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08-18-1986 Regular Meeting3$3$ August 4, 1986 - continued COMMERCIAL BUILDING PERMITS: (A) Lott Properties requested a building permit for the second phase of Ark Mini Warehouses at 2330 Old Concord Road at a total estimated cost of $429,000. Kathy Brooks made a motion the permit be approved subject to approval of the Inspections Department, Fire Marshal and City Engineer. Hugh Ragan seconded the motion which carried 7-0. (B) Magna Construction requested a building permit for a shopping center at the 3875 South Cobb Drive at a total estimated cost of $540,000. Joel Harrell made a motion the permit be approved conditional upon the contractor meeting the stipulations set forth when the property was rezoned December 2, 1985, and also subject to approval of the Inspections Department, Fire Marshal and City Engineer. Jim Hawkins seconded the motion which carried 7-0. (C) Steele Construction requested a grading permit for Hell Graphics at 5400 Highlands Parkway. Hugh Ragan made a motion the permit be approved subject to approval of the City Engineer, Inspections Department and Fire Marshal. Kathy Brooks seconded the motion which carried 7-0. CONSENT AGENDA: Mayor Bacon said the July minutes were not ready and would be on the agenda for approval at the next meeting. COUNCIL hold up easement week. INPUT: Bob Davis asked Jim Belk what was causing the on the sewer line at Highland Drive. Jim said the last was just obtained and they hope to be able to start this Joel Harrell reminded everyone that we are still restricting water use and asked for cooperation in using the odd/even outdoor water system. Jim Hawkins commended the Mayor and John Patterson for the land acquisiton around City Hall. Jim said he hoped we could continue to clean up the old part of Smyrna. Kathy Brooks commended the Parks and Recreation staff for the outstanding job they did with the Colt League tournament at Ward Park. Hugh Ragan reminded everyone of the election on August 12th and urged everyone to vote. With no further business, meeting adjourned at 8:45 p.m. ************************ August 18, 1986 The regular scheduled meeting of Mayor and Council was held August 18, 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 Attorney Charles E. Camp, City Clerk Willouise Spivey, City Administrator John Patterson, Assistant City Clerk Melinda Dameron and representatives of the press. Invocation was given by Reverend Michael T. Carey from Calvary Presbyterian Church, followed by the pledge to the flag. Mayor Bacon recognized Eastern District Commissioner candidate Wit Carson and reminded everyone to vote in the runoff election in September. DEPARTMENT REPORTS: Reports were given from the Fire, Police, Emergency Management, Finance and Community Development Departments. 3$ August 18, 1986 - continued PUBLIC HEARINGS• (A) Annexation of 1.3 acres at 2580 old Roswell Road. There was no opposition and Jerry Mills made a motion that 1.3 acres at 2580 old Roswell Road in Land Lots 561 and 592 be annexed into the City to become a part of Ward 3, the legal description having been read and made a part of the minutes of the July 7, 1986 meeting. Jim Hawkins seconded the motion which carried 7-0. (B) Rezoning of 1.3 acres at 2580 old Roswell Road from R-20 to RD. John Patterson said that Mr. Bill Davis of Northwest Corridor Properties is requesting rezoning of this parcel for construction of four duplex lots. The Planning and Zoning Board had recommended the zoning be approved. Mr. Davis said the selling price of the units would be in the high $70's with construction a combination of brick veneer and siding. Some units will be owner occupied and his company would retain ownership of the rental units and handle the leasing. These will be 2 bedroom, 2 bath units. There was some discussion about the building setback line on the corner lot and Jerry Mills said this would be worked out by our Engineering Department. Jerry Mills made a motion the zoning be approved with the stipulation that three curb cuts be made on old Roswell Road and one curb cut on Hawthorne Street as far east as possible; curbing in front of Hawthorne and old Roswell to be installed by the developer as well as street lights. Jim Hawkins seconded the motion which carried 7-0. (C) Annexation of 7.026 acres at Hargrove Road and Curtis Drive. John Patterson said that Terrence L. Hartigan, Senior Vice President of Wilma Southeast, Inc. requested annexation of property in Land Lots 881 and 846. The property is currently zoned office/Institutional and will be developed as such. There were two in the audience in opposition and were sworn in along with Mr. Hartigan by the City Attorney. Mr. Hartigan said they would like to construct two 10-story office buildings in two phases, which would eventually be connected to become one building. They are also requesting variances tonight to accommodate the development. Ralph Hancock of Springhill Road said he was opposed to any unplanned development in this area because of the serious traffic problems. The exact