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12-01-1997 Regular MeetingDecember 1, 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 Councilman Pete Wood, followed by the pledge to the flag. CITIZENS INPUT: Councilman Hawkins presented Deborah Clayton with a plaque and crystal jonquil in appreciation and recognition of the eleven years she has served on the Planning and Zoning Board. PUBLIC HEARINGS: (A) Rezoning Request - Atlanta Road (4.04 Acres) From R-15, Single Family Residential to RM-12, Condominiums Mr. Smith stated the applicant is requesting the rezoning of the 4.04 acres adjoining the northern side of Vinings Forest Condominiums from R-15, Single Family Residential to RM-12, Condominiums. Mr. Smith further stated this rezoning, if approved, will require a land use change. Mr. Smith also stated two variances are being requested. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the rezoning request. City Attorney Chuck Camp administered the oath to those persons wishing to address the issue. Councilman Lnenicka asked Mr. Tim Tise to come forward and briefly explain why the rezoning is being requested. Councilman Lnenicka stated the Planning and Zoning Board has reviewed the application and recommends approval of the rezoning request. Mr. Tise stated the rezoning is for the purpose of allowing him to build forty-eight additional units in the Vinings Forest Condominium complex. Mr. Tise explained the price range of the 108 homes in the first phase of the complex has been from $99,950 up to the mid $130,000's. Mr. Tise stated the price range for the next forty-eight homes will be from somewhat over $100,000 all the way up to the $140,000's. Mr. Tise stated there will be four buildings with six different home types. He stated in order to do the last phase of Vinings Forest they will need two variances which are also requested tonight. Councilman Lnenicka asked Mr. Tise about the stipulations for the residents whose property adjoins this property. Mr. Lnenicka asked about the price of the smallest, least -expensive unit that will be built and sold in Phase IV. Mr. Tise responded that price will be $102,950 and agreed to that as a stipulation. Mr. Lnenicka then asked if Mr. Tise would agree to extend the brick and wrought iron fence north on Atlanta Road and will be the same style and size and type of fence fronting Atlanta Road as what is currently on the existing phases. Mr. Tise agreed he would extend it all the way to the final corner of the last phase. Mr. Lnenicka then asked about the planned landscaping in front of and behind that fence. Mr. Tise responded the landscaping would be consistent with the earlier phases. Mr. Lnenicka then read the stipulations agreed to in a November 24, 1997, letter from Mr. Tise, to be made a part of these minutes. Councilman Wood asked Mr. Tise about the condition of the streets in the complex. He further stated the streets are not dedicated streets and are the responsibility of the Vinings Forest Association. He then asked Mr. Tise about the condition of the streets in the complex. Mr. Tise responded there were several potholes mentioned at an earlier meeting which have now been repaired. He stated the construction company that is building Phase 3 is currently grading in order to put down their base coat and after that is done, the entire Vinings Forest project will be repaved and the topcoat will be put on. Mr. Tise further stated he hopes to have that completed by the end of the year, weather permitting. Mr. Wood stated he also had questions about the size and price range of the new homes. Mr. Wood asked about the placement of the homes in the buildings since there will be twelve homes in each building. Mr. Tise responded each building is designed to have two floor plans of each style in the building. He further stated there are six total floor plans and the home priced at $102,950 is the smallest of the floor plans with 1200 square feet of heated floor space and the largest plan (the Waverly) has 1776 square feet of heated space with a total square footage of 2322 with the garage included. Mr. Tise stated the starting price for the Waverly is $139,950. Mr. Tise stated only one floor plan does not have a garage. Mayor Bacon recognized Tim Gunther, 307 Vinings Forest. Mr. Gunther stated he understood the original zoning for the property was for 108 units but when he read his purchase documents it stated there would be 156 units built in the complex. He stated he is a member of the advisory committee and further stated many of the residents are opposed to the additional four buildings due to the population that will be added December 1, 1997, meeting - continued to the pool area and the general common areas of the facilities. He stated he was also concerned about parking in the complex as each building has two units that do not have a garage. Mr. Gunther stated he was concerned about the methodology used to obtain signatures for approval to amend the legal description of the property. Mr. Gunther stated the wording in the letter appeared misleading to him as it mentioned a sweepstakes and the award of a $100 gift certificate from Home Depot. Mr. Gunther stated the letter was not issued to all residents of Vinings Forest but just to a select number. Mr. Gunther then stated a second letter was sent to the residents of Vinings Forest thanking them for sending in their amendments to add the additional lot to Vinings Forest (letter dated 10-27-97). Mr. Gunther submitted the letter to the City Clerk. Mr. Tise explained when the original document package was put together for Vinings Forest, it was for 108 homes with the expansion possibility of another forty-eight homes for a total of 156 homes. He further stated in all the documents the owners received when they paid the earnest money, the document stated condominium expansion (Section 16) "declarant hereby expressly reserves the option to expand by 156 units the condominium from time to time and at any time to include any one or more portions of the additional property." He stated the additional property that was described in the document package was basically the two lots next door to Vinings Forest. He further stated Mrs. Bartoka expressed an interest in selling the third lot over and that required them to incorporate that as an expansion property in the document package. Mr. Tise stated their attorney advised them that since they had 156 homes already in the document package it was not a critical