Archive for Zonings – Past, 2010

Petition Z-2

Search Tags<Jim R Housley, CF, Worley Drive, Penland Drive, Irrigation Business>

Jim R. Housley, 770/713-3137, represented by Garvis L. Sams, Sams, Larkin & Huff, LLP, 770-422-7016, requests change in zoning from CF to LI for an irrigation business.

Located on the southwest intersection of Worley Drive and Penland Drive, District 16, Land Lot 444, Parcel 16.

Size of tract is: 2.06 acres

Current zoning: CF

Contiguous zoning is:  North: LI; East: R-20 (Worley Subdivision); South: NS; West: GC

Current Land Use: Community Activity Center

Case Manager: Roger Phelps
Planning Commissioner: Christi Trombetti
District Commissioner: Tim Lee

Proposed Use: Irrigation Business

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Deletion to CRC

ECCA recommends:  No Action

Planning Commissioners Action: Approved for CRC 5-0

Board of Commissioners Action: Approved for CRC 5-0

Petition Z-3

Search Tags<Health Care Capital Consolidated, Inc., R-20, Lower Roswell Road, Cove Drive, Senior Living Facility>

Health Care Capital Consolidated, Inc, 770-393-3355, represented by Garvis L. Sams of Sams Larkin & Huff, 770-422-7016, requests a change in zoning from R-20 to RSL for a Senior Living Facility

Located on the south side of Lower Roswell Road, northeasterly of Cove Drive, District 19, Land Lots 1114 & 1115, Parcels 2,8,9,10,17,26.

Size of tract is: 9.63 acres

Current zoning: R-20

Contiguous zoning is:  North: R-20 (Indian Hills Subdivision); East: R-20 (Water Plant); South: R-20 (Kings Cove Subdivision); West: R-20 (Kings Cove Subdivision)

Current Land Use: Low Density Residential & Public Institutional

Case Manager: Trish Steiner
Planning Commissioner: Mike Terry
District Commissioner: Bob Ott

Proposed Use: Senior Living Facility

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Denial

ECCA recommends:  Oppose This type of facility belongs in a NAC.  Too intense a development for an area that is residential. This development is  not next to or near a NAC and will never be a NAC.

Planning Commissioners Action (Feb): Continued for 30 days

Planning Commissioners Action (Mar): Continued for 30 days

Planning Commissioners Action (Apr): Continued for 30 days

Planning commissioner Action (May): Denied 4-1.

Board of Commissioners Action:  Withdrawn without prejudice by applicant. Approved 4-0.

Petition Z-8

Search Tags<Steak Properties, LLC, R-20, Canton Road, Chesterfield Drive, Parking Lot Expansion>

Steak Properties, 404/310-0400, represented by Garvis L. Sams, Sams, Larkin & Huff, LLP, 770-422-7016, requests change in zoning from R-20 to NRC for a restaurant parking lot expansion.

Located on the northeast intersection of Canton Road and Chesterfield Drive, District 16, Land Lot 588, Parcel 7.

Size of tract is: 1.07 acres

Current zoning: R-20

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

Current Land Use: Neighborhood Activity Center

Case Manager: Tanya Roberts
Planning Commissioner: Christi Trombetti
District Commissioner: Tim Lee

Proposed Use: Expansion to restaurant parking lot

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Approval subject to stipulations

ECCA recommends:  No Action, support Canton Road Neighbors and neighborhood.

Planning Commissioners Action: Approval 5-0, subject to applicants letter dated 2/24/10, staff comments and additional stipulations.

Board of Commissioners Action: Approved 5-0 Subject to stipulations.

Petition Z-12

Search Tags<Community Bank of the South, RSL with Stipulations, Roswell Road, Rushmore Drive, Residential Development>

Community Bank of the South, 770-436-4567, represented by John Moore, Moore Ingram Johnson & Steele, LLP, 779-429-1499 request a change in zoning from RSL with Stipulations to RSL with Stipulations for a residential development.

Located on the north side of Roswell Road, east of Rushmore Drive, District 1, Land Lot 205, Parcels 24 thru 39.

Size of tract is 4.2 acres

Current zoning: RSL with Stipulations

Contiguous zoning is:  North: R-20 (Plantation Place Subdivision); East: Willeo Creek; South: R-20 (River Forest Subdivision); West: R-30 (Church)

Current Land Use: Low Density Residential

Case Manager: Jill Flamm / Lee O’Neal
Planning Commissioner: Christie Trombettii
District Commissioner: Tim Lee

Proposed Use: Residential Development

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Deletion to RA-5

ECCA recommends (May):  Oppose.  Sets a bad precedent for future RSL cases and undermines the purpose of the RSL code.

ECCA recommends (June): Oppose.  Need to have 15 lots in application, otherwise have spot zoning of RSL for 2 and RA-5 for others.  Want the four lots in the island to be turned into green space to lower the density of the RA-5.  Need to have a new site plan to make sure other 9 undeveloped lots conform to all setbacks and impervious surface limitations in the RA-5 zoning code.  Deceleration lane needs to be added.

