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02-02-1998 Regular MeetingFebruary 2, 1998 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 Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by Councilman Wood, followed by the pledge to the flag. CITIZENS INPUT: There was none. PUBLIC HEARINGS: (A) Variance Request - CVS Pharmacy - 485 Concord Road - Oversize Free Standing Sign Mr. Smith stated the applicant is asking to increase the monument support from the city's maximum size of 40 square feet to 91 square feet. Mr. Smith further stated in the letter of hardship, the applicant states the smaller base does not allow room for a one -hour photo sign and the Foodmart sign is too close to the ground. The applicant further stated in the letter that without the variance they will be at a disadvantage in a fiercely competitive market. Mayor Bacon asked Pam Pellon, the representative of the property owners and Childress -Klein, to come forward and then announced this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was no opposition. Councilman Wood asked Ms. Pam Pellon to further explain why the variance is being requested. Ms. Pellon stated they are requesting the variance to increase the structural support portion of the sign and stated it will not affect the actual sign area. Ms. Pellon further outlined the city's sign ordinance and stated the ordinance allows a parcel of property, contained between one and five acres, 120 square feet of sign area with an additional 40 square feet of structural support area and further allows the sign to be twenty feet in overall height and stipulates any free standing sign within the city limits must be monument style. Ms. Pellon presented drawings of the sign and stated they are not asking to increase the sign area over that which is allowed. Ms. Pellon further stated their total sign area, if approved as requested will be 103.84 square feet which is about 16 square feet less than what is allowed overall. She stated it is their intent to increase the brick base of the sign so that it will be up to its allowable height of twenty feet and also to get some of the signs off the ground. Ms. Pellon stated their request is for the Hurt Road frontage of the CVS property to vary from the 40 square feet allowed in the ordinance to 91 square feet and are asking to be allowed to use more bricks at the base of the sign. Ms. Pellon stated without the variance being granted they feel the one -hour photo and foodmart businesses will be at a disadvantage due to their not being promoted. Councilman Wood asked Ms. Pellon if she is aware that this store and the sign is completely surrounded by residential property and if the extension is granted on the sign base, the residents living directly across the street will be looking directly at the sign. Mr. Wood stated the current monument sign is very appropriate and does not impact the view of the residents directly across the street. Mr. Wood further stated CVS has extensive signage already on the property, both on the building and on both Concord Road and Hurt Road. Mr. Wood stated he did not understand the hardship with that much signage on the property. Ms. Pellon stated the hardship is that they are unable to maximize the use of the sign that is allowed on the road frontage. She stated they are looking to go up to the 20 foot height which is allowed under the sign ordinance and again stated they are looking for no increase in sign area whatsoever and further stated they are within the limits allowed by the City of Smyrna sign ordinance but are actually below the amount of sign face area they are allowed. She stated they are looking to add some more bricks to the base of the sign in order to get it off the ground and be more visible. Councilman Lnenicka asked if the CVS Pharmacy is doing a good business. Ms. Pellon responded they are doing well but that was not to say they could not be doing better. Councilman Hawkins asked if the sign variance is approved, how much would the sign be raised and she responded approximately five feet but if that is unsatisfactory they would raise it three feet. Councilman Wood stated the monument sign that is the subject of this variance request is directly in front of an occupied residence on Concord Road. The CVS Store is surrounded by established residential neighborhoods. The CVS property currently has extensive signage on the building, including 2 large CVS signs on the building, additional Foodmart signage on the building on both the Hurt Road and Concord Road sides. There is also a large freestanding CVS sign on Hurt Road and a 40 square foot monument sign February 2, 1998, meeting - continued on Concord Road. The property was zoned for a "drug store" not a general merchandise store or Foodmart as usually found in general commercial areas. The applicant states the store