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06-05-2006 June 5, 2006 June 5, 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, Community Development Director Chris Miller, Finance Director David Boyd and representatives of the press. Invocation was given by Pastor Steve Kimmel from First Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon expressed condolences to the families and friends of Amir Askarian, David Littlejohn, and Ed Ferguson who recently passed away. MAYOR'S REPORT: Mayor Bacon recognized Lt. Leonard from the City police department and police explorers from Post 217, and Lt. Leonard provided details to those present concerning the explorer's recent successes at the State Law Enforcement Explorers Competition. At Mayor Bacon's request, Lt. Leonard provided details to those present regarding the police explorer program. Mayor Bacon recognized Mr. Dan Hoppe, and Mr. Hoppe provided details to those present concerning his candidacy for the District 6 post of the State Senate. - LAND ISSUES/ZONING/ANNEXA nON: (A) Public Hearing - Rezoning Request Z06-018 - RM-12 RHR-Conditional- 8.84 acre tract - Valley Woods Apartments - Coro Realty Advisors, Inc. Mr. Wright stated the applicant has requested rezoning of this property in order to build 110 townhouse dwellings at a density of 12.44 units per acre. Mr. WrigQt stated the Planning and Zoning Board (PZB) and staff recommend approval of the request subject to a number of conditions. Mayor Bacon stated this is a public hearing and asked for public co~Vment, and the oath was administered to several persons by Mr. Cochran. -- Council Member Scoggins recognized Mr. Garvis Sams, an attorney representing the applicant, and Mr. Sams provided details to those present regarding the proposed plans for the subj~ct property. Mr. Sams introduced Mr. Bill Bartlett and John Londine (phonetic) from Coro Realty Advisors, Inc. (CORO), Mr. Earl Johnson representing Johnson-Willis Homes and Mr. Chip Fife (phonetic) representing the property owners to the present officials. Mr. Sams stated the subject property is currently occupied by 100 functionally obsolescent apartments, and is designated on the Future Land Use Map as medium density residential for land use purposes. Mr. Sams stated the density of the existing apartment complex is 11.31 units per acre. Mr. Sams stated the subject property is surrounded by a multiplicity of uses including duplexes and commercial and industrial developments. Mr. Sams stated the proposed rezoning would entail a land use change to high density residential (HDR). Mr. Sams stated the applicant is agreeable to all special stipulations and applicable standard conditions of rezoning as recommended by staff. Mr. Sams stated the June 5. 2006 2 applicant is also agreeable to additional stipulations as set forth in the letter from Sams, Larkin & Huff, LLP dated May 18,2006. (Clerk's Note: A copy of this letter is appended hereto as Exhibit "A") Mr. Sams stated the projected selling prices ofthe proposed townhouses will start at around $400,000. Mr. Sams provided numerous other details concerning the planned townhouse community to those present. - Council Member McNabb asked Mr. Sams to explain a discrepancy between minimum driveway lengths specified in his letter of May 18 and those set forth in item # 18 of the staff recommend- ations. Mr. Sams stated the applicant would prefer that the 18' minimum driveway length specified in the May 18 letter be allowed in this case. Mayor Bacon recognized Mr. Dan McQuade, residing at 1555 Roswell Street, and Mr. McQuade asked if it is correct that the City's arborist must approve this plan. Mayor Bacon answered in the affirmative. Mr. McQuade asked why the City arborist allows many trees to be cut down. Mr. McQuade expressed the view that the proposed plan will forever change the appearance of Williams Park. Mr. McQuade stated he has seen no illustrations of the planned townhouses. Mr. McQuade stated approval of this plan will set a precedent of clear-cutting trees and building the type of product as proposed in the subject area. Mr. McQuade asked the present officials to consider whether or not this is the type of housing they want to see in this area. Mayor Bacon stated he believes there is no precedent involved in this case because there is already an apartment complex on the subject property, and that the applicant's plan calls for owner-occupied housing. Mr. McQuade asked why many trees are allowed to be cut down in Smyrna if the City has a strict tree ordinance. Mr. McQuade expressed the view that the proposed plan will forever change the appearance of Williams Park. Mayor Bacon stated the City tree ordinance includes a tree replace- ment plan which requires builders to replant trees lost during development. At Mayor Bacon's request, Mr. Miller showed graphic representations of the planned structures to those present. - Mayor Bacon recognized Mr. Ron Davis, residing on Roswell Street, and Mr. Davis provided details to those present concerning meetings with the developers of the proposed project which he attended. Mr. Davis provided details to those present concerning traffic patterns in the subject area. Mr. Davis provided details to those present regarding the particular routing of construction vehicles for the project which he would prefer. Mr. Davis asked Council Member Scoggins to add a stipulation to this rezoning regarding the routing of construction vehicles for the project. Council Member Scoggins stated the safety of the City's residents is his primary concern. Mayor Bacon recognized Ms. Casey Clavin, residing on Roswell Street, and Ms. Clavin expressed the view that the plan for the subject property as submitted does not conform to the City's RHR zoning regulations. Ms. Clavin expressed concerns about a precedent being set for condominiums being built in the City. Ms. Clavin expressed views to those present concerning four-sided architecture. Mayor Bacon recognized Ms. Rochelle Martin, residing at 1423 Spring Leaf Circle, and Ms. Martin stated her community only has one exit onto Matthews Street, and asked that this fact be taken into consideration when the developers come in. Council Member Scoggins stated the city engineer will make a decision regarding safe routing of construction traffic if this rezoning is approved. Mayor Bacon recognized Mr. William Stefano, residing at 1606 Walker Street, and Mr. Stefano expressed concerns about drivers speeding on Matthews Street. Mr. Stefano stated the City's 'ffIII/II1' June 5, 2006 3 - officials will not allow trees to be torn down and streets to be mangled. Mr. Stefano stated the proposed townhouses will favorably impact the City's tax base and funding of public safety operations. Mr. Stefano stated that Smyrna is a growing community, and that Matthews Street is not overcrowded. Council Member Scoggins stated that part of Matthews Street is in un- incorporated Cobb County which makes traffic enforcement there difficult. Mr. Stefano stated that some trees in his neighborhood which were planted as replacements by a developer look better than the original trees. Mr. Stefano commented favorably about the City's elected