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03-18-1996 Regular MeetingMarch 18, 1996 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 was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Administrative Services Coordinator Brenda Barrett, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Community Relations Director Kathie Barton, Clean and Beautiful Coordinator Ann Kirk, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and representatives of the press. Invocation was given by Reverend Grady Love, pastor of Smyrna Presbyterian Church, followed by the pledge to the flag. i CITIZENS INPUT: Mayor Bacon recognized Jim Peters, Republican candidate for the seat being vacated by Representative Matt Towery, House District 30, who is resigning this year. Mr. Peters announced he will be having a kick-off, fund-raising event at the Georgian Club on March 27 and invited everyone to attend. He stated the event will be co -hosted by Robert Baker and Stan Wise, Public Service Commission member, John Stuckey and Fred Cooper. Mayor Bacon recognized Ann Kirk who presented the City with a State award for placing second in the Business, Industry and Community Category for Composting. Ms. Kirk presented the plaque to Mayor Bacon and Councilman Scoggins. PUBLIC HEARINGS: (A) Business License Request - Atlanta Pawn, Inc. - 3247 South Cobb Drive Mayor Bacon stated it was his understanding that this application has been withdrawn. Mayor Bacon asked if the applicant was present. The applicant was not present. Councilman Hawkins made a motion that the business license request for Atlanta Pawn, Inc., at 3247 South Cobb Drive be denied. Councilman Scoggins seconded the motion. Motion was approved 6-0. (Councilman Cramer was not present during this portion of the meeting.) Mayor Bacon then asked if this denial of the business license request would affect the current business at that location. Mr. Camp replied it would not. (B) Variance Request - 4082 Vinings Mill Trail - Reduce Front Yard Setback from 25 feet to 24 feet Mr. Thomson stated the house located at 4082 Vinings Mill Trail is one foot over the building line and therefore the applicant must come before the Mayor and Council and request a variance. Mayor Bacon asked the applicant to come forward. He then announced this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Lnenicka asked Ms. Pat Zuckerman, the applicant representing Ryland Homes, to briefly explain why the variance is necessary. Ms. Zuckerman explained the construction of the home at 4082 Vinings Mill Trail was begun in February and when the survey was done by the builder, they discovered that the bay window was one foot over the building line. She indicated construction has been stopped awaiting the variance request. Ms. Zuckerman stated there are no property owners on either side of the property and it will not have any adverse effect on anyone. She stated the only portion of the property that is in question is on the front side of the lot and is the bay window. Councilman Lnenicka asked Ms. Zuckerman if she has had to request variances in the past. Ms. Zuckerman responded she has been building homes for approximately 15 years and this is the first variance she has had to request and she hopes it will be the last. Councilman Scoggins asked Ms. Zuckerman if the house is under contract. Ms. Zuckerman responded it is and would cause a hardship to Ryland Homes at this point because there is a completion date and obviously the concrete can not be moved. Councilman Lnenicka made a motion the variance request at 4082 Vinings Mill Trail to reduce the front yard setback from 25 feet to 24 feet be approved. Councilman Wood seconded the motion. Motion was approved 6-0 (Mr. Cramer was not present during this portion of the meeting). March 18 1996 meeting - continued Ms. Zuckerman stated that Ryland Homes is committed to excellence in the community and they are currently involved in the Habitat for Humanity House in Smyrna and she also commended the Smyrna Building Department for their professionalism and specifically Mr. Robin Broyles. (C) Variance Request - 2700 Curtis Drive - Increase height of Flag Pole from 35 Feet to 50 Feet Mr. Thomson stated Holiday Inn wants to put up a taller flag pole. He stated the increase in the flag pole height is part of the renovation planned for the property and want to increase the height from 35 feet to 50 feet. Mayor Bacon asked the applicant to come forward. He then announced this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilwoman Capilouto asked the applicant, Mr. Westcott, to briefly explain why the variance is being requested. Mr. Westcott stated the architectural firm from Chicago, who did the preliminary take -off on the job, suggested two 35-foot flag poles. Once the owners did a site inspection, they realized 35-foot flag poles would not be visible. He stated the purpose of the flag poles is to be seen and attract attention. Mr. Westcott stated the American flag will be flown on the 50-foot pole with the Holiday Inn Express flag flown at the 35-foot height. Councilwoman Capilouto made a motion the variance request at 2700 Curtis Drive to increase the height of the flag pole from 35 feet to 50 feet be approved. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Mr. Cramer was not present during this portion of the meeting). (D) Rezoning Request - 3549 South Cobb Drive - From F.C. (Future Commercial) to L.C. (Limited Commercial) Mr. Thomson stated the applicant wants to rent the building and have it serve as an accounting office. He stated the property has been a single-family home. Mayor Bacon asked the applicant, Mr. James Crist, to come forward. He then announced this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Hawkins asked Mr. Crist to briefly explain why the variance is needed. Mr. Crist stated he is asking that the property be rezoned Limited Commercial so it can be used as an accounting office. Mr. Crist stated they have completely renovated the property and have a contract to buy the property if it can be used as an accounting office. He stated the accounting office would be a three -person office for a wallpaper company that is located on Concord Road in Smyrna. He stated the wallpaper company wants to move their bookkeeping office to this location. He stated the house will not be modified, the yard will not be modified at all, the company will move into the property as is. He further stated there will be three employees on the premises working normal business hours - 9:00 a.m. - 5:00 p.m. - and possibly some Saturday mornings. He stated the Limited Commercial zoning is being respectfully requested. Councilman Hawkins asked if there would be any curb cuts on McCauley. Mr. Crist stated there would be no curb cuts on McCauley and stated there is a chain -link fence on the property around the property on the north -south side and that fence dissects the lot in half. He further stated the rear portion of the lot, beyond the fence, is heavily wooded and will be left as is. Councilman Hawkins made a motion the property at 3549 South Cobb Drive be rezoned from Future Commercial to Limited Commercial. Councilman Scoggins seconded the motion. Motion to rezone the property was approved 6-0 (Mr. Cramer was not present during this portion of the meeting). (E) Variance Request - 3549 South Cobb Drive - Reduce Side Yard Setback from 50 Feet to 17 Feet Mayor Bacon stated this is the same property as discussed above. He further stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Hawkins stated this variance is necessary due to the building standards and when you change from one zoning category to another, the building setbacks are different. He stated that since the above referenced property has been rezoned from G.C. to L.C. and the property is abutted on both sides by residential property, the building setback becomes 50 feet and a side yard setback is now 10 feet. He March 18 1996 meeting - continued 'stated nothing will actually change, but the fact that the zoning has been changed requires the setback changes. Councilman Hawkins made a motion the variance request at 3549 South Cobb Drive to reduce the side yard setback from 50 feet to 17 feet be approved. Councilman Wood seconded the motion. Motion was approved 6-0 (Mr. Cramer was not present during this portion of the meeting). Councilman Hawkins stated Mr. Potter and Mr. Adair, the adjoining property owners, have signed affidavits stating they have no objections to the variance being granted. (F) Rezoning Request - 3.57 Acres on Spring Road (Next to Blackeyed Pea Restaurant) from G.C. to T.S. Mayor Bacon asked the applicants to come forward. He then announced this is a public hearing and asked if there was anyone present in opposition to the granting of the rezoning request. Several persons were sworn in. Mr. Camp administered the oath to everyone who came forward. Councilwoman Capilouto asked Mr. Thomas Cobb, Homestead Village, to briefly describe why the rezoning is necessary. Mr. Cobb stated Homestead Village is a subsidiary of Security Capital Group, which is a large real estate developer throughout the country. He stated the company has over $5 million of real estate in the United States; two of their funds are traded on the New York Stock Exchange; their investments utilize very little leverage and they build and operate them for long-term value. In order to maintain that long-term value, they must consistently provide and operate quality projects such as Homestead Village. He also stated Homestead Village has been extremely successful in that regard. He stated they have a staff of over fifty professionals dedicated to the development portion of the business and over 100 professionals dedicated to the operations portion. Mr. Cobb stated Homestead Village is an extended stay business hotel; all are newly built and owned and operated by Homestead Village - not franchised out. He stated they are a two-story design with very strong emphasis on landscaping. He stated Homestead Village does not provide any restaurants, lounges or meeting rooms. Mr. Cobb stated the typical customer for their services is a business person on temporary assignment, training, or relocation to an area. He further stated approximately 91% of their customers' stay is business related with an average annual income of over $60,000; 60% of their guests are college graduates. He stated the rooms are geared toward the business person, with each guest having a voice mail box to be used for business purposes; the rooms have a work center. He stated the Spring Road site gives very good access to I-285, I-75, and the Cumberland-Galleria area. Mr. Cobb then introduced Mr. John Patterson, Senior Vice President responsible for marketing and operations. Mr. Patterson stated there are currently twenty-four Homestead Village properties in seven different markets which they operate. He stated they conduct back -ground checks on all their prospective employees; conduct substance abuse tests before a job offer is made; have an all inclusive training program; safety is an important issue and they retain a company "Hospitality Risk Controls" that advises them on matters of lighting, fencing and other guest/employee safety issues. He stated at each of their facilities they have a dedicated unit that is a non -revenue producing unit which is used as a model to explain to people what Homestead Village is. Councilman Wood asked Mr. Cobb if Atlantic Homestead is a subsidiary of Security Capital. Mr. Cobb responded it is. Mr. Wood asked how many buildings would be at this site. Mr. Cobb responded three with a total of 137 units, guest rooms. Mr. Wood asked about the exterior facade of the building. Mr. Cobb responded the exterior is stucco, dryvet or stone finish, grey with white accent and blue trim. Mr. Wood asked about the rate structure. Mr. Cobb referred that question to Mr. Mark Riley. Mr. Riley stated the rates would range from $220 - $300 per week. Mr. Wood asked if the property would be fenced. Mr. Riley responded it would. Councilwoman Capilouto asked Mr. Patterson how they would monitor the number of people staying in a unit. Mr. Patterson responded they provide twice weekly housekeeping service and as part of their procedure a manager inspects each unit twice weekly for the purpose of insuring the quality of the housekeeping services. The standard unit will be 260 square feet and it will be very easy for management to monitor the number of people staying in the unit by the amount of belongings in the unit and the use that is going on with the use of towels, extra pillows, blankets, etc. He further stated the unit is not made for more than two people and they do not want more than two people in each unit. He further stated their maintenance engineers are in and out of the unit performing preventative maintenance work. He further stated there is a resident manager/assistant manager who lives on the property and it is easy for them to see what goes on even if the office is closed and their is only one access to this property. 