Marietta mayor vetoes Powers Ferry Road apartment project

Apartments proposed Powers Ferry Kroger site

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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East Cobb Church, ‘JOSH’ development begin to take shape

East Cobb Church construction gets underway

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.

East Cobb Church construction takes shape
For a larger view click here.

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 site plan 3.14.23
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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Post Oak Tritt subdivision proposal delayed at first hearing

Post Oak Tritt zoning case delayed
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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Paper Mill Village Starbucks plans reduced to one-story building

Paper Mill Village Starbucks plans reduced

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 by clicking here.

You also can watch on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.

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East Cobb zoning update: King’s Hawaiian plans delayed again

King's Hawaiian plans NE Cobb

The Cobb Board of Commissioners on Tuesday continued a long-delayed request for a King’s Hawaiian restaurant in Northeast Cobb and turned down a request for a self-storage facility off Johnson Ferry Road.

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.

Noble Storage LLC rendering

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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Powers Ferry Road apartment proposal delayed in Marietta

Apartments proposed Powers Ferry Kroger site

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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East Cobb Zoning Update: PMV, Post Oak Tritt cases delayed again

Post Oak Tritt zoning case delayed
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.

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Marietta Planning Commission OK’s Powers Ferry apartments

Apartments proposed Powers Ferry Kroger site

The first hurdle for a 322-unit apartment building on a Kroger site on Powers Ferry Road was cleared Wednesday when the Marietta Planning Commission unanimously recommended approval.

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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Cobb commissioners deny Terrell Mill-Delk self-storage plans

East Cobb rezonings held; Terrell Mill self-storage facility
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.

Terrell Mill-Delk self-storage facility denied
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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King’s Hawaiian case continued; Lidl on Cobb zoning agenda

King's Hawaiian plans NE Cobb
A rendering of the proposed King’s Hawaiian restaurant on Gordy Parkway.

A request to amend a site plan to allow for a King’s Hawaiian restaurant in Northeast Cobb is being delayed again.

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.

He didn’t specify the issues, but the request is similar to a continuance granted in December.

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.

Commissioners voted in December to continue a request by ADP Terrell Mill despite the applicant making numerous changes.

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.

The full agenda can be found by clicking here, and individual case files can be accessed by clicking here.

You also can watch on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.

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Apartments, retail proposed at Powers Ferry Kroger site

Apartments proposed Powers Ferry Kroger site
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.”

Man charged Delk Powers-Ferry grocery kidnapping
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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NE Cobb Lidl zoning case to be heard; Starbucks PMV on hold

 

NE Cobb Lidl zoning case to be heard
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.

A summary and consent agenda can be found here; the full agenda and individual case files can be found by clicking here.

The zoning hearing begins at 9 a.m. Tuesday in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta).

You also can watch on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.

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Deborah Dance reappointed to Cobb Planning Commission

Deborah Dance reappointed Cobb Planning Commission
Deborah Dance

Former Cobb County Attorney Deborah Dance has been appointed to serve a four-year term on the Cobb Planning Commission by District 3 commissioner JoAnn Birrell.

Dance will serve through the end of 2026, the length of Birrell’s fourth term that began in January.

Dance was initially appointed in February 2021 following the death of Judy Williams.

Dance’s reappointment was announced at the end of Tuesday’s Cobb Board of Commissioners meeting.

But Birrell was not formally part of the meeting after she and fellow commissioner Keli Gambrill were asked to leave for abstaining from votes.

They’re protesting a commission electoral map they say is unconstitutional and is the subject of a lawsuit.

Birrell and Gambrill were both re-elected in November, but their Democratic commission colleagues approved different maps from those reapportioned by the legislature.

Planning commissioners serve in an advisory role, hearing zoning cases and making recommendations that are forwarded to county commissioners.

Planning board members typically lead the discussion of cases in their respective commission districts. Dance inherited the Sprayberry Crossing redevelopment case, and the planning board ultimately made no recommendation.

