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07-02-2001 Regular MeetingJuly 2, 2001 The regularly scheduled meeting of Mayor and Council was held July 2, 2001. 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 Kellie Barber, City Attorney Scott Cochran and representatives of the press. Invocation was given by Councilman Pete Wood, followed by the pledge to the flag. CITIZENS INPUT: Election Superintendent Linda Smith announced that Melleny Pritchett was elected in the special election held June 19, 2001 to fill the unexpired term of Charlene Capilouto in Ward 1. Mayor Bacon welcomed Ms. Pritchett to the council. PUBLIC HEARINGS: (A) Rezoning request — 9.8 acres, Land Lot 477 — Cooper Lake Road — from R-20 to RAD Conditional Howard Smith said this application was previously tabled and was originally denied by the Planning and Zoning Board due to the proposed density and other factors, and was withdrawn without prejudice by the applicant before coming to the Mayor and Council. The application was resubmitted and the Planning and Zoning Board now recommends approval for 29 single-family residences. Cobb County has also reviewed the application and found that they have no problems with it. There was no opposition. Mark Shaw with Cooper Lake Oaks, LLC said their plans are for development of 29 lots on 9.8 acres, with lots ranging from 8,000 to 9,000 square feet up to 17,000 square feet. This development will meet the criteria established for a low -density residential development, and the resulting density will be 2.96 units per acre. Councilman Wood said we do have an intergovernmental agreement with Cobb County and in a situation such as this, where there is an annexation and rezoning involved, they have a right to review the application. They have reviewed the application and have no objections to the annexation or rezoning. Councilman Wood asked Ken Hildebrandt to address the issue of storm water, which was mentioned in the remarks by Cobb County and also has been discussed by residents in the area. Mr. Hildebrandt said the 10 acres site could be divided into two separate basins, with one going to a 36" pipe and the other to a 24" pipe under King Valley Drive. The one of concern to Mr. Dobbs is the 24" pipe, which runs close to his home. Mr. Hildebrandt said that overall, the drainage from this site is reduced by about 20%. Mr. Hildebrandt further stated that Cobb County recommends a deceleration lane, which the City will require with the donation of some additional right of way for road improvements. Councilman Wood made a motion the rezoning be approved as requested with the following stipulations: 1) Protective covenants on all lots with mandatory homeowners association; 2) Storm water detention shall be designed to create at least a 10% reduction in the 100 year storm event and the City Engineer shall approve all plans; 3) All detention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development; 4) All utilities within the development shall be underground; 5) The developer shall comply with the City's current tree ordinance and plans shall be submitted to the City for review and comment prior to construction; 6) The protective covenants will require all non-resident property owners to keep the homeowners association advised of the current address and phone numbers where they can be reached; 7) Landscaped front entrance with monument sign indicating the name of the development and deceleration lanes shall be provided at the entrance as required by the City Engineer; 8) No debris may be buried on any lot or common area; 9) The developer will install decorative streetlights within the development, subject to approval by the City Engineer; 10) All yards and common areas are to be sodded, and landscaped — irrigate as appropriate; 11) All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common July 2, 2001 meeting - continued areas and entrances; 12) Each lot shall have four trees replanted per lot — 4 — 3" caliper or 2 — 2" and 2 — 4". The following species of trees may be used: Nuttall Oak, Allee Elm and Village Green Zelkova. Other species may be used if approved by the City. In the event that a 12" caliper or larger hardwood tree is saved on a lot, the replanting shall be waived; 13) All streets shall have a sidewalk on two sides; 14) A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk; 15) New homes adjacent to streets outside development shall be four sided brick, stucco, stone or architectural shakes; 16) Developer shall install a 6' masonry wall, wrought iron fence, or a combination of both along the frontage of the development; 17) Developer shall provide a minimum of 20' undisturbed buffer along the frontages of streets outside the development; 18) Developer shall provide at least 200 square feet of common space per lot that shall be controlled and maintained by