3 March 18 1996 meeting - continued They also have a night-time security officer who writes down the license plates of the cars so they can match them to the guests. Ms. Capilouto asked about the kitchen facilities. Mr. Cobb responded there is very limited kitchen facilities; a full-sized refrigerator, small two -burner cook top, small microwave, four sets of plates and glasses, pots and pans. Ms. Capilouto asked about proof of identification; Mr. Cobb responded they require a picture ID before allowing anyone to rent a unit; she then asked about security and Mr. Cobb responded they are negotiating a national contract with Pinkerton. He stated they would use an off -duty police officer provided they could meet the company's vendor requirements. Councilman Scoggins stated he was impressed with the presentation. Councilman Hawkins asked about the hotel/motel tax and if it applied to the units. Mr. Cobb responded the tax would be assessed in the weekly rental fees. Mayor Bacon asked when the project would begin, if the rezoning is granted. Mr. Cobb responded in approximately three months at a total cost of approximately $5 million. Councilman Lnenicka asked if the proposed entertainment business located next door to their location, would create any problems (with the noise level) for their guests. Mr. Cobb responded it could be a problem but they plan to be considerate neighbors for any business. Mr. Ralph Hancock spoke in support of the proposed development. Councilman Newcomb stated he thought it should be noted that the property in question is currently zoned General Commercial and therefore there are a lot of uses that could generate a lot of traffic on Spring Road. He stated he feels the Homestead Village will generate less traffic than some of the other businesses that could be put on the property. Councilwoman Capilouto asked if there is any chance the name of the business could be different from Homestead Village Weekly Studios and wondered if that is a possibility. Mr. Cobb stated that he understood the concern was with the wording "weekly studios" and Ms. Capilouto stated that was correct. Mr. Cobb said they might reluctantly give in to that but they preferred to have the same identification throughout the country. Mr. Cobb said they would work with the city on an alternate name. Ms. Capilouto stated she would like to see the facility use off -duty police officers if they could meet the vendor criteria discussed earlier. Councilwoman Capilouto made a motion that the rezoning request for 3.57 acres on Spring Road (next to Blackeyed Pea Restaurant) from General Commercial to Tourist Services be approved. Councilman Lnenicka stated he appreciated the time and effort the company has put into the presentation. He stated his concerns are of a more legal nature and felt the city might be dismantling the tourist services ordinance for future applications and other sites for the city. He stated for those reasons he could not support the motion because he is concerned about the variances and the effect it will have on the ordinance. He stated he is also concerned about the adjoining property which is zoned General Commercial which has a night club under construction. He stated he was not sure this is a suitable use for the property - next to an entertainment complex. Mr. Cobb stated they were not aware the entertainment facility was very far along in the planning stages. Councilman Scoggins seconded the motion to approve the rezoning. Motion was approved 6-1 with Mr. Lnenicka opposed. (G) Variance Request - Southwest Corner of Spring Road and Sports Avenue to Waive Required Recreational Area Mr. Thomson stated the variance request is to waive the requirement of one acre of recreational area for each fifty units. He stated the number of units planned for the development, 137, would require approximately 2.7 acres of recreational area and this is the requirement they are asking to be waived. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. March 18 1996 meeting_:_ continued Councilwoman Capilouto stated she did not feel there was any need to discuss this request as it was discussed earlier. Ms. Capilouto made a motion the variance request at the southwest corner of Spring Road and Sports Avenue to waive the required recreational area be approved. Councilman Scoggins seconded the motion. Motion was approved 5-2 with Mr. Hawkins and Mr. Lnenicka opposed. (H) Variance Request - Southwest Corner of Spring Road and Sports Avenue - Change Setback Requirements from those Required in RM-12 (Section 715.2(B) to those Required in T.S. (Section 802) Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilwoman Capilouto stated this has been discussed and Mr. Cobb would explain the request. Mr. Cobb stated there were more than just setback requirements involved. He stated the zoning ordinance requires extended stay facilities to meet RM-12 area use and height requirements. He stated the setback requirements have been addressed and they will be meet the requirements as well as meet all the parking requirements. He stated there are two other areas of concern involving density. He stated the density under RM-12 would be twelve units per acre which would require the need for an excess of eleven acres of land. He stated the land is not available and the hardship that would place on them necessitated the need for this variance request. He stated the other variance involves the size of the units. He stated under the RM-12 requirement the one -bedroom unit would have to be 600 square feet and there is not room on the site to allow for this. Councilman Lnenicka asked Mr. Cobb how many variances are being requested. Mr. Cobb responded they are asking for one variance - to allow them to meet tourist service area height and setback requirements. He stated within that request there are several parts to it. Mr. Cobb stated there were two components involved - density and the size of the units and the requirement that no more than 35% of the lot can be built upon which is affected by the density requirement. Councilwoman Capilouto made a motion that the variance request at the southwest corner of Spring and and Sports Avenue be approved to allow the applicant to vary from Section 715.2(b) regulating area, yards and height requirements and allow them to build in conformance with TS requirements in Section 802. Councilman Newcomb seconded the motion. Motion was approved 5-2 with Mr. Hawkins and Mr. Lnenicka opposed. (I) Variance Request in Land Lot 684 (Along I-285 Right -of -Way) to Erect a Billboard and Increase Height from 35 Feet to 70 Feet Mayor Bacon stated that Items 3-I, 3-J, 3-K and 3-L are all related and can be addressed at one time. Mr. Thomson stated the applicants wish to replace the old five -pole billboards with a new monopole billboard and increase the copy area from 75 to 1200 square feet and the height requirement increased to 70 feet. Mayor Bacon asked the applicant, Mr. Jimmy Freeman, to come forward. He then announced this is a public hearing and asked if anyone was present in opposition to the granting of these variance requests. There was none. Councilman Wood stated these four items are related and pertain to outdoor advertising billboards that are visible from I-285. He stated the city is not proposing to change any policy/ordinance of the city of Smyrna relative to billboards. He