runoff problems on the subject property. Mr.
Mauldin suggested that a retaining wall should be built on the property to help control water
runoff there. Mr. Mauldin expressed concerns about possible disruption of Kingsview Drive in
connection with installation of sewer taps. Mayor Pro Tern Lnenicka asked Mr. Rash if he would
agree to construction of a retaining wall along the east property line of lot #7 as suggested by Mr.
Mauldin, and Mr. Rash stated he would prefer to not make a commitment to such a requirement.
Mr. Rash stated the private drive will divert water runoff to the sewer and detain it. Mr. Rash
stated that, if evidence of a water runoff problem materializes, SH will install a stone retaining
wall. Mayor Pro Tern Lnenicka asked Mr. Rash if he would agree to a stipulation requiring
installation of a stone retaining wall at the referenced location if such a wall is determined to be
necessary by the city engineer, and Mr. Rash answered in the affirmative.
Mayor Pro Tern Lnenicka recognized Mr. Michael Frank, residing at 3643 King Springs Road,
and Mr. Frank stated he would like to see a stipulation applied to this rezoning which would
require the water detention structure for the development to be screened. Mr. Frank stated the
proposed location for the water detention structure is visible from his property. Mayor Pro Tern
Lnenicka stated that standard rezoning conditions require screening, such as vegetation, of water
detention structures. Mr. Frank stated he believes the water detention structure should be located
farther away from existing residences in the subject area. At Council Member Smith's request,
Mr. Frank provided details to those present concerning the topography and water flow on the
subject property. Council Member Smith advised Mr. Frank that, during the grading of this site,
the city engineer will require water which falls on the subject property to be channeled into a
water detention structure there.
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Mr. Mauldin asked what steps will be taken to regulate construction parking on Kingsview Drive.
Mayor Pro Tern Lnenicka asked Mr. Rash where construction vehicles will park at the subject
location. Mr. Rash stated that the plans for the subject property call for only minimal grading.
Mr. Rash stated there is a driveway on King Springs Road which can be used for construction
parking. Mayor Pro Tern Lnenicka asked Mr. Rash if SH will be agreeable to a special
October 17,2005
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stipulation prohibiting construction parking on Kingsview Drive, and Mr. Rash answered in the
affirmative. Council Member Smith asked Mr. Rash where visitors to the new subdivision will
park. Mr. Rash stated that up to four vehicles can park at each of the houses, and that any other
vehicles would have to park on the private drive. Council Member Smith asked Mr. Rash how
water will drain from the water detention structure to the stream. Mr. Rash stated the water will
drain into the nearby woods.
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Mayor Pro Tern Lnenicka recognized Mr. Hugh Hayes, residing at 1258 Hayes Drive, and Mr.
Hayes distributed printed matter depicting part of the subject tract to the present officials. Mr.
Hayes stated he believes the subject property should retain its current R-20 zoning and be
developed accordingly. Council Member Newcomb stated the present zoning of the subject
property would allow construction of at least six houses there with no stipulations and no public
hearing.
Mayor Pro Tern Lnenicka recognized Ms. Patsy Higbie, residing at 1211 Kingsview Drive, and
Ms. Higbie commented favorably about Mr. Rash and the SH development proposal for the
subject property.
Mayor Pro Tern Lnenicka recognized Mr. Joe Heller, residing at 1231 Kingsview Drive, and Mr.
Heller asked what the current zoning of the subject property is. Mayor Pro Tern Lnenicka stated
that available information indicates the current zoning of the subject property is R-15. Mr. Heller
stated he favors the idea of leaving a large amount of woods and greenspace on the subject tract.
Mr. Heller stated he supports the rezoning request and redevelopment plan for the subject
property .
Mr. Hayes stated that all the properties on the east side of King Springs Road are zoned R-20.
Council Member Pritchett asked Mr. Cochran if the existing zoning, whether it is R-15 or R-20,
will make any difference if the property is rezoned to RAD-Conditional. Mr. Cochran stated the
previous zoning classification of the property does not matter legally as long as the new zoning
classification is consistent with what was proposed, advertised and posted on the subject property.
Mr. Cochran stated the subject property is zoned R-15 because the City approved a zoning map
this year which designates that property as being zoned R-15. Mr. Hayes stated he believes the
subject property should retain its current R-20 zoning and be developed accordingly. Council
Member Smith stated six houses could be built on the subject property under R-20 guidelines and
that the wooded area would not necessarily have to be preserved. Council Member Smith stated
he is opposed to this rezoning request because he believes it destroys the continuity of King
Springs Road.
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Council Member McNabb stated the proposed rezoning and redevelopment plan under present
consideration contains provisions for preserving a considerable amount of wooded greenspace
and requirements for a high level of storm water detention.
MOTION: Council Member McNabb made a motion to approve Rezoning Request 205-024
from R-15 to RAD Conditional for a 2.78 acre tract at 3653 King Springs Road, 3683 King
Springs Road, and 1201 Kingsview Drive for Shepardson Homes subject to applicable standard
conditions and special conditions as follows:
15. The development shall maintain the following setbacks:
Front
Rear
- 30 feet
- 35 feet
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October 17.2005
11
Side - 10 feet
Major Side (Kingsview Drive) - 20 feet
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16.
No construction parking shall be allowed on King Springs Road and Kingsview Drive.
17. The common area in the rear on the east side of the property is intended to be a natural
area with a limited amount of passive recreation uses such as walking trails, gazebo, etc.
No trees in the area shall be removed without prior approval of the City.
18. The private drive shall be constructed to City standards.
19. The developer shall grant a conservation greenspace easement to the City for the 1.359
acre wooded common space. The water detention structure for the development may be
located within the conservation greenspace easement.
Council Member McNabb asked Mr. Rash ifhe is agreeable to the stipulations ofthe rezoning,
and Mr. Rash answered in the affirmative.
The motion was seconded by Council Member Pritchett.
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Council Member Smith stated he will support the motion because six to eight houses could be
built on the subject property under R-20 or R-15 guidelines with no stipulations. Council
Member Smith stated that under the RAD Conditional guidelines seven houses can be built on the
subject property with stipulations. Council Member Smith stated that, although the project will
break the continuity of the homes on King Springs Road, he believes in the long run this will be a
better development for the neighborhood. Council Member Newcomb stated the fact that wooded
greenspace will be preserved under the plan as presented is an important point in considering this
rezoning request. Council Member Newcomb stated he will support the motion. Mayor Pro Tern
Lnenicka stated the citizens of Ward 6 can contact him if they have any questions or concerns
regarding this rezoning and redevelopment.
Motion was approved 6 - O.
(F) Public Hearing - Zoning Amendment Request Z05-028 - Reduction in Acreage, Number
of Units and Density - Oakdale Road - Tuley and Tuley, Inc.
Mr. Wright stated a 47 unit development plan was approved for a 10.5 acre tract at a density of
4.5 units per acre by the city council on September 6, 2005 for Tuley and Tuley, Inc. Mr. Wright
stated the developer is proposing to reduce the development to 5.13 acres and decrease the total
number of units to 22 at a density of 4.29 units per acre. Mr. Wright stated staff recommends
approval of the request.
Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment. There
was none.
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Council Member Wood recognized Mr. Tuley, and Mr. Tuley advised that certain soil conditions
were discovered on some of the land included in the redevelopment tract which indicate that
those parts of the property are probably not suitable for redevelopment. Mr. Tuley stated he is
requesting permission to amend the site plan to reflect a reduction in the number of lots and the
overall density. Mr. Tuley stated some questions exist about the ROW on Oakdale Road, and that
for this reason he is requesting a maximum overall density not to exceed 4.5 units per acre with a
October 17,2005
12
total of 22 units. Council Member Wood asked Mr. Miller if any ofthe stipulations of this
rezoning will change as a result of the plan revision request, and Mr. Miller said no. Mr. Tuley
asked if the requirement for a deceleration lane will still be in force. Council Member Wood
recognized Mr. Hildebrandt, and Mr. Hildebrandt stated he will have to evaluate the site
conditions regarding the requirement for a deceleration lane. Mr. Hildebrandt stated the revised
development will have no frontage on Oakdale Road. Mayor Pro Tem Lnenicka stated
stipulation #7 can be amended to allow the city engineer to require a deceleration lane if it is
determined to be necessary. Council Member Smith asked Mr. Hildebrandt ifthere is any
minimum number of lots in a development used as a determining factor when requiring
construction of deceleration lanes. Mr. Hildebrandt stated no such number is specified by code,
but that small subdivisions usually do not require a deceleration lane. Mr. Hildebrandt stated the
speed limit of an affected road and sight distance factors are also taken into consideration when
determining whether or not a deceleration lane is required.
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MOTION: Council Member Wood made a motion to approve Zoning Amendment Request Z05-
028 for reduction in acreage, reduction in the number of units to 22 and density not to exceed 4.5
units per acre for a 5.13 acre tract on Oakdale Road for Tuley and Tuley, Inc. subject to
modification of standard condition #7 to allow the city engineer to require a deceleration lane if it
is determined to be necessary. The motion was seconded by Council Member Smith. Motion
was approved 5 - O. (Clerk's Note: Council Member Pritchett was not present at the time ofthis
vote)
(G) Public Hearing - Ordinance Amendment (2005-35) - Amendment of Sign Code
Mr. Wright stated the City has engaged the services of a legal consultant to provide guidance
regarding formulation of sign regulations. Mr. Wright stated the consultant has recommended
some changes to the City Sign Code to help ensure consistency and constitutionality. Mr. Wright
stated proposed changes include addition and revision of definitions, revising regulations for wall
signs for businesses fronted on two streets, reduction in the number of standard informational
signs allowed on each lot, and increasing allowable square footage for temporary signs. Mr.
Wright stated staff recommends approval of the ordinance amendment.
-
MOTION: Council Member Newcomb made a motion to approve ordinance amendment (2005-
35) for revision of the Sign Code.
Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment. There
was none.
The motion was seconded by Council Member Pritchett. Motion was approved 5 - O. (Clerk's
Note: Council Member Smith was not present at the time of this vote)
(H) Public Hearing - Ordinance Amendment (2005-39) - Sec. 501.10, Wrought Iron Fences
in Front Yards
Mr. Wright stated the proposed amendment would allow the installation of decorative wrought
iron fences in front yards. Mr. Wright stated this amendment has been prepared in response to
requests from homeowners and developers to install this type of fence.
Mayor Pro Tem Lnenicka stated this is a public hearing and asked for public comment. There
was none.
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October 17.2005
13
MOTION: Council Member Newcomb made a motion to approve ordinance amendment (2005-
39) to allow the installation of decorative wrought iron fences in front yards. The motion was
seconded by Council Member Wood. Motion was approved 6 - O.
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(I) Public Hearing - Ordinance 2005-16 - Zoning Code Amendment to Section 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
city council members directed staff to prepare specific regulations designed to limit outside
storage and display of merchandise. Mr. Wright stated this ordinance was approved at a previous
council meeting but, because the legal advertisement did not contain references to the individual
zoning districts, it was readvertised for the present meeting. Mr. Wright stated staff recommends
approval of this ordinance amendment. Mr. Wright stated the updated regulations will allow
outside display or of storage merchandise within an enclosed area under a canopy or building
overhang no farther than five feet from an exterior building wall.
Mayor Pro Tern Lnenicka stated this is a public hearing and asked for public comment. There
was none. (Clerk's Note: Discussion ofthis measure was temporarily suspended and the present
officials proceeded to subsequent portions of the agenda)
MOTION: Council Member Newcomb made a motion to approve ordinance amendment (2005-
16) for a Zoning Code revision to Sections 709.7, 711.13, 712.22 and 712.44 to allow the
outside display, storage and sale of merchandise. The motion was seconded by Council Member
Wood. Motion was approved 6 - O.
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PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
There was none.
COMMERCIAL BUILDING PERMITS:
(A) Office Condominium Buildings - 3600 Highlands Parkway, Buildings 1 through 9 -
De Oplossing, Inc.
Council Member Wood provided a summary of the scope of this project for those present.
MOTION: Council Member Wood made a motion to approve the commercial building permits
for office condominium buildings at 3600 Highlands Parkway, Buildings 1 through 9 for
De Oplossing, Inc. The motion was seconded by Council Member Scoggins. Motion was
approved 6 - O. (Clerk's Note: The present officials returned to discussion of Ordinance
Amendment 2005-16 at this time)
CONSENT AGENDA:
-
(A)
Approval of October 3, 2005 Minutes
October 17,2005
14
(B)
(C)
(D)
Approval of 2006 Cobb County Health Insurance Rates & Proposed changes to
employee benefits
It is recommended that the Mayor and Council approve the Health Insurance Rates,
increasing the employee opt out provision, authorize the Mayor to sign a contract with
Mark III Brokerage (Ameritas ) for dental coverage, and authorize the Mayor to sign a
contract with Mark III Brokerage (Ameritas) to be our flexible spending account (Section
125 Program) administrator with an effective date of January 1, 2006.
Amendment of August 15, 2005 Council Meeting Minutes
The segment of the referenced minutes pertaining to item 4 I (Rezoning Request Z05-012
- 8.81 Acre Tract - General Commercial to TD Conditional - South Cobb Drive and
Sutherlin Park - Uptown Holdings, LLC) should be amended so that special stipulation
#16 specifies a 25' landscape buffer on the eastern property line.