the Homeowners Association; 19) Applicant will donate sufficient right of way on the north side of Cooper Lake Road to establish a minimum distance of 40' from the roadway centerline; and 20) Applicant will be responsible for curb, gutter and sidewalks on both sides, along the deceleration lanes as required by the City Engineer. Councilman Cramer seconded the motion. Curtis Dobbs was sworn in by City Attorney Scott Cochran. Mr. Dobbs asked about the location of the buffer zone. Councilman Wood said the buffers would be along frontages of streets outside the development. Vote on the motion to approve the zoning carried 7-0. (B) Zoning amendment request — inspection of rental property Councilman Newcomb made a motion this item be tabled to the next meeting, July 16, 2001. There were no public comments or questions from the audience. Councilman Scoggins seconded the motion, which carried 7-0. (C) Privileged license request — Exxon Express — 2370 Spring Road — retail package beer and wine sales — agent/owner change Councilman Newcomb made a motion this application be tabled to July 16, 2001, at the request of the applicant. Councilman Scoggins seconded the motion, which carried 7-0. (D) Annexation request — 9.842 acres in Land Lot 62, 181h District, 2nd Section — James Freeman, applicant Howard Smith stated this annexation has been advertised for public hearing tonight. There was no opposition. Councilman Wood made a motion this property be annexed into the City to become a part of Ward 7, effective August 1, 2001. Councilman Cramer seconded the motion, which carried 7-0. (E) Annexation request — Land Lot 55, 181h District, 2nd Section — James Freeman, applicant Howard Smith stated this annexation has been advertised for public hearing tonight. There was no opposition. Councilman Wood made a motion the annexation be approved, to become a part of Ward 7, effective August 1, 2001. Councilman Cramer seconded the motion witch carried 7-0. (F) Variance request — 3211 Concord Ci: � le — increase height and size of accessory structure Howard Smith stated this property contains a single-family residence in the Smyrna Heights Subdivision and is zoned R-15. The applicant recently moved into the house to help care for the owner and has requested the variance to permit an oversized shed which e July 2, 2001 meeting - continued is needed to store belongings from two households. Based upon the 1200 square foot size of the home, the accessory building is limited to 300 square feet in area with a height of 15 feet. The applicant has requested a variance to permit an accessory structure of 384 square feet with a height of 22 feet. There was no opposition. Mrs. Flora Herron said she is the titleholder of the property and is requesting the variance to allow adequate storage at her home for items that are now paying to be stored. There will be no one living in the structure and if the property is sold, it cannot be used for rental property. Councilman Hawkins said council has approved a number of variances similar to this and approval was also obtained from the affected neighbors. Councilman Hawkins made a motion the variance be approved. Councilman Scoggins seconded the motion, which carried 7-0. (G) Variance request — Wade Ford, 3860 South Cobb Drive — construction of pole sign Howard Smith stated there are 10 related variances for Wade Ford, necessitated after an extensive remodeling of their facility. Part of the upgrade is the necessity to change signs and as a result, the older signs are being replaced or reshaped. There was no opposition from the audience. Councilman Wood said the Community Development staff has been working with Mr. Lester for some time on these variances. Basically, Ford Motor Company, after a number of years, is having a re -imaging campaign north America -wide and these variances all relate to that. Lamar Lester said they occupy 1,000 square feet of frontage on South Cobb Drive at the showroom area, with an additional 400 to 500 feet in the King Springs Road area. Mr. Lester said that Ford is re -imaging all their dealerships to a more modernistic sign, much more attractive than what they.are using now. The current signs have been in place for 21 years and the existing poles will be used with new signs. The service and parts signs are for convenience of customers to help them get to the right location when they get into the dealership. Councilman Wood stated the existing signs were constructed prior to the overlay district standards and are considered a legal non -conforming use. Each pole or wall sign could otherwise be replaced without a variance provided the sign area is not expanded. However, a variance is required in this case because the entire pole sign is being refurbished with the addition of decorative cladding around the existing pole and the sign replacement. Councilman Wood