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April 21, 1986 Council Meeting Mayor and Council was held April 21, 1986 as called to order at 7:30 o'clock p.m. by n. All Council members were present except Also present was Attorney Charles E. Camp, City Clerk Will Spivey and representatives Pastor o:f Tillman Methodist Church, :followed o:f Mayor Bacon, Jim Hawkins Civil Service Board to :fill seconded the motion which :f o:f:fice to Mr. Byrge. made a motion the unexpired carried 6-0. given :from Finance & Communi ty Development Administration, Fire and Emergency Manage- on Nickajack Road :from R-20 to Light Industry. Nicholas Souris had sted rezoning of' the annexed at the 1 7th meeting and at continued until tonight. There was a large in :from both sides were sworn in by Mr. Camp. said this rty is continguous to Light by Southern R with R-20 zoning to the Mr. Souris has met with the Nickajack/Floyd agreed to provide an acceleration/deceleration up signs ing right hand turns out ad. Mr. Dav elt the highest and ight Industry a letter to council to the 16.73 he was not opposed that Mr. Lansdale who submitted the letter iginal owner o:f this property be:fore selling Souris. his and wanted to construct a build aluminum truck bodies. weeks on tractor/trailer trailer and pickup truck. :for the business since railroad tracks. Mr. Souris said he e any materials stored outside. Mr. Souris iliza tion o:f remainder o:f the property; his busin s and remaining inside the enhance the community rather than harm representing the Floyd/Nickajack Homeowners eti tion with over 600 names in opposition several subdivisions of'f' Nickajack Road. would decrease their property values and :felt industrial use without adding to the industrial so concerned about trucks and heavy equipment would not use Nickajack Road. Ms. Rawlins said property remain a beauti:fully landscaped residential osi tion and stated a LI zoning was totally ing residential areas. Also, the topography and expenesive to develop as industrial Cooper Lake Roads are not adequate :for industrial with automobile tra:f:fic. and spoke in opposition. Mr. Long that lived within 1,000 :feet o:f the April 21, 1986 - Continued proposed development. Mr. Long said the increase in tra:f:fic would be extremely dangerous to the people living there. A:fter :further discussion, Hugh Ragan made a motion the zoning be denied :for the :following reasons: 1) Cobb County hired a consultant to study the subj ect area and their report suggested that water lines are insu:f:ficient :for property :fire protection :for industrial use; 2) sewer lines also were judged to be in- su:f:ficient :for industrial use; 3) the consultant stated the Cobb DOT is very concerned with narrow roads and sharp curves on Cooper Lake and Nickaj ack Roads; 4) heavy trucks which will be used to deliver materials will present road hazards; 5) since Mr. Souris' property does not :front on Cooper Lake Road, he will be :forced to enter and exit :from Nickaj ack Road, which will :further magni:fy the sa:fety hazard o:f having large trucks on narrow roads with sharp curves; 6) :final alignment o:f the :final portion o:f the East/West Connector which lies south o:f Concord Road has not been determined yet. I:f Mr. Souris plans to use this road to reach his property it seems at best, well into the :future. Jim Hawkins seconded the motion which carried 6-0. (B) Rezoning request 0.52 acres at 1073 and 1083 Concord Road :from Future Commercial and Limited Commercial to Neighborhood Shopping. John Patterson said that Arthur Crowe was representing Central-Glenn in this request which was tabled at the last meeting. Two lots will be merged together and consist o:f approximately 22,645 square :feet. Property to the north is Future Commercial; property to the east is Limited Commercial; to the south and west is General Comercial. This request was denied by council on July 16, 198L> , but the Planning and Zoning Board has recommended the zoning be approved at this time with certain stipulations. There was no opposition and Mr. Crowe said the applicant plans to build a small shopping center. There has been some questions about the rear line setback but they have been told several times by the City zoning department that a 30 :foot setback would be required. Since the last meeting they have met with Mr. Patterson and Mike Hutchinson and it is now apparent that a 50 :foot setback will be required. There:fore, a variance will be required on the rear line to accommodate the development. Jim Hawkins said that Mr. Newton had been told by two di:f:ferent city employees that a 30 :foot setback would be required and he purchased the property under this assumption. The ordinance, however, requires a 50 :foo.t setback but Jim said he thought it was un:fair at this time, to hold him to a 50 :foot setback requirement when he had been told di:f:ferently on several occasions. Jim Hawkins made