ECCA recommends (July):  Oppose We would like all the lots in the island to be turned into green space to lower the density of the RA-5 project closer to LDR.  With the island turned into green space and the additional lot on the perimeter being eliminated, the new density would be 2.75 (10 homes/ 3.64 acres).  The flood plain area is not included in this calculation per the Cobb County Code. This brings it in closer to the density of 2.1 units/acre avg. allowed in R-15, which is the highest density in that area. We would also like a stipulation added that no contemporaneous variances are needed or anticipated in the future.  We would like to see enhanced landscaping added along the front of the development along Roswell Road to improve the viewscape from River Forest subdivision. Finally, we would like a deceleration lane to be added along Roswell Road. Without these conditions, we recommend denial of this petition.

Planning Commissioners Action (May): Hold Applicant to consider revising application for all 15 lots, requesting RA-5 and giving up some lots to reduce density.

Planning Commissioners Action (Jun): Hold until July.  Need to consider giving up 4 lots to green space.  New site plan need showing new building footprints and if they will conform to RA-5.  Need to contact owner of other two properties.

Planning Commissioners Action (Jul): Approved 5-0 for RA-5 subject to stipulation letter dated June 25, 2010.

Board of Commissioners Action:  Approved 4-0 for RA-5 subject to stipulation letter dated June 25,2010, additional landscaping at entrance and staff comments.

Petition Z-14

Search Tags<Scott W. Tucker, GC, R-20, Sawyer Road, Georgia Northeastern Railroad right-of-way, industrial & warehouse uses>

Scott W. Tucker, 404-625-8579, represented by Melissa P. Haisten of Sams Larkin & Huff, 770-422-7016, requests a change in zoning from GC, R-20 to HI for Industrial and Warehouse Uses

Located on southeasterly intersection of Sawyer Road and Georgia Northeastern Railroad right-of-way, District 16, Land Lot 875, Parcels 6, 64, 66, 68, 71.

Size of tract is: 1.661 acres

Current zoning: GC, R-20

Contiguous zoning is:  North: R-20 (Kings Estates Subdivision); East: Marietta; South: (HI and GC); West: Marietta

Current Land Use: Industrial Compatible

Case Manager: Tanya Roberts
Planning Commissioner: Christi Trombetti
District Commissioner: Thea Powell

Proposed Use: Industrial and Warehouse Uses

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Approval subject to stipulations

ECCA recommends:  No Action

Planning Commissioners Action: Approved 5-0 subject to stipulations

Board of Commissioners Action:  Approved 5-0

Petition Z-17

Search Tags<Metro Group Development II, LLC, GC. PSC, Roswell Road, Old Canton Road, Pharmacy and Drug Store>

Metro Group Development II LLC, 770-641-1671, represented by John Moore, Moore Ingram Johnson & Steele, LLP, 779-429-1499 request a change in zoning from GC and PSC to NRC for a Pharmacy and Drug Store

Located on the northwest intersection of Roswell Road and Old Canton Road

District 16, Land Lot 910, Parcels 7 and 20.

Size of tract is 1.812 acres

Current zoning: GC, PSC

Contiguous zoning is:  North: PSC; East: O&I; South: NS, PSC, O&I; West: PSC

Current Land Use: Neighborhood Activity Center

Case Manager: Roger Phelps
Planning Commissioner: Christi Trombetti
District Commissioner: Thea Powell

Proposed Use: Pharmacy and Drug Store

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Approval subject to stipulations

ECCA recommends:  No Action subject to stipulation letter dated June 11, 2010.Planning Commissioners Action: Approved subject to staff comments and additional stipulations.

Board of Commissioners Action (June):  Hold to consider recommendations from Princeton Corners and additional landscape buffer along Roswell Road to Hold to consider recommendations from Princeton Corners and additional landscape buffer along Roswell Road to accommodate possible future widening along Roswell Road.

Board of Commissioners Action (July): Approved 3-1 subject to stipulation letter dated July 14, 2010 and additional trees along Old Canton.

Petition Z-22

Search Tags<Madison Hill, LLC, CF, OI, Delk Road, and Bentley Road, Apartments >

Madison Hills, LLC, 404/952-7047, represented by Margaret Stagmier, 404-949-0180, requests a rezoning from CF, OI, to RM-12 for Apartments.

Located on the south side of Delk Road, and West of Bentley Road, District 17, Landlots 799, 857, Parcel 3.

Size of Tract is 18.979 acres

Current Zoning: CF, OI

Contiguous zoning is:  North: City of Marietta (North Chase Office Park); East: City of Marietta; South: RM- 12; West: City of Marietta

Future Land Use:  High Density Residential

Case Manager:  Eric Jacobsen

Planning Commissioner: Mike Terry

District Commissioner:   Bob Ott

Proposed Use: Apartments

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Please click for Final Zoning Analysis revised

Staff Recommends: Approval

ECCA recommends:  No Action

Planning Commissioners Action (Aug):  Continued for 30 days by applicant

Planning Commisioners Action (Sep): Approved 5-0

Board of Commissioners Action (Sept):  Hold for 30 days 5-0

Board of Commissioners Action (Oct): Zoning changed to PVC Approved 5-0

Petition Z-24

Search Tags<East Cobb United Methodist Church, Inc, R-20, Roswell Road, Sewell Mill Road, Digital Reader Board>

East Cobb United Methodist Church, 770-971-3643, represented by J. Kevin Moore, Moore Ingram Johnson & Steele, 770-429-1499, requests a Rezoning from R-20 to NRC for a religious facility with an electronic reader board sign.

