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HomeMy WebLinkAbout11-15-2018 regular meeting City Council of Peachtree City Meeting Minutes November 15, 2018 6:30 p.m. The Mayor and Council of Peachtree City met in regular session on Thursday, November 15, 2018. Mayor Vanessa Fleisch called the meeting to order at 6:30 p.m. Others attending:Terry Ernst, Mike King, Kevin Madden, and Phil Prebor. Announcements, Awards, Special Recognition Fleisch proclaimed November as National Veterans and Military Families Month and thanked the two military veterans (Ernst and King) on Council for their service. Ernst also thanked members of the audience who served in the Armed Forces. Minutes November 1, 2018, Regular Meeting Minutes King moved to approve the November 1, 2018, regular meeting minutes. Ernst seconded. Motion carried unanimously. Consent Agenda 1. Consider Bid for Accessories- Patrol Vehicles 2. Consider Impact Fee Expenditure-Quick Response Fire Station 85 3. Consider Contract Renewal- United Pools 4. Consider Acceptance of Amended Step 2 Annexation and Zoning Request, SR 54 East, Brent Holdings, LLC/Ravin Homes, Inc. 5. Consider FY 2018 Budget Amendment 6. Consider FY 2019 Budget Amendment 7. Consider Ordinance Amendment-Alcoholic Beverages- Hours of Sale 8. Consider New Ordinance- Non-Discrimination 9. Consider Ordinance Amendment-Water& Sewerage Authority 10. Consider Ordinance Amendment- Pre-Trial Intervention Program 11. Consider Ordinance Amendment-Stormwater Management for New Development 12. Consider Authorization for Brand Name Purchase of Ambulance- Braun Chief XL 13. Consider Settlement of Claims by Huggins Family Ernst moved to approve Consent Agenda items 1-13. Madden seconded. Motion carried unanimously. New Agenda Items 11-18-02 Public Hearing -Multi-family Rezoning Moratorium Renewal Senior Planner Robin Cailloux related that, in 1999, Council adopted an ordinance directing staff to "accept no applications seeking to zone or rezone property to any designation that would allow the development of the property as multi-family." Prior to submitting this type of application, property owners must request Council lift this moratorium. The moratorium expired each year in November, so it was time for Council to consider renewing it. The Mayor opened the public hearing. No one wished to speak in favor or in opposition to the renewal of the moratorium. The Mayor closed the public hearing. King moved to approve New Agenda item 11-18-02, the multi-family rezoning moratorium renewal. Prebor seconded. Motion carried unanimously. City Council Minutes November 15, 2018 Page 2 Madden noted that he wished to go on the record as having no problem with multi-family developments when they were strategically located within the City, but that he did vote to support renewal of the moratorium. 11-18-03 Public Hearing-Consider Rezoning 5.1 Acres on TDK Boulevard from GI to LUR Cailloux said the applicant was asking to building 25 townhomes on this property, which was in the southern portion of the City with access to TDK Boulevard and overlooking Lake McIntosh. It bounded by Planterra Ridge Golf Course,with the County's Lake McIntosh Park to the south,along with the Atlanta Regional Airport- Falcon Field. The proposed use was multi-family. The property was currently zoned General Industrial (GI), and the City's Future Land Use Map designated it for GI use. The master plan showed 25 townhomes surrounding a central greenspace that they were proposing to connect to the existing path in the County's park. Cailloux said staff reviewed the proposal for adherence to the six criteria listed in the zoning ordinance.The first criterion was whether the proposal was in conformity with the Comprehensive Plan. Cailloux said the future land use portion of the Comprehensive Plan called for industrial use in this area. The next criterion was whether the proposal was suitable, in view of the use and development of adjacent and nearby property. The surrounding land uses were open space for the golf course, and industrial. The property was near the regional airport, and it was a generally accepted practice not to place residential adjacent to industrial uses. Industrial could have a negative impact on residential development through noise and emissions, as well as truck traffic, and residential could negatively impact industrial because, once those residences were established, the residents were more likely to complain about the operations of the industries, resulting in restrictions on the industrial users. The next question to consider was whether the zoning proposal would adversely affect the existing uses in the area.The airport was adjacent to the property, but the property was not located in the designated runway protection zone.The Airport Authority had provided a letter and a finding from the Federal Aviation Administration (FAA), saying the proposed development did not impact navigation abilities at the airport under certain circumstances, including keeping trees trimmed. The FAA also requested that, if approved, verbiage appear on the plat stating the proximity of the airport. Cailloux said the proposed residential use could adversely affect the adjacent land uses and the industrial potential of the adjacent properties. Some nearby industries had added significant industrial capacity to their properties within the past year. NAECO was an example, and it had doubled in size. Rinnai had also recently expanded. Another criterion asked if the property had reasonable economic use as it was currently zoned, and Cailloux said staff was not aware of any reasons why it could not be developed for industrial use. Staff also looked at whether the zoning proposal could overly burden existing infrastructure. National student generation figures showed that about 26 students would be added to the school system by this development. Adequate water and sewer was available at the site. Traffic would generate about 