June 6/20, 1983 Council Meeting
June 6, 1983
The regular scheduled meeting of Mayor and Council was held pursuant to the Charter
on June 6, 1983 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock
p.m. by presiding officer Mayor Arthur T. Bacon. All council members were present
except Elber't Coalson. Also present was City Attorney Charles E. Camp, City Clerk
Willouise Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran,
Public Works Director Jim David, Parks & Recreation Director Sherry Reavis, Assis-
tant City Clerk Melinda Hiatt, Civil Defense Director Jim Farley, Librarian Doris
Morris, Building Inspector Larry Dunn and representatives of the press.
on recognized members of Boy Scout Troop 732 with Alan Katz, Scout Leader.
n was given by Jim Hawkins followed by the pledge to the flag led by Boy
Scout Troop 732.
Mayor Bacon stated that Elbert Coalson's wife had undergone surgery late this after-
noon and wished her a speedy recovery.
There were no citizen reports.
Rezoning: Billy Askea, Jimmy Freeman and L. Gause requested rezoning of 33.075
acres in Land Lots 600, 601 and 625 from R-20 to RM-12. Mr. Arthur Crowe, attorney,
represented the applicants and was sworn in by Attorney Camp along with Joel Harrell
and Roger Geibel representing the opposition. There were about 50 people in the
audience in opposition to the rezoning.
Mr. Crowe spoke first and said this was a classic example of a corning together
of a single family residential area and a high density commercial. The best way
to do this is a progression of high density commercial to an insti tut ional use
to medium density residential to low density residential, which is what they are
proposing. Mr. Crowe said these three men are solid citizens of the community and
have owned this land for a number of years. They originally asked for RM-16 but
the Planning and Zoning Board felt this was too high a density and asked them to
reduce it, which they did. At that time, they also agreed to use townhouse buffers
along the area abutting the residential property.
Mr. Crowe said the present
in little gain or benefit
]_oss to the applicant.
zoning
to the
classification of the subj ect property results
public while inflicting substantial injury and
The present zoning classification renders the subject property virtually unuseable
for the following reasons: The property is located next to two hospitals and a
large apartment project very close to South Cobb Drive; the residential area which
adjoins the property could be adequately buffered; and furthermore, the requested
zoning would have no adverse affect on the public health, safety and welfare. For
these reasons the present zoning classification constitutes an unconstitutional
taking of private property without first paying just and adequate compensation.
Max Bacon asked Mr. Crowe if he felt 12 units per acre would be a medium density.
Mr. Crowe said he felt it WOUld, conSidering land cost today. Max Bacon stated
if he understood correctly, the development would contain approximately 400 units
and aSked if they had any plans of the proj ect. Mr. Crowe said they did not have
the finished plans and were waiting for the outcome of the zoning. Mr. Crowe also
said they had not done a traffic study but that information was easy to obtain.
Joel Harrell represented the Cedar Cliff Homeowners Association in opposition and
said they felt the rezoning to be ludicrous, at best. The majority of the property
surrounding this site is R-20, already established. They felt the rezoning would
be incompatible and inconsistent with the surrounding area, and should remain at
R-20. Mr. Harrell also presented a petition signed by 728 people opposed to the
rezoning. They we:r>e also concerned with the traffic impact since the only means
of ingress and egress is from Ridge Road and loss of property value to surrounding
homes.
Mr. Roger Geibel represented Laurel Lake subdivision in opposition. Mr. Geibel
said Laurel Lake had two creeks feeding into it with one of them running directly
behind the proposed development. The lake offers a very scenic and useful beauty
which is being threatened now by silt and sedimentation caused from previous devel
opments. Mr. Crowe said you would always have erosion problems with new construction
but they would be working closely with the City to keep it at a minimum.
Mr. Crowe said
Freeman about
this afternoon, some of the concerned
the pOSSibility of changing the concept
citizens had contacted Mr.
from apartments to condo-
miniums. Mr. Crowe said he
it was something they were
while.
had not
willing
had
to
a chance to study
look at if council
the possibility but felt
felt it would be worth-
Max .Jim Davi-diI' he f'elt -the present sewer "lines would be adequate
for 400 ap~rtment units, and Mr. David said they would. Jim TolJ_eson said he was
concerned with the ingress and egress to the property and the additional traffic
it would.generate on Ridge Road.
After further discussion, Max Bacon made a motj_on the zoning be denied for the
following reasons:
1) The and egress for this property would be through R-20 zoning which
is a natural part of the surrounding R-20 subdivision.
2) The
mente
tion
Ridge Road.
road at the
and
above
design.
additional traffic generated by this development would require road improve-
City of Smyrna has not allocated funds for. The addition to conges-
create an undue traffic hazard for this residential area along
This development would cause the necessity for improvements to the
ions of Ridge and Atlanta Road and Ridge at South Cobb Drive,
with Ridge Road at the access to the property. All the
improvements would have to be at the county's specifications and
signal would be absolutely required.
