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06202005 June 20, 2005 June 20, 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 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, Personnel Officer Jay Joseph, City Engineer Ken Hildebrandt, Community Development Director Chris Miller, Community Relations Director Jennifer Bennett, and representatives of the press. Invocation was given by Council Member McNabb, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda item #4 (A) (1) and (2) "a." through "i.,"( Annexation and Rezoning Requests - Church Road and Groover Drive - Easlan Real Estate Acquisitions, LLC) will be tabled until the July 5, 2005 council meeting. MAYOR'S REPORT: There was none. LAND ISSUES/ZONINGS/ ANNEXATIONS: (A) Annexation and Rezoning Requests - Church Road and Groover Drive - Easlan Real Estate Acquisitions, LLC - (1) Public Hearing - Rezoning Request Z05-009 - 6.844 Acre Tract - Cobb County R-20 and Tourist Services [TS] to RAD Conditional- Land Lot 752, Church Road and Groover Drive- Easlan Real Estate Acquisitions, LLC Mr. Miller stated Easlan Real Estate Acquisitions, LLC is proposing to rezone a 6.84 acre parcel to accommodate twenty-nine single-family residences at a density of 4.24 units per acre. Mr. Miller stated staff and the Planning and Zoning Board (PZB) recommend approval of the request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to table Rezoning Request Z05-009 for a 6.844 Acre Tract from Cobb County R-20 and Tourist Services [TS] to RAD Conditional for Land Lot 752, Church Road and Groover Drive for Easlan Real Estate Acquisitions, LLC until the July 5, 2005 council meeting. The motion was seconded by Council Member Smith. Motion was approved 6 - O. (Clerk's Note: Council Member Newcomb was not present at the time of this vote) (2) Approval of Annexation Requests {I 00% of owners requesting annexation} a. Annexation Request - Tract I - 1.610 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Prateen V. Desai, Prasanna V. Kadaba and Jaikrishnan Kadambi - June 20. 2005 2 b. Annexation Request - Tract II - 0.415 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Prateen V. Desai, Prasanna V. Kadaba and Jaikrishnan Kadambi - c. Annexation Request - Tract III - 0.383 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Michael Boatright d. Annexation Request - Tract IV - 0.495 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Ellen Cooper e. Annexation Request - Tract V - 0.875 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Ellen Cooper f. Annexation Request - Tract VI - 0.423 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Jess Kight and Paul McParland g. Annexation Request - Tract VII - 1.282 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Jess Kight and Paul McParland h. Annexation Request - Tract IX - 0.408 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - Dolores Cagle I. Annexation Request - Tract X - 0.863 Acre Tract - Land Lot 752, as described on Survey dated 3.31.05 by Land Development Surveyors, Inc. - John Hill MOTION: Council Member Wood made a motion to table annexation requests 4 (2) "a." through "i." until the July 5, 2005 council meeting. The motion was seconded by Council Member Smith. Motion was approved 6 - O. (Clerk's Note: Council Member Newcomb was not present at the time of this vote) - (B) Public Hearing - Variance Request V05-021- Reduction of Setback Requirements - 4000 Lee Road - Pine Ridge Development Group Mr. Miller stated Pine Ridge Development Group (PRD) has requested a number of variances for a subdivision at 4000 Lee Road. Mr. Miller stated staff recommends approval of the request subject to a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Council Member Lnenicka recognized Mr. Richard Calhoun, representing PRD, and Mr. Calhoun introduced Messrs. Mark Fagiola, Brian Sadler and Michael Finn from PRD to those present. Mr. Calhoun stated PRO is requesting a number of variances for the site plan. Mr. Calhoun provided details to those present concerning numerous conditions for the subdivision which PRO has agreed to as set forth in a letter from Brock, Clay & Calhoun, PC to the city council dated June 20, 2005. (Clerk's Note: A copy of the referenced letter is appended hereto as Exhibit "A") Council Member Lnenicka expressed appreciation to Mr. Calhoun and the applicants for cooperating with staff and residents of the affected area when formulating a plan for the - June 20, 2005 3 subdivision. Council Member Lnenicka asked Mr. Calhoun and the applicants if they would be agreeable to the addition of a sentence to item #13 of the June 20, 2005 letter as follows: - All driveways will be a minimum of 20' in length. Council Member Lnenicka