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04-17-2006 April 17, 2006 April 17, 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. 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 Assistant Pastor Anthony Brogan from Crosspoint Presbyterian Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda item 4 F (Public Hearing - Rezoning Request Z06-0 18 - RM-12 to RHR Conditional- 8.84 acre tract - Valley Woods Apartments - Coro Realty Advisors, Inc.) will be tabled until a subsequent meeting. Mayor Bacon stated that agenda item 4 G (Public Hearing - Rezoning Request Z06-020 - R-15 and GC to RAD-Conditional- 2.17 acre tract - Land Lot 520 - Avalon Development Partners, LLC) will be tabled until the May 15,2006 meeting. Mayor Bacon stated that agenda item 4 H (Public Hearing - Variance Request V06-010 - Request to operate day nursery - 811 Church Street) will be withdrawn. MAYOR'S REPORT: .... Mayor Bacon recognized School Board Representative Curt Johnston, and Mr. Johnston introduced Principal Walter Gordon and students from King Springs Elementary School to those present. The students presented this month's character education word program to the assembly. Council Member Smith read a Proclamation in Recognition of Old South Barbeque to those present. Council Member Smith presented the Proclamation to Ms. L1ewallyn. Council Member Wood read a Proclamation in Recognition of James Michael West to those present. Mayor Bacon presented Mr. West with a brick from the original Smyrna Post Office building and the Proclamation. Mr. West thanked the City's officials, and stated he has enjoyed his many years of service with the Post Office. LAND ISSUES/ZONINGS/ ANNEXA nONS: (A) Rezoning Request Z06-01 and annexation - R-15 to RAD Conditional- 34.58 acre tract Fontaine Road near East/West Connector - Fontaine Lakes, LLC and Southeast Fontaine, LLC Mr. Wright stated the applicant seeks approval to rezone a 34.58 acre tract in order to build 81 single-family residences at a density of2.32 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) has recommended approval of the request, and that staff also recommends approval for rezoning to the R-12 Conditional zoning category subject to a number of conditions. - April 17. 2006 2 I. Public Hearing - Rezoning Request 206-00 I - R-15 to RAD Conditional- 34.58 acre tract - Fontaine Road near East/West Connector - Fontaine Lakes, LLC and Southeast Fontaine, LLC - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Mark Shaw, and asked Mr. Shaw to explain the proposal for the subject property to those present. Mr. Shaw provided details to those present concerning exterior finish materials and design features of the proposed structures. Mr. Shaw stated the development will feature amenities including a lake and open space comprising about 40% of the total land area. Mr. Shaw stated the common space for the development will feature walking trails and gazebos. Council Member Wood asked Mr. Miller for details concerning the subject property, and Mr. Miller stated the subject property is part of a larger tract of land. Mr. Miller stated there is a companion property located to the east of the subject tract which will be considered for rezoning at a subsequent time. At Council Member Wood's request, Mr. Miller read the special conditions of the rezoning request into the record as follows: Special Conditions 15. Minimum floor area shall be 2,200 square feet. 16. The shared driveways off of Fontaine Road shall be one-way. Per the Fire Marshall, rear alley pavement width shall be 20' to provide adequate fire truck access to the rear of each unit. The minimum curbline radius at the intersection of roads and rear alleys shall be 25' 17. A 20' landscape buffer shall be provided along the East-West Connector. This buffer may be either disturbed or undisturbed as the discretion of the Community Development Director and City Arborist. - 18. The applicant shall provide a guard rail at the end of North Cooper Lake Road. Another device or method may be utilized if approved by the city engineer. 19. The development shall maintain the following setbacks: Front - 22' from back of curb Side-3' (Minimum 10' Between Houses) Rear - 20' Driveway - 19' minimum length from building face to back of sidewalk 20. In accord with the traffic study submitted by the applicant, the developer shall be responsible for the costs and right-of-way dedications necessary to construct a northbound right turn lane at the intersection of Fontaine Road and the E-W Connector. 21. Gate entrances shall include adequate space to safely stack three automobiles. A turnaround shall also be provided to allow visitors who are denied entrance in to the subdivision a way to enter the exit lane. The developer will install an emergency gate access system, subject to approval by the City Fire Marshall. 22. All single-family residential lots shall provide the following at the time of certificate of occupancy: either two 3" caliper trees or one 2" caliper and one 4" caliper trees. The ... Apri] ] 7.2006 3 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. - Council Member Lnenicka asked what the size of the lots will be in the planned development, and Mr. Shaw stated they will be a minimum of 40' wide and 120' deep or 4,800 s.f. Council Member Lnenicka asked why the minimum side distance between structures is being reduced, and Mr. Shaw stated this change will allow the builder to build houses with larger footprints and facilitate placement of structures on the lots. Council Member Wood asked Mr. Shaw what the selling prices of the new houses will be, and Mr. Shaw stated the houses will have selling prices ranging from around $300,000 to over $400,000. Council Member Wood asked Mr. Shaw if staffs recommended rezoning category for the subject property of R-12 Conditional will be acceptable. Mr. Shaw stated R-12 Conditional zoning for the subject property will be acceptable provided this category allows the developer to build on the subject property according to plan. Council Member Newcomb asked Mr. Shaw if the roads in the subdivision will be privately maintained and built to public standards. Mr. Shaw stated that if a community is gated, the roads within it must be private and built to conditions and specifications for a public street. 2. Public Hearing - 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 - East/West Connector-Fontaine Lakes, LLC and Southeast Fontaine, LLC Mr. Wright stated the submitted legal description ofthe subject property has been reviewed by the City Engineer and was found to be in order. Mr. Wright stated the annexation application was validated at the March 20, 2006 council meeting. .... Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least one person by Mr. Cochran. Mayor Bacon recognized Ms. Gill Bass, residing at 204 Alexandria Way, and Ms. Bass expressed the view that annexation raises concerns regarding public safety and other services to be provided to the annexed area. MOTION: Council Member Wood made a motion to approve annexation request (60% of owners requesting annexation) for a 34.58 acre tract in Land Lots 332, 333,388 and 389, 1 ih District, 2nd Section at Fontaine Road near East/West Connector for Fontaine Lakes, LLC and Southeast Fontaine, LLC to become a part of Ward 7 of the City with an effective date of May I, 2006. The motion was seconded by Council Member Scoggins. Motion was approved 6 - 0, with Council Member Smith abstaining. 3. Fina] Vote - Rezoning Request 206-01 - R-15 to RAD Conditional - 34.58 acre tract- Fontaine Road near East/West Connector - Fontaine Lakes, LLC and Southeast Fontaine, LLC - MOTION: Council Member Wood made a motion to approve Rezoning Request Z06-0] from R-]5 to R-12 Conditional for a 34.58 acre tract at Fontaine Road near East/West Connector for Fontaine Lakes, LLC and Southeast Fontaine, LLC. The motion was seconded by Council Member Pritchett. Council Member Newcomb stated there is a statutory requirement for the City to make a plan for provision of services to areas to be annexed. Council Member Newcomb stated the comparatively limited dimensions of some of the lots in the planned subdivision are offset and balanced by the large buffer areas and amenities there. Council Member Wood stated the motion is subject to all special and applicable standard rezoning conditions. Council Member April!?,2006 4 Wood asked Mr. Shaw if the conditions of rezoning as specified are acceptable, and Mr. Shaw answered in the affirmative. Motion was approved 6 - 0, with Council Member Smith abstaining. (Clerk's note: A copy of special conditions and applicable standard conditions for this rezoning is appended hereto as Exhibit B) - (B) Public Hearing - Rezoning Request Z05-033 - GC to RAD Conditional - 6.06 Acre Tract - Camp Highland Road - SIR Properties, Inc. Mr. Wright stated the applicant proposes to build 18 single-family homes on the subject property at a density of 2.97 units per acre. Mr. Wright provided details to those present concerning various changes which the development plans for the subject tract have undergone over the past several months. Mr. Wright stated a stream was discovered on the property which necessitated additional plan changes. Mr. Wright stated staff recommends approval of the rezoning request subject to a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Council Member Wood recognized Mr. Kevin Moore, an attorney representing SIR Properties, Inc. (SIR), and Mr. Moore provided details to those present concerning the subject property. Mr. Moore stated the development plan as presented meets all State and City stream buffer requirements. Mr. Moore stated the stipulations of rezoning as formulated by staff are acceptable to SIR. Mr. Moore provided details to those present concerning exterior finish materials and design features of the planned structures. Mr. Moore stated the planned selling prices of the new houses will start at well over $400,000 and could possibly be higher. Council Member Wood asked Mr. Moore ifthe new houses will feature four-sided exterior finish materials. Mr. Moore stated elevations which meet the intent ofthe exterior finish materials stipulation will be submitted by SIR for review and approval. Council Member Lnenicka asked Mr. Moore if SIR will agree to an amendment of stipulation 1 concerning four-sided composition of structures to include additional language, and Mr. Moore answered in the affirmative. - Mayor Bacon recognized Mr. lody Wise, residing at 4810 Camp Highland Road, and Mr. Wise expressed concerns about placement of some structures near the stream buffer as shown on an illustration he stated he received from SIR. Mr. Moore stated a builder is allowed to cross a stream with a roadway. Mr. Moore stated the proposal includes some lots which are partially within the buffer, but the planned structures will not be. Mr. Miller provided details to those present concerning steps developers and City inspectors must take to make certain stream buffers are protected. Mayor Bacon recognized Ms. Mary Rose Barnes, and Ms. Barnes expressed a desire for a requirement for the existing structures on the property to be removed within 30 days of either closing or such time as the structures become vacant. Ms. Barnes asked if such a requirement is a standard condition of zoning, and Council Member Lnenicka said no. Ms. Barnes expressed a desire for an additional requirement for the builder to leave the premises in good general order at the end of each day during construction. .... April I? 2006 5 At Council Member Wood's request, Mr. Miller read the special conditions of the rezoning into the record as follows: ... Special Conditions 17. Minimum floor area shall be 2,800 square feet. 18. The development shall maintain the following setbacks: Front- 15' Side (interior) - Minimum 15' from wall face to wall face) Street Side - 25' Rear - 20' Driveway - 22' minimum length from building face to right-of-way 19. Any vacant buildings on the property shall be boarded within 30 days after the building is vacated. Council Member Wood asked Mr. Moore if SIR is agreeable to the special conditions and applicable standard conditions of the rezoning as specified and amended by staff, and Mr. Moore answered in the affirmative. Council Member Newcomb asked whether or not possible impact on the critical root zones (CRZ) of trees on adjoining properties has been discussed. Mr. Miller stated the Tree Ordinance does not cover CRZ on trees on adjoining properties, but that the City's arborist will be consulted in this matter and efforts will be made to protect trees where possible. - MOTION: Council Member Wood made a motion to approve Rezoning Request Z05-033 from GC to RAD Conditional for a 6.06 acre tract on Camp Highland Road for SIR Properties, Inc. subject to special conditions and applicable standard conditions of the rezoning as specified and amended by staff and as agreed upon by the applicant. The motion was seconded by Council Member Newcomb. Council Member Newcomb commended everyone who participated in this collective process which has resulted in a plan for the subject property which is acceptable to most. Motion was approved 7 - O. (Clerk's note: A copy of special conditions and applicable standard conditions for this rezoning is appended hereto as Exhibit C) (C) Public Hearing - Rezoning Request Z06-0 17 - R-15 to RAD Conditional- 10.97 acre tract - 4240 North Cooper Lake Road - Development Partners, LLC Mr. Wright stated the applicant is requesting rezoning of the subject property for construction of 30 single-family houses at a density of2.74 units per acre. Mr. Wright stated the PZB has recommended approval of the rezoning request, and that staff supports the proposal subject to a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. - Council Member Wood recognized Mr. Freeman, and Mr. Freeman provided details to those present regarding the plans which Development Partners, LLC (DP) has for this property. At Mayor Bacon's request, Mr. Freeman showed some conceptual illustrations of structures planned for this project to the present officials. Mr. Freeman stated he did draw up plans for the subject tract under R-15 guidelines, but concluded RAD Conditional would allow him to preserve more trees. Council Member McNabb asked Mr. Freeman ifDP will accept a stipulation for a April 17, 2006 6 landscape buffer along lots 1 and 28, and Mr. Freeman answered in the affirmative. Mayor Bacon recognized Mr. Kevin Moss, residing at 4241 North Cooper Lake Road, and Mr. Moss provided details to those present concerning the developer's proposal for reconfiguring his driveway in connection with the proposed project. Mr. Moss expressed concern that lights from vehicles in the adjacent street will be brought to bear on his premises. Mr. Moss expressed concerns about potential traffic safety problems in the subject area. Mr. Moss suggested alternative arrangements for configuring roads in connection with construction of the proposed project. Mr. Moss expressed the view that the development proposal as presented may have a negative impact on the value of his property. Mr. Moss stated he will be forced to back his car into a four-way intersection if the project is built as planned, and he will probably not continue to live there. Mr. Moss stated he may also be put in the position of having to observe the side of another house from his premises. - Mayor Bacon recognized Mr. Phil Mitchell, residing at 4100 North Cooper Lake Road, and Mr. Mitchell expressed concern about the potential impact ofthe spacing between the proposed houses on fire safety. Mr. Mitchell asked if the City will provide the level of fire protection which he believes the proposed development will need, and Mayor Bacon answered in the affirmative. Mr. Mitchell asked if a 10" water line, which he believes is necessary for adequate water pressure, will be extended into the new development. Mr. Hildebrandt stated the developer will be required to conduct a flow test to make certain there is adequate water pressure there. Mr. Hildebrandt stated the 10" line can be extended if necessary. Mr. Mitchell stated installation of a new line will probably disrupt part of his front yard. Mr. Hildebrandt stated the developer would have to pay for the water service improvements if they prove to be necessary. Mr. Mitchell expressed concerns about increased vehicular traffic on the streets in the subject area, and asked if there are plans to widen the streets. Mayor Bacon stated there are no plans to widen the roads and that such a plan, if put into effect, would likely encounter considerable opposition. Mr. Mitchell stated he recommends that the road in the subject area be widened. Mr. Mitchell asked ifthe planned houses will have fire sprinklers, and Mayor Bacon indicated he does not believe they will be required in this case. Mr. Mitchell stated he is a former fire marshal, and that he is concerned about fire safety at the planned development. - Mayor Bacon recognized Ms. Patricia Sprinkle, residing at 4510 Derby Lane, and Ms. Sprinkle expressed concerns about potential increases in traffic in the subject area which could be generated by the proposed development and other new development. Ms. Sprinkle expressed the view that too many houses are being built on North Cooper Lake Road. Ms. Sprinkle expressed the view that the surrounding neighborhood is not made up of $500,000 houses. Ms. Sprinkled expressed the view that houses spaced 15' apart do not constitute gracious living. Ms. Sprinkle expressed concern about trees lost to development. Ms. Sprinkle stated that development on North Cooper Lake Road should cease. Ms. Sprinkle expressed the view that the proposed houses are too large and for this reason they are not consistent with the surrounding community. Ms. Sprinkle expressed the view that many people are buying new houses in the subject area as speculative investments, and that this is not what she wants to see in her community. Mayor Bacon recognized Ms. Cheryl Carson, residing in Churchill Downs at 4701, and Ms. Carson stated she likes the development plan for the subject property as proposed. Ms. Carson commented favorably about the park component of the plan and the beneficial effect of saving many old trees there. Ms. Carson stated she supports the rezoning request. Ms. Carson noted that North Cooper Lake Road is a narrow street. -- April 17, 2006 7 Council Member Wood read the special conditions of the rezoning into the records as follows: Special Conditions - IS. The development shall maintain the following setbacks: Front - 15' Side - Zero with 15' between buildings Rear - 20' 16. The development shall be developed with a minimum lot size of 10,000 square feet. 17. Lots 29 and 30 on the eastern perimeter of the development shall face North Cooper Lake Road. Any other lots which abut North Cooper Lake Road shaH be shielded from the road via a landscaped birm. 18. Driveway - 22' minimum length from building face to edge of sidewalk. Each unit shaH have a two-car garage. 