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09-18-2006 September 18, 2006 September 18, 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, Police Chief Stan Hook, Assistant City Administrator Eric Taylor, Assistant Fire Chief Sam Wehunt, Public Works Director Scott Stokes, Library Director Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Relations Director Jennifer Bennett, Finance Director David Boyd, Planner Rusty Martin, Parks and Recreation Director Steve Ciaccio and representatives of the press. Invocation was given by Pastor Elijah Jones from Greater Zion Hill Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item #4 D (Public Hearing - Rezoning request Z06-045 - R-15 to RAD Conditional- 0.878 acre tract - vicinity of Church Street - Fairbanks Properties, LLC) will be tabled until the October 16,2006 meeting. Mayor Bacon stated agenda item #8 D (Approval for Mayor to enter into a contract with Cobb County Schools for funding of landscaping) will be added at this meeting. - *MOTION: Council Member Newcomb made a motion to suspend the rules to add an item to the consent agenda (Approval for Mayor to enter into a contract with Cobb County Schools for funding of landscaping). The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. * MOTION: Council Member Newcomb made a motion to approve addition of item #8 D (Approval for Mayor to enter into a contract with Cobb County Schools for funding of landscaping) to the consent agenda. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. Mayor Bacon explained the City will be eligible to receive matching grant funds from the County School Board to defray the cost ofthe planned landscape improvements at local schools. MAYOR'S REPORT: Mayor Bacon recognized County School Board Representative Curt Johnston, Principal Hansard, Ms. Wilson and students from Argyle Elementary School. Mr. Johnston thanked the City's officials for considering the measure for landscape improvements at the local schools. The students conducted th is month's character education presentation for those present. Mayor Bacon recognized Mr. Lamar Norton from Georgia Municipal Association, and Mr. Norton commended Senator Doug Stoner for his character and leadership. Mr. Norton presented the Georgia Municipal Association Champion of Georgia Cities Award to Senator Stoner. Senator Stoner thanked the City's staff and officials for their support and cooperation. - Mayor Bacon recognized Mr. Don Whitney representing the US 10K Classic, and Mr. Whitney stated a plaque will be presented to the City's officials in appreciation of their cooperation and assistance with this year's US 10K Classic event. September 18,2006 2 Mayor Bacon congratulated Campbell High School's football team on their recent success. LAND ISSUES/ZONINGS/ ANNEXA nONS: - (A) Public Hearing - Rezoning request Z06-040- R-15 to RAD Conditional- 1.0827 acre tract - Walker Court and Morris Circle - DGD Holdings, Inc. Mr. Wright stated the applicant wishes to build four single-family houses on the subject tract at a density of3.69 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) has recommended approval of this proposal, and staff recommends approval of the 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 Scoggins recognized Mr. Hank Dudak, and Mr. Dudak stated his plans call for replacement of two existing structures on the subject property with four new single-family houses. Mr. Dudak stated each of these new structures would occupy lots comprising approximately 9,000 to 9,500 s.f. each. Mr. Dudak introduced Mr. Ryan Locke to those present, and Mr. Locke provided details concerning the architectural style of the planned structures. Mr. Locke stated the new structures will feature a variety of external finish materials and each will comprise some 3,000 s.f each. Mr. Locke stated the selling prices of the new houses are expected to start at around $500,000 each. Council Member Newcomb asked Mr. Dudak if standard condition #1 requiring that no elevation ofthe new structures be completely made up of fiber cement siding is acceptable and clear, and Mr. Dudak answered in the affirmative. (Clerk's Note: A copy of applicable standard conditions and special conditions of this rezoning is appended hereto as Exhibit "A") - MOTION: Council Member Scoggins made a motion to approve Rezoning request Z06-040 from R-15 to RAD Conditional for a 1.0827 acre tract at Walker Court and Morris Circle for DGD Holdings, Inc. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (B) Public Hearing - Rezoning request Z06-041 - FC and LI to RHR Conditional- 0.794 acre tract - Valley Woods Apartments Mr. Wright stated the applicant requests rezoning of parcels amounting to approximately .80 acre and amendment to a previously approved site plan for construction of nine townhouses at a density of 11.34 units per acre. Mr. Wright stated the proposal would include a land use change from medium density residential to high density residential. Mr. Wright stated the proposed rezoning would result in a slight reduction in the overall density of this project. Mr. Wright stated PZB has recommended denial of the proposal, but staff supports approval of the request subject to a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comm~nt, and the oath was administered to at least two persons by Mr. Cochran. Council Member Scoggins recognized Mr. Garvis Sams, representing Coro Realty Advisors, Inc. (CRA), and Mr. Sams stated the subject tract will be added to an 8.84 acre property presently occupied by an apartment complex. Mr. Sams stated the plan under consideration will change the existing rental property into owner occupied housing. Mr. Sams stated the proposed rezoning for - - - - September 18. 