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March 17, 1997 Council Meeting March 17 1997 , 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, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public Works Director Scott Stokes, Police Chief Stan Hook, Library Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Clean and Beautiful Coordinator Ann Kirk, Human Resources Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Robin Broyles, Community Relations Director Maryclaire Andres, and representatives of the press. ... Invocation was given by Reverend Lee Delbridge, Smyrna Christian Church, followed by the pledge to the flag. CITIZENS INPI TT' Mayor Bacon recognized Garry Osborne and Curt Johnston, candidates for the Cobb County School Board Post 2. Both candidates urged everyone to vote in the special election on Tuesday, March 18, 1997. Mayor Bacon recognized Joyce Reagin who announced there will be a charity auction on Saturday, March 22. Ms. Reagin announced the auction will benefit Smyrna Must Ministries, Blind and Low Vision, Meals on Wheels and the Diabetes Association. Ms. Reagin stated there will be a preview at 12:00 noon with the auction beginning at 1:00 p.m. at the Smyrna Community Center. PURI,Ie HEARINGS' (A) Variance Request - 4161 Manson Avenue - Reduce Side Yard Setback from 10 Feet to 3 Feet Mr. Smith stated the applicant, James Nimmons, wants to build a free-standing carport three feet from the side property line. He further stated the property has a steep uphill grade to the rear of the house causing the carport to be located within three feet of the side property line. ... Mayor Bacon asked the applicant to come forward. Mayor Bacon announced this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. There was none. Councilman Wood asked Mr. Nimmons to briefly tell the council what he plans to build. Mr. Nimmons stated he plans to extend his driveway and build a carport three feet from the property line. He stated now when he parks his car in the driveway, he has to back down a steep hill and his wife almost refuses to back down the driveway. Councilman Wood stated this is an extension of his drive and will provide a backup space. Mr. Wood stated there is a letter from Mr. Worley, the neighbor who would be affected by this variance, stating he has no objections to the building of this carport three feet from the side property line. Councilman Wood made a motion the variance request at 4161 Manson Avenue to reduce the side yard setback from 10 feet to 3 feet be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (B) Variance Request - 756 Concord Road - To Allow More than One Sign Per Lot Mr. Smith stated Premier Bank is leasing the existing building and would like to have their own free-standing sign at this location. He further stated there is an existing sign there for A-I Storage and they are requesting the variance to place their own free-standing sign on this lot. Mayor Bacon asked the representative from Premier Bank to come forward. He then announced this is a public hearing and asked if anyone was present in opposition to the granting of this variance request. Mr. John Dickson came forward in opposition. Mr. Camp administered the oath to Mr. Dickson. ... Councilman Hawkins asked the applicant to come forward and identify herself. Ms. Anne Clark stated she is present tonight representing Premier Bank. Mr. Hawkins asked Ms. Clark to explain why this variance is being requested and the bank's plan for this property. Ms. Clarke stated there is an existing pylon sign on the property. She stated the sign was erected some time ago and is actually a marker for the businesses that are located on the property that is directly adjacent to the back of the property that the bank would occupy. She further stated the existing sign is white and red and is a tall, industrial looking type sign. Ms. Clarke stated the bank proposes to curb in one of the parking spaces at the front of the lot and erect a monument type sign that would be more in keeping with the image the bank wants to portray to the community. Councilman Hawkins stated the City of Smyrna has an ordinance prohibiting two signs on the same road frontage and it is not the location of the sign but the fact that there would be two signs on that lot. Ms. Clarke March 17, 1997, meetine - continued stated that is correct. Ms. Clarke stated the bank building property that the bank has leased is actually the facility that is facing Concord Road and the other businesses with the sign actually face South Cobb Drive and have South Cobb Drive as their address. Ms. Clarke further stated there is no marker on South Cobb Drive for these facilities. Ms. Clarke stated she feels Premier Bank will be an asset to the city and not being allowed the sign would be a detriment to the bank. Ms. Clarke stated she understood the variance is necessary due to the location of another sign on that lot even though it is for the businesses with a South Cobb Drive address. Mayor Bacon asked who the current owner of the property is and Ms. Clarke responded C. R. Shah. Mayor Bacon asked if the bank has talked with Mr. Shah about having the current sign taken down to allow the bank to erect their sign. Ms. Clarke responded they have talked to Mr. Shah and he was not agreeable to that at this time. ....., Mayor Bacon asked Mr. Dickson to come forward. Mr. Dickson stated his name and address (174 Concord Road) and stated he is not against the bank. He stated he was concerned about coming out of Radcliffe Road and looking to the west, that the sight distance would be impaired with a large sign at this location. Mr. Dickson stated the proposed sign is nine feet high by six feet wide at the bottom and seven feet, two inches at the top. Councilman Hawkins asked Mr. Dickson about the location of Radcliffe Road. Mr. Dickson stated it is a private road, which he owns, and runs along the side of the bank property and is a thirty foot right of way. Councilman Hawkins asked Mr. Hildebrandt to come forward and address the sight distance issue. Mr. Hildebrandt stated the existing sign ordinance allows a sign to be placed within twelve feet of the back of the curb and that would be borderline in this instance. Mr. Hildebrandt recommended this sign be placed fifteen feet from the back of the curb which would be a more reasonable distance to allow better sight distance. Councilman Hawkins asked Ms. Clarke to come forward again. Mr. Hawkins asked Ms. Clarke if the bank would have