February 15, 1988 Council Meeting
m..t~ng f Mayor and Counc~l was held
Smyrna City Ha11. The meet.ing was called
ok p. by pres~d~ng off~cer yor A. Max
members were resent. Also present was c.ity
tterson, Rita L~ttlejo n, C~ty Attorney
representat.ives of the res
r
15,
to order at
Bacon. 11
Adm~nistrat
Charles E. Camp
Invocat~on wa
Street Baptist
by Reverend
followed
Robert Ward
the pledge t
a 'if'" of the
the f1ag.
Spring
LeweI yn of Old
d:i sapprovi ng the
to Atlanta Road.
South BBQ on
widening of
Cherokee
Cherokee
oad
Road
one due to the length
f the agenda.
(A) S:ign Var:iance
Drive.
ERA Properties,
Powders Springs & So. Cobb
Dickson of ERA Properties at 672 Concord
to allow a sign to be placed at the
Lutheran Church located on Powder
Drive for a six onth per od. The
a new subd~v &~on wh~ch ~s under
ickory Acres Dr~ve. It appears as though
prospect~ve buyers to the h €Os.
Realtor w~th ERA Adventure Proper ~es
know the subdiv sion exists Beause
the s~gn is needed.
explained
of their
s
inal made a mo
ed the motion
ion to
to deny
deny the sign
which carried
e 2079 Nancy Circle
to 3 feet.
side yard setback
ated that r. James Smith is asking for this
allow the const nction of an accessory
cover his sw~mming pool pump and f~lters.
hardsh~p in he package as ell as a letter
property owners ind~cating t ey have 0
ceo This variance would a110w the
ee feet from the property line which ~s
the side yard requireme t of ten fee
ng.
Wade
being
motion
Lnenicka
reduced
which carr:ied
motion
o feet to
-0.
to
3
approve the side
feet. Bob Davi s
yard setback
seconde the
(C) Business Lic
Road.
se
First Edition Limousine
1 60 Concord
hat Fi st
to and
itio
Hawkins
7-0.
Edition Limousi e wou d
from the air t in
to grantin b sines
to approve, seconded
be used
own town
license.
by Jack
Liquor license
Cobb Drive.
management
change
for
than
this
Ji
stigation showed nothing t
e The e 'Aa s no opposi t ion
Hawkins read an invest gation
rt on
es
grant
7-
r . ich state t ere as no eason 0 bar r
ha t 1 c e . ,1 i m Hawk s e a motio t
ce t was s c nde erry Mi11.s and p sed
E
R q est
321
arsto
st eet PC to LC.
re
ezone
e t
pro
from
t Ja s it 1 and Ke eth Swofford re
ty ownerg Jo n G ss, n t s eq est t
0 Le.
J P
8 )
Buff
nthe
r si
awa
arri
t ere had been
matt r. .Jerry
t e nderstandi
rs office i t
6,000 sq. ft total bui
have 0 e 0 sq.
exit onl. on
left turn 0 t of
hi e oug
sh tel (5)
o -sit
Streets (7)
ou erwall to
sed burro a
:ines w t
s des. (10 Outs de
resident:ial side Jim Hat'" i
with Wade enicka opposed.
two
the
o t
(1) There will
(2) Request
(3) Prefer
4
a
e .
j ter ite
inter splice
re sp aeles t be
s seconded motion
t on
from
ved.
(9 )
or
on
kep
whie
Rezoni 9
OT RTD
P
e
corne
of C ncord a d Hurt, Jebco Ventures
GC.
state hat Van stmoreland on ehalf of Jebco
as rese ted a etitio to ayor and Council
property a roximately 11..9 acres i the V of
ad be ne fro RTD 0 to GC. r.
si co struct a 73 700 s uare f at
square oat f store, ,5
miscel a eous sho s otal1ing 25,2 0
is a 1 9 history hin this
r timat ly nvolve i a sit ation
nsti tional bjections ve been
you has receive a c of
ted to den t is request a
ts bee met. The pr per
detached. t east there is
1 ere a1. and R- si gle fami y
9 e fam ach To the
pme t sr. Bob
B con eal e
for tea pl cants t
plea e st
o
ar
i g
e W
for 0 a
stat
but ry
hose peopl
this ti e
't i e to stop e
orn in d rin
spokesperson or
and be r in.
a ini tere
tiono
t e 0 th to t e part es
r Baeo
st t,
e
i1
r
tea
liea
s f rst.
augh stated
and bas
if he wou
he met with the
ly know what is
like to make his
petitioners a
planned and
presentation.
couple
asked
of
r .
epresented Jebco Ventures, Inc. in this
ng. Mr. Dupree stated as previous stated
Patterso this piece of prop rty does
ng back to and prior to being annexed
into Mr. Du ree stated first of all even
requests rezoning they will change to the
catagory if that be the desire of the
as stated the applicant is seeking to
tely ll.9 acres of land, Shopping center
000 square feet anchored by a 40,000 plus
and a dr g store. The requested amount of
than the ordinance would require and this
a p p 1 i can t s r e zon i 1'1 9 i saw are not on 1 y f r om
talking ith the people in the area about
i~lly from the residential area about the
piece of property. Accordingly, they have
ng plan that would ttempt to buffer this
possible from the residential area and I can
n w. This landscapi plan right now is
ve and the applicant Jebco has agreed to
a stipulatio to the zo ing that any
is submitted in reference to this would
the planning depa tmant of the City prior
certificate of occupancy Mr. Dupree
~Bsioned also a traffic study because thay
cor d at t his par tic u 1 a r in t, a r s e c t ion doe s
of traffic a d that traffic study as been
report that you have been handed. I don't know
you have seen it or not, we filed this after
that we had before the Plan ing Commission.
