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07-19-1999 Regular MeetingJuly 19, 1999 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 J. Al Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Coordinator Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Robin Broyles and representatives of the press. Invocation was given by Councilman Wood, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized District 30 State Representative Rich Golick. Mr. Golick stated he had established a $1,000 Tuition House Scholarship and introduced Trevor Justin Haynes, 1999 graduate of Campbell High School, and recipient of the 1999 scholarship. Mr. Haynes thanked Representative Golick for the scholarship and announced he will be attending Boston College in the fall. PUBLIC HEARINGS: (A) Variance Request - 3797 Highview Terrace - Locate Free-standing Carport in Front Yard Mayor Bacon stated items (A) and (B) were tabled from the July 6, 1999, meeting. Mr. Smith stated the applicant, Mr. Robert W. Nazarowski, is requesting the two variances because of a hardship imposed on his family by an accident involving his daughter that has resulted in paralysis and the need to provide some coverage for her during inclement weather. Mr. Smith stated the variances are necessary due to the layout or the slope of the lot in order to place this in a position on the lot to allow them to use a sidewalk that was put in especially to allow entrance into the house. 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 Wood stated Mr. and Mrs. Nazarowski and their daughter, Lorrie, are present tonight. Mr. Wood stated on June 21, 1999, the council held a public hearing on these requests and Mr. Nazarowski explained in detail the reason for the request. Mr. Wood stated at that meeting there was no opposition present but an adjoining property owner filed a written letter of objection to granting the carport variance and that letter was read into the record. Mr. Wood stated the item was tabled at the June 21 meeting to allow Mr. and Mrs. Nazarowski and the adjoining property owner to reach a solution that would be acceptable to both parties. Mr. Wood stated he is pleased to report that a proposed resolution has been agreed to by the applicant and the adjoining property owner. Mr. Wood stated he would offer the following motions but would like to allow Mr. Nazarowski to make any comments he wanted to. Mr. Nazarowski stated he would like to hear the verdict and then make comments. Councilman Wood made a motion that the application of Robert W. Nazarowski to erect a free- standing carport in his front yard be approved with the following stipulations: 1. When the carport is no longer needed to provide cover for Lorrie Nazarowski it will be removed by the property owner and 2. The location of the proposed carport will be moved approximately two (2) feet forward of the location shown on the variance application toward the house at 3797 Highview Terrace. Councilman Hawkins seconded the motion. Motion was approved 7-0. Mr. Nazarowski thanked Mr. Wood and the council on behalf of himself, his wife and daughter. Mr. Nazarowski also thanked a personal friend, Darlene Davidson, for her work to make this happen. He also thanked his neighbors, his daughter's therapist and Cobb Darby Realty who supported them in their request. July 19, 1999, meeting - continued (B) Variance Request - 3797 Highview Terrace - Reduce Side Yard Setback from 10 Feet to 4 Feet Councilman Wood made a motion that the variance request to reduce the side yard setback from 10 feet to 4 feet at 3797 Highview Terrace be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. e (C) Rezoning Request - 815 Windy Hill Road (0.55 Acres) - From R-15 to L.C. (Limited Commercial) Mayor Bacon stated this item was tabled from the July 6, 1999, council meeting. Mr. Smith stated the applicant, Joel Haney, is requesting this rezoning in order to convert the property from R-15 to Limited Commercial (L.C.). Mr. Smith stated this item was heard by the Planning and Zoning Board on June 14, 1999, and approved by a 6-0 vote. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the rezoning request. Several persons came forward and were administered the oath by City Attorney Al Cochran. Councilman Cramer recognized Garvis Sams, attorney representing Mr. Haney, and asked him to explain what the applicant wants to do with the property. Mr. Sams stated this application came before the Planning and Zoning Board on June 14, 1999, and received the unanimous recommendation for approval. He then stated two weeks ago the item came before council and was tabled to tonight's meeting. Mr. Sams stated the property consists of .55 acre tract and is located on the north side of the Windy Hill Road corridor and is in an area which is denominated under Smyrna's Future Land Use Map and Comprehensive Land Use Plan as being recommended for a Neighborhood Activity Center. Mr. Sams further explained the property is at the entrance to Belmont Hills Subdivision and consists of two subdivision lots that are oriented toward the Windy Hill Road corridor and is bounded on the north by properties zoned R-15; bounded on the east by property zoned General Commercial; on the south by properties zoned both for apartment utilization and N.S. (Neighborhood Shopping) - which is the Post Office; and on the west by Beaver Creek Road. Mr. Sams stated this property originally came before the Planning and Zoning Board in April of this year and at that time it only consisted of one lot whereas now there are two lots making it the .55 acre tract but it was withdrawn without prejudice prior to coming before the Mayor and Council. Mr. Sams stated from a legal perspective that in 1956 Belmont Hills Subdivision was developed by the Belmont Hills Company and at that time they instituted and recorded on the Cobb County Deed Records protective covenants, which controlled this subdivision in its entirety. He then stated the covenants were to extend for a period of 25 years and have successive periods of ten years so that they would automatically renew. Mr. Sams stated