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01212003 January 21, 2003 January 2 L 2003 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, 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, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Reverend Reginald Wilborn of New Union Baptist Church, followed by the pledge to the flag. AGENDA CHANGES: There were none. CITIZENS INPUT: Mayor Bacon recognized Mr. David Wilkerson, residing at 1460 Spring Leaf Circle, who expressed concerns about recent property tax assessments in his neighborhood. Council Member Scoggins stated he has had similar concerns, and provided details of efforts he has made to discuss his concerns with County officials. Council Member Scoggins agreed to meet with Mr. Wilkerson and other concerned homeowners in his neighborhood at a later date. MAYOR'S REPORT: Mayor Bacon stated that agenda item # 5G, Approval of Application for Annexation - Land Lots 388,389,404,405 - 1.696 Acre Tract - New Cooper Lake LLC, will be tabled until the March 17,2003 Council meeting. PUBLIC HEARINGS: (A) Variance Request - 1064 Stephens Street - Reduction in Front Yard Setback- Cynthia and Charles Black Mr. Wright stated the applicant has requested a variance in front yard setback in order to install a porch. Mr. Wright stated the regulations call for a setback of35,' but the applicant has requested a setback of slightly more than 34.' Mr. Wright stated that staff supports the requested variance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Hawkins recognized Mr. Charles Black, and asked Mr. Black to explain the need for the requested variance to those present. Mr. Black stated that he recently added a new door to his residence, and that this door is beginning to show some signs of deterioration from exposure to the elements. Mr. Black stated the proposed porch structure is needed to protect the door. Council Member Hawkins stated the property has been posted for the hearing and that signatures have been obtained from residents surrounding the subject property indicating they January 21, 2003 2 have no objections to the proposed variance. Mr. Black stated he brought a copy of the survey of the subject property with a corrected spelling of his spouse's last name, and Council Member Hawkins directed Mr. Black to turn the corrected copy over to the City Clerk for inclusion in the records. MOTION: Council Member Hawkins made a motion to approve a variance for a reduction in front yard setback for 1064 Stephens Street to 34.1,' and the motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (B) Variance Request - 2432 Carolyn Drive - Fence Plan in Street Side Yard Exceeding Height Limits - Alexander Henderson Mr. Wright stated Section 501.10 of the Smyrna Zoning Code prohibits wooden fences in the front yard or street side yard which exceed 4' in height, and that the applicant has requested a variance to permit a professionally-constructed wood privacy fence which will have a maximum height of 6'. Mr. Wright stated the proposed fence will replace an older privacy fence, which was only 5' in height, and will be located in-line with the front of the residence. Mr. Wright stated that staff supports the requested variance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Pritchett recognized Mrs. Henderson, and asked Mrs. Henderson to explain the need for the requested variance to those present. Mrs. Henderson stated that the fence is needed to restrict pedestrian traffic on the property, and to provide some additional privacy. Mrs. Henderson stated she has a small child, and the proposed fence would also be useful for helping to prevent her child from inadvertently straying from her premises. Council Member Pritchett stated signatures have been obtained from residents surrounding the subject property indicating they have no objections to the proposed variance. Council Member Pritchett stated that staff supports the variance, and that staffhas noted that any fence erected on the subject premises must be consistent with the design details submitted with the application. Council Member Pritchett stated that no impairment of visibility at the nearby intersection is anticipated to result from the construction of the proposed fence. MOTION: Council Member Pritchett made a motion to approve a variance for a fence exceeding height limits at 2432 Carolyn Drive, and the Motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (C) Rezoning Request - Vinings Estates, Land Lots 328, 329, 330, 331, 390, 391, 392, 393, 398, 399,400,401,402,403,462,463,464,465,466,467,471,472,474,538,539,542, 543,544 and 545 - Approximately 62 Acres - Cobb County R-20 to RAD Conditional- John Wieland Homes and Neigborhoods Mr. Wright stated the applicant plans to annex some 62 acres into the City, and to use most of this property in the existing subdivision. Mr. Wright stated the rezoning will add 121 new lots, with an overall density of 1.29 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) approved the requested rezoning, and that staff supports the rezoning with a number of stipulations. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least two persons by Mr. Cochran. January 21, 2003 3 Council Member Wood recognized Mr. Dan Fields of John Wieland Homes and Neighborhoods (JWH), and asked Mr. Fields to provide some details of the proposed rezoning, annexation and plan amendment to those present. Mr. Fields stated the subject property is located in the area of Cooper Lake Road, and that the plan amendment calls for construction of some townhomes which are planned to be larger than some already in the general vicinity. Mr. Fields stated that 56.42 acres are earmarked for annexation into the City, and that 78 residential lots are planned for this property. Mr. Fields stated that homes consistent with other structures in Vinings Estates are scheduled to be built on this land at a density of 1.38 units per acre. Mr. Fields stated that, with the additional acreage, Vinings Estates will be comprised of 723 acres. Mr. Fields stated that, after the PZB meeting, representatives of JWH met with the Vinings Estates homeowners association (HOA) to discuss an agreement for the addition of a clubhouse and other improve- ments at Vinings Estates. Mr. Fields stated that an overall density of 1.29 units per acre will be maintained, which is well within the guidelines of the land use plan for that area. Mr. Fields stated he has a list of conditions in addition to those required by staff, which he read to those present: . A new clubhouse, including parking area and a swimming pool, will be constructed . A second tennis pavilion will be constructed . A sidewalk will be added along Whitehaven Park Lane . Landscaping improvements will be made at the entrance at Cooper Lake Road . A street in the vicinity