19. The right-of-way along North Cooper Lake Road shall be increased to 50 feet to match other residential road right-of-ways. Therefore a dedication of 5 feet is required along the section north of Nowlin Drive. 20. The developer shall realign Nowlin Drive with North Cooper Lake Road so as to create a four-way stop. Intersection improvements shaH be coordinated with and approved by the City Engineer. No additional right-of-way shall be required other than what is stipulated in #19. - 21. The developer shall stub sewer out to the northern property line. MOTION: Council Member Wood made a motion to approve Rezoning Request Z06-0l7 from R-15 to RAD Conditional for a 10.97 acre tract at 4240 North Cooper Lake Road for Development Partners, LLC subject to special conditions and applicable standard conditions as formulated by staff. The motion was seconded by Council Member Pritchett. Motion was approved 5 - 2 with Council Members Lnenicka and McNabb in opposition. (Clerk's note: A copy of special conditions and applicable standard conditions for this rezoning is appended hereto as Exhibit D) (D) Public Hearing - Rezoning Request Z06-0 19 - R-15 to RAD Conditional - 3.45 acre tract - 3600,3620, 3630 and 3670 King Springs Road - Clear Creek Development Mr. Wright stated the applicant is requesting to rezone the subject property for construction of 16 single-family houses at a density of 4.06 units per acre. Mr. Wright stated the request was approved for 12 structures by the PZB, and that staff recommends approval for 12 structures subject to a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. - Council Member McNabb recognized Mr. Parks Huff, an attorney representing Clear Creek Development (CCO), and asked Mr. Huff to explain the applicant's proposal for the subject property for those present. Mr. Huff stated the proposed density of 4.06 units per acre is April 17. 2006 8 consistent with the land use designation of the subject property. Mr. Huff stated the surrounding community of Sutherlin Park has a density of 4.12 units per acre, and that the density as proposed by CCD is consistent with that of this neighboring development. Mr. Huff stated his office has submitted a letter of agreeable stipulations to the City regarding this development dated March 29,2006. (Clerk's note: A copy of this communication is appended hereto as Exhibit G) Mr. Huff stated CCD is agreeable to all the special conditions and applicable standard conditions for the rezoning as formulated by City staff. Council Member McNabb asked Mr. Huff what the minimum size of the proposed structures will be, and Mr. Huff advised the houses will range in size from 2,700 s.f. to 3,200 s.f. Council Member McNabb asked Mr. Huff what the selling prices of the houses will be, and Mr. Huff stated they will sell for over $500,000 each. Council Member McNabb stated he has asked for a waiver of standard condition #7 in this case so that the entrance to the development will have an appearance consistent with those of existing communities on King Springs Road. Council Member Lnenicka asked if it is correct that units 1,2,3,4 and 14 will feature four-sided masonry architecture, and Mr. Huff answered in the affirmative. Mr. Huff stated that any siding used will be of a cementitious variety with accent features. Mr. Huff stated many of the structures will feature four-sided masonry architecture. Council Member Lnenicka asked who the builder for the project will be, and Mr. Huff stated the developer is presently working with Paramount Builders. - Mayor Bacon recognized Ms. Kristen Franzese, residing at 2624 Lynnhaven Lane, and Ms. Franzese expressed concerns about the impact of the proposed development on stormwater runoff in the subject area. Ms. Franzese expressed concerns about possible loss of trees which could come about as a result of the development. Mayor Bacon recognized Mr. Mark Nebel, residing at 504 Wakefield Court, and Mr. Nebel stated He would like to know what type of buffer measures are planned for the subject property. Mr. Nebel stated having some type of buffer between his property and the new development is important to him. - Mayor Bacon recognized Mr. George O'neal (phonetic), residing at lot 42, and Mr. O'neal expressed concerns about the impact of the proposed development on stormwater runoff in the subject area. Mr. O'neal stated he would like to see a tree buffer between his residence and the new development. Mayor Bacon recognized Ms. Belinda Reynolds (phonetic), residing at lot 40, and Ms. Reynolds expressed concerns about the impact of the proposed development on storm water runoff in the subject area. Ms. Reynolds expressed concerns about what type of buffer measures are planned for the development. Council Member McNabb asked Mr. Huff if CCD will agree to a stipulation requiring a 10' landscape buffer along the rear property line of the subject property, and Mr. Huff stated it is the goal of the developer to preserve as many trees as possible. Mr. Huff stated the stormwater management area will be a low-profile detention structure with landscaping. Council Member McNabb asked Mr. Hildebrandt in which direction the detention structure will drain, and Mr. Hildebrandt stated it will drain in the directions of Ms. Reynolds' property. Council Member McNabb asked Mr. Hildebrandt ifthere are plans to pipe the water or if it will be surface runoff, and Mr. Hildebrandt stated it is possible the water may have to be piped. Council Member Newcomb asked Mr. Miller to comment on the lot sizes of the proposed development. Mr. Miller stated the density of the proposed development is consistent with that of Sutherlin Park. Council Member McNabb stated the average lot size for the proposed development is about 8,000 s.f., and those of Sutherlin Park are about 9,000 s.f. each. Council Member McNabb asked Mr. - - 15. 16. 17. - 18. 19. 20. - April 17, 2006 9 Miller if allowing 14 houses for the proposed development is feasible, Mr. Miller answered in the affirmative. Council Member Lnenicka asked if it is correct that two of the planned houses will have a shared driveway, and Mr. Huff said yes. Ms. Reynolds expressed concerns about what she considers to be the small size of the buffer near her property. Ms. Reynolds asked what guarantee she has regarding stormwater management measures on the subject property. Mr. Huff stated CCD will collaborate with Mr. Hildebrandt on the design of the water detention structure on the subject property, and that CCD has a responsibility to make certain water runoff is not increased on the subject property. Mr. Huff provided details to those present concerning buffer measures for the planned development. Council Member McNabb read the special conditions of the rezoning into the record as follows: Special Conditions 14. The development shall maintain the following setbacks: Front - 15' Side - 5' with 15' between buildings Rear - 20' The development shall be developed with a minimum lot size of 8,000 square feet. Driveway - 22' minimum length from building face to edge of sidewalk. Each unit shall have a two-car garage. The developer shall be responsible for any additional right-of-way dedication to maintain a 25' distance from the centerline of King Springs Road. The proposed street bend shall have a minimum centerline radius of 100'. Lots 1, 2, 3, 4 will have entrance-style architectural elements on the garage side of the house and each will have four-sided finishes. The 10' landscape buffer along the rear property lines of lots 7, 8, 9, 10, 11, 12, 13 and 14 (adjacent to Sutherlin Park lots) will have a 10' landscape buffer and the landscape buffer will maintain all existing specimen trees in the landscape buffer. Mr. Huff stated the special conditions and applicable standard conditions are acceptable to CCO. MOTION: Council Member McNabb made a motion to approve Rezoning Request Z06-019 from R-15 to RAD Conditional for a 3.45 acre tract at 3600,3620,3630 and 3670 King Springs Road for Clear Creek Development be approved subject to the special conditions as read into the record and applicable standard conditions. The motion was seconded by Council Member Scoggins. (Clerk's note: A copy of special conditions and applicable standard conditions for this rezoning is appended hereto as Exhibit E) Council Member Newcomb stated he believes 14 structures are too many for the subject tract, and made a motion to amend the previous motion in order to approve the rezoning for a reduced total of 13 structures. The motion to amend the first motion was seconded by Council Member Lnenicka. Mr. Cochran asked if the amended motion is subject to all stipulations, and Council Member Newcomb said yes. Mayor Bacon stated it is his understanding that a vote on an RAD Conditional zoning is a vote on a plan as submitted. Council Member Newcomb stated the April 17, 2006 10 motion to amend the first motion entails a reduction in lots 1 through 6 to a total offive lots and such site configuration as submitted and approved by staff with all remaining portions of the site plan and stipulations remaining in effect. Council Member Lnenicka stated he withdraws his second of the motion to amend the original motion. Council Member Pritchett stated the council votes on a proposal as presented, and that anyone opposed to it can vote against it. Council Member Newcomb stated he believes there should be fewer houses built on more property, and that he will vote against this rezoning request. Council Member Smith stated the landscape plan submitted does not match the site plan, and suggested making a motion to table the rezoning request for further review. Mr. Miller stated the rezoning is site plan specific, and that the revised site plan can match the final set of standards. Mr. Miller stated it is possible to reduce the number of lots on a submitted plan. Mayor Bacon stated the motion to table measure was not seconded and has failed. - Council Member Lnenicka stated he would support approval of this rezoning request for 12 structures as recommended by staff, and expressed concerns about the plan as presented for approval. Mayor Bacon provided details to those present regarding opposition to Sutherlin Park at the time it was planned for construction. The original motion was approved 4 - 3, with Council Members Lnenicka, Newcomb and Smith in opposition. (E) Public Hearing - Rezoning Request Z06-0 16 - R-15 to RAD Conditional- 2.00 acre tract Walker Street - Vinings Construction Company, LLC Mr. Wright stated the applicant is requesting rezoning of the subject property for construction of 10 single-family houses at a density of 5 units per acre. Mr. Wright stated PZB has recommended approval of the rezoning for a total of 8 units, and that staff supports the rezoning for 8 units subject to a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. - Council Member Scoggins recognized Mr. Brian Sadler. Council Member Smith asked Mr. Sadler if houses 7,8 and 9 could be rearranged in a particular way on the subject property. The consulting engineer for Vinings Construction Company, LLC (VCC) provided details to those present concerning the extent to which the houses could be rearranged on the lots. Council Member Smith asked what the average size of the lots will be, and the engineer stated there are plans for 9 lots of about 6,200 s.f. each. The engineer provided details to those present concerning the development plan for the subject property. Council Member Smith pointed out that staff has recommended 8 units for the subject property. The engineer stated the plan for 9 structures meets the guidelines of the current land use plan for the subject property of 4.5 units per acre. Mayor Bacon recognized Mr. Don Porch, residing at 1469 Roswell Street, and Mr. Porch commented favorably about Mr. Sadler and expressed support for the rezoning request. Mayor Bacon recognized Ms. Cherace Ogletree, residing at 2798 Walker Court, and Ms. Ogletree expressed the view that nine structures is too many for the subject property. Mayor Bacon recognized Ms. Casey Clavin, residing on Roswell Street, and Ms. Clavin asked if it is correct that the development plans for the subject property include no cul-de-sac, and the engineer for VCC answered in the affirmative. Ms. Clavin commented favorably about Mr. Sadler, and expressed a wish for stipulations for this rezoning request requiring four-sided - April 17,2006 11 architecture and the facades on existing streets to be on the fronts ofthe houses. - Mayor Bacon recognized Mr. Ron Davis, residing at 1351 Roswell Street, and Mr. Davis stated he would prefer not to see brick pavers used at this location. Mr. Davis stated he would also like to see vacant structures on the property secured in a timely manner. Mayor Bacon recognized Mr. Stefano, residing on Walker Street, and Mr. Stefano expressed concerns about traffic problems and deteriorated houses in the subject area. Mr. Stefano stated quality development is needed in the subject area, and asked the council to approve this rezoning request. Mr. Stefano stated he would like to see any vacant structures on the property secured in a timely manner. Mayor Bacon recognized Mr. Bennett Cohn, residing at 1450 Whitfield Street, and Mr. Cohn expressed concerns about high-density development in the City. Mr. Stefano expressed the view that higher-priced houses are more saleable. Council Member Scoggins pointed out to Mr. Cochran that street names appear to be incorrect on the submitted plan. Mr. Cochran noted the observation, and advised there is no reason not to proceed with the hearing. Council Member Scoggins asked Mr. Miller if nine structures is a reasonable number for the subject property. Mr. Miller stated staff and PZB recommended 8 units for the subject property, but the plan as submitted for 9 structures is consistent with the land use plan. - MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z06-016 from R-15 to RAD Conditional for a total of9 structures for a 2.00 acre tract on Walker Street for Vinings Construction Company, LLC subject to special conditions and applicable standard conditions as formulated by staff and agreed upon by the applicant. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (Clerk's note: A copy of the stipulations of this rezoning is appended hereto as Exhibit F) (F) Public Hearing - Rezoning Request Z06-0 18 - RM-12 to RHR Conditional - 8.84 acre tract - Valley Woods Apartments - Coro Realty Advisors, Inc. Mr. Wright stated the applicant has requested rezoning of the subject property for construction of up to 142 townhouses and condominiums at a density of 16.06 units per acre. Mr. Wright stated PZB has recommended approval of the rezoning for 120 units, and that staff also recommends approval of the rezoning for 120 units. Mayor Bacon recognized Ms. Adams, residing at Peppertree, and Ms. Adams expressed concern that this rezoning may be approved for a larger number of units. Ms. Adams stated she would like to see trees preserved on the subject property. Ms. Adams stated she was not aware of the rezoning proposal until shortly before the PZB meeting. Ms. Adams expressed concerns about traffic in the area and the safety of the children there. - Mayor Bacon recognized Mr. Stephen McQuade, residing at 1555 Roswell Street, and Mr. McQuade expressed the view that this proposal should be sent back to PZB for further review. Mr. McQuade stated the developer seems unable to answer questions regarding the development plan. Mr. McQuade expressed concerns about the size of the proposed units. Mr. McQuade expressed concerns about possible loss of trees in connection with the development plan. April 17, 2006 12 MOTION: Council Member Scoggins made a motion to table Rezoning Request 206-018 from RM-12 to RHR Conditional for an 8.84 acre tract at Valley Woods Apartments for Coro Realty Advisors, Inc. until the May 1, 2006 council meeting. The motion was seconded by Council Member McNabb. Motion to table the measure was approved 7 - O. - (G) Public Hearing - Rezoning Request 206-020 - R-15 and GC to RAD-Conditional - 2.17 acre tract - LL 520 - Atlanta Road near Fleming Street - Avalon Development Partners, LLC MOTION: Council Member Scoggins made a motion to table Rezoning Request 206-020 from R-15 and GC to RAD-Conditional for a 2.17 acre tract in Land Lot 520 at Atlanta Road near Fleming Street for Avalon Development Partners, LLC until the May 15, 2006 meeting. The motion was seconded by Council Member Wood. Motion to table the measure was approved 7 -0. (H) Public Hearing - Variance Request V06-010 - Request to operate day nursery - 811 Church Street Mayor Bacon stated this application has been withdrawn. PRIVILEGE LICENSE: (A) Public Hearing - Privilege License Request - Retail Pouring (beer & wine) - Maru Sushi - 4454 South Cobb Drive # 1 0 1 - Joseph L. Choi, applicant Mr. Wright stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. - Council Member Lnenicka asked Mr. Choi ifhe has been furnished with a copy of the City's alcoholic beverage sales regulations and ifhe has read and understands them, and Mr. Choi answered in the affirmative. Mr. Choi stated he has completed the responsible alcoholic beverage sales and service class presented by Evindi, Inc. MOTION: Council Member Lnenicka made a motion to approve the privilege license request for retail pouring of beer and wine for Maru Sushi at 4454 South Cobb Drive #101 for Joseph L. Choi as agent. The motion was seconded by Council Member Wood. Motion was approved 7 -0. (B) Public Hearing - Privilege License Request - Pawnbroker - Titlebucks of Smyrna #1 - 2930 South Cobb Drive - Charles L. Cole, II, applicant Mr. Wright stated that inquiry by the City police department disclosed no information which would preclude issuance ofthe requested license. At Council Member Smith's request, Mr. Cole provided details to those present concerning Titlebucks and the title pawn operation planned for the subject location to those present. Mr. Cole stated vehicles will be neither stored nor sold at the subject location. MOTION: Council Member Smith made a motion to approve the privilege license request for pawnbroker for Titlebucks of Smyrna # 1 at 2930 South Cobb Drive for Charles L. Cole, II, as agent. The motion was seconded by Council Member Wood. Motion was approved 7 - O. - April 17. 2006 13 FORMAL BUSINESS: (A) Approval of abandonment of right-of-way - Walker Street - Brian SadlerNinings Construction - Mr. Wright stated Brian Sadler has requested that a section of unused alleyway near Walker Street be abandoned for incorporation into the development ofVCC at that location. Mr. Wright stated this property has been posted with a sign indicating that this request will be scheduled for consideration at this meeting. Mr. Wright stated staff recommends approval of the requested abandonment. MOTION: Council Member Scoggins made a motion to approve abandonment ofa section of right-of-way on Walker Street for Brian Sadler and Vinings Construction Company, Inc. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (B) Approval of Adoption of Cobb County's Animal Control Ordinance Mr. Wright stated a proposal has been made to adopt Cobb County's animal control ordinance. Mr. Wright stated this adoption would enable County animal control personnel to enforce the County ordinance within the city limits of Smyrna. Mr. Wright stated staff recommends approval of this measure. - MOTION: Council Member McNabb made a motion to approve adoption of the Cobb County Animal Control Ordinance to become effective immediately. The motion was seconded by Council Member Smith. Council Member Lnenicka expressed reservations about this proposal, and stated he will not support the motion. Motion was approved 5 - 2, with Council Members Lnenicka and Scoggins in opposition. (C) Approval of Interlocal Agreement with Cobb County for Animal Control Services Mr. Wright stated this agreement will allow County animal control personnel to provide animal control services within the city limits of Smyrna. MOTION: Council Member McNabb made a motion to approve the Interlocal Agreement with Cobb County for animal control services to become effective immediately. The motion was seconded by Council Member Wood. Council Member Newcomb stated he supports this motion because the City has been without animal control services on nights and weekends. Council Member Newcomb stated he believes animal control service will be available on a more consistent basis in the City with this agreement. Council Member Scoggins asked what the duration of this agreement will be. Mr. Cochran stated it can be terminated by either the County or the City with 90 days notice. Motion was approved 5 - 2, with Council Members Lnenicka and Scoggins in opposition. (D) Approval of Technology Surcharge Ordinance {Ordinance #2006-9} Mr. Wright stated this ordinance will impose a surcharge of $5 per offense, except in the case of certain offenses for which surcharges are not allowed, with proceeds to be used to help pay for CourtWare Solutions, Inc. court software. - MOTION: Council Member Scoggins made a motion to approve the Technology Surcharge Ordinance {Ordinance #2006-9}. The motion was seconded by Council Member Smith. Motion April I?, 2006 14 was approved 7 - O. (E) Approval of acquisition and implementation of software for use in Court Services - Mr. Wright stated this software will be paid for with the surcharges authorized by the preceding measure. Mr. Wright stated staff recommends approval of acquisition ofthe CourtWare Solutions, Inc. court software. MOTION: Council Member Scoggins made a motion to approve acquisition and implementation of software for use in Court Services. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: (A) 9600 s.f. retail building - Oakdale Road - Leslie Contracting MOTION: Council Member Wood made a motion to approve a permit for a 9600 s.f. retail building on Oakdale Road for Leslie Contracting. The motion was seconded by Council Member Smith. Motion was approved 7 - O. CONSENT AGENDA: (A) Approval of April 3, 2006 minutes (B) Approval of street closures for Events on the Village Green, around City Hall and in the Market Village on Saturday, April 29 and Sunday, April 30 The City is hosting the Spring Jonquil Festival on Saturday, April 29 and Sunday, April 30. Village Green Circle and connecting streets (King Street from Bank Street to Village Green Circle, Village Green Circle from Atlanta Road to the traffic circle and Powder Springs Road from Village Green Circle to the Library parking lot entrance) need to close as early as 9:00 a.m. on Friday, April 29 for these activities. These streets should remain closed through breakdown of the Festival past Festival conclusion on Sunday, April 30. Approval of event street closures is recommended. - (C) Approval of surplus disposition for ten Data 911 in-car computers The current Data 911 mobile computers are approximately 9 years old and are being replaced with new Motorola mobile computers. The department will receive a much better value by phasing out these machines in this manner. Staff recommends approval of this measure. (D) Approval to authorize the Mayor to sign the Supplemental Agreement for our Atlanta Road project that reflects an increase in our federal grant amount. This contract is for the Livable Centers Initiative Project (LCI) SP-0006-00 (992) Project P.I. # 0006992 The contract provides increased total contribution ofthe project for the construction of the Atlanta Road Intersection and Multi-Use Path, whereby Exhibit A is deleted in its entirety and substituted by the attached Exhibit A in the Supplemental Agreement No.1. (E) Approval of Department of Transportation List of Roadways for the use of speed detection devices for the City of Smyrna Lt. William S. Hegwood of Smyrna Police Department, Special Operations Unit, has reviewed and approved the list and has asked that Mayor and Council approve the list for - April 17, 2006 15 execution. It is recommended that the List of Roadways submitted by Department of Transportation for approval for detection devices be approved and that the Mayor be authorized to sign and execute agreement. - (F) Authorization for Mayor to execute agreement with Urban Land Institute for Advisory Services for development of potential retail sites Mayor and Council attended a meeting at the Urban Land Institute in Washington D.C. Following the meeting, Council agreed to add to the March 20 agenda approval of $15,000 expenditure for consultation services from the Urban Land Institute. Approval for Mayor to execute the agreement is recommended. (G) Bid award 6-023 - Brawner Hospital Building selective demolition The Winter Construction Co. is recommended for this work. Two other bids were received. They were: Conversion Technology ($235,000) and Southern Environmental Services ($543,190). Staff and Moreland-Altobelli - the City's park's bond program manager find Winter Construction the qualified, lowest bidder and recommend bid award to that company. (H) Bid Award 6-018 - Architectural and Civil/Sight Design, new Adult Recreation Building Lyman Davidson Dooley (LDD) Architects are recommended among 3 RFQ's received for this work. RFQ's from PBS&J and Wright Mitchell & Associates were also submitted. After evaluation, staff and Moreland-Altobelli - the City's parks bond program manager - found LDD to have the best relatable project experience and plan project approach. Though this is a CDBG project overall, parks bond funds will be used for payment of design services. - (I) A ward of Engineering Services for the 2005 Transportation Improvement Program This award is for engineering services on projects in the SPLOST Program. From this list of approved firms, the City will award projects to firms based on areas of expertise, workload, submitted proposals, and negotiated contracts. The City Engineer and program manager, Croy-MSE have reviewed the proposals and recommend that the contract be awarded to the following six firms: ARCADIS Moreland Altobelli Assoc. Day Wilburn & Assoc. Iteris Stevenson & Palmer Engineering JB Trimble (1) Approval to authorize the Mayor to sign Supplemental Agreement # 1 - Interlocal Agreement for the Argo Road Improvements In February of this year Mayor and Council approved an interlocal agreement between the City of Smyrna and Cobb County for road improvements on Argo Road. These improvements include a two foot widening ofthe road, sidewalk, curb & gutter, and drainage improvements. The agreement called for the City to pay half of the construction costs, or an estimated $254,622.50. The project has been bid and due to escalating construction costs, the City's 50 percent has increased to $284,069.63. A total of $280,000 has been budgeted in the City's SPLOST budget for this project. The City Engineer has reviewed this supplemental agreement and recommends approval. ... April 17. 2006 16 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. COMMITTEE REPORTS: - Council Member Pritchett yielded the floor with no report. Council Member Newcomb yielded the floor with no report. Council Member Scoggins yielded the floor with no report. Council Member McNabb yielded the floor with no report. Council Member Smith yielded the floor with no report. Council Member Lnenicka stated the Cedar Cliffs Neighborhood Association will meet on April 27 at the Community Center. Council Member Lnenicka stated there are still commemorative marble pavers available at the Veterans Memorial. Council Member Wood yielded the floor with no report. Mayor Bacon stated there will be a meeting of the Downtown Development Authority on April 24 at 6:00 p.m. CITIZENS INPUT: Mayor Bacon recognized Ms. Gill Bass, residing at 204 Alexandria Way, and Ms. Bass stated she believes Wade Ford did not comply with a zoning requirement for replanting trees. Ms. Bass stated she believes that the developer for Laurel Creek did not comply with a zoning requirement for a buffer and preservation of certain trees. Ms. Bass requested that follow-up inspections be conducted. Ms. Bass stated there at least 10 houses in Sutherlin Park that have had drainage problems. Ms. Bass stated that meeting notices should be placed where they can be seen by people beforehand so that citizens can attend the meetings. Mayor Bacon asked Mr. Wright to inquire into the questions raised by Ms. Bass. - ADJOURNMENT: With no further business, the meeting was adjourned at 11 :43 p.m. - April 17, 2006 17 ... ) J - t1L~)&J~ CHARLES PETE WOOD, WARD 7 ... ~D~ ^~ RON NEWCOMB, WARD 2 April 17, 2006 18 Z06-001 Southeast Fontaine: Exhibit B Standard Conditions (Requirement #2, 16 and 17 from Section 1201 of the Zoning Code is not applicable) - 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. 2. There shall be protective covenants with a mandatory homeowners association on all lots. These protective covenants shall be supplied to the City prior to the issuance of a building permit. 3. The developer shall provide at least 200 square feet of common space per lot. This common space shall be developed with improvements for the residential subdivision such as: gazebos, fountains, recreational/playground equipment or walking trails. The common space shall be controlled and maintained by the Homeowners Association 4. The detention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a 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 within any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. - 7. The developer shall install a deceleration lane at the main entrance for the subdivision. The deceleration lane shall have a minimum length of 150' with a 50' taper. 8. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 20 feet. 9. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 10. No debris may be buried on any lot or common area. 11. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". 12. The developer will comply with the City's current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the developer during construction. 13. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. ... April 17,2006 19 14. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. Special Conditions - 15. Minimum floor area shall be 2,200 square feet. 16. The shared driveways off of Fontaine Road shall be one-way. Per the Fire Marshall, rear alley pavement width shall be 20' to provide adequate fire truck access to the rear of each unit. The minimum curbline radius at the intersection of roads and rear alleys shall be 25' 17. A 20' landscape buffer shall be provided along the East-West Connector. This buffer may be either disturbed or undisturbed as the discretion of the Community Development Director and City Arborist. 18. The applicant shall provide a guardrail at the end of North Cooper Lake Road. Another devise or method may be utilized if approved by the City Engineer. 19. The development shall maintain the following setbacks: Front - 22' from back of curb Side - 3' (Minimum 10' Between Houses) Rear - 20' Driveway - 19' minimum length from building face to back of curb 20. In accord with the traffic study submitted by the applicant, the developer shall be responsible for the costs and right-of-way dedications necessary to construct a northbound right turn lane at the intersection of Fontaine Road and the E-W Connector. - 21. Gate entrances shall include adequate space to safely stack three automobiles. A turnaround shall also be provided to allow visitors who are denied entrance in to the subdivision a way to enter the exit lane. The developer will install an emergency gate access system, subject to approval by the City Fire Marshall. 22. All single-family residential lots shall provide the following at the time of certificate of occupancy: either two 3" caliper trees or one 2" caliper and one 4" caliper trees. The follOWing species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. Camp Highland Road Z05-033: Exhibit C Standard Conditions (Requirement 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 and stucco. Four-sided architecture shall be utilized for each residence. Staff shall approve all elevations prior to the issuance of a building permit. 2. The developer shall provide a landscaped buffer with a minimum width of 20' parallel to any right-of-way external to the development. 3. 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. - April 17, 2006 20 4. 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 - 5. The detention facility 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. The detention facility shall be sodded and landscaped. It shall also include a decorative wrought iron fence with interspersed brick columns around the street side. 6. All utilities within the development shall be underground. 7. 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. 8. The developer shall install a deceleration lane at the entrance for the subdivision. The deceleration lane shall have a minimum length of 150 feet with a 50-foot taper. 9. 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. 10. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 11. No debris may be buried on any lot or common area. - 12. 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". 13. 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. 14. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 15. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 16. 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 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 17. Minimum floor area shall be 2,800 square feet. 18. The development shall maintain the following setbacks: - Aprill?,2006 21 - Front - 15' Side (interior) - Minimum 15' from wall face to wall face) Street Side - 25' Rear - 20' Driveway - 22' minimum length from building face to right-of-way 19. Any vacant buildings on the property shall be boarded within 30-days after the building is vacated. North Cooper Lake Road - Z06-017: Exhibit 0 Standard Conditions (Requirements #2,8, 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 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 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. The grass buffer may be waived if it is deemed unnecessary by the City Engineer. 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". - April 17, 2006 22 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: Front - 15' Side - Zero with 15' between buildings Rear - 20' 16. The development shall be developed with a minimum lot size of 10,000 square feet. 17. Lots 29 and 30 on the eastern perimeter of the development shall face North Cooper Lake Road. Any other lots which abut North Cooper Lake Road shall be shielded from the road via a 10' wide landscaped birm. 18. Driveway - 22' minimum length from building face to edge of sidewalk. Each unit shall have a two-car garage. - 19. The right-of-way along North Cooper Lake Road shall be increased to 50 feet to match other residential road right-of-ways. Therefore a dedication of 5 feet is required along the section north of Nowlin Drive. 20. The developer shall realign Nowlin Drive with North Cooper Lake Road so as to create a four-way stop. Intersection improvements shall be coordinated with and approved by the City Engineer. No additional right-of-way shall be required other than what is stipulated in #19. 21. The developer shall stub sewer out to the northern property line. King Springs Road V06-019: Exhibit E Standard Conditions (Requirements #2, 8, 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. - April 17. 2006 23 - 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 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. The grass buffer may be waived if it is deemed unnecessary by the City Engineer. 7. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 8. No debris may be buried on any lot or common area. 9. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". - 1 O. The developer will comply with the City's current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the developer during construction. 11. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 12. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 13. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or three 4" caliper trees, 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 14. The development shall maintain the following setbacks: Front - 15' Side - 5' with 15' between buildings Rear - 20' 15. The development shall be developed with a minimum lot size of 8,000 square feet. - 16. Driveway - 22' minimum length from building face to edge of sidewalk. Each unit shall have a two-car garage. April 17, 2006 24 17. The developer shall be responsible for any additional right-of-way dedication to maintain a 25' distance from the centerline of King Springs Road. 18. The proposed street bend shall have a minimum centerline radius of 100'. - 19. Lots 1, 2, 3, 4 will have entrance-style architectural elements on the garage side of the house and each will have four-sided finishes. 20. The 10' landscape buffer along the rear property lines of lots 7, 8, 9, 10, 11, 12, 13 and 14 (adjacent to Sutherlin Park lots) will have a 10' landscape buffer and the landscape buffer will maintain all existing specimen trees in the landscape buffer. Walker Street V06-016: Exhibit F Standard Conditions (Requirements #2, 8, 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. Four- sided architecture shall be utilized for each residence and the rear of the homes which face Walker Street shall provide elevations which resemble the front of the residences. 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 1 DO-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. 7. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 8. No debris may be buried on any lot or common area. - April 17, 2006 25 - 9. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". 