225 trips over the course of a day, with little impact on that section of TDK. The applicant and staff provided a fiscal impact analysis of the property, both as proposed and with some other development scenarios. If developed as proposed, the property would yield about $32,000 in City taxes. If developed as a standard manufacturing/warehouse, it would generate about $7,000 in City taxes. Cailloux pointed out that the industrial category permitted office uses, one of the highest uses being a corporate headquarters. She said there was a very City Council Minutes November 15, 2018 Page 3 current example of this type of development in Lexington Village, giving them some figures for comparison, and the taxes generated would be about $32,000, very close to the amount generated by residential development. Another question was whether there were changing conditions in the area,and staff was unaware of any changes since the adoption of the Comprehensive Plan about 18 months ago. Cailloux reported that the Planning Commission met October 22 and voted to recommend denial of this request. However, there was a list of recommendations, most of which were proposed by the applicant, if Council approved the request. Several conditions were laid out by the Airport Authority, including a statement addressing the proximity of the development to the airport on the final plat,along with language that the homeowners' association (HOA) would be responsible for maintaining a clear navigation easement by keeping all trees trimmed and clear for protected airspaces. Jerry Peterson of Peterson Planning represented the applicant, Chadwick Homes. Builder Chad Floyd was present,along with attorney Brad Sears. Peterson said this was an isolated piece of land, although it was still zoned for industrial use. Changes in the surroundings meant it would not be feasible for this site to remain earmarked for industrial use, and Peterson said he would review the changes. First, Planterra Golf Course was built, which somewhat separated this tract from the industrial area, then Lake McIntosh was constructed along three sides of the peninsula and isolated the parcel further from adjacent properties. The expansion of Falcon Field and its clear zones resulted in more separation, requiring rerouting TDK Boulevard and relocating two fairways. Although the land for the airport was zoned industrial,it was a clear zone, and nothing would ever be built there. A County park was next door, with boat docks, walking trails, and a picnic area, Peterson noted. It would be a mistake to put an industrial building on this site with the park and its recreational amenities, along with the golf course, next door. Peterson mentioned there was still unbuilt industrial land along the golf course in Southpark, and it had taken decades to get that area active. The Lake McIntosh property had been marketed as industrial/office/hotel when it was a little less separated from the Industrial Park and had no takers. Potential buyers felt it was too far away. Now, with the lake and golf course nearby, it was an expensive piece of land. It had access to TDK Boulevard, Dividend Drive, and SR 74. TDK crossed over to Crosstown Road,which had all types of retail and commercial development. Peterson said the recent Land Use and Comprehensive Plans seemed to refer back to the original 1985 Land Use Plan. That plan recommended high density, multi-family in this area, which would let people enjoy the amenity of the lake and golf course. Multi-family would allow people to live close to where they worked. Proximity to the airport was a plus, too. These would be high-end townhomes, Peterson pointed out, adding there was nothing like this in Peachtree City.There seemed to be a lot of interest, and the developer had been contacted by a large number of potential buyers for the condominiums. Peterson noted that the boundary line for the five acres was not the lake.The County owned the buffer around the lake. That put the property line at about 100 to 150 feet from the edge of the water, and there would be a 20-foot setback from the perimeter. City Council Minutes November 15, 2018 Page 4 Peterson went over the financials,stating the impact fee from an office building would be$34,000, while the impact fee from 25 townhomes would be around $105,000. An association would take care of maintenance, parking, parks, and so on, he noted, not the City. The Planning Commission discussed the proximity to the airport and voiced concerns about safety and noise. Peterson reported they had talked to aviation experts who said the protection zone on the drawings that the FAA used was not the one there today. It was quite a bit larger than what currently existed. Peterson said they looked at examples of other area airports, including Peachtree-DeKalb (PDK), Fulton County, and Hampton, and they all had residential, commercial, and industrial development much closer to the protection zone than what was proposed here. It was common to put development this close to an airport, and the FAA had no objection. He pointed out that the FAA's headquarters were just outside Hartsfield-Jackson's clear zone.Peterson also noted that there were soundproofing measures that could be taken during construction to mitigate noise from the airport. Sears said that, from a Constitutional standpoint, things had changed over time. He recalled a situation where the future land use map changed, and another piece of property had been left in the old zoning classification. In the case now being considered, the property around the parcel had changed, but the land use map had not. The land had always been in the land use plan as industrial and zoned as industrial. When TDK was moved, this piece of property was separated from the main industrial tract. The golf course helped separate it, as well. He noted that adjacent property zoned GI was in the clear zone and would never be developed. Therefore, Sears concluded, the