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May 15, 2000 Council Meeting May 15,2000 .. The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by Mr. Patrick Teague, Campbell High School student body president and presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present except Councilman Wood who was absent due to illness. Also present was City Administrator Howard Smith, City Clerk Candis Joiner, City Attorney Scott Cochran, Fire Chief Larry Williams, Finance Director Claudia Edgar, Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Human Resources Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Robin Broyles, Community Relations Director Jennifer Bennett and representatives of the press. Invocation was given by Pastor Halbert Jenkins of Smyrna Church of the Nazarene, followed by the pledge to the flag. CITIZENS INPUT: Mr. Teague asked Councilman Lnenicka to read a proclamation in honor of Emergency Medical Services Week. The proclamation was read. Chief Larry Williams stated that the City of Smyrna residents benefit from both the private and public emergency services. Mr. Jernigan thanked Mayor Bacon for the proclamation and support. Mr. Teague asked Councilman Scoggins to read a proclamation in honor of Public Works Week. The proclamation was read. Councilman Scoggins thanked public works director, Scott Stokes for the department's hard work. .. Chris Corey presented the Smyrna Star Employee of the Month award to Mrs. Belinda K. Morris of the Smyrna Communications Division. Mr. Corey commended Mrs. Morris for her work efforts, dedication and for winning the 911 Operator of the Year award. Mrs. Morris thanked Captain Clack, Ms. Jean Aaron and Chief Hook for their support. Mr. Teague introduced Judge Adele Grubbs, Superior Court Judge candidate, who commended Chief Hooks for his commitment to the community. Mr. Teague introduced Ms. Julie Wilsterman, president of the advisory council for the Heritage at Vinings subdivision. Ms. Wilsterman stated that her subdivision is concerned with the proposed Brawner property purchase price and that the homeowners have been led to believe that the patients will be different from previous patients. Mayor Bacon stated that he has contacted Dr. Dan Stephens, director of the Cobb/Douglas Community Services Board expressing his concerns. Mayor Bacon stated that he has asked Dr. Stephens to contact the City prior to any plans being finalized. Mr. Smith stated that the issues have been addressed and are awaiting answers. Councilman Lnenicka stated that he will keep the community informed as answers are available. Mayor Bacon stated that Councilman Wood has undergone surgery today and that everyone is thinking about him. ... PUBLIC HEARINGS: (A) Rezoning Request-Land Lot 596-13.1 Acres-Collier and Pine Tree Drive from R-20 to RAD Conditional. Mayor Bacon stated that he has received more correspondence on this proposed rezoning than any other rezoning and he appreciates everyone's commitment. Mayor Bacon stated that there has been a threatening letter sent to council members and May 15,2000 2 because of this police officers are present. Mayor Bacon stated that he would like a good, peaceful hearing. Mr. Smith stated that the planning and zoning board approved this zoning request on April 24, 2000. Mayor Bacon stated that this is a public hearing and stated that anyone in opposition or in favor would have the opportunity to speak. City Attorney Scott Cochran administered the oath to the persons who would be speaking on this issue. Councilman Lnenicka introduced Mr. Joe Dewberry, developer of the property, who submitted his revised plans for the property. Mr. Dewberry stated that he has been working with the Collier family and the Smyrna Presbyterian Church for many months. Mr. Dewberry stated that RAD-Conditional zoning has been used for several years in the City of Smyrna. Mr. Dewberry stated that this property is very beautiful and has been enjoyed by the neighborhood residents for many years. Mr. Dewberry stated that original plans called for 47 lots but after he and Mr. Sweet walked the property, they decided that a 42 lot plan with a 3.2 density would better suit the subdivision. Mr. Dewberry stated that after the zoning hearing and meetings with Councilman Lnenicka, the plan was revised to 36 lots with a 2.7 density. Mr. Dewberry stated that the density has been decreased and it will meet the low-density land use requirements. Mr. Dewberry stated that the average lot size increased to 12,200 square feet and the price of the homes will be from $300,000 to $400,000. Mr. Dewberry stated that he has spoke with the animal control officer of Smyrna, the Chattahoochee Nature Preserve, and the State Wildlife Natural Resource department who stated that the red fox family on the property could not be trapped and relocated due to state requirements of rabies testing. Mr. Dewberry stated that he was told that it is illegal to knowingly trap and move a red