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05022005 May 2, 2005 May 2, 2005 - 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, Community Development Director Chris Miller and representatives of the press. Invocation was given by Pastor Jim Moon from Crosspoint Presbyterian Church, followed by the pledge to the flag. AGENDA CHANGES: There were none. MAYOR'S REPORT: Council Member Lnenicka read a Proclamation for Respect for Law Week to those present, and presented the Proclamation to Mr. Dennis Harding from the Optimist Club. Mayor Bacon expressed appreciation to Mr. Harding for his service to the community. Mr. Harding commended the City's officials and staff for their support of the Campbell High School Foundation. Mayor Bacon and Mr. Harding provided details to those present regarding Vice President Cheney's town hall meeting held today at Campbell High School. - Mayor Bacon recognized Ms. Hazel Herndon, and Council Member Wood read a Proclamation in Recognition of Hazel Herndon to those present. Ms. Herndon stated she has enjoyed living and working in this community. Mayor Bacon recognized Mrs. Lillie Wood and Ms. Joyce Reagin, and Mrs. Wood presented a report on the progress of the Taylor-Brawner Foundation to those present. Ms. Reagin provided details to those present concerning recent activities ofthe Georgia Baptist Children's Foundation. Ms. Reagin expressed appreciation to Susan Hiott, Susan Drinnon and Susan Hunt for their assistance. Mayor Bacon provided details to those present regarding Vice President Cheney's town hall meeting held today at Campbell High School. LAND ISSUES/ZONING/ANNEXATION: (A) Public Hearing - Special Land Use Permit Request Z04-31 - Flea Market Operation - 2144 South Cobb Drive - RAM South Cobb, LLC Mr. Wright stated the City's Zoning Code does not specifically address flea markets as a permitted use and as such they are only permitted as a special land use approved by the city council. Mr. Wright stated that, based on review of the fourteen factors set forth in the City's Zoning Code, staff recommends denial of the requested special land use permit (SLP). - At Mayor Bacon's request, Mr. Miller provided details to those present regarding the analysis which this request was afforded. Mr. Miller stated the review and public hearing process for a SLP involves posting the property with appropriate signs and advertising pertinent information in the local newspaper. Mr. Miller stated that Section 1510 of the City Zoning Code specifies the Mav 2, 2005 2 requirements for a SLP. Mr. Miller stated that there are fourteen standards which are reviewed in connection with this process to help the City's leadership determine whether or not the proposed special land use is consistent with the future goals of the City and not detrimental to adjacent properties. Mr. Miller stated that, based on review of the fourteen factors set forth in the City's Zoning Code, staff recommends denial of the requested special land use permit. - 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. Mayor Bacon recognized Mr. Scott Prigge, Vice President of Regency Centers (Re), and Mr. Prigge stated RC acquired property adjacent to the subject tract last year. Mr. Prigge expressed the view that approval of the requested SLP for a flea market operation will have a detrimental impact on the subject area. Mr. Prigge stated that a reciprocal easement agreement between the owners of the property segments exists, and that this agreement provides for specific uses which are allowed at the shopping center for both parties. Mr. Prigge stated the management of RC believe the use proposed by the applicant is an infringement of the provisions of this reciprocal easement agreement. Council Member Smith asked Mr. Prigge which party of the agreement would be allowed to upgrade the parking area at the subject location. Mr. Prigge stated he believes the owners of the part of the shopping center containing the building formerly used by Rich's pay a pro rata share of the cost of maintaining the subject facilities. Mr. Prigge stated he believes both parties to the agreement have some decision-making authority in relation to improvements to the parking area. Council Member Newcomb asked Mr. Prigge if it is correct that leases utilized at the subject location include restrictions against flea markets operating in that shopping center, and Mr. Prigge answered in the affirmative. Mr. Cochran asked Mr. Prigge if it is his opinion that, if a flea market operation is permitted at the subject location, a negative financial impact on RC's property will result. Mr. Prigge answered in the affirmative, and stated that RC does not allow flea markets at any of its properties. Mr. Cochran asked Mr. Prigge why it is RC's policy to prohibit flea markets at its properties. Mr. Prigge stated that flea markets tend to have a transient tenant base which is not conducive to building a regular, consistent clientele. Mr. Cochran asked Mr. Prigge if the factors he has cited generate a financial impact, and Mr. Prigge stated he believes flea markets affect tenant sales, and that tenant sales affect the long-term viability of a shopping center. Mr. Cochran asked Mr. Prigge if the presence of a flea market at a shopping center tends to result in adjacent properties being subsequently leased at lower rates, and Mr. Prigge answered in the affirmative. Mr. Prigge stated a flea market at the subject location will affect the sales of adjacent businesses, and that this will tend to generate lower rents and an increase in the number of vacancies. Council Member McNabb asked Mr. Prigge if the