officials. Mayor Bacon recognized Ms. Myrna Evans, residing at 1320 Roswell Street, and Ms. Evans requested that the proposed development not be built as a separate enclave. Ms. Evans requested that the monument sign and walls be removed from the proposed plan. Mayor Bacon recognized Mr. Rod Miller, residing in Heritage at Vinings, and Mr. Miller asked the present officials to approve this plan in order to remove the existing apartments. Mr. Miller stated the existing apartments are in disrepair. Mr. Miller stated that saving trees is a desirable objective, but it is not always possible to save trees where high-density housing is being built. Mr. Miller stated that efforts to save trees are often unproductive. Mr. Miller stated the townhouses proposed for the subject property are fee-simple dwellings. At Council Member Scoggins' request, Mr. Miller read the special stipulations of the rezoning request into the record as follows: Special Conditions 15. The development shall maintain the following setbacks: - Exterior Streets - 20' Exterior (non street) - 10' Interior - 10' from back of curb Front to Front - 50' Side to Side - 10' Side to Rear - 20' Rear to Rear - 32' 16. A 10' landscape strip shall be provided and maintained along the eastern and western property lines. 17. A six-foot tall opaque fence shall be installed and maintained along the eastern and western property lines. 18. Driveway - 18' minimum length from building face to edge of alley pavement. Each townhouse unit shall have a two-car garage. Alternatively, the master covenants must prevent the use of any driveways for the purpose of parking as they will not be long enough to accommodate a parked vehicle. 19. The developer shall provide any additional right-of-way dedication to maintain a 25' distance from the centerline of Roswell Street, Whitfield Street, and Windy Hill Place. 20. The reduction in detention mentioned in stipulation #4 shall be based on natural conditions. - June 5. 2006 4 21. No specialty signage or entry signage will be allowed for this subdivision. MOTION: Council Member Scoggins made a motion to approve 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. The motion was seconded by Council Member McNabb. Council Member Newcomb acknowledged that he has expressed concerns about the approval of townhouse developments in the City. Council Member Newcomb stated it is a policy goal of the City to achieve a desirable balance between owner-occupied housing and rental housing in Smyrna. Council Member Newcomb stated the developer's plan for the subject property has evolved in a positive way because of input from citizens. Council Member Smith asked Mr. Sams why photographs of26' wide units were submitted as an example of the type of structures proposed for the planned development when the planned development will include structures which for the most part will be 22' wide. Mr. Sams stated he believes it is best to show the deciding authorities a picture of something the developer has actually built which accurately depicts the architectural style and composition proposed for this site. Council Member Smith provided details to those present concerning architectural details which he believes could vary if the structures planned for the subject property are built in a smaller scale. Council Member Smith expressed the view that this is a misrepresentation of what the builder intends to build. Mayor Bacon stated it has been made clear that the photographs show 26' wide structures. Mayor Bacon stated he believes the proposed structures will closely resemble those shown in the submitted photographs. Mayor Bacon stated there is little difference in the density of the existing apartment complex and the density of the townhouse development as proposed. Mayor Bacon stated he greatly prefers seeing new townhouses on the subject property. Mayor Bacon stated he believes replacing an aging apartment complex on the subject property with new owner- occupied housing is a positive step. Council Member McNabb stated that the tree plan for the subject property calls for 220 replacement trees with a minimum caliper of 4." Council Member McNabb recapitulated the positive aspects of this proposal including replacement of an apartment complex on the subject property with new owner-occupied housing and an increase in the tree canopy on the property. Council Member McNabb expressed the view that this development will have a favorable impact on the subject area. Council Member Lnenicka stated the development as proposed may not be ideal but it does have positive aspects. Council Member Lnenicka expressed appreciation to the applicant and residents of the subject area for the time and effort they have put into this plan. Council Member Lnenicka asked Council Member Scoggins if this motion is subject to the staff stipulations and the stipulations contained in the letter from Sams, Larkin & Huff, LLP dated May 18, 2006 with exceptions noted in the testimony. Council Member Scoggins advised Council Member Lnenicka that he previously asked Mr. Sams if the applicant is agreeable to the stipulations. Council Member Lnenicka asked Council Member Scoggins ifthis motion is subject to the stipulations, and Council Member Scoggins answered in the affirmative. Motion was approved 7 - O. - - FORMAL BUSINESS: (C) Public Hearing - Proposed fiscal year 2007 budget Mayor Bacon stated this is the first of two public hearings before adoption of the 2007 City budget. Council Member Wood stated copies ofthe proposed fiscal year (FY) 2007 budget are available for public inspection at City Hall. Council Member Wood provided details to those present concerning the proposed FY 2007 budget. Council Member Wood stated the proposed fiscal year 2007 budget is not predicated on any property tax increases. Council Member Wood recognized Mr. Boyd, and Mr. Boyd presented a summary of the proposed fiscal year 2007 budget to those present. Council Member Lnenicka commended Scott Stokes and the Public .... June 5, 2006 5 - Works Department staff for the work they have done over the last several years to significantly reduce the incidence of sewer back-ups in the City along with associated costs. Council Member McNabb provided details to those present concerning the impact of the special local option sales tax (SPLOST) on the budget figures. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. LAND ISSUES/ZONING/ANNEXATION: (Continued) (B) Rezoning and Annexation - Cooper Lake Road - Tennis Development, LLC 1. Public Hearing - Rezoning Request Z06-026 - R-20 to LC - 2.016 Acre Tract- Cooper Lake Road near North Cooper Lake Road - Tennis Development, LLC Mr. Wright stated the applicant is requesting rezoning of the subject property in order to build a 19,000 s.f. medical office building. 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. There was none. Council Member Wood recognized Mr. Tennis and Mr. Bob Lintel (phonetic), and Mr. Tennis provided details to those present concerning the plans for the subject property. At Council Member McNabb's request, Mr. Tennis provided details to those present concerning the types of medical services which are expected to be available at the proposed facility. Council Member Wood recognized Mr. Miller, and Mr. Miller read the special conditions of this rezoning request into the records as follows: - Special Conditions: 10. The final plans shall conform to the site plan and elevations submitted with the rezoning package. 