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September 2/8 1986 Council Meeting September 2. 1986 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on September 2. 1986. 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 Clerk Willouise Spivey. City Attorney Charles E. Camp. Assistant City Clerk Melinda Dameron and representatives of the press. Invocation was given by Jim Hawkins. followed by the pledge to the flag. DEPARTMENT REPORTS: Reports were given by the Public Works Department. Clean City Committee, Library and Parks and Recreation Department. PUBLIC HEARINGS: (A) Annexation of 2.1 acres at 652 and 662 Concord Road. There was no opposition from the audience and Jim Hawkins made a motion that 2.1 acres in Land Lot 381 located at 652 and 662 Concord Road be annexed into the City to become a part of Ward 4. the legal description having been read and made a part of the minutes of the August 4, 1986 meeting. Jack Shinall seconded the motion which carried 7-0. (B) Annexation of property at intersection of South Cobb Drive and Oakdale Road. John Patterson said that Opal W. Jones has requested annexation of property in Land Lot 752 at the intersection of South Cobb Drive and Oakdale Road. Five people raised their hand in opposition and representatives from both sides were sworn in by Mr. Camp. Zach Pressley said he was representing his mother who owns property adjoining this tract. Mr. Pressley said his mothers property and 3 other residential lots abut Mrs. Jones property and the homeowners were asking that the annexation and zoning tonight be delayed so that they might be the opportunity of combining their property with Mrs. Jones' for tion and rezoning. Mr. Pressley asked why council was annexing just a strip along South Cobb Drive and not the whole block. Hugh Ragan stated that Mrs. Jones had requested annexation of her property and council did not generally annex property against the will of the owners. Hugh Ragan made a motion the property be annexed into the City to become a part of Ward 7. the legal description having been read and made a part of the minutes of the August 5. 1986 meeting. Jim Hawkins seconded the motion which carried 7-0. (C) Rezoning request for property at Oakdale Road and South Cobb Drive from R-20 to General Commercial. John Patterson stated that Mr. Oliver Wright of Wright & Associates is requesting that this parcel be rezoned from R-20 to General Commercial. The property will be subdivided into 3 lots, with two lots being developed for Wendy's and Kentucky Fried Chicken. Adjacent property to the north. east and south is zoned R-20 with General Commercial to the west. The Planning and Zoning Board recommended the zoning be approved. A representative for the opposition was sworn in with Mr. Wright. Mr. Wright said this property is across South Cobb Drive from the Kenwood Plaza Shopping Center under construction and they feel this is an ideal commercial site because of the existing traffic on South Cobb. One curb cut will be used on South Cobb to feed both restaurants and they are also proposing one curb cut on Oakdale Road. Mr. Wright said he had no immediate plans for development of the remainder of the property. Charles Mann. a resident of Oakdale Road said he would like to have this zoning delayed so that the neighbors could meet and possibly get the entire block zoned at one time. They were concerned that the surrounding commercial development would ruin their homes and would prefer to sellout. Zach Pressley also said they were surrounded by commercial developments have the entire block zoned at one time. worried about their homes being and would prefer to be annexed and September 2, 1986 - continued Jerry Mills said he would be happy to meet with the adjoiningprQperty owners tomorrow or tonight after the meeting to discuss the annexation of their Property, but did not think the zoning tonight could hurt them. Attorney Camp also assured them that if the zoning is approved tOnight and their property remains residential. the City has buffer requirements which must be met by the developer to protect them. After further discussion. Hugh Ragan made a motion the zoning be approved with the following stipulations: 1) One curb cut on South Cobb Drive 2) The 3 parcels remain undeveloped until plans are sub- mitted to the City. 3) One curb cut on Oakdale Road. Joel Harrell seconded the motion which carried 7-0. (D) Rezoning request of property at Commercial to General Commercial. 