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11072005 November 7, 2005 November 7, 2005 - The regular scheduled 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 were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Community Development Director Chris Miller and representatives of the press. Invocation was given by Fire Department Chaplain Brian Beaty, followed by the pledge to the flag. Mayor Bacon recognized members of the Marietta Chorale, who performed America the Beautiful and Georgia on My Mind for those present. AGENDA CHANGES: Council Member Wood stated item 8F (Adoption of a Resolution to authorize the City to acquire property on the north side of Concord Road between Atlanta Road and Dunton Street for the public transportation purpose of constructing and maintaining a multi-use pedestrian and bicycle path by any means authorized by State law including exercise of eminent~domain) should be added to the consent agenda. *MOTION: Council Member Scoggins made a motion to suspend the rules to add an item to the consent agenda. The motion was seconded by Council Member Pritchett. Motion was approved 6 - O. (Clerk's Note: Council Member Newcomb was not present at the time of this vote) - MOTION: Council Member Wood made a motion to add item 8F to the consent agenda (Adoption of a Resolution to authorize the City to acquire property on the north side of Concord Road between Atlanta Road and Dunton Street for the public transportation purpose of constructing and maintaining a multi-use pedestrian and bicycle path by any means authorized by State law including exercise of eminent domain). The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O. MAYOR'S REPORT: Mayor Bacon recognized Ms. Susan Johnston representing Friends ofthe Smyrna Library (FSL), and Ms. Johnston provided details to those present concerning upcoming FSL activities. Mayor Bacon recognized Mr. Drew Bacon, and Council Member Smith read a Proclamation for Retired Educators Day to those present. LAND ISSUES/ZONING/ANNEXATION: (A) Rezoning and Annexation - Matthews Drive and Spring Street - Sawgrass Homes (1) Public Hearing - Rezoning Request Z05-025 - R-20 to RAD Conditional- 2.09 Acre Tract - 2771 Matthews Street, 2775 Matthews Street, 2801 Matthews Street, 1655 Spring Street and 1665 Spring Street - Sawgrass Homes - Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. November 7, 2005 2 Council Member Scoggins recognized Mr. Brad Thompson representing Sawgrass Homes (SH). Council Member Scoggins asked Mr. Thompson why SH is seeking annexation of the subject property into the City of Smyrna. Mr. Thompson expressed the view that annexation of the subject property could provide the residents there with an association with a community as well as local services. Mr. Thompson stated SH proposes to build six detached single-family houses and eleven townhouses on the subject property. Mr. Thompson stated the new dwellings will have selling prices ranging from around $400,000 to around $450,000. Mr. Thompson stated the new dwellings will have a minimum size of2,300 s.f. and will feature two-car garages. Mr. Thompson provided details to those present concerning the architectural style of the proposed structures. Mr. Thompson stated the townhouses will be arrayed in a staggered row to give them dimension and will feature a courtyard area. Mr. Thompson described the various zonings of properties adjacent to the subject tract. Mr. Thompson expressed the view that the requested density is reasonable for the subject area. Mr. Thompson expressed the view that the subject tract is not suitable for a development consisting solely of detached structures. Mr. Thompson stated he intends to build housing at the subject location which will enhance the surrounding area and that the planned detention structure will have a landscaped appearance. - Mayor Bacon recognized Ms. Lynette Sheik, residing on Donna Lynn Drive, and Ms. Sheik stated that crime, deteriorating structures and other problems are evident in the area of her residence. Ms. Sheik stated she believes the proposed development would be beneficial for the subject area. Ms. Sheik stated that ifthe residents of the subject area want to see the subject property redeveloped, then the requested rezoning should be approved. Mayor Bacon recognized Mr. Brian Sadler, and Mr. Sadler expressed support for the proposed rezoning. Mr. Sadler stated the subject area is in need of redevelopment. Mayor Bacon recognized Mr. Ron Davis, residing at 1351 Roswell Street, and Mr. Davis stated he believes the subject property should be redeveloped as single-family houses. Mr. Davis stated the subject property is currently zoned R-20. Mr. Davis expressed concerns about the density proposed for the planned development. Mr. Davis expressed concerns about the proposed placement of the planned structures. Mr. Davis stated there is no common greenspace allocated for the proposed development. Mr. Davis stated the developer does not seem to be agreeable to a stipulation requiring a 20% reduction in the rate of storm water