08-17-1987 Regular MeetingAugust 3, 1987 - continued
Jim Hawkins said that due to the growth of the City, there is an on -going
problem with communications in our police department. When the police cars
patrol the south side of the City, there are "dead spots" where they are
unable to make radio contact with the base station and this is a very serious
condition. $6,000 was budgeted for two additional towers and Jim said we hoped
to have this problem resolved within the next few weeks.
Jim Hawkins said the 1986-87 budget contained 6 additional police officers and
he would be calling for a committee meeting soon to get approval in moving
ahead and filling these positions immediately. Jim said the police department
is somewhat under staffed now.
Jim Hawkins said he would like to see a permanent policy in place of offering
a $50 reward for information leading to the arrest of littering.
Jerry Mills said he had received a request for 4-way stop signs at Knoll and
Turpin Roads since a child was hit by a car there recently and made a motion
the rules be suspended. Jim Hawkins seconded the motion which carried 7-0.
Jerry Mills made a motion 4-way stop signs be placed at the intersection of
Knoll and Turpin Roads. Jim Hawkins seconded the motion which carried 7-0.
Joel Harrell said the Public Works Committee would soon be having a meeting to
study the drainage reports prepared by Foxworth-Swift. Also, Joel asked
everyone to bear with us during the construction work going on all over the
City. These are local, county and state projects.
Mayor Bacon said Evan Wix finished 4th in the high jump and Casey Wix finished
9th in the shot put during the National Junior Olympics recently held in Utah
and congratulated them. Also on August loth, a group of Smyrna girls will
leave for the Junior Olympics and their trip will be totally funded through
donations.
Mayor Bacon said he would be making a statement this Friday about the proposed
conversion of Dobbins and he was also very much opposed to any changes there.
Everyone is invited to attend this hearing which will be held at the Marietta
City Hall.
With no further business, meeting adjourned at 9:38 p.m.
A. MAX BACON, MAYOR
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BOB DAVIS, WARD 1
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SHINALL,
HUGH IeAGAtV WARD 7
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JOEL HARRELL, WARD 2
/JAMES M. HAWKINS, WAFP 4
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August 17, 1987
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The regular scheduled meeting of Mayor and Council was held August 17, 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 Reverend Richard Hemphill, pastor of Trinity Baptist
Church, followed by the pledge to the flag.
August 17, 1987 - continued
CITIZENS INPUT: Nothing to report.
Mayor Bacon said that Doris Morris would be retiring as Librarian for the City
effective the end of this month and presented her with the traditional crystal
jonquil. All members of council wished Doris well in her retirement and Hugh
reminded everyone of the reception August 23rd at the Library in her honor,
with the public invited.
DEPARTMENT REPORTS: Reports were given from the Fire, Police and Community
Development Departments.
PUBLIC HEARINGS:
(A) Annexation of 4.9162 acres at Atlanta Road/Jane Lyle Road.
John Patterson said that Marion Blackwell, Jr. has requested the annexation of
4.9162 acres at the southeast corner of Atlanta Road and Jane Lyle Road. There
was a large group in opposition and 6 people representing the group were sworn
in by Mr. Camp. Mayor Bacon reminded everyone that this item on the agenda
addresses the annexation only, and has nothing to do with the rezoning.
Ralph Hancock said his objections are not just based on this property tonight,
but are based on the fact that the City recently annexed the Post Properties
tract adjacent to this and he was concerned that the City would continue
annexing along Atlanta Road and the entire area would become over developed.
Also, he was afraid that Jane Lyle would be used as a short cut to Springhill
Road once it was realigned to tie into Ridge Road. Mr. Hancock said he felt
it would become a disaster if this area between Campbell Road and Oakdale
became all commercial. Also, he felt the applicant should submit a complete
development proposal for the area and requested the annexation be postponed
until that could be done; if not, then reject it.