725 Cherokee Road from Future John Patterson said that Mr. James Stringer has requested the rezoning of this p<;l.rc~l to build a jewelry sales and firearm repair store. bymo4ifying the ~xisting house with a slight increase in size. Variances will also be required to reduce the setbacks on the rear. east and west side and also to reduce the minimum lot size. Th~ Planning and Zoning Board recommended the zoning be denied. There was no opposition from the audience. Mr. Stringer said his plans now are to construct a new building on the lot rather than use the existing building and they just recently signed a contract on the adjoining prop~rty at 735 Cherokee Road to e~p<;l.n4 the lot size. Mr. Stringer said it would be at least 6 months before he co41d close on this property to be able to do anything with it and he wou14 like to have this zoning approved tonight so that he could start building. KathY Brooks said she had a problem with the zoning and vari<;l.nces because the ~xisting lot is only 12.000 square feet and the ordinancex;equires 20,000. Also, the rear yard setback will place his business within 10 feet of the residential property to the rear which is entirely too~lo:s~ and would ruin the value of the property. Kathy suggested that Mr. Stringer purchase the additional prop~rty and combine the two lots a new construction and then come back to council for zoning on the tract. Mr. Stringer said he had to act on his contract before of the month and had every intention of combining the two lots to ordinance requirements. The adjacent property owners have agreed to the variances and he would like to be able to get started right away on construction. After further discussion Kathy Brooks made a motion the rezoning be seconded by Jack Shinall. Mr. Camp said that council could month waiting period and reconsider the zoning application additional property was purchased and the lots combined. Vote on to deny carried 7-0. (E) The request for three variances at 725 Cherokee Road was not heard due to the zoning denial. (F) Rezoning request Office/Institutional. at 3050 Atlanta Road from 15 to John Patterson said that Loui:s S. Belinfante as owner rezoning of 3050 Atlanta Road :fQr psychiatric offices. The will be modified to facilitate the offices. This property.is all sides by R-15. The Planning and Zoning Board had class~fication of Limited Commercial rather than O&I. opposition from the audience. house on the was no Bob F;lournoy represented the applicant and said if the zoning W<;l.s i:l.ppJ::'oved. the house would be sold to Drs. Braziel and Lochridge fOJ::'<;l.family psychiatric facility. They especially like the atmosphere of the. house and th~ residential surroundings. and this is an ideal location.si.q(;~ they practice at Brawners and Ridgeview. They originally applied for Ql>::I.but now felt that Limited Commercial would be more appropriate. withcertain stipulations. The adj acent property owners are in favor of the offi.ce being located there because the hours will provide them mQre privacy than they September 2, 1986 - continued would have if the house was inhabitated. Joel Harrell asked Drs. Braziel and Lochridge if they would be willing to limit their hours to 5 days per week. Dr. Braziel said they had been in practice for 3 years and had never been to their office on weekends but must have that option in case an emergency should arise. After further discussion. Joel Harrell made a motion the property be rezoned to Limited Commercial with the following stipulations: Subject property located at 3050 Atlanta Road be rezoned from R-15 residential to Limited Commercial only for the use of offices of health service practitioners and other professi.onal offices as covered under Section 709.6 paragraphs (1) and (2) on pages 1738 and 1739 of the zoning code of the City .of Smyrna enacted December 10. 1973 and as amended and printed in 1986, and as agreed by applicant. It is further stipulated that the following additional restrictions shall apply: 1) The existing residential structure shall be maintained on the property without exterior additions or alterations which would change the physical appearance or residential facade of the existing structure and no new building shall be constructed on said property. 