is at a competitive disadvantage, when, in fact, the store has no drug store competition in the area. The closest competing drug store is 2 or more miles away on South Cobb Drive. CVS also has a drug store on South Cobb Drive. Until recently, CVS owned a Revco store, which was formerly a Big "B" store, at the Crossings Shopping Center. This store was closed further reducing competition. Granting the variance will represent further commercial intrusion in residential areas. Councilman Wood made a motion the variance request for CVS Pharmacy at 485 Concord Road to allow an oversize freestanding sign be denied. Councilman Newcomb seconded the motion. Motion to deny was approved 7-0. (B) Rezoning Request - North Mathews Street and Windy Hill Road (* 19.57 Acres) From R-20 Single Family Residential to RAD, Single Family Residential (*16.82 Acres) Mr. Smith stated this development submitted by Pulte Home Corporation was approved by the Planning and Zoning Board unanimously with front yard setbacks of 20 feet; side distance between structures of 15 feet; corner side 10 feet and rear 20 feet. Mr. Smith further noted this will require a land use change. Mr. Smith stated there were a number of stipulations brought before the Planning and Zoning Board that were accepted. Mr. Smith stated a letter was submitted today to the city's Zoning Administrator that noted certain changes indicating that the land is actually a smaller parcel (actually 16.82 acres and not 19.57 acres) than what was presented. Mr. Smith stated the number of lots has been reduced to 83 (not 96) with a density of 4.9 units to the acre which is the density presented to the Planning and Zoning Board. Mayor Bacon stated the Planning and Zoning Board, as a body, asked this council that if substantial changes in any rezoning were made after they reviewed it, that it go back to them. Mayor Bacon stated based on the information before them tonight, there is no substantial change. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the rezoning request. Several persons indicated they wished to address the issue. City Attorney Chuck Camp administered the oath to those persons wishing to speak. Councilman Scoggins recognized John Moore, representing Pulte Homes. Mr. Scoggins asked Mr. Moore to briefly explain why the rezoning is being requested. Mr. Moore stated at the end of last week their surveyor discovered they had included a little less than three acres more property in the original plan than the owners owned. He stated they deleted down from 19.5711 acres to 16.82 acres which is a reduction in acres not an increase and they have also reduced the number of lots or units from 94 to 83, maintaining the same density as before - 4.9 units. Mr. Moore indicated an area map on display showing the site plan and the zoning of the surrounding property. Mr. Moore stated the property is located on Windy Hill Road across from Fox Creek and Legacy Golf courses and from the rear of the property is North Mathews Street, which comes into the property. Mr. Moore indicated there is RM-10, commercial, an elementary school, and some apartments adjacent to the property. He stated he feels their request is a right in/right out entry off Windy Hill Road and not a full access cut and they would like to ask the Council, if the rezoning is approved, to abandon that portion of North Mathews Street located within their development. He further stated they have stipulated to, and have submitted a revised stipulation letter dated today, containing the same stipulations except to change the number of units and the acreage and a six-foot wooden fence will be located along the entire southerly property line of the property. Mr. Moore stated they proposed to build a six-foot fence and that has been stipulated and they are asking for a portion of North Mathews Street be abandoned (which he indicated on the display). He stated the right in/right out on Windy Hill Road would be the only access to the development. He stated the minimum square footage of house size of 1800 square feet with square footage ranging from 1800 and 2100 square footage, price ranges from the mid $130,000's to $150,000's. He stated these homes typically have three bedrooms, 2 1/2 baths, and two -car garages. He stated the construction would be Hardy plank siding or brick or stucco. Mr. Moore stated the average lot size will be 7,216 square feet over the entire development which exceeds the city's ordinance requirements. Mr. Moore then introduced Richard Dugas, Pulte Home Corporation, and John Gaskins, Franzman/Davis, who were available to answer any questions. Councilman Scoggins asked Mr. Moore if all the property is in the county and will be annexed into the city. Mr. Moore responded that was correct. Councilwoman Capilouto asked Mr. Dugas if there would be a mandatory homeowners association