03-21-2016 March 21, 2016 M&C Minutes - SIGNED - LFMonday, March 21, 2016
City of Smyrna
Meeting Minutes - Final
City Council
7:30 PM
Roll Call
2800 King Street
Smyrna, Georgia 30080
Council Chambers
Present: 7- Mayor Max Bacon, Councilmember Derek Norton, Councilmember Andrea
Blustein, Councilmember Teri Anulewicz, Councilmember Charles Welch,
Councilmember Susan Wilkinson and Councilmember Doug Stoner
Absent: 1 - Councilmember Ron Fennel
Also Present: 11 - Scott Cochran, Mike L Jones, Terri Graham, Ken Suddreth, Russell
Martin, Scott Stokes, Jennifer Bennett, Dan Campbell, Heather Corn,
Tammi Saddler Jones and David Lee
Call to Order
Mayor Max Bacon called the meeting of the Mayor and Council to order at 7:30 PM
on March 21, 2016
Invocation and Pledge:
The invoca0on was given by Marcus Wayne James of Cumberland Community
Church located at 3110 Sports Avenue. He led all in the Pledge of Allegiance.
2. Agenda Changes:
3. Mayoral Report:
There were no agenda changes
Mayor Bacon called for any candidates that would like to speak, Chuck Backman
came forward, he is running for Superior Court Judge for the seat currently held by
the retiring Judge Grubbs. He gave his personal and professional background.
Felicia Thomas came forward indicating she was running for Mayor.
The protest assembly disrupted the public meeting and Mayor Bacon called for a
recess at 7:40 PM noting that the meeting would reconvene.
A. Recessed meeting
A motion was made by Mayor Pro Tem /Councilmember Teri Anulewicz to go into
recess at 7:40 PM and reconvene later in the evening, seconded by Councilmember
Doug Stoner. The motion carded by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blustein, Councilmember
Anulewicz, Councilmember Welch, Councilmember Wlkinson and
Councilmember Stoner
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Absent: 1 - Councilmember Fennel
B. Reconvene meeting after recess
A motion was made by Mayor Pro Tem / Councilmember Teri Anulewicz to
reconvene the Mayor and Council Meeting at 9:05 PM, seconded by Councilmember
Doug Stoner. The motion carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blustein, Councilmember
Anulewicz, Councilmember Welch, Councilmember Wilkinson and
Councilmember Stoner
Absent: 1 - Councilmember Fennel
4. Land Issues/Zonings/Annexations:
A. Public Hearing - Zoning Request Z15-012 - Annexation, Rezoning and
Zoning Amendment for the construction of a 200 unit independent
senior housing development - 4.8 Acre Tract - Land Lot 691 - 4840 &
4788 Hanson Drive - Creekside Village Development Group, Inc.
Soonsors: Fennel
City Administrator Mike Jones read aloud the background for this item at the request
of Mayor Bacon and stated the following:
This item was a zoning request for the annexation, rezoning and zoning amendment
for the construction of a 200 unit independent senior housing development on 4.8
Acre Tract, Land Lot 691 located at 4840 & 4788 Hanson Drive by Creekside Village
Development Group, Inc., applicant.
This would be a Public Hearing with no vote. Creekside Village Development Group,
Inc. was requesting a zoning amendment to modify the site plan and building
elevations for the independent senior living on the northern portion of the site (phase
ll). The currently approved zoning plan from Rezoning Case Z08-010 allows a mixed
use building with 120 independent senior living units over 70, 000 sq. ft. of
commercial retail space. The currently approved building provides a four-story
building over a two-level packing deck. The applicant has acquired the adjoining
residential property at 4788 Hanson Drive (-0.6 acres) and is proposing to annex and
rezone the property to include it into the overall development project. The proposed
annexation and rezoning is from R-20 (Cobb County) to Mixed Use -Conditional
(Smyrna). Cobb County has reviewed the annexation and rezoning request and has
responded with a letter of non -objection to the request. The applicant was proposing
to amend the currently approved zoning plan by eliminating the 70, 000 sq. ft. of
commercial retail space and increasing the number of independent senior living units
from 120 to 200. This will result in a change in approved building from a four-story
building over structured parking to a ten -story building over structured parking. In
addition there are slight modification to internal site circulation and access.
