Cobb Board of Commissioners

Lidl Grocery East Cobb proposal rejected by commissioners

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A long-delayed site plan amendment by Lidl Grocery to convert the Park 12 Cobb theater into a supermarket was voted down Tuesday by the Cobb Board of Commissioners.

At their monthly zoning hearing, the commission voted 4-1 to turn down the application by the German-based grocer to build a store on Gordy Parkway at Shallowford Road, site of the cinema, in a case that received heavy community opposition. Park 12 Cobb, Lidl Grocery

“This use is too intense for this location,” said commissioner JoAnn Birrell, whose District 3 includes the theater location, which is close to three subdivisions and several parks as well as Lassiter High School.

She also cited traffic and crash data analysis in moving to deny the application. The number of accidents in the area—including the busy Shallowford/Sandy Plains intersection—has gone up dramatically in recent years.

Birrell said 42 accidents were recorded there in 2014, 61 in 2015, 82 in 2016 and through May of this year, 26, for a total of 211 accidents.

“Lidl would be better suited in a shopping center [on a major road] than in a standalone location on a two-lane road” that’s the primary point of access for residential communities, she said.

The Cobb zoning staff recommended approval for the grocery plan, which was first presented in May. Lidl attorney Parks Huff maintained that “this is not a difficult decision. This is technically a property rights issue and needs to be approved.”

Commissioner Bob Weatherford was the only vote in favor. While Lidl didn’t need rezoning, chairman Mike Boyce wondered why Lidl continued to insist upon a proposal that had such strong opposition (including an active Facebook group): “This one takes the cake.”

JoAnn Birrell
District 3 commissioner JoAnn Birrell. (East Cobb News file photo)

Huff, who said at the outset of the hearing that the application should be “a very routine matter,” claimed that many of those against Lidl’s plans “want to keep the movie theater as much as anything.”

Some in the audience groaned, but traffic and density issues dominated the discussion. Citizens against the Lidl proposal displayed several accident photos while making their remarks.

“We’re not opposed to this as a commercial property,” said Laura Hickman, who lives in the Highland Park neighborhood off Gordy Parkway. A grocery store, she said, “is too intense for this piece of land.” The Lidl proposal also was opposed by the East Cobb Civic Association.

Huff said the number of parking spaces would be reduced from the current 379 spaces  to 187 for the grocery store, and that landscaping and architectural plans would be an improvement from a movie theater. But East Cobb commissioner Bob Ott said the detriments to the proposal have to considered as well as the benefits.

Lidl Grocery
Opponents of the Lidl Grocery plans presented photos of accidents in the vicinity to make their case. (CobbTV screen shot)

“The traffic pictures speak for themselves,” he said.

Some citizens suggested that Lidl look elsewhere for a new site, perhaps at the old Mountain View Elementary School, which is being proposed for mixed-use redevelopment. An application for that property was to have been on the September zoning agenda but has been continued to October.

Vote on Cobb County budget, other commission meetings delayed due to weather

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A final public hearing and vote on the fiscal year 2018 Cobb County government budget was scheduled to take place on Tuesday but is being put on hold because of Tropical Storm Irma.

Cobb government offices are closed Monday and Tuesday (East Cobb News coverage here) due to severe weather.

Shortly after 12 p.m. on Monday, Cobb government announced that Tuesday’s regularly scheduled Cobb Board of Commissioners meeting was being rescheduled for Friday, Sept. 22, at 10 a.m.

Cobb commission chairman Mike Boyce
Cobb commission chairman Mike Boyce.

At that meeting, commissioners will conduct a final public hearing on the budget and vote on final approval. Chairman Mike Boyce is recommending an $890 million spending package, with $405 million coming from the general fund, and no millage rate increases (East Cobb News coverage here and here).

The Sept. 22 meeting also will include a vote on the Cobb 2040 Comprehensive Plan, a road map for suggested future land use and other long-term community growth and development strategies to be submitted to the Atlanta Regional Commission.

