01-20-2009 January 20, 2009
January 20. 2009
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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 except Council Member McNabb. 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, 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,
Deputy Fire Chief Sam Wehunt, Finance Director David Boyd, Human Resources Director Chris
Corey, Economic Development Coordinator Andrea Hall and representatives of the press.
Invocation was given by Reverend Terry Phillips from Bethany United Methodist Church,
followed by the pledge to the flag.
AGENDA CHANGES:
There were none. Mayor Bacon stated Council Member McNabb is absent due to illness.
MAYOR'S REPORT:
(A) Recognition of Fisherman's Net
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Council Member Smith recognized Ms. Terry Floyd, and read a Proclamation in Recognition of
Fisherman's Net to those present. Ms. Floyd thanked everyone for their support of the students
and staff of the Fisherman's Net program.
(B) Recognition of Mike Terry
Mayor Bacon recognized Mr. Terry, and commented favorably about his service as chairman of
the Smyrna Planning and Zoning Board (PZB) and stated Mr. Terry will now chair the Cobb
County PZB. Mayor Bacon stated Mr. Terry has played a prominent role in the restoration of the
Taylor-Brawner property. Mr. Terry stated he has enjoyed his service to the City on the PZB, and
thanked the City's staff for their assistance.
(C) Presentation of FY 2008 Independent Auditor's Report
Mayor Bacon recognized Mr. Boyd, and Mr. Boyd provided background information regarding
the audit process. Mr. Boyd introduced Ms. Tammy Galvis from Moore and Cubbedge, LLP to
the present officials, and Ms. Galvis provided details to those present regarding the fiscal year
2008 certified audit.
LAND ISSUES/ZONINGSI ANNEXA nONS:
(A) Public Hearing- Rezoning Request Z08-006 - GC and R-15 to MU - Southwest Corner of
Windy Hill Road and Atlanta Road - Land Lots 447, 489,490,519 and 520 - 47.49877
acre tract - City of Smyrna
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Mayor Bacon stated this rezoning case was tabled from the December 15,2008 meeting.
January 20, 2009
2
Mr. Wright stated staff recommends approval of this rezoning request.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to several persons by Mr. Cochran.
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Mayor Bacon recognized Mr. Suddreth, who provided details to those present concerning plans
for the subject property. Mr. Suddreth stated the plans call for 902 residential units and some
127,000 s.f. of retail and office space. Mr. Suddreth stated staff recommends approval of the
rezoning request subject to stipulations detailed in a letter from the owner's attorney dated
January 20,2009. (Clerk's note: A copy ofthis letter is appended hereto as Exhibit "A")
Mayor Bacon recognized Mr. Halpern, Mr. Steve West, Mr. Benjamin Halpern, Mr. Kevin
Moore, an attorney representing representing Halpern Enterprises, and representatives from
residential development firm Wood Partners. Mr. Halpern provided details to those present
concerning the lengthy process which has resulted in the plan under present consideration.
Mr. Halpern stated this plan is a synthesis ofthe best ideas which have been suggested and
reviewed. Mr. Halpern stated the plan will entail demolition of the existing shopping center
structures. Mr. Halpern provided details to those present concerning the six main components of
the redevelopment plan. Mr. Halpern stated the development will conform with the City's urban
design guidelines.
Council Member Anulewicz thanked the citizens for their patience while the City's leadership
and staff made efforts to make sure this development proposal is the best possible plan for the
subject area. At Council Member Anulewicz's request, Mr. Halpern provided details regarding
the timetable for demolition of existing improvements, commencement of new construction
and measures to be taken to stabilize the construction site as the new development is built in
phases.
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Mayor Bacon recognized Mr. Charles Woodham, residing at 2616 Hughes Street, and Mr.
Woodham expressed the view that the number of residential structures planned for the subject
area seems high. Mr. Woodham expressed the view that the project as proposed does not seem to
fit with the small town atmosphere he has become accustomed to, and compared the plan to
Atlantic Station. Mr. Woodham expressed the view that current economic conditions may not
support a plan of this scale. Mr. Woodham asked the City's leadership to try to preserve wooded
areas on the property as much as possible. Mr. Woodham stated that if he allowed his property to
deteriorate to the extent which Belmont Hills has, he would face fines or other adverse action
from the City.
Mayor Bacon recognized Ms. Donna Woodham, residing at 2616 Hughes Street, and Ms.
Woodham requested clarification of the location of a water structure planned for the
development. Ms. Woodham stated Halpern Enterprises (HE) has been given TAD money
for redevelopment of Belmont Hills, and that this will require many residential structures to be
built. Ms. Woodham expressed concern about the future ofthe wooded area behind the subject
property. Ms. Woodham stated HE could use TAD funds to buy land at the comer of Fleming
Street and Atlanta Road which is already prepared for construction. Ms. Woodham stated the
City's leadership must learn to think more imaginatively and that change is needed soon. Ms.
