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03-06-2006 March 6, 2006 March 6, 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. Mayor Bacon recognized Campbell High School student government President Sally Nicely, and stated she will preside over this evening's proceedings as Honorary Mayor. Invocation was given by Pastor Lee Delbridge from Smyrna Christian Church, followed by the pledge to the flag. AGENDA CHANGES: Mayor Bacon stated agenda item 4 A (Public Hearing - Rezoning Request Z05-033 - GC to RAD Conditional- 5.55 Acre Tract - Camp Highland Road - Traton of Georgia, LLC) will be tabled until the March 20, 2006 meeting. Mayor Bacon stated agenda items 4 B (Public Hearing - Rezoning Request Z06-001 - Cobb County R-20 to RAD Conditional- 41.85 Acre Tract Fontaine Road near East/West Connector and Annexation Request (100% of owners requesting annexation) - 41.85 Acre Tract - Land Lots 332, 333, 388 and 389 - Fontaine Road near East/West Connector - Southeast Fontaine, LLC and Fontaine Lakes LLC) will be tabled until the April 17,2006 meeting. Mayor Bacon stated an item will be added to the consent agenda. MAYOR'S REPORT: - Honorary Mayor Nicely introduced members of the Campbell High School (CHS) student government to those present. Honorary Mayor Nicely recognized Cobb County School Board representative Curt Johnston, and Mr. Johnston provided details to those present regarding the upcoming golf tournament for the benefit of the Campbell High School Education Foundation. Mr. Johnston thanked the Raymond Cash Foundation, Regions Bank, Wade Ford and the City of Smyrna for their sponsorship of this event. Mr. Johnston introduced Assistant Principal James Woodward and students from Griffin Middle School to those present, and the students presented this month's Character Education Program. Honorary Mayor Nicely recognized Council Member McNabb, and Council Member McNabb read a Proclamation in Recognition of Vickery Ace Hardware to those present. Council Member McNabb commented favorably about Vickery Ace Hardware and presented the Proclamation to Ms. Susan Harlan. LAND ISSUES/ZONING/ANNEXA nON: (A) Public Hearing - Rezoning Request Z05-033 - GC to RAD Conditional- 5.55 Acre Tract - Camp Highland Road - Traton of Georgia, LLC Council Member Wood asked ifthere is anyone present in relation to this rezoning request, and there was no response. ... March 6, 2006 2 MOTION: Council Member Wood made a motion to table Rezoning Request Z05-033 from GC to RAD Conditional for a 5.55 acre tract at Camp Highland Road for Traton of Georgia, LLC until the March 20, 2006 meeting. The motion was seconded by Council Member Lnenicka. Motion to table the measure was approved 7 - O. - (B) I.Public Hearing - Rezoning Request Z06-00 1 - Cobb County R-20 to RAD Conditional- 41.85 Acre Tract - Fontaine Road near East/West Connector Southeast Fontaine, LLC and Fontaine Lakes LLC Council Member Wood asked if there is anyone present in relation to this rezoning request, and there was no response. MOTION: Council Member Wood made a motion to table Rezoning Request Z06-001 from Cobb County R-20 to RAD Conditional for a 41.85 acre tract at Fontaine Road near East/West Connector until the April 17,2006 meeting. The motion was seconded by Council Member Smith. Motion to table the measure was approved 7 - O. 2.Annexation Request (100% of owners requesting annexation) - 41.85 Acre Tract - Land Lots 332, 333, 388 and 389 - Fontaine Road near East/West Connector - Southeast Fontaine, LLC and Fontaine Lakes LLC MOTION: Council Member Wood made a motion to table annexation request for a 41.85 acre tract in Land Lots 332, 333, 388 and 389 at Fontaine Road near East/West Connector for Southeast Fontaine, LLC and Fontaine Lakes LLC until the April 17, 2006 meeting. The motion was seconded by Council Member Smith. Motion to table the measure was approved 7 - O. (C) Public Hearing - Rezoning Request Z06-003 - R-I5 to RAD Conditional- 2.308 acre tract - intersection of Medlin, Dunton, and Pickens Streets - Gallo Contracting, LLC - Mr. Wright stated the applicant proposes to rezone the subject property for construction of 11 single-family residences at a density of 4.77 units per acre. Mr. Wright stated the rezoning would entail a change in land use from moderate density residential to medium density residential. Mr. Wright stated the Planning and Zoning Board (PZB) recommends approval ofthe requested rezoning to allow a total of 10 structures, and that staff