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12-02-2013, December 2, 2013 Mayor and Council Minutes2800 King Street City of Smyrna Smyrna, Georgia 30080 Meeting Minutes - Final City Council Monday, December 2, 2013 7:30 PM Council Chambers Call to Order:Presiding Officer Mayor Max Bacon called the meeting to order at 7:34 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: 8 - Scott Cochran, Eric Taylor, Terri Graham, Samantha Kasraie, Chris Addicks, Tammi Saddler Jones, Toni Jo Howard and Ken Suddreth 1. Invocation and Pledge: The Mayor announced that the Mayor's Awards had just concluded. He advised that those in attendance for the public hearing did not have to sign in and would be sworn in for that agenda item. He called on Reverend Raymond G. Coffman, Log Cabin Community Church, who led all in the pledge to the flag and delivered the invocation. 2. A. 9 Agenda Changes:The Mayor stated that there were no agenda changes. Mayoral Report: 2013 -407 Campbell High School Educational Foundation Campbell Education Foundation board member Glen Jardin introduced Principal Denise McGhee and expressed his appreciation for the city leadership's support of Campbell High School. Mr. Jar din delivered a presentation, relaying details of the history of the Foundation and its mission. He shared fundraising activities held by the Foundation and the projects that had been funded. Principal McGhee thanked the Mayor, Council and Public Relations Director Jennifer Bennett for their efforts in support of Campbell High School. She shared graduation rates and special recognitions received by the school. Board members Jim Duelmer, Ann Kirk and Kathy Riggins were also present. The Mayor called on Ann Kirk to address a story he had heard about the city taking all of the recycling to a landfill. Ann Kirk stated that the City did not do that and that all recyclable were taken to a recycling plant. She expressed her confidence that this was the case because the City received revenue from the recyclables and she had visited the plants where items were being recycled. The Mayor referenced articles in the MDJ about the City's biodiesel program and encouraged all present to avail themselves of the program by recycling used cooking oil. Ms. Kirk detailed the locations where oil was taken. Land Issues /Zonings /Annexations: City or Smyrna 12 -02 -2013 A. 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 read aloud the agenda item, confirmed that the applicant was in attendance and advised that anyone wishing to speak on this item would be heard. Mr. Taylor delivered the background including the properties rezoning to mixed use on 11 -5 -2007 by a vote of 7 -0. He shared that development on that site had stalled as a result of the economic downturn and that it had gone into foreclosure. Mr. Taylor noted that on 11 -11 -2013 this request had been heard by the Planning and Zoning Board (PZB) and denied 7.0. He stated that Community Development recommended approval with stipulations. The Mayor announced the public hearing, calling for speakers to be swornin. Councilwoman Anulewioz called on Mr. Suddreth, who delivered a presentation on the amendment request. Mr. Suddreth reviewed the vote history on the item and relayed details of the location and scope of the property. He displayed zoning maps, outlined the applicant's request and shared that a significant constraint was parking, reviewing a previous plan that included a parking deck funded by TAD. He noted that the current request did not include TAD funding. Mr. Suddreth offered an update that Publix was no longer interested in becoming an anchor tenant and the parking configuration limited the area available for development. He displayed the currently approved site plan, highlighting the originally planned uses for each of the proposed buildings. Mr. Suddreth then displayed the proposed maps and site elevations, noting that this plan did not include the corner lot, which was under negotiation but currently bank - owned. The Mayor inquired if development on that lot would also have to be heard before Mayor and Council and Mr. Suddreth confirmed, sharing that he had discussions with the City Attorney to confirm that would be the case. Photos of interior finishes and amenities were displayed along with pictures of the subject property. Mr. Suddreth addressed comments from the PZB meeting about the new development qualifying as mixed use and stated that the ordinance did not contain particular thresholds. Mr. Suddreth commented that this proposal contained 24,500 sq. ft of retail space and satisfied requirements in his opinion. He shared statistics from other cities for the purposes of comparison and market conditions. He advised that Community Development recommended approval of the requested zoning amendment to modify the currently approved site plan and building elevations with stipulations (see "Attachment A "). Mr. Suddreth commented that staff was confident that renderings, along