Archive for Zonings – Past, 2011

Petition Z-38 (2010)

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

Petition Z-39 (2010)

Search tags<Cindy Cornely, NS, Lower Roswell Road, Woodlawn Drive, Dog Boarding>

Cindy Cornely, 678-522-4910, representing herself, requests a rezoning from NS to CRC for a Dog Boarding Facility

Located on the northeast intersection of Lower Roswell Toad and Woodlawn Drive,

District 1, Landlot 69, Parcel 9.

Size of Tract is .97 Acres

Current Zoning: NS

Contiguous zoning is:  North: NS; South: GC, West: SC (Woodlawn Gates Subdivision) East: NS;

Future Land Use Map: Community Activity Center

Case Manager:  Marvin Shams

Planning Commissioner:  Mike Terry

District Commissioner: Bob Ott

Proposed Use:  Dog Boarding Facility

ECCA Recommends:  No action subject to the following stipulations:

  • Boarding be limited to dogs only and maximum of 15 dogs under 15 pounds (small dogs)
  • No outdoor runs or kennels
  • Soundproofing installed so animal sounds cannot be heard by the stores in the center.
  • A system will be installed to minimize the odors coming from the premise to the outside of the property and adjacent properties.
  • When the current occupant goes out of business or moves, the property reverts back to NRC
  • The occupant will not expand the footprint of the current building.
  • The occupant will comply with all health department and Cobb County ordinances.

We are also not sure how the 1700 square feet for the building is calculated.  We calculate 1400 square feet of building with a 300 square foot front yard.

Planning Commission Action: Denied 5-0

Board of Commissioners Action (Dec 2010):  Continued

Board of Commissioners Action (Feb 2011): Approved 5-0 subject to:

  • Site Plan
  • If the site is redeveloped the fruit stand will be gone.
  • Dog walk area increased 64 sq. ft.
  • Woodpile is to be cleaned-up
  • Fence painted and maintained
  • Seasonal color planted in front of the fence

All other staff comments.

STAFF COMMENTS:

Please click for Preliminary Zoning Analysis

  Please click for Final Zoning Analysis

Staff Recommends:  Approval subject to additional conditions.

Petition Z-5

Search Tags<Brooks Chadwick Capital, LLC., R-20, Johnson Ferry Road, Jordan Lake Drive, Single-family Residential>

Brooks Chadwick Capital, LLC., 404-281-4554, represented by John Moore of Moore, Ingram, Johnson & Steele, LLP, 770-429-1499, requests a change in zoning from R-30 to R-15 for Single-family Residential

Located at the southeast intersection of Johnson Ferry Road and Post Oak Tritt Road and the north side of Jordan Lake Drive, District 16, Land Lot 610, Parcel 2.

Size of tract is: 10.269 acres

Current zoning: R-30

Contiguous zoning is:  North: O & I; East: R-30; South: R-15 (Walden Subdivision); West: R-20

Current Land Use: Low Density Residential

Case Manager: Jill Flamm
Planning Commissioner: Christi Trombetti
District Commissioner: JoAnn Birrell

Proposed Use: Single-Family Residential

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Approval subject to additional stipulations

ECCA recommends:  Approval of zoning, but not of the additional variances requested for sidesetbacks on all lots and front setbacks along lots 1-9. Support additional stipulations requested by Walden subdivisions

Planning Commissioners Action: Approval 5-0 subject to staff comments and John Moore’s stipulation letter dated 1/25/11 with the following changes:

1) No renderings attached to the zoning;

2) Houses will not be three sided hardy plank. Front and sides will include a varity of materials and architecture to give interest to the homes; and

3) Lots 9-11, 21, 22 only will be granted side setback variances due to the narrow frontage on the street; and

4) Notice will be given to Lake Walden of any minor modifications requested by the applicant.

