East Cobb Zoning & Development Archives

Powers Ferry-Terrell Mill Road development gets OK from Cobb Planning Commission, with changes

February 6, 2018 2:56 PMFebruary 6, 2018 1:20 PM by Wendy Parker

The Cobb Planning Commission is recommending approval of a Powers Ferry-Terrell Mill Road development that’s been held up for months, but made some changes Tuesday before sending it along for formal action later this month.

By a 4-1 vote the planning board approved rezoning a 23.9-acre tract at the northwest corner of Powers Ferry and Terrell Mill to community retail commercial (CRC) and multifamily residential (RM-16).

It’s slated to become what its developer, Eden Rock Real Estate Partners, is calling the MarketPlace at Terrell Mill, anchored by a Kroger superstore, and to include restaurants, retail shops, and an apartment building and a self-storage facility.

Eden Rock was requesting a Planned Village Community (PVC) designation after the commission held the application in December. Eden Rock initially sought CRC and urban condominium (UC), but sought a new category that would reduce proposed variances from 21 to 10 and made other changes.

Those changes weren’t enough to sway some planning commissioners and residents of the Salem Ridge condominiums, which are adjacent to the proposed apartments and self-storage building.

After a lengthy discussion, the planning commission included a set of stipulations in its recommendation that would reduce the height of the apartment building to three stories from four, and a maximum of around 220 units in all. The latest site plan had cut that number from 350 to 298.

“I don’t think this is too intense at all,” said planning commission Mike Terry, who represents District 2, which includes the Powers Ferry-Terrell Mill area.

His motion to approve PVC rezoning was voted down before planning commissioner Judy Williams moved to delete that category and replace it with CRC and RM-16.

As he has stated often during the long-delayed application process, Terry said that the Eden Rock proposal—an assemblage of property that includes the current site of Brumby Elementary School—is a key to reviving the Powers Ferry area, especially with the nearby relocation of the Atlanta Braves having provided a spark.

“This is vital to revitalize this whole corridor,” he said. “If this collapses, we’ll have a hodgepodge [of potential future development] . . . and would have the same thing we’ve got now.

“I want this community to be revitalized, and this is the first bite of the apple we’ve had.”

The development has been supported by the Powers Ferry Corridor Alliance, a civic group. But Salem Ridge residents echoed their concerns about density, traffic and potential noise from the complex, including an outdoor swimming pool planned for the roof of a parking deck next to the apartment building.

They also objected to the PVC request, which mandates a 50-acre minimum.

“This request just doesn’t fit,” said Salem Ridge resident Amy Patricio. “It’s too dense, and it doesn’t fit the code or the master plan.”

Planning commissioner Thea Powell, the lone dissenting vote, agreed, even after previously saying that “this not a PVC case.”

The Eden Rock proposal has been more than three years in the making. Partner Brandon Ashkouri said the site plan that was heard Tuesday was the 61st version of the project.

The Cobb Board of Commissioners will make the final decision on the application on Feb. 20.

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Developers of proposed Powers Ferry-Terrell Mill Road project seek new zoning category

February 3, 2018 12:50 PM by Wendy Parker

MarketPlace Terrell Mill rendering, Powers Ferry-Terrell Mill Road project — *A new rendering of the MarketPlace Terrell Mill project, which goes before the Cobb Planning Commission Tuesday.*

In December the Cobb Planning Commission decided to hold a zoning application for a major Powers Ferry-Terrell Mill Road project that was opposed by some nearby condominium dwellers.

When the case goes back before the planning board Tuesday, the proposed redevelopment will come with a request for a new zoning category and will bear a new name.

What had been tentatively called the Terrell Mill Towne Center is now being dubbed MarketPlace Terrell Mill.

Related coverage

Planning Commission holds Powers Ferry-Terrell Mill zoning case

The proposed mixed-used project still covers nearly 24 acres at the northwest intersection of Powers Ferry and Terrell Mill roads, and includes the site of the soon-to-be-vacated Brumby Elementary School.

It would still be anchored by a Kroger superstore, along with restaurants, retail shops, as well a high-density apartment complex and self-storage building that have been opposed by residents of the adjacent Salem Ridge condominiums.

Instead of seeking community retail commercial (CRC) and urban condominium (UC) rezoning, the developers are now asking for the designation of planned village community (PVC), a rare category in use in Cobb County.

The attorney for the applicant, SSP Blue Ridge LLC, said a “huge amount of changes” also include settling on Colonial-style architecture throughout the development, and “tilting” the singular apartment building 180 degrees from the original proposal to alleviate concerns by nearby residents.

Powers Ferry-Terrell Mill Road project — *The rendering from Terrell Mill Road, with the proposed self-storage building in the front of a 298-unit apartment building. The Salem Ridge condominiums are to the left.*

Instead of more than 20 variances in the initial request, the PVC would reduce those variances to around 10 or so, according to Garvis Sams, who represents the applicant.

Some Salem Ridge residents who opposed the rezoning in December think the new request is improved, but are still worried about traffic and density issues.

“It’s a step in the right direction, but I don’t think this is it,” said Salem Ridge resident Robert Thompson, who spoke against the proposal at the planning commission hearing in December.

While he understands the need to redevelop the Powers Ferry-Terrell Mill intersection, and that “a lot of wheels are in motion,” he thinks the developers haven’t come far enough in addressing his concerns.

The number of apartment units have been reduced from 350 to 298, and the building has been reduced from five to four stories. The adjacent self-storage facility would be three stories, also with the same architecture (see revised site plan below).

The Powers Ferry Corridor Alliance, a civic group formerly named the Terrell Mill Community Association, has supported the project all along, and urged members to attend Tuesday’s hearing “to help show that the PFCA has a role in supporting positive change in the community!”

One of the variances is significant. To get PVC zoning, a piece of property must be at least 50 acres. The Powers Ferry-Terrell Mill land isn’t half that.

Sams said a waiver request from that minimum acreage is included in a stipulation letter sent Jan. 23 to the Cobb zoning staff, which is recommending approval of the rezoning.

Noting the geographical reality of the property, Sams said the most recent PVC rezoning in Cobb—the West Village Smyrna project approved 13 years ago—also comes in under 50 acres.

Here’s a PDF of the stipulation letter submitted to the Cobb zoning staff that includes the revised site plan.