2006 residential purposes will result in a potentially less intense use of the subject property. Mayor Bacon recognized Me Garrett Loeffen, residing near the subject property, and Mr. Loeffen commented favorably about the developer's willingness to listen to suggestions from the residents of the surrounding community. Me Loeffen expressed a preference for smaller single-family structures. Me Loeffen asked the present officials to follow the recommendation of the PZB. Mayor Bacon recognized Me Stephen McQuade, residing at 1555 Roswell Street, and Mr. McQuade stated it is his understanding that Future Commercial (Fe) zoning really does not exist Mr. Cochran stated FC is a residential use which recognizes that the property so zoned is in a transitional area. Me Cochran stated the major part of the subject parcel is zoned LI, which would allow industrial uses without need for consultation with the city council. Mr. McQuade stated he believes the subject property is not being sold at a particularly high price, and that the developer could be creative and build single-family houses. Mr. McQuade stated he believes single-family houses would be a better fit in the subject area. Me McQuade stated he believes the greenspace planned for the proposed development should be paced in an area where it will benefit everyone in the community. Mr. McQuade expressed concerns about hazardous materials which could be exposed during the demolition of the existing apartments. Mayor Bacon recognized Mr. Stefano, who expressed concerns about the proposed townhouses possibly being used as rental properties. Me Stefano stated he believes the greenspace planned for the proposed development should be placed in an area where it will benefit everyone in the community. Me Stefano stated he approves of rezoning that will result in a potentially less intense use of the subject property. Mr. Sams stated alternative placement of the greenspace planned for the proposed development is likely to result in loss of a greater number of specimen trees and would require a variance from the tree preservation ordinance. Mr. Sams stated the stipulations of the rezoning limit the number of units in the townhouse development which may be rented. Me McQuade stated there are four oak trees near the rental property in the subject area which he believes will have to be removed in connection with building the proposed townhouses. Mr. McQuade stated he believes the greenspace planned for the proposed development should be placed in an area where it will benefit everyone in the community. Mr. Hildebrandt read the special conditions of the rezoning 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 southern property line. 3 4 September 18. 2006 17. A six-foot tall opaque fence shall be installed and maintained along the southern property line. 18. Driveway _ 18' minimum length from building face to edge of alley pavement. Each townhouse unit shall have a two-car garage. 19. The developer shall be responsible for any additional right-of-way dedication to maintain a 25' distance from the centerline of Roswell Street and Windy Hill Place. 20. The reduction in detention mentioned in stipulation #4 shall be based on natural conditions (10% reduction in the amount of runoff). Council Member Scoggins asked Mr. Sams what the size of the proposed townhouses will be. Mr. Sams stated the townhouses will range in size from 2,000 s.f. to 2,400 s.f. Council Member Lnenicka asked Mr. Sams if all previous stipulations and requirements applicable to the original rezoning will also apply to the subject property, and Mr. Sams answered in the affirmative. Mr. Sams stated that if the alternative plan with open space on Roswell Street is preferred by the City, then a contemporaneous variance to the tree preservation replacement ordinance will be required. Mr. Stefano stated he believes open space on the Roswell Street side of the development would provide more visibility and safety to any children who may be there. MOTION: Council Member Scoggins made a motion to approve Rezoning request Z06-041 from FC and LI to RHR Conditional for a 0.794 acre tract near Valley Woods Apartments. Council Member Scoggins stated the plan with open space near Roswell Street will be used for this development. The motion was seconded by Council Member Pritchett. Council Member McNabb expressed concerns about changing the land use designation of the subject property to high density residential because higher density will be required for tax allocation district (T AD) areas. Council Member McNabb stated he sees no advantage to approval of high density use in this case with the understanding that there is a risk that the property owner could sell the subject tract to someone who would build a car repair facility there. Council Member McNabb stated he believes the risk is worth a chance to wait, and encouraged the present officials to vote against this measure because in this case rental property is not being converted to owner occupied property and the City is not realizing a benefit. Council Member Lnenicka stated he will support the motion. Council Member Lnenicka stated the proposal under consideration will lower the overall density of the entire redevelopment. Council Member Lnenicka stated he believes allowing the subject property to remain in a commercial and industrial zoning in an area which is otherwise residential is not in the best interests ofthe neighborhood. Council Member Lnenicka stated he would like to amend the motion to include a provision which would eliminate