03-20-2006 March 20, 2006
March 20, 2006
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The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All
council members were present. Also present were City Administrator Wayne Wright, City Clerk
Susan Hiott, City Attorney Scott Cochran, Fire Chief Jason Lanyon, Public Works Director Scott
Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director
Steve Ciaccio, 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 and
representatives of the press.
Invocation was given by Pastor Ted Holley from Vinings First Baptist Church, followed by the
pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated that agenda item 4 A (Public Hearing - Rezoning Request Z05-033 - GC to
RAD Conditional- 5.55 Acre Tract - Camp Highland Road - SIR Properties, Inc.) will be
tabled until the April 17,2006 council meeting. Mayor Bacon stated that agenda item 4 D (Public
Hearing - Rezoning Request Z06-0 I 0 - R-15 to RAD Conditional- 3.03 Acre Tract Highland
Avenue - DGD Holdings, Inc.) will be tabled until the April 3, 2006 council meeting.
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MAYOR'S REPORT: Council Member McNabb recognized members of the Kipreos family,
and read a Proclamation in Recognition of Fat Boy's Restaurant to those present. Council
Member McNabb presented the Proclamation to the family. Mayor Bacon commented favorably
about Fat Boy's late founder Mr. Nick Kipreos, and wished the current owners continued success
in the operation of their business.
LAND ISSUES/ZONINGS/ ANNEXA nONS:
(A) Public Hearing - Rezoning Request Z05-033 - GC to RAD Conditional- 5.55 Acre Tract
- Camp Highland Road - SIR Properties, Inc.
Mayor Bacon asked if there is anyone present in connection with this rezoning request, and there
was no response.
MOTION: Council Member Wood made a motion to table Rezoning Request Z05-033 from GC
to RAD Conditional for a 5.55 acre tract on Camp Highland Road for SIR Properties, Inc. to the
April 17,2006 council meeting. The motion was seconded by Council Member Smith. Motion
to table the measure was approved 7 - O.
(B) Annexation Request (100% of owners requesting annexation) - .33 Acre Tract-
Land Lot 562, Parcel 25, 17th District, 2nd Section, 2510 Davis Drive - Gregg Smith
Mr. Wright stated the legal description furnished for the subject property has been reviewed by
the city engineer and found to be in order.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
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March 20. 2006
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MOTION: Council Member Scoggins made a motion to approve annexation request for a .33
acre tract in Land Lot 562, Parcel 25, 1 ih District, 2nd Section, 2510 Davis Drive for Gregg
Smith. The motion was seconded by Council Member McNabb. Motion was approved 7 - O.
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(C) Validation of Annexation Request (60% of owners requesting annexation) - 34.58 Acre
Tract Land Lots 332,333,388 and 389, 1 ih District, 2nd Section - Fontaine Road near
East/West Connector-Fontaine Lakes, LLC and Southeast Fontaine, LLC
Mr. Wright stated the legal description furnished for the subject property has been reviewed by
the city engineer and found to be in order.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
(Clerk's Note) The legal description ofthe subject property is as follows:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT
332,333,388, AND 389 OF THE 17TH DISTRICT, 2ND SECTION, COBB COUNTY,
GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A RIGHT OF WAY MONUMENT LOCA TED AT THE NORTHERN MOST