Woodham expressed the view that there is no reason the wooded area she alluded to must
be cleared. Ms. Woodham stated that tax dollars should provide tranquility, quality of life,
and clean air. Ms. Woodham asked the present officials to consider preservation of the wooded
area behind the subject property. Ms. Woodham stated the housing market is flat and there is no
need for quick action on the subject property. Ms. Woodham stated there is time for Mr. Halpern
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January 20, 2009
3
and the City's leadership to join the progressive movement.
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At Mayor Bacon's request, Mr. Wright explained how the project is to be financed. Mr. Wright
stated HE is to be reimbursed from enhanced tax revenues the proposed development is expected
to generate. Mr. Wright stated no bonds are to be issued in this case and that HE will be
providing initial funding and assuming any risk involved.
Mayor Bacon recognized Ms. Mary Kirkendoll, residing at 1078 Oakview, and Ms. Kirkendoll
expressed concerns about lack of progress at Jonquil Plaza. Ms. Kirkendoll stated there is a huge
steel structure at King Springs and Concord Road sitting vacant. Ms. Kirkendoll stated many
citizens who live here have ideas worth listening to. Ms. Kirkendoll stated change is needed in
Smyrna and that the local leadership should work with Cobb County to try to bring in new
businesses. Ms. Kirkendoll expressed the view that Belmont Hills has been problematic for some
time and that nothing has been done. Ms. Kirkendoll expressed the view that the plan as
presented will amount to another cement mud pile. Ms. Kirkendoll stated the entire outer edge of
Belmont Hills should be buffered with landscaping before any work begins. Ms. Kirkendoll
stated she owns a house in Smyrna and wants to see progress. Ms. Kirkendoll expressed doubt
that anyone would want to live in Belmont Hills or locate a business there.
Mayor Bacon stated HE is investing its own money in this project, and he doe not believe this
would be the case if the venture did not have not real prospects for success. Mayor Bacon stated
the project as proposed will be a tremendous improvement in the subject area and will mark the
beginning of renewal in the northern part of the City. Council Member Anulewicz stated the city
council has studied this matter to make certain that what is being built at Belmont Hills will be
relevant for many years to come.
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MOTION: Council Member Anulewicz made a motion to approve Rezoning Request Z08-006
from General Commercial and R-15 to Mixed Use at the southwest corner of Windy Hill Road
and Atlanta Road, Belmont Hills Shopping Center, in Land Lots 447, 489, 490,519 and 520 for
a 47.49877 acre tract for the City of Smyrna. The motion was seconded by Council Member
Newcomb. Council Member Lnenicka thanked Mr. Halpern and other associates for patiently
working with the City on this project. Council Member Lnenicka pointed out that redevelopment
of Belmont Hills is vital to renewal of the northern part ofthe City. Council Member Pritchett
stated the Belmont Hills property was not fully rented in the last few years because Mr. Halpern,
at considerable expense to Halpern Enterprises, was not renewing long leases in anticipation of
this redevelopment project. Council Member Pritchett stated Mr. Halpern has a record of making
judicious decisions regarding redevelopment of properties. Council Member Pritchett stated the
City's leadership has utilized expert consultants to provide information to be used in the decision
making process for Belmont Hills, and that this matter has been discussed in exhaustive detail at
many meetings. Council Member Pritchett stated she believes Mr. Halpern will do what he says
he will do. Council Member Newcomb recapitulated the various events associated with the tax
allocation district and the resulting effect on financing local projects. Council Member Newcomb
commended Mr. Halpern for his efforts to arrive at a redevelopment plan that is suitable for both
his interests and those of the community. Council Member Newcomb stated the Belmont Hills
property is not owned by the City, and that Halpern Enterprises has a lot of discretion as to how
the property may be used. Council Member Smith commended Mr. Ha]pern for his efforts to
compromise with the City's leadership to craft a redevelopment plan for the subject property.
Council Member Wood stated the alternatives must be considered when making a decision on this
project, and that this plan can be an impetus to renewal on the north side of the City. Council
Member Wood thanked Mr. Ha]pern for his willingness to work with the City and to take risks
with his own resources to bring about this redevelopment. Motion was approved 6 - O.
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January 20, 2009
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(B) Public Hearing- Rezoning Request Z08-011 - R-15 to RAD-Conditional- Church Street
between Mann Street and Stephens Street - Land Lot 450 - 0.569 acre tract - Gregory
Melancon
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Mr. Wright stated the applicant has requested rezoning ofthe subject property in order to build
two new single-family structures at a density on.51 units per acre. Mr. Wright stated PZB and
staff recommend approval of the 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 details to those present concerning this rezoning request.
At Council Member Anulewicz's request, Mr. Melancon provided details regarding the timetable
for construction on the property. Council Member Anulewicz asked Mr. Melancon if it is correct
that no grading or cutting of trees will take place on the property before construction is to begin,
and Mr. Melancon answered in the affirmative. Council Member Smith expressed concerns
about sight distance at the subject location and potential impact on traffic safety. Council
Member Smith asked if the structures could be located farther back on the property to allow more
turn-around room, and Mr. Melancon said yes.