The Mayor and Council approved the annexation and rezoning (Z08-010) of the
subject property from R-20 (Cobb County) to MU -Conditional (Smyrna) on December
15, 2008 by a vote of 5-2. The approval of the rezoning allows for the construction of
a mixed use development that would consist of a two-story 69 unit assisted living
facility and a four-story mixed use building consisting of 120 independent senior living
units and 70,000 sq. ft. of commercial retail and office space. The development was
rezoned to a specific site plan and building elevations, which provided an assisted
living facility on the southern portion of the site (phase 1) and a mixed-use building
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(retail and office on the ground floor and age restricted condominiums and senior
apartments on the top floors) on the northern portion of the site (phase 11). Both
building were proposed to have packing structures underneath each building to
support each use. The independent senior living units were to be accessed off
Hanson Drive and the assisted living facility was to be accessed off South Cobb
Drive. The specific site plans and building elevations were approved as conditions of
the zoning. Subsequently, in September 2013, the applicant requested a zoning
amendment for assisted living facility in phase 1. The zoning amendment for the
assisted living facility dealt with modifications to the site plan and building elevations.
These modifications included the elimination of the structured parking and the
increase of the number of beds from 78 beds to 108 beds because the applicant
wanted to add a terrace level to address geological and topographical issues on site.
The Mayor and Council approved the zoning amendment by a vote of 7-0. Since the
approval of the zoning amendment, the assisted living facility has been constructed
and is about to receive its Certificate of Occupancy.
This zoning request was tabled at the July 13, 2015 Planning and Zoning Board
meeting to August 10, 2015 meeting by a vote of 7-0. This meeting was tabled at the
September 14, 2015 meeting at the request of the applicant. Planning and Zoning
Board approved this zoning request February 8, 2016 with a 7-0 vote.
Community Development recommends approval of the proposed zoning amendment
with the following conditions carried over from Zoning Case Z13-016 (changes are
noted with the words NOT APPLICABLE):
Senior Planner, Russell Martin came forward and reviewed the information and read
aloud the following applicable conditions.
Standard Conditions
(Requirements #2, 16 and 17 from Section 1201 of the Zoning Code are not
applicable)
1. The composition of the buildings in the development shall include mixture of
elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No
elevation shall be comprised of 100% hardy plank siding. The buildings whose lots
abut external roadways shall not be permitted to utilize hardy plank for any elevation
facing these roads.
2. There shall be protective covenants on all lots. These protective covenants
shall be supplied to the city prior to the issuance of a building permit.
3. The developer shall provide at least 200 square feet of common space per lot
or unit. This common space shall be developed with improvements for the residential
development such as., gazebos, fountains, recreatlonakplayground equipment or
walking trails. The common space shall be controlled and maintained by the
Homeowners' Association.
4. The detention pond shall be placed and screened appropriately to be
unobtrusive to buildings inside and outside the development. The storm water
detention plan shall be designed to create at least a 10% reduction in a 2 -year to
100 -year storm event. The City Engineer shall approve all plans.
5. All utilities within the development shall be underground.
6. The developer shall be responsible for any tragic improvements (including
additional right-of-way dedications) deemed necessary by either the City or the
County during construction plan review. Sidewalks shall be provided by the
developer inside the development and outside the development adjacent to any
public right-of-way consistent with City's requirements for the extent of the
development. A grass buffer with a minimum width of 2' shall be provided between
the back of curb and sidewalk. The grass buffer maybe waived if it is deemed
unnecessary by the City Engineer.
7. The developer shall install a deceleration lane at the entrance for the
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development. The deceleration lane shall have a minimum length of 150 feet with a
50 -foot taper.
8. A strip of brick pavers or stamped concrete shall be installed on the street at the
development entrance for a minimum distance of 20 feet.
9. The development of any streets (including private) shall conform to the City's
standards for public right-of-ways.
10. No debris may be buried on any lot or common area.
11. The developer will install decorative streetlights within the development,
subject to approval by the City Engineer. Utilization of low intensity, environmental
type lighting, the illumination of which shall be confined within the perimeter of the
subject property through the use of "full -cutoff lighting".
12. The developer will comply with the City's current tree ordinance (unless noted
elsewhere). All required tree protection measures shall be adhered to by the
developer during construction.
13. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
14. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
Special Conditions:
15. The development shall maintain the following setbacks:
Two-StoryAssisted Living:
Minimum Front - 0'
Minimum Side - 5'
Minimum Rear - 20'
Ten -Story Independent Living/Mixed Use:
Minimum Front - 0'
Minimum Side - 5'
Minimum Rear- 20'
16. A 10' landscape buffer shall be provided and maintained along the property
lines, except where varied by the approved site plan.
17. The applicant shall provide a covered entrance way over the passenger drop
off zone at the Assisted Living site.
18. If deemed necessary by the City Engineer or Cobb County during construction
plan review, a second deceleration shall be provided.
19. The trash dumpsters shall utilize rubber tops and/or trash compactors be
appropriately screened with a three -sided brick enclosure.
20. (NOT APPLICABLE] The applicant must obtain an easement to access the
private sewer system on the adjacent property to the south or if the applicant elects
to use the sewer along South Cobb Drive, approval must be obtained from the
appropriate jurisdiction.
21. Units shall be limited to those persons age 55 and older as defined by the Fair
Housing Act as may be amended from time to time. This requirement shall be
included in the protective covenants developed for the property.
22. The development should incorporate applicable accessibility and "easy living"
standards (as administered and copyrighted by a coalition of Georgia citizens
including AARP of Georgia, Atlanta Regional Commission, Concrete Change,
Georgia Department of Community Affairs, Governor's Council on Developmental
Disabilities, Home Builders Association of Georgia, Shepherd Center and the
Statewide Independent Living Council of Georgia) to include at least one full bath with
ample maneuvering space.
23. Each unit must be protected by a fire sprinkler system.
24. [NOT APPLICABLE] The mandatory homeowners association must include
the following rule for the independent senior living units:
• No more than 20% of the total units may be leased by individual owners at a
time and for no term less than one year in duration.
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25. The applicant shall provide a refundable deposit of $3,000.00 per acre at the
issuance of a building permit for the cost of general site maintenance should the
property be abandoned and no site maintenance is provided. At the completion of the
overall project and the issuance of a Certificate of Occupancy, all or a porton the
deposit shall be refunded to the person or entity that provided the deposit. If the
developer is unable to provide a deposit, a five-year bond or letter of credit shall be
an acceptable alternative. This bond or letter of credit may be a two-year bond or
letter of credit that is automatically renewed for a period of five year. At the
completion of the overall project and the issuance of a Certificate of Occupancy, the
bond or letter of credit should be released to the developer.
26. The proposed development shall conform in substantial compliance to the site
plan dated 1/112016for the independent senior living facility and the site plan
submitted on8192013 in Zoning Case Z13-016for the assisted living facility. Slight
deviations to the site plan may be approved by the Community Development
Director. Any significant changes to the site plan will require an amendment to this
rezoning.
27. The proposed development shall conform substantially to the conceptual
elevations submitted on 1/112016for the independent living facility and the elevations
submitted on8/92013 in Zoning Case Z13-016for the assisted living facility. Detailed
elevations indicating building materials and colors shall be submitted to Community
Development prior to final approval. Slight deviations to the elevations maybe
approved by the Community Development Director. However, any significant
changes to the elevations will require an amendment to this rezoning.
28. [I✓OTAPPLICABLE] The following uses shall not be permitted on subject
property:
Check Cashing Offices
Pawn Shops
Package Stores
Tattoo Parlor
Arcades
Pool Halls
Cigar Shops
Automotive Shops and Service Centers
Adult Entertainment
29. If any fence is constructed on the southern property line, it shall be wooden or
decorative metal.
30. Decorative metal fencing shall be constructed along the top of all retaining
walls providing a structural safety barrier as well as an attractive architectural
element.
Additionally, Mr. Martin stated that this property was located between Hanson Drive
and South Cobb Drive in Ward 7. The majority of the area was zoned Mixed Use and
surrounded by Cobb County. This property was zoned Urban Residential and would
not change with this request. He spoke about Phase I consisting of a memory care
facility and assisted living. Phase 11 would be mixed use with a four story parking
garage and 120 independent senior living housing units. He showed the proposed
site plan with different building configurations increased building height and senior
bedding count. The new proposed building elevations were shown as well as a
picture of how it would look from the East-West Connector
CouncilmemberAnulewicz asked the developer and local resident, Jason Lewis
about the specifics of what was being offered to seniors. He stated it was
independent living with an activity director. He also stated the 55 and up tower would
be connected to the assisted living center.
