11-20-2006 November 20, 2006
November 20, 2006
-
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All
council members were present. Also present were City Administrator Wayne Wright, City Clerk
Susan Hiott, City Attorney Scott Cochran, Fire Chief Jason Lanyon, Assistant Public Works
Director Frank Martin, 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 Mr. Wright, followed by the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated agenda item #4 A (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 December 18, 2006 meeting.
MAYOR'S REPORT:
Mayor Bacon stated that the tax allocation district (TAD) measure proposed for Jonquil Plaza
was approved by the County School Board last week. Mayor Bacon provided details to those
present concerning redevelopment plans for this location and expressed the view that this
redevelopment will have a favorable effect on the community. Mayor Bacon thanked Messrs.
Wright, Cochran and Durham for the many hours they labored on this TAD proposal.
-
LAND ISSUES/ZONINGS/ANNEXA TIONS:
(A) Public Hearing - Rezoning Request Z06-045 - 0.878 acre tract - R-15 to RAD
Conditional- Church Street near Mann Street - Fairbanks Properties, LLC
Mayor Bacon asked if there is anyone present in relation to this matter, and the oath was
administered to at least one person by Mr. Cochran.
Mr. Wright stated the applicant is requesting rezoning of the subject tract to build five two-story
single-family homes at a density of 5.69 units per acre. Mr. Wright stated staff and the Planning
and Zoning Board (PZB) recommend approval of the request for four units at a density of 4.56
units per acre with a number of conditions.
Mayor Bacon recognized Ms. Jenny Mashburn, residing at 2933 Mann Street, and Ms. Mashburn
expressed concern about additional traffic in the subject area which may result from the proposed
development. Ms. Mashburn expressed concerns about a retaining wall which is part ofthe
development plans. Ms. Mashburn expressed concerns about loss of trees associated with the
proposed construction. Ms. Mashburn expressed the view that traffic accidents will occur in the
subject area.
....
Mayor Bacon recognized Mr. Michael Page, residing at 1100 Stephens Street, and Mr. Page
expressed concerns about the proposed density of the planned development. Mr. Page expressed
concerns about possible noise disturbance which could be generated by construction in the
subject area. Mr. Page expressed concerns about blockage of drains in the subject area.
November 20, 2006 2
MOTION: Council Member Scoggins made a motion to table Rezoning Request Z06-045 for a
0.878 acre tract from R-15 to RAD Conditional at Church Street near Mann Street for Fairbanks
Properties, LLC until the December 18,2006 meeting. The motion was seconded by Council
Member McNabb. Motion to table the measure was approved 7 - O. -
(B) Public Hearing - Rezoning Request Z06-048 - 1.62 acre tract - OD to NS Conditional -
Hawthorne Avenue and Roswell Street - Christopher and Yvonne Ogbuefi
Mr. Wright stated the applicant is seeking approval to rezone a 1.62 acre property from OD to NS
Conditional to construct a 15,960 sf. retail center. Mr. Wright stated the retail center plans call for
six retail stores, one food store, and two restaurants. Mr. Wright stated staff and PZB recommend
approval of the request subject to a number of conditions.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to several persons.
Council Member Scoggins recognized Mr. Johnny Wilson and Mr. and Mrs. Ogbuefi. Mrs.
Ogbuefi provided details to those present concerning their business background and plans for the
subject property. Mr. Wilson stated Mr. and Mrs. Ogbuefi have agreed to give up a potentially
lucrative billboard on the subject property. Mr. Wilson expressed concerns about the list of
proscribed businesses proposed as a condition of rezoning. Mr. Wilson expressed the view that
the stipulation requiring ten additional trees is not feasible. Mr. Wilson expressed concerns about
a stipulation prohibiting twenty-four hour business operations, and pointed out a particular local
business which is open at all hours. Utilizing a graphic representation, Mr. Ogbuefi provided
details to those present concerning the plans for the subject property. Mr. Wilson stated
elimination of some parking spots as proposed could negatively affect retail tenants. Mr.
