04-15-2019 April 15, 2019 Mayor and Council Meeting Minutes - SIGNED - LFMonday, April 15, 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: 7 - Mayor Max Bacon, Councilmember Derek Norton, Councilmember Maryline
Blackburn, Councilmember Charles Welch, Councilmember Susan
Wilkinson, Councilmember Tim Gould and Councilmember Ron Fennel
Absent: 1 - Councilmember Andrea Blustein
Also Present: 12 - Tammi Saddler Jones, Scott Cochran, Terri Graham, Scott Andrews, Ken
Suddreth, Russell Martin, Joey Staubes, Caitlin Crowe, Ashley Youmans,
Richard Garland, Dat Luu and Tina Monaghan
Call to Order
Mayor A. Max Bacon called the April 15, 2019 Mayor and Council Meeting to order at
7:03 PM.
Invocation and Pledge:
Campbell High School JROTC Color Guard presented the Colors and led all in the
Pledge of Allegiance.
Pastor Lee Delbridge, Smyrna Christian Church (910 Concord Rd) delivered the
Invocation.
Presentation of Colors by Campbell High School JROTC Color Guard
Agenda Changes:
Mayoral Report:
There were no agenda changes.
Mayor Bacon made some changes to the order of presentations from the published
agenda.
2019-137 Recognition of Campbell High School JROTC Cadets - State Drill
Competition Winners
Sponsors: Gould
Councilmember Tim Gould gave some background on the JROTC program and
recognized those that participated and placed at the recent State Drill Competition.
First Sergeant Bums spoke about the many accomplishments of the cadets in the
Campbell High School JROTC program.
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A. 2019-126 Proclamation in Recognition of the 35th Anniversary of Dirt Cheep Music
Sponsors: Wilkinson
Councilmember Susan Wilkinson read aloud the Proclamation in Recognition of the
35th anniversary of Dirt Cheep music. Aaron Rathbone, current owner and President
of the company was present to accept the proclamation.
B. Recognition of Smyrna Basketball Association 2019 Championship
Teams - Boys 8U, 10U, 12U, and Girls 12U
Sponsors: Wilkinson
Ms. Wilkinson provided those present with background into the Smyrna Basketball
Association and announced the many achievements from the recent season including
the four teams that won championships (Boys Teams 8U, 10U, 12U and Girls Team
12U). Approximately 42 teams and over 520 kids participated this past year and the
number continues to grow. Each team was recognized, and the names of the coaches
and players were read aloud.
D. Campbell High School "School Council' Report
Sponsors: Gould
Mr. Gould introduced Dr. Jeanne Walker, Mr. Josh Ford, Lmichael Green and Mr. Tony
Waybright who were there to deliver the School Council Report. Dr. Walker thanked
Mayor, Council, City Staff, and the community for all that they do to make Campbell
High School a great place to learn. Mr. Waybright read aloud a proclamation of
appreciation to the City of Smyrna for the many things that they do for Campbell High
School. The proclamation was presented to Mayor Max Bacon and photos were taken.
Assistant Vice Principal Josh Ford spoke about the Campbell High School Business
Partnership which helps with resources to provide recognition to students, teachers,
and members of the community. A plaque of appreciation was presented to and
accepted by Mr. Tim Gould who diligently promotes City/School relationships.
4. Land Issues/Zonings/Annexations:
A. Public Hearing - Request for a change to the 2040 Future Land Use
Plan in the Williams Park Neighborhood - City of Smyrna Community
Development Department
Sponsors: Blackburn
City Administrator Tammi Saddler Jones provided the background information. After
the adoption of the 2040 Future Land Use Plan, the city received a zoning request to
change the zoning of a small parcel for the development of one single-family home on
Foster Street (an area on the Future Land Use Plan that changed from Moderate
Density Residential to Mixed Use). Upon the conclusion of the zoning request some
residents of the Williams Park neighborhood petitioned the city to change the Mixed
Use area back to Moderate Density Residential. The Mayor and City Council directed
the Community Development Department to review the requested change and provide a
recommendation.
Mr. Russell Martin, Senior Planner, presented information on the agenda item in further
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detail. The subject area of the proposed future land use change is located south of
Spring Street, east of Alexander Street, north of the CSX railroad and Spring Road and
west of Anderson Circle. The subject area consists of 11.9 acres with a mixture of
single-family, commercial and industrial zoning districts. The 11.9 acres of the subject
area breaks down to 7.4 acres of single-family zoning (R-15 and RDA), 2.13 acres of
commercial zoning (Limited Commercial) and 2.29 acres of industrial zoning (Light
Industrial). The single-family zoning is found primarily along the north side of the
subject area along Spring Street, Alexander Street, Foster Street, Elizabeth Street and
Anderson Circle. The commercial and industrial zoning is located along the southern
portion of the subject area along CSX railroad at the dead ends of Alexander Street,
Foster Street and Elizabeth Street. The existing uses with the subject area consists of
a church on 1.86 acres, a construction contractor office with a service yard on 1.63
acres, an office and service yard for a local cable provider on 2.93 acres, single-family
homes on 1.78 acres and the remaining 3.7 acres is currently vacant. Community
Development held an open house on February 13, 2019 at Brawner Hall to collect
information from the Williams Park residents and to verify that the request to change
subject area from Mixed Use to Moderate Density Residential was supported by the
community. The attendees were provided maps of the proposed changes, future land
use maps, future land use descriptions and other supporting documentation. The
attendees were asked via secret ballot if they supported the request to change the
subject area of the 2040 Future Land Use Map from Mixed Use to Moderate Density
Residential. There were 36 attendees at the open house and 33 of those attendees
voted in support of the proposed change. Community Development has reviewed the
request of the residents of Williams Park to change the subject area on the 2040
Future Land Use Map from Mixed Use to Moderate Density Residential. Based on the
information gathered at the open house, Community Development recommended
changing the subject area of the 2040 Future Land Use Map from Mixed Use to
Moderate Density Residential.
Mayor Bacon opened the public hearing.
Four people came forward to the podium and were swom in by City Attorney Scott
Cochran.
Lemuel Ward, 1496 Spring Street, thanked staff for their work on gathering public
input on the issue at hand. He offered the current Council some history on zoning in
the Williams Park area so that they could better understand the feelings of residents.
Keith Bentley, 2651 Gilbert Street, spoke in support of the land use change. He wants
the land to be developed consistent with the existing character of the neighborhood.
Ron Davis, 1351 Roswell Street, echoed what his neighbors already said and spoke in
support of the land use change. He spoke of past experiences with developers who
attempted to bring high density development into the neighborhood.
Casey Clavin, 1470 Roswell Street thanked the City for working with the Williams Park
neighborhood on the land use map issue. She spoke in support of the land use
change.
Councilmember Maryline Blackburn thanked the Williams Park residents for coming
out to the meeting and for working so well with City Staff to resolve the issue.
Councilmember Maryline Blackburn made a motion to approve the request for a change
to the 2040 Future Land Use Plan in the Williams Park Neighborhood - City of Smyrna
Community Development Department with a second by Councilmember Charles
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"Corkey" Welch.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Welch,
Councilmember Wilkinson, Councilmember Gould and Councilmember
Fennel
Absent: 1 - Councilmember Blustein
B. Public Hearing - Zoning Request Z19-004 - Rezoning from RM-10 to
RDA -Conditional for the construction of two single-family homes at a
density of 5.71 units per acre - 0.35 Acres - Land Lot 593 - 1601 Walker
Street - M. Junger Homes, LLC
Sponsors: Blackburn
Ms. Saddler Jones provided a brief summary of the information pertaining to this
rezoning and asked Director of Community Development Ken Suddreth to come
forward and present the details of the rezoning request.
Mr. Suddreth reviewed a presentation on the Walker Street property. M. Junger
Homes, LLC requested rezoning from RM-10 to RDA -Conditional for the development
of two single-family detached residences at a density of 5.71 units per acre. The
applicant is proposing to demolish the existing duplex and then subdivide the parcel
into two lots and construct two individual single-family residences. The number of units
and density will remain unchanged from what currently exists on -site today. The
proposed lots will be 7,495 sq. ft. and 7,593 sq. ft.. Each proposed home will be a
front -entry home and will face Walker Street. The applicant has provided a site plan
with the rezoning application for reference. The applicant has submitted building
elevations and floor plans for each home in the rezoning application. The applicant
proposes to use brick and siding for the fagade materials for each home. The
Planning and Zoning Board heard the zoning request at the March 11, 2019 meeting
and recommended approval by a vote of 7-0. Community Development recommended
approval of the rezoning from RM-10 to RDA -Conditional for the development of two
single-family units at a density of 5.71 units per acre with the following conditions:
Standard Conditions
(Requirement #2, 3, 4, 5, 8, 9, 10, 12 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% 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. All utilities within the development shall be underground.