with the conditions, would ensure the look presented was achieved. He acknowledged the 7 -0 vote by the PZB and listed the possible options available to Council. Councilman Welch raised a question about an apparent discrepancy in the retail square footage used to calculate the parking requirements. Mr. Suddreth explained that the number was based on available commercial and did not include space used for the residential amenities and facilities. He elaborated that parking for future residents was minimal and temporary so it did not 12 -02 -2013 City of Smyma create an additional requirement. Councilwoman Blustein requested clarification on the appearance of the retail spaces not located along Atlanta Rd. Mr. Suddreth responded that the finishes would be the same and there was discussion about related design elements on the proposed site plan. He elaborated that none of the apartments would havedirect access to Atlanta Rd. and that additional parking did not preclude theinclusion of shops to meet market demands. The Mayor called on Mr. Garvis Sams, representative for Branch Capital Partners. Mr. Sams detailed the property, its zoning classification and details of the original development. He opined that it had been overzoned in 2007. Mr. Sams advised that Branch proposed to scale back from the original numbers and provided a breakout of sq. ft. per usage type. Mr. Sams submitted that Branch Partners would be open to being named sole developer. He appealed to Council to approve the development as appropriate to market conditions and a potential catalyst for organic growth. Mr. Sams noted that on November 14, 2013 the UDC had recommended approval and that there were plans to purchase and develop the corner lot. He advised that parcel was currently bank -owned and advised that necessary easements had been procured. Mr. Sams remarked on the original zoning, emphasizing that no stipulations governing the type of apartments were put in place in 2007. He provided the pricing of the proposed dwelling units along with details about the development's standards. He advised that a number of prohibited uses had been voluntarily added. Mr. Sams noted the emotionally charged circumstances and made known the complex would have a minimal impact on schools. Mr. Sams addressed comments about increased traffic, sharing that a traffic study had been conducted that showed no diminishment in level of service. Mr. Sams mentioned the benefit of the installation of a traffic signal at Church Street. He concluded that the proposal offered a walkable, new urbanistic, upscale lifestyle development that would be an investment in excess of 40 million dollars and precipitate development, generating the density needed for successful retail. Mr. Jack Haylett of Branch Capital advised that the elevations had been approved by the UDC, commentinged that the development was in compliance with city established setbacks. He noted that the dwelling units would be condo - level, for -lease units and shared the quality finishings and amenities that would be included. He advised that the units could be converted to condos at anytime and highlighted the average age and income of anticipated residents. Mr. Haylett offered statistics about average renters, emphasizing the minimal number of children that would reside in the complex; limiting the impact on the school system. Mr. Haylett compared the cost of the apartment units to homes in the 300K homes and shared that renters frequently purchased homes in the same area as their apartment residences. He stated that Branch was an established company with a substantial portfolio in Cobb and was committed to community. Mr. Jesse Shannon of 3340 Peachtree Rd., Director of Branch Capital's acquisitions retail group, commented on the market dynamics at the subject location. He advised that his company had reached out to every grocer located in, or entering into, the Atlanta market and that all had turned the site down. Mr. Shannon provided retail vacancy statistics of the area within a 2 mile radius of the site and noted that the numbers were five times what would be seen in a healthy market and half of the ideal forjustifying new construction. Mr. Shannon stated that it was not feasible to move forward with the original plan in the absence of market support and an anchor store. City of Smyrna - 12.02 -2013 The Mayor asked if, given the numbers, any retail could survive. Mr. Shannon replied in the affirmative, clarifying that the original plan was unsupportable and the revision was an appropriate amount for the proposed density. Mayor Bacon inquired if Branch was confident it could reach 100% occupancy and Mr. Shannon responded positively. He shared his company's vision that the development at Jonquil would serve as a catalyst for redevelopment in the downtown Smyrna area. He expressed appreciation for the community involvement and commented that meetings with residents had been held. He lamented that none had availed