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10182004 October 18, 2004 Council Meeting October 18, 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. 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, Personnel Officer Jay Joseph, Community Development Director Chris Miller, Community Relations Assistant Odalys Huggins, City Engineer Ken Hildebrandt and representatives of the press. Invocation was given by Council Member Wood, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that, in order to attend to the public hearing segment of the agenda in a timely manner, the citizens input section will be postponed until the latter part of the meeting. MAYOR'S REPORT: Mayor Bacon recognized Ms. Kirk, and Ms. Kirk presented an award from Keep Smyrna Beautiful to Ms. K. C. Clavin and Mr. Victor Koch for their contribution to the creation of G. B. Williams Park. Ms. Kirk recognized Ms. Sandi Sands, and Ms. Sands presented a Life Membership Award from Keep Smyrna Beautiful to Mr. Jesse Riley and Mrs. Marie Riley. - Mayor Bacon recognized State Senator Ginger Collins, and Senator Collins read a Resolution from the Georgia State Senate in recognition of the contributions made by Keep Smyrna Beautiful (KSB) to the community. Senator Collins presented the Resolution to Ms. Kirk and the members of KSB. Mayor Bacon recognized Ms. Odalys Huggins, and Ms. Huggins presented awards to Alameda Mexican Restaurant, McEntyre's Bakery, and Cafe Michel for their achievements during the Spice of Life event. Ms. Huggins expressed appreciation to the various sponsors for their support ofthis event. Mayor Bacon recognized State Senator Ginger Collins, and Senator Collins stated she is seeking reelection to the State Senate. Senator Collins asked those present for their support of her bid for reelection. LAND ISSUES/ZONING/ANNEXATION: (A) Public Hearing - Rezoning Request Z04-022 - R-15 to RAD Conditional- 2621 through 2693 Gilbert Street - DGD Holdings, Inc. Mr. Wright stated the applicant has proposed to rezone a 6.8 acre parcel to accommodate 26 residences at a density of 3.8 units per acre. Mr. Wright stated 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 numerous persons by Mr. Cochran. - October 18. 2004 2 Mayor Bacon recognized Mr. Monte Hewitt, representing Monte Hewitt Homes, and Mr. Hewitt provided details of the proposed development to those present. Mr. Hewitt stated that he has agreed to reduce the number of proposed structures from 28 to 26. Mr. Hewitt stated that none of the planned houses will have garages facing Gilbert Street. Mr. Hewitt stated that the proposed structures will be 30' to 35' in height and will be arranged in such as way as to be compatible with the height of existing housing surrounding the project. Mr. Hewitt showed graphic representations ofthe proposed houses to those present. Council Member McNabb asked Mr. Hewitt whether or not the park proposed for the development satisfies the stipulated requirement for 200 s.f of common space per lot. Mr. Hewitt stated that the planned park will comprise some 6,000 s.f., and that this amount exceeds the requirement. Council Member Smith asked Mr. Hewitt if it would be possible to reconfigure some of the interior buildings in such a way as to reduce the number of houses with double garages on the front elevations. Mr. Hewitt stated that tree buffer requirements have necessitated the planned placement of the houses, and that there are architectural plans which are expected to deemphasize the visual impact of the garages. Council Member Smith stated that larger lot sizes could provide more alternatives. Council Member Smith asked Mr. Hewitt if larger lot sizes are possible for the development, and Mr. Hewitt said no. Council Member Smith asked Mr. Hewitt if he would consider revising the plan to include some larger lots, and Mr. Hewitt stated that he is not prepared at this time to consider any revision of the plan. Council Member Smith stated he would like to see this project include some larger lots. Council Member Smith stated that he believes that some larger lots could lend versatility and creativity to the project. Council Member Newcomb asked Mr. Hewitt to provide details to those present regarding his plans to preserve older trees on the subject tract. Mr. Hewitt stated the tree plan prepared for this project indicates critical root zones for the trees on the subject property. Mr. Hewitt stated that permanent buffers are planned for the proposed development, and that wooden fences will be used to protect trees earmarked for preservation. Mr. Hewitt stated that the plan for the project will be afforded subsequent review to determine if there are trees which can be saved. Mr. Hewitt stated he believes the conditions he is willing to agree to exceed the requirements of the City Tree Ordinance. Council Member Newcomb recognized Mr. Miller, and Mr. Miller stated that the revised plan from the landscape architect shows parts of the development which are outside the critical root zone of several old trees. Mr. Miller stated that landscape buffers will be required throughout the development. Mr. Miller stated there will be a requirement for a 20' undisturbed buffer along the north and south property lines. Council Member Scoggins asked Mr. Hewitt ifhe agrees with Mr. Miller's recommendations regarding tree preservation measures for the proposed development, and Mr. Hewitt answered in the affirmative. Mayor Bacon asked Mr. Miller where the detention pond for this project will be located. Mr. Miller stated it will be located near the entrance to the subdivision, and that it will be screened by some trees. Mayor Bacon asked Mr. Miller who will be responsible for maintaining the detention pond, and Mr. Miller