any problems locating the sign fifteen feet from the curb; Ms. Clarke responded that would be no problem. Mr. Hawkins then asked Ms. Clarke if the bank would be agreeable to the following stipulations: that the variance be granted to the bank only and if the bank vacates the premises the sign would be removed by the bank; and that the sign be located within the sight requirements as determined by the City Engineer. Ms. Clarke stated she would agree to both stipulations. ....., Councilman Hawkins made a motion the variance request at 756 Concord Road to allow more than one sign per lot (for Premier Bank) be approved with the stipulations listed above. Councilman Cramer seconded the motion. Motion was approved 7-0. (C) Ordinance Amendment - Delete Section 710.23 - Appendix A - "Florists, Drugstores, and Apothecary Shops" Mr. Smith stated in reviewing the ordinance, it has been suggested that "florists, drugstores, and apothecary shops" be removed from the present zoning of 0&1 (Office and Institutional) and left in the GC (General Commercial) zoning. Mr. Smith stated this is the first reading of the proposed ordinance amendment and has been properly advertised. Mayor Bacon asked if anyone was present in opposition to the proposed amendment. There was none. Mayor Bacon stated the second reading and a vote on the proposed amendment will be conducted at the April 7, 1997, meeting. (0) Alcoholic Beverage License Request - Fati Inc., D/B/A Fina Mart - 2539 Old Concord Road - Retail Package Beer and Wine Mr. Smith stated this request is due to a change of ownership and the agent, Issay Roy Denney, will remain the same. Mr. Smith stated Mr. Denney has been given a copy of the Alcoholic Beverage Ordinance and has been a resident of Cobb County for fifteen years. He further stated the Police Department investigation revealed nothing that would preclude the issuance of this license to Mr. Denney. ....., Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this alcoholic beverage license request. There was none. Councilman Cramer stated this is a previously licensed location and the ownership changed March 1, 1997. Mr. Cramer asked Mr. Denney if he had read and understand s the code pertaining to the alcoholic beverage license holder and Mr. Denney responded yes. Mr. Cramer cautioned Mr. Denney that the Smyrna Police MaTch 17, 1997, meeting - continued Department conducts sting operations. Mr. Denney responded he was aware of that. Mr. Cramer cautioned Mr. Denney about the sting operations and urged him to train his employees in asking for identification before making sales. Mr. Cramer stated the police department investigation revealed nothing that would preclude the issuance of this license to Mr. Denney. Councilman Cramer made a motion the alcoholic beverage license request for Fina Mart at 2539 Old Concord Road for retail package beer and wine be approved with Issay Roy Denney as the agent. Councilman Hawkins seconded the motion. Motion was approved 7-0. ... (E) Alcoholic Beverage License Request - Folks Restaurant Management Group D/B/A Folks Restaurant - 821A Concord Road - Retail Pouring Beer and Wine Mr. Smith stated this is a new application and Stephen C. Hink has applied to be the agent for this establishment. He further stated Mr. Hink has been given a copy of the Alcoholic Beverage Ordinance and has been a resident of Cobb County for fifteen years. Mayor Bacon asked Mr. Hink to come forward. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this alcoholic beverage license request. There was none. Councilman Hawkins asked Mr. Hink if this restaurant was previously known as Po Folks and Mr. Hink responded that was correct. Mr. Hawkins stated the Police Department investigation revealed nothing that would preclude the issuance of this license to Mr. Rink. Councilman Hawkins stated all distance requirements for the establishment have been met and asked Mr. Rink his affiliation with Folks Restaurant. Mr. Hink stated he is the Regional Vice President for Folks Restaurant and is on site about once a week. Mr. Hawkins asked Mr. Rink if he has ever held an alcoholic beverage license before and Mr. Hink responded he has not. Mr. Hawkins explained to Mr. Hink that he would be responsible for training the restaurant employees on all the laws as they relate to the City of Smyrna or the State of Georgia. He further stated if any of the laws are violated, Mr. Hink will be responsible for those violations. Mr. Hawkins asked Mr. Hink if he was given a copy of the Alcoholic Beverage Ordinance and Mr. Hink responded he had. Mayor Bacon asked why Folks wants to serve alcohol and Mr. Rink stated it is not a revenue enhancement but feels it is something the guests would like to have served. ... Councilman Hawkins made a motion the alcoholic beverage license request at Folks Restaurant for retail pouring of beer and wine at 821A Concord Road with Mr. Stephen C. Hink as the agent be approved. Councilman Lnenicka seconded the motion. Motion was approved 7-0. (F) Rezoning Request - Old Concord Road and Church Road (73.5 Acres) - From R-20 Single Family to RAD Conditional, Single Family Residential Mr. Smith stated this rezoning request has been heard by the Planning and Zoning Board. He further stated the applicant's site plan has been modified from the one presented at the Planning and Zoning Board meeting. He stated part of the property lies in a flood plain but no homes will be built in that area. He stated the plan shows a front yard setback of fifteen feet; side yard setback of fifteen feet between structures and a rear yard setback of twenty feet. Mayor Bacon asked the applicant Russell Barnett, Graystone, Inc., to come forward. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting of this rezoning request. Several persons indicated they were in opposition and the oath was administered to each of them by City Attorney Charles Camp. Councilman Cramer asked Mr. Barnett to present his proposal. Mr. Cramer stated the proposal presented at the Planning and Zoning Board is not the same plan that will be presented tonight. He stated there have been revisions to the original plan and the number of lots has been reduced by approximately 30I and 30 plus acres will remain as natural areas. ... Mr. Barnett, representative for Priske-Jones, Graystone, Inc.. He stated his company owns the three pieces of property that make up this site (73.5 gross acres) and the property is under contract subject to the rezoning of the property. He stated also present is John Gaskin of Franz and Davis, the land planner for the property and Marty Walden, Walden, Ashworth and Associates, specializing in hydrology and wetlands issues. Mr. Barnett stated the proposed property is located at the intersection of Church Road and Old Concord Road and stretches southwesterly along Nickajack Creek. He stated the main access point for the project is from Church Road with a secondary access at the west end of the project connecting into Landrum Drive. He stated both access points to the project are currently proposed to be gated for vehicular access. He stated Cobb County D.O.T. has recommended that they construct an accel/decellane on Church Road at the entry, which is March 17, 1997, meetine - continued provided for on the plan and is approximately a 500 foot long accel/decellane. He further stated the Cobb County D.O.T. has requested they construct a west-bound turn lane into the property. He stated Cobb D.O.T. originally recommended they eliminate the security gates from the project and in further conversations with D.O.T. on that issue, they have no problem with security gates but did have a problem with the security gate being located too close to Church Road and felt there would not be enough stacking room for vehicles between the hours the gate would be operational. He stated the D.O.T. recommended the gates be pulled back into the project about 150 feet minimum. Mr. Barnett stated they have complied with that and have actually pulled the gate in 800 feet in response to another issue which is pick up and drop off of school children. Mr. Barnett stated within the proposed conditions presented to council and the city attorney, all of the D.O. T. requirements have been incorporated in those conditions. He stated in an effort to reach a compromise on this issue, they ....,. met with approximately ten of the surrounding homeowners/neighbors on March 4 and the issues discussed at that meeting were density, concern that the lots shown below the existing 100-year flood plain would cause downstream flooding, some form of buffer to be provided between the existing residential property to the south. He stated buffer options that were discussed varied from a solid wood fence, landscaped screen fence or providing lots of comparable size to the adjoining neighborhood. Other issues discussed at that meeting were traffic impacts on Church Road; school bus pick up and drop off and school capacity. Mr. Barnett stated they have incorporated changes as a result of that meeting. He stated all the D.O.T. requirements have been incorporated; school bus drop off point was established by pulling the gate into the project; fourteen lots were eliminated from the courtyard area; twelve lots were eliminated from the estate area for a total loss of twenty- six lots. He further stated the original project contained 203 lots and now contains 177 lots; a ten-foot buffer was added along the south property line of the project and a table showing the approximate size of each lot in the project was added on the plan. He further stated a second access to Landrum Drive was added; a paddock was eliminated and two tennis courts will be built instead. Mr. Barnett stated given the location of the property and the land use realities of today it is unrealistic to expect this land to be developed as 20,000 square foot lot sites. He stated the site has been there for ten years for sale by Coldwell Banker and hasn't sold. He stated the project will bring 177 new up-scale families into the City of Smyrna. He stated this location is one of the last remaining in-field sites within the City of Smyrna. He further stated in-field sites such as this already have services in place, create shorter travel times which equates into less traffic impacts and families are already close to where they live, close to services, schools and close to major arterial roads which allow them to circulate. He stated it is better planning to bring more homes into the city's center than to push growth to the fringes. He stated this council has voted with this velocity with the very recent case of the John Wieland project on the Creatwood Farm property. Mr. Barnett stated the City of Smyrna definition of this zoning ....,. allows the inclusion of flood plain into the density calculations. He stated the overall density of this project is 2.41 units per acre and that is including the flood plain allocation that is allowed. He stated this is calculated very simply by dividing the gross acreage - 73.5 - by 177 lots which equals 2.41 dwelling units. He stated the whole intent of the Planned Unit Development Ordinance - Article 10 - is to allow projects to cluster develop and to protect environmentally critical areas and to preserve and secure recreational open spaces. He stated this project fits the letter and intent of that ordinance and they have moved density that would be allowed if they could build within the flood plain and allocated it essentially to higher ground. Mr. Barnett stated there are very few gated projects in Smyrna with for-sale housing. He stated if you develop a street and turn it over to a municipality, that street becomes a public street which can not be gated. He stated for that reason the streets in the development will be private roads. He stated private streets eliminate standard requirements for setbacks especially in the event of courtyard/cluster type homes. He stated there are still flood plain issues on this property. He further stated that until they receive some acknowledgment that they will be able to rezone the property for their project, extensive flood plain studies are not the viable thing to do. He stated these issues are open to being addressed and they have hired Walton Ashworth and Associates to work with them and FEMA on this issue. He stated the revised plan provides for a ten-foot buffer along the entire south property line of the project and they have stipulated that Section 503 of the City of Smyrna Code which covers three different option buffers that are available, one of those being a natural landscaped buffer, could be installed and another buffer could be a fence and another could be a berm. He stated they were committed to doing one of those three permitted buffers along the south property line to allow some separation and comfort to those homeowners. Mr. Barnett stated in response to traffic concerns expressed at the meeting, the original project presentation only had one entrance onto Church Road