3 ) King
may cause
wi th the
show that
presented
SPrings and Griffin Middle School are at capacity and additional
overcrowding. No evidence has been presented as to any stuq.y or
Cobb County School Board as to this impact. In addition, some
Campbell High School may reach capacity. Again, no evidence
demonstrating the affect on our school system.
density
contact
studies
has been
4)
safety of
would
existing
have an
citizens
adverse affect
of the" -area.
on
the
general
,,:elfare,
health
and
James
a
better,
of a
OPPOSed.
the motion. Jack Shinall said he felt we definitely had
and said condominium or townhouse zoning mayor may not be
a motion this be tabled to the next meeting. Motion died for lack
Vote on the motion to deny the rezoning carried 5-1, with Jack Shinall
Wilmont Williams requested rezoning of 2 acres in Land Lots 707 and
Institutional to RM-16. There was no opposition. Mr. Williams
1983, council approved the rezoning of 4.14 acres on Pasadena
for him. This 2.15 acres joins the other parcel recently zoned,
it was still under contract and he could not include it with the
request. Mr. Williams said he now owns the property and would also
it rezoned to add to the other acreage for the developoment of one
he understood would have to be at least one-half one.bedroom units.
made a motion the zoning be approved. Max Bacon seconded the motion
5-0, with Jim HaWkins abstaining.
Gerald W. Fudge requested rezoning of the existing Riviera Apartments
from RM-12 to Planned Unit Development. Mr. Fudge said the units
and sold as condominiums under the new classification, to twelve
Even though the buildings will be individually owned, they will
as is. Mr. Camp said he had advised Mr. Fudge to meet with
to be sure they met the Fire Code. Also, each individual investor
make a contribution toward maintenance of the property they would
condominium develOPment. There was no opposition and further
Shinall made a motion the rezoning 'be approved. Jim Hawkins secon-
which carried 6-0.
on
would be
different
Pirtle requested a rear yard setback variance from 40 feet to 30
feet; and 56-60 for Trace Subdivision on Spring Road at Emory
Drive. said the be for the buildings closest to Spring
Road. They just finished on Church Road and the present
market is for a larger Their plans are to increase size of the
units above mentioned lots with square footage ranging from to 1536
square James Williams reminded Mr. Pirtle that when his rezoned
he was asked if he could anticipate any variances, answer
was no. Mr. Pirt:le said he could finish the development without the variances but
he already has several contracts on the larger units and he would like to be able
complete the project according to market demand.
Williams made a motion the variance be approved.
which carried 6-0.
After further discussion, James
Jack Shinall seconded the motion
Stacy Davis requested a variance on the front yard setback requirements
7 in Green Forest Subdivision from 35 feet to 25 feet. This variance was
tabled at the last meet' to allow council time to look at the lots in question.
Max Bacon said he had 1 d at the lots and even though there is a big drop off
on the back side, they might be desirable to some people. Mr. Davis said he did
not actually need the variance on all the lots but would like to be able to maintain
continuity in the style of the homes already there and to do that, would need a
variance. Also, they already have contracts on some of these lots. Merlin Burt,
Mr. Davis's father in law, said he had developed 1100 lots in the City and had
never created any problems. Also, he has never asked for anything from the City,
but was now asking that these variances be granted. There was some question as
to any> liability on the City's part, and Mr. Camp said we would not be liable as
long as the proper inspections were made. After further discussion, Sarah Jones
made a motion the variances be approved. Jack Shinall seconded the motion which
carried 6-0.
Commercial Building Permits: Commercial building permits were presented by Inspec-
tor Larry Dunn and upon his recommendation, the following approved:
1) Dr.
a total
approved
seconded
Ted Aspes requested a permit
estimated cost of $200,000.
subject to approval of the
the motion which carried 6-0.
for new construction at 530 Concord Road at
James Williams made a motion the permit be
Fire Marshal and City Engineer. Jim Hawkins
2) Bill Askea requested a permit for new construction of a 7800 square foot office
building on South Cobb Drive at a total estimated cost of $195,000. James Williams
made a motion the permit be approved SUbject to approval of the Fire Marshal and
City Engineer. Jack Shinall seconded the motion which carried 6-0.
David Bostwick appeared before council to appeal the decision of Recor-
der s Court where he was found guilty and fined for running a red light. Mr. Bost-
wiCk and arresting officer Charles Wade were sworn in by Attorney Camp. Mr. Bostwick
said he was stopped after passing through the intersection of U.S. 41 and Lake
Park Drive at Richway. Mr. Bostwick said the light turned yellow and he continued
through the intersection because he knew he could not stop safely. Mr. Bostwick
did not deny running the yellow light, but stated the light did not hold long enough
and it was impossible to make a safe stop. After getting the ticket, he parked
near the intersection and timed the light through 10 or 15 cycles and said there
was at least one car that ran the light through each cycle. Mr. Bostwick said the
time on the yellOW light should be lenghtened. In response to a question from coun-
cil, Jim David said these are State lights and are set according to Department
of Transportation specifications.
