Past Zoning Cases
 
April 2010

Event Facility on Veterans at Henderson (Z-11)
Status:
  • Applicant:Solar Financial, LLC
  • Zoning Request:  R-20 to CRC
  • Land Use Plan Category: Industrial Compatible
  • Size of Parcel: 5.60 acres
  • Variances:  none
  • Date of Planning Board Hearing:  April 6, 2010
  • Planning Commission Action: 
  • Date of Board of Commissioners Hearing:  April 20, 2010
  • Board of Commissioners Action:
  • Other information:  Proposal to build a wedding reception/event facility.
  • MIC Position:  MIC is working with the applicant to get more details and develop agreeable stipulations.  Areas for concern include parking, historic preservation and impacts to streams on the property.

Modular Classroom as part of a Daycare (LUP-9)
Status:  Withdrawn
  • Applicant:Ravella Conrad
  • Zoning Request:  Land Use Permit for a modular classroom
  • Land Use Plan Category: Community Activity Center
  • Size of Parcel: 0.56 acres
  • Variances:  none
  • Date of Planning Board Hearing:  April 6, 2010
  • Planning Commission Action: 
  • Date of Board of Commissioners Hearing:  April 20, 2010
  • Board of Commissioners Action:
  • Other information:  Proposal to allow a modular classroom building on the site.  The modular building in question has been on the site for several years.  The applicant needs this permit to expand their building in order to grow their business.
  • MIC Position:  MIC is neutral. 

Site Plan for new Publix at E-W Connector and Hick Road (Other Business)
Status:
  • Applicant: Merganser Enterprises
  • Zoning Request:  Revised site plan from office/retail to Publix shopping center.  Zoning is PVC
  • Land Use Plan Category: Community Activity Center
  • Size of Parcel: 0.56 acres
  • Variances:  none
  • Date of Planning Board Hearing:  N/A
  • Planning Commission Action:  N/A
  • Date of Board of Commissioners Hearing:  April 20, 2010
  • Board of Commissioners Action:
  • Other information:  The development is part of Barnes Mill, a mixed use neighborhood.  The proposal significantly alters the proposed site plan and uses at this corner of the neighborhood.
  • MIC Position:  MIC is working the homeowners of Barnes Mill and the applicant to address corcerns regarding traffic, landscaping, architecture and the scope of the changes.

March 2010
No Cases

February 2010

Personal Care Home on Vonda Lane (LUP-5)
Status: Approved
  • Applicant:St. Benedict PCH
  • Zoning Request:  Personal Care Home for Adult Care for up to 8 residents.
  • Land Use Plan Category: Low Density Residential
  • Size of Parcel: 0.63 acres
  • Variances:  none
  • Date of Planning Commission Hearing:  February 2, 2010
  • Planning Commission Action:  Approved
  • Date of Board of Commissioners Hearing:  February 16, 2010
  • Board of Commissioners Action: Approved
  • Other information:  Proposal to allow for care of up to 8 adults in a home in a residential area.
  • MIC Position:  MIC is neutral.  The property owner is asking for a permit to expand the number of people allowed in the home, which has been operating for some time.  MIC is not aware of any problems this has caused with the surrounding neighbors.

January 2010

Commercial on Oakdale Road, across from Oakdale Bluffs (Smyrna Z10-001)
Status: Approved
  • Applicant:Chris and Elizabeth Nelson
  • Zoning Request:  Residential to General Commercial
  • Land Use Plan Category: Community Activity Center
  • Size of Parcel: 3.50 acres
  • Variances:  none
  • Date of Planning & Zoning Hearing:  January 11, 2010
  • Planning Commission Action:  Approved
  • Date of Mayor and Council Hearing:  February 15, 2010
  • Board of Commissioners Action: Approved
  • Other information:  Proposal to revert existing residential property back to commercial.
  • MIC Position:  MIC is neutral.  The property owner has agreed to clean up and repair portions of the property to improve the aesthetics, particularly from Oakdale Road.  MIC is concerned about a commercial use entirely surrounded by residential.

