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County to hold condemnation hearing, vote
by Noreen Cochran
November 04, 2013 06:28 PM | 2278 views | 0 0 comments | 8 8 recommendations | email to a friend | print
The Fulton County Board of Commissioners is set to vote in a special called meeting Wednesday at 6 p.m. whether to exercise eminent domain for a transportation construction project.

According to a memo by Facilities and Transportation Services Director David L. Ricks, three lots are needed to complete the Buffington Road sidewalk, roadway and drainage improvement project between Roosevelt and Royal South parkways approved in 2012.

“The Land Division has successfully acquired 38 of the 42 parcels of real estate required for this project and only three parcels remain unsettled,” he said.

“The owners of the remaining unsettled parcels have been non-responsive despite numerous attempts and much effort to contact them, thereby necessitating the use of the power of eminent domain in order to keep this project on schedule.”

The addresses are 5851, 5585 and 5565 Buffington Road owned by Buffington Enterprises of Alpharetta, Patricia Jean Mathis of College Park and Shonquis T. Adams of Atlanta.

This does not mean the owners will never get paid for their property, valued by the county tax assessor’s office at $995,000, $50,800 and $69,300, respectively.

“Once the condemnation proceedings have been filed, and should the opportunity for settlement between the parties develop, the Fulton County land administrator, with the advice of the legal department, is hereby authorized to enter into settlement negotiations and/or settle the condemnation proceedings,” the proposed resolution states.

At their 10 a.m. meeting Wednesday, commissioners will also decide zoning cases, including whether the Kroger grocery chain can install a gas station at its Cascade Road location in south Fulton.

The county planning and community services staff recommended denial of two Cascade Corners Shopping Center site plan revision applications by Eyvonne H. Johnson for Atlanta Cascade Corners and Al Daughtry for Kroger Food Stores to replace about two dozen parking spaces with a gas station.

According to a letter of intent, the applicants said the fueling center will create up to three more jobs “with corresponding benefits as well as opportunities for personal advancement throughout the company.”

However, staff recommended denial because a 25-space reduction in parking caused by the 14 fuel pumps will leave 345 spaces on a nearly 11-acre property zoned for 349.

In other business, Commissioner William “Bill” Edwards will present a resolution asking the Fulton County school board to reconsider its recent decision to move the school system’s central office to Sandy Springs by June 2015.

“The Fulton County board of education made this decision without soliciting input from the communities and families that are served by, and will be directly impacted by, this administrative reorganization,” the resolution states, “and [it] has stated that this relocation is a financial decision, without any apparent analysis of the educational impacts that may result from this relocation of personnel who are ultimately responsible for the performance of the entire school system.”

In a statement released after its Oct. 15 vote, the school board said the 2010 census shows the center of student population has shifted from south Fulton to Sandy Springs.

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