Board of Commissioners Action: 

Approved 5-0 subject to the stipulation letter dated 2/11 with the following changes:

  • Paragraph 6 to read “No residence shall have the rear wall consisting solely of hardi plank with no windows or other treatment.”
  • Paragraph 16 all “or its successor” after Lake Walden Home Owner’s As., Inc. and “not to exceed time limits herein”
  • Paragraph 17 to read subject to County Arborist approval
  • Paragraph 22 to add Every effort will be made to use the Johnson Ferry entrance for as long as possible up until 8/15/11.
  • Paragraph 24 add Applicant to pay for damages to Jordan Lake Drive

New paragraph 31 to read If the applicant has not pulled the LDP for this project within 24 months, the land reverts back to the original R-30 zoning.

Petition Z-6

Search Tags<Mack & Abe, Inc., GC, Shallowford Road, Johnson Ferry Road, Carwash, Emissions Station, Convenience Store w/Fuel Sales>

Mack & Abe, Inc., 404-513-5454, represented by Ibrahim (Abe) Jivani, 404-513-5454, requests a Rezoning from GC to NRC for a carwash, emissions station, convenience store with fuel sales.

Located at the east side of Johnson Ferry Road, south of Shallowford Road, District 16, Landlot 470, Parcel 35.

Size of tract is: 1.42 acres

Current zoning:  GC

Contiguous zoning is:  North: PSC; East: CRC; West: LRO; South: R-20

Future Land Use: Neighborhood Activity Center

Case Manager: Trish Steiner

Planning Commissioner: Christi Trombetti

District Commissioner: JoAnn Birrell

Proposed Use: Carwash, Emissions Station, Convenience Store With Fuel Sales

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Approval subject to staff comments

ECCA recommends: Additional stipulations need:

  • Zoning should be for a carwash and emission testing only
  • Colors of the buildings to be approved by the District Commissioner
  • Landscape plans needed before BOC meeting
  • Sign plan needs to be changed prior to BOC meeting

Prior to the BOC meeting the applicant addressed all our concerns. We will not oppose this application and welcome a new business to the area.

Planning Commissioners Action: Hold until April for landscape plan and new sign plan.

Planning Commissioners Action: Approve 5-0 subject to letter dated April 5th, landscape plan, traffic flow plan, sign renderings, site plan, no overnight parking.

Board of Commissioners Action: Approved 5-0 subject to letter dated April 5th, landscape plan, traffic flow plan, sign renderings, site plan, no overnight parking, elevations to be approved by the district commissioner and all staff comments and recommendations.

Petition Z-11

Search tags<Brooks Chadwick Capital, LLC, R-30, Sandy Plains Road, Mountain Road, Subdivision>

Brooks Chadwick Capital, LLC, 404-281-4554, represented by Garvis Sams of Sams, Larkin & Huff, LLP 770-422-7016, requests a rezoning from R-30 to R-20 for a purposed subdivision

Located on the northeasterly intersection of Sandy Plains Road and Mountain Road,

District 16, Landlots 113 & 176, Parcels 2 & 7.

Size of Tract is 38.975 Acres

Current Zoning: R-30

Contiguous zoning is:  North: PD (Jefferson Township Subdivision); South: R-20 (Mountain Ridge Subdivision), West: PRD (Highland Ridge Subdivision) East: PD (Enclave at Jefferson Ridge Subdivision).

Future Land Use Map: Low Density Residential

Case Manager:  Jill Flamm

Planning Commissioner:  Christi Trombetti

District Commissioner: JoAnn Birrell

Proposed Use:  Subdivision

STAFF COMMENTS:

Please click for Preliminary Zoning Analysis

  Please click for Final Zoning Analysis

Staff Recommends:  Approval

ECCA Recommends:  Approval subject to the stipulation letter dated April 12, 2011 with some modifications to two of the stipulations:

Need to specify how the applicant will be re-vegetating the buffer and add that additional individual grading plans may be required by Stormwater Management during site plan review.

Planning Commission Action: Approved 5-0 subject to all staff comments and the stipulation letter dated March 29, 2011 with the following changes

  • 9ii change the name to Mary
  • Reference specific buffer standards in the code
  • 10i individual grading plans will be required on lots 14,20,21,22,43 and others identified during the plan review process
  • Remove the pedestrian access to the north if the neighbors require it.

