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07-21-1986 Regular Meeting (2)July_21l_1986 The regular scheduled meeting of Mayor and Council was held July 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. Also present was City Administrator John Patterson, City Clerk Willouise Spivey, City Attorney Charles E. Camp and representatives of the press. Invocation was given by Eric Matheson, Pastor of Norton Park Baptist Church followed by the pledge to the flag. CITIZENSINPUT: Mayor Bacon recognized Public Service Commission candidate Gary Andrews. DEPARTMENT REPORTS: Reports were given by Fire Chief Larry Williams, Police Chief R. E. Little, Emergency Management Director Jim Farley and City Administrator John Patterson. PUBLIC HEARINGS: ---------------- (A) Approval of Future Land Use Map. John Patterson said the future land use map being presented tonight reflected the council's interpretation of future growth patterns. The map is the beginning of a comprehensive plan being prepared by Hensley -Schmidt. One public hearing has already been held to receive public input. Paul Griggs with Hensley -Schmidt explained the classifications, especially the Restricted Commercial and Business Park classifications. The Restricted Commercial will replace the existing Limited Commercial category and will be more restrictive and provide for more controlled growth. The Business Park classification will provide basically for single -story office and some light warehousing distribution, eliminating the outside storage and other problems we have had with the existing Light Industry classification. John Hicks questioned the 10 foot driveways allowed now in residential areas which have changed to commercial. Mr. Hicks was told that this would be one of the changes made from our existing ordinance. Gary Marcus said he thought this was a question of liberty and was against anyone telling people what they can and can't do with their land. Jack Shinall said this was not a zoning map; it is a guideline for council to use in controlling future growth and is intended to protect everyone. Jack Shinall made a motion the future land use map as presented by Hensley -Schmidt this evening be adopted. Jim Hawkins seconded the motion which carried 7-0. (B) Rezoning request - 1.23 acres on Crumley Drive from R-15 to RM-12. John Patterson said that Rob Berry came before council July 7th and requested rezoning of this property. After discussion with staff and Jerry Mills, Mr. Berry has requested that the rezoning be changed from R-15 to RD-4 for construction of quadriplexes. With that change, Mr. Berry will essentially eliminate the need for the 7 variances required for development under RM-12. The RD- 4 will allow construction of 12 units with only one variance necessary. There was no opposition. Mr. Berry said these 4 unit buildings would have a distinctive residential look with each unit renting for about $500 per month. Crumley Drive will be widened and paved with street lights, etc. The units will be 1150 to 1200 square feet, 2 bedrooms and 2 baths. ,-July_21l_1986_continued Jerry Mills made a motion the property be rezoned to RD-4 as requested with the understanding that Crumley Drive from Whitfield to Roswell Street be paved, curbed and widened; fiberglass light poles, fire plugs, etc. to be installed and approved by the City Engineering Department, with the architectural design to also be approved by Jerry Mills and John Patterson. Jack Shinall seconded the motion which carried 7-0. (C) Variance request - development of 1.23 acres on Crumley Drive. Mr. Berry said he would need a variance of 16 feet on minimum lot width for development of two of the lots. There was no opposition and Jerry Mills made a moiton a 16 foot variance at the setback line be granted. Jim Hawkins seconded the motion which carried 7-0. (D) Variance request - rear yard setback and reduction in parking requirements for development at 629 and 645 Cherokee Road. John Patterson said that Tom Wilder came before council July 7th with this variance and there was some opposition. There was some discussion about the additional right of way being acquired from the State for the widening of Cherokee Road which would have an adverse impact upon this property. In conjunction with that, he