highest and best use of this property would be the Limited Use Residential (LUR) zoning. It was the opposite of spot zoning, he said, because of the way everything had developed around it. Resident Wayne King said he supported the rezoning and intended to live in this area. He had lived in Peachtree City for 35 years and had an extensive background in aviation. He was not concerned about airplanes falling out of the sky. He believed this to be a great idea from a tax standpoint, as well as from a personnel standpoint. He looked forward to taking his grandchildren out to the lake and watching planes land and take off at the airport. It would be a beautiful environment for residential, but he did not see it as industrial. Fleisch asked if anyone wished to speak in opposition. Ralph Hale stated he was not particularly in favor or in opposition to this project, but wanted to know about environmental impact. The site was next to a drinking water source, and there would be a lot of impervious surface. He asked if anyone had contacted the Fayette County Water System about this. Martine Yancey said she had been trying to think of all the advantages and disadvantages. She had contacted the Fayette County School System and found out the students from this development would attend Rising Starr Middle and Starr's Mill High schools. The person in the school transportation office told her a new bus route might be required because it was so isolated and so far from other routes. If added to another route, 20 minutes would be added to the student commute time. Taking a golf cart to school would not be an option because of the distance. Yancey said she would not be in favor of having kids as residents here, so maybe a 55 and up community would be more suitable. She asked if this property was near the site of a plane crash from the airport. Madden said the crash was on the golf course, right beside the property, and that was a concern as well. It was a great idea, but transportation bothered Yancey. Pam Kemp said she was ambivalent. She recognized that this would be a beautiful place to live, but had concerns about the neighbors on TDK who were against residential development near the airport. She said Falcon Field was a valuable resource, and she would not like to see residents City Council Minutes November 15, 2018 Page 5 of a new development trying to restrict its growth. Right now, there were no restrictions on times of flights and on expansion. Her instinct said this area was just not right for residential development. Marc Lugash said he had a background in aviation and wondered about the noise factor. He asked if a noise study had been conducted, noting jets were based at Falcon Field that made a lot of noise. It appeared this property might be in the approach and takeoff corridor. He was not in favor or against the proposal, but felt noise complaints would be an issue as the airport traffic increased. There were no further comments, and the Mayor closed the public hearing. King stated this was one of the prettiest areas in the City and would be a great place to live. However, it was inside the traffic pattern on the west side of Falcon Field. The noise could be addressed in a statement in the deed by requiring acknowledgement, but it would not go away. There was constant noise at Planterra Golf Course on weekends from pilots doing touch and go takeoffs and landings. Pilots landing on an instrument approach would be going in straight over the lake, while visual flight rules (VFR) approaches were angled a bit to the west. He talked to a landowner in this area about safety, using the situation of a twin engine Beech taking off and losing a left engine. The pilot would be banking left and going in. If he was less than 100 feet off the ground, he could hit in the area under discussion. The landowner countered many more people might be in the crash zone in an industrial development.That was a good point, King said, but the odds that one of them would be a child would be slim. For that reason, he could not support this. Ernst said this was a beautiful area, but the safety aspect was a problem.There was a flight school at Falcon Field, and anything could happen. A plane had landed on the 10th fairway at Planterra Golf Course, Ernst recalled. He said he worked several crashes at Falcon Field when he was a police officer.The TDK Boulevard extension was also not going to go away.Somewhere along the line, something would happen in that area. The additional traffic would impact safety. There had also been talk of reviving the air show at Falcon Field in 2020, which would increase traffic, noise, and potential for danger. Because of all those factors, Ernst could not support the project. Madden asked Cailloux if there were any residential developments near this site, except for Planterra Ridge. She replied that there was some rural development across Line Creek. Madden noted that all the buildings near the airport were industrial or commercial. He asked Cailloux to point out Dividend Drive on the map, along with TDK Boulevard. He said Peterson stated it would difficult to access this property for industrial use, but it was near Dividend Drive, which handled a lot of industrial traffic. He noted that he flew over this property and landed on runway 13. Madden explained that pilots used an imaginary box above ground level that allowed them to enter and leave airspace in the same place, adding it was like an imaginary highway in the sky. Taking off on runway 31 at Falcon Field required a left pattern, similar to most airports in the U.S. Taking off on runway 13 called for a right pattern, which was unusual. He said a left pattern off runway 13 would take the plane over industrial buildings, while a right pattern went over a wooded area. There were no safety or noise issues now with this pattern, but if this development were built, planes would take off directly over it. Madden mentioned to Peterson that Council's