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July 15, 2002 Council Meeting July 15, 2002 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Community Relations Director Jennifer Bennett, Finance Director Claudia Edgar, Police Chief Stan Hook, City Engineer Ken Hildebrandt, Keep Smyrna Beautiful Director Ann Kirk, Community Development Director Chris Miller, Library Director Michael Seigler, Fire Chief Larry Williams, Public Works Director Scott Stokes, Parks and Recreation Director Steve Ciaccio, and representatives of the press. .. Invocation was given by Smyrna Fire Department Chaplain Brian Beaty, followed by the pledge to the flag. CITIZENS INPUT/SPECIAL RECOGNITION: Mayor Bacon recognized Mr. Floyd Millis, who commented about City sanitation service. Mayor Bacon recognized Mr. Howard "Red" Martin, who commented about the Smyrna Little League (SLL) and the State championship, and commended Lee Cook and the City stafffor their efforts. Mr. Martin introduced some ofthe SLL players to those present. Mayor Bacon recognized Representative Ginger Collins, who stated she is running for a State Senate post and asked those present for their support. Mayor Bacon recognized Mr. Jack Strickland, who presented a petition for a study of traffic on Concord Road with the aim of possibly obtaining more traffic signals on certain sections of that road. Mayor Bacon recognized Mr. John Nowell, who stated he is a candidate for House District 44 and asked those present for their support. Mayor Bacon recognized Mr. Jimmy Flanagin, who stated he is a candidate for State Senate District 6, and discussed the merits of positive political campaigning. ... Mayor Bacon recognized Mr. Charlie Levinson, who reminded those present about the Republican Lieutenant Governor candidates debate this week, and expressed the view that the upcoming election campaign will have a positive tone. MAYOR'S REPORT: Mayor Bacon recognized Mr. Brad Hawkins and members of the Smyrna Little League 7/8 year old players who recently won a championship. Mayor Bacon recognized Mr. Curt Johnston, who provided details regarding the Campbell High School Educational Foundation (CHSEF). Mr. Johnston introduced Mr. Joseph Redden, who read a proclamation from the Cobb County Board of Education expressing thanks to Mayor Bacon and the Council for their assistance and support. Ms. Bennett expressed appreciation to all of the local business concerns that contribute to the Jonquil City Jog and other functions that benefit the school, and joined Mayor Bacon in presenting a $5,000 check to the school. Mayor Bacon stated that the City maintains good relations with the local schools, and commended the school personnel for their contribution and efforts. PUBLIC HEARINGS: (A) Rezoning Request - 5.129 Acre Parcel from Future Commercial (FC) and R-15 (SFR) to CBD Conditional (Central Business District) - Concord Road near Dunton and Hunter Streets and between Nichols and Pickens Streets - TennTech ... Mr. Wright stated this matter was tabled at the last meeting. Mr. Wright stated the proposed plan specifies 45 townhouses and approximately 10,000 square feet of commercial/office space. Mr. Wright stated the Planning and Zoning Board (PZB) voted to deny this request, but that staff will support it with certain conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and Mr. Cochran administered the oath to several persons. July 15,2002 2 Council Member Hawkins recognized Ms. Shae Roberts and Mr. Greg Cagle ofTennTech. Ms. Roberts stated TennTech has worked well with the City staff to create a good plan for the proposed project. Ms. Roberts provided details regarding the type of structures that the project will be comprised of, and presented a petition in support of the project with 36 signatures. Mr. Cagle provided details of the proposed placement of residential structures along Concord Road, Dunton Street and Nichols Street and stated that the proposed placement will enhance the visual appeal there. Mr. Cagle stated that there are plans to put all garages in the interior of the project to enhance the appearance. Mr. Cagle expressed disagreement with the City's prohibition against the use of Hardie plank in the development, and explained why use of this material on one side could actually improve the overall construction results. Council Member Hawkins asked Mr. Cagle about garages in the development, and Mr. Cagle stated that every unit will have a two- door garage. Council Member Hawkins asked Mr. Cagle how many levels the structures will have, and Mr. Cagle stated that, including garages, they will be three-story buildings. Council Member Hawkins asked Mr. Cagle if his interest in using Hardie plank is based on financial considerations, and Mr. Cagle stated that Hardie plank lends itself to certain architectural elements, including color options, that would not be available with brick. Council Member Hawkins asked Mr. Cagle if it might be possible to amend the stipulations to allow the use of some Hardie plank, in combination with brick, stone or masonry, in order to avoid sections comprised solely of Hardie plank. Mr. Cagle stated alternatives to allow some use of Hardie plank have already been discussed, but no specific language has been agreed upon. Mr. Cagle suggested the architectural elements for which Hardie plank could be used may need to be specified. Council Member Pritchett pointed out that there are no illustrations of the proposed elevations available, and asked Mr. Cagle the reasons for the omission, and Mr. Cagle explained that such pictures are expensive. Council Member Pritchett stated it is difficult to evaluate TennTech's request without the more complete understanding that pictures might provide. Mr. Cagle stated that he believes the purpose of the proposed stipulations is to allay the concerns of the Council regarding any proposed construction. Council Member Pritchett asked Mr. Cagle if he was the developer for a similar project at Peachtree and Dresden in Atlanta, and Mr. Cagle confirmed he was involved in ajoint venture for that project. Council Member Pritchett stated that TennTech has already incurred considerable expenses for the proposed development, and that illustrations of planned elevations would be useful. Mr. Cagle stated he is reluctant to furnish illustrations that may not be closely representative of what is planned for construction. Council Member Pritchett stated that stucco could be used and would provide color options. Mr. Cagle stated that stucco has fallen out of favor in recent years, and extensive use of stucco can adversely affect the marketability of buildings. Mr. Miller stated that the reason there is a stipulation restricting materials is because of a lack of illustrations. Council Member Hawkins asked Mr. Miller if it might be possible to amend the stipulations to allow the use of some Hardie plank, in combination with brick, stone or masonry, in order to avoid sections made up of Hardie plank only, and Mr. Miller stated that such an amendment would not be unreason- able. Ms. Roberts stated that the rezoning should be based on the revised site plan, identified as Site Plan #3. Council Member Cramer asked Mr. Cagle if there will be additional parking space in the development, and Mr. Cagle answered in the affirmative. Council Member Cramer asked Mr. Cagle if the utility lines for the project will be underground, and Mr. Cagle answered in the affirmative. Mayor Bacon asked Mr. Cagle how much illustrations of elevations would cost, and Mr. Cagle reiterated that money was not his main concern, but rather his reluctance to furnish illustrations that may not be closely representative of what is planned for the development. Mayor Bacon asked how many units will be townhouses, and Mr. Cagle stated that 39 units will be built solely for residential use, with 6 more as "live-work" units, with a total of 45. Mayor Bacon asked Mr. Cagle about the size of the townhouses, and Mr. Cagle stated he expects the townhouses to be 2,200 to 2,500 square feet with a sales price of about $325,000. Mayor Bacon asked Mr. Cagle about the possibility of some potential buyers wishing to use a live-work unit as a residence only, and Mr. Cagle stated that, although it is unlikely an owner could be forced to use a live-work unit a particular way, there are architectural design elements in place to make it advantageous for an owner to use it for the combination of purposes for which it is intended. Council Member Pritchett asked Mr. Cagle what contingency plans or hardship provisions, if any, are in place to provide a course of action in the event that a business in a live-work unit fails, and Mr. Cagle explained that the fact that the unit is a dwelling as well as a business site should prevent any problems from developing, and that the unit can also be sold. Mr. Miller stated it is probably not feasible to require the owner of a live-work unit to maintain a business office in the unit if conditions become unfavorable to such an arrangement. Mr. Miller stated the stipulations could be amended at a later time if the strict live-work status of a unit becomes problematic. Mayor Bacon asked Mr. Miller what parking arrangements are planned for the business clientele of the live-work unit owners, and Mr. Miller advised there will be a general parking area for business traffic near Dunton Street and Concord Road, as well as parallel parking throughout the development and external pads near the individual units. Mr. Miller stated the developer's plan is not to have a high volume oftraffic at the live-work units. Council Member Cramer asked Mr. Miller what controls, if any, are in place to regulate the types of businesses that may operate in a live-work