far as mpact is concerned, the history of
this property has been previousl zoned
and has been previous1y rezoned office and
the front part, the out parcel included in
inten ad purpose of that is a catagory that
the office an institutional catagory.
t on for rezoning is asking or the appl cant
b. ezon d neighborhoo shopping so it can
parking enc oachment on that one tract for that
Otherwise. again we would ag ee to stipulation on
that it, be limited to O&Y use such as a bank or
type rvice facil.ity. Mr. Dupree stated that he
thought one thing s:ignificance in this is the reason that the
icantsfeel s is a suit ble use for the property and
also to int to your attention that this property
has en att rua ke'ted in the past for a development
si i1ar to tha t t t that ~s town homes and found that
it s easible to 0 that and many of you must
know now residential townhomes that were developed
on part of the Ruff property there have already been two
fo eclosures t part~cular tract due to ~ts being a
nonfeasible ssue. So we would ask you to consider this
application and if have any q estiens concerning spec~fics on
this Van estmoreland with Jebco Ventures w~ll answer them
for you.
Jerry.Mills asked
saying you WOUld
why Jebco asked for a
go for a downgrade to
GC zon~ng and now you
eighborhood shopping?
are
Right.
t wou1d bring that concession on?
frankly :r
with it
were
think in analyzing the planning in what
when the original application was filed
mistaken in thinking t at General
Commerc
e sh
al was
ng c
t
ter.
ey
In
eede
studyi
in the zoni c
t e rdin nce
tag ry to f
t doesn't.
t
n
e
i
r
lls:
be the
In other wor s OU are
e n er ne ghbor ood
say
s 0
ng t
pi
e
same development
ersus genera
c ercia
r. Dupr e,
Yes sir.
ck
ad
Shina
previou
1 :
1
You
been
made the s
zoned for
atement that
e ghborhood
t is piece
shopping?
of
pr
perty
Dupree,
Yes sir
indicated area on map}
Joh Patterson as ed r. Dupree if is
accept eighbor ood shoppin 2:0 ng c
t e s i e 0 fay one s tore to 5,0 0 s
tated that no t e were ot awa e f
out in th rdiance t at t ey have, so
r. Pat erso stated t at it was in the
to hi rha they ave looked the c e
client realizes that to
assif ation ould 1 it
uare feet? r. upree
that, it was ot pointe
t ey will take that bac
ord na c that was handed
se ton.
ade
Const
ne
tuti
ick
nal
as e r
jections
upree
t
e
rp
s
of
fi
i
g
t
e
upree exp
Pos ssion f a
curre t zoning
confistory and i
Geo a a the
positio e
it by the
ro ed ra]e
put you on
the ne a
udic:ia1 0
ained urpose was several fo d
a plica t r f t e property that t e
restricti pon this piece property is
violati of th Constit the State f
Constit t on of t e united t is also
intervening oning c assif tions lace upon
woul al 1 k se be itutional. e
for fili the titio he ounei is to
t t t at is the positi t e applicant a
o a 0 portun y to on it prior to a y
on it.
J e
was
t
if
a the
atten
t e fir
meetin
ace.
co
uet d
est ore
t e traffic
and stated
tud
that
r
r .
woul
th
ere ta
as t
that
ki.n abou
u d t k
s t ati n.
the traff c,
within as 10 g
we
as
r. Shi
studied.
t j
a
s
he
Mr
in
otic that 0 ly P.
stmorel d if e
that particular area
traffic hours were
as aware that 0 of
is the roblem.
r
jo
eca
y for
ty f
e
kind
ho
s
hours a 1 t that
e r fe s t
traveled part
of developme t.
rs.
r .
s
t t
of t
The
s
not
a
e
re
the
10
a d he refe s
time he studied
se traditio all
ing in th s
shopping s one at
the P.
t at pro
that is t
rtic lar
early P.
peak
rt
Jl1r. S
that 0
all
1 P.
states
tra
that it
fie vol
is
s
stated on
were recor
page
ed.
t
un-numbered,
c
We tmor
etee as
land state
it eed e.
e
51..1
e
that
this
thing
is
not
s
h
v
Baco st
e siti
e opportun
d that e thought
l:1. Stated to r.
ty to come back and
it was time that they
estmoreland that e
retaliate.