is asking to reduce the rear yard setback from 50 feet to 10 feet and also a reduction in parking requirements from 5.5 to 4.3 spaces per 1,000 square feet. There were two in opposition and representatives from both sides were sworn in by Mr. Camp. Mr. Wilder said he had met with the people in opposition following the last meeting. Mr. Wilder said he got the impression from that meeting that if he was willing to purchase their property, there would be no opposition to the variance. Mr. Wilder said he was not financially prepared to purchase the property and the meeting ended with the issue still unresolved. There was some discussion about placing a 12 foot wooden fence along the rear property line but basically the discussion centered around the purchase of their property. Kathy Brooks asked about water retention due to the slope of the lot. Mt. Wilder said a retention pond would be provided to eliminate any additional runoff. There would be nothing behind the buildings and deliveries would take place in the front due to the nature of the businesses located there. The dumpster will be placed on the side of the property. Harold -Maddox from 644 Burbank Drive said he did not want the building within 10 feet of his property line. The existing buffer is not effective and noise has always been a problem the commercial use at that location. Mr. Maddox said he would have no objection to a 15 foot variance, provided that Mr. Wilder would erect a 10 foot structured fence. Allen Davis of Burbank Drive also spoke in opposition. Mr. Davis said he thought council should adhere to the city ordinances and require developments to conform to established requirements. Mr. Davis said he did not want any commercial development to come within 10 feet of his property. Following a lengthy discussion Kathy Brooks made a motion the rear yard variance be reduced to 35 feet from the property line, that a 10 foot fence be erected, parking reduced from 45 to 35 spaces, with two spaces reserved for handicapped. Jerry Mills seconded the motion. Following a question from Jerry Mills, Kathy Brooks said this would be a wooden fence, to run the entire length of the property. Vote on the motion carried 7-0. 1u1y_21L_1986_continued (E) Variance request - side yard reduction for carport construction at 1271 Falling Water Drive. John Patterson said that Lynn Rolfe came before council June 16th with this variance which was tabled to get the affected property owners together to discuss this item. Ms. Rolfe is asking a side yard variance from 8 feet to 1.5 feet to accommodate a carport and stairway. Mr. Greg Mammoser built this addition when he was the owner of the unit which Ms. Rolfe has now acquired through a lease/purchase agreement. There were 2 in opposition and representatives from both sides were sworn by Mr. Camp. Ms. Rolfe was represented by Attorney Bill Miningham. Mr. Miningham said Ms. Rolfe moved into the home in March and did not alter the premises or structure; it was built a year or so prior to her acquisition of the property. There were apparently no complaints from the neighbors until Ms. Rolfe moved in. She would like to be able to maintain the use of the structure by parking under the deck as the previous owner did. Bob Davis said he had met with Ms. Rolfe and the neighbors during the last few weeks. The addition of a deck to the condominium is allowed by ordinance, but by virtue of the parking underneath the deck, the structure becomes a garage. Building permits were obtained, for construction of a deck only. Mr. Mammoser said he had absolutely no complaints during the time he lived there. Before he began construction he called the Inspections Department and was told by the Inspector that there was no reason why he should not be able to park a car underneath. At a later date it was determined by the City that the structure was a carport and not in conformance with the ordinance. Kathy Whallen said she lived next door and was never informed by Mr. Mammoser of his intentions concerning the addition until construction was completed. The construction never had the approval of the architectural review committee of the Falling Water development. Ms. Whallen said she had a petition from the homeowners surrounding 1171 Falling Water, stating their