December 2009

Restaurant on Floyd Road, north of Silver Comet (Z-34)
Status: Withdrawn
  • Applicant:Van Neal
  • Zoning Request:  R-20 to NRC
  • Land Use Plan Category: Low Density Residential
  • Size of Parcel: 1.103 acres
  • Variances:  none
  • Date of Planning Board Hearing:  December 1, 2009
  • Planning Commission Action:  N/A
  • Date of Board of Commissioners Hearing:  December 15, 2009
  • Board of Commissioners Action: N/A
  • Other information:  Proposal to convert existing home into a restaurant on property just south of Floyd Station subdivision.
  • MIC Position:  MIC is opposed.  The property is currently zoned residential and is surrounded entirely by residential property, so this proposal is out of place.  MIC does not believe parking can be adequately addressed on the property without impacting neighbors and has concerns about access to and from Floyd Road.

November 2009

Daycare in residential property in Grayson Point subdivision (LUP-29)
Status: Approved
  • Applicant:DeAngela M. Clay
  • Zoning Request:  Land Use Permit to operate daycare
  • Land Use Plan Category: Medium Density Residential
  • Size of Parcel: 0.2 acres
  • Variances:  none
  • Date of Planning Board Hearing:  November 3, 2009
  • Planning Commission Action:  Approved
  • Date of Board of Commissioners Hearing:  November 17, 2009
  • Board of Commissioners Action: Approved
  • Other information:  Proposal to expand existing in-home daycare for children to a maximum of 12.
  • MIC Position:  MIC is neutral.  We understand there is some support from neighbors for this application, however we are concerned about this setting a precedent.October 2009

Accessory Building in setback on Discovery Blvd(V-82)
Status: Approved
  • Applicant:Stafford Transport, Inc.
  • Zoning Request:  Waive front setback from 75' to 50'
  • Land Use Plan Category: Industrial
  • Size of Parcel: 5 acres
  • Date of Variance Board Hearing:  October 14, 2009
  • Planning Commission Action:  Approved
  • MIC Position:  MIC coordinated efforts between applicant and residents of Legacy at the River Line to limit noise coming from the property.

Cell Phone Tower at Gordon Village Shopping Center (SLUP-12)
Status: Withdrawn
  • Applicant:T-Mobile South, LLC
  • Zoning Request:  Special Land Use Permit for a Cell Phone Tower
  • Land Use Plan Category: Community Activity Center
  • Size of Parcel: 7.1 acres
  • Variances:  none
  • Date of Planning Board Hearing:  October 6, 2009
  • Planning Commission Action:  N/A
  • Date of Board of Commissioners Hearing:  October 20, 2009
  • Board of Commissioners Action: N/A
  • Other information:  Proposed 150 foot tall cell phone tower behind the existing shopping center
  • MIC Position:  None taken

September 2009
No Cases

August 2009

Veterans Memorial at Buckner Road (Z-24)
Status: Approved by Board of Commissioners on 8/18
  • Applicant:William Gillan
  • Zoning Request:  GC, NRC and R-20 to NRC
  • Land Use Plan Category: Neighborhood Activity Center, Community Activiy Center and Medium Density Residential
  • Size of Parcel: 4.23 acres
  • Variances:  none
  • Date of Planning Board Hearing:  August 4, 2009
  • Planning Commission Action:  Recommended Approval
  • Date of Board of Commissioners Hearing:  August 18, 2009
  • Board of Commissioners Action: Approved
  • Other information:  New shopping center and/or office space on the NW corner of this intersection.
  • MIC Position:  MIC was neutral in this case after the applicant agreed to our requested stipulations.