heard
ou1
M yor an
at 371
e re enting a
vicinit of
adve sel
ed to
urt R d
of the C uncil name is Pete 00 I
ay, in the City of Smyrna I am here
of reside t ho ive in th i mediate
osed rezoning. These res dents wi 1 be
t e roposed rezoning. We are ada ately
th r er at the nt rs ction of Concord
k ow t is property as bee the ubject
re.on~ng request over the past number of years
been alluded to. Prior to t.he time the property
of Smyrna, the Cobb County Commission
shopping center, other commercial
1y housing_ S~m~lar requests have been
Council on several oc asions. The most
property occurred in April of 1983. At
a City Council zo ed 18 acres for a
development. The 4 acres at the point of
was left zoned at 0 & I. The RTD zoning
rtain stipulations including size, minimum
its per acre, maximum density, buffer and
and several other stipulations that are
utes in the April 18, 1983 meet ng of the
Homeowners that reside in the area were
se this rezoning. A number of townhouses
property s:ince the 1983 rezoning inclUding
or so (new ones). We believe that the
an economically viable opportunity for the
erty to receive a fair return 0 his
sition to the proposed rezoning is based on
&uch rezoning would have on the health,
welfare of the residents who live in this
for the proposed reta:i1 development shopping
total of 438 parking spaces for automobiles.
t expects very heavy automobile traffic in
nt. These spaces could turn over several
days as fr~quent1y happens in shopping
ed development includes a 40,000 square foot
al know, supermarkets are high volume, high
s. The proposed development also includes a
unspecified stores and shops. We believe
e substantial noise and air pollution in the
area that is a dense residential area. The
and ir pollution is a heath concern of ours.
County is one of the few counties in
are required to have their vehicles pass
test before they can purchase a license tag.
ution is deemed a health problem in Cobb
Smyrna area and certainly has the concern of
Protection Agency and other State and Federal
We believe t i a legitimate health concern.
Both Concord Road and Hurt Road are narrow,
in the area of the proposed rezoning. Both
handle the current traffic volume. The
ume e sity of traffic on these roads wo ld
i.onal safety hazards in the area. To illustrate the
9Ji'avi of the safetyprobl em in this area there have been more
than traffic aoc at the intersecti n of the Havilon Wa
and concord Road. h Cobb County is currentl.y in the midst
o..f multi -mi r road program there are no assurances
that Concord or would be widened from two narrow lanes
Ln the area of d development. It is also a fact that
sehool buses d~scharge students along these narrow
roads on a regular s. We be1 i eve the add i t ana 1 t ra f f i c and
congestion g reta~l de elopment in this area would
pose addi ional ards for our school age children. It
s also a h~s fact that S~turdays and Sundays are heavy
days at ets and many ot er retail stores. Most
s who l~ve area are usually home on Saturdays and
and the in the area. The traffic in the area
presence of this proposed retail.
m ch of the traffic generated by the
come fr~m shoppers other than the
Many su.permarkets alone generate more
per week and some have traffic counts as
shoppers a week. Many supermarkets are
seven days a week, or stay open late hours.
that additional traffic ill be ge erated in
hours. The peak hours for many supermarkets
on week day. ~s 5.00 to 7.0 P. when also the residents come
home from wo k e contend the traffic ge rated om proposed
retail develo e t will not be i ited to non-peak hours for
normal traffic i the area. The concern for public safety n the
area of t e posed reta~l development is sue t at the Smyrna
C t 1 appoin ed a citizens c ittee to s udy the ro lem
d e recom endations seve al years ag Two citizens a
tatives of he Smyrna 0 ice e rtm t were appo~nted to
te In s ary e believe the ad iti al oise
by hi h centr t on of automo i es in the proposed
evelop the safety azards gener ted by the
substa ti 1 a t traffic 0 inade uate roads pose
fie t threats e general welfare f the esident who
of e roposed re 0 i e also ask ou to
The ro sed ezoning is not consistent
s 1 d se la or the Cob county 1and
that the proposed rezoni g y we e
property is not contiguo s to a y othe
y efinltion, it does not touch other
t edge or at the boundry. The propert
to rezone is surrounde hy residential
s Ie family elli s. I is 0 r
as confir ed ere onig t at the Smyrna
Board recommended the proposed rezo ing be enied
ery g vote. It is als c e r us t at t e propose
ezoning not eet certa zoning rev ew stand a ds a
inte b t e Stat Code. The proposed rezoning wil no
it a use that is su table i view of t e use and development
of a jacent or nearby property. The z ning proposed will
a ersel ffect t e exis i se a d usea lity of adjac nt and
nearby roperty. I don't i k it any doubt that my house or
Fra hns 's or some of the others rig t al ng there, if you
put a shoppi g ce ter across the street t ill obviously have an
verse impac on that. It is not in conformity with the intent
of C ty r S rna's land se 1a as I previously a resse
e ro sed rez ing would be etrimental to the aesthet cs of
the neral eighborhood. I do . t t ink Bnybod wants t look
out ront do r across the fence a 5 acres, 8 acres, or
sh carts and that t pe t ng, esthetically obv ously it
waul ave a ne ive ct. F r al t e asons I have s ted,
respectfully request hat ou deny the applicant's r uest to
r z ne for a retail development.
