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2003 minutes (10) September 15, 2003 ... 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 except Council Member Pritchett. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Father Brian from St. Thomas Catholic Church, followed by the pledge to the flag. AGENDA CHANGES: There were none. CITIZENS INPUT: ... Mayor Bacon recognized Ms. Bennett, who introduced Mr. Curt Johnston of the Cobb County School Board to those present. Ms. Bennett recognized the sponsors of the Jonquil City Jog, and expressed appreciation to them for their support ofthe community. A check for the proceeds of the Jonquil City Jog was presented by Ms. Bennett for the benefit of the Campbell High School Foundation. Mayor Bacon recognized Mr. Johnston, Principal Peggy Pepper and students from Nickajack Elementary School who presented the Character Education Word of the Month. Mr. Johnston provided details to those present about the referendum for the Special Local Option Sales Tax (SPLOST) which will be held on September 16,2003. Mayor Bacon recognized members of the Cobb Literacy Council, and Council Member Wood read a Proclamation for Cobb Literacy Month to those present. Mayor Bacon recognized Mr. Howard Martin, a candidate for the Ward 4 city council post, who stated that on August 4 of the current year, criteria were established for the interim replacement for former council member Jim Hawkins. Mr. Martin stated that the guidelines include a restriction against interim appointment of any person who is a candidate for the Ward 4 post in the upcoming election. Mr. Martin attributed to Mayor Bacon a quote to the effect that no one should be given an unfair advantage in this election. Mr. Martin stated he is appalled that the appointment of an interim council member who has also qualified for candidacy in the upcoming election was allowed to happen. - Mayor Bacon recognized Mr. Mike McNabb, residing at 750 Austin Drive, who stated he is a candidate for the Ward 4 city council post. Mr. McNabb stated he had expressed interest in being appointed to the interim Ward 4 council post, and was advised by Mayor Bacon that neither he nor Mr. Martin could be considered because the interim position would be an unfair advantage to them as candidates in the upcoming election. Mr. McNabb stated Ms. Weeks' decision to run September 15, 2003 2 for office under these circumstances impacts unfavorably on the fairness of the election process, and on the public's perception of it. Mr. McNabb provided various reasons to those present as to why he believes Ms. Weeks will unfairly benefit from her interim appointment during the upcoming election. - MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: <A) Variance Request V03-025 - Reduction in Rear Yard Setback - 2824 Hillside Road - Phyllis Roan Mr. Wright stated the applicant is requesting to reduce the rear yard setback from 30' to 18' in order to construct a deck at the rear ofthe subject property. Mr. Wright stated that staff recommends approval ofthe requested variance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Cramer recognized Mr. and Mrs. Roan, and asked Mr. Roan to explain the need for the requested variance to those present. Mr. Roan stated he wishes to install a wooden deck at his house, and that an allowance of 14' is actually what is needed. Council Member Cramer stated that the occupants of contiguous properties have been apprised of this variance request. MOTION: Council Member Cramer made a motion to approve Variance Request V03-025 for a reduction in rear yard setback to 16' at 2824 Hillside Road for Phyllis Roan. The motion was seconded by Council Member Wood. Motion was approved 6 - O. - (B) Rezoning Request Z03-0 18 - Light Industrial to RAD Conditional- 13.66 Acre Tract- East/West Connector and Highlands Ridge Road - Thomas Group Communities, LLC Mr. Wright stated the applicant proposes to rezone the subject property from Light Industrial (LI) to RAD Conditional. Mr. Wright stated it is proposed to build a total of 54 single-family residences on this property. Mr. Wright stated that the Planning and Zoning Board (PZB) has voted to approve this measure, and that staff supports the request with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least one person by Mr. Cochran. Council Member Wood recognized Mr. Kevin Moore, an attorney representing the applicant, and asked Mr. Moore to explain the need for the requested rezoning to those present. Mr. Moore stated the subject property is a 13.66 acre tract located at East/West Connector and Highlands Ridge Road. Mr. Moore provided details to those present about other projects in Cobb County undertaken by Thomas Group Communities, LLC (TG). Mr. Moore stated that TG has identified a specific need that customers have, and designs communities for mature people who need a smaller residence with less maintenance. Mr. Moore stated the proposal ofTG for the subject property calls for 54 ranch condominium dwellings at a density of3.8 units per acre. Mr. Moore showed a graphic representation ofthe planned community to those present. Mr. Moore stated the plans call for a single entrance to the development from Highlands Ridge Road and - September 15, 2003 3 - substantial landscaping along East/West Connector and Highlands Ridge Road. Mr. Moore stated that most of the dwellings will be attached in groups of four, with a few attached in groups of two. Mr. Moore stated all the units will have two-car garages, with stone exteriors and some hardiplank siding limited to accent use. Mr. Moore provided to those present statistical details from a traffic study commissioned by the developer, and expressed the view that the results of that study indicate the impact of the proposed community on traffic in the affected area will be minimal. Mr. Moore stated the proposed site is conveniently located near shopping facilities. Mr. Moore stated that this type of community should have negligible impact on nearby public schools and infrastructure. Mr. Moore stated the developer is agreeable to the stipulations formulated by the City's staff. Council Member Wood asked Mr. Moore if the plans for the proposed development call for sidewalks and a deceleration lane on Highlands Ridge Road, and Mr. Moore answered in the affirmative. Council Member Wood asked Mr. Moore ifthe plans for the proposed development call for amenities, and Mr. Moore stated a clubhouse and pool are planned for the development. - Mayor Bacon recognized Mr. Jim Cagle (phonetic), residing in Vinings Glen, who asked if a right-turn lane will be installed from Highlands Ridge Road to the East/West Connector. Mr. Miller stated there are no plans for installing such a turn lane at present. Mr. Miller stated a condition requiring the developer to cooperate with the County and City during the building permit process is included in the proposed stipulations. Council Member Wood stated Cobb County has the authority to decide what improvements, if any, will be made on East/West Connector. Mr. Cagle expressed opposition to the rezoning request on the basis of traffic congestion which could be aggravated by the proposed development. Mr. Cagle stated his employer pays over $100,000 per year in local taxes. Mr. Miller stated that any road improve- ments determined by the County to be made necessary by the proposed development will have to be paid for by the developer. Council Member Lnenicka asked Mr. Moore if any commitment can be made by the developer in regard to construction of a right-turn lane in the affected area, and Mr. Moore stated the developer will make any road improvements determined by the County to be necessary. Council Member Wood stated that the proposed residential use for the subject property is likely to generate less traffic than any light industrial use for which the subject property is currently zoned. At Council Member Wood's direction, Mr. Miller read the following list of stipulations for the proposed rezoning: I. The development will maintain the following setbacks: Front - 75', Side - 40' and Rear- 40'. 2. Each residence will be a minimum of 1,600 square feet in area. The elevations for the residences shall comply with those included by the applicant in the rezoning package. 3. There shall be protective covenants on all lots. The protective covenants shall be supplied to the City prior to the issuance of a building permit. 4. The retention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. - September 15, 2003 4 5. All utilities within the development shall be underground. 6. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. - 7. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 8. The developer shall be responsible for any traffic improvements deemed necessary by either the City or the County during construction plan review. This will include (but not be limited to): a deceleration lane on Highlands Ridge Road and sidewalks along both Highlands Ridge Road and the E- W Connector for the extent ofthe development. Council Member Lnenicka asked Council Member Wood if the developer will have to comply with all other regulations ofthe City's zoning ordinance, and Council Member Wood answered in the affirmative. MOTION: Council Member Wood made a motion to approve Rezoning Request Z03-018 from Light Industrial to RAD Conditional for a 13.66 acre tract at East/West Connector and High lands Ridge Road for Thomas Group Communities, LLC subject to the eight stipulations read into the record. The motion was seconded by Council Member Cramer. Motion was approved 6 - O. (C) Land Use Change Request Z03-0 18 - Industrial Compatible to Medium Density Residential - ] 3.66 Acre Tract - East/West Connector and Highlands Ridge Road- Thomas Group Communities, LLC - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to approve Land Use Change Request Z03- 018 from Industrial Compatible to Medium Density Residential for a 13.66 acre tract at East/West Connector and Highlands Ridge Road for Thomas Group Communities, LLC. The motion was seconded by Council Member Cramer. Motion was approved 6 - O. (D) Rezoning Request Z03-0 19 - Cobb County R-20 (SFR) to City of Smyrna R-12 (SFR) - 0.93 Acre Tract - Pierce Avenue and Dixie Avenue - Mill Creek II, LLC Mr. Wright stated that annexation of the subject property is proposed, and that the developer plans to build three single-family homes on the subject property. Mr. Wright stated that the Planning and Zoning Board (PZB) has voted to approve this measure, and that staff supports the request with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Scoggins recognized Mr. Parks Huff, an attorney representing the applicant, and asked Mr. Huff to explain the need for the requested rezoning to those present. Mr. Huff stated the applicant is requesting annexation of the subject property into the City. Mr. Huff stated the developer plans to demolish an existing structure on the subject property and build three single-family homes there consistent with the R-12 zoning. Mr. Huff stated the applicant is in - September 15, 2003 5 - agreement with the stipulations formulated by the City staff. Council Member Scoggins asked Mr. Huff what the square footage of the proposed dwellings will be, and Mr. Huff stated it will be a minimum of 2,000 square feet. Council Member Scoggins asked Mr. Huff if all three structures will have basements and two-car garages, and Mr. Huffanswered in the affirmative. Council Member Scoggins asked Mr. Miller to read the list of stipulations for the proposed rezoning to those present. Mr. Miller stated the rezoning will actually be to R-12 Conditional, which is site plan specific. Mr. Miller read the list of stipulations as follows: I. The development will maintain the following setbacks: Front - 35', Side - 10', Street Side - 23' and Rear - 30'. 