stated there are four or five billboards that are visible from I-285 that are on property located in the City. He stated all this property was annexed into the city and those billboards were grandfathered in. He further stated what they are talking about in height is in effect an enhancement of the existing billboards and a reduction in that. He then asked Mr. Freeman to explain what he is requesting. Mr. Freeman stated the boards were already existing when the property was purchased and brought into the city. He also stated this involves a tract of a little over 100 acres that runs along I-285 on the west side. He stated he feels they will improve the aesthetics of this community by making these changes. He stated they are requesting the city to allow them to remove three boards and re -install two boards and raise them so their truck dealership will be more visible from the interstate. He stated they have been negotiating with the people who own the structures and they have agreed to removing the three boards and replacing them with two depending on the granting of the variance request presented this evening. 5 March 18 1996 meeting - continued He also stated that by moving the boards higher, the view of the truck dealership will be improved and also improves the security because of the lighting and helps them avoid excessive tree trimming. Councilman Wood stated he and the city engineer went to the site of the signs today and he stated the City. is not changing anything in respect to the policies or ordinances relative to billboards. He stated these billboards are not visible to any residential areas in the city, they are visible from I-285 between South Cobb Drive and the county line at the river. He stated there was a little bit of a discrepancy relative to the size of the copy on these requests. He further stated he and Mr. Hildebrandt, the City Engineer, visually inspected the sign locations today and the actual copy portion of the signs will not be much more than what is already there. He stated it is hard to tell the exact measurements but he stated the distance between the steel posts is approximately 10 feet and if you calculate that it appears that the sign is about 60 feet in width and somewhere between 15 and 20 feet in height from the base as far as the sign itself is concerned. He stated he was not sure where the 75 square feet mentioned in the request came from but he felt that was in error. Mr. Freeman stated the 75 feet was not a figure he put in; he said the only thing they negotiated with the owners of the structures and when they got the very best arrangement they could get from them and still make the change, that is what he brought to the city. Mr. Wood stated all outdoor advertising signs are governed by State law and all signs must comply with the State laws. Councilman Lnenicka asked Mr. Freeman how tall the truck dealership building was going to be. Mr. Freeman responded the eave height is going to be 18' and then will have a pitch in the roof so it is dependent on where the building is measured. Mr. Freeman stated the building will be considerable higher in the middle than on the sides. Mr. Lnenicka asked about the setback from I-285 will be as the request indicates "0" feet. Mr. Freeman stated it would be whatever the State's requirements are. Mr. Wood responded it would be right on the line. Mr. Freeman stated it would be right on the line and out of the dealership's way as much as possible. Mr. Lnenicka asked if there was any ability to have the signs less than 70' in height and still be able to see the dealership under the signs. Mr. Freeman stated there may be but the 70' is the maximum and is not a number that he is familiar with as far as what the company that owns the structures needs. He stated that is the maximum and that is what they negotiated. Mr. Lnenicka asked if the signs will be at the maximum 70' if approved. Mr. Freeman stated if the signs need to be 68' that is what the company would build. Councilman Newcomb asked about the close proximity of homes and the effects the lights from the signs might have on them. Mr. Freeman stated there are no residences close to the signs and therefore the lights would not interfere with any residence. Mr. Freeman stated he feels the height will increase the security of the truck dealership as it will have an effect on their front area. Mr. Newcomb asked what will happen to the third sign that is currently on the property. Mr. Freeman responded it will go away. Mr. Newcomb asked who will control what goes on the billboards. Mr. Freeman responded he has not authority over what goes on the signs; there is an existing lease on the signs and he has no control over what is advertised, it is left up to the company that owns the structures. Councilman Wood stated if these variances are approved, the height limitations or adjustments, what the city will have is one less billboard in Smyrna, you will have an enhanced structure and will be helping a local business and the development of that property that is in the City limits of Smyrna. Councilman Wood stated with that background he would take the issues one at a time. Councilman Wood stated for Item 3-I - Variance request in Land Lot 684 (Along I-285 Right -of -Way) to erect a billboard and increase height from 35 feet to 70 feet - the city is not really erecting a billboard it is replacing a billboard and increasing the height from 35 to 70 feet; Item 34 - Variance request in Land Lot 684 (Along I-285 Right -of -Way) to erect a billboard and enlarge the copy area from 75 square feet to 1200 square feet; Item 3-K - Variance request in Land Lots 56, 57, 60 and 61 (Along I-285 Right - of -Way) to erect a billboard and increase height from 35 feet to 70 feet and Item 3-L - Variance request in Land Lots 56, 57, 60 and 61 (Along I-285 Right -of -Way) to erect a billboard and enlarge the copy area from 75 square feet to 1200 square feet [Mr. Wood stated he felt the 75 square feet listed in items 34 and 3-L were incorrect and should be noted that is an incorrect figure] be approved as separate items. Mr. Wood moved approval of Item 3-I. Councilman Newcomb seconded the motion. Councilman Lnenicka stated he would only make his comments one time. He stated he opposed the variance request because he thinks the city is perhaps letting the genie out of the bottle when tampering with the sign ordinance to vary it to allow billboard construction. He further stated he was not sure from conversations with the City Attorney what direction that might take the city in the future in terms of other people wanting to put billboards on their property. He stated it is not allowed in the city's sign ordinance and the county does not allow it in their ordinance so he stated he was unsure how any billboard being mounted 70 feet