and he responded yes. Mr. Dugas also stated the only common ground would be the entrance monument and the associated plantings and irrigation around it. Mr. Dugas stated the association dues would go to the maintenance of that area as well as the fence along the rear portion of the property. Ms. Capilouto asked at what point would the development be turned over to the homeowners. Mr. Dugas stated once it is 80% February 2, 1998, meeting - continued or 90% occupied but essentially when they are finished closing all the homes in the subdivision, it would be turned over to the homeowners. Councilman Lnenicka asked Mr. Dugas if they planned to use decorative streetlights and Mr. Dugas responded they do. Mr. Dugas stated they normally use the City of Smyrna required poles but would not be opposed to fiberglass poles with acorn type tops. He stated that is the type light they typically put in and Mr. Lnenicka asked if he would be agreeable to stipulating that and he responded that would be fine. He stated they usually use a black fiberglass pole about 20 feet tall. Mr. Lnenicka stated that could be approved and agreed upon with the city engineer. Mr. Dugas stated that would be fine. Mr. Lnenicka then asked about including a stipulation about the mandatory homeowners association and he responded that would be no problem. Mr. Lnenicka then asked if he would be willing to stipulate that there will be a two -car garage which would serve to limit a lot of the street parking and improve the aesthetics. Mr. Lnenicka stated the city had asked John Wieland to install brick pavers at the entrance and asked if Mr. Dugas would be willing to do something like that to dress up the entrance. Mr. Dugas asked for further clarification. Mr. Lnenicka stated approximately 20 feet or 15 feet across the entrance/exit. Mr. Dugas stated he had no problem with that. Councilman Wood asked about the six-foot fence mentioned by Mr. Moore. Mr. Dugas responded that will be at the southerly property line. Mr. Wood asked if they would be willing to stipulate that fence would be a six-foot wood opaque fence. Mr. Dugas stated that was acceptable. Mayor Bacon recognized Johnny Plunkett, 91 Concord Road, opposed the rezoning, citing the density, and lack of sidewalks. Mayor Bacon recognized Bud McCullough, resident of Hawthorne Street (at the corner of Mathews Street), who presented a petition to the city. He stated the petition is not in opposition to the rezoning but they would like to see the access changed to allow the commercial part of the neighborhood to be accessible to Windy Hill Road. Mr. Moore stated on behalf of Pulte it would not work to develop this type residential product with a street that comes off Windy Hill Road and accesses the apartments and commercial behind it. Mr. Moore stated it would create a cut -through street and encourage fast traffic as well as truck traffic. He stated that currently North Mathews Street does not have access to Windy Hill Road. He also stated the one entrance/exit is a safety feature. Mayor Bacon recognized John Knox, Cobb County resident. Mr. Knox stated his concern with the development is the property between the right of way of Windy Hill Road and Mathews Street. He further stated that from a point to the westward side of Mathews Street traveling to the east is property deeded to Cobb County for the public recreational use only from the Secretary of the Interior of the United States. He stated this was done at the same time property was deeded to the City of Smyrna for Fox Creek and the Legacy Golf course. He stated that property, according to the deeds, from the Secretary of the Interior (copies provided to the council) stated the property can not ever be developed for private use and it is strictly for the county's use for public/recreational facilities only. Mr. Dugas stated this property is not in the City of Smyrna and there are no lots or developments within it. Mr. Dugas stated they have been in contact with the city engineer, the Cobb County Land Agent and understands they are willing to grant his development a permanent easement across this property to access the community. He further stated there are no lots within that piece of property and that all the lots are contained in the 16.82 acres that they are proposing to purchase. Councilman Scoggins made a motion that the rezoning request at North Mathews Street and Windy Hill Road - 16.82 acres - from R-20 Single Family Residential to RAD, Single Family Residential be approved with the following stipulations: 1. There will be a mandatory homeowner's association 2. There will be a total of 83 lots 3. The homes will be traditional in styling with a minimum of 1,800 square feet of heated living area 4. The homes will be of Hardy plank siding, brick and stucco, two stories and have two -car garages 5. The development will