DeKalb County Planning & Sustainability Department
Lee May
Andrew A. Baker, AICP
Interim Chief Executive Officer
Director
SEPTEMBER 1, 2015 PLANNING COMMISSION MINUTES
Members Present:
Robert Godfrey, Chairman
Marcus Butts
Jana Johnson
Anne Lerner
Vivian Moore
Tess Snipes
Jon West
Members Absent:
LaSonya Osler, Tommy Phillips, III
Staff Present:
Marian Eisenberg, Zoning Administrator
Madolyn Spann, Planning Manager
Annie K. Woods, Planning Tech
LaSondra Holston, PCA
A.
Quorum
After a quorum had been determined, Chairman Godfrey called the meeting to order at 6:35
p.m.
B.
Introductions
The Chairman asked members of the Planning Commission and the Planning Staff to introduce
themselves.
C.
Reading of the Opening Statement
Chairman Godfrey read the opening statement of procedures to the public.
D.
Agenda
Planning Commission Meeting Date - Tuesday, September 1, 2015 6:30 P.M.
Board of Commissioners Meeting Date - Thursday, September 17, 2015 6:30 P.M.
AGENDA
D.1
Z-15-19913
18-109-03-004; Portion of Parcel ID: 18-109-03-004
Commission District: 2 Super District: 6
Application of C12 Group of Atlanta to rezone a portion of property from R-75 (Single-Family Residential) to O-I
(Office Institutional) District to allow a 20-unit high rise residential condominium building up to five stories tall. The
property is located on the south side of LaVista Road, approximately 510 feet west of Briarcliff Road at 2108
Briarcliff Road in Atlanta, Georgia. The property has approximately 20 feet of frontage along LaVista Road and
contains .8 acre.
Staff Recommendation: Approval w/Conditions. The purpose of the request is to allow a 20-unit high rise
residential condominium building up to five stories tall to be combined with the adjacent 1.89 acre O-I tract which
has been approved to allow two five-story multi-family buildings. The application was deferred from the July 28th
Board of Commissioners meeting to allow further discussion between the applicant and affected property owners,
and the applicant has indicated to Staff that he has met with the affected neighbors. The proposed O-I zoning and
multi-family residential land use is consistent with the surrounding zoning and land uses. (Section 27-832 B).
Based on the submitted information, it appears that the proposed O-I (Office Institutional) zoning at a proposed
density of 24 dwelling units per acre is also consistent with the maximum density called for by the Comprehensive
Plan’s Neighborhood Center (NC) policy (24 units per acre). The proposed use is consistent with the following Plan
Policies and Strategies of the 2005-2025 DeKalb County Comprehensive Plan: NCCAS4—Utilize vacant properties
in the neighborhood as an opportunity for infill development of compatible structures (Section 27-832 A).
Therefore, it is the recommendation of the Planning Department that the application be, respectfully, “Approved
with the following recommended conditions”:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Use limited to multi-family residential at a maximum density of 24 units per acre (not more than 19 units).
Should the site be developed other than multi-family, limit additional use to uses allowed in the O-I
district except for the following: Child day care center and kindergarten; Convent and monastery;
Fraternity house, sorority house, and residence hall; Community facilities; Tennis center and club.
Building height limited to a maximum of five stories.
Front façade exterior building materials shall include but not be limited to masonry, stucco, stone, and/or
cementious siding materials except for windows and doors.
Architectural accents, where utilized, shall consist of non-reflective glass, glass block, natural stone,
pre-cast concrete, brick, terra cotta, stucco or wood, and/or similar composite materials.
Refuse areas shall be screened from public streets and shall be fenced or screened with a combination of
material and colors to match materials of the primary building.
Limit access to one shared access private drive which currently is used to provide access to 1587 LaVista
Road, subject to GDOT approval off of LaVista Road. Written confirmation of approval from Georgia
Department of Transportation (GDOT) and the Transportation Division of Public Works is required prior to
the issuance of any Land Disturbance Permits.
Ground signs shall be monument style signs with a base and framework made of brick or stone and a
maximum height of 15 feet.
Obtain required variances from the Board of Appeals. The approval of this rezoning application by the
Board of Commissioners has no bearing on the requirements for other regulatory approvals under the
authority of the Historic Preservation Commission, the Zoning Board of Appeals, or other entity whose
decision should be based on the merits of the application under review by such entity.
Landscaping shall be provided along the perimeter of the property and shall consist of sufficient overstory trees, understory trees, and shrubs/grasses to provide an effective visual screen as approved by the
County Arborist. The existing ornamental iron fence on the abutting church property to the east shall be
extended along the northern property line of the subject property.
10. Lighting shall be shielded or recessed so that direct glare and reflections are confined to the maximum
extent feasible within the boundaries of the site, and shall be directed downward and away from
adjoining properties.
11. The property shall be combined into one legal lot of record with the adjacent O-I zoned property to the
west prior to the issuance of any Land Disturbance Permits.
12. Sidewalks are required along the frontage of LaVista Road prior to the issuance of any certificates of
occupancy.
Support/Representation: Beau Fields, Brad Grulke
Oppose/Representation: None
MOTION: J. West moved, M. Butts seconded for approval as recommended and conditioned by staff. The
motion unanimously passed 7-0-0.
D.2
SLUP-15-19945
18-109-03-004; Portion of Parcel ID: 18-109-03-004
Commission District: 2 Super District: 6
Application of C12 Group of Atlanta for a Special Land Use Permit (SLUP) in the O-I (Office Institutional) District to
increase the building height from two to five stories to allow a 20-unit high rise residential condominium building.
The property is located on the south side of LaVista Road, approximately 510 feet west of Briarcliff Road at 2108
Briarcliff Road in Atlanta, Georgia. The property has approximately 20 feet of frontage along LaVista Road and
contains .8 acre.
Staff Recommendation: Approval with Conditions. This Special Land Use Permit (SLUP) is required by Section 27490(c)(8) since the five-story structure is classified as a high-rise apartment building (High Rise Apartment Building
is defined in Zoning Ordinance as any multi-family building containing three or more stories). The application was
deferred from the July 28th Board of Commissioners meeting to allow further discussion between the applicant and
affected property owners, and the applicant has indicated to Staff that he has met with the affected neighbors.
Based on the submitted information, it appears that the proposed height increase to accommodate a density of 24
dwelling units per acre is consistent with the maximum density called for by the Comprehensive Plan’s
Neighborhood Center (NC) policy (24 units per acre). It also appears that the proposed use is consistent with the
following Plan Policies and Strategies of the 2005-2025 DeKalb County Comprehensive Plan: NCCAS4—Utilize
vacant properties in the neighborhood as an opportunity for infill development of compatible structures (Section
27-873 K). The Board of Commissioners approved a Special Land Use Permit (SLUP) to allow two five-story multifamily buildings with underground parking on the adjacent O-I property to the west on May 22, 2007. While that
property is still vacant, the proposed five-story multi-family building on the subject property appears to be
compatible with that SLUP as well as the 4 and 1/2 story church (Peachtree Baptist Church) located on the abutting
R-75 zoned tract to the east (Section 27-873 B). Since variances are required to reduce transitional buffer areas
from 50 feet to 20 feet and to reduce required parking from 40 spaces to 30 spaces, approval cannot be based no
the submitted site plan. However, since the adjacent R-75 zoned land is not occupied by single-family residential
land use but rather a 4 and 1/2 story church and a cemetery, the required variances appear to be appropriate. It
is the recommendation of the Planning Department that the application be, respectfully, “Approved with the
following recommended conditions”:
1.
2.
3.
4.
Use limited to multi-family residential at a maximum density of 24 units per acre (not more than 19 units).
If the site is developed other than multifamily, limit additional use to uses allowed in the O-I district
except for the following: Child day care center and kindergarten; Convent and monastery; Fraternity
house, sorority house, and residence hall; Community facilities; Tennis center and club.
Building height limited to a maximum of five stories.
Front façade exterior building materials shall include but not be limited to masonry, stucco,, stone, and/or
cementious siding materials except for windows and doors.
Architectural accents, where utilized, shall consist of non-reflective glass, glass block, natural stone, precast concrete, brick, terra cotta, stucco or wood, and/or similar composite materials.
5.
Refuse areas shall be screened from public streets and shall be fenced or screened with a combination of
materials and colors to match materials of the primary building.
6. Limit access to one shared access private drive which currently is used to provide access to 1587 LaVista
Road, subject to GDOT approval off of LaVista Road. Written confirmation of approval from Georgia
Department of Transportation (GDOT) and the Transportation Division of Public Works is required prior to
the issuance of any Land Disturbance Permits.
7. Ground signs shall be monument style signs with a base and framework made of brick or stone and a
maximum height of 15 feet.
8. Obtain required variances from the Board of Appeals. The approval of this rezoning application by the
Board of Commissioners has no bearing on the requirements for other regulatory approvals under the
authority of the Historic Preservation Commission, the Zoning Board of Appeals, or other entity whose
decision should be based on the merits of the application under review by such entity.
9. Landscaping shall be provided along the perimeter of the property and shall consist of sufficient over
story trees, understory trees, and shrubs/grasses to provide an effective visual screen as approved by the
County Arborist. The existing ornamental iron fence on the abutting church property to the east shall be
extended along the northern property line of the subject property.
