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Cobb County Rezone Case Z-5-2026

Planning Commission Hearing 1
Date 📅 Tuesday, Feb 3rd
Time 9:00 AM
Location 100 Cherokee St, 2nd Floor
Board of Commissioners Hearing 2
Date 📅 Tuesday, Feb 17th
Time 9:00 AM
Location 100 Cherokee St, 2nd Floor
💬 Leave Public Comment ✍️ Sign the Petition

💡 Recommended Comment Tip:

View more Critical Arguments below

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Important Notice: To comment, vote, or speak, you do not need to be a neighborhood resident or homeowner.

The only requirement to speak is that you must be a Cobb County Resident. Bring family, friends, and neighbors!

Preface

Cobb County Code of Ordinances

Sec. 50-219. - Findings, intent and statement of purpose.

(a) Legislative findings. The board of commissioners hereby finds and declares that:

  1. (1) Rampant growth and development in certain areas of the county has resulted in the loss of innumerable trees in those areas. Tree roots hold soil in place and tree photosynthesis converts carbon dioxide to oxygen. Tree loss thus has contributed to dramatically increased soil erosion and sedimentation. High growth areas, where natural green spaces are diminishing, have left fewer trees to transform into oxygen the carbon dioxide of ever increasing, harmful vehicular and industrial emissions, resulting in severe air quality degradation;
  2. (2) Integrated forest canopies reduce the costs of maintenance of other collocated parts of the urban infrastructure;
  3. (3) Well-managed urban forest resources increase in value and provide benefits to all the citizens of the community with respect to air quality, water quality, stormwater management, temperature amelioration, community aesthetics and general quality of life;
  4. (4) These benefits are crucial to the long-term health, benefit, welfare, and safety of the citizens of the community;
  5. (5) The removal of forest canopy from urban areas of the state and its replacement with more intensive land uses exacts real costs upon the infrastructure which must be borne by all citizens of the community;
  6. (6) Community forests function to the benefit of the local citizenry as a part of the public infrastructure as much as streets, utilities, stormwater management structures, and sewers;
  7. (7) Healthy community forests increase local commercial and residential property values; and
  8. (8) A tree protection law is one part of a dedicated and integrated planning process dealing with land use, impacts of impervious surface, urban hydrology and water quality, air quality, soil erosion, transportation, noise abatement, and wildlife habitat.

(b) Provision of standards.

The board of commissioners finds that it is in the best interest of the public to provide standards for the preservation and/or replacement of trees as part of the land development and building construction process for the purpose of making this county a more attractive place to live, providing a healthy living environment, and better maintaining control of stormwater runoff, noise, glare and soil erosion.

(Ord. of 9-27-88; Code 1977, § 3-24.5-2; Ord. of 4-29-99)

Source: Municode Library - Cobb County Code of Ordinances

Critical Arguments: Precise Language that cannot be ignored.

🚗 Traffic & Safety
The proposed connection between Old Horseshoe Bend Rd and Barrett Pkwy transforms a quiet residential street into a high-volume cut-through.
Citizen Argument: Functional incompatibility with the existing network.
⚠️ Developer will say: "This connection provides 'increased connectivity' and 'emergency vehicle access' for the neighborhood." REALITY: This is "Invasive Interconnectivity." It sacrifices neighborhood safety to create a bypass for arterial traffic.
🚗 INVALID Traffic Study
The submitted traffic study focuses on an intersection over a half a mile away, while ignoring the arterial intersection of Powder Springs Rd and Barrett.
Citizen Argument: We demand a viable traffic study.
⚠️ Developer will say: "The study area was determined by DOT standards and shows 'No Significant Impact' (NSI)." REALITY: They are "Scope-Shielding"—intentionally studying a quiet area to hide the gridlock they will cause at the actual arterial nodes.
🏫 School Capacity
Our local schools are already at or near maximum capacity. Adding higher density housing places an untenable burden on our children's education.
Citizen Argument: Infrastructure strain exceeds current public service levels.
⚠️ Developer will say: "School enrollment is 'cyclical' and the district's 10-year plan accounts for future growth." REALITY: "Future plans" don't provide seats today. This is an unfunded mandate on our local school infrastructure.
🏘️ Arterial Setbacks
Standard residential life requires adequate backyard depth for noise and glare protection. This proposal seeks to compress these setbacks.
Citizen Argument: Violation of established buffer standards.
⚠️ Developer will say: "These are 'Minor Variances' required by the unique shape of the property." REALITY: These aren't property constraints; they are "Profit Margins." They are cramming units where they don't legally fit.
⚖️ Duty to Protect
Commissioners are sworn to protect the community, safety, and infrastructure (Forests are infrastructure per sec. 50-219(6)).
Citizen Argument: Priority must be given to citizens over private gain.
⚠️ Developer will say: "The Board has a duty to provide 'Housing Diversity' and support 'Economic Development'." REALITY: Economic development does not override the Board's specific legislative finding that trees are public infrastructure.
🌳 Undisturbed Buffers
A "landscaped" buffer of saplings is not an equivalent replacement for an Undisturbed Natural Buffer.
Citizen Argument: Ecological service loss cannot be mitigated by decorative planting.
⚠️ Developer will say: "Our 'Enhanced Landscape Plan' will actually improve the aesthetic value of the perimeter." REALITY: This is "Greenwashing." They are destroying a functional ecosystem and replacing it with high-maintenance decoration.
📋 R-20 Compliance
R-20 is already "Medium Density" and in accordance with the Cobb County 2045 Comprehensive Plan.
Citizen Argument: Current zoning meets growth goals.
⚠️ Developer will say: "Current market trends show a 'shift in demand' that the 2045 plan didn't fully anticipate." REALITY: The 2045 Plan is a community contract. A "market trend" is not a legal basis for breaking a comprehensive plan.
🛡️ Protecting the Law
Granting 11 variations fundamentally changes a zoning class and makes a mockery of the Code.
Citizen Argument: Precedent for law and order in land use.
⚠️ Developer will say: "The variance process exists specifically to allow 'creative solutions' to site design." REALITY: Creative solutions shouldn't require 11 law-breaking variations. If the law must be broken 11 times, the project is illegal.
🌿
CONSERVATION FACT SHEET: SECTION 416

