Loading...
05162005 May 16, 2005 May 16, 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, Fire Chief Jason Lanyon, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett, Deputy Police Chief Michael Brown and representatives of the press. Invocation was given by Ms. Terrica Sampson, followed by the pledge to the flag. AGENDA CHANGES: There were none. MAYOR'S REPORT: Mayor Bacon recognized Mr. Felipe Munive, president of the Campbell High School (CHS) student government. Mayor Bacon stated that Felipe will preside over the evening's proceedings as Honorary Mayor. Mayor Bacon recognized Principal Arnson, faculty and staff members, students and student government representatives from CHS. Mayor Bacon provided details to those present concerning recognition garnered by CHS in recent years for academic achievement. - Mayor Bacon recognized Ms. Kirk, and Ms. Kirk stated the CHS Student Government Association has been very active in the Keep Smyrna Beautiful (KSB) Adopt-a-Mile program for a number of years, and thanked the students for their participation. Ms. Kirk recognized Ms. Sandi Sands, representing KSB, and Ms. Mosely from Teasley Elementary School. Ms. Kirk stated the students from Teasley Elementary School have raised a considerable amount of money for KSB and expressed appreciation for their contribution to the community. Ms. Mosely recognized Ms. Cameron Armstrong, student council president from Teasley Elementary School, and Cameron provided details to those present concerning fundraising efforts for KSB by the students at her school. Cameron presented a check to Ms. Kirk for KSB for the proceeds of the student fundraising effort. Cameron introduced the student council members from her school to those present. Mayor Bacon thanked Ms. Mosely and the students for their efforts on behalf of the community. - Mayor Bacon recognized Mr. Curt Johnston, Cobb County School Board representative, and Mr. Johnston provided details to those present regarding recent activities at the local schools and this month's character education word presentation which students from CHS will be conducting at this meeting. Principal Arnson thanked the City for the assistance and support provided during the recent visit of Vice President Cheney to CHS for a town hall meeting. Principal Arnson stated he received favorable comments from members of various government agencies who were involved in planning and conducting this event regarding the overall level of cooperation and efficiency they found in Smyrna. Mayor Bacon stated he received a letter of appreciation from Vice President Cheney for the glass jonquil and Kenny's key lime pies the Vice President was given during his visit. Mayor Bacon thanked Mr. Kenny Burtz for providing the case of key lime pies for Vice President Cheney and his staff. Principal Arnson recognized Ms. Kiesha Cooper, and Kiesha conducted the presentation of this month's character education word for those present. May 16. 2005 2 Mayor Bacon recognized Mr. Corey, and Mr. Corey introduced Deputy Chief Brown and Lt. Hegwood to those present. Deputy Chief Brown stated that Lt. William Hegwood is being recognized as Employee of the Month, and provided details to those present regarding the judicious, tactful and constructive manner in which Lt. Hegwood responded to a recent complaint involving ajuvenile subject. Deputy Chief Brown commented favorably on Lt. Hegwood's professionalism, and stated that Lt. Hegwood knows when to be assertive and when to show compassion. Mr. Corey expressed appreciation to Lt. Hegwood for his service to the community. - LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Public Hearing - Variance Request V05-0 14 - Reduction in Front Yard Setback - 961 Oakview Drive - Harold Killingsworth Mr. Wright stated the applicant previously added a covered porch addition to the front of his residence, and that the porch is located approximately 23' from the front property line. Mr. Wright stated staff recommends approval of a variance to reduce the front yard setback from 35' to 20' at 961 Oakview Drive for the existing front porch. Honorary Mayor Munive stated this is a public hearing and asked for public comment. There was none. At Council Member McNabb's request, Mr. Killingsworth provided details to those present concerning the necessity of the front porch and the variance to allow for it. MOTION: Council Member McNabb made a motion to approve Variance Request V05-014 for a reduction in front yard setback at 961 Oakview Drive for Harold Killingsworth with the stipulation that the subject porch undergo inspection by qualified City personnel to make certain the porch is structurally adequate. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. - (B) Annexation and Variance Requests - 1753 and 1763 Spring Street - Ted Jones and Michael Good (I) Public Hearing - Variance Request V05-0 18 - Veterinary Clinic within 200' of Residence -1753 Spring Street - Avesta, Inc. Mr. Wright stated the applicant is seeking to annex the subject property in conjunction with a proposed change from a professional office to a veterinary clinic. Mr. Wright stated that, because the applicant is seeking to operate a veterinary clinic less than 200' from residential property, a variance is required and has been requested. Mr. Wright stated staff recommends approval ofthe requested variance provided structural changes are limited to the soundproofing of the existing garage and no outside dog runs are installed. Honorary Mayor Munive recognized Mr. Jones and Dr. Good. Honorary Mayor Munive stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. At Council Member Scoggins' request, Mr. Jones provided details to those present concerning the plans for use ofthe subject property. Mr. Jones stated there is a deed restriction on the subject property disallowing dog runs. Council Member McNabb asked if the referenced deed restriction - May 