stated that maintaining the detention pond will be the responsibility of the homeowners association (HOA). Mayor Bacon recognized Mr. Hildebrandt, and asked Mr. Hildebrandt where the proposed detention pond will drain to. Mr. Hildebrandt stated the detention pond will drain to an existing catch basin near Gilbert Street. Mr. Hildebrandt stated the storm water runoff will travel in a westerly direction into a ditch near the subject property. -- - Mayor Bacon recognized Ms. Nancy McGee, residing at 1389 Roswell Street, and Ms. McGee stated she is concerned about the proposed setbacks at the site of the planned development. Ms. McGee stated she requests that a privacy fence be installed in the subject area. Ms. McGee stated she believes the proposed development will be very visible in the surrounding community. Ms. McGee stated she would like to see tall, fast-growing evergreens planted in the affected area to screen the height of the proposed buildings. Mayor Bacon asked Ms. McGee where she believes a privacy fence should be installed, and Ms. McGee stated a privacy fence should be installed in ... October 18, 2004 3 - the area of Roswell Street. Mayor Bacon asked Ms. McGee how high the privacy fence should be, and Ms. McGee said it should be 8' high. Council Member Pritchett asked Ms. McGee if she believes a privacy fence should be installed along with the proposed 20' buffer, and Ms. McGee stated the fence should be at the back of the buffer on the property line. Mayor Bacon asked Ms. McGee who would be responsible for the requested fence, and Ms. McGee stated the fence should be built by the developer and maintained by the HOA. Ms. McGee stated she is concerned that the new homeowners will install fences with a variety of appearances in the subject area. Ms. McGee asked ifthe City of Smyrna is a bird sanctuary, and Mayor Bacon answered in the affirmative. Council Member Scoggins asked Ms. McGee if she has had an opportunity to speak with the builder regarding her back yard, and Ms. McGee answered in the affirmative. Council Member Smith asked Ms McGee what is presently in the 10' buffer area between the rear of her property and the proposed building site, and Ms. McGee stated there are trees in that area. Mayor Bacon recognized Mr. Ron Davis, residing at 1351 Roswell Street, and Mr. Davis provided details to those present concerning various stipulations the developer has indicated willingness to accept which he believes will help make the proposed development more compatible with the surrounding community. Mr. Davis expressed appreciation to the builder and developer for their cooperation with the residents of the affected area. Mr. Davis stated he supports the proposed development as depicted in the site plan dated September 20. Mr. Davis stated this site plan reflects a 10' buffer. Mr. Davis requested that the 26 conditions for the proposed development be entered into the official record. Mr. Davis stated he is concerned by the fact that he has not had an opportunity to review the proposed tree plan for the subject property, and requested that he and other residents ofthe subject area be given an opportunity to review the tree plan before council approves this proposal. - Mayor Bacon recognized Mr. Lemuel Ward, residing at 1496 Spring Street, and Mr. Ward expressed concerns about tree preservation, storm water runoff, traffic and privacy which can be adversely affected by development. Mr. Ward expressed concerns about the fact that a through street will not be constructed in the proposed development. Mr. Ward expressed concerns about the compatibility of the proposed development with the surrounding area. Mr. Ward expressed views to those present regarding land use plans and RAD Conditional zonmg. Mayor Bacon recognized Ms. Lena Evans (phonetic), residing at 1320 Roswell Street, and Ms. Evans expressed appreciation to the developer and the City staff for their efforts on this project. Ms. Evans stated she believes this project will be beneficial to the community. Ms. Evans expressed concern about the potential loss of some old oak trees in the subject area which could come about as a result of the proposed development. Ms. Evans provided details to those present regarding measures which a builder can take which she believes will help protect trees in a construction area. Ms. Evans requested that the landscape plan for the proposed development reflect a requirement for oak trees to be planted along Gilbert Street instead of maple trees. - Mayor Bacon recognized Mr. Tim Rogers and Mrs. Kristy Rogers, residing at 2620 Highland Avenue, and Mr. and Mrs. Rogers expressed concerns regarding possible loss of trees which could come about as a result of the proposed development. Mr. Rogers stated he would like to see the currently planned 25'setback distance at his property line increased by at least 15.' Council Member Pritchett asked Mr. Hewitt if he would be willing to arrange for the roots of a particular tree on the Rogers' land to be trimmed and treated where they extend on the developer's side of the subject tract, and Mr. Hewitt answered in the affirmative. Council Member Lnenicka asked Mr. Hewitt if he would be willing to include the particular tree Mr. and October 18,2004 4 Mrs. Rogers have expressed concern about in the tree bond agreement for this project, and Mr. Hewitt answered in the affirmative. Mayor Bacon asked Mr. and Mrs. Rogers ifthey would like to see a fence installed near their property. Mr. Rogers stated he would prefer that the buffer near his property remain undisturbed, and that he would prefer that no fence be installed in that area. - Mayor Bacon recognized Mr. Bob Goulder and Mrs. Laurie Goulder, residing at 2711 Gilbert Street, and Mr. Goulder