USEFUL LINKS

A new zoning category to be considered by the Cobb County Board of Commissioners Feb. 23 has local origins attached to it and could impact future zonings on redevelopment corridors. Or not.

The Neighborhood Compatible Services (NCS) zoning district being considered originated with an early 2009 Canton Road rezoning application involving John Fitzpatrick, who owned a parcel of land at the corner of Canton and Powell Wright roads, that had been zoned General Commercial (GC) for more than 30 years. Because of the change in use Fitzpatrick was proposing on his property and a change in the property's designation on the Cobb County Future Land Use Map from a Community Activity Center (CAC) to a more limited Neighborhood Activity Center (NAC), the GC zoning was not available. That led county officials to create a committee of business owners and homeowners, which looked into the possibility of designing a new zoning district. With input from the committee, Cobb County's Community Development Department put together the NCS district.

A rezoning request on this section of Canton Road, next to Powell Wright Road, led to the formation of a committe created to make recommendations for a new zoning category in Cobb County. Commissioners will take a look at the new proposed zoning district at their Feb. 23, 2010 meeting.

In a draft county staff will present to commissioners, the (NCS) district provides locations for a variety of uses, including professional offices, financial institutions, convenience shopping facilities, retail, services and business distribution/service facilities. Also included are assembly processes, which do not emit noise, vibration, smoke, gas, fumes, odors or radiation and are located entirely within an enclosed building which do not involve manufacturing or fabrication of any product, which are on properties delineated for neighborhood activity center or community activity center as indicated in adopted corridor studies along Canton Road, Austell Road, Six Flags Drive and Veterans Memorial Highway as defined and shown in the Cobb County 2030 Comprehensive Plan: Mapping Cobb’s Future.

When the Canton Road Redevelopment Plan was adopted by commissioners in 2005, land use changes along the Canton Road Corridor primarily involved moving properties from CACs to NACs to reduce the number of GC zonings along the road. It also has served as a way to bring unsightly properties in for rezoning required under the new NAC designation on the county's Comprehensive Land Use Map. It has led to an improved look on the corridor but left owners, such as Fitzpatrick, frustrated as they try to lease or sell properties.

"Several property owners along Canton Road expressed concern the existing uses on their properties were limited by the newer Neighborhood Activity Center (NAC) designation on the Future Land Use Map," said Cobb County Community Development Director Rob Hosack. "The county had changed a number of properties from the CAC designation on the Land Use map, which allowed for more intense uses on properties and the GC zoning. The committee generated a lot of good ideas. The new category being presented allows for more uses but limits services that might be too intense."

Cobb County Community Director Rob Hosack

While what is comprised in the new NCS zoning district is clear, where the new district would be allowed seems to be the biggest question for those involved with the situation.

"I don't think the ordinance is that bad," said Carol Brown, who sat on the citizen's committee that provided input for the NCS. "It's a hybrid between CRC and NRC. I just think it should either be made available to the entire county or be removed. If it's not good enough for West Cobb, East Cobb or Vinnings, why should Canton Road accept it? "

Brown's remarks follow comments made at a Jan. 26, 2010, Board of Commissioners meeting by East Cobb Civic Association President Jill Flamm during a public hearing for the proposed zoning district.

"We request the corridor study that wants to include this zoning category be listed in the Code," said Flamm. "Not all corridor studies want an NCS option. It is safer to opt in, rather than opt out in the category. Any corridor studies adopted during the year by the commission and wanting to include this zoning category could be added to the Comprehensive Land Use Plan and Code during a regular Board of Commissioners meeting."

Addressing the corridor redevelopment only aspect of the proposed category, Cobb County Distcict 3 Commissioner Tim Lee said the bottom line is the zoning district was created for needs on Canton Road.

"We have seen great improvement on Canton Road,and this (NCS) was designed, specifically, to address the needs of that corridor," Lee said. "Members of the Canton Road community helped create it, and I see this as another way to help Canton Road continue to prosper. After it was drafted, we realized it was a reasonable tool to address some of the needs in other corridors."

Lee also said as new corridor studies are performed around the county, they could include the proposed zoning district into plans, as mentioned by Flamm.

Northeast Cobb realtor Bob Terrell sat on the committee that made recommendations for the zoning category, and his thoughts on whether it should become part of Cobb County Code were clear.

"I'm anxious to see it passed," Terrell said. "It fits right in line with what we talked about at our last meeting. I feel it's a good compromise between the zoning categories we have now."

However, Cobb County District 2 Commissioner Bob Ott said while he has not made a firm decision on the new classification, he has some concerns about it and believes there is already a way to address some of the issues pertaining to the zoning classification.

"My initial reaction is there's an awful lot in that one zoning category," said Ott, whose district runs from Roswell Road to Vinnings and as far as South Cobb Drive. "I'd rather have a redevelopment plan with an overlay district. That still allows for different things to be done in an area, like in the redevelopment plan for Powers Ferry Road."

According to county code, a Redevelopment Overlay District (ROD) is established to provide locations for redevelopment of commercial, office and residential uses which are pedestrian oriented and developed at a community or regional activity center scale and intensity. These areas are identified for each specific site or corridor via the Cobb County comprehensive plan. A ROD is intended to encourage compatible mixed uses within the boundaries of the properties. The board of commissioners has determined that any redevelopment project approved within a ROD shall not establish any type of precedent for land use recommendations or future rezoning proposals outside of the boundaries of the ROD project. Those properties outside of the boundaries of a ROD project must provide uses compatible with other surrounding properties that are outside of the ROD.

It is that precedent mentioned in code that may discourage commissioners from backing the proposed zoning district.

The Feb. 23 meeting of the Board of Commissioners begins 7 p.m. at 100 Cherokee St. in Marietta.