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07-17-2006 July 17, 2006 July 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 except Council Member McNabb. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Assistant City Administrator Eric Taylor, Assistant Fire Chief Sam Wehunt, Public Works Director Scott Stokes, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Assistant Keep Smyrna Beautiful Director Virginia Davis, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett, Finance Director David Boyd and representatives of the press. Invocation was given by Pastor Stewart Greene from Smyrna First Methodist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item # 4 D (Public Hearing - Rezoning Request Z06-032 - R-15 to RAD Conditional - 4.3 acre tract - North Cooper Lake Road - Affinity Property Holdings, LLC) will be tabled until the August 21,2006 meeting. Mayor Bacon stated Council Member Wood will attend to the Ward 4 agenda item in Council Member McNabb's absence. MAYOR'S REPORT: - Mayor Bacon recognized Ms. HolIi Cash, and Ms. Cash provided details to those present concerning her candidacy for the Cobb County School Board. Mayor Bacon recognized Mr. Patrick Stafford, and Mr. Stafford provided details to those present concerning his candidacy for the Cobb County School Board. LAND ISSUES/ZONINGS/ANNEXA nONS: (A) Public Hearing - Approval of new Mixed Use District Mr. Wright stated the City's Community Development Department has drafted language for a new Mixed-Use District. Mr. Wright stated this code amendment is intended to provide standards for the mixed-use developments recommended in the Livable Centers Initiative Study and by the Urban Land Institute. Mr. Wright stated this District will be appropriate for property located in or adjacent to areas that are identified as mixed use or central business district on the City's Future Land Use Plan. Mr. Wright provided details to those present concerning key features of the Mixed Use District. Mr. Wright stated staff recommends approval of this ordinance. Council Member Newcomb recognized Mr. Miller, and Mr. Miller provided details to those present concerning the Mixed Use District. Mr. Miller stated the proposed additions will provide certain standards for mixed use developments. Mr. Miller stated these new regulations are intended for use in the City's central business district area. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - July 17,2006 2 MOTION: Council Member Newcomb made a motion to approve inclusion of the Mixed Use District regulations of Section 720 in the Zoning Code. The motion was seconded by Council Member Lnenicka. Council Member Lnenicka expressed appreciation to staff and citizens for their work on development of these and other regulations and ideas. Motion was approved 6 - O. - (B) Public Hearing - Rezoning Request Z06-028 - R-15 to RAD Conditional - .534 acre tract - Wright Street - Alliance Resource Management Mr. Wright stated the applicant is seeking approval to rezone a .534 acre property for construction of three single-family residences at a density of 5.62 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) and staff recommend approval of the rezoning for two 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 Scoggins recognized Mr. Doug Dillard, representing Alliance Resource Management (ARM), and Mr. Dillard commented favorably about progress which has been made in Smyrna. Mr. Dillard provided details to those present concerning the density of construction near or adjacent to the subject property. Mr. Dillard stated ARM proposes to make three lots from the subject tract ranging in size from 6,700 s.f. to 7,300 s.f. Mr. Dillard provided details to those present concerning the type of houses proposed by ARM for construction on the subject tract. Mr. Dillard stated the proposed houses will each comprise some 2,500 to 3,500 s.f of space with selling prices from around $500,000. Mr. Dillard expressed the view that construction of three houses on the subject tract would be consistent with other densities in the surrounding area. Mayor Bacon recognized Mr. Ron Davis, residing on Roswell Street, and Mr. Davis stated the moderate density residential land use category establishes a maximum density of 4.5 units per acre. Mr. Davis stated there appear to be no extenuating or mitigating circumstances associated with the proposal under consideration to warrant approval of a density of 5.62 units per acre. Mr. Davis requested that this rezoning request be approved for a total of two houses at a density of 3.75 units per acre. - Mayor Bacon recognized Mr. Lemuel Ward, residing on Spring Street, and Mr. Ward stated the members of his community have spoken out against use of RAD Conditional zoning to the detriment of property owners. Mr. Ward stated the Land Use Map change will not be concurrent with the rezoning in this instance. Mr. Ward stated he believes land use plans should be amended in conjunction with rezonings. Mayor Bacon recognized Ms. Casey Clavin, residing on Roswell Street, and Ms. Clavin expressed the view that this rezoning application should be denied. Mayor Bacon recognized Ms. Paula Kramer, residing on Walker Street, and Ms. Kramer stated that no changes should be made to the Land Use Plan. Ms. Kramer expressed the view that existing infrastructure would not support traffic generated by the proposed rezoning. Ms. Kramer stated that addition of one more house will create even more impervious surface. Mr. Dillard stated that staff initially supported the request for three structures, but changed their position after PZB voted to recommend two structures for the subject tract. Mr. Dillard stated the Land Use Plan is a guide, and that there is no requirement for zoning to be consistent with the Comprehensive Plan. Mr. Dillard stated he does not understand how construction of three houses - Julv 17,2006 3 - on the subject tract could be detrimental to the community and inconsistent with the existing land use patterns in the subject area. Mr. Dillard stated that the proposed construction could be an opportunity to reduce stormwater runoff in the subject area. Mr. Dillard stated ARM's request is reasonable, and that the opposition to this rezoning request has said nothing negative about this development except the proposed density. Mr. Dillard stated the plan as proposed will benefit the City's tax base. Council Member Lnenicka asked Mr. Dillard if ARM would be agreeable to addition of a stipulation for stormwater management, and Mr. Dillard answered in the affirmative. Council Member Lnenicka asked Mr. Dillard if ARM would be agreeable to addition of a stipulation for a minimum 20% reduction in the rate of stormwater runoff on the subject property subject to review and approval by the city engineer, and Mr. Dillard answered in the affirmative. Council Member Lnenicka asked Mr. Dillard why ARM will not agree to construction of two houses on the subject property. Mr. Dillard stated the market calls for housing with minimal yard area. Mr. Dillard reiterated the benefits of building the project as proposed. Council Member Lnenicka asked Mr. Dillard if ARM is agreeable to the special conditions and applicable standard conditions of the rezoning as recommended by staff, and Mr. Dillard answered in the affirmative. (Clerk's Note: A copy of the zoning stipulations as formulated by staff is appended hereto as Exhibit "A") Council Member Scoggins stated the City's officials must do what they believe is in the best interests of all the citizens. Council Member Scoggins expressed the view