building formerly used by Rich's is deficient in terms of visibility or any other attributes which would be needed for a successful commercial operation. Mr. Prigge stated the existing building at the subject location would require substantial modification in order for it to be used successfully as a retail facility. Mr. Prigge expressed the view that the subject property may have some potential as a mixed-used development with a residential component. - MOTION: Council Member Smith made a motion to deny Special Land Use Permit Request Z04-31 for a flea market operation at 2144 South Cobb Drive for RAM South Cobb, LLC based on review ofthe fourteen factors set forth in the City's Zoning Code. The motion was seconded by Council Member Newcomb. Council Member Lnenicka stated that no representative of the applicant is present at this meeting. Council Member Lnenicka stated this measure has been tabled and rescheduled for public hearing several times at the applicant's request. Council Member Lnenicka stated that the City's leadership has cooperated with the applicant's numerous requests for rescheduling, and that there appears to be no reason to postpone this matter further - May 2, 2005 3 without voting on it. Motion to deny the request was approved 7 - O. (B) Public Hearing - Rezoning Request Z05-005 - R-15 to RAD Conditional - 4.022 Acre Tract - Land Lot 446, Turner Drive and Belmont Circle - Belmont Development - Mr. Wright stated the applicant is requesting rezoning of the subject tract for a twenty-unit subdivision designed for use by mature residents. Mr. Wright stated the proposal will result in a density of 4.97 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) has voted to recommend approval ofthe request for twenty residences, and that staff also recommends approval of the plan as amended by the PZB subject to a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - Council Member Smith recognized Mr. Hatcher, and asked Mr. Hatcher to provide details to those present concerning this proposal. Mr. Hatcher utilized graphic representations to illustrate details of the proposed project to those present. Mr. Hatcher stated the proposed residences are designed as structures called courtyard cottages which are smaller homes comprising 1,600 to 1,800 s.f. Mr. Hatcher stated the senior-oriented houses he is planning will provide suitable, affordable housing to a particular market segment that will enable the purchasers to remain in their accustomed community. Mr. Hatcher provided details to those present concerning the design and features ofthe proposed dwellings. Mr. Hatcher stated he anticipates an approximate selling price of $250,000 to $300,000 per unit. Mr. Hatcher stated the exterior elevations of the proposed houses would feature a combination of brick and stone in addition to other materials. Mr. Hatcher stated a community building which can be used for a variety of activities is also planned for the development. Mr. Hatcher stated the proposed dwellings will feature different architectural styles with garages located at the rear of the structures. Mr. Hatcher stated he has encountered a considerable amount of interest in specialty dwellings of this type. Mr. Hatcher stated he believes that building this planned community could encourage further development in the Windy Hill Road area. At Council Member Smith's request, Mr. Hatcher provided details to those present concerning the planned rear elevations which would face Turner Drive. Mr. Hatcher stated a privacy fence will surround the property, and that landscaping will also be installed. Mr. Hatcher stated each house will have a two-car garage, and that the parking pads near the garages will each accommodate two additional vehicles. Council Member McNabb asked Mr. Hatcher if each dwelling will have a fire sprinkler system, and Mr. Hatcher answered in the affirmative. Council Member McNabb asked Mr. Hatcher what the maximum height of the proposed structures will be, and Mr. Hatcher stated they will be 20' to 25' high. Council Member McNabb asked Mr. Hatcher if the planned dwellings will feature four-sided brick exterior construction. Mr. Hatcher stated some of them will feature all-brick exterior walls, and others will feature a combination of materials such as stone, shake and fiber-cement siding. Council Member McNabb asked Mr. Hatcher if there is an existing plan for the proposed community building. Mr. Hatcher said no, but that this proposed structure will probably be in the form of a 20' by 20' pavilion with basic plumbing and kitchen facilities. Council Member McNabb stated he would like to see stipulations specifying what type of community building would be included in the proposed development. Council Member Lnenicka asked Mr. Hatcher if he would be amenable to the idea of building a second exit from the development to Turner Drive if such an additional exit is determined to be necessary by the city engineer or other reviewing official, and Mr. Hatcher answered in the affirmative. Council Member Lnenicka asked Mr. Hatcher ifthe rear elevations of the proposed structures would be finished in such a way as to be as attractive as the front sides of the structures. Mr. Hatcher stated the rear side of each structure will feature a garage door and possibly a window and a door. Mr. Hatcher stated the rear elevations will not look exactly like the front views of the houses. Mr. Hatcher stated that landscaping will be - May 2. 