route of the Spring Road connector has yet to be determined and Mr. Hancock said he did not believe any development should take place on this property until these road problems are addressed; we need to put the roads first and developments last. Mr. Hancock said he was not opposing the annexation but he was asking them not to annex at this point and not to grant the variances until the City, County and State can resolve the road problems. Richard Roberts of 2419 Cumberland. Drive said he was speaking tonight as a private citizen, but did work with the State Department of Transportation. Mr. Roberts said this construction would place an additional 5400 cars in a 24 hour time in this area and an additional 1120 cars during peak hours. Mr. Roberts said we need a workable system for this area and asked that any development plans be held until this takes place. Max Bacon said the City met with the Department of Transportation a short time back and after talking with them, had doubts if the Spring Road connector would ever be built. They stated at the meeting they did not know what they were going to do and even if they proceeded with the current plans they would have to start over again because it would not take care of the existing traffic. Auaust 18, 1986 - continued Hugh Ragan reminded Mr. Hancock and Mr. Roberts that the property is already zoned Office/Institutional and could be developed at any time. After further discussion, Bob Davis made a motion the property be annexed into the city to become -a part of Ward 1, the legal description having been read and made a part of the minutes of the July 21, 1986 meeting. Jim Hawkins seconded the motion which carried 7-0. (D) Variance request to increase height of building, decrease number of loading berths, decrease parking requirements for development of 7.026 acres a Hargrove Road & Curtis Drive. John Patterson said that Terrence Hartigan and Stephen Dumas represented Wilma Southeast in their request for variances to increase building height from 5 stories to 10 stories; decrease the number of loading berths from the required minimum of 5 to 3; and decrease the parking ratio from 4 spaces to 3.5 spaces per 1,000 square feet of usable floor space. There were two in opposition. Mr. Hartigan said they were proposing two 10-story office buildings to be constructed in two phases. Each building will contain 220,000 square feet and the buildings will eventually be horizontally connected. Mr. Hartigan presented a drawing of the proposed development and said this configuration was according to the latest plans received for the Spring Road connector from the State Department of Transportation. Mr. Hartigan said they are trying to cooperate with the State but cannot afford to wait any longer. They are willing to donate the needed right of way for development of the Spring Road connector as shown in the drawing tonight. Ingress and egress will be from Hargrove Road since the State has asked them not to use Curtis Drive. Mr. Hartigan said they would probably start the first phase of construction within 6 months with an estimated construction time of 14 months. Mr. Hancock said he was opposed to the density of this development and was not opposed to the other two variances. The original plans called for a service road near the bridge on Hargrove Road and also asked that council not permit this. Also, left hand turns in or out would be disasterous without a light. Mr. Hancock requested that this be tabled for 90 days before taking any action to allow additional time to work out a timetable for construction of the road. Bob Davis said he appreciated the input from each side but these are variances that have been granted in the past, and are necessary for a quality development by Wilma Southeast. Bob made a motion the variances be approved with the stipulation that adequate fire protection be available. Jerry Mills seconded the motion which carried 7-0. (E) Annexation of 2 acres on South Cobb Drive. John Patterson said that Howard H. Clark had requested the annexation of 2 acres in Land Lots 411, 412, 453 and 454 fronting on South Cobb Drive. There was no opposition and Jim Hawkins made a motion the property be annexed into the City to become a part of Ward 4, the legal description having been read and made a part of the, minutes of the July 7, 1986 meeting. Bob Davis seconded the motion which carried 7-0. (F) Rezoning of 2 acres on South Cobb Drive. John Patterson said that Jerry Cox represented Mr. Howard H. Clark in the request to rezone the property just annexed from R- 20 to Office/Institutional for construction of a medical office condominium. This property is north of Lake Court on South Cobb Drive and abuts General Commercial zoning to the north and east, with R-15 to the south and west. There was no opposition. Mr. Cox said this would be a medical office containing 21,745 square feet. This will be a metal structure with brick and stucco finish and they will have 15 offices available to lease. Jim Hawkins said the Planning and Zoning Board had recommended the zoning be approved