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So that all is a good thing. Hopefully we can find another location because I do understand that you don't want that right in the front of your uh new house there. So um but anyway, thank you. And um and part of what makes me more comfortable is because that one lot uh lot number one does meet the requirements for an R15 and I know that there's R15 on both sides and um and the neighbor that's in the middle. Um you know her her lot is quite large as well. Um she did want to be here tonight but she had communicated with me earlier that she was having to work late. Um the one thing she also communicated and I believe she may have talked to you too. Uh she was was hoping to that you could plant some kind of a landscape buffer between um maybe between some of the properties may uh you know maybe where the town homes are or the I mean I'm sorry with the three from the uh commercial. I I did speak to Cindy on Saturday and uh we talked through it and I as I I'll say to you what I told her that we're going to probably planting some trees regardless because we're going to have to remove some trees unfortunately. And I'm happy to locate those on on some of them at least on on the side if it doesn't impact the root zones of existing trees. Okay. And we want to leave enough room for a fence. Also, if a future homeowner wants to install a privacy fence, they can do that, too. So, okay. We're we'll certainly willing to consider that. Okay. Thank you. I really appreciate it. And I'll add if you look at the site plan that I thought through that when we did the site plan.

We have one this evening. Item A, this is uh Z25- Z005. This is a public hearing on zoning amendment Z25- Z005. allow changes to the currently approved site plan as well as an increase in building height. Land lot 700, 1.95 acres, 3,400 to 3420 Archerfield Way Triton Homes. And Mr. Bennett, can you read the background, please? Thank you, Mr. Mayor. The subject property 3,400 through 3420 Archerfield Way Archerfield subdivision was reszoned from neighborhood shopping to RDA conditional in 2021. Z21- Z006 to allow a subdivision with 12 single family detached homes. The site work for the development has been completed and the applicant is requesting a zoning amendment to allow an increase in building height as well as reductions to driveway length and building setbacks to build the new homes. And with that, I'll turn it over to Mr. Martin. And and before I should have um I should have noted in my opening that uh Councilman Pickkins is recusing himself from this uh item. U I think it's a family relationship associated with this item. So uh Rusty, go ahead. Thank you. Uh Rusty Martin, community development director. Uh this is zoning amendment case Z25-5. Uh this resoning, the original resoning came to you about uh four years ago. Um 21 uh that was 21 06 was that zoning case and they reszone the property from neighborhood shopping um to RDA with some stipulations for 12 single family homes. Um tonight's case is to modify that plan and modify some of the zoning conditions within within that uh resoning. Um the 12 single family homes will remain as proposed. Um they're seeking some uh amendments with respect to um the building height and then some setback issues that were caused due to some rideway dedication. But as you see on your screen, um the existing condition is 12 single family lots.

I'm good. How are you? Come on in, y'all. That's where I come up here, too. Everybody ready? Smile. Count. Awesome. Thank you. Thank you all. Awesome. I think the longevity of those businesses in Smyrna shows that with this community supports our our local small businesses and we'll continue to do it. Thank you all so much for doing business in our city. Man, the crowd is a lot thinner now, isn't it? We uh we're going to go on to our formal business uh agenda now. We have Item seven is community development items. Item A, this is a public hearing zoning request Z25- Z004 allow reszoning from R15 to RMC8 conditional for the development of seven single family homes at a density of seven units per acre land lot 528 1.01 acres. This is 2731 and 2743 Bell Drive EIB properties LLC. This is in ward 1. Councilman Pickkins has business travel this evening and is unable to join us. So, Council Member Lindley will be handling this issue, but we'll turn it over to Rusty Martin. Good evening, Rusty Martin, community development director for the city of Smyrna. Uh, this resoning case uh went before the planning and zoning board on April 14th. Uh, their recommendation uh from that public hearing was approval by a vote of 40. Um, so it comes to you guys tonight uh with the recommendation of approval from the PNZ board and from staff. Um, the subject properties are located on Bell Drive, 2731 and 2743. Um, they're just over an acre in size. Um, right now there are two single family homes on those lots. the the applicant is proposing to tear down those two single family homes and build seven new uh single family detached homes. Um the existing zoning is R15. They're proposing to change that zoning to RMC8 conditional uh with a density of seven units per acre for the development.

