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08-20-2007 August 20, 2007 Council Meeting August 20, 2007 - 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, 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, Planner Rusty Martin, Assistant City Administrator Eric Taylor, Assistant Fire Chief Sam Wehunt and representatives of the press. Invocation was given by Pastor Ted Holly from Vinings First Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: There were none. MAYOR'S REPORT: Mayor Bacon had no report. LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Public Hearing- (no vote to be taken) Rezoning Request Z07-0 14 - R-15 to RAD Conditional - Land Lot 634, 2451 North Mathews Street - 1.31 acre tract - Renaissance Associates, LLC ... Mr. Wright stated the applicant is requesting rezoning and annexation of the subject property in order to build eleven townhouses at a density of 8.4 units per acre. Mr. Wright stated a land use change from medium density residential to high density residential will be needed. Mr. Wright stated staff and the Planning and Zoning Board (PZB) recommend approval of this request. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Council Member Scoggins recognized Mr. Suddreth, and Mr. Suddreth provided additional details to those present concerning the request under consideration. Mr. Suddreth stated the present construction density at the subject location is .74 units per acre. Mr. Suddreth stated the subject tract is completely surrounded by properties in the corporate limits ofthe City. Mr. Suddreth stated this plan includes twelve guest parking spaces. Mr. Suddreth provided a summary of applicable standard conditions and special conditions for this rezoning request to those present. - Council Member Scoggins recognized Mr. Kevin Moore, an attorney representing the applicant Renaissance Associates, LLC (RA), and Mr. Moore stated the subject property is an unincorporated island for which annexation is appropriate. Mr. Moore provided a summary of zonings surrounding the subject property to those present. Mr. Moore stated the proposed townhouses will feature brick and stone exteriors and will have selling prices starting at around August 20. 2007 2 $279,000 per unit. Mr. Moore stated RA has agreed to improve North Mathews Street to the intersection of Roswell Street which he believes will favorably impact the overall appearance of the area and possibly promote additional redevelopment of a nearby apartment complex. Mr. Moore stated the applicant has made an effort to respond to plan changes recommended by the PZB. Mr. Moore stated RA agrees to accept all standard conditions and special conditions for this rezoning request recommended by staff and the PZB. Mr. Moore expressed the view that this request represents an opportunity to make certain that desirable development occurs on the subject tract which has somehow undergone no changes over the years. Council Member Newcomb thanked Mr. Moore and the principals ofRA for efforts to preserve a specimen tree on the subject property. At Council Member Newcomb's request, Mr. Suddreth provided details to those present concerning the need to remove trees with impacted critical root zones (CRZ). Council Member Scoggins asked if elevators will be available for the proposed structures, and Mr. Moore stated elevators could be made available as an upgrade. - Mayor Bacon recognized Mr. Bud McCullough, residing at 2518 North Mathews Street, and Mr. McCullough stated he is not opposed to the proposal under consideration. Mr. McCullough expressed the view that installation of a gate at the subject location would improve the appearance of the proposed construction. Mr. McCullough provided a photocopy of a page from a book on local history for examination by the present officials which contains information about American Civil War (ACW) period fortifications which may have once existed at or near the subject location. Mr. McCullough suggested local historical society members evaluate the subject location to determine possible historical significance. Mr. McCullough suggested construction of sidewalks in the subject area could be beneficial. Mr. McCullough stated ACW artillery projectiles have been found in the subject area. Council Member Scoggins asked Mr. Moore what measures will be taken regarding the historical preservation considerations mentioned, and Mr. Moore stated RA has agreed to consult with the Smyrna Historical Society (SHS) concerning possible historical significance of the subject property and that any artifacts found will be given to the City museum for exhibit. Mr. Moore stated the SHS may consider placement of signs if appropriate to mark locations believed to have historical significance. Council Member Lnenicka asked Mr. Moore if RA will be willing to stipulate to the historical preservation measures previously discussed and Mr. Moore answered in the affirmative. - (B) Annexation request (100% of owners requesting annexation) - 1.31 acre tract - Land Lot 634, Parcel 10, 17th District, 2nd Section - 2451 North Mathews Street - Melissa Levinson and Roxanne Levinson Mr. Wright stated the submitted legal description of the subject property has been reviewed by the City engineer and found to be in order. MOTION: Council Member Scoggins made a motion to approve the annexation request for a 1.31 acre tract in Land Lot 634, Parcell 0, 17th District, 2nd Section, Cobb County, Georgia at 2451 North Mathews Street for Melissa Levinson and Roxanne Levinson to become a part of Ward 3 of the City of Smyrna with an effective date of September 1,2007. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (C) Final Vote - 2451 North Mathews Street MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z07-014 from R-15 to RAD Conditional in Land Lot 634 at 2451 North Mathews Street for 1.31 acre tract - August 20, 2007 3 - for Renaissance Associates, LLC subject to all applicable standard conditions and special conditions as formulated by staff and agreed to by the applicant. (Clerk's note: Conditions applicable to this zoning request are appended hereto as Exhibit "A") The motion was seconded by Council Member Newcomb. Motion was approved 7 - o. (D) Public Hearing - Ordinance 2007-12 - Approval of text amendments to the City of Smyrna Tree Ordinance for the use of tree bank funds for maintenance and educational purposes Mr. Wright stated the City was recently awarded a Community Forestry Grant to conduct a tree inventory on trees within the right-of-way along major corridors within the city. Mr. Wright stated partial grant funding in the amount of $1 0,000 was awarded which requires matching funds from the City. Mr. Wright stated two text amendments to allow funds in the Smyrna Tree Bank to be used to match the tree grant are proposed. Mr. Wright stated staff recommends the proposed ordinance amendment. Council Member Newcomb expressed the view that expanding the use of tree bank funds for maintenance and education is desirable and appropriate. 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 2007-12 for text amendments to the City of Smyrna Tree Ordinance for the use of tree bank funds for maintenance and educational purposes as presented. The motion was seconded by Council Member Pritchett. Motion was approved 7 - o. - (E) Public Hearing - Ordinance 2007-13 - Text Amendment to Section 711 of the Zoning Ordinance to allow banks as a permitted use in the Neighborhood Shopping zoning district Mr. Wright stated the Community Development Department recently reviewed the list of permitted uses in the Neighborhood Shopping zoning category. Mr. Wright stated banks are missing from the list of permitted uses and are consistent with the remainder of the uses in that zoning district. Mr. Wright stated staff and PZB recommend approval of the proposed ordinance amendment. Council Member Newcomb stated the Neighborhood Shopping (NS) zoning district includes uses which are typically less intense than those found in conventional commercial zoning and that banks are clearly compatible with NS zoned areas. Mr. Suddreth stated banks are specifically mentioned for inclusion as opposed to "financial institutions" to eliminate uses in NS zoned districts with potentially longer business hours, more traffic and other aspects of higher intensity use. Council Member McNabb asked Mr. Cochran ifhe is also comfortable with the proposed change, and Mr. Cochran answered in the affirmative. 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 2007-13 for text amendments to Section 711 of the Zoning Ordinance to allow banks as a permitted use in the Neighborhood Shopping zoning district. The motion was seconded by Council Member Pritchett. Council Member Lnenicka asked Council Member Newcomb if it is correct that the definition of bank will not include check cashing establishments, and Council Member Newcomb August 20, 2007 4 answered in the affirmative. Motion was approved 7 - O. (F) Public Hearing- Zoning Amendment Request Z07-017 - Modification of Site Plan to Reduce Minimum Rear Setbacks and Minimum Building Separation - Land Lot 177 of the 18th District - 5.57 acre tract - 6168 Oakdale Road - Brayson Homes, LLC - Mr. Wright stated the applicant has requested a site plan amendment to reduce the minimum rear setback from 30' to 25' and to reduce the minimum building separation from 15' to 10.' Mr. Wright provided details to those present concerning the original site plan and subsequent reductions in the plan and in the size and scope of the project. Mr. Wright stated staff recommends approval of this site plan amendment request. Mayor Bacon recognized Mr. Kirk Gadebusch representing Brayson Homes, LLC (BH), and Mr. Gadebusch provided details to those present concerning the origins of the plan for the subject property and subsequent modifications. Mr. Gadebusch stated BH wanted to provide a housing product at the subject location available in a variety of sizes, and that the setback and building separation changes have been requested pursuant to this objective. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mr. Suddreth provided additional details to those present concerning this site plan amendment request. Mr. Suddreth stated the requested amendment will not affect the number of housing units to be built or the overall density of the project. Mr. Suddreth stated staff recommends approval of this request subject to a number of standard conditions and special conditions. Council Member Lnenicka asked Mr. Gadebusch if BH would be willing to agree to installation of fire sprinklers in the proposed structures as an additional precaution. Mr. Gadebusch stated addition of sprinklers could be prohibitively expensive. Council Member Lnenicka stated that without sprinklers the proposed structures would not be allowed to be constructed with side windows. At Council Member Lnenicka's request, Assistant Fire Chief Wehunt provided details to those present concerning relevant fire safety codes. Council Member Newcomb stated the question at this juncture is whether or not the city council wants to impose a zoning requirement which goes beyond established codes because of a personal belief that such measures are necessary for the safety of the future occupants. Council Member Newcomb stated he believes the established codes should be adhered to. - MOTION: Council Member Wood made a motion to approve Zoning Amendment Request Z07- 017 for modification of a site plan to reduce minimum rear setbacks and minimum building separation in Land Lot 177 of the 18th District for a 5.57 acre tract at 6168 Oakdale Road for Brayson Homes, LLC subject to all applicable standard conditions and special conditions as formulated by staff and agreed to by the applicant. (Clerk's note: Conditions applicable to this zoning request are appended hereto as Exhibit "B") The motion was seconded by Council Member Pritchett. Council Member McNabb stated he will support the motion and he is glad to see that the builder wants to offer a more diverse range of home types and sizes. Motion was approved 6 - 1 with Council Member Smith in opposition. PRIVILEGE LICENSE: (A) Public Hearing - Privilege license request - retail pouring for beer - Thompson Brothers Barbeque dba Thompson Brothers BBQ - 2445 Cobb Parkway - Carroll Thompson, agent applicant - August 20, 2007 5 - Mr. Wright stated inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. Mr. Wright stated the applicant has completed the responsible alcoholic beverage sales and service class as required by ordinance. Council Member Pritchett recognized Mr. Thompson, and at Council Member Pritchett's request, Mr. Thompson provided details to those present concerning the business he is involved with. At Council Member Pritchett's request, Mr. Thompson provided details to those present regarding measures which will be taken at Thompson Brothers BBQ to help ensure that alcoholic beverages are sold there only in a lawful manner. Mr. Thompson stated all persons attempting to purchase beer at Thompson Brothers BBQ will be required to present proper identification. Council Member Pritchett advised Mr. Thompson that local authorities will from time to time conduct undercover inquiries to gauge the compliance of local businesses licensed to sell alcoholic beverages with alcoholic beverage sales regulations. 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 a privilege license request for retail pouring for beer for Thompson Brothers Barbeque dba Thompson Brothers BBQ at 2445 Cobb Parkway for Carroll Thompson as agent. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. FORMAL BUSINESS: (A) Public Hearing - Approval of Resolution authorizing the adoption ofthe City of Smyrna 2005 - 2030 Comprehensive Plan ... Mr. Wright stated the Georgia Planning Act mandates that every jurisdiction in the State prepare and implement a comprehensive plan reviewed by the Department of Community Affairs (DCA). Mr. Wright provided further details to those present concerning the comprehensive plan process. Mr. Wright stated staff recommends approval ofthe Resolution authorizing the adoption of the City of Smyrna 2005 - 2030 Comprehensive Plan. Mr. Suddreth provided additional information to those present concerning the Comprehensive Plan. Mr. Suddreth stated some changes have been made to the Plan, some of which were based on input from DCA. Mr. Suddreth recognized Mr. Osman Ercin representing Robert and Company, a consulting firm engaged to assist the City with updating its Comprehensive Plan, and Mr. Suddreth expressed appreciation to Robert and Company for their assistance with this project. Council Member Newcomb stated the Comprehensive Plan will continue to evolve as circumstances dictate. Council Member McNabb stated it is important for land to be set aside for future public and institutional needs. Council Member McNabb cited Emory Adventist Hospital and local schools as examples of institutions in need of room for expansion. 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 Approval of Resolution authorizing the adoption ofthe City of Smyrna 2005 - 2030 Comprehensive Plan. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. ... August 20. 