issue but they decided to go back to the existing Vinings Forest homeowners and tell them what they planned to do. Mr. Tise stated the letter from the attorney was extremely dry and asked the homeowners for their signature. Mr. Tise stated they made the letter more colorful and offered a $100 gift certificate. He stated they letter basically asked them to agree to the addition of the expansion property. Mr. Tise stated there were sixty-six closings at the time of the letter and they needed two-thirds majority which equaled forty-five people whose names were randomly drawn at that point. Mr. Tise stated initially they received thirty-one signatures and eventually received forty-eight signatures. Mr. Tise stated if no one returned their letters with the signatures, they would have had to re- think whether or not to go forward with the project since they had already agreed to 156 units. He stated the only thing changing in the documents was the description of the additional lot they were buying. Mayor Bacon asked if the existing amenity package was designed for 108 units or 156 units. Mr. Tise responded it is designed for anywhere between 175 and 200 units. Mr. Tise stated it was his understanding from conversations with the residents is that there is not enough deck area at the pool. He stated that is one of the things his company had offered to do was expand the deck area to accommodate more people and that was the reason for offering the $10,000 for whatever improvements the residents want to make. Mayor Bacon asked if the complex has considered building another pool closer to the second phase and Mr. Tise responded the problem with that is the pool would be for forty-eight units and that would impact the association fees negatively plus the fact there is not a lot of room for a pool. He stated they have offered to make an amenity area near the back of the property but it would be a picnic area. Mr. Lnenicka stated the purchase of the third lot (Lindsay/Bartoka) enables the complex to use almost all of it to become a buffer for Mrs. McGee on the north side. He further stated the main reason for acquiring that property is that Mrs. Bartoka does not want the lot and can not maintain it and it provides an expanded buffer on that north side. Mr. Tise stated there will be no additional building on that lot and 75 feet of the 100 feet will be almost entirely an undisturbed buffer with the exception of the variance they are requesting on a small portion of the lot. Mayor Bacon recognized Abigail Gunther, 307 Vinings Forest Circle. Ms. Gunther stated she is concerned about the increased traffic, unresolved parking problems and does not feel one pool is sufficient. Mr. Lnenicka asked Mr. Tise if there is any additional parking that could be provided in the complex. Mr. Tise responded he feels the problem is an operational issue. He stated the complex meets the parking standards and requirements of the City of Smyrna. He stated they are planning to install "No Parking" signs around the pool area because that presents a problem for some of the residents attempting to exit their drives. He stated when they presented this to the Advisory Committee, the committee requested they would also like to have "Subject to Towing" on the signs and Mr. Tise asked them to advise him what they want on the signs before he proceeds with signage. Mr. Tise stated they are correcting some maintenance issues such as malfunctioning gates. Mr. Tise stated the construction company that damaged the gate is paying for repairs to it and they will make sure no construction traffic enters or exits through the gate. He stated once the far portion of the project is open, the construction will enter and exit through it (on the Jopenea lot side). He stated the lease on the sales trailer expires in February and it will be moved from its present location and one of the homes - Unit 706 - in the new area will serve as the sales office. Mr. Tise stated all construction traffic will enter from Atlanta Road and not go through Phase 3 of the development. Mr. Tise stated he would agree to have the trailer moved by no later than March 1, 1998. Mayor Bacon recognized Colin Green, 510 Vinings Forest. Mr. Green expressed his concern about the ongoing construction at the complex and the allowable hours of construction. He stated he was not in support of the additional forty-eight units being built. December 1, 1997, meeting - continued Mayor Bacon recognized Jack Shinall, Hickory Acres Drive. Mr. Shinall stated he would like to make it clear that in the buffer area, there is no recreation buildings, pool, etc. Mr. Tise responded that was correct. Mayor Bacon recognized Ellen Cahill, 108 Vinings Forest. Ms. Cahill stated their major concern is the paving and the quality of life in the complex. Mr. Lnenicka stated he was aware of the paving concerns and Mr. Tise has agreed to resurface the area in question, weather permitting, very soon. Mayor Bacon recognized Tim Gunther again. Mr. Gunther stated he had read the purchase documents but now that he has been a resident the pool seems small for the complex. Mayor Bacon stated there seems to be a lot of issues not associated with the rezoning request brought before the Mayor and Council this evening. He then asked Mr. Tise if these issues have been addressed with the residents and Mr. Tise responded they have. Mr. Tise stated the construction company will work only during the allowed hours as defined in the Code of Ordinances. Mr. Camp read the allowable work hours are Monday through Friday - 7:00 a.m. - 6:00 p.m.; Saturday - 10:00 a.m. - 6:00 p.m., and no work on Sunday. Mr. Lnenicka asked about the gate at the entrance and the security concerns of the residents. Mr. Tise stated the entrance gates will be repaired and re -installed as soon as possible. Mayor Bacon recognized Gladys Venore, 202 Vinings Forest. Ms. Venore stated she did not approve of the manner in which Mr. Tise received the required signatures for the amendment to the legal description of the property. Ms. Venore stated she is opposed to the construction of the new buildings. Mr. Tise stated for the record that the letter mailed to the randomly selected homeowners was in fact a two - page letter and not just the single page that was presented earlier to the City Clerk. Mr. Smith asked Mr. Tise if the letter in question was in any way related to the building of the units. Mr. Tise stated that it was not. Mr. Smith explained the letter