Download - REZONING APPLICATION ANALYSIS
Department of Development Services 205 Lawrence Street Marietta, Georgia 30060
Rusty Roth, AICP, Director
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Z2021-15 Atlanta St 401 10/14/2021
REZONING APPLICATION ANALYSIS
ZONING CASE #: Z2021-15 LEGISTAR: #20210836
LANDOWNERS: James K. Knight
401 Atlanta Street SE
Marietta, GA 30060
APPLICANT: Mt. Tabor Investments, LLC
AGENT: Adam J. Rozen, P.C.
PROPERTY ADDRESS: 401 Atlanta Street SE
PARCEL DESCRIPTION: 16 1289 0300
AREA: ~0.337 acres COUNCIL WARD: 1A
EXISTING ZONING: OI (Office Institutional)
REQUEST: OI (Office Institutional) with additional use as a
hair/beauty salon
FUTURE LAND USE: NAC (Neighborhood Activity Center)
REASON FOR REQUEST: The applicant is requesting the rezoning of this
property from OI to OI with an additional use in order to develop a hair/beauty
salon.
PLANNING COMMISSION HEARING: Wednesday, November 3, 2021 – 6:00 pm
CITY COUNCIL HEARING: Wednesday, November 10, 2021 – 7:00 pm
Department of Development Services 205 Lawrence Street Marietta, Georgia 30060
Rusty Roth, AICP, Director
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Z2021-15 Atlanta St 401 10/14/2021
MAP
Department of Development Services 205 Lawrence Street Marietta, Georgia 30060
Rusty Roth, AICP, Director
3
Z2021-15 Atlanta St 401 10/14/2021
FLU MAP
Department of Development Services 205 Lawrence Street Marietta, Georgia 30060
Rusty Roth, AICP, Director
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Z2021-15 Atlanta St 401 10/14/2021
PICTURES OF PROPERTY
Subject property at 401 Atlanta Street
Subject property
Department of Development Services 205 Lawrence Street Marietta, Georgia 30060
Rusty Roth, AICP, Director
5
Z2021-15 Atlanta St 401 10/14/2021
Parking area towards rear of subject property
Parking area towards rear of subject property
Department of Development Services 205 Lawrence Street Marietta, Georgia 30060
Rusty Roth, AICP, Director
6
Z2021-15 Atlanta St 401 10/14/2021
STAFF ANALYSIS Location Compatibility
The applicant, Mt. Tabor Investments, LLC, is requesting the rezoning of the property at
401 Atlanta Street from OI (Office Institutional) to OI with an additional use. The subject
property is approximately 0.337 acres total, currently zoned OI and is located just outside
the Marietta Square. The properties to the south are also zoned OI; the properties to the
north and west of the subject property are zoned R-4 (Single Family Residential – 4
units/acre); while the properties to the east are zoned PRD-SF (Planned Residential
Development – Single Family).
Use Potential and Impacts The applicants would like to use the existing building, approximately 2,400 square feet in
size, as a hair and beauty salon. The applicant has stated that they will maintain the existing
lot and building but will rehabilitate the interior in order to accommodate a hair and beauty
salon; no changes to the exterior of the property have been stated. The business will
primarily focus on hair/makeup preparation for weddings and other special events.
The OI district is intended to provide suitable areas for nonretail commercial uses such as
offices and financial institutions, schools and clinics. The subject property is adjacent to
single-family residences on both the northern (R-4) and eastern (PRD-SF) portion of the
property. When a residential property abuts a property zoned OI, a 30-foot buffer shall be
established. However, it should be noted that there is 30 feet of unpaved area towards the
rear of the parcel. City staff recommends a staggered row of evergreens (minimum 3”
caliper) to act as visual screening for the residential properties to the north and the east. A
fence along the northern property line would also be helpful to buffer the impacts of
increased traffic to the subject property. The following variance will be required:
• Variance to eliminate the 30-foot buffer requirement along the northern portion of
the property [§708.23(I)] with a stipulation that a single row of evergreen trees be
planted along the northern and eastern property line. A new, 6’ opaque fence will
also be required along the northern property line.
Properties zoned OI also require a parcel width minimum of at least 75 feet; currently the lot
width for the subject property is approximately 66 feet. Therefore, the following variance
will be required:
• Variance to reduce the minimum lot width for a property zoned OI from 75 feet to
the existing 64 feet [§708.23(H)]
This property is located in a transitional area containing residential, office, and commercial.