11. Overstory trees shall be provided along each road frontage at a rate of one tree every 35' . Council Member Lnenicka asked why LC is recommended in this case as opposed to 01. Mr. Miller expressed the view that LC zoning is compatible with surrounding uses and the subject area. 2. Approval of Annexation Request (100% of owners requesting annexation) - 1.06 acre tract - Land Lot 389, Parcel 28, 1 ih District, 2nd Section - Cooper Lake Road - Cooper Lake Limited Partnership MOTION: Council Member Wood made a motion to approve annexation of a 1.06 acre tract in Land Lot 389, Parcel 28, 1 ih District, 2nd Section on Cooper Lake Road for Cooper Lake Limited Partnership to become a part of Ward 7 of the City of Smyrna with an effective date of July 1, 2006. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - June 5. 2006 6 The motion was seconded by Council Member Smith. Motion was approved 6 - O. Mayor Bacon stated that Council Member Scoggins has departed from the meeting. 3. Final Vote - Rezoning Request 206-026 - R-20 to LC - 2.016 Acre Tract - Cooper Lake Road near North Cooper Lake Road - Tennis Development, LLC - MOTION: Council Member Wood made a motion to approve Rezoning Request 206-026 from R-20 to LC for a 2.016 acre tract on Cooper Lake Road near North Cooper Lake Road for Tennis Development, LLC. The motion was seconded by Council Member Smith. Motion was approved 6 - O. (C) Public Hearing - Rezoning Request 206-029 - RM-12 and NS to RTD Conditional- 10.53 Acre Tract - 3310/3330 Atlanta Road - ABG Development, LLC Mr. Wright stated this property was granted a series of variances during January of this year. Mr. Wright stated these variances enabled the apartment complex to start the conversion process from 144 multi-family to 121 single-family attached townhouse units at a density of 12.77 units per acre. Mr. Wright stated the current site plan now calls for 133 townhouse units at a density of 12.63 units per acre. Mr. Wright stated staff recommends approval for 133 residences zoned RTD-Conditional with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka recognized Mr. Morgan, and Mr. Morgan provided details to those present concerning the plans ABG Development, LLC (ABG) has for the subject property. Mr. Morgan stated ABG was able to acquire a one acre tract adjacent to the original property. Mr. Morgan stated a plan revision is needed to allow construction of the project with 18' driveways. Mr. Morgan stated ABG also wishes to include wrap-around porches for end units in the revised plan which will result in some minor encroachments into buffer areas. Mr. Morgan stated the original plans called for the rear of the buildings to face Atlanta Road. Mr. Morgan stated a change in fence requirements is also being requested in connection with changing the plans to have the fronts of the buildings face Atlanta Road. Mr. Morgan showed a graphic representation of the proposed project to the present officials. At Council Member Lnenicka's request, Mr. Morgan provided details to those present concerning the community building planned for the proposed development. At Council Member Lnenicka's request, Mr. Morgan provided details to those present concerning features some of the units will have for the needs of mature residents. Mr. Morgan stated that elevators will be available as an option, and that some 64 units can be made available with active adult living needs in mind. Council Member Lnenicka asked Mr. Morgan if the stipulations of this rezoning as formulated by the City staff are acceptable, and Mr. Morgan answered in the affirmative. (Clerk's Note: A copy ofthe conditions of this rezoning are appended hereto as Exhibit "B") Mayor Bacon stated he is in favor of this rezoning proposal because it will result in an older apartment complex being replaced with owner-occupied housing. Council Member Lnenicka thanked Mr. Morgan for cooperating with the City staff on this project. Council Member Lnenicka stated inclusion of the additional parcel will help enhance the entrance and streetscape of the development, and the amended fence plan and structure placement will result in an even more attractive product. - MOTION: Council Member Lnenicka made a motion to approve Rezoning Request 206-029 from RM-12 and NS to RTD-Conditional for a 10.53 acre tract at 3310/3330 Atlanta Road - June 5, 2006 7 for ABG Development, LLC subject to the 22 staff recommended stipulations. The motion was seconded by Council Member Wood. Motion was approved 6 - O. - (D) Public Hearing - Rezoning Request Z06-03l - Zoning Amendment - Turner Drive and Belmont Circle - Brock Built, LLC Mr. Wright stated the applicant requests approval to amend the site plan and stipulations for the rezoning previously approved by Hatcher Homes during 2005. Mr. Wright stated the number of units is not to be changed, but changes to the site plan and orientation of structures is requested. Mr. Wright stated staff recommends approval of the requested changes 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 Smith recognized Mr. Kevin Moore, an attorney representing the applicant, and Mr. Moore introduced Mr. Matthew Gross and Mr. Denton West representing Brock Built, LLC (BBH) to those present. Mr. Moore provided details to those present concerning the proposed changes to the site plan for the subject property. Mr. Moore stated the plan changes are expected to result in a redevelopment project which will be better than the one previously planned. Mr. Moore stated that BBH has worked closely with the City staff on this plan change, and that both staff and the PZB recommend approval of this zoning amendment request. Mr. Moore stated the size of the dwellings will increase as a result of the changes to the plans and there will be a corresponding increase in selling prices. Mr. Moore stated BBH is requesting that a previously approved stipulation restricting these homes to persons 55 years of age or older not be included in the revised stipulations. Mr. Moore stated BBH has agreed to build a minimum of 25% of these homes with master bedrooms on the main floor so that a portion of this project will be dedicated to serving the market for mature homebuyers. Mr. Moore showed graphic representations of the proposed architecture for the project to those present. Mr. Moore stated the exterior finishes of the structures will feature a variety of materials. Mr. Moore requested that the following sentence be excluded from standard condition #1 as it relates to this zoning amendment: The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. - Council Member McNabb asked where a previously planned 20' by 20' pavilion structure appears on the updated site plan. Mr. Moore stated BBH plans to construct a covered pavilion in some common space near Turner Drive. Mr. Moore stated the pavilion will be constructed in such a way as to help screen a water detention structure