2. Each home will utilize traditional building materials including stone, stucco, shake and hardy-plank. No vinyl siding shall be permitted. 3. Each residence will be a minimum of2,OOO square feet in area. The elevations for the residences shall generally comply with those included by the applicant in the rezoning package with the exception of the vinyl siding which is prohibited. Each residence shall include a two-car garage and a full basement. 4. There shall be protective covenants on all lots. The protective covenants shall be supplied to the City prior to the issuance of a building permit. - 5. Any necessary retention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 6. All utilities within the development shall be underground. 7. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 8. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. - 9. Each lot shall have the following trees replanted per lot either: four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z03-019 from Cobb County R-20 (SFR) to City of Smyrna R-12 Conditional (SFR) for a 0.93 acre tract at Pierce Avenue and Dixie Avenue for Mill Creek II, LLC subject to the conditions read into the record. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. .~ September 15, 2003 6 (E) Land Use Change Request Z03-0 19 - Low Density Residential to Medium Density Residential - 0.93 Acre Tract - Pierce Avenue and Dixie Avenue - Mill Creek II, LLC - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to approve Land Use Change Request Z03- 019 from Low Density Residential to Medium Density Residential for a 0.93 acre tract at Pierce Avenue and Dixie Avenue for Mill Creek II, LLC. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. (F) Approval of Application for Annexation - .934 Acre Tract - Land Lot 519, Parcel 69 - 2525 Dixie Avenue - Edmond Mingo, et a\. Mr. Wright stated the legal description of the subject property has been reviewed by the City Engineer with satisfactory results. Mr. Wright stated the application was validated at the August 18,2003 Council meeting, and has been advertised as required by State law. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Scoggins made a motion to approve the application for annexation for .934 acre tract in Land Lot 519, Parcel 69, at 2525 Dixie Avenue for Edmond Mingo, et a\., with an effective date of October 1,2003. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. (G) Special Land Use Permit Request Z03-021 - Construction of Temporary Modular Office Building - 2000 Maner Road - Freight Terminals - Mr. Wright stated the applicant proposes to build a temporary modular building at the subject location to accommodate the company's expanding office needs. Mr. Wright stated staff supports the request provided the use ofthe temporary building is limited to sixteen months. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Brian Peterman, the branch manager for Watkins Motor Lines (WML), and Mr. Richard McBride, district manager for WML. Council Member Wood asked Mr. Peterman to explain the need for the requested special land use permit to those present. Mr. Peterman stated the regional office of WML will be located at 2000 Maner Road, and that the modular building is needed to house staff until a permanent building can be constructed. Council Member Wood asked Mr. Peterman if it is correct that the proposed site of the modular building is not close to any residential property, and Mr. Peterman answered in the affirmative. Council Member Wood asked Mr. Peterman how long he expects the modular building to be in use, and Mr. Peterman stated he expects it to be used no longer than sixteen months. MOTION: Council Member Wood made a motion to approve Special Land Use Permit Request Z03-021 for construction of a temporary modular office building at 2000 Maner Road for Freight Terminals with the condition that the use of the modular building be limited to sixteen months. The motion was seconded by Council Member Cramer. Motion was approved 6 - O. - September 15, 2003 7 FORMAL BUSINESS: - There was none. COMMERCIAL BUILDING PERMITS: (A) 1270 West Spring Street - 15,439 s.f. Retail/Office Building - Noro-GKJ Development, LLC Mr. Wright stated staff recommends approval of the permits for both buildings at the subject location on the condition that the closings on the two properties be completed by the end of the current year. MOTION: Council Member Scoggins made a motion to approve a commercial building permit for a 15,439 s.f. Retail/Office Building for Noro-GKJ Development, LLC at 1270 West Spring Street on the condition that the closing on the property by the applicant be completed by December 31,2003. The motion was seconded by Council Member Cramer. Motion was approved 6 - O. (B) 1275 West Spring Street - 17,098 s.f. Retail/Office Building - Noro-GKJ Development, LLC - MOTION: Council Member Scoggins made a motion to approve a commercial building permit for a 17,098 s.f. Retail/Office Building for Noro-GKJ Development, LLC at 1275 West Spring Street on the condition that the closing on the property by the applicant be completed by December 31,2003. The motion was seconded by Council Member Cramer. Motion was approved 6 - O. CONSENT AGENDA: (A) Approval of September 2, 2003 Minutes (B) Approval of Amendment of the August 4,2003 Council Meeting Minutes The signature list on the last page of the August 4,2003 Council meeting minutes must be amended to accurately reflect the elected officials actually in attendance at the meeting on that date. (C) Approval of Use of Council Chambers for the Vinings Pointe Homeowners Association meeting on Tuesday, September 23,2003 from 7:00 p.m. to 9:00 p.m. (D) Approval ofInstallation of No Parking signs on Glendale Place The City has received a complaint about vehicles parking on Glendale Place and creating a safety concern. Glendale Place is a narrow residential Street with a sharp curve. Vehicles parking in the roadway create limited visibility and a potential safety hazard. The City Engineer has reviewed this and recommends approval of a No Parking zone on both sides of Glendale Place from the Glendale Apartments to Glendale Circle. (E) Approval of Extension of Commercial Solid Waste Collection and Disposal Agreement for Two Additional Years The current contract expires December 31, 2003; it provides for up to two additional two- year extension options. Under the original contract, service started January I, 1994. It - September 15,2003 8 was amendcd in 1998 to continue until December 31,200 I, it was amended again in 2001 to expire on December 3 I, 2003 with two two-year extension options. In consideration of the extension, Waste Management agreed to freeze the price and double its monthly rebate to the City to $2,000 per month. Extension of the commercial solid waste collection and disposal agreement for two additional years is recommended. MOTION: Council Member Lnenicka made a motion to approve the consent agenda. The motion was seconded by Council Member Cramer. Motion was approved 6 - O. - COMMITTEE REPORTS: Council Member Newcomb stated that Council Member Pritchett was unable to attend this meeting because she is attending a homeowners association meeting. Council Member Newcomb recognized Mr. Seigler, who reported that City Library use statistics continue to trend upward. Mr. Seigler provided details of current programs and events at the City Library. Council Member Newcomb recognized Ms. Bennett, and Ms. Bennett expressed appreciation to those citizens who attended the Spice (?f Life event held last weekend in the City, and to the many City employees whose efforts helped to make this event a success. Ms. Bennett also thanked the merchants of the downtown area and the sponsors of the event for their contributions. Counci I Member Newcomb stated the Spice C?f Ltfe event was well-attended and enjoyed by many citizens. Council Member Newcomb recognized Mr. Ciaccio, and Mr. Ciaccio provided a progress report on the work at Chuck Camp Park to those present. Mr. Ciaccio stated the improvcments at Chuck Camp Park include ball ficlds and batting cages. - Council Member Newcomb recognized Mr. Corey, who provided to those present details concerning positions for which the City is currently recruiting. Mr. Corey congratulated Mr. Eric Cooper of the Public Works Department on being named Employee of the Month. Council Member Newcomb stated we are fortunate to live in a country where wc are free to express our views. Council Member Newcomb asked citizens wishing to make public commcnts to try to limit the amount of time they spend speaking. Council Member Newcomb stated that any qualified candidate who wishes to run for office should do so, and that the voting public can determine who is the best person for the job. Council Member Scoggins recognized Chief Williams, who stated the City has an unfunded mandate