10. Lighting shall be shielded or recessed so that direct glare and reflections are confined to the maximum
extent feasible within the boundaries of the site, and shall be directed downward and away from
adjoining properties.
11. The property shall be combined into one legal lot of record with the adjacent O-I zoned property to the
west prior to the issuance of any Land Disturbance Permits.
12. Sidewalks are required along the frontage of LaVista Road prior to the issuance of any certificates of
occupancy.
Support/Representation: Beau Fields, Brad Grulke
Oppose/Representation: None
MOTION: J. West moved, M. Butts seconded for approval as recommended and conditioned by staff. The
motion unanimously passed 7-0-0.
D.3
SLUP-15-19927
15-068-01-033
Commission District: 3 Super District: 7
Application of Usman Gandhi for a Special Land Use Permit to allow alcohol sales in a building addition to an
existing BP convenience store with fuel pumps, in a C-1 (Local Commercial) District. The property is located on the
northwest corner of Flat Shoals Parkway and Wesley Chapel Road, at 4840 Flat Shoals Parkway, Decatur. The
property has approximately 200 feet of frontage on Flat Shoals Parkway and approximately 225 feet of frontage
on Wesley Chapel Road and contains .99 acre.
Staff Recommendation: Approval with Conditions. Because the proposed expansion of the existing convenience
store would add value to an existing business, it would be consistent with the needs of the community. It is
compatible with overall objectives of the comprehensive plan, including the following strategy of the 2025
Comprehensive Plan for Neighborhood Centers: “Each Neighborhood Center should include a medium-high
density mix of retail, office, services, and employment [centers] to serve neighborhoods.” (NCCAS21) The
expanded convenience store represents business growth at a location that is suitable for this type of land use. The
convenience store is compatible with adjacent and nearby properties in the commercial node at Flat Shoals
Parkway and Wesley Chapel Road. It does not appear that expansion of the convenience store will be
burdensome on public services, utilities, and facilities, nor would it negatively affect adjoining or surrounding
land uses. Therefore, the Department of Planning and Sustainability recommends that the application be
"Approved, subject to the following conditions”:
1.
The Special Land Use Permit shall be issued to Hiram Properties, Inc., for alcohol sales in a BP convenience
store, and shall be transferrable in accordance with Section 27-877 of the DeKalb County Code.
2.
3.
4.
5.
6.
7.
At least 60% of the building exterior shall be clad in the following materials: brick, stone, cement wood or
fiber cement siding, textured face concrete block, architectural concrete, or glass. Up to 40% of the
exterior may be standing seam or corrugated metal siding or exterior insulation and finish system (EIFS).
A pedestrian walkway shall connect the principal building entrance with the public sidewalk on Wesley
Chapel Road. The walkway shall be at least five feet wide and shall be differentiated from areas paved
with asphalt for vehicles by a contrasting color or contrasting materials such as concrete, brick, or pavers.
Each tenant shall be allowed one wall sign. Wall signs shall consist of channel cut lettering, shall have a
maximum total copy area of 50 square feet, and shall have a maximum letter height of 24 feet. The
existing ground sign may be used by the new tenants but its height and sign face dimensions shall not be
increased.
Refuse areas shall be enclosed on all four sides to screen them from view from the street. Enclosure
materials shall match the exterior materials used for the primary building.
The approval of this rezoning application by the Board of Commissioners has no bearing on other
approvals by the Zoning Board of Appeals or other authority, whose decision should be based on the
merits of the application before said authority.
Security lighting shall be installed at the rear of the building.
Support/Representation: Kathy Zickert
Oppose/Representation: Lanny Davis, Rochelle Calendar, Wayne & Carolyn Jones
MOTION: M. Butts moved, J. West seconded for approval as recommended and conditioned by staff. The
motion passed 5-2-0. T. Snipes and V. Moore opposed.
D.4
SLUP-15-19930
15-068-01-033
Commission District: 3 Super District: 7
Application of Usman Gandhi for a Special Land Use Permit to allow a drive-through restaurant addition to an
expanded BP convenience store with existing fuel pumps, in a C-1 (Local Commercial) District. The property is
located on the northwest corner of Flat Shoals Parkway and Wesley Chapel Road, at 4840 Flat Shoals Parkway,
Decatur. The property has approximately 200 feet of frontage on Flat Shoals Parkway and 225 feet on Wesley
Chapel Road and contains .99 acre.
Staff Recommendation: Approval with Conditions. Because the proposed drive-through restaurant would add
value to an existing business, it would be consistent with the needs of the community. It is compatible with overall
objectives of the comprehensive plan, including the following strategy of the 2025 Comprehensive Plan for
Neighborhood Centers: “Each Neighborhood Center should include a medium-high density mix of retail, office,
services, and employment [centers] to serve neighborhoods.” (NCCAS21) The drive-through restaurant represents
business growth at a location that is suitable for this type of land use. The restaurant with drive-through is
compatible with adjacent and nearby properties in the commercial node at Flat Shoals Parkway and Wesley Chapel
Road. It does not appear that the proposed drive-through restaurant will be burdensome on public services,
utilities, and facilities, nor would it negatively affect adjoining or surrounding land uses. Therefore, the
Department of Planning and Sustainability recommends “Approval with the following conditions”:
1.
2.
3.
The Special Land Use Permit shall be issued to Hiram Properties, Inc., for operation of a drive-through
restaurant, and shall be transferrable in accordance with Section 27-877 of the DeKalb County Code.
At least 60% of the building exterior shall be clad in the following materials: brick, stone, cement wood or
fiber cement siding, textured face concrete block, architectural concrete, or glass. Up to 40% of the
exterior may be standing seam or corrugated metal siding or exterior insulation and finish system (EIFS).
A pedestrian walkway shall connect the principal building entrance with the public sidewalk on Wesley
Chapel Road. The walkway shall be at least five feet wide and shall be differentiated from areas paved
with asphalt for vehicles by a contrasting color or contrasting materials such as concrete, brick, or pavers.
4.
5.
6.
7.
Each tenant shall be allowed one wall sign. Wall signs shall consist of channel cut lettering, shall have a
maximum total copy area of 50 square feet, and shall have a maximum letter height of 24 feet. The
existing ground sign may be used by the new tenants but its height and sign face dimensions shall not be
increased.
Refuse areas shall be enclosed on all four sides to screen them from view from the street. Enclosure
materials shall match the exterior materials used for the primary building.
The approval of this rezoning application by the Board of Commissioners has no bearing on other
approvals by the Zoning Board of Appeals or other authority, whose decision should be based on the
merits of the application before said authority.
Security lighting shall be installed at the rear of the building.
Support/Representation: Kathy Zickert
Oppose/Representation: Lanny Davis, Rochelle Calendar, Wayne & Carolyn Jones
MOTION: M. Butts moved, J. Johnson seconded for approval as recommended and conditioned by staff. The
motion unanimously passed 7-0-0.
D.5
SLUP-15-19933
16-113-04-007
Commission District: 5 Super District: 7
Application of Usman Gandhi for a Special Land Use Permit (SLUP) in a C-2 (General Commercial) District for a
liquor store in Suite B of the retail plaza. The property is located on the northeast corner of Browns Mill Road and
Klondike Road at 6768 Browns Mill Road in Lithonia, Georgia. The property has approximately 298 feet of
frontage on Browns Mill Road and 300 feet of frontage on Klondike Road and contains 2 acres.
Staff Recommendation: Deferral. The requested SLUP (Special Land Use Permit) for a liquor store in the new
proposed retail convenience plaza is consistent and compatible with the existing package and convenience store
on the subject site. The proposed use is a companion case to SLUP-15-19935 and SLUP-15-19937 to redevelop the
existing commercial site to allow automobile fuel sales and beer and wine sales in conjunction with the proposed
liquor store. Approval of this request would not result in a proliferation of similar uses in the area. Located within
a Neighborhood Center Character Area designated by the 2025 Comprehensive Plan, the proposed development is
consistent with plan policies and strategies: (NCCAP5): Create compact mixed use districts and reduce automobile
dependency and travel to basic services (NCCAP5); Improve the aesthetic appearance of development along major
corridors (LUP8); Ensure that new development and redevelopment is compatible with existing residential areas
(LUP6); and Promote new and redevelopment at or near activity centers as a means of reducing vehicle miles
traveled (NCCAS20).
Staff notes that the subject site is located within the Klondike Historic District and is listed in the National Register
of Historic Places. The applicant met with representatives from the Arabia Mountain Heritage Alliance to discuss
site development considerations. The primary issues presented by the Alliance pursuant to historic preservation of
the site included building materials and site location; reduction of parking spaces; and shared access on Klondike
Road. Although an agreement was not fully reached between the two parties, the applicant submitted a revised
site plan and conditions pertaining to site development based on some of their concerns. They include granite
building materials; a bike lane along property frontage; a restriction to prohibit restaurants with drive-through
lanes and building security. However, the revised site plan does not allow Staff to fully evaluate the aesthetic
impact the development would have on this historic area. Given the historical significance of this intersection,
Planning would like the applicant to provide color renderings depicting site elevations, building materials and
landscaping for the proposed development to allow determination of the visual impact on this area. Until that is
submitted for evaluation, the Department of Planning and Sustainability recommends “Deferral of the SLUP
request for a liquor store in Suite B on the site”. The following conditions are provided for consideration should the
Board choose to move forward with the request:
1.
