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January 5, 1998 Council Meeting January 5, 1998 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 was City Administrator Howard Smith, City Clerk Melinda Dameron, City Attorney Charles E. Camp and representatives of the press. Invocation was given by Councilman Hawkins, followed by the pledge to the flag. CITIZENS INPUT: ... Mayor Bacon recognized State Representative Randy Sauder. Representative Sauder stated the legislative session begins next week and reminded the citizens the Cobb Delegation members are there to serve them. He encouraged the citizens to call them if an issue comes up that they are concerned about. He stated each Tuesday morning the Cobb Delegation meets in a Special Delegation meeting at 8:00 a.m. in the Legislative Office Building. He stated these meetings are open and encouraged any interested parties to sit in on those delegation meetings. Mayor Bacon recognized Captain Farmer, Smyrna Police Department. Captain Farmer discussed the Christmas program that the Police Department participates in each year. He further stated through their efforts they were able to provide Christmas for 51 families and 46 children. Captain Farmer also thanked the city for allowing the statue in front of the police station to bear his name. PUBLIC HEARINGS: (A) Alcoholic Beverage License Request - New Agent - Retail Pouring of Beer and Wine - Amnart Cafe (Formerly Al Fair's Restaurant) - 350 Pat Mell Road Mr. Smith stated this is a new application for retail pouring of beer and wine at Amnart Cafe. Mr. Smith further stated Mr. Billy Wayne Hearn will be the agent for this establishment and has been given the alcoholic beverage license ordinance and it has been explained to him by the city staff. Mr. Smith stated Mr. Hearn is a resident of Cobb County and is of the age to hold the license. .. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this license request. There was no opposition. Councilman Cramer asked Mr. Hearn to explain what type restaurant he is managing and why this request is necessary. Mr. Hearn stated they have a family-style restaurant serving breakfast, lunch and dinner. He further stated they are located in the old Al Fair's Restaurant location on Pat Mell Road. Mr. Cramer stated this item was tabled at the last council meeting due to Mr. Hearn's concerns about his staff not having had proper training. Mr. Cramer stated Mr. Hearn now has the proper staff and training will be done. Councilman Cramer cautioned Mr. Hearn the city does conduct stings and that if violations are found at his location, he will be responsible for those actions. Councilman Cramer made a motion the alcoholic beverage license request for Amnart Cafe, 350 Pat Mell Road, for retail pouring of beer and wine be approved with Mr. Billy Wayne Hearn as the agent. Councilman Hawkins seconded the motion. Motion was approved 7-0. r (B) Rezoning Request - Concord Road (52.6 Acres) - Land Lots 169, 170, 191, 192,241 and 242- From R-20, Single Family Residential, to RAD Conditional, Single Family Residential .... Mr. Smith stated this 52.6 acres which is being purchased from Jane Lyle Wootton assuming the rezoning request is approved which shows a development plan of 147 lots with a density of 2.8 lots per acre. He further stated the plan indicates an amenity package with a pool and tennis club. He stated this property is located just west of the Concord Walk Subdivision. Mayor Bacon asked the applicant, Mr. Bill Huff, to come forward. Mayor Bacon then stated this is a public hearing and asked if anyone was present in opposition to the granting of this rezoning request. He then asked those persons to come forward and City Attorney Chuck Camp administered the oath to those persons wishing to speak. Councilman Wood stated Mr. Bill G. Huff, Jr., is present representing Hufbilt Properties, Inc. Mr. Wood asked Mr. Huff to discuss his plans for the property. Mr. Huff stated his site plan was prepared by Franzman-Davis Associates and shows 147 lots on 52.6 acres. He stated this is a density of 2.795 units to the acre. He stated he is requesting this property come into the city under the RAD-Conditional zoning to develop the subdivision. Mr. Huff stated this will be a high-quality subdivision and does abut to the west the East-West Connector that is presently under construction and will be a high-quality residential buffer to the City of Smyrna to the facility that is being constructed. Mr. Huff indicated that along Concord Road January 5, 1998, meeting - continued there is an amenity package including two tennis courts, swimming pool with bath facilities. He stated at the Planning and Zoning hearing there were several items the Planning and Zoning Board wanted him to consider which he has agreed to. He stated the minimum square footage was to be a minimum of 1800 square footage in size, the same as in Concord Walk, but the Board asked him to consider having 2,000 square foot homes as the minimum along Concord Road which he has agreed to. He stated the P&Z Board also asked him to assure them he would have a masonry entry monument which he will have and stated that will be heavily landscaped. He stated in addition to that, he has agreed to place additional plantings along the entire frontage which is not shown on the site plan. He further stated those plantings will be minimum five to six foot initially hollies or Leyland cypress that will be placed all along the roadway in twelve to fifteen foot separations. Mr. Huff stated the projected price range of the homes is in the same range as Concord Walk adjacent to this property but stated he has asked to be given some ability to have homes in the $130,000's in the subdivision due to the close proximity to the East-West Connector. Mr. Huff indicated on the site plan the portion of the property to the west that abuts Nickajack Creek and where the East-West Connector passes by, the lots are very large but there is a big elevation change that occurs. He stated there is a big drop in elevation and there is a tremendous flood plain along