11-19-2012 November 19, 2012Mayor and Council Meeting
November 19, 2012
All Council members were present except for Councilwoman Pritchett. Also present were City
Administrator Eric Taylor, Assistant City Attorney Jeffrey Tucker, City Clerk Susan Hiott, Assistant City
Administrator Tammi Saddler Jones , Executive Assistant to the Mayor and Council Christy Ullman,
Community Development Director Ken Suddreth, Finance Director Toni Jo Howard, Library Director
Michael Seigler, Police Chief Stan Hook, Fire Chief Jason Lanyon, Keep Smyrna Beautiful Director Ann
Kirk, City Planner Rusty martin, Management Fellow Jessica Melton and representatives of the press.
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was
called to order by presiding officer Mayor Max Bacon at 7:34 o'clock p.m.
Mayor Bacon acknowledged the Associate Pastor from the International Gospel Outreach Church, who
conducted the invocation and led all present in the pledge to the flag.
2. AGENDA CHANGES
Mayor Bacon stated that item 6(F) would be tabled and that 8(B) would be put out for bid.
3. MAYOR'S REPORT:
MMW (A) Presentation of June 30, 2012 Financial Audit
Finance Director Ms. Howard introduced audit firm representative Tammy Galvis, who recognized the
individuals involved in the process and presented a report on the results. Ms. Galvis made known that
initially an unqualified statement was issued and presented summary results slides on the general fund,
unreserved fund balance activity, water and sewer fund. The Mayor asked if there were any questions and
stated that the audit was publically available.
Mayor Bacon noted that Councilwoman Pritchett was absent due to illness.
The Mayor recognized Senator Hunter Hill, who thanked the Council and those voters that supported him
during the election. He stated his enthusiasm to work with local constituents and representatives to increase
Smyrna's economic presence. Councilman Lnenicka requested that Senator Hill provide his contact
information and he offered the email hunt er(avotehunterhill.com which would be his primary until he was
issued an official senate email. He also made known that he could be reached at 770 - 855 -2454.
Councilman Fennel noted that Senator Hill would be listed as "(R) Smyrna" in the official directory.
4. LAND ISSUES /ZONINGS /ANNEXATIONS:
(A) Public Hearing- Zoning Request Z12 -006 - (no vote at this time) Rezoning from RM -12 and NS (Cobb
County) to RM -15- Conditional (Smyrna) - 21.69 Acre Tract - Land Lot 663 - Davie Circle and Roswell
paw Street - Regency Square Apartments, LLC and Virginia C. West, L.C. (AB)
Mr. Taylor read aloud and provided the background. Mayor Bacon stated that this was a public hearing and
called for comment. There was none.
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November 19, 2012
Mr. Suddreth noted that the R15 redevelopment classification had been discussed by staff and Council over •�
the past couple of years and stated requirements. He observed that this project met the necessary
qualifications. Additionally, it was stated that the property was adjacent to the City so an annexation was
involved. Mr. Suddreth shared that the Planning and Zoning Board had reviewed this item and
recommended approval. He stated that the zoning change would have conditions and require land use plan
modifications. Mr. Suddreth displayed a map of the site and the proposed site plan, including access points.
It was made known that there was an encroachment into the city stream buffer and that the mitigation to be
provided was more than twice the required amount. The proposed building elevations and current site
conditions were shown. Mr. Suddreth announced that staff recommended approval with standard conditions
applicable -nd the attached special conditions.
Mr. Suddreth shared that the petitioners were the first to utilize the R15 rezoning and Mr. Taylor stated for
the record that the County had no objections to the annexation.
Mr. Kevin Moore announced that he was present on behalf of the applicants and stated he would be
presenting both the rezoning and annexation requests in one presentation. Mr. Moore noted the deplorable
current condition of the Regency Square Apartments and explained that the applicant was an established
and respected developer that had been working towards redeveloping this site for several years. Mr. Moore
detailed the requirements that the applicant would meet to comply with the new zoning and confirmed the
petitioner's commitment to the project. He called on the developer, Mr. Mark Keppler, who displayed
similar projects and provided information about building materials, square footage, stylistic elements,
garages and amenities. Mr. Moore opined that Quintus was the ideal leader to redevelop this site based on
their history, track record and reputation. It was confirmed that all special stipulations were agreeable and
that the site plan had been extensively reviewed with changes included in the plan displayed.
Mayor Bacon brought up the apartment moratorium and expressed his concerns about long term
maintenance. He mentioned the successful upkeep of another Quintus property and requested assurances
that the same level of commitment would apply to this development. There was discussion about the
undesirable option of leaving the apartments in their current sate, the negotiations for the property and the
ability of Quintus to maintain an attractive complex.
Councilman Lnenicka inquired if the owner and developers were agreeable to all 19 stipulations and they
concurred. There was discussion about amenities and improvements to common spaces as noted in
stipulation #2. Mr. Keppler emphasized the desire for a walk able community and highlighted plans
including a prominent clubhouse and potentially a gazebo, dog park or walking trails throughout the stream
buffer.
Councilman Lnenicka requested that stipulation 115 be altered so that the green space requirement could not
be waived by the City Engineer. Mr. Keppler stated his willingness to work with the City and there was
discussion about connecting the complex to City infrastructure.
Councilwoman Blustein inquired if the clubhouse would feature green elements. Mr. Keppler explained
that energy saving features would be incorporated even if the building was not officially LEED certified.
(B) Annexation request (100% of owners requesting annexation) - (Ordinance 2012 -20) Land Lot 663, 17"
District, 2nd Section, Cobb County, 0.35 acres of Parcel 3, 20.587 acres of Parcel 4, and 0.730 acres of
Parcel 5, total 21.69 acres, Davie Circle and Roswell Street - Regency Square Apartments, LLC and
November 19, 2012
Virginia C. West, L.C. (AB)
MOTION: Councilwoman Blustein moved to approve annexation request - ordinance 2012 -20 Land Lot
663, 17th District, 2nd Section, Cobb County, 0.35 acres of Parcel 3, 20.587 acres of Parcel 4, and 0.730
acres of Parcel 5, total 21.69 acres, Davie Circle and Roswell Street - Regency Square Apartments, LLC
and Virginia C. West, L.C. Motion was seconded by Councilwoman Anulewicz.
Councilman Lnenicka clarified that the property would be annexed into Ward 2, effective 12/1/2012.
Motion was approved 6 -0 with Councilwoman Pritchett absent.
(C) Final vote - Rezoning Request Z 12 -006 - Rezoning from RM -12 and NS (Cobb County) to RM -15-
Conditional (Smyrna) - 21.69 Acre Tract - Land Lot 663 - Davie Circle and Roswell Street - Regency
Square Apartments, LLC and Virginia C. West, L.C. (AB)
MOTION: Councilwoman Blustein moved to approve Rezoning Request Z12 -006 - Rezoning from RM -12
and NS (Cobb County) to RM- 15 -Conditional (Smyrna) - 21.69 Acre Tract - Land Lot 663 - Davie Circle
and Roswell Street — Regency Square Apartments, LLC and Virginia C. West, L.C. in Ward 2. Motion was
seconded by Councilman Lnenicka.
Councilman Lnenicka clarified that the approval included the 19 staff recommended stipulations and two
clarifications discussed and agreed upon during the public hearing. Councilman Lnenicka stated for the
record his appreciation of Mr. Keppler's commitment to bringing that property into the City and
redeveloping the site. He noted successful partnerships with Mr. Keppler's company in the past and stated
his confidence in the project. (See exhibit "A" Standard Conditions and Special Conditions)
The item was approved 6 -0 with Councilwoman Pritchett absent.
(D) Public Hearing- Zoning Request Z12 -007 - Approval of a rezoning from RHR- Conditional to RMC -8-
Conditional - 9.64 Acre Tract - Land Lot 592 - Trellis Subdivision on Roswell Street - Coro Realty
Advisors, LLC (TA)
Mr. Taylor provided the background to demolish the existing apartments and construct a subdivision. The
item was heard by the Planning and 'Zoning Board on November 12, 2012 and approved 7 -0. Mr. Taylor
stated that staff recommended approval.
