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02-20-2006 February 20, 2006 February 20, 2006 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present except Council Member Scoggins. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, Acting City Attorney Al Cochran, Fire Chief Jason Lanyon, Public Works Director Scott Stokes, Deputy Police Chief Michael Brown, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett, Finance Director David Boyd, Executive Assistant Rosemary Rivera and representatives of the press. Invocation was given by Pastor Calvin Tibbs from International Gospel Outreach Church, followed by the pledge to the flag conducted by Boy Scouts of Troop 11. MAYOR'S REPORT: Ms. Kirk commended the Boy Scouts from Troop 11 for their volunteer efforts on various Keep Smyrna Beautiful (KSB) projects around the City. Mayor Bacon expressed appreciation to the Scouts for working to help make the City more attractive. Ms. Kirk stated the Scouts cleaned some 244 street signs throughout the City, and thanked them for their assistance. .. Council Member Wood read a Proclamation in Recognition of Anchor Club Youth Week to those present. Mayor Bacon recognized Campbell High School advisors and student members of the Anchor Club community service organization, and presented the Proclamation to them. Mayor Bacon thanked the Anchor Club members for their service to the community. Mayor Bacon made comments to those present concerning an article which appeared in the Bright Side newspaper recently. Mayor Bacon stated that no decision has been made regarding the proposal for construction of a Walmart store on the Belmont Hills property. Mayor Bacon stated there will be a meeting of the Smyrna Downtown Development Authority this Thursday for further discussion of this proposal. Mayor Bacon stated this meeting will be open to the public. Mayor Bacon stated that any proposal which entails use of the tax allocation district provisions must undergo review and approval at various levels before implementation is possible. Mayor Bacon pointed out that the Belmont Hills property has been a retail center for about fifty years, and under the guidelines of its existing zoning it is permissible for Walmart or any other retailing concern to build a store there. AGENDA CHANGES: Mayor Bacon stated that agenda items 4 Band 6A (Public Hearing - Rezoning Request Z06-003 _ R-15 to RAD Conditional- 2.308 acre tract - intersection of Medlin, Dunton, and Pickens Streets - Gallo Contracting, LLC and Approval of name change for apartment complex - 5000 S. Lincoln Trace Avenue) will be tabled until the March 6, 2006 council meeting. LAND ISSUES/ZONINGS/ ANNEXA nONS: (A) Public Hearing - Rezoning Request Z06-002 - R-15 to RAD Conditional - .688 acre tract - 2884 Anderson Circle - Anderson Circle Commons .. February 20. 2006 2 Mr. Wright stated the applicant seeks permission to rezone the subject tract for construction of three single-family residences at a density of 4.36 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) recommends approval of the proposal, and that staff supports the request with a number of conditions. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Jerome Martin, representing Anderson Circle Commons, LLC, and Mr. Martin provided details to those present regarding his background and the proposed use ofthe subject property. Mr. Martin stated each lot will have a driveway connecting to Anderson Circle. Mr. Martin provided details to those present concerning the design elements which the houses will feature. Mr. Martin stated the planned structures will each comprise approximately 3,000 s.f. Mr. Martin stated a variety of exterior finish materials will be used on the houses. Mr. Martin stated the planned dwellings will range in price from around $400,000 to $450,000 each. Mr. Martin showed the present officials a graphic representation of one of the planned structures. Mr. Martin requested that the side yard setback requirements promulgated by staff be amended from 7.5' with a minimum of 15' between buildings to 5' with a minimum of 10' between buildings. Council Member Wood asked Mr. Martin if this proposal entails demolition of the existing structure on the subject premises, and Mr. Martin answered in the affirmative. Council Member Lnenicka asked Mr. Martin if he is aware that his request for reductions in side yard setbacks and minimum building separation distances will necessitate additional fire prevention measures to be built into the houses, and Mr. Martin said no. Council Member Wood asked Mr. Martin ifhis proposed stipulation amendments were discussed before the PZB, and Mr. Martin