any possible penalty under the tree preservation ordinance the developer may incur as result of utilizing the plan with open space near Roswell Street. MOTION: Council Member Lnenicka made a motion to amend the initial motion to authorize the City staffto cooperate with the applicant in the application of the tree preservation ordinance on the alternate plan, if approved, such that the applicant is not penalized under the ordinance for making this change. The motion was seconded by Council Member Wood. Motion to amend the main motion was approved 6 - 0 with Council Member McNabb abstaining. Council Member Newcomb expressed concerns about the proliferation oftownhouses, but stated that the subject property as presently zoned could be used for purposes that would not be .... - - - - - September 18, 2006 5 compatible with the surrounding residential uses. Council Member Newcomb stated he will support the motion, and that the proposal under consideration is at least somewhat in keeping with the objectives of the future land use plan because commercial property is being replaced with a residential use, Motion to approve the main motion as amended was approved 6 - 1, with Council Member McNabb in opposition. (C) Public Hearing - Rezoning request Z06-044 - GC to OD Conditional- 2340 Cobb Parkway - Keystone Development Services, LLC Mr. Wright stated the applicant is requesting to rezone the old Circuit City property at 2340 Cobb Parkway and use the building as a climate controlled self-service storage facility. Mr. Wright stated PZB voted to recommend approval of the rezoning request, and that staff supports the rezoning subject to a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Pritchett recognized Mr. Garvis Sams, representing Keystone Development Services, LLC (KDS), and Mr. Thomas Wells and Mr. David Barker from KDS. Mr. Sams stated the subject tract comprises 3.55 acres. Mr. Sams presented architectural renderings of the proposed remodeling of the building on the subject property for review by the present officials. Mr. Sams stated additional landscaping is planned for the subject location to provide a more attractive overall appearance for the planned facility. Mr. Sams stated the additional landscaping will reduce the amount of impervious surface in the subject area. Mr. Sams stated a letter of agreeable stipulations for this rezoning request has been submitted to the City staff. Mr. Sams stated KDS is agreeable to the stipulations set forth in the staff analysis. Council Member Pritchett asked Mr. Sams how the prohibition of hazardous materials at the proposed storage facility would be regulated. Mr. Sams stated Homeland Storage has the authority to enter the storage facil ities as a part of regular maintenance. Mr. Sams stated the storage company's insurance carrier requires them to do this. MOTION: Council Member Pritchett made a motion to approve Rezoning request Z06-044 from GC to OD Conditional at 2340 Cobb Parkway for Keystone Development Services, LLC subject to the following conditions: Standard Conditions (Requirement #1,2,3,4,5,6,7,8,9,10,12,16 and 17 from Section 1201 of the Zoning Code is not applicable) I. No debris may be buried on any lot or common area. 2. 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. 3, All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 4. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. September 18, 2006 6 Special Conditions 5. No rental truck operations or outside storage shall be permitted in conjunction with the zoning. No overnight vehicle parking shall be permitted. - 6. No dry storage of outdoor recreational equipment shall be permitted in conjunction with the zoning. 7. To protect the residences to the north, west and south, no lighting shall be provided in the rear except low-level building-mounted security lighting which shall be directed downward. The parking lot lighting in the front shall be limited to decorative lighting fixtures equivalent to the Georgia Power "Sternberg" style posts used in downtown Smyrna. All exterior lighting shall be low-intensity. 8. A 10' wide landscape buffer along the northern, eastern and southern property boundaries shall be consistent with the requirements of Section 503 of the City's Zoning Code. 9. The building shall be designed with four-sided brick or <.;tucco elevations and match the renderings provided with the rezoning package. No external doors (other than those associated with the office and the entrance to climate controlled storage facility) shall be visible from any property boundaries. 10. No chain link fencing shall be permitted. Any permanent fencing shall be wrought iron or similar decorative material. 11. Any proposed dumpsters shall be surrounded by a three-sided brick enclosure with an opaque gate in the front. - Mr. Sams stated a letter of agreeable stipulations dated August 9, 2006 and a revised site plan dated September 13,2006 for this rezoning request have been submitted to the City staff and suggested that the two letters be included in the motion. (Clerk's Note: The two referenced letters are appended hereto as Exhibit "B") The motion was seconded by Council Member Newcomb. Council Member McNabb thanked Keystone Development Services, LLC for bringing this proposal before the council and expressed approval ofthe plan for reusing the existing building. Council Member Pritchett stated this improvement and use of the subject property will be beneficial to Ward 1. Motion was approved 7 - 0, (D) Public Hearing - Rezoning request Z06-045 - R-15 to RAD Conditional- 0.878 acre tract _ vicinity of Church Street - Fairbanks Properties, LLC To be tabled until the October 16, 2006 meeting Mayor Bacon stated this is a public hearing and asked for public comment. Mayor Bacon recognized Ms. Jenny Mashburn, residing at 2933 Mann Street, and Ms. Mashburn asked what the meaning ofR-15 to RAD Conditional is. Mayor Bacon provided an explanation to Ms. Mashburn concerning the meaning ofthis terminology. Ms, Mashburn stated someone may make her an offer on her property but so far has not. Ms. Mashburn expressed concerns about water coming onto her property if the proposed construction begins, Ms. Mashburn asked for clarification of other terminology, and Mayor Bacon referred Ms, Mashburn to the City staff. - September 18. 