Nickajack Creek and there is a large depth to that flood plain. He stated on the flood plain maps, the area indicates a 75-foot depth of the water that comes down Nickajack Creek. Mr. Huff indicated the homes will be built outside the flood plain with none of the homes constructed within the flood plain. He stated those lots are very large but the uncertainty of the roadway and the noise factors coming up through that valley is the reason he is asking the city to allow him to have the possibility of some $130,000 houses there. He indicated the square footage will remain the same. .... Councilman Wood asked Mr. Huff if he plans to build homes similar to Concord Walk and he responded yes. Mr. Huff also stated there will be a mandatory homeowners association. Mr. Wood asked if there \\-ould be separate entrances and monument style homes for the subdivision. Mr. Huff responded that was correct. Councilman Scoggins asked about the radius of the cul-de-sacs in the development. Mr. Huff responded the radius is 50 foot which complies with the city's requirements. Mr. Huff stated the cuI de sacs are actually 100-foot widths on the ball of them and all the rights of way are 50 feet. Mr. Huff stated the streets will be dedicated to the city. ..... Councilman Lnenicka asked Mr. Huff about the separate between the houses that are planned for these lots. Mr. Huffresponded he has met with the Fire Marshall and has agreed to a IS-foot minimum separation. Mayor Bacon recognized Johnny Plunkett, 91 Concord Road, Cobb County. Mr. Plunkett asked about the installation of sidewalks along Concord Road along this proposed development. Mr. Plunkett stated he is opposed to the rezoning of this property basically due to the lack of trees and the proposed density of the development. Mayor Bacon responded to Mr. Plunkett concerning the sidewalk issue. Mayor Bacon stated he could not understand why this developer should be asked to install sidewalks when there are no existing sidewalks on Concord Road at this time. Councilman Wood stated some of the property along Concord Road is in the city while some of it is in the county. He further stated the city and county has discussed installing sidewalks along Concord Road but when that is done, it will be a joint city/county effort. Mr. Huff stated his development will be a quality development that he and the City of Smyrna will be proud of and further stated the reason for cui de sacs in the development is to encourage subdivision pedestrian traffic. Councilman Newcomb asked Mr. Huff about his plans for tree preservation. Mr. Huff stated there are several beautiful trees on the property. He further indicated on the site plan there is a "Y -shaped" creek that passes through the property with beautiful Beech trees in the creek area. He stated they have intentionally kept the creek area which they have maintained a 25-foot stream buffer on either side of that creek down through the entire development. He stated within that area there are four detention ponds but they plan to save all those trees. Mr. Huff stated they plan to save the trees along the roadway but admitted '-Ii when a property is developed, the property is scarred for a temporary time frame and they will be taking down trees to build the houses. Mr. Huff stated there will be sedimentation erosion control on the property and will keep the area attractive. Mr. Huff stated there is a Colonial Pipeline easement that passes through the property and that is already clear cut. Councilman Newcomb asked Mr. Huff about the plans for water retention on the property and if he planned to retain 100% of the water for a period of time or more than 100% of the water. Mr. Huff responded the regulation requires that they not allow no greater flow from the property as it exists right now and that flow will not be increased in the course of the development. January 5,1998, meeting - continued Councilman Wood stated this rezoning request was approved by the Planning and Zoning Board on December 8, 1997, by a unanimous vote. Councilman Wood then made a motion the rezoning request by Hufbilt Properties, Inc., to rezone approximately 52.6 acres located in Land Lots 169, 170, 191, 192,241 and 242 on Concord Road, west of Concord Walk subdivision, be rezoned from R-20 Single Family Residential to RAD Conditional, Single Family Residential with the following stipulations: 1. 2. 3. - 4. 5. 6. Total number of lots - 147; density 2.8 lots per acre. All homes that abut Concord Road will have a minimum of 2,000 square feet of interior heated floor space. All other lots will have a minimum of 1,800 square feet of interior heated space. The development will include an amenity package containing a swimming pool, two tennis courts and a bathhouse. Minimum setbacks will be: Front - 20 feet; Side - 5 feet with a minimum of 15 feet between buildings; Rear - 30 feet. Lot development standards will be in accordance with preliminary plan prepared by Franzman-Davis Associates, submitted with this application for rezoning. The development will have landscaping placed on the rear of all lots that abut Concord Road that will consist of large five to six foot high hollies or Leyland cypress. These plants will be spaced twelve to fifteen feet on center. 7. The development will have masonry entrance monuments and subdivision signage that will be landscaped. *'k 8. The price range of these houses will be from the $130,000's to the $200,000's. No more than 5% of the houses will be in the $130,000's. *?" 