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10-06-1997 Regular MeetingOctober 6, 1997 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 Reverend Rick Carroll, Bethel Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Mrs. Gladys Campbell in honor of her 94`h birthday celebrated on September 23. Mayor Bacon wished Mrs. Campbell a Happy Birthday. Mayor Bacon recognized Don Whitney, US 10K Cobb Classic Race. Mr. Whitney updated the city on the events of the recently held US IOK Cobb Classic Race. The race was held Labor Day and he expressed his appreciation to the City of Smyrna for their support not only this year but also for the past four years. Mr. Whitney stated there were just under 9,000 athletes participating in the race and 246 in -line skaters. Mr. Whitney said the race raised a little over $60,000 for needy children. Mr. Whitney presented the Mayor and Council with a souvenir program of the race and indicated there was a story about the City of Smyrna on page seventy-six of the program. Mr. Whitney then presented Mayor Bacon a plaque in appreciation for the support of the city in this worthwhile event. Mr. Whitney then thanked the Mayor and council for their efforts in revitalizing the downtown area and stated he has been a resident of the City of Smyrna for eighteen years and truly appreciates the efforts of the Mayor and council. Mayor Bacon recognized Richard Bell, Village on the Green Homeowners representative. Mr. Bell stated there were a couple of issues they would like to address. Mr. Bell presented a letter outlining their concerns to the Mayor and Council. Mayor Bacon stated he felt the city could address the issues outlined in the letter. PUBLIC HEARINGS: (A) Variance Request — 3360 Ann Road — To Place Accessory Structure in Side Yard Mr. Smith stated the applicant is requesting approval of a variance to place a gazebo -like activity center in his side yard. The applicant further states the hardship is necessary because the rear yard is not deep enough for this accessory structure. 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 variance request. There was none. Councilman Lnenicka recognized Cynzia Urrea who introduced the contractor, David Turnbull. Mr. Lnenicka asked them to briefly explain what they planned to do and why. Mr. Turnbull stated they would like to build a small pavilion beside the house, which will also serve as a parking area. He stated the structure is not terribly visible from the road and is not an enclosed structure. He further stated it is an open -roof structure. Mr. Lnenicka stated the reason for the variance is because this is a corner lot and thus the structure is being placed in a side yard. Mr. Lnenicka asked if the wooden fence that encloses the yard screens the structure. Mr. Turnbull stated that was correct. Mayor Bacon asked if the structure has been completed and Mr. Turnbull stated the building is only half built. Mr. Lnenicka stated there were signatures on file from the adjacent property owners attesting they have been notified of the variance request and the hearing. Councilman Lnenicka made a motion to approve the variance request at 3360 Ann Road to place an accessory structure in the side yard. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Rezoning Request — 837 Concord Road (6.37 Acres) From RTD, Residential Townhouse District to RAD Conditional, Single Family Mr. Smith stated Brad Thompson is requesting this rezoning to develop a 27-lot subdivision in this area with a density of about 4.24 units/acre. Mr. Smith further stated this is a change from Residential Town House to RAD Conditional — Single Family. Mayor Bacon recognized Brad Thompson and asked him to come forward. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the rezoning request. There were several. Mayor Bacon asked them to come forward and be sworn in. City Attorney Camp administered the oath to those persons. October 6 1997 meeting - continued Councilman Wood asked Mr. Thompson to present his proposal for rezoning. Mr. Thompson stated this is a 6.37-acre tract on the north side of Concord Road and he is requesting a decrease in density and land use. Mr. Thompson stated the property is currently zoned RTD for forty-two attached town homes. He stated his proposal is for twenty-seven detached, single-family residential homes. Mr. Thompson stated he feels his proposal is good for the city, as it is a down zoning for the property. He stated the current owner has stated if this rezoning is not approved, he will proceed with construction of town home units. Mr. Thompson stated the owner had this property zoned some 15 — 20 years ago and is also the individual who built the existing town homes that are currently on the property. Mr. Thompson stated he plans to build a product that is two-story, traditional in nature, two -car garages and intends to build predominantly full stucco and full brick elevations on the front and the price range will be in the $130,000's to $150,000's. It is likely that if town homes are built there, the price range would be in the $80,000's and $90,000's. Mr. Thompson further stated there will be a mandatory homeowners association with an Architectural Control Committee, of which he will be a part. He stated they are proposing twenty-seven lots being 55 feet in width, 15 feet between buildings with five-foot side yard setbacks and 15 feet between buildings. He also stated there will be a landscaped entrance with a monument sign of either brick or stucco. e He saated Concord Walk ishe did not want to sa different price prepresent tt this nt development will look like Concord Walk because it w11 not Councilman Wood asked Mr. Thompson if he plans to build traditional, two-story homes and Mr. Thompson responded that is correct but there may be a plan for a ranch home in the development. Mr. Wood asked about the exterior construction. Mr. Thompson stated brick and stucco fronts primarily and siding on the other three sides. Mr. Wood asked if access to the development would be from Highgate Drive and Mr. Thompson responded that was correct. Mr. Wood asked about the buffers in respect to Concord Road and asked Mr. Thompson to address the frontage area on Concord Road. Mr. Thompson stated they