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11-01-2010 November 1, 2010November 1, 2010 The regular scheduled meeting of Mayor and Council was held at Sm}~rna City Hall. The meeting was called to order by presiding officer Mayor Max Bacon at 7:30 o'clock p.m. All Council Members were present except Council Member Pritchett. Also present were City Administrator Eric Taylor, City Clerk Susan Hiott, City Attorney Scott Cochran, Assistant City Administrator Tammi Saddler, Community Development Director Ken Suddreth and Community Relations Director Jennifer Bennett. Invocation was given by Elder Chuck Dunlop from Community Cumberland Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated there were no agenda changes. MAYOR' S REPORT: Mayor Bacon recognized Ms. Marsha Lake, who provided details to those present concerning her candidacy for State Court Judge. Mayor Bacon recognized Ms. Stacey Evans, who provided details to those present concerning her candidacy for State House District 40. Mayor Bacon recognized Ms. Normarene Merritt, who provided details to those present concerning her candidacy for Cobb Superior Court Judge. Mayor Bacon recognized Judge Jim Bodiford, who provided details to those present concerning his candidacy for Cobb Superior Court Judge. Mayor Bacon recognized Ms. Maryline Blackburn, who provided details to those present concerning her candidacy for the 34'"District seat of the House of Representatives. Mayor Bacon recognized Eileen Masterson as the 3`d generation in a family of Veterans. Mayor Bacon recognized Bob Deale who talked about Veterans Day on November 1 lth and welcomed all to attend the celebration recognizing the veterans. The ceremony will begin at 11:00 a.m, with speakers Sgt. Ken Turner, Ben Malcolm, and Lt. Bob Lanzotti to be held at Brinkley Park. If there is inclement weather, it will take place at the Community Center in the Village Green. Presentation of Character Education Word "Citizenship /Patriotism" with Green Acres ElementarX School Mayor Bacon recognized faculty and students from Green Acres Elementary School, and the students presented the monthly character education word program. LAND ISSUES/ZONINGS/ANNEXATIONS: November 1, 2010 (A) Public Hearing- Code Amendment to Chapter 18 of the City Code of Ordinances to require construction fencing for commercial developments greater than 10 acres in size -City of Smyrna Mayor Bacon stated that before proceeding any further, Council Member Pritchett was out due to being sick and he hoped she was feeling better. Council Member Newcomb recognized Mr. Suddreth for explanation. of the proposed code amendment. Mr. Suddreth stated there have been internal discussions over the last several months on perimeter fencing for construction sites. The discussions have resulted into two parts regarding fencing. The first part for consideration at this time is that construction on commercial sites over 10 acres should require a chain link fence around the perimeter of the site no less than six feet. Requirement of a fencing plan must be submitted with other plans for the development. There is also an option of screen material or landscaping material and what needs to be inside the fence regarding maintenance and securing of the fence. Substituting of a wood fence is allowed. There is also information on how to handle an existing sidewalk that might need to be disturbed. Council Member Newcomb explained that the reason for this fencing ordinance derived from the stalling of major developments because of the economy we currently have. Socne sites are nicer and more secure than others; for example, landscaping has been a nice attractive feature at certain sites. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Anulewicz expressed her gratitude for the many months staff has spent drafting this ordinance. She stated she never thought that the City would have to deal with something like this, but since these developments have set idle for so long, this ordinance was necessary. Council Member Smith asked Council Member Newcomb what he meant by the appearance of lots with the fence in place. Council Member Newcomb explained that with fencing, one can not see purely into the site. Fencing also provides a safety factor to keep folks off of the site. Council Member Smith asked if this chain link fencing was with or without screening. Council Member Newcomb said it is either with screening or landscaping. Council Member McNabb explained the ordinance provides a balance between providing the right kind of public safety protection for large construction sites and at the same time not adding unnecessarily to the cost and time required to the development of our properties. He stated ten acres is the right compromise. He noted he was reluctant to