The Planning Commission meeting begins at 9 a.m. Tuesday in the second floor board room of the Cobb Government Building, 100 Cherokee St., in downtown Marietta.

The planning board’s recommendation is advisory; the final decision is up to the Cobb Board of Commissioners on Feb. 20.

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Sprayberry Crossing Shopping Center subject of March public meeting

February 2, 2018 4:54 PM by Wendy Parker

A citizens group that’s been trying to address the decaying Sprayberry Crossing Shopping Center is organizing a public meeting next month to bring more attention to the issue.

Joe Glancy of the Sprayberry Crossing Action Facebook group said Friday the meeting is scheduled for March 21 at 6 p.m. at the theater of Sprayberry High School (2525 Sandy Plains Road).

He said plans are to invite county and state officials, but didn’t have any other details.

Located on 13 acres on Sandy Plains Road at East Piedmont Road, Sprayberry Crossing Shopping Center was built 40 years ago, in 1978, with more than 140,000 square feet of space and with contemporary cedar trim design. The anchor stores were supermarkets—first an Ogletree’s and then a Bruno’s—and a bowling alley also operated there.

Today, it houses only a few businesses and organizations in run-down buildings that have been in that state since the 1990s. The parking lot is bumpy and riddled with potholes, and nearby residents have long complained about it being a community eyesore.

One of those residents is Glancy, who oversees the group’s Facebook page that has nearly 3,800 members.

Last month, he conducted a survey of group members to decide how to move forward. Glancy said most of the respondents preferred a public meeting. He wrote on the group’s page:

“This year, it is time to hold people accountable and make our voices heard. Don’t let your county representatives tell you how much they care about this issue – it’s time they showed you.

“As for the ownership, it’s probably time the community organized a communications initiative to make sure the owners are made aware of the level of our frustration.”

There’s a long, drawn-out back story to the Sprayberry Crossing Shopping Center, complicated by the location of a private cemetery and other issues as detailed last summer by the Cobb County Courier.

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Self-storage facility proposed on former Mountain View Elementary School site

February 1, 2018 2:52 PM by Wendy Parker

Last fall the former Mountain View Elementary School site was rezoned for a major mixed-use development (previous East Cobb News post here) that is to include restaurants, shops and other small businesses.

Now, the developers are coming back through the rezoning process to request that a self-storage facility be allowed on the nearly 14-acre tract at 3448 Sandy Plains Road.

Brooks Chadwick Capital, LLC is seeking a special land use permit to construct a three-story facility that would be located at the southwest corner of the property and adjacent to the East Cobb Senior Center and the The Art Place-Mountain View.

The application will be heard Tuesday by the Cobb Planning Commission, which meets at 9 a.m. in the second floor board room of the Cobb government building, 100 Cherokee St., downtown Marietta.

Brooks Chadwick has submitted a revised site plan and renderings for the facility (agenda item packet here), which would contain 105,340 square feet of space and 13 parking spaces.

The above rendering, which features a brick Colonial style to the exterior of the building, was worked out between the developer and nearby residents and was submitted in December.

The Cobb zoning staff is recommending approval of the application with several conditions, including final architectural and landscaping plan approval coming from the district commissioner, and continuing existing stipulations that were part of the rezoning case last year.

The planning commission is an advisory board appointed by members of the Cobb Board of Commissioners, which will decide this and other rezoning, land use permit and related business on Feb. 20.

The rest of the February zoning schedule can be found here.

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Johnson Ferry-Lassiter Road zoning application proposes restaurant, gym, retail use

December 28, 2017 7:09 PM by Wendy Parker

The first look at the February zoning calendar is out (Cobb doesn’t handle zoning cases in January), and the preliminary agenda includes a Johnson Ferry-Lassiter Road zoning case that would convert a vacant medical complex for a restaurant, gym and retail use.

The applicant for Z-4 is Robert Licata of Pediatric Medical Care of East Cobb, LLC, who wants to rezone the 1.09-acre parcel at the southwestern corner of Johnson Ferry Road and Lassiter Road from low-rise residential (LRO) to neighborhood retail commercial (NRC).

There are two buildings on the site, which is accessible only on Lassiter Road, and the proposal includes space for a learning center.

The site plan filed with the Cobb Zoning Office would make use of the existing buildings as they are, as well as the existing parking lot. The buildings total around 10,000 square feet combined.

The businesses would be open from 8 a.m. to 9 p.m. seven days a week, and there would be no drive-through businesses on the property, according to the zoning filing.

There is NRC zoning in the vicinity, but the property is adjacent to a residential complex (zoned RA-5).

There’s not a staff recommendation now since only the preliminary calendar has been released. The case will be heard during the Cobb Planning Commission meeting on Feb. 6.

The site of the former Mountain View Elementary School was rezoned in October for a multi-use commercial project that includes a restaurant, retail space, a bank and a supermarket (previous East Cobb News post here).

The developer, Brooks Chadwick Capital, LLC, has applied for a special land use permit that’s also on the Feb. 6 agenda that would allow for a self-storage facility to be built on the nearly 14-acre site on Sandy Plains Road.

Another East Cobb case, Z-15, would convert 1.2 acres on the east side of Lawana Drive, south of Allgood Road, from single-family residential (R-20) to RM-8, multi-family residential. The applicant, Traton Homes, LLC, wants to build five townhomes.

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Chick-fil-A Woodlawn Square expansion plans approved by Cobb commissioners

December 20, 2017 12:35 PM by Wendy Parker

The construction of a double drive-through at the Chick-fil-A Woodlawn Square store in East Cobb was approved at Tuesday’s Cobb Board of Commissioners zoning hearing.

The rezoning request was approved 4-0 by the commissioners on their consent agenda. Interplan LLC, which operates the Chick-Fil-A store at 1201 Johnson Ferry Road, wants to reconfigure the parking lot to accommodate the expansion, and needed to convert a parcel of .15 of an acre from community retail to neighborhood shopping (previous East Cobb News post here).

The drivethrough plans include a canopy, as shown in the above rendering, the design of which, as well as other architectural renderings, must be approved by District 2 commissioner Bob Ott.

Other conditions include limiting construction vehicles to the Chick-fil-A site, and not allowing them to be parked along Johnson Ferry Road and Woodlawn Parkway while the renovations are in progress.