high is an enhancement to the City of Smyrna. He stated he therefore opposed all the March 18 1996 meeting - continued variances. Councilman Newcomb asked Mr. Wood if in essence by approving this variance, the city is honoring a commitment to a couple of billboards that are grandfathered, that when the property was annexed into the City the billboards were there. Mr. Wood responded that was correct. Mr. Newcomb then stated that legally the city could probably say "no" anyway but in a way the city is trying to honor that commitment. Mr. Newcomb then asked if it is the case that if the city does approve this, the city is not changing the ordinance in any way. Mr. Wood stated that was correct. Mr. Newcomb stated the city is still opposed to billboards and if these were new sign locations they would not be supported by the current ordinance. Mr. Wood stated that is correct. Mr. Wood asked everyone to keep in mind that these are not new signs, but replacement, two replacements for three existing signs with other enhancements. Mayor Bacon stated if the city does not approve this tonight, you will still have three billboards on I-285 at the same location. Mr. Wood stated yes. Mr. Newcomb stated this does not present a change in the policy. Mr. Wood stated he has asked the attorney's office, Mr. Cochran, in particular, and he asked Mr. Cochran to come forward. Mr. Wood stated to Mr. Cochran that they discussed that by approving this replacement, the city is not changing the ordinance nor are we setting a precedent that says we approve new billboards or the construction of new billboards. Mr. Cochran "responded it does not in any way change the ordinance at all. All it does is give a variance for these two particular units. The ordinance itself will remain the same. Mr. Cochran further stated if the city changes the ordinance by making a zone along I-285 or something of that nature, then in fact it would open Pandora's box, but under these circumstances, it will always take a variance for anybody coming back in. He also stated he thought the city would be very safe in the future to deny any future billboards. Mayor Bacon stated he did not think anyone on council wanted to do anything that would allow any billboards on South Cobb Drive, Spring Road, Atlanta Road, Concord Road, Cobb Parkway or any of those areas that are inside the City limits of Smyrna. He stated he thought this was a very unique situation where you have existing billboards. He said he looks at it as if the city is actually getting rid of a billboard, not really adding two billboards, but getting rid of one. Mr. Cochran said the city was possibly was enhancing those that are there insofar as aesthetics are concerned because those that are there now have multiple posts, where you are only going to have one on these. Mr. Lnenicka then asked Mr. Cochran if it was his opinion that another property owner who has a sign that he wanted to vary, in terms of height or copy area, could not use these precedents as a legal argument to propose that he be allowed to do the same thing. Mr. Cochran responded he was of the opinion that each case would stand on its own merit and you would have to examine each and everyone of them. Mr. Lnenicka then stated that the possibility is there that it could. Mr. Cochran stated there is always the possibility but he did not personally think that it changes the legal position of the city at all. Councilman Cramer asked Mr. Freeman if there is a lease on the existing sign that is being removed. Mr. Freeman stated they are swapping these leases off and the advertising company is agreeing to trade the three leases off for two new signs. Motion was approved 6-1 with Mr. Lnenicka opposed. (J) Variance Request in Land Lot 684 (Along I-285 Right -of -Way) to Erect a Billboard and Enlarge the Copy Area from 75 Square Feet to 1200 Square Feet Councilman Wood made a motion the variance request in Land Lot 684 (Along I-285 right of way) to erect a billboard and enlarge the copy area from 75 square feet to 1200 square feet be approved. Councilman Scoggins seconded the motion. Motion was approved 6-1 with Mr. Lnenicka opposed. (K) Variance Request in Land Lots 56, 57, 60 and 61 (Along I-285 Right -of -Way) to Erect a Billboard and Increase Height from 35 Feet to 70 Feet Councilman Wood made a motion that the variance request in Land Lots 56, 57, 60 and 61 (Along I-285 right of way) to erect a billboard and increase the height from 35 feet to 70 feet be approved. Councilman Cramer approved the motion. Motion was approved 6-1 with Mr. Lnenicka opposed. (L) Variance Request in Land Lots 56, 57, 60 and 61 (Along I-285 Right -of -Way) to Erect a Billboard and Enlarge the Copy Area from 75 Square Feet to 1200 Square Feet Councilman Wood made a motion that the variance request in Land Lots 56, 57, 60 and 61 (Along I-285 right of way) to erect a billboard and enlarge the copy area from 75 square feet to 1200 square feet be approved. Councilman Scoggins seconded the motion. Motion was approved 6-1 with Mr. Lnenicka opposed. (M) Rezoning Request - 24.94 Acres on Concord Road (North Side of Concord Road across from Mosswood Lane) from R-20 - Residential to RAD-Conditional, Single Family Detached Homes Mr. Thomson stated the applicant, Mr. Bradley Thompson, wants to develop an eight -lot subdivision having a density of 3.21 lots per acre and will also require a motion to change the Land Use Designation March 18 1996 meeting- continued having a density of 3.21 lots per acre and will also require a motion to change the Land Use Designation from Low Density Residential to Medium Density Residential although it falls in the low range of that. Mayor Bacon asked the applicant to step forward. He also announced this is a public hearing and asked if anyone was present in opposition to the granting of this rezoning request. Several persons stepped forward and were sworn in by the City Attorney. Councilman Wood asked Mr. Bradley Thompson to explain what he is requesting permission to do on this property. Mr. Thompson stated this property is approximately 25 acres on Concord Road with the majority being in Land Lot 241 and there is a small change to the description read by Mr. Bob Thomson. He stated there are actually 82 lots with two of the lots being used as a detention site. He stated he is currently looking to add approximately one-half to one acre to the site for the purpose of detention purposes. He then stated if he was not able to acquire the additional property he would use two of the existing lots for detention purposes. He stated the property in question is planned to be developed in two phases; the homes will be 1800 - 2400 square feet in size with the price range being in the $140,000 - $160,000 price range. He stated the front elevation and the exterior of the homes will