11-18-2013, November 18, 2013 minutes A_ T7>'!r!rYlt_7F s
2800 King Street
City of Smyrna Smyrna, Georgia 30080
Meeting Minutes - Final
City Council
Council Chambers
Monday, November 18, 2013 7:30 PM
Call to Order: Presiding Officer Mayor Max Bacon called the meeting to order at 7:33 pm
Present: 8- Mayor Max Bacon, Mayor pro tem/Councilmember Melleny Pritchett,
Councilmember Andrea Blustein, Councilmember Teri Anulewicz,
Councilmember Charles Welch, Councilmember Susan Wilkinson,
Councilmember Wade Lnenicka and Councilmember Ron Fennel
Also Present: 14- Eric Taylor, Scott Cochran, Roy Acree, Samantha Kasraie, Chris Addicks,
Terri Graham, Virginia Davis, Scott Stokes, Ken Suddreth, David Lee, Kay
Bolick, Russell Martin, Toni Jo Howard and Tammi Saddler Jones. Travis
Landram, Mary Wallace Moore, Eric Randall
1. Invocation and Pledge:
The Mayor called on Deacon Mark Mitchell of St.Thomas The Apostle Church
(4300 King Springs),who delivered the invocation and led all in the pledge to
the flag.
2. Agenda Changes:
Mayor Bacon announced that an item would be added to the agenda. He stated
that items 4(D)and 4(E)would be tabled but that comments would be heard
from those in attendance wishing to speak on those items.
The Mayor stated that item 8(C)would be added to the agenda and relayed it
was to allow the use of Smyrna City Hall for the Informational Update Smyrna
meeting on Wednesday, November 20th from 6:00—8:00 pm.
2013-415 Suspend the Rules to add an agenda item
A motion was made by Councllmember Welch to suspend the rules to add an
agenda item, seconded by Councilmember Fennel. The motion carried by the
following vote:
Aye: 7- Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Iwo Wilkinson, Councilmember Lnenicka and Councilmember Fennel
2013-417 Add agenda item to Consent Agenda (C)
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City of Smyrna 11/18/2013
A motion was made by Councilmember Ron Fennel to add an agenda item to
the Consent Agenda, item C,seconded by Mayor Pro Tem/Councilmember
Melleny Pritchett. The motion carried by the following vote:
Aye: 7- Mayor pro tem/Councilmember Pritchett, Councilmember Blustein, ...
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
3. Mayoral Report:
The Mayor provided notification that an informational update meeting would be
held to address topics about which citizen's had been inquiring. He noted the
meeting would be held that Wednesday in the Council Chambers from
6:00-8:00.
4. Land Issues/Zonings/Annexations:
A. Z13-015 Public Hearing - Zoning Request Z13-015 - (no vote at this time)
Rezoning from PVC (Cobb County) to MU-Conditional (Smyrna) -
81.95 Acre Tract - Land Lots 61, 171, 172, 174, 175 & 284 of the 18th
District of Cobb County- Riverview Road and Nichols Drive -
Jamestown, L.P.
Sponsors: Fennel
Mr.Taylor made known the background of the request by Jamestown to
develop the Riverview Landing mixed use community and provided details of
the proposed complex. He shared that the rezoning by Cobb County had been
approved in 2011 and that the project had also received approval from various
boards and commissions. Mr.Taylor advised that the applicant was requesting
annexation and zoning as mixed use conditional. He stated that the request
had been heard by the Planning and Zoning Board on September 9,2013 and
was approved 6-1. Mr.Taylor made known that staff recommended approval.
The Mayor announced the public hearing and called for comment, asking those
wishing to speak to come forward and be sworn in.
Councilman Fennel relayed that it had been a four year process to get to this
point and that the City had been working on this request over the past four
months. He shared that he had hosted several meetings to inform the public
about this project, talked with many people on the phone and in person and
had discussions with local groups, including the CBIA. He expressed his
commitment to maintaining ongoing dialogue with those in the impacted area.
He encouraged public input and called on Mr. Suddreth to deliver a
presentation of the project.
Mr. Suddreth stated that the item was approved 6-1 by the Planning and Zoning
Board and was recommended by staff. He noted that it would be a mixed use
development with a zoning that corresponded to that assigned by the original
agreement with Cobb County. Mr. Suddreth stated that a letter of non-objection
had been received from the County. He displayed maps of the proposed
development plan and the interchangeable pod structure approved by the
County. He elaborated the plan bound the developer to numbers and not
necessarily site plan location. He shared that improvements to Riverview Rd.
were approved in the 2011 SPLOST.
Mr. Suddreth referred to the 100 year flood condition in the proposed area and
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City of Smyrna 11/18/2013
made known that staff had added conditions to tighten the wording regarding
that issue. He advised that a portion of the road, as well as the property,was
located in the flood plain and detailed the changes recommended to
accommodate those issues. Mr. Suddreth advised that City Engineer Eric
Randall was present to answer questions and had been involved in addressing
flood related conditions.
Mr. Suddreth stated that requirements were in place to protect the existing
industrial businesses with buffers. He showed samples of the proposed
architecture and renderings of Riverview Landing along with pictures of the
subject property. He noted that the developer had already begun preparing that
area. Mr. Suddreth stated that County zoning was currently in place and that
the development would occur regardless of the outcome of the annexation
request being considered by the City. He stated that the Planning and Zoning
Board and staff recommended approval of the request with the following
conditions:
1. Approval of the rezoning shall be conditioned upon the all the zoning
stipulations agreed upon and approved in the March 15,2011 Cobb County
Board Commissioner's Meeting Minutes. All parts of the of meeting minutes
which reference Cobb County Codes or Ordinances have been modified below
to reference City of Smyrna Codes and Ordinances.
2. Approval of the rezoning shall be conditioned upon the Illustrative Master Plan
and Rezoning Plan attached as part of the March 15, 2011 Cobb County Board
Commissioner's Meeting Minutes.
3. Approval of the rezoning shall be conditioned upon the Industrial Buffer Plan
and Concept Master Plan attached as part of the March 15,2011 Cobb County
monim Board Commissioner's Meeting Minutes.
4. A permanent public ingress/egress from Dickerson Drive shall be provided
above the 100-year flood plain elevation (El. 766 effective March 4, 2013),with
access to and through the northern portion of the project prior to the issuance
of the first Certificate of Occupancy.
Zoning Stipulations from the February 10, 2011 Letter created by Mr. Garvis Sams
General Stipulations Applicable to the Overall Development
5. The revised stipulations and conditions set forth herein shall replace and
supercede in full any and all prior stipulations and conditions in whatsoever
form which are currently in place concerning the property which constitutes
the subject matter of the above-captioned application for rezoning ("subject
property").
6. Rezoning of the subject property shall be from the Heavy Industrial ("HI") and
R-20 zoning districts to Conditional Planned Village Community with reference
to that certain Master Site Plan prepared by Planners&Engineers
Collaborative,which was submitted under separate cover on November 12,
2010. Any grandfathered HI use which has not lapsed for more than twelve(12)
months shall not be in conflict with the rezoning.
7. The total site area of the subject property consists of 81.95 acres which shall
be developed as a Mixed Use Development including the following:
wax, Single-Family Residential,Town Homes, Condominiums, Senior Housing,
Apartments, Retail, Restaurants, Schools and Community Facilities, office and
Self-Service Storage Buildings.
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City of Smyrna 11/18/2013
8. As part of the future development of the subject property, there shall be
Protective Covenants which will be incorporated and expanded as each phase
of the proposed community is permitted and platted and which will run with the
subject property for the maximum time frame allowed by law, which will
include all phases of the proposed community. Concurrently therewith,
Property Owner Associations will be formed which will include all components
of the proposed development on a phased development basis. The
Association(s)shall be responsible for the oversight, up keep and maintenance
of the entrance areas, common areas, community buildings and structures,
open space areas and similar features contained within the overall community
(i.e.walking trails, bike paths,sidewalks, etc.).
9. The Associations to be formed shall have Architectural Design Regulations
which shall control such items as signage and other usual and necessary
covenants and restrictions to protect the quality and integrity of the overall
development.
10. Consistent with GRTA recommendations, the various entrances to the
proposed community shall include,with potential modifications,the following:
Six(6)intersection locations along Riverview Road; eight (8) intersection
locations along Nichols Drive; twelve(12) intersection locations along
Armstrong Place; and one(1) intersection location on Dickerson Drive.
11. All entrance signage shall be ground-based, monument-style signage with
finish, materials and colors being insubstantial conformity to the architectural
style embodied in the mixed-use development. There shall be no billboard
signs, no roof signs unless architecturally integrated into an approved building
design and no exterior,temporary signs excepting only grand opening signage
and signage indicating the coming development. Freestanding signage,
including sandwich-style retail boards and other signage shall be permitted in
accordance with the terms and provisions of the City of Smyrna Sign
Ordinance.
