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January 23, 1984 Council Meeting January 23, 1984 egular scheduled meeting of Mayor and Council was held January 23, 1984 at Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding Mayor Arthur T. Bacon. All Counc:il members were presen"c. Also present Clerk Willouise Spivey, City Attorney Charles E. Camp, Pol:ice Chief R. e, Acting Fire Chief Hubert Cochran, Assistant Public Works Director Vic les, Parks and Recreation Director Sherry Reavis, Assistant 'City Clerk lYIelinda Building Inspector Larry Dunn, Civil Defense Deputy Director Dick 0' Hara, Librarian Doris Morris and representatives of the press. Invocation was given by Councilman Jim Tolleson, followed by the pledge to the flag. There were no citizens reports. ntation: Bill Bristow of the Smyrna Lions preserlted her with a plaque and check for of Smyrna Employee of the Quarter. Club recognized Constance Causey $25.00 for being named the City Rezon"in Gene Anderson requested rezoning of 4.113 acres on Concord Road at oad from O&I to Neighborhood Shopping. Representing Mr. Anderson was Dick Boyer, Arthur Brannen and Mitchell Brannen. Pete Wood represented a large group audience in opposition, and was sworn in with the representatives of the tioner. Arthur Brannen stated in their original application they had requested General Commercial but it was turned down by the Planning and Zoning Board and now requesting a reduction. to Neighborhood Shopping. Mr. Brannen said they talked with several of the neighborhood people and also Mr. Ragan. Their plans to build a small retail shopping center, similar to one they just completed Marietta, with a turn of the century architectural design. Mr. Brannen said they would be willing to use 30 foot buffers to protec't the homes facing the pro- perty. Bacon asked about the ou't parcel on of their property and they would lopment at a later date. the plat. Mr. like to use said that a bank or was a other Brannen it for Pete Wood spoke and said the residents in the area have been opposing rezonings on this property for the last 13 years. At one time, the cour'ts ordered that the property be rezoned other than residential, and they preferred the existing O&I to Neighborhood Shopping. Last April, Mr. Combs had the adjacent property rezoned for townhomes and at that time he stated he had the ent:ire acreage under contract and his zon:Lng was with several stipulations. Mr. Brannen stated that Mr. Ruff actually 0 property but it is under contract. Mr. Wood said y any stipulations made in conjunction with a rezoning would not be tive and the homeowners were only interested in protecting their homes from rcial development. After further discussion, Hugh Ragan made a motion the rezoning be denied for the following reasons, l. Our existing land use pattern shows that this prope:r>ty should be strictly residential. The zoning requested will create an isolated zoning district, unrelated to adjacent district. 3. The streets in front of this property will not handle any more traffic. 4. We have had some problem with tbe sewer lines :Ln the area and are currerttly undergoing a sewer study to determine how many problems we do have. 5. Nothing has changed since this proeprty was last considered for rezoning in 1983. 6. The proposed rezoning will adversely affect and influence living cond:itions in the neighborhood. The proposed change will drastically affect property values in the area, and 1 decrease the value of adjacent property. 8. The proposed change will adversely affect the continued property we zoned last year lying to the rear of the sUbject the sUbject property was originally a part of, by depressing townhomes being constructed and thereby decreasing the value the area. development of the property and which the value of the of other homes in 9. By granting the zoning change, you would grant a individuals detrimental to the welfare and safety of area. special all the privilege to other owners a :in few the lO. There is no evidence or substantial reasons why the property cannot be used in accordance with its existing zoning. ll. suggested is out as by the fact that the have substantial difficulty neighborhood. of scale with the needs of the neighborhood, nearest neighborhood shopping zoned properties maintaining a viable