16, 2005 3 is currently in effect, and Mr. Jones stated the restriction will be included in the deed at closing. Council Member McNabb asked if a stipulation requiring the deed restriction on dog runs as a condition of variance approval would be acceptable, and Mr. Jones answered in the affirmative. ... Honorary Mayor Munive recognized Dr. Michelle DeHaven, and Dr. DeHaven stated the applicant has no license to operate a veterinary facility at the subject location. Dr. DeHaven provided details to those present concerning the various previous uses of the subject property. Dr. DeHaven stated the applicant's business license for the Pet Spa is for bathing and clipping only. Dr. DeHaven expressed the view that the applicant's operation is unlicensed and in violation of codes. Dr. DeHaven expressed the view that reducing the distance between residences and a facility where dogs are kept to just 23' is unreasonable. Dr. DeHaven asked the city council to deny the variance requests. ... Council Member Scoggins recognized Mr. Miller, and Mr. Miller stated the City's zoning code does not make a distinction between pet grooming businesses and veterinary clinics. Council Member Scoggins asked Mr. Miller if the City's Community Development Department monitors compliance of business operators with applicable regulations, and Mr. Miller answered in the affirmative. Council Member Newcomb asked Dr. Good if his current operation on Spring Street is a pet grooming business only. Dr. Good stated there is an existing pet grooming business there, and that he has never claimed that it is a veterinary clinic. Dr. Good stated he has plans to operate a clinic at the property he is acquiring from Mr. Jones. Dr. Good stated he is licensed for pet grooming and boarding at the existing facility through the Department of Agriculture. Dr. Good stated he will check to determine whether of not his County business license is current and val id. Dr. Good stated the existing grooming parlor will be an operation which will be separate from the planned veterinary clinic. Dr. Good stated he expects that a comparatively limited number of animals will be treated at the planned clinic. Council Member Newcomb asked if there is a dog run or similar arrangement at the grooming business. Mr. Miller stated there is an enclosed area at the side ofthe grooming business which includes a dog run. Mr. Miller stated a variance can give a property owner a higher level of assurance that the existing use of the property may be allowed to continue into the future. Mr. Miller stated the property at 1763 Spring Street could be brought into the City as a continuing non-conforming use. Mr. Miller stated he does not know whether or not the grooming parlor is in violation of any County regulations. Dr. Good stated the referenced structure at the side ofthe grooming salon could be removed. Dr. Good stated a canopy could be erected near the grooming salon to provide animals shelter from inclement weather during the short periods they are taken outside. Dr. Good stated it is possible for him to acquire the property behind the grooming salon. Dr. Good stated this additional property could continue to be used as a residence thereby creating a buffer between the grooming salon and the rest of the community. Council Member Newcomb asked if a variance, if approved, remains with the property to which it applies. Mr. Cochran stated variances generally remain with property, but that a stipulation can be written to indicate that the variance will only remain in effect for the life of the structure, or structures, to which it applies. Council Member McNabb asked if the referenced structure at the side ofthe grooming salon was there at the time Dr. Good acquired that property, and Dr. Good answered in the affirmative. Council Member McNabb asked Dr. Good if it is correct that he does not plan to board any animals outdoors at the grooming spa at 1763 Spring Street, and Dr. Good answered in the affirmative. Dr. Good stated there will be an 8' privacy fence installed around the facility to help minimize the impact of the operation on the surrounding area. Council Member McNabb asked Dr. Good approximately how many animals can be kept at the grooming salon, and Dr. Good stated that the grooming spa at 1763 Spring Street has enough room to board about 15 dogs or cats at anyone time. Council Member McNabb asked Dr. Good approximately how many animals could be boarded at the planned veterinary clinic, and Dr. Good stated the planned clinic will accommodate boarding for 10 to 20 - May 16, 2005 4 animals. Council Member McNabb asked Dr. Good if attaching a stipulation to the variances limiting the total number of animals allowed outdoors at anyone time to just one animal would create any hardship for the proposed animal care operations, and Dr. Good said such a stipulation will be acceptable. Dr. Good stated that cats which are boarded are generally not taken outdoors. - Honorary Mayor Munive recognized Dr. Roxanne Levinson, and Dr. Levinson provided details to those present concerning a complaint of non-compliance with zoning regulations which was filed with Cobb County against Pet Spa. Dr. Levinson stated she has found no evidence that a boarding license has been issued for Pet Spa. Dr. Levinson stated that regulations for animal boarding facilities are in place for the protection of animals. Council Member Scoggins asked Dr. Levinson to comment on the City's regulations governing veterinary facilities. Dr. Levinson stated the veterinarians and animal care providers in the City are not allowed to have outside run areas where animals are kept. Dr. Levinson stated that this provision allows better control of temperature, animal monitoring, noise attenuation, parasite prevention, proper waste disposal, disease control and other factors. Mayor Bacon stated that the subject property is an unincorporated island, and it would