ho res des at 159 Oak Forest Drive spo e in
ezoning. r. May r, embers of the Co ncil,
s, I live at 159 Oak Fa est Dive in Smyrna. I
ma e a 1 t lk 0 state a bu c f statistics
apparentl been pte t dazzled by the
e legal n ere The Constitutio of
of erican I four years of my
very Constit tion w s
e purpose of or t is c tr
for t e ri t it prov.i.d s the
r <c> ursuit rovides ror a
c process f country. I
s re tha th cons a present tion
I am ot sure wrang. te a thi g. th re
be a Tot of dogs in thi bef re wi st. that is
I ainst tel do not know f a single
et rmarket Cob C u ty that is not either
fou re la es ghwa other t an orne old ones
built several year ago nd st of them if 0 wll~
ay are on roads that ar being approv for four or mo e
have two, two lane roads s rving t is piece of
Th come together at this poi t, I don't be ieve as
traf c is concerned, I have some e perience with that I
s veral years the r estate department 0 a major oi1
The traf c g nerated by a ajar super arket is
five or six tim stat generated by one of or the
ervice t at u ill locate an ere in th Ci Y of
c structio
near interse
rty
can t get a
p1 ay poke r
developed a11
rtunit
it.
don"t be
win a pok
proposal for
in my power
assist the
action
zoning
Cash
~rans.ctions at those stores have to be
on about 1% net profit maybe 2% but
tha t m eaR is 1 at S 0 f vol ume . I don't
it The county just did a little
ection to improve it just a little. Two
for supermarket areas. The next thing is
by the gentleman before does not touch
it only touches residential property and
t is pretty obvious what the strategy is
population lies to the west of South Co
is to c me down bu ld and cut off the
e~che the other two and one u der
would make three major supermarkets at t e
South Cobb and Concord. The use of this
the owner cannot sell the property, the owner
n. The owner has e1ected to stay t ere and
piece of propert The neighborhood has
him over all the years, he has had many
fair market value for the property and
ed to stay and play poker with it. I
stay nd be a par in ssisting him to
respectfully req~eB that yo deny the
zoning a d I promise you I will do everything
all the people that I ca in that near area to
whatever legal action and wha ever legislative
action we need to take to prevent this type
construction.
I 1 ve down in Concord Village
1ess than a half of mile down Concord
didn't come with any group tonight or
saw the sign down on the corner of the
I had better come down and express to
the property. I am kind of a newcomer to
about e ght years ag I first lived over
gh Sc 001. One of the reasons that I bo ght
live at now was because it was in a nice
area yet rea 1. c 10 se to Smyrna which I really
kind of like the town I grew up in and so I
and I really liked it because it was
si ce I have been 1iving there it has been
I have really watched a lot of growth on
I obviously am not very happy about that but
I can do. When I need to go shopping. when I
or Wino Dixie's and shopping for us is not an
but having this kind of traffic with this kind of
d with this kind of littering and so forth, it is just
not ng that we would need or wou1d :like to have there. So
I just like to sort of an independent citizen that we
don't want it, need it and we feel that it should stay
esidential and we would like to have your approval for that.
Thank you.
Jack Shinall
merits of his
cannot be
go.:ing to look gOQd
based on the merits
that he would just 1 ke to say that the
have to be based on the property itself, it
anyone saying we don't want i.t, it is not
over there, it is residenti.al. It has to be
of the particular case itself.
Mayor Bacon asked
r. Dupree if he had anything else to say.
Mr Dupree about the constitutional
like clarified. Are you saying in your
that GC is the only zoning that would
of property? Mr Dupree stated that this was
dtated that th~s was based on the historical
already explained about the failure of the
nt. And Mr. Patel's experie ce in trying to
for the past two and one-half years t has
The neighborhood shopping catagory, we
frank y thought when we came up ere that it would have een
sat1sractory. Then it was pointed out by the adm1nistrator that
it was not because 1t would limit the slze of the stores which
only leaves general commerc1al. We are not enamoured with the
word gene al commerc1al because 1n ther area general commercial
in ludes a ot of things that these developers e not intested
i putting in and that 1s why he has stated that they are willi g
to sit down with the government nd you professional peop e and
ork out things such as buf ers and uses of the property and so
forth co sis ent wi h good planning.
r Dupree was ask d if he had evi ence support ng Mr . Patel , s
.
lai that he h s rketed it for 0 & I at a fair arket va e
hat he cou esen to this ard tonig t?
pree state hat he could cal Mr . Pate as a tness , if
he ted to go thr ugh that , am basical y stating n my ace
ha he as to d me about the roperty .
r. Du ree ta ed
t pe or r ceedin
disa reed wit h
11 that.
that
s s
s
Judge
ou d be
that is
Brantley recently rule that t ese
adv rsaria and the Supreme Court
why e didn't h ve itnesses and
ade
cons
L e i,c a
t tion.
q estioned
r .
D
ree
abo t
the
la
and
t e
Jac Shinall stated the propose rezoning is in direct opposition
to the rut re lan use la that s a opted ring the period of
ime t at the r erty wa owned by r. Thompson and Patel.
We held blic earings n t t particular and use plan. inv tad
the pub1ic, t s advertised an they were a nounced and neither
one 0 t e two property 0 er's a peared efo e t is body to
xpress t ei dissatisfaction w t the roposed land s plan. Is
th re a pa t cula a s er to that, we e t ey au of town those
times, we had two, y e thre
r.
stat~
he
id
ot kn
r.
meeti
as aske
n e
by Jerry
1 n?
ills why he did not atte d the
r .
atel was swor
in.