Richard Roberts of Cumberland Drive said he was opposed because of traffic
congestion and the uncertainty of the plans by Post Properties for their exit
onto Jane Lyle Road. Jack Shinall asked Mr. Roberts how the annexation could
be detrimental to him. Mr. Roberts said without knowing the answer to the
rezoning question, he really could not answer that.
Terry Howell of Cumberland Place said he was opposed because he did not see
how it could be in the interest of the City to acquire a vacant piece of land
with a delapidated structure on it that could be a danger to the community.
Also, the property has not been purchased for the new right of way of the Jane
Lyle re -alignment and it was his understanding in talking with the County
transportation department that the annexation of this property would make
right of way acquisition more difficult. Also, the annexations in this area
have only caused confusion with police and fire vehicles responding to calls.
Gerald Sams said he was opposed because he did not feel that the City had the
interest of the residents in the area at heart and he would rather the City
did not annex any more of that area.
Joel Harrell said there had been a good bit of discussion tonight about the
Post Properties annexation and the biggest concern most people had was with
land use, rather than with the traffic through the area. Joel said the
opposition here tonight was a little weak. We do not annex property unless the
owners request it and as far as not having the interest of the residents at
heart, there was a lengthy meeting with homeowners and representatives of Post
Properties before their zoning was approved. Joel said he could see no reason
why this property should not be annexed and made a motion the annexation be
approved, to become a part of Ward 2. Jim Hawkins seconded he motion. Hugh
Ragan said he would vote against the motion, primarily because he was opposed
to the rezoning. Vote on the motion to annex the property carried 6-1, with
Hugh Ragan opposed.
(B) Rezoning request - 4.9162 acres at Atlanta Road/Jane Lyle Road from R-20
to General Commercial.
John Patterson said that Marion Blackwell has requested rezoning of this
property from R-20 to General Commercial. To the north, south and west of this
tract is R-20 zoning, with the RM-12 tract to the north. There was a large
group in opposition and two additional people who did not speak during the
annexation hearing were sworn in by Mr. Camp.
August 17. 1987 - continued
Scott Jacobsen represented Marion Blackwell in the zoning request and said
Alanta Road Associates now owns the property and it is not under contract of
any type. They are seeking a General Commercial zoning because they believe
the land is ideally suited for commercial development and would not support
single family developments. Atlanta Road is a major public thoroughfare and
they have been advised by the State Department of Transportation that there
are currently 24,000 cars a day using Atlanta Road. It is planned for
expansion to four lanes in the near future and all new construction recently
has either been for commercial or multi -family. There has not been any new
single family construction in this area for quite some time. Mr. Jacobsen said
he felt their development would fill a need that will be created by the Post
Properties development and it would not disturb the existing neighborhoods.
There is a very preliminary plan by the county for the extension of Ridge Road
and realignment of Jane Lyle to tie into it but Mr. Jacobsen said it is
preliminary and that should not be used to deprive them of the use of their
property. In the event the realignment of Jane Lyle does take place, they have
an alternate site plan as shown tonight and would be willing to accommodate
any changes made by the department of transportation. The alternate plan shows
the new Jane Lyle Road bisecting their property which would involve the taking
of approximately one-half acre, of which the Department of Transportation
would be required to compensate them for. The alternate plan shows the
relocation and reduction of the size of the buildings and the reduction of
entrances on Atlanta Road from 2 to 1. Mr. Jacobsen said that variances would
be required at some future date to accommodate the alternate development plan.
Mr. Jacobsen said they felt General Commercial would allow the highest and
best use of the property and did not think it could be feasibly economically
or constitutionally used for single family development.
Hugh Ragan asked if they had considered another zoning classification. Marion
Blackwell said he did not have any tenants for the development now but they
did not want to limit themselves and have a project they could not finish or
lease. Jack Shinall asked about single family zoning and Mr. Blackwell said
the existing surrounding environment of Atlanta Road would not be ideally
suited for single family. Their intentions are to develop the property
themselves but rather than start right away, would like to wait a few more
months until a decision is made about the road realignment.