fox and that all departments stated that the best recourse is to leave the fox family alone and take precautions to not harm the fox. Mr. Dewberry stated that the fox family is very important to him and he is open to any suggestions to insure their safety. Mr. Dewberry stated that his company has historically attempted to listen to everyone's concerns and has attempted to facilitate the pleasing of everyone concerned. Mr. Sweet stated that he has met with the adjoining property homeowners. Mr. Sweet stated that stream will be preserved and that the drainage ditch behind lots 1,2,3 will be alleviated due to the danger and the stream at the rear of lot 4 will be addressed. Mr. Sweet stated that Old Cabin Trace, Inc. should be able to assist in the drainage problems that the Root's are experiencing. Mr. Sweet stated that Mr. Patterson is concerned with a large drainage squall at the rear of his property and Mr. Sweet stated that their engineer is addressing this issue and that they plan to keep most of the large trees in this landscape area. Mr. Sweet stated that there will only be three lots touching Mr. Eubank's 2 lots and that there will be a small berm to divert water from the property into the creek. Mr. Sweet stated that the cul-de-sac will be pulled away from the rear of the Hatcher's property and that the engineer will look at ways to pipe the water away from the Hatcher property. Mr. Sweet stated that the houses that they plan to build are very nice expensive homes and that the development will substantially increase property values in the neighborhood. Mr. Sweet stated that there are 17 existing homes that come into contact with the 15.5 lots from this property. Mr. Sweet stated that he has spoke with Mr. Hildebrandt regarding water pressure and Mr. Hildebrandt said that he is not aware of any problems. Mr. Chastain of the Cobb County Water System assured Mr. Sweet that there is sufficient water to handle this proposed subdivision. Mr. Sweet stated that the original stipulations have been updated because they no longer apply to the updated plan. Mayor Bacon asked Mr. Sweet if this development could be developed as R-20 and Mr. Sweet stated that R-20 minimum width of the front yard is 100 feet and that due to the creek and cul-de-sac the width could not be met. Mr. Dewberry stated that in order to meet the R-20 zoning there would only be approximately 18-19 lots on a one sided road and that the stream would cause the road to be against the Pine Tree Road property lines. Mr. Dewberry stated that even with the R-20 zoning, there would still be a great deal of grading for the road. Mr. Dewberry stated that history proves he and Mr. Sweet build high quality homes. Councilman Newcomb stated that this property is a beautiful piece of property and asked how and where they intend to save trees. Mr. - - - May 15, 2000 3 .. Dewberry stated that there is an area at the entrance of the first row lots that includes very large oak trees that will be saved and the creek will have a buffer of large trees. Mr. Dewberry stated that there is a 50 foot buffer area of beautiful oak trees at the rear of the lots around the creek, but there would be a large clearing of trees around the road. Mr. Dewberry stated that he loves trees and the people buying his homes love trees and he will do everything he can to save good, healthy trees. Councilman Newcomb asked Mr. Dewberry about his plans for the landscape area between lots 8 and 9 and Mr. Dewberry stated that there will be a cut off the hill and that there will be some trees left along the property line. Mr. Dewberry stated that there will be a great deal of trees left in the rear yard setback of lots 9-16 and that he does not plan to encroach along this area. Councilman Hawkins asked Mr. Dewberry if R-20 zoning would decrease the number of trees lost and Mr. Dewberry said that there would be a few more trees lost with the RAD-Condtional zoning. Mr. Dewberry stated that with a R-20 zoning a retention wall would be necessary and trees would be lost. Councilman Hawkins asked if trees would be lost due to any type of construction and Mr. Sweet stated that the tree ordinance is based on acre not lot and that the zoning ordinance requires replacement trees per acre. Councilman Hawkins stated that with the RAD- Conditional zoning there would be more trees replaced. Mr. Dewberry stated that the Smyrna Presbyterian Church has the right to develop the property for schools or buildings and that many more trees could be lost if this happens. Councilman Scoggins asked how many homeowners will be directly affected by this zoning and Mr. Sweet stated that 17 homeowners will back up to this property. Councilman Scoggins asked about water problems and Mr. Sweet stated that his property will not affect the water problems in any negative way. Mr. Sweet stated that he feels that they could possibly alleviate the water problem on Deborah Drive. Councilman Scoggins asked if Mr. Sweet and