expressed concerns to those present regarding possible storm water runoff problems which he believes could come about as a result of this proposed development. Mr. Goulder asked the Mayor and Council members to consider a stipulation for the proposed rezoning requiring measures to evacuate water draining off the roofs of houses on lots 18, 19 and 26 towards the street and away from his property. Mayor Bacon recognized Mr. Hildebrandt, and Mr. Hildebrandt stated he has suggested that the lots in the subject area not be re-graded to any great extent in order to leave some trees undisturbed. Mr. Hildebrandt stated he has suggested that measures be taken to evacuate water draining off the roofs of houses on lots 18, 19 and 26 towards the street and away from Mr. Goulder's property. Mr. Hildebrandt stated such measures should result in a reduction in the amount of water draining towards Mr. Goulder's property. Mayor Bacon asked Mr. Hewitt if such measures would be acceptable. Mr. Hewitt indicated it should be possible to pipe water from the rear gutters towards the front. Council Member Smith asked if there is adequate slope from the proposed house sites to the street to provide efficient flow. Mr. Hewitt stated the proposed storm water management measures should be possible through the use of a catch basin. Council Member Smith asked if it would be possible for the developer to have a swale dug near the buffer area to divert the runoff water. Mr. Hewitt stated he understands what the objective is in this instance, and that there are a number of ways to accomplish it. Mayor Bacon recognized Mr. Kevin Mackus (phonetic), residing at 1335 Roswell Street, and Mr. Mackus requested a meeting with a landscape architect, the City arborist and Mr. Miller to discuss the genus, species and variety of trees to be planted in the affected area. Mr. Mackus stated that red maples are not characteristic of any plants currently on the subject property. - Mayor Bacon recognized Ms. Catherine Hedrick (phonetic), residing at 1335 Roswell Street, and Ms. Hedrick stated it is important for regulations and requirements of developments to be enforced. Ms. Hedrick expressed concerns about heavy equipment operating in the affected area in connection with the proposed construction. Mayor Bacon recognized Ms. Judy Kessler, residing at 2654 Highland Avenue, and Ms. Kessler stated she would prefer to see trees at the rear of her house instead of bui Idings, and that she would like to see a cherry tree currently growing at her rear property line protected. Mayor Bacon recognized Ms. Sonya Ingle (phonetic), residing at 2642 Highland Avenue, and Ms. Ingle stated she believes that the buffer area along Highland Avenue has not been afforded sufficient study. Ms. Ingle stated she would like to see this buffer area increased in size to 20' or 25.' Ms. Ingle stated she would prefer to see natural plants in the subject area instead ofa wall- like fence. Mayor Bacon recognized Ms. Candy Henry (phonetic), residing on Marston Street, and Ms. Henry expressed concerns to those present regarding possible storm water runoff problems which she believes could come about as a result of this proposed development. Mayor Bacon recognized Mr. Ron Davis, and Mr. Davis stated the communication he submitted to the Mayor and Council earlier contains details of some of the concerns expressed by citizens at - October 18, 2004 5 - this meeting. Mr. Hewitt stated he has made no commitment to establishing a 20' buffer all the way around the proposed project. Mr. Hewitt stated a final tree plan for the project will be drawn up, and he will try to prioritize trees earmarked for preservation and identify those trees which cannot be saved. Mr. Miller stated the City arborist will inspect the subject property in order to identify any specimen trees present and to obtain other information pertinent to a tree plan. Mr. Miller stated that considerable efforts have been made in this case to try to protect off- site trees, and that a landscape buffer adjacent to another residentially-zoned property is not often found. Mr. Miller stated it is not possible to guarantee that any of the trees in the subject area will continue to thrive, but that every reasonable effort will be made to work with the developer to minimize the impact of construction on trees where possible. Mayor Bacon recognized Ms. Donna Moore, residing on Marston Street, and Ms. Moore expressed concern about the possibility of new construction near her back yard. Ms. Moore expressed the view that the proposed development will have an impact on trees and wildlife in the subject area. Mayor Bacon recognized Mr. Tim Rogers, and Mr. Rogers asked if it is correct that the City arborist will examine trees on adjacent properties. Mr. Miller stated that Mr. Rogers may make private arrangements to engage the services of an arborist on his property if he wishes to do so. Mr. Miller stated that inspection of adjoining properties is not included in the contract with the City arborist. - Mayor Bacon recognized Ms. Patricia Barfield, residing on Gilbert Street, and Ms. Barfield asked whether or not a vote will be taken on this matter at this meeting. Mayor Bacon stated it is likely a vote will be taken on this rezoning request at this meeting, and that the rezoning will be conditioned upon a number of stipulations the developer has agreed to. Mayor Bacon stated it is also possible for the developer to come back at a subsequent time to request a variance if a variance is needed to accomplish tree preservation or some other important objective. Ms. Barfield expressed concerns about the proposed density of the planned development. Ms. Barfield expressed concerns about possible impact on the environment which could come about as a result of the proposed development. Council Member Smith stated the plan to be voted on calls for 26 homes, and that there are no plans to change the proposed density at the present time. Mayor Bacon recognized Mr. Mike Hornbolt (phonetic), residing at 1420 Hawthorne Avenue, and Mr. Hornbolt asked the council to consider a lower level of density for the proposed project. At the request of Council Member Scoggins, Mr. Miller read the stipulations of this rezoning request into the record as follows: Standard Conditions (Requirements # 2,8, and 17 from Section 1201 of the Zoning Code are not applicable) 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. 