06-18-2007 June 18, 2007 Council Meeting
June 18,2007
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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 Clerk Susan Hiott, City Attorney Scott
Cochran, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael
Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk,
Human Resources Director Chris Corey, Community Relations Director Jennifer Bennett,
Finance Director David Boyd, Community Development Director Ken Suddreth, Assistant City
Administrator Eric Taylor, Planner Rusty Martin, Budget Analyst Greg van Antwerp, Assistant
Fire Chief Sam Wehunt and representatives of the press.
Invocation was given by Reverend Joey Hatchell from Faith United Methodist Church, followed
by the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon stated agenda items 4 C (Public Hearing- Variance Request V07-017 - Reduction
of the setback requirement for driveways in the R-15 Zoning District from five-feet to zero-feet-
3248 King Springs Road) and 5 A (Public Hearing- Privilege license request - retail pouring
{beer and wine} - New application for Ameribistro, Inc., d/b/a Ameribistro - 3315-C South Cobb
Drive - Woo Chin Kim, applicant) will be tabled until the July 2,2007 council meeting.
*MOTION: Council Member Scoggins made a motion to suspend the rules to add an item to the
agenda. Motion was approved 7 - O.
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*MOTION: Council Member Wood made a motion to add item 8 F (Approval of Development
Agreement between the City of Smyrna and Jonquil Town Center, LLC) to the consent agenda.
The motion was seconded by Council Member Newcomb. Motion was approved 7 - O.
MAYOR'S REPORT:
(A) Keep Smyrna Beautiful - Image Enhancement Award
Ms. Kirk and Mr. Joe Lucas recognized Mr. Mohammad Ashraf Lone, owner of A & R
International Electronics, and presented him with the Image Enhancement Award in recognition
ofthe improvements he has made to his business premises. Mr. Lucas provided details to those
present concerning the extent of Mr. Lone's efforts to improve the appearance ofthe subject
property. Ms. Kirk thanked Mr. Lone for his hard work and investment in the community.
LAND ISSUES/ZONINGS/ANNEXATIONS:
(A) Public Hearing - Amendment to the Sign Ordinance regarding non-conforming
signs, Section 82-10
Mr. Taylor stated the City revised Section 82-10, Non-conforming signs on April 16, 2007. Mr.
Taylor stated staff has identified an area of potential misinterpretation in the revised ordinance as
it pertains to non-conforming signs. Mr. Taylor stated staff recommends approval of the proposed
text amendment.
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June 18, 2007
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Council Member Newcomb provided details to those present concerning plans to try to encourage
the use of monument signs in the City and policies regarding pole signs which have in effect
become a non-conforming use. Mr. Suddreth used a graphic representation to aid in the
explanation of the proposed ordinance change.
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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 Ordinance #2007-6 to amend
Sec. 82-10 Non-conforming signs of the City Code of Ordinances by revising Subsection (2) and
addition of Subsection (5). The motion was seconded by Council Member Pritchett. Motion was
approved 7 - O.
(B) Public Hearing - Approval of temporary building permit - 1264 Concord Road, 1286
Concord Road and 1298 Concord Road - Highland Commercial Bank
Mr. Taylor stated Highland Commercial Bank has purchased three lots on the south side of
Concord Road at the intersection of Concord Road and King Street. Mr. Taylor stated the subject
property consists of three tracts known as 1264, 1286 and 1298 Concord Road. Mr. Taylor stated
Highland Commercial Bank is proposing to build a new bank on the subject parcel, but in the
meantime they are requesting allowance of temporary operation of the bank out of a modular
building during the construction of the permanent facility. Mr. Taylor stated staff recommends
approval of this request.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Lnenicka stated he is a shareholder in Highland Commercial Services, Inc., and
therefore he will abstain from discussion and voting in this matter.
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Mr. Suddreth stated the subject tract comprises slightly more than one acre and is presently
occupied by a single-family structure. Mr. Suddreth started the subject tract has a mixed zoning
and at some point rezoning to a uniform classification will be needed. Mr. Suddreth provided
additional details to those present concerning Highland Commercial Bank's plans for the subject
property. Mr. Suddreth stated staff recommends approval of the request subject to certain
conditions.
Council Member McNabb recognized Mr. Powell, and Mr. Powell provided additional details to
those present concerning Highland Commercial Bank's plans for the subject property. Mr.
Powell stated the conditions of approval of the request are acceptable. Council Member McNabb
asked Mr. Powell if it is correct that he is president and CEO of Highland Commercial Bank, and
Mr. Powell answered in the affirmative.