meeting packet included portions of the City's 1985 Comprehensive Land Use Plan, asking Peterson if he had highlighted certain areas, and Peterson said he had. Madden read from one of the highlighted areas: "Some MDMF (medium density multi-family) should be constructed near the Industrial Park so as to permit close work/home relationships." Two paragraphs above that, however, Madden said the goal of the residential City Council Minutes November 15, 2018 Page 6 section of the plan was listed: to "provide an appropriate mix of dwelling types, sizes, and prices in order to meet the current and projected needs of City residents of all socio-economic groups in accordance with their financial capabilities, mobility, and preference."He asked Peterson if the people who created the 1985 plan expected that the people in that medium density multi-family housing would be buying half-million dollar condominiums. Peterson said he did not know what they were thinking, but he believed it would be good for other reasons. It would not interfere with other single-family neighborhoods because there was nothing else around. It was close to jobs, golf, and the airport, and would let more people enjoy the amenity of the lake. Madden quoted from the plan again: "Additionally, MDMF development on the proposed Lake McIntosh will serve two additional purposes: provide proximity of large numbers of people to the City's primary job area;and allow the maximum feasible number of people to enjoy the amenities associated with the lake." Madden asked if a 25-unit condominium development was what the developers of this plan meant or if they meant more people than those few. Peterson said this was good-sized project,and pointed out the next paragraph mentioned allowing people to enjoy the amenities of the lake. Madden wondered how many people working in those manufacturing facilities near this development could afford a $500,000 condominium. Peterson said owners and management probably could afford them. Madden again quoted from the applicant's documents: "There have been years of attempts to market this parcel as office or industrial, but there has been no success because of the remote location, cost, and other factors." Madden said the map showed the site was certainly not in a remote location from other major industrial areas in the City. Peterson said people were concerned that it did not front on a highway or on Dividend Drive. Buyers, especially hotels and events centers, wanted their businesses visible from the main roads. Peterson said marketing attempts had been made for decades and were unsuccessful even before the parcel was isolated. Madden asked what would happen if the rezoning was not approved. Peterson answered that he was not the owner of the property, but he did not feel it would be marketable for industrial use because of the location and the surrounding park and lake. Madden's next question dealt with the statement from the applicant's documents that "it was no longer appropriate for an industrial building,"and "it would be a mistake with all these recreational activities and the adjacent park to allow an industrial building to be erected on this site." He said every person who had ever worked for him would like to have a place next to their office where they could enjoy a park and a walk by a lake. The proximity of a golf course would be attractive to many workers, too. Madden referred to Peterson's comment about PDK, noting it was in downtown Atlanta. There were certainly homes and businesses next to the airport, but they were there before the airport grew so large. Madden said he had serious concerns about this project. During his 10 months on Council, he had heard repeatedly about the need for industrial and commercial space in the City.At this meeting, they would be looking at an annexation and were working on another. The majority of both annexations would be residential. His point was they should not give up this special industrial zoned area for additional residential development. Peterson had mentioned that an industrial site would pay $6,408 in property taxes a year, while the condominium development would pay$32,040,Madden said.However,this area was already approved for an 80,000 square-foot corporate headquarters that would pay an estimated$32,809 City Council Minutes November 15, 2018 Page 7 in City taxes, the same as for the residential development. This parcel seemed like a prime place for a corporate headquarters, but Peterson said an 80,000 square-foot building would not fit on this site. Madden quoted Scottish poet Andrew Lang who said, "He uses statistics like a drunken man uses lamp posts-for support, not illumination." Madden said the City had indicated the tax benefits would be equal with the condominium development or a corporate headquarters. The letter from the FAA, Madden remarked, was difficult to understand, so he had contacted its author, Andrew Hollie, for more information. Hollie told him the FAA only looked at what was on paper. He said the proposed development did not influence the airport as it was now. Madden said the development was clear of the current runway protection zone and posed no difficulty to the aids to navigation. However, he said, the FAA did not propose to say what might happen at the airport in the future. Madden termed the airport "a gem" and "an economic dynamo for Peachtree City."The letter was indicative of its current state,the current length of the runway,and the current equipment the airport had in regard to its navigational beacons. Peterson said the protection zone shown on his map was the future protection zone if the runway was extended. Madden stated that Peterson had provided a small portion of a sectional map showing Falcon Field and the different radio frequencies. He produced a map that he carried with him when he flew, showing Hartsfield-Jackson International Airport, the busiest airspace in the world. Falcon Field was right