ofIvy Green Way will be relocated . Construction of the Vinings Estate Drive access will be postponed for at least one year . The Cooper Lake Road townhomes will be a minimum of 2500 square feet in size and will not exceed 35 units . A 40' buffer will be built along the side of the Cooper Lake Road townhomes Mr. Fields stated there will be other agreements with the Vinings Estates HOA which do not pertain to zoning. Council Member Wood asked Mr. Fields if the planned pool will be configured for six lanes, and Mr. Fields answered in the affirmative. Council Member Wood stated Peter Blackwood, Chairperson, Vinings Estates Advisory Committee, Kim Carpenter, Chairperson, Ridge at Vinings Advisory Committee, and Dave Newman (phonetic), Immediate Past Chairperson of the Homeowners Advisory Committee, worked with JWH to arrive at agreements made in addition to rezoning requirements. Mayor Bacon recognized Mr. William Ketchum, residing at Valley Brook Road, who asked Mr. Fields what the total number of proposed new dwellings is. Mr. Fields stated that 78 homes are planned for 56 acres ofland. Mr. Ketchum asked Mr. Fields to provide some landmark references to help give a clearer understanding of where the subject property is, and, utilizing a map, Mr. Fields pointed out an area in the vicinity of Pebblebrook Road. Mr. Ketchum asked Mr. Fields what consideration has been given to the possible impact of additional vehicles on traffic in the affected area, and Mr. Fields stated the proposed level of construction density for the subject property is not inconsistent with the existing R-20 zoning. Mayor Bacon recognized Mr. Brian Torras, residing at 4750 Summerwood Drive, who asked Mr. Fields for additional information about the proposed 40' buffer near the Cooper Lake Road area townhomes. Mr. Fields stated the proposed plan is intended to buffer the property on Cooper Lake Road. Mr. Torras asked if it is correct that there is currently no buffer planned for the area between Summer Place subdivision and the location of the proposed townhomes, and Mr. Fields January 21, 2003 4 answered in the affirmative. Mr. Torras expressed the view that the lack of a buffer near Summer Place and the proposed townhomes will negatively affect the value of his home. Mayor Bacon asked Mr. Chris Miller to comment on the concerns expressed by Mr. Torras. Utilizing a site plan map, Mr. Miller showed Mr. Torras some buffering measures in the subject area. Mr. Miller stated there is a 10' landscape buffer along a common property line, and a minimum 40' setback from the property line to the location of the proposed townhomes. Mr. Miller stated construction of a retaining wall is also planned. Mr. Miller stated a topographical buffer is also expected because of variances in grade. Mr. Fields stated the proposed townhomes are expected to have a selling price in the $350,000 range, and that it will be important for JWH to have screening measures in place for the prospective occupants. Mr. Fields stated that as much vegetation as possible will be left in the buffer areas. Mr. Fields stated that, if there is any land disturbance in the subject location, JWH would be willing to plant some cypress trees in the affected area. Council Member Wood asked Mr. Fields if JWH would agree to the planting of some cypress trees in the subject area as a condition, if such a condition were to be recommended by Mr. Miller, and Mr. Fields answered in the affirmative. Mr. Torras stated that there are presently hardwood trees approximately 40 to 50 feet in height in the subject area, and no brush at all. Mr. Torras stated that some time ago a developer had a plan for a golf course in the subject area, and that a plan was proposed by the developer for a 20' or 30' buffer between Summer Place and the proposed facility to be comprised of tall plants. Mr. Torras stated that some commitment to the building of an adequate buffer is needed. Mr. Fields stated that JWH will work with the City staff to develop a landscape plan that will be beneficial to all concerned. Mr. Fields stated that everyone has the same objective which can be accomplished through the establishment of a proper buffer between the properties. Mr. Miller stated he will contact Mr. Torras later to make any proposed landscape plans available for Mr. Torras' inspection. Mr. Miller stated that he has met with members of the HOA to try to address any concerns they have had about this rezoning, and that he believes they are supportive of the rezoning. Council Member Wood asked Mr. Miller ifhe supports the rezoning, and Mr. Miller answered in the affirmative. MOTION: Council Member Wood made a motion to approve a rezoning request for Vinings Estates, Land Lots 328, 329, 330, 331, 390, 391, 392, 393, 398, 399, 400, 401, 402, 403, 462, 463,464,465,466,467,471,472,474,538,539,542,543,544 and 545, approximately 62 acres, from Cobb County R-20 to RAD Conditional, and a master plan amendment at an overall density of 1.29 units per acre for John Wieland Homes and Neigborhoods with the following conditions, which are in addition to any existing conditions or stipulations imposed upon the development previously: 1. A 40' landscape buffer shall be constructed along Cooper Lake Road between the proposed townhome development in the right-of way (ROW) 2. No rear elevation of the proposed townhomes will be comprised of 100% hardiplank siding. Rear elevation will be matched to the front elevation. 3. The southern entrance to the Elliott property will be relocated such that it will be aligned with the eastern boundary of the tract. 4. The number of non-resident members of the Vinings Estates Association shall be limited to 100 residents. 5. John Wieland Homes and Neighborhoods will submit a landscape plan that provides adequate buffers as determined by the Community Development Department of the City January 21, 2003 5 of Smyrna to provide adequate buffers between Summer Place subdivision and the new townhome development. The motion was seconded by Council Member Cramer. Council Member Wood stated that, in response to citizen concerns expressed about traffic congestion in the subject area, he has been discussing construction of a right turn lane at East-West Connector and Cooper Lake Road with Cobb County officials. Council Member Wood stated the proposed construction is expected to be a joint effort between Cobb County and the City. Motion was approved 7 - O. (D) Approval of Application for Annexation - Land Lot 538 - 11.92 Acre Tract - JPIC Pebblebrook, LLC Mr. Wright stated this annexation is connected with the rezoning approved in item C. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to approve an application for annexation for Land Lot 538 for an 11.92 acre tract for JPIC Pebblebrook, LLC, to become a part of Ward 7 of the City of Smyrna with an effective date of February 1, 2003. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (E) Approval of Application for Annexation - Land Lot 539 - 3.92 Acre Tract - JPIC Pebblebrook, LLC Mayor Bacon stated this annexation is connected with the rezoning approved in item C. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to approve an application for annexation for Land Lot 539 for a 3.92 acre tract for JPIC Pebblebrook, LLC, to become a part of Ward 7 of the City of Smyrna with an effective date of February 1, 2003. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (F) Approval of Application for Annexation - Land Lot 400 - 40.58 Acre Tract- Joseph B. Elliott Mayor Bacon stated this annexation is connected with the rezoning approved in item C. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to approve an application for annexation for Land Lot 400 for a 40.58 acre tract for Joseph B. Elliott to become a part of Ward 7 of the City of Smyrna with an effective date of February 1,2003. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (G) Approval of Application for Annexation - Land Lots 388, 389,404,405 - 1.696 Acre Tract - New Cooper Lake LLC Mayor Bacon stated this annexation will be tabled until the March 17,2003 Council meeting. January 21, 2003 6 (H) Rezoning Request - Land Lots 620 and 677 - 4.5 Acre Tract - Residential Multi-Family (RM-12) to General Commercial (GC) - Chris Logan Mr. Wright stated the proposed use for the subject property is as a Home Depot landscape supply store. Mr. Wright stated that PZB has approved the rezoning, and that staff supports the request with a number of stipulations. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka recognized Mr. Chris Logan and Mr. Doug Kirby, an architect representing the applicant and Home Depot. Council Member Lnenicka asked Mr. Logan to provide details regarding the necessity of rezoning the subject property. Mr. Logan stated the portion earmarked for rezoning is left over from the Post Valley Apartments. Mr. Logan stated that most of the property to be used for the store is currently zoned Gc. Council Member Lnenicka asked Mr. Logan if the proposed facility can be built without rezoning the property, and Mr. Logan answered no. Mr. Logan stated that constraints of the RM-12 zoning classification would preclude the use that is being proposed. Council Member Lnenicka stated that the 22 stipulations attached to the requested rezoning will actually result in a GC-Conditional zoning, which would be approved subject to the presented plan and the stipulations. Council Member Lnenicka asked Mr. Logan ifhe will agree to abide by the stipulations. Mr. Logan expressed the view that some of the written conditions are somewhat inconsistent with the plan. Council Member Lnenicka stated that the GC zoning classification is the broadest commercial zoning category in the Zoning Code. Council Member Lnenicka read the list of stipulations to those present: 1. The following uses shall not be permitted on the subject parcel: . Automotive sales/repair . Automobile wash service . Boat sales and repairs . Boarding and breeding kennels . Dry cleaning plants . Farm equipment sales and service - Outparcel only . Massage parlor . Mobile home and travel trailer sales . Motorcycle sales and service . Pawnshops . Service stations . Stations and terminals for bus and rail passenger service . Taxi stands . Theaters . Art Shows, carnival rides and special events of community interest . Automobile parts - wholesale . Automobile leasing . Bowling alley . Drive-in restaurant . Drive-in theater . Linen and diaper serves (plant only) . Printing plant January 21, 2003 7 . Nail Salon . Tattoo Parlor . Billiard Parlor . Tanning Salon . Skating Rink . Game Arcade . Gun Shop . Target Range 2. The parking lot shall provide both landscape islands at the terminus of each row and one landscape island after every lOth parking space. Each landscape island shall provide a minimum green area of 5' in width and include a shade tree with a minimum caliper of 4". 3. The 5' buffer strip along South Cobb Drive, the E/W Connector and the internal road shall contain one tree for every 35' with a minimum caliper of 4". 4. The parking lot lighting in the front and along the access drive shall be limited to decorative lighting fixtures equivalent to the Georgia Power "Sternberg" style posts used in downtown Smyrna. All on-site lighting shall utilize "full-cutoff' technology and shall not exceed 20' in height. 5. The proposed sales racking in the front parking lot shall be relocated to the rear of the site behind the proposed gate and solid wood fence. Tractor trailers shall only be permitted to be parked in the portion of the site enclosed by the fence. 6. Outside temporary sales and displays will only be located on the sidewalk in front of the store that is adjacent to the building. 7. Any necessary retention ponds for the development shall be placed and screened appropriately to be unobtrusive outside and inside the development. The storm wqter 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. 8. The State DOT shall approval the proposed access points for South Cobb Drive and the County DOT shall review connections to the E/W Connector. The City Engineer shall review the locations of any proposed driveways as well. 9. The developer shall be responsible for all expenses required for access improvements (including turn lanes) associated with the development on either the E/W Connector or South Cobb Drive. 10. The internal connection between the E/W Connector and South Cobb Drive shall be channelized to discourage cut-through traffic. 11. The proposed fence facing South Cobb Drive and the E/W Connector shall include brick pillars or accents. Any wood fence shall at a minimum be constructed with pressure treated pine and stained in a manner similar to the elevations provided with the rezoning application. On the north side, brick pillars or accents may be deleted and will be provided on the internal access drive. January 21, 2003 8 12. A row of Leyland Cypress Trees (or similar buffer tree) shall be provided within the 50' landscape buffer to screen the property and outside storage area from the adjacent residences. 13. All utilities within the development shall be underground. 14. The developer will comply with the City's current tree ordinance and plans shall be submitted to the city arborist for review and comment prior to construction. 15. No debris may be buried on any lot or common area. 16. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist. 17. A sidewalk shall be provided along the E/W Connector, internal drive and South Cobb Drive. This sidewalk may be curvilinear wherever possible. A strip of brick pavers or stamped concrete shall be installed at the entrances from the E/W Connector and South Cobb Drive for a minimum distance of 30 feet. 18. A grass buffer with a minimum width of 5' shall be provided between the back of curb and sidewalk whenever possible. 