12. Consistent with ARC and GRTA recommendations, at full build-out,there shall
be a network of walking trails and bicycle paths located within the proposed
community which shall link the various components of the development. In
addition, at full build-out,the Developer shall construct an eight foot to twelve
foot(8'to 12')wide trail along the Chattahoochee River frontage unless
prohibited by City of Smyrna's regulations or where environmental features
prohibit cost-effective connections to be built.The trail may be constructed of
gravel or other pervious material with input from the City Engineer and the
Upper Chattahoochee River Keeper.
13. Lighting within the proposed mixed-use community shall be chosen by the
Developer and shall be environmentally sensitive, appropriately spaced for
safe lighting purposes (i.e. per the Photometric Plan)and whenever possible
shall be themed to the architectural style of the buildings and residences to be
constructed and shall be utilized throughout the community. Effort shall be
made to make all lighting as unobtrusive as possible.
14. Compliance with the recommendations and conclusions contained within that
certain Archaeological Reconnaissance Report prepared by R.S.Webb &
Associates. Additionally, compliance with Cobb County Historic Preservation
comments and recommendations as provided in the Cobb County Staff Review
completed for Z-28.
15. Minor Modifications to Minor Modification to the stipulations/conditions,
Master Plan, lighting, landscaping, architecture, site features and the like may
be approved by the District Councilperson as needed or necessary.
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City of Smyrna 11/18/2013
16. In order to facilitate the approval of the Master Plan changes,the Developer
shall form an Advisory Committee consisting of the Developer, a
representative from CIBA, a representative from MIC and the Director of
Community Development,who shall facilitate decisions with respect to issues
upon which the Developer, CBIA and MIC can not agree. The Advisory
Committee shall also assist the Developer in the creation of Architectural
Design Regulations which will be the basis by which the Property Owners
Association's Architectural Review Board approves all initial building designs.
The primary focus for the community representatives on the Advisory
Committee shall be the Design Guidelines which affect property adjacent to
Riverview Road.
17. All setbacks and buffer areas may be penetrated for purposed of detention,
utilities and stormwater management as long as such encroachments satisfy
City of Smyrna and MRPA regulations.
18. An agreement to comply with City of Smyrna Development Standards and
Ordinances related to project improvements except as approved herein by the
Board of Commissioners,the Cobb County Department of Transportation or
the Cobb County Community Development Agency, as their respective
authority may allow.
19. Compliance with written recommendations from Cobb County Stormwater
Management Dision with respect to the location, configuration and
methodology of water quality and on-site detention (if any). Additionally, an
agreement to the following:
a. To design and adhere to the Best Management Practices in the
construction of detention and water quality areas on site with such
design and installation based upon City of Smyrna Development
Standards.To the extent that such infrastructure exceeds these
standards, they may be installed in lieu of contributions to the Cobb
County Off-Site Detention Fund.
b. All above-ground detention areas shall be landscaped and/or fenced in
accordance with City of Smyrna Development Standards.
c. In order to improve water quality, reduce target contaminant loads and to
maintain higher water quality standards by addressing run-off and
pollution for non-point sources,the Developer and Cobb County have
jointly applied for an EPA 319 Grant which proposed improvements, if
jointly funded by the Developer and EPA,will be completed in accordance
with the submitted grant application.
d. To the extent City of Smyrna and the ARC concur with the same,
compliance with the comments of the Chattahoochee River Keeper, dated
November 30,2010.
e. Compliance with provisions of the Metropolitan River Protection Act
("MRPA").
f. Compliance with the Letter of Map Revision issued by FEMA on February
26, 2010 for this segment of the Chattahoochee River.
g. All proposed structures must meet the elevation freeboard and venting
wpm cod requirements.
h. Any field placement within the floodplain must be compensated by an
equal volume of cut which must be field verified and as-built certification
provided.
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City of Smyma 11/18/2013
i. Subject to FEMA and City of Smyrna, consideration to be given to raising
the grade of the intersection of Riverview Road and Dickerson Drive to
allow access of emergency and any other vehicles to the development
during the flood conditions on the Chattahoochee River with the
Developer agreeing to participate with respect to the incurrence of cost
concerning the same.
j. Subject to the letter to David Breaden, dated February 9, 2011,from ARC
Planner Jim Santo.
20. Compliance with the recommendations of the Cobb County Water System with
respect to availability and acquisition of water and sewer to service the subject
property. Additionally, compliance with the recommendations of the Cobb
County—Marietta Water Authority.
21. With respect to the proposed development,the Developer seeks a rezoning to
a Conceptual Site Plan and seeks contemporaneous variances to the
regulations of the PVC zoning district which are consistent with the Conceptual
Site Plan and which include the following:
a. Allowing a PVC development in an Industrial or Industrial Compatible
area.
b. The allowance of restaurants larger than three thousand square feet
(3,000 sq.ft.)
c. Allowing Self-Service Storage Facility within the MU zoning district.
d. A waiver of the front setback from fifty feet to zero feet(50'-0'),side
setbacks from fifteen feet to zero feet(15'-0') and rear setbacks from
thirty feet to zero feet(30'-0').
e. Waiving requirement for retail and service square footage from eighty-five
thousand,one-hundred square feet(85,100 sq. ft.)to one-hundred ninety
thousand square feet(190,000 sq.ft.).
f. A reduction in the forty foot(40') landscape screening buffer in Overlook
District(B1)to zero feet(for approximately 500 linear feet of common
boundary with the Enclave at Oakdale).
g. Waiving the parking requirements for the proposed commercial space
including retail/restaurants, office space and self storage facilities so that
parking ratios shall be set at not less than three(3)spaces per
one-thousand square feet(1,000 sq.ft.)of building area,subject to the
submission of a "Shared Parking Analysis" (including on-street parking)
for staff review and approval. Parking for any self storage facilities shall
have a parking ratio of not less than 1 space per twenty-five hundred
square feet(2,500 sq.ft.).
22. An agreement to comply with on-site system improvements mandated by
GRTA, Cobb County DOT and the recommendations contained within the
Transportation Analysis prepared by Kimley-Horn 8 Associates and submitted
to GRTA on November 5, 2010, as may be modified through negotiations and
agreements with Mayor and City Council of Smyrna and/or with the Cobb
County Department of Transportation. However,an agreement has been
reached with CBIA that"roundabouts"will not be constructed within the
proposed development and that the radii currently in place at existing street
intersections will be designed to accommodate tractor trailer trucks and
industrial vehicles. Other design options, including widened medians and
landscape zones, may be considered where not in conflict with normal
movement of commercial and industrial traffic.
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City of Smyma 11/18/2013
As part of the foregoing, the Developer agrees to participate with respect to the
design,signalization and improvements to the intersection of Riverview Road and
Veterans Memorial Highway, if warranted.
23. Prior to the issuance of building permits, Staff shall review and approve all
landscaping and architecture not otherwise herein approved as depicted in the
renderings/elevations and plans submitted to Cobb County on November 12,
2010 and those which may be filed under separate cover. A set of Architectural
Design Regulations will be established by the Developer with assistance from
the Advisory Committee and shall be used for approval of all initial
improvements by the Property Owners Association/s ARB.1
24. Proposed Plans are to include restaurants as a part of the retail component
within the proposed community. Said restaurants may serve alcoholic
beverages as part of their respective food services upon securing the proper
permits from the City of Smyrna and State agencies.
25. There shall be no tenant vehicles or vehicles of any type permanently parked in
front of the proposed overall development containing tenant identification
signage or advertising signage.This provision shall be contained within any
lease between the Property Owner and any prospective tenant and the Property
Owner agrees to make its best efforts to enforce these provisions against any
tenant which violates the foregoing.
26. The Open Space under the MU district shall comply with the regulations
contained therein. At present,the overall total Open Space consists of 30.5
acres which translates into 37.2% of the total site area.
27. There will be no occupied buildings within the ultimately reconfigured flood
MOM plain except for accessory structures such as pavilions, gazebos, barns, boat
houses, etc.
Stipulations Applicable to the Non-Residential Components
28. The Developer proposes retail, restaurants, live-work,farmers market
building, community facilities,flex-space buildings, self service storage
buildings and offices utilizing the Village Concept with varying storefronts, roof
elevations, and other aesthetically pleasing treatments.The front building
façades and other facades which face streets or important connecting ways to
community spaces shall be a mixture of brick, stone,cedar shake, articulated
stucco, hardi-board,wood siding or other compatible materials.The
architectural style and composition shall be reasonably consistent with the
renderings/elevations which were submitted under separate cover on
November 12,2010 as may be approved during the Plan Review process and
which shall be consistent with the Architectural Guidelines established by the
Developer.
29. Pursuant to a request from CBIA, only self-service storage buildings or other
non-residential buildings shall be constructed within the A-4(Creekside)
District as shown on the Rezoning Master Plan.
30. The proposed non-residential components shall contain a maximum of 190,000
sq.ft. which will include a flexible mix of commercial space including
retail/restaurants, office space and self-service storage facilities.
