Loading...
December 8/15 ,1986 Council Meeting December 8. 1986 The regu Charter officer City Atto City Clerk led mee g of Mayor and Council was held pursuant to the 8. 1 The meeting was called to order by presiding Bacon. All council members were present. Also present was rles E. Camp, City Administrator John Patterson. Assistant Dameron and representatives of the press. given by Bishop Jack Beals from the Church of Jesus Christ of , Smyrna Ward. followed by the pledge to the flag. Sherry Reavis and Doris Morris were both out sick and Vie the Public Works DeOpartment. PUBLIC HEARINGS: (A) Rezoning request for 1502 Whitfield Street from R-15 to RTD. John Patterson said requesting this 2.035 property surround across on Whitf agreed to make. acceptance of the that Bill Davis with Northwest Corridor Properties is eel be rezoned to residential townhouses. The on 11 sides is R-15 with the City park directly t. re are several improvements that Mr. Davis has This z ng will come under Section 1201 which allows for the development given the plat plan being accepted by council. There was no opposition. Mr. Davis said they were proposing to build 14 fee simple townhomes consisting of 7 buildings. The size of the units will be ely 1360 squa feet of heated floor space. exterior brick and wood ng at approximately $76,900. In addition. they are ng to ements to North Avenue by curbing one side, building a cul-de-sac, widen e street to 24 feet and installing 2 street lights. also build an 8" water line from the existing tap that comes through to the un a 6" water line down North Avenue. They will many 0 arge hardwood trees on North Avenue as possible . be 2 bedroom 1/2 bath units. Mr. Davis said they are currently lease/purchases. Their ultimate plan is to sell the units but they would rve the option to either lease or lease/purchase in the meantime. bers 1 expressed their concern about the lease/purchase inall reason council considered the plan is because they were under the impression that the units would be owner/occupied because it desire to maint the neighborhood as residential. rather than rties. Jerry asked Mr. Davis if he would agree to a stipulation to sell each unit and he said he would. Mr. Camp stated he did not believe that would be a valid stipulation. After f r discussion Jerry Mills made a motion that this property be rezoned under Section 1201 of the zoning ordinance which also provides that this zoning is conditioned upon it being built as submitted. This will. in affect, also be the granting of a variance in the front lot width along North Avenue from 50 feet to 29 and 30 feet on Lots 2 thorough 11 as shown on the plats submitted. Jack Shinall said he was not comfortable with the zoning tonight and council had not been able to talk about it as much as he would like. Jack Shinall made a motion the zoning be tabled to the next meeting for further review. Bob Davis seconded the motion to table which carried 7-0. (B) t at 1540 Whitfield Street from R-15 to RD. Duplexes. Jerry Mills made Shinall seconded the mo this rezoning be tabled to the next meeting. Jack on which carried 7-0. (C) Variance request to reduce front yard setback at 1246 Concord Road. Patterson said that setback of 50 feet structure whi a new 2 story b James R. Nichols is requesting the required front be reduced to 32 feet at 1246 Concord Road. The s only 5 feet from the property line will be torn building constructed. There was no opposition. Mr. Nichols said ncord and he be a only 5 feet from the property perty in question is at the corner of Hunter Street Iding would be compatible with the two other on Concord. Although a variance is required ement to the lot since the existing building is line. December 8. 1986 - continued With l~ttle discussion. Jim Ha""kins.ffiade a motion the variance be approved as request~d. Kathy Brooks seconded the motion. After discussion. Jim Hawkins amended the motion to state.that:>noparking or driveways would bea''l:lowed in the front of the structure and that it be landscaped. Jack Shinall seconded the amendment. Vote on the amendment and main motion carried 7-0. (D) Variance request to reduce rear and side setback on Atlanta Road. John Patterson said that Robert S. Jordan and Claude E. Sessions are requesting several variances for development of this property on At:l~nta Road next to Paces Ferry North Townhomes. This variance came before council on November 3rd and November 17th and again this evening. There was no opposition. said