underneath it, making it a prime location for corporate jets. When the proposed 300-foot runway extension at Falcon Field was complete, it would be 6,000 feet long, which was the magic number to allow Gulfstreams and Lear jets to take on enough fuel to go coast to coast, which would be appealing to the film industry professionals working at Fayette studios. Madden said he showed this map to demonstrate what a key part the airport was of Peachtree City's future plans. Madden read comments from Planning Commission Chairman Frank Destadio,a 30-year Air Force veteran. Destadio was an engineer who built, managed, and maintained airports. Madden said Destadio's objection to this project was safety. He quoted Destadio as saying: "The FAA letter states that they do not pose a navigational aid problem. I concur they do not. However, they are clearly within the hazardous takeoff and landing zones." He continued with Destadio saying that after 30 years in the Air Force as a civil engineer responsible for aircraft encroachment to stop these sorts of issues, he clearly saw this as a safety issue that would only get worse as the airport expanded. Destadio said they hoped the airport would expand and saw that as a possibility with more commercial and industrial firms interested in Peachtree City. Madden asked to see the City's mission statement again, saying his colleagues did not need to be reminded of what it said. Prebor indicated that Madden had made his point and reminded him there was a lot of business to cover at the meeting. In closing, Madden said the mission statement stated the City was committed to "ensuring residents a safe and healthy environment in which to live, work, and enjoy their leisure time." This project did not meet that standard, it was not philosophically what the founders wanted, and it did not ensure the safety of the residents. Madden said would be voting against it. Prebor commented that this was not an easy decision. He agreed with King that it was a beautiful piece of property. If the FAA said it was safe, and people chose to live there, then that was their option. Another concern was the environmental impact if an industrial business went in there and harmed the lake. However, Prebor did not see a residential development being the best fit, either. A corporate headquarters would be the best option for this site. Even though he was torn, he said he could not vote for this proposal. City Council Minutes November 15, 2018 Page 8 Fleisch confirmed that she, too, agreed with staff's recommendation that this request be denied. She asked for a motion. Sears indicated he would like to protect the rights of the property owners by withdrawing the application. King moved to allow the application to be withdrawn. Ernst seconded. Motion carried unanimously. 11-18-04 Public Hearing-Consider Request to Annex and Rezone to LUC, Limited Use Commercial, 28.3 acres on SR 54 East and Sumner Road Cailloux explained that the annexation request was on the north side of the City, along SR 54 East heading toward Fayetteville. She said the request met the Georgia statute requirements for connectivity, and the annexation method used was the 100% method. The Planning Commission held a public hearing on October 8 and voted to recommend approval to City Council, with conditions. At its October 25 meeting, the Fayette County Board of Commissioners voted not to object to the annexation. The property was undeveloped and currently zoned Agricultural Residential (AR) in the County. Cailloux displayed the County's and the City's adopted Future Land Maps side-by-side for comparison. The County had designated the property for low-density residential,which called for one-acre lots. She pointed out an error on the County's map, which showed a nearby parcel designated for low-density housing, but actually was developed with office space.The proposed land use based on the annexation and rezoning request would be for a multi-use property. The master plan showed 4.2 acres of commercial fronting along SR 54. Another 3.5 acres of office would also front along SR 54. There would be 9.9 acres for 26 residential units, with 9,000 square- foot lots and access to the north-south leg of Sumner Road. Cailloux said 9.5 acres would be open space or greenspace. The applicant had provided photographs of buildings with the types of architectural standards to which they would adhere. Staff must review requests for annexation per requirements of the ordinance, and they specifically looked at this request to see if it met the goals of the Comprehensive Plan. Cailloux said it preserved environmentally sensitive lands and protected 33%of the property as open space.The proposal reflected the City's Village Concept in stepping down of land use intensities. Cailloux pointed out that the land across the highway was zoned for offices, single-family medium density along Sumner, and single-family low density in Smokerise. As far as economic development, this mixed-use project helped tip the needle away from relying on residential taxes and more toward commercial and industrial. Cailloux again pointed out that the Planning Commission recommended approval, and staff provided a list of recommendations if Council approved the annexation and rezoning. The recommendations specifically included the execution of a development agreement, the provision for tree save buffers as required in the ordinance,a minimum lot size of 9,000 square feet, a multi-use path connection as shown in the master plan, and that the commercial and office development should not have access to Sumner Road. Fleisch opened the public hearing. Applicant Scott Bradshaw said he had lived in Smokerise Plantation for 22 years and was a real estate broker and developer. He was a member of the Smokerise Plantation HOA. He listed several projects he had developed, including the last two phases of Smokerise Estates and all five phases of Smokerise Crossing. He represented the