9. There will be a mandatory homeowners association. Councilman Cramer seconded the motion to approve the rezoning. Councilman Newcomb stated he would like to mention that the density for this development is 2.8 units per acre and is within the land use designation for this property. Motion was approved 7-0. (C) Annexation of Property - Concord Road (52.6 Acres) - Land Lots 169, 170, 191, 192241 and 242 -- Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the annexation of this property. Mayor Bacon recognized Mr. Plunkett who stated he is opposed to the annexation. Councilman Wood made a motion that the property located in Land Lots 169, 170, 191, 192, 241 and 242 on Concord Road currently owned by Jane Lyle Wootton - 52.6 acres (rezoned above) be annexed into the City of Smyrna to become a part of Ward 7 with an effective date of February 1, 1998. Councilman Cramer seconded the motion. Motion was approved 7-0. (D) Rezoning Request 4100 King Springs Road (6.32 Acres) From 0 & I, Office Institutional to RAD Conditional, Single Family Residential Mr. Smith stated Knight Davidson Companies is requesting the rezoning to place 25 lots with a density of 3.95 units per acre on this site. He further stated this property is located across the street from a recent Knight Davidson development that is almost completed. He stated the price range of the homes will be between $140,000 and $180,000. Mr. Smith stated there is a letter in the rezoning request package from Smyrna Hospital stating that if the property is not closed by March 31, 1998, the property zoning, if approved, will revert to its present zoning. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the rezoning request. Those persons came forward and were sworn in by City Attorney Chuck Camp. Councilman Wood stated this property is actually Phase 2 of the Paces Spring development that Knight Davidson is building. Councilman Wood asked Mr. David Knight to briefly explain what he plans to do on this property. Mr. Knight stated he plans to build the same style homes in Phase 2 as were built in ... Phase 1 of Paces Spring development. He stated the homes in Phase 1 had an average price of $150,000 or a little higher with an average square footage of 1,400 minimum. He stated there are a couple of ranch style plans that are in the development. He stated they plan to build 25 homes on this property. He stated the only difference is they are asking the council to consider allowing them to put the houses closer together than the 15 foot minimum in Paces Spring Phase 1 and they would like to move some of the homes to 10 feet and they plan to sprinkle those homes. Mr. Knight stated the Seventh Day Adventist Housing Authority has had this property for some time and their plans were to do more of a commercial type development and he had contacted them about the property. He stated this property is surrounded by Griffin Middle School to the back and a piece ofRM-12 property also to the back and adjacent to Wade Ford and across the street from Delmar Gardens. Mr. Knight stated the development will have a **Stipulation 8 was rescinded at the April 6, 1998, meeting. January 5,1998, meeting - continued mandatory homeowners association and they are considering the same type association as is in place for the homes in the Village on the Green development. He stated in addition to the mandatory homeowners association for that development is also the full lawn maintenance program and they are considering adding that to the required homeowners association for this development as well. Mr. Knight stated in reference to the trees on the property, there will be a ring around the property and the interior property will be raised. He further stated the homes will be built on slabs. Councilman Lnenicka asked Mr. Knight if he would consider combining the eXIstmg homeowners association for Phase 1 and 2. Mr. Knight responded they will use the same covenants but because the entrances are separate he was not sure if that could be done but he is not sure he is still in control of the association but if he is they could possibly amend the by laws to consider this request. - Councilman Newcomb asked how many homes with the minimum square footage of 1,400 will be built as compared to homes in the 2,000 square foot range. Mr. Knight responded four or five homes would be at the 1,400 range. Mr. Knight stated the average square footage in Phase 1 is 1,800 square feet. Mr. Newcomb then asked about the minimum square footage of the lots in the development and Mr. Knight responded the smallest lot would be approximately 5,500 square feet assuming the lot is 55' x 100 feet. Mr. Newcomb asked how many homes did Mr. Knight plan to build ten feet apart and Mr. Knight responded he could build them all that close depending on what plan a buyer selects and the lot selected. Mayor Bacon recognized Brad Bransford, 1095 Reed Road. Mr. Bransford stated his major objection to the development is the fact that all property on King Springs Road is being developed with smaller lots than the existing homes and the possible increased traffic and the unknown impact on his neighborhood. Mr. Bransford stated he felt the homes being so close to each other devalues the neighborhood. Councilman Wood stated this proposal came before the Planning and Zoning Board in December and was ap~roved and recommended to the Council. Councilman Wood stated the development is a 25-10t subdivision on 6.32 acres with the price range in the $140,000 - $180,000. He stated the property will have a RAD-Conditional zoning which is a down zoning from the 0&1. Councilman Wood made a motion the rezoning request for the 6.32 acres at 4100 King Springs Road from 0&1 to RAD Conditional, be approved with the following stipulations: 1. The subdivision will be developed for twenty-five lots. 2. The subdivision will have a homeowners association and the city will encourage that if all possible those two subdivisions have one association. 3. The subdivision will have entrance signs and appropriate buffers. 4. The development will have an accel/decellane on King Springs Road as required by the City Engineer. 5. The price range will be in the $140,000's to $180,000's. 6. The minimum distance between houses will be 10 feet with a two foot setback allowed on either side but with the minimum distance being 10 feet and all homes in this subdivision will be sprinkled as approved by the Smyrna Fire Department. 7. If Knight-Davidson does not close on this property by March 31, 1998, the property will revert back to 0&1 zoning as requested by the present owner. 