that the subject property is in a distressed state and in need of improvement. - MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z06-028 from R-15 to RAD Conditional for a .534 acre tract on Wright Street for Alliance Resource Management for construction of three single-family structures. The motion was seconded by Council Member Pritchett. Council Member Newcomb stated he believes the Future Land Use Plan should be adhered to, and for this reason he will not support this motion. Council Member Newcomb stated the public has a reasonable expectation of assurance that when the City approves a plan with specific provisions that plan will be complied with. Council Member Newcomb stated he sees no extenuating circumstances in this rezoning case. Council Member Lnenicka stated the council members take their decision-making responsibilities seriously. Council Member Lnenicka stated he does not think one additional house in this case will make a large difference, but he does support the Land Use Plan. Council Member Lnenicka stated each individual situation should be considered carefully. Council Member Lnenicka stated the addition of stormwater management measures on the subject property is an important consideration in this case. Council Member Lnenicka stated the views of the opposition in this case based on the Land Use Plan are important but no other argument was presented. Council Member Lnenicka stated a review ofthe nine criteria used for zoning cases applied to this particular case reveals no serious negative effect that would cause him to vote against the proposal. Council Member Smith stated he will not support this motion because he would like the City to move away from what appears to be a trend towards building houses on lots of about 6,000 to 7,000 s.f. in size. Council Member Pritchett stated the city council approved the Land Use Plan. Council Member Pritchett stated each rezoning case should be judged on its own merit. Council Member Pritchett stated she believes this proposal will enhance the community. Motion was approved 4 - 2, with Council Members Newcomb and Smith in opposition. - July 17,2006 4 (C) Public Hearing - Approval of updated zoning map Mr. Wright stated the Community Development Department has updated the GIS-based Zoning Map which reflects the existing zoning designations that are on the current map and any rezoning approved by the City through March 1,2006. Mr. Wright stated there are plans to update the Zoning Map on an annual basis. Mr. Wright stated staff recommends approval of the Zoning Map. - At Council Member Newcomb's request, Mr. Miller provided details to those present concerning the Zoning Map. Mr. Miller stated the changes also include annexations and corrections. 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 adoption of the updated Zoning Map. The motion was seconded by Council Member Pritchett. Motion was approved 6-0. (D) Public Hearing - Rezoning Request Z06-032 - R-15 to RAD Conditional - 4.3 acre tract - North Cooper Lake Road - Affinity Property Holdings, LLC Mayor Bacon asked ifthere is anyone present in connection with this matter and there was no response. MOTION: Council Member Wood made a motion to table Rezoning Request Z06-032 from R-15 to RAD Conditional for a 4.3 acre tract on North Cooper Lake Road for Affinity Property Holdings, LLC until the August 21, 2006 council meeting. The motion was seconded by Council Member Smith. Motion to table the measure was approved 6 - O. - (E) Public Hearing - Rezoning Request Z06-033 (zoning amendment) - GC to RAD Conditional- 2.14 acre tract - South Sherwood Road - Weaver and Woodbery Mr. Wright stated the applicant is seeking approval to rezone this property from GC to RAD Conditional in order to build 8 single-family residences. Mr. Wright stated a site plan amendment will be needed to include the additional property in the development. Mr. Wright stated the resulting density when combined with the overall tract would be 3.75 units per acre. Mr. Wright stated this change would result in a lower density and eliminate 14 attached housing units from the plan. Mr. Wright stated staff and PZB recommend approval of this zoning amendment 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. Garvis Sams, an attorney representing Weaver and Woodbery (WW), and Mr. Sams provided details to those present concerning the requested zoning amendment. Mr. Sams stated the rezoning requested is a for a lower intensity residential use. Mr. Sams stated a letter dated June 8, 2006 was sent to Mr. Miller from Sams, Larkin and Huff, LLP which contains all the stipulations and conditions that WW is agreeable to. (Clerk's Note: A copy of this letter and stipulations as prescribed by staff is appended hereto as Exhibit "B") Mr. Sams stated the requested changes will result in a density which will be lowered from 4.75 units per acre to 3.748 units per acre. Mr. Sams stated the houses for this development will each comprise some 3,400 s.f. with selling prices ranging from around $420,000 to $600,000 per - July 17,2006 5 - unit. Mr. Sams provided details to those present concerning the architectural style as well as exterior finish materials of the planned houses. Mr. Sams stated a third-party management company will manage the operations of the mandatory homeowners association (HOA). Mr. Sams stated WW will agree to installation of stormwater management measures to try to achieve a 20% reduction in the rate of stormwater runoff on the subject tract. Mr. Sams stated WW is agreeable to the special conditions and applicable standard conditions for this rezoning and zoning amendment as prescribed by staff except for the requirement for a strip of stamped pavers near the entrance. - Mayor Bacon recognized Mr. Jason Lewis, residing at 4020 Pineridge Road, and Mr. Lewis stated he was alarmed when he went to obtain a construction permit and was advised that the present board has issued a private sewer agreement for consideration of giving a higher density and making certain concessions to be able to get engineering to work out that the sewer system is not to be as previously discussed available coming up Sherwood Road but would instead be available at the dogleg in Sherwood Road. Mr. Lewis asked if the city council has privatized the sewer system in the subject area and if this portion ofWW's development will be part of the HOA-type scenario or if the typical standard development situations will be seen in which the developer is responsible for improving the community at large. Mr. Lewis stated he has been approached by property owners in the subject area asking if he is interested in acquiring their property and putting it in his project. Mr. Lewis stated now he will be surrounded on three sides by three-storey narrow homes on a higher elevation looking down on his development. Mr. Lewis stated he believes there will be a disparity in the type of projects located side-by-side. Mr. Lewis stated he would like clarification of stipulations the board has already looked at. Mayor Bacon stated he is unfamiliar with the matters Mr. Lewis is referring to. Mr. Lewis stated he met with Mr. Hildebrandt and was advised that the proper situation would be to ask for clarification under the RAD Conditional zoning that has been applied to this board. Mr. Lewis stated he has reviewed those documents at the planning department and they do not seem to match the applications as the previous meetings he has attended. Mr. Lewis stated he is confused and asked that this rezoning and zoning amendment either be tabled until that can be