unit and possible sub-lease arrangements that might be considered. Mr. Miller stated ..... -- -- July 15, 2002 3 ... that a business license would have to be obtained, and if the nature of a particular business is not suitable to a live-work unit, then Community Development would not recommend issuance of a business license. Council Member Cramer asked Mr. Miller if the homeowners association (HOA) for the development will have any decisive authority regarding what type of business can be put in a live-work unit in order to protect the homeowners, and Mr. Miller stated that a stipulation requiring staffto review HOA documents to ensure that they contain some type of caveat to give the HOA some control over what type of businesses could be allowed in the live- work areas can be included. Mr. Cagle stated that live-work units, by their nature and design, discourage certain applications, and that the parking arrangements planned are also intended to place some limits on customer traffic. Mr. Cagle stated that the HOA documents will specify which types of businesses are allowable for live-work units and which are not. Council Member Hawkins pointed out that privileged license requirements will tend to filter certain types of businesses from the live-work areas. Council Member Newcomb asked Mr. Miller if there will be a deceleration lane in the subject area, and Mr. Miller stated there is a stipulation to the effect that, if the City Engineer determines a deceleration lane is needed, one can be added. Council Member Newcomb asked Mr. Miller what effect approval ofTennTech's request would have on future plans to widen Concord Road for a median, and Mr. Miller stated that studies have indicated it may be possible in the future for a median strip to be installed on Concord Road. Council Member Newcomb asked Mr. Miller how the City can ensure that certain trees at the proposed development are protected, and Mr. Miller stated that many of the trees will likely be lost if the development goes ahead. Council Member Newcomb stated the density of the proposed development is too high to allow many trees to remain, and that this is a matter of concern to him. Mr. Miller stated that stipulations for replacement trees, as used in the Village Green project, are being applied to Concord Road projects as well. Mr. Miller stated the plans for Concord Road have made the Linear Path a priority consideration. Mayor Bacon stated that, even in a less dense development, it is not likely that many trees could be saved. Mayor Bacon stated that telephone poles in the vicinity ofthe development will detract from its appearance, and that the expense of putting these utility connections below ground is great. Mr. Miller stated that underground utility connections are an important consideration for future development on Concord Road. Mr. Cagle stated he advocates preservation oftrees where possible, and that in order to make this project conform more closely to the City's plans for the subject area, some changes were made which increased the number of trees that will be removed. Mr. Cagle stated he always tries to make certain he gives accurate representations of what he intends to build, and that he does not make promises he cannot keep. .. Mayor Bacon recognized Ms. Heather Johnson, residing at 245 Angla Drive, who expressed disappointment that trees are being lost to continued development. Ms. Johnson asked that efforts be made to conserve more trees. Mayor Bacon recognized Mrs. Rebecca Black and Mr. Anthony Black, residing at 1090 McLinden Avenue, who expressed the view that the proposed development could have a favorable impact on property values in the area. Mayor Bacon recognized Mr. Paul Atkins, residing at 1130 Medlin Street, who expressed the view that trees alone will not improve property values, and that the proposed development would be better than another shopping center. Mr. Atkins stated he supports the proposed development. Mayor Bacon recognized Ms. Connie Gauche, residing in Roswell, who expressed the view that trees are a valuable resource and worth saving. Mayor Bacon recognized Ms. Beverly Clayton, residing at 1150 McLinden Avenue, who expressed objections to the density of the proposed development and opposition to the develop- ment. Mayor Bacon recognized Mr. Peter Berndt, residing at 245 Angla Drive, who expressed opposition to high-density development. ... Mayor Bacon recognized Mr. Ed Hatcher, residing at the comer of Dunton Street and Nichols Street, who expressed support for the proposed development. MOTION: Council Member Hawkins made a motion to approve a request to rezone a 5.129 acre parcel from Future Commercial (FC) and R-15 (SFR) to CBD Conditional (Central Business District) at Concord Road near Dunton and Hunter Streets and between Nichols and Pickens Streets for TennTech with the following stipulations: 1. There shall be protective covenants on all lots and there shall be a mandatory homeowners association for the development. July 15,2002 4 2. The development shall conform to the site plan ( Concept #3 dated 5/24/02) submitted with the rezoning application. The following minimum setback standards shall be maintained: Concord Road - 30' (Residential/Live-Work), Concord Road - 25' (Commercial), DuntonlNichols Street - 10', north property line - 10' and northwest property line - 10'. The following minimum building separation standards shall be maintained: front to front - 60', front to side - 40', side to side - 10', side to rear - 30' and rear to rear - 50' . 3. The development shall incorporate the design elements of the City's Urban Design Standards dated 1998 for commercial and live-work buildings. 4. The developer may have the option of constructing up to 10,000 square feet of commercial/office floor area in the building proposed to be located at the intersection of Concord Road and Dunton Street (this building is currently depicted on the site plan). Any change in the concept for this building must be approved by the Mayor and City Council. ..., 5. All buildings shall be constructed with brick, stone and other masonry products (excluding Hardi Plank Siding) or a combination thereof on the front and side elevations. The rear elevations may include Hardi Plank Siding when used in combination with other masonry products. 6. Internal sidewalks shall be provided in front of each residential unit. The sidewalk along Concord Road shall be a minimum of 10' to 12' in width while the remaining sidewalks will be 5' in width. 7. The final design of the sidewalk along Concord Road shall be approved by the City Engineer consistent with the plans for the Concord Road Linear Path. 8. The development of private streets shall conform to the City's standards for public right-of- ways. 9. 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. 10. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside the development. ..., 11. All utilities within the development shall be underground. 12. The developer will comply with the City's current tree ordinance and plans shall be submitted to the city arborist for review and comment prior to approval. Trees shall be planted in the locations detailed on the site plan dated 5/24/02 (at an average spacing of 1 tree per each 35 feet). Tree species and caliper shall conform to the City's landscape requirements provided the trees along Concord Road are installed at a minimum DBH of between 4" and 6". The tree species along Concord Road shall be first reviewed and approved by the City as a condition of building permit approval. 13. The protective covenants will require all non-resident property owners to keep the Homeowners Association advised of the current address and phone numbers where they can be reached. 14. There shall be a landscaped front entrance, with monument, indicating the name of the development. Deceleration lanes shall be provided if deemed necessary by the City Engineer. 15. No debris may be buried on any lot or common area. 16. The developer will install decorative streetlights within the development (including Concord Road), subject to approval by the City Engineer. ...... 17. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 18. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 19. A strip of brick pavers or stamped concrete shall be installed on the street entrance from each external street for a minimum distance of 20 feet. July 15, 2002 5 20. The permitted uses in the project will be limited to those allowed in accord with the'Central Business District, except convenience stores which shall be prohibited. 