be similar to what is currently in Grace Meadows as the builder for that development will also be building in this community. He further stated they plan primarily to have two-story homes, traditional in exterior, four bedrooms, two and one- half baths. He presented pictures to the Mayor and Council for their review. Mr. Thompson stated the community will not have an amenity package and if approved tonight they will begin construction in April and be selling homes the first part of July, hopefully. Councilman Scoggins asked how many lots were in the tract of land. Mr. Thompson responded eighty- two lots. Councilman Wood asked Mr. Thompson about the price range and Mr. Thompson stated the average price will be in the $150,000's and approximately 50% of the homes will have basements which will automatically add $15,000 to the price of the homes. Mr. Wood then asked if the average amount of heated space was in the 2100 square foot range. Mr. Thompson responded it would be approximately in the 2200 square foot range and this is actual heated space and does not include garages, basements, etc. Mr. Wood asked about the easements on the property held by AT&T and Colonial Pipeline. Mr. Thompson stated they have had an initial meeting with the people from Colonial Pipeline and he will do everything required of him by Colonial Pipeline; he said they do not have a final detail as to what will actually be required of them until they get the actual construction plans. Mr. Wood asked if he planned to have an entrance sign and Mr. Thompson presented pictures representative of the type sign he hopes to have. Mr. Wood asked if they planned to have a landscaped island as you enter the development off Concord Road and Mr. Thompson responded that was correct. Councilman Wood then asked about buffers between the residential properties on the back side of the property. Mr. Thompson responded within the Colonial Pipeline easement he is somewhat restricted for about 110 feet on Concord Road that he will not be allowed to do anything there, in terms of landscape material, with a mature height of more than four feet but he would like to install a two -rail split fence along the length of Concord Road with four -foot plant material; down the remaining portion he would like to build a small three to four foot berm with plant material to break up the look of the back of the houses. He stated there are only four houses that back up to Concord Road, with two of the lots being at the entrance way and you will be looking at the sides of those houses and the other two will be on a cul de sac with the rear of the houses facing Concord Road. Councilman Hawkins asked Mr. Thompson if he planned an accel/decel lane at the entrance to the subdivision. Mr. Thompson stated he did. Mr. Hawkins then asked if there was any way Mr. Thompson could buffer the space between Concord Road and the first homes with a 20 - 30 foot natural buffer, leave the trees in there to provide a natural buffer, and would he consider a 50-foot buffer on the right of way of Concord Road that would be left undisturbed. Mr. Thompson asked if he meant in addition to the right of way. Mr. Hawkins said he was not sure how wide the right of way is at that point. Mr. Thompson responded the right of way is 80 feet, actually 40 feet from the center of the road and generally the right of way is cleared. Mr. Thompson stated there is a 35-foot building line beyond the right of way which would place the house 75 feet from the center line of Concord Road. Mr. Hawkins stated he would like to see some type of buffer between Concord Road and the first house. Mr. Thompson stated there is a building buffer but whether or not he could do an undisturbed buffer he was not sure about. He said the grade in that area is fairly gentle so he could probably do some things that would please Council. Mr. Thompson stated he is here to build homes that people want to enjoy living in and looking at and have curb appeal. He said he would certainly try to work with the city but he could March 18, 1996 meeting - continued not wholeheartedly agree without having any construction plans. Mr. Hawkins how much undisturbed buffer could he put in there. Mr. Thompson responded he would have no problem with twenty feet particularly on lots 12 and 13. Mr. Hawkins asked Mr. Thompson if he would be willing to go on record as saying he would put a 20-foot undisturbed buffer from the right of way on Concord Road on these lots. Mr. Thompson said he would do that. Councilwoman Capilouto asked Mr. Thompson if he planned to have a Homeowner's Association with covenants. Mr. Thompson said yes, that was actually a requirement of the Planning and Zoning Board. Councilman Wood asked if the plat Mr. Thompson submitted to the city would be the one the City is dealing with. Mr. Thompson stated the original plat showed 80 lots and there was a revision period in which he submitted a plat with 82 lots and that is the one that he plans to develop. Mayor Bacon then asked the opposition to come forward and speak. Mr. Gary Osborne, 1675 Rosemoss Court in Patricia Place, presented a petition to the Council stating their concerns. He stated their concerns are not so much about the 'houses, but the number of the houses and the size of the lots. He cited the traffic congestion on Concord Road and he feels 80 additional homes will increase the congestion, impact on the schools and the impact on the entire community. He would like to suggest the number of homes be reduced and urged the council to take that into consideration before they grant a change in the zoning in regards to density. Mr. Johnny Plunkett, 91 Concord Road, voiced his concerns about the requested change in zoning, felt the development should be built in the current zoning and does not think the proposed zoning would benefit the community. He stated he was concerned that the property was annexed into the city with the purpose of having the zoning changed to accommodate his plans and feels the zoning change is premature. He stated the neighborhood is in a transitional area, the uncertainty of the East/West Connector, the proposed park that will be a part of the connector plans, the close proximity of the pipeline and the Historical District, the lack of playground space for children, lack of sidewalks, etc. Mr. J. L. Harmon, 3902 Adams Place, stated he was not opposed to the building of the development but was concerned about a buffer or fence that would be between his property and what is being proposed and the detention pond. Mr. Thompson showed him on the plat where the detention pond would be located. Councilman Wood asked Mr. Thompson to talk about the 30-foot rear yard setback and what he plans to do with the trees that are there. Mr. Thompson stated he wanted to leave as many trees as possible