MOTION: Council Member Anulewicz made a motion to approve Rezoning Request Z08-011
from R-15 to RAD-Conditional on Church Street between Mann Street and Stephens Street in
Land Lot 450 for 0.569 acre tract for Gregory Melancon subject to the following conditions:
Standard Conditions
(Requirements #2, 3, 4, 5, 8, 9, 10, 12, 16 and 17 from Section 1201 of the Zoning
Code are not applicable)
1. The composition of the homes in a residential subdivision 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 residences whose lots abut external roadways shall not be
permitted to utilize hardy plank for any elevation facing these roads (i.e.
Church Street).
2. All utilities within the development 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 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. The grass buffer may be
waived if it is deemed unnecessary by the City Engineer.
4. No debris may be buried on any lot or common area.
5. The developer will comply with the City's current tree ordinance. All required
tree protection measures shall be adhered to by the developer during
construction.
6. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
7. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
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January 20. 2009
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Special Conditions
10.
11.
The development shall maintain the following minimum setbacks:
Front - 25'
Interior Side - 7.5' (minimum of 15' between residences)
Exterior Side - 7.5'
Rear - 30'
The stormwater detention plan shall be designed to create at least a 10%
reduction in a 2-year to 100-year storm event. The City Engineer shall
approve all plans.
Each home will be a minimum of 1,800 square feet in floor area.
No land disturbance permit will be issued for the property without an approved building
permit.
8.
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9.
The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O.
(C) Deannexation request - 1.65 acre tract - Land Lot 177, Parcel 16, 18th District, 2nd
Section - 6180 Oakdale Road - Dorothy N. Smith
Mr. Wright stated the property was annexed into the City during September, 2005 for residential
development which ultimately did not take place on this particular tract. Mr. Wright stated staff
has reviewed the deannexation request and determined it will not result in an unincorporated
island.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
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Council Member Wood recognized Ms. Smith, and Ms. Smith stated she cannot afford to pay
City taxes and requests deannexation.
Mr. Suddreth stated staff has reviewed the deannexation request and determined it will not result
in an unincorporated island. Mr. Cochran asked if the subject property was annexed in
conjunction with a rezoning and subsequently not purchased nor redeveloped, and Mr. Suddreth
answered in the affirmative. Mr. Cochran asked if it is correct that the property would never have
been annexed into the City if it had not been earmarked for inclusion in the redevelopment plan,
and Mr. Suddreth answered in the affirmative. Mr. Suddreth stated staff supports the
deannexation request in this particular case.
MOTION: Council Member Wood made a motion to approve deannexation request for a 1.65
acre tract in Land Lot 177, Parcel 16, 18th District, 2nd Section at 6180 Oakdale Road for
Dorothy N. Smith. The motion was seconded by Council Member Smith. Motion was
approved 6 - O.
FORMAL BUSINESS:
(A) Appointment of Mayor's Representatives to Downtown Development Task Force
Mayor Bacon stated the Downtown Development Task Force (DDTF) is being reactivated
and he wishes to nominate Kevin Drawe, Bill Strickland, and Pam Terry to serve on this
committee.
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January 20. 2009
6
MOTION: Council Member Wood made a motion to approve appointment of Kevin Drawe, Bill
Strickland, and Pam Terry to serve as the Mayor's representatives to the Downtown Development
Task Force. The motion was seconded by Council Member Smith. Motion was approved 6 - O.
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(B) Appointment of Ward 1 Representative to Downtown Development Task Force
MOTION: Council Member Pritchett made a motion to appoint Pascal Gouteix to serve as Ward
1 representative to the Downtown Development Task Force. The motion was seconded by
Council Member Newcomb. Motion was approved 6 - O.
(C) Appointment of Ward 2 Representatives to Downtown Development Task Force
MOTION: Council Member Newcomb made a motion to reappoint Elsie Rape, Pinky Gilbert
and Beth McClurg to serve as Ward 2 representatives to the Downtown Development Task Force.
The motion was seconded by Council Member Pritchett. Motion was approved 6 - O.
(D) Appointment of Ward 3 Representatives to Downtown Development Task Force
MOTION: Council Member Anulewicz made a motion to appoint Don Porch, Helen Wilgus and
Ron Davis to serve as Ward 3 representatives to the Downtown Development Task Force. The
motion was seconded by Council Member Pritchett. Motion was approved 6 - O.
(E) Appointment of Ward 4 Representatives to Downtown Development Task Force
MOTION: Council Member Lnenicka made a motion to appoint Sean Murphy, David Brown
and Anita Ford to serve as Ward 4 representatives to the Downtown Development Task Force.
The motion was seconded by Council Member Smith. Motion was approved 6 - O.
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(F) Appointment of Ward 5 Representative to Keep Smyrna Beautiful
MOTION: Council Member Smith made a motion to appoint Stephanie Busch to serve as Ward
5 representative to Keep Smyrna Beautiful. The motion was seconded by Council Member
Wood. Motion was approved 6 - O.
(G) Appointment of Ward 5 Representatives to Downtown Development Task Force
MOTION: Council Member Smith made a motion to reappoint Judy Iberg, Mike Hyde and Ed
Whittington to serve as Ward 5 representatives to the Downtown Development Task Force. The
motion was seconded by Council Member Wood. Motion was approved 6 - O.