provided the residents, if they chose, a wider buffer in their condominium complex between themselves and adjoining property. Mr. Smith stated he felt the question to the residents is whether they wanted a larger green space surrounding the units or a lesser one. Mr. Tise responded that was correct. The letter enabled them to purchase the last lot and 75 feet of that will be a buffer. Councilman Lnenicka thanked all the residents who came to the meeting tonight. Mr. Lnenicka stated Items A, B, C and D are all related but will be addressed separately. Councilman Lnenicka made a motion to approve the rezoning request on Atlanta Road (4.04 Acres) from R-15, Single Family Residential to RM- 12, Condominiums with the stipulations listed under the first portion of this item (Pages 1 and 2) and the letter from Realty Development Corporation be incorporated as stipulations to the zoning. He stated there are eight stipulations in that letter and he added the following stipulations: 1. Two magnolia trees on McGee/Lindsay property line will remain undisturbed. These shall be maintained by the Vinings Forest Condominium Association, Inc. unless these trees are located entirely on the McGee property as determined by boundary survey. 2. Vinings Forest Associates will construct an eight foot (8') wooden "dog-eared fence" similar to that on Mrs. McGee's north property line as close as possible to the south property line. This fence may terminate between trees if such trees are on the property line in order to preserve such trees. This fence shall extend from the corner of the brick structure supporting the Vinings Forest wrought iron fence on Atlanta Road to a point along the property line toward the railroad until the 75' buffer is reestablished. The finished side shall be toward the McGee property. The Vinings Forest condominium Association shall maintain this fence. Vinings Forest Associates, LP., the condominium Declarant, shall have a maintenance agreement placed in the Vinings Forest Document Package. 3. A six foot vinyl coated chain link fence similar to the one installed surrounding Vinings Forest shall be constructed down the full length of the property just inside the Vinings Forest property line. This fence and the above wooden fence shall be installed before any grading or construction is started on the four buildings in the last phase of Vinings Forest. 4. The Lindsay house and driveway shall be removed in such a way as to minimize disturbance of vegetation on this lot and replanting shall take place on the site of the Lindsay house and the removed driveway within thirty days of this removal. Any construction entrance to serve Phase 4 shall be placed on the current Jopenea lots. Vinings forest Associates, LP, shall also remove the old, existing chain link fence on the south property line of the McGee property. 5. Vinings Forest Associates, LP, shall coordinate the removal of a gas meter by Atlanta Gas Light adjacent to Mrs. McGee's house. 6. There shall be no grading in the seventy-five foot buffer area other than in the described variance area December 1, 1997, meeting - continued that reduces such buffer down to forty feet at a point and then returns to the full 75 foot buffer. The transition area between the curb and the decreased undisturbed buffer shall be replanted consistent with the existing planting design between Vinings Forest and the CSX right of way. 7. Vinings Forest Associates, LP, agrees to reimburse Mrs. McGee to pressure wash her house "after the dust settles," on the construction of Phase 4 Vinings Forest for an amount up to $300. 8. Vinings Forest Associates, LP, agrees to contribute $10,000 to the Vinings Forest Condominium Association, Inc., for the Association to spend on common element items such as the redesign and or expansion of the pool deck area, fencing and/or purchases of additional pool furniture or placement of outdoor facilities such as picnic tables, benches or the creation of amenity or relaxation areas or for any other common element improvement purposes the Vinings Forest condominium Association, Inc., seems fit. 10. The price of the smallest unit in Phase IV will start at $102,950. 11. Realty Development Corporation will extend the present fence on the front of the property along Atlanta Road along the entire frontage of Atlanta Road of this additional property that will become Phase IV. The fence will be the same size, same style, same type, same appearance. 12. Realty Development Corporation will continue heavily landscaping the front along Atlanta Road to be consistent with the existing frontage on Atlanta Road. 13. There will be. no construction traffic through Phases 1, 11 and III. Mr. Lnenicka stated he would expect Mr. Tise to take the appropriate steps to make that happen. 14. The sales trailer currently located in Phase I on the site will be removed no later than March 1, 1998. Councilman Cramer seconded the motion. Councilman Newcomb stated he objected to the rezoning request due to the density. Motion was approved 5-2 with Councilman Newcomb and Councilwoman Capilouto opposed. (B) Land Use Change - Atlanta Road (4.04 Acres) From Low Density Residential to High Density Residential See narrative above. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition. There was no opposition. Councilman Lnenicka stated consistent with the rezoning that was just approved by the council; the city needs to amend the future land use plan to reflect the different density. Councilman Lnenicka made a motion to approve the Land Use Change on Atlanta Road (4.04 Acres) from Low Density Residential to High Density Residential. Councilman Cramer seconded the motion. Motion was approved 5-2 with Councilman Newcomb and Councilwoman Capilouto opposed. (C) Variance Request - South Atlanta Road - North of Vinings Forest Condominiums - Reduce Side Yard Buffer from 75 Feet to 40 Feet See narrative above. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the variance request. There was none. Councilman Lnenicka asked Mr. Tise to step forward again. Mr. Lnenicka stated this is one of the more critical issues on this property. He further stated it involves the Lindsay/Bartoka property adjacent to Mrs. McGee, most of which will become the buffer area. He stated there is one section according to the plans where the required 75 foot buffer (north side) narrows down to 40 feet. He asked Mr. Tise to explain the reason for that need. Mr. Tise stated this is the side yard portion of the property. He stated there is a 75- foot buffer that penetrates the 75-foot buffer to a minimum of 40 feet. He stated due to that fact, the stipulations of the eight -foot privacy fence and all the vegetation being left alone in the buffer area is the reason for the request. He stated there is an area for about 180 feet that the 75-foot undisturbed buffer narrows. Councilman Lnenicka stated Mr. Tise had inquired as to whether the city would allow the driveway on the northeast corner be removed which would allow the 75-foot buffer to be maintained. Mr. Lnenicka stated it was the response of the Fire Chief and Chief Building Official that the driveway needed to be connected to the roadway for reasons of fire safety and life safety and that is the reason for the variance request. Mr. Tise responded that was correct and they wanted to try to give full access around the homes. He. stated the building itself does not encroach into side yard buffer. Mr. Lnenicka asked Mr. Tise if he would be agreeable to the stipulation that the 75-foot buffer could contain no recreational equipment or structures. Mr. Tise stated he would and that the only area they might try to do something is inside that 75 foot buffer on their side and inside the 40-foot area they might develop a picnic site or something. Councilman Newcomb stated the variances on the table were due to the forty-eight additional units and asked if they could be avoided if only thirty-six units were built. Mr. Tise responded if they built thirty-six homes, he was not sure the development would work and also they would be before council looking at some pretty substantial variances at that point. He stated if they only had the two lots there, it would be extremely difficult to do and they might end up with another 10 foot buffer or so but this will allow them to do the full 75 foot buffer with the exception of the one little area that will be 40 feet. December 1, 1997, meeting - continued Councilman Hawkins stated for the record that this is for expansion of a complex that is already at 12 units per acre. Councilman Lnenicka made a motion to approve the variance request on the north side of Vinings Forest Condominiums to reduce the side yard buffer from 75 feet to 40 feet as per the drawings provided with the stipulation that no recreational structures be built in the 75 foot buffer area. Councilman Cramer seconded the motion. Motion was approved 5-2 with Councilman Newcomb and Councilwoman Capilouto opposed. (D) Variance Request - Atlanta Road - North of Vinings Forest Condominiums - Reduce Front Yard Setback from 81 Feet to 40 Feet See narrative above. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the variance request. There was none. Councilman Lnenicka stated the basic setback from Atlanta Road does not change on the new parcel (4.04 acres) but the right of way line changes. Mr. Lnenicka further stated this is where Atlanta Terrace used to start and the right of way actually jogs from where it normally runs along Atlanta Road in this area on the east side and jogs further east and that represented the start of Atlanta Terrace and the streetcar line. Mr. Lnenicka further stated that the distance the buildings are setback from the curb on Atlanta Road really doesn't change but you measure the setback from the edge of the right of way and what has changed is the right of way as measured from the curb and is further to the east on this portion of the property and therefore when you measure from the new right of way line further east the distance of the buildings is less than what is on the current Phases I, 11 and III and that is the reason for the variance request. The buildings are not being moved forward, the city right of way moved eastward. Mr. Tise stated for clarification that the reason the request is for 81 feet is that the South Atlanta Road Urban Design criteria, under Section 14 states that "no less than 90% of the setback line of the nearest existing structure on the same side of the road once the variance is approved by the Mayor and city council of the City of Smyrna"...and building 7 is 90 feet and 90% of that equals the 81 feet. Councilman Lnenicka made a motion to approve the variance request (4.04 acres) on Atlanta Road on the north side of Vinings Forest Condominiums to reduce the front yard setback from 81 feet to 40 feet as per the plans submitted. Councilman Cramer seconded the motion. Motion was approved 5-2 with Councilman Newcomb and Councilwoman Capilouto opposed. (E) Variance Request - 3251 Concord Circle - Reduce Side Yard Setback from 10 Feet to 2 Feet Mr. Smith stated Ms. Florence Hammock has requested this variance in order to build a carport. He stated Ms. Hammock states in her application that her cars have been damaged by the weather and is requesting this on a hardship. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to this variance request. There was none. Mayor Bacon recognized Mr. Tom Kidd, representing Ms. Hammock. Councilman Hawkins asked Mr. Kidd to briefly describe why the variance is necessary. Mr. Kidd stated that 17 feet from the corner of Mrs. Hammock's home to the property line is solid concrete from the house to the property line. He stated with a 10-foot setback there would be no way to build the structure. He stated Mrs. Hammock is requesting to place a carport over the existing concrete driveway in order to protect her car. Councilman Hawkins stated Mrs. Hammock is not in the best of health and has obtained the signatures of the affected property owners stating they have no objection to the building of a carport. Councilman Hawkins made a motion to approve the variance request at 3251 Concord Circle to reduce the side yard setback from 10 feet to 2 feet for the purpose of building a carport. Councilman Scoggins seconded the motion. Motion was approved 7-0. (F) Rezoning Request - South Cobb Drive and King Springs Road (22.5 Acres) from R-15, Single Family Residential to G.C., General Commercial and R-15, Single Family Residential and RAD Conditional, Single Family Residential Mr. Smith stated the applicant, Russell Barnett, is requesting rezoning of 8.9 acres fronting on South Cobb Drive into seven commercial lots and 13.6 acres with frontage on King Springs Road to RAD Conditional for single family housing. He stated the seven commercial lots range in size from a little over 2 acres to approximately one (1) acre; the RAD Conditional (13.6 acres) lays out with 56 lots in the preliminary plan with a density of slightly over four lots per acre. Mr. Smith noted that the RAD portion of the rezoning will require a land use change. Mr. Smith noted the Planning and Zoning Board recommend the rezoning December 1, 1997, meeting - continued of the property. Mayor Bacon asked Mr. Barnett to come forward. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of the rezoning request. Mayor Bacon asked those wishing to address the issue to come forward and be sworn in. Mr. Camp administered the oath to those persons wishing to speak. Councilman Hawkins asked Mr. Barnett to briefly to describe the residential and commercial properties. Mr. Barbett stated they are requesting that all South Cobb Drive frontage, totaling 8.9 acres, be divided into seven (7) separate parcels of General Commercial. He stated each one of those will be subject to Mayor and Council's review when a user is located for any one parcel. Mr. Barnett stated the residential portion of the project contains 13.6 residential lots with 4.1 units to the acre. He stated they have met on several occasions with King Springs Baptist Church and several surrounding property owners and feels they have met most everyone's needs on the issue. Mr. Barnett introduced Chuck Fuhr, Division President of Ryland Homes, who will be the builder of the homes. Mr. Fuhr stated Ryland Homes is a thirty-year old homebuilder, New York Stock Exchange company, and has been in the metro Atlanta area since 1971. He further stated they have most recently built Olde Vinings Mill community, on Cooper Lake Road. He stated they envision this project with the same or similar product with ranging from 1700 square feet to 2800 square feet homes with at least 50% of the homes would be a brick or stucco front; any siding would be the hardy plank which is concrete siding; the stucco would be hard coat so it would not be the synthetic stucco. He stated the house prices would starting in the $170,000 range and they would expect their experience would be very similar to the Cooper Lake Road experience that the buyers who have come to that area have actually wanted more home and are willing to spend more money than what their opening prices were. He stated the setbacks were of some issue in the Planning and Zoning meeting and in reviewing the plans from their standpoint the shorter setback would allow them to place larger homes on those lots. He stated they have the 15-foot setback at Old Vinings Mill and the footprint of those homes require a larger lot with a shorter setback. Councilman Hawkins asked about the setback requirements at Old Vinings Mill and Mr. Fuhr responded they have 15 foot front setbacks from the right of way and that is what they are requesting for this development. Mr. Fuhr stated Vinings Mill West is actually in Cobb County but also has the 15-foot front setback. Councilman Wood asked Mr. Fuhr if they plan to build 56 homes and none of the commercial development and Mr. Fuhr responded that was correct. Councilman Hawkins stated the stipulation placed on the property by the Planning and Zoning Board is to have a 25- foot front yard. He then explained to Mr. Fuhr that if they are talking about 15 feet from the right of way, the right of way comes up into the front yard, and the homes would have to be set back more than 15 feet off the curb. Mr. Fuhr stated he understands that. Mr. Hawkins asked if Mr. Fuhr would be willing to agree to 20 feet and Mr. Fuhr stated he believed that would be acceptable. Mr. Hawkins then asked Mr. Fuhr if he would be agreeable to a 20-foot front yard setback instead of the 15 feet shown on the plat. Mr. Fuhr responded he would. Mr. Hawkins asked about the price range of the larger homes in the development. Mr. Fuhr stated the base price of the smallest house would be $170,000 range with the larger homes ranging up to $280,000. Mayor Bacon asked about the density and Mr. Fuhr stated it equates to 4.1 homes per acre. Mr. Fuhr stated he would like to further address the front setback issue. He then stated they would really have to study the front setback on a lot -by -lot basis and would be hesitant to agree to a 20-foot setback. He stated they may have to come back for some variances and he would like to simplify that and keep it at the 15-foot setback if at all possible. Councilman Wood asked about the ingress/egress to the residential development. Mr. Fuhr stated all entrance and exits would be off King Springs Road with no access to South Cobb Drive from the residential property. Mr. Fuhr stated there is also a 25-foot buffer or a fence as an optional separation between the residential and commercial property which would prevent that. Councilman Lnenicka asked if they chose to use the fence as a buffer, would there still be a 25-foot buffer. Mr. Fuhr responded there is a 25 foot rear setback which would be in effect anyway so it is a matter of putting up a six-foot opaque fence or doing a landscape buffer that would meet City of Smyrna codes. Mr. Lnenicka asked Mr. Fuhr if he would agreeable to allowing the City Engineer design whatever accel/decel lanes that would be appropriate for the site distance and safety at that location. Mr. Fuhr stated they have talked with Cobb County Department of Transportation and it will be coordinated with the city. Mr. Hawkins stated the State would be in charge of that area and not Cobb County. Mr. Hawkins asked about the landscaped entrance with the sign identifying the subdivision. Mr. Fuhr stated there would be landscaping and a nice sign identifying the development. Mr. Hawkins asked Mr. Fuhr if he would be willing to put in accel/decel lanes as requested by the City Engineer. Mr. Fuhr stated they would and already have a decel lane in their plans. Mr. Camp stated if this plan is approved as far as commercial property, that in no way approves the curb cuts on South Cobb Drive. Mr. Barnett stated they have had discussions with the State Department of Transportation and they have approved four curb cuts on South Cobb Drive. Mr. Camp stated the zoning of the commercial property tonight has nothing to do with the curb cuts on South Cobb Drive. Mr. Barnett stated each parcel will have to come back before Mayor and Council on an individual basis. December 1, 1997, meeting - continued Mr. Hawkins stated the four curb cuts were a stipulation placed on the property by the Zoning Board and asked Mr. Camp if the P&Z Board could enforce that. Mr. Camp responded they could not. Mr. Lnenicka asked about the radius