11-03-1986 Regular Meeting3$
November 3, 1986
The regular scheduled meeting of Mayor and Council was held pursuant to the
Charter on November 3, 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 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 Councilman Jim Hawkins, followed by the pledge to the
flag.
CITIZENS INPUT: Ed Chupp of 3620 Hickory Circle presented a petition to
council with 16 signatures requesting that the City place two speed humps on
their street on a trial basis. Joel Harrell thanked Mr. Chupp for their
request and assured him that we would look into it.
A spokesman for United States Senate candidate Wyche Fowler was present and
urged everyone to vote tomorrow in the General Election.
Gordon Mortin with Lex Jolley & Associates and members of the Smyrna Housing
Authority presented a check to the City for $20,902.50 to pay for the street
lighting on Village Parkway. Bob Arnold said this money was earned by the
Housing Authority and is to be put back into the City for improvements that
they deem fit.
Mayor Bacon read a proclamation honoring news commentator LeRoy Powell who is
also a resident of Smyrna and presented him with the traditional crystal
jonquil.
Jerry Mills read a proclamation for "Poppy Day" and presented it to Marge
Corso, President of the Womens Auxiliary of the American Legion Post 160.
DEPARTMENT REPORTS: Reports were given from Public Works, Clean City
Committee and the Library.
PUBLIC HEARINGS:
(A) Variance request to reduce buffer adjacent to residential property for
development at 3191 Lusk Drive.
John Patterson said that Michael Savage of MOS Development is requesting a
buffer variance for development of a 106,000 square foot shopping center. The
ordinance requires that wherever a tract of land in excess of 5 acres abuts
residential property that there be a 50 foot buffer and they are requesting a
reduction to 25 feet. In addition, they recently have revised their plans and
have gone to a planned shopping development by moving one building from its
position near the anchor tenant to the side and in doing so have created two
buildings on one lot which requires a 50 foot setback rather than the 30 feet
they planned on. There was no opposition.
Mr. Savage said on the south side of his property next to the apartments he
wanted to have a service drive for loading and unloading and were requesting a
25 foot buffer for that. They will plant pine trees on the slope and actually
improve the appearance. Because they need to separate the buildings a
technicality in our ordinance requires a 50 foot setback rather than the 30
foot setback they planned on. Mr. Savage said he had contacted the adjacent
property owners and no one was in opposition to this variance.
Jim Hawkins made a motion the variance be approved to allow a 30 foot setback
line for his development rather than 50 feet and also that the 50 foot buffer
adjoining the multi -family residential property be reduced to 25 feet. Bob
Davis seconded the motion which carried 6-1, with Joel Harrell opposed.
(B) Variance request to reduce number of required parking spaces at 3191 Lusk
Drive.
John Patterson said Michael Savage was also requesting a reduction in the
required number of parking spaces from 5.5 to 5.0 spaces per 1,000 square feet
or from 583 to 530 spaces total for his new development.
There was no opposition. Mr. Savage said a study of parking requirements
prepared by Urban Land Institute indicates 4.5 spaces to be sufficient and he
was building another shopping in Roswell using 5.0 spaces per 1,000 square
feet. The reduction in parking will also allow them to provide more
landscaping and make the development more aesthetically pleasing. Without the
variance, he would have_to reduce his available retail space.
November 3. 1986 - continued
Jack Shinall suggested that we update our ordinance concerning parking
requirements if need be since we have recently had quite a few variance
requests. Jim Hawkins made a motion the variance be approved. Jerry Mills
seconded the motion which carried 6-1, with Joel Harrell opposed.
Mayor Bacon recognized Congressman Buddy Darden in the audience.
(C, D, E, F) Variance request at 10973, 1099, 1101 and 1103 Creatwood Trail.
John Patterson said the next four variances were all similar in nature and Mr.
John Beasley with TWB Developers had requested the variances on front yard
setbacks for one entire building in the Cumberland Vail development. Two of
the units require a variance from the 25 feet required to 16.5 feet and the
other two units of that building require a variance from 25 feet required to
13.1 feet. There have been mistakes made by a surveying team and when the
building was staked out they measured from the curb line rather than from the
correct center line of the road. There was no opposition.
