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07-16-2001 Regular MeetingJuly 16, 2001 The regularly scheduled meeting of Mayor and Council was held July 16, 2001 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Attorney Scott Cochran, City Administrator Howard Smith, Police Chief Stanley Hook, Fire Chief Larry Williams, Public Works Director Scott Stokes, Community Development Director Chris Miller, Finance Director Claudia Edgar, Keep Smyrna Beautiful Coordinator Ann Kirk, Library Director Michael Seigler and representatives of the press. Invocation was given by Councilman Pete Wood, followed by the pledge to the flag. CITIZENS INPUT: Floyd Millis asked when the grass could be cut at Brawners now that the City is purchasing it. Mayor Bacon said Scott Stokes has been asked to prepare a budget for maintenance and it would be cut immediately after it is purchased. Mr. Millis said he would also like to keep the old building. Mr. Millis suggested that the City also consider acquisition of the old ice plant property on Roswell Road for some additional green space. Mayor Bacon said it was his understanding that a petition is being circulated asking that we acquire that property plus the house adjacent to it, so there is a possibility that something could be done with that. Mr. Millis said when he was annexed into the City, their estimated city taxes were $300 but they were just reassessed and his taxes will more than double as a result. Councilman Lnenicka said many of the homes in his ward were reassessed and we are hoping that when the tax digest is received, we will be able to reduce taxes by maybe one-third of a mill. PUBLIC HEARINGS: (A) Ordinance amendment — Section 18-11 — Errors and violations Howard Smith stated this ordinance would provide that when errors are made in review of site plans or issuance of building permits, it will not change the responsibility of the builder to comply with the codes. Councilman Newcomb stated that from time to time the city issues a permit and it turns out there is an error or omission in the plan review. We need a statement in the code that if there is some oversight and we find it, we can require the correction of errors. There were no questions or comments from the audience. Councilman Newcomb made a motion the ordinance be approved. Councilman Scoggins seconded the motion, which carried 7-0. (B) Ordinance amendment — Section 18-11 — Rental buildings, inspection and licensing Howard Smith stated we have been studying the possibility of establishing an inspection fee for single-family residential rental units. Councilman Newcomb said the Community Development Committee has been looking at this ordinance for some time. It has been advertised for a public hearing tonight but they would like some additional time to perfect this ordinance. There were no questions or comments from the audience. Councilman Newcomb made a motion the proposed new ordinance be tabled to the August 6, 2001 meeting. Councilman Hawkins seconded the motion, which carried 7-0. (C) Annexation of property in Land Lot 477, 17`" District, 2nd Section Councilman Wood said there was a problem with the legal description that was advertised for the public hearing tonight and made a motion this item be tabled to the August 6, 2001 meeting. A corrected legal description has been published for that date. There were no comments or questions from the audience. Councilman Cramer seconded the motion, which carried 7-0. July 16, 2001 meeting - continued (D) Privileged license — Exxon Express, 2370 Spring Road — agent/owner change Howard Smith stated that Neelam Keshvani has applied for a license as the registered agent for Exxon Express at 2370 Spring Road. The police investigation failed to reveal any information which would preclude issuance of the license. There were no questions or comments from the audience. Murad Ali, applicant and owner was present with Ms. Keshvani. Councilman said there was some previous concern that Ms. Keshvani would not be here all the time and would be back and forth from other states. Ms. Keshvani said she is a full time resident of Georgia. Councilman Newcomb reminded Ms. Keshvani that the manager has to be on the premises or on other premises owned by the same company within the same region but she could not be in another state. Ms. Keshvani said she understood that. Ms. Keshvani said she has previous experience selling alcoholic beverages in New York. Councilman Newcomb reminded the applicants that we do conduct sting operations and are very serious about ensuring that sales are not made to under aged persons. Councilwoman Pritchett asked the applicants what they were told about selling alcohol when they acquired the property; i.e., could they sell prior to applying for this license. Mr. Ali said he was told that if the manager of USA Grocery was going to be in the store, they could continue to sell beer and wine while the application was pending. Mr. Ali said that USA Grocery and North Georgia Convenience are the same, and they have a license to sell beer and wine. Ms. Pritchett said she has noticed on Sunday that their beer signs were illuminated and asked Scott Cochran to research the ordinances and see if there were any ordinances to prohibit the signs from being illuminated on