8. One entrance may be right-in/right-out depending on the decision of the City Engineer on the traffic safety aspects of that considering the accel/decellane. If required by the City Engineer one entry and exit from that subdivision will be right-in/right-out. ...... Councilman Cramer seconded the motion. Motion was approved 6-1 with Councilman Newcomb opposed. (E) Land Use Change - 4100 King Springs Road (6.32 Acres) From Community Activity Center to Medium Density Residential Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to make any comment on the land use change. There was no comment. - Councilman Wood made a motion that the land use on the property at 4100 King Springs Road (6.32 acres) be changed from Community Activity Center to Medium Density Residential. Councilman Cramer seconded the motion. Motion was approved 7-0. (F) Rezoning Request - Church Street (5.4 Acres) From R-20, Single Family Residential, to RAD Conditional, Single Family Residential Mr. Smith stated the applicant, Mr. Harris Simpson, is requesting the rezoning of the property on Church Street. He stated the plans for this property shows twenty-one lots with a density of 3.89 lots per acre. Mr. January 5, 1998, meeting - continued Smith stated several home sites are being combined for this development. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to speak on the rezoning request. Those persons came forward and were sworn in by City Attorney Chuck Camp. Councilman Hawkins asked the applicant, Mr. Harris Simpson, to describe what he plans to do at this location. Mr. Simpson, president of Split Rail Corporation, stated he is asking for the rezoning of approximately 5.4 acres ofland on Church Street for a 21-10t subdivision. Mr. Simpson stated when he appeared before the Planning and Zoning Board he submitted a letter (dated 12-08-97) with eight conditions which he asked to be a part of the record and a part of his petition. Mr. Simpson then read the letter (stipulations listed below): .. 1. To develop a maximum of 21 lots on the combined properties. 2. To require a mandatory homeowners association. 3. To have a minimum heated floor area of 1,650 square feet. 4. To have a two-car attached garage with every home. 5. To sod all front yards. 6. To have underground utilities. 7. That erosion control measures will be constructed before site grading is undertaken, and will be maintained until permanent ground cover is established. 8. **The exterior elevation of the front of the homes shall predominantly consist of brick or stucco and stone. Siding accents may be used under eaves of gables. (For clarification see minutes of February 2, 1998) Mr. Simpson stated on December 16, 1997, a neighborhood meeting was held at city hall to discuss issues and concerns of the neighborhood. He further stated he has met individually with some of the residents since that meeting to inform them of his proposal and to discuss their concerns. He stated he would like to cover those concerns and respond where appropriate. He then listed the concerns. 1. Low water pressure and water capacity to serve these proposed homes. .... He stated he had conferred and confirmed with the City Engineer that a section of the water line between this property and South Cobb Drive is undersized and it will be required that it be replaced. He stated he had also briefly discussed this with Mr. Smith and he has agreed that this will be done. 2. Sewer capacity adequate to serve the project. Mr. Simpson stated one of the neighbors had questioned the ability to tap into the sewer on Church Street. Mr. Simpson stated the sewer line to serve the property is actually at the rear of the property along the creek that flows to the south. Mr. Simpson stated he had been assured there is adequate reserve capacity in that sewer to serve the proposed development. 3. Traffic on Church Street. Mr. Simpson stated everyone was concerned about the traffic on Church Street and he felt that was a legitimate concern. Mr. Simpson stated his proposed development suggests only five more homes than what could be constructed under the current zoning and he respectfully submitted that five additional homes would not have a significant impact on the existing traffic. 4. Widening of Church Street. Mr. Simpson stated he has been told there are no plans to widen Church Street. .. 5. Mr. Simpson stated that Dr. McQueen, 980 Church Street, had expressed concern about damage being done to her property from the developing of this property. Mr. Simpson stated these type events are not likely to happen and his company will do everything reasonable to avoid any possibility of a problem of this nature but stated the contractor for this project will be fully insured and fully responsible for their work and for their performance. 6. Retention pond construction. Mr. Simpson stated there was some concern that this might increase flooding downstream, particularly Dr. McQueen was concerned about this. Mr. Simpson submitted that existing regulations require that retention be provided on site and will be designed so as to allow no downstream increase. Mr. Simpson stated his design would not be approved and the development will not be built unless it meets those requirements. January 5,1998, meeting - continued 7. Parking for construction vehicles. Mr. Simpson stated all the parking for construction will be off street. He stated there is no place to park along the street. He stated there will be construction traffic coming and going but all parking will be provided off street. 