2006 7 - MOTION: Council Member Newcomb made a motion to table Rezoning request Z06-045 from R-15 to RAD Conditional for a 0.878 acre tract in the vicinity of Church Street for Fairbanks Properties, LLC to the October 16, 2006 meeting. The motion was seconded by Council Member McNabb. Motion to table the measure was approved 7 - O. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Approval of name change for apartment complex - Archstone Woodlands - 2200 Woodlands Drive Mr. Wright stated the management ofthis complex is requesting to change the name to Jasmine Woodlands and the request has been approved by the fire marshal, building inspector and city engineer. Mr. Wright stated staff recommends approval of the requested change. MOTION: Council Member Newcomb made a motion to approve the apartment name change request for the property at 2200 Woodlands Drive to Jasmine Woodlands Apartments. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (B) Appointment of Downtown Development Authority members Mr. Wright stated Max Bacon, Hubert Black, Kimberly Gangemi, Jim Pitts, Eric Cash, Doug Stoner, and Larry Freeman are the members proposed for reappointment to the DDA. - Council Member Wood stated Sean Murphy was appointed to the DDA on August 21, 2006. MOTION: Council Member Wood made a motion to appoint Max Bacon, Hubert Black, Kimberly Gangemi, Jim Pitts, Eric Cash, Doug Stoner, and Larry Freeman to the Downtown Development Authority for one year terms to expire April 3, 2007. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (C) Appointment of member to the Planning and Zoning Board Mr. Wright stated Ward 5 PZB representative Randy Rink has relocated away from the City. Mr. Wright stated Council Member Smith has asked Dale LaValley, residing at 5006 Rose Court, to serve as the Ward 5 representative to the Planning and Zoning Board for the remainder of the current term. MOTION: Council Member Smith made a motion to appoint Dale LaValley to the Planning and Zonoing Board for the remainder of the term ending December 31, 2007. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (D) Approval of Amendment to City Alcoholic Beverage Ordinance, Section 6-118, (b) 2 and (b) 4, suitable distance - Mr. Wright stated the City alcoholic beverage ordinance includes a number of property setback requirements for purveyors of alcoholic beverages. Mr. Wright stated the proposed amendment would change the distance requirement between residential property and any premises used for September 18, 2006 8 pouring alcoholic beverages. Mr. Wright stated the amendment, if approved, would reduce this distance requirement from 100' to 75.' MOTION: Council Member Wood made a motion to approve amendment to the City alcoholic beverage ordinance, Section 6-118, (b) 2 and (b) 4, for suitable distance. The motion was seconded by Council Member McNabb. Motion was approved 6 - 1, with Council Member Smith in opposition. - (E) Approval of renewal of Xspedius Franchise Agreement Mr. Wright stated Xspedius has assumed the franchise agreement from Espire after that entity went into bankruptcy. Mr. Wright stated the proposal under consideration would renew this agreement for five years with a 5% franchise fee on gross receipts in exchange for use of public right-of-way (ROW). Mr. Wright stated staff recommends approval of this agreement. MOTION: Council Member Wood made a motion to approve renewal of the Xspedius franchise agreement. The motion was seconded Council Member McNabb. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of September 5, 2006 minutes (B) Approval to declare city-owned 1997 Ford E-350 15 passenger van as surplus property The 1997 Ford Van was purchased nine years ago for use with the Senior Program. With the purchase ofthe new Hotel Shuttle Bus, we will have no further use for the vehicle, and the CDBG is requiring that we trade it in toward the purchase of the new vehicle. Staff recommends approval of this measure. - (C) Approval to authorize Mayor to sign and execute agreement for the City to enter into a lease agreement with Mr. Bryan Flint for Oakdale Road Park *(D) Approval for Mayor to enter into a contract with Cobb County Schools for funding of landscaping MOTION: Council Member Scoggins made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those present concerning current Public Works Department projects. Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk thanked those who provided assistance with the work glove luncheon on August 23. Ms. Kirk stated there were many contributors, including sponsorship from Waste Management for over $700, with over $3,500 total collected for the event. Ms. Kirk stated this event is for recognition of those workers who perform essential services outdoors and in inclement weather. Ms. Kirk provided details to those - September 18, 2006 9 - present concerning upcoming KSB projects. Council Member Pritchett stated Ms. Kirk will be providing planning assistance for the school landscaping project for which funding was approved at this meeting. Council Member Pritchett commended the City police department for the diligence they demonstrate in helping to make the City safer, and urged citizens to report suspicious activities. Council Member Newcomb encouraged citizens to report possible unlawful activities to the City police. Council Member Newcomb recognized Messrs. Hildebrandt and Taylor, who had no report. Council Member Scoggins recognized Ms. Hiott, who provided details to those present concerning recent court services operations. Ms. Hiott stated a new option which allows some violators to pay fines on-line is proving to be very successful. Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present concerning various park improvements and plans for new parks. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning the upcoming Smyrnabration event. Ms. Bennett stated the recent Spice of Life event was well-attended and successful, and thanked the City staff members whose cooperation and effort helped to make this event enjoyable for everyone. Ms. Bennett stated various other events will be forthcoming. Council Member McNabb stated the debut City New Year's Eve event will be family-oriented and likely to become a community favorite. - Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning current use statistics as well as recent and upcoming programs and events at the City Library. Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present concerning positions for which the City is presently recruiting Council Member Lnenicka recognized Assistant Fire Chief Wehunt, who had no report. Council Member Lnenicka recognized Chief Hook, and Chief Hook provided details to those present concerning staffing levels at the City police department. Council Member Lnenicka thanked the Cobb Chamber of Commerce for the Public Safety Recognition and Awards meeting held last week. Council Member Lnenicka stated City police officers Frank Durrance and Mitch Plumb and City firefighters from Engine 1 and Ladder 1 were among those recognized at this event. Council Member Lnenicka stated members of the Smyrna Business Association (SBA) recently came to Station 1 to prepare a lunch for the public safety staff there. Council Member Lnenicka stated the recognition provided by these two organizations was much appreciated. Council Member Lnenicka stated the SPLOST measure provides for replacement of the bridge on Campbell Road, and engineering students from Georgia Tech have agreed to work with local authorities on a design project for this bridge. Council Member Lnenicka congratulated Campbell High School's football team on their recent success. Council Member Wood recognized Mr. Boyd, and Mr. Boyd provided details to those present concerning the progress on the City financial audit. - September 18, 2006 10 CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry expressed regrets over the recent loss of retired City police officer Curtis Cook. Mr. Backry expressed the view that the City's staff and leadership could have been more solicitous of Mr. Cook's welfare. Mr. Backry stated he believes the City should have given Mr. Cook a plaque or other recognition of his many years of service as a police officer. - Mayor Bacon recognized Mrs. Jean Martin, residing at 3435 Lee Street, and Mrs. Martin expressed concerns to those present regarding the road improvements project on Concord Road. Mrs. Martin stated she believes pollution will be generated in connection with this work. Mrs. Martin stated she believes the changes to the road could impede emergency vehicles and other traffic. Mayor Bacon recognized Ms. Sam Sammons, residing on Chateau Walk, and Ms. Sammons expressed the view that the road improvements project on Concord Road as proposed will impact negatively on some businesses. Ms. Sammons provided details to those present concerning details purportedly disseminated by Council Member McNabb at the information meeting on August 22 regarding relocation assistance which could be provided to some businesses which may be adversely affected. Ms. Sammons expressed the view that some ofthe information provided may have been inaccurate and misleading. Ms. Sammons stated she believes that some proposed projects will generate traffic congestion for long periods of time. Ms. Sammons expressed concerns about project funding, design and impact on the local community. Ms. Sammons stated any projects undertaken against the wishes of City residents will be remembered during the next election. Mayor Bacon recognized Mr. John Fenner, residing at 1125 Pinedale Drive, and Mr. Fenner provided details to those present regarding a storm drain on the west side of his property which he believes is problematic. Mr. Fenner stated the City has been responsive to inquiries, but is of the opinion that some of the work done may be exacerbating the problem he believes exists there. Mr. Fenner stated the City conducted a camera inspection of a storm drain line there, and Mr. Fenner stated the inspection disclosed a collapsed structure. Mr. Fenner stated no further action has been taken in this matter, and that he has been advised that funding is not currently available for remediation. Mr. Fenner stated some flooding occurs in the subject area during rainfall events. Mr. Fenner stated Council Member McNabb has been to the subject location to investigate his complaint. - ADJOURNMENT: With no further business, the meeting was adjourned at 9:55 p.m. - - September 18, 2006 11 c>) uD.Y~ $USA D. HIOTT, CITY CLERK A. MAX BACON, MAYOR g~~. . BILL SCOGGIN , W A - d~~~ CHARLES PETE WOOD, WARD 7 - September 18, 2006 12 Exhibit A Public Hearing - Rezoning request Z06-040- R-15 to RAD Conditional - 1.0827 acre tract- Walker Court and Morris Circle - DGD Holdings, Inc. - Zoning Stipulations Standard Conditions (Requirements #2,5,8,9, 12 and 17 from Section 1201 ofthe 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 on all lots. These protective covenants shall be supplied to the city prior to the issuance of 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. 