21. As a condition of building permit approval, the developer shall be responsible for the cost of their portion of intersection improvements deemed necessary by the City Engineer limited to split-phasing and signal head changes not to exceed $2,000. . for any reason, development and use of property approved in accordance with the procedure outlined above mnot be accomplished, such plans shall not be nltered, clwnged, or vnried, except nner approval by the ~ayor and council. When conditional zoning has been granted, but no affirmative action to perform said conditions, or to obtain a building permit subject to such conditions [has been taken], and such status continues for 12 months after mayor and council approval of such conditional zoning, the property shall revert to its original status prior to such conditional zoning. The motion was seconded by Council Member Cramer. Council Member Lnenicka stated he will not support the motion, nnd that he believes the Council should have a clearer idea as to what direction redevelopment on Concord Road should tnke before nny specific plans nre approved. Council Member Lnenicka also stated that many aspects of the proposed development have not been presented in adequate detail for a decision to be made, and expressed various concerns. Council Member Pritchett stated there is a need for compromise. Council Member Pritchett stated she likes the idea of saving trees, but that the subject area has experienced decline in recent years and that the proposed development will have n favorable impact on the community. Council Member Pritchett stated the proposed development fits with the genernl plnns for redevelopment in the Concord Road nren, and that she will support the motion. Council Members Cramer, Hawkins, Pritchett and Wood voted in fnvor of the motion, Council Members Lnenicka ane! Newcomb voted in opposition to the motion, and Council Member Scoggins abstained from voting. Motion was npproved 4 - 2. .. Council Member Newcomb stated that, because the last motion was approved by only 4 votes, it is the Mayor's prerogative to veto the vote, and asked Mayor f1aeon to consider a veto of the vote on item 4A. Council Member Cramer stated the Mayor was not required to take any action and can let the vote stand. Mayor Bacon stated that all the information available ShOldd be taken iuto consideration when deciding whether or not to approve specific actions. (B) Land Use Change Request - Low Density Residential to Central Business District- Concord Road near Dunton and Hunter Streets and between Nichols and Pickens Streets - TennTech Mayor Bacon statcd this is a public hearing nnd asked for Pllblic commcnt. There was none. MOTION: Council Member Hawkins made a motion to npprove a land use change request from Low Density Residential to Central Business District for Concord Road near Dunton and Hunter Streets and between Nichols and Pickens Streets for TcnnTech, and Council Member Cramer seconded the motion. Council Members Cramer, Hnwkins, Pritchett and Wood voted in favor of the motion, Council Membcrs Lnenieka and Ncwcomb voted in opposition to thc motion, nnd Council Member Scoggins abstaincd from voting. Motion was approvcd 4 - 2. (C) Varinnce Request - Reduction in Minimum Lot Width - 1175 Stephens Strect - Longo Homes, Inc. Mr. Wright stated that the pmpose of the request is to try to save some trees on the lot for which subdividing is proposed. Mr. Wright stated that staff docs not support the request because no hnrdship has been demonstratcd. .... Mayor Bacon recognized Mr. Gary Miller, the property owner, and Mr. Vincent Longo, the bu i Ider. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mr. Gary Miller stated the purpose of the variance is to preserve some trees on the property in order to create a buffcr betwecn the cxisting hOllse and the one Mr. Longo proposes to build if the lot is subdivided. COllncil Member I lawkins asked Mr. Gary Millcr how large the newly created lot would be, and Mr. Miller stated it will he approximately 15,000 square feet. MOTION: Council Member Hawkins made a motion to approve a varinncc request for reduction in minimum lot width to 65' at 1175 Stephens Street for Longo I-Tomes, July 15,2002 6 Inc., and the motion was seconded by Council Member Cramer. Motion was approved 7 -0. (I)) Yariallce Request - Reduction in Nunluer or Required ('arking Spaces - South Cobb Drive/NortherIl Outpareel or Ilighlands Station Shopping Center - Smyrna Beverage Warehouse Mr. Wr;ght stated the subject business is a 9,000 square feet retail store alld that the Zoning Ordinance requires 50 parking spaces lor a business of this size. Mr. Wright stated the applicant is requesting the number of parking spaces be reduced to 43 because of the irregular shape of the lot. Mr. Wright stated that staff supports the variance request with certain conditions. Mayor 8acon statcd this is a public hearing and asked for public comment. There was none. ---. Council Member Lnenicka recognized Mr. Kent 8elll1ower, who represents the applicant. Council Member Lnenicka askcd Mr. Lkllllower to provide details regarding the proposed landscaping at the subject location, and Mr. 8elll1ower stated a licensed landscape architect should be consulted to recommend a suitable plan. Mr. Belll10wer stated that trees should be a minimum of 2" diameter and sod and shrubs should be installed where practicable. Council Member Lnenicka stated these landscape details will be incorporated into the stipulations as stipulation #6. MOTION: Council Member Lnenicka Illade a Illation to approve a variance request for reduction in the number of required parking spaces from 50 to 30 for South Cobb Drivel Northern Outparcel of Highlands Station Shopping Center for the Smyrna Beverage Warehouse with the following stipulations: I. Landscape islands will ue provided arter every tenth parking space. 2. A 15' wide landscape burICr will be provided along South Cobb Drive. 3. The building will be designed with rour-sided brick elevations. 4. The subject parcel shall either acconllllodate all drainage on site, or Via the existing shopping center rctention pond. 5. There will ue an inter- parcel access agreelllcnt with the adjacent property to the south will be obtained when buill. --- 6. Prior to issuance or any COAs, a plan will be agreed upon by the developer and the City staff. The plan wi II be prepared by a I ieensed landscape architect containing trees of a minimum 2" caliper DBII, sodded and mulched areas, seasonal color areas, IInderstory trees and shru bbery. The motion was seconded by Councill'vlclllber Wood. Motion was approved 7 - O. (E) Variance Request - Reduction in Required Building Separation Distance - Land Lot 487 -Madison Manor Townhomes Mr. Wright stated the applicant is requesting that the fwnt/rear to front/rear separation be reduced from 50' to 47' and the side to front/rear separation be reduced frolll 40' to 20'. Mr. Wright stated tltat stalf suppurts tlte variance request. Mayor Bacon stated tltis is a public hearing and asked l"or public eomlllent, and Mr. Cochran administered the oath to several persons. . Council Member Hawkins stated that, although Madison Manor (MM) has been developed as attached condominiums, the property is still zoned RM-12 for apartments. Council Member llawkins stated that the City Attol"l1ey has recommcnded that thc matter should be tabled for three wecks and that tbc City initiatc a hearing where a rezoning uf the subjcet property to RAD Conditional could be considcred. Council Member Hawkins stated that the dcvclopcr could submit a site-specific plan showing landscaping, sidewalks, and other details normally required by RAD Conditional guiuelines. ' -.... MOTION: Council Membcr Hawkins maue a motion to table agenda itcms 4(E) and 4(F) until thc first Councilmceting in August. * Mayor Bacon recognized Mrs. Miriam Lancaster, owncr of tbe propcrty at 2906 Reed Street; who July 15, 2002 7 ... stated the applicant is neither the owner nor the authorized representative for the property. Mrs. Lancaster stated that notice of this variance request was not given to any of the adjoining property owners. Mrs. Lancaster stated that Prestige Management is the property management company for the BOA. (Clerk's Note: A representative of Prestige Management Group contacted City Hall after the meeting to advise they are no longer associated with MM) Mrs. Lancaster stated that Mr. Jahangard, the applicant, has no authority to accept any legal notice on behalf of the home- owners. Mrs. Lancaster stated that the application does not contain any of the information required by City ordinances, and that the application is not signed. Mrs. Lancaster pointed out what she considers to be various deficiencies in the application. Mrs. Lancaster expressed concern about the number of trees that will be lost if the development goes forward. Mrs. Lancaster showed those present photographs of a common area she believes would be affected by the proposed development. Council Member Hawkins stated this matter is being tabled because of questions which exist about the property's zoning, and that the matter is being tabled at the initiative of the City, not the developer's. Council Member Hawkins stated no one can be forced to apply for rezoning, but the City has the authority to rezone property on its own initiative. Council Member Hawkins stated that, in connection with the rezoning process, the developer will have to rurnish a site plan that can be compared with the standards I'or condominiums. Council Member Hawkins stated that the subject property is still technically apartments and condominium standards cannot be applied until it is rezoned. Mayor Bacon recognized Mr. Mark Wohlin, residing at 2920 Reed Street, who showed those present some sales information he received at the time he purchased his residence, and read some of the information from them. Mr. Wohlin expressed the view that the developer cannot take common land that belongs to someone else. Mr. Wohlin expressed concern about aging water and sewer lines at the existing dwellings. Mr. Wohlin expressed concern about some old trees that would be lost if the development goes forward. Mr. Wohlin stated the proposed new structures would split the existing community in half. Mr. Wohlin expressed concern about possible traffic problems that could be created by the additional density. Mayor Bacon recognized Mr. Bill Messer, residing at 2930 Davis Street, who wanteel to know who his Council representative is. ... Mayor Bacon recognized Ms. Lisa Lewis, residing nt 2924 Davis Street, who stated she likes the trees and natural environment orthe cOl11mon area. Mayor Bacon recognized Mr. Scoll Miller, residing at 2916 Reed Street, who complimented the Mayor and Council for their interest in the City. Mr. Miller stated he is concerned that what he considers to be a non-existent entity appears to be trying to convert property to its own use. Mr. Miller stated it appears that the developer plans to build housing in what hc describes as a "drainage ravine." Mr. Miller stated that thc plot submitted by the buildcr is not to scalc. Mr. Chris Miller stated that there will probably bc some ncighborhood meetings in the ncxt few weeks. Mr. Miller stated there were some amendments to the application package, and that the applicant sent an e-mail settingfortthereasonsforthevariancerequest.Mr. Miller stated the writer communicated in writing that he has contacted the property owners in the affected area by letter. Mr. Miller stated that tax records were checked to dctermine ownership of property, and that a property mnnagcmcnt representative has indicated the common area is owned by the developer. Mr. Miller stated that the City Attorney may have to assist with some of the title searchs. Mr. Miller stated he was the person who placed a notification sign on Church Street, and that he will try to put additional signs oul. The motion was seconded by Council Mcmber Cramcr. Motion was approvcd 7 - O. * (F) Variance Request - Increase in Density from 8 Units/Acre to 9.4 Units/Acre - Land Lot 487 - Madison Manor Tmvnhollles ... MOTION: Council Member Hawkins made a motion to table agenda items 4(E) and 4(f) until the first Council meeting in August. The motion was seconded by Council Member Cramer. The motion was approved 7 - 0.