Cobb commissioners eventually approved the rezoning but without a Lidl grocery store that was to have been the anchor of the new project and with apartments limited only for those aged 55 and older.

Lidl is applying to build a store at the Canton-Piedmont intersection but its application has been delayed.

It’s unclear what the new commission district lines will look like in February, when zoning cases will next be heard.

The District 3 in the legislature’s map includes most of East Cobb; the county’s map retains in East Cobb a good portion of District 2.

Gambrill also reappointed Fred Beloin to the planning commission and to the Cobb Board of Zoning Appeals through 2026.

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Cobb commissioners hold East Cobb rezonings until February

East Cobb rezonings held; Terrell Mill self-storage facility
Homes or a place for stuff that doesn’t fit homes? A proposed self-storage facility on Terrell Mill Road would look residential—on the outside.

A proposal to turn one of the older homesteads in the Powers Ferry Road corridor into a self-storage facility was put on hold Tuesday by the Cobb Board of Commissioners.

A rezoning request by ADP Terrell Mill on two parcels of land on Terrell Mill Road at Delk Road was opposed by some nearby residents and recommended for denial by the Cobb Zoning Staff, despite the applicant’s many changes and negotiations with the community.

They included architectural design changes to make the exterior of the proposed 40,000-square foot building look residential. The facility would be built by Shamrock Building Systems, a prominent self-storage builder in the Atlanta area.

“It looks and feels much more residential, and fits in with the neighborhood,” said zoning attorney Kevin Moore, who represents the applicant.

Kevin Nicholas, who lives in the nearby Amberley Place subdivision, wasn’t buying it.

“We don’t need another self-storage facility in this area,” said Nicholas, who ran for Cobb commissioner in 2020 and also served on the Development Authority of Cobb County. “It’s not a commercial tract. It’s a residential tract.”

There’s a self-storage building at the new MarketPlace Terrell mixed-use development and further down Powers Ferry near Windy Ridge Parkway.

(You can read the case file by clicking here.)

The 2.55 acres at the intersection of Terrell Mill and Delk are zoned R-80, the lowest-density of single-family zoning categories in the Cobb code.

Each of the two tracts have had single-family homes dating from before the area became heavily surburbanized. Nearby residential zoning ranges from R-20 to RA-6—there’s an adjacent townhome community—but the property owned by the late Ruby Inez Fridell is designated as very low density residential (VLDR) on the Cobb future land use map.

“That just doesn’t match to me,” Commissioner JoAnn Birrell said, noting that most of the e-mails she’s received are opposed to the rezoning.

Cobb zoning division manager John Pederson told her that’s the last R-80 land in that area of East Cobb.

Nicholas and several commissioners suggested either other commercial uses—such as a coffee shop—or residential.

But Moore said residential development there is not “economically viable. It’s too small of a property.”

Commission chairwoman Lisa Cupid noted that citizens rarely speak in favor of self-storage facilities.

“Maybe there are pigs flying outside,” she said. “It’s a beautiful building” but she suggested that other commercial uses “may be more neighborhood-oriented.”

Commissioner Jerica Richardson of District 2 made a motion to hold the case to February, when zoning cases are next heard.

“There may be a way to satisfy the community on that side and honor the work that’s been done” by the applicant,” she said.

3033 Johnson Ferry Road, East Cobb rezonings delayed
Walgreens will be leaving the location at 3033 Johnson Ferry Road at Waterfront Drive.

Richardson also moved to hold another case in her district, a site-plan change involving a Walgreens store in the Johnson Ferry Road corridor.

David Weinstein, an attorney representing Mid-Atlantic Commercial Properties, LLC, said his client is seeking a change from a single-use only designation for 1.28 acres at 3033 Johnson Ferry Road.

He said Walgreens will be vacating that facility, and his client wants to have some more flexibility within the neighborhood retail commercial (NRC) category.

