01-22-2019 January 22, 2019 Mayor and Council Meeting Minutes - SIGNED - LFSMYRNA
Tuesday, January 22, 2019
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City of Smyrna
Meeting Minutes - Final
City Council
7:00 PM
Roll Call
2800 King Street
Smyrna, Georgia 30080
Council Chambers
Present: 8 - Mayor Max Bacon, Councilmember Derek Norton, Councilmember Maryline
Blackburn, Councilmember Andrea Blustein, Councilmember Charles
Welch, Councilmember Susan Wilkinson, Councilmember Tim Gould and
Councilmember Ron Fennel
Also Present: 7 - Tammi Saddler Jones, Scott Cochran, Terri Graham, Kay Bolick, Ken
Suddreth, Russell Martin and Tina Monaghan
Call to Order
Mayor A. Max Bacon called the meeting to order at 7:00 PM.
Invocation and Pledge:
Pastor Phil Manginelli, The Square (981 Powder Springs Street) delivered Invocation
and led all in the Pledge of Allegiance.
Agenda Changes:
There were no agenda changes.
Mayoral Report:
2019-21 Georgia Municipal Association 2018 Safety and Liability Grant
Presentation
City Administrator Tammi Saddler Jones introduced Kay Love, Municipal Operations
Consultant with Georgia Municipal Association (GMA), and Human Resources Director
Kay Bolick who were present for a check presentation.
Ms. Love explained that the City of Smyma applied for two grants ($10,000 each) and
was awarded the full amount on each which totaled $20, 000. The GMA Safety and
Liability Management Grant program was introduced in 2000 to provide a financial
incentive to assist members in improving their employee safety and general public
liability loss control efforts through training and the purchase of equipment or services.
Since the inception of the program, over 130 cities have received grant money through
the program.
Councilmember Maryline Blackburn, Chair of the Human Resources Committee and
Councilmember Ron Fennel, Chair of the Finance Committee joined Ms. Love and Ms.
Bolick for the presentation of the check and photos.
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4. Land Issues/Zonings/Annexations:
A. Public Hearin - Zoning Request Z18-019 - Rezoning from OI to
TS-Conditional for the construction of a new hotel - 0.99 Acres - Land Lot
881 - 2875 Spring Hill Parkway - MCP III Real Estate, LLC
Sponsors: Norton
Ms. Saddler Jones summarized the background information. MCP 111 Real Estate,
LLC is requesting to rezone the property at 2875 Spring Hill Parkway from
Office/lnstitutional (Ol) to Tourist Services (TS) - Conditional for the development of a
seven -story, 136 room hotel with structured parking. The applicant is proposing to
demolish the existing one-story office/warehouse building to construct a seven -story,
136 room hotel over a two-story structured parking deck. The Planning and Zoning
Commission heard the rezoning request at the December 10, 2019 meeting and
recommended approval with staff conditions by vote of 7-0. Community Development
recommended approval of the rezoning from OI to TS-Conditional for a proposed
seven -story, 136 room boutique hotel with conditions.
Mayor Max Bacon announced the public hearing and no one came forward to speak.
Councilmember Norton asked Mr. Russell Martin to come forward and present
information on this request.
Mr. Martin went over the information with Mayor and Council including that it will be a
136 room, seven story hotel on Spring Hill Parkway. Future land use map has this as
regional activity center designation. The site will be accessed from a full access
driveway off Spring Hill Parkway on to the top deck of the structure and the bottom
deck of the parking structured being located below grade. The proposed driveway
entrance to the site will remain unchanged for where it is located today. Patrons will
enter the site onto the top deck of the parking deck where there will be 28 parking
spaces and an area for drop off and pick up. An additional 73 parking spaces will be
located on the lower level of the parking deck beneath the hotel. The total number of
parking spaces provided is 101 spaces at a ratio of 0.74 spaces per room. Applicant
requested seven variances including setbacks, landscape, parking reduction, increase
in building height and additional wall sign with an increase in sign area. The goal is to
have a second sign to keep scale with building. Community Development
recommended approval of the rezoning from O! to TS-Conditional for a proposed
seven -story, 136 room boutique hotel with the following conditions:
Standard Conditions
(Requirement #Z 3, 4, 8, 9, 10, 11, 16 and 17 from Section 1201 of the Zoning Code is
not applicable)
1. The composition of the homes in a residential subdivision shall include a mixture of
elements including; but not limited to: brick, stone, shake, hardy plank and stucco.
No elevation shall be comprised of 100 percent hardy plank siding. The residences
along extemal roadways shall not be permitted to utilize hardy plank for any elevation
facing these roads.
2. The retention pond shall be placed and screened appropriately to be unobtrusive to
homes inside and outside the development. The storm water detention plan shall be
designed to create at least a ten percent reduction in a 100-year storm event. The city
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engineer shall approve all plans.
3. All utilities within the development shall be underground.
4. The developer shall be responsible for any traffic improvements (including
additional right-of-way dedications) deemed necessary by either the city or the county
during construction plan review. Sidewalks shall be provided by the developer inside
the subdivision and outside the subdivision adjacent to any public right-of-way
consistent with city's requirements for the extent of the development. A grass buffer
with a minimum width of two inches shall be provided between the back of curb and
sidewalk.
5. No debris may be buried on any lot or common area.
6. The developer will comply with the city's current tree ordinance. All required tree
protection measures shall be adhered to by the developer during construction.
7. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances. There shall be a
landscaped front entrance, with monument, indicating the name of the development.
8. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
Special Conditions
9. The development shall maintain the following setbacks:
Front - 31' (from the existing Right-of-way)
Side - 5'
Rear - 7'
10. The developer shall be responsible for any water and sanitary sewer improvements
deemed necessary by the Public Works Director or Cobb County Water System
during construction plan review.
11. The developer shall be responsible for any fire access improvements deemed
necessary by the Fire Marshal during construction plan review.
12. Trees shall be planted the entire length of Spring Hill Parkway at an average
spacing of no more than 40'.
13. The proposed dumpster shall be located at the rear of the property and screened
from the public right-of-way.
14. The development shall be limited to one access point on Spring Hill Parkway
15. The development shall be allowed two wall signs (one sign on the Spring Hill
Parkway elevation and one sign on the 1-285 elevation) with a maximum allowable sign
area of 125 sq. ft. for each sign.
16. All trees within the limits of disturbance and not located within a tree protection
area must be removed during the land clearing and grading phase of the development.
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17. Approval of the subject property for the TS zoning district shall be conditioned
upon the development of the property in substantial compliance with the site plan
submitted 11/9/2018 created by Kimley Horn and all zoning stipulations above.
18. The applicant shall be bound to the elevations submitted and dated 11/9/2018.
Approval of any change to the elevations must be obtained from the Director of
Community Development.
19. The additional stipulations agreed upon by the applicant in the letter submitted
and dated on December 4, 2018. If there should be a discrepancy between the
stipulations in the December 4, 2018 letter and the stipulations stated above, the
stipulations stated above shall apply.
The Mayor opened the floor for questions and there were none.
Mayor Bacon asked the applicant to step forward. Mr. Garvis Sams was present to
represent the applicant.
Mr. Garvis Sams made a presentation regarding the agenda item. He noted that the
Planning and Zoning Commission approved the change and that the applicant imposed
some restrictions of their own. He spoke a bit about the applicants that have 68
combined years of experience in the hotel industry. Property is .99 acres, so it is a
small piece of property. The applicant owns, manages and operates Holiday Inn
Express inext door and intends to do the same with this hotel. The criteria of the LCI
which was approved by Council back in 2017 is met. They submitted the application
on November 9th, stipulation letter on December 4th and followed at the next Planning
and Zoning meeting which was December 10th. Element is a Marriot brand that is
targeted to double income millennial travelers. Architecture is high end. Hotel will
provide regularly scheduled shuttle service to surrounding areas and landmarks.
Parking can also carry over to the Holiday Inn Express which is next door and has
plenty of extra parking.
No questions were asked of Mr. Sams.
Mr. Norton thanked Mr. Martin for his thorough explanation and Mr. Sams for his
presentation.
Councilmember Derek Norton made a motion to approve Zoning Request Z18-019 -
Rezoning from OI to TS-Conditional for the construction of a new hotel - 0.99 Acres -
Land Lot 881 - 2875 Spring Hill Parkway - MCP III Real Estate, LLC. Councilmember
Andrea Blustein seconded the motion.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Wilkinson, Councilmember Gould and
Councilmember Fennel
Absent: 1 - Councilmember Welch
B. Public Hearing - Zoning Request Z18-017 - Rezoning from R-15 to OI
for an office use - 0.88 Acres - Land Lot 420 - 894 Pat Mell Road - Melba
Bush
Sponsors: Wilkinson
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The background information was provided by City Administrator Tammi Saddler Jones.
Melba Bush was proposing to rezone the property at 894 Pat Mall Road from R-15 to
OI for the continued use of the existing structure as an office building. The subject
property was developed and used for a dentist's office (operated by her now retired
husband Dr. Bush) over the last few decades. The site has sat vacant since Dr. Bush
retired. Due to the property being vacant for several years, the subject property has
lost its legal non -conforming status and therefore requires rezoning to be used as a
office. The rezoning request was heard by the Planning and Zoning Commission on
December 10, 2018 and was recommended for approval with staff conditions by vote of
7-0. Community Development recommended approval of the proposed rezoning from
R-15 to OI for use as an office building with conditions.
Mayor Bacon opened the public hearing and one person came forward in opposition to
the request.
The Mayor asked City Attorney Scott Cochran how to best handle this agenda item if it
winds up being tabled.
Ms. Wilkinson stated that she was comfortable with moving forward after talking to the
applicant before the meeting.
Attomey Cochran swore in the applicant and anyone wanting to speak in reference to
the property at the request of the Mayor. Three people were swom in.
Councilmember Wilkinson asked that Mr. Russel Martin come forward and present the
information.
Mr. Martin presented the detailed information about the request. Melba Bush proposed
to rezone the property at 894 Pat Mell Road from R-15 to Oi for the continued use of
the existing structure as an office building. The change from R-15 to Ol will bring the
zoning in line with the historical use of the property. By rezoning the subject parcel to
Ol, the zoning of the property will be consistent with the way the property was
developed and used for several decades. The zoning will not change the character of
the neighborhood because the office use has been established for a long time. The
zoning proposal brings the zoning of property in line with the use of the property. The
rezoning request was heard by the Planning and Zoning Commission at their
December 10, 2018 meeting and was recommended for approval with staff conditions
by vote of 7-0. Community Development recommended approval of the proposed
rezoning from R-15 to OI for use as an office building with the following conditions:
1. Vehicular access to and from Wells Circle shall be prohibited.
2. A 35' undisturbed buffer shall be maintained along Wells Circle.
Councilmember Charles "Corkey" Welch joined the meeting at 7:25 PM.
