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12-08-1986 Regular MeetingJZP December 8, 1986 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on December 8, 1986. The meeting was called to order by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Attorney Charles E. Camp, City Administrator John Patterson, Assistant City Clerk Melinda Dameron and representatives of the press. Invocation was given by Bishop Jack Beals from the Church of Jesus Christ of Latter Day Saints, Smyrna Ward, followed by the pledge to the flag. CITIZENS INPUT: Nothing to report. DEPARTMENT REPORTS: Sherry Reavis and Doris Morris were both out sick and Vic Broyles reported from the Public Works DeOpartment. PUBLIC HEARINGS: (A) Rezoning request for 1502 Whitfield Street from R-15 to RTD. John Patterson said that Bill Davis with Northwest Corridor Properties is requesting this 2.035 parcel be rezoned to residential townhouses. The property surrounding it on all sides is R-15 with the City park directly across on Whitfield Street. There are several improvements that Mr. Davis has agreed to make. This zoning will come under Section 1201 which allows for the acceptance of the development given the plat plan being accepted by council. There was no opposition. Mr. Davis said they were proposing to build 14 fee simple townhomes consisting of 7 buildings. The size of the units will be approximately 1360 square feet of heated floor space, exterior brick and hardboard wood siding valued at approximately $76,900. In addition, they are proposing to make improvements to North Avenue by curbing one side, building a cul-de-sac, widening the street to 24 feet and installing 2 street lights. They will also build an 8" water line from the existing tap that comes through the park to the property and run a 6" water line down North Avenue. They will also save as many of the large hardwood trees on North Avenue as possible . These will be 2 bedroom 2 1/2 bath units. Mr. Davis said they are currently doing lease/purchases. Their ultimate plan is to sell the units but they would like to reserve the option to either lease or lease/purchase in the meantime. Several members of council expressed their concern about the lease/purchase and Jack Shinall said one reason council considered the plan is because they were under the impression that the units would be owner/occupied because it was their desire to maintain the neighborhood as residential, rather than rental properties. Jerry Mills asked Mr. Davis if he would agree to a stipulation to sell each unit and he said he would. Mr. Camp stated he did not believe that would be a valid stipulation. After further discussion Jerry Mills made a motion that this property be rezoned RTD under Section 1201 of the zoning ordinance which also provides that this zoning is conditioned upon it being built as submitted. This will, in affect, also be the granting of a variance in the front lot width along North Avenue from 50 feet to 29 and 30 feet on Lots 2 thorough 11 as shown on the plats submitted. Jack Shinall said he was not comfortable with the zoning tonight and council had not been able to talk about it as much as he would like. Jack Shinall made a motion the zoning be tabled to the next meeting for further review. Bob Davis seconded the motion to table which carried 7-0. (B) Rezoning request at 1540 Whitfield Street from R-15 to RD, Duplexes. Jerry Mills made a motion this rezoning be tabled to the next meeting. Jack Shinall seconded the motion which carried 7-0. (C) Variance request to reduce front yard setback at 1246 Concord Road. John Patterson said that James R. Nichols is requesting the required front yard setback of 50 feet be reduced to 32 feet at 1246 Concord Road. The existing structure which is only 5 feet from the property line will be torn down and a new 2 story brick building constructed. There was no opposition. Mr. Nichols said the property in question is at the corner of Hunter Street and Concord and the new building would be compatible with the two other structures he has already built on Concord. Although a variance is required it should be a definite improvement to the lot since the existing building is only 5 feet from the property line. 9 v December 8, 1986 - continued With little discussion, Jim Hawkins made a motion the variance be approved as requested. Kathy Brooks seconded the motion. After discussion, Jim Hawkins amended the motion to state that no parking or driveways would be allowed in the front of the structure and that it be landscaped. Jack Shinall seconded the amendment. Vote on the amendment and main motion carried 7-0. (D) Variance request to reduce rear and side setback on Atlanta Road. John Patterson said that Robert S. Jordan and Claude E. Sessions are requesting several variances for development of this property on Atlanta Road next to Paces Ferry North Townhomes. This variance came before council on November 3rd and November 17th and again this evening. There was no opposition. Mr. Sessions said they wre asking or 3 variances tonight; 1) to reduce the required lot area of 40,000 square feet to 37,026 feet; 2) to reduce the rear yard setback from the required 30 feet to 20 feet and 3) to reduce the side yard abutting residential property from the required 50 feet to 25 feet. They are proposing to build a 10,800 square foot building for speculative leasing. Mr. Sessions said they have owned this lot for approximately 3 years and have considered several alternatives for development but this plan seems to be more feasible. They felt it would be an improvement to the property as it now exists. Joel Harrell said this was the last piece of the overall larger tract consisting of 5 acres, containing .85 acres. Mr. Sessions said all the adjacent affected property owners had been contacted and no one had expressed any outright opposition. They planned to landscape the area adjacent to the townhomes and the elevation is such that they should not be affected by the development. From the lower level of these units, you cannot