Mr. Beasley said this was another situation they had found themselves in due
to an error by the original surveying team. Mr. Lynah's office was responsible
for laying out the center of the roadway and his error was not discovered
until they were underway with the project. A similar variance was granted in
the development 5 or 6 months ago. The superintendent was responsible for
laying out the building in question and he was not familiar with the situation
Mr. Lynah created and did not realize the road was not centered in the right
of way.
Joel Harrell said the road had been constructed approximately 5 feet off the
centerline and these variances range anywhere from 8 1/2 feet to 12 feet so
apparently there is more of a problem than just pulling from the wrong
reference point. Mr. Beasley said it was a very difficult problem and when
they hired Georgia Land Surveying to help them, it had taken over 2 months to
get to the point where they could proceed with construction of any of the
units.
Mr. Beasley said they found the error when they were about 40% complete. They
were laying out driveways and anticipated they would be longer in front of
this building because the road was shifted further toward the opposite way but
he noticed they were actually the same length as the buildings across the
road. Work was slowed down but not stopped completely for about 15 to 20 days.
Mr. Beaseley was asked how he would have corrected this error if it had been
discovered before construction. Mr. Beasley said they would have moved the
building back from the property line; they have plenty of room to the rear to
do that because they back up to a very large green space along Atlanta Road.
The property is certainly large enough to support the unit.
Joel Harrell asked if there had been any discussion with the State Department
of Transportation on the right of way required for widening of Atlanta Road.
Mr. Beasley said at this point, that has not happened and was not aware of any
surveying.
Max Bacon asked Mr. Beasley if he was involved during the last variance and
the answer was yes. Mayor Bacon said at that time council made it very clear
that they did not expect them to be back again for additional variances and
asked what they did after the first variance was approved in March to prevent
similar mistakes. Mr. Beasley said they hired Georgia Land Surveying to take
over surveying responsibilities and adjusted their schedules whenever possible
to coincide with the surveying crews. In this case they could not wait any
longer and the superintendent laid out the building and proceeded on that
basis.
Joel Harrell asked what they would do if the variance was turned down for any
reason. Mr. Beasley said basically they would have to cut off the front of
these units which would eliminate the upstairs bedroom and garage underneath
and result in a unit that is uninhabitable and unsaleable.
Jack Shinall asked what action they had taken against their previous surveyor.
Mr. Beasley said Attorney Arthur Crowe is also a partner in Cumberland Vail
Associates and intends to address the matter after the project is complete in
terms of possibly pursuing this through the courts.
Joel Harrell said this variance puts the City in a very difficult position in
that the builder is asking us to vary from our regulations caused from a
problem that they have created. It is not a situation where the building would
November 3. 1986 - continued
not fit on the property, it is from their own errors. Any hardship caused from
this is self-inflicted and is not something that couldn't have been avoided.
Because of these mitigating circumstances and other questions that have been
unanswered, Joel Harrell made a motion. these 4 variances be tabled to the next
meeting to afford more time to investigate what could be done and study the
ramifications involved in the variance. Jerry Mills seconded the motion to
table which carried 7-0.
(G) Four (4) variances requested for development of property on Atlanta Road
next to Paces Ferry North Townhomes.
John Patterson said that Robert S. Jordan and Claude E. Sessions are
requesting variances, 1) to reduce minimum lot area from required 40,000
square feet to 37,026, 2) reduce required front yard setback of 75 feet to 50
feet, 3) reduce minimum setback of 50 feet where property abuts residential to
25 feet and 4) reduce minimum rear yard setback of 30 feet to 20 feet.
Joel Harrell said he had talked to Mr. Sessions last week and due to some
questions he had about the development felt it would be better to table this
variance to the next meeting. Joel Harrell made a motion the variances be
tabled to the November 17th meeting. Jack Shinall seconded the motion which
carried 7-0.
(H) Variance request to reduce buffer adjacent to residential property for
construction of doctors office on South Cobb Drive.