Located on the north side of Roswell Road, easterly of Sewell Mill Road, District 16, Landlot 987, Parcel 13

Size of tract is: 5.4 acres

Current zoning:  R-20

Contiguous zoning is:  North: RA-4, RA-5; East: R-20, LRO; West: R-20 (Clydesdale Estates), O&I

Future Land Use: Public Institutional

Case Manager: Trish Steiner

Planning Commissioner: Christi Trombetti

District Commissioner: Thea Powell

Proposed Use: Religious Facility with an Electronic Reader Board Sign

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Deletion and Approval with conditions

ECCA recommends (September & October):  Support Continuance

Planning Commissioners Action (Sept): Continued 30 days

Planning Commissioner Action (Oct): Continued 30 days

Planning Commissioners Action (Nov):

Approved 5-0 subject to:

  • Staff Comments
  • If there is a change in primary use or ownership other than a religious institution it will come back to the Planning Commission and Board of Commissioners for approval.
  • Sign is to be a monument style of stone, brick and/or stacked stone as depicted in the photo.
  • Sign will conform to the Cobb County Sign and Digital Sign ordinance

Sign will be placed according to the plan submitted 11/2/10.

Board of Commissioners Action:  Approved 5-0 subject to Planning Commission and staff comments.

ECCA recommends (November):  ECCA has no problem with the placement of the proposed sign, nor with the style and materials similar to the sign at Pope High School.  We understand that the applicant will comply with the Cobb County sign and digital sign ordinance.  We have also requested that upon a change in primary use of the property or change in ownership of the property other than to another religious institution, this property will come back to both the Planning and Board of Commissioners for a new hearing. We support all staff comments and recommendations on this case.

Petition Z-25

Search tags<Martha Perkins Schwarzmann and Ellison Schwarzmann, GC, PSC, Johnson Ferry Road, Lower Roswell Road, Garage>

Martha Perkins Schwarzmann and Ellison Schwarzmann, 770-971-1331, represented by Thomas L. Abbott, 678-361-3906, request a rezoning from GC, PSC to CRC  for an existing house, proposed garage, and existing business.

Located on the west side of Johnson Ferry Road, south of Lower Roswell Road,

District 1, Landlot 69, Parcel 38.

Size of Tract is 1.01 Acres

Current Zoning: GC, PSC

Contiguous zoning is:  North: CRC; South: GC, West: GC; East: GC

Future Land Use Map: Community Activity Center

Case Manager:  Trish Steiner

Planning Commissioner:  Mike Terry

District Commissioner: Bob Ott

Proposed Use:  Existing House, proposed garage, and existing business

 STAFF COMMENTS:

Please click for Preliminary Zoning Analysis

  Please click for Final Zoning Analysis

Staff Recommends:  Approval with conditions

ECCA Recommends:  No Action Support Staff Comments.

Planning Commission Action: Approved 5-0 subject to site plan and staff comments.

Board of Commissioners Action:  Approved 5-0 subject to site plan and staff comments.

Petition Z-30

Search tags<Steve B. Wadley, R-12 w/stips, R-12 w/stips, Vendome Place, Monet Drive, Two Houses>

Steve B. Wadley, 770-366-5407, represented by Clyde Clem, 770-861-6130, request a rezoning from R-15 w/stipulations to R-15 with stipulations for two homes

Located on the western end of Vendome Place, north of Monet Drive,

District 16, Landlot 29, Parcel 51.

Size of Tract is 2.49 Acres

Current Zoning: R-15 w/stipulations

Contiguous zoning is:  North: R-15 (Chimney Lakes Subdivision); South: R-15 (Tiffany Place Subdivision), West: R-20 (Tiffany Place); East: R-15 (Chimney Lakes Subdivision)

Future Land Use Map: Low Density Residential

Case Manager:  Roger Phelps

Planning Commissioner:  Christi Trombetti

District Commissioner: Thea Powell

Proposed Use:  Two Homes with a variance

 STAFF COMMENTS:

Please click for Preliminary Zoning Analysis

  Please click for Final Zoning Analysis

Staff Recommends: Approval subject to stipulations. 

ECCA Recommends:  No Action

Planning Commission Action: Approval 5-0 subject to staff comments and site plan showing all impervious surfaces to be approved by the District Commissioner and stormwater management prior to the issuance of a LDP or building permit.

Board of Commissioners Action (Oct): Hold for 30 days for site plan

Board of Commissioners Action (Nov): Approve 5-0 subject to increasing buffer on lot 2 to 60 sq. ft. on the northern and western side, staff comments and planning commission comments.