themselves of the opportunity for site visits to learn more about the product being offered by Branch. Mr. Howard Martin of 3435 Lee St. remarked on the recent announcement of the Braves stadium move to the Smyrna area. He cited the franchise as a driver in the need to establish quality restaurants, shops and lodging to accommodate teams and fans, stating that existing local businesses would flourish. Mr. Martin opined that the city did not need another apartment complex with transient residents, rather citizens willing to invest in the city. Jill Evans of 371 Hickory Acres inquired if Branch representatives had reached out to Atlanta area grocers following the Braves announcement. Mayor Bacon stated that he had talked with John Harmon of Publix. Ms. Evans recommended sports related retailers or other anchor stores in lieu of grocery. She made known that she was not opposed to convertible apartments and opined that residents wanted to see retail established. Sherri Klein of 1608 Ivy Springs Dr. shared that she was disheartened to hear the City was considering apartments when there was already a 10% vacancy rate. She also stated the need for quality shopping and opined that apartments would lower property values. Lemuel Ward of 1496 Spring St. commented on the formation of the Williams Park neighborhood community as the result of residents uniting for appropriate growth. He stated his opposition to a gated complex in the center of Smyrna and read aloud the definition of a mixed -use development. He submitted that the current plan was multi -use, unlike the mixed -use proposal of 2007. He acknowledged Mr. Suddreth 's discretion in determining qualifying mixed -use sites. Mr. Ward made known that he was protesting the gated community and not apartments; he stated that the amenitized development was isolated from the City and set a precedent. Keith Bentley of Gilbert Street relayed citizen comments from meetings conducted with Branch representatives that the development was too heavily weighted with residential and fell short in commercial and retail, unlike the 2007 plan that had 30% retail. Mr. Bentley shared the developer's analysis that the average household income within a 2 mile radius did not justify additional retail. He supplied census numbers and offered calculations based on the projected average salary information provided by Branch; he noted that the increase in household income would be a statistically insignificant number and requested that the application be denied. Casey Clavin of Roswell St. presented a handout and contended that the development did not qualify as mixed -use. She stated that 94% of the complex was residential and gated and that the single story retail buildings were not designed to accommodate expansion. She prononunced the parking at the complex inadequate, highlighting that 75% of the spaces were located within the gated community. Ms. Clavin concluded that it was not a suitable project for the downtown core. 12.02.2013 City of smyma Jack Easter of Williams Park referenced the city's code section 15 -08 and reviewed conditions with the following conclusions: a permit was not suitable in view of nearby properties; approval was dependent on mixed -use and 94% residential was not suitable; the development would adversely affect the area by squelching downtown development plans; a mixed -use community would provide reasonable economic use, which this did not; was not in conformity with the intent of the land -use plan, unlike the 2007 plan; insufficient parking and contained other conditions that would affect the area. Mr. Easter commended the development of the Market Village and the ensuing halo effect. He acknowledged the commitment of Mayor and Council to redevelopment and recognized the impact of the economic downturn, opining that the Braves announcement was a pivotal changing condition for the City of Smyrna. Mayor Bacon noted that this development had been under consideration and analysis for some time. Jonathan Strobe in Williams Park submitted that, as a gated community, the Proposed development was incompatible with the surrounding neighborhoods and underutilized prime mixed -use property. He noted the parcel under consideration was the largest assemblage in Smyrna's downtown corridor and should offer a complete experience with quality commercial and retail consistent with the City's redevelopment vision. He cautioned against setting a precedent. Robert Harrison of 2889 Alexander St. advised that he was the owner of the property closest to the proposed development. He addressed the project being referred to as compatible with the new urbanism movement; he stated that gated communities were the polar opposite of new urbanism's walkability and open access model. Mr. Harrison made known that he preferred no development rather than the approval of the proposed project. Corey Williams of 9203 Hayden Park Circle shared that he was a proponent of the development. He made know that he had