MOTION: Council Member McNabb made a motion to approve a temporary building permit for
1264 Concord Road, 1286 Concord Road and 1298 Concord Road for Highland Commercial
Bank subject to the following stipulations:
1. The applicant shall seek a rezoning of the subject property prior to the issuance building
permit.
2.
The applicant shall not create an access drive at the intersection of Concord Road and
King Street.
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June 18, 2007
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3. The applicant shall pave all parking surfaces on site.
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The motion was seconded by Council Member Pritchett. Motion was approved 6 - 0, with
Council Member Lnenicka abstaining.
(C) Public Hearing- Variance Request V07-017 - Reduction of the setback requirement for
driveways in the R-15 Zoning District from five-feet to zero-feet - 3248 King Springs
Road
Mayor Bacon asked ifthere is anyone present in connection with this matter, and there was no
response.
MOTION: Council Member McNabb made a motion to table Variance Request V07-017 for
reduction ofthe setback requirement for driveways in the R-15 Zoning District from five feet to
zero feet at 3248 King Springs Road until the July 2,2007 council meeting. The motion was
seconded by Council Member Scoggins. Motion to table the measure was approved 7 - O.
(D) Public Hearing - Amendment to the Zoning Ordinance regarding building heights,
Section 402.10
Mr. Taylor stated Smyrna has two standards to calculate building height. Mr. Taylor stated the
first standard is drawn from Section 402.10 ofthe Zoning Code and, alternatively, the 2000
International Residential Code. Mr. Taylor stated the proposed amendment will integrate both
definitions for better implementation and enforcement of the zoning ordinance. Mr. Taylor stated
staff recommends approval of this ordinance amendment.
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Council Member Newcomb recognized Mr. Suddreth who provided additional details to those
present concerning the proposed ordinance amendment.
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 Ordinance #2007-7 to amend
Appendix A, Zoning, Subsection (402.10) Defined words- Building, height oj as recommended
by staff and discussed. The motion was seconded by Council Member Pritchett. Motion was
approved 7 - o.
(E) Public Hearing- Rezoning Request Z07-0 13 -R-15 to RAD-Conditional - 0.093 acre
tract - 1089 Bank Street, 1103 Bank Street and 1127 Bank Street - Pritchard Properties,
LLC
Mr. Taylor stated the applicant has purchased the property that adjoins a previously rezoned
property. Mr. Taylor stated the applicant is requesting to keep the recently purchased property
zoned R-15 and to replat the property to deed additional land to the previously approved
development to the west. Mr. Taylor stated that for this to occur, the applicant must rezone the
4,034 sf. of property that will be deeded to the previously approved lots from Rezoning Case
Z06-0 12. Mr. Taylor stated that after the developer has replatted the property and deeded over the
4,034 to the five lots, the developer will need five variances to build his home at 1127 Bank
Street.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
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June 18, 2007
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Mr. Suddreth provided additional details to those present concerning the applicant's plans for the
subject property. Mr. Suddreth stated staff recommends approval of the request subject to certain
conditions.
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MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z07-013
From R-15 to RAD-Conditional for a 0.093 acre tract at 1089 Bank Street, 1103 Bank Street and
1127 Bank Street for Pritchard Properties, LLC subject to applicable standard conditions, special
conditions and variances discussed and agreed upon as follows:
Standard Conditions
(Requirements #2, 4,8,9, and 17 from Section 1201 of the Zoning Code are not applicable)
I. 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 2-year to 100-year storm event.
The City Engineer shall approve all plans.
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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 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 with the
exception of the City's recompense requirements. Because the developer will be
saving twelve specimen trees, no other specimen recompense shall be required. All
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June 18,2007
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applicable required tree protection measures shall be adhered to by the developer
during construction and the developer will agree to work around as many of the
existing Bank Street specimen trees as possible.
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10. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances.
1]. 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 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
13. The development shall maintain the following setbacks:
Front - 30' (measured from existing right of way)
Side - Zero with 15' between buildings
Rear - 30'
14. Driveway - 22' minimum length from building face to edge of sidewalk. Each unit
shall have a two-car garage.
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15. The right-of-way along Bank Street shall be increased to 50 feet to match other
residential road right-of-ways. Therefore a dedication of 5 feet is required.
The site plan previously approved in Zoning case Z06-0 12 shall be amended to include the
4,034.7 s.f.