POINT OF THE INTERSECTION OF THE SOUTHERN RIGHT OF WAY OF THE EAST
WEST CONNECTOR (VARIABLE R/W) AND THE EAST RIGHT OF WAY OF FONTAINE
ROAD (VARIABLE R/W); THENCE NORTH 84 DEGREES 59 MINUTES 02 SECONDS
EAST, 5.36 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING;
THENCE NORTH 84 DEGREES 59 MINUTES 02 SECONDS EAST, 189.61 FEET TO A
POINT;THENCE NORTH 85 DEGREES 10 MINUTES 53 SECONDS EAST, 167.25 FEET TO
A POINT;THENCE NORTH 85 DEGREES 04 MINUTES 30 SECONDS EAST, 59.34 FEET
TO A POINT;THENCE NORTH 85 DEGREES 04 MINUTES 30 SECONDS EAST, 557.01
FEET TO A POINT:THENCE SOUTH 04 DEGREES 13 MINUTES 35 SECONDS EAST,
25.27 FEET TO A POINT;THENCE NORTH 85 DEGREES 36 MINUTES 48 SECONDS
EAST, 22.04 FEET TO A POINT;THENCE NORTH 05 DEGREES 26 MINUTES 55
SECONDS WEST, 25.48 FEET TO A POINT;THENCE ALONG A CURVE TO THE RIGHT,
AN ARC DISTANCE OF 226.40 FEET, SAID CURVE HAVING A RADIUS OF 1293.64 FEET
AND BEING SUBTENDED BY A CHORD OF 226.11 FEET, AT SOUTH 89 DEGREES 55
MINUTES 08 SECONDS EAST, TO A POINT; THENCE SOUTH 00 DEGREES 48 MINUTES
11 SECONDS EAST, 78.94 FEET TO A POINT;THENCE SOUTH 81 DEGREES 09
MINUTES 02 SECONDS EAST, 87.36 FEET TO A POINT; THENCE NORTH 09 DEGREES
35 MINUTES 59 SECONDS EAST, 80.50 FEET TO A POINT;THENCE ALONG A CURVE
TO THE RIGHT, AN ARC DISTANCE OF 186.73 FEET, SAID CURVE HAVING A RADIUS
OF 1293.64 FEET AND BEING SUBTENDED BY A CHORD OF 186.57 FEET, AT SOUTH
76 DEGREES 15 MINUTES 54 SECONDS EAST, TO A POINT; THENCE SOUTH 02
DEGREES 37 MINUTES 40 SECONDS EAST, 50.93 FEET TO A POINT;THENCE SOUTH
14 DEGREES 04 MINUTES 11 SECONDS WEST, 79.86 FEET TO A POINT;THENCE
SOUTH 45 DEGREES 57 MINUTES 46 SECONDS WEST, 84.99 FEET TO A
POINT;THENCE SOUTH 46 DEGREES 23 MINUTES 11 SECONDS WEST, 100.01 FEET TO
A POINT;THENCE SOUTH 35 DEGREES 55 MINUTES 31 SECONDS WEST, 100.00 FEET
TO A POINT;THENCE SOUTH 35 DEGREES 16 MINUTES 31 SECONDS WEST, 100.00
FEET TO A POINT;THENCE SOUTH 43 DEGREES 21 MINUTES 46 SECONDS WEST,
79.88 FEET TO A POINT;THENCE SOUTH 46 DEGREES 51 MINUTES 24 SECONDS
WEST, 70.06 FEET TO A POINT;THENCE SOUTH 10 DEGREES 36 MINUTES 19
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March 20, 2006
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SECONDS EAST, 83.33 FEET TO A POINT; THENCE SOUTH 10 DEGREES 46 MINUTES
43 SECONDS EAST, 52.42 FEET TO A POINT;THENCE SOUTH 20 DEGREES 52
MINUTES 40 SECONDS WEST, 382.75 FEET TO A POINT;THENCE ALONG A CURVE
TO THE LEFT, AN ARC DISTANCE OF 541.65 FEET, SAID CURVE HAVING A RADIUS
OF 1092.93 FEET AND BEING SUBTENDED BY A CHORD OF 536.12 FEET, AT NORTH
88 DEGREES 12 MINUTES 02 SECONDS WEST, TO A POINT; THENCE SOUTH 00
DEGREES 23 MINUTES 07 SECONDS EAST, 51.18 FEET TO A POINT;THENCE ALONG
A CURVE TO THE LEFT, AN ARC DISTANCE OF 743.16 FEET, SAID CURVE HAVING A
RADIUS OF 1042.93 FEET AND BEING SUBTENDED BY A CHORD OF 727.54 FEET, AT
SOUTH 56 DEGREES 36 MINUTES 10 SECONDS WEST, TO A POINT; THENCE SOUTH
33 DEGREES 49 MINUTES 34 SECONDS WEST, 154.32 FEET TO A POINT;THENCE
NORTH 89 DEGREES 34 MINUTES 16 SECONDS WEST, 115.23 FEET TO A POINT;
THENCE ALONG A CURVE TO THE LEFT, AN ARC DISTANCE OF 158.81 FEET, SAID
CURVE HAVING A RADIUS OF 1491.89 FEET AND BEING SUBTENDED BY A CHORD
OF 158.73 FEET, AT NORTH 16 DEGREES 38 MINUTES 37 SECONDS EAST, TO A
POINT;THENCE NORTH 13 DEGREES 35 MINUTES 39 SECONDS EAST, 597.14 FEET TO
A POINT;THENCE SOUTH 61 DEGREES 03 MINUTES 16 SECONDS EAST, 72.02 FEET
TO A POINT;THENCE NORTH 29 DEGREES 41 MINUTES 28 SECONDS EAST, 129.99
FEET TO A PPOINT;THENCE NORTH 61 DEGREES 03 MINUTES 16 SECONDS WEST,