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. The grass buffer may be waived if it is deemed unnecessary by the City Engineer. 6. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 7. No debris may be buried on any lot or common area. 8. The developer will 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. 9. :.) All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 10. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. ..... / / September 18, 2006 13 II. 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 12. The development shall maintain the following setbacks: Front - 15' Side - 7.5' with IS' between buildings Street Side - 7.5' Rear - 20' 13. Driveway - 22' minimum length from building face to edge of proposed alley. 14. The final plat for the development shall include a right-of-way dedication of 10' along Morris Circle and 10' along Walker Court per the City Engineer. Setbacks shall be taken from the new right-of-way. IS. The detention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The stormwater detention plan shall be designed to create at least a 20% reduction in a 100-year storm event. The City Engineer shall approve all plans. - 16. 17. 18. 19. 20. The pavement width for the private drive shall be 20'. Each home will be a minimum of 2,500 square feet in size. Five-foot wide sidewalks shall be constructed along Morris Circle and Walker Court. 10' landscape buffer shall be provided and maintained along the southeastern property line. The developer shall create deed covenants for the shared driveways in which the ownership, maintenance, and utilization are the shared responsibility of each homeowner. These covenants must be supplied to the City prior to the issuance of a building permit. ... o 0eptember 18, 2006 SAMS, LARKIN & HUFF Exhibit "B" ., 206-044 .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 August 9,2006 *.AI.SO LICENSED TO PRACTICE IN ALABAMA VIA HAND DELIVERY Mr. Russell Martin, Planner City of Smyrna Community Development Department 3 180 Atlanta Road Smyrna, GA 30080 Re: Application of Keystone Development Services, LLC to Rezone a 3.555 Acre Tract from General Commercial (GC) to Conditional Office Distribution (0.0.) - (No. Z06-044) .... Dear Rusty: You will recall that this firm represents the Applicant concerning the above-captioned application for rezoning. The application is scheduled to be heard and considered by the City of Smyrna Planning & Zoning Board on August 14, 2006 and, thereafter, scheduled to be heard and considered for final action by the Smyrna Mayor and City Council on September 18, 2006. With respect to the foregoing, this letter will serve as my client's expression of agreement with the following stipulations which shall become conditions and a part of the grant of the requested rezoning, as amended and revised hereby, and binding upon the subject property thereafter: 1. The stipulations and conditions set forth herein shall replace and supercede in full any and aU prior stipulations and conditions in whatsoever form which are currently in place concerning the property which constitutes the subject matter ofthe above-captioned application for rezoning. 2. Rezoning of the subject property shall be conditional and consistent with that certain site plan prepared by Cook Engineering Services, LLC, which was submitted contemporaneously with the application for rezoning. 3. In the event that Keystone Development Services, LLC or assigns do not close on the subject property on or before December I, 2006 then, and in that event, the subject property shaU revert to its original zoning classification of General Commercial (GC). ~ -- ~ .... SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP VIA HAND DELIVERY Mr. Russell Martin, Planner City of Smyrna Community Development Department August 9, 2006 Page 2 4. The architectural style and composition of the building shall be consistent with the elevation/ rendering filed contemporaneously with the application for rezoning. Exterior materials shall consist of brick and EFIS. 5. Compliance with the City of Smyrna's Tree Preservation and Replacement Ordinance consistent with that certain Tree Protection Plan which was submitted contemporaneously with the application for rezoning, subject to the City Arborist's review and approval. 6. The rezoning of the subject property shall be to the Office Distribution (0.0.) classification use- specific for a Climate Controlled Self-Service Storage Facility (retrofitted and rehabilitated Circuit City building) and for two (2) Non-Climate Controlled Self-Service Storage Buildings. 7. Hours of operation of the office for the facility shall be from 9:00 a.m. until 8:00 p.m. Monday through Saturday and from 1 :00 p.m. until 6:00 p.m. on Sundays. 8. Subject to recommendations from the City Engineering Department with respect to detention, hydrology and down stream considerations, including the ultimate location and configuration of on site detention. 9. Compliance with recommendations from the City Engineering Department with respect to traffic/transportational issues pertaining or relating to Cobb Parkway (U. S. Highway 41). 