Loading...
07-05-2006 July 5, 2006 July 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 except Council Members McNabb and Smith. Also present were Assistant City Administrator Eric Taylor, City Clerk Susan Hiott, City Attorney Scott Cochran, Community Development Director Chris Miller and representatives ofthe press. Invocation was given by Pastor Joey Hatchell from Faith United Methodist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda items 4C, 4D, 4F and 4 G (Public Hearing - Rezoning Request Z06-028 - R-15 to RAD Conditional- .534 acre tract - Wright Street - Alliance Resource Management; Public Hearing - Approval of updated zoning map; Public Hearing - Amendment to Chapter 106, Article II of the Zoning Code (trees and vegetation); Public Hearing- Amendment to Section 801 of the Zoning Code (RAD Conditional development standards) will be tabled until subsequent meetings. MAYOR'S REPORT: Mayor Bacon recognized Mr. Patrick Stafford, and Mr. Stafford provided details to those present regarding his candidacy for the Cobb County School Board. LAND ISSUES/ZONING/ANNEXATION: - (A) Public Hearing - Approval of Extension of the Apartment Moratorium in the City of Smyrna Mr. Taylor stated the City has a moratorium prohibiting the approval of new apartment developments. Mr. Taylor stated this moratorium is based upon the findings of the Smyrna Apartment Density Study prepared in 1994. Mr. Taylor stated the moratorium is due to expire, and the Council must reauthorize it for an additional six months. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Newcomb made a motion to approve extension of the apartment moratorium in the City of Smyrna for a period of six months until the first council meeting of 2007. The motion was seconded by Council Member Pritchett. Motion was approved 5 - O. (B) Public Hearing - Approval of Extension of the 60-day moratorium on the issuance of building permits for new construction and rehabilitation for any single building in excess of 100,000 square feet within the Smyrna Downtown Design Districts 1 and 2 in the City of Smyrna - Mr. Taylor stated that on May 8, 2006 the City enacted a 60-day moratorium on the issuance of building permits for new construction and rehabilitation for any single building in excess of 100,000 square feet within the Smyrna Downtown Design Districts 1 and 2 in the City of Smyrna. Mr. Taylor stated the initial moratorium is set to expire, and must be renewed in order to remain in effect. Mr. Taylor stated staff recommends approval of a sixty-day extension of this July 5, 2006 2 moratorium. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - MOTION: Council Member Newcomb made a motion to approve extension of the moratorium on the issuance of building permits for new construction and rehabilitation for any single building in excess of 100,000 square feet within the Smyrna Downtown Design Districts 1 and 2 in the City of Smyrna for an additional 60 day period. The motion was seconded by Council Member Pritchett. Motion was approved 5 - O. (C) Public Hearing - Rezoning Request Z06-028 - R-I5 to RAD Conditional- .534 acre tract - Wright Street - Alliance Resource Management Mr. Taylor stated Alliance Resource Management is requesting approval of rezoning for a .534 acre tract on Wright Street from R-I5 to RAD Conditional for construction of three single-family residential structures at a density of 5.62 units per acre. Mr. Taylor stated the Planning and Zoning Board (PZB) has recommended approval of the rezoning for two units, and that staff recommends approval of the rezoning for two units subject to a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to table Rezoning Request Z06-028 from R-I5 to RAD Conditional for a .534 acre tract on Wright Street for Alliance Resource Management until the July 17,2006 council meeting. The motion was seconded by Council Member Wood. Motion to table the measure was approved 5 - O. (D) Public Hearing - Approval of updated zoning map .... Mayor Bacon asked if there is anyone present in relation to this matter, and there was no response. MOTION: Council Member Newcomb made a motion to table approval of an updated zoning map until the July 17,2006 council meeting. The motion was seconded by Council Member Pritchett. Motion to table the measure was approved 5 - O. (E) Public Hearing - Amendment to Section 703 ofthe Zoning Code (day nurseries) Mr. Taylor stated the City currently allows several types of community uses in the R-I5 Zoning District including parks and places of worship. Mr. Taylor stated schools are also a permitted use. Mr. Taylor stated that in the past, the City has received requests to open day nurseries on properties zoned R-I5. Mr. Taylor stated that because day nurseries are not a permitted use in the R-I5 district, these