stated this will allow sufficient space for a vehicle to be parked in the driveway without extending into the adjacent roadway. At Council Member Lnenicka's request, Mr. Calhoun provided details to those present concerning the planned houses. Mr. Calhoun stated the planned houses will range in price from around $500,000 to $750,000 or more. Mr. Finn provided information concerning architectural details of the houses to those present. Council Member McNabb expressed appreciation to Mr. Calhoun and the applicants for cooperating with staff and residents of the affected area when formulating a plan for the subdivision. Mayor Bacon recognized Mr. David Korski (phonetic), residing in Old Vinings Mill, Lot 21, and Mr. Korski expressed concerns about possible reduced setbacks without buffer measures. Mr. Korski expressed the view that vegetative buffers are not effective during the winter months when they are devoid of foliage. Mr. Korski stated he would like to have a landscape buffer provided along the rear of his property line. Mr. Korski stated he will oppose the setback reduction request if no buffer is provided. Mayor Bacon recognized Mr. Andrew von Kleydorff, residing at 4053 Vinings Mill Trail, and Mr. von Kleydorff thanked Council Member Lnenicka and Mr. Miller for the efforts they have made in connection with this matter. Council Member Lnenicka asked Mr. von Kleydorff if he is satisfied with the negotiated changes to the plan, and Mr. von Kleydorff answered in the affirmative. - Mayor Bacon recognized Ms. Mary Rose Barnes, President of Oakdale Community Association, and Ms. Barnes asked Mayor Bacon if any changes will be made to the row of mai I boxes located at the corner of Pine Ridge and Wesley Road. Ms. Barnes expressed the view that these mailboxes are unsightly. Mayor Bacon stated that mail delivery at that location will not be discontinued. Mayor Bacon stated he will investigate the referenced mailboxes to make certain adequate accommodation is made to the affected postal patrons. Council Member Lnenicka asked Mr. Calhoun if the applicant will be willing to add a condition # 16 to the letter from Brock, Clay & Calhoun, PC to the city council dated June 20, 2005 to the effect that the developer will agree to not disturb any existing large trees on the west side of lot # 13 in the side yard setback. Council Member Lnenicka asked Mr. Calhoun if the applicant will agree to comply with Cobb County stipulations still applicable to the subject property, and Mr. Calhoun answered in the affirmative. Council Member Lnenicka asked Mr. Calhoun if the applicant is agreeable to complying with the conditions set forth in the letter from Brock, Clay & Calhoun, PC to the city council dated June 20, 2005 with the addition of the sentence pertaining to driveway length, and Mr. Calhoun answered in the affirmative. Council Member Lnenicka expressed appreciation to everyone involved in the planning of this development, and stated that the subdivision will be a nice addition to the community. - MOTION: Council Member Lnenicka made a motion to approve Variance Request V05-021for reduction of specified setback requirements at 4000 Lee Road for Pine Ridge Development Group subject to stipulations in the staff recommendations dated June 20, 2005 and the conditions set forth in the letter from Brock, Clay & Calhoun, PC to the city council dated June 20, 2005 including the addition of the sentence to item #13 pertaining to driveway length. (Clerk's Note: June 20. 2005 4 A list of conditions for the variance request formulated by City staff is appended hereto as Exhibit "B") The motion was seconded by Council Member Wood. Council Member Scoggins commended Council Member Lnenicka, the residents of the subject area and the developer for this effort to improve the community through the addition of this new subdivision. Motion was approved 7 - O. - (C) Public Hearing - Variance Request V05-020 - Reduction in Front Setback Requirement- Cooper Lake Road at East West Connector - Tennis Development, LLC Mr. Miller stated the applicant is requesting to reduce the front yard setback at the subject location from 50' to 35,' and that staff supports the request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. At Council Member Wood's request, Mr. Tennis provided details to those present concerning the need for the requested variance. Mr. Tennis provided a graphic representation of the medical office building planned for the subject property for examination by the present officials. Council Member Wood asked Mr. Hildebrandt if he has reviewed the proposed building plans for storm water management measures and accessibility to utilities. Mr. Hildebrandt stated that water service is