1 O. The developer will comply with the City's current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the developer during construction. 11. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 12. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 13. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or three 4" caliper trees, 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 14. The development shall maintain the following setbacks: Front - 20' Side - 5' with 15' between buildings Exterior Side (Lot 1, 6, 1 D) - 20' Rear - 20' - 15. Driveway - 22' minimum length from building face to edge of sidewalk. Each unit shall have a two-car garage. 16. The right-of-way along Walker Street shall be increased to 50 feet to match other residential road right-of-ways. Therefore a dedication of 10 feet is required. 17. The pavement width for the private drive shall be 20'. 18. Any vacant buildings on the property shall be boarded within 3D-days after the building is vacated ... ORDINANCE # 2006-9 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SMYRNA TO AMEND ITS CODE OF ORDINANCES TO ESTABLISH A TECHNOLOGY SURCHARGE FINE TO BE ADDED TO CERAIN OFFENSES BY ITS MUNICIPAL COURT; TO PROVIDE FOR THE USE OF SUCH TECHNOLOGY SURCHARGE FINES; AND OTHER PURPOSES WHEREAS, the Municipal Court of the City of Smyrna has jurisdiction over certain misdemeanor offenses and city ordinance violations for which fines are collected; and WHEREAS, section 41 of the Charter of the City of Smyrna authorizes the Mayor and Council to enact and enforce ordinances imposing penalties on those found in violation of laws and ordinances. NOW, THEREFORE, BE IT ORDAINED AND RESOLVED BY THE CITY OF SMYRNA, A GEORGIA MUNICIPAL CORPORATION, AND BY THE - AUTHORITY OF THE SAME THAT THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA BE AMENDED BY ADDING TO CHAPTER 34, COURTS, SECTION 34-38 AUTHORITY TO ESTABLISH A MUNICIPAL COURT TECHNOLOGY SURCHARGE: Section 34-38 (a) : There shall be imposed by the Municipal Court a Technology Surcharge in the amount of$5.00 per offense, for all offenses except O.C.G.A. Sections 40-8-76 and 40-8-76.1, or any other violation for which a tax or surcharge is prohibited and; said Technology Surcharge to be in addition to all other fines, fees, and surcharges imposed by the Municipal Court and documented in the bond/fine schedule. - (b): All revenue derived from the Technology Surcharge shall be utilized by the City to provide for technology support for City Law Enforcement Probation functions - and Municipal Court functions. All Ordinances or parts of Ordinances in conflict with the above are hereby repealed. This Ordinance shall become effective upon the date of its adoption set forth below. 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 17th day of April, 2006. 7 r /:~) c' c Attest: , ,,/" - A. Max Bacon, Mayor .., ~ /', \ ~;6" I (- ..,.l _ ,.) i "'., ," \("" -'_ ':../.UO/[' '11._ A j - ~, L .t- Susan D. Hiott, City Clerk . City of Smyrna Approved as to form: f ~. - W' MEMORANDUM TO: Mayor and Council FROM: Susan Hiott DATE: May 30, 2006 SUBJECT: Violation Listing reflecting adopted Ordinance for Technology Fee Attached is the Violation Listing, generated by our new software, CourtWare Solutions. This listing reflects the additional $5.00 added for the technology fee ordinance, adopted April 17 , 2006, Ordinance # 2006-9. This is for your information and reference. ~ Also, thank you for approving the CourtWare Solutions. We have been very pleased with the installation and user friendly capability of this software. This report is just one example of the many reports we can generate. --- w w "-" LL I 0 0 a: Ql <D a. en 0 <1l 0 ll.. C\J I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -- ~ <D I ~ li) li) ~ 0 ~ ~ li) li) li) li) ll'! ~ ~ 0 ~ ~ 0 ~ ~ ~ 0 ~ 0 ~ ~ ~ ~ ~ ~ ~ 0 0 I Z C\J I 0 N N 0 0 0 0 0 I 0 C\J C\J 0 0 0 C\J C\J C\J 0 li) 0 0 0 0 0 0 0 0 li) 0 0 li) li) 0 -- I ::J li) I C') 0'> 0'> CX) 00 00 00 0'> 0'> 0'> 0'> 0'> C') li) C') C') C') C') C') C') C') C') C') C') C') C') li) 00 C') 0 0 I"- 0 0 I 0 <D C') C') C') C') ,.... C\J ,.... C\J C') <D 0'> 0'> 0 '<:!" 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CJ) u:: u:: 0 f- f- a: 0 a: LL a: a: > en c .2 :; o en <1l ~ ~ t: :J o U <D o o C\J ~ :c OJ .~ Cl. o U C\J o cxi r-..: ~ > S <1l ~ <1l en ~ en :c .~ ~ g u c w o o C\J C") O~(,)'<t'<tLOC'!C\J'-<OOJ<XlC\J 6666600NNNc.bob CO CO <Xl <Xl <Xl <Xl <Xl <Xl <Xl <Xl <Xl <Xl f'..CO OJ o,-<oC\J '<tC") LO <0" 0:(')C")C")'<t'<tC")'<t'<t'<t'<t'<t'<t 00 CD <0 <0 <0 <0<0<0 <0<0 <0 <0<0 Z o ~ I': 6 0 OJ Ol OJ CO <0 '<t LO <0 o ~~~~~~ f- <0 <0 <0 <0 <0 <0 <0 LO <0<0<0<0<0<00 ~d;cX,%frlfrlfrlfrlfrlfrl6 OJ Ol Ol Ol CJ) CJ) CJ) CJ) CJ) cn > '<t 0 ..-- C\J <Xl OJ 0 .- C\J C") LO '<t " f'.. " " " <Xl <Xl <Xl <Xl <Xl LO LO LO LO LO LO LO LO LO LO '<t April 17, 2006 ~06-019 SAMS, LARKIN & HUFF hibit G A LIMITED LIABILITY PARTNERSHIP }JTORNEYS AT LAW SUITE 100 376 POWDER SPRINGS STREET MARIETTA., GEORGIA :30064-3448 W' GARVIS L. SA-MS, JR. JOEL L. LARKIN PARKS F. HUFF JAM E S A. BALLI. MELISSA P. H.A.ISTEN 770.422.7016 TELEPHONE March 29, 2006 770.426.6583 FACSIMILE "''"W'V\"T.SA.MSLARKIN H UFF.COM OF COUNS EL DAVID P. HARTIN .ALSO LICENSED TO PRACTICE IN ALABAMA VIA HAND DELIVERY Mr. Christopher S. Miller, AlCP, Director City of Smyrna Community Development Department 3180 Atlanta Road Smyrna, GA 30080 Re: Application of Clear Creek Development to Rezone a 3.45 Acre Tract from R-15 to RAD Conditional (No. Z06-019) ,.., Dear Chris: As you know, I represent the applicant and property o\vners concerning the abo\'e- captioned application for rezoning. Following staffs recommendation for approval, the application was heard and recommended for approval by the Smyrna Planning & Zoning Board on March 13, 2006. The application is now scheduled to be heard and considered for final action by the Mayor and City Council on April 17, 2006. With respect to the foregoing and in keeping with direction from staff. the Planning & Zoning Board and the dialogue established with area residents, enclosed please find the requisite number of copies of a revised site plan reducing the density of the zoning proposal and bringing all of the lots into compliance with staffs recommendation that the minimum lot size be 8,000 ,.., square feet. Also enclosed are photographs depicting the architectural style and composition of the homes proposed for the residential community. The balance of this letter will serve as my clients' expression of agreement with the following stipulations which, upon the rezoning being approved, as amended and modified hereby, shall become conditions and a part of the grant of the requested rezoning and binding upon the subject property thereafter: ~ SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP VIA HAND DELIVERY ~ Mr. Christopher S. Miller, AICP, Director City of Smyrna Community Development Department Page 2 March 29, 2006 1. The stipulations and conditions set forth herein shall replace and supercede in full any and all prior stipulations and conditions in whatsoever form which are currently in place concerning the property which constitutes the subject matter of the above-captioned application for rezoning. 2. The rezoning ofthe subject property shall be from R-15 to RAD Conditional, predicated upon the lot sizes and setbacks shown on that certain revised site plan (The Park at King Springs) prepared by DGM Land Planning Consultants which is being submitted contemporaneously herewith. 3. The subject property shall be developed for detached single family residences upon a total of3.45 acres for a maximum number of 14 homes at a density of 4.06 units per acre.! 4. The size of the single family detached homes shall range from a minimum of 2.768 square feet to 3,200 square feet and beyond with each home having an attached two-car garage (both rear and front loaded)? ..., 5. The architectural sty Ie of the homes shall be a mixture of Craftsmen and traditional and consistent with the elevations/renderings filed with the Application for Rezoning. The composition of the homes shall consist of a mixture of either brick, stacked stone, cedar shake and/or hardy plank. 6. The residences on lots abutting King Springs Road shall not be permitted to utilize hardy plank for any elevation facing the right-of-way. .., I This represents a reduction in density from the original proposal of 16 lots (4.64 u.p.a.) and is consistent with the City's Future Land Use Map which shows the subject property to be located in both MedDR (45- 5.99 u.p.a.) and Mod DR (3 _ 4.5 u.p.a.). Additionally, the subject property is surrounded on the west and south by Sutherlin Park Subdivision which is developed at an as-built density of 4.12 units per acre. 2 Price points are anticipated ranging from $550,000.00 to the mid-$600's. -., SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP VIA HAND DELIVERY ...." Mr. Christopher S. Miller, AICP, Director City of Smyrna Community Development Department Page 3 March 29, 2006 7. An agreement that all of the homes within the residential community shall be "for sale" only and that the subdivision covenants shall contain a recital stating that leasing of the homes shall be limited to no more than ten percent (10%) of the total number of homes and for no lease term less than one (1) year in duration. 8. An agreement to create a mandatory homeowners association which shall be responsible for the upkeep and maintenance of all common areas, landscaped areas, amenity areas, fences and lighting within the proposed residential community. 9. A third-party management company shall be hired to manage the day-to-day operations of the mandatory homeowners association. The third-party management company shall also be responsible for the management of all association monies as well as ensuring that the association is properly insured, until such time as the homeowners association makes a determination that it can undertake such responsibilities. ~ 10. An agreement to record and enforce Declaration of Covenants, Conditions and Restrictions which shall contain rules and regulations applicable to the residential community. Said Covenants shall be supplied to the City for review prior to the issuance of building permits. 11. The submission of a landscape plan during the Plan Review process which shall be subject to staff review and approval and which shall include, but not necessarily be limited to, the following: a. Said landscape plan shall be prepared, stamped and signed by a Georgia Registered Landscape Architect or a de greed horticulturist for common areas and entrances. ~ b. All utilities within the residential community shall be located under ground. c. Entry signage for the residential community shall be ground-based, monument style, consistent with the City of Smyrna Sign Ordinance, landscaped and irrigated. d. Sodded front, side and rear yards \....hich shall be irrigated as appropriate. ~ SAMS, LARKIN & HUFF A LIMITED L1A13ILITY PARTNERSHIP VIA HAND DELIVERY '-" Mr. Christopher S. Miller, AICP, Director City of Smyrna Community Development Department Page 4 March 29, 2006 e. Detention ponds as shown on the site plan shall be placed and landscaped appropriately in order to be attractive to homes inside and outside of the proposed residential development. f. Installation of decorative street lights throughout the residential community themed to the architectural style as described hereinabove. Said lighting shall utilize low intensity environmental type illumination which shall be confined within the perimeter of the subject property through the use of "full cut-off' lighting. g. An agreement to comply \\'ith the City's current Tree Preservation & Replacement Ordinance. All required tree protection measures shall be adhered to during the construction and build-out of the residential community. h. The construction of a privacy fence along the northern property line (where there presently is no fencing or screening) with attendant landscaping. ~ 1. 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 and shall be controlled and maintained by the mandatory horneovmers association. 12. Subject to recommendations from the City of Smyrna Engineering Department concerning hydrology, storm water management and down stream considerations, including recommendations regarding the ultimate positioning and configuration of on- site detention and water quality ponds. Additionally, the stormwater detention plan shall be designed to create at least a 10% reduction from existing conditions in a one-hundred year storm event, subject to review and approval the City Engineer. -.,. 13. Subject to recommendations from the City of Smyrna Public V.,Torks Department with respect to the availability and accessibility of ,vater and sewer and issues attendant thereto.3 ~ The applicant has received verification from the Director of Public Works that sewer and water are available and adjacent to the proposed residential development. -.,. SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTl<ERSHIP VIA HAND DELIVERY ,.., Mr. Christopher S. Miller, AlCP, Director City of Smyrna Community Development Department Page 5 March 29, 2006 14. Subj ect to recommendations from the City of Smyrna Engineering Department regarding traffic/transportational issues, including the following: a. An agreement to be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or Cobb County during construction plan review. b. Sidewalks shall be installed within the residential community and outside of the residential community adjacent to public rights-of-way. c. A grass buffer with a minimum width of two (2) feet shall be provided between the back-of-curb and sidewalk. d. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of twenty (20) feet. -." e. Development of any streets within the residential community shall conform to the City's standards. Please do not hesitate to call should you or the staff require any further information or documentation prior to the application being heard by the Mayor and City Council next month. Very truly yours, -.,. Garn-s.L. Sams, Jr. l.!sam srWsamslark i nh uff.com GLSjr/jbmc Enclosures cc: Sho\\n on next page. - SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP VIA HAND DELIVERY '-' Mr. Christopher S. Miller, AICP, Director City of Smyrna Community Development Department Page 6 March 29, 2006 cc: Honorable Max Bacon, Mayor - VIA Hand Delivery - w/enclosure Members, City of Smyrna City Council- VIA Hand Delivery - w/enclosure Mr. Ken L. Hildebrandt, P.E., City Engineer - VIA Hand Delivery -w/enclosure Mr. Scott Stokes, Public Works Director - VIA Hand Delivery - w/enclosure Mr. Wayne Wright, City Administrator - VIA Hand Delivery - w/enclosure Ms. Preeya R. Philipp, Planner I - VIA Hand Delivery - w/enclosure Mr. Matthew Keaton, Clear Creek Development - w/o enclosure .... -.,. .... ORDINANCE No. 2006-6 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 14, ANIMALS, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REPEALING THE EXISTING REGULATIONS IN THEIR ENTIRETY AND SUPPLANTING THEM WITH A REVISED BODY OF REGULATIONS IN ORDER TO ADOPT ANIMAL CONTROL ORDINANCES WHICH ARE FULLY RECIPROCAL WITH THOSE OF COBB COUNTY FOR THE PURPOSES OF IMPLEMENTING AND F ACILIT A TING AN INTERLOCAL AGREEMENT FOR ANIMAL CONTROL SERVICES WITH THE COBB COUNTY GOVERNMENT BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 14, Animals, City of Smyrna, Georgia, be amended by repealing the existing Animal Control Ordinance in its entirety and supplanting it with a revised body of regulations to read as follows: ARTICLE I. General Sec. 14-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: .. Abandonment (of an Animal) - The act of any person who: (a) Abandons an animal by leaving an animal unattended for a period of time in excess of24 hours without food, water, adequate ventilation or shelter on public or private property, including but not limited to the property ofthe owner/custodian; (b) Puts out, leaves, abandons, or in any other way discards any animal on public or private property, including but not limited to the property ofthe owner/custodian, and including but not limited to leaving an animal contained in a box, bag, fence, house or other structure or tethered; or (c) Places an animal in the custody ofa state licensed entity, such as but not limited to a veterinary clinic, grooming facility, boarding facility, or pet sitter for treatment, boarding, or other care, and fails to reclaim the animal by the agreed upon time. The entity shall abide by the requirements ofO.C.G.A. S 44 -14 - 490 in disposing of the animal. Abused Animal - Any animal that has been harmed by an act, an omission or neglect, including but not limited to any animal that has been: (a) Deprived of adequate food, water, shelter, ventilation, care, space, or veterinary care. (b) Physically harmed, tortured, mutilated, beaten, or illegally killed. (c) Trained/used for fighting other animals. (d) Used as bait to train/lure other animals to fight/kill. Adequate - Sufficient; commensurate; equally efficient; equal to what is required; suitable to the case or occasion; satisfactory. Animal- Shall not include fish or any pests that might normally be exterminated or removed from a business, a residence or other structure. - ORDINANCE No. 2006-6 Animal Bite - Any physical contact of the teeth, nails, or claws of an animal with human flesh, including but not limited to a scrape, puncture, pierce, scratch or tear, so long as bleeding results. Animal Control Facility/Shelter - Those facilities designated by the Board of Commissioners for the housing and care of animals pursuant to this chapter. -- Animal Control Officer - An individual authorized by local law or by the governing authority of the county or the covered municipality to carry out the duties imposed by this ordinance. Animal Control Unit - Collectively, the animal control manager and employees who are under the direction of the Cobb County Police Department, the Smyrna Police Department or their successor department(s), or other entity selected by the Board of Commissioners or City Council to carry out the duties of animal control for Cobb County or Smyrna pursuant to this chapter and federal/state laws. Animal Mill - An individual or entity that keeps and/or breeds animals in conditions where animals are frequently caged for extended periods of time, do not receive adequate care, and/or are not kept in an environment conducive to the health and well being of the animals. Animal Shelter - An entity that possess a shelter license from the Georgia Department of Agriculture. Attacking or Biting Animal - (a) Any animal which poses a physical threat to human beings or other animals by virtue of an attack that caused property damage and/or physical injury. (b) An animal shall not be an "attacking or biting animal" within the meaning of this chapter if: (I) It inflicts an injury upon a person when the animal is being used by a law enforcement officer to carry out the law enforcement officer's official