dis- satisfaction with the structure. Ms. Whallen said the structure was out of place in the neighborhood and felt she would suffer devaluation of her home. Mrs. Whallen said the structure was a detriment to the neighborhood and recommended it be removed. Bob Davis said there was a list of 19 residents in Falling Water that had no objection to the variance but Mrs. Whallen had tonight also presented a list of 18 residents with 10 in the immediately affected area who were opposed. During discussion it was also brought out that the addition was also built on a city sewer easement. Bob Davis said this was a very difficult decision to make and he sympathized with both parties. Neither of the young ladies involved had anything to do with the cause of the problem. The structure is built within one and one-half feet of the property line which places it very close to Ms. Whallen's door. In order to minimize the inconvenience to the adjacent property owner, Bob said he felt it was fitting and proper to deny the variance for the structure to be used as a carport instead of a deck. Bob made a motion the variance be denied; that the front of the area presently used to drive cars through be closed, with the exception of a doorway to allow pedestrian traffic to gain access to the back of the property. This enclosure should be attractive and in keeping with the homes in the area. Jack Shinall seconded the motion. Chuck Camp said if it was necessary for the City to dis-assemble the structure at a later date in order to gain access to the sewer easement the City would not have to pay for repairs to build it back. Vote on the motion to deny carried 7- 0. ,;July_21�_1986_continued (F) Variance request - rear yard setback for addition to building at 2300 Atlanta Road. John Patterson said that Dempsey Moseley of the Atlanta Road Body Shop at 2300 Atlanta Road has asked for a variance to attach a Down Draft spray booth to the rear of his existing body shop which will require a reduction in setback requirements from 50 feet to 25 feet. This is the only location on the property that is feasible for his operation. The affected adjacent property owner has signed a letter stating he has no objection. There was no opposition from the audience. With little discussion Kathy Brooks made a motion the variance be approved. Jack Shinall seconded the motion which carried 7-0. (G) Variance request - front yard setback and reduction in parking requirements at 2270 Ventura Road. John Patterson said that Mr. Leonard M. DeFoor had requested a reduction in the rear yard setback requirements from 40 feet to 30 feet and a reduction in parking spaces from 71 to 41 for construction of a strip shopping center between Ventura Road and South Cobb Drive. The main store area will be on grade with South Cobb Drive and the lower level will be on grade with Ventura. There was no opposition from the audience. Mr. DeFoor presented plans of the proposed development and said several of our local business people had already expressed an interest in leasing space. Rental space on the basement level will not have access to South Cobb Drive and probably cannot be used for retail sales. One curb cut is planned for South Cobb Drive with two on the Ventura side and an acceleration/deceleration lane would also be provided on South' Cobb if requested. Following discussion Kathy Brooks made a motion the variance be approved to reduce the front yard setback on the Ventura Road side from 40 to 30 feet. The variance to reduce the number of parking spaces will not be required since the lower level will not be used for retail sales establishments. Jack Shinall seconded the motion which carried 7-0. (H) Request for beer and wine pouring license - Howard's Delicatessen, Cobb Center Mll. John Patterson said that Howard Martin had submitted an application to allow the sale of beer and wine at his new restaurant soon to open in Cobb Center Mall. There was no opposition and the police background investigation was favorable. With little discussion Kathy Brooks made a motion the license be approved. Jerry Mills seconded the motion which carried 7-0. (I) Variance request - distance requirement. John Patterson said that Joe Boling had constructed a horse stable at- 3100 Old Concord Road which lies within 300 