on the subject premises. Council Member Lnenicka asked if BBH would consider conditions requiring features in some of the dwellings for mature residents such as those set forth in the Easy Living Standards (ELS). Mr. Gross stated BBH builds structures with master bedrooms on the main floor which are suitable for a senior lifestyle but they are not built in strict conformity with ELS. Council Member Lnenicka asked if BBH would consider building stepless entries and wider doorways for the structures with master bedrooms on the main floor. Mr. Gross stated installation of step less garage entries, wider doorways on the main level and wall supports in master bedrooms and bathrooms is possible for the structures with master bedrooms on the main floor. Council Member Lnenicka asked if a stipulation of this zoning amendment request requiring installation of stepless garage entries, wider doorways on the main level and wall supports in master bedrooms and master bathrooms is possible for the 25% of the structures which will have master June 5, 2006 8 bedrooms on the main floor. Mr. Gross stated if the requirements are limited to the specified features, then BBH will agree to such a stipulation. Mayor Bacon recognized Ms. Angie, residing on Turner Drive, and Ms. Angie expressed concerns about the length of time this redevelopment has required, unsightly conditions at the construction site, and the fact that there will be only one entrance to the subdivision on Turner Drive. Ms. Angie expressed concerns about additional vehicular traffic being introduced onto Turner Drive. Mr. Miller stated the original plan called for 14 lots accessed by individual driveways connecting to Turner Drive with one common entrance point on Belmont Circle and a limited access point on Turner Drive. Mr. Moore stated addition of an access point on Belmont Circle is not feasible with the revised site plan. Mr. Moore stated a continuous streetscape with an appealing appearance is planned along the two streets, and that any additional access point would have to be very limited in scope. Mr. Moore stated BBH will make efforts to make certain the construction site is maintained in reasonably good general order. Council Member Smith asked what the approximate width of the entrance adjacent to lot #15 will be. Mr. Moore stated the plan indicates a standard street width of 24.' Mr. Gross stated a continuous streetscape is needed in order to provide curb appeal. Council Member Smith asked what the approximate width of lot #1 is, and Mr. Gross stated it is approximately 50' wide. - MOTION: Council Member Smith made a motion to approve Rezoning Request Z06-031 for zoning amendment at Turner Drive and Belmont Circle for Brock Built, LLC subject to stipulations as formulated by City staff and agreed upon by the applicant. (Clerk's Note: A copy of the special conditions and applicable standard conditions of the zoning amendment are appended hereto as Exhibit "C") Council Member Smith stated he did not support this project as originally proposed. Council Member Smith stated the amended plan has an improved streetscape. The motion was seconded by Council Member Wood. Motion was approved 6 - O. - PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (Continued) (A) Approval of Resolution for Extending the Emergency 911 Surcharge Mr. Wright stated reaffirmation of the need to collect this fee is required annually. Mr. Wright stated staff recommends approval of reaffirming the need to collect this $1.50 monthly fee from telephone service subscribers in the City. MOTION: Council Member Lnenicka made a motion to approve the Resolution reaffirming the need to charge telephone subscribers a $1.50 monthly fee to fund Emergency 911 operations. The motion was seconded by Council Member Wood. Motion was approved 5 - O. (Clerk's Note: Council Member Smith was not present at the time of this vote) (B) Approval of Renewal of Suntrust Corporate Resolution and Certificate of Incumbency Mr. Wright stated renewal of the Suntrust Corporate Resolution and Certificate of Incumbency is required annually. Mr. Wright stated staff recommends renewal of the Resolution and Certificate of Incumbency. MOTION: Council Member Wood made a motion to approve renewal ofthe Suntrust Corporate - June 5, 2006 9 Resolution and Certificate of Incumbency. The motion was seconded by Council Member Lnenicka. Motion was approved 5 - O. (Clerk's Note: Council Member Smith was not present at the time of this vote) - COMMERCIAL BUILDING PERMITS: (A) Commercial building permit - Medical Office Building - 4480 North Cooper Lake Road - Hogan Construction Group MOTION: Council Member Wood made a motion to approve a commercial building permit for a medical office building at 4480 North Cooper Lake Road for Hogan Construction Group. The motion was seconded by Council Member Lnenicka. Motion was approved 5 - O. (Clerk's Note: Council Member Smith was not present at the time of this vote) CONSENT AGENDA: (A) Approval of May 15, 2006 minutes (B) Approval of Street Closings for June and July concerts The Sat., June 10 - 2nd concert and the Sat., July 8 - 3rd concert to be held in the downtown require closing of the Village Green Circle traffic circle and connecting streets from the Friday prior through cleanup of each event. The closing date for the June concert would be Friday, June 9 through close and cleanup of event on June 10. The closing date for the July concert would be Friday, July 7 through close and cleanup of event on July 8. Approval of closings is recommended. - (C) Approval of street closing for Afton Downs neighborhood party Closing of Afton Court on Saturday, June 3, 2006 from 7:00 p.m. until 11 :00 p.m. is requested for this planned neighborhood gathering. (D) Bid Award for Architectural and Civil/ Site Design, New Adult Recreation Building at Church Street Park RFQ # 6-018 Three (3) submittals were received: Lyman, Davidson, Dooley, Inc. (LDDI) is recommended by staff and the city's parks bond program manager, Moreland-Altobelli. LDDI demonstrated the most appropriate and applicable experience in their statement of qualifications. An interview and scope of work review with LDDI demonstrate those parties responsible for proposed design are qualified. The firms rejected were PBS & J and Wright Mitchell & Associates. Award of the design work to LDDI under RFQ# 6- 018 and authorizing the Mayor to sign and execute a contract with LDDI for this work is recommended. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member McNabb. Motion was approved 5 - O. (Clerk's Note: Council Member Smith was not present at the time of this vote) COMMITTEE REPORTS: Council Member Wood yielded the floor with no report. ... Council Member Lnenicka thanked the members of the Cedar Cliffs HOA for inviting him to a block party they recently hosted. Council Member Lnenicka thanked the residents of Ward 6 June 5, 2006 10 who participated in the Smyrna Garden Tour held recently. Council Member Lnenicka stated the proceeds of this event will benefit the Calvary Childrens Home and MUST Ministries. Council Member Lnenicka expressed condolences to the families and friends of Amir Askarian and David Littlejohn who both recently passed away. - Council Member Smith yielded the floor with no report. Council Member McNabb yielded the floor with no report. Council Member Newcomb thanked the residents of Ward 1 who attended the ward meeting he conducted recently. Council Member Pritchett commented favorably about the recent Memorial Day ceremony held in the City. CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 10: 15 p.m. - .... June 5, 2006 11 - ~Y6d/y SUS D. HIOTT, Y CLERK ~~~ . BILL S OGGINS,.. 