Commission chairman Mike Boyce recused himself from the vote, saying he frequently attends a men’s group meeting at the Chick-fil-A.

Zoning cases that do not generate opposition are commonly placed on the consent agenda and are voted on collectively.

The commissioners also voted 5-0 to approve a rezoning request by Walton Riverbend (previous East Cobb News post here). The rezoning was necessary for the developer to relocate its headquarters to the 46-acre Walton on the Chattahoochee residential site on Akers Mill Road.

The application is for a master plan for the Walton Riverbend office, as well as stipulations to guide a future mixed-use development that would keep an existing 26-unit residential building, and allow for new office buildings totaling 16,800 square feet.

“The only thing that will be approved today is the moving of the office,” Ott told his colleagues before the vote.

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Walton on the Chattahoochee rezoning case on Cobb commissioners’ agenda

December 18, 2017 2:29 PM by Wendy Parker

A proposal to rezone the Walton on the Chattahoochee residential complex on Akers Mill Road is on the agenda for the Cobb Board of Commissioners on Tuesday.

The meeting begins at 7 p.m. in the 2nd floor commissioners meeting room at 100 Cherokee St., downtown Marietta.

It’s one of just a few East Cobb cases on the agenda that will be heard after the Cobb Planning Commission voted earlier this month to table or continue two other major applications in the same Powers Ferry corridor.

The planning board voted on Dec. 5 to table the proposed Terrell Mill Towne Center, at the corner of Terrell Mill and Powers Ferry roads, after residents at the adjacent Salem Ridge condominium complex protested (previous East Cobb News story here).

Another residential proposal, to build townhomes at Windy Hill Road and Wildwood Parkway, is being continued after objections from nearby residents.

The Walton on the Chattahoochee rezoning case also drew opposition from residents in nearby condominium communities in the Akers Mill Road corridor, but the Planning Commission voted to recommend approval. Walton Riverbend, the property owner which has its headquarters on the property, wants to convert the 46-acre tract into three office buildings totaling 16,800 square feet and to keep a 26-unit residential building.

The complex was once known as the Riverbend Apartments, and was a trend-setting development for young renters in the 1970s. Now the area is being eyed for more upscale commercial and residential development with the addition of SunTrust Park in the Powers Ferry corridor.

Kevin Moore, Walton Riverbend’s attorney, said at the planning board hearing that there are no other intentions to develop the property. “We want to set this up for the future,” he said.

That open-ended intent bothered residents of nearby communities. Brian Cipriani of the Chattahoochee Trail complex said Walton Riverbend has engaged in “constant misrepresentation about how it’s going to be developed and what’s going to take place.”

Cipriani said that “it’s inconsistent to add office space along the river,” and that he’s not the only homeowner who’s spent money trying to prevent runoff issues.

Planning Commission chairman Mike Terry, who represents the area, said the proposal “truly is a plan for the future” and added that any “trust issues” residents had with the developer are “with what’s gone on in the past.”

Still, the planning board was split 3-2, with Galt Porter and Thea Powell opposed.

The rest of the commission zoning hearing agenda can be found here.

Cases that are continued or held will be taken up in February, since Cobb does not conduct zoning hearings in January.

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Redevelopment of blighted Canton Road property may be altered after zoning hearing

December 6, 2017 4:46 PM by Wendy Parker

One of the ugliest blots along a Canton Road corridor that’s long been the subject of redevelopment efforts appears to be going away soon, but what will come in its place is uncertain.

The owner of an 0.87-acre parcel of land just north of the Canton Road Connector wants to convert a long-abandoned gas station into a kitchen and cabinet showroom, but after a Cobb Planning Commission meeting Tuesday, those plans might be in limbo.

Planning board member Judy Williams, who represents the Canton Road corridor, expressed frustration that the property owner hadn’t submitted detailed plans. Those include meeting design guidelines as part of the Canton Road Corridor Plan.

PetroPlex Joint Venture, the property owner, has not forwarded any renderings, and was to have included stipulations to remove the canopy and front signage from the old gas station.

PetroPlex had requested to rezone the land currently designated for general commercial (GC) to neighborhood retail commercial, or NRC (agenda item packet), since it had been vacant for so long.

Saying she “had high hopes” for the redevelopment of the property, Williams made a motion instead to recommend approval of a low-rise office category (LRO), and her motion passed 5-0.

The planning board’s vote is advisory. The Cobb Board of Commissioners will make a final decision on Dec. 19, but the case illustrates the challenges of cleaning up blighted properties along Canton Road.

Canton Road redevelopment — *A former gas station at 2120 Canton Road (starred) is located within a Neighborhood Activity Center (NAC) future land use area.*

The property at 2120 Canton Road has been vacant since 2003. Civic and business groups in the area didn’t like the rezoning request because of the lack of details.

While the former gas station has been “a true eyesore” in the community for years, Carol Brown of the Canton Road Neighbors civic association was troubled that no stipulation letters specified the canopy removal.

Her group drafted a letter including that request and asked for a prohibition against southbound turns onto Canton Road, limiting traffic to “a right in, right out” pattern.

Eric Hodge of PetroPlex said he has “spent a lot of money abating a nuisance,” telling the planning board he found out about the canopy removal request only on Tuesday. Fuel tanks from the old gas station were removed earlier this year, as the company acquired the land. Plans call for renovating and expanding the existing building for the showroom, which would be open from 8-5 Monday-Friday and employ 4-6 people.

He said keeping the canopy “is an integral part of the business,” and that he has been “trying to take a bad property and make it nice.”

Williams said she didn’t understand how leaving the canopy standing would have that effect. In her motion, she included language that it be removed, and that new signage fitting the design guidelines also be part of the site plan.

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Cobb Planning Commission votes to hold Terrell Mill Towne Center rezoning case

December 6, 2017 2:37 PMDecember 5, 2017 2:33 PM by Wendy Parker

After nearly two hours of discussion that included heated opposition from residents in a nearby townhome complex, the Cobb Planning Commission on Tuesday voted to hold the long-delayed rezoning request for the proposed Terrell Mill Towne Center.

By a 3-2 vote, the Planning Commission—which is an advisory board to the Cobb Board of Commissioners—requested more time to sort out a major, complex application that was filed in January.

