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07192004 July 19, 2004 Council Meeting July 19,2004 - 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, who was on vacation. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Fire Chief Jason Lanyon, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Human Resources Director Chris Corey, Community Development Director Chris Miller, and representatives of the press. Invocation was given by Reverend Tandra Jones from Shaw Temple A.M.E. Zion Church, followed by the pledge to the flag. AGENDA CHANGES: Council Member Newcomb asked that citizens try to limit their comments this evening because of the length of the agenda. CITIZENS INPUT: Mayor Bacon recognized Representative Rob Teilhet, and Representative Teilhet asked those present for their support of his bid for reelection. - Mayor Bacon recognized Mr. Gordon O'Neill, and Mr. O'Neill stated he is a candidate for Cobb County commission District 2. Mr. O'Neill asked those present for their support in the upcoming election. Mayor Bacon recognized Mr. Bill Adams, and Mr. Adams stated he is a candidate for the State senate District 6 post. Mr. Adams asked those present for their support in the upcoming election. Mayor Bacon recognized State Senator Ginger Collins, and Senator Collins asked those present for their support of her bid for reelection. MAYOR'S REPORT: Mayor Bacon had nothing to report. LAND ISSUES/ZONINGS/ ANNEXA TlONS: (A) Public Hearing - Rezoning Request Z04-0 13 - Inclusion of Additional Parcel - Overlook at Oakdale - The Columns Group - Mr. Wright stated the applicant is seeking approval to amend the approved development plan for the Overlook at Oakdale to include an additional parcel comprising approximately half an acre. Mr. Wright stated the rezoning was recommended for approval by the Planning and Zoning Board (PZB), and that staff recommends approval of the proposed rezoning with a number of conditions drawn from the original set of conditions prescribed for the Overlook at Oakdale development. July 19,2004 2 Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Garvis Sams, an attorney representing the applicant. Council Member Wood asked Mr. Sams if it is correct that this proposal calls for the addition of a half-acre parcel with no other changes from the plan originally approved, and Mr. Sams answered in the affirmative. Council Member Wood asked Mr. Sams to provide details to those present regarding the request under consideration. Mr. Sams stated that the applicant wishes to add another parcel to the development, and that all the terms and conditions agreed to under the original zoning will remain in effect. - (B) Rezoning and Annexation - 19.56 Acre Tract - 18th District; Land Lot 63, Parcels 9, 11, 12, 16, 23, 27 and 29; Land Lot 170; Parcels 9, 10 and 11 - Oakdale Road - Various Owners 1. Public Hearing - Rezoning Request Z04-006 - Cobb County R-20 to Smyrna RAD Conditional - Oakdale Road (18.43 Acres) - PC Homes, LLC 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 Wood recognized Mr. Garvis Sams, an attorney representing the applicant. Council Member Wood asked Mr. Sams to provide details to those present regarding the request under consideration. Mr. Sams recognized Messrs. Andy Chandler and Clay Kirkley (phonetic) from PC Homes (PC), Mr. Ken Wood, a consulting engineer, and Messrs. Steve Webb and William Jordan, both of whom assisted with the archaeological survey and preservation plan for the subject property. Council Member Wood asked Mr. Sams if it is correct that this proposal calls for a total of 58 single-family units, and Mr. Sams answered in the affirmative. Mr. Sams stated that PZB originally approved 64 homes, but that considerations of archaeological preservation necessitate a reduction to a total of 58 units at a density of 3.14 units per acre. Mr. Sams provided graphic representations of architectural styles and other information pertaining to the proposed development to the officials present. Mr. Sams stated the proposed density of 3.14 units per acre for this project is consistent with both the future land use plan for the subject area promulgated by Cobb County as well as other development nearby. Mr. Sams stated that the proposed plan is a synthesis of input from consultants and experts, the City's professional staff and area residents, and that he believes there is a high level of support for this proposal. Mr. Sams stated that both PZB and the City's staff recommend approval of this rezoning request. Mr. Sams stated extensive work has been performed in connection with the archaeological survey and preservation plan for the subject property, and that the applicant is committed to the preservation of American Civil War (ACW) era earthworks in the area. Mr. Sams stated he has sent a letter dated June 25 to the City expressing agreement with the stipulations for the rezoning compiled by the City staff. Mr. Sams provided details concerning the stipulations to those present. - Mayor Bacon recognized Ms. Ann Stephens, residing at 6013 Oakdale Road, and Ms. Stephens expressed appreciation to Mr. Webb, Council Member Wood and others for taking the time to visit the subject property to observe firsthand the areas of historical and natural significance there. Ms. Stephens commented favorably about R.S. Webb and Associates and the work they have done in connection with the archaeological survey and preservation plan for the subject area. Ms. Stephens expressed appreciation to various persons for the genuine interest they have shown in this property. - Mayor Bacon recognized Ms. Roberta Cook, residing at 5911 Graywood Circle, and Ms. Cook July 19.2004 3 - stated she is concerned about the possible impact on the environment and the historically significant areas in the subject area associated with the proposed development. Ms. Cook expressed appreciation to the City's staff and officials and others associated with this project for their efforts. Ms. Cook provided details regarding her concerns and suggestions to those present. Mayor Bacon recognized Ms. Mary Rose Barnes, and Ms. Barnes expressed opposition to the proposed site plan. Ms. Barnes provided details regarding her concerns to those present. Council Member Wood recognized Mr. Miller, and asked Mr. Miller to comment about the City's review procedures regarding storm water management and soil erosion control. Mr. Miller stated these matters are addressed during the plan review process, and that grading permits are not issued unless plans comport with City, State and Federal regulations. Mr. Miller stated that areas of historical significance will be protected by barriers before any grading begins. Mayor Bacon asked if the ACW earthworks to be preserved will be identified and open for public viewing, and Mr. Miller stated markers will be placed on these sites and that efforts will be made to make these locations accessible to the public. Council Member Smith asked Mr. Miller how many feet the side yard setback for property zoned R-20 is, and Mr. Miller stated he believes it is 15.' Council Member Smith asked Mr. Miller if additional space between the houses would provide greater protection from fire, and Mr. Miller stated he is not qualified to answer that question, and can only relate what is required by codes. At Council Member Wood's request, Mr. Miller read the stipulations for this rezoning request into the record as follows: 1. The development for 58 single-family residences will maintain the following setbacks: Front - 20', Side - 5', Street Side Yard - 20', Between Buildings - 10' and Rear - 10'. ... 2. Each residence will be a minimum of 2,400 square feet in area. Brick, stone, stucco or architectural shake shall be used on at least three sides of each building. All buildings which will be adjacent to Oakdale Road shall utilize four-sided brick elevations. No portion of any building shall utilize 100% horizontal siding. 3. All residences shall be provided with an enclosed garage parking space to accommodate two vehicles. 4. The developer shall install a deceleration lane at the entrance for the subdivision. The deceleration lane shall have a minimum length of 150' with a 50' taper. The right-of-way associated with Turner Road shall be abandoned by the City after the annexation/rezoning is approved. 5. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to Oakdale Road consistent with City requirements. 