notwithstanding the automatic renewal provision, and not withstanding the 25-year duration, as it turns out Georgia Law precludes that from happening because as it stands now in O.C.G.A. 44-5-60 there is a requirement that covenants can last no longer than 20 years in duration. He then stated this means that in 1976 these covenants no longer had any force, effect and were terminated by operation of law. Mr. Sams stated there is an affidavit of record as of ten years ago to clear up some confusion with respect to the enforceability or viability of these covenants on record, signed by the Mayor, which reiterates precisely what he has already said. Mr. Sams further stated since 1976 the covenants no longer govern this subdivision. Mr. Sams stated Mr. Haney is seeking a rezoning of the property from R-15 for purposes of Limited Commercial and specifically for purposes of professional offices only. Mr. Sams stated they have prepared a letter dated June 17, 1999, which has been provided to the Mayor and Council, containing stipulations Mr. Haney is amenable to, which his successors and title will have to adhere to, which will become a condition of and a part of this rezoning. Mr. Sams stated they have agreed, as a stipulation and condition of zoning, to limit this for professional office use only - doctors, lawyers, accountants. Mr. Sams stated they have agreed, by this letter of stipulations and conditions, to eliminate, delete any access onto Beaver Creek Road and to position it in such a fashion so that there will be landscaping along the entire either side of the property that goes down to the right of way of Windy Hill Road, the planting of evergreen foliage subject to input from the city's engineering department and sight distance requirements as well. Mr. Sams stated the additional portion of the property could ostensibly be used for future development. Mr. Sams further stated they have agreed as a stipulation and condition of zoning is that if there is any future development on the property, other than what is there now, it will have to come back before the city's professional staff and the Mayor and Council to approve any additional development on the property. Mr. Sams stated any signage on the property will be ground -based, monument July 19, 1999, meeting - continued style that will be oriented toward the Windy Hill Road corridor, any lighting will be environmentally sensitive, low intensity lighting that includes security illumination on the property and they have agreed to address, from a screen perspective, any trash receptacles on the property or any HVAC systems, or electrical systems or any systems of that type. Mr. Sams further stated that denying Mr. Haney the opportunity to use this property as other properties are designated for and being used as commercial on this corridor would be inappropriate. Mr. Sams stated what they are proposing is appropriate from a land use planning perspective, consistent with the recommendation of the city's advisory council, consistent with the spirit, letter and intent of the Future Land Use Map and the Comprehensive Land Use Plan. Councilman Cramer asked Mr. Sams his definition of professional office uses and Mr. Sams responded they would the types of offices such as doctors, dentists, lawyers, accountants, typically the white-collar professional type offices. Councilman Lnenicka stated he has some concerns about the definition of professional and asked if it is possible that a more strict definition of professionals could be established. Mr. Sams stated they would be happy to do that and asked if it would be easier if they indicated what the business would not be or would the council prefer a list of what the business would be. Mr. Lnenicka stated he would prefer the latter if it is known. The following persons spoke in opposition to the proposed rezoning: Ms. Margie Bowman Mose, 875 Parkway, presented a petition signed by 81 % of the residents of the subdivision, objecting to the rezoning citing traffic and safety concerns; Mr. Jimmy Ware who expressed concerns about sewage problems; Mr. Sam Mose, 875 Parkway Drive, stated at the meeting last Thursday night, they were advised to consult an attorney which they have done. Mr. Mose then requested the council table the issue until August 2 to allow their attorney to present them with information concerning the issue of the protective covenants. Mr. Bill Edens, 859 Parkway Drive, spoke in opposition citing decline in property values and increase in crime. Mr. Lloyd McCall, 2261 Parkway Court, stated he bought the property in 1973 with a partner and owned the property as rental property until early this year. Mr. McCall stated he does not own the property now because you can not rent the property as residential. Mr. McCall stated he has no opposition to what Mr. Haney is doing with that piece of property. Mr. Garvis Sams stated he would like to articulate the specific uses of the property as requested by Councilman Lnenicka. Mr. Sams stated he would like to define those uses as found in the Limited Commercial section of the City of Smyrna's zoning ordinance. He stated what they would include in that list as a condition or stipulation of zoning is as follows: offices of health service practitioners including physicians, surgeons, dentists, dental surgeons, dental labs, osteopathic physicians, chiropractors and other licenses practitioners similar to those listed and medical and dental laboratories, other professional offices including legal, accounting, auditing, engineering, architectural and others in similar character to those listed; general business offices including financial, real estate, insurance, manufacturers and sales reps and other similar in character to those listed provided that no goods are for sale at retail. Mr. Sams stated they would stipulate, as a condition of zoning, that it would be limited to those type uses. Mr. Sams briefly discussed the covenants issue and stated in preparation before the Planning and Zoning Board prepared a Memorandum of Law that was presented at that time to the Board with copies