depending on the topography of the land. Mr. Hawkins asked what the buffer requirements are for abutting residential properties. Mr. Thompson stated the only stipulation is a rear building line but no buffer requirement. Mr. Thompson stated he would work with the property owners and provide some type buffer between the properties and will attempt to save as much vegetation as possible to provide a visual buffer between the properties. Mayor Bacon asked Mr. Thompson why the homes could not be built in the current zoning classification in response to a concern voiced by Mr. Plunkett. Mr. Thompson responded in the current R-20 Zoning Classification, the home would cost approximately $200,000 and he does not feel the market is such that would support the sale of homes in this price range. Councilman Wood stated he had addressed the issue of increased traffic on Concord Road with Mr. Croy, Director of the Cobb County Department of Transportation. Mr. Wood stated that according to Mr. Croy the traffic flow on Concord Road, with the completion of the East/West Connector, would decrease by 25%. Councilman Lnenicka stated for the record that Mr. Thompson had mentioned there will be some type detention site on this plat and asked Mr. Thompson what lots the detention site would be on. Mr. Thompson stated if he was able to acquire the off -site property, it would be on Lot 31 (northwest corner of the property) and the other one would be on Lots 21 and 22 - one of those two and possibly both of them. Councilman Wood stated he would like to note that the rezoning was unanimously approved by the Smyrna Planning and Zoning Board at their February 26, 1996 meeting. Councilman Wood made a motion the rezoning request for 24.94 acres on Concord Road (north side of Concord Road across from Mosswood Lane) to be rezoned from R-20, residential, to RAD-Conditional, single family homes be approved with the following stipulations: c March 18, 1996 meeting_- continued 1. Maximum number of lots - eighty-two (82). 2. Density not to exceed 3.2 homes per acre. 3. Minimum heated space per home 2,000 square feet on Concord Road; minimum on other lots 1800 square feet. 4. Minimum distance between houses - 15 feet. 5. Construction of homes will be in accordance with the plat submitted by the applicant and approved by the City of Smyrna to include minimum, but not limited to front, rear and side yard setbacks; that include minimum setbacks from the front 25 feet; rear 30 feet; side 7.5 feet with a minimum of 15 feet between houses. Applicant will comply with drainage, erosion control and tree ordinances of the City of Smyrna. 7. There will be a mandatory Homeowner's Association for subject development. The buffers will be provided as agreed to by Mr. Bradley Thompson, i.e., a 20-foot undisturbed buffer from the right of way of Concord Road for those houses which abut Concord Road; and install some type buffer between the rear yards of the newly constructed home where they abut other residential properties. 9. There will be an accel/decel lane if required by the traffic engineer after studying the entryway and ingress/egress from that property. 10. With the above conditions, that the pictures of the homes presented here will be representative of what is actually to be built in that development. Councilman Cramer seconded the motion to approve the rezoning. Motion was approved 7-0. (N) Request to Change Land Use Category on 24.94 Acres on Concord Road from Low Density Residential to Medium Density Residential Councilman Wood made a motion that in view of the rezoning just approved, the request to change the Land Use Category on 24.94 acres on Concord Road from Low Density Residential to Medium Density Residential be approved. Mr. Wood stated the developer can not build any greater density than what was approved in the foregoing motion, and any plan in there, or anyone submitting a future plan could not come in and build six units to the acre; it would have to be approved by this governing body. Councilman Newcomb seconded the motion. Councilman Lnenicka stated he did not think this council would vote to amend the submitted plan seen tonight for anything greater, in terms of density, that what was seen. He stated if Mr. Thompson sold the property tomorrow, there would not be six units per acre built on that property. Motion was approved 7-0. (0) Business License Request - Mexicar Taxi #2 - 1022-17 Windy Hill Road Mr. Thomson stated the applicants are requesting a taxi cab service license. He further indicated the Police Department investigation has revealed nothing that would preclude the issuance of this license. Mayor Bacon asked the applicants to come forward. He then announced this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. The applicants, Ricardo Pacateque and Jose Antonio Salvatierre and their attorney, Ms. Suzanne Boykin, came forward. Councilman Hawkins asked the applicants if they have been in the taxi business before and they responded they have. Mr. Salvatierre stated they operate in Chamblee, Doraville and Dekalb County. Mr. Hawkins asked if they have a taxi stand here in Smyrna and Ms. Boykin responded they have leased an office at 1022-17 Windy Hill Road. Councilman Hawkins asked the applicants if they planned to live at that address or was that their business address. Ms. Boykin responded that would be their place of business. Councilman Hawkins asked what would be at their place of business. Mr. Salvatierre responded they would have an office for dispatch, telephone, etc. Councilman Hawkins asked the gentlemen if they planned to become U.S. citizens and they responded yes. March 18 1996 meeting - continued Mayor Bacon asked who would be operating the business. Mr. Salvatierre responded they would be driving some of the vehicles and they would hire other drivers. Mayor Bacon asked the applicants if they understood the procedures the other drivers would have to go through to get their license to operate a taxi in the city of Smyrna. They responded they did. Mayor Bacon asked what type vehicles they planned to drive. Mr. Salvatierre responded they would drive six -cylinder, four -door sedans. Councilman Newcomb asked the applicants if they understood their vehicles had to be inspected and they have to provide the City with proof of insurance. They responded yes. Councilman Newcomb asked about the business location on Windy Hill Road. Mr. Newcomb asked if the taxis would be parked at that location while waiting for calls. Mr. Salvatierre responded no, the cars would be with their drivers. Mr. Newcomb stated the city has a problem with taxis being parked at homes and stated that would create a problem with the City. Ms. Boykin responded the drivers do not live in the city of Smyrna. Councilman Hawkins told the applicants that if something