09-15-1986 Regular MeetingSeptember 15, 1986
The regular scheduled meeting of Mayor and Council was held September 15,
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 Clerk Willouise Spivey, City Administrator
John Patterson, City Attorney Charles E. Camp and representatives of the
press.
Invocation was given by Reverend Bud Abbott from the First Baptist Church,
followed by the pledge to the flag led by Boy Scout Troop 573.
CITIZENS REPORTS: Nothing to report.
DEPARTMENT REPORTS: Reports were given from the Fire, Police, Emergency
Management, Finance and Community Development departments. Larry Williams
also introduced J. D. Ruffner who was recently promoted to Captain in the
Fire Prevention Bureau to fill the vacancy left by Captain Jim Tidwell.
PUBLIC HEARINGS:
(A) Annexation of 20.50 acres on Ridge Road.
There was no opposition and Joel Harrell made a motion that 20.50 acres in
Land Lots 624 and 625 on Ridge Road be annexed into the City to become a
part of Ward 2, the legal description having been read and made a part of
the minutes of the August 18, 1986 meeting. Bob Davis seconded the motion
which carried 7-0.
(B) Rezoning of 20.50 acres on Ridge Road from R-20 to R-15.
John Patterson said that Mr. Fred Skiba was representing Marjorie Rabb
Wallace in their request to rezone this property just annexed . The
Planning and Zoning Board has recommended the zoning be approved. Adjacent
property is residential, primarily R-20. This tract will be added to the
smaller tract recently annexed in for development of a subdivision. There
were 7 in opposition and representatives from both sides were sworn in by
Mr. Camp.
Mr. Skiba said the property is accessed now by a driveway from Ridge Road
which they plan to develop into a full entrance into the subdivision and
dedicate to the City. The reason for the rezoning is due to the shape of
the property which is triangular shaped and very difficult to lay out. The
average lot size of the 38 lots is in excess of 20,000 square feet. All the
homes will be in excess of 2800 square feet in the price range of over
$200,000. Mr. Skiba said they felt it would be a beautiful community with a
lot of custom homes being built as well as homes built by his company.
Joel Harrell asked about the water runoff and Mr. Skiba said that
particular detail hasn't been dealt with by the engineers but they would
comply with city regulations. Sewer is on the property and city water is
accessed from 2 or 3 locations.
Jim Hawkins asked Mr. Skiba if there was any way to increase the size of
some of the smaller lots. Mr. Skiba said he would attempt to, but in the
whole subdivision there are only 9 lots ranging from 15,000 to 15,300
square feet and everything else is well in excess of that.
Jerry Mills said it was questionable as to whether or not the sewer line on
the property belonged to the City because originally it was a private line
owned by Raymond Moon. Mr. Skiba said he would cooperate with any parties
involved to allow them to utilize the line. There was some discussion about
the site visibility distance on Ridge Road from the proposed entrance. Mr.
Skiba said the mandatory site requirement in the county is 320 feet and
they have in excess of 270 feet which is 30 to 40 feet short of meeting
the county requirements. Mr. Skiba said their entrance would be flared out
and elevated to provide better visibility and the problem would not be
eliminated by moving the road 15 or 20 feet.
Jerry Greeson of 3800 Ridge Road spoke in opposition on behalf of his
neighbors. Mr. Greeson said they were opposed because of the concentration
of the smaller 15,000 square foot lots joining the rear of their lots. They
have no objection to the size of the homes or type of development but
disagreed that the topography prevented the builder from moving the road
September 15, 1986 - continued
and increasing the lot sizes. They were also concerned for the safety of
the neighborhood with the additional traffic and proposed entrance.
Emory Osborne and Max Blackman also spoke in opposition because of the
smaller lots adjacent to their homes and safety on Ridge Road. Mr.
Blackman asked that they be given the same consideration that the Cedar
Cliff homeowners had been given.