said the first variance would be to allow construction of a pole sign and made a motion it be approved. Councilman Cramer seconded the motion. Councilman Newcomb said he appreciated the great relationship that Ford has with the City, but the purpose of the sign ordinance was to keep signs under control in the City and thought it was a mistake to say that the variances would not be required without the overlay district. Even without the overlay district, the regular sign ordinance has a height limit of 35 feet and this sign is already over it by 3 feet and they propose to go an additional 3 or 4 feet taller than that. Usually on these exceptions, they try to make some type of trade or compromise with the applicant to make progress toward a smaller sign but they are getting neither with this request. Councilman Newcomb said that regretfully, he would not be able to support this motion. Councilman Lnenicka said he, too, supported the idea that as a whole the City should be looking to make signage more aesthetically pleasing and would like to see some compromise, and could not support the variance for that reason. Councilman Hawkins asked Mr. Lester if it would be possible to remove 6 feet from the top of the existing pole before installing the sign, thus eliminating the need for the variance. The sign company representative said it could be done, and Mr. Lester said he would be willing to work with them on that compromise. Councilman Newcomb said that even by reducing the height, a variance would be required on the copy area. Councilman Newcomb said he had seen other dealerships with their logo mounted in a monument sign and preferred that to the pole sign. Councilman Lnenicka said there are 3 variances that all deal with the same sign, and if Wade Ford would agree to not have this sign any taller than it is now he would be able to support their request. July 2, 2001 meeting - continued Vote on the motion to approve the variance carried 7-0. (H) Variance request — Wade Ford, 3860 South Cobb Drive — increase height of free standing sign Councilman Wood said the existing sign is 38 feet. Mr. Lester has stated they can get the sign down to 38 feet overall instead of 42 feet, but the code limits the height of the sign to 35 feet. Councilman Wood made a motion the variance to increase the height of the free standing sign be approved with the stipulation that the overall sign not exceed 38 feet. Councilman Cramer seconded the motion. Councilman Lnenicka amended the motion to include a refund of the variance fee, if approved, as an economic incentive for their willingness to work with them on the size of this particular sign. Councilman Newcomb seconded the amendment, which carried 7-0. Vote on the main motion carried 7-0. (I) Variance request — Wade Ford, 3860 South Cobb Drive — increase area of free standing sign Councilman Wood stated this variance is for the same sign, and made a motion to approve the increased area of the freestanding sign from the permitted 50 feet to 165.14 feet. The area of the existing sign is 161 square feet. Councilman Newcomb said he would support the motion because since the business is located on a 6 acre site. Councilman Cramer seconded the motion, which carried 7-0. (J) Variance request — Wade Ford, 3860 South Cobb Drive — allow second free standing sign Councilman Wood said they currently have this second sign and are asking for a variance because the current ordinance prohibits the second sign. Councilman Wood made a motion the variance be approved, seconded by Councilman Cramer. Councilman Newcomb asked why this would not be a good location for a monument sign. Mr. Lester said they considered it but the height would not allow the visibility they need. . Councilman Lnenicka also requested that this sign be no higher than the existing one. Vote on the motion carried 6-1, with Councilman Newcomb opposed. (K) Variance request — Wade Ford, 3860 South Cobb Drive — allow second free standing sign to be a pole sign Councilman Wood made a motion the variance be approved. Councilman Cramer seconded the motion, which carried 6-1, with Councilman Newcomb opposed. (L) Variance request — Wade Ford, 3860 South Cobb Drive — increase height of free standing sign Councilman Wood said this variance is to increase the height of the freestanding sign from the existing height of 23 feet to 24' 10". Mr. Lester said they could also reduce the height of this sign. Councilman Wood made a motion the variance be approved not to exceed the existing height of 23 feet. Councilman Cramer seconded the motion. Councilman Lnenicka amended the motion to allow the refund of the variance fee as an economic incentive if approved. Councilman Cramer seconded the amendment, which carried 6-1 with Councilman Newcomb opposed. Vote on the main motion carried 6-1 with Councilman Newcomb opposed. (M) Variance