03-16-1987 Regular MeetingMarch 9, 1987 - continued
ordinance to specifically address this issue. Mr. Camp said the presently
penalties were pretty stiff if enforced, and he was also working on drafting
an ordinance to address this subject particularly, which would make the young
people aware of the actual damage they are doing and to be sure they make
restitution.
With no further business, meeting adjourned at 9:24 p.m.
March 16, 1987
The regular scheduled meeting of Mayor and Council was held March 16, 1987 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. Also
present was City Attorney Charles E. Camp, City Administrator John Patterson,
City Clerk Melinda Dameron and representatives of the press. Invocation was
given by Al Turnell, pastor of Smyrna First Methodist Church, followed by the
pledge to the flag.
Kathy Brooks read a resolution urging the Federal Government to not consider
the request by Cobb County to sell their portion of the Dobbins surplus
property which was conveyed to the City and County in 1976. Kathy Brooks made
a motion the resolution be approved with a copy to be mailed to Congressman
Buddy Darden, and Senators Nunn and Fowler. Jerry Mills seconded the motion
which carried 7-0. Mayor Bacon said if the county has no intention of using
their portion of the property the City would like to have it deeded to them
for construction of a new civic center.
Mayor Bacon presented an engraved plaque to Don Wix and other board members of
the Smyrna Athletic Association in appreciation of their involvement with our
young people. The City's program is an excellent one and there were 361 young
adults who participated this season.
DEPARTMENT REPORTS: Reports were presented from Police, Fire, Emergency
Management and Finance Departments.
PUBLIC HEARINGS:
(A) Rezoning request at 981 Concord Road.
John Patterson said that Bob Davies is representing Michael A. Perry in their
request to rezone this property from Future Commercial to Limited Commercial.
A single family home is located on the property and plans are to modify it to
facilitate use of an office. There was no opposition.
Mr. Davies said the property was under contract for sale and the purchaser
intends to use the house for a chiropractic office through some remodeling of
the structure, providing paved parking, etc. Mr. Davies said the Concord Road
curb cut would be closed with ingress/egresss provided from Evelyn Street. A
fence will be provided on the back of the property line with landscaping on
the front as required.
Jim Hawkins said the Planning and Zoning Board had recommended the zoning be
approved and made a motion the zoning be approved from Future Commercial to
Limited Commercial with the stipulations that at the time the property is
sold, or at the time the building is occupied as Limited Comemrcial that the
paved parking be provided within 60 days; that a 6 foot opaque fence be
erected along the back property line; that the entrance and exit on Evelyn
Street be constructed in a manner agreeable with the City Engineer. Jerry
Mills seconded the motion which carried 7-0.
(B) Variance request - 981 Concord Road - front and side yard setback.
John Patterson said that three variances were also being requested on the
property just zoned by reducing the front setback from 50 feet to 40 feet;
reducing the side yard setback on the east side from 50 feet to 22 feet and by
reducing the side yard setback on the west side from 33 1/3 feet to 20 feet.
There was no opposition.
Mr. Davies said the structure was built as a single family home and does not
conform to the setback requirements of a commercial zoning. The adjacent home
March 16 1987 - continued
on the east side is still residential and requires a 50 foot setback. The
setback on the front yard is necessary due to the widening of Concord Road and
the other variance is to meet requirements for developments on corner lots.
Jim Hawkins said in talking to the adjacent homeowner, he learned that he was
also considering coming before council for a similar zoning and was not
opposed to the variance tonight. Jim Hawkins made a motion the variances be
approved with the stipulation that the variance will run with the existing
house and if the house is ever removed, any new structure will meet all
setback requirements. Jack Shinall seconded the motion. Jim said he has been
concerned with the number of variances on Concord Road, including these
tonight. Jim said he would like to go on record as being in favor of any
rezoning higher than Limited Commercial being required to meet all
requirements of the code. The request by Mr. Davies tonight however, has been
done time and time again on Concord Road and it is only fair to the owners of
this property that they be treated in a like manner. Vote on the motion to
approve the variances carried 7-0.
(C) Rezoning request - 3855 South Cobb Drive from General Commercial to
Office/Distribution.
John Patterson said that Vaughn Wilburn is requesting that this property be
rezoned from GC to OD for development of a 50,550 square foot mini warehouse
project around and behind the Quiktrip on the corner of this location at King
Springs and South Cobb Drive. There was no opposition.
Mr. Wilbur said he was president of Fabrication Analysis Construction Team,
Inc. and they specialize in building and construction of mini -warehouses. In
1985 they were the leading builder in the nation in terms of square footage
and last year were nominated as builder of the year in the self -storage
facility industry across the nation. Mr. Wilbur said they were not aware of
the past history of this property or knew why it was zoned General Commercial
but knew there was a future planning map in City Hall that shows this area
prior to being zoned General Commercial, as being used exactly as they were
proposing tonight. The land use map shows this property as being
Office/Institutional and since there is no Office/Distribution category on
that map, were told by a representative at Hensley -Schmitt that mini -
warehouses would fit in the 0&I category. Joel Harrell told Mr. Wilbur that
0&I and OD were two entirely different categories.