to conduct a threat assessment study for the Homeland Security program. Chief Williams stated that Cobb County has provided assistance with the preparation of this report, which he expects to be completed in a few days. Council Member Scoggins recognized Chief Hook, who provided details concerning current City police operations and related statistics to those present. Council Member Scoggins commended Ms. Bennett and her assistant, Mrs. Odalys Huggins, for their work on the Spice qf Life event. - September 15, 2003 9 Council Member Weeks commended Ms. Bennett on the success of the Spice of Life event, and stated she has received many favorable comments from citizens about this event. - Council Member Weeks thanked Mr. Martin and Mr. McNabb for their comments at this meeting. Council Member Weeks stated she concluded that the best way for her to continue to serve the City is by being a candidate for the Ward 4 council post. Council Member Weeks stated she made this decision on her own, and looks forward to a great election. Council Member Cramer recognized Ms. Kirk, who stated that the jonquil bulbs will be available for distribution around the beginning of next month. Ms. Kirk provided details of Keep Smyrna Beautiful (KSB) activities to those present, including the Rivers Alive clean-up program scheduled for October II and the Adopt-a-Mile event on October 18. Council Member Cramer recognized Mr. Hildebrandt, who had no report. Council Member Cramer recognized Mr. Stokes, who provided details of City street repaving activities and other projects to those present. Council Member Cramer reminded those present that pavers are still available for the Veterans Memorial. Council Member Cramer commended Ms. Bennett and her assistant, Mrs. Huggins, for their work on the Spice of Life event. Council Member Cramer stated he hears many favorable comments from citizens about this and other City events. - Council Member Lnenicka recognized Mr. Miller, who reminded those present about the Livable Centers Initiative (LCI) meeting scheduled for October 15 at the Community Center. Mr. Miller provided details of current permit statistics to those present. Council Member Lnenicka expressed appreciation to Cobb County Commission Chairman Sam Olens and Commissioner Joe Thompson for meeting with City officials at the Brawner facility for the purpose of discussing possible ideas for the future use of that property. Council Member Wood recognized Ms. Edgar, and asked Ms. Edgar for a progress report on the audit for the fiscal year ending June 30. Ms. Edgar stated the work at City Hall is almost finished, and that some draft statements should be available in about a week. Council Member Wood stated the Spice of Life event was well-attended and enjoyed by many citizens. CITIZENS INPUT: Mayor Bacon recognized Mrs. Jean Martin, residing at 3431 Lee Street, who stated there seems to be a lack of respect and accountability among the City's elected officials. Mrs. Martin stated that if council members are concerned about time limits for citizen comments, then a policy of limiting comments to a certain number of minutes should be adopted. - Mayor Bacon recognized Mr. Kevin Martin, who expressed views about honesty and integrity to those present. Mr. Martin invited those present to the Alumni Baseball Game on September 21 for the benefit of the Campbell High School baseball program. Mr. Martin stated that the late Coach Joe Lattanzi will be honored by the retirement of his jersey number at this event. September 15, 2003 10 Mayor Bacon recognized Ms. Jenny Arn, residing at 3095 Lee Street, who stated that many people in the City persuaded Council Member Weeks to run for the Ward 4 council post because they would like to keep her on the city council. - Mayor Bacon recognized Mr. Alex Backry, who expressed concern about an action by Chief Hook in connection with employee appraisals. Mr. Backry expressed concern about current policies for shift staffing at the City police department. Mr. Backry expressed concern about the distant locations from which many police department and fire department personnel commute in agency vehicles. Mr. Backry stated he considers such a use of agency vehicles to be a misuse of public resources. Mayor Bacon recognized Mr. David Wilkerson, who expressed views regarding the last redistricting. Mr. Wilkerson expressed an interest in seeing the matter of redistricting revisited for discussion early next year. Mayor Bacon recognized Mr. Jimmy Smith, residing in Ward 5, who provided to those present details regarding his background and experience. Mr. Smith provided details of his candidacy for the Ward 5 city council post to those present. Mayor Bacon recognized Mr. Rose, who expressed views regarding the upcoming election. Mr. Rose introduced Ms. Jean Aaron, residing at 2648 Davenport Street, who stated she is a resident of Smyrna in Ward 3. Ms. Aaron stated she is glad she lives in America where she has the opportunity to run for public office. Ms. Aaron expressed disappointment about the level of voter participation in previous City elections. Ms. Aaron stated she is making an effort to help build voter participation by personally going out into the community to talk to citizens to obtain their views and input. Ms. Aaron stated she is committed to running in this election, and that she has tried to make her platform known to constituents. Ms. Aaron stated she challenges her opponent to get out into the community to talk to the citizens because there is a lot they can tell a candidate. - Mayor Bacon recognized Mr. Robert George, who stated that the City's elected officials have a legal and moral responsibility to ensure that no person's civil rights are violated. Mr. George expressed concern about the recent redistricting. Mayor Bacon recognized Ms. Martha Livanec, residing at 3125 Lee Street, who stated that many people in the City encouraged Council Member Weeks to run for the Ward 4 council post because they believe she would be a good city council representative. Ms. Livanec encouraged the residents of the City to participate in the process of electing the City's mayor and council members. Mayor Bacon recognized Mr. Floyd Millis, who stated he is a candidate for the Ward 6 council post, and provided details of his background to those present. Mr. Millis expressed concern about the circumstances under which Council Member Weeks is running for the Ward 4 council post. Mayor Bacon stated the City of Smyrna is one ofthe few local governments he knows of that affords its citizens two opportunities at its public meetings to freely express their opinions. Mayor Bacon stated that when Mr. Hawkins announced his decision to resign, nobody knew he would sell his house as quickly as he did. Mayor Bacon stated that when the search for an interim Ward 4 council member was in progress, he advised the candidates at that time that no unfair advantage should be given to any particular candidate. Mayor Bacon stated he does not believe - September 15, 2003 11 ... that any of the candidates for the interim post had any intention of running in the election at the time they were considered. Mayor Bacon stated that Council Member Weeks contacted him before the qualification period to discuss her interest in running for the position. Mayor Bacon stated he told Council Member Weeks he believes she can do the job, but that if she were to win, some people will say that she won because she was not just a candidate. Mayor Bacon stated Council Member Weeks is responsible for her own actions, and has changed her mind and decided to be a candidate in the upcoming election for the Ward 4 council seat. ADJOURNMENT: With no further business, the meeting was adjourned at 10: 1 0 p.m. ) DcJI~ SU AN D. HIOTT, CITY CLERK ... ~~u .! RON NEWCOMB, WARD 2 ,/ ~ LIQCC~ .l~Qcr: ~~ A A. WEEKS, WARD 4 0~ WADE S. LNENICKA, WARD 6 c1~&~ CHARLES PETE WOOD, WARD 7 ... ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number 2003-25 Land Lot 519 Acres .934 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 and 60 percent of the resident electors described in Exhibit "A" attached hereto have been notified ofthe 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 September 15, 2003 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 ofthe 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 15th September, 2003. / A. Max Bacon, Mayor 0~ f) ~rkctz5 ~ Susan D. Hiott, City Clerk City of Smyrna ... - Ordinance 2003-25 Exhibit "A" ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 519 of the I th District, 2nd Section, Cobb County, Georgia, and being more particularly described in that certain Zoning Plat prepared by Betterton Surveying & Design, Inc. for Mill Creek II, LLC, dated July 8, 2003, and being more particularly described as follows: BEGINNING at a point where the south side of Pierce Avenue intersects the east side of Dixie A venue, as shown on said Zoning Plat, and running thence east along the south side of Pierce A venue for a distance of 46.64 feet to an iron pin; thence south 88 degrees 34' 3 5" east 283.15 feet to an iron pin found on the south side of Pierce Avenue; thence south 02 degrees 19'54" west 159.40 feet to an iron pin found; thence north 88 degrees 39'00" west a distance of 181.10 feet to an iron pin located on the northeast side of Dixie Avenue; thence north 41 degrees 27'57" west a distance of 189.78 feet to an iron pin and right-of-way monument; thence 26.69 feet to the point of beginning where the south side of Pierce Avenue intersects the east side of Dixie Avenue, said tract containing 0.934 acres (40,721 square feet). ... ... September 2, 2003 - 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 were City Clerk Susan Hiott, City Attorney Scott Cochran, Community Development Director Chris Miller, and representatives of the press. Invocation was given by Reverend Jim Moon from Crosspoint Presbyterian Church, followed by the pledge to the flag. AGENDA CHANGES: There were none. CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, who expressed views regarding tree conservation and animal control to those present. Mayor Bacon recognized Ms. Sam Sammon, residing in Bordeau Walk, who expressed concerns to those present about persons parking vehicles in the street in her neighborhood and some apparent confusion about