Compliance with alcohol and liquor license requirements of DeKalb County.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Liquor sales shall be limited to Suite B only. No consumption of alcohol or liquor shall be allowed on the
premises. No tables or chairs for customers shall be provided.
Development shall be substantially in compliance with the site plan received by the Planning and
Sustainability Department on August 24, 2015.
No restaurants with drive-through lanes are permitted on the site.
The building facade visible from Klondike Road and Browns Mill Road shall consist of granite, concrete,
stone, brick, stucco or a combination of exclusive of windows and doors.
Architectural accents, where utilized, shall consist of non-reflective glass, glass block, natural stone, precast concrete, brick, terra cotta, stucco or wood.
Roof materials shall not consist of any reflective surface and all roof top equipment shall be screened
from view of adjacent properties.
All exterior painted surfaces, where visible from the public street, shall be painted in earth tones. Colors
may be non-primary colors including darker and cooler shades of green, red such as brick, yellow
including beige, and lighter shades of brown including tan.
Developer shall install a bike lane adjacent to the property along its Browns Mill Road frontage subject to
State and DeKalb County Department of Transportation approval.
Developer shall implement landscape plan per the site plan received by the Planning and Sustainability
Department on August 24, 2015 prior to issuance of any Certificates of Occupancy (CO).
Install an eight (8) – foot privacy fence interior to the required buffer adjacent to residential zoned
property along the east property line.
Developer shall implement security devices both inside and outside the stores via camera, use of a
security guard at night and security lighting.
Provide one (1) curb cut on Klondike Road and one (1) curb cut on Browns Mill Road subject to the
approval of the Transportation Division of the Public Works Department.
Provide 5-foot sidewalks along both property frontages (Browns Mill Road and Klondike Road).
Refuse areas shall not be visible from the public street and shall match the building materials of the
principal structure.
Outside storage and display of products are prohibited unless from a vending machine.
The primary identification sign shall be limited to a ground monument sign with a base and framework
made of brick. The sign area shall not exceed 32 square feet and sign height shall not exceed eight (8)
feet.
The approval of this SLUP application by the Board of Commissioners has no bearing on the requirements
for other regulatory approvals under the authority of the Zoning Board of Appeals, or other entity whose
decision should be based on the merits of the application under review by such entity.
Support/Representation: Beryl Berquist
Oppose/Representation: Cheryl Moore-Mathis, Jimmy Wallace, Shalonda Moore
MOTION: M. Butts moved, J. Johnson seconded for deferral to the Board of Commissioners. The motion passed
5-2-0. T. Snipes and V. Moore opposed.
D.6
SLUP-15-19935
16-113-04-007
Commission District: 5 Super District: 7
Application of Usman Gandhi for a Special Land Use Permit (SLUP) in a C-2 (General Commercial) District for
alcohol sales (beer and wine) in Suite A (convenience store) within the retail plaza. The property is located on the
northeast corner of Browns Mill Road and Klondike Road at 6768 Browns Mill Road in Lithonia, Georgia. The
property has 298 feet of frontage on Browns Mill Road and 300 feet of frontage on Klondike Road and contains 2
acres.
Staff Recommendation: Deferral. The requested SLUP (Special Land Use Permit) for the convenience store with
alcohol sales in the proposed retail plaza is consistent and compatible with existing commercial uses on the subject
site. The proposed use is a companion case to SLUP-15-19933 and SLUP-15-19937 to redevelop the existing
commercial site to allow automobile fuel sales and a liquor store on the subject site. The proposed use would not
result in a proliferation of similar uses. Located within a Neighborhood Center Character Area designated by the
2025 Comprehensive Plan, the proposed development is consistent with plan policies and strategies: (NCCAP5):
Create compact mixed use districts and reduce automobile dependency and travel to basic services (NCCAP5);
Improve the aesthetic appearance of development along major corridors (LUP8); Ensure that new development
and redevelopment is compatible with existing residential areas (LUP6); and Promote new and redevelopment at
or near activity centers as a means of reducing vehicle miles traveled (NCCAS20).
Staff notes that the subject site is located within the Klondike Historic District and is listed in the National Register
of Historic Places. The applicant met with representatives from the Arabia Mountain Heritage Alliance to discuss
site development considerations. The primary issues presented by the Alliance pursuant to historic preservation of
the site included building materials and site location; reduction of parking spaces; and shared access on Klondike
Road. Although an agreement was not fully reached between the two parties, the applicant submitted a revised
site plan and conditions pertaining to site development based on some of their concerns. They include granite
building materials; a bike lane along property frontage; a restriction to prohibit restaurants with drive-through
lanes and building security. However, the revised site plan does not allow Staff to fully evaluate the aesthetic
impact the development would have on this historic area. Given the historical significance of this intersection,
Planning would like the applicant to provide color renderings depicting site elevations, building materials and
landscaping for the proposed development to allow determination of the visual impact on this area. Until that is
submitted for evaluation, the Department of Planning and Sustainability recommends “Deferral of the SLUP
request for alcohol sales on the site”. The following conditions are provided for consideration should the Board
choose to move forward with the request.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Compliance with alcohol license requirements of DeKalb County.
Alcohol sales shall be limited to Suite A for retail sales of beer and wine only. No consumption of alcohol
shall be allowed on the premises. No tables or chairs for customers shall be provided.
Development shall be substantially in compliance with the site plan received by the Planning and
Sustainability Department on August 24, 2015.
No restaurants with drive-through lanes are permitted on the site.
The building facade visible from Klondike Road and Browns Mill Road shall consist of concrete, stone,
brick or stucco or combination of exclusive of windows and doors.
Architectural accents, where utilized, shall consist of non-reflective glass, glass block, natural stone, precast concrete, brick, terra cotta, stucco or wood.
Roof materials shall not consist of any reflective surface and all roof top equipment shall be screened
from view of adjacent properties.
All exterior painted surfaces, where visible from the public street, shall be painted in earth tones. Colors
may be non-primary colors including darker and cooler shades of green, red such as brick, yellow
including beige, and lighter shades of brown including tan.
Developer shall install a bike lane adjacent to the property along its Browns Mill Road frontage subject to
State and DeKalb County Department of Transportation approval.
Developer shall implement landscape plan per the site plan received by the Planning and Sustainability
Department on August 24, 2015 prior to issuance of any Certificates of Occupancy (CO).
Install an eight (8) – foot privacy fence interior to the required buffer adjacent to residential zoned
property along the east property line.
Developer shall implement security devices both inside and outside the stores via camera, use of a
security guard at night and security lighting.
Provide one (1) curb cut on Klondike Road and one (1) curb cut on Browns Mill Road subject to the
approval of the Transportation Division of the Public Works Department.
Provide 5-foot sidewalks along both property frontages (Browns Mill Road and Klondike Road).
Refuse areas shall not be visible from the public street and shall match the building materials of the
principal structure.
Outside storage and display of products are prohibited unless from a vending machine.
The primary identification sign shall be limited to a ground monument sign with a base and framework
made of brick. The sign area shall not exceed 32 square feet and sign height shall not exceed eight (8)
feet.
18. The approval of this SLUP application by the Board of Commissioners has no bearing on the requirements
for other regulatory approvals under the authority of the Zoning Board of Appeals, or other entity whose
decision should be based on the merits of the application under review by such entity.
Support/Representation: Beryl Berquist
Oppose/Representation: Cheryl Moore-Mathis, Jimmy Wallace, Shalonda Moore
MOTION: M. Butts moved, J. Johnson seconded for deferral to the Board of Commissioners. The motion passed
5-2-0. T. Snipes and V. Moore opposed.
D.7
SLUP-15-19937
16-113-04-007
Commission District: 5 Super District: 7
Application of Usman Gandhi for a Special Land Use Permit (SLUP) for automobile fuel pumps in a C-2 (General
Commercial) District. The property is located on the northeast corner of Browns Mill Road and Klondike Road at
6768 Browns Mill Road in Lithonia, Georgia. The property has approximately 298 feet of frontage on Browns Mill
Road and 300 feet of frontage on Klondike Road and contains 2 acres.
Staff Recommendation: Deferral. The proposed SLUP to operate automobile fuel sales in conjunction with other
proposed retail sales (including alcohol and liquor) and an internal fast food restaurant will allow redevelopment of
an old existing retail plaza at the northeast intersection of Browns Mill Road and Klondike Road. The proposed
use would not result in a proliferation of similar uses. There are no other automobile fuel sales within the
immediate area. Located within a Neighborhood Center Character Area designated by the 2025 Comprehensive
Plan, the proposed development is consistent with plan policies and strategies: (NCCAP5): Create compact mixed
use districts and reduce automobile dependency and travel to basic services (NCCAP5); Improve the aesthetic
appearance of development along major corridors (LUP8); Ensure that new development and redevelopment is
compatible with existing residential areas (LUP6); and Promote new and redevelopment at or near activity centers
as a means of reducing vehicle miles traveled (NCCAS20).
