11-01-2001 Special Called MeetingNovember 1, 2001
The Special Called meeting of Mayor and Council was held at Smyrna City Hall. The meeting
was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council
members were present. Also present was City Administrator Howard Smith, City Clerk Kellie
Barber, City Attorney Scott Cochran, Police Chief Stan Hook, Deputy Chief Mike Brown and
representatives of the press.
FORMAL BUSINESS:
Personnel Matter/Employment of City Administrator
Councilman Hawkins made a motion that the contract of employment between the City
Administrator Howard Smith and City of Smyrna be terminated without cause and the six months
severance pay called for in his contract be awarded to him and the termination effective
immediately. Councilman Scoggins seconded the motion.
Councilman Newcomb made a motion to table the motion for 30 days. Councilman Lnenicka
seconded the motion. Motion was defeated 2-5 with Councilwoman Pritchett, Councilman
Scoggins, Councilman Hawkins, Councilman Cramer and Councilman Wood opposed.
Motion to terminate the contract between City Administrator Howard Smith and City of Smyrna
and to award the six months severance pay called for in Mr. Smith's contract with the termination
be effective immediately was approved 4-3 with Councilman Newcomb, Councilman Lnenicka
and Councilman Wood opposed.
With no further business, the meeting adjourned at 7:37 p.m.
A. MAX BACON, MAYOR KELLIE BARBER, CITY CLERK
RON NEWCOMB, WARD 2
AAM WARD 4
,I
1
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CHARLES PETE WOOD, WARD 7
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number 2001-13
'`—Land Lot 692
Acres 3.40
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of the land described in Exhibit "A" attached hereto have been
notified of the City's desire that their property be annexed into the City of Smyrna as shown on
said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on October 15,
2001 after first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
«A .35
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 151h day of
October , 2001.
,." — � 4
A. Max Bacon, Mayor
Kellie M. Barber, City Clerk
City of Smyrna
ScoA A. Cochran, Ci ttomey
City of Smyrna
LEGAL DESCRIPTION
All that tract or parcel lying and being in Land Lot 692 of the 171h District, of Cobb
County, Georgia, and being more particularly described as follows:
Starting at a point of beginning formed by an iron pin 400' south of Main Street right-of-
way on the east side of Lois Street corner of Land Lot 534 and the southwesterly corner
of Land Lot 547. Thence running S 85*59'53" E a distance if 446.98' to the centerline of
the creek, running thence S 18*35'02" W a distance of 2.90' along the centerline of the
creek to a point, running thence S 02*09'32" E a distance of 59.18' along the centerline
of the creek to a point, running thence S38*29' 19" E a distance of 27.42' along the
centerline of the creek to a point, running thence S43*39'49" W a distance of 27.55'
along the centerline of the creek to a point, running thence S13*57'06"E a distance of
19.13' along the centerline of the creek to a point, running thence S 45* 18'56"W a
distance of 34.63' along the centerline of the creek to a point, running thence
N41 *46'50"W a distance of 19.68' along the centerline of the creek to a point, running
thence N06*39' 14"E a distance of 17.84' along the centerline of the creek to a point,
running thence N63*31"07"W a distance of 19.55' along the centerline of the creek to a
point, running thence S05*28'30"E a distance of 58.23' along the centerline of the creek
to a point, running thence S29*48'47"W a distance 30.84' along the centerline of the
creek to a point, running thence S05*40'03"E a distance of 53.64' along the centerline of
the creek to a point, running thence S42*01' 14"W a distance of 48.43' along the
centerline of the creek to a point, running thence S07* 18'37"W at adistance of 45.22'
along the centerline of the creek to a point, running thence S72*02'46"E a distance of
15.16' along the centerline of the creek to a point, running thence S08*25' 10"W a
distance of 13.23' along the centerline of the creek to a point, running thence
N86*34'57"W a distance of 384.99' to a point, running thence NO3*26'22"E a distance
of 268.55' to a point, running thence NO3*57'59"E a distance of 100.67'. Said point
being the point of beginning. Said tract contains 3.4 acres more or less.
3W
�. ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number 2001-12
Land Lot 333 and 334
Acres 2.61
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of at least 60 percent of the land described in Exhibit "A"
attached hereto have been notified of the City's desire that their property be annexed into the City
of Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on November 5, 2001
after first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 5`h day of
November , 2001.
A. Max Bacon, Mayor
Tot Q' Q 1'�, LA-L41
Kellie M. Barber, City Clerk
City of Smyrna
� -"-A I
_ Scott A. Cochran, ity o ey
`� City of Smyrna
LEGAL DESCRIPTION
All of that tract of land located in land lot 333 and 334 of the 17`h District, 2"d Section of
Cobb County, Georgia containing 2.61 acres and being more particularly described as
follows:
Beginning at a point where the west right of way of North Cooper Lake Road (50' R/W)
intersects the north right of West Cooper Lake Road (50' R/W); thence N87A15'01" W-
431.98 along the north right of way of West Cooper Lake Road to a point; thence north
6A38'29" E- 281.72" to a point; thence S88^39'02" E- 376.07" to a point on the west
right of way of the North Cooper Lake Road; thence S 1 ^25' 11 "E-77.0" along the said
west right of way line to a point; thence continuing along a curve to the left in arc
distance of 215.96"; said curve having a radius of 1,464.48" to a point and being the
point of beginning.
NOTES:
1. TOTAL AREA — 35.8 ACRES
NET AREA — +/-31.4 ACRES
2. TOTAL NUMBER OF UNITS — 178 UNITS
3. PROPOSED DENSITY — 4.97 UNITS/ACRE
NET DENSITY — 5.67 UNITS%ACRE
4. BOUNDARY INFORMATION FROM PLAN BY WATTS & BROWNING
ENGINEERS, INC., DATED 7117101.