The following variances are approved for the subject property-
(a) A reduction in the minimum lot width from 85' to 79'
(b) A reduction ofthe front setback requirement from 35' to 30'
(c) A reduction of the side setback requirement for an accessory structure from 10' to l'
(d) An increase in the maximum allowable impervious surface area from 35% to 50%
The motion was seconded by Council Member Newcomb. Council Member Smith stated he will
not support the motion because it includes a zero lot line. Council Member Smith commented
favorably about the applicant. Motion was approved 6 - 1, with Council Member Smith in
opposition.
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June 18, 2007
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PRIVILEGE LICENSE:
(A)
Public Hearing- Privilege license request - retail pouring (beer and wine) - New
application for Ameribistro, Inc., d/b/a Ameribistro - 3315-C South Cobb Drive - Woo
Chin Kim, applicant
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MOTION: Council Member McNabb made a motion to table the privilege license request for
retail pouring of beer and wine for Ameribistro, Inc., d/b/a Ameribistro at 3315-C South Cobb
Drive for Woo Chin Kim, applicant until the July 2, 2007 council meeting. The motion was
seconded by Council Member Wood. Motion to table the measure was approved 7 - O.
FORMAL BUSINESS:
(A) Public Hearing- Proposed Fiscal Year 2008 Budget
Mr. Taylor stated the budget as proposed is in the amount of$91,745,756.
Mr. Boyd thanked the City's staff and officials for their efforts in formulating this budget. Mr.
Boyd stated it is a balanced budget, and provided details to those present concerning its
composition. Mr. Boyd stated the FY 2008 City budget calls for no property tax increase.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
(B) Approval of adoption of Fiscal Year 2008 Budget
MOTION: Council Member Wood made a motion to approve the Fiscal Year 2008 City budget
in the amount of $91,745,756 to go into effect on July 1,2007. The motion was seconded by
Council Member Lnenicka. Council Member Newcomb pointed out that the Fiscal Year 2008
City budget includes no property tax increase and takes into account the homestead exemption.
Council Member Lnenicka thanked the City's management staff for their efforts in the
formulation of this budget. Council Member Lnenicka started he believes the budget focus on
public safety is appropriate. Motion was approved 7 - O.
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COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of June 4,2007 minutes
(B) Approval of bid award RFP 7-022 for Internal Control Review to Sawyer & Company
(C) Approval of bid award for RFP #7-031 Security Cameras for the Public Works Complex
to lowest bidder D. H. Pace Systems, Option B for $15,966 and authorize Mayor to sign
and execute contract
(D)
Approval of bid award RFP # 7-032 for Electronic Access Gate for the Public Works
Complex to the lowest bidder D.H. Pace Systems for $21,921.00 and to authorize the
Mayor to sign and execute contract
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June 18. 2007
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(E) Approval of use of council chambers for a meeting ofthe Smyrna Heights HOA on
Tuesday, July 17 from 6:30 p.m. until 9:00 p.m.
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*(F) Approval of Development Agreement between the City of Smyrna and Jonquil Town
Center, LLC
MOTION: Council Member Wood made a motion to approve the consent agenda. The
motion was seconded by Council Member Lnenicka. Motion was approved 7 - O.
COMMITTEE REPORTS:
Council Member Wood recognized Ms. Linda Key for her assignment to King Spring Elementary
School as principal.
Council Member Lnenicka congratulated the residents of Forest Hills for the home tour they
conducted on June 9. Council Member Lnenicka commended the residents for the efforts they
make to beautify their neighborhood.
Council Member Lnenicka stated Mr. Lester Weathers recently passed away and expressed his
condolences to Mr. Weathers' family.
Council Member Lnenicka stated Ranger Leonard Kirk recently passed away. Council Member
Lnenicka provided details to those present concerning Ranger Kirk's military service during
World War II.
Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present
concerning positions for which the City is presently recruiting.
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Council Member Smith stated there will be a meeting ofthe Cheney Woods HOA in the Council
Chambers on Thursday night.
Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided details to those
present concerning recent use statistics as well as current and upcoming programs and events for
the City Library.
Council Member McNabb recognized Ms. Bennett, and Ms. Bennett stated an educational video
on the subject of tax allocation districts will be broadcast on Channel 9. Council Member
McNabb started the referenced video presentation is well done and encouraged residents to watch
it.
Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those
present concerning upcoming Parks and Recreation Department activities and projects.
Council Member McNabb commented favorably about the recent Forest Hills home tour.