bus:iness, from the l2. The change proposed is in no way consistent wi.th the comprehensive plan of the City and in fact detracts grossly from the plan. 13. The proposed zoning change is detrimental to public health, safety and welfare of our city and proper use of the property in keeping with this area. our interest denial will :in not promoting the prevent more Max Bacon seconded the motion which carried 7-0. annexation of been read and no oppo;:;i tion a part of Ward Ryan's Family Steak House, Concord Road @ Lamar Circle requested property in Land Lots 380 and 38l, the legal description having made a part of the December 19, 1983 counc:il meeting. There was and Jim Hawkins made a motiotl the property be annexed to become 4. James Williams seconded the motion wh:ich crried 7-0. Trito1l, Inc. requested annexation of property in Land Lots 753 & 75 on South Cobb Drive at I-285, the legal desription having been read and made a part of the minutes of the December 19, 1983 meeting. There was no opposition and Hugh Ragan made a motion the property be annexed, to become a part of Ward 7. Jack Shinall seconded the motion which carried 7-0. J. L. Conine requested rezoning of the Triton, Inc. property just Residential to General Commercial. Jerry Huie with Waffle House and Jerry Jackson with Cardinal Industries represented the petitioner. There was no opposition. Mr. Huie said this property, totaling 3.67 acres would be developed for a Waffle House and K1lights Inn Motel. The common entrance for both would be from Jack Shinall asked about setbacks and Mr. Huie said this property abuts only OIle other property :in the City of Smyrna on the western side. The owner, ]VIr. Hayes, has written a l,etter saying he has no obj ection to them building within 10 feet of his proper'ty line. They would also need a variance to allow a reduction to 7 feet from the required lO feet and the building line from 50 feet to l2 feet along Mr. Hayes property. The other variance for setbacks is alOng the property line from 285 that adj oins Wilson Baptist Church. However, they are trying to dissolve the church and i1lvolved in a court case now, so they cannot officially oppose or recommend the variance. The church is located approximately 400 to 500 feet this property and Mr. Jackson said the motel woul.d not have any fac:ilities and would not serve alcoholic beverages. After Bacon discuss:ion, Hugh Ragan made a motion the rezoni11g be approved. Max the motion which carried 7-0. Triton, Inc. requested variances on the property just rezoned as 1 . Rear (8 feet yard of the motel property reduct:ion overhang where applicable). to l2 feet from face of building 2. Building line reduction adjoining residential property :in C:ity to 1,2 feet and buffer reduction to 7 feet. 3. Waffle House high rise business sign on I-285 he:ight increase to 75 feet and size increase to 176 square feet. 4. Knights Inn h:igh rise sign on I-285 height :increase to 90 feet and s:ize 272 square feet. 5. Knights Inn entrance sign on South Cobb size increase to l40 square feet. Jack Shinall asked if they would agree to never use these signs as billboard type signs and Mr. Huie said the Department of Transportation would never allow them to do so. There was no OPPOSl tion, and Hugh Ragan made a motion the variances be approved as requested. Jim Hawkins seconded the motion which carried 7-0. Stanford Troup requested rezoning of property in Land Lo.t 349, Pat @ Old Concord Road from R-30 .to RTD-lO. Paul Chasta:in represented the applicant and stated this property consists of 2.3 acres and would be an extension of his existing development. When completed there will be 35 units on a little over 4 acres with one entrance and exit from Pat Mell Road. Mr. Chastain stated they met all requirements on setbacks and would not need any variances. There was no opposition and Kathy Brooks made a motion the property be rezoned as requested. Jim Hawkins seconded the motion which carried 7-0. Attorney Camp read an application for annexation by Rose Garden Hills Subdivision as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident in the area described below and who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which :is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-9l2 (Georgia Laws, Acts 1966, Pages 409, 4l0, 