August 2006 Rezonings

• Z-107 Approved 5-0 by the BOC with stipulations and site plan changes requested by Member Subdivision (Saddlebrook) and PLAN.
• Z-106 withdrawn without prejudice
• Z-86 Approved at 3.66upa with stipulations
• Z-105 - withdrawn without prejudice

December 2005 Rezonings

November 2005 Rezonings

October 2005 Rezonings

September 2005 Rezonings

August 2005 Rezonings

Both continued from July

Z-120 to rezone 19.68 acres located on Dallas Highway east of Schofield Drive (across from the Lost Mtn. Park).  Present zoning R-20, proposed zoning Residential Senior Living (over 55, nearest the highway), R15 (changed to RA-5), and R-20 for Senior condominiums and single family houses.  Future Land Use Plan is Very Low Density Residential (VLDR). PLAN wrote an opposition letter for this application. The case was continued by the PC. The PC's suggestions were around utilizing multi-acre sites at the top of the hill, duplex units instead of quads for the RSL, and an alternative to the RA-5, which is too dense for the area. PLAN plans on meeting with the applicant within the next few weeks, along with other adjacent and nearby homeowner groups.

July 2005 Rezonings

Z-120 to rezone 19.68 acres located on Dallas Highway east of Schofield Drive (across from the Lost Mtn. Park).  Present zoning R-20, proposed zoning Residential Senior Living (over 55, nearest the highway), R15 (changed to RA-5), and R-20 for Senior condominiums and single family houses.  Future Land Use Plan is Very Low Density Residential (VLDR). PLAN wrote an opposition letter for this application. The case was continued by the PC. The PC's suggestions were around utilizing multi-acre sites at the top of the hill, duplex units instead of quads for the RSL, and an alternative to the RA-5, which is too dense for the area. PLAN plans on meeting with the applicant within the next few weeks, along with other adjacent and nearby homeowner groups.

April 2005 Rezonings

Z-51 to rezone 5.4 acres located on the east side of Barrett Parkway across from McDaniel Rd.   Present zoning R-20, proposed zoning RSL (Residential Senior Living) for a subdivision of 22 homes.  Future Land Use Plan = Low Density Residential. This application does fit the macro ordinance specs. It is currently at 4.07 upa (can go up to 5 upa) with 2500+ sq. ft. homes. The owners must be 55 or older and the RSL development must be on an arterial road.

March 2005 Rezonings

Z-38 (& SLUP-6). R30 to OI. 3.27 acres located on the south side of Dallas Hwy., west of Scholfield Drive. Proposed use: Climate Controlled Self Service Storage Facility. It is believed to be in the CAC. Applicant: Lost Mtn. Storage, LLC @ 404-272-2518. Rep: Garvis L. Sams, Jr. @ 770-422-7016. This case was continued to April. At this point, PLAN is working w/ the developer to build an attractive (4 side brick w/ some stucco) building. This development is in the commercial node and would have much less traffic and parking spaces than another business that could go there. Continued to April/May.

Z-41. R-30 to FST (fee-simple townhouses). 6.22 acres located on the northwest side of Mars Hill Rd at New Park Drive. Applicant: ICI Development Group @ 770-425-1025. Rep: Carl A. Wynne @ 770-425-1025. This case was continued to April. The developer is going to revise their plans and consider a housing product vs. condos or townhouses. PLAN fully supports the developers decision to re-think their strategy w/ the property. Continued to April.

February 2005 Rezonings

January 2005 Code Amendments

Each year, the County makes some amendments to it's code and comprehensive land use plan - adds, deletes, and/or modifies. The below link is a draft of those amendments. The public hearing schedule is below as well:

December 2004 Rezonings

Z-170. The Bullard Property. Approx. 100 acres. Located on the northwest corner of Old Hamilton and Dallas Hwy. Present zoning is R-30 (3/4 of an acre residential lots) and LRO (low rise office; CPAs, Dr.'s, Lawyers, etc.). Proposed zoning (estimated) is SC (suburban condo), OI (office and institional), R-30, LRO, NRC (Neighborhood Retail Commercial), and RM-8 (8 units per acre). The current plan (9/24) includes a movie theatre and > 400K sq. ft. of commercial (The Avenues of West Cobb is 205K and it's in the commercial node). This development is too intense for the current infrastructure (roads, etc.), it's not appropriate given the future land use map, and it expands the node to the detriment of the community (a bad precedent going forward). 

UPDATE (2/2): The developer for the Z-170 rezoning (the Bullard Property) withdrew their application just before the final vote by the ARC. They may try to reconfigure their application so it does not meet DRI status, but at this point, that's speculation.