they wre ~s~ipg or 3 variances tonight; 1) tore.duce the area of 40.000 squ~refeet to 37,026 feet; 2) to reduce. the rear from the required 30 feet to 20 feet and 3) to reduce the side residential proP~rt.y from the required 50 feet to. 25 feet. They to build a 10.800sql.lare foot building for speculative l~asing. s~id they have owped this lot for approximately 3 yearsapd have alternatives for development but this plan se~sto be more felt it would be an improvement to the property as it now Mr. Sessions required lot yard setback yard are Mr. feas exists. Joel Harrell said this was the last piece consisting of 5 acres. containing .85 acres. of the overall larger tract said all the adjacentaffe..c:ted property owners had had expressed anyoutril?;bt opposition. They adjacent to the townhoIll~M"and the elevation is such affected by the develoP'me:nt..From the19wer level of see any of the industrial development. They have conver~~t.ions .withthese peoplean4 ... .bave told tbem we would work any W'aypossibl~ .and I think tbey hav.e realized that because of there will not be the problem they anticipated. Mr. as~ed if these variapC:rswere approved if he would said be certainlYho'ped not because it was their bl.lilding as presented tonight. a mot. ion thefp'll.Owi-ng variances begrantedfor..tJle subject Atlanta Road adjacent to Paces Ferry North Townhom~s: 1) Reduce minimum lot area from 40.000 to 37,026 square feet. 2) to the minimUm setback west side of the property from 50 feet 3) from tbe minimum rear feet to 20 feet. setback on the north side of the property These variances are subject to the following stipulations: 1) No Ol.ltside storage of materials shall be allowed on the subj 2) Acc~leration/deceleration larte shall be installed across the along Atlanta Road. This acceleration/deceleration lane shall existing acceleration/deceleratiort lanes for Cumberland Vail North Townhomes. Sidewalks will be installed from the crosswalk Road to tie into the sidewalk at Paces Ferry North Townbomes. 3) The exi-sting entrance shall foot access easement as shown request. be closed and relocated to the.existing 25 on the site plan attached to this variance 4) The from the material soutb building wall and a minimum of 20 feet of the west building wall southwest corner of the proposed building shall be faced with a other than typical metal siding. This alternate material sball cover a mini-mum of 50% of these walls. the acclale.:t:".9.t:Lon/deceleration lane andtb~proposed subj ect pa:t:"s.el shall be landscaped. The landsc:ape plan subject to approval of the City of Smyrna. December 8. 1986 - continued seconded the motion. Jim Hawkins said he would not support the restrictions on the property were there, and the purchaser those wh e bought it. Also. the reason the property is ry now is cause it was zoned as an origianl 5 acre tract been a lot that does not meet requirements for tion. ion carried 5-2. with Jim Hawkins and Jack st for pouring license agent change - Casa Gallardo Mexican rson said holder manager Ann Woods has made application to act as agent rito Restaurant, Inc., d/b/a Casa Gallardo. Ms. the police investigation was ravorable. Chuck Camp stated t it instead of a abide by such ordi if she would so understood and ord responsible for the license. stion #23 of the application had a check mark by answer. Mr. Camp asked Ms. Woods if she agreed to s and regulations as stated in that question and the answer was yes. Ms. Woods said she also the City and also knew that she would be With little discussion. Hawkins seconded the motion b Davis made a motion the license be approved. Jim ich carried 7-0. (F) Request for pouring license - agent change - Red Lobster Restaurant. John Patterson said that Danny L. Adams had made application to act as agent and license holder for Red Lobster at 2579 Cobb Parkway. Mr. Adams is the area supervisor for Red Lobster and the police investigation was ravorable. Mr. Adams s d he was ith our ordinances and understood that he would be re i for the Although this location is not under his direct su sor he is a re of Cobb County and that is why he was named agent. With little discussion. Bob Davis made a motion the license be approved. Joel Harrell seconded the motion which carried 7-0. (G) Request for pouring license - agent change - Papa's Bar and Restaurant. Randall Dean Harris had made application to act as Pa 's Bar and Restaurant at 2401 Lake Park Drive. t and Manager or Food Sales. The police Mr. Harris said he had read and understood our d be responsible for the license. With little discussion. Bob Davis made a motion the license be approved. Jim Hawkins seconded the motion which carried 7-0. (H) Annexation of .532 acres on Spring Street in Land Lot 631. There was no Spring Street description having 1986. Kathy Brooks sec Mills made a motion the .532 acres at 1666 City to become a part of Ward 3. the legal part of the minutes of November 3. which carried 7-0. (I) Annexation of 55 acres on South Cobb Drive @ Camp Highlands Road in Land Lots 619. 