Archive for Zonings – Past, 2009

Petition Z-18

Search Tags <Leonard E. Burger, Jr., R-20, Pete Shaw Road, Bramblebush Trail, Single-Family Residential and Parking More than Three Vehicle and/or Recreational Vehicles >

Leonard E. Burger, Jr., 404/893-4723, represented by Michael W. Burger, 678/468-8284 requests a rezoning from R-20 to R-40 in order to park more than three vehicle and/or recreational vehicles on the property.

Located on the south side of Pete Shaw Road and west of Bramblebush Trail (3002 Pete Shaw Road);  District 16, Land Lots 262,263, Parcel 7.

Size of tract is 3.5 acres

Current zoning: R-20

Contiguous zoning is:  North: R-80; East: R-20; South: R-15 (Highland Park and the Highlands North subdivisions); West: R-20.

Current land use is Low Density Residential.

Case manager is Tanya Roberts
Planning Commissioner is Christy Trombetti
District Commissioner is Tim Lee

Purpose: Allow Parking of More than Three Vehicle and/or Recreational Vehicles

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends:  Approval 

ECCA position:  No Action

Planning Commission Action:  Approved 5-0

Board of Commissioners Action:  Approved 5-0

Petition Z-21

Search Tags <Darshana and Jayesh T. Sheth, R-20, LRO, Canton Road, Rosedale Drive, Professional Office>

Darshana and Jayesh T. Sheth, 770/951-1565, represented by Jayesh Sheth, 770/951-1565, requests rezoning from R-20 to LRO for a Professional Office.

Property is located on the east side of Canton Road, south of Rosedale Drive (2476 Canton Road); 16th District, Land Lot 637, Parcel 20.

Size of tract is .73 acres

Current zoning: R-20

Contiguous zoning is:

North: PSC; East: R-20 (Marietta-Canton Highway Subdivision; South: LRC; West: GC,

Current land use is Neighborhood Activity Center.

Case manager is Roger Phelps

Planning Commissioner is Christi Trombetti

District Commissioner is Tim Lee

Proposed use:  Professional Offices

The applicant is requesting the LRO zoning for professional offices.  Surrounding properties in use are businesses and professional offices

The hours of operation will be 6:00 a.m. to 11:00p.m Monday through Sunday.

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff Recommendation: Approve.

ECCA position:  No Action

Planning Commission Action: Approved 5-0

Board of Commissioners: Approved 5-0

Petition Z-23

Search Tags <Shallowford, Ltd.., GC, Shallowford Road, Trickum Road, Rezoning of existing shopping center >

Shallowford, Ltd., 404/256-0268, represented by Larry J. Baugh, 404/256-0268 requests a rezoning from GC to NRC for an existing shopping center.

Located on the northwesterly intersection of Shallowford Road and Trickum Road;  District 16, Land Lot 310, Parcel 3.

Size of tract is 2.397 acres

Current zoning: GC

Contiguous zoning is:  North: R-20 (Trickum Heights Subdivision); East: GC; South: NS; West: GC.

Current land use is Neighborhood Activity Center.

Case manager is Tanya Roberts
Planning Commissioner is Christy Trombetti
District Commissioner is Tim Lee

Purpose: Conform to Cobb County’s current zoning criteria

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends:  Approval

ECCA position:  No Action

Planning Commission Action:  Approve 5-0

Board of Commissioners Action:  Approve 4-0

Petition Z-30

Search Tags <S & D Property Holdings, LLC, GC, Canton Road, Jamerson  Road, Light Automotive Repair >

S & D Property Holdings, LLC, 770-652-6871, represented by J. Kevin Moore of Moore, Ingram, Johnson & Steele, LLP, 770-429-1499  requests a rezoning from GC to NRC for Light Automotive Repair.

Located on the west side of Canton Road, south of Jamerson Road (4665 Canton Road);  District 16, Land Lots 85 & 132, Parcel 17.