(H) Appointment of Ward 6 Representatives to Downtown Development Task Force
MOTION: Council Member Lnenicka made a motion to appoint Byron Powell, Wayne Waddell
and Tom Laccetti to serve as Ward 6 representatives to the Downtown Development Task Force.
The motion was seconded by Council Member Smith. Motion was approved 6 - O.
(I) Appointment of Ward 7 Representatives to Downtown Development Task Force
MOTION: Council Member Wood made a motion to appoint Johnny Potter, Buddy Purvine and
Ryan Byers to serve as Ward 7 representatives to the Downtown Development Task Force. The
motion was seconded by Council Member Smith. Motion was approved 6 - O.
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January 20, 2009
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(1) Appointment of Mayor's Chair Representative to Planning & Zoning Board
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MOTION: Council Member Smith made a motion to appoint Joel Powell to serve as the Mayor's
chair representative to the Planning & Zoning Board. The motion was seconded by Council
Member Wood. Motion was approved 6 - O.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of January 5, 2009 meeting minutes
(B) Approval of Resolution authorizing Chiefs of Police and Fire to administer oaths of
office
(C) Approval of use of City Council Chambers on Tuesday, January 27 at 7:00 pm for a
Ward 3 meeting (Williams Park Neighbors General Assembly Meeting)
(D) Approve agreement with Lyman Davidson Dooley, Inc. for design services for the
concession building at River Line Park and authorize Mayor to sign related contract
documents
(E) Award RFP 9-021 for one 2009 Ford F-750 with dump body to Wade Ford in the amount
of $66, 171 and authorize the Mayor to execute related contract documents
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(F) Award RFP 9-020, two 2009 Mack Chassis GU813 with New Way 25 yard rear load
bodies to Nextran Truck Center in the amount of $313,527.28 and authorize the Mayor to
execute related contract documents
(G) Award RFP 9-015 Landscape Services for Public Works and Parks and Recreation areas
to Pebblestone Landscape Group, Inc. in the amount of $360,504 and to include alternate
(1) Jonquil Park at $22,800 annually and alternate (2) North Cooper Lake park at $33,600
annually after construction of these parks are complete and authorize the Mayor to
execute related contract documents
(H) Approval of lease agreement at 1061 Concord Road - Sam O'Neal and authorize Mayor
to sign and execute agreement
(I) Approval of lease agreement at 1061 Concord Road - Vida Hair Studio and authorize
Mayor to sign and execute agreement
(1) Amend FY 2009 full time personnel roster to eliminate positions in various City
departments
(K) Approval of temporary addendum to the Georgia Municipal Employees Benefit System
Defined Benefit Plan adoption agreement for enhanced early retirement benefit
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MOTION: Council Member Newcomb made a motion to approve consent agenda items A
through J. The motion was seconded by Council Member Wood. Motion was approved 6 - O.
Januarv 20, 2009
8
MOTION: Council Member Smith seconded a motion to approve agenda item K. Motion was
approved 5 - 1 with Council Member Newcomb in opposition.
COMMITTEE REPORTS:
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Council Member Pritchett recognized Ms. Hiott, who provided details concerning recent court
services operations, annexations and ordinances.
Council Member Newcomb recognized Mr. Suddreth, who provided details to those present
concerning recent building statistics.
Council Member Anulewicz recognized Mr. Corey, who had no report. Council Member
Anulewicz invited citizens to contact their City representatives to discuss any concerns or
suggestions they may have regarding their local government. Council Member Anulewicz urged
City residents to support their local businesses. Council Member Anulewicz commended the
residents of Williams Park who assisted a local family that recently experienced the loss of a
relative.
Council Member Smith recognized Mr. Seigler, and Mr. Seigler provided details to those present
concerning current and upcoming programs and events for the City Library.
Council Member Wood recognized Mr. Boyd, who provided details to those present concerning
property tax collections and business licenses. Mr. Boyd stated business associated with real
estate in general is down, as well as interest income. Council Member Wood stated he
appreciates efforts being made by the City staff to monitor the City's finances in the current
economic climate.
Mayor Pro Tern Lnenicka recognized Ms. Kirk, and Ms. Kirk thanked Council Member Smith for
making an excellent appointment to the KSB commission, and expressed appreciation to Aaron
Ducre for his service. Ms. Kirk provided details to those present concerning the recent Christmas
tree recycling program. Ms. Kirk thanked sponsors WXIA, Department of Community Affairs,
Davy Tree Service and Home Depot for helping to make this event possible. Ms. Kirk provided
details concerning electronics recycling at the Recycling Center.
Mayor Pro Tern Lnenicka recognized Mr. Ciaccio, who had no report.
Mayor Pro Tern Lnenicka recognized Chief Hook, who had no report.
Mayor Pro Tern Lnenicka recognized Assistant Chief Wehunt, who provided details to those
present concerning job openings at the fire department. Assistant Chief Wehunt thanked the
present officials for the opportunity to serve the citizens of Smyrna. Mayor Pro Tern Lnenicka
commended Assistant Chief Wehunt for his dedication and service and wished him good luck in
retirement.