Traffic and density issues were the primary concerns raised by Thea Powell, Galt Porter and Skip Gunther, the three planning board members who opposed the proposal to rezone nearly 23 acres at Powers Ferry Road and Terrell Mill Road. The mixed-use project, which would be anchored by a Kroger superstore, was to have gone before Cobb commissioners Dec. 19.

The latest delay will push back a formal vote until at least February, since Cobb zoning cases are not heard in January.

The $200 million Terrell Mill Towne Center (agenda packet item) also would also contain restaurants, retail shops, and most controversially, a 310-unit luxury apartment complex abutting the Salem Ridge townhomes on Terrell Mill Road.

Related coverage:

Cobb Planning Commission Chairman Mike Terry of East Cobb, who represents District 2, where the Terrell Mill Towne Center would be located, was in strong support of the development by Eden Rock Real Estate Partners. So was Judy Williams of District 3 in Northeast Cobb, who said the project “would be good for the neighborhood, but will have to be tweaked.”

While the Powers Ferry Corridor Alliance—formerly known as the Terrell Mill Community Association—overwhelmingly supported the rezoning, Salem Ridge homeowners expressed strong opposition, especially to the residential component they say is excessively dense for the area.

“Why do we have [zoning] codes at all if we are going to ignore them?” asked Amy Patricio, who represented the opposing Salem Ridge residents.

She argued that the multiple variances requested by developers amounted to “taking the code and rewriting it to serve their purposes.”

Although Terry and Garvis Sams, the attorney for the developers, pointed out that the full proposal is suitable under the Cobb future land use plan and Power Ferry Master Plan, it was the residential component and a self-storage facility that opponents objected to the most.

In particular, Patricio said the UC zoning category sought for the apartments—Urban Condominium—was far more dense than should be allowed, and that there were an “egregious” number of variances as part of the project.

Porter, of South Cobb, agreed about the density issue, pointing to the project’s proposed 60 units an acre, as compared to the current nearby maximum of five units an acre.

“This just doesn’t match Salem Ridge or anything else around here,” he said, calling it “the definition of spot zoning.”

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Terrell Mill Towne Center rezoning goes before Cobb Planning Commission

December 3, 2017 4:04 PMDecember 3, 2017 3:07 PM by Wendy Parker

We posted back in October some details about the proposed Terrell Mill Towne Center development that’s finally coming up for rezoning this month after months of delays.

The first step in the process comes Tuesday, when the developer, Eden Rock Real Estate Partners, gets a hearing before the Cobb Planning Commission for its 23-acre plan at the northwest corner of Terrell Mill Road and Powers Ferry Road.

The meeting starts at 9 a.m. in the 2nd floor commissioners meeting room, 100 Cherokee St., downtown Marietta.

The Cobb Zoning Staff packet and analysis includes a general recommendation of approval of the application with quite a few stipulations related to traffic, including that the developer conduct a traffic study.

The staff document also contains photos of landscaping and lighting plans submitted by the developer, as well as signage height dimensions for the Kroger superstore that’s the anchor component of the project.

Eden Rock (the formal applicant is SSP Blue Ridge, LLC) wants to convert land presently zoned for general commercial, neighborhood shopping and low-density residential (including the present location of Brumby Elementary School) to community retail commercial and urban condominium categories.

In addition to the 100,000-square-foot Kroger, Terrell Mill Towne Center would include restaurant and retail space and 340 luxury residential units.

Here’s Eden Rock’s prospectus it posted in October.

Also in October, the developers and Cobb government and school officials outlined the project at a meeting of the Powers Ferry Corridor Alliance, a civic group formerly known as the Terrell Mill Community Association. That group has expressed general support for the Eden Rock project as a boost for the Powers Ferry area.

The development also is timed for the opening of a new Interstate 75 interchange at Terrell Mill Road.

In its analysis, the Cobb Zoning staff recommended that the developer donate right of way for traffic improvements, including a minimum of 50 feet on the west side of Powers Ferry Road, and a similar distance on the north side of Terrell Mill Road.

The traffic study recommendation includes a long-term build-out assessment of 10 years, as well as the installation of traffic signal on Powers Ferry Road at least that’s at least 1,000 feet from the intersection of Terrell Mill Road.

Eden Rock also has proposed a traffic signal on Terrell Mill Road that would partially shut off access to the Terrell Mill Plaza (where the LA Fitness Center is located).

Zoning staff is recommending that a new access point be created at the rear of Terrell Mill Towne Center to coordinate with the Terrell Mill Plaza entrance, and that the developer build raised concrete islands on Powers Ferry Road and Terrell Mill Road.

The rest of Tuesday’s Cobb Planning Commission agenda can be found here, along with preliminary staff analysis.

Staff recommendations and the planning commission’s votes are advisory; the final say comes from the Cobb Board of Commissioners on Dec. 19.

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Keheley Drive rezoning proposal denied by Cobb commissioners

November 21, 2017 7:50 PM by Wendy Parker

A proposed high-density residential development on wooded land located in a floodplain along Keheley Drive was rejected Tuesday by the Cobb Board of Commissioners.

By a 4-1 vote, the commissioners denied a request by David Pearson Communities Inc. to rezone 26 acres from R-20 to a much higher residential density category, R-12, for 51 single-family homes.

That would have allowed nearly three units an acre in a residential area with no similar density, which drew plenty of community opposition.

“R-12 doesn’t fit in this neighborhood,” Northeast Cobb commissioner JoAnn Birrell said in moving to recommend denial of the application. “It is way too dense for this area.”

In addition to the high-density zoning category, the developer also sought a number of variances that included spacing homes only 10 feet apart (instead of the minimum of 15 feet), and 12 of the proposed homes would have been located in the 100-year Rubes Creek floodplain that has spilled over several times in recent years, including this summer.

N.E. Cobb residents sound off on zoning cases

As he did during a Cobb Planning Commission hearing earlier this month, a representative of nearby several homeowners associations showed photos of flooded homes and streets, including the major 2009 floods that prompted several homes in the Country Meadows neighborhood to be condemned.

The same property, owned by the Ruggles family, was proposed for rezoning in 2007 to R-15 for 39 homes, but that request was turned down.

The developer this time included stormwater management stipulations to address flooding, but not to the satisfaction of the community nor the commissioners.