(You can read the case filing by clicking here.)

In rezoning the land in 2000, Cobb commissioners limited that use to a pharmacy or drug store only. Other uses proposed by Mid-Atlantic Commercial Properties could be for a banks or medical office, as well as restaurant space.

The existing building could remain standing and be converted, or a new facility could be constructed, Weinstein said, adding that his client may purchase two adjoining parcels on Johnson Ferry to enable a deceleration lane.

He mentioned a fast-casual concept with a drive-thru as a possibility, but the East Cobb Civic Association is opposed to that use.

ECCA president Richard Grome said there are traffic, noise and compatibility issues with the request. The Walgreens sits at the intersection of Johnson Ferry and Waterfront Drive, adjacent to planned townhomes that were part of the East Cobb Church rezoning in 2021.

“There’s going to be light pollution for those townhouses,” Grome said.

Rachel Bruce, a member of the Johnson Ferry-Shallowford (JOSH) advisory committee created by Richardson, said she hadn’t heard from the applicant and worried that residents in the area would have one less place to get prescription drugs.

“Walgreens is leaving. We don’t have any control over that,” Weinstein said.

Cobb DOT said the Walgreens property doesn’t have enough right-of-way for a deceleration lane, and if a restaurant were to built there, access via Johnson Ferry should be removed.

Commissioner Keli Gambrill said she understood why her predecessors limited what could go on that land.

“Based on DOT, there’s not room for deceleration,” she said. “I agree with not having a restaurant there.”

Richardson’s motion includes provisions for JOSH committee input and the submission of a site plan and architectural plans when the case comes back before commissioners.

A proposal for a King’s Hawaiian restaurant in Northeast Cobb, which has been delayed before, also is being pushed back to February.

Birrell said she received a new stipulation letter from an attorney for Stein Investment Group on Tuesday.

The applicant wants to add the restaurant on former GTC Cobb Park 12 Cinema property on Gordy Parkway and Shallowford Road that rezoned last year for a self-storage facility.

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King’s Hawaiian plans to go before Cobb commissioners

King's Hawaiian plans NE Cobb

We noted earlier this month that rezoning requests for a Northeast Cobb Lidl grocery store and an expanded Starbucks at Paper Mill Village won’t be heard until February at the earliest.

But there are a couple of other development cases of interest in the East Cobb area that will be heard Tuesday by the Cobb Board of Commissioners.

Both are proposed revisions to stipulations for existing zoning categories.

One of them would permit a King’s Hawaiian fast-casual restaurant at the site of the former GTC Cobb Park 12 Cinema on Gordy Parkway at Shallowford Road (staff filing and renderings here).

That request by Stein Investment Group comes a year after the applicant got rezoning to convert the movie theater into a self-storage facility.

The current request would use a portion of that land for a 3,200-square-foot restaurant with 29 parking spaces. Since it’s a site plan amendment and not a full rezoning case, the application didn’t have to go before the Cobb Planning Commission.

The Cobb zoning staff didn’t make any comments on the site plan review, but Cobb DOT is recommending that the access points should be on Gordy Parkway on a right-in, left-out and right-out basis due to its proximity to Shallowford Road.

Another item on the Other Business agenda includes a revision in stipulations for the use of what’s a Walgreen’s pharmacy at 3033 Johnson Ferry Road.

That’s at the intersection of Johnson Ferry and Waterfront Drive, what will be the main access point for a residential area of a mixed-use development approved last year and that will include the East Cobb Church.

Mid-Atlantic Commercial Properties wants to change a stipulation in the neighborhood retail commercial (NRC) category that limits usage of the 1.28-acre tract for a pharmacy or drug store only.

The proposed future uses of that land, according to the agenda filing (you can read it here) would “include but not be limited to drug store/pharmacy, banking, restaurant, medical use.”