anticipate trying to leave that as a green space, green area but there are a couple of issues that will be dictated somewhat by the city as to what he can do at that location. He further stated coming off of Highgate Drive, there is a probable four to five foot increase in elevation and in order to cut his road in and to slope the right of way back, will require some grading. He further stated how much grading will be up to the city because he has to create a fifty -foot right of way. Mr. Thompson stated he had met with the City Engineer and Mr. Hildebrandt had indicated the city would be happy with a forty -foot right of way, which is not shown on the plans, presented tonight. Mr. Thompson stated he anticipates being able to preserve the majority of the trees in that area. Mr. Thompson addressed the issue of water on the property. Mr. Thompson stated they have not done a hydrology study at this point but there is a low point on the property which is why they had a problem with the site distance coming off Concord Road. Mr. Thompson further stated he understands there is quite a bit of water that comes down Havilon and comes under the road in three separate pipes. He stated they did not know how much water. Mr. Thompson stated when they get into the development they will know whether the water needs to be piped or whether it can be run through an open ditch. He stated if they have to pipe the flow of water, he will have to do additional grading to place the pipe. He further stated that other than those issues, they want to preserve that area as much as possible. Mayor Bacon asked Mr. Thompson if it would have made any difference if he had gotten a curb cut on Concord Road as far as the price of the homes — would the cost of the homes have been higher. Mr. Thompson stated he did not think so. Mr. Thompson stated he is very comfortable with the entrance being off Highgate Drive. Mr. Thompson stated when they designed the entrance off Highgate Drive; they planned for a two -car stacking as well as the deceleration lane in front of Concord Glen that they will be able to utilize for traffic coming from the east. He stated if someone is coming from the west the person would have to wait for traffic to clear. Mayor Bacon asked about the price of the town homes that are currently on the property and the price range of the houses that are there. Mr. Thompson responded that the prices of Concord Glen are currently selling in the low $100,000's — primarily below $120,000. He stated he was not sure about the t know the askinprice. acon price of the town homes but hadseen one for sale recently but he did mrh and M nor. Thompson he asgumed theacre Bn the asked about the price of the hoes in Bennett Woods No $170,000's - $180,000's. Councilman Hawkins stated he feels it would add to this development if Mr. Thompson could leave as many trees as possible as a buffer along Concord Road and Lot 1 in the proposed development. Mr. Thompson stated he planned to leave as many trees as possible but that would be dependent on the water situation and if he had to pipe that area for drainage. He stated he was not opposed to installingpiping, but if that was required there would be a 20' easement required. Mayor Bacon recognized John Rathbone, resident of Oak Forest Drive in Bennett Woods North. Mr. Rathbone stated his property directly abuts against this proposed development. Mr. Rathbone stated last year, they encountered a proposal from Pulte Development for about thirty-six somewhat smaller homes. He stated that this proposal was never brought before the Mayor and Council after the neighborhood pretty much revolted against it. Mr. Rathbone stated he feels his property value is pretty much determined and fixed. He October 6, 1997, meeting - continued further stated his neighbor's house is for sale, is approximately 3,000 square feet, and is listed for $190,000. He stated the land in that development sold for $40,000/lot. He stated he could not speak for the other residents on Oak Forest Drive but said he and his wife felt the financial cost of this development to their property is genuine and real. He also stated he feels the actual appeal of the property, the woods behind their home will all be gone and they will have two or three single-family homes one-half to one-third of the size of his home. He stated he did not feel this will do much for his property value. He further stated he feels the aesthetic value will be ruined and they are concerned about that. Mr. Rathbone stated he and his wife are opposed to this development. Mr. Rathbone stated they would like to see something where the buffer between his property line and whatever goes in there, to be more than ten feet. Mr. Rathbone stated his property will abut Lots 9, 10 and 11 of the proposed development. Mayor Bacon recognized Len Turner, 370 Ashley Court. Mr. Turner stated he is probably one of the most affected property owners by this proposed development. Mr. Turner stated he favors what is being proposed by Mr. Thompson in the revised form. He stated he is directly across Concord Road from the proposed development and this is the best proposal he has seen. He stated he did not want to see more town homes in the neighborhood and supports the development. Mayor Bacon recognized June Stoker, 380 Ashley Court. Ms. Stoker stated she has also in the past objected to the proposed zoning changes. She stated she feels they should take the lesser of any evil and that is if they can have single-family dwelling homes with an improved entrance and a safer entry way than what was offered in the past as well as a buffer zone there. She stated she felt it was preferable to the other proposals that have been offered and is definitely in favor of this proposal. Mayor Bacon recognized Johnny Plunkett, 91 Concord Road. Mr. Plunkett stated he is concerned about sidewalks in the development. Mr. Thompson stated he did not know if he would have to do sidewalks or not but felt there should be sidewalks on Concord Road. Mayor Bacon recognized Kathy Tinsley, 1147 Berkley Drive. Ms. Tinsley stated Highgate Drive is the entrance into her subdivision. She stated she and her neighbors in the town house development are against the access of using Highgate