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12-15-2008 December 15, 2008 December 15.2008 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, Assistant City Administrator Eric Taylor, City Clerk Susan Hiott, City Attorney Scott Cochran, Public Works Director Scott Stokes, Library Director Michael Seigler, Keep Smyrna Beautiful Director Ann Kirk, Assistant Keep Smyrna Beautiful Director Virginia Davis, Community Development Director Ken Suddreth, Planners Rusty Martin and Scott Smith, Intern Monica Jones, Police Chief Stan Hook, Community Relations Director Jennifer Bennett, Parks and Recreation Director Steve Ciaccio, Fire Chief Jason Lanyon, Finance Director David Boyd, Human Resources Director Chris Corey and representatives of the press. Invocation was given by Mr. Wright, followed by the pledge to the flag led by Boy Scouts from Troop 11. AGENDA CHANGES: Mayor Bacon stated Rezoning Request Z08-006 will be tabled to the January 20, 2009 meeting. MAYOR'S REPORT: (A) Faculty and students from Brown Elementary School- character education program - Mayor Bacon recognized faculty members and students from Brown Elementary School, and the students presented this month's character education program. (B) Proclamation in Recognition of IBM Volunteers Mayor Bacon recognized Ms. Kirk and IBM employees, and Ms. Kirk provided details to those present concerning the hard work the IBM volunteers have done on various community improvement projects. Council Member Wood read a Proclamation in Recognition of IBM Volunteers, and commended the IBM Company and the volunteers for their interest in the community. (C) Recognition of Award for Keep Smyrna Beautiful Ms. Kirk thanked Virginia Davis for coordinating a volunteer effort. Ms. Kirk introduced several of the Keep Smyrna Beautiful (KSB) board members to those present. Ms. Kirk stated KSB received the first place national award from Keep America Beautiful for the City's population category, and thanked the City's leadership, staff and volunteers for the efforts which made this award possible. LAND ISSUES/ZONINGS/ ANNEXA nONS: (A) Public Hearing- Rezoning Request Z08-006 - GC and R-15 to MU - southwest corner of Windy Hill and Atlanta Road - Land Lots 447, 489, 490,519 and 520 - 47.49877 acre tract - City of Smyrna - December 15, 2008 2 Mayor Bacon asked if there is anyone present for this matter, and there was no response. MOTION: Council Member Anulewicz made a motion to table Rezoning Request Z08-006 from GC and R-15 to MU to southwest corner of Windy Hill and Atlanta Road for Land Lots 447,489, 490, 519 and 520 - 47.49877 acre tract for the City of Smyrna to the January 20, 2009 meeting. The motion was seconded by Council Member McNabb. Motion to table was approved 6 - O. (Clerk's note: Council Member Newcomb was not present at the time of this vote) .... (B) Public Hearing- Text Amendment to Section 502.17 of the Subdivision Ordinance as it relates to the definition of a subdivision - City of Smyrna Mr. Wright stated this change is needed to allow rezoning in a subdivision in conjunction with subdividing a property. Mr. Wright stated staff recommends approval of the revision. Mr. Suddreth provided additional information to those present concerning the text amendment. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Anulewicz made a motion to approve Text Amendment to Section 502.17 of the Subdivision Ordinance as it relates to the definition of a subdivision. The motion was seconded by Council Member McNabb. Motion was approved 6 - O. (Clerk's note: Council Member Newcomb was not present at the time of this vote) (C) Public Hearing- Rezoning Request Z08-008 - GC to 01 - 2144 South Cobb Drive - 1.66 acre tract - Land Lot 301 - Imagine Schools, Inc. Mr. Wright stated the applicant proposes to renovate the vacant two-story Rich's building for use as a school. Mr. Wright stated staff and the Planning and Zoning Board (PZB) recommend approval ofthe request subject to a number of conditions. - Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Mr. Suddreth provided additional information to those present concerning the rezoning request. Mayor Bacon recognized Mr. Garvis Sams, an attorney representing the applicant and property owner, and Mr. Sams stated the subject property has been vacant and unused for over five years. Mr. Sams stated the zoning as proposed will be a less intense use, and provided details to those present concerning Imagine Schools, Inc. Mr. Sams stated that no opposition to this proposal has been encountered, and that the conditions of rezoning are acceptable to the applicant. Mr. Sams stated there will be adequate parking for the school facility. Council Member McNabb asked Mr. Sams if the applicant is agreeable to installation of a firewall in the building, and Mr. Sams answered in the affirmative. Council Member McNabb asked Mr. Sams if the property owner is agreeable to limitations on retail uses which could come about as a result of a school being in the subject area, e.g., restrictions on sale of alcoholic beverages, and Mr. Sams stated he has not discussed the matter with the property owners. MOTION: Council Member Smith made a motion to approve Rezoning Request Z08-008 from GC to 01 at 2144 South Cobb Drive for a 1.66 acre tract in Land Lot 301 for Imagine Schools, Inc. subject to all conditions as formulated by staff. (Clerk's note: a copy of applicable stipulations, including a letter from Garvis Sams, is appended hereto as attachment "A") The - December 15, 2008 3 motion was seconded by Council Member McNabb. Council Member Lnenicka thanked Imagine Schools for selecting Smyrna as the location for this school. Motion was approved 6 - O. (Clerk's note: Council Member Newcomb was not present at the time of this vote) - (D) Annexation request - 1 acre tract - Land Lot 329, 17th District, 2nd Section, Cobb County - Cooper Lake Road west ofCivitania Road - John W. Hammond and Michael G. Greene Mr. Wright stated staff has reviewed the legal description submitted for the subject tract and found it to be in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. MOTION: Council Member Wood made a motion to approve the annexation