12202004 December 20, 2004 Attachment
December 20. 2004
18
urged all the citizens of Smyrna to support the parks bond referendum scheduled for March 15,
2005. Mr. Martin stated the proposed improvements will be beneficial to everyone in Smyrna.
Mr. Martin wished everyone a Merry Christmas and a Happy New Year.
ADJOURNMENT:
-
With no further business, the meeting was adjourned at II :25 p.m.
A. MAX BACON, MAYOR
!
~~~
' ILL S OGGIN 3
~~~
CHARLES PETE WOOD, WARD 7
~o.~~
SU AN D. HIOTT, CITY CLERK
~JJL
RO NEWCOMB, WARD 2
~
-
MICHAEL McNABB,
WADE S. LNENICKA, WARD 6
-
-
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 177
Acres 0.443
2004-32
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 100 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 December 20. 2004
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.
day of
A. Max Bacon, Mayor
-
~~~c,9'
City of Smyrna
/)
Jl~
Scott A. Cochran, City Attorney
City of Smyrna
.
y~/
-
Ordinance # 2004-32
Exhibit "A"
Legal Description
All that tract or parcel of land lying and being in Land Lot 177 of the 18th District, 2nd
Section, Cobb County, Georgia, and being more particularly described as follows:
To find the true point of beginning commence at an iron pin found along Oakdale Road
(Right of Way varies) South 50 degrees 44 minutes 25 seconds west a distance of99.97
feet to a point along said right of way, thence turning south 46 degrees 24 minutes 40
seconds east a distance of 194.33 feet to an iron pin found, thence turning north 50
degrees 51 minutes 32 seconds east a distance of99.98 feet to a point; thence turning
north 46 degrees 24 minutes 25 seconds west a distance of 194.53 feet and the true point
of beginning. Said tract containing 0.443 acres (19,284.3 square feet).
-
-
-
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 170
Acres 0.414
2004-33
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 100 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 December 20, 2004
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.
20th day of
A. Max Bacon, Mayor
~~~D,
Susan D HIOtt, CIty Clerk
City of Smyrna
,
y~-
-
~.
;1 .
, j k---------
s?ott A. Cae ran, City Attorney
City of Smyrna
-
Ordinance # 2004-33
Exhibit "A"
Legal Description
All that tract or parcel of land lying and being in Land Lot 170 of the 18th District, 2nd
Section, Cobb County, Georgia, and being more particularly described as follows:
To find the true point of beginning commence at an iron pin found along Oakdale Road
(Right of Way varies) South 61 degrees 53 minutes 06 seconds east a distance of200.55
feet to a point, thence turning north 22 degrees 54 minutes 32 seconds east a distance of
99.97 feet to an iron pin found, thence turning north 66 degrees 34 minutes 17 seconds
west a distance of 194.65 feet to a point along said right of way; thence turning south 26
degrees 27 minutes 40 seconds west a distance of 83.17 feet and the true point of
beginning. Said tract containing 0.414 acres (18,014.54 square feet).
-
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....