2007 6 (B) Request approval of contract proposed for quiet zone by CSX Transportation Inc. Mr. Wright stated this contract is for the development of two quiet crossings at Spring Street and Hawthorne Avenue. Mr. Wright stated the railway authorities estimate that this project will be complete within about nine months. - Council Member Scoggins stated the entire City council has been involved in bringing this proposal to a successful conclusion. Council Member Scoggins provided details to those present concerning the origins ofthis quiet zone proposal. Council Member Scoggins stated he believes this improvement will help bring about a better quality of life for many City residents. MOTION: Council Member Scoggins made a motion to approve of contract proposed for quiet zone by CSX Transportation Inc. The motion was seconded by Council Member McNabb. Council Member Smith stated he will abstain from voting on this measure because of his association with CSX Transportation Inc. Motion was approved 6 - 0 with Council Member Smith abstaining. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) (B) (C) (D) (E) (F) Approval of August 6, 2007 minutes Approval of agreement with Georgia Department of Transportation for 2007-08 LARP Projects (LAU07 - SO I 0-00 (392) Cobb County Approval of contract by Arcadis for full design of the Atlanta Road multi-use trail From Concord Road to Ridge Road and authorization for the Mayor to sign and execute all related contract documents FY 2007 Sanitation budget adjustment Approval of road closing, Argo Drive to Bates Street, for family gathering on September 8, 2007 from 9:00 a.m. to 9:00 p.m. Approval of use of council chambers for a meeting of the Village Green HOA on Wednesday, September 19,2007 from 7:00 p.m. until 9:00 p.m. - MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett 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 regarding upcoming KSB activities. Ms. Kirk commended the members of the Tree Board for their excellent work in writing the grant for obtaining funds for a tree survey. Council Member Newcomb recognized Mr. Suddreth, and Mr. Suddreth provided details to those present concerning City building statistics. Council Member Newcomb commended Mr. Suddreth for what he has accomplished since starting with the City. Council Member Newcomb stated Mr. Suddreth's utilization of technology has been especially helpful. - August 20, 2007 7 Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details to those present concerning recent court services activities. - Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning the upcoming Spice of Life and Pigskin Palooza events. Ms. Bennett stated some information concerning trees is now available on the City website. 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. Mr. Seigler thanked Applebee's, Jeff Jones with Harry Norman Realtors, Carvel Ice Cream, Planet Me, Chick-fil-A, Schlotzky's, Gifted Presents, Rev Coffee, Haagen Dazs Sketchy's Art Pad, Graphic Artists, Chris Schwab, Bella's Pizza, Scamp the Cat, Karen Lightsey, Ruth Hayden, Leah Kish and Lisa Tarr for their sponsorship of summer reading programs at the Library. Mr. Seigler stated over 600 hours of community service was provided by 19 volunteers at the Library. Council Member McNabb recognized Mr. Ciaccio, who provided details to those present concerning upcoming Parks and Recreation Department activities and events. 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 stated he was present at the 50th anniversary celebration of the musical gospel group called The Gospel Airs from Smyrna and provided details to those present about them. Council Member Lnenicka stated The Gospel Airs were presented with a Proclamation from Mayor Bacon in recognition f their many years of success and achievement. - Council Member Lnenicka expressed condolences to the family and friends ofMr. John Sprague who recently lost his battle with cancer, and provided details to those present concerning Mr. Sprague's background. Council Member Lnenicka stated Assistant Fire Chief Sam Wehunt has no report this evening. Council Member Lnenicka recognized Chief Hook, who provided details to those present concerning recent operations of the City police department. Council Member Wood recognized Mr. Boyd, and Mr. Boyd had no report. Ms. Hiott stated that qualifying for the upcoming City election will begin next week. CITIZENS INPUT: Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr. Martin provided details to those present concerning unfavorable conditions on properties under development in various parts of the City. Mr. Martin stated builders and developers should be held responsible for maintaining properties in good order. - Mayor Bacon recognized Mr. William Stafano, and Mr. Stafano provided details to those present regarding a recent medical emergency he experienced and his spouse's check cashing business. Mr. Stafano provided details to those present concerning his proposal for making housing available to police officers and firefighters at cost from builders. August 20, 2007 8 Mayor Bacon welcomed back audio-visual technician Mr. Jeff Brown. ADJOURNMENT: With no further business, the meeting was adjourned at 9:38 p.m. - A. MAX BACON, MAYOR OJ ~'X~ BIL~GGINS, W~ {lk~ uJ~ CHARLES PETE WOOD, WARD 7 q5~)o~ SUSAN D. HIOTT, CITY CLERK RON NEWCOMB, WARD 2 ~- - WADE S. LNENICKA, WARD 6 - August 20, 2007 9 Exhibit "A" - Rezoning Request Z07-014 - R-15 to RAD Conditional- Land Lot 634,2451 North Mathews Street - 1.3 1 acre tract - Renaissance Associates, LLC Standard Conditions (Requirements #2,8, 16 and 17 from Section 1201 of the Zoning Code are not applicable) 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. 