3. The developer shall be responsible for any traffic improvements (including additional
right-of-way dedications) deemed necessary by either the City or the County during
construction plan review. Sidewalks shall be provided by the developer inside the
subdivision and outside the subdivision adjacent to any public right-of-way consistent
with City's requirements for the extent of the development. A grass buffer with a
minimum width of 2' shall be provided between the back of curb and sidewalk.
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4. No debris may be buried on any lot or common area
5. 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.
6. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
7. All yards and common areas are to be sodded, and landscaped. irrigate as
appropriate.
8. 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. The
following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm,
and Village Green Zelkova. Other species may be used if approved by the City.
Special Conditions
9. The development shall maintain the following setbacks: Front - 25' Side - T5' Rear -
30'
10. Driveway - 22' minimum length from building face to private driveway.
11. The right -of-way along Walker Street shall be increased to 50 feet. Therefore a
dedication of approximately 10' feet is required along Walker Street.
12. The developer shall provide a 5' sidewalk with a 2' grass buffer along Walker Street
for the length of the development.
13. All structures will be built to a maximum height of 35' as measured from the
sidewalk along the front elevation.
14. The developer shall meet all fire access requirements deemed necessary by the
Fire Marshal during construction plan review.
15. The developer shall be responsible for any water and sewer improvements deemed
necessary by the Public Works Director during construction plan review.
16. The developer shall be responsible for any stormwater improvements deemed
necessary by the City Engineer.
The Mayor opened the Public Hearing and asked all those wanting to speak to come
forward.
City Attorney Cochran swore in the two people that came forward.
The applicant, Mr. Matt Junger came to the podium and provided some additional
details about the Walker Street project.
Lemuel Ward, 1496 Spring Street, spoke in favor of the rezoning on Walker Street.
Councilmember Maryline Blackburn made a motion to approve Zoning Request Z19-004
- Rezoning from RM-10 to RDA -Conditional for the construction of two single-family
homes at a density of 5.71 units per acre - 0.35 Acres - Land Lot 593 - 1601 Walker
Street - M. Junger Homes, LLC. Councilmember Susan Wilkinson seconded the
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motion to approve.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Welch,
Councilmember Wilkinson, Councilmember Gould and Councilmember
Fennel
Absent: 1 - Councilmember Blustein
C. 2019-94 Public Hearin - Zoning Request Z19-005 - Rezoning from R-15 to R-10
Conditional for four single family homes at a density of 3.72 units per acre
- 1.17 acres - Land Lot 561 - 1420 and 1430 Roswell Street - M. Junger
Homes LLC
Sponsors : Blackburn
The background information on the item was presented by City Administrator Saddler
Jones. M. Junger Homes, LLC is requesting a rezoning from R-15 to R-10-Conditional
for a property at 1420 and 1430 Roswell Street for the construction of four new
single-family residences at a density of 3.72 units per acre. The Planning and Zoning
Board heard the request at the March 11, 2019 and approved the request by vote of
7-0. Community Development recommended approval of the request rezoning from
R-15 to R-10-Conditional for the construction of four new single-family residences at a
density of 3.72 units per acre with conditions.
Mr. Suddreth reviewed a PowerPoint with detailed information on the request. M.
Junger Homes LLC is requesting rezoning from R-15 to R-10-Conditional for a property
at 1420 and 1430 Roswell Street for the construction of four new single-family
residences at a density of 3.72 units per acre. All homes will be accessed from
Roswell Street via rear entry -garages. The applicant has submitted building elevations
and floor plans for the residences in the rezoning application. The submitted elevations
reflect a more traditional style home with a mixture of exterior fagade materials and
architectural elements. Community Development recommended approval of the request
rezoning from R-15 to R-10-Conditional for the construction of four new single-family
residences at a density of 3.72 units per acre with the following conditions:
Standard Conditions
(Requirement #2, 3, 4, 8, 9, 10, and 12 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% 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. 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
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
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subdivision and outside the subdivision adjacent to any public right-of-way consistent
with City's requirements for the extent of the development. A grass buffer with a
minimum width of 2' shall be provided between the back of curb and sidewalk.
5. No debris may be buried on any lot or common area.
6. 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.
7. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
8. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
9. 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. The
following species of trees may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm,
and Village Green Zelkova. Other species may be used if approved by the City
Special Conditions
10. The development shall maintain the following setbacks:
Front - 20'
Exterior Side - 10'
Interior Side - 7.5' (with a minimum of 10' between buildings)
Rear - 15'
11. Driveway - 22' minimum length from garage face to private driveway.
12. The development shall be developed with a minimum lot size of 10, 000 square
feet.
13. The lots shall be developed with a minimum lot width at the setback line of 50'.
14. The homes shall have a minimum floor area of 1, 500 sq. ft.
15. The developer shall provide a 5' sidewalk with a 2' grass buffer along Roswell
Street for the length of the development.
16. The developer shall provide a 15' stormwater easement
17. The developer shall provide a 5' Right -of -Way dedication as needed along Roswell
Street
18. All structures will be built to a maximum height of 35' as measured from the
sidewalk along the front elevation.
19. The maximum allowable lot coverage for the property shall be limited to 35%.
20. The developer shall be responsible for the installation of all water and sewer lines
in accordance with the requirements of the Public Works Director
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21. No stormwater management facility or portion thereof shall be located on any
portion of the proposed lots. The stormwater management facilities shall be solely
located on the HOA's property.
22. 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.
23. Approval of the subject property for the R-10 Conditional (R-10 Conditional) zoning
district shall be conditioned upon the development of the property in substantial
compliance with the submitted site plan dated 3/6/2019 created by Crescent View
Engineering LLC.
24. The applicant shall be building the homes in substantial compliance with the
building elevations submitted and dated 21812019. Approval of any change to the
elevations must be obtained from the Director of Community Development.
Mayor Bacon announced the public hearing and City Attorney Scott Cochran swore in
the five people, including the applicant that came forward.
The applicant Mr. Matt Junger reviewed his plans for the property including the price
point. His concem with the sidewalk in front of the property is for the safety of
pedestrians in the area. As it currently stands, it is not safe to walk there. He
understands the neighbor's desire to preserve the wall but is not sure that is what is
best for the overall area. Mr. Junger originally intended to reuse parts of the wall as a
feature but to remove it from its current location so that the required sidewalk and
buffer could be installed.
There was discussion among Mayor and Council about the structural integrity of the
wall and whether or not it would survive the disturbance of land, removal of trees, and
removal of the center section so that the shared driveway could be installed.
Further discussion included whether or not the proposed one and a half foot buffer
would be safe enough and what the preference was of the applicant. Mr. Junger's
answer was that anything is better than what is there currently, but the ideal solution
would be to remove the wall and build the required five foot sidewalk with the two foot
grass buffer.
For clarification, staff explained that if the dedication were to occur, all of the wall
would be in the right of way. To date, part of the wall is already in the right of way while
some of it remains on private property.
Council inquired as to whether or not there were future plans to change the roads in the
area that would assist with the danger of traffic. There was no staff present that was
qualified to answer the question with accuracy.
Discussion about the pros and cons of the existing driveways versus the proposed
driveway occurred. The possibility of making the wall a part of the HOA to preserve it
was discussed.
Mr. Keith Bentley, 2651 Gilbert Street, spoke a bit about the wall and its history as
well as the proposed changes to staff conditions that would allow the wall to remain
where it stands.
Ms. Casey Clavin, 1470 Roswell Street, stated that the wall predates the sidewalk and
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should therefore most likely survive a new sidewalk. Williams Park is the oldest
residential neighborhood in the City and the wall is a meaningful structure that she
would like to see saved. She suggested an extension to take more time to come up
with a solution that will make everyone happy.
Ms. Sonja Ingle, 2642 Highland Avenue, spoke about childhood memories revolving
around the wall. She firmly believes it is historical and should be saved.
The applicant, Mr. Junger agreed to delay the decision for another month so that
further research, discussions, and negotiations could occur.
Councilmember Maryline Blackburn made a motion to table Zoning Request Z19-005 -
Rezoning from R-15 to R-10 Conditional for four single family homes at a density of
3.72 units per acre -1.17 acres - Land Lot 561 - 1420 and 1430 Roswell Street - M.