and made a motion the zoning be approved August_18, 1986 - continued with the stipulation that a 6 foot fence be placed along the property line contiguous to residential property. Jerry Mills seconded the motion which carried 7-0. (G) Rezoning'of 3.4 acres at Churchill Downs Subdivision from R- 20 to R-15. John Patterson said that C. J. Fouts had recently acquired 3.4 acres along the entrance to Churchill Downs Subdivision which will be divided into 7 lots. Mr. Fouts has requested rezoning from R-20 to R-15 for development as part of Churchill Downs. The Planning and Zoning Board recommended approval of the zoning and there was no opposition. With little discussion Hugh Ragan made a motion the zoning be approved. Bob Davis seconded the motion which carried 7-0. H) Rezoning of 1275 Concord Road from Limited Commercial to General Commercial. John Patterson said that Ms. Joyce Fowler is requesting her property be rezoned to bring it into compliance with our zoning ordinance. To Have and To Hold, presently operating at this location, is in violation because retail sales are not allowed in Limited Commercial. There was one person in opposition and both sides were sworn in by Mr. Camp. Ms. Fowler said she established this business about 5 years ago but did not know she was in violation of the zoning ordinance until she recently purchased the property. Ms. Fowler said she was here tonight to correct the zoning classification and had no plans to sell the property. At one time the accessory building in the back was leased to a company that made repairs on foreign cars but the building has been unoccupied since Gene Golden asked him to move. Ms. Fowler said she planned to tear one of the buildings down but like to save one of them to be used by her business. Jim Hawkins said the City was originally at fault for issuing a business license to Ms. Fowler allowing retail sales at this location. Mr.' W. M. Holloman of 1218 Love Street said he was pleased with the business Ms. Fowler had there now but was concerned with how the property may be used in the future if it is rezoned. Attorney Camp said non -conforming uses which are grandfathered are permissable and in this case, Ms. Fowler could continue to operate her business at this location as it currently exists. Jim Hawkins said that due to the close proximity of Ms. Fowler's business to the residential area he had a problem with the zoning and made a motion the request be denied because General Commercial would not conform with the surrounding zonings and the building setbacks do not meet General Commercial requiremetns. Hugh Ragan seconded the motion which carried 7-0. (I) Variance request to reduce rear yard setback requirements for property at Old Concord Road and Smyrna Powder Springs Road. John Patterson said that James Pressley is requesting a reduction of the rear yard setback from 30 feet to 5 feet for construction of a 14,000 square foot building on this 2.5 acre tract. There are apparently plans to make future expansions on this property as the lot is large enough to accommodate the building within all setback requirements. There was no opposition. Mr. Pressley said he needed the variance to utilize his land to its maximum advantage and this will leave some land for future development. The building will be constructed for Harold Wolf Company, manufacturers of awnings. Jack Shinall told Mr. Pressley he had the property to build within the setbacks and there are no clear cut hardships defined. At some future date a variance may be required for additional development but this building can be constructed well within setback requirements. Jack Shinall made a motion the variance be denied. Joel Harrell seconded the motion which carried 7-0. August 18, 1986 - continued (J) Variance request to reduce rear yard setback requirement at King Springs Plaza shopping center at 3815.South Cobb Drive. John Patterson said that Chris Todd of Pizza Hut, Inc. requesting a variance to reduce the rear yard setback from 30 feet to 8'feet for a new Pizza Hut in King Springs Plaza on the site where an abandoned gas station is located. There was no opposition. Mr. Todd said this would be their standard size 39' x 69' building and will seat 100. They have obtained a parking agreement with the owners of the shopping center and a cross parking easement will be filed with the City. Mr. Todd said the rear of the restaurant will be 150 feet from the store fronts at the shopping center and they have also obtained approval from the anchor tenants there. With little discussion, Joel Harrell made a motion the variance be approved. Bob Davis seconded the motion which carried 7-0. (K) Annexation of 5566 feet of railroad right of way. There was no opposition and Hugh Ragan made a motion that 5566 feet of railroad right of way in Land Lots 548, 547, 606, 619, 678 and 691 be annexed into the City to become a part of Ward 7, the legal description having been read and made a part of the minutes of the July 21, 1986 meeting. Jack Shinall seconded the motion which carried 7-0. FORMAL BUSINESS• (A) Moratorium