extend this to smaller sites since they can be developed in less than six months. He added this is a code compromise and he supports this ordinance. MOTION: Council Member Newcomb made a motion to approve Code Amendment to Chapter 18 of the City Code of Ordinances to require construction fencing for commercial developments greater than 10 acres in size and the ten guidelines that are part of that. The motion was seconded by Council Member Anulewicz. Motion was approved 6 - 0. (Ordinance No. 2010-11) (B) Public Hearing- Zoning Amendment Request Z10-015 -Modification of previously approved site plan, building elevation and zoning stipulations - 5.64 Acre Tract -Land Lot 446 -Belmont Circle and Turner Drive -Northwest Intown Development, LLC 2 November 1, 2010 Mr. Taylor stated the applicant has requested to modify the site plan, building elevation and zoning conditions for Belmont Chase Subdivision located at Belmont Circle and Turner Drive. The applicant is seeking to amend the zoning stipulations for Z06-031 and Z10-003 which were previously approved by the Mayor and Council. The applicant is requesting to amend the previously approved site plan, building elevation, and zoning stipulations number 19 & 20 and to add four additional stipulations. Staff is recommending approval. Council Member Smith recognized Mr. Suddreth who provided a presentation of the zoning amendment application. Mr. Suddreth stated this is a request by Northwest Intown Development for an existing subdivision that is a little over five acres. The future development map is in line with the zoning map. There is no change in the existing density. The number of lots remains at 26 which is what the current proposal is. This property was originally rezoned in 2006 to 20 senior style residents. In June of 2006 there was an amendment to change that to 26 lots. These would be rear loaded homes. Three parts to this amendment are to modify the previous site plan, building elevation and eliminate zoning requirements 19 & 20. The proposed site plan that applicant is asking for is 14 rear loaded lots and 12 front loaded lots. Currently there are five lots developed that are rear loaded and they will remain as is. The 121ots that applicant wants to be front loaded would be the four lots on Turner Drive and the eight lots at the entrance of the subdivision. The alleyways behind the four lots fronting Turner and the new street in the subdivision would be switched and no longer be needed. The nine homes on Turner will remain rear entry as well as the existing lots. You have two lots with homes on them, that front onto Belmont, that are developed and are rear loaded lots. The three lots that are on the interior of the subdivision would be rear loaded and two of those lots are developed. Council Member Newcomb asked for clarification that the three lots would be off of the alleyway. It was noted that the first nine lots when you turn down Turner would remain as is. Council Member McNabb asked to see the rear access alleyway on the slides and inquired about width of the alleyway. Mr. Suddreth gave details of alleyway and how the alleyway serves the lots. Mr. Suddreth stated the alleyway would be a little smaller than the road, estimating 20 feet. Mr. McNabb expressed concern that since the alleyway dead ended it does not go all the way through to the other street and inquired if it could handle traffic coming in and exiting into the home simultaneously, and will cars be required to pull off to the side. Mr. Suddreth stated he didn't think cars would have to pull off, but an alleyway is really just one way, and continued to explain that it is hard to regulate drivers coming into the subdivision. He explained that particular alley is serving only seven houses. Normally neighbors understand, for example, they may see someone else backing up and just wait for them to back out and then they will go forward as well. He noted that is what most people do as the alleyway is not long enough to prevent view from the cul-de-sac without knowing what is happening. Mr. Suddreth continued to explain layout of the proposed site plan. He explained lots that would switch from rear loaded to front loaded, noting four on Turner Drive and eight at the entrance part of the subdivision. Mr. Suddreth showed proposed elevation plans for front loaded, noting there were three different models shown. He presented the proposed elevations for rear loaded lots. Mr. Suddreth stated Community Development is recommending approval to modify original conditions by removing 19 and 20. All other conditions mentioned remain. He reviewed conditions reflected in presentation, noting addition of conditions 21, 22, 23, and 24: November 1, 2010 0 bat#ree~ (21) Lots #3, #4, #6, #7, #8, #9, # 10, # 11 & #26 shall have