answered in the affirmative. Council Member Smith asked Mr. Martin what would prevent him from building two houses on the subject property. Mr. Martin stated he believes construction of three houses on the subject property is the best use for that land. Mayor Bacon asked Mr. Martin if the other stipulations are acceptable, and Mr. Martin answered in the affirmative. Mayor Bacon recognized Mr. Miller, and Mr. Miller explained that staff has stipulated side yard setback requirements of 7.5' with a minimum of 15' between buildings. Mr. Miller stated the density of the proposed project is consistent with those of other recent developments in the subject area. Mr. Miller stated that Mr. Martin's plan should fit well with other developments in that part ofthe City. Council Member Newcomb expressed concern about some trees on the subject property which may have to be removed in connection with the planned construction. Mr. Miller stated that some recompense will have to be made for trees lost because of construction on this property. Mr. Miller stated that the builder will be asked to spare some large trees at the rear of the affected property. Mr. Martin stated that many trees on the subject property are currently in various stages of deterioration and are not likely to survive under any conditions. Council Member Smith asked if a retention pond will be required for this project, and Mr. Miller stated Mr. Hildebrandt will have to study the subject property and determine whether or not storm water management measures will be required. Council Member Lnenicka asked Mr. Martin ifhe would accept staff's recommended side yard setback requirements of7.5' with a minimum of 15' between buildings and request a variance at a subsequent time if any modification is needed, and Mr. Martin answered in the affirmative. Mr. Miller stated Mr. Martin could be allowed some flexibility as to side yard setback requirements with a 15' building separation, and Council Member Lnenicka indicated this may be acceptable. - MOTION: Council Member Wood made a motion to approve Rezoning Request Z06-002 from R-15 to RAD Conditional for a .688 acre tract at 2884 Anderson Circle for Anderson Circle Commons subject to the nine standard conditions as prescribed by the City staff and special conditions as follows: - February 20, 2006 3 Special Conditions 10. The development shall maintain the following setbacks: - Front - 25' from existing rights-of-way Rear - 20' Side - 5' minimum with a minimum of 15' between buildings Driveway length - 22' 11. Building setbacks along Anderson Circle shall be calculated from the existing right-of-way. 12. Five-foot wide sidewalks shall be constructed along Anderson Circle. 13. The final plat for the development shall include a right-of-way dedication of 10' along Anderson Circle per the City Engineer. 14. Each home will be a minimum of 2,500 s.f. in size. Council Member Wood asked Mr. Martin if the standard and special stipulations as discussed are acceptable, and Mr. Martin answered in the affirmative. Council Member Newcomb stated that condition #9 will include additional language to the effect that any genuine tree-saving opportunities on the subject property as identified by the City staff shall be pursued. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. (Clerk's Note: A list of conditions applicable to this rezoning request is appended hereto as Exhibit "B") - (B) Public Hearing - Rezoning Request Z06-003 - R-15 to RAD Conditional- 2.308 acre tract - Intersection of Medlin, Dunton, and Pickens Streets - Gallo Contracting, LLC Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member McNabb made a motion to table Rezoning Request Z06-003 from R-15 to RAD Conditional for a 2.308 acre tract at the intersection of Medlin, Dunton, and Pickens Streets for Gallo Contracting, LLC to the March 6, 2006 council meeting. The motion to table the measure was seconded by Council Member Newcomb. Motion was approved 6 - O. (C) Public Hearing - Rezoning and Zoning Amendment Request Z06-004 - previously rezoned RAD-C - Bank Street - Pritchard Properties, LLC Mr. Wright stated the applicant is requesting rezoning and a zoning amendment to add new five houses to a plan for eight houses previously approved for a total ofthirteen new single-family structures. Mr. Wright stated the revised plan calls for five more houses on an additional acre of property with no land use change needed. Mr. Wright stated staff recommends approval of the request subject to a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Frank Pritchard, and Mr. Pritchard provided details to those present regarding the proposed plan amendment. At Council Member Lnenicka's request, Mr. Pritchard showed those present a graphic representation ofthe plan under consideration. Mr. - February 20. 