2005 4 used extensively throughout the development. Council Member Lnenicka asked Mr. Hatcher how wide the buffer area between the interior one-way drive paralleling Turner Drive and the actual curb of Turner Drive will be. Mr. Hatcher stated that typically such a buffer will be 10' to 12' from the back of the curb to the property line. Mr. Hatcher stated the drive will be about 3' offthe property line where the fence will be located. Council Member Lnenicka stated a landscaped berm or a masonry wall could be an alternative to a high wooden fence for the proposed development. Mr. Hatcher stated any wooden privacy fence used in the proposed development would have decorative elements to make it more visually appealing. Council Member Newcomb asked Mr. Hatcher if it is correct that the proposed houses will not be separated by 10' of space as requested by the PZB, and Mr. Hatcher answered in the affirmative. Mr. Hatcher stated his original proposal called for 26 units and he has agreed to a reduction to 20 units. Mr. Hatcher stated he cannot afford a further reduction in the total number of units in order to achieve the full 10' of separation between each structure. Mr. Hatcher stated that similar developments in the County have structures separated by only 4' to 5' of space. - Council Member Newcomb asked Mr. Miller to comment on Mr. Hatcher's position regarding the distance separating the proposed structures. Mr. Miller stated 10' is the desired minimum separation distance between structures in a subdivision. Mr. Miller stated the proposed project is a unique product type which has not been built in Smyrna previously. Mr. Miller stated the use of a solid blank wall on one side and a courtyard on the other is an idea which has not been previously employed in other developments built in the City. Mr. Miller stated the project as proposed is an effort to create housing with a single-family feeling without some of the inconveniences of conventional single-family homes. Mr. Miller stated the plan as submitted maximizes the building square footage on the lots and provides some patio privacy area. Council Member Newcomb asked Mr. Miller for his views concerning construction of a medium-density development in the Windy Hill Road corridor. Mr. Miller stated he has heard concerns expressed both by citizens and City officials regarding the lack of specialized housing designed for senior residents in Smyrna. Mr. Miller stated that when Mr. Hatcher brought this proposal to the City, efforts were made to allow the formulation of a plan comparable to similar developments which have been approved in Cobb County. Mr. Miller stated Cobb County has a zoning classification which addresses plans for detached houses similar to the proposal under consideration with densities up to five units per acre. Mr. Miller stated the stipulations formulated by staff for the proposed development are comparable to what Cobb County would require. Council Member Newcomb asked Mr. Miller what measures can be taken to limit occupancy and ownership ofthe proposed houses to senior citizens. Mr. Miller stated that the proposed houses can be marketed to persons 55 years of age or older. Mr. Miller stated that current standards of the Fair Housing Act call for 80 percent of the units in a senior-oriented development of this type to be occupied by persons 55 years of age or older. - At Council Member Smith's request, Mr. Miller read the stipulations recommended for the proposed development into the record as follows: Standard Conditions (Requirements # 2,8, 16, and 17 from Section 1201 ofthe 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. - Mav 2, 2005 5 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. - 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. The detention 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 10% reduction in a 100-year storm event. The City Engineer shall approve all plans. 5. All utilities within the development shall be underground. 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 20 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". 11. 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. Special Conditions 14. The development shall maintain the following setbacks: - Front (Proposed Street) - 5' Side - 0' (Minimum 7' Between Houses) May 2. 2005 6 - 15' (Belmont Circle) Rear - 5' (Interior) 20' (Exterior) Driveway - 19' minimum length from building face to right-of-way - 15. Homes along Turner Drive shall employ four-sided architecture such that the rear elevations mirror the front elevations wherever possible, unless a decorative fence and landscaping is installed along Turner Drive. 16. No outside storage shall be permitted, with the exception of firewood and lawn furnishings, or as otherwise prohibited in the protective covenants. 17. Units shall be marketed to those persons age 55 and older as defined by the Fair Housing Act as may be amended from time to time. 18. The development should incorporate applicable accessibility and "easy living" standards (as administered and copyrighted by a coalition of Georgia citizens including AARP of Georgia, Atlanta Regional Commission, Concrete Change, Georgia Department of Community Affairs, Governor's Council on Developmental Disabilities, Home Builders Association of Georgia, Shepherd Center and the Statewide Independent Living Council of Georgia) to include at least one full bath with ample maneuvering space, and one stepless entrance at either the front ofthe home or through the garage. 19. Each unit must be protected by a fire sprinkler system. 20. The mandatory homeowners association must include rules that regulate and control the following: - . Each unit shall have a two-car garage. . Garages are restricted to vehicle parking only. . No more than 10% of the total units may be leased by individual owners at a time and for no term less than one year in duration. 