07-12-1954 Regular Meeting8
The regular meeting of _the Mayor and Council was held at the City
Hall, July 12,, 1954 at 7 :45 P.M. Mayor G.N. Duncan Presiding with
the following Councilmen, present , G.R. Yarbrough, N.E. Brenner,
Jobrn Collier,, H.L.. McEntyre.
Minutes of ppevious meetings read.
Mayor Duncan read letter of appreciation from the Smyrna Pre -School
. sso.ciation for the help during the past school year,
Report of Fire Chief John Thomas read.
Motion by G.R. Yarbrough, seconded by N..E. Brenner that all the
property of B.F.. Reed, Jr. in Franklin Heights Sub -Division as
described. in his letter dated June 8, 1954 be brough into the City.
Voting Unanimous.
Motion by John Collier, seconded by V'.R.. Siddall that the tax_
report of $4; 077., 440.00 for 1954 by J.B. Parks Chairman of the
Tax Aecessor Board be accented. Voting unanimous.
Letter from Bob Lewis and Mr. Thomas of the Smyrna Dry Cleaning
requesting fbr a driveway and sidewalk resurfaced. between Smyrna
cleaners and Smyrna Cafe referred to Street and Sidewalk Committee
for study.
V.R.. Siddall reported Hawthorne and Marston Street had been re-
surfaced.
Motion by V.R. Siddall, seconded by N.E. Brenner that the Street
and Siderra.lk Committee be given authorized to act on the opening" -
of Bank Street to' South Cobb Drive. Voting unadmous.
S..D. Floyd of Magbee Drive presented a pertition regarding; the
assessed value of $2,700.00 assessed against the 3 bedroon houses
in Bennett Sub-Divisfin.
A group of citizens from fhurch, Mann and Stephens Street came
before Council in protest to the 1$150.00 Sei.>>er tap fee
Motion by V..R. Siddall where the sewer facilities now are available
in Ha.wtrorne, Marston, Mann, Church, Step hens Street that the
Sewer tap fee be $100.00 i_f tapped on within 30 days after avaible
and fee be $150.00 after that day.
Motion by H.L. Mc.Entyre that the ;people on the old streets be given
a deicer tap fee of 175.00.
L.G. Turner ofthe LaVista Builders Cb. requested that tre Old Mulkey
property on Church Street be brought into the City. Referred to
. Planning and Zoning Committee.
An ordinance was introduced by Councilman V.,R., Siddall and seconded
by Councilman John Collier providing that West Spring St., in the
City of Smyrna, shall be widened, paved and repaved. Copy of
said ordinance attached to these minutes and made a part thereof.
Move for adoption of Section 5,6 aid 7 of ordinance for Widening,
pring• St . b y Gounci loran V . F . Siddall and
Having and repaving of West S
seconded by John Collier. Voted unanimous.
An ordinance was introduced by Councilman V.R. Siddall, seconded by
Councilman John Collier providing that a sidewalk be,constructed on
the South side of West Spring Street of the City of Smyrna. Copy of
said Ordinance attached to these minutes and made a part thereof.
Move for adoption of Section 5, 6, and 7 of ordinance -for 'the construction
of a sidewalk on the south side of West Spring Street by Councilman
V.R. Siddall, and seconded by John Collier, Voted unanimous.
Paving of Elizabeth Street turned over to the Street Committee for
action.
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O R D I N A N C E
REGULATING SUB —DIVISION OF LAND AND APPROVAL
OF PLATS 1TITHIN THE CORPORATE LIMITS OF SINRNA,
GEORGIA.
CITY OF SbffRNA, GEORGIA
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SECTION I
City Council Hereby Adopts and Prescribes Rules and Regulations For The
Preparation and Approval Of Land Sub -Division Plats Within The Limits of the
City of Smyrna, Georgia.
SECTION II
PURPOSE
The purpose of this ordinance shall be to promote
(A) The public health, safety, and general welfare.
(B) The orderly growth and development of the City.
(C) The proper use of land.
