A revised site plan for a 77-home subdivision on Johnson Ferry Road at Waterfront Drive. For a larger version click here.
The developer of a residential subdivision included in the East Cobb Church rezoning in 2021 will ask Cobb commissioners Tuesday to raise the threshold for impervious surfaces for that development.
It’s included as an Other Business item at the commission’s monthly zoning hearing, and it was continued from last month at the request of the applicant (agenda item here).
Johnson Ferry Road LLC attorney Kevin Moore asked last month for additional time. He represented North Point Ministries, which will be building the East Cobb Church facility at the Johnson Ferry-Shallowford intersection.
Below that, and below a declared flood plain as well, Ashwood Atlanta will be building 77 single-family detached homes on 19 acres zoned RA-5.
The residential portion of the rezoning case was the most contentious, with some in the community insisting the density proposed at the time (44 townhomes and 51 detached homes) was too much, for traffic and stormwater reasons.
Zoning approval included limiting impervious surfaces in the subdivision to 40 percent. Moore will be asking to raise it to 45 percent with the additional runoff “designed into the retention area,” and that “would help to accommodate development consistent with the area,” but there was no further elaboration.
Citizens serving on a plan review committee said they wanted the final plan to get as close to the 40 percent stipulation as possible.
Initial clearing and grading work has been underway at the site for a few weeks, including the relocation of Waterfront Drive.
The zoning hearing hearing begins at 9 a.m. Tuesday in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta), you can view the full agenda and individual case filesby clicking here.
You also can watch on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.
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!
Not long after Cobb commissioners approved a site plan change last month to allow for a King’s Hawaiian restaurant in Northeast Cobb, the California-based company decided it would not go ahead with those plans.
Jason Linscott, a principal at Stein Investment Group, which owns the property at Gordy Parkway and Shallowford Road where the eatery was proposed, said King’s Hawaiian made the decision a week after the zoning hearing.
He said the reason was that the conditions included in the approval “weren’t going to make it work.”
In particular, Linscott cited a required 40-foot buffer between the back of the property and the adjacent Harrison Park tennis courts.
Stein had applied to reduce that buffer to just four feet for parking and drivethru access. But Commissioner JoAnn Birrell referred to a 1980s stipulation when the land was previously rezoned about a 40-foot buffer, saying reducing it “would set a precedent. It was put in place for a reason.”
During the hearing, Garvis Sams, Stein’s attorney, said not being able to reduce the buffer would cause “a considerable re-engineering” of the restaurant.
Linscott said that after the vote Stein “tried really hard” to keep King’s Hawaiian on board, but to no avail.
“It’s a little deflating,” Linscott told East Cobb News, saying he’s not sure what kind of development his company can get approved for that land.
East Cobb News has contacted King’s Hawaiian seeking more information.
It’s uncommon, but not unprecedented, for zoning applicants to pull out of projects after they’re approved. In another Northeast Cobb case in 2021, Pulte Homes withdrew from developing a 92-home subdivision on 50 acres on Ebenezer Road near Blackewell Road.
Linscott said there were other conditions that were approved at the request of the Gordy Architectural Control Committee and the East Cobb Civic Association that also were “not going to work” for King’s Hawaiian.
There also was some opposition from nearby residents about traffic issues, similar to those that prompted commissioners to reject plans for a Lidl grocery store at that intersection.
The land proposed for the King’s Hawaiian restaurant (with the gold star) sits at a busy intersection near Lassiter High School.
Birrell suggested in her motion to approve that Stein purchase adjacent county-owned land to address the buffer issues, but Linscott said that involved a complicated process involving title searches and other factors that also proved to be difficult to pull off.
“We tried to find other ways to do it,” Linscott said, but ultimately, King’s Hawaiian “felt they had given a lot of things” to open the company’s first restaurant outside of its southern California base.
“They said they didn’t feel like they were welcome,” he said.
King’s Hawaiian first filed for a site plan amendment in mid-2022, but didn’t get a hearing before commissioners in March.
The 1.14 acres on which the restaurant was to have gone is shaped like a wedge, next to the self-storage facility that Stein built after getting rezoning in 2021 to convert the former GTC Cobb Park 12 movie theater.
“We’re basically starting over,” Linscott said, saying “it’s not feasible to do a restaurant without getting into that buffer.”
Linscott said “we’ll do something there. I hate that it couldn’t have been something like this.”
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A long-delayed request to build homes on property containing an historic 19th century cabin is being held again after the Cobb Planning Commission voted for a 30-day hold on Tuesday.
The 5-0 vote came after a lengthy discussion about a number of other issues—including stormwater, dam repair and traffic access issues—that weren’t resolved after the applicant submitted a revised site plan last month.
“It’s pretty clear to me that we don’t have enough information,” said Planning Commissioner David Anderson, who represents District 2, which includes the 13.38 acres at 4701 Post Oak Tritt Road.
The five-member board, appointed by members of the Cobb Board of Commissioners, voted to hold the request last month for similar reasons.
Kenneth Clary, the property owner, wants to sell the land adjacent to the Clary Lakes subdivision for what would be an 18-home development (case file here).
His property is currently zoned R-30, the lowest-density residential category in Cobb. After initially making an R-15 request, his attorney, Parks Huff, submitted an R-20 site plan per the recommendation of the Cobb Zoning Office.
Huff told the planning board that many of the outstanding issues mentioned by opponents can be resolved during the plan review process.
“Your job is to zone property,” he said. “You cannot say that R-20 is not a proper category for that property. Let’s not overthink this. Let’s put this in the proper zoning category and move on.”
But the requested zoning category wasn’t why opponents came forward.
Another outstanding issue is historic in nature, that being the possibility of three graves on the site located near the Power-Jackson Cabin, one of the last one-room structures left in the county dating from the 1840s.
Huff said his client knows of no human remains on the property.
But Jimmy Richards of the Cobb Cemetery Preservation Commission cited a book about the early history of Cobb County (up to 1932), indicating a young mother, part of the Power family, died there nearly 140 years ago giving birth, and she is buried there with her baby twins.