.• 31. Landscaping for the proposed development shall be pursuant to that certain
Landscape Plan which shall be submitted under separate cover, reference
being made to said plan for a more particular delineation and location of
plantings and species to be planted.
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City of Smyrna 11/18/2013
32. Parking area lighting shall be a maximum height of thirty feet(30') and shall be
environmentally sensitive, energy efficient, horizontal cut-off luminaries so as
to eliminate light pollution and prevent illumination from penetrating outside
boundaries of the subject property.
MEW
33. Hooded security lighting shall be utilized on the building within the
non-residential areas as required by City of Smyrna Codes and Ordinances.
34. The developer agrees to install and construct site lighting pursuant to a Site
Lighting/Photometric Plan which shall be submitted to staff for review and
approval.
35. Every effort will be made so that dumpsters will be positioned to prevent visual
intrusion from major streets,connection points to community spaces and
wherever possible from any trail or green space along the Chattahoochee River
with screening by berms, landscaping,walls and/or vegetation. Dumpsters
shall have rubber lids and bumpers to minimize noise during emptying.
36. All exhaust from restaurant facilities shall be filtered and attenuated to
minimize grease and odors.
37. There shall be no outside paging systems, phones bells and loud speakers.
However, outdoor music systems shall be allowed.
38. The following uses shall be prohibited:
a. Automotive sales, repair and/or service facilities.
b. Video arcades as a primary use.
c. Adult themed bookstores as a primary use.
d. Pawn shops and check cashing establishments.
e. Skating rinks, except small, season-appropriate rinks.
f. Houses of worship.
g. Tattoo or body piercing parlors and any business which principally
features sexually explicit products or drug related paraphernalia.
H. Retail facilities which sell knives as a primary use.
i. Retail facilities which sell or Initiate transactions including guns or
weapons.
j. Retail facilities which sell gasoline except as an accessory use limited to
two(2)pump stations.
k. Wholesale warehouse sales centers.
39. An agreement that there shall be no outside storage facilities except for
community garden and recreation equipment, including small tractors,storage
ancillary to multi-family and commercial utilization, bikes, kayaks, canoes, etc.
as such terms are used and defined in the City of Smyrna Zoning Ordinance.
40. The non-residential components will include pedestrian walkways between the
proposed buildings and throughout the parking areas subject to approval
pursuant to the Landscape Plan submitted during the Plan Review process.
Additionally,there will be pedestrian connectivity between the non-residential
and the residential components.
41. There shall be no non-residential building footprint which exceeds thirty-five
thousand square feet(35,000 sq. ft.).
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City of Smyrna 11/18/2013
Stipulations Applicable to the Residential Components
42. Within residential areas there shall be a total maximum number of one-hundred
fifty-five(155)single-family residences; three-hundred thirty-two(332)
townhomes; one-hundred sixty-five(165) condominium flats; two hundred
(200) residential senior housing units; and, eight hundred fifty(850) apartment
units.
43. The architectural style and composition of the various residential components
shall be reasonably consistent with the renderings/elevations which were
submitted under separate cover on November 12, 2010 or as otherwise
approved during the Plan Review process in accordance with the Architectural
Design Regulations established in advance by the Developer with the
assistance from the Advisory Committee.
44. The Developer agrees to begin development of the other mixed-use
components of the proposed development during the construction of the
multi-family dwellings or immediately upon reaching a maximum threshold of
450 multi-family units. Prior to any additional multi-family development above
this threshold, the Developer shall begin the construction of(including any
non-multi-family construction begun before the threshold has been reached)
Ten (10)acres of other mixed-use development including retail, office, open
space and/or for sale housing. Excepting the apartments and the RSL
development, all residential development will be"for sale" units.
45. All residential components of the subject property which are located
contiguous to industrially utilized properties (not including Freeman Pond)
shall have either an existing natural buffer of at least one-hundred feet(100') in
width or a fifty-foot(50') landscaped buffer containing a berm of not less than
eight-feet(8') in height. Referenced landscaping shall include landscaping on
""io the sides and top of the berm. However, should such industrial properties
cease being used or zoned In an industrial classification,the Developer shall
have the option to remove/reconfigure said buffers and berms.
Where space is especially limited, an alternative buffer composed of a solid,
architecturally appealing wall,at least eight-feet(8') in height as may be reduced
when placed on a raised berm or existing raised topography, may be constructed
with a minimum of twenty-feet(20')of landscaped area remaining on the proposed
development site for landscape materials.
In order to protect and/or enhance residential views,the buffer on the Highland
District(A-1) shall be a minimum of forty-feet(40') in width with an adequate berm
and landscaping.
46. The following recital shall be contained within all marketing documents, all
contractual documents concerning the conveyance of property from the
Developer, all deeds of conveyance including, but not limited to warranty
deeds and quitclaim deeds and all leases, Covenants, Conditions and
Restrictions ("CCRs"):
"The property contained and referenced in this document is located in close
proximity to a Heavy Industrial area which, may at times, produce loud noises,
noxious odors and sounds. Owner and/or Lessee acknowledges and accepts that
the Heavy Industrial land uses, including their necessary ancillary activities, are
recognized and acceptable conditions concerning which the parties herein have
any control over the use of such industrial properties."
in addition to the foregoing,the Developer will utilize sound attenuation devices
and construction materials on homes directly abutting industrial property
boundaries in order to ameliorate adverse impacts.
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City of Smyrna 11/18/2013
47. The establishment of one or more mandatory Property Owners Association(s)
which shall include architectural controls (Architectural Review Board),
oversights and the submission of Declaration of Covenants, Conditions and
Restrictions or, in the case of the condominium component, said units shall
comply in all respects to the State of Georgia Condominium Act.
48. A third-party management company and/or the Developer shall manage the day
to day operations of the Property Owners Association(s), including the
responsibility of all commonly owned properties and all amenities within the
proposed community.They shall also be responsible for the management of all
association monies as well as ensuring that any association is properly
insured.
49. The submission of a landscape plan during the Plan and Review Process which
shall be subject to staff review and approval and which shall include the
following:
a. Sodded or otherwise landscaped front, side and rear yards.
b. The installation of underground utilities.
c. Ground-based, monument-style signage which shall be landscaped and
irrigated as appropriate.
d. Landscaping throughout the community which shall be irrigated as
appropriate.
50. As recommended by ARC and GRTA, a network of sidewalks and bike paths
throughout the residential community which shall be designed to promote a
pedestrian and bicycle friendly atmosphere and which shall be designed in
order to provide meaningful connectivity to adjacent retail and office areas.All
buildings shall have sidewalks on their respective road frontages. Alleys are
not required to have sidewalks. All required sidewalks shall be interconnected
with sidewalks or trails.
Master Plan Districts and Miscellaneous Stipulations and Conditions
51. The gross square footage of permitted uses within the Master Plan Districts
shall be as described on the Rezoning Master Plan (Riverview on the
Chattahoochee) prepared by Planners& Engineers Collaborative, which was
submitted under separate cover on November 12, 2010. Any unused permitted
development may be transferred to and among the various districts shown on
Master Plan except for the A-4(Creekside) District which shall be utilized for
self-service storage buildings and non-residential uses. However, there shall
be no multi-family apartments, nor commercial/retail/office development within
the B-1 (Overlook) District.
52. Bike lanes, where designated along Riverview Road, shall be a minimum of
four-feet(4') in width,except where on-street parking is also present and then
shall be a minimum of four-feet,six-inches(4'6") in width. On all of the internal
streets, bike routes shall be permitted and encouraged.
53. For non-residential uses, an appropriate amount of bicycle parking shall be
provided subject to staff review and approval. Public and resident access to
bicycle parking facilities within commercial/office areas shall be permitted
during non-business hours.
54. With respect to on-street parking on or immediately adjacent to Riverview
Road, parallel parking spaces shall be a minimum of eight-feet(8') in width and
shall be a minimum of twenty-feet(20') in length or twenty-two feet(22')
wherever the additional length is practical. Angled parking spaces shall be a
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City of Smyrna 11/18/2013
minimum of eight-feet(8') I width and a minimum of twenty-feet(20') in length.
Special loading zones which are intermittently located to serve commercial
areas of the development may exceed these maximum lengths as may be
required by the City of Smyrna Development Regulations.
55.Trees shall be planted on all streets and shall be a minimum of two and
one-half inches(2 1/2") in caliper. Said trees shall have a minimum of
twenty-four(24)square feet of planting area and shall be spaced an average of
forty-five feet(45')apart and a maximum of fifty-five feet(55'). Smaller,
ornamental trees may be spaced an average of twenty-five feet(25') apart.
Trees shall be permitted within two-feet(2')of the face of curb at the time of
planting. A landscape plan shall be subject to the City's Arborist's review and
approval.
56. Street lighting will consist of light fixtures which shall be utilized on all
roadways within the development. Street lighting will be chosen by the
Developer and shall be located on a landscape plan subject to the City's
professional staffs review and approval. Lamps shall be either metal halide,
high pressure sodium, or other approved high-efficiency type lamps.The
Developer shall determine the type of posts and fixtures subject to review and
approval by the City's professional staff.