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 171
Acres 4.10
2004-36
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 100 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 December 20, 2004
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 ofthe City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this
December, 2004
20th
day of
,~~~
A. Max Bacon, Mayor
~ O. y~~
~ D. HIott, CIty Clerk
City of Smyrna
-
I
.yI/~
Scott A. Cochran, City Attorney
City of Smyrna
-
Ordinance #2004-36
Exhibit "A"
Legal Description
All that tract or parcel ofland lying and being in Land Lot 171 of the 18th District, 2nd
Section, Cobb County, Georgia, and being more particularly described as follows:
-
Beginning at a point one foot north of the fence comer on the west side of Nichols Drive
(50' right of way) which coincides with the southern boundary of a 60' pipe line
easement to Colonial Pipe Line Company, thence running north 88 degrees 00 minutes 30
seconds west a distance of250.6 feet to an iron pin found, thence running south 86
degrees 48 minutes 30 seconds west a distance of 191 feet to an iron pin placed, thence
running south 73 degrees 48 minutes 55 seconds west a distance of 56.6 feet to an iron
pin found on the west land lot line of Land Lot 171, thence running north 00 degrees 20
minutes 05 seconds west a distance of 106.9 feet to an iron pin found, thence running
north 00 degrees 24 minutes 05 seconds west a distance of 402.00 feet to an iron pin
found at the common intersection of Land Lots 62, 63 170 and 171; thence running north
89 degrees 36 minutes 40 seconds east along the north land lot line of Land Lot 171 a
distance of 322.2 feet to an iron pin found; thence running south 04 degrees 20 minutes
05 seconds west a distance of300.0 feet to an iron pin placed; thence running south 71
degrees 39 minutes 40 seconds east a distance of 193.7 feet to an iron pin placed on the
northwesterly arc of the cul-de-sac of Nichols Drive; thence running southwesterly along
the arc formed by the northwesterly cul-de-sac of Nichols Drive 114.7 feet (said call
being subtended by a chord bearing and distance of south 09 degrees 40 minutes 40
seconds east 97.71 feet); thence running south 01 degrees 20 minutes 40 seconds west a
distance of37.0 feet to an iron pin found at the point of beginning. Said tract contains
4.10 acres (178,596.0 square feet).
-
ORDINANCE No. 2004-37
-
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 106 - VEGETATION,
ARTICLE II, CITY OF SMYRNA, GEORGIA, BE AMENDED BY
REVISING SECTIONS 106-31, 106-32 AND 106-40 OF SAID CODE TO
SUPPLEMENT MINIMUM TREE DENSITY REQUIREMENTS, TO ADD
ALTERNATIVE MEANS OF COMPLIANCE TO TREE DENSITY
REQUIREMENTS AND TO AMEND MEASURES FOR PROTECTION
OF TREES DURING CONSTRUCTION
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA:
That Chapter 106, Article II, of the Code of Ordinances of the City of
Smyrna, Georgia, be amended so that such Chapter shall read as follows:
Section 106-31 Minimum Tree Density Requirements
-
(a) A basic condition of The Smyrna Tree Ordinance is that all applicable sites maintain
a minimum tree density of twenty (20) units and a maximum of thirty-five (35) units per
acre. The term "unit" is an expression of basal area, and is not synonymous with "tree".
The density requirement must be met whether or not a site had trees prior to
development for the issuance of a development permit. All specimen trees must be
recompensed before either existing non-specimen or new trees can be considered when
calculating the maximum tree density.
Section 106-32 Alternative Compliance to Tree Density Requirements
(f) Existing specimen trees may count toward the minimum tree density requirements if
land disturbance occurs within no more than 20% of the CRZ and a five-year tree bond,
letter of credit or other form of surety approved by the City is provided to City. This
bondl/etter of credit shall be equal to the replacement cost of the specimen tree,
recompensing inch-for-inch with 4" caliper trees, in addition to the removal cost of the
same tree. The City will take a photographic record of the condition of the specimen tree
within thirty (30) days after the Certificate of Occupancy is issued. When the b(;:mdl/etter
of credit is requested to be released, the City will review the photographic record of the
tree five years prior and compare it to the current condition of the tree to determine the
release of the bond/letter of credit.
Section 106-40 Tree Protection During Construction
-
(c) Materials for active tree protection shall consist of chain link, orange laminated
plastic, wooden post and rail fencing or other equivalent restraining material. In addition
to fencing, where active tree protection is required, each tree to be saved shall be
marked at the base of the trunk with surveyor's flagging ribbon with a permanent marker
indicating the size and species of tree, or number of the tree which is cross-referenced
by tree size and species on a chart on the tree survey plan. The flagging ribbon shall
encompass the tree; slashing the tree bark and wedging the flagging ribbon into the bark
damages the tree and is not acceptable.
ORDINANCE No. 2004-37
-
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
Attest:
gk~1;1l~\t~
City of Smyrna
~
Approved as to form:
1
~--
Scott A. Cochran, City Attorney
--.