6. The developer shall donate and convey additional right-of-way on Oakdale Road such that a minimum 50' right-of-way width can be achieved as measured from the centerline. 7. There shall be protective covenants on all lots and there shall be a mandatory homeowners association for the development for maintenance of any common areas. A copy of the recorded covenants shall be supplied to the City prior to the issuance of any certificate of occupancy. ... July 19.2004 4 8. 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. - 9. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. 10. All utilities within the development shall be underground. 11. A strip of brick pavers or stamped concrete shall be installed on the street entrances from Oakdale Road for a minimum distance of 20 feet. 12. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 13. The protective covenants will require all non-resident property owners to keep the Homeowners Association advised of the current address and phone numbers where they can be reached. The HOA documents shall prohibit the use of any unit in the development for rental purposes. 14. There shall be a landscaped front entrance, with monument, indicating the name of the development. 15. No debris may be buried on any lot or common area. 16. 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". - 17. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 18. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. All plans must conform to the requirements of the City's Tree Protection Ordinance. 19. Developer shall install a 6' masonry wall, wrought iron fence, or a combination of both along Oakdale Road for the limits of the development. The frontage along Oakdale Road shall also incorporate a 20' wide undisturbed landscape buffer (except for the development entrance and sidewalk) with one tree every 45'. The developer shall be responsible for constructing an entry sign for the community. 20. The developer shall construct the subdivision in accord with the recommendations detailed in R.S. Webb and Associates report dated June 11, 2004 (with the exceptions noted in Condition #21). 21. The preserved areas depicted on the site plan and the common areas on the current site plan shall be re-designated as a City parks and thus protected from development. Access to these areas will need to be precluded with the use of chain link fencing before any land disturbance permit is issued. - July 19.2004 5 22. Prior to the issuance of any land disturbance permits, the developer shall work with the City to provide public access to the Civil War features contained in the preserved areas and the common areas. Markers identifying the significance of each of these features shall be placed at each location by the developer. Finally, in keeping with the historic nature of the area, the developer shall work with the Community Development staff to develop street names, street signs and a subdivision logo. ... If for any reason, development and use of property approved in accordance with the procedure outlined above cannot be accomplished, such plans shall not be altered, changed, or varied, except after approval by the mayor and council. When conditional zoning has been granted, but no affirmative action to perform said conditions, or to obtain a building permit subject to such conditions [has been taken], and such status continues for 12 months after mayor and council approval of such conditional zoning, the property shall revert to its original status prior to such conditional zoning. ... Council Member Newcomb asked Mr. Miller how access to historical sites can be provided if such sites are on private property, and Mr. Miller stated the historical sites will not be on private property. Council Member Newcomb stated lots 8, 9 and 10 appear to be in the 50' creek buffer, and asked Mr. Miller if houses can be built on these lots. Mr. Miller stated this issue will be addressed in the building permit process, and that construction on these lots may not prove to be feasible. Mr. Miller stated the site plan does not constitute approval of homes on those lots. Council Member Newcomb asked Mr. Miller what steps can be taken to mitigate any unfavorable environmental impact of development on the subject property. Mr. Miller stated that each lot can be examined during the plan review process in order to preserve various features as much as possible. Mr. Miller stated City staff members work closely with the Cobb County Soil and Erosion Control Board to review development sites. Council Member Smith asked Mr. Sams if the developer might consider increasing side yard setbacks from 5' to 10' as a safety precaution, and Mr. Sams stated that various environmental conservation and historical preservation measures which will be taken at the subject property make placement of the houses difficult. Mr. Sams pointed out that the proposed houses will be constructed of fire-resistant materials, and will not feature any vinyl siding. Mr. Sams stated local fire safety officials have been consulted to help make certain that any walls built within certain proximity to other walls are constructed of suitable materials. Mr. Sams stated that efforts will be made to increase setbacks where practicable, but that the purpose of the RAD zoning classification is to allow some flexibility in regard to setbacks. Council Member Smith stated he has concerns about spacing between houses that have been prompted by recent structure fire incidents in Villa Rica and Forsyth County. Mayor Bacon pointed out that the City's plan review process is comprehensive, and that the City's leadership goes to great lengths to accommodate considerations of conservation and safety. Mayor Bacon stated he believes that the jurisdictions in which the structure fire incidents alluded to during this meeting occurred do not have development standards that can be compared to those found in the City of Smyrna. Mayor Bacon stated he would not favorably consider this development if the plans for it included use of vinyl siding. Mayor Bacon stated that the City's fire and emergency services have a record of fast response times, and that an examination of the fire incidents in other localities which have been discussed at this meeting would probably reveal that these other jurisdictions cannot respond to emergencies as quickly as Smyrna can. Mayor Bacon expressed the view that building materials are a key point in matters of safety. .... July 19.2004 6 2. Approval of Annexation Request (100% of property owners requesting annexation) - 19.56 Acre Tract - 18th District; Land Lot 63, Parcels 9, 11, 12, 16, 23,27 and 29; Land Lot 170; Parcels 9, 10 and 11 - Oakda1e Road - Various Owners - Council Member Wood stated this annexation will include the additional parcel which The Columns Group requested rezoning for in agenda item 5 A (Rezoning Request Z04-013- Inclusion of Additional Parcel - Overlook at Oakdale - The Columns Group). MOTION: Council Member Wood made a motion to approve the annexation request for a 19.56 acre tract in the 18th District, 2nd Section; Land Lot 63, Parcels 9, 11, 12, 16,23,27 and 29; Land Lot 170; Parcels 9, 10 and 11 in the area of Oakdale Road by various owners to become a part on Ward 7 of the City with an effective date of August 1, 2004. The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O. 3. Final Vote - Rezoning Request Z04-006 - Cobb County R-20 to Smyrna RAD Conditional - Oakdale Road (18.43 Acres) - PC Homes, LLC MOTION: Council Member Wood made a motion to approve Rezoning Request Z04-013 for inclusion of an additional parcel at Overlook at Oakdale for The Columns Group. The motion was seconded by Council Member Lnenicka. Council Member Smith asked Chief Lanyon if an additional 10' of space between structures at the subject location would result in safer conditions for responding firefighters in the event of a fire there, and Chief Lanyon answered in the affirmative. Mayor Bacon asked Chief Lanyon if the City fire department staff has encountered problems with fires spreading from one house to another, and Chief Lanyon said no. Council Member Smith stated he supports environmental conservation and preservation of historical sites, but that he values the safety of firefighers more. Motion was approved 5 - 1, with Council Member Smith in opposition. - MOTION: Council Member Wood made a motion to approve Rezoning Request Request Z04- 006 from Cobb County R-20 to Smyrna RAD Conditional at Oakdale Road for PC Homes, LLC to include the stipulations read into the record by Mr. Miller. The motion was seconded by Council Member Lnenicka. Motion was approved 5 - 1, with Council Member Smith in opposition. (C) Public Hearing - Variance Request V04-022 - Oversized Wall Sign - 3307 South Cobb Drive - Regal Auto Wash Mr. Wright stated the applicant is seeking a variance to approve an oversized wall sign approximately 46 square feet in size exceeding the 40 square feet permitted by City ordinances. Mr. Wright stated staff does not recommend approval of this variance. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member McNabb recognized Mr. Feroz Fatehali, representing Regal Auto Wash (RW), and asked Mr. Fatehali to summarize for those present the agreement proposed during a recent discussion regarding the signs at the subject location. Mr. Fatehali stated all the signs at the rear and side of the subject building will be removed, six signs at the front of the building enscribed with price information will be relocated to the side of the building, and one sign featuring the name of the business will be placed on the building. - Julv 19.2004 7 MOTION: Council Member McNabb made a motion to approve Variance Request V04-022 for an oversized wall sign at 3307 South Cobb Drive for Regal Auto Wash. The motion was seconded by Council Member Scoggins. Motion was approved 6 - O. - (D) Public Hearing - Variance Request V04-021 - Additional Wall Sign - 3307 South Cobb Drive - Regal Auto Wash Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member McNabb made a motion to deny Variance Request V04-021 for an additional wall sign at 3307 South Cobb Drive for Regal Auto Wash because it is no longer necessary nor requested. The motion was seconded by Council Member Wood. Motion was approved 6 - O. (E) Public Hearing - Rezoning Request Z04-019 - R-15 to RAD Conditional- Reed Road and Gann Road - Development Partners, LLC Mr. Wright stated the applicant is seeking approval to construct a new single family subdivision at the northwest corner of Reed and Gann Roads consisting of 15 units at a density of 2.77 dwelling units per acre. Mr. Wright stated the rezoning was recommended for approval by PZB and that staff recommends approval of the proposed rezoning with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. - Council Member Wood recognized Mr. Jeff Freeman, and asked Mr. Freeman to provide details concerning the proposed project to those present. Mr. Freeman stated the proposed 15 houses will be in the $400,000 to $500,000 price range. Mr. Freeman stated the houses will feature four or five bedrooms with several bathrooms. Mr. Freeman stated he has met with most of the property owners in the surrounding area, and that he believes there is a high level of support for this proposal. Mr. Freeman stated the applicant is agreeable to the stipulations formulated by the City staff. Council Member Smith asked Mr. Freeman if he would be willing to change the side setbacks to 10.' Mr. Freeman stated RAD Conditional zoning has certain advantages, and that some problems with structure fires experienced in other jurisdictions seem to be connected with local emergency response times. Mr. Freeman stated the houses proposed for the subject property will be built of fire-resistant materials. Council Member McNabb asked Mr. Freeman if the applicant would be agreeable to a stipulation granting right-of-way to the City for equipment access to the proposed retention pond on lot #5, and Mr. Freeman answered in the affirmative. Mayor Bacon recognized Ms. Alana Blake Lawlor, residing at 3991 Gann Road, and Ms. Lawlor stated she is present to represent a number of people in her neighborhood. Ms. Lawlor stated the residents of the affected area would like a guarantee that there will be absolutely no additional run-off water generated there. Ms. Lawlor stated the drains on Gann Road are not maintained by the City on a regular basis. Ms. Lawlor expressed concern about the negative impact of additional water run-off which could be generated by the proposed development. Ms. Lawlor expressed concern about the volume of trash which currently accumulates in the subject area. Ms. Lawlor stated she is concerned that additional development could result in more litter and trash in the area of her neighborhood. Ms. Lawlor expressed concern about possible increases in vehicular traffic on the roads in her neighborhood which could be another possible result of the proposed development. - July 19.2004 8 Mayor Bacon recognized Mr. George Okunje (phonetic), residing in Hidden Falls, and Mr. Okunje stated he is representing some of the homeowners in his neighborhood. At Mr. Okunje's request, Mr. Freeman provided details regarding the buffer planned for the area between the new development and Hidden Falls to those present. -- Council Member Wood recognized Mr. Miller, and Mr. Miller stated that both standard conditions and special conditions specific to the proposed development will be applicable. Mr. Miller stated that setbacks, front 20,' rear 30,' side 5,' between houses 10' and external buffer 20' undisturbed, are set forth in special stipulation #18. Mr. Miller read special stipulation #19 as follows: The developer shall install a 6' tall wood privacy fence between the subject parcel and the rear of the lots located at 4044 Gann Road, 981 and 993 Reed Road in addition to the Hidden Falls subdivision. This fence shall be similar to the fence utilized by the Old Vinings Mill subdivision on Cooper Lake Road. Mr. Miller stated that special stipulation #20, which will require an easement granted in favor of the City, will also be a condition of this rezoning. Mr. Miller stated it has not been determined whether or not the City will maintain the detention facility on the subject property, but that the City will be granted access to it should the need arise. MOTION: Council Member Wood made a motion to approve Rezoning Request Z04-019 from R-15 to RAD Conditional at Reed Road and Gann Road for Development Partners, LLC subject to the standard stipulations and special stipulations #18 through #20 as enumerated by Mr. Miller. The motion was seconded by Council Member Lnenicka. Council Member Lnenicka stated he will support this motion on the basis of reliability demonstrated by Mr. Freeman on previous projects. Motion was approved 5 - 1, with Council Member Smith in opposition. - (F) Public Hearing - Rezoning Request Z04-01O - R-20 to General Commercial - Conditional- Oakdale Road near Highlands Parkway - Wendell Fowler Mr. Wright stated the applicant is seeking approval to construct a new commercial building with approximately 10,000 s.f. in area along Oakdale Road near the intersection of Oakdale Road and Highlands Parkway. Mr. Wright stated the rezoning was recommended for approval by the PZB and staff with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Garvis Sams, an attorney representing the applicant. Mr. Sams stated the proposed building will be used for a plumbing service business, a contractor's office and possibly retail establishments as well. Mr. Sams provided copies of a graphic representation of the proposed structure to the officials present. Mr. Sams stated the subject property is contiguous to another tract which was rezoned to GC earlier this year. Mr. Sams stated the applicant is agreeable to the stipulations for this rezoning formulated by the City's staff. Council Member Wood stated the stipulations for this rezoning include the standard conditions plus six special conditions specific to this rezoning numbered 8 - 13. Council Member Wood asked Mr. Miller to provide details of the special conditions to those present. Mr. Miller read the conditions into the record as follows: -- July 19.2004 9 8. The applicant shall work with the property owner of the proposed development to the north to create inter-parcel access between the two sites. The applicant shall provide verification to City staff regarding this request and keep staff updated as to the progress of these discussions prior to the public hearing. Access onto Oakdale Court shall only be permitted if the requested inter-parcel access can not be achieved. ... 9. The site plan shall be revised such that the building and smaller landscape strip shall be located along the northern property boundary. This will help to place the largest amount of landscaping along the southern boundary. 