3 J!l~NA~~ .. - tP~~ CHARLES PETE WOOD, WARD 7 - June 5, 2006 12 Exhibit "B" Z06-029 June 5, 2006 - 1. A 6' tall opaque fence shall be installed and maintained along each property line (excluding Atlanta Road). 2. A 10' landscape strip shall be installed and maintained along the east property line. This strip shall be increased to 20' along the south property line and 12' along the west property line. Balconies are permitted to encroach a maximum of 3' into these buffers. 3. A 20' landscape strip shall be provided along the northern property line (Atlanta Road). This buffer shall include a continuous line of shrubs and one street tree spaced every 35'. 4. The landscape plan must provide adequate screening and be approved by the Community Development Department. 5. A 6' tall decorative fence with brick/stone columns spaced every 12 - 20' shall be installed and maintained within the Atlanta Road landscape strip. The fence may also be used to incorporate the entry signage for the subdivision. The term "Vinings" shall not be a part of any name for the subdivision. The entry signage shall be approved by the Community Development Department. 6. The composition of the homes in the residential subdivision shall include a mixture of elements: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut Atlanta Road shall not be permitted to utilize hardy plank for any elevation facing Atlanta Road. - 7. The development shall provide a community building large enough to accommodate HOA meetings. This building shall contain restroom facilities. The community building shall not be located adjacent to any exterior property lines. 8. A strip of brick pavers or stamped concrete for a minimum distance of 30' shall be provided at the entrance to the new development. 9. All utilities within the development shall be underground. 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 retention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a 20% reduction in a 1 OO-year storm event. The City Engineer shall approve all plans. - June 5, 2006 13 - 13. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization shall be 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". The interior decorative streetlights will be a style equal to or similar to the Sternberg design lights used in downtown Smyrna. The developer agrees to install up to one new streetlight on the Atlanta Road frontage deemed necessary by the City Engineer during the first half of 2006 as part of a corridor streetlight replacement plan. 14. Before the existing water and sewer lines are used for the new development, each line shall be inspected via an internal camera (or another method deemed acceptable by the City). The results of this inspection shall be shared with the City Engineer who shall approve the continued use of these existing systems. 15. 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. The association documents shall contain a restriction such that no more than 10% of the townhouse residences in the community may be available for rent at anyone time. Non-resident home owners must keep the Home Owners Association informed of their current contact information at all times (e.g. mailing address, phone numbers, email address, etc.). 16. The elevations used for each building shall be consistent with the elevations provided to the Mayor and Council during the June 5, 2006 public hearing. - 17. Each residence shall be at least 2,000 s.t. in area and provide a driveway with a minimum length of 18'. 18. Any guest or auxiliary parking spaces shall be constructed to be pervious and subject to approval by the Community Development Department. 19. The current tenants of the subject property shall be given at least 60 days written notice to vacate the property. Developer agrees to provide relocation assistance through its management company to the affected tenants. 20. Approval of all Variances is subject to the general site plan submitted to the Mayor and Council during the June 5, 2006 public hearing. Staff shall have the flexibility to approve relatively minor changes in the plan during the plan approval process without requiring new Variance approval by the Mayor and Council. The developer agrees to demolish all existing apartment buildings. 21. The developer is strongly encouraged to incorporate as many Easy Living requirements as possible into as many units as possible, to include designing the units so that an elevator could be installed, and the use of lever style door handles, wide doorways, no interior room steps and the like. A minimum of 15 units will be built incorporating the Easy Living requirements. - 22. No fencing or other permanent structures may be placed within any area used for emergency vehicle access or common area. No landscaping shall be installed or removed without prior approval of the HOA. June 5, 2006 14 Exhibit "C" Z06-03 1 June 5,2006 - Standard Conditions (Requirements # 2, 8, 16, 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% horizontal lap siding. 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 100-year storm event. The City Engineer shall approve all plans. - 5. All utilities within the development shall be underground. 6. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. 7. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 20 feet. 8. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 9. No debris may be buried on any lot or common area. 10. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". 11. The developer will comply with the City's current tree ordinance (unless noted - June 5, 2006 15 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. Special Conditions 14. The development shall maintain the following setbacks: Front (Proposed Street) - 20' Side - A' (Minimum 7' Between Houses) - 15' (Belmont Circle) Rear - 5' (Interior) 20' (Exterior) Driveway - 21' minimum length from building face to right-of-way 15. Homes on lots 1 - 7 shall employ four-sided architecture such that the rear elevations mirror the front elevations wherever possible. 16. No outside storage shall be permitted, with the exception of firewood and lawn furnishings, or as otherwise prohibited in the protective covenants. - 17. Each unit must be protected by a fire sprinkler system. 18. The mandatory homeowners association must include rules that regulate and control the following: . Each unit shall have a two-car garage. . Garages are restricted to vehicle parking only. . No more than 10% of the total units may be leased by individual owners at a time and for no term less than one year in duration. 19. The developer shall provide a gazebo, or other community structure either above or adjacent to the detention pond, for the subdivision. This structure shall be adequately sized for community meetings. 