620, 677. 678, 692 and 691. There was no op currently under a part of of the minutes motion which carried ition and Hugh Ragan made a motion the 55 acre tract ruction by Post Properties be annexed into the City to Ward 7. the legal description having been read and made a of the November 17.1986 meeting. Jack Shinall seconded the 7-0. FORMAL BUSINESS: of signatures to annex approximately 2.5 acres at 725 Cooper said he had use of this pro meeting. Jack Shinall had the opportunity to meet with the applicant and made a motion the application be tabled to econded the motion which carried 7-0. December 8. 1986 - continued (B) to Clean City Commission. Jerry Mills said that after careful consideration for this was one Person that alwaYS9am~ tomi~d because she was willi~g to help the City in anyway she. could. She will be Board because of her feelings for the City. Jerry made a Griggs of 1085 Fleming Street be appointed to the Clean City Shinall seconded the motion. there and to the Lynn . Jack Hugh job his you the City Ragan said Lynn Griggs is a fine lady and always had done a tremendous on anything she has undertaken but she does not live in Mr. Mills ward and feeling was that if . Y9U start venturing out of YOtJ.rW"".r<i. then a dangerous pre5e<ient. Hugh said he felt l'1aY9ri7h9uld be to have control over appointing people thro1J.gJ:1out the council member was elected to represent a certain district. Kathy Wards separates a said she would suppgrt the motion becatJ.se Fleming 5 and :felt that.. we.s close enough and thought ward. special consideration should be made. divides a street Vote on the motion carried 4-3. with Hugh Ragan. Bob Davis and opposed. Harrell (C) Appointment to Planning and Zoning Board - Ward 7. Hugh Rage~ made Zoning Board to carried 7-0. a motion that John Heaton be reappointed to the P'lp.~ning and represent Ward 7. Jack Shinall seconded the motion which (D) to Smyrna Housing Autbority - Ward 7. made a motion that Jol1.nlIic~s be appointed to Ward 7 to fill ithetJ..I).eepired term of Martha serving on the Board these past few years. which carried 7-0. (A) Petroleum products. seconded the been . Lance that S. A. . Joel . A. White. 7-0. vendors :for A. White bidder. motion June 30. John COMMERCIAL BUILDING PERMITS: (A) John Dickson requested a building shopp:i~g center on Concord Road @ Lamar $lqO,OQO. Jim FJ:awk:Lnsmade a motiontl1.e permit of the Community Development Committee of motion which carried 4-3. with Jerry Mills. opposed. CONSENT AGENDA: (A) No Perking signs Cedar Cliff D-rive>(from Ridge Road) (B) No parking signs on Shawnee Trail (from Cedar Valley Drive) made a motion the consent agenda be motion which carried 7-0. Hawkins COUNCIL INPUT: Joel Harrell gave an update on the sewer rehabilitation and said they were about 47% complete on Phase II. an opportunity to visit the Griffin program which was sponsored by Pizza to educate ouryO'ltthiflbout drug presentati9n at 1578 .00 each. Jack Shinall said the Community Development Committee had met and discussed December 8. 1986 - continued the proposed Architectural Review al problems in establishing d nitive architectural zones. Committee. Jack said they have run into the committee because we do not have Jack Shinall also said the Just Say No Program is excellent and it is carried out through all the middle schools. ted everyone to drop by Centennial Park to see some of the been delivered from the area schools. first Tour of Homes was yesterday and was very successful. were printed and they were all sold and proceeds are for a Max Bacon meeting in there. Max within the young people said San said City. about council just returned from the National Congress of Cities Antonio and drug abuse was the single biggest issue discussed he hoped that we could implement some type of drug program Max said he thought it was very important to educate our drug abuse. With no further business. meeting adjourned at 9:00 p.m. ******************** December 15. 