4ll, 412, 4l3; 1971, 399; 19'76, Pages lOll, 10l2; said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and being in Land Lots 665, 664, 705 and '704 of the 17th District, 2nd Section, Cobb County, Georgia and being more part:i- cularly described as follows: BEGINNING at a point on the southeasterly right of way of Turpin Road located llO feet northeasterly as measured along the southeasterly right of way of Turpin Road from its intersection with Knoll Road; thence southeasterly l26 f'eet to an iron pin; thence southwesterly along the northerly line of Unit 3, Rose Garden Hills Subdivision a distance of 280 feet to an iron pin; thence southwesterly 291 feet to an iron pin; continuing southwesterly l09 feet to the southwesterly right of way of Terri Myers Drive; running thence northwesterly along the southwesterly right of way of Terri Myers Drive and following the curvature thereof to its intersection with Teasley Drive; thence across Teasley Drive 60 feet to its northwest right of way; thence north l2 degrees 23 minutes 22 seconds east 32 feet to an iron pin; thence northwesterly 135.12 feet to an iron pin; thence north 23 degrees II minutes 33 seconds east ll8.42 feet to an iron pin; thence south 89 degrees 40 minutes 31 seconds west 201.03 feet to an iron pi., at the common corners of Land Lots 664, 665, 632 and 633; thence north along the west land lot line of Land Lot 664 a distance of 150 feet to an iron pin; thence southeasterly 2l8.3 feet to an iron pin; thence northeasterly 395 feet to an iron pin on the northeasterly right of way of Argo Drive; thence northeasterly a distance of 62'7 feet to an iron pin at the southwesterly intersection of Gordon Circle and Knoll Road; thence southeasterly to the southeasterly intersect:ion of Gordon Circle and Knoll Road; thence southeasterly along the southwesterly right of way of Gordon Circle a dista!,ce of 140 feet to an iron pin; thence southerly a distance of' 100 feet to an iron pin; thence southeasterly l45 feet to an iron pin; thence southwesterly a distance of 152 feet to an iron pin; thence southeasterly 156 feet to an iron pin and the point of BEGINNING. Also, all that tract or parcel of land lying and being in Land Lot 705 of the 17th District, 2nd Section, Cobb County, Georgia and being Rose Garden Hills Subdivision Unit 4, Lots 2 through 6 of' Block E; Lots 7 through l6 Block G; Lots 15-A, 15-B and l5-C; and Lots 20 through 25 Block H; and including all roadways or drives bordering thereon as per plat of survey recorded in Plat Book l2, Page 37, records of Cobb County, Georgia. Also, all that tract or parcel of land lying and being in Land Lots 665 and 704 of the l7th District, 2nd Section, Cobb County, Georgia and being Rose Garden Hills Subdivision, Unit 3 Lots II through l5 Block E; and Lots 7 through II Block D; together with all roads or right of' ways border:ing thereon as per plat of survey thereon recorded in Plat Book ll, Page l3l, records of Cobb County, Georgia. Also, that tract or parcel of l",nd lying and being in Land Lots 705 and 664 of the 17th District, 2nd Section, Cobb County, Georgia and being Rose Garden Hills Subdivision Unit 2, including Lots l7 through 2l Block G, Lo'ts 1 through II BlockH; Lots 26 through 30 Block H; Lots 1 through 8 Block J; Lots 17 through 24 Block F; Lots I through 12 Block I; together with all roads or right of ways bordering thereon as per plat of Survey thereof recorded jn Plat Book ll, Page 1l5, records of Cobb County, Georgia. Also, all that tract or parcel of l7th District, 2nd Section, Cobb described as follows: land lying and County, Georgia being and in Land Lot 704 of the being more particularly BEGINNING at an iron pin on the westerly right of way of Old Pasadena Boulevard located llO feet southerly along Old Pasadena Boulevard from its intersection with the southerly right of way of Turpin Road; rur:ming thence westerly along the southerly lot lines of lots 4, 5 and 6, Block E, Rose Garden Hills Subdivision, Unit 4 a distance of 235 feet to an iron pin on the easterly boundary of Rose Garden Hills Subdi visj.on Un:i t 3; thence southerly along the easterly bOundary of Rose Garden Hills Subdivision Unit 3 a d:istance of 37l feet to the northerly right of way of Pasadena Boulevard; thence easterly and northeasterly along the northerlY