Junger Homes LLC to the May 20, 2019 Mayor and Council Meeting. Councilmember
Susan Wilkinson seconded the motion to table.
The motion to table was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Welch,
Councilmember Wilkinson, Councilmember Gould and Councilmember
Fennel
Absent: 1 - Councilmember Blustein
D. 2019-95 Public Hearing - Zoning Request Z19-006 - Rezoning from OI to OI- PD
to Add a Medical Office Building and New Parking for Emory Hospital -
12.69 Acres - Land Lot 552 - 3903, 3949 and 3969 South Cobb Drive -
The Emory Clinic
Snonsors: Gould
Ms. Saddler Jones provided the background information for this agenda item. The
Emory Clinic is seeking approval of a rezoning for 3903, 3949 and 3969 South Cobb
Drive from Ol (Office- Institutional) to Oi-PD (Planned Office Development) for the
purposes of redeveloping a portion of the site. The site currently holds a hospital
building and two medical office buildings (MOBS). The applicant is proposing to add a
120,000 sq. ft. medical office building as well as a new parking deck that is designed
to serve the existing and proposed MOBS and the hospital. The Planning and Zoning
Board heard the zoning request at the March 11, 2019 meeting and approved the
request by a vote of 7-0. Therefore, Community Development recommended approval
of the rezoning from OI to OI-PD with conditions.
Mr. Ken Suddreth reported that the Emory Clinic is seeking approval of a rezoning for
3903, 3949 and 3969 South Cobb Drive from O/ (Office- Institutional) to Ol-PD
(Planned Office Development) for the purposes of redeveloping a portion of the site.
The site currently holds a hospital building and two medical office buildings (MOBs)
consisting of 38, 000 and 25,200 sq. ft. The applicant is proposing to add a 120, 000 sq.
ft. medical office building as well as a new parking deck that is designed to serve the
existing and proposed MOBS and the hospital. The proposed MOB will be a 4-story
facility (30,000 sq. ft. on each floor) and will be located closer to South Cobb Drive than
either of the existing MOBS. Interior renovations and some utility modifications will also
occur in this phase to the existing hospital. All major renovations to the hospital will
occur in phase ll. Community Development recommends approval of the rezoning
from Ol to OI-PD on 12.69 acres for the redevelopment of the existing Emory Hospital
site located on South Cobb Drive, including those variances supported by staff as
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shown above, with the following conditions:
Standard Conditions
Requirements #1, 2, 3, 4, 5, 8, 9, 10, 12,16 and 17 from Section 1201 of the Zoning
Code are not applicable.
The following requirements remain applicable.
1. All utilities within the development shall be underground.
2. The developer shall be responsible for any traffic improvements (including
additional right-of-way dedications) deemed necessary by either the City or the County
during construction plan review. Sidewalks shall be provided by the developer inside
the subdivision and outside the subdivision adjacent to any public right-of-way
consistent with City's requirements for the extent of the development. A grass buffer
with a minimum width of 2' shall be provided between the back of curb and sidewalk.
3. No debris may be buried on any lot or common area
4. 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.
5. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances.
6. All yards and common areas are to be sodded, and landscaped. irrigate as
appropriate.
Special Conditions
7. The development shall maintain the following setbacks: Front - 25' Side -10' Rear -
40' Building Separation - 15'
8. The developer shall meet all fire access requirements deemed necessary by the
Fire Marshal during construction plan review.
9. The developer shall be responsible for any water and sewer improvements deemed
necessary by the Public Works Director during construction plan review.
10. The developer shall be responsible for any stormwater improvements deemed
necessary by the City Engineer.
11. Issuance of the final Land Disturbance Permit (LDP) will not occur until GDOT
approval is obtained. However, preliminary grading/demolition work, once approved by
the City Engineer, will be allowed to begin prior to such GDOT approval being finalized.
12. Three months after the issuance of a final c /o for the MOB, the applicant will
study traffic conditions and provide signal modifications or installations as warranted.
This timeframe can be adjusted by the City Engineer as needed. Any improvements
necessary as a result of said study/studies will be the responsibility of the applicant.
13. Utilization of low intensity, environmental type lighting shall be allowed within the
development. The illumination of which shall be confined within the perimeter of the
subject property through the use of `full cut-off lighting"
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14. Approval of the subject property for the Ol -PD zoning district shall be conditioned
upon the development of the property in substantial compliance with the site plan
submitted 31512019, dated 210812019 and created by Kimley Horn and Associates, inc.
and all zoning stipulations above.
15. The applicant shall be bound to the elevations submitted on 2B/2019 for the
120, 000 sq.ft. MOB and drawn by May Architecture. Approval of any change to the
elevations must be obtained from the Director of Community Development.
16. The applicant shall be bound to the parking deck elevations labelled "New
Northwest Parking Deck at Emory University Hospital Smyrna" submitted 210812018,
dated 12-28- 2018 and done by Kimley Horn and Associates, Inc.
Council inquired about the explanation for the front setback which is calculated by a
formula which takes into consideration the existing structures on the property.
The Mayor announced the public hearing and one person came forward to be sworn in.
Dr. Doug Hoffman asked about the second phase and noted that he was in full support
and cannot wait for them to start.
Mr. Mike Mason, VP of Operations for the Emory Clinic, representing the applicant
came forward and explained a bit about the project including the fact that they have
potential plans to eventually shut down the hospital for renovations/expansion and
intend to be complete and reopened within ten months. Emory is looking for the
renovated hospital to be open on or about August 2020 provided the Certificate of
Need (CON) passes as expected around June 1st of this year. Current plans for phase
one are to build the new medical office building and to add a parking deck.
Members of the Council thanked the Mr. Mason and the Emory group for developing in
the City. They also asked about the tree plan and whether or not the other buildings
already in existence would be renovated.
Councilmember Tim Gould made a motion to approve Zoning Request Z19-006 -
Rezoning from OI to OI- PD to Add a Medical Office Building and New Parking for
Emory Hospital -12.69 Acres - Land Lot 552 - 3903, 3949 and 3969 South Cobb Drive
- The Emory Clinic. Councilmember Ron Fennel seconded the motion to approve.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Welch,
Councilmember Wilkinson, Councilmember Gould and Councilmember
Fennel
Absent: 1 - Councilmember Blustein
E. 2019-106 Public Hearing - Zoning Request Z19-007 - Modification of currently
approved site plan and building elevations for Riverview Landing -
16.859 Acres - Land Lots 58, 171, 172, 174, 175 - Riverview Road and
Nichols Drive - The Ardent Companies, LLC
Sponsors : Fennel
City Administrator Saddler Jones delivered a synopsis of information regarding the
zoning request and modification. The Ardent Companies, LLC is requesting a zoning
amendment to modify the currently approved site plan and building elevations. The
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zoning of the subject property was subsequently amended on March 20, 2017 to a new
site plan and building elevations. The proposed amendments would modify the mixture
of housing units, as well as provide new commercial/retail opportunities within the
development. Community Development recommended approval of a zoning
amendment to modify the currently approved site plan and building elevations with
conditions.
Mr. Russell Martin communicated that the Ardent Companies, LLC is requesting a
zoning amendment to modify the currently approved site plan and building elevations.
The proposed amendments would modify the mixture of housing units, as well as
provide new commercial/retail opportunities within the development. The project is
currently approved for 608 total residential units (310 multi -family units, 233 townhome
units and 65 single-family homes). The zoning amendment request would increase the
total residential units to 816 units (580 multi -family units, 188 townhome units and 48
single-family homes) and allow for 14,680 sq. ft. of space to accommodate
neighborhood retail, restaurants, offices, live -work units and/or commensurate
amenities. The Riverview Landing development was originally approved by the Cobb
County Board of Commissioners (BOC) on March 15, 2011 by a vote of 4-1. Prior to
rezoning, the project received positive findings on the required Development of
Regional Impact (DRi) review from the Atlanta Regional Commission (ARC) and the
Georgia Regional Transportation Authority (GRTA). As part of the rezoning of the
property, the County BOC added zoning stipulations that required the development to
meet the recommendations outlined by GRTA and ARC in the DRi review. Between the
rezoning in Cobb and the annexation into Smyrna, the applicant demolished the
existing buildings, removed all debris and partially graded the site. The subject
property was annexed and rezoned into Smyrna on November 18, 2013 by a vote of 7-0
(Zoning Case Z13-015) with the zoning conditions carried over from the County. The
previous property owner began construction on the Riverview Road improvements and
those improvements were completed by the Fall of 2018. The originally approved mixed
use development (Zoning Case Z13-015) consisted of 155 single-family residences,
332 townhomes, 165 condominium flats, 200 residential senior housing units and 850
apartment units. Overall, the development consisted of 1702 new residential units and
190, 000 square feet of commercial space for a total square footage of 2,345,550
square feet for the entire development. The density for the site was 19.42 units per
acre or 26,772 square feet per acre. The property owner applied for a zoning
amendment in Spring of 2017 (Zoning Case Z17-003) to reduce the overall
development with respect to residential units and eliminating almost all the commercial
space. The zoning amendment reduced the commercial space down to 3, 000 sq. ft.
and the residential units down to 65 single-family units, 233 townhome units and 310
multi -family units. The zoning amendment was approved by the Mayor and City Council
on March 20, 2017 with 608 residential units and 3, 000 sq. ft. of commercial space.
