Meeting discussionsStart with a topic.

Um and then we had an election. Um, and we have a one tomorrow uh for state senate here in Smyrna and surrounding area. And I I want to ask, is there any candidate here who would like the opportunity to speak that's running for state senate? All right. I would encourage all of you to go out if you haven't voted early and vote tomorrow. Uh we will have a new state senator. Um probably not tomorrow. There's so many in the race. There'll probably be a runoff, but uh that election is tomorrow. Um so ton of ton of stuff going on. We have our uh coming home for the holidays uh where Santa lights the tree here in the downtown on December second, which is a Tuesday. That's always a great scene down here. Um we've got choruses from the local schools singing on city hall steps and then everybody stays around for Santa to light the tree. So, I hope you hope to see you all here for that. That concludes my mayoral report. Um, we're going to move on now to proclamations and presentations. And we're going to start with item A. This is official recognition of the participants in the 2025 Smyrna Safe Business Program. And I'd like to invite Chief Marcos up here to talk a little bit about the program, what they had to do to be part of this, and then I'd like you to introduce the businesses that are part of this. And don't Yeah, you don't have to stay if if you don't want to, but um this is this is uh we're real proud of these businesses as well. Well, mayor, as a moment of privilege, I just Robbie, I need you on my team, man. I I support Smyrna Golf Tournament. I did not do very well, so I need you on my team.

We got to talk after this. Okay. Hey, hey, hey, that's what I [laughter] Wait a minute. Wait a minute. We'll figure this out. We'll figure this out. No, thank you, mayor, for the opportunity to recognize some special businesses. uh back in 2019. I know you're familiar with this because you came to this fire. Largest fire we ever had in Smyrna lasted almost two weeks uh down SP Richards on the south end of our city. This was a major business within our city that ended up deciding to move out of the city and relocate after it had all the damage that it did. Not because it wasn't happy with the city of Smyrna. It just made a business decision. And from our perspective, we looked at that and we said, what can we do as a fire department to be proactive, not waiting for the businesses to call 911 when they need us, but to find ways to build resiliency around these businesses, especially on the cusp of COVID when so many businesses were going out. And so, I'm happy to say that this is one of the most unique uh programs that are not only just in the city of Smyrna, but it's actually in the southeast. We've had Alabama, other states in this in this region actually reach out and say, "How are y'all doing this?" And so what we've done is partnered with Carl Vincent Institute of Georgia. We've brought them in with cyber security. We actually use DAT as also an adviser on that topic. We do workplace violence. We do CPR, AED training. uh we we cover a gambit of topics over six sessions where the the business owner or their delegate comes in and actually sits in these six sessions and is instructed by one of our own uh Lieutenant Evan Mcreer who is our EMA specialist.

And so far the feedback we've gotten has been phenomenal. And so when they get done with this they do a tabletop exercise at the very end and put all this together so that they can be a resilient business in the city of Smyrna, which we know is the lifeblood of our community. And so with that, I'm honored uh to re recognize them as a Smyrna safe business. This is over 20 businesses that we've now designated as a Smyrna safe business. And so with that, I'd like to invite Evan Mcreer up or I'm sorry, let we've got one of the class representatives here. We'd like to say a few words. If I could get her to come up here, Dr. Sasha Tran with Alenia Chiropractic. If she could come up for just a minute. This thing's a little tall. Okay, so So, what I wanted to say was that I believe that the fire department, the Smyrna Fire Department really met their goal when they wanted to make sure that all these businesses are safe. Ever since being in this program, I feel more resilient when it comes to anything that happens. And of course, we don't have all the information or can go ahead and do everything right away. But because we've been through this, we don't have to rely so much on the people. is we are able to take care of ourselves before we can before we have to call, you know, to get help. And so because of this, I feel very safe and I actually feel like we're able to figure out what's going on and that we can go ahead and, you know, making sure that we have our clients, our patients, our staff safe. So, thank you so much I'm uh honored to present the 2025 participants for the Smart Safe Business Program. First up is Dr. Ashley Lingor, Sports Chiropractic Institute.

