Cobb Planning Commission votes to hold Terrell Mill Towne Center rezoning case

Terrell Mill Towne Center
The Terrell Mill Towne Center, proposed as a major boost for the Powers Ferry corridor, has drawn strong and mixed reaction from nearby residents.

After nearly two hours of discussion that included heated opposition from residents in a nearby townhome complex, the Cobb Planning Commission on Tuesday voted to hold the long-delayed rezoning request for the proposed Terrell Mill Towne Center.

By a 3-2 vote, the Planning Commission—which is an advisory board to the Cobb Board of Commissioners—requested more time to sort out a major, complex application that was filed in January.

Traffic and density issues were the primary concerns raised by Thea Powell, Galt Porter and Skip Gunther, the three planning board members who opposed the proposal to rezone nearly 23 acres at Powers Ferry Road and Terrell Mill Road. The mixed-use project, which would be anchored by a Kroger superstore, was to have gone before Cobb commissioners Dec. 19.

The latest delay will push back a formal vote until at least February, since Cobb zoning cases are not heard in January.

The $200 million Terrell Mill Towne Center (agenda packet item) also would also contain restaurants, retail shops, and most controversially, a 310-unit luxury apartment complex abutting the Salem Ridge townhomes on Terrell Mill Road.

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Cobb Planning Commission Chairman Mike Terry of East Cobb, who represents District 2, where the Terrell Mill Towne Center would be located, was in strong support of the development by Eden Rock Real Estate Partners. So was Judy Williams of District 3 in Northeast Cobb, who said the project “would be good for the neighborhood, but will have to be tweaked.”

While the Powers Ferry Corridor Alliance—formerly known as the Terrell Mill Community Association—overwhelmingly supported the rezoning, Salem Ridge homeowners expressed strong opposition, especially to the residential component they say is excessively dense for the area.

“Why do we have [zoning] codes at all if we are going to ignore them?” asked Amy Patricio, who represented the opposing Salem Ridge residents.

She argued that the multiple variances requested by developers amounted to “taking the code and rewriting it to serve their purposes.”

Although Terry and Garvis Sams, the attorney for the developers, pointed out that the full proposal is suitable under the Cobb future land use plan and Power Ferry Master Plan, it was the residential component and a self-storage facility that opponents objected to the most.

In particular, Patricio said the UC zoning category sought for the apartments—Urban Condominium—was far more dense than should be allowed, and that there were an “egregious” number of variances as part of the project.

Porter, of South Cobb, agreed about the density issue, pointing to the project’s proposed 60 units an acre, as compared to the current nearby maximum of five units an acre.

“This just doesn’t match Salem Ridge or anything else around here,” he said, calling it “the definition of spot zoning.”

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Tiny, older Bermuda Drive neighborhood puts up East Cobb density fight

Bermuda Drive neighborhood
The front portion of residential property at Lower Roswell Road and Bermuda Drive that’s up for higher density rezoning. (East Cobb News photos by Wendy Parker)

Tucked away on a cul-de-sac street off Lower Roswell Road, not far from the clatter of the East Cobb Pipeline Project and featuring some lush and ample residential elbow room, lies the Bermuda Drive neighborhood.

More formally it’s known as the Carter subdivision, named after the homebuilder who constructed nine ranch-style homes on big lots in the early 1960s. This was just before East Cobb went from rural to suburban, and as developers were still maintaining something of a pastoral atmosphere for new properties.

Several residents have been there nearly as long as the subdivision (located just across Lower Roswell from Holy Family Catholic Church), and some are related to one another. To say that the Bermuda Drive neighborhood is a tight-knit one is an understatement.

“It’s a community, not just a street,” said Elaine Dover, who’s lived in her home on Bermuda Drive for 44 years.

Yet like many East Cobb neighborhoods, Bermuda Drive isn’t immune to a rapid, explosive new wave of residential building that emphasizes density over just about anything else. When a 2.172-acre tract of land at the entrance to her community was proposed for rezoning, Dover and her neighbors were concerned.

Bermuda Drive neighborhood
R-15 communities are nearby, but not contiguous, to the Bermuda Drive neighborhood.

The rezoning (here’s the agenda item information) is being sought by Rabin Dayani, an established developer in the area. He wants to change the current R-20 zoning to R-15 to build five two-story homes on the land.

Dayani wants not only bigger houses (with a minimum of 2,500 square feet) than what’s on Bermuda Drive, they also would be on higher density land than what’s nearby. He could build four homes on the land under the present zoning category, which would have been fine with the Bermuda Drive neighborhood.

According to the Cobb zoning staff (which is recommending denial), the land was initially zoned for two lots in 1959.

When Dover and others spoke in opposition to the rezoning Tuesday before the Cobb Planning Commission, they used word “precedent” often. It’s a word that has come up frequently in recent East Cobb zoning cases, as residents have seen higher-density many residential and commercial projects proposed near their communities. Some have been approved, others have not, but in so many cases, the battle that’s being fought is quite often over precedent.

Even if it’s a difference over one house, as is the case in the Bermuda Drive neighborhood.

Bermuda Drive neighborhood
Developer’s rendering of five homes with access to Bermuda Drive. Current zoning would allow up to four homes.

“We feel it will set a precedent in this area,” said Jill Flamm of the East Cobb Civic Association, who also spoke in opposition before the planning commission. “R-20 is suitable for new development in this area.”

Dover submitted a petition to the planning commission, saying that reducing density from R-20 would open up the Bermuda Drive neighborhood “to a negative precedent.”

The planning commission—which is an advisory board appointed by the Cobb Board of Commissioners—agreed, and voted to deny Dayani’s proposal by a 5-0 vote. Mike Terry, the planning commission chairman who represents District 2 in East Cobb, said at first he didn’t think the rezoning would draw much opposition. But he heard plenty from Bermuda Drive homeowners, and read excerpts from e-mails he’s received.

Terry said the neighbors aren’t anti-growth, but favor “smart” growth that complies with the land use plan and isn’t dramatically out of step with existing residences.

“They’re not saying don’t build here, but let’s leave the current zoning and build four quality homes,” Terry said. “I think four will be fine, but five is out of character. We need to protect the character of the neighborhood.”

Terry encouraged Dayani to revise his proposal before before Cobb commissioners have the final say on Oct. 17.

Bermuda Drive neighborhood
The back lot area along Bermuda Drive.

Lidl Grocery East Cobb proposal rejected by commissioners

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.