Kevin Moore, an attorney for David Pearson Communities, noted that since the land is in the hands of an estate, it must be sold and is bound to be developed someday. If it is built out under the R-20 category, he added, it may not need the flooding stipulations that come with a higher density.

“What zoning can offer is to work the developer to address stormwater concerns,” he said. “The opposition has chosen to simply oppose.”

Resident Doug Boutwell of the Enchanted Woods subdivision, who said he’s encountered stormwater issues living where he does, took exception to those comments.

In his dissenting vote, East Cobb commissioner Bob Ott said that “you’re not going to get the flooding fixed if you deny” and thought that an R-15 category (which includes Enchanted Woods) might be worth considering. “The fact that there was flooding this year shows that there’s a problem.”

But local opposition was especially vocal. The rezoning proposal is close to Keheley Elementary School, where more than 80 people turned out for a Nov. 2 community meeting.

Many homes had yard signs expressing opposition, and Bergin said he was representing nearly 800 individuals in several communities and got nearly 500 signatures objecting to the rezoning.

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Northeast Cobb residents sound off on zoning cases

November 9, 2017 1:33 PM by Wendy Parker

Some high-density zoning cases we’ve written about here in the last week got their first formal hearing on Tuesday, as Northeast Cobb residents gave an earful to the Cobb Planning Commission.

The commission engaged in virtually no discussion before voting 5-0 to recommend denying a proposal that would rezone 26 acres on Keheley Drive for 51 single-family homes, or nearly 3 units an acre. David Pearson Communities Inc. is seeking zoning from R-20 to R-12, but there’s nothing nearby that’s zoned for that density.

A similar plan was rejected a decade ago, on the same land that’s in the possession of the Ruggles family. But it’s not just density that prompted around 50 nearby residents to show up in opposition.

It’s also about flooding.

Eric Bergin, a resident of the Lakewood Colony neighborhood who spoke on behalf of several homeowners associations (totaling around 800 residents), showed dramatic slides from floods in 2009 that ravaged the nearby Country Meadows community, after which six low-lying homes had to be condemned.

The Ruggles property, which sits partially in a flood plain, is largely undeveloped, and includes Rubes Creek, a tributary of Noonday Creek.

Part of the Cobb zoning staff’s recommendation of denial also included flood plain and water retention issues that residents said would grow worse.

“We get the runoff from everywhere,” Bergin said, referencing Lakewood Colony. “This is going to cause even more water to come down.”

In June, he said, the nearby Enchanted Woods community sustained some flooding damage, as did Country Meadows again during October rains.

“The flooding and the traffic impact are too hard to ignore,” he said.

Judy Williams, who represents District 3 on the planning commission, offered the board’s only comment on the matter: “There are so many problems. Flooding has been a problem here forever.”

The planning commission’s vote is only advisory; the Cobb Board of Commissioners will make the final decision on Nov. 21.

In another Northeast Cobb zoning case, however, the planning commission voted to recommend approval of a higher-density proposal on a smaller scale that still drew community opposition.

By a 4-1 vote, the planning commission endorsed a proposal by EAH Acquisitions to rezone 12 acres on Wigley Road at Jamerson Road for 19 single-family homes.

Residents from the Falconcrest and other neighborhoods spoke in opposition, mainly for traffic reasons, and pointed to other nearby zoning and development plans that are still in the works.

“It’s not a bad plan but it just not the right timing,” said resident Patrick Cahill. “There are a lot of issues in this area already.”

However, the strongest objection came from Thea Powell, the only planning commissioner who voted no. A former District 3 member on the Cobb commission, she also cited the Country Meadows flooding issue in regards to the EAH Acquisitions application.

The land sits in a 100-year floodplain and includes a stream that flows into Rubes Creek. While other planning commissioners liked the proposal, including the architectural features, Powell was adamant.

“It doesn’t matter what the house looks like,” she said. “It’s the impact on the area.”

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Northeast Cobb residential proposals highlight Planning Commission agenda

November 8, 2017 2:45 PMNovember 6, 2017 1:03 PM by Wendy Parker

Wigley Road rezoning, Northeast Cobb residential proposals — *An old farm-style house on Wigley Road. (East Cobb News file photo)*

Last week we wrote about two rezoning applications for Northeast Cobb residential proposals that go to the heart of density disputes.

Those two items are part of a larger agenda to be heard by the Cobb Planning Commission Tuesday that includes other similar applications in the area.

The meeting begins at 9 a.m. in the 2nd floor boardroom of the Cobb BOC Building, 100 Cherokee St., downtown Marietta.

The Cobb zoning staff is recommending denial of a proposal to squeeze nearly three single-family units an acre, or 51 homes in all, on 26 acres on Keheley Drive, near Keheley Road and Keheley Elementary School.

That case, Z-74 (agenda item packet), is being opposed by nearby residents, who live in lower-density homes.

The zoning staff initially recommended denial of Z-71 (agenda item packet), which would rezone 13 office and low-density residential acres for higher-density residential for a 45-unit subdivision on Hilltop Drive and Hilltop Circle, off Canton Road.

The rezoning would allow for nearly three and a half units an acre, a density staff said would not be suitable, since lower-density housing surrounds the land. Homes in the adjoining Addison Heights neighborhood are zoned for only 1.5 units an acre.

A number of variances would also be required, as would improvements to Hilltop Drive and Hilltop Circle, which are both described in the staff analysis as “substandard” streets.

However, that case has been continued to December.

Two parcels of land once belonging to the Wigley family in and around Sweat Mountain were scheduled to be heard Tuesday, but one of them, Z-56 (agenda item packet), also is being delayed to December.

That application would rezone 55 acres of undeveloped land plus an old Wigley family home on either side of Wigley Road, north of Summitop Drive, for a single-family subdivision with more than 80 homes. This is the third time the application is being continued.

A nearby application, Z-69 (agenda item packet), would rezone 12 acres at Wigley Road and Jims Drive for 19 homes, and zoning staff is recommending approval with numerous conditions.

The following East Cobb items are included in the Other Business category and will be heard by the Cobb Board of Commissioners Nov. 21:

OB-55, by Feroz Ali, a revised site plan for vacant property at 1445 Powers Ferry Road to redevelop a gas station and convenience store adjacent to the Valencia Hills condominium community;
OB-57, by St. Clair Holdings, a site plan amendment for 12 high-density residential lots at 1149 Woodlawn Drive, in the Woodlawn Commons neighborhood.