UPDATE (1/19/05): Looks like the Z-170 case will not be heard in Feb. It may be heard in March depending on the ARC's opinion.

UPDATE (1/10/05): New Revised Site Plan & Letter to the ARC (1.7 MB file)

UPDATE: Developer asked for, and received, a 60-day extension from the ARC, which ended up giving them a negative opinion. The ARC should review the application again in Feb., 2005. The application is likely to come before the Cobb PC/BOC in March of '05.

Opposition Letter Sent to the ARC (New 11/5: could use parts of it in your personalized letter)

http://www.villageatwestcobb.com/index.html (New 10/23: updated site map on web site)

Article about the development from 9/25 MDJ

A Fact Sheet about the development based on a 9/21 site plan 

A flyer for Z-170 (.pdf)

There are two key things that everyone can do.

1. Write professional, personal, factual letters (email is acceptable) to ALL of the commissioners (you need 3 votes for approval or denial). Letters should include a zoning argument and highlight 3-5 key points. Call, write, email - info at the bottom of this page.
   
2. Attend the December 7th Planning Commission and December 21st Board of Commission (BOC) meetings. If there are more than 30-50 (typically - could be less or more) people in opposition, the BOC may take an early count around 9 a.m.  and most people can leave except for the speakers. Both sides get 10 minutes to speak.

November 2004 Rezonings

Z-167 to rezone 17.79 acres on the south side of Friendship Church Rd., east of Streamwood Dr. from R-30 to R-20. Proposed use is a subdivision. The land use is VLDR. Rep is J. Kevin Moore at 770-429-1499.

SLUP-25 to erect a 180-foot telecommunications tower and equipment compound on 4.9 acres at the northeast intersection of Lost Mtn. Rd. and Midway Rd. Present zoning is R-30. Rep is Christopher Manley at 770-633-8813.

October 2004 Rezonings

Z-145 to rezone 43.6 acres located on the south side of Poplar Springs Rd., south of Dallas Hwy. Present zoning is R-30 (3/4 of an acre) to proposed zoning CS (conservation subdivision), which does not have a minimum density. The land use is Very Low Density Residential. Applicant is John Wieland Homes and Neighborhoods, Inc. The representative is Dan Fields @ 770-907-3433. The key is to ensure that the CS does not set an adverse precedent in terms of density.

September 2004 Rezonings

Z-123 to rezone 9.8 acres located at the southeast intersection of Dallas Highway and Casteel Rd (just west of the Avenues of West Cobb).  Present zoning OI (Office Institutional) and R-20, proposed zoning NRC (Neighborhood Retail Commercial) and LRO (Low Rise Office) for an expansion of the Avenues of West Cobb.  Future Land Use Map = Neighborhood Activity Center. The key issues with this development are appropriately buffering the stream on the tract and ensuring pre- and post stormwater management analysis given downstream and nearby lakes. This application was passed 5-0 by the Planning Commission. The BOC meeting is Sept. 21st. The local residents are working with the developer and representative to structure protective stipulations. This application was Approved by the BOC on 9/21.

August 2004 Rezonings

Z-112: 12.13 acres located at the southeast intersection of Dallas Hwy. and Old Trace Rd. Applicant: Progressive Development Services, LLC @ 678-722-0401. Rep: John H. Moore @ 770-429-1499. R-20 to RA-5 and NRC. One parcel is 5.63 acres residential and the 2nd parcel is 6.5 acres zoned residential (within the NAC). 

Z-112 has reportedly changed since the original application. The RA-5 is allegedly R-20 or R-30 - a concession from the developer given the strong opposition to RA-5 and in order to match the adjacent residential in the area. The other parcel that is intended to be commercial has not been fully ironed out.

July 2004 Rezonings

PLAN is not taking action, for or against, on any rezoning in July.

June 2004 Rezonings

Z-80: Located on the west side of Kennesaw Due West Rd., south of Stilesboro Rd. GC to NRC for the proposed use of a Day Spa. Tract is .611 acres. Applicant & Rep: Maurice B. Levesque

Z-81: Located on the southwest side of Stilesboro Rd., west of Kennesaw Due West Rd. R-20 to R-15 for proposed use of subdivision on 10.89 acres. Applicant: Palladian, Inc. Rep: Craig Wrigley. Looks to be in Low Density Residential.