Staff notes that the subject site is located within the Klondike Historic District and is listed in the National Register
of Historic Places. The applicant met with representatives from the Arabia Mountain Heritage Alliance to discuss
site development considerations. The primary issues presented by the Alliance pursuant to historic preservation of
the site included building materials and site location; reduction of parking spaces; and shared access on Klondike
Road. Although an agreement was not fully reached between the two parties, the applicant submitted a revised
site plan and conditions pertaining to site development based on some of their concerns. They include granite
building materials; a bike lane along property frontage; a restriction to prohibit restaurants with drive-through
lanes and building security. However, the revised site plan does not allow Staff to fully evaluate the aesthetic
impact the development would have on this historic area. Given the historical significance of this intersection,
Planning would like the applicant to provide color renderings depicting site elevations, building materials and
landscaping for the proposed development to allow determination of the visual impact on this area. Until that is
submitted for evaluation, the Department of Planning and Sustainability recommends “Deferral of the SLUP
request for automobile fuel sales on the site”. The attached conditions are provided for consideration should the
Board choose to move forward with the request.
Support/Representation: Beryl Berquist
Oppose/Representation: Cheryl Moore-Mathis, Jimmy Wallace, Shalonda Moore
MOTION: M. Butts moved, J. Johnson seconded for deferral to the Board of Commissioners. The motion passed
5-2-0.
D.8
Z-15-19943
15-251-01-020, 15-251-01-027, 15-251-01-028
Commission District: 4 Super District: 6
Application of Felipe Castellano to rezone property from C-1 (Local Commercial) to PC-3 (Pedestrian Community)
District to allow a mixed-use development consisting of a maximum of 11 single-family detached units, 35 feesimple townhomes, 31,500 square feet of retail, and 252,000 square feet of office development. The property is
located on the north side of Mountain Drive, approximately 250 feet east of Farrar Court at 3458, 3468, and 3478
Mountain Drive in Decatur, Georgia. The property has approximately 361 feet of frontage along Mountain Drive
and contains 9.32 acres.
Staff Recommendation: Full Cycle Deferral. The proposed rezoning request is to develop the site for a mixed-use
project consisting of fee-simple townhomes, single-family detached homes, offices, and retail uses under the PC
(Pedestrian Community) District. The proposed development at a density of 4.94 units per acre appears to be
consistent with the Town Center (TC) Land Use designation allowing up to 60 units per acre (Sec 27-873 A). The
mixed-use request on the site appears to be consistent with the mixture of transportation, single-family, office,
and multi-family uses in the surrounding area. The site is suitable for mixed-use given its proximity to the
Kensington MARTA station to the southwest, the site’s frontage along a Major Arterial road (Mountain Drive), and
convenient access to Interstate-285 via Memorial Drive. Additionally, the Kensington Supplemental Livable
Centers Initiative (LCI) Transit Oriented Development (TOD) Plan adopted by the Board of Commissioners on
October 29, 2013 calls for mixed-use development around the Kensington Marta Station consisting of offices,
retail, multi-family, and open space (see attached). The proposed rezoning request for a mixed-use development
to the east and across the street from the Kensington Marta Station is consistent with the land use goals of the
TOD Plan. While a Development of Regional Impact (DRI) was not required for this project, the Georgia Regional
Transportation Authority (GRTA) and MARTA have approved an Area Plan Review (APR) for the proposed mixeduse project on May 24, 2015 (see attached).
The application was deferred full cycle from the July 28th Board of Commissioners public hearing. Since the July
7th Planning Commission meeting, the applicant has met with the adjacent single-family neighborhood and
submitted a revised concept plan (see concept plan date stamped 8/7/15 by the Planning and Sustainability
Department and titled “Avondale Park Concept Plan”) in response to concerns pertaining to height and buffer
issues. These revisions include increasing the transitional buffer width adjacent to the single-family neighborhood
from 10 to 25 feet along the portion of the site that is not proposed for single-family homes (there is no buffer
required by Zoning Ordinance), moving the driveway further away from the adjacent single-family subdivision and
placing townhomes adjacent to the transitional buffer area as a more appropriate land use transition from the
proposed retail and office uses, increasing the residential component to 50% of the total acreage to comply with
the PC-3 requirements, and rotating the proposed 8-story building further away from the neighborhood. The
proposed six, eight, and ten-story building heights comply with the transitional height plane requirements of the
Zoning Ordinance Update as measured from the abutting single-family subdivision along Farrar Court (see attached
transitional height plane sketch). However, the applicant is requesting a Full Cycle Deferral to allow sufficient time
to create appropriate zoning conditions to address compatibility issues with surrounding properties. Therefore, it
is the recommendation of the Planning and Sustainability Department to recommend “Full Cycle Deferral of the
rezoning request”.
Support/Representation: None
Oppose/Representation: Andrew Shahan, Connie White, Morgan Rowe, Paul McLennan
MOTION: T. Snipes moved, J. West seconded for denial. The motion unanimously passed 7-0-0.
NEW CASES:
N.1
SLUP-15-20021
15-221-11-001
Commission District: 5 Super District: 7
Application of Patrice Sterling for a Special Land Use Permit for a personal care home for a maximum of six
persons, in an R-75 (Single-Family Residential) District, in accordance with Sec. 27-185(c)(11). The property is
located on the southeast corner of Kimlie Lane and Sue Lane, at 1172 Kimlie Lane, Decatur. The property has
approximately 115 feet of frontage on the east side of Kimlie Lane and 126 feet of frontage on Sue Lane and
contains .52 acre.
Staff Recommendation: Approval with Conditions. The requested application is to operate a personal care home
for up to six senior citizens. The proposed personal care home for senior citizens would be consistent with the
needs of the community as a whole, because it would provide a home environment for citizens who need special
care. The proposed use is consistent with the following policies and strategies of the 2025 Comprehensive Plan:
“Encourage the development of social programs that will serve all ages.” (PS11) “Identify opportunities to
enhance and expand supportive services for all age cohorts.” (PS7) and “Provide a variety of housing
opportunities and choices to better accommodate the needs of residents” (HS13) Senior citizens are an age cohort
that has specialized needs for supportive services in the form of the assistance with daily living activities of the
kind that are provided in a personal care home. The proposal does not involve any increases in the square footage
of the house or changes to its exterior appearance. It appears that the subject property, with three unrelated
individuals in a personal care home environment, is currently compatible with the neighborhood. An increase of
up to three more senior citizens in the home is not expected to materially change the relationship of the home to
the neighborhood. The proposed group personal care home is expected to be operated in a residential manner,
similar to that of other households in the neighborhood. Therefore, the Department of Planning and Sustainability
recommends, “Approval with the following conditions”:
1.
2.
3.
The Special Land Use Permit shall be issued to Patrice Sterling for operation of a Personal Care Home with
a maximum of six senior citizens, and shall be not be transferrable.
Visiting hours for residents of the personal care home shall end at 10:00 P.M. Monday through Sundays.
Residents’ vehicles shall be parked on-site, within the driveway or inside the garage.
Support/Representation: Michele Battle
Oppose/Representation: Eugene Tolliver, Carolyn Parks, Annelle Elder, Beverly Stinson, Delois Lawson, Dalton King
Catherine Lewis, Harold Chisolm
MOTION: M. Butts moved, A. Lerner seconded for denial. The motion passed 4-3-0 for denial. J. Johnson,
T. Snipes and J. West opposed.
N.2
SLUP-15-20036
18-158-09-021, 18-158-09-024
Commission District: 2 Super District: 6
Application of Tamar Telahun to renew a Special Land Use Permit (SLUP) to allow a Late Night Establishment in a
2,000 square foot combined suite (Suite A & B) in the Briarclair Shopping Center in the C-1 (Local Commercial)
District in accordance with Section 27-580(c)(4). The property is located on the south side of Briarcliff Road,
approximately 413 feet east of Clairmont Road at 3125 Briarcliff Road in Atlanta, Georgia. The property has
approximately 200 feet of frontage along Briarcliff Road and contains 1.53 acres.
Staff Recommendation: Approval with Conditions. The applicant is proposing to renew a Special Land Use Permit
(SLUP) for a Late Night Establishment (Food Therapy Lounge) in Suites A & B of the Briar Clair Shopping Center that
was originally granted on June 25, 2013 for a duration of two years with nine zoning conditions (see attached
approved conditions). There is also a companion SLUP renewal request (SLUP-15-20037) for a Late Night
Establishment (LNE) in a 870 square foot suite (Suite F) on this same property by the same applicant. Since the
original SLUP approval there have been no verified violations of SLUP conditions on the property as of the date of
this SLUP renewal application on July 2, 2015. However, the Code Enforcement Division inspected the site on July
3, 2015 and found that the LNE was operating after 12:30 a.m. during the SLUP application process (see attached
Citation #24334380). Based on review of county records, it appears that there have been no other code or police
violations regarding the operation of the LNE since its original approval. Given the only citation of record as
referenced above, it appears that the operation of the LNE has been generally compatible with the retail,
restaurant, and office uses surrounding the Briarcliff Road/Clairmont Road intersection and within the Briar Clair
Shopping Center (Sec 27-873 A). There are no anticipated adverse impacts on surrounding properties since the
site is within an established shopping center, has access to a major thoroughfare road (Briarcliff Road), and has
ample parking (Sec 27-873 G, D & F). Therefore, it is the recommendation of the Planning and Development
Department that the application for renewal of the SLUP be "Approved with the following conditions”:
1.
2.
3.
4.
5.
6.
7.
8.
Late Night Establishment shall close doors to new patrons by 2:30 a.m., with all customers out of the
establishment by 3:30 a.m.
Comply with the DeKalb County Noise Ordinance.
Provide a minimum of one security officer to secure the establishment and patrol the parking lot at
regular intervals during the hours of operation from 12:30 a.m. until a minimum of 30 minutes after
closing.