21. Provide elevations to staff for the community structure proposed for the subdivision. 22. The minimum floor area of each residence shall be 1,600 square feet with a minimum number of two bedrooms for each unit. Mayor Bacon asked Mr. Hatcher ifhe is agreeable to the stipulations as read. Mr. Hatcher stated he is agreeable to all the stipulations as read except the stipulation requiring a minimum side separation of 10' between houses. Council Member Lnenicka asked Mr. Hatcher if the internal doorways in the proposed dwellings will be a minimum of 36" wide, and Mr. Hatcher stated this requirement would only apply to certain doorways. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran Mayor Bacon recognized Mr. Hoyt Ellison (phonetic), and Mr. Ellison expressed support for the proposed development. Mr. Ellison asked if a privacy fence will be built between the proposed - Mav 2, 2005 7 development and Cherokee Trail. Mr. Hatcher stated the entire property will be enclosed with a fence. - Mayor Bacon recognized Mr. Harold McGehee, residing at 2300 Belmont Circle, and Mr. McGehee expressed support for the proposed project. Mayor Bacon recognized Ms. Nancy Claridge, residing at 2320 Garden Park Drive, and Ms. Claridge stated the proposed project is the type of development she would like her father to relocate to. Council Member Smith asked Mr. Hatcher if he would consider reducing the number of proposed houses to 15 units. Mr. Hatcher stated that such a reduction in the number of units would render the project unviable from a financial standpoint. Mr. Hatcher stated that further reduction in the number of units for the proposed project would cause the homes to be priced at a level which would not affordable for the customer base they are designed for. Council Member Smith stated he would like to see a level of density for the proposed development which would allow for a minimum of 10' of separation between each structure. Council Member Smith stated that approval of a number of units per acre for this proposal which is in the medium density land use range will make it difficult for the city council to deny similar requests for nearby properties. MOTION: Council Member Smith made a motion to deny Rezoning Request Z05-005 from R-15 to RAD Conditional for a 4.022 acre tract in Land Lot 446 at Turner Drive and Belmont Circle for Belmont Development. Mayor Bacon stated this motion was not seconded and is not approved. - MOTION: Council Member McNabb made a motion to approve Rezoning Request Z05-005 From R-15 to RAD Conditional for a 4.022 acre tract in Land Lot 446 at Turner Drive and Belmont Circle for Belmont Development. The motion was seconded by Council Member Pritchett. At Mr. Cochran's request, Council Member McNabb specified that the motion for approval includes an amended stipulation calling for a minimum separation distance of 7' between each structure as requested by the developer. Council Member McNabb stated that additional stipulations for approval of this rezoning request will include a requirement for landscaping to be maintained by the homeowners association (HOA). Council Member McNabb stated that additional stipulations for approval of this rezoning request may also include a requirement for the exteriors of the structures, including roofing, to be maintained by the HOA. Mr. Hatcher stated he would like to research this to see if such a requirement is customary for similar developments. Mr. Hatcher stated he will agree to stipulate to the maintenance requirement if it is determined to be customary. Council Member Lnenicka asked Council Member McNabb if the motion includes all stipulations as recommended by staff. Council Member McNabb stated the motion includes all stipulations as recommended by staff with the amended stipulation regarding minimum separation distance between structures. Council Member Lnenicka asked Council Member McNabb to elaborate on the recommended additional stipulation pertaining to the HOA's responsibility for exterior structure and roof maintenance. Council Member McNabb stated that the landscaping for a development of this type should be maintained to a uniform standard. Council Member McNabb stated he believes that charging the HOA with the responsibility of maintaining the exterior of the structures is a good idea, but he is willing to allow Mr. Hatcher to consider this one particular recommendation as a request. Council Member Newcomb stated he believes that the unique nature of this development plan warrants consideration of the density and separation distance as proposed. Council Member Newcomb stated he further believes that, because ofthe unique nature of this proposal, the city council is not establishing a precedent for medium density larid use for all the property in the - Mav 2. 