determined or that approval be conditional on the availability of sewer and that the sewer has not been privatized as may have been intimated by the PZB. Mayor Bacon asked Mr. Lewis if it is correct that WW plans to build three-storey buildings, and Mr. Lewis stated the net effect ofthe high rooflines and first and second floors is that these will have the appearance of three stories of construction over what would typically be based on the profile that we had been asked by Council Member McNabb to go along with which we did approve. Mayor Bacon stated the information provided by WW indicates two-storey structures. Mr. Lewis stated the roof pitch being an 812 or greater was less that what we had been requested. Mr. Lewis stated he wants to make sure he conforms and give the City what he is looking for. Mayor Bacon stated he is unfamiliar with the matters Mr. Lewis is referring to or any agreements which have purportedly been made with the City. Mr. Lewis asked if this matter can be tabled, and Mayor Bacon stated he will be happy to inquire into the matters Mr. Lewis has mentioned at this meeting. Mayor Bacon stated he is uncertain how the matter under present consideration pertains to Mr. Lewis' property. Mr. Lewis stated he would feel that it would have been a disingenuous request on the city council's part to ask him to have tabled his request at two separate occasions to make sure the planning would be contiguous and seamless with WW's request and then find out that it will be necessary for him to run some 900' to tie into the closest public sewer tap instead ofthe 75' that would have been otherwise allowed had it not been a private sewer. Mayor Bacon stated he is unfamiliar with the matters Mr. Lewis is referring to. Mayor Bacon stated he is unaware of any meetings where the City has agreed to put in a sewer line for a private development. Mayor Bacon stated the subject area was in clear need of redevelopment. Mayor Bacon stated incentives could be considered to induce someone to redevelop a problematic property. Mayor Bacon stated he will be happy to - July 17,2006 6 inquire into the matters Mr. Lewis has mentioned at this meeting. Mayor Bacon stated he is unfamiliar with the matters Mr. Lewis is referring to. Mr. Lewis stated this is a relatively alarming development for the planning department to come in with what is completely contradictory to what the whole intent of RAD Conditional is. Mr. Lewis stated his point is that we as a body of citizens are all represented correctly when we say that this indeed was a blighted area that was in need of rehabilitation. Mr. Lewis stated that what was necessary across the street to get rid ofthe trailer park was most certainly a higher density to recoup the investment. Mr. Lewis stated that on his side of the street if it was not necessary for him and not necessary for his neighbor to continue the same density. Mayor Bacon asked Mr. Lewis if he is for or against this rezoning and zoning amendment request. Mr. Lewis stated he is in favor of the rezoning to approve a rezoning of the property and he is against seeing any approval without actually having the full stipulations which have been made privileged to the board. Mr. Lewis stated he would like to hear those read into the record so that he is familiar with those guidelines referred to. Mr. Lewis stated they do not match what is available at the planning department. Mayor Bacon stated he is unfamiliar with the matters Mr. Lewis is referring to. Mr. Lewis stated he wanted to make sure in an abundance of prudence that all details have been covered. - Council Member Wood recognized Mr. Miller and Mr. Hildebrandt. Mr. Miller stated WW is building private streets in this subdivision. Mr. Miller stated sewers are also private where there are private streets. Mr. Miller stated he does not recall a stipulation for private sewers, but the site plan indicates the sewers will be private. Mr. Hildebrandt stated the sewer will be connected near South Sherwood Road. Mr. Hildebrandt stated he believes Mr. Lewis may have difficulty getting sewer service because the sewer in the WW development will be privately maintained. Mr. Cochran asked if it is correct that such a matter can be worked out between private interests, and Mr. Hildebrandt answered in the affirmative. Mr. Sams stated WW has agreed to build the streets in the development to City standards but they will be private streets which will be maintained by the HOA. Council Member Lnenicka asked how the five homes fronting South Sherwood Road on the south side will access sewer service. Mr. Woodbery stated there is already a sewer line on the referenced street. Mr. Sams stated such matters as streets and sewers are functions of plan review. Mr. Sams stated there are no details to work out, and that the zoning application as submitted is in good order. Mr. Lewis stated the issue is simply not that this is not something that is abnormal, it is the fact that not only himself as a property owner but the property owners upstream will not be able to tie into the City services. Mr. Lewis stated the reason for this is the multiple property owners that have asked him to come in and assist them in developing their properties, like Ms. Fields, who was told to call him by Mr. Woodbery when she attempted to sell the property to Mr. Woodbery, she was referred to him (Mr. Lewis) to purchase the property. Mr. Lewis stated Ms. Fields will not get sewer and Mr. Daniels will not get sewer. Mr. Lewis stated the only way any of our other citizens will get sewer to tie into this area would be to either join their HOA in another subdivision that is not a party to them or run 900' to the clearest downhill stream. Mr. Lewis stated this was brought up by the planning department some time ago and said at the time it is being addressed with Mr. Woodbery rather than us being back and forth as developers allow the City to address that. Mr. Lewis stated that was long before it would have been before your council. Mr. Lewis stated he apologizes for bringing it up at this way, but it is deeply concerning that we are going to turn around and see a situation where these are not townhouses. Mr. Lewis stated we just said they are single-family detached and we are treating them as townhouses. Mr. Lewis stated it is almost as though we are asking for an RAD Conditional to say this is exactly what we are going to do but it is sort of what we are going to do but it is not really what we are going to do. Mayor Bacon asked Mr. Lewis if it is correct that he will not be able to obtain sewer connections for the property he has assembled. Mr. Lewis stated he can apply sewer as long as he is willing to run down the street and dig down the public right- of-way (ROW) and tie in to the next closest public sewer system. Council Member Pritchett - - July 17,2006 7 - stated any developer who builds anything in any city anywhere is responsible for the cost of installing sewer to tie into another sewer. Council Member Pritchett stated she does not understand why this matter is being brought up when it has no connection with the zoning matter before the city council. Mr. Lewis advised Ms. Pritchett it shows where she does not understand. Mr. Lewis stated the other developer is supposed to carry the sewer to the end oftheir development. Council Member Pritchett indicated this discussion has continued long enough. Mr. Lewis stated when a developer is responsible for improving the city utilities they are supposed to bring it to the edge oftheir project. Mr. Lewis stated this has been something that since he moved