on home occupation licenses. Jack Shinall said we are running into some problems with home occupation licenses and we need to establish categories for these licenses. Jack Shinall made a motion a 90 day moratorium be placed on all home occupation licenses, effective tonight, until his committee could review the ordinance. Bob Davis seconded the motion which carried 7-0. (B) Validation of signatures to annex 22.8 acres on Argo Road. Attorney Camp read an application for annexation of property in Land Lot 617 at 5091 ARgo Road 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, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and being in Land Lot 617 of the 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at an iron pin at the common corner of Land Lots-617, 616, 680 and 681; running thence north 88 degrees 26 minutes 42 seconds west along the southerly land lot line of Land Lot 617 a distance of 1,266.53 feet to an iron pin on the southeasterly right of way of West Argo Road; running thence northeasterly along the southeasterly right of way of West Argo Road, the following courses and distances; north 30 degrees 28 minutes 56 seconds east a distance of 147.78 feet to a point; north 31 degrees 38 minutes 39 seconds east a distance of 170.91 feet to a point; north 34 degrees 02 minutes 36 seconds east a distance of 92.63 feet to a point; north 31 degrees 29 minutes 05 seconds east a distance of 76.20 feet to a point; north 24 degrees 55 minutes 47 seconds east a distance of 80.59 feet to a point; north 14 degrees 28 minutes 05 seconds east a distance of 83.64 feet to a point; north 12 degrees 58 minutes 03 seconds east a distance of 76.17 feet to a point; north 17 degrees 55 minutes 57 seconds east a distance of 57.94 feet to a point; north 35 degrees 59 minutes 59 seconds east a distance of 94.67 feet to a 3$ August 18, 1986 - continued point; north 37 degrees 11 minutes Ol.seconds east a distance of 245.27 feet to a point; north 38 degrees 54 minutes 46 seconds east a distance of 130.11 feet to a point; north 41 degrees 07 minutes 43 seconds east a distance of 81.89 feet to a point; north 43 degrees 35 minutes 16 seconds east a distance of 78.81 feet to an iron pin; running thence south 47 degrees 39 minutes 00 seconds east a distance of 290.52 feet to an iron pin; running thence north 46 degrees 58 minutes 00 seconds east a distance of 73.20 feet to an iron pin; running thence south 32 degrees 22 minutes 54 seconds east a distance of 150.93 feet to an iron pin; running thence south 47 degrees 10 minutes 33 seconds west a distance of 146.72 feet to an iron pin; running thence south 80 degrees 25 minutes 49 seconds east a distance of 313.06 feet to an iron pin on the easterly land lot line of Land Lot 617; running thence south of degrees 43 minutes 02 seconds west along the easterly land lot line of Land Lot 617 a distance of 799.75 feet to an iron pin and the point of beginning. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of the record title holders of the fee simple title, or his legal representative, of 60% of the land area above described by acreage: s/ROBERT DAVID HOWSER, III & DIAHN HOWSER BROWN Hugh Ragan made a motion the signatures be validated and the public hearing date set for September 15, 1986. Kathy Brooks seconded the motion which carried 7-0. (C) Validation of signatures to annex 20.50 acres on Ridge Road. Attorney Camp read the application by Marjorie Robb Wallace to annex 20.50 acres in Land Lots 624 and 625, 3900 Ridge Road as follows: We the undersigned, who constitute sixty percent (60%) of the electors resident in the area described below and who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages loll, 1012, said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and being in Land Lot 625 and 624 of the 17th District, 2nd Section, Cobb County, Georgia, containing 19.53 acres as shown as Tract "A" on a boundary survey prepared by Civil Design, Inc., dated April 18, 1986 and being more particularly described as follows: Beginning at an iron pin found at the common corner of land lots 599, 600, 625 and 626, said iron pin found being the TRUE POINT OF BEGINNING of the tract herein described as follows; thence south 01 degrees 01 minutes 15 seconds east along the east line of Land Lot 625 a distance of 853.93 feet to an iron pin found; thence south 59 degrees 52 minutes 10 seconds east leaving said land lot line a distance of 302.18 feet to an iron pin found; thence south 48 degrees 35 minutes 19 seconds west a distance of 232.06 feet to a point; thence south 72 degrees 39 minutes 50 seconds east a distance of 29.42 feet to an iron pin found; thence south 48 degrees 46 minutes 16 seconds east a distance of 18.87 feet to a point; thence south 72 degrees 02 minutes 37 seconds east a distance of 451.00 feet to a point on the northeast right of way line of Ridge Road (being a 50 foot right of way); thence north 37 degrees 16 minutes 23 seconds east along said right of way line a distance of 68.88 feet to an iron pin found; thence north 72 degrees 02 minutes 37 seconds west