Ms. Wilkinson asked Mr. Martin about the potential uses under the new proposed
classification.
Mr. Martin read aloud from the zoning code the information that she requested.
Twenty-four uses would be allowed on the property as a result of the new classification.
Councilmember Wilkinson inquired if a printing company would be allowed.
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Mr. Martin does not see printing service directly mentioned.
The Mayor asked Ms. Wilkinson if she could indicate where she found the information
referencing printing companies.
Councilmember Fennel asked if the property by virtue had reverted to residential.
Senior Planner, Russell Martin explained that it had and if a change was not made,
then the property could only be residential or R15.
Councilmember Gould requested the rationale for why the property is a good location
for Ol zoning.
Mr. Martin explained that it is a historical precedent. The property owners are trying to
get the zoning to match with what the property has historically been used for over forty
(40) years. Community Development had done their due diligence to make sure the
neighborhood was protected by limiting access to Wells Drive and allow the applicant's
request to bring the zoning in line with it's historical use. The parcel is limiting and
they felt the zoning with the two stipulations was enough to protect the neighborhood.
Ms. Wilkinson located the stipulation for the printing business and asked Mr. Martin
for more details regarding this. She also wanted to know if the zoning classification
remained with the property.
Mr. Martin explained that it did not mean a large printing press operation but rather a
business that does printing on a small scale and that the zoning classification does
remain with the property and not the owner.
Mayor Bacon asked to review existing parking on the property.
Mr. Martin showed the sketch that included parking and it was revealed that there are
existing parking spots in the front of the property that have been there for some time.
Councilmember Blackburn inquired about any other conditions or stipulations that
could be put in place to keep a business from disturbing the community.
in response, Mr. Martin explained that any new potential business would have to meet
requirements and the property itself is limited in what can be done there. There is a
possibility of redevelopment, but it would have to be in compliance with all of the City's
Ordinances.
Mr. Norton commented that the size of the property seemed to really limit the uses, to
which Mr. Martin agreed that the property was under an acre and they have placed a
35-foot undisturbed buffer across the back and with the 50-foot setback on the front
of Pat Mell the property shrinks. The property is a narrow linear property that runs from
Pat Mell to Wells Circle.
Ms. Wilkinson asked what the side set back is under Ol (Office institutional). Mr.
Martin responded that the side setback is 15 feet for Ol. Ms. Wilkinson asked what
the side set was when OI abuts residential property. Mr. Martin read the requirements,
no building in a residential district shall be located closer than 50 feet to a property
which abuts it.
Mr. Martin noted when looking at this property it is 115 feet from the east and west
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property lines. If zoning standards were met for a new structure, the building could
only be 15-foot-wide.
Councilmember Gould requested that Mr. Martin repeat the setbacks. O and I has a
15-foot side set back but if a structure abuts a residential zoning district the building
would need to be set back 50 feet from the property line.
Mr. Gould confirmed that on this property without variances, the available space for a
new building would be a width of 15-feet, Mr. Martin agreed. He also stated that there
were other access requirements that would shrink down the available property space
from the total footage of the parcel.
The Mayor stated that it would be very difficult for a new building to be there especially
with all the restrictions. He confirmed that the council is not looking at a new building
they are looking at a zoning with the current building staying intact. Mr. Martin
confirmed his statement.
For clarification, Ms. Wilkinson again asked if the property is rezoned, will the
classification remain with the property to which Mr. Martin answered that the zoning
classification stays with the property and not the owner.
Mayor Bacon asked that the applicant come forward and speak.
Ms. Melba Bush, who was there to represent her husband, came forward to speak.
She explained that the property was purchased back in 1972 or 1973 and that it was
only a house for three months prior to that. It was turned into a dental office right after
her husband purchased it and remained that up until his retirement a few years ago.
They are interested in keeping Smyma looking good and in helping the community.
The hope is that the building will be used to serve others as it had for many years as a
dental office.
Councilmember Fennel thanked Ms. Bush and her husband for all that they have done
to service the community. He explained the complications involved in making a
decision regarding rezoning the property and let her know that he is in support of the
application.
The Mayor described the A frame structure on the property and asked how long it was
used as a residence. Ms. Bush stated that it was used as a home for about three
months before her husband purchased it.
Ms. Wilkinson then spoke to Ms. Bush reiterating her concerns for rezoning the
property. Ms. Wilkinson then went on to read her new stipulations aloud to the
audience which included the following.
Mr. Martin had confirmed the two (2) stipulations listed as: Vehicular access to and
from Wells Circle shall be prohibited; and the 35-foot undisturbed set back on the rear
of the property. Both stipulations deal with protecting the neighborhood behind on
Wells Circle. Ms. Wilkinson, as she spoke to Ms. Melba Bush read aloud the
following additional stipulations.
1) Any use other than those allowed by City Code 710.15 is prohibited. (710.15)
Offices, including the following:
Offices of health service practitioners, including physicians, surgeons, dentists, dental
surgeons, osteopathic physicians, chiropractors and other licensed practitioners
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similar to those listed.
Other professional offices, including legal, accounting, auditing, engineering,
architectural and others similar in character to those listed.