supports the request at 10 units with a number of conditions. Honorary Mayor Nicely stated this is a public hearing and asked for public comment, and the oath was administered to at least one person by Mr. Cochran. Council Member McNabb recognized Mr. Parks Huff, and attorney representing the applicant. Mr. Huff showed those present a graphic representation of the site plan proposed for the subject property. Mr. Huff stated the applicant has expended considerable effort to assemble the six properties which comprise the subject tract. Council Member McNabb asked Mr. Huff if the 14 standard conditions of rezoning applicable to this request are acceptable to Gallo Contracting, LLC (GC), and Mr. Huff answered in the affirmative. At Council Member McNabb's request, Mr. Huff provided details to those present regarding measures for landscaping a water detention structure which would be built in connection with the proposed development and steps to be taken to protect the structure from pedestrian traffic. Mr. Huff stated the water detention structure will be protected by a decorative fence and will have the appearance of a park. Mr. Huff stated the planned houses will have selling prices in the range of $500,000 each, and each will comprise about 2,500 s.f. - March 6, 2006 3 - Council Member McNabb recognized Mr. Sean Murphy, residing at 1140 McLinden Avenue, and Mr. Murphy stated he does not wish to see a new subdivision created in the midst of an existing one. Mr. Murphy stated that new houses with a different appearance may not fit well with existing structures. Mr. Murphy stated signs may be needed at the new development to direct guests to park in the rear area. Council Member McNabb asked Mr. Huff what plans GC has to impart variety to the heights, colors and finishes of the proposed structures. Mr. Huff stated it is the intention of the builder to pre-sell many of the houses, and under those circumstances the purchasers will consult with the company's architectural staff to design homes to suit their individual preferences. Mr. Huff stated the houses will feature a variety of external color schemes and exterior finish materials. Council Member McNabb asked Mr. HuffifGC accepts special stipulation #18 requiring four- sided architecture on the structures, and Mr. Huff answered in the affirmative. Council Member Lnenicka asked when work will commence on this project. Mr. Huff stated closing on the property is expected to occur within 30 days of approval of rezoning, and that construction should begin within approximately 60 days of closing. Council Member Lnenicka asked Mr. Huff if GC will agree to a stipulation of rezoning requiring that buildings on the subject property be demolished or secured within 30 days of the time they are vacated, and Mr. Huff answered in the affirmative. At Council Member Newcomb's request, Mr. Miller provided details to those present as to how the developer may try to avoid disruption to the critical root zone of some trees on adjacent property. Mr. Huff stated GC will make efforts to utilize methodology which may minimize the impact of construction on nearby trees. Mr. Huff stated the condition of the off-site trees may need to be evaluated. Mr. Huff stated the adjacent trees are beneficial to GC's property, and that GC will do everything possible to help protect them. ... MOTION: Council Member McNabb made a motion to approve Rezoning Request Z06-003 from R-15 to RAD Conditional for a 2.308 acre tract at the intersection of Medlin, Dunton, and Pickens Streets for Gallo Contracting, LLC subject to the applicable standard conditions and 19 special conditions as formulated by staff. Council Member McNabb stated special stipulation #19 will read as follows: The abandoned houses on the property will be boarded up and secured within 30 days of the time the property is vacated. Council Member McNabb asked Mr. Huff if Gallo Contracting, LLC accepts the 19 special stipulations as a condition of approval of the rezoning, and Mr. Huff answered in the affirmative. Mr. Huffasked ifside separation requirements set forth in stipulation #15 can be changed to 0' with a minimum of 15' between buildings, and Council Member McNabb declined to agree to the requested amendment. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. (Clerk's Note: A list of stipulations applicable to this rezoning is appended hereto as Exhibit "A") (D) Public Hearing - Rezoning Request! Amendment Z06-0 13 - R-15 to RAD Conditional - 1.65 Acre Tract - Roswell Street - DGD Holdings Mr. Wright stated the applicant requests rezoning of the subject property for construction of five single-family residences at a density of 3.03 units per acre. Mr. Wright stated PZB recommends approval of the rezoning, and that staff supports the request with a number of conditions. - Honorary Mayor Nicely stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. March 6, 2006 4 Council Member Scoggins recognized Mr. Hank Dudek, representing DGD Holdings (DGD), and Mr. Dudek provided details to those present concerning DGD's plans for the subject property. Mr. Dudek stated the two existing houses on the subject property will be removed for construction of five new houses built in the craftsman architectural style. Council Member Scoggins stated that some residents of the affected area have requested that the height of the houses proposed by DGD be restricted to no more than 30,' but that there are many houses surrounding the subject tract that are at least 37' in height. Mr. Dudek stated the planned houses will be built on raised slabs, and are expected to be about 32' high. Mr. Dudek stated he would prefer not to commit to a maximum structure height of 30' until the final elevation plans are available. Mr. Miller provided details to those present concerning the manner in which building height is measured. Mr. Miller stated the average grade of the property is used to calculate building height. Mr. Miller stated that some parts of any given house may actually exceed 35' in height. Council Member Pritchett asked Mr. Miller if he is aware of any instances in which the City has restricted a builder from constructing a house more than 30' in height, and Mr. Miller said no. Mr. Miller stated the method of measuring building height can be included in the rezoning stipulations. At Council Member Lnenicka's request, Mr. Dudek provided details to those present concerning the design of the proposed houses. Council Member Lnenicka asked Mr. Dudek what the selling price of the houses will be, and Mr. Dudek stated they will sell for approximately $500,000 each. - Honorary Mayor Nicely recognized Ms. Casey Clavin, residing on Roswell Street, and Ms. Clavin expressed concern about the height of the planned houses. Ms. Clavin stated that excessively tall houses may not fit well with much smaller adjacent structures. Ms. Clavin expressed the view that houses should be built to conform to City codes. Ms. Clavin stated she believes a builder in the City has been previously restricted to a building height of no more than 30.' Mr. Miller stated some parts of any given house may actually exceed 35' in height. Council Member Pritchett stated the topography of a lot may affect the way the height of a structure is calculated. Mr. Miller stated the point between the eave and the ridge of a house is used to measure height. - Honorary Mayor Nicely recognized Mr. Lemuel Ward, residing on Spring Street, and Mr. Ward expressed concerns about the way City building codes are interpreted in relation to building heights. Mr. Ward stated including the method of measuring building height in the stipulations of this rezoning may be a good idea. Mr. Ward stated the houses in this proposed development should be consistent in height. Honorary Mayor Nicely recognized Mr. Ron Davis, residing at 1351 Roswell Street, and Mr. Davis stated that the motion for approval of this rezoning request at a recent PZB meeting included a stipulation for restricting the building heights to no more than 30.' Mr. Davis stated this building height restriction is requested to prevent a proliferation of houses in the subject area which do not fit in with existing homes. Mr. Davis expressed the view that houses should be built to conform to City codes. Mr. Davis requested that the proposed houses be built in a staggered row to provide a more attractive streetscape. Ms. Clavin expressed views about four-sided architecture and measurement of building heights to those present. Honorary Mayor Nicely recognized Ms. Judy Kessler, residing at 2654 Highland Avenue, and Ms. Kessler expressed concerns about the height of houses being built in her neighborhood. Ms. Kessler expressed concerns about storm water run-off which could be generated by removal - March 6, 2006 5 of trees in her neighborhood. Ms. Kessler expressed concerns about property boundary markers near her house which she said are missing. - Honorary Mayor Nicely recognized Mr. Ellison Cook, residing at 2680 