Next is Reggie Lee with B dance with Miss Reggie. [applause] Reggie, how's the new space working out downtown? I think the ice cream place really likes it that you're there, too. Not sure if she's here or not, but Lisa Lindsay with Fru Tea Bubble Cafe. represent. Very good. Represent. [applause] Victor Collins with Houndstown Atlanta. [applause] I believe also has a representative Bernard Brown with Joy Life Wellness. [applause] Jalila Campbell with Fusion Studios Austin to Carter's Pharmacy [applause] and Dr. Sasha with Alia Chiropractic. [applause] And that's the 2025 participants of the Smart Safe Business Program. Great program, Chief. Thank you for spearheading that, bringing that to us. And let's keep getting businesses to sign up and get involved. Um, we have one more uh proclamation and presentation before we move into our regular agenda schedule and that's the Smyrna Art Council recognition for artist for the new exhibit in city hall in the community center. And I don't know if you've had an opportunity to see uh all the artwork here or down the hall in the community center, but just like just like youth and athletics, we've got a lot of talented artists in our city. Um, and I I told some of them as I was meeting with them um over at the community center that we we finally figured out to how to get government out of the way and let y'all do what you do. And so you're starting to see out in the community, whether it's crosswalks or murals or just utility boxes being painted, all all kinds of public art is starting to sprout up in our community. And that's not going to stop. That's just going to continue and continue more and more. It's these people who are so talented that make that happen. So, I' I'd like to invite Pam.

You want to come up and talk a little bit about um the the exhibit and what you're doing and then maybe introduce some of the artists. Yes. Okay. Hey, I'm Pamela Hayes Malov and I'm part of the board for the Smyrna Arts Council and so honored and this is Mel and um we are so honored to have 25 artists. Can Can we have our artists stand up who are here? Come on. Come on. Y'all come on up front. [applause] Our our exhibit uh which is going through February, right, is all abstract art. So, we have all different mediums. We have wood, we have paintings, we have collage, and everything in between. And just such an amazing group of artists. And so I just want to thank the council and Smyrna and and the artists for letting us uh show their work and support our local artists. Thank you all for sharing your talents with us. It looks awesome. Let's give them a round of applause. [applause] Oglesby runs the is the council representative on the with the arts and we're going to go down and get a picture. Okay. Yeah, it's awesome. It really is. All right. [laughter] I don't know which one I'm looking at. Thank you all so much. Now, this is when we say you can stay for the rest of the but you don't have to. We're moving on now to um community development items. We have four this evening. Uh first one is item A. uh for temporary authorization for a temporary sales certificate for a Christmas tree lot on Pebble Pebble Brook Road. Um anything that you want to add, Mr. Jones? Community development take care of this? Pretty straightforward, I imagine. Yes, sir. Uh Rusty Martin, community development director. This is a request for a temporary sales certificate for a Christmas tree lot on Pebbleook Road.

Um, if you guys remember about a month and a half ago, you approved the produce stand at this location. Obviously, the seasons are changing and your uh merchandise is changing. So, the request is that with Christmas tree lot. Any discussion? So, I know this is in um Councilman Oglesby's ward. Anybody want to talk about on this? I'd like to make a motion to approve. Make this easy. Motion to approve by Mr. Oglesby. Second by Miss Hines. Everyone, please vote. Approve 70. We're off to a good start. Item B, this is a public hearing authorization for a new request pond broker license for Atlanta Title Pond LLC located at 2380 Cobb Parkway Southeast here in Smyrna. Mr. Jones, any background, please? Mayor, this is a new request for Atlanta Title Pond. The application was made for Palm Broker license located at 2380 Cobb Parkway here in Smyrna. Uh we've reviewed this application and staff has recommended denial of the application. U this this particular location where it's being applied for does not meet the location requirements in our ordinance section 2285. like to invite the applicant up now. Or is it Rusty? Did you have any presentation? Okay. Invite the applicant up. You'll introduce yourself. Be sworn in by our city attorney. My name is Autumn Mlen. This is Dan. Approval. Um does not very The code is ambiguous and not clear. It does not define how the path should be determined. So the survey that we have submitted is the path of travel which is what the survey company suggested and said that is used. So we're asking for it to be approved based on that. Any questions of the applicant? So we when we went in to uh apply for this u we asked for how do you want this to be measured and the code does not say it just says 1,000 ft. Uh so we asked for a checklist.