General business offices, including financial, real estate, insurance, manufactures and
sales representatives, and others similar in character to those listed, provided that no
goods are for sale at retail.
Governmental offices, including federal, state, county and city.
2) No expansion of existing parking and no parking in the front yard;
3) if the property is to be redeveloped by demolition of the existing building, only one
principal building is allowed.
4) The size of any new principal building shall not exceed 35 feet in height,
5) No monument sign allowed
6) No signs larger than three feet in height or width can be attached to any structure.
7) Any sign lights must be turned off when business is closed.
8) The hours of operation shall be limited to between 7.00 am and 6:00 pm
9) No existing trees on the frontage of the property facing Pat Mell Road can be
removed unless they are certified by the City Arborist as dead or dying or hazardous;
10) No additional curb cuts on Pat Mell Road allowed
11) No front yard fencing is allowed.
12) if rear fencing is added, it must be placed between the building and the 35"
undisturbed buffer.
Ms. Wilkinson asked Ms. Bush and Mr. Carter if they wanted to comment on the
additional stipulations. Ms. Bush said the stipulations were fine as she looked at a
document, she said they had no problem with this.
Mayor Bacon announced that 2 people had been sworn in to speak. He called on
those that were sworn in to come forward to speak on this issue.
Mr. Gary Nelson of 872 Chrysler Avenue spoke in opposition to the rezoning. He
appreciated everything that the Bush's have done over the years. Some of the uses
concern him and he feels that it would be out of character for the area. He suggested
splitting the property and building two homes which would help improve the area.
Ms. Wilkinson asked Mr. Carter, the agent for Ms. Bush, if he would like to speak
about making the property residential.
Mr. Carter said that the topography of the property which is primarily a hill would be
problematic with building a home there.
Mr. Fennel asked the agent about potential buyers and what it is they are wanting to do
with the property.
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The agent stated that people are interested in the property under an Ol classification.
The Mayor added that the trees would all have to be cut down in order to build homes.
Ms. Wilkinson asked if the existing structure could still be used if the property was
split in two.
Mr. Carter said that if the property were to be split, the structure would have to come
down. He also clarified that the property targets small neighborhood office type
businesses such as a chiropractor.
Mr. Fennel asked if a vote of no would impair the ability to sell the property and the
agent responded that yes it would create problems with selling the property.
Ms. Wilkinson wanted to reread the stipulations and move forward with the additional
stipulations.
Mr. Fennel asked for a point of order because he felt that there needed to be a
separate vote for the new stipulations. He felt that separate votes should be made
since most are not in support of the stipulations.
City Attorney Scott Cochran said that he thought that separate votes were not
necessary but should be made in the case that there was disagreement on the new
stipulations.
Councilmember Welch expressed concern about the signage stipulations that were
added by Ms. Wilkinson.
Ms. Wilkinson said that she would be willing to allow for a small monument sign to
which Mr Welch recommended sixteen square feet which is half the size of what is
currently allowed.
Councilmember Gould said that he did not think that the Council meeting was the
forum for the debate on these stipulations and that staff needed to be involved in any
changes.
Councilmember Norton spoke about the concerns and felt that staff had thoroughly
explained why the uses of concern are not going to be an issue. The fourteen
stipulations presented by Ms. Wilkinson did not go through the proper protocols such
as staff and legal. He was satisfied with moving forward as presented by staff.
Ms. Blackburn made it known that she appreciated all of the additional information that
was presented and felt that tabling it would be the way to go.
Mr. Cochran stated that a motion to table with a second would end all conversation on
the agenda item.
There was some discussion if there was actually a motion on the table and then what
that motion was. City Attorney Scott Cochran conferred with City Clerk Terri Graham
as to what had been recorded. Ms. Graham explained that Councilmember Susan
Wilkinson had not made a motion but had started to read the stipulations again but
had not signified a motion for approval or denial.
3 Mr. Fennel reiterated that the original application is what stood before the Council
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unless Ms. Wilkinson added stipulations.
Mr. Norton inquired whether he could make a motion in order to move forward
The Mayor explained that the representative of the Ward usually makes the motion in
regard to the application.
Ms. Wilkinson stated that the she appreciated the work that staff had done but felt
that the Pat Mall side was not addressed. She asked City Attorney Cochran for his
input on the matter.
Mr. Cochran felt that the other uses of concern would not happen due to the
restrictions already in place and that is why Community Development only came up
with two stipulations. He added that as a procedural matter, it wouldn't hurt to add
additional stipulations, but as a matter of business, this is not the way to go about
adding last minute additions.
Councilmember Derek Norton made a motion to approve Zoning Request Z18-017 -
Rezoning from R-15 to OI for an office use - 0.88 Acres - Land Lot 420 - 894 Pat Mell
Road - Melba Bush as presented by staff.
The motion to approve failed for lack of a second.
Discussion was had among Mayor and Council as to what motion was made and by
who.
Councilmember Blustein expressed her confusion over the stipulations and what was
actually being voted on.
Ms. Wilkinson made her motion to approve with additional stipulations which she read
aloud. Discussion from Council continued.
The Mayor clarified that not all fourteen stipulations were included in the motion that
Ms. Wilkinson made.
Mr. Gould said that he had a hard time accepting the stipulations in such a short time
without any feedback from staff.
Mr. Fennel agreed with Mr. Gould and felt that there was not enough time to review the
stipulations presented. He respected staff and their opinions and intended to vote no.