B. Approval of Ordinance #2016-04 - Annexation request (100% of
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City Council Meeting Minutes - Final March 21, 2016
owners requesting annexation) - Land Lot 691, 17th District, 2nd
Section, Cobb County, .60 acre tract - 4788 Hanson Drive, Smyrna
Georgia, Ward 7 - effective date April 1, 2016
sponsors: Fennel
Councilmember Ron Fennel who was absent for this vote and he is the sponsor for
the items 4 A -C he sent a message to the City Clerk advising:
"Out of the abundance of caution and in full disclosure. l wish to recuse myself from
a pending action of City Council. Having a previous business association with the
applicant, Jason Lewis, I will recuse myself from consideration of item 2016194,
Zoning Request Z16012.
Although I have no interest in the project in question, 1 choose to recuse myself, due
to the previous and potential future business dealings with the applicant."
A motion was made by Councilmember Doug Stoner for item 2016-102 to approve
Ordinance #2016-04 - Annexation request (100% of owners requesting annexation) -
Land Lot 691, 17th District, 2nd Section, Cobb County, 60 acre tract - 4788 Hanson
Drive, Smyrna Georgia, Ward 7 - effective date April 1, 2016; Seconded by
Councilmember CHades "Corkey" Welch.
The motion carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blustein, Councilmember
Anulewicz, Councilmember Welch, Councilmember Wilkinson and
Councilmember Stoner
Absent: 1 - Councilmember Fennel
C. Final Vote - Zoning Request Z15-012 - Annexation, Rezoning and
Zoning Amendment for the construction of a 200 unit independent
senior housing development - 4.8 Acre Tract - Land Lot 691 - 4840 &
4788 Hanson Drive - Creekside Village Development Group, Inc.
Sponsors; Fennel
A motion was made by Councilmember Doug Stoner to approve item 2016-104 for
the Final Vote - Zoning Request Z16-012 - Annexation, Rezoning and Zoning
Amendment for the construction of a 200 unit independent senior housing
development - 4.8 Acre Tract - Land Lot 691 - 4840 & 4788 Hanson Drive -
Creekside Village Development Group, Inc. to include all recommended stipulations,
seconded by Councilmember Charles "Corkey" Welch. The motion carried by the
following vote:
Aye: 6 - Councilmember Norton, Councilmember Blustein, Councilmember
Anulewicz, Councilmember Welch, Councilmember Wilkinson and
Councilmember Stoner
Absent: 1 - Councilmember Fennel
5. Privilege Licenses:
There were no Privilege Licenses
6. Formal Business:
A. Approval for the City of Smyrna to continue as a Subrecipient of the
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City Council Meeting Minutes • Final March 21, 2016
Cobb County CDBG Program and authorize the Mayor to sign the
2016 Subrecipient Agreement documents.
sponsors: Stoner
City Administrator Mike L. Jones gave the background for this item. It is for the
approval for the City of Smyrna to continue as a Subrecipient of the Cobb County
CDBG Program and authorize the Mayor to sign the 2016 Subrecipient Agreement
documents.
Every year the City of Smyrna signs a Subrecipient Agrement with Cobb County
CDBG. This agreement authorizes Cobb County to continue the administration of
funds and reporting to HUD on behalf of The City. The City's preliminary funding
amount for 2016 is $200,765.00. This amount is subject to increase should HUD
release more funds to Cobb County.
Staff recommends approval for the City to continue as a Subrecipient of the Cobb
County CDBG Program and for the Mayor to sign the 2016 Subrecipient Agreements
Assistant City Administrator Tammi Saddler -Jones came to the podium. She listed
some of the 2015 CDBG completed projects and said that 2016 CDBG projects had
not been determined yet. 2015 the City received $291,000. 2016 had a decrease in
award funds to $200,765.