be better to have it annexed into the City. Mayor Bacon stated that if Dr. Good operates any type of animal care facility in the City, then Dr. Good will be required to be in compliance with pertinent regulations. Honorary Mayor Munive recognized Ms. Jamie Shoff (phonetic), and Ms. Shoff provided details to those present concerning the facilities at Pet Spa. Ms. Shoff stated that she has been told by employees at Pet Spa that loud and troublesome animals in their care are placed outdoors. Ms. Shoff stated she believes Dr. Good has violated County codes at some of his other pet care facilities, and that she further believes he will not operate a reputable pet care facility in Smyrna. Ms. Shoff stated that a foul odor is discernible in the area ofthe Pet Spa. Ms. Shoff stated she is opposed to the proposed operation of a veterinary clinic and grooming facility in the subject area. - Mr. Jones stated he has never noticed any noise problems associated with the grooming facility. Honorary Mayor Munive recognized Ms. Jennifer Pinto, residing at 2976 Anderson Circle, and Ms. Pinto started she has lived near a pet care facility before. Ms. Pinto stated that she recalls a considerable amount of noise associated with the pet care facility near that former residence. Ms. Pinto expressed concern about the close proximity of a pet care facility to residential property the proposed variance will permit. Ms. Pinto stated she does not believe any type of pet care facility will fit in well in the subject area. Honorary Mayor Munive recognized Ms. Paula Kraemer, residing at 1551 Walker Street, and Ms. Kraemer commented favorably on Dr. Good's professionalism. Ms. Kraemer stated she believes any pet care facility operated by Dr. Good would be an asset to the community. Honorary Mayor Munive recognized Ms. Florence Haynes (phonetic), and Ms. Haynes stated she operates a pet care facility in Cobb County, and provided details to those present regarding County requirements for the operation of such facilities. Honorary Mayor Munive recognized Ms. Cynthia Starm (phonetic), and Ms. Starm stated she has made inquiry at Pet Spa before regarding the type of pet care service they provide. Ms. Starm stated a staff member at Pet Spa said numerous dogs are placed outdoors together for a period of time. Ms. Starm stated she observed a considerable amount of animal waste on the ground outside the subject facility. Ms. Starm expressed the view that the Pet Spa could be a risk to the community. - May 16,2005 5 - Dr. Good stated the Pet Spa building was in bad general condition when he acquired it. Dr. Good stated the primary service at Pet Spa is not boarding. Dr. Good stated he will have the outdoor run areas removed and he will agree to allow only one dog outdoors at a time. Dr. Good stated he will comply with all applicable City regulations. Dr. Good stated the Department of Agriculture has made three site inspections at Pet Spa and that he has paid his license fees. Dr. Good stated he has many clients in the Smyrna area who would be glad to have one of his facilities close by. Council Member Pritchett stated she has heard favorable reports concerning Dr. Good's professionalism. (2) Public Hearing - Variance Request V05-019 - Existing Pet Care Facility within 200' of Residence - 1763 Spring Street - Pet Spa Mr. Wright stated the owner of the adjacent property has requested approval to annex the subject property into the City of Smyrna. Mr. Wright stated the applicant is seeking a variance to allow a pet care facility at 1763 Spring Street to remain within 200' of a residence. Mr. Wright stated that although the City would consider the existing business as a legally permitted non-conforming use, the applicant is seeking a variance to eliminate any potential non-conforming issues. Mr. Wright stated no changes are proposed for either the existing structure or parcel. Mr. Wright stated staff recommends approval of the requested variance. Honorary Mayor Munive stated this is a public hearing and asked for public comment. There was none. (3) Annexation Request - .283 Acre Tract - Land Lot 632, Parcel 68, 1 ih District, 2nd Section, Cobb County - 1753 Spring Street - Ted G. Jones - Mr. Wright stated it is proposed to use the subject property as a veterinary clinic. Mr. Wright stated the legal description of the subject property has been reviewed by the city engineer with satisfactory results. MOTION: Council Member Scoggins made a motion to approve the annexation request for a .283 acre tract in Land Lot 632, Parcel 68, 1 ih District, 2nd Section, Cobb County, Georgia at 1753 Spring Street for Ted G. Jones to become a part of Ward 3 effective June 1,2005. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (4) Annexation Request - .318 Acre Tract - Land Lot 632, Parcel 69, 1 ih District, 2nd Section, Cobb County - 1763 Spring Street - Michael P. Good Mr. Wright stated the subject property is currently used as a pet spa and there is no rezoning or redevelopment planned for the property in the immediate future. Mr. Wright stated the legal description of the subject property has been reviewed by the city engineer with satisfactory results. MOTION: Council Member Scoggins made a motion to ~prove the annexation request for a .318 acre tract in Land Lot 632, Parcel 69, 1 ih District, 2n Section, Cobb County, Georgia at 1763 Spring Street for Michael P. Good to become a part of Ward 3 effective June 1,2005. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (5) Final Vote on Variances for Veterinary Clinic at 1753 and 1763 Spring Street (a) Variance Request V05-0I8 - Veterinary Clinic within 200' of Residence- 1753 Spring Street - Avesta, Inc. - May 16,2005 6 MOTION: Council Member Scoggins made a motion to approve Variance Request V05-018 for a veterinary clinic within 200' of residential property at 1753 Spring Street for A vesta, Inc. subject to the stipulation that a deed restriction is attached to the subject property disallowing outdoor runs at the subject property, with an additional stipulation limiting the variance to the use ofthe existing structure and to the life of the existing structure on the subject property. The motion was seconded by Council Member McNabb. Council Member Newcomb stated he will support the motion because he believes the current and future pet care facilities at the subject location can be better monitored by the City. Council Member Lnenicka stated he will support the motion because he believes the City can exercise greater control over the subject property. Council Member Lnenicka stated that operators of businesses in the City which sell alcoholic beverages have previously participated in committees which have been able to formulate useful recommendations for improving City ordinances regulating alcoholic beverage sales. Council Member Lnenicka expressed the view that convening another committee under the aegis ofthe Police Committee comprised of veterinary clinic operators could similarly generate beneficial ideas for improving animal control ordinances. Council Member Lnenicka stated the County is presently reviewing possible revisions to the County animal control ordinances and that he has asked members of the City police department to obtain copies of this revised information. Mayor Bacon stated there are other veterinary clinics in the City which abut residential property. Motion was approved 7 - O. - (b) Variance Request V05-019 - Existing Pet Care Facility within 200' of Residence -1763 Spring Street - Pet Spa MOTION: Council Member Scoggins made a motion to approve Variance Request V05-0 19 for an existing pet care facility within 200' of residential property at 1763 Spring Street for Pet Spa subject to a stipulation limiting the variance to the current use of the existing structure and to the life ofthe existing structure on the subject property. Council Member McNabb stated further stipulations requiring removal of chain link fencing at the subject property to prevent dogs from being kept outdoors and a requirement for dogs to be taken outdoors singly will also be conditions of the variance. Council Member McNabb stated that a chain link structure will be permitted along the interior perimeter of the 8' privacy fence for security purposes. Dr. Good stated he will need an outdoor canopy to protect animals from inclement weather when they are taken outside, and Council Member Lnenicka directed Dr. Good to consult with Mr. Miller regarding this request. Council Member Scoggins asked Dr. Good if he is agreeable to the stipulations, and Dr. Good answered in the affirmative. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. - (C) Public Hearing - Rezoning Request Z05-006 - R-15 to RAD Conditional - 4.4 Acre Tract - Church Road - Church Road Partners, LLC Mr. Wright stated Church Road Partners, LLC is proposing to rezone a 4.4 acre parcel to accommodate 13 single-family residences at a density of2.95 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) voted to recommend approval for fifteen residences at the April meeting. Mr. Wright stated staff recommends approval of the rezoning for 13 units subject to a number of conditions. Honorary Mayor Munive stated this is a public hearing and asked for public comment. There was none. Council Member Smith recognized Mr. Garvis Sams, an attorney representing the applicant, and at Council Member Smith's request, Mr. Sams provided details to those present concerning the - May 16,2005 7 - applicant's plans for the subject property. Mr. Sams stated the lots at the planned development will be an average size of 7,540 s.f. Mr. Sams provided graphic representations of the planned houses for the present officials to examine. Mr. Sams introduced Mr. Jason Allen to those present. Mr. Sams stated the proposed houses will be built in the craftsman architectural style and will range in size from 2,200 s.f. to 4,000 s.f. Mr. Sams stated the selling price of the planned dwellings will range from around $370,000 to about $550,000. Mr. Sams stated the applicant is amenable to all stipulations as formulated by the PZB and City staff. Mr. Sams stated the applicant would prefer to be allowed to deviate somewhat from the requirement for minimum lot sizes of 7,000 s.f. in order to be able to configure some of these lots below the minimum size. Mr. Sams stated the applicant is requesting this flexibility for lot sizes because of topographical considerations and other developmental obstacles associated with this project. Council Member Smith asked for details pertaining to perimeter fencing to be installed along Church Road. Mr. Sams stated the fence materials proposed for the planned development will be similar to those in use at Concord Village, i.e., pressure treated, painted wood. Mr. Sams stated that a fence will not be installed by those homes located near an adjacent flood plain in order to maintain a more natural environment. Council Member Smith asked if any stone or brick accents can be added to the fence, and Mr. Sams stated the developer will consider the addition of such fence design elements. Council Member Smith asked if a deceleration lane will be constructed in connection with the development, and Mr. Sams answered in the affirmative. Council Member Smith expressed appreciation to Mr. Sams and the developer for their cooperation in making changes to the development plan to achieve an average minimum lot size of approximately 7,000 s.f., increased side setbacks and a more advantageously placed storm water detention structure. Mr. Sams reiterated the applicant's preference to be allowed to deviate somewhat from the requirement for minimum lot sizes of7,000 s.f. At Council Member Smith's request, Mr. Miller read the stipulations for the rezoning request to those present as follows: - Standard Conditions (Requirement #17 from Section 1201 of the Zoning Code is 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. The developer shall provide an undisturbed buffer with a minimum width of 20' parallel to any right-of-way external to the development. 