selected West Village when he relocated to Atlanta and believed that "Class A" apartments with mixed were the future for outlying metropolitan cities. Mr. Williams observed that most opponents tended to be from one area. He commented on the Braves move and emphasized the importance of establishing a development that could be supported 365 days a year. Brian Bober of Woodland Brooke subdivision stated that he was in favor of the development as were many others with whom he was acquainted. He opined that the current plan had better walkability and less traffic impact than the 2007 plan. He talked about comparable gated communities and the layout of the retail locations at the proposed site. Mr. Bober opined that high density was needed to encourage high quality retail and that new urbanism was the future for America. He mentioned the one year waiting period for Branch Properties if the application was denied and encouraged Council to approve the application. David Veronicar of 3241 Collier Gate Ct. shared that he was within walking distance of the proposed development and made known that he believed this project to be inconsistent with the City's vision. He remarked that the actual impact of the Braves move was uncertain and that he also preferred no development to the construction of an apartment complex. He urged to Mayor and Council to vote against the application. Haley McQuaid of 1555 Roswell St. read aloud comments on behalf of her husband, relaying his remarks about: concern over placing an apartment City of Smyrna - 12.02 -2013 complex on a gateway location; the large number of apartments already in the area; not enough homes in Smyrna to meet market demand; stalled projects rebounding; the need to attract young professionals that wanted to invest in the community; a desire for vibrant shops, restaurants, festivals and residents that would be involved. It was made known that there was already a strong sense of community and examples of developments succeeding despite arguments the market would not support them were provided. The request to strive for a true main street and set the standard for future major development was made. Sonia Henderson Ingall of 2642 Highland Ave. shared comments by visitors to Smyrna that a large apartment complex would not fit Smyrna. Mrs. Henderson stated that she did not want her city to be represented by overdeveloped density and urged a vote to deny. Jean Martin of 3435 Lee Street remarked that Smyrna would support local businesses if it had them. She commented that despite the quality finishes the product was still apartments. She questioned what economic impact those rooftops would have if there were no local businesses to impact. Ms. Martin opined the development was a down - zoning and made known her disagreement with the implication that this was all Smyrna was worthy of having built on that parcel. Sean Murphy of 982 McClindon Ave. made known that a comprehensive study and an analysis by consultants had both recomended a mixed use development in that location, noting that the community had been engaged in both planning documents. He advised that he was not in support of a big box shopping center and submitted that there was no guarantee that townhomes or condos would not contain renters. Mr. Murphy cited that modern urban developments held their value and that there were currently no "class A" properties in the area. He opined that the development would attract residents that would become buyers of local homes. Mr. Murphy requested that two stipulations be added; a requirement for all first floor footage to be for lease retail and a requirement that there be a trash concierge service. Mike Terry of Forrest Hills relayed comments from emails he had received from various citizen's throughout the city. He shared excerpts from residents that were opposed to the development and concerned about the adverse impact it would have on property values and the city's sense of place, urging Mayor and Council to act as the voice of the people. Casey Rutherford of 1383 Marshton St. shared that she had recently moved to Smyrna from a multi -use apartment complex similar to that proposed. She noted that she had been drawn to the amenities. Mrs. Rutherford commented on the noise level of the neighbors, the smells around the complex, the number of people packed into the apartments and the high rent. She requested that Smyrna not bring that type of development to the community. Bob Preston of 5515 Red Bark Way made known that he was an architect with Preston Partnership. He shared that many projects like this had died in the recession and had left a blight on the landscape. He expressed his support for Branch's ability to bring the project back to life and establish a development of which the city could be proud. The Mayor commented that studies showed the need to add rooftops in order to support retail. He addressed comments that this item had been brought forth hastily. Mayor Bacon noted that