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Mayor Pro Tern Lnenicka stated Mayor Bacon was not feeling well and has left the meeting.
Mayor Pro Tern Lnenicka stated he recently attended the Heritage at Vinings HOA meeting and
thanked them for inviting him. Mayor Pro Tern Lnenicka stated there will be a meeting of the
Devonshire Court HOA on Sunday and he is looking forward to meeting with them. Mayor Pro
Tern Lnenicka stated Smyrna American Legion Post 160 will have an auction of various items
from their old facility on January 27 and provided particulars concerning the sale. Mayor Pro
Tern Lnenicka expressed condolences to the families of former City employee Sandra Weyers
and Smyrna native Arthur Crowe, both of whom recently passed away.
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January 20. 2009
9
CITIZENS INPUT:
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Mayor Pro Tern Lnenicka recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr.
Backry stated the City purchased the Highlands Apartments for $8,195,000 and provided details
to those present concerning the cost components making up this total. Mr. Backry expressed
concerns ahout $165,000 of this amount going to financial advisory fees and other expenditures.
Mr. Backry stated these apartments are presently at about half occupancy. Mr. Backry stated
there was a fire in one of the buildings some time back resulting in damage which has not been
repaired. Mr. Backry stated he believes this amounts to a double standard because citizens can be
cited for not abating nuisances on their property. Mr. Backry stated he does not believe citizens
were properly informed about this acquisition nor solicited for their views. Mr. Backry expressed
doubts about the prudence of this expenditure.
Mayor Pro Tern Lnenicka recognized Ms. Mary Kirkendoll, residing on Oakview Drive, and Ms.
Kirkendoll expressed the view that the Highlands Apartments are in a state of decline and she
sees no purpose in renovating them. Ms. Kirkendoll stated she does not understand why taxpayer
resources are being expended on this project. Ms. Kirkendoll stated she believes citizens should
be kept informed about the operation of their city government and suggested the City website be
improved to facilitate dissemination of up-to-date information. Ms. Kirkendoll asked about the
status ofthe Concord Road, King Springs Road and Jonquil Plaza projects. Ms. Kirkendoll
expressed the view that the Primrose School project should not have been approved for its
proposed location because locating it elsewhere could result in the loss of fewer trees.
ADJOURNMENT:
With no further business, the meeting was adjourned at 9:45 p.m.
...
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January 20, 2009
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A. MAX BACON, MAYOR
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January 20, 2009
Exhibit "A"
10 pages
January 20, 2009
Hand Delivered
Mr. Ken Suddreth, Director
Department of Community Development
City of Smyrna
3180 Atlanta Road
Smyrna, Georgia 30080
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Dear Ken:
RE: Application for Rezoning
Applicant:
Property Owner:
Property:
TiM01ti1' H. SlAt-UNGS
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WiU/;' R BU~;H
GREG H H':l,u:n
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JENI.J!fER l. lAMMASfLtO
KEYN L LOPER
OF COUNSEl
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. AOtllnrc N,t.v iN Hi
City of Smyrna, Georgia
Halpern Enterprises, Inc.
47.49877 acres located at the southwesterly
Intersection of Atlanta Road and Windy Hill
Road; northwesterly intersection of Atlanta
Road and Fleming Street; Land Lots 447,
489,490, 519, and 520, 1 th District, 2nd
Section, City of Smyrna, Cobb County,
Georgia
As you know, the undersigned and this firm represent Halpern Enterprises, Inc., who is
the Property Owner (hereinafter referred to as "Owner") in the above-referenced
Application for Rezoning regarding a tract totaling 47.49877 acres, more or less, being
known as Belmont Hills Shopping Center, and located in Land Lots 447,489,490,519,
and 520, 1th District, 2nd Section, Cobb County, Georgia (hereinafter the "Subject
Property"). After review and completion of the Development of Regional Impact (''DRI'')
process by the Atlanta Regional Commission and the Georgia Regional Transportation
Authority; meetings with planning and zoning staff; reviewing the staff comments and
recommendations; and reviewing the uses of surrounding properties, we have been
authorized by the Owner to submit this letter of agreeable stipulations and conditions,
which, if the Application for Rezoning is approved, as submitted, shall become a part of
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MOORE INGHAM JOHNSON & STEEI:"'E
Mr. Ken Suddreth, Director
Department of Community Development
City of Smyrna
Page 2 of I 0
January 20, 2009
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the grant of the requested zoning and shall be binding upon the Subject Property. The
referenced stipulations are as follows:
(1) The stipulations and conditions set forth herein shall replace and
supersede in full any and all prior stipulations and conditions, in
whatsoever form, which are currently in place on the Subject Property with
the exception of the Development Agreement agreed upon by Halpern
Enterprises, Inc. and the City of Smyrna as it pertains to development of
the Belmont Hills redevelopment project (hereinafter the "Project");
together with any and all Departmental Comments and Staff
Recommendations relating to the Subject Property from any prior zoning
actions.