available to the site, and that a proposal to utilize a storm water detention structure at a nearby daycare center for drainage has been discussed. Mr. Hildebrandt stated options for sewer service have been discussed, but that no concrete plans for provision of sewer service have been established. Mr. Tennis provided details to those present regarding two options for providing sewer service to the subject site which are under consideration. Council Member Lnenicka asked Mr. Tennis to provide details to those present concerning landscaping planned for the proposed project, and Mr. Tennis stated that a landscape plan for the proposed project has not yet been prepared. Council Member Lnenicka asked Mr. Tennis if he proposes to install suitable landscaping at the subject location. Mr. Tennis stated that many of the proposed structures will be owner occupied, and that he expects the owners will plan to install appropriate landscaping. - MOTION: Council Member Wood made a motion to approve Variance Request V05-020 for a reduction in front yard setback requirement from 50' to 35' at Cooper Lake Road at East West Connector for Tennis Development, LLC. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (D) Public Hearing - Special Land Use Permit Request Z05-011-Installation of New Monopole - 591 Pat Mell Road - Green Acres Baptist Church Mr. Miller stated that staff has reviewed the application and recommends approval of this special land use request. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Smith recognized Mr. Jeffrey Evans, and asked Mr. Evans to provide details to those present concerning the proposed monopole installation. Mr. Evans thanked the City staff for their assistance with the application for this project. Mr. Evans stated the monopole is needed to ensure that adequate service is being provided for Powertel cellular service customers in this area. Mr. Evans stated a 19' by 50' area of the subject property will contain the fenced installation and that this installation will be screened by a landscape buffer as required by City ordinances. Mr. Evans showed a graphic representation illustrating the proposed location of the monopole installation to the present officials. Mr. Evans stated that the proposed monopole - June 20, 2005 5 - features a 911 signature, a technical measure which routes cellular calls for 911 service to the appropriate dispatch center. Mr. Evans stated that the additional revenues generated by this site lease should assist the congregation of Green Acres Baptist Church with realizing their ambitious plans for serving the community. Council Member Lnenicka asked Mr. Evans if the installation will be in compliance with all Federal Aviation Administration (FAA) regulations, and Mr. Evans answered in the affirmative. Council Member Lnenicka asked Mr. Evans if the proximity of the installation to the Lockheed-Dobbins-NAS Atlanta area will not cause any interference or other problems for those facilities, and Mr. Evans answered in the affirmative. MOTION: Council Member Smith made a motion to approve Special Land Use Permit Request Z05-0 11 for installation of monopole at 591 Pat Mell Road at Green Acres Baptist Church. The motion was seconded by Council Member Wood. Motion was approved 7 - O. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Public Hearing - City of Smyrna Fiscal Year 2006 Proposed Budget Mr. Miller stated in accordance with pertinent regulations a public hearing was held on June 6, 2005 during which the proposed fiscal year (FY) 2006 budget was summarized, and that the intent of the city council to approve the proposed budget on June 20, 2005 was announced. - Council Member Wood provided details to those present concerning the FY 2006 budget. Council Member Wood stated the combined overall increase for the budget is $1,557,580 or 3.22%. Council Member Wood stated the budget is based on a tentative City property tax millage rate of9.65 mils which represents no change from the previous budget. Council Member Wood stated the millage rate cannot be set until the property tax digest becomes available. Council Member Wood stated the total budget is $49,909,166. Council Member Wood recognized Ms. Edgar, and Ms. Edgar thanked the City's officials and stafffor their cooperation and assistance during the process of formulating the budget. Council Member Lnenicka thanked Ms. Edgar and the Finance Department staff and other members of the City's management staff for the efforts they put forth during the budget process. Council Member Lnenicka provided details to those present concerning information which was recently published in the Marietta Daily Journal pertaining to the City's budget in 1980. Council Member