Hildebrandt stated the elimination of two parking spots in the front of the planned facility is
necessitated by traffic safety concerns. Council Member Pritchett expressed concerns about the
fact that the applicant relinquished parking spaces to relocate the building forward at the City's
direction and is now being asked to forfeit additional parking. Mr. Wright pointed out that
questions of this type frequently arise during the plan review process. Council Member Smith
suggested that all fourteen parking spaces on the street should be removed because of traffic
safety concerns, Mr. Wright stated the applicant has been cooperative about changing the plan
to conform more closely with the goals of the LCI study. Mr. Wright pointed out that there
are a considerable number of townhouses being built near the subject property and that staff
believes it is very important that the proposed retail facility be built in a manner which facilitates
pedestrian access, Mr. Wright provided an explanation as to why some on-street parking may be
desirable for the planned facility. Council Member McNabb commented on the importance of
planning new development while bearing in mind the ideas set forth in the LCI plan. Council
Member McNabb stated that parallel parking is commonly found almost everywhere vehicles
park.
-
Mayor Bacon recognized Ms. Betty Williams, residing at 1986 Turpin Road, and Ms. Williams
expressed support for the proposed retail development.
Mayor Bacon recognized Ms. Angel Mays, residing at 2583 Davenport Street, and Ms. Mays
expressed support for the proposed retail development.
Mayor Bacon recognized Mr. Phillip King, and Mr. King expressed support for the proposed
retail development.
...
November 20, 2006
,.,
.)
Mayor Bacon recognized Mr. Bobby Cooper, residing at 1890 Turpin Road, and Mr. Cooper
expressed support for the proposed retail development.
-
Mayor Bacon recognized Mr. William Stefano, residing at 1606 Walker Street, and Mr. Stefano
expressed support for the proposed retail development. Mr. Stefano expressed concerns about
traffic safety in the subject area.
At Council Member Scoggins' request, Mr. Martin read the conditions of the rezoning into the
record as follows:
Standard Conditions
(Requirements #1,2,3,4,5,8,9,12,16 and 17 from Section 1201 of the Zoning Code are not
applicable)
1. All utilities within the development shall be underground.
2. The development of any streets (including private) shall conform to the City's standards for
public right-of-ways.
3. No debris may be buried on any lot or common area.
4. 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.
-
5. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances.
6. All open space and common areas are to be sodded, and landscaped. Irrigate as appropriate.
Special Conditions
7. The retention pond shall be placed and screened appropriately to be unobtrusive inside and
outside the development. The storm water retention plan shall be designed to create at least a
20% reduction in a 2-year to 100-year storm event. The City Engineer shall approve all plans.
8. A ten-foot wide sidewalk shall be constructed along Roswell Street and Hawthorne Avenue.
9. A ten-foot landscape buffer shall be provided and maintained along the eastern property line.
10. Any proposed dumpsters shall be surrounded by a three-sided brick enclosure with an opaque
gate in the front. The brick shall match the color and material used for the commercial
buildings.
11. The commercial buildings shall utilize four-sided brick or stone elevations which generally
match the elevations presented during the November 13, 2006 Planning and Zoning Board
Meeting.
12. The applicant shall incorporate windows or shadowboxes (false windows or interior display
areas) along the northern and eastern fac;ade of the food store.
...
November 20, 2006
4
13. No neon or flashing signs shall be permitted. All freestanding signs shall be monument style.
14. The applicant shall remove the existing billboard on site within 90 days of the approval of the
rezonmg.
-
15. The proposed development shall have the following setbacks:
Front - 0'
Side - 30'
Street Side - 0'
Rear - 0'
16. The following uses shall be prohibited in the proposed shopping center:
. Automotive sales/repair
. Automobile wash service
. Boat sales and repairs
. Boarding and breeding kennels
. Dry cleaning plants
. Farm equipment sales and service
. Lumber, hardware and other building material establishments
. Mobile home and travel trailer sales
. Motorcycle sales and service
. Pawnshops
. Adult novelty stores
. Package stores
. Service stations
. Stations and terminals for bus and rail passenger service
. Taxi stands
. Theaters
. Tattoo Parlor
. Arcade and video game parlors
. Massage Parlor
. Pool Hall
. Check Cashing Store
.....