the city had been working with Branch for some time to find common ground and figure out what was best for the 12 -02 -2013 City of Smyrna community. He recognized the emotional nature of the issue at hand Liz Davis of 1351 Roswell St. of Williams Park questioned what value this complex provided for the residents of Smyrna. She observed that the gated community did not offer the community at large any benefit and requested denial. Mrs. Davis opined that allowing this development would condemn Smyrna to being a bedroom community and that the city could do better. At Graves of 1079 Pinehurst Dr. commented that Smyrna had recently had a moratorium on apartments and questioned the change in policy. Mr. Graves noted that no matter the quality of apartments constructed if it was not successfully managed it would denigrate; he referred to the Hickory Lakes apartments purchased by the City. Mr. Graves remarked on the upscale downtown movement started and the restoration at Belmont. He expressed his hope that an effort to establish a gateway would be made and questioned the merit of bringing in transient residents that would not contribute to civic upgrading or commercial opportunities. The Mayor asked if there was anyone else that had been sworn in, stating the public hearing would be concluded. He called on Councilwoman Anulewicz and a gentleman approached the podium requesting to speak. He made known that he had only just arrived from out of town and was unable to get to the beginning of the meeting. The Mayor requested that Mr. Cochran swear him in. Bruce Hall Miller of 3372 Pretty Branch Dr. made known that he had lived in Smyrna for 24 years and had attended the PZB meeting where the application was denied 7 -0. He made the following points: everything changed with the Braves announcement and this process was moving too fast; a grocery store needed; more commercial was needed; a gateway to the city needed to be established; concerned about traffic; feasibility of conversion to condos due to small square footage; need to conduct crime impact study based on similar developments; impact of transient renters on schools; inability to establish sense of place; noise pollution for renters; commitment needed from branch to ensure upgrades implemented; too many unknowns; corner lot not owned by Branch. Mr. Miller requested denial and recommended that the developer come back when they owned the corner lot and knew more about the potential impact of the Braves entertainment district. Jesse Shannon stated that the site was currently zoned for apartments and that this hearing was not for a rezoning. He acknowledged that there was a reduction in retail density and stated that data to support that choice had been provided. Mr. Shannon shared that every mixed use development contained a gated portion to separate residential parking from retail parking and that the development had been overpacked to ensure successful retail. Mr. Shannon stated that retail required density and the way to eliminate traffic was to get to scalable density that created walkable communities. He submitted that the Braves franchise would be establishing its own on -site entertainment complex that would be utilized about 22% of the year, limiting the impact of its reach into Smyrna. Mr. Shannon relayed that the average household income of a comparable complex was over 100K and made known that estimates given for this project were available. The Mayor noted that the decision before the governing body was to be based on information at hand. Another gentleman approached the podium and the Mayor stated this would be the last speaker. The gentleman made known that the 2007 zoning was for condos and not apartments. He asserted that this application was not simply City of Smyrna 12 -02 -2013 an amendment. He emphasized that the original plan contained 30% retail and an anchor. He elaborated that this was not a zoning issue, rather one of planning. He opined that Smyrna needed a destination, not an apartment complex, and offered the success of the Food Truck event as proof that residents would support a destination development. Councilwoman Anulewicz acknowledged the diversity of opinions and thanked all for speaking. She stated that her questions about community use of the club house had been answered. She inquired if psychic readers could be precluded from permitted uses and Mr. Suddreth responded in the affirmative. She referenced that the UDC had approved unanimously the design to include wider awnings and Mr. Suddreth noted that Branch had been receptive. He advised that the wider awnings were not included in the proposal being considered but could be added as an additional condition. Councilwoman Anulewicz addressed a comment by Mr. Sams that Branch would be the sole developer and requested additional clarification. Mr. Suddreth explained that the reason a sole developer was not included in staff recommendation was that typically the development ran with the property. He