Another major East Cobb zoning case that had been scheduled for November will be heard next month. That’s for the proposed Terrell Mill Towne Center at Terrell Mill and Powers Ferry that will include a Kroger supermarket anchoring shops, restaurants and residential units.

That application goes before the planning commission Dec. 5.

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Keheley rezoning case reflects density issues brewing in Northeast Cobb

November 8, 2017 2:40 PMOctober 31, 2017 6:29 PM by Wendy Parker

The community around Keheley Elementary School maintains something of a tucked-away feel, with winding country-style roads, lushly wooded areas and a mix of single-family home styles on generous lots.

This part of Northeast Cobb still feels like it has some elbow room. If you travel westbound on Keheley Drive, close to where it intersects with Keheley Road, and look off to the right, you’ll see a thick scrub of land that drops down behind trees. A dirt path provides an opening into nearly 26 acres of land.

There are two homes, one built in 1910 and another in 1957, at 4351 and 4371 Keheley Drive, on land that’s otherwise designated for conservation use. The acreage is located within the floodplain and stream buffer associated with Rubes Creek.

That’s where an East Cobb luxury home developer wants to build 51 single-family homes (site plan at left). A request to be heard next week by the Cobb Planning Commission (agenda item packet) is seeking a higher density use than the surrounding neighborhoods.

David Pearson Communities, Inc. has applied for rezoning from R-20 to R-12, which would allow up to three units per acre. Nearby homes are zoned either R-20 or R-15, and there’s plenty of visible community opposition.

Small yellow signs with red lettering pop up intermittently along Keheley Drive and Keheley Road, in front of homes and neighborhood entrances:

“Save Keheley! No Rezoning.”

The parcel in question is in the hands of the estate of Collene Ruggles, who died in 2016.

The Ruggles land previously came up for zoning in 2007, from R-20 to R-15, but it sits undisturbed today, in an area that’s encountering some of the same density issues that have been increasing in East Cobb.

Not far away in Northeast Cobb, land belonging to the estate of another longtime family property owner is also going before the Planning Commission for higher-density zoning.

EAH Acquisitions, Inc., is seeking rezoning from R-30 to R-15 to build 19 homes on 12. 29 acres at the northwest corner of Wigley Road and Jims Road. The titleholder is the estate of Dorothy Henrietta Wigley, who also died in 2016. She was a member of the Wigley family that was a major property owner, including Sweat Mountain and much of the present-day Mountain View area.

*The only remaining structure on the Wigley property, which is proposed to be developed into a single-family subdivision.*

While the Wigley application got a recommendation of approval with conditions from the Cobb zoning staff—since R-15 zoning is in effect in nearby and adjacent communities—the Keheley case did not.

In fact, the zoning staff analysis strongly recommends denial of the request. David Pearson Communities wants to build homes with at least 2,500 square feet of space on small lots. Among the variances would be to reduce the distance between residences to 10 feet from the minimum 15 feet.

Not only are other homes in the area not as densely packed, but according to Cobb zoning staff, 12 of the 51 lots in the proposed site plan don’t meet the minimum code required area above the floodplain.

The Cobb zoning staff also pointed out that the rezoning request doesn’t conform with the Cobb County Comprehensive Plan, since the Ruggles property is designated as being in a Low-Density Residential area (LDR), or no more than 2.5 units an acre.

The Cobb Planning Commission meets Wednesday, Nov. 7, at 9 a.m. in the 2nd floor boardroom of the Cobb BOC Building, 100 Cherokee St., in downtown Marietta.

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Proposed Terrell Mill Towne Center project subject of community meeting

November 8, 2017 2:35 PMOctober 24, 2017 12:23 PM by Wendy Parker

What’s currently the location of Brumby Elementary School and adjoining office and retail space along Powers Ferry Road is set to become the Terrell Mill Towne Center.

That’s the name the developers of a proposed 23-acre mixed-use project at the northwest intersection of Terrell Mill and Powers Ferry are calling their project. It is to be anchored by a 100,000-square-foot Kroger superstore, and plans include restaurant and retail space and 340 luxury residential units.

Eden Rock Real Estate Partners, which has a zoning application before the Cobb Board of Commissioners, will detail their plans Wednesday at a meeting held by the Powers Ferry Corridor Alliance.

That meeting takes place at 7 p.m. at Brumby Elementary School, 1306 Powers Ferry Road. The PFCA, a citizens’ organization, was formerly called the Terrell Mill Community Association.

County development, public safety, transportation and school officials also have been invited to attend.

Brumby, which is relocating for the next school year to a new site on Terrell Mill Road, is where the new Kroger would be built (and moving down Powers Ferry from its current venue near Delk Road).

(Here’s a marketing package Eden Rock has prepared for potential tenants, touting the location’s proximity to SunTrust Park and the new Terrell Mill interchange with Interstate 75 that’s slated to open next spring.)

Eden Rock’s zoning application (here’s the most recently updated agenda item packet) has been delayed several months. The proposal would convert land currently zoned for general commerical, neighborhood shopping and residential (that’s Brumby, as are most schools) to a community retail center.

The Cobb Planning Commission will hear the application on Dec. 5, and the Cobb Board of Commissioners are scheduled to act on Dec. 12.

This will be the final round of zoning decisions in Cobb until February, since the commissioners do not hear zoning cases in January.

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!

Former Mountain View Elementary School redevelopment approved

October 17, 2017 11:01 AM by Wendy Parker

By a 5-0 vote Tuesday morning, the Cobb Board of Commissioners approved a proposal for the former Mountain View Elementary School redevelopment plan on Sandy Plains Road.

The applicant, Brooks Chadwick Capital, LLC, wants to raze the school to build a 103,000-square foot development to include restaurants, retail, a bank and supermarket (agenda packet here).

The plan calls for seven separate buildings on the 13.8-acre site, which is owned by the Cobb County School District, and would include and expanded buffer at the back property line that is adjacent to the Hunters Lodge neighborhood.

“I think we’ve made a lot of progress,” Northeast Cobb commissioner JoAnn Birrell said, explaining the multiple meetings between the developer and residents who had opposed the rezoning.