(2)
The City of Smyrna and Owner seek rezoning of the Subject Property from
the existing R-15 and General Commercial ("Ge") zoning categories to the
proposed Mixed-Use ("MU") zoning category. Rezoning of the Subject
Property will be a "site plan specific" rezoning, reference is made to that
certain revised Zoning Plan (hereinafter "Zoning Plan") entitled "Belmont
Zoning Plan" and dated January 2009 a reduced copy of which is attached
as Exhibit "A" and incorporated herein by reference. The Zoning Plan
subdivides the Subject Property into six (6) "Development Pods," all
connected by two major streets and a network of smaller roads. The
Zoning Plan shall reflect the exact location of the eastern portion of the
"Central Parkway" east of the traffic circle, "Middle Street", and "South
Residential Access Road". Each "Development Pod" lists the acceptable
types of uses allowed within each pod. Any change in the type of use
allowed within a "Development Pod" will be required to obtain approval
from the Mayor and Council.
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(3) By this letter of agreeable stipulations and conditions, Owner amends the
Application for Rezoning to submit the revised Zoning Plan referenced
above.
(4) The Subject Property consists of 47.49877 acres of total site area.
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MOORI~ INGRAM JOHNSON & S'1'EELE
Mr. Ken Suddreth, Director
Department of Community Development
City of Smyrna
Page 3 of I 0
January 20, 2009
GENERAL STIPULATIONS
A. TRANSPORTATION
Windy Hill Road, adjacent to the site, is a tour-lane road with a center two-way
left-turn lane and dedicated left-turn lanes at signalized intersections, though future
plans propose it to become a tour lane, median divided roadway. Atlanta Road,
adjacent to the site, is a tour-lane road with a two-way center left turn lane and
dedicated left-turn lanes at signalized intersections, though future plans may propose
construction of a center median making it a four lane divided roadway. Fleming Street
is a two-lane local road.
The proposed roadway improvements for the Project are as follows:
(1) The Owner shall be responsible for any traffic improvements (jncluding
additional right-ot-way dedications) deemed necessary by the city during
construction plan review.
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(2) Sidewalks shall be provided by the Owner inside the Subject Property and
outside the Subject Property for the extent of the Subject Property
adjacent to any public right-of-way consistent with City's requirements.
(3) All roads shall be public thoroughfares consistent with a city road grid
designed to provide connectivity trom Ward Street to the Atlanta Road
corridor in an effort to relieve congestion. Use shall not be limited to the
development but shall be tor the public in general. Any road constructed
by the developer shall be dedicated to the City for public use.
(4) The development of any streets shall conform to the street profiles
referenced below
a. The "Parkway" shall be designed and consistent with the template
provided for a boulevard and as shown on "Exhibit B" attached hereto
and incorporated herein by reference.
b. The "Middle Street" shall be designed and consistent with the template
and design as shown on "Exhibit C" attached hereto and incorporated
herein by reference..
c. All other "Residential Access Roads" shall be designed and consistent
with the template and design as shown on "Exhibit D" attached hereto
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lVIOORE INGRAM JOHNSON & STEELE
Mr. Ken Suddreth, Director
Department of Community Development
City of Smyrna
Page 4 of 10
January 20, 2009
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and incorporated herein by reference.
d. All other "Alley's" shall be designed and be consistent with the
template as shown on "Exhibit E" attached hereto and incorporated
herein by reference.
(5) Three access points will be provided to the Subject Property off Windy Hill
Road:
(a) The northwest access point will be a full access driveway; that will
later be converted to a right in/right out driveway at the expense of
the Owner in the event road improvements replace the current
center turn lane with a landscaped median in front of this drive.
(b) The north, central access point will be a full access, signalized
public roadway which will provide protected access into and out of
the Project; and
(c) The northeast access point will be a right-in/right-out only.
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The existing two-way, center turn lane will be re striped to provide left turn
lanes at the signalized full access drive, however, the center turn lane
along the property frontage on Windy Hill Road may be replaced by a
landscaped median. In such an event, the northwest drive will become
right in/right out only. However, any median installed shall maintain the full
access signalized intersection of Windy Hill road and the new road labeled
as "Middle Street" on the attached Zoning Plan.
(6) Three access points will be provided off Atlanta Road:
(a) The northern access point will be right-in/right-out only driveway
with a dedicated deceleration/right-turn lane on Atlanta Road.
Owner shall build and dedicate this drive to the City to create a new
public road at this location;
(b) The central street, also known as the "Parkway," will be a full
access public roadway consisting of four lanes divided by a raised
median consistent with the template provided for a boulevard on
page 11 of the site development document (Exhibit B) included as
part of the rezoning application. This public roadway will be
signalized at the intersection of Atlanta Road. Additionally, a
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MOORE INGRAM JOHNSON & S'!'BBLB
Mr. Ken Suddreth, Director
Department of Community Development
City of Smyrna
Page 5 of I 0
January 20, 2009
dedicated deceleration/right-turn lane will be provided on Atlanta
Road at this intersection; and
(c) The southern access point will be a public roadway right-in/right-out
access onto Atlanta Road. Additionally, a dedicated
deceleration/right-turn lane will be provided on Atlanta Road at this
access point.
The two-way center lane on Atlanta Road will be re-striped to provide a
dedicated left-turn lane at the intersection of the signalized Parkway.