a motion the rezoning be approved with the :following stipulations: 1) that Mr. Newton be allowed to develop the property using a 30 :foot setback line on the rear; 2) only one entrance on Hollis Street at the rear o:f the building; 3) tha t an 8 :foot masonry wall be cons tructed as a bu:f:fer at the back property line, which abuts residential property, not containing exposed concrete block. Jerry Mills seconded the motion which carried 6-0. (STIPULATION #3 AMENDED - SEE MINUTES OF 4/18/88) (C) Rezoning request - 1247 Concord Road :from R-15 to Limited Commercial. John Patterson said this parcel contains approximately 11,150 square :feet, and is su:f:ficient :for Limited Commercial. To the north o:f the property is R-15, to the east is Limited Commercial and to the south is Limited Commercial and to the west is R-15. There was no opposition and the Planning and Zoning Board had recommended the zoning be approved. Mrs. Sam Gilleland said they were proposing to have a :furniture show wi th no retail sales. The existing building will be painted and adequate parking provided. With little discussion, Jim Hawkins made a motion the be approved. Jack Shinall seconded the motion which carried 6-0. room, paved zoning (D & E) Rezoning request - 0.86 acres at 3366 Atlanta Road :from General Commercial to RM-12. Joel Harrell said this was continued :from the last meeting and due to the recent submi ttal o:f additional in:formation, made a motion the rezoning and variance be t to the May 5th meeting. Bob Davis seconded the motion which carried 6-0. A Williams spoke in opposition to the zoning and variance postponement. (F) Rezoning 7.57 acres at Campbell & Spring Road :from Future Commercial to General Comercial. Continued this rezoning have not been received and the May 19th meeting. Jerry Mills seconded yard setback. at 2796 Carol ve was requesting a reduction a utility bui can remain in his rear yard. Mr. Cox to store pool supplies and yard tools. rs on either side were submitted and neither was no opposition and with little discussion iance be approved. Joel Harrell seconded the to extend construction hours at the Oaks weekd on Saturday :from lO: 00 was no and Jack Shinall made Ragan sec the motion which carried (I) Variance request - side yard setback at 981 Pinedale Drive. orge Curtis o:f 981 Pinedale Drive had added about 6.5 :feet :from the east property line. wall about l4 :feet to the rear o:f the house tter f"rom the adjoining property owner stating opposi tion e audience and Jim Hawkins oved. Joel seconded the motion which 7.62 acres on Concord Road. annexation by Rem B. Bennett as f"ollows: tute sixty percent %) of" the owners o:f the described below, ich is unincorporated and hereby apply e said area annexed into ons o:f the Co Georgia Annotated, Sections Acts 1966, Pages 409, 410, 411, 412, 4l3; said property to be annexed being described All that tract or of" land 2nd lying and being Section of" Cobb in Land County, Lots 339. 340, 381 Georgia, being more he east right o:f way of" Concord Road (being a pin being located 220z f"eet south of" the inter- way o:f Concord Road and the north land lot orth 31 degrees 05 minutes 00 seconds east a south 51 degrees 27 minutes 02 seconds east h 48 degrees 21 minutes 33 seconds east south 19 degrees 10 minutes 53 seconds east north 67 degrees 00 minutes 52 seconds west north 71 degrees 35 minutes 23 seconds west south 83 degrees 52 minutes 35 seconds west north 07 degrees 16 minutes 36 seconds east north 73 degrees 23 minutes 24 seconds west north 30 49 minutes 19 seconds east north 66 minutes 18 seconds west pin at of" BEGINNING, said tract SET THEIR HANDS AND SEALS, THE CITY OF SMYRNA. AND THEREBY April 21, 1986 - Continued Witness the signature of' the record title holders o:f the f'ee simple title, or his legal representative, o:f 60% of' the land area above described by acreage: s/REM B. BENNETT, JR., PRESIDENT, TISTA CONSTRUCTION CO., INC. Hugh Ragan made a motion the signature be validated and the pUblic hearing set ?or June 2, 1986. Jim Hawkins seconded the motion which carried 6-0. (B) Validation or signatures to annex 93 acres on Cooper Lake Road. Attorney Camp read the application signed by Roy Daniell, to annex 93 acres on Cooper Lake Road into the City. vile the undersigned, who constitute sixty percent (60%) or the electors resident in the area described below and who constitute sixty percent (60%) of' the owners of" the land area by ac.reage o:f the area described below, which is unincorporated and contiguous to the City of" Smyrna, hereby apply to have said area annexed into the City or Smyrna under the provisions o:f the Code of' Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, l012; said property to be annexed being described as rollows, to wi.t: All that tract or parcel o:f land lying and being in Land 674 and 695 o:f the l7th District, 2nd Section, Cobb County, more partiCUlarly described as :follows: Lots 624, Georgia, 625, and 673, being BEGINNING at an iron pin at the corner common to Land Lots 673, 674, 695 and 696, and running thence east along the north line of' Land Lot 695 a distance o:f 172.5 ?eet to the northwesterly side o:f Cooper Lake Drive; thence southwesterly along said road 203.7 :feet to the west line o:f Land Lot 695; thence continuing southwesterly along the northwesterly side of" said road 1239 f'eet to an iron pin; thence west 271.3 :feet to an iron pin on the west line o:f Land Lot 674; thence along said land lot line north 0 degrees 15 minutes east 844.l :feet to the northwest corner of' Land Lot 674; thence along the south line o:f Land Lot 624 south 89 degrees 00 minutes west l345 f'eet to an iron pin; thence north 814 :feet to the southeasterly side o:f Ridge Road; thence northeasterly along the southeasterly side or said road 1940 :feet to an iron pin; thence south 925 :feet to the north line o:f said Land Lot 624; thence eas.t along said land lot line 872 f"eet to an iron pin; thence south 664 :feet to an iron pin on the south side o:f Lee Road Extension; thence east along the south side of' said road 457 reet to the east line o:f Land Lot 673; thence south along said land lot line 656 :feet to the point o:f BEGINNING, as shown on survey made f'or Roy L. Daniell by Wade T. Poston, Registered Pro:fessional Land Surveyor, dated October 13, 1967. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. AND THEREBY Witness the signature of' 60% o? the below: s/ROY L. DANIELL, MR. & MRS. RUTH CLAYTON, JR. & MRS. COATUS DAVIS electors JOEY R. resident in DAVIS, MR. & the MRS. area described STEVE TAYLOR, Witness the signature o:f the or his legal representative, o:f s/ROY L. DANIELL record title holders 60% o:f the land area o:f the ree simple title, above described by acreage: Joel Harrell made a motion the signatures be validated and the public hearing date set :for June 2, 1986. Jerry Mills seconded the motion which carried 6-0. BID AWARDS: (A) John Patterson said that only one bid was received :for the purchase or an Outdoor Warning Siren :for the Emergency Management Department :from Harolds Sales and Service at $3,960. This was the same bid price that we paid last year :for this equipment. Bob Davis made a motion the bid be awarded to Harolds Sales & Service, Inc. Jim Hawkins seconded the motion which carried 6-0. (B) John Patterson said the 955 Cat loader in Public Works needs replacing and is beyond reasonable repair, as is the lowboy and tractor. It needs to be replaced with a similar piece of' equipment and bids were secured f'rom three companies on a John Deere 955B track loader with a 9300 backhoe attachment. Continued 955B track loader with 9300 backhoe attachment Metrac at $70,300, being the low bidder. Jack Patterson stated sealed bids have been received the highest bid being $26,000 and this piece before purchasing the new one. A:fter discussion awn. Joel Harrell then made a motion the 1973 plus and sold to the high bidder :for $26,000 awarded to Metrac :for the 955B track loader, er, with the net cost o:f $1+4,300 to be f'rom the seconded the motion which carried 6-0. Cumberland Ret Ii ty at 4 made a mot Department, which carried Services requested a building permi t f'or an addition rings Road at a total estimated cost of $2,300,000. permit be approved subject to approval of' the Marshal and City Engineer. Joel Harrell seconded 6-0. Building Belmont made a motion Department and quested a building permit :for a hool at a total estimated permit be approved subject to Fire Marshal. Jack Shinall seconded mobile classroom cost of' $28,000. approval o:f the the motion which (C) at Jerry Mills Fire Marshal carried 6-0. Management Resources Jewelers made a and In Inc. requested a building permit :for remodeling ter Mall at a total estimated cost o:f $34,000. e permit be approved subject to approval o:f the Department. Bob Davis seconded the motion which (D) Neal-Loia requested a Park Drive, Suite 170, at a mot the permi t be Insp Department. Ja ding permit :for interior :finish at 2401 1 estimated cost of' $17,000. Bob Davis subj ect to approval o:f the Fire IVlarshal 1 seconded the motion which carried 6-0. Lake made and (E) Tolar Construction rkway at a be Department. J'ack requested a building permit for tenant f'inish total estimated cost of $140,000. Hugh Ragan subject to approval of' the Fire Marshal and seconded the motion which carried 6-0. at 5100 made a Inspec- tions building permit for remodeling at 1005 Cherokee o:f $8,100. Jack Shinall made a motion the permit of' the Fire Marshal and Inspections Department. which carried 6-0. (A) King Springs and Concord Road traf:fic signal allocation o:f :funds. Jim Hawkins made a the motion which carri the consent agenda be approved. Jerry Mills seconded ssed appreciation to the various civic organizations who particip- il City Spring Festival on Saturday, April 19th.