Board of Commissioners Action:  Approved 5-0 subject to the stipulation letter dated April 12, 2011, staff comments and recommendation and the following modifications to the stip letter:

  • 9b add “or designee
  • 9c add “and approval by the county arborist.
  • 10i add lots 18, 28, 29 and any others identified during the plan review process that have a slope of 25% or greater.

Applicant will add buffers to lot survey and take additional measures to make the buyer aware that there are buffers on property.

Petition Z-13

Search Tags<House Rabbit Society/North Georgia Chapter, Inc, R-20, R-15, Shallowford Road, Shallow Court, Rabbit Rescue Shelter>

House Rabbit Society/North Georgia Chapter, Inc., 978-653-7175represented by Kevin Moore of Moore Ingram Johnson & Steele, LLP 770-429-1499, requests a rezoning from R-15, R-20 to NRC for the purpose of a Rabbit Rescue Shelter

Located at the southwesterly intersection of Shallowford Road, and Shallow Court, District 16, Landlots 310 & 339, Parcels, 12 & 13.

Size of tract is: .63 acres

Current zoning:  R-20, R-15

Contiguous zoning is:  North: GC; East: R-15; South: R-15, NS (Heatherwood); West: R-20 (Cork Wren)

Future Land Use: Low Density Residential, Neighborhood Activity Center

Case Manager: Jill Flamm

Planning Commissioner: Christi Trombetti

District Commissioner: JoAnn Birrell

Proposed Use: Rabbit Rescue Shelter

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Deleting to LRC with additional comments.

ECCA recommends: Deleting to LRO specific to a Rabbit Rescue Shelter, subject to Kevin Moore’s final stipulation letter of April 19, 2011 and staff comments.

Planning Commission recommends: Approval 5-0 subject to stipulation letter dated March 31, 2011

Board of Commissioners recommends: Approved 5-0 subject to the stipulation letter dated April 19, 2011, stipulation 6 modified to add “no more than what is currently there” with regard to pens, staff comments and recommendations, all plantings to be outside the ROW, Landscape plan to come back to the District Commissioner for approval.

 

Petition Z-18

Search Tags<William Barbee, GC, Hamby Road, Hazelwood Drive, Single Family Home>

William Barbee, 770-655-0391, represented by Karl Lutjens, 404-797-3423, requests a Rezoning from GC to R-15 for a single family home.

Located at the northeastern intersection of Hamby Road and Hazelwood Drive, District 16, Land Lot 1243, Parcel 19.

Size of tract is: .357 acres

Current zoning:  GC

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

Future Land Use: Community Activity Center

Case Manager: Roger Phelps

Planning Commissioner: Mike Terry

District Commissioner: Bob Ott

Proposed Use: Single Family Home

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Denial

ECCA recommends: Denial. However after hearing the Planning Commission’s recommendation and stipulations, we changed it to No action-support the Planning Commission’s recommendation

Planning Commissioners Action: Approved 5-0 subject to the following stipulations:

  1. Remove gravel driveway
  2. Upgrade paved driveway
  3. Remodeling of the house up to county standards to occur within 90 days
  4. Frontage to be donated for right-of-way
  5. No outside storage
  6. If house is not rented within 12 months the property reverts back to GC
  7. All staff comments and recommendations

Board of Commissioners Action: Approved 5-0 subject to:

  1. Site plan submitted
  2. Staff Comments
  3. Planning Commission Comments

Minor Modifications to come back to the District Commissioner for approval.

Petition Z-23

Search Tags<Edens & Avant Financing II Limited Partnership, NS, Shallowford Road, Sandy Plains Road, Retail, Fueling Center, Restaurant with Drive-thru>

Edens & Avant Financing II Limited Partnership, 803-779-4420, represented by John Moore of Moore, Ingram Johnson & Steele, LLP, 770-449-1499, requests a Rezoning from NS to CRC for Retail, Fueling Center, & Restaurant Drive-thru.

Located at the southwest side of Shallowfod Road and west side of Sandy Plains Road; east of Gordy Parkway, District 16, Land Lots 385,386 & 407, Parcel 8.