109.40 FEET TO A POINT;THENCE NORTH 13 DEGREES 35 MINUTES 39 SECONDS
EAST, 7.20 FEET TO A POINT;THENCE SOUTH 76 DEGREES 24 MINUTES 21 SECONDS
EAST, 32.50 FEET TO A POINT;THENCE NORTH 13 DEGREES 35 MINUTES 39
SECONDS EAST, 37.60 FEET TO A POINT;THENCE NORTH 76 DEGREES 24 MINUTES
21 SECONDS WEST, 32.51 FEET TO A POINT;THENCE ALONG A CURVE TO THE LEFT,
AN ARC DISTANCE OF 521.14 FEET, SAID CURVE HAVING A RADIUS OF 1822.44 FEET
AND BEING SUB TENDED BY A CHORD OF 519.37 FEET, AT NORTH 05 DEGREES 14
MINUTES 41 SECONDS EAST, TO A POINT; THENCE NORTH 67 DEGREES44
MINUTES 35 SECONDS EAST, 103.46 FEET TO A POINT; THENCE NORTH 26 DEGREES
02 MINUTES 26 SECONDS WEST, 96.66 FEET TO A POINT; SAID POINT BEING THE
POINT OF BEGINNING;
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LESS AND EXCEPT LAND CONTAINED WITHIN NORTH COOPER LAKE ROAD (40'
R/W); SAID TRACT OR PARCEL CONTAINS 34.58 ACRES.
MOTION: Council Member Wood made a motion to approve validation of annexation request
for a 34.58 acre tract in Land Lots 332,333,388 and 389, 17th District, 2nd Section at Fontaine
Road near East/West Connector-Fontaine Lakes, LLC and Southeast Fontaine, LLC and set a
public hearing date of April 17,2006. The motion was seconded by Council Member Pritchett.
Motion was approved 7 - O.
(D) Public Hearing - Rezoning Request 206-010 - R-I5 to RAD Conditional- 3.03 Acre
Tract Highland Avenue - DGD Holdings, Inc.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Scoggins made a motion to table Rezoning Request 206-010 from
R-15 to RAD Conditional for a 3.03 acre tract on Highland Avenue for DGD Holdings, Inc. until
the April 3, 2006 council meeting. The motion was seconded by Council Member McNabb.
Motion to table the measure was approved 7 - O.
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March 20, 2006
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(E) Public Hearing - Rezoning Request Z06-0 11 - R-15 to RAD Conditional - .74 Acre
Tract - Whitfield Street and Whitfield Court - Bell Oak Capital, LLC
Mr. Wright stated the applicant has requested rezoning of the subject tract in order to
accommodate five single-family structures, to include an existing structure, at a density of
6.76 units per acre. Mr. Wright stated the rezoning as proposed would require a land use change
from moderate density residential to high density residential. Mr. Wright stated the Planning and
Zoning Board (PZB) and staff have recommended approval ofthe request subject to a number of
conditions.
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Mayor Bacon recognized Mr. Scott Bryant from Bell Oak Capital, LLC (BOC) and Mr. Kevin
Cowart.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
At Council Member Scoggins' request, Mr. Bryant provided details to those present concerning
BOC's plans for the subject property. Mr. Bryant stated that, based on comments from PZB and
residents of the affected area, the plans for this property were changed to include preservation and
remodeling of the existing structure in addition to construction of some new ones. Mr. Bryant
stated this change in plans is expected to result in better tree conservation and better overall
orientation of the structures on the subject property. Council Member Scoggins asked Mr. Bryant
what the projected selling prices ofthe new homes will be, and Mr. Bryant stated the new
structures will have selling prices of more than $350,000 each. Council Member Scoggins asked
Mr. Bryant if BOC is agreeable to the conditions of rezoning for the subject property as
formulated by staff, and Mr. Bryant answered in the affirmative.
MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z06-0I1
from R-I5 to RAD Conditional for a .74 acre tract at Whitfield Street and Whitfield Court for
Bell Oak Capital, LLC, subject to the stipulations formulated by staff. Council Member McNabb
commended the applicant's responsiveness to input from the PZB and residents. Council
Member McNabb stated that preservation and remodeling ofthe existing structure in addition to
construction of some new homes is an innovative approach. Council Member Newcomb stated
he does not want to support any increase in the future land use plan to high density residential.
Council Member Wood asked Council Member Scoggins if the motion includes standard
conditions 1 through 12 and special conditions 13 through 16, and Mr. Scoggins answered in the
affirmative. At Council Member Newcomb's request, Mr. Bryant provided details to those
present concerning BOC's plans for tree preservation on the subject property. Motion was
approved 7 - O. (Clerk's Note: A list of conditions of this rezoning are appended hereto as
Exhibit "B")
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(F) Public Hearing - Rezoning Request Z06-0I2 - R-I5 to RAD Conditional- 1.27 Acre
Tract - Bank Street - Pritchard Properties, LLC
Mayor Bacon stated the applicant has not yet arrived and that for this reason no action will be
taken on this rezoning request at this time.
PRIVILEGE LICENSE:
There were none.
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March 20, 2006
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FORMAL BUSINESS:
(A) Approval of name change for apartment complex - 5000 S. Lincoln Trace A venue
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Mr. Wright stated Mission Residential, LLC has submitted a request to change the name of the
Lincoln Trace Apartments, located in the vicinity of 5000 Lincoln Trace A venue SE, to Mission
at Galleria. Mr. Wright stated the request has been reviewed by the Fire Marshal, Building
Inspector and the City Engineer.
MOTION: Council Member Pritchett made a motion to approve a name change for the Lincoln
Trace Apartments, located in the vicinity of 5000 Lincoln Trace Avenue SE, to Mission at
Galleria. The motion was seconded by Council Member Newcomb. Motion was approved
7 -0.
(B) Extension of Recycling Services Contract with BFI Waste Services
Mr. Wright stated extension of the recycling services contract with BFI Waste Services (BFI) for
one year until December 31, 2006 is proposed at the current rate of $2.48 per house per month
plus a fuel surcharge of five cents per residence. Mr. Wright stated staff recommends renewal of
the contract as proposed.
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MOTION: Council Member Pritchett made a motion to approve extension of the existing
agreement for recycling services with BFI Waste Services for a period of one year with a renewal
option for an additional year. The motion was seconded by Council Member Wood. Council
Member Newcomb asked if BFI has been responsive to inquiries regarding service issues. Mr.
Wright stated BFI has been responsive to inquiries, and that a policy exists with provisions for
deduction of costs if residential collection is not attended to a certain number of times each
month. Mr. Wright expressed the view that this policy is an incentive for BFI personnel to be
diligent in the discharge of their duties. Motion was approved 7 - O.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of March 6, 2006 Minutes
(B) Bid award Bid # 6021
Public Works requested bids for a replacement Bucket Truck for traffic signal repair and
maintenance. Seven vendors were solicited for bids with two vendors responding as
follows:
O. G. Hughes & Sons, Inc. $70,689.00
Peach State Ford Trucks $70,124.00
Public Works Staff and Purchasing have reviewed the bid submittals and recommend bid
award to lowest bidder Peach State Ford Trucks for $70,124.00
(C)
Bid Award - 2006 Street Resurfacing
This contract is for the resurfacing of more than 60 streets in the City.
Four bids were received:
AP AC-Southeast $2,014,285
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March 20. 2006
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Bankhead $ ] ,81 ],] 15
CW Matthews $],707,060
Stewart Brothers $2,341,000
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This is a unit price bid. Additional streets were included in the bid package due to
anticipated additional LARP funding. Some streets will be removed from the list to meet
the budgeted amount of $1.1 million. The City Engineer has reviewed the bids and
recommends that the contract be awarded to CW Matthews Contracting Company, Inc.