Mr. Shi all put forth the questio r. Patel, I will restate
the estion. \f.e ha e public hearing on our proposed 1a use
an rior to adoption. These proposed heari gs to the best of
knowledg wa s he ld dur i ng your owne r shi p or the prope rty. I r
yo we e having trouble selIi t 0 cou not rket
ere you not ere to object to the proposed se of the property?
Mr Pat 1 stated he did not k ow t was presented ec u e he
had been overseas number of t at least four times i the
ast year and one-half.
r. Patel stated hat e d bee overseas quite extensi ely over
the st year an ne- a f. I ad the property under contract
o ce, to sell i to two i divid al buyers. The f rst corn r
acres was der c ntract th Circle K campa y for putting up a
ence store. The back three acres ere under contract for
9 aver massi e apartment lodg type co cept such as you
S ut Cobb. Now I live out ther I didn't prer r having
a d quite gl d i wa dec ined. I was u r
f r out six or se e months under t at contract.
an ave b en nder contract w th Fletc er ig t
prior to Fetcher Br ght Company assi ning or selling
terest 0 Je c So a 1 together f r a out s x or seve
see on
it t
co tr
Si ce
Comp
their i
months.
Mr. P tel was as ed to
int
t
is pro
rty 0
the ma
aIso asked
present
why he
ng.
didn't
want
to develop his
property
Mr. Patel s
efforts done
obtain any
land. He
this as an
Ted Jones had numerous marketing
and apparently he had not been able to
during the Iife of this ownership of this
suggested that we may not be a Ie to arket
by
to
Kathy Jordan if when
develop it hi self?
he
purchased
this
Mr.
I was
time,
be a mis
if I had
it would
had intention to develop a portion of it, yes.
bui 1 din g a n 0 f f ice con d 0 pro j e c t the reo n e
study on my own and I believe that it would
right at Concord and Hurt at that location
us location on South Cobb Drive perhaps
successful, so I dropped the idea.
A question was
be a bad loca
to Mr. Patel by Kathy Jordan of why would that
or a doctor.
Mr. Patel s
from what I
inquiries he
to r et the
I had h
he coul
is not a bad location it is very good but
found out through Ted Jones the number of
apparently the number of efforts he has made
as 0 & I, I couldn't get a good response.
l.ookout for even a tenant so I caul build and
out.
Jack
estate
So you
is that
have tried to
correct? Only
market
one?
it
through
one
real
Mr. pat.l stated yes. only one.
Bob Bete
obviously
When you first
zoning that was
purchased this
on the property.
property
you
r. Patel stated
go to some consultants or other people in
ness to get an opinion on whether or not that
developed at a profit under its existing
wait until you boug t it and then were told
that it was not possible to do. Did you have
before buy ng this property?
At t
the
pr be
zoning you
by this one company
a formal study done
Mr. Patel stated No, I had no formal study done on the property.
Jerry Mills,
use of the
would it
nstead of 0
made by this body is made on the best
would you want to go to GC vs 0 & I
is more dollars to be made off it as GC
matter
or sell
to get
obviously that is
of taki.ng a loss
the prope rty it
out of it.
how
or
is
it translates
not being able
selling it at
to you.
to use
a price
J'.lr. Patel
So it is not a
the property
that you expec
Mr.
0&1
Patel stated
development
he had failed to
on the property.
locate
buyers
to
b
ild
sui
ab
e
at this time he had studied all of the
of this particular rezoning as much as he
e in the room, Mr. Dupree, Jerry and Jack and
ve been around here know this piece of property
spent a good many hours studying the evi ence
e to me talking to various people, and based on
facts I think a motion is n order and I would
tioD that the zo ing of this property be denied
wou~d like to make comments for the record a d I
g as a guide Code Section 150 The ni g Review
we see the There a e certai g idelines or
ill, a 1 t 0 hich have een ta ed
er to ight an some tal ed round. Whether
will be suita Ie in view of t e ad acent
it w 11 01:. The pr perty around there is
has for a 10 g time and as you wi 1
thi s is e g b rhood that is we ty lus
eighbo of stability, i has grow i
ring t at twenty years. Secondly. I think
ou1 fact adversel effecte because
hopp ter bei 4 ho r faciIit a
certa ter our faci t ere w 1 b lights, there il
f 1 traffic, the noise a d air pOllution issue has bee
talked I t.hink that is in fact a gen i e, legitimate
ssue. t ng t at we ave tal ed about is th roadways
there i I will t lk a out fu t er. e've also tal ed
extensively about hether r not th s ty can ha e a
asona econ ic use 0 reas able retur to ts
owner. understand t tt e rice of a what the owner
illi to sell t or and a uye is to pay for i
nd that ete ines the valu f t at think t e t ing
t at ave Ie to ight if th ng else is this
propert can ind keted under present zoning we
have urchas as owed the prope ty for abou two
s and a a s e so d th operty so one man
ide ss e that if he is in the re 1 estate
ss he prof t. But at ny rate I assume the
ete t i matter of what can it be
rofit do ma e. That fr nt
of t s 0 e suppose ly in
s t e square e of that four
re, s nee go ng to be used
e We as ourselves
t e hav impac on
Ther is no
inding and
ere, if you
not
can
at the
There
at it is
of the
if the
heard
nd
and
too w
Standard
criteria
s ecifi 1
or n t this
roperty
t lly residen
i
z
ear
a
a
res
n
our
gi
s a very na ow,
e dy overflowing t
pr b e as t i
I k ow t at of
acci en stat
Concord Road
data t
fect the
irects
t
ile
ro
radi
p a
ing
a n Boa d
cases they referre some t sa
that each of th ma e was t e fact
t with he f ure la se plan of
agency. One f e t ings that al citizens
w over the past fi e r te years and e
g owt n our coun y ads rro ding
trol that a everybody talks
bra gh to ted official
f t ey e way that
la d us adopte r.