He asked for the delay for the applicant to hire an archaeologist, per county code, to conduct a survey to discover if, and where, they may be resting.
The site plan submitted by Huff, according to Richards, doesn’t indicate anything about the location of the cabin or the possible graves.
Joe Ovbey, who lives in an adjacent home on Post Oak Tritt, said his family has known the Clarys for decades.
“I’ve been shown where those graves are for many years,” he said, urging that the rezoning be delayed.
Cobb Landmarks, an historic preservation non-profit, wants to have the cabin relocated to Hyde Farm, near other Powers family cabins.
The Power-Jackson Cabin includes Masonic markings on the chimney that are “why it wasn’t burned down during the Civil War,” Ovbie said.
More modern concerns also prompted the additional delay.
Richard Grome, president of the East Cobb Civic Association, said the new site plan “seems to have some of the same problems as the old one.”
One of the lots would not be accessible by the subdivision street at all, but via Post Oak Tritt Road.
other lots are included on a flood plain on the southern edge of the two Clary lakes. There also is a dam that is located on one of the lots.
When Anderson asked who would bear responsibility for repairing the dam, Huff indicated that it might not be a homeowners association but rather an individual property owner.
“We’re doing this the same way [as nearby subdivisions],” Huff said. “We’re doing it at a lower density.”
But Anderson wasn’t reassured by that response, nor some of the traffic access problems. His motion to delay included provisions for a community meeting between the applicant and nearby residents, a third-party analysis of the possible graves and further addressing dam and stormwater issues.
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The McAfee House, which was a Union general’s headquarters during the Civil War, would give way to a car wash at the intersection of Bells Ferry Road and Barrett Parkway. (Cobb Landmarks)
Two homes built in the 1840s—a decade after the creation of Cobb County—have stood the test of time.
The Power-Jackson Cabin on Post Oak Tritt Road and the McAfee House at Bells Ferry Road and Barrett Parkway have been the subject of considerable attention by historic preservation interests for a number of years.
But they stand on property being eyed by developers in areas of Northeast Cobb where there’s little undeveloped land remaining.
Two current rezoning cases will likely determine the fate of those historic buildings.
On Tuesday, the Cobb Planning Commission will hear for a second time a proposal to develop a subdivision on the Post Oak Tritt property after voting to hold it at their April hearing (case filings here).
In addition to community opposition for density and stormwater issues, the subject of the Power-Jackson Cabin is also a consideration.
It’s regarded as one of the last one-room cabins left in Cobb from that era, and is literally falling apart.
At the April Planning Commission hearing, an attorney for the applicant said the building is “uninhabitable” and urged for its relocation.
In a stipulation letter to the Cobb Zoning Office dated Monday (you can read it here), attorney Parks Huff said his client would provide Cobb Landmarks, a local historic preservation non-profit, access to the cabin “for research purposes” and to make it available for relocation or for preserving parts of the building.
In response to a message from East Cobb News, Cobb Landmarks executive director Trevor Beemon said his organization would like to relocate the Power-Jackson Cabin to Hyde Farm off Lower Roswell Road.
That’s where another 1840s-era cabin, the Power Cabin, has been preserved, and where another cabin in the Power family also sits.
A rezoning case on land where the McAfee House is located was to have been on Tuesday’s Planning Commission agenda.
It was the homestead of farmers Eliza and Robert McAfee, and was used as a Union Army general’s headquarters after the seizure of the Big Shanty during the Civil War. It also served as a field hospital after an 1864 engagement near what was called McAfee’s Crossroads.
Huff, also the attorney for that applicant, has asked for a delay to June (see case filings here).
His client is Tommy’s Express by Northgate, which wants to build a car wash on the two-acre site that’s across from Bells Ferry Elementary School and near a retail center with a Publix and a Barnes & Noble.
The Medford Family Limited Partnership, which owns the land, has wanted to sell for several years. Cobb Landmarks has been in talks since 2019 to find a way to relocate and preserve the land, but acknowledged that despite the designation of an historical marker (there’s also one at the Power-Jackson Cabin) “the house and land are not protected through local zoning or historic designation.”
Those discussions, with the landowner and potential developers, have not been successful, but Beemon said Thursday that efforts would continue “with the developer and a private individual to relocate the home to Marietta for restoration and use as a residence.”
Another East Cobb case that’s been delayed and that also won’t be heard Tuesday is a request to build a new standalone Starbucks at Paper Mill Village.
The Cobb Planning Commission hearing begins at 9 a.m. Tuesday in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta), you can view the full agenda and individual case files by clicking here.
You also can watch on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.
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!
State Rep. Sharon Cooper, a Republican from District 45 in East Cobb, is the featured speaker at the East Cobb Civic Association‘s monthly meeting on Wednesday.
The meeting takes place at 7 p.m. at Fullers Park (3499 Robinson Road), and is open to the public.
Cooper, the chairwoman of the Georgia House Public Health Committee, is expected to review the recently concluded 2023 legislative session.
The East Cobb Civic Association is an all-volunteer organization of around 9,000 homeowners that influences development in the community by getting involved in zoning and code matters, as well as transportation, community service and other issues.
The meetings are held the fourth Wednesday of each month and include a discussion of and recommendations on zoning cases to be heard by the Cobb Planning Commission and Cobb Board of Commissioners.
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Final revisions to King’s Hawaiian plans include turning a mural inward, permitting right-in, right-out traffic access only and maintaining a 40-foot buffer (at right) adjacent to Harrison Park.
Despite some community opposition, the Cobb Board of Commissioners on Tuesday approved a site plan at a busy Northeast Cobb intersection for a King’s Hawaiian fast casual restaurant.
By a 4-1 vote, and with some final revisions, commissioners granted the request by Stein Investment Group to construct a 3.200-square foot restaurant with parking and a double drive-thru at the northwest intersection of Shallowford Road and Gordy Parkway.
The applicant received rezoning in 2021 for a self-storage facility on a portion of land that was once the GTC Cobb Park 12 movie theater, and asked to develop the remaining 1.14 acres for a restaurant.