The zoning amendment resulted in a net change of -1094 residential units and
-187, 000 sq. ft. of commercial space. The 310 multi -family units are currently under
construction and should be receiving the first Certificate of Occupancies (CO's) this
summer. Community Development recommends approval of a zoning amendment to
modify the currently approved site plan and building elevations with the following
conditions carried over from Zoning Case Z17-003:
1. Approval of the rezoning shall be conditioned upon the all the zoning stipulations
agreed upon and approved in the March 15, 2011 Cobb County Board Commissioner's
Meeting Minutes. All parts of the of meeting minutes which reference Cobb County
Codes or Ordinances have been modified below to reference City of Smyrna Codes
and Ordinances.
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2. Approval of the zoning amendment shall be conditioned upon the Rezoning Plan
submitted March 16, 2017 March 26, 2019.
3. Approval of the rezoning shall be conditioned upon the Industrial Buffer Plan
submitted 211312017 as part of the Planning and Zoning Board Meeting.
4. A permanent public ingress/egress from Dickerson Drive shall be provided above
the 100 -year flood plain elevation (El. 766 effective March 41 2013), with access to and
through the northern portion of the project prior to the issuance of the first Certificate of
Occupancy.
Zoning Stipulations from the February 10, 2011 Letter created by Mr. Garvis Sams
General Stipulations Applicable to the Overall Development
5. The revised stipulations and conditions set forth herein shall replace and supersede
in full any and all prior stipulations and conditions in whatsoever form which are
currently in place concerning the property which constitutes the subject matter of the
above -captioned application for rezoning ("subject property").
6. The total site area of the subject property consists of 81.95 acres which shall be
developed as a Mixed Use Development including the following: Single -Family
Residential, Townhomes, Apartments, Retail and Community Facilities.
7. As part of the future development of the subject property, there shall be Protective
Covenants which will be incorporated and expanded as each phase of the proposed
community is permitted and platted and which will run with the subject property for the
maximum time frame allowed by law, which will include all phases of the proposed
community. Concurrently therewith, Property Owner Associations will be formed which
will include all components of the proposed development on a phased development
basis. The Association(s) shall be responsible for the oversight up keep and
maintenance of the entrance areas, common areas, community buildings and
structures, open space areas and similar features contained within the overall
community (i.e. walking trails, bike paths, sidewalks, etc.).
8. The Associations to be formed shall have Architectural Design Regulations which
shall control such items as signage and other usual and necessary covenants and
restrictions to protect the quality and integrity of the overall development.
9. Consistent with GRTA recommendations, the various entrances to the proposed
community shall include, with potential modifications, the following: Six (6) intersection
locations along Riverview Road; eight (8) intersection locations along Nichols Drive,
twelve (12) intersection locations along Armstrong Place; and one (1) intersection
location on Dickerson Drive.
10. All entrance signage shall be ground -based, monument -style signage with finish,
materials and colors being insubstantial conformity to the architectural style embodied
in the mixed -use development. There shall be no billboard signs, no roof signs unless
architecturally integrated into an approved building design and no exterior, temporary
signs excepting only grand opening signage and signage indicating the coming
development. Freestanding signage, including sandwich -style retail boards and other
signage shall be permitted in accordance with the terms and provisions of the City of
Smyrna Sign Ordinance.
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11. Consistent with ARC and GRTA recommendations, at full build -out, there shall be
a network of walking trails and bicycle paths located within the proposed community
which shall link the various components of the development. In addition, at full
build -out the Developer shall construct an eight foot to twelve foot (8' to 12) wide trail
along the Chattahoochee River frontage unless prohibited by City of Smyrna's
regulations or where environmental features prohibit cost-effective connections to be
built. The trail may be constructed of gravel or other pervious material with input from
the City Engineer and the Upper Chattahoochee River Keeper.
12. Lighting within the proposed mixed -use community shall be chosen by the
Developer and shall be environmentally sensitive, appropriately spaced for safe lighting
purposes (i.e. per the Photometric Plan) and whenever possible shall be themed to the
architectural style of the buildings and residences to be constructed and shall be
utilized throughout the community. Effort shall be made to make all lighting as
unobtrusive as possible.
13. Compliance with the recommendations and conclusions contained within that
certain Archaeological Reconnaissance Report prepared by R.S. Webb & Associates.
Additionally, compliance with Cobb County Historic Preservation comments and
recommendations as provided in the Cobb County Staff Review completed for Z-28.
14. Minor Modifications to Minor Modification to the stipulations /conditions, Master
Plan, lighting, landscaping, architecture, site features and the like may be approved by
the District Councilperson as needed or necessary.
15. All setbacks and buffer areas maybe penetrated for purposed of detention,
utilities and stormwater management as long as such encroachments satisfy City of
Smyrna and MRPA regulations.
16. An agreement to comply with City of Smyrna Development Standards and
Ordinances related to project improvements except as approved herein by the Board of
Commissioners, the Cobb County Department of Transportation or the Cobb County
Community Development Agency, as their respective authority may allow.
17. Compliance with written recommendations from Cobb County Stormwater
Management Division with respect to the location, configuration and methodology of
water quality and on -site detention (if any). Additionally, an agreement to the following.
a. To design and adhere to the Best Management Practices in the construction of
detention and water quality areas on site with such design and installation based upon
City of Smyrna Development Standards. To the extent that such infrastructure exceeds
these standards, they may be installed in lieu of contributions to the Cobb County
Off -Site Detention Fund.
b. All above -ground detention areas shall be landscaped and/or fenced in accordance
with City of Smyrna Development Standards.
c. In order to improve water quality, reduce target contaminant loads and to maintain
higher water quality standards by addressing run-off and pollution for non -point
sources, the Developer and Cobb County have jointly applied for an EPA 319 Grant
which proposed improvements, if jointly funded by the Developer and EPA, will be
completed in accordance with the submitted grant application.
d. To the extent City of Smyrna and the ARC concur with the same, compliance with
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the comments of the Chattahoochee River Keeper, dated November 30, 2010.
e. Compliance with provisions of the Metropolitan River Protection Act (MRPA').
f. Compliance with the Letter of Map Revision issued by FEMA on February 26, 2010
for this segment of the Chattahoochee River.
g. All proposed structures must meet the elevation freeboard and venting cod
requirements.
h. Any field placement within the floodplain must be compensated by an equal volume
of out which must be field verified and as -built certification provided.
i. Subject to FEMA and City of Smyrna, consideration to be given to raising the grade
of the intersection of Riverview Road and Dickerson Drive to allow access of
emergency and any other vehicles to the development during the flood conditions on
the Chattahoochee River with the Developer agreeing to participate with respect to the
incurrence of cost concerning the same.
j. Subject to the letter to David Breaden, dated February 9, 2011, from ARC Planner
Jim Santo.
18. Compliance with the recommendations of the Cobb County Water System with
respect to availability and acquisition of water and sewer to service the subject
property. Additionally, compliance with the recommendations of the Cobb
County -Marietta Water Authority.
19. An agreement to comply with on -site system improvements mandated by GRTA,
Cobb County DOT and the recommendations contained within the Transportation
Analysis prepared by Kimley-Horn & Associates and submitted to GRTA on November
51 2010, as may be modified through negotiations and agreements with Mayor and City
Council of Smyrna and/or with the Cobb County Department of Transportation.
However, an agreement has been reached with CB1A that "roundabouts" will not be
constructed within the proposed development and that the radii currently in place at
existing street intersections will be designed to accommodate tractor trailer trucks and
industrial vehicles. Other design options, including widened medians and landscape
zones, may be considered where not in conflict with normal movement of commercial
and industrial traffic.