They're applying uh certain applications to kill it off and the residents expressed that they'd like to see that continue and be maintained after the development is completed. So we added that and they they've agreed to that condition. With that, I'll be happy to answer any questions for you. Any questions of Rusty? Mr. Lindler. Thank you, uh, Rusty and to Joey for, uh, working on this issue, working with the, uh, the builder, um, and working with the, uh, the community. Can you uh, just for the record, state uh, why this didn't go to PNZ, how it came back to us, and then the charge before us tonight. In other words, we're not reszoning the thing. It's just a minor change. Yes, sir. Um the city has a process for a zoning amendment for cases that have already been um heard and approved by mayor and council. The zoning amendment process is to address small changes that may arise during the um during a development process like rock and you know other issues that come up that need to be addressed and changed. Um, with respect to this this development, there's no change in the orientation of the home. All the lot sizes are all the same. The road alignment is still the same as originally improved. The original intent of the zoning is in place. We're just talking about slight changes that um, mayor and council need to address and didn't need to go back for a full uh, review by PNZ. had the density changed and they changed the orientation of the homes and the road then yes we would have carried that back to mayor and council or B&Z at that point. Um but with that being said we also um have been working with the adjoining property owners.

First is item A, Z25- Z006. This is a public hearing for zoning request Z25-006. Allow reszoning from R20 to R8 conditional for the development of three single family homes at a density of 4.28 units per acre. 7 acres land lot 664, 2583 Davenport Street. This is Signature Homes of Georgia. Um, I'm assuming you want to turn it over to Rusty for any background. This is in Ward Two, uh, Miss Hines District. Rusty. Oh, no. This is There we go. Yeah. Yes, ma'am. Sorry. Usually we're prepared. Joey's not here, so my cheese pass. It's all right. all out of whack. Um, this is resoning KZ25- Z006, the applicants, uh, Signature Homes of Georgia. Um, this resoning went to, uh, PNZ on June 9th. It came out of the PNZ meeting with a recommendation of approval by a vote of 70. The applicant is requesting to reszone uh 2583 Davenport, which is zoned R20, and they're requesting to change zoning to R8 um for three single family detached homes at a density of 4.8 4.28 units per acre. Um so they'll tear down the existing home and build three new single family detached homes. The feature land use map categor categorizes this property as um highdensity residential. There is no uh there is no future land use change required for this uh reszoning. Here's the proposed site plan. If y'all remember a year ago um the property that he that adjoins this site to the north was reszoned for three single family homes as well. um by the same applicant. Uh so this is will be a continuation of that uh development with um with three new homes in similar setbacks. So you have three single family homes that are fronting on Davenport Street. They have setbacks with a front setback of 25 feet, a side setback of five, and a rear set back of 25, which is consistent to uh the reasonzoning to the north.

I'm an attorney at Battle Law PC 3562 Hashammer North Lake in Tucker, Georgia. and I'm here this evening to speak on behalf of the applicant for this uh resoning. We're looking to develop 13 high-end luxury town homes uh on this on this property and I've got a short presentation to walk you through um what we've come up with. So, the property we're discussing is at the corner of Cooper Lake Road and North Cooper Lake Road, just across the street from WellStar Medical and Woodchase at Vinings Preschool. Um on the other side of WellStar Medical, you've got the East West Connector and to the south of the property, Smyrna Fire Rescue 5. Um just kind of give you an idea of where we are in the world. So I'm showing you the zoning map. Now, this red hatch, that's the uh limited commercial zoning that's in the area. You can see there's this little small pocket of commercial, but everything else in the area is zoned residentially of some kind. Um, so we'll be moving away from the commercial use into something a little less intense, a little closer to what we've got in the area. So this is our latest site plan and this um has been a process. This has come about uh as a result of a lot of work with the planning staff uh even some work with Cobb County DOT. So, we've landed on this um this layout here. Uh and we think it is ultimately the the best product that we put forward so far. Uh we've got some connectivity, some pedestrian connectivity for folks who are walking along Cooper Lake Road. We've got a really nice inviting layout with these tower homes being uh facing out. Um so, as you're walking along North Cooper Lake Road, you're not looking at the back of someone's house.