advised he had no objections to including that provision. Mr. Sams clarified that Council was able to avail themselves of the opportunity to achieve a level of comfort that the project would be carried out by the developer with which they had expressed confidence. Councilwoman Blustein inquired why no underground parking was included and Mr. Sams responded that, without the TAD funding, it was not a financial feasibility. Councilwoman Anulewicz brought up the corner lot, inquiring if the option existed for the City to obtain right of way access for signage purposes while the property was in negotiations. Mr. Sams made known that the bank had been receptive to granting easements and speculated that they would be amenable to that. He addressed the overvaluation of the corner lot being a factor in the delay of the purchase. Councilwoman Wilkinson raised questions about the parking calculations and how the leasing office and clubhouse were factored in. She requested additional details about bicycle accommodations. Mr. Sams advised that parking ratio requirements had been exceeded in accordance with Branch's experience. He advised that bike ports would be provided. Councilwoman Wilkinson questioned if separate parking was needed for facilities associated with the apartment complex. Mr. Suddreth made known that the ordinance did not specifically segregate those uses to require additional parking. He addressed her question regarding bicycles, stating that those details were evaluated during plan review. Mr. Suddreth also noted that there was a difference in the parking requirements because it was within urban design guidelines and the proposed plan did meet the thresholds according to the ordinance. Councilman Lnenicka remarked on the staff recommended stipulation that referenced the letter by Garvis Sams. He highlighted the portion that addressed discrepancies between that letter and staff stipulations and which would apply. In particular, he raised the question about stipulations that were in Sams letter but not contained in staff stipulations. Councilman Lnenicka mentioned stipulation 15 regarding the purchase price of the city owned outparcels. He stated his understating from a brief conversation earlier that the decision had been made that the stipulation would not be applied. However, he does not see anything written to reflect that and inquired after the status of that stipulation. Mr. Suddreth agreed that the easiest solution would be to specifically delete that item and Councilman Lnenicka agreed. 12 -02 -2013 City of Smyma Councilman Lnenicka commented on stipulation 17 referencing the restaurants. He expressed his understanding that those restaurants would be located on the city owned parcels. The Councilman addressed the wording about alcohol licensing and his impression it implied the licenses would be granted without following standard city procedure. Mr. Suddreth stated that the ordinance applied and there was discussion about whether that stipulation should be struck. Mr. Suddreth opined that it did not interfere with the intent and could be removed. Councilman Lnenicka raised stipulation #7 regarding the composition of the exterior fagade and the fact that no requirement was in place to ensure siding was hardiplank or similar permanent material. Mr. Sams confirmed the applicant was agreeable with adding additional definition. Councilman Lnenicka addressed stipulation #18, explaining that from a legislative and enforcement perspective it could be determined as capricious or arbitrary. Mr. Sams informed the Councilman it could be enforced because the applicant acquiesced and was guided by the definitions used. There was discussion about the semantics and Mr. Sams made known that taken in context with the other documents governing the agreement the intent of the stipulation was clear. The Councilman shared that he did not agree the wording adequately clarified that conditions but was comfortable with the execution of the intent. Councilman Lnenicka inquired if there was any green space or outdoor recreational space for the residents. Mr. Sams advised that there were courtyards and outdoor grilling facilities but no denominated green space as defined in the city's ordinance. There was discussion about the monument and marquis signage. Councilman Lnenicka requested additional clarification on the marquis signs and Mr. Sams displayed the elevations. Councilman Lnenicka inquired if the private roads within the complex would be constructed according to city standards. Mr. Sams stated that they would be built to design detail specifications with respect to materials, composition, base and thickness but not width. Councilwoman Anulewicz expressed that many of her previously outstanding questions had been addressed. She relayed that she had received correspondence from citizens concerned that the apartments would be low quality, commenting that was not the case. The Councilwoman noted that this project was not