Loading...
01-22-2008 January 22, 2008 u January 22, 2008 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, Community Relations Director Jennifer Bennett, Finance Director David Boyd, Community Development Director Ken Suddreth, Assistant City Administrator Eric Taylor, Assistant Fire Chief Sam Wehunt, Planner Rusty Martin, Economic Development Manager Alan Durham, Economic Development Coordinator Andrea Hall, Human Resources Director Chris Corey and representatives of the press. Invocation was given by Reverend Jamie Auton from King Springs Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item 4 C {Rezoning Request Z07-021 from R-15, RAD and GC (Smyrna) and R-20 and LRO (Cobb County) to GC for a 6.87 acre tract on South Cobb Drive near Oakdale Road for New South Properties, LLC} will be tabled until the February 4, 2008 meeting along with the annexations associated with this application. ~ Mayor Bacon stated agenda item 4 A {Public Hearing- Variance Request V07-061 - Front setback reduction - 2781 Stone Creek Road} will be tabled indefinitely. MAYOR'S REPORT: Mayor Bacon recognized faculty members and students from Green Acres Elementary School, and the students presented this month's character education program to those in attendance. Mayor Bacon complimented the students on their presentation and thanked them for coming. Mayor Bacon stated item 6 0 under formal business, Approval of Resolution for Belmont Hills tax allocation district (TAD) application plan, will instead be heard at this time. Mayor Bacon stated this is a revised version of a plan that was previously formulated. Mr. Wright stated the developers have revised their project application to conform to Cobb County's updated guidelines for TAOs. Mayor Bacon recognized Mr. Jack Halpern and Mr. Steve West, representing Halpern Enterprises, and Mr. Halpern provided details to those present concerning Belmont Hills shopping center and the proposed TAD and redevelopment plan for that property. Mr. Halpern stated TAD funding would make this proposal possible. Mr. Halpern stated the City and other local governments would have no liability for repayment of the bonds and that these obligations would only be repaid by increased property taxes which would be generated by redeveloping the property. Mr. Halpern summarized the benefits which could potentially be realized by the local community as a result of the redevelopment proposal under present consideration. ~ Mayor Bacon recognized Economic Development Manager Alan Durham, and Mr. Durham provided a summary of the TAD process for the subject property to those present. Mr. Durham summarized the changes which have been made to the plan and provided additional information. January 22.2008 2 Council Member Wood read Resolution R2008-02 to those present. MOTION: Council Member Wood made a motion to approve a Resolution for Belmont Hills tax allocation district (TAD) application plan. The motion was seconded by Council Member Lnenicka. Council Member Lnenicka commented favorably about this TAD proposal and the positive impact it will have on the community. Council Member Lnenicka stated many Smyrna citizens are in support of this proposal. Council Member Lnenicka commended Mr. Halpern and his associates for the patience and diligence they have demonstrated through their work on this plan. Council Member Lnenicka stated this plan can have a positive transforming effect on the northern part of the City. Council Member Lnenicka thanked Mr. Halpern for having the perspicacity to create a plan with so many favorable attributes. Council Member Lnenicka thanked the City's staff for their efforts in connection with this plan. Council Member Lnenicka stated this proposal represents a unique opportunity to enhance the community, and that he cannot over-state the extent of his support for this plan. Council Member McNabb stated this plan can have a positive transforming effect on the northern part of the City and can create an impetus for quality development. Council Member McNabb stated the Belmont Hills redevelopment is expected to have a favorable impact on property values in the surrounding areas. Council Member McNabb stated he supports this proposal and commended the associates of Halpern Enterprises for their patience and diligence. Council Member Anulewicz stated she is proud this project is in Ward 3 and that it is in the heart of Smyrna. Council Member Anulewicz stated she has found strong support among the citizens for this proposal. Council Member Pritchett stated this proposal is a vote of confidence as measured by voter response to the TAD referendum. Council Member Pritchett stated she has found strong citizen support for this project and thanked everyone associated with the development of this plan. Motion was approved 7 - O. u Mayor Bacon stated agenda item 4 H {Rezoning Request Z07-026 - R-15 to LI - 1133,2269, 2275 and 2291 Park Drive} will be tabled. ~ LAND ISSUES/ZONINGS/ ANNEXA nONS: (A) Public Hearing- Variance Request V07-061 - Front setback reduction - 2781 Stone Creek Road MOTION: Council Member Smith made a motion to table Variance Request V07-061 for front setback reduction at 2781 Stone Creek Road indefinitely. The motion was seconded by Council Member McNabb. Motion to table was approved 7 - O. (B) Public Hearing- Rezoning Request Z07-024 - Land Lot 776, 2365 Spring Road - 1.49 acre tract - 1995 Partners, LLC Mr. Wright stated the applicant has requested rezoning of the subject tract from Office and Institutional to Limited Commercial-Conditional to build a hair styling salon. Mr. Wright stated the subject property is presently occupied by a chiropractor's office situated in an older residential structure. Mr. Wright stated both the Planning and Zoning Board (PZB) and staff 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 by Mr. Cochran. Council Member Pritchett recognized Mr. Suddreth, and Mr. Suddreth provided details of the staff analysis of this rezoning request to those present. Mr. Suddreth summarized the conditions u January 22.2008 3 u of the rezoning request for those present. Mayor Bacon recognized Mr. Garvis Sams, an attorney representing the applicant, and Mr. Scott Wright, representing 1995 Partners, LLC. Mr. Sams provided additional details to those present concerning the subject property and this rezoning request. Mr. Sams stated the rezoning request under present consideration will entail no land use change. Mr. Sams stated the applicant is agreeable to all standard and special conditions as formulated by City staff in connection with this rezoning request. Council Member Newcomb made reference to an arborist's letter in which it was stated that placement of the detention structure could pose some landscaping problems and asked Mr. Sams to comment on this. Mr. Sams stated the stormwater detention structure can be p laced underground if necessary. u Mayor Bacon recognized Mr. Star Smith (phonetic), residing at 2803 Carolyn Drive, and Mr. Smith provided details to those present concerning water drainage infrastructure in the vicinity of his residence. Mr. Smith stated he believes installation of a pipe on his property will be necessary in connection with the proposal under consideration. Mr. Smith stated he is opposed to the hours of operation as proposed. Mr. Smith expressed concerns about the possibility of the proposed business failing and the structure being subsequently used for a commercial purpose he considers undesirable. Mr. Smith commented favorably on some of the changes which have been made to the plan, and stated the ditch on his property would have to be connected to the new drainage