Council Member McNabb reminded everyone to be cautious of dry conditions on the upcoming
July 4th holiday. Council Member McNabb stated the new American Legion Post 160 building
will be dedicated with a groundbreaking ceremony on July 4th and encouraged everyone to attend
th is event.
Council Member McNabb advised everyone to be mindful of outdoor water use restrictions
presently in force.
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June 18. 2007
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Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details to those present
concerning recent court services operations and sound system upgrades in the council chambers.
Council Member Newcomb recognized Mr. Suddreth, and Mr. Suddreth provided details to those
present concerning City building statistics.
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Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those
present concerning recent Public Works Department projects.
Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present
concerning upcoming KSB activities. Ms. Kirk thanked everyone for their thoughtfulness during
the recent loss of her father-in-law.
Mayor Bacon stated that Mr. and Mrs. Lipsett, owners of The Brightside news publication, were
recently named as businesspersons of the year by the Smyrna Business Association. Mayor
Bacon commended Mr. and Mrs. Lipsett for earning this recognition.
CITIZENS INPUT:
Mayor Bacon recognized Mr. William Stafano, residing at 1606 Walker Street, and Mr. Stafano
asked the present officials about requirements for builders and developers to maintain clean and
orderly conditions at worksites. Mr. Suddreth stated he is familiar with the matter Mr. Stafano is
inquiring about and stated it will be investigated. Mr. Stafano made comments to the present
officials about motorists who drive too fast and do not stop at certain intersections. Mr. Stafano
stated Mr. AI Cochran will undergo surgery next week and wished him well.
Mayor Bacon recognized Marietta Daily Journal reporter Ashley Hungerford and welcomed her
to the meeting.
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ADJOURNMENT:
With no further business, the meeting was adjourned at 9:08 p.m.
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June] 8.2007
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A. MAX BACON, MAYOR
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SUSA D. HIOTT, CITY CLERK
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RON NEWCOMB, WARD 2
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BILL SCOGGINS, WA
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CHARLES PETE WOOD, WARD 7
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ORDINANCE No. 2007- 6
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AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 82, SIGNS, SECTION 82-10, CITY
OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SUBSECTION (2) AND
ADDITION OF SUBSECTION (5) TO SAID SECTION:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,
GEORGIA:
That Sec. 82-10, Nonconforming signs, Subsection (2), City of Smyrna, Georgia,
be amended and Subsection (5) be added to read as follows:
"(2) No repairs or alterations totaling more than 25 percent of the reconstruction cost of
the entire sign shall be allowed except to make the sign comply with the requirements of
this article or unless the repairs or alterations result in a 30% or more reduction in the
current height of the sign and a 30% or more reduction in the current square footage of
the sign face. Notwithstanding the provisions of this ordinance, damage to the sign
which was caused by an act of God or other matter beyond the control of the owner may
be repaired provided that the repairs are completed within 60 days of the damage to the
sign."
"(5) This section shall only apply to commercial entities where neither a change in
ownership or discontinuance of operation of the commercial entity on the lot on which
the commercial sign is located. In cases where a change in ownership or discontinuance
of operation of the commercial entity on the lot on which the commercial sign is located
has occurred, nonconforming signs shall be brought into compliance as prescribed in
Sec. 82-9, Removal of Signs."
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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 Connen this 18tb day of In/ ~ ~
A. Max Bacon, Mayor
Attest:
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)
rney
ORDINANCE No. 2007-7
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AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, SECTION
402, DEFINED WORDS AND TERMS, SUBSECTION (402.10) BUILDING,
HEIGHT OF CITY OF SMYRNA, GEORGIA, BE AMENDED BY
REVISING SAID SECTION. BE IT ORDAINED BY THE MAYOR AND
COUNCIL OF THE CITY OF SMYRNA, GEORGIA:
That Appendix A, Zoning, Subsection (402.10) Defined words and
terms, City of Smyrna, Georgia, be amended to read as follows:
(402.10) Building, height of The vertical distance measured from the grade to the
highest point of the coping of a flat roof; to the deck lines of a mansard roof; or to the
average height between the eaves and ridge of a gable, hip or gambrel roof. "Grade" is
defined as the average elevation ofthe ground on all sides of a building.
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.
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Approved by Mayor and Conneil tbis 18tb day /~
A. Max Bacon, Mayor
Attest:
~tJO '/~
Susan D. Hiott, City Clerk
City of Smyrna
^17ITll
Scott A. Cochran, City Attorney
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