Search Tags<J & H Property Leasing, LLC, GC, Delk Road, Powers Ferry Road, Carwash, Light Auto Servicing and Billboard>

J & H Property Leasing, LLC, 678-910-6900, represented by Mark Houston, 678-910-6900, requests a Rezoning from GC to CRC for a carwash, light auto servicing and a billboard.

Located at the southwest intersection of Delk Road and Powers Ferry Road, District 17, Landlot 925, Parcel 31 & 43.

Size of tract is: .817 acres

Current zoning:  GC

Contiguous zoning is:  North: GC; East: GC; West: GC; South: Marietta

Future Land Use: Community Activity Center

Case Manager: Eric Jacobsen

Planning Commissioner: Mike Terry

District Commissioner: Bob Ott

Proposed Use: Carwash, Light Auto Servicing and a Billboard

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Approve subject to additional conditions

ECCA recommends : While we believe this business will be an asset to the community, we have some concerns about some of the items and propose that the following stipulations be added:

• The proposed Electronic Off Premise Sign and On Premise Sign must comply with all Cobb County Ordinances.

• A Stipulation be included that the egress from the site to Powers Ferry Road be limited to right turn only, with appropriate signage.

• The sitelines between the location of the on premise sign at the corner of Delk Road and Powers Ferry Road and the location of the egress to Powers Ferry Road to be approved by the DOT.

• As the applicant does not have plans on doing light automotive repair at this time, that this item be eliminated from the current applicant. If the applicant wants to consider this in the future, it can be brought back as an Other Business Item before the Board of Commissioners

• If the subject property is determined to be undevelopable for the purposes sought by Fast Trac Car Wash2, LLC, and J&H Property Leasing 2, LLC. Merchants Investmnent Group, Inc, or if for any reason, the closing on the subject property does not take place or development does not commence within twenty four (24) months from the date of a successful rezoning of same, then, in such event(s) the zoning classification of the the subject property shall revert to its original classification of GC.

Planning Commissioners Action: Approved 4-1 subject to:

• site plan received by the Zoning Division 10/20/10 with the District Commissioner approving minor modifications (on file in the Zoning Division)
• letter of agreeable conditions, including submitted attachments to the letter, form Mr. Mark Houston dated 11/20/10 (on file in the Zoning Division) with the following changes under the heading: Stipulations Applicable to the Overall Development:
• Item 1- delete the words “light automotive servicing, repair from the first sentence”, and add to end of the paragraph: “should the Applicant desire to ad light automotive servicing in the future, Applicant to seek approval from the board of Commissioners thought an Other Business Item.”
• Item 5-delete paragraph in its entirety
• Add Item 15-“Vehicles exiting from subject property south onto Powers Ferry Road will be restricted to right-out only; and vehicles exiting subject property for access to Delk Rd/I-75 turn lanes will be restricted to left-out only. Appropriate signage indicating this restriction to be clearly displayed with placement of sign and wording to be approved in Plan Review.”
• Add Item 16-“Waiver of minimum 500 ft. residential distance requirement for the electronic billboard, distance to be approved in Plan Review.”
• Add Item 17 – “Cobb DOT to verify that the dumpster and monument sign location do not block view of the intersection.”
• Add Item 18 – “If the property is deemed undevelopable for this use, and construction does not commence within twenty-four months from the date of the final BOC zoning decision, the zoning classification will revert to the original zoning classification with no further action required by Cobb County.”
• Add Item 19 – “All signage on the subject property must comply with county ordinances and regulations ) except for billboard distance requirement listed above).”
• Staff comments when not in conflict with the above.

Board of Commissioners Action (Dec):  Continued

Board of Commissioners Action (Feb 2011): Approved 5-0 subject to the stipulation letter dated 1/19/ 11 with the following changes:

• Paragraph 1-remove the words light automotive
• Paragraphs 2 & 3 – except for the two variances granted for the off premise sign, all other on and off premise signs will comply with the Cobb County Code.
• Paragraphs 7 & 8 – require approval of the Cobb County Arborist and separate agreements with the county
• Paragraph 10 – For a two sided sign only. The tower will also have the lettering removed.
• Paragraph 13 – requires a separate agreement with the county

Subject to site plan, elevations and staff comments