[0:00] A little background on this property.
[0:03] In 2007, this these properties were
[0:06] resied
[0:17] for a GC general commercial zoning
[0:19] district with 26,000
[0:23] retail.
[0:26] In 2021,
[0:29] The applicant came before council and
[0:32] had property resc,000
[0:43] square feet of commercial and restaurant
[0:45] space.
[0:47] The applicant is now requesting to amend
[0:49] that site plan and zoning conditions
[0:53] of C21-014
[0:55] for the development of 45 town homes in
[1:00] foot drive restaurant
[1:03] rather than reverting to the original GC
[1:06] zoning district. Uh staff is
[1:10] recommending
[1:12] maintaining the existing mixeduse
[1:15] additional zoning district rather than
[1:18] reverting to DC as that would allow over
[1:21] 100 plus uses that would not be
[1:25] appropriate in this area.
[1:28] This is the site plan that was approved
[1:30] in 2021.
[1:35] There was a four five story multif
[1:38] family building with a parking deck and
[1:41] that had 163 units 25 units per acre
[1:48] and there was 20,49
[1:51] square ft of commercial and restaurant
[1:53] space.
[1:58] I'll go over the proposed site plan
[2:04] on the left side is 45 town home units
[2:10] maintain
[2:14] rear setbacks. There's a side set back
[2:17] on
[2:22] setback reduction.
[2:27] 45
[2:29] simple town homes rather than the rental
[2:32] multif family that was proposed before
[2:37] units on the side will be front entry
[2:42] units facing Oakdale and will be
[2:47] facing a
[2:52] green space.
[2:55] There's underground storm water
[2:57] detention proposed in that area
[3:02] along South Drive. There's a full access
[3:04] drive
[3:08] and then there's access drive
[3:15] the sidewalk sidewalk
[3:19] around the whole properting
[3:32] the setbacks already approved for the
[3:35] previous plan.
[3:41] It's a drive-thru restaurant
[3:43] 5,023
[3:45] ft.
[3:50] There's a detached canopy over
[4:00] storm water detention.
[4:04] Full access
[4:10] on South
[4:17] Oak Road. There will be a 10 landscape
[4:19] buffer street trees
[4:24] that are needed. And then to the town
[4:27] homes, there will be a buffer
[4:40] right.
[4:44] All the improvements on South Drive will
[4:46] be reviewed and approved by GOT
[4:50] Department of Transportation
[4:53] and any transportation improvements that
[4:56] are within the county's jurisdiction
[4:58] will be approved by the county
[5:01] land.
[5:06] There are five variances.
[5:09] One is to allow reduction
[5:12] setback
[5:14] 25 to 12 ft. Two is to allow a drive
[5:18] through restaurant in the zoning
[5:20] district.
[5:22] Three is to allow drive through
[5:23] facilities and queuing lanes be located
[5:26] between the restaurant and the adjacent
[5:28] street.
[5:30] Four is to allow an additional accessory
[5:32] structure for
[5:34] camping and five is to allow a garbage
[5:37] dumpster.
[5:40] However, it will have a closure and will
[5:42] be
[5:45] These are some conceptual elevations of
[5:47] the town.
[5:55] And this is elevations for the
[5:57] restaurant
[6:12] is Recommending approval of the zoning
[6:14] amendment to revise the site plan
[6:16] elevation
[6:20] zoning district
[6:22] 45
[6:24] unit acre 53
[6:29] drive following conditions
[6:32] conditions
[6:35] requiring underground utilities
[6:38] burning of construction debris
[6:42] They will meet our tree ordinance and
[6:43] landscape plans.
[6:46] Special conditions regarding setbacks.
[6:57] They will have to meet all fire access
[6:59] requirements,
[7:00] water sewer
[7:02] improvements, and storm water
[7:04] improvements.
[7:08] Have a foot sidewalk. external
[7:12] sidewalks.
[7:14] 15. They will have to receive approval
[7:16] from GTO.
[7:18] 16 shall not be gated.
[7:25] requires the deceleration lane
[7:31] deceleration property.
[7:50] requires any trees in the sight distance
[7:53] triangles on road.
[7:57] requires a minimum
[8:00] parking spaces combined.
[8:08] Not to require building along the public
[8:12] sidewalk
[8:17] building
[8:22] 31
[8:27] and
[8:30] education
[8:33] 32 is Max
[8:47] 37 and 38 tie this to the site plan
[8:52] with the application.
[8:57] is the variance to allow drive-thru
[9:00] restaurants.
[9:02] 41 is the variance to allowing lanes and
[9:05] drive through facilities.
[9:09] 42 is to allow the additional accessory
[9:12] structure. 43 and 44.
[9:15] 43 is to allow the dumpster
[9:19] be
[9:21] 44. They will be required to replace any
[9:34] 45. They will have to provide
[9:36] documentations of conditions of storm
[9:39] drain systems.
[9:43] landscape buffer
[9:46] external boundaries
[9:49] road
[9:52] 47 any town home elevation visible from
[9:56] a public rightway shall not utilize
[10:02] and that's all I'd be happy to answer
[10:03] any questions
[10:06] >> all right do we have any questions for
[10:07] » all right do we have any questions for
[10:07] Mr.
[10:11] Okay. Thank you, Joey. Well done. All
[10:13] right. This time we like to have the
[10:14] applicant come forward and tell us a
[10:16] little bit about the application.