structure on the subject property. Mr. Smith reiterated his concerns about the proposed hours of operation. Council Member Pritchett advised Mr. Smith she has discussed the matter of the drainage structure with Mr. Stokes and he has indicated this will be attended to. Mr. Smith asked that some trees near the drainage structure on his property be inspected by the City arborist for possible protective measures. Council Member Pritchett stated the City arborist has inspected the subject property and determined there are no specimen trees there. Mr. Smith provided further details to those present concerning water drainage infrastructure in the vicinity of his residence. Council Member Pritchett stated the stipulations of this rezoning application include a condition requiring storm water management measures determined as necessary by the city engineer to be installed by the builder. Mayor Bacon stated that if pipe is installed in the referenced area significant disturbance to nearby trees is likely to occur. Mayor Bacon recognized Ms. Marcia Curtis, residing at 2686 Farmstead Road, and Ms. Curtis stated the residents of her community have expressed concerns about the hours of operation as proposed. Ms. Curtis stated the residents of her community would like to see fence installed along Farmstead Road. Ms. Curtis stated the residents of her community were gratified to learn that the applicant is favorably disposed towards the idea of installing a storm drain in the area. Ms. Curtis stated the residents of her community would like to know how the topography of the subject tract may be altered by the planned construction. Mr. Sams stated the site will be level with Spring Road. Ms. Curtis stated the residents of her community have expressed the view that the late hours of operation as proposed are not suitable for a business in close proximity to residential property. Mayor Bacon recognized Ms. Elizabeth Reichenburg (phonetic), residing at 2815 Carolyn Drive, and Ms. Reichenburg asked what type of signs will be used for the proposed business. Mr. Sams stated ground-based monument signs will be in use at the subject location. u At Council Member Pritchett's request, Mr. Suddreth provided details to those present concerning fences planned for the subject location. Mr. Suddreth stated he does not recommend installation of a fence on Farmstead Road. January 22. 2008 4 MOTION: Council Member Pritchett made a motion to approve Rezoning Request Z07-024 from Office and Institutional to Limited Commercial-Conditional for Land Lot 776, 2365 Spring Road for a 1.49 acre tract for 1995 Partners, LLC subject to all standard conditions and special conditions as formulated by staff as well as conditions set forth in the letters from Sams, Larkin & Huff dated December 10,2007 and November 7,2007 (Clerk's Note: zoning conditions and referenced letters are appended hereto as exhibits "A," "B" and "c" respectively). The motion was seconded by Council Member McNabb. Motion was approved 7 - O. ~ (C) Public Hearing - Rezoning Request Z07-021 - R-15, RAD and GC (Smyrna) and R-20 and LRO (Cobb County) to GC - 6.87 acre tract - South Cobb Drive near Oakdale Road - New South Properties, LLC Mayor Bacon asked if there is anyone present in connection with this rezoning request, and there was no response. MOTION: Council Member Wood made a motion to table Rezoning Request Z07-021 from R-15, RAD and GC (Smyrna) and R-20 and LRO (Cobb County) to GC for a 6.87 acre tract on South Cobb Drive near Oakdale Road for New South Properties, LLC; annexation request for a 2.36 acre tract in Land Lot 751, Parcel 3, 17th District, 2nd Section, 4941 South Cobb Drive for Tabas, LLP; annexation request for a .50 acre tract in Land Lot 752, Parcel 34, 17th District, 2nd Section, 4970 Oakdale Road for James Freeman; and annexation request for a .50 acre tract in Land Lot 752, Parcel 35, 17th District, 2nd Section, 4980 Oakdale Road for James Freeman until the February 4, 2008 meeting. The motion was seconded by Council Member Smith. Motion to table the measures was approved 7 - O. (D) Public Hearing - Rezoning Request Z07-026 - R-15 to LI - 1133,2269,2275 and 2291 Park Drive and 2285 Hillside Drive - Spring Street Investments, LLC u MOTION: Council Member Anulewicz made a motion to table Rezoning Request Z07-026 from R-15 to LI for 1133,2269,2275 and 2291 Park Drive and 2285 Hillside Drive for Spring Street Investments, LLC until the February 18, 2008 meeting. The motion was seconded by Council Member McNabb. Motion to table the measure was approved 7 - O. (E) Validation of Annexation Application - 1.18 acre tract - Land Lot 491, Parcel 6, 17th District, 2nd Section - 2285 Hillside Drive and 2291 Park Drive - Spring Street Investments, LLC Mr. Wright stated staff has reviewed the submitted legal description for the subject property and found it to be in order. Mr. Wright stated staff recommends validation of the annexation application and advertisement of a public hearing for consideration of final approval on February 18,2008. (Clerk's Note: Legal description of subject property is appended hereto as exhibit "D") Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Anulewicz made a motion to approve validation of the annexation application for a 1.18 acre tract in Land Lot 491, Parcel 6, 17th District, 2nd Section at 2285 Hillside Drive and 2291 Park Drive for Spring Street Investments, LLC and advertisement for a public hearing for consideration of final approval on February 18, 2008. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. ~ January 22. 2008 5 u (F) Public Hearing- Rezoning Request Z07-028 - RAD Conditional to 01 - 3.35 acre tract- King Springs Road and South Cobb Drive - Integrity Development Group, Inc. Mr. Wright stated the applicant has requested rezoning of the subject property in order to build a four-story medical office building. Mr. Wright stated the property was previously rezoned for construction on twenty townhouses but market conditions subsequently militated against realization of the original plan. Mr. Wright stated both the PZB and staff recommend 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. Mr. Suddreth provided details of the staff analysis of this rezoning request to those present. Mr. Suddreth stated the property is currently vacant and the proposed rezoning will entail no change ofland use category. Mr. Suddreth summarized the conditions of the rezoning request for those present. Council Member Lnenicka asked how anticipated changes in building elevations at the subject location will be reviewed and approved. Mr. Suddreth stated no final plan is in place concerning some design elements including windows and exterior finish materials, but the final appearance of the new structure will not be dissimilar to that shown in the conceptual illustrations furnished by the applicant. Mr. Suddreth stated the conditions of the rezoning will allow staff to address design changes of a limited nature. u Council Member Lnenicka recognized Mr. Michael Landers, representing Integrity Development Group, Inc. (lOG). Mr. Landers provided details to those present concerning the plans lOG has for the subject property. Mr. Landers stated he is consulting with experts regarding the design of the proposed building in order to maximize both aesthetics and utility. Mr. Landers stated he believes the proximity of the subject property to a hospital will be an advantage for a medical office facility. Mr. Landers stated potential problems at this location include certain topo- graphical features and a pipeline easement. Mr. Landers commented favorably about the cooperation he