(D) The conservation, stabilization, and protection of the value of property.
(E) The adequate provisions for necessary utility and service.
SECTION III DEFINITIONS
As used in these regulations (1) A land Sub -Division is any change, re -
division or arrangement in the boundary of division lines of a parcel of land
or public thoroughfare.
(2) A "Sub -division" is the division of a lot, tract or parcel of land into
lots and blocks with their streets, easements, and other open spaces.
(3) A ItSubdivider" is any person, corporation, firm or partnership laying out
or making a land division for the purpose of first sale, offering for first
sale or first selling, or otherwise granting or conveying for himself or
others, any lot in any sub -division or part thereof.
(4) A "Preliminary Plat" is a map or chart of a proposed land sub -division.
(5) A "Final Plat' is a map or chart of the land subdivision prepared follow-
ing the approval of the 'preliminary Plate on which are shorm those data
listed in Section 7.
(6) An "Easement" is the quantity of land set aside or over which a liberty,
privilege or advantage in land without profit, existing distinct from the
ownership, is granted to others or to the public.
SECT
PRELI1UNARY
(1) Before any subdivider or his agent contacts for the sale or offers to sell
any Subdivision or land or any part thereof or interest therein, which is
laid out within the Corporate Limits of Smyrna, said Subdivider or his agent
shall file two (2) prints of a preliminary plat of said Subdivision with the
City Council for its study, review, and recommendation. Such prints shall
be filed with the r�yor at least two (2) tvreeks prior to the meeting of the
City Council, if the plat is to be acted upon at such meeting, except
that the City Council may waive this requiremont at its discretion.
SECTION IV (CONTD.)
(2) The Preliminary Plat shall be prepared in accordance with the regulations
hereinafter set out, and shall be submitted prior to the completion of the
final surveys of streets and lots and before any grading or construction
work has been started upon proposed streets and before any map of said Sub-
division is made in final form for recording.
(3) The Preliminary Plat shall be checked by the City Engineer, or Engineer
designated by the City Council, or by individual Councilmen for design
within the province of each, and on completion, the City Council shall
approve or disapprove the Preliminary Plat, advising the Subdivider of its
action.
(4) Should the Sub -divider not submit the final Plat to the City Council within
one (1) year of the date of the approval of the Preliminary Plat, the ap-
proval of the Plat so given shall expire.
SECTION V GENERAL REQUIREiiENTS OF PRELIMINARY PLAT
(1) When required by the City Council a Vicinity sketch or key map at a scale
of not more than (400) four hundred feet to the inch shall be shown on or
accompany the Preliminary Plat on vdiich shall be shown all existing Sub -
Divisions, street and tract line of acreage or parcels of land immediately
adjoining the proposed Sub -Division and between it and the nearest existing
thoroughfares. It shall also show how the streets and alleys, if any, of
the proposed Sub -Division will connect with existing and proposed streets
and alley in neighboring Sub -Divisions or undeveloped property, to produce
the most advantageous development of the entire neighboring area.
(2) All proposed Sub -Divisions shall conform to the City, County, or Regional
Plan. Whenever a tract of land to be Sub -Divided embraces any part of a
Primary or Secondary thoroughfare, Boulevard or Parkway, so designated on
the City, County or Regional Plan, such part of such proposed public way
shall be platted by the Sub -Divider in locution and of width indicated on
the City, County, or Regional Plan.
(3) The Street layout of proposed Sub -Division shall be in conformity with a
plan for the most advantageous development of the entire area in Yddch
the Sub -Division is located.
(4) All proposed streets shall be substantially in alignment with existing
planned or platted streets -frith which they are to connect.
(A) The street layout include minor streets approximately parallel
to and on each side of main thoroughfares, boulevards or parkways.
(B) Wherever the proposed Sub -Division contains or is adjacent to a
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SECTION V (CONTD.)
railroad right of way, main highway, provision shell be made for a street
approximately parallel to and on..each side of such right of way at a dis-
tance suitable for the appropriate use of land between such streets and the
railroad on main highway.