-
2
., < "
December 14, 2004
From: Chih Kao Lu & Chiu Lan Lu
2019 Belridge Court
Smyrna, GA 30080
Devonshire Court Subdivision
678.362.5005
RE: Tri State Development Corporation -Variance Approval Request for The
Palms Condominiums- 3366 South Atlanta Road, Smyrna, GA 30080
We will approve the requested variance under the following terms and conditions:
The following work is to be completed on the Palms property (3366 South
Atlanta Road, Smyrna, GA 30080)--
1.) 8-10 grade "A" 14-16 foot trees from the top of the ball are to be planted
as per Cutting Edge Landscaping advisement on The Palms side of the
fence. Proper spacing must be followed to ensure adequate privacy.
Sincerely,
Chiu Kao Lu
,
,
,..- '-.1
Tri South Development Corporation
Mr. Allen Parker
Devonshire Court Home Owners Association
Mr. Jeff Moynihan
December 10,2004
Ref. Variance Approval Request
Dear Mr. Parker,
I will approve the variance only if the following criteria are met:
./' Drainage issues are addressed and corrected.
./' Effort is made to preserve the current trees.
Sincerely,
Tania Brumatti Moraes
Roberto Moraes
3418 Belridge Dr.
Smyrna, GA 30080
Phone 770-436-3010
) J ~
,..., ,,/r
Dan Mosera
2025 Belridge Ct
Smyrna, GA 30080
770-434-6749
Re: Variance Approval Request - The Palms Condominiums
In order for me to approve the above variance, the following has to be agreed upon:
1. The drainage issue has to be fixed. I would like the 2 drainage pipes tied together
with an open drain for standing water.
2. The fence needs to be fixed and the ground below graded to match the slope of
the existing terrain.
3. Bamboo must be planted along the entire length of rear fence. From the corner of
the brick wall to the retention pond.
4. The garbage area at the palms must be blocked with from my view with
appropriate trees/and or shrubbery.
If the following is agreed upon, I will approve the variance.
Sincerely,
r) t/
~J ;,
/.....~;, /J... _ ./ "~..A!'-
.v \."rV , ~ ;'
Dan Mosera
December 14, 2004
S. Ramachandran
3420 Belridge Drive
Smyrna, GA 30080
(770) 436-2826
Re: Palms Variance Request
I (S. Ramachandran) will approve the variance request if and only if the following tenns
are met to my satisfaction.
(i) The drainage issues in my backyard bordering The Palms property are
successfully corrected.
If these issues are corrected, I'll allow the variance.
Sincerely,
(S. Ramachandran)
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December II, 2004
~cP. ,-0 \0'1
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Name ~~ ~/<.
Address 7'12-~ D..I....,,~~
Phone Number
Pr.
Re: Palms Variance Request
I (Name) will approve the variance request if and only if the following terms
are met to my satisfaction.
1.) The drainage issues in my back yard bordering The Palms property
are successfully corrected.
If these issues are corrected I will allow the variance.
Sincerely,
(Name)
/-------,
__ I
eN"",J /1 ~
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C.. ...-
I will be submitting all of these letters to Wade Lnenicka, Ward 6
Councilman, for review and providing a copy to the rest of the City Council
of Smyrna. Please email your document to Jeff Moynihan HOA,
ibmoynihan((i;charter.net I will need this by December 15, 2004 or sooner.
The Variance Hearing is scheduled for December 20,2004 @ 7:00pm @
City Hall. Any Questions I can be reached at 404.310.3922.
jJ (/'
December 14,2004
From: Ronald & Ping Patrick
2021 Belridge Court
Smyrna, GA 30080
Devonshire Court Subdivision
770-805-8866 phone
678-612-4664 mobile
RE: Tri State Development Corporation -Variance Approval Request for The
Palms Condominiums- 3366 South Atlanta Road, Smyrna, GA 30080
We will approve the requested variance under the following terms and conditions:
The following work is to be completed on our property (2021 Belridge Court,
Smyrna, GA 30080)--
1. Define new bed lines and remove excess sod.
2. Remove and re-plant the existing date tree currently located in our rear pine
island.