runoff on the subject property. Mr. Davis stated real estate in the subject area is considered desirable, and urged the present officials to take a long-term view of the development needs there. - Mayor Bacon recognized Ms. Casey Clavin, residing on Roswell Street, and Ms. Clavin stated the subject area is improving generally and that it is not necessary to accept condominiums on the subject tract. Ms. Clavin expressed the view that single-family houses could be built on the entire tract and that such structures would be a better option than townhouses. Ms. Clavin stated SH could withdraw this rezoning request and return at a subsequent time with a proposal to build a development comprised solely of single-family houses. Mayor Bacon recognized Mr. William Stefano, and Mr. Stefano provided details to those present concerning the results of an informal traffic survey he conducted in the vicinity of Matthews Street. Mr. Stefano stated he is opposed to the proposal by SH to install speed humps in the subject area. Mr. Stefano stated he believes the proposed redevelopment could make the community safer. Mr. Stefano stated there are houses in the subject area which should be demolished. - November 7,2005 3 - Mayor Bacon recognized Mr. Lemuel Ward, residing at 1496 Spring Street, and Mr. Ward stated he agrees with the comments made at this meeting by Mr. Davis and Ms. Clavin. Mr. Ward stated the City should adhere to the concepts embodied in the land use plan by maintaining the usage existing in the subject area which is primarily single-family residential. Mr. Ward expressed the view that the City should not approve high-density zoning simply because developers pay too much for property. Mr. Ward expressed the view that approving RAD Conditional zonings at high density establishes an undesirable precedent. Mr. Ward stated the subject property should maintain its single-family usage, and that efforts should be made to try to change the zonings of commercial properties in the area to less intense uses. Council Member Scoggins recognized Mr. Miller, and Mr. Miller stated Cobb County authorities have expressed no objections to this proposed annexation and rezoning. Mr. Miller stated this assent suggests a willingness on the part of County authorities to approve a proposal in their own territory such as the one presently under consideration. Mr. Miller stated that some of the land in the subject location is in an unincorporated area, and that the City has no control over the zoning of properties there. Mr. Miller stated staff supports the proposal with six detached structures and nine attached units subject to applicable standard conditions and a number of special conditions as follows: Special Conditions 14. Developer shall utilize masonry, wrought iron fence, or a combination of both for courtyard fencing. 15. The right-of-way along Mathews Street shall be increased to 50 feet to match other residential road right-of-ways. Therefore a dedication of 10 feet along the east side of Mathews Street is required. - 16. The right-of-way along Spring Street shall be increased to 50 feet to match other residential road right-of-ways. Therefore a dedication of 5 feet along the north side of Spring Street is required. 17. A turnaround for emergency vehicles shall be provided unless waived by the Fire Chief. 18. The development shall maintain the following setbacks: Detached Units Front-IS' Rear - 20' Side - 5' Minimum Building Separation - 15' Attached Units North Property Line - 5' East Property Line - 10' South Property Line - 10' West Property Line - 10' Front to Front of Buildings - 40' - Council Member Scoggins asked Mr. Thompson if SH is agreeable to the applicable standard conditions and special conditions formulated by staff. Mr. Thompson stated he is not certain he November 7.2005 4 can comply with the requirement for a turnaround for emergency vehicles because of space limitations. Council Member Scoggins stated he is consulting with the fire chief regarding this requirement. Mayor Bacon asked what the runoff reduction rating of the planned detention structure will be. Mr. Thompson stated he will comply with water detention specifications required by the city engineer. Mr. Thompson stated a 20% reduction can be difficult to achieve, and that the City ordinances specifY a 10% reduction. Council Member Newcomb stated a 20% reduction is shown in the stipulations, and that the water runoff reduction requirement is not left to the discretion of the city engineer in this case. Council Member Newcomb stated the subject property is located near the Poplar Creek basin, and that the water detention structure planned for the subject property would be useful. Council Member Newcomb stated the subject property is currently in unincorporated Cobb County and, if annexed, he believes the City could provide effective governance there. Council Member Newcomb expressed the view that redevelopment of the subject property could encourage other developers to consider desirable projects for construction in that area. Mayor Bacon asked Mr. Thompson