[10:20] Good evening and welcome.
[10:23] >> Thank you all for the time. My name is
[10:25] » Thank you all for the time. My name is
[10:25] Park Lance. I'm with
[10:27] 1810 Trail is my address. Um, so as Joey
[10:33] mentioned, we are requesting an
[10:35] amendment to our previously approved
[10:37] plan to reduce the density from 163
[10:40] multif family units to 45 units,000
[10:45] retail
[10:47] 5,000 class.
[10:51] So we own this property for a number of
[10:54] years
[10:56] diligently pursued financing and capital
[10:59] markets options and equity options to
[11:01] get the previous
[11:04] way. Unfortunately
[11:08] different
[11:11] markets
[11:14] allowed us to get this project out of
[11:16] the ground. We feel like this this
[11:18] amended plan will allow us to
[11:21] with a project.
[11:36] » Any questions for the applicant?
[11:40] >> Yeah, go ahead.
[11:55] reserve
[12:12] people
[12:13] from the restaurant parking
[12:20] space.
[12:37] allow
[12:40] traffic. I know you might want to
[12:42] connect them with some sort of foot
[12:45] access, but is there anything?
[12:49] >> Right. Right.
[12:50] » Right. Right.
[12:50] >> Yeah, we do. And we do have a home
[12:52] » Yeah, we do. And we do have a home
[12:52] builder that we have discussed with
[12:56] them.
[12:58] We will have
[13:11] Yeah, I don't think
[13:16] into a town home.
[13:22] Just something
[13:41] both sides.
[13:59] » Thank you, Jill. Any other questions?
[14:04] >> All right. Thank you.
[14:05] » All right. Thank you.
[14:05] >> All right. This is a public hearing. At
[14:07] » All right. This is a public hearing. At
[14:07] this time, we'd like to ask if there's
[14:09] anyone in attendance that would like to
[14:10] come forward and speak in favor of or
[14:12] opposition to this application. We just
[14:14] ask that you come forward one at a time.
[14:17] We want to give everybody the
[14:18] opportunity to have their voice heard.
[14:20] Um we do ask that you know we keep the
[14:23] repetitive comments to a um a minimum
[14:27] but we want to hear your voice. So u if
[14:30] you would now
[14:32] come forward.
[14:37] » Good evening and welcome.
[14:41] Thank you for allowing me to speak. My
[14:43] name is Mikey.
[14:45] I'm a property owner of 500311.
[14:57] I'm here tonight to oppose the proposed
[15:00] Chick-fil-A. We all saw the logo. That
[15:03] was Chick-fil-A.
[15:04] And um because of the public safety and
[15:08] neighborhood impact this project would
[15:11] create for people who are living along.
[15:14] Um, this proposal would directly affect
[15:17] approximately 40 long 40 homes along
[15:19] Oakill Road and nearby streets or homes
[15:22] that were not designed to sit next to
[15:24] high intensity, not high density, but
[15:28] drive-thru use.
[15:30] First, it's important to recognize this
[15:32] is not a simple intersection. Oakill
[15:35] Road and South Cop form a fivepoint
[15:37] intersection,
[15:39] which already makes traffic more uh
[15:42] movement more complex and less
[15:43] predictable than a standard four-way
[15:45] intersection.
[15:47] Fivepoint intersections are uncommon in
[15:49] Smyrna. Uh and when the city does have
[15:52] them, they typically require special
[15:54] attention and careful traffic management
[15:56] because of their complexity.
[15:59] Drivers here are already dealing with
[16:01] multiple turning moves, signal phases,
[16:04] and sight line challenges.
[16:07] Couple examples here is as you enter on
[16:09] South Drive to get to Church Road,
[16:12] drivers have to make a semicircle
[16:15] that
[16:17] on Church Road there's no right on red.
[16:21] The reason there's no right on
[16:25] drivers approaching South
[16:27] Church
[16:30] um Chick-fil-A is not a typical fast
[16:32] food restaurant. It's um these locations
[16:35] are well known generating very high
[16:37] traffic volumes, especially in the
[16:38] drive-thru with long lines extending,
[16:41] idling during peak periods. Um, I think
[16:44] that's the case for the current site as
[16:45] well. I mean, that that traffic actually
[16:48] does back up on South Drive at Highland
[16:50] Park as it is. Um, and what concerns me
[16:55] the most is the application includes no
[16:57] traffic impact studies. Uh, no
[17:00] drive-through stacking analysis, no peak
[17:03] hour modeling to show how level of
[17:05] traffic
[17:06] function next to a busy fivepoint
[17:07] intersection.
[17:09] Um the SH plan shows label Q story
[17:12] length but uh doesn't show the measured
[17:15] distance from the intersection curve
[17:17] radius to the drive through entrance
[17:19] itself which is I guess I'd look to be
[17:23] around 125 ft. So as you're entering on
[17:26] the Oak Road, you have to make an
[17:27] immediate
[17:29] entrance.
[17:30] Um the site plan um so there's no clear
[17:34] demonstration that a drive traffic will
[17:36] stay fully on site with cues that won't
[17:38] spill back towards the intersection.