Approval of Special Event in the Market Village on Saturday, October 22, 2005
A "German Octoberfest" from 1 :00 p.m. until 11 :00 p.m is proposed on the referenced
date. Organizer is requesting the top (fountain area) of the Market Village terminating
above the Village Cafe and Italio's access points. From the vehicle access points at
Village Gourmet and Italio's through the remainder of the Market Village -lower portion
approaching City Hall - will remain open to vehicle traffic. (Arrangements have been
made to post signage indicating shops are open to facilitate consumer movement
throughout the Market Village.) This event will occur during operating hours of an
organized City event (Fall Festival) and for five hours following the City organized
event. Very heavy family traffic will be in the downtown from 10:00 a.m. until 6:00 p.m.
on this day. Organizer indicates street (upper Market Village circle) closure to occur at
11 :30 a.m. on the day of the event. The targeted demographic is 25 - 40, young
professionals, adults, singles and families. Merchant sponsor contact is Kevin Drawe of
Atkins Park Tavern. Other merchants in active participation are Atkins Parks Tavern,
Vintage Tavern, Zucca, Moes, Cafe Michel, Village Cafe and The Wine Cellar.
-
-
(E) Bid Award - 2005 Street Resurfacing
This bid is for the resurfacing of the following streets: Alpine Drive, Anderson Circle,
Brentwood Drive, Honeysuckle Court, Honeysuckle Drive, King Springs Road (part),
North Cooper Lake Road, Stephens Street, Terri Meyer Drive, and Parkland Run cuI de
sac. Many of these streets will be partially funded from the LARP program. Due to
escalating prices, resurfacing of Burbank Circle, Dixie Avenue, and Pasadena Place will
be postponed until next year.
Four bids were received as follows:
(F)
CW Matthews $411,964.70
APAC Southeast $481,515.04
Baldwin Paving $423,870.00
Stewart Brothers $503,022.60
The City Engineer and Purchasing Agent have reviewed the bids and recommend
awarding the contract to low bidder C W Matthews.
Approval of Street Closings from Friday, October 21 st at 9:00 a.m. until Sunday, October
23rd at 10:00 p.m. in the Village Green
The Fall Festival is an annual event requiring closure of Village Green Circle and
connecting streets from 9:00 a.m. on Friday, October 21 st until 10:00 p.m. on Sunday,
October 23rd. It is requested that King Street from Bank Street be closed and access to
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October 17,2005
15
Village Green Circle via Powder Springs be restricted at the Village Green side of the
Library parking lot.
-
MOTION: Council Member Wood made a motion to approve the consent agenda. The
motion was seconded by Council Member Smith. Motion was approved 6 - O.
COMMITTEE REPORTS:
Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those
present regarding recent Public Works Department projects and activities.
Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present
concerning current Keep Smyrna Beautiful (KSB) activities. Ms. Kirk stated the City of Smyrna
has received a first place award for 2005 for waste reduction by a governmental entity in Georgia.
Ms. Kirk stated this achievement is the result of cooperation between citizens, staff and officials.
Ms. Kirk stated the City has also won a first place award for KSB in the population category for
which Smyrna qualifies. Ms. Kirk stated this is the ninth year the City has garnered such an
award. Ms. Kirk stated jonquils are now available for sale at the Recycling Center and at other
locations in the City. Ms. Kirk thanked those volunteers who participated in the recent adopt-a-
mile clean-up event. Council Member Pritchett thanked Ms. Kirk for her efforts and
accomplishments.
Council Member Newcomb commended Ms. Kirk for her efforts which help make the KSB
program a success. Council Member Newcomb thanked Mr. Stokes for replacing storm water
infrastructure on Arden Way. Council Member Newcomb recognized Mr. Miller, who had no
report.
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Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott commended Court Clerk Karen
Fricke for being selected to participate in a panel discussion of various court issues recently held
by the Council of Municipal Court Judges. Ms. Hiott provided details to those present
concerning the amnesty program being implemented in the City Court for persons who have
failed to appear in response to court summonses.
Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those
present regarding upcoming City events.
Council Member McNabb recognized Mr. Seigler, and Mr. Seigler stated that the City Library
received the first annual Eason Award for excellence in children's services at a recent meeting of
the Georgia Library Association. Mr. Seigler stated the City has received a $1,000 donation from
Wal-Mart to be used for the purchase of bilingual books. Mr. Seigler stated library staff members
Lisa Tarr and Sarah Lightsey do an outstanding job for the City. Mr. Seigler provided details to
those present concerning recent and upcoming library programs and events.
Council Member Smith recognized Mr. Corey, and Mr. Corey had no report. Council Member
Smith congratulated Ms. Kirk on the KSB program's recent successes.
-
Council Member Wood recognized Ms. Edgar, and reported that Ms. Edgar will soon be retiring
from her employment with the City. Council Member Wood commended Ms. Edgar for her
many years of service to the City. Council Member Wood stated the City's Finance Department
has been recognized for excellence by the Government Finance Officers Association every year
for the past 15 years. Ms. Edgar thanked everyone for their cooperation, and commented
October 17,2005
16
favorably about the City's staff. Ms. Edgar thanked the City's officials for the opportunities she
has enjoyed with the City. Council Member Newcomb stated everyone associated with the City
feels respect and admiration for Ms. Edgar. Council Member Newcomb stated the City is
fortunate to have had a finance director like Ms. Edgar who is a person of unquestioned integrity.
Council Member Newcomb stated the City's finances have always been in order under Ms.
Edgar's direction. Mayor Pro Tern Lnenicka thanked Ms. Edgar for her service to the citizens.
Mayor Pro Tern Lnenicka commended Ms. Edgar for the assistance she provided with the
establishment of a capital improvement planning process. Mayor Pro Tern Lnenicka stated the
City's leadership has always been able to rely on Ms. Edgar to do the right thing and that she has
been a good steward of the public's resources. Council Member Smith led those present in a
round of applause for Ms. Edgar.
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Mayor Pro Tern Lnenicka recognized Chief Hook, who had no report.
Mayor Pro Tern Lnenicka recognized Chief Lanyon, and at Council Member Pritchett's request,
Chief Lanyon provided details to those present concerning some construction signs at Station 3.
Mayor Pro Tern Lnenicka commended Ms. Kirk and the KSB commission members for their
accomplishments. Mayor Pro Tern Lnenicka commended Mr. Seigler for the library's recent
receipt of the Eason Award for excellence in children's services. Mayor Pro Tern Lnenicka
commented favorably on the City's staff, and thanked everyone for their efforts.
Mayor Pro Tern Lnenicka stated the Veterans Memorial Association of Smyrna will be holding
its annual meeting on October 19. Mayor Pro Tern Lnenicka stated the Taylor Brawner
Foundation wiH be holding a fund-raising event this weekend, and that Pat Terry will be
performing a song he wrote about Smyrna at this event. Mayor Pro Tern Lnenicka stated there
will be a meeting of the Paces Ferry North HOA on October 27. Mayor Pro Tern Lnenicka
provided details to those present regarding an upcoming lacrosse match at Georgia Tech.
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CITIZENS INPUT:
Mayor Pro Tern Lnenicka recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr.
Martin expressed concerns about current staffing levels at the City's public safety departments.
Mr. Martin commented on recent criminal activity in the City. Mr. Martin stated he believes
public safety personnel should be given sufficient incentives to work for the City of Smyrna.
Mr. Martin stated that growth in a city usually brings corresponding growth in crime.