2. There shall be protective covenants with a mandatory homeowners association on all lots. These protective covenants shall be supplied to the City prior to the issuance of a building permit. - October 18. 2004 6 3. The developer shall provide at least 200 square feet of common space per lot. This common space shall be developed with improvements for the residential subdivision such as: gazebos, fountains, recreational/playground equipment or walking trails. The common space shall be controlled and maintained by the Homeowners Association. - 4. All utilities within the development shall be underground. 5. The retention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a 20% reduction in a 100-year storm event. The City Engineer shall approve all plans. 6. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. 7. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 40 feet. 8. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 9. No debris may be buried on any lot or common area. - 10. 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". II. The developer will comply with the City's current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the developer during construction. 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 13. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 14. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: 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. Special Conditions 15. The development shall maintain the following setbacks: - October 18, 2004 7 - Front (interior) 20' Front (Gilbert) 25' Rear (interior) 25' Rear (Gilbert) 20' Side 7.5' Side Corner 15' 16. Homes in the development shall maintain a 5-foot setback from anyon-site easements. 17. Total building heights along Gilbert Street shall not exceed 30 feet. 18. The right-of-way along Gilbert Street shall be increased to 50 feet to match other residential road rights-of-way. Therefore a dedication of 9 feet along the east side of Gilbert Street is required (setbacks may be measured from the existing Gilbert Street right-of-way). 19. The site plan shall include a 20' undisturbed buffer behind lots 10, 11, 18, 19 and 26 and a 10' undisturbed behind the remaining lots along the north, south and east property line. After the final certificate of occupancy is issued, the 20' undisturbed buffer can be reduced to 10' landscape buffer. Weeds, kudzu and other plants/shrubs can be removed from the landscape buffer provided all existing trees remain. Individual privacy fences shall be permitted within the buffers provided no trees are removed and the fences work around the existing trees. All fences must be permitted by the City prior to their construction. Finally, the developer shall cooperate with the owners of the properties adjacent to Lots 10 and 11 to preserve the existing off-site oak tree via root prun ing and other applicable methods. This tree shall be included in any tree bond or letter of credit calculations. Other off-site trees may be added to the tree bond/letter of credit for the subdivision if agreed upon by the developer and City staff. If any off-site tree needs to be replaced it shall be recompensed with 4" caliper trees. - 20. The developer shall have the option to count existing specimen trees toward the minimum tree density requirements under the following conditions: A. No land disturbance occurs within the Critical Root Zone (CRZ), or; B. Land disturbance occurs within the CRZ and a five-year tree bond or letter of credit is provided to City. This bond or letter of credit shall be equal to the replacement cost associated with the specimen tree (with 4" caliper trees), physical tree removal and an inspection by a certified arborist after the final certificate of occupancy is issued and when the bond/letter of credit is requested to be released. 21. All homes on Gilbert Street shall have usable front porches. 22. Where possible rear or side loaded garages will be constructed thought-out the development. If front loaded garages are used, they shall be recessed from the front building line wherever possible. All homes in the subdivision shall be craftsman/bungalow style. - October 18, 2004 8 23. No monument sign or entry signage shall be permitted along Gilbert Street. No fencing shall be permitted along Gilbert Street, but the developer and homeowner shall retain the right to erect fences elsewhere in the subdivision as noted in Condition # 19). - 24. Overstory trees, i.e. oak trees, shall be planted along Gilbert Street at a rate of one tree every thirty-five feet. 25. Any tree listed as saved on the tree protection plan shall be protected during construction via hard fencing. The undisturbed buffer shall be delineated using orange cyclone fencing. 26. Weekly inspections of the construction site shall be conducted by City staff to ensure all tree protection safeguards remain in place. Furthermore, the developer shall post work hours at the subdivision entrance and shall restrict development traffic into the neighborhood via Hawthorne Avenue. 