Proposed East Cobb Whataburger Deferred

MARIETTA — The Cobb Board of Commissioners voted 4-0 Tuesday, with Chairwoman Lisa Cupid absent, to continue a requested site plan change by Whataburger for a proposed restaurant in east Cobb.

The new location, at the site of the former O’Charley’s at Sandy Plains and Shallowford roads, would mark the fast-food chain’s fifth location in the county.

During the zoning hearing, Cobb Zoning Division Manager John Pederson said the applicant needs more time to continue to work on architectural landscaping plans.

This is the third time the case has been continued, first in May and again in June.

According to zoning staff, the submitted site plan did not appear to satisfy the minimum parking lot tree standards of the Cobb County Tree Ordinance. During the site plan review process, the Cobb arborist determined the site may need additional parking lot peninsulas.

In May, attorneys asked zoning staff to approve the site plan for a new 7,000-square-foot building with two-lane drive-thru service at 3550 Sandy Plains Road. The site plan goes against future land-use restrictions on the property, including prohibitions of fast-food restaurants or any drive-thru service.

The future land-use restrictions were stipulations included in a settlement between the county and developer Sembler Retail and Sembler Family Partnership in March 1999 after commissioners voted seven months earlier to deny the rezoning request for a restaurant on the property.

Whataburger currently has two locations in Kennesaw and one in Akers Mill Square on Cobb Parkway. The Acworth City Council recently approved a fourth location, which has yet to be built.

The Board of Commissioners will consider the request from Whataburger at its next zoning hearing on Tuesday, Aug. 20.