Mayor Bacon announced the public hearing and asked anyone present wishing to be heard to come forward
and be sworr, in.
Councilwoman Anulewicz called on Mr. Suddreth, who displayed the zoning and future development
maps, building elevations and recommended changing the classification to RMC8 to better reflect the scope
of the new project. He noted that the previous classification had included high rises and higher density. Mr.
Suddreth explained that there were two different styles and that zoning commission and staff both
recommended approval with standard conditions. He highlighted the specific conditions that would apply
to that development and explained that they were all contained within the letter included in the agenda
packet. Mr. Suddreth elaborated that the contents of that letter had been extensively reviewed internally as
well as with neighbors of the proposed development.
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November 19, 2012
Councilwoman Anulewicz called on Mr. Garvis Sams of Sams, Larkin and Huff and Mayor Bacon
recognized the Coro Realty representatives present in the audience. Mr. Sams stated that he represented the --
applicant and introduced builder Mr. Warren Jolly and the advisors from Coro Realty. Mr. Sams explained
that the market did not support additional townhomes in that location and that RMC8 classification would
be the most appropriate. He cited that it was originally zoned for 119 units and was being reduced to 76
units, subject to the stipulations proposed by staff as well as additional stipulations contained in the letter
he submitted. Mr. Sams extended his appreciation to the members of the William's Park neighborhood for
their cooperation and input and to Councilwoman Anulewicz for her role as a facilitator. He summarized
the stipulations contained in the aforementioned letter and noted it was included in the agenda packet. Mr.
Sam's shared that there would be a variety of home styles to accommodate a blending with the adjacent
neighborhood. He stated that no signage would include the Williams Park name and there would be
limitations on the percentage of properties available for lease. He elaborated that the recreational areas
would have amenities and the HOA would have input on those items along with a landscaping plan
determined by agreement between the builder and community development. There was discussion about
agreement with the City's terms regarding construction traffic and transportation issues of the City. In
addition, it was noted that in circumstances planned around existing infrastructure minor modifications
could be approve by Mr. Suddreth, in concert with the Ward 3 Councilmember and input from the
developer and a representative of the Williams Park community. Mr. Sams submitted that the amendment
was appropriate from a land use standpoint and had received a recommendation from staff and the Planning
& Zoning Board. He requested approval of the item.
Councilman Fennel inquired about the development of an amenities package being postponed in order to
gather input from the HOA. Mr. Sams explained that pockets of community space that would be owned and
controlled by the HOA so it followed that they have a say in improvements. The Councilman questioned if
not having amenities in place during the initial selling phase would have a negative impact on sales. He
inquired what percentage of build out would be needed to make determinations on common space
amenities. Mr. Jolly gave examples of similar developments and explained that as spec home builders they
wanted the input from homeowners purchasing around the open spaces. It was clarified that consideration
should be given to limiting the City Engineer's ability to remove green space. It was noted that common
space development would be the decision of the HOA and that the builder's decisions were based on
feedback from buyers.
Lem Ward of 1496 Spring St. stated for the record that Coro, Providence Group and Mr. Sams had
cooperated greatly with the Williams Park neighborhood. He recognized that. Mr. Ward had referenced the
revised stipulations letter and requested confirmation that all standard stipulations still implied. He stated
his concern Gbout a springing zoning effect and expressed his desire that the property remain RMC8 unless
reviewed by Council. Mr. Ward requested confirmation that condition 28 could not be used to supersede or
change conditions set forth in the letter. He added that he would like to see Spring St. added to condition
22C in order to avoid congestion around the railroad tracks.
Councilwoman Anulewicz noted that acceptable traffic routes included Hawthorne Street or Roswell St
from Windy Hill. She inquired about the option of masters on the main in the new homes. The builder
relayed that none had been planned but, if requested, could be accommodated on some of the larger lots.
There was discussion about the lot sizes limiting the type of floor plans that could be offered.
Councilwoman Anulewicz recognized the unusual circumstance in condition 28 of having a Ward sow
representative included in the modification process and stated her comfort with that stipulation due to the
high level of trust between all parties. She noted that City staff was ultimately responsible for all
November 19, 2012 5
determinati -nns and that she was agreeable to Mr. Suddreth removing the wording to prevent the removal of
green spaces simply because it was possible.
Councilwoman Wilkinson made known her concerns about wording that allowed the grass buffer to be
waived. Mr. Suddreth clarified that staff made such determinations and that the City Engineer had latitude
to deal with on site issues.
Councilman Lnenicka requested that the last sentence be deleted from staff stipulation #6, consistent with
the precedent set in the plans for Coro Regency. He inquired about price points and Mr. Jolly responded
that the base levels would be in the mid to high 200's with approximately 2300 square feet of living space.
There was discussion about the length of the driveways and the need to prevent vehicles from extending
into the roadways. It was explained that the driveways were designed to accommodate larger vehicles with
a large guest parking lot. Mr. Jolly made known that the plans were developed specifically for this property
and required all exteriors to be maintained by HOA.
Councilman Lnenicka asked what party was responsible for maintaining the 6' opaque fence on the
adjoining property lines as defined in stipulation #17. Mr. Jolly explained that it was a perimeter fence and
that all internal fences were ornate or metal so no maintenance was necessary. There was discussion about
the staggered footprint design contained in item #5. Clarification was provided on the definition of such
and the desire to blend with the existing community by offering a variety of floor plans and elevations. The
Councilman stated his agreement with that intent and approved Mr. Sam's proactive statement about green
spaces. Mr. Jolly elaborated on potential green space options that might include a gazebo, outdoor fireplace
or arbor and bench. He noted the space was not large enough to accommodate a pool. Councilman
Lnenicka asked if the intent was to have the builder fiend the amenities by accruing funds through the HOA
or to assess owners. Mr. Jolly explained that the funds are already set aside and that the builder would
maintain those areas temporarily before turning over to HOA. There was discussion about estimated costs
of potential amenities.
Councilman Lnenicka brought up construction traffic and stated that City ordinances governed which
streets were allowed to be travelled and detailed routes. Mr. Jolly said that routes would be reviewed with
all construction personnel. There was discussion about the turn radii of various vehicles and that crossing
the railroad tacks and travel down certain streets should be avoided. Councilman Lnenicka questioned the
need to restrict work on Sunday if it did not violate a noise ordinance. Mr. Jolly stated it was his preference
not to ask people to work on Sundays unless it involved emergency work. Councilman Lnenicka requested
that Councilwoman Anulewicz consider modifying that condition.
Councilman Lnenicka noted that on the site plan attached with Mr. Sam's letter it stated that electrical and
gas services would be provided by the City of Smyrna. He shared that the City did not offer those services
and could not honor that statement. Mr. Jolly agreed those would be supplied by local providers.
Mr. Sams shared that in paragraph 10 it was noted that the mandatory fences were covered by the HOA to
ensure uniformity. Councilman requested that in stipulation 27 the wording "may" instead of "should" be
utilized. He stated his disagreement with stipulation 28 that a Ward representative be part of the
modification process as it could set a precedent that overruled staff control and potentially raise concerns of
propriety. Mr. Sams shared that such agreements were being instituted with the intent to assure residents
that their representatives were engaged in the process. The Mayor stated that staff would usually notify
representatives of changes and that he did not have any concerns about the Councilwoman's involvement.
Councilwoman Blustein praised Mr. Jolly for not requiring workers to come in on Sunday. She stated her
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November 19 -2012
position that the Ward 3 representative would fine helping out on minor decisions. Williams Park resident
Mr. Ward clarified that the wording was included that all parties had notice and explained that the intent —*"
was not to usurp power from Mr. Suddreth. Councilman Lnenicka asked for clarification and agreement
that staff stipulations would prevail over those included in Mr. Sams' letter and Mr. Sams read aloud the
instance under 13 E the one item that might be deviated from on agreement from all parties.