[17:41] U for high volume drive-thru immediately
[17:43] next to a complex intersection. That's a
[17:45] critical that's critical missing
[17:46] information there. U when Chick-fil-A
[17:50] when Chick-fil-A sites get overwhelmed
[17:52] and many do. We've all been there. We've
[17:54] all eaten there. The lines do not stay
[17:56] on the property. They spill into the
[17:58] nearby streets. at five point at a
[18:01] fivepoint intersection. This means
[18:02] sudden stops, block turning movements,
[18:04] and distracted drivers. Um, for the 40
[18:08] households along Oakdale Road, this
[18:10] directly affects their ability to safely
[18:12] enter and exit their neighborhood.
[18:16] Oakdale Road is also part of a local
[18:18] school bus school bus routes. Um, within
[18:21] the proposed development corridor, there
[18:24] are three uh school bus stops along all
[18:27] of Oakdale. seven stops and they all
[18:30] entered through South Cob onto Oakell
[18:32] Road.
[18:35] Um,
[18:36] so buses on the road in the early
[18:38] morning and afternoon hours, the same
[18:39] times as Chick-fil-A experiences heavy
[18:41] demand. The uh school bus times are
[18:44] between 6:30 and 8:30 in the morning, in
[18:46] the afternoon between 2:30 and 4:30.
[18:50] Um, so navigating a fivepoint
[18:52] intersection is already challenging
[18:53] enough for a large bus, adding
[18:55] unpredictable drive-thru traffic.
[18:58] increases for bus drivers and the
[19:00] children. There's no analysis in this
[19:02] application addressing school bus
[19:04] operation or state or student safety.
[19:07] Um to me this is a step backwards but uh
[19:10] I also want to talk about the noise the
[19:12] noise the air quality and the quality of
[19:14] life especially because this proposal
[19:16] removes protections that were previously
[19:17] included on their plans um
[19:21] of a sound wall.
[19:24] In the old site plan, the sign wall was
[19:26] a sound wall was included.
[19:28] On the current plan, there's no sound.
[19:31] Removing the soundwall allows these
[19:33] impacts to reach further into Oakdale
[19:35] Road neighborhoods in the 40 nearby
[19:37] homes. There's also an issue of air
[19:39] quality. Stop and go traffic and idling
[19:43] concentrate exhaust in one location,
[19:46] including fine particulate pollution
[19:48] that is extremely harmful for children,
[19:50] seniors, and people with asthma. These
[19:52] impacts are daily. They're not
[19:53] occasional.
[19:56] Approving um from the planning
[19:58] standpoint, this may reduce parking, but
[20:00] there is more intense use that was
[20:02] previously considered for this site.
[20:04] Yet, it comes with fewer mitigation uh
[20:07] mitigation measures and no supporting
[20:09] studies.
[20:11] So, this is a moving in the wrong
[20:12] direction. Approving this with without
[20:14] solid analysis places the burden on the
[20:17] neighborhood first and ask questions
[20:18] later.
[20:20] And once it's built, these impacts can't
[20:22] cannot be undone.
[20:24] So I respectfully ask the board to deny
[20:27] the application or at least defer it
[20:28] until there's a clear evidence will not
[20:31] compromise safety at the fivepoint
[20:33] intersection disrupt school bus routes
[20:37] or become a daily nuisance for the 40
[20:39] homes along road and until protections
[20:42] like the previously proposed sound wall.
[20:48] Thank you for your time.
[20:49] >> Thank you, Mr.
[20:52] Anybody else?
[21:01] » Good evening and welcome.
[21:03] >> Good evening. My name is Glen Parish.
[21:06] » Good evening. My name is Glen Parish.
[21:06] I've lived off of Oakdale Road in the
[21:08] Oakdale Estates subdivision for almost
[21:12] 20 years now. So, I have a ton of
[21:16] experience with traffic back and so
[21:18] forth on Oakville Road.
[21:22] Mike
[21:24] mentioned briefly how traffic backs up
[21:27] under normal circumstances, but if
[21:29] there's a hiccup somewhere on I85 until
[21:33] you get to the I20 interchange, people
[21:36] bail out on Atlanta Road, cut through
[21:40] West Village,
[21:42] and then come back down Oakdale Road
[21:44] where I've seen cars back up as far as
[21:46] 25 or 30 in depth. It's impossible to
[21:50] make a leftand turn onto road under
[21:53] current circumstances.
[21:56] Having said that, I'm also concerned
[21:59] about the impact of the traffic in the
[22:01] five point intersection. I understand
[22:04] that Cobb County or G do have approved
[22:07] any changes to lanes andor traffic
[22:10] controls.
[22:12] If that's not the case, then I
[22:14] apologize, but that's what I believe at
[22:16] this point in time.
[22:20] The impact
[22:23] is a nuisance to all of us and affects
[22:26] the quality of life for people that have
[22:29] enjoyed living in a somewhat quiet
[22:32] community for a number of years which
[22:35] under these current circumstances if it
[22:37] is allowed would change the complete
[22:40] complex city of that area. And I oppose
[22:45] that and
[22:47] That is all I have to say at this time
[22:50] and would sign up afterwards with our
[22:52] address.
[22:53] >> Yeah, if you could you state your
[22:55] » Yeah, if you could you state your
[22:55] address for the record, please, Mr.
[22:57] Paris.
[22:57] >> 2159.
[23:01] » Thank you very much for that, sir.
[23:03] >> Thank you.
[23:03] » Thank you.
[23:03] >> Yes, sir.
[23:06] » Yes, sir.
[23:06] >> Anybody else?
[23:12] » Good evening and welcome.