After further discussion, Joel Harrell made a motion the petition presented
tonight be made a part of the minutes as well as the letter of September
11, 1986 from Ann Kirk, President of Cedar Cliff Neighborhood Association
and the drawing as prepared by Civil Design, Inc. of Atlanta, Georgia
dated May 12, 1986 entitled "Zoning Plat for A.F.R. Properties, Inc. and
that the subject property be rezoned from R-20 to R-15 subject to the
following stipulations:
1) All homes in the proposed subdivision shall have a minimum of 2800
square feet of heated floor space and shall be of an architecture
compatible with the existing homes surrounding the property.
2) All utilities shall be installed below ground and street lights shall
be installed with fiberglass poles.
3) All homes shall have attached 2 car garages.
4) Lot shown as #3 "fronting on Ridge Road shall not be subdivided and
shall remain at 0.966 acres as shown and shall have only one single family
residence constructed on it.
5) Lots 3 through 11 as shown on plat shall have a minimum of 17,500
square feet each and shall be a minimum of 100 feet in width at the front
set back line.
6) Lots 3 through 15 and lots 17 through 21 shall have a rear setback of
not less than 45 feet.
7) 20 foot sewer easements shall be granted at lots 38 and in the vicinity
of lots 4 and 5 so as to provide for possible future sewer connections for
existing lots facing Ridge Road, with the exact location to be determined.
by the developer's engineer and the city engineer prior to final platting.
Also at the locations where the sewer easements come into the right of way
of the proposed new access road, sewer manholes shall be installed in the
proposed street with stubs to the right of way line for future tie-ins.
8) Traffic control devices shall be placed at the intersection of Ridge
Road and the new access road at the developer's expense. These control
devices shall consist of three-way stop signs or full traffic signals.
i.e., lights, as deemed appropriate by the city engineer. During
construction of this subdivision, the developer will also be responsible
for providing flagmen as necessary to protect this intersection for
construction vehicles ingress and egress to Ridge Road.
9) Prior to approval of final plat by the city, the developer shall show
evidence of protective covenants for the subject subdivision.
10) Subdivision of the subject property shall result in no more than a
total of 38 lots as shown on plat.
Jerry Mills seconded the motion to approve the zoning which carried 5-2
with Jack Shinall and Kathy Brooks opposed.
(C) Annexation of 22.80 acres on Argo Road.
John Patterson said this property is located in Land Lot 617, fronting on
Argo Road just north of Highlands Park. There was no opposition and 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
August 18, 1986 meeting. Jerry Mills seconded the motion which carried 7-0.
(D) Variance request to increase square footage of sign for 7-11 at 1828
Spring Road.
'ZP I
September 15, 1986 - continued
Bob Davis made a motion the variance be tabled to the next meeting so that
he could meet with representatives of 7-11 since there are some questions
about the configuration of the sign. Jack Shinall seconded the motion which
carried 7-0.
(E) Variance request to increase square footage of sign for 7-11 on Old
Concord Road.
Jack Shinall made a motion the variance be tabled to the next meeting. Bob
Davis seconded the motion which carried 7-0.
(F) Variance request to allow off premise sign for Castellaw Funeral Home.
John Patterson said that Mr. B. C. Castellaw.has recently found out that
his existing sign on Church Road at South Cobb is to be removed due to
modifications to the intersection. He is asking for a variance to place the
sign on the adjacent corner where the church is located. The sign is very
attractive and will be in keeping with the appearance of the surrounding
property.
There was no opposition from the audience. Mr. Castellaw said he had
obtained a letter of approval from the church allowing a directional sign
to his business. City ordinance allows only one sign per property frontage
and Mr. Castellaw said their existing sign was on South Cobb Drive and his
sign would actually be facing Church Road.
With little discussion, Jim Hawkins made a motion the variance be approved.
Jack Shinall seconded the motion which carried 7-0.
(G) Variance request to reduce rear and side yard setback requirements for
development on Concord Road @ Lamar Circle.
John Patterson said that John Dickson had requested two variances for this
property at 737 Concord Road; one to reduce the rear yard setback from 50
feet to 20 feet and also to reduce the west side setback from 33 1/3 feet
to 14 feet for development of a shopping center. There was no opposition
from the audience.