17. The construction of the project shall be based on the site plan submitted with the zoning
application dated October 6. 2006. Any significant changes to the site plan will require
approval by the mayor and council.
18. In the event traffic any safety hazard associated with parallel parking in the front of the
facility are subsequently identified by the city engineer the applicant shall remove parallel
parking spaces 1 and 2 on the site plan dated October 6, 2006. The applicant shall make
modifications to the site plan dated October 6, 2006 to address all stipulations listed above.
These modifications shall be completed prior to the plan review process.
....
November 20. 2006
5
-
Mr. Wilson objected to the prohibition against massage establishments and some other types of
businesses as a stipulation of this rezoning request. Mr. Martin stated the list of proscribed
businesses includes types which staff believes are incompatible with the upscale retail center
proposed. Council Members Pritchett, Newcomb and Lnenicka stated they will not support the
rezoning with any alteration to the prohibited list of businesses.
MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z06-048 for
a 1.62 acre tract from OD to NS Conditional at Hawthorne Avenue and Roswell Street for
Christopher and Yvonne Ogbuefi subject to the stipulations discussed at this meeting. The
motion was seconded by Council Member McNabb. Council Member Smith reiterated concerns
about possible traffic safety problems in the subject area and stated he will not support the
motion. Motion was approved 6 - I, with Council Member Smith in opposition.
(C) Annexation Request (100% of owners requesting annexation) - .9932 acre tract - Land
Lot 881, I ill District, 2nd Section, Cobb County - 2875 Spring Hill Parkway - Antonio
Dozier
Mr. Wright stated the submitted legal description of the subject property has been reviewed by
the City Engineer and was found to be in order.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Pritchett made a motion to approve annexation of a .9932 acre tract
in Land Lot 881, 1 ill District, 2nd Section, Cobb County at 2875 Spring Hill Parkway for Antonio
Dozier to become a part of Ward 1 with an effective date of December 1,2006. The motion was
seconded by Council Member Newcomb. Motion was approved 7 - O.
-
(D) Annexation Request (100% of owners requesting annexation) - .2043 acre tract - Land
Lot 632, Parcel 84, 1 ill District, 2nd Section, Cobb County - 2801 Madison Street - Steve
and Ana Pacholick
Mr. Wright stated the submitted legal description ofthe subject property has been reviewed by
the City Engineer and was found to be in order.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Scoggins made a motion to approve annexation ofa .2043 acre tract
in Land Lot 632, Parcel 84, 1 ill District, 2nd Section, Cobb County at 280 I Madison Street for
Steve and Ana Pacholick to become a part of Ward 3 with an effective date of December 1,2006.
The motion was seconded by Council Member Newcomb. Motion was approved 7 - O.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
(A) Appointment of Ward 4 representative to the Planning and Zoning Board
-
Council Member McNabb stated Mr. Frank Pologruto, residing at 1060 Medlin Street, has
expressed interest in serving on the PZB.
November 20, 2006
6
MOTION: Council Member McNabb made a motion to appoint Mr. Frank Pologruto as the
Ward 4 representative to the Planning and Zoning Board to complete the current term expiring at
the present year's end and for a new term to expire December 31, 2008, The motion was
seconded by Council Member Smith. Motion was approved 7 - 0,
-
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of November 6,2006 minutes
(B) Approval to purchase Mcci (MuniAgenda) Software, 10 laptop computers, server, and
required training, and authorize Mayor to sign and execute contract with MCCi.
After considering various vendor presentations and user references, the available
additional module capabilities for future growth, and price, the City Clerk and
Information System Manager recommend the purchase of software from MCCi, a
division of Municipal Code Corporation (MCC), with the MuniAgenda software,
MOTION: Council Member Wood made a motion to approve the consent agenda. The motion
was seconded by Council Member Newcomb. Motion was approved 7 - O.
COMMITTEE REPORTS:
Council Member Pritchett recognized Mr. Martin, and Mr. Martin provided details to those
present concerning the Public Works Department service schedule during the upcoming holiday.