as the entrance to the new subdivision. She stated they are not too concerned with whether the development is for town houses or single-family homes but they are concerned about more traffic going through their small area. She stated there are a lot of small children who play in the streets and the street is very narrow. Mr. Wood stated the proposed new entryway will not have access to Berkley Drive, that persons will turn onto Highgate Drive and then immediately turn left into the proposed development. Mr. Thompson further stated they have no plans to go into Berkley Drive. Councilman Wood stated for the record that this property was rezoned in 1983 for town houses except for the first 3.8 acres at the point of Hurt and Concord Road, which was zoned O&I under court order prior to that time. Mr. Wood further stated the plan called for town houses on all that remaining 18 acres at 6.5 units per acre and it specified that there would be one entry to that off of Concord Road where it interfaces with Ashley Court. Mr. Wood further stated at that time, it provided for an exit onto Hurt Road at Kenland. Mr. Wood stated under that zoning there is only authorization for a curb cut at Highgate Manor to serve that property on the Concord Road side. Mayor Bacon recognized Rasa Chandler, Bennett Woods Subdivision. Ms. Chandler stated she felt the two -to - one slope at the entrance mentioned earlier is very steep and should perhaps be flattened as much as possible. Ms. Chandler stated she was also concerned about the drainage issue and the lack of a hydrology study. Ms. Chandler stated with the introduction of the East/West Connector that will soon join with Concord Road, perhaps Mr. Thompson should look again at the deceleration lane coming from the other direction. Mayor Bacon stated it is his understanding there will not be an access ramp from the East/West Connector to Concord Road. Councilman Wood stated this has been a controversial piece of property for twenty-eight years and gave a brief history of that property. Mr. Wood stated there has been a lot of controversy on this property over the years including when it was in unincorporated Cobb County and subsequently when it was brought into the city. Mr. Wood stated the property has been there a long time and he firmly believes if this rezoning is not approved, the property will more than likely be developed with town houses permitted under the higher density existing zoning. Councilman Wood made a motion that the property located at 837 Concord Road and Havilon Way (totaling approximately 6.37 acres) be rezoned from Residential Townhouse District to RAD Single Family Homes with the following stipulations: 1. Maximum number of lots — 27 2. Price range of houses will be from the $130,000's to $150,000's October 6, 1997, meeting - continued 3. Entrance to the development will be from Highgate Drive 4. Houses will have 2-car garages 5. Style of the houses will be traditional, primarily 6. Exterior construction will be brick/stucco and siding, and those materials approved by the city 7. Development will be built in accordance with preliminary plan and lot development standards prepared by Franzman/Davis & Associates, Land Plans bearing revised date of September 17, 1997, except that the front yard setbacks for lots number 9, 10 and 11 be reduced from 20 feet to 15 feet; and not more than 10 of the houses will have heated floor space in the 1,400 square foot range - others will probably be larger 8. There will be a monument type entrance sign constructed of brick or rock and landscaped 9. The development will have a mandatory Homeowners Association 10. There will be an Architectural Review Committee for the development 11. The developer will provide fence screening on that portion of the development that borders the Concord Chase Apartment Development on Hurt Road (approximately 600 feet) 12. Developer will provide acceleration and deceleration lanes as required by the City Engineer 13. Developer will provide a buffer of trees, shrubs or other appropriate landscaping materials along that portion of Concord Road bordering the development Councilman Wood stated the intent in reducing setbacks on Lots 9, 10 and 11, is to enable the houses to be built 5 feet closer to the street and Mr. Thompson has also agreed to look at the road and see if there can be a small amount of shift in the road to accommodate further buffers on those areas where the lots on Oak Forest Drive are in close proximity to the new homes proposed. Councilman Cramer seconded the motion. Councilman Newcomb asked about the percentage of homes that would be slightly larger than 1,400 square feet. Mr. Wood responded that the plan as stated requires a minimum of 1,400 square feet but does not mean that all homes will be built at 1,400 square feet. He further stated that to encourage more square footage as possible in the home, the city is planning to limit the number of homes that could be built in the 1,400 square foot range to a total of ten out of the twenty-seven. Mr. Wood stated the other homes would be larger. Councilman Newcomb stated he would support the rezoning based on the lower density being requested. Councilman Lnenicka expressed his appreciation to both Councilman Wood and Mr. Thompson for their efforts during the past several months. Mr. Lnenicka stated he has some concerns about the adjacent property values and the impact on that. Mr. Lnenicka asked Mr. Thompson to think about what would be in the best interest to him and the city, which would be to raise the price of the homes as much as possible. Mr. Lnenicka stated he is very concerned about the visibility at the entrance to the development. Mr. Lnenicka stated he was going to vote against the rezoning based on the safety issue concerning the entrance to the development. Motion to approve the rezoning request was approved 6-1 with Mr. Lnenicka opposed. *Mayor Bacon asked for a motion to suspend the rules for the purpose of adding an item to the agenda. Councilman Wood make a motion to suspend the rules for the purpose of changing the Land Use Plan from High Density Residential to Medium Density Residential. Councilman Cramer seconded the motion. Motion to suspend the rules was approved 7-0. *Change Land Use Designation at 837 Concord Road from High Density Residential to Medium Density Residential. Councilman Wood made a motion the land use designation on the property located at 837 Concord Road be changed from High Density Residential to Medium Density Residential. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Rezoning Request — Concord Road (52 Acres) From R-20 Single Family to RAD Conditional Councilman Wood stated he would like to address both items (C) and (D). Mr. wood stated this is a proposal for rezoning and annexation on Concord Road. He stated this is the property that adjoins the current Concord Walk Development. He further stated this is an application filed by Mr. Thompson. He stated the property is being purchased from Jane Lyle Wootton and Mr. Thompson is requesting that action on these items be postponed until the December 1, 1997, council meeting. Mr. Wood asked Mr. Thompson to explain his request. Mr. Thompson responded that there are some issues that need to be worked out with the land plan and he has an absentee owner and he is having a hard time working with the owner and with the potential buyer of the lots. He further stated this is taking time and he did not want to keep coming before the elected body unprepared. He stated he would rather come before the body fully prepared and present his proposal at that time. Mayor Bacon asked if anyone was in the audience to address this issue. October 6, 1997, meetine - continued Councilman Wood made a motion that Items (C) — Rezoning Request — Concord Road (52 acres) from R-20 Single Family to RAD Conditional and (D) - Annexation of Property on Concord Road — Land Lots 169, 191, 192 and 242 - be tabled until December 1, 1997. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (D) Annexation of Property on Concord Road — Land Lots 169, 191, 192 and 242 See Narrative Above. (Tabled until December 1, 1997) (E) Variance Requests on South Atlanta Road (Atlanta Road at Campbell Road — Intersection) To Vary from Section 6 of Appendix F, Urban Design Guidelines; Vary from Appendix F, Urban Design Guidelines Signage Section 15-6 Mr. Smith stated there are two variances being proposed. He stated the applicant, Mr. Stokes, wants to build a one-story building that is facing South Atlanta Road and two -stories on the rear. Mr. Smith further stated Mr. Stokes wants to place retail spaces on the top floor facing South Atlanta Road and offices on the rear bottom floor. Mr. Smith stated the second variance is to vary from the sign guidelines as the applicant would like to have more than one sign on the building, but actually this is to reduce the amount of signage on the road. Mr. Smith further stated Mr. Stokes wants to build retail shops facing Atlanta Road and is asking to have signs no larger than 10% of any tenants front facade, multiplied by the eave height, per tenant. Mayor Bacon recognized Mr. Jim LaVallee, representing Gazelle Properties. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of these variance requests. There was none. Councilman Lnenicka stated there had been a meeting held recently where the surrounding residents had been invited. The purpose of the meeting was to allow the surrounding residents to meet Mr. LaVallee and talk about his plans and provide input. Mr. Lnenicka asked Mr. LaVallee to describe to the council what he plans to do on this parcel and why. Mr. LaVallee stated the elevation of the site falls away from grade and is in somewhat of a hole. Mr. LaVallee further stated when they first looked at the site they considered building a retaining wall, filling it, bringing it up to street level which would make it more appealing for their commercial use. He stated as they studied the cost of doing that, it became more feasible to go with a basement type design and elevate the building. He stated as they worked the site and parking they could actually get enough parking to make that leasable area instead of just dead space. He stated the site meets all the requirements of General Commercial and they actually have a grading permit for one version of it. Mr. LaVallee stated they do need the two variances from the Urban Design Guidelines and he further stated they have worked with the city, Mr. Lnenicka, who has been gracious with his time, Robin Broyles, Planning Department. Mr. LaVallee stated he could show an elevation of the building but feels they have come up with a building that is consistent with the city's vision of Smyrna and has a lot of the look and feel of the buildings in the downtown area. He further stated it is a quality -looking building and he feels it will be a positive part of the community. Mr. LaVallee presented drawings of the elevations of the building and explained them. Mr. LaVallee stated they plan to incorporate brick into the buildings in place of floor -to -ceiling plate glass fronts. He also indicated the brick on the sides of the building will be higher than depicted on the drawings. He stated the areas that appear to be windows will actually be stucco but if the tenant desire windows, the stucco areas can be replaced with windows. He stated the back side of the building will be brick and glass, and they have done a few things to make it more appealing to the community. He stated they have added details to the rooflines, which would be more appealing to the apartment complex located behind the building. Mr. LaVallee stated they have agreed to put pavers at the entrance, install a staircase at one point to make it more convenient for access to either the upper or lower area; the dumpster will be located in such a place as to have limited visibility and plan to screen around it and the dumpster will sit below grade and will not be an eyesore to the traffic along South Atlanta Road. Mr. LaVallee addressed the detention pond. He stated when they calculated the retention and flood — he stated he reconfirmed with the civil engineers — there is some water currently that comes down through the parking lot and drains across a natural creek that is on the property and free flows — and they have calculated to hold that volume as well as that generated by the site and they were able to increase the capacity from meeting the 100-year flood plain