rear loaded homes. (22) The front-loaded homes shall provide two single-car garage bays (as shown on the GreenTree building elevations) with decorative garage doors similar to, but not limited to the garage doors shown on the GreenTree building elevations submitted with the zoning amendment application. (23) The approval of the zoning amendment for the subject property shall be in substantial conformity to the site plan submitted on October 7, 2010, titled Belmont Chase and created by West Georgia Surveyors, Inc and amended by the zoning stipulations above. Should there be any changes during Plan Review which require minor site plan revisions; any such changes shall be subject to the review and approval of the Director of Community Development. (24) The architectural style, composition and treatment of the residences shall be in substantial conformity to the renderings/elevations submitted on October 7, 2010. However, should minor modifications be required during the Plan Review process, said modifications shall be subject to the review and approval of the Director of Community Development. Council Member Smith inquired about the previous stipulations regarding location of the master on main. He inquired if the original density for development was for senior living with intention of having masters on main. Mr. Suddreth stated previous minutes indicate that one of the reasons for density did have to do with rear loaded and style and originally thought to support senior living which triggers the master on the main and easy living standards. Council Member Smith inquired if this development no longer represents a senior living favorable community. Mr. Suddreth stated this would be a community open to all age groups. Council Member Smith asked if senior living warranted the density to the zoning at the time. Mr. Suddreth stated he can not make that connection that Mayor and Council approved this project because it was a senior living project although that was indeed part of the discussion. Council Member Smith inquired about front elevation on Turner Drive. Mr. Suddreth stated this is the first one that is developed, only one facing Turner Drive at the moment. He pointed out what the similar front elevation of homes 3-11 would look like on Turner Drive. He presented three potential elevations that were front loaded. Mayor Bacon stated this is a public hearing and asked for public comment. Applicant Denton West was sworn in. There was no additional public interest shown. Mayor Bacon recognized Denton West of Brock Built Northwest Intown Development. Council Member Smith asked Mr. West the reasons for these proposed changes. Mr. West explained that with the downturn of the market, this project has been going on five years now. He stated that today most of buyers want a back yard as they have young families. Brock Built is trying to build what the public is asking. Mr. West explained his original preference was to switch all of them to front loaded, but after working with Mr. Suddreth and Mr. Martin, he is trying to do his best to compromise. Hopefully, if this goes through, Brock Built will get some sales and the development will move forward. Council Member 4 November 1, 2010 Smith inquired if he thought he could sell the homes without these changes, Mr. West replied that for five years now, only three houses have sold. Council Member Smith inquired about the backyard sizes. Mr. West explained the lots are deep and children will have a yard. Mayor Bacon referred to the master on main floor requirement concerns, and stated the previous zoning was only 25% minimum for master on main, and he didn't remember the density being associated with seniors. Council Member Anulewicz inquired about the nine houses going down Turner Drive and how the transition from front load to rear load would look in terms of marketability. Mr. West stated the transition would look better than one would think and referenced one of their developments in Smyrna area named Dupont Commons that has a similar transitional plan, including both front and rear loaded homes. Mr. Suddreth stated the front loaded homes on Turner will face Turner. They are not facing into subdivision, so from Turner you will see the front house and also garage. That is the difference. Council Member Newcomb pointed out that a lot of discussion about this development 4-5 years ago referred to importance of having "x" number of houses to have masters on main for mature home buyers including concern about the streetscape. He noted that he thought it would be good to get something going over there again, get the subdivision built out, but the more he looks at the prior minutes, it is troubling how much we have moved away from the intent of the original rezoning. Mr. West stated that