Councilwoman Anulewicz stated that it had been a collaborative process, addressing the concerns of the
community and establishing ongoing dialogue. She made lalown her excitement at adding additional
families to the heart of Ward 3 and that the development would build upon what made Williams Park such
a special place.
MOTION: Councilwoman Anulewicz moved to approve zoning request Z12- 007from RHR- Conditional to
RMC -8- Conditional - 9.64 Acre Tract - Land Lot 592 - Trellis Subdivision on Roswell Street - Coro
Realty Advisors, LLC with the changes discussed that evening (See Exhibit "B" Stipulations and
Conditions and Exhibit "C" Letter of November 15, 2012). Motion was seconded by Councilman Fennel.
Councilman Lnenicka thanked the applicants for working with the City to move forward with their projects
during tough economic times. Motion was approved 6 -0 with Councilwoman Pritchett absent.
(E) Public Hearing - Zoning Request Z12 -008 - Modification of currently approved site plan - 4.35 Acre
Tract - Land Lot 379 - 661 Church Road - Primrose of Smyrna West (SW)
Mayor Bacon confirmed the presence of the applicant and Mr. Taylor provided the background on the ,
daycare expansion at that location. He stated that staff recommended approval. The Mayor stated that this
was a public hearing and called for comment. There was none.
Mr. Suddreth shared that this was an amendment to an existing site plan specifically to modify the footprint
of the building. He noted that there were no changes to the zoning or future development maps and
displayed images of the proposed elevations, layout and displayed photos. Mr. Suddreth elaborated that all
existing conditions would roll over and that there would be a mix of building materials consistent with the
original build. Mr. Suddreth stated that item 23 had been deleted and that items 24 and 25 bound the new
site plan and elevations and were in compliance with the city ordinances. Councilwoman Wilkinson
confirmed that the impervious surface was not excessive and no encroachments into the stream buffer
existed. Mr. Suddreth shared that the original construction included more than the minimum requirements
so there was no concern of violations.
Mayor Bacon called on architect Mark Pavey and owner David Hebert, who noted the success of the school
and the purpose of the addition. The Mayor inquired if it was a franchise and it was explained that it was.
There was discussion about enrollment. Councilwoman Wilkinson noted that she had spoken with Mrs.
Hebert and confirmed that the overflow parking lot could be used during construction.
MOTION: Councilwoman Wilkinson moved to approve Zoning Request Z12 -008 - Modification of
currently approved site plan - 4.35 Acre Tract - Land Lot 379 - 661 Church Road - Primrose of Smyrna
West. Motion was seconded by Councilman Fennel and approved 6 -0 with Councilwoman Pritchett absent.
(See Exhibit "D" Stipulations and Conditions) am"
(F) Public Hearing- Approval of Ordinance 2012 -24, amending Article VII, Section 714, Light Industrial,
City of Smyrna Zoning Code, related to pet grooming and boarding services - (AB)
November 19.2012
MOTION: Councilwoman Blustein moved to table until December 3, 2012 Public Hearing- Approval of
Ordinance 2012 -24, amending Article VII, Section 714, Light Industrial, City of Smyrna Zoning Code,
related to pet grooming and boarding services. Motion was seconded by Councilman Fennel and approved
6 -0 with Councilwoman Pritchett absent.
(G) Public Hearing- Approval of Ordinance 2012 -25, amending Article VII, Section 714, Light Industrial,
of the City of Smyrna Zoning Code, related to indoor recreational facilities - (AB)
Mayor Bacon called on Mr. Taylor who provided the background and that staff recommended approval.
The Mayor stated it was a public hearing and called for comment.
Tim Burrows, representative of Game Changers, introduced his youth program being instituted in the City
of Smyrna. Mr. Burrows shared that the motto was to change the mindset and attitude of a child, one
dribble at a time. He outlined how using basketball to teach hard work, dedication and commitment would
provide opportunities and mentorship for underserved children. Mr. Burrows shared his background and
goal to give back to the community by motivating children to succeed.
Councilman Lnenicka stated that he was excited about the program and looked forward to its success. Mr.
Suddreth read aloud the conditions.
MOTION: Councilwoman Blustein moved to approve Ordinance 2012 -25, amending Article VII, Section
714, Light Industrial, of the City of Smyrna Zoning Code, related to indoor recreational facilities. Motion
was seconded by Councilman Lnenicka.
Councilman Welch commended his initiative and wished him success.
The item was approved 6 -0 with Councilwoman Pritchett absent.
5. PRIVILEGE LICENSES:
The Mayor stated that there were none.
6. FORMAL BUSINESS:
(A) Public Hearing- Approval of a Resolution 2012 -10 authorizing the adoption and transmittal of the 5-
Year Update of Smyrna's 2030 Comprehensive Plan to the Atlanta Regional Commission and the Georgia
Department of Community Affairs - City of Smyrna (AB)
Mr. Suddreth stated that this was the second step of the approval process. He elaborated that there were no
changes to the original plan and that staff recommended approval. The Mayor confirmed that the document
was publically available and Mr. Suddreth noted it was on file at Community Development.
MOTION: Councilwoman Blustein moved to approve Resolution 2012 -10 authorizing the adoption and
transmittal of the 5 -Year Update of Smyrna's 2030 Comprehensive Plan to the Atlanta Regional
Commission and the Georgia Department of Community Affairs - City of Smyrna. Motion was seconded
by Councilman Fennel and approved 6 -0 with Councilwoman Pritchett absent.
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November 19. 2012
(B) Mayor's Appointment to Keep Smyrna Beautiful Board - Liz Davis
Mayor Bacon shared that the former, long - standing appointees could no longer accept the responsibility
and announced his nomination of Liz Davis to the Board of Keep Smyrna Beautiful.
MOTION: Councilwoman Anulewicz moved to approve Liz Davis as the Mayor's Appointment to the
Keep Smyrna Beautiful Board effective for a term to expire 12/31/2015. Motion was seconded by
Councilman Fennel and approved 6 -0 with Councilwoman Pritchett absent.
(C) Mayor's Reappointment to Tree Board - Carl Valenzano
MOTION: Councilwoman Anulewicz moved to approve the Mayor's reappointment of Carl Valenzano to
the Tree Board for a term to expire August, 2016. Motion was seconded by Councilman Fennel and
approved 6 -0 with Councilwoman Pritchett absent.
Councilwoman Anulewicz shared that the Valenzanos were celebrating the recent birth of their daughter.
(D) Appointment to Hospital Authority- Ward 5 - Bonnie Berry (SW)
MOTION: Councilwoman Wilkinson moved to appoint Bonnie Berry to the Hospital Authority for a term
to expire May 2016. Motion was seconded by Councilman Lnenicka and approved 6 -0 with
Councilwoman Pritchett absent.
7. COMMERCIAL BUILDING PERMITS:
The Mayor stated that there were none.
8. CONSENT AGENDA:
Mr. Taylor read aloud the consent agenda.
(A) Approval of November 5, 2012 Mayor and Council Meeting Minutes
(B) Approval of an amendment to the FY 2013 CIP for a Parks and Recreation Master Plan in the amount
of $40,000
(C) Award 2012 CDBG Community Center ADA Wheelchair Lift Replacement Project to Centennial
Contractors Enterprises in the amount of $33,838.80 (state contract) and authorize Mayor to execute any
related documents
(D) Approval of Right of Way Deed for Belmont Hills Connector Project and authorize Mayor to sign and
execute document
(E) Approval to use Council Chambers on December 13, 2012, 6:30 p.m., for annual Smyrna Market
Village Homeowners Association Meeting
November 19, 2012 9
(F) Approval to modify the City holiday schedule to declare Monday, December 24th as an official City
holiday.
MOTION: Councilman Fennel moved to approve the Consent Agenda as presented. Motion was seconded
by Councilman Welch and approved 6 -0
9. COMMITTEE REPORTS:
The Mayor wished everyone a Happy Thanksgiving and congratulated Jay Wallace on his recognition as
the Smyrna citizen of the year. Mayor Bacon mentioned Smyrna resident and comedian Mike Steamberg,
who he had the opportunity to see perform at the Punchline. He encouraged all present to consider going.