The restaurant would be the first King’s Hawaiian locations in metro Atlanta, and would include an outdoor patio area.
King’s Hawaiian was founded in Hilo, Hawaii, in 1950, as a bakery known for its signature sweet rolls.
Now based near Los Angeles, the company opened a major bakery and warehouse near Gainesville in 2011, where most of its products are made.
They are sold at grocery stores and through other restaurant franchises, including Arby’s.
There are two King’s Hawaiian locations near company headquarters in Torrance, Calif. (here’s a menu for the original restaurant) and the parent company also is opening another restaurant concept, Hello Hilo, near Gainesville.
As in a rejected rezoning case for the same land in 2017 for a proposed Lidl grocery store, nearby residents said the restaurant would cause too many traffic and safety issues.
The King’s Hawaiian would be open from early morning hours—contributing to the commuting and Lassiter High School traffic rush—until 10 p.m. at night.
A double drive-thru, said Highland Park resident Denise Fissel, would increase the chances of people in vehicles “rushing to get in and out” and said the restaurant proposal is “too intense” for the property.
Jason Linscott of Stein Investment Group said the traffic plan for the restaurant reduces traffic in the area by 40 percent from the movie theater, but didn’t provide specifics.
Fissel countered that “those are your numbers, not ours,” and said the project “is not like a theater.” She noted that the other fast-food restaurants in the area—Wendy’s, Taco Bell and Chick-Fil-A—are all accessed within shopping centers, and not directly on major roads.
The East Cobb Civic Association also opposed the application, especially a proposed reduction of a 40-foot barrier between the back of the property and the adjacent Harrison Park tennis courts.
Stein Investment Group wanted to cut into that buffer by 36 feet for parking and the drive-thru lanes.
But District 3 commissioner JoAnn Birrell, in making a motion to approve the application, scotched any reduction of that buffer, saying “it would set a precedent. It was put in place for a reason” when the property was rezoned in the 1980s.
She acknowledged that a restaurant that size on such a small amount of land “is rather intense” but her motion included several other stipulations, including last-minute letters and recommendations from parties on both sides of the matter.
Garvis Sams, the attorney for Stein Investment Group, said that maintaining the 40-foot buffer “impinges on the development. It will cause a considerable re-engineering.”
Birrell’s other conditions include maintaining a treeline along Gordy Parkway, between the property and the entrance to Harrison Park, “in perpetuity,” allowing for dead or damaged trees to be removed.
Other conditions include recommendations from the Gordy Architectural Control Committee and the formation of a landscaping committee, and Birrell would sign off on the final site plan as well as landscaping plans.
Construction hours for the restaurant would be limited from 7 a.m. to 7 p.m. Monday-Friday and from 9 a.m. to 5 p.m. on Saturday with no Sunday work permitted.
The restaurant hours would be from 7:30 a.m. to 10 p.m. seven days a week.
The only voted against was from commissioner Monique Sheffield of South Cobb, who said she thought the project was too intense.
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A rendering of single-family homes shows a tight distance between residences, in some instances as little as seven feet.
As we noted last week, plans for the residential portion of land at the Johnson Ferry-Shallowford intersection that was part of the East Cobb Church rezoning approval are still in the works.
Among the stipulations the developer, Ashwood Atlanta, agreed to was to limit impervious surfaces to 40 percent.
The Atlanta-based builder is proposing 77 detached homes, after dropping the 44 townhomes and 51 detached homes that were in the approved site plan.
The owner of the 19 acres of land that is zoned RA-5, Johnson Ferry Road LLC, recently filed a request to increase the impervious surface maximum to 45 percent, with the additional runoff “designed into the retention area,” according to an agenda item for a Tuesday zoning hearing of the Cobb Board of Commissioners.
The proposed change, the agenda item states, is “would help to accommodate development consistent with the area,” but there was no further elaboration.
But Kevin Moore, the developer’s attorney, asked the Cobb Zoning Office this week for a continuance to May to finalize the plans.
The homes will be built on land west of Johnson Ferry Road, north and south of Waterfront Drive and east of Waterfront Circle.
The Cobb stormwater office said it has no objection to the request, but “storm water quality design for the development will need to include the additional impervious area.”
Citizens serving on a plan review committee said they wanted the final plan to get as close to the 40 percent stipulation as possible.
The latest site plan includes 77 single-family detached homes on 19 acres. For a larger view click here.
While that case won’t be heard Tuesday, commissioners will consider long-delayed plans for a King’s Hawaiian restaurant in Northeast Cobb.
They voted last month for a continuance after some residents expressed traffic and safety concerns.
The restaurant would be located on the northwest intersection of Shallowford Road and Gordy Parkway, next to a self-storage facility where a movie cinema once stood.
Cobb DOT is recommending right-in and right-out access on Gordy Parkway (agenda item here).
A couple other East Cobb cases we’ve written about here before and that are continuing to be delayed are for a residential development on Post Oak Tritt Road and an expanded Starbucks at Paper Mill Village (see links below). Those also have been continued to May.
The zoning hearing hearing begins at 9 a.m. Tuesday in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta), you can view the full agenda and individual case files by clicking here.
You also can watch on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.
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!
Land disturbance permits are expected to be issued soon, with the first phase of construction commencing by the summer on a 132-unit apartment building for seniors aged 55 and older.
Atlantic Residential’s redevelopment plans also have been evolving over the last year for a project it is calling East Cobb Walk.
When the Cobb Board of Commissioners approved rezoning in 2021, the plans called for more than 30,000 square feet of retail. The Lidl grocery store chain backed out beforehand, due to traffic access problems.
A more recent but incomplete site plan showed that retail has been cut down to 14,500 square feet: a 13,000-square-foot building in front of the Mayes Cemetery, and 1,5000 square feet of space on the ground floor of the senior apartment building.
Atlantic Residential said it intends to finalize a site plan with the nearly 30,000 square feet included in a rezoning stipulation letter.
Tim Carini, one of the leaders of the group that opposed any apartments on the site, even for seniors, thought the name change ironic.
“There is nowhere to walk within this development,” he said.