provided to certain individuals. He then stated on June 14 there was a cognizance and understanding of what their position was with respect to the covenants and certainly since April of this year there has been an understanding from these folks with respect to what the city's position was with respect to the covenants. Mr. Sams further stated the elected officials of the City of Smyrna are not obligated in any way to follow the terms and provisions of the covenants as they are private covenants, if they were still in effect, running with the land. Mr. Sams then asked the elected officials to follow the Planning and Zoning Board's recommendation. Councilman Lnenicka suggested tabling this issue to allow the residents to receive a legal opinion from their attorney with the understanding that the council votes either in favor of or to deny the rezoning request at the August 2, 1999, meeting. He then stated that he would still like for Mr. Sams to further define what type office the property would be used for. Mayor Bacon stated he hates to inconvenience people by asking them to come before this body for a third time. Councilman Cramer stated if he tables this issue, he will hold another neighborhood meeting prior to the August 2 meeting. Councilman Hawkins asked if the item is tabled, is the issue the legality of the protective covenants? Councilman Cramer responded no. Councilman Hawkins stated most of the rezoning issues are resolved on the basis of whether it meets the criteria of the city's zoning ordinance and the Land Use Plan. Mr. Cramer stated he would like to meet with Mr. Sams and/or the applicant and determine what professional offices might be at that location. Mr. Sams stated he thought two weeks ago when Mr. Cramer made the motion to table it, he would have been invited to that meeting. He also stated delays in July 19, 1999, meeting - continued hearing this request costs his client $500 each time it is tabled, plus his cost. Mr. Sams stated they have filed a constitutional challenge to the existing zoning classification and contends that the city's failure or refusal to rezone this property, including any delays, for no reason at all other than to advance an agenda that is not going to be resolved because the residents will be here in opposition regardless of what an attorney tells them. Mr. Sams asked the city to vote on the issue tonight. Mayor Bacon stated that the covenant issue is only one of the issues being looked at and cited property values, crime, changes in the neighborhood, etc. a. Councilman Cramer made a motion to table the rezoning request at 815 Windy Hill Road until the August 2 council meeting. Councilman Hawkins seconded the motion. Motion to table was approved 7-0. (D) Zoning Amendment - Cooper Lake Road (7.39 Acres) - Reduce Front Yard Setback on 13 Lots and Reduce Lot Frontage at Building Line on 2 Lots Mr. Smith stated Split Rail Corporation is requesting the zoning amendment to reduce the front yard setback from 25 feet to 15 feet on five lots and to 10 feet on eight lots and reduce the lot width at the building line from 65 feet to 47.6 feet on Lot 17 and 59.5 feet on Lot 16. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this zoning amendment request. City Attorney Al Cochran administered the oath to the person wishing to speak to this issue. Councilman Wood recognized Kevin Moore, attorney for the applicant. Councilman Wood stated this property was rezoned on December 7, 1998, and this is not a rezoning but an amendment to that zoning. Mr. Wood asked Mr. Moore to explain the request. Mr. Moore stated this property was rezoned Residential -Conditional in December, 1998, which carries with it a site -plan specific stipulation or condition. He stated they are seeking a reduction of the front setbacks for thirteen of the twenty-six lots as well as a reduction in the width of the building line in two lots. Mr. Moore stated they are not seeking any variance or any change in the zoning stipulations that went into this particular rezoning that was approved in 1998 and are only seeking a reduction of the front setbacks on the property that were there due to the setbacks that were set out on the plan that was approved. Mr. Moore stated the engineering had not been finalized at the time the zoning was approved. He further explained once this had been completely engineered by Priske-Jones who is also the applicant who is developing this particular property and indicated a retaining wall on a visual display. He stated there was a 20- foot undisturbed buffer that was part of the stipulations of the rezoning. He stated in order to help the adjacent property owners they are not seeking any change in that 20-foot buffer but what that 20-foot buffer does is squeezes down the allowable building envelope. Mr. Moore stated what the subdivision is proposing - projected price range in the $300,000's - and due to the topography in the area once the engineering was done it was apparently going to be about a 10-foot retaining wall or greater needed in the area indicated on the display. Mr. Moore stated what they are seeking to do on these 13 lots is to be allowed to move the house a little closer to the street so they can reduce the size necessary for the retaining wall. He stated that will allow them to bring it from a 25-foot setback to a 10-foot setback at minimum. He stated basically they are seeking to reduce the height of a retaining wall and pull the houses back away from the residences that are there and give them some flexibility in design to be able to do the type quality development that needs to be done and maintain the integrity of the 20-foot buffer. He stated they are not seeking to reduce right of way - it will be standard; they are not seeking to change any of the zoning stipulations that were put in place prior. Mr. Moore stated the two lot widths that are affected as part of their request are simply lots that are toward the end of a cul de sac. He stated the remainder of the planned development will meet all the zoning stipulations. Councilman Wood stated at the time the property