here in 1996 he has been the benefactor in as well as the person responsible for bearing the expense. Mr. Lewis stated this is a simple situation that as a board the council is now allowing developers to not play by the same rulebook of carrying the development to the end of their property so that other neighbors can tie in. Mr. Lewis stated he is being asked to traverse four other property owners to get to sewer when they are already going to carry the expense to do that. Mr. Lewis stated there will now be two parallel lines, one privately held, and one publicly held. Mayor Bacon stated this is a matter which needs to be addressed between Mr. Lewis, WW and staff. Mayor Bacon stated WW is asking for a private road and an HOA, and that this is not a new way of doing business. Mayor Bacon stated that developments with private streets and sewers and homeowners associations are created frequently. Mayor Bacon thanked Mr. Lewis for his comments. Mr. Cochran stated that on two occasions he has had to condemn private sewers in order for the public to have access to them. Mr. Cochran stated the City has no right to use a private sewer and no right to mandate that the private owner authorize another party to use the private sewer. Mr. Cochran stated this matter ofthe sewer is not relevant to this zoning hearing. - Council Member Wood asked Mr. Sams ifWW is willing to agree to have Mr. Woodbery or his designee present during the plan review process for this project to discuss and consider plan review issues such as those relating to the private streets and sewer, and Mr. Sams answered in the affirmative. Mr. Sams stated WW will follow staff recommendations and that Mr. Woodbery will contact Mr. Lewis regarding this project. Council Member Lnenicka stated he believes that at some point in the future the residents of this WW project may approach City authorities and request assistance with maintaining their private streets and sewers. Council Member Lnenicka stated private roads make sense for gated communities, but he has heard no reasons presented at this meeting for making the streets in this development private other than the fact that the streets across South Sherwood Road are private. Mr. Sams stated there will be a mandatory HOA for both the townhouses and the detached component. Mr. Sams stated a third-party management company will provide another level of assurance that the HOA responsibilities are attended to. Mr. Sams stated WW has agreed to build the streets to City standards and, in the unlikely event the City must work on these streets, they will not be substandard. Council Member Lnenicka made reference to a community which faced a large repair expense which was not anticipated by their HOA with the result that the City ended up taking control of a private street and sewer. Council Member Lnenicka stated he believes it would be better for the residents of the WW community to have public streets and sewers. Council Member Pritchett pointed out that this WW project was initially planned as a gated community and the plans for enclosure were eliminated at Council Member McNabb's request, and that she is uncertain as to why this matter is being debated. Mr. Sams stated WW would like to have the option of gating this community in the future. ... MOTION: Council Member Wood made a motion to approve Rezoning Request Z06-033 (zoning amendment) from GC to RAD Conditional for a 2.14 acre tract on South Sherwood Road for Weaver and Woodbery with the understanding that Mr. Woodbery or his designee will be present during the plan review process for this project to discuss and consider plan July 17,2006 8 review issues such as those relating to the private streets and sewer. The motion was seconded by Council Member Pritchett. Council Member Smith expressed the view that in this instance an opportunity to improve City services will be missed, and that such improvements have been required for other developments in the City. Council Member Smith stated sewer should not be brought up to a private drive so that other people cannot use it in the future. Council Member Smith expressed the view that a private road could provide future trouble for the City. Mayor Bacon stated he is aware of only two occasions in which an HOA in Smyrna has come to the City for assistance with private infrastructure. Mayor Bacon stated he believes this request should be approved with stipulations and that staff and the applicant should be allowed to work through the details. - MOTION: Council Member Lnenicka made a motion to amend the first motion to change the development plan so that the private drive coming off South Sherwood Road on the northeast corner of the proposed development will be a public street. The motion to amend the first motion was seconded by Council Member Smith. Mayor Bacon stated this matter has been discussed at length, and that it is his understanding that the City's officials were in agreement that this type of plan change is to be avoided. Mr. Sams stated WW is willing to agree to the change as proposed. Mayor Bacon stated he is not certain it is fair to anyone concerned to propose such changes at a late stage of the rezoning process. Mayor Bacon stated this matter of public infrastructure as opposed to private infrastructure should have been brought up much sooner. Mayor Bacon expressed the view that it is irresponsible of the city council to propose such a change at this stage of the process. Council Member Newcomb stated he believes if a developer wants a private street built to City specifications, then the developer should be allowed to build it. Council Member Newcomb stated the subject street is a cul-de-sac and, if the developer wants a gate there, the developer should be allowed to build one. Council Member Newcomb suggested that the property owners can consider deeding the street over to the City at some point. Council Member Newcomb stated he will not support the motion to amend the main motion. Mayor Bacon stated he believes the motion to amend the main motion should not be approved. Mayor Bacon stated a citizen has come before the city council and made unsubstantiated allegations about the sewer. Motion to amend the main motion failed 2 - 4, with Council Members Wood, Pritchett, Newcomb and Scoggins in opposition. - The initial motion was approved 4 - 2, with Council Members Lnenicka and Smith in opposition. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Approval of abandonment ofthe right-of-way of Turner Drive Mr. Wright stated Turner Drive was shown to be eliminated in the approved zoning plan for the Riverline Hill subdivision. Mr. Wright started the right-of-way needs to be abandoned and deeded to the developer in order to record the plat. Mr. Wright stated approval to advertise the proposed abandonment was approved on June 19,2006. MOTION: Council Member Wood made a motion to approve abandonment of the right-of-way of Turner Drive. The motion was seconded by Council Member Pritchett. Motion was approved 6 -0. - Julv 17, 2006 9 (B) Approval of amendment to environmental ordinance - limit on number of dogs and cats at a residence - Mr. Wright stated Cobb County's animal control ordinance was recently adopted by the City. Mr. Wright stated the County ordinance does not include any provisions limiting the number of animals that can be housed at any particular location, and that the proposed ordinance revision would restore certain provisions to the environmental ordinance to allow the City to limit the number of dogs and cats kept at a residence. Mr. Wright recapitulated the lots sizes which would be required for particular numbers of dogs and cats. MOTION: Council Member Lnenicka made a motion to amend Chapter 46, Environment, City of Smyrna, Georgia, by addition of Sections 46-6 and 46-7 as presented. The motion was seconded by Council Member Wood. Motion was approved 5 - 1, with Council Member Newcomb in opposition. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of July 5, 2006 minutes (B) Approval of change order request for work at Brawner Hospital Building This work was not previously identified because the need was either not in sight or otherwise not fully known at the time the selective demolition contract was made. The work includes: . Slab removal in basement area . Removal of all wall and floor finish down to structural members in the 151 floor lobby . Removal of all wall finish back to studs in 2 bathrooms . Removal of an exterior ramp . Removal of an attic fire break Approval of the change order is recommended. - (C) Approval of BID AWARD BID # 7-002 for three recycling vehicles with 20 yard Leach rear loading bodies Public Works solicited five vendors for bids with two vendors responding as follows: Nalley Motor Trucks $302,538.00 Consolidated Disposal $301,683.00 Public Works Staff and Purchasing have reviewed the bids and recommend bid award to the lowest bidder, Consolidated Disposal for $301,683.00. MOTION: Council Member Scoggins made a motion to approve the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 5 - O. Mayor Pro Tem Lnenicka advised that Mayor Bacon is not feeling well and has departed from the meeting in progress. COMMITTEE REPORTS: - Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes had no report. July 17,2006 10 Council Member Pritchett recognized Ms. Davis, and Ms. Davis thanked the Adopt-a-Mile volunteers for their recent assistance. Council Member Pritchett recognized former Smyrna mayor Mr. Harold Smith, and Mr. Smith provided details to those present concerning the new web site for the Smyrna Museum and the Historical Society. Mr. Smith provided details to those present concerning volunteer opportunities at the Museum. Council Member Pritchett thanked the Adopt-a-Mile volunteers for their recent assistance on Spring Road. Council Member Pritchett wished Mr. Miller a happy birthday. Council Member Newcomb recognized Mr. Chris Miller, and Mr. Miller had no report. - Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details to those present regarding the change in location for the Ward 4 poll and other election details. Ms. Hiott provided details to those present concerning the new on-line payment system now available for court services. Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present concerning positions for which the City is presently recruiting. Mr. Corey stated former City employee Duke Roberts recently passed away, and expressed condolences to his family and friends. At Council Member Smith's request, Mr. Corey provided details to those present concerning the City's wellness program. Council Member Wood recognized Mr. Boyd, and Mr. Boyd had no report. Mayor Pro Tem Lnenicka recognized Mr. Ciaccio, and Mr. Ciaccio had no report. - Mayor Pro Tern Lnenicka recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning the City Birthday Celebration event on August 5. Mayor Pro Tern Lnenicka recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning current use statistics and upcoming programs and events at the City Library. Mayor Pro Tern Lnenicka recognized Assistant Fire Chief Sam Wehunt, and Assistant Fire Chief Wehunt provided details to those present regarding recruitment of personnel for the City fire department. Assistant Fire Chief Wehunt stated Steve Gaddy recently retired from the City fire department. Assistant Fire Chief Wehunt stated that Cel Davis has returned from military service in Iraq and has resumed his duties at the City fire department. Mayor Pro Tern Lnenicka provided details to those present concerning the Ward 6 polling location for the July primary. Mayor Pro Tern Lnenicka provided details to those present concerning a dance evening event at Woodland Ridge to be held tomorrow night. Mayor Pro Tern Lnenicka congratulated the newly installed officers of American Legion Post 160. Mayor Pro Tern Lnenicka congratulated the Smyrna Golden K on their 20th anniversary dinner. Mayor Pro Tern Lnenicka stated Senator Johnny Isakson was the keynote speaker at this event. Mayor Pro Tern Lnenicka commented favorably about Senator Isakson's representation of the citizens of Georgia. Mayor Pro Tem Lnenicka stated that the crew ofa World War II U.S. Navy vessel, the Us.s. Panmanset, recently met at the Veterans Memorial in connection with their annual reunion. Mayor Pro Tem Lnenicka thanked Mr. Ciaccio for assisting these veterans with this part of their reunion program. - JJclb.,-J7, 20Q~ 11 CITIZENS INPUT: Thel'e was none. - ADJOURNMENT: With no further business, the meeting was adjourned at 9:57 p.m. A. MAX BACON, MAYOR ) , n Y6~ N D. HIOTT CITY CLERK"" ) ~ ~...J~J..-- RON NEWCOMB, WARD 2 - l{k>>- ~4 - --- MICH EL McNABB, A 4 t/J ~~~ CHARLES PETE WOOD, WARD 7 - July 17.2006 12 Z06-028 Exhibit "A" Standard Conditions (Requirements #2, 3, 4, 5, 8, 9, 12, and 17 from Section 1201 of the Zoning Code are not applicable) - 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. 2. All utilities within the development shall be underground. 3. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. The grass buffer may be waived if it is deemed unnecessary by the City Engineer. 4. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. - 5. No debris may be buried on any lot or common area. 6. 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. 7. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 8. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 9. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or 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 10. The development shall maintain the following setbacks: Front - 25' measured from existing right-of-way Exterior Side - 7.5' - J.!!ly 17, 2006 13 Interior Side - 2' with 15' between buildings Rear - 20' - 11. The developer shall be responsible for any additional right-of-way dedication to maintain a 25' distance from the centerline of Wright Street. 12. Minimum house size shall be 2,400 square feet. 13. The developer agrees to install stormwater detention facilities on the subject property designed to achieve a minimum 20% reduction in the rate of stormwater runoff. Z06-033 Exhibit "B" 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 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. 4. All utilities within the development shall be underground. 5. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. 6. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 7. No debris may be buried on any lot or common area. - Julv 17,2006 14 8. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". - 9. The developer will comply with the City's current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the developer during construction. 1 O. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 11. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 12. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or two 2" caliper and two 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. Special Conditions 13. The development shall maintain the following setbacks: South Sherwood Drive - 10' North Property Line - 10' Rear - 10' Minimum of 10' between homes - 14. Driveway - 22' minimum length from building face to right-of-way. 15. The developer shall revise the intersection of South Sherwood Road and Sherwood Drive to provide a ''1'' intersection. 