has received from the management of the adjoining QuikTrip store. Mr. Landers stated he believes this is the right plan for this property and he is in agreement with the conditions of rezoning as formulated by staff. Mr. Landers stated he would at least like to see a pedestrian connection to the subject property and the hospital and would prefer a connection which would accommodate an ambulance or other motorized conveyance. Mr. Landers stated there seems to be a real need for a facility of this type. Council Member Lnenicka thanked Mr. Landers for his efforts in connection with this property. Council Member Lnenicka stated keeping a hospital in the City is an important quality of life consideration for the citizens, and any measure which enhances the viability of the hospital ultimately benefits the community. MOTION: Council Member Lnenicka made a motion to approve Rezoning Request Z07-028 from RAD Conditional to 01 for a 3.35 acre tract at King Springs Road and South Cobb Drive for Integrity Development Group, Inc. subject to the twenty stipulations as formulated by staff (Clerk's Note: a list of the referenced stipulations is appended hereto as exhibit "E"). The motion was seconded by Council Member Wood. Council Member Lnenicka asked Mr. Landers if the stipulations of rezoning are acceptable, and Mr. Landers answered in the affirmative. Council Member Newcomb stated this is another example of how a property can be utilized along South Cobb Drive without a strictly commercial usage. Motion was approved 7 - O. u (G) Public Hearing - text amendment to the City of Smyrna Zoning Ordinance for projections into yards Mr. Wright stated staff has identified a potential issue with the construction of wooden decks January 22, 2008 6 on the front of single-family homes. Mr. Wright stated staff has formulated a revision to the zoning code regarding installation of such structures which is expected to help preserve the aesthetics and essential character of residential areas. Mr. Wright stated staff recommends approval of the proposed text amendment. u Mr. Suddreth provided details to those present concerning the proposed text amendment. At Council Member Newcomb's request, Mr. Suddreth provided details to those present concerning the role of the License and Variance Board. At Council Member McNabb's request, Mr. Suddreth provided clarification to those present concerning a portion of the text amendment which pertains to a requirement for the materials used for roof coverings being identical for both the original structure and any front addition. Mr. Suddreth stated reference to combinations of materials relates to facades rather than roofs. 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 text amendment to the City of Smyrna Zoning Ordinance Section] 207 relative to projections into yards. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (H) Public Hearing - text amendment to the City of Smyrna Zoning Ordinance for filing variance petitions Mr. Wright stated staff has identified two potential issues with the current ordinance for the variance review process. Mr. Wright stated the two issues include notification of adjacent property owners across a public right-of-way and submittal of site plans and elevations for the construction of any structures. Mr. Wright stated these two text amendments will help assure that all adjacent property owners in the immediate area are adequately notified through written notice and sufficient information is submitted with the variance application. Mr. Wright stated staff recommends approval of the proposed text amendment. At Council Member Newcomb's request, Mr. Suddreth provided clarification to those present concerning certain aspects of the proposed revision. u 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 text amendment to the City of Smyrna Zoning Ordinance Sections 140] and 1402 relative to zoning variance procedures. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. PRIVILEGE LICENSE: (A) Public Hearing - privilege license matter - new application - retail pouring of beer and wine - Great Taste - 5350 United Drive, Suite] 02 - Hieu Van Le, agent/owner applicant Mr. Wright stated the applicant has received a copy of the City's alcoholic beverage ordinance and has attended the mandatory responsible alcoholic beverage sales and service class. Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. u Council Member Wood recognized Mr. Le. Council Member Lnenicka asked Mr. Le ifhe January 22,2008 7 u understands that the agent is responsible for alcoholic beverage sales at the establishment, and Mr. Le answered in the affirmative. Council Member Lnenicka asked Mr. Le if he understands that local authorities will, from time to time, conduct undercover inquiries at establishments licensed to sell alcoholic beverages to help gauge the compliance of business owners with applicable regulations, and Mr. Le said yes. Council Member Lnenicka discussed with Mr. Le the importance of checking identifications of customers attempting to purchase alcoholic beverages at Great Taste. At Mr. Wright's request, Mr. Le provided details to those present concerning steps he will take at Great Taste to help make certain alcoholic beverages are sold only in a lawful manner there. Mr. Wright asked Mr. Le ifhe plans to implement training measures to help make certain alcoholic beverages are sold only in a lawful manner at Great Taste, and Mr. Le answered in the affirmative. Mr. Wright asked Mr. Le ifhe plans to implement a point-of-sale system at the establishment to help screen purchasers of alcoholic beverages, and Mr. Le provided details to those present concerning a calendar he will receive from a distributor to help identify eligible purchasers. At Council Member Wood's request, Mr. Le provided details to those present concerning training he will provide to employees at Great taste. MOTION: Council Member Wood made a motion to approve the privilege license request for retail pouring of beer and wine for Great Taste at 5350 United Drive, Suite 102 for Hieu Van Le as agent. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. FORMAL BUSINESS: (A) Appointment of Ward 3 Representative to the Parks and Recreation Commission u MOTION: Council Member Anulewicz made a motion to appoint Mrs. Liz Davis as the Ward 3 representative to the Parks and Recreation Commission with a term to expire on January 1, 2010. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (B) Appointment of Ward 3 Representative to Keep Smyrma Beautiful MOTION: Council Member Anulewicz made a motion to reappoint Ms. Betty Williams as Ward 3 Representative to the Keep Smyrma Beautiful Commission with a term to expire on December 31,2009. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (C) Appointment of Members to the Smyrna Education Task Force Mr. Wright read the list of nominations for members of the Smyrna Education Task Force as follows: u Mayor's appointees - Mike Kemp, Shawn Oates, Tracy Gaudiano, Narayan Sengupta, Slade Gulledge, Kimberly Childs and Kevin Drawe; Ward 1 appointees - Shebra Thompson and Cheryl Wilson; Ward 2 appointees - Scott Crooks, Pat Evans, Dan Lobel, Melissa Wingate Martinez, and Jeanne Summerford; Ward 3 appointees - Cara Fox, Cheri Kemp, and Chrissie Nesbitt; Ward 4 appointees - Christian Brown, Phyllis Calhoun-Hurley, Michael Landry, Amanda Banks, Carol Karadenzie, LaWanda Hayes, Chris Terry, Osmand Lindley, and Tom Pritchard; Ward 5 appointees - Mike Hyde, Susan Wilkinson, and Kara Gold; Ward 6 appointees - Mike Watkins, Eileen Ross, Saralee Parker, and Chad Koenig; Ward 7 appointees - Donette Konnecker and Judy Turnell. January 22, 2008 8 MOTION: Council Member Lnenicka made a motion to appoint the nominated persons to the Smyrna Education Task Force. The motion was seconded by Council Member McNabb. Motion was approved 7 - o. ~ COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of January 7, 2008 minutes (B) Approval of use of Council Chambers for a meeting of the Market Village HOA on Thursday, January 31,2008 at 8:00 p.m. (C) Approval of use of Council Chambers for a meeting of the Smyrna Heights HOA on Tuesday, February 12,2008 from 7:00 p.m. until 10:00 p.m. (D) Approval of Purchase of Replacement Emergency Weather Siren System from McCord Communications, Sole Source vendor for this equipment, for the amount of $264,136 (E) Approval of Resolution by the Smyrna city council authorizing the Mayor to establish a franchise fee applicable to holders of cable and video franchises issued by the State of Georgia (F) Approval of road closing of Village Walk for Electronics Recycling Event on Saturday, January 26, 2008 from 7:00 am until 3:00 pm. u (G) A ward of Bid Number 8-010 - Adult Recreation Site Construction to Nicorp Development in the amount of $508,300 (H) Approval of acquisition of strip of property, located 2995 Atlanta Road as described in submitted legal description, by any lawful means available including the use of eminent domain and authorize the Mayor to sign and execute all documents related thereto MOTION: Council Member Wood 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 Ms. Hiott, and Ms. Hiott provided details to those present concerning recent court services operations. Council Member Pritchett stated she is excited and hopeful about the TAD measure for Belmont Hills. Council Member Newcomb stated the TAD measure for Belmont Hills is the culmination of a long journey which started with the approval of the electorate and that he is looking forward to many positive changes. Council Member Anulewicz expressed enthusiasm for the TAD measure for Belmont Hills and the many positive changes which may come about as a result of this measure. Council Member Anulewicz encouraged everyone to take advantage of the upcoming electronics recycling event. o January 22,2008 9 u Council Member McNabb recognized Ms. Kirk, and Ms. Kirk provided details to those present regarding the upcoming electronics recycling event and other upcoming KSB events. Council Member McNabb recognized Mr. Stokes, and Mr. Stokes provided details to those present concerning current Public Works Department projects. Council Member McNabb encouraged citizens to report blockage of storm drains to the Public Works Department. Council Member Smith recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning upcoming City events. Council Member Smith recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning current and upcoming programs and events for the City Library. . .' Council Member Smith recognized Mr. Ciaccio, who provided details to those present concerning upcoming Parks and Recreation Department events and activities and park improvements projects. Council Member Smith provided details to those present concerning plan changes he sought in connection with the Belmont Hills redevelopment plan. Council Member Smith stated he believes this redevelopment project will bring about positive change in the northern sector of the City. u Council Member Lnenicka thanked the residents of the Heritage at Vinings neighborhood for the HOA meeting they held at City Hall last week. Council Member Lnenicka stated he received a lot of useful input from those attending and found a great deal of positive support for the City and for the Belmont Hills redevelopment plan. Council Member Lnenicka provided details to those present concerning an upcoming town hall meeting to be presented by Congressman David Scott. Council Member Lnenicka recognized Assistant Chief Wehunt, who had no report. Council Member Lnenicka recognized Chief Hook, who provided details to those present concerning recent City police operations. Council Member Wood recognized Mr. Boyd, and Mr. Boyd provided details to those present concerning City business licenses and proceeds from the sale of surplus property. Council Member Wood expressed the view that the Belmont Hills redevelopment project has a great deal of potential for generating positive change throughout the City and the greater Cobb County community. CITIZENS INPUT: There was none. ADJOURNMENT: u With no further business, the meeting was adjourned at 10:24 p.m. January 22. 2008 ~ A. MAX BACON, MAYOR ~e~tU~ CHARLES PETE WOOD, WARD 7 10 u ~ ' ~fJ~~ SSAN D. HIOTT, CITY CLERK ~,~ RON NEWCOMB, WARD 2 ~~4!-- WADE S. LNENICKA, WARD 6 u u January 22, 2008 11 u Exhibit "A" Rezoning Request Z07-024 - Land Lot 776, 2365 Spring Road - 1.49 acre tract - 1995 Partners, LLC Standard Conditions (items 1, 2, 3, 4, 5, 8, 9, 10, 16 and 17 from Section 1201 of the Zoning Ordinance are not applicable) 1. All utilities within the development shall be underground. 2. 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 of2' shall be provided between the back of curb and sidewalk. 3. No debris may be buried on the subject parcel. 4. 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". u 5. 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. 6. 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. 7. All common areas are to be sodded, and landscaped. Irrigate as appropriate. Special Conditions 8. The development shall maintain the following setbacks: Front - 50' Street Side - IS' (along Farmstead) Side - 50' Rear - 50' 9. The storm water detention plan shall be designed to create at least a 10% reduction in a 2-year to 1 OO-year storm event. The City Engineer shall approve all plans. Any detention or retention pond shall be placed and screened appropriately to be unobtrusive from view of the right-of-way (including Farmstead Road) and adjacent residential property. u 10. Business hours will be limited between 6:00 a.m. and 11 :00 p.m. II. There shall be no bells, whistles, or outdoor loud speakers permitted on site. January 22.2008 12 12. Any proposed dumpsters shall be surrounded by a three-sided brick or stucco enclosure with an opaque gate in the front. The lid of the dumpster shall be made of rubber. 13. Any utility boxes, HV AC components, or accessory components to the commercial building shall be screened from the public right-of-ways (including Farmstead Road) and adjoining residential property owners. u 14. The developer shall install and maintain a 10' wide evergreen buffer along the western property line that adjoins residential property. 15. Deliveries and trash pick-up shall only be permitted between the hours of 7:00 a.m. and 9:00 p.m. 16. The parking lot shall provide landscape islands after every tenth parking space the design of which must be approved by the City of Smyrna. A landscape strip shall also be provided between all head-to-head parking spaces. 17. The structure shall have a sloped roof of at least 6/12 pitch. Deviations may be approved by the Director of Community Development. 18. The commercial building shall have entry doors along Spring Road. 19. The parking lot will be properly landscaped and kept free of debris and trash. 20. No sidewalk shall be provided along Farmstead Road. 21. A deceleration lane shall not be provided along Spring Road. However, any traffic improvements deemed necessary by the City Engineer for the Spring Road ingress/egress point must be provided. u 22. The point of ingress/egress on Farmstead Road shall be a full access. 