Mayor Bacon asked for clarification regarding hours listed in Ms. Wilkinson's
stipulations which were based on daycares in residential areas.
City Attorney Cochran asked for clarification regarding the sign requirements so that
staff have a proper understanding of what is expected.
Mr. Welch asked if more than one vote could be taken on this agenda item if
necessary.
Mayor Bacon added that there has been businesses in residential areas so this
request is not the first that has come before the City.
Councilmember Wilkinson's motion was seconded and recorded as follows.
Councilmember Susan Wilkinson made a motion to approve Zoning Request Z18-017 -
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Rezoning from R-15 to OI for an office use - 0.88 Acres - Land Lot 420 - 894 Pat Mell
Road - Melba Bush with the following additional stipulations as read aloud by
Councilmember Susan Wilkinson.
Any use other than those allowed by City Code 710.15 is prohibited.
(710.15) Offices, including the following:
(1) Offices of health service practitioners, including physicians, surgeons, dentists,
dental surgeons, osteopathic physicians, chiropractors and other licensed practitioners
similar to those listed.
(2) Other professional offices, including legal, accounting, auditing, engineering,
architectural and others similar in character to those listed.
(3) General business offices, including financial, real estate, insurance, manufactures
and sales representatives, and others similar in character to those listed, provided that
no goods are for sale at retail.
(4) Governmental offices, including federal, state, county and city.
No additional parking in the front yard.
If the property is to be redeveloped by demolition of the existing building, only one
principal building is allowed.
The size of any new principal building shall not exceed 35 feet in height, which is the
height in a residential R-15.
Open to a smaller monument sign not to exceed 16 square feet as Mr. Welch had
mentioned we could limit that to 16 sq ft.
No signs larger than three feet in height or width can be attached to any structure.
Any sign lights must be turned off when business is closed.
The business hours of operation shall be limited to between 7:00 am and 6:00 pm.
No fencing in the front yard.
No fencing in the 35 foot rear buffer.
Councilmember Maryline Blackburn seconded the motion.
The motion to approve failed by the following vote:
Aye: 2 - Councilmember Blackburn and Councilmember Wilkinson
Nay: 5 - Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Gould and Councilmember Fennel
Councilmember Derek Norton made a motion to approve Zoning Request Z18-017 -
Rezoning from R-15 to OI for an office use - 0.88 Acres - Land Lot 420 - 894 Pat Mell
Road - Melba Bush as submitted by staff with a second by Councilmember Ron
Fennel.
The motion to approve was carried by the following vote:
Aye: 5 - Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Gould and Councilmember Fennel
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Nay: 2 - Councilmember Blackburn and Councilmember Wilkinson
C. 3 Public Hearin - Zoning Request Z18-018 - Rezoning from R-15 to
R-15-Conditional for three residential lots - 1.136 Acres - Land Lot 335 -
572 North Thomas Lane - Kalpesh Patel
Sponsors: Welch
Ms. Saddler Jones provided the background information for Mayor and Council.
Kalpesh Patel is requesting a rezoning from R-15 to R-15-Conditional for the
development of three (3) new single-family homes at a density of 2.64 units per acre.
The proposed rezoning will result in the renovation of the existing single-family home
on -site and the development of two new single-family homes on either side of the
existing home. The rezoning request was heard by the Planning and Zoning
Commission at the December 10, 2018 meeting and was recommended for approval
with staff conditions by vote of 7-0. Community Development recommended approval
of the zoning request from R-15 to R-15-Conditional for three (3) single-family units at a
density of 2.64 units per acre with conditions.
An announcement was made for the public hearing and no one came forward to speak.
Mr. Russell Martin, Senior Planner came forward to speak about this request. The first
submitted plan was not ideal so another plan was submitted with recommendation of
Community Development. The request was not changing the zoning but changing it to
a site plan specific zoning. Community Development recommended approval of the
zoning request from R-15 to R-15-Conditional for three (3) single-family units at a
density of 2.64 units per acre with the following conditions:
Standard Conditions
(Requirements #2, 4, 8, 9, 10, 12 and 17 from Section 1201 of the Zoning Code are not
applicable)
1. The composition of the homes in a residential subdivision shall include a mixture of
elements including; but not limited to: brick, stone, shake, hardy plank and stucco.
No elevation shall be comprised of 100% hardy plank siding. The residences whose
lots abut external roadways shall not be permitted to utilize hardy plank for any
elevation facing these roads.
2. There shall be protective covenants with a mandatory homeowners association on
all lots. These protective covenants shall be supplied to the City prior to the issuance
of a building permit.
3. The detention pond shall be placed and screened appropriately to be unobtrusive to
homes inside and outside the development. The storm water detention plan shall be
designed to create at least a 10% reduction in a 2-year to 100-year storm event. The
City Engineer shall approve all plans.
4. All utilities within the development shall be underground.
5. The developer shall be responsible for any traffic improvements (including additional
right-of-way dedications) deemed necessary by either the City or the County during
construction plan review. Sidewalks shall be provided by the developer inside the
subdivision and outside the subdivision adjacent to any public right-of-way consistent
with City's requirements for the extent of the development. A grass buffer with a
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minimum width of 2' shall be provided between the back of curb and sidewalk. The
grass buffer may be waived if it is deemed unnecessary by the City Engineer.
6. No debris may be buried on any lot or common area.
7. 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.
8. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
9. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
10. All single-family and/or duplex residential lots shall provide the following at the time
of certificate of occupancy: either four 3" caliper trees or three 4" caliper trees, unless
otherwise approved by the City's Arborist. The following species of trees may be used:
Nuttall Oak. Swamp Chestnut Oak. Agee Elm. and Village Green Zelkova. Other
species may be used if approved by the City.
Special Conditions
11. The development shall maintain the following setbacks:
Front - 35' (lots #1 & #3) and 28' (lot #2)
Street Side - 23'
Interior Side - 10'
Rear - 30'
12. The development shall be developed with a minimum lot size of 10,507 sq. ft. for
lot #1 and 15, 000 sq. ft. for lots #2 & #3.
13. Driveway - 22' minimum length from building face to edge of sidewalk. Each unit
shall have a two -car garage with decorative garage doors.
14. The developer shall install a 5' sidewalk with a 2' grass buffer along both North
Cooper Lake Road and North Thomas Lane for the length of the property.
15. The final plat for the development shall include a right-of-way dedication of 5' along
North Thomas Lane. Setbacks shall be taken from the existing right-of-way.
16. The final plat for the development shall include a right-of-way dedication of 7' along
North Cooper Lake Road. Setbacks shall be taken from the existing right-of-way.
17. No driveway locations shall be permitted on North Cooper Lake Road.
18. The driveway location for lot #1 shall be located on North Thomas Lane at least 50'
from the intersection of North Thomas Lane and North Cooper Lake Road.
19. All trees within the limits of disturbance that are scheduled to be preserve shall be
protected according to the City's Tree Ordinance. All other trees within the limits of
disturbance shall be removed.
20. No stormwater management facility or portion thereof shall be located on any
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City Council Meeting Minutes - Final January 22, 2019
portion of the proposed lots. The stormwater management facility shall be solely
located on the HOA's property and shall be maintained by the HOA.
21. Approval of the subject property for the R-15 zoning district shall be conditioned
upon the development of the property in substantial compliance with the site plan
submitted 11/9/2018 created by Paul Lee Consulting Engineering Associates, Inc..
22. The applicant shall be bound to the elevations submitted and dated 11/9/2018.
Approval of any change to the elevations must be obtained from the Director of
Community Development.
Councilmember Welch asked about the existing house and expressed a small concern
about how lot three will fit a house even with the changes.
Ms. Blackbum asked about the sidewalks near this property. Mr. Martin explained that
all new sidewalks will be installed for the project.
City Attorney Cochran swore in the applicant Mr. Patel who is the owner of the
property. He also swore in Mr. Mark Lee the Engineer for the project.
Mr. Welch asked both the applicant/owner and the Engineer, Mr. Mark Lee how the
new layout will make the detention area more workable as compared to the original
plan.
Mr. Fennel thanked the applicant for working with staff to work out the problems and
be able to move forward with the project.
Councilmember Charles "Corkey" Welch made a motion to approve Zoning Request
Z18-018 - Rezoning from R-15 to R-15-Conditional for three residential lots - 1.136
Acres - Land Lot 335 - 572 North Thomas Lane - Kalpesh Patel with a second by
Councilmember Ron Fennel.
The motion to approve was carried by the following vote:
Aye: 7 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson,
Councilmember Gould and Councilmember Fennel
D. 2019-19 Public Hearing - Approval of a subdivision plat for 3943 North Cooper
Lake Road to subdivide the property from one lot to five lots - 2.28 Acres
- Land Lots 336 & 385 - 3943 North Cooper Lake Drive - Southern Realty
Partners, LLC
Sponsors: Welch
Framework data for this agenda item was read aloud by Ms. Tammi Saddler Jones.
Southern Realty Partners, LLC is requesting approval to subdivide their property at
3943 North Cooper Lake Road into five single-family residential lots. The applicant
plans to subdivide the property within the requirements of the R-15 zoning district so
no rezoning is required. The subject property is 1.83 acres in size and is zoned R-15
(single-family residential). The Planning and Zoning Commission heard the request for
plat approval and recommended approval of the subdivision with the variance for the
existing 4' sidewalk along Reed Road by a vote of 6-0. Community Development has
reviewed the proposed subdivision against the requirements of the R-15 zoning district.
Staff believes the proposed subdivision meets the intent of the requirements of the
R-15 zoning district. Community Development recommends approval of the requested
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City Council
Meeting Minutes - Final January 22, 2019
subdivision. However, Community Development does not support the variance to
maintain the 4' sidewalk along Reed Road.
The Mayor announced the public hearing, and no one came forward to speak.
Mr. Welch asked Mr. Martin to come forward and present further information regarding
the request.
Mr. Martin explained that Southern Realty Partners, LLC is requesting approval to
subdivide their property at 3943 North Cooper Lake Road into rive single-family
residential lots. The applicant plans to subdivide the property within the requirements
of the R-15 zoning district, so no rezoning is required. The subject property is 1.83
acres in size and zoned R-15 (single-family residential). The proposed subdivision will
result in five new lots ranging between 15, 000 sq. ft. and 20,389 sq. ft. in size. The
City's design specifications for public right-of-way's require the upgrading of existing
non -conforming sidewalks for new subdivisions. The applicant is proposing to install a
new sidewalk along North Cooper Lake Road per city code but is requesting a variance
to maintain the existing 4' sidewalk along Reed Road. Community Development has
reviewed the proposed subdivision against the requirements of the R-15 zoning district.