8. Density. Mr. Simpson stated the proposed twenty-one homes on 5.4 acres is approximately 3.9 homes per acre. He further stated by comparison, the Wieland project - Heritage at Vinings - is exactly the same density at 3.9. He also stated that the county project - 2000 Paces Ferry - located at Atlanta Road and the intersection of Paces Ferry Road is a higher density of approximately 5 units per acre. Mr. Simpson stated there were some residents with whom he spoke that were in favor of the development and he had asked those that were willing to sign a petition stating they were in support of the rezoning. He then presented City Clerk Melinda Dameron with the signed petition and letters of support. Councilman Hawkins stated at the time Mr. Simpson appeared before the Planning and Zoning Board there was some concern that a builder had not been selected. Mr. Hawkins then asked Mr. Simpson if a builder has been selected and he responded the property is under contract with Torrey Homes. Mr. Simpson presented a display board of typical Torrey Homes that have been built in the area and is representative of what he has presented in his conditions. He further stated that at least 50% of the houses will have some masonry or stucco front elevations. Mr. Hawkins asked Mr. Simpson if he had determined which of the house plans displayed would be available for this project. Mr. Simpson stated no determination has been made but the display presents typical homes of the Torrey Homes houses. Mr. Hawkins stated Torrey Homes is listed in the Atlanta Business Chronicle as the number one homebuilder in the metro-Atlanta area. Mr. Simpson stated on the lots that back up to the south property line, those lots fall off to the rear and they are very positively saying they expect to do basement houses and that will increase the prices of the homes in the neighborhood of $20,000. Mr. Hawkins stated on the plan submitted to the city, Lots 11 and 12 are considerably larger than the others. He further stated that is due to the creek on the property and the requirement to stay so many feet from it. Mr. Hawkins then asked about the average depth of the proposed lots that back up to the houses on Clifton Road. Mr. Simpson stated he could not really say what the depth is but would appear to be 150'. Mr. Hawkins then stated Lots 11 and 12, due to the retention pond required for the project, will be considerably larger than the other lots. He also stated there will be a good bit of undisturbed stuff along that creek because of the size of the lots. Mr. Simpson stated by law there is a setback from the creek and a buffer. He stated in building the detention pond there are some rules that go along with that and they are required to conform to all those rules. Mr. Hawkins asked Mr. Simpson to describe the type of visual buffer that will be placed parallel to Church Street. Mr. Simpson stated he has recently been involved with a project in Dekalb County on Tillie Mill Road where a fence was built with a small pillar every fifty feet and then a fruit tree planted in the center point between the pillars. He stated they have found that to be a reasonably priced fence to build. Mr. Simpson stated they do not have a design at this point but Torrey Homes has indicated they have ideas about building a fence and doing some landscaping. Councilman Newcomb asked Mr. Simpson about Lots 11 and 12 in reference to the 25-foot stream buffer. Mr. Newcomb indicated the 100-year flood plain is not marked on the plan and asked about where the flood plain is. Mr. Simpson stated it is not exact where the flood plain is. Mr. Simpson stated the stream is not shown on the insurance maps and on those maps where it is shown, it is defined that it will have to be engineered and a part of the retention study. Mr. Newcomb asked about how the water will be collected from the top lots (21, 20, 19, and 18) due to the drop off of the property. Mr. Simpson stated a good bit of that water will be collected across the curb into the street. Mr. Hawkins asked Mr. Simpson if it would be a fair statement to say that whatever requirements the EP A puts on the City of Smyrna for drainage and soil erosion control which are mandated by law he will comply with and the City Engineer will be very much involved with how that water drains. Mr. Simpson stated not only is he willing to do that but also he understands his plans will not be approved unless those conditions are met. Mr. Simpson stated the actual engineering will be subject to submission for review and approval and if it is not approved will not be built. Mayor Bacon recognized Sandra McQueen, 980 Church Street. Ms. McQueen stated she is speaking for several of the homeowners and stated they are requesting the rezoning be denied. Ms. McQueen stated she felt the eleven homes allowed under the R-20 zoning, or fifteen homes under the R-15 zoning, would be sufficient for the property. Ms. McQueen stated they are not opposed to development but are against ..... ..... ..... January 5,1998, meeting - continued development of this density. She stated they are also concerned about tree preservation, impact on water/sewer lines, fire safety, hours of construction, damage to abutting property, the required 25-foot buffer, impact of increased traffic, appearance of lots, etc. Ms. McQueen presented a petition to the council concerning the traffic on Church Street. .... Due to an earlier comment made by Ms. McQueen regarding campaign contributions to council campaigns, Mr. Cramer stated for the record he has received no contributions from any builder. Mr. Hawkins then asked Mr. Simpson if he had ever met him before the meeting to discuss the proposed rezoning. Mr. Simpson stated before that meeting he had never met Mr. Hawkins. Mr. Hawkins then asked Mr. Simpson if he had ever contributed to his campaign. Mr. Simpson responded he had not. Mr. Hawkins stated he wanted this in the record. Mayor Bacon then asked Mr. Simpson if he had ever contributed to any elected official of the City of Smyrna's campaign funds. Mr. Simpson responded he has not and further stated he is new to the area of Smyrna as far as developing properties is concerned. He stated he has been developing property in Cobb County for thirty years but is new to Smyrna and had never met any of the elected city officials until this petition was submitted. Mayor Bacon recognized Johnny Plunkett, 91 Concord Road, who questioned why the current zoning could not be used. Mayor Bacon recognized Richard Tedford, 1065 Church Street. Mr. Tedford stated he wanted to mention the fact that the Planning and Zoning Board had voted against the proposed rezoning. He then stated he was concerned about the traffic on Church