Size of tract is .64 acres

Current zoning: GC

Contiguous zoning is:  North:GC; East: HI; South: NRC; West: GC.

Current land use is Neighborhood Activity Center.

Case manager is Tanya Roberts
Planning Commissioner is Christy Trombetti
District Commissioner is Tim Lee

Purpose: Light Automotive Repair

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends:  Approval

ECCA position:  No Action

Planning Commission Action: Approved  5-0

Board of Commissioners Action:  Approved 5-0

Petition Z-37, 2008

Search Tags <Cooke Enterprises, GC, O&I, Johnson Ferry Road, Shallowford Road, climate controlled, Self Service Storage Facility, SSSF>
Cooke Enterprises, Inc., 678-797-9797, represented by Garvis Sams, Sams, Larkin & Huff, LLP, 770-422-7016, requests rezoning from GC to O&I for a climate controlled Self Service Storage Facility.
Property is located on the east side of Johnson Ferry Road, south of Shallowford Road (3148 Johnson Ferry Road); 16th District, Land Lots 469 & 470, Parcel 35.
Size of tract is 1.421 acres
Proposed Number of Buildings: 1
Total Square Footage of Development: 100,000 s.f. (formerly 109,525 s.f.)
F.A.R.: 1.62 (formerly 1.77). In a CAC or RAC, maximum floor area ratio is 0.75 for office uses and 0.25 for retail uses (accessory).
Square Footage/Acre: 70,373 (formerly 77,076)
Building footprint: 33,333 s.f. or 76.5% of site
Parking Spaces Required: 34
Parking Spaces Provided: 16
Current zoning: GC
Contiguous zoning is:
North: PSC (Shallowford Falls shopping center);
East: PSC (Shallowford Falls shopping center), CRC (Wal-Mart);
South: LRO (Community Bank of the South), CRC (Wal-Mart));
West: R-20 (Johnson Ferry Estates subdivision).
Current land use is Neighborhood Activity Center.
Case manager is David Hong
Planning Commissioner is Christi Trombetti
District Commissioner is Tim Lee
Proposed use: Climate Controlled Self Service Storage Facility.
The applicant is requesting the O&I zoning district to develop a climate controlled self-service storage facility. The proposed building would have an exterior of all brick, with EFIS accents. The building would contain three stories and have 550 storage units.
The hours of operation will be 8:00 a.m. to 6:00 p.m. Monday through Saturday, and 1:00 p.m. to 6:00 p.m. on Sundays.
The applicant is showing contemporaneous variances which are:
  1. Reduce the required amount of parking spaces from 22 parking spaces to 16 parking spaces;
  2. Reduce the side setback from 15-feet to 10-feet along the south property line;
  3. Reduce the rear setback from 30-feet to 10-feet;
  4. Increase the maximum allowable Floor Area Ratio from 0.75 to 1.62.
Staff Comments:
Staff recommends DENIAL.
A. It is Staff’s opinion that the applicant’s rezoning proposal may permit a use that is suitable in view of the use and development of adjacent and nearby properties. The applicant’s proposal is aesthetically pleasing, and would look like an office building. However, there are not any three story buildings along this portion of Johnson Ferry Road, and Staff is concerned with the four variances being requested (see Planning Comments).
B. It is Staff’s opinion that the applicant’s rezoning proposal may not have an adverse affect on the usability of adjacent or nearby property. Staff is very concerned with the intensity of the applicant’s proposal. Most of the basic zoning criteria ( F.A.R., setbacks, and parking) cannot be met, which indicates this property may be too small to support this proposal.
Staff is concerned that the size building would be out of character with this lower intensity commercial activity center; even the Super Walmart is much smaller than the Super Walmart prototype. 
This level of F.A.R. may set a precedent for other properties in the area.
C. It is Staff’s opinion that the applicant’s rezoning proposal will not result in a use which would cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools. This opinion can be supported by the departmental comments contained in this analysis.