Joel Harrell asked if they could develop the property without variances. Mr.
Jacobsen said they were not requesting variances tonight but they will not be
able to use the alternate plan presented tonight without variances. Mr.
Blackwell said they would like to build a shopping center similar to Vinings
Jubilee with 8 to 10 tenants and maybe a branch bank.
Gerald Sams said it appeared Mr. Blackwell bought the property knowing about
the plans for realignment of the road because there were several public
hearings held about the Ridge Road extension. Mr. Sams said he thought the
request should be denied because the plans are still tenative for the road
improvements.
Beverly Howell said no mention had been made of the original plan for
development; they have only seen the alternate plan. Mrs. Howell said she was
concerned with buffers, traffic and there was some question about the zoning
affecting the price of the land for the right of way acquisition.
Lee Browning said she was opposed because she felt the applicants were
speculating and their development would detract from the value of the
surrounding homes. Ms. Browning said she thought their application for zoning
was premature since definite plans for the Ridge Road extension have not been
approved.
Richard Roberts- spoke in opposition because of traffic, and the eventual need
for a light at the intersection after the road improvements are made. Mr.
Roberts said if the zoning was approved tonight he would like a stipulation
that if the property is not developed by the current owners, it would revert
back to R-20. Mr. Roberts also asked if they were willing to donate the right
of way for the project.
Terry Howell said he was opposed because the applicants do not have any
specific plans for the development and because of that was concerned with the
many uses allowed under General Commercial. Mr. Howell said he would also
prefer multi -family zoning over GC.
Ralph Hancock said he had been assured as late as today that Atlanta Road will
definitely be widened and Jane Lyle will be realigned. Traffic is no real
Aueust 17. 1987 - continued
concern because Mr. Hancock said he did not think the shopping center would be
a success. The plans presented tonight will be wall to wall concrete, with no
room for proper landscaping and they have already stated that variances will
be required for development. Mr. Hancock said if council deemed fit to approve
the zoning, then he would suggest they place very stringent stipulatons with
it. Mr. Hancock said it was not suitable for R-20, but there was a type of
residential housing for which this land would be appropriate.
Joel Harrell asked Mr. Jacobsen if they would agree to a stipulation that a
minimum of 15% of the area be landscaped and that a bond of 60% of the value
of the land be posted for 18 months to ensure that there would be proper
vegetation. Mr. Jacobsen said their plans are to build something aesthetically
pleasing but because of the uncertainty of the road improvements did not know
how much land would be left for development. They would be willing to submit a
landscaping plan and would landscape as part of the development, but they
could not commit to the landscaping in terms of percentages because that would
become financially impossible. They were willing to stipulate that they would
not allow any noxious uses on the property.
Jack Shinall asked if they would be willing to sell the right of way for road
improvements at the price they paid for the land. Mr. Jacobsen said his
understanding of condemnation law was that the condemning authority and jury
were supposed to consider all reasonable uses of the property and he thought
they would deem the reasonable use of this property for commercial zoning.
They want a reasonable return from the Department of Transportation for their
property and he thought that is how a condemnation case would be viewed.
After lengthy discussion, Joel Harrell said he thought this was a better
suited rezoning than the one approved at the last meeting for Post Properties.
There are a lot of uncertainties about the Jane Lyle improvements and because
of the concerns with the GC category, there were certain stipulations that
could be placed on the property to satisfy those concerns. Joel Harrell made a
motion the property be rezoned from R-20 to conditional General Commercial for
a strip shopping center and/or one-story office building subject to the
realignment of Jane Lyle/Cumberland Drive through subject land. For the
purposes of this rezoning, the proposed shopping center use of the land shall
mean that it will not include any free-standing convenience stores or service
stations. Also, that no construction will commence on this land for a period
of 9 months from today or until the realignment and right of way for the
relocation shall be worked out with the Department of Transportation. The
final curb cuts will be subject to approval of the City Engineer. Building
will be of a masonry type construction and be of a style that will be subject
to final review and approval of the City Engineer. Landscaping plans will be
reviewed and approved by the City Engineer and the developer shall post a bond
of 60% of the landscaping cost for a period of 18 months to ensure proper
establishment of plants. The developer will also be responsible for all
sanitary sewer connections from the site to the nearest collector. Jerry Mills
seconded the motion.