was zoned one of the main points made by the homeowners of Parkland Place subdivision that they did not want to be crowded in the terms of the property distance between the homes. Mr. Wood stated this will accomplish that objective as well as substantially reduce the retaining walls. Mayor Bacon recognized Brian McCreavy, 1170 Parkland Run, who stated he did not know whether he was in favor of or opposed to the zoning amendment but did have several questions he wanted to ask. He stated when the property was zoned several of the residents of Parkland Place Subdivision questioned whether the property - 7.3 acres - would not allow the number of lots of the estimated size that was brought forth and today they are asking for a zoning amendment due to lack of space. He stated they were also told there might be a retaining wall, might be a wooden fence to the adjacent properties and the wall was due to the topography of the area. Mr. McCreavy stated at that time there was no builder for the property and the plan was approved without a builder assigned. Mr. Wood stated there was an agreement that had not been fully realized at the time of the original zoning but they subsequently did negotiate with July 19, 1999, meeting - continued that group and the minimum lot size has not changed. Mr. McCreavy stated he understood that and the fact that the setback dimensions are being changed. Mr. Wood stated that is actually to the advantage of the homeowner in Parkland Place as it gives them more space between their property and the new homes. Mr. McCreavy stated he would like to have as part of the minutes that these homes will be minimum priced at $300,000. Mr. Moore responded that the zoning stipulations from December 7, 1998, required a fence at certain areas and that will remain in place and they are not changing that. Mr. Moore then stated the retaining wall is only necessary as an engineering feature and they can build 26 lots and put in 26 lots. However from a standpoint as a developer it is better to have a smaller retaining wall if the projected price range is in the $300,000's and that was the impetus for coming forward with this request. Mr. McCreavy stated the concerns of the homeowners in the Parkland Place subdivision last December was that 26 homes would not fit on the property and now the only reason they will fit is if the city changes the setback. Councilman Wood made a motion that the applicant's request to amend the zoning of 7.39 acres on Cooper Lake Road, with the stipulations that all other conditions approved when subject property was rezoned on December 7, 1998, remain in effect. Councilman Hawkins seconded the motion. Motion was approved 7-0. (E) Rezoning Request - Concord Road (6.544 Acres) - From R-20 to RAD-Conditional Mr. Smith stated Ed Hatcher, Hatcher Homes, is requesting this rezoning to develop a single- family subdivision on the 6.544-acre tract. He further stated Mr. Hatcher is requesting this property be divided into 19 lots with a density of 3.06 units per acre. Mr. Smith stated this item was heard before the Planning and Zoning Commission on June 28 and was recommended to council on a 6-0 vote in the affirmative. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the rezoning request. Several persons came forward and were administered the oath by City Attorney Al Cochran. Councilman Wood asked Mr. Ed Hatcher to present his proposal. Mr. Hatcher stated this is a 6.544-acre tract with about 2.6 acres belonging to Mr. and Mrs. O'Bryant and 3.8 belonging to Mr. Harmon and they are combining these two tracts and desire to bring them into the city. Mr. Hatcher stated both families are long-time residents of Cobb County. Mr. Hatcher stated he has been a resident of Cobb County for twenty-one years, graduated from Southern Tech with a Bachelor's Degree in Architecture and has been in construction approximately 20 years. He further stated he has been the owner of his own construction business for about twelve years. He then stated he is seeking this rezoning to build 19 homes of various sizes and plan to call the subdivision Hampshire Place which will denote the tradition and definition of the type of homes they want to build - something traditional and along the lines of southern -living type homes, bringing into that area somewhat nostalgic elements seen in homes built with front porches and that sort of thing, with a mix of elevations, being a combination of siding, brick, stone, cedar shake, etc. Mr. Hatcher is seeking a minimum square footage of 2,200 and going up to whatever the market will carry. Mr. Hatcher indicated that they have noted most of the trees of any good size on the property and they are so noted on the plat submitted. Mr. Hatcher stated the property is not fraught with trees as Mr. Lusk, father of Joyce O'Bryant, resides on the adjacent property and farms some of the property with an old tractor. Mr. Hatcher stated they went a step beyond what is called for to locate each one of the trees with the intent and purpose and endeavor to save as much of those trees as possible. He stated they have not located the approximate 47 pines on the property and those are shown as clouded areas on the plat but they do want to reserve and save those where possible. Mr. Hatcher stated the property lays pretty well and not much grading will be required and there is a natural slope on the property where they plan the detention area. He stated the area would not be a big pond area that is dug out but simply a brick wall - concrete wall - but faced with brick on both sides that will appear at the back of one lot and at the side of another lot thereby creating an attractive situation for both the residents that would inhabit those two lots as well as the residents of Concord Walk that back up to that area. Mr. Hatcher stated there are a couple of unusual requests that would be the side setback and on a couple of occasions a front road setback and all those were taken into account with the idea that they want to be able to move the house around to work around some of the trees. Mr. Hatcher further stated