2. There shall be protective covenants with a mandato,: homeowners association on all lots. These protective covenants shall be supplied to the City prior to the issuance of a building permit. 3. The developer shall provide at least 200 square feet of common space per unit. 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. The retention 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 ten percent reduction in a 2-year to 100-year storm event. The city engineer shall approve all plans. - 5. All utilities within the development shall be underground. 6. 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. 7. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of20 feet. 8. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 9. No debris may be buried on any lot or common area. 10. 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". 11. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. - August 20, 2007 10 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. There shall be a landscaped front entrance, with monument, indicating the name of the development. - 13. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. Special Conditions Board member Larry Jones recommended special stipulations 20, 21 and 22 at the July 9, 2007 Planning and Zoning Meeting. 14. The developer shall provide curb and gutter on the private road within the development. IS. The developer shall provide a 4' walkways in the green space provided in front of the townhomes. 16. The development's eastern, southern and northern property lines shall include a 10' landscape buffer. 17. The development shall maintain the following setbacks: Front (Mathews Street) - 50' Rear - 40' Side (Along Carrington Park Subdivision) - 35' Side (Along Megan's Pointe Apartment Complex) - 10' Building Rear to Building Rear - 40' 18. Each driveway shall have a min imum length of 22' . - 19. The proposed private drive shall have a minimum width of 22'. 20. The developer shall save the 31" oak tree on the subject parcel with methods that include root pruning and tree safe-fencing. 21. The developer shall provide street improvements along North Mathews Street all the way to Roswell Street per the requirements of the City Engineer. 22. The developer shall board up the existing structures within two weeks of closing on the subject parcel, as well as demo the structures within four weeks of closing on the subject parcel. 23. All specimen-sized trees with critical root zones impacted 20% or greater must be removed from site. 24. Developer agrees to cooperate with designated members of the Smyrna Historical Society in regard to historical matters at the subject location. - August 20, 2007 11 Exhibit "B" - Zoning Amendment Request Z07-017 - Modification of Site Plan to Reduce Minimum Rear Setbacks and Minimum Building Separation - Land Lot 177 of the 18th District - 5.57 acre tract 6168 Oakdale Road - Brayson Homes, LLC Standard Conditions (Requirement #2 from Section 1201 of the Zoning Code is not applicable) 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. 2. There shall be protective covenants with a mandatory homeowners association on all lots. These protective covenants shall be supplied to the City prior to the issuance of a building permit. 3. The 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. The detention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. 5. All utilities within the development shall be underground. 6. 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. 7. The developer shall install a deceleration lane at the entrance for the subdivision. The deceleration lane shall have a minimum length of 150' with a 50' taper. 8. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of20 feet. 9. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 10. No debris may be buried on any lot or common area. - August 20, 2007 12 11. 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". - 12. 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. 13. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 14. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 15. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. 16. A Level I Archeological Study shall be provided for the development. The developer shall verify to the City that any historical or archeological features (including civil war trench lines or evidence of encampments) identified in the study will be protected from development prior to the issuance of a permit for any land disturbance activities. If any significant archeological sites are found, the developer shall pay for a Level II Archeological Study and protect the sites during all development activities until remediation measures can be determined by the City. - Special Conditions 17. Developer shall install a 6' masonry wall, wrought iron fence, or a combination of both along Oakdale Road for the limits of the development. The frontage along Oakdale Road shall also incorporate a 20' wide landscape buffer with a maximum distance between trees of 45'. The developer shall be responsible for constructing an entry sign for the community. 18. The development shall maintain the following setbacks: Front -20' Rear - 25' Side - 5' Minimum Building Separation - 10' Driveway - A minimum of 22'. The developer will cooperate with the City in efforts to achieve this standard. 