Mr. Dewberry have been open to the existing homeowners and Mr. Sweet stated that he and Mr. Dewberry have done everything possible to answer any questions. Mr. Sweet stated that many of the existing homeowners have used this property for their personal use for many years. Councilman Scoggins stated that this is probably the last piece of property in Old Smyrna that could be developed and asked Mr. Sweet if the homeowners are aware of the density being changed to 2.7. Mr. Sweet was not sure if they were all aware of this change. Mr. Dewberry stated that he has had one large homeowner group meeting in addition to the planning and zoning hearing and that they have met with each homeowner on numerous occasions. Mr. Dewberry stated that changes have been made due to the meetings with the homeowners because they are trying to do something that will be good for the City of Smyrna. Councilwoman Capilouto asked if someone could build with an R-20 zoning on this property and Mr. Dewberry stated that 18-19 homes could be built and that the subdivision would not be aesthetically pleasing. .. .. Mayor Bacon introduced Mr. Tom Ramsey of Smyrna Presbyterian Church who stated that the church supports Old Cabin Trace. Mr. Ramsey stated that the church formed a long term planning committee approximately two years ago and that the committee suggested selling this parcel of property in order to secure funds for growth projects. Mr. Ramsey stated that the church received several speculative offers on the property. Mr. Ramsey stated that Mr. Dewberry approached the church with a very serious offer during the spring of 1999 and that Old Cabin Trace showed a great deal of integrity during the negotiations. Mr. Ramsey stated that the church voted unanimously to support the proposed rezoning and Old Cabin Trace developers. Mr. Ramsey stated that the church was formed in 1917 and has been located at the current property since 1964, and the church is extremely concerned with long range plans for the City of Smyrna and the church would never let anything happen in their backyard that would be a detriment to the City of Smyrna. Mr. Ramsey stated that the zoning petition is a product of many years of foresight and good planning of the City of Smyrna and that it is a testimony to the good work of the Mayor and Council that the City of Smyrna is a highly sought after residential address. Mr. Ramsey stated that Old Cabin Trace is proposing changes to a neighborhood that has changed little over the years and that a neighborhood is made by people not lot size. Mayor Bacon asked what the church plans to do if this rezoning request is denied and Mr. Ramsey stated that he is not sure at this time. Councilman Cramer asked Mr. Ramsey what the church plans to do with May 15, 2000 4 the profits of the land sale and Mr. Ramsey stated that there are renovations on the church that could be performed and it would enable the church to complete the church school through high school. Mayor Bacon introduced Mr. Elliot Collier who spoke on behalf of the Collier family. Mr. Collier stated that his family believes that Mr. Dewberry will build homes that will enhance the community. Mayor Bacon introduced Mr. Byron Alterman of 1496 Forest Drive who stated that members of the neighborhood have retained attorney Mr. Martin Shelton to oppose this rezoning. Mr. Alterman stated that the constitutional issue of there being any economic use if this rezoning is not obtained and if there is an an economic use for this property is feasible without the rezoning. Mr. Alterman stated that the zoning issues are based on the health and welfare of the city residents and Mr. Alterman stated that R-20 zoning is the best option for this property according to a consultant hired by the neighborhood and presented a memorandum from the consultant to the City Clerk. Mr. Alterman stated that the homeowners would like to see an "as-built" plan instead of the pre-construction lot plan in addition to other types of plans. Mr. Alterman stated that he felt the present tree replacement plan is not sufficient. Mr. Alterman stated that he is unhappy with the RAD conditional zoning because the higher density affects perception of the neighborhood and the traffic congestion. Councilman Newcomb stated that according to Mr. Alterman's report there is only an increase of 10 homes with a RAD conditional zoning as opposed to R-20 zoning and that the proposed rezoning will decrease the land use from medium density to low density. WIll Mayor Bacon introduced Mr. Pat Terry of 3305 Dunn Street who read and presented a petition opposing the rezoning to the City Clerk. Mr. Terry stated that the quality of life in this neighborhood is at stake and he is extremely concerned about this rezoning because he grew up in this neighborhood and these are good people who have invested their money and lives into this community. Mr. Terry stated that he believes that the property values of these homes will decrease due