Staff believed the proposed subdivision meets the intent of the requirements of the
R-15 zoning district. Community Development recommended approval of the requested
subdivision. However, Community Development does not support the variance to
maintain the 4' sidewalk along Reed Road.
Mr. Fennel asked about the sidewalk change and why the staff recommended
otherwise.
Ms. Wilkinson asked if there was already a four foot sidewalk in place.
Mr. Martin said the concems of the applicant regarding the sidewalk were in reference
to the placement of existing utilities. Community Development felt that it can easily be
dealt with and that they can utilize the buffer area rather than downsizing the entire
sidewalk.
The applicant came forward and was sworn in by City Attorney Scott Cochran.
Mr. Whit Smith of Southern Reality Partners, LLC came forward to answer questions.
Mr. Welch restated that this is not a rezoning, just an approval of a subdivision plat.
He agreed that the sidewalks should be five foot but does not want to see poles in the
middle of sidewalks.
Mr. Smith explained the problem with existing utilities and the concern of aesthetics
with having to work the sidewalk around the poles and such.
The Mayor inquired about the chances that the existing four foot sidewalks will be
changed to five foot. Mr. Martin said that would depend on when the road
improvements will occur.
Mr. Fennel feels that five foot sidewalks are ideal but in this case it would be only one
property owner that had a five foot wide sidewalk. He feels that the City needs to have
a fund that would allow sidewalks to be widened in such as a case as this.
Mr. Welch said that he thinks staff should work it out with the developer but he would
prefer the five foot sidewalk if it can be done and look nice.
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Meeting Minutes - Final January 22, 2019
Councilmember Charles "Corkey" Welch made a motion to approve a subdivision plat
for 3943 North Cooper Lake Road to subdivide the property from one lot to five lots -
2.28 Acres - Land Lots 336 & 385 - 3943 North Cooper Lake Drive - Southern Realty
Partners, LLC with 5 foot sidewalk as recommended by staff. The motion was
seconded by Councilmember Ron Fennel.
The motion to approve was carried by the following vote:
Aye: 7 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson,
Councilmember Gould and Councilmember Fennel
E. 2019-25 Public Hearing - Zoning Request Z19-001 - Modification of approved
zoning conditions and building elevations - 17.77 Acres - Land Lots 168
& 178 - 1365 Veterans Memorial Highway (Brookside Lake Manor) -
Taylor Morrison of Georgia, LLC
Sponsors: Fennel
City Administrator Tammi Saddler Jones provided some background into this agenda
item. Taylor Morrison of Georgia, LLC requested zoning modifications of zoning
condition #5 from Z-149 Cobb County to eliminate the requirement of a two car garage
for each unit and allow for one car garage on internal units. Community Development
recommends approval of proposed zoning amendment with the following modification
to zoning condition #5 from Cobb County Zoning Case Z-149 (2006):
5. The size of the homes shall range from 1, 800 sq. ft. up to 2,400 sq. ft. with each
home having at a minimum an attached one -car garage. The architectural style of the
home shall be traditional and the composition of the homes shall consist of a mixture
of brick, stone, hardy shake, or hardy plank on at least three (3) sides consistent with
the elevations/renderings, which were submitted under separate cover on September
20, 2006.
Mayor Bacon opened the public hearing and no one came forward to speak.
Mr. Fennel asked Senior Planner Rusty Martin to come forward and offer some
additional information on the request.
Mr. Martin summarized the history of this development. The subject property was
originally rezoned in Cobb County from RM-12 & PSC to RM-12-Conditional (Z-149) for
the demolition of an existing apartment complex and the development 156 townhome
units. In 2007, the developer received a land disturbance permit from Cobb County and
demolished the existing apartment complex. The developer did not proceed with any
other work due to the downturn in the economy. The subject property remained idle and
vacant from 2007 to 2015. The applicant approached the city at the end of 2015 to
annex the subject property into the city with the same zoning conditions approved by
Cobb County. In December of 2015, the city annexed the subject property with the
same zoning conditions approved by Cobb County. The site has been developed and
all infrastructure has been installed. The homebuilder has completed one building and
is currently under construction on two other buildings within the community. The
applicant would like to amend this stipulation to remove the requirement for a two -car
garage and replace it with a one -car garage. The applicant is proposing to provide
two -car garages with two -car driveways on the end units of the building with the interior
units having one -car garages with two -car driveways. In addition, to the changes in the
garage type, the applicant is proposing to lower the building heights from three story
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City Council Meeting Minutes - Final January 22, 2019
buildings to two and half story buildings. The proposed changes will also allow the
main entrance of the homes to move from the second floor to the first floor, as well as
move the second bedroom from the third floor to the first floor on the one -car garage
units. The townhome units will remain the unchanged with respect to unit width. The
applicant has stated the proposed changes will allow them to provide product flexibility
to meet the different household types in the market.
Ms. Wilkinson inquired about the number of units and how many of these units will be
affected by the garage reduction.
Mr. Martin stated that the applicant would be more able to provide the information on
the number of units affected.
City Attomey Cochran swore in the applicant.
Brandon Richardson, Director of Land Development for Taylor Morrison was present to
represent the request. The change allows for a more diverse product for the
consumer, it opens up affordability and allows greenspace in front of each one car
garage. The proposed change also reduces storm water runoff and traffic within the
community.
Mr. Fennel asked about the total units involved.