The property was zoned NRC in 2000 and is located on one of several outparcels on Johnson Ferry that were not part of the East Cobb Church (Northpoint Ministries) rezoning case.

Another is the adjacent Take 5 oil change business and unoccupied tracts located in a flood plain.

The full agenda for Tuesday’s zoning hearing can be found by clicking here. The meeting starts at 9 a.m. in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta).

You also can watch on the county’s websiteFacebook Live and YouTube channels and on Cobb TV 23 on Comcast Cable.

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Lidl rezoning request for NE Cobb store delayed to February

Lidl Northeast Cobb plans
The discount grocer Lidl’s rezoning request to build a store in Northeast Cobb is being continued to February.

So is a previously delayed application to build a standalone Starbucks coffee shop at Paper Mill Village.

They were to have been heard Tuesday by the Cobb Planning Commission.

Lidl filed a revised site plan and new renderings and elevations on Nov. 18 for a 31,540-square-foot store on 3.47 acres at Canton and Piedmont roads, on the site of a closed Rite Aid pharmacy.

But the application calls for only 128 parking spaces; a minimum of 158 are required for the CAC (commercial activity center) and NAC (neighborhood activity center) categories being sought.

The new site plan includes an above-ground retention pond at the Canton-Piedmont intersection.

But the biggest concern for the Cobb Zoning Office is the limited amount of space for emergency vehicles. The staff analysis (you can read it here) recommends approval pending those and other issues being addressed.

The continuance comes after a community meeting this week involving Lidl, the Canton Road Neighbors civic group, Commissioner JoAnn Birrell and Planning Commissioner Deborah Dance.

 

For a larger view, click here.

This is Lidl’s third attempt to build a store in the Northeast Cobb area; a store at Woodlawn Square opened in the former Fresh Market space in September 2020.

In the Paper Mill Village Starbucks case, the applicant, S & B Investments, is requesting the continuance to February.

Attorney Garvis Sams said in a letter that the building’s architecture and configuration on the site are being changed.

The application for the proposed two-story, 5,000-square foot building has been continued twice before.

Zoning cases are not heard in Cobb County in January.

The Cobb Planning Commission is a five-member body appointed by the Cobb Board of Commissioners to make recommendations in zoning cases.

Final decisions are made by county commissioners, who meet on the third Tuesday of the month.

The full agenda for Tuesday’s Planning Commission meeting can be found by clicking here. A summary agenda can be found here.

You also can watch on the county’s websiteFacebook Live and YouTube channels and on Cobb TV 23 on Comcast Cable.

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The Avenue East Cobb redevelopment construction work begins

The Avenue East Cobb construction work
Fencing around the back portion of The Avenue East Cobb has prompted some significant traffic detours.

Right before the holiday shopping season got underway, a sizable portion of the back parking lot at The Avenue East Cobb was being fenced off.

It’s the start of a redevelopment plan we’ve been following for some months, to include a public plaza and two “jewel box” buildings with restaurants and retail, as well as optional valet parking.

“Our intention is to transform AEC into a more walkable and pedestrian-friendly destination, so the current, short-term disruption to traffic flow is required to reach that goal,” said Britni Johnson, a spokeswoman for North American Properties, which manages the retail center on Roswell Road.

The groundbreaking was in August, but nothing further has happened until now to begin work on the “Central Boulevard” plan that’s scheduled to be completed early next year.

The barricades and fencing went up earlier this month, and the loss of a few dozen parking places and detours caused some traffic issues on Black Friday and over the weekend.

What you can’t do any longer—and this change is permanent—is use the traffic lane closest to the back of the main building, between the former Bravura store and what was Stockyard Burgers and Bones.

That’s where Central Boulevard will be located, featuring the public plaza and the valet service.

The jewel boxes will be constructed in the parking lot area between that building and the Michael’s craft store.

For the time being, there is no access along the back traffic lane between the Pottery Barn and Williams-Sonoma.