57. Pedestrian crossings shall be standard painted markings on Riverview Road
only. Pedestrian crossings will also be provided at key parking and community
facilities. No other pedestrian markings shall be required within the proposed
development.
58. With respect to street signage,standard street signage shall be utilized. A
"topper" may be installed on the top of the sign indicating the name of the
development which shall make reference to the River Line Historic Area.
SWIM
59. Posted street speed shall be thirty-five(35) miles per hour on Riverview Road.
Internal streets shall have a maximum posted speed of twenty-five((25) miles
per hour.Alleys may restrict speeds to ten (10) miles per hour.
60. All public street widths, including parking lane widths, travel lane widths and
bike lane widths shall be built according to the City of Smyrna Development
Standards, subject to modifications approved by the Ward Representative
and/or City of Smyrna professional staff.
61. If a land disturbance Permit regarding the proposed Mixed-Use Development is
not secured or if initial land disturbance does not commence within a three(3)
year period from the date of rezoning approval,the subject property shall
revert to its original zoning classification.
Zoning Stipulations from the March 14, 2011 Letter created by Mr. Garvis Sams
62. In order to facilitate transportation,traffic and related infrastructure issues,the
Developer shall form an Advisory Committee consisting of the Developer, a
representative from CBIA,a representative from Community Development
Agency who will be an ex officio member of the Committee and the City of
Smyrna Engineer who shall facilitate decisions with respect to issues upon
which the Developer and the CBIA cannot agree.The Advisory Committee shall
also assist the Developer with respect to infrastructure design issues during
the Plan Review process with the primary focus of the Advisory Committee
,,.., being to ensure compliance with GRTA and City of Smyrna requirements and
to foster compatibility between the proposed development and existing
industrial business.
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City of Smyrna 11/18/2013
63. The Developer agrees to comply with the system improvements recommended
by GRTA and the City of Smyrna Engineer as may be modified through
negotiations and agreements with the City Council of Smyrna and the City
Engineer. Additionally, the Developer agrees to fund those certain system
am
improvements delineated in Attachment"A" (General Conditions)of GRTA's '
Notice of Decision, dated December 20, 2010 while not being precluded from
obtaining available funding, and agrees to post a bond or equivalent form of
security with the City of Smyrna in an amount commensurate with the
projected cost of the system improvements for which the Developer is
responsible. Such bond shall be posted in a manner and in an amount
consistent with the phased development of the project and its related system
improvements. As a part of the Plan Review process and consistent with the
manner in which such plans are presently reviewed by the City of Smyrna's
professional staff,the Developer shall incrementally submit phased
construction plans and,simultaneously with the approval of those plans,shall
be responsible for the funding of the system improvements and the
construction of the transportation infrastructure contained within those phased
submissions.The Developer will continue to submit and fund plans
accordingly during the phased development and build-out of the project.The
funding and construction of said system improvements will be required no
sooner than the approval of the phase construction plans. No transportation
system improvements will be required until the commencement of major
construction activities per the phased construction plans. Specifically, if the
Developer proposes minor clean-up construction, including any EPA 319 Grant
funded construction or similar riverfront improvement activities,or the
construction of any accessory structures consistent with the open space
programming anticipated to be an early phase project,such initiatives shall not
require transportation system improvements.
64. An agreement that nineteen (19)townhome units within the Highland District
(as shown on the revised Concept Master Plan attached hereto)will not initially
be built during the estimated seven to ten (7— 10)year phased project in order
to temporarily meet the one-hundred foot(100') buffer distancing between
adjacent industrial properties.These units may be built as an earlier phase if,
prior to the construction of said units, the Developer shall either submit
evidence of a change in the zoning of the adjacent parcels to a non-Heavy
Industrial classification or submit a written agreement with the adjacent
property owner allowing for a reduction in the temporary buffer.The Developer
shall file a Zoning Amendment Application for the construction of these units
so that the full City Council can review the circumstances at that time.
65. Reference to all other buffers less than one-hundred feet(100'), contained in
paragraph 4, page 12 (Stipulations applicable to the Residential Components)
of the February 10, 2011 stipulation letter, shall be superseded and replaced
with the agreement that all buffers shall one-hundred feet(100') or greater as
more fully demonstrated by the Industrial Buffer Plan (Riverview on the
Chattahoochee)exhibit submitted as an attachment to a recent letter to
Commissioner Helen Goreham, dated February 28, 2011,said Buffer Plan being
attached hereto. In addition, in certain locations as indicated on the attached
Buffer Plan exhibit, a fifty-foot(50') landscaped buffer containing a berm of not
less than eight-feet(8') in height is acceptable. Referenced landscaping shall
include landscaping on all sides and top of the berm. Finally,a solid,
architecturally appealing wall, at least eight-feet(8') in height and placed on a
raised berm with a minimum of twenty-feet(20') of landscaped area remaining
on the proposed development site for landscaping materials, shall be
constructed in the Highlands District(A-1)directly adjacent to the Heavy
Industrial property located at 1650 Armstrong Place(Land District 18; Land Lot
176; Parcel 10). However, in general,should any adjoining industrial properties
no longer be zoned in an industrial classification,the Developer shall have the
12
City of Smyma 11/18/2013
option to remove/reconfigure the above referenced buffers and berms,
following the approval by the Smyrna City Council as a Zoning Amendment.
66. Previously,the Creekside District, as shown on that certain Rezoning Master
Plan (Riverview on the Chattahoochee) prepared by Planner& Engineers
Collaborative which was submitted on November 12, 2010, has been restricted
to self-service storage buildings and other non-residential buildings. However,
the Developer also agrees to eliminate the construction and development of
restaurants within said district.
67. The Developer agrees to the positioning of a landscape buffer between the
Seagraves' "Pallet"site and the Developer's parcel along Riverview Road
which is currently shown on the site plan as "open Space". Should this
adjoining industrial property no longer be zoned in an industrial classification,
the Developer shall have the option to remove/reconfigure this landscape
buffer,following the approval by the Smyrna City Council as a Zoning
Amendment.
68. The following revised recital shall be contained within all marketing
documents, all contractual documents concerning the conveyance of property
from the Developer, all deeds of Conveyance from the Developer including, but
not limited to warranty deeds and quitclaim deeds and all leases, covenants,
conditions & restrictions from the Developer:
"The property contained and referenced in this document is located in close
proximity to a Heavy Industrial area which, may at times, house dangerous
equipment, materials and terrain,trespass upon which could cause serious
injuries. Also, said properties may produce loud noises, noxious odors and
sounds. Owner and/or Lessee acknowledges and accepts that the Heavy Industrial
land uses, including their necessary ancillary activities, are recognized and
acceptable conditions concerning which the parties herein have no control over
the use of such industrial properties. Owner and/or Lessee hereby waive any right
to file a cause of action for nuisance that may arise out of the lawful use of the
above referenced current heavy industrial properties."
69. Major modifications or revisions to the zoning proposal shall come back for
review by the Smyrna City Council in the form of the filing of a Zoning
Amendment Application.
Cobb County Stormwater Management Comments &Recommendations
70. It is understood that the current proposal plan may be somewhat conceptual at
this time. However, any proposed plan will have to be consistent with all of the
Metropolitan River Protection Act(MRPA)guidelines (i.e. impervious setbacks,
undisturbed stream buffers, building height restrictions within the 500-year
floodplain, impervious and disturbed area coverage limits, etc.) No buildings
are to be located within the 150-foot river setback other than public access
points.
71. The proposed plan must comply with City of Smyrna Flood Damage Prevention
Ordinance.The proposed plan is consistent with the Letter of Map Revision
issued by FEMA for this segment of the Chattahoochee River. All proposed
structures must meet the elevation freeboard and venting code requirements.
Any fill placed within the floodplain must be compensated by an equal volume
of cut which must be field verified and as-built certification provided.
mom
72. Based on discussions during the applicants meetings, it is anticipated that
innovative water quality and stormwater management measures will be utilized
for this development. Since these designs are highly dependent on the final
13
City of Smyma 11/18/2013
proposed site layout,these issues will need to be addressed during the plan
review process.
73. The existing lake located in the center of the site does not have adequate
spillway capacity.The proposed plan will include dam modifications required
to meet the current City spillway design requirements.
74. Since the existing grade of the Riverview Road is below the 100-year flood
elevation, emergency ingress and egress for this development will be limited
during severe flood conditions. Consideration should be given to at least
raising the grade of the intersection at Riverview Road and Dickerson Drive to
allow access to a majority of the development during flood conditions on the
Chattahoochee. River.
Cobb County Department of Transportation Comments &Recommendations
75. Riverview road is classified as a major collector and according to the available
information; the existing right-of-way does not meet the minimum
requirements for this classification. Recommend applicant consider entering
into a development agreement pursuant of O.C.G.A. 36-71-13 for dedication of
the following system improvements to mitigate traffic concerns: a)donation of
right-of-way on both sides of Riverview Road , a minimum of 40'from the
roadway centerline.