2005 8 surrounding area. Council Member Pritchett commented favorably on Mr. Hatcher's proposal. Council Member Pritchett stated this project will provide redevelopment as well as fulfill a need for senior-oriented housing. Council Member Wood stated a number of senior citizens have relocated outside of the City in order to find suitable living quarters, and that he receives frequent inquiries about senior-oriented housing developments. Council Member Lnenicka stated he has heard a number of comments from citizens which indicate that they consider construction of new senior-oriented housing a development priority. Council Member Lnenicka stated he is aware of a number of senior citizens who have relocated outside of the City in order to find housing designed with their particular needs in mind. Council Member Lnenicka stated that Mr. Hatcher's record ofreliability is another factor which has persuaded him to support this motion. Motion was approved 6 - 1, with Council Member Smith in opposition. - (C) Public Hearing - Approval of Three-Month Moratorium extension regarding acceptance of Applications for Signs in excess of 250 Square Feet Mr. Wright stated that, as a result of litigation, the City's sign age consultant has recommended several changes to the sign ordinance. Mr. Wright stated the requested moratorium will enable the City to make recommended changes to the sign ordinance. Mr. Wright stated a three-month sign moratorium was approved at the February 7, 2005 meeting, and that staff recommends approval of a three-month extension of the moratorium regarding sign applications for signs in excess of250 square feet. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Newcomb made a motion to approve a three-month moratorium extension regarding acceptance of applications for signs in excess of 250 square feet. The motion was seconded by Council Member Wood. Motion was approved 5 - O. (Clerk's Note: Council Members Pritchett and Scoggins were not present at the time of this vote) - (D) Public Hearing - Variance Request V05-0 17 - Installation of Second Kitchen - 2116 Jarrod Place - Lennart Halke, Jr. and Mickie Higgins Mr. Wright stated the applicants are building-out their basement as separate living quarters to accommodate elderly parents. Mr. Wright stated the City's Zoning Code prohibits more than one complete kitchen facility in single-family dwellings. Mr. Wright stated staff recommends approval provided the space is only utilized by family members and is not rented as a separate living unit in the future. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Lnenicka stated that Ms. Higgins was a member of his reelection campaign staff and is his income tax consultant. Council Member Lnenicka stated that, because of his association with Ms. Higgins and her husband, he will abstain from voting on this matter in order to avoid any appearance of conflict of interest. Council Member Lnenicka stated he has asked Council Member McNabb to attend to this portion of the proceedings in his stead. Council Member McNabb asked Ms. Higgins to provide details to those present concerning the necessity of the requested variance. Ms. Higgins stated she wishes to build a separate living space in the basement of her residence so that her in-laws can have a suitable place to live independently. Ms. Higgins stated that rental of any subdivided space in her house would be disallowed by the HOA covenants of the subdivision in which her home is located. Ms. Higgins - Mav 2, 2005 9 - stated the architectural control committee of the subdivision has reviewed the plans for the proposed modifications and has approved them. Ms. Higgins stated that her house is not configured in such a way as to be suitable for rental purposes. Council Member McNabb asked Ms. Higgins if the footprint of herhouse will be expanded or altered in connection with this proposed modification, and Ms. Higgins said no. Council Member Smith asked Ms. Higgins ifher in-laws will have any difficulty climbing stairs in her house. Ms. Higgins stated her in-laws are in good health, and that she does not expect any problems in this respect. Council Member Smith asked Ms. Higgins if smoke detectors will be installed in this addition, and Ms. Higgins said yes. Council Member Smith asked Ms. Higgins if she has considered finding a rental residence for her in-laws in this area. Ms. Higgins stated she has looked at rental properties, but has not found any that are affordable. Council Member Newcomb asked Mr. Cochran and Mr. Miller how the presence of this proposed kitchen addition might figure into the possible future disposal of the property by the current owner. Ms. Higgins stated that she would be willing to remove the oven and stove from the basement addition if she decides to move. Mr. Cochran stated a deed restriction as a variance stipulation for the subject property has been discussed whereby any future owners ofthe house would not be allowed to rent any part of the property. Mr. Cochran stated such a deed restriction would be consistent with the HOA covenants of the subdivision in which the property is located. MOTION: Council Member McNabb made a motion to approve Variance Request Y05-017 for installation of a second kitchen at 2116 Jarrod Place for Lennart Halke, Jr. and Mickie Higgins subject to the stipulation that a deed restriction be drafted which would prevent the leasing of the basement living quarters which are to be built. The motion was seconded by Council Member Wood. Motion was approved 6 - 0, with Council Member Lnenicka abstaining. (E) Public Hearing - Variance Request Y05-016 - Construction ofFence within Easements and Detention Pond - 1904 Hidden Springs Path - Davida Krantz - Mr. Wright stated the applicant wishes to enclose her side and rear yard with a fence. Mr. Wright stated the proposed fence would extend out from the side of the residence and then follow the side property lines crossing the bank of the detention pond in the rear. Mr. Wright stated the back yard is surrounded by sewer, drainage, and access easements and a detention pond. Mr. Wright stated that City regulations require that the fence be built outside the easements and detention pond. Mr. Wright stated staff does not recommend approval of the variance as requested. Mr. Wright stated that, because of concerns expressed by the city engineer, staff recommends that the fence be located outside the 20' drainage and sanitary sewer easements along the side property lines. Mr. Wright stated that, because the fence plan calls for construction with 8' removable panels, staff does not object to placement of the fence along the bank of the detention pond which is within the 10' access easement. 