Mr. Dickson said this was a valuable piece of property and economically
felt the best use was for a shopping center. There are two curb cuts on
Concord now but they were proposing an ingress lane only from Concord with
the exit onto Lamar Circle. The property has been zoned General Commercial
for 12 years. Mr. Dickson said he had obtained letters of approval from the
adjoining property owners. Mayor Bacon said a letter was received by the
City late this afternoon from Elizabeth Nix, owner of 3262 Hampton Court
rescinding her previous approval of the development because she was unaware
of the variances and did not realize how near the building would be to her
home. Mr. Dickson said he talked to Mrs. Nix, showed her the plat and
thoroughly explained what he was proposing and she stated that anything
would be an improvement over what is on the lot now.
Jim Hawkins said this property was already zoned General Commercial when it
was annexed and felt they should work with Mr. Dickson. The variances are
not as severe as they might appear since only one or two points of the
center will not meet the setback requirements and not the entire building.
Jim Hawkins made a motion the variances at 737 Concord Road be approved as
requested. Hugh Ragan seconded the motion with the added stipulation that
there be an understanding that right turns only would be allowed from
Concord Road. Vote on the motion carried 4-3, with Jack Shinall, Kathy
Brooks and Bob Davis opposed.
(H) Liquor, beer and wine pouring license request for Jade Villa Chinese
Restaurant, 3240 South Cobb Drive.
Jim Hawkins made a motion the license be tabled to the next meeting to give
the committee an opportunity to meet with the applicant, Mr. Wing San Chung
to be sure he understands the ordinance and how it should be enforced. Jack
Shinall seconded the motion which carried 7-0.
FORMAL BUSINESS:
(A) Validation of signatures to annex property on Oak Drive/Oakdale Road.
September 15. 1986 - continued
Attorney Camp read the application for annexation of 9 parcels on Oak
Drive/Oakdale 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
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 Lots 753 and 688
of the 17th District, 2nd Section, Cobb County, Georgia, being more
particularly described as follows:
BEGINNING at a point marked by an iron pin at the northeasterly corner of
Oakdale Road and Oak Drive, thence running east along the north side of Oak
Drive 955.20 feet to a point; thence northeast a distance of 50 feet to the
west right of way line of South Cobb Drive; thence southeast a distance of
80 feet along the westerly right of way line of South Cobb Drive; thence
northwesterly a distance of 160.0 feet to a point; thence westerly a
distance of 150 feet to a point; thence south a distance of 487.8 feet to
the south land lot line of Land Lot 753; thence west a distance of 300.0
feet to a point; thence north a distance of 265 feet to a point; thence
southwesterly a distance of 370.0 feet to a point; thence northwesterly a
distance of 165 feet to a point on the easterly right of way of Oakdale
Road; thence 275 feet northeasterly to the north right of way of Oak Drive
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 60% of the electors resident in the area described
below: s/DONALD C. EVANS, MARY JOYCE EVANS, GEORGIA E. HIATT, WALTER RAY
LIGHT, MARY I. LIGHT
Witness the signature of the record title holders of the fee simple title,
or his legal representative, of 60% of the land area described by acreage:
s/DONALD C. EVANS, MARY JOYCE EVANS, JEAN E. FRAZIER, ROBERT L. DIXON,
LOUISE B. WHITMIRE, B. M. CHESTER, SUE MARIE CHESTER, THOMAS T. WHEATLEY
Hugh Ragan made a motion the signatures be validated and the public hearing
date set for October 20, 1986. Joel Harrell seconded the motion which
carried 7-0.
(B)' Validation of signatures to annex property on North Cooper Lake Road.
Attorney Camp read an application for annexation of 3.709 acres in Land Lot
334 fronting on North Cooper Lake 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 334, 17th
District, 2nd Section, Cobb County, Georgia being more particularly
described as follows:
BEGINNING at a one and one quarter inch pipe found at the southwestern
corner of Land Lot 334, said point being the TRUE POINT OF BEGINNING;
thence north 06 degrees 31 minutes 00 seconds east along the western line
of said Land Lot 334 a distance of 491.04 feet to a one inch pipe found;
thence south 87 degrees 23 minutes 04 seconds east a distance of 330.00
feet to a one half inch reinforcing rod set; thence south 06 degrees 31
minutes 00 seconds west a distance of 490.44 feet to a point on the
southern line of Land Lot 334; thence north 87 degrees 29 minutes 19
seconds west along said Land Lot line a distance of 330.04 feet to a one
and one quarter inch pipe found at the southwestern corner of Land Lot 334,
said point being the point of BEGINNING and containing 3.709 acres.