Sunday. Mr. Ali said he would make sure in the future that the signs were not turned on. Councilman Newcomb asked for further clarification on the ownership. Mr. Ali said his company is Exxon Express, and USA Grocery and North Georgia Convenience are the same, and are his landlords. Councilman Newcomb made a motion the retail package license be approved as requested. Councilman Hawkins seconded the motion which carried 6-0-1, with Councilwoman Pritchett abstaining. (E) Variance — 2601 Gilbert Street — increase size of accessory structure Councilman Scoggins said he had a letter from the applicant, Marvin Young, requesting that the variance be withdrawn without prejudice and made a motion it be withdrawn as requested. Councilman Cramer seconded the motion, which carried 7-0. (F) Variance — 600 Concord Road — decrease street side yard setback Howard Smith sated the zoning code requires the minimum street side yard setback for a corner lot to be two-thirds of the front yard setback. The applicant is requesting a variance to construct an addition within the street side yard setback and based upon this requirement, the variance will decrease the required 33 feet to 8 feet. There was no opposition to the variance request. Applicant Johnny Wilson said they wanted to extend the back of their building which will allow them to provide employee parking in the back of the building and save the front spaces for customer parking. Councilman Wood made a motion the variance be approved with the following stipulations: 1) Construction of a new asphalt drive in place of the proposed gravel drive connecting the four parking spaces to Dunton Circle, and those new spaces will be asphalted; 2) Addition of a brick base to convert the existing non -conforming pole sign to a monument sign; 3) Installation of a 5 foot wide landscaped strip consisting of a hedgerow between Dunton Circle and the new parking lot to screen the new parking area. Councilman Cramer seconded the motion, which carried 7-0. July 16, 2001 meeting - continued (G) Variance — 653 Rosedale Drive — reduction in rear setback for secondary accessory building Howard Smith stated the applicant has a recreation vehicle that he would like to park under a covered area to protect it. There is a fence that almost totally screens the structure from the back yard. The applicant, Stacy Hall, was sworn in with three others in opposition. Councilman Wood said he had visited Mr. Hall to review the property and he does have an existing freestanding garage on the property. This variance would allow a second accessory structure, 1.5 feet from the rear property line. This has been reviewed by the Community Development Department and they recommend approval of the variance. Mr. Hall stated he parks his motor home on an existing concrete pad and he is no longer able to pull a tarp over it. The variance will allow construction of a 12-foot awning with metal posts to protect the motor home from the elements. Jerri Cash of 3890 Redbud Court, Brenda Epstein of 3900 Redbud Court and Carl Swanson of 636 Rosedale voiced their opposition to the variance. Following discussion, CouncilmanWood made a motion the variance request be tabled to August 6, 2001 to allow the Community Development staff to meet with Mr. Hall and the neighbors to see if they can come up with an alternative plan that might be acceptable to everyone. Councilman Cramer seconded the motion, which carried 7-0. (H) Variance — 1485 Diane Court — reduction in side yard setback, lot width and lot size Howard Smith stated the subject property contains an existing duplex in the Springwood Manor Subdivision and is zoned RD (Residential Duplex). The applicant is requesting a variance to subdivide the duplex into two fee -simple units. Because the existing building and property are to be subdivided into 2 lots, variances are needed relative to the RD Zoning District's minimum side yard setbacks, lot width and lot size. Section 801 of the Zoning Code included minimum requirements for side yard setbacks at 7.5 feet, lot width of 75 feet and lot size of 12,500 square feet. If approved, neither of the resulting 2 units will meet those minimum requirements. There was no opposition to the variance request. Ken Slutzky stated he owns a duplex on this property and for economic reasons and for the ease of selling the property, he wanted to convert the duplex into two fee simple townhouses so that they can be sold separately. There will be no change to the property itself. Mr. Slutzky said there is a very limited market now for investment property and particularly duplexes and these types of properties went out of favor with investors following the 1986 tax law change. These units have been rented since 1983 and by selling as fee simple townhouses they will become owner/occupied units. Councilman Hawkins made a motion the following variances be approved: UNIT 1 — South side line 7.5 to 0 feet; minimum frontage 75 to 49 feet; minimum lot size 12,500 to 7,800 square feet. UNIT 2 — South side line 7.5 to 5 feet; north side line 7.5 to 0 feet; minimum frontage 75 to 37 feet; minimum lot size 12,500 to 4,000 square feet. Councilman Scoggins seconded the motion. Councilman Newcomb said he supported the motion but asked if a stipulation could be attached that the variance