04-21-1986 Regular Meeting (2)April 21, 1986
The regular scheduled meeting of Mayor and Council was held April 21, 1986
at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by
presiding officer Mayor A. Max Bacon. All Council members were present except
for Kathy Brooks who was ill. Also present was City Attorney Charles E. Camp,
City Administrator John Patterson, City Clerk Willouise Spivey and representatives
of the press.
Invocation was given by Jim Luke, Pastor of Tillman Methodist Church, followed
by the pledge to the flag.
APPOINTMENT: Upon the recommendation of Mayor Bacon, Jim Hawkins made a motion
that Donnie Byrge be appointed to the Civil Service Board to fill the unexpired
term of Roland Williams. Hugh Ragan seconded the motion which carried 6-0.
Attorney Camp administered the oath of office to Mr. Byrge.
CITIZENS INPUT: Nothing to report.
DEPARTMENT REPORTS: Reports were given from Finance & Administration, Fire
Department, Public Works Department, Community Development and Emergency Manage-
ment.
PUBLIC HEARINGS:
(A) Rezoning request - 16.73 acres on Nickajack Road from R-20 to Light Industry.
r
John Patterson said that Mr. Nicholas Souris had requested rezoning of the
above described property which was annexed at the April 7th meeting and at
that same time, the zoning hearing continued until, tonight. There was a large
group in opposition. Representatives from both sides were sworn in by Mr. Camp.
Bob Davies representing Mr. Souris said this property is continguous to Light
Industrial zoning and bounded by Southern Railway, with R-20 zoning to the
south. Since the last meeting, Mr. Souris has met with the Nickajack/Floyd
Homeowners Association and has agreed to provide an acceleration/deceleration
lane on Nickajack Road and also put up signs prohibiting right hand turns out
of the property onto Nickajack Road. Mr. Davies said he felt the highest and
best use of the property was for Light Industry and presented a letter to council
from the property owner adjacent to the 16.73 acres stating he was not opposed
to the rezoning. Hugh Ragan stated that Mr. Lansdale who submitted the letter
in favor of the rezoning was the original owner of this property before selling
to Mr. Davies who in turn sold to Mr. Souris.
Mr. Souris said he needed to expand his business and wanted to construct a
20,000 square foot building which would be used to build aluminum truck bodies.
Initially, materials would be delivered about every 3 weeks on tractor/trailer
trucks. The completed bodies would be hauled out on a trailer and pickup truck.
Mr. Souris said he felt this would be a good location for the business since
it adjoins the industrial park and the railroad tracks. Mr. Souris said he
did not anticipate or intend to have any materials stored outside. Mr. Souris
said he had no immediate plans for utilization of the remainder of the property;
he was only interested in relocating his business and remaining inside the
City and felt his development would enhance the community rather than harm
it.
Candy Rawlins spoke for the opposition, representing the Floyd/Nickajack Homeowners
Association. Ms. Rawlins presented a petition with over 600 names in opposition
to the rezoning request, representing several subdivisions off Nickajack Road.
Ms. Rawlins said the development would decrease their property values and felt
that ample land was available for industrial use without adding to the industrial
park in this way. They were also concerned about trucks and heavy equipment
and had no guarantees that they would not use Nickajack Road. Ms. Rawlins said
they would prefer that this property remain a beautifully landscaped residential
area.
Charles Marshall also spoke in opposition and stated a LI zoning was totally
incompatible with the existing and emerging residential areas. Also, the topography
• of the land would make it difficult and expenesive to develop as industrial
sites. In addition, Nickajack and Cooper Lake Roads are not adequate for industrial
type traffic and are becoming more crowded with automobile traffic.
Douglas Long was also sworn in by Mr. Camp and spoke in opposition. Mr. Long
said he was representing 6 or 7 property owners that lived within 1,000 feet of the
April 21, 1986 - Continued
proposed development. Mr. Long said the increase in traffic would be extremely
dangerous to the people living there.
After further discussion, Hugh Ragan made a motion the zoning be denied for
the following reasons: 1) Cobb County hired a consultant to study the subject
area and their report suggested that water lines are insufficient for property
fire protection for industrial use; 2) sewer lines also were judged to be in-
sufficient for industrial use; 3) the consultant stated the Cobb DOT is very
concerned with narrow roads and sharp curves on Cooper Lake and Nickajack 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 Nickajack Road, which will further magnify the
safety hazard of having large trucks on narrow roads with sharp curves; 6)
final alignment of the final portion of the East/West Connector which lies
south of Concord Road has not been determined yet. If 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 of 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, 1984,
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. Therefore, a variance will be required on the rear line to
accommodate the development. Jim Hawkins said that Mr. Newton had been told
by two different city employees that a 30 foot setback would be required and
he purchased the property under this assumption. The ordinance, however, requires
a 50 foot setback but Jim said he thought it was unfair at this time, to hold
him to a 50 foot setback requirement when he had been told differently 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 of the building; 3) that an 8 foot masonry wall be constructed as
a buffer 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 sufficient for Limited Commercial. To the north of 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 room,
with no retail sales. The existing building will be painted and adequate paved
parking provided. With little discussion, Jim Hawkins made a motion the zoning
be approved. Jack Shinall seconded the motion which carried 6-0.