duties. (2) The injury inflicted by the animal was sustained by a person who, at the time, was committing a willful trespass or other tort; was tormenting, abusing or assaulting the animal; had in the past been reported to have tormented, abused or assaulted the animal; or was committing or attempting to commit a crime. - Bedding (Adequate) - Sufficient quantity of dry, non-contaminated, safe bedding, which is appropriate to the animal's age, size, species, and breed requirements. Board of Health - The Cobb County Board of Health, or its authorized representatives, which shall include officers or employees of both CCAC and the Smyrna animal control officer. Breeder - A person or entity that owns an animal and allows it to reproduce, whether planned or unplanned. Care (Adequate/Humane) - Attention to the needs of an animal, including but not limited to, the provision of adequate water, food, shelter, bedding, sanitary conditions, ventilation, heating/cooling (temperature control), space, exercise and veterinary medical attention necessary to maintain the health of the animal with regard to the specific age, size, species, and breed of animal. Cobb County Animal Control- The Cobb County Animal Control Unit and Shelter sometimes referred to in this ordinance as "CCAC". - 2 ORDINANCE No. 2006-6 Confinement - Restriction of an animal to a home, basement, garage, building, pen, or other escape-proof enclosure. Confinement by a rope, chain, tether, fenced yard or other area accessible by other animals or persons, other than the caretaker, is not considered confinement. ... Costs - Confiscation costs on Potentially Dangerous Dogs, Dangerous Dogs or Vicious Animals are set by the Board of Commissioners and shall be paid by the owner to Cobb County Animal Control. Dangerous Dog - (a) Any dog that, according to the records of the County, has without provocation either: (1) Inflicted severe injury on a human being on public or private property; or (2) Aggressively bitten, attacked or endangered the safety of humans after the dog has been classified as a Potentially Dangerous Dog and after the owner has been notified of such classification. (b) A dog shall not be a Dangerous Dog within the meaning of this chapter if: (1) The dog inflicts an injury upon a person when the dog is being used by a law enforcement officer executing official duties; (2) The injury inflicted by the dog was sustained by a person who, at the time, was committing a willful trespass or other tort, was tormenting, abusing, or assaulting the dog, had in the past been reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime. Dead Animal - A deceased animal including the carcass or parts of a carcass. ... Dispose of - (a) The sale of any live animal at public or private sale, the giving or adopting of a live animal to an individual/entity, or the transference of ownership of a live animal to CCAC or any licensed humane society, licensed rescue group or licensed veterinarian. (b) Appropriate burial or cremation of a dead animal as directed in this chapter. Dog Control Officer - The manager of Cobb County Animal Control or his/her designee who is responsible for enforcing the State Dangerous Dog Laws. This term "Dog Control Officer" is utilized by state law with regard to the State Dangerous Dog Law. Domestic Animal - Any animal other than wildlife, wild animals, or exotic animals as defined by this chapter that is domesticated by humans so as to live and breed in a tame condition. Effluent - An outflow or discharge of waste. Euthanasia - The legal act of putting animals to death using humane methods approved by the Georgia Department of Agriculture. Exercise (Adequate) - Bodily exertion suitable to the age, size, species and breed of animal to maintain normal good health, muscle tone, non-aggressive temperament, and normal behavior. Exotic Animal - Any animal that is not indigenous to the State of Georgia. ... Fence - A structure of wire, wood, stone or other materials, including invisible fencing, which is of sufficient height and strength to act as a barrier against the passage of the animal it is intended to enclose. (a) A fence does not include an "invisible fence" if the fence is: 3 ORDINANCE No. 2006-6 (1) Turned off or the animal is not wearing a properly operating signaling device; (2) Ineffective for any animal that has learned it can cross the fence line; (3) Intended to be a means of keeping people or animals out of an enclosed area; or (4) Buried in or adjacent to the county right of way. (b) An invisible fence is not an acceptable means of control for an animal that is classified as vicious, dangerous, potentially dangerous, or is in estrus/heat. - Fighting Animal/Game Animal - Any animal that has aggressive parentage, or an animal bred and/or trained to: (a) Exhibit aggressive qualities; (b) Have no instinct to withdraw from a fight or to display signs of submission; (c) Fight to the point of complete exhaustion or death with minimal provocation; (d) Suppress the animal's instinct for self-preservation; (e) Inflict maximum damage to the animal's opponents; (f) Offer little or no indication that an attack is imminent; or (g) Be ready/willing for combat and unyielding in combat. Food (Adequate) - Sufficient quantity of non-contaminated and nutritionally adequate food, fed according to age, size, species and breed requirements, or as directed by a veterinarian, which is sufficient to prevent starvation, malnutrition or risk to the animal's health. Garbage or spoiled/rancid food is not considered adequate food. Foster Home - A temporary home that cares for animals until they can be placed in a permanent home or returned to CCAC or its designee for adoption/disposal. Foster homes must be affiliated with and controlled by licensed rescue groups and/or licensed animal shelters. Garbage - All refuse matter/effluent. Garbage includes, but is not limited to animal or vegetable refuse, by-product of a restaurant, kitchen, or meat/poultry processing establishment, spoiled/rancid food and refuse accumulation of animal, fruit, or vegetable matter, liquid or otherwise (that is normally discarded). - Grid - A manufactured type of wood, plastic, or wire flooring specifically designed to be used in an area where an animal is housed. Hoarder - A person or entity that: (a) Collects animals and fails to provide them with humane/adequate care; (b) Collects dead animals that are not properly disposed of as required by this chapter; or (c) Collects, houses, or harbors animals in filthy, unsanitary conditions that constitute a health hazard to the animals being kept, and/or to the animals or residents of adjacent property. Human Exposure to Rabies - Any bite, scratch, or other situation in which saliva or central nervous system (CNS) tissue of a potentially rabid animal enters an open wound, fresh wound, or comes in contact with a mucous membrane by entering the eye, mouth, or nose. Touching or handling a potentially rabid animal with the possible exception of a bat or touching or handling another animal or inanimate object that has had contact with a rabid animal does not constitute an exposure unless wet saliva or CNS tissue entered a fresh, open wound or had contact with a mucous membrane. Likewise, contact with the urine, feces, or blood of a potentially rabid animal does not constitute an exposure since the pathogenesis of rabies is such that the virus follows nerve pathways and has only limited circulation in the blood. - 4 ORDINANCE No. 2006-6 Humane Society - A licensed organization that rescues, assists and provides care for animals, educates the public in humane care of animals, initiates/facilitates programs to improve the quality of life for animals. - Impoundment - The taking into custody of an animal by CCAC or Smyrna animal control officer. Licensed - Having a valid Georgia State license issued under the authority of the State of Georgia. Lure - An animal used to bait/teach/encourage another animal to chase, fight or kill other animals. Manager - The manager ofthe Cobb County Animal Control Unit or his/her designee. Neglect - Absence of adequate care that is unintentional. Neglect (willful) - The intentional withholding of adequate food, water and humane care required by an animal to prevent starvation, dehydration, death, or other harmful/debilitating conditions. - Nuisance Animal - Any animal that: (a) Damages, soils, defiles, eliminates or defecates on private property other than its owner's property or on public property; (b) Causes unsanitary or offensive conditions or otherwise endangers public health, welfare or safety; (c) Causes a disturbance by barking, howling or other noisemaking for a period of more than 15 minutes; (d) Chases vehicles, bicycles, or people; (e) Is in estrus and not confined in a manner which can keep it away from intact males of the same specIes; or (f) Causes serious annoyance to a neighboring residence and interferes with the reasonable use and enjoyment of that property. Owner - Any person owning, possessing, harboring, keeping or having custody or control of any animal subject to this chapter. This definition is intended to embrace any person who is a custodian. Police Department - The Cobb County Police Department, the Smyrna Police Department or their successor department(s). Potentially Dangerous Dog - (a) Any dog that has without provocation bitten a human being on public or private property. (b) A dog is not considered a Potentially Dangerous Dog according to this chapter if: (1) The dog inflicts an injury upon a person when the dog is being used by a law enforcement officer in carrying out official duties; or (2) The injury inflicted was sustained by a person who was committing a willful trespass or other tort, was tormenting, abusing or assaulting the dog, had in the past been reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime. - 5 ORDINANCE No. 2006-6 Primary Enclosure - Any structure or device used to restrict an animal to a limited amount of space, such as a fence, building, room, pen, run, cage, stall, paddock, or pasture, that provides adequate space and shelter. - Proper Enclosure - An enclosure for keeping a Dangerous Dog, Potentially Dangerous Dog or Vicious Animal securely confined indoors or in a securely enclosed and locked pen, fence, or structure suitable to prevent the entry of another animal or any person other than the owner or caretaker. The enclosure must: (a) Be designed to prevent the animal from escaping, and (1) If the enclosure is a fence, the fence must be high enough to keep the animal from climbing over and must be secured at the bottom to keep the animal from digging under. (2) If the enclosure is a pen or structure other than a fence, the pen or structure must have secure sides, top and bottom constructed or secured in such a manner to prevent the animal's escape, and be of a height and strength to maintain the animal within it. (b) Provide adequate shelter. ( c) Provide adequate space for the animal. Provoked Attack - An attack resulting when a domestic animal is placed in a situation such that an expected reaction would be to bite or attack. Relinquished - Written transfer of ownership of an animal by the owner to CCAC or Smyrna Animal Control. Rescue Animal- A dog, cat, or other animal temporarily maintained by a licensed rescue group until the animal can be placed in a permanent home. - Rescue Group (Licensed) - Any individual or entity that houses and cares for rescue animals until permanent homes can be located and that maintains all required federal, state and local Ii censes/regi strati ons. Restraint of Animal - Complete and immediate control of an animal by a physical device while under the direct supervision of a competent person. . Running at Large - Any domestic animal not under the control and restraint of the owner or the owner's designee. Sale of Animals - The transfer of ownership of an animal through verbal or written agreement to a new owner in exchange for money, goods, services, or fees. Sanitary Conditions - Animal living space free from health hazards, irritants, or conditions that may endanger or pose a significant risk to an animal's health. In the case of farm animals, nothing in this section shall be construed as imposing sanitation requirements or standards more stringent than normally accepted animal husbandry and humane practices as defined by this chapter and Georgia state law as regulated by the Georgia Department of Agriculture. - 6 ORDINANCE No. 2006-6 ... Severe Injury - Any physical injury resulting in any of the following: (a) broken bones; (b) puncture wounds; (c) lacerations, with or without, sutures; (d) a medical procedure; or (e) death. - Shelter (Adequate) - Protective cover for a domestic animal appropriate for the species and providing adequate space to maintain the animal in good health, which also prevents pain, suffering or a significant risk to the animal's health. (a) Adequate shelter includes but is not limited to the following: (I) Sufficient coverage and insulation to protect an animal from extreme hot and cold temperatures; (2) Sufficient protection from the elements to keep the animal dry; (3) Sufficient shade and ventilation to prevent an animal from overheating and/or dehydrating; and (4) Adequate bedding or resting area suitable for the breed, species, age, size, and medical condition ofthe animal. (b) Adequate shelter is structurally sound housing which provides an animal with: (I) Adequate space; (2) Four solid walls or an "igloo" type of structure; (3) A roof; (4) A dry floor that is either: a. Solid, or b. Grids, provided the animal can easily stand, walk, lay and sit on the grids without its feet or body parts being caught, damaged, or injured. The grids and area under the grids must be designed so that they can be cleaned and sanitized. (5) An entrance; and (6) Adequate space for the number of animals on the property. (c) Materials not suitable for shelters include but are not limited to: (I) Inadequately insulated containers; (2) Crates with exposed sharp edges; (3) Metal or plastic drums; (4) Abandoned or parked vehicles; (5) Porches or decks; (6) Lean-tos; (7) Any other structure that fails to provide sufficient protection from the elements; and (8) Any other structure that is not safe or suitable for housing the species. Space (Adequate) - (a) Sufficient safe space for adequate exercise suitable to the age, size, species and breed of animal; (b) Sufficient space during periods of confinement, suitable to the age, size, species and breed of animal to permit the animal to turn about freely, stand, sit, or lie, move, etc. in a comfortable and normal position; or (c) For sick or injured animals, confinement as directed by a veterinarian. State Dangerous Dog Control Law - O.C.G.A. tit. 4, ch. 8, art. 2 (O.C.G.A S 4-8-20 et seq.) as amended. - 7 ORDINANCE No. 2006-6 Strict Confinement/Isolation for Animals Bitten by Rabid Animal - Confinement for the period of time recommended by the State of Georgia and kept inside a home, basement, garage, or suitable building, and isolated from other animals and people other than the caretaker while the animal is being observed for symptoms of rabies. An animal within a fenced yard, on a chain, or otherwise in an area accessible in any way to other animals or persons other than the caretaker is not in a strictly confined area. - Temperature Control (Adequate) - Maintaining temperatures recommended for animals by the Department of Agriculture guidelines for shelters and farm animals. Tether - Any chain, rope, leash, tie out or wire designed to restrain an animal which is attached to an animal's collar or halter and is also attached to a stationary object. Acceptable temporary tethers include appropriate size chain, leash, rope or other tethering device that is of adequate length to satisfy the space and exercise requirements for the animal. In any event, any tether must be a minimum of 10 feet in length. Tethering devices, as referred to in this chapter, are the type commonly used for the size animal involved and are attached to the animal by means of a properly fitted collar or harness. Training Group (Licensed) - An appropriately licensed organization or individual that trains animals to assist physically handicapped persons, to assist search and rescue operations, and/or to work with government agencies or law enforcement agencies. Unprovoked Attack or Without Provocation - An attack that is not provoked as defined by this chapter. Unsanitary Conditions - Animal living space including shelter and exercise area, contaminated by health hazards, irritants, items or conditions that endanger or pose a risk to an animal's health, including but not limited to: (a) Excessive animal waste; (b) Garbage, trash or effluent; (c) Standing water or mud; (d) Rancid/contaminated food or water; (e) Fumes, foul or noxious odors, contaminated air, hazardous chemicals or poisons; (f) Decaying materials; (g) Uncontrolled parasite or rodent infestation; and (h) Areas that contain nails, screws, broken glass, broken boards, pits, poisons, sharp implements or other items that could cause injury, illness or death to an animal. - Ventilation (Adequate) - Fresh air sufficient to provide for the health of an animal. Veterinarian - A doctor of veterinary medicine licensed to diagnose and treat diseases and injuries in animals. Veterinary Care (Adequate) - Medical care of an animal from or under the direction of a licensed veterinarian and necessary to maintain the health of an animal based on the age, species, breed, etc., of the animal, or to prevent an animal from suffering from: (a) Ongoing infections; (b) Infestation of parasites; (c) Disease; or (d) Any other medical condition/injury where withholding or neglecting to provide such care would: - 8 ORDINANCE No. 2006-6 (1) Endanger the health or welfare of the animal; or (2) Promote the spread of communicable diseases. - Veterinary Clinic (Licensed) - A business facility where veterinary medicine is practiced. Vicious Animal - (a) Any animal which: (1) Constitutes a physical threat to human beings or other animals by virtue of an attack of such severity or intensity as to cause severe property or physical damage; or (2) Makes an unprovoked attack on animals or on human beings; or (3) Intentionally attacks physical property in an effort to cause harm to a human or other animal. (b) An animal shall not be a Vicious Animal within the meaning of this chapter if: (1) It inflicts an injury upon a person when the animal is being used by a law enforcement officer carrying out official duties; or (2) The injury inflicted by the animal was sustained by a person who was committing a willful trespass or other tort, was tormenting, abusing or assaulting the animal, had in the past been reported to have tormented, abused or assaulted the animal, or was committing or attempting to commit a crime. Water (Adequate) - Clean, fresh water sufficient to prevent dehydration, properly sustain