Bradshaw Family Limited Partnership (LP), which consisted of two principals, his daughter Kathryn City Council Minutes November 15, 2018 Page 9 and himself.They were seeking annexation and appropriate zoning for a mixed-use project on 28 acres fronting on SR 54 East next to Flat Creek Animal Hospital and bounded by Sumner Road. Bradshaw said they chose to seek annexation because, in order to create the kind of project he felt Smokerise should have, sewer access was needed. Sewer service was available 250 feet from the edge of this property. The Water and Sewerage Authority (WASA) could use the connection fees and the ratepayers from this property. From that point of view, it was a good fit. When completed, Bradshaw reported, the project would represent a $21 million capital investment in the City. The construction would bring temporary employment through the actual building and for suppliers of materials. There would be permanent jobs in the office and retail component. Bradshaw said he currently paid$5,479 a year in property taxes on this land. All of that went to the County; the City received nothing. When the project was completed, the property taxes were estimated to be$301,000,of which the City would receive about$54,000.The demand for services should not be anywhere close to the revenue generated. Another benefit to annexation, according to Bradshaw, would be that it would be built to Peachtree City standards,such as building code, buffer requirements,signage specifications,and infrastructure design. He said Peachtree City's requirements for pipes, curbs, gutter, erosion control, detention ponds, and so on were more strenuous than those in most places. They would provide an expansion of the cart path system to help alleviate the problems of carts on Sumner Road. He could not do anything about the path system south of his property, but would create a path connection through his property. The ingress and egress of the commercial portion would be on SR 54, with no commercial traffic along Sumner Road. The entrances to the residences would be on Sumner Road, and those residences would not generate much traffic, Bradshaw noted, warning Council they would hear differently from those opposed to this project. The impact on the nearby residential area would be minimal, Bradshaw promised, pointing out that he lived there. Bradshaw continued that more than a third of the land, 10.7 acres, would be open space, including the pocket park, buffers, and roads. This was 37% of the total acreage. Bradshaw said 4.2 acres, or 15%, would be commercial, with 3.5 acres, or 13%, as offices. About 35% was dedicated to residential. These percentages were well within the guidelines set out in the City's Comprehensive Plan and met the goals for development. Bradshaw said he reviewed staff's recommendations and found them fair and acceptable. He asked to retain the last four to six minutes of his time to respond to any questions. No one else spoke in favor of the annexation. Morgan Hallmon spoke on behalf of the board of directors of the Smokerise Plantation HOA. He said they were not objecting to Bradshaw's development of his property, but they were concerned about the traffic and safety issues it could bring to their neighborhood. A guiding principle for all Council actions should be "first, do no harm." Council should take the impact on other developments and on citizens into consideration. Hallmon went over the concerns he stated in a letter he had sent to Council earlier. It said this was not an isolated development; it should be considered as part of the annexation across SR 54, which included Publix and Stein Mart.These annexations would lead to a substantial traffic impact City Council Minutes November 15, 2018 Page 10 in their community and pose a safety hazard for children waiting for school buses and those residents trying to get mail from their mailboxes. Smokerise Trace was a winding street that was commonly used as a cut-through from SR 54 to Peachtree Parkway and then to SR 74. They were worried that their neighborhood was becoming a de facto connector between the two highways. There was a need for a connection, but they did not want it through their community. Hallmon said that a study by the Peachtree City Police Department showed that on October 16, 756 vehicles traveled along Smokerise Trace between 6:30 a.m. and 9 p.m. That was about one vehicle per minute. Hallmon challenged any subdivision to generate such numbers; they considered it excessive for a neighborhood. He noted they might be one of the few subdivisions with two entrances, one from SR 54 and the other from Peachtree Parkway. Hallmon asked Council to give considerable thought to how they would handle the traffic impact. The transportation issue should be addressed. Otherwise, Council was taking an action that would negatively affect the neighbors' ability to enjoy their neighborhood. Hallmon requested that the letter he submitted to Council be incorporated into the official record of the public hearing (the letter is included in the meeting file). He said he wanted no ambiguity about how they felt regarding the impact of this development on their community. Oobie Childs, another resident of Smokerise Plantation, said she was not opposed to the development, but was concerned about increased traffic and speed. Based on the traffic data collected on Smokerise Trace between October 15 and October 22 of this year, Childs reported, there were 172 opportunities each day for a child to be hit by a car traveling at or above 30 miles per hour (mph). The National Highway Traffic Safety Administration's 2016 data showed over 100 deaths a day from speeding vehicles; 759 children under age 14 were killed in 2016 while walking in their neighborhoods, and 269 between the ages of 15 and 19 were killed. She said 26% of all accidents happened during the times children were traveling to and from the bus stops. Each year, more than 4,000 people