request for a 1 acre tract in Land Lot 329, 17th District, 2nd Section, Cobb County at Cooper Lake Road west of Civitania Road for John W. Hammond and Michael G. Greene to become a part of Ward 7 of the City with an effective date of January 1,2009. The motion was seconded by Council Member Smith. Motion was approved 6 - O. (Clerk's note: Council Member Newcomb was not present at the time of this vote) (E) Annexation request - .26 acre tract - Land Lot 632, Parcel 25, 1 ih District, 2nd Section, Cobb County - 1651 Donna Lynn Drive - John and Allison Ellis Wright Mr. Wright stated staff has reviewed the legal description submitted for the subject tract and found it to be in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. ... MOTION: Council Member Anulewicz made a motion to approve annexation request for a.26 acre tract in Land Lot 632, Parcel 25, 1 ih District, 2nd Section, Cobb County at 1651 Donna Lynn Drive for John and Allison Ellis Wright to become a part of Ward 3 of the City with an effective date of January 1,2009. The motion was seconded by Council Member Pritchett. Motion was approved 6 - O. (Clerk's note: Council Member Newcomb was not present at the time of this vote) (F) Public Hearing- Rezoning Request Z08-010 - R-20 (Cobb County) to MU-Conditional - 4840 Hanson Drive - 8.03 acre tract - Land Lot 620 and 677 - Jason A. Lewis Mr. Wright stated the requested rezoning is for a mixed use development comprising two structures with senior living dwellings and retail and office space. Mr. Wright stated staff and the Planning and Zoning Board (PZB) recommend approval of the request subject to a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Mr. Suddreth provided additional information to those present concerning the rezoning request. ... Council Member Wood recognized Mr. Bob Butler, and Mr. Butler expressed the view that the development as proposed is needed by the senior community. Mr. Butler stated the applicant will accept condition #24 as presented regarding restriction on the number of units which may be rented, but would prefer to see this condition changed. Mr. Butler stated a large portion of the December 15, 2008 4 subject property will remain as greenspace. Council Member McNabb asked how many underground parking spaces are planned for the development, and Mr. Butler stated the number of planned parking spaces will meet requirements. Council Member McNabb asked ifthe architectural renderings submitted are actual illustrations, and Mr. Butler stated they are representative drawings provided by the architect. Council Member McNabb asked if the proposed mixed use building will comprise three stories or four stories, and Mr. Butler stated it will be a four story building, including the parking. At Council Member Newcomb's request, Mr. Butler provided details to those present concerning features the dwellings will have to make them suitable for senior residents and resident eligibility requirements. At Council Member Newcomb's request, Mr. Suddreth provided details to those present concerning resident eligibility requirements. .... Mayor Bacon recognized Mr. Jason Modlinski (phonetic), and Mr. Modlinski expressed concerns about not being contacted about the sewer plans for the proposed project. Mr. Modlinski stated a 10' landscape buffer would be required for the development, but the builder plans to have only 5' of buffer space. Mr. Modlinski expressed concerns about fill and blasting plans for the proposed project and possible siltation in a water structure on the nearby apartment property. Mr. Modlinski stated construction noise and activity could adversely affect leasing efforts at the apartment complex. Mr. Modlinski stated the apartment complex would not support a plan to access their sewer system. Mayor Bacon recognized Ms. Mary Rose Barnes, and Ms. Barnes expressed concerns about various topographical features on the subject property. Ms. Barnes expressed concerns about the project being built near a garbage transfer station and heavy industrial zoned property. Ms. Barnes expressed concerns about blasting which may occur at the subject location. Ms. Barnes expressed concerns about the sewer plans for the proposed project. Ms. Barnes expressed concerns about the plan's lack of monument signs. Ms. Barnes expressed concerns about a creek bank near the subject property. Ms. Barnes expressed concerns about potential lack of use for the planned commercial component. Ms. Barnes expressed concerns about potential impact on a water structure on the nearby apartment property. Ms. Barnes asked the council to deny the rezoning request. - Mayor Bacon recognized Ms. Sandra Hembree (phonetic), and Ms. Hembree expressed concerns about financing for the proposed project. Ms. Hembree expressed concerns about control of the property by an HOA. Ms. Hembree expressed concerns about teenagers living in a senior living facility. Ms. Hembree expressed concerns about blasting at the subject location in connection with underground parking. Ms. Hembree stated she would like to see a community room at the proposed facility. Ms. Hembree stated she would like to see at least one hot meal made available to residents of the facility on a daily basis. Ms. Hembree stated she would like to see extra sound insulation between the units. (G) Approval of annexation request - 8.03 acre tract - Land Lot 690, Parcell, 7 and 8, Land Lot 691, Parcel 11, 17th District, 2nd Section, Cobb County - 4840 Hanson Drive - James and Gary Wright Mr. Wright stated staff has reviewed the legal description submitted for the subject tract and found it to be in order. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. - December 15, 2008 5 - MOTION: Council Member Wood made a motion to approve annexation request for an 8.03 acre tract in Land Lot 690, Parcels 1, 7 and 8, Land Lot 691, Parcel 11, 17th District, 2nd Section, Cobb County at 4840 Hanson Drive for James and Gary Wright to become a part of Ward 7 of the City with an effective date of January 1,2009. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (H) Final vote - Rezoning Request Z08-010 - R-20 (Cobb County) to MU-Conditional- 4840 Hanson Drive - 8.03 acre tract - Land Lot 620 and 677 - Jason A. Lewis At Council Member Wood's address, Mr. Suddreth provided additional information to those present regarding concerns expressed in connection with this rezoning request. Council Member McNabb asked if any floor plan details have been submitted for review, and Mr. Suddreth said no. At Council Member Newcomb's request, Mr. Suddreth reviewed the special conditions ofthe rezoning. Council Member Wood asked Mr. Lewis if condition #24 regarding limiting the number of units which can be rented is acceptable, and Mr. Lewis stated he will accept the condition. MOTION: Council Member Wood made a motion to approve Rezoning Request Z08-010 from R-20 (Cobb County) to MU-Conditional at 4840 Hanson Drive for a 8.03 acre tract in Land Lot 620 and 677 for Jason A. Lewis subject to conditions as formulated by staff. (Clerk's note: a copy of applicable stipulations is appended hereto as attachment "B") Council Member McNabb expressed concerns about some details of senior living which he believes have not been addressed. Council Member McNabb expressed the view that the concept as presented is speculative in nature and should be tabled or denied. The motion was seconded by Council Member Smith. Motion was approved 5 - 2, with Council Members Anulewicz and McNabb in opposition. - (I) Public Hearing- Rezoning Request Z08-007 - RAD-Conditional to LC-Conditional - 661 Church Road - 4.407 acre tract - Land Lot 379 - Primrose School Franchising Company Mr. Wright stated the applicant proposes to build a day care facility at the subject location. Mr. Wright stated PZB has recommended denial of the request, and staff recommends approval with a number of conditions. Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Council Member Smith stated he has a potential conflict of interests in this matter, and will abstain from voting. Mr. Suddreth provided additional information to those present concerning the rezoning request. ... Mayor Bacon recognized Mr. Kevin Moore, an attorney representing the applicant, and Mr. Moore provided details to those present concerning the various zonings and uses surrounding the subject property. Mr. Moore provided information to those present concerning the Primrose School organization and the high standards to which their facilities are designed and operated. Mr. Moore stated the applicant is agreeable to the stipulations of rezoning formulated by staff. Mr. Moore stated a traffic study has been conducted in the subject area which indicates that no adverse impact on traffic is anticipated in connection with the proposed facility. At Council Member Lnenicka's request, Mr. Moore provided details to those present concerning what may be defined as environmentally friendly parking areas. December 15, 2008 6 Mayor Bacon recognized Mr. Erik Forseth, residing at 714 Surrey Park Place, and Mr. Forseth expressed concerns about a day care facility with a playground being built in an area he considers to be residential in nature. Mr. Forseth stated he believes traffic is already difficult to negotiate in the subject area. -- Mayor Bacon recognized Mr. Malcolm Price, residing at 698 Surrey Park Place, and Mr. Price expressed concerns about a day care facility with a playground being built in a quiet residential area. Mr. Price stated traffic is already heavy in the subject area, and expressed concern about additional traffic being introduced. Mayor Bacon recognized Mr. Jerry Collette, residing at 730 Surrey Park Place, and Mr. Collette expressed concerns about potential noise from a daycare facility in the subject area. Mr. Collette expressed concerns about additional traffic being introduced into the subject area. Mayor Bacon recognized Ms. Michelle Kim, residing at 726 Surrey Park Place, and Ms. Kim expressed concerns about additional traffic associated with a day care center being introduced into the subject area. Ms. Kim stated she does not believe a day care facility in the subject area will be beneficial and that she would like to see the residential nature of the neighborhood maintained. Council Member McNabb requested that Mr. Moore and his client consider some measures to ameliorate traffic problems in the subject area which could be made worse by the proposed construction. At Council Member McNabb's request, Mr. Moore provided details to those present concerning traffic in the subject area and Mr. McCabe provided details concerning buffering measures planned for the proposed day care facility. Council Member McNabb stated an additional stipulation of rezoning requiring the use of off-duty police personnel to help abate traffic problems during peak hours will be added. Council Member McNabb asked the developer to make efforts to ensure that adequate buffering measures are in place at the proposed facility. - MOTION: Council Member McNabb made a motion to approve Rezoning Request Z08-007 from RAD-Conditional to LC-Conditional at 661 Church Road for a 4.407 acre tract in Land Lot 379 for Primrose School Franchising Company subject to all stipulations formulated by staff and agreed to by the applicant. (Clerk's note: a copy of applicable stipulations is appended hereto as attachment "C") The motion was seconded by Council Member Pritchett. Council Member Newcomb expressed the view that a daycare facility may be perceived as a welcome amenity by many people in the affected area. Council Member Newcomb commented favorably about Primrose School Franchising Company. Council Member Anulewicz stated there is a shortage of quality preschools in the City and that many people will be glad to have another option. Motion was approved 6 - 0, with Council Member Smith abstaining. PRIVILEGE LICENSE: (A) Public Hearing - privilege license request - retail pouring of beer - EI Trebol Billiards, Inc. - 350 Pat Mell Road - Benjamin Gutierrez, agent applicant Mr. Wright stated inquiry be staff disclosed no information which would preclude issuance of the requested license, and that the applicant has completed the requisite responsible alcoholic beverage sales and service class. Council Member Smith recognized Mr. Gutierrez, and at Council Member Smith's request, Mr. Gutierrez' translator provided details to those present concerning steps which will be taken at - December 15, 2008 7 the establishment to ensure that alcoholic beverages are sold only in a lawful manner there. - MOTION: Council Member Smith made a motion to approve privilege license request for retail pouring of beer for El Trebol Billiards, Inc. at 350 Pat Mell Road for Benjamin Gutierrez as agent. The motion was seconded by Council Member Wood. Motion was approved 7 - O. FORMAL BUSINESS: (A) Approval of Ordinance 2008-18 - Bail Bondsmen Mr. Wright stated this an update of the bail bonding ordinance to provide needed changes. Mr. Wright stated staff recommends approval of the revision. Council Member Pritchett provided details to those present concerning the proposed revision. MOTION: Council Member Pritchett made a motion to approve Ordinance 2008-18 to amend the Bail Bondsmen ordinance. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (B) Approval of Ordinance 2008-21 - Telegraph and Telephone Franchises Mr. Wright stated recent legislation has made certain revisions to telegraph and telephone franchise regulations necessary. Mr. Wright stated staff recommends approval of the revision. - MOTION: Council Member Wood made a motion to approve Ordinance No. 2008-21, adopting a new Article V, Telegraph and Telephone Companies to Appendix C, Franchises to City of Smyrna Code of Ordinances, effective December 15,2008, establishing three (3) percent as the level of compensation to be paid to City of Smyrna by all telephone companies that construct, maintain and operate lines and facilities in and along City of Smyrna streets. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (C) Reappointment of Mayor's Representative to the Tree Board MOTION: Council Member Lnenicka made a motion to reappoint Carl Valenzano to another four-year term on the Tree Board with an effective date of August 1, 2008 to expire on August 1, 2012. The motion was seconded by Council Member Wood. Motion was approved 7 - O. (D) Reappointment of Ward 1 representative to the Planning and Zoning Board MOTION: Council Member Pritchett made a motion to reappoint Greg Bergman to another two- year term on the Planning and Zoning Board with an effective date of January 1, 2009 to expire on December 31, 2010. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. (E) Reappointment of Ward 7 Representative to Planning & Zoning Board .... MOTION: Council Member Wood made a motion to reappoint Earl Rice to another two-year term on the Planning and Zoning Board with an effective date of January 1,2009 to expire on December 31, 2010. The motion was seconded by Council Member Smith. Motion was approved 7 - O. December 15, 2008 8 (F) Appointment of Ward 5 Representative to the Tree Board MOTION: Council Member Smith made a motion to appoint Robin DiBattista to a four-year term on the Tree Board with an effective date of August 1,2008 to expire on August 1,2012. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. - (G) Appoint Ward 7 Representative to Tree Board MOTION: Council Member Wood made a motion to appoint Jan Campbell to a four-year term on the Tree Board with an effective date of August 1,2008 to expire on August 1,2012. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (H) Appointment of Ward 6 representative to Keep Smyrna Beautiful MOTION: Council Member Lnenicka made a motion to reappoint Nell Robinson to another two-year term on the Keep Smyrna Beautiful Commission with an effective date of January 1, 2009 and ending December 31, 2010. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (I) Appointment of Ward 7 representative to Keep Smyrna Beautiful MOTION: Council Member Wood made a motion to reappoint Wayne Waldrip to another two-year term on the Keep Smyrna Beautiful Commission with an effective date of January 1, 2009 and ending December 31, 2010. The motion was seconded by Council Member Smith. Motion was approved 7 - O. COMMERCIAL BUILDING PERMITS: - There were none. CONSENT AGENDA: Mayor Bacon recognized Dr. William Stafano, residing at 1606 Walker Street, and Dr. Stafano expressed opposition to removal of No Parking signs along Walker Street between Matthews Street and Wright Street. Mayor Bacon recognized Mr. Colin Gallagher, residing at 1615 Walker Street, and Mr. Gallagher expressed support for removal of No Parking signs along Walker Street between Matthews Street and Wright Street. Mayor Bacon recognized Mr. Nick Smythe, residing at 1613 Walker Street, and Mr. Smythe stated he would like to see a consistent application of the law regarding no parking areas. Council Member Anulewicz stated she has consulted with the city engineer regarding this matter and that he is of the opinion that there is no reason to disallow parking in the subject area. Mrs. Stafano provided details to those present concerning obstruction of the street in the subject area she observed when emergency vehicles responded there. * MOTION: Council Member Lnenicka made a motion to suspend the rules for the purpose of tabling an item on the consent agenda. The motion was seconded by Council Member - December 15, 2008 9 Anulewicz. Motion to suspend the rules was approved 7 - O. .. *MOTION: Council Member Anulewicz made a motion to remove item F (Approval of request to remove No Parking signs along Walker Street between Matthews Street and Wright Street) from the consent agenda. The motion was seconded by Council Member McNabb. Motion was approved 7 - O. (A) Approval of the December 1, 2008 minutes (B) Approval of Resolution 2008-11 acknowledging transfer of control of certain telecommunications franchise agreement from American Fiber Systems of Georgia, Inc. to American Fiber Systems, Inc. (C) Approval of Amended Bond Schedule for the Municipal Court effective January 1,2009 (D) Approve agreement with Croy Engineering to manage renovation program at 2525 Ward Street and authorize Mayor to sign and execute related contract documents (E) Approval of request to remove No Parking signs along Lee Street between Concord Road and Stonegate Lane *(F) Approval of request to remove No Parking signs along Walker Street between Matthews Street and Wright Street (Clerk's note: item removed - no action) (G) Approval of bid award RFP 9-018 -light bars and associated equipment for police cars to C Comm 911 Emergency Outfitters for $41,839 and authorize Mayor to sign and execute all related documents ... MOTION: Council Member Wood made a motion to approve the consent agenda. Motion was approved 7 - O. COMMITTEE REPORTS: Council Member Pritchett recognized Ms. Hiott, who had no report. Council Member Pritchett wished everyone a safe and enjoyable holiday. Council Member Newcomb recognized Mr. Suddreth, who provided details to those present concerning recent building statistics. Council Member Anulewicz wished everyone a Merry Christmas and a happy New Year. Council Member McNabb recognized Ms. Kirk, and Ms. Kirk provided details to those present concerning the holiday schedule for the Recycling Center and Christmas tree recycling. Council Member McNabb recognized Mr. Stokes, who provided details to those present concerning Public Works Department projects and the holiday schedule for sanitation service. Council Member McNabb wished everyone a happy holiday. Council Member Smith recognized Mr. Seigler, and Mr. Seigler provided details to those present concerning the holiday schedule and current and upcoming programs and events for the City Library. - December 15, 2008 10 Council Member Smith recognized Ms. Bennett, and Ms. Bennett provided details to those present concerning website information for Christmas programs and upcoming events. Council Member Smith recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those present concerning Parks and Recreation Department activities and projects and the holiday schedule. - Council Member Smith wished everyone a Merry Christmas and a happy New Year. Council Member Lnenicka recognized Chief Hook, who had no report. Council Member Lnenicka recognized Chief Lanyon, who provided details to those present regarding the Shop with a Hero program. Council Member Lnenicka read a letter of commendation Chief Lanyon received in connection with assistance provided by the City fire department. Council Member Lnenicka thanked everyone who assisted with the American Red Cross blood drive held at the Community Center today. Council Member Lnenicka stated Pat Terry has released a new music CD and will be autographing copies of this CD at the Taylor-Brawner House on Sunday. Council Member Lnenicka wished everyone a happy holiday. Council Member Wood recognized Mr. Boyd, who provided details to those present concerning property tax collections and business licenses. Council Member Wood wished everyone a happy holiday and a happy New Year. - Council Member Anulewicz recognized Mr. Corey, and Mr. Corey provided details to those present concerning the City's wellness program. Mr. Corey provided details to those present concerning the City's holiday weight maintenance program, an upcoming fitness program and other wellness program activities. Mr. Wright provided details about the City Hall holiday schedule and the revised business hours to take effect on January 2 to those present. Mr. Wright commended the City's KSB associates and Ms. Kirk for their excellent work. Mayor Bacon wished everyone a Merry Christmas. CITIZENS INPUT: Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry stated he has not yet received a response from the City in connection with a complaint he has filed. Mr. Backry expressed concerns about what he considers to be apathy on the part of some City staff members. Mr. Backry stated he is seeking some closure to this matter. Mr. Backry stated he believes some citizens are called names and spoken to in an inappropriate manner when they address the City's officials. Mr. Backry stated he believes this sets a poor example for young people who may observe such exchanges, and asked everyone to keep certain opinions to themselves. - December 15. 2008 11 Mayor Bacon recognized Chief Hook, and Chief Hook provided information to those present in response to Mr. Backry's comments. Chief Hook stated that complaints determined to have some basis in fact are investigated, but those found to be trivial may not be pursued. Chief Hook stated Mr. Backry's complaint, involving a vehicle which was allegedly parked illegally in Mr. Backry's neighborhood, is considered to be of minor consequence, and that Mr. Backry makes large numbers of calls to the City police station. Chief Hook expressed the view that Mr. Backry's complaint is not valid. Council Member Lnenicka stated he supports Chief Hook's handling of this matter, and that the vehicle in question was not a hazard requiring prompt action. - ADJOURNMENT: A. MAX BACON, MAYOR .. ~ ~~w~ CHARLES PETE WOOD, WARD 7 .. ~/11J f). ~ SUS N D. HIOTT, CITY CLERK ~ r\, _ '" { J,1J AJ CA..<-' V \__/ RON NEWCOMB, WARD 2 WADE S. LNENICKA, WARD 6 December 15. 2008 12 Attachment "A" Rezoning Request l08-008 - GC to 01 - 2144 South Cobb Drive - 1.66 acre tract - Land Lot 301 - Imagine Schools, Inc - 1. All utilities within the development shall be underground. 2. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the subdivision and outside the subdivision adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. 3. No debris may be buried on any lot or common area. 4. The composition of the building shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The elevations that face a roadway shall not be permitted to utilize hardy plank. 5. All State and County regulations for schools are complied with. - 6. The developer will comply with the City's current Sign Ordinance. 