John Zimmerly with FACT presented aerial maps, census tract information, etc.
to indicate the market for mini -storage in this particular area of South Cobb
Drive. Mr. Zimmerly said mini -storage thrives on apartment dwellers and it was
apparent from driving through the apartment complex adjacent to this property
that the residents there were in desperate need of storage and this site is
conveniently close to them. Mr. Zimmerly said the future land use plan
prepared by Hensley -Schmitt designates this area as 0&I and according to Ken
Heiserman with Hensley -Schmitt, that includes both the categories in zoning of
OD and 0&I. Mr. Zimmerly said the current use and zoning was not in compliance
with the future land use plan. Jack Shinall stated that Ken Heiserman had been
removed as the general engineer handling this project and the 0&I category
does not contain mini warehouses. This was a word of mouth statement from the
engineer who had been removed from the land use plan portion of the study and
they were totally wrong in assuming that OD is a part of 0&I because it is
not, and it is distinguished clearly by our ordinances.
Joel Harrell also stated that the land use plan is no more than a guideline
for council and does not mean that they are bound to make zoning decisions
accordingly.
Dick Rubin, one of the owners of the property said in May 1986 they purchased
the property and it was zoned GC. They had originally anticipated putting a
shopping center on the 4 acres but due to the growth in Smyrna, there was not
a market for a shopping center of that size. They were then contacted by
Quiktrip about a new store at this location and the owners then felt that by
cutting down on the size of the shopping center it may generate some interest.
They also considered an automotive service center but again there was not
sufficient interest. They now felt that the mini -warehouse development may be
the best use of the property to provide adequate storage facilities for
residents of the apartments. Mr. Rubin said he had read the minutes of the
council meeting where the property was zoned General Commercial and was
familiar with the stipulations on the development.
March 16, 1987 - continued
Jack Shinall said the elimination of the OD classification on the land use
plan was probably very intentional; that perhaps council felt the future land
use of the City may not lend itself to OD.
Hugh Ragan said we do, in fact, have mini -warehouses in the City of Smyrna but
South Cobb Drive, in his judgment, was not not best suited for that type of
application and not compatible with surrounding properties. Also, Mike Meroney
with Quiktrip had gone on record in writing as opposing this rezoning and we
have a letter from him stating his opposition. The Planning and Zoning Board
also recommended denial of this request.
There was some discussion about the three variances also on the agenda for
consideration tonight and Mr. Wilbur said they would be willing to withdraw
the variance on the side adjacent to Quiktrip.
Joel Harrell said that on February 23, 1987, the Planning and Zoning Board had
recommended denial of this zoning; also a letter was received from Quiktrip
stating their opposition to the proposed zoning and insomuch as council saw
fit 15 months ago to rezone this property to General Commercial for a shopping
center made a motion the rezoning to OD be denied. Jim Hawkins seconded the
motion which carried 7-0.
(D) Variance request at 3855 South Cobb Drive.
The three variances requested for development of mini -warehouses at 3855 South
Cobb Drive were not heard due to the zoning denial.
(E) Rezoning request - Cooper Lake Road west of King Valley Road from
Office/Institutional to R-12.
John Patterson said that Mr. Robert White is requesting that this 25.66 acre
tract be rezoned from 0&I to R-12 for construction of 62 homes. Property to
the north and east is R-20 with 0&I to the south and west. The Planning and
Zoning Board recommended the zoning be denied. There was no opposition.
Mr. White said his construction company was Venture Homes, Inc. and he has
worked in Smyrna for about 8 years, currently building on Nickajack Road at
Ann Place. They desire to build single-family residential homes on this
property. It is a rough piece of property with the railroad bed on the south
side. A design use plan was prepared for R-12 which would yield 63 homes.
After submitting that plan to Planning and Zoning they did not feel that was a
good designation and Hugh Ragan also thought a higher zoning designation would
be more compatible. The plans were revised to R-15 which reduces the number of
lots from 63 to 59. Mr. White said one of the reasons for asking for R-12 was
to locate the road and houses further away from the railroad tracks which also
resulted in a reduction of the north lying lots. Mr. White said he would also
like for council to consider a variance later on if they are to change the
zoning tonight from R-12 to R-15. Hugh Ragan said he was not willing tonight
to offer a guarantee that they would approve variances on lot size reductions
for an R-15 development. Hugh said he realized he had a problem by abutting
the railroad track and the City would be willing to work with him,'but they
could not make that guarantee tonight. Mr. White said he was only trying to
make the houses more marketable by providing more buffer area between the
railroad bed and was not trying to increase the density or change the size of
the house. Mr. White said they were going to build the same size and same
price house, regardless of the zoning. Homes will range from 1800 to 2400
square feet in the $109,000 to $140,000 price range.