the first to be considered and that extensive research and deliberation had gone into the development of this site. She remarked that the Braves stadium would have a tremendous impact on the immediately adjacent area but an indeterminate residual impact at Jonquil. Councilwoman Anulewicz made known that a traffic study had been conducted that stated the proposed site would result in fewer trips. She observed that housing and shopping trends were changing and that density was the key to generating more retail and walkability. She noted that she drives past the site every day and is committed to make a decision that will benefit the community. A motion was made by Councilwoman Anulewicz to approve 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. with the following conditions: delete stipulation 15; to delete stipulation 17; add detail for hardiplank siding; prohibit psychic readers; require the developer to take care of any damage done to sidewalks or other improvements installed by the City; recognize Branch Properties as the sole developer. The motion was seconded by Councilwoman Pritchett. City of Smyrna 12- 02.2013 Councilman Lnenicka commented that Branch was a reputable company and that he entrusted they would deliver the product as proposed. He advised that he had reviewed the plans according to the standards and disagreed with staff about the potential negative impact to home values. He expressed his concern that the proposed plan included treatment of the city owned parcels, noting that the location of the majority of the commercial proposed was anticipated to be on the city owned parcels. He elaborated this factor shaved the definition of mixed use and potentially created a hardship for the owner of the landlocked corner parcel. Councilman Lnenicka remarked on the significance of the corner lot as the gateway parcel and that the current plan excluded that lot. He observed that he had supported the decision in 2007 to approve the mixed use community that represented a significant investment in the City with commercial and retail. He shared that he did not consider the original project an overzoning and that the site remained a valuable location within Smyrna. He made known that he was not comfortable supporting the request. Councilman Fennel shared that he had carefully considered the various viewpoints, corresponded with citizens and held town hall meetings. He referenced the recently approved development in Ward 7 and the broad implications of large investments being made in Smyrna. He advised that this application had been studied for several months and remarked that Branch was an experienced developer and retail expert. He made known that he had reviewed the required criteria, stating it was an amendment and not a zoning issue. He referred to the right for a landowner to enjoy their property that could not be denied. Councilman Fennel noted that adequate stipulations were in place, that staff had vetted the proposal and that Smyrna would benefit from new residences attracting people to the community. He commented on the vision of the Market Village and the need for additional walking around capital in order for businesses to survive.The Councilman stated that this was the vision that Smyrna contemplated when the project started and that he would support the project in hopes that it would become an anchor for making Smyrna a place to live, work, play and stay. Councilwoman Wilkinson shared that several things discussed had made her uncomfortable. She commented that despite excellent amenities the gated community did not create a destination location for other Smyrna residents. She noted that there had been minimal descriptions of the businesses to occupy the complex and that the self - sufficient complex would not encourage use of downtown businesses, such as fitness centers. She observed that she did not foresee it helping the surrounding area and that it did not fit in with the existing residential and commercial. She made known that she was not opposed to apartments, rather that the application did not meet the definition of multi -use. The motion was denied 43 by the following vote: Aye: 3- Mayor pro tem /Councilmember Pritchett, Councilmember Anulewicz and Councilmember Fennel Nay: 4- Councilmember Blustein, Councilmember Welch, Councilmember Wilkinson and Councilmember Lnenicka B. 