have the following setbacks: • Front - 20 feet • Side - 15 feet between structures • Rear - 20 feet 6. The entrance to the development will be from Windy Hill Road with a curb cut allowing right in/right out traffic only 7. Signage for the development will be ground based, monument style with heavy landscaping 8. Front yards of the development will be fully sodded 9. Acceleration/deceleration lanes will be provided as required by the City Engineer February 2, 1998, meeting - continued 10. Subject to North Matthews Street portion included in the development being legally abandoned with notice to the public prior to issuance of any grading or building permits, otherwise the property shall come back to Planning and Zoning and Mayor and Council, at applicant's expense, for rezoning to R-20 or some other suitable classification. 11. Decorative street light poles subject to approval by the City Engineer 12. Brick pavers decorative purposes - with a 20 foot minimum at the entrance and exit 13. Six-foot opaque wooden fence along the entire southerly property line Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Land Use Change - North Mathews Street and Windy Hill Road (19.57 Acres) From Low Density Residential to Medium Density Residential Mr. Smith stated this land use change pertains to the property discussed above. Mr. Smith stated this change is necessary to make the property consistent with the land use map. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the land use change. There was no opposition. Councilman Scoggins made a motion that the land use change at North Mathews Street and Windy Hill Road (16.82 acres) from Low Density Residential to Medium Density Residential be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Rezoning Request - South Argo Road and Dixon Lake Drive (7.68 Acres) From C-1 (County) to RAD Conditional Mr. Smith stated the applicant, Chastain Glen, Inc., has assembled 10 different properties that have been combined in this rezoning request and is adding this acreage to acreage that has been previously rezoned. He further sated their previous plat had 35.28 acres with 134 lots and a density of 3.80 lots per acres and this addition will make the development have 42.6 acres with 168 lots and a density of 3.95 units per acre. Mr. Smith stated the Planning and Zoning Board approved this rezoning with a number of stipulations. Mayor Bacon stated this is a public hearing and asked if anyone was present to oppose this rezoning request. There was no opposition. Councilman Wood stated last August the council approved a rezoning request for approximately 35.28 acres for 134 lots at this location. Mr. Wood stated this request is due to Chastain Glen, Inc., having assembled 10 different parcels and they are requesting this be put with the other property as an extension of their existing property. Mr. Wood stated all the stipulations and land development standards that were applicable in August are still a part of this development. He stated instead of 134 lots there will be 168 lots with an average density of 3.95 and this property was zoned C-1 in the county which is a commercial zoning. Councilman Wood stated at the January 12, 1998, meeting of the Planning and Zoning Board this request was approved unanimously with the following stipulations: 1. The homes have a minimum 10 feet between them and a 5 foot minimum side yard setback 2. They provide a buffer, berm, fence or trees 3. A mandatory homeowners association 4. Subject to approval of plat submitted by Chastain Glen, Inc., to the City Building Department Councilman Wood then made a motion the rezoning request to rezone 7.68 acres on South Argo Road and Dixon Lake Drive area from C-1 (County) to RAD Conditional be approved with the above listed stipulations. Councilman Cramer seconded the motion. Councilman Wood asked Mr. Eubanks about the entrance locations and Mr. Eubanks stated there will be one entrance off Argo Road and one entrance off Camp Highland. Mr. Wood reviewed the stipulations placed on the property at the August 18, 1997, council meeting and reiterated the setbacks and the minimum lot width as follows: 1. Setbacks: Front - 10 feet Side - 10 feet between foundations Corner side - 10 feet Rear - 25 feet 2. Minimum lot width at building line - 60 feet February 21 1998, meeting - continued Mr. Eubanks stated that with a rezoning as they come back and make the changes even though they are incorporating the properties into the subdivision, they are zoning to the plat and have to come back for this adjustment. He stated not only are they adding the property into the subdivision but they are also revising their plan to include that. He stated if they add additional property they will have to come back again to do the same thing. Councilman Lnenicka stated in order to be consistent with his vote in August, he opposes the rezoning. He stated his concerns were with the 10 feet between foundations as a fire safety issue and for that reason could not support the motion. Motion to rezone was approved 6-1 with Mr. Lnenicka opposed. (E) Land Use Change - South Argo Road and Dixon Lake Drive (7.68 Acres) From Community Activity Center to Medium Density Residential Councilman Wood made a motion the land use change for the property on South Argo Road and Dixon Lake Drive (7.68 areas) be approved to change the designation from Community Activity Center to Medium Density Residential. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (F) Rezoning Request - Southeast Intersection of Cooper Lake Road and East/West Connector (29.61 Acres) From O.I., Office Institutional, to L.I., Light Industrial Mr. Smith stated the applicant Gwinnett 316 Associates is requesting to rezone the property at Cooper Lake Road and the East/West Connector from Office and Institutional to Light Industrial. He further stated the Planning and Zoning Board recommended the approval of the rezoning request with a number of stipulations. Mayor Bacon asked the applicant to come forward. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this rezoning request. Several persons indicated they were in opposition and wished to address the issue. Mayor Bacon asked City Attorney Chuck Camp to administer the oath to those persons. Mayor Bacon stated for the record he has a petition from Summer Place Subdivision, with approximately 160 names, that he presented to the City Clerk. Mayor Bacon was then presented with additional petitions from Stoneybrook and Vinings Estates that he gave to the City Clerk to be filed in her office. Mayor Bacon stated the petitions are in opposition to the granting of the rezoning request. Councilman Wood thanked everyone for attending the meeting this evening. Mr. Wood recognized Mr. Kevin Cleveland, representing RACO, and Mr. Kunanski. Mr. Wood stated the applicant for this rezoning request is Gwinnett 316 Associates and asked Mr. Cleveland what the relationship is between Gwinnett 316 Associates and RACO General Contractors. Mr. Cleveland responded Gwinnett 316 Associates is owned by the owners of RACO General Contractors. Mr. Wood asked Mr. Cleveland to present his proposal for the rezoning of the 29.61 acres located at the southeast intersection of Cooper Lake Road and the East West Connector. Mr. Cleveland stated they are general contractors of light industrial, light manufacturing distribution facilities. He further stated his company has been in business for forty-five years in the Atlanta area and have built approximately 40 million square feet worth of this type of space. He stated the approximate 30-acre property on the East/West Connector and Cooper Lake Road would provide the benefits to have a successful development. He stated they proposed two buildings - one approximately 200,000 square feet and the other is approximately 96,000 square feet. He stated it is their anticipation that both would be 28 feet in clear height, single -story, rear -load truck access facilities. He stated they took as much care as possible in maintaining natural buffers around the property and did not realize at the time there would be such an outcry from the neighborhoods. He stated with unworkable land there are natural buffers, lots of hardwood trees, a stream and a Norfolk -Southern rail line on the back side of the property. He stated he felt these natural buffers would screen them from the neighborhoods. He further stated Cooper Lake Road is being re- routed to go around on the other side of a ridge from where it is currently located so the property would be screened from that side. The existing Cooper Lake Road will be a dead end road so they designed their access to Cooper Lake to line up with the new Cooper Lake Road being approximately 400 feet from the East/West Connector. He stated they were cognizant of the fact they would be having some trucks but did not know how many in and out of the property. Mr. Cleveland stated the East/West Connector is a four -lane boulevard to South Cobb Drive and I-285 and the mix with residential property would be at a minimum. Mr. Kunanski stated out of the 30-acre site, the area where the buildings are to be located is specifically what they have to work with. He stated they have made no effort and do not intend to make an effort to disturb the creek. He indicated the setbacks are almost 300 feet and close to 700 feet from the homes. He further stated they made every effort not to interfere with the neighbors as they want to be good neighbors. Councilman Hawkins asked if this proposal for a warehouse would be serviced by eighteen-wheeler trucks and if so, how would they enter and exit the property. Mr. Kunanski stated they have a February 2, 1998, meeting - continued driveway