were killed while walking in neighborhoods. The death rate in residential areas was more than twice what it was on highways, measured per miles driven, Childs read. A pedestrian hit at 30 mph was three times more likely to die than someone hit at 25 mph. She pointed out that 30 mph was the average speed limit in all of the City's residential areas. Her concern was not exclusively for Smokerise residents, but for all City residents, a community built around families and an active lifestyle. In her opinion, Childs said it was prudent that all traffic laws support this unique community. What was specific to Smokerise Trace was the volume of vehicles traveling at what should not be an accepted speed in the neighborhood, Childs remarked. Smokerise Plantation was one of the earliest communities developed in Peachtree City and was once a dead end street. Now it was a cut-through from SR 54 to Peachtree Parkway with an average daily traffic count of 561 vehicles. Additional development would bring additional traffic, additional cut-throughs, and additional opportunities for a deadly accident. If they resigned themselves to accept that this was the price the community paid for progress without working to mitigate the increased traffic flow, they were not working together as the City was designed, and everyone was negligent, including the City. She noted that Smokerise Trace was a winding road with inclines and blind spots. If it were anywhere else, Childs commented, it would be marked as such and have a reduced speed limit. It was not a back road; it was a residential street with children, active adults, pets, and wildlife, who should be able to enjoy the neighborhood.She added that her taxes were more than double what Bradshaw had said he paid on his land. Childs asked the City to look at speed limits in all neighborhoods and consider adequate signage to alert motorists to severe swerves in the road. She continued that she had letters from other residents that she would like Council to read. Fleisch asked her to give them to City Clerk Betsy City Council Minutes November 15, 2018 Page 11 Tyler for insertion into the meeting packet. Childs asked if she could read a letter from her 12-year- old daughter. Fleisch told Childs she had exceeded the allotted 10 minutes allowed for speakers and would need a motion from Council to extend her time. Prebor moved to extend the discussion on both sides of the issue by one minute. Madden seconded. Motion carried unanimously. Childs read: "As a middle school student living in a good neighborhood, I feel I should be safe walking down to the bus every morning. Instead, I feel that at any moment I could be hit by a car flying over the hill. I see people on their phones while driving in our neighborhood, which was not only a safety hazard, but a violation of the law. There is a lack of signs in our neighborhood to show what they should be aware of. I'm not saying there should be a whole bunch of signs everywhere; all I'm saying is that people should be aware of their surroundings. Sometimes I see teens trying to race each other in their cars, which is unruly and unacceptable. Overall, I feel there is a need in our community to address the issue and change Smokerise for the better."That was from Olivia Cleveland, Childs said. The Mayor asked if anyone else wished to speak in favor of the annexation. Bradshaw noted that he had reserved several minutes of his time to answer questions and concerns. These people were his neighbors and friends, he remarked. The main concerns were not with the development, but with traffic and safety. These were not zoning and annexation issues; they were Police and traffic safety issues. He said he would work with the neighbors, and he also wanted speeding and reckless driving stopped. Bradshaw said he would go as far as asking that the speed limit be lowered on Smokerise Trace. As far as volume, his figures showed 1,081 cars a day on Sumner Road and Smokerise Trace. He said any residential street that was a connector, like Blue Smoke or Cameron Trail,would pick up some additional traffic, but 95%of the traffic on Smokerise Trace was from the residents in the Smokerise communities. A large part of the reckless driving was done by their own residents. Bradshaw pledged to work with the community to address safety and traffic concerns. Fleisch closed the public hearing. She asked Bradshaw about the width of the buffer along Sumner, clarifying that she meant along the Sumner Road portion where Kauffman Tire used to be. Bradshaw said he believed it was 50 feet, but Peterson, the planner, said it was 25 feet. Fleisch asked if it backed up to the area where there were six lots. Bradshaw pointed out it would be tree-lined. There was a 50-foot right-of-way for the road, and he owned additional property on the other side. There was significant amount of space between the houses on Hidden Springs and the actual backyards of these residences. Fleisch said she wanted everyone to understand how wide all these areas were. She confirmed with Peterson that the other Sumner Road buffer was the same width. Fleisch asked about the open space between the offices and the residential area. Peterson said it was 50 feet. It was 50 feet across the south end, where land would be deeded to the City for a possible pedestrian bridge. Bradshaw said he wanted the residents on Hidden Springs to recall that he submitted a plan for developing this land three years ago, but withdrew it after the Planning Commission hearing because there was a good deal of opposition. He said they had significantly improved their plan. One of the criticisms had been about the proposed gas pumps. QuikTrip had agreed to build on SR 54,which he thought was a good idea, but many neighbors did not. Bradshaw consulted with City Staff to prohibit gas pumps and automobile repair shops in the conditions for this rezoning. There was also concern in the earlier plan about office buildings