to the proposed rezoning. Mr. Terry stated that he is a county resident and would like to be annexed into the City of Smyrna. Mayor Bacon asked Mr. Terry if there is a plan to develop an area as a whole and Mr. Terry stated that developers have approached some of the homeowners. ~ Mayor Bacon introduced Mr. Steve Daniel who stated that the future land use plan was based on this parcel of land being developed as a whole. Mr. Daniel stated that the homeowners feel that they are not being heard and that the homeowner group has many unanswered questions regarding this zoning. Mayor Bacon introduced Dr. Ann Brown of Pine Tree Drive who stated that she loves this community and that the hardwood trees on this property are a valuable asset. Dr. Brown asked if another developer could give an opinion regarding development of this property. Mayor Bacon introduced Ms. Jean Martin of 3435 Lee Street who stated that this density will affect her neighborhood adversely. Ms. Martin stated that she is concerned about the wildlife, traffic, water and sewer lines. Mayor Bacon introduced Mr. John Vincent of 3313 Dunn Street who asked what is council's disposition to growth? Mr. Vincent stated that economics seem to be the big issue and Mayor Bacon stated that economics is not the issue because this development will not financially affect the City of Smyrna. Mayor Bacon stated that growth will be appropriately based on the location of the property and that Smyrna is a very popular place to live. Mayor Bacon stated that he would rather have a higher density with stipulations than a lower density with no stipulations and Mr. Vincent stated that he agreed. Councilman Newcomb stated that if the Council denies the zoning request, a developer could build a subdivision with only 10 less homes with no control by the City. Councilman Hawkins stated that Mr. Dewberry stated that he could build 18 homes in the subdivision so the difference between R-20 and RAD-Conditional would ~ May 15, 2000 5 be more than 10 homes. Mr. Vincent asked if the homeowners could get background information on who could build homes for R-20 and Mayor Bacon stated that he did not want to get into a contest and that Mr. Dewberry has a legal contract with Smyrna Presbyterian Church to purchase this property. - Mayor Bacon introduced Ms. Paula Weeks of 3099 Lee Street who stated that she is opposed to the rezoning because the zoning could set a dangerous precedent for the future. Ms. Weeks stated that this Mayor and Council may not be able to protect this area in the future. Mayor Bacon stated that this Council unanimously approved a zoning for Atlanta Road at 4.28 units per acre and that previous density did not set a precedent. Councilman Hawkins stated that each zoning request stands alone. Councilman Hawkins stated that the Collier Road zoning was very different from this zoning. Ms. Weeks thanked Mr. Dewberry and Mr. Sweet for listening to the homeowners. Mayor Bacon introduced Mr. Jason Scheidt of 3245 Dunn Street who presented the City Clerk with a letter and stated that homes in this area are selling at twice the purchase price. Mr. Scheidt stated that he would like to meet with the developers to look at the way the homes are designed so the proposed neighborhood could be integrated with the present neighborhood. Mayor Bacon asked for a show of hands from those present as to whom would like the decision to be tabled in order to allow the homeowner group to view the revised plans from Mr. Dewberry and those who wanted the issue voted on tonight and the crowd was equally split. Mr. Scheidt asked the Council to keep this neighborhood unscathed. Mayor Bacon stated that no one on the Council wants Smyrna to be like Gwinnett County or Barrett Parkway and he was very happy that Mr. Dewberry was involved in this project. Mayor Bacon stated that Mr. Dewberry will do everything he says he will do and has never heard of a complaint on the work by Mr. Dewberry. Councilman Cramer stated that there is no comparison between Barrett Parkway and the Atlanta Road area. Councilman Cramer stated that there has been a commitment from the Council to preserve Atlanta Road. ..... Mayor Bacon introduced Mr. Joseph Marcoux of 3324 Dunn Street who stated that he is concerned with the environment and that the number of cars from this proposed neighborhood will negatively impact this neighborhood. Mayor Bacon introduced Ms. Pamela Terry of 3305 Dunn Street who stated that she is opposed to the proposed rezoning and asked the Council to look at the best interest of the community. Councilman Hawkins respectfully asked for only one more speaker on this topic. Mayor Bacon introduced Ms. Mary Rose Barnes of Oakdale who stated that the rezoning will be a detriment to the local ecosystem and that she would like the rezoning request to be denied. - Councilman Lnenicka stated that the previous meeting accomplished many objectives. Councilman Lnenicka stated that he believes this Council has