John Patterson said that Jerry Cox and John Long of Long & Cox Properties are
requesting a reduction in the required 50 foot setback adjoining residential
property to 32 feet. Their plans are to build a single story doctors building
with parking underneath. The affected property owners have been contacted.
There was no opposition from the audience.
Mr. Cox said when they petitioned council for the rezoning, they had a
preliminary study of the building to determine the square footage -that could
be developed. Upon closer scrutiny from Mr. Paul Linney their architect, they
found an alternate plan which they felt would be much more appealing to the
area as well as to the residents, by having the parking under the building.
The other alternative would be to have a smaller project with parking in the
surrounding area around the building which would not allow as much green
space. Only one corner of the proposed building will actually penetrate the 50
foot setback and they felt that all the residential property to the south
would eventually become commercial also.
Jim Hawkins said this zoning was approved 2 meetings ago and at that time he
asked about the residential property adjoining this and specifically if it
could be developed without any variances and was told that it could be. Jim
asked how the change in parking could necessitate the variance. Mr. Cox said
the first feasibility study was done in-house and they realized later that it
was not a feasible plan. Because this is a doctor's building, they are
providing over sized parking spaces and will provide more spaces than the
ordinance requires. Handicapped parking will be in front of the building at
grade level but if those are all filled, additional parking will be under the
building where an elevator will be installed.
Mr. Linney said if the variance was denied, the option was to go up with the
building which will increase the cost and spread the parking around the
building. The building cannot be shifted 18 feet because they are within a
couple of feet of the setback line on the north side and that is also not
feasible because of the grade differential. Of the affected property owners on
the residential street there has only been one objection to the variance.
There is a minimum impact on her property but she was unwilling to meet with
them.
Jim Hawkins said when the zoning came before council he had some concerns at
that time because it adjoins a residential street but thought it was a valid
request since the property also fronts on South Cobb Drive and is bordered on
the north by commercial property. When council was told that the property
could be developed without variances, he used that as a basis in his decision
to. vote for the zoning, otherwise he would have never supported the original
zoning. For those reasons, Jim Hawkins made a motion the variance be denied.
Jerry Mills seconded the motion which carried 7-0.
(I)' Request for beer and wine package license - Cartwheels, Inc., Cobb
Center.
November 3, 1986 - continued
John Patterson said that Linda Wilson has submitted an application as the
appointed agent for Cartwheels, Inc., at Cobb Center Mall. Chief Little's
investigation has indicated a problem with the applicant but the problem
concerns only traffic violations and therefore is not within the scope of the
ordinance. Therefore, there are no problems associated with the applicant that
would require denial or a waiver from council.
Ms. Wilson said that Cartwheel's is a convenience -type variety store similar
to Drug Emporium. They will carry health and beauty aids, snacks, drugs, beer
and wine, etc. Ms. Wilson said she was the Administrative Assistant and will
be working in the corporate office which will be located in the store at Cobb
Center. Also, she has read and understands our ordinance. When the manager of
the store has lived in Cobb County for one year and meets residency
requirements, the license will be transferred to his name.
Kathy Brooks made a motion the license be approved. Jack Shinall seconded the
motion which carried 7-0.
FORMAL BUSINESS:
(A) John Patterson said the State Department of Transportation has requested
the conveyance of 3 small parcels of property owned by the City, necessary for
the widening of Atlanta Road. One of the lots contains .03 acres next to
Kennesaw Finance; another .03 acres next to the Depot and the third parcel
containing .004 acres at the corner of Atlanta Road and Bank Street.
Attorney Camp suggested the right of way deeds be amended by deleting the next
to the last paragraph and attach a cover letter stating the property will
revert back to the City if not used for the widening of Atlanta Road. Jerry
Mills made a motion the conveyance deeds be approved. Joel Harrell seconded
the motion which carried 7-0.
(B) Change name of street.
John Patterson said that Mr. Rob Berry has requested that the City change the
name of Crumley Drive to Windy Hill Place. Crumley Drive runs north and south
between Smyrna -Roswell and Whitfield Street and will soon be widened and paved
as part of the construction underway by Windy Oaks Development. There is only
one other house on the street other than Mr. Berry's development and it is
soon to be torn down. Jerry Mills made a motion that Crumley Drive be renamed
to Windy Hill Place. Kathy Brooks seconded the motion which carried 7-0.