Mayor Bacon extended his condolences to the family of Bob Ash on his recent passing.
Councilwoman Blustein called on Ken Suddreth, who delivered a report on Community Development's
positive trends. Councilwoman Blustein stated her excitement about the large number of construction
projects starting or resuming in the City and wished all a Happy Thanksgiving.
Councilwoman Anulewicz stated that there was no report from Community Relations. Finance Director
Ms. Howard delivered a summary of tax revenue collection and announced a successful parallel payroll test
on the Munis system as well as an overall integration update.
Councilwoman Anulewicz referenced the rezoning and annexations around the Five Points area. She
opined that the location had been primed for a renaissance prior to the economic downturn and expressed
that she saw the activity as the impetus to bring further development to that area. Councilmember
Anulewicz expressed her gratitude to the developers.
Councilman Welch recognized Ms. Kirk, who informed all that and honorary life membership had been
extended to former Tree Board Representative Ms. Brissey. She announced details about Jonquil sales and
noted that used cooking oil was accepted at the recycling center. Ms. Kirk provided information for those
that required paint disposal and shredding services. Public Works Director Mr. Stokes stated that cooking
oil was picked up curbside as well. He announced the start date of the bio- diesel plant and provided the
Thanksgiving holiday sanitation schedule. Mr. Stokes made known the current road closures, improvement,
water, sewer and landscaping projects. There was discussion about the new lighting along Atlanta Rd. and
Councilman. Welch reminded all about the optimist pancake flipping event at the First Methodist Church.
Councilwoman Wilkinson acknowledged the passing of Betty Clayton and extended her condolences to the
family. Mr. Seigler delivered a report on the current events and exhibits at the library. He announced the
drop in craft activity and upcoming movie showing. There was discussion about the ebooks collection
expansion and the titles available. Parks and Recreation Director Mr. Ciaccio offered an update on the
Coming Home for the Holidays, Tree Lighting festival, Christmas at Brawner and the upcoming free
concert by the 116th band.
Councilman Lnenicka stated that there were no reports from Human Resources or Court Services. He
thanked those that participated in or attended the Veteran's Day events and provided details of those
activities. He noted that Human Resources Director Ms. Bolick had taken part in a production at the USO
and commended her performance. He expressed his appreciation to Forest Hills Preservation and Oak
Ridge Estates for inviting him to their HOA meetings. Councilmember Lnenicka thanked the Tree Board
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November 19, 2012
for their plantings at Campbell Middle School and echoed Mr. Ciaccio's announcement about the holiday
concert, inviting all to attend. He wished Councilwoman Pritchett a speedy recovery and everyone a Happy
Thanksgivin .
Councilman Fennel offered his condolences to the family of Bob Ash and commented on his personal
interactions with him, noting his contributions to the community. Chief Hook presented October statistics
for the police department, including the arrest of a bank robber. The Chief offered status updates on injured
Officer Maynard and his return to administrative duty where he was successfully solving crimes. There was
discussion about recent promotions and transfers within the department. Chief Acree commented that those
frying turkeys take appropriate precautions and reviewed proper safety procedures. Councilman Fennel
encouraged all to take the opportunity to thank public safety personnel.
There were no further reports
10. SHOW CAUSE HEARINGS:
Mayor Bacon stated that there were none.
11. CITIZEN INPUT:
Mayor Bacon stated that there were none.
12. ADJOURNMENT:
With no further business Mayor Bacon declared the meeting adjourned at 10:24 pm.
"EXHIBIT A"
Z12-006 Standard Condition and Special Conditions
Revised to include changes and clarifications from the November 19, 2012 Mayor and Council Meeting.
Zoning Request: Z12 -006 — Rezoning of the subject property from RM -12 & NS to RM -15-
Conditional.
Standard Conditions
(Requirements 42, 3, 8, 16 and 17 from Section 1201 of the Zoning Code are not applicable)
The composition of the buildings within the development 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 buildings who abut external roadways shall not
be permitted to utilize hardy plank for any elevation facing these roads.
2. 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 development such as: gazebos,
fountains, recreational /playground equipment or walking trails. The common space shall be
controlled and maintained by the management company.
3. 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 100 -year storm event. The City Engineer shall
• approve all plans.
4. All utilities within the development shall be underground.
5. 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.
6. 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.
7. The development of any streets (including private) shall conform to the City's standards for
public right -of -ways.
8. No debris may be buried on any lot or common area.
9. 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 ".
10. 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.
11. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances.
12. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
Special Conditions
13. The development shall maintain the following setbacks:
Minimum Front — 50'
Minimum Side — 45'
Minimum Rear — 40'
14. The trash compactor shall be appropriately screened with a three sided brick enclosure.
15. The developer shall be responsible for the installation and upgrade of all water and sewer
lines.
16. The proposed development shall provide two means of access to the site. The City's Fire
Marshal shall review and approve all access to the site.
17. Mitigation of the ±14,467 square foot encroachment into the 50 -foot undisturbed stream
buffers must be provided at a rate of 1:1 elsewhere on site along the same stream. A separate
mitigation site plan must be submitted for approval prior to issuance of a land disturbance --*+
permit.
18. The proposed development shall conform in substantial compliance to the site plan submitted
9 -7 -2012, titled Regency Square Redevelopment and created by Lancaster Associates, Inc..
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.
19. The proposed development shall conform to the building elevations submitted 9 -7 -2012, titled
Regency Square Redevelopment and created by Lancaster Associates, Inc. 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.
"EXHIBIT B"
Z12 -007 Standard Condition and Special Conditions
Revised to include changes and clarifications from the November 19, 2012 Mayor and Council Meeting.
Zoning Request: Z12 -007 — Rezoning of the subject property from RHR- Conditional to RMC -8-
Conditional and modification of the currently approved site plan and building elevations.
Standard Conditions
(Requirements #2, 8, 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.
2. There shall be protective covenants with a mandatory homeowners association 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. This common
space shall be developed with improvements for the residential subdivision 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 homes
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 100 -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 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.
7. A strip of brick pavers or stamped concrete shall be installed on the street at the subdivision
entrance for a minimum distance of 20 feet.
8. T'ie development of any streets (including private) shall conform to the City's standards for
public right -of -ways.
9. No debris may be buried on any lot or common area.
10. 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
tLe use of "full- cutoff lighting ".
11. 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.
12. All landscape plans must be prepared, stamped, and signed by a Georgia Registered Landscape
Architect for any common areas or entrances.
13. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
14. All single - family and /or duplex residential lots shall provide the following at the time of
certificate of occupancy: either four 3" caliper trees or three 4" caliper trees, unless otherwise
approved by the City's Arborist. The following species of trees may be used: Nuttall Oak,
Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be used if
approved by the City.
Special Conditions
15. The development shall maintain the following setbacks:
Exterior Front — 10'
Interior Front — 10'
Side— 5' with a minimum of 10' between buildings
Rear — 10'
16. A 10' landscape strip shall be provided and maintained along all exterior adjoining property
lines (between the subject property and a contiguous property).
17. A six -foot tall opaque fence shall be installed and maintained along all exterior adjoining
property lines (between the subject property and a contiguous property). The subdivision
HOA shall maintain fence.
18. The developer shall be responsible for any additional right -of -way dedication to maintain a
25' distance from the centerline of Roswell Street, Whitfield Street, Mathews Street and
Windy Hill Place.
19. The reduction in detention mentioned in stipulation #4 shall be based on natural conditions.
20. The approval of the zoning amendment and rezoning is subject to the stipulations agreed
upon by the applicant in the letter submitted and dated November 15, 2012 by Garvis Sams
with Sams, Larkin, and Huff, LLP.
21. Construction traffic must use city designated truck routes. The use of Mathews Street, Spring
Street, Whitfield Street and Roswell Street (south of the subdivision) for construction traffic
shall be prohibited. Construction traffic shall enter the site from either Hawthorne Avenue to
Roswell Street or Windy Hill Street to Roswell Street.