Officer Wade said he had worked quite a few accidents at this intersection and
some with serious injuries. He has been parking at the intersection in plain view,
as he was when he stopped Mr. Bostwick, and said people are running the light,
especially during rush hours. Officer Wade said he also timed the light before
writing any tickets and it holds about 5 seconds, which is adequate. Also, he only
wrote citations where he felt people did not make any attempt to stop. In this
case, there was no doubt in his mind that Mr. Bostwick made no attempt to stop.
Mr. Bostwick said the car alongside him also ran the light, and when he asked Off~
cer Wade why he was not stopped, was told that he was more in the wrong than the
other vehicle. After further discussion, Jim Hawkins made a motion the decision
of Recorder's Court be upheld. Max Bacon seconded the motion which carried 6-0.
Validation of Signatures:
the City as follows:
Attorney Camp read an application fo:r annexation to
We the undersigned, 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 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411,
412, 413; 1971, 399; 1976, Pages 1011, 1012, said property to be annexed being
described as follows, to wit:
All that tract or parcel of land lying and being in Land Lot 552, 17th DiB"
trict, 2nd Section, Cobb County, Georgia, all of said land lot lying Southwest
of South Cobb Drive, and being more particularly described as follows:
BEGINNING at a point at the intersection of the South line of Land Lot 552
Southwesterly right of Way of South Cobb Drive; running thence North-
along the Southwesterly side of the right of way of South Cobb Drive,
to a point on the West line of Land Lot 552; thence South, along
line of Land Lot 552, 460 feet to the Southwest corner of said land
East, along the SOuth line of Land Lot 552, 370 feet to the inter-
of the South line of Land Lot 552 and the Southwesterly right of way
Cobb Drive, being the point of BEGINNING.
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
or legal representative, of 60% of the
age: $/JOHN C. SILLS
holders of the
land area above
fee $imple title,
described by acre-
Sarah
set for
made a motion the signature be validated and the date of public hearing
11, 1983. Jim Hawkins seconded the motion which carried 6-0.
the
Attorney Camp read an application for annexation to
We l1ndersigned, who constitute sixty percent (60%) of the owners of t;he
land area by acreage of the area described below, which is
and cont:iguous to the City of Smyrna, hereby apply to have said annexed
into the City of Smyrna under the provisions of the Code of Georgia Annotated,
Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411,
412, 413; 1971, 399; 1976, Pages 1011, 1012, said property to be annexed being
described as follows, to wit:
All or parcel of land
2nd Section of Cobb
ly described as follows:
lying and being
County, Georgia,
in Land Lots 380 and 381,
and being more particular-
intersection of the north right of way of Concord Road (70'
and the east right of way of Lamar Circle (50' right of way);
go nOrth 55 degrees Olm:inutes 28 seconds east, 113.79 feet to an iron
35 degrees 05 minute$ 50 seconds east, 146.97 feet to an
TRUE POINT OF BEGINNING; thence north 64 degrees 55 minutes
61.70 feet to an iron pin; thence south 56 degrees 21 minutes
west, 59.92 feet to an iron pin on the east right of of Lamar
thence north 03 degrees 30 minutes 54 seconds west, feet to
thence north 34 degrees 44 minutes 58 seconds west, 84.85 feet
(87.63 feet along an arc) to an iron pin; thence north 34 degrees
seconds east, 157.72 feet to an iron pin; south 57 degrees 51
13 seconds east, 218.22 feet to an iron pin; thence south 27 degrees
38 seconds west, 98.30 feet to an iron pin; south 53 degrees 41
seconds east, 18.72 feet to an iron pin; thence south 55 degrees
59 00 seconds west, 101.81 feet to an iron pin and the TRUE POINT
OF BEGINNING.
UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY
FOR ANNEXATION TO THE CITY OF SMYRNA.
signature of the
representative,
. LAMAR DICKSON
record title
of 60% of the
holders of the
land area above
fee simple title,
desc:ribed by acre-
Jim Hawkins
set for
made a motion the signature be validated and the public: hearing
11, 1983. James Williams seconded the motion which carried 6-0.
date
James
motion the RM-16 zoning
been properly advertised
carried 6-0.
classification be deleted in its
and posted. Jim Tolleson seconded
the
James
vice
made a motion
a 6 year term. Jim
Williams be reappointed Civil Ser-
seconded the motion which c<;l.rried 6-0.
June 6, 1983 - Continued
Max Bacon made a motion that Bob Arnold be appointed to the Housing Authority for
a 5 year term. Jim Hawkins seconded the motion which carried 6-0.
Due to Mr. Coalson's absence, the Housing Authority appointment to Ward 6 was de-
ferred to the next meeting.
Max Bacon made a motion that the qualifying dates for the November 1, 1983 city
election be September 12-16. Jim Hawkins seconded the motion which carried 6-0.
Jim HaWkins made a motion that Dusty Bennett be
dent for the November 1st election. Max Bacon
5-1, with James Williams opposed.
appointed as
seconded the
Election Superinten-
motion which carried
Jack Shinall made a motion that approval of the pu~chase of 100 underground gar-
bage can units be approved. Jim HaWkins seconded the motion which carried 6-0.