The commission’s agenda work session that was to have taken place Monday morning has been rescheduled for Tuesday, Sept. 19, at 3 p.m., following the commission’s monthly zoning hearing (which starts at 9 a.m.)

The commission’s work session also slated for today will take place instead on Monday, Sept. 25, at 1:30 p.m., and will feature additional budget presentations.

All of the board’s meetings will take place in the second floor boardroom of the Cobb BOC Building, 100 Cherokee St., in downtown Marietta.

Despite protests, Birrell defends proposal to close East Cobb Library

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JoAnn Birrell, Cobb Commissioners
JoAnn Birrell—speaking here to a business group last week—says closing the East Cobb Library would reduce duplication of services. (East Cobb News photo by Wendy Parker)

After several East Cobb residents objected to the possibility of closing the East Cobb Library on Tuesday, the Cobb commissioner making the proposal strongly defended her position, and laid out a detailed set of numbers in making her case.

JoAnn Birrell, who represents Northeast Cobb, said at the end of a long Board of Commissioners meeting that “this has never been a personal agenda” but instead addresses what she terms as an issue of duplication of services.

She said she’s proposing the East Cobb Library closure because of the new Sewell Mill Library and Cultural Center that will open before the end of the year, replacing the adjacent East Marietta Library.

The two libraries are located five miles apart on Lower Roswell Road, and carry some expensive operating costs, Birrell said. (That’s also about the same distance between the two East Cobb-area libraries in her district, the Mountain View Regional Library on Sandy Plains Road, and the Gritters branch off Canton Road.)

The East Cobb Library opened in the Parkaire Landing Shopping Center in 2010, after being previously known as the Merchants Walk Library and relocated when that shopping center was redeveloped.

“This is about being a responsible steward of the taxpayers’ money,” Birrell said, reading from a written statement, adding that budget decisions will be made by the board, not one commissioner.

The East Cobb Library closure plans were first made public last Thursday, at a town hall meeting held by East Cobb commissioner Bob Ott, who said Birrell “has been relentless” in proposing the move (East Cobb News coverage here).

Birrell said her proposal “was just one” cost-saving suggestion as the commission was presented last week with a proposed FY 2018 budget of $890 million, including $21.5 million in one-time reserve funding to avoid a property tax increase.

After hearing protests to the closure plan earlier Tuesday at the first formal public hearing on the budget, Birrell said the consolidation of Cobb libraries has been “years in the making,” and referenced the 2011 budget crunch. In the wake of the recession and a steep decline in the Cobb tax digest, then-commission Chairman Tim Lee proposed permanently closing 13 of the 17 county library branches, including East Cobb and East Marietta.

But he backed down after vocal public opposition. While no branches were closed, library hours and staffing levels were reduced.

Most of the funding for the new 8,600-square-foot Sewell Mill library complex, which will include an amphitheater and other cultural arts space, comes from the 2016 Cobb government SPLOST (special local option sales tax) approved by county voters.

Birrell said the new library will have annual staffing and operating costs of roughly $732,000. The East Marietta Library currently costs around $524,000 a year to run, according to her figures.

The East Cobb Library, she said, not only has annual staffing and operating costs estimated at $771,000 a year, but another $263,000 a year, ($21,961 a month) is paid out in lease costs at Parkaire Landing.

For that kind of money, Birrell said, the county “could hire three police officers” as part of a larger recommendation in a recent police chiefs’ report that Cobb add 60 more officers to meet current public safety needs.

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East Cobb zoning cases to be heard by Cobb commissioners

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What follows is a summary of the individual East Cobb cases coming before the Cobb Board of Commissioners Tuesday in their monthly zoning hearing. Here’s an overview of what’s on the agenda and the status of other active cases, including what’s being continued, withdrawn, etc.

Four of the six East Cobb cases are on the consent agenda, which is considered at the start of the meeting.

Two high-profile East Cobb cases listed near the top of the longer agenda summary have been continued to September, and we have mentioned them before: SSP Blue Ridge LLC’s application for a major mixed-use development at Powers Ferry and Terrell Mill Road (Z-12) and Lidl Grocery’s application (OB-016) to turn the Park 12 cinema on Gordy Parkway into a grocery store. Cobb County Government logo

In the case of the latter, Lidl attorney Parks Huff is asking for more time to conduct a traffic study requested by Cobb DOT and that includes school-related traffic counts.