But when he saw the lesser space for retail, he said that “the County needs to hold this developer to that number” that is included in a stipulation letter that was part of the rezoning approval.
“Without this retail for the community, all we are getting is apartments and townhomes that are squeezed as tight as possible into this property,” said Carini, organizer of a Facebook group called Residents Against Apartments At Sprayberry Crossing.
Shane Spink, who led citizen support of the redevelopment and has been part of a post-rezoning site plan review, told East Cobb News he and other supporters also were taken aback by what appeared to be less than half of the proposed retail space.
He said he was later told by Richard Aaronson, the CEO of Atlantic Residential, that the developer intends to “maximize the commercial buildout for commercial use as provided in the zoning.”
He said the site plan reflecting only 14,500 square feet of retail space was an engineering rendering produced without the developer’s input that was meant to be a “placeholder” for a final plan.
“We apologize for any confusion and will circulate an updated site plan that identifies maximum commercial density provided by the zoning,” Aaronson told Spink. “We do intend to start marketing the commercial parcel once site work is initiated in the coming weeks.”
East Cobb News has contacted Aaronson and Atlantic Residential for more information.
The senior apartment building will be the first phase of construction for East Cobb Walk, tentatively slated to get underway in August with completion by September 2024. Those units are one and two bedrooms and there will be amenities in the builidng.
The 102 townhomes will be the second phase, scheduled to start in January 2024. That developer was to have been Pulte Homes, but that phase will be built instead by Toll Brothers. They will be around 2,000 square feet each (renderings below).
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Despite pleas from the developer and nearby community members Wednesday night, Marietta Mayor Steve “Thunder” Tumlin vetoed a proposed apartment complex at Powers Ferry Road and Delk Road.
The Marietta City Council voted 5-2 to approve the 322-unit on the site of a Kroger store that will be moving later this year.
There was no opposition from the public, and the Marietta Planning Commission had voted 7-0 to recommend approval in March.
But Tumlin, who has been vocal recently about too many apartments being proposed in the city, as well as their density, immediately vetoed the approval.
City council member Joseph Goldstein, whose Ward 7 includes the site, then made a motion to override the veto, which needed five votes.
But his colleague Grif Chalfant, who voted for the rezoning, then joined council members Johnny Walker and Andy Walker, who had voted against the application, in voting against overriding the veto.
Developer WC Acquisitions LLC of Atlanta had proposed the five-story luxury apartment building, a six-story parking deck and 6,000 square feet of retail space on 4.7 acres.
Kroger is vacating a 42-year-old building later this year to occupy a new superstore up the street at the MarketPlace Terrell Mill.
William Casaday, the applicant, told council members Wednesday that the site has no future for commercial and retail use. He sought a change from a commercial zoning category to mixed use, and noted a glut of supermarkets and low demand for retail.
He said the mixed-use development would generate a third of the traffic of the Kroger, and that it would luxury units with numerous amenities, with rents starting at $1,800 a month.
Patti Rice, of the Powers Ferry Corridor Alliance, urged approval, saying the development “has the potential to set a very high bar and to positively influence the quality of future development” in the area.
She said she feared that if the development wasn’t approved, the site “could be a blight and detrimental to the surrounding community.”
Don Barth of the nearby Cloverdale Heights neighborhood in the city of Marietta, said he shops often in the Powers Ferry corridor and the apartment building would be an asset.
“A lot of professionals are living in apartments for a reason,” he said. “It’s not something bad. What would be bad would be to let this property go to blight.
“We want to attract professionals to this area. This is the gateway going into East Cobb.”
But the council didn’t discuss the case before the vote.
Later in the meeting, the council approved a six-month moratorium on apartment building, with only Goldstein opposed.
The freeze does not apply to the Powers Ferry application and others that have been filed.
That includes a proposed mixed-use development including apartments at the former site of Harry’s Farmers Market at Roswell Road and Powers Ferry Road.
Apartments also have been proposed near the Marietta Square on land that doesn’t need rezoning and that is opposed by Tumlin, but must be approved by a city historic review board.
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Some construction equipment has been brought to the future site of East Cobb Church along Johnson Ferry Road, near its intersection with Shallowford Road.
More than year and a half after getting rezoning from the Cobb Board of Commissioners, the latest North Point Ministries congregation received a land disturbance permit from the county.
Rev. Jamey Dickens, the senior pastor of East Cobb Church, said in a recent interview with East Cobb News that the plans for the church haven’t changed.
What’s to get underway in the coming months is a 125,000-square-foot building and parking lot for the church—which has been meeting at Eastside Baptist Church.
He was hopeful a year ago that the work could have begun by the end of 2022, but there were delays in getting the building permit and other issues, and he’s continuing to preach patience.
“It’s going to be a long process,” Dickens said, estimating that the initial phase could take up to six months before ground is broken on the church facility.
What’s happening now is a dam reconstruction—part of the land North Point sold to a residential developer has been deemed to be in a flood plain that was formerly a lake—and relocation of a portion of Waterfront Drive, which will be the main access point for the homes.
The rezoning approval allowed for 44 townhomes and 51 detached homes on 20 acres, to be built by Ashwood Atlanta.
But the flood plain declaration by the U.S. Federal Emergency Management Administration reduced the number of residential units by 22 to meet agreed-upon density levels.
That was the point of contention during the rezoning process from nearby residents.
Cobb commissioner Jerica Richardson appointed a citizens’ committee to work with the county during site plan review after approval.
One of those members, Rachel Bruce, who was opposed to the density of the homes, said communications are continuing over such things as landscaping along the church’s greenspace area and reducing the percentage of impervious surfaces for the residential area.
She provided East Cobb News with a copy of proposed concept for a cul-de-sac to address the latter (above).
Ashwood Atlanta has revised the plans dramatically, knocking out all the townhouses and drawing up a new site plan (below) for 77 single-family detached homes.
The developer is seeking a variance to increase the percentage of impervious surfaces above the 40 percent threshold requested by the citizens’ committee.
A request to allow for 45 percent impervious surfaces will be considered by Cobb commissioners at their zoning hearing on April 18.