7. The applicant shall be bound to the elevations submitted and dated 8/25/08. Approval of any change to the elevations must be obtained from the Director of Community Development. (Attachment continues with letter from Garvis Sams dated November 5, 2008) - December 15, 2008 Attachment "A" continued four pages - SAMS. LARKIN & HUFF A UMITED LIABILITY PARTN1UlSHIP GARVIS L. 8AM8, JR. JOEL L. LARKIN PARKS F. HUFF JANES A. BALLI SUITE 100 376 POWDER SPRINGS STREET MARIETTA, GEORGIA 30064-3446 770.422.7016 TELEPHONE 770.426.6583 FACSIMILE MELISSA P. HAISTEN JUSTIN H. MEEKS SAMSLARKINHUFF.COK November 5, 200S VIA E-MAIL and HAND DELIVERY Mr. Ken Suddreth Community Development Director City of Smyrna 31SpAtlanta Road Smyrna, GA 30080 - Re: Application oflmagine Schools, Inc. to Rezone a 2.78 Acre Tract from GC to 0&1 (No. Z08-008) Dear Ken: As you know, r represent the applicant and property owner concerning the above- captioned application for rezoning. The application is scheduled to be heard and considered by the Planning & Zoning Board on November 10, 2008 and, thereafter, is scheduled to be heard and considered for final action by the Mayor and City Council on December 15, 2008. The applicant, Imagine Schools, Inc, ("Imagine Schools"), is requesting a rezoning which will allow utilization of the former Rich's Department Store building as a Charter School. The Rich's building has lain idle and unoccupied for an extended length oftime and consists of one and two-story structures totaling approximately 170,000 square feet of proposed administrative, classroom and office space with attendant parking facilities. Imagine Schools plans extensive interior renovations and retro-fitting and also upgrading the architectural style and composition of the building. While this application has been pending, we have had an opportlmity to interface with the City's professional staff. Also, we have discussed the proposal with area business owners and other members of the community. To that end and to reflect the issues which we have addressed, this letter will reflect Imagine Schools' expression of agreement with the following stipulations ... - SAMS, LARKIN & HUFF A L1KITRD LlABIUTY PARTNERSHIP VIA E-MAIL and HAND DELIVERY Mr. Ken Suddreth Community Development Director City of Smyrna Page 2 November 5, 2008 which shall become conditions and a part of the grant of the requested rezoning and binding upon the subject property thereafter. The referenced stipulations are as follows, to-wit: I. The stipulations and conditions set forth herein shall replace and supercede in full any and all prior stipulations and conditions in whatsoever form which are currently in place concerning the property which constitutes the subject matter ofthe above~captioned application for rezoning. - 2.. Rezoning of the subject property shall be from General Commercial (GC) to Office & Institutional (0&1) in substantial conformity to that certain boundary survey prepared by CDE Engineering, Inc. and that certain "As-Built" site plan prepared by Armstrong Land Surveying, Inc., both of which were filed contemporaneously with the application for rezoning on October 9,2008.1 3. The total site area of the subject property (2.78 acres) shall be developed as a Charter School and for other office uses allowable under the 0&1 classification and shaH be contained within the building, consisting of one and two-story structures, totaling approximately 170,000 square feet in size.2 4. The architectural style, composition and treatment of the building shall be in substantial conformity with the architectural rendering/elevation submitted with the application for rezoning on October 9,2008 and which is being resubmitted herewith. 5. Subject to that certain Reciprocal Easement and Operating Agreement which provides for utilization of the existing parking lot and parking spaces allocated to the school (4.5 spaces per 1,000 square feet). lPursuant to Sec. 1501 of the Smyrna Code of Ordinances, the Smyrna Plaming & Zoning Board (with the approval of Mayor and Council) or the Smyrna City Council may initiate an amendment which would allow for school and office utilization within the GC district. 2 The proposed rezoning meets the overall intent and policy ofthl City's Future Land Use Map which reflects that the property is situated within the confines of a Mixed Use designation. ... SAMS. LARKIN & HUFF _ A LIKITKD LIABILITY PARTNERSHIP VIA E-MAIL and HAND DELIVERY Mr. Ken Suddreth CommlUlity Development Director City of Smyrna Page 3 November 5, 2008 6. Utilization of existing on site detention and water quality areas and compliance with the City of Smyrna Engineering and Public Works Department with respect to stormwater management issues. 7. Minor modification to the site plan, architectural elevations/renderings and these stipulations/conditions may be appmved by the Community Development Director or the Director's designee. - 8.' If, for any reason, the closing on the subject property does not take place within six (6) months from the date of a successful rezoning or if the property is no longer used for school purposes then, and upon such an event occurring, the zoning classification of the subject property shall revert to the original classification ofGC without further action being necessary on the part of City of Smyrna or the owner of the subject property. Please do not hesitate to call should or your staff require any additional information or documentation prior to this application's appearance before the Planning & Zoning Board this month and the Mayor and City Council next month. With regards, I am Very truly yours, SAMS, LARKlN & HUFF, LLP C~~~ ...- ---. Garvis L. Sams, Jr. gsams@samslarkinhuff.com GLSjr/jbmc Enclosure cc: Shown on next page. - SAMS, LARKIN & HUFF _ A LIMITED LIABILITY ".to.RTNERSHIP VIA E-MAIL and HAND DELIVERY Mr. Ken Suddreth Community Development Director City of Smyrna Page 4 November 5, 2008 cc: Honorable Max Bacon, Mayor - VIA Hand Delivery - w/enclosure Members, Smyrna City Council- VIA Hand Delivery - w/enclosure Members, Smyrna Planning & Zoning Board- VIA EMMail and First Class Mail- w/enc1osure Mr. Wayne Wright, City Administrator - VIA Hand Delivery - w/enc1osw'e Mr. Scott Stokes, Public Works Director - VIA Hand Delivery - w/enclosure Mr. Steve Ciaccio, Director, Parks & Recreation Department - VIA EMMail - w/attachment Mr. Keith Williams, City Engineer - VIA Hand Delivery - w/enclosure Ms. Andrea Hall, Economic Development Coordinator - VIA E-Mail - w/attachment Mr. Russell G. Martin, Planner I - VIA EMMail - w/attachment - Mr. Scott Smith, Planner I - VIA E-Mail- w/attachment Scott A. Cochran, Esquire - VIA Hand Delivery - w/enclosure Dr. Chris Gray, Imagine Schools, Inc. - VIA E-Mail and First Class Mail- w/enclosure Mr. Bart Lester - VIA E-Mail and First Class Mail - w/enclosure - December 15. 