76. Recommend installing curb,gutter, and sidewalk along all the road frontages.
77. Recommend applicant verify that the minimum sight distance is available for
Dickerson Drive at Riverview Road and if it is not, implement remedial
measures, subject to the County's approval,to achieve the minimum
requirement of 390'.
78. Recommend the Developer comply with the requirements of GRTA'a Notice of
Decision recommendations.
79. Recommend applicant be required to meet all Cobb County&City of Smyrna
Development Standards and Ordinances related to project improvements.
The Mayor called on Mr. Garvis Sams, representative for the applicant and
property owner. Mr. Sams stated that Mr.Walter Brown of Jamestown (Sr.VP
of development and environmental affairs)was in attendance, along with Mr.
Stephen Arms of Marthasville Development(principal partners) and Mr.
Kenneth Wood (planning and engineering collaborative). He mentioned that
since the application had been approved by the Planning and Zoning Board the
applicant had been working with city staff to make adjustments to
accommodate city requirements. He noted the efforts of Councilman Fennel in
facilitating meetings to gain public input. Mr. Sams advised that the item had
been continued on several occasions in order to ensure a comprehensive
approach.
Mr. Sams provided details about Jamestown and their portfolio and shared a
history of the assemblage process for the subject property. He stated that the
applicant was not seeking changes to the proposal approved by the County
and that the request was only for rezoning and annexations purposes. He
detailed the types of business, residences and amenities that would be part of
the finished development. Mr. Sams noted the extensive scrutiny of this
application and shared the organizations and commissions that had reviewed
the proposal. He announced that the development had the support of the
surrounding residences and businesses as well as the city's Planning and
Zoning Board, emphasizing the request for annexation was not being made in
14
City of Smyma 11/18/2013
an attempt to increase density or seek leniency. Mr. Sams made known that the
applicant wanted to be part of the city's vision and would be part of a strategic
expansion of the city's boundaries. He emphasized the significant investment
to date on infrastructure improvements and expressed gratitude to Council
and staff for their efforts and support.
Carl Westmoreland of 3433 Peachtree Rd. in Atlanta, representative of CBIA,
was not opposed but stated his concern about the addition of residential
development in an established industrial zone. Mr.Westmoreland noted that
several of the recommended conditions related to roads and buffers addressed
this issue. He opined that the intersection of Riverview Rd. and Dickerson
should be elevated and that the City's condition provided for that. He
referenced the flooding of 2009 and voiced his concern about the large amount
of industrial traffic interacting with a large amount of residential traffic. He
recognized condition 22, emphasizing its importance in prohibiting
improvements that would conflict with industrial users.
Kenneth Patterson of 503 Waterford Dr. in Mableton stated his main concern
was the road. He stated that he was in support of the development and noted
that the existing road was two to three feet below the 100 year flood elevation.
He requested that the road be raised and expanded to include a center turn
lane. Mr. Patterson advised that he ran between 3000-5000 trucks along that
road every month and that incoming residents might not appreciate his
business.
Charles Bolash, resident at 6205 Indian Woods Circle, stated his support of the
annexation. He affirmed business owner's comments regarding conflicts. Mr.
Bolash noted current hazardous conditions for pedestrian and recreational
foot traffic. Mr. Bolash made known his employment as a realtor and requested
wiipo
that the City consider a name for south Smyrna, offering "Riverline
Community" as a suggestion.
Clint Stamps, owner of 28 acres off Riverview and CBIA president stated that
he did not dispute the quality of the proposed development. He made known
that businesses in that area had been established since 1952 and had no
intention of annexing into the city. He stated for the record that he would
contact the City with any complaints arising as a result of the development and
wanted his concerns made known in advance. Mr. Stamps raised the issue of
flooding and recommended that the entire road be elevated in order to
accommodate adequate ingress and egress in times of flooding. He
emphasized the desire of the CBIA to coexist and requested protective
measures for existing businesses,future investors and families.
The Mayor called for additional comment. There was none. He advised the
public hearing was completed.
B. 2013-398 Annexation request (100% of owners requesting annexation) -
(Ordinance 2013-12) 81.95 Acres in 3 Tracts of the 18th District, 2nd
Section, Cobb County, 18.967 acres of Parcel 1 in Land Lots 175 &
176, 36.563 acres of Parcel 2 Land Lots 61, 171, 172 & 175 and
26.420 acres of Parcel 3 Land Lots 61, 172, 174, 175, & 284 total of
81.950, Riverview Road and Nichols Drive, Riverview Landing.
Sponsors: Fennel
The Mayor asked the city attorney if this item required a public hearing and
was informed it did not. Mr.Taylor provided the background and shared the
15
City of Smyrna 11/18/2013
various types of annexation. Councilman Fennel stated that no formal
objection had been registered at the public hearing or at various community
meetings.
A motion was made by Councilmember Ron Fennel, I hereby with pride urge
this council to approve the request by Jamestown for annexation by approving
2013-298 annexation request(100%of the owners requesting annexation)-
Ordinance 2013-12-81.95 Acres in 3 Tracts of the 18th District, 2nd Section,
Cobb County, 18.967 acres of Parcel 1 in Land Lots 175 & 176, 36563 acres of
Parcel 2 Land Lots 61, 171, 172, & 175 and 26.420 acres of Parcel 3 Land Lots
61, 172, 174, 175&284 total of 81.950, Riverview Road and Nichols Drive,
Riverview Landing, seconded by Councilmember Teri Anulewicz.The motion
was carried by the following vote:
Aye:7 - Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
The Mayor stated that the effective date would be December 1, 2013 and Mr.
Cochran elaborated that the ad valorem taxes would not be effective until
December 31, 2013.
C. 2013-400 Final Vote - Rezoning Request Z13-015 - Rezoning from PVC (Cobb
County) to MU-Conditional (Smyrna) - 81.95 Acre Tract - Land Lots
61, 171, 172, 174, 175 & 284 of the 18th District of Cobb County -
Riverview Road and Nichols Drive - Jamestown, L.P.
Sponsors: Fennel IMM.,
A motion was made by Councilmember Ron Fennel to approve the rezoning
request Z13-015- Rezoning from PVC(Cobb County)to MU-Conditional
(Smyrna)-81.95 acre tract-Land Lots 61, 171, 172, 174, 175, &284 of the 18th
District of Cobb County-Riverview Road and Nichols Drive-Jamestown, L.P.,
seconded by Councilmember Teri Anulewicz.
Councilwoman Anulewicz noted recent events taking place in Smyrna
including the announcement of the relocation of the Braves stadium. She
shared her enthusiasm about the annexation and acknowledged the extensive
scrutiny of the request on the part of colleagues and staff. She expressed that
she was comfortable offering her support of the request and that the location
of residential development in commercial areas was not unprecedented.
Councilman Lnenicka stated that he had conducted extensive, independent
due diligence and would support the request. He noted that no alterations to
the project approved by Cobb County were being considered other than the
additional conditions added by the City to enhance public safety. Councilman
Lnenicka expressed his desire to ensure that when the area flooded that
people would be able to evacuate and public safety could provide necessary
services. He advised that he was satisfied that the city could accommodate
those needs and that the development could be safely constructed to protect
the people that would live and work there. The Councilman recognized the
efforts of the applicant, staff and Councilman Fennel in ensuring that these
issues had been addressed. He expressed his appreciation for the comments
of the CBIA members and encouraged ongoing dialogue with business owners
to make known conditions or concerns that might arise.
16
City of Smyrna 11/18/2013
Councilman Welch emphasized the importance of heeding the warnings made
by the CBIA members and cautioned Council and staff to be prepared for
complaints. He acknowledged the issues raised by the businesses that had
been in that area for 60 years and advised that he was in support of the
M..,. development, citing the long term benefits.
Councilman Fennel expressed his gratitude to the applicant and to city staff for
taking part in communicating with the public and gathering feedback.
Mayor Bacon noted that it was rare for businesses to come in and support
residences and recognized the comments the business owners had made for
the record.
The motion carried by the following vote:
Aye: 7 - Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
D. Z13-014 Public Hearing - Zoning Request Z13-014 - Zoning amendment
request to modify the currently approved site plan and building
elevations for the Jonquil Village redevelopment project - 11.03 Acre
Tract - Land Lots 559 & 594 - Northeast quadrant of the intersection of
Atlanta Road and Spring Road - Branch Capital Partners, L.P.
Sponsors: Anulewicz
The Mayor announced that this item was going to be tabled and that public
comment would be heard for those wishing to offer their input. Mr. Cochran
""'" advised that this was not the public hearing and made known that there was a
separate zoning hearing scheduled. He restated that this was a public input
session.
James Conyers advised Council that he, along with several of his neighbors,
were against the development in that location. He noted that tabling and
deferring appeared to be an attempt to outlast opposition.