27. Development on Lots 18, 19 and 26 shall be designed such that drainage is directed toward the street and ultimately the on-site detention facility. Council Member Smith asked what the definition of usable front porch is. Mr. Miller stated that a usable front porch would have size and configuration sufficient for its intended purpose. Council Member Smith asked Mr. Miller what the current zoning of the properties surrounding the subject tract is, and Mr. Miller stated they are zoned R- 15. Council Member Smith asked Mr. Miller how many homes could be built on the subject tract under its present R-15 zoning. Mr. Miller stated that each lot would have to have a minimum size of 15,000 s.f. Mr. Miller stated that R- 15 zoning usually results in a density of less than three units per acre. Council Member Smith asked Mr. Miller if he would consider keeping the present zoning of this property R-15 and attempt to plan the development based on this zoning. Mr. Hewitt stated the plan for this development includes 28 lots, and that he has never considered developing it under R- I 5 guidelines. Council Member Smith stated he has many years of experience as an architect. Council Member Smith asked Mr. Hewitt if he ever attempted to plan the proposed development in accordance with R- 15 guidelines, and Mr. Hewitt said no. Mayor Bacon asked Mr. Hewitt what the selling price of the proposed houses will be, and Mr. Hewitt stated the selling price of the new homes will range from above $400,000 to more than $500,000. Council Member Newcomb asked Mr. Miller if the language in the stipulations pertaining to tree preservation is adequate. Mr. Miller stated the tree plan on file specifies trees to be protected. Council Member Newcomb asked Mr. Miller what the total number of specific trees identified for preservation is, and Mr. Miller stated it is nine trees altogether, as well as any trees the developer agrees to cover with a tree bond or other measures. Mr. Miller stated that the buffer area will also provide a degree of protection to many trees in the area. Council Member Newcomb asked Mr. Miller if any specimen trees have been identified on the subject tract, and, if so, if there is some firm pledge from the developer to provide hard fencing around such trees and other protective measures. Mr. Miller provided examples to those present of trees on the subject tract that have been earmarked for strict conservation measures. Mr. Miller provided other examples to those present of trees that have been identified as ones that are likely to be spared during the construction process. Council Member McNabb stated he cannot support the rezoning request as proposed because of the street plan for the development. Council Member McNabb stated a better plan would consist of two street openings off Gilbert Street with no cul-de-sacs. Council Member McNabb stated such an alternative arrangement would place the houses farther from the eastern boundary line, better protect trees in the area and provide better traffic flow to outlets on the street. Council Member Smith stated a double entrance into the development would only - - October 18, 2004 9 eliminate three homes. Council Member Smith he will not be able to support this rezoning req uest. - Council Member Scoggins expressed appreciation to everyone for the collective effort they have made in order to arrive at a plan for this development. MOTION: Council Member Scoggins made a motion to approve Rezoning Request 204-022 from R-15 to RAD Conditional for 2621 through 2693 Gilbert Street for DGD Holdings, Inc. subject to the stipulations formulated by the City staff. The motion was seconded by Council Member Pritchett. Council Member Smith expressed the view that the council is changing the law by approving this rezoning instead of working within the law. Mayor Bacon stated that property has been rezoned in every part of the City. Motion was approved 5 - 2, with Council Members McNabb and Smith in opposition. (B) Public Hearing - Special Land Use Permit Request 204-023 - Permit for Monopole- Chuck Camp Park - Sprint PCS Mr. Wright stated that Sprint PCS is requesting permission to erect a 160' communications tower on a 60' x 80' tract ofleased space. Mr. Wright stated that staff recommends approval of this request. 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 Smith recognized Mr. Eric Lavvorn, and asked Mr.Lavvorn to provide details to those present regarding the need for the requested special land use permit. Mr. Lovvorn stated the monopole is the commonest type of cellular telephone tower in use. Mr. Lovvorn stated this type oftower is a relatively new type designed to have a lower visual impact on its surroundings. Mr. Lovvorn stated monopoles are designed to collapse inwardly in the event of stress fracture, and that this design is a safer one because of this feature. Council Member Smith asked Mr. Lovvorn if a safety fence will be erected around this monopole, and Mr. Lovvorn answered in the affirmative. Council Member Smith asked Mr. Lovvorn if a person could climb up this monopole. Mr. Lovvorn stated a person could climb the monopole, but the built-in rungs start at a point about ten feet off the ground. Council Member Smith asked Mr. Lovvorn what could happen if the monopole becomes technologically obsolete. Mr. Lovvorn stated he believes that ground-based cellular towers will be in use for some time to come. Mayor Bacon recognized Ms. Judy Brassfield (phonetic), residing on Gilbert Street, and Ms. Brassfield asked if the authorities at the military aviation installation at Dobbins Field have been contacted regarding this proposed monopole, and Mr. Lovvorn answered in the affirmative. Mr. Lovvorn stated a professional air space study has been conducted regarding