3. Re-align existing in ground sprinkler system as needed.
4. Plant a collection of 7 "grade A" evergreens 14-16 feet in height (from base to top
of tree-not the bottom of the root ball to top of the tree). The evergreens can be
any combination of Nellie Stevens Hollies, cryptomeria and Magnolias (at our
discretion), and they must be fertilized and staked.
5. In addition, Plant 1 "grade A" deciduous tree (of similar size and/or value to the
evergreens referenced above), also fertilized and staked.
6. Clean fill and top soil the new bed lines with a hardwood shredded mulch finish
and repair any damaged sod.
7. The access for the installation of the trees will occur by removing portions of the
fence between the rear of our property and the Palms and must be reinstalled to
the same condition as the fence existed prior to commencement of the work.
8. Tri State Development Corporation must pay our landscape consultation (Cutting
Edge Landscape) expense of$375.00 in full.
i I
; r
The following work is to be completed on the Palms property (3366 South
Atlanta Road, Smyrna, GA 30080)--
9. Removal of the large tree that overhangs our property.
Tri State Development Corporation will be responsible for all expenses incurred with
the completion of work contained in this letter, and must provide a plant material
warranty of 1 year for all the items included in this letter.
A "surety bond" must be issued from Tri State Development Corporation's bank for
the benefit of Devonhire Court Homeowners Association, in a manner acceptable to
the Devonshire Court Homeowners Association to guaranty the completion of all
work contained herein. Additionally, all work must be completed within 30 days of
the approval of the variance and before the commencement of work on the extension
of the condominium units allowed by this variance.
Cutting Edge Landscape will supervise the work and all work must be done in a
professional workmanlike manner in accordance with recommendation of Cutting
Edge Landscape and us. The location for the planting of the new trees and the
relocation of the date tree will be at our discretion under the direction from Cutting
Edge Landscape.
Please call with questions. Thank you for your assistance with this matter.
Sincerely,
Ronald & Ping Patrick
1+6
--=--1/. '
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~~
December 14,2004
From: Devonshire Court HOA
23425 Belridge Drive
Smyrna, GA 30080
Devonshire Court Subdivision
770.436.5798
o
RE: Tri State Development Corporation -Variance Approval Request for The
Palms Condominiums- 3366 South Atlanta Road, Smyrna, GA 30080
We will approve the requested variance under the following terms and conditions:
I.) Full compliance to all the terms and conditions as outlined in the site plan
and letters from:
a. Jeff and Kathy Kelley
b. Dan Mosera
c. John Delk and Jack Buttrey
d. Ron and Ping Patrick
e. Chih Kao and Cuiu Lan Lu
f. Tania Brumatti and Roberto Moraes
g. S. Ramachandran
2.) Tri South Development Corporation must issue a surety bond in the
amount of $80,000 for the benefit of Devonshire Court Homeowners
Association to insure the completion of the landscaping work contained in
the letters referenced above. The above amount represents the approximate
cost to complete the landscaping work included in the letters. The surety
bond must be issued within 5 days of the issuance of the variance, in a
form acceptable to Devonshire Court Homeowners Association. In the
event the terms outlined in the letters are not met, including size and
quality of trees and other materials, time frames, payment of CEL
consulting fees, and the installation of landscaping (under the direction of
homeowners and CEL), then the Devonshire Court Homeowners
Association may redeem the bond to complete the work.
3.) CEL (Cutting Edge Landscape) has been hired by Jeff and Kathy Kelley,
Ron and Ping Patrick and John Delk to provide consulting services for the
initial landscape design, selection of trees, location for planting of trees
and approval (of quality) of trees to be planted. Tri South Development
Corporation must agree to work under the supervision and approval of
CEL for the selection, placement and installation of trees for these
households and will agree to pay the consulting fees of $1,125 for these
servIces.