Gilbert Street, and Mr. Cook expressed concerns about hours of construction in the subject area. Mr. Cook stated he has made complaints to the City numerous times about construction activity after approved times in the subject area. Honorary Mayor Nicely recognized Ms. Myrna Evans, residing at 1320 Roswell Street, and Ms. Evans expressed concerns about possible loss of trees which may result from the proposed construction. Ms. Evans expressed concerns about the height of houses being built in her neighborhood. Ms. Evans expressed the view that front porches with a minimum depth of 10' should be required for the proposed new houses. At Council Member Newcomb's request, Mr. Miller provided details to those present about the tree plan for the proposed development. Ms. Kessler provided details to those present concerning a large oak tree near her property. Mr. Dudek stated he will make efforts to help preserve trees in the affected area. At Council Member Scoggins' request, Mr. Miller read the special stipulations of rezoning into the record as follows: Special Conditions IS. The development shall maintain the following setbacks: - Front Rear Side 25' 25' 7.5' (15' between buildings) 16. The developer shall have the option to count existing specimen trees toward the minimum tree density requirements under the following conditions: A. No land disturbance occurs within the Critical Root Zone (CRZ), or; B. Land disturbance occurs within the CRZ and a five-year tree bond or letter of credit is provided to City. This bond or letter of credit shall be equal to the replacement cost associated with the specimen tree (with 4" caliper trees), physical tree removal and an inspection by a certified arborist after the final certificate of occupancy is issued and when the bond/letter of credit is requested to be released. 17. At least two of the homes shall have usable front porches. 18. Residences shall be craftsman/bungalow style and have rear entry garages. 19. Driveway - 22' minimum length from building face to edge of shared drive. Each unit shall have a two-car garage. 20. The shared driveway shall be a minimum of 14' in width. - March 6, 2006 6 21. No monument sign or entry signage shall be permitted. 22. Overstory trees shall be planted along Roswell Street at a rate of one tree every thirty-five feet. - 23. Any tree listed as saved on the tree protection plan shall be protected during construction via hard fencing. The undisturbed buffer shall be delineated using orange cyclone fencing. 24. Weekly inspections of the construction site shall be conducted by City staff to ensure all tree protection safeguards remain in place. Furthermore, the developer shall post work hours at the subdivision entrance. 25. The maximum building height will be 35' as measured to the peak to the average elevation. Council Member Scoggins asked Mr. Dudek if a stipulation requiring porches with a minimum depth of 8' on every house would be acceptable, and Mr. Dudek indicated it would not be. Mr. Dudek stated he would like to build some of the houses without porches in order to provide a variety of exterior appearances. Mayor Bacon stated a requirement for front porches could impede the builder's ability to sell these houses. Mayor Bacon stated that when a developer sells property to a builder, the responsibility to comply with various construction regulations devolves upon the builder. Mayor Bacon stated it is often difficult to save trees when there is construction activity going on around them. Council Member Scoggins asked Mr. Dudek if the special stipulations and applicable standard stipulations are acceptable, and Mr. Dudek answered in the affirmative. Mr. Dudek stated he would like to be able to access the 27' at the rear of Lot # 18. - MOTION: Council Member Scoggins made a motion to approve Rezoning Request/Amendment 206-013 from R-15 to RAD Conditional for a 1.65 acre tract at Roswell Street for DGD Holdings. The motion was seconded by Council Member McNabb. Council Member McNabb expressed views about measuring roof heights and stated there should be a variety of architectural styles throughout the City. Council Member Smith expressed views about measuring roof heights and architectural styles. Council Member Lnenicka stated an overlay district may be appropriate for the subject area. Motion was approved 7 - O. PRIVILEGE LICENSE: There were none. FORMAL BUSINESS: (A) Appointments to Downtown Development Task Force MOTION: Council Member Pritchett made a motion to appoint Ronald B. Stark, residing at 1225 Bickham Way, as a Ward 1 representative to the Downtown Development Task Force. The motion was seconded by Council Member Scoggins. Motion was approved 6 - O. (Clerk's Note: Council Member Wood was not present at the time of this vote) - March 6. 