and northwesterly right of way of Pasadena Boulevard a distance of l50 feet more or less to Old Pasadena Bqulevard; thence northerly along the westerly right of way of Old Pasadena Boulevard a distance of 314 feet more or less to an iron pin and the point of BEGINNING. Also, all that tract or parcel of land lying and being in Land Lot 633 of the l7th District, 2nd Section, Cobb County, Georgia and being lots numbers 2, 3, 4, 5, 7, 8, 9, lO, ll, l2 and l3 of the subdivis:ion of property of Mrs. V. A. as per plat thereof by Paul Hensley, Surveyor, dated July, 1940 and Plat Book 4, Page l02, records of Cobb County, Georgia. Also, an un-numbered lot 50 feet x l50 feet abutting the north side of lot #2, Mrs. V. A Bolsius property, being described as beginning at the northeasterly corner of said lot #2; thence northerly along Davenport Street a dista11ce of 50 feet; thence westerly l50 feet; thence southerly 50 feet to the north line of lot #2; thence easterly along the north line of lot #2 a distance of l50 feet to Davenport Street and the point of BEGINNING. WHEREFORE, THE UNDERSIGNED HEREUN'!'O SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of 60% of the electors resident arid/or record title holders of the fee simple title, or his :Legal representative of 60% of the :L",nd area above described by acreage: s/THOMAS K. EVANS, JR., JOHN C. HEARST, SOPHIA ISABELLA & WILLARD KING, CHARLES w. MORRIS & MARY A. MORRIS, J. E. BARNSWELL, CHARLIE F. BROWN, FOREST BEDFORD, JR., & EMMA LOU SELLARS, MARION F. LIVESEY & D. LIVSEY, MORDECAI ETCHISON & NANCY LEE ETCHISON, THOMAS E. STARR, FLOYD M. HUITT, JOEL SADLER, JR. & JANIE L. SADLER, ROBERT L. CHILDS & MARGIE CHILDS, MATTIE L. CLOWERS, AGNES MC CORD & FRANK MC CORD, yOUNG, E. P. YORPP & LUCY M. YORPP, L. C. MALONE MALONE, MRS. GEORGIA ROY HARDIN & EVELyN HARDIN, ROXIE BEATRICE JAMES, DOCK SNELSON, JOHN B. ROBINSON & CARRIE ROBINSON, r.rOlYIMY L. ANDREWS & DOROTHY. A. ANDREWS, JACKIE HOGAN & MARY HOGAN, MRS. LIZZIE K. WARNER, MARY LEE ANDER$ON, JOE L. BROWN & CAROLYN L. BB:OWN, WILLIAM SCRUTC.HINS, FB:EDERICK D. WILLIAMS & BETTY J. WILLIAMS, MRS. INEZE WALLACE BROOKS, EDDIE & ELIZABETH WITCHER, ROBERT E. MAYES & FRANCES MAYES, TROY MOSS, JAMES W. , LOIS FIELDS, MS. MILDRED F. LUSTER, ANNIE F. SUMMEROUR & ARTHUR EVANS, , ROSIE C. MALONE, CHARLES D. WRIGHT & CHRISTINE E. WRIGH'I', SUMMIE JORDAN & JORDAN, MATTHEW EVANS, HENRY WALTON, JR. & EMMA JANE MRS. HAMP .TEwELL & JOHN P. JEWELL, WILLIE L. WILLIAMS, JR. & LUNORA L. WILI"IAMS, RICHARD K. HOKE & MARY HOKE, ANNIE BELLE & RALPH EVANS, JIMMY L. THORNTON & ELOISE THORNTON, LAKIE J. JONES & JONES, JOHN R. MILTON & LIZZIE MILTON, FRANK FOREMAN DOROTHY E. FOREMAN, LEE USHER & CATHERINE USHER, LOUIS ARNOLD & ARNOL,D, GEORGE CONLEY & ANNIE L. CONLEY, MARY M. KENNEDY, FLORENCE E. HARRIS & DEBORAH L. HARRIS, .I AMESON, GLADYS WOODY, JENNIE JEWELL, WILLIAM J. BLOUNT, A. C. CAMPBELL MRS. ROSETTA M. CAMPBELL, CHARLIE F. BROWN, MR. & W. D. & PAULEEN BROWN, L. C. MALONE, LUCIUS C. MAI"ONE, ANNIE MALONE, RIVING & EDITH HANEY, MATTIE L. & AMZIE K. EZZARD, SUCLEMAR BRYANT, JAMES WEATHERS James wi,l.liams made a motion the signatures be validated and the public hearing set fo:rF!':>oruary 20, 1984. Max Bacon seconded the motion which carried 7-0. Fred Shope reques'ted a variance for an addition to his business opposition and Jim Tolleson made a motion seconded the motion which carried 7-0. the front setback from 50 l680 Spring Road. There variance be approved. Jim feet to on at the was no Hawkins Variance: Charles Durbin to relocate their existing tion at the other end of Shinall made a motion the which carried 7-0. represented A&P Food Store in their variance request sign at Belmont Hills Shopping Center to the new loca- the Shopping center. There was no opposition and Jack variance be approved. Jim HaWkins seconded the mot:ion Variance: Clifford Goldberg represented Television Entertainment Network in their request to vary from the 35 foot height limitation to install a 35 foot antenna on top of a building at Sundance at Cumberland Apartments. Mr. Goldberg said his company is out of Washington with a region office in Atlanta, and his headquarters now at Interstate North. They are a private cable television company, taking signals that come from satellites, picking them up in a