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01-03-2006 January 3, 2006 January 3,2006 - 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 and representatives of the press. Invocation was given by Dr. Steve Kimmel from First Baptist Church of Smyrna, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated that agenda item 4 B (Rezoning Request Z05-032 - R-15 and GC to RAD Conditional- 7.65 Acre Tract - Oak Drive - Southeast Real Estate Acquisitions, LLC) will be tabled until the January 17,2006 council meeting. MAYOR'S REPORT: Mayor Bacon provided details to those present concerning a letter the City recently received from Cobb County authorities announcing an additional increase in sewer rates. Mayor Bacon stated he will attempt to contact the appropriate commission members tomorrow to discuss this issue in more detail. Council Member Newcomb stated he agrees with Mayor Bacon's view that this announcement of rate increases is rather sudden, and thanked Mayor Bacon for taking the initiative to contact responsible County officials regarding this matter. LAND ISSUES/ZONING/ANNEXA nON: - (A) Public Hearing - Extension of Apartment Moratorium Mr. Wright stated the apartment moratorium is based on the findings of the Smyrna Apartment Density Study prepared by John R. Moeller in 1994. Mr. Wright stated that, because the moratorium is due to expire, the council must reauthorize it for an additional six months. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mr. Wright stated that, according to available information, the City's residential units are currently evenly divided between owner-occupied (50.1%) and renter-occupied units (49.9%). Mr. Wright stated that the Smyrna Apartment Density Study recommends a distribution of 40% multi-family and 60% single-family. Mr. Wright stated that, to achieve this goal, the apartment moratorium was instituted by the City. Council Member McNabb stated that recently some individuals have brought development proposals to the city council calling for leased condominiums or townhomes. Council Member McNabb suggested it may be advisable to change the apartment moratorium into a rental unit moratorium. Council Member McNabb expressed the view that a leased condominium is an apartment. - Council Member Lnenicka stated he supports Council Member McNabb's views on this subject, but he is not certain that such a proposal could be legally implemented at this meeting. Council Member Lnenicka stated the moratorium prevents property from being rezoned to residential multi-family use for rental property. January 3. 2006 2 MOTION: Council Member Newcomb made a motion to approve extension of the Apartment Moratorium for an additional six months until the first council meeting during July of 2006. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. - (B) Public Hearing - Rezoning Request Z05-032 - R-15 and GC to RAD Conditional- 7.65 Acre Tract - Oak Drive - Southeast Real Estate Acquisitions, LLC 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 Ms. Mary Rose Barnes, and Ms. Barnes stated she is seeking clarification on certain points before this proposal is brought before the city council again for consideration. Ms. Barnes expressed the view that there is a conflict between the stipulations and staff recommendations regarding exterior finish materials for the planned structures. Council Member Wood stated the structures will feature a combination of exterior finish materials. Ms. Barnes inquired about amenities at the planned development. Council Member Wood stated that the plans for the development, including the proposal for installation of a lift station, are still under review and may undergo modification. Ms. Barnes expressed the view that, although she believes the city council approved measures requiring existing structures to be secured and removed within a specified period of time, no such requirement is evident in this case. Council Member Wood stated that issue and other concerns will be addressed at the January 17 meeting. MOTION: Council Member Wood made a motion to table Rezoning Request Z05-032 from R-15 and GC to RAD Conditional for a 7.65 acre tract at Oak Drive for Southeast Real Estate Acquisitions, LLC until the January 17,2006 council meeting. The motion was seconded by Council Member Smith. Motion to table the measure was approved 7 - O. - (C) Public Hearing - Variance Requests - 9.475 Acre Tract - 3330 Atlanta Road - ABG Development, LLC V05-069: Request to reduce the front setback from 75 feet to 40 feet V05-070: Request to reduce the side setback from 35 feet to 12 feet VOS-071: Request to reduce the rear setback from 40 feet to 25 feet VOS-072: Request to reduce the buffer area from 75 feet to a 10-foot landscape strip V05-073: Request to change the non-conforming density status to conforming V05-074: Request to increase the maximum number of units per row from six to eight Mr. Wright stated the applicant proposes to demolish 144 existing apartment units and build 121 new townhouses on the subject property. Mr. Wright stated the existing apartments are a legal nonconforming use. Mr. Wright stated staff recommends approval of the requested variances with a number of stipulations. 