6 Smyr a and use plan
hearings t eld on this land
y no part eipation or attend nee
comes time to rezon then
o have orkab e, a via le,
li ert I will pass t is a
f r ple ere intereste
reen circle a
the pro se
this is a
t I ti k
e
e
see ere
rt Roa
ac wards,
e
lf
s
s
s ,
over
e
Drive. You see the b:lue that is :light commercial. It
s, very obvious to me. that when you look at this that
sted 2.o.n1 in direct conflict with this land use
plah. Would t;,hat and then pass it over to him. I
don't think ny question that when you look at that it
almost looks zoning. But more than that, both he Cobb
County and of Smyrna Planni_ng and Zoning Boards very
probably r denial because of that. So I think if we
a land we need to use it, to abide by it. Section
B a.lso as other things. The changing conditions of
a n~ighbor would strong1y support the approval or
oval As I referred to ear:lier. this is not a
cnanging ne Thi s is a stable mature neighborhood of
twenty neighborhood that has grown in monetary
va 1 u e bee n no c h a n g est ha w 0 u 1 din v i t e z 0 n i n g
other than Quite the contrary, there may have been
some creden argument that there wou1d be some changes,
just re you know, the Cobb Coun DOT has de1eted
the Con c or as the y h a v e del e t e d the S p r in g R 0 ad
connector, possibly have come throng there and been
construed as change in the neig borhood. But the fact
of the matte ne~ hbor ood has not changed. It is not in
fact ne~ghborhood that would invite zoning other
than Section 1508 also addresses the architectura1
rhood. It is my un erstanding, I think
in opposition to this did not oppose the
there now. Is that a correct statement? Also
map you see ere, there is a drug store and a
you approach the Concor Ro d corridor. They
are y compatible with the residential homes in this
a big shopping center with a couple of three
wou1d not seem to be architecturally with what
then addres ourselves to whether or not, again
1508, 1508 addresses us t the fact that would
y create a nuisance and I submit that that is a
a~ready addressed the traffic issue whic
nuisance rather than beat some of the same
's ta1k about a couple of other things.
large dumps ers for depositing refuse.
lots of refuse. When I remembe:r working
things, of course this creates the
nts, disease, and we conI go on and on about
what But certainly I think 'that t at could fall
under of being a nuisance. We wou d have to refer t
our for that for certain. As a citizen I would
c nce. We also are addressed by Section 1508 to
whether land area and the proposed use would affect
the area negat~vely. Again, I draw your attention
to the fact very nature of the building itse1f and the
large paved sis ent with what is there. We have
ta ked a the possibilit of sin91e f i1y or multi-
family 0 here that it would be very costly but
neverthe got to ave the same capacity for water run
off e large deve lopment of thi s na t ure. Ag a:i n ,
aving hly researched the ev:idence and the facts
that ha e been presented and having met with the petitioners and
I do appreciate their cooperation with me and their
pre s en tat i on s . I know t hat the y h a v e i vi t e d s 0 m e 0 f you who
w nt u to v it with them. But having researched a 1. of e
evi e ce and everything that I can see, I believe in good
onscience as I sa d that repeat, I would like to ma e a tion
tha we deny the rezo ng.
seconded the motion.
would like to clarify one point of r.
presentation. This wasn't reviewed by the
and Zoning Board this was reviewed by the
Departmen t . The recommen at i on made sure,
Cobb County come down to Smyrna and do
our zo ing
ow traffic
ad tio al
If a y y
hink about
f r us. I woul like to add 0 e more
study that as bee presented to
ca s that ill be adde to the area
ha bee in t at intersectio la e
US ad in 2,600 to that intersection.
t Lng. By t eir
us tonight, the
would 2,625.
