FACTS MATTER
THE QUESTION FOR WALDEN RESIDENTS
Do you want an Alderman with Walden’s best interest at heart or an Alderman with LOP, LLC’s best interest at heart?
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IMPORTANT FACTS AND BACKGROUND INFORMATION
(Scroll Down for Timeline of Events)
No application for any commercial or town center has been submitted in Vice Mayor Schmidt’s term.
At the time of the following events, Southeast Capital Partners (“Developer”) was under contract to purchase the Lines Orchids property from the owner, LOP, LLC.
For the sake of clarity, here is the list of people and entities involved at the time of the following events:
LOP, LLC: A Limited Liability Corporation whose members have taken great lengths to remain anonymous and own the Lines Orchids property.
Stewart Bush: Spokesperson for LOP, LLC.
Rudy Walldorf: Commercial Real Estate Broker, brokering the sale of the Lines Orchids property.
Colin Johnson: VP RaganSmith and Walden resident, working with LOP and the “developer.”
John Argo: Representative for Southeast Capital Partners, an Atlanta-based development company, otherwise known as the “developer.”
Kirby Yost: Attorney with Chambliss, Bahner & Stophel, P.C., representing the “developer.”
Joshua Crowfoot: Attorney representing LOP, LLC and Petitioners for Ouster.
Common Ground: An Urban Design Company hired by The Town of Walden to develop the town’s Land Use Plan.
Keith Covington: An urban designer, planner, and architect with Common Ground.
TIMELINE
August 9, 2022:
The Board, comprised of the Mayor and Aldermen, unanimously voted in favor of Resolution 2022-565, which included a maximum of 15,000 square feet for Town Center Mixed Use.
“Mayor Lee Davis introduced proposed Resolution #2022-565. Mayor Lee Davis stated that with the Land Use Plan, we are trying to create some flexibility to accommodate responsible growth in the future.” Town Hall Meeting Minutes 8-9-2022
“Buildings or structures with a footprint greater than 5,000 square feet, but equal to or less than 15,000 square feet.” Resolution #2022-565 - Section 4.05 (page 12)
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August 9, 2022, Town Hall Meeting Minutes
September 1, 2022
The RPA was requested to review changes to the Town’s Zoning Ordinance as recommended by the Walden Land Use Committee and Common Ground (including a 15,000-square-foot maximum).
“The Land Use Committee, in conjunction with Common Ground, have recommended certain changes to the Town's Zoning Ordinance.” Letter to The Hamilton County Regional Planning Agency (RPA)
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Letter to Hamilton County Regional Planning Agency (RPA)
October 25, 2022
Walden creates their own Planning Commission.
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August 23, 2023
Vice Mayor Schmidt speaks with developer John Argo.
John Argo and Rudy Walldorf attended the Roads & Safety Committee Meeting.
Vice Mayor Schmidt asked developer John Argo if it is possible to build a 15,000-square-foot Publix. He replied yes, as long as it does not include a pharmacy.
Vice Mayor Schmidt supports a grocery store if the development is in accordance with the Land Use plan that the citizens created.
Click for Supporting Documents:
Roads & Safety Committee Agenda 8-8-2023
Photo of John Argo speaking at Roads & Safety Committee Meeting
October 17, 2023
The Board of Mayor and Alderman discuss and vote on a 15,000 square foot maximum in the Town Center Mixed-Use zoning.
*Please note that neither the Board nor the Planning Commission has ever voted on a DEVELOPMENT. The ONLY issue voted on was regarding zoning regulations.
The recommendation from the Walden Planning Commission included NO square footage cap. “Any building with uses permitted in the TC-MU zone or uses permitted by Special Use Permit that has a building footprint of greater than 5,000 sq. ft.” Ord. 2023-359
Vice Mayor Schmidt “noted that a majority of the citizens who gave their opinion want the square-footage cap restored.” Town Hall Meeting Minutes 10-17-2023
“Alderwoman Angela Cassidy stated that she appreciates all viewpoints relative to the zoning ordinance. However, she noted that 42 of the 45 letters submitted to the Board supported the square-footage cap. Town Hall Meeting Minutes 10-17-2023
After considering her constituents, Vice Mayor Schmidt moved to approve the Ordinance with the return of the 15,000 square footage cap. The motion was passed with a 2 to 1 vote.