CEL's involvement, based on the $1,125 consultation fee, is limited to the
above services and does not include the labor, or oversight, of the labor to
install the plants, the ordering of the plants, nor for creation of
architectural plans, unless otherwise agreed to between CEL and Tri South
Development Corporation.
Devonshire Court Homeowners Association reserves the right to hire a
professional landscape consultant to review the installation and quality of
plantings associated with the above mentioned variance for the remaining
households included on the site plan. This fee is not to exceed $375 per
affected household.
Tri South Development Corporation must agree to pay the fees referenced
above in full, within 30 days of completion of the variance.
Sincerely,
j
December 14,2004
~
~
From: Devonshire Court HOA
23425 Belridge Drive
Smyrna, GA 30080
Devonshire Court Subdivision
770.436.5798
RE: Tri State Development Corporation -Variance Approval Request for The
Palms Condominiums- 3366 South Atlanta Road, Smyrna, GA 30080
We will approve the requested variance under the following terms and conditions:
1.) Full compliance to all the terms and conditions as outlined in the site plan
and letters from:
a. Jeff and Kathy Kelley
b. Dan Mosera
c. John Delk and Jack Buttrey
d. Ron and Ping Patrick
e. Chih Kao and Cuiu Lan Lu
f. Tania Brumatti and Roberto Moraes
g. S. Ramachandran
2.) Tri South Development Corporation must issue a surety bond in the
amount of $80,000 for the benefit of Devonshire Court Homeowners
Association to insure the completion of the landscaping work contained in
the letters referenced above. The above amount represents the approximate
cost to complete the landscaping work included in the letters. The surety
bond must be issued within 5 days of the issuance of the variance, in a
form acceptable to Devonshire Court Homeowners Association. In the
event the terms outlined in the letters are not met, including size and
quality of trees and other materials, time frames, payment of CEL
consulting fees, and the installation of landscaping (under the direction of
homeowners and CEL), then the Devonshire Court Homeowners
Association may redeem the bond to complete the work.
3.) CEL (Cutting Edge Landscape) has been hired by Jeff and Kathy Kelley,
Ron and Ping Patrick and John Delk to provide consulting services for the
initial landscape design, selection of trees, location for planting of trees
and approval (of quality) of trees to be planted. Tri South Development
!
/
Corporation must agree to work under the supervision and approval of
CEL for the selection, placement and installation of trees for these
households and will agree to pay the consulting fees of $1,125 for these
services.
CEL's involvement, based on the $1,125 consultation fee, is limited to the
above services and does not include the labor, or oversight, ofthe labor to
install the plants, the ordering of the plants, nor for creation of
architectural plans, unless otherwise agreed to between CEL and Tri South
Development Corporation.
Devonshire Court Homeowners Association reserves the right to hire a
professional landscape consultant to review the installation and quality of
plantings associated with the above mentioned variance for the remaining
households included on the site plan. This fee is not to exceed $375 per
affected household.
Tri South Development Corporation must agree to pay the fees referenced
above in full, within 30 days of completion of the variance.
Sincerely,
Page lof2
Susan Hiott
From: Wade Lnenicka
Sent: Sunday, December 19, 2004 8:17 PM
To: Chris Miller
Cc: Lee Miller; Susan Hiott
Subject: FW: Varaince Approval Letter- The Palms
FYI, in comparing the letters received last Friday from the homeowners vs. the letters received last Wednesday, they look
the same except for the letter from the Kelleys which has a slight change in stipulation # 9 on page 2 if I am reading it
correctly...just wanted to point that out so you knew which letter to use in the hearing Monday night and for the record
files. Thanks.