[23:13] >> Thank you. Uh I am Amy Schaer and I
[23:15] » Thank you. Uh I am Amy Schaer and I
[23:16] reside 2133 Park Avenue.
[23:18] >> Can Can you say your name again? I'm
[23:19] » Can Can you say your name again? I'm
[23:19] sorry.
[23:20] >> Amy Schaer.
[23:20] » Amy Schaer.
[23:20] >> Amy Schaefer. Thank you.
[23:23] » Amy Schaefer. Thank you.
[23:23] >> And um not to be the point, but I also
[23:27] » And um not to be the point, but I also
[23:27] would like you guys to oppose the um
[23:30] fast food portion of this development um
[23:32] for a few reasons, mostly related to the
[23:35] traffic and the quality of life as a
[23:36] resident who has to drive up and down
[23:38] the Oakville corridor to access my home
[23:41] every day from work. Um the issue that
[23:46] mostly is that replacing the apartments
[23:49] with town houses does reduce the density
[23:51] in theory, but then adding a 5,000 or
[23:54] 5,000 square foot um fast food
[23:56] restaurant of the magnitude of a
[23:59] Chick-fil-A does not negate that density
[24:02] decrease. It actually increases the
[24:03] amount of traffic that will be accessing
[24:06] that fivepoint intersection and Oakdale
[24:08] Road. Um Chick-fil-A is considered a
[24:12] high volume traffic generator by design.
[24:14] They design their to bring extra traffic
[24:16] through and get people through quicker,
[24:18] which brings more people to the
[24:19] restaurant. Um, we estimate from
[24:24] research online, since there hasn't been
[24:26] a traffic study to support this at this
[24:28] intersection, that it will be
[24:29] approximately 2,300 vehicle trips per
[24:32] day is what is used by the IT land use
[24:34] code for fast food restaurants of that
[24:36] size. So, when you add in 23 thou or
[24:39] 2,300 more vehicles in that
[24:41] intersection, there's not capacity for
[24:43] that at this point. and it's going to
[24:45] spill over onto Oakdale. Additionally,
[24:47] when you're adding in a turn on Oakdale
[24:50] that doesn't currently exist, you're
[24:51] going to have two way turning traffic at
[24:53] an intersection that can't accommodate
[24:54] the current traffic that's only going
[24:57] one way and turning onto South K. And
[24:59] now you're adding an additional turn
[25:01] that'll be left and right turning
[25:02] through this backup of Q traffic, which
[25:05] is also going to cause additional
[25:07] traffic nightmares, um, traffic
[25:09] incidents and whatnot. And my
[25:11] understanding, which may be wrong, but
[25:13] my understanding is that previously um
[25:15] Oakdale Road was not allowing commercial
[25:17] development um to have access on Oakdale
[25:21] as evidenced by the dentist office and
[25:23] the surveying offices not having access
[25:25] on Oakdale to their businesses. They
[25:26] only can be accessed from South. So for
[25:29] those reasons, I request that you guys
[25:30] review this and at the very least do
[25:33] request a traffic study before you
[25:34] approve it.
[25:36] >> Thank you, Miss Schaefer. Um and Joey
[25:40] » Thank you, Miss Schaefer. Um and Joey
[25:40] Rusty, y'all correct me if I'm wrong.
[25:42] Uh, at there will be a traffic study
[25:45] done for this project. Is that correct?
[25:50] Is is it am I correct in saying that
[25:57] » the project will be reviewed by the
[25:59] jurisdictions that are in charge of the
[26:01] rightways. So, Cobb County will look at
[26:04] this.
[26:05] >> Tot will review it.
[26:07] » Tot will review it.
[26:07] >> Okay.
[26:07] » Okay.
[26:07] >> The you can talk to the applicant and
[26:09] » The you can talk to the applicant and
[26:10] them for clarification, but I believe
[26:12] they've already started those initial
[26:14] conversations and preliminary meetings
[26:15] with with those jurisdictions to have an
[26:19] idea of what is needed from an
[26:20] improvement standpoint before they get
[26:22] all the way through the process and find
[26:24] out they do something else.
[26:26] >> Right. Right. Okay. So to make this
[26:29] » Right. Right. Okay. So to make this
[26:29] thing a little bit more complicated, we
[26:30] have three ent three uh government
[26:33] involved, right? Um G dot which state
[26:38] obviously Cobb County and the city of
[26:40] Smyrna, right? Um so when we get we're
[26:43] done with the public component part,
[26:45] we'll ask the applicant to come back and
[26:47] and speak to it as much as they can at
[26:49] this point. Um
[26:51] >> and and just from a clarification
[26:53] » and and just from a clarification
[26:53] standpoint,
[26:55] they will not If this gets approved,
[26:57] there will not be the issuance of the
[26:59] development permit until all
[27:02] jurisdictions are satisfied. So, we will
[27:05] not issue a permit for development until
[27:07] we receive approval from
[27:10] >> Got DOT and we receive approval for from
[27:13] » Got DOT and we receive approval for from
[27:13] Cobb County on those portions of
[27:16] development.
[27:17] >> Got it. All right. Thank you. And thank
[27:20] » Got it. All right. Thank you. And thank
[27:20] you guys for letting me take that to
[27:21] just try and try and help with there
[27:24] will be more work done on this plan. Um,
[27:26] so who's next?
[27:35] [snorts]
[27:40] » Good evening and welcome.