2008 13 Attachment "B" - Rezoning Request Z08-010 - R-20 (Cobb County) to MU-Conditional - 4840 Hanson Drive - 8.03 acre tract - Land Lot 620 and 677 - Jason A. Lewis Standard Conditions (Requirements #2, 16 and 17 from Section 1201 of the Zoning Code are not applicable) 1. The composition of the buildings in the development shall include mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The buildings whose lots abut external roadways shall not be permitted to utilize hardy plank for any elevation facing these roads. 2. There shall be protective covenants on all lots. These protective covenants shall be supplied to the city prior to the issuance of a building permit. 3. The developer shall provide at least 200 square feet of common space per lot or unit. This common space shall be developed with improvements for the residential development such as: gazebos, fountains, recreational/playground equipment or walking trails. The common space shall be controlled and maintained by the Homeowners' Association. .. 4. The detention pond shall be placed and screened appropriately to be unobtrusive to buildings inside and outside the development. The storm water detention plan shall be designed to create at least a 10% reduction in a 2- year to 1 OO-year storm event. The City Engineer shall approve all plans. 5. All utilities within the development shall be underground. 6. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the developer inside the development and outside the development adjacent to any public right-of-way consistent with City's requirements for the extent of the development. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. The grass buffer may be waived if it is deemed unnecessary by the City Engineer. 7. The developer shall install a deceleration lane at the entrance for the development. The deceleration lane shall have a minimum length of 150 feet with a 50-foot taper. 8. A strip of brick pavers or stamped concrete shall be installed on the street at the development entrance for a minimum distance of 20 feet. 9. The development of any streets (including private) shall conform to the City's standards for public right-of-ways. ... 10. No debris may be buried on any lot or common area. December 15. 2008 14 11. The developer will install decorative streetlights within the development, subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". - 12. The developer will comply with the City's current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the developer during construction. 13. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 14. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. Special Conditions: 15. The development shall maintain the following setbacks: Two-Story Assisted LivinQ: Minimum Front - 0' Minimum Side - 5' Minimum Rear - 20' Three-Story Independent LivinQ/Mixed Use: Minimum Front - 0' Minimum Side - 5' Minimum Rear - 20' - 16. A 10' landscape buffer shall be provided and maintained along the property lines, except where varied by the approved site plan. 17. The applicant shall provide a covered entrance way over the passenger drop off zone at the Assisted Living site. 18. If deemed necessary by the City Engineer or Cobb County during construction plan review, a second deceleration shall be provided. 19. The trash dumpsters shall utilize rubber tops and/or trash compactors be appropriately screened with a three-sided brick enclosure. 20. The applicant must obtain an easement to access the private sewer system on the adjacent property to the south or if the applicant elects to use the sewer along South Cobb Drive, approval must be obtained from the appropriate jurisdiction. 21. Units shall be limited to those persons age 55 and older as defined by the Fair Housing Act as may be amended from time to time. This requirement shall be included in the protective covenants developed for the property. - December 15, 2008 15 - 22. The development should incorporate applicable accessibility and "easy living" standards (as administered and copyrighted by a coalition of Georgia citizens including AARP of Georgia, Atlanta Regional Commission, Concrete Change, Georgia Department of Community Affairs, Governor's Council on Developmental Disabilities, Home Builders Association of Georgia, Shepherd Center and the Statewide Independent Living Council of Georgia) to include at least one full bath with ample maneuvering space. 23. Each unit must be protected by a fire sprinkler system. 24. The mandatory homeowners association must include the following rule for the independent senior living units: No more than 20% of the total units may be leased by individual owners at a time and for no term less than one year in duration. .. 25. The applicant shall provide a refundable deposit of $3,000.00 per acre at the issuance of a building permit for the cost of general site maintenance should the property be abandoned and no site maintenance is provided. At the completion of the overall project and the issuance of a Certificate of Occupancy, all or a portion the deposit shall be refunded to the person or entity that provided the deposit. If the developer is unable to provide a deposit; a five-year bond or letter of credit shall be an acceptable alternative. This bond or letter of credit may be a two-year bond or letter of credit that is automatically renewed for a period of five year. At the completion of the overall project and the issuance of a Certificate of Occupancy, the bond or letter of credit should be released to the developer. 26. The proposed development shall conform in substantial compliance to the site plan dated 11-05-08. Slight deviations to the site plan may be approved by the Community Development Director. Any significant changes to the site plan will require an amendment to this rezoning. 27. The proposed development shall conform substantially to the conceptual elevations submitted on 10-10-08 in the rezoning application. Detailed elevations indicating building materials and colors shall be submitted to Community Development prior to final approval. Slight deviations to the elevations may be approved by the Community Development Director. However, any significant changes to the elevations will require an amendment to this rezoning. 