Jim Hawkins made a motion that Dunn Street be c]_osed for a block party on June
25th from 5:00 p.m. to 11:00 p.m., from Legion Drive to Hunter Street. Jim Tolleson
seconded the motion which carried 6-0.
John Wieland Homes requested approval to use two trailers for their new construction
on Woodruff Drive. One of the trailers will be used for a temporary sales office
and the other a construction office. Jim Tolleson made a motion the use of the
trailers be approved for a 12 month period. Sarah Jones seconded the motion which
carried 6-0.
Residential Business License: J&J Enterprize requested a residential permit for
a lawn maintenance service at 4021 Honeysuckle Drive, Jerry A. Parham, applicant,
Mr. Parham said the home address would be used on his business cards and he wou],d
have a telephone answering service there. Otherwise, there will be no outside stor-
age of equipment or chemicals. Mr. Parham said his equipment would be kept at the
home of Mr. Hallman, a resident of Camp Highland Road. Mr. Ken Smith of 4031 Honey-
suckle Drive was opposed and said he felt the bome occupation rules could be too
easily abused and felt they sometimes were. Jim Hawkins and Jack Shinall both stated
t;hey had been consistent in their voting records concerning residential permits
and felt consideration should be given to neighbors opposed. Mr. Parham had a peti-
tion signed by all his neighbors within a 300 foot radius stating they had no ob-
jections, with the exception of Mr. Smith's.
After further discussion, Sarah Jones made a motion the permit be approved. Jim
Tolleson seconded the motion which tied 3-3. Voting for was Sarah Jones, Jim Tolle-
son and Max Bacon. Opposed was James Williams, Jack Shinall and Jim Hawkins. Mayor
Bacon voted in the affirmative to break the tie and approve the license.
Jim Tolleson made a motion the minutes of May 2, 1983 be
to the next meeting. Jack Shinall seconded the motion which carried 6-0.
Jack Shinall made a motion the minutes of May 16, 1983 be tabled to the next meet-
ing. Max Bacon seconded the motion which carried 6-0.
Committee Reports: (Finance)
on Thursday at 5:30 p.m.
Jim Tolleson reminded everyone of the Budget meeting
(Library)
Doris Morris reported on library activities.
(Parks) Jim Hawkins read a
from the Parks & Recreation
have quality people such as
years he has given the City.
letter from Claude Eason, announcing his resignation
Commission. Jim said we had been very fortunate to
Mr. Eason on the commission and thanked him for the
Jack Shinall made a motion the rules be suspended to place a motion on the floor.
Jim Tolleson seconded the motion which carried 6-0.
In response to the many complaints received lately concerning barking dogs-, Jack
Shinall read the following proposed ordinance and made a motion it be approved:
Nuisance: (Barking Dogs)
Whereas in certain areas, places or residences of the
kept or harbored certain dogs whose keep by their owners
Ci ty of Smyrna
or keepers are
there are
not other-
wise
of
to the hour
growling or
but who's constant and. consistent barking, howling, or other means
are offensive to the degree so as to cause a nuisance, either as
of the offense or as to the level of such offensive b:'l-rking, howling,
noise making to neighboring residents of the City of Smyrna;
Now to preserve
Georgia and to protect the
to prevent nuiS:'l-nces to the
the peace and
public health,
same;
tranquility of the
safety and welfare
citizens of Smyrna,
of said citizens and
it
resolved that it shall be unlawful and punished as a misdemeanor
maintain or allow within the limits of the City of Smyrna any
canine breed who shall bark, howl, or make any such like sound
to cause loss of sleep, discomfort, anxiety or fear of any
dwells within aud:ible distance of the kennel or common place
canine.
In the
Georgi:'l-
monly
iness,
period
than
anxious,
two citizens, not from the same household of the City of Smyrna,
affidavit, in writing, that a canine, who resides or is com-
housed with:in audible distance to their residence or place of bus-
howls or makes any noise or series of no:ises in succession for
not necessarily constant or continuous, of twenty minutes on more
and such noise, b:'l-rking or howling has caused them to become
afraid, or has caused loss of sleep to such complaints;
Such
welfare
or
to
not be
fined the
within
any other
be deemed to be a nuisance and a hazard to the health, safety and
ci tizens of the of Smyrna, Georgia and therefore the owner
shall be the Recorder's Court of the of' Smyrna
the charge made by said to show cause why animal should
from the limits of said cit;y and upon conviction thereon shall be
sum of $100.00 per day for each and every day such animal shall remain
City Lim:its of the City of Smyrna, together with the cost of court and
costs necessary and incidental to the prosecut:ion of such action.
Jim Tolleson seconded the motion to :'l-pprove the ordinance which carried 6-0.
next
Cobb Municipal Association meeting at Acworth Beach on
June 20th.
14th;
In the
and
of' Mr. Coalson, James Williams said he would l:ike to thank the Parks
staff for the Super Family Field Day.
With
business, meeting adjourned at 9:40 p.m.