1986 The regular scheduled meeting of Mayor and Council was held December 15. 1986 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Administrator John Patterson. City Attorney Charles E. Camp. Assistant City Clerk Melinda Dameron and representatives of the press. Invocation was given by David Roberts, Associate Pastor of Welcome All Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Nothing to report. presented a ng Authority crystal jonquil to Martha Akin for serving on the for 5 years and expressed his appreciation for the fine job. ns stated he also had a presentation for Jack Strickland. outgoing the Planning and Zoning Board but Mr. Strickland had not yet arrived delay the presentation to later in the meeting. TS: John Patterson made stated the reward conviction in the ar Emergeny Management and a report from the Fire Department for Chief Williams p to $16.000 for information leading to arrest November 20-21. Reports were also given from Community Development departments. ~d and the PUBLIC HEARINGS: ( Townhouse request at 1502 Whitfield Street from R-15 to Residential rict. John Patterson said that Bill Davis with Northwest Corridor Properties is requesting that this 2.035 acre parcel be rezoned to RTD for development of 14 townhouses in duplex fashion. Jerry Mills stated that since the last meeting there were several questions that had come up that were still unanswered and made a motion this rezoning be tabled again to the next meeting. Jim Hawkins seconded the motion which carried 7-0. (B) 522 ng req Road f 06. 2090. 2070. 2080 and 2060 Oak Drive - 5211 and ntial to General Commercial. John Patterson said these homes were annexed into the City recently and the hoped to unify themselves and present a planned development for sale r property to a good developer. The Planning and Zoning Board ded the zoning be approved and there was no opposition from the December 15. 1986 - continued Hugh :Ragan said he was sorry Chester could not behereto-n:Lght to repres~-nt the homeowners but was no opposition. mad~ amption the property be rezoned to General Commercial with the provision thatth~existing structures will not be used for cOmmercial purposes and the lots will not be used for commerc:Lal purposes until such time as they are combined.toim~et the minimum General Commercial standards of our zoning ordinance. Joel Harrell seconded the motion which carried 7-0. (C) Variance request Lake Drive. front yard setback requirement at 3890 West Cooper John Patterson said that Buell Johns is requesting a variance on th~required front Ya".t:d width at 3890 West Cooper Lake Drive from the required 100 feet to 90 fe~t.. The variance is necessary because the topography of the lot would not provide sufficient slope for t.he sanitary sewer easement at the 100 foot setback and moving the house forward reduced the lot width due to the curvature of the road. There was no opposition from the audience. Mr. Johns said the house is completed now and the surveyor discovered the encroachment when they were preparing for closing on the property. Mr. Johns said he was>under the impression that he was only requ:Lred to comply with the side building lines and did not realize there was arest.riction on the front buildingl.ine. Hugh Ragan said council had expressed some concerns about the soil compaction on this lot and Mr. Johns said this house is on a good solid foundation; in fact the house has a basement which they had to dig out. The two adjacent lots could not be developed without a compaction test. Hugh Ragan made a motion the be approved subJect to a $'150.00 fine for the. encroachment. Kathy Brooks seconded the motion which carried 7-0. (D) Rezoning request at 1540 Whitfield Street from R-15 to RD. Jerry Mills made a motion the rezoning be tabled to the next meeting. Joel Harrell seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Amendment to Home Occupation ordinance. John Patt.ersonsaid that last month.. the moratorium on home occupation licenses was extended to give council additional time to study amendments to the code to provide stricter enforcement. Jack Shinall said the ordinance <Ul1endment is not complete but the moratorium be lifted with thest}pulations that no home be granted until the adoption of the new ordinance which will be second meeting in January. Further> any new application will be new fees set. We will, after the new fees are set and after the adopted. allow them to withdraw t.h~:Lr application