entering Cooper Lake Road and they do not have a specific user for the property. Mr. Cleveland stated they build shipping and receiving docks and do anticipate the 18-wheeler traffic out of the complex. Councilman Scoggins asked if there would be any rail traffic into the complex and Mr. Cleveland responded they would not. He further stated their property is located between the rail line and the East/West Connector. Mr. Kunanski stated they are located between two light industrial zonings. Councilman Wood asked Mr. Cleveland what percentage of the property would be covered with buildings. Mr. Cleveland responded approximately 28 % coverage was all they could work out. Mr. Wood asked about the tenant they anticipate for the building and Mr. Cleveland responded they anticipate a corporate type tenant or corporate headquarters for a business. He further stated with the low coverage they do not anticipate a heavy -use type bonded firm that is massive trucking. Mr. Wood asked about the distance shown on the plan from Cooper Lake Road to the buildings themselves. Mr. Cleveland stated the distances are 280 feet to one corner, 370 feet to another corner and on the back corner is 160 to the railroad easement of 200 feet plus an additional natural buffer to the homes. Mr. Wood asked if they anticipate RACO maintaining ownership of the development as opposed to selling the development. Mr. Cleveland stated they do work for other people as contractors where they own their facilities but they also retain a lot of buildings. He stated he did not know how this development would work. He further stated they would not just sell the land, they would be involved in the development of the facility and would do the construction work. Mr. Cleveland stated they do a lot of speculative construction where they anticipate there is a good market and an opportunity to build warehouses and sell to a variety of companies. He stated this particular piece of property due to the coverage is so low, may be more toward a corporate user than a local business. He stated the property they own, they own for a long time so they are interested in the value they are creating so they do not want to do anything that lessens the potential value. Mr. Cleveland at Mayor Bacon's request explained that Cooper Lake Road is being rerouted and presented a drawing of the proposed route. He stated the existing Cooper Lake Road is planned to be cul-de-sacked near the railroad track. Mr. Cleveland asked Mr. Gary Eubanks to step forward at this time. Mr. Eubanks stated technically the property is in his father's estate. Mr. Eubanks explained on the display where the existing East/West Connector and Cooper Lake Road is located and showed the proposed rerouting of the road. He stated they are moving Cooper Lake Road approximately 100 feet towards Nickajack Creek and at the bend in the road the new Cooper Lake Road will go straight with a new bridge across Nickajack Creek. He stated there is one sole house on that section of Cooper Lake Road. He stated the new Cooper Lake Road will cross the rail line and tie in with the existing Cooper Lake Road in front of the Vinings Glen Subdivision. The existing Cooper Lake Road will then become a dead end road with a cul-de-sac at the existing railroad crossing. Mayor Bacon recognized Seth Weissman, Weissman, Nowack, Curry and Wilco, representing Vinings Estates Homeowners Association. Mr. Weissman stated he is present tonight to request the denial of the rezoning of the property from and office institutional use to light industrial. Mr. Weissman listed the following reasons for the denial of the rezoning request: 1. It would hurt the property values tremendously 2. The requested rezoning is inconsistent with the comprehensive development plan for the City of Smyrna. He stated the property is currently zoned O & I but on the comprehensive development plan the best use for the property is shown as residential 3. It is an inappropriate land use on Cooper Lake Road 4. There is no way to meaningfully buffer an industrial use 5. This rezoning would establish a terrible precedent for the City of Smyrna for two reasons - bad zonings beget other bad zonings; sends a horrible message to the residential development community and the residents 6. There is already enough land zoned industrial in this corridor 7. This is a speculative rezoning 8. There is no compelling legal or land use reason to rezone the property Mayor Bacon recognized John Wieland. Mr. Wieland stated he felt the land use plan designation of medium density residential is very appropriate and indicated he might be interested in trying to acquire the property for residential use. Mr. Wieland asked the council to deny the rezoning or if that is not the outcome, at least defer the rezoning until all the details of the development could be worked