A motion was made by Councilmember Doug Stoner to approve Contract
CON2016-02 for the City of Smyrna to continue as a Sub -recipient of the Cobb
County CDBG Program and authorize the Mayor to sign the 2016 Sub -recipient
Agreement documents, seconded by Councilmember Susan Wilkinson. The motion
carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blustein, Councilmember
Anulewicz, Councilmember Welch, Councilmember Wilkinson and
Councilmember Stoner
Absent: 1 - Councilmember Fennel
Commercial Building Permits:
There were no Commercial Building Permits
Consent Agenda:
The consent agenda was read aloud by City Administrator Mike Jones for Council
approval.
A motion was made by Councilmember Charles "Corkey" Welch to approve the
consent agenda, seconded by Mayor Pro Tem / Councilmember Teri Anulewicz. The
motion carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blustein, Councilmember
Anulewicz, Councilmember Welch, Councilmember Wilkinson and
Councilmember Stoner
Absent: 1 - Councilmember Fennel
A. Approval of the March 7, 2016 Mayor and Council Meeting Minutes
Sponsors City Council
B. Award RFP 16-031 Pipe Burst Process Drainage Rehabilitation
Annual Contract to the lowest bidder, 3 Rivers utility Rehab LLC for
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City Council Meeting Minutes - Final March 21, 2016
the unit prices submitted in their bid and authorize the Mayor to
execute any related documents.
Sponsors: Welch
C. Award RFP 16-030 CIPP Process Drainage Rehabilitation Annual
Contract to the lowest bidder based on unit pricing to CaJenn
Construction and Rehabilitation Services and Authorize the Mayor to
execute any associated documents.
Sponsors: Welch
D. Award RFP 16-032 Public Works F250 Extended Cab Truck to the
most responsive and responsible bidder Wade Ford for $31,773.00
and authorize the Mayor to execute any related documents.
Sponsors: Welch
E. Award RFQ 16-029 Departmental Vehicles to the combined lowest
bidder for four (4) vehicles specified as outlined in the RFQ to Wade
Ford for $86,702.00 and authorize the Mayor to execute any
associated documents.
Sponsors: Welch
F. Award RFP 16-027 Glendale Place to the lowest bidder Ohmshiv
Construction LLC for $1,396,992.80 and authorize the Mayor to
execute any related documents.
Sponsors: Wilkinson
G. Approval of the Student Affiliation Agreement with WellStar Health
System and authorize the Mayor to execute any related documents.
Sponsors: Norton
H. Approval of Star 94.1 FM to produce and hold an event titled
"Woofstock" in the downtown (Village Green and Smyrna Market
Village area) on October 1, 2016
Sponsors: Anulewicz
9. Committee Reports:
Ward 1 - Councilmember Derrick Norton had no report.
Ward 2 - Councilmember Andrea Blustein had no report.
Ward 3 - Mayor Pro Tem /Councilmember Teri Anulewicz gave information about the
event to be held the following evening sponsored by the Vision group.
Ward 4 - Councilmember Corkey Welch had no report.
Ward 5 - Councilmember Susan Wilkinson had no report.
Ward 6 - Councilmember Doug Stoner reminded citizens of Fridays closure for Good
Friday.
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City Council Meeting Minutes • Final March 21, 2016
Ward 7 - Councilmember Ron Fennel was absent.
10. Show Cause Hearings:
11. Citizen Input:
12. Adjournment:
There was no Show Cause Hearings
A concerned citizen spoke about manners and responsibility in reference to what he
feels was unreturned phone calls from a Councilmember. He also referenced a piece
of property bordering his that he has cut and kept for several years and he wants the
City to step up and take care of their own property. He has called as early as today
and the people he met with want to spray it with poison as opposed to mowing it. He
is not satisfied.
Gary Pelphrey spoke about Nick Thomas chase and noted the one year anniversary
in a few days. He also remarked that he was disappointed in the interruption of a
lady who was praying and was interrupted by the Mayor with the Pledge of
Allegiance. He remarked that he counted 24 officers present tonight and he felt they
did not know how to get promoted except by killing.
Mayor Max Bacon adjourned the Mayor and Council Meeting at 9:28 PM.
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MAYOR AND COUNCIL MEETING
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A. MAX BACON, MAYOR TERRI GRAHAM, CITY CLERK
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DEMEK NORTON, WARD 1
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TERI ANULEWI , WARD 3
MAYOR PRO TEM
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RON FENNEL, WARD 7
ANDREA BLUSTEIN, WARD 2
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CHARLES A.WELCH, WARD 4