Hugh Ragan said he would oppose the motion because he felt the the GC category
was too broad. Also, the future land use plan calls for this area to be
residential and it is surrounded by residential. The developer stated tonight
that variances will be required for development at a future date and because
of the uncertainty of the road, felt it may create potential safety problems.
Jim Hawkins said he had a good feeling about the zoning before tonight but was
of the opinion that there was too much uncertainty and would also oppose the
motion.
Jack Shinall said he, too, felt that there were too many unanswered questions
about the development and would also vote in opposition.
Vote on the motion to approve the zoning failed 2-5, with Jim Hawkins, Jack
Shinall, Hugh Ragan, Bob Davis and Kathy Brooks opposed.
Mayor Bacon said there were several people here tonight for building permits
and rather than detain them any further requested that those items be moved up
on the agenda.
COMMERCIAL BUILDING PERMITS:
(A) E. C. Price Contractors requested a building permit for construction of a
car wash at 1625 Smyrna Roswell at a total estimated cost of $50,000. Hugh
August 17. 1987 - continued
Ragan made a motion the permit be approved. Jim Hawkins seconded the motion
which carried 7-0.
(B) Sunrise Developments requested a building permit for a 15,000 square foot
retail center at 822 Concord Road at a total estimated cost of $510,000. Jim
Hawkins made a motion the permit be approved. Jack Shinall seconded the motion
which carried 6-1, with Joel Harrell opposed.
(C) O'Neill Development requested a building permit for construction of a
9,870 square foot retail center at 3231 South Cobb Drive at a total estimated
cost of $350,000. Jim Hawkins made a motion the permit be approved. Jack
Shinall seconded the motion which carried 6-1, with Joel Harrell opposed.
(D) Nichols Group requested a building permit for construction of a 3,000
square foot office building on Hunter Street at a total estimated cost of
$129,000. Jim Hawkins made a motion the permit be approved. Jerry Mills
seconded the motion which carried 7-0.
(E) Yogi Walker Builder requested a building permit for construction of a
printing shop on South Cobb Drive at a total estimated cost of $345,000. Kathy
Brooks made a motion the permit be approved. Hugh Ragan seconded the motion
which carried 7-0.
(F) City Group, Inc. requested a building permit for construction of a 5
story office building at 2233 Lake Park Drive at a total estimated cost of
$5,985,000. Bob Davis made a motion the permit be approved. Jack Shinall
seconded the motion which carried 7-0.
Scott Jacobsen asked to speak to council again concerning the rezoning just
denied for his property at Atlanta Road and Jane Lyle Road. Mr. Jacobsen
requested that council re -consider the annexation appoved earlier since they
felt they had been deprived of the constitutional use of their property. After
discussion, Mayor Bacon told Mr. Jacobsen this issue would be addressed at a
later date, and not tonight.
(C) Rezoning request - property at Concord Road & Legion Drive from Future
Commercial to General Commercial.
John Patterson said that Mr. Bobby James is requesting that this parcel be
rezoned for a restaurant/office building, to become the future home of Bill's
Restaurant. There was no opposition.
Mr. James said this was a one acre site at 1184 Concord Road, directly in
front of the American Legion. They propose to put an 11,625 square foot
building with a brick front. Bill's Restaurant will occupy about 1/3 of the
building and the remainder will be leased. Mr. James said at this time he has
a beauty shop and discount auto parts store that are interested in leasing
from him. They have a landscaping plan and will utilize the existing curb cut
on Concord Road and would also like to have a curb cut on Legion Drive. Mr.