“While it may not be possible to get to the 40% . . . we would like to see an effort to get closer,” committee member Ruth Michels wrote in late March to Kevin Moore, a zoning attorney who will be presenting a change to the impervious surface stipulation at that meeting.
“The creek does feed into a dam on this property which feeds into a floodway under Johnson Ferry Road, so we hope to continue working with them to find a solution that keeps the impervious surfaces to a minimum while maintaining the detached single family home structure of the proposed community,” Bruce said in response to a message from East Cobb News.
Ashwood Atlanta submitted a new site plan for 77 single-family detached homes in March. For a larger view click here.
Although North Point is not involved in the residential construction, Dickens admitted that “there were a lot of parties involved and there was a lot of super complex stuff” to consider, both before and after the rezoning.
He said once church construction begins later this year, he’s hopeful it will be completed in 18 months, and no more than two years for East Cobb Church to begin occupancy.
Dickens said the congregation, which has around 600 “active families,” feels blessed to have “such a great relationship” with Eastside Baptist.
Afternoon services will continue to take place there, and East Cobb Church will continue to follow its motto of “loving where we live” with involvement in various community activities.
“For a lot of people, it’s not ideal,” he said of the current worshipping situation, but taking more serious steps to begin construction is “wind in our sails.
“The thing we love to do the best, we can do that from anywhere,” Dickens said. “It’s not stopping us from doing our core ministries.”
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The 14 acres owned by Kenneth B. Clary at Post Oak Tritt and McPherson roads (inside the blue lines) is located just east of Tritt Elementary School.
The Cobb Planning Commission is holding a zoning application for a subdivision on Post Oak Tritt Road in East Cobb after its initial hearing Tuesday.
The vote was 3-0, with two members absent, to wait until May to consider a proposal by representatives of Kenneth B. Clary to convert 13.38 acres near McPherson Road from low-density residential (R-30) to medium-density residential (R-15) after opponents took issue with stormwater and other issues.
Joel Larkin, an attorney representing Clary—a longtime landowner in the area whose other properties have been developed into residential communities, including adjacent Clary Lakes—said his client was amenable to a Cobb zoning staff recommendation to delete the proposed zoning category from R-15 to R-20.
That would reduce the number of proposed homes from 20 to 15, but Larkin said a new site plan has not been submitted (agenda file here).
That prompted opposition from the East Cobb Civic Association, whose president, Richard Grome, also cited the issue of a historical 19th century cabin and a family cemetery on the property.
Larkin said the Power-Jackson Cabin, which dates to the 1840s, is not “habitable” and suggested that historic preservation advocates could relocate it.
He said he is not aware of a cemetery on the land, but said his client would abide by staff recommendations to protect it from development.
Opponents also are concerned about flooding and the state of two dams protecting Clary Lakes, two lakes that border the norther part of the tract.
Citizens from the Clary Lakes, Hadley Walk and East Spring Lake subdivisions expressed concerns about those issues, and like Grome, said they weren’t being updated by the applicant about the changing plans.
The application was first filed last August, but has been continued ever since then.
Planning Commission member David Anderson of East Cobb made the motion to delay the request, citing a lack of information, including outdated zoning sign notices fronting the property that are more than two months old.
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Several months after a two-story standalone Starbucks at Paper Mill Village was proposed, the attorney for the developer has submitted dramatically different plans.
Garvis Sams submitted a new site plan, renderings and stipulations on March 23, then asked last week for yet another continuance for the case to be heard in May.
The request by S & B Investments to rezone 0.73 acres for neighborhood retail commercial (NRC) initially called for a two-story, 5,000-square foot building to replace the structure at 31 Johnson Ferry Road, where a smaller Starbucks is located.
In the new plans, Sams is proposing just one story with 2,500 square feet and 25 parking spaces, the latter meeting county ordinance requirements.
That wasn’t the case with the original application, first submitted last August, when Cobb zoning staff determined proposed parking was insufficient.
The revised site plan calls for in-and-out access to the Starbucks from behind the building on Village Parkway, and a single-lane drivethru.
Sams submitted a notice for another continuance on Wednesday, the deadline for it to be delayed automatically.
The item was to have been on the agenda for Tuesday’s Cobb Planning Commission meeting.
“My client and I have been in the process of ongoing negotiations, which are proving to be fruitful and productive, but we need a little more time to finalize our agreements,” Sams wrote in his letter for a continuance.
The new stipulations call for the building to be traditional brick on all four sides, with the Starbucks to be open from 5:30 a.m. to 8:30 p.m. seven days a week.
The Planning Commission will hear a long-delayed request for a subdivision off Post Oak Tritt Road on 13.38 acres.
Undeveloped land owned by Kenneth B. Clary near McPherson Road includes an historic 1840s cabin that would likely be demolished, although the Cobb Landmarks non-profit has been working to preserve it.
The Cobb Zoning Office is recommending that the proposed R-15 category for 20 homes be deleted to R-20 for 15 homes (you can read the agenda file here). The land is currently zoned R-30, which allows a maximum of 10 homes.
The Cobb Planning Commission hearing begins at 9 a.m. Tuesday in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta), you can view the full agenda and individual case files byclicking here.
You also can watch on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.
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!
At their monthly zoning hearing, commissioners voted 5-0 to hold a proposed site plan amendment on Gordy Parkway near Shallowford Road to April due to community opposition.
Stein Investment Group Inc., which converted the former GTC Cobb Park 12 movie cinema into a self-storage facility, wants to build the fast casual King’s Hawaiian on a 1.1-acre portion of the property, featuring a double drive-through and 29 parking spaces (agenda item here).
But residents from the adjoining Highland Park and Highland Terrace neighborhoods objected to increased traffic and safety. In 2017, commissioners rejected a Lidl grocery store on the site for those reasons.
King’s Hawaiian wants to have opening hours from 7 a.m. to 10 p.m. daily, and possibly extending to 11 p.m.
“I walk the intersection daily, and find the area very dangerous, as drivers do not pay attention to anyone except to other drivers,” Highland Park resident Denise Fissell said.
She noted that other restaurants in the area are in shopping centers with better access and parking capacity.