(7) Three public rights-of-way, one driveway, and one private alley will provide
access to the Project off Fleming Street. Additional private driveways may
be installed off Fleming Street for single-family detached residential
construction only.
(8) The traffic signals (two) referenced hereinabove shall consist of the
following:
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(a)
The signals will be standard Georgia Department of Transportation
LED signal head with 2070 controllers.
(b) The signals will be spliced into Georgia Department of
Transportation fiber-optic interconnect.
(c) Each signal shall contain video detection technology.
(d) The poles utilized for the traffic signals shall be decorative mast
arm poles (e.g., traffic signals at Hawthorne Avenue) matching the
existing pole structures at Hawthorne Avenue/Fleming Street.
(e) The signals shall have controllers with modems and sealed
switches.
(f) All design, construction and materials for the proposed traffic
signals should match those used in the Georgia Department of
Transportation project entitled "Traffic Operation improvements
Atlanta Road" CSSTP-0007-00(676), GDOT PI No. 0007676.
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lVloORE INGRAM JOHNSON & S'.I'EELE
Mr. Ken Suddreth, Director
Department of Community Development
City of Smyrna
Page 6 of I 0
January 20, 2009
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(9) The Owner's right-of-way improvements along its frontage on Atlanta
Road shall comply with the LCI Streetscape Project for Atlanta Road. All
design, construction and materials should be in accordance with "Atlanta
Road Streetscape STP-006-00(992), PI No. 0006992.
(10) The Owner shall continue the LCI Streets cape Project for Atlanta Road
along street frontage of Windy Hill Road. All design, construction and
materials shall be consistent with "Atlanta Road Streetscape STP-006-
00(992), PI No. 0006992.
(11) The roadways shown and labeled as Central Parkway, Middle Street,
North Residential Access Road and South Residential Access Road on
the referenced Zoning Plan shall be constructed by Owner during the
initial phase of development.
(12) Other roadways shown and reflected on the referenced Zoning Plan may
be shifted to accommodate development; however, all such roadways
shall connect to the major roadway system.
(13) All improvements listed above within Section A entitled "Transportation" -
are to be provided (design and construction) by the Owner. All design and
construction must be performed in accordance with City of Smyrna
standards and all design must be approved by the City Engineer and City
Public Works department.
B. STORMWA TER MANAGEMENT
The stormwater management system shall be placed and screened
appropriately to be unobtrusive to improvements inside and outside
the Project or shall be built to be an important and attractive amenity
to the Project. The Owner must obtain approval from the Mayor and
Council if a stormwater management facility will be constructed as an
amenity.
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MOORE INGRAM .JOHNSON & S'rEELE
Mr. Ken Suddreth, Director
Department of Community Development
City of Smyrna
Page 7 of 10
January 20, 2009
C. LANDSCAPING
(1) The Owner shall comply with the City's current tree ordinance. All required
tree protection measures shall be adhered to by the Owner during
construction.
(2) All landscape plans (for any common areas or entrances) must be
prepared, stamped and signed by a Georgia Registered Landscape
Architect.
(3) All yards and common areas are to be sodded, landscaped and irrigated
as appropriate.
D.OVERALLDEVELOPMENT
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(1) The first phase retail village located on Pod "A" as depicted on the
Illustrative Master Plan attached as "Exhibit F" and incorporated herein by
reference, shall be permitted two monument signs, one along its Atlanta
Road frontage and one along its Windy Hill Road frontage. The size of
each sign shall be governed by the city's sign ordinance section 82.15 as
applied to a "planned shopping center", and each sign shall be subject to
the Urban Design Standards in terms of the construction materials and
lighting.
(2) The Owner shall comply with the City of Smyrna Sign Ordinance as
applied to a "planned shopping development" in Section 82-15(b) subject
to the provision that buildings will be allowed to have two (2) signs, one
sign for the street side of the building that is visible from a public right-of-
way and one sign for the parking side of the building.
(3) The referenced Zoning Plan subdivides the Subject Property into six (6)
separate parcels, divided along the major roadway grid system for the
Project. Allowed uses are designated within each parcel as shown and
reflected on the referenced Zoning Plan; however, the component parts of
the Project have limitations, as follows:
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MOORE INGRAM JOHNSON & STEELE
Mr. Ken Suddreth, Director
Department of Community Development
City of Smyrna
Page 8 of I 0
January 20,2009
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(a) Retail and Office Component:
A maximum of 127,087 square feet;
(b) Total Residential Housing Units for the Project;
A maximum of nine hundred two (902) units
i. Independent Senior Living Housing (Rental):
A maximum of one hundred sixty-four (164) units;
ii. Luxury Rental Units:
A maximum of two hundred seventy-four (274) units.
(4)
The site plan and building renderings for the first phase of buildings shown
on the Illustrative Master Plan dated January 2009 and attached as
Exhibits "G"-"R" and incorporated herein by reference, are generally
approved by the Mayor and Council as acceptable; however the Owner
must obtain approval for all building elevations from the Urban Design
Commission.