-
Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present
concerning the Recycling Center schedule during the upcoming holiday. Ms. Kirk expressed
appreciation to the IBM volunteers for their recent beautification activities in the City. Ms. Kirk
provided details to those present concerning the recent tree program presented by Joe Burgess.
Council Member Pritchett wished everyone a Happy Thanksgiving.
Council Member Newcomb recognized Messrs. Martin and Hildebrandt, who had no report.
Council Member Newcomb wished everyone a Happy Thanksgiving.
Council Member Newcomb expressed condolences to the family of the late Ouida O'Shields.
Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott thanked the present officials for
approving acquisition of the MuniAgenda software, and provided details to those present
regarding the advantages which will be realized by staff and citizens alike as a result of utilizing
this technology. Ms. Hiott reminded everyone that traffic fines may now be paid online.
Council Member Scoggins thanked the staff members whose efforts helped make rezoning and
redevelopment ofthe Hawthorne Avenue property possible.
Council Member Scoggins wished everyone a Happy Thanksgiving.
Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those
present concerning various upcoming holiday activities in the City.
...
November 20, 2006
7
Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those
present concerning the upcoming City New Year's Eve celebration.
-
Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those
present concerning circulation and upcoming programs and events at the City Library. Council
Member McNabb stated he frequently hears favorable comments about the City's staff, and
thanked them for their efforts.
Council Member McNabb wished everyone a Happy Thanksgiving.
Council Member Smith recognized Mr. Corey, who provided details to those present concerning
positions for which the City is presently recruiting. Mr. Corey provided details to those present
regarding the employees' Thanksgiving dinner and open enrollment season for benefits. Council
Member Smith stated when he is opposed to a proposal, he is voting for the citizens rather than
against the city council.
Council Member Smith wished everyone a Happy Thanksgiving.
Council Member Lnenicka recognized Chief Lanyon, who had no report.
Council Member Lnenicka recognized Chief Hook, who provided details to those present
concerning recent City police operations and staffing levels.
-
Council Member Lnenicka thanked the County School Board for approving the TAD measure
proposed for Jonquil Plaza. Council Member Lnenicka stated this redevelopment has taken many
years to accomplish and will have a positive impact on the community. Council Member
Lnenicka stated the council will continue to work towards redevelopment of other areas of the
City.
Council Member Lnenicka stated Lieutenant General Russell Honore will be in town Wednesday
to speak to several civic organizations and visit the Veterans Memorial.
Council Member Lnenicka thanked the members of First United Methodist Church in Smyrna for
recently hosting a show titled Never Forget - A Patriotic Celebration.
Council Member Lnenicka wished everyone a Happy Thanksgiving.
Council Member Wood recognized Mr. Boyd, and Mr. Boyd stated the Government Finance
Officers Association recently presented a Distinguished Budget Presentation Award to the City of
Smyrna for the 2006 fiscal year budget. Mr. Boyd provided details to those present regarding the
criteria which must be met to qualify a local government for this award. Mr. Boyd commended
Greg Van Antwerp, Jennifer Bennett, Wayne Wright and the present officials for the efforts
which made receipt of this award possible. Council Member Wood thanked Mr. Boyd and Mr.
Van Antwerp for their efforts on behalf ofthe City.
Council Member Wood expressed appreciation to the members of the U. S. Armed Services for
protecting the freedom we all enjoy.
CITIZENS INPUT:
-
Mayor Bacon recognized Dr. Doug Hoffmann, residing at 222] Austin Lake Drive, and Dr.
Hoffmann stated he believes a walking signal is needed at the intersection of South Cobb Drive
and Cooper Lake Road. Dr. Hoffmann stated there have been instances when construction crews
November 20. 2006
8
in the vicinity of South Sherwood Road have not complied with City ordinances regarding hours
of construction. Dr. Hoffmann stated the builder for a project in the referenced area has failed to
conform with a zoning stipulation requiring installation of a double-sided fence.