ADJOURNMENT:
With no further business, the meeting was adjourned at 11: 17 p.m.
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October 17,2005
17
-
'-::'JV J~J~
RON NEWCOMB, WARD 2
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L SC GGINS, RD 3
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CHARLES PETE WOOD, WARD 7
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ORDINANCE No. 2005-39
-
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, APPENDIX A-ZONING, ARTICLE
V, GENERAL PROVISIONS, SECTION 510.10, CITY OF SMYRNA,
GEORGIA, BE AMENDED BY REVISING SAID SECTION TO INCLUDE
PROVISIONS FOR ALLOWING THE INST ALLA TION OF WROUGHT
IRON FENCES IN FRONT YARDS IN ALL ZONING DISTRICTS
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA:
That Appendix A-Zoning, Article V, General Provisions, Section 510.10,
City of Smyrna, Georgia, be amended to read as follows:
(501.10) Within any front yard (front yard shall also include a comer lot in
which both yards abutting a street shall be deemed a front yard), in all
zoning districts, no chain link or similar woven wire fence shall be
permitted. However, within a front yard in the aforementioned districts, a
decorative or ornamental rail, split rail, picket, opaque, basket weave or
similar fence constructed of wooden materials may be permitted provided
that said fence does not exceed four feet in height. Columns comprised of
brick, stone or similar material may be placed between fence sections in
the front yard. Decorative wrought iron shall also be permitted provided
that said fence does not exceed four feet in height.
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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.
-
ORDINANCE No. 2005-39
-
Approved by Mayor and Council this 17th day of October, 2005.
Attest:
~ D.VI)dtf
Susan D. Hiott, City Clerk
City of Smyrna
Approved as to form:
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2
Ordinance 2005-35
-
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT
THE CODE OF ORDINANCES, CHAPTER 82 - SIGNS, BE AMENDED BY
REPEALING THE EXISTING CHAPTER 82 IN ITS ENTIRETY AND
SUPPLANTING IT WITH A REVISED BODY OF REGULATIONS TO
PROVIDE UPDATED DEFINITIONS AND A NUMBER OF ADDITIONAL
GUIDELINES PERTAINING TO SIGN REGULATION
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF SMYRNA, GEORGIA:
That Chapter 82 - Signs of the Code of Ordinances of the City of Smyrna,
Georgia, be amended by repealing the existing Chapter 82 in its entirety and
supplanting it with a revised body of regulations to read as follows:
Sec. 82-1. Findings and Purpose.
(a) In order to protect the public safety, including traffic safety, to assure aesthetic harmony
and compatibility of signs with surrounding land uses, to enhance the business and economy of
the city, to protect the public investment in streets and highways, to maintain the tranquil
environment of residential areas, to promote industry and commerce, and to provide for orderly
and reasonable display of advertising for the benefit of all its citizens, the governing authority
finds that the improper control of signs would be detrimental to the common goals of the city.
The governing authority thus determines that the public health, safety and welfare require the
adoption of this article.
-
(b) The governing authority finds that signs and advertising are proper and necessary uses of
private property and can constitute a legitimate business entitled to the protection of the law. A
sign by its very nature is designed to draw an individual's attention to that sign. This
characteristic makes signs a valuable medium of communication; however, this same
characteristic can distract motorists and pedestrians, thus creating traffic hazards.
(c) The governing authority further finds that the clutter created by an excess in number, size
and height of signs creates a distraction to travelers and negatively impacts the general
appearance of an area. Signs may lessen the aesthetic qualities of an area and may intrude upon
the residential character of an area, as well as property values.
(d) The governing authority further finds that signs and advertising should be reasonably
regulated in the interest of traffic safety, aesthetics and public welfare by the establishment of
standards for the location, size, illumination, number, construction and maintenance of all signs
and advertising structures in the city and to ensure that they are structurally safe and sound.
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(e) The governing authority recognizes that the City of Roswell and the City of Smyrna share
in common many of the same characteristics. Both are located within the Atlanta Metropolitan
area, and face the same challenges concerning traffic safety and aesthetics. Because of this, the
governing authority looks to and incorporates the study conducted by the City of Roswell entitled
The Public Purposes of Roswell's Sign Ordinance and the implications of doing without it, a
position paper prepared by Jerry Weitz, Ph.D., AICP, Planning Director, as support for the
governing authority's regulation and control of signs within the City of Smyrna. In addition to
other evidence provided at the adoption of ordinance.
Ordinance 2005-35
Sec. 82-2. Definitions.
For the purposes of this article, the following terms shall have the respective meanings ascribed to
them:
-
A Frame Sandwich sign means a movable sign not secured or attached to the ground that is a sign
with two sign faces that are connected at the top of the sign by a hinge mechanism which allows
the base of the sign to be expanded outward to form the shape of an "A". Such sign shall be
movable with the total square footage of both sign faces added together not greater than 25 square
feet.
Banner sign means a strip of cloth, paper, canvas, or similar material, on which a message, slogan
or emblem is painted, drawn or otherwise projected, colored or shaped with only such material
for a backing for the purpose of advertising or drawing attention to a product, object, facility,
activity or idea.
Code Enforcement Officer means a code enforcement officer employed by the governing
authority for the City of Smyrna or his/her designee duly authorized to enforce the Sign
Ordinance.
Community Development Department means the Community Development Department or its
employees employed by the governing authority for the City of Smyrna or its designees duly
authorized to administer and enforce the Sign Ordinance.
Community medical facility means a hospital or mental-health facility with one (1) or more
buildings comprising a minimum offorty-thousand (40,000) square feet of covered floor space.
Fascia sign means a vertical sign attached to the front of the building that is below the top edge
of a sloping roof and that extends not more than eighteen (18) inches above the lower edge of the
sloping roof.
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Freestanding sign means a sign not attached to any building which includes but not limited to a
ground based monument sign, pole sign, temporary sign, instructional sign, standard
informational sign, A frame sign but does not include a hanging sign, fascia sign, or window sign.
Ground based monument sign means a sign securely affixed to a substantial support structure
which contains a permanent foundation which consists of a 3' high brick monument base attached
to the ground and wholly independent of any building for support and none of the area beneath
the sign face in a direct vertical plane from the sign face to the ground is exposed to view, open,
or allows for someone to see through any of the space beneath the sign face. Such sign is not a
pole based sign.
Hanging sign means a sign attached to and supported by a building or other structure and which
extends at any angle there from. Such signs must be located a minimum of 10' above the
sidewalk and extend no further than 2' beyond the building face.
Illuminated sign means a sign designed to give forth artificial light directly or through translucent
material from a source of light within such sign or a sign illuminated by an external light directed
primarily toward such sign and so shielded that no direct rays from the light are visible elsewhere
other than on the lot where such illumination occurs.
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2
Ordinance 2005-35
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Instructional sign means a sign used to give direction or specific instruction to the public such as,
but not limited to, "Center," "Exit," "No Parking," "Drive Through," "Restroom," and so forth.
Such signs shall contain only instructional information and shall not contain a commercial
message and shall not be larger than 16 square feet.