Wade Lnenicka
-----Original Message-----
From: Wade Lnenicka
Sent: Sunday, December 19, 20047:02 PM
To: Chris Miller
Cc: Scott A. Cochran (E-mail); Susan Drinnon; Susan Hiott; Lee Miller; Wayne Wright; Max Bacon; Melleny Pritchett (E-
mail 2); Ron Newcomb (E-mail 2); Bill Scoggins; Mike McNabb; Jimmy Smith; Pete Wood
Subject: FW: Varaince Approval Letter- The Palms
Chris Miller:
Please see the attached letter from the Devonshire Court HOA Board regarding the proposed variance for The Palms next
door which is on the agenda for Monday night's meeting. Are we ok to incorporate this letter from the HOA and the letters
received from the adjacent affected property owners in Devonshire Court as Variance stipulations?
By copy of this message to the City Clerk's office, please make a copy of the attached letter and the cover email message
for Mayor, Council, and Staff.
Thanks.
Wade Lnenicka
. 'Lawler, Shawn R'; allenparker@hotmail.com; Wade Lnenicka
Attached is the Devonshire Court HOA's approval letter for The Palms variance which outlines the requirements of the
12/20/2004
Page 2 of2
IJevonhire Court HOA. We request that this letter be included with the individual homeowner letters that were distributed
on Friday. We look forward to meeting with you all tomorrow.
Jeff Moynihan
12/2012004
December 14, 2004
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From: Jeff & Kathy Kelley
2023 Belridge Court
Smyrna, GA 30080
Devonshire Court Subdivision
770-437-8273 phone
678-549-1669 mobile
~o*'-
RE: Tri Siftfe Development Corporation -Variance Approval Request for The
Palms Condominiums- 3366 South Atlanta Road, Smyrna, GA 30080
We will approve the requested variance under the following terms and conditions:
The following work is to be completed on our property (2023 Belridge Court,
Smyrna, GA 30080)--
1. Remove the existing 7 Leyland cypress trees along the fence at the rear of our
property. We will grant the right for Tri State Development to re-use our existing
Leyland cypress trees at their discretion on their property, but the removal of the
trees must be done in a way the does not disturb the roots of our existing oak tree.
2. Define new bed lines and remove excess sod.
3. Remove and re-plant our existing plants and ornamental shrubs located in the rear
pine island.
4. Plant a collection of 14 "grade A" evergreens 14-16 feet in height (from base to
top of tree-not the bottom of the root ball to top of the tree) with a raised soil
berm on the rear of our property. The evergreens will be a combination of Nellie
Stevens Hollies and Magnolias, and they must be fertilized and staked.
5. Clean fill and top soil the blended berm with a hardwood shredded mulch finish
and repair any damaged sod.
6. The access for the installation of the trees will occur by removing portions of the
fence between the rear of our property and the Palms and must be reinstalled to
the same condition as the fence existed prior to commencement of the work.
7. Tri State Development Corporation must pay our landscape consultation (Cutting
Edge Landscape) expense of$375.00 in full.
'It
~
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The following work is to be completed on the Palms property (3366 South
Atlanta Road, Smyrna, GA 30080)--
8. Plant 10 "grade A" cryptomeria trees 14-16 feet in height (from base to top of
tree-not the bottom of the root ball to top of the tree) along the fence line
between the fence for our retaining pond and the dumpster, beginning at our
property line and going towards the main entrance of the condominium project
(subject to review and approval in accordance with the request of Dan Mosera at
2025 Belridge Court).
9. Plant 4 "grade A" Nellie Stevens Hollies 14-16 feet in height (from base to top of
tree-not the bottom ofthe root ball to top of the tree) along the rear of the
dumpster.
t;,,~
Tri S1aff Development Corporation will be responsible for all expenses incurred with
the completion of work contained in this letter, and must provide a plant material
warranty of I year for all the items included in this letter.
tf
Please call with questions. Thank you for your assistance with this matter.
Sincerely",
Jeff and Kathy Kelley
~. \:R...D
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ecember 11, 2004
~-----:-----
~ ---"...,.
Jack D. Buttrey
2017 Belridge Court
Smyrna, GA 30080
Devonshire Com1 Subdivision)
Lot 13 /
/
770-431-8643 / .