The late night establishment shall be limited to the existing 2,000 square foot combined suite within the
Briar Clair shopping center referenced as Suite A & B as shaded on the conceptual site plan dated
03/28/2013 entitled Boundary and Tree Survey Prepared for Tamar Telehun.
Capacity shall be subject to approval of the Fire Marshal's Office.
No dance floor.
No audible music from exterior of building.
No transfer of the Special Land Use Permit (SLUP) is allowed
Support/Representation: Tamar Telahun
Oppose/Representation: None
MOTION: J. West moved, V. Moore seconded for approval as recommended and conditioned by staff. The
motion unanimously passed 7-0-0.
N.3
SLUP-15-20037
18-158-09-021, 18-158-09-024
Commission District: 2 Super District: 6
Application of Tamar Telahun to renew a Special Land Use Permit (SLUP) to allow a Late Night Establishment
within an 870 square foot suite (Suite F) of the Briarclair Shopping Center in the C-1 (Local Commercial District) in
accordance with Section 27-580(c)(4). The property is located on the south side of Briarcliff Road, approximately
413 feet east of Clairmont Road at 3145 Briarcliff Road in Atlanta, Georgia. The property has approximately 200
feet of frontage along Briarcliff Road and contains 1.53 acres.
Staff Recommendation: Approval with Conditions. The applicant is proposing to renew a Special Land Use Permit
(SLUP) for a Late Night Establishment (Therapy Coffee Lounge) in Suite F of the Briar Clair Shopping Center that
was originally granted on June 25, 2013 for a duration of two years with nine zoning conditions (see attached
approved conditions). There is also a companion SLUP renewal request (SLUP-13-20036) for a Late Night
Establishment (LNE) in a 2,000 square foot combined suite (Suite A & B) on this same property by the same
applicant. Since the original SLUP approval there have been no verified violations of SLUP conditions on the
property as of the date of this SLUP renewal application on July 2, 2015. However, the Code Enforcement Division
inspected the site on July 3, 2015 and found that the LNE was operating after 12:30 a.m. during the SLUP
application process (see attached Citation #24334381). Based on review of county records, it appears that there
have been no other code or police violations regarding the operation of the LNE since its original approval. Given
the only citation of record as referenced above, it appears that the operation of the LNE has been generally
compatible with the retail, restaurant, and office uses surrounding the Briarcliff Road/Clairmont Road intersection
and within the Briar Clair Shopping Center (Sec 27-873 A). There are no anticipated adverse impacts on
surrounding properties since the site is within an established shopping center, has access to a major thoroughfare
road (Briarcliff Road), and has ample parking (Sec 27-873 G, D & F). Therefore, it is the recommendation of the
Planning and Development Department that the application for renewal of the SLUP be "Approved with the
following conditions”:
Support/Representation: Tamar Telahun
Oppose/Representation: None
MOTION: J. West moved, V. Moore seconded for approval as recommended and conditioned by staff. The
motion unanimously passed 7-0-0.
N.4
SLUP-15-20047
18-214-08-018
Commission District: 1 Super District: 7
Application of Happy Hour Wine & Spirits, LLC for a Special Land Use Permit for a 1,865 square foot alcohol
outlet in Suite 4 of the Shops at Heritage Place shopping center in the C-1 (Local Commercial) District in
accordance with Section 27-580(c)(8). The property is located on the northeast corner of Hugh Howell Road and
Fuller Way, approximately 1,282 feet west of Mountain Industrial Boulevard at 4450 Hugh Howell Road in Tucker,
Georgia. The property has approximately 480 feet of frontage along Hugh Howell Road and 327 feet of frontage
along Fuller Way and contains 3.31 acres.
Staff Recommendation: Approval with Conditions. This Special Land Use Permit (SLUP) is required since the
proposed business qualifies as an alcohol outlet. The proposed alcohol outlet is compatible with the other retail
uses currently located in the Shops at Heritage Square shopping center. It is not expected to have any adverse
impacts on the adjoining commercial uses. Staff notes that there are no distance issues with schools, churches, or
residences based on the alcohol survey submitted by the applicant (Section 27-873 (B)). It is Staff’s opinion that
the use will not create a disproportionate proliferation of alcohol outlets in the immediate area (Section 27-873 S).
The proposed hours and manner of operation is typical of a retail store, which is an appropriate use for a shopping
center. It also appears that there should be no adverse impacts on surrounding properties since the retail
establishment is proposed to be located in an established commercial building (Section 27-873 G). Therefore, it is
the recommendation of the Planning Department that the application be "Approved subject to the following
conditions”:
1.
2.
3.
4.
The alcohol outlet shall be limited to Suite 4 containing not more than 1,865 gross square feet.
The proposed alcohol outlet shall comply with the alcohol license requirements of DeKalb County.
Establishment shall close by 11:00 p.m. Monday through Saturdays and operating hours shall be from
12:30 p.m. to 8:00 p.m. Sunday.
Provide channel cut letters for primary business identification wall signs
Support/Representation: Hakim Hilliard
Oppose/Representation: None
MOTION: A. Lerner moved, M. Butts seconded for approval as recommended and conditioned by staff. The
motion passed 5-2-0. T. Snipes and J. Johnson opposed.
N.5
SLUP-15-20048
18-210-05-002
Commission District: 4 Super District: 7
Application of Southeastern Retail Development, LLC for a Special Land Use Permit for a 3,556 square foot Pollo
Tropical drive-through restaurant in a C-1 (Local Commercial) district in the Northlake Overlay District, in
accordance with Sec. 27-730.2.8(d)(1). The property is located on the south side of LaVista Road, approximately
148 feet west of Northlake Parkway, at 4241 LaVista Road, Tucker. The property has approximately 279 feet of
frontage on LaVista Road and contains 10.29 acres.
Staff Recommendation: Approval with Conditions. The applicant requests a Special Land Use Permit to develop a
drive-through restaurant on land that is currently part of an underutilized parking lot. Thus, it is consistent with
the following strategy of the 2005-2025 Comprehensive Plan for Regional Centers: “Create compact mixed-use
districts and reduce automobile dependency and travel to obtain basic services.” It is consistent with the goal
stated in the Northlake Overlay District regulations for Tier 1 to “allow for redevelopment of the over-sized parking
areas with new buildings, including retail, office, and residential on one lot to decrease the need for automobile
trips.” The proposed restaurant is not a mixed-use development as described; however, it should be noted that
the goal stated in the Overlay District regulations contemplates complete redevelopment of a large parking lot,
while the proposed project is for redevelopment of a portion of a parking lot, the majority of which would still be
used for the Target store. The proposed use is consistent with the existing development pattern of the Northlake
Overlay District and with other commercial land uses along LaVista Road. The design of the restaurant site would
allow for pedestrian connections with the existing sidewalk on LaVista Road and with the Target store. Existing
land uses on surrounding streets are not expected to be adversely affected by the volume of traffic that is
expected to be generated by the proposed drive-through restaurant, nor by its hours or manner of operation.
Therefore, the Department of Planning and Sustainability recommends “Approval with the following conditions”:
1.
2.
3.
4.
5.
6.
7.
The Special Land Use Permit shall be issued to Pollo Tropical for operation of a drive-through restaurant,
and shall be transferrable in accordance with Section 27-877 of the DeKalb County Code.
The development shall be consistent to the conceptual site plan titled “Pollo Tropical LaVista Road &
Northlake Parkway Tucker, Georgia, prepared by Z Development Services, dated 8/24/15 and revised 817-15 and 8-31-15, and stamped as received by the Department of Planning and Sustainability on August
31, 2015.
The restaurant shall be designed with an entrance door on the north side of the building (i.e., the side of
the building that faces LaVista Road), which shall be open and usable by customers during business hours.
The developer shall construct a pedestrian connection between the development and the areas in the
adjoining Target parking lot located to the south of the subject property.
The dumpster shall be screened from view with a solid enclosure so that it is not visible from any public
street or adjacent property. The enclosure shall be made of materials that have a neutral color or that
match the proposed restaurant building.
One bicycle rack that can store at least three bicycles shall be installed near an entrance to the building.
The approval of this rezoning application by the Board of Commissioners has no bearing on other
approvals by the Zoning Board of Appeals or other authority, whose decision should be based on the
merits of the application before said authority.
Support/Representation: Alec Lesley, Bruce Penn
Oppose/Representation: None
MOTION: A. Lerner moved, T. Snipes seconded for approval as recommended and conditioned by staff. The
motion passed 6-0-0. V. Moore was not on the floor for this vote.
N.6
SLUP-15-20054
18-094-11-006
Commission District: 4 Super District: 6
Application of Almaz Welday to request a Special Land Use Permit for a home occupation (hair salon) with
customer contact within an R-85 (Single-Family Residential) District, in accordance with Sec. 27-165(c)(6). The
property is located on the east side of Rays Road, about 150 feet south of Cavan Drive at 973 Rays Road, in Stone
Mountain, Georgia. The property has approximately 274 feet of frontage on Rays Road and contains 1.12 acres.
Staff Recommendation: Approval with Conditions. Based on the submitted information, it appears that the inhome hair salon meets the criteria of the DeKalb County Zoning Ordinance for a special land use permit allowing a
home occupation with customer contact. The proposed hair salon within the single-family residence should not
have any adverse impact on adjacent and surrounding properties. Planning Staff's recommended conditions should
mitigate anticipated impacts. The exterior of the existing single-family residence is not proposed for alterations,
therefore remaining compatible with surrounding dwellings in the subdivision. Given that the existing driveway
can accommodate parking for the maximum of three (3) clients, there should be no impact on adjacent properties.