jurisdiction. Mayor Bacon asked Mr. Wright to inquire into this matter. ... Mayor Bacon recognized Ms. Mary Rose Barnes, residing at 4756 Oakdale Road, who complimented the elected officials present on the City Welcome Center. Ms. Barnes expressed concerns to those present about vehicles at dealerships parked in the right-of-way along South Cobb Drive. MAYOR'S REPORT: Mayor Bacon had nothing to report. PUBLIC HEARINGS: (A) Rezoning Request Z03-0l2 - Light Industrial (L1) to General Commercial/Conditional (GC-Conditional) - 2.2 Acre Tract - Land Lot 461 - RACO Peachtree Ventures, LLC Mr. Wright stated the proposed development calls for construction of two commercial buildings in the area of the East-West Connector. Mr. Wright stated one building is to be used as a bank, while the other structure is proposed to be developed as a 7,600 s.f. commercial retail building. Mr. Wright stated that staff recommends approval of the proposed development with a number of stipulations. Mayor Bacon recognized Mr. Kevin Moore, and Mr. Moore stated he is an attorney representing RACO Peachtree Ventures, LLC (RACO). Mayor Bacon stated this is a public hearing, and asked for public comment. There was none. - Mr. Moore stated that RACO was the developer ofthe industrial uses currently in the area of United Drive near the subject property. Mr. Moore stated RACO is seeking a rezoning of the subject property to General Commercial-Conditional because it is a comparatively small tract September 2,2003 2 with a triangular configuration which is not suitable for industrial uses. Mr. Moore stated that proposed elevations for the structures have been submitted to the City staff. Mr. Moore stated the developer has worked closely with the Vinings Estates Homeowners Association (VE) and the Vinings Lake Homeowners Association (VL) in order to formulate a plan for the proposed development which will minimize the impact of the development on those neighborhoods. Mr. Moore stated the developer has worked closely with Council Member Wood and others in order to arrive at a list of stipulations for the proposed project. Mr. Moore stated the proposed retail building is not a large building, and the construction plans call for a brick exterior. Mr. Moore stated a list of permitted retail uses has been stipulated for the project, and that the developer has worked closely with VE and VL to put together a list of retail uses that is suitable. Mr. Moore stated that a list of prohibited uses has been compiled by Mr. Chris Miller, and that the developer is in agreement with this list of prohibited uses as well. Mr. Moore stated the objective of these steps is to ensure that the types of businesses desirable to the nearby residents will be located at the proposed development, and Mr. Moore provided examples. Mr. Moore stated that a list of 16 rezoning stipulations has been prepared by the City staff for the proposed development, and that the developer is agreeable to these stipulations. Council Member Scoggins asked Mr. Moore if it is correct that there is no planned entrance from the East-West Connector to the proposed development, and Mr. Moore answered in the affirmative. Mr. Moore stated the entrance to the facility will be from United Drive. Council Member Scoggins asked Mr. Moore if there is a traffic light at that location, and Mr. Moore answered in the affirmative. - Council Member Wood asked Mr. Miller if it is correct that the proposed plans for the subject location specifY brick structures, and Mr. Miller answered in the affirmative. At Council Member Wood's direction, Mr. Miller read the following list of stipulations for rezoning the subject property to GC-Conditional: 1. The following uses shall not be permitted on the subject parcel: - · Automotive sales/repair · Automobile wash service · Boat sales and repairs · Boarding and breeding kennels · Dry cleaning plants · Farm equipment sales and service · Massage parlor · Mobile home and travel trailer sales · Motorcycle sales and service . Pawnshops · Service stations · Stations and terminals for bus and rail passenger service . Taxi stands . Theaters · Art Shows, carnival rides and special events of community interest · Automobile parts - wholesale · Automobile leasing · Bowling alley · Drive-in restaurant · Drive-in theater · Linen and diaper serves (plant only) ... September 2, 2003 3 . Printing plant . Tattoo Parlor . Billiard Parlor .... . Skating Rink . Game Arcade . Gun Shop . Target Range 2. The architectural elevations shall be substantially similar and consistent with those provided to the City prior to September 2, 2003 public hearing. 3. The site plan for the development shall be substantially similar and consistent with the site plan presented to the Mayor and Council during the September 2, 2003 public hearing. 4. The parking lot shall provide both landscape islands at the terminus of each row and one landscape island after every lOth parking space. Each landscape island shall provide a minimum green area of 5' in width and include a shade tree with a minimum caliper of 4". 5. The 5' buffer strip along United Drive and the E/W Connector shall contain one tree for every 35' with a minimum caliper of 4". 6. The parking lot lighting shall be limited to decorative lighting fixtures equivalent to the Georgia Power "Sternberg" style posts used in downtown Smyrna. All on-site lighting shall utilize "full- cutoff' technology and shall not exceed 20' in height. 7. Any necessary retention ponds for the development shall be placed and screened appropriately to be unobtrusive outside and inside the development. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. - 8. The County DOT shall review any connections to the E/W Connector. The City Engineer shall review the locations of any proposed driveways as well. 9. The developer shall be responsible for all expenses required for access improvements (including turn lanes) associated with the development. 10. All utilities within the development shall be underground. II. The developer will comply with the City's current tree ordinance and plans shall be submitted to the city arborist for review and comment prior to construction. 12. No debris may be buried on any lot or common area. 13. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist. 14. A sidewalk shall be provided along the E/W Connector and United Drive. A strip of brick pavers or stamped concrete shall be installed at the entrances from United Drive for a minimum distance of 30 feet. - September 2, 2003 4 15. A grass buffer with a minimum width of 5' shall be provided between the back of curb and sidewalk whenever possible. 16. The on-site trash receptacle area shall be enclosed on three-sides with a masonry or brick wall and be screened from view by vegetation. - MOTION: Council Member Wood made a motion to approve Rezoning Request Z03-012 from Light Industrial to General Commercial - Conditional for a 2.2 acre tract in Land Lot 461 for RACO Peachtree Ventures, LLC, subject to the 16 conditions read into the record by Mr. Miller. The motion was seconded by Council Member Cramer. Council Member Lnenicka expressed appreciation to Mr. Moore and the applicant for their efforts in utilizing input from various sources to formulate their plans, which he believes has resulted in a much-improved plan. Motion was approved 7 - O. (B) Land Use Change Request Z03-0 12 - Industrial Compatible to Community Activity Center - 2.2 Acre Tract - Land Lot 461 - RACO Peachtree Ventures, LLC Mayor Bacon stated this is a public hearing, and asked for public comment. There was none. MOTION: Council Member Wood made a motion to approve Land Use Change Request Z03- 012 from Industrial Compatible to Community Activity Center for a 2.2 acre tract in Land Lot 461 for RACO Peachtree Ventures, LLC. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. (C) Zoning Amendment Request Z03-013 - Site Plan Revision - 36.6 Acre Tract in Land Lots 55, 56, 613 and 684 - Pulte Home Corporation - Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least one person by Mr. Cochran. Mr. Wright stated the applicant is proposing to amend the approved stipulations from October 21, 2002 for the development at the southeast corner of Oak dale Road and Nickajack Park Road. Mr. Wright stated the developer, Pulte Home Corporation, has requested changes including reduction of the total number of units from 183 to 146, deletion of the requirements mandating four-sided brick elevations adjacent to Oakdale Road and three-sided brick elevations on all other buildings, change in the percentage of two-car garage units from 75% to 100%, and amendment of Stipulation #7 to reflect additional open space areas not depicted on the previously approved site plan. Mr. Wright stated that staff concurs with the requested amendments with a number of changes. Council Member Wood recognized Mr. Huff, and asked Mr. Huff to explain the need for the requested amendment to those present. Mr. Huff stated that the requested amendments pertain largely to changes in the product and to the increase in the stream bank buffers. Mr. Huff stated the changes have necessitated a reduction in the number of proposed units from 183 to 146, and that the percentage of units with two-car garages will increase from 75% to 100%. Mr. Huff stated that the number of units facing Oakdale Road has been reduced to nine, and that these are not expected to be visible from Oakdale Road. Mr. Huff stated that because the units are not expected to be visible from Oakdale Road, the applicant is requesting that certain requirements, including landscaping requirements and a requirement for a masonry wall, be removed. Mayor Bacon asked Mr. Huffifis correct that none of the units which back up to Oakdale Road will be visible from Oakdale Road, and Mr. Huff explained that the grade differential will obscure the -- September 2, 2003 5 ... structures, and showed a schematic to those present illustrating the grade of the land. Mr. Huff stated he believes that the proposed changes, such as the increase in the percentage of units with two-car garages, may overcome some of the objections to the proposed development previously voiced by some residents in the area. Council Member Lnenicka asked Mr. Huff if any change in the projected sales price of the units is anticipated given the reduction in density, and Mr. Huff