November 19, 2012 Mayor and Council Meeting
A. MAX BACON, MAYOR SUSAN D. HIOTT, CITY CLERK
- q'llzpm� �'� -
ARI ANULEWICZ ARD 3
SUSAN WILKINSON, WARD 5
RIO FENNEL, WARD 7
ANDREA BLUSTEIN, WARD
CHARLES AWELCH, .•D,
.I WA .' ` ' � •
G ?.RVIS L SAMS, JR.
.7,7, 11 L_ LiRKN
PARkS F :BUFF
;AivLS A. R:�I.L,
JUSTIN H. NIEEKS
VIA ENTAIL AND
HAND DELIVERY
SANS, LARKIN & HLFF
A iIM'TED ? A$IL TY PAR_'NERSH1P
_00
375 ?C',DER SPRINGS STREET
MAR:ET. —A, GECFGrA 30064 -3443
Mr. Ken Suddreth, Director
Community Development Department
City of Smyrna
3180 Atlanta Road
Smyrna, GA 30080
EXHIBIT `-C"
Z12 -007 — November 19, 2012
Mayor and Council Meeting
TELEPHCNE
-- 0.4_6.6583
FgCS[MiL'c
SAMSLARKNH L FF. C"M
Re: Application of Coro Realty Advisors, LLC for a Zoning Amendment concerning a
9.634 Acre Tract (No. Z12 -007)
Dear Ken:
As you know, this firm represents Coro Realty Advisors, LLC ( "Coro ") concerning the
above - captioned Application for Rezoning. Additionally, we represent The Providence Group of
Georgia, LLC ( "Providence ") which will be the builder with respect to the proposed residential
community. The Application was recently heard and unanimously recommended for approval
by the City of Smyrna Planning & Zoning Board on November 12, 2012 and is now scheduled to
be heard and considered for final action by the Mayor and City Council on November 19, 2012.
During the pendency of the Application, we have established a dialogue with the City's
professional staff and adjacent area residents in the Williams Park community. The Zoning
Amendment Application seeks a downzoning of the subject property from Conditional RHR to
Conditional RMC -8 for the purposes of revisions to the previously approved site plan for the
purposes of constructing a single - family, detached residential community consisting of a total
number of seventy -six (76) homes at a significantly reduced density.I
In keeping with the direction which we have received from the Planning & Zoning Board
and the City's staff and based upon our dialogue with members of the Williams Park community
aLu Vu1G1 al-a 1G, lW%.11LJ GLLlu Flufj C,l L5 V Vv ll�.i J, 1.11iJ 1liLL\.l YY lti :J \.1 �v �. CLJ 1115' l Iii 11LJ, LI11111..JJ1 Vll Vl
agreement with the following stipulations 'which shall become conditions and a part of the grant
of the requested Zoning Amendment and binding upon the subject property thereafter.
The previously appro- ed Townhome development from 2006 included a total of une- hundred nineteen (1 19)
attached homes (Z06 -018 & Z06 -045).
SAms, LARKIN & HUFF
A LItiIIT_D LLA- BILITY PARTNERSHIP
VIA EMAIL AND
HAND DELIVERY
Mr. Ken Suddreth, Director
Community Development Department
City of Smyrna
1'1V YVL1IVV♦ 1./, �.V ac.
Page 2
The revised 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 concerning the property which constitutes the subject matter of the above - captioned
Zoning Amendment Application.
2. The subject property shall be developed in substantial conformity to that certain revised
Zoning Site Plan, dated October 12, 2012, prepared by Essential Engineering Services
( "EES ") for Coro Realty Advisors, LLC which was submitted to the Community
Development Department on November 9, 2012.
3. The specific use proposed for the proposed residential community is a single family,
detached, master - planned residential community consisting of a maximum number of
seventy -six (76) homes at a maximum density of 7.9 units per acre.
4. The homes shall be a maximum of three (3) stories in height and shall range in size from
a minimum of 1,950 sq. ft. to 2,800 sq. ft. and greater.
The architectural style and composition of the homes as well as the floor plans shall be in
substantial conformity to the renderings /elevations and floor plans submitted to the
Community Development Department under separate cover on October 25, 2012 and
which are being resubmitted contemporaneously herewith. The homes shall include a
mixture of components on each side consisting of brick, stacked stone, stucco, hardy
plank and hardy plank shake.
In addition to the above - described architectural style and composition, there will also be a
mixture of architectural elements including, but not limited to, a variety of
complementary colors, a variety of porch configurations, differing placements of
windows, dormers and staggered house footprints at various locations throughout the
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"Whitfield Street. V
The creation of a mandatory homeowners association and the submission of Declaration
of Covenants, Conditions and Restrictions which shall include, among other components,
strict architectural controls.
Subdivision entrancee signage, which shall be located on Roswell Street, shall be
temporary in nature, that i,, said signage shall be removed after the construction, build-
SANS, LARKIN & MUFF
hPTED IiABI-I� - ?ARTtiERSHTD
IA EN AFL AND
HAND DELI TRH
Mr. Ken Suddreth, Director
Community Development Department
City of Smyrna
Page 3
out and sell -out of the residential community. However, the entrance to the community
shall constitute a "presence" in the form of aesthetically pleasing and distinctive
landscaping and hardscape in keeping with the Williams Park community. The name
"Williams Park" will not be utilized in naming the proposed residential community.
All of the homes shall be "for sale" only. At any one time, no more than ten percent
(10 %) of the homes shall be leased by the Owners. A recital shall be contained within
the Declaration of Covenants ensuring same with said Covenants being submitted to the
City prior to the issuance of building permits.
Open space areas within the community, in accordance with the Zoning Site Plan, shall
be owned, maintained and controlled by the mandatory homeowners association. These
common space areas shall be used primarily for recreational purposes; however, they
also may include such features as gazebos, benches and walking trails.
10. The mandatory homeowners association which shall be created shall be responsible for
the upkeep and maintenance of all common areas, landscaped areas, amenity areas,
walking trails, fences, streets and lighting and strategically located guest parking spaces
within the proposed residential community.
11. The residential community shall not be gated nor shall there be opaque privacy fences
within the development except, of course, with respect to the existing perimeter fence.
12. A third party management company shall be hired to manage the day -to -day operations
of the mandatory homeowners association. The third party management company shall
also be responsible for the management of all association monies and well as ensuring
that the association itself is properly insured.
• n • t ..l 1 .] 1 1� 1 1'11
i.i.
shall be submitted subject to the City Arborist's review and approval which shall include,
but not necessarily be limited to, The following:
a) The installation of vinyl coated chair link fence around the detention area which
shall be screened from view by evergreen vegetation.
b) All yards and common areas shall be sodded, landscaped and irrigated as
appropriate.
SAMS, LARKIN & HuFF
A LINUTED LIABILITY P IR NERSHIP
VIA ENLUL AND
H <kND DELIVERY
Mr. Ken Suddreth, Director
Corrimunity Development Department
City of Smyrna
�i�in�iam nPr � ii i f
Page 4
c) Hedgerows or other suitable vegetation utilized for screening and aesthetic
. purposes shall be installed at the terminus of each alley.
d) Coro and Providence shall ensure that the HOA maintains the health of the
landscaping through the use of proper irrigation of plant species, regular
maintenance of the landscaping and the replacement of vegetation which may be
diseased or dying.
e). The submission of a Tree Replacement Plan during the Plan Review process
which shall be submitted and reviewed prior to the issuance of Certificates of
Occupany. Coro and Providence will have the option of submitting said Tree
Replacement Plan(s) as the residential community is built in phases. The
Community Development Director in concert with the City's Arborist shall have
the authority to use their collective discretion to deviate from Standard Condition
No. 14 should circumstances warrant same.
14. All utilities within the residential community shall be located underground.
15. Signage interior to the residential community shall be themed to the architectural style
and composition as aforementioned and will not incorporate the name "Williams Park" in
any manner whatsoever.