feet of inhabited residential dwellings and a violation of Secton 4-2 of the ordinance. The stable was permitted by the City and it is unclear as to whether or not the dwellings were occupied at the time the building permit was issued. Letters from the affected adjacent property owners giving their approval have been submitted as well as a letter from Jack Thompson, developer of the Oaks of Concord. Mr. Boling said when he started construction there was one building at the Oaks of Concord that was in question but the woods were so thick it was impossible to tell that it was there. Many of the trees were removed at the request of Rev. Doyle Galloway who also owns adjacent property on Old Concord Road which exposed the building and it was then discovered that he was 1u1y_21l_1986_continued within 300 feet. Mr. Boling said he had not encountered any opposition from residents of the Oaks of Concord. Jack Shinall made a motion the variance be approved with a $200 fine assessed for the encroachment. Hugh Ragan seconded the motion which carried 7-0. FORMAL BUSINESS: ---------------- Validation of signatures to annex 7.026 acres - Hargrove at Curtis Drive. Attorney Camp read an application for annexation of property in Land Lots 881 and 846 signed by Terrence L. Hartigan of Wilma Southeast, Inc. as follows: We the undersigned, who constitute sixty percent (601%) of the owners of the land area by acreage of the area described below, which is unincoroprated 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: V All that tract or parcel of land lying and being in Land Lots 881 and 846 of the 17th District, 2nd Section of Cobb County, Georgia, and being,more particularly described as follows: BEGINNING at an iron pin set at the point formed by the intersection of the northerly right of way line of Curtis Drive (50 foot right of way) and the easterly right of way line of Hargrove Road (80 foot right of way), running thence north 78 degrees 30 minutes 23 seconds east along said northerly right of way line of Curtis Drive a distance of 266.03 feet to a point; running thence northeasterly, easterly and southeasterly, and continuing along said northerly right of way line of Curtis Drive and along the arc of a curve to the right (said curve having a radius of 216.927 feet) an arc distance of 103.00 feet to an iron pin set; running thence southeasterly, and continuing along said northerly right of way line of Curtis Drive and along the arc of a curve to the right (said curve having a radius of 216.927 feet) an arc distance of 16.14 feet to a point; thence running south 70 degrees 01 minuts 32 seconds esat, and continuing along said northerly right of way line of Curtis Drive, a distance of 175.08 feet; thence across said right of way line and running south 12 degrees 58 minutes 16 seconds east a distance of 280.83 feet to a point; thence south 14 degrees 56 minutes 54 seconds west a distance of 214.49 feet to an iron pin set; thence south 14 degrees 56 minutes 54 seconds west a distance of 309.94 feet to an iron pin found; thence south 19 degrees 02 minutes 05 seconds west a distance of 2.46 feet to a point located on said easterly right of way line of Hargrove Road; running thence north 54 degrees 05 minutes 30 seconds west along said easterly right of way line of Hargrove Road a distance of 116.69 feet to a point; running thence northwesterly, and continuing along said easterly right of way line of Hargrove Road and along the arc of a curve to the right (said curve having a radius of 778.510 feet) an arc distance of 528.63 feet to a point; thence north 15 degrees 11 minutes 10 seconds west, and continuing along said easterly right of way line of Hargrove Road, a distance of 313.59 feet to an iron pin set at the point of BEGINNING; said property containing 7.026 acres, as shown on that certain plat of survey entitled "Survey or Curtis 1000 Inc.,, American Business Products, Inc., 2100 RiverEdge Associates, Ltd.," prepared by Lloyd C. McNally, Jr., Georgia Registered Land Surveyor No. 2040, dated September 28, 1983, as last revised August 15, 1985, which plat of survey is incorporated herein by reference. Also, an adjoining tract lying contiguous to the above described property and being known as particularly described as follows: Hargrove Road and being more All that tract or parcel of land lying and being in Land Lots 881, 846 and 847 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: w BEGINNING at the centerline of Hargrove Road at Spring Road, said proerty being a strip of roadway 80 feet in width, lying 40 feet on either side of the centerline; running thence in a southeasterly direction along the centerline of Hargrove Road a distance of 1,359 feet more or less. 