There is some limited parking in that area, including access to Michael’s, with detour signs and arrows on the pavement directing motorists around the fencing.

There were some complaints on social media about the construction work, especially the timing given the holidays.

North American Properties said in response to questions from East Cobb News that 88 parking spaces have been fenced off for the construction, with all but 20 to reopen when the project is.complete.

Johnson said construction is beginning late due to delays in getting necessary permits.

She said the building permit took longer than expected, and that while construction could have begun in September, when a civil permit was issued, “we chose to wait until building construction could officially get underway to reduce the amount of disturbance time for locals.”

She said the decision to begin work now, at the start of the holidays, was necessary “to keep the project on track for a summer 2023 delivery.”

Johnson said the “no thru traffic section” was opened on Black Friday and it is open again now.

The Avenue has scheduled a number of holiday events, including caroling this Friday, a live music concert next week and a Menorah lighting on Dec. 18.

When asked how extra traffic for weekend shopping and holiday events would be handled, Johnson said that “We are actively working with our general contractor to determine a low-impact solution for keeping the drive aisle open throughout the project while also moving construction forward in a timely manner.”

The Avenue East Cobb construction work
The planned “Central Boulevard” will be built between the main and back buildings at The Avenue East Cobb.

The Avenue East Cobb construction workA public plaza will be built at the former Bravura store.

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Cobb launches UDC page, announces December public meetings

The Cobb Unified Development Code project has a new web address and two public meetings have been scheduled for early December as an independent consultant begins its work.Cobb UDC page launches

Cobb government said Monday that public meetings will take place next week—Monday, Dec. 5 at the North Cobb Regional Library (3535 Old Highway 41 Northwest, Kennesaw) and Tuesday, Dec. 6 at the Switzer Library (266 Roswell Street, Marietta).

Both meetings are scheduled from 6:30 p.m. to 8:30 p.m.

Other meetings throughout the county will be announced at a later date.

The UDC is a project of the Cobb Community Development Agency, whose goal, according to a county release, “is to produce a document that encourages and enables development and redevelopment in identified centers while preserving the unique character of the county’s rural areas.”

Community development officials said it’s needed because development regulations in Cobb date back to the 1970s.

“The project,” according to the county, “also aims to protect existing neighborhoods, conserve natural and historic resources, support economic development and provide an opportunity for various housing types.”

Cobb commissioners in a split vote in August approved spending nearly $500,000 to hire Clarion Associates, LLC, a nationwide land-use and planning consulting firm which has provided services for a UDC in Hall County and design and development guidelines in Savannah.

Some critics of the UDC proposal in Cobb have called it “a war on the suburbs,” but agency officials said it’s an increasingly common approach to pulling together all components of development projects.

The consultant’s work will take place over an 18 to 24-month process, starting this winter with public meetings and feedback sessions and opportunities.

A code assessment process will start in the spring of 2023, followed by a draft UDC expected to be presented in the spring of 2024. Public hearings of that draft are slated from summer-fall of 2024.

The new Cobb UDC page includes a timeline of that process, along with zoning, development and design documents and project updates and other materials.

Citizens also can submit questions and sign up for project updates and other information, provide comments and review and comment on draft documents.

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Cobb to object to Marietta annexation of Bells Ferry land

Cobb objects Marietta annexation Bells Ferry land
A proposed annexation by the City of Marietta for nearly 160 acres (in red stripes) off Bells Ferry Road is being opposed by Cobb commissioners. City land is in blue. 

Cobb commissioners are expected to formally file a letter of objection Thursday to an annexation request by the City of Marietta for nearly 170 acres of land off Bells Ferry Road for a major subdivision.

Beazer Homes, the developer of what had been originally proposed as a nearly 700-home development, is requesting rezoning in Marietta after dropping a rezoning request before the county earlier this year.