Mr. Richardson explained that there will be 136 units with 124 potential one car garage
units. If the product does not sell, there is a potential to go back to two car units.
Ms. Blustein asked about the one car garage units, specifically how many will be one
car and how many two? Mr. Richardson said that there will be 136 units with 124
potential one car garage units and it will vary from 5 to 7 homes per building pack.
Mr. Fennel reviewed some of the changes to the property and then inquired as to the
potential build out date.
If the market continues in the way it is, Mr. Richardson said about three years until
they are built out.
Councilmember Ron Fennel made a motion to approve Zoning Request Z19-001 -
Modification of approved zoning conditions and building elevations - 17.77 Acres - Land
Lots 168 & 178 - 1365 Veterans Memorial Highway (Brookside Lake Manor) - Taylor
Morrison of Georgia, LLC. Councilmember Charles "Corkey" Welch seconded the
motion.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Gould and
Councilmember Fennel
Nay: 1 - Councilmember Wilkinson
5. Privilege Licenses:
There were no privilege licenses.
6. Formal Business:
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City Council Meeting Minutes - Final January 22, 2019
7
8.
A.
B.
C.
D.
E.
9.
There was no formal business.
Commercial Building Permits:
There were no commercial building permits.
Consent Agenda:
City Administrator Tammi Saddler Jones read aloud the consent agenda.
Councilmember Tim Gould made a motion to approve the consent agenda as read
aloud by City Administrator Tammi Saddler Jones with a second by Councilmember
Maryline Blackburn.
The motion to approve was carried by the following vote:
Aye: 7 - Councilmember Norton, Councilmember Blackburn, Councilmember
Blustein, Councilmember Welch, Councilmember Wilkinson,
Councilmember Gould and Councilmember Fennel
2019-22 Approval of the January 7, 2019 Mayor and Council Meeting Minutes
2019-07 Approval of the January 7, 2019 Pre -Council Meeting Minutes
2019-23 Approval of the January 3, 2019 Committee of the Whole Meeting
Minutes
2019-20 Appointment of Frank Martin as a permanent member and Kevin Moore
as an alternate member on the License and Variance Board
Sponsors: Fennel
2019-17 Approval to use Council Chambers for Creatwood at Vinings Annual
HOA Meeting, Sunday, February 24, 2019 from 6:00pm - 8:00pm
Sponsors: Gould
Committee Reports:
Mr. Ron Fennel invited everyone to go to the City website and review the information
pertaining to the budget as the Fiscal Year 2020 Budget process is now underway. He
welcomed everyone to participate and offer their input.
Mr. Tim Gould spoke about the 1st Annual Dancing with the Smyrna Stars fundraiser
for the Campbell High School Athletic Department that took place on Saturday,
January 19th. Councilmember Maryline Blackburn participated as a dancer and Mayor
Max Bacon acted as a judge. The event completely sold out and raised $30,000 for
the athletic department. The next Business Partners of Campbell High School meeting
will be February 13th. This is an opportunity for local businesses to support and get
involved with the local high school.
Ms. Susan Wilkinson commented on how wonderful the Dancing with the Smyrna
Stars event was and how proud she was of those that participated from the City. The
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City Council Meeting Minutes - Final January 22, 2019
Library is having a free workshop on Saturday, February 91h from 2pm to 4pm entitled
"What Successful Non -Profits Do to Succeed". Seating is limited so please reserve a
spot by emailing the Library.
Mr. Charles "Corkey° Welch made a very important announcement. Starting Monday,
February 4th, there will be a new sanitation routing schedule so check your mail from
the City for more details regarding this change.
Ms. Maryline Blackburn welcomed four new City employees. She was excited to see
the Safety and Liability Grant from Georgia Municipal Association (GMA). Ms.
Blackburn talked about how wonderful it was to be a contestant in the Dancing with the
Smyrna Stars and looks forward to next year's event. She pointed out how the NFL is
coming to town because Atlanta is hosting this year's Superbowl and recommended
checking the NFL website for more details regarding the schedule of events. She
offered a big thank you to the Turner Chapel for the wonderful MILK celebration that she
attended this past Monday. Her report was wrapped up by welcoming and thanking
her constituents that were in attendance at the meeting.
Ms. Andrea Blustein wished everyone a good evening.
Mayor Bacon talked about the Dancing with the Smyrna Stars event and how it was a
wonderful evening with many talented dancers.
10. Show Cause Hearings:
11. Citizen Input:
12. Adjournment:
There were no show cause hearings.
Mr. Leonard Robinson, 1809 Teasley SE, wished everyone a Happy New Year. He
spoke of an.event that the Sustainable Smyrna group will be hosting with speaker
Monica Brown of Thyssenkrupp Elevators on Thursday, January 24, 2019 at 6:30pm at
Chris's Caribbean Bistro on South Cobb Parkway. He invited everyone to attend and
learn moreLkabout sustainability.
Ms. Patricia Burns, 10 Concord Road, a 30 plus year resident of the City of Smyrna
came to speak about the importance of the Vision Plan. She feels that it is very
important that we keep in mind that we pride ourselves as a City that celebrates our
diversity. What better way to promote diversity than by making Heritage Festivals a
regular part of the City. Do not unravel the vision plan, but look forward to what we can
do to be a City that welcomes everyone.
Mayor Bacon adjourned the meeting at 9:32 PM.
City of Smyrna Page 19 Printed on 2(412019
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