if he has considered a mixed use development for the subject property. Mr. Thompson stated he did give some thought to the possibility of a mixed-use development, but that particular option did not show much promise for the subject property. Council Member Newcomb stated one of the subject parcels is commercially zoned, and that the prospect of developing it for residential purposes seems to be a positive step. Council Member Smith stated he would prefer to have a more definitive site plan for the proposed development before making a decision regarding it. - MOTION: Council Member Smith made a motion to table Rezoning Request 205-025 from R-20 to RAD Conditional for a 2.09 acre tract at 2771 Matthews Street, 2775 Matthews Street, 280 I Matthews Street, 1655 Spring Street and 1665 Spring Street for Sawgrass Homes pending submittal of more definitive plans by the developer. The motion was seconded by Council Member Lnenicka. Motion failed 3 - 4 with Council Members Pritchett, Newcomb, Scoggins and Wood in opposition. - Council Member Newcomb asked Mr. Miller to explain what plans for the proposal under consideration are presently available for review. Mr. Miller stated the site plan is the controlling document for a conditional development. Mayor Bacon asked Mr. Miller if the proposal under consideration has been processed any differently from other similar requests. Mr. Miller stated any project should be constructed to substantially conform to the site plan submitted by the applicant. Council Member McNabb asked Mr. Miller ifit is correct that no common space is being required in this rezoning plan, and Mr. Miller answered in the affirmative. Mr. Miller stated this is a small development and that maintaining open space in this instance may not be feasible. (2) Annexation Request (100% of property owners as applicants) - Land Lot 632, 2.09 Acre Tract 1 ih District, 2nd Section, Cobb County - 2771,2775 and 2801 Matthews Street and 1655 and 1665 Spring Street - Hiram Car Wash, LLC, William Davenport, Bobby Lacey and Bonnelle Lacey MOTION: Council Member Scoggins made a motion to approve annexation of a 2.093 acre tract in Land Lot 632, in the 1 ih District, 2nd Section, Cobb County at 2771,2775 and 2801 Matthews Street and 1655 and 1665 Spring Street for Hiram Car Wash, LLC, William Davenport, Bobby Lacey and Bonnelle Lacey to become a part of Ward 3 of the City of Smyrna with an effective date of December 1,2005. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O. - November 7. 2005 5 (3) Final Vote - Rezoning Request Z05-025 - R-20 to RAD Conditional - 2.09 Acre Tract-2771 Matthews Street, 2775 Matthews Street, 2801 Matthews Street, 1655 Spring Street and 1665 Spring Street - Sawgrass Homes - MOTION: Council Member Scoggins made a motion to approve Rezoning Request Z05-025 from R-20 to RAD Conditional for a 2.09 acre tract at 2771 Matthews Street, 2775 Matthews Street, 2801 Matthews Street, 1655 Spring Street and 1665 Spring Street for Sawgrass Homes for six detached houses and nine attached townhouses at an overall density of 7. I 8 units per acre subject to applicable standard conditions and special conditions as formulated by staff. Council Member Lnenicka stated he will support the motion. Council Member Lnenicka stated that when the City annexes property, improvements such as paving of streets and the installation of gutters and street lights are made there, and City police and emergency services are provided to those areas. Council Member Lnenicka stated he hopes the State legislature can consider some measure during the upcoming legislative session to effectuate the annexation of unincorporated islands. Council Member Lnenicka stated annexation of these unincorporated islands into Smyrna could solve a number of problems for both the County and the City. Motion was approved 6 - 1, with Council Member Smith in opposition. (B) Public Hearing - Rezoning Request Z05-026 - R-15 to RAD Conditional - 1.51 Acre Tract - 3482 South Sherwood Road - JAL Holdings, LLC Mr. Wright stated the applicant is requesting rezoning of the subject tract for construction of seven active-adult residences at a density of 4.63 units per acre. Mr. Wright stated the Planning and Zoning Board (PZB) has recommended approval ofthe proposal, and that staff recommends tabling the measure until a subsequent meeting. - Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was administered to several persons by Mr. Cochran. Mayor Bacon recognized an unidentified person who advised he supports agenda item 8 C. Council Member McNabb recognized Mr. Lewis, and asked Mr. Lewis to provide a summary ofthe changes to the site plan for the proposed project to those present. Mr. Lewis stated he has tried to include recommendations from the PZB and information obtained from meetings with City officials in the revised plan. Mr. Lewis stated he would like to reserve the flexibility to build at least one 1,600 s.f. residence in the development. Mr. Lewis stated the plans as submitted are representative of the type of houses he plans to build on the subject