Nonconforming sign means any sign which does not conform to the provisions of this article.
Permanent foundation means that portion of any sign structure that is attached to the ground or
other structure attached to the ground through the use of concrete footings or other man-made
material that is not capable of being removed without the aid of mechanical or other machinery.
Planned industrial park means two (2) or more industrial or office buildings containing a
minimum of forty-thousand (40,000) square feet of covered floor space under either common
ownership or common control via a property management association.
Planned shopping development means two (2) or more stores or office spaces containing a
minimum of twenty-thousand (20,000) square feet of covered floor space on the same undivided
lot.
Pole sign means a sign with a permanent foundation where the sign face is supported on a pole,
poles (or other sign structure) and the area beneath the sign face in a direct vertical plane from the
sign face to the ground is exposed to view, open, or allows for someone to see through any of the
space beneath the sign face. Such sign is not a ground based monument sign.
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Projecting sign means any sign which is attached to a building or other structure and extends
more than six (6) inches beyond the line of the building or structure or beyond the surface of that
portion of the building or structure to which it is attached.
Real Estate Sign any sign utilized to sell or lease a property. Such signs shall not exceed 8
square feet including areas devoted to brochures or other information.
Sign means any letter, figure, character, mark, plane, point, marquee sign, design, poster,
pictorial, picture, stroke, stripe, line, trademark, reading matter or illuminated service, which shall
be so constructed, placed, attached, painted, erected, fastened or manufactured in any manner
whatsoever, so that the same shall be used for notification or the attraction of the public to any
place, subject, information, person, firm, corporation, public performance, article, machine or
merchandise whatsoever which is displayed in any manner whatsoever whether outdoors or
indoors in such a manner as to be visible from any sidewalk, public street, or right-of-way.
Sign face means the area within a continuous perimeter enclosing the limits of writing,
representation, emblem or any figure or similar character, together with any frame or other
material or color forming an integral part ofthe display or used to differentiate such sign from the
background against which it is placed, excluding the supports or uprights on which such sign is
placed For projecting or double-faced signs only the larger of the display faces shall be used in
computing the total area of the sign face for that sign.
Sign Height shall be measured in a plane from ground level to the top of the sign. For monument
signs, the 3' high brick base shall be utilized in the computation of total sign height.
Sign Structure means all portions of a sign not including the sign face.
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3
Ordinance 2005-35
Standard Informational Sign means a sign erected by the owner of the property or the property
owner's designee which contains information for the public including but not limited to security
identification sign, or any other commercial or non-commercial message but not including for
sale message, for lease message, yard sale sign. Such sign face shall not be larger than 32 square
feet. These signs shall be permitted and regulated as temporary signs.
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Subdivision entrance sign means a permanent sign located at the entrance to a permanent
subdivision or other residential development. The sign shall be a ground based monument sign
with the sign face area not greater than 32 square feet and a sign height not greater than 8 feet.
No sign shall be placed inside any island between lanes of traffic within the right-of-way. No
sign shall be located so as to obscure street visibility within 60 feet in any direction from the
subdivision entrance for motorists existing the subdivision. The sign may be incorporated into
the entry wall.
Temporary advertising sign includes any sign with a commercial message, including but not
limited to a banner or advertising display constructed of cloth, canvas, light fabric, cardboard,
wall board or other light materials, with or without frames, intended to be displayed for a short
period of time only, not to exceed sixty (60) consecutive days within twelve (12) month period,.
Such sign face shall not be larger than 32 square feet. Only 1 temporary sign is permitted at a
time for each lot, business or residential development (whichever is less). Any banner
constructed from a light material must be affixed to a permanent structure.
Wall sign means a sign applied to or mounted to the wall or surface of a building or structure, the
display surface of which does not project more than six (6) inches from the outside wall of such a
building or structure. The total lettering on one (1) side of a building or structure shall constitute
one (1) wall sign.
Window sign means a sign painted upon or affixed so as to be visible through or upon a window.
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Yard sale sign means a 8 square foot sign displayed on the premises where a yard sale is being
held on the day of the sale only.
Sec. 82-3. Signs Not Requiring permits.
The following types of signs do not require sign permits, provided however, that these signs must
comply with all applicable regulations of this article unless specifically exempted:
(a) Real estate signs.
(b) Signs erected on behalf of a governmental authority in the exerCIse of its proper
jurisdiction. Such signs are exempt from the regulations of this article. Such signs include but
are not limited to safety signs, traffic signs, street signs and signs advertising a city-sponsored
community event.
(c) Seasonal displays and decorations located within the city, including but not limited to
Halloween, July 4th, Christmas, Hanukkah, Kwanzaa, and Easter, so long as the seasonal displays
and decorations do not contain commercial messages. Such seasonal displays and decorations are
exempt from the limitations of the Sign Ordinance.
(d)
pane.
Window signs provided the total sign area does not exceed 50% of the individual window
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4
Ordinance 2005-35
(e) Signs located ten (10) or more feet behind a window or garage bay door opening that are
visible through the window or garage bay door opening to the outside.
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(f) "A-Frame" sandwich signs within Downtown Development Districts I and 2 provided
the total area of both sign faces does not exceed 25 square feet total and the sign is not
permanently affixed.
(g) Yard sale signs
(h) Standard Informational Sign
Sec. 82-4. Sign permit--Required.
(a) Except as specifically excluded under S 82-3 of this article, it shall be unlawful for any
person to post, display, or erect a sign without a permit.
(b) A new sign permit is required when cost of changes to the sign structure are more than 50
percent of the reconstruction cost of the entire sign.
Sec. 82-5. Same-Application.
(a) The sign owner or the sign owner's agent shall file applications for sign permits with the
Community Development Department or its designee upon forms furnished by the Community
Development Department. Such application shall describe and set forth the following:
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(I) The type of sign structure to be constructed showing that it satisfies the
requirements of all applicable building code~ or their amendments adopted by the
governing authority unless specifically exempted by this article.
(2) Engineering drawings of the sign structure signed and sealed by a professional
engineer licensed and registered in the State of Georgia.
(3) The construction cost of the sign.
(4) The street address of the property upon which the sign is to be located, a diagram
of the proposed location of the sign on the property, and the size ofthe property on which
the sign structure is to be located.
(5) The square footage of each sign face.
(6) The number of sign faces.
(7) The names and addresses of the owners of the real property upon which the
subject sign is to be located.
(8) Written consent of the owner of the real property, or the owner's agent, granting
permission for the placement and maintenance of subject sign.
(9) Name, address, and phone number of the sign contractor.
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(10)
Proof of insurance.
5
Ordinance 2005-35
(11) Name, address, and phone number of a contact person in case of emergency.
( 12)
The distance from the proposed sign structure to the closest adjacent sIgn
structure.
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(b) Proof that all other required permits for the construction of the sign have been obtained.
(c) Within fifteen (15) days of change of ownership of a sign, a sign owner notification
notice must be filed with the Community Development Department or its designee. Such
notification notice form shall be available from the Community Development Department.
