09-02-1986 Regular MeetingSeptember 2, 1986
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on September 2, 1986. 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, Assistant City Clerk
Melinda Dameron and representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
DEPARTMENT REPORTS: Reports were given by the Public Works Department,
Clean City Committee, Library and Parks and Recreation Department.
PUBLIC HEARINGS•
(A) Annexation of 2.1 acres at 652 and 662 Concord Road.
There was no opposition from the audience and Jim Hawkins made a motion
that 2.1 acres in Land Lot 381 located at 652 and 662 Concord Road 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 August 4, 1986
meeting. Jack Shinall seconded the motion which carried 7-0.
(B) Annexation of property at intersection of South Cobb Drive and Oakdale
Road.
John Patterson said that Opal W. Jones has requested annexation of property
in Land Lot 752 at the intersection of South Cobb Drive and Oakdale Road.
Five people raised their hand in opposition and representatives from both
sides were sworn in by Mr. Camp.
Zach Pressley said he was representing his mother who owns property
adjoining this tract. Mr. Pressley said his mothers property and 3 other
residential lots abut Mrs. Jones property and the homeowners were asking
that the annexation and zoning tonight be delayed so that they might be
given the opportunity of combining their property with Mrs. Jones' for
annexation and rezoning. Mr. Pressley asked why council was annexing just a
strip along South Cobb Drive and not the whole block. Hugh Ragan stated
that Mrs. Jones had requested annexation of her property and council did
not generally annex property against the will of the owners.
Hugh Ragan made a motion the property 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 August 5, 1986 meeting. Jim Hawkins seconded the motion
which carried 7-0.
(C) Rezoning request for property at Oakdale Road and South Cobb Drive
from R-20 to General Commercial.
John Patterson stated that Mr. Oliver Wright of Wright & Associates is
requesting that this parcel be rezoned from R-20 to General Commercial. The
property will be subdivided into 3 lots, with two lots being developed for
Wendy's and Kentucky Fried Chicken. Adjacent property to the north, east
and south is zoned R-20 with General Commercial to the west. The Planning
and Zoning Board recommended the zoning be approved. A representative for
the opposition was sworn in with Mr. Wright.
Mr. Wright said this property is across South Cobb Drive from the Kenwood
Plaza Shopping Center under construction and they feel this is an ideal
commercial site because of the existing traffic on South Cobb. One curb cut
will be used on South Cobb to feed both restaurants and they are also
proposing one curb cut on Oakdale Road. Mr. Wright said he had no immediate
plans for development of the remainder of the property.
Charles Mann, a resident of Oakdale Road said he would like to have this
zoning delayed so that the neighbors could meet and possibly get the entire
block zoned at one time. They were concerned that the surrounding
commercial development would ruin their homes and would prefer to sell out.
Zach Pressley also said they were worried about their homes being
surrounded by commercial developments and would prefer to be annexed and
have the entire block zoned at one time.
September 2, 1986 - continued
Jerry Mills said he would be happy to meet with the adjoining property
owners tomorrow or tonight after the meeting to discuss the annexation of
their property, but did not think the zoning tonight could hurt them.
Attorney Camp also assured them that if the zoning is approved tonight and
their property remains residential, the City has buffer requirements which
must be met by the developer to protect them.
After further discussion, Hugh Ragan made a motion the zoning be approved
with the following stipulations:
1) One curb cut on South Cobb Drive
2) The 3 parcels remain undeveloped until plans are sub-
mitted to the City.
3) One curb cut on Oakdale Road.
Joel Harrell seconded the motion which carried 7-0.
(D) Rezoning request of property at 725 Cherokee Road from Future
Commercial to General Commercial.
John Patterson said that Mr. James Stringer has requested the rezoning of
this parcel to build a jewelry sales and firearm repair store, by modifying
the existing house with a slight increase in size. Variances will also be
required to reduce the setbacks on the rear, east and west side and also to
reduce the minimum lot size. The Planning and Zoning Board recommended the
zoning be denied. There was no opposition from the audience.