focused on protecting older neighborhoods and increasing property values. Councilman Lnenicka stated that Atlanta Road is a residential corridor and that this Council has protected this. Councilman Lnenicka stated that the increased property values have been due to the strong leadership of the Mayor and Council. Councilman Lnenicka stated that there are very difficult issues and decisions at hand. Councilman Lnenicka asked Mr. Sweet if this request could be tabled until June 5 and Mr. Sweet stated that he and Mr. Dewberry have met with many people and have answered many of the questions. Mr. Sweet stated that he is aware of the tree ordinance and the hydrology studies and that he will abide by these. Mr. Sweet stated that many of the issues discussed earlier would not be discussed at this time so a table of the request would not answer the questions. Mr. Dewberry stated that the plan submitted earlier is the same as the plan that the homeowners have received except there are fewer and larger lots and the density is smaller. Mr. Dewberry stated that they would like a decision this evening. Councilman Lnenicka stated that Ms. Root has asked for nine additional stipulations May 15, 2000 6 and asked Mr. Dewberry if any were agreeable. Mr. Dewberry stated that he will do everything he can to protect the foxes and raccoons but he can not trap them legally. Mr. Dewberry stated that moving the construction hours to 7:45 a.m. would cause a hardship on the subcontractors and that the City has set hours of construction. Mr. Sweet stated that the stipulation asked for outside wood finishing on 4 sides and that wood is not acceptable under current requirements. Mr. Sweet stated that he has already agreed to an 8-10 foot buffer and that he suggests Cypress trees. Mr. Sweet stated that their engineer will be present during construction and after to address any and all problems. Mr. Sweet stated that all lighting will be downward lighting and that lots 1-3 will have a minimum of 35' rear yard setback. Councilman Lnenicka asked Mr. Cochran if the requirements have been met to allow the Council to vote on the request and Mr. Cochran stated yes. Mr. Red Martin asked where the construction and utility equipment would be parked. Mr. Sweet stated one of the first things they will have to do is raise power lines and at that point there will be some inconvenience getting the equipment in there, with the street and the new intersection but at the point that is put in, they will put in a gravel pad - construction pad - and he would extend the pad to allow more room for the parking of construction/utility equipment. He stated this will keep the construction/utility vehicles out of the intersection. Mr. Sweet further stated that the utility vehicles do not belong to him - phone, power, gas and electrical companies own those vehicles - and he does not have direct control over them other than being able to ask them to move if he sees them there. Mr. Sweet stated it has always been his practice to ask utility trucks to move if he sees they are presenting an inconvenience to the area. Councilman Lnenicka asked Mr. Sweet if he would agree to condition #9 on the list submitted by Ms. Root requesting that lots 1-3 will have a minimum of 35' rear yard setback instead of the proposed 25' setback. Mr. Sweet and Mr. Dewberry responded they would agree to that request. Mr. Sweet stated he wanted to point out that when you go to that distance the buildable area in the middle of the lot is restricted and therefore the possibility of building a larger home is eliminated. Mr. Sweet stated they do have some ranch-style plans that require a deeper front building line to rear building line and they will not be able to do those. He continued that from a price standpoint and by creating a rear yard setback change, the price of the homes that could be located there have been lowered. Ms. Root stated they were not concerned about the price of the homes, they are just concerned about the quality of the homes and the size of the lots. Mr. Sweet stated that they have already agreed to be willing to do a four-sided brick house on the first lot. Councilman Lnenicka stated that he thought most of the stipulations suggested by Mr. and Mrs. Root have been addressed. Mr. Dewberry stated they would like to be able to have some variety to the way the houses look. He further stated they go to a lot of trouble to design and will be designing a totally new group of homes. He continued he would like to be able to employ their design team to come up with a look that will really be dynamite coming in and does not want to do an all repetitious development. Mr. Dewberry stated they were agreeable to not having stucco on the first three homes because there aren't a lot of stucco homes in the community and it would be more in keeping with blending in. Councilman Lnenicka stated he had been informed that there is an existing sewer line running through the property that may