The Marietta City Council was scheduled next month to hear Beazer’s plans for a 596-home development on several tracts of undeveloped land at Bells Ferry Road and Laura Lake Drive, near I-575.

But under a HB 489, a state home rule law, county governments can file objections for municipal annexations for density and other reasons.

In a certified letter to Marietta Mayor Steve Tumlin and included with the agenda item for Thursday’s meeting, Cobb commissioners said they were objecting because the proposed density of the development is 3.4 units an acre, over the maximum density of 3 units per acre under the low-density residential (LDR) category of the property that’s designated in the county’s future land-use map.

The various parcels of the assembled land are owned by the Montgomery family and represent one of the largest relatively undeveloped tracts in Cobb. Several homes are currently scattered across the properties, according to a county analysis of the annexation request.

A total of 6.6 acres of the 168 acres, all of which are zoned R-20, is already inside Marietta city limits. The county was deeded 24 acres that includes Laura Lake and a dam.

Nearby civic groups have objected due to traffic concerns.

The case is similar to an objection filed by Cobb commissioners in 2019 over a proposed annexation by Marietta of land at Lower Roswell Road and the South Marietta Parkway.

Traton Homes wanted to convert vacant lots into a high-density residential development with a single access point at the entrance of the Sewell Manor neighborhood in unincorporated Cobb.

Residents there also objected, but the county staff made a mistake in not requesting a formal vote from commissioners. Marietta could have annexed the land because of that error and the case was set to go to mediation.

Commissioners did send a letter of objection that Tumlin said he would honor and Traton ultimately withdrew its rezoning and annexation request.

Commissioners are meeting Thursday instead of their regularly scheduled fourth Tuesday meeting due to the Thanksgiving holiday next week.

The full agenda for Tuesday’s meeting can be found by clicking here. It will take place starting at 7 p.m. in the second floor board room of the Cobb Government Building, 100 Cherokee St., in downtown Marietta.

You also can watch on the county’s websiteFacebook Live and YouTube channels and on Cobb TV 23 on Comcast Cable.

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Shallowford/Trickum gas station/car wash rezoning approved

Shallowford Trickum car wash plans delayed

After several months of delays, a car wash and gas station/convenience store proposal at the intersection of Shallowford Road and Trickum Road was approved Tuesday by the Cobb Board of Commissioners.

By a 4-0 vote, commissioners approved the rezoning request by Southern Gas Partners to build a dual-purpose facility at the southwest intersection on two parcels totaling 3.1 acres, including the former site of a long-vacated gas station.

The plans call for a 2,258 square foot convenience store/gas station that would operate 24 hours a day, seven days a week on the Trickum Road parcel.

Another 2,287 square feet would be used for a car wash to be built on 2.3 undeveloped acres fronting Shallowford Road that would be open from 7 a.m. to 7 p.m. seven days a week.

Commissioner JoAnn Birrell, whose district includes the properties, was absent due to a death in her family.

The case was originally heard in July but delayed several times due to objections from nearby residents over traffic and stormwater issues.

But nobody attended in opposition at Tuesday’s zoning hearing. You can read the case file by clicking here.

That’s because Cobb DOT agreed to construct a one-foot median on Trickum Road to prevent northbound traffic from turning left into the facility.

Instead, Trickum Road access will be southbound only, on a right-in, right out basis.

On Tuesday, James Courson, the Southern Gas Partner representative, told commissioners that was the last item of concern from the community.

He was surprised, however, when Cobb DOT asked that his client pick up the tab for constructing the median, saying most of the traffic issues on that part of Trickum Road were due to “improper” traffic movements coming from a Dunkin Donuts across the street.

The DOT-proposed median, Courson said, “will have no bearing on us.”

He suggested that Dunkin Donuts pay for the median funding.

In making her motion to approve the rezoning, Commissioner Keli Gambrill said the county would negotiate with Southern Gas Partners for a funding solution.

Southern Gas Partners also agreed to give up a two-foot easement for median construction.

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