The proposed hair salon would not create adverse impacts on adjoining properties by way of noise, smoke, odor,
dust or vibration. Therefore, it is the recommendation of the Planning and Sustainability Department that the
application be “Approved, subject to the following conditions”:
1.
2.
3.
4.
5.
6.
7.
8.
A home occupation, a hair salon with customer contact, within the existing single-family residence.
There shall be no operators other than the owner or resident of the subject property who shall be a
licensed beautician by the State of Georgia.
The hours of operation shall be limited to Monday through Saturday, from 10:a.m. to 5:p.m. Operation of
the hair salon is prohibited on Sundays.
Parking shall be limited to the existing driveway.
The owner shall not lease the hair salon for use by another licensed beautician and the SLUP is not
transferable to any future owners of the subject property.
No identification sign for the hair salon shall be posted on the property.
No evidence of a hair salon shall be located in the front of the property.
The approval of this SLUP application by the Board of Commissioners has no bearing on the requirements
for other regulatory approvals under the Zoning Board of Appeals, or other entity.
Support/Representation: Almaz Welday
Oppose/Representation: Janet Curtis
MOTION: T. Snipes moved, V. Moore seconded for approval as recommended and conditioned by staff. The
motion passed 5-2-0. A. Lerner and J. Johnson opposed.
N.7
LP-15-20056
18-145-05-012, 18-145-05-047
Commission District: 2 Super District: 7
Application of Tpa- Arrowhead, LLC to change the land use designation from SUB (Suburban) to CRC (Commercial
Redevelopment Corridor) for the development of a Seniors' Residential Community at a density of 14 units per
acre. The property is located on the southeast side of Lawrenceville Highway, approximately 715 feet northeast
of McClendon Drive, at 2683 and 2671 Lawrenceville Highway, Decatur. The property has approximately 522 feet
of frontage on Lawrenceville Highway and contains 9.29 acres.
Staff Recommendation: Approval. The rising demand for senior facilities, resulting from gradual “aging” of the
population of DeKalb County, supports development of the property for seniors’ independent and assisted living
facilities. The proposed land use map amendment would further the policies and strategies of the 2025
Comprehensive Plan. Specifically, it would be consistent with the following 2025 Comprehensive Plan policy:
“Create an age-sensitive environment throughout the County to serve the needs of all residents.” (PP2) It would
enable the development of a relatively high-density multi-unit facility, which would be located on a major arterial,
and would thus be consistent with the following policy: “Cluster high density development at nodes and along
major corridors outside of established residential areas.” (CRCCAP6) The requested designation of CRC
(Commercial Redevelopment Corridor) would be consistent with that of nearby properties located on
Lawrenceville Highway and is not expected to adversely affect the existing use or usability of adjacent or nearby
property. Therefore, the Department of Planning and Sustainability recommends “Approval”.
Support/Representation: Bryan Flint, Janel Green, Bruce Penn
Oppose/Representation: Henry Carey, Sonya Green, Bill Maxwell
MOTION: J. West moved, T. Snipes seconded for approval per staff recommendation. The motion unanimously
passed 7-0-0.
N.8
Z-15-20055
18-145-05-012, 18-145-05-047
Commission District: 2 Super District: 7
Application of Tpa- Arrowhead, LLC to rezone property from R-75 (Single-Family Residential) to RM-75 Multifamily Residential) for the development of a Seniors' Residential Community consisting of 130 independent
living units in a four-story multifamily residential building and an assisted living facility with 80 beds in a onestory building. The property is located on the southeast side of Lawrenceville Highway, approximately 715 feet
northeast of McClendon Drive, at 2683 and 2671 Lawrenceville Highway, Decatur. The property has approximately
522 feet of frontage on Lawrenceville Highway and contains 9.29 acres.
Staff Recommendation: Approval w/Conditions. In consideration of the character of the surrounding land uses
and the capacity of the surrounding street system, the proposed development would be suitable at the proposed
location. It would be consistent with the following 2025 Comprehensive Plan policy: “Create an age-sensitive
environment throughout the County to serve the needs of all residents.” (PP2) As a relatively high-density multiunit facility that would be located on a major arterial, the proposed development is consistent with the following
policy: “Cluster high density development at nodes and along major corridors outside of established residential
areas.” (CRCCAP6) The Staff recommendation for the sidewalk and for streetscaping is consistent with the
following strategy for Commercial Redevelopment Corridor character areas: “Use landscaping and other buffers to
protect pedestrians from heavy traffic.” (CRCCAS1) The rising demand for senior facilities, resulting from gradual
“aging” of the population of DeKalb County, supports development of the property for seniors’ independent and
assisted living facilities. If developed in accordance with staff recommendations for architectural design, buffering
and screening, pedestrian facilities, lighting, and infrastructure, the zoning proposal is not expected to adversely
affect the existing use or usability of adjacent or nearby property. Therefore, the Department of Planning and
Sustainability recommends “Approval with conditions the following conditions”:
1.
2.
3.
4.
5.
6.
The proposed development shall be consistent with the conceptual site plan titled, “Rezoning Site Plan”,
prepared by Planners and Engineers Collaborative, dated April 29, 2015, and stamped as received by the
Department of Planning & Sustainability on August 20, 2015.
The proposed development shall consist of a maximum of:
a. A 80-bed, one-story building that is operated as a personal care home (also described herein as an
assisted living facility) for senior citizens; and
b. A 130-unit, four-story building that is operated as an independent living facility for senior citizens.
The design of the building and courtyards of the proposed assisted living facility building shall be
substantially similar to the design depicted on the elevations titled, “Benton House of DeKalb A New
Senior Living Facility”, stamped as received by the Department of Planning and Sustainability on July 24,
2015, and shall be consistent with the photographs labeled “Benton House”, which are attached hereto as
Exhibits A, B, and C.
The front façade of the proposed independent living facility building shall be substantially similar to the
design depicted in the photograph labeled “The Mansions”, which is attached hereto as Exhibit D. In
addition, the facades that face the courtyards shall be consistent with the elevations titled, “Courtyard
Elevations”, by Mike Kerto Design, stamped as received by the Department of Planning and Sustainability
on July 24, 2015.
The developer shall provide 50-foot transitional buffers along all rear property lines, which shall remain
undisturbed unless land disturbance is required to install utilities to serve the proposed development,
such as sewer lines, or to plant additional vegetation. Understory trees and other plants, including
evergreen plants, may be added to said rear transitional buffers to screen the proposed development
from view by residents of adjoining properties, subject to approval by the County Arborist. All plantings
shall be installed as soon as practical after site work is completed. “Rear property lines” mean the
property lines measuring 98.98 feet, 240.30 feet, and 664.39 feet as shown on the survey titled, “Survey
for Mary Buffington Waits”, stamped as received by the Department of Planning and Sustainability on July
9, 2015.
The parking areas in front of the proposed buildings shall be screened from view from Lawrenceville
Highway and buffered for pedestrians on the sidewalks with trees and/or other plants, subject to
recommendations and approval by the County Arborist.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Trees shall be planted around the edges of the parking lot pavement and in the parking lot tree islands
depicted on the site plan described in Condition No. 1, to provide shade and to screen the parking areas
from view by residents of the proposed development, subject to recommendations and approval by the
County Arborist.
The sidewalks along Lawrenceville Highway shall be a minimum width of six feet. A minimum ten-foot
wide landscape strip shall be located between the edge of pavement or edge of curb of Lawrenceville
Highway and the sidewalk. The landscape strip shall be planted with street trees at a minimum of 50 feet
on center, to buffer pedestrians from traffic, subject to approval by the County Arborist and the Georgia
Department of Transportation.
The developer shall install a pedestrian crossing consisting of textured or stamped paving across the curb
cut on Lawrenceville Highway, and shall provide a link for the sidewalks on either side of the curb cut.
Pedestrian walkways and crossings shall be substantially similar to those depicted on the site plan
described in Condition No. 1. Changes to the pedestrian walkways and crossing shall be approved by the
Director of the Department of Planning and Sustainability.
An ADA-compliant walkway shall be constructed from the sidewalk on the east side of the driveway to the
adjoining Rehoboth Church property to the east, to provide an inter-parcel connection.
All exterior lighting shall be screened or shielded to minimize glare on adjoining properties.
Refuse areas shall be screened on all four sides. Materials used for the screening enclosure shall be
colored in neutral colors or earth tones, or materials similar to those used on the primary building.
The developer shall design and construct a storm water management plan that complies with applicable
laws and regulations.
The developer shall install sewer facilities for the development that complies with applicable laws and
regulations.
The approval of this rezoning application by the Board of Commissioners has no bearing on other
approvals by the Zoning Board of Appeals or other authority, whose decision should be based on the
merits of the application before said authority.
Support/Representation: Bryan Flint, Janel Green, Bruce Penn
Oppose/Representation: Henry Carey, Sonya Green, Bill Maxwell, Paul McLennan
MOTION: J. West moved, T. Snipes seconded for deferral to the Board of Commissioners. The motion
unanimously passed 7-0-0.