23. Approval of the Subject Property for Limited Commercial shall be conditioned upon the development of the property in substantial compliance with the submitted site plan dated 11/06/07. 24. The applicant shall be bound to the elevations submitted on 11/05/07. If there is any change to the elevations it must be approved by the Director of Community Development. 25. The additional stipulations agreed upon by the applicant in the letter submitted and dated on December 10, 2007 by the applicant with the following revisions: . Item 12( e) shall read as: The installation of appropriate security/ privacy fencing along the western and northern property lines, subject to review and approval by the Landscape Oversight Committee. o January 22, 2008 13 Exhibit "D" u Validation of Annexation Application - 1.18 acre tract - Land Lot 491, Parcel 6, 17th District, 2nd Section - 2285 Hillside Drive and 2291 Park Drive - Spring Street Investments, LLC LEGAL DESCRIPTION All that tract or parcel of land lying and being in Land Lot 491 of the 17TH District, 2ND Section, Cobb County, Georgia being more particularly described as follows: Commencing at a point located at the intersection of the easterly right of way of Park Drive (30' RlW) and the northerly right of way of Hillside Drive (30' RlW); THENCE along the easterly right of way of Park Drive North 22 degrees 14 minutes 55 seconds West for a distance of 5.15 feet to the POINT OF BEGINNING; THENCE continuing along said right of way North 22 degrees 14 minutes 55 seconds West for a distance of 168.17 feet to a point; THENCE continuing along said right of way North 21 degrees 09 minutes 58 seconds West for a distance of 118.95 feet to a point; THENCE leaving said right of way North 89 degrees 52 minutes 10 seconds East for a distance of 20 1.85 feet to a point; THENCE South 20 degrees 21 minutes 56 seconds East for a distance of 118.39 feet to a point; THENCE South 25 degrees 53 minutes 05 seconds East for a distance of 140.94 feet to a point; THENCE South 81 degrees 35 minutes 49 seconds West for a distance of200.1 0 feet to the POINT OF BEGINNING. u Said property contains 1.18 acres more or less. u January 22,2008 14 Exhibit "E" Rezoning Request Z07-028 - RAD Conditional to 01 - 3.35 acre tract - King Springs Road and South Cobb Drive - Integrity Development Group, Inc. u Standard Conditions (Requirements #1,2,3,4,8,9,16 and 17 from Section 1201 of the Zoning Code are not applicable) 1. 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. 2. All utilities within the development shall be underground. 3. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. The grass buffer may be waived if it is deemed unnecessary by the City Engineer. 4. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. u 5. No debris may be buried on any lot or common area. 6. 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". 7. 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. 8. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 9. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. u January 22, 2008 15 ~ Special Conditions 10. The development shall maintain the following setbacks: Front - 40' Side - 15' Rear - 40' 11. The proposed development shall conform in substantial compliance to the site plan dated 1-3-08 detailing a 48,000 s.f. medical office building. Slight deviations to the site plan may be approved by the Community Development Director. Any significant changes to the site plan will require an amendment to this rezoning. 12. The proposed development shall conform to the elevations submitted on 11-09-07 in the rezoning application detailing a 48,000 s.f. medical office building. The proposed building must be constructed of four-sided architecture. Slight deviations to the elevations may be approved by the Community Development Director. However, any significant changes to the elevations will require an amendment to this rezoning. 13. The applicant shall provide a covered entrance way over the passenger drop off zone. 14. A 10' landscape strip shall be provided and maintained along the eastern and northern property lines. u 15. The parking lot shall provide landscape islands after every tenth parking space, the design of which must be approved by the City of Smyrna. 16. The trash dumpsters shall utilize rubber tops and be appropriately screened with a three sided brick enclosure per the City's code. 17. Deliveries and trash collection within the proposed office development shall be limited to between the hours of7:00 am and 7:00 pm. 18. The applicant shall work with the property owner of the adjoining commercial property to the west to provide traffic improvements deemed necessary by the City Engineer to improve inter-parcel access and ingress/egress concerns created by two access easements. 19. The applicant shall provide an access driveway and pedestrian walkway to connect Emory Adventist Hospital and the proposed development. 20. If the applicant is unable to provide inter-parcel access to Emory Adventist Hospital within 12 months of mayor and council approval, the property shall revert to its original zoning status prior to such zoning. u January 22, 2008 Exhibit "B" SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP ~ ATTORNEYS AT LAW SUITE 100 376 POWDER SPRINGS STREET MARIETTA, GEORGIA 30064-3448 GARVIS L. S.A.MS, JR. JOEL L. LARKIN PARKS F. HUFF JAMES A. BALLI. MELISSA P. HAISTEN JUSTIN H. MEEKS 770.422.7016 TELEPHONE 770.426.6583 FACSIMILE December 10, 2007 SAMSLARKINHUFF.COM .ALSO LICENSED TO PRACTICE IN ALABAMA VIA E-MAIL and FIRST CLASS MAIL Mr. Ken Suddreth Community Development Director City.ofSmyma 3180 Atlanta Road Smyrna, GA 30080 D Re: Application of 1995 Partners, LLC to Rezone a 1.469 Acre Tract From 0&1 to Limited Commercial (LC) (Case No. Z07-024) Dear Ken: You will recall that I represent the applicant and property owner concerning the above- captioned application for rezoning. The application was heard, considered and unanimously re~ommended for approval by the City of Smyrna Planning & Zoning Board on November 12, 2007. The application is now scheduled for final action by the Mayor and City Council Oil December 17,2007. During the pendency of the application, we have had an opportunity to interface with the City's professional staff, Ward Council Member Melleny Pritchett, the Planning & Zoning Board Members and area residents and business owners. As a result of those discussions and in response to issues raised at a meeting at City Hall with area residents and business owners on December 4, 2007, this letter will embody my clients' expression of agreement with thl:: following stipulations which shall become conditions and a part of the requested rezoning, as amended and modified hereby, and binding upon the subject property thereafter. The referenced stipulations are as follows: ~ D D \~ '-\_. D SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP VIA E-MAIL and FIRST CLASS MAIL Mr. Ken Suddreth Community Development Director City of Smyrna Page 2 December 10, 2007 1. The stipulations and conditions set forth herein shall replace and supercede in full any and all prior stipulations and conditions in whatsoever form which are currently in place concerning the property which constitutes the subject matter of the above-captioned application for rezoning. 2. Rezoning of the subject property shall be from Office & Institutional (01) to Limited Cornmercia! (LC) in substantial conformity to that certain revised site/landscape plan prepared by Bilson & Associates dated November 6,2007, v.hich was submitted under separate cover on November 19,2007, a copy of which is enclosed. 