leaving said right of way a distance of 378.42 feet to a point; thence north 44 degrees 55 minutes 38 seconds east a distance of 266.81 feet to a point; thence north 44 degrees 45 minutes 09 seconds August 18, 1986 - continued east a distance of 15.00 feet to an iron pin found; thence north 44 degrees 56 minutes 10 seconds east a distance of 149.70 feet to an iron pin found; thence north 44 degrees 33 minutes 25 seconds west a distance of 23.71 feet to an iron pin found; thence north 45 degrees 12 minutes 37 seconds east a distance of 1,190.67 feet to an iron pin found at the common corner of Land Lots 625, 626, 671 and 672; thence south 89 degrees 25 minutes 19 seconds west along the north line of Land Lot 625 a distance of 1,339.21 feet to an iron pin found; said iron pin found being the TRUE POINT OF BEGINNING. Also, all that tract or parcel of land lying and being in Land Lots 625 and 624 of the 17th District, 2nd Section, Cobb County, Georgia, containing 0.97 acres as shown as Tract "D" on a boundary survey prepared by Civil Design, Inc., dated April 18, 1986 and being more particularly described as follows: Beginning at an iron pin found at the common corner of Land Lots 599, 600, 625 and 626; thence south 01 degree 01 minutes 15 seconds east along the west land lot line of Lan Lot 625 a distance of 853.93 feet to an iron pin found; thence south 00 degrees 30 minutes 20 seconds east along said land lot line a distance of 412.39 feet to an iron pin located at the common corner of Land Lots 600, 601, 624 and 625; thence north 48 degrees 37 minutes 14 seconds east a distance of 120.03 feet to a point, said point being the TRUE POINT OF BEGINNING of the tract herein described as follows: thence north 48 degrees 28 minutes 17 seconds east a distance of 10.01 feet to a point; thence south 72 degrees 02 minutes 37 seconds east a distance of 451.00 feet to a point located on the northeasterly right of way line of Ridge Road (being a 50 foot right of way); thence south 37 degrees 16 minutes 23 seconds west along said right of way line a distance of 52.22 feet to a point; thence south 42 degrees 07 minutes 23 seconds west along said right of way line a distance of 98.70 feet to a point; thence south 47 degrees 05 minutes 53 seconds west along said right of way line a distance of 65.65 feet to an iron pin found; thence north 41 degrees 19 minutes 14 seconds west leaving said right of way line a distance of 418.09 feet to a point; said point being the TRUE POINT OF BEGINNING. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of 60% of the electors resident in the area described below: s/MARJORIE RABB WALLACE 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/MARJORIE RABB WALLACE Joel Harrell made a motion the signatures be validated and the public hearing date set for September 15, 1986. Jerry Mills seconded the motion which carried 7-0. (D) Clean City Committee appointment - Ward 6. Kathy Brooks made a motion that Randall Young be appointed to the Clean City Committee to fill the unexpired term of Lester Weathers from Ward 6. Jim Hawkins seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) Quiktrip Corporation requested a building permit for a new convenience store at 3875 South Cobb Drive at a total estimated cost of $125,000. Joel Harrell made a motion the permit be approved subject to approval of the Inspections Department, Fire Marshal and City Engineer. Bob Davis seconded the motion which carried 7-0. CONSENT AGENDA: (A) Approval of July minutes (B) Change date of first September meeting to September 2nd August 18, 1986 - continued (C) Parade permit for SAA opening day - August 23rd Kathy Brooks made a motion the consent agenda be approved. Jack Shinall seconded the motion which carried 7-0. COUNCIL INPUT• Jack Shinall said there had been some discussion recently about placing another moratorium on variances and council would be discussing it at their next agenda meeting. Kathy Brooks reported on activities in the Parks and Recreation Department. Mayor Bacon said the Colt League South Zone tournament was recently held at Ward Park and commended the Parks Department for a good job. Mayor Bacon also reminded everyone of the runoff election to be held September 2nd. With no further business, meeting adjourned at 10:10 p.m. ---- - - - - -- ------------- - --- --- A. MAX BACON, MAYOR WILLOUISE C. SPIVEY, ITY C RK -S-Z, ------- _______ _ _____________ BOB DAVIS, WARD 1 EL HARRELL, WARD 2 RRY S, WARD JAMES M. HAWKINS, WARD 4 --- - --- -- ------------ C WARD 5 KATHY B KS, WARD 6 -------------------------- HUGH R AN, WA 7 FIRE MARSHAL I, James D. Ruffner do solemnly swear that I will well and truly demean myself as Fire Marshal of the City of Smyrna for the ensuing term, and that I will faithfully enforce the Charter and Ordi- nances of said City to the best of my ability, without fear or favor, and in all my actions as FIRE MARSHAL adt as I believe for the best interest of the said City. So help me God. Subscribed and sworn to before me this 24th day of September, 1986. 0.00� + 4WWW_��� A. Max Bacon, Mayor 0