LUP-16: Located on the east side of North Hadaway Rd. and Stilesboro. R-30 to Land Use Permit for the purpose of plumbing business. Tract is 4.4 acres. Applicant is Kenneth and Sherri Pike. Rep is Sams, Larkin & Huff, LLP. Looks to be VLDR.

May 2004 Rezonings

Z-51: N. side of Macland Rd., W. of Old Lost Mtn. Rd. from R-30, R-80 to R-20 OSC, RSL. This rezoning was denied by the PC as originally written. It is supposed to be replatted for R-20 OSC. PLAN has not seen the new plan and can't comment at this time. PLAN was opposed to the RSL as it goes against the ordinance.

Z-54: NW corner of Mars Hill Rd. and Burnt Hickory Rd. from R-30 to SC. Based on the FLUM, the tract in question is located in LDR and does not meet the higher density requirement of MDR or above. The product is supposed to be attractive and age restricted, but it could set the wrong precedent in terms of SCs in LDR or VLDR. PLAN wrote a letter opposing the application as written. The county's professional staff recommended denial.

February 2003 Rezonings

Z-23: R-30 to R-15 OSC, located on the west side of West Sandtown Rd., south of Dallas Hwy. Tract is 58.9 acres and is surrounded by R-30 and R-20. Looking at approximately 116 homes in $300 to $400K+ price range. This application is asking for a 100% increase in density. R-20 borders on the North & East, while R-30 borders on the South & West.

• This application is likely to have an adverse affect on the usability of adjacent and nearby properties given their 1-5 acre lots - it is out-of-character
• This application is likely to cause an excessive or burdensome impact on existing streets (winding and narrow), schools (Pine Mtn. Middle is severely overcrowded w/ 18 portable classrooms), and the environment (see potential siltation/erosion problems)
• The application is not in conformity with the policy and intent of the land use plan, which designates the property to be Very Low Density Residential. Additionally, the lots that are nearby or adjacent are larger than their R-30 designation might imply.

Z-23: PC Decision. The PC denied the petition of R-15 OSC. Sixty (60) were present in opposition and there were 100+ petitions, letters, and email in opposition. 

Z-23: BOC Decision. Meeting is Thursday, February 18 @ 9 am. A continuance was granted for a March rezoning.

Z-11: R-30 to R-20, end of Gus Robinson Rd. Extension, off Macland Rd. Applicant: Kip Givens Builders, Rep: Kip Givens, 770-321-9339. 28.6 acres for 34 units. R-20 does not belong in this very rural area of horse farms and multi-acre lots. NOTE: WITHDRAWN WITHOUT PREJUDICE (see PC 2/4/03 agenda)

March 2003 Rezonings

Z-32: NS to NRC, located on the north side of Dallas Highway, west Due West Rd. The Kroger Company is proposing a Gasoline Fueling Station on this .716 acre tract. 

• Note that we now have two gasoline stations on Dallas Hwy. that are adjacent to each other. This proposed use raises numerous issues around storage tanks and other significant environmental risks + the economic need for Kroger to drive traffic in this area for this particular store location.
  

Z-32: PC Decision. Passed 5-0 in Favor (recommendation to BOC). Please write letters (send or fax) to the BOCs to have this petition denied.

Z-32: BOC Decision. This petition passed. P.L.A.N. had some say in the stipulations, including the use of a pitched, asphalt shingle roof, and other assorted aesthetically pleasing conditions.

Z-23: BOC Decision. This petition was denied for R-20. It was a continuance from Feb.

Sample Letter for Z-32: Please customize this letter (Word Doc; on The Web) to fit your feelings and argument. Letters (sent or faxed) are the most powerful method of getting your input on record. At this juncture, we do not have reasonable assurance that email will definitely be included in the BOC packet for this rezoning. Note: If a user name box pops up, just hit Cancel.

Key Dates: Letter (send or fax) must be in to the county by 12 p.m. on March 12th (Weds.) to be included in the BOC packet. The BOC meeting is March 18th. 

April 2003 Rezonings: PC Meeting on April 1; BOC Meeting on April 17.

SLUP-8: Present Zoning: OI. Located on the north side of Macland Rd., at Bankstone Drive. Special Land Use Permit for a 150-foot telecommunications tower. App: Milestone Communications Services, LLC, Agent for Nextel Communications. Rep: Carolyn Gould @ 770-331-8376.

May 2003 Rezonings: PC Meeting on May 6; BOC Meeting on May 20.

Z-46: R-30 to R-20 OSC. East end of Gus Roberson Rd. ext., west of Hannah Place. App: Kip Givens Builder Inc. 770-321-9339. 27.15 acres. This property is mostly multi-acre lots - less dense than the current R-30 designation. Carried Forward to June.