19. The on-site trash receptacle area shall be enclosed on three-sides with a masonry or brick wall and be screened from view by vegetation. 20. Any future development on the outparcel site shall conform architecturally to the elevations provided for the Home Depot Landscape facility. 21. The developer shall connect to the City's existing water line, or agree to obtain their water through a City meter if it is on some other government's or other agency's existing water line, at the developer's expense. Mr. Logan expressed concerns about a stipulation which would require landscape strips separating head-to-head parking spaces, and Mr. Miller stated that, because the development was not site plan specific at the time the stipulations were made, that stipulation will be eliminated. Mr. Logan expressed concern about the stipulation requiring brick pillars or accents on the side of the fence facing the street, and stated that the grade differential between the East- West Connector and the finished floor of the store is at least 20' lower than the East-West Connector, and that the subject fence will not be seen. Mr. Logan stated that he would like to enhance the internal access driveway by putting the brick pillars on the inside. Mr. Logan stated that putting pillars on the outside would be a significant added expense. Council Member Lnenicka stated the subject stipulation will be amended by adding the following language: "On the north side, brick pillars or accents may be deleted and will be provided on the internal access drive." Mr. Logan expressed agreement to this change. Council Member Lnenicka stated the addition of some sidewalks in the area should provide a safety benefit to pedestrians in the area. Council Member Lnenicka asked Mr. Logan to provide some details about the proposed business to those present. Mr. Logan stated the Home Depot landscape supply specialty store is a relatively new concept. Mr. Logan stated these stores are similar to Pike's Nursery stores, and are intended to target the home gardening market as well as professional landscapers. Mr. Logan showed those present an illustration of what the proposed building will look like, and provided an January 21, 2003 9 explanation of the building design features. Council Member Hawkins asked Mr. Logan what is currently on the subject property, and Mr. Logan stated that trees and ravines currently cover the subject property. Council Member Hawkins asked Mr. Logan how much of a tree line will be left abutting the nearby residential property, and Mr. Logan stated there will be a 50' buffer with some replanted trees. Council Member Newcomb asked Mr. Miller what trees will be preserved at the subject location, and Mr. Miller stated the City's arborist will provide expert assistance in reviewing the site plan and identifying trees to be preserved. Council Member Lnenicka expressed appreciation to the nearby residents for their input at a recent meeting regarding the proposed rezoning. Council Member Lnenicka expressed appreciation to the Home Depot's team of architects for the work they have done on this project. Council Member Lnenicka stated that changing the zoning of the subject property from RM-12 to GC-Conditional is consistent with the objectives of the City's ongoing apartment moratorium. Council Member Lnenicka stated that the GC-Conditional zoning, with its stipulations, should help to provide a better overall result and provide some safeguards to the nearby residents. MOTION: Council Member Lnenicka made a motion to approve a rezoning request for Land Lots 620 and 677 for a 4.5 acre tract from Residential Multi-Family (RM-12) to General Commercial (GC) - Conditional for Chris Logan subject to the 21 stipulations amended and read into the record. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (I) Land Use Change Request - Land Lots 620 and 677 - 4.5 Acre Tract - Redevelopment to Neighborhood Activity Center (NAC) - Chris Logan Mayor Bacon stated this land use change request is connected with the rezoning approved in item H Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka asked Mr. Logan when the proposed store will open, and Mr. Logan stated the target date for opening is some time in the fall season of the current year. MOTION: Council Member Lnenicka made a motion to approve a land use change request for Land Lots 620 and 677 for a 4.5 acre tract from Redevelopment to Neighborhood Activity Center (NAC) for Chris Logan. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (J) Rezoning Request - Land Lot 664 - .40 Acre Tract - R-15 (SFR) to RAD Conditional- Renee Perkins Mr. Wright stated that the subject property is a single-family lot, and that the applicant has requested that the subject property be rezoned to RAD Conditional so that it can be subdivided into two lots. Mr. Wright stated that the applicant proposes to build two one-storey detached single-family homes at the subject location. Mr. Wright stated that the houses will be at least 1200 square feet in size each. Mr. Wright stated that the PZB has approved the rezoning request, and that staff supports the request with a number of stipulations. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Ms. Renee Perkins, and asked Ms. Perkins to provide January 21, 2003 10 details of the proposed project to those present. Ms. Perkins stated that she proposes to build two one-storey detached single-family homes at the subject location. Ms. Perkins stated that, based on staff recommendations, a driveway is planned between the two properties and garages are planned for the rear of both structures. Council Member Scoggins expressed appreciation to Ms. Perkins for her efforts to improve the subject area. Council Member Scoggins asked Mr. Miller if is correct that that the houses on Bates Street have no garages, and Mr. Miller answered in the affirmative. Mr. Miller stated the garages may help eliminate the need for external storage sheds. MOTION: Council Member Scoggins made a motion to approve a rezoning request for Land Lot 664 for a.40 acre tract from R-15 (SFR) to RAD Conditional for Renee Perkins with the following stipulations: 1. The development will maintain the following setbacks: Front - 20', Side - 10' and Rear - 30'. 2. Each of the proposed lots will share a common drive connected to Bates Street and include a detached garage with a minimum floor area of 400 s.f. 3. Each residence will be a minimum of 1,200 square feet in area and conform to the architectural renderings provided with the application package. 