Mr. Stringer said his plans now are to construct a new building on the lot
rather than use the existing building and they just recently signed a
contract on the adjoining property at 735 Cherokee Road to expand the lot
size. Mr. Stringer said it would be at least 6 months before he could close
on this property to be able to do anything with it and he would like to
have this zoning approved tonight so that he could start building.
Kathy Brooks said she had a problem with the zoning and variances because
the existing lot is only 12,000 square feet and the ordinance requires
20,000. Also, the rear yard setback will place his business within 10 feet
of the residential property to the rear which is entirely too close and
would ruin the value of the property. Kathy suggested that Mr. Stringer
purchase the additional property and combine the two lots for a new
construction and then come back to council for zoning on the entire tract.
Mr. Stringer said he had to act on his contract before the loth of the
month and had every intention of combining the two lots to meet ordinance
requirements. The adjacent property owners have agreed to the variances and
he would like to be able to get started right away on construction.
After further discussion Kathy Brooks made a motion the rezoning be denied,
seconded by Jack Shinall. Mr. Camp said that council could waive the 12
month waiting period and reconsider the zoning application when the
additional property was purchased and the lots combined. Vote on the motion
to deny carried 7-0.
(E) The request for three variances at 725 Cherokee Road was not heard due
to the zoning denial.
(F) Rezoning request at 3050 Atlanta Road from R-15 to
Office/Institutional.
John Patterson said that Louis S. Belinfante as owner had requested
rezoning of 3050 Atlanta Road for psychiatric offices. The existing house
will be modified to facilitate the offices. This property is surrounded on
all sides by R-15. The Planning and Zoning Board had recommended the
classification of Limited Commercial rather than 0&I. There was no
opposition from the audience.
Bob Flournoy represented the applicant and said if the zoning was approved,
the house would be sold to Drs. Braziel and Lochridge for a family
psychiatric facility. They especially like the atmosphere of the house and
the residential surroundings, and this is an ideal location since they
practice at Brawners and Ridgeview. They originally applied for 0&I but now
felt that Limited Commercial would be more appropriate, with certain
stipulations. The adjacent property owners are in favor of the office being
located there because the hours will provide them more privacy than they
September 2, 1986 - continued
would have if the house was inhabitated. Joel Harrell asked Drs. Braziel
and Lochridge if they would be willing to limit their hours to 5 days per
week. Dr. Braziel said they had been in practice for 3 years and had never
been to their office on weekends but must have that option in case an
emergency should arise.
After further discussion, Joel Harrell made a motion the property be
rezoned to Limited Commercial with the following stipulations:
Subject property located at 3050 Atlanta Road be rezoned from R-15
residential to Limited Commercial only for the use of offices of health
service practitioners and other professional offices as covered under
Section 709.6 paragraphs (1) and (2) on pages 1738 and 1739 of the zoning
code of the City of Smyrna enacted December 10, 1973 and as amended and
printed in 1986, and as agreed by applicant. It is further stipulated that
the following additional restrictions shall apply:
1) The existing residential structure shall be maintained on the property
without exterior additions or alterations which would change the physical
appearance or residential facade of the existing structure and no new
building shall be constructed on said property.
2) All parking shall be to the rear of the existing structure, with parking
area fully paved and adequate parking spaces provided as spelled out in the
city ordinances;
3) Hours of operation for the proposed office shall be limited to 9:00 a.m.
to 7:00 p.m.
4) One unlighted sign of maximum size of 2 feet high by 4 feet long will be
allowed on the Atlanta Road frontage of the subject property in order to
identify the office location. The sign shall be made of materials that will
be compatible with the surrounding area.
Jim Hawkins seconded the motion which carried 7-0.
(G) Variance request to reduce side yard setback at 3050 Atlanta Road.
John Patterson said that Drs. Braziel and Lochridge were requesting a
reduction in the required side yard setback from 50 feet to 22 feet. The
existing house will be somewhat modified to accommodate the offices but
will not be moved. City code requires a 50 foot setback where commercial
abuts residential property and in this case the existing setback is only 22
feet. There was no opposition.