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(5) Any minor changes to the within referenced Zoning Plan, exhibits, and
stipulations and conditions shall be approved by the City of Smyrna staff.
Any major changes to the within referenced Zoning Plan, exhibits, and
stipulations and conditions shall be approved by Mayor and Council.
Deviations up to ten percent (10%) from the referenced Zoning Plan may
be approved by the Community Development Director.
(5) All new utilities for the proposed development shall be located
underground.
(6) No debris may be buried within the Project. However, demolition
materials may be reused for construction entrances, temporary roads, and
as fill material.
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MOORE INGRAM .JOHNSON & STEELE
Mr. Ken Suddreth, Director
Department of Community Development
City of Smyrna
Page 9 of 10
January 20, 2009
(7) The Owner shall install decorative streetlights (which can be found in the
Urban Design Standards) 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 cut-off lighting".
(8) All dumpsters servicing the Project shall be enclosed within a minimum six
(6) foot high enclosure on three sides with a solid gate or doors on the
access side. The materials and colors for the enclosure shall match and
be complementary to the fayade of the buildings which it serves. All
dumpsters shall contain rubber lids to minimize noise. Dumpsters shall be
emptied Monday through Saturday from 8:00 a.m. to 7:00 p.m. and
Sunday from 2:00 p.m. to 7:00 p.m.
(9) The Owner shall comply with all parking standards established under
Article IX of the Zoning Ordinance. Deviations up to ten percent (10%)
from the parking standards may be approved by the Community
Development Director. Deviations from the parking standards in excess of
10%, must obtain approval from the Mayor and Council.
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(10) There shall be master protective covenants for the entire Project that will
include all phases of the Project; and concurrent therewith a master
association will be formed which will include all component parts of the
Project. The master protective covenants shall be supplied to the City prior
to the issuance of any building permit. The protective covenants for each
phase of the Project shall be supplied to the City prior to the issuance of
any building permit for the subject phase.
(11) The master association shall be responsible for the oversight, upkeep, and
maintenance of the common areas of the Project, including entrance
areas, open space areas. stormwater management areas, private alley
ways, bike paths, sidewalks, walking trails, and the like. City and Owner
shall use good faith efforts to negotiate and agree upon a "Landscape
License Agreement" which shall grant Owner a license to maintain, at its
expense, landscaping within public right of way to be identified lying
throughout and adjacent to the Project.
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MOORE INGRAM JOHNSON & S'l'EELE
Mr. Ken Suddreth, Director
Department of Community Development
City of Smyrna
Page 10 of 10
January 20, 2009
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(12) The master association to be formed hereunder shall have architectural
design regulations which shall control such items as signage for individual
units, and other such usual and necessary covenants and restrictions to
protect the quality and integrity of the total Project.
We certainly appreciate your assistance and the consideration by the Mayor and City
Council of this request.
With kindest regards,
I remain Very truly yours,
MOORE, INGRAM, JOHNSON & STEELE, LLP
John H. Moore
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JHM:cc
Enclosures
c: City of Smyrna, Georgia
(With Copies of Enclosures)
Halpern Enterprises, Inc.
(With Copies of Enclosures)
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ORDINANCE DEANNEXING PROPERTY
FROM THE CITY OF SMYRNA
...
Ordinance Number
Land Lot 177
Acres 1.65
2009-1
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow deannexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached
hereto have been notified of the City's desire that their property be deannexed from the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
deannexation of said property would be in the best interests of the property owners of the area to
be deannexed and ofthe citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the deannexation of said property passed by a majority vote without veto; and
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by deleting from the description
of the City Limits the property herein deannexed. Such legal description is attached hereto as
Exhibit "A."
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BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the deannexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 20th
January, 2009.
day of
A. Max Bacon, Mayor
~fJ. ~~
Susan D. Hiott, City Clerk
City of Smyrna
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Ordinance 2009-1
Exhibit "A"
Property Line Description Tract IV
_ All that tract or parcel of land lying and being in Land Lot 177 of the 18th District,
2nd Section, Cobb County, Georgia, and being more particularly described as
follows:
Beginning at the northwesterly comer of Land Lot 177;
thence along the westerly line of Land Lot 177 South 00 degrees 29 minutes 00
seconds East, 379.55 feet to a point;
said point being the POINT OF BEGINNING;
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thence leaving said westerly Land Lot Line South 84 degrees 57 minutes 00 seconds
East, 631.66 feet to a point;
thence North 11 degrees 12 minutes 00 seconds East, 34.48 feet to a point;
thence South 71 degrees 43 minutes 00 seconds East, 150.00 feet to a point on the
northwesterly right-of-way of Oakdale Road;
thence along said northwesterly right-of-way South 29 degrees 33 minutes 37
seconds West, 90.30 feet to a point;
thence leaving said northwesterly right-of-way North 87 degrees 47 minutes 41
seconds West, 733.32 feet to a point on said westerly Land Lot Line;
thence along said westerly Land Lot Line North 00 degrees 29 minutes 00 seconds
West, 119.17 feet to a point;
said point being the POINT OF BEGINNING;
Said tract comprises 1.65 acres, more or less.
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