and that has been revised to include a proposed access onto Landrum Drive and if people are still upset with only two accesses, they would be amenable to opening up three accesses on the South Property Line which would give people a lot of different ways to ..... distribute traffic out of that project so it would present a negligible traffic impact on Church Road. Mr. Barnett presented school impact figures. Councilman Cramer asked Mr. Barnett about the price range for the homes in the development. Mr. Barnett responded the prices for the cluster homes will be in the $130,000 - $160,000 range; the estate lots will range from $140,000 - $220,000 range. Mr. Barnett stated they are proposing 105 courtyard homes with a minimum heated floor space area of 1750 square feet with a minimum sales price of $130,000. Mr. Barnett stated they are proposing the minimum lot size to be 19,652 square feet for the estate homes. MaTch 17, 1997, meetine - continued Councilman Hawkins asked about the drainage system within the development since the streets are going to be private streets. Mr. Barnett responded the development will meet all the engineering requirements of the City of Smyrna just as any other public project. Mr. Barnett stated they will install street lights and the utilities will be underground. .. Councilwoman Capilouto asked about the location of the third access point for the development. Mr. Barnett stated if there are still concerns about the access points, they would be agreeable to opening up access on Creek Valley Road, Head Drive, Landrum Drive and Church Road for a total of four accesses. Ms. Capilouto asked Mr. Barnett if he had any estimate on what the homeowner's association fees would be and he responded he did not. Councilman Lnenicka asked about the radius of the cuI de sacs in the development. Mr. Barnett responded the radius on primary streets end in a forty-foot radius and the short, stub streets (which are less than 150 feet) have a radius of twenty-six feet. Mr. Lnenicka asked if the City of Smyrna will serve the sanitation needs of the development. Mr. Cramer responded the city will provide service via herby kerby containers. Councilman Newcomb asked why the development elected to keep the streets private. Mr. Barnett stated if the streets are public streets, dedicated to the city, they can not be gated. Mr. Barnett stated the gated community was selected because of the marketing edge it gives the development. Mr. Newcomb asked if the roads would be built to city specifications. Mr. Barnett responded that was correct. Mr. Newcomb asked how the police and fire departments would have access to the community if it was gated. Mr. Barnett responded there were actually two ways access would be provided - either a key access or the gates are set to a certain decibel level that matches the sirens on emergency vehicles and when the sirens are activated the gates automatically open. He further stated if that were to malfunction, the key would be used. ... Councilman Newcomb stated he had concerns about the flood plain property in the development. He stated he understood these structures will not be in the flood plain but asked if there is any way the potential homeowners would be notified of the flood plain area and that the city would not be responsible for any damages incurred as a result of being located so close to a flood plain. Mr. Barnett stated he felt the necessary documentation would be included in the paperwork associated with the development. Councilman Cramer stated since the builder does not plan to build any structures in the flood plain, it would not be the builder's responsibility to correct that type problem. Mr. Newcomb asked about damage to the back yards of the homes that abut the flood plain and asked if the city would be liable to correct such damage. Mr. Barnett stated the only thing different about this development and others in the city is the "private" street issue. He stated the city's responsibilities would be no different in this development than from any other development in the city. Mr. Barnett stated he did not feel the city is responsible for going on private property and correcting damage to the property. Councilman Wood asked if Priske Jones, Graystone, has done similar developments in the area. Mr. Barnett stated they have one other development in the area. He stated they are relatively new in the southeast area but are actually a forty-year old company and have done developments in other states. He stated they are currently doing a 20-unit project with a Smyrna address but is actually in Cobb County. He stated it is a cluster project which is in the paving stage now. He further stated their company is based in California. Mr. Wood asked about the type exterior that will be on these homes. Mr. Barnett stated they have specified in their stipulations that the homes will be traditional in style and will have a combination of both siding, brick and rock. Mr. Wood asked how many floor plans would be available. Mr. Barnett responded they have not completed all the floor plans but stated there are at least four floor plans available now just for the courtyards. Mr. Wood asked if there will be a mandatory homeowner's association. Mr. Barnett responded that was correct. Councilman Newcomb asked about the trees on the property. Mr. Barnett stated they would save as many trees as possible and would be in compliance with the City of Smyrna tree ordinance. Mr. Hildebrandt stated the city's tree ordinance requires a certain density as well as a tributary buffer which will apply to Nickajack Creek and several streams coming on the site as well. Mr. Barnett stated there are about 33 acres that will essentially be a landscaped preserve park which will help mitigate any tree problem. ... Mayor Bacon recognized Fred Bentley, Sr. Mr. Bentley stated he resides in Kennesaw and has practiced law in Smyrna and all over Cobb County for the past 49 years. Mr. Bentley stated the purpose of zoning is to protect the surrounding property owners and not to make money for the developers. Mr. Bentley presented pictures of four of the lots that are scheduled to have homes built on them. He stated the pictures depict the paddock, tennis courts and recreation package. He stated the pictures were taken after a rain of only one and one-half days. He stated this is a serious flood plain area and if anything it is a wetlands problem area which has not been addressed by Mr. Barnett. Mr. Bentley stated the