3. 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. 4. 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 - 5. 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 1 OO-year storm event. The City Engineer shall approve all plans. May 16.2005 8 6. All utilities within the development shall be underground. 7. 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 of2' shall be provided between the back of curb and sidewalk. - 8. The developer shall install a deceleration lane at the entrance for the subdivision. The deceleration lane shall have a minimum length of 150' with a 50' taper. 9. 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. 10. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 11. No debris may be buried on any lot or common area. 12. 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". 13. 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. - 14. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 15. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 16. 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 17. The detention pond shall be placed III the community's common area, and not on residential lots. 18. The development shall be developed with an average lot size of 7,540 square feet. 19. The development shall maintain the following setbacks: Front -15' (minimum driveway length of 19') Rear - 20' Side-IO' - Mav ] 6, 2005 9 20. The fence along Church Road will be of a design to include masonry construction subject to review and approval by the Community Development Director. - Mr. Sams provided details to those present concerning topographical features which tend to militate against achieving the ideal minimum size for every lot. Mr. Sams stated the developer is seeking developmental latitude in this case to configure lots ranging in size from around 11,000 s.f. to about 6,000 s.f. with an overall average of 7,540 s.f. Council Member Wood asked Mr. Sams if this flexibility for lot sizes was taken into consideration by PZB at the time that board made its recommendations in this case, and Mr. Sams answered in the affirmative. Mr. Sams started the PZB recommended that the developer meet the specified average lot size. Mr. Sams reiterated the developer's point concerning developmental constraints that make this flexibility for lot sizes a necessity. At Council Member Smith's request, Mr. Sams provided details to those present regarding the projected square footage of various lots at the proposed development. Mr. Sams stated the flexibility for lot sizes is not being sought in order to increase the density of the development. Council Member Smith asked if there will be a homeowners association (HOA) for the development, and Mr. Sams answered in the affirmative. At Council Member McNabb's request, Mr. Sams provided details to those present concerning the location of the fence around the subject property. Council Member McNabb stated he would like to see some stone or brick design elements incorporated into the perimeter fence plan, and Council Member Lnenicka expressed support for this recommendation. Council Member Lnenicka suggested that the desired fence upgrades be added as a stipulation of the rezoning. Council Member Lnenicka asked Mr. Sams if the applicant will agree to this additional stipulation. Mr. Sams stated the applicant will agree to include some masonry or stone design elements in the fence plan with the understanding that the applicant will not be required to install a solid brick wall. - MOTION: Council Member Smith made a motion to approve Rezoning Request Z05-006 from R-15 to RAD Conditional for a 4.4 acre tract on Church Road for Church Road Partners, LLC for a total of 13 residences subject to the conditions as read. The motion was seconded by Council Member McNabb. Mr. Cochran stated the motion is for an average lot size of 7,540 s.f. as opposed to a minimum lot size of7,000 s.f. Motion was approved 7 - O. (D) Public Hearing - Rezoning Request Z05-007 - R-15 to RAD Conditional - 1.67 Acre Tract - Anderson Circle - Spring Street Investments Mr. Wright stated Spring Street Investments is proposing to rezone a 1.67 acre parcel to accommodate seven single-family residences at a density of 4.19 units per acre. Mr. Wright stated the Planning and Zoning Board voted to recommend approval for seven residences at the April meeting. Mr. Wright stated staff recommends approval of the rezoning request subject to a number of conditions. Honorary Mayor Munive stated this is a public hearing and asked for public comment. There was none. - Council Member Scoggins recognized Mr. Joe Elliott, and at Council Member Scoggins' request, Mr. Elliott provided details to those present concerning the development proposed for the subject property. Mr. Elliott stated the minimum lot size for the development will be 9,000 s.f. Mr. Elliott stated the proposed houses will be built in the craftsman architectural style and will have a minimum size of about 2,400 s.f. Mr. Elliott stated the selling prices of the planned dwellings will start at around $400,000. Council Member Newcomb asked if the applicant will agree to installation of a storm water detention structure with a 20% detention capacity. Mr. Elliott stated there will be a net addition of only two houses on the subject property. Mr. Elliott stated the Mav 16. 