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. Ron Morgan, representing ABG Development. LLC (ABG), and asked Mr. Morgan to provide details to those present concerning the need for the requested variances. Mr. Morgan stated the site plan for the proposed project has undergone a number of modifications based on recommendations received during consultations with the City's staff. Mr. Morgan stated the density on the subject property will be reduced from 15.198 units per acre to 12.77 units per acre if the proposed development is built. Mr. Morgan stated the - January 3, 2006 3 .... selling prices of the planned townhouses will range from around $300,000 to $400,000 each. Council Member Lnenicka asked Mr. Morgan if it is correct that the new buildings would not be any closer to the property lines than the existing ones, and Mr. Morgan answered in the affirmative. Mr. Morgan stated that the development plan calls for improvements to fences and landcape buffers on the subject property. Council Member Lnenicka asked Mr. Morgan if it is correct that the development proposal includes plans for a community building for use by the residents, and Mr. Morgan answered in the affirmative. Mr. Morgan stated the plans also include provisions for such amenities as a playground, gazebo, walking trails and other improvements. Council Member Lnenicka asked Mr. Morgan if the proposed stipulations for approval of the variances are acceptable, and Mr. Morgan answered in the affirmative. Council Member Lnenicka read through the stipulations for approval of the variances as follows: 1. A 6' tall opaque fence shall be installed and maintained along each property line (excluding Atlanta Road). 2. A 10' landscape strip shall be installed and maintained along the east property line. This strip shall be increased to 20' along the south and west property lines. 3. A 20' landscape strip shall be provided along the northern property line (Atlanta Road). This buffer shall include a continuous line of shrubs and one street tree spaced every 35'. 4. The landscape plan must provide adequate screening and be approved by the Community Development Department. - 5. A 6' tall brick wall shall be installed and maintained within the Atlanta Road landscape strip. The brick wall may also be used to incorporate the entry signage for the subdivision. The term "Vinings" shall not be a part of any name for the subdivision. The entry signage shall be approved by the Community Development Department. 6. The composition of the homes in the residential subdivision shall include a mixture of elements: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut Atlanta Road shall not be permitted to utilize hardy plank for any elevation facing Atlanta Road. 7. The development shall provide a community building large enough to accommodate HOA meetings. This building shall contain restroom facilities. The community building shall not be located adjacent to any exterior property lines. 8. A strip of brick pavers or stamped concrete for a minimum distance of 30' shall be provided at the entrance to the new development. 9. All utilities within the development shall be underground. 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. January 3. 2006 4 12. The retention pond shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. The storm water detention plan shall be designed to create at least a 20% reduction in a 100-year storm event. The City Engineer shall approve all plans. - 13. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization shall be 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-cutofflighting". The interior decorative streetlights will be a style equal to or similar to the Sternberg design lights used in downtown Smyrna. The developer agrees to install up to one new streetlight on the Atlanta Road frontage deemed necessary by the City Engineer during the first half of 2006 as part of a corridor streetlight replacement plan. 14. Before the existing water and sewer lines are used for the new development, each line shall be inspected via an internal camera (or another method deemed acceptable by the City). The results of this inspection shall be shared with the City Engineer who shall approve the continued use of these existing systems. 15. 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. The association documents shall contain a restriction such that no more than 1 0% of the townhouse residences in the community may be available for rent at any one time. Non-resident home owners must keep the Home Owners Association informed of their current contact information at all times (e.g. mailing address, phone numbers, email address, etc.). - 16. The elevations used for each building shall be consistent with the elevations provided to the Mayor and Council during the January 3,2006 public hearing. 17. Each residence shall be at least 2,000 s.f. in area and provide a driveway with a minimum length of 22' . 18. Any guest or auxiliary parking spaces shall be constructed to be pervious and subject to approval by the Community Development Department. 19. The current tenants of the subject property shall be given at least 60 days written notice to vacate the property. Developer agrees to provide relocation assistance through its management company to the affected tenants. 20. Approval of all Variances is subject to the general site plan submitted to the Mayor and Council during the January 3, 2006 public hearing. Staff shall have the flexibility to approve relatively minor changes in the plan during the plan approval process without requiring new Variance approval by the Mayor and Council. The developer agrees to demolish all existing apartment buildings. -- January 3. 