[27:43] I would request the council if you can
[27:45] put up on screen.
[27:53] » I don't know if we have that technology
[27:54] available, but will you do me a favor
[27:56] and state your name and address for the
[27:57] record to get started?
[27:58] >> Absolutely. My name is Deborah Stallman
[28:00] » Absolutely. My name is Deborah Stallman
[28:00] Forsman and I live
[28:07] directly across
[28:09] site. Um,
[28:13] >> thank you.
[28:18] » Yeah. Can we can do Do we have this the
[28:20] proposed site plan that we can throw up
[28:22] on the screen?
[28:24] >> Yeah, it's right in front of me.
[28:31] It does exhibit more like a satellite
[28:34] view of it. I don't know how to change
[28:36] it.
[28:52] So, I'd like to address a little bit
[28:54] more of a human element to this that the
[28:59] site plans don't necessarily
[29:02] highlight the fact that the residential
[29:04] area off of Oakdale is single that have
[29:08] been there for decades, almost a
[29:12] century. And building on this street
[29:15] would create where the bus stops are.
[29:19] Okay. Where the site plan is proposed,
[29:22] the
[29:23] drive-thru, which is now a double drive,
[29:26] will be located approximately 30 to 40
[29:29] feet, maybe 50 feet away from bus stops
[29:33] where our children stand. And they stand
[29:36] there in the morning. the highest
[29:38] traffic at a Chick-fil-A, double
[29:40] traffic. And these children may even be
[29:42] tempted to walk across Oakdale so that
[29:44] they could get into the Chick-fil-A and
[29:46] have chicken nuggets. So we are talking
[29:49] about children from elementary, middle
[29:51] school, and high school walking across
[29:53] Oakdale during hightra peak areas as
[29:57] well as traffic trying to get in and out
[29:59] of that area while our kids are standing
[30:01] at their bus stop if they're not trying
[30:03] to get to.
[30:05] I'd like to note that that that's not
[30:07] necessarily being highlighted. I'd like
[30:09] to make sure that's highlighted.
[30:13] That is basically
[30:16] 83% of the parcels. So, six out of eight
[30:20] of the parcels are actually up against
[30:22] bus stops.
[30:23] And I believe that this presents a
[30:25] safety hazard for our children as well
[30:28] as pedestrians in that area. Like to
[30:31] note right here that recently the
[30:34] Silver comet trail was connected to
[30:36] Oakdale which creates a larger
[30:38] pedestrian traffic as well as well as
[30:41] bicyclists. So there are people out
[30:43] there who are walking that are going to
[30:44] be interfering or a part of this high
[30:48] intensity traffic area for a double for
[30:50] the proposed double drive-thru.
[30:57] So I do want to note for the council
[31:01] that this is a plan that I do not
[31:05] want approved. I do oppose it. And that
[31:08] is all I have to say about it. Thank
[31:10] you.
[31:13] >> Thank you.
[31:24] » Good evening and welcome.
[31:25] >> Evening, council.
[31:26] » Evening, council.
[31:26] >> All right. For the record, we're we're
[31:28] » All right. For the record, we're we're
[31:28] the zoning board. The council is a
[31:30] completely different group. They they
[31:32] see me letting you call us counsel. I'll
[31:34] get in trouble later.
[31:36] >> Okay. My name is Kate Shaw. You call me
[31:38] » Okay. My name is Kate Shaw. You call me
[31:38] the walking wounded if you want. I live
[31:41] on Lane. I live two homes down from the
[31:44] proposed site. Um I'd also like to note
[31:47] that this morning I entered into the
[31:49] record a legal memo for review. I have
[31:52] additional comments that I won't bore
[31:56] you with repeating everything that's in
[31:57] that legal memo. Um but I do want to
[32:02] I remain concerned that the planning
[32:05] commission is being asked to approve a
[32:06] defective commercial resoning based on
[32:10] staff variances.
[32:13] I remain concerned that this is not a
[32:15] zoning amendment
[32:17] but rather a functional reasoning
[32:20] to high intensity commercial use.
[32:24] I previously shared safety concerns
[32:27] about the school bus stop which is
[32:29] directly ent to the order taking portion
[32:33] of the drive-thru lane.
[32:37] An assessment of child pedestrian safety
[32:40] or bus route safety was not addressed in
[32:43] the planning memo. Despite my concerns,
[32:48] I believe that evaluation of those
[32:51] safety facts are required and that the
[32:54] risk of child pedestrian safety adjacent
[32:57] to a drive-thru
[32:59] rest on your shoulders as well.
[33:05] In referencing the applicant statement
[33:09] and the staff memo, I'd like to also
[33:14] look at exhibit B. And in the response
[33:17] to question one, I'd like to note that
[33:20] describing these parcels as being
[33:22] adjacent to commercial town homes and
[33:26] multif family is a bit of a
[33:29] mischaracterization.
[33:31] If you look along these five parcels on
[33:33] the east,
[33:35] you look at the bottom of that
[33:36] triangular piece
[33:39] where all those trees are 40 homes.
[33:43] Misty Lane is 20 homes. Oakdale is 20
[33:46] homes. And if you do the math on these
[33:49] parcels, you will find that 83% of the
[33:54] but single family residential.
[33:57] This project is being characterized as
[33:59] the South
[34:01] commercial.
[34:02] It's a residential.