parent company has a track record of building cheap houses in California and he further stated he felt the City of Smyrna would have here as well. Mr. Bentley stated he had investigated the company and presented the formation documents for the company and March 17, 1997, meeting - continued pointed out the wording on the documents" Limited Liability Company." He then explained that means they have no liability whatsoever. He further stated he felt the purpose of the private roads in the development is to allow them more lots to be built upon. He stated he felt they have counted to the center of the road on the lot sizes. Mr. Bentley stated the City of Smyrna ordinances require a 15,000 square foot lot size and this company is asking for lots sized in the 5,000 - 6,000 square foot range. He claimed this is a complete departure for the ordinance. He encouraged the city to look very closely at this planned project and stressed that you can not have an entire amenities package in a flood plain area, that they are only allowed to have 50% of the amenities package in a flood plain area. Mr. Bentley stated he felt the development violates the setback requirements of the city. He claimed the developers have over produced the lots by at least 50 lots beyond the requirements of the City of Smyrna ordinances. He stated the flood plain line is not a flood plain line which is normal on a plat, but is actually a flood way line - a one hundred year flood way line. Mr. Bentley ...., stated the minimum lot requirement for this type development is 15,000 square feet and asked the council to require the developers to meet the requirements of the ordinance. Mr. Bentley stated he has been asked to file a constitutional challenge to this development (Mr. Bentley filed the original with the City Clerk). Mr. Bentley asked that the rezoning request be denied. Mr. Bentley introduced Fred Fisher, Civil Engineer, and stated Mr. Fisher would be more than happy to answer any questions the council might have. Mr. Bentley stated Mr. Fisher has examined the property. Councilwoman Capilouto asked Mr. Bentley if he was representing all the residents opposed to the planned development. Mr. Bentley responded he was representing some of the residents. Ms. Capilouto asked how many of those opposed to the development were actually City of Smyrna residents. Ms. Capilouto asked for a show of hands for those persons who are residents of the city. None of the opposed raised their hands. Ms. Capilouto stated these people are residents of Cobb County. Mr. Bentley stated this same property was turned down several years ago by the County for a similar type development. Councilman Newcomb explained to Mr. Bentley that the zoning requirements he cited are for a residential group project and that is not what this company is applying for. He stated as he understands it they are applying for Residential _ Attached/Detached Conditional. Mr. Newcomb asked Mr. Bentley what the negative impact on the surrounding neighborhood would be. Mr. Bentley stated these people live adjacent to the property and they will abut these houses and will be exposed to flooding. He stated they are not now exposed to the flooding because of the ground cover and the trees that are currently on the property. He stated they will be severely impacted both from that development and from the standpoint that the traffic will be increased on the streets. -- Councilman Hawkins stated the zoning applied for (RAD-Conditional) allows the developer to submit a plan to the city with review of the City Engineer and approval of the council can go with less than 15,000. Mr. Bentley stated the persons in the audience have not seen the latest proposed development. Mr. Bentley stated he felt the zoning applied for still must meet the other requirements of the ordinance. Councilman Lnenicka stated the previous council looked at the requirements for road building standards. Mr. Lnenicka stated the city engineer consulted with Cobb County and other officials throughout the state and revised the street specifications. Mr. Lnenicka stated he was confident that if the City of Smyrna City Engineer said the roads meet specifications and built to standard, then those roads should last ten years. Mr. Bentley said any road is going to deteriorate, whether it be in two, five or ten years, and that will eventually come back on the city. Mr. Lnenicka stated he has been on council nearly ten years and to his knowledge the city has never gone into a private street in a private subdivision and repaved the streets and further stated the city is not going to do that. Mr. Lnenicka stated the city is required by its ordinances to consider nine separate zoning review standards. He further stated one of them in Section 1508 - Appendix A, number 3, is whether the property to be affected by the zoning proposal has a reasonable, economic use as currently zoned. Mr. Lnenicka stated Mr. Bentley has not addressed that at all. Councilman Lnenicka asked Mr. Bentley if he thinks this property has a reasonable economic use as it is currently zoned. Mr. Bentley stated he feels the property definitely does have a reasonable economic use as zoned as estate sized lots. He stated it was his opinion there is a demand for the estate sized lots. Mr. Bentley further stated there is a huge demand out there for estate sized lots and they are bringing premium prices and he listed a number of developments where the homes were bringing in the nature of $200,000 and up and they are an acre, two acre and so on. He further stated there is no question about the fact that this does have a viable, economic value. Mr. Bentley stated he -- has been in the land business for nearly forty-nine years and he has seen a lot of land and stated he could state the acre sized lots are in demand. Mr. Lnenicka asked Mr. Bentley if he drew a half-mile or mile radius around this proposed development, where would Mr. Bentley find lots such as he had just described. Councilman Lnenicka stated the lots might be found in fashionable east Cobb but where would they be found in this area. Mr. Bentley responded some would be found in Vinings. .Mr. Lnenicka stated more than a mile away. ..Mr. Bentley stated some could be found near Concord Covered Bridge and a number of others scattered all over the county. Mr. Bentley stated you do not see them on front roads necessarily but property this large is large enough to create a quality kind of development like it ought to be and those lots