D. It is Staff’s opinion that the applicant’s rezoning proposal is not in conformity with the policy and intent of the Cobb County Comprehensive Plan, which delineates this property to be within a Neighborhood Activity Center. 
The O&I zoning district is intended to be within a Community or Regional Activity Center.
  1. It is Staff’s opinion that there are existing and changing conditions affecting the use and development of the property which give supporting grounds for denying the applicant’s rezoning proposal. The applicant’s proposal does not meet many of the criteria for the OI zoning district, as referenced in the Planning Comments. 
The intensity of the proposal with all the variances may be too much to be supported by Staff. 
The applicant’s proposal is not in accordance with the Cobb County Comprehensive Plan.
ECCA position: OPPOSED:
  • O&I is a non-conforming zoning category in a Neighborhood Activity. The petition should be rejected and no development activity allowed until the land is in a conforming zoning category.
  • The tract is no longer grandfathered as a gas station. It has not operated as a gas station for several years. Since the land is no longer grandfathered, it must conform to all current ordinances including F.A.R. and setbacks.
  • Proposed 3 story structure would be out of character with surrounding properties. The building is more massive than any other building in the NAC.  It has a F.A.R. of 1.61 which greatly exceeds any other building in the NAC.  The local Kroger (48,000 s.f.) and Publix (56,000 s.f.). It is 30% smaller than the Wal-Mart (130,000 s.f.).
  • The building should not be on the perimeter of the shopping center but placed where the impact of the bulk is reduced, in the center or to the rear of the development, following best architectural practices in the NAC,   The large box stores follow this rule and are set well back from the street. This building is right on the street frontage where its bulk will have the maximum effect.
  • The building is too large to fit on the site or in the NAC. The building cannot fit on the site without contemporaneous variances on three of the four sides. The side and rear setbacks must be reduced so the building footprint will fit on the site. If the setback variances are not granted, the 100,000 s.f. building will have to be at least four stories tall.
The northern side setback intrudes into the 50 foot stream buffer by 15 feet.
The southern side setback is reduced from 15 to 10 feet.
The rear setback is reduced from 30 to 10 feet and the stormwater detention facility covers the entire area.
The bank next door believes that the SSSF would be an undesirable neighbor.
According to the latest FEMA map, the entire tract is in a Flood Risk Zone.
  • A climate controlled, SSSF is a specialized, single purpose building. Once the building is erected, it is hard to find other uses and costly to retrofit. Should the business falter, the land could not be easily recovered.
We ask that this petition be denied. We would like to see this tract redeveloped into something that would be an asset to the neighborhood, follows best architectural practices, and fits into a NAC without further variances.
Planning Commission Action (August, unofficial): CONTINUED until the September 2, 2008 Planning Commission hearing.
Planning Commission Action (September, unofficial): CONTINUED until the October 7, 2008 Planning Commission hearing
Planning Commission Recommendation (October, unofficial): DENY, size and mass of building too large for a Neighborhood Activity Center. Vote was 4-1 for denial.
Board of Commissioners Action (October): HOLD until the March 17, 2009 Board of Commissioners Zoning Hearing. 
Staff to prepare a draft ordinance amendment allowing a climate controlled SSSF in a NAC, for possible adoption during the annual ordinance amendment process in February 2009.
Board of Commissioners Action (March): Continue until April 21, 2009