10. The parking lot shall provide landscape islands after every tenth parking space, the design of which must be approved by the City of Smyrna. A landscape strip shall also be provided between all head-to-head parking spaces (i.e. the row parallel to Highlands Parkway). II. The building shall be designed with four-sided brick or stucco elevations and match the renderings provided with the rezoning package. 12. Any proposed dumpsters shall be surrounded by a three-sided brick or stucco enclosure with an opaque gate in the front. 13. The proposed uses shall be limited to a plumbing service business, contractors' office and other associated retail components. All other uses permitted under the GC Zoning District shall be prohibited. - Council Member Newcomb asked Mr. Miller if the proposed rezoning will have an affect on nearby residential property. Mr. Miller stated that some landscaping will be installed when the new structure is built. Mr. Miller stated that there may be some short-term impact on nearby residential areas, but the long-term trend for the subject vicinity is toward commercial uses. MOTION: Council Member Wood made a motion to approve Rezoning Request Z04-010 from R-20 to General Commercial - Conditional on Oakdale Road near Highlands Parkway for Wendell Fowler subject to the standard conditions and six special conditions numbered 8 - 13 read into the record by Mr. Miller. The motion was seconded by Council Member Smith. Motion was approved 6 - O. (G) Public Hearing - Rezoning Request Z04-0 18 - R-15 to RAD Conditional - 4420 North Cooper Lake Road - Development Partners, LLC Mr. Wright stated the applicant wishes to build a 14-unit single-family subdivision on 5.6 acres at a density of2.5 dwelling units per acre. Mr. Wright stated the subject property was previously used for a church. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least two persons by Mr. Cochran. - Council Member Wood recognized Mr. Jeff Freeman, and asked Mr. Freeman to explain to those present what plans are proposed for the subject property which will require rezoning. Mr. Freeman stated the subject tract is near the Silver Comet Trail, and that public access to the trail will remain open. Mr. Freeman stated he has talked to numerous residents of the subject area, and that they seem to be glad that residential housing will be replacing the unoccupied structure July 19, 2004 10 which currently exists there. Council Member Wood asked Mr. Freeman what the size and selling price of the new houses will be, and Mr. Freeman stated the prices will range from around $400,000 to $500,000 and they will be built for use by families. Council Member Smith asked Mr. Freeman if he has considered designing this subdivision using the existing zoning. Mr. Freeman stated using the existing zoning would probably result in more land disturbance. Mr. Freeman stated the proposed density is less than what it would be under R-15 guidelines. Mr. Freeman stated using RAD Conditional zoning will make it possible to preserve more land while maintaining the desired density. Mr. Freeman stated an advantage of RAD zoning is the flexibility it provides in regard to lot sizes. Council Member Smith asked Mr. Freeman ifhe is seeking the rezoning because of the topography, and Mr. Freeman stated he is requesting rezoning to help minimize the impact on a nearby stream and other natural features. Council Member Smith asked Mr. Freeman if he would consider using 10' setbacks, and Mr. Freeman stated using larger setbacks will not be feasible. - Mayor Bacon recognized Ms. Cheryl Carson, residing at 4701 Derby Lane, and Ms. Carson stated she wishes to express concerns that she and some of her neighbors have regarding the proposed development. Ms. Carson stated she is concerned about the lot sizes proposed for the development. Mrs. Carson stated she believes some erosion problems currently exist on the subject property near the trail, and expressed a wish to learn more about grading plans for the tract. Ms. Carson stated that she and some other people have been using the parking lot at the church to leave their vehicles when using the Silver Comet Trail (SCT), and asked if there will be some arrangements made to provide parking at that location for trail users. Ms. Carson stated the area near the entrance to the SCT is covered with weeds and other unmanaged plant growth, and asked what part of this area the developer may be responsible for maintaining. Mr. Freeman stated the trail access easement is actually part of the subject property, and will be maintained by the homeowners association (HOA) for the subdivision. Mr. Freeman expressed the view that Ms. Carson's residence is within walking distance of the SCT. Mr. Freeman stated the subject property is somewhat flat, and that the proposed site plan is designed to be compatible with the topography there. Mr. Freeman stated the lot sizes for the proposed development will vary from a quarter acre to one acre. Mr. Freeman stated the entire tract will be developed with no dedicated space. - Council Member Wood stated that the standard conditions will apply to the rezoning, as well as special conditions #18 and #19. (Clerk's Note: The special conditions are appended hereto as addendum "A") MOTION: Council Member Wood made a motion to approve Rezoning Request Z04-018 from R-15 to RAD Conditional at 4420 North Cooper Lake Road for Development Partners, LLC subject to the standard conditions and two special conditions formulated by the City staff. The motion was seconded by Council Member Lnenicka. Motion was approved 5 - I, with Council Member Smith in opposition. (H) Public Hearing - Rezoning Request Z04-0 17 - R-15 to RAD Conditional - Bank Street and Guthrie Street - Pritchard Brothers, Inc. Mr. Wright stated the applicant is requesting approval to build a five-unit single family subdivision on 1.7 acres at a density of2.9 units per acre. Approval of the rezoning has been recommended by PZB and the City staff with a number of conditions. - Julv 19.2004 11 Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to at least two persons by Mr. Cochran. - Council Member Scoggins recognized Mr. Frank Pritchard, and asked Mr. Pritchard to explain to those present what plans are proposed for the subject property which will require rezoning. Mr. Pritchard stated rezoning is requested for the subject tract in order to incorporate it into Parkview Village subdivision. Mr. Pritchard stated that efforts will be made to preserve trees on the subject property. Mr. Pritchard stated Pritchard Bothers, Inc. (PB) meet or exceed the requirements of the City's tree ordinance on this project and others, and that considerable time and money is expended to make sure measures are taken to protect trees. Mr. Pritchard stated an archaeological survey has been conducted at the subject location, and that the survey indicates the site has no particular historical significance. Mr. Pritchard stated an alternative creek buffer has been formulated for the subject property, and that landscaping planned for the property will be maintained by the HOA. Council Member Smith asked Mr. Pritchard what zoning was in effect for lot #4 when work began on the foundation there, and Mr. Pritchard stated it is zoned R-15. Mr. Pritchard stated there will be more than 15' between the planned houses. Council Member Smith asked Mr. Pritchard if a building permit was issued for this construction, and Mr. Pritchard answered in the affirmative. Mr. Miller stated a staff member of the City community development department inadvertently issued a building permit last week for lot #4, but because no site plan was approved, a stop work order was subsequently issued. Council Member Scoggins asked Mr. Pritchard if the proposed houses will have a selling price of around $470,000, and Mr. Pritchard answered in the affirmative. Mr. Pritchard stated the houses he has built in the subject area have an average price of around $497,000. ... Mayor Bacon recognized Mr. Anthony Twiggs, residing at 1210 Hillsdale Street, and Mr. Twiggs commented favorably about the houses built in the subject area by PB. Mr. Twiggs stated he supports Mr. Pritchard's proposal, and commended the City's elected officials for their efforts to improve the community. Council Member Scoggins asked Mr. Pritchard if he is agreeable to the standard conditions and the two special conditions numbered 13 and 14 for the rezoning, and Mr. Pritchard answered in the affirmative. (Clerk's Note: The special conditions are appended hereto as addendum "B") MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z04-017 from R-15 to RAD Conditional at Bank Street and Guthrie Street for Pritchard Brothers, Inc. to include the standard conditions and two special conditions. The motion was seconded by Council Member McNabb. The motion was approved 6 - O. (I) Public Hearing - Rezoning Request Z04-014 - R-15 to RAD Conditional- Roswell Street - Hatcher Homes Mr. Wright stated the applicant is requesting approval to build a four-unit subdivision of single- family dwellings on 1.37 acres near Roswell Street at a density of 2.9 units per acre. Mr. Wright stated PZB and staff recommend approval of the rezoning with a number of conditions. 