of the cul-de-sacs in the development. Mr. Fuhr responded there are two different radiuses - on the smaller cul-de-sacs the radius is 26 feet and 40 feet on the larger ones, which meets city codes. Mayor Bacon recognized Johnny Plunkett, 91 Concord Road. Mr. Plunkett stated he is the Chairman of the Georgia Association of Taxpayers. He stated he is concerned about the over population of the area and feels the town is becoming grossly over populated. He stated he is opposed to the rezoning of the property with the increased density. He also stated he is concerned about the commercial zoning, as there is no definite user of the property as of tonight. Mayor Bacon recognized Bill Mauldin, Kingsview Drive. Mr. Mauldin stated he is not totally opposed to the rezoning but is concerned about the stipulations. He stated if this is approved he would hope the stipulations would be carried out - such as construction traffic and where it comes and goes from; the hours of construction; concerned about increased traffic on King Springs Road and especially the effect on school children. Mayor Bacon stated the hours of operation are standard and the builders would be allowed to operate within those hours. Mayor Bacon stated if a builder wished to operate outside the prescribed hours of operation, they must come back before Mayor and council and ask for an extension of hours. Mr. Lnenicka stated during his term on council, the council has not approved the extension of working hours in anything other than commercial areas. Mayor Bacon recognized Al Graves, 1079 Pinehurst Drive. Mr. Graves stated he is also concerned about the traffic on King Springs Road. He asked why no cuts were considered being made onto South Cobb Drive to alleviate the traffic. Mr. Hawkins stated in the original plan the entire area was for residential development and no commercial area. He then stated the density was 6.2 houses per acre and the price of the homes was somewhat lower. Mr. Hawkins stated there was a meeting with the homeowners in the area and the membership of King Springs Baptist Church. He further stated one of the major objections to the project was that it originally showed a street from South Cobb Drive through the project into King Springs Road. Mr. Hawkins stated the opposition was to that cut -through street. He further stated the commercial area is there in order to get the prices of homes higher, the size of the lots had to be increased and will have to take the front lots and make them commercial. Mayor Bacon recognized Mr. Mauldin again. Mr. Mauldin stated there was some concerned expressed by the residents of Starline Drive at the meeting that if the project is built, what would be done to prevent any possible foot traffic trying to get to the facilities at King Springs Park. Mr. Barnett stated he was not sure how to address that issue. He stated that area would be back yards of residents of the new development and would certainly be considered trespassing by anyone taking that route. Councilman Hawkins stated for the record that the small cul-de-sacs in the development will be private streets and not maintained by the City of Smyrna. Councilman Newcomb stated one concern of his is when the commercial sites are developed, would the owners of the residential property know ahead of time that their property will abut their property. Mr. Barnett stated he had discussed that with Mr. Fuhr and it will be addressed in their CCR's. He stated in addition there is usually a sales table set up showing that as such. Councilman Lnenicka asked Mr. Barnett if in terms of the private streets, would he be agreeable to stating that those streets be built in accordance with the City of Smyrna residential street specifications. Mr. Barnett stated he would. Councilman Hawkins made a motion to approve the rezoning on King Springs Road from R-15, Single Family Residential, to RAD Conditional for the purpose of single family homes on the 13.9 acres and that the 8.9 acres be rezoned from Single Family Residential to General Commercial with conditions. Mr. Hawkins stated the following stipulations will apply to the residential portion: Residential Stipulations: I. The lots will be a minimum of 7100 square feet. 2. There will be a minimum of 15 feet between each home. 3. There will be a minimum of a 20-foot front yard as measured from the curb. 4. There will be a 25-foot buffer between the church property and the residential property on Starline Drive and will be either a planted or an undisturbed buffer between the church and Starline Drive. 5. The construction traffic will come from South Cobb Drive into the project. 6. A minimum of 50% of the homes will have either a brick or stucco fagade. 7. Private streets, the smaller cul-de-sacs, will be built in accordance with the City of Smyrna street specifications and requirements. December 1, 1997, meeting - continued General Commercial Stipulations: 1. There will be a 50 foot buffer separating the residential and commercial property and that buffer will be planted or undisturbed; if there is a tree line there, leave the trees in. 2. Mr. Hawkins stated the Planning and Zoning Board had asked that only four (4) curb cuts be allowed on South Cobb Drive and if that is enforceable by the city, he would like to limit the curb cuts to four. 3. Conditional zoning on commercial property: Each commercial lot be brought to Mayor and Council for approval on the site location for each lot. Mr. Barnett stated that the stipulation for construction traffic access that until this project goes through the approval process with the State Department of Transportation, with the speed of traffic on South Cobb Drive, he is not sure they will be allowed to have all their access. Mr. Barnett stated he was willing to do this but they may have to come back before the elected body on the traffic issue. He further clarified his concerns by stating if the State D.O.T. prevents their having construction access from South Cobb Drive their only alternative would be to go through King Springs Road. He stated he was not sure this would happen but wanted to mention it. He stated their intentions are to bring the traffic through South Cobb Drive. Councilman Wood seconded the motion to approve the rezoning request. Councilman Lnenicka commended Mr. Barnett, Mr. Fuhr and Mr. Hawkins for their efforts in this project. Motion was approved 6-0 (Ms. Capilouto left the meeting due to her father's illness). (G) Land Use Change on RAD