Cobb County Tree Standards exist to maintain Hydrological Integrity and Atmospheric Stability. Every tree saved is a functional component of the county’s green infrastructure, managing stormwater, reducing "Urban Heat Island" effects, and sequestering carbon.

I. Density Physics: Existing vs. Replacement Resources

The Site Density Factor (SDF) mandate of 15 units per acre is a biological baseline. The standards recognize that mature ecosystems provide immediate services that new plantings cannot replicate for decades.

Unit Value Imbalance (Table 416.2.2)

An existing 30" Hardwood provides 5.4 Units of density. To replace that single organism using 2-inch saplings (0.5 units each), a developer would need to plant 11 trees. Preservation is the only efficient path to compliance.

The Stormwater Multiplier

A mature canopy intercepts roughly 1,000 gallons of rainfall per year per 5% of canopy cover. By removing mature trees, developers increase the volume and velocity of runoff, often overwhelming local culverts and stream banks.

II. The "Invisible" Organism: Soil & Roots

A tree is 50% underground. Soil compaction during construction is the #1 cause of "Delayed Mortality"—where a tree appears saved but dies 3–5 years post-construction due to root suffocation.

🛡️ The 12x Rule & Mycorrhizal Health (Section 416.3.3)

The Critical Root Zone (CRZ) is a circle with a radius 12x the trunk diameter. Inside this zone, the soil contains the Mycorrhizal Networks—fungal threads that expand the root's reach for water by 10x. Once compacted by a single pass of a bulldozer, this network is permanently destroyed.

III. Specimen Trees: Irreplaceable Genetic Sentinels

Section 416.5 defines Specimen Trees as the "VIPs" of the forest. These trees are prioritized because they are Genetic Seed Sources. Their removal is not merely a loss of shade, but a loss of local evolutionary adaptation.

Classification Minimum Diameter (DBH) Conservation Value
Large Hardwood 30" + Peak carbon sequestration; 3x Unit Bonus
Large Softwood 36" + Evergreen screening; Essential for noise dampening
Understory Tree 12" + Critical for mid-canopy bird/pollinator habitat

IV. Buffers & The "Edge Effect"

A "Zoning Buffer" (Section 416.1) is not just a visual screen. In conservation science, these are Interior Forest Refuges. When a buffer is thinned or disturbed:

⚖️ Administrative Recompense (Section 416.5.3)

If a Specimen Tree is removed without a permit, or dies due to CRZ encroachment, the developer must provide 3x the Unit Value in replacement trees. This "Recompense" is a technical acknowledgement that the ecological damage caused by removing a sentinel tree cannot be fixed by a 1:1 replacement.

🚨 SEE SOMETHING SAY SOMETHING

Section 416.3.3: Barrier fencing for Specimen Trees MUST be installed prior to any land disturbance. If you see equipment within a "Tree Save Area", Removal of Specimen Trees, or silt fencing cutting through a Root Zone, the permit is in Active Violation.

Sec. 50-231. - Civil Penalties

"Any person violating any provision of this article, permitting conditions or stop work orders shall be liable for civil penalty of ten percent of the cost of correction... but in no event less than $1,000.00. Each day the violation continues shall constitute a separate offense."