this proposed monopole installation. Mr. Lovvorn stated applications submitted to the FAA for this tower and an additional one are pending. MOTION: Council Member Smith made a motion to approve Special Land Use Permit Request 204-023 for a permit for a monopole at Chuck Camp Park at 2270 Benson Poole Road for Sprint PCS subject to the stipulation that the proceeds from the leased space be earmarked for use by the City Parks and Recreation Department. The motion was seconded by Council Member Wood. Motion was approved 7 - O. - October 18, 2004 10 (C) Public Hearing - Special Land Use Permit Request Z04-024 - Permit for Monopole- New Smyrna Cemetery/Reed Street - Sprint PCS Mr. Wright stated that Sprint PCS is requesting permission to erect a 160' communications tower on a tract of leased space near the New Smyrna Cemetery. - 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 Scoggins recognized Mr. Bobby Martin, President of the New Smyrna Cemetery Association, Inc. (NSC), and Mr. Martin provided details regarding NSC to those present. Mr. Martin stated the income anticipated from the space lease agreement with Sprint PCS will be used to help pay for the maintenance ofNSC. Council Member Scoggins thanked Mr. Martin for making an effort to try to keep NSC in good general order. Mayor Bacon recognized Ms. Helen Harmon, and Ms. Harmon stated she has no objections to the proposed monopole installation as long as it is suitably screened. Mayor Bacon recognized Mr. Bud McCullough, residing at 2518 North Mathews Street, and Mr. McCullough asked if another vote will be needed in the future to renew this special land use permit. Mr. Cochran stated that, because of the expense of monopole installation, the City could not arbitrarily deny a renewal of the special land use permit. Mr. McCullough stated he has been advised by the FAA that a permit from that entity has not yet been approved for this proposed monopole installation. Mr. McCullough expressed concerns that a proposed access road on the subject property may encroach on existing graves. Mayor Bacon recognized Mr. Bill Strickland, residing on Lexington Chase Drive, and Mr. Strickland stated that Cobb County recently turned down a similar request from Sprint PCS. Me Strickland expressed concern about a potential proliferation of such monopole installations. Mr. Cochran referred to the Telecommunications Act, and stated that local governments cannot create zoning obstructions to cellular tower installation. - Mayor Bacon recognized Ms. K. C. Clavin, residing on Roswell Street, and Ms. Clavin expressed concerns that a proposed access road on the subject property may encroach on existing graves. Ms. Clavin stated that she considers a chain link fence such as the one proposed for this monopole installation to be offensive, and that she would like to see some other form of fence there. Ms. Clavin stated she believes that screening measures will not make a monopole installation any less offensive. Ms. Clavin asked if the space lease income from this monopole will be used for the benefit of the cemetery property, and Mr. Martin answered in the affirmative. Ms. Clavin provided a graphic representation to the council depicting some possible improvements she believes could be made at the cemetery. Mayor Bacon recognized Mr. Mike Hornbolt (phonetic), residing at 1420 Hawthorne Avenue, and Mr. Hornbolt stated he is opposed to the installation of this monopole because of its potentially negative visual impact on its surroundings. Mr. Hornbolt suggested a nearby golf course as an alternative site for this monopole. Mr. Hornbolt suggested that some of the tax revenue from the 26 new homes approved at this meeting could be set aside for maintenance of the cemetery. Mayor Bacon stated that the cemetery is private property, and that maintaining it will cost more than a few thousand dollars yearly. Mayor Bacon stated that Sprint PCS did inquire about the golf course as a possible monopole site, but that it is closer to Dobbins Field than the cemetery is, and that other considerations also militated against the possibility of locating - October 18, 2004 11 - the monopole there. Mr. Cochran stated that Sprint PCS could not erect a monopole on the golf course because the City's deed to that property is restricted to recreational use. Mr. Hornbolt asked why another monopole permit approved at this meeting is to be built in a park, and Mr. Cochran stated the park property does not have the same deed restriction. Council Member Wood stated that when the U.S. Department ofthe Interior conveyed the Fox Creek property to the City of Smyrna, the agreement included stipulations restricting use ofthe land to recreational purposes. Mayor Bacon recognized Mr. McCullough, and Mr. McCullough stated that there is an antenna between the two golf courses. Mayor Bacon stated that the apparatus Mr. McCullough is referring to belongs to Dobbins Field, and has been there for a long time. - Mr. Lovvorn stated that there is a deed restriction on the use ofthe golf course property, and that this restriction precludes the use of that property for installation of a monopole. Mr. Lovvorn stated the tower near the golf course mentioned by Mr. McCullough is an FAA tower used for Dobbins Field, and that other entities are not allowed to install towers there because of security considerations. Mr. Lovvorn stated that the monopole cannot be installed until approval is granted by the FAA. Mr. Lovvorn stated that study of the subject area indicates that the existing tree coverage there will minimize the visual impact of the proposed monopole. Mr. Lovvorn stated that a landscape buffer will be installed around the monopole installation. Mr. Lovvorn stated that the location