Portion of Property on South Cobb Drive and King Springs road from Community Activity Center to Medium Density Residential Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the land use change. There was none. See narrative above. Councilman Hawkins made a motion to change the future land use map to reflect that the residential property rezoned above be changed from Community Activity Center to Medium Density Residential. Councilman Wood seconded the motion. Motion was approved 6-0 (Ms. Capilouto was absent). (H) Variance Request - 3180 Atlanta Road - Reduce Sign Setback from 15 Feet Behind Right of Way to 1 Foot Behind Right of Way Mayor Bacon stated this item will be tabled and asked if anyone was present to address the issue. There was none. Councilman Lnenicka stated this is for the property on Atlanta Road on the south side of Brawner's property for a sign variance. Mr. Lnenicka further stated the applicant is requesting two variances - to place the sign one foot from the public right of way and to increase the size of the sign from 32 square feet to 48 square feet. Mr. Lnenicka stated the request is based on site distance and visibility. Councilman Lnenicka made a motion this item be tabled until December 15, 1997. Councilman Cramer seconded the motion. Motion was approved 6-0 (Ms. Capilouto was absent). (1) Variance Request - 3180 Atlanta Road - Increase Sign from 32 Square Feet to 48 Square Feet See narrative above. Councilman Lnenicka made a motion this item be tabled until December 15, 1997. Councilman Cramer seconded the motion. Motion was approved 6-0 (Ms. Capilouto was absent). (J) Variance Request - 1669 Spring Road - Reduce Rear Yard Setback from 30 Feet to 10 Feet and Reduce the Side Yard Setback from 10 feet to 3.8 Feet. Mr. Smith stated the applicant, Mr. Anilkumar V. Patel, is requesting these variances to allow him to add a 932 square foot addition to his building to accommodate a restaurant at this location. Mr. Smith noted the contiguous property owners have been notified and have indicated they have no objection to the variances being requested. Mayor Bacon asked Mr. Patel to come forward. 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 Scoggins asked Mr. Patel what type restaurant he planned to build. Mr. Patel stated they have talked with four different restaurants (Schlotsky's, Sub shop) and are trying to narrow that down to one. December 1, 1997, meeting - continued He stated the restaurant will be a deli style establishment. Mr. Scoggins asked Mr. Patel to briefly describe what he plans to do at this location. Mr. Patel stated they will meet all the safety requirements of the City of Smyrna. The building will have a metal roof and required firewalls; they will also close one ingress/egress on the Jonquil Drive side. Mr. Patel stated there will be no entrance to the restaurant from the existing business. Mr. Patel stated the new sign will be in the location of the original pole and will meet the sign requirements of the city. Councilman Scoggins made a motion to approve the variance requests at 1669 Spring Road to reduce the rear yard setback from 30 feet to 10 feet. Councilman Hawkins seconded the motion. Motion was approved 6-0 (Ms. Capilouto was absent). Councilman Scoggins made a motion to reduce the side yard setback from 10 feet to 3.8 feet. Councilman Cramer seconded the motion. Motion was approved 6-0 (Ms. Capilouto was absent). FORMAL BUSINESS: (A) Adoption of 1997 Comprehensive Plan Revision Mayor Bacon asked John Moeller to come forward. Councilman Scoggins asked Mr. Moeller to briefly explain the revision. Mr. Moeller stated there has been extensive local review of the plan and it has been submitted to the Atlanta Regional Commission for regional review, the state level for State review by the Department of Community Affairs. He further stated all those reviews have been completed; all the changes to the plan have been made and the plan is ready for adoption. Mr. Moeller stated this plan will guide the city for the next twenty years but the city will have to establish an annual review process for the plan. Mr. Moeller stated this is the second revision to the original plan and is good for ten years. Councilman Scoggins made a motion to approve and adopt the 1997 Comprehensive Plan Revision. Councilman Wood seconded the motion. Motion was approved 6-0 (Ms. Capilouto was absent). (B) Authorize Mayor to Sign and Execute Phase III Contract with Ray Argo, University of Georgia ITOS Councilman Lnenicka stated this will be the final phase of the contract and should cost approximately $9,520. Councilman Lnenicka made a motion to authorize the Mayor to sign and execute Phase III contract with Ray Argo, consultant with the University of Georgia Information Technology Outreach Services in the amount of approximately $9,520. Councilman Cramer seconded the motion. Motion was approved 5-0 (Mr. Wood was temporarily out of the council chamber and Ms. Capilouto was absent). (C) Approval of Water Rate Increase Councilman Lnenicka stated the Cobb -Marietta Water Authority has implemented a series of rate increases in the past and has announced for many years a program to continue that into the future. He stated each year they plan to implement a 2 % rate increase on water usage and a 4 % on wastewater or sewage. He stated the city has received a letter from the Cobb County -Marietta Water Authority dated November 18, 1997, confirming the 2% increase on water to the city and will be effective January 1, 1998. He stated this is not a pleasant task for the city but is necessary. Mr. Lnenicka read from the letter "the authority is on track to freeze the rate structure after 2003 and to have retired all bond indebtedness by 2005. At that point the Authority will be self -funded for any future system operation and capital improvements. The current financial mode calls for continuing the annual 2% rate increase through 2003. The Authority is committed to freezing rates prior to that time if financial conditions allow." Councilman Hawkins stated the City of Smyrna will receive no increase in its budget from the rate increase, as it is a straight pass - through of the cost increase. Councilman Lnenicka made a motion to increase effective January 1, 1998, the City of Smyrna water rate by 2%, the amount of the increase the city will receive from the Cobb County -Marietta Water Authority. Councilman Hawkins seconded the motion. Motion was approved 5-1 with Mr. Scoggins opposed (Ms. Capilouto