Click for Supporting documents:
Ordinance 2023-359 Amending the Existing Walden Zoning Ordinance see page15
October 17, 2023, Town Hall Meeting Minutes
Video of October 17th Town Hall Meeting
Community Opinions on 15,000 Square Foot Maximum
October 18, 2023
Lou Ziebold Resigns
Lou Ziebold resigned from the Walden Planning Commission on October 18.
During his nine-month service, he attended six meetings, missing May, August, and October.
Click for Supporting documents:
Lou Ziebold’s Resignation Letter
November 10, 2023
Attacks on Vice Mayor Schmidt begin.
Using a pro-grocery store FB page, supporters of the developer started a public attack on Lizzy. They posted her personal cell phone number online, encouraged folks to call, and urged her to change her vote.
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November 14, 2023
Second discussion by the Board of Mayor and Alderman on a 15,000 square foot maximum in the Town Center Mixed-Use zoning.
The Walden Planning Commission recommended a 30,000-square-foot cap with a limit of two buildings of this size on any property zoned Town Center. Town Hall Meeting Minutes 11-14-2023
“Vice Mayor Lizzy Schmidt said she was open for discussion but wanted to reiterate her position on her motion with the amendment from October. Discussion among the Board members ensued. Vice Mayor Lizzy Schmidt reiterated her concerns about buildings over 15,000 square feet. These include environmental issues, sewage concerns, and the fact that a majority of resident comments received were in favor of a square-footage cap. Vice Mayor Schmidt further noted that the Land Use Plan (LUP) focuses on "small to medium-size buildings" in Walden, and she does not feel that a 30,000 square-foot building is small or medium.” Town Hall Meeting Minutes 11-14-2023
Alderwoman Angela Cassidy noted her agreement with Vice Mayor Schmidt's comments, and that she feels the LUP must be followed. Since last month, Alderwoman Cassidy has counted 76 emails on this topic, and 47 of those emails (62%) want a 15,000 square-foot cap.” Town Hall Meeting Minutes 11-14-2023
Among the emails referenced by Alderwoman Cassidy was one from Tatia Willingham Hicks, one of Vice Mayor Schmidt’s 15 cousins. In her email, she strongly supports NO CAP.
Vice Mayor Schmidt based her vote on the following:
30,000 square feet did not meet the “small to medium” size building as stated in the Land Use Plan
The majority of resident comments are in favor of a 15,000-foot cap
Environmental issues
Sewage issues
Traffic issues
*Please note that neither the Board nor the Planning Commission has ever voted on a DEVELOPMENT. The ONLY issue voted on was regarding zoning regulations.
Click for Supporting documents:
November 14, 2023, Town Hall Meeting Minutes
Video November 14, 2023, Town Hall Meeting
Community emails are available for viewing at Town Hall upon request.
January 2024
Vice Mayor Schmidt continued to be attacked.
On January 22nd, LOP, LLC sued Vice Mayor Schmidt for $12,000,000.00 using Attorney Joshua Crowfoot.
January 24th, a Petition for Ouster was filed against Vice Mayor Schmidt. The Petitioners, represented by Joshua Crowfoot, were:
Claim Of Suits
“Lizzie Schmidt has a financial interest in the fixed rent and the percentage rent generated by LMIC's lease with Pruett's Market, located at 1210 Taft Highway, Signal Mountain.”
February 6, 2024
Attorney Sam Elliott refused to prosecute, stating, “the suit is untrue, the suit is frivolous…”
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Both cases were dropped immediately after the plaintiffs were asked to answer questions under oath.
April 2, 2024
PETITIONERS DROP OUSTER.
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April 26, 2024
LOP, LLC DROPS LAWSUIT.
Voluntary Dismissal of Complaint
The second question for Walden Residents is:
Who are the members of LOP, LLC.?