request — Wade Ford, 3860 South Cobb Drive — increase area of free standing sign Councilman Wood said this variance would reduce the area of a refurbished free standing pole sign from 78 square feet to 59.89 square feet and made a motion it be approved. Councilman Cramer seconded the motion, which carried 7-0. (N) Variance request — Wade Ford, 3860 South Cobb Drive — allow third free standing sign July 2, 2001 meeting - continued Councilman Wood said this is a proposal to erect a third freestanding monument type sign. Mr. Lester said this will replace two existing signs and will direct customers when they enter the dealership and did not think it would be visible from the right of way. Councilman Wood made a motion the variance be approved. Councilman Cramer seconded the motion, which carried 7-0. (0) Variance request — Wade Ford, 3860 South Cobb Drive — allow four signs on main building Councilman Wood asked Mr. Lester to address this variance. Mr. Lester said the intent of this variance is to direct the customer to the service area and to the parts area, and it's just a convenience to them. Councilman Wood made a motion the variance to allow four signs on the main building be approved. Councilman Cramer seconded the motion, which carried 6-1, with Councilman Lnenicka opposed. (P) Variance request — Wade Ford, 3860 South Cobb Drive — increase area of new wall signage Councilman Wood asked Mr. Lester to also address this variance. Mr. Lester said this variance will increase the permitted sign area from 50 feet to 79.14 feet for the "Service" sign but the square footage from the existing sign will actually be reduced. Councilman Wood made a motion the variance be approved. Councilman Cramer seconded the motion which carried 5-2, with Councilmen Lnenicka and Newcomb opposed. FORMAL BUSINESS: (A) Approval of Charter for Growth Strategies Commission Councilman Newcomb said that during the past year the City has been interested in establishing a Growth Strategies Commission to be responsible for identifying smart growth strategies. Community Development Director Chris Miller said that over a three month period they would hold a series of workshops with members of the commission to discuss transportation, open space, green space, education and other matters which impact the residents and properties. The commission members will make recommendations to Mayor and Council and in turn, they would hope to have recommendations to make to county government as well because it is so very important to coordinate with them in areas where they border and eventually, to partner with the county in this effort. Councilman Newcomb made a motion the establishment of the Growth Strategies Commission be approved. Councilman Lnenicka seconded the motion, which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) B&M Construction — 4200 square foot convenience store at 3002 Atlanta Road Councilman Hawkins made a motion the building permit be approved. Councilman Cramer seconded the motion, which carried 7-0. BID AWARDS: Nothing to report. CONSENT AGENDA: (A) Approval of June 18, 2001 and June 20, 2001 minutes (B) Approve amendment to the Georgia Greenspace Program grant award agreement (C) Approval to request bids — replacement tractor for Parks Department (D) Approval to request bids — replacement dump truck for Parks Department (E) Approval to request bids — replacement mowers for Parks Department (F) Approval to request bids — playground equipment for Rose Garden Park July 2, 2001 meeting - continued (G) Approval to purchase replacement vehicle through State contract for Parks Department (H) Approval to request bids — tennis court resurfacing at Tolleson and Jonquil Parks (I) Adoption of Parks facility use agreement Councilman Lnenicka made a motion the consent agenda be approved. Councilman Cramer seconded the motion, which carried 7-0. COMMITTEE REPORTS: Councilwoman Melleny Pritchett announced that her first Court Services committee meeting would be July l Ot". Ms. Pritchett also thanked everyone who voted in the special election June 19t" and for evepfone who supported her. Ms. Pritchett stated that a Ward 1 meeting would be scheduled in the near future. Councilman Newcomb reported that progress is being made on the linear park on Spring Road but within 3 months they should have completed the path and hardscaping. Councilman Scoggins announced that Public Works has received a number of complaints about phones not being answered there and he has been assured that improvements will be made. Councilman Hawkins said during the last island annexation he made some remarks about the mutual aid agreement with Cobb County, the point being that the City has answered many more calls to those island areas than has the county. Councilman Hawkins said the county had provided him with records where several thousand calls had been