* (G) Privilege License Request - Retail Packngc Liccnse (Beer and Wine) for Ben Addiss, Inc. DBA Exxon food Mart - 677 Concord Road Mr. Wright stated the application is for a change of owncrship and agenl. Mr. Wright stated that inquiry by the Smyrna Pol ice Department (S PD) disclosed no information t hat would preclude issuance ofa license, and that all oflhe license rcquirements appear to have been met. July 15,2002 8 Mayor Bacon rccognized Mr. 13cn Audiss. Mayor 13acon statcu this is a public hearing and askcd for public commcnt. Thcre was nonc. Council Member Hawkins asked Mr. Addiss if hc is the ncw owncr, and Mr. Addiss answered in the affirmative. Council Member Ilawkins askcd Mr. Addiss if Mckdes Aemro will bc thc ncw registered agent, and Mr. Addiss answered in the artirmative. Council Membcr llawkins askcd Mr. Addiss if hc has prcviously owned a convcnicnce store, and Mr. Addiss answered no. Council Mcmber Ilawkins askcd Mr. Addiss if hc has evcr owncd a storc which sold packagcd alcoholic bcvcragcs, and Mr. Addiss answcred no. Council Mcmbcr Hawkins asked Mr. Addiss if Mekdes Aemro has had expcrience in that area, and Mr. Addiss stated he has had experience as a manager but not as an owner. Council Member Hawkins asked Mr. Addiss if he has read and if he understands the City Alcoholic Bevcragc Ordinance, and Mr. Addiss answered in the affirmative. Council Menlber Ilawkins asked Mr. Addiss if he undcrstands hc must ask purchascrs lor idcntification, and Mr. Addiss answercd in thc affirmative. Council Membcr I Jawkins askcd Mr. Addiss to provide details of thc alcoholic bcveragc salcs training he has in placc, and Mr. Addiss statcd clnployees arc trained to ask thc propcr qucstions and to ask for iucntilication. Council MClnber Ilawkins askcd Mr. Addiss if he is awarc that his cmployccs must be fingcrprintcd ami have pcrmits, and Mr. Aduiss answcrcd in the affirmative. Council Mcmber Ilawkins asked Mr. Addiss if he is aware that the Underagc Drinking Task Force (UDTF) periodically makcs random compliancc checks, and Mr. Addiss answered in the artirmative. ... MOTION: Council Member Hawkins made a motion to approve a privilege license request for a retail package license for bcer and wine for Ben Addiss, Inc. DBA Exxon Food Mart at 677 Concord Road, and thc motion was secondcd by Counci I Mcmber Scoggins. Motion was approved 7 - O. (II) Privilege License Rcquest ~ Retail Pouring License (Bcer and Winc) for Pizza Ilut of America, Inc. d/b/a Pizza Ilut- 4500 South Cobb Drive Mayor Bacon rccognized Mr. Rodncy Grapc. Mr. Wright statcd this is a new location. Mr. Wright stated that inquiry by the Smyrna Police Departmcnt (SPD) disclosed no inlol'l1wtion that would preclude issuance of a liccnsc, and that all ofthc liccnsc requircmcnts appcar to havc bccn mct. .... Mayor Bacon stated this is a public hearing amI asked for public eonlmenl. Thcre was nonc. Council Member Lnenieka asked Mr. Grape when Pizza I(ut (PH) will open, and Mr. Grape statcd PH is already opcn 1'01' business. Council Membcr Lncnicka asked Mr. Grape when Pizza Hut opened, and Mr. Grapc statcd it was around Junc 6. Council Member Lnenicka asked Mr. Grapc if PH has bccn opcrating without an alcoholic bcvcragc liccnse, and Mr. Grape answered in thc affirmative. Council Member Lncnicka askcd Mr. Grape for dctails regarding alcoholic beveragc sales training lor cmployees, and Mr. Grapc stated PII cmployees arc traincd to ask all alcoholic beverage purchasers for identification. Council Member Lnenicka advised Mr. Grape the City is aggrcssive about cnforcing alcoholic bcverage salcs regulations. Council Member Lnenicka asked Mr. Grape if he understands the City Alcoholic Beverage Ordinance, and Mr. Grape answered in the affirmative. Council Member Lnenicka askcd Mr. Grape why he was choscn as thc agent, and Mr. Grapc statcd hc livcs in Cobb County and mcets residcncy requirements. Mr. Grape statcd he has hcld an alcoholic bcveragc liccnse before, and has expcri<.:nee training s<.:rv<.:rs fur akullolic beverag<.: sales. Council Melnber Ln<.:nicka asked Mr. Grape how much timc hc will spend atl'H, and Mr. Grape stated about one day a month. Council Membcr Lncnicka askcd Mr. Grape about thc cxperienee of thc on-sitc manager (Jeff Tubbs), and Mr. Grape stated Mr. Tubbs has scvcral ycars of cxperience. Council Member Lnenicka asked Mr. Grape if hc is conlidcnt Mr. Tubbs can makc ecrtain thc alcoholic bevcrage salcs regulations are complied with, and Mr. Grape answered in thc affirmative. MOTION: Council Membcr Lncnicka made a motion to approve a privilege license request for a n:tail pouring liccnse lor beer and wine lor Pizza Ilut of America, Inc. J/b/a Pizza Hut at 4500 South Cobb Drive, and the motion was secondcd by Council Membcr Wood. Motion was approved 7 - O. ..., (I) Privilege Licensc Rcqucst - Retaill'ouring License (Beer and Winc) for G. 1. Bakcry II, Inc. d/b/al Atlanta Bread Company - 4490 South Cobb Drive July 15, 2002 9 Mr. Wright stated this is a new location. Mr. Wright stated that inquiry by the Smyrna Police Department (SPD) disclosed no in/ormation that would preclude issuance of a license, and that all ofthe license requirements appear to have been met. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. ..... Council Member Lnenicka recognized Mr. Charles Puckett ancl Mr. Wayne Wall hausen, the attorney representing Atlanta Bread Company (ABC). Council Member Lnenicka asked Mr. Puckett if he has received a copy of and understands the City A !cohol ic l1everage Ord inance, and Mr. Puckett answered in the affirmative. Mr. Puckett asked if cashiers who conduct sales transactions, but do not actually serve alcoholic beverages, must be 18 years of age, and Mr. Cochran stated he will check into this and advise at a subsequent time. MOTION: Council Member Lnenicka made a motion to approve a privilege license request for a retail pouring license for beer and wine for G. I. Bakery II, Inc. cllb/a/ Atlanta Bread Company at 4490 South Cobb Drive, and the motion was seconded by Council Member Wood. Motion was approved 7 - O. FORMAL BUSINESS: (A) Approval of Resolution for Principles of the GMA Certified City of Ethics Program Mr. Wright stated that Georgia Municipal Association (GMA) has a program which encourages ethical behavior among city officials and recognizes cities that adopt appropriate standards for ethical conduct. Mr. Wright stated that in order fl)r tllC City to bc recognized as a Ccrtified City of Ethics, the proposed resolution must be adopted. Council Member Wood read the proposed Resolution to thosc prescnt. MOTION: Council Member Wood made n motion to approvc adoption of the Rcsolution for principles of the GMA Certilicd City or Ethics Program, nnd thc motion was secondcd by Council Mcmbcr Lncnicka. Motion was approved 7 - n. ... (11) Approval of Contract to Partner with foirst l1aptist Church of Smyrna to Construct a Parking Facility Mr. Wright stated the City has rurnished funding to demolish thc old library building and construct a parking lot near the Village Market as part of that development. Mr. Wright stated First Baptist Church of Smyrna (FI1C) has rCC]llested cooperation with the City in building a parking lot adjacent to its fncility as well. Mr. Wright stated the proposed contract is favorable to the City and to FRC as the City can take funds enrmarked for .Iohn Wicland I lomes (JWI I) and turn them over to FBC to build one unificd pm'king lot to thc same standards as the bid from JWH. MOTION: Council Member Cramer madc a motion to approve a contract to panner with foirst Baptist Church of Smyrna to construct a parking facility, and the motion was seconded by Council Member Hawkins. Mot ion was approved 7 - n. (C) Validation of Application for Annexation of Property -24.0 Acres Tract - Land Lots 310, 317 332 and 333 East/Wcst Connector and foontaine Road, 17th District, 2nd Section, , , Cobb County, Georgia-Cooper Lake Limitcd Partnership Legal Description lliIIIIJ All that tract or parcel orland lying Hnd being in Land Lots:\ 1 0,:\ 17,3:\2, and 333, ortlte 17111 District, 2nd Section, City of Smyrna, Cobb County, Georgia, and being 24.0 acres as shown on survey of Fontaine Estates, dated .Iune 3, 2002, prepared by 1311 & D Engineering, Inc., and being more particularly described