A case that you may see on zoning documents but that was withdrawn without prejudice after the Aug. 3 Planning Commission meeting is the Z-40 application by Saleh Uddin to rezone 0.94 acres on the east side of Terrell Mill Road north of Brookview Road from R-40 to R-20 for two single-family homes.

Here’s what will come before the BOC Tuesday morning, starting at 9 a.m., with links to the individual packet items with the case number:

  • Z-41: JOM Holdings, LLC, seeks rezoning from PSC to CRC for a specialized contractor’s office at 811 Lecroy Drive, near Robinson Road (consent item; staff recommends deletion to NRC with conditions);
  • Z-46: CSP Development, LLC, seeks rezoning from R-30 to R-15 of 8.92 acres at 4494 Wesley Chapel Road, on the south side of Sandy Plains Road (consent item; staff recommends approval with some stipulations);
  • OB-030: Poag Shopping Centers, LLC, seeks a site plan amendment for The Avenue at East Cobb Shopping Center (4475 Roswell Road), for hardscape and landscaping improvements (consent item; staff recommends approval with minor conditions);
  • OB-034: Narden Kaldani seeks a special exception for reduction of lot size at R-20 zoned site at 2650 Roswell Road, east of Hood Road, from 20,000 square feet to 16,401 square feet (consent item);
  • LUP-13: Esther J. Kim and Sung Min Brian Ryu seek a special land use permit for R-20 zoned site at 3746 Wesley Chapel Road, south of Beacon Street, to allow seven chickens. The applicants intend to house the hens in a coop that’s at least 30 feet from all property lines, and are filing due to a code enforcement complaint. The nearby Wesley Hills Homeowners Association has consented to the application, but the staff is recommending denial;
  • OB-028: S & B Investments, Inc., is seeking a site plan and stipulation amendment to build a drivethru window for the Starbucks Coffee location at 31-A Johnson Ferry Road, in front of Paper Mill VIllage, and that would be located on the Paper Mill Road side of the building.

The zoning hearing can be seen on CobbTV (Comcast Channel 23) or streamed live on the Cobb government website

Bells Ferry-Piedmont Road intersection project on Cobb commission agenda

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Bells Ferry Road

The congested Bells Ferry Road intersection at Piedmont Road and Barrett Parkway is scheduled for a proposed improvement project that would include left- and right-hand turn lanes.

The Cobb Board of Commissioners on Tuesday will consider at $2 million funding request to make the changes, which include the following additions:

  • northbound and southbound dual left turn lanes on Bells Ferry Road;
  • a northbound right turn lane on Bells Ferry Road;
  • a westbound right turn lane on Piedmont Road.

The project was approved in the 2005 Cobb SPLOST transportation list, and the low bidder is Acworth-based Glosson Enterprises. The timetable for completion is projected to be a year.

Another East Cobb-related road project on Tuesday’s agenda (here’s the full book) includes approving a $63,700 contract for Excellere Construction to build a sidewalk on the east side of Providence Road, between Providence Corner Drive and Pine Road.

The commission meeting starts at 9 a.m. Tuesday in the 2nd floor meeting room of the Cobb BOC Building, 100 Cherokee St., in downtown Marietta.

Cobb commissioners set public hearing dates for fiscal year 2018 budget

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A contentious process over setting the county property tax millage rate has just ended for the Cobb Board of Commissioners, and a new budget process is about to begin.

The commissioners will hold public hearings as they begin work on the fiscal year 2018 budget, which takes effect Oct. 1.

Mike Boyce, tax millage increase
Cobb Commission chairman Mike Boyce will soon deliver his first budget proposal. (East Cobb News photo by Wendy Parker)

The budget will be formally presented during a special called work session at 8 a.m. on Tuesday, Aug. 15, and public hearings will take place during regular commission meetings at 7 p.m. on Aug. 22 and at 9 a.m. on Sept. 12, the date the budget is expected to be adopted.