20. The minimum floor area of each residence without a master on the main shall be 2,000 square feet. Residences with a master on the main shall be a minimum of 1,800 square feet. 21. A minimum of 25% of the dwellings will be built with master bedrooms on the main floor. The structures configured with master bedrooms on the main floor shall include stepless garage entries, wider doorways on the main level and wall supports in master bedrooms and bathrooms - Exhibit "A" Z06-018 June 5, 2006 SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP "- ATTORNEYS AT LAw SUITE 100 376 POWDER SPRINGS STREET MARIETTA. GEORGIA 30064-3448 GARVIS L. SAMS. JR. JOEL L. LARKIN PARKS F. HUFF JAMES A. BALLI* MELISSA P. HAISTEN 770.422.7016 TELEPHONE 770.426.6583 FACSIMILE ~.SAMSLARKINHUFRCOM OF COUNSEL DAVID P. HARTIN May 18,2006 *.ALSO LICENSED TO PRACTICE IN ALABAMA VIA HAND DELIVERY Mr. Christopher S. Miller, AICP, Director City of Smyrna Community and Development Department 3180 Atlanta Road Smyrna, Georgia 30180 Re: Application of Coro Realty Advisors, LLC to Rezone a 8.87 Acre Tract from RM-12 to RHR Conditional (No. Z-06-018) .~ Dear Chris: As you know, this firm represents Coro Realty Advisors, LLC concerning the above- captioned application for rezoning. Additionally, we represent Johnson/Willis Homes, LLC1 which will be the builder with respect to the proposed residential community. The application was heard, considered and recommended for approval by the Planning & Zoning Board on March 13,2006 following the City's professional staffs recommendation for approval. The application has been tabled three (3) times in order to complete the process of formulating revisions to the site plan and stipulations and to allow us to continue our dialogue with area residents and business owners. Additionally, during the periods of time in which the application has been tabled, we have continued our discussions with the Mayor and Members of the City Council. In that regard, the application is now scheduled to be heard and considered for final action by the Mayor and City Council on June 5, 2006. In keeping with direction from staff, the Planning & Zoning Board, the Mayor and City Council Members and based upon our dialogue with area residents and business owners, enclosed please find the requisite number of copies of a revised site plan. Additionally, enclosed ...., I John Willis Homes, LLC was recently awarded the Atlanta Builder of the Year Award by the Greater Atlanta Homebuilders Association. Please see the website at www.iohnwillishomes.com. SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP w VIA HAND DELIVERY Mr. Christopher S. Miller, AICP, Director City of Smyrna Community and Development Department Page 2 May 18, 2006 please find copies of photographs which depict the architectural style and composition of the proposed townhomes.2 The balance of this letter will serve as my clients' expression of agreement with the following revised stipulations which shall become conditions and part of the grant of the requested rezoning, as amended and modified hereby and binding upon the subject property thereafter: 1. The revised 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 applicant seeks a rezoning of the subject property from the existing RM-12 Zoning Classification to the RHR Conditional Zoning Classification analogous to that certain revised site plan, prepared by Sprinkle Design Conservancy, being filed contemporaneously herewith. 3 --- 3. The specific use proposed for the redevelopment of the Valley Woods Apartment Complex is a single family, master planned residential community consisting of a maximum number of 110 townhomes at a density of 12.44 units per acre.4 4. The townhomes shall be a maximum of three-stories in height and shall range from a minimum of 2,000 square feet up to 2,400 square feet and greater. 5 2 The homes depicted in the photographs are located in Vinings Ridge which is a gated, residential community on Cooper Lake Road in unincorporated Cobb County. 3 The proposed residential community will replace the Valley Woods Apartment Complex which presently has a total number of 100 rental units at a density of 11.31 units per acres, a preponderance of which are in various states of disrepair. 4 The revised proposal constitutes a reduction in the originally requested number of units from 142 (16.06 u.p.a.) to 110 units (12.44 u.p.a.). ~ 5 Price points for the townhomes shall range from the mid-$300's to the high $300's and above. SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP w VIA HAND DELIVERY Mr. Christopher S. Miller, AICP, Director City of Smyrna Community and Development Department Page 3 May 18, 2006 5. The architectural style and composition of the homes shall be consistent with the photographs being submitted contemporaneously herewith. The homes shall include front, side and rear elevations consisting of a mixture of brick, stacked stone, stucco, hardy plank and hardy plank shake. 6. All the homes within the subject property shall have two (2) car garages and shall be rear entry alley loaded product. 7. All the townhomes shall have parking pads from the garages which shall be a minimum of 18' in length in order to accommodate two additional cars with appropriate and sufficient guest parking. 6 8. All the townhomes shall be "for sale" only. At anyone time, no more than ten percent (10%) of the townhomes shall be leased and for no less than a lease term of one (l) year in duration. A recital shall be contained within the Declaration of Covenants ensuring same. The Covenants shall be submitted to the City prior to the issuance of building permits. -- 9. Open space/amenity areas within the subject property, in accordance with the site plan being submitted contemporaneously herewith, shall meet the City's requirement for percentage of total site area. Said open space shall be owned, maintained and controlled by a mandatory homeowner's association. This common space shall be developed with improvements for the residential subdivision such as gazebos, fountains, recreational/playground equipment or walking trails. 10. An agreement to create a mandatory homeowner's association which shall be responsible for the upkeep and maintenance of all common areas, landscaped areas, amenity areas, walking trails, fences, streets and lighting within the proposed residential community. 11. A third-party management company shall be hired to manage the day-to-day operations of the master mandatory homeowner's association. The third-party management company shall also be responsible for the management of all association monies as well as insuring that the association itself is properly insured. -- 6 Strategically located throughout the residential community will be 20 additional parking spaces for guest parking. SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP w VIA HAND DELIVERY Mr. Christopher S. Miller, AICP, Director City of Smyrna Community and Development Department Page 4 May 18, 2006 12. An agreement to record and enforce Declaration of Covenants, Conditions and Restrictions which shall contain rules and regulations applicable to the residential community including, inter alia, strict architectural controls. 