“We’re not opposed to King’s Hawaiian becoming a part of the Cobb County community. However, we feel that the corner they chose creates more danger to our community,” Fissell said.
“A fast food restaurant is too intense for this small piece of property.”
The East Cobb Civic Association also was opposed, citing the reduction of a 40-foot tree buffer between the property and Harrison Park to just a few feet.
Cobb Commissioner JoAnn Birrell said she had several issues that needed to be addressed before she could support the site plan request, which was recommended for approval by the Cobb zoning staff.
“Traffic is a concern and the storage facility is there,” Birrell told Garvis Sams, an attorney for Stein Investment Group. “What the applicant is trying to do is too intense for one acre. . . I can’t support eliminating a 40-foot buffer next to a Cobb County park.”
Sams agreed to a 30-day delay proposed by Birrell.
Commissioners also voted 5-0 to deny a request for a self-storage facility on Freeman Road, near the Johnson Ferry Road intersection (agenda item here).
Noble Storage LLC wanted to rezone an acre of wooded land from low-rise office to neighborhood retail to build a 57,668-square-foot, four-story storage building.
Adam Rozen, an attorney for the applicant, said the land has been marketed for LRO purposes for years but has not found a buyer.
It is surrounded by some commercial property, including the La Strada restaurant and a small retail center, but also is next to a residential community.
A storage facility would be too intense for the area, the Cobb zoning staff concluded in recommending denial.
Clifton Goodman, president of the Breckenridge neighborhood association, said he and his neighbors aren’t opposed to a business being built on the property.
But “you have to draw the line somewhere,” he said.
He said the Cobb land use map dictates that NRC zonings should be located in the middle of a neighborhood activity center.
The Noble Storage proposal would be on the edge of that area, and that such a usage “is completely inappropriate for that property,” Goodman said.
He noted that commissioners in 2011 rejected a rezoning request for an automotive use under NRC and approved the LRO category instead.
Goodman also said there are no three-story buildings in the vicinity (the bottom floor of the storage building would be underground), and what’s proposed would be the only commercial use in that area that wouldn’t have direct access to Johnson Ferry Road.
“Noble Storage is asking the county to pretend there is no Cobb County code,” he said.
The East Cobb Civic Association also opposed the rezoning.
Commissioner Jerica Richardson said the LRO zoning was meant to be a “step down” commercial use to protect nearby residents, and made a motion to deny.
Birrell noted the 2011 case and “many of the same people who are here” were in opposition then, when the area was in her district.
“This is too intense for the property and the impact to the neighborhood surrounding it,” she said. “It was zoned LRO for a reason.”
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The developer of a proposed apartment building at the site of a Kroger store on Powers Ferry Road wants more time to refine plans.
An attorney for WC Acquisitions LLC asked for and received a continuance Wednesday from the Marietta City Council, which voted to delay hearing the case until its April meeting.
The Marietta Planning Commission voted unanimously last week to recommend approval of the application for a 322-unit, five-story building and accompanying 485-space parking deck at 1122 Powers Ferry Road, at the southeast intersection of Delk Road.
Garvis Sams said during a council work session that “questions arose today” and that his client wants to work out the contours and positioning of the structures.
He said his client has the support of the Powers Ferry Corridor Alliance, a civic group, and that there’s “no known opposition” to the rezoning despite its intensity (more than 60 units an acre, one of the highest in Marietta city limits).
Later this year Kroger will be leaving the site it has occupied since 1982 for the nearby MarketPlace Terrell Mill, where a superstore is nearing completion.
Sams said in his application that there’s not a retail future for the current Kroger site, which is nearly five acres.
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The 14 acres owned by Kenneth B. Clary at Post Oak Tritt and McPherson roads (inside the blue lines) is the subject of a delayed residential rezoning request. Cobb Tax Assessor’s Office
An early agenda for next Tuesday’s Cobb Planning Commission meeting shows that two cases in East Cobb that have been delayed several times in recent months are being continued again.
The summary agenda files indicated that an application by Kenneth B. Clary for a subdivision development on Post Oak Tritt Road has been continued to April.
The land is near McPherson Road (east of Tritt Elementary School) and is adjacent to the Clary Lakes neighborhood, and the case was first scheduled for a hearing in September.
The property is zoned R-30 and is designated as low-density residential in the Cobb future land use map; Clary is the landowner of what’s called a conservation tract with an appraised value of more than $2 million, according to Cobb property tax records.
There’s a small home on the property near the lake that was built in 1950.
More importantly, the land also contains the Power-Jackson Cabin, a one-room log home from the mid-1800s that’s a local and state historical landmark.
There’s nothing in the zoning filings that refers to the cabin.
In his letters seeking continuances over the fall and winter, attorney Parks Huff, who represents Clary, has made unspecified references to “some remaining issues which are scheduled to be addressed and resolved.”
The Cobb Historic Preservation Commission noted last fall that the cabin could be subject to demolition if the land is rezoned.
The five-member body appointed by Cobb commissioners has been working with Cobb Landmarks, a non-profit preservation group, and Cobb Parks “to see if preservation solutions could be discussed,” according to the minutes of a Sept. 12, 2022 preservation commission meeting.
If the cabin is torn down, the developer could be subject to a mitigation fee similar to one levied following the demolition of a Mabry Farm homestead on Wesley Chapel Road in 2018 to make room for a new subdivision.
The $7,500 paid by the developer was dedicated for historic preservation efforts in Cobb County.
Originally the Clary application sought an R-15 zoning category to build 20 homes with a single entrance from Post Oak Tritt.
That request has since been changed to R-20, which would reduce the number of homes to around 15, but a new site plan hasn’t been submitted.
Clary Lakes is zoned R-15 and according to an early site plan, part of the lake is in a federal 100-year flood zone. There also are state and county water buffers totalling 75 feet, as well as impervious setback considerations.
It’s been nearly a decade since a portion of some other Clary land across the road on Post Oak Tritt was developed by Brooks Chadwick into Hadley Walk, which has six homes on nearly 10 acres.
Those homes are currently valued at more than $1 million.