************************
June 20, 1983
The
City
Mayor
n",y
Fire
tor
Farley,
of the
scheduled meeting of Mayor and Counc:il was held June 20, 1983 at Smyrna
The meeting was called to order at 7: 30 Of clock p.m. by presiding officer
T. Bacon. All council members were present. Also present City Attor-
Camp, City Clerk Willouise Spivey, Police Chief R. Acting
Cochran, Public WOrks Director Jim David, Parks & Direc-
Assistant City Clerk Melinda Hiatt, Civil Director Jim
Doris Morris, Building Inspector Larry Dunn and representatives
Harold Hobbs from the Smyrna Lions Club said organization
sponsor an employee program for city employees and read the cr~
the clUb will an Employee of the Quarter and present them
$25 plus a plaque. At the end of each year, a $100 check would be
person selected along with a plaque. Mr. Hobbs said the awards would
of Dr. W. C. Mitchell. Max Bacon said he thought it was an excellent
good for the employees.
June 20, 1983 - Continued
Annexation: Opal W. Jones and E. P. Logan requested annexation of property in Land
Lots 306, 307, 342 and 343 as read and made a part of the minutes of the May 16, 1983
meeting. Attorney Russell Atkins represented W. K.Folds, Linnie Ledford and Doyle
Galloway, in opposition. Mr. Atkins said his clients lived within the confines of
the area to be annexed although they are not residents, taxpayers or property owners
of the City. Attorney Camp said he had a prOblem with their stand on this matter as
they are not involved in the annexation. Mr. Atkins said the law states an annexation
must be signed by 60% of the electors resident in the area. His interpretation of
that was that his clients lived within the area to be annexed since their property
was being surrounded by it, and they were opposed. Attorney Camp said his interpre-
tation was not correct; it means 60% of the people living within the property to be
actually annexed. Mr. Atkins said that morally we were wrong because these people
would be completely encircled by the City of Smyrna and they do not want to be a part
of the City. Also, they felt they would be completely cut off from the rest of the
county and may have some prOblems with police and fire jurisdiction. Mr. Camp said
we have a mutual aid agreement with the county and any fire would be responded to
by the City as well as county. Mayor Bacon said we had received a petition to annex
these two pieces of property and we had no intention of forcing anyone else into the
City. Jack Shinall said he had never voted against an annexation when someone had
petitioned us. Also, we have pockets now within the incorporated areas and will prob-
ably always have.
Attorney Al Cochran was in the audience and said this issue was addressed in the Supe~
ior Court of Cobb County last Tuesday through an injunction filed by Mr. Atkins in
an effort to stop the annexation. Judge Bullard reviewed the matter at a hearing,
listened to all arguments and ruled adversely to the plaintiff and in f'avor of the
City. Mr. Cochran said all the legal matters have been put to rest and the City is
at liberty to annex the property tonight.
After further discussion, Jack Shinall made a motion the property be annexed to be
come a part of Ward 5. Max Bacon seconded the motion which carried 7-0.
E. P. Logan requestd rezoning of property in Land Lot 342 just annexed,
ntial to Residential Townhouse District. Russell Atkins represented the
residents in the area in opposition, and was sworn in with Joe and Brown Logan by
Attorney Camp. Joe Logan said they had 4.25 useable acres they wanted to develop for
fee simple townhomes at 10 units per acre. The selling price would be $50,000 to
$60,000. Jim David was asked if utilities were available to the property and he stated
the nearest water line was on Plaza Drive, about 1500 feet away from the property.
Mr. Logan said Woodsong Apartments were directly to the north and there was 15 to
20 acres in the flood plain to the south. Max Bacon asked the Logans if they would
anticipate any variances with their construction. They said they did not; their engin-
eer had a copy of our ordinance now and they planned to comply with it. Jack Shinall
asked if they would have an acceleration lane on Concord Road at the entrance. Mr.
Logan said they would do whatever the City would require of them, and if necessary
would have an acceleration lane. Jack Shinall also asked if he felt they would have
to provide retention ponds. Mr. Logan said if necessary, he would do so.
Mr. Atkins spoke for the opposition and said this was the real crux of why his clients
were fighting the annexation. This rezoning was turned. down by the county last year
so they came to the City to apply for annexation and rezoning. Mr. Atkins said Old
Concord Road was heavily congested now and development of' this property would cause
addi tional flooding problems. Also, tbe value of his clients homes would depreciate
and for these reasons, asked that the zoning be denied. Mr. Atkins said if council
proceeded with this rezoning they would be violating his clients constitutional rights
in taking of the property without proper steps and procedures under the law.
Bill Rogers, a resident of Sherwood Road was sworn by Attorney Camp. Mr. Rogers said
he was opposed because with the exception of Woodsong, the whole area was singlefamily
dwellings. They would like to see Smyrna grow but felt it would be getting the entire
area in trouble by opening up a development such as this. Mr. Rogers said the adjacent
property was turned down for rezoning in the county, he thought because the density
was too high. He had spoken to about 25 different families in the area and they were
also all opposed.
