Planning committee advances zoning code advertising change and moves two developments to agenda work session

The Judicial and Legislative Committee authorized staff to advertise a proposed correction to the zoning-advertising provisions and moved two development proposals forward to the agenda work session for additional review.

Advertising and HB155: Staff said the state legislature recently passed House Bill 155 to revert the Board of Zoning Appeals advertising period from 30 days back to the prior range of not less than 15 days and not more than 45 days. Staff asked permission to advertise the city ordinance change so the city could implement the change if the governor signs the bill; a committee member noted the governor had not yet signed it. Committee members authorized advertising the ordinance amendment so the earliest effective date could be the potential July 1 implementation if the bill becomes law.

Kennesaw Mountain preliminary plat: Kennesaw Mountain Development LLC requested approval of a preliminary plat to reconfigure roughly 17 acres at 731 and 735 Colston Road for 23 single‑family detached homes. Staff told the committee the developer would retain an existing home on a combined 5.43‑acre parcel and that sanitary‑sewer issues identified by staff had been worked out with Marietta Water and were not expected to change the layout materially. The committee voted to forward the plat to the agenda work session so staff and the developer could complete outstanding comments.

Kennesaw Battle townhomes: The committee also considered a detailed plan for 20 townhome units previously rezoned at James Street and Tower Road. Staff said the site plan had changed to address stormwater and topography and now showed the stormwater facility at the northwest corner, two internal streets instead of one and guest parking oriented toward Tower Road. The committee moved the item to the agenda work session; staff will review a revised plan and return with recommendations. Members raised questions about ownership and future improvement of a short county-owned roadway that would provide access; staff said if the county conveys the roadway to the city the cost to bring it to city standards could be about $1,000,000, and the developer indicated they would typically improve the immediate access portion to serve their project.

Committee outcome: The committee voted to authorize advertising of the zoning amendment (to align with HB155 if signed) and to advance both the Kennesaw Mountain preliminary plat and the Kennesaw Battle detailed plan to the agenda work session for resolution of remaining technical comments. All committee motions passed on recorded voice votes (3–0).