3. The total site area of the subject property (1.469 acres) shall be developed as Salon Suites which shall be contained within a one (1) story building approximately 7,200 square feet in size. I 4. The architectural style, composition and treatment of the building shall be consistent with the architectural rendering/elevation submitted under separate cover, dated November 7, 2007, a copy of which is enclosed. The building will be residential in appearance with four-sided brick architecture,~ architectural shingles, dormers, shutters on the windows and relief on the front 0fthe building focused on the front door area. J 5. Any additional signage for the proposed development shall be ground-based, monument style, with finished materials and color being in substantial conformity to the architectural style as aforementioned. There shall be no roof signs, exterior temporaf'j signs or banners nor shall there be any flashing sign components. Temporary signage announcing the grand opening, signage indicating the coming development and signage related to leasing opportunities shall be allowed. I The subject property is located in an area under the City's Future Land Use Map which is denominated as a Neighborhood Activity Center (NAC). The requested Limited Commercial (LC) zoning district is an allowable zoning district within NAC and requires no change in land use. SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP D VIA E-MAIL and FIRST CLASS MAIL Mr. Ken Suddreth Community Development Director City of Smyrna Page 3 December 10, 2007 6. Parking area lighting shall be environmentaily sensitive, low level, shoebox luminaries fitted with non-glare lenses and cut-off shields to prevent illumination from penetrating outside the boundaries of the subject property. 7. . Security lighting on the building shall be wall packs, hooded, environmentally sensitive and shall be fitted with non-glare ienses and cut-off shields to prevent illumination from penetrating outside ~h~ bound~ies of the subject property. 8. The dumpster servicing the proposed development shall be enclosed with a minimum of 6' high enclosure consistent with the architectural style and aforementioned on three (3) sides with an opaque wooden door on the access side which shall remain in a closed position except when the dumpster is being emptied. All dumpsters shaH have rubber lids to minimize noise. u 9. Deliveries and trash pick up shall be limited to the hours of 7:00 a.m. until 9:00 p.m. Business hours shall be limited to the hours of 6:00 a.m. until 11 :00 p.m., Monday through Saturday. ." ,j 10. Parking lot cleaning mechanical equipment shall be restricted to Monday through Saturday from 9:00 a.m. until 9:00 p.m. and on Sunday fi-om 11 :00 a.m.. until 9:00 p.m." ,.\,- - 11. There shall be no outside paging systems, telephone bells, whistles, bells or outdoor loud speakers permitted on the site. 12. The submission of a landscape plan during the Plan Review process, subject to review and approval by the City Arborist and the Community Development Department, including the following: /a. The formation of a Landscape Oversight Committee col}2jsting of a representative from Farmstead HOA, a resident of Carolyn Drive, the developer and a representative from the Community Development Department. The representative from the Community Development Department shall be the final arbiter with respect to the resolution of any issues which can not otherwise be resolved. D SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP o VIA E-MAIL and FIRST CLASS MAIL Mr. Ken Suddreth Community Development Director City of Smyrna Page 4 December 10, 2007 o ," r', o b. The installation of a 10' landscaped screening buffer along the western and northern property lines adjacent to existing residential areas, consistent with the landscape plan, which sets forth the buffer plantings and landscape profiles. The la..'ldscaping shall consist 0fthe [oHowing: Autumn Flame Maples; Brodie E. Red Cedars; Virginia Pines; Nuttal Oaks; Allee Chinese Elms and Green Vase Zelkovas. c. The developer shall comply with the City's current Tree Preservation and Replacement Ordinance and adhere to all required tree protection measures during the construction and build out of the proposed development. d. The installation of additional landscaping on the north of the subject property adjacent to the signage located at the entrance to Farmstead at Vinings. Additionally, agreeing to aesthetically "enhance" the Farmstead signage and constructing white PVC fencing at the subdivision's entrance. e. The installation of appropriate securityiprivacy fencing along the eastern and northern property lines, subject to review and approval by the Landscape Oversight Committee. , f. Those areas between sections of the subject property resenled for required parking, as well as public rights-of-way, shall be included in the final landscape plan. The landscaping and foliage contained within the parking islands shall consist of both upper and lower vegetative canopies. The parking lot area shall provide landscaped islands after every tenth parking space, the design of which shall be approved by the City during the Plan Review process. Additionally, landscape strips shall also be provided between all head-to- head parking spaces. a to. h. The parking lot and landscaped islands shall be properly landscaped and kept free of trash and debris. 1. All landscaping for the proposed development shall be professionally designed, maintained and irrigated. Additionally, said landscaped areas shall be perpetually o o o SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP VIA E-MAIL and FIRST CLASS MAIL Mr. Ken Suddreth Community Development Director City of Smyrna Page 5 December 10, 2007 maintained and any dead or irrevocably diseased vegetation shall be replaced as necessary . J. All landscaped and buffer areas may be penetrated for purposes of access, utilities and stormwater management, including, but not limited to, detention/retention facilities, drainage facilities and any and all slopes or other required engineering _ __ ___ fe~J!lLeluequir~cl by_the CitY_QfSmYJna. _ _ _ _ - ~- - - k. The detention pond area shall be visually screened from view with attendant lauJscaping and/ur fencing. 1. All HV AC and/or mechanical systems shall be screened from view from adjacent residences and rights-of-way. m. All landscape plans shall be prepared, stamped and signed by a Georgia Registered Landscape Architect. 13. Complia..l1ce with the following recommendations from the City of Smyrna Engineering Department with respect to traffic/transportational issues: " ,'; a. 