stated he is not aware of any proposed change in price. Council Member Lnenicka asked Mr. Huff if it is possible that four-sided brick construction would make the proposed units more attractive to potential purchasers, and Mr. Huff stated that the applicant has conducted market research, and based the proposed design of the units on that which is believed to be what customers are looking for. Mayor Bacon recognized Ms. Mary Rose Barnes, who stated she spoke on this matter two weeks previously. Ms. Barnes state she has talked to the developer about grading that has been done at the subject location, and has been assured by the developer that the grading is being done according to the present plan. Ms. Barnes stated the site plan does not show the twelve acres of conservation easement. Ms. Barnes stated that the subject property is not posted with the date of the present public hearing. Mr. Cochran stated that there are no notification problems with the present public hearing. Mr. Cochran stated the public hearing was posted and published, and tabled to the present date. Council Member Wood recognized Mr. Miller, who read the following stipulations for the requested site plan revision to those present: - I. The development of the proposed residential townhouse community shall be limited to 146 units at an overall density of 3.98 units per acre. The minimum floor area of each unit will be 1,800 square feet. The following minimum setbacks and building separations shall be maintained: Setbacks: Oakdale Road - 50' Nickajack Park Road - 50' South property line - 40' West Property line - 40' Building Separations: Front to front - 50' Front to side - 40' Side to side - 20' Side to rear - 30' Rear to rear - 50' 2. The development shall comply with the elevations presented by the applicant, and included with the package provided, to the Mayor and Council at its meeting on September 2, 2003. Brick, stone, stucco or architectural shake shall be used on at least three sides of each building. No portion of the buildings shall utilize 100% horizontal siding. 3. All units shall be provided with a two-car garage. - September 2,2003 6 4. The developer shall install a right turn lane into the site from Oakdale Road with a minimum length of 50' per the recommendations in the traffic study submitted by the applicant. - 5. A tree survey shall be provided by the applicant prior to the Council Meeting demonstrating the number of trees and caliper of each tree to be preserved in the tree save area. This plan shall preserve and protect existing specimen trees throughout the subject property to the greatest extent possible. 6. The Civil War trench lines which may traverse the property must be protected and preserved. This wi1\ be a condition of building permit approval. 7. The development shall provide pedestrian linkages to Nickajack Park via pathways through the open space and passive recreation areas. The developer shall also work with the City to establish an open space easement in favor of the City for the open space portion of the site as depicted on the site plan presented to the Mayor and Council at its September 2, 2003 Meeting. This easement shall be recorded prior to the issuance of any building permits. 8. There shall be protective covenants on all lots and there shall be a mandatory homeowners association for the development of 10 or more homes. A gazebo, or other public amenity appropriate for community meetings, shall be provided within the development. 9. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. - 10. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. II. All utilities within the development shall be underground. 12. A strip of brick pavers or stamped concrete shall be installed on the street entrance from Oakdale Road for a minimum distance of20 feet. 13. The development of private streets shall conform to the City's standards for public right- of-ways. 14. Conveyance and donation of right-of-way so that 50' from the centerline of Oakdale Road can be achieved. 15. Conveyance and donation of right-of-way so that 30' from the centerline of Nickajack Park Road can be achieved. 16. The protective covenants wi1\ require all non-resident property owners to keep the Homeowners Association advised of the current address and phone numbers where they can be reached. The HOA documents shall prohibit the use of any unit in the development for rental purposes. - September 2, 2003 7 17. There shall be a landscaped front entrance, with monument, indicating the name of the development. ... 18. No debris may be buried on any lot or common area. 19. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". 20. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 21. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 22. All internal streets shall have a sidewalk on one side. The developer shall continue the sidewalk on the south side of Nickajack Park Road within the extent of the property boundaries consistent wit the City's standards. 23. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. - 24. Developer shall install a 6' masonry wall, wrought iron fence, or a combination of both along Oakdale Road for a minimum distance of 100'. The remainder of the frontage along Oakdale Road shall incorporate a landscape buffer with one tree every 45'. Additionally, the developer shall provide a minimum of 20' undisturbed buffer (except for the development entrance and sidewalk) along the frontages of streets outside the development. 25. A detailed entry plan for each entrance denoting all entry features shall be provided prior to the Council Meeting. 26. The developer shall enter into a restrictive covenant in favor of Cobb County regarding a 50' stream bank buffer on the subject property in order to accommodate the Nickajack Creek Green Way Feasibility Study. MOTION: Council Member Wood made a motion to approve Zoning Amendment Request Z03-0 13 for a site plan revision for a 36.6 acre tract in Land Lots 55, 56, 613 and 684 for Pulte Home Corporation subject to the stipulations read into the record by Mr. Miller. The motion was seconded by Council Member Cramer. Council Member Lnenicka expressed appreciation to Mr. Huff for his cooperation with the City staff in working out the details of this zoning amendment. Motion was approved 7 - O. (D) Variance Request V03-024- Reduction in Side Yard Setback - 2600 Mathews Street- C-Comm 911 - Mr. Wright stated a commercial building is proposed for construction on the subject property. Mr. Wright stated that staff recommends approval of the requested variance because of the shape r- September 2,2003 8 of the subject lot provided the 10' wide landscape strip along Mathews Street includes one overstory tree every 30 linear feet. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Scoggins recognized Mr. John Carmichael, owner of C-Comm 911, and asked Mr. Carmichael to explain the need for the requested variance to those present. Mr. Carmichael stated that placement of the proposed structure on this oddly shaped lot will necessitate reduction of the side yard setback on the northern side of the subject property from the required 20' to 8.' Council Member Scoggins asked Mr. Carmichael ifhe is agreeable to the stipulation regarding the landscape strip along Mathews Street, and Mr. Carmichael answered in the affirmative. Council Member Scoggins recognized Mr. Miller, and Mr. Miller stated the setback reduction is limited to one small corner of the proposed building, and that in this instance the request is not unreasonable. MOTION: Council Member Scoggins made a motion to approve Variance Request V03-024 for reduction in side yard setback at 2600 Mathews Street for C-Comm 911. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (E) Rezoning Request Z03-0 14- 8.07 Acre Tract in Land Lot 594 - Area of Spring Street- R-15 (SFR) to RAD Conditional - BWWI, Inc. Mr. Wright stated the parcel is located on the south side of Spring Street between Elizabeth Street and Anderson Circle. Mr. Wright stated the applicant is seeking to construct 39 single-family residences in a subdivision. Mr. Wright stated this measure was tabled from the August 18, 2003 meeting to provide additional time to work out various details associated with the proposed development. Mr. Wright stated that staff does not recommend approval of the request as submitted because of concerns regarding density. - Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to numerous persons by Mr. Cochran. Council Member Scoggins recognized Mr. Kevin Moore, and Mr. Moore stated he represents the owners of the subject property and applicant BWWI, Inc. Mr. Moore stated the proposed development calls for construction of 39 homes, at a density of 4.82 units per acre. Mr. Moore stated this number of units is necessary because of the cost of redevelopment. Mr. Moore expressed the view that the proposed density is not inconsistent with other densities approved in the area. Mr. Moore stated that one of the proposed home sites has been relocated to avoid impact on a specimen tree and to maintain current points of access for streets. Mr. Moore stated that a specialty consulting firm has been engaged by the developer to help provide guidance for preservation of specimen trees. Mr. Moore stated that a two-year bond can be obtained for the specimen trees. Mr. Moore stated that some 3" caliper trees can be planted along Elizabeth Street and Spring Street. Mr. Moore stated that Mr. Chet Tisher from Wilmont Williams Construction Company met with the City Engineer to review the developer's plan for storm water management at the subject location. Mr. Moore stated he understands that the City Engineer is comfortable with the developer's storm water management plan for the subject location. Mr. Moore stated that the developer's storm water management plan calls for use of the cross street as a dam and control structure. Mr. Moore stated that an outflow control structure will be a part of the developer's storm water control system. Mr. Moore stated the natural vegetation of the stream will help to clean the storm water. Mr. Moore stated that the developer has tried to come up with a plan that will provide quality single-family homes to the community, and that the -- September 2,2003 9 .... developer's plan is a good one. Council Member Scoggins asked Mr. Moore if a five-year