After the Cobb Planning Commission recommended rezoning approval from R-20 to CRC (previous East Cobb News post here), the developer’s attorney Kevin Moore, presented additional stipulations at Tuesday’s meeting to address nearby residential concerns.

Those stipulations, which were submitted in an Oct. 12 letter, include no automotive, convenience store, liquor, laundromat and dry cleaning services in the back three buildings.

A 30-foot undisturbed buffer between the back property line and the residential area would include an eight-high fence, plus an additional 20-foot landscape buffer. The fencing would be enclosed at either end of the property line, and would be inspected by a certified arborist, Moore said.

Moore also stressed that at no location within the development will amplified outdoor entertainment be allowed, a stipulation he said is similar to The Avenue at East Cobb.

The redevelopment was supported by the East Cobb Civic Association.

Birrell moved to approve the rezoning, subject to the latest stipulations and final site plan amendment, as well as a landscaping plan that she would approve as the district commissioner.

“There have been some long meetings, but I think it’s going to be a win-win-for the community,” Birrell said.

In other East Cobb items at Tuesday’s zoning hearing, an application to rezone 2.172 acres at Lower Roswell Road and Bermuda Drive from R-20 to R-15 was withdrawn without prejudice. The Planning Commission voted to recommend denial earlier this month after strong community opposition (previous East Cobb News post here).

Northeast Cobb restaurant gets liquor license despite community opposition

October 10, 2017 6:45 PM by Wendy Parker

Paprik'a, Northeast Cobb restaurant — *The proposed Paprik’a restaurant is located at the former sites of a Pizza Hut and Donny’s Home Cooking on Sandy Plains Road. (East Cobb News photo by Wendy Parker)*

The Cobb Board of Commissioners on Tuesday approved a request for a liquor license for a proposed Northeast Cobb restaurant that has been fought by nearby residents for the last two years.

By a 4-1 vote, the commissioners granted the alcohol permit to Naseeb Rana of Kasbah Corp., who wants to open the Paprik’a Restaurant at 4674 Sandy Plains Road. The space has been empty since 2015, and is adjacent to the Sandy Plains Village Shopping Center, at Sandy Plains and Woodstock Road (Highway 92).

Only commissioner JoAnn Birrell, whose district included the area until last year, voted against Rana’s application. The commissioners took up the matter after Rana appealed a denial for a pouring license by the Cobb License Review Board.

Residents from the Chatsworth, Jefferson Park and Jefferson Township neighborhoods, located just south of the commercial area off Sandy Plains, have said Rana has not been forthcoming with her plans since trying to get the alcohol license.

Paprik'a location map — *The star signifies the proposed Paprik’a restaurant site. Click for a larger view.*

They said she hasn’t always communicated with the neighborhood about her plans and expressed concern about traffic and parking issues.

“This application has been denied twice, and there have been so many red flags,” said Lisa Hanson, representing the Chatsworth Homeowners Association. “We are all for a renovated building.”

Hanson said Rana initially had proposed opening a nightclub at the location that would be open very late, and a stop-work order was issued. Those events, Hanson said, “made us question whether this application was following law.”

Both Rana, a graduate of Lassiter High School, and her attorney, Lisa Morchower, denied there were ever plans for a nightclub. Rana said she wants to have valet parking for Paprik’a since there’s limited space around the building, and explained that she has revised her menu to reflect her business’ primary function as a restaurant.

Morchower said the proposed hours for Paprik’a would be 11 a.m. to 10 p.m. Sunday-Thursday and 11 a.m. to 10:30 p.m. Friday-Saturday.

Rana said she was being unfairly “targeted” by the community, and insisted that her restaurant is similar to others in the area. “I don’t see why my small restaurant will make such a big impact,” she said.

Sandra Richardson, the Cobb business license manager, said the Paprik’a site was originally a Pizza Hut that opened in 1998 and served alcohol. After that, a restaurant called Donny’s Home Cooking operated at the location until 2015 but did not serve liquor.

Hanson said nearby residents have also dealt with noise issues from the Movie Tavern, which opened in 2013, with garbage trucks making pickups late at night. She said there have been numerous violations of other stipulations by DDR Sandy Plains, the shopping center property owner.

But commissioner Bob Ott, who represents the area, said he was satisfied with the application and said that if traffic and parking ever become an issue, the community can raise them at that time.

“We have to let the restaurant open before we know,” he said, adding that Rana’s appeal hearing often felt like a zoning hearing. “Alcohol doesn’t increase traffic. Ms. Rana has her work cut out for her, but she’s made a tremendous effort to change her menu.”

Ott said that unlike a zoning, a liquor license holder has to satisfy all stipulations and be approved for renewals yearly.

Birrell said: “I’ve heard the concerns of the community, and I cannot support this.”

The Sandy Plains Village area has been in transition recent years. It was the location of a Kroger and Stein Mart before the Movie Tavern opened. A Walmart Neighborhood Grocery also opened there in 2013 but closed earlier this year.

Former Mountain View ES redevelopment plans get initial OK

October 17, 2017 10:39 AMOctober 4, 2017 3:56 PM by Wendy Parker

The Cobb Planning Commission is recommending approval of a rezoning that would create a major commercial complex on the site of the former Mountain View Elementary School.

Although some nearby residents were seeking a delay, the commission voted 5-0 on Tuesday for a plan (packet item here) that would change the zoning category on Sandy Plains Road from R-20 (many schools are zoned on residential land) to CAC (community activity center).

The 13.8-acre development would include seven separate buildings for restaurants, retail shops, banks and a grocery store. The complex, which would exceed 100,000 square feet, is being developed by Brooks Chadwick Capital LLC of East Cobb and Jeff Fuqua, a private developer.

Residents living in the adjacent Hunters Lodge neighborhood were concerned about the reduction of the hill on which the former school sat affecting their sight lines, and some were opposed because they say the area already has enough businesses of the kind being proposed.

A tiny East Cobb neighborhood of older homes puts up density fight

But Trish Steiner of the East Cobb Civic Association said the organization voted unanimously to support the rezoning.

“We realize this is difficult for the neighbors to accept change,” she said. “However, we believe this application is appropriate.