Lnenicka stated the residents of this community are fortunate that the City's financial position continues to be relatively strong and that the City's leadership does not have to face some of the difficult budgetary decisions which leaders in many other localities must come to terms with. Council Member Lnenicka stated it is important for the residents of this community to understand that this is a balanced budget. Council Member Lnenicka stated the City budget must be fair to City taxpayers, and that the public's resources must be used judiciously. Council Member Wood asked Ms. Edgar if it is correct that the budget reflects the increase in the monthly sanitation fee of $1.00 per account for customers utilizing the in-ground can system for twice weekly pickup, and Ms. Edgar answered in the affirmative. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - MOTION: Council Member Wood made a motion to approve the proposed Fiscal Year 2006 budget in the amount of$49,909,166. The motion was seconded by Council Member Lnenicka. June 20. 2005 6 Council Member Newcomb expressed appreciation to Ms. Edgar for her efforts through the years to provide balanced budgets for the City government. Council Member Newcomb stated the budget is based on a property tax millage rate which has not increased. Council Member Newcomb stated this is the fourteenth consecutive time he has voted on a budget based on a millage rate which has either remained unchanged or has been lowered. Motion was approved 7 - O. - COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: Council Member McNabb thanked the citizens for approving the parks bond measure which will be funding two of the items on this agenda. Council Member McNabb provided details to those present concerning some of the parks and recreation improvements which will be purchased using these funds. (A) Approval of June 6, 2005 Minutes (B) Approval of Dates for 2006 City of Smyrna Community Events The 2006 schedule needs to be set and staff recommends setting the following event dates for 2006: Saturday, April 29 - Jonquil City Jog Saturday & Sunday, April 29 & 30 - Spring Festival Saturday, May 13 - 151 concert Saturday, June] 0 - 2nd concert Saturday, July 8 - 3rd concert Saturday, August 5 - Birthday Celebration Saturday, Sept. ] 6 - Spice of Life Saturday, & Sunday, October 28 & 29 - Fall Festival - (C) Bid Award RFP #5-026 Public Works requested proposals for the replacement of 60" storm sewer pipe on Wells Drive. Six vendors were solicited for bids with three responding with the following: Wane Coots Co. K.M. Davis Cont. D & H Construction $394,480.00 $294,480.00 $293,545.00 Due to the bid amounts it was necessary to negotiate a reduction in scope to reduce costs. The lowest bidder could not be contacted after several attempts. The second lowest bidder negotiated their scope of work and reduced the cost of this project to $26],776.00. Public Works staff and Purchasing recommended bid award to K. M. Davis Contracting for $26],776.00. (D) Request for Bids - Installation of sanitary sewer main in the Austin Drive area from R & E Funds Public Works is requesting to solicit bids for the installation of sanitary sewer main in the - June 20, 2005 7 Austin Drive area. This area was annexed a few years ago and does not currently have sanitary sewer. Water and Sewer R & E funds will be used for this project. Public Works recommends this project be put out for competitive bids. - (E) Approval of Water & Sewer System Tap Fee Structure Public Works is requesting approval for the proposal to increase the City of Smyrna Water and Sewer System Tap and Installation Fee Structure. 1989 was the last time the Water and Sewer Tap and Installation Fee Structure was last updated. Due to substantial increases in metal and plastic prices and increases in labor costs, current fees do not cover the actual costs associated with the installation of water and sewer system appurtenances. Public Works staff recommends approval of the revised Water and Sewer System Tap Fee Structure. (F) Approval of Disposal of Surplus Vehicles and Equipment The Cobb County Auction will be held on July 9, 2005. The city has a number of vehicles and equipment that are no longer of serviceable use. (G) Approval of Bid Award for Fitness Equipment atthe Community Center (2005 Parks Bond Referendum) Staff is recommending Life Fitness as the commercial grade equipment manufacturer for purchase of 10 pieces of fitness equipment. (H) Approval of Pay Plan Update as recommended by the Archer Company The city's pay plan was originally put in place by the Archer Company (then doing business as DMG-MAXIMUS) in 1998, and has been maintained cooperatively with the City's Human Resources