out of five current homes, three are master on the main and those three are still sitting there for sale and that is why he is trying to get away from that plan. The buyers today are not looking for masters on main. A lot of them are young families and prefer to have their bedrooms upstairs with the family. T Council Member Anulewicz inquired if the homes with the double garage doors would be metal garage or painted to blend or will they be wooden. Mr. West stated they would be split two car garage, will not be plain metal, and would be similar to the renderings they currently have at the site. Council Member Newcomb stated in 2006 someone expressed concerns about additional traffic coming out on Turner Drive. Mr. West noted Turner was a dead end street. Mr. Suddreth explained there are eight homes, and it is at fhe sixth lot before someone would turn into the subdivision. Sixth lot is large lot and home is right at entrance little beyond entrance on right, and entrance to subdivision is on left. Council Member Smith explained that when this was originally brought forward, he did not support because of density, but it passed 6-1 anyway. When brought before us, agreed, and when came back asking for space, he was in favor of that because site was already established, but as Council Member Newcomb pointed out there was some concern about the front elevation facing Turner Drive and it was approved that the streetscape would have same appearance, not have driveways leading into Turner Drive. If one looks at lots across street on arial view you will see these houses are 2 to 1, and we will have a greater number of lots here. He stated he is still concerned the access to lots 8, 9, 10, 11, 24, 25, 26 of the alleyway could be an issue because of being only aone-way traffic. November 1, 2010 MOTION: Councilmember Jimmy Smith moved for zoning amendment request Zoning Amendment Request Z10-015 -Modification of previously approved site plan, building elevation and zoning stipulations - 5.64 Acre Tract -Land Lot 446 -Belmont Circle and Turner Drive -Northwest Intown Development, LLC to be denied. Councilmember Mike McNabb seconded the motion. Council Member Newcomb pointed out that when the original motion was made, discussions took place about what it would look like along Turner Drive, being a planned community, and the housing needs for Smyrna seniors. He noted the importance of keeping the sense same sense of what was originally planned and adhering to the plans presented to the people in that neighborhood. Mayor Bacon noted this application is a change and just because there is not anyone present to speak tonight, there were people expressing concerns at the original zoning, but things have changed over the last four years. He stated Brock Built has a great reputation. He noted they are one of the few builders that have survived in the area. The City contains a lot of vacant property that once had magnificent plans, but the market is just not there anymore. At the time, there was a tremendous need for senior housing, and a lot of excitement about the project, but Brock Built knows the market and what will sell. Council Member Newcomb agreed that Brock Built builds a good product. He expressed concern about the four on Turner Drive, but could approve the other eight being changed. He asked if the Council has to vote this out motion, or if there is some way to have further discussions. Mayor Bacon stated the motion is to deny and that there is a second. We have discussed before about changing things when there is an item on the agenda or motion on the floor. Council Member Newcomb stated he is trying to give applicant another chance. Council Member Smith stated he has no qualms about Brock Builders building a quality home; his concern is what this development will look like in 10 years when you have these driveways facing Turner Drive. It is going to be a hodgepodge of houses down Turner Drive. The idea of the four being changed was a good idea, but idea did not come up in time. Council Member Lnenicka stated this was a difficult situation. He stated he did remember concerns about having houses for seniors. He noted there were more seniors saying they wanted to stay in Smyrna and this development was to be near a major project that was underway at that time, representing the first new redevelopment in that part of town. He stated that while he was not enchanted by changes being proposed tonight, the reality is that the applicant has been working and marketing and trying to sell lots since 2006, and in all of this time, applicant completed five homes and three are unsold. He urged Council to be aware of not taking away the economic use ~of the property either. Council Member Lnenicka stated he would be intrigued by motion to