(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
submittal of additional information, made a motion the rezoning and variance
be tabled to the May 5th meeting. Bob Davis seconded the motion which carried
6-0. Andy 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.
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April 21, 1986 - Continued
Bob Davis said sufficient plans for this rezoning have not been received and
made a motion the zoning be- tabled to the May 19th meeting. •Jerry Mills seconded
the motion which carried 6-0.
(G) Variance request - 2796 Carolyn Drive, side yard setback.
John Patterson said that Mr. Cox at 2796 Carolyn Drive was requesting a reduction
from 10 feet to 3 feet so .that a utility building can remain in his rear yard.
The storage building was built by Mr. Cox to store pool supplies and yard tools.
Letters from the adjoining neighbors on either side were submitted and neither
is opposed to the variance. There was no opposition and with little discussion
Bob Davis made a motion the variance be approved. Joel Harrell seconded the
motion which carried 6-0.
(H) Request to extend working hours at the Oaks of Concord.
Gerald McCravey requested approval to extend construction hours at the Oaks
of Concord from 6:00 a.m. to 8:00 p.m. weekdays, and on Saturday from 10:00
a.m. to 6:00 p.m. for 18 months. There was no opposition and Jack Shinall made
a motion the request be approved. Hugh Ragan seconded the motion which carried
6-0.
(I) Variance request - side yard setback at 981 Pinedale Drive.
John Patterson said that Mr. George Curtis of 981 Pinedale Drive had added
an addition to his home in 1958, about 6.5 feet from the east property line.
He now plans to extend the east wall about 14 feet to the, rear of the house
and Mr. Curtis has obtained a letter from the adjoining property owner stating
he has no objections. There was no opposition from the audience and Jim Hawkins
made a motion the variance be approved. Joel Harrell seconded the motion which
carried 6-0.
FORMAL BUSINESS:
(A) Validation of signatures to annex 7.62 acres on -Concord Road.
Attorney Camp read the application for annexation by Rem B. Bennett as follows:
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, Page 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 Lots 339, 340, 381
and 382 of the 17th District, 2nd Section of Cobb County, Georgia, being more
pargicularly described as follows:
BEGINNING at an iron pin on the east right of way of Concord Road (being a
70 foot right of way) said iron pin being located 220± feet south of the inter-
section of the eastern right of way of Concord Road and the north land lot
line of Land Lot 339; thence north 31 degrees 05 minutes 00 seconds. east a
distance of 424.43 feet; thence south 51 degrees 27 minutes 02 seconds east
a distance of 234.34 feet; thence south 48 degrees 21 minutes 33 -seconds east
a distance of 190.16 feet; thence south 19 degrees 10 minutes 53 seconds east
a distance of 656.30 feet; thence north 67 degrees 00 minutes 52 seconds west
a distance of 183.15 feet; thence north 71 degrees 35 minutes 23 seconds west
a distance of 186.52 feet; thence south 83 degrees 52 minutes 35 seconds west
a distance of 207.33 feet; thence north 07 degrees, 16 minutes 36 seconds east
a distance of 182.47feet; thence north 73 degrees 23 minutes 24 seconds west
a distance of 158.40 feet; thence north 30 degrees 49 minutes 19 seconds east
a distance of 150.00 feet; thence north 66 degrees 25 minutes 18 seconds west
a distance of 170.00 feet to an iron pin at the point of BEGINNING, said tract
containing 7.62 acres.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY
MAKE SAID APPLICATION FOR ANNEXAITON TO THE CITY OF SMYRNA.. -
April 21, 1986 - Continued
Witness the signature of the record title holders of thefee simple title,
or his legal representative, of 60% of the land area above described by acreage: r
s/REM B. BENNETT, JR., PRESIDENT, TISTA CONSTRUCTION CO., INC.
Hugh Ragan made a motion the signature be validated and the public hearing `
set for June 2, 1986. Jim Hawkins seconded the motion which carried 6-0.
(B) Validation of 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.