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 McNabb asked Ms. Krantz to provide details to those present concerning the configuration of her lot and the location of the detention pond on her property. Ms. Krantz provided photographs of the subject area for examination by the present officials, and explained where the easements and other features are located. Ms. Krantz stated that the fence will be unsightly if it is installed as recommended by staff. Ms. Krantz stated the fence as planned would be constructed of removable panels, and could be disassembled if future access is required. Council Member Smith asked what purpose the proposed fence would serve. Ms. Krantz stated she has two dogs that must be contained. Mayor Bacon asked who maintains the water detention May 2, 2005 10 structure at the subject location, and Ms. Krantz stated it is her understanding that the HOA maintains the structure. Mayor Bacon recognized Beth Green, residing at 1713 Hidden Springs, and Ms. Green stated she supports the applicant's plan for installation of a fence. Ms. Green stated the HOA members want the fence to be in compliance with HOA covenant agreements and to not cause any future hardships for future homeowners. Ms. Green stated the HOA members want to see the continuity ofthe neighborhood maintained and the covenants complied with. Ms. Green asked ifthe variance request will supercede the HOA covenants. Mr. Cochran stated that even if the variance is approved the owner of the subject property is still obliged to cooperate with the HOA on issues relating to the HOA. Ms. Green stated that the HOA has a landscaping committee that maintains the pond as part of the maintenance of the subdivision. Ms. Green stated the landscaping committee has expressed concerns about accessing areas to be maintained if the fence is installed as requested. Ms. Green stated it is her understanding that the retention pond in the subject area is public property. Ms. Green stated that the HOA covenants require that the detention pond be maintained as a public area. Ms. Green stated that, according to the City's regulations, if the detention pond is blocked off in any way, it then transitions from public to private ownership. Ms. Green asked if the subject property will become public property and the responsibility ofthe HOA if the applicant is allowed to have a fence inside the access easements. Council Member McNabb asked Mr. Cochran if the issue in this instance is public access or common space that was a stipulation at the time the zoning was approved. Mr. Cochran stated that there are sewer easements on the side ofthe house. Mr. Cochran stated it appears that the side easements are public easements, one for drainage and one for sewer, and that the detention structure is private property. Ms. Green stated the HOA has proposed a compromise. Ms. Green stated the HOA architectural committee members have met with the homeowners. Ms. Green stated the HOA has proposed that the access easement be adhered to on the drainage pipe. Ms. Green stated the HOA requested the applicant to obtain a variance from the city council for the east side which would allow them to forgo the access easement. Ms. Green stated the HOA had discussed placing requirements on the sale of the subject home for the homeowner to absorb expenses related to accessing the pond. Ms. Green asked if the variance is granted if the HOA supercedes the variance. Mr. Cochran stated that ifthe variance is granted, the applicant is still restricted by the HOA and must deal with the HOA. Mayor Bacon asked Mr. Cochran ifthe City will incur any potential liability if the variance is approved with the knowledge that the variance violates the HOA covenants. Mr. Cochran stated he believes that any suit which might result from this action by the city council would be defensible. Ms. Green asked if the variance request is for all sides of the property. Council Member McNabb stated the request is for permission to build within both easements on both sides of the house. Council Member McNabb stated the variance request has no connection with any construction inside the detention pond. Council Member McNabb stated that any construction inside the detention pond is a matter to be settled between the HOA and the property owner. Council Member McNabb stated the City's concern is public access to the drainage and sewer easements. Ms. Green asked if it is correct that the only two access easements controlled by the City are the two on either side ofthe property, i.e., the one to the detention pond and the one to the sewer, and Council Member McNabb answered in the affirmative. Council Member Lnenicka asked Council Member McNabb if it is correct that the retention pond on the subject property is not part of a drainage easement, and Council Member McNabb answered in the affirmative. Council Member McNabb stated the easement is across private property to get to the retention pond. Council Member Lnenicka asked Ms. Green if there is any reason the HOA would not allow an invisible fence on the subject property. Ms. Green stated the applicant owns two pit bull type dogs and several children live in the area. Ms. Green stated the HOA members are concerned because the children are often in the common