As part of the foregoing, the Developer agrees to participate with respect to the design,
signalization and improvements to the intersection of Riverview Road and Veterans
Memorial Highway, if warranted.
20. Prior to the issuance of building permits, Staff shall review and approve all
landscaping and architecture not otherwise herein approved as depicted in the
renderings/elevations and plans.
21. The Open Space under the MU district shall comply with the regulations contained
therein. At present, the overall total Open Space consists of 30.5 acres which
translates into 37.2% of the total site area.
22. There will be no occupied buildings within the ultimately reconfigured flood plain
except for accessory structures such as pavilions, gazebos, barns, boat houses, etc.
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23. The developer shall meet all fire access requirements deemed necessary by the
Fire Marshal during construction plan review.
24. The developer shall be responsible for any water and sewer improvements deemed
necessary by the Public Works Director during construction plan review.
25. The developer shall be responsible for any stormwater improvements deemed
necessary by the City Engineer.
26. Gated access shall be prohibited on the parcels between Riverview Road and the
Chattahoochee River.
27. The developer shall be responsible for the provision of a public restroom along the
linear park. That restroom shall be provided prior to the dedication of the park to the
city.
28. The developer shall be responsible for the installation of a four -way stop at the
intersection of Nichols Drive and Armstrong Place.
29. The developer shall provide inter -parcel access between the parcels along the
Chattahoochee River. The site plan submitted on 3/26/2019 shows a future connection
at the northern end of Pod Al.
30. Mitigation of the encroachment into the 75' impervious surface area stream buffer
setback and the 50' undisturbed stream buffer must be provided at a rate of 1:1
elsewhere on site along the same stream. A separate mitigation site plan must be
submitted for approval prior to issuance of a land disturbance permit.
Stipulations Applicable to the Non -Residential Components
31. The front building facades and other facades which face streets or important
connecting ways to community spaces shall be a mixture of brick, stone, cedar
shake, articulated stucco, hardi-board, wood siding or other compatible materials. The
architectural style and composition shall be reasonably consistent with the
renderings/elevations which were submitted under separate cover on January 13, 2017
& 211312017 February 8, 2019 as may be approved during the Plan Review process
and which shall be consistent with the Architectural Guidelines established by the
Developer.
32. The proposed non -residential components shall contain a maximum of 3,000
14,680 sq. ft. which will include a flexible mix of commercial space including
retail/restaurants, office space and liveAvork space.
33. Parking area lighting shall be a maximum height of thirty feet (30) and shall be
environmentally sensitive, energy efficient, horizontal cut-off luminaries so as to
eliminate light pollution and prevent illumination from penetrating outside boundaries of
the subject property.
34. The developer agrees to install and construct site lighting pursuant to a Site
Lighting/Photometric Plan which shall be submitted to staff for review and approval.
35. Every effort will be made so that dumpsters will be positioned to prevent visual
intrusion from major streets, connection points to community spaces and wherever
possible from any trail or green space along the Chattahoochee River with screening
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by berms, landscaping, walls and /or vegetation. Dumpsters shall have rubber lids and
bumpers to minimize noise during emptying.
36. An agreement that there shall be no outside storage facilities except for
community garden and recreation equipment, including small tractors, storage ancillary
to multi -family, bikes, kayaks, canoes, etc. as such terms are used and defined in the
City of Smyrna Zoning Ordinance.
37. The non -residential components will include pedestrian walkways between the
proposed buildings and throughout the parking areas subject to approval pursuant to
the Landscape Plan submitted during the Plan Review process. Additionally, there will
be pedestrian connectivity between the non-residential and the residential components.
Stipulations Applicable to the Residential Components
38. Within residential areas there shall be a total maximum number of sixty-five (65)
forty-eight (48) single-family residences, two -hundred thirty-three (233) one -hundred
eighty-eight (188) townhomes; and, three -hundred ten (310) five -hundred eighty (580)
apartment units.
39. The architectural style and composition of the various residential components
shall be reasonably consistent with the renderings/elevations which were submitted
under separate cover on January 13, 2017 & 211312017 February 8, 2019 or as
otherwise approved during the Plan Review process in accordance with the
Architectural Design Regulations established in advance by the Developer.
40. All residential components of the subject property which are located contiguous to
industrially utilized properties (not including Freeman Pond) shall have either an
existing natural buffer of at least one -hundred feet (100) in width or a fifty -foot (50)
landscaped buffer containing a berm of not less than eight -feet (8) in height.
Referenced landscaping shall include landscaping on the sides and top of the berm.
However, should such industrial properties cease being used or zoned in an industrial
classification, the Developer shall have the option to remove/reconfigure said buffers
and berms.
Where space is especially limited, an alternative buffer composed of a solid,
architecturally appealing wall, at least eight -feet (8) in height as may be reduced when
placed on a raised berm or existing raised topography, may be constructed with a
minimum of twenty -feet (20) of landscaped area remaining on the proposed
development site for landscape materials.
In order to protect and/or enhance residential views, the buffer on the Highland District
(A-1) shall be a minimum of forty -feet (40) in width with an adequate berm and
landscaping.
41. The following recital shall be contained within all marketing documents, all
contractual documents concerning the conveyance of property from the Developer, all
deeds of conveyance including, but not limited to warranty deeds and quitclaim deeds
and all leases, Covenants, Conditions and Restrictions ("CCRs'):
"The property contained and referenced in this document is located in close proximity
to a Heavy Industrial area which, may at times, produce loud noises, noxious odors
and sounds. Owner and/or Lessee acknowledges and accepts that the Heavy Industrial
land uses, including their necessary ancillary activities, are recognized and acceptable
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conditions concerning which the parties herein have any control over the use of such
industrial properties."
In addition to the foregoing, the Developer will utilize sound attenuation devices and
construction materials on homes directly abutting industrial property boundaries in
order to ameliorate adverse impacts.
42. The establishment of one or more mandatory Property Owners Association (s)
which shall include architectural controls (Architectural Review Board), oversights and
the submission of Declaration of Covenants, Conditions and Restrictions or, in the
case of the condominium component, said units shall comply in all respects to the
State of Georgia Condominium Act.
43. A third -party management company and/or the Developer shall manage the day to
day operations of the Property Owners Association(s), including the responsibility of all
commonly owned properties and all amenities within the proposed community. They
shall also be responsible for the management of all association monies as well as
ensuring that any association is properly insured.
44. The submission of a landscape plan during the Plan and Review Process which
shall be subject to staff review and approval, and which shall include the following:
a. Sodded or otherwise landscaped front, side and rear yards.
b. The installation of underground utilities.
c. Ground -based, monument -style signage which shall be landscaped and irrigated as
appropriate.
d. Landscaping throughout the community which shall be irrigated as appropriate.
45. As recommended by ARC and GRTA, a network of sidewalks and bike paths
throughout the residential community which shall be designed to promote a pedestrian
and bicycle friendly atmosphere, and which shall be designed in order to provide
meaningful connectivity to adjacent retail and office areas. All buildings shall have
sidewalks on their respective road frontages. Alleys are not required to have sidewalks.
All required sidewalks shall be interconnected with sidewalks or trails.
Master Plan Districts and Miscellaneous Stipulations and Conditions
46. With respect to on -street parking on or immediately adjacent to Riverview Road,
parallel parking spaces shall be a minimum of eight -feet (8) in width and shall be a
minimum of twenty -feet (20) in length or twenty-two feet (22) wherever the additional
length is practical. Angled parking spaces shall be a minimum of eight -feet (8) I width
and a minimum of twenty -feet (20) in length. Special loading zones which are
intermittently located to serve commercial areas of the development may exceed these
maximum lengths as may be required by the City of Smyrna Development Regulations.
47. Trees shall be planted on all streets and shall be a minimum of two and one -half
inches (2 112) in caliper. Said trees shall have a minimum of twenty-four (24) square
feet of planting area and shall be spaced an average of forty-five feet (45) apart and a
maximum of fifty-five feet (55). Smaller, ornamental trees may be spaced an average
of twenty-five feet (25) apart. Trees shall be permitted within two -feet (2) of the face of
curb at the time of planting. A landscape plan shall be subject to the City's Arborist's
review and approval.