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 the Plan Review process. b. Sidewalks shall be provided by the developer adjacent to public rights-of-way consistent with the City's requirements for the extent of the development (although no request for a sidewalk on Farmstead is anticipated by the City at this time ). c. A grass buffer a minimum wide of 2' shall be provided between the back-of-curb and the sidewalks. d. Ensuring appropriate sight distance along Spring Road or the implementation of remedial measures in which to mitigate same. SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP o VIAE-lVIAIL aDd FIRST CLASS MAIL Mr. Ken Suddreth Community Development Director City of Smyrna Page 6 December 10, 2007 e. During the construction and build-out of the proposed development, there shall be no construction traffic alle.wed on Farmstead Road with appropriate signage erec.ted by the developer ensllring same. f. The point of ingress/egress on Spring Road shall be "right-inlright-out" only with ------ no requirement for the construction of a deceleration lane. - g. The parking lot area shall contain a maximum number of l04 parking spaces which exceeds the total number of spaces required by the City of Smyrna parking ratio requirements. The parking lot area shall be posted so that its use is restricted to customers of the Salon Suites only with appropriate recitals on said signage to indicate that vehicles improperly parked shall be towed at the owner's expense pursuant to applicable Georgia statutes. u 14. Compliance with the recommendations from the City of Smyrna Engineering and Public Works Departments with respect to the location, configuration and methodology of on- site detention and water quality ponds, including the following: ,~ a. Exercising heightened sensitivity with respect to down stream hydrological conditions. b. All detention areas shall be landscaped and fenced where appropriate. c. An agreement that the developer will ensure that its storm water management/ water quality areas shown on the site plan are configured in such a fashion so as to remedy present down stream flooding conditions which are partially caused as a result of stormwater which presently flows from the subject property. d. Stormwater detention plans shall be developed to create at least a 10% reduction in a two year to 1 00 year storm event. o e. The City Engineer shall approve all stonnwater management/detention/water quality plans. SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP u VIA E-MAIL and FIRST CLASS MAIL Mr. Ken Suddreth Community Development Director City of Smyrna Page 7 December 10, 2007 15. The final site plan, final landscape plan, and final architectural renderings/elevations shall be reviewed and approved by the Community Devr.lopment Department Director or the Director's designee. 16. Minor modifications to the site pian, landscape plan and architectural elevations! _ ~___ __ __ __ ~e!lg~rings1!lay_b~apP1'9Y'~d by_the Community_Development Directoror the Director~s_ designee. ~ These latest revisions to the stipulations/conditions take into consideration all uftl1e meaningful input which the applicant and its representatives have received from the City's professional staff and area residents and business owners. The City is, therefore, provided with a unique opportunity to approve a zoning proposal which is entirely appropriate considered in the context of development in which the subject property is located and in view of the stipulations! conditions to which the applicant has agreed. Please do not hesitate to call should you or your staff require any further information or documentation prior to this application's appearance before the Mayor and City Council on December 17, 2007. With regards :!.nd best wishes for the holiday season, I am Very truly yours, SAMS, LARKIN & HUFF, LLP ~_~....~_.. ...-z~-=--..:'..:..:~~_'" ( ?__-!.:::-i::-:.()~ , ~.... "'''-. -.-...... ~._..,-.~__ a_._. Garvis L. Sams, Jr. gsams@samslarkinhuffcom u GLSjr!jbmc Enclosures cc: Shown on next page. SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP o VIA E-MAIL and FIRST CLASS MAIL Mr. Ken Suddreth Community Development Director City of Smyrna Page 8 December 10, 2007 Honorable Max Bacon, Mayor - VIA Hand Delivery - w/enclosures Members, Smyrna City Council- VIA Hand Delivery - w/enc1osures Ms. Marcia Curtis, President, Farmstead HOA - VIA E-Mail - w/enc1osures Mr. Wayne Wright, City Administrator - VIA Hand Delivery - 'N/enclosures Mr. Scott Stokes, Public Works Director - VIA Hand Delivery - w/enclosures Mr. Russell G. Martin, Planner - VIA E-Mail -- --------------Scott-A. Cochran,Esquire--VIA Hand Delivery--w/enc1osures- Mr. Scott Wright, Vice President, 1995 Partners, LLC - VIA E-Mail -- '.vienc1osures Mr. George CrusseIJe - VIA E-Mail - w/enclosures Mr. Pete Bilson - VIA E-Mail- w/endosures Mr. David Troughton - VIA E-Mail- w/enc1osures cc: ~ ~ Jan~ary 22, 2008 Exhibit "e" SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP u ATTORNEYS AT LAW SUITE 100 376 POWDER SPRINGS STREET HARIETTA, 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 November 7, 2007 WWW.SAMSLARKINHUFF.COM OF COUNSEL DAVID P. HARTIN *.i>.LSO LICENSED TO Pl-<ACTICE IN ALAEAM.A VIA E-MAIL and FIRST CLASS MAIL Mr. Ken Suddreth -- ----Community Deve!opment Director-------- - City of Smyrna 3180 Atlanta Road Smyrna, GA 30080 u Re: Application of 1995 Partners, LLC to Rezone a 1.469 Acre Tract From 0&1 to Limited Commercial (LC) (Case No. Z07-024) Dear Ken: As you know, I represent the applicant and property owner concerning the abov~ captioned application for rezoning. The application i,~ scheduled to be heard and considered by the City of Smyrna Planning & Zoning Board on No~;ember 12, 2007 at 6:00 p.m. Thereafter, the application is scheduled to be heard and considered for final action by the Mayor and City Council on December 17,2007 beginning at 7:30 p.m. Consistent with my discussions with the City's professional staff and Ward Council Member Melleny Pritchett, enclosed please find the requisite number of copies of a revised site plan. You will note that the revised site plan depicts a repositioning of the proposed one-story building so that it is located further away from existing residential development and in order to ailow interior traffic circulation which accommodates an additional point of ingress/egress which is situated on Spring Road. D In addition to the foregoing, please note that the revised site plan includes details which depict additional landscaping on the perimeter of the subject property and within the parking areas as well. SAMS. LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP u VIA E-MAIL and FIRST CLASS MAIL Mr. Ken Suddreth Community Development Director City of Smyrna Page 2 November 7, 2007 Lastly, enc103ed is a revised architectural rendering/elevation depicting the architectural style and composition of the proposed one-story building. As you can see, the building is more residential in appearance, with four-sided brick architecture, architectural shingles, dormers, shutters on the windows and more relief on the front of the building focused on the tront door area. In addition to the foregoing and as self-imposed stipulations/conditions, over and above the conditions which the City's professional staff will be recommending. based upon our _____cQnyersations_with COlmcil Memb.er P.ritcbeft, tll~_appJjc~p.tjs agr_ee~ble to the foilowing~___ 1. With respect to stormwater management, hydrology and down stream considerations, an agreement that the applicnnt will ensure that its storm water management/\vatcr quality area shown on the site plan remedies the present down stream flooding conditions which are partially caused as a result of stormwater which presently escapes the site. u 2. The installation of additional landscaping toward the back (north) of the subject property adjacent to the signage located at the entrance to Farmstead at Vinings. Additionally, agreeing to aesthetically "enhance" the Farmstead signage and constructing white PVC fencing at or near the sign and the subdivision's entrance. Specific details regarding this stipulation! condition will be worked out between the applicant and the Farm~tead BOA during the Plan Review process, subject to review and af'proval by City Council Member Melleny Pritchett. 