need to be replaced. He continued he had talked with Joe Dewberry today about that and Mr. Dewberry had indicated he had no indications from the County that it needed to be replaced. Mr. Dewberry stated he had never been told by J. J. Chastain, head of the Cobb County Sewer System, that it would need replacing. Mr. Dewberry stated he had spoken with City Engineer Ken Hildebrandt today about that and Mr. Hildebrandt's concern is that the line is very old and that same line is really close to a lot of the major trees that are in the save area along the creek. Mr. Dewberry stated if they go in and try to replace that line, because it is terra cotta, with a new line they would defeat the very thing they are trying to do in saving the trees. Mr. Dewberry stated he and Mr. Hildebrandt discussed relocating part of that sewer over to their street, taking that down the street, intercepting the line as it crosses the sewer line near the creek and then staying out of that area that will progress in that angle along the east property line and not messing with any of that area at all. He continued that this is a compromise that he and Mr. Hildebrandt came up with as a way to improve the sewer and at the same time very much minimize what they would do in the disrupting of those trees. Councilman - - ..." May 15, 2000 7 Lnenicka asked Mr. Dewberry if there was some stipulation that he would propose to address that issue and Mr. Dewberry stated the sewer line will be relocated at the developer's expense and subject to the approval by the City Engineer (see stipulation 25) in accordance with what he discussed with the City Engineer" today. ..., Councilman Lnenicka asked Mr. Dewberry and Mr. Sweet if this development is approved would they agree to continue meeting individually with neighbors as appropriate or as requested to resolve any issues that might arise that are not foreseen. Mr. Dewberry stated they have always done that. Councilman Lnenicka thanked everyone for attending the meeting tonight. Councilman Lnenicka stated the city is challenged with looking at the nine zoning review standards and make a determination as to what course of action the city will take. Mr. Lnenicka stated he sees an advantage if this is approved in that the Medium Density Land Use classification would no longer be appropriate. Mr. Lnenicka stated he had talked with Scott Cochran prior to the meeting this evening and Mr. Cochran's advice was if this is approved, he would request that the city advertise and have public hearings to change the land use classification on this property from Medium Density to Low Density to remove any chance of that happening in the future with a different developer, different circumstances or theoretically the church could decide to sell the property and somebody else could do something different. Councilman Lnenicka made a motion to approve the proposed rezoning of the property in Land Lot 596, Collier Drive - 2.7 units per acre - subject to the stipulations 1 through 22 as submitted by the developer today and also subject to stipulations 8 and 9 (see stipulations 23 and 24) as submitted by the Root family and submitted today and subject to the additional stipulation that the sewer line which crosses the property will be relocated at the developer's expense subject to approval of the relocation and the plans by the City Engineer. Old Cabin Trace Inc. - Collier Road Development Stipulations ... 1. There shall be protective covenants on all lots and there shall be a mandatory homeowners association for the development. 2. Adequate storm water detention shall be provided, such that the developer creates at least a 10% reduction in a 100-year storm event. The City of Smyrna Engineer must approve all plans. 3. All retention ponds shall be placed and screened appropriately to be unobtrusive to homes within the development. Retention will be built to hold at least 110% of normal code required capacity subject to approval to the City Engineer. 4. All utilities within the development will be underground. 5. Old Cabin Trace Development will comply with the City of Smyrna current tree ordinance and preserve as many of the existing old growth trees as possible. 6. The protective covenants will require all non-residential property owners to keep the Homeowners Association advised of the current address and phone numbers where they may be reached. 7. There shall be landscaped front entrance, with monument, indicating the name of the development. Deceleration lanes or other intersection improvements at Collier Drive shall be provided by the developer at developer's expense at the entrance if required by the City Engineer. 8. All homes will have a two (2) car garage, with individual decorative doors. Minimum 2400 square feet for 1 1/2 story or two story. Minimum 2200 square foot for single level homes. 