2006 7 - MOTION: Council Member Newcomb made a motion to appoint Beth McClurg, residing at 3090 Old Cabin Trail, as a Ward 2 representative to the Downtown Development Task Force. The motion was seconded by Council Member Scoggins. Motion was approved 6 - O. (Clerk's Note: Council Member Wood was not present at the time of this vote) MOTION: Council Member Scoggins made a motion to appoint Bill Stafano, residing at 1606 Walker Street, Helen Wilgus, residing at 1580 Spring Street, and Don Porch, residing at 1469 Roswell Street as Ward 3 representatives to the Downtown Development Task Force. The motion was seconded by Council Member Pritchett. Motion was approved 6 - O. (Clerk's Note: Council Member Wood was not present at the time of this vote) (B) Approval of name change for apartment complex - 5000 S. Lincoln Trace Avenue Mr. Wright stated Mission Residential, LLC has submitted a request to change the name of the Lincoln Trace Apartments, located in the vicinity of 5000 Lincoln Trace Avenue SE, to Mission at Galleria. Council Member Pritchett stated she would like to discuss an alternative name for the apartment complex with the applicant. MOTION: Council Member Pritchett made a motion to table approval of name change for apartment complex at 5000 S. Lincoln Trace Avenue until the March 20,2006 council meeting. The motion was seconded by Council Member Scoggins. Motion to table the measure was approved 7 - O. COMMERCIAL BUILDING PERMITS: - (A) Commercial Building Permit - 4,920 s.f. Restaurant Building - 4574 South Cobb Drive - Dav-Lin Construction Company Mr. Wright stated this building will house a Jim n' Nick's barbeque restaurant. MOTION: Council Member Lnenicka made a motion to approve a commercial building permit for a 4,920 s.f. restaurant building at 4574 South Cobb Drive for Dav-Lin Construction Company. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (B) Commercial Building Permit - 4,312 s.f. Car Wash/Coin Laundry - 2525 Old Concord Road - Green Grading MOTION: Council Member Smith made a motion to approve a commercial building permit for a 4,312 s.f. car wash/coin laundry at 2525 Old Concord Road for Green Grading. The motion was seconded by Council Member Wood. Motion was approved 7 - O. *MOTION: Council Member Pritchett made a motion to approve addition of item #8 L (Approval of funding from contingency funds for an architectural fee for the Taylor-Brawner House Foundation in the amount of $12,500) to the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 7 - O. - March 6. 2006 8 CONSENT AGENDA: (A) Approval of February 20, 2006 minutes - (B) Approval of use of Council Chambers for a Ward 6 (Vinings Forest) HOA meeting on Wednesday, March 15th, from 5:30 - 10:00 p.m. (C) Approval of use of Council Chambers by the Heights of Spring Road Homeowners Association for a meeting on Tuesday, March 21,2006 at 7:00 p.m. (D) Bid Award - Park design services for Lake Court and Rose Garden.Parks RFQ# 6-010 The firm of jB+a, Inc. was selected among a number of qualified park design candidates. This firm has considerable park design experience. The program manager (Moreland Altobelli Associates, Inc.) is also comfortable with the selection. Award of this park design work to jB+a, Inc. is recommended. (E) Bid award -Tolleson Park tennis court rehab; RFP 6-0016 Two bids were received. The low qualified bidder stated some exceptions to the specifications, these are reasonable and can be accommodated. This work will commence immediately after the bid award keeping the courts closed through the week of May 22od. Under independent contracts, court lighting and fencing will also be replaced. Award of this bid to Astra Group, Inc., the low qualified bidder is recommended. (F) Ratification of purchase of property at 817 Cindy Lane A small house converted to office use on 0.29 acres was appraised and sold for $140,000.00. This property will be used for the expansion of Lake Court Park now being redesigned. The purchased property will be used to develop a restroom building and small parking lot. - (G) Bid Award - Materials and labor to replace Tolleson Park Tennis Court lighting Allstar Electric will provide concrete poles, new fixtures, and wiring