I wo Id ate
yor,
ny further quest ons
ade
Lne
icka,
have
of e
a
lso would like to suppo t Be en augh's
a copy of Sectio 5 8 f th City Ordi a ce
I to e co side ed very careful1y his
ance. I wo Id ind v r one that
t at ordi as it r lates to
that va ocument. at we
as a ody. e disagr ed wit e
t erty, b t the rd ance
e oning e sta ards
n the tion of
a Mayo a Cou ci
r e ermination. It
s addresse I thinK
elaq ntly on t in
e t ere are at leas
ca e n tease. d the
adversely affect t e existing
proper I t nk it would.
ed by the zoni 9 proposal has a
as cu re tI I think it does, I
that to the e er the zo 9
in a use coul case an
transport tio
rticula
cilities tha is
en't dressed the
s stem in that
ed t ere.
licy
nor
the zo
ha ce,
general
planne
t is n t
it is re ident a1
etri ent. nder any
s proposed y crea e
ting u es in the area,
e isti g ses which are
o t ropose Be i
p oBed use wou1d
eighborho and othe
Ve y, I thin it wou1d affect
negati l.y. I thi k t e
y va ues ot be enhanced
e d c1i d. So I can at
is
j. n
t
spe
itself
there
seve
excess ve
faci tie
re r s
true.
im ae n
area. Eu
whether the
i te t to t
County's.
r osa1
arc itect
neighbor
us in the area.
nsiti al
ei 00
I
be
ing
ld
r
Vote on the
tic
to
en
c rr ed 7-
Amendmen
to zoning code
chery & Gun Ra ge
J
erson stated that
an gun r nge to
a.l classific tic
arche y and gun ranges
classificati pro ided they
our current
be cst
here is
in the
meet ce
zoning code allows
ucted ithin the
a current desire t
ig t indus rial
ta s eci icat on5~
for an
ge era 1
allow
zon g
Jerr
1 s
stated that
e had reee ved a
etter from Richard
President of W~lson Development Corporation in
requested that Glock, Inc. which sells firearms
put an gun range. But under our gun code it
meet it, so asked if we would go into the LI zoning
it in that particular code. On the recommendation of
will read the code and it will be in the
I make a motion to amend the ord~nance to
n planned industrial parks, arche y and gun
ded they meet all Federal Regulations and
Assoc~ation Standards govern~ng such
d by the City Bu~lding Inspector and F~re
e be included in LX zoning. Jack Shinall
w ich carried 6-0 with Wade Lnenicka
C:ity At
form of a
r. ad : 7 1 4 1
ranges {:indo
the Nationa
activ~ties as
Marshall and
seconded the
abstaining.
(B}
Amendment to
City Charter-c:ivil Service
Mr. Patterson
met w:ith tviayor
streamline the s
The Civl Service
charter. In order
matter needs to
so the mot on
change and a
legal requir
consideration
before they depart
that some time ago the Civil Service Board
an~ Council to d~scuBs ~ssueB that might
t~on process of Police and Fire personnel.
oard is present~ng a modif~cation to the
for you all to consider th:is even~ng8 but this
advertised duly since it s a charter change,
evening would be to allow us to advertise the
it is properly advertised and meets all the
then we would bring it back to you for your
hopefully get t before the ge eral assembly
rom th s curre t session.
Bob
City
wh~ch
motion
Serv.ic
tha t we
Jack
advertise
Shinal
for a change
seconded the
~ n the
motion
(C) Authorize Mayor to sign the EPD Consent Order
Mr. Patte
Resources
into a conse
Station.
mont
that the State Department of Environmental
and spec~fically ~nsists that we enter
them regarding the Belmont Avenue lift
negotiating with them for some several
to a point that we need to enter into this
protect the interests of the City and t ~s
to you for your attention and
reviously. The Georgia Depart,meot of Resources
it somewhat and those modif~cations seem
The C ty Attorney agrees with this.
Wade Lnenicka made a tion to authorize
Drder and submit it w~th a check in the
the EPD. Jack Shinall seconded the motion
Mayor
amount
which
to s~gn Consent
of $1,300.00 to
carried 7-0.
(D}
Rev~sio
of Sign Ordina ce
Mr. Pat that the sign ordinance does not include t e
same fee to the va ian e as some of the other code
section years ago the code was modified to charge a
$250.00fee to present a variance before Mayor and Council for
consideration. This particular code section as overlooked and
now brought baok to you for your consideration this evening ~n
the opes that you will change it to put it in line with the
others.
that paragraph 6-105 as Mr. Pat erson had sai
and the Committee has asked the Council to
paragraph be changed to read that the sign
be two hundred and fifty dollars {$250.00
motion the amendment be approved. Wade
m tion wh c carr ad 7-0.
(E}
a segment of Windy Hill Road.
r. Patterson sta e that this body approved t e renami g
Chero ee Road a d the Cherokee Extens 0 to indy Hill oad
ord r to provide an increase of commerce i that area. There
segmen of road set me ago in t e six points segmen
poin s out to 41 that was ame Windy Hill. It is necessary
to void confusion for s to rename t e s gme t of roa f
poi ts to t i tersection f t e ne horoughfare w t
Hi11 a to rename that bac to Smyrna/Roswell Road as
bee named for a er of yea s, in or er to avoid co
both by th Post Office and ergency Services.
Jerr
Beten
ills made
augh econded
(F
Bid Ope
gs
1)
Fa ks &. Ree
Chi dscape
te Kneppe
Leisure orl
Dominica Rec
i ae e Ree.
Tro tn. orge
Landscapes
delivered
of
in
wa
six
now
s x
Windy
it ad
fusi
a otion to app ve the
tio whie carried 7-0
enaming
Bob
at 0
PIaygr und Eq ipment
no bid
$24,684.63
$2 ,936.00
a. $23,529
b. 2:l,669.00
$24.327.0D
item by item
$20 765.00
$21,672. 0
athy Jor n
thorization
which ca ed
ade 0 ion to turn
to accept :low bid.