dish and re-transmitting to their customers. There was some discussion about the franchise agreement the City has with Smyrna Cable TV and Mr. Goldberg said the franchise gives Smyrna Cable the right to use the public right of ways or easements for their equipment; however, they did not use any right of ways or easements. Jim Tolleson asked Mr. Camp if this would be an infringement with our contract with Smyrna Cable TV and Mr. Camp said he could not answer that tonight. Jim Tolleson said council represents the citizens and through the cable TV franchise, we benefit the citizens through the taxes they pay. He personally felt it would create a detriment to the revenues we receive from our franchise agreement. Mr. Goldberg said their system was already installed, but they need to be up about 85 feet from ground level with the antenna and the 35 foot antenna on top of build- ing lO, which is the highest, would be sufficient. Mayor Bacon asked why they did not use the 100 foot tower that is already there. Mr. Goldberg said there was a question of ownership which is now being investigated. It appears the tower may have been abandoned and they have offered to take it down since it is an eyesore and a dangerous nuisance. Jim Hawkins said he would like to be sure the company has a business l:icense :in the City and if this would affect our franchise. After further discussion, Jim Tolleson made a motion the variance be tabled to the next meeting until some of these questions could be resolved. Jim Hawkins seconded the motion wh:ich carried 7-0. tor Larry Commercial building permits were presented by Inspec- recommendation, the fOllowing approved: l) Ideal Steel requested a permit for construction of a batch plant at 3080 Corn Road at a total estimated cost of $35,000. A representative said this would be a mixer, and enclosed to be poll.ution free. Jack Shinall made a motion the permit be approved subject to approval of the Fire Marshal and City Engineer. Kathy Brooks seconded the motion which carried 7-0. 2) Ridgeway Development requested a permit for construction of a ing on Lake Park Drive at a total estimated cost of $4,000,000. a motion the permit be approved subject to approval of the City Marshal. Jack Shinall seconded the motion which carried 7-0. new office build- Jim Tolleson made Engineer and Fire 3) Gary Martin requested a permit for Auto Service Center, 2849 South Cobb Drive at a total estimated cost of $230,000. Jack Shinall made a motion the permit be approved subject to approval of the City Engineer and Fire Marshal. Max Bacon seconded the motion which carried 7-0. 4) Akin, Flanders & Rowe requested abuilding permit to renovate a portion of 3315 South Cobb Drive for tenant space at a total estimated cost of $18,000. Jim Hawkins made a motion the permit be approved subject to approval of the City Engin- eer and Fire Marshal. James Williams seconded the motion which carried 7-0. 5) R. S. Michael Company requested a permit for renovation at a total estimated cost of $12,000. Jim Tolleson made a approved subj ect to approval of the City Engineer and Fi:pe seconded the motion which carried 7-0. at 1948 Cobb Parkway motion the permit be Marshal. Jim Hawk:ins Privilege and wine Road. Richard Brackett requested a 1:icense for Cumberland Crossing transfer Package of the liquor, beer Store, 2768 Hargrove License: package Jan.uary 23, 1984 Continued There was no oppo$ition and Mayor able. Kathy Brooks made a motion 'the motion which carried 7-0'. Bacon stated the police the license be approved. Jim was favor- seconded Wanza requested a business license Spring Road. said he was a commercial and wanted to use one room of his home for His work consists of designs and illustrations for ads. Jim said he had always been home licenses in that area and had fought to maintain the area. Mr. Tolleson. said he voted for a license for someone across the street from Mr. only because he own.ed the home. Mr. Wanza said he had spoke to the owners he was occupying and they had no obj ections. Mr. Tolleson said he some of the names on his petition and Mr. Wanza said the petition by our License Department and was told these were the people he should Charles Camp asked lVIr. Wanza if he was a booking agent, and the answer was contact was no. After further discussion, Jim Tolleson