16. A third party HOA will be required for the subdivision. The HOA will be responsible for the maintenance and control of all common areas. 17. 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. 18. All trash and debris must be removed from within the southern property setback before any construction commences. During construction, property within the 30' southern property line setback will be kept free of all construction materials, soil and other debris. 19. No residence shall have more than two stories. - ORDINANCE No. 2006-17 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A-ZONING, ARTICLE VII, USE PROVISIONS, SECTION 720, CITY OF SMYRNA, GEORGIA, BE AMENDED BY ADDITION OF A NEW SECTION TO INCLUDE PROVISIONS FOR REGULATION OF MIXED USE DEVELOPMENT - BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A-Zoning, Article VII, Use Provisions, Section 720, Mixed Use District, City of Smyrna, Georgia, be amended to read as follows: Sec. 720. [MUl, Mixed Use District. The regulations for the MU mixed use district are as follows: (720.1) Purpose and intent. The MU district is established to provide locations for planned mixed use development of commercial, office and residential uses. This is intended to encourage compatible mixed uses within the boundaries of properties delineated within or on the edge of a central business district, mixed use or community activity center as defined and shown on the City of Smyrna Comprehensive Plan adopted February, 1997. - (720.2) Permitted uses. Permitted uses are as follows: (1) (2) (3) (4) (5) (6) (7) - Colleges; universities, commercial schools; schools providing adult training in any of the arts, sciences, trade and professions; and dormitories for students or staff for hospitals. Day care centers, nursing homes, rest homes and homes for the aged. Dwelling, detached, attached, multifamily, townhouse, and condominiums. Noncommercial public recreation parks and playgrounds. YMCA's, buildings for social fraternal, social service, union and civic organizations, and comparable organizations. Institutional uses such as churches, synagogues, Sunday school buildings, community recreation centers, libraries, museums, theaters, and art galleries, police and fire stations, public and private elementary and high schools. Retail sales; apparel, department, furniture stores and stores for home furnishings and office supplies; automobiles and boats if wholly within a building; garden supply stores; secondhand goods; food stores, drugstores, camera equipment, book stores, jewelry, and souvenir shops; florists, card and stationery stores. Professional business and general offices such as banks; clinics; medical, dental and doctors' offices; government and public utility office buildings; post offices; opticians' offices; and similar uses. ORDINANCE No. 2006-17 - (8) Hotels, motels, room renting, and tourist houses. (9) Services such as beauty shops, barbershops, laundries and dry cleaning establishments (pick-up and drop-off only). (10) Coffee shops with or without drive-thrus (11) Restaurants, including open air cafes but excluding those with a drive- thru. Drive-thru facilities and associated uses are prohibited. (12) Studios for artists; designers; photographers; musicians; sculptors; gymnasts; potters; wood and leather craftsmen; glass blowers; weavers; silversmiths; and designers of ornamental and precious jewelry. (13) Off-street parking as a principal use providing for public parking, private parking, or parking in conjunction with other permitted uses. (14) Utility and related facilities such as distribution lines; railroad rights- of-way; and telephone repeater stations. (15) Temporary buildings and storage of materials in conjunction with construction of a building on a lot where construction is taking place or on adjacent lots, such temporary uses to be terminated upon the completion of construction. (16) Outside open market on private or public property for the selling of fresh food, not to be consumed on the premises, and plants, or other goods_but shall require a special temporary permit issued by the city council. (17) Banks and pharmacies with or without drive-thru facilities. (18) Fitness facilities _ (720.3) Lot size and setback requirements. Lot size and setback requirements are as follows: (1) Minimum Lot size and building setbacks (Non-Residential and Mixed- Use Buildings): a. Minimum lot size: none b. Minimum setbacks 1. Front - 0' 2. Rear - 20' (may be 0' if adjacent to a public or private alley) 3. Side - 0' c. Maximum setbacks 1. Front - 20' 2. Side - 20' - (2) Minimum Lot size and building setbacks (Single-Family detached): 2 ORDINANCE No. 2006-17 a. Minimum lot size: 6,250 square feet - b. Minimum public road frontage: 50 feet. c. Minimum setbacks 1. Front - 20' 2. Rear - 30' (may be 0' if adjacent to a public or private alley) 3. Side - 7.5' (15' between buildings) 4. Minimum Driveway Length - 22' (except for units served by a private alley) (3) Minimum lot size and building setbacks (Single-Family attached and multi-family): a. Minimum lot size or project area of single-family attached and multi- family: 20,000 square feet. b. Setbacks - 1. Front - 20' (Residences may be built to the edge of the right- of-way if parking/garage located in the rear or detached) 2. Rear - 40' 3. Side - is' 4. Building Separations: Side to Side - 20' Side to Back - 30' Back to Back - 40' Front to Side - 30' Front to Back - 40' Front to Front - 40' - (720.4) Landscape buffer and screening requirements. Unless otherwise noted within this district's requirements, any property within an MU district which abuts single-family or multi-family residentially zoned property without an intervening streetshall have a minimum ten-foot landscaped screening buffer adjacent to all residentially zoned property. Buffers may be included within required setbacks; however, in such case that the required buffer is greater than the required setback, the required buffer shall be adhered to. Additionally, necessary private utilities and access drives may be allowed 3 ORDINANCE No. 2006-17 through, over or across a landscaped buffer. The design of the buffer shall comply with Section 503 of the City's Zoning Code. - (720.5) Building and structure requirements. Maximum building height (excluding spires, belfries, cupolas, chimneys, elevator housings, roof access stairs, parapets or decorative towers or structures placed above the roof level and not intended for human occupancy) is 66', with no more than 5 stories above ground. For the purposes of this section, building height shall be measured from the average finish ground or rooftop of underground deck elevation to the bottom of the roof structure (roof bearing). Below-ground parking structures shall not be included in the total height or story calculations provided a minimum of two sides of the top level of said deck are below grade. (720.6) Parking requirements shall be based upon those associated with the Central Business District. See Article IX for paved parking specifications. (720.7) Lighting requirements. Lighting levels shall not exceed .25 footcandles when measured at adjacent residentially zoned properties. There shall be no limitation on lighting levels when adjacent to non-residential properties. (720.8) Use limitations. (1) All refuse and designated recycling collection location facilities must be contained within completely enclosed facilities with three-sided brick/stone/stucco walls with an opaque gate. - (2) Outside