see any of the industrial development. They have had several conversations with these people and have told them we would work with them in any way possible and I think they have realized that because of the elevation, there will not be the problem they anticipated. Joel Harrell asked if these variances were approved if he would be back again. Mr. Sessions said he certainly hoped not because it was their intentions to construct the building as presented tonight. Joel Harrell made a motion the following variances be granted for the subject parcel located on Atlanta Road adjacent to Paces Ferry North Townhomes: 1) Reduce minimum lot area from 40,000 to 37,026 square feet. 2) Reduce the minimum setback on the west side of the property from 50 feet to 25 feet. 3) Reduce the minimum rear yard setback on the north side of the property from 30 feet to 20 feet. These variances are subject to the following stipulations: 1) No outside storage of materials shall be allowed on the subject parcel. 2) Acceleration/deceleration lane shall be installed across the full frontage along Atlanta Road. This acceleration/deceleration lane shall tie into the existing acceleration/deceleration lanes for Cumberland Vail and Paces Ferry North Townhomes. Sidewalks will be installed from the crosswalk across Atlanta Road to tie into the sidewalk at Paces Ferry North Townhomes. i 3) The existing entrance shall be closed and relocated to the existing 25 foot access easement as shown on the site plan attached to this variance request. 4) The south building wall and a minimum of 20 feet of the west building wall from the southwest corner of the proposed building shall be faced with a material other than typical metal siding. This alternate material shall cover a minimum of 50% of these walls. 5) The area between the acceleration/deceleration lane and the proposed parking area for the subject parcel shall be landscaped. The landscape plan for this parcel shall be subject to approval of the City of Smyrna. December 8. 1986 - continued Hugh Ragan seconded the motion. Jim Hawkins said he would not support the motion because the restrictions on the property were there, and the purchaser was well aware of those when he bought it. Also, the reason the property is zoned Light Industry now is because it was zoned as an origianl 5 acre tract which has since been subdivided into a lot that does not meet requirements for this classification. Vote on the motion carried 5-2, with Jim Hawkins and Jack Shinall opposed. (E) Request for pouring license - agent change - Casa Gallardo Mexican Restaurant. John Patterson said that Karen Ann Woods has made application to act as agent and license holder for E1 Torito Restaurant, Inc., d/b/a Casa Gallardo. Ms. Woods is the manager there and the police investigation was favorable. Chuck Camp stated that on question #23 of the application had a check mark by it instead of a yes or no answer. Mr. Camp asked Ms. Woods if she agreed to abide by such ordinances, laws and regulations as stated in that question and if she would so swear and the answer was yes. Ms. Woods said she also understood and ordinances of the City and also knew that she would be responsible for the license. With little discussion, Bob Davis made a motion the license be approved. Jim Hawkins seconded the motion which carried 7-0. (F) Request for pouring license - agent change - Red Lobster Restaurant. John Patterson said that Danny L. Adams had made application to act as agent and license holder for Red Lobster at 2579 Cobb Parkway. Mr. Adams is the area supervisor for Red Lobster and the police investigation was favorable. Mr. Adams said he was familiar with our ordinances and understood that he would be responsible for the license. Although this location is not under his direct supervisor he is a resident of Cobb County and that is why he was named agent. With little discussion, Bob Davis made a motion the license be approved. Joel Harrell seconded the motion which carried 7-0. (G) Request for pouring license - agent change - Papa's Bar and Restaurant. John Patterson said that Randall Dean Harris had made application to act as agent and license holder at Papa's Bar and Restaurant at 2401 Lake Park Drive. Mr. Harris is Vice President and Manager of Food Sales. The police investigation was favorable and Mr. Harris said he had read and understood our ordinances and knew that he would be responsible for the license. With little discussion, Bob Davis made a motion the license be approved. Jim Hawkins seconded the motion which carried 7-0. (H) Annexation of .532 acres on Spring Street in Land Lot 631. There was no opposition and Jerry Mills made a motion the .532 acres at 1666 Spring Street be annexed into the City to become a part of Ward 33, the legal description having been read and made a part of the minutes of November 3, 1986. Kathy Brooks seconded the motion which carried 7-0. (I) Annexation of 55 acres on South Cobb Drive @ Camp Highlands Road in Land Lots 619, 620, 677, 678, 692 and 691. There was no opposition and Hugh Ragan made a motion the 55 acre tract currently under construction by Post Properties 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 November 17,1986 meeting. Jack Shinall seconded the motion which carried 7-G. FORMAL BUSINESS: (A) Validation of signatures to annex approximately 2.5 acres at 725 Cooper Lake Road. Hugh Ragan said he had not had the opportunity to meet with the applicant about the use of this property and made a motion the application be tabled to the next meeting. Jack Shinall seconded the motion which carried 7-0. December 8, 1986 - continued (B) Appointment to Clean City Commission. Jerry Mills said that after careful consideration for this appointment, there was one person that always came to mind because she was always ready and willing to help the City in any way she could. She will be an asset to the Board because of her feelings for the City. Jerry made a motion that Lynn Griggs of 1085 Fleming Street be appointed to the Clean City Commission. Jack