was absent). Councilman Lnenicka stated the city had received a letter from the Cobb county -Marietta Water Authority dated April 14, 1997, stating this adjustment is the third in a five year program of 4% annual adjustments and was approved by the Cobb County Board of Commissioners on August 22, 1995. He stated the 4% wastewater adjustment goes into effect to the City of Smyrna January 1, 1998. Councilman Lnenicka made a motion to increase the wastewater rates by 4% to city water system customers effective January 1, 1998. Councilman Wood seconded the motion. Councilman Scoggins stated he was opposed to the rate increase as it causes a hardship to residents on fixed incomes. Motion was approved 5-1 with Mr. Scoggins opposed (Ms. Capilouto was absent). December 1, 1997, meeting - continued (D) Alcoholic Beverage License Ordinance Amendment Councilman Lnenicka stated the city has made many pages of revisions, which he did not read but stated the revised ordinance will be on file in the office of the City Clerk. Mr. Lnenicka thanked the staff for their efforts in revising the ordinance. Mr. Lnenicka stated one of the major revisions is that the applicant as an agent will be required to be employed by the business a minimum of 30 hours a week (not necessarily on the premises) and has to be an employee of the business. He further stated this person will have to be responsible for the sale or alcoholic beverages. Mr. Lnenicka stated the city has removed the restriction that required the applicant (agent) to live in Cobb County. Councilman Lnenicka made a motion that the amendments to the Alcoholic Beverage License Ordinance as presented to the Council tonight be approved. Councilman Cramer seconded the motion. Motion was approved 6-0 (Ms. Capilouto was absent). (E) Authorize the Mayor to Sign and Execute the 1997 Georgia Local Government Equipment Lease Pool Program Resolution Councilman Lnenicka stated the city has been participating in the Georgia Municipal Association Lease Pool Program since 1990. He stated they have updated their program and have executed the 1997 Georgia Local Government Equipment Lease Pool Program. He stated there is a four -page resolution which GMA and the Finance Department have asked the Mayor to sign and execute which will authorize the city to participate in the 1997 Program and basically continue in the lease pool program. Councilman Lnenicka made a motion that the Mayor be authorized to sign and execute the 1997 Georgia Local Government Equipment Lease Pool Program Resolution. Councilman Wood seconded the motion. Motion was approved 6-0 (Ms. Capilouto was absent). (F) Authorize the Mayor to Execute Professional Services Agreement with Sizemore -Floyd Councilman Newcomb stated the current fire headquarters was constructed thirty years ago and has served its useful life expectancy. He further stated as part of the downtown redevelopment plan, a new fire station has been anticipated for a long time. The Fire Committee has considered a proposal from Sizemore Floyd and it appears to be in the best interest of the city to continue with Sizemore Floyd in terms of the design of a new fire station downtown. He stated this will ensure continuity of the building design. He further stated this will authorize the Mayor to execute a professional services agreement with Sizemore Floyd for the project — namely the programming and design services for a new fire station facility and associated site development to be located north of the new police/jail facility on Atlanta Road and part of the downtown redevelopment of the City of Smyrna. Councilman Newcomb made a motion to authorize the Mayor to execute a professional services agreement with Sizemore Floyd for this project. Councilman Cramer seconded the motion. Motion was approved 6-0 (Ms. Capilouto was absent). (G) Approval to Accept the Dedication of the Streets Only at the Park At Oakley Downs Councilman Newcomb stated that three-quarters of the streets at Oakley Downs that consists of two of the three phases in Oakley Downs were streets that were accepted from the inception as dedicated to the city. He stated a portion of the street in the Park at Oakley Downs was not. Mr. Newcomb stated the Public Works Committee reviewed this request before them to bring those streets in the Park at Oakley Downs before them for dedication of those streets to the city. He stated the city will not accept the utilities underlying those streets in the Park. Councilman Newcomb made a motion to accept the streets and roadway at the Park at Oakley Downs. He further stated specifically excluding the utilities lying thereunder which shall remain the property and responsibility of the Homeowners Association at the Park at Oakley Downs. Councilman Cramer seconded the motion. Motion was approved 6-0 (Ms. Capilouto was absent). COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: There were none. December 1, 1997, meeting - continued CONSENT AGENDA: (A) Approval of November 17, 1997, Minutes (B) Approval of November 24, 1997, Minutes (C) Approval to Request Bids - Four (4) Police Vehicles (D) Approval to Request Bids - Two (2) Fire Department Vehicles (One Van and One Sedan Councilman Lnenicka made a motion to approve the consent agenda. Councilman Wood seconded the motion. Motion was approved 6-0 (Ms. Capilouto was absent). COMMITTEE REPORTS: Councilman Cramer reported at this morning's First Monday Breakfast hosted by the Cobb Chamber of Commerce, the Mayor accepted an award from the Chamber for the City of Smyrna. He further stated the city had won the ULI Award for Excellence. Councilman Scoggins announced the Christmas parade and tree lighting ceremony is scheduled for tomorrow evening beginning at 7:00 p.m. Councilman Newcomb expressed his appreciation to the Police Department for their extra attention they have given to Spring Road during the period of construction. Mayor Bacon wished Charlene Capilouto's father, Dr. Morris Capilouto, a speedy recovery. Mayor Bacon announced that Chief Larry Williams has indicated the leaf -burning ban will be extended through the month of December - just for the weekends (Saturdays only). With no further business, the meeting adjourned at 10:20 p.m. �G A. MAX 1 , MAYOR MELINDA DAMER N, CITY CLERK CHARLENE CAPILOUT , WARD 1 RON NEWCOMB, WARD 2 z A �AOAU-S-- - 0-- 4Lre�- BILL SCOGGI , RD 3 JAMES M. HAWKINS, WARD 4 �410X Al - CRAMER, WARD 5 IAL ii —101� 4 4�ee�e CHARLES P TE WOOD, WARD 7 WADE S. LNENICKA, WARD 6