display, storage or sale of merchandise shall be limited to an area which is within a display area enclosed on all sides by a 6' high wall or under a building overhang/canopy or located no greater than five feet from the exterior building wall; unless otherwise provided for herein. (3) No outside runs are permitted with any veterinary office use permitted within this district. (4) Overhangs associated with balconies, shutters, canopies, etc. may be permitted to encroach a maximum of 5' into any required setback or right-of-way provided they are a minimum of 10' above the ground. (720.9) Special requirements: (1) Residential density shall not exceed twenty-five dwelling units per acre. Densities up to thirty units per acre are permitted if at least 15% of the proposed "for sale" residential units are connected and integrated with a proposed non-residential use and considered affordable. For the purpose of this section, affordable shall mean units built for an initially sold to households earning no more than - 4 ORDINANCE No. 2006-17 80% of the Atlanta Metropolitan Statistical Area's (MSA) median household income, as may be adjusted from time to time. - (2) The minimum floor area of any detached residential dwelling shall not be less than 1,800 square feet. Attached dwelling units, condominium units and other multi-family units may not be less than an average of 900 square feet in area. (3) All retail sales and personal service establishments shall be located on the ground floor. However, a residential building may have its resident services located above the first floor. The retail portion of any building may not exceed 47,000 in gross floor area. For the purposes of this section, gross floor area shall mean the total building area designated for retail use less restrooms and mechanical rooms. (4) The gross floor area occupied by nonresidential uses shall not exceed 50 percent of the total gross floor area within a development. (5) Front setbacks for all uses shall create a consistent building edge along a public sidewalk (which exists or is proposed). This shall not be construed as meaning that building facades may not articulate for doors, storefront windows, columns, or similar architectural features. (6) Off-street surface parking shall be prohibited between a building and the adjacent street. The street fronting ground floor of all parking structures shall have a use other than parking within the first twenty feet of the structure as measured from the street fronting facade of the parking structure. - (7) Any development (excluding attached and detached single-family) shall provide public plazas or spaces which are connected to pedestrian zones with features such as: porches, covered awnings, side-walk cafes, storefront shops and street furniture. Significant gathering places such as public gardens, monuments, public art or educational features shall be provided within these public spaces. Developers shall attempt to combine common areas wherever possible. (8) Multimodal connections or transit stop/plaza shall be integrally connected to any development (excluding single-family) in excess of either one acre or 10,000 square feet of building area. (9) Accessory buildings, structures, uses and decks are permitted pursuant to Section 501 of the City's Zoning Code. - (10) An MU development shall have its primary ingress and egress oo+y on a major or collector street or state highway. This shall not apply to single-family attached or detached uses. 5 ORDINANCE No. 2006-17 - (11) Where authorized, drive-through facilities and associated queuing facilities shall not be located between any building and the adjacent street. Furthermore, said when said facility is within fifty (50) feet of an existing or proposed public sidewalk, and when queuing lanes and service windows, bays or lanes would otherwise be visible from the major pedestrian route, then landscaping shall be installed to screen the service windows, bays or lanes from view to the maximum extent practicable. (12) All applicable standards from Section 1201 shall govern the residential portions of the mixed-use development. (13) 15% of the total number of proposed residential units may be rental if connected and integrated with the proposed non-residential uses. Any new rental units must replace existing rental units contained in an approved and code-compliant apartment building within a '12 mile radius of the project area at a rate of 1 new rental unit for every 2 existing rental units to be replaced. - (14) Where a development has more than six hundred (600) feet of frontage along an existing public street of four of more travel lanes, a new public or private street may be constructed parallel to said street for the purpose of ensuring a safe pedestrian environment. Said street shall be built as one of the following two types and shall connect to another public or private street at both ends; dead-end streets are prohibited. a. Frontage Street: A frontage street shall have a maximum of two twelve (12) foot wide travel lanes, plus on-street parking adjacent to the building. On-street parking may include parallel parking, angled parking, or perpendicular parking, provided that trees are planted a maximum distance of seventy-five (75) feet on-center within said parking zone. In addition, a publicly accessible green space improved for pedestrian use and having a minimum continuous depth of forty (40) shall be provided between said new street and the existing street; shade trees with a minimum mature height of forty (40) feet shall be planted around the perimeter of said space, a maximum of fifty (50) feet on-center). Sidewalk meeting all City requirements for a public street shall also be provided along one side of said new street. These sidewalks shall be located on the side of the street opposite the publicly accessible green space and shall taper into existing City sidewalks where the property abuts another. - b. Boulevard Street: A boulevard street shall have a maximum of one fourteen (14) foot wide travel lane, plus on-street parking adjacent to the building. On-street parking may include parallel parking or 6 ORDINANCE No. 2006-17 - angled parking. In addition, a landscape strip having a minimum continuous depth of ten (10) feet shall be provided between said new street and the existing street; shade trees with a minimum mature height of forty (40) feet shall be planted a maximum within said strip of fifty (50) feet on-center). Sidewalk meeting all City requirements for a public street shall also be provided along one side of said new street. These sidewalks shall be located on the side of the street opposite the landscape strip and shall taper into existing City sidewalks where the property abuts another. 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 July, 2006. - F Attest: A. Max Bacon, Mayor 9P~[).