to 120% and that will hold the water. Mr. LaVallee stated they plan to have a brick base with a sign at the street, which is consistent with the 32 square foot maximum surface area for a sign in the South Atlanta Road Urban Design Guidelines. Mr. LaVallee stated the variance request for the sign variation is to allow for one sign over each tenant area. He stated they have worked out the language to try to limit the size of them and put some restrictions on what it would be. He stated there were other restrictions about indirect lighting and they will make sure they are consistent with that. Councilman Lnenicka asked Mr. Lavallee if the property is already zoned General Commercial at this time and Mr. LaVallee responded that is correct. Mr. Lnenicka then stated Mr. LaVallee is not coming for a October 6, 1997, meeting - continued rezoning but for a variance on the two issues — signage and mobility in that district to have shop fronts or store fronts facing the rear. Mr. LaVallee stated that is correct. Mr. Lnenicka stated there were a number of suggestions made in the public hearing held two weeks ago. Mr. Lnenicka stated they discussed the retention pond and Mr. LaVallee has agreed to the requirement that the water from a one hundred year event be retained plus 20% beyond that to hold additional water. Mr. LaVallee responded that is correct. Mr. Lnenicka stated Mr. LaVallee has also agreed that he will be willing to incorporate something called a "first flush" technique which was researched at his suggestion at the meeting. Mr. LaVallee stated only if the city wants it but there are some negatives to that as well. Mr. Lnenicka stated Robin Broyles has copies of this method, which will eliminate some of the possible contaminants and keep them from going downstream into creeks and watersheds. Mr. LaVallee stated a simple explanation is that during light or normal rains, the pond would actually have a base that would hold some water so the inlet instead of being at the very bottom would be set higher and the pond holds the water. He further explained it is the idea is that if it is not a very heavy rain, any oil or contamination that might come off the parking lot, would sit in the bottom of the pond and percolate down to the ground and this holds it instead of allowing it to go downstream. Mr. LaVallee stated the negative side is it is a mosquito -breeding haven and there are apartments on two sides of the property. Mr. Lnenicka stated he would ask Mr. Scoggins to add that issue to the agenda for a Community Development Committee meeting to study that and see if it makes sense in this or any other development. Mr. Lnenicka stated Mr. LaVallee has agreed to do this if the city wants him to. Mr. Lnenicka stated Mr. LaVallee has agreed to fence the detention pond with a black -vinyl coated chain link fence, screened with planted materials and the gate to be facing the parking lot and not the apartments. Mr. Lnenicka stated the landscaping along the rear property line will be thirteen five -gallon evergreen wax myrtle trees; side property line with twelve - gallon white or slash pines; frontage will have two-inch caliper river birch or red maple trees at the corners of the site and accent points combined with shrubbery and grass. He further stated pavers will be installed at the front entrance in line with the sidewalks, addition of a stairway from the upper level to the lower level parking lots on the south side of the building; installing several courses of brick along the front elevation of the building to take out the total glass frontage; agreed to meet, other than the variances requested, all the stipulations of the Atlanta Road Corridor Urban Design District Guidelines. Mr. Lnenicka thanked Mr. LaVallee for his cooperation with the community and the city's requests. Mr. LaVallee thanked Mr. Lnenicka for all the time he spent with him during the planning stages of the building. Councilman Wood asked Mr. LaVallee what type businesses he proposes to have in this building. Mr. LaVallee responded they have discussed leasing with several dry cleaners, nail salon, and a soup and sandwich type lunch business. He further stated he sees the bottom level as a general office type use — possibly a real estate or an accounting type business. He further stated they are not into arcades or anything that would attract youth and also stated they would not tolerate skateboarders in their parking lots. Mr. Wood asked if they anticipate four retail spaces on the upper level and Mr. LaVallee responded yes. He stated unless there are leases in place, they will build the building as a wide open shell and then they could accommodate a tenant that wanted the entire building but the smallest divisions they would have would be to have it as it is drawn. Mr. Wood asked about the parking spaces and Mr. LaVallee responded there are fifty-four spaces, which meets the requirements. Councilman Hawkins asked if there was going to be retail space facing Atlanta Road and Mr. LaVallee responded that was correct. He then asked about the dimensions of the retail space and Mr. LaVallee responded 93 feet by 56 feet, the entire building. He then asked about the size of the four lease spaces and Mr. LaVallee responded they are 23 112 feet by 57 feet. Mr. Hawkins asked how the public would know about the spaces on the lower level that is not facing Atlanta Road. Mr. LaVallee responded there would be signs above each business on the front and for the offices there would be the monument sign at the road. Mr. Hawkins asked about the lighting in the rear of the complex. Mr. LaVallee stated they will meet the city's requirements. He further stated there would be lighting across part of the building and floodlights on the ends of the building. He also stated the residents were concerned about the area looking like a ball field and stated they will have adequate lighting but also be sympathetic with the adjoining property owners. Councilman Scoggins asked Mr. LaVallee if he would widen the entryway from 24 feet to 28 feet to allow better traffic entrance. Mr. Scoggins stated he wanted it noted for the record that he is concerned about the safety of the entrance because of the width and location across from Campbell