approve the changes requested with suggestion that Council Member Newcomb said to take out lots 12, 13, 14, and 15, the ones that front on Turner Drive and continue to be accessed from the rear alleyway and even trade other homes off of Turner Drive to balance. He stated he thinks applicant made a good faith effort to try to compromise with Council with wishes to come up with something to actually sell and work, and as a difficult choice, hope to have more than one motion before evening is over. Mayor Bacon thanked Brock Built and staff for coming together with a compromise. Council Member Newcomb asked if this could be tabled for further discussions prior to a vote. Mayor Bacon stated Brock Built wanted an answer this evening of yes or no. 6 November 1, 2010 Mayor Bacon stated there was already a motion and a second to deny. VOTE: Approved to deny 4-2. Yeas: Anulewicz, McNabb, Newcomb, Smith; Nos: Lnenicka and Wood Council Member Lnenicka asked to offer another motion to approve the applicant's request subject to the recommended list offered by staff with stipulations. Council Member Newcomb inquired if under Roberts Rules, could the motion be reconsidered. Mr. Cochran explained that an application was advertised and already acted upon. In addition to Roberts Rules, you have to refer to the Zoning Procedure Act, which governs under State law. Under Roberts Rules motion could be reconsidered, but not under the Zoning Procedures Act. Zoning Procedures Act requires that there be a public hearing before a zoning change and advertisement and posting of property for public hearing. Technically the advertisement and public hearing have already taken place, and the motion for denial is final. PRIVILEGE LICENSE: (A) Public Hearing -New privilege license application for Racetrac Petroleum Inc. dba Racetrac #140 at 1461 Veterans Memorial Hwy, Mableton, GA 30126 for sale of package beer and wine. To be tabled until November 15, 2010 MOTION: Council Member Wood moved that the privilege license application for Racetrac Petroleum Inc. dba Racetrac #140 at 1461 Veterans Memorial Hwy, Mableton, GA 30126 for sale of package beer and wine be tabled until November 15, 2010. Councilmember Wade Lnenicka seconded the motion. The motion was approved 6-0. FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: There was none. CONSENT AGENDA: (A) Approval of October 18, 2010 Minutes , (B) Approval of CSX Construction Agreement for Campbell Road Bridge project and Mayor to sign and execute related documents (C) Approval of CSX Facility Encroachment Agreement for Campbell Bridge project, and Mayor to sign and execute related documents MOTION: Councilmember Smith moved to approve Consent Agenda. Councilmember McNabb seconded the motion. The motion approved 6-0. November 1, 2010 COMMITTEE REPORTS: Council Member Newcomb yielded the floor with no report. Council Member Anulewicz reminded everyone to vote Tuesday at the Community Center. She expressed she was sad to report that Pie in the Sky in the Market Village was closing. She encouraged everyone to please shop locally during the holidays. Council Member McNabb encouraged Ward 4 citizens if they have not voted yet to vote at Brown Elementary. Council Member Smith encouraged Ward 5 citizens to vote at Belmont Elementary. He reminded everyone of the time change this Sunday and reminded everyone to check their smoke detectors. Council Member Lnenicka encouraged Ward 6 citizens to vote at Campbell Middle School. Mayor Bacon wished Council Member Wade Lnenicka a Happy Birthday. Council Member Wood encouraged everyone to vote Tuesday. There was no report from City Administrator Eric Taylor, City Attorney Scott Cochran, or City Clerk Susan Hiott. Mayor Bacon thanked Campbell High School students for their Campbell Cares Project on Saturday. Council Member Lnenicka reported that TV news had a broadcast on their work. CITIZENS INPUT Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, who expressed concern that there was no announcement by Mayor and Council at their last meeting prior to Cobb County Commissioner Bob Ott's town hall meeting the following Monday. He remarked on the comments made to Ms. Using at the last meeting and reported on the introduction of Ms. Using and Mr. Martin at a fundraising event at Campbell High School where they had a conversation. He addressed his requests for City town hall meetings and encouraged people in Smyrna to consider running for office in the next City 2011 election. With no further bu s, t eetin urned to 8 53 .m. ~' ~~ ;,. A. MAX BACON, MAYOR SUSA D. HIOTT, CITY CLERK 8 ~.. dJ ~ - ;~~ ME Y C T, W RD 1 ERI ANULEWI ,WARD 3 November 1, 2010 -" C. -A -t~.J t.,.,,.~ RON EWCOMB, WARD 2 f ~ ~ [~e..~~/ V MI EL McNABB, W ~; r d WADE S. LN C A D 6 CHARLES PETE WOOD, WARD 7