28. The following uses shall not be permitted on subject property: . Check Cashing Offices . Pawn Shops . Package Stores . Tattoo Parlor . Arcades . Pool Halls ... . Cigar Shops December 15, 2008 16 . Automotive Shops and Service Centers . Adult Entertainment 29. If any fence is constructed on the southern property line, it shall be wooden or decorative metal. - 30. Decorative metal fencing shall be constructed along the top of all retaining walls providing a structural safety barrier as well as an attractive architectural element. - - December 15. 2008 17 Attachment "C" - Rezoning Request Z08-007 - RAD-Conditional to LC-Conditional - 661 Church Road - 4.407 acre tract - Land Lot 379 - Primrose School Franchising Company Standard Conditions (Requirements #1, 2, 3, 4, 9, and 17 from Section 1201 of the Zoning Code are not applicable) 1. The detention pond shall be placed and screened appropriately. The storm water detention plan shall be designed to create at least a 10% reduction in a 2-year to 1 OO-year storm event. The City Engineer shall approve all plans. 2. All utilities within the project shall be underground. 3. The developer shall be responsible for any traffic improvements (including additional right-of-way dedications) deemed necessary by either the City or the County during construction plan review. Sidewalks shall be provided by the applicant adjacent to any public right-of-way consistent with City's requirements for the extent of the project. A grass buffer with a minimum width of 2' shall be provided between the back of curb and sidewalk. 4. The applicant shall install a deceleration lane at the entrance for the project. The deceleration lane shall have a minimum length of 150' with a 50' taper. .. 5. No debris may be buried on any lot or common area. 6. The applicant shall install decorative streetlights subject to approval by the City Engineer. Utilization of low intensity, environmental type lighting, the illumination of which shall be confined within the perimeter of the subject property through the use of "full-cutoff lighting". 7. The applicant will comply with the City's current tree ordinance (unless noted elsewhere). All required tree protection measures shall be adhered to by the applicant during construction. 8. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape Architect for any common areas or entrances. 9. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate. Special Conditions 10. The development shall maintain the following setbacks: - Front -40' Rear - 50' Side - 20' December 15, 2008 18 11. The composition of the building shall include a mixture of elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No elevation shall be comprised of 100% hardy plank siding. The elevations that face a roadway shall not be permitted to utilize hardy plank. - 12. Any proposed dumpsters shall be surrounded by a three-sided brick, stone or stucco enclosure with an opaque gate in the front. The enclosure shall match the exterior fayade of the principal building and the lid of the dumpster shall be made of rubber. 13. Any utility boxes, HVAC components, or accessory components to the proposed building shall be screened through the use of landscaping or architectural features from the public right-of-way and adjoining residential property owners. 14. The applicant shall install and maintain a 10' wide landscape buffer in accordance to Section 503 of the Zoning Ordinance along the western property line. 15. The applicant shall provide a right-of-way dedication of 5' along Church Road. 16. The applicant shall provide a 6' decorative fence which meets the requirements of Section 501.10 of the Zoning Ordinance along Church Road and along the eastern fence line. - 17. All State and County regulations for daycare facilities are complied with. 18. The applicant will comply with the City's current Sign Ordinance. 19. If an easement isn't already provided, the applicant shall provide a 20' drainage easement over the 48" CMP pipe from Church Road to the rear property line. 20. The parking lot shall provide landscape islands after every tenth parking space the design of which must be approved by the City of Smyrna. A landscape strip shall also be provided between all head-to-head parking spaces. 21. The applicant or business owner shall be required to provide additional parking at a ratio of 1 parking space per employee and 1 parking space for every 9 students if employment and/or enrollment numbers expand beyond the proposed 25 employees and 178 students. Additional parking may be in the form of green parking. 22. No land disturbance or land clearing shall take place on the subject property until a building permit has been issued. - December 15, 2008 19 23. The applicant shall provide a refundable deposit of $3,000.00 per acre at the issuance of a building permit for the cost of general site maintenance should the property be abandoned and no site maintenance is provided. At the completion of the overall project and the issuance of a Certificate of Occupancy, all or a portion the deposit shall be refunded to the person or entity that provided the deposit. If the developer is unable to provide a deposit; a five-year bond or letter of credit shall be an acceptable alternative. This bond or letter of credit may be a two-year bond or letter of credit that is automatically renewed for a period of five year. At the completion of the overall project and the issuance of a Certificate of Occupancy, the bond or letter of credit should be released to the developer. - 24. Approval of the subject property for Limited Commercial shall be conditioned upon the development of the property in substantial compliance with the submitted site plan dated 12/10/08. 25. The applicant shall be bound to the elevations submitted and dated 7/1/08. Approval of any change to the elevations must be obtained from the Director of Community Development. 26. The applicant shall provide an off-duty police officer to regulate traffic and access to the site during peak drop off and pick up times. .. -