Sandra Chase of 1189 Powder Springs St. expressed her pleasure at being able
to walk with her dog through the city. She requested that consideration be
given to constructing a pedestrian bridge to facilitate community integration.
Councilwoman Anulewicz commented on the large number of conversations
taking place about Jonquil village over the past few weeks. She noted the
recommendation of the Planning and Zoning Board and emphasized the
positive impact of additional time to discuss and conduct negotiations. The
Councilwoman made known that the development would be among the topics
discussed at the Update Smyrna meeting and advised that session would be
broadcast live on Charter and available on the website with additional details
to be provided on the city's webslte and facebook feed. Councilwoman
Anulewicz stated that a vote would be held on December 2, 2013.
A motion was made by Councilmember Teri Anulewicz to table zoning request
Z13-014-Zoning amendment request to modify the currently approved site
plan and building elevations for the Jonquil Village redevelopment project -
'"'s 11.03 Acre Tract-Land Lots 559 & 594- Northeast quadrant of the intersection
of Atlanta Road and Spring Road - Branch Capital Partners, L.P.to the
December 2, 2013 Mayor and Council Meeting, request to table was made by
the applicant, seconded by Mayor Pro Tem!Councilmember Melleny Pritchett.
17
City of Smyrna 11/18/2013
The motion carried by the following vote:
Aye: 7- Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
E. Z13-018 Public Hearing- Zoning Request Z13-018 - Zoning amendment to
modify currently approved site plan and building elevations - 4.369
Acre Tract - Land Lots - 620 and 677 - Southwest quadrant of
intersection of East/West Connector and South Cobb Drive - Columbia
Properties, Inc.
Sponsors: Lnenicka
The Mayor called for comment and noted that this item had also been tabled at
the request of the applicant.
Councilman Lnenicka referenced Mr. Conyers comment about tabling to wear
down opposition and stated that he had no reason to believe this was taking
place. He advised that the applicant,Sprouts Farmer's Market, had requested
additional time to provide site drawings to the developer and staff for review
prior to Council voting on the issue.
A motion was made by Councilmember Wade Lnenicka to table zoning request
Z13-018 -Zoning amendment to modify currently approved site plan and
building elevation - 4.369 Acre Tract-Land Lots -620 and 677-Southwest
quadrant of intersection of East/West Connector and South Cobb Drive-
Columbia Properties, Inc.to the December 2, 2013 Mayor and Council Meeting,
request to table was made by the applicant, seconded by Councilmember Ron
Fennel. Motion carried by the following vote:
Aye: 7- Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
5. Privilege Licenses:
The Mayor stated that there were none.
6. Formal business:
The Mayor stated that there was none.
7. Commercial Building Permits:
A. 2013-405 Issuance of commercial building permit to J.E. Dunn Construction for
the construction on manufacturing building for Consultinvest, Inc. at
600 Highlands Parkway.
Sponsors: Fennel
Mr.Taylor noted that Consultinvest continued to expand their footprint and
was requesting a permit to construct building C. He stated that staff
recommended approval
A motion is made by Councilmember Ron Fennel to approve issuance of
commercial building permit to J.E. Dunn Construction for the construction on
18
City of Smyrna 11/18/2013
manufacturing building for Consultinvest, Inc. at 600 Highlands Parkway,
seconded by Councilmember Charles (Corkey)Welch. The motion carried by
the following vote:
- Aye: 7- Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
8. Consent Agenda:
Mr.Taylor read aloud the consent agenda.
A motion was made by Mayor Pro Tem/Councilmember Melleny Pritchett to
approve the consent agenda,seconded by Councilmember Teri Anulewicz.
The motion carried by the following vote:
Aye: 7- Mayor pro tem/Councilmember Pritchett, Councilmember Blustein,
Councilmember Anulewicz, Councilmember Welch, Councilmember
Wilkinson, Councilmember Lnenicka and Councilmember Fennel
A. 2013-406 Approval of November 4, 2013 Mayor and Council Meeting Minutes
These Minutes were approved.
B. 2013-392 Award of RFP 14-008 Classification and Compensation Study to the
lowest bidder, The Archer Group, for $14,860 and authorize Mayor to
sign any related documents.
This Authorization was approved.
C. 2013-416 Allow Mayor Bacon to use the Council Chambers for an
informational meeting Wednesday, November 20, 2013 6-8 PM.
This Authorization was approved.
9. Committee Reports:
Councilman Fennel announced that DUI arrests had been consistently strong
under Chief Lee. The Chief shared that the DUI task force, instituted in March
with two officers, had made 244 DUI arrests to date. Chief Lee shared that
Captain Tony Leonard had graduated from the Southern Police Institute with
the highest academic score and that Detective Keith Sherwood had graduated
from the National Forensic Academy. Chief Lee made known that extra patrols
had been put in place during Halloween and relayed positive citizen feedback.
He shared details of the women's self-defense class for female city employees
and announced that the police department had finished its strategic plan.
Councilman Fennel commended the presence of public safety during
Halloween. He shared that the City of Smyrna had partnered with FEMA as a
disaster preparedness city and called on Acting Fire Chief Acree to discuss.
Chief Acree introduced members of the inaugural citizen fire academy: Randy
and Claudia Rowe, Beau Chatham , Barb Allen, Philip Hanniford.There was
discussion about the topics covered in the course and the participants spoke
about the program. Chief Acree addressed the partnership with FEMA and that
additional details were available at www.readysmyrna.com. He reminded all
citizens to exercise caution if frying turkeys for Thanksgiving. Councilman
Fennel thanked the public safety departments for their input on the
development project under consideration and expressed his gratitude for their
19
City of Smyrna 11/18/2013
a
efforts in ensuring community safety.
Councilman Lnenicka stated that he, along with the City Engineer, would be
meeting with the residents of Vintage Square. He discussed the move of the
Braves to the area and noted that not a great deal of information had been
provided yet.The Councilman stated that the property was adjacent to Smyrna
and shared that he had been contacted by citizens concerned with the volume
of traffic and the potential increase of DUI incidents.The Councilman
recognized that the addition of safety personnel and the financial impact would
have to be considered. He expressed his commitment to ensuring appropriate
management of the impact and the protection of the community. He
recommended efforts focus on maximizing the positive effect of the
community. Councilman Lnenicka mentioned many local charity drives
ongoing in the Smyrna area and expressed his appreciation to the community
for their participation, wishing all a happy holiday season.
Councilwoman Wilkinson called on Travis Landram,who delivered a report of
upcoming events including the Home for the Holidays celebration,tree lighting
and coat drive at Brawner Park. He shared that the recent Village to Village race
was successful. Councilwoman Anulewicz inquired if the Santa House at Aunt
Fanny's Cabin would take place and was informed it would. Mary Moore
offered a report on events at the library. She highlighted National Family
History Day, sharing that the library had an extensive collection of genealogical
reference materials and was known nationally for their Virginia collection. Ms.
Moore announced that the Smyrna library was the first in Georgia to offer
Hoopla, a program to access and download TV shows, movies and audio files.
Councilwoman Wilkinson recognized the performance by Belmont Hills
students at the Veteran's Day memorial ceremony.
Councilman Welch called on Virginia Davis, who relayed that the IBM day of
service was successful with 153 volunteers. She shared details of the Rivers
Alive event, listing participating groups and their accomplishments. Ms.Davis
reminded all present that used cooking oil could be taken to the recycling
center and encouraged all to take advantage of the city's Christmas tree
recycling program. It was made known that cooking oil could also be left
curbside for recycling
Mayor Bacon recognized IBM as an outstanding corporate partner and shared
that Angie Bolton had been recognized as the Smyrna Citizen of the Year.
Scott Stokes from public works provided the holiday schedule for trash pick-
up. He shared that public works utilized used cooking oil to manufacture
bio-diesel and would collect it curbside on recycling days. He advised of
closures along Concord Rd. and encouraged motorists to utilize alternate
routes. Mr. Stokes delivered an update on projects throughout the city
including Ward St., Atlanta Rd., Campbell Rd., Kathy Ln., Reed Rd. and Ann Rd.
Councilman Welch requested that public works with the contractors to ensure
they were being diligent with signage. Mayor Bacon advised that the City had
received a grant to convert oil to blo-diesel and encouraged all to take part. Mr.
Stokes noted that all of the fire departments accept used cooking oil in
addition to recycling and public works. He made known that citizens could
request containers from public works if needed.
Councilwoman Anulewicz encouraged all to attend the holiday festivities. She
reminded all that the Mayor would be hosting the Update Smyrna meeting and
that it would be live on cable,the nternet and on demand with the ability to
submit questions online. She congratulated Angie Bolton and encouraged all
20
City of Smyma 11/18/2013
to recycle their cooking oil.
Councilwoman Blustein called on Mr. Suddreth,who delivered a report on
statistics from Community Development. He noted a continuing upward trend
and a significant increase in dwelling units and inspections. He stated that he
anticipate numbers to continue to rise as a result of the annexations and
development taking place. Councilwoman Blustein wished all a happy
thanksgiving.