Department since that time. The overall goal of the pay plan update was to update Smyrna's pay plan to ensure that it is competitive. (I) Approval of Increase for the monthly sanitation fee by $1.00 for customers utilizing the in-ground system for twice a week pickup. This increase is necessary to pay for the increase in expenditures associated with the in- ground, twice a week pickup system such as man power and insurance costs. The monthly rate will increase from $17.50 to $18.50 with twice a week pickup. This will not affect customers with curb carts. - (1) Bid award for replacement lighting system at Ward Park (2005 Parks Bond Referendum) The lighting system at Ward Park is insufficient for (Campbell High School) baseball play. Allstar Lighting and Electrical Service is recommended for lighting system at Ward Park. Included in this bid is the removal and replacement ofthe outfield poles. Eighty foot poles will replace the existing ones. Sixty-eight, 1500 watt fixtures will replace all lighting fixtures presently at the field. The existing electrical service and infield poles will remain. Allstar will also trench and install new wiring to all poles. This bid process has been conducted in conjunction with Cobb County parks authorities, and Cobb County contract pricing will apply to work to be done for the City. (K) Bid award for asphalt pavement for Chuck Camp Park; RFP 5-025In accordance with requirements, this federally funded bid was advertised in the MDJ for three consecutive weeks. Six vendors attended the mandatory pre-bid meeting on June 7 with three submitting bid proposals on June 14. As a stipulation ofthe bid, work will be conducted after August 1, 2005 and completed by September 9 so that youth sport league activities - June 20, 2005 8 will be minimally inconvenienced. A ward of bid to Baldwin Paving, the qualified low bidder, for asphalt pavement work at Chuck Camp Park is recommended. (L) Ratification of Resolution to submit a pre-application for funding from the Land and Water Conservation Fund (LWCF) The L WCF makes matching funds available to local governments for acquisition of property and for parks and recreation projects. In order to qualify for award of this funding, the City must certify its ability and intention to finance 50% of total project cost and begin the process of preparing appropriate documentation required in connection with the LWCF application. At the regularly scheduled agenda meeting on June 16, 2005, Mayor Bacon signed a Resolution declaring the City's intent to provide sufficient matching funds and proceed with the filing of the funding application. It is recommended that the previously signed Resolution be ratified by the city council and that the application process for L WCF funding be allowed to begin. - (M) Approval of construction of a sewer line extension on North Cooper Lake Road The proposed sewer line will extend approximately 1,240 feet northward from West Cooper Lake Drive. R & E funds will be used to pay for this project. Because North Cooper Lake Road is scheduled for resurfacing this year, proceeding with this project in a timely manner is recommended in order to avoid disrupting the resurfaced roadway. MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those present regarding 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 activities. Council Member Pritchett encouraged all citizens to consider the upcoming SPLOST measure and to vote on this proposal in the way which they believe best serves their interests. 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 provided information pertaining to current court operations to those present. Ms. Hiott stated that document imaging software has recently been installed at City Hall, and that weekly Spanish language training is currently being conducted for court services personnel. Council Member McNabb recognized Ms. Bennett, and Ms. Bennett had no report. Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present regarding various parks and recreation improvement projects to be funded through the parks bond measure. - June 20, 2005 9 - 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. Council Member McNabb encouraged parents to expand their children's education by taking them to the library to borrow and read books. Council Member McNabb thanked Mr. Seigler for his leadership. Council Member Smith recognized Mr. Joseph, and Mr. Joseph commented favorably on the pay plan approved by the city council at this meeting. Mr. Joseph provided details to those present concerning positions for which the City is currently recruiting. Council Member Lnenicka recognized Chief Hook, and Chief Hook had no report. Council Member Lnenicka recognized