for the tennis courts under the previously negotiated Cobb County sealed bid #04-4629 (light pole removal and replacement, see Allstar Lighting quote #120). Allstar has provided the City a variety of athletic field lighting and associated electrical improvements in our park system via the Cobb County contract. The contract guarantees this firm as qualified, low bid. Award of this bid to Allstar Electric of Powder Springs is recommended. (H) Revision of City of Smyrna Personnel Policies and Procedures As a means comply with the ever changing laws and to maintain good human resources functions, the Human Resources Department along with the assistance from Elarbee, Thompson, Sapp & Wilson (GIRMA Attorneys) recommend the revision ofthe following City of Smyrna Personnel Policies and Procedures: (24) Employee Assistance Program (EAP), and (29) Smoking Policy. Approval ofthe proposed changes is recommended. Request for proposals to replace the detention pond and headwall in the tributary at Nickajack Creek south of Church Road The existing detention pond and headwall was destroyed due the floods during Hurricane Dennis last year. The pond must be re-established and headwall replaced. Public Works recommends this request for proposals for the reconstruction of this detention pond. (I) - March 6, 2006 9 (1) Bid Award - Pavement Markings This contract is for the striping of various streets in the City including Spring Road, Village Parkway, Concord Road, and King Springs Road. This project has been budgeted in the 2005 Transportation Improvement Program. Two bids were received: Mid State Construction & Striping, Inc. $75,007.75 Peek Pavement Markings, Inc. $85,203.20 The City Engineer has reviewed the bids and recommends that the contract be awarded to Mid State Construction & Striping, Inc. - (K) Approval of Community Development Block Grant (CDBG) Grant A ward *(L) Approval of funding from contingency funds for an architectural fee for the Taylor- Brawner House Foundation in the amount of$12,500 MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Scoggins. MOTION: Council Member Lnenicka made a motion to amend the motion to exclude item L (Approval of funding from contingency funds for an architectural fee for the Taylor-Brawner House Foundation in the amount of$12,500). MOTION: Council Member Wood made a motion to approve consent agenda items A through K. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. - MOTION: Council Member Pritchett made a motion to approve consent agenda item L (Approval of funding from contingency funds for an architectural fee for the Taylor-Brawner House Foundation in the amount of$12,500). The motion was seconded by Council Member Newcomb. Motion was approved 6 - 1, with Council Member Lnenicka in opposition. COMMITTEE REPORTS: Council Member Pritchett thanked Honorary Mayor Nicely for presiding over this evening's proceedings. Council Member Pritchett provided details to those present concerning the upcoming opening ceremony for the new Fire Station #3 building. Council Member Newcomb thanked Honorary Mayor Nicely for her assistance this evening. Council Member Scoggins thanked everyone for their thoughtful concern during his recent illness. Council Member McNabb stated he has enjoyed having Honorary Mayor Nicely at this meeting. Council Member McNabb encouraged Honorary Mayor Nicely to stay interested in local government. Council Member McNabb reminded those present about registration for the upcoming City concert series. Council Member Smith thanked Joe Bland and the members ofthe Smyrna Housing Authority for the assistance they provided to a City resident. Council Member Smith stated he believes developers should be held responsible for making certain that stipulations and other requirements of zoning are adhered to. - March 6, 2006 10 Council Member Lnenicka commended Honorary Mayor Nicely for the manner in which she attended to the evening's proceedings. Council Member Lnenicka encouraged Honorary Mayor Nicely to consider how she will use her talents in the future. Council Member Lnenicka expressed condolences to his neighbors Bud Eckstrom and the Avison family on the recent loss of Ms. Betty Eckstrom. Council Member Lnenicka congratulated Chief Lanyon on the birth of his first child. Council Member Lnenicka congratulated the Campbell Middle School recipients of the Martin Luther King, Jr. Day Humanitarian Award. Council Member Lnenicka thanked the Creatwood at Vinings HOA for allowing him to host