area. Ms. Green stated the HOA members are concerned because the children could enter the yard with the - - - Mav 2, 2005 11 dogs even if the dogs are contained. - Mayor Bacon recognized Mr. Chris Ehlers, residing at 1902 Hidden Springs, and Mr. Ehlers asked if approval of the variance would affect his property. Council Member Mcnabb stated approval of the variance would not affect Mr. Ehlers' property. Mr. Ehlers stated he has no objections to the applicant's plan to install a fence. Mayor Bacon recognized Ms. Brenda Conklin, residing at 1905 Hidden Springs Path, and Ms. Conklin stated she supports the applicant's plan to build a fence on the subject property. Mayor Bacon recognized Mr. Bronson Beisel, residing at 1815 Hidden Springs Walk, and Mr. Beisel stated he supports the applicant's plan to build a fence on the subject property. Mr. Beisel stated the applicant's dogs are not pit bulls. Ms. Krantz stated the detention pond is not a playground. Ms. Krantz stated the fence could be located in a way which would not interfere with the sewer line. Mayor Bacon asked Mr. Miller what his recommendations are in this matter. Mr. Miller stated City policies and regulations do not allow installation of fences in City easements. Mr. Miller stated the staff recommendation in this case is to not allow the property owner to intrude into the City's easements. Mr. Miller stated other areas which are not City easements are a matter to be resolved between the subject property owner and the HOA. Mr. Miller stated the City's easements on the subject property were there when the plat was approved and when the house was constructed. Mr. Miller stated the easements are there for a purpose and staff recommends that they should not be encroached upon. Mr. Miller stated the City has easements in many areas. - Council Member Newcomb stated that the issue in this case is the installation of a fence inside a City easement. Council Member Newcomb stated there are underground pipes in the easements. Council Member Newcomb stated that installation of a fence in the easement would mean that fence posts would be in place in the easement. Council Member McNabb stated he is generally not in favor of homeowners placing structures in easements which could potentially obstruct access to the easements by the City. Council Member McNabb advised Ms. Krantz that certain parts of the fence would be at risk because it may become necessary to remove it entirely if access becomes necessary. Council Member McNabb stated that because Ms. Krantz has maintained the subject area to a high standard, he is willing to consider approval of the variance with Ms. Krantz's acknowledgement and understanding that the fence could be damaged in the future if it must be removed to provide access to the easement. Council Member McNabb advised Ms. Krantz the she will have to continue to work to resolve some other issues with the HOA. MOTION: Council Member McNabb made a motion to approve Variance Request V05-016 for installation offence within easements and detention Pond at 1904 Hidden Springs Path for Davida Krantz. The motion was seconded by Council Member Scoggins. Motion was approved 6 - O. (Clerk's Note: Council Member Pritchett was not present at the time of this vote) PRIVILEGE LICENSE: (A) Public Hearing - Privilege License Request - Massage Therapist - Therapy Plus - 2220 Atlanta Road, Suite 118 - Lan Thi Koblitz, Applicant - May 2, 2005 12 Mr. Wright stated that staff has reviewed the submitted application materials and found them to be complete and in order. Mr. Wright stated that inquiry by the City police department disclosed no information which would preclude issuance of the requested license. - 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. At Council Member Smith's request, Ms. Koblitz provided details to those present concerning the massage therapy establishment she is planning to operate. Ms. Koblitz stated she has rented office space and purchased equipment for the establishment. Ms. Koblitz stated the establishment will be open for business from 10:00 a.m. until 7:00 p.m. Ms. Koblitz stated she has been providing massage therapy for persons in senior care facilities and others in connection with her school. Mayor Bacon recognized Mr. Dwayne Koblitz, residing at 1096 Pinedale Drive, and Mr. Koblitz stated that Ms. Koblitz is excited about opening a business here in the City. MOTION: Council Member Smith made a motion to approve the privilege license request for massage therapist for Lan Thi Koblitz. The motion was seconded by Council Member Wood. Motion was approved 6 - O. (Clerk's Note: Council Member Pritchett was not present at the time of this vote) FORMAL BUSINESS: There was none. COMMERCIAL BUILDING PERMITS: - There were none. CONSENT AGENDA: (A) Approval of April 18, 2005 Minutes (B) Approval of request for temporary road closing of Davenport Street from Bates Street to Argo Road for a block party on Saturday, May 28, 2005 from 11 :00 a.m. to 8:00 p.m. (C) Approval of Continued Participation by the City in the Cobb Urban County Community Development Block Grant Program (CDBG) and Authorization for the Mayor to Sign the Cooperation Agreements Member cities are allowed to choose whether or not to continue their participation in the CDBG program every three years by the U.S. Department of Housing and Urban Development. The City of Smyrna has participated in the program for several years in an effort to build new parks or revitalize existing ones in areas which service low to moderate income families. Approval of continued participation by the City in the CDBG program and authorization for the Mayor to sign the Cooperation Agreements is recommended. (D) Approval of Road Closings for the annual Memorial Day event and downtown summer concert series - May 2. 