Chief Lanyon, and Chief Lanyon provided details to those present concerning progress on the construction of the new fire station building on Spring Road. Council Member Lnenicka commented favorably on the Forest Hills home tour which was conducted recently. Council Member Lnenicka wished everyone a happy Independence Day, and urged everyone to drive safely. Council Member Lnenicka thanked Mr. Miller for his service at this meeting as acting city administrator. Council Member Wood recognized Ms. Edgar, who had no additional report. CITIZENS INPUT: - Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry expressed the view that the City's organization chart should be revised to reflect the transfer of probation services to the police department. Mr. Backry expressed the view that certain regulations do not allow City personnel to work in both the police department and the probation department. Mr. Backry stated he has information which indicates that having one person working in both the police department and the probation department is a conflict of interests. Mr. Backry stated that staffing levels at the City police department are low, and that this is a source of concern to him as it relates to the safety of the City. Mayor Bacon recognized Mr. Lemuel Ward, residing on Spring Street, and Mr. Ward provided details to those present regarding a fundraiser community garage sale to be held in his neighborhood on June 25. Mr. Ward stated the proceeds of the sale will be used for a neighborhood beautification project. Mr. Ward thanked Council Member Scoggins for his support and assistance in organizing this event. ADJOURNMENT: With no further business, the meeting was adjourned at 9:23 p.m. - June 29. 2005 jt?~ 10 A. MAX BACON, MAYOR - 6'44tM~ BILL SCOGGIN RD 3 {P~ ~~ CHARLES PETE WOOD, WARD 7 RON NEWCOMB, WARD 2 ~J2i r~ rJil MIC AEL McNABB, A 4 vJ(Jlj)~L WADE S. LNENICKA, WARD 6 - - r , June 20, 2005 , BROCK : CLAY Exhibit "A" BROCK,CLAY & CALHOUN, F.e. 49 Atlanta Street Marietta Georgia 30060 Telephone: 770.422.1776 Facsimile: 770.426.6155 www.brockclay.com Attorneys at Law Richard W. Calhoun E-mail: realhounla)brockclay.com Direet Dial: 678.784.3502 June 20, 2005 Mayor Max Bacon City of Smyrna 2800 King Street Smyrna, GA 30080 RE: Variance Application No. V05021 Pine Ridge Development Group, LLC ("Owner") 4000 Lee Road (7.542 acres) Dear Mayor Bacon and Council Members: ~ Please accept this as the owner's proposed conditions to the grant of the above-referenced variances. This letter is the product of a meeting and agreement reached June 18, 2005 between the Owner and various residents and members of the Old Vinings Min (OVM) Homeowners Association, (HOA) including the von Kleydorffs, whose home is closest to the proposed development. This letter supersedes the Owner's June 16, 2005 letter of proposed conditions. To the extent that the requested variances are in contlict with this letter, the conditions set forth in this letter shall controL All references herein are to the 5-18-05 site planl for Vinings Heritage Manor by Paul Lee Engineering & Consulting, and to the recorded subdivision plat for Old Vinings Mill recorded @P.B. 162 p. 49. 1. Minimum house size: 2,400 square feet. 2. Minimum two-car garages, with some homes having three-car garages. 3. Traditional architecture on all homes, with minimum three sides being a mixture of brick, stone, or stucco. Homes adjacent to Old Vinings Mill Subdivision shan have hard exteriors on all sides. 4. Mandatory homeowners association with strict architectural controls. Sadler Drive shall be a private road and shall be maintained by said homeowners association. 5. Sodded front, side and rear yards. ~ IPlease note that the listing of "Exterior Front Setbacks" for lots 1 19 contains an error, and should be described at 25' to ] 0' as is shown on said plan. r Mayor Max Bacon June 20, 2005 '\. Page 3 6. Underground utilities. 7. Landscaped and irrigated features throughout the development and at its entrance on Pine Ridge Road. 8. Subdivision entrance signage on Pine Ridge Road shall be ground-based, monument style, irrigated, and consistent with provisions of the City's Sign Ordinance. 9. On lot 13 of the proposed development a 20 foot rear building set back adjacent to OVM shall be observed. 10. On proposed lot 14 adjoining the von Kleydorff property (lot 22 OVM) a 30 rear foot building set back line shall be observed, and the Owner shall provide to the van Kleydorffs $7,000 to be expended toward planting of additional vegetative screening material on the van Kleydorff property. 