Mayor pro tem/Councilwoman Pritchett provided an update on the Vision
Committee efforts to select a company to conduct a community driven vision
process that wouldincorporate citizen input and direction. She advised It would
be open to all residents. Mayor pro tem/Councilwoman Pritchett stated that she
was looking forward to incoming development.
10. Show Cause Hearings:
The Mayor stated that there were none.
10. Show Cause Hearings:
11. Citizen Input:
The Mayor reminded all that the citizen input portion was not a question and
answer period and was intended as a forum for public comments. The Mayor
recognized the City Attorney as the meeting parliamentarian and Mr. Cochran
stated that citizens input was a time for residents to participate by addressing
elected officials. He shared that it was not required by law to be part of a
MOW meeting and advised that the City had invited comment by placing it on the
agenda. He noted that sometimes people in various jurisdictions would utilize
such forums for publicity or to Instigate and do things counter to the purpose
of citizen's input. He reminded all present that the time was designed to allow
expression of legitimate concerns dealing with city business and not to make
personal attacks or spread false Information. Mr.Cochran offered to regulate if
needed and emphasized that many governments did not include a citizen's
input portion.
Larisa Edwards of 304 Hickory Springs Drive advised Council that the meeting
was not being streamed live on the Internet. She commented that this was the
third or fourth communication interruption of which she was aware and stated
that she was not there to be seen on TV. Ms. Edwards remarked that her
purpose was to educate Smyrna leadership and displayed a chart she referred
to as Satan's formula. She commented on potential flooding in the annexed
area and that a person's life was more valuable than the monetary investment
in that location. She commended the fire department on their resourceful
funding to build fire station 5.
The Mayor called on the other speakers signed up and there was no response.
He noted that they had been heard earlier in the meeting on the Riverview
Landing and Jonquil Village items.
12. Adjournment:
The Mayor declared the meeting adjourned at 9:22 p.m.
21
City of Smyrna 11/18/2013
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TE•I ANULEWIC Act ARD 3 CHARLES A.WELCH,WARD 4
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SUSAN WIL 64 SON, WARD 5 WADE S. LNE IC • ,WARD 6
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�w� ORDINANCE ANNEXING
INTO THE CITY OF SMYRNA
Ordinance Number 2013'12
Land Lots 61, 171, 172, 174, 175 & 284
Acres 81.95
WHEREAS,the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Geo ia Annotated to allow annexation 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 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 munici ality 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 votcwitboutvcto; aod
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the Ci of Smyrna be amended and the same is hereby amended by adding to the description of
PRIM the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
°A."
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 10db day of
November, 2013 .
-�^-
A. Max Bacon Mayor
\l'eA/Le:
Tern Graham, City Clerk
City of Smyrn
1,1
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!hum Scott A. °c ""^+ Cdv Attorney
City of Smyrna
� __ _
ORDINANCE 2013-12 EXHIBIT A
m111•1/
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 175 & 170
of the 18 th District, Cobb County, Georgia and being more particularly described as follows:
BEGINNING at an iron pin set at the southerly end of the mitered intersection of the
southwesterly right-of-way line of Nichols Drive (50' R/W) with the northwesterly
right-of-way line of River View Road (60' B/W); thence along said right-of-way line of
River View Road the following courses and distances: South 28 degrees 33 minutes 57
seconds West a distance of 535.90 feet to an iron pin set; thence South 28 degrees 34
minutes 12 seconds West a distance of 39.17 feet to a point; thence 59.87 feet along an arc
of a curve to the right, said curve having a radius of 760.29 feet and a chord bearing and
distance of South 30 degrees 49 minutes 33 seconds West 59.85 feet to a point; thence
225.94 feet along an arc of a curve to the right, said curve having a radius of
760.29 feet and a chord bearing and distance of South 41degrees35 minutes 42
seconds West 225.11 feet to an iron pin set; thence leaving said right-of-way line of River
View Road North 50 degrees llouioutcu30 seconds West a distance of 413.69 feet to an
iron pin found (l" Open Top Pipe); thence South 35 degrees 28 minutes 23 seconds West a
distance nf229.64 feet to an iron pin set; thence North 48 degrees 25 minutes 48 seconds
West a distance of94943 feet to an iron pin set; thence North 30 degrees 08 minutes 00
m�~ seconds East a distance of 104.17 feet to a point; thence South 83 degrees 28 minutes 26
seconds East a distance of 595.80 feet to an iron pin set on the westerly right-of-way line at
the cul-de-sac of Armstrong Place (50' R/W); thence around said cul-de-sac 152.46 feet
along an arc ofa curve to the left, said curve having a radius of00.00 feet and a chord
bearing and distance of South 19 degrees 20 minutes 03 seconds East 114.63 feet to an iron
pin found (angle iron); thence 122.26 feet along
an arc of a curve to the left, said curve having a radius of 60.00 feet and a chord bearing and
distance of North 29 degrees 29 minutes 40 seconds East 102.18 feet to a point; thence along
the southeasterly right-of-way line of Armstrong Place the following courses and distances:
North 35 degrees 35 minutes 54 seconds East a distance of 82.07 feet to a point; thence
293.93 feet along an arc of a curve to the right, said curve having a radius ot995.13 feet and
a chord bearing and distance of North 43 degrees 14 minutes 17 seconds East 292.86 feet to
a point; thence North 50 degrees 45 minutes 54 seconds East a distance of 80.47 feet to an
iron pin set at the intersection of said southeasterly right-of-way line of Armstrong Place
with the southwesterly right-of-way line of Nichols Drive; thence along said right-of-way
line of Nichols Drive the following courses and distances: 50.84 feet along an arc of a curve
to the left, said curve having a
radius of263.73 feet and a chord bearing and distance of South 49 degrees 44 minutes 07
mom
seconds East 50.76 feet to an iron pin set; thence South 55 degrees 48 minutes 17 seconds
East a distance of238.63 feet to an iron pin found;thence South 54 degrees 59 minutes 37
seconds East a distance of89.49 feet to a point; thence 120.75 feet along an arc ofa curve to
the left, said curve having a radius of263.73 feet and a chord bearing and distance of South
68 degrees 4lminutes46 seconds East 119.70 feet to a Nail set; thence South 8ldegrees48
minutes 46 seconds East a distance of 134.58 feet to an iron pin set at the northerly end of
said mitered intersection of Nichols Drive and River
View Road; thence along said miter South 27 degrees 48 minutes 56 seconds East a distance of
40.95 feet to an iron pin set and the POINT OF BEGINNING.
Said tract containing 18.967 acres.
TOGETHER WITH:
TRACT2
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 61, 171, 172 &
175 of the 18'h District, Cobb County, Georgia and being more particularly described as
follows:
ow.