2005 13 - Road closings are needed for the Monday, May 30 Memorial Day remembrance at the 20th Century Veteran's Memorial Park. Bank Street will close from Village Walk east to King Street. King Street will close from Village Green Circle south to West Spring Street. Both roads will close at approximately 9:45am through the duration of the event and will re-open around 11am. The summer concert series will require Friday road closings in advance of the Saturday concert as well as the concert date itself so that preparations can be made. The dates include May 13/14, June 10/11, July 9/10, and August 5/6. Road closings include King Street at Bank, Powder Springs at the Library parking entrance, and Village Green approach. For the August concert only, Powder Springs from Atlanta Road west to the Hamby Street intersection will close. Roads will close at 9am on the Friday preceding the concert and will re-open at approximately midnight on the concert date. The August 6th event will require a 2:30am, August 7 re- opening because of the fireworks cleanup. These road closings are necessary to secure the area to be used by the general public for these events. Approval of these temporary road closures is recommended. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 6 - O. (Clerk's Note: Council Member Pritchett was not present at the time of this vote) COMMITTEE REPORTS: Council Member Wood yielded the floor with no report. - Council Member Lnenicka stated the Cobb County Transportation Department will hold a public information meeting in Smyrna on May 5 to discuss the upcoming special local option sales tax (SPLOST) referendum. Council Member Smith yielded the floor with no report. Council Member McNabb reminded those present that there will be a Memorial Day ceremony in the City on May 30. Council Member Scoggins yielded the floor with no report. Council Member Newcomb yielded the floor with no report. CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry provided details to those present regarding his attendance at a recent retirement reception for City employees. Mr. Backry stated he was asked to leave this reception. - Mayor Bacon recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr. Martin provided details to those present concerning recent break-ins at the concession stand at the local middle school baseball field. Mr. Martin stated the proceeds of the concession help support the athletic program enjoyed by many young people in the City, and that any theft from the concession takes resources away from their sports program. Mr. Martin provided details to those present regarding recent theft of items from the concession stand that have significant dollar value. Mr. Martin commented favorably on the cooperation he has received from the City police department. Mr. Martin stated he would like to find ways to prevent these crimes from happening May 2. 2005 14 again in the future. Mr. Martin stated he appreciates the assistance which is afforded to him in this matter. Council Member Lnenicka stated the reception referred to this evening by Mr. Backry was a private gathering hosted by the City to recognize some police officers who were retiring. Council Member Lnenicka stated invitations for this gathering were sent. Council Member Lnenicka stated Mr. Backry was not invited to this function. Council Member Lnenicka stated Mr. Backry has a lawsuit pending against the City. Council Member Lnenicka stated he has been advised by the city attorney not to have conversations with Mr. Backry during the pendancy of this litigation. Council Member Lnenicka stated the three honoree police officers were asked at the reception if they had invited Mr. Backry, and all three said no. Council Member Lnenicka stated the three honoree police officers were asked if they wanted Mr. Backry to remain at the function, and all three said no. Council Member Lnenicka stated Mr. Backry showed up at the reception inappropriately dressed. Council Member Lnenicka stated that after the three honorees were consulted, Mr. Backry was asked to leave by the human resources director. Council Member Lnenicka stated the Community Center is a public building, but many private functions are held there. Council Member Lnenicka stated that no City resident can reasonably expect to be able to enter a private reception uninvited and participate in that function. Council Member Lnenicka stated he believes the City's officials have a responsibility to establish all the facts for the record when an individual portrays an occurrence in a way that differs from the actual facts. - Mayor Bacon stated the City's leadership believes citizens should be afforded an opportunity to express their views in a public forum. Mayor Bacon stated that many citizens who make public comment have other avenues available to them to resolve perceived problems. Mayor Bacon expressed his best wishes to Capt. Brack, Capt. Hayes and Ofc. Ellis during their retirements. Mayor Bacon stated the City's police chief is one of the most professional law enforcement administrators in the State, and that he is a man of distinction and integrity. - ADJOURNMENT: With no further business, the meeting was adjourned at 10:42 p.m. - Mav 2, 2005 15 .~ , />/7 /~ / /:?' <::r~ ( '>." CL ..C;'/~ · ,{J ,.' A. MAX BACON, MAYOR ' -. -ND.HIOTT'CTT~ - ~'ilI!I/j-= ~,~ ~ ME Y T E T, WARD 1 RON NEWCOMB, WARD 2 ~/ ~~---- I BILL SCOGGINS, . D 3 - ct~~:/v uJ~ CHARLES PETE WOOD, WARD 7 - fJ-