7 O.
bids over to
e Lneni cka
Committee
seconde
wit
otion
1 ce
de r
total
Clanc Ford
Airport Ford
Be ry Ford
alt ate bid
epartment/8 Patrol Car
$11,285.00 ea.
$90,28 .00
$ 1,017.00 ea.
$10,922.00 ea.
$11,212.8 ea.
$11,129.00
e e icka made mot n to t rn bids
a 0 ization to acc pt low b d .
arrie 7 0 .
over to Committee with
Bob Davis seconde w i
(G) Request
ckup truc
o solicit bids for Parks & Recreation
For
9
r
F terson stated that t e 1978 Ford
ra e has high mileage and is costinq
keep t in operatin condition.
pickup that we currently
us a substa tial mount
o
t
Bob Betenbaugh
ckup. J ck
made
Shinall
motion
seconded
ids
the
ew
that
we reg est
carried 7-
on
H)
Set
a e to hear appear
f
ec rder's Court Decisi n.
tters n stated that some time ago t ere
an attorney representi g oung ady who
a case nd i as determi ed tha since sh
e c rge t at t er was no app a ig
nciI. Her tt ney now is aski g that
t is body would ear his appeal
enie tion to bri 9 that matter
ave a :let er from our So:licit
r. Chuck Ca ere to nt regar
appears that th is ot a tter to come
appeal situati n.
s an appeal filed
ad lead gu 1ty to
had p:lead gui:lty to
ts before ayor and
an appeal be gra ted
fore you wher e i n
back before the C
an our City Attor
ing that matter, t it
before this body in an
Mr.
Bob Dav s
sta e
rt
at
a gu i 1 t
e tered on
12,
a w
rc
the City of Smyrna Recorder's Court by
S 0 rr 0 W . Over '3 m 0 nth s 1 ate r 0 n
t petitioned the court with a motion
r to withdraw guilty plea. On February 4,
movant's motion. This is an attempt to
denial of the defendant's motion. This is
the original judgment on the guilty plea
ago, but for a motion to t e court to in
a nu the ref 0 r e the j u d g met . I tis sol e 1
iscretion to accept or deny such a motion
Court. Therefore section 8-17 of the code
applicable and I move that the appeal be
seconded t emotion ich carried 7-0.
I)
Request to
it bids for Pu lie Works.
there
hat are
allowing
are three
budgeted
,-,s to go
items that the public
expenditures and we
au for bids on these
1'1r. Wade
enacted
department
needs a bOr
Lnenica
that these are budged items which werB
council in the budget, (1) The street
on a sledge packer (2:) Water department
A water pump is also needed. Wade
we solicit bids on these items. ack
wh ch carried 7-0.
ed that the bids for the fire
ed to Wade Ford for the amount of
equipment be awarded to the low
department
$12,505 85
bidders as
Coats 5<
per
Pants
set
Boots
per paj.r
Hoods
ea.
Gloves
$285.
299.
.68
351.40
NB
$58.99
64.00
B
74.94
64.60
NB
$13.98
18.00
15.95
15.00
19.60
NB
DNMS
NB
NB
$26.70
DNMS
21.80
Wade Lnenicka requesated that vote
separate items. Mayor Bacon agreed to
items. Motion and second were
that the Fire
a total pr ce
After discussion
tion.
Department Staff
of $12,505.85
motion carried
Car be
Kathy
6-1 with
the motion on the protective clothing he
awarded to the low bidder in each catagory
Bob Davis seconded motion which carried 7-0.
on Agreement
Foxcreek Golf Course.
a motion to approve consent
which carried 7-0.
agenda.
Bo
Jac inal1 amended motion so that the renewal of t e contrac
e co ingent on the resolution of the City being provided
adequate cce.. to their fi e acre park proper and that his
ma ter be esalved w t in the next ninety (90 days. Jim Hawkins
seconde ch carried 7-
Bob Davis
received
improved
state that
the lane
illage
arkings
arkwa an
required
spring Road has fin
nd visibil..ity is
lly
uch
vJade Ln
ressed
icka
he
wished Mel.i da Dameron
ssue of a nexation.
a
speed
a1.so
Jerr i1. s sta ed hat ike
nd Zonin Board for so e t
rea point d to t at bard
G ber street he a former Co
school boar me has accepted
1. i boar r.
to he boar
recovery
a
a r Bac n
ecessary.
stated
that
a motio
Washbur has served on the anning
o years and is now unable to be
r R.J McC rry who resides on
ci1.ma f om Smyrna and a f rmer
t e nomin tion to serve on the
il s ade a ot 0 th Mr.
to
suspend
the
rules
as
Jerry Mil. s made
t e previous 0
c rrie 7-
a motion
versat n.
t
suspend th
Ji Hawki s
r es to take
seconded mo
action on
ion whic
ade a tion hat
and zoning board
c rried 7-
r .
for
R.J. McCurr
Ward 3. Ji
be appointed to
Hawkins seconde
moti
J
f
state that he would defe readi 9 the fire report
1988 ti1. next Council. meeting.
ess, meeting a ourne at 1 7 P.