4. There shall be protective covenants on all lots. 5. Any retention pond deemed necessary by the City Engineer shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 6. All utilities within the development shall be underground. 7. The developer will comply with the City's current tree ordinance and plans shall be submitted to the city for review and comment prior to construction. 8. The protective covenants shall be supplied to the City prior to the issuance of a building permit. 9. No debris may be buried on any lot or common area. 10. Each lot shall have the following trees replanted per lot 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. Council Member Scoggins asked Ms. Perkins if she agrees to the 10 stipulations, and Ms. Perkins answered in the affirmative. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (K) Land Use Change Request - Land Lot 664 - .40 Acre Tract - Low Density Residential (LDR) to Medium Density Residential (MDR) - Renee Perkins Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to approve a land use change request for January 21, 2003 11 Land Lot 664 for a .40 acre tract from Low Density Residential (LDR) to Medium Density Residential (MDR) for Renee Perkins. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (L) Tree Preservation Ordinance Amendment, Chapter 106, Article 2 Mr. Wright stated the purpose of the proposed amendments is to strengthen the Tree Ordinance. Mr. Wright stated that the proposed changes include giving less credit for small trees in calculating the minimum units per acre required, greater protection for specimen trees, requiring the City arborist to review tree protection plans before zoning hearings, and establishing a mandatory two year maintenance bond for the value of replacement trees. Mr. Wright stated that staff supports approval of the amended Tree Ordinance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka stated the proposed changes include exemptions set forth in Sec. 106- 28, definitions listed in Sec. 106-29, combinations of understory and overstory trees specified in Sec. 106-31, tree protection plan requirements in Sec. 106-36, provisions for protection of specimen trees from development in Sec. 106-39, provisions for protection of trees during construction set forth in Sec. 1 06-40, provisions for fees in Sec. 106-48, tree maintenance provisions set forth in Sec. 106-51, and a tree density calculation table set forth in Appendix A. Council Member Lnenicka stated Mr. Wright has suggested the addition of a Sec. 106-33.1, Grading for Future Site Development Requirements. Council Member Lnenicka read proposed Sec. 106-33.1: Land disturbance activities for future site development shall not be permitted unless accompanied by site development plans and all requirements of the Smyrna Tree Ordinance are met. Activities associated with future development shall include (but not be limited to): tree cutting, land clearing, grading and/or grubbing. Council Member Lnenicka asked Mr. Miller for comments, and Mr. Miller stated the changes are based on the Georgia Municipal Association's (GMA) standards. Mr. Miller stated that research has been done comparing the proposed Tree Ordinance with those in other jurisdictions. Mr. Miller stated staff feels that, in comparative terms, it is a stringent yet fair set of policies. Council Member Lnenicka stated that the amended Tree Ordinance is not intended as an impediment to development, but rather as a means to preserve specimen trees. MOTION: Council Member Lnenicka made a motion to approve the Tree Preservation ordinance amendment, Chapter 106, Article 2, and the motion was seconded by Council Member Hawkins. Motion was approved 7 - O. (M) Privilege License Request - Massage Practitioners - Chattel Bajan Day Spa - 3205 A South Cobb Drive - Antoinette D. Gibbs, Agent - New Application Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested privilege license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Hawkins recognized Ms. Antoinette Gibbs, and asked Ms. Gibbs to provide to those present some details regarding the type of business she wishes to operate. Ms. Gibbs stated January 21, 2003 12 she has had a business license in Marietta for almost 15 years, and that she is a licensed massage therapist. Ms. Gibbs stated she has specialized in stress management and pain relief. Ms. Gibbs stated she plans to have clinical massage therapy available at Chattel Bajan Day Spa (CBDS) as well as skin care and hydrotherapy. Council Member Hawkins asked Ms. Gibbs if CBDS will have conventional beautician services, such as tanning and manicures. Ms. Gibbs stated CBDS will have natural care and treatment available for hands and feet, which will include manicures and pedicures. Council Member Hawkins asked Ms. Gibbs if she has signed a lease for retail space, and Ms. Gibbs answered in the affirmative. Council Member Hawkins asked Ms. Gibbs how long the lease is, and Ms. Gibbs stated it is a two year lease. Council Member Hawkins asked Ms. Gibbs if it is fair to say that CBDS will be a service business, and Ms. Gibbs answered in the affirmative. Council Member Hawkins stated that Western Plaza Market (WPM) was allowed to open for business with a special land use permit. Council Member Hawkins stated that an application for a special land use permit must include specifics pertaining to the type of business that will be conducted at the subject premises, and only those types of businesses included in the applicant's justification statement can be allowed. Council Member Hawkins asked Ms. Gibbs if she is aware of limits on the hours of operation at WPM, and Ms. Gibbs answered in the affirmative. Council Member Hawkins stated that the specifications and justification statement for the WPM include repeated references to tenants as "retailers," and includes references to a food court and storage. Council Member Hawkins stated that there was no information included in the WPM application to allow for a service type business. Council Member Hawkins stated that the information submitted by the applicant for a special land use permit specifies uses for retail sales, a food court, and storage. Council Member Hawkins stated he is not certain that a business such as CBDS would be a qualified use under the conditions of the special land use permit which was issued to WPM. Ms. Gibbs stated that CBDS will have retail sales, including skin care and body care products. Mayor Bacon stated he recently saw the space which Ms. Gibbs is renovating for CBDS, and commented favorably about it. Mayor Bacon stated that when application was made for the special land use permit for WPM, which is only valid for two years, the applicant made repeated references to retails sales uses, with no mention of businesses comparable to CBDS. Council Member Cramer asked Ms. Gibbs if there are other local establishments that offer a combination of massage services