16. The installation of decorative street lights throughout the residential community which
shall be themed to the architectural style as described above.
17. Electric and communications transformers shall be screened from public street views
through below -grade installation, landscaping or similar measures.
18. All mechanical and HVAC equipment shall be screened from public street views through
landscaping or other similar measures.
19. All trash and /or garbage receptacles shall be enclosed and/or concealed from public street
views.
S_ Ms, LARiCN & HUFF
L'_ IIM =D 1%3IL:TY PART`iERS IP
tiIA ENTAIL AND
HAND DELIVERY
Mr. Ken Sudcreth, Director
Community Development Depart cent
City of Smyrna
iV V Vl.11l V�+1 1J, GV 1G
Page 5
20. Subject to recommendations from the City of Smyrna Engineering Department
concerning hydrology /stormwater management and downstream considerations,
including the following:
a) Compliance with recommendations with respect to the existing on -site detention.
b) The detention facility shall be screened appropriately with vegetation and fenced
in order to be unobtrusive to homes inside and outside the residential community.
21. Subject to recommendations from the City of Smyrna Public Works Department with
respect to the availability and accessibility of water and sewer and all of the issues
attendant thereto.Z
22. Subject to recommendations from the City of Smyrna Engineering Department regarding
traffic/transportation issues, including the following:
a) The voluntary donation and conveyance of right of way on Roswell Street
twenty -five feet (25') from the centerline of same has been accomplished.
b) Sidewalks shall be constructed in phases or at the direction of the City as to the
timing for said construction along the subject property's frontage on Roswell
Street, Windy Hill Place and Whitfield Street.
c) Sidewalks shall be provided on at least one (1) side of the interior streets (not
including the alleys) within the proposed residential community.
d) The establishment of a ten foot (10') no access easement along the subject
property's respective frontages concerning vehicular traffic except, of course,
W 11I11GJ�JeIa lV Llll, cViliiiil.iility' o �-d Lt/ 10i ULcd U111�VJ VVI;ii OtieGL allu
Whitfield Street. However; this easement shalt in no way preclude or discourage
pedestrian connectivity and walkability.
e) During the construction and build -out of the proposes residential community,
construction trucks and other construction traffic shall not be allowed to traverse
The Applicant has received verification from the Director of Public Works that sewer and water are avai_able and
adjacent to the proposed resident.a' community.
&A -Nis, LARKIN & HUFF
A :bf; EE L:,>.B.LiTY PARTNERSE11
VIA ENL -kIL AND
HAND DELIVERY
h-Ir. Ken Suddreth, Director
Community Development Depart-rent
City of Smyrna
!VVVGL11UG1 LJ, 2V12
Page 6
or utilize Roswell Street nor shall they be allowed to utilize for a turn- around or
for other purposes the driveways of the quadruplexes located at 2665 & 2675
Windy Hill Place.
23. Construction hours during the build -out and development of the proposed residential
community shall be from 7:00 a.m. until 7:00 p.m, Monday through Friday and from 9:00
a.m. until 6 :00 p.m: on Saturdays. There will be no on -site construction allowed on
Sundays.
24. During the construction and build -out of the proposed residential community, the subject
property will be posted on Roswell Street and Whitfield Street frontages providing area
residents and other interested parties with the name, address, phone number and email
address of a 24 hour /7day per week construction contact.
25. Compliance with recommendations from the City of Smyrna Fire Department.
26. The proposed residential community shall maintain the following setbacks:
Exterior Front —
10 feet
Interior Front —
10 feet
Side Yard -
5 feet and
Rear Yard -
10 feet
10 feet between homes
27. In the event that the building of homes does not commence within twelve (12) months
from the date of the rezoning or should Providence and /or Coro determine that they are
not in a position to close on the subject property within twelve (12) months then, with the
happening of either of said events, the subject property shall revert to its original
Conditional RHR zoning designation pursuant to and in accordance with O.C.G.A.
g 36 -66 -i.
28. The Community Development Director; in concert with the V�'ard 3 City Council Member
and with input from the Developer and a representative of the Williams Park community,
shall have the authority to review and approve minor modifications to these stipulations as
well as the final site plan, landscape plan and the architectural style and composition of
the homes as the developmen; proposa' proceeds through the Plan Review process and
thereafter.
SAMS, LARKli & HUFF
A L_'MITED LTABILi T Y P.ART'JBRS:-IIP
VLA EMAIL AND
HAND DELIVERY
Mr. Ken Suddreth. Dl:ector
Community Development Department
City of Smyrna
Page 7
The proposed single - family detached residential community constitutes a significant
departure from the original proposal for townhomes which was approved in 2006 and is
appropriate in all respects from a land use planning perspective. Please do not hesitate to contact
me should you or your staff require additional information or documentation prior to the
Application being heard and considered for final action by theMayor and City Council. With
kind regards, I am
Very truly yours,
SAMS UFF, LLP
Gary ms Jr.
sams @samslarkinhuff.com
GLS /dsj
Enclosures
cc: Honorable Max Bacon, Mayor (via email w /attachments)
Ms. Teri Anulewicz, City Council Member (via email w /attachments)
Members, City of Smyrna City Council (via mail w /attachments)
Members, City of Smyrna Planning & Zoning Board (via email w /attachments)
Mr. Russell Martin, AICP, City Planner, City of Smyrna (via email w /attachments)
Mr, Scott Stokes, Public Works Director (via email w /attachments)
Mr. Eric Taylor, City Administrator (via email w /attachments)
Scott Cochran, Esq., City Attorney (via email w /attachments)
Mr. Ron Davis (via email w /attachments)
Mr. Keith M. Bentley (via email w /attachments)
Llil11UV1 tYTG11 U, LJ�. ` lk �11a ♦rr w au a. r. v�
Mr. Rodney Miller (via email w /attachments)
Mr. John W. Lundeen, III, Coro Realty Advisors, LLC {via email w /attachments)
Patti Pearlberg, Esq. V." Asset Management,
Coro Realty Advisors, L.LC (via email w /attachments)
Mr. Warren Jolly, Partner, The Providence Group (via email)
EXHIBIT "D"
Zoning Request: Z12 -008 — Modification of the currently approved site plan and building elevations.
Standard Conditions
(Requirement #1, 2, 3, 4, 9, and 17 from Section 1201 of the Zoning Code is not applicable)
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 100 -
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'
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
facade 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.
24
25
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i
should be released to the-��-
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 10/11/2012 created by Stantec.
The applicant shall be bound to the elevations submitted and dated 10/11/2012 created
by Children's Design Group. Approval of any change to the elevations must be obtained
from the Director of Community Development.
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number 3012 -20
Land Lot 663
Acres 21.69 (.730 +0373 +20.587)
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the Official Code
of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit "A" (Tract 1, Tract 2, and
Tract 3) attached hereto have been notified of the City's desire that their property be annexed into the City
of Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the annexation
of said property into the municipality would be in the best interests of the property owners of the area to
be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve the
annexation 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 adding to the description of the City Limits
.. the property herein annexed. Such legal description is attached hereto as Exhibit "A" (Tract 1, Tract 2,
and Tract 3).
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to show the
annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 19th day of
November, 2012.
A. Max Bacon, Mayor
Susan D. Hiott, City Clerk
City of Smyrna
City Attorney
City yrn
-� �T
EXHIBIT "A" — LEGAL DESCRIPTION
Davie Circle Tract I
All that tract or parcel of land lying and being in Land Lot 663, 17`h District, 2II° Section.