Joel Harrell asked Dr. Braziel if he had any problem with placing a 6 foot
wooden fence along the property line. Dr. Braziel said he did not, but
would prefer a dense shrubbery -type buffer. Mr. Reed, the adjoining
property owner also stated he would prefer greenery instead of a fence.
With little discussion Joel Harrell made a motion the variance be approved
with the stipulation that either a solid 6 foot fence or some other means
of screening be placed along the property line to screen the house and
parking lot, from the adjacent residential property. Bob Davis seconded the
motion which carried 7-0.
FORMAL BUSINESS: Nothing to report.
RTn AWARne
(A) Cherokee Road Extension utility relocation.
Joel Harrell said there were still some questions about the utility
relocation that were unanswered, and made a motion the bid award be tabled
to a special called meeting to be held Monday, September 8th at 7:30 p.m.
Jack Shinall seconded the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS: None to report.
CONSENT AGENDA: Jim Hawkins made a motion the minutes of August 4 and 18
be approved as submitted. Hugh Ragan seconded the motion which carried 7-0.
COUNCIL INPUT: Jack Shinall said he would have a Community Development
Committee meeting September loth to discuss home occupation licenss,
alcoholic beverage sales and the Architectural Review Committee.
September 2. 1986 - continued
Jack Shinall said he had recently heard of quite a few cases of vandalism
and urged citizens to report any type of vandalism to the Police
Department because that is the only way to stop it.
Joel Harrell said the Cobb Water Authority has lessened the restrictions on
outdoor water use to allow watering 7 days a week on the odd/even system,
but still no watering between 4:00 and 9:00 p.m.
Jim Hawkins said we are moving forward with renovation of the annex
building for a city court room.
With no further business, meeting adjourned at 9:15 p.m.
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September 8, 1986
A special called meeting of Mayor and Council was held September 8, 1986 at
Smyrna City Hall. The meeting was called to order at 7:30 p.m. by presiding
officer Mayor A. Max Bacon. All council members were present except for
Jack Shinall. Also present was City Attorney Charles E. Camp, City
Administrator John Patterson, Assistant City Clerk Melinda Dameron.
The purpose for this meeting was to award the bid for the relocation of
utilities for the extension of Cherokee Road.
John Patterson said that due to the construction of the Cherokee Road
extension and previous signed agreement with the Georgia Department of
Transportation, the City is required to relocate the utilities for the
construction of the extension. Bids were requested with three being
received as follows:
Z, J. E. Lovern Construction $286,982.75
Steinhauer, Inc. $342,145.00
Unity Construction $399,882.00
The apparent low bidder for the job was J. E. Lovern and after the bids
were tabulated was found to be the actual low bidder. J. E. Lovern and his
grandson David were also present.
Joel Harrell told Mr. Lovern that the reason for the special called meeting
was to discuss some concerns that had come up at the agenda meeting.
Apparently there was some misunderstanding about the specifications for
Phase I of the sewer rehab work that Mr. Lovern did and they wanted to be
sure this did not happen again. Joel said they wanted to be sure that Mr.
Lovern had reviewed and understood the specifications so that any
differences could be settled now. Mr. Lovern said he did understand the
specifications and could not foresee any problems
Mr. Lovern said he did not know the time frame for construction because
there seemed to be a lot of confusion at the pre -construction meeting with
the State. Mr. Lovern said he was doing a job at Fort McPherson and should
be through the end of this week and then would be ready to start.
Joel Harrell made a motion the contract be awarded to J. E. Lovern
Construction for $286,982.75 because of the long standing relationship they
have had in the past. Joel told Mr. Lovern that -he had done a good job in
the past and council looked forward to him continuing that good work. This
contract will be paid from the Improvements.and Extension Fund. Hugh Ragan
seconded the motion which carried 6-0.
With no further business, meeting adjourned.
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