be for this building only. Councilman Hawkins amended the motion to approve the variance for this structure only, and not to run with the lot. Vote on the motion carried 7-0. (I) Variance — 2930 Mann Street — decrease in front yard setback Howard Smith stated the owner is requesting a variance to replace the front concrete block foundation and add a new room and front porch. The variance will require a July 16, 2001 meeting - continued decrease in the front setback from the existing 32 feet to a minimum of 21.1 feet. There was no opposition. Cy Gannuch stated this house was built in the early 1940's and the front wall is caving in. The previous owner attempted to correct the problem but he would like to excavate the front yard, remove the block wall and pour a new concrete wall. At the same time they will add a 12 x 12 room addition and front porch. Councilman Hawkins pointed out that the existing house currently encroaches 8 feet into the setback and stated the adjoining property owners had no objections to the variance. Councilman Hawkins made a motion the variance be approved to reduce the front yard setback from the present 32 feet down to 21.1 feet. Councilman Scoggins seconded the motion, which carried 7-0. FORMAL BUSINESS: (A) Authorize the Mayor to sign the Amendment and Modification to the Cross Parking and Drainage Easement Between I" Baptist Church of Smyrna and the City of Smyrna Howard Smith stated this agreement permits the City to demolish the old library building and construct parking at that location and have cross parking use for the next 10 years as public parking for City Hall. It also provides a cross access easement from the Village Market parking lot into the church parking lot on which we already have a cross parking easement and will assist both groups in making parking available to them. Councilman Newcomb made a motion the Mayor be authorized to sign the agreement. Councilman Cramer seconded the motion which carried 7-0. Councilman Hawkins made a motion to suspend the rules to add an additional item (B) to the agenda. Councilman Cramer seconded the motion, which carried 7-0. (B) Authorize the Mayor to sign Intergovernmental Contract Agreement between City of Smyrna and Downtown Development Authority Councilman Hawkins stated the City has agreed to purchase the Brawners property and this agreement will authorize the financing. Councilman Hawkins read the resolution which would authorize the issuance of $2,785,000 in revenue bonds for the acquisition of this property. Councilman Hawkins made a motion the agreement be approved. Councilman Scoggins seconded the motion, which carried 7-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: Nothing to report. CONSENT AGENDA: (A) Approval of minutes — July 2, 2001 meeting (B) Authorize acquisition of sewer easement through negotiations and/or condemnation — Wills Street/Collier Drive (C) Approval of FY2002 1 % road improvement budget (D) Approval to request bids — stack chairs for Community Center (E) Authorize Mayor to sign agreement with Altimira Design (F) Approval to use council chambers Wednesday, August 1, 2001 from 7:00 p.m. to 9:00 p.m. for Ward 2 meeting Councilman Wood made a motion the consent agenda be approved. Councilman Cramer seconded the motion, which carried 7-0. COMMITTEE REPORTS: July 16, 2001 meeting - continued Councilman Wood called on Jennifer Bennett for a report from Community Relations. Ms. Bennett reminded everyone of the annual birthday celebration August 4cn Library Director Michael Seigler reported that the month of June was the biggest month ever at the Library, with 19,329 people coming to the Library and 15,426 items circulated. The Friends of the Library will have their general membership meeting Thursday night and everyone is invited. Also, tickets to the annual dinner theatre are available for sale. Tommy Jackson from the Parks and Recreation Department announced the main events for the Fun in the Sun program. This program is free of charge for kids 12 and under and is held at the gazebo behind the Community Center. Also, for the next couple of weeks Tolleson Park field and Campbell Middle School field will be closed for re -sodding. Councilman Lnenicka recognized Towne Creek Manor Apartments for the new, very attractive monument sign they have erected, with a name change to Epic Manor. Councilman Cramer called on Human Resources Director Chris Corey. Mr. Corey announced current job vacancies in the City. Councilman Cramer announced that the vacant Drugs for Less building on South Cobb Drive is scheduled for demolition. Councilman Cramer stated the task force recently created to oversee code enforcement has been busy, trying to upgrade the north end of the City and improve quality of life for those residents. Councilman Cramer also urged everyone to support our Veterans Memorial by purchasing a brick honoring a loved one who has served in the military. Councilman Hawkins called on Finance Director Claudia Edgar who reported that the watering restrictions are still in effect in the metro area. Councilman Hawkins stated there are some rumors about plans to widen Concord Road. The purpose of the recently approved ICTEA grant was to study the feasibility of a linear park trail on Concord Road running from South Cobb to