[34:08] In question three, the applicant and
[34:11] staff
[34:12] comment on reasonable use, making many
[34:15] comments about market conditions and
[34:17] economic use.
[34:21] The city record reflects that recently
[34:24] proposals were reviewed for a 250 multif
[34:26] family unit, a three to four living
[34:32] market conditions are no different for
[34:34] this site and other recent proposals you
[34:36] have.
[34:39] This amendment stems from an economic
[34:41] preference of the developer only.
[34:44] Economic preferences do not
[34:48] constitute reasons to approve
[34:50] amendments.
[34:55] Section four,
[34:57] a burden on streets
[35:01] may be repetitive to
[35:04] it may be repetitive to address this
[35:06] again as I think that some of the other
[35:08] neighbors have already commented on it.
[35:11] Um
[35:12] I would add that uh in the staff memo it
[35:15] does not say anywhere that it's subject
[35:17] to Cobb County approval. It also doesn't
[35:19] mention the Cobb Department of
[35:20] Education. also doesn't address any of
[35:23] the bus stops and whether or not um Cobb
[35:26] County has been contacted. I myself
[35:29] contacted Georgia and Cob County not
[35:32] long ago and they had not heard of this
[35:34] proposal. The developer may have to
[35:42] in regards to future land use.
[35:47] This is zone CAC.
[35:51] medium intensity.
[35:53] I think no question exists about whether
[35:55] double drive through Chick-fil-A
[35:57] constitutes high intensity use. This is
[36:00] fundamentally incompatible with the 2040
[36:03] future land use.
[36:07] Policy number six of CAC states
[36:10] transition scale and intensity is
[36:12] expected between the central CAC uses
[36:15] and surrounding lower intensity
[36:17] neighborhoods.
[36:19] No transition exists. We have
[36:22] no mitigation exists. We have trees 40
[36:26] ft apart. None of those mit
[36:30] according to CAC policy number six.
[36:36] With regards to the memo number six,
[36:40] both developer and staff claim that this
[36:43] is actually reduction in density
[36:46] when I think that it's already been
[36:48] spoken to that the true metric
[36:50] is trips per day and traffic intensity.
[36:58] Respectfully,
[37:00] kicking the responsibility of safety
[37:03] studies to other jurisdictions or other
[37:06] departments.
[37:09] It allows this project to move forward
[37:11] and shifts the risk to the children, the
[37:14] homeowners,
[37:16] and does not guarantee
[37:19] the mayor and council do not have the
[37:21] ability to enforce once it's passed that
[37:26] the applicant seeks a commercial
[37:27] drive-thru use. I believe the
[37:30] appropriate path is a commercial
[37:32] resoning.
[37:34] I respectfully request to recommend
[37:36] denial or at a minimum to send us back
[37:39] through the proper reasoning process
[37:42] rather than approving functionally
[37:45] commercialing
[37:47] through SAP varian.
[37:50] >> Thank you so much for your time.
[37:52] » Thank you so much for your time.
[37:52] >> Thank you Michelle. Anybody else?
[38:05] Good evening and welcome.
[38:08] » My name is Walt Robu. I live at 2150
[38:12] Oakdale Estates Court.
[38:15] I've lived here [clears throat] for 20
[38:17] years
[38:19] and I can tell you right now when you
[38:23] try to drive on Oakdale Road
[38:27] heading towards the light on South Cobb
[38:30] Drive between 4 and 6:00, you're going
[38:34] to sit in that lane for four light
[38:37] changes before you could even reach
[38:39] where my house is because of the
[38:41] traffic. And we don't have anything
[38:43] there now but trees.
[38:46] You start running people through there
[38:49] going to Chick-fil-A and believe me,
[38:51] they're popular. You're going to have a
[38:54] problem that's going to be out of this
[38:55] world.
[38:57] So, you really need to consider that
[38:59] when you're looking at this. That's the
[39:01] big problem. And it's been brought up
[39:03] about the children and the buses. That's
[39:06] all part of it, too. But not even
[39:08] counting that. Just trying to get home
[39:10] at that time.
[39:12] It's a chore.
[39:15] So, please don't forget that.
[39:20] » Thank you, Mr. Robu. Did Did he state
[39:21] his address? Okay, got it. Anybody else?
[39:32] Hey, we prefer quality of content over
[39:34] volume. I promise. Like, you guys have
[39:37] done a great job. You've been very
[39:38] civil. We totally appreciate it. We're
[39:40] all neighbors, right? We're all here
[39:42] because we want Smyrna to be a better
[39:43] place and you got a you got a a stake in
[39:46] that claim, right? So, if that's all the
[39:50] neighbors that want to speak, I'm going
[39:51] to call it call the public hearing at
[39:53] 6:46.
[39:55] As far as the public hearing component
[39:58] in my meetings, I like to balance it out
[40:00] as much as possible. Anytime we have a
[40:02] disparity where the applicant speaks for
[40:04] two or three minutes and we have, you
[40:05] know, 15, 20 minutes of public comment,
[40:07] I want to give them an opportunity to
[40:08] answer any questions. All right? So, at
[40:10] this time, I'm going to let the
[40:12] applicant come back and see if they can
[40:14] address and allay any of the fears,
[40:15] concerns uh of of the neighbors.
[40:19] [snorts]
[40:21] And if you ever watch one of my
[40:22] meetings, I don't don't suggest it. I
[40:25] try to do this every time. So, this is
[40:27] not something special for the
[40:30] >> Welcome back.