City of Smyrna, Cobb County, Georgia, and being more particularly described as
follows:
BEGINNING at an iron pin set at the common corner to Land Lots 663, 664, 705 & 706;
thence along the south line of Land Lot 663 N89'461 3 "W a distance of 704.20 feet to an
iron pin found; thence continue along the south line of Land Lot 663 N89 °54'36 "W a
distance of 328.90 feet to a 1 inch open top pipe found; thence leaving said Land Lot
Line N22 °49'07 "W a distance of 218.59 feet to an iron pin set; thence N62 °40'39 "W a
distance of 221.24 feet to an iron pin set on the west line of Land Lot 663; thence along
the west line of Land Lot 663 N00 °48'37E a distance of 283.15 feet to an iron pin set;
thence leaving said Land Lot Line N60 °25'28 "E a distance of 226.47 feet to a 2 inch open
top pipe found; thence N37 °10'05 "W a distance of 220.94 feet to a nail set on the
southeasterly right of way of Roswell Street (right of way varies); thence along said right
of way of Roswell Street N49 °23'53 "E a distance of 96.03 feet to an iron pin set;
thence leaving said right of way S35 °02'30 "E a distance of 219.58 feet to a point located
in a fence post; thence N51 °30'36 "E a distance of 69.81 feet to a concrete monument
found; thence S80 °45'41 "E a distance of 1,007.20 feet to an iron pin set on the east line
of Land Lot 663; thence along the east line of Land Lot 663 S00 °04'26 "W a distance of
641.80 feet to the POINT OF BEGINNING. Said tract contains 896,754 square feet
or 20.587 acres.
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EXHIBIT "A" — LEGAL DESCRIPTION
Davie Circle Tract 3
All that tract or parcel of land lying and being in Land Lot 663, 1 ",h District, 2 °d Section,
City of Smyrna, Cobb Countv, Georgia, and being more particularly described as
follows:
To find the point of beginning, commence at an iron pin set at the common corner to
Land Lots 663, 664, 705 & 706, thence along the east line of Land Lot 663 N00 °04'26 "E
a distance of 641.80 feet to an iron pin set; thence leaving said Land Lot Line
N80 °45'41 "W a distance of 1,007.20 feet to a concrete monument found and the true
POINT OF BEGINNING; thence S51 °30'36 "W a distance of 69.81 feet to a point
located in a fence post; thence N35 °02'30 "W a distance of 219.58 feet to an iron pin set
on the southeasterly right of way of Roswell Street (right of way varies); thence along
said right of way of Roswell Street N51 °42'21 "E a distance of 78.45 feet to a nail set;
thence leaving said right of way S32 °47'34" E a distance of 220.00 feet to the POINT
OF BEGINNING. Said tract contains 16,240 square feet or 0.373 acres.
ACCORDING TO THE CURRENT F[.,4. OFF /C,'AL FLOGO
HAZARD .MAP" COMMUNITY PANEL NO. 13067CO1 i 9G &
13067001„8G, DATED OECEUSE.R 76, 2008, 7H1S PROPERTY
IS NOT IN AN AREA HA SANG SPECIAL =1000 HAZARDS.
VC7F- ASFWE.V7S AND /W7ERNAL ,MPROVEUEN,'S NOT SHOW,
NO AODIT/CA/AL =!ELD WCRK WAS PE,RFOR,UED IN THE
N51'42'21 rE P,REPARA 77CAI OF 7H/S PLA T
v
2 5
(ON LINE)
t� Z
0 4 �s �i,y� ;t^
Z
�t °a " C)
a
NOW OR FORMERLY
VIRGINIA C. WEST LC
(REGENCY SOUARE APARTMENTS)
PIN,117066J00040 FEN.
POST
THE SURVEY AND PLAT SHOWN HEREON IS NOT INTENDED
FOR USE OR RELIANCE BY ANY PARTIES OR EN7777ES NOT
SPECIFICALLY LISTED IN THE 77TLE UNAUTHORIZED THIRD
PAR77£S SHALL INDEMNIFY AND HOLD BARTON SURVEYING, INC.
HARMLESS AGAINST ANY AND ALL LIABIU7Y FOR ANY LOSS ARISING
OUT OF OR RaA7ED TO, RELIANCE BY ANY THIRD PARTY CN ANY
*VRK PERFORMED THEREUNDER, OR THE CONTENTS OF IRE SURVEY.
BARTON SURVEYING
1500 PALM STREET
CANTON, GEORGIA 30115
(770) 345 -2810
O oo�,
\ °O.
GENERAL NOTES-
ANC. ERROR: /` PER 1-URN
"IEL D PRECISION: 1 IN 24,5-91
COMPASS RULE AD t/S WE,VT
ECUIPME,V7- TCPCCN GTS-235.
PLAT PREC,'SICN: 1 IN 30,,-57
ALL ,A4A,-ERS OF -77E ARE
EXCEP E0.
ALL /.P.'s ARE /" REBARS
UNLESS OTHERWISE /NDICA7E0.
7HIS SURVEY WAS PREPARED
WITHOUT THE BENEFIT OF A
777LE SEARCH. 774ERE MAY BE
EASEMENTS OR OTHER
ENCUMBRANCES NOT SHOWN,
REFERENCE.
SURVEY FOR QUINW CORPORA77ON
BY BARTON SURVEYING, INC.
DA TED SEPTEMBER 24, 2008.
AREA= 16,240 SO. FT
0.373 ACRE
60 30 0 60 120
SCALE IN FEET
JOB f 08 -136 DRAWN 8Y. 7D I CHECKED BY.• DB
FIELD DATE: 09 -24 -08 PLAT PREPARED: 08 -08 -12
PLA T FOR
QUHMS DEVELOPMENT, LP
LOCATED IN LAND LOT 66J
17th DISTRICT, 2nd SEC77ON
CITY OF SMYRNA
COBB COUNTY, GEORGIA
AUGUST 14, 2012 l— 60'
J
J
J I
P -0.8
CMFN80'4 5'41 -W I
1007.20'
PS
6�l1
5
w
N I O
O �
L, L. 563
Z
L. L. 706
L. L. 664
/Ps
L. L, 705
60 30 0 60 120
SCALE IN FEET
JOB f 08 -136 DRAWN 8Y. 7D I CHECKED BY.• DB
FIELD DATE: 09 -24 -08 PLAT PREPARED: 08 -08 -12
PLA T FOR
QUHMS DEVELOPMENT, LP
LOCATED IN LAND LOT 66J
17th DISTRICT, 2nd SEC77ON
CITY OF SMYRNA
COBB COUNTY, GEORGIA
AUGUST 14, 2012 l— 60'
7r- . L
EXHIBIT "A" — LEGAL DESCRIPTION
Davie Circle Tract 3
All that tract or parcel of land lying and being in Land Lot 663 , 17`h District, 2nd Section,
City of Smyrna Cobb County, Georgia, and being more particularly described as
follows:
BEGINNING at an iron pin set at the intersection of the southeasterly right of way of
Roswell Street (right of way varies) and the west line of Land Lot 663, thence along said
right of way of Roswell StreetN49 °23'52 "E a distance of 79.21 feet to a nail set;
thence leaving said right of way S37 °10'05 "E a distance of 220.94 feet to a 2 inch open top
pipe found; thence S60 °25'28 "W a distance of 226.47 feet to an iron pin set on the west
line of Land Lot 663; thence along the west line of Land Lot 663 N00 °48'37E a distance
of 236.31 feet to the POINT OF BEGINNING. Said tract contains 31,818 square feet
or 0.730 acres.
IPF
(5.94' W.)e
NOW OR FORMERL Y \'077
JEWELL B. & DAVID MONTGOMERY PIN,{ 17066300050
CURREN R Y ZONED NS
FND/
56p`L
OR ►k
�0��P ipRE 000PPP k0 60 30 0 60 120
ERG 5 0663
J I J
J J
THE SURVEY AND PLAT SHOWN HEREON lS NOT INTENDED
FOR USE OR RELIANCE BY ANY PAR77ES OR EN7777ES NOT
SPECIFICALL Y LISTED IN THE 777LE. UNAUTHORIZED THIRD
PAR77ES SHALL INDEMNIFY AND HOLD BARTON SURVEYING, INC.
HARMLESS AGAINST ANY AND ALL UABIUTY FOR ANY LOSS ARISNG
OUT OF OR RELA7ED TO, RELIANCE BY ANY THIRD PARTY ON ANY
WCWK PERFORMED 7HEREUNDER, OR THE CONTENTS OF THE SURVEY.