Atlanta Road. The grant was only to fund the study and later on, funds will have to be approved for the actual construction. Councilman Hawkins said to his knowledge, there are no plans to widen Concord Road in the near future. Councilman Scoggins called on Keep Smyrna Beautiful Coordinator Ann Kirk who reminded everyone of the Adopt a Mile cleanup on Saturday, July 2 1 " starting at 8:00 a.m. The Work Glove luncheon will be planned for late August and they are appealing to the community for door prizes. Also, the next Image Enhancement Award will be presented to Tires Plus at the next meeting. Councilman Scoggins read a letter from a resident on Highland Oaks Court praising the Public Works Department for their service. Councilman Newcomb called on Community Development Director Chris Miller who provided building statistics for June. Councilman Newcomb reported that there would be a Ward 2 meeting July 9`n at City Hall. Councilwoman Pritchett stated she had met with Jennifer Bennett regarding the Community Culture Committee and had received some very good information. They will have a meeting soon and will be reporting to Mayor and Council. Ms. Pritchett said that Jennifer has also instituted study circles and if anyone was interested in participating to please give her a call. Councilwoman Pritchett advised that she has received a number of inquiries about Argyle Elementary School, and they are doing some new landscaping there, with State funds obtained through the assistance of Councilman Newcomb. July 16, 2001 meeting - continued Councilman Cramer stated there was a record number of attendees at the recent Chamber of Commerce breakfast where the Mayor gave the State of the City address, and it was a good presentation. With no further business, meeting adjourned at 9:06 p.m. � V� 0 0 1' 0 PY) A Q 4,.,l A. MAX BACON, MAYOR K LLIE BARB R, CITY CLERK . ......... J.A�A� MELLENY PRITCHETT, WARD 1 RON NEWCOMB, WARD 2 BILL �COGGINS,AARDWARD ..• 4A- A�QKbVkMD CHARLES PETE WOOD, WARD 7 ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA p E Ordinance Number 2001-11 Land Lot 477 Acres 9.73 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 at least 60 percent 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 August 6, 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 6`h day of August , 2001. A. Max Bacon, Mayor �J � q L-,. i� K �,a A LKZ) ellie M. Barber, City Clerk City of Smyrna Scott A. Cochran, City Attorney City of Smyrna LEGAL DESCRIPTION The City of Smyrna hereby gives notice that a public hearing will be held to consider a petition submitted by P. W. Whitener to annex the following described property. All that tract or parcel of land lying and being in Land Lot 477 of the 17`h District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a one inch rod found at the common corner of Land Lots 459, 460, 477 and 478 of the 17`h District, 2nd Section of Cobb County; thence running south 84 degrees 14 minutes 09 seconds east along the northern land lot line of land lot 477 a distance of 191.82 feet to a one-half inch re -bar set; thence continuing along said land lot line south 82 degrees 18 minutes 50 seconds east a distance of 160.04 feet to a one-half inch re -bar found; thence leaving said land lot line south 06 degrees 25 minutes 12 seconds west a distance of 20.06 feet to a five -eights inch re -bar found; thence south 83 degrees 56 minutes 45 seconds eats a distance of 200.09 feet to a one-half inch re -bar set; thence south 06 degrees 26 minutes 15 seconds west a distance of 99.94 feet to a one-half inch re -bar set; thence south 76 degrees 52 minutes 53 seconds east a distance of 168.72 feet to a one-half inch re -bar set; thence north 78 degrees 42 minutes 02 seconds east a distance of 201.19 feet to a one-half inch re -bar set at the right-of-way of King Springs Road (right-of-way varies); thence southerly along said right-of-way along a curve to the left having a radius of 1934.86 feet a distance of 76.37 feet to a one-half inch re -bar set at the right-of-way of Cooper Lake Road (70 foot right-of-way), said curve being subtended by a chord bearing south 03 degrees 13 minutes 50 seconds west a distance of 76.36 feet; thence southerly along right-of-way of Cooper Lake Road along a curve to the left having a radius of 250.46 feet a distance of 61.17 feet to a point, said curve being subtended by a chord bearing south 57 degrees 47 minutes 13 seconds west a distance of 61.02 feet; thence continuing along said right-of-way south 50 degrees 47 minutes 23 seconds west a distance of 238.50 feet to a one-half inch re -bar found; thence leaving said right-of-way north 23 degrees 06 minutes 07 seconds west a distance of 171.71 feet to a one-half inch re -bar set; thence north 67 degrees 22 minutes 44 seconds west a distance of 96.00 feet to a one-half inch re -bar found; thence south 23 degrees 04 minutes 36 seconds east a distance of 200.26 feet to a one-half inch re -bar set at the right-of-way of Cooper Lake Road (70 foot right-of-way); thence continuing along said right-of-way south 50 degrees 47 minutes 23 seconds west a distance of 87.18 feet to a point; thence continuing along said right-of-way, along a curve to the right having a radius of 4532.36 feet a distance of 140.98 feet to a three-quarter inch