close to the existing homes, so City Council Minutes November 15, 2018 Page 12 they had relocated them. Everything on the current plan was contiguous to something existing that was a similar use.The houses in this development would be $450,000 and up, he noted. Fleisch asked about 205 Sumner Road and what kind of buffer would be there. City Manager Jon Rorie said that was the Jackson property. Bradshaw said he did not know the people who lived there. He pointed on the map to the house and the planned buffer. Bradshaw said there was no buffer other than the undisturbed buffer at the back of every lot. Fleisch asked Cailloux about this, and Cailloux said the undisturbed buffer could be required as a condition for zoning. Prebor said he had met with some residents who thought it would be better to move the residential neighborhood entrance closer to SR 54. Bradshaw said the 2015 plan had the entrance to the residential close to where it was now, but he had moved it at the request of some residents of Hidden Springs, to the area where Prebor indicated, across from Sedgewick. After talking with people in public safety and with engineering, it was determined that the closer they could get residents to the traffic signal on SR 54, the better off they were. It was safer to go to SR 54 at Publix for a signalized turn than going toward to the EMC office, with no signal, for an awkward left or right turn. Peterson added that Fire and Police wanted to come off of City streets to get into a City subdivision, not have to leave the City limits on a County street to get back into a subdivision in the City. King remarked on the traffic counts, saying one vehicle a minute seemed practically rural to him. He liked the fact that a local developer was involved in this project,and that he was coming back three years after presenting his initial design with a better plan. This land would be developed eventually. It would not sit as pristine hardwoods forever. Private property owners had the right to develop their land,and this project fit the City's standards much better than it did three years ago. He said he could not say no. Ernst agreed. It would eventually be developed, and they could work together and control the development. He said his only reservation was where the traffic came out on Sumner Road, but now that he had heard the explanation about the traffic light, he completely agreed. He said he liked the plan, and Bradshaw and Peterson had done a good job. Madden felt that lowering the speed limit and getting some signs could be necessary. He said he often rode through these neighborhoods on his two-wheeler, but it was not an efficient way to cut through from SR 54 to Peachtree Parkway. Walt Banks Road was better for that. King moved to approve the request to annex and rezone to LUC the 28.1 acres on SR 54 East and Sumner Road. Ernst seconded. Motion carried unanimously. Council/Staff Topics Rorie said they needed to discuss annexing islands off North MacDuff Parkway. Cailloux explained that one of the year's goals had been to even up the City's borders.These unincorporated islands were parcels in Fayette County surrounded by one municipality or sandwiched between two municipalities.She presented a map that showed several areas.Some were mostly surrounded by Tyrone, while two were surrounded predominantly by Peachtree City. Cailloux said state law required that at least 50% of the land be surrounded by the annexing area. These two tracts qualified for annexation into Peachtree City, which would be a very different process than for other annexations.The County had no way to access this land other than by going into Peachtree City.The General Assembly had made this a different annexation process. City Council Minutes November 15, 2018 Page 13 Fleisch asked the total acreage. Cailloux said the state required looking at the land in its totality, regardless of how many parcels there were. The larger tract was 66 acres, and the smaller was about 25%of that, she reported. Rorie said he had met with Tyrone officials last week. They had been working on these types of issues since 2014. He wanted to make sure Council knew about these conversations, and said some type of annexation proposal would be on the December 6 agenda. Cailloux pointed out it would first have to go before the Planning Commission if they sought a zoning other than agricultural.That would push the annexation request to the December 20 meeting. Fleisch asked if they could just accept it as it was currently zoned, but City Attorney Ted Meeker said it would have to undergo a City public hearing and rezoning process because right now it was zoned under Fayette County's zoning. That would be true even if it remained under the same zoning classification. Rorie said cleaning up the borders was important for public safety issues and service delivery. If a brush fire broke out in one of these islands, the closest Fayette County unit would come from the Jenkins Road Station,three or four miles away,while a Peachtree City unit would be at Crabapple, which was very close. Rorie said it was no more complicated than that. It was an island, and the state's provisions made it easy to clean it up. King asked if there would be a property owner issue, and Cailloux said property owners would be notified by mail, but they had no right to object. King said their taxes would go up. Cailloux said the property was not developed and contained a lot of stream and flood plain. King moved to convene in executive session to discuss personnel and the acquisition or sale of real estate at 8:21 p.m. Ernst seconded. Motion carried unanimously. Ernst moved to reconvene in regular session at 8:58 p.m. King seconded. Motion carried unanimously. There being no further business to discuss, King moved to adjourn the meeting. Ernst seconded. Motion carried unanimously. The meeting adjourned at 8:59 p.m. i ' ! v`� �..,� Martha :• •• e, Recording Secretary anessa Fleisch, Mayor