July 2009

South Gordon at Factory Shoals (Z-20)
Status: Approved by Board of Commissioners on 7/21
  • Applicant:JDH Capital LLC
  • Zoning Request:  R-20 to NRC
  • Land Use Plan Category: Neighborhood Activity Center and Low Density Residential
  • Size of Parcel: 6.62 acres
  • Variances:  none
  • Date of Planning Board Hearing:  July 7, 2009
  • Planning Commission Action:  Recommended Approval
  • Date of Board of Commissioners Hearing:  July 21, 2009
  • Board of Commissioners Action: Approved
  • Other information:  New shopping center on the NW corner of this intersection that will include a Food Lion grocery store.
  • MIC Position:  MIC is supporting this application.  The applicant has agreed to everything MIC has requested and we believe a grocery store at this location will be a benefit to the community.

June 2009

Mableton Parkway at Queensferry Drive (Z-16)
Status: Approved by Board of Commissioners on 7/21 (Continued from 6/2 Planning Commission Meeting)
  • Applicant:Cross Street Services, Inc.
  • Zoning Request:  R-20 to LI
  • Land Use Plan Category: Industrial Compatible
  • Size of Parcel: .91 acres
  • Variances:  none
  • Date of Planning Board Hearing:  July 7, 2009
  • Planning Commission Action: Recommended Approval
  • Date of Board of Commissioners Hearing:  July 21, 2009
  • Board of Commissioners Action: Approved
  • Other information:  Additional property for a previously zoned truck terminal to provide direct access to Mableton Parkway
  • MIC Position:  MIC is opposed this application.  The applicant has recently been issued a notice of violation for improperly parking trucks and in MIC's opinion is not meeting the standards of the original zoning from 2005.

May 2009

Old Powder Springs at Old Bankhead (Z-13)
Status: Approved by Board of Commissioners on 7/21 (continued by Planning Commission from 5/5 and Board of Commissioners on 6/16)
  • Applicant: E & E Capital, Inc.
  • Zoning Request:  GC, LRO and R-20 to GC
  • Land Use Plan Category: Community Activity Center
  • Size of Parcel: .976 acres
  • Variances:  none
  • Date of Planning Board Hearing:  June 2, 2009
  • Planning Commission Action:  Recommended Approval
  • Date of Board of Commissioners Hearing:  July 21, 2009
  • Board of Commissioners Action: Approved
  • Other information:  Applicant plans to keep two existing buildings as well as construct a new 10,000 SF building on the property
  • MIC Position:  The applicant has agreed to the normal commercial stipulations, MIC will be neutral on this case.

Riverview Road, just inside I-285 (SLUP-6)
Status: Denied by the Board of Commissioners on 8/18
  • Applicant: S & S Investment Company
  • Zoning Request:  Special Land Use Permit to operate recycling transfer station
  • Land Use Plan Category:  Industrial
  • Size of Parcel: 6.95 acres
  • Variances:  none
  • Date of Planning Board Hearing:  August 4, 2009
  • Planning Commission Action:  Recommended Denial
  • Date of Board of Commissioners Hearing:  August 18, 2009
  • Board of Commissioners Action: Denied
  • Other information:  Applicant plans to develop the property for a recycling center and waster transfer station.
  • MIC Position:  MIC opposed this application due to the high number of trucks proposed and the potential impact to the Chattahoochee River.

Arpil 2009
No Cases

March 2009
No Cases

February 2009
No Cases

January 2009
No Cases

December 2008

Daycare at Veterans and Club Drive (Z-57)
Status: Approved with Stipulations
  • Applicant: Learning Ladder, LLC
  • Zoning Request:  CRC from LI
  • Land Use Plan Category:  Community Activity Center
  • Size of Parcel: 1.69 acres
  • Variances:  possible rear landscape buffer (35' to 25')
  • Date of Planning Board Hearing:  December 2, 2008
  • Planning Commission Action:  Approved with stipulations
  • Date of City Council Hearing:  December 16, 2008
  • Board of Commissioners Action: Approved with stipulations
  • Other information:  Applicant plans to develop site as a Growing Room daycare center.  Site has previously been rezoned for daycre, but reverted to current light industrial zoning.
  • MIC Position:  MIC was neutral in this case after working with the developer to come up with stipulations for the property.