if necessary. Kathy Brooks secondedth~lllotion. Jack said that be accepted prior to adoption of the ordinance but they will Vote on the motion carried 7-0. (B) Appointment to Planning and Zoning Board - Ward 4. Jim Hawkins made a motion that T01UlJlyCheatham of 1040 Manor Driv~beappointed to the Planning and Zoning Board for a two year term. replacing Jack Strickland. Jerry Mills seconded the motion which carried 7-0. (C) Validation of signatures to 5 acres at 725 Cooper Lake Ro~d. Attorney Camp read an application Walston as follows: annexation into the City by James A. We the undersigned, who constit.utesixty percent (60%) of the owners of the land area by acreage of the ar~;:'l.d.escribed below, which is un:LncOrpCt".t:ated and contiguous to the City of Smyrna..h~r~py apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, through 69-912 (Georg:La Laws. Acts 1966, Paes 409,410. 411, 399; 1976. Pages 1011..1012; said property to be annexed being follows, to wit: All that tract or parcel of land lying and being in Land Lot 389 of the 17th December 15. 1986 - continued District. 2nd Section. Cobb County. Lots 13. 14, Block 2. Coopers Lake and tract to rear (as per plat prepared by Eston Pensley. Registered Surveyor for James Albert Walston dated April 13,1973. Begin at the line of northeastern nor of corner of Land Lot 389 and proceed west along south distance of 78 feet to an iron pin located on the Old Southern Railroad right of way; proceed thence stern side of said Old right of way a distance Lake Road to an iron pin; running thence right of way a distance of 197 feet to an iron ly along Old Dam Site a distance of 225 feet to northwesterly a distance of 160 feet to an iron sterly direction a distance of 151 feet to an southeasterly a distance of 73 feet to an iron pin r of way line of Osman Drive, running thence a distance of 97 feet to an iron pin; running line a distance of 75.5 feet; crossing Cooper a nail cap in said road located a distance of edge of pavement; running thence in a southerly a distance of 390 feet to the point of beginning. nor pin; an pin; iron pin; located on the southeasterly along thence southeasterly Lake Road to a point 2.4 feet from the east direction along Land Lot 389 WHEREFORE. THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS. AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of the record title holders of the fee simple title. or his legal representative. of 60% of the land area above described by acreage: s/JAMES A. WALSTON Hugh Ragan made a motion the signature be validated and the public hearing date set for January 5. 1987. Kathy Brooks seconded the motion which carried 7- O. BID AWARDS: Nothing to report. COMMERCIAL BUILDING PERMITS: Nothing to report. CONSENT AGENDA: (A) Approval of lease and agreement with Cobb County Board of Education (Rose Garden Park). (B) A al of agreement with Cobb County Board of Education (Wills High School er Education Facility). (C) Approval of November minutes (D) counsel affiliation (E) se 305 tons crusher run from Council Contingency John Patterson removed from be approved which carried said the November minutes were not completed and should be the Consent Agenda. Hugh Ragan made a motion the Consent Agenda with the exception of item (C). Kathy Brooks seconded the motion 7-0. COUNCIL INPUT: Jack Shinall said he has received quite a few complaints about the sanitation department recently and said they are trying to locate where the problems lie and will get them straightened out as soon as possible. Jerry Mills asked Jim Belk for an update on the sewer rehabilitation. Jim Belk said the recent rain has caused a considerable delay in their progress but they hoped to get their problem areas under control before Christmas. The entire project is approximately 55% complete but they have used 70% of their schedule for completion. The Mayor and Council wished everyone a safe and happy holiday season. With no further business. meeting adjourned at 8:11 p.m. ******************** December 15. 1986 - continued WILLOUISE C. SPIVEY. CITY CLERK JACK SHINALL. WARD 5 CITY CLERK I, , do solemnly swear that I will we City Clerk of the City of Smyrna for the ensuing term, that I will faithfully enforce the Charter and Ordinances of said City to the best of my ability, without fear or favor, and in all my actions as CITY CLERK act as I believe for the best interest of the said City. So help me God. (Seal) Subscribed and sworn to before me this 5th day of January, 1987.