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Re: The Palms Real Estate- Property Development
Atlanta Road
Smyrna, GA 30080
We \-vill approve the variance with the following stipulations:
1. Add sod and pine straw to create the same bed area as current on lot 13 and
extend the existing irrigation (sprinkler system) to accommodate the new depth of
the yard by moving the 3 or 4 rotors in the current sprinkler system into the new
bed area.
2. Plant a collection of 12 evergreens 14-16 feet of our choice and in the layout we
request w'ith a raised soil berm on the Palms side of the Privacy fence. The
evergreens would be some combination of Holly, Cryptomeria or Magnolia.
3. Give us the right to irrigate by running a soaker hose under the Privacy fence in
order to water the 12 evergreens that are to be planted on the Palms Property.
4. Plant 7 evergreen plants (l5gallon size) of our choice in the new bed area on the
Lot 13 side of the rivac fence-
rovide a plant material warranty of 2 years for the 12 evergreens on the Palms
side of the privacy fence and the 7 evergreens on Lot 13 side of the privacy fence
6. Give us an indefinite right to replace any dead or damaged plant material at our
own- expense after the 2-year plant material warranty (This applies to the 12
evergreens that will be planted on the Palms side of the privacy fence)
Pay our Landscape consultation (Cutting Edge Landscape) expenses in full
$3 75.00.~Our consultant will stake the site for planting of the 12 evergreens
(Palms side of the privacy fence) and the 7 evergreens on Lot 13. Our consultant
will review the Palms architect plans and will complete a follow up visit to insure
all specifications of these stipulations are completed as listed above
8. No existing trees/shrubs on Lot 13 will be damaged in the completion of the
above work
5.
7.
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December 11, 2004
John E.De1k
Jack D. Buttrey
2017 Belridge Court
Smyrna, GA 30080
Devonshire Court Subdivision
Lot 13
770-431-8643
Re ve the existing bacK fence (Priva y fence for the Devonshir ourt
subdivision) for lot 13 an rebuild a ne Privacy fence (8 fe all) back 3 feet to
e property line- incl s paint/stain on both sides ofth ew fence. The new
Priva . e angled at 45 degree on the lefi nd right sides to join the
existing side fences on Lot 13. The existin side fj ces on Lot 13 should be raised
with new cedar planks to be level straight a ro .
2. Add sod and pine straw to create the same b area as current on lot 13 and
extend the existing irrigation (sprinkler s e) to accommodate the new depth of
the yard by moving the 3 or 4 rotors i e cu ent sprinkler system into the new
bed area.
3. Plant a collection of 12 evergree 14-16 feet 0 ur choice and in the layout we
request with a raised soil be n the Palms side the Privacy fence. The
evergreens would be some c bination of Holly, ptomeria or Magnolia.
4. Give us the right to irrigate y running a soaker hose der the Privacy fence in
order to water the 12 ever reens that are to be planted 0 the Palms Property.
5. Plant 7 evergreen plants I5gallon size) of our choice in t new bed area on the
Lot 13 side of the priv y fence
6. Provide a plant mater' 1 warranty of 2 years for the 12 everg eens on the Palms
side of the privacy fi ce and the 7 evergreens on Lot 13 side of the privacy fence
7. Give us an indefini right to replace any dead or damaged plant material at our
own expense afte the 2-year plant material warranty (This applies to the 12
evergreens that will be planted on the Palms side of the privacy fence)
8. Pay our Landscape consultation (Cutting Edge Landscape) expenses in full
$375.00. Our consultant will stake the site for planting of the 12 evergreens
(Palms side ofthe privacy fence) and the 7 evergreens on Lot 13. Our consultant
will review the Palms architect plans and will complete a follow up visit to insure
all specifications of these stipulations are completed as listed above
Re: The Palms Real Estate- Property Development
A tlanta Road
Smyrna, GA 30080
We will approve the variance with the following stipulations:
I'
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9. No existing trees/shrubs on Lot 13 will be damaged in the completion of the
above work