bond is to be obtained for the specimen trees, and Mr. Moore stated that was a recommendation which had been made by an arborist. Council Member Newcomb stated that the city council approved a new set of policies on tree preservation in January which includes a requirement for developers to identify specimen trees. Council Member Newcomb stated that these trees are identified and marked on a plat map so that developers can work around them jfthe arborist determines that the trees are healthy. Council Member Newcomb stated that the plan has been revised to move one of the proposed houses out of the drip-line of one of the specimen trees, but that the alley is still close. Council Member Newcomb stated that the alleyway is still close to the specimen trees, and asked Mr. Moore if a five-year bond for the specimen trees is proposed. Council Member Newcomb stated that a report from the arborist indicates the specimen trees will not survive. Mr. Moore stated the development will be completed and the houses sold before five years have elapsed, and that this is the reason a two-year bond is proposed by the developer. Mr. Moore stated that the developer will agree to a five-year tree bond if necessary. Mayor Bacon asked Mr. Moore ifit is correct that the density of the proposed development has not changed, and Mr. Moore answered in the affirmative. -- Mayor Bacon recognized Mr. Mike Terry, residing on Pine Tree Drive, and Mr. Randy Ricks, and Mr. Terry stated that both he and Mr. Ricks represent the City of Smyrna Planning and Zoning Board (PZB). Mr. Terry stated that planning this proposed development has been a lengthy process, and provided details to those present about the work that PZB has done in connection with this project. Mr. Terry stated that at one point, the proposed density of this project was 7.27 units per acre. Mr. Terry stated that the developer has made efforts to improve the plan and has lowered the density, but that Mr. Miller has specifically indicated to the developer previously that the density must be at 4.0 units per acre or lower. Mr. Terry stated that similar developments in the City approved over the past eighteen months had densities in the range of3.2 to 3.9 units per acre. Mr. Terry stated that lowering the density ofthe proposed project has been a key point, but that to date the developer has kept the density at 4.9 units per acre. Mr. Terry stated that the proposed lots are very small, the proposed setbacks are unacceptable, and that concerns remain regarding trees, storm water management and erosion at the subject location. Mr. Terry stated that the negative aspects of the proposed development outnumber the positive aspects, and that PZB has voted unanimously against it. Mr. Terry stated that the developer requested that the proposal be brought before PZB again on the basis of comprehensive changes to the plan that had purportedly been made. Mr. Terry stated this proposal was heard by PZB a third time, and that the change presented on this occasion consisted of the addition of a tract of land comprising about one acre of adjacent property which was scheduled for acquisition with plans for about four or five houses to be built on it. Mr. Terry stated that the overall density was not affected by this change, and that once again PZB voted against the proposal unanimously. Mr. Terry stated that PZB has worked diligently on this proposal for four months, and met at least three time to discuss it. Mr. Terry stated that PZB members met with the developer at the proposed site three times, and received many telephone calls in connection with this matter. Mr. Terry stated that compromise from the Wilmont Williams Company is needed in this matter. Mr. Terry urged the Mayor and Council Members to do what is right for the City. Mr. Ricks stated he is confident that this latest version of the developer's proposal would not be approved by PZB. Mayor Bacon recognized Mr. Wilmont Williams, representing BWWI, Inc. Mr. Williams expressed appreciation to City staff members and officials for the efforts they have made in connection with this project. - Mayor Bacon recognized Ms. Penny Canalizo, residing at 3091 Highland Drive, who expressed concern about water run-off in the subject area. Ms. Canalizo provided details to those present September 2,2003 10 about problems she has experienced with water in the area of her property over a period of years. Council Member Newcomb stated that the Mayor and Council Members are sensitive to the concerns of the residents of the affected areas, and thanked Ms. Canalizo for attending this meeting. - Mayor Bacon recognized Ms. Susan Brooks, residing at 3111 Highland Drive, who expressed concern about water run-off in the subject area. Ms. Brooks expressed the view that a 10% reduction in water run-off at the subject location is not adequate. Ms. Brooks provided details to those present regarding problems she has experienced with water in the area of her property. Mayor Bacon recognized Mr. Mark Smith, residing at 2800 Spring Creek Place, who provided details to those present regarding problems he has experienced with water in the area of his property. Mr. Smith stated the water run-off control measures proposed for the subject property may be inadequate. Mayor Bacon recognized Mr. David Krebs, residing at 3118 Prestwick Place, who expressed concern about water run-off in the subject area. Mr. Krebs provided details to those present regarding problems he has experienced with water in the area of his property. Mayor Bacon recognized Ms. Pinky Gilbert, residing at 3115 Prestwick Place, who expressed concern about water run-off in the subject area. Mayor Bacon recognized Ms. Nancy Orth, residing at 3063 Highland Drive, who expressed concern about increased housing density in the City and large numbers of trees being lost to development. Mayor Bacon recognized Mr. Steve Gamwell, residing at 1510 Spring Street, who stated water run-off problems already exist in the subject area, and that he has never seen the stream near the subject location overflow its banks. Mr. Gamwell expressed the view that reducing the total number of houses proposed for the subject location by some eight units may make only a marginal difference if water problems exist there. Mr. Gamwell stated that some houses in the area of Elizabeth street are in a state of disrepair, and that he observes drivers on Elizabeth Street having difficulty avoiding oncoming traffic. Mr. Gamwell expressed the view that the developer's proposal for reconfiguring the streets in the subject area to better manage traffic may alleviate some traffic problems there. Mr. Gamwell stated the subject area is in need of development. - Mayor Bacon recognized Mr. Dean Wilkins, residing at 3021 Highland Drive, who expressed concern about water run-off in the subject area. Mr. Wilkins provided details to those present regarding problems he has experienced with water in the area of his property. Mayor Bacon recognized Mr. Michael Swift, residing on Highland Drive, who expressed concern about water run-off in the subject area. Mr. Swift provided details to those present regarding problems he has experienced with water in the area of his property. Mr. Swift expressed concern about increased housing density in the City. Mayor Bacon recognized Mr. Kevin Drawe, owner of Atkins Park Tavern at Village Green, who stated the subject area is in need of redevelopment, and asked the Mayor and Council Members to allow this proposed development to go forward. Mayor Bacon recognized Ms. Yolanda, owner of Fusion Hair Studio, who stated the subject area ~ September 2,2003 11 is in need of redevelopment, and asked the Mayor and Council Members to allow this proposed development to go forward. - Mayor Bacon recognized Ms. Andrea Kling, residing on Mimosa Circle, who stated the subject area is in need of redevelopment, but that she is opposed to this proposal because the density of the planned development is too high. Mayor Bacon recognized Messrs. Russell and Kenneth Mathews, residing at 2919 Elizabeth Street, who stated that many of the properties in the subject area are not maintained in good order, and that traffic there is also a problem. Mr. Mathews stated the subject area is in need of redevelopment. Mayor Bacon recognized Mr. George Alexander, residing at 1546 Walker Street, who expressed concern about water run-off in the subject area. Mr. Alexander provided details to those present regarding problems he has experienced with water in the area of his property. Mayor Bacon recognized Mr. Michael Seagraves, residing at 1428 Collier Drive, who stated the subject area is in need of redevelopment. Mr. Seagraves stated that alternative plans with lower density should be considered for the subject area. Mayor Bacon recognized Mrs. Rachel Chosewood and Mr. franklin Chosewood, residing at 2941 Anderson Circle, and Mrs. Chosewood stated she and Mr. Chosewood are in favor of the sale of the subject property. .... Mayor Bacon recognized Mr. Corbin Butler, residing at 2935 Anderson Circle, who stated that water problems already exist in the subject area, and that recent rainfall has been unusually heavy. Mr. Butler stated he hopes the City's elected officials make the right decision in this matter. Mayor Bacon recognized Mr. Tom Barker, who stated he is the real estate broker for Wilmont Williams Construction Company. Mr. Barker stated that assembling a tract of property owned by many different people is difficult. Mr. Barker stated that many of the properties in the subject area are not maintained in good order, and that the subject area is in need of redevelopment. Mr. Barker stated that new houses in the subject area would improve the City's tax base. Mayor Bacon recognized Mr. Jeff Sibley, residing on Highland Avenue, who stated that maintaining property in good order is the responsibility of property owners. Mr. Sibley stated that the owners of the subject property will have other opportunities to sell their property if this proposal does not go forward. Mr. Sibley stated that water run-off problems already exist in the subject area. Mr. Sibley stated the subject area is in need of redevelopment, but that any planning for redevelopment should be done in a thoughtful manner. Mayor Bacon recognized Mr. Nick Coman, residing at 811 Wayland Court, who stated the