their meeting recently. Council Member Lnenicka stated the Vinings Forest HOA will hold their annual meeting on March 15 at City Hall. Council Member Lnenicka thanked Ken and Suzanne Burke for hosting their neighbors in Vinings North last Saturday night. Council Member Lnenicka provided details to those present concerning the upcoming opening ceremony for the new Fire Station #3 building. Council Member Lnenicka thanked the Williams Park Neighborhood Association for inviting him to come and help them plant trees and flowers at a local park. Council Member Lnenicka presented Mr. Wright a check payable to the City of Smyrna from the Williams Park Neighborhood Association in the amount of $300 given in appreciation of everything the City does for them. Council Member Lnenicka thanked the members ofthe Williams Park Neighborhood Association for their generosity. - Council Member Wood thanked Honorary Mayor Nicely for her assistance this evening. CITIZENS INPUT: There was none. Mayor Bacon thanked Honorary Mayor Nicely for presiding over this evening's proceedings. Mayor Bacon thanked the members of the Williams Park Neighborhood Association for their donation. Mayor Bacon welcomed Council Member Scoggins back from the hospital. - Mr. Wright welcomed Assistant City Administrator Eric Taylor to the City staff. With no further business, the meeting was adjourned at 10: 14 p.m. - March 6. 2006 11 - I) f). i~~ --J4n.. ,: tI/l M rJ~ RON NEWCOMB, WARD 2 / WADE S. LNE - ~~~juJ~,'!\ CHARLES PETE WOOD, WARD 7 ... March 6, 2006 12 206-003 Exhibit A Standard Conditions (Requirements # 2, 8 and 17 from Section 1201 of the Zoning Code are not applicable) - 1. The composition of the homes in a residential subdivision shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The residences whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. 2. There shall be protective covenants with"a mandatory homeowners association on all lots. These protective covenants shall be supplied to the City prior to the issuance of a building permit. 3. The developer shall provide at least 200 square feet of common space per lot. This common space shall be developed with improvements for the residential subdivision such as: gazebos, fountains, recreational/playground equipment or walking trails. The common space shall be controlled and maintained by the Homeowners Association. 4. The 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 2-year to 1 OO-year storm event because of known drainage problems in the Medlin Street area. The City Engineer shall approve all plans. The retention pond shall be relocated to be less visible from the street unless it can be designed to resemble a park and not a drainage area. - 5. All utilities within the development shall be underground. 6. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. 7. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision entrance for a minimum distance of 20 feet. 8. The development of any streets (including private) shall conform to the City's standards for public right-of-ways 9. No debris may be buried on any lot or common area. - March 6. 2006 13 - 10. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". 11. The developer will comply with the City's current tree ordinance. All required tree protection measures shall be adhered to by the developer during construction. 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. There shall be a landscaped front entrance, with monument, indicating the name of the development. 13. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 14. All single-family and/or duplex residential lots shall provide the following at the time of certificate of occupancy: either four 3" caliper trees or two 2" caliper and two 4" caliper trees, unless otherwise approved by the City's Arborist. The following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if approved by the City. Special Conditions 15. The development shall maintain the following setbacks: - Front - 20' Rear - 20' Side - 5' with a minimum of 15' between buildings Driveway length - 22' Building setbacks shall be calculated from the existing right-of-way. 16. Five-foot wide sidewalks shall be constructed along Dunton Avenue, Medlin Avenue, and Pickens Street. 17. The final plat for the development shall include a right-of-way dedication of 10' along Dunton Avenue, Medlin Avenue, and Pickens Street per the City Engineer. 18. Each home will be a minimum of 2,500 s.f. in size and employ four-sided architecture. -