2006 4 Pritchard stated the fronts of the six houses along Bank Street will face Bank Street and that an alley at the rear of these structures will provide access to other lots. Council Member Lnenicka asked Mr. Pritchard if it is correct that all the stipulations approved initially will apply to the additional property. Mr. Pritchard asked if it is the city council's intent to eliminate construction of houses with elevations comprised entirely of Hardi-plank siding. Council Member Lnenicka stated it would be the council's preference that exclusive use of such horizontal siding be the exception rather than the rule. Mr. Pritchard expressed the view that allowing at least one house within the proposed development to be finished entirely in Hardi-plank siding could provide variation in the exterior appearance of the planned development. Council Member McNabb stated he would not be averse to such a structure as an exception. Council Member McNabb stated that eclectic building styles can help a development blend well with the surrounding community. Council Member Newcomb asked if the stream bank located near the proposed construction will be protected by State and City buffer requirements, and Mr. Miller answered in the affirmative. Council Member Wood asked Mr. Pritchard if the standard and special conditions as prescribed by staff for this rezoning and zoning amendment are acceptable, and Mr. Pritchard answered in the affirmative. - MOTION: Council Member Wood made a motion to approve Rezoning and Zoning Amendment Request Z06-004 on Bank Street for Pritchard Properties, LLC subject to standard conditions and special conditions. The motion was seconded by Council Member Smith. Motion was approved 6 - O. (Clerk's Note: A list of conditions applicable to this rezoning request and zoning amendment is appended hereto as Exhibit "C") (D) 1. Public Hearing - Rezoning Request Z06-006 - NAC to Moderate Density Residential- .485 Acre Tract - 3371 Old Concord Road - Leland Homes and Neighborhoods, LLC Mr. Wright stated the applicant has requested a rezoning and a zoning amendment to add a half- acre lot to the Concord Lake Village subdivision in order to build two additional single-family residences. Mr. Wright stated the additional property and structures would be accessed through the existing subdivision. Mr. Wright stated the overall density of the subdivision would remain unchanged at 4.02 units per acre. Mr. Wright stated PZB and staff recommend approval of the request with a number of conditions. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member McNabb recognized Mr. Mark Gibbs, representing Leland Homes (LH), and Mr. Gibbs provided details to those present concerning the proposed use for the subject property. Mr. Gibbs stated the subdivision includes an eclectic blend of architectural styles. Mr. Gibbs stated LH acquired the property at 3371 Old Concord Road, and plans to remove the existing structure to provide two lots for new construction. Mr. Gibbs stated he believes that most of the trees on the subject property can be preserved. 2. Annexation Request (100% of owners requestincf annexation) - .485 Acre Tract - Land Lot 381, Parcel 37, 17th District 2n Section - Old Concord Road - Leland Homes and Neighborhoods, LLC Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member McNabb made a motion to approve annexation request ofa .485 acre tract in Land Lot 381, Parcel 37, 1 ih District 2nd Section on Old Concord Road for Leland - February 20. 2006 5 Homes and Neighborhoods, LLC to become a part of Ward 4 with an effective date of March 1, 2006. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. - 3. Final Vote - Rezoning Request Z06-006 - NAC to Moderate Density Residential - .485 Acre Tract - 3371 Old Concord Road - Leland Homes and Neighborhoods, LLC MOTION: Council Member McNabb made a motion to approve Rezoning Request Z06-006 from NAC to Moderate Density Residential for a .485 acre tract at 3371 Old Concord Road for Leland Homes and Neighborhoods, LLC. The motion was seconded by Council Member Pritchett. Council Member Lnenicka stated approval is subject to stipulations as submitted and agreed upon with the applicant. Motion was approved 6 - O. (E) Public Hearing - Rezoning Request Z06-007 - R-15 to RAD Conditional - 3.164 acre - Grady and Powder Springs Streets - The Smyrna Project I, LLC Mr. Wright stated the applicant proposes to rezone the subject property for construction of thirteen single-family residences at a density of 4.11 units per acre with a land use change from low density residential to moderate density residential. Mr. Wright stated PZB has recommended approval of the rezoning request, and that staff supports the request with a number of conditions. Mayor Bacon recognized Mr. Parks Huff, an attorney representing The Smyrna Project I, LLC (TSP). Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. - Council Member Wood asked Mr. Huff to provide details to those present concerning the applicant's proposal for the subject property. Mr. Huff stated the proposed project is compatible with other nearby housing developments. Mr. Huff stated the builder will utilize the orientation of the structures on the property recommended by PZB. Mr. Huff stated the external finish materials planned for the structures conform to the guidelines set forth in standard condition # I. Mr. Huff stated the planned houses will have a projected selling price of $500,000 each. Council Member Lnenicka asked Mr. Huff if he is requesting the same modification to standard condition # I as Mr. Pritchard did earlier at this meeting, and Mr. Huff stated that such an amendment would be acceptable. Council Member Lnenicka asked Mr. Huff ifthe other standard and special conditions as prescribed by staff for this rezoning are acceptable to TSP, and Mr. Huff answered in the affirmative. Council Member Lnenicka stated some provision should be made for the residents of Lot I of this development to help make certain they can safely drive their vehicle(s) into the street. Mr. Huff stated the developer will try to position the driveway on Lot I in a manner which facilitates safe vehicle egress and ingress into the property and to provide a turn-around. At Council Member McNabb's request, Mr. Huff provided details to those present concerning the easement detailed in special stipulation # 19. Mr. Huff stated this easement will be about 10' in width. Council Member McNabb stated stipulation # 19 should be modified to specify that the 10' easement will be equally divided between Lots 9 and 10. Mayor Bacon recognized Mr. Mickey Adams, residing near the subject tract, and Mr. Adams inquired about measures to buffer his property from the proposed development. Mr. Miller stated the builder could plant some additional trees in the area, and that the plans for the project will be available for inspection. - Februarv 20, 2006 6 Mayor Bacon recognized Ms. Tracy Clark, residing at 1119 Powder Springs Street, and Ms. Clark expressed concerns about increased traffic in the subject area which could be generated by the proposed development. Ms. Clark expressed concerns about possible loss of trees which could result from the planned construction. Mr. Miller provided details to those present concerning the tree plan for the planned development. - Mayor Bacon recognized Mr. Woody Pierce, residing at 1050 Powder Springs Street, and Mr. Pierce expressed concerns about the width of the planned lots and the placement of driveways to connect to Powder Springs Street. Mr. Pierce expressed concerns about the impact of construction on a water course in the subject area. Mr. Hildebrandt stated the water source alluded to by Mr. Pierce has not been identified as State waters and there is no protection requirement. Mr. Huff stated a turn-around can be built on Lot 1. Mr. Adams expressed concerns about the placement of the detention structure planned for the development near his property and potential traffic problems in the affected area. Mayor Bacon stated detention structure design has improved in recent years and now includes landscaping. Mr. Huff stated the detention structure will be sodded and landscaped. Council Member Smith stated that water remains in a detention structure for only a short period of time after a rainfall. Council Member Smith stated the detention structure will be a 13,000 s.f. area of open wooded space. Council Member Smith stated that a row of Leyland cypress trees will screen the detention area from the adjacent property. Ms. Clark expressed concerns about children in the neighborhood inadvertently straying into the detention structure and asked if the structure should be enclosed. Mr. Hildebrandt stated that such a structure only holds water during significant rainfall when it is not likely that children will be outdoors. Mr. Hildebrandt stated the structure could be enclosed on three sides. Council Member Wood asked Mr. Huff if the standard and special stipulations as discussed and modified are acceptable to TSP, and Mr. Huff answered in the affirmative. Mr. Adams stated the proposed site of the detention structure is not the natural low point of the land there. Mr. Miller