City is growing. Mr. Coman stated that water run-off problems already exist in the subject area. Mr. Coman stated that the City will continue to grow. - Mayor Bacon recognized Mr. Lemuel Ward, residing at 1496 Spring Street, who stated that some people like living in older neighborhoods. Mr. Ward stated he is not opposed to redevelopment, but that any planned development should take into consideration the recommendations of the City's professional staff and PZB members. Mr. Ward stated that serious questions regarding density, drainage, tree protection, traffic access and neighborhood compatibility are associated September 2, 2003 12 with the proposed development. Mayor Bacon recognized Mr. Ron Davis, residing at 1351 Roswell Street, who stated he is opposed to the proposed development. Mr. Davis asked those persons present who are opposed to the proposed development to raise their hands. Mr. Davis stated the City's professional staff has recommended that approval of the proposed development be denied by the city council. Mr. Davis provided details of the City's past redevelopment successes to those present. Mr. Davis stated that Smyrna has become a desirable area, and that the city council has an opportunity to maintain existing standards for development. Mr. Davis stated that opponents of the proposed development are concerned about the density, lot sizes, lack of diversity and incompatibility of house plans, drainage and tree loss associated with the proposed development. Mr. Davis stated the proposed level of density of the planned development is too high, and provided details to those present concerning possible problems that could arise as a result of the proposed density. Mr. Davis stated that 3.2 units per acre should be the required density for the subject tract of property . - Mayor Bacon recognized Ms. K. C. Clavin, residing on Roswell Street, who stated she supports redevelopment. Ms. Clavin provided details to those present regarding various concerns associated with the proposed density and lot sizes at the subject property. Ms. Clavin used Hatcher Homes as an example of how developers should interface with residents of a community when planning a redevelopment project near their homes. Mayor Bacon recognized Mr. Matthew Bennett, residing at 1486 Spring Street, who expressed concerns about the limited number of housing designs proposed for the subject location. Mr. Bennett stated the plans for the proposed development will result in what will essentially be detached townhouses. - Mayor Bacon recognized Ms. Amy Shay, residing on Mimosa Circle, who expressed concerns about water run-off in the subject area. Ms. Shay provided details to those present regarding problems that residents might experience with water in the area of the subject property. Mr. Davis asked the city council to deny approval of the proposed development. Mayor Bacon recognized Mr. Larry Jones, residing at 1423 Spring Street, who stated that many of the City's old trees are located in the subject area. Mr. Jones stated he is concerned about the impact the proposed development could have on these trees. Mayor Bacon recognized Mr. Craig Hersey (phonetic), who stated the subject area needs redevelopment. Mr. Hersey provided details to those present regarding the benefits that could be realized through redevelopment of the subject area. Council Member Scoggins stated he very much appreciates the concern for the City demonstrated by the many people who attended this meeting to present their thoughtful and informed viewpoints. MOTION: Council Member Scoggins made a motion to deny Rezoning Request Z03-0 14 for an 8.07 acre tract in Land Lot 594 in the area of Spring Street from R-15 (SFR) to RAD Conditional for BWWI, Inc. The motion was seconded by Council Member Newcomb. Council Member Lnenicka stated the subject area needs redevelopment, but that the proposed plan is not the best way to accomplish that objective. Council Member Lnenicka stated he will support the motion to deny this rezoning request. Council Member Newcomb commended - September 2, 2003 13 .... Council Member Scoggins for the leadership Council Member Scoggins has demonstrated throughout this difficult process. Council Member Newcomb stated the subject area needs redevelopment, but that redevelopment should be less dense with more trees and a solution to the water run-off problems in the subject area. Council Member Pritchett commended Mr. Williams for his efforts to bring redevelopment to the subject area. Council Member Pritchett stated that Mr. Williams is a reputable developer, and expressed the hope that some alternative plan with suitable density can be devised for the subject area by Mr. Williams. Council Member Weeks expressed appreciation to the many citizens who attended this meeting. Council Member Weeks commended Mr. Williams for making an effort to redevelop the subject area. Council Member Weeks stated she hopes Mr. Williams will eventually be able to submit an alternative plan for the subject area which will be outstanding in all respects. Council Member Wood stated that input from the community is valuable to the decision making process, and that many people have invested a lot oftime and thought in the information which was presented at this meeting regarding this proposal. Council Member Wood thanked those present for attending this meeting, and stated that participation in this process by everyone is what helps make democracy work. Council Member Wood stated he will support the motion to deny this rezoning request. Council Member Cramer stated he agrees that the subject area needs redevelopment, but he supports the motion to deny this rezoning request. Motion to deny the rezoning request was approved 7 -0. (F) Land Use Change Request Z03-0 14 - 8.07 Acre Tract in Land Lot 594 - Area of Spring Street - Low Density Residential to Medium Density Residential- BWWI, Inc. Mayor Bacon stated no action will be taken on this land use change request at this time. (G) Sign Ordinance Amendment - Sec. 82-15 (b) (I) b. Requirements for All Signs; Sec. 82-12 (7) Prohibited signs and sign devices .... Mr. Wright stated the purpose of the proposed amendment is to increase the permitted area for building signs, and to prohibit signs attached to or painted on motorized vehicles. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka stated he believes that commercial areas with large frontages should be allowed to have correspondingly larger signs. Council Member Lnenicka read from the proposed amendment of Sec. 82-12 (7) Prohibited signs and sign devices to those present. Council Member Lnenicka stated that some people appear to be using vehicles with signs painted on or attached to them as a means of circumventing parts ofthe City sign ordinance. MOTION: Council Member Lnenicka made a motion to approve the Sign Ordinance amendment to Sec. 82-15 (b) (I) b. Requirements for All Signs and Sec. 82-12 (7) Prohibited signs and sign devices as proposed in the information presented to the Council. The motion was seconded by Council Member Cramer. Mayor Bacon asked if delivery trucks marked with a company's name would be restricted by the ordinance. Council Member Lnenicka stated the purpose ofthe amendment is not to restrict marked service or delivery vehicles, but rather to prevent vehicles from being used as billboards parked in such places as rights-of-way. Mr. Miller stated the key word in the ordinance is "promotion," and that a vehicle used for promotional purposes would be disallowed under this amendment. Motion was approved 7 - O. ... *The assembly adjourned briefly for a recess. * September 2, 2003 14 (H) Variance Request V03-026 - Use of Unapproved Color for External Building Accessory - 4488 South Cobb Drive - Kauffman Tire Company Mr. Wright stated Kauffman Tire Company has requested a variance to permit the installation of a red canopy. Mr. Wright stated the red canopy would be similar in color to the roof of the Pizza Hut near the subject location. Mr. Wright stated the color selected by the applicant, Pantone 207- C, is not currently permitted by the City's overlay district color standards. Mr. Wright stated that staff recommends approval of the use of the Pantone 207-C red color provided its use is limited to the proposed canopy. - Mayor Bacon recognized Mr. Herb Manual, and Mr. Manual stated he is the real estate and construction coordinator for Kauffman Tire Company (KTC). Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka asked Mr. Manual to explain the need for the requested variance to those present. Mr. Manual stated the standard identifYing fa~ades for KTC are red canopies on the two front corners of KTC buildings. Mayor Bacon asked Mr. Miller if staff recommended approval of a similar request recently made by Dirt Cheep Music, and Mr. Miller answered in the affirmative. MOTION: Council Member Lnenicka made a motion to approve Variance Request V03-026 for installation ofa red canopy, Pantone 207-C red in color, at 4488 South Cobb Drive for Kauffman Tire Company. The motion was seconded by Council Member Wood. Motion was approved 7 -0. (I) Variance Request V03-027 - Permit for Second Wall Sign - 4488 South Cobb Drive- Kauffman Tire Company - Mr. Wright stated the applicant is seeking a variance to approve a second wall sign where only one is permitted in accordance with the City sign ordinance. Mr. Wright stated that staff does not recommend approval of the requested variance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka asked Mr. Manual to explain the need for the requested variance to those present. Mr. Manual stated KTC tries to select lots for buildings that are visible from two intersections. Mr. Manual stated the monument sign which is allowed by the City must be placed in the area of the adjacent parking spaces where it will have limited visibility. Mr. Manual stated KTC would be willing to give up its monument sign if a permit could be obtained for a sign facing East-West Connector. Council Member Lnenicka asked Mr. Miller to explain why staff does not recommend approval ofthe variance request to permit a second wall sign. Mr. Miller stated that during the process of revamping the sign ordinance, the consulting attorney advising the City on the revisions cautioned against the granting of variances for signs as such variances tend to create situations conducive to challenges to sign ordinances. Mr. Miller stated that since the new sign ordinance was adopted, staff does not recommend approval of sign variances. Mr. Miller stated the sign ordinance contains provisions for signs which are believed to be adequate for the purpose of advertising a business. Mr. Manual expressed concern that vehicles parked in the KTC parking lot will obscure the monument sign there. Mr. Manual complimented the City staff on the courteous and professional manner in which they attend to their duties. - September 2, 2003 15 - MOTION: Council Member Lnenicka made a motion to deny Variance Request V03-027 for a permit for second wall sign at 4488 South Cobb Drive for Kapffman Tire Company. The motion was seconded by Council Member Wood. Motion to deny the variance request was approved 7-0. FORMAL BUSINESS: (A) Approval ofa Resolution Regarding the Upcoming Public Vote on a Special Purpose Local Option Sales Tax Mr. Wright stated this resolution expresses support for the Special Purpose Local Option Sales Tax (SPLOST), the referendum for which will be held on September 16, 2003 for the benefit of schools in Cobb County. Council Member Wood read the Resolution Regarding the Upcoming Public Vote on a Special Purpose Local Option Sales Tax to those present. MOTION: Council Member Wood made a motion to approve the Resolution Regarding the Upcoming Public Vote on a Special Purpose Local Option Sales Tax. The motion was seconded by Council Member Cramer. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: (A) 3,743 s.f. Sun Trust Bank Building - 1760 East-West Connector, Highlands Shopping Center - Doug Sinclair ... Council Member Lnenicka stated the plans for the subject building including an exterior finished on four sides with brick. MOTION: Council Member Lnenicka made a motion to approve the commercial building permit for a 3,743 s.f. Sun Trust Bank Building at 1760 East-West Connector, Highlands Shopping Center for Doug Sinclair with an estimated construction cost of$550,000. The motion was seconded by Council Member Wood. Motion was approved 7 - O. CONSENT AGENDA: (A) Approval of the August 18,2003 Minutes. (B) Approval Adjustments to the FY2003 Budget A review of the financial statements at the end of the budget year has revealed that several adjustments are needed to more clearly reflect the City's financial condition. These adjustments are needed so that the annual financial statements will not show any unfavorable departmental variances for FY 2003. These adjustments reflect the correction of variances in some departments due to unforeseen expenditures including, but not limited to, higher utility costs, emergency repairs for streets, drainage and equipment, and un budgeted mandated projects. Approval of FY2003 budget adjustments is recommended by staff. .... September 2,2003 (C) 16 Approval of Street Closings for the Spice of Life Event on September 13, 2003 Requested street closings include West Spring Street (Market Village), Village Green Circle, King Street from Village Green Circle to Stephens Street and Bank Street from King Street to Village Walk. As vehicle traffic, parked vehicles and all other unauthorized vehicles must be clear of the event site prior to setup, Village Green Circle and the approach roads must be closed at 9:00 a.m. Friday, September 12, 2003 until 12:30 a.m. on Sunday, September 14, 2003, and all other streets must be closed from 4:00 a.m. on Saturday, September 13,2003 through 12:30 a.m. on Sunday, September 14, 2003. - (D) Bid Award for Final Phase Construction at Chuck Camp Park This is a community development block grant (CDBG) project. Three bids were received at the Bid Opening of August 20,2003. The low, qualified bid is from The Sports Turf Company of Whitesburg, Georgia. Sports Turf's base bid is $519,585. The City is accepting 3 of 6 alternates. The 3 selected include sports netting for two fields and batting cages. Sports Turf's alternates total $57,787. Base bids and selected alternates from Valley Crest Inc. totaled $632,230. Lewis Construction and Consulting Inc.'s base bid and alternates totaled $734,300. Sports Turf constructed Field #2 at Chuck Camp Park and coordinated that project professionally. Sports Turf has a positive reputation for field construction in the metro area. The Department and Altamira Design, responsible for contract supervision and specifications, are comfortable with the selection of Sports Turf as the City's contractor. Award of the bid to Sports Turf is recommended. (E) A ward of Bid # IFB 4-003 for Purchase of a Garbage Truck The only bidder was Nextran Truck Center of Kennesaw in the amount of$134,983.36. They submitted a base bid and an alternate. The alternate was to add an engine brake that was not specified. They contend that the engine brake was probably an oversight in the specifications so they gave pricing with and without. It is recommended that the bid be awarded to Nextran Truck Center. - MOTION: Council Member Cramer made a motion to approve the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 7 -0. COMMITTEE REPORTS: Council Member Wood yielded the floor with no report. Council Member Lnenicka yielded the floor with no report. Council Member Cramer yielded the floor with no report. Council Member Weeks yielded the floor with no report. Council Member Scoggins yielded the floor with no report. Council Member Newcomb yielded the floor with no report. Council Member Pritchett reported that the new ALDI store on Spring Road will be open for business on September 9. .- September 2, 2003 CITIZENS INPUT: 17 Mayor Bacon recognized Mr. Jimmy Flanagin, who expressed the view that the upcoming vote on the SPLOST measure is very important to the citizens of Cobb County. Mr. Flanagin stated that two more SPLOST measures, for greens pace and transportation, will be the subjects of local referendums in the near future. - ADJOURNMENT: With no further business, the meeting was adjourned at 11 :25 p.m. A. MAX BACON, MAYOR MELLENY PRITCHETT, WARD I ... D3 t!U 11-tJ~ CHARLES PETE WOOD, WARD 7 .. C\~ft&Y\, o. i-[c;ib-- SUSAN D. HIOTT, CITY CLERK () PAULA A. WEEKS, WARD 4 ~~ A RESOLUTION - REGARDING THE UPCOMING PUBLIC VOTE ON A SPECIAL PURPOSE LOCAL OPTION SALES TAX: WHEREAS, the Cobb County Board of Education and the Marietta Board of Education have called for a public referendum to be held on Tuesday, September 16,2003; and WHEREAS, voters in unincorporated Cobb County as well as in each of the six cities located in Cobb County will vote on this referendum, and WHEREAS, the purpose of the referendum is to decide whether to extend the current one percent sales tax for schools for another 60 months; and WHEREAS, the proceeds from this tax shall be used to improve schools throughout Cobb County, including those attended by children in each of the six cities; and WHEREAS, the long-term well-being of local schools is critical to the long-term well-being of each municipality; and WHEREAS, many families make their decision to remain in a city, or to move to a city, based on the quality of the local public schools available for their children; and AND FURTHER, - WHEREAS, property owners living in the six cities and in unincorporated Cobb County already bear the burden of property taxes collected by the Cobb County Board of Education or the Marietta Board of Education, the Cobb County Board of Commissioners, and the governing authority of the city; and WHEREAS, a sales tax is borne instead by all citizens and residents of Cobb County, including property owners and renters, as well as by visitors, shoppers, and travelers from outside of the County, and as such, relieves the burden on City property tax payers. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Smyrna does find that the extension of the Special Purpose Local Option Sales Tax (SPLOST) is in the overall best interests of the City, and does encourage all citizens to vote "yes" in support of the issue on Tuesday, September 16,2003. IN WITNESS THEREOF, this Resolution has been duly adopted by the governing authority of the City of Smyrna, Georgia on the 2nd day of September, 2003. /~ A. Max Bacon, Mayor , A1TEST~D. ~ Susan D. iott, City Clerk - Ordinance 2003-29 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 82 - SIGNS, BE AMENDED BY REVISING SECTIONS 82-15 (b) (1) b. AND 82-12 (7), PROVIDING SPECIFIC REGULATION FOR WALL SIGNAGE IN SHOPPING CENTERS, MEDICAL CENTERS AND INDUSTRIAL PARKS, AND MOBILE SIGNS MOUNTED ON VEHICLES BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Sections 82-15 (b) (1) b. and 82-12 (7) of the Code of Ordinances of the City of Smyrna, Georgia, be amended so that such sections shall read as follows: Sec. 82-15 Requirements for All Signs, subsection (b) (1) b., shall be amended to read as follows: "Individual signs qualifying as wall or fascia signs m,ay be permitted for individual businesses within the center. Square footage will be determined by the following formula: 1 square foot multiplied by the number of feet of building frontage the store occupies within the center. The total permitted area may be increased at a rate of 15% for every 50 feet of building setback from the right-of-way. In no instance shall the total sign area exceed 325 square feet." ... Sec. 82-12 Prohibited signs and sign devices, subsection (7), shall be amended to read as follows: "A mobile sign, which is a sign in excess of 2 square feet, attached to, mounted on, pasted on, painted or drawn on any trailer or motorized vehicle which remains upon the same property for a period of at least eight consecutive hours, or other non-motorized vehicle, that is placed, parked or maintained upon a single property for the purpose and intent of promotion, or conveying a commercial message, except that this shall not apply to any vehicle or trailer allowed by the Georgia Department of Transportation having the sign attached thereto as part of the operational structure' of the vehicle or trailer or any vehicle offered for sale or lease." All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date ofthis ordinance. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. - Ordinance 2003-29 - Approved by Mayor and Council this 2nd day of September, 2003. /~ Attest: A. Max Bacon, Mayor ,~ Su an D. Hiott, City Clerk City of Smyrna Approved as to form: - - 2