N.9
SLUP-15-20057
16-100-01-009
Commission District: 5 Super District: 7
Application of Latina H. Bryan for New Thing Christian Church to request a new Special Land Use Permit for a
place of worship in the existing residential structure in an R-100 (Single-Family Residential) District in accordance
with Sec. 27-145(c)(9). The previous approved SLUP-12-17718 for a place of worship on the subject site expired on
July 23, 2015. The property is located on the west side of South Deshon Road, approximately 554 feet south of
the intersection of Windy Ridge Way and South Deshon Road at 1835 South Deshon Road in Lithonia, Georgia.
The property has approximately 276 feet of frontage on the west side of South Deshon Road and contains 4
acres.
Staff Recommendation: Approval with Conditions. Located on a major South Deshon Road, a major
thoroughfare, the approximately 4 acre site complies with development standards per Sec 27-768 of the DeKalb
County Zoning Ordinance for Places of Worship in the R-100 (Single-Family Residential) District. Located within the
Suburban Character Area, the proposed use is consistent with the following Plan Policies and Strategies of the
2005-2025 DeKalb County Comprehensive Plan: SCAP11 - Locate development and activities within easy walking
distance of transportation facilities; SCAP6 - The non-residential development in suburban areas shall meet the
needs of the surrounding residents; SCAS21: Promote activities to highlight historic and cultural assets in the
community and provide opportunities for community interaction. The proposed place of worship in the existing
residential structure would be compatible with surrounding residential land uses and would not create adverse
impacts on adjoining and surrounding properties. Therefore, Staff recommends that the special land use permit for
the place of worship and related facilities be “Approved with the following conditions”:
1.
2.
3.
4.
5.
6.
7.
8.
Restrict use to a Place of Worship in the existing structures replacing previous SLUP-12-17718.
The number and location of access points, road improvements, deceleration lane, and amount of right-ofway dedication shall be determined by the Department of Public Works, Transportation Division.
Provide a ten-foot wide landscape strip along the entire road frontage of South Deshon Road. Plantings
and specifications are subject to the County Arborist.
Provide a sidewalk along property frontage in accordance with development regulations.
All refuse areas shall be completely screened from view of public right-of-way with enclosure.
Signage shall be a ground monument sign with a brick base. The sign area shall not exceed thirty-two (32)
square feet, excluding the base and shall not exceed six (6) feet in height.
Obtain required land disturbance and building permits for completion of site improvements (parking,
sidewalks and landscaping) and compliance to building and safety codes.
Any planned expansion of the church not depicted on attached site plan shall require a new Special Land
Use Permit (SLUP).
Support/Representation: Latina Bryan, Trina Petersen
Oppose/Representation: None
MOTION: M. Butts moved, T. Snipes seconded for approval as recommended and conditioned by staff. The
motion unanimously passed 7-0-0.
N.10
SLUP-15-20060
18-294-04-010, 18-294-04-011
Commission District: 1 Super District: 7
Application of Yosef Micael, LLC for a Special Land Use Permit to allow a Late Night Establishment in a 3,800
square foot suite (Suite H) in the North Hills Shopping Center in the C-1 (Local Commercial) district in accordance
with Section 27-580(c)(4). The property is located on the north side of Chamblee-Tucker Road, the west side of
Interstate 285, and the east side of Buckeye Road at 3364 Chamblee-Tucker Road in Chamblee, Georgia. The
property has approximately 407 feet of frontage along Chamblee-Tucker Road and 100 feet of frontage along
Buckeye Road and contains 11.74 acres.
Staff Recommendation: Approval w/Conditions. The proposed Late Night Establishment (LNE) falls under the
requirements for a Special Land Use Permit (SLUP) since the establishment will serve alcohol after 12:30 a.m.
within 1,500 feet of property zoned for residential use. The nearest residential zoning is the R-100 (Single-Family
Residential ) district approximately 265 feet away from the western property line of the subject property across
Buckeye Road. The proposed suite of the North Hills Shopping Center is located at the eastern end of the
shopping center approximately 1,200 feet away from the Embry Hills subdivision. Based on the field investigation
of the project site and surrounding area, it appears that the SLUP proposal for an LNE is compatible with adjacent
properties, and will not create adverse impacts upon adjoining land uses (Section 27-873 B, G, & H). There are no
anticipated adverse impacts on surrounding properties since the site is within an established commercial building,
is surrounded by office and commercial land uses, has access to a major thoroughfare road (Chamblee Tucker
Road), and has ample parking. Furthermore, there is a seventy (70) foot wide street (Buckeye Road), several onehundred and ninety-five (195)-foot deep office-zoned (O-I) properties, a wooden fence, mature vegetation, and an
eighteen (18) foot drop down in elevation providing an appropriate separation between the Embry Hills single
family subdivision to the west and the proposed LNE. There is also a four-lane major thoroughfare road
(Chamblee Tucker Road) separating the multi-family residential uses to the south from the proposed late night
establishment. The SLUP request is consistent with the policies of the Town Center (TC) Character Area of the
DeKalb County Comprehensive Plan calling for a high density mix of retail, office, services, and employment around
the Chamblee Tucker/Interstate 285 interchange. Therefore, it is the recommendation of the Planning and
Development Department that the application be "Approved with the following conditions”:
1.
2.
3.
4.
5.
6.
7.
8.
9.
The Late Night Establishment shall be limited to the subject 3,800 square foot suite (Suite H) on the
conceptual site plan dated 6/23/2014 and entitled BRC North Hills, LLC by Barton Surveying Inc.
Late Night Establishment shall stop serving alcohol and close doors to new patrons by 2:00 a.m., and all
guests and patrons shall be off the Premises by no later than 2:30 a.m.
A minimum of one (1) outdoor security officer shall be provided to patrol the parking lot.
A minimum of one (1) indoor security officers shall be provided.
Compliance with the DeKalb County Noise Ordinance.
No audible music from exterior of building.
Capacity shall be limited as approved by the Fire Marshall.
No dance floor.
Provide channel cut letters for primary business identification wall sign.
Support/Representation: Yosef Micael
Oppose/Representation: Jenna Teston, Vicki Hood, Victoria Alvarez, Kelley McManaman
MOTION: A. Lerner moved, M. Butts seconded for deferral to the Board of Commissioners. The motion
unanimously passed 7-0-0.
N.11
SLUP-15-20061
18-293-02-010
Commission District: 1 Super District: 7
Application of 556 Metropolitan Holdings c / o Hakim Hilliard for a Special Land Use Permit to allow a 1,300
square foot drive-through restaurant as part of a multi-tenant building containing a proposed 2,750 square foot
convenience store and gas pumps in the C-1 (Local Commercial) district in accordance with Section 27-580(c)(7).
The property is located on the north side of Chamblee Tucker Road and the west side of Northcrest Road,
approximately 513 feet east of Interstate 285 at 3530 Chamblee Tucker Road in Chamblee, Georgia. The property
has approximately 205 feet of frontage along Chamblee Tucker Road and 152 feet of frontage along Northcrest
Road and contains .7 acre.
Staff Recommendation: Approval w/Conditions. The proposed Drive-Through Restaurant falls under the
requirements for a Special Land Use Permit (SLUP) under Section 27-580(c)(7) of the Zoning Ordinance. There is
currently a vacant gas station on the property which will be torn down and redeveloped with a new convenience
store/gas station, and the drive-through restaurant will be located in the same building as the convenience
store/gas station. Since the vacant gas station on the property is proposed to be redeveloped with a similar
automobile-oriented service use, the proposed drive-through restaurant would be compatible with the previous
use and the existing commercial and institutional uses in the surrounding area (Section 27-873 B). It also appears
that there should not be any adverse traffic impacts on surrounding properties considering the site has access to a
major thoroughfare near the Interstate 285 interchange (Section 27-873 E). Ingress and egress to the subject
property will be safer given the number of driveways will be reduced from five to two (Sec 27-873 F). Located
within a Town Center Character Area designated by the 2025 Comprehensive Plan, the proposed development is
consistent with the following plan policies: “Each Town Center should include a high density mix of retail, services,
office, and employment to serve several neighborhoods (TCCAS20)”; and “Locate developments in areas with
direct access to existing infrastructure” (LUS1). Since the submitted site plan does not comply with the required
rear building setback (30 feet required, 25 feet provided) and parking requirements (35 spaces required, 27 spaces
provided; no parking variance required under new zoning code) of the Zoning Ordinance, approval cannot be
based on the submitted site plan. It is the recommendation of the Planning Department that the application be
"Approved with the following conditions”:
1.
2.
3.
Allow a drive-through restaurant within a portion of the primary building. .
The restaurant/convenience store building façade shall consist of brick and stacked stone in general
compliance with the conceptual elevations date stamped 7/9/15 by the Planning and Sustainability
Department.
Drive-through canopies, columns, and other structures shall be constructed with materials consistent with
the primary building’s level of architectural quality and detailing.
4.
5.
6.
7.
Speaker boxes shall not play music but shall only be used for communication with patrons.
No alcohol sold from restaurant without approved SLUP as may be required by DeKalb County Code.
Five-foot wide sidewalks shall be provided along Chamblee Tucker Road and Northcrest Road.
An internal sidewalk or pedestrian route shall be provided connecting the proposed building to sidewalks
along Chamblee Tucker Road and Northcrest Road.
8. Driveways shall be limited to right-in/right-out. Location and number of curb cuts subject to approval of
the Georgia Department of Transportation (GDOT) and the Transportation Division of Public Works.