requests have been denied. Mr. Taylor stated that to address this issue, staff has prepared a code amendment to Section 703 to allow day nurseries in the R-I5 zoning district. Mr. Taylor stated staff recommends approval of this zoning code amendment. Council Member Newcomb recognized Mr. Miller, and Mr. Miller provided details to those present concerning the development of this proposed revision. Mr. Miller recapitulated the proposed conditions for day nursery uses in R-I5 zoned areas for those present. Council Member Newcomb discussed some additional changes he believes may be needed in the proposed code revIsion. .... July 5, 2006 3 Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - MOTION: Council Member Newcomb made a motion to approve Amendment to Section 703 of the Zoning Code relating to day nurseries. Council Member Newcomb stated Sec. 703.2 pertaining to day nurseries and kindergartens will be amended to include requirements (1) through (8), with (5) to read as follows: The outdoor play area shall occur only in the rear and shall be enclosed by a fence not less than four feet in height. A 10' wide landscape buffer as defined by Section 503 shall be provided along any portion of the property which adjoins residentially-zoned property. The motion was seconded by Council Member Pritchett. Motion was approved 5 - O. (F) Public Hearing - Amendment to Chapter 106, Article II of the Zoning Code (trees and vegetation) Mayor Bacon asked ifthere is anyone present in relation to this matter, and there was no response. MOTION: Council Member Newcomb made a motion to table Amendment to Chapter 106, Article II of the Zoning Code regarding trees and vegetation until the August 7, 2006 council meeting. The motion was seconded by Council Member Pritchett. Motion to table the measure was approved 5 - o. (G) Public Hearing - Amendment to Section 801 of the Zoning Code (RAD Conditional development standards) - Mayor Bacon asked if there is anyone present in relation to this matter, and there was no response. MOTION: Council Member Newcomb made a motion to table Amendment to Section 801 of the Zoning Code relating RAD Conditional development standards until the August 7, 2006 council meeting. The motion was seconded by Council Member Pritchett. Motion to table the measure was approved 5 - o. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: There were none. ... July 5. 2006 4 CONSENT AGENDA: (A) Approval of June 19,2006 minutes - (B) Approval of Dates for 2006 New Year's Eve event and the 2007 City of Smyrna events organized by the Community Relations Department (C) Approval of use of council chambers for a meeting of the Village on the Green HOA on Thursday, August 10 from 7:00 p.m. until 9:00 p.m. (D) Request for bids for three 20 Yard Rear Load Recycling Vehicles Public Works requested bids for Residential Recycling Services. Four vendors were solicited with three responding. Public Works also established a proposal in order to provide this service in-house. The following bids were solicited including the Public Works proposal: ALLIED WASTE (BFI) COMMUNITY WASTE SERVICES DREAMSAN, INC. CITY OF SMYRNA IN-HOUSE $2.46/Household $2.85/Household $3.36/Household $2.50/Household Public Works Staff and the Recycling Review Committee recommend this request for bids for three 20 Yard Rear Load Recycling Vehicles in order to provide residential curbside recycling services beginning January 2, 2007. (E) Authorize the city to enter into a lease with CMAR Credit Union concerning property located at 2688 Atlanta Street Smyrna, Ga 30080 for a term commencing on August 1, 2006 and ending July 31,2009 unless earlier terminated, and authorize the mayor to execute the lease agreement. - MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett stated she hopes everyone enjoyed their July 4th holiday and expressed appreciation to the members of the U.S. Armed Services for their efforts to preserve our nation's liberties. Council Member Newcomb yielded the floor with no report. Council Member Scoggins yielded the floor with no report. Council Member Lnenicka commented on the importance ofIndependence Day to all of us. Council Member Lnenicka stated he has been advised by the Cobb County Board of Elections that the July and August elections will be held at Campbell Middle School for Ward 6. Council Member Lnenicka stated the part of the premises of Campbell Middle School where the voting will be conducted may change because of renovations currently in progress. Council Member Lnenicka stated the voting may take place at the Campbell Middle School gymnasium and provided details to those present concerning the manner in which traffic could be routed. -- July 5, 2006 5 Council Member Wood pointed out that freedom is not free, and expressed appreciation to