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Neighbors, East Cobb Civic Association oppose Hero Farms' request to use Chimney Springs common area for pop‑up meat market; commission recommends denial
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Summary
Hero Farms Cooperative sought a temporary land‑use permit to sell frozen, packaged meat at a Chimney Springs common area. Neighbors and the East Cobb Civic Association opposed the request citing precedent, traffic, noise and loss of residential character; the commission voted 4‑0 to recommend denial.
Hero Farms Cooperative applied for a temporary land‑use permit (LUP4) to operate a pop‑up market selling frozen, prepackaged meats in a Chimney Springs subdivision common area. Applicant Thomas Fernandez, who said he lives in Chimney Springs and operates a Georgia‑licensed mobile meat business supplying restaurants and university campuses, told the commission the market began after neighbors asked for local access to his farm products and that his operation holds USDA inspections and a mobile meat license.
The East Cobb Civic Association (ECCA) and several Chimney Springs residents urged denial. Richard Grom, ECCA case manager, said the association sees the request as “larger than whether the neighborhood wants this applicant” because approving a permit for a non‑home‑based business in a residential common area would set a precedent allowing commercial uses in subdivision clubhouses and parking lots. Grom listed concerns including increased traffic (he cited “up to 25 additional cars”), refrigerated truck noise, signage and the possibility of nonresident traffic entering the subdivision.
Homeowner Michelle Hutchinson, a former Chimney Springs HOA board chair, told the commission approval would undercut long‑standing efforts to preserve the subdivision’s natural character and could expose the HOA to liability in a foodborne illness event. Hutchinson also said the applicant had posted the subdivision address on his website and that banners had been placed at subdivision entrances, which she said would increase nonresident traffic.
Marsha Goldstein, another resident, said Chimney Springs’ recorded covenants designate the contested parking area as common property and that the covenants and easements do not contemplate commercial use of that space.
Applicant Thomas Fernandez said his business was awarded a USDA grant to help farms sell direct to consumers and that his operation could limit frequency or change vehicle types to comply with weight limits. Fernandez told the commission his customers had responded positively and that he could reduce frequency to a festival model if required. He said he had initially operated without realizing a Cobb County land‑use permit was required and that a zoning officer informed him in November that a permit was needed.
Commission discussion and outcome Commissioners and staff focused on precedent, parking, and residential character. Commissioner Beloyne said commercial activity is not appropriate in residential areas and distinguished ice cream trucks (which primarily serve people already on site) from a vendor that draws additional traffic into a subdivision. After discussion, the commission voted 4‑0 to recommend denial of the permit.
Ending The commission’s recommendation will be reflected in the record forwarded to the appropriate decision authority. The transcript records opposition from the HOA and ECCA and applicant comments about alternatives (less frequent events or home delivery) but contains no indication the commission approved any conditional or reduced permit.