13. The submission ofa landscape plan during the Plan Review process, subject to staff review and approval and including, but not limited to, the following: a. The landscape plan shall be prepared, stamped and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas, community park, pocket parks, and the community's points of ingress Ie gress. 1. All yards and common areas shall be sodded, landscaped and irrigated as appropriate. -., 11. A five-foot landscape strip shall be provided an maintained along the eastern and western property lines. b. The detention pond on the southern end of the residential community which faces Whitfield Street shall contain an amenity courtyard component which will be accomplished by decking over part of the detention pond with a gazebo feature. This will be a community gathering point and add a distinctive aesthetic feature to the community as viewed from Whitfield Street. c. All utilities within the residential community shall be located underground. d. Signage interior to the residential development shall be themed to the architectural style and composition as aforementioned. e. The installation of decorative street lights throughout the residential community which shall be themed to the architectural style as described hereinabove. f. Electric and communications transformers shall be screened from public view through below grade installation, landscaping or similar measures. g. All mechanical and HV AC equipment shall be behind the buildings and screened from public view through landscaping. '-' SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP w VIA HAND DELIVERY Mr. Christopher S. Miller, AICP, Director City of Smyrna Community and Development Department Page 5 May 18,2006 h. The applicant shall ensure the upkeep, health and aesthetics of the landscaping through the use of proper irrigation of plant species, regular maintenance of the landscaping and the replacement of vegetation which may be diseased or dying. 14. Subject to recommendations from the City of Smyrna Engineering Department concerning hydrology/stormwater management and downstream considerations, including the following: a. Following recommendations with respect to the ultimate positioning and configuration of on-site detention and water quality ponds. b. The Stormwater Detention Plan shall be designed to create at least a ten percent (10%) reduction from existing conditions in a 100 year storm event, subj ect to review and approval by the City Engineer. w c. The detention ponds and water quality ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside of the residential community. 15. Subject to recommendations from the City of Smyrna Public Works Department with respect to the availability and accessibility of water and sewer and the issues attendant thereto. 7 16. Subject 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. Specifically, the Developer shall be responsible for any additional right-of-way dedication to maintain a twenty-five foot (25') distance from the centerline of Roswell Street, Whitfield Street and Windy Hill Place. -- 7 The applicant has received verification from the Director of Public Works that sewer and water are available and adjacent to the proposed residential community. , ' SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP -- VIA HAND DELIVERY Mr. Christopher S. Miller, AICP, Director City of Smyrna Community and Development Department Page 6 May 18, 2006 b. Sidewalks shall be provided by the Developer both inside and outside the residential community and adjacent to any public rights-of-way consistent with the City's requirement for the extent of the development. c. A grass buffer with a minimum width of two feet (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. d. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance(s) for a minimum distance of twenty feet (20'). e. The streets constructed within the residential community shall be private and maintained by the mandatory homeowners associations but shall conform with the City's recommendations with respect to Design and Detail Specifications. w f. The Developer shall install decorative street lights as aforementioned 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 cut off lighting" . 17. The residential community shall maintain the following setbacks: a. Front - 20 feet (measured from existing rights-of-way). b. Building front to front - 50 feet. c. Building side to side - 10 feet. d. Building rear to rear - 30 feet (excluding decks). e. Building side to rear - 20 feet. w SAMS. LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP -- VIA HAND DELIVERY Mr. Christopher S. Miller, AICP, Director City of Smyrna Community and Development Department Page 7 May 18, 2006 Please do not hesitate to call should you or your staff require any further information or documentation prior to the application's next appearance before the Mayor and City Council at their agenda session on June 1, 2006 or their regularly scheduled meeting at which the application will be heard and considered on June 5, 2006. With regards, I am Very truly yours, -- '~---e- gsams@samslarkinhuff.com GLS,Jr.ljbmc Enclosures cc: Honorable Max Bacon, Mayor - w/enclosures - VIA Hand Delivery Members, City of Smyrna City Council- w/enclosures - VIA Hand Delivery Mr. Ken L. Hildebrandt, P.E., City Engineer - w/enclosures - VIA Hand Delivery Mr. Scott Stokes, Public Works Director - w/enclosures - VIA Hand Delivery Mr. Wayne Wright, City Administrator - w/enclosures - VIA Hand Delivery Scott Cochran, Esquire, City Attorney - w/enclosures - VIA Hand Delivery Ms. Preeya R. Philipp, Planner I - w/enclosures - VIA Hand Delivery Mr. Ron Davis - w/enc10sures Lemuel Ward, Esq. - w/enclosures Mr. Bill Bartlett, Coro Realty Advisors, LLC - w/enc10sures Mr. Earl Johnson, Johnson/Willis Homes, LLC - w/enclosures Mr. Ronald R. Sprinkle, P.E. - w/out enclosures -- -- -., -- l ~ ~! 03 ~~! o:~ ~~ "2 a.> j ~- . -" C\$g >" u :l o ~ @>>h~ _Ie ~ '/ q}!1j ~ ~ 5 "~ "" <:: i:' -;; ~ ~ U /( \ \ \ \ \ \ \ \ \ \ \ \ I / / ifn~ 2~~~f ! ~~5 ~~ ~~, ~~ffi "i!:<I; ~~~ / '" / I I I I I ! I I "C !:E!;;i ~~ ~ ~ ~ ~ ~!.~~l'.'" OJ ; d~~~~~ll~ ~~E~~j~~ ~~~~:Ui !~~~e:~~ ~i~..~ J ~~1~ i "'I!..e)>.~ ;;Jii! o~ o~ 0 0 ~~~~~ H ' II Ill! ~~ ~~:!; !h · ~~m !~J ~..~~~1~ ~ li~ ~i~~~~~~~ L~,Mti !..~;;~~~~~ ;E~:..",~l~~~~~~8~ ......' 'iisgii" / / ----- \ \ \ \ \ \ , , , ......-- f-< o j f-< o ..J ..J <~ U. ~~ f-<~ ~ / / --, \ \ \ , "''- /' \ , , , , ./ \ /' \// I / 1.33Hl.S SM3H.L VY\l ~I~ ~ 0- - f- ~~ 00 f-::: ~~ 00 f-::: @j~ '" N ~2 . . ~,n I; =H 'I~i" I~~! ~" ~ ~;. J <to o :z Om ,..Jf- ~~ { ~ l ~ .-of 10:: ~ ,wi, M ~~ 0:: (]) ] ~::::= ~ '"' cd i >: 3 > j ~ ~~ 6~ ~z ~~ ~~ ~~O ~!.~I~ ~ " ~ <( W t- in ~ - /( \ \ \ \ \ \ u :l g ';; '" <: ~ OJ o 8 c . ~c h~ ,_ 1 ',' "<', ::' ~: ,c j.:" ; ~" 0 ~ "15 I B ~ . ~ ,< ~ W~lli~ ~~~~ o~~! ~~.~ ~~~~ ~~~~ ~~U ~ ~~a~ ~~~~ ~ ~~~~ I i II": ~~~~ ~ i~~~ ffi ~~~~o tJ iii~~ ; B~ ~iI! ~ ~ ~ ~~ 5 ~~~~ GO g ~~~ffi ~ ~ g ~~ z ~!~~ ~ ffi5g~ ,~z" "~~~~ : m~~~z .- i~~~~ " uJl~~~ffi~~ ~ f-o uf3<(i~Q; ~ ~~~~~a~ ~ ~ ~ ~ ~. z~ e' ~~~ ~ , ~ ~ ~ ~~~ ,.; :l; e.