10. Compliance with recommendations from the Cobb County Water System and the Smyrna Public Works Department with respect to the accessibility and availability of water and sewer which are both available at the site. II. The utilization of low intensity, environmental-type lighting which shall be subject to review and approval by staff. All exterior lighting shall be shielded and direct illumination shall be confined within the perimeter of the subject property. 12. All mechanical equipment and dumpsters shall be screened from view of the adjoining properties and rights-of-way in accordance with the architectural style and composition as aforementioned. 13. The Ward Councilwoman or her designee shall have the latitude to approve amendments to these stipulations or the site plan and architectural elevations during Plan Review. '>- SAMS, LARKIN & HUFF A LIMITED LIA1HLITY PARTNERSHIP ., VIA HAND DELIVERY Mr. Russell Martin, Planner City of Smyrna Community Development Department August 9, 2006 Page 3 14. There shall be no ancillary buildings or outside storage of any kind, including vehicles. In addition, the following restrictions shall also apply to the subject property: a. There shall be no loudspeakers, bells or paging systems. b. There shall be no long-term parking of heavy equipment, or parking of construction or related equipment allowed. c. There shall be no storage of recreational vehicles and no dry storage of pleasure boats of any type customarily maintained by private individuals for their personal use. d. There shall be no storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals. e. No units shall be used for or considered to be premises for the purpose of assigning a legal address in order to obtain an occupational license or any other government permit or licenses to do business. ~ f. There shall be no resident manager or any type of overnight accommodations for such. g. No units shall be used to manufacture, fabricate or process goods; to service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; to conduct garage sales or retail sales of any kind; to rehearse or practice utilizing band instruments; or for conversion to an apartment or dwelling unit; or to conduct any other commercial or industrial activities on the site. h. Maximum building height shall be 38 feet. 15. Access to the primary building and each floor shall be by a keycode which is unique to each individual renter. The Non-Climate Controlled Self-Service Storage Facility buildings shall be accessed by a keycode which is unique to each individual renter. 16. Fencing planned with respect to the subject property shall be black ornamental fencing with corner posts consisting of brick columns. ..... SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP .., VIA HAND DELIVERY Mr. Russell Martin, Planner City of Smyrna Community Development Department August 9,2006 Page 4 The subject property is the former site of Circuit City which has lain unused for an extended length of time. The proposed zoning meets the overall intent and policy of the Future Land Use Map which reflects that the subject property is located within a Community Activity Center (CAC) and also provides a complementary commercial use to the adjacent high density residential properties and other adjacent commerciaiiy zoneli propelties. Moreover, the zoning proposal is appropriate from a land use planning perspective, particularly when considered in the context of the foregoing stipulations/conditions. Please do not hesitate to call should you or the staff require any further information or documentation prior to the formulation of your Analysis and Recommendations to the Planning & Zoning Board and the Mayor and City Council. Very truly yours, ., FF,LLP Garvis L. Sams, Jr. gs III" i?,"'UllOl r mhuff.com GLS,Jr./dsj cc: Members, Smyrna Mayor and City Council- Via Hand Delivery Members, City of Smyrna Planning & Zoning Board Mr. Ken L. 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 Scott Cochran, Esquire, City Anorney - VIA Hand Delivery Mr. Thomas Wells, Keystone Development Services, LLC Mr. David L. Barker, Keystone Development Services, LLC -.,. .. ........ ,...,. SAMS, LARKIN & HUFF A LIMITED LIA1'lILITY PARTNERSHIP (i9. 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 770.426.6588 FACSIMILE ~.SAMSLARKINHUF~COM OF COUNSEL DAVID P. HARTIN September 13,2006 "ALSO LICENSED TO PRACTICE IN ALABAMA VIA HAND DELIVERY Mr. Russell Martin, Planner City of Smyrna Community Development Department 3180 Atlanta Road Smyrna, GA 30080 Re: Application of Keystone Development Services, LLC to Rezone a 3.555 Acre Tract from General Commercial (GC) to Conditional Office Distribution (O.D.) - (No. 206-044) Dear Rusty: In accordance with my client's latest conversations with City Engineer Ken Hildebrandt, enclosed please find the requisite number of copies of a revised site plan. The revisions to the site plan are minor and include a slight increase (400 square feet) to one of the buildings. In view of the fact that we are seeking a rezoning which is conditioned upon the site plan, I wanted to make certain that this filed prior to the work session of the Mayor and Council this week and the application's appearance before the Mayor and Council next week. Also enclosed is an 8~ x 11 color copy of a revised landscape plan which increases the landscaped areas by 12,000 square feet (35%). This landscaping increase not only improves the aesthetics and curb appeal of the proposal but also allows for a reduction in impervious surfaces and a reduction of stormwater runoff into Poplar Creek. SAMS, LARKIN & HUFF A LIMITED LIABIL.lTY PARTNERSHIP ..., VIA HAND DELIVERY Mr. Russell Martin, Planner City of Smyrna Community Development Department August 9, 2006 Page 2 Please do not hesitate to call should you have any questions whatsoever regarding these matters. Very truly yours, rARKIN & HUFF, LLP "- Garns L. Sams, Jr. gsams(QJ,sams ", ''--'''- ... GLSjr/jbmc Enclosures cc: Ms. Melleny Pritchett - w/enclosures - VIA Hand Delivery Mr. Ken L. Hildebrandt, P.E., City Engineer - w/enclosures - VIA Hand Delivery Mr. Thomas Wells, Keystone Development Services, LLC - wlo enclosures Mr. David L. Barker, Keystone Development Services, LLC - wlo enclosures ~ tLt1)-LIIL (OLL) t'oar ...