property. Council Member McNabb asked what the length of the driveways of the new houses will be, and Mr. Lewis stated he is presently not able to provide information regarding the exact lengths of the driveways. Mayor Bacon recognized Mr. Brian Long, and Mr. Long provided information to those present pertaining to driveway lengths in the proposed development. Council Member McNabb asked Mr. Lewis what the projected selling prices of the proposed dwellings will be. Mr. Lewis stated the new houses will have selling prices starting at around $275,000 each. Mr. Lewis stated he believes the configuration of the planned houses will appeal primarily to mature purchasers. At Council Member McNabb's request, Mr. Lewis showed graphic representations of the proposed development to those present. Council Member Wood asked Mr. Lewis if the proposed structures will be designed to be accessible to handicapped persons in wheelchairs, and Mr. Lewis answered in the affirmative. Council Member McNabb stated he is in favor of senior-oriented housing being built in the City and that, because this type of housing is needed in Smyrna, he will support the proposal. - November 7, 2005 6 MOTION: Council Member McNabb made a motion to approve Rezoning Request 205-026 from R-15 to RAD Conditional for a 1.51 acre tract at 3482 South Sherwood Road for JAL Holdings, LLC subject to applicable standard conditions and amended special stipulations as follows: - 16. Minimum floor area shall be 1,800 square feet. 17. The development shall maintain the following setbacks: Front (Proposed road) - 10 feet Side (South Sherwood Road) - 20 feet Side - 0 feet with a minimum of 20 feet between buildings Rear - 15 feet 18. No outside storage shall be permitted, with the exception of firewood and lawn furnishings, or as otherwise prohibited in the protective covenants. 19. Units shall be limited to those persons age 55 and older as defined by the Fair Housing Act as may be amended from time to time. 20. The development should incorporate applicable accessibility and "easy living" standards (as administered and copyrighted by a coalition of Georgia citizens including AARP of Georgia, Atlanta Regional Commission, Concrete Change, Georgia Department of Community Affairs, Governor's Council on Developmental Disabilities, Home Builders Association of Georgia, Shepherd Center and the Statewide Independent Living Council of Georgia) to include at least one full bath with ample maneuvering space, and one stepless entrance at either the front of the home or through the garage. Each unit will be wheelchair-accessib Ie. - 21. Each unit must be protected by a fire sprinkler system. 22. The mandatory homeowners association shall be responsible for all community areas. 23. The mandatory homeowners association must include rules that regulate and control the following: · Each unit shall have a two-car garage. . Garages are restricted to vehicle parking only. . No more than a single unit may be leased by individual owners at a time and for no term less than one year in duration. Council Member McNabb asked Mr. Lewis ifhe is agreeable to the stipulations of this rezoning request. Mr. Lewis stated he agrees with the stipulations in general. Mr. Lewis indicated he is uncertain as to exactly how the sale of the proposed dwellings will be limited to persons aged 55 and older. Council Member McNabb asked Mr. Lewis ifhe will be willing to work with staff on the matter of marketing the dwellings to mature occupants, and Mr. Lewis answered in the affirmative. The motion was seconded by Council Member Scoggins. Council Member Newcomb stated he will not support the motion because two ofthe structures would be attached and seem to resemble duplexes. Motion was approved 5 - 2 with Council Members Newcomb and Pritchett in opposition. - November 7, 2005 7 PRIVILEGE LICENSE: There were none. - FORMAL BUSINESS: (A) Approval of wastewater rate increase from Cobb County Water System Mr. Wright stated the Cobb County Water System is increasing the wholesale rate for wastewater treatment by 4 %. Mr. Wright stated staff recommends increasing the City's sewer rates by the same percentage from $4.56 per 1000 gallons to $4.74 per 1000 gallons in order to maintain current levels of service. MOTION: Council Member Wood made a motion to approve increasing the City's sewer rates by 4% from $4.56 per 1000 gallons to $4.74 per 1000 gallons effective January 1,2006. The motion was seconded by Council Member Lnenicka. Motion was approved 5-1, with Council Member Scoggins in opposition. (Clerk's Note: Council Member McNabb was not present at the time of this vote) (B) Approval of water rate increase from Cobb County-Marietta Water Authority MOTION: Council Member Wood made a motion to approve an increase in the City's water rates by 2.5% from $1.86 per 1000 gallons to $1.90 per 1000 gallons effective January 1, 2006. The motion was seconded by Council Member Lnenicka. Motion was approved 5-1, with Council Member Scoggins in opposition. (Clerk's Note: Council Member McNabb was not present at the time of