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 10 12-02 -2013 City of Smyrna The Mayor announced the item and confirmed the presence of the applicant. Mr. Taylor provided the background that Columbia Properties was seeking to amend the zoning to accommodate an organic grocer as the anchor and include another monument sign on the site. He advised that Community Development recommended approval. The Mayor confirmed that the applicant was present and announced the public hearing, asking all those wishing to speak to come forward and be sworn in. Councilman Lnenicka called on Mr. Suddreth, who delivered a presentation on the amendment request to accommodate installation of a small anchored shopping center. He displayed zoning maps, site plans and conditions. It was made known that it would be a true shopping center anchored by an organic grocery store with inline retail and that the previous approval for individual lots would remain, rolling over previous approvals and adding additional conditions (see Appendix "B "). Mayor Bacon commented on the elasticity of economic and market changes and there was discussion with the developer about the history of the project that culminated in Sprouts occupying the site. Councilman Lnenicka stated his excitement for the proposal and the positive feedback he had received from residents throughout the city. He commended the work of the developer and observed that customers would be attracted to the site from a large geographical area. Councilman Lnenicka inquired about the timeframe for opening and the applicant shared groundbreaking was anticipated in the spring. He noted that the store was not likely to open until Spring 2015 in order to offer a large variety of fresh produce. Brian Bober, resident of Woodland Brooke, noted that Sprouts had an excellent reputation. He made known his desire to ensure walkability of the new site; intersections with sidewalks, paths around the complex and brick crosswalks. Councilman Lnenicka advised that those elements would be part of the plan review process and that conversations about those items had already taken place. It was noted that those had been a condition of the verbal agreement of the previous zoning. 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 there were none. 6. Formal business: A. 2013 -419 Presentation of the FY13 Audit Toni Jo Howard introduced Tammy Gavis, who delivered the FY 2013 Audit report. Mrs. Gavis stated that a clean, unqualified opinion had been issued. She offered a brief overview with revenue highlights and presented it to Mayor and Council. Aye: 6- CouncilmemberBlustein, CouncilmemberAnulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel 7. Commercial Building Permits:The Mayor stated there were none. City ofSmyma 11 12.02 -2013 8. Consent Agenda: Mr. Taylor read aloud the Consent Agenda for approval. Aye: 6- Councilmember Blustein, Councilmember Anulewicz, Councilmember Welch, Councilmember Wilkinson, Councilmember Lnenicka and Councilmember Fennel A. 2013 -420 Approval of the November 18, 2013 Mayor and Council Meeting Minutes These minutes were approved. B. 2013 -418 Police Vehicle Equipment Installation - Light Cages /Push Bars Sponsors: Fennel and Police Chief Lee This Authorization was approved. 9. Committee Reports: Councilman Fennel announced that the City had recommended the sole finalist, Paige Day, as the Fire Chief. He advised that she would be present on December 16th and expressed his gratitude to the search and selection committee. The Councilman shared that the Cobb Chamber of Commerce had presented community service awards to; Home Depot (nominated by Smyrna Elementary School), Kenny Burts and Doug Herz. He officially welcomed the Atlanta Braves to the Smyrna area. Councilman Lnenicka wished all a happy holidays and thanked staff for the decorations. He commented that he would attend the holiday gathering hosted by Cedar Cliffs 1 & 2. The Councilman referred to the Jonquil proceedings, emphasizing the importance of Council addressing and working to resolve concerns so that they could be unified, offering citizen's confidence in their leadership. Councilwoman Wilkinson announced the annual lighting of the tree and the Coming Home for the Holidays event, along with the associated road closures. She reminded all of the BYOD party to be held at the Wolfe center. Councilman Welch stated that he had no formal report. He expressed that he did not take issue with Council having a split vote. He noted that he had made his decision during deliberations and was not confident that the applicant could have made the changes that would have convinced him to vote in favor of the project. Councilwoman Anulewicz stated that she was looking forward to seeing everyone at the Home for the Holidays parade. She observed that she had been disappointed by the outcome of the split vote and that she was not optimistic there would be any movement on that site for at least three years. Councilwoman Blustein opined that the number of parking spaces on the Jonquil site did not appear to be an optimal use of land. 10. Show Cause Hearings:The Mayor stated there were none. 11. Citizen Input: The Mayor called on Jill Edwards. There was no response. The Mayor called on Mr. Alex Backry. There was no response. 12. Adiournment:Presiding Officer Mayor Bacon declared the meeting adjourned at 12:01 a.m. 12 12.02 -2013 City of Smyrna December 1 [MAYOR AND COUNCIL MEETING] A. MAX BACON, MAYOR TERRI GRAHAM, CITY CLERK / Mil r TERI ANULEWICZ, WXRD 3 SUSAN WILKINSON, WARD 5 ANDREA BLUSTEIN, WARD 2 i CHARLES AWELCH, WARD 4 WADE S. LNENICKA, D.