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Planning commission accepts developer's withdrawal of rezoning amendment for North Roberts Boulevard site
Summary
The Kennesaw Planning and Zoning Commission voted unanimously to accept a developer's Feb. 11, 2025 letter withdrawing a long-running rezoning amendment that sought to remove a ground-floor commercial requirement and reallocate 12,000 square feet of retail along North Roberts Boulevard.
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The Kennesaw Planning and Zoning Commission on March 5 accepted a written withdrawal of a rezoning amendment that had been under iterative consideration since 2024, removing the application from the commission's active docket.
Seth Simms, planning staff, told the commission the applicant and their attorneys submitted a letter dated Feb. 11, 2025, from the firm Moore Ingram Johnson and Steele signed by Kevin Moore that "officially withdraw[ed] the application without prejudice." Simms said the application had been advertised and re-notified beginning in November 2024, with letters sent to property owners within 200 feet, legal ads placed in the Marietta Daily Journal and public notice signs posted along the right of way each time the item was tabled.
Commissioners opened the floor for public comment; one resident asked how long the public had been notified and told the board they had only seen notice that day. Simms replied the signs were posted in November, December, January and February and that staff maintain photographic documentation and timestamps of sign postings.
Commissioners discussed whether the withdrawal implied alternative plans for the site; staff clarified there was no substitute site plan and the applicant had asked to withdraw the entire application. Commissioner Trim moved to accept the withdrawal "without prejudice;" Commissioner Greenall seconded. The roll call produced four votes in favor and no oppositions, and the chair recorded a unanimous 4-0 vote to accept the withdrawal.
The withdrawal removes from active review a request that had earlier proposed eliminating a ground-floor commercial requirement and reallocating roughly 12,000 square feet of required retail along North Roberts Boulevard. Because the applicant withdrew without prejudice, the developer may refile the proposal in the future.
The commission did not take any additional action on the property at the March 5 meeting.