stated the builder can review the detention structure plan, but the location of the detention structure may not change. - MOTION: Council Member Wood made a motion to approve Rezoning Request 206-007 from R-15 to RAD Conditional for a 3.164 acre tract at Grady Street and Powder Springs Street for The Smyrna Project I, LLC subject to standard and special conditions as prescribed by staff and discussed at this meeting. The motion was seconded by Council Member Pritchett. Motion was approved 6 - O. (Clerk's Note: A list of special conditions and standard conditions applicable to this rezoning request is appended hereto as Exhibit "0") PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Approval of name change for apartment complex - 5000 S. Lincoln Trace Avenue Council Member Pritchett stated additional time is needed to study the proposed name change for this apartment complex. MOTION: Council Member Pritchett made a motion to table approval of name change for an apartment complex at 5000 S. Lincoln Trace Avenue until the March 6, 2006 council meeting. The motion was seconded by Council Member Newcomb. Motion to table the measure was -- February 20, 2006 7 approved 6 - O. (B) Appointments to Downtown Development Task Force for Mayor and Wards I -7 - Mayor Bacon stated a citizens task force has been previously utilized by the City to solicit opinions and advice from residents in regard to positive changes which may improve the community. Mayor Bacon stated the focus of the Task Force's efforts will be concentrated on the area from Spring Road to the part of Windy Hill Road which encompasses the tax allocation district. Council Member Pritchett nominated Scott Worthy, residing at 1188 Falling Waters Drive, and David Perry, residing at 3251 Isoline Drive, as Ward 1 representatives to the Downtown Development Task Force (DDTF). Council Member Newcomb nominated Elsie Rape, residing at 2218 Beech Valley Drive, and Pinky Gilbert, residing at 3315 Prestwick Place, as Ward 2 representatives to the DDTF. Council Member McNabb nominated Sean Murphy, residing at 1140 McLinden Avenue, and David Brown, residing at 3279 Lee Street, as Ward 4 representatives to the DDTF. Council Member Smith nominated Judy Iberg, residing at 845 Timberland Street, Mike Hyde, residing at 700 San Fernando Drive, and Ed Whittington, residing on Pine Hill Drive as Ward 5 representatives to the DDTF. - Council Member Lnenicka nominated Michael Anderson, residing at 3860 Glenhurst Drive, Wayne Waddell, residing at 3492 Vinings North Trail and Tom Laccetti, residing at 1900 Tecumseh Trail as Ward 6 representatives to the DDTF. Council Member Wood nominated Ken Nix, residing at 3878 Manson Avenue, Charyn Darby, residing at 4062 Honeysuckle Court and Buddy Purvine, residing at 3899 Green Forest Parkway as Ward 7 representatives to the DDTF. Mayor Bacon nominated Kevin Drawe, residing at 4040 Vinings Mill Court, Wenda II Dean, Residing at 3208 White Oak Circle and Pam Terry, residing at 3305 Dunn Street as the Mayor's representatives to the DDTF. MOTION: Council Member McNabb made a motion to approve appointment of the nominated persons to the Downtown Development Task Force. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. (C) Approval of Adoption of Budget for the 2005 Transportation Improvement Program Mr. Wright stated the proposed budget includes projects specified in the specialloeal option sales ta'( (SPLOST) referendum approved by Cobb County voters. Mr. Wright stated Smyrna's portion amounts to some $43,000,000 which covers a number of projects including landscape medians, bike paths, sidewalks, resurfacing and intersection improvements. Mr. Wright stated staff recommends approval of the proposed budget for the 2005 Transportation Improvement Program. - MOTION: Council Member Pritchett made a motion to approve the budget for the 2005 Transportation Improvement Program. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. February 20.2006 8 COMMERCIAL BUILDING PERMITS: (A) 7500 Square Foot Building - 3065 South Cobb Drive - Group VI Corporation, for Dr. Phillips Pediatric Office - MOTION: Council Member McNabb made a motion to approve a commercial building permit for a 7500 s.f. building at 3065 South Cobb Drive for Group VI Corporation for Dr. Phillips' Pediatric Office. The motion was seconded by Council Member Newcomb. Motion was approved 6 - o. CONSENT AGENDA: (A) Approval of February 6, 2006 minutes (B) Approval of use of Council Chambers by the Creatwood at Vinings Homeowners Association on Sunday, February 26, 2006 at 6:00 p.m. (C) Ratification and approval of purchase of property located 910 Church Street This land is located near the Church Street Center. (D) Approval of Use of Council Chambers for the Market Village HOA meeting on February 27,2006 at 7:00 p.m. 