Street. Mr. Tedford stated he was also concerned about the increased water flow and possible flooding, low water pressure and sewer capacity. He then stated he is opposed to the rezoning of the property. Councilman Newcomb stated there is a lot of traffic on Church Street and is a continuing issue for the Mayor and Council. He stated the city has worked very hard trying to control the traffic on Church Street to the extent that every time a stop sign is put up, someone calls to ask why it was installed because they feel there are too many on that street. He further stated the Police Department does work Church Street in an effort to control traffic. ... Mayor Bacon recognized Martin Cantrell, Clifton Road resident. Mr. Cantrell who questioned the location of the sewer line supposedly near the creek. He encouraged the city to verify the location of that sewer line. Mayor Bacon recognized Shelly Gray, 1133 Church Street. Ms. Gray expressed concern about the water flow in the new development. Mr. Simpson stated earlier when he mentioned the water flow would be directed over the curb and into the road he was referring to the road in the new subdivision. Ms. Gray stated she currently experiences water flow problems during rainy weather. Ms. Gray encouraged the city not to widen Church Street and suggested the possibility of making Church Street a cuI de sac street near the Church Street Center. She stated she thought that might eliminate cut through traffic from South Cobb Drive to Atlanta Road. Mayor Bacon recognized Robert Toole, 999 Church Street. Mr. Toole spoke in opposition to the rezoning citing traffic concerns and lack of police enforcement. Mr. Toole further stated he is totally against the proposed development and would be opposed to even the construction of only ten or eleven homes because there is nothing in the general area that compares to throwing in basically" cookie cutter" houses in a compact housing area. He also expressed concern about the ability of fire trucks being able to respond to that area. Mayor Bacon recognized Jimmy Smith, 801 Church Street. Mr. Smith stated he is opposed to the rezoning and further stated everything he felt about the rezoning has already been expressed. He stated his main opposition is the density. Councilman Newcomb asked Mr. Smith or any of the other speakers if they would like to address the issue of the apartments located across the street from this proposed rezoning as -. well as the other nearby apartments. He then stated he has heard the argument that to have more owner- occupied dwellings on Church Street would be a good thing to balance out so many non-owner occupied (i.e., apartments) in the area. He then asked he would like to have someone address that in their remarks. Mayor Bacon stated that regardless of how the city feels about the apartments (Riviera or Stephens Woods) that were zoned 25 or 30 years ago, the fact remains that the property is zoned for twelve units an acre and is directly across the street from this property and then asked if it makes it less attractive than if you had houses there. He stated the residents would not have the continuing problems with apartments that do not have local ownership. Councilman Newcomb stated that perhaps what the area needs is more owner- occupied houses across the street. Mr. Jimmy Smith stated it is not the fact of owner-occupied houses, it January 5,1998, meeting - continued is the matter of density in such a small area. Mr. Cramer asked Mr. Smith did he not think that the value of the units being built is almost double the cost of the surrounding houses. Mr. Smith stated that was correct and would be a great development if the density were reduced. Mr. Smith then asked the council to put a hold on approval of any RAD Conditional zoning until a study could be conducted of all the developments that have already been approved and are under construction to get the total quantity of this type house being built. Councilman Hawkins stated it is not the role of the council to try to find developers to come to Smyrna and tell them what type homes to build. He stated the types of homes being built are market-driven and the developers are building homes the consumers are purchasing. - Mayor Bacon stated the council has struggled for a long time with RAD Conditional zoning. He stated the city has not had a zoning request from R-20 to R-15 in a long time and most requests are from R-20 to RAD Conditional. He further stated the Mayor and Council is meeting with the Planning and Zoning Board on January 6, 1998, to discuss issues about density in Smyrna. Mayor Bacon recognized Dottie Dow, Coldwell Banker associate representing Mrs. Bushman in this transaction. Ms. Dow stated the Bushman's purchased this property twenty years ago and now Mrs. Bushman has the opportunity to move to another city. Ms. Dow stated it was her responsibility to help Mrs. Bushman seek the highest and best use of her land. Ms. Dow further stated it is her belief that this developer, at this time, with this plan, represents the highest and best use of this land. Mayor Bacon recognized Mr. Toole again. Mr. Toole stated he believes the rezoning will box his property in on three sides by Riviera Apartments, Stephens Woods Apartments and Church Street and is opposed to the rezoning. Councilman Hawkins asked Mr. Simpson why the property could not be developed under the current zoning. Mr. Simpson stated it is a matter of market and economics. He stated he has a first-class builder promising to come to Smyrna and build a first-class community. He stated if the price of the land was any higher he would not be able to develop this property. He stated it is simply a matter of market -driven economICS. Councilman Hawkins made a motion the rezoning request on Church Street (5.4 acres) be approved from R-20, Single Family Residential, to RAD-Conditional, Single Family Residential with the following stipulations: ... 1. To develop only 21 lots or a maximum of 21 lots. 2. To require a mandatory homeowners association. 