Z-64: R-30 to R-20. Northwest corner of Villa Rica Rd. and West Sandtown. App: Pebblebrook Development, LLC. 678-738-0205. Rep: Atty. Kevin Moore (770-429-1499). 26.42 acres. This property has some water related issues that will make it difficult to develop as R-20. In 2002, there was a previous attempt to rezone this property. Carried Forward to June.

Z-50: R-30 to R-20. West side of West Sandtown Rd., north of Alan Dr. App: C D ventures, LLC (770-444-3930). Rep: Atty. Garvis Sams (770-422-7016). 24.678 acres. Withdrawn without Prejudice.

June 2003 Rezonings

Z-46: R-30 to R-20 OSC. East end of Gus Roberson Rd. ext., west of Hannah Place. App: Kip Givens Builder Inc. 770-321-9339. 27.15 acres. This property is mostly multi-acre lots - less dense than the current R-30 designation. Carried Forward from May. There is an issue with a few lots on the property, which is likely to be cleared up before the June meetings. Approved

Z-64: R-30 to R-20. Northwest corner of Villa Rica Rd. and West Sandtown. App: Pebblebrook Development, LLC. 678-738-0205. Rep: Atty. Kevin Moore (770-429-1499). 26.42 acres. This property has some water related issues that will make it difficult to develop as R-20. In 2002, there was a previous attempt to rezone this property. Carried Forward from May. The county plans on doing some soil and water tests to obtain additional facts about the property and in light of opposition comments about said areas. Approved 3-2; Goreham and Joe Lee Thompson opposed.

Z-77 & SLUP-11: The former is O&I (office & institutional) with stipulations to O&I with new stipulations. The latter is a petition for a 150' cell tower to be built on the Z-77 property given the new stipulations. The property is located on the North side of Macland at Bankstone Drive (funeral home). Rep is Carolyn Gould at 770-331-8376. Approved.

Z-80: R-30 to R-20. West side of Bullard Rd. & West of Villa Rica Rd. Rep is Randy Chambers at 770-427-8229. The current use of this property is less dense than the R-30 indicates, as is the use of the surrounding areas of multi-acre tracts. R-20 is not an appropriate use for this area. Withdrawn.

July 2003 Rezonings

Z-95: LRC, R-20 to NRC. Located at the southeast intersection of Kennesaw Due West Rd. and Stilesboro Rd. Rep is John Moore at 770-429-1499. Staff has recommended denial on this petition. Eckerd is free to build a store with a smaller footprint than the NRC would allow. PLAN is opposed to this petition. Denied - 3-2: W. Thompson and Lee in Favor.

Z-90: R-20 to OI. Located on the north side of Dallas Hwy., west of Midway Rd. Rep is John H. Moore at 770-429-1499. This petition is outside the node. It is spot zoning, which is illegal. PLAN is opposed to this petition. Denied.

August 2003 Rezonings

Z-108: R-80 to R-20. Located on the northwest intersection of John Ward Road. Tract is 22.117 acres. Proposed use is subdivision. Rep is Garvis Sams, Jr. at 770-422-7016. We would rather not see this type of increase in density - from 2 acre lots to 1/2 acre lots. The proposed homes are of high quality and the surrounding area is of similar density. It is unlikely that P.L.A.N. will actively oppose this petition.

Z-121: R-80 to PVC (Planned Village Community). Located on the northwest intersection of Macland Rd. and Villa Rica Rd. Proposed use is mixed use community. Size of Tract is 50.17 acres (PVC requires at least 50 acres). Rep is John H. Moore at 770-429-1499. PLAN has met with the developers for this site. The residential back portion of the tract is supposed to be R-15, with commercial and out-parcels in the front. PLAN does not support the current developer plan due to density and compatibility issues, as well as the way the PVC is configured. WITHDRAWN.

September 2003 Rezonings

Z-127: R-30 to R-20. West side of West Sandtown Rd., north of Alan Dr. App: C D ventures, LLC (770-444-3930). Rep: Atty. Garvis Sams (770-422-7016). 24.678 acres. A previous petition in this location (Z-50) in May of 2003 was withdrawn without prejudice. The tract is predominately surrounded by R-30, although a recent petition, Z-46, which is adjacent to the backside of the Z-127 property, was rezoned to R-20 back in May. Denied 5-0.

October 2003 Rezonings

Z-139: NS to NRC. Located on the northeast side of Due West Rd., southeast of Acworth Due West Rd. Rep: Garvis L. Sams, Jr. (770-422-7016). Proposed use: Dance Studio. Tract: .88 acres. Approved.