BARTON SURVEYING
=INC.=
1500 PALM STREET
CANTON, GEORGIA 30115
(770) 345 -2810
SCALE IN FEET
JOB # 08 -136 I DRAWN BY TO I_ CHECKED BY: DB
FIELD DATE. 09 -24 -08 1 PLAT PREPARED. 08 -08 -12
PLA T FOR
QUINTUS DEVELOPMENT, LP
LOCA TED IN LAND L 0 T 663
17th DISTRICT, 2nd SECTION
Cl TY OF SMYRNA
COBB COUNTY, GEORGIA
AUGUST 14, 2012 1 60'
ACCORDING TO THE CURRENT FLA. OF17CAL FLOOD
GENERAL NOTFS
HAZARD MAP" COMMUNITY PANEL NO. 13C67C0119G &
ANG. ERROR: 7" PER TURN
W
l- V67C0138G, DATED DECEMBE? 76, 2008, THIS PROPERTY
r'7E_D PRECISION. /N 24,691
o
iS NOT IN AN AREA HAVING SPECIAL FLOOD ,-iAZ,4RDS.
.1
COMPASS RULE ADJUSTMENT
O�Q
=2
NOTE EA S£i/f,N15 AND INTERNAL %MPROVEUEN S -VOT SHOWN
ECUIP.MEN T: TOPCON G TS -: J5.
PLA T PRECISION: 1 IN 28' .%56
NO ADDIT70NAL MELD .'WORK WAS PE4FORMEO IN THE
PREPARA77CN OF THIS PLAT
ALL ,4A7,7E,RS OF 7TLE ARE
EXCEPTED.
ALL I.P. s ARE �' RE3ARS;
UNLESS OTHERWSE /NDICATFD.
�(�
I lc G
1J
THIS SURVEY WAS PREPARED
U
N49'23'S2 "E \D
W THOU r THE BENEF/T OF A
79.21' JP /
T77LE SEARCH. THERE MA Y BE
EASEMENTS OR OTHER
�(
ENCUMBRANCES NO 7' SHOWN.
NAIL
REFERENCE.
SET
SURVEY FOR OUINTUS CORPORA77CN
BY BARTON SURVEYING, INC.
DATED SEPTEMBER 24, 2008.
AREA = .31,818 SO. FT.
0.730 ACRE
/Ps- P.0.8
lPF
ON L INE 0 90
0si
F
IPF
(5.94' W.)e
NOW OR FORMERL Y \'077
JEWELL B. & DAVID MONTGOMERY PIN,{ 17066300050
CURREN R Y ZONED NS
FND/
56p`L
OR ►k
�0��P ipRE 000PPP k0 60 30 0 60 120
ERG 5 0663
J I J
J J
THE SURVEY AND PLAT SHOWN HEREON lS NOT INTENDED
FOR USE OR RELIANCE BY ANY PAR77ES OR EN7777ES NOT
SPECIFICALL Y LISTED IN THE 777LE. UNAUTHORIZED THIRD
PAR77ES SHALL INDEMNIFY AND HOLD BARTON SURVEYING, INC.
HARMLESS AGAINST ANY AND ALL UABIUTY FOR ANY LOSS ARISNG
OUT OF OR RELA7ED TO, RELIANCE BY ANY THIRD PARTY ON ANY
WCWK PERFORMED 7HEREUNDER, OR THE CONTENTS OF THE SURVEY.
BARTON SURVEYING
=INC.=
1500 PALM STREET
CANTON, GEORGIA 30115
(770) 345 -2810
SCALE IN FEET
JOB # 08 -136 I DRAWN BY TO I_ CHECKED BY: DB
FIELD DATE. 09 -24 -08 1 PLAT PREPARED. 08 -08 -12
PLA T FOR
QUINTUS DEVELOPMENT, LP
LOCA TED IN LAND L 0 T 663
17th DISTRICT, 2nd SECTION
Cl TY OF SMYRNA
COBB COUNTY, GEORGIA
AUGUST 14, 2012 1 60'
SQ
p
Ld
h
oJ�O
O�Q
=2
Z
IPF
(5.94' W.)e
NOW OR FORMERL Y \'077
JEWELL B. & DAVID MONTGOMERY PIN,{ 17066300050
CURREN R Y ZONED NS
FND/
56p`L
OR ►k
�0��P ipRE 000PPP k0 60 30 0 60 120
ERG 5 0663
J I J
J J
THE SURVEY AND PLAT SHOWN HEREON lS NOT INTENDED
FOR USE OR RELIANCE BY ANY PAR77ES OR EN7777ES NOT
SPECIFICALL Y LISTED IN THE 777LE. UNAUTHORIZED THIRD
PAR77ES SHALL INDEMNIFY AND HOLD BARTON SURVEYING, INC.
HARMLESS AGAINST ANY AND ALL UABIUTY FOR ANY LOSS ARISNG
OUT OF OR RELA7ED TO, RELIANCE BY ANY THIRD PARTY ON ANY
WCWK PERFORMED 7HEREUNDER, OR THE CONTENTS OF THE SURVEY.
BARTON SURVEYING
=INC.=
1500 PALM STREET
CANTON, GEORGIA 30115
(770) 345 -2810
SCALE IN FEET
JOB # 08 -136 I DRAWN BY TO I_ CHECKED BY: DB
FIELD DATE. 09 -24 -08 1 PLAT PREPARED. 08 -08 -12
PLA T FOR
QUINTUS DEVELOPMENT, LP
LOCA TED IN LAND L 0 T 663
17th DISTRICT, 2nd SECTION
Cl TY OF SMYRNA
COBB COUNTY, GEORGIA
AUGUST 14, 2012 1 60'
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Resolution No. 2012 - 10
A Resolution by the Mayor and Council of the City of Smyrna, Georgia,
Consenting to the Transmittal of the 2030 Comprehensive Plan 5 -Year Update to the
Atlanta Regional Commission and the Georgia Department of Community Affairs
Whereas: To retain its "Qualified Local Government Status" pursuant to the Georgia
Planning Act of 1989, the City of Smyrna must remain in compliance with
the requirements of the State of Georgia's Minimum Planning Standards and
Procedures for Local Comprehensive Planning; and,
Whereas: The City of Smyrna has prepared the 5 -Year Update to the 2030
Comprehensive Plan as outlined in such Standards and Procedures; and,
Whereas: Appropriate notice has been provided and a Public Hearing was held on
November 19, 2012 at Smyrna City Hall; and
Whereas: The 5 -Year Update to the City of Smyrna's 2030 Comprehensive Plan
requires adoption and transmittal to the Atlanta Regional Commission and
the Georgia Department Community Affairs;
Therefore: Be it resolved that the Mayor and City Council of the City of Smyrna does
hereby transmit the adoption of the 5 -Year Update to City of Smyrna's 2030
Comprehensive Plan to the Atlanta Regional Commission and the Georgia
Department of Community Affairs.
IN WITNESS THEREOF, this Resolution has been duly adopted by the
governing authority of the City of Smyrna, Georgia o e th day of
November.
A. Max Bacon, Mayor
ATTEST: ,� / �(�
Susan D. H0-1yK. , Crk
ORDINANCE NO. 2012 -25
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE
AMENDMENT OF THE CITY OF SM' RNA CODE OF ORDINANCES, APPENDIX A —
ZONING, ARTICLE VII USE PROVISIONS, SECTION 714 LIGHT INDUSTRIAL
DISTRICT BE AMENDED BY ADDING SECTION 714.23:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA,
GEORGIA:
That Section 714 Light Industrial District be amended to add 714.23:
714.23 Indoor recreational facilities. All activities must take place within a wholly enclosed
building.
All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the
effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or unconstitutional by
any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as
a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
Approved by Mayor and Council this 19th day of November, 2
A. Max Bacon, Mayor
t st: p ved a o o m&:
Su an D. Hiott, City Clerk
City of Smyrna ,City Attorney
C y f yrna
T4PGJ Tu�e