(C) Proposed streets shall be adjusted to the contour of the land
so as to produce usable lots and streets of reasonable gradient, by means
of a contour map.
(D) Certain proposed streets shall be extended to the Boundary line
of the tract to be Sub -Divided, sufficiently to provide for normal circu-
lation of traffic within the vicinity.
(E) Wherever there exists a dedicated or platted half street or alley
adjacent to the tract to be Sub -Divided and approved by the City Council the
other half shall be platted.
(F) Alleys will be required in all business and industrial districts
except where justified by unusual conditions, alleys will not be approved
in residential districts..
(5) The widths of blocks shall ordinarily be sufficiently normal to allow two
tiers of lots of appropriate depth.
(6) Blocks shall not exceed 800 feet in length except where unusual conditions
justify greater length.
(7) Iiinimum street and alley widths:
(A) :wain thoroughfares, boulevards and parktirays as indicated by the
City, County, and Regional Plan, not less than one hundred (100) feet.
(B) Other streets except local service streets not less than sixty
(60) feet.
(C) Local service or minor streets which cannot be extended in the
future not less than fifty (50) feet.
(D) Alleys not less than fifteen (15) feet.
(8) Mnimum roadway or paved widths:
feet.
(A) Primra.ry thoroughfares, boulevards and parkvrays, thirty-six (36)
(B) Secondary thoroughfares thirty-two (32) feet.
(C) 11inor streets twenty-six (26) feet.
(9) Paved sidewalks at least four (4) feet ride shall be provided when required
on both sides of the street., Normally sidefalks shall be equal to or not
more than twelve (12) inches from the property line when so approved.
(10) Alignment and Visibility: Clear Visibility measured along the center line,
shall be provided for at least three hundred (300) feet on thoroughfares,
SECTION V '(CONTD.)
boulevards and parkways: two hundred (200) feet on Secondary thoroughfares
and at least one hundred (100) feet on minor streets.
(11) Minimum radii of Curvature on the center line:
(A) Thoroughfares, boulevards and parkways, four hundred (400) feet.
(B) Secondary thoroughfares three hundred (300) feet.
(C) MLnor streets two hundred (200) feet.
(12) Tangents: Between reverse curves there shall always be a Tangent at least
one hundred (100) feet long.
(13) Intersections:
(A) At street and alley intersections curbs shall be rounded by an
are, the minimum radius of which shall be ten (10) feet.
(B) Street curb intersections shall be rounded by an arc the minimum
radius of which shall be tyrenty (20) feet.
(C) The foregoing minimum radii shall be increased vrhen the smallest
angle of intersection is less than sixty (60) degrees.
(14) Lots the size, shape and orientation of lots shall be appropriate for the
location of the proposed Sub -Division and for the type of development con-
templated and shall conform to the following:
(A) Lots for residential use lying wholly within the City shall con-
form in minimum areas and widths to the requirements of the zoning plan.
(B) Every lot shall abut on a street.
(C) Double frontage lots should be avoided.
(D) Side lot lines shall be approximately at right angles to the
street on which the lots face.
(15) Open spaces other than streets:
Due consideration should be given to the allocation of suitable areas
for schools, parks, and playgrounds, to be dedicated for public use or re-
served for the common use of all property owners within the proposed sub-
division by deed covenants. In the interest of public welfare at least
five per cent (5%) of the area should be set aside for recreation uses.
Where the tract contains less than forty (40) acres, such reservation for
open space shall be combined, where ever possible, with similar reservation
in adjoining tracts.
(16) Easements at least six (6) feet wide, three (3) feet on each side of rear
or side. Lot lines shall be provided for utilities where necessary.
(17) The proposed nave of the Sub -Division and proposed street names shall not
duplicate or too closely approximate, phonetically, the name of any other
sub -division or street in Smyrna.
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SECTION V (CONTD.) t
(18) Improvements: All improvements shall be constructed in accordance with
specifications and under the supervision of the City Engineer or his desig-
nated representative.