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. Ed Hatcher and asked Mr. Hatcher to explain to those present what plans are proposed for the subject property which will require rezoning. Mr. Hatcher stated he is seeki~g RAD Conditional zoning for the subject tract in order to build four Julv 19,2004 12 single-family residences there similar to the ones he has built in other areas of the City. Mr. Hatcher stated the four proposed homes will share one common driveway and will have garages in the rear of the structures. Mr. Hatcher stated the smallest home will be about 2,200 sJ in size, and that he has had preliminary inquiries from at least one potential purchaser who has expressed interest in a somewhat larger dwelling. Mr. Hatcher stated the selling price of the proposed houses will be somewhere in the $300,000 range. Mr. Hatcher stated it is proposed to place these houses relatively close to the street in order to create the pedestrian-friendly environment he tries to incorporate into the communities he builds. Council Member Smith asked what the front yard setback is on the existing houses in the subject vicinity, and Mr. Hatcher stated they are 35' on a typical zoning. Council Member Smith stated he is thinking in terms of setbacks for the new structures which would be consistent with those of existing homes in that area. Council Member Smith asked what the typical side yard setback is for existing homes in the subject area, and Mr. Hatcher stated he does not know. - Mayor Bacon recognized Ms. K. C. Clavin, residing at 1480 Roswell Street, and Ms. Calvin expressed concerns about trees in the subject area and the proposed setbacks. Ms. Clavin provided examples of existing setbacks in the subject area and other information regarding her concerns to those present. Ms. Clavin asked the present officials to require a 30' setback for the proposed houses. Mayor Bacon recognized Mr. Price Futrell, residing at 3427 Bell Ridge Drive, and Mr. Futrell expressed support for Mr. Hatcher's proposal. Mayor Bacon recognized Ms. Christie Rogers, residing at 2620 Highland A venue, and Ms. Rogers expressed concern about the proposed setbacks. Ms. Rogers stated that motorists drive at high speed in the subject area, and that longer setbacks for the proposed houses would be in everyone's best interests. - Mayor Bacon recognized Mr. Frank Crane, residing at 1501 Roswell Street, and Mr. Crane expressed support for Mr. Hatcher's proposal. Mr. Hatcher expressed willingness to extend the front yard setbacks on three of the lots to 20' and on one of the lots to 25.' Council Member Scoggins asked Mr. Miller to clarify the special conditions for the record. Mr. Miller stated that the front yard setbacks for lots 13, 14 and 15 will be 20,' and 25' for lot # 16. Mr. Miller stated other special conditions pertaining to setbacks as well as standard conditions will apply to the zoning. (Clerk's Note: Other special conditions are appended hereto as addendum "C") Council Member Scoggins asked Mr. Hatcher if these conditions are acceptable, and Mr. Hatcher answered in the affirmative. Mayor Bacon recognized Ms. K. C. Clavin, residing at 1480 Roswell Street, and Ms. Clavin asked which house built by Mr. Hatcher to date on Roswell Street is closest to the street, and Mr. Hatcher stated the one built near Mr. Davis' house is at 15.' Council Member Newcomb asked Mr. Miller why front yard setbacks of 30' were originally recommended by staff for the proposed development, and Mr. Miller stated that initially 30' did not seem out of character for the subject area. Mr. Miller stated that when a taller structure is built on a lot, making the setback longer can result in a better line of sight in the area in which the - July 19.2004 13 .. structure is situated. Mr. Miller stated that some of the initial recommended specifications for the proposed development were based on input from PZB and citizens. Council Member Newcomb asked Mr. Hatcher what would happen if a front yard setback of 30' were to be required, and Mr. Hatcher stated he is trying to create a pedestrian-friendly development with a sense of security. MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z04-014 from R-15 to RAD Conditional at 1549 and 1559 Roswell Street for Hatcher Homes subject to the special conditions requiring front yard setbacks for lots 13, 14 and 15 to be 20,' and 25' for lot # 16, as well as other specified conditions. The motion was seconded by Council Member Wood. Motion was approved 5 -1, with Council Member Smith in opposition. (1) Public Hearing - Rezoning Request Z04-016 - R-15 to RAD Conditional- King Springs Road - Belmont Development, LLC Mr. Wright stated this development proposal is for construction of eleven single-family homes on 3.6 acres adjacent to King Springs Road at a density of 3.02 units per acre. Mr. Wright stated the subject property currently contains three residences. 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 McNabb recognized Mr. Ed Hatcher, and asked Mr. Hatcher to provide an overview of his plans for the subject tract on King Springs Road. Mr. Hatcher stated three tracts have been assembled for this proposed development. Mr. Hatcher stated he has met with numerous people in the affected area, including at least one member of the Forest Hills HOA. Mr. Hatcher stated that the original plan calling for an access road was replaced with a plan for individual driveways connecting to King Springs Road. Mr. Hatcher stated this alternative will also allow more trees to be protected. Council Member McNabb asked Mr. Hatcher to consider a special stipulation in lieu of stipulation #3 as follows: All earthen berm and the floor of the retention pond shall be planted with landscape-quality grass and water-tolerant trees and shrubs. If any concrete retaining walls are required, they will be faced with either brick or architectural stone. Council Member McNabb asked Mr. Hatcher if the 10' side setbacks specified are measured from the property line or between buildings, and Mr. Hatcher stated it is 10' between buildings. Council Member McNabb asked Mr. Hatcher if the side setbacks will need to be larger than 10' in order to accommodate driveways, and Mr. Hatcher stated the side setback would be on the exterior of the property. Mr. Hatcher stated that a surveyor will stake out each building on the lot before any footings are built. Mayor Bacon asked Mr. Hatcher if the subdivision will be constructed so as to not generate any additional storm water runoff. Mr. Hatcher stated the site plan will be engineered to retain an amount of water ten percent greater than the current storm water runoff. Mayor Bacon recognized Mr. Charles McLendon (phonetic), residing at 1041 McLinden Avenue, and Mr. McLendon expressed concern about construction traffic on King Springs Road blocking the right-of-way (ROW). Mayor Bacon asked Mr. Hatcher if he would consider a stipulation disallowing construction vehicles associated with this development from parking on King Springs Road. Mr. Hatcher stated that signs indicating no parking zones can be erected, but a parking restriction would be difficult to enforce without a great deal of police coverage. Mr. Hatcher - July 19,2004 14 stated he would agree to the stipulation, but cannot guarantee there would be no parking violations. Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr. Martin asked Mr. Hatcher if he canvassed the Forest Hills subdivision. Mr. Hatcher stated the canvassing was done along King Springs Road. Mr. Martin stated a traffic problem exists on Lee Street because of through traffic from South Cobb Drive to Atlanta Road. Mr. Martin stated the retention pond for the proposed development will be built near a natural spring, and asked Mr. Hatcher if the retention pond will empty into a nearby creek. Mr. Martin asked Mr. Hatcher how the proposed development will impact on Lee Street and the surrounding area. Mr. Martin asked Mr. Hatcher to provide details regarding installation of sewer lines to the proposed structures. Mr. Martin expressed concerns about construction traffic in the affected area. Mr. Martin asked Mr. Hatcher how the proposed development will impact on water and sewer service in the subject area. Mr. Martin stated he is opposed to the proposed development. Mr. Hatcher stated three houses at the subject location currently have sewer service connections, so there will be a net gain of eight users. Mr. Hatcher stated that, under current zoning, the subject property could be developed with ten units without any need to consult with City authorities. Mayor Bacon asked Mr. Miller if the sewer service at the subject location would have any impact on Lee Street and Forest Drive, and Mr. Miller stated he is not certain. - Mayor Bacon recognized Mr. Chad Melton, residing at 3166 Dunn Street, and Mr. Melton stated PZB did recommend that Mr. Hatcher build ten houses on the subject property. Mr. Melton stated that the alternative plan for the subject property, which brings the houses closer to the street, will actually destroy a number of large trees. Mr. Melton stated he would like to know how water runoff will be reduced when more impervious surfaces will be put in place. Mr. Melton stated he does not understand why the creek will be used for water runoff when water is not allowed out of the detention pond. Mr. Melton stated he would like to know what type of countermeasures to traffic might be placed in the subject area. Mr. Melton expressed concern about water pressure problems in the subject area. Mayor Bacon asked Mr. Melton if he believes the hydrology study should be conducted after the development is completed, and Mr. Melton answered in the affirmative. Mr. Hatcher stated the square footage of the driveways and roofs of each structure in a development is taken into account when the hydrology study is conducted. Mr. Hatcher stated the site plan is designed to make the release of water slower than it would be if it were undeveloped. Mr. Hatcher stated that creeks originate from storm water runoff, and that nothing will be introduced into the creek that would not normally go there. - Mayor Bacon recognized Mr. Joseph Marcoux, residing 3324 Dunn Street, and Mr. Marcoux expressed concern about water runoff in the subject area. Mr. Marcoux stated the existing zoning for the subject property should not be changed because a change could lead to more redevelopment on a large scale in this area. Mr. Marcoux expressed concern about increased traffic in the subject area. Mayor Bacon recognized Mr. Tom White, residing at 3202 Dunn Street, and Mr. White expressed support for Mr. Hatcher and the proposal under consideration. Mr. White stated he would like the community to become more pedestrian oriented with more sidewalks. Mayor Bacon recognized Mr. Jason Scheidt, residing at 8245 Dunn Street, and Mr. Scheidt expressed support for Mr. Hatcher and the proposal under consideration. Mr. Scheidt stated that Mr. Hatcher understands pedestrian-friendly urban design, and that he builds communities, not just houses. - Julv 19.2004 15 ... Mayor Bacon recognized Mr. Pat Terry, residing at 3305 Dunn Street, and Mr. Terry expressed concern about the possible impact on water runoff in the subject area that could result from the proposed development. Mr. Terry stated that if sufficient storm water management measures can be emplaced in the proposed development, then he may be a degree less concerned about it being built. Mr. Terry urged the present officials to make certain the matter of water runoff on the subject property is addressed. Mayor Bacon recognized Mr. Andy Ford and Mrs. Anita Ford, residing at 1130 Medlin Street, and Mr. Ford expressed approval of Mr. Hatcher's developments in the City. Mrs. Ford stated she has not observed any traffic problems in the subject area, and that she believes the sidewalks proposed for that location would be a beneficial improvement. Mayor Bacon recognized Mr. David McIntosh, residing in West Cobb, and Mr. McIntosh stated he believes Mr. Hatcher will build a quality development in the subject area. - Council Member McNabb asked Mr. Miller if he knows where the spring near the subject property originates, and if he has any concerns about the possible impact of construction activity on the flow of the spring the feeds Pretty Branch Creek. Mr. Miller stated those questions will have to be directed to the City Engineer. Council Member McNabb asked Mr. Miller if the City can require the developer of the subject property to enhance the storm water management measures on the subject property at some point in the future if the initially constructed detention facilities prove to be inadequate. Mr. Miller stated he believes it depends on how quickly it is determined that planned water detention facilities are insufficient. Mr. Miller stated that a question of this type could be addressed during construction, or before the release of the bond for the subdivision. Council Member McNabb asked Mr. Miller if would be possible to divert storm water runoff from the subject property into some other drainage path. Mr. Miller stated it is possible to try to address this issue during the plan review process. Mr. Miller stated the rezoning could include a condition requiring the developer to take steps to try to divert storm water runoff somewhere else, but he is not certain there is another location this water can be diverted to. Council Member McNabb stated he believes the City's policies regarding water runoff in areas close to a watershed, or other areas sensitive to runoff, should be reexamined for possible changes in rates of retention to hold water longer and allow it to drain off more slowly. Council Member McNabb asked Mr. Hatcher if he would be agreeable to constructing storm water management facilities with a higher retention capacity on the subject property if analysis reveals that such enhanced measures are appropriate, and Mr. Hatcher answered in the affirmative. Council Member McNabb asked Mr. Hatcher if forfeiture of a home site in order to accommodate larger capacity storm water management facilities would be problematic, and Mr. Hatcher answered in the affirmative. Mr. Hatcher stated the preliminary plan for this development called for construction of more than eleven houses, and that subsequent changes have already reduced the unit yield from the number originally planned. Mr. Hatcher stated there are numerous ways to manage storm water runoff, including construction of underground pipes. Council Member McNabb stated the issue under consideration is a pristine creek in a mature neighborhood which for many years has defined the quality of life and property values of the residents there. Council Member McNabb stated he wants to be certain that nothing is done to disturb the nature or quality of that creek. MOTION: Council Member McNabb made a motion to table Rezoning Request 204-016 from R-15 to RAD Conditional on King Springs Road for Belmont Development, LLC until the August 2,2004 council meeting. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. ... July 19.2004 16 (K) Public Hearing - Special Land Use Permit Request Z03-16 - Approval of Extension of Permit for Temporary Building - 3016 Atlanta Road - Community Bank of the South Mr. Wright stated Community Bank of the South has constructed a temporary modular building behind the bank to accommodate its expanding office needs while a new facility is being built. Mr. Wright stated the original permit was approved on August 4, 2003. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member McNabb stated that consultation with City fire safety authorities has revealed there are no fire safety issues associated with extension of this special land use permit. MOTION: Council Member McNabb made a motion to approve extension of the permit for a temporary building, Special Land Use Permit Request Z03-16, for Community Bank of the South at 3016 Atlanta Road through December 31, 2005. The motion was seconded by Council Member Scoggins. Motion was approved 6 - O. PRIVILEGE LICENSES: There were none. FORMAL BUSINESS: (A) Authorization for the Mayor to Sign an Intergovernmental Agreement establishing a Land Use Dispute Resolution Process Mayor Bacon expressed appreciation to Council Member Wood for the time and effort he has put into attempts to try to resolve various service delivery issues with Cobb County. Mayor Bacon stated the County's proposed settlement for tax equity is a $2,500,000 refund to the cities per year for ten years beginning in 2005. Mayor Bacon stated this refund will be accomplished through a millage rate reduction. - Mr. Wright stated HB 489 requires local governments to develop a process for resolving disputes pertaining to land use and zoning matters. Mr. Wright stated the proposed agreement is similar to the one in force at the time the service delivery strategy was established in Cobb County in 1999. Mr. Wright stated that under the provisions of the agreement the County cannot dispute City rezonings with residential densities of five units per acre or less. MOTION: Council Member Wood made a motion to approve authorization for the Mayor to sign an intergovernmental agreement establishing a land use dispute resolution process. The motion was seconded by Council Member Newcomb. Council Member Lnenicka expressed the view that an agreement of this type should not include provisions for automatic renewal, and that his support of the motion would be contingent on inclusion of provisions requiring a vote of the city council each time the agreement is renewed. Mayor Bacon asked Mr. Cochran if the proposed agreement renews automatically. Mr. Cochran stated the agreement renews automatically, but contains provisions allowing the City to withdraw from the agreement upon providing sufficient notice to the County. Motion was approved 5 - 1, with Council Member Lnenicka in opposition. - Julv 19.2004 17 (B) Authorization for the Mayor to Sign an Intergovernmental Agreement Regarding Millage Rate Within the Municipalities in Cobb County - Mr. Wright stated the County's rollback in Smyrna in 2005 will be approximately .4 mills. MOTION: Council Member Wood made a motion to approve authorization for the Mayor to sign an intergovernmental agreement regarding millage rate within the municipalities in Cobb County. The motion was seconded by Council Member Newcomb. Council Member Lnenicka stated he will oppose the motion. Council Member Lnenicka stated he believes the County has not negotiated with the cities in good faith, and that the County's proposed settlement is not commensurate with the results of the tax equity study conducted by the Mercer Group. Council Member Newcomb acknowledged that the County's settlement is not what it should be, but stated that pursuing this matter further would likely prove to be counterproductive. Council Member Newcomb stated he will support this motion. Council Member Scoggins stated that failure to reach an agreement with the County in this matter would probably result in consequences unfavorable to the citizens of Smyrna. Council Member Scoggins stated he will support this motion. Motion was approved 4 - 2, with Council Members Lnenicka and McNabb in opposition. (C) Authorization for the Mayor to Sign an Agreement for Wastewater Treatment and Water Service with Cobb County - Council Member Wood stated this agreement provides terms and conditions for purchase of water from the Cobb County Water System by the City of Smyrna and for treatment of sewage from Smyrna by Cobb County Water System. Council Member Wood stated that under this thirty-year agreement, the City and County will continue to serve their respective existing customers. Council Member Wood stated this agreement gives the City the option to provide retail water and sewer service to property it does not now serve by connecting to County water mains via master meters when that property annexes or redevelops. Council Member Wood stated that in those cases, the City will pay Cobb County a rate of $2.05 per 1,000 gallons of water used. Council Member Wood stated the matter of water service issues has been the most contentious issue the City has had to deal with over the last several years. MOTION: Council Member Wood made a motion to approve authorization for the Mayor to sign an agreement for wastewater treatment and water service with Cobb County. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. (D) Authorization for the Mayor to Sign Service Delivery Strategy Update Certifications Council Member Wood stated this document meets the requirements of the Service Delivery Strategy law, commonly known as House Bill 489, by amending the strategy originally adopted in 1999. Council Member Wood stated all the cities in Cobb County as well as the County government must approve the amendments to the service delivery strategy for the requirements of the law to be met. Council Member Wood stated that the changes in service delivery addressed in the update deal with the purchase of the City of Kennesaw' s water system by Cobb County and a new agreement between the City of Smyrna and Cobb County on water and sewer service. MOTION: Council Member Wood made a motion to approve authorization for the Mayor to sign service delivery strategy update certifications. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. - July 19.2004 18 COMMERCIAL BUILDING PERMITS: There were none. - CONSENT AGENDA: (A) Approval of July 6, 2004 Minutes (B) Approval to Advertise for the Abandonment of Portions of Com Road and Pinecrest Circle Legacy Communities has requested that Pinecrest Circle and a portion of Com Road be abandoned by the City in order to enable them to develop their property in accordance with their approved plan. The concept for these road abandonments was approved with the conditional rezoning of the property on December 1,2003. The City Engineer has reviewed information pertinent to the request and recommends approval. (C) Ratification of Previous Purchase of Burger Field At the May 12,2003 Committee of the Whole Meeting, Mayor and Council approved the purchase of Burger Field, located in Land Lot 375, at Glendale Place and Birch Street. The site is a 3.67 acre parcel with 2.46 acres in flood plain and is zoned R15. The property is used for passive recreational purposes. Ratification of the previous purchase of Burger Field, approved 5/12/03 at a Committee of the Whole Meeting, and purchased July 18,2003 for $62,904.00, is recommended. (D) Approval of FY 2005 Road Improvement List The City Engineer, with input from the Public Works Director, has assessed the road improvement needs of the City. $1,000,000 was budgeted for road projects. The following list is for road improvements for FY 2005: - Street Resurfacing - $567.416 (Includes estimated $59.000 LARP funding) Street Name Rating Argo Drive 3.0 Ask Kay Drive 3.5 Atlanta Road (Spring Rd to Windy Hill Rd) 3.0 Bank Street 3.5 Concord Lane 3.0 Davenport Street 3.5 Dixie Avenue 3.0 Glenhurst Drive 3.5 Hawthorne Ave (6 Points to Davenport St) 3.5 Hayes Drive 3.5 1 Excellent Highlands Pkwy(eb Lake Ridge to S Cobb Dr) 4.0 2 Good Highview Drive(Lake Dr to N Cooper Lake)3.5 3 Fair Jane Court 4.0 4 Poor Lake Court 3.5 Lake Drive 3.5 Manson Avenue 3.5 Manson Court 3.5 Natalie Lane 3.5 Powder Springs St (Ward to Old Concord, Hughes to Guthrie) 3.5 - July 19.2004 19 ... Roswell Street Spring Street Summertree Court Summerwood Drive Vinings Falls Drive Winding Valley Drive 3.0 3.5 3.5 3.5 3.5 3.5 Curb & Gutter - $255,584 Jonquil Drive Love Street Mathews Street North Thomas Lane (part) Pretty Branch Drive Whitfield Street Argo Road Improvements - $152,000 Pavement Markings - 25,000 TOTAL: $1,000,000 (E) Approval of Purchase of Replacement of Public Safety AS/400 Server The current AS/400 used by the various public safety departments to run the HTE software is having problems keeping up with the work load. This machine is over 5 years old and due to software updates and increased usage, is no longer able to support the workload. Also, the disk system on the AS/400 is filled to 87% of capacity. Approval for the purchase of a new AS/400 by the Information Systems department for $30,000 is requested and recommended. These funds are in the approved FY2005 budget, designated for this purpose. - (F) Approval of Adoption of State Mandated Outdoor Watering Ban Starting August 1,2004 a year round state-mandated outdoor watering ban goes into effect. This restriction is necessary because the state has a water deficit of seven inches. The mandated ban will be as follows: Odd numbered addresses can water on Tuesdays, Thursdays, and Sundays. Even numbered addresses can water on Mondays, Wednesdays, and Saturdays. No outside watering on Fridays. No time restrictions. Cobb County is voting on July 271h on the following penalties: 151 time - warrung 2nd time - $100.00 fine 3rd time - $250.00 fine 41h time - $500.00 fine Anytime after this - meter pulled MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Newcomb. Motion was approved 6 - O. - Julv 19. 