2) All parking shall be to the rear of the existing structure, with parking area fully paved and adequate parking spaces provided as spelled out in the city ordinances; 3) Hours of operation for the proposed office shall be limited to 9:00 a.m. to 7:00 p.m. 4) One unlighted sign of maximum size of 2 feet high by 4 feet long will be allowed on the Atlanta Road frontage of the subject property in order to identify the office location. The sign shall be made of materials that will be compatible with the surrounding area. Jim Hawkins seconded the motion which carried 7-0. (G) Variance request to reduce side yard setback at 3050 Atlanta Road. John Patterson said that Drs. Braziel and Lochridge were requesting a reduction in the required side yard setback from 50 feet to 22 feet. The existing house will be somewhat modified to accommodate the offices but will not be moved. City code requires a 50 foot setback where commercial abuts residential property and in this case the existing setback is only 22 feet. There was no opposition. Joel Harrell asked Dr. Braziel if he had any problem with placing a 6 foot wooden fence along the p rty line. Dr. Braziel said he did not. but would prefer a dense shru ry-type buffer. Mr. Reed, the adjoining property owner also stated he would prefer greenery instead of a fence. With little discussion Joel Harrell made a motion the variance be approved with the stipulation that either a solid 6 foot fence or some other means of screening be placed along the property line to screen the house and parki lot from the adjacent residential property. Bob Davis seconded the mot ich carried 7-0. FORMAL BUSINESS: Nothing to report. BID AWARD: (A) Cherokee Road Extension utility relocation. Joel Harrell said there were still some questions about the utility relocation that were unanswered. and made a motion the bid award be tabled to a special called meeting to be held Monday. September 8th at 7:30 p.m. Jack Shinall seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: None to report. CONSENT AGENDA: Jim Hawkins made a motion the minutes of August 4 and 18 be approved as submitted. Hugh Ragan seconded the motion which carried 7-0. INPUT: Jack Shinall said he would have a Community Development tee meeting September 10th to discuss home occupation licenss. alcoholic beverage sales and the Architectural Review Committee. September 2. 1986 - continued Jack Shinall sa.id he had recently heard of quite a few cases of vandalism and u~ged citizens to report any type of vandalism to the Police Department because that is the only way to stop it. Joel Harrell said the Cobb Water Authority has lessened the restrictions on outdoor water use to allow watering 7 days a week on the odd/even system. but still no watering between 4:00 and 9:00 p.m. Jim Hawkins said we are moving forward with renovation of the annex building for a city court room. With no further business, meeting adjourned at 9:15 p.m. ******************** September 8. 1986 A special called meeting of Mayor and Council was held September 8. 1986 at Smy~na City Hall. The meeting was called to order at 7:30 p.m. by presiding officer Mayor A. Max Bacon. All council members were present e~cept for Jack Shinall. Also present was City Attorney Charles E. Camp. City Administrator John Patterson. Assistant City Clerk Melinda Dameron. The purpose for this meeting was to award the bid for the relocation of utilities for the extension of Cherokee Road. John Patterson said that due to the extension and previous signed agreement T~ansportation. the City is required to construction of the extension. Bids were received as follows: construction of the Cherokee Road with the G~o~gia Department of relocate the utilities for the requested with three being J. E. Lovern Construction Steinhauer, Inc. Unity Construction $286.982.75 $342.145.00 $399.882.00 The appar~nt low bidder for the job was J. E. Lovern and after the bids were tabulated was found to be the actual low bidder. J. E. Lovern and his grandson David were also present. Joel Harrell told Mr. Lovern that the reason for the special called meeting was to discuss some concerns that had come up at Apparently there was some mi;!i;und~xstanding about the Phase I of the sewer rehab work that Mr. Lovern did and sure this did not happen again. Joel said they wanted to Lovern had reviewed and understood the specifications differences could be settled now. Mr. Lovern said he did specifications and could not foresee any problems to be Mr. any the Mr. Lovern said he did not know the time frame for const~uctionbecause there seemed to be a lot of confusion at the pre-construction meeting with the State. Mr. Lovern said he was doing a job at Fort McPherson and should be through the end of this week and then would be ready to start. Joel Harrell made a motion the contract be awarded Construction for $286.982.75 because of the long standing have had in the past. Joel told Mr. Lovern that he had done the Past and council looked forWard to him continuing that contract will be paid from the Improvements and Extension Fund. seconded the motion which carried 6-0. With no further business. meeting adjourned. ********************