this vote) - (C) Approval of Alcoholic Beverage License Fee Increases Mr. Wright stated the proposed increases for alcoholic beverage license fees is the second phase of a two-year plan for bringing the City's license fees in line with those in neighboring jurisdictions. MOTION: Council Member Wood made a motion to approve adoption of the 2006 alcoholic beverage license fee schedule. (Clerk's Note: A copy of the revised fee schedule dated November 7, 2005 is attached hereto as exhibit "B") The motion was seconded by Council Member Pritchett. Motion was approved 5-1, with Council Member Lnenicka in opposition. (Clerk's Note: Council Member McNabb was not present at the time of this vote) COMMERCIAL BUILDING PERMITS: (A) 35,362 s.f. Rotel Building - 2175 Church Road - John Patel/JDR Developer MOTION: Council Member Wood made a motion to approve a commercial building permit for a 35,362 s.f. hotel building at 2175 Church Road for John Patel/JDR Developer. The motion was seconded by Council Member Smith. Motion was approved 6 - O. (Clerk's Note: Council Member McNabb was not present at the time of this vote) CONSENT AGENDA: - (A) Approval of October 17, 2005 Minutes November 7. 2005 8 (B) Amendment to the FY2006 Hotel/Motel Budget Authorization of a budget amendment is recommended to allow an expenditure for advertising. - (C) Approval to Install No Parking signs on Walker Street from Mathews Street to Wright Street No Parking signs would be installed on both sides of Walker Street between Mathews Street and Wright Street. Multiple driveways from duplexes and the narrow width of Walker Street (18') make parking on the street a safety hazard. The City Engineer has reviewed this issue and recommends approval. (D) Approval to send out Request For Proposals (RFP) for Program Management Assistance for the 2005 Transportation Improvement Program Components of the RFP include program management assistance, pre-construction services, right-of-way acquisition, and complete construction services. The City Engineer has reviewed the RFP and recommends approval. (E) Approval of use of Council Chambers for a meeting of the Market Village HOA on Thursday, November 10,2005 from 6:30 p.m. until 8:30 p.m. *(F) Adoption of a Resolution to authorize the City to acquire property on the north side of Concord Road between Atlanta Road and Dunton Street for the public transportation purpose of constructing and maintaining a multi-use pedestrian and bicycle path by any means authorized by State law including exercise of eminent domain MOTION: Council Member Scoggins made a motion to approve the consent agenda. The motion was seconded by Council Member Wood. Motion was approved 6 - O. (Clerk's Note: Council Member McNabb was not present at the time of this vote) - COMMITTEE REPORTS: Council Member Wood commended the employees ofIBM who recently volunteered to assist with the planting of trees in the vicinity of Linear Park, painting the fence at Ward Street Park, refurbishing the trail at Thompson Park and other tasks. Council Member Wood stated IBM volunteers were also involved in other local community beautification activities earlier this year. Council Member Wood thanked everyone who has been involved in organizing and carrying out these beneficial projects. Council Member Wood thanked the employees of IBM and other businesses in the City for their efforts to help make the community a better place for everyone. Council Member Lnenicka stated he would like to recognize the staff at Woodland Ridge Assisted Living, a non-profit organization. Council Member Lnenicka stated each year the State of Georgia looks for best practices and gives an award through the Department of Human Resources. Council Member Lnenicka stated the staff at Woodland Ridge won such an award this year for the best staff training program for 2005. Council Member Lnenicka stated he wishes to thank the members of the Paces Ferry North HOA for participating in their recent HOA meeting. Council Member Lnenicka stated there will be a meeting ofthe Gates at Vinings HOA on November 17. Council Member Lnenicka stated there will be a meeting of the Green Tour in Atlanta this week and that members of that organization will be making a site visit in Smyrna to observe the City's accomplishments in the area of redevelopment. Council Member Lnenicka encouraged everyone to show their appreciation to the veterans of the U.S. armed forces on -- November 7, 2005 9 Veterans Day. Council Member Lnenicka expressed condolences to the families of Mr. Bill Brown and Mr. Don Fagan, both past commanders of American Legion Post 160, who recently passed away. - Council Member Smith stated he wishes the citizens of the newly organized City of Sandy Springs the best of luck. Council Member McNabb thanked Mayor Bacon for promptly responding to a family emergency he recently experienced. Council Member Scoggins commended the City's elected officials and Mr. Chris Miller for what he considers to be their objective analysis of a zoning case in Ward 3 on which a decision was made this evening. Council