11. The Owner will convey to the OVM HOA by Quit Claim Deed all right title and interest which it may have to the area comprising the foundation of the old mill building as shown on the owner's proposed subdivision site plan. ~ 12. Along the western boundary of the subject property (from the northeast corner of the van Kleydorff property to the northwest corner of the subject property, the Owner will plant a single row of 10 foot Leland Cypress or Cryptomeria. In areas adjacent to existing Leland Cypress on the OVM HOA property, these plantings shall be staggered to fill in between the OVM HOA trees. Said plantings shall be maintained by the new homeowner's association which will be established by the Owner for the proposed new subdivision. 13. A 30 foot rear building set back line shall be observed on proposed lots 15 and 16. In the event that any portion of proposed lot 17 adjoins the pool or pool patio area of the OVM HOA, a 30 foot rear set back shall also be observed for lot 17. On any oflots 15, 16, or 17 for which a 30 foot rear set back line is observed, a corresponding front set back line of 5 feet shall also be observed. 14. On lot 18 (and on lot 17 if no portion oflot 17 adjoins the OVM HOA pool or pool patio) a 20 foot rear building set back line shall be observed. 15. The owner of the subject property shall remove from its property the old chain linklbarbed wire fence along the OVM subdivision boundary, and shall replace same with a 6 foot wooden fence parallel to the OVM subdivision fence, leaving sufficient room between said fences for maintenance. Care will be used to avoid damaging any large trees in the area where the new fence is to be installed. -- " Mayor Max Bacon June 20, 2005 '\. Page 3 We are pleased that we were able to reach an acceptable compromise with respect to the requested rear building line set back variances adjacent to the Old Vinings Mill Subdivision, and respectfully request that Pine Ridge Development Group, LLC's requested variances, as modified by this letter, be granted. Yours truly, BROCK, CLAY & CALHOUN, P.C. Richard W. Calhoun For the Firm RWC:jkc cc: Mark Fagiola Brian Sadler Michael Finn '-" Chris Miller, Community Development Director Scott Cochran, Esq. Old Vinings :Mill HOA Andrew von Kleydorff L'home\clients\1'inc Ridge De.ve.iopment P1NRD.05243\Max Bacon ItL 6.20.05.",rpd,wl'd '-" June 20, 2005 Variance Request V05-021- Reduction of Setback Requirements - 4000 Lee Road - Pine Ridge Development Group - Exhibit "B" . Lots 1-2 and 13: Requestto reduce the exterior front setback from 25' to 20'. . Lots 1-28: Request to reduce the side interior setback from 7.5' to 5'. . Lots 1,3, 12, 13, and 28: Request to reduce the exterior side setback from 25' to 20'. . Lots 2-3 and 10-14: Request to reduce the rear interior setback from 30' to 15'. . Lots 1 and 19: Request to reduce the rear exterior setback from 40' to 20'. . Lot 14: Request to reduce the rear yard exterior setback from 40' to 30' . Lots 15 - 17: Reduce the rear yard setback from 40' to 30' adjacent to the Old Vinings Mill pool area. . Lots 17 - 18: Reduce the rear yard setback from 40' to 20' adjacent to the Old Vinings Mill tennis court area. The following stipulations shall be added as well: 1. A row of 10 foot tall Leyland Cypress, Cryptomeria or other screening material approved by the Community Development Director will be planted along the common rear lot line from the northeast comer of Lot 22 - Old Vinings Mill and Lot 14 - Vinings Heritage Manor to the northern property boundary of the Vinings Heritage Manor. The new Vinings Heritage Manor HOA will be required to maintain this buffer landscaping. Where existing Leyland Cypress trees are present on the Old Vinings Mill side, new ones will be staggered to fill-in between the Old Vinings Mill trees. The developer reserves the right to plant additional landscape materials on their side of the boundary line, at their discretion. - 2. The developer shall take down the old chain link / barbed wire fence along the Old Vinings Mill boundary and install a 6' tall wood fence parallel to the Old Vinings Mill fence, leaving room between them for periodic maintenance. Care will be taken to avoid damaging any large trees that should are preserved during construction. 3. The developer shall Quit Claim any interest in the property located in the Old Vinings Mill recreation area (where the water wheel and old metal building were located before they burned-down). Because ownership of this property is uncertain, the developer shalI give-up any interest or ownership they might have in the property. 4. Each driveway shall have a minimum length of 20' from the back of curb to the garage door. 5. All stipulations from July 28, 2004 letter (from Garvis Sams to Cobb County) and June 20,2005 letter from Richard Calhoun (see file) shall remain in effect. -