(C) Validation of signatures to annex .532 acres on Spring Street in Land Lot
631.
John Patterson said that Robert C. Davies has requested the annexation of this
100 x 200 lot behind Brake-0 which is already zoned General Commercial.
Attorney Camp read the application 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 631, 17th
District, 2nd Section, Cobb County, Georgia and being part of Lot 8 and being
East Smyrna Subdivision, as per plat recorded in Plat Book 4, page 125, Cobb
County, Georgia Records, and being more particularly described as follows:
BEGINNING at a nail in the pavement on the southerly right of way of Spring
Street 100 feet westerly as measured along the southerly right of way of
Spring Street from the corner formed by the intersection of the southerly,
right of way of Spring Street and the westerly right of way of Jonquil Drive;
running thence south 02 degrees 30 minutes 39 seconds west a distance of 200
feet to an iron pin; running thence south 88 degrees 59 minutes 28 seconds
west a distance of 101.3 feet to an iron pin; running thence north 02 degrees
53 minutes east a distance of 200 feet to an iron pin on the southerly right
of way of Spring Street; running thence north 88 degrees 00 minutes east a
distance of 100 feet to the point of BEGINNING.
November 3, 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/ROBERT C. DAVIES, III
Jerry Mills made a motion the petition be validated and the public hearing
date set for December 8, 1986. Bob Davis seconded the motion which carried 7-
0.
RTn AwARng
(A) Renovation of ladies restroom in City Hall.
John Patterson said that bids have been secured from two contractors for
creation of a handicapped restroom where the ladies bathroom currently exists.
Funds were budgeted through the Community Development Block Grant and Federal
guidelines have mandated that public buildings be accessible to the
handicapped. With the completion of this project, the renovation work for City
Hall will be completed.
Based upon the recommendation of John Patterson, Hugh Ragan made a motion the
bid for the renovation of the restrooms be awarded to Hatcher & Sons, the low
bidder at $5,430.00 to be paid from the CDBG fund. Joel Harrell seconded the
motion which carried 7-0.
COMMERCIAL BUILDING PERMITS: No permits to present to council.
CONSENT AGENDA•
(A) October minutes
(B) Stop signs on Cedar Cliff @ Cedar Ridge
(C) No parking signs on Knoll Road (from Teasley to Gordon)
(D) Stop signs on Hickory Circle & Ashwood (3-way location)
Jim Hawkins made a motion the consent agenda be approved. Jerry Mills seconded
the motion which carried 7-0.
COUNCIL INPUT•
Mayor Bacon said that former Police Chief Bob Drake passed away today. His
body is at Castellaw Funeral Home and the funeral will be Wednesday at Smyrna
Christian Church. Mayor Bacon asked everyone to remember the Drake family in
their prayers.
Mayor Bacon reminded everyone that tomorrow is election day and to please
vote.
Joel Harrell said the drainage study is underway now and the overall project
is about 30% complete. Jim Belk gave a progress report on Phase II of the
sewer rehabilitation and stated this phase is about 40% complete.
Jim Hawkins said we are proceeding with construction of the new courtroom and
hopefully it will be ready by the first of the year.
Jack Shinall asked John Patterson to check into the request for a stop sign in
the Oaks of Concord and give him his recommendation. Jack said he was ready
for a Community Development meeting and would try to schedule one this week.
Kathy Brooks reported on parks activities and thanked the Parks Department,
civic clubs, Cobb Center merchants and the American Legion ladies auxiliary
for a great Halloween Carnival. Kathy also reminded everyone of the Senior
Citizens Anniversary November 12th at the Church Street facility.
Kathy Brooks said construction has started on the Cherokee Road extension and
asked for everyone's patience during construction.
Hugh Ragan said the Bennett Woods Garden Club will have a Tour of Homes on
December 7th to benefit Open Gate. This is a temporary shelter for abused
children, and a very worthwhile cause.
With no further business, meeting adjourned at 9:40 p.m.
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