happened to their legal right to be in this country, they would automatically lose their business license. Councilman Hawkins read for the record that the Police Department investigation on both Mr. Pacateque and Mr. Salvatierre has revealed nothing that would preclude the issuance of this license request. Councilwoman Capilouto asked about the hours of operation. Mr. Salvatierre responded from 7:00 a.m. to 12:00 midnight. Councilman Newcomb stated the current ordinance requires that a taxi service be available for 24 hours a day. Mr. Salvatierre stated they could do that. Councilman Hawkins made a motion that the business license request for Mexicar Taxi #2 at 1022-17 Windy Hill Road be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Bid Opening (Sealed Bid #96004) - 100 Foot Aerial Platform Pumper for Fire Department Mayor Bacon asked if there were any bids in the audience. There were none. Mayor Bacon asked Chief Williams to explain what the city is planning to buy and why it is necessary to purchase the truck. Chief Williams stated the bid is for a truck to replace the 1982 model located at Station 2 that has been out of service a significant bit of time and the new truck will help the city maintain its fire rating. Chief Williams stated the city will retain the 1982 model and it will be used as a spare unit. The bids were opened and read as follows: Pierce Manufacturing, Inc. (Harless Fire Equipment) $614,962 Simons Ladder, Towers, Inc. $602,765 Councilman Cramer made a motion the bids be turned over to the Fire Committee for their review with a recommendation to be brought back before the Mayor and Council at the next meeting. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Bid Opening - Banking Services Mayor Bacon asked if there were any bids in the audience. There were none. Finance Director Claudia Edgar stated this is city's three main operating accounts and will be for a three-year contract for banking services for the City of Smyrna. The bids were opened and read as follows: Smyrna Bank and Trust South Trust Bank Wachovia Nations Sun Trust First Union $38,553 $41,390 $44,263.10 $22,033.40 $27,355 Amount not readily found Councilman Hawkins made a motion the bids be turned over to the Finance and Administration Committee for their review with a recommendation to be brought back before Mayor and Council at the next meeting. Councilman Scoggins seconded the motion. Motion was approved 7-0. March 18, 1996 meeting - continued COMMERCIAL BUILDING PERMITS: (A) Emory Adventist Hospital - 3903 South Cobb Drive - 6-Month Temporary Trailer Permit Councilman Lnenicka stated the pharmacy that is located on the front portion of the hospital property is undergoing renovation to have the asbestos removed. He then stated the six-month temporary permit is for the placement of a trailer on the property to house the pharmacy while the renovation is being conducted. Councilman Lnenicka made a motion the temporary trailer permit be approved for a period of six months. Councilman Cramer seconded the motion. Motion was approved 7-0. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of March 4, 1996, Minutes (B) Amend Bond Schedule - Increase Jaywalking Fine to $50 Councilman Hawkins made a motion the consent agenda be approved. Councilman Wood seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilwoman Capilouto asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr. Ciaccio announced the Easter Egg Hunt will be March 26 at the American Legion for children aged 6 years and younger; Smyrna Night at the Braves is May 14 and tickets are still available; reservations for bus seats is still available. Councilwoman Capilouto asked Michael Seigler for a report on the Library. Mr. Seigler stated there are three items he would like to mention: two exhibits at the Library - one by Nancy Clayborn and the other exhibit is by Mr. Eddie Rhodes; in February the library added 657 books to the library and of those 300 were donated. Councilwoman Capilouto announced there will be a Ward 1 meeting on Wednesday, April 3, at 7:30 p.m. at the Community Center and also the Falling Waters Homeowners Association will be having their meeting at City Hall on Sunday, March 24, at 7:00 p.m. Councilman Scoggins asked Ann Kirk for a report on the Smyrna Clean and Beautiful Department. Ms. Kirk stated the recycling for the month of February was very good with a 94% participation rate. Mayor Bacon and Ms. Kirk commended the volunteers that have remained for the entire meeting - Larry and Sue Brissey and Joan Harding. Councilman Scoggins asked Brenda Barrett for a report on the Public Works Department. Ms. Barrett stated the City has four garbage trucks and they pick up from 1,000 houses a day; 16,000 pick ups a week totaling 40 tons of garbage/week; also included in this amount is the pick up of 400 Herbie Kerbies; provide the chipping program and in the last six months for large item pick ups has made $6,300. Councilman Hawkins asked Ms. Hancock for a report on the Cemetery Association. Ms. Hancock stated the dedication date for the Smyrna Memorial Cemetery is Sunday, May 12, at 2:00 p.m. Ms. Hancock announced there is an opening on the Board of Directors of the Cemetery Association and urged anyone who was interested in that position to please call the city. Councilman Lnenicka congratulated the new officers of the Cedar Cliffs Homeowners Association that were elected March 14, 1996. Councilman Lnenicka also stated the Cobb County D.O.T. installed a guard rail on Ridge Road at Atlanta Road. Councilman Lnenicka asked Chief Hook for a brief report. Chief Hook expressed his appreciation to the King Springs Baptist Church for the dinner they hosted last Friday evening. Chief Hook then reported there were seven DUI arrests on Saturday evening as a result of a road block set up on Windy Hill Road. He stated there were eight other persons stopped that were either driven home or sent home because their blood alcohol count was too high to allow them to continue driving. March 18, 1996 meeting - continued Councilman Wood asked Kathie Barton for a report on the Community Relations Department. Ms. Barton announced the Residence Inn by Marriott had requested information packets they could place in each of their suites. Ms. Barton stated she had supplied them with the requested information. Ms. Barton stated "Inside Publishing" is going out of business and she wished them a fond farewell. Mayor Bacon expressed his appreciation to King Springs Baptist Church for the dinner they hosted last Friday evening. With no further business, the meeting adjourned at 10:32 p.m. A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK L -/ tINJo�,� CHARLEPILO11TO, WARD 1 RON NEWCOMB, WARD 2 - 1zd4AtA-o,- JACK CRAMER, WARD 5 6IJ CHARLES PETE WOOD, WARD 7 WADE S. LWE'N1t—KA,-WARD .D • 13