9. No debris shall be buried on any lot or common area. 10. Subject to the approval of the City of Smyrna, developer will install decorative streetlights with fiberglass pole with extension arm and shoebox type streetlight fixture (same as used at Old Cabin Trace) and designed to cast its light downward. 11. The protective covenants will require that all yards be sodded and landscaped. All air-conditioning units will be screened with landscaping. Disturbed areas will be grassed, sodded, or replaced. Common areas will be grassed, sodded, or landscaped, and irrigated as appropriate. All landscape plans must be prepared, stamped and signed by a Georgia Registered Landscape Architect or a de greed horticulturist, for common areas and entrances. ..... May 15, 2000 8 12. All homes will have a minimum of three (3) side brick, stucco, stone, cedar shingles, or a combination of these. Siding accents on the front and sides of some of the houses will be allowed. All roof vents will coordinate with the color of the roof or be painted a dark color, wherever possible. (Note: Cedar shingles will have solid color or semi-transparent stain applied). 13. All landscape plans must be prepared by, stamped and signed by a Georgia Registered Landscape Architect or a de greed horticulturist for common areas and entrances. 14. Minimum building setbacks will be as follows: Front yard setback - 15 feet Side yard setback - 5 feet, with at least 15 feet between homes Rear yard setback - 25 feet 15. Hardwood tree replacement will be a minimum of four (4) trees per lot, three inches in diameter (3"caliper). See City of Smyrna Preferred Tree List for the trees that may be used. Substitutions may be possible if arborist approves. 16. All streets will be public with a width of 26 feet back of curb to back of curb, with a sidewalk on at least one side. A strip of concrete or brick pavers at least 20 feet wide will be constructed across the entrance drive. 17. Developer shall provide a gazebo or other like structure in the development for the pleasure of the homeowners. 18. Developer will use small berm (approx. 18" - 24") on rear of lots adjoining Mr. Eubanks in an effort to divert water toward the creek and away from Mr. Eubanks' rear yard. 19. In an effort to help with an existing drainage problem, developer will work with the City Engineer and their own Engineer to explore the use of a piping system along the rear of lots that adjoin the Boring's and McCann's property line. It shall be the responsibility of the property owners to obtain any new easement necessary to install pipe, discharge water and to possibly detain water. If piping system is used, developer will pay for pipe and installation; regardless of whether a piping system is used, after development is complete, developer will not increase the water run off that is presently existing on these two lots (McCann and Boring). 20. Developer will pay attention to drainage ditch at rear of entrance lots which adjoin the side yard of the Root's residence. Developer's Engineer will analyze existing conditions including all sources of storm water entering into this area. Priority will be given to making the existing ditch safe. Also, preservation of the large trees will be of priority importance along rear property line of lots 1-4. 21. Developer will plant Leyland Cypress 6 feet to 8 feet tall - 6 feet on center along the rear of entrance lots which adjoin the side yard of the Root's residence in an effort to improve privacy between the rear of our new homes and their side yard. Installation of these trees to be done prior to final plat approval. Other trees may be planted with the mutual agreement of the developer and the Root family. 22. Developer agrees that the exterior finish of lots 1-3 will not be stucco in order to blend in with the existing neighborhood's architectural style. 23. Exterior lighting fixtures on the rear elevations of all the new homes will also be of the type that casts light in a downward direction only. 24. Lots #1 - 3 will have a minimum of 35-foot rear yard setbacks instead of the proposed 25-foot setback. 25. The existing sewer line which crosses the property will be relocated, if necessary, at developer's expense subject to approval by City Engineer. .... .... Councilman Cramer seconded the motion. Councilman Newcomb stated that the property is beautiful and that the trees are beautiful. Councilman Newcomb stated that one of the reasons that Mr. Dewberry was allowed to develop the Aunt Fanny's property was because of his commitment to save trees on the property. Councilman Newcomb stated that Mayor and Council has committed to downsizing density and that this zoning is on the low end of previous zonings. Councilman Newcomb stated that he will support the rezoning request. ...., Councilman Hawkins stated that he opposes the motion because this zoning is not compatible with the existing neighborhood. Councilman Hawkins stated that this is not May 15, 2000 9 an issue of money or being popular with the voters and Councilman Hawkins stated that this neighborhood is part of "Old