Hugh Ragan said we need to protect the integrity of the neighborhood and keep
something that is consistent with the surrounding area. Hugh also reminded Mr.
White that water and sewer service would be provided by the county.
After further discussion, Hugh Ragan made a motion the zoning be approved from
0&I to R-15 with the following stipulations:
1) Each house contain a minimum of 1800 square feet of heated floor space
2) The homes be designed and constructed to provide consistency and
compatibility with the surrounding homes in the area
3) Water and sewer service be approved by Cobb County
March 16, 1987 - continued
4) Site plan be approved by the City Engineer to ensure that city ordinances
are complied with and that provisions are made for safe ingress and egress
into the development.
Jerry Mills seconded the motion which carried 7-0.
(F) Beer and wine pouring license request (management change) - Sizzler Steak
and Seafood Restaurant, 2731 South Cobb Drive
John Patterson said that William E. Hassell has submitted an application as
the appointed agent for Sizzler Steak Restaurant where he is,the manager. The
police investigation and administrative check were favorable. There was no
opposition from the audience.
Mr. Hassell said he was familiar with the alcoholic beverage ordinance of the
City and realized he would be responsible for it. Mr. Hassell said he has had
no previous problems at this location. With little discussion, Jack Shinall
made a motion the license be approved. Kathy Brooks seconded the motion which
carried 7-0.
FORMAL BUSINESS:
(A) Ordinance revision - Section 19, Soil Erosion, Sedimentation Control and
Tributary Protection.
John Patterson said we have been mandated by the State Environmental
Protection Division to modify our ordinance to reflect "Cobb County District"
where ever it says "Smyrna" in the Soil Erosion and Sedimentation Control and
Tributary Protection ordinance. The particular soil and water conservation
districts are not by city, but by county or regions and therefore, our code
needs to say Cobb County District whererver it says Smyrna because this is the
basin area we are in.
Joel Harrell made a motion the following ordinance amendments be approved:
Section 19-2 (18): By replacing "Smyrna" with "Cobb County District"
throughout said section.
Section 19-10:
By adding a new Section 19-10 to read as follows:
(a) EFFECTIVITY. This article (Ordinance No. 85-10) shall become effective
on March 21, 1977.
(b) VALIDITY. If any section, subsection, paragraph, clause, phrase, or
provision of this article shall be adjudged invalid or held unconstitutional,
such decisions shall not effect the remaining portions of this article.
Section 19-3: By deleting Section 19-3 in its entirety and replacing with the
following:
SCOPE AND EXCLUSIONS: This ordinance shall apply to any land -disturbing
activity undertaken by any person on any lands other than Federal and State
lands, except for the following:
A. "Surface mining," as same is defined in sub -section (a) of Section 3 of
the "Georgia Surface Mining Act of 1968" (Ga. Laws 1968, p.9) as now or
hereafter amended;
B. Granite quarrying and land clearing for such quarrying;
C. Such minor land -disturbing activities as home gardens and individual home
landscaping, repairs, maintenance work and other related activities which
result in minor soil erosion;
D. The construction of single-family residences when they are constructed by
or under contract with the owners for this occupancy;
E. Agricultural practices involving the establishment, cultivation or
harvesting of products of the field or orchard, preparing and planting of
pasture land, forestry land management practices, including harvesting, farm
ponds, dairy operations, livestock and poultry management practices, and the
construction of farm buildings;
March 16. 1987 - continued
F. Any project carried out under the technical supervision of the Soil
Conservation Service of the United States Department of Agriculture;
G. Any project involving one acre or less; provided, however this exemption
shall not apply to any land -disturbing activity within 200 feet of the bank of
any State waters and for purposes of this paragraph, 'state waters' excludes
channels and drainageways which have water in them only during and immediately
after rainfall events and intermittent streams which do not have water in them
year round; provided, however, that any person responsible for a project which
involves one acre or less, which involves land -disturbing activity, and which
is within 200 feet of any such excluded channel or drainageway must prevent
sediment from moving beyond the boundaries of the property on which such
project is located.