September 15. 1986 - continued
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/R. B. GUNN
Hugh Ragan made a motion the petition be validated and the public hearing
set for October 20, 1986. Bob Davis seconded the motion which carried 7-0
BID AWARDS:
(A) Employee Benefit Analysis
John Patterson said that money was budgeted this year to conduct a
comprehensive benefits analysis to ensure the benefits we are providing our
employees are comparable with the market and are meeting the needs of the
employees. A request for proposals was sent to several consulting firms
with several responding.
Hugh Ragan said that none of the 4 responding actually bid on the same
level of service and each one had a different procedure for conducting the
study which made the analysis a little more difficult than they had
anticipated. The Finance Committee felt the best proposal was from A. S.
Hansen Company who is not the low bid, but it was their feeling they were
providing more for the dollar. Hugh Ragan made a motion the benefits
analysis be awarded to A. S. Hansen on the following basis:
1) Proven success and ability in addressing all areas under the scope of
services in a qualitative manner.
2) Proposal clearly evidenced a depth of analysis in thinking that was
absent in all other proposals.
3) Proposal reflected an approach which is in sync with the participative
management style.
4) A. S. Hansen is an Atlanta -based firm with extensive experience.
5) The professional credentials of the personnel assigned to the study are
outstanding.
Funding will be $15,000 from the budget which was allowed for this study
with the additional $5,000 to $10,000 coming from the $183,000 budgeted for
improved benefits package. Kathy Brooks seconded the motion which carried 7-
0.
(B) Park Equipment
John Patterson said there were funds budgeted in the CDBG block grant to
improve Rose Garden Hills park and bids were received from several firms
recently. Based upon the recommendation of John Patterson, Kathy Brooks
made a motion the low bid of $5,137.00 be awarded to Bliss Products for 4
bleachers sets, 10 picnic tables and 6 park benches. Hugh Ragan seconded
the motion which carried 7-0.
(C) Sherwood Road Sewer System
John Patterson said some time ago bids were requested from several firms to
provide service to the Sherwood Road sewer basin area which heretofore has
not had sewer service. Bids were received from 8 contractors with Unity
Construction being the low bidder. Joel Harrell made a motion the low bid
of $188,677 be awarded to Unity Construction for installation of the main
trunk line and two lines to provide service to a portion of the Concord
Road area. Joel said these areas were determined to be top priority in
order of need. John Patterson said the line segments were costed out based
upon linear feet and they anticipate that segments A, G and H on the plat
were properly scaled off, but if not there may be some variation in final
cost. Jim Belk said this contractor had also included in his bid price
whatever rock he felt was there to cover excavation. Jim suggested council
leave some leeway in the approved price until they get more accurate
figures.
September 15, 1986 - continued
WILLOUISE C. SPIVEY,
After further discussion Joel Harrell withdrew his original motion and made
a motion the bid be awarded to Unity Construction in an amount not to
exceed $200,000 subject to the bid award being conditional on necessary
easements being acquired prior to October 18, 1986. Jim Hawkins seconded
the motion which carried 7-0.
COMMERCIAL BUILDING PERMITS:
(A) Steel Construction requested a building permit for new construction at
5400 Highlands Parkway at a total estimated cost of $650,000. Hugh Ragan
made a motion the permit be approved subject to approval of the Inspections
Department, Fire Marshal and City Engineer. Kathy Brooks seconded the
motion which carried 7-0.
COUNCIL INPUT:
Bob Davis congratulated Doyle Purvine and Dana Fawbush in the Fire
Department for completing the smoke divers school and also congratulated
Captain Ruffner on his appointment.
Jerry Mills said he was getting, a lot of complaints from residents on
Whitfield Street about the cleanup and landscaping not completed since the
sewer line was installed and asked Jim Belk to get in touch with the
contractor again.
Jim Hawkins also congratulated Captain Ruffner on his recent promotion. Jim
Hawkins stated he .was working on the stop sign at Clifton Road and Rita
Place and hoped to have one in place soon.