(d) The Community Development Department may rely upon the contact person provided in
the sign application for purposes of notice to the permit holder concerning the sign.
(e) Failure to obtain a sign permit as required shall be grounds for removal of the sign
pursuant to this article or citation to be issued.
(t) The Community Development Department shall process all sign permit applications
within forty-five (45) business days of the actual receipt of a completed application and sign
permit fee. The Community Development Department or its designee shall give notice to the
applicant of its decision by hand delivery or by mailing a notice to the address on the sign permit
application on or before the forty-fifth (45th) business day after receipt of the completed
application. If mailed, notice shall be deemed to have been given upon the date of mailing in
conformity with this section. All applications meeting the applicable requirements of this
ordinance shall be approved.
(g) Any sign permit application that is incomplete, fails to comply with the provisions of this
ordinance, or contains false statements shall be denied.
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Sec. 82-6. Same-Fees.
No permit shall be issued until the appropriate application has been filed with the Community
Development Department and the fees have been paid to the city as provided below:
(a)
(b)
(c)
(d)
Area of sign 1-10 square feet. . .
Area of sign 11--25 square feet. . .
Area of sign 26--50 square feet. . .
Area of sign 51 square feet and greater
$15.00
$30.00
$45.00
$60.00
See 82-7. Inspection.
A sign permit shall become null and void if the sign for which the permit was issued has not been
completed and inspection requested within six (6) months after the date of issuance.
(a) The holder of the sign permit shall be responsible for contacting the Community
Development Department to arrange inspection of the sign within the six (6) months after
the date of issuance of the sign permit.
(b) The inspection shall be conducted by a representative of the Community
Development Department pursuant to the provisions of the Standard Building Code or its
amendments and other applicable ordinances.
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6
Ordinance 2005-35
Sec. 82-8. Same--Revocation or Citation.
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The Community Development Department, its designee, or a code enforcement officer are
authorized and empowered to revoke any permit issued under this ordinance upon failure of the
holder thereof to comply with any provision of this article. Furthermore, the Community
Development Department, its designee, or a code enforcement officer are authorized to issue a
citation upon failure to comply with any provision ofthis article.
Sec. 82-9. Removal of signs.
(a) Any sign, except as otherwise exempted, that violates the requirements of this article
shall be subject to removal and all other penalties as provided by this article.
(b) For signs other than those found on public property violation ofthis article:
(I) The Community Development Department, its designee, or a code enforcement
officer shall send written notice of the violation by regular mail to the contact person
listed on the sign permit application or to the property owner on which the sign structure
is located ifno sign permit application has been completed for the sign in violation.
(2) The notice shall indicate that the contact person or property owner shall have ten
(l0) days to appeal the decision of the Community Development Department, its
designee, or a code enforcement officer to remove the sign from the date of mailing of
the written notice.
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(3) Pursuant to section 82-17 the contact person or property owner may appeal the
decision to the Mayor and Council for a hearing regarding the violation. At the hearing
the person contesting the sign violation and the city shall be allowed to present evidence
as determined by the rules for hearing (adopted by the Mayor and Council).
(4) Failure to appeal the notice of violation within ten (l0) days of mailing of the
notice of violation shall be deemed a violation and the sign shall be subject to removal.
(c) All signs found on public property without proper permission shall be subject to removal
and any other enforcement allowed under this article by the Community Development
Department, its designee, any code enforcement officer or any other enforcement officer as
determined by the governing authority without prior notice to the sign owner.
(d) Any commercial sign not currently in compliance with this article must be brought into
compliance within thirty (30) days after a change of ownership or discontinuance of operation of
the commercial entity on the lot on which the commercial sign is located. For planned shopping
centers, free-standing signage advertising more than one tenant must be brought into compliance
within thirty (30) days after either a change in ownership for the entire center or if more than 50%
of tenants (as of October 17,2005) are discontinued or changed.
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(e) Lawful removal of any sign in violation of this ordinance, as provided in this article, shall
be without liability to the governing authority, its officers, agents, servants, and employees. The
permit holder shall be responsible for the costs of removal. If there is no permit holder, then the
sign owner shall be responsible. If there is no permit holder and the sign owner cannot be found,
then costs of removal shall be the responsibility of the property owner where the sign structure
was located.
7
Ordinance 2005-35
(t) The city clerk or his/her designee shall certity the amount for the cost of removal to the
city attorney if the cost of removal is not paid by one of the responsible parties.
(g) The city is authorized to take such action as allowed under law to collect the cost of
removal.
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Sec. 82-10. Nonconforming signs.
Signs lawfully existing on the effective date of the ordinance, as of October 17,2005, from which
this article is derived which do not conform to the provisions of this article shall be deemed to be
non-conforming signs and may remain, except as otherwise specifically qualified by this article.
I. No non-conforming sign structure may be enlarged or altered such that the square footage
of the sign face is increased.
(b) Nothing in this section shall be deemed to prevent keeping in good repair a
nonconforming sign. No repairs totaling more than 25 percent of the reconstruction cost of the
entire sign shall be allowed except to make the sign comply with the requirements of this article
provided that the damage to the sign was caused by an act of God or other matter beyond the
control of the owner and provided that the repairs are completed within 60 days of the damage to
the sign.
(c) All nonconforming signs must be in such condition so that they do not constitute a safety
hazard as determined by the applicable building code~ or their amendments unless specifically
exempted by this article.
(d) Failure to comply with the requirements of this section shall be grounds for the
Community Development Department, its designee or a code enforcement officer to issue notice
of violation and proceed with steps to remove the sign in violation as allowed under this
ordinance.
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Sec. 82-11. Insurance requirements.
It shall be unlawful for any person to engage in the business of erecting or maintaining signs
within the city unless and until such entity shall have obtained a certificate of insurance from an
insurance company authorized to do business in the state evidencing that the entity has in effect
liability and property damage insurance in the sum of $25,000.00 dollars for property damage
for anyone (1) claim and liability insurance in an amount not less than $100,000.00 dollars for
injuries, for injuries to anyone (1) person. The certificate of insurance shall state that the
insurance carrier will notity the not less than city thirty (30) days in advance of any termination
and/or restriction ofthe coverage.
Sec. 82-12. Prohibited signs and sign devices.
The following types of signs or advertising devices are prohibited in all zoning districts of the
city, unless otherwise indicated:
(a) Roof sign, which is any sign erected upon and above a roof structure and wholly
supported by the roof structure or a structure placed upon the roof.
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8
Ordinance 2005-35
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(b) Signs with flashing, intermittent or animated illumination or effect are
prohibited; provided, however, that time and weather informational signs with total sign
area not larger than 32 square feet and official warning or regulatory signs erected by a
governing authority in the exercise of its proper jurisdiction are exempt from this
restriction.
(c) Commercial signs in residential districts except as otherwise allowed within this
ordinance.