the past and present members of the U.S. Armed Forces. - CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry commented on compensation for City police officers and other public safety staff members. Mr. Backry expressed the view that the opinions of the City's police officers should be solicited in order to gather facts with which to solve problems he believes exist. Mayor Bacon recognized Ms. Gill Bass, residing at 204 Alexandria Way, and Ms. Bass expressed concerns about removal of trees which she stated has occurred in connection with the Laurel Creek project. Ms. Bass stated she has complained to City authorities about the hours during which work is conducted at this location. Ms. Bass expressed concerns about dust being generated at this worksite. Ms. Bass asked that regulations be enforced. Ms. Bass suggested that builders be required to stipulate to ensuring that there are no illegal aliens working at construction sites in the City. Mayor Bacon recognized Mr. Joe Adams, residing at 1180 Fleming Street, and Mr. Adams expressed concerns about high grass and weeds and litter on a construction site on Fleming Street. Mr. Adams commented on what he believes are migrant persons working in this area. Mr. Adams stated he would like to see information regarding the sources of funds earmarked for use at railroad crossings in the City. - Mayor Bacon recognized Mr. Michael Lisitza, residing at 142 Wetherbrooke Lane, and Mr. Lisitza stated he and the members of his community's HOA are seeking a waiver on sewer charges for water used for irrigation of commonly maintained areas in the subdivision. Mayor Bacon recognized Mr. Robert Young, residing at 4124 Manson A venue, and Mr. Young expressed concerns about high grass and weeds on a construction site on Fleming Street. Mr. Young expressed concerns about what he considers to be use of Fleming Street as a short-cut or through street for vehicular traffic. Mr. Young stated the back gate of a nearby school is not being closed after business hours, and that he believes regular closure of this gate would alleviate traffic problems in the subject area. Mr. Young stated that many motorists drive on Fleming Street at excessive speed. Mayor Bacon expressed appreciation to the citizens who asked to speak at this meeting. Mayor Bacon stated he wants to see all citizens' issues resolved, and that all the questions raised at this meeting will be investigated. ADJOURNMENT: With no further business, the meeting was adjourned at 8: I 7 p.m. - July 5, 2006 6 ~~[) ~ / SUSA D. HIOTT, CITY C~ RK ~.;~ RON NEWCOMB, WARD 2 ~ MI AEL McNABB, WARD 4 ~~~ CHARLES PETE WOOD, WARD 7 - - - ORDINANCE No. 2006-16 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, ARTICLE VII, SECTION 703, R-15, SINGLE-FAMILY RESIDENTIAL DISTRICT CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION THROUGH THE ADDITION OF LANGUAGE TO ALLOW DAY NURSERIES IN THE R-15 ZONING DISTRICT BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning, Article VII, Section 703, R-15, Single-family residential district, City of Smyrna, Georgia, be amended by the addition of the following language: (703.2) Day nurseries and kindergartens provided that: (1) Are located on a lot which such has access to a major or minor arterial. (2) The lot is a minimum of Yz acre in size and adjacent to a non-residentially zoned parcel. For the purposes of this section, adjacent shall also include parcels separated by a publicly dedicated right-of-way. (3) Enrollment shall be restricted to children between the ages of infancy and six. ... (4) There shall not be less than 35 square feet of indoor play area for each child at maximum enrollment, and not less than 100 square feet per child of outdoor play area at maximum enrollment. (5) The outdoor play area shall occur only in the rear and shall be enclosed by a fence not less than four feet in height. A 10' wide landscape buffer as defined by Section 503 shall be provided along any portion of the property which adjoins residentially-zoned property. (6) A semi-circular drive shall be provided for off-street loading and unloading of children. (7) The hours of operation shall be limited to between 7:00 am and 6:00 pm Monday through Friday. No children shall be permitted to play or congregate outside before 9:00 am. No weekend operations shall be permitted. (8) All applicable state and county regulations are conformed with. ... ORDINANCE No. 2006-16 - All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 5th day of July, 2006. A. Max Bacon, Mayor Attest: - r~h"! L--' I' // ,./ ( '," I ,-- I' , . ; , ,I (' / f '" ~// i /1/1...1 i " /. 'Y" ',1/ py-r----. ~', .._ ,;/U--'V-(.-f//L/ ',/ /~,--cr'L/' , I . ~ ( j Susan D. Hiott, City Clerk ~ City of Smyrna Approved as to form: " iI ~~'ott ~.~~tt:1HY At;;;~;;" - 2 - - -