How would you like this to be measured? Is it a straight line? Is it a path of travel? Is it doortodoor? And there's nothing in the code that allows us to know what's the path. So when we went we had hired United Land Survey they've been doing business license in Smyrna of 30 years they created the survey for us and we were 1,55 ft from a title max. So we thought we were okay and I guess the community development came back and said no it's line of path and my only question was well why isn't that in the code line of path from door to door? Um, we are a Atlanta title pond. We've been in business for 15 years in Marietta. We service commercial customers. About 70% of our loans are for commercial people trying to make payroll. I don't compete that much against Title Max. Uh, we don't do low-end cars. We, like I said, 60% are people trying to make payroll. Uh, bring in, you know, dump trucks and work equipment. And we help the community for these 30-day loans. So, we're hoping you guys can overlook. I think I did get another survey and it was about 875 feet linear and we're,55 path of travel from a title max. So, we're hoping you guys would reconsider that. Thank you. Any discussion amongst council before we open up the public hearing? Public hearing. If there's anybody who wants to speak for or against this item, please come up and be sworn in by our city attorney. All right, seeing none, we will close the public hearing and uh I will turn it over to Councilman Pickkins. Thank you, Mayor. Uh based on the distance requirement in the ordinance, I will make a motion to deny 7B LIC 2025-039. Councilman Pickicket has made a motion to deny. Is there a second for that motion?

Second by Mr. Lindley. Motion in a second. Everyone, please vote. Heather, looks like we're having some difficulty on the All right, we'll take this vote by hand. All those in favor of the motion to deny will raise their That's a unanimous vote. 70. That application is denied. We'll move on now to item C. This is a public hearing zoning- 007 uh reszoning from O and I to MU conditional for mixeduse 250 multi-unit multif family unit development on Highlands Parkway. Mr. Jones, any background, please? Mayor, the applicant is requesting to be reszoned from O andi to MU conditional for mixeduse development with 250 multi- family units and additional 2500 square feet of retail. Uh the future land use for this area calls for it to be industrial and the land use change from mixed use is required uh which is the purpose of this zoning hearing. Uh the planning and zoning commission has reviewed this and has voted to deny the request by vote of 70 at their August 11th meeting. Martin. Yes, sir. Uh, this request went to PNZ on Octo August 11th. Uh, it's been tabled subsequently since that date. Uh, you guys will hear tonight and make final uh, action on it. The subject property is located at uh, Highlands Parkway. Um, it's vacant track. It doesn't have an address. Um, but it's pretty much right across from Technology Court in uh, Highlands Parkway. It's a it's almost seven acres in size. Uh, currently the property is being used as overflow parking facility for the Fountain's office buil building. Um, the applicant is proposing a mixeduse development with 250 multifamily units um, at 38 units per acre and 2500 square ft of retail with in that uh building. The request is to go from OI office institutional to mixed use condition conditional. The zoning map reflects um OI zoning on either side of the property.

Um on the east and west side and then across the street to the south there's office distribution, office and general commercial uh zoning. The city's future land use map has the property designated as industrial. Um, and with this request, it'll require a land use change to that map and change it from industrial to mixed use. Um, the adjoining uh properties to the north, east, south, and west are industrial. And then on the south side there's a little bit of um community activity center. This is the subject uh site plan for the development. Um you'd enter off of uh Highlands Parkway uh pretty much uh right in between Fountain's development in this uh site and then there'll be a subsequent additional uh entrance to the west um in alignment with technology court with this development. Uh the setbacks they're looking at a front setback of 115 feet, a side setback of 95, and a rear setback of 40. Uh the multifamily building is proposed to be five stories in height, and then um have a four story split in it. Uh there'll be 250 units that will be 120 uh onebedroom units, 115 twobedroom and 15 threebedroom. And on the first floor there'll be the uh leasing office and and and retail area. And then um there'll be an amenity area, pool and courtyard. With this request, there'll be 377 parking spaces and then your access drive and storm water detention will be underground at the back of the property. And with this request, there are six variances that uh go along with it. Um and these variances are due to using the mixeduse uh zoning classification that uh that zoning classification requires the buildings to be pulled up to the street have pedestrianoriented uh uh design and you know this is pushed off the street. So it's it's requiring several variances from the mixeduse zoning district.