(d) A spectacular sign which is an advertising display sign, advertising copy that is
animated, constructed of metal, wired for lights or luminous tubing, or both, with copy
action controlled by flashed circuit breakers or matographs and attached on an open face
steel structure built especially for that purpose. This definition does not include signs
which indicate time, temperature, or date. This definition does not include electronic
display signs whose sign copy does not change more than one time per hour.
(e) Signs on public right-of-way except signs exempt under Section 82-3.
(t) Signs which contain or are in imitation of an official traffic sign or signal and are
not erected pursuant to the governing authority, excepting construction signs and
barricades.
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(g) A mobile sign, which is a sign in excess of 2 square feet, attached to, mounted
on, pasted on, painted or drawn on any trailer, motorized vehicle which remains at the
same property for a period of at least eight consecutive hours, or other non-motorized
vehicle, that is placed, parked or maintained upon a single property for the purpose and
intent of promotion, or conveying a commercial message, except that this shall not apply to
any vehicle or trailer allowed by the Georgia Department of Transportation having the sign
attached thereto as part of the operational structure of the vehicle or trailer or any vehicle
offered for sale or lease.
(h) Pole signs.
(i) Snipe sign which is any sign of any material whatsoever that is attached in any
way to or placed upon a utility pole or mailbox situated on public or private property.
(j) Wind-actuated, air or gas-filled devices such as balloons or streamers containing
a commercial message.
(k) Searchlights.
(I) Any sign containing a sign face on more than two sides.
(m) Any sign attached to a bench or a trash can.
(n) Pennants, not consisting of national flags, or streamers.
(0) Permanent signs which are placed on canvas, cloth or other similar materials
(excluding signs on awnings).
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9
Ordinance 2005-35
(k) Permanent or temporary signs which have: missing letters, missing or damaged
lenses, exposed lighting/electrical materials or otherwise damaged support structures/sign
cabinets.
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Sec. 82-13. Prohibited content of signs.
It shall be unlawful for a person to display:
(a) Any expression defined as obscene by federal or state law.
Sec. 82-14. Prohibited methods of erection.
No sign shall be constructed, erected, used, operated or maintained:
(a) Within 10 feet from the edge of the sidewalk closest to the property or within 15
feet from the edge of the road closest to the property where a sidewalk does not exist.
(b) Which is attached to or placed against a building in such a manner as to prevent
ingress or egress through any door or window of any building, nor shall any sign obstruct
or be attached to a fire escape.
(c) On the wall or fascia of any building on the National Register of Historic Places.
(d) No freestanding sign shall be located with in 25 feet of the point where the right-
of-way lines from two intersecting streets or roads meet.
Sec. 82-15. Requirements for all signs.
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(a) All signs shall comply with the following provisions:
(1) All permanent sign structures shall be constructed so as to comply with all
building codes applicable to the structure or their amendments unless specifically
exempted by the article.
(2) If a permanent freestanding sign requires a sign permit then the sign structure
must be a ground based monument sign structure, excluding wall signs.
(3) No sign shall be taller than 50 feet in non-residential districts, except as
specifically allowed elsewhere in this article, and not taller than 8 feet in residential
districts. The sign height shall be measured in a vertical plane from ground level to the
top of the sign. The level of the ground shall not be altered solely to provide additional
sign height.
(4) No illuminated signs shall be constructed within 100 feet of any single-family
dwelling.
(5) No illuminated sign shall produce more than 100 watts of light which shall be
directed away from adjacent property and the right-of-way.
-
10
Ordinance 2005-35
(6) All signs shall be maintained so as not to constitute a health or safety hazard as
defined by the rules and regulations of the Cobb County Board of Health.
-
(7) No sign shall be erected which blocks from view any traffic or street sign, signal
or public service sign as viewed from the right-of-way.
(8) No series, lines or rows of electric, neon or other lights shall be allowed, except
where expressly permitted under the terms of this article or any other ordinance enacted
by the governing authority.
(9) Any sign containing a commercial message may also contain a non-commercial
message.
(10) All free-standing signs may be internally illuminated or indirectly illuminated. If
internally illuminated, the background and body of the sign shall be of a darker color than
the letters of the sign.
(b) In addition to general regulations and restrictions applying to all sign classifications,
freestanding signs and wall or fascia identification signs shall comply as follows:
(1) Community Medical Facility, Planned Industrial Park or Planned Shopping
development identification.
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a. Areas designated as community medical facility, planned industrial park
or planned shopping development shall be permitted one (1) freestanding ground
based monument sign per development (community medical facility and planned
shopping center) or per lot (planned industrial park) with a 3 foot high brick
monument base being a maximum of 25 feet in height and the total area of each
sign face not exceeding 150 square feet. The sign height shall be measured in a
plane from ground level to the top ofthe sign.
1. This structure shall be a type of sign that will provide space for
all businesses in the center.
2. Individual signs qualifying as wall or fascia signs may be
permitted for individual businesses within the center. Square footage will
be determined by the following formula: 1 square foot multiplied by the
number of feet of building frontage the store occupies within the center.
The total permitted area may be increased at a rate of 15% for every 50
feet of building setback from the right-of-way. In no instance shall the
total sign area exceed 325 square feet. If the individual business has road
frontage on two or more public roadways, not including alley ways, the
business shall be permitted one wall or fascia sign on each public
roadway. (For example: if the business is located at a corner then the
business may have two wall or fascia signs.)
3. Sign letter height may not exceed 3 feet.
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(2) Commercial identification not within a Community Medical Facility, Planned
Industrial Park or Planned Shopping Development on property zoned: CBD, LC, NS, 01, GC,
OD, LI or PS
11
Ordinance 2005-35
a. Each building with road frontage on one public roadway, not including
alley ways, shall be permitted one (1) ground based monument sign with a
maximum area of 32 square feet and a maximum height of 8 feet. The ground
based monument sign shall be set on 3 foot high brick base. The brick base shall
be included in the computation of the total building height. The sign height shall
be measured in a plane from ground level to the top of the sign.
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b. Each business or building shall be permitted one (I) wall or fascia sign
with a maximum area of 40 square feet each for each portion of the building that
has frontage on a public roadway not including alley ways. If the individual
business has road frontage on two or more public roadways, not including alley
ways, the business shall be permitted one wall or fascia sign on each public
roadway. (For example: if the business is locate at a corner then the business
could have two wall or fascia signs not to exceed 40 square feet each.)
(3) Regulation and restrictions applicable to instructional signs.
a. Such signs shall contain only instructional information and shall not be
used for the purpose of business name and/or advertisement or contain a
commercial message.
b. Signs limited to traffic direction and services shall be limited to one (1)
at each vehicular entrance to the property.
(c) Freestanding signs shall be mounted perpendicular to the street adjacent to the property
and contain the street identification number. Plans for said signs shall be submitted to the
Community Development Department.
(d) No sign structure shall be erected that any portion of the sign structure is located directly
over any public right-of-way such that a plane originating from the right-of-way projecting up in
a 90 degree angle would intersect with any portion of the sign structure.