3. An agreement that at all times the parking lot will be properly landscaped and kept free of debris and trash. With the subject property presently being located within the confines of a Neighborhood Activity Center (NAC) under the City of Smyrna's Future Land Use Map, the proposed rezoning from 0&1 to LC does not require a land use change and is, in fact, consistent with the context of developmcnt in which the subject property is situated. o ~ u u SAMS, LARKIN & HUFF A LIMITED LIABILITY PARTNERSHIP VIA E-MAIL and FIRST CLASS MAIL Mr. Ken Suddreth Community Development Director City of Smyrna Page 3 November 7,2007 Please do not hesitate to call should you or your statT require any further information or documentation prior to the formulation of your analysis and recommendations. With regards, I am Very truly yours, (~;'~LP Ga . ,- gsams@samslarkinnuff.com GLSjr/jbmc Enclosures cc: Honorable Max Bacon, Mayor - VIA Hand Delivery - w/enclosures Members, Smyrna City Council - VIA Hand Delivery - w/enclosures Members, Planning & Zoning Board - w/enclosures Mr. Wayne Wright, City Administrator - VIA Hand Delivery -ow/enclosures Mr. Scott Stokes, Public Works Director - VIA Hand Delivery!.... w/enclosures Mr. Russell G. Martin, Planner - VIA E-Mail ' Scott A. Cochran, Esquire - VIA Hand Delivery - w/enclosures Mr. Scott Wright, Vice President, 1995 Partners, LLC - VIA E-Mail - w/enclosures Mr. George Crusselle - VIA E-Mail- w/enclosures Mr. Pete Bilson - VIA E-Mail- w/enclosures Mr. David Troughton - VIA E-Mail- w/enclosures ORDINANCE No. 2008-1 o AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, SECTION 1207, PROJECTIONS INTO YARDS, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION TO INCLUDE SPECIFIC GUIDELINES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning, Section 1207, City of Smyrna, Georgia, be amended to read as follows: Front yard projections: Projections associated with walkways and landings, including those associated with handicap access, may project into the front yard up to four (4) feet provided it does not cover any more than 25% of the linear footage of the front of the structure and may be made out of any construction material. Projections into the front yard greater than four (4) feet or projections which cover more than 25% of the linear footage of the front of the structure are only allowed if they are covered with a roof and are constructed of the same material or combination of materials that exists on the structure. Introduction of a material not existing on the structure is only permitted if said material does not exceed 30% of the new structure's area. If the proposed structure encroaches into required front yard setbacks or other ordinance regulations, a request for a variance must be filed. o 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 oj 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 22nd day of January, 20 Attest: Su an D. Hiott, City Clerk City of Smyrna u ORDINANCE No. 2008-2 o AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, SECTION 1401, VARIANCE PETITIONS, AND SECTION 1402, NOTIFICATION REQUIRED, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION TO INCLUDE SPECIFIC GUIDELINES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A, Zoning, Sections 1401 and 1402, City of Smyrna, Georgia, be amended to read as follows: (Section 1401) "(a) Filing of petition. Variance petitions to the License and Variance Board may be filed by any person aggrieved by the literal enforcement of the requirements of the zoning code. Upon receipt of written petition and filing fee, the city administrator, or his designee, shall, within 30 days, schedule a hearing to consider the petition and shall notify the petitioner of such hearing." (add to subsection b) o "(6) A to-scale site plan, if constructing a new structure or an addition to an existing structure on the subject property. (7) An elevation, rendering or photographic example of the structure, if constructing a new structure or an addition to an existing structure on the subject property. Also, a brief description of building and exterior materials proposed for the structure must accompany elevation, rendering or photographic example." (Section 1402, subsection b) "(b) The petitioner shall notify all adjacent and abutting property owners by delivering a copy of the variance petition by hand delivery or by certified mail with return receipt requested. For the purposes of this section, adjacent shall also include parcels separated by a publicly dedicated right-of-way. Proof of such notice shall be provided to the city administrator or his designee prior to the hearing. Proof that certified mail was properly sent will be sufficient evidence of notification. D ORDINANCE No. 2008-2 D 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 22nd day of January, 2008. f A. Max Bacon, Mayor Attest: @AAMtf).y~ Susan D. Hiott, City Clerk City of Smyrna D Approved as to form: J~ - Scott A. Coc an, City Attome~ D 2 o ~ ~ Resolution R2008-1 A RESOLUTION OF THE CITY OF SMYRNA THROUGH THE COUNCIL TO AUTHORIZE THE MAYOR OF SAID CITY TO ESTABLISH A FRANCHISE FEE APPLICABLE TO HOLDERS OF CABLE AND VIDEO FRANCHISES ISSUED BY THE STATE OF GEORGIA WHEREAS, the City of Smyrna shall be notified by the Secretary of State's Office and a cable or video provider of an application for a state issued franchise in the city; WHEREAS, the City currently collects a franchise fee from any current cable or video providers; WHEREAS, the City considers collecting a franchise fee from a cable or video provider utilizing the public rights of way as compensation to the public for the use of the rights of way and a means of promoting the public health, safety, welfare and economic development of the City and to protect public works infrastructure; WHEREAS, the City is authorized to collect a franchise fee of up to 5%, the maximum amount established by federal and state law, of each cable or video providers gross revenues generated within the city; NOW THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of Smyrna hereby requires a franchise fee of 5% for any cable or video state franchise issued in its corporate boundaries by the State of Georgia pursuant to O.C.G.A. 36-76-1 et seq. known as the "Consumer Choice for Television Act" of 2007. RESOLVED by the Mayor and Council of the City of Smyrna this 22nd day of January, 200~ ATTEST: By~D.i~ Susan D. Hiott, City Clerk Approved as to Form City Attorney J&--- cott A. Coc an u u u Resolution R2008-2 A RESOLUTION OF THE CITY OF SMYRNA OF GEORGIA WHEREAS, in an effort to make the city a better place to live work and visit, the City of Smyrna desires to stimulate the quality redevelopment of certain areas within the city; WHEREAS, the Belmont Hills Shopping Center site is located in a strategic area of the city and includes approximately 48 acres of property which is underutilized as a shopping center with buildings dating more than 50 years; WHEREAS, after years of working on an appropriate redevelopment project for the Belmont Hills site, the owner of the site, Halpern Enterprises, Inc and the City of Smyrna have agreed upon a redevelopment project that is designed to greatly enhance the area and the entire city; WHEREAS, the Belmont Hills site would not redevelop to the quality and extent as the project proposed without tax allocation district financing. By investing its tax increment in this project, the city will generate future revenue in a dramatic way as it improves a blighted area. This will make the city a better place and greatly benefit the residents of Smyrna; NOW THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of Smyrna hereby approves the project to be built upon the Belmont Hills Shopping Center site and approves the Tax Allocation District Financing application submitted by Halpern Enterprises, Inc RESOLVED by the Mayor and Council of the City of Smyrna this 22nd day of January,200l ATTEST: B~(j).~ Susan D. Hiott, City Clerk (SEAL) Approved as to Form City Attorney ~~- ' @ Scott . Co~ -----