(19) The preliminary plat shall be accompanied by reports and written statements
from the Sub -Divider or his agent giving essential information regarding
the following matter:
(A) Statement as to the source of domestic water supply to be used
in the Sub -Division. If any independent supply is to be used the statement
should be supported by reports as to quality and quantity of water avail-
able and how it will be developed.
(B) Statement as to methods of sewage disposal.
(C) Statement as to street improvements and utilities which the Sub -
Divider proposes to install.
(D) Restrictions which the Sub -Divider proposes to supply if any.
(20) Plan and profile of streets, sewers and drainage structures shall be sub-
mitted for approval with uniform street grades designed to permit sewer
grades to be located at not more than eleven (11) and one half (z) feet
maximum nor less than seven (7) feet below street profile grade. Excep-
tions may be granted when conditions dictate necessity of departure from
limits. Sewer manhole spacing shall be determined by street layout re-
quirements yrith mximum spacing not to exceed four hundred (400) feet.
Elevations shown shall be given with datum plane equal to mean sealevel
elevation according to U. S. Coast and Geodedic Bench Dark System. Assumed
or relative elevations shoym shall be deemed unsatisfactory.
SECTION VI SPECIFIC REQUIRE EW S OF PRELIlIINARY PLAT
(1) The horizontal scale of the preliminary plat shall be one hundred (100) feet
or less to the inch.
(2) The Preliminary Plat shall show:
(A) The proposed name of the Sub -Division.
(B) North Point, scale and date.
(C) Names and addresses of.the record owner Sub -Divider, Engineer or
Surveyor.
(D) The tract designation and other description according to real
estate records of the City and County.
(E) Boundary line of tract to be subdivided.
(F) Names of adjacent sub -divisions.
(G) The location, widths and names of all existing or platted streets
SECTION VI (CONTD.)
or other public ways within or adjacent to the tract, existing permanent
building, railroad right of way and other important features, such as sec-
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tion or grant lines political sub -division or corporation lines, when re-
quired by the City Council.
(H) Existing sewers, water mains, culverts or other underground
structures vrithin the tract and immediately adjacent thereto with pipe
sizes, grades and locations indicated.
(I) The location of any streams, drainage ditches, dry gulches or
water ways.
W All parcels of land intended to be dedicated for public use or
reserved in deed for the use of all property owners in the proposed sub-
division, together with the purpose of conditions or limitations of such
reservations, if any.
(K) The layout and width of proposed streets, alleys and easements.
(L) The cross section of proposed streets showing the v:idth of road-
ways, location and width of sidevralks and location and size of utility
mains.
(U) The layout, number and approximate dimension of proposed lots.
(N) For sub -divisions located wholly within the city the use zone or
zones in which the tract lies.
SECTION VII FINAL PLAT
(1) After the approval of the Preliminary Plat by the City Council the Final
Plat shall be prepared by the sub -divider and submitted to the City Council
for examination and approval. It shall be submitted in the Corm of the
original tracing or tracing cloth, for purpose of signatures, together with
two (2) blue print copies thereof.
(2) Before approving the final plat of all or part of the proposed sub -division,
the Council will require a certification to the effect that the surveys
have been completed, essential monuments have been established and that the
work of design, layout and construction will proceed as indicated on the
approved Preliminary Plat.
(3) The final Plat shall be drawn to a scale of one (1) inch equal to one hun-
dred (100) feet.
(A) The boundary lines with accurate distances and bearings, the
exact location and width of all existing or recorded streets intersecting
the boundary of the tract.
(B) True bearings and distances to the nearest established street
lines or official monuments which shall be accurately described on the Plat:
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SECTION VII (0014TD.)
Umicipal, County, Grant or. section lines. accurately tied to the lines of
the sub -division by distances and bearings.
(C) An accurate location of the subdivision in reference to the Real
Estate Records of Cobb County.
(D) The exact Layout including:
(1) Street and Alley names.
(2) The length of all arcs, radii, central angles, points of
curvature, length and bearings of tangents.
(3) All easements for right of way provided for public service
or utilities and any limitations of the easements.