All hearings and meetings will take place in the 2nd floor board meeting room in the Cobb BOC building, 100 Cherokee St., downtown Marietta.

The budget proposal will be made available online, in the Cobb finance office, also located at 100 Cherokee St., and at the Cobb Superior Courthouse, 70 Haynes St., also in downtown Marietta.

Last month, the commission voted not to raise the 2017 millage rate, as Chairman Mike Boyce had proposed, after plenty of opposition from residents (see previous East Cobb News coverage here and here.)

The last-minute decision to keep the millage rate the same was engineered by East Cobb commissioner Bob Ott, who is holding his next town hall meeting on Aug. 17 at East Cobb Library.

BREAKING NEWS: Cobb commissioners hold line on 2017 property tax millage rate

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The Cobb Board of Commissioners voted late Tuesday evening to keep the 2017 county government millage rate the same as 2016, instead of raising it, as Chairman Mike Boyce had proposed.

By a 3-2 vote, the commission approved a substitute motion by East Cobb commissioner Bob Ott to keep the overall millage rate at 9.85 mills, instead of going up to 9.98 mills.

East Cobb commissioner JoAnn Birrell and Bob Weatherford voted for Ott’s motion. Boyce and commissioner Lisa Cupid of South Cobb were opposed.

Boyce had wanted a 0.13 mills increase to pay for the fulfillment of the $40 million parks bond referendum approved by Cobb voters in 2008.

Ott’s proposal included diverting budgeted economic development contingency funding the next two years to make up for the difference.

He has been adamantly against a tax increase, and Birrell objected to a hike for several reasons, including the impact on senior citizens.

Boyce, an East Cobb resident in his first year as chairman, and Cupid said the reduction amounts to “kicking the can down the road” for next year’s budget and in the county’s ability to provide a rising level of services he said Cobb citizens have come to expect.

EAST COBB ZONING: Lidl Grocery, Powers Ferry-Terrell Mill cases to be continued

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At their monthly zoning hearing Tuesday morning, the Cobb Board of Commissioners voted to approve Lidl Grocery’s request to continue its rezoning application to redevelop the Park 12 Theatre site (previous ECN post here).

The case will be placed on the August zoning calendar. Another major East Cobb application, filed by SSP Blue Ridge, LLC, for a mixed-used development at Powers Ferry and Terrell Mill roads, has been continued to September by the Cobb zoning staff.

The Blue Ridge proposal is for a 21-acre retail, residential and commercial center stretching from the current location of Brumby Elementary School to the northwest intersection of Powers Ferry and Terrell Mill.

The anchor of the proposed development would a be Kroger Marketplace, replacing the current Kroger store on Powers Ferry at the southwest intersection of Delk Road.

We’ll update this post later with more East Cobb cases from today’s zoning meeting.

Lidl Grocery asks for rezoning continuance until August

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Lidl, the German grocery company that wants to build a store at the site of the Park 12 Theatre on Gordy Parkway in northeast Cobb, has asked for a continuance in its rezoning request until August.

Its application is on Tuesday’s Cobb Board of Commissioners zoning hearing agenda, but the board would have to vote at that meeting whether to grant the delay, since the request came after a deadline for doing so, according to a message issued Friday by District 3 commissioner JoAnn Birrell.

According to a letter sent Thursday by Parks Huff, Lidl’s Marietta-based attorney, the applicant would have to amend its site plan to accommodate a request by the Cobb Architectural Control Committee to have an arborist review tree preservation issues.

If the Lidl rezoning is delayed, it would next be taken up by the commissioners on Aug. 15. Lidl’s proposal for a 35,962-square-foot store, a bit bigger than the cinema facility but with 170 parking spaces—half the total for the movie house—has been opposed by some nearby residents, some of whom started a petition to save the Park 12.