48. Street lighting will consist of light fixtures which shall be utilized on all roadways
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within the development. Street lighting will be chosen by the Developer and shall be
located on a landscape plan subject to the City's professional staffs review and
approval. Lamps shall be either metal halide, high pressure sodium, or other approved
high -efficiency type lamps. The Developer shall determine the type of posts and
fixtures subject to review and approval by the City's professional staff.
49. Pedestrian crossings shall be standard painted markings on Riverview Road only.
Pedestrian crossings will also be provided at key parking and community facilities. No
other pedestrian markings shall be required within the proposed development.
50. With respect to street signage, standard street signage shall be utilized. A
"topper" may be installed on the top of the sign indicating the name of the development
which shall make reference to the River Line Historic Area.
51. Posted street speed shall be thirty -five (35) miles per hour on Riverview Road.
Intemal streets shall have a maximum posted speed of twenty-five ((25) miles per hour.
Alleys may restrict speeds to ten (10) miles per hour.
52. All public street widths, including parking lane widths, travel lane widths and bike
lane widths shall be built according to the City of Smyrna Development Standards,
subject to modifications approved by the Ward Representative and/or City of Smyma
professional staff.
Zoning Stipulations from the March 14, 2011 Letter created by Mr. Garvis Sams
53. The Developer agrees to comply with the system improvements recommended by
GRTA and the City of Smyrna Engineer as may be modified through negotiations and
agreements with the City Council of Smyrna and the City Engineer. Additionally, the
Developer agrees to fund those certain system improvements delineated in Attachment
A" (General Conditions) of GRTA's Notice of Decision, dated February 5, 2017 while
not being precluded from obtaining available funding, and agrees to post a bond or
equivalent form of security with the City of Smyrna in an amount commensurate with
the projected cost of the system improvements for which the Developer is responsible.
Such bond shall be posted in a manner and in an amount consistent with the phased
development of the project and its related system improvements. As a part of the Plan
Review process and consistent with the manner in which such plans are presently
reviewed by the City of Smyrna's professional staff, the Developer shall incrementally
submit phased construction plans and, simultaneously with the approval of those
plans, shall be responsible for the funding of the system improvements and the
construction of the transportation infrastructure contained within those phased
submissions. The Developer will continue to submit and fund plans accordingly during
the phased development and build -out of the project. The funding and construction of
said system improvements will be required no sooner than the approval of the phase
construction plans. No transportation system improvements will be required until the
commencement of major construction activities per the phased construction plans.
Specifically, if the Developer proposes minor clean-up construction, including any EPA
319 Grant funded construction or similar riverfront improvement activities, or the
construction of any accessory structures consistent with the open space programming
anticipated to be an early phase project, such initiatives shall not require transportation
system improvements.
54. An agreement that nineteen (19) townhome units within the Highland District (as
shown on the revised Concept Master Plan attached hereto) will not initially be built
during the estimated seven to ten (7 - 10) year phased project in order to temporarily
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meet the one -hundred foot (100) buffer distancing between adjacent industrial
properties. These units may be built as an earlier phase if, prior to the construction of
said units, the Developer shall either submit evidence of a change in the zoning of the
adjacent parcels to a non -Heavy industrial classification or submit a written agreement
with the adjacent property owner allowing for a reduction in the temporary buffer. The
Developer shall file a Zoning Amendment Application for the construction of these
units so that the full City Council can review the circumstances at that time.
55. Reference to all other buffers less than one -hundred feet (100'), contained in
paragraph 4, page 12 (Stipulations applicable to the Residential Components) of the
February 10, 2011 stipulation letter, shall be superseded and replaced with the
agreement that all buffers shall one -hundred feet (100) or greater as more fully
demonstrated by the industrial Buffer Plan (Riverview on the Chattahoochee) exhibit
submitted as an attachment to a recent letter to Commissioner Helen Goreham, dated
February 28, 2011, said Buffer Plan being attached hereto. In addition, in certain
locations as indicated on the attached Buffer Plan exhibit, a fifty -foot (50) landscaped
buffer containing a berm of not less than eight -feet (8) in height is acceptable.
Referenced landscaping shall include landscaping on all sides and top of the berm.
Finally, a solid, architecturally appealing wall, at least eight -feet (8) in height and
placed on a raised berm with a minimum of twenty -feet (20) of landscaped area
remaining on the proposed development site for landscaping materials, shall be
constructed in the Highlands District (A-1) directly adjacent to the Heavy Industrial
property located at 1650 Armstrong Place (Land District 18; Land Lot 176; Parcel 10).
However, in general, should any adjoining industrial properties no longer be zoned in an
industrial classification, the Developer shall have the option to remove/reconfigure the
above referenced buffers and berms, following the approval by the Smyrna City
Council as a Zoning Amendment.
56. The Developer agrees to the positioning of a landscape buffer between the
Seagraves' "Pallet" site and the Developer's parcel along Riverview Road which is
currently shown on the site plan as "open Space". Should this adjoining industrial
property no longer be zoned in an industrial classification, the Developer shall have the
option to remove/reconfigure this landscape buffer, following the approval by the
Smyrna City Council as a Zoning Amendment.
57. The following revised recital shall be contained within all marketing documents, all
contractual documents conceming the conveyance of property from the Developer, all
deeds of Conveyance from the Developer including, but not limited to warranty deeds
and quitclaim deeds and all leases, covenants, conditions & restrictions from the
Developer:
"The property contained and referenced in this document is located in close proximity
to a Heavy Industrial area which, may at times, house dangerous equipment, materials
and terrain, trespass upon which could cause serious injuries. Also, said properties
may produce loud noises, noxious odors and sounds. Owner and/or Lessee
acknowledges and accepts that the Heavy Industrial land uses, including their
necessary ancillary activities, are recognized and acceptable conditions concerning
which the parties herein have no control over the use of such industrial properties.
Owner and/or Lessee hereby waive any right to file a cause of action for nuisance that
may arise out of the lawful use of the above referenced current heavy industrial
properties."
58. Major modifications or revisions to the zoning proposal shall comeback for review
by the Smyrna City Council in the form of the filing of a Zoning Amendment
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Application.
Cobb County Stormwater Management Comments & Recommendations
59. It is understood that the current proposal plan maybe somewhat conceptual at
this time. However, any proposed plan will have to be consistent with all of the
Metropolitan River Protection Act (MRPA) guidelines (i.e. impervious setbacks,
undisturbed stream buffers, building height restrictions within the 500 year floodplain,
impervious and disturbed area coverage limits, etc.) No buildings are to be located
within the 150-foot river setback other than public access points.
60. The proposed plan must comply with City of Smyma Flood Damage Prevention
Ordinance. The proposed plan is consistent with the Letter of Map Revision issued by
FEMA for this segment of the Chattahoochee River. All proposed structures must
meet the elevation freeboard and venting code requirements. Any fill placed within the
floodplain must be compensated by an equal volume of cut which must be field
verified and as -built certification provided.
61. Based on discussions during the applicant's meetings, it is anticipated that
innovative water quality and stormwater management measures will be utilized for this
development. Since these designs are highly dependent on the final proposed site
layout these issues will need to be addressed during the plan review process.
62. The existing lake located in the center of the site does not have adequate spillway
capacity. The proposed plan will include dam modifications required to meet the
current City spillway design requirements.
63. Since the existing grade of the Riverview Road is below the 100-year flood
elevation, emergency ingress and egress for this development will be limited during
severe flood conditions. Consideration should be given to at least raising the grade of
the intersection at Riverview Road and Dickerson Drive to allow access to a majority of
the development during flood conditions on the Chattahoochee. River.
Cobb County Department of Transportation Comments & Recommendations
64. Riverview road is classified as a major collector and according to the available
information, the existing right-of-way does not meet the minimum requirements for this
Classification. Recommend applicant consider entering into a development agreement
pursuant of O. C. G.A. 36-71-13 for dedication of the following system improvements to
mitigate traffic concerns: a) donation of right-of-way on both sides of Riverview Road, a
minimum of 40' from the roadway centerline.
65. Recommend installing curb, gutter, and sidewalk along all the road frontages.
66. Recommend applicant verify that the minimum sight distance is available for
Dickerson Drive at Riverview Road and if it is not, implement remedial measures,
subject to the County's approval, to achieve the minimum requirement of 390'.
67. Recommend the Developer comply with the requirements of GRTA'a Notice of
Decision recommendations.
68. Recommend applicant be required to meet all Cobb County & City of Smyrna
Development Standards and Ordinances related to project improvements.