as follows: Beginning at a point located on the southerly right of way of East-West Connector, which point is 480 feet westerly as measured along the southerly right of way of East-West Connector, from the intersection of the southerly right of way of East-West Connector with the westerly right of Fontaine Road (if said rights of way were extended to form a point): thence running south 22 degrees 18 minutes 09 seconds east for a distance of 215.94 feet to a point; thence running south 04 degrees 48 minutes 35 seconds east for a distance of 172.82 feet to a point and corner; thence running south 82 degrees 12 minutes 12 seconds east for a distance 180.83 feet to a point and corner; thence mIming south 40 degrees 56 minutes 21 seconds east for a distance of July 15,2002 10 61.42 feet to a point and corner; thence running south 78 degrees 47 minutes 25 seconds east for a distance of 139.64 feet to a point and corner located on the westerly right of way of Fontaine Road; thence running in a southerly direction as measured along the westerly right of way of Fontaine Road the folluwing cuurses allll distances: alung the arc of a curve, an arc distance of iOl.43 feet(said arc being subtended by a chord bearing south 12 degrees 00 minutes 31 seconds west, a chord distance of iO 1.42 feet, and having a radius of 1,708.40 feet) to a point; south 13 degrees 42 minutes 34 seconds west, for a distance of 539.51 feet to a point and corner; thence running north 85 degrees 58 minutes iO seconds west for a distance of 400.32 feet to a point; thence running north 85 degrees 57 minutes 45 seconds west for a distance of 388.38 feet to a point; thence rUlU1ing north 82 degrees 40 minutes 49 seconds west for a distance of 159.09 feet to a point and corner; thence running north 26 degrees 47 minutes 33 seconds west for a distance of 135.72 feet to a point and corner; thence running north 01 degree 40 minutes 57 secolll1s cast for a distance of 106.97 feet to a point; thence running north 18 degrees U 1 minutes 11 seconds cast for a distance of 149.85 feet to a point; thence running north 27 degrees 18 minutes 17 seconds east for a distance of 187.30 feet to a point; thence running north 43 degrees 3U Illinutes 36 seconds cast for a distance of 190.11 feet to a puint and corner; thence running Ilurth 17 degrees 29 minutes 16 seconds east for a distance of 126.01 feet to a point and corner; thence running north 42 degrees 30 minutes 49 seconds east for a distance of 148.26 feet to a point and corner located on the southerly right of way of East- West Connector; thence runnillg north 85 degrees 11 minutes 25 seconds cast as measured alollg the southerly right of way of East-West CUllnector for a distance uf 5U8.74 feet to the point of beginning. ... MOTION: Council Member Wood made a motion to approve validation of application for annexation of property, 24.0 acres tract in Land Lots 316, 317, 332 and 333, at East/West Connector and Fontaine Road, 17th District, 2'1(1 Section, Cobb County, Georgia for Cooper Lake Lilllited Partllership, and to set a public hearing datc of August IlJ, 2002, and the Illotion was seconded by Council Menlber Cramer. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: There were none. CONSENT AGENDA: (A) Approval or .July I, 2UU2 Minutes .., MOTION: Council Mcmber Scoggins made a motion to approve the consent agcnda, and the Illation was seconded by Council Membcr Cramer. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Newcomb stated he maintains an open and impartial mind about every rezoning request that cumes before the Council. Council Member Cramer reminded those present that bricks at the Veterans Memorial are still available and that the City's anniversary celebration will be coming next month. Council Member Lnenicka recognized Mr. Chris Miller, who provided current permit statistics. Mr. Miller reminded those present about the Growth Strategies COlllmittee meeting this month. Mayor Bacon expressed his appreciation to Representative Terry Johnson for his assistance in obtaining Local Assistance funds in the alllount of $3 5,000 for the Veterans Memorial. Mr. Wright stated that on July 22 at 13rinkley Park there will be an all-star Little League baseball game. j\DJOlJRNMENT: With no further business, the meeting was adjourned at 11 :30 p.m. -- July 15,2002 A.MAXBACON,MAYOR .. MELLENY PRITCHETT, WARD I ~{)7~J SUSAN D. HIOTT, CITY CLERK ~oJL RON NEWCOMI3, WARD 2 --- )2~/~1~11~ ~k~~ CHARLES PETE WOOD, WARD 7 .. .. WADE S. LNENICKA, WARD 6 11 RESOLUTION ...., WHEREAS the Board of Directors of the Georgia Municipal Association has established a Certified City of Ethics program; and, WHEREAS the City of Smyrna, wishes to be certified as a Certified City of Ethics under the GMA Program; and, WHEREAS part of the certification process requires the Mayor and Council to subscribe to the ethics principles approved by the GMA Board; NOW THEREFORE BE IT RESOLVED by the governing authority of the City of Smyrna, Georgia, that as a group and as individuals, the governing authority subscribes to the following ethics principles and pledges to conduct its affairs accordingly: * Serve Others, Not Ourselves * Use Resources With Efficiency and Economy * Treat All People Fairly * Use The Power of Our Position For The Well Being Of Our Constituents * Create An Environment Of Honesty, Openness And Integrity so RESO~-=: of July, 2002. 1 . -L-.J-.- ~~~ ~(j).'fI~ ...., A. Max Bacon, Mayor Susan D. Hiott, City Clerk ~.~ J--{~ Ron Newcomb, Ward 2 Ch?nh LpJ. J!avu:L~ /f~~ Wade S. Lnenicka, Ward 6 "'_:<~~--~-" . ,'" t.. i A' . :~~~ ..,~: ~" ..) '.,~t"""" "'" \', '. ~:\ ,:c :- ,..., . - -- ~. ~ ".\~?~'~:o:, _.... - - ~/' -.X..'l' - - ',,'~~./ ,"'- .~_.~~,., ......,. July 1. 2002 The regular scheduled meeting of Mayor and Council was held at Smyrna City Ha]l. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Community Development Director Chris Miller, and representatives of the press. ... Invovation was given by Pastor Chuck Moon of Tillman United Methodist Church, followed by the pledge to the flag CITIZENS INPUT: Mayor Bacon stated agenda items 41" and 4G will be tablcd until the July 15, 2002 Council meeting. Mayor Bacon recognized Mr. Charlie Levinson, who stated a debate among the Republican candidates for the post of Lieutenant Governor will be held at the Renaissance Waverly Hotel on July] 7, 2002. Mayor Bacon recognized Mr. Dan White, who expressed appreciation for the attention afforded to the question of sidewalks on Cooper Lake Road at the last Council meeting, and for the opportunity for citizens to come together as a community to express their views. MAYOR'S REPORT: Mayor Bacon stated agenda items 4P and 4Ci will be tabled until the July 15, 2002 Council meeting. PUBLIC HEARINGS: ... (A) Rezoning Rcquest - .41 Acre Tract from R-20 to RAD Conditional - Land Lot 477 ncar Cooper Lake Road and King Springs Road - Old Cahin Trace Development, Inc. Mr. Wright stated that there is an existing, approved subdivision in the area and that there is a request to add a AI acre lot to the subdivision by anncxing it into the City. Mr. Wright stated the density of the subdivision will increase slightly if the illlnexation is approved, and that thc Planning and Zoning Board has approved the proposed changes to the subdivision. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognizcd Mr. Tommy Sweet, represcnting Old Cabin Tracc Development, Inc. (OCT D). Council Member Wood statcd that last month thc subdivision plan was modified to add three parcels. Mr. Sweet stated the number of lots will incrense from 34 to 35 if the annexation is approved, nnd that the existing structure will be retained ns an accessory building. Mr. Sweet stated the developer will be able to install n sidewalk from King Springs Road which will cover the frontage of the subdivision along Cooper Lake Road. MOTION: Council Member Wood madc a motion to approve a rezoning requcst for a .4 J acre tract from R-20 to RAD Conditional, Land Lot 477 near Cooper Lake Road and King Springs Road, for Old Cnbin Trace Development, Inc., with the following stipulations: .. 2. j. The existing residence which will be incorporated into Lot 6 shall be used as an accessory structure only and not as a separate dwelling unit. No kitchen shall be permitted. Protective covenants shall be provided for all lots with mandatory homcowncrs association. 3. Storm water detention shall be designed to create nt least a 10% rcduction in the 100 yenr storm event and the City Engineer shall approve all plans. 4. All detention ponds shall be placed and screened appropriately to bc unobtrusive to homes inside and outside the development. 5. All utilities within thc developmcnt shall be underground. July 1, 2002 2 6. The developer shall comply with the City's current tree ordinance and plans shall be submitted to the City for review and comment prior to construction. 7. The protective covenants wi II requirc all non-rcsident property owncrs to keep the homeowners association adviscd of thc currcnt address and phonc numbcrs where they can bc reached. 8. Landscaped front entrance with monument sign indicating thc name of the development and deceleration lanes shall bc providcd at the entrance as required by the City Engineer. 9. No debris may be buried on any lot or common area. 10. The developer will install decorative strectlights within the development, subject to approval by the City Engineer. ... II. All yards and common arcas arc to be sodded. and landscaped - irrigate as appropriate. 