-. '~ paqs JtoIGO 9Hl D~~)lOO;) ...,. o ~! I .1 Ii" . 1I1~f~ l~ I ~~ I! ~h I di;1 ! Jj3 J; l~!in ~ "fll'.wno.-n ""-':lJC 'lUWUCI 1..' ,~ :JH)~ __..:JJ4Q 3:~VCIOJ.S ct13:S GNV13:YWH ~oJ NV1d J.d3:JNOJ I' $lOllaIJIOVlhlf\" 1I.... __ . - 11M "I ,0.-.1"""'__ · , 'I . IH '11 ~ f lIt' I, !j if; .;IH Ii.! d If !fj !!Ul i ! fl I! d j !~m II!, i! i~ I;!:. If!l~ 11 :~ h !~ fJ~ I JIlt 11 ~!in l!.f ii i1 iiiII ihlf lIt,. ~i (! !!l~ 'it ~lll W: ~I':i -n, If !' !,Ig lr,l{ ..Hi ~m.lt JI,t IJ~ 11I~~' -I tli~JIIt{t. ',f ~l J!fit I'll ..!,. l:Ui'i 1~.1 I. fiffl ii ]"'J;h II~Jf 1'1 I t ~!h II,ft H)!! lilli!l 11M i !~ !1l!1 !f ~Iim :!th !h ~~ !tfU ~iiin !Jlmuuoh ~m ~/b .t\I~ J.'WM-JO-.1J<<:lIiI ,DOl (AVM>lHVd 880:> V>lV) It AVMHOIH 's'n - - 102 T ~~. : ~:;. --~l------~--- - t <- ,85';1"" ,e - , - - - -;;-!-r- - - - - -;;- - -- Ii ." ,. Ii ! I I i -... ,..." z ~ ~~~ 3'" ..~ ~!l, u ~ ~ II II II , ~ ':.- ~ ~ I . 9 \"i! a:3NOZ SJH31Wl't<N NT1~ ONVUl3ll1lOO ----mr . ~ w I II ~ 81.0 Z'.d!l ~- 01'1:1__ m ., ....., -- ~I ~ I~ t ~ ~~ ~ ;;H ~ n~H a: ~~~:!: r "9")(;; g ~ ~ E " ;/ ~ ~ u g ~HHH i ~!;~;:i i U2g~a ! ~~HU~ ~ ~a...a.! ~ ~in~Ul! :: ~;;~"~""I; !l nnuU ~ I :'lo~~fl~;t ~ ~i~':~f~e 2! 58 :3 ~~~ ~~~ ~ ae", ~ z ~ ~ 5 " , -z ;::t: ;;'" H ,~ ~~ sg ~g 11:.. g: h B; g; gffi ale] ~g ~8 .~~ ~~ ! -- /~ iK-:-' , '. ".ih'. 'J . ,0:",./ 'I I / / ORDINANCE No. 2006-20 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 6, ALCOHOLIC BEVERAGES, SECTIONS 6-118 (b) 2 and 4 CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTIONS TO CHANGE SUIT ABLE DISTANCE FOR A LICENSE FOR POURING DISTILLED SPIRITS AND WINE AND MALT BEVERAGES BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 6, Alcoholic Beverages, Sections 6 --118 (b) 2 and 4, City of Smyrna, Georgia, be amended to read as follows: (2) For a license for pouring distilled spirits, a suitable distance is 600 feet from a school, and 200 feet from a church, park, public building, library or residence; provided, however, that in no event shall any part of the proposed premises be located closer than 75 feet from the property line of the school, church, park, public building, library, or residence. (4) For a license for pouring wine and malt beverages, a suitable distance is 600 feet from a school, and 200 feet from a church, park, public building, library or residence; provided, however, that in no event shall any part of the proposed premises be located closer than 75 feet from the property line of the school, church, park, public building, library, or residence. - 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 18TH day of sePte~ A ~ A. Max Bacon, Mayor Attest: - D< Scott A. Cochran, City Attorney ~ ~ [IJ ~ '3 SHEET_OF _ DRAWING NO ISSUE NO PROJ NO 0618 FlL€ NO ..... ~ N/F CUMBERLAND GLEN APARTMENTS ZONED RM16 ... q o ~ ... q '" o. '" q -' S' -u-g-t- ~~['" 1~~1 ~.3 ~.~ ~ ~ ~i.~ 31.,.l ~ ~g;g ~iii ;~!~ ~;; ~ fHI .. 9..- '2- ..... U "'I g. ii ~. ,} ~~ !'~~i P a. ~l!;!;1I if.. ~ ~~~f-~ ~ ri~'.&'"&. ~.&'8"H~~ ~~~~!i.i .cri5:33=-3 'bb~r~"" o u"'~h --~i!.~. t.z: l3 ~ 0 ~ ~i a<~.~' gg- p.,,)' ~"a"'. i~~o~U: _~;u~fl HU:~ f 8~l~~ !Iii ~a ,....h~ ~a: ",3 ~;'b' i1 ~~ "~.3 .;;: . if. ~il 'U s g;s.. g n H 'lij li'~ ~. ~ 9: a'~ H- o a' C -a:g D" ~. !t ~i : [ . \ ------'---II- i \ 1\ ! ! ! j 81 " I 1 ! I! <:=> - - - - --+-1 <:=> _ _ _ _c,c I' :" ====~~ <:=> :: " Me) 5\<; ;...,~ ~S ~o <:=> <:=> if' = = <:=> .!J = = u.s. HIGHWAY 41 (AKA COBB PARKWAY) 200' RIGHT-Of-WAY R/W j~U1::~ ~g3.x'e.:t 1II00 ~ ;llli'" UN2.n !f~!f!-l iio~'a'o o~ ll-- 1 ~;ol illt~ 53 ~'i ~ ~!~i~ UH~ l~ !.~;;; :. ~.:~~ a~h~ tUi'~ i3i5't" l ~~ t~ ~ i 0'" 'En (II ~i ~.}~ ~ iOij,ca ~ G!". c,s ![!~! tiiil o :r~ 00 l;~i:' l}!i!.a g CT ..";13 ~l Hi~~ i-84.a;~ ~~ I~ i" '<! !-!!. !to g,og ::aH '~2~ J"_O S' I :;3 lO~5' o .e. g i~ ,)i' . 0'0 ... ~~ g ;l'h ;>1" hi l~. i~ i~ ~f il-_ ~;!: ~.~ 5'8 i~ 61 f::ll ~.. ,i! ~. 2-& UgG l~~~~ ~a~.~~ ~~ I~~~~ lai~ ~~.~ !~~5~l i~~ 11;1 ii_ ~ ~~j!: alo-~. ~~o~ ._-< ~_g~a It......' a.il i~dl :~ii ~~i;rl ~U:;'~i II -ifL~ f<i~ :?-lll!'~l !.;,".{\\% o,it .'I..... A'.l !l'l'*'"i' ;510~" h ~~g~~ ~i.! Xo~~ go~~ag 1'1 fi.~ ~ii" i; ~i}~ ~:~it~ ~~ itl~~ ~.~. ~i"'!i. ~i~:"~ ~J ~t ~g W~ 8"~~~ loa~~J I~ . I ~~ ~ ~~ta. ~-i~~ ~ -"I a ~ ~ 3ft ..~.. ~~. !l' .ll :'1 "~5"l "';$"1 I~ u ~di ~!l ~!;~ fi - ~~ ~i f:I8.3 l~rl;i L it [A" ll.~ 13 !tQ 0 if ~ 0 I ~,il ~t~i" ~ 'c oa ~l g" ~ ~ sf] !'- g C gGa l~I ~a ""11'" % ~" ~. t-f Iil g.j~ tit:. !~ P'~~ IE: hg, Tj l. t;S-.6 IPv ;!l~{ H ",i .h .l~ ?~ . a DAre JULY 26 2006 ......... HORIl. SCALE: 1" := 40' NO. OESCRIPl1ON OA" VERT. scAlE:: N/A A UPDATED SETBo'CI<S 9/1/0. CllYorSlMlNA DESIGNED: CHC LAND LOT S\ 806 .t: 807 DETAILED: CHC 2nd SEe t 7th LAND OlSTRIC 04ECKED: COBB cOUNTY, CA. AP_' 1-' CONCEPT PLAN for HOMELAND SELF STORAGE ""- - ~ ~ i o i ~ ~ 1:1 ~ ~ -< (') c: ~~~~ z)>fT1 fT1;;o;;O CJ -H; ;;o~Z-'" ~ZCJ o;ul~ fT1 Z \\, RIW ~1!'~$~ I "!,,a ~ .:1 :::t~5~). &. ~~;1g K' ~idij " "'~ J' lt3-F ?~p ~~ I ~[~~i ~ ~~Jii P. M~~~ .: 8l~ "':0: ~ ~ ~. ~ , "'" - .., :: COOK~:rnG 1116 Clork Street Covington. Georgia 30014 (770) 787-0474 ~ - ...J