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 had no report. Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present regarding the recent Arbor Day activities in Smyrna. Ms. Kirk thanked the Parks and Recreation staff and the Community Center staff for their assistance with this event. Council Member Pritchett read to those present an award which was recently given to Ms. Kirk in recognition of her meritorious service to the City. Council Member Pritchett and Mayor Bacon thanked Ms. Kirk for her efforts on behalf of the City. Council Member Newcomb recognized Mr. Miller, and Mr. Miller had no report. Council Member Newcomb wished Council Member Scoggins a speedy recovery. Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present regarding Parks and Recreation Department facilities use statistics for the previous year. Mr. Ciaccio advised that a printed copy of this information will be available soon. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett stated a program of City events was distributed in the water bills this month, and that information is also available on the City website. Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning recent use statistics as well as current and upcoming programs and events for the City Library. - February 20.2006 9 Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present concerning positions for which the City is presently recruiting. - Council Member Lnenicka recognized Chief Lanyon, and Chief Lanyon provided details to those present concerning the fire department's annual progress and activity report. Chief Lanyon stated a training fire will be conducted on March 4 in the vicinity of King Springs Road. Council Member Lnenicka recognized Deputy Chief Brown, and Deputy Chief Brown provided details to those present regarding recent City police operations and recruitment and training of officers. Deputy Chief Brown stated that new in-car computers have been installed in some City police vehicles. Council Member Lnenicka stated there was a meeting of the Devonshire Court HOA on February 16. Council Member Lnenicka stated there will be a Creatwood at Vinings HOA meeting on February 26. Council Member Lnenicka wished Council Member Scoggins a speedy recovery. Council Member Wood recognized Mr. Boyd, and Mr. Boyd provided details to those present regarding the upcoming budget process. Council Member Wood stated he hopes Council Member Scoggins will be able to recover soon and return to his duties on the city council. Mayor Bacon recognized Ms. Hiott, and Ms. Hiott had no report. Mayor Bacon recognized Ms. Rivera, and welcomed Ms. Rivera to the City staff. CITIZENS INPUT: - There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 10:22 p.m. - February 20, 2006 A. MAX BACON, MAYOR ~~~~~ BILL S OGGINS, D 3 ~ ~._ j~JL- RON NEWCOMB, WARD 2 'rKf~frNiz(}& MICH EL McNABB, RD\t.... /J~ft-- WADE S. LNENICKA, WARD 6 10 - - - February 20, 2006 11 Rezoning Z06-002 Exhibit "B" - Standard Conditions (Requirements # 2, 3, 4, 5, 8, 9,10, and 17 from Section 1201 of the Zoning Code are not applicable) 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. 2. All utilities within the development shall be underground. 3. The developer shall be responsible for any traffic improvements (including additional right- of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. 4. No debris may be buried on any lot or common area. 5. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full- cutoff lighting". - 6. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 7. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. There shall be a landscaped front entrance, with monument, indicating the name of the development. 8. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 9. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or two 2" caliper and two 4" caliper trees, unless otherwise approved by the City's Arborist. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. Developer/builder will pursue any legitimate tree-saving opportunities identified on the property. - Februarv 20, 2006 12 Special Conditions 10. The development shall maintain the following setbacks: - Front - 25' from existing rights-of-way Rear - 20' Side - 5' with a minimum of 15' between buildings 11. Building setbacks along Anderson Circle shall be calculated from the existing right-of-way. 12. Five-foot wide sidewalks shall be constructed along Anderson Circle. 13. The final plat for the development shall include a right-of-way dedication of 10' along Anderson Circle per the City Engineer. 