the distance between the houses would be maintained at 15 feet, which is currently done in the area. Mr. Hatcher stated the subdivision would have a homeowner's association with covenants, also they have agreed with some of the property owners there about fencing - length and location - that would surround some of the development, the subdivision would have streetlights and also brick pavers or some kind of stamped concrete entry way, an entrance monument and something with brick or heavy stone and maybe some heavy timbers - something really July 19, 1999, meeting - continued traditional. Mr. Hatcher stated he would like to work into the entrance way some Bradford pears that front on Concord Road and have those be a part of the entranceway. Mr. Hatcher indicated the starting price of the homes in the area would be at $200,000 and they would go from there to where the market would take them. He stated there would be two-story homes and ranch homes available with expanded landscaping and fully sodded yards, a mix of slab homes along with basements. Mr. Hatcher further stated he had reached an agreement with the family to name the subdivision Hampshire Place and rename the street Jeffrey Place in honor of a fifteen -year old boy that died in 1995 that resided there. Mr. Hatcher stated he has met and talked with the Concord Walk Homeowners Association, Mr. Russ Stanton - President, and explained what he plans to do in the development. Mr. Hatcher stated they seemed enthusiastic and the idea they would be bringing higher priced homes into the area. Mr. Hatcher stated he has also talked with an adjoining neighbor - Dr. Henry Rossi - and he does not object to the rezoning and the other property owner - Mr. Lusk - is also in agreement with it as well. Mr. Hatcher stated Mr. Larry Neese of West Georgia Surveying is present to answer any technical questions. Mayor Bacon recognized Johnny Plunkett, 91 Concord Road, who spoke in opposition to the rezoning. Mayor Bacon recognized Russ Stanton, Concord Walk resident, who stated he is enthusiastic about the development and stated he has a lot of respect for Mr. Hatcher as a builder and feels it will benefit Concord Walk. Mayor Bacon recognized Mike Dittus, 3901 Adams Place, who stated he had two concerns. Mr. Dittus asked about insuring that a privacy fence be put up along the length of his property separating his property from the new development and the setback from his property line and wherever the house are going to be. Mr. Hatcher indicated the setback from Mr. Dittus' property line would be (Lots 5 and 7) a 30- foot setback and that particular lot is 28,000 square feet. Mr. Hatcher stated he had agreed at the Planning and Zoning Board meeting to extend the fence all the way adjoining Mr. Dittus' property along with Mr. Whitfield's property. Mayor Bacon recognized Sam Whitfield, 151 Concord Road, who stated he is opposed to the rezoning due to the density, safety of children and traffic on Concord Road and drainage from the property. Mr. Whitfield stated he had asked at the meeting to have a fence built along the back of his property and wanted to make sure that was included in the agreement reached tonight. Mayor Bacon recognized Roger Lusk, who stated his father lives at 145 Concord Road next to the property in question. Mr. Lusk stated the street to be named either Jeff's Place or Jeffrey Place is in honor of his grandson and it will mean a lot to the family to have the street named in his honor and he has no opposition to the development. Mr. Lusk stated the traffic in that area is a problem and asked the city to consider a caution light or something like that where the roads intersect. Mayor Bacon recognized Gary Osborne, 1675 Rose Moss Court, who stated he is not necessarily opposed to the rezoning but is concerned about the traffic. Mr. Osborne asked if a traffic engineering study had been done and Mr. Wood responded no. Mr. Wood then stated that the City Engineer will review the plans and the proposed entrances to see if an accel/decel lane is needed in the area as well as a traffic signal to help with the traffic. Mayor Bacon recognized Kevin Fannis, 4124 Manson Avenue, who spoke in support of the development. City Administrator Howard Smith stated this particular plan had to be submitted to the County because this involves an annexation. Mr. Smith stated the city has received notification that the County has no objection to this proposed annexation and the rezoning of the property. Councilman Wood asked Mr. Hatcher who the builder for the development will be and Mr. Hatcher responded Hatcher Homes. Mr. Wood asked about the type exterior construction is planned. Mr. Hatcher stated they will use the cementitious siding along with some stone, brick, cedar shake - traditional look. Mr. Wood asked about the commitment to install fencing along the east side of the property and asked what type fence would be installed. Mr. Hatcher indicated he will install a 6-foot privacy fence made of treated wood with some kind of decoration, either some type of dome or scallop with posts ever so often, and that will abut the property owners who spoke this evening. Mr. Wood made a motion that the request of Hatcher Homes to rezone approximate 6.54 acres on Concord Road from R-20 to RAD-Conditional with the following conditions be approved. STIPULATIONS: 1. There will be a maximum of 19 lots. 2. Developer will install 6-foot privacy fence around the entire east side of the development. 3. There will be a mandatory homeowners association. This association will be responsible for the maintenance of the fence. 4. Homes will have a minimum of 2,200 square feet of heated space. July 19, 1999, meeting - continued 5. The development will have brick pavers or stamped concrete at the entrance. 6. Price range of the homes will be $200,000 and up. 7. All utilities in the development will be underground. 8. The developer will comply with the City's tree ordinance and preserve as many of the existing trees as possible. 9. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes within the development. Retention ponds will be built to hold at least 110 % of normal code required capacity subject to approval by the City Engineer. 10. There shall be a landscaped front entrance with signs giving the name of the development. 11. The developer will install decorative streetlights within the development subject to approval by the City Engineer. 12. Adequate erosion control measures will be constructed before site grading is undertaken and will be maintained until permanent ground cover is established. 13. The development will be in accordance with building standards indicated on the preliminary site plan submitted by the applicant dated 06-10-99 prepared by West Georgia Surveyors, Inc., Marietta, Georgia. 14. Fully sodded yards. 15. Street to be named Jeffrey Place or Jeffrey's Place. Councilman Newcomb asked Mr. Hatcher about the preservation of the trees on the plat and if he planned to save all the trees indicated on the plat. Mr. Hatcher stated to qualify that, some of the trees shown are indicated on a house pad site or in the roadway and obviously some of those will have to go. Councilman Lnenicka asked Mr. Hatcher if there was any reason he would not expect the price to go above $200,000. Mr. Hatcher responded no, but that he tends to be conservative and sees the $200,000 as a starting point. Councilman Newcomb seconded the motion. Councilman Hawkins stated that all the development that has occurred on Concord would have occurred whether or not the property was in the County or the city and further stated the zoning in the County and the city are more similar than dissimilar. Motion was approved 7-0. (F) Land Use Change - Concord Road (6.544 Acres) - From Low Density Residential to Medium Density Residential Councilman Wood made a motion that the land use change on Concord Road (6.544 Acres) from Low Density Residential to Medium Density Residential be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (G) Abandonment and Closure of a Portion of Right of Way (Old Pasadena Boulevard) - Land Lot 704, 17`' District, 2' Section, Cobb County, Georgia Mr. Smith stated when Village Parkway was constructed a portion of the old right of way (then called Pasadena Boulevard) was abandoned and Greater Zion Hill Baptist Church owns the abutting property and uses part of the adjacent property as parking. Mr. Smith stated the church officials have requested that the city officially close and abandon that right of way and convey it to them. Mayor Bacon stated this is a public hearing and asked if anyone wished to address the abandonment and closure of the road. Several persons came forward and were administered the oath by City Attorney Al Cochran. Councilman Scoggins stated the church has officially requested that the city convey this to the Greater Zion Hill Baptist Church and further stated he has only had a couple of phone calls that are against this. Mr. Scoggins stated if you study the plat it can be determined the property is no good to anybody except the church and they have been using it for several years. Mr. Scoggins stated when he came on council 10 - 12 years ago, a project was begun to fill in the back side of the property and it really looks good. Mayor Bacon recognized Alphonso Rudd, Deacon of Greater Zion Hill Baptist Church, who stated he is pleased to have the opportunity to speak in support of the abandonment and conveyance. Mayor Bacon recognized Johnny Bryant, 2858 Woodpark Trace, Kennesaw, and minister and member of Greater Zion Hill Baptist Church, who stated he is not in opposition to the deeding of the property to the church but stated there is a condition he would like to request in light of the possible deeding of this property to the church. Mr. Bryant stated Civil Action File No. 98-1-3250-05 is a civil action suit that is now in process in the Superior Court of Cobb County, State of Georgia, but it does show there is instability within the church and asked that a stipulation be added that if at any time the church or property is sold, that the property would July 19, 1999, meeting - continued be deeded back to the City of Smyrna and that the integrity of the said property would determined at that time. He then presented a copy of the civil action suit to City Clerk Melinda Dameron. Mayor Bacon recognized Thomas Starr, 2668 Pasadena Boulevard, who stated he is not in opposition to the city deeding the property to the church but his concern is the parking problem. He stated if the church is ever built on or extended out to where Pasadena Boulevard now exists, then it would create another parking problem. Mr. Starr stated he was concerned emergency vehicles could not enter the area if the street was blocked with parked cars. Mayor Bacon asked if the road was closed would it deny him access to anywhere. Mr. Starr said if the church ever added on or extended the building to the existing Pasadena Boulevard, parking would create a problem but he would not be denied access to anywhere. Mayor Bacon recognized Lestene Ford Fuller, 4444 Smyrna Powder Springs Road, who spoke in favor of the closure and abandonment of the road. Mayor Bacon recognized John B. Robinson, 2233 Gordon Circle, who stated his only objection to the closing of the street is the possible addition to the building and how they could build an addition to the church and still have the required parking spaces and feels this would prevent emergency vehicles for entering his neighborhood. Mayor Bacon recognized Deacon Clark, 150 Timber Creek Estate, who spoke in favor of the closure and abandonment of the roadway. Mayor Bacon recognized Albert E. Mayes, Sr., 1993 Turpin Road, who stated his main concern is the parking. Councilman Scoggins stated if the church enlarges in the future they will have to submit plans to the city and a certain number of parking spaces will be required. Mayor Bacon asked Chief Williams if there had been any problems with getting emergency vehicles into or out of that area on Sundays and the Chief responded not to his knowledge. Councilman Newcomb asked as a point of clarification if the current road splits the church's