will sell. March 17, 1997 meetine - continued Councilman Lnenicka asked how long has this property been on the market? Councilman Cramer responded the property has been on the market ten years and has been sitting vacant. Mr. Bentley stated he understands that. Mr. Cramer stated the property is zoned R-20 with a buffer around it and surrounded by R-15. Mayor Bacon recognized Robert Jakes, 3244 Foxwood Trail. Mr. Jakes stated most of the people here tonight live at the top side of the hill - Creek Valley, Dan Place, etc. He stated he lives at the bottom side of the property and the proposed development will be above his property. He stated his property is across Nickajack Creek from the proposed development and during the last three years, water has been in his house with the severe rains. He stated as of February 28, 1997, water was not in his house but was out of the creek banks .... of Nickajack Creek. He stated he has no objections to the land being developed, his main concern is the question of flooding. Mr. Jakes stated he had met with the representatives of Cobb County Department of Storm Water and Drainage Department and they stated they would not allow this development to be built in Cobb County. Mr. Cramer stated one of the stipulations he planned to include is that Nickajack Creek not be disturbed. Mr. Jakes stated he was just concerned who would be liable for any damages after this company builds the homes and leaves. Mayor Bacon recognized Jim Kirkland, 463 Dan Place. Mr. Kirkland presented pictures of what the property currently looks like and a development alleged to have been built by Graystone, Inc. Mr. Kirkland stated he felt one of the reasons the developer wants private roads is to allow them to build on more lots. Mr. Kirkland alleged that the density is actually 5.51 lots per acre and in some parts of the proposed subdivision he claimed the density is actually 7.13 lots per acre. Mr. Kirkland stated the lots in his subdivision are 2.89 lots per acre. Mr. Kirkland stated he believed the Planning and Zoning Board unanimously voted to reject this development. Mayor Bacon stated that was correct. Mr. Cramer stated this plan is different than the one presented to the Planning and Zoning Board. Mr. Kirkland stated he was concerned about overcrowding in the schools, flooding and traffic impact. Mayor Bacon recognized Meredith Banks, 118 Hurt Drive. Ms. Banks stated she was concerned about Nickajack Creek and the flooding and several other issues. Ms. Banks asked about historical markers alleged to be around the site and if anyone has asked for a historical archaeological study for the site before the rezoning is approved; environmental and endangered species impact study; natural wetland inventory map for this area shows a significant amount of wetlands for the area and requested a wetland delineation and .... verification study be prepared and approved by the U.S. Army Corps of Engineers and these wetlands be shown on the plat prior to approval of zoning; Nickajack Creek has been altered creating downstream impact and alleged the property owner had constructed levees without the approval of FEMA. Ms. Banks stated if the alterations were performed with approval of FEMA, she would like to see the letter of map revision approving the construction of levees along the creek. Mayor Bacon recognized Michael Morgan, resident of Wellington Ridge Subdivision on Church Road. Mr. Morgan stated he was concerned about the impact on the area schools and the traffic. Mayor Bacon recognized Roy Johnson, who stated he lives on the other side of Church Road on Diane Drive. Mr. Johnson stated he was concerned about the flooding. Mr. Johnson stated he has lived in the area for a long time and on February 28, 1997, the heavy rains caused severe flooding problems in the area. He further stated Cobb County had recently purchased a home not far from him because of the constant flooding. Mayor Bacon recognized Hubert Head, Sr., administrator of the O. C. Head estate. Mr. Head stated he was not aware of any historical markers on the site. He further stated the main trouble he had with flooding is from Nickajack Creek. Mayor Bacon recognized Ann Lee, real estate agent. Ms. Lee stated the property has been on the market for ten years. Ms. Lee stated Mr. Barnett is the only person who has been interested enough in the property to walk the land. She stated there are many people who would be interested in homes in the price ranges proposed. ... Mayor Bacon recognized Bill Rudolph, 3374 Landrum Drive. He stated this proposal would have an impact on where he lives. He cited his concerns about traffic cutting through his neighborhood and the difficulty in exiting Landrum Drive onto Hurt Road. He stated he was also concerned about the density of the proposed development. Mayor Bacon recognized Bob Futral, 628 Factory Shoals Road. Mr. Futral stated he has worked for the city police department before and has heard a lot of concern expressed about the traffic this subdivision will create. He stated the new developments in the county, particularly West Cobb, create traffic in our area and whether this subdivision is approved or not will not make a difference in the traffic in this area. March 17, 1997, meetinp; - continued Mayor Bacon recognized Helen Demetrius, of Coldwell Bankers. Ms. Demetrius stated she has seen wonderful things happening here and there are many new subdivisions here. She stated she did not think the traffic would be increased that much from this development. Ms. Demetrius also stated a person could not get a loan on property if it is in the flood plain. She stated she feels the development will be an asset to the city. Mayor Bacon recognized Arthur Crowe, attorney representing Mr. Barnett. Mr. Crow stated under the city's present ordinance Mr. Wieland will develop a subdivision according to specifications and then the city will be responsible. He further stated under these conditions, after one year you have a homeowners association to take over and have less liabilities under this development than you would have with Mr. Wieland. ..." Mr. Cramer stated there were several road improvements scheduled along Church Road and Old Concord Road that should help with traffic concerns. He further stated a lot of the traffic congesting Smyrna is created by persons traveling from West Cobb. Mr. Hildebrandt, City Engineer, stated the city would require detention ponds on the property and there are some wetlands on the