Shinall seconded the motion. Hugh Ragan said Lynn Griggs is a fine lady and always had done a tremendous job on anything she has undertaken but she does not live in Mr. Mills ward and his personal feeling was that if you start venturing out of your ward, then you are setting a dangerous precedent. Hugh said he felt the Mayor should be the only person to have control over appointing people from throughout the City because each council member was elected to represent a certain district. Kathy Brooks said she would support the motion because Fleming Street divides Wards 3 and 5 and felt that was close enough and thought when a street separates a ward, special consideration should be made. Vote on the motion carried 4-3, with Hugh Ragan, Bob Davis and Joel Harrell opposed. (C) Appointment to Planning and Zoning Board - Ward 7. Hugh Ragan made a motion that John Heaton be reappointed to the Planning and Zoning Board to represent Ward 7. Jack Shinall seconded the motion which carried 7-0. (D) Appointment to Smyrna Housing Authority - Ward 7. Hugh Ragan made a motion that John Hicks be appointed to the Smyrna Housing Authority from Ward 7 to fill the unexpired term of Martha Akin. Hugh thanked Mrs. Akin for serving on the Board these past few years. Jack Shinall seconded the motion which carried 7-0. RTn AWARngz (A) Petroleum products. John Patterson said that bids had recently been secured from two vendors for petroleum products for our city vehicles. Lance Oil Company and S. A. White submitted bids and it was determined that S. A. White was the low bidder. Based upon the recommendation of John Patterson, Joel Harrell made a motion the bid for petroleum products be awarded to S. A. White, through June 30, 1987. Bob Davis seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) John Dickson requested a building permit for construction of a strip shopping center on Concord Road @ Lamar Circle at a total estimated cost of $160,000. Jim Hawkins made a motion the permit be approved subject to approval of the Community Development Committee of Council. Hugh Ragan seconded the motion which carried 4-3, with Jerry Mills, Joel Harrell and Kathy Brooks opposed. CONSENT AGENDA: (A) No parking signs Cedar Cliff Drive (from Ridge Road) (B) No parking signs on Shawnee Trail (from Cedar Valley Drive) Joel Harrell made a motion the consent agenda be approved. Jim Hawkins seconded the motion which carried 7-0. COUNCIL INPUT: Joel Harrell gave an update on the sewer rehabilitation and said they were about 47% complete on Phase II. Joel Harrell said last Monday he had an opportunity to visit the Griffin School 6, 7 and 8 grade "Just Say No" program which was sponsored by Pizza Hut. Joel said this is an excellent program to educate our youth about drug abuse. Also, the Just Say No Club will have a musical presentation at 1578 Piedmont Avenue in Atlanta with tickets available at $5.00 each. Jack Shinall said the Community Development Committee had met and discussed December 8. 1986 - continued the proposed Architectural Review Committee. Jack said they have run into several problems in establishing the committee because we do not have definitive architectural zones. Jack Shinall also said the Just Say No Program is excellent and it is carried out through all the middle schools. Kathy Brooks invited everyone to drop by Centennial Park to see some of the new cards that have been delivered from the area schools. Hugh Ragan said the first Tour of Homes was yesterday and was very successful. Additional tickets were printed and they were all sold and proceeds are for a very good cause. Max Bacon said council just returned from the National Congress of Cities meeting in San Antonio and drug abuse was the single biggest issue discussed there. Max said he hoped that we could implement some type of drug program within the City. Max said he thought it was very important to educate our young people about drug abuse. With no further business, meeting adjourned at 9:00 p.m. December 15, 1986 The regular scheduled meeting of Mayor and Council was held December 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 Administrator John Patterson, City Attorney Charles E. Camp, Assistant City Clerk Melinda Dameron and representatives of the press. Invocation was given by David Roberts, Associate Pastor of Welcome All Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Nothing to report. Hugh Ragan presented a crystal jonquil to Martha Akin for serving on the Smyrna Housing Authority for 5 years and expressed his appreciation for the fine job. Jim Hawkins stated he also had a presentation for Jack Strickland, outgoing member of the Planning and Zoning Board but Mr. Strickland had not yet arrived and would delay the presentation to later in the meeting. DEPARTMENT REPORTS: John Patterson made a report from the Fire Department for Chief Williams and stated the reward is now up to $16,000 for information leading to arrest and conviction in the arson fires November 20-21. Reports were also given from the Emergeny Management and Community Development departments. PUBLIC HEARINGS: (A) Rezoning request at 1502 Whitfield Street from R-15 to Residential Townhouse District. John Patterson said that Bill Davis with Northwest Corridor Properties is requesting that this 2.035 acre parcel be rezoned to RTD for development of 14 townhouses in duplex fashion. Jerry Mills stated that since the last meeting there were several questions that had come up that were still unanswered and made a motion this rezoning be tabled again to the next meeting. Jim Hawkins seconded the motion which carried 7-0. (B) Rezoning request at 2106, 2090, 2070, 2080 and 2060 Oak Drive - 5211 and 5221 Oakdale Road from Residential to General Commercial. John Patterson said these homes were annexed into the City recently and the owners hoped to unify themselves and present a planned development for sale of their property to a good developer. The Planning and Zoning Board recommended the zoning be approved and there was no opposition from the audience.