and retail sales of related products, and Ms. Gibbs answered yes, and gave at least one example. Council Member Lnenicka asked Ms. Gibbs where she would obtain her message therapy clients, and Ms. Gibbs stated she has worked in the message therapy field for many years, and provided details of her professional contacts. Mayor Bacon asked Mr. Cochran how WPM could offer two year leases when the special land use permit must be renewed every two years, and Mr. Cochran suggested WPM leases may be conditioned upon renewal of the special land use permit. Council Member Hawkins stated he does not believe a massage practitioner's establishment fits with the conditions of the special land use permit. MOTION: Council Member Hawkins made a motion to deny the privilege license request for a massage practitioner's license for Chattel Bajan Day Spa at 3205 A South Cobb Drive for Antoinette D. Gibbs. The motion was seconded by Council Member Scoggins. Council Member Newcomb stated he recently visited WPM and saw what appeared to be a hair styling salon at that location. Council Member Hawkins stated that service type businesses should not be operating at WPM, and that the conditions of the special land use permit are unique to the WPM location. Council Member Hawkins stated that the special land use permit can not be compared to zonings throughout the City. Mayor Bacon reiterated that when application was made for the special land use permit for WPM, the applicant made repeated references to retails sales uses. Ms. Gibbs expressed the view she was misled by City representatives into believing that the subject location is suitably zoned for the type of business she is proposing. Council Member Hawkins stated the special land use permit for WPM was issued with very specific conditions as to what types of January 21, 2003 13 businesses can operate there. Council Member Hawkins stated that only chiropractors are exempt from the requirement of a privilege license to provide therapeutic massage services. Ms. Gibbs asked Council Member Hawkins if manicures and pedicures will also be excluded. Council Member Hawkins stated that the line of related products previously alluded to can be sold at the retail level at WPM. Council Member Hawkins reiterated that, in this instance, WPM is not covered by regular zoning guidelines, but rather the specific conditions of a special land use permit. Council Member Hawkins stated the special land use permit was required for the type of operation that WPM is in order to have some regulation over what types of businesses can be located there. Council Member Hawkins reiterated that WPM is limited to retail uses, a food court, and storage. Ms. Gibbs stated she was unaware of the restrictions at WPM at the time she applied for the license. Council Member Newcomb stated that he cannot support the motion, and that the distinction between some retail businesses and service businesses is not clear. Council Member Newcomb stated that he would like to postpone action on this matter until legal guidance can be obtained. Ms. Gibbs stated that many day spa type businesses are located around Smyrna in retail areas. Mayor Bacon asked Ms. Gibbs ifleasing representatives of WPM indicated that a massage and day spa operation would be a permitted use at the WPM facility, and Ms. Gibbs answered yes. Ms. Gibbs stated she has already been issued a business license for a day spa by the City. Council Member Cramer stated he cannot support the motion, and that there are many day spas throughout the City which are operating illegally. Council Member Cramer stated the applicant is a licensed massage therapist, and that she has a business license for a day spa. Mayor Bacon stated it is evident that Ms. Gibbs is a licensed professional, and Ms. Gibbs provided further information about her credentials. Council Member Hawkins reiterated that the special land use permit was approved for WPM with very specific conditions, and stated he is surprised that a hair care business is operating at WPM. Ms. Gibbs stated she had a license in Marietta for many years without any problems. The motion to deny the privilege license request for a massage practitioner's license for Chattel Bajan Day Spa at 3205 A South Cobb Drive for Antoinette D. Gibbs did not pass, with Council Members Lnenicka, Newcomb, Cramer and Pritchett in opposition. MOTION: Council Member Newcomb made a motion to table the privilege license request for a massage practitioner's license for Chattel Bajan Day Spa at 3205 A South Cobb Drive for Antoinette D. Gibbs until the February 3, 2003 Council meeting. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. Council Member Lnenicka advised Ms. Gibbs to review her lease agreement with WPM to determine if it contains language to the effect that she will not continue to be bound by the lease in the event WPM's special land use permit is not renewed. (N) Privilege License Request - Vehicle for Hire - Amigo Taxi Cab Service - 2650 B South Cobb Drive - Teresa Zayas-Zayas, Agent - Change in Ownership Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested privilege license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Cramer recognized Ms. Zayas-Zayas, and asked Ms. Zayas-Zayas if a vehicle used by Amigo Taxi Cab Service (A TC), which was recently observed operating in a damaged state, has been repaired, and Ms. Zayas-Zayas stated this was being attended to. Council Member Cramer asked Ms. Zayas-Zayas if bilingual personnel will be on duty at the office of ATC, and Ms. Zayas-Zayas answered in the affirmative. Council Member Cramer asked Ms. Zayas-Zayas January 21, 2003 14 if she will be working at the office of ATC, and Ms. Zayas-Zayas answered in the affirmative. Mayor Bacon asked Ms. Zayas-Zayas if the vehicles in the ATC fleet are in good working order. Ms. Zayas-Zayas stated that all ATC vehicles are in good order except #75, which is undergoing repairs. Mayor Bacon asked Ms. Zayas-Zayas if she understands that car repairs cannot be made at the ATC office, and Ms. Zayas-Zayas answered in the affirmative. Council Member Lnenicka advised Ms. Zayas-Zayas that the Council Members want a clean, safe taxi service to operate in the City. MOTION: Council Member Cramer made a motion to approve a privilege license request for vehicle for hire for Amigo Taxi Cab Service at 2650 B South Cobb Drive for Teresa Zayas- Zayas, Agent. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (0) Privilege License Request - Retail Pouring (Beer) - Brisa's Restaurant, Inc. - 1000 Windy Hill Road - Evangelina Rodriguez, Agent - Agent Change Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested privilege license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Hawkins recognized Ms. Evangelina Rodriguez and Ms. Sissy Santiagos (phonetic). Council Member Hawkins asked Ms. Rodriguez if it is correct that she has been employed as a manager at Brisa's since September of2002, and, with translation assistance from Ms. Santiagos, Ms. Rodriguez answered in the affirmative. Council Member Hawkins asked Ms. Rodriguez who is the owner of Brisa's, and, with translation assistance from Ms. Santiagos, Ms. Rodriguez answered she (Rodriguez) is the owner. Council Member Hawkins asked Ms. Rodriguez if she will be on the premises during hours of operation, and Ms. Rodriguez answered in the affirmative. Council Member Hawkins asked Ms. Rodriguez if she is familiar with the City's alcoholic beverage ordinance, and, with translation assistance from Ms. Santiagos, Ms. Rodriguez answered in the affirmative. Council Member Hawkins asked Ms. Rodriguez if she understands the requirements for the licensing of servers, including fingerprinting requirements, and, with translation assistance from Ms. Santiagos, Ms. Rodriguez answered in the affirmative. Council Member Hawkins asked Ms. Rodriguez if she understands the process of requiring appropriate identification from customers before serving any alcoholic beverages, and Ms. Rodriguez answered in the affirmative. MOTION: Council Member Hawkins made a motion to approve a privilege license request for retail pouring (beer) for Brisa's Restaurant, Inc., 1000 Windy Hill Road for Evangelina Rodriguez, Agent. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (P) Privilege License Request - Retail Package Sales (Beer, Wine & Liquor) - Dae Kwang, Inc., DBA Oasis Package Store - 3181 South Cobb Drive - Hong Sun Yi, Agent - Agent and Ownership Change Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested privilege license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. January 21, 2003 15 Council Member Hawkins recognized Mr. Hong Sun Yi, asked Mr. Hong if it is correct that Mr. Hong has been the manager at Oasis Package Store (OPS) since 1977, and Mr. Hong answered in the affirmative. Council Member Hawkins asked Mr. Hong if he is buying this business, and Mr. Hong answered in the affirmative. Council Member Hawkins asked Mr. Hong if he will be working on the premises, and Mr. Hong answered in the affirmative. Council Member Hawkins asked Mr. Hong ifhe is familiar with the City's alcoholic beverage ordinance and State regulations, and Mr. Hong answered in the affirmative. Council Member Hawkins asked Mr. Hong if he is familiar with the process of requiring appropriate identification from customers before selling any alcoholic beverages, and Mr. Hong answered yes. Council Member Hawkins reiterated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested privilege license. MOTION: Council Member Hawkins made a motion to approve a privilege license request, and agent and ownership change, for retail package sales (beer, wine and liquor) for Dae Kwang, Inc., DBA Oasis Package Store at 3181 South Cobb Drive for Hong Sun Yi, Agent. The motion was seconded by Council Member Cramer. Motion was approved 6 - O. (Clerk's Note: Council Member Wood was not present at the time of the vote). (Q) Privilege License Request - Retail Pouring (Beer, Wine & Liquor) - Apple Restaurants, Inc., DBA Applebee's Neighborhood Grill and Bar - 2728 Spring Road - Brian 1. Keiser, Agent - Agent Change Mr. Wright stated that inquiry by the City police department has disclosed no information which would preclude issuance of the requested privilege license. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Pritchett recognized Mr. Brian Keiser, and asked Mr. Keiser if the application is for an agent change, and Mr. Keiser answered in the affirmative. Council Member Pritchett asked Mr. Keiser ifhe is familiar with the undercover inquiries made to check for compliance with alcohol sales regulations, and Mr. Keiser answered in the affirmative. Council Member Pritchett asked Mr. Keiser to provide details to those present about the policies and procedures at Applebee's Neighborhood Grill and Bar (AGB) for ensuring compliance with alcoholic beverage sales regulations. Mr. Keiser stated the AGB servers undergo training in the area of responsible sale of alcoholic beverages. Mr. Keiser stated that AGB servers are required to request appropriate identification from customers who are not obviously at least thirty years of age. Mr. Keiser stated that AGB servers are required to sign a statement acknowledging that they under- stand the laws and regulations pertinent to alcohol sales. Mr. Keiser stated that AGB servers are advised that failure to comply with alcoholic beverage sales regulations will result in termination of employment. Council Member Pritchett asked Mr. Keiser if he has served as an agent before, and Mr. Keiser answered no. Council Member Pritchett asked Mr. Keiser what hours he will be on the premises at AGB, and Mr. Keiser stated he will be at that location two or three days a week at various hours. Council Member Pritchett asked Mr. Keiser who will be the responsible person on the premises at AGB when he is not there, and Mr. Keiser stated a general manager will be on duty at AGB during business hours. MOTION: Council Member Pritchett a motion to approve a privilege license request for retail pouring (beer, wine and liquor) for Apple Restaurants, Inc., DBA Applebee's Neighborhood Grill and Bar at 2728 Spring Road for Brian 1. Keiser, Agent. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. January 21, 2003 16 FORMAL BUSINESS: (A) Validation of Application for Annexation - Land Lot 490 - 0.562 Acre Tract- Allan Khalife Mr. Wright stated the subject property is presently zoned GC in Cobb County and, if annexed, the use is expected to remain unchanged. Mr. Wright stated the City Engineer has reviewed the submitted legal description with satisfactory results. The legal description of the subject property is as follows: All that tract or parcel ofland lying and being in Land Lot 490 of the 1 ih District, 2nd Section of Cobb County, Georgia, containing 0.562 Acres (24,490 square feet) and being more particularly described as follows: Beginning at the northeast intersection of Dixie Avenue and Belmont Avenue, and running thence North 10 degrees 36 minutes 51 seconds West along the east right-of-way of Dixie Avenue a distance 77 .15 feet to an iron pin; thence continue running North 09 degrees 19 minutes 16 seconds West along the east right-of-way of Dixie Avenue a distance of 63.90 feet to an iron pin and the northwest property comer; thence running North 71 degrees 05 minutes 56 seconds East a distance of 164.10 feet to an iron pin and the northeast property comer; thence running South 03 degrees 10 minutes 44 seconds East a distance of 169.92 feet to an iron pin and the north right-of- way of Belmont Avenue; thence running South 73 degrees 48 minutes 49 seconds West along the north right-of-way of Belmont Avenue a distance of 124.25 feet to an iron pin; thence running North 60 degrees 45 minutes 09 seconds West along a right-of-way chamfer a distance of23.79 feet to an iron pin and the point of the beginning. MOTION: Council Member Scoggins made a motion to approve the validation of application for annexation for Land Lot 490 for a 0.562 acre tract for Allan Khalife with a public hearing date set for February 17,2003. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (B) Approval to Fix and Advertise Qualification Fees for the 2003 City General Election Mr. Wright stated that State law requires the election qualification fee to be 3 percent of the total gross salary of the office paid in the preceding calendar year. Mr. Wright stated that the qualification fee for the office of mayor will be $441, and the fee for council member posts will be $333. MOTION: Council Member Wood made a motion to approve the fixing and advertisement of qualification fees for the 2003 City General Election. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of January 6, 2003 minutes. January 21, 2003 17 (B) Approval to Use Council Chambers for a Ward 6 Neighborhood Meeting on January 15, 2003, from 6:30 p.m. - 9:30 p.m. (C) Approval to Use Council Chambers for a Sandtown Village Development Group Meeting on January 9, 2003 from 7:30 p.m. to 9:30 p.m. (D) Award of Bid # 3-021 for a Digital Voice Recorder System for the Police Department The Purchasing Department solicited bids for a new digital recorder. Six companies submitted bids ranging from $34,835 to $90,729.40. The lowest bidding purveyor did not meet bid specifications. Purchasing recommends award of bid to Voice Print International, the lowest bidder to meet specifications, in the amount of $42,776 (E) Approval to Authorize the Mayor to Sign a Contract with Willmer Engineering for Groundwater Monitoring The City has received a proposal for the installation of three monitoring wells in the Market Village area. Their scope of services would include drilling the wells, sampling the groundwater, and reporting this information to the Environmental Protection Division. The proposal is based on hourly rates with an estimated budget of$12,000. The City Engineer has reviewed this proposal and recommends approval. (F) Approval to Lift Outdoor Water Use Restrictions The Georgia Department of Natural Resources has distributed an official communication dated January 14,2003 announcing the removal of the statewide outdoor water use restrictions. The letter states that rainfall over the last several months has brought water supplies to levels sufficient enough to warrant a lifting of the restrictions. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Ciaccio, who reported that final interviews are being conducted for the vacant position of Parks Superintendent. Council Member Pritchett thanked Mr. Ciaccio for his work on the Comprehensive Master Plan for the Parks and Recreation Department. Council Member Pritchett recognized Mr. Seigler, who reported that City Library use statistics continue to trend upward. Mr. Seigler provided specific details of attendance and utilization. Mr. Seigler provided details of an upcoming income tax information program, in English and Spanish, which will be held at the City Library. Council Member Pritchett commended Mr. Seigler for his efforts, and cited the statistics as evidence of the quality of City Library operations. Council Member Pritchett recognized Ms. Bennett, who had no report. Council Member Newcomb stated Mr. Corey has no report. Council Member Newcomb yielded the floor with no report. Council Member Scoggins recognized Chief Hook and Chief Williams, who had no reports. Council Member Scoggins yielded the floor with no report. January 21, 2003 18 Council Member Hawkins recognized Ms. Hiott, who provided additional details concerning the matter of election qualification fees. Ms. Hiott stated that the advertisement of fees will be done no later than February 1, but the actual qualification period will be in September. Ms. Hiott stated that the qualification dates will be announced at a Council meeting in August. Ms. Hiott stated that information regarding the qualification process will be posted on the City's website. Council Member Hawkins provided details of an important arrest of a burglary suspect which was made recently in Ward 4. Council Member Hawkins commended Mr. Howard Martin for his alertness in connection with observing this suspect. Council Member Cramer recognized Ms. Kirk, who provided details of current and upcoming Keep Smyrna Beautiful (KSB) activities. Council Member Cramer asked Ms. Kirk to describe the results of the recent "Bring One for the Chipper" event, and Ms. Kirk stated that some 800 Christmas trees were dropped off for recycling. Council Member Hawkins asked Ms. Kirk to describe contingency plans for KSB functions in the event of inclement weather, and Ms. Kirk stated that if it is very cold, participants can turn out later in the day when the weather can be expected to be somewhat warmer. Council Member Cramer recognized Mr. Hildebrandt, who stated he recently received a report from the Georgia Soil and Water Conservation Commission (GSWCC) concerning a site visit some time ago during which the City's soil erosion control program was evaluated. Mr. Hildebrandt stated GSWCC rated the City's program as "good," which Mr. Hildebrandt believes is a favorable comparison with other municipalities in Cobb County. Mr. Hildebrandt commended Marty Peace for efforts in making the City's soil erosion control program a success. Council Member Cramer recognized Mr. Stokes, who had no report. Council Member Cramer stated he has received contacts from citizens who are expressing opposition to proposals by State officials to reduce the homestead exemption on property to help offset the current State budget deficit. Council Member Cramer stated the Mayor and Council may send a letter to State legislators to communicate to them the opposition of the City's elected officials to any such reduction in homestead exemptions. Council Member Lnenicka recognized Mr. Chris Miller, who provided current building permit statistics to those present. Mr. Miller provided details of the motion picture production currently under way at the Brawner facility premises. Council Member Wood stated Ms. Edgar has no report. Council Member Wood yielded the floor with no report CITIZENS INPUT: There was none. ADJOURNMENT: With no further business, the meeting was adjourned at 10:08 p.m. January 21, 2003 A. MAX BACON, MAYOR MELLENY PRITCHETT, WARD 1 BILL SCOGGINS, WARD 3 JACK CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 SUSAN D. HIOTT, CITY CLERK RON NEWCOMB, WARD 2 JAMES M. HAWKINS, WARD 4 WADE S. LNENICKA, WARD 6 19