14. Each home will be a minimum of2,500 s.f. in size. Z06-004 Exhibit "C" Standard Conditions (Requirement #2, 8, and 17 from Section 1201 of the Zoning Code is not applicable) 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No more than two elevations shall be comprised of 100% lap siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. - 2. There shall be protective covenants with a mandatory homeowners association on all lots. These protective covenants shall be supplied to the City prior to the issuance of a building permit. 3. The developer shall provide at least 200 square feet of common space per lot. This common space shall be developed with improvements for the residential subdivision such as: gazebos, fountains, recreational/playground equipment or walking trails. The common space shall be controlled and maintained by the Homeowners Association 4. The detention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a 10% reduction in a 2-year to 100-year storm event. The City Engineer shall approve all plans. 5. All utilities within the development shall be underground. 6. The developer shall be responsible for any traffic improvements (including additional right-of- way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. The grass buffer may be waived if it is deemed unnecessary by the City Engineer. - February 20, 2006 13 7. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 20 feet. - 8. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 9. No debris may be buried on any lot or common area. 10. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full- cutoff lighting". 11. The developer will comply with the City's current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the developer during construction. 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 13. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 14. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or three 4" caliper trees, unless otherwise approved by the City's Arborist. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. - Special Conditions 15. The development shall maintain the following setbacks: Bank Street - 20' Proposed Road - 10' from the back of sidewalk Interior Side -7.5' Interior Rear - 15' Exterior Side (Lot 5) - 10' Exterior (Development's east, south, & west property lines) - 15' 16. Driveway - 22' minimum length from building face to edge of sidewalk. Each unit shall have a two-car garage. 17. The right-of-way along Bank Street shall be increased to 50 feet to match other residential road right-of-ways. Therefore a dedication of 5 feet is required. 18. The proposed private road right-of-way shall be 50 feet to match other residential road right-of- ways. The pavement radius for the cul-de-sac shall be 40 feet, per the request of the Fire Marshall. 19. A minimum pavement radius of 40' shall be provided for fire truck turnaround. 20. Homes adjacent to Bank Street and the new private street shall employ architectural features on the side elevations facing Bank Street so that they mirror the front elevations. - February 20, 2006 14 21. No outside storage shall be permitted, with the exception of firewood and lawn furnishings, or as otherwise prohibited in the protective covenants. 22. The developer shall provide as many homes as possible with a step-less entry. Each residence shall have doorways with a minimum clear width of32". - 23. The developer shall install a 5' tall black chain link fence to surround the rear and side of the property at 1130 Bank Street. This fence shall include both top and bottom support rails. 24. Joseph Bland shall be permitted by the developer to continue the same fencing to the corner of his east-side property line in the rear. 25. An evergreen buffer (species to be mutually agreed upon by Mr. Bland and the City) consisting of 8' to 10' trees installed in a staggered manner on 5' centers along east side adjacent to Mr. Bland's property. 26. The large oak tree dividing the subject parcel and 1102 Bank Street shall be removed at the developer's expense. Removal shall include stump grinding. 206-007 Exhibit "D" Standard Conditions (Requirements # 2, 8 and 17 from Section 1201 of the Zoning Code are not applicable) 1. The composition ofthe homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No more than two elevations shall be comprised of 100% lap siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. - 2. There shall be protective covenants with a mandatory homeowners association on all lots. These protective covenants shall be supplied to the City prior to the issuance of a building permit. 