property. Mr. Barnett stated FEMA controls all the wetland issues that would be involved with this property and also any flooding issues which will be addressed through standard engineering practices. Mr. Barnett stated they have already been in contact with FEMA regarding the wetlands that may be on the property. He stated FEMA will be out as soon as the property is staked properly and delineated. Mr. Barnett further stated the traffic cut through issue on Landrum Drive will be controlled by the gate. Councilman Lnenicka asked Mr. Barnett why he did not do all the studies on the property before asking for a rezoning. Mr. Barnett responded it would not be financially viable to spend that amount of money in the event the rezoning was denied. Mr. Barnett further stated all these reports will have to be done before any building can be permitted. Councilman Newcomb asked Mr. Barnett if it was true that they were not going to do any grading on site, touch any property by the creek until the studies are done, the City Engineer is satisfied and no grading permit will be issued until that time. Mr. Barnett stated that was correct. ..." Councilman Cramer stated the city has listened to two and a half hours of discussion concerning this property. He further stated no one wants a development in their back yard and that property has been vacant for many years. He stated the real estate representative has listed the property for ten years and the owner has testified that the people in opposition are trying to deny him the fair use of his property. Mr. Cramer stated that Mr. Bentley gave a great presentation. Mr. Cramer further stated this development impacts the City of Smyrna the greatest and for a development for this city in Ward 5, this is not a cheap community. Councilman Cramer made a motion that the rezoning request for the property located at the intersection of Old Concord Road and Church Road (73.5 acres) from R-20 Single Family to RAD Conditional, Single Family Residential be approved with the following stipulations: . If the property is not developed within one year of this rezoning, it will revert back to the original zomng. . The developer will comply with Cobb County D.O.T. requirements dated 02/27/97. It is noted that comment #5 was amended by Cobb County D.O.T. to allow for a private gate at the Church Road access. D.O.T. recommended that if a gate was installed that it be pulled into the project in a southerly direction a minimum of ISO' to allow for vehicle stacking. Plan revision dated 03/09/97 places the gate approximately 800' into the project. . An internal school bus drop-off/pick-up point shall be provided to prevent traffic back-up on Church Road. . The project shall consist of two development areas: The Courtyard area containing not more than 105 lots and the estate lot area containing no more than 72 lots for a total of 177 lots. . The subdivision will have a Homeowners Association which shall manage and maintain all common facilities within the project including but not limited to: Equestrian Facilities; Entry Feature; Private Roads; Project Landscaping; Security Gates; Tennis Facilities . Development standards for the Courtyard lots shall be as follows: a) Minimum lot size 5,000 square feet b) All homes shall have an enclosed two car garage c) Proposed setbacks are applied as depicted in the diagram identified as "Typical Courtyard Polo club" and shall be as follows: 20' Front setback (measured from edge of pavement) 7.5' Side yard setback 'WI1III ... . . . ... . . . MlITCh 17, 1997, meetine - continued . 25' Rear setback 15' Separation between buildings d) Minimum heated square footage of homes 1750 square feet e) Minimum sales price shall be $130,000 Development standards for the Estate area shall be as follows: a) Minimum lot size 7200 square feet b) All homes shall have an enclosed two car garage c) Proposed setbacks are as follows: 25' from curbs 7.5' Side yard setback 25' Rear setback 15' Separation between buildings d) Minimum heated square footage of homes 2000 square feet e) Minimum sales price $150,000 Exterior Finishes - Courtyard and Estate Lots a) Front elevations - 50% brick or stone; 50% siding b) Side and rear elevations - Siding Architecture - Traditional A landscape plan shall be submitted to the City Engineer for final approval An entry monument shall be constructed at the entry to the project off Church Road. Said monument shall identify the name of the project and shall be constructed of brick or stone. A plan of the monument shall be submitted to the City Engineer for final approval. Erosion control shall be provided on the project in accordance with City of Smyrna standards Buffer: a) A 10' wide buffer shall be preserved along the southern boundary of the property as identified on the Master Plan. Said buffer shall be constructed in accordance with Section 503 of the City of Smyrna. A 25' wide stream buffer shall be provided on flowing streams deemed state waters. Corps of Engineers approval shall be required for wetlands disturbance prior to the commencement of improvements Any improvement or development within the 100 year Fringe Flood area shall be reviewed and approved by the City of Smyrna Engineering Department prior to commencement of improvements Utilities: a) All utilities within the development shall be underground Applicant will meet all applicable regulations of the City of Smyrna Fire Department Applicant will meet all applicable regulations of the City of Smyrna . . . . . . The developer agreed to the stipulations. Councilman Newcomb seconded the motion to approve the rezoning request. Motion was approved 7-0. (G) Closing and Abandonment of 15 Foot Wide Unimproved Right of Way - Parallel to Roswell Street - Land Lot 592 Councilman Scoggins made a motion that the City of Smyrna abandon the alleyway and convey it to the adjacent property owners, providing that the property owners pay the legal fees. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the closing and abandonment of the 15 foot wide unimproved right of way parallel to Roswell Street in Land Lot 592. There was none. Councilman Hawkins seconded the motion. Motion was approved 7-0. FORMAT. RTJSTNRSS: (A) Bid Opening (#97007) - Police Vehicles (4) Mayor Bacon asked if there were any bids in the audience. There were none. Four bids were received, ... opened and read as follows: Gene Evans Ford Chuck Clancey Ford Southlake Ford Jim Tidwell Ford $19,650/each $19, 947/each $19,794/each with an alternate bid of $18,006 $19,695/each Councilman Newcomb made a motion the bids be turned over to the Police Committee for their review with a recommendation brought back before council at the next meeting. Councilman Cramer seconded the motion. Motion was approved 7-0. MlITCh 17, 1997, meetine - continued (B) Bid Opening (#97009) - Utility Pole Replacement and Ballfield Lighting System Upgrade Mayor Bacon asked if there were any bids in the audience. There were none. The bids were opened and read as follows (the bids were broken down into components (a) Ward Park; (b) Cobb Park; (c) Tolleson Park): Georgia Power Company Lynn Lighting Matt Davis Ask-Kay Electrical $199,833 total with an Alternate 1 of an additional $6,400 $130,224 total with an Alternate 1 - $4,000; Alternate 2 - $6,000 $149,950 total $195,702 ...... Councilman Wood made a motion the bids be turned over to the Parks and Recreation Committee for their review with a recommendation brought back before council at the next meeting. Councilman Hawkins seconded the motion. Motion was approved 7-0. COMMERCIAL RIJTLDING PERMITS' (A) Extension of Working Hours - 1867 Cedar Cliff Drive Councilman Lnenicka asked if the applicant, Mr. Patrick Moorhouse, was present. He was not. Mr. Lnenicka stated this request is from Mr. Patrick Moorhouse who is building a new home in Cedar Cliffs Subdivision - Phase ill at 1867 Cedar Cliff Drive (at the corner of Cedar Cliff and Ridge Road at the southeast corner). He stated he is developing and building the house himself and doing a lot of work after hours and on the weekends, subbing out the work. He stated Mr. Moorhouse has requested to be allowed to work on Sundays but is not sure which Sundays. Mr. Lnenicka stated Mr. Moorhouse originally requested to be allowed to work on three Sundays but has agreed not to do any work on March 30 (Easter Sunday). He further stated Mr. Moorhouse has requested permission to work either Sunday, April 6, or Sunday, April 13, between the hours of 12 noon and 5:00 p.m. He stated this will be for interior trim and carpenter work and the people who are doing the work are doing so after their normal job and will be working one Sunday during the stated hours with a minimum of noise. Councilman Lnenicka made a motion the request to extend the ..... working hours at 1867 Cedar Cliff Drive to work one Sunday, either April 6 or April 13, between the hours of 12 noon and 5:00 p.m. be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. RIO AWARDS' There were none. CONSENT AGENDA' (A) Approval of March 3, 1997, Minutes (B) Approval to Install Speed Humps - Birch Street (C) Approval to Use Council Chambers Tuesday, March 25, 1997, From 7 - 9 p.m. for a Ward 5 Meeting**(Mr. Cramer changed the date to March 31, 1997) (D) Approval to Request RFP's for Electrical Contracting at Tolleson Pool (E) Approval to Solicit Bids for Purchase of Landscape Vehicle for Parks and Recreation Department (F) Ratification of Purchase of J. D. Daniel Property (G) Approval of Mobile Eye Clinic - MUST Ministries (H) Approval to Renew Insurance Policies for City of Smyrna Councilman Lnenicka made a motion the consent agenda be approved. Councilman Wood seconded the motion. Motion was approved 7-0. ...." COMMITrF.E REPORTS' Councilwoman Capilouto asked Chief Williams for a report on the Fire Department. Chief Williams stated the Fire Department Annual Report is available. Chief Williams reminded everyone we are in the severe weather season and urged everyone to tune in to WGST Radio if the weather alarms are sounded. Councilman Newcomb stated there are no reports from the Police Department nor the Municipal Services Department. March 17, 1997, meeting - continued Councilman Scoggins stated there is no report from Community Development. Councilman Scoggins asked Steve Ciaccio for a report from the Parks and Recreation Department. Mr. Ciaccio reminded everyone of the Easter Egg Hunt, March 20, 1997, at 6:30 p.m. at Tolleson Park for children aged 6 years and under. Councilman Scoggins asked Scott Stokes for a report from the Public Works Department. Mr. Stokes reported the annual auction is March 22, 1997, at the Public Works Complex beginning at 10:00 a.m. Mr. Stokes stated the leaf vacuum has been retired until October so if anyone has leaves to be picked up they must be bagged. Mr. Stokes reported the sidewalks on South Cobb Drive are finished and the landscaping is almost completed. Mr. Stokes reported the curbing and piping work on Sherwood Road has begun. ... Councilman Cramer asked Ann Kirk for a report on Smyrna Clean and Beautiful. Ms. Kirk reported on the recyclables report for February. Ms. Kirk stated 194,422 pounds of material were recycled saving the city $2,819 in tipping fees and the city has saved over $27,000 in tipping fees this year so far. Ms. Kirk displayed the awards received recently at the Georgia Clean and Beautiful Awards Banquet recently. Ms. Kirk stated the awards were presented from the Georgia Department of Community Mfairs. The Public Works Department was presented an award for the yard waste program; the Smyrna Clean and Beautiful was presented an award for the work of the Smyrna Clean and Beautiful Commission. Ms. Kirk stated both these awards were First Place awards in the State. Ms. Kirk and Mayor Bacon expressed their appreciation to the citizens for their efforts in making the city a better place to live. Councilman Lnenicka asked Claudia Edgar for a report on the Finance Department. Ms. Edgar stated the city is in the middle of the budget process and thanked the departments for their cooperation. She stated the next step will be review of the submitted budgets then budget hearings will begin. Councilman Wood asked Mary Ann White for a report on the Human Resources Department. Ms. White announced there are currently four jobs posted for the City of Smyrna (Laborer - Street Department); part- time head lifeguard position (parks Department); Building Inspector (Community Development Department); Purchasing Agent (Finance Department). Ms. White encouraged anyone interested in obtaining additional information about these jobs to call the city's job hotline at 431-2811. Mayor Bacon urged everyone to vote in the School Board election tomorrow. .. eeting adjourned at 10:58 p.m. Oltj;b--lt j ;O~~t~ MELINDA DAMERON, CITY CLERK A.MAXBACON,MAYOR rhOv~lD5~ r~M() CHARLENE CAPILOUTO, WARD 1 ~.~ N.,L-J ~ RON NEWCOMB, WARD 2 BILL SCOGGINS, WARD 3 fr//!o ~ JAMES M. HAWKINS, WARD 4 ! eE S. LN .. ~~~~ CHARLES PETE WOOD, WARD 7