The first being um to increase the maximum front setback from uh 20 feet up to 115 feet. Um to allow an increase in the maximum side set back from 20 feet up to uh 95 ft and then allow an increase in the residential density from 25 units per acre up to 38 units per acre. Uh number four, to eliminate the requirement for that there be consistent building edge along public sidewalk. In number five, um to eliminate the requirement that the off off streetet uh surface parking shall be prohibited uh between the building and the adjacent street. And then number six um to allow more than 15% of the uh of the units to be rental units. Um typically when you're um giving variances, there's either a hardship or your your plan is meeting the future land use plan and you're there's slight uh design and development issues that you're trying to overcome. In this case, this doesn't meet the city's future um uh land use plan and you know in the in design is going against what is requested from the mixeduse standpoint. These are the proposed elevations of the building. The city's uh future land use map uh calls this out to be industrial land use. And as you can see on the right hand side of the screen, uh it lists the appropriate land uses that that are um appropriate for this uh land use designation and the corresponding zoning districts. And as you can see, uh mixed use is not an appropriate uh zoning district in this. With respect to the land use analysis, Highlands Parkway is a corridor with many properties within the industrial land use designation and is a major industrial employment center for the city. Um the industrial land use designation is characterized by manufacturing distribution facilities and equipment that are often disruptive to uh residential properties.

And we know this because we have conflicts with the existing industrial uses out there with the surrounding single family uh uh single family homes that abut these um uses. Uh modifying the land use category of one property from industrial to mixed use on Highlands Parkway would be inconsistent with the intent of the comprehensive plan and future land use map. This would be a mixeduse zoning dropped in the middle of an industrial classification that is surrounded by office and industrial uses. Um, next, the addition of 250 residential units on Highlands Parkway create conflicts with the existing industrial businesses and and associated heavy freight traffic that travel the corridor. And finally, the mixeduse um land use and zone zoning district is intended for pedestrianoriented developments within the designated activity centers. And obviously, this is a a suburban design where the building is pulled off the street and surrounded by surface parking. These are pictures of the subject property. Community Development is recommending denial the reszoning from OI to mixed use conditional and the land use change from industrial to mixed use at zero Highlands Parkway for a mixeduse development with 250 hotel rooms and uh 2500 square feet of retail at a density of 38 units per acre. Um the PNZ board, they also recommended denial and they voted at 70. With respect to that, should the council uh believe that um approve this request, we'd make one recommendation that you guys um add three zoning stipulations and two of two of them are related to the the site plan submitted and the the elevation submitted. if you guys hold them to that if you decide to approve this. And number three, the applicant has profered two um stipulations related to providing five uh units at affordable rates, which is 80% of the area median income and that they'll fund the installation of a traffic signal at Highlands Parkway and Lakeidge Drive.

So, if you guys choose to approve it, we'd recommend that you add these stipulations to go along with that to hold them to what they're proposing. So with that, I'll be happy to answer any questions for you. Questions or Rusty? Rusty. A lot of varian of mixed use. How come do you know why didn't use multif family category? Because they're providing a commercial use with it. So, um, our currently our commercial or our multifamily zoning districts don't have the ability to allow for retail and commercial uses. Mixed uses is about the only category that does that. On that last slide, I'm just thinking it was a mistake, but Can you pull that last slide up again? Yeah, it's an error. Talking about where it says 250 hotel. Obviously, that is not We missed that. It's an error. Multi family. Be multi family units. Yep. Thank you. Any other questions for Rusty? Thank you. Like to invite the applicant up. Got good evening, Mr. Mayor, council members. I'm Kevin Moore here on behalf of the applicant, which with partners uh in this application for resoning. I'm also going to be joined uh tonight to give uh part of this presentation by Blake Brady and Bennett Sans specifically Blake Brady with both with Wood Partners uh who will provide additional details for your consideration. I'm going to introduce this application for your consideration uh and then they'll be providing the presentation to you as well about this project. uh you know first of all people you know I we very much would partners myself respect staff their professional opinion it's just in this instance we respectfully disagree u we believe that there are changing conditions and circumstances for this property uh in this area specifically which we think give grounds uh and supporting grounds for consideration by you for approval.