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 holders of the fee simple title, or his legal representative, of 60% of the land area above described by acreage: s/TERRENCE L. HARTIGAN, Senior Vice President, Wilma Southeast, Inc. Bob Davis made a motion the petition be validated and the public hearing set for August 18, 1986. Jack Shinall seconded the motion which carried 7-0. (B) Validation of signatures to annex 5,566 feet of railroad right of way. Attorney Camp read an application from Seaboard System Railroad to annex a strip of railroad right of way in Land Lots 548, 547, 606, 619, 678 and 691 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 unincorported 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: BEGINNING at the centerline of the Seaboard Coastline Railroad and the western right of way line of South Cobb Drive, 920 feet more or less east of mile post 581, said railroad right of way being 140 feet at this point; continuing along the centerline of the railroad right of way 290 feet more or"less to the east line of Land Lot 678, said railroad right of way becoming 170 feet at this point; continuing 1,360 feet more or less to the east line of Land Lot 619, said right of way becoming 190 feet at this point; thence 2,686 feet more or less to the east line of Land Lot 547, said right of way becoming 170 feet at this point; thence 940 feet more or less to a point where the right of way changes to 360 feet; continuing along the centerline of said railroad right of way 290 feet more or less to a point where the right of way changes to 170 feet, said point being 415 feet more or less east of mile post 582. 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 holders of the fee simple title, or his legal representative, of 60% of the land area above described by acreage: s/JAMES L. KEESLER, Assistant Vice President Real Estate, Seaboard System Railroad, Inc. Hugh Ragan made a motion the petition be validated and the public hearing date set for August 18, 1986. Jerry Mills seconded the motion which carried 7-0. (C) Establishing sewer tap fees for warehouses. July_21l_1986_continued John Patterson said we have been establishing tap fees for warehouses based upon their square footage which isn't an equitable measure of the waste water that they would generate. It is proposed that the fee schedule be amended to provide a tap fee for warehouses of $600 for up to four fixtures and $100 for each fixture unit thereafter, and thereby not be paying for storage space. Joel Harrell made a motion the sewer tap fees for warehouses be established at $600 with $100 added for each additional fixture over the 4 that would be allotted. Jerry Mills seconded the motion which carried 7-0. BID AWARD: (A) John Patterson said proposals were recently submitted from many engineering firms to conduct a comprehensive drainage study' for the City and those have been reviewed by the Public Works Committee. Based upon the recommendation of John Patterson, Joel Harrell made a motion the drainage study proposal be awarded to Foxworth, Swift & Associates in the amount of $76,164 with $70,000 coming from the budget for the study and the remaining $6,164 coming from the budgeted amount for construction of the drainage improvements. Kathy Brooks seconded the motion which carried 5-2 with Jack Shinall and Jerry Mills opposed. COMMERCIAL_ BUILDING_ PERMITS: (A) Pizza Hut requested a permit for new construction at 3815 South Cobb Drive at a total estimated cost of $246,000. Hugh Ragan made a motion the permit be approved subject to approval if the Inspections Department, Fire Marshal and City Engineer. Jack Shinall seconded the motion which carried 7-0. - COUNCILINPUT_ Joel Harrell reminded everyone of the water shortage and asked for cooperation in our conservation plan. Jack Shinall asked John Patterson to