~ :;::::I;~ ii9ii' -;:-;i: ~ .< eS :<.. ~~ ~~ "0 ~~ ze Ul" ::E~ ~~ 5~ O't ~~ >-~ t::- VJ~ zO Ul. Q~ ~ 5 i!!) ~ ~ " Uj '" @ 0- ::E o u " ~~-~ IJ.l. ....~~ ~~~~ z~i~ ~!2ffi~! u~.w- ~~~~5 o o " ti:i 51 5 ~ ~i~ 5~~ ::l~~~ < cElil Uttl~~ 1:~~~ cn~~~ ~~~~ ~ ,:;~~ a1 ;:i;c ~ g~~ ~ ~~~ ~~ffi~ '" ~~~ ffi 2\ii<! ~~Fj~ ffiffi ,,~ e~ ~f ~~ ~~ i t . I " ~ ~' . ~ ~ ~ ~ ~ ~ ~ ~ g > it ;;''C.: g~ ;L ~2 ~f ;; g ~ ~~ ;:>.. \tic ~t ~ ~ ~&- e;~ 6j~ z {, . ]'1 "l.l " ~'U ="l ~ilt E,;.t I!' 5] ~ ~ = f!' ~ . ~. ~ 1.1 ~ ~~ ~ ~~ ~ g 0 e: ~ ~ ~ ~~ ~ ~ W~ ~~ ~ ~~ ~ ~ f: ~ ~ !il ~~ t ~ c ~" H~ ~ E !l ~i:i ~::;!!f~ .. :I: ~ ~~ ~~~~ ~ ~ ~ ~~ ~~2e -~ ~ g ~~ ~~~'~0 ~ ~ g~x~S~~~s ~ :: ~;:;Q~~Eo6~ ~ ~ ~~~~~~~5~ ~ ~ ~~!~~~~~~ ~ ~~~~~~~i~E~ ~ ~~~~:::t?8~i:~~~ ~~::l~~S;l~~8s~~~ ~~~~~~-:~~~8~~ ~!i~g,~~~E~t;;g~j ~2~e~~ei~~;~~ ~~,~~~t:,~>~~ ~g~i:~:~~.'~~~ ~~~E~~~~~~~~t "..<.~.t~?"~ ~ilm~!!m~~~ I ~ 8~5~ ,..;~~~~~~~ __ / 133)f.LS Sh\3HL VVol ~ ~ ~ ~ o " z ;: z ~ -- / ---- ----- <~ ,.:;... ~~ ",'- ~~ / / ( ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 389 Acres 1.06 2006-11 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on June 5, 2006 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and - NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A." BE IT ALSO ORDAINED that the Official Map ofthe City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council ofthe City of Smyrna, this June, 2006 A. Max Bacon, Mayor r;J~ j).JIl~ ~ Susan D. Hiott, City Clerk City of Smyrna - cott A. Cochran, City Attorney City of Smyrna Ordinance #2006-11 Exhibit "A" - The point of beginning for tract 1 being the intersection of the northern right-of-way (ROW) for Cooper Lake Road and western North Cooper Lake Road, along the ROW for Cooper Lake Road commencing S 7 6d44' 11 "w a distance of 1 07.4 3 feet to a point, thence commencing along a curve to the right a bearing of S64d44'25"W along a chord length of 93.50 feet (said curve having an arch length of93.60 feet and a radius of 607.96 feet) to a point, said point being the true point of beginning, thence commencing along the ROW of Cooper Lake Road along a curve to the right along a bearing of S64d44'25"W along a chord length of 70.64 feet (said curve having an arch length of 70.68 feet and a radius of 607.96 feet) to a point; thence leaving the ROW of Cooper Lake Road along a bearing ofNI9d33'35"W a distance of 185.98 feet to a point, thence commencing N03dl7'42"W a distance of206.33 feet to a point, said point being on the southerly ROW of North Cooper Lake Road; thence commencing along said ROW along a curve to the left along a bearing ofN85d16' 48"E along a chord length of 38.58 feet (said curve having an arc length of 38.63 feet and a radius of 218.38 feet) to a point; thence commencing S89d39' 10"E a distance of 90.56 feet to a point; thence commencing S86d57'09"E a distance of 1 0.80 feet to a point; thence leaving the southerly ROW of North Cooper Lake Road along a bearing of SOOdOO'35"W a distance of 349.1 0 feet to a point; said point being the true point of beginning. Said tract being more or less described as having 1.06 acres and being in Land Lot 404 and 405 of the 1 ih District of Smyrna, Georgia. - - RESOLUTION No. R2006-2 - EMERGENCY 911 TELEPHONE SERVICE WHEREAS, the City of Smyrna is operating an enhanced 911 system which facilitates the dispatching of emergency services to the residents of Smyrna; and WHEREAS, the City of Smyrna has imposed and collected a monthly 911 charge of $1.50 from telephone subscribers within the area served by such system; and WHEREAS, the City of Smyrna has established a separate restricted revenue fund into which the 911 charges are deposited; and WHEREAS, these funds alone are not sufficient to pay for the operation of the enhanced 911 system; and WHEREAS, the City of Smyrna must annually reaffirm the need for the $1.50 911 charge on telephone subscribers; - NOW, THEREFORE, BE IT RESOLVED that the City of Smyrna City Council, by resolution, reaffirm the necessity for the $1.50 911 charge on telephone subscribers served by the enhanced 911 system for the fiscal year. Passed this 5th day of June, 2006. ATTEST: ~A:)~ Susan D. Hiott, City Clerk - Resolution No. R2006-1 - CORPORATE RESOLUTION AND CERTIFICATE OF INCUMBENCY (Commercial Credit Card Account) I, Susan D. Hiott, hereby certify that I am the City Clerk and custodian of the records ofthe Q!y of Smyrna, a corporation duly organized and existing under the laws of Georgia; that the following is a true and correct copy of certain resolutions duly adopted by the Board of Directors of said corporation at a meeting held on the 5~day of June, 2006, at which a quorum was present; and that the following resolutions are in conformity with the charter and by-laws of said corporation and have not since been rescinded or modified. RESOLVED, that this corporation enter into a commercial credit card account relationship with SunTrust BankCard, N.A. ("Bank"); that anyone ofthe officers of this corporation listed below be and is hereby authorized to enter into, execute and deliver in the name of and on behalf of the corporation the agreements, documents or other instruments deemed reasonable or necessary to establish the commercial credit card account relationship with Bank; and that this corporation shall be bound by the terms and conditions of said agreements, documents or other instruments. RESOLVED FURTHER, that the corporation shall furnish to Bank a certified copy of these resolutions, which resolutions shall continue in full force and effect until written notice of the recision or modification of the same has been received by Bank, and to furnish said Bank the names and specimen signatures of the officer(s) named herein, and such persons from time to time holding the above positions. - L hereby certify that the following are the names and specimen signatures of the officer(s) listed in the foregoing resolutions and that each presently holds the title indicated therein: Name Title uJ~ ~e~. ~.~- A. Max Bacon Mayor Wade S. Lnenicka Mavor Pro Tern Charles "Pete" Wood Finance & Administration Committee Chairperson Wayne P. Wright City Administrator Susan D. Hiott City Clerk IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said corporation this 5~day of June, 2006. (Corporate Seal) City of Smyrna ~al name oi)~~;i~ BY~ O':~~ (print name) Susan D. Hiott Title: City Clerk - SunTrust VISA Corporate Card Maintenance Form - NAME OF COMPANY: City of Smyrna TYPE OF REQUEST: _ New Account Delete Account _ Change Existing Account # 426627450001 7258 ACCOUNT INFORMA nON CHANGED: Name Address Account Code _ Monthly Credit Limit _ Single Transaction Limit L Other Annual extension CARDHOLDER INFORMATION: Please complete only the appropriate spaces below to indicated change(s) needed. Susan D. Hiott First Name Middle Initial Last Name - Social Security Number Account Code Unit No. 7703195303 Home Phone Number Business Phone Number Monthly Reconciliation Statement Address P.O. Box 1226 Smyrna, GA 30081 City State Zip LIMITS y Credit Limit Single Transaction Limit 6 -5-06 Date . III loyee's Signature J. ~q Company Program M;eager's Signature (p -- &- [)~ Date - L--.-_.__