12. All landscape plans must be prepared, stamped, and signcd by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 13. Each lot shall have four trees replanted per lot - 4 - 3" calipcr or 2 - 2" and 2 - 4". The following species of trees may be used: Nuttall Oak, Allee Elm and Villagc Green Zelkova. Other spccies may be used if approved by the City. In the event that a 12" caliper or larger hardwood tree is saved on a lot, the replanting shall be waived. 14. All streets shall have a sidewalk on two sides. Alternatively, the developer may work with the City Engineer to install a sidewalk along Cooper Lakc Road and a sidewalk on one side of the internal streets. 15. A grass buffer with a minimum width 01'2' shall be provided between the back of curb and sidewalk. 16. New homes adjacent to streets outside dcvelopment shall be four sided brick, stucco, stone or architectural shakes. 17. Developer shall install a 6' masonry wall, wrought iron fence, or a combination of both along the frontage of the developmcnt. 18. Developer shall providc a minimum of 20' undisturbed buffer along the frontages of streets outside the development. ..... 19. Developer shall provide at least 200 square fcct of common space pCI' lot that shall be controlled and maintained by the Homeowners Association. 20. Applicant will donate sufficient right of way on the north side of Coopcr Lake Road to establish a minimum distance of 40' from thc roadway ccntcrlinc. 21. Applicant will be responsible for curb, gutter and sidewalks on both sides, along the deceleration lanes as required by the City Engineer. Mr. Sweet asked Mr. Wood if it would be possible to keep the bathroom in the accessory structure, and Mr. Wood stated such an amendment can be added subject to approval by the Community Development Director. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (B) Development Plan Amendmcnt Request - Incorporation of AI Acre Tract of Annexed Land - Land Lot 477 near Cooper Lake Road and King Springs Road - Old Cabin Trace Development, Inc. MOTION: Council Member Wood made a motion to approve a development plan amendment request for incorporation of Al acre tract of annexed land, Land Lot 477 near Cooper Lake Road and King Springs Road for Old Cabin Trace Development, Inc., and the motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. ...., (C) Rezoning Request - 2A2-Acre Tract from Office Distribution (00) to Office Institutional (01) - Land Lot 379 on Ask-Kay Drive near South Cobb Drive - The Universal Church Mr. Wright stated stated the rezoning request is for a change from 00 to 01 in order to establish a church in the subject arca. Mr. Wright statcd a church is not an approved use for the existing zoning (00). Mr. Wright statcd that, contrary to the recommcndation orthc Planning and Zoning July 1, 2002 3 Board, staff does not support the rezoning. Mayor Bacon stated this is a public hearing and asked for public comment, and several persons were administered the oath by Mr. Cochran. .. Council Member Cramer recognized Mr. Tim Minors, an attorney representing The Universal Church (Ue). Mr. Minors made reference to a comment made previously by Mr. White regarding a sense of community, and added that churches are important to a community. Mr. Minors stated that UC ministers to many members of the La/ino population, and that without a UC facility in the City, UC members must travel to a site in Atlanta for services. Mr. Minors introduced Ms. Mary Kowalski, a landscape architect, who presented a proposed site plan for the church, and provided details relating to the plan. Mr. Minors stated that Mr. Steve Askea has raised objections to the parking area and safety questions pertaining to the intersection of Ask-Kay Drive and South Cobb Drive. Mr. Minors provided statistics about vehicular traffic in the subject area for those present. Council Member Cramer asked Mr. Minors to confirm that daily morning services are planned at the proposed UC location, and Mr. Minors answered in the affirmative. Mayor Bacon pointed out that many of the UC attendees will be using public transportation, and asked how they would cross South Cobb Drive to get from the bus stop to the proposed UC location, and Mr. Minors stated they will have to cross at the Church Street intersection. Council Member Cramer asked if there will be day care available at the proposed UC location, and Mr. Minors answered no. Mr. Minors introduced Mr. Chris Loscosco, who explained programs for children planned at Uc. Council Member Cramer asked Mr. Loscosco to provide details about planned morning programs at UC, and Mr. Loscosco stated various service times are planned to accommodate UC memhers who work various shifts. Coullcil Member Scoggins asked if the subject of parking at the proposcd UC location has been adequatcly addrcssed, and Council Mcmber Cramer stated he is concerned that potential wetlands in the area near the parking space have not yet been clearly identified as such. Ms. Kowalski stated she is confident about 20 parking spaces can be added, and that she believes there may be no designated wetlands in the area. Council Member Pritchett asked Mr. Miller if the City has received all surveys, studies and other information needed for evaluation of the rezoning request, and Mr. Miller statcd that the information received from the applicant is adequate for the City's necds. Council Membcr Scoggins askcd Mr. Miller for a recommendation, and Mr. Miller stated staff does not support the rezoning. Council Member Scoggins asked Mr. Miller ifit is correct that staffs opposition to the rezoning is based on incompatibility with the other uses in the subject area, and Mr. Miller answered in the affirmative. Mr. Minors expressed disagreement with Mr. Miller's position, and cited various excerpts from the staff report and other research which he believes supports thc UC's position. Mr. Minors cxplained the bcnefits to the subjcct area that he bel ieves wi II come about if the rczon ing is approved. ... -- Mayor Bacon recognized Mr. Steve Askea, owner of Ask-Kay Electrical Contractors, Inc. Mr. Askea stated he also represents B & G Properties, which is owned by his parents. Mr. Askea stated he bclieves the buildings in the sul~ject area are well-maintained. Mr. ^skea stated he is not opposed to churches, but that he is opposed to locating a church at the site proposed by UC. Mr. Askea stated the subject area is a business park, and that the buildings there are of a commercial! industrial type. Mr. Askea stated that traffic in the area is heavy and potentially dangerous. Mr. Askea stated he has seen rain accumulate on the ground in the subject location, and that he believes it may really be designated wetlands. Mr. Askea stated he does not believe the proposed UC site is an appropriate location for a church. Council Member Cramer asked Mr. ^skea if the twenty signaturcs he saw on a petition expressing opposition to the rezoning were from tcnants in the subject location, and Mr. Askea statcd they were from tenants or employees of tenants. Council Member Cramer asked Mr. Askea to describe truck traffic in the subject location, and Mr. Askay stated that large commercial transpOlt trucks come to the area in connection with cargo carriage and that this type of traffic is frequcnt. Council Member Newcomb asked Mr. Askea to describe the types of busincsses that arc in the subject area, and Mr. Askea stated the businesses there include a car business, an electrical wholesale house, a vehicle restoration shop, a printing company, a rubber pipe sales company, an electrical control supplier, a company which s~lIs fans, paint and other supplies, a plastic bag purveyor, and a bulk mail service company. Council Member Newcomb asked Mr. Askea how many businesses are there, and Mr. Askea stated fifteen. Council Member Newcomb asked Mr. Askea how many entrances there are to the office park, and Mr. Askea stated there is only one. COllncil Member Hawkins asked Mr. Askea what entity previously occupied the cxisting building at the proposed UC site, and Mr. ^skca stated it was the Georgia Department of Labor, and that the building is now vacant and deteriorating. Council Member Hawkins asked Mr. Askea who owns the subject property now, and Mr. Askea stated he believes it is owned hy a gentleman named Roy Summers. Mr. Minors stated that Mr. Askea has prcviously rented space in the subject area to a church. Mr. Minors stated that he believes the questions regarding water run-off have been properly addressed by qualified professionals. Mr. Minors stated the only objection Mr. Askea might have would relate to limited parking, and that plans are in place to correct this deficiency. Mr. Minors July 1, 2002 4 stated the proposed UC site is a good place for a church and that a church is needed. Mr. Minors asked the Council to approve the rezoning request. Council Member Cramer made reference to some questions Mr. Minors had raised regarding the staff report, and stated that "rezon ing" seems to be a key consideration in this matter. Mr. Miller stated that part ofthc issue pertains to specific use, i.e., a church, versus a zoning category, and that this is an important distinction because a church is one use within the 01 category, which includes other uses such as convalescent homes and others as well. Mr. Miller stated both 01 and OD zoning categories include the word "office" in them, and the majority of uses in each category would be compatible in an area with each other. Mr. Miller stated that it is staff's opinion that a church would not be appropriate, and that the reasons therefor are set forth in the staff memo- randum, including potential traffic and access problems. Mr. Miller stated the compatibility of a propqsed use with other existing uses in the affected area must be taken into consideration. Mayor Uacon asked Mr. Miller if the rezoning were approved, if there is any guarantee a building permit