-
(e) Each sign structure located adjacent to a walkway shall be placed at least 10 feet above the
walkway on private property over which it is erected, and a distance not greater than 2 feet from
the face of the wall to which it is attached, measuring from the point of the sign nearest thereto,
nor shall any sign or part thereof extend nearer the curbline than 1 foot.
Sec. 82-16. Signs allowed in zoning districts.
If not otherwise stated, any sign not specifically allowed in a zoning district as provided under
this section or in a variance in existence as of as of October 17, 2005, shall be prohibited in that
district, except as otherwise provided for under this article.
(a) No signage other than house number, historic marker, original house designation, street
identification number, subdivision entrance/development sign, standard informational sign, real
estate sign, yard sale sign, ground based monument sign, or instructional sign shall be allowed on
any residential property/development in the city. No sign with the total area of each sign face
greater than what is permitted for each sign shall be allowed on any residential
property/development in the city.
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12
Ordinance 2005-35
1. Any literature packets, notices such as under contract, reduced price, new price
or other ancillary information on standard informational signs must be displayed within
the prescribed 32 square feet allowed for each sign face area.
-
2. There shall be at least a distance of 15 feet between the location of the sign and
the sides of the lot except that any lot that is less than 60 feet wide shall be allowed one sign
for that lot to be placed no closer than 10 feet from the side of the lot.
3. One yard sale sign may be displayed on the premises where a yard sale is being
held on the day of the sale only. The governing authority considers yard sale signs to be
a part of the incidental occupation of the residential property and not commercial activity
under this ordinance. The area of each yard sale sign face shall not exceed 8 square feet
and shall comply with all other provisions of this ordinance.
(b) The following signs shall be allowed within the nonresidential zoning districts in the city
unless otherwise specified herein:
1. Any sign allowed In a residential district except for subdivision
entrance/development signs.
-
2. Signs containing a commercial message with an area of each sign face not larger
than the square footage as determined in Section 82-15. Any sign containing a
commercial message may also contain a non-commercial message.
Temporary advertising signs, including banners, relating to the initial opening or
final closing of a business or service, provided the area of each sign face shall not exceed
32 square feet and shall not be closer than 20 feet to the pavement of any street or on any
public right-of-way. Such signs shall be approved by the Community Development
Department for a maximum period of sixty (60) days within a twelve (12) month period,
after which they shall be removed.
Sec. 82-17. Administration; enforcement; remedies; appeals.
(a) Enforcement and administration. This article shall be administered and enforced by the
Community Development Department, its designee, any code enforcement officer, or any other
personnel authorized by the governing authority.
(b) Remedies.
(1) A code enforcement officer, or other personnel authorized by the governing
authority, are authorized to issue a citation for violation of this ordinance, institute an
action for an injunction, remove the sign pursuant to Section 82-9, or proceed with other
appropriate action or proceeding to prevent the violation of this ordinance.
a. Any citation issued for violation of this ordinance shall be taken to the
municipal court of the City of Smyrna and prosecuted as any other criminal
citation within the municipal court.
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13
Ordinance 2005-35
b. Any suit for injunction filed on behalf of the governing authority as
authorized above shall be filed in a court of competent jurisdiction and
prosecuted as any other suit for injunction within that court as allowed by law.
-
(2) Any citation, injunction, or other appropriate action or proceeding to prevent the
violation of this ordinance may be taken against the owner or erector of the sign, the
owner of the property on which the sign is located, or any other person or entity that has
an ownership interest in the sign or property.
(3) Each day such violation is committed, or permitted to continue, shall constitute a
separate offense and shall be punishable as such.
(4) All remedies and penalties specified in this article are cumulative.
(e) Appeals.
(I) An individual whose sign has been removed pursuant to this ordinance, or whose
permit application has been denied, or a permitee whose permit has been revoked may
appeal the decision of the Community Development Department, its designee, a code
enforcement officer or other appropriate enforcement officer to the Mayor and Council
for a hearing on the removal of the sign, the denial of the sign permit application, or the
revocation of the sign permit, provided that such individual files a written notice of
appeal with the city clerk within ten (10) business days of the mailing of the Community
Development Department, its designee, or code enforcement officer's decision.
(2) Such appeal shall be considered by the Mayor and Council at its next regularly
scheduled meeting provided that such notice of appeal is received a minimum of five
business days prior to the meeting. In the event the notice of appeal is received less than
five business days prior to the next meeting of the Mayor and Council, the appeal shall be
considered within thirty-five (35) days after receipt by the city clerk of the written notice
of appeal.
-
(3) The code enforcement officer or other appropriate officer shall present evidence
before the Mayor and Council supporting the decision of removal of the sign, denial of
the permit application, or revocation of the sign permit at the hearing. The person
disputing the decision of the Community Development Department, its designee or code
enforcement officer or other appropriate officer may present evidence before the Mayor
and Council at the hearing. If no hearing concerning the appeal is held within thirty-five
days of receipt by the city clerk of written notice of appeal, the appeal shall be deemed
denied.
(4) The appeal hearing shall be conducted according to rules and procedures adopted
by the Mayor and Council for public hearings. The Mayor and Council shall determine a
ruling on the appeal within ten (10) business days of the appeal hearing and send written
notice to the appellant of the Mayor and Council's decision.
(5) In the event an individual whose sign has been removed, or whose permit has
been denied, or whose sign permit has been revoked is dissatisfied with the decision of
the Mayor and Council, that individual may petition for writ of certiorari to the superior
court as provided by law.
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14
Ordinance 2005-35
Sec. 82-18. Severability and Amendments.
-
(a) It is hereby declared to the be the intention of the governing authority that the sections,
paragraphs, sentences, clauses and phrases ofthe Sign Ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or
invalid by judgment or decree of any court of competent jurisdiction, the unconstitutional or
invalid phrase, clause, sentence, paragraph shall be struck and the remaining, phrases, clauses,
sentences, paragraphs, and sections shall be effective as if the unconstitutional or invalid portion
had not existed.
(b) If any provision of this article conflicts with any other provision of this article, any
provision of the applicable building codes or their amendments as adopted by the governing
authority, any other applicable ordinance, statute, or law, the provision that contains the more
stringent regulation shall be enforced.
Sec. 82-19 Effective date of this ordinance.
The effective date of this ordinance shall be immediately upon passage by the governing
authority. All ordinances and parts of ordinances concerning signs in conflict with this ordinance
are hereby repealed.
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.
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15
Ordinance 2005-35
Approved by Mayor and Council this 17th day of October, 2005.
Attest:
~<2-&/1It). ~~ffit;
S san D. Hiott, City Clerk
City of Smyrna
Approved as to form:
~k
&?c,tt A. Cochran, City Attorney
City of Smyrna
---.
16
-
,.
Wade S. Lnemc a, Mayor Pro Tern
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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:
Sec 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.
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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:
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A. Max Bacon, Mayor
~;/, .- v;/
j U1~'J: j], /(~
S san D. Hiott, City Clerk
'ty of Smyrna
Approved as to form:
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Scott A. Cochran, City Attorney
~e~~opterl October 17, 2005
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