2005 10 developer has agreed to cooperate with the city engineer to make certain that adequate storm water management measures are planned for the development. Council Member Scoggins recognized Mr. Ed Hatcher, and Mr. Hatcher stated it will be necessary to study the development plan further in order to ascertain whether or not a higher capacity detention structure can be accommodated on the subject tract. Council Member McNabb stated a stipulation can be added requiring the detention structure to be built to a capacity of the lesser of 20% storm water detention capacity or no more than a 50% increase in the headwall height of the 10% capacity water detention structure. Mr. Hatcher stated he will agree to construct a storm water detention structure with a 20% detention capacity on the subject tract if possible. Council Member Newcomb stated he will be satisfied to allow the final form of the water detention structure to be determined by Messrs. Hildebrandt and Miller based on their review of the development plan. Council Member Smith expressed the view that it would be advantageous to create a combined HOA by adding the owners of these new houses to the membership of an existing HOA for an adjacent development which was built previously, and Council Member Lnenicka expressed support for this recommendation. Council Member Pritchett stated that creation of a combined HOA would depend on the willingness of the various homeowners to participate. At Council Member Scoggins' request, Mr. Miller read the stipulations for the rezoning request to those present as follows: - Standard Conditions (Requirements # 2, 4,8,9, 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. 3. 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. 4. All utilities within the development shall be underground. 5. 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. 6. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. 7. No debris may be buried on any lot or common area. 8. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the - Mav 16, 2005 11 illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". - 9. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 10. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. There shall be a landscaped front entrance, with monument, indicating the name of the development. 11. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 12. 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 13. The development shall maintain the following setbacks: Front - 20' Rear - 20' Side - 5' 14. The final plat for the development shall include a right-of-way dedication of 10' on each side of Anderson Circle per the City Engineer. - 15. During construction plan review, the developer shall investigate a new connection between the internal drive for the lots on the western side of Anderson Circle and the other phases of Spring Street Village. This would eliminate the need for the driveway connection on the western side of Anderson Circle. 16. The developer shall have the option to count existing specimen trees toward the minimum tree density requirements under the following conditions: · No land disturbance occurs within the Critical Root Zone (CRZ), or; · 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) and an inspection by a certified arborist after the final certificate of occupancy is issued and when the bondlletter of credit is requested to be released. Council Member Scoggins asked Mr. Hatcher if he is agreeable to the stipulations. Mr. Hatcher stated he requests to be allowed some latitude in respect to the minimum side yard setback by changing the specification to a minimum side setback of 5.' Mr. Hatcher stated flexibility is needed to allow for topographical considerations, trees and other factors. Mr. Miller stated the city council has discretionary authority to approve a reduction in the minimum side yard setback in this case if that is what they wish to do. - MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z05-007 Mav 16, 2005 12 from R-15 to RAD Conditional for a 1.67 acre tract at Anderson Circle for Spring Street Investments subject to stipulations as agreed upon by Messrs. Elliott and Hatcher. Council Member McNabb asked for clarification regarding storm water detention capacity requirements for the proposed development. Council Member Newcomb stated the applicant has agreed to allow the final form and capacity of the water detention structure to be determined by Messrs. Hildebrandt and Miller based on their review ofthe development plan. Council Member McNabb stated that, although there will not be a large net increase in the number of structures on the subject tract, there will be a 40% increase in density on the property and that the planned houses are deeper than the existing ones. Council Member McNabb stated he believes the amount of impervious surface on the subject tract will double. Council Member McNabb stated he believes efforts should be made to make certain that adequate storm water detention measures are provided for the planned development. Mr. Hatcher stated that there is no detention structure currently in place for the existing houses, and that planning for 7 houses with a detention factor of at least 10% will be a significant improvement over the existing arrangement. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Approval of Appointment of Ward 2 Representative to the Planning and Zoning Board Council Member Newcomb stated Peter Stelling is moving, and for this reason he has resigned from PZB. Council Member Newcomb expressed appreciation to Mr. Stelling for his service on the PZB. Council Member Newcomb stated Ms. Andrea Blustein, who has served previously on PZB, has expressed interest in once again serving as a board member. - Motion: Council Member Newcomb made a motion to appoint Andrea Blustein to serve out the unexpired term ending December 31,2005 as Ward 2 representative to the Planning and Zoning Board. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval of May 2,2005 Minutes (B) Approval of May 12,2005 Minutes - Special Called Meeting (C) Approval of concert site, location and street closing for a concert by the Navy Jazz Ensemble and for a Flight Simulator Demonstration on May 26,2005 at 7:00 p.m. in the area of the 20th Century Veterans Memorial The recommended locations are as follows: Market Village fountain area and the Veterans Memorial. Given the proximity to Memorial Day and the opportunity for the flight simulator, it has been determined that the Veterans Memorial site will be the best location. If the flight simulator is included, King Street from Banks Street to the Village Green Circle would be closed (perhaps from early afternoon through the end of the - May 16, 2005 13 concert for the flight simulator). It is requested that Council approve concert site, location and street closing. - (D) Approval of Temporary Closure of Hawthorne Circle for a Block Party of Monday, May 30,2005 from 12:00 Noon until 8:00 p.m. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those present regarding recent Public Works Department projects and sanitation service schedules for the upcoming holiday. Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present concerning current Keep Smyrna Beautiful (KSB) activities. Council Member Pritchett thanked KSB, the Parks and Recreation Department and the Public Works Department for their efforts to make certain that Campbell High School looked especially good during Vice President Cheney's recent visit. Council Member Newcomb recognized Mr. Miller, and Mr. Miller provided details to those present concerning current building permit statistics. Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott had no report. - Council Member McNabb provided details to those present concerning progress on the special overlay district zoning project. Council Member McNabb expressed appreciation to Mr. Miller for his work on this project. Council Member McNabb stated the final results of the Pretty Branch Creek drainage basin study, which will be taken into account when the overlay district plan is considered, are expected to be available soon. Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present regarding the evaluation of possible project management consultants for upcoming parks bond projects. Mr. Ciaccio provided details to those present regarding participation statistics for youth athletic programs and other activities. Mr. Ciaccio provided details to those present regarding recent park ranger operations. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning the upcoming concert by the Navy Jazz Ensemble and the flight simulator demonstration. Ms. Bennett reminded those present that there will be a Memorial Day ceremony at the Veterans Memorial. Council Member McNabb commended Ms. Bennett for her work on the design of special Memorial Day commemorative lapel pins. Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided statistics concerning current library use to those present. Mr. Seigler provided details to those present concerning recent and upcoming library programs and events to those present. ... Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present concerning positions for which the City is currently recruiting. Mr. Corey provided details to those present concerning training scheduled for City personnel. Mav 16. 2005 14 Council Member Lnenicka thanked Honorary Mayor Munive for presiding over the evening's proceedings. Council Member Lnenicka congratulated Council Member Wood on being recognized as the South Cobb Citizen of the Year. - Council Member Lnenicka recognized Chief Lanyon, and Chief Lanyon provided details to those present concerning progress on the construction ofthe new fire station building on Spring Road. Council Member Lnenicka commended Lt. Hegwood for his service to the community. Council Member Lnenicka recognized Chief Hook, and Chief Hook commented favorably on Lt. Hegwood's professionalism. Chief Hook provided details to those present concerning an altercation which occurred recently when two police officers were conducting an investigation. Chief Hook stated the two officers sustained injuries which have fortunately proven to be not life threatening. Chief Hook provided details to those present concerning subjects apprehended in the City in connection with car-jacking and another incident in which a burglary suspect was arrested. Council Member Lnenicka wished the injured officers a speedy recovery and expressed appreciation for their service. Council Member Lnenicka provided details to those present concerning the recent base realignment and closure (BRAC) measures being taken by the Department of Defense. Council Member Lnenicka provided details to those present concerning recent overseas deployment of U.S. military personnel. Council Member Lnenicka stated that 98% of Georgia National Guard personnel will be combat veterans and that this is a remarkable statistic. Council Member Lnenicka stated these members ofthe armed forces should be thanked for their service. Council Member Lnenicka stated there will be a Memorial Day ceremony at the Veterans Memorial. Council Member Lnenicka stated that there will be an upcoming concert by the Navy Jazz Ensemble here in the City. Council Member Lnenicka thanked everyone for their support during his father's recent hospitalization. - Council Member Wood provided details to those present regarding progress which is being made on the budget for fiscal year 2006. Council Member Wood reminded everyone that school will soon recess for the year, and urged everyone to drive carefully. Council Member Wood thanked Honorary Mayor Munive for presiding over the evening's proceedings. Mr. Wright commended Honorary Mayor Munive for the exemplary manner in which he presided over this meeting. CITIZENS INPUT: Honorary Mayor Munive recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry provided details to those present regarding changes to the County's animal control regulations. Mr. Backry recommended that these changes be made a part ofthe City's animal control ordinance. Mr. Backry provided details to those present concerning animal control policies relating to