It's just a modifi modification of the of the site plan and the building elevations. With this request, there is no change to the future land use map. It'll remain community activity center. um mixed use is is an appropriate zoning for that uh future land use designation. So there's no need to change it. In the adjoining contiguous future land use, there's neighborhood activity center in Cobb County's property. Um to the north um and then to the east there's medium density residential in Cobb County and then medium density residential in Samra. And then to the south it's community activity center and then to the west um it's um high density residential in Cobb County and low density residential. Just to give you a little background on the property in 2007 the property was assembled um eight total parcels and it was annexed and reszoned. They were SRAA parcels and and Cobb County parcels uh mixed together and it was reszoned from R15 and RDA Simra and R20 and LR uh Cobb County to GC conditional for 26,000 square foot retail center. Fast forward to 2021, the property was reszoned from GC to mixeduse conditional for 163 units and 20,000 square ft of commercial and commercial commercial and restaurant space. Um, this request tonight is to modify the the resoning from uh 2021. um it'll maintain the existing zoning category of MU. However, they want to reduce the the multifamily units down to 45 uh town home units, which are single family residential, which are owner occupied units, and reduce the the commercial space from 20,000 square feet down to five with a with a drive through restaurant rather than um what was allowed in the GC zoning. We are maintaining the mixeduse zoning category and doing a plan modification because the restaurant use is allowed. Town home uses are allowed in the mixeduse zoning as opposed to changing it to GC for the drive-thru.

I am not asking you to preserve obsolete commercial zoning indefinitely, and I'm not asking you to uh um and I'm not opposed to residential redevelopment of the property. I'm asking you to decide whether this particular sixunit fourstory project fits this particular parcel. This is not merely a negotiation between a developer and its nearby residents. You are exercising the city's zoning authority under standards the city has adopted to protect both the private property rights and the public welfare. Smyrna's own staff memorandum says nine factors in section 1508 must be evaluated by planning and zoning and by the mayor and council. The applicant did revise the plan after receiving public feedback. And I acknowledge that the detention facility moved, the decks moved, the elevation changed, landscaping was added, and one guest parking space was removed. But those changes did not address the central objection. The project's intensity remains unchanged. It is still six attached units, still four stories, still 5.71 units per acre, and still a single sixunit row. The record documents that the drawings changed. It does not demonstrate that it unch that the unchanged scale now fits the property. In fact, the revised plan provides some of the strongest evidence that six units do not fit naturally. To restore the normal 25- foot setback beside Woodland Brook, the applicant moved the building towards the roads and created two new deviations, a setback of only 10 ft along Camp Highland Road and 20 ft along Argo Road. One setback problem was not solved. It was relocated. The explanation is that the propertyy's constrained by an irregular shape and 20 foot sanitary sewer easement. But these constraints are not reasons to wave the standards while holding the unit count constant. They are reasons to reconsider the unit count. Four or five homes would still convert the property to a residential use and advance the future land use plan without requiring the city to compress a four-story building against both public road frontages.

It is a public hearing. Zoning request Z26-002 allowing reszoning from LC to GC.26 26

This is a public hearing. Variance request allow subdivision of one lot into two lots with a lot width variance 89 acres land lot 632 this is 2773 Mildred Place Michael Halt Joey tell us about this please good evening this is a plat approval with lot width variance planning and zoning recommended approval 6 property is a little under one acre it has a single family home on property now and the proposal is to subdivide that for two lots keeping the exist existing home and building a new home. It will have all the R15 setbacks and then a lot width variance on lot two from 85 ft to 75 ft. the above lot that where the existing home is is about 122 feet in width, but the um the lot width variance is needed to keep the driveway on the the property where it already has the home. The new home will have a side entry garage with its own separate driveway and again the lot with variance to 75 ft. This is the subject property and some adjacent properties. We're recommending approval of the two lot subdivision in the R15 zoning district with the lot width reduction and then compliance with the preliminary plat submitted. Happy to answer any questions. Any questions? Thank you, Joey. Um, I'd like to invite the applicant up now. Hello, sir. How you doing? Get sworn in. We got to make this official. Yes, I do. If you'll introduce yourself and name and address for the record and tell us anything you think we need to know. Uh, yes. Good evening, U, mayor and council members. Um, my name is Todd Mtos. Um, I'm actually here on behalf of my father-in-law, Mr. Hull, um, who's going to be building this, um, house for me and my wife and two little boys. Um, awesome. Uh, three-story home. Um, I think that's pretty much it.