out. Mayor Bacon recognized Bobby Terani, Vinings Estates resident. He stated there is no buffer around the area and further stated the IBM complex is visible from their neighborhood. He stated the rezoning is unacceptable. Mayor Bacon recognized Joyce Steele, Stoneybrook Subdivision resident. Ms. Steele stated she is opposed to the rezoning. Mayor Bacon then recognized Ruth Plunkett Bowen, Churchill February 2, 1998, meeting - continued Downs resident, who spoke against the rezoning due to increased noise, safety of the children and the churches that would be negatively affected. Mayor Bacon recognized Steve Waldrep, Vinings Estates, who opposed the rezoning based on the buffer not being sufficient and the elevation of the proposed development. Mayor Bacon recognized Carl Haithcox, President of Parkland Place Subdivision, who opposed the rezoning due to noise and the warehouse usage and the truck traffic. Mayor Bacon recognized Robert Brough, resident of Stoneybrook Subdivision, who opposed the rezoning and cited numbers of revenue generated for the city from several residential developments in the city and the negative impact the rezoning would have on revenues generated for the city. Mayor Bacon recognized Vivica Sandburg, Summer Place Resident, stated she would like to see the zip code for her area reflect that she is a Smyrna resident instead of Mableton. Mayor Bacon stated the zip code issue has been requested for that area. Mr. Cleveland responded to a number of issues. Mr. Cleveland stated the floor elevation for the proposed development is 877 feet and is only 15 or 20 feet above elevation of the homes. Mr. Cleveland stated his company's reputation is as good as that of Mr. Wieland and they have spent 45 years developing quality industrial developments. He stated industrial development is his business and that is a necessary component of a thriving economy and acknowledged it does back up to residential property but thought between 500 and 700 feet was an appropriate screening. He further indicated that their development was speculative and until the proper zoning was placed on the property no businessman would look at their proposed site; he acknowledge trees would have to be cut as in any development - residential or commercial; they want to be good neighbors and have met with the residents to address their concerns. He further stated they felt the trucks involved would be on major thoroughfares as much as possible and the impact to the community and residential streets would be at a minimum. Mayor Bacon thanked everyone for the manner in which the public has conducted themselves during the meeting. He further indicated he will ask the Community Development Department to increase the size of the signs posted on properties proposed for rezoning. Councilman Wood addressed the zip code issue and stated he is still trying to have it changed to reflect Smyrna. Councilman Wood stated the rezoning is a very controversial issue. Councilman Wood made the following comments: • The property to be affected by the rezoning proposal has a reasonable economic use as currently zoned. • The proposed rezoning is not in conformity with the intent of the land use plan • The proposed Light Industrial zoning is not consistent with the residential character of the surrounding area. Virtually all of Cooper Lake Road from South Cobb Drive to Bankhead Highway (now Veterans Memorial Highway) is residential. • The proposed rezoning will adversely affect the existing use or usability of existing nearby property. • Substantial heavy truck traffic is inherent in the type of development proposed on this property. This type of truck traffic and two-lane predominantly residential road poses safety hazards. • The hours of operation of the proposed development have not been defined, nor has the noise or pollution impact on surrounding residential areas., • There is a new elementary school under construction that will open this fall on Mavell Road, just off Cooper Lake, which will increase school bus traffic on Cooper Lake Road. This poses an additional safety issue for residents of Cooper Lake Road and adjacent areas that will be serviced by this school Councilman Wood then stated for the above reasons the request of Gwinnett 316 Associates to rezone approximately 29.61 acres at the southeast intersection of Cooper Lake Road and the East West Connector from Office and Institutional to Light Industrial be denied. Councilman Lnenicka seconded the motion. Each councilperson expressed their apology for not being able to return the numerous phone calls placed to them over the past weekend. Motion to deny the rezoning request was approved 7-0. (G) Land Use Change - Southeast Intersection of Cooper Lake Road and East/West Connector (29.61 Acres) From Medium Density Residential to Industrial Compatible No action required