Jack Shinall said the Logans
not support the zoning. Jack
reasons:
were
made
good developers and
a motion the zoning
good neighbors
be denied for
but
the
he could
fOllowing
1) This development would create an undue
thoroughfare which is a high accident area,
traffic hazard on an already crowded
with no foreseeable plans for widen-
June 20, 1983 - Continued
ing Or'r'e-doing the bridge at the bottom of the hill.
2) The location of the property lies in marginal, at best, flood plain area
and with fee simple townhomes, without ownership to maintain areas
coul-d not onl-Y adversely affect upstream and downstream residents, but without
proper maintenance could develop into a serious health hazard at a later date.
3) It would disrupt an entire neighborhood to run water lines to the property.
Jack said he had also ridden through the neighborhood that day, and within a one quano.
ter to ODe half mile area there were only two single family homes for sale, so the
homes in .the area sell well, and at good prices. Jack said for theBe reaBonB, he felt
the denial- of the zoning would not deprive the developer of the right of the use of
the property.
Elbert seconded the motion for' discusBion and said he also felt that Old Con-
cord Road was too narrow for the deve19pment and he also had a feeling for the home
owners in the area. Vote on the motion to deny the zoning failed 3-4. Voting for the
motion was Elbert Coalson, Jack Shinall and James Williams. Opposed was Sarah Jones,
Jim Hawkins, Jim Tolleson and Max Bacon.
Jim Toll-eson then made a motion the zoning be approved with the following stipula-
tions:
1) The developer provide necessary city water service to the property.
2)
to the
retention ponds
surrounding citizens.
be
provided
to
handle water
runoff,
not
doing
harm
3) Accel-eration and deceleration lanes be provided on Old Concord Road, if
deemed necessary by the City Engineer.
the motion. Vote on the motion to approve the
for the motion was Jim Tolleson, Jim Hawkins, Max Bacon
Elbert Coalson, Jack Shinal-l and JameB Williams.
rezoning carried
and Sarah Jones.
w. Jones requested rezoning of property in Land Lots 306, 307, 342
ial to Residential Townhouse District. Jack Thompson represented
sworn in by AttOr'ney Camp along with Russel-l Atkins representing
and also Doyle and Raymond Miller who were opposed. There
12 to 15 people in the audience in opposition.
than
Hunt
will
Road
zoning
line
also
will-
8 units
spoke first, and said he felt his development rather
home values. He has been building for 20 years, and completed the
development on Church Road. This property totals but they
buil-ding on 18 to 19 acres. Mr. Thompson showed pictures of the Church
and existing homes in the surrounding area. Mr. Thompson said this
approved by the county becauBe they wanted him to run a 6300 foot sewer
of $251,000, which was not economically feasible. These units will
$50,000 to $60,000 price range, and this will be a nice project that
the City. Mr. Thompson said the overall density would be approximately
per' acre.
and said they were
gave in the previous
area would go down.
opposed
zoning, and
to this rezoning for basically
contended the property values
the
in
Mr.
again and said
only a matter
pets have been his by cars on Plaza Drive
before a child was hurt.
Mr. a resident of
on one corner after a hard
cannot be contained now, on vacant
cause more Mr. Miller
they were properly.
Road said this
the creek comes into
and any construction
had no objections to single
the creek
The water
area would
family homes if
spoke and the Logans and Mr.
them to harm neighborhood. He had received one
t04ay would lose $60,000 if the development
like council to give some consideration
Mr.
surrounding
Jim Tolleson aSked
it was because of
homes.
Mr.
the
Thompson why he
land cost and
asked for
they could
the
not
RTD zoning. Mr.
afford to build
Thompson said
single family
After further discussion, Jack Shinall made a motion the zoning be denied for the
following reasons:
1) Development
oughfare which
and welfare of
or bridge.
would create undue
is a high accident
the citizens, with
traffic hazard
area and would
no foreseeable
on an already congested thor-
be detrimental to the health
plans for widening t:he road
2) With the location of the property near the
problems with water retention and our ordinance
for requirements for retention ponds.
flood plain
now does not
area there
adequately
will he
provide
3) Installation of the water lines would disrupt an entire neighborhood.
Jack also said he felt the denial of the zoning would not deprive the developer of
the right of the use of the property. Elbert Coalson seconded the motion which failed
3-4. Voting for denial was Jack Shinall, Elbert Coalson and James Williams. Opposed
was Jim Hawkins, Jim Tolleson, Sarah Jones and Max Bacon.
Jim Hawkins then made a motion the zoning be approved with the
developer install water and sewer lines to the property, and also
/deceleration lane on Old Concord Road, if needed. Jim Tolleson
which carried 4-3. Voting for was Jim Hawkins, Jim Tolleson, Sarah
Opposed was Jack Shinall, Elbert Coalson and James Williams.
stipulation that the
have an acceleration
seconded the motion
Jones and Max Bacon.