of the access road has been examined and that no disturbance of graves is expected to result from the use of this road. Mr. Lovvorn stated it is also possible to adjust the location of the access road if necessary. Mr. Lovvorn stated that the State Historical Preservation organization has requirements for cemeteries which must be met. Mr. Lovvorn stated that the type of fence used around the monopole is necessitated by security considerations, and that the landscape buffer planned for this area should provide adequate screening. Council Member Newcomb asked Mr. Cochran how long the special land use permit will be in effect for the monopole. Mr. Cochran stated that the permit can be reviewed periodically, but that denial of the continuation of the permit would be difficult after installation is made and requirements are met. Council Member Newcomb asked Mr. Cochran ifthe special land use permit for the monopole will be renewed every two years, and Mr. Cochran answered in the affirmative. Mr. Cochran stated he believes such renewal may be accomplished administratively. Mr. Cochran stated that any discussion at this meeting concerning future use of the revenues from this monopole installation are not an issue for the land use decision in this case. MOTION: Council Member Scoggins made a motion to approve Special Land Use Permit Request 204-024 for a monopole at New Smyrna Cemetery for Sprint PCS. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (D) Public Hearing - Variance Request V04-035 - Reduction in Minimum Finished Floor Elevation - 1373 Forest Drive - Lynn Smith Mr. Wright stated the Smyrna Code requires all residential construction to be located a minimum ofthree feet above the base flood elevation. Mr. Wright stated the applicant is seeking to construct a garage addition, with second floor living space, located one foot above the base flood elevation. Mr. Wright stated staff recommends reducing the minimum finished floor elevation to two feet above the base flood elevation 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 McNabb recognized Mr. Allen Batchelor, and asked Mr. Batchelor to provide details to those present regarding the requested variance. Mr. Batchelor stated the proposed project only involves the garage at the front of the house. Mr. Batchelor stated that raising the October 18, 2004 12 floor elevation to the required level ofthree feet above flood elevation would necessitate construction of a retaining wall for the driveway, and would require backfill and additional water evacuation measures. Mr. Batchelor stated the house is at a level lower than that of the garage. Council Member McNabb asked Mr. Batchelor ifhe is willing to agree to a stipulation requiring installation of floor drains in the garage area, and Mr. Batchelor answered in the affirmative. At Council Member McNabb's request, Mr. Batchelor showed a graphic representation of the addition plans for the subject structure to those present. Council Member Smith asked why a drain in the garage is a necessity, and Council Member McNabb stated such a drain arrangement should hasten the process of water evacuation. Council Member Smith asked if water evacuated from the garage will drain into the creek below, and Mr. Batchelor stated the water will flow into a basin and drain around the subject property. Mr. Batchelor stated that installation of a backflow prevention assembly will also be needed. - Mayor Bacon recognized Ms. Anding, and Ms. Anding stated she lived in the subject house for many years and never experienced any water drainage problems there. Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr. Martin stated that the proposed improvements to the subject house are a positive development for the surrounding community. MOTION: Council Member McNabb made a motion to approve Variance Request V04-035 for a reduction in minimum finished floor elevation at 1373 Forest Drive for Lynn Smith subject to the stipulation that the City Attorney prepare an explanatory note to append to the deed for this property stating that the finished garage addition has been reduced from the standard 3' to a minimum of only I' above base flood elevation. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. PRIVILEGE LICENSE: - There were none. FORMAL BUSINESS: (A) Reappointment of Ward 5 Member to the Smyrna Housing Authority MOTION: Council Member Smith made a motion to appoint Martha James, residing at 1012 Chateau Lane, to a five-year term on the Smyrna Housing Authority. The motion was seconded by Council Member Wood. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of October 4, 2004 Minutes (B) Approval of Use of R & E Funds for Contract Unit Pricing to Replace 1500' of Water Main - October 18, 2004 13 - (C) (D) Public Works requests to replace 1500 LN/FT of water main on Burbank Circle from Windy Hill Road around to Windy Hill Road. Public Works staff recommends replacement and upgrade of this water main. Approval of Use of R & E Funds for Contract Unit Pricing to Extend the Water Main on Highview Drive Public Works requests to extend the water main on Highview Drive to remove an existing dead end. This amounts to about 450' of water main from Concord Road up Highview Drive. Public Works staff recommends the extension ofthis water main. Approval of Use R & E Funds for Contract Unit Pricing to Replace 1000' of Water Main on Lake Drive Public Works requests to replace 1000 LN/FT of water main on Lake Drive from Cindy Lane southwest. Public Works staff recommends replacement and upgrade of this water mam. (E) Request to Use R & E Funds for Contract Unit Pricing to Replace 3000' of Water Main Public Works requests to replace 3000 LN/FT of water main on Stephens Street from King Street to Lavista Road. Public Works staff recommends replacement and upgrade ofthis water main. (F) Request to Use R & E Funds for Contract Unit Pricing to Extend the Water Main on North Thomas Lane Public Works requests to extend the water main North Thomas Lane to remove an existing dead end. Public Works staff recommends extension of this main and upgrade. - (G) - Approval ofInstallation of No Parking Signs on McGriff Street Between Fleming Street and Hill Street The road is no longer used but the City still owns the right away. There is an issue of people parking, loitering, and blocking access to properties. Approval of installation of these signs is recommended. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Stokes, who had no report. Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk reminded those present that yellow jonquils will be available for purchase at the Jonquil Festival and at other locations in the City. Council Member Pritchett congratulated Ms. Kirk for her recognition by Resolution of the State Senate. Council Member Pritchett stated that Cobb County Tax Commissioner Gail Downing has requested the mayors and council members ofthe cities in Cobb County to remind everyone that there are many property owners in the County who are not availing themselves of various property tax exemptions for which they may be eligible. Council Member Pritchett stated that HB 1662, a measure which would provide disabled persons meeting eligibility requirements with additional City property tax exemption, will be on the ballot on November 2. October 18, 2004 14 Council Member Newcomb recognized Mr. Miller, who had no report. Council Member Newcomb reminded those present that some voting locations have been changed as a result of homeland security requirements, and that voters should check their voter registration cards for their poll locations. - Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided details concerning current court services operations to those present. Ms. Hiott reminded those present that it is now possible to vote one week in advance of the regularly scheduled election date, and provided additional details concerning this procedure. Council Member McNabb recognized Ms. Huggins, and Ms. Huggins provided details to those present regarding the upcoming Jonquil Festival. Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details regarding upcoming City Parks and Recreation events and activities to those present. Council Member McNabb recognized Mr. Seigler, and Mr. Seigler introduced Ms. Susan Johnston, Director of Public Relations for the Smyrna Friends of the Library, to those present. Ms. Johnston provided details of upcoming City Library events and activities to those present. Council Member Smith recognized Mr. Joseph, and Mr. Joseph provided details to those present concerning positions for which the City is currently recruiting. Mr. Joseph stated that an election was held recently to elect a member of the Civil Service Board, and that Sandra Towe was selected as a new board member. Mr. Joseph introduced Ms. Towe to those present, and stated that her term on the Board will run through September 28,2006. Council Member Lnenicka recognized Chief Lanyon, who had no report. - Council Member Lnenicka recognized Chief Hook, and Chief Hook provided current statistics concerning City police operations to those present. Council Member Lnenicka asked Chief Hook if the City currently has a DUI Task Force, and Chief Hook stated that the DUI Task Force is not currently active at the City police department. Chief Hook stated that staffing levels affect the ability of the City police department to conduct DUI enforcement operations, and that it is anticipated that the DUI Task Force will be operational once again by December of the present year. Council Member Lnenicka stated he is a volunteer member of the board of directors for Woodland Ridge at Rideview Institute, which is a non-profit entity which provides services to Alzheimer's patients and provides assisted living care. Council Member Lnenicka stated Woodland Ridge will host its second annual Harvest Open House and Tour of Homes this weekend. Council Member Lnenicka stated a Halloween Carnival will also be held for visitors and residents. Council Member Wood recognized Ms. Edgar, who had no report. CITIZENS INPUT: Mayor Bacon recognized an unidentified person who stated there is an old-fashioned bell at a railroad crossing on Kennesaw A venue which he suggested the City should attempt to acquire for use as a display artifact. - October 18, 2004 15 Mayor Bacon stated that in order to make council agenda business a priority, he will recommend to the council that, beginning at the next council meeting, the City of Smyrna adopt citizens comment guidelines similar to those used by other local governments. Mayor Bacon stated this proposed format will give citizens an opportunity to speak at the end of council meetings, and that those persons wishing to speak will be required to register in advance. Mayor Bacon stated that this proposed change in procedure will in no way attenuate the rights of citizens to express their views. Council Member Newcomb stated he agrees with Mayor Bacon's position in this matter. Council Member Newcomb stated that many people attend council meetings to be heard in relation to official City business, and that matters on the agenda should be attended to in a timely manner. Mayor Bacon stated that special recognitions and similar functions will still be conducted at the initial stage of the council meetings. - ADJOURNMENT: With no further business, the meeting was adjourned at 11 :57 p.m. - ~~Mai-~ ( BILL COGGIN ,RD 3 ~i?UtM CHARLES PE E WOOD, WARD 7 " - <:7J>" jJ-- RON NEWCOMB, WARD 2 4