BEGINNING at an iron pin set at the intersection of the northwesterly right-of-way line of
River View Road (60' R/W) with the northeasterly right-of-way line of Nichols
Drive(50'R/W); thence along said right-of-way line of Nichols Drive the following courses
and distances:North 79 degrees 33 minutes 22 seconds West a distance of
238.42 feet to an iron pin found; thence North 57 degrees 29 minutes 42 seconds West a
distance of271.54 feet to an iron pin found (Georgia Power); thence South 02 degrees 11
minutes 41 seconds West a distance of6.90 feet to a point; thence North 55 degrees 48
minutes 17 seconds West a distance of 106.02 feet to an iron pin set; thence 188.54 feet
along an arc of a curve to the right, said curve having a radius of 213.73 feet and a chord
bearing and distance ofNorth 30 degrees 28 minutes 56 seconds West 182.49 feet to an
iron pin set; thence North 01 degrees 52 minutes 39 seconds East a distance of 434.13 feet
to an iron pin found; thence North 02 degrees 08 minutes 50 seconds East a distance of
322.24 feet to an iron pin found on the easterly right-of-way line of
the cul-de-sac of Nichols Drive; thence along the cul-de-sac 33.25 feet along an arc of a
curve to the left, said curve having a radius of 60.00 feet and a chord bearing and distance of
North 51 degrees 55 minutes 13 seconds East 32.83 feet to an iron pin found;thence 180.70
feet along an arc of a curve to the left, said curve having a radius of60.00 feet and a chord
bearing and distance ofNorth 49 degrees 19 minutes 07 seconds West 119.75 feet to an iron
pin found; thence leaving said right-of-way line of Nichols Drive North 70 degrees 57
minutes 11 seconds West a distance of 194.12 feet to an iron pin found; thence North 05
degrees 34 minutes 47 seconds East a distance of 300.07 feet to an iron pin found on the
Land Lot Line common to Land Lots 62 & 171; thence along said Land Lot Line South 89
degrees 19 minutes 52 seconds East a
Nam
dista0000(2l2./V feet to a point; thence South 89 degrees 50 minutes 04 seconds East a
ow=
distance of738.82 feet to an iron pin found (3/4" Open Top Pipe); thence South 89 degrees
0l minutes 28 seconds East a distance of 61.56 feet to a point at the approximate Land Lot
Corner common to Land Lots 61, 62, 171 & 172;thence leaving said Land Lot Line South
65 degrees 11 minutes 42 seconds East a distance of 59.50 feet to an iron pin set; thence
North 79 degrees 07 minutes 18 seconds East a distance of 215.08 feet to an iron pin set;
thence North 65 degrees3 1 minutes 18 seconds East a distance of 120.00 feet to an iron pin
set on the westerly right-of-way line of Dickerson Drive (70' R/W); thence along said
right-of-way line of Dickerson Drive the following
courses and distances: South 28 degrees 05 minutes 42 seconds East a distance of20.30
feet to a point; thence South 28 degrees 05 minutes 42 seconds East a distance of 13.20
feet; thence South 12 degrees 14 minutes 42 seconds East a distance of 119.66 feet to a
point; thence South 06 degrees 36 minutes 25 seconds East a distance of 117.99 feet to a
point; thence South 06 degrees 13 minutes 44 seconds East distance of 119.68 feet t
n an
iron pin set at the intersection of said westerly right-of-way line of Dickerson Drive with the
northwesterly right-of-way line of River View Road; thence along said right-of-way line of
River View Road the following courses and distances: 247.86 feet along an arc of a curve to
the left, said curve having a radius of 233.38 feet and a chord bearing and distance of South
39 degrees 2l/uiuutco39 seconds West 230.38 feet to an iron pin set; thence South 08
degrees 16 minutes 19 seconds West a distance o[89.73 feet to an iron pin found; thence
South 08 degrees 45 minutes 08 seconds West a distance of 27.79 feet to a point; thence
72.73 feet along an arc of a curve to the right,said curve having a radius of 589.41 feet and
a chord bearing and distance of South 10 degrees 54 minutes 30 seconds West 72.68 feet to
an iron pin found; thence 115.85 feet along an arc of a curve to the right, said curve having
a radius of 589.41 feet and a chord bearing and distance of South 2ldegreeol\ouinuteml8
seconds West 115.66
feet to a point; thence South 25 degrees 09 minutes 36 seconds West a distance of 66.17
feet to an iron pin found(angle iron);thence South 26 degrees 37 minutes 00 seconds West
u distance oy345.3l feet tuupoint; thence 37.88 feet along an arc of a curve to the left,said
curve having a radius of 2,894.79 feet and a chord bearing and distance of South 24 degrees
17 minutes 37 seconds West 37.88 feet to an iron pin with cap found; thence 29.78 feet
along an arc of a curve to the left, said curve having a radius of 2,894.79 feet and a chord
bearing and distance of South 27 degrees 31 minutes 07 seconds West 29.78 feet to a point;
thence South 25 degrees 02 minutes 37 seconds West a distance of 296.46 feet to a point;
thence 129.41 feet along an arc of a curve to the right, said curve having a radius
of2,834.79 feet and a chord bearing and distance of South 26 degrees 21 minutes 05
seconds West 129.39 feet to an iron pin set and the POINT OF BEGINNING.
Said tract containing 36.563 acres.
TOGETHER WITH:
TRACT3
,mme
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 61, 172. 174,
175& 284 of the 18'h District, Cobb County, Georgia and being more particularly
described as follows:
To find the TRUE POINT OF B5GINNlN0, commence from an iron pin set at the
intersection of the northwesterly right-of-way line of River View Road (60' R/W) with the
westerly right-of-way line of Dickerson Drive (70' R/W); thence crossing River View Road
South 02 degrees 57 minutes 51 seconds West a distance of 98.75 feet to a concrete
monument found on the southeasterly right-of-way line of said River View Road, said point
being the TRUE POINT OF BEGINNING, from the I1(UE POINT
OF BEGINNING, as thus established, thence along said right-of-way line the following
courses and distances: 133.52 feet along an arc of a curve to the right, said curve having a
radiuoof3h5.l4 feet and a chord bearing and distance of North 54 degrees 36 minutes 19
seconds East 132.78 feet to a point; thence North 76 degrees 27 minutes 58 seconds East a
distance of 172.83 feet to a point; thence North 67 degrees 42 minutes 17 seconds East a
distance of 40.32 feet to a point; thence North 59 degrees 29 minutes 41 seconds East a
distance of 59.88 feet to a point; thence North 54 degrees 46 minutes 32 seconds East a
distance of 40.16 feet to a point; thence 195.63 feet along an arc of a curve to the left, said
curve having a radius of 425.14 feet and a chord bearing and distance of North 45 degrees
08 minutes 31 seconds East 193.91 feet to an iron pin set; thence North 31 degrees 57
minutes 32 seconds East a distance of 177.95 feet to a
point; thence North 31 degrees 57 minutes 32 seconds East a distance of 40.03 feet to
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an iron pin set;thence leaving said right-of-way line of River View Road South 60 degrees
29 minutes 04 seconds East a distance of 175.87 feet to an iron pin set; thence South 41
degrees 31 minutes 16 seconds West a distance of 40.89 feet to an iron pin set; thence
South 60 degrees 29 minutes 04 seconds East a distance of 142.27 feet more or less to a
point at the western bank of the Chattahoochee River, said point being referred to as Point
"A"; thence 1,469 feet more or less along the western bank of the Chattahoochee River and
the meanderings thereof to Point "B",(said direct tie from Point "A" to Point "B"being
South 39 degrees 32 minutes 49 seconds West a distance of 1,466.55 feet); thence 227 feet
more or less along the western bank of the Chattahoochee River and the meanderings
thereof to Point"C",(said direct tie from Point "B"ioPoint "C"being South 28 degrees 29
minutes 17 seconds West a distance of226.95 feet); thence 1,702 feet more or less along the
western bank of the Chattahoochee River and the meanderings thereof to Point"D",(said
direct tie from Point "C"to Point "D"being South 30 degrees 59 minutes 55 seconds West
a distance of 1,671.88 feet);thence leaving said western bank of the Chattahoochee River
North
47 degrees 16 minutes 48 seconds West a distance of355.53 feet more or less to an iron pin
set on said easterly right-of-way line of River View Road; thence along said right-
of-way line the following courses and distances: North 50 degrees 59 minutes 41 seconds
East a distance of230.93 feet to a point; thence 56.77 feet along an arc of a curve to the
left,said curve having a radius of 820.29 feet and a chord bearing and distance of North
49 degrees 00 minutes 44 seconds East 56.76 feet to a point; thence
264.28 feet along an arc of a curve to the left, said curve having a radius of 820.29 feet and
a chord bearing and distance ofNorth 37 degrees 47 minutes 59 seconds East
mem 263.l4feet to a point; thence North 24 degrees 46 minutes 16 seconds East a distance
of 15.77 feet to an iron pin found (angle iron); thence North 28 degrees 42 minutes 29
law
seconds East a distance of 448.42 feet to a point; thence North 28 degrees 33 minutes 25
seconds East a distance of 161.00 feet to a point; thence 87.86 feet along an arc of a curve
to the left, said curve having a radius of2,894.79 feet and a chord bearing and
distance of North 27 degrees 19 minutes 35 seconds East 87.86 feet to an iron pin found
(Open Top Pipe); thence 90.29 feet along an arc of a curve to the left, said curve having a
radius of2,894.79 feet and a chord bearing and distance of North 26 degrees 18 minutes 04
seconds East 90.29 feet to a point; thence North 25 degrees 02 minutes 37 seconds East a
distance of 112.13 feet to a point; thence North 25 degrees 02 minutes
37 seconds East a distance of 152.94 feet to an iron pin set; thence North 25 degrees 02
minutes 37 seconds East a distance of 31.39 feet to a point; thence 66.24 feet along an arc
ofa curve to the right, said curve having a radius of2,834.79 feet and a chord bearing and
distance of North 25 degrees 42 minutes 47 seconds East 66.23 feet to a point; thence
North 25 degrees 59 minutes 12 seconds East a distance of 129.81 feet to an iron pin found;
thence North 26 degrees 51 minutes 08 seconds East a distance of
250.08 feet to an iron pin found; thence North 24 degrees 17 minutes 32 seconds East a
distance of 31.61 feet to a point; thence 207.61 feet along an arc of a curve to the left,said
curve having a radius of649.41 feet and a chord bearing and distance of North 17 degrees
13 minutes 27 seconds East 206.72 feet to a point; thence North 03 degrees 16 minutes 13
seconds East a distance of 11.51 feet to an iron pin found; thence 101.12 feet along an arc
of a curve to the right, said curve having a radius of 366.16 feet and a chord bearing and
distance of North 17 degrees 48 minutes 29 seconds East 100.80 feet to an iron pin set;
thence 124.38 feet along an arc of a curve to the right, said curve having a radius of365.14
feet and a chord bearing and distance of North 35 degrees 01 minutes 49 seconds East
meow
123.78 feet to a concrete monument found and the TRUE POINT OF BEGINNING.
Said tract containing 26.420 acres more or less.