Z-140: R-30 to R-20 OSC. Located on the south side of Due West Rd., west of Antioch Rd. Milco Development. Rep: Garvis Sams (770-422-7016). Proposed Use: subdivision. Tract is 18.3 acres. This tract looks like it's surrounded by R-30 and some R-80 (not confirmed) and may not be compatible with surrounding areas. Approved.

Z-143: R-20 to LRC (limited retail commercial). Located on the west side of Stilesboro Rd., north of Kennesaw Due West Rd. Rep: Zeke Farriba (770-794-6030). Proposed Use: retail/office. Tract: 1.9 acres. The petitioner is looking to expand the current node (NAC) with the LRC designation. Deleted to LUP for 18 mos.

Z-147: LRO,NRC to NRC. Located on southwest side of Stilesboro Rd., north of Kennesaw Due West Rd. Rep: Sean Chang (770-452-1744). Tract: 1.5 acres. Proposed Use: retail. The main issue is the potential change of the LRO, which is a less intense use than the NRC and would be a better step-down to residential. Denied 5-0.

November 2003 Rezonings

Z-158: R-20 to RA-5. Located on the southeast intersection of Dallas Hwy. and West Sandtown Rd. Rep: J. Kevin Moore (770-429-1499). Proposed use: subdivision. Tract: 14.14 acres. PLAN met with the applicant, Roger Thomas, of this petition. Based on initial information that the RA-5 designation was permitted in the future land use plan, PLAN structured stipulations on this application, which has Dallas Hwy. frontage, that would essentially make it less than 2.47 units per acre (v. 5 allowable), with deed restricted green space, price points, and future units per acre not > 2.47. Given recent information on this application, this petition may not fit the character of the current area and the future land use plan. PLAN will write a clarifying letter to the county. Held by PC. PLAN is working with the applicant and local residents to craft a satisfactory position. PCs recommendation from their 12/2 meeting was to have the part of the parcel closest to the road at R-15, with the back part, R-20. Denied 4-1, Tim Lee in Favor.

 Another important variable with this application is the current trend of "for sale" signs on Dallas Hwy., with the signage explicitly stating "potential commercial." It is important to lock-in residential on Dallas Hwy. to prevent commercial expansion in the future. This petition may not be the one to further that objective, but it is something that needs to be considered and reconciled as Dallas Hwy. continues to digest commercial development.

Z-162: R-30 to CRC. Located on the southwest intersection of Dallas Highway and Kennesaw View Rd. Rep: Parks F. Huff (770-422-7016). Proposed Use: Office and retail. Tract: 5.8 acres. This petition is within the node (NAC). This petition is asking for CRC, which belongs in a CAC or RAC, v. NRC, which belongs in a NAC. As stated, this area is within a NAC. By virtue of the Cobb code, this petition does not fit within the law and it should be denied. Held by PC. The applicant deleted the request to NRC, which is still too intense at the edge of the node. There is a stream on the parcel and it's adjacent to residential. The staff has recommended LRO, which PLAN is supporting. PCs recommendation from their 12/2 meeting was to have the adjacent areas to residential as LRO, and the remaining land as NRC. Held by BOC

Also note that  “The NRC district may also be used to provide step down nodal zoning away from more intensive commercial uses within a community activity center or a regional activity center.” This petition does not even meet the step-down test within the NRC ordinance. A fast food restaurant and an O'Charley's (proposed) restaurant should NOT be next to residential within a NAC. This petition is asking for higher density than the law allows, and it does not pass the test for a step-down to residential. To reiterate, it should be denied. 

Z-167: R-20 to R-15 OSC. Located at the southeast intersection of Macland Rd. and Old Lost Mtn. Rd. Rep: J. Kevin Moore (770-429-1499). Proposed Use: subdivision. Tract: 38.85 acres. PLAN needs to better determine the surrounding uses and zonings for this petition. The land appears to be within Low Density Residential. Approved.

LUP-22: R-80 to LUP. Located on the northside of Due West Rd., west of Acworth Due West Rd. Rep: James A. Deville (678-354-6233). Proposed use: Office. Tract: 10 acres. This tract seems to be surrounded by R-80 (2+ acre residential lots) and the petition does not appear to be compatible with surrounding uses or the character of the area. Denied.

December 2003 Rezonings

There are NO rezoning petitions in the PLAN territory.

See November's Z-158 & Z-162 for updates

November/December (2002) Rezonings & Assorted Rulings