coyotes. Mr. Backry made suggestions to the present officials regarding procedures for collecting feedback from City employees. Honorary Mayor Munive recognized Mr. Garry Osborne, residing at 1675 Rose Moss Court, and Mr. Osborne commended Honorary Mayor Munive for the manner in which he presided over this meeting. Mr. Osborne asked the city council to consider scheduling the citizens input segment of council meeting agendas at the beginning ofthe meetings. Mr. Osborne stated he believes the - May 16,2005 15 current policy regarding the scheduling of citizens input is shortsighted. Mr. Osborne asked when sidewalks will be installed along Concord Road. Mr. Osborne commented favorably on the efforts made by Ms. Kirk and the associates ofKSB to help improve the appearance of the City. - Honorary Mayor Munive thanked the city council for the opportunity to preside over the evening's proceedings. ADJOURNMENT: With no further business, the meeting was adjourned at 10:44 p.m. ,JV 71, ~ N D. HIOTT, CITY CLERK '/7 ! : I 4. .:r~- J J I <~~ ~Q/eII(LtA,--o 0., ^.JL MJ\LE Y r"rlErr, WARD I RON NEWCOMB, WARD 2 - ~~ CHARLES PETE WOOD, WARD 7 - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 632 Acres 0.318 2005-8 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on May 16, 2005 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners ofthe area to be annexed and of the citizens ofthe municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and - NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A. " BE IT ALSO ORDAINED that the Official Map ofthe City of Smyrna be amended to show the annexation of said property. SO ORDAINED by the City Council of the City of Smyrna, this 16th day of May, 2005. ~ /0 I't:~~- A. Max Bacon, Mayor ~~D, Wn;9ir Susan D. Hiott, City Clerk City of Smyrna - l~ Scott A. Cochran, City Attorney City of Smyrna - Ordinance #2005-8 Exhibit A All that tract or parcel ofland lying and beiIlg in Land Lot 632, 17rb Distich 2nd Section, Cobb County, Georgia, being Lot 37, Woodland Subdivision as per plat rcoorded in Plat Book 10, Page ii, Cobb County records, cotltaicing within said bounds 13,861.0 square feet or 0.318 acres and being more particularly described as follows; BegiM~& It the inter3cction of the westerly RJW of~adi9on Street, said RlW being SO' in width, with the north RJ\\'" of Spring Street, said RfW being 40' in width, th~ce 588009 '30"W along said north R/W of Spring Street for a distllIlCe of 111.63' to an iron pin; thence NO! 030'00',\\- for a distance oClOl. 78' to an iron pin; thence NSgoSS'03"E for a distance of 133.06' to an iron pin located on the westerly RJW of Madison Strect; thence southerly along the westerly R/Vv" of Madison Street, and following the curvature thereof an Me distance of 70.29' to a point, said.Arc being subtcndcd by a chord of S08~2'19"E for 70.16'; thence continuing along said westerly RJW and follcwini the curvature thereof an Arc distance of 47.32' to the north RIW ofSprin& Street also being the poir.t of beginning, said Arc being subtended by a chord ofS.UOSS'06"W for 42.57'. - - ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 632 Acres 0.283 2005-7 WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code of Georgia Annotated to allow annexation of property; and WHEREAS, the owners of 100 percent ofthe land described in Exhibit "A" attached hereto have been notified of the City's desire that their property be annexed into the City of Smyrna as shown on said Exhibit; and WHEREAS, the City of Smyrna held a public hearing on such on Mav 16, 2005 after first providing notice as required by law; and WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation of said property into the municipality would be in the best interests of the property owners of the area to be annexed and of the citizens ofthe municipality; and WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the annexation of said property passed by a majority vote without veto; and - NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of the City of Smyrna be amended and the same is hereby amended by adding to the description of the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit "A. " BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the annexation of said property. May, 2005. SO ORDAINED by the City Council of the City of Smyrna, this 16th _ day of r~~ A. Max Bacon, Mayor ~ 'I . rU D. c;6~~ Susan D. Hiott, City Clerk City of Smyrna - Scott A. Coc ran, City Attorney City of Smyrna Ordinance #2005-7 Exhibit "A" - All that crace or parcel of l4nd lying and being in Land iDe 612 of the 17th DU trice, 2nd Sdction, Q)bb Ca..lcy, Georgia. .,d be 1zlg Lot 53 of \Ioodl.nd Subd1.visiat as pet' plat of said aubd1.v1slon reCXJrded in Plat Book 11, page 15, Office of the Cleric. of the ~lor Court of Cobb C'Dlllry, Georgia, md being lnOt'c particularly described as follCJol9; BEG~ at a point en the DOrdwrly right of way line of Sprtng Street, u~ point being located 140 f~ westerly fn:m the int.!rsectim fot'lh!d.by the northerly rtgJ:tt of W&'J of Spring Street and the Wl!.Icerly r1.glJt of way of Madison Street; N"I'l1ng thence in . ~terly dlrectim alcng eN nonherly side of Spring Str~t 100 f~t to an 1rat pin located 00 the northerly right of Yay 1iJ1e of Sprins Street 3f\d alao loated at: the acutheasterly CXJtner of wt S2, .aid lubdivisim. fU'lni..ng ~c:e in a northerly directim along the 11ne dividing lDu 52 and 53, said albdi.vi.sion, . dist~ce of 143.2 feet to an UCX\ pin; nndng thence in a awtheuterly direct:1at a distance of 109 feet to 811 iron pin; n.n1ng thence in a sa.itherly direct.ion along the line dividing Lots 37 and 53 uid subd1.v1a1.on. a di.&t:anc.e of 100 feet to an iroo pin 1oc.ated on the northerly r1gt'tt of tRy line of Spring Street a'ld the poine of begiming. Said PLoperty is kno.I1 as 1753 Spring Street accord:iJ1g m the present .yacern of rumerlng hcuses .1n Cobb C"omty, Georgia. - -