3. The developer shall provide at least 200 square feet of common space per lot. This common space shall be developed with improvements for the residential subdivision such as: gazebos, fountains, recreational/playground equipment or walking trails. The common space shall be controlled and maintained by the Homeowners Association. 4. The retention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a 10% reduction in a 2-year to 1 OO-year storm event. The City Engineer shall approve all plans. 5. All utilities within the development shall be underground. 6. The developer shall be responsible for any traffic improvements (including additional right-of- way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. - - - February 20, 2006 15 7. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of20 feet. - The development of any streets (including private) shall conform to the City's standards for public right-of-ways 8. 9. No debris may be buried on any lot or common area. 10. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full- cutoff lighting". 11. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. There shall be a landscaped front entrance, with monument, indicating the name of the development. 13. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 11. All sing]e-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or two 2" caliper and two 4" caliper trees, unless otherwise approved by the City's Arborist. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee E]m, and Village Green Zelkova. Other species may be used if approved by the City. Special Conditions 12. The development shall maintain the following setbacks: Front - 20' Rear - 20' Side - 5' with a minimum of 15' between buildings Driveway - 22' minimum length 13. Five-foot wide sidewalks shall be constructed along Grady Street, Grady Lane and Powder Springs Street. 14. The final plat for the development shall include a right-of-way dedication of 10' along Grady Street per the City Engineer. 15. Each home will be a minimum of 2,500 s.f. in size. 19. The development shall provide a pedestrian easement between lots 9 and 10 for a sidewalk connection between Grady Lane and any future developments to the east. This easement shall be 10' and shared equally by lots 9 and 10. 20. The developer shall provide a continuous row of trees to the rear of lots 1 - 3 in Grady Park and lots 2 - 4 along Powder Spring Street. These trees (Leyland Cypress, February 20, 2006 16 Cryptomeria, etc.) shall be intended to form a visual barrier. 21. A turnaround to enable cars to make a three-point turn shall be provided for the driveway planned for lot 1. - 22. The developer shall work with City staff to provide a landscaped detention facility with trees such as River Birch to form a visual barrier. - - ORDINANCE Al~"'NEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 381 Acres .485 2006-2 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent of the land described in Exhibit" A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on February 20, 2006 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and - NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A. " BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this 20th day of Febru"'V.2006 J? ~ --d A. Max Bacon, Mayor " t , I ... . f V/ (:;' ,/ / (}~lJj ~ '-,'I ;[~ ! i . , '\.'. ;,,~,;rL L/- Su~a~ b. Hiott, City Clerk City of Smyrna - J~ ~ &ott A. Cochran, City Attorney City of Smyrna - Ordinance #2006 - 2 Exhibit "A" 3371 OLD CONCORD ROAD LEGAL DESCRIPTION: ALL THAT TRACT OR PARCEL Of LAND LYING AND BEING LOCATED IN LAND LOTS 340 AND 381 Of THE 17TH DISTRICT, 2ND SECTION, COBB COUNTY GEORGIA, CONTAINING 0.4857 ACRES AND BEING MORE PARTICULARLY DESCRIBED AS fOLLOWS: TO ARRIVE AT THE TRUE POINT Of BEGINNING, COMMENCE AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT-Of-WAY LINE OF OLD CONCORD ROAD (50 fOOT RIGHT-Of-WAY), WITH THE NORTHWESTERLY RIGHT-Of-WAY LINE Of CONCORD ROAD (60 fOOT RIGHT-Of-WAY); THENCE CONTINUE ALONG THE NORTHEASTERLY RIGHT-Of-WAY LINE Of OLD CONCORD ROAD 147.81 fEET TO A REBAR fOUND AND THE TRUE POINT Of BEGINNING; THENCE CONTINUING ALONG THE NORTHEASTERLY RIGHT-Of-WAY LINE Of OLD CONCORD ROAD, NORTH 23 DEGREES, 28 MINUTES, 00 SECONDS WEST, 98.59 fEET - TO A REBAR PLACED; THENCE LEAVING THE NORTHEASTERLY RIGHT-Of-WAY LINE Of OLD CONCORD ROAD, NORTH 65 DEGREES, 22 MINUTES, 58 SECONDS EAST, 243.36 fEET TO A REBAR fOUND; THENCE SOUTH 01 DEGREES, 45 MINUTES, 18 SECONDS EAST, 97.60 fEET TO A REBAR PLACED; THENCE SOUTH 62 DEGREES, 59 MINUTES, 51 SECONDS WEST, 207.60 fEET TO A REBAR fOUND ON THE NORTHEASTERLY RIGHT-Of-WAY LINE Of OLD CONCORD ROAD AND THE TRUE POINT Of BEGINNING. ...