James said they would also be willing to put a fence around the dumpster so
that it will not be visible from the Legion and would have a planted buffer.
Jim Hawkins made a motion the zoning be approved with the following
stipulatons:
1) All sides of the building be bricked, and the dumpster be enclosed on
three sides with a 10 foot wooden fence/
2) That a maintenance bond be provided in the amount of 60% of the total
landscaping cost for 18 months.
3) That a 35 foot building line be used on the back of the property line
and a 10 foot building line be used on the side line adjacent to the American
Legion property.
Jack Shinall seconded the motion which carried 7-0.
(D) Variance request - 2976 South Cobb Drive - reduce lot width from required
100 feet to 0 feet.
John Patterson said that Billy Askea is requesting this variance to allow
construction of an office/warehouse on a parcel which abuts his existing
August 17, 1987 - continued
development. The building will be similar to the buildings that are presently
located on Askea Industrial Drive. There was no opposition.
Mr. Askea said there was no other access to this property and since it did not
have the 100 foot road frontage as required, would be land locked if the
variance was not approved. Mr. Askea said he owned all the adjacent buildings
with the exception of one and there are no other property owners affected.
With little discussion Jack Shinall made a motion the variance be granted.
Hugh Ragan seconded he motion which carried 7-0.
(E) Variance request - 2365 Belmont Circle - reduce required 50 foot buffer
adjacent to residential property to 10 feet.
John Patterson said that Hugh Miller of Miller Vending is requesting this
variance for construction of a building to support his vending business. The
parcel is presently zoned General Commercial but it abuts Belmont Park
apartments which is zoned residential and requires a 50 foot setback. There
was no opposition.
Mr. Miller said his business has been behind Belmont Hills for 5 years and
they would like to construct a new building to provide the room they need and
which will also be complimentary to the City. They sent a registered letter to
Belmont Park apartments requesting their approval of the variance but have
received no response. Mr. Miller said they have already agreed to placing a 6
foot opaque fence along the affected property line and had not made a definite
decision on the finish of the exterior of the building. Kathy Brooks said in
reviewing the plans and talking to the City Engineer, they would require that
3 sides of the building be some type of masonry siding since the building will
be visible from Cherokee Road after the widening.
After further discussion Kathy Brooks made a motion the variance be approved
with the stipulations that as much landscaping as possible be provided with a
6 foot opaque fence on the north side, and that a masonry finish of some type
be provided on 3 sides of the building subject to approval of the City
Engineer. Joel Harrell seconded the motion which carried 7-0.
(F) Variance request - 2096 Alanta Road - reduce rear yard setback from 30
feet to 10 feet.
John Patterson said that Janice V. Ferguson is representing Soo P. Bang as
property owner for this variance request for construction of a Fitzgerald
convenience store. The property owner to the rear does not object to the
request. The building will be situated to facilitate a smooth traffic flow
from the curb cuts on Atlanta Road and Pat Mell Road and the placement of the
canopy over the pumps and alignment of the buildings necessitates this
request. There was no opposition.
Ms. Ferguson presented pictures of the convenience store they were proposing
which will contain 2500 square feet. Their goal is to provide a full service
convenience store rather than just beer, wine and snacks. The canopy and
building is positioned at an angle to allow a smooth traffic flow from both
streets. Ms. Ferguson said they were also willing to donate the right of way
needed to improve the intersection of Pat Mell and Atlanta Road to provide for
more of a 90 degree angle.
Hugh Ragan questioned the hardship based upon the first set of plans submitted
which shows a 1500 square foot building instead of the 2500 square foot
building they are requesting tonight and said the hardship appeared to be
financial. Ms. Ferguson said she did not know if they would consider building
the 1500 square foot building and if they did, was not sure they could
position the buildings and eliminate the need for the variance.
Following discussion, Kathy Brooks made a motion the variance be approved.
Jack Shinall seconded the motion which carried 6-1, with Hugh Ragan opposed.