We the undersigned, who constitute sixty percent (60%) of the electors resident
in the area described below and who constitute sixty percent (607") 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 Lots 624, 625, 673,
674 and 695 of the 17th District, 2nd Section, Cobb County, Georgia, and being
more particularly described as follows:
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
of 172.5 feet to the northwesterly side of Cooper Lake Drive; thence southwesterly
along said road 203.7 feet to the west line of Land Lot 695; thence continuing
southwesterly along the northwesterly side of said road 1239 feet to an iron
pin; thence west 271.3 feet to an iron pin on the west line of Land Lot 674;
thence along said land lot line north 0 degrees 15 minutes east 844.1 feet
to the northwest corner of Land Lot 674; thence along the south line of Land
Lot 624 south 89 degrees 00 minutes west 1345 feet to an iron pin; thence north
814 feet to the southeasterly side of Ridge Road; thence northeasterly along
the southeasterly side of said road 1940 feet to an iron pin; thence south
925 feet to the north line of said Land Lot 624;, thence east along said land
lot line 872 feet to an iron pin; thence south 664 feet to an iron pin on the
south side of Lee Road Extension; thence east along the south side of said
road 457 feet to the east line of Land Lot 673; thence south along said land
lot line 656 feet to the point of BEGINNING, as shown on survey made for Roy
L. Daniell by Wade T. Poston, Registered Professional Land Surveyor, dated
October 13, 1967.
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 60% of the electors resident in the area described
below: s/ROY L. DANIELL, MR. & MRS. JOEY R. DAVIS, MR. & MRS. STEVE TAYLOR,
RUTH CLAYTON, JR. & MRS. COATUS DAVIS
t
Witness the signature of the record title holders of the fee simple title,
or his legal representative, of 60% of the land area above described by acreage:
s/ROY L. DANIELL
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.
RTT) 0W0RT1C
(A) John Patterson said that only one bid was received for the purchase of
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 from three
companies on a John Deere 955B track loader with a 9300 backhoe attachment.
April 21, 1986 - Continued
Joel Harrell made a motion the 955B track loader with 9300 backhoe attachment
and 24TDT trailer be awarded to Metrac at $70,300, being the low bidder. Jack
Shinall seconded the motion. John Patterson stated sealed bids have been received
ti on the old 955 Cat loader, with the highest bid being $26,000 and this piece
of equipment needs to be surplused before purchasing the new one. After discussion
the motion and second were withdrawn. Joel Harrell then made a motion the 1973
955 Cat loader be declared surplus and sold to the high bidder for $26,000
and the low bid of $70,300 be awarded to Metrac for the 955B track loader,
backhoe attachment and trailer, with the net cost of $44,300 to be from the
Contingency Fund. Jack Shinall seconded the motion which carried 6-0.
COMMERCIAL BUILDING PERMITS:
(A) Cumberland Retirement Services requested a building permit for an addition
to the facility at 4040 King Springs Road at a total estimated cost of $2,300,000.
Hugh Ragan made a motion the permit be approved subject to approval of the
Inspections Department, Fire Marshal and City Engineer. Joel Harrell seconded
th6, motion which carried 6-0.
(B) Abuck Building Systems requested a building permit for a mobile classroom
building at Belmont Hills Elementary School at a total estimated cost of $28,000.
Hugh Ragan made a motion the permit be approved subject to approval of the
Inspections Department and Fire Marshal. Jack Shinall seconded the motion which
carried 6-0.
(C) Management Resources Systems, Inc. requested a building permit for remodeling
at Friedman's Jewelers in Cobb Center Mall at a total estimated cost of $34,000.
Jerry Mills made a motion the permit be approved subject to approval of the
Fire Marshal and Inspections Department. Bob Davis seconded the motion which
carried 6-0.
(D) Neal-Loia requested a building permit for interior finish at 2401 Lake
Park Drive, Suite 170, at a total estimated cost of $17,000. Bob Davis made
a motion the permit be approved subject to approval of the Fire Marshal and
Inspections Department. Jack Shinall seconded the motion which carried 6-0.
(E) Tolar Construction requested a building permit for tenant finish at 5100
Highlands Parkway at a total estimated cost of $140,000. Hugh Ragan made a
motion the permit be approved subject to approval of the Fire Marshal and Inspec-
tions Department. Jack Shinall seconded the motion which carried 6-0.
(F) Mike Crowley requested a building permit for remodeling at 1005 Cherokee
Road at a total estimated cost of $8,100. Jack Shinall made a motion the permit
be approved subject to approval of the Fire Marshal and Inspections Department.
Hugh Ragan seconded the motion which carried 6-0.
CONSENT AGENDA:
(A) King Springs and Concord Road traffic signal allocation of funds.
Jim Hawkins made a motion the consent agenda be approved. Jerry Mills seconded
the motion which carried 6-0.
COUNCIL INPUT:
Hugh Ragan expressed appreciation to the various civic organizations who particip-
ated in the Jonquil City Spring Festival on Saturday, April 19th.
With no e business, meeting adjourned
A. WACON , _ MAYO,R`1
/ BOT-DAVIS , WARD 1
JERRY WARD 3 10
SHINALL, WARD 5
HUGH RAG N, WARD 7
at 9: '0 p.m.
WILLOUISE C. SPIVEY, CITY PERK
HARRELL, WARD 2
JAMESI M. HAWKINS; WD 4
NO