November 2008
No Cases

October 2008
No Cases

September 2008

Racetrac Gas Station at Veterans and Oakdale (Smyrna Z08-005)
Will include annexation to City of Smyrna
Status: Approved by Smyrna City Council with Stipulations
  • Applicant: Racetrac Petroleum
  • Zoning Request:  Neighborhood Shopping
  • Land Use Plan Category:  Community Activity Center
  • Size of Parcel: 6.883 acres
  • Variances:  rear and front building setbacks
  • Date of Planning Board Hearing:  July 14, 2008
  • Planning Commission Action:  Approved with stipulations
  • Date of City Council Hearing:  September 2, 2008
  • Board of Commissioners Action: Approved with stipulations
  • Other information:  Applicant plans to develop gas station and convenience store on corner property.  Adjacent property will remain undeveloped.
  • MIC Position:  MIC opposed this application because of the large setback variances requested (50' to 9' in the rear, 50' to 40' in the front) that put most of the building and canopy in the setback, and the apparent lack of room to replace enough trees on the property to meet the tree ordinance.  The overall plan for the building looks very nice, but MIC is concerned about the precedent this will set for future developments.

August 2008
No Cases

July 2008

Floyd Road across from Floyd Middle School (Z-31)
Status: Withdrawn - MIC Opposed
  • Applicant: Aishwarya, Inc. 770-333-8914
  • Zoning Request:  CRC and LI for Retail and Self Storage
  • Land Use Plan Category:  Low Density Residential
  • Size of Parcel: 2.866 acres
  • Variances:  none
  • Date of Planning Commission Hearing:  July 1, 2008
  • Planning Commission Action: 
  • Date of Board of Commissioners Hearing:  July 15, 2008
  • Board of Commissioners Action:
  • Other information:  Applicant plans to develop retail shops along Floyd Road with self storage located behind.  Retail shops would include the office for the self storage business and a sign shop with the rest to be determined later. 
  • MIC Position:  MIC opposed this case due to concerns about commercial development encroaching into a residential portion of Floyd Road.

Gordon Village Shopping Center - Mableton Parkway (Z-32/SLUP-8)
Status: Withdrawn - MIC Opposed
  • Applicant: Wendy Butler 770-814-4257
  • Zoning Request:  GC for Flea Market and other uses
  • Land Use Plan Category:  Community Activity Center
  • Size of Parcel: 7.98 acres
  • Variances:  none
  • Date of Planning Commission Hearing:  July 1, 2008
  • Planning Commission Action: 
  • Date of Board of Commissioners Hearing:  July 15, 2008
  • Board of Commissioners Action:
  • Other information:  Applicant wishes to use the old Winn Dixie and Fred's location as a flea market designed to help entrepenuers starts their own businesses.  Retailers would lease space on a monthly basis to sell merchandise.  Most merchandise would be new or of new quality.. 
  • MIC Position:  MIC is opposing this case based on concerns regarding the type of business proposed (Flea Market), the very broad zoning classificaiton requested and the sizeable amount of opposition we've heard from the community regarding this case.

June 2008

Mableton Parkway south of Veterans Memorial (Z-27)
Status: Approved with Stipulations
  • Applicant: Enterprise Leasing Company 678-260-2000
  • Zoning Request:  CRC for automobile rental
  • Land Use Plan Category:  Community Activity Center
  • Size of Parcel: 0.63 acres
  • Variances:  none
  • Date of Planning Commission Hearing:  June 3, 2008
  • Planning Commission Action:  Recommend Approval with stipulations
  • Date of Board of Commissioners Hearing:  June 18, 2008
  • Board of Commissioners Action: Approved with stipulations
  • Other information:  Applicant plans to convert existing Blimpies into a Enterprise Rent-A-Car facility.  Only cars would be rented, no trucks.  Applicant has agreed to repair and repaint the existing building.  The current Enterprise on Mableton Parkway near Hunnicut will be closed.
  • MIC Position:  MIC suggested several additional stipulations, including removing the pole mounted sign and replacing it with a more modern monument style.  These stipulations have been included with the zoning and MIC is neutral.


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