Board of Commissioners Action (April): Rezoned NRC with the following stipulations: 1)Maximum F.A.R. of 1.0; 2)Final site plan, architecture, modifications to be approved by the District Commissioner; 3) If the LDP is not pulled in 12 months and structural and vertical plans are not submitted in 18 months, land reverts back to previous zoning.

Petition SLUP-9

Search Tags<James T. Hawley, GC, LI, HI, Canton Road Road, Fowler Circle, Lee Waters Road, Jamerson Road, Wood Products Processing>

James T. Haley, 770/426-7302, represented by Garvis L. Sams, Jr. of Sams, Larkin & Huff, 770/422-7016, requests a Special Land Use Permit for Wood Products Processing Business.

Property is located at the northeast intersection of Canton Road and Fowler Circle and at the southwestern end of Lee Water Road, south of Jamerson Road, District 16, Land Lots 131 & 132, Parcels 2 & 9.

Size of Tract is 7.32 Acres.

Current Zoning: GC, LI, HI

Contiguous zoning is:  North: HI & CRC; East: HI; South: HI & R-20; West: GC

Current Land Use: Industrial Compatible

Case Manager: Don Farrell
Planning Commissioner: Christi Trombetti
District Commissioner: Tim Lee

Proposed Use: Wood Products processing

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Approval

ECCA recommends: No Action

Planning Commissioners Action: Continued until August meeting

Planning Commissioners Action (Aug): Continued until September meeting

Planning Commissioners Action (Sept): Deny 5-0

Board of Commissioners Action:  Deny 5-0

Petition LUP-15, 2009

Search Tags<Wanda E. Caison, R-15, Sandy Plains Rd, Arrowhead Trail, Hair Salon>

Wanda E. Caison, 678/914-3921, requests a Land Use Permit (renewal) for a Hair Salon.

Located at the northeasterly intersection of Sandy Plains Road and Arrowhead Trail (2088 Arrowhead Trail), District 16, Land Lot 703, Parcel 21

Current zoning: R-20

Contiguous zoning is:  North: R-15 (Sprayberry Station Subdivision); East: R-15 (Sprayberry Station Subdivision); South: R-20 (Sprayberry Station Subdivision); West: R-15 (Ayers Arnett Subdivision).

Current Land Use: Low Density Residential

Case Manager: Mark McClellan
Planning Commissioner: Christi Trombetti
District Commissioner: Tim Lee

Proposed Use: Renewal of Land Use Permit for a Hair Salon

Number of Employees: 1

Hours of Operation: 1pm to 8pm

Number of Clients: 2 to 4 every month

No signs, customers to park on driveway.  Applicant lives in house.

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Denial

ECCA recommends: Oppose, sets a precedent for businesses in a subdivision.  Original LUP not renewable

Planning Commissioners Action: Approved 5-0

Board of Commissioners Action:  Denied 5-0

Petition LUP-2, 2009

Search Tags <Nick Economos, R-15, Oakrill Road, Oakrill Court, two unrelated people>

Nick Economos. 770-394-5475, representing himself, requests to be allowed to have more than two unrelated people to occupy a dwelling unit.
Property is located on the northwest intersection of Oakrill Road and Oakrill Court (2561 Oakrill Road, Cedar Forks subdivision); 16th District, Land Lot 697, Parcel 16.
Size of tract is 0.33 acres
Current zoning: R-15
Contiguous zoning is: North: RM-15 (Cedar Forks subdivision); East: RM-15 (Cedar Forks subdivision); South: RM-15 (Cedar Forks subdivision); West RM-15 (Cedar Forks subdivision).
Current land use is Low Density Residential.
Case manager is Tanya Roberts
Planning Commissioner is Christi Trombetti
District Commissioner is Tim Lee
Proposed use: More than two unrelated people to occupy a dwelling unit.
Staff Comments:
Please click for Final Zoning Analysis
Staff recommends Applicant has requested to WITHDRAW the application without prejudice.
ECCA position: OPPOSE, this is an unsuitable use in a residential district.
Planning Commission Recommendation: WITHDRAWN without prejudice.
Board of Commissioners Action:  Not available yet

Petition LUP-20, 2009

Search Tags<Eastminster Presbyterian Church of Marietta, R-20,R-30, Sewell Mill Rd, Old Canton Rd, Child Care and Preschool>

Eastminster Presbyterian Church of Marietta, Inc., 770/977-2976, represented by Parks F. Huff of Sams, Larkin & Huff, 770/422-7016,requests a Land Use Permit for Child Care and Preschool.