on this item as the rezoning request was denied. (See above narrative.) February 2, 1998, meeting - continued FORMAL BUSINESS: (A) Approval to Increase Zoning Application Fees Mr. Smith stated this is the result of a combined meeting of the Planning and Zoning Board and the Mayor/Council where a number of issues were discussed pertaining to planning and zoning in the city and a sub -committee's review of the zoning application. The committee reported the fees did not cover the advertising and legal fees associated with the zoning application. Councilman Lnenicka stated the current fee does not cover the cost and it is only fair that the applicant bear the cost of advertising and processing of the application. Councilman Lnenicka made a motion to increase the zoning application fees from $250 to $500. Councilman Hawkins seconded the motion. Motion was approved 7-0. (B) Authorize the Mayor to Sign Amendments #1 - 1990 GMA Lease Pool Administration and Service Agreement Mr. Smith stated the city has participated in the lease pool since its inception. He further stated occasionally it is revised and the present revision provides for a lower interest rate and actually provides for a lower administration fee and refunds some cost to the city. Mr. Smith further stated the lease pool enables the city to buy, in a large pool with all local governments in the state of Georgia, capital items such as fire trucks and heavy equipment that the city uses at a reduced cost. Councilman Lnenicka stated at the last council meeting, the council approved a basic agreement. He then stated the Georgia Municipal Association has come back with an amendment - Amendment #1 - that the city needs to approve also. Councilman Lnenicka made a motion to approve Amendment #1 of the Georgia Municipal Association Lease Pool Program - Series 1990 Program. Councilman Wood seconded the motion. Motion was approved 7-0. (C) Clarification of Stipulations for Church Street Zoning Councilman Hawkins stated on January 5, 1998, there was a rezoning for property on Church Street where property was rezoned from R-20 to RAD Conditional. He further stated there was some confusion to the Community Development Department with stipulation #8 in the original minutes of that meeting. Councilman Hawkins then presented the following stipulation as the new and clarified stipulation for that zoning. The stipulation should read as follows: 8. At least 50 percent of the homes shall have front elevations consisting of primarily brick, rock or stucco accents. Councilman Hawkins made a motion that the new stipulation above be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Building Permit - AUC Company - Construction of 10,125 Square Foot building for CVS Pharmacy , Councilman Hawkins made a motion to approve the building permit for AUC Company for the construction of a 10,125 square foot building as a CVS Pharmacy. He further stated the estimated cost of construction is $930,000. He stated this pharmacy will be at the corner of Atlanta Road and Concord Road. Councilman Cramer seconded the motion. Motion was approved 7-0. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of January 20, 1998, Minutes (B) Approval to Contract the Planning and Preparation of a Revised and Updated Solid Waste Management Plan (C) Approval of Contract with ATEC for Soil Density and Compaction Testing (Welcome Center) February 2, 1998, meeting - continued (D) Approval to Request Bids for Construction and Installation of the foundation for the Train Depot Building (E) Approval to Request Bids for Zoning and City Limit Maps Councilman Hawkins made a motion the consent agenda be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilwoman Capilouto, Councilman Newcomb, Councilman Scoggins, Councilman Hawkins, Councilman Cramer, Councilman Wood had nothing to report. Councilman Lnenicka stated that he had been notified that John Wieland Homes is planning to move the historic Guernsey Jug building, located at the Heritage at Vinings subdivision on Atlanta Road. Councilman Lnenicka stated the process of placing steel beams under the building has begun and plans are to raise the building tomorrow on a hydraulic lift and then on Wednesday to transport the building to its permanent site, about 100 yards north of its current location to the entrance of Heritage at Vinings subdivision where the future pool, tennis court and amenity package will be located. He stated this will be part of the clubhouse building. Mayor Bacon recognized Representative Frank Bradford who was in attendance at the meeting. With no further business, the meeting adjourned at 10:10 p.m. A. MAX BACON, MAYOR CHA LENE CAPILOUTO, WARD 1 ILL SC GGINS, WAAO 3 JACK CRAMER, WARD 5 L CHARLES PETE WOOD, WARD 7 L M 0 MELI D DAMERON, CITY CLERK �"' J- - RON NEWCOMB, WARD 2 /J el=& RAWKNS, WARD 4 WADE S. LNENICKA, WARD