This from petition organizer Abi Hainey, on the Save Park 12 Facebook page, who said another delay could be “a blessing in disguise:”

“If Lidl’s purpose in postponing the hearing is to “wait us out,” they are mistaken. East Cobb is a strong community of people that care and this campaign has made me even more proud to live here. We will not lose steam, in fact, our movement will only get stronger between now and August 15th. Thank you for your continued support!”

Lower Roswell resurfacing expansion, Willeo Creek bridge design approved by Cobb commissioners

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Lower Roswell Road Water Main Project
One-lane traffic on Lower Roswell Road as part of the East Cobb Pipeline Project remains around the bridge over Sope Creek. (East Cobb News photo by Wendy Parker)

Two important road items of interest to East Cobb motorists got the green light Tuesday from the Cobb Board of Commissioners, one immediate and that’s long-term.

The first concerns the repaving along Lower Roswell Road following the completion of the East Cobb Pipeline Project.

The commission approved a change order request to expand an existing repaving project to include the 2.08-mile stretch from Old Canton Road to Indian Hills Parkway, and it won’t cost taxpayers any additional funding.

Instead, the estimated cost of $593,095 will come out of already-approved money (via the 2016 SPLOST) as part of the Cobb DOT’s contract with Baldwin Paving Co., which has been repaving 25-30 roads around the county.

The money is available due to underruns in the overall Baldwin contract, according to Cobb DOT.

“The road when it’s finished will be a great improvement,” East Cobb commissioner Bob Ott said before the 5-0 vote.

In another 5-0 vote, the commission approved an engineering design contract with Gresham Smith and Partners for $483,359 for replacement of the Willeo Road bridge over Willeo Creek. It’s a joint project with the City of Roswell, with each jurisdiction kicking in around $213,900 each. Roswell is spending an additional $55,474 for design work for a multi-use trail boardwalk that will connect to the new bridge.

Multi-use trails along Lower Roswell also reach the Cobb side of the bridge and continue westbound, close to Johnson Ferry Road, where bicycle and pedestrian trails are proposed as part of the Johnson Ferry Urban Design Plan approved in 2011.

 

Loyal Q and Brew liquor waiver to go before Cobb commissioners

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loyal q and brew restaurant
Loyal Q and Brew is opening soon at Parkaire Landing Shopping Center with an ownership group formerly with the Taco Mac chain. (East Cobb News photo by Wendy Parker)

UPDATED 9:33 a.m. Tuesday: This item has been taken off the agenda. Cobb commission chairman Mike Boyce said at the start of today’s meeting that the applicant’s attorney has had a death in the family and is unable to attend. Boyce did not indicate when the matter will be placed back on the agenda.

The owners of a proposed new smokehouse and brewery in East Cobb will have their pouring license application heard Tuesday by the Cobb Board of Commissioners.

The meeting begins at 9 a.m. in the 2nd floor meeting room at the Cobb BOC Building, 100 Cherokee St., downtown Marietta.

Loyal Q and Brew, which is slated to open at Parkaire Landing Shopping Center (next to the Sellars Goodyear store and across from Ted’s Montana Grill), needs a distance waiver from the commission since its location is 440 feet from the the East Cobb Library and 170 feet from nearby residences.

Those distances fall within the range of a county ordinance requiring waivers for alcoholic serving licenses.

The Cobb License Review Board voted 4-0 without community opposition on June 22 to recommend approval of the waiver. In addition to Ted’s, seven other restaurants and the Parkaire Kroger also sell beer and wine, as well as The Wine Shop, a full-service liquor retailer in the same shopping center.

The co-owner of Loyal Q is Susie Addo, formerly part of the Taco Mac partnership. According to the application, Loyal Q would prepare smoked meat products on the premises and serve craft beer, wine and liquor.

The restaurant would employ around 40 people and would be open from 11 a.m. to 10 p.m. Sunday through Thursday and from 11 a.m. to midnight on Friday and Saturday. The application also states the establishment estimates that 70 percent of its revenue will come from food sales, and 30 percent from alcohol sales.

Here’s a link to Tuesday’s full meeting agenda, which includes a public hearing for the 2017 Cobb millage rate.