Mayor Bacon recognized Ms. Mary Kirkendoll, residing at 194 Church Road, and Ms. Kirkendoll
expressed the view that Mr. Freeman is not building a development near her residence in
conformity with artist's renderings shown during the rezoning process. Ms. Kirkendoll stated she
is excited about plans for a charter school planned for the community, but expressed concerns
about potential traffic congestion which could be generated by the new school. Ms. Kirkendoll
suggested construction of a median near Hawthorne A venue.
Mayor Bacon wished everyone a Happy Thanksgiving. Mayor Bacon thanked Mr. Martin for
taking the initiative in various zoning matters while the City is searching for a new director for
the Community Development Department. Mayor Bacon stated he is gratified to see plans for
redevelopment in the Hawthorne A venue area.
ADJOURNMENT:
-
With no further business, the meeting was adjourned at 9:59 p.m.
A. MAX BACON, MAYOR
~(!Wd~~J~
/ . ELLi, V; - CHETT, W AID 1 RON NEWCOMB, WARD 2
f
,< ~~)/~r~M
BILL SC GGINS, W~ 3
{!~& ~
CHARLES PETE WOOD, WARD 7
-
-
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
-
Ordinance Number
Land Lot 881
Acres .9932
2006-22
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached
hereto have been notified of the City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on November 20,2006
after first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests ofthe property
owners ofthe area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
-
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
Novemb~?, ~:O~AlNED by the City Council Oft/~ r
A. Max Bacon, Mayor
CJ8ui!Wl fJ. y/;$y
gusan D. Hiott~ City Clerk
City of Smyrna
-
---'~-...
-
Ordinance #2006-22
Exhibit "A"
ALL THAT TRACT or parcel of land lying and being in Land lots 880 and 881 of the 17th District, 2nd
Section, Cobb County, Georgia records, being more particularly described as follows:
BEGINNING at an iron pin found on the northeasterly right-of-way of Springhill Parkway (a variable
right-oF-way) 190.00 feet northwesterly of the northwesterly right-oF-way oflnterstate 285 and thence
proceeding northwesterly along said northeasterly right-of-way of Springhill Parkway North 71 degrees 40
minutes 28 seconds West a distance of208.75 Feet to a point; thence leaving said right-of-way of Springhill
Parkway and proceeding North 19 degrees 03 minutes 51 seconds East a distance of208.75 feet to an iron
pin found; thence proceeding South 71 degrees 00 minutes 00 seconds East a distance of208.63 feet to an
iron pin found; thence proceeding South 19 degrees 02 minutes 08 seconds West a distance of206.29 Feet
to an iron pin found and the TRUE POINT OF BEGINNING, being improved property and containing 0.99
acres, more or less,
-
-
,
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
-
Ordinance Number
Land Lot 632
Acres .2043
2006-23
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent ofthe land described in Exhibit "A" attached
hereto have been notified of the City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on November 20, 2006
after first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests ofthe property
owners ofthe area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
-
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
BE IT ALSO ORDAINED that the Official Map ofthe City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council ofthe City of Smyrna, this
November, 2006
~
A. Max Bacon, Mayor
day of
S an D. Hiott, City Clerk
City of Smyrna
-
,;
.;L._.-----z
S~ott A. Cochran, 1
City of Smyrna
-----.----
Ordinance #2006-23
Exhibit "A"
-
All that certain property situated and being in Land Lot 632 ofthe 1 ih District and 2nd
Section of Cobb County, Georgia, being Parcel 84, and more particularly described as
follows:
BEGINNING at the intersection ofthe northern right-of-way of Spring Street with the
eastern right-of-way of Madison Street; thence northwesterly along said right-of-way of
Madison Street a distance of245 feet more or less to a point, said point being the POINT
OF BEGINNING; thence continuing northwesterly along the eastern right-of-way of
Madison Street a distance of 70 feet to a point; thence northeasterly a distance of 120 feet
to a point; thence easterly a distance of 190 feet to a point on the eastern lot line of Land
Lot 632; thence southwesterly a distance of 270 feet to the POINT OF BEGINNING.
-
-