health, and prevent significant risk to the animal's health. For the purposes of this chapter, snow, ice or rancid/ contaminated water are not considered adequate water. - Wild Animal/Wildlife - Any animal which is indigenous to this state, but not included in the definition of a domestic animal, and including any hybrid animal that is part wild animal. Sec. 14-2. Penalty for Violation of Chapter. Any person who violates any provision of this chapter shall be punished as provided in Section 1- 8. Sec. 14-3. Interpretation of Chapter. (a) Nothing in this chapter shall be interpreted or applied so as to create any power or duty in conflict with the preemptive effect of any federal or state law. (b) Nothing in this chapter shall be interpreted or applied so as to create any liability on the part of county, the City of Smyrna or any employee, board or official which enforces or fails to enforce any of the provisions provided in this chapter or any provisions in the State Dangerous Dog Law. Sec. 14-4. Incorporation of State Law; Construction; Other Regulations. (a) Incorporation. The State law known as the Dangerous Dog Control Law is incorporated in this chapter by reference and made part of this chapter. (b) Construction. This chapter shall be construed to effectuate its purposes and policies and to supplement such existing state laws as may relate to animals. (c) Other regulations. Other provisions oflaw or regulations relating to this chapter shall apply when any provisions of this chapter shall conflict with the laws of the state or the United States of America. The laws of the state or the United States of America shall apply when this chapter is silent. - 9 ORDINANCE No. 2006-6 Sec. 14-5. Jurisdiction and Interlocal Agreement. The jurisdiction for enforcement ofthis chapter shall be in the city limits of Smyrna; however, the County may contract or enter into agreements with other municipalities to enforce this chapter for joint animal control services or for the provision of animal control services and for the separate or joint use of personnel, facilities and equipment for such services. Such agreements or contracts shall be subject to any state law, which may govern. - Sec. 14-6. Interference with Animal Control Officer. It shall be unlawful to interfere with any animal control officer by taking or attempting to take any animal from any vehicle used to transport such animal, or by taking or attempting to take any animal from the animal control impounding areas, or by any other method which would block or hinder any officer referred to in this section from performing his duties. (Ord. of9-23-80, S 24; Ord. of6-11-85; Ord. of 10-24-89 Code 1977, S 3-5-22) Sec. 14-7. Disposal of Dead Animal. (a) Legislative authority. This section is enacted pursuant to the Georgia Constitution and 1967 Ga. Laws (Act No. 19), page 914 (see pt. J, S 1-4) and 1969 Ga. Laws (Act No. 213), page 2486 (see pt. I, SS 2-38, 2-39). (b) Abandonment of dead animals; requirements as to disposal generally. (1) It shall be unlawful for any person who owns or is caring for an animal which has died or has been killed to abandon the animal, its parts, or blood. Under no conditions may dead animals be abandoned at any location, including but not limited to, in wells or open pits of any kind on private or public land. (2) No person shall dispose of an animal, its parts or blood, by burial on the land of another without the permission ofthe owner of the land. (3) Arrangements for proper burial must be made with a County official in order to dispose of a dead animal in a county landfill. (c) Removal and disposition of dead animals within rights of way and on public property. Any other provision of this section to the contrary notwithstanding, it shall be the duty ofCCAC and the County Department of Transportation to remove and dispose of the carcasses of all dead animals found within the rights-of-way of all County roads maintained either totally or in part from County funds. (d) Methods of disposal of dead animals. Methods which can be used for disposal of dead animals are burial and incineration in a County approved incinerator. Disposal of animal carcasses by either of the approved methods must be completed within 12 hours after the death or discovery of the carcass unless the carcass is properly refrigerated or frozen. (1) If incineration is chosen, the entire carcass must be reduced to ashes in the incineration process only in a County approved incinerator. (2) Carcasses which are buried must be buried at least three feet below the ground level, but no more than eight feet, and have not less than three feet of earth over the carcass. (3) Mutilation of dead domestic animals is prohibited. State law reference - Dead Animals Disposal Act, O.c.G.A. S 4-5-1 et. seq. - Sec. 14-8. Treatment of Diseased or Injured Animals. When, in the opinion of the CCAC Manager, an animal in the custody ofCCAC is: (a) Diseased or injured and in need of immediate treatment so as to lessen the animal's suffering or to prevent the spread of communicable disease, the CCAC Manager or designee shall immediately obtain the services of or place the animal with a licensed veterinarian for the purpose of administering necessary treatment. (b) Suffering needlessly due to a life threatening disease or injury, and a licensed veterinarian recommends euthanasia as the most humane course of action, and the CCAC Manager or designee agrees that the best interest of the animal would be served by euthanizing the animal, - 10 ORDINANCE No. 2006-6 then the animal shall be humanely euthanized regardless of whether or not the normally required impoundment period has expired. - Sec. 14-9. Animals Creating Nuisances. The owner of any animal shall be in violation of this chapter if the animal exhibits any behavior or engages in any activity defined under 14 "Nuisance Animal." - Sec. 14-10. Requirements for Possessing Dangerous or Potentially Dangerous Dogs; Registration; Insurance; Inspection. (a) Certificate required. It shall be unlawful for any person to have or possess a Dangerous Dog or Potentially Dangerous Dog without a certificate of registration issued by the County. No more than one certificate of registration shall be granted per person or owner for a Dangerous Dog or Potentially Dangerous Dog. No more than one certificate shall be issued per domicile. (b) Conditions for issuance of certificate. Subject to the requirements of this section for Dangerous Dogs and subject to revocation for non-compliance and possible confiscation, the CCAC Manager shall issue a certificate of registration to the owner of a Dangerous Dog or Potentially Dangerous Dog if the owner presents to the CCAC Manager sufficient evidence of the following: (1) A proper enclosure to confine the Dangerous Dog or Potentially Dangerous Dog; and (2) The posting on the premises of a Dangerous Dog sign obtained from the County warning that there is a Dangerous Dog or Potentially Dangerous Dog on the property. (c) Dangerous dogs. In addition to the requirements of subsection (a) and (b) of this section, the owner of a Dangerous Dog shall present to the CCAC Manager evidence of either: (I) Insurance. A policy of insurance in the amount specified by the State of Georgia Dangerous Dog Law, issued by an insurer authorized to transact business in this State insuring the owner of a Dangerous Dog against liability for any personal injuries inflicted by the Dangerous Dog, provided: a. It shall be the continuing and sole duty of the owner to provide the CCAC Manager an updated and effective policy; b. The owner shall notify the CCAC Manager of any changes, renewals, and/or cancellations by written notice at least 30 days prior to any change, renewal, and/or cancellation; and c. The County shall have the right to rely on the representations of the owner that to maintain the required insurance when the owner qualifies for the issuance of the certificate of registration; Or (2) Surety bond. A surety bond in the amount specified by the State of Georgia and issued by a surety company authorized to transact business in this state payable to any persons injured by the Dangerous Dog. (d) Fees. The certificate ofregistration must be renewed annually on the date the dog was declared a Dangerous Dog or Potentially Dangerous Dog. An annual fee to register Dangerous Dogs and Potentially Dangerous Dogs as set by the Board of Commissioners or City Council shall be paid by the owner to CCAC. (e) Right to inspect. CCAC shall have the right to inspect, randomly and without notice, a Dangerous Dog or Potentially Dangerous Dog, which is required to be confined pursuant to this section, in its environment. Permission of the owner or person in custody of the animal confined shall not be unreasonably withheld. (f) The owner of a Dangerous Dog or Potentially Dangerous Dog shall notify the Dog Control Officer within 24 hours if the dog is loose, unconfined, has attacked a human, has died, or has been sold or donated. If the dog has been sold or donated, the owner shall provide the Dog Control Officer the name, address, and telephone number of the new owner of the dog, and notify the new owner of the designation. - 11 ORDINANCE No. 2006-6 (g) The owner of a Dangerous Dog or Potentially Dangerous Dog shall notify the Dog Control Officer within 10 days if the owner is moving within the Dog Control Officer's jurisdiction or moving from the Dog Control Officer'sjurisdiction. The owner of the Dangerous Dog or Potentially Dangerous Dog who is moving out of the County shall register the Dangerous Dog or Potentially Dangerous Dog in the new jurisdiction within 10 days after becoming a resident. Likewise, any person moving into the City of Smyrna who owns a Dangerous Dog or Potentially Dangerous Dog shall register the Dangerous Dog in Cobb County within 10 days after becoming a resident. (h) Any person who releases a Vicious Animal either willfully through failure to exercise due care or control or who takes such animal out of such proper enclosure in such a manner which is likely to cause injury to another person or damage to the property of another person shall be in violation of this chapter. - Sec. 14-11. Control of Animal. (a) General Control. (1) It shall be unlawful for the owner of any animal to permit such animal to be out of his immediate control and restraint, or to be left unattended offthe premises ofthe owner, or to be upon the property of another person without the permission of the owner or person in possession of such other property. For the purposes of this chapter, condominium and apartment common property shall not be considered to be the premises of the animal owner. Voice control does not constitute control of an animal. (2) Restraint of dogs and/or animals shall be maintained as follows: a. When upon the premises of the owner, all animals shall be kept indoors or in a primary enclosure as defined by this chapter in such a manner as to contain the animal within the bounds of the owner's premises, or on a leash in the hands of a person that possesses the ability to restrain the animal. Tethering as a means of primary enclosure is not permitted. b. When off the premises of the owner, all animals shall at a minimum be maintained on an appropriate chain, leash or tie not exceeding 6 feet in length, and in the hands of a person who possesses the ability to restrain the animal. (3) The requirements of subsection 2 (a) and 2 (b) shall not apply in the areas zoned for agricultural purposes where the owner of the dog is using the dog for hunting or working purposes and has the dog in his possession or control. Ifthe dog is being used for hunting purposes the owner shall have on his person a valid hunting license. Dogs, while hunting, or show dogs while being shown, are not required to wear a collar or dog tag; but the owner shall have the dog tag in his possession where it may be shown upon demand of a representative of CCAC or the City of Smyrna. (4) No person shall tie, stake or fasten any animal within any street, alley, sidewalk, right of way, or other public place within the City or in such manner that the animal has access to any portion of any street, alley, sidewalk or other public place. (5) Every female dog and cat in heat shall be confined in a building or other enclosure in such a manner that such female dog or cat cannot come into contact with an intact male of the same species except for planned breeding. (6) Every animal shall be restrained and controlled so as to prevent it from causing property damage, harassing pedestrians or bicyclists, molesting passersby, chasing vehicles, or attacking persons or other animals. (b) Control of Attacking or Biting Animal, Vicious Animals, Potentially Dangerous Dogs and Dangerous Dogs. (1) The above provisions concerning general control and contained in paragraph (a) are applicable to Attacking or Biting Animals, Vicious Animals and Dangerous Dogs and Potentially Dangerous Dogs. - - 12 ORDINANCE No. 2006-6 - (2) When upon the premises of the owner, Attacking or Biting Animals, Vicious Animals, Potentially Dangerous Dogs and Dangerous Dogs shall be kept indoors or in a proper enclosure as defined by this chapter. Permanent or temporary tethering as a means of enclosure is not permissible. (3) The owner of a Dangerous Dog shall not permit the dog to be outside of a proper enclosure unless the dog is muzzled in a manner that will prevent it from biting any person. The dog must be restrained by a substantial chain or leash not more than six feet in length and under the physical control of a person who possesses the ability to restrain the dog. (4) The owner of a Potentially Dangerous Dog, Vicious Animal or Attacking or Biting Animal shall not permit the dog or animal to be outside a proper enclosure unless the dog or animal is restrained by a substantial chain or leash not more than six feet in length and is under the physical restraint of a person who possesses the ability to restrain the dog or animal. (c) In any prosecution under this code section, any animal found running at large may be held by CCAC as evidence of a violation of this code section. Such holding is at the discretion ofthe prosecuting attorney, and the animal may be released at the conclusion of the prosecution. (d) In lieu of paying a fine or serving jail time under this section, a violator may, at the discretion of the judge, relinquish the animal to CCAC for placement or disposal as determined by CCAC. State law reference - Livestock running at large, a.c.G.A. S 4-3-1 et seq.; permitting dogs in heat to run at large, a.c.G.A. S 4-8-6. Sec. 14-12. Attacking or Biting Animals. The owner of any animal that exhibits the characteristics or behavior as set forth in the definition of "Attacking or Biting Animal" shall be in violation of this chapter. - Sec. 14-12.1. Vicious Animals; Possession of Vicious Animals. (a) The owner of any animal shall be in violation of this chapter if the animal engages in any activity or exhibits any behavior as defined by this chapter under 10-01 "Vicious Animal". (b) Upon being adjudicated guilty of or entering a guilty plea or nolo contendere plea to a charge made under this provision, the owner of the Vicious Animal, if allowed to maintain the animal will have to adhere to the following requirements for possessing a Vicious Animal: (1) The owner must possess a proper enclosure to confine the Vicious Animal; and (2) The owner must post the premises with a Vicious Animal warning sign. (c) Right to Inspect. CCAC shall have the right to inspect, randomly and without notice, a Vicious Animal which is required to be confined pursuant to this section in its environment. Permission of the owner or person in custody of the animal confined shalI not be unreasonably withheld. (d) Any person who releases a Vicious Animal either wilIfulIy through failure to exercise due care or control or who takes such animal out of such proper enclosure in such a manner which is likely to cause injury to another person or damage to the property of another person shall be in violation ofthis chapter. - 14-12.2. Penalty for Violation of Sec. 14-12.1. For the first conviction under foregoing Section 14-12.1, Vicious Animals; Possession of Vicious Animals, the following penalties may be assessed; (a) The convicted person may serve 60 days confinement, and/or (b) The convicted person may be fined $1,000.00, and/or (c) The convicted person may be required to relinquish control of the animal in question to Cobb County Animal Control and the animal wilI be dealt with in the discretion of Animal Control. 