19. All specimen-sized trees with critical root zones impacted 20% or greater must be removed from site. - - Whereas: Whereas: Whereas: Whereas: Therefore: - - Resolution No. R2007 - 5 A Resolution by the Mayor and Council of the City of Smyrna, Georgia, Transmitting the City of Smyrna 2005-2030 Comprehensive Plan to the Atlanta Regional Commission and the Georgia Department of Community Affairs To retain its "Qualified Local Government Status" pursuant to the Georgia Planning Act of 1989, the City of Smyrna must remain in compliance with the requirements of the State of Georgia's Minimum Planning Standards and Procedures for Local Comprehensive Planning; and, The City of Smyrna has prepared the City of Smyrna 2005-2030 Comprehensive Plan as outlined in such Standards and Procedures; and, Appropriate notice has been provided and a Public Hearing was held on August 6, 2007 at Smyrna City Hall; and The City of Smyrna's 2005-2030 Comprehensive Plan requires adoption and transmittal to the Atlanta Regional Commission and the Georgia Department Community Affairs; Be it resolved that the Mayor and City Council of the City of Smyrna does hereby transmit the adoption of the City of Smyrna 2005-2030 Comprehensive Plan to the Atlanta Regional Commission and the Georgia Department of Community Affairs. IN WITNESS THEREOF, this Resolution has been duly adopted by the governing authority of the City of Smyrna, Georgia on the 20th day of August 2007. AlTESTg~D. 51~ Susan D. Hiott, City Clerk ORDINANCE No. 2007- 12 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 106, VEGETATION, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTIONS 106-29 AND 106-32 TO ALLOW FUNDS FROM THE TREE BANK TO BE USED FOR CERTAIN PURPOSES BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Sec. 106-29 Definitions and See, 106-32 (d) Alternative compliance to tree density requirements, City of Smyrna, Georgia, be amended to read as follows: Section 106-29 - Definitions: Tree Bank means an account, maintained by the finance department of the City of Smyrna, of funds contributed from developers as a form of alternative compliance to the Smyrna Tree Ordinance. Funds from the tree bank are to be used solely for maintenance, education, and for the purchase and planting of trees on public sites within the City as authorized by the community development director. Section 106-32. Alternative Compliance to Tree Density Requirements. - (d) Smyrna Tree Bank. As another method of alternative compliance, the city will accept donations to the Smyrna Tree Bank. These donations will be used for the sole purpose of maintenance, education and planting trees on public property within the city (See Section 106- 50). 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 Moyor ond Connd' lhi, 20th doy of A7~ r A. Max Bacon, Mayor Attest: ~n~iW/\4 )0 ~ Susan D. Hiott, City Clerk City of Smyrna - ORDINANCE No. 2007-13 .... AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, SECTION 711, NS, NEIGHBORHOOD SHOPPING DISTRICT, SUBSECTION 711 (3), CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION TO INCLUDE BANKS AS AN APPROVED USE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning, Subsection 711 (3), City of Smyrna, Georgia, be amended to read as follows: (711.3) Banks. 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 tbis 20tb d/~ A. Max Bacon, Mayor Attest: c)~)o.~ Susan D. Hiott, City Clerk City of Smyrna Approved as to form: l~ Scott A. Cochran, City Attorney - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 634 Acres 1.3 1 2007-8 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, ofthe 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 August 20, 2007 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 of the property owners of the area to be annexed and ofthe citizens ofthe 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. day of A. Max Bacon, Mayor ~!j).'7~ Su n D. Hiott, City Clerk City of Smyrna - Sc A. Cochran, City Attorney City of Smyrna Ordinance 2007-8 - Exhibit "A" - All that tract or parcel of land lying and 634, 17th District, 2nd Section, Cobb County, more particularly described as follows: being in Georgia, Land Lot and being To find the true point of beginning commence at the intersection of the northeasterly right-of-way of Smyrna-Roswell Road (having a 60 foot right-of-way) and the easterly right-of-way of North Mathews Street (having a variable right-of-way) ; thence proceeding in a northerly direction along the easterly right-of- way of North Mathews Street a distance of 582.79 feet to a point located on the easterly side of North Mathews Street, being the TRUE POINT OF BEGINNING; thence running south 830 17' 14" west for a distance of 23.06 feet to a point and corner; thence running north 010 11' 36" east for a distance of 198.62 feet to a point and corner; thence running south 880 24' 25/f east for a distance of 324.48 feet to a point and corner; thence running south 000 26' 21" west for a distance of 151.04 feet to a point and corner; thence running south 830 17' 14" west for a distance of 306.54 feet to a point and corner, being the POINT OF BEGINNING. Said tract contains 1.31 acres, more or less. - -