Jack Shinall said the residents of the Oaks of Concord Road had requested a
stop sign within the development and asked Mr. Patterson to check first to
see if the streets have been dedicated.
Kathy Brooks reported on parks activities and reminded everyone of the Fall
Festival this weekend.
Mayor Bacon said the golf course was now officially open and there were 255
people to play Sunday.
Mayor Bacon also reminded everyone that Howard's Delicatessen had moved
into the City at Cobb Center Mall and tonight was their first -night to be
open for business.
With no further business, meeting adjourned at 10:10 p.m.
A. MAX BACON, MAYOR
BOB DAVIS, WARD 1
G
Cedar Cliffs Neighborhood Association, Inc.
c/o 1669 Cedar Cliff Drive
Smyrna, Ga. 30080
Mr. Joel Harrell
Councilman, Ward 2
City of Smyrna
Dear Mr. Harrell and Members of the Council: September 11, 1986
This letter is to re -affirm the support of the residents of Cedar Cliffs and
this Association for the rezoning of the Wallace property from R-20 to R-15
incorporating the stipulations outlined in our letter to you on June 29, 1986.
Since then, Mr. Skiba has agreed to increase the minimum heated floor space
from 2000 square feet per home to 2800 square feet per home. He has also
agreed that no matter how the final platte is submitted, there will be no
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more than the original number of lots (38). At our regular Quarterly Meeting
last night, support for this rezoning was unanimous and enthusiastic. As you
know, this is a rather unique position for us to take, but we have learned
that strict quality control can be more important to property values"than
the difference between R-20 and R-15-lot sizes., Furthermore, while we all
would rather the forest remain undisturbed forever; we realise that this
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is an unrealistic, if not foolhardy, point of•'view. Mr. Skiba's plan.,for '
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`r 1j 38 homes on this property is, we feel, both reasonable and desirable in
terms of density and total impact on the Ridge Road area and the city itself.
We urge you to approve this rezoning without delay for the benefit of the
entire community.
Thank you, as always, for your attention in this matter. I shall be happy
to speak at the Council Meeting regarding our position on this matter. I
would also appreciate the Council's acceptance of this correspondence through
Mr. Harrell, as time did not permit me to write to each of you individually.
Sincerely,
Ann Kirk, President, CCNA, Inc.
9
Cedar Cliffs Neighborhood -Association, Inc.
c/o 1669 Cedar Cliff Dri.ve
Smyrna, Georgia, 30080
,Mr. Joel E. Harrell
} `Councilman, Ward 2, City of Smyrna June 29,, 19.86'„
:Dear. Mr . Harrell:
At a meeting sponsored.by Cedar C1i.ffs.,Neighborhood'Association, Int._9%
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),_ cur.rently 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 t1i,e'following stipulations:`
1) Homes`. gill; be' built: as close to the, curb as allowed, by.
minimum setbacks.►:wherever possible.=
r' 2) 0n lots` adjacent;tor ;Cedar Cliffs,: subdi'vision"; there, will
4
be a, 45:-foot"setback from ,the 'near prope,rty:.aine:'
3) Minimum 2000 square';: foot` heated",floor.' space <in,� every, home.
k 4) Underground. utilities throu_ghout'the-development�: .;
5) Fiberglass streetlight"poles`::. '
Present at the meeting were residents of 'four lots that border. the
F property up for rezoning., Mr. Skiba;'s.. good, •faith.. in meeting with. ,
-,us` at our convenience and -agreeing to the -se. tipulations was.` great"Iy.
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 a-,X,)
Mr. Max Bacon Ann Kirk, President, CCNA,Inc.
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EXISTING ZONING COBB COUNTY - R-20
DrIS77AV ZONING CITY CF SMYRNA - R-20
PROPOSED ZONING COBB COUNTY - R — 15
PROPOSED ZONING CITY OFSMYRNA - R-15
AREA COBB COUNTY - /9. 53 AC
AREA CITY OF SMYRNA a/. 21 Ar.
TOTAL AREA - 20.74 AC.
TOTAL NO. LOTS - 38
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