(4) All lot and block numbers and lines iath accurate dimensions
in feet and hundredths and frith bearings and angles to street
and alley lines.
(E) The accurate location, material, and approximate size of all
monuments.
(F) The accurate outline of all property which is offered for dedica-
tion for public use with the purpose indicated thereon, and of all property
that may be reserved by deed covenants for the common use of all the prop-
erty ovmers in the sub -division.
(G) Set back building lines.
(H) Private restrictions.
(1) Boundaries of each type of use restriction.
(2) Other private restrictions for each definitely restricted
section of the subdivision.
(I) Proposed name of subdivision.
W Name and address of Sub -Divider.
(K) North point, scale, date and graphic scale.
(L) Certifications of registered Engineer or registered Surveyor
to the effect that the Plat represents a survey by him and that all monu-
ments shown thereon actually exist, and that their location, size, and ma-
terial are correctly shown.
(4) Approval of the Final Plat by the City Council shall be null and void if
Plat is not recorded within thirty (30) days after date of approval unless
application for an extension of time is made in writing during said thirty
(30) day period to the City Council and granted.
SECTION VIII
"Be it further ordained that any person, persons, partnership firm or cor-
SECTION VIII (CONTD.)
poration violating any of the provisions,of this ordinance shall upon each con-
viction therefor be fined not less than 0.00 nor more than u100.00 or sentenced
to serve 30 days in City Jail, either or both at the discretion of the Mayor-"
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NOTICE OF INTRODUCTION AND PENDUiCY OF ORDINANCE BEFORE
TIIE MAYOR A14D COUNCIL OF THE CITY OF SI&7M AWHORIZING
THE WNSTRUCTION AND PAVING OF A SID07ALK Oil THE SOUTH
SIDE OF ,"LEST SPRING STREL+'T IN SAID CITY
GEORGIA, COBB COUNTY:
TO ti+HOU IT MAY CONCERN:
Notice is hereby given:
i. That at a regular meeting of the Ltyor and Council of the City of
Smyrna., meld at seven -forty-five o'clock P.M. on Monday, July 12, 1954, at the
City Hall, an ordinance was introduced by Councilman V. R. Siddall and seconded
by Councilman John Collies., providing that a sidewalk be constructed on the
south side of T.est Spring Street in the City of Smyrna.
2. .That the sidewalk proposed to be constructed and paved lies on the
south si3e.of ;lest Spring Street in the City of Smyrna. Said proposed ordinance
provides that said sidewalk shall be constructed and paved on the south side of
'Vest Spring Street in the City of Smyrna from the eastern intersection of said
street with Atlanta Street in said City and extending thence crest along the south
side of said street to the point of the western intersection of said street with
King Street in the City of Smyrna.
3. That said proposed ordinance provides that the sidewalk to be con
strutted along the south side of T4est Spring Street in said City, as above
described, shall be paved in a uniform tridth of four (41) feet with concrete and
that such concrete shall be four (411) inches thick.
4. That the estimated cost per -front foot for such contemplated side-
wallt improvement as above described is $1.20 per front foot of property in the
City- of Smyrna abutting on the south side of West Spring Street therein, as above
set forth.
5. That if such contemplated improvements as herein described are
erected all persons owning property on the aforesaid designated portion of the
south side of West Spring Street in said City shall be subject to a pro rata
assessment of the cost of said improvements against their properties.
6. That -all persons owning property fronting or abutting on the south
side of Test Spring Street in the City of Smyrna, and all other persons inter-
ested in any way in subject matter, are hereby notified and directed to appear
at a meeting of the %yor and Council of the City of Smyrna to be held on the
2nd day of August, 1954, at seven -forty-five o'clock P.IL, 'in the City Hall of
said City, then and there to make any objections that they may desire to urge
against the passage of the proposed ordinance herein described, copy of whdch is
attached and made a part hereof.
This 12th day of July, 1954.'
ATTEST:
CITY OF SMYRNA
0011,
By �! �/•
UN , OAR