Located at the northeast intersection of Sewell Mill Rd and Old Canton Rd and at the western terminus of Garden Lane Drive, District 16, Land Lots 838 & 891, Parcels 1 & 2

Current zoning: R-20, R-30

Contiguous zoning is:  North: R-20 (Manning Subdivision); East: R-20 (Sewell Mill Heights Subdivision); South: R-15 (Princeton Corners and Roswell Downs Subdivisions); West: R-20 (Temple Kol Emeth).

Current Land Use: Public Institutional

Case Manager: Don Farrell
Planning Commissioner: Christi Trombetti
District Commissioner: Tim Lee

Proposed Use: Child Care and Preschool

Number of Employees: 12

Hours of Operation: 9 AM to 1 PM

Number of Clients: Monday through Friday

Use existing signage

Length of time for LUP: 24 months

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Approval

ECCA recommends: No Action subject to stipulation letters dated 7/28 & 8/3

Planning Commissioners Action: Approval subject to stipulation letters 5-0

Board of Commissioners Action:  Approve 4-0

Petition LUP-3, 2009

Search Tags <lMichael Drewitz, R-20, Robinson Road, Hidden Hollow Drive, Photography studio>

 Michael Drewitz. 770-977-6900, represented by James A. Balli, Sams, Larkin & Huff LLP, 770-422-7016, requests a land use permit for the purpose of a Photography Studio.
Property is located on the northern side of Robinson Road, west of Hidden Hollow Drive (3555 Robinson Road); 16th District, Land Lot 979, Parcel 9.
Type of business: Photography studio
Number of employees: One
Proposed hours/days of operation: 9 a.m. – 5 p.m.; Monday – Friday.
Number of clients, customers or sales people: 15 – 20 / week
Where do clients, customers or sales people park: Driveway
Signs: No
Number of vehicles: 2
Type of vehicles: SUV, car
Deliveries: Yes, 2 per week (tops)
Does applicant live in house: Yes
Any outdoor storage: No
Storage of inventory: Photos within office
Additional relevant information: See attached stipulation letter, and Exhibit A
Size of tract is 0.45 acres
Current zoning: R-20
Contiguous zoning is: North: R-20 (Hidden Hollow subdivision); East: R-20 (Hidden Hollow subdivision); South: R-20 (Fox Hollow subdivision); West: R-20 (Hidden Hollow subdivision).
Current land use is Low Density Residential.
Case manager is Roger Phelps
Planning Commissioner is Mike Terry
District Commissioner is Bob Ott
Proposed use: Photography Studio.
Staff Comments:
Please click for Final Zoning Analysis
Staff recommends: DENIAL
The applicant’s proposal is located in a platted subdivision. The applicant’s request is located in an area designated as Low Density Residential on the Cobb County Comprehensive Plan. The applicant’s proposal, as summarized in the planning comments, is proposed to be a full time business. The business could intensify over time, and could possibly encourage more requests for businesses in this residential area. Additionally, this application is the result of a complaint.
ECCA position: NO ACTION. Applicant has quietly run his business from this location for a number of years with no complaints. His location on Robinson Road has minimal impact of the surrounding neighborhood, and his neighbors support him. However the LUP can set a precedent along Robinson Road.
Planning Commission Recommendation: APPROVED 5-0 Subject to the following stipulations:
1.    Applicant will only accept a client by appointment only. Any appointments will be scheduled so there is never more than one client at the residence at any given time.
2.    Applicant will not have any signs of any kind at the site. There will be no visual indication or notification at the site that any business activity is being conducted.
3.    Applicant will have no employees. There will not be any commercial activity on the site and no processing of any photographs will occur at the residence.
4.    No customers will park in the county right-of-way and customers will all park in the large double driveway . There will be absolutely no parking on the street.
5.    There will be no commercial deliveries of any merchandise on or at the site.
6.    Applicant will not have outside storage or other visible equipment at the site. Applicant will not have any inventory or equipment that generates any noise.
7.    Applicant will not have any commercial vehicles at the site.
8.    The LUP is for 12 months.
Petition will be on the consent agenda of the Board of Commissioners Zoning Hearing.
Board of Commissioners Action: Not available yet.