The Future Land Use (FLU) of this property is NAC (Neighborhood Activity Center),
which is intended to provide for the immediate needs of neighborhood residents/businesses
and should be small in scale, with buildings 10,000 square feet or less. Although OI zoning
is not compatible with a future land use of NAC, a small hair and beauty salon would be
considered compatible with the future land use of NAC.
Department of Development Services 205 Lawrence Street Marietta, Georgia 30060
Rusty Roth, AICP, Director
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Z2021-15 Atlanta St 401 10/14/2021
Environmental Impacts
The renovation of the existing office building should not have any adverse environmental
impacts beyond what is involved in normal site development. However, any development
that would increase water run-off on the site would be required to comply with the City’s
Stormwater Ordinance.
Economic Functionality
Previously, the structure had been used as various office spaces (attorney’s office and a
modeling agency) consistently since 2000. Prior to those businesses, the structure was used
as a hair and beauty school in 1991. The most recent business license for the subject
property was in 2006.
The surrounding area is made up of single-family residences, real estate investors, law
offices, and a business consulting agency. The proposed office use for the property would fit
with the current usages within the surrounding area operating under the NRC zoning
district.
Infrastructure
The proposed use should not affect the current transportation, education, water, sewer,
electricity, or other public infrastructure in the area.
Although the property is within Tier B of the Commercial Corridor Design Overlay District,
the property would not be subject to those regulations being that there are no substantial
improvements planned to the structure or site itself. Though it should be noted, if the cost of
construction exceeds 50% of the replacement cost of the building, then everything on site
must come under current zoning regulations for a property zoned OI [§706.03(C)].
Overhead Electrical/Utilities
There are existing overhead utilities located throughout the subject area that will be required
to go underground if the poles are disturbed by development. No vertical structures shall be
built within ten (10) feet of any overhead power lines.
Department of Development Services 205 Lawrence Street Marietta, Georgia 30060
Rusty Roth, AICP, Director
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Z2021-15 Atlanta St 401 10/14/2021
History of Property
There is no history of any variance, special land use permit, or rezoning at the subject
property.
Historical Impacts
Cobb County Board of Tax Assessors’ website indicates the structure on this property was
built in 1991. It is not included in any historic district nor is there any indication of any
historic resources on the site.
Other Issues
This property is located within Tier B of the Commercial Corridor Design Overlay District.
According to the City’s Ordinance, “the general purpose of the Tier B design overlay is to
encourage private development to integrate some pedestrian design features and aesthetic
improvements into automobile-oriented corridors…” [§712.09 (G)].
Department of Development Services 205 Lawrence Street Marietta, Georgia 30060
Rusty Roth, AICP, Director
10
Z2021-15 Atlanta St 401 10/14/2021
DATA APPENDIX
CITY OF MARIETTA - WATER
Is a water line adjacent to the property?
Yes
If not, how far is the closest water line?
N/A
Size of the water line?
10”
Capacity of the water line?
A fire flow test may be required
Approximate water usage by proposed use?
Not provided
CITY OF MARIETTA - WASTEWATER
Is a sewer line adjacent to the property?
Yes
If not, how far is the closest sewer line?
N/A
Size of the sewer line?
8”
Capacity of the sewer line?
A.D.F
Peak
Estimated waste generated by proposed
development?
Not Provided
Treatment Plant Name?
South Cobb WRF
Treatment Plant Capacity?
Cobb County
Future Plant Availability?
Cobb County
Department of Development Services 205 Lawrence Street Marietta, Georgia 30060
Rusty Roth, AICP, Director
11
Z2021-15 Atlanta St 401 10/14/2021
DATA APPENDIX CONTINUED
DRAINAGE AND ENVIRONMENTAL CONCERNS
Does flood plain exist on the property: No
What percentage of the property is in the
flood plain?
N/A
What is the drainage basin for the
property?
Rottenwood Creek
Is there potential for the presence of
wetlands as determined by the U.S.
Environmental Protection Agency?
No
If so, is the use compatible with the
possible presence of wetlands?
N/A
Do stream bank buffers exist on the parcel? No
Are there other topographical concerns on
the parcel?