(G) Variance request - 2610 Cobb Parkway - reduce minimum front yard setback
from 40 feet to 20 feet.
John Patterson said Tenneco Oil Company is requesting this variance to tear
down the existing structure at the corner of Hargrove and Cobb Parkway and
build a new facility. This is a double frontage lot with frontage of Hargrove
Road and Cobb Parkway. The existing gas canopy is 16 feet from the property
August 17, 1987 - continued
line along Cobb Parkway and the exising store is approximately 9 feet from the
property line along Hargrove Road. The new facility will not encroach into the
setback on Cobb Parkway as the existing building does.
Phil Molton and Ken Giannoni represented Tenneco and there was no opposition.
Mr. Molton said the existing store is an aging facility that has been there
for about 15 years. It was scheduled for a tank and line replacement and they
decided to completely rebuild with a structure that would be much more
attractive. The proposed building will be 20 feet from the property line and
they will meet all other setback requirements.
Following discussion, Bob Davis made a motion the variance be approved. Jerry
Mills seconded the motion which carried 7-0.
(H) Approval to close and abandon dead end of Argyle Drive.
Joel Harrell made a motion this be tabled to the next meeting. Jack Shinall
seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Set qualifying date and qualifying fees for election.
Hugh Ragan made a motion the qualifying dates for the November 3, 1987
election be set for September 21, 22, 23 from 7:00 a.m. to 5:00 p.m. each day.
Qualifying fee for Mayor will be $252.00 and for council seats, $171.00. Jim
Hawkins seconded the motion which carried 7-0.
(B) Appointment of Election Superintendent.
Hugh Ragan made a motion that Linda Smith of 3844 Lake Drive be appointed as
Election Superintendent. Kathy Brooks seconded the motion which carried 7-0.
BID AWARDS:
John Patterson said that bids were recently received for a vehicle for the
Community Development Department and recommended the low bid from Days
Chevrolet be approved.
Jack Shinall made a motion the low bid of $11,686 from Days Chevrolet be
approved for a 1988 S-10 Blazer. Joel Harrell seconded the motion which
carried 7-0.
CONSENT AGENDA:
(A) SAA Opening Day parade, August 22nd
(B) Change date of first September meeting to September 8th
(C) No parking signs at 1722 Napa Valley Court
Kathy Brooks made a motion the consent agenda be approved. Jack Shinall
seconded the motion which carried 7-0.
COUNCIL INPUT:
Bob Davis congratulated members of the Smyrna Fire Department who received
awards at the State convention recently.
Jim Hawkins said there have been reports in parts of the county of rub -on
tattoos for children on the market that contain LSD although none have been
reported in Smyrna. The tattoos can be tested for drugs at the Smyrna Police
Department.
Jack Shinall said we have also been receiving reports of fraudulent insurance
sales in the City and warned people of that, especially the older people in
the community.
Jack Shinall said the Alcoholic Beverage committee met last Wednesday and
there were 53 of 56 holders of alcoholic beverage licenses present. It was a
good meeting and Jack reminded everyone that sales of alcoholic beverages to
minors will not be tolerated in the City.
Jack Shinall reported the unsightly house at the corner of Powder Springs and
Guthrie Street would be torn down soon.
August 17, 1987 - continued
Hugh Ragan reminded everyone that our police officers have been instructed to
write tickets for violations of speeding, running stop signs and improper
operation of vehicles because we still get many complaints.
Attorney Camp congratulated Mayor Bacon on his recent appointment as
Postmaster of the Mableton Post Office.
Mayor Bacon said the zoning decision tonight was a good example of how the
City does not make deals with developers; they have to take their changes on
these decisions based upon evidence presented.
With no further business, meeting adjourned at 11:07 p.m.
A. MAX BACON, MAYOR
BOB DAVIS, WARD 1
HUGH GAN WARD V
MELINDA 1 1 •&
?EL • 1
1
KATHY BROr , WARD 6