3. To have a minimum heated floor area of 1,650 square feet. 4. To have a two-car attached garage with every home. 5. To sod all front yards. 6. To have underground utilities. 7. That erosion control measures will be constructed before site grading is undertaken, and will be maintained until permanent ground cover is established. 8. The exterior elevation of the front of the homes shall predominantly consist of brick or stucco or stone. Siding accents may be used under the eaves and gables. 9. That the front setback be 15 feet from the right of way of the street. 10. That no two houses can be closer than 15 feet apart. 11. In the landscape area, some type of reasonable landscape be put in between the fence running parallel to Church Road. 12. That if no permits are issued on this property within twelve months of tonight, the zoning will revert to its present zoning (R-20, Single Family Residential), unless some action is taken by the property owner. Councilman Cramer seconded the motion to approve the rezoning at Church Street. Councilman Newcomb - stated he supports the motion but did wish the density was different but did not feel it would make a significant difference. Motion was approved 7-0. (G) Land Use Change - Church Street (5.4 Acres) From Low Density Residential to Medium Density Residential Councilman Hawkins made a motion the land use change on Church Street (5.4 acres) from Low Density Residential to Medium Density Residential be approved. Councilman Scoggins seconded the motion. Motion was approved 7-0. January 5,1998, meeting - continued (H) Ordinance Amendment - Section 801 - Increase Minimum Square Footage of Residential Structures Mr. Smith stated this is the second reading of the proposed ordinance amendment. He stated it has been recommended by the Community Development Committee. He stated the amendment will increase the minimum square footage in the zoning category of residential districts. Councilman Scoggins stated this is the final hearing of this proposed amendment. Mayor Bacon stated this is a public hearing and asked if anyone was present who wished to comment on this amendment. ... Mayor Bacon recognized Aubrey Graves. Mr. Graves stated it is his opinion that by increasing the square footage it will be more attractive to builders to put a larger home on a smaller lot and will amount to spot zoning. He then asked if the city goes from the existing zoning in an area to a more attractive zoning classification for the developer, how will that affect the existing nearby property owner. Councilman Scoggins made a motion to approve Section 801 to increase the minimum square footage of residential structures as submitted. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (I) Ordinance Amendment - Appendix H - South Cobb Drive Urban Design Guidelines Mayor Bacon stated Items I and J will be tabled until the next council meeting at the request of the Community Development Director. Mr. Smith stated this is the second reading on these proposed amendments. He further stated the South Cobb Drive Urban Design Guidelines and the Windy Hill Road Urban Design Guidelines are patterned after the Atlanta Road and Spring Road Urban Design Guidelines which create an overlay district over the zoning in those areas that will supercede or augment the standards that are required in those areas. He stated it is a very comprehensive document and the boundaries are identified, the application procedure and explanation of the criteria to govern development in this area. He further stated existing businesses or structures are grandfathered in under this ordinance. Mayor Bacon asked if there was any public comment on either Item I or Item J. There was none. - Councilman Scoggins made a motion that this proposed ordinance amendment - Appendix H - South Cobb Drive Urban Design Guidelines be tabled until the January 20, 1998, meeting. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (1) Ordinance Amendment - Appendix I - Windy Hill Road Urban Design Guidelines Councilman Scoggins made a motion that this proposed ordinance amendment - Appendix I - Windy Hill Road Urban Design Guidelines be tabled until the January 20, 1998, meeting. Councilman Lnenicka seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Approval of Extension of Apartment Moratorium - January 7, 1998 - July 7, 1998 Mr. Smith stated this is an extension of the apartment moratorium, which the city has had in effect for approximately five years. Councilman Scoggins asked Mr. Camp if the six-month extension period is required by law and Mr. Camp responded the six-month period has been determined as a reasonable time period for the extension of the moratorium. Councilman Scoggins made a motion to approve the extension of the apartment moratorium from January 7, 1998, to July 7, 1998. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Approval to Amend Speed Zone Ordinance - Mr. Smith stated the Police Department has submitted a list of streets which must be submitted to the Department of Transportation to allow the Department of Public Safety to permit the city to use speed detection devices in these areas. Councilman Newcomb stated there are a couple of questions about one of the streets on the list that has not yet been resolved. He then made a motion to table the proposed amendment to the speed zone ordinance until the January 20, 1998, meeting. Councilman Scoggins seconded the motion. Motion was approved 7-0. January 5,1998, meeting - continued (C) Appointment of Building Hearing Officer Councilman Scoggins made a motion that E. Alton Curtis be appointed as the Building Hearing Officer to serve a two-year term ending December 31, 1999. Councilman Hawkins seconded the motion. Motion was approved 7-0. (C) Resolution - Reaffirm Necessity for $1.50 "E-911" Charge Mr Smith stated this $1.50 charge augments the cost of the 911 services which the City of Smyrna operates. -- Councilman Newcomb stated by State law the city must reaffirm the necessity to collect the $1.50 for the E-911 services each year. Councilman Newcomb made a motion to approve the resolution reaffirming the necessity for the $1.50 "E-911" charge on telephone subscribers served by Smyrna's Enhanced 911 System for the fiscal year. Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Beers Construction Company - Permit for Construction of Media One Tech Center - 220 Lake Ridge Drive - Highlands Industrial Park Councilman Wood made a motion the building permit for Beers Construction Company to construct a Media One Tech Center at 220 Lake Ridge Drive in the Highlands Industrial Park be approved. He stated will be an 18,000 square foot office building with an estimated cost of construction of $1,200,000. Councilman Newcomb seconded the motion. Motion was approved 7-0. (B) Community Transit Authority - To Install Bus Shelters throughout the City Councilman Scoggins stated the list of locations is available in the office of the City Clerk. Councilman Scoggins made a motion to table the building permit for the Community Transit Authority to install bus shelters throughout the city to the January 20, 1998, meeting. Councilman Newcomb seconded the motion. Motion was approved 7-0. -- BID AWARDS: There were none. CONSENT AGENDA: (A) Approval of December 15, 1997, Minutes (B) Authorize the Mayor to Sign and Execute Congestion Mitigation Project Between Department of Transportation, State of Georgia, and City of Smyrna (C) Approval to Install Speed Humps on Argo Drive (D) Approval to Request Bids - Utility Services Department - Pickup Truck (E) Approval to Request Bids - Heating, Ventilation and Air Conditioning Equipment Contract (City Buildings) (F) Approval to Request Bids - Lighting for Athletic Fields - Parks and Recreation Department (G)* Approval of Temporary Emissions Station Permit - January 5,1998 - July 5,1998 - 3315 South Cobb Drive Councilman Hawkins made a motion to suspend the rules for the purpose of adding Item G to the consent agenda. Councilman Newcomb seconded the motion. Motion was approved 7-0. Councilman Hawkins made a motion that Item G - Approval of temporary emissions station permit at 3315 South Cobb Drive for a six-month period (January 5, 1998 to July 5, 1998) be added to the consent agenda. __ Councilman Cramer seconded the motion. Motion was approved 7-0. Councilman Hawkins made a motion the consent agenda be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. COMMITTEE REPORTS: Councilwoman Capilouto stated she had no committee reports this evening. January 5,1998, meeting - continued Councilman Newcomb provided an update on Spring Road and the issue of being able to make a turn on Glenroy Place if a traveler is traveling westbound on Spring Road. He stated there has been some confusion at this intersection because of the traffic light that is still hanging above the old lanes of the road. Mr. Newcomb stated the latest estimate for completion of the Spring Road project is March, 1998. Councilman Scoggins stated he did not have a report this evening. Councilman Hawkins stated he did not have a report this evening. ... Councilman Cramer stated the Christmas tree recycling event on January 3, 1998, at the Home Depot located in Smyrna/Vinings was very successful. He stated almost 1700 trees were recycled with twenty- eight volunteers and approximately 165 hours donated to the event. Councilman Lnenicka read from a memo from Scott Stokes, Director of Public Works, concerning the sanitary sewer system of Creatwood Subdivision. He stated in a lot of discussions last year there were concerns raised that the sewer system at Creatwood and Campbellwood subdivisions might not be in good repair. He stated the residents had been promised an inspection of that system and that has been complete. He summarized that from the video observation and physical observations the conclusion can be reasonably made as to the condition of this particular system. He further read from the memo that the city rates their sewer, water and storm sewer on the following scale: excellent, good, fair and poor. He stated Mr. Stokes stated in his memo that it could be reasonably concluded that the sanitary sewer system in the Creatwood Subdivision is in good condition. He stated it appears that there are only two sections of line that need future replacement due to non-uniform elevations between manholes. Mr. Lnenicka stated Mr. Stokes reported in his memo that the department is taking advantage of this particular inspection by plotting all sewer tap locations for future digitizing. He further stated this extra effort will further enhance the future geographic information system maps and reduce costs for developing such maps. Councilman Lnenicka stated the good news is that the sewer system in there is in good condition with a couple of minor repairs needed. He stated those repairs are not critical nor urgent but will be scheduled and done at the appropriate time. ... Councilman Lnenicka stated in response to an earlier remark by Ms. McQueen about who contributes to campaign funds that all those records are public documents and are on file in the office of the City Clerk. He stated he felt these records are probably also available at the State but assured the residents that no developers have ever contributed to his campaign. He stated his interests are in serving the residents of Ward 6 and the City of Smyrna. He stated his constituents have supported and back him and he further stated he is very grateful for their support. Councilman Wood stated he has no committee reports this evening. Mr. Smith stated the Georgia Chapter of the National Concrete Institute recognized the Smyrna Public Safety facility with their excellence award and the city will be recognized at their annual meeting January 22, 1998. Mr. Smith then stated at the Cobb Chamber of Commerce First Monday Breakfast meeting this morning, Congressman Newt Gingrich commended the city for the accomplishments and recognition during the past year. With no further business, the meeting adjourned at 10:25 p.m. - ..--.--. w~~~ M . A DAMERON, CITY CLERK {~ ' ill ' . "'c . j'J-'L ~ CHARLENE CAPILOU 0, WARD 1 ~-,2_,J j~ RON NEWCOMB, WARD 2 - S, WARD 4 tJ&i)U- WADES. LNENIC A, WARD 6 ~~D~ --- -