Mayor Bacon called for a 5 minute recess.
b Berry and Kim Anderson requested rezoning of property in Land Lot 592
treet from RM-10, Future Commercial and R-l5, to Residential Townhouse
District. There was no opposition. Mr. Berry said these townhomes will be 1100 to
1400 square feet, similar in style to the ones he is building on Windsor Parkway.James
Williams read a letter from the adjOining neighbor stating be would approve of the
proposed rezoning. James Williams asked Mr. Berry about the variances he was request-
ing, which was the next item on the agenda and said he had no problem with the rezoning
provided council did not also have to grant the variances. Mr. Berry said he could
build without the variances, which were: 1) Reduction of the building lines on Roswell
street and the proposed street to allow remOdeling of the existing houses as part
of the development; 2) Reduction of the side yard to 10' along the alley; 3) reduction
of the side yard on the west line to 25'; and 4) reduction of the side yard to 10'
adjacent to the city park along the south and west line. Mr. Camp suggested that they
might want to alter their plans to allow access to the units from the proposed street
and eliminate some of the curb cuts on Roswell Street. According to the present plans,
there will be 3 or 4 curb cuts on Roswell Street.
After further discussion, James Williams made a motion the zoning be approved. Sarah
Jones seconded the motion which carried 7-0.
The variances requested by Mr. Berry, as stated above, were withdrawn.
Mr. Berry also asked about the setbacks on the existing house, which he wanted to
remodel as part of the development. Mr. Camp said the setback from Roswell Street
would be the same as it is now, but the setbacks from the new road will have to meet
existing requirements.
Variance: Paul Lee requested a variance for McMillan Place Townhomes on Atlanta Road,
to allow parking in the right of way area. Mr. Lee was not present and Jim Tolleson
made a motion this be tabled to the next meeting. Jack Shinall seconded the motion
which carried 6-1, with Max Bacon opposed. After discussion, Jim Tolleson made a motion
the variance request be brought off table. Jack Shinall seconded the motion which
carried 7-0.
Max
made
7-0.
Bacon said this development was in
a motion the variance be denied.
his ward and since
Jim Hawkins seconded
Mr.
the
Lee was not present,
motion which carried
Janice Jackson of 1195 Pinehurst Drive requested a side yard
allow for an 8 foot enlargement to a bathroom. Mrs. Jackson
setback var-
had a letter
property owner st;;Lting they had no objection to the . Jim
Jacksaon if she was renting part of her home and the answer was
Norman Br<;:nn<;:r spoke in opposition due to the fact that Mrs. Jackson was r<;:nting a
portion of home, and said this was a single family neighborhood and she was in
violation the oI'dinance by doing S9. Jim Hawkins said he was not aware that she
was bas<;:ment of the hOUSe until tonight, but informed Mrs. Jackson that
she was . Mrs. Jacksons;;Lid She bought the house in 1978 and the apartment
was at that time and she not aware that it was a violation of the
ordinance. said he could not vote to approve a variance for her because
to do so condoning the violation. Mrs. Jackson said something to be done
with because there is a leak and the floor is rotting. Camp
said the could be granted subject to Mrs. Jackson ceasing from
renting in her home. Jim Hawkins made a motion the variance be denied
which of a second. Elbert Coalson then made a motion the variance be
her ceasing to re.nt the apartment. After further discuss:ion, Mr.
motion. Jack said he felt Mrs. Jackson d:id not fully
the violation concerning the apartment and made a motion this be
next meeting. Jim HaWkins seconded the motion which carried 7-0.
the
Daniel requested to construct a fence in her
Acres Drive. Wayne the fence would be
wr9ught iron plans to council. asked
if this would considered an ornamental and Mr.
say; it would council to make that deteI'mination.
wrought iron not be permanently anchored to the pillars
easily removed. Act Chief Hubert Cochran looked at the plans
Fire Department would not have any problem with the fence. After further
Shinall made a motion the variance be approved. Elbert Coalson seconded
carried 6-0. Jim HaWkins was absent from the room and did not vote.
new
a site
cent to
houses
onto
to the
variance to a zero sideyard setback for his
There was no opposition. Mr. Bentley presented
said the variance would be on the side adja-
said that during the ware-
line, and they were 7" over
Colonial stating they ection
a motion the variance , with
approval. Sarah Jones the motion
talked to Bill Askea and Objections.
Commercial building permits were
the following permits approved:
Inspector
requested a permit
Drive at a total
be approved subject to
seconded the motion which
2,000 square foot addition
coast of $60,000. James Williams made a
approval of the Fire Marshal and City Engin-
carried 7-0.
2)
at an
subject to
the
a permit for new construction at 2249
cost of $75,000. James W:illiams made a motion the
of the Fire Marshal and City Engineer. Elbert
carried 7-0.
Cobb Drive
approved
seconded
Jim Tolleson presented the 1983'84 budget and stated th:is W;;LS the fir_st
that allows for capital imprOVements and addi-
, primarily in Fire. OveraJ_l, our will be
The Fire (ipqluding
or 2 ~ % raise July 1, All
a one cheCk in December
to a 3t% raise. In
will be include credit for the first
a 20% minimum dis;;Lbility benefit. The budget allows for
officers, 6 additional firemen and 2 additional
, city personnel a 9~% benefit package
a 12% benefit The total of the proposed
10
and
budget
Bacon stated the total anticipated Revenue
June 20, 1983 - Continued
Sharing funds was $314,122, with $178,312 anticipated for 1983-84 and $135,810 un-
expended from 1982-83. Max read the proposed expenditures by department. There were
no questions or comments from the audience and the public hearing was closed.