(D) Approval to advertise for the abandonment of a portion of an alley off of Walker Court
The rezoning application for 2.00 acres on Walker Court by Vinings Construction
anticipates development where an old City alley is currently located. If this conditional
zoning is approved, the alley would need to be abandoned. Approval to advertise this
abandonment by Mayor and Council is recommended.
(E) Approval to donate surplus computers to Belmont Hills Elementary School for use in
their classrooms
These computers became surplus as a result of having been replaced with new more
capable computers this past fall. The IS department has reloaded the original system
software that was purchased with the computers, thus removing any information that
existed on them when in use by the city. The principal of Belmont Hills Elementary was
contacted and is interested in using these computers in classroom for base computer skill
training. These computers, while not capable of running the current suite of software the
city uses, are still capable of the basic tasks required in the classroom. Approvalofthis
donation is recommended.
(F)
Approval of abandonment of sanitary sewer easement
An old unused sanitary sewer easement exists onWhitfield Street at the Valley Woods
Apartments. The property owner is requesting abandonment of the easement. Public
Works has reviewed the plat and field verified the sewer system and can find no reason
to retain the entire 800 sq. ft. of old sewer lift station easement. It is recommended
Mayor and Council approve the reduction of sanitary sewer easement as recorded in deed
book] 032, pg. 427 from 800 sq. ft. to ] 00 sq. ft. with all plating and recording to be the
responsibility of the land owner.
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(G) Approval of application for Edward Byrne Memorial Justice Assistance Grant
This grant is a LLEBG Program sponsored by the Bureau of Justice Assistance. It is
being submitted for approximately $15,000 of grant monies for computer technology to
deal with computer forensic examination, Internet crime investigations, and other
technological expenses. No matching money is due from the City. Approval is
recommended.
(H) Approval of acquisition of3209 Highland Drive, Smyrna, Georgia and allocation of
funds for the acquisition through the FEMA Flood Acquisition Program, and approve a
deed restriction on the subject property to prevent any further structures to be built
thereon
(I) Approval of $] 5,000 expenditure for Downtown Development consultation services from
the Urban Land Institute
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March 20. 2006
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MOTION: Council Member Wood made a motion to approve the consent agenda. The motion
was seconded by Council Member Smith. Motion was approved 7 - O.
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COMMITTEE REPORTS:
Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those
present concerning recent Public Works Department projects.
Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk congratulated the members of the
Williams Park neighborhood association for their recent efforts to enhance and improve the
appearance of their community. Ms. Kirk stated the Keep Smyrna Beautiful (KSB) staff can
provide some assistance with projects of this type, and encouraged citizens to contact KSB if they
have any questions regarding neighborhood enhancement plans. Ms. Kirk thanked Mr. David
Brown for his service to the community. Council Member Lnenicka stated the residents of Paces
Ferry North have requested assistance with improving the entrance area of their neighborhood on
Atlanta Road, and that they will be contacting KSB regarding this.
Council Member Pritchett thanked Chief Lanyon and everyone else who assisted with the recent
dedication ofthe new Fire Station 3 building.
Council Member Newcomb recognized Mr. Miller, and Mr. Miller provided current City building
statistics to those present.
Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details to those present
regarding recent City court operations.
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Council Member McNabb recognized Ms. Bennett, and Ms. Bennett reminded those present that
the annual City events calendars were recently disseminated in City water bills. Ms. Bennett
provided details to those present concerning upcoming City events. Mayor Bacon commented
favorably about the recent St. Patrick's Day celebration held in the downtown area.
Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those
present concerning recent and upcoming programs and events at the City Library.
Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those
present regarding upcoming Parks and Recreation Department activities and events. Council
Member McNabb commented favorably about the recent St. Patrick's Day celebration held in the
downtown area.
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 Smith commented favorably about the recent St. Patrick's Day celebration held
in the downtown area.
Council Member Lnenicka commended Chief Lanyon for the grand opening ceremony recently
held at the new Station 3 building, and congratulated him on the birth of his first child.
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Council Member Lnenicka recognized Chief Hook, and Chief Hook provided details to those
present regarding efforts to recruit new officers. Chief Hook stated Captain Zgonc recently
graduated from the National Academy program at the FBI Academy in Quantico, Virginia. Chief
Hook provided details to those present concerning recent City police operations.