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Zoning Stipulations from the February 2, 2017 Letter created by Mr. Garvis Sams
69. The additional stipulations agreed upon by the applicant in the letter submitted
and dated on February 2, 2017. if there should be a discrepancy between the
stipulations in the February 2, 2017 letter and the stipulations stated above, the
stipulations stated above shall apply.
Zoning Stipulations from the March 8, 2019 Letter created by Mr. Garvis Sams
70. The additional stipulations agreed upon by the applicant in the letter submitted
and dated on March 8, 2019. If there should be a discrepancy between the stipulations
in the March 2019 letter and the stipulations stated above, the stipulations stated
above shall apply.
The Mayor opened the public hearing, and no one came forward to speak.
Attorney Garvis Sams who was there to represent the applicant came forward and
provided a brief overview of information pertinent to the application for zoning
modifications.
Mr. Chuck Jones, Developer of the current multi -family units was sworn in by Attorney
Cochran before speaking about where development currently stands and what is hoped
for in the next phases of the project.
Councilmember Ron Fennel made a motion to approve Zoning Request Z19-007 -
Modification of currently approved site plan and building elevations for Riverview Landing
- 16.859 Acres - Land Lots 58, 171, 172, 174, 175 - Riverview Road and Nichols Drive -
The Ardent Companies, LLC. Councilmember Charles "Corkey" Welch seconded the
motion to approve.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Welch,
Councilmember Wilkinson, Councilmember Gould and Councilmember
Fennel
Absent: 1 - Councilmember Blustein
5. Privilege Licenses:
There were no Privilege Licenses.
6. Formal Business:
A. _ Approve the License Agreement for the FirstResponse911 software from
ElanTech Inc. dba DataTech911, 9250 Bendix Road, Suite 1030,
Columbia, MD 21045, in the amount of $7,500.00 that will allow for direct
CAD ambulance dispatching and allow the Mayor to execute all related
documents .
Sponsors: Norton
City Administrator Tammi Saddler Jones advised Mayor and Council as to the
background on the agreement. The Smyrna Police Department realized the need to
have the capability for direct CAD dispatching of ambulance services to free the E911
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City Council Meeting Minutes - Final April 16, 2019
dispatchers to provide guided medical care prior to the arrival of EMS personnel. The
budgeted software called FirstResponse911 meets that requirement and is provided by
ElanTech Inc. dba DataTech911 which is a sole -source provider. The Smyrna Police
Department realized the need to have the capability for direct CAD dispatching of
ambulance services to free the E911 dispatchers to provide guided medical care prior
to the arrival of EMS personnel. A complete search was conducted to identify the best
possible solution. The budgeted software called FirstResponse911 meets that
requirement and is provided by ElanTech Inc. dba DataTech911 which is a sole -source
provider. Staff recommends Mayor and Council to approve the License Agreement for
the FirstResponse911 software for direct CAD Dispatching of ambulance services.
Councilmember Derek Norton made a motion to approve the License Agreement for the
FirstResponse911 software from ElanTech Inc. dba DataTech911, 9250 Bendix Road,
Suite 1030, Columbia, MD 21045, in the amount of $7,500.00 that will allow for direct
CAD ambulance dispatching and allow the Mayor to execute all related documents
Councilmember Maryline Blackburn seconded the motion to approve.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Welch,
Councilmember Wilkinson, Councilmember Gould and Councilmember
Fennel
Absent: 1 - Councilmember Blustein
B. ORD2019• Approve the amendment to the City of Smyrna's Code of Ordinances
Chapter 34 entitled Courts, Section 34-38 (a) and (b) to amend the
Municipal Court Technology surcharge amount to $6.50 per citation.
Sponsors: Blackburn
Ms. Tammi Saddler Jones reviewed the pertinent information for this agenda item.
Court Software is in need of an upgrade due to difficulty with response time during
Court and for the clerks when entering information. The upgrade will take all court
related information from a city server to the cloud where it will be maintained by
Courtware. The information will accessible by court services personnel. The new
surcharge will be $6.50 per offense. The current surcharge is set at $5.00 per offense.
This software processes court fines, fees and surcharges, it also is used by probation
for fees as ordered by the judge. Reports for court services, police department and
probation are obtained through this software. Moving Courtware to the cloud will release
space on a city server, which is currently occupied by court files to relieve other areas
in the city. The Information Technology staff will no longer have to oversee the software
maintenance and upgrades. Courtware will maintain and provide assistance for any
software issues. The Municipal court technology fund was established in April of 2006
to enable Court Services to purchase Court Software. An ordinance was drafted for a
surcharge to be in addition to all fines, fees, and surcharges imposed by the municipal
court and documented in the bond/fine schedule. There was an additional $1.00 per
paid citation allocated to this fund for ongoing technology needs. This amount funds
other technology needs in the court/council room and court services. Recommended
by the Clerk of Court and the City Clerk.
Councilmember Maryline Blackburn made a motion to approve the amendment to the
City of Smyrna's Code of Ordinances Chapter 34 entitled Courts, Section 34-38 (a) and
(b) to amend the Municipal Court Technology surcharge amount to $6.50 per citation.
Councilmember Charles "Corkey" Welch seconded the motion to approve.
The motion to approve was carried by the following vote:
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City Council
Meeting Minutes - Final April 16, 2019
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Welch,
Councilmember Wilkinson, Councilmember Gould and Councilmember
Fennel
Absent: 1 - Councilmember Blustein
C. _ _ Approval to enter into an agreement with Courtware Solutions, Inc (CSI),
5917 Edenfield Dr., Suite 110, Acworth, GA for the Azure upgrade to the
current Courtware software system in the amount of $5.50 per paid
citation and allow the Mayor to execute all related documents.
sponsors: Blackburn
Ms. Saddler Jones provided the background information for this agenda item. This
issue is in tandem with Ordinance 2019-10 which allows for the funding of technology
for court. Court Software is in need of an upgrade due to difficulty with response time
during Court, for the clerks and probation entering information. The upgrade will take
all court related information from a city server to the cloud where it will be maintained
by Courtware. The new surcharge will be $6.50 per offense. The current surcharge is
set at 5:00 per offense. This software processes court fines, fees and surcharges, it
also is used by probation, as ordered by the judge. Reports for court services, police
department and probation are obtained through this software. Moving Courtware to the
cloud will release space on a city server, which is currently occupied by court files to
relieve other areas in the city. The information Technology staff will no longer have to
oversee the software maintenance and upgrades. Courtware will maintain and provide
assistance for any software issues. The Municipal court technology fund was
established in April of 2006 to enable Court Services to purchase Court Software. An
ordinance was drafted for a surcharge to be in addition to all fines imposed by the
municipal court and documented in the bond/fine schedule. There was an additional
$1.00 per paid citation allocated to this fund for ongoing technology needs. This
amount funds other technology needs in the courticouncil court services and when
there is need for probation. In 2018, 7992 fines were collected through Courtware a
surcharge of $5.00 per citation was collected for a total amount of $39, 960, $4.00 of
this amount was paid to Courtware ($31,978.00) and $1.00 went into the Court
Technology fund ($7, 992.00). The technology fund has paid for new computers in court
services, scanners at each clerk's desk to City of Smyrna Page 1 Printed on 41912019
File Number: 2019-147 enable them to scan in all the file documents, a laptop for
probation, a laptop for the Clerk of Court and one for the judge to use during court. The
technology fund has assisted with the upgrade of Laserfiche and many other
technology needs. With the new courtware cost using the 2018 citations the estimated
amount based on $6.50 per citation could be $51, 948.00, $5.50 of this amount would
be paid to Courtware ($43,956.00) and $1.00 could go into the technology fund for the
same amount which was $7,992.00.
Councilmember Maryline Blackburn made a motion to approve to enter into an
agreement with Courtware Solutions, Inc (CSI), 5917 Edenfield Dr., Suite 110, Acworth,
GA for the Azure upgrade to the current Courtware software system in the amount of
$5.50 per paid citation and allow the Mayor to execute all related documents.
Councilmember Charles "Corkey" Welch seconded the motion to approve.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Welch,
Councilmember Wilkinson, Councilmember Gould and Councilmember
Fennel
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City Council Meeting Minutes - Final April 15, 2019
Absent: 1 - Councilmember Blustein
D. 2019-146 Approval to award RFP 19-017 Multi -Use Trail at North Cooper Lake
Park to American Ramp Company dba Progressive Bike Ramps 601 S.
McKinley Avenue, Joplin, MO 64801 in the amount of $320,375.68 and
allow the Mayor to execute all related documents.