Jim HaWkins explained the sinking fund bonded indebtedness totaling $383,264.50 for
Water and Sewerage Bonds and General Obligation Bonds. These bonds will be retired
in 1984 and 1985, with one retiring in 1986. Jack Shinall added that the City has
not had any bond sales since 1965.
Jim Tolleson read the budget request for all other funds and stated the total 1983-84
budget was $8,476,331 and made a motion the budget be approved as submitted. Max Bacon
seconded the motion. Jack Shinall stated he thought it was a good budget and during
discussion it was agreed that council would take a good look at employee salaries
that may be out of proportion and make adjustments accordingly. James Williams said
we had problems with the long term employees on the application of the 5% merit
increase, who have already reached the top of their range. James agreed it was a good
bUdget and and felt confident that the salary survey would be completed soon and any
inequities in salary would be corrected as quickly as possible. Jack Shinall said
he would also like to see additional personnel added to the police department.
Vote on the motion to approve the budget carried 7-0.
Validation of Signatures:
City as follows:
Attorney Camp read an application for annexation to the
We the undersigned, 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 69-912
(Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages lOll,
1012; said property to be annexed being described as follows, to wit:
All that tract or parcel of land lying and being in Land Lots 228 and 277 of the 17th
District, 2nd Section, Cobb County, Georgia, and being more particularly described
as follows:
BEGINNING at an iron pin on the north side of Pat Mell Road 200 feet west as measured
along the north side of Pat Mell Road from the northwest corner of the intersection
of Pat Mell Road and Mills Lane; said point of beginning being at the southwest corner
of Lot 17 of Block D of Spring Valley Subdivision, Unit Two, a subdivision plat of
which is recorded in Plat Book 16, Page 198, Cobb County Records; thence west along
the north side of Pat Mell Road 367 feet to a point in the center line of a creek;
thence northerly and northwesterly as measured along the center line of said creek
and following its curvature 665 feet to a point; thence easterly, slightly south of
east 35 feet to an iron pin; running thence and continuing easterly in the same
direction 51 feet to an iron pin on the west line of said Land Lot 277; running thence
and continuing in the same easterly direction 186.3 feet to an iron pin; running thence
and continuing in an easterly direction, slightly more southerly than the last
mentioned call, 74.4 feet to an iron pin at the northwest corner of Lot 11 of said
Block, Unit and Subdivision; running thence southwesterly, southerly and southeasterly
along the rear of Lots 11, 12, 13 and 14 of said Block, Unit and Subdivision, 447.2
feet to an iron pin at the northern most corner of said Lot 17 of said Block, Unit
and Subdivision; thence southerly along tbe northwest line of Lot 17, 40 feet to an
iron pin; thence southerly along the western side of said Lot 17, 150 feet to an iron
pin on the noruhern side of Pat Mell Road and the point of BEGINNING.
WHEREFORE, THE -UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS,
APPLICATION FOR'ANNEXATION TO THE CITY OF SMYRNA.
AND THEREBY MAKE SAID
Witness the s:icgnature of the record title holders of the fee
legal representative, of 60% of the land area above described
PROPERTIES, INC., MARK TURNER, JR., PRES.
simple title, or his
by acreage: s/EL-MARK
Elbert Coalson made a motion the signature be validated and the public hearing set
for July 11, 1983. Sarah Jones seconded the motion which carried 7-0.
Elbert Coalson made a motion that Jean Bradley be appointed to t;he Housing Authority
representing Ward 6 for a one year term. Jack Shinall seconded the motion which car-
ried 7-0.
motion the
motion which
of May 2, 1983 be approved as submitted. Jim
7-0.
the
motion
of May 16, 1983 be approved as submitted.
7-0.
Jim Tolleson
and
Jim
the
stated people are not
the curb and
that no parking
7-0.
utilizing the new parking area at Jonquil Park
on Park Road., which is now a public street.
be placed on the street. Max Bacon seconded
Sarah
than
in the county.
a State
to July 1st.
into effect July l,
Max Bacon and Jack
said our Court has been
County. It has been
July 1st, a
program and the new
Jones made a motion the new
1983. James Williams seconded
Shinall abstaining.
op",rating under a
and is now
our fines and
must
be
which
Jim Tolleson thank",d Willouise Spivey and Melinda
new budget a:nd agreed with what Jack Shinall and
a salary study.
for their
Bacon said
Max Bacon
of
reported we have
Boulevard.
just
about
finished with
our P9rtion
of
the
(Library)
Morris reported on
activities.
(Water)
p.m.
called a Water and Sewer Committee meeting tomorrow at 5: 00
Mayor
everyone of the 4th of July actj_vities at King Springs Park.
With no
business, meeting adjourned at 10:05 p.m.
MAX BACON, WARD 2
1