H. Construction or maintenance projects, or both, undertaken or financed in
whole or in part, or both, by the Department of Transportation, the Georgia
Highway Authority, or the Georgia Tollway Authority; or any road construction
or maintenance project, or both, undertaken by any county or municipality; or
construction and maintenance, or either, by any water or sewerage authority
established by the General Assembly of this state; provided, however, that
such projects shall conform to the specifications used by the Department of
Transportation for control of soil erosion and sedimentation on its highway
constructon projects;
I. Any land -disturbing activities conducted by any airport authority, but any
such land -disturbing activity shall conform as may be feasible and practicable
to the minimum standards set forth in Section 5 of this ordinance;
J. Any land -disturbing activities conducted by any electrical membership
corporation, municipal electrical system or any public utility under the
regulatory jurisdiction of the Public Service Commission, but any such land -
disturbing activity shall conform as may be feasible and practicable to the
minimum standards set forth in Section 5 of this ordinance.
Section 19-4(d)(1)(c): Replace "Smyrna" with "Cobb County District"
throughout said section.
Section 19-40)(4): Replace "Smyrna" with "Cobb County District" throughout
said section.
Bob Davis seconded the motion to approve the amendments which carried 7-0.
Mayor Bacon said that item 5-B, revision to Section 712.4 of the ordinance,
was earlier removed from the agenda.
BID AWARDS
(A) Police Vehicles.
John Patterson said that bids were requested for 6 new vehicles for the police
department. Three bids were received from Wade Ford, Airport Ford and the
State Contract price. Based on the recommendtion of John Patterson, Jim
Hawkins made a motion the bid be awarded to Wade Ford, the local dealer at
$10,900 each which is only 3% above the state contract price. Jack Shinall
seconded the motion which carried 7-0.
(B) PA system for Judicial Building.
John Patterson said a new PA system was necessary for the new courtroom and
recommended the low bid be awarded. Jim Hawkins made a motion the low bid of
$1,770 be awarded to Northside Electronics to be paid from the Contingency
Fund. Kathy Brooks seconded the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS
(A) Jeff and John Long requested a building permit for new construction of an
office medical condominium at 3452 South Cobb Drive at an estimated -cost of
$1,500,000. Jim Hawkins made a motion the building permit be approved. Hugh
Ragan seconded the motion which carried 7-0.
(B) Pinkerton & Laws requested a building permit for the new shopping center
on Lusk Drive at a total estimated cost of $2,735,000. Jim Hawkins made a
motion the building permit be approved. Hugh Ragan seconded the motion which
carried 6-1, with Joel Harrell opposed.
March 16, 1987 - continued
MELINDA DAME ON, CITY CLERK
(C) Pinkerton & Laws requested a building permit for construction at the site
of the new shopping center on Lusk Drive at total estimated cost of $356,000.
Jim Hawkins made a motion the permit be approved. Jerry Mills seconded the
motion which carried 6-1, with Joel Harrell opposed.
(D) Pinkerton & Laws requested a building permit for construction at the site
of the new shopping center on Lusk Drive at a total estimated cost of
$570,000. Jim Hawkins made a motion the permit be approved. Jerry Mills
seconded the motion which carried 6-1, with Joel Harrell opposed.
CONSENT AGENDA
(A) 4th of July fireworks display
(B) Civil Service Board - fire personnel classification
(C) Parade permit and street closing for Jonquil Festival
(D) Blocking of Bank Street on April 4th
(E) Restriping of Concord, Benson Poole & Cherokee Road
Kathy Brooks made a motion the consent agenda be approved, seconded by Hugh
Ragan. Jim Hawkins said he did not remember seeing item B and was not familiar
with it. After discussion, Jack Shinall made a motion that item B be removed
from the consent agenda. Bob Davis seconded the motion which carried 7-0.
Joel Harrell then made a motion that items A, C, D and E on the consent agenda
be approved. Jerry Mills seconded the motion which carried 7-0.
COUNCIL INPUT
Jack Shinall said the workshop with the Planning and Zoning Board last weekend
was very beneficial and he would like to follow through with specific
guidelines to pass on to the Board and re-establish the planning process to
aid council in moving ahead.
Kathy Brooks also said it was a very productive session and she looked forward
to working more closely with the Planning and Zoning Board.
Hugh Ragan said we do have a new court room and are in the process of
developing a new court system. Hugh asked those that have not already done so,
to stop by and see the newly renovated building.
Hugh Ragan also reminded everyone the new 911 system is in operation and
encouraged everyone that needs emergency assistance to use it.
Mayor Bacon said the restriping of Concord Road was approved on the consent
agenda tonight and we will also install reflectors. Mayor Bacon asked John
Patterson to meet with Georgia Power and work up the cost for street lights on
Concord Road all the way to Hurt Road.
Mayor Bacon reminded everyone that on March 26th Thea Powell would be here for
a town hall meeting to discuss issues pertaining to the city and county.
Mayor Bacon congratulated SAA again for the fine job they are doing. We have
some good youth associations and council has some ideas about recognizing
these other groups.
With no further business, meeting adjourned at 9:51 p.m.
A. MAX BACON, MAYOR
//�e � 7
BOB DAVIS, WARD 1