property with an island between the church and Village Parkway. Mr. Scoggins stated that was correct. Councilman Newcomb asked if the abandonment and closure of this right of way would make that property whole and Mr. Scoggins responded that was correct. Councilman Newcomb asked if Old Pasadena Boulevard is being used for parking by the church and the concern of some members is that if the city gives this up, then there might be some move within the church to expand and it will take away parking. Councilman Newcomb then stated that is an issue that the church internally is going to have to settle. He then stated the issue before Council is there is an old road that's really not being used by the public because it just goes into the parking lot of the church. Mr. Scoggins stated that was correct. Councilman Newcomb then stated it will not affect ingress or egress on Turpin and asked Mr. Scoggins if that was correct. Mr. Scoggins stated that was correct. Mayor Bacon asked if he were to go down that portion of Old Pasadena Boulevard, could he go anywhere else. Councilman Scoggins responded no. Mr. Starr stated if you go all the way from the end of Pasadena Boulevard where he lives, when it crosses Turpin Road, it goes up the hill toward the church and then you go right into Village Parkway. Councilman Newcomb asked if you would be cutting through the parking lot to get there. Mr. Starr asked whose parking lot? Councilman Newcomb replied the church's. Mr. Starr responded no, that's where Pasadena has always run around there. Mayor Bacon asked Mr. Starr if he was saying that there is access on that end of Old Pasadena back onto Village Parkway and Mr. Starr responded yes. Councilman Newcomb asked Mr. Starr if he was saying you could go through there and back onto Village Parkway and Mr. Starr responded that was right. Mr. Starr then said you can go up by the church and make a left turn and be right back on Village Parkway. Mr. Starr said he had been through this with Post Properties when they started developing over there and they put in a buffer zone and they cut Pasadena Boulevard off the middle there and that's why he could remember that it does go all the way around and comes back in there. Mr. Starr stated he was not aware that the parking lot - the new parking area - that the church has is property owned by the city. Councilman Scoggins said just the Pasadena Boulevard part of it - what is owned by the city is what they are considering conveying. Mr. Starr then asked with Pasadena Boulevard going through there is a parking lot on the other side - on both sides of the church - and asked if the church owns that property too. Mr. Scoggins responded the church owns the property from Pasadena to the crosstie wall which is probably about 66 feet or so. Councilman Newcomb indicated the triangular portion shown on the plat is part of the church property. Mr. Starr then asked what part of the parking lot is he hearing that the church is using that belongs to the city. Mr. Scoggins responded where the plat shows Pasadena Boulevard. Mayor Bacon recognized Lois Fields, 1920 Turpin Road, who stated that several years back the city gave the church access to the buffer zone - between Village Parkway and Pasadena Boulevard - to use it for a long time. She then stated that the church came back to the city and asked for permission to park there but that the church does not own that property and it belongs to the city. Ms. Fields stated she thought that was the portion the council was talking about this evening. Councilman Newcomb stated he thinks the triangular section she is talking about was part of the right of way and that is why the city's permission to park on it was necessary. Ms. Fields responded said she understood that but the church does not own the property. Councilman Newcomb said yes you do but the right of way goes through it. Ms. July 19, 1999, meeting - continued Fields asked if they were supposed to have a deed to that property. Councilman Newcomb yes that it is part of the church property. Ms. Fields asked when the city gave them the deed to the property and Councilman Newcomb responded it was his understanding that the church always had the deed to the property. Ms. Fields said she does not think that is correct. Ms. Fields stated that portion was the buffer zone. Ms. Fields asked Councilman Scoggins if he was telling her that the parking lot that they paved, belongs to Greater Zion Hill Baptist Church? i Mr. Scoggins responded he did not say that. Councilman Newcomb stated the city is trying to give the church this property and Ms. Fields stated she understands that but would like for it to be right. Mr. Johnny Bryant stated this discussion this evening reiterates the fact that there is dissention in the church and again referenced the civil action suit. Mayor Bacon recognized Mr. Starr who stated he opposes the road closing until it is clarified that the church does own the property on the other side. Councilman Lnenicka commended the group for their politeness and thanked them for that. Mr. Rudd stated the church is asking that the property which is currently using for parking be conveyed to the Greater Zion Hill Baptist Church and along with that conveyance that they agree the abandonment of Old Pasadena Boulevard, that section from Turpin into their property, be so abandoned so they can be the pure owners of the land and is in opposition to the tabling of the issue for clarification of ownership purposes. Mayor Bacon recognized Bernice Livsey, 1976 Turpin Road, who stated she is opposed to the abandonment of Old Pasadena Boulevard if they are not going to be deeded the parking lot that they have use of at this time. Ms. Livsey stated she thought that land belongs to the city and it will not do them any good to abandon Pasadena - which is their driveway - if they were not going to obtain the adjacent property. Ms. Livsey stated if that property is built on, she would have to go down Turpin Road or into Village Parkway and go up that little hill to come back into the church. Mr. Smith asked the city attorney if the 2.9 acres shown on the plat belongs to the city, would the city only be allowed to convey half of the property to the city. Mr. Cochran responded that is correct. Councilman Scoggins made a motion to approve the abandonment and closure of a portion of the right of way (Old Pasadena Boulevard) in Land Lot 704, 17' District, 2' Section, Cobb County, Georgia and convey that property to Greater Zion Hill Baptist Church. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (H) Alcoholic Beverage License Request - 2875 South Cobb Drive - Retail Beer and Wine Mr. Smith stated this is an owner and agent change and Mr. James A. Dirr will be the agent for this establishment located at 2875 South Cobb Drive. Mr. Smith stated Mr. Dirr has been given a copy of the Alcoholic Beverage Ordinance and it has been discussed with him. Mr. Smith stated the application is in order and the Police Department investigation revealed nothing that would preclude the issuance of this license to Mr. Dirr. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license. There was no opposition. Councilman Cramer asked Mr. Dirr if he will be the on -site manager and he responded he will be a supervising manager and will train employees to request the proper identification. Mr. Dirr stated he will supervise the employees and will go to the location from time to time and will train the managers. Mr. Cramer cautioned Mr. Dirr that the city does conduct sting operations. Councilman Cramer stated the application appears to be in order and the police department investigation revealed nothing that would preclude the issuance of the license to Mr. Dirr. Councilman Cramer made a motion that the alcoholic beverage license request for South Cobb Chevron at 2875 South Cobb Drive for retail sales of package beer and wine be approved with Mr. James A. Dirr as the agent. Councilman Wood seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Appointment to Parks Commission - Ward Councilwoman Capilouto stated Marian Ashley has been the Ward 1 representative on the Parks Commission for the past three years but recently has had to move to North Carolina. Ms Capilouto made a motion to appoint Marvin Bennett, 2719 Bell Drive, to serve as the Ward 1 representative on the Parks Commission. Ms. Capilouto stated he will fill the unexpired term of Marian Ashley and that term will expire in September, 2001. Councilman Newcomb seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: July 19, 1999, meeting - continued •.. A There were none. BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of July 6, 1999, Minutes (B) Approval to Install Necessary Equipment in the Jail (Diversified Electronics) and Purchase Five (5) Motorola LTS2000 Portable Radios and Batteries (State Contract) Councilman Lnenicka made a motion to approve the consent agenda. Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilwoman Capilouto had no report this evening. Councilman Newcomb stated the Police Chief, Fire Chief and City Clerk have no report this evening. Councilman Scoggins stated there is no report from the Parks and Recreation Department or Library this evening. Councilman Hawkins stated there is no report from the Public Works Department and asked Ann Kirk for a report from the Keep Smyrna Beautiful. Ms. Kirk stated she will announce the recycling statistics for the next meeting. Ms. Kirk thanked the sixty-five volunteers who assisted in the Adopt a Mile cleanup held last weekend and reported that 127.5 hours were donated and 16 miles of roadway were picked up resulting in 93 bags of litter. Ms. Kirk stated the Police Department has asked her to help them collect old light-colored neutral paint for a Graffiti abatement project. Ms. Kirk reported the paint could be dropped off at the recycling center during normal hours of operation. Ms. Kirk stated the paint would have to be examined to determine if it is acceptable or not. Ms. Kirk stated there are memberships available for Keep Smyrna Beautiful. Councilman Hawkins asked Robin Broyles for a report from the Community Development Department. Mr. Broyles reported on the building permit numbers for the month of June as follows -- estimated costs last year were $44,349,000 and so far this year that number is $89,031,000; actual permit costs last year were $161,800 and this year $317,000. Councilman Hawkins commended City Engineer Ken Hildebrandt for his efforts on behalf of the city. Mr. Hawkins thanked Ken for his successful efforts in the city receiving a TEA grant for the Spring Road Linear Park; the approximate million dollars worth of signalization projects along South Cobb Drive from the State of Georgia; several CMA grants for Windy Hill Road sidewalk - $163,000; Spring Road bike path - $72,000; Village Road bike path - $132,000; Cobb Parkway sidewalks - $217,000 and he has received a memorandum of agreement from the Soil and Water Conservation District and has submitted annual storm water application to the EPD to keep the city in compliance with permitting requirements. Mr. Hawkins stated these things are over and above the daily duties of Mr. Hildebrandt and commended him for his efforts. Councilman Cramer stated he had no report this evening. Councilman Lnenicka stated there is no report from the Finance Department this evening. Councilman Wood asked Chris Corey for a report from the Human Resources Department. Mr. Corey announced the job openings currently available in the city. Howard Smith commended the staff of the Community Development Department for their work during this period of growth. July 19, 1999, meeting - continued Mayor Bacon stated he and Patty have recently moved from the Cheney Woods Subdivision to Bennett Woods. Mayor Bacon stated he had enjoyed living in the Cheney Woods Subdivision and will miss those neighbors but is looking forward to meeting his new neighbors. ADJOURNMENT With no further business, the meeting adjourned at 10:55 p.m. A. MAX BACON, MAYOR MELI A ERON, CITY CLERK CHARLENE CAPILOUTO, WARD 1 X'ulr' ��- BILL 9C6GGINS, RD 3 OcRAawxtA,-,,- MER, WARD 5 CHARLES PETE WOOD, WARD 7 _-�4). iL RON NEWCOMB, WARD 2