Middle School. Mr. LaVallee stated he had hired LRE, a traffic engineering firm, and they had drawn the plans for the entrance. He further stated he would be willing to widen the entrance if necessary. Mr. LaVallee stated there is only going to be a maximum of four tenants and therefore there should not be that much traffic entering the development. He then stated he would be more than happy to bring back the drawings of the intersection for the council's review if necessary. Mr. Scoggins stated he is concerned about the safety issue at the intersection. Mr. LaVallee stated there is a traffic signal at the intersection and they could flare back the arc of the corner to ease that transition a little bit and could probably make it a little wider. Mr. Lnenicka asked Mr. Scoggins how wide he thought it should be and Mr. Scoggins responded he would like to see it 28 feet wide. Mr. Lnenicka asked Mr. LaVallee if he had any problem with making the entranceway 28 feet wide, a minimum of fourteen feet October 6, 1997, meeting - continued on each side. Mr. LaVallee stated he felt they could live with that. Councilman Hawkins asked about the individual signs requested. Mr. LaVallee stated Robin Broyles has determined this building to be a general commercial building and therefore only qualifies for one sign on the building. Mr. LaVallee stated he is requesting the variance to allow him to place an individual sign over each tenant space. Mr. LaVallee stated his plans are to have signage similar to the Merchant's Pavilion on Atlanta Road, indirectly lit signs, etc. Councilman Newcomb asked about the signs being 10% of the space above the tenant space. Mr. LaVallee responded that each bay is approximately 28 feet in length and probably 11 or 11 'h feet and rounding that to 10 feet for math purposes, that would be 280 square feet of surface space per shop and would allow the sign to be 28 square feet of surface area. Mr. LaVallee stated that would fit over each bay and not fill the space over the tenant space and basically would cover approximately two-thirds of that area. Mr. Newcomb stated he thought this is a good use for this property. Mr. Newcomb asked if the signs would be indirectly lit and be of a uniform look. Mr. LaVallee responded that was correct and further explained that there will be a building standard for the signs. He stated all of that has not yet been worked out but indicated they want something similar to the Merchants Pavilion building. Mr. LaVallee stated they will try to have a consistent background color for the signs but with some latitude as far as the colors. He further stated there will definitely be some consistent size and theme and will try to have consistent lettering. Councilman Lnenicka thanked Mr. LaVallee for working with the city during this planning process. Councilman Lnenicka made a motion to approve the two variances on Atlanta Road (Vary from Section 6 of Appendix F, Urban Design Guidelines; Vary from Appendix F, Urban Design Guidelines — Signage Section 15-6) with the stipulation that Mr. LaVallee include all the items listed in his letter dated October 1, 1997, letter (listed below) should the city so specify and designate and in addition to that, construct the entrance to be no less than 28 feet wide at the recommendation of Councilman Scoggins and meet all the items referenced in the letter if the city asks him to do them. 1. Retention Pond a) The retention pond will incorporate "first flush" techniques to improve discharge water quality. This will include raising the discharge outlet, installing a trash rack screen and installing ecologically friendly screening agents including arrow, cattail, and horsetail. The negative impact of this is that the pond will hold some water and likely be a mosquito habitat. b) The pond will be enclosed by a black color vinyl coated, chain link fence and screened with planted material, thus the interior of the pond should not be visible from the proposed parking lot. The access gate into the pond will be located on the parking lot side of the pond. The sides of the pond facing adjacent property owners will be screened by twelve five -gallon evergreen wax myrtle plants. These provide a screen both close to the ground while growing to a small tree size. c) There is limited room to create a retention pond larger than 120% of the 100-year flood plain. However, it should be recognized that water -runoff from the adjacent Town Creek Manor apartments, that currently drains freely across the site, as well as water runoff from the proposed development was used in the retention capacity calculations, thus the proposed retention facility will dramatically improve the current situation. 2. Landscaping a) Landscaping along the rear property line will be thirteen five -gallon, evergreen, wax myrtle trees which provide both a low and high buffer. b) The side property lines will be planted with twelve -gallon White or Slash Pines. c) The frontage will have two-inch caliper River Birch and/or Red Maple trees at the corners of the site and accent points, combined with shrubbery and grass. d) Pavers will be installed at the front entrance of the property, in line with the sidewalk, having a width of ten feet. 3. Stairway From Upper to Lower Level a) A stairway from the upper to lower level will be installed. 4. Front Elevation of Building a) Several courses of brick will be installed along the front elevation of the building versus having store front glass that comes down to the floor level. The bricks will be a minimum of twenty inches high. 5. Signage a) Signage will be commercial quality, uniform size, and shape appropriate to similar buildings and tenants in the area. Councilman Cramer seconded the motion. Motion was approved 7-0. October 6. 1997, meeting - continued (F) Alcoholic Beverage License Request — Agent change — Ruby Tuesday — 3197 South Cobb Drive — Retail Pouring of Beer, Wine and Liquor Mr. Smith stated Mr. James Richard Sweet has applied to serve as agent for this establishment. He further stated Mr. Sweet is a resident of Cobb County, residing at 2640 Wood Meadows, Marietta, Georgia. Mr. Smith stated the Police Department investigation revealed nothing that would preclude the issuance of the license to Mr. Sweet. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this agent change request. There was none. Mayor Bacon recognized Mr. Sweet. Councilman Hawkins asked Mr. Sweet how long he has been employed by Ruby Tuesday and Mr. Sweet responded approximately thirteen years. Mr. Hawkins asked what Mr. Sweet what his position with Ruby Tuesday is and Mr. Sweet responded he is the manager. Mr. Hawkins asked Mr. Sweet if there was a training program for his employees. Mr. Sweet responded they have a very structured training program, approximately five to six days, and is very thorough in terms of responsibilities of food and especially alcoholic beverages, the serving, consumption and the liability. Mr. Hawkins stressed the fact that all employees at Ruby Tuesday must be fingerprinted and receive a permit. Mr. Sweet responded they were all current on that requirement. Mr. Hawkins stated again that the Police Department investigation revealed nothing that would preclude the issuance of this license request to Mr. Sweet and all other requirements of the Alcoholic Beverage License Ordinance have been met. Councilman Hawkins made a motion to approve James Richard Sweet as the agent for Ruby Tuesday, located at 3197 South Cobb Drive, for retail pouring of beer, wine and liquor. Councilman Scoggins seconded the motion. Motion was approved 7-0. (G) Alcoholic Beverage License Request — New Ownership — Cumberland Amoco — 2535 Cobb Parkway — Retail Package — Beer Only Mr. Smith stated Ms. Nadira Amirali Merchant has requested to be the agent for the Cumberland Amoco, 2535 Cobb Parkway. Mr. Smith stated this is a change of ownership and Ms. Merchant is a resident of Cobb County residing at 3987 Brantley Drive, Austell, Georgia. Mr. Smith further stated Ms. Merchant has been given a copy of the Alcoholic Beverage License Ordinance and the Police Department investigation revealed nothing that would preclude the issuance of this license request to Ms. Merchant. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was none. Councilwoman Capilouto asked Ms. Merchant if they have just purchased this business and Ms. Merchant responded they are about to close the deal pending the approval of this requested license. She stated they plan to close the transaction on October 15. Ms. Capilouto. asked Ms. Merchant if she has held an alcoholic license before and Ms. Merchant responded she has not. Ms. Capilouto asked about the training of the employees. Ms. Merchant responded the current employees have been trained and she will be spending the next several weeks after the opening in making sure that they follow the policies and procedures that she has set. She stated she began meeting the employees this morning and in her policies and procedures manual, the three most important things on there are not to serve alcohol or tobacco to minors, not selling alcohol to anyone under 21. Ms. Merchant stated she has read the Alcoholic Beverage Ordinance and will abide by it. Ms. Merchant stated she has three employees and will keep them for the time being. Councilwoman Capilouto made a motion to approve Nadira Amirali Merchant as the agent for the Cumberland Amoco, 2535 Cobb Parkway, for the retail package license for retail beer only. Councilman Scoggins seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Bid Opening (Bid 97040) — Soil Shredder — Parks and Recreation Department Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Sand Science $17,890 Councilman Scoggins made a motion the bids be turned over to the Parks and Recreation Department Committee for their review with a recommendation brought back before council at the next meeting. Councilman Wood seconded the motion. Motion was approved 7-0. (B) Bid Opening (Bid 97041) — Water Main Replacement (Sharon Circle) October 6, 1997, meeting - continued Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: KM Davis Contracting, Inc. $39,590 Ardito Ditching and Pipeline $29,900 Councilman Hawkins made a motion the bids be turned over to the Public Works Department for their review with a recommendation brought back before council at the next meeting. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (C) Bid Opening (Bid 97042) — Water Main Replacement (Wayland Court and Frances Drive) Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: KM Davis Contracting, Inc. $51,939 Ardito Ditching and Pipeline $42,893 Councilman Hawkins made a motion the bids be turned over to the Public Works Department for their review with a recommendation brought back before council at the next meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Bid Opening (Bid 97043) — Water Main Extension (Old Concord Road) Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Ardito Ditching and Pipeline $19,600 KM Davis Contracting, Inc. $29,929 Councilman Hawkins made a motion the bids be turned over to the Public Works Department for their review with a recommendation brought back before council at the next meeting. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (E) Bid Opening (Bid 97044) — Tennis Court Resurfacing — Tolleson Park Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Southeastern Tennis Courts, Inc Court Makers, Inc. Creative Courts, Inc. Astra Group, Inc. Crawford Construction $10,450 $8,950 $10,980 $18,000 Returned — Forwarding order expired Councilman Hawkins made a motion the bids be turned over to the Parks and Recreation Department for their review with a recommendation brought back before council at the next meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. (F) Bid Opening (Bid 97046) — Trailer Mounted Sewer Jet Cleaner Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows: Underground, Inc. Adams Equipment Company Sewer Equipment of America $34,698 No Bid $32,153 (Includes 5% tax) Councilman Lnenicka made a motion the bids be turned over to the Public Works Committee for their review with a recommendation brought back before council at the next meeting. Councilman Hawkins seconded the motion. Motion was approved 7-0. (G) Proposed City of Smyrna Speed Hump Policy October 6, 1997, meetine - continued Mr. Smith stated these guidelines are proposed by the City Engineer. Councilman Hawkins made a motion the proposed policy be