March 20, 2006 8
Council Member Lnenicka stated he recently met with members of the Oakridge Estates HOA
and the Vinings Forest HOA and expressed appreciation to those citizens for their interest in the
community. Council Member Lnenicka stated the Smyrna American Legion Post 160 will host
the Sentimental Journey Orchestra, and provided details to those present concerning this -
upcoming event. Council Member Lnenicka expressed condolences to the family of Mr. David
Levine for the recent loss ofMr. Levine's mother. Council Member Lnenicka thanked Mr.
Levine for the assistance he provides with Spanish language translation.
Council Member Wood recognized Mr. Boyd, and Mr. Boyd stated the budget process is
underway and proceeding as planned. Mr. Boyd stated a new City utility billing system is in
place and functioning well.
Mayor Bacon thanked Chief Lanyon for the grand opening ceremony recently held at the new
Station 3 building.
LAND ISSUES/ZONINGSI ANNEXATIONS (Continued):
(F) Public Hearing - Rezoning Request Z06-0 12 - R-15 to RAD Conditional- 1.27 Acre
Tract - Bank Street - Pritchard Properties, LLC
Mr. Wright stated the applicant proposes to rezone the subject tract for construction of five
single-family residences at a density of 3.94 units per acre with a corresponding land use change
from medium density residential to moderate density residential. Mr. Wright stated PZB and
staff have recommended approval of the rezoning request subject to a number of conditions.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
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Council Member Scoggins recognized Mr. Pritchard, and Mr. Pritchard provided details to those
present concerning the plans Pritchard Properties, LLC (PPL) has for the subject property. Mr.
Pritchard stated the project presently under consideration is intended to be an extension of
Parkview Village phases I, II and III. Mr. Pritchard stated the new structures planned for this
property will feature larger lots than those of earlier phases and will have higher selling prices.
Mr. Pritchard stated three of the new structures will feature detached garages. Mr. Pritchard
stated plans have been made to protect existing trees on the subject property. Mr. Pritchard stated
PPL will accept the conditions of rezoning formulated by staff. Mr. Pritchard stated PPL plans to
save a large number of trees on the subject property and for this reason a waiver oftree
recompense requirements is requested in this case. At Council Member Scoggins' request,
Mr. Miller read the special conditions of this rezoning request into the record as follows:
Special Conditions
13. The development shall maintain the following setbacks:
Front - 30' (measured from existing right of way)
Side - Zero with 15' between buildings
Exterior Side (Lot 5) - 10'
Rear - 30'
14. Driveway - 22' minimum length from building face to edge of sidewalk. Each unit shall
have a two-car garage.
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March 20, 2006
9
15. 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.
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Council Member Scoggins asked Mr. Pritchard if PPL will accept the conditions of rezoning as
formulated by staff, and Mr. Pritchard answered in the affirmative. Council Member Scoggins
asked Mr. Pritchard what the projected selling prices of the new homes will be, and Mr. Pritchard
stated the new structures will have selling prices of approximately $750,000 each. Council
Member Smith suggested that the orientation of the proposed garages be changed to give the
development a potentially better streetscape. Mr. Pritchard stated the houses are planned in such
a way as to provide a large back yard area. Mr. Pritchard provided details to those present
concerning design of garages in order to provide adequate turning space and access. Mr.
Pritchard stated other design options can be considered.
MOTION: Council Member Smith made a motion to table Rezoning Request Z06-012 from
R-15 to RAD Conditional for a 1.27 acre tract on Bank Street for Pritchard Properties, LLC in
order to further review the development proposal. Mayor Bacon stated this motion was not
seconded and was not approved.
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Council Member McNabb asked Mr. Pritchard if any of the planned houses will feature a master
bedroom on the main floor, and Mr. Pritchard said some other houses across the street will feature
master bedrooms on the main floors. Mayor Bacon asked Mr. Pritchard if a house plan featuring
a master bedroom on the main floor could be built in any of the new structures if requested by a
prospective buyer, and Mr. Pritchard answered in the affirmative. Council Member Lnenicka
asked Mr. Pritchard how future residents of the proposed development will safely enter Bank
Street from their houses in their vehicles, and Mr. Pritchard provided details to those present
regarding the manner in which the driveways may be configured. Council Member Newcomb
stated the density of the proposed project is reasonable. Council Member Newcomb stated he is
concerned about the impact of garage placement on the streetscape of the proposed project and
any increase in impervious surface which could result from more pavement. Council Member
Newcomb expressed the view that PPL is making a real effort to preserve old trees on the subject
property, and said he agrees that Mr. Pritchard should be allowed an adjustment on the normal
tree recompense requirements in this particular case.
MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z06-012
from R-15 to RAD Conditional for a 1.27 acre tract on Bank Street for Pritchard Properties, LLC.
The motion was seconded by Council Member Newcomb. Council Member Smith stated he likes
PPL's proposal for the subject property, but he has some concerns about the possible appearance
of the project if it is built according to the current plans. Motion was approved 6 - 1, with
Council Member Smith in opposition.
CITIZENS INPUT:
There was none.
ADJOURNMENT:
With no further business, the meeting was adjourned at 9:02 p.m.
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March 20, 2006
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CHARLES PETE WOOD, WARD 7
10
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i.{{<l/? !:. . i... " ,.t:'
sUSAN D. HIOTT, CITY CLERK
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RON NEWCOMB, WARD 2
Wl~ J11~ V1J~
~AEL McNABB, ~-
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WADE S. LN NICKA, W ARD 6~
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March 20, 2006
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Z06-0 11
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Exhibit B
Standard Conditions
(Requirements #2, 4, 8, 9, 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. 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 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.
4. All utilities within the development shall be underground.
5.
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 min imum 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.
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6. The development of any streets (including private) shall conform to the City's standards for
public right-of-ways.
7. No debris may be buried on any lot or common area.
8. 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".
9. 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.
10. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances.
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II.
All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
March 20, 2006
12
12.
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.
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Special Conditions
13. The development shall maintain the following setbacks:
Front (Lot 1) - 10' (to accommodate a wrap-around porch)
Front (Lots 2-5) - 15'
Side - Zero with 10' between buildings
Exterior Street Side - 30' (as measured from existing r.o.w)
Exterior Side - 5'
Rear - 15'
14. Driveway - 22' minimum length from building face to edge of shared drive. Each unit shall
have a two-car garage.
15. The right-of-way along Whitfield Street shall be increased to 50 feet to match other
residential road right-of-ways. Therefore a dedication of 10 feet is required. The 30' street
side yard setback will be measured from the existing right-of-way line.
16. Minimum house size shall be 2,000 square feet.
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--
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
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Ordinance Number
Land Lot 562
Acres .33
2006-4
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent ofthe land described in Exhibit "A" attached
hereto have been notified of the City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on March 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 ofthe area to be annexed and ofthe citizens ofthe municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
...
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A. "
BE IT ALSO ORDAINED that the Official Map ofthe City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council ofthe City of Smyrna, this
March, 2006
day of
A. Max Bacon, Mayor
" ~
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Susan D. Hiott, City Clerk
City of Smyrna
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Scott A. Cochran, City Attorn
City of Smyrna
Ordinance 2006-4
Exhibit "A"
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Legal Description - Land Lot 562, Parcel 25 - 2510 Davis Drive
All that tract or parcel of land lying and being in Land Lots 519 and 562 of the 1 ih
District, 2nd Section of Cobb County, Georgia and being more particularly described as
follows:
Beginning at a point on the west side of Davis Drive which is 215 feet north of the
intersection of the west side of Davis Drive with the north side of Hawthorne Avenue;
and running thence west for a distance of 140 feet to a point and corner; thence running
north for a distance of 70 feet to a point and corner; thence running east for a distance of
140 feet to a point and corner located on the west side of Davis Drive; thence running
south along the west side of Davis Drive for a distance of 70 feet to the point of
beginning. Being all of Lot No.3, Henry Adams property as shown on a plat recorded in
Plat Book 9, Page 106, Cobb County Records.
The above description being in accordance with a blueprint of survey prepared by E. L.
Chapman, C. E., under date of November 27, 1952.
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Being the same property conveyed to Bobby Lee Stoyle and Lena Stoyle by warranty
deed, filed September 12,1959 in Deed Book 511, Page 238, Cobb County Records, and
being a house and lot located at 2510 Davis Drive, Smyrna, Cobb County, Georgia,
according to the present system of numbering houses.
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