A proposal to expand the current Starbucks at Paper Mill Village into a two-story, 5,000-square foot standalone building also is being continued to April at the request of the applicant, S&B Investments.
Zoning attorney Garvis Sams said in a letter to the Cobb Zoning Staff on Tuesday that his group has met with nearby citizens groups and the shopping center over what he called “very minor tweaks” over architecture and various stipulations.
But he said his client wants more time to finalize them and to get “one hundred percent consensus.”
The Cobb Planning Commission hearing begins at 9 a.m. Tuesday in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta), you can view the full agenda and individual case files by clicking here.
You also can watch on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.
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!
The proposal goes before the Marietta City Council next Wednesday for final action.
The mixed-use development proposed by WC Acquisitions LLC includes 7,000 square feet of amenities for the apartment building, 6,000 square feet of retail space and a 485-space parking deck that’s six and a half stories high.
The density would be high, at more than 60 units an acre, and one of the highest in the Marietta city limits.
But it’s in keeping with density at the nearby MarketPlace Terrell Mill in unincorporated Cobb and other multi-family complexes in the Powers Ferry corridor.
The application got the support of the Powers Ferry Corridor Alliance.
The Kroger at Terrell Mill and Delk roads was built in 1982, and is the southernmost tract of land in the City of Marietta in that area.
Later this year, Kroger is moving Marketplace Terrell Mill that’s in unincorporated Cobb, and WC Acquisitions Attorney Garvis Sams said the 4.8-acre site doesn’t have a retail future.
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A rendering of a self-storage facility with a townhouse-designed exterior proposed for the Terrell Mill-Delk intersection.
Even after late support surfaced for a self-storage proposal—including from one of their former colleagues—Cobb commissioners on Tuesday rejected a request to build such a facility at the intersection of Terrell Mill and Delk roads.
By a 4-1 vote, commissioners denied a request by ADP Terrell Mill to rezone 2.55 acres of residentially zoned land at 1140 and 1150 Terrell Mill Road for a 120,000-square-foot self-storage facility and a small community meeting room.
The case was initially heard in December, but commissioners voted to hold it to February, even after the Cobb zoning staff and Cobb Planning Commission recommended denial.
The land, once owned by the late Ruby Inez Fridell, is currently zoned R-80, the lowest residential density in the Cobb code, and has two older long-abandoned homes.
A new townhome development is adjacent on Terrell Mill, and nearby residential zoning ranges from R-20 to RA-6. But the Cobb future land map has designated those tracts as very-low density residential.
The vote to deny came after District 2 commissioner Jerica Richardson initially made a motion to approve the proposal, but couldn’t get support from her colleagues.
Her predecessor, former commissioner Bob Ott, spoke in favor of the self-storage facility. He lives nearby at Terrell Mill Estates, only a hundred feet from the Fridell property, and said that self-storage would create less traffic than townhomes suggested by opponents.
The facility would be built by Shamrock Building Systems, a prominent self-storage builder in the Atlanta area, and would include exteriors that look like townhomes.
Ott said during his time in office, the land in question was proposed for much more intense development, including a gas station and townhomes, that would have had a more detrimental impact on the community.
“We know what has been considered for this intersection,” he said, noting that there have been more than 20 accidents there since early 2020.
Former Commissioner Bob Ott speaking on behalf of a self-storage zoning proposal.
“Folks who live a mile or more from this property—they’re not impacted like we are.”
Ott said he thinks the stigma of self-storage is what’s driving the opposition. Much of that came from residents in the Amberley Park neighborhood, located further down Terrell Mill next to East Cobb Middle School.
Resident Kevin Nicholas, who ran to succeed the now-retired Ott in 2020, repeated his concerns that the land should remain residential, since it’s a residential area.
“There’s a vast majority of people who don’t want another self-storage in the community,” Nicholas said.
Among them are one of his neighbors, Steve Rowe, a real estate developer, who said self-storage “won’t enhance the value of the surrounding community.” He said that “transitional townhomes would be the obvious choice.”
ADP Terrell Mill attorney Kevin Moore said there’s strong community support from the Terrell Mill Estates, Millridge and Cobblestone subdivisions that are closer than Amberley Park.
Richardson said the case was “a tough one,” and as she tried to make a motion, she admitted to the audience hers was “a real-time decision.”
After making a motion to approve with a new stipulation letter, however, three of her colleagues, including District 3’s JoAnn Birrell, said they wouldn’t vote for it.
Birrell’s district was reapportioned to include the Terrell Mill property but because of the county’s home rule challenge over redistricting, Richardson led the discussion of the case.
“It should remain residential,” Birrell said. “It’s hard to look at R-80 going commercial.”
Chairwoman Lisa Cupid acknowledged that the architectural design of the building is “beautiful,” but that “self-storage is a difficult use. It’s impossible to see the compatibility of this.”
The only vote in favor of the rezoning and companion land-use permit required for self-storage facilities was Keli Gambrill of North Cobb.
Commissioners later vote 5-0 to remove a single-use stipulation for a Walgreens pharmacy on Johnson Ferry Road at Waterfront Drive.
The 1.28 acres at 3033 Johnson Ferry Road was zoned for a pharmacy-only in 2000. But Kenneth Weinstein, an attorney Mid-Atlantic Commercial Properties, LLC, said the Walgreens will soon be closing and his client wants to have some flexibility in redeveloping the land.
The East Cobb Civic Association and the Johnson Ferry-Shallowford (JOSH) advisory group appointed by Richardson submitted lists of nearly 30 prohibited uses, including drive-through and a grocery store.
After a nearly hour-long discussion, Richardson also struggled to make a motion, and wanted to ask for a 60-day continuance.
Weinstein said his client would likely walk away with another delay.
She eventually proposed to approve the pharmacy-only stipulation and add the civic groups’ list of prohibited uses.
Richardson’s motion said removing the pharmacy-only use was contingent on a new proposal to come back before commssioners.
Commissioners also voted on the consent agenda Tuesday to approve rezoning for Lidl to build a grocery store at the intersection of Canton Road and Piedmont Road.