[40:31] » Welcome back.
[40:31] >> Yeah. Thanks again. So, a couple things
[40:40] But um we have
[40:44] Joe's comment we have reached out
[40:50] to channels to make sure.
[40:58] So that process will take place
[41:05] but all
[41:08] distances
[41:11] that has been addressed. I know there
[41:13] was a comment
[41:17] for us
[41:35] facing commercial site that has
[41:40] foundh
[41:58] standpoint. So
[42:00] I guess the only other thing on the
[42:03] screening and
[42:10] Chick-fil-A. I will say that Chick-fil-A
[42:19] along there.
[42:28] I'm sure
[42:34] all comments
[42:40] I appreciate that, Mr.
[42:49] » Good evening and welcome.
[42:51] >> Good evening, Mr. Chairman, members of
[42:53] » Good evening, Mr. Chairman, members of
[42:53] the of the commission. My name is David
[42:55] Kirk. I'm an attorney practicing at the
[42:59] firm of Ch Pepper Lock 600 Peach Tree
[43:01] Street [snorts] Northeast in Atlanta
[43:04] here representing Chick-fil-A. Um I'm
[43:08] not the technical expert, so if you have
[43:10] technical questions, we have we have a
[43:12] bunch of folks here who know a lot more
[43:14] about that than than I do. Um let me
[43:19] speak to just a couple of things. Uh
[43:21] first, you have a great staff. They have
[43:25] looked at this very carefully. They've
[43:27] looked at your plan. They find it's
[43:30] consistent with your plan. They find
[43:34] that it meets all the criteria for
[43:36] approval. And I would strongly suggest
[43:40] that you rely on your staff uh and their
[43:43] work uh and approve this. Uh second with
[43:49] regard to the concerns about uh traffic
[43:53] uh and this being a double drive through
[43:55] and therefore would have more traffic
[43:57] and more impact uh on Oakdale Road.
[44:01] That's actually the exact opposite of
[44:04] what this is intended to do. The current
[44:07] uh Chick-fil-A has a single drive-thru
[44:10] if I'm not mistaken. The operator is
[44:12] here so he can answer that more detail
[44:15] if you want.
[44:17] this design, the proposed site plan that
[44:20] you have before you tonight effectively
[44:23] triples that the ability to have
[44:26] cars on the site. So that will eliminate
[44:31] likely eliminate the uh any sort of
[44:33] backup into the site beyond the
[44:35] drive-thru and certainly onto
[44:37] neighboring streets.
[44:39] In addition, there's a new Chick-fil-A
[44:41] that has recently opened uh on is it
[44:44] Mapleton Road
[44:46] in Mapleton, which will
[44:50] somewhat reduce the demand,
[44:52] take the pressure off this this
[44:54] particular site. So, I would
[44:57] respectfully suggest that this in fact
[44:59] will
[45:01] the design will keep traffic on site,
[45:05] allow for much more efficient use of
[45:10] Um
[45:14] there was a mention of landscaping.
[45:16] Certainly we can work with staff to
[45:19] enhance the landscaping along road
[45:24] that would be helpful. They believe it
[45:25] would be helpful. Uh and as Mr. Martin
[45:29] pointed out with regard to coordination
[45:32] with Georgia DOT
[45:35] Kendra who's our expert here uh has had
[45:39] those preliminary discussions with them.
[45:42] If you have specific questions about
[45:43] that I'm going to have to defer to her
[45:46] but again the staff has looked at this
[45:49] very carefully. This is effectively
[45:53] it's essentially
[45:55] has the effect of a down going
[45:59] 163
[46:01] residential units to about a quarter of
[46:03] that. We're going from 20,000 square
[46:06] feet of retail and restaurant space to
[46:09] again about a quarter of that. So I
[46:12] would respectfully suggest that in fact
[46:15] reduce the intensity and reduce the
[46:17] impact properties. Thank you very much.
[46:21] If you have any questions for the team
[46:23] again we have whole range of experts
[46:26] here.
[46:26] >> Gotcha. Thanks so much for skirt. If
[46:28] » Gotcha. Thanks so much for skirt. If
[46:28] anybody else wants to add anything,
[46:30] feel free.
[46:39] » Good evening and welcome.
[46:40] >> Good evening. Thank you all for your
[46:42] » Good evening. Thank you all for your
[46:42] time. My name is Kendra Lewis. My
[46:45] address is 220 East Central Parkway.
[46:51] [snorts]
[46:52] Came
[46:54] to be here tonight. Um, so the only
[46:58] additional things that I wanted to add
[47:00] um was that the south co drive entrance
[47:04] will likely be the primary entrance that
[47:08] most vehicles will be at least entering
[47:11] the site. Um and then um as mentioned um
[47:17] the traffic study was a big point of
[47:20] concern and there there is at least a
[47:23] preliminary study that has done so that
[47:27] was taken into consideration
[47:34] which included those deceleration lanes
[47:37] to assist traffic um [clears throat]
[47:41] as Mr. already mentioned the um the
[47:45] drive-thru stacking from the existing
[47:48] store down the street
[47:53] only.
[47:55] So this drive is
[47:59] not only um does it hold more about the
[48:03] amount um it's from
[48:09] where you know many of you
[48:13] and seeing the drive just continue to
[48:15] wrap around the building and then
[48:18] prevents
[48:20] you
[48:22] in general. So that's also this design
[48:26] addresses that with an isolated
[48:31] um
[48:52] » Thank you so Sure.