Member Newcomb stated Mr. Arthur Crowe was recognized as Citizen of the Year at the Smyrna Area Chamber Breakfast held recently. Council Member Newcomb commended Council Member Lnenicka for the manner in which he described Mr. Crowe's accomplishments and contributions to the community at that meeting. Council Member Newcomb commented favorably about Mr. Crowe's character and abilities and thanked him for donating some land to the City for use as a park. Council Member Pritchett yielded the floor with no report. CITIZENS INPUT: There was none. - With no further business, the meeting was adjourned at 9:55 p.m. - November 7, 2005 l aL&~ CHARLES PETE WOOD, WARD 7 10 ( /-'\J c ;;; C~~ / ~/ I ~UA{'J/r7!J ('( --6-- / SUS~N D. HIOTT, CITY CLERK - //JGJJ~ / RON NEWCOMB, WARD 2 WADE S. LNENICKA, WARD 6 - - ,.., ,., ~ RESOLUTION OF CITY OF SMYRNA WHEREAS, the City of Smyrna, through its Mayor and Council deems it necessary to acquire property to be used for public transportation purposes for the construction and maintenance of a multi-use pedestrian and bicycle pathway along Concord Road in Smyrna. IT IS HEREBY RESOLVED THAT The City of Smyrna is authorized to acquire any and all property and/or interests in property depicted and/or described on the "Concord Road Multi-Use Trail Plan" prepared by Arcadis, dated January 4, 2004, last revised April 1, 2005 which is incorporated herein by reference. Such necessary property acquisition includes, but is not limited to the following: a.) The acquisition of 432.01 square feet of right of way and 1,680.08 square feet of easement for construction of slopes as shown on Exhibit A(l) and A(2) attached hereto and incorporated herein by reference. b.) The acquisition of 858.67 square feet of right of way, 207.68 square feet of drainage easement and 1,343.63 square feet of easement for construction of slopes as shown on Exhibit B(l), B(2) and B(3) attached hereto and incorporated herein by reference. c.) The acquisition of 3,571.13 square feet of right of way, 1,226.40 square feet of driveway easement and 1,213.88 square feet of easement for construction of slopes as shown on Exhibit C( 1) and C(2), attached hereto and incorporated herein by reference. d.) The acquisition of 425.45 square feet of right of way, and 623.80 square feet for construction of slopes as shown on Exhibit D, attached hereto and incorporated herein by reference. ~;~~J~~r~'iG'I'jf.;~:i~<rz~,~:-~it_~-~ . -T-- .., . '. ...;.."-,:,',,.-., 'Ii.;. ..,,:..,,~.....,- ;.;~::_,~:;""., ,:;;.~ ,0",.. ...... '''.''~_'_'''''';~''''''.''''''''''''''''__'_'"'''''''''''''''''''''~~''''_ "'_" ~=~I~=I=~I=I~=I=I=I=rl I I I I I I I I I I I I I I I I I I I~ ..." EXHIBIT A(I) M.. b-~ PARCEL I - DR. ME LV IN R. WEISS DB 7895. PG. 380 TAX PARCEL 10 17-0523-056-0 O. 385 ACRES ~\G ~.. .,....., J TT.... ~~ -'.1'1 1:r~m. ~ . POINT N E BEARING DISTANCE hlla4 100 N I. 4 I I. 086. 27/ 0 E 2. 189. 953. 1080 N 69' 02' 37. 28" W 4. 2555 101 N 1.41 1.087.7930 E 2. 189. 949. 1340 N 18' 56' 59. 17" E 102.5562 /02 N 1.41 1.184.7910 E 2. 189. 982. 4380 5 73' 44' 47. 05" E 4. 1624 104 N 1.41 1.183.6260 E 2. 189. 986. 4340 5 18' 53' 48. 50" W 102.90/0 /00 N I. 4 I I. 086. 27 10 E 2. 189. 953. 1080 ~ · x x X M X X . 6 . . . X . . . . r . . . . r X . . . . . . X . . . . . X . . . X . . . . . . . . . X . PoInt Station Offset AI/qnment --------- -------------- --------- -------- 100 10+00.02 -0.7461 TRLI 101 10+00.14 '-5. 0000 TRLI 102 I 1+02. 90 -5. 0000 TRLI 104 I 1+02. 97 -0. 8385 TRLI -., +- Q. r--: ~ ,/ > L U +- 0 a. ,/ C +- IJ) ::l ,/ > Q) u ,/ 0 L +- ,/ .. 01 rr. lLl > 0: 0 t- o ~ a.. -., REO'O R/W PARCEL I .432.01 SF ro. 010 AC) REMAINDER. 0.375 AC · · x . · · · · · · . . . . . . . . . . . . . . z . . x . . . . . . . . x . . . . x . . . . . . . . x . . ESM'T FOR CONSTR. OF SLOPES = 1.680.08 SF rO.039 AC) · . . · . · . · · x . . . . . . . . . . . . . . . . . . . . . . x . . . . . . . . . . . . . . . . . . . . . . . .......................................................x 'A1IIa' 1><1 PARCEL 2 I J rl - DELORES JACKSON . DB 13366. PG. TAX PARCEL 10 "WIXr 1 ~ N BEARING _'~r1'tr " - POINT 4598 17-0523-058-0 J>.......... E DISTANCE ""<l O. 254 ACRES Wl r ~ l~nr IL1I.-L_* - "<1><1" ~"q'1llTW C 01 U ci 104 103 N I. 4 I I. 183. 6260 N 73' 44' 59.37" W N 1.41 1.186. /R4n E 2. 189. 986. 4340 9. 14 I 2 ~ ? Ian n77 rr~n , EXHllO:J , I I , , I I , , I N/F I , , I DR. MELVIN R. WEISS I , I .... I I BEGIN!PROJECT , I [ I STP-0002-00(277} I , CONCO~D RD MULTIUSE TRA I L I 1 \ DELORE STA I' +00. 00 , I TIE TUJ MULTIUSE , I TRAIL! CONSTRUCTED , I , BY OTHERS I I I I Sta / / +0 , 5. 00/ LT ~ I I SAW CUT & 0' '14"oK1EXISTING j o! ()) l.() re. t.O co I .....,;--' , ~)v /' +- - / ,., 'RELOCATE SIGNS Y OTHERS \ <' S;TA. /0+27.57 B;~G / N 6/1 HEADER CUf?B ,f] ST CB S:' UfF'{()E6.fjJR ADE ,N=lt5":1.99 :JUT=l05.:J, 7'3 8/1x24" CURB & GUTTER, 32/ Sto I 1+02.97 EXHIBIT B (1) ........----.. .., PIII?CCL 7 - GLEN E. STINSON 00 1947. PC. 41'1. PO 72. PG 10 TAX PARCEL 10 17-0'i::'J-/7r;4-0 O. 14'} AO?F:S pOINr N E 8EARING DISTANC[ 1/6 1/5 N I. 41/. 546. 29 N 86' 45' 48.33' W N 1.4//.516.61 E 2.190.135.40 6. 