Size of tract is: 15.73 acres

Current zoning:  NS

Contiguous zoning is:  North: GC; East: R-20; West: PDR; South: O & I

Future Land Use: Community Activity Center

Case Manager: David Hong, Norm DeWalt, Lee Berg

Planning Commissioner: Christi Trombetti

District Commissioner: JoAnn Birrell

Proposed Use: Retail, Fueling Center, and Restaurant with drive-thru.

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Approval with stipulations

ECCA recommends: No action subject to the following additional stipulations:

  1. Relocation of the sidewalk and handicap ramp to the corner of the Chick-fil-A restaurant;
  2. Stipulating that the kiosk in the fueling center will be for auto supply related sales only;
  3. The restroom in the kiosk is not for public use; and
  4. The Architectural Control committee remains in effect for this property.

In addition we support any comments made by NECC and NECHG

Planning Commissioners Action: Approved 5-0 with additional stipulations:

  1. All staff recommendations and comments
  2. Architectural Control Committee remain in tact
  3. No vehicles for advertising purposes
  4. Pedestrian enhancements to get into shopping center
  5. Pump stations to be limited to 5
  6. No sidewalks on Gordy Parkway

Board of Commissioners Action: Approved 4-1 with additional stipulations:

  1. Stipulation letter dated July 13, 2011 from John Moore;
  2. All Planning Commission comments;
  3. Relocation of sidewalk and handicap ramp;
  4. Remove six parking spots by drive-thru;
  5. Sale of Automobile related products only in kiosk and bathroom not for   public use; and
  6. Encourage communication with North Hampton and other businesses about street lights.

Petition Z-24

Search Tags<Pulte Home Corporation, R-20, Shaw Road, Piedmont Road, Single Family Homes

Pulte Home Corporation, 770-381-3450, represented by John Moore of Moore, Ingram Johnson & Steele, LLP, 770-449-1499, requests a Rezoning from R-20 to R-15/OSC for sigle family homes.

Located at the east side of Shaw Road; north of Piedmont Road, District 16, Land Lot 520, Parcels 2 & 25.

Size of tract is: 31.63 acres

Current zoning:  R-20

Contiguous zoning is:  North: R-20 (Oak Valley Estates; East: R-20; West: R-20; South: R-20 (Castlebrooke Subdivision)

Future Land Use: Low Density Residential

Case Manager: Jill Flamm, Norm DeWalt, Lee Berg

Planning Commissioner: Christi Trombetti

District Commissioner: JoAnn Birrell

Proposed Use: Single Family Homes

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Deletion to R-20/OSC

ECCA recommends: Hold for new site plan with R-20 or R-20/OSC zoning that incorporates all staff comments and recommendations. Lots are too small compared to the surrounding area and houses to far forward and close together. Number of proposed single story houses unknown.

Planning Commissioners Action (July): Hold for 30 days for a R-20/OSC or R-20 plan.

Planning Commissioners Action (Aug): Hold

Planning Commissioners Action (Sept): Approved 5-0 subject to stipulation letter dated 7/27/11 plus additional stipulations

Board of Commissioners Action (Sept): Hold

Board of Commissioners Action (Oct): Not Available

Petition Z-26

Search Tags<Sonia Torretto, CF,LRO, Lott Avenue, Cloverdale Drive, Professional Office>

Sonia Torretto, 678-571-3207, requests a Rezoning from CF to LRO for Professional Office.

Located at the south side of Cloverdale Drive and west of Lott Avenue, District 16, Land Lot 1241, Parcel 40.

Size of tract is: .25 acres

Current zoning:  CF

Contiguous zoning is:  North: CF; East: O & I; West: CF; South: City of Marietta

Future Land Use: Community Activity Center

Case Manager: Roger Phelps

Planning Commissioner: Mike Terry

District Commissioner: Bob Ott

Proposed Use: Professional Office

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

Staff recommends: Approval

ECCA recommends: Approval. Support staff comments

Planning Commissioners Action: Approval 5-0 subject to no parking in the street, use changes or redevelopment must meet all county standards, hours in the application, minor modifications approved by the district commissioner, site plan, hours in the application, staff comments and recommendations.

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