rod, said curve being subtended by a chord bearing south 51 degrees 40 minutes 51 seconds west a distance of 140.97 feet; thence leaving said right-of-way north 27 degrees 10 minutes 16 seconds west a distance of 274.22 feet to a one-half inch re -bar set; thence south 59 degrees 58 minutes 50 seconds west a distance of 229.87 feet to a five -eighths inch re -bar found; thence south 27 degrees 25 minutes 32 seconds east a distance of 274.86 feet to a one-half inch re -bar set; thence westerly along a curve to the right having a radius of 459.39 feet a distance of 142.88 feet to a point, said curve being subtended by a chord bearing of south 77 degrees 21 minutes 43 seconds west having chord length of 142.31 feet; thence south 86 degrees 16 minutes 20 seconds west a distance of 153.94 feet to a one-half inch re -bar set at western line of land lot line 477; thence running along the western land lot line of land lot 477 north 06 degrees 24 minutes 05 seconds east a distance of 306.45 feet to a one-half inch re -bar set; thence running north 06 degrees 24 minutes 05 seconds east a distance of 499.94 feet to a one -inch rod found at the true point of beginning. *I GKJ Development LLC 2893 Springview Ct - Atlanta, Georgia 30339 - 404-609-9993 - Fax 404-609-9993 August 6, 2001 Mayor and Council City of Smyrna Re: Zoning Meeting The Shops at Village Green I am pleased to present the following development for final approval to the City of Smyrna. The proposed development would include four buildings in the initial phase and two buildings in future phases. The site plan and elevations indicate our proposal, specifically they are: • Two single story restaurant buildings fronting on Atlanta Road with approximately 14,000 square feet of space. Each building will be a multi -tenant facilities and provide outdoor seating. Each building will have unique architectural features at the restaurant entrances and be constructed with primary brick on all four sides. • The next two buil_diggs will have approximately 12,000 square feet of retail space and residential ges on the ground floor and residential town homes on the second and third floors. John Weiland Homes will develop the town homes for sale only. A height variance is requested from 35 feet to 50 feet. This is in order to accommodate the pitched roofs on these buildings. • The retail storefronts will vary in design and mediums used. The design goal was to create an old "Downtown" look, which is a collection of various storefronts. Each of these buildings will be primarily constructed in brick on all four sides, which will vary in color for each section as indicated on the renderings. Some of the units will have a balcony extending over the sidewalk; others will have various awnings extending from the building face. The window and door areas will be constructed with painted wood. • The final two buildings will be a combination of retail and office space in a two- story building. Each building is approximately 18,000 square feet. The buildings will be constructed in brick on all four sides and have a 3:12 pitched roof. A variance is requested for this roof pitch. The second story of the building will create a colonnade walk area facing the central boulevard and King Road. The second story will be closer to KingRciUikan the required 12 feet. A variance is requested for these buildings. • The City will install landscaped and hardscape areas as indicated in the renderings. City of Smyrna August 6, 2001 • The proposed parking fields includes parallel parking along the boulevard and angled parking in front of the restaurant buildings. All other parking would be behind the primary buildings. • Section 1.22 (a) Urban Design Standards of Downtown Smyrna states that no building will exceed the height of an adjacent building by over one story. I am requesting a variance to this stipulation. • All of the buildings will have standard roof shingles as opposed to a seam metal roof system. • The doors for the retail space will not all be recessed. As I indicated earlier, the storefronts vary from space to space. Some of the storefronts will be recessed behind bay windows or extended balconies, other storefronts will be flat. • The restaurant and office buildings will have mansard roofs in order to hide the HVAC units. • The proposed awnings will vary from space to space. We will not have a uniformed and continuous awning in front of the storefronts. • In lieu of a freestanding monument sign, I am proposing a project sign be incorporated into a wall enclosing the patio for the restaurant facing Atlanta Road. • I am requesting a variance that would allow a residential unit closer than the permitted 100 feet from a restaurant. • The proposed renderings show double balconies on some of the residential units. These will be constructed if the City provides the economic incentives to John Weiland Homes as discussed between the parties. I am very excited about this development and the favorable comments I have received.from the community. I look forward in working with the City of Smyrna in completing the Shops at Village Green. Since G.K. Johnson AA Design must comply with the Downtown Development Standards. Any changes shall require the design to be returned to the Urban Design Committee for review and approval.