could be issued for a new UC building with the flooding problems which may exist in the proposed construction area. Mr. Miller stated there is no guarantee that a permit could be issued, and that additional work would need to be done. Mayor Bacon asked Mr. Miller who determines whether or not the property is in a !load plain, and Mr. Miller stated the City Engineer makes that determination. Mayor Bacon asked Mr. Miller if it is acceptable to put parking space in an area designated as flood plain, and Mr. Miller answered in the affirmative. Mr. Miller stated that there are flood plain issues at the subject property. Mayor Bacon asked if the proposed new con- struction would have the same "footprint," and Mr. Minors stated there would be some minor changes to satisfy setback requirements, but that the proposed new building would be built upon almost the same ground. ...., Council Member Cramer stated again that rezoning is a key consideration in this matter, and that the information presented has not persuaded him that a change in zoning is justified. Council Member Cramer expressed till: view that a church would not bc compatible with the other uses currently in the subject area. MOTION: Council Member Cramer made a motion to deny a rezoning request for a 2.42-acre tract from Office Distribution (00) to Onice Institutional (01) for Land Lot 379 on Ask-Kay Drive near South Cobb Drive for The Universal Church, and the motion was seconded by Council Member Hawkins. Council Member Hawkins stated that staff has clearly set forth the reasons for opposing the proposed rezoning in their report. Council Member Newcomb stated that a church would not be appropriate in area with heavy commercial-type use. Motion was approved 7 - O. ..., (D) Zoning Amendment Request - 6.36 Acre Tract, 10' Reduction in Front Yard Setbacks Requirement - Land Lots 398 and 399, Vinings Estates - John Wieland Homes and Neighborhoods (JWHN) Mr. Wright stated that there is a minimum setback requirement of 20' in the development, and that the developer has found some steep slopes in the proposed construction area. Mr. Wright stated the developer is requesting a front yard setback reduction to 10' for filteen houses in the affected area, and that staff supports th is proposed amendment. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Wood recognized Mr. Scott Auer, Project Manager for JWHN. Mr. Auer stated the setback reduction request is being made because of the steep topography on these particular lots and that the setback reduction, if approved, would optimize the owners' chance of having a back yard of adequate size. Council Member Wood stated that the setback reduction would not adversely affect parking on the driveways of the affected dwellings. Council Member Lnenicka asked Mr. Auer to clarify the actual distances involved, and Mr. Auer explained the distance from the curb to the building would be about 22'. Council Member Hawkins asked Mr. Auer if the intention of JWHN is to increase the size of the affected houses' back yards by moving them forward on the lots, and Mr. Auer answered in the affirmative. Council Member Wood asked Mr. Auer if it is correct that the proposed change would not affect any existing property owners, and Mr. Auer answered in the affirmative. Council Member Cramer asked Mr. Auer if any checks have been made to determine if the proposed parking areas will be large enough to accommodate any vehicle a homeowner might be expected to store at their residence, and Mr. Auer explained that the typical garage built by JWHN is 21' deep, which can accommodate Suburban-type vehicles and similarly large vehicles. Council Member Wood stated that staff supports the proposed change. .... MOTION: Council Member Wood made a motion to approve a zoning amendment request for a 6.36 acre tract for a 10' reduction in front yard setbacks requirements for Land Lots 398 and 399 for Vinings Estates for John Wieland Homes and Neighborhoods, and the motion was July 1, 2002 5 seconded by Council Member Cramer. Motion was approved 7 - o. (E) Rezoning Request - 4.32 Acre Tract from R- 15 to RAD Conditional - Land Lot 457 on Gann Road near Reed Road - The French Colony Mr. Wright stated the proposed new construction is for twelve single-family homes with an average lot size of 13,000 square feet. Mr. Wright stated that all zoning requirements have been met except the minimum lot size, and that staff and PZB support the rezoning request with certain 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 Wood recognized Ms. Orna Kadish. Ms. Kadish stated that the houses will have superior materials on three sides, and that some, but not all, of the houses will have basements. Council Member Wood asked if it is correct that eleven new homes will be built with an existing home to remain, and Ms. Kadish said yes. Council Member Wood asked if the existing home is to be renovated, and Ms. Kadish stated it probably will be. Mayor Bacon recognized Mr. Ben Johnson, residing on Gann Road, who expressed the view that the density of the proposed development is too high for the area it is in. Council Member Cramer stated the proposed density is 2.7, which he considers low. Council Member Wood stated that the average lot size is 13,000 square feet with all setback requirements met. Mr. Johnson stated his objection is to any lot which is small. Mr. Johnson asked for clarification as to what exactly constitutes the "superior materials" specified for three sides of the new houses, and Ms. Kadish stated it is brick, stucco, 01' decorative siding. Mayor Bacon recognized Mr. Fred Salati, a resident of Reed Place, who expressed the view that the density of the proposed subdivision may be.high. Mr. Salati stated the road in the affected area is curved and potentially hazardous, especially around the entrances. .. Mr. Miller stated that signs pcrtaining to rezoning are required to be postcd 15 days before the Council meeting. Mr. Miller stated the City is also required by law to advertise the hearing information at least] 5 days before the meeting date. Mayor Bacon asked Mr. Miller about the concerns expressed regarding the curving road and the location of subdivision entrances, and Mr. MilicI' stated thcrc arc somc rcquirements regarding clear sight distance when subdivision entrances are sited. Mr. Miller statcd that, although some hills and curves cxist in the subject area, placing an entrance there does not create an unsafc situation. Mr. Miller stated that the density of the proposed subdivision is within the guidelines of the City's land lIse plan, and is not considered a high-density project. Mr. Miller also stated that certain IIllUSIWI circulllstanccs associatcd with The French Colony projcct would prccludc any precedents being set. Mayor Baeon asked Mr. Miller if there is a minilllum distance requirement between an existing tower on the subdivision property and the dwellings to be built, and Mr. Miller stated that he does not know of any such distance requirement. Mayor Bacon recognized Mr. Rick Brown, who stated when he sold the subject property to the developer, a eond ition of the sale was that the density of any construction cannot excced three units per acre. Mr. Brown stated he has driven on the roads in the subject area for many ycars, ancl he does not anticipate any driving hazard to the residents of the proposed subdivision. Mr. Brown stated the proposed subdivision is the best use for the land and for the City. Council Member Wood asked Ms. Kadish to provide details about the proposed structures, and Ms. Kadish provided illustrations and a general description. Council Member Wood asked Ms. Kadish if it is correct that the houses will start at about $250,000, and Ms. Kadish answered in the affirmative. Council Member Wood read the stipulations for the development as follows: .... 1. There shall be protective covenants on all lots and there shall be a mandatory homeowners association for the development. 2. The development shall maintain the following minimum standards: front yard setback - 35', rear yard setback - 30', side yard setback - 10' and a minimum house size of 2,200 square feet of heated and cooled space excluding the garage and basement areas. The elevations for each residence shall be consistent with the elevations presented to the Planning and Zoning Board at its June 10, 2002 Meeting. July 1, 2002 6 3. 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 retention ponds shall be placed and screened appropriately to be unobtrusive to homes inside and outside thc devclopmcnt. 5. All utilities within the dcvclopment shall be undcrground. 6. The developer will comply with the City's current trce ordinance and plans shall be submitted to the city arborist for review and comment prior to construction. 7. The protective covenants will require all non-resident property owners to keep the Home.owners Association adviscd of the current address and phone numbers where they can be reached. - 8. There shall be a landscaped front entrance, with monument, indicating the name of the development. Deceleration lanes shall be provided at the entrance if deemed necessary by the City Engineer. The location of any entry gate shall be approved by both the City Engineer and the Director of Community Development prior to construction. 9. No debris may be buried on any lot or common area. 10. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. II. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. 12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect or a degreed horticulturist for common areas and entrances. 