Smyrna." Councilwoman Capilouto stated that she has spoke with residents of other subdivisions that Mr. Dewberry and Mr. Sweet have built and that they speak highly of them. Councilman Scoggins stated that he is concerned about the people who have signed the petition and that he must oppose the motion. - Vote to approve the rezoning request was 3-3 with Councilwoman Capilouto, Councilman Hawkins and Councilman Scoggins opposed. Motion was approved 4-3 with Mayor Bacon voting in favor of the request. (B) Annexation Request-Land Lot 596-2.1 Acres-Collier and Pine Tree Drive- 17th District, 2nd Section, Cobb County, Georgia. Mr. Smith stated that Ms. Marion Beth Collier petitioned the City for annexation of 2.1 acres on Collier Road and Pine Tree Drive. Mayor Bacon stated that this is a public hearing and asked if there is any opposition. There was none. Councilman Lnenicka made a motion to approve the annexation request for 2.1 acres on land lot 596 at Collier Road and Pine Tree Drive to be made a part of Ward 6 effective June 1, 2000. Councilman Cramer seconded the motion. Motion was approved 6-0. FORMAL BUSINESS: (A) Appointments to Smyrna Hospital Authority-Wards 2,6. .... Councilman Newcomb made a motion to table the appointment of the Ward 2 representative to the Smyrna Hospital Authority and Councilman Cramer seconded the motion. Motion was approved 6-0. Councilman Lnenicka made a motion to appoint Mrs. Karen Avison to serve the 4 year term as the Ward 6 representative to the Smyrna Hospital Authority and Councilman Cramer seconded the motion. Motion was approved 6-0. (B) Appointment to Recreation Comprehensive Plan Development Committee. Councilman Lnenicka made a motion to recommend Mr. Steve Ciaccio to the Recreation Comprehensive Plan Development Committee. Councilman Cramer seconded the motion. Motion was approved 6-0. (C) Appointment to Planning and Zoning Board-Chairman. Mayor Bacon stated that he would like to appoint Mr. Tom Harper as the Chairman of the Planning and Zoning Board and Councilman Hawkins made a motion to appoint Mr. Tom Harper as the Chairman of the Planning and Zoning Board. Councilman Cramer seconded the motion. Motion was approved 6-0. COMMERCIAL BUILDING PERMITS: .... There were none. BID AWARDS: There were none. CONSENT AGENDA: May 15, 2000 10 (A) Approval of May 1, 2000 Minutes. (B) Approval to Change Name of Windsor Lake Apartments to Lincoln Trace Apartments. (C) Approval to Install Speed Breakers on Cherokee Trail. (D) Approval to Request Proposals for Painting Services at the Smyrna Community Center. (E) Authorization to Request Bids for Cabinet Work for Fire Station #2. Councilman Lnenicka made a motion to approve the consent agenda and Councilman Cramer seconded the motion. Motion was approved 6-0. COMMITTEE REPORTS: ...., Councilman Lnenicka stated that he appreciates the planning and zoning board and the City Council and understands the struggles that everyone had with the rezoning request tonight. Councilman Lnenicka thanked Mr. Teague for his attendance. Councilman Lnenicka expressed his sympathy over the loss of Smyrna Resident, Mr. Herman Gist who was a World War II paratrooper. Councilman Newcomb introduced Mr. Robin Broyles who discussed the building permit numbers for April, 2000. Councilman Cramer stated that the Veterans Memorial Association is accepting applications for bricks for the Veterans Memorial. Councilman Scoggins introduced Mr. Scott Stokes who reminded everyone that waste will need to be bagged in paper bags. Mr. Stokes also stated that the public works department will pick up small trash with regular garbage routes and that large trash such as furniture will be picked up on an as call basis. ..., Councilman Hawkins asked everyone to keep Councilman Wood in their prayers. Mr. Smith introduced Ms. Jennifer Bennett who invited everyone to attend the concert of the Campbell High School Orchestra and the Roaches on May 19th. Councilman Hawkins stated that the Campbell High School spring football practice had over 100 young men attend. Mayor Bacon stated that many of the football players helped senior citizens with their yards this past Saturday. Councilman Hawkins reminded everyone that there will be an Old Timers Campbell/Wills Football game at 4:30 on Saturday, May 20th. Mayor Bacon stated that this zoning issue was a very difficult decision for everyone and believes that this is the best solution. Mayor Bacon wished Councilman Wood well. SHOW CAUSE HEARING (A) Leroy's Liquors-2230 South Cobb Drive-Leroy Burns. ..., Councilman Lnenicka made a motion to table the show cause hearing for Leroy's Liquors until the June 5th council meeting. Councilman Cramer seconded the motion to table. Motion was approved 6-0. ADJOURNMENT With no further business, the meeting adjourned at 11 :45 p.m. May 15, 2000 A.MAXBACON,MAYOR .... C-\-'I<;1;v)~ ~~ 0 ~ CHARLENE CAPILO TO, WARD 1 ,r ~di~Jrrr ... CHARLES PETE WOOD, WARD 7 ..... 11 l c ~.,J~ RON NEWCOMB, WARD 2