View Full Citation on Municode
📞 Report Violations Immediately: 770-528-2147

Technical Framework: Cobb County Development Standards | Section 415-416 | Revised 7.3.18

REZONE CASE Z-5-2026: DEVELOPER REQUESTS

Regulation R-20 RA-5 Request % Change
Minimum Lot SizeSec. 134-201.2(4)a 20,000 sq ft 7,000 sq ft ⚠️ 3,700 sq ft -81.5%
Min. Lot Width (Front)Sec. 134-201.2(4)b 75 ft 70 ft 41 ft -45.3%
Public Road FrontageSec. 134-201.2(4)b 75 ft 70 ft 41 ft -45.3%
Width Between DwellingsSec. 134-201.2(4)c 15 ft 15 ft 10 ft -33.3%
Front Yard SetbackSec. 134-201.2(4)e 20 ft 15 ft 15 ft -25.0%
Rear Yard (Arterial)Sec. 134-201.2(4)e 40 ft 30 ft 30 ft -25.0%
Driveway SpacingDev. Std. 402.7.1 50 ft 50 ft 12 ft -76.0%
Intersection to ApronDev. Std. 402.8 50 ft 50 ft 2 ft -96.0%
Max. ImperviousSec. 134-191 35% 40% 45% +28.6%
Undisturbed BufferSec. 134-197 40 ft 0 ft 0 ft -100.0%

⚠️ Legal Threshold Warning: 47.1% Deviation

Under standard zoning practice, variances exceeding 25% of a code requirement are considered "Substantial" and typically exceed the Board's authority to grant as a hardship.

Evidence: The RA-5 standard clearly defines the 7,000 sq. ft. limit as a baseline for safety and density. View Official RA-5 Minimum Code Section

📚 Further Reading: The Georgia Model Urban Forest

The Georgia Model Urban Forest (GMUF) is a collaborative framework developed by the Georgia Forestry Commission and the USDA Forest Service. Its primary goal is to shift public perception of trees from mere "landscaping" to critical green infrastructure on par with roads and utilities.

Core Concepts to Cite:

  • The Social System: Why trees are vital for public health, crime reduction, and community identity.
  • Ecological Continuity: The importance of connecting forest fragments rather than creating "tree islands."
  • Measuring Success: Using canopy percentage (like Atlanta's 50% goal) as a metric for municipal health.

Access the Digital Manual:

📖 Open Full Book

Reference: Georgia Model Urban Forest Book (GFC, 2000)

Note for Advocates: Use the GMUF as a standard for "Best Management Practices" (BMPs). While the UDC is still in draft, the Board of Commissioners has historically recognized GMUF principles as the technical standard for sustainable development in Georgia.

Further Reading: Future Legislation (Unified Development Code)

⚠️
UDC: Proposed Standards

The following information is based on the November 2023 Unified Development Code (UDC) Assessment. These standards are currently proposed recommendations and have not yet been codified into Cobb County law.

🔍 UDC Diagnosis: Tree Protection & Landscape

Summary of the November 2023 Code Assessment (II-71 to II-79)

Policy Gap

Specimen Tree "Administrative" Removal

Current rules allow Specimen Trees to be removed if "written documentation" is provided, but the code lacks specific criteria for the County to deny these requests.

The Recommendation: Require applicants to prove "Economic Hardship" or that site design is "Impractical" before a Specimen Tree can be cut.
Preservation

EDF vs. RDF: The Incentive Problem

While there is a "bonus" for keeping existing trees (EDF), stakeholders report that developers often clearcut sites and replace them with small saplings (RDF) because it is easier for construction.

Tree Type Existing (EDF) Unit Value Replacement (RDF) Unit Value
21" - 24" Tree 2.8 Units —
4" Caliper Sapling — 0.7 Units

It takes four 4-inch saplings to equal the "value" of one preserved 22-inch tree.

Technical Fix

Parking Lot Survivability

The diagnosis found a "gap" between parking space layout and tree survival. New standards suggest:

New Standard

Defining "True" Open Space

Current code counts individual front/rear yards as "Open Space." The UDC update mandates a shift toward Common Open Space Set-Asides to ensure environmental continuity.

Type Includes
Natural Features Wetlands, flood hazards, steep slopes (>15%), and woodland conservation areas.
Passive Recreation Community gardens, gazebos, and formally planned/maintained greenery.
Active Gathering Squares, plazas, forecourts, and civic greens.

🌿 Conservation Integrity Mandate

Required set-asides shall not consist of undevelopable "leftover" land. Per the revised standards, priority must be given to functional conservation. This specifically requires the protection of existing canopy, riparian buffers, and natural resource areas in a configuration that ensures their biological viability and maintenance in perpetuity.

Proposed Change

Street Tree Integration

Currently, trees in the public right-of-way do not count toward a project’s tree density (SDF). The update recommends allowing these to count to encourage "Complete Streets."

Editor's Note: This recommendation weakens existing protections. It allows developers to replace preserved interior forests with street-side landscaping, resulting in a net loss of established canopy.

🔗 Source Documentation

Page II-71: Unit Values Detailed breakdown of EDF and RDF unit calculations.
Page II-73: Buffer Types Proposed table for Transitional Buffer categories.
Page II-77: Open Space Table Potential types of Open Space Set-Asides.