[48:55] Miss Lewis, you mind if get one question
[48:57] out of you?
[49:20] One jurisdiction.
[49:34] Has there been any discussion?
[49:38] to this
[49:39] homeowners
[49:50] proposing more.
[50:35] Someone trying to
[50:37] concerns of the homeless
[50:47] homes.
[50:56] Not allowing
[51:01] everybody who wants to go
[51:06] try to
[51:10] speak.
[51:27] » Yeah, that's a great question and um
[51:31] there's been some minor discuss Of
[51:35] course I believe would be to have full
[51:39] access on on both roads. Um and as you
[51:43] mentioned yes there are multiple
[51:45] agencies. So um Georgia Department of
[51:48] Transportation has jurisdiction over
[51:50] South
[52:00] um and then Mr. Sts mentioned Oakdale
[52:06] Roads jurisdiction is a combination of
[52:10] um city jurisdiction and county
[52:11] jurisdiction. So once we get past this
[52:15] initial planning phase um then we would
[52:18] get into the nittygritty of the civil
[52:22] engineering plans and I think that's
[52:24] when more discusser
[52:32] design
[52:36] I believe from what I'm hearing you're
[52:37] proposing right
[53:00] schools.
[53:05] finally
[53:19] take.
[53:28] » Thank you, Jill. Thank you, Kendra.
[53:32] All right, we're going to go ahead and
[53:33] close it off now. That gives about 25
[53:37] minutes to the public hearing and
[53:39] another
[53:41] 12 or so um from the for the applicant.
[53:45] All right. Um at this time, I'd like to
[53:48] entertain a motion.
[53:55] I'd like to make a motion to approve
[53:57] Z25-015
[54:00] as presented.
[54:02] >> And motion to approve, Mr. Carter. Do I
[54:04] » And motion to approve, Mr. Carter. Do I
[54:04] have a second?
[54:08] » I second that.
[54:10] >> I got a second from Ian.
[54:13] » I got a second from Ian.
[54:13] [snorts]
[54:14] Uh, all in favor of the motion, please
[54:18] vote.
[54:26] Really? So [snorts] the
[54:29] the motion is approved three to two. Is
[54:32] that right?
[54:35] Earl, did you vote?
[54:38] Okay, Earl's an A. Jill's an A. So we
[54:42] have an approval three to two. [snorts]
[54:46] Sorry, guys. I'm slow counting up here,
[54:48] especially when I'm having to go back
[54:49] and forth. Um clearly there's, you know,
[54:52] some work to be done on this. I do
[54:54] appreciate you guys um all your patience
[54:58] and and u professionalism.
[55:01] We live in a world that's devoid of that
[55:04] far too often. [snorts] Um the next item
[55:07] on our agenda is the approval. Is uh Mr.
[55:11] Phillips or Mr. Howard still here?
[55:16] » Hold on.
[55:16] >> Mr. Mayor, can I just reiterate that
[55:18] » Mr. Mayor, can I just reiterate that
[55:18] mayor and council meeting is February
[55:20] 16th. That will be a final vote. This is
[55:23] a recommendation.
[55:24] >> Yes. The final the final uh vote will be
[55:27] » Yes. The final the final uh vote will be
[55:27] uh May 16th. Uh
[55:30] oh Jesus. February 16, 2026.
[55:34] [snorts] Um in this chamber. Thank you.
[55:38] All right. I'd like a motion to approve
[55:40] the minutes as presented.
[55:43] We had a motion. Mr. Rice to have a
[55:45] second.
[55:47] Second. Uh, and this is going to be a
[55:50] fun one.
[55:51] Vote to approve the minutes. You guys
[55:53] are going to have to abstain.
[55:55] Abstain. So, we have a motion to approve
[55:58] 402.
[56:00] That's a vote we've never had before.
[56:02] All right. Um, as a matter of um, well,
[56:06] not even there's no procedure associated
[56:08] with it. Uh, this this application was
[56:10] in Ward 7. Um recently, [snorts]
[56:14] um Henriette Estraga, who has served
[56:17] here, uh for many years, uh fantastic
[56:21] member of this commission, uh did an
[56:23] excellent job, uh of studying what we
[56:27] were working on, visiting the sites.
[56:29] She's not here tonight because she is
[56:31] being replaced, but as a public record,
[56:35] I want to thank her for her time here. U
[56:38] she did an excellent job and she will be
[56:40] sorely missed.
[56:42] Um there is one other thing that I want
[56:44] to uh well one I want to thank Ian and
[56:47] Jeff. There are new members. Welcome
[56:49] tonight. You got your your bath of fire.
[56:52] Um
[56:54] not all meetings are this civil and
[56:56] that's a credit to you guys. Uh so
[56:58] welcome to the commission and uh thank
[57:00] you for your service. And then finally
[57:03] um [snorts]
[57:05] uh city has had a a rough week. Uh we
[57:08] mourn the loss of a good friend and a
[57:11] great steward of our city. Um Eric
[57:14] Randall, the public works director who
[57:16] passed away on uh Wednesday. [snorts] Um
[57:20] he will be sorely missed and thoughts
[57:22] and prayers to his uh his family. With
[57:25] that, are there any other comments?
[57:28] All right, the meeting is called at
[57:29] 7:03.
[57:42] Jeff's replacement.