22 E 2.190.129. I'J De I to 11' 15' 27.10' Oeqree 10' 55' 53. 02' Tangenl 65. 55 Length 130.43 Radius 524. 14 Long Chord 130.09 Chord Bear . N 46' 50' 16..98' E 1/7 N 1,41/.635.63 E N 5J' 57' 57.76 ' E 1/8 N 1.4//,655.58 E S 27' /7' 55. JJ' E 1/9 N t,4//.618,88 E De/to /9' 26' JO.62' Degree /2' /6' 5/.8/' Tangent 79.92 , Length /58. J/ Radius 466.54 Long Chord /57.55 Chord Bear S 49' 22' /6.36' W ( RTJ 2. /90. 224. 08 J3. 92 2. /90.25/.5/ 7.54 2. 190. 254. 97 (L TJ 1/6 N /, 4//. 546. 29 E 2, /90. /35.40 ...1'...... ... .... It ... ...... ..... ....... .............. PoInt Stot'on Off se t A/'gnment ---..----- -------------- --------- -------- 1/5 '4+93.85 -8.00 TRLI 1/6 , 4+97,52 -3.0/ TRLI 1/7 /6+22.28 -8. 00 TRLI 1/8 /6+56.20 -8.00 TRLI 1/9 '6+55.05 -0.54 TRLI ... It.... If. It".." If"".. . ...... ....".......... It.. It It .... It. It If It.. REO'O R/W PARCEL 7 . 858.67 SF (0.020 AC) REMA'NOER' 0.329 AC It It..""."....."." It."....". It...... It It..... It".. It.. It It 1'.. It It..,. It DRAINAGE EASEMENT 1/5 N /.4//,546.64 E 2. /90. /29. '9 N 86' 45' 50.79' W '6.44 /70 N ',4//.547.57 E 2. /90. , /2. 78 N 4' , 58' 23.06' E 21.39 '73 N " 4/ '. 563. 47 E 2. /90. 127.08 . . .. S 49' OJ' 16.83' E '2.50 '74 N /. 4' /, 555. 27 E 2, /90. /36. 52 Delta , , /4' /7.45' (L TJ Degree 10' 55' 5J.02' Tangent 5.66 Length II. J3 Rad'us 524, '4 Long Chord , 1.33 Chord Bear . N 40' /9' 37.05' E 1/5 N ,. 4//. 546. 64 E 2.190.129. 19 .. If.. It" . It If .... ...., ......."..... It.. ... It If.. ........,....... po'nt Stat'on Offset AI'gnment --------- -------------- --------- -------- 1/5 /4+93.85 -8.00 TRLI 170 , 4+84. 46 -21.31 TRLI /73 '5+05.00 -20. 50 TRLI /74 /5+05.00 -8. 00 TRLI REO'O DRAIN ESA/'r PARCEL 7/' 207.68 SF (0.005 AC/ It It.. I'.,.,., .....,.,.,., If It...... If ..... It., If.. . It......" ""..".."" ESM'T FOR CONSTR. OF SLOPES' /.343.63 SF (O.OJ/ AC) .. ......". ............. ............"".. ".. .".... ".."""".. .., . . . . . . . . .. . . . . . .. .. .. .. .. " .. .. " " " " . \" " " " . " " " " "I" " " " " " " " " " " " " . " " " . . :'~. .,: ".-' EXHIBIT B(2) ; E~ Nt-.-., , 14+47.00 00 I L T (I 7 I ) --.--- _.-~..- N/I- GLEN E. STINSON '-.......... Sta 15+05.00 2Q.501 LT '-....... , / (It)"6 '~'- 6/1 HEADER CURB, 47 I REMOVE PIPE, 4,-r t. _ _ REMOV E DROP ---INLETS (2) Sfa /4+9t.'52 3.01 I LT (I 16J--., Sf a 15+05. 00 8. 00 I L T (/ 74) 8"x24/1 CURB ~IITTI="Q c:.n' 'X'- t; ~ "- 'v ~ , ~CJ ~ ..., - ......, , "-' '--'-. '-u , i 1,ltli,'W' ,f ." ~ 0 _) \, "'I) .....-,.....y , / 8. 00/ L T (I 17) J!tl:.!!!. "0 TP ------- ~-tLs7__i!{W 7 I LOVE S ~:__- - -.I/fEE I ~I"~ }):,f/' ~~~~" f: if:' I"" "~<, ~;",': ~F: ~.~ ~(-: 'Ii.' , t(J: i~ ~ t' f,' i' I~'. '!~:""~, fi.~ , -~~'" t ~- f'~ ie- ~, 11',.,;~ ti" 'l,('.' t; , ~:( t<: ~' ....... S' ~ ~ ~ ~ ~ G> ~ \ ~COr-D Sta 16 O. 54/ j 8 WH DETEC7 WARN fA ~"\ · TY P. _ ~ -(. 8"x24" CURB & \~ ~ ~~- GUTTER, 50 / ~ ~ ~ /' fJN DWG RELOCATE UT I L I TY __~~~~ POLE AND LINES/BY OTHERS / . 0:> \ o ....... REMOVE EXIST SIDEWALK, CONSTRUCT NEW SIDEWALK ADJACENT TO TRAIL AND DRIVEWAY AS SHOWN. EXHIBIT B(3) DRIVEWAY ESM'T . 24/. ~a ~r IV. vvv ~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , . . . . . . . << << PARCEL II - J. V. CHI LDRESS HOLDI NG. LLC DB 1286/. PG. 539 TAX PARCEL 10 17-0559-050-0 1.314 ACRES ......n... n-..n",- rrnT ",n- T .....,,<, -n.... -- - - .nT .................T T ......, n T -.,.r Tun "r '" T-T" POINT N E BEARING DISTANCE ~ * a::: w > CE Cl t- O ..J 0.. * .l:ldl4UIIIM' Jut . I ,-.1 'tIR_UIlf pQ".I"~I...t Ci:. w > CE Cl t- O ....J 0.. .... JllIlI.A bd.1 r ..r1i"" Mil, ~l~_ ...L 130 N I. 411. 706. 88 N 79' 06' 17.88' E N 1.411.7/6.56 S 89' 58' 09.54' E N 1.411.7/6.47 S 33' 03' 20.25' E N 1.411.697.01 S 89' 03' 20.82" W N I. 41 I. 700. 40 N 14' 03' 55.35" W N I. 411. 706. 88 E 132 133 134 131 130 lU v .'r...t.....A*R-ItI. ~......u... v.......III11.... v _1l1l?'fJtA'ailI JlII1W'"IAtI ..r ItH_&JIiI17-lt r- ~ 11M" E 2. 19/. 233. 05 51. 21 E 2./9/.283.34 169. 93 E 2. 19/. 453. 27 23. 22 E 2./9/,440.61 205. 96 E 2. 19/, 234. 68 6. 68 E 2. 19/. 233. 05 x . x x x x x x . x x x x x x x x x x x x x x x x . . . . . x . x x xx xx x x x x x x x xx xx · x x x poInt StatIon Offset AlIgnment --------- -------------- --------- -------- 130 26+46. 90 -10.00 TRLI 132 27+00. 00 -7.00 TRLI 133 28+76.86. - 13. 04 TRLI 134 28+59. 22 5.34 TRLI ,., /3/ 26+48. 60 -3. 54 TRLI x x x x x . x x x x x x x x x . x x x x . x x x x . . . . . . x . · x x,. X" · · · · x" · x,. · (0.082 AC) REO'D R/W PARCEL II 3.57/. /3 SF REMAINDER = 1.232 AC * w :::! u... * . . x x x x . x x x x . x . x . . . x x x . x . . x x . . x x . x x x x · x x . · · · · · · x x x X" x . . · ii> E o c .~ u... ESM'T FOR CONSTR. DRIVEWAY ESM'T . OF SLOPES' 1.213.88 SF (0.028 ACJ /.226.40 SF (0.028 AC) x x x x x x . x . x x x x x x x x x x x x x . x x x x . x x . x . · · x x · x x x.. · . · . x x x x x.' x x * w ~ t- * ii> ,~ t- w EXHIBIT C (1) ...,. ADJUST WAT R VALVE TO GRADE ESET BUS STOP IroN ANn TRASH CAN \ , \ , " . ',-~ , , , , , , . ((TIJ) N/F CHILDRESS HOLDING. , \ , " , , ", ~~ \ \ \~ , , , \ \ ~\\ ~ \ \ , , , \ ...