No
Are there storm water issues related to the
application?
No
Potential presence of endangered species in
the area?
No
Additional Comments:
- No comments.
TRANSPORTATION
What is the road affected by the proposed
change?
Atlanta St
What is the classification of the road? Arterial
What is the traffic count for the road? 13,400 (GDOT 2020)
Estimated # of trips generated by the
proposed development?
Unknown
Estimated # of pass-by cars entering
proposed development?
Unknown
Do sidewalks exist in the area? Yes
Transportation improvements in the area? No
If yes, what are they? NA
Additional Comments:
Any improvements affecting the sidewalk or driveway must be approved by GDOT as
this is a State Route.
Department of Development Services 205 Lawrence Street Marietta, Georgia 30060
Rusty Roth, AICP, Director
12
Z2021-15 Atlanta St 401 10/14/2021
EMERGENCY SERVICES
Nearest city or county fire station from the
development?
112 Haynes St (51)
Distance of the nearest station?
1.4 Miles
Most likely station for 1st response?
51
Service burdens at the nearest city fire
station (under, at, or above capacity)?
Under
Comments:
No comments concerning rezoning. Caution applicant if building is not currently
protected by fire sprinklers. Any additions will require fire sprinklers or if cost of
alterations/renovations meets or exceeds current tax appraised value, sprinklers could be
required.
MARIETTA POWER - ELECTRICAL
Does Marietta Power serve this site? Yes x No
If not, can this site be served? Yes No
What special conditions would be involved in serving this site?
Additional comments:
CITY OF MARIETTA
PUBLIC NOTICE OF REZONING
The City of Marietta hereby gives notice that a public hearing will be held on the following by the Planning Commission
on Wednesday, November 3rd, 2021, 6:00 P.M., City Hall, for a recommendation to the City Council at their meeting on
Wednesday, November 10th, 2021, 7:00 p.m., City Hall, for a final decision to be made.
Z2021-15 [REZONING] MT. TABOR INVESTMENTS, LLC (JAMES K. KNIGHT) are requesting the rezoning of
0.35 acres located in Land Lot 1289, District 16, Parcel 0300 of the 2nd Section, Cobb County, Georgia, and being known
as 401 Atlanta Street from OI (Office Institutional) to OI (Office Institutional) with an additional use as a barber and beauty
shop. Ward 1A.
A description and plat of the property sought for the rezoning, special land use permit, and variances are on file in the
Planning and Zoning Office, City Hall, and is available for inspection between 8:00 A.M. and 5:00 P.M., Monday through
Friday. Anyone wishing to attend may do so and be heard relative thereto. You may also review the property file at
www.mariettaga.gov and enter the case # in the search box.
For additional information please call the Planning and Zoning Office (770) 794-5669.
Accessibility to Meetings: If you believe you may need the City/BLW to provide special accommodations in order to
attend/or participate in any of the above meetings, please call ADA Coordinator at 770-794-5558 no later than 48 hours
before the date of the above meeting.
City of Marietta
205 Lawrence Street
Marietta, Georgia 30060
Future Land Use
Ward ZoningAddress Acreage FLUParcel Number
16128900300 0.337 1A OI NAC401 ATLANTA ST
Future Land Use:
City Council Hearing Date:
Case Number:
Planning Commission Hearing Date:
City of Marietta Planning & Zoning
Comments:
11/3/21
11/10/21
NAC
Ward FLU
Rezoning
Parcel NumberAddress Acreage Zoning
OI16128900300 1A NAC0.337401 ATLANTA ST
City of Marietta Planning & Zoning
Proposed Zoning:
City Council Hearing Date: Case Number:
Applicant:
Proposed Use:
Property Owner:
Agent:
Planning Commission Date:
Mt. Tabor Investments, LLC
OI with additional use (barber/beauty salon)
James K. Knight
11/3/21
Z2021-1511/10/21
Aerial Map
Ward ZoningAddress Acreage FLUParcel Number
16128900300 0.337 OI NAC401 ATLANTA ST 1A
Comments:
BZA Hearing Date:
Planning Commission Hearing Date:
City of Marietta Planning & Zoning
City Council Hearing Date:
Applicant:
Property Owner:
Case Number:
11/3/21
11/10/21
James K. Knight
Mt. Tabor Investments, LLC
Z2021-15