2004 20 CITIZENS INPUT: Mayor Bacon recognized Mr. John Hearst, and Mr. Hearst stated that on June 26, he obtained permission to use the facilities at the park, and that he paid for a permit for the usage on March 29. Mr. Hearst stated when he went to the park, the bathroom was locked, and five attempts were made to contact the City by telephone but nobody responded. Mr. Hearst stated eventually a maintenance worker came by and opened the bathroom around 1:00 o'clock. Mr. Hearst stated that electrical power was needed, but none was available. Mr. Hearst stated he is the pastor of Mt. Zion Baptist Church, and the Church members were having a picnic. Mr. Hearst stated taxpayers paid for the pavilion, and he does not understand why citizens have to pay to use it. Mayor Bacon stated that the City receives requests from various organizations to waive usage fees for City facilities, but the City requires everyone to pay for using them. Mayor Bacon stated that when a person or organization pays for the use of the facilities, then they should receive the services they were told they will receive. - MOTION: Council Member Newcomb made a motion to suspend the rules to allow a redress of this grievance. The motion was seconded by Council Member McNabb. Motion was approved 6-0. MOTION: Council Member Newcomb made a motion to add approval of refund of facilities usage fees to Mr. Hearst to the agenda. The motion was seconded by Council Member Scoggins. Motion was approved 6 - O. MOTION: Council Member Newcomb made a motion to approve a refund of $56 for facilities usage fees to Mr. Hearst. The motion was seconded by Council Member Scoggins. Motion was approved 6 - O. - ADJOURNMENT: With no further business, the meeting was adjourned at 1 :20 a.m. (July 20, 2004) - Julv 19. 20C4 - A. MAX BACON, MAYOR ~~~ - c~i~~~~ - rvf~,[). ~ ~ SUS~IIOTT, CITY CLERK ~NJ~~ RON NEWCOMB, W ARD2 MI'J:l~BB.r:1 ((aN f 21 July 19.2004 22 , (&J Addendum "A" - Special Conditions Rezoning Request Z04-018 - R-15 to RAD Conditional- 4420 North Cooper Lake Road- Development Partners, LLC Special Conditions 18. The subdivision shall include a connection to the Silver Comet Trail for the benefit of its residents. This connection shall be restricted and not open to the general public. 19. The development shall maintain the following setbacks: Front 20' Rear 30' Side 5' Between Houses 10' External buffer 20' - - Julv 19.2004 23 Addendum "B" - Special Conditions Rezoning Request Z04-017 - R-15 to RAD Conditional- Bank Street and Guthrie Street- Pritchard Brothers, Inc. Special Conditions 13. The development shall maintain the following setbacks: Front 20' Rear 20' Side Exterior 5' Side Interior 5' Between Buildings 15' 14. The 50' stream bank buffer shall be reduced to 25' for the existing residence only. Any new structures shall be required to maintain the City's minimum stream bank buffer requirements for an average width of SO', - - July 19. 2004 Addendum "C" Special Conditions Rezoning Request Z04-014 - R-15 to RAD Conditional- Roswell Street - Hatcher Homes Front yard setbacks for lots 13, 14 and 15 will be 20,' and 25' for lot # 16. Rear 35' Side Exterior 10' Side Interior 5' External buffer (rear yard) 20' 24 - - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number 2004-15 Land Lot 63 & 170 Acres 19.56 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, ofthe Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 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 July 19, 2004 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 ofthe property owners ofthe area to be annexed and ofthe 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 2004 A. Max Bacon, Mayor Q~.I). /1~ Susan D. Hiott, City Clerk City of Smyrna - &Jc~ City of Smyrna ~ Ordinance No. 2004-15 Exhibit "A" - All that tract of parcel or land lying and being in Land Lots 63 & 170 of the 18th District and of Cobb County, Georgia and being more particularly described as follows: - The Point of Beginning commence from a point along Oakdale Road (variable RlW), at the intersection of Turner Road and Oakdale Road following a course North 57 degrees 25 minutes 22 seconds West a distance of 47.28 feet to a point; thence turning North 32 degrees 34 minutes 38 seconds East a distance of 72.29 feet to a point; thence North 18 degrees 29 minutes 44 seconds East a distance of 102.48 feet to a point; thence North 21 degrees 47 minutes 15 seconds East a distance of 125 feet to a point; thence turning North 17 degrees 19 minutes 06 seconds East a distance of70.68 feet to a point; thence North 46 degrees 03 minutes 16 seconds East a distance of 367.49 feet to a point; thence continuing North 42 degrees 40 minutes 49 seconds East a distance of 149.85 feet to a point; thence continuing North 27 degrees 15 minutes 44 seconds East a distance of91.98 feet to a point; thence turning South 71 degrees 53 minutes 33 seconds East a distance of242.94 feet to a point along the Oakdale Road (variable RlW); thence turning North 38 degrees 32 minutes 29 seconds East a distance of 195.07 feet to a point; thence continuing North 35 degrees 26 minutes 00 seconds East a distance of 144.73 feet to a point; thence turning South 85 degrees 24 minutes 42 seconds West a distance of 300.17 feet to a point; thence turning North 30 degrees 43 minutes 27 seconds East a distance of 188.38 feet to a point; thence turning North 87 degrees 32 minutes 17 seconds East a distance 132.28 feet to a point; thence turning North 02 degrees 46 minutes II seconds East a distance of 240.24 feet to a point, thence turning South 88 degrees 53 minutes 59 seconds West a distance of879.29 feet to a point; thence turning South 03 degrees 25 minutes 48 seconds West a distance of 226.23 feet to a point; thence turning South 60 degrees 26 minutes 36 seconds East a distance of 55.53 feet to a point; thence turning South 15 degrees 25 minutes 25 seconds West a distance of 91.86 feet to a point; thence continuing South 0 I degrees 36 minutes 07 seconds West a distance along an arc length of 69.92 feet to a point; thence turning South 06 degrees 29 minutes 26 seconds East a distance of 180.94 feet to a point; thence continuing South 00 degrees 51 minutes 14 seconds East a distance of 45.19 feet to a point; thence turning North 89 degrees 03 minutes 56 seconds West a distance of86.57 feet to a point; thence turning South 37 degrees 27 minutes 00 seconds West a distance of616.66 feet to a point; thence turning South 57 degrees 25 minutes 05 seconds East a distance of 494.99 feet to a point the Point of Beginning along the said Oakdale Road (variable RlW). Said tract containing approximately 19.06 acres (802,810.8 square feet), as shown on the rezoning site plan for PCH Development by Planners and Engineers Collaborative dated March 17th, 2004. This legal description has been compiled using deeds and maps of record. And Also: All that tract of parcel or land lying and being in Land Lots 63 of the 18th District, 2nd Section of Cobb County, Georgia and being more particularly described as follows: Beginning at a point on the southeasterly right-of-way of Oak dale Road at its intersection with the southeast corner of an unnamed road; thence running south 32 degrees 12 minutes 30 seconds west along the southeasterly right-of-way of Oak dale Road 110 feet to an iron pin; running thence south 67 degrees 38 minutes 10 seconds east 214.03 feet to an iron pin located on the east land lot line of Land Lot 63; running thence north 00 degrees 30 seconds east along the east land lot line of Land Lot 63 110 feet to an iron pin; running thence northwesterly a distance of 198 feet to an iron pin located on the south side of Oakdale Road at its intersection with the southeast corner of an unnamed road and point of beginning. Said tract containing .50 acres, more or less. -