5. EXISTING ZONING: HI / GC
PROPOSED ZONING: TD
6. SETBACKS:
PERIMETER SETBACK: 50'
FRONT TO FRONT: 50'
SIDE TO FRONT OR SIDE: 20'
REAR TO REAR: 50'
REAR TO SIDE: 30'
7. PARCEL I.D. NUMBER — 17-0534-001.
8. FLOOD INFORMATION FROM F.I.R.M. MAPS 13067CO075F &
13067C0090F.
LOCATION MAP
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APPLICANT
ASHTON WOODS ATLANTA, L.L.C.
5755 DUPREE DRIVE, SUITE 130
ATLANTA GEORGIA 30327
PH. (770) 984-8170
24 HOUR CONTACT
1 WOODY SNELL
(770) 984-8170
ENGINEER
GRAPHIC SCAM
WATTS & BROWNING ENGINEERS, INC.
p^
1954 AIRPORT DRIVE
ATLANTA, GEORGIA 30341
PH. (770) 451-7453
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SIGNIFICANT TREES (WITHIN TREE SAVE AREA)
POINT
TREE
ELEVATION
POINT
TREE
E1.EYATION
PDINT
TREE
ELEVATION
1501
21'OAK
824.2
f543
1f'OAK
813.8
1585
24'POPLAR
821.7
M2
15'OAK
B22.8
1544
32'SXEETGLM
8f4.1
1586
24'POPLAR
818.4
1503
14-12'POPL.AR
824.6
1545
13'OAK
82.6
1587
IB'POPLAR
817.8
1504
15'OAK
620.2
1546
12'SWEETGUN
813.4
1588
3-13'POPLAR
819.1
1505
14'NAPLE
B18.4
1547
16'0AK
813.9
1589
29'POPLAR
818.6
1506
Will
817.4
1548
12'SWEETGUM
812.9
1590
2-16'POPLAR
817.3
1507
12*BEECH
818.2
1549
12'SWEETGUM
813.8
1591
f7'POPLAR
817.8
1508
14'MAPLE
816.0
1550
22'XHITE OAK
812.7
1592
22'MAPLE
817.9
1509
14-t4SWEETGLM
815.2
1551
13'OAK
813.5
1593
14'POPLAR
819.9
Me
14'SWETGUM
1118.7
1552
26'OAK
811.9
1594
26'HICKORY
820.3
1511
14'SWEE16UN
B13.9
1553
12'WHITE OAK
814.8
1595
13'POPLAR
816.5
M2
19'OAK
816.4
1554
14'SWEETGUM
814.8
1596
16'POPLAR
820.3
M3
14'SKEET13UN
WA
5555
14'OAK OAK
814.6
1597
17'OAK
816.4
1514
19'SWEETGIM
812.3
15%
1B'SXEETGUM
817.2
1598
12'SMEETGUM
616.4
1515
13:SWEETGUI
114.1
1557
14-12'OAK
813.2
1599
13'OAK
816.3
1516
13SKEETGUN
813.7
1558
15'SXEETGIM
816.2
MOO
161MAPLE
813.6
1517
13-8'SMEETGUM
813.9
1559
15'OAK
816.0
1601
17'SWEETGUM
813.3
1518
13'SWEETGUI
812.3
1560
12'OAK
815.7
1519
13'TF€E
811.8
1561
12'OAK
812.7
1520
13'TREE
811.7
1%2
16"DAK
816.0
1521
15-8'10AK
811.5
1563
D'SXEETGUN
816.5
1522
21'TREE
8f1.8
1564
17'OAK
814.6
1523
15'TREE
814.0
1565
13'OAK
815.3
1524
15'TREE
Bf4.0
1566
21"DAK
817.6
1525
14'SWEET6UN
80.0
1567
12*TFIEE
817.1
3526
12'SWEETGUI
816A
1568
12'TREE
817.1
3527
iB-11'SXEETGUM
815.9
1569
13'POPLAR
817.2
528
12'0AK
815.7
1570
13'SWEETGUM
817.3
1529
13-11'SXEETGUN
815.6
1571
f2'TFIEE
817.3
1530
12'PORAR
816.1
1572
15'PINE
816.4
1531
1B'SMEETGUF
815.8
1573
18'OAK
819.2
1532
1BlskmGum
814.7
1574
18'BEECH
818.1
1533
14-15'HICKORY
914.8
1575
22'OAK
812.9
15N
1B'SMEETGUM
8f3.5
1576
15'POPIJIR
811.5
1535
12'HICKORY
815.1
1577
13'OAK
811.2
1536
13'SWEETGUM
612.9
1578
13'OAK
813.0
1537
12'NHITE OAK
835.2
1579
27'OAK
813.1
1538
12'SWP_ET131.1114
813.3
1580
14'SWEETGUM
816.6
1539
12'SWEETGLM
813.4
1501
36'POPLAR
816.E
1540
19'OAK
813.5
1582
2-14'POPLAR
816.8
1541
12-13'TREE
814.9
15fL9
18'POPLAR
USA
1542
13*5NEETWN
813.8
584
3-12'POPLAR
1321.6
TREE SAVE AREA
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DATE SURVEYED' 09/14/01
DATE DRAFTEOL._!0/12L01_.._ -
SURVEYED BY' PURYEAR/GREENS
DRAWN BY.
AMCM/VTH
CHECKED BY MH
FIELD BOOK is ;-079
JOB NUMBER•_.010609-
FOLDER NUMBER: 010609
COGO FILE' 567-LAUREL-2
DISC FILE_ _246-01CQ04T
COUNTY: COBS
PLAT FILE' R