~ Susan D. Hiott, City Clerk City of Smyrna Approved as to form: ~ Scott A. Cochran, City Attorney - 7 ORDINANCE No. 2006-15 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THA T THE CODE o.F ORDINANCES, CHAPTER 46, ENVIRONMENT, CITY OF SMYRNA, GEORGIA, BE AMENDED BY THE ADDITION OF SEe. 46-6 LIMIT ON NUMBER OF DOGS ALLOWED AND SEe. 46-7 LIMIT ON NUMBER OF CATS HARBORED IN ORDER TO IMPOSE A RESTRICTION ON THE NUMBER OF SUCH ANIMALS WHICH CAN BE MAINTAINED AT ANY ONE LOCATION BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 46, Environment, City of Smyrna, Georgia, be amended by the addition of Sec. 46-6 Limit on number of dogs allowed and Sec. 46-7 Limit on number of cats harbored to read as follows: See, 46-6 Limit on number of dogs allowed. (a) The keeping of dogs shall be allowed as an accessory use on any lot, provided such dogs are for personal use and enjoyment and not for commercial purposes. (b) The number of dogs permitted shall be in accordance with the following schedule, except that, in determining the number of dogs allowed, only those dogs six months or older in age shall be counted. - Number Minimum Lot Size of Dogs 1 to 2 No requirement 3 20,000 square feet 4 30,000 square feet 5 or more 40,000 square feet, plus 10,000 square feet for each additional dog above 5 (c) This limitation shall not apply to veterinary clinics, licensed animal shelters, pet shops or grooming establishments. - ORDINANCE No. 2006-15 Sec. 46-7 Limit on number of cats harbored. - (a) The harboring of cats for commercial purposes, including, but not limited to, the breeding and sale of cats, shall not be allowed except as may be provided under licensing provisions in the ordinances of the city. (b) The number of cats six months of age or older shall be limited on any lot according to the following provisions: Number Minimum Lot Size of Cats Up to 4 1 acre or less 1 additional Each additionall/4 acre (c) This limitation shall not apply to veterinary clinics, licensed animal shelters, pet shops or grooming establishments. 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. Attest: ~M1LM7 D ~. Su an D. HIOtt, CIty Clerk City of Smyrna Approved as to form: Scott A. Coch an, City Attorney - 2 July 17, 2006 Z06-033 Exhibit "B" 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 ...~ ~.SAMSLARKINHUF~COM OF COUNSEL DAVID P. HARTIN June 8, 2006 *ALSO LICENSED TO PRACTICE IN ALABAMA VIA HAND DELIVERY Mr. Christopher S. Miller, AICP, Director City of Smyrna Community Development Department 3180 Atlanta Road Smyrna, GA 30080 ~ Re: Application of Weaver & Woodbery Company to Rezone a 2.14 Acre Tract from General Commercial (GC) to RAD Conditional (No. Z06-033) Dear Chris: You will recall that I represent the applicant and the applicant's company, Sherwood Park, LLC, which owns the property which constitutes the subject matter of the above-captioned application for rezoning. The application is scheduled to be heard and considered by the City of Smyrna Planning & Zoning Board on June 12,2006 and, thereafter, is scheduled to be heard and considered for final action by the Mayor and City Council on July 17,2006. With respect to the foregoing and in keeping with direction from the staff in connection with this rezoning request and previously approved rezoning requests which Weaver & Woodbery has completed on South Sherwood Road, this letter will serve as my clients' expression of agreement with the following stipulations which, upon the rezoning being approved, shall become conditions and a part of the grant of the requested rezoning and binding upon the subject property thereafter: 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. ... SAMS, LARKIN & HUFF A LIMITED LIAl3ILITY PARTNERSHIP w VIA HAND DELIVERY Mr. Christopher S. Miller, AICP, Director City of Smyrna Community Development Department Page 2 June 8, 2006 2. The rezoning of the subject property shall be from OC to RAD Conditional, predicated upon the lot sizes and setbacks as shown on that certain Zoning Plan (Sherwood Park III) prepared by The Sprinkle Design Conservancy which was submitted contemporaneously with the zoning application on May 26, 2006. 3. The subject property shall be added to previously rezoned property (No. Z05-019 [2005]) which will ultimately constitute a residential community with a total number of 23 homes on 6.136 acres at a density of3.748 units per acre.l 4. The size of the detached single family homes shall range from a minimum of 2,800 square feet up to 3,400 square feet and beyond.2 w 5. The architectural style of the homes shall be traditional and the composition of the homes shall consist of a mixture of either brick, stacked stone, cedar shake and/or hardy plank and each of the homes shall have an attached two-car garage. Additionally, each of the homes will have an additional parking pad of no less than 22' in length which will accommodate the parking of two (2) additional vehicles. 6. 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. 7. An agreement to create a master 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. w IThe subject property (2.14 acres) being added to the previously rezoned 3.996 acre tract increases the number of homes from 19 homes to 23 homes but the overall density is decreased from 4.75 units per acre to 3.748 units per acre. 2 Price points are anticipated ranging from $420,000.00 to $600,000.00. SAMS, LARKIN & HUFF A LIMITED LIAllILITY PARTNERSHIP -.,. VIA HAND DELIVERY Mr. Christopher S. Miller, AICP, Director City of Smyrna Community Development Department Page 3 June 8,2006 8. A third-party management company shall be hired to manage the day-to-day operations of the master 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. 9. 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. 10. 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 degreed 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, heavily landscaped and irrigated. d. Sodded front, side and rear yards which shall be irrigated as appropriate. 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. ~ SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP ~ VIA HAND DELIVERY Mr. Christopher S. Miller, AICP, Director City of Smyrna Community Development Department Page 4 June 8, 2006 g. An agreement to comply with 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. 11. Subject to recommendations from the City of Smyrna Engineering Department concerning hydrology, storrnwater 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 by the City Engineer. ~ 12. Subject to recommendations from the City of Smyrna Public Works Department with respect to the availability and accessibility of water and sewer and issues attendant thereto.3 13. 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. b. Sidewalks shall be installed within the residential community and outside of the residential community adjacent to any public rights-of-way as depicted on that certain Zoning Plan filed contemporaneously with the zoning application. 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. ,., 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 PARTNERSHIP '- VIA HAND DELIVERY Mr. Christopher S. Miller, AICP, Director City of Smyrna Community Development Department Page 5 June 8, 2006 e. Development of any streets within the residential community (including private streets and alleys) shall conform to the City's standards. This application for rezoning completes Weaver & Woodbery's assemblage of properties on the west side of South Sherwood Road and will allow for the construction and development of an upscale residential community consisting of custom, quality built homes. Please do not hesitate to call should you or your staff require any further information or documentation prior to the application's appearance before the Planning & Zoning Board next week or the Mayor and City Council next month. -- , '''-~ . 1. Sams, Jr. gsamsla)samslarkinhuff.com GLS,Jr./jbmc cc: Honorable Max Bacon, Mayor - VIA Hand Delivery Members, City of Smyrna City Council - VIA Hand Delivery Members, City of Smyrna Planning & Zoning Board Mr. Ken 1. Hildebrandt, P.E., City Engineer - VIA Hand Delivery Mr. Scott Stokes, Public Works Director - VIA Hand Delivery Mr. Wayne Wright, City Administrator - VIA Hand Delivery Mr. David W oodbery Mr. Todd Prinkey --