Kevin Moore, an attorney for the applicants, said a full site plan hasn’t been completed because of possible changes in the final building design, depending on what businesses locate there. He said he couldn’t divulge which specific businesses are interested in the new development.

“When they sign the lease, that’s when things get set in stone,” Moore said. “We’re confident where we are with the placement of the buildings.”

Moore said the developer’s agreements to provide several buffers—50 feet of undisturbed buffers, a landscape buffer and a wall—will not change.

Those stipulations are final, he said: “We wanted to be transparent up front . . . to show the guardrails” between the development and the neighborhood.

Planning commission member Judy Williams, who represents District 3, said she also understands the opposition, but “the community has changed since the subdivision was built. I think they came up with a good plan.”

The Cobb Board of Commissioners will decide that case on Oct. 17.

Tiny, older Bermuda Drive neighborhood puts up East Cobb density fight

October 3, 2017 5:22 PM by Wendy Parker

Tucked away on a cul-de-sac street off Lower Roswell Road, not far from the clatter of the East Cobb Pipeline Project and featuring some lush and ample residential elbow room, lies the Bermuda Drive neighborhood.

More formally it’s known as the Carter subdivision, named after the homebuilder who constructed nine ranch-style homes on big lots in the early 1960s. This was just before East Cobb went from rural to suburban, and as developers were still maintaining something of a pastoral atmosphere for new properties.

Several residents have been there nearly as long as the subdivision (located just across Lower Roswell from Holy Family Catholic Church), and some are related to one another. To say that the Bermuda Drive neighborhood is a tight-knit one is an understatement.

“It’s a community, not just a street,” said Elaine Dover, who’s lived in her home on Bermuda Drive for 44 years.

Yet like many East Cobb neighborhoods, Bermuda Drive isn’t immune to a rapid, explosive new wave of residential building that emphasizes density over just about anything else. When a 2.172-acre tract of land at the entrance to her community was proposed for rezoning, Dover and her neighbors were concerned.

The rezoning (here’s the agenda item information) is being sought by Rabin Dayani, an established developer in the area. He wants to change the current R-20 zoning to R-15 to build five two-story homes on the land.

Dayani wants not only bigger houses (with a minimum of 2,500 square feet) than what’s on Bermuda Drive, they also would be on higher density land than what’s nearby. He could build four homes on the land under the present zoning category, which would have been fine with the Bermuda Drive neighborhood.

According to the Cobb zoning staff (which is recommending denial), the land was initially zoned for two lots in 1959.

When Dover and others spoke in opposition to the rezoning Tuesday before the Cobb Planning Commission, they used word “precedent” often. It’s a word that has come up frequently in recent East Cobb zoning cases, as residents have seen higher-density many residential and commercial projects proposed near their communities. Some have been approved, others have not, but in so many cases, the battle that’s being fought is quite often over precedent.

Even if it’s a difference over one house, as is the case in the Bermuda Drive neighborhood.

“We feel it will set a precedent in this area,” said Jill Flamm of the East Cobb Civic Association, who also spoke in opposition before the planning commission. “R-20 is suitable for new development in this area.”

Dover submitted a petition to the planning commission, saying that reducing density from R-20 would open up the Bermuda Drive neighborhood “to a negative precedent.”

The planning commission—which is an advisory board appointed by the Cobb Board of Commissioners—agreed, and voted to deny Dayani’s proposal by a 5-0 vote. Mike Terry, the planning commission chairman who represents District 2 in East Cobb, said at first he didn’t think the rezoning would draw much opposition. But he heard plenty from Bermuda Drive homeowners, and read excerpts from e-mails he’s received.

Terry said the neighbors aren’t anti-growth, but favor “smart” growth that complies with the land use plan and isn’t dramatically out of step with existing residences.

“They’re not saying don’t build here, but let’s leave the current zoning and build four quality homes,” Terry said. “I think four will be fine, but five is out of character. We need to protect the character of the neighborhood.”

Terry encouraged Dayani to revise his proposal before before Cobb commissioners have the final say on Oct. 17.

Former Mountain View ES site redevelopment plans go before Cobb Planning Commission

October 2, 2017 12:32 PM by Wendy Parker

After being delayed from consideration last month, a proposal to redevelop the former Mountain View Elementary School site into a mixed commercial complex will be heard Tuesday by the Cobb Planning Commission.

The meeting begins at 9 a.m. Tuesday in the second floor meeting room of the Cobb BOC Building, 100 Cherokee St., in downtown Marietta. The meeting can be seen live on CobbTV (Comcast Cable Channel 23) or live-streamed on the Cobb government website (link here).

The zoning application Z-053-2017 (link to packet item here) is being submitted by Brooks Chadwick Capital, LLC, which is proposing to convert the 13.8-acre site on Sandy Plains Road near Shallowford Road from residential (R-20) to CRC (community retail center). Brooks Chadwick and Jeff Fuqua, a private developer, are planning a facility that would include retail shops, banks, restaurants and possibly a supermarket.

Their plans call for 103,000 square feet of developable commercial space and around 600 parking lots.

The reason the land is zoned residential is because that’s the zoning category for most school properties. The sale of the land to the developers by the Cobb County School District is contingent upon rezoning.

In the zoning application, Brooks Chadwick indicated the proposed commercial complex would have daily opening hours as follows:

6 a.m. to 2 a.m., for the restaurants;
7 a.m. to 12 a.m. for the grocery store;
7 a.m. to 10 p.m. for retail.

The Cobb zoning staff is recommending approval, with the following conditions:

a deceleration lane for each entrance on Sandy Plains Road;
installing a flashing yellow arrow for left turn movements at the existing signal;
developer contribute 100 percent of the cost for traffic signal modifications;
keeping inter-parcel access between the development and Mountain View Community Center.

PHOTOS: New Mountain View Elementary School ribbon-cutting celebration

Another major rezoning application in East Cobb is being delayed again. That’s an application by SSP Blue Ridge, LLC, which wants to rezone 21 acres at the northwest intersection of Terrell Mill Road at Powers Ferry Road for a commercial and residential development anchored by a Kroger superstore (agenda packet here).

First submitted in July, Z-012-2017 is being continued by Cobb zoning staff until November (previous East Cobb News story here).

Here’s the full agenda packet for Tuesday’s meeting. The Cobb Board of Commissioners zoning hearing is Oct. 17.

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