made in the Smyrna area. The remarks were not meant to be detrimental to Cobb County or misleading and Councilman Hawkins said he apologized for any confusion that may have resulted from his comments. Councilman Cramer reminded everyone that the Veterans Memorial is still moving forward and bricks and pavers are still for sale. Also, a task force has been created with our city marshals and they will be providing stricter enforcement of code violations, especially in the north end of town. Councilman Lnenicka reported that the former Crown Station on Atlanta Road at Creatwood has been cited as unsafe and we expect that in the future that building will be torn down. Councilman Lnenicka said the recent homicide at the Starvin Marvin just outside his ward was a very troubling event and wondered what could be done differently to protect people who work in those businesses and would be interested in any thoughts from staff or citizens. Councilman Lnenicka suggested perhaps an ad hoc task force to look at changing our building codes for those type businesses to create a safer environment for people who work and shop there. With no further business, meeting adjourned at 9:16 p.m. July 2, 2001 meeting - continued '1� 1 2 1 1�d� A-0i -A &J — A. MAX BACON, MAYOR KELLIE BARBER, CITY CLERK MkfL'�ITCHETT, WARD 1 RON NEWCOMB, WARD 2 CHARLES PE ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA Ordinance Number 2001-09 Land Lot 55 Acres 6.70 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on July 2, 2001 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this 2"d day of July , 2001. -A%Max Bacon, Mayor Kel ie M. Barber, City Clerk City of Smyrna J " 0 647- Scott A. Cochran, City Attorney City of Smyrna Land Lot 55 All that tract of land lying and being in Land Lot 55 of the 18'h District and 2°d Section of Cobb County, Georgia, being more particularly described as follows: Beginning at an iron pin at the northwest corner of Land Lot 55 of the aforesaid district and section; running thence north 89 degrees 30 minutes 00 seconds east along the north line of said land lot 1159.20 feet to an iron pin; running thence south 53 degrees 36 minutes 40 seconds east 89.99 feet to an iron on the northwesterly right of way line of Oakdale Road (60 foot right of way); running thence south 40 degrees 41 minutes 07 seconds west along the northwesterly right of way line of said road 266.94 feet to an iron pin; running thence south 89 degrees 46 minutes 00 seconds west 1057.58 feet to an iron pin on the west line of Land Lot 55 of the aforesaid district and section; running thence north 00 degrees 00 minutes 00 seconds east along the west line of said land lot 250.00 feet to an iron pin at the northwest corner of said land lot, said iron pin being the point of beginning. F) j ORDINANCE ANNEXING PROPERTY I INTO THE CITY OF SMYRNA Ordinance Number 2001-08 Land Lot 62 Acres 9.842 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on July 2, 2001 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens of the municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit «A BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this 2"d day of July , 2001. A. Max Bacon, Mayor �kl Q M - LA,&, ) ellie M. Barber, City Clerk City of Smyrna Scott A. Cochran, City Attorney City of Smyrna Land Lot 62 All that tract of land lying and being in Land Lot 62 of the 18`h District and 2"d Section of Cobb County, Georgia, being 9.8242 acres as shown on plat of survey for E. C. Rackley dated April 27, 1990, and being more particularly described as follows: Beginning at an iron pin at the corner common to Land Lots 55,56,61 and 62 of the aforesaid district and section; running thence south 02 degrees 18 minutes 50 minutes west along the east line of Land Lot 62 of the aforesaid district and section 662.00 feet to an iron pin; running thence south 32 degrees 18 minutes 50 seconds west 200.49 feet to an iron pin on the northeasterly right of way line of Dickerson Drive (a 40-foot right of way); running thence north 66 degrees 29 minutes 06 seconds west along the northeasterly right of way line of Dickerson Drive 319.96 feet to a point; running thence north 61 degrees 32 minutes 55 seconds west along the northeasterly right of way line of Dickerson Drive 17.94 feet to an iron pin; running thence north 29 degrees 23 minutes 05 seconds east 89.00 feet to an iron pin; running thence north 61 degrees 33 minutes 21 seconds west 162.00 feet to an iron pin; running thence north 60 degrees 19 minutes 29 seconds west 290.00 feet to an iron pin; running thence north 26 degrees 23 minutes 40 seconds east 350.88 feet to an iron pin on the north line of Land Lot 62 of the aforesaid district and section; running thence south 89 degrees 18 minutes 49 seconds east along the north line of said land lot 587.66 feet to an iron pin' at the point of beginning.