-. ,,,,' \ '" /'/<<'10 ))\, , ~/F' '., E & KAREN' ShUTT \ \ \ ~ ~ , ~ \ \ ~ \ \ \ ' \ ' \ . , \ , , \ \ \ \ ASPHtLT \ \ ' , ' \ ' , \ , \ , ' \ \....... ~ to! '. ' , '-' .ta :26+41.63 '0.00' LT Sto 26+30.00 30.00' LT Sto 26+25.00 15. 00' L T lET A I N ITLI TY POLE , RAV c "X2~-r:vRlT-&--- ,GUTTER, 24' 1~'liCP .. RETAIN '" UT I L I TY POLE AllL LI GHT POST :'>,;: -- ......'" t\J O'l ~, .' _. _.. .-".....n ^ ~'~ ,. C ~ ~ - EXHIBIT C(2) III J . TU T"""'MU U ~.ItI.J rVTIJ~ U*IlI.,IIU..lfIll,," lWII...III.I",_" ~ PARCEL 8 - HAROLD E. FLYNN DB 1228. PG. 235. DB 238. TAX PARCEL ID 17-0522-035-0 N BEARING PG 61 - 0.438 ACRES. PO I NT -.... t>-l -v E DI STANCE .... ... 120 N 1.41 1.691.32 E 2. 190. 328. 5 I De It a Degree Tangent Length RadIus Long Chord Chord Bear 10' 06' 00.64" (RT) II' 02112.59" 45. 88 9 I. 5 I 5 I 9. 13 91.39 z N 75' 581 34.95' E 121 N I. 4 I I. 7/3. 46 S 31' 58' 08.42" W N t. 4 I I. 708. 08 E 2.190.417.18 6. 34 E 2.190.413.82 122 ....., Delta Degree Tangent Length RadIus Long Chord Chord Bear 8' 24' O~ 80" (LT) 12' 16' 51.81" 34. 26 68. 40 466. 54 68. 34 z S 75' 49' 39.82" W 123 N 1.41 1.691.35 S 89. 54' 13.50" W N 1.411.69/.32 E 2. 190. 347. 56 19.05 E 2. 190. 328. 5 I 120 x . ~ ~ x x x . % . % X X X . % . . X . . . 6 . . % . . . x . . . . . . . . ~ . ~ % . . . x . x x . % . . PoInt Statlon Offset AlIgnment --------- -------------- --------- -------- 120 17+40.65 -8. 00 TRLI 121 18+30.75 -8. 00 TRLI 122 18+26.62 -3. 22 TRLI 123 17+58.59 -2. 12 TRLI REQ'D R/W PARCEL 8 . 425.45 SF (0.010 AC) REMAINDER. 0.428 AC x.. · · · · % . . . . . . x . . % . . . . . . . . . . . . . z . % . Z . . . . . . . . . x x ~ . . x . x ESM'T FOR CONSTR. OF SLOPES. 623.80 SF (0.014 AC) · · · · · · · · · · · · · · · · · · z . . . . z . z . z . . . . . z z . . z x . . . . . z . . . . x x . x . . x x z . x . . . . . x-x · · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . z . . . . . . . . . . . w EXHIBIT D IT IS FUTHER RESOLVED, that said property may be acquired by any lawful means ..., including eminent domain for the public transportation purpose of constructing and maintaining a multi-use pedestrian and bicycle pathway. cI- SO RESOLVED this L day of ;J~,2005. A. Max Bacon, Mayor / '-;r (j ( Ji . Y.Smith,. ard 5 ;:t ~'- Wade S. Lnenicka, Ward 6 -- /----::z,,~ I_A ~/ - Ron Newcomb, Ward 2 ~ ~7ff~ III Scoggins, Wa ~&uM Charles Pete Wood, \Vard 7 Attest: <' / ,r' .J I ..,,_..~./ :' / / {,'~ ~ /^\.../ / .I; '; , . , . )' /' "L.. -~ ,'...:...:::..;.. {j /:::-:~~'..J// \ /'. /' L- (2"" . L Susan D. Hiott, City Clerk '- ~ ORDINANCE ANNEXING PROPERTY INTO THE CITY OF SMYRNA - Ordinance Number Land Lot 632 Acres 2.093 2005-37 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 November 7, 2005 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 ofthe area to be annexed and of the citizens ofthe 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 ofthe City of Smyrna, this November, 2005. fl ~ A. Max Bacon, Mayor q1 .'~D. S san D. Hiott, City Clerk City of Smyrna ~ - j--~ Scott A. Cochran, City Attorney City of Smyrna Ordinance #2005-37 Exhibit A page 1 North Parcel- Overall Le2al Description - Property Line Description All that tract or parcel of land lying and being in Land Lot 632 of the 1 th District 2nd Section of Cobb County, Georgia and being more particularly described as follows: Beginning at the intersection of Land Lots 593, 594,631, 632 thence South 89 degrees 02 minutes 32 seconds East, 18.98 feet to a point; thence North 02 degrees 24 minutes 20 seconds West, 499.87 feet to a point; said point being the POINT OF BEGINNING; thence North 02 degrees 26 minutes 12 seconds West, 159.20 feet to a point; thence North 87 degrees 14 minutes 40 seconds East, 189.19 feet to a point; thence South 01 degrees 25 minutes 17 seconds East, 158.05 feet to a point; thence South 86 degrees 52 minutes 43 seconds West, 186.40 feet to a point; said point being the POINT OF BEGINNING; Said tract or parcel of land contains 0.68 acres. - - Ordinance #2005-37 Exhibit A page 2 - fulrin2 Street South Parcel- Overall Le2:al Description Property Line Description All that tract or parcel of land lying and being in Land Lot 632 of the 17th District 2nd Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of Land Lots 593,594, 631,632 thence South 89 degrees 02 minutes 32 seconds East, 18.98 feet to a point; said point being the POINT OF BEGINNING; thence North 02 degrees 24 minutes 20 seconds West, 339.23 feet to a point; thence North 87 degrees 11 minutes 21 seconds East, 182.24 feet to a point; thence South 00 degrees 53 minutes 17 seconds East, 9.72 feet to a point; thence South 02 degrees 24 minutes 20 seconds East, 110.49 feet to a point; thence South 01 degrees 46 minutes 00 seconds East, 220.08 feet to a point; thence South 87 degrees 31 minutes 03 seconds West, 179.52 feet to a point; said point being the POINT OF BEGINNING; - Said tract or parcel of land contains 1.413 acres. - -J ,~ w -., '-' W ..J~ ....z Ow 0> <w ~ U) o o N ~ OW LLt/) 0< W ~ __I t/)O-! 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