Birrell thanked Lidl, the Canton Road Neighbors civic group and others in the community to make changes following several continuances.
It’s Lidl’s third attempt to locate a store in the Northeast Cobb area, after being denied rezoning at Gordy Parkway and Shallowford Road and abandoning plans for the Sprayberry Crossing redevelopment.
“I’m really forward to this opening soon,” Birrell said.
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Garvis Sams, an attorney for Stein Investment Group, wrote to Cobb zoning officials this week that his client needs more time to work with representatives of the Gordy Tract advisory committee for its recommendation.
The Cobb Board of Commissioners will meet Tuesday for their first zoning hearing of 2023.
Included on the consent agenda are plans by Lidl to build a freestanding grocery store at Canton Road at Piedmont Road.
That proposal got a favorable recommendation earlier this month from the Cobb Planning Commission.
Stein Investment Group wants to build a fast casual King’s Hawaiian restaurant on a portion of the former GTC Cobb Park 12 Cinema site on Gordy Parkway at Shallowford Road (case file here).
Cobb commissioners voted in 2021 to approve Stein’s plans for a self-storage facility. Last fall, Stein officials proposed building a 3,200-square-foot restaurant with 29 parking spaces on an existing parking lot on the property.
Another case to be heard Tuesday is a proposal to build a self-storage facility at Delk and Terrell Mill Roads that has drawn community opposition.
Several other East Cobb cases also have been delayed and will not be heard on Tuesday, including a proposal to build a two-story Starbucks at Paper Mill Village. That case has been continued to March.
The commission zoning hearing begins at 9 a.m. Tuesday in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta), and a summary and consent agenda can be viewed by clicking here.
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!
A rendering included in the zoning application for apartments on the current site of a Kroger on Powers Ferry Road.
As a new Kroger superstore is being built on the former site of Brumby Elementary School, plans are in the works to redevelop the current supermarket site nearby on Powers Ferry Road.
WC Acquisitions LLC has filed plans with the City of Marietta to build more than 300 apartments and 6,000 square feet of retail space on the current 4.8-acre site for Kroger (1122 Powers Ferry Road), which opened in 1982.
The developer’s attorney, noted Cobb zoning lawyer Garvis Sams, has applied seeking rezoning from community retail commercial to the mixed development category.
The application (you can read it here) is scheduled for its first hearing March 1 before the Marietta Planning Commission.
The apartment building would have 322 units and five stories, and in the application Sams said that the conceptual plan includes new landscaping and two courtyards.
He also said that a traffic study completed for the application “finds that traffic levels will at least remain constant once built, if not be improved. In this sense, the proposed development meets the purpose and intent of the parcel’s mixed-use zoning designation.”
The proposal said 65 percent of the apartments would be one-bedroom units, and 35 percent would have two bedrooms. The building also would have 7,000 square feet of residential amenities.
Sams wrote that the existing Kroger site is not a “redeemable retail location” due to its age and condition and that there are other supermarkets nearby, including a Publix across the street.
He said the area “is in need of a quality housing product offered at relatively affordable prices.”
Kroger opened in 1982 at Powers Ferry and Delk roads and will be relocating to Marketplace Terrell Mill.
Parking includes a proposed deck for the apartments with 485 spaces, and 27 spaces for retail.
“Adequate parking is provided for the retail component and therefore satisfies code requirements; however, parking for the residential component may be of concern,” application states.
That’s a ratio of 1.5 spaces per unit, when the Marietta city zoning code calls for one space per multi-family unit.
“The 485 spaces. . . is slightly more generous. It can be said, therefore, that the amount of parking anticipated is within range of what code prescribes,” Sams wrote.
Kroger will be closing the 50,000-square-foot site once the new superstore opens at Marketplace Terrell Mill, a mixed-use development that also includes a large apartment building in unincorporated Cobb.
That project was described as transformational for the Powers Ferry corridor when Cobb commissioners approved rezoning in 2018.
The new Kroger store is expected to be completed in March and will comprise 90,000 square feet as well as a gas station.
The Marietta Planning Commission will meet March 1 at 6:30 p.m. to make a recommendation; final action is expected by the Marietta City Council on March 8.
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For a larger view of the revised site plan, click here.
After a month’s break in January (when there are no zoning meetings in Cobb County), a notable East Cobb case that has been on hold for a while will finally get a hearing Tuesday.
The German grocer Lidl’s application to build a 20,000-square-foot store at Canton Road and Piedmont Road is on the consent agenda for the Cobb Planning Commission meeting Tuesday morning.
Zoning items are placed on the consent agenda when there is no known opposition.
As we’ve noted previously, Lidl has tried twice to locate a store in Northeast Cobb, and there hasn’t been any community opposition.
But after Lidl’s initial application for this third venue, there were zoning staff and public safety concerns about a proposed reduction in parking spaces and space for emergency vehicles.
The property is 3.47 acres at the southwest intersection, where a Rite Aid pharmacy once stood.
In late January, Lidl submitted a revised site plan (you can see it here) and a stipulation letter (read it here) outlining some of the changes, including a proposal to construct a deceleration lane for access from Piedmont Road.
The new site plan shows 101 parking spaces (the CRC category being sought requires a minimum of 111 spaces) and an above-ground detention pond has been relocated to “allow room for future DOT roadway improvements,” according to the stipulation letter from Lidl U.S. development manager Deborah Pyburn.
Lidl is proposing to pay a “pro-rata share” of the cost of building the deceleration lane, and would dedicate the right-of-way tot he county after the company assumes ownership of the new store site.
The letter also state’s Lidl’s plans to create fire apparatus access to within 200 feet of all areas of the facility.
Another East Cobb case that’s been waiting for a hearing has been put on hold again. S&B Investments’ plans for a two-story Starbucks at Paper Mill Village have been continued again at the request of the applicant.
In a letter on Tuesday, attorney Garvis Sams asked for the continuance until March after his clients redesigned the architecture, but they haven’t been able to meet with the community about the changes.
The Planning Commission is an advisory board that makes recommendations on zoning cases to the Cobb Board of Commissioners.
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