13 ORDINANCE No. 2006-6 State law reference - Liability of owner or keeper of vicious or dangerous animal for injuries caused by animal. a.C.G.A. S 51-2-7. Sec. 14-13. Attacking and Biting Animals; Report of; Confiscation. (a) Notice to the County. (1) Any person having information an animal has bitten or attacked a person shall immediately report such information to CCAC. (2) Notwithstanding the provisions of subsection (a)(1) ofthis section, the owner of a, Vicious Animal shall notify CCAC immediately, but in any case within 24 hours, if the animal is loose, unconfined, has attacked a human, has died or has been sold or donated. If the animal has been sold or donated, the designation travels with the animal, and the original owner shall provide CCAC with the name, address and telephone number of the new owner of the animal, and the former owner shall inform the new owner of the designation. (b) Confiscation of Biting Animals. Upon receiving notice that an animal has bitten or attacked a person, an authorized person from CCAC or the City of Smyrna shall investigate the incident. Any animal determined to have bitten a person shall be immediately strictly confined and isolated for observation at CCAC or, at the owner's option, the owner may immediately take the Biting Animal to a licensed veterinarian. In the event the licensed veterinarian is closed or unable to take the animal at that time, the animal will be immediately transported to the animal shelter and held until the animal can be transported to a veterinary clinic. Regardless of the quarantine or confinement location, the owner shall be responsible for all expenses incurred. The biting animal shall be segregated and isolated for at least ten days from the date of the bite. (1) Nothing shall prohibit CCAC from allowing an animal to remain in strict confinement on the premises of the owner subject to daily inspections by CCAC or the City so long as the health, safety, and welfare of any person or animal is not threatened. Those animals may include but are not limited to the following: a. A female animal that is nursing offspring and that is current on her rabies vaccination. b. A vaccinated animal if the animal has a medical condition, verified by a written statement from a licensed veterinarian, and confinement at CCAC or a veterinary clinic would be detrimental to the health and welfare of the animal. c. An animal that is current on its vaccination and has bitten its owner, caretaker, or member of its family. (2) No animal that is in strict confinement for biting shall be vaccinated for rabies until the end of the quarantine period. (3) No animal that is in strict confinement shall be sterilized or undergo any other surgical procedure during the quarantine period unless the surgery is necessary for a life threatening medical condition or injury. (c) Confiscation of Dangerous Dogs and Potentially Dangerous Dogs. In addition to the provisions of subsection (b) of this section, a Dangerous Dog or Potentially Dangerous Dog, after adjudication, shall be confiscated as follows: (1) Dangerous dogs. A Dangerous Dog shall be immediately confiscated by CCAC or by a law enforcement officer or by another person authorized by CCAC if: a. The owner of the dog does not secure the liability insurance or bond required by Section 14-10; b. The dog is not validly registered as required by Section 14-10 ofthis section, including the posting of warning signs; c. The dog is not maintained in a proper enclosure; or d. The dog is outside of a proper enclosure in violation of Section 14-11. (2) Potentially Dangerous Dogs. A Potentially Dangerous Dog shall be confiscated in the same manner as a Dangerous Dog if the dog is: - - - 14 ORDINANCE No. 2006-6 - a. Not validly registered as required by Section 10-10, including the posting of warning sIgns; b. Not maintained in a proper enclosure, or c. Outside of a proper enclosure in violation of Section 10-11. (d) Return of confiscated Dangerous Dogs, Potentially Dangerous Dogs or Vicious Animals. Any dog that has been confiscated under the provisions of subsections (b), (c) (I) or (c) (2) of this section shall be returned to its owner upon the owner's compliance with the provisions of this chapter and upon payment of reasonable confiscation costs provided in this chapter. If the owner has not complied with the provisions of this section within 20 days of the date the dog was confiscated, the dog shall be destroyed in an expeditious and humane manner. The payment of reasonable confiscation costs and the return of a dog shall not bar or affect an action against the owner for violation of this chapter. Section 14-14. Prohibited Animals. It shall be unlawful to purchase, sell, own, possess, harbor or breed skunks, foxes, prairie dogs, raccoons, coyotes, wolves, hybrid wolves, any hybrid animal that is part wild animal, exotic cats or any other wildlife unless licensed by the respective federal or state department of agriculture to possess such an imal. Section 14-15. Ferrets. European ferrets, mustela putarius Jura, may be sold, purchased, exhibited, or held as pets, provided that the ferret owner can provide valid documentation that the ferret was sexually spayed or neutered prior to seven months of age and is vaccinated against rabies by a licensed veterinarian with a properly administered vaccine approved for use on ferrets by the United States Department of Agriculture. - Secs. 14-16 - Sec 14-35 Reserved. Article II. Administration and Enforcement. Division 1. Generally. Section 14-36. Animal Control Unit; Unit Manager; Dog Control Officer; Animal Control Officers; Humane Officers. (a) Animal Control Unit. There is hereby created the County Animal Control Unit, which shall have primary responsibility for animal control and welfare in the County. (b) Appointment of Unit. The Unit Manager of the Animal Control Unit shall be appointed by the appropriate appointing authority. The Unit Manager may also be designated by the Board of Health as the official Rabies Control Officer for the County. (c) Powers and duties of Unit Manager. The Unit Manager shall be primarily responsible, with support from the Director of the Department of Public Safety, for the enforcement of this chapter; and his duties shall include but not limited to the following: (I) Responsible for the operation of the animal shelter and the performance of such duties and the keeping of such records as the Board of Commissioners may require. (2) Cooperation with the County Board of Health in the enforcement of rabies control regulations and of animal control directives. (3) Cooperation with animal welfare organizations. (4) Taking up and impounding animals which are in violation of this chapter, using any and all means available that are humane in nature. (5) Housing animals at the animal shelter, or at any facility designated by CCAC to function or serve as an auxiliary shelter. - 15 ORDINANCE No. 2006-6 (6) Keeping a record of the number, description and disposition of all animals impounded or otherwise taken into custody, showing in detail in the case of each animal the following: a. A general description by sex, breed and approximate age, together with any identification tag, vaccination tag or other marking, if any; b. The date of receipt; c. The date and manner of disposal; d. The name and address of the person reclaiming or adopting; e. The fees and charges; f. The proceeds of sales received; g. The condition of the animal when received; h. Any treatment administered to the animal, including any drugs, medication or appliances; i. The condition ofthe animal when reclaimed, redeemed, adopted or purchased; and j. Such additional records as the Board of Commissioners may require. (d) Identification. The Animal Control Officers shall wear uniforms and badges containing individual names while engaged in the execution of their duties. The Unit Manager and assistant manager shall possess badges for use in the execution oftheir duties, but shall not necessarily wear uniforms. (e) Dog Control Officer. The Unit Manager is hereby designated the responsibility of Dog Control Officer, and shall carry out all duties provided for by the State Dangerous Dog Control Law for the County or any other local government pursuant to contract or agreement; and his duties shall include, but not be limited to the following: (1) Upon receiving a report of a Dangerous Dog or Potentially Dangerous Dog, to make such investigation and inquiries as may be necessary to identify Dangerous Dogs and Dangerous Dog owners within the Dog Control Officer's jurisdiction. (2) Notifying the dog's owner pursuant to the State Dangerous Dog Control Law when the dog has been classified. (f) Enforcement by Unit Manager, Animal Control Officer, Humane Officers. In addition to other duties, the Unit Manager, Animal Control Officers and Humane Officers shall have authority to investigate all animal complaints and enforce the Animal Control Ordinance and State Dangerous Dog Law as applied in this chapter. - - See. 14-37. Fees. (a) The fees with respect to all services performed in connection with enforcement of this chapter shall be set by the Board of Commissioners from time to time. A copy of such fee schedule shall be posted at the headquarters of the CCAC and may be changed at any time and from time to time as determined by the Board of Commissioners. (b) The fees established and collected under this chapter and pursuant to the State Dangerous Dog Control Law are not penalties but are imposed for the sole purpose of defraying expenses borne by the County for animal control and welfare under this chapter and are subject to change at any time. (c) The CCAC may waive any part of the normally required fees at his discretion. Sees. 14.38 -14.65. Reserved. DIVISION 3. ANIMAL IMPOUNDMENT, REDEMPTION AND ADOPTION Sec. 14-66. Impoundment of Animals Found Running at Large; Notice to Owner. (a) Subject to the State Dangerous Dog Control Law and the provisions ofthis chapter relating to rabies control and the rules and regulations ofthe Board of Health and this chapter, any animal found running at large or otherwise engaged in any activity or existing in a condition prohibited - 16 ORDINANCE No. 2006-6 - by this chapter or by the State Dangerous Dog Control Law shall be taken and impounded at the animal shelter. (b) Any person may take into custody any animal running at large in violation of this chapter and place with CCAe. (c) Any person who takes into custody an animal running at large in violation of this chapter shall deliver such animal to the animal shelter without fee or charge. However, a person may house the animal for five business days while attempting to locate and/or contact the owner. Once in the custody of the animal shelter, the shelter shall hold and dispose of such animal in the same manner as though such animal had been running at large and impounded by officers of CCAe. (d) Upon receipt for impoundment of any domesticated animal found to have any means of identification, the CCAC shall immediately make diligent efforts to ascertain the identity of the animal's owner. If identified, CCAC shall, within 24 hours of receipt, telephone the owner to give notice of the impoundment. IfCCAC is unable to contact the owner by telephone, it shall send notice of impoundment to the owner by certified mail. (e) Diseased, injured, or pregnant animals, and animals in need of immediate veterinary care so as to lessen the suffering, prevent the spread of a communicable disease to other animals, and/or to save the animal's life, shall be treated by or under the direction of a licensed veterinarian. If an animal is suffering from any life threatening disease or injury where life cannot be maintained and a slow death would be inhumane, and the licensed veterinarian and the CCAC Manager agree that the best interest ofthe animal would be served by euthanizing the animal, then the animal shall be humanely euthanized regardless of whether or not the normally required impoundment period has expired. (f) Any licensed veterinarian who is caring for an animal during the period of impoundment shall immediately notify the CCAC Manager if the animal dies. - Sec. 14-66.1. Taking; Selling; Impounding of Owned Animals. (a) Any person who takes, steals, or deliberately lures a cat, dog or other domestic animal off the property of the owner without permission of the owner, or who deliberately releases such animal from the property of the owner, without the permission of the owner, shall be in violation of this chapter. (I) A law enforcement officer or the CCAC Manager or his designee who takes an animal as directed in this chapter while performing his duties as defined by this chapter shall not be in violation ofthis section. (2) An animal that has been injured, that is in danger, or whose health or safety has been compromised may be removed by CCAC or city employee without being in violation of this chapter. (3) Any CCAC officer or city employee who finds an animal in need of immediate medical care or treatment due to a life threatening illness or injury or finds an animal in danger, may remove the animal from public or private property if the removal is for the purpose of seeking immediate medical care for the animal, or is in the immediate best interest of the animal. If the animal is removed from a private residence, notice shall be left at the owner's residence advising the owner of the impoundment and reason for impoundment. (b) It shall be a violation of this chapter for any person who, knowing the identity of an animal's owner, without permission of said owner does any of the following: (I) Relinquishes the animal to CCAC without notifying CCAC ofthe animal owner's name and address; (2) Relinquishes the animal to CCAC and falsely represents himself as the owner ofthe animal; (3) Sells the animal; or (4) Gives the animal away. - 17 ORDINANCE No. 2006-6 Sec. 14-66.2. Entrapment of Animals; Methods, Duration, Access to Food and Water, etc. (a) Trapping of animals is permitted only if all of the following are complied with: (1) The trap shall be a humane trap that is safe and non-debilitating; (2) The trap must be placed in such a manner to prevent injury to children; (3) Traps set to operate must be checked at least every eight hours; (4) Traps must not be set for more than eight hours prior to the earliest possible transport to the animal shelter; and (5) Traps can only be placed on public or private property with permission ofthe owner or lessor of the property. (b) Trapped animals: (1) Shall be given food and water as needed to prevent malnutrition and dehydration; (2) May not be treated in a cruel or abusive manner; (3) That are domestic animals and are seriously ill or severely injured shall be taken to a licensed veterinarian or the animal shelter for evaluation, care and disposition; (4) That are domestic animals that appear to be uninjured and reasonably healthy shall be taken to animal shelter or returned to the owner ifknown; and (5) That are wild animals or wildlife shall be taken to the animal shelter. - Sec. 14-67. Period ofImpoundment or Confinement. (a) All periods specified in this section shall be deemed to commence at 12:01 a.m. of the day following the day of impoundment or confinement. (b) Other than those dogs confiscated under Section 14-13 (b), 14-13 (c), 14-97, or 14-121 through 14-121.18, all impounded animals shall be kept at the animal shelter for a period of not less than five working days unless redeemed within such period. (c) Wildlife or wild animals as defined by this chapter which have been captured by or come to be in the custody of CCAC shall not be deemed impounded and need not be retained for any minimum length of time. Wildlife and wild animals received by CCAC will be disposed of in accordance with federal and state guidelines. (d) Any animal which is voluntarily surrendered to CCAC shall be deemed permanently relinquished to CCAC and may be immediately adopted, destroyed or otherwise disposed of as though it had been impounded. - Sec. 14-68. Redemption; Abandonment. (a) The owner of any impounded animal may regain possession of the animal upon payment of all applicable fees specified in Section 14-37 and compliance with the terms ofthis chapter. Such redemption shall not affect any criminal liability of the owner, which may exist with respect to any violation of this chapter and shall not preclude proceedings against the owner for the purpose of pursuing sanctions under this chapter. The following exceptions apply: (1) Any animal impounded as a result of cruelty, abuse, neglect, or any other reason defined by this chapter as inhumane treatment may be retained by CCAC until such time as the case is disposed of in a court competent to hear such matters. (2) Any impounded animal adopted from CCAC that was not spayed or neutered per the adoption agreement may immediately be reclaimed by CCAC, and the owner may not be permitted to reclaim said animal. (b) Any impounded animal not redeemed within the period specified in Section 14-13( d), or 14- 67, whichever is applicable, shall be considered abandoned to CCAC, in which event all rights of ownership shall vest in CCAC; and the owner shall have no further claim to such animal. Sec. 14-69. Reserved - 18 ORDINANCE No. 2006-6 - Sec. 14-70. Sale of Animals. CCAC shall have the exclusive right to dispose of all animals that have been relinquished to CCAC, impounded or confiscated and not redeemed within the period specified by CCAC, including but not limited to domestic animals, farm animals, livestock, exotic animals, birds and reptiles, in any manner deemed appropriate and in the best interest of the animal and in accordance with this chapter. (Code ]977, S 3-5-]4.]) - Sec. 14-71. Destruction of Animals. (a) Subject to those dogs falling within subsections (b) and (c) of this section, any impounded animal within one of the following categories may be destroyed at the discretion ofCCAC, in as humane a manner as possible: (l) Any animal not redeemed within the periods specified in Section ] 0-68 and Section 10- ] 3( d) or which by reason of age, disease, temperament or injury, is not considered adoptable or otherwise placeable, or when limitations on available kennel space at CCAC exist. (2) Any animal, which is suffering excessively, without regard to whether the period of confinement designated in Section 10-67 has expired. (3) Any animal, which presents a danger or exhibits a propensity for aggressive behavior towards any person or other animal, without regard to whether the period of confinement designated in Section 10-67 has expired. (b) The owner of a dog confiscated for violation of Section ] 0-1 0 shall have 20 days from the date the dog was confiscated to comply with the provisions of this chapter and pay reasonable confiscation costs to redeem the animal. If the owner has not complied with the provisions of this chapter within the 20-day period, the dog shall be destroyed in an expeditious and humane manner, as determined by CCAe. (c) Any dog confiscated when the owner is in violation ofthe State Dangerous Dog Control Law (O.e.G.A. S 4-8-20, et seq. or Section 10-10 of this chapter) shall be destroyed as determined by CCAC only after there has been a conviction or order by the appropriate court under either of such sections. (d) Any animal confiscated when the owner is in violation of Section 10-12.] ofthis chapter may be destroyed as determined by CCAC only after there has been a conviction or an order by an appropriate court. - Sec. 14-72. Neutering and Spaying. (a) No impounded animal shall be neutered or spayed (sterilized) without the owner's consent until the period of redemption has expired, except any animal that in the opinion of a licensed veterinarian must be sterilized in order to save its life may be sterilized by a licensed veterinarian prior to the expiration of the redemption period. (b) CCAC shall accomplish the sterilization of any animal whose period of impoundment has expired or that has been voluntarily surrendered to the County by: (1) Requiring adopters to sign a binding agreement to have the adopted animal sterilized within a period specified by CCAC as follows: a. Within thirty days from the date of adoption for animals over the age of 6 months. b. Within the first six months of age for sexually immature animals. (2) By CCAC sterilizing the animal prior to adoption. (3) If the animal cannot be sterilized as required due to disease, medical condition, or for other reasons as specified by a veterinarian, then signed verification from a licensed veterinarian shall be delivered to CCAC by the adopter and the animal shall be sterilized upon recovery or as soon as recommended by the veterinarian. (c) The adopter of any animal required to be sterilized pursuant this chapter shall be responsible for providing CCAC proof that the animal has been sterilized within 7 days of the surgery. The 19 ORDINANCE No. 2006-6 adopter will not be relieved of this responsibility until the veterinarian performing the sterilization certifies to CCAC that the sterilization has been accomplished, or unless the veterinarian certifies to CCAC in writing that the animal has died. (d) Any adopted animal not sterilized within the time specified may be reclaimed by CCAC. - Sec. 14-73 - 14-95. Reserved. ARTICLE III. RABIES CONTROL* Section 