made a motion the to the meeting until he cou:td obtain all the necessary Max Bacon seconded the motion which carried 7-0. application names on the be tabled petition. Jack office tion and leasing 7-0'. approval for the use of two temporary on Lake Park Drive. James Williams made a trailers be approved. Max Bacon seconded the trailers at his new motion the construc- motion which carried Michael Glover requested approval to use a sales/construc.tion trailer tree Subdivision on Matthews Street. James Williams made a motion be approved for approximately l2 months. Jim Hawkins seconded the carried 7-0'. for Pepper- the trailer motion wh:ich to the carried 7-0. Board James Williams represent:ing Ward 3. made Jim a motion that Donald Hawkins seconded the Jack Shinall made a motion that and Zoning Board representing Ward 7-0. Billie Stephens be reappointed to the Planning 5. Jim Hawkins seconded the motion which carried Jack Shinall read a proposed amendment to the Zoning as follows: of prior to the date Applications for review or recommendation by the of the City of Smyrna may be cont:inued or the Commissio:n, for due cause, not later than 3 of hearing thereon. only and with days Jack February made a motion the amendment be advertised for a pUblic hearing on 1984. Jim Hawkins seCOnded the motion which carried 7-0'. Frank with the Communj.ty Development Block Grant Program said the County Comm:issioners had been approached by the Cobb Services for the Elind about purchas- ing the Mitchell Building on Atla~").ta Road. They need enough lUoneY to make the down paYlUent and feel they can meet the payments through their funding. Cobb had agreed to give them $l5,GGO through their portion C.D.B.G. grant :if the City of Smyrna would give~' $10,000 from their Mr. Newton sa:id of th:is mon",y would qual ify under the Also, City of Smyrna has $19,0'00 surplus from what Woodland sewer line. Mayor Baco~"). said he felt we could SUbject to the County giving $l5.000 and the Cobb Services for proof will be able to meet payments. Mr. Newton said a the building. The Department of Human source and it would probably be 45 to 60 days could for the the mo~").ey, showing also place be their any f'unds After our portion City of' val of the seconded the di$Gussion, Jim Tolleson made a motion $10,000 of the C.D.B.G. grant to a second mortgage the county $l5,000 for their of Human Resources and Federal motion which crried 6-l, with Max Bacon be allocated from made to the 'Under apprO- James Williams 4 - Continued rts: (Streets) Jim Tolleson asked everyone to have their prior:i ty to Public Works by this Friday. (Parks) Jack Shinall made a motion the rules be suspended to place a motion on the floor. Max Bacon seconded the motion which carried 7-0. Jack Shi11all made a motion bids be requested for a heavy duty trailer for Parks ground maintenance, which is budgeted. Max Bacon seconded the motion which carried 7-0. Sherry Reav:is said the Optimist Club had donated a live Christmas tree to the City, and it has already been planted. (Library) Doris Morris reported on l:ibrary activities. Kathy Brooks said she enjoyed the Athens retreat this past weekend and felt much more comfortable than before, and it was a learning experience for everyone. Mayor Bacon and he felt bers. said the retreat gave everyone would be able everyone a better understanding of each other to see more cooperation among the council mem- Atlanta Road Wideni11g: Mayor Bacon said he would like to have approval to sign the agreement with the Department of Transportation for widening Atlanta Road. It will not cost any more than $20,000 to relocate the utilities and the State thinks it will be even less than that. Mayor Bacon said before the agreement was returned, we would add a stipulation that the right of ways be taken from the east side only. Jim Tolleson made a motion the rules be suspended to make a motion. Max Bacon seconded the motion which carried 7-0. Max Bacon made a motion the Mayor Department of Transportation. Hugh O. be authorized to Ragan seconded the 7- sign the agreement with the motion which carried Mayor Bacon said he had also talked to the county and State about the Cherokee Road extension and he thought that would come to pass fairly soon. With no further business, meeting adjourned at 9:10 p.m. 1