Sponsors: Wilkinson
A summary of the background information was presented to Mayor and Council by City
Administrator Saddler Jones. Parks and Recreation and Purchasing opened the bid
for the N. Cooper Lake Park multi -use trail and nine firms attended the pre -bid
meeting, but only one successfully submitted a proposal for RFP 19-017. Award RFP
-19-017 to American Ramp Company dba Progressive Bike Ramps Parks and
Recreation requested proposals for construction of multi -use trail system at North
Cooper Lake Park, located at 4201 Cooper Lake Road, Smyrna, GA 30082. The city
was awarded the 2017 Recreational Trails Program grant, administered by the Georgia
Department of Natural Resources and funds from this grant will be used for this
project. After a pre -bid conference, one firm, American Ramp Company dba
Progressive Bike Ramps, submitted a proposal. The company has been involved in
the design process since the initial grant application and has provided an innovative
and turn key solution for the project. American Ramp Company dba Progressive Bike
Ramps 601 S McKinley Avenue Joplin, MO 64801 $320,375.68 Parks and Recreation
and Purchasing recommend award of bid RFP 19-017, Multi -Use Trail at North Cooper
Lake Park to American Ramp Company dba Progressive Bike Ramps.
Councilmember Susan Wilkinson made a motion to approve and award RFP 19-017
Multi -Use Trail at North Cooper Lake Park to American Ramp Company dba
Progressive Bike Ramps 601 S. McKinley Avenue, Joplin, MO 64801 in the amount of
$320,375.68 and allow the Mayor to execute all related documents. Councilmember
Maryline Blackburn seconded the motion to approve.
The motion to approve was carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Welch,
Councilmember Wilkinson, Councilmember Gould and Councilmember
Fennel
Absent: 1 - Councilmember Blustein
7. Commercial Building Permits:
There were no Commercial Building Permits.
8. Consent Agenda:
Ms. Saddler Jones read aloud the Consent Agenda for the Mayor and Council.
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
Ron Fennel.
The motion to approve was carried by the following vote:
City of Smyrna Page 25 Printed on 412&2019
City Council Meeting Minutes - Final April 15, 2019
A.
B.
C.
D.
9.
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Welch,
Councilmember Wilkinson, Councilmember Gould and Councilmember
Fennel
Absent: 1 - Councilmember Blustein
2019-1 "" Approval of the April 1, 2019 Mayor and Council Meeting Minutes.
Approval of the April 1, 2019 Pre -Council Meeting Minutes.
2019-148 Approval of the March 28, 2019 Committee of the Whole Meeting
Minutes
2019-99 Approval to allow road closures for the Smyrna Village 1 OK road race on
November 16, 2019 from 7:45 - 10:00 AM. Road closures include the
barricaded areas on each of the following roads: Powder Springs St,
Village Green Cir, W Spring St, King St and Memorial Pl.
Sponsors: Blackburn
Committee Reports:
Ms. Maryline Blackburn thanked her constituents that came out to the meeting. She
thanked the Smyrna Basketball Association for their hard work and dedication and
congratulated the Campbell High School JROTC for their recent accomplishments.
Ms. Blackburn welcomed two new employees and thanked Keep Smyrna Beautiful for
their hard work on the Adopt a Road Clean Up. She added to her report by
summarizing her speech on sustainability that took place at the Campbell High School
Earth Day celebration. Her report was concluded by inviting everyone to visit the brand
new Fire Station 2 which had its grand opening the weekend before.
Mr. Charles "Corkey" Welch spoke about the great turn out at the grand opening
celebration for Fire Station 2 and noted how wonderful the facility turned out.
Ms. Susan Wilkinson announced the Friends of the Smyrna Library semi-annual used
book sale which will take place at the Jonquil Festival on April 27th and 28th. The
booth will be located in front of the Community Center on Village Green Circle. She
also spoke about the Jonquil City Jog which will take place April 27th beginning at
7:00 am. She acknowledged a new group in Ward 5 that participated in the KSB
Adopt a Mile clean up that now intends to adopt a section of Pat Mell Road for regular
clean ups.
Mr. Tim Gould announced the Jonquil Jog that takes place on April 27th which
benefits the Campbell High School Education Foundation. He also spoke of the Golf
Tournament that takes place on April 29th that also benefits the Campbell High
School Foundation. He invited anyone with questions to contact him.
Mr. Ron Fennel spoke about the Finance Committee meeting that took place that
afternoon. Updates are upcoming. He acknowledged and thanked Whitfield Academy
for allowing him to represent the City at the groundbreaking ceremony of the new
building set to be open to students in the Fall. Mr. Fennel asked everyone to join him
in a prayer for the citizens of Paris, France for the fire at the Cathedral of Notre Dame.
City of Smyrna Page 26 Printed on 412612019
City Council Meeting Minutes - Final April 15, 2019
Ms. Tammi Saddler Jones announced that City offices would be closed on Friday, April
19, 2019 in observance of the PassoverlGood Friday holiday.
10. Show Cause Hearings:
11. Citizen Input:
12. Adjournment:
City of Smyrna
There were no Show Cause Hearings.
Mr. Leonard Robinson, 1809 Teasley Drive SE, spoke about sustainability. He stated
how the most successful Sustainability programs are driven by citizen input and stated
that the Citizen group Sustainable Smyrna are ready and willing to work with the City.
Mr. Robinson invited everyone to a Sustainable Smyrna meeting that was to take place
on Thursday, April 18, 2019 at 6:30pm at Chris's Caribbean Bistro. He also let
everyone know that the next meeting for the group will take place on May 23rd.
Mayor Bacon adjourned the April 15, 2019 Mayor and Council Meeting at 10:05 PM.
Page 27
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MAYOR AND COUNCIL MEETING
A. MAX BACON, MAYOR
k\-Qs em-�
ANDREA BLUSTEIN, WARD 2
Lai "I 1F.11 • . • ,
TIM GOULD, WARD 6
TERRI GRAHA , CITY CLERK
DE K NO'RTON, WARD I
MAR INE BLACKBURN, WARD 3
SUSAN WILKINSON, WARD 5
OFFICIAL
9 -
SEAL
Ordinance 2019-10
Technology Fund Surcharge Amendment
ORDINANCE # 2019-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SMYRNA TO
AMEND ITS CODE OF ORDINANCES TO SECTION 34-38 (a) TO AMEND THE
SURCHARGE AMOUNT PER OFFENSE TO UPGRADE COURT SOFTWARE
WHEREAS, the Municipal Court of the City of Smyrna has jurisdiction over certain
misdemeanor offenses and city ordinance violations for which fines are collected; and:
WHEREAS, section 41 of the Charter of the City of Smyrna authorizes the Mayor and
Council to enact and enforce ordinances imposing penalties on those found in violation of
laws and ordinances.
NOW, THEREFORE, BE IT ORDAINED AND RESOLVED BY THE CITY OF
SMYRNA, A GEORGIA MUNICIPAL CORPORATION, AND BY THE
AUTHORITY OF THE SAME THAT THE CODE OF ORDINANCES OF THE
CITY OF SMYRNA, GEORGIA BE AMENDED BY ADDING TO CHAPTER 34,
COURTS., SECTION 34-38 AUTHORITY TO ESTABLISH A MUNICIPAL
COURT TECHNOLOGY SURCHARGE:
I Section 34-38 (a) : There shall be imposed by the Municipal Court a Technology
Surcharge in the amount of $6:50 per offense, for all offenses except O.C.G.A. Sections
40-8-76 and 40-8-76.1, or any other violation for which a tax or surcharge is prohibited
and; said Technology Surcharge to be in addition to all other fines, fees, and surcharges
imposed by the Municipal Court and documented in the bond/fine schedule.
(b): All revenue derived from the Technology Surcharge shall be utilized by the
City to provide for technology support for either City Law Enforcement, Probation
functions or Municipal Court functions.
All Ordinances or parts of Ordinances in conflict with the above are hereby
repealed.
Ordinance 2019-10
Technology Fund Surcharge Amendment
This Ordinance shall become effective upon the date of its adoption set forth
below.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not affect
the validity of the Ordinance as a whole or any part thereof which is not specifically
declared to be invalid or unconstitutional.
Approved by Mayor and Council this 15th day of April 2019.
Attest:
Terri Graham, C ty Clerk
City of Smyrna
Approved as to form:
Sco Cochran, tity Attorney
City of Smyrna
A. Max Bacon, Mayor
•. y
OFFICIAL
SEAL.
•G