13. Each lot shall have the following trees replanted per lot 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, ^lIe<.: Elm, and Villag<.: Gr<.:<.:n Z<.:lkova. Other sp<.:cies may be used if approved by the City. In the event that a 12" caliper or larger hardwood tree is saved on a given lot, the replanting requirements for that given lot may be waived. 14. A sidewalk shall be added to along one side of the north side of the interior street from the Gann Road entrance to the cui-dei-sac. WIllI 15. All exterior sides shall be comprised primarily of brick, stucco, stone or architectural shakes. Hardy Plank shall only be used as an accent and not as the primary architectural treatment on any elevation. 16. Developer shall install a 6' masonry wall, wrought iron fence, or a combination of both along the frontage of the development. 17. Developer shall provide a minimum of 20' buffer along the frontages of streets outside the development. The entry wall and street may be located within this buffer as required by stipulation numbers 8 and 16 above. 18. A 10' landscape buffer shall be provided along the north, south and west property lines of the overall development. 19. A strip of brick pavers or stamped concrete shall be installed on the street entrance from Gann Road for a minimum distance of20 feet. 20. The developer/contractor shall meet with the City before construction begins to identify construction access points to minimize impacts upon adjacent residents. 21. The existing chain link fence that separates the proposed Lot 12 from the property of Richard L. Brown shown on the preliminary plat for Vining Trace Subdivision dated 5-20-02 will remain in place. ... 22. The minimum sales price in the subdivision shall be $250,000. MOTION: Council Member Wood made a motion to approve a rezoning request for a 4.32 acre tract from R-15 to RAD Conditional for Land Lot 457 on Gann Road near Reed Road for The French Colony, Inc., to include the foregoing 22 stipulations, and the motion was seconded by July 1, 2002 7 Council Member Cramer. Council Member Cramer asked Ms. Kadish about installation of a sidewalk in the area, and Ms. Kadish stated the matter has not been addressed. Motion was approved 7 - o. (F) Rezoning Request - 5.129 Acre Parcel from Future Commercial (Fe) and R-15 (SFR) to CBD Conditional (Central Business District) - Concord Road near Dunton and Hunter Streets and between Nichols and Pickens Streets - TennTech Mayor Bacon stated this item is tabled until a subsequent Council meeting. (G) Land Use Change Request - Low Density Residential to Central Business District _ Concord Road near Dunton and Hunter Streets and between Nichols and Pickens Streets _ TennTech ... Mayor Bacon stated this item is tabled until a subsequent Council meeting. MOTTON: Council Member Hawkins made a motion to table items (I') and (G) until the July 15, 2002 Council meeting, and the motion was seconded by Council Member Wood. Motion was approved 7 - o. (H) Variance Request - Reduction in Number of Required Parking Spaces - Area of Lake Drive - Concord Road Body Shop/Cecil Pickens Mr. Wright stated that, based on square rootage of the proposed structure, the Smyrna Zoning Code requires 153 parking spaces, and the applicant is requesting a reduction to 114. Mr. Wright stated that staff supports the variance with certain stipulations. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. ... Council Member Hawkins recognized Mr. James D. Pickens, and asked him to provide details regarding the variance request. Mr. Pickens stated that the business owner is requesting to reduce the required number or parking spaces at the proposed site, and expressed the view that the reduced number of spaces should be adequate for the volume of vehicles expected. Council Member Hawkins asked Mr. Pickens how many vehicles could be stored in the proposed building, and Mr. Pickens said about 75. Council Member Hawkins asked Mr. Pickens if staff stipulations regarding landscape islands aftcr cvery tcnth parking spacc and a 15' widc landscape burrcr along Lake Drive are acceptable, and Mr. Pickens answcred in the affirmative. MOTION: Council Member Hawkins made a motion to approve a variance request for reduction in number of required parking spaces rrom 153 to I 14 in the area of Lake Drive for Concord Road Body Shop with the stipulations that landscapc islands be installed after every tenth parking space and a 15' wide landscape buffer be installed along Lake Drive, and the motion was seconded by Council Member Wood. Motion was approved 7 - O. FORMAL BUSINESS: (A) Approval of Appointment of Ward 4 Board Member to the Parks and Recreation Commission MOTION: Council Member Hawkins made a motion to appoint Ms. Paula Weeks as Ward 4 Board Member to the Parks and Recreation Commission, and the motion was seconded by Council Member Wood. Motion was approved 7 - O. (B) Approval of Validation of Application for Annexation of Property - .4 I Acre Tract, Land Lot 477, 17lh District, 2nd Section, on Cooper Lake Roaclnear King Springs Road ~nd set a public hearing for August 5, 2002 - Murriel Whitener ... LEGAL DESCRIPTION All that tract or parcel of land lying and being in Land Lot 477 of the 17th District, 2nd Section of Cobb County, Georgia and being more particularly described as follows: Beginning at an iron pin on the northwest side of Cooper Lake Road 318.7 feet southwesterly as measured along the northwest side of Cooper Lake Road from the corner formed by the intersection of the northwest side of Cooper Lake Road and the center line of King Springs Road; running thence south-westerly along the northwest side of Cooper Lake Road a distance of 100 feet to an iron pin; running thence north 27 degrees 30 minutes west a distance of 200 feet to an iron pin; running thence north-easterly a distance 01'97 feet, more or less, to an iron pin; July 1, 2002 8 running thence south 27 degrees 30 minutes east a distance of 170 feet to an iron pin at the point of the beginning. Said property being .41 acres more or less and being all the propelty of applicant at the above described location. Council Member Wood stated that, in accordance with State law, the subject property was rezoned (item 4A) before initiation of the annexation process. MOTION: Council Member Wood made a motion to approve validation of application for annexation of property for a .41 acre tract at 1125 Cooper Lake Road, Land Lot 477, I ill District, 2nd Section, on Cooper Lake Road near King Springs Road for Murriel Whitener, and set a public hearing for August 5, 2002, and the motion was seconded by Council Member Cramer. Motion was approved 7 - O. ..., COMMERCIAL UUILlJING PERMITS: There were none. CONSENT AGENDA: (A) Approval of June 17,2002 Minutes (B) Bid Award - Concrete Work Placement and Finishing The current contract has expircd and three vendors were sol icited for bids and all responded. Public Works and Purchasing have reviewed the bids and recommend award to low bidder McNabb Concrete. (C) Bid Award - HV AC Contract The current HV AC preventative maintenance contract has expired, and twenty vendors wcrc solicitcd for bids and six respondcd. Public Works and Purchasing have reviewed the bids and rccommend award to low biddcr North Cobb Heating and Cooling at $9,755. (D) Approval of Installation of Speed Humps on Highland Avenue A petition, signcd by at least 70% of thc rcsidcnts of thc subject area, has been submitted requcsting installation of speed humps on Ilighland Avenuc. Thc City Enginccr has reviewed the application and dctermincd that it meets all the criteria of the Speed Hump Policy. (E) Bid Award - Gamctilllc c/o Dominica Rccrcation Products far Playground Equipment far $33,546 far Rosc Gardl:1l and Jonquil Parks Gametime c/o Dominica Recreation Products, Inc. (DRP) is the low bidder for equipment solicited by RFP. DRP is known to provide equipment of good quality. Bids ranged from $33,546 to $59,050. ..., (F) Approval of FY 2003 Onc Perccnt Road Improvement Proposcd Budget at $398, III These funds are from thc rcmaindcr of thc 1995 Cobb County One Perccnt Sales Tax for road improvcmcnts. Thc City Enginccr and Public Works Dircctor havc compiled this list of strects FY 2003 street rcsurfacing or curb & guttering and rccommend its approval. MOTION: Council Member Lnenicka made a motion to approve items (A) through (E) of the consent agenda, and the motion was seconded by Council Member Wood. Motion was approved 7 - O. MOTION: Council Membcr Lncnicka made a motion to withdraw item (F) from the consent agenda, and the motion was seconded by Council Member Newcomb. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Cramer asked those present to SUPPOlt the Veterans Memorial. Council Member Hawkins reported that Judge Curtis has been in hospital recently for bypass surgery and is doing well. Council Member Hawkins stated that during the week of July 22 the State Little League Tournament will be held in the City. ..... Council Member Newcomb expressed appreciation to those citizens who attended the recent ward meeting. Council Member Newcomb stated that Mr. Dan Baker, residing on Highland Drive, is back in the hospital again and wished him a speedy recovery. July 1, 2002 9 Council Member Pritchett provided details regarding the playground equipment to be acquired by the City soon, and stated this is a positive development for the affected parks. Mr. Wright reminded everyone that July 4 will be a City holiday and that there will be a schedule change for garbage collection. Mayor Bacon stated that the City anniversary celebration is scheduled for August 3. CITIZENS INPUT: There were no additional citizen comments. ... ADJOURNMENT: A Q!JA2a~ 1). ~ SU AN D. HiOTt, CITY CLERK / .-/ ... __ '<! h A-- ...~~JL 'tJ RON NEWCOMB, WARD 2 ~ BILL SCOGGINS, WARD ~'Ml ,0 WADE S. LNENlCK , I?~ U/~ CHARLES PETE WOOD, WARD 7 ....