14-96. Rabies Inoculation, Tag Requirement for Dogs, Cats and Ferrets. (a) Insofar as the control of rabies is concerned, this chapter shall be construed and enforced consistently with any rules and regulations promulgated by the Board of Health. CCAC and the Public Safety Director and his designees are authorized and directed to enforce any such rabies control rules and regulations which may be promulgated by the Board of Health. (b) All dogs, cats and ferrets shall be vaccinated by 4 months of age and revaccinated as recommended by the current Compendium of Animal Rabies or a licensed veterinarian according to the type of vaccine and the duration of its effectiveness. (c) Animals that may not be vaccinated for health reasons at the direction of a licensed veterinarian and those under the suggested age shall wear a collar with identification tags when off the property ofthe owner. (d) Ferrets are not required to wear a collar and tag, however the owner, caretaker or veterinarian shall provide proof of vaccination upon demand of CCAC; (e) It shall be unlawful for any person to keep or harbor or allow to be kept or harbored any dog or cat over 4 months of age without a collar, which shall have attached thereto a valid vaccination tag. (1) Dogs, while legally hunting or working on agricultural property with permission of the owner, are not required to wear a collar with identification tags when off the property of the owner. (2) Show animals are not required to wear a collar or rabies tag while being shown as required by this chapter provided that the owner/handler shall have the rabies tag in his possession where it may be shown upon demand of a representative of CCAC. (3) Animals that are housed at licensed kennels, shelters, or veterinary clinics are exempt from wearing collars and rabies tags provided the animal has been properly vaccinated and the veterinarian/caretaker has the rabies tag or proof of vaccination in his possession where it may be shown upon demand of a representative of CCAC. (4) Cats and dogs over 4 months of age that are on the owner's property are not required to wear their rabies tag provided the animal has been properly vaccinated and the veterinarian/caretaker has the rabies tag or proof of vaccination in his possession where it may be shown upon demand of a representative of CCAC. (f)Any dog or cat entering the city for the purpose of a temporary stay not exceeding 14 days shall be exempt from the rabies tag provision of this section, but shall be subject to all other provisions of this chapter. - *Cross Reference - Health and sanitation, Ch 62. State Law Reference - Control of rabies, a.c.G.A. 931-19-1 et seq. Inoculation of dogs and cats against rabies, a.c.G.A. 931-19-6; rabies inoculation tags, a.c.G.A. 931-19-6. Sec. 14-97. Animals Bitten by Rabid Animals/ Suspected Rabid Animals. (a) Dogs, cats and ferrets current on their rabies vaccinations that are bitten by a suspected or proven Rabid Animal shall be revaccinated immediately, confined and observed for the - 20 ORDINANCE No. 2006-6 - recommended time set by the State of Georgia. Confinement is the responsibility ofthe owner and subject to unannounced inspections by CCAC to ensure compliance. (b) Unvaccinated dogs, cats and ferrets that are bitten by a suspected or proven rabid animal should be humanely euthanized immediately. If the owner is unwilling to euthanize the animal, the exposed animal must be placed in strict confinement/isolation for the period oftime set by the State of Georgia and vaccinated one month prior to being released from isolation. Confining the animal in strict isolation is the responsibility of the animal owner and subject to unannounced inspections by CCAC. (c ) Cattle and livestock that are current on their rabies vaccinations bitten by a suspected or proven Rabid Animal shall be revaccinated immediately, confined, and observed for the period of time set by the State of Georgia. Confining the animal in strict isolation is the responsibility of the animal owner and subject to unannounced inspections by CCAC. (d) Unvaccinated cattle or livestock bitten by a suspected or proven Rabid Animal should be destroyed (slaughtered) immediately. Under special circumstances and with the approval of CCAC and the County Health Department, the owner may opt to keep the exposed animal under very strict confinement/isolation and close observation for the period of time set by the State of Georgia. (e) Any animal bitten by a suspected or proven Rabid Animal that is not destroyed and manifests any of the symptoms of rabies should be immediately examined by a licensed veterinarian. If the licensed veterinarian determines the animal is displaying symptoms of rabies and the symptoms cannot be attributed to any other illness or injury, the animal shall be humanely euthanized and CCAC shall be notified. (f) All animals will be managed in accordance with the guidelines established in the most current edition of the Georgia Rabies Control Manual. Sec. 14-98 - 14-120. Reserved. - ARTICLE IV. CRUELTY AND RELATED OFFENSESt - Sec. 14-121. Cruelty to Animals. (a) Any person who abuses an animal, or aids another person in abusing an animal, or causes or permits an animal to abuse another animal, by acting or failing to act, shall be in violation of this chapter. Cruelty to an animal includes but is not limited to: (I) Willfull neglect as defined by this chapter; (2) Failure to provide reasonable remedy or relief for any injured or diseased animal; (3) Overloading, overdriving; (4) Beating, torturing, tormenting or mutilating; (5) Abandonment; (6) Killing any animal or causing the same to be done; (7) Failure to maintain adequate care; (8) Failure to provide adequate food; (9) Failure to provide adequate water; (10) Failure to provide adequate shelter; (II) Failure to provide adequate bedding; (12) Failure to provide adequate primary enclosure; (13) Failure to provide adequate exercise; (14) Failure to provide adequate space; (IS) Failure to maintain sanitary conditions; (16) Failure to provide adequate ventilation; (17) Failure to provide adequate temperature control; (18) Hording or collecting animals as defined by this chapter; 21 ORDINANCE No. 2006-6 (19) Owning, managing, obtaining, confining or caring for any number of animals in an animal mill as defined by this chapter; or (20) Otherwise treating any animal in a cruel or inhumane manner; (b) Exceptions: (1) Licensed veterinarians who perform surgery or euthanasia and CCAC or City of Smyrna personnel who euthanize animals under the direction of the CCAC Manager per the guidelines ofthe Georgia Veterinary Medical Association, Georgia Department of Agriculture and this chapter are not in violation ofthis chapter. (2) A person shall not be guilty of cruelty when the person is protecting his life, the life of another person or animal that is being attacked by an animal that is attempting to severely harm or kill him, provided that the person being attacked is not committing a crime or is not aggravating or inciting the animal to attack, and has not aggravated, injured, abused, or assaulted the animal in the past. - Sec. 14-121.1. Aggravated Cruelty to Animals. (a) Any person shall be in violation of this chapter and shall be guilty of aggravated cruelty who knowingly and maliciously causes or aids another person or animal in causing or attempting to cause the death, physical harm or serious disfigurement of an animal by, but not limited to, any of the following: Rendering a part of such animal's body useless; Drowning, severely starving, severely dehydrating, strangling, suffocating, burying alive, or burning; Attempting to kill, abuse, maim, disfigure, dismember, mutilate or torture any animal; or Administering poison to any animal or exposing any animal to any poisonous or toxic/deadly substance. (b) Exception: Licensed veterinarians who perform surgery or euthanasia and CCAC or City of Smyrna personnel who euthanize animals under the direction of the CCAC Manager per the guidelines of the Georgia Veterinary Medical Association, Georgia Department of Agriculture and this chapter are not in violation of this chapter. (c) Exception: A person shall not be guilty of aggravated cruelty when the person is protecting his life, or the life of another person or animal that is being attacked by an animal that is attempting to severely harm or kill him, provided that the person or animal being attacked is not committing a crime or is not aggravating or inciting the animal to attack, and has not aggravated, injured, abused or assaulted the animal in the past. - Sec. 14-121.2. Abandonment of a Domestic Animal. (a) Any person who engages in any behavior or activity defined under 14-01, "Abandonment (Abandonment of an Animal)" shall be in violation of this chapter. (b) Exception: An animal that is deserted when premises are temporarily vacated for the protection of human life during a disaster or emergency hospitalization shall not be regarded as abandoned under this article where the owner or custodian lacked sufficient time or resources to make reasonable arrangements for the adequate care and custody of the animal. (c) Exception: An animal relinquished through a written agreement with CCAC, the Humane Society of Cobb County, other licensed rescue group, licensed veterinarians, individual, or other entity shall not be deemed abandoned but shall be considered relinquished to the entity. (d) Exception: An animal left unattended when its sole owner dies shall not be deemed abandoned, and shall be impounded by CCAC until CCAC can locate a family member to take custody of the animal. If a family member cannot be located, then the animal will be held in compliance with Section 10-67 of this chapter. - 22 ORDINANCE No. 2006-6 - Sec. 14-121.3. Fighting of Animals. (a) No animal shall be used for fighting. (b) No animal shall be used to train other animals to fight. (c) No animal shall be used as bait to encourage aggressive or fighting behavior in other animals. (d) No person shall own, possess, keep, harbor, train, lend, borrow, or handle any dog, cat, bird/fowl, or other domestic, feral or wild animal with the intent that such animal shall be engaged in any animal fight/fight training, exhibition of animal fighting or being used as bait for fighting/aggressive animals. (e) No person shall train, assist, umpire/referee or in any way participate in the training of any animal to be used for animal fighting or used as bait or for animal fighting, or torment, badger or bait any animal for the purpose of fighting or blood sport training or any other such activity, the primary purpose of which is the training/conditioning of animals for aggressive or vicious behavior or animal fights or exhibitions of fighting animals. (f) No person shall charge admission to, participate in, or be present as a spectator, handler, timekeeper, referee, guard, etc. at any animal fight/battle. (g) No person shall profit from any activity connected with any animal fight or exhibition of animals fighting or training, or competitions or matches of fighting animals. (h) Any animal found to be used in violation of subsection (a)(b)(c)(d) or (e) ofthis section will be immediately confiscated by CCAC. - Sec. 14-121.4. Animal Fighting/Training Arenas/Areas. No person shall, for the purpose of any exhibition/ occurrence of animal fighting, training for animal fighting, or training of animals to display aggressive behaviors: (I) Build, make, maintain, or keep a pit or other animal fighting arena or area, whether permanent or portable, on premises owned or occupied by him; (2) Allow a pit or other animal fighting arena or area whether permanent or portable, to be built, made, maintained, or kept on his premises; or (3) Build, make, maintain, or keep a pit or other animal fighting arena or area, whether permanent or portable, on public or private property. Sec. 14-121.5. Training Equipment. No person shall: (a) Possess, use, sell, give, trade, or loan apparatus, paraphernalia, pit supplies, implements, programs, drugs or equipment used to train or condition animals to be aggressive, aggressive animals, game animals, or animals used to train other animals to be aggressive. (b) Use any animal as bait or as a lure in training dogs for racing or other competitions. - Sec. 14-121.6. Animals in Motor Vehicles. Any person shall be in violation of this chapter who: (a) Transports an animal in a pickup or other open vehicle unless the animal is either: (1) Fully enclosed within the vehicle. (2) Protected by a belt, halter, tether, cage, container or other device that will prevent the animal from falling, jumping or being thrown from the motor vehicle and that will protect the animal from harm. (b) Leaves an animal in a parked vehicle when temperatures inside the vehicle may adversely affect the animal's health and welfare. When the conditions inside a parked vehicle constitute an imminent threat to the animal's health or safety, any animal left in a parked vehicle may be removed from that vehicle by CCAC, any law enforcement agency, or fire agency. (c) Leaves an animal unrestrained or unattended in any parked open vehicle. (d) Leaves an animal in any vehicle where it must stand, sit or lie on extremely hot or cold surfaces including but not limited to truck beds. 23 ORDINANCE No. 2006-6 Sec. 14-121.7. Impoundment of Animals Inhumanely or Cruelly Treated in Violation of Sec. 14-121 thru 14-121.6. Any animal that has not received humane care, that has been subjected to cruelty in violation of 14-121 thru 14-121.2 or 14-121.6, or that is used or intended for use in any violation of 14-121.3 thru 121.5 shall be immediately impounded by CCAC. - Sees. 14-122 - See 14-134. Reserved Article V. Misc. Offences. Sec. 14-135. Selling/Giving Away of Animals; Use of Animals as Prizes. Selling or giving away animals in front of or on private property or public property, other than the animal owner's property, without the owner's permission, is prohibited. A licensed rescue group, licensed animal shelter, licensed veterinarian, licensed pet dealer, or licensed humane society which has all required governmental licenses, registrations and has obtained permission from the owner ofthe business or property, may sell or give away animals on private or public property, including but not limited to: retail stores, businesses, flea markets, yard sales and CCAC or municipal property. Sec. 14-136. Motorist Hitting Domestic Animal to Make Report. Any person who strikes or causes injury to any domestic animal while operating a motor vehicle shall notify the owner of the nature ofthe injury and the location of the incident. If the owner is unknown, the person striking or injuring the animal shall notify CCAC, the County Police Department, or any law enforcement agency. Sec. 14-137. Exhibition of Animals. (a) Animal exhibitions will be permitted provided that the exhibitor: (1) Has all valid licenses and permits that are required by the state, county or city available for inspection on demand; (2) Abides by all federal, state and local laws, ordinances, rules and guidelines that apply to such exhibits; (3) Does not exhibit any animal that is ill or injured; (4) Has a licensed veterinarian either present or on call to attend to any injured/ill animal; (5) Confines/controls all animals to protect the public and the animals from harm; and (6) Ensures that all animals are treated in accordance with this chapter. (b) Legal exhibitions include but are not limited to petting zoos, circuses, dog shows, individuals or groups displaying/marketing animals for adoption or sale, etc., unless otherwise prohibited in this chapter. Animals that are high-risk carriers of rabies such as foxes, raccoons, and skunks shall not be exhibited in petting zoos or any exhibition where they can come in contact with people. (c) Exhibitions of animals for illegal purposes as stated in local ordinances, this chapter, state and federal laws are strictly prohibited. (d) No person shall in any manner or for any reason encourage, instigate, promote, assist, exhibit, organize, sponsor, host or participate in an exhibition/demonstration of the following types of animals including but not limited to those animals that are: (1) Used or potentially used for fighting or training for fighting; (2) Game animals; (3) Bred with the intent to fight; or (4) Aggressive animals. - - 24 ORDINANCE No. 2006-6 - Sec. 14-138. Sanitation. (a) Animal owners must keep their yard, property, porches, balconies, decks, etc. reasonably free of animal feces. Animal waste will be removed in a timely manner by placing said material in a closed or sealed container and thereafter disposing of it in the animal owner's trash receptacle, sanitary disposal unit, or other closed or sealed refuse container. (b) Persons who permit their animals to defecate on public or private property other than their own property are required to immediately pick up the feces, bag the feces, and properly dispose of the feces. Animal waste shall be removed by placing said matter in a closed or sealed container and thereafter disposing of it in the animal owner's or public trash receptacle, sanitary disposal unit or other closed or sealed refuse container. (c) Any person found in violation of subsection (a) or (b) ofthis section shall be in violation of this chapter, subject to the following exceptions: (1) Persons using guide dogs or assistance dogs are exempt from removing feces; (2) Hunting dogs being used in a legal hunt with permission of the property owner; or (3) Law enforcement officers working police trained dogs. 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 17th day of April, 2006. /~~ Attest: A. Max Bacon, Mayor Susan D. Hiott, City Clerk City of Smyrna Approved as to form: fl~ -- Scott A. Cae ran, City Attorney - 25 ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA .... Ordinance Number 2006-1A Land Lot 332.333.388 & 389 Acres 34.58 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, ofthe Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of at least 60 percent of the land and 60 percent of the resident electors 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 April 17. 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 ofthe 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 17th April, 2006. A. Max Bacon, Mayor fJ~ o. <fl~ Susan D. Hiott, City Clerk City of Smyrna lc~v City of Smyrna .. .... - ... ORDINANCE 2006-1A EXHIBIT "A" 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 LOCATED 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 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 APPOINT; 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 SUBTENDED BY A CHORD OF 519.37 FEET, AT NORTH 05 DEGREES 14 MINUTES 41 SECONDS EAST, TO A POINT; THENCE NORTH 67 DEGREES 44 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; LESS AND EXCEPT LAND CONTAINED WITHIN NORTH COOPER LAKE ROAD (40' R/W); SAID TRACT OR PARCEL CONTAINS 34.58 ACRES.