direct Mike Hutchinson to look into the matter of the deck additions to townhouses since the narrow space between these units do not lend themself to additions. Hugh Ragan said proposals are currently being drafted for the employee benefit study and hopefully when completed, we can improve in this area. With no further business, meeting adjourned at 10:49 p.m. -� ------------------------------------------------ ---- ---- A. MAX BACON, MAYOR WILLOUISE C. SPIVE CIT LERK i --- -----=--------- - ---------------------- BOB DAVIS, WARD 1 J EL HARRELL, WARD 2 I� -------------- LLS, WARD 3 JAMES M. HAWKI S, WARD 4 ----------------------- - C-- - ------------ SHINALL, WARD 5 KATHY BROtS, WARD 6 I- 6iARR -----------HU H GAN, 7 Cedar Cliffs Neighborhood Association, Inc. c/o 1669 Cedar Cliff Drive Smyrna, Georgia, 30080 Mr. Joel E. Harrell Councilman, Ward 2, City of Smyrna June 29, 1986 Dear Mr. Harrell: At a meeting sponsored by Cedar Cliffs Neighborhood Association, Inc., on June 24, 1986, Mr. Fred Skiba and Mr. T. L. Halfen discussed the plans of AFR Properties, Inc. to develope a 20.74 acre tract off of Ridge Road, subject to its rezoning from R-20 to R-15. A portion of this tract (1.21 acres),'_ currently owned by Ridgeview Institute, lies within the city limits of Smyrna and will soon be up before the Smyrna City Council for rezoning. Following our meeting with Mr. Skiba and Mr. Halfen, the Cedar ,. Cliffs residents present agreed to support the rezoning of this property from R-20 to R-15 subject to the following stipulations: 1) Homes will be built as close to the curt; -as allowed 'by minimum setbacks wherever possible. 2) On lots adjacent to Cedar Cliffs subdivision, there will be a 45-foot setback from the rear property line. 3) Minimum 2000 square -foot heated floor, space in every home. 4) Underground utilities throughout the development. 5) Fiberglass streetlight -poles. Present at the meeting were residents of four lots that border the property up for rezoning. Mr. Skiba's good faith in meeting with us at our convenience and agreeing to these stipulations was greatly appreciated. Attached is a copy of the subdivision plan presented to us by Mr.Skiba. Thanks as always for your responsive representation of the people of Ward 2. Sincerely,. cc: Mr. Fred Skiba Mr. Max Bacon Ann Kirk, President, CCNA,Inc. N/F q I Q CEDAR CLIFFS - UNIT l Ar ij C/7Y Or SMYRNA 2 wtr:�i c (I{ii el IF w u ro / \\'Al rf / 12 AL C/rY OF SMYRNAr I j \\ \ // It jo to NIF FLORENCEKGEORGE ESTATE ;; a/ .�/� \ H� l 4•'\V. 9 NIF CX/S7/N6 ZON/NO COBS coLwrY • R-Yo i r .� ad CAN/ELL . ,y \ MSr" ZANNM CITY W SA/YRNA • R-ZO • / �` /�� \\ PAOMSEO ZONING COBS COVArr • R-I1 AVOMSED ZONING MY OV'SMYRNA • R-IS � rm AREA COBS COVN7Y • /P. SS AC. AREA C/7Y 0/SMYRNA•I,Z/AC p\ dl,1r 11,11 Ilk 1V7AL AREA • ZO74 AC. : .' -f� l ^ . m Q�p P E R r�ES TOTAL NO. LOTS • SI C/rr OF SMYRNA OENS/7Y • 18J LDW ACer • A 4 'L 3, two r rr!•,r" 4.• j r N .Y -- — -i„tE � Giicc*'C SCA C in fE(I IPu HAWTHORN AVE, —� HAWTFgRNE AVE. � I - 7D x\ \ o�. N / F LE xiNGipl, ETD ` 2-.G RM-12 E", \ e T RE" , -Ds ZONED R-20 NORTHWEST CORRIDOR PROPERTIES i 400 PERIMETER CENTER TERRACE, N E. ATLANTA, GEORGIA 30346 (404) 971-4020 ZONING DATA PkE:LNT ZONING EC N K6E0 ZDNWG 6D SRE AREA 3176 AC D-DG SETBACK ONES FRONT IA1SA' REEAR BNSIGE Y4 IG RU.11:-_ TOTAL FAR.G 140 SPACES WR SIZE (Exc EFT A535 0—! 9v,04M NV DNri4ir.'n Ex F RAI tf i FA;.L tEi U_M:Lli.ti: fhGDEOaNG ASSOCkT6jn WTED )-ti-�, lASi FQV J1B5 Fr epar vJ Dy J.S. ROSS !, ASSOL, INC. Par 1 — M.-etc> t.:y Suite 1='- H>rietta, Georgia 3OC-67 PllOn e: 42c-1732 ZONING PLAT FOR NORTHWESTCORRID IR PROPERTIES LOCATED IN L L. 592 DISTRICT U, SECTION 2 s e'" CITY OF SMYRNA COW COUNTY GEORG-` DATE- 6-24-66 SCALE i•i:: 0 � r27,, �Yi�t� ix�r�yrra�c . F1 �- NO Tars (l) ReAT 9AS4F0 Gu/SVoCVdrY 3Y /NA iFS, S4JQZ E.C7 ,V % L. D Y.E STREET . ErNExE� 6E �� � , JOH V CARSGV s Y. A. Q414w�/~ ��(L1 Tor.4c ace�.a�=/.Go3ac. (3) ,444 SANl7A,eY SeFk/49W 43 3 /S �X /S T/.c/ b kr �41 oh v V //,lobo r3F O hN �� ^/et7'/v'aoF 97c3' h `L N 33• v +s lH - v r sc .W S �+•L3.0 �s yVo t IVA 0,4 YENPORT TOWN6HI P 1, Q �% [.hN D Go T 68�. —19r� Des sit s Z.�►� S cc Ti4c/ iY NO 15535 C 066 ,Co4zA/7Y , 6EO,0 6/A DA 7C "RO aSIOHAC • ARNEt�va�� ORNERSTONE. - DESIGN L DEVE LOPMENT INC P. rq