approved. He further stated this will clarify the procedures for requesting, installing and removing speed humps. Councilman Hawkins stated the city will go back and make sure all existing speed humps meet these standards. Councilman Cramer seconded the motion. Motion was approved 7-0. (H) Approval to Contract with Architect for Multi -purpose Building at Tolleson Park Councilman Scoggins stated this is a request by the Parks and Recreation Department to continue the use of Mayes, Suddeth and Etheridge (MSE) for this project. He stated the impact will be $17,200. He stated the committee recommends the city continue to use MSE for this project. Councilman Scoggins made a motion that Mayes, Suddeth and Etheridge be approved as the architects for the multi -purpose building at Tolleson Park. Councilman Cramer seconded the motion. Motion was approved 7-0. (I) Approval of Professional Fees for Amendments to ADD1 and ADD2 District Guidelines Councilman Scoggins stated the Community Development Committee recommends John Moeller to work on this project for a total cost of $5,750. Councilman Scoggins made a motion John Moeller be approved for professional work on the ADD and ADD2 District Guideline revisions for a total cost of $5,750. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS• (A) Atlanta Building Contractors — Construction of 5,250 Square Foot Auto Repair Shop — 2781 Hargrove Road Mr. Smith stated Atlanta Building Contractors are requesting a permit for the construction of a 5,250 square foot auto repair shop. The estimated cost of construction will be $390,000. The construction will be for Tony Sapp located at 2781 Hargrove Road next to the Residence Inn. Ms. Capilouto asked Mr. Sapp to briefly describe the building. Mr. Sapp responded this will be an eight -bay repair facility with the entire front area being a reception area. The front will be stucco and glass with an overhanging roof. He further stated the bays will be in the rear of the building. He further stated the width of the building is 90 feet and the bays are 55 feet wide, centered on the building. Ms. Capilouto asked what type repairs will be done at the facility and he responded mainly preventative maintenance, diagnostic work for emission repair, light work for vehicles, oil changes and scheduled maintenance. Mr. Sapp stated they will not be doing any type of bodywork or painting. Mr. Sapp stated there would be very limited outside storage as they plan to move the cars quickly. He stated that on some occasions a car might be parked overnight while they are waiting for parts. Councilwoman Capilouto made a motion the building permit for Atlanta Building Contractors for the construction of a 5,250 square foot auto repair shop, Cobb Galleria Automotive, be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Davies General Contracting — Permit for Construction of a 2,121 Square Foot Taco Bell Restaurant — Cobb Center Mall Shopping Lot Councilman Cramer made a motion that the building permit for the construction of a 2,121 square foot Taco Bell Restaurant at Cobb Center Mall be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. BID AWARDS: (A) Bid Award (Bid 97039) — Demolition of Old City Hall and Police Building Councilman Lnenicka made a motion the demolition of the old city hall and police building be awarded to Georgia Sicilian Enterprises, Inc., the low bidder meeting specifications, for a total price of $53,700. Councilman Cramer seconded the motion. Motion was approved 7-0. (B) Bid Award (Bid 97036) — Tolleson Park Playground Equipment Councilman Scoggins made a motion that the bid for playground equipment at Tolleson Park be awarded to GameTime, Inc., low bidder meeting specifications, for a total of $15,220. Mr. Scoggins stated this is $220 over the budgeted amount and stated the excess cost will be funded from the Facilities Division of the Parks and Recreation Department. Councilman Cramer seconded the motion. Motion was approved 7-0. October 6, 1997, meeting - continued CONSENT AGENDA: (A) Approval of September 15, 1997, Minutes (B) Approval of September 22,1997, Minutes (C) Approval to Use Council Chambers, Tuesday, October 7, 1997, From 7 — 9 p.m. for Ward 5 Meeting (D) Approval to Purchase Singing Tower Carillon System for Community Center's Clock Tower (E) Approval to Advertise Abandonment and Closing of 10.98 Foot Wide Unused Alleyway (concord Road and Atlanta Road) (F) Approval to Install Speed Hump on Pinedale Drive (Between King Springs Road and McCauley Road) (G) Approval to Transfer Surplus Funds from Senior Citizen Van Allocations to Pavilion — Church Street Center (Senior Citizen Use) (H) Approval to Install Speed Hump on Old Spring Road (1) Approval to Close Mill Pond Temporarily at Cul-de-sac for Construction (J) Approval to Use Council Chambers November 14, 1997, 7 — 9 p.m. for CMA meeting Councilman Scoggins made a motion the consent agenda be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilman Wood reported the Friends of the Smyrna Library will hold their next meeting October 16 at 7:30 p.m. and will be held at the Library. Councilman Lnenicka reported he had received a letter from Karen Hatchett, Shawnee Trail, thanking the city for the work done recently by the Public Works Department. Councilman Lnenicka reminded everyone the Cobb County Department of Transportation will hold a public meeting on Wednesday, October 8, at 7:00 p.m. at the Smyrna Community Center. He further explained this is part of a two-year project to develop a comprehensive transportation plan for the year 2020. Councilman Cramer reminded everyone of the Fall Festival to be held October 18 and 19 and the Halloween Carnival at the Community Center on Friday, October 31. Councilwoman Capilouto reminded everyone of the Ward 1 meeting October 7 at 7:30 p.m. at the Community Center. Howard Smith announced the city is currently installing the new playground equipment at Cobb Park and should be finished by this weekend. With no further business, the meeting adjourned at 10:12 p.m. October 6, 1997, meeting - continued A. MAX BACON, MAYOR 1 �C'A""� rdol'6-'� CHARLENE CAPILOUT , WARD 1 BILL SCOGGINS,''4 I4 / CRAMER, WARD 5 CHARLES PETE WOOD, WARD 7 DAMERON, CITY CLERK RON NEWCOMB, WARD 2 � �%� .D. I 1