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



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Z2021-15 Atlanta St 401 10/14/2021

MAP



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Z2021-15 Atlanta St 401 10/14/2021

FLU MAP



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Z2021-15 Atlanta St 401 10/14/2021

PICTURES OF PROPERTY

Subject property at 401 Atlanta Street

Subject property



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Z2021-15 Atlanta St 401 10/14/2021

Parking area towards rear of subject property

Parking area towards rear of subject property



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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.



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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.



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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)].



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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



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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.



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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:

slittle

Received

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

http://www.mariettaga.gov/

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


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 Council Hearing Date:

Applicant:

Property Owner:

Case Number:

11/3/21

11/10/21

James K. Knight

Mt. Tabor Investments, LLC

Z2021-15

rosindel

Callout

zoned R4 (Z2021-01)

rezoning application analysis

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