2006 5 - 21. The developer is strongly encouraged to incorporate as many Easy Living requirements as possible into as many units as possible, to include designing the units so that an elevator could be installed, and the use of lever style door handles, wide doorways, no interior room steps and the like. A minimum of 15 units will be built incorporating the Easy Living requirements. - Mayor Bacon recognized Ms. Anna Hogan, and Ms. Hogan stated that many of the current residents of the subject property speak Spanish. Ms. Hogan requested that the school schedule for the dependents ofthe residents of the apartments be taken into consideration when notification to vacate the subject premises is sent. Mayor Bacon recognized Mr. Clark Efaw, residing at 3364 Navaho Trail, and Mr. Efaw expressed concerns about water runoff from the subject property. Mr. Efaw stated he would like for steps to be taken to mitigate this water runoff and to protect the creek near the property. Mayor Bacon recognized Ms. Pat Albizures, residing at 3405 Navaho Trail, and Ms. Albizures asked where the garages for the planned townhouses will be located. Mr. Morgan provided details to those present regarding the location of the garages. Ms. Albizures asked about some trees on the subject property. Mr. Morgan stated some trees and plants may be removed, but that every effort will be made to preserve desirable trees and plants on the subject property. Ms. Albizures asked what the height of the proposed structures will be. Council Member Lnenicka stated the City code will limit the height of the buildings to no more than 35.' Ms. Albizures asked if it would be possible to have fences installed on the subject property higher than 6.' Mr. Morgan stated that landscaping is what provides an actual buffer between properties. Council Member Lnenicka asked Mr. Morgan if ABG accepts all 21 stipulations for approval of of the variances as discussed and defined at this meeting, and Mr. Morgan answered in the affirmative. Council Member Lnenicka asked Mr. Morgan if ABG agrees to cooperate with the residents of Deville Apartments to help make certain their school-aged dependents can finish the current school year before being required to relocate, and Mr. Morgan answered in the affirmative. Council Member Lnenicka stated he believes the proposed development will be an asset to the community. MOTION: Council Member Lnenicka made a motion to approve variance requests V05-069: request to reduce the front setback from 75 feet to 40 feet, V05-070: request to reduce the side setback from 35 feet to 12 feet, V05-071: request to reduce the rear setback from 40 feet to 25 feet, V05-072: request to reduce the buffer area from 75 feet to a 10-foot landscape strip, V05- 073: request to change the non-conforming density status to conforming and V05-074: request to increase the maximum number of units per row from six to eight at 3330 Atlanta Road for ABG Development, LLC, with all variances subject to the 21 stipulations read into the record. The motion was seconded by Council Member Newcomb. Council Member McNabb commented favorably about this development proposal, and thanked Council Member Lnenicka and Mr. Morgan for working to make this proposal a plan which will be beneficial to the community. The motion was approved 7 - o. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: - There was none. January 3. 2006 6 COMMERCIAL BUILDING PERMITS: There were none. - CONSENT AGENDA: (A) Approval of December 19, 2005 Minutes (B) Approval of use of Council Chambers on January 19th from 6:00 p.m. - 10:00 p.m. for a meeting with The Heritage At Vinings Home Owners Association (C) Authorize acquisition of property at 1554 Spring Street by any lawful means, including use of eminent domain (D) Approval of a contract for completion of the second phase of the Atlanta Road LCI project In late 2004 the ARC approved a grant for the City to enhance the Atlanta Road streetscape. In March of2005, the City engaged Altamira to serve as the project manager for the Atlanta Road Streetscape grant. During the first phase Altamira created a general masterplan for the Atlanta Road corridor between Windy Hill and Concord Roads. The second phase of the grant will result in the preparation of construction documents enabling contractors to implement the design via a competitive bidding process. Approval of the AL T AMIRA proposal to complete the engineering documents for the Atlanta Road Streetscape Grant is recommended. MOTION: Council Member Lnenicka made a motion to approve the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 7 - O. - COMMITTEE REPORTS: Council Member Pritchett yielded the floor with no report. Council Member Newcomb yielded the floor with no report. Council Member Scoggins commented about the rapid growth occurring in the City, and stated that he looks forward to continuing progress during 2006. Council Member McNabb stated the proposal of ABG approved at this meeting is a good example of how effective the partnership of public and private entities can be at providing needed redevelopment in a community. Council Member McNabb thanked Ms. Hogan for bringing the needs of the residents of Deville Apartments to the attention of the present officials and to Mr. Morgan. Council Member Smith reminded those present about the Christmas tree recycling activity at Home Depot this weekend. Council Member Lnenicka stated that Jess Heglund, a City employee, was recently home on leave from military service in Iraq and attended the employees Christmas banquet. Council Member Lnenicka stated Cel Davis from the City fire department is also serving in Iraq. Council Member Lnenicka expressed appreciation to these employees for their service to our country, and expressed hopes for their safe return. - January 3. 2006 Council Member Wood yielded the floor with no report. CITIZENS INPUT: - There was none. With no further business, the meeting was adjourned at 8:48 p.m. A. MAX BACON, MAYOR - A<~ BIL1t(OOGINS, Y ~~~ CHARLES PETE WOOD, WARD 7 ... ~-.J J<~ RON NEWCOMB, WARD 2 ~~ /11; $ MICH EL McNABB, WA~ ~ WADE S. LNENICKA, WARD 6 7