9. Refuse containers shall be screened on all four sides with brick or material colored in neutral colors or
earth tones to match the primary building.
10. A bicycle rack shall be installed near the front entrance of the building, at a ratio of one bicycle parking
space for every 20 required parking spaces.
11. Provide channel cut letters for primary business identification wall sign.
12. The approval of this rezoning application by the Board of Commissioners has no bearing on other
approvals by the Zoning Board of Appeals or other authority, whose decision should be based on the
merits of the application before said authority.
Support/Representation: Hakim Hilliard
Oppose/Representation: Debora Knott, Michelle Hodge, Victoria Alvarez, Colleen Walsh, Greg Holcomb
MOTION: A. Lerner moved, J. Johnson seconded for a full cycle deferral. The motion passed 6-1-0. J. West
opposed.
N.12
SLUP-15-20062
18-293-02-010
Commission District: 1 Super District: 7
Application of 556 Metropolitan Holdings c / o H akim Hilliard for a Special Land Use Permit to allow an
alcohol outlet within a 2,750 square foot convenience store as part of a multi-tenant building containing a
proposed 1,500 square foot drive-through restaurant and gas pumps in the C-1 (Local Commercial) district in
accordance with Section 27-580(c)(8). The property is located on the north side of Chamblee Tucker Road and the
west side of Northcrest Road, approximately 513 feet east of Interstate 285 at 3530 Chamblee Tucker Road in
Chamblee, Georgia. The property has approximately 205 feet of frontage along Chamblee Tucker Road and 152
feet of frontage along Northcrest Road and contains .7 acre.
Staff Recommendation: Approval w/Conditions. The proposed Alcohol Outlet falls under the requirements for a
Special Land Use Permit (SLUP) under Section 27-580(c)(8) of the Zoning Ordinance. Based on the submitted
survey and information, it appears that the SLUP proposal for the alcohol outlet is compatible with the commercial
and institutional uses in the surrounding area (Section 27-873 B). It also appears that there should be no adverse
impacts on surrounding properties since the site has access to a major thoroughfare road and is a retail establishment
only (Section 27-873 G). Located within a Town Center Character Area designated by the 2025 Comprehensive
Plan, the proposed development is consistent with the following plan policies: “Each Town Center should include a
high density mix of retail, services, office, and employment to serve several neighborhoods (TCCAS20)”; and
“Locate developments in areas with direct access to existing infrastructure” (LUS1). However, Staff notes that the
submitted site plan does not comply with the required rear building setback (30 feet required, 25 feet provided) and
parking requirements (35 spaces required, 27 spaces provided; no parking variance required under new zoning code
which requires 16 parking spaces) of the Zoning Ordinance, and approval cannot be based on the submitted site
plan. It is the recommendation of the Planning Department that the application be "Approval with the following
conditions”:
1.
2.
The Special Land Use Permit shall be issued for operation of an alcohol outlet, and shall be transferrable in
accordance with Section 27-877 of the DeKalb County Code.
The restaurant/convenience store building façade shall consist of brick and stacked stone in general
compliance with the conceptual elevations date stamped 7/9/15 by the Planning and Sustainability
Department.
3.
The alcohol outlet shall be not more than 2,750 square feet of the proposed 4,050 square foot building
as referenced in the attached legal description for the convenience store.
4. Compliance with alcohol license requirements of DeKalb County.
5. Five-foot wide sidewalks shall be provided along Chamblee Tucker Road and Northcrest Road.
6. An internal sidewalk shall be provided connecting the proposed building to sidewalks along Chamblee
Tucker Road and Northcrest Road.
7. Driveways shall be limited to right-in/right-out. Location and number of curb cuts subject to approval of
the Georgia Department of Transportation (GDOT) and the Transportation Division of Public Works.
8. Refuse containers shall be screened on all four sides with brick or material colored in neutral colors or
earth tones and shall match the primary building.
9. A bicycle rack shall be installed near the front entrance of the building, at a ratio of one bicycle parking
space for every 20 required parking spaces.
10. The approval of this rezoning application by the Board of Commissioners has no bearing on other
approvals by the Zoning Board of Appeals or other authority, whose decision should be based on the
merits of the application before said authority.
Support/Representation: Hakim Hilliard
Oppose/Representation: Debora Knott, Michelle Hodge, Victoria Alvarez, Colleen Walsh, Greg Holcomb
MOTION: A. Lerner moved, J. Johnson seconded for a full cycle deferral. The motion passed 6-1-0. J. West
opposed.
_____________________________________________________________________________________________________________________
N.13
SLUP-15-20064
18-293-02-010
Commission District: 1 Super District: 7
Application of 556 Metropolitan Holdings c / o Hakim Hilliard for a Special Land Use Permit to allow
automobile gas pumps as part of a proposed 4,250 square foot multi-tenant project containing a2,750 square
foot convenience store/alcohol outlet and a 1,500 square foot drive-through restaurant in the C-1 (Local
Commercial) district in accordance with Section 27-580(c)(6). The property is located on the north side of
Chamblee Tucker Road and the west side of Northcrest Road, approximately 513 feet east of Interstate 285 at
3530 Chamblee Tucker Road in Chamblee, Georgia. The property has approximately 205 feet of frontage along
Chamblee Tucker Road and 152 feet of frontage along Northcrest Road and contains .7 acre.
Staff Recommendation: Approval w/Conditions. The proposed automobile gas pumps falls under the
requirements for a Special Land Use Permit (SLUP) under Section 27-580(c)(6) of the Zoning Ordinance. There is
currently a vacant gas station on the property which will be torn down and redeveloped with a new convenience
store/gas station. Given that a gas station previously operated on the site, the proposed gas pumps are consistent
with the previous use and compatible with the other surrounding commercial and institutional uses (Section 27873 B). It also appears that there should not be any adverse traffic impacts on surrounding properties considering
the site has access to a major thoroughfare near the Interstate 285 interchange (Section 27-873 E). Located
within a Town Center Character Area designated by the 2025 Comprehensive Plan, the proposed development is
consistent with the following plan policies: “Each Town Center should include a high density mix of retail, services,
office, and employment to serve several neighborhoods (TCCAS20)”; and “Locate developments in areas with
direct access to existing infrastructure” (LUS1). Since the site plan is not providing the required 35 parking spaces
required by the Zoning Ordinance (27 spaces provided; no parking variance required under new zoning code) for
the associated drive-through restaurant and alcohol outlet, parking variances are required and approval cannot be
based on the submitted site plan. It is the recommendation of the Planning and Development Department that
the application be "Approved with the following conditions”:
1.
2.
3.
4.
The Special Land Use Permit shall be approved for gas pumps, and shall be transferrable in accordance
with Section 27-877 of the DeKalb County Code.
There shall be a maximum of eight fueling stations.
Support columns for the canopy shall consist of four sides’ brick.
Five-foot wide sidewalks shall be provided along Chamblee Tucker Road and Northcrest Road.
5.
6.
7.
8.
9.
An internal sidewalk shall be provided connecting the proposed building to sidewalks along Chamblee
Tucker Road and Northcrest Road.
Driveways shall be limited to right-in/right-out. Location and number of curb cuts subject to approval of
the Georgia Department of Transportation (GDOT) and the Transportation Division of Public Works.
Refuse areas shall be screened on all four sides with brick or material colored in neutral colors or earth
tones to match primary building.
A bicycle rack shall be installed near the front entrance of the building, at a ratio of one bicycle parking
space for every 20 required parking spaces.
The approval of this rezoning application by the Board of Commissioners has no bearing on other
approvals by the Zoning Board of Appeals or other authority, whose decision should be based on the
merits of the application before said authority.
Support/Representation: Hakim Hilliard
Oppose/Representation: Debora Knott, Michelle Hodge, Victoria Alvarez, Colleen Walsh, Greg Holcomb
MOTION: A. Lerner moved, J. Johnson seconded for a full cycle deferral. The motion passed 6-1-0. J. West
opposed.
N.14
SLUP-15-20063
16-039-04-058
Commission District: 5 Super District: 7
Application of Carter Engineering Consultants, Inc for a Special Land Use Permit to allow a Dunkin Donuts
restaurant with a drive-through lane in the C-1 (Local Commercial) District, within Tier 2 of the I-20 Overlay District
in accordance with Sec. 27-580(c)(7). The property is located on the north side of Covington Highway,
approximately 343 feet west of the northwest intersection of Covington Highway and Panola Road at 6092
Covington Highway in Decatur, Georgia. The property has approximately 93 feet of frontage along the north side
of Covington Highway and contains .32 acre.
Staff Recommendation: Approval w/Conditions. The proposed Dunkin Donuts/ Baskin Robbins restaurant with a
drive-through lane is compatible with nearby commercial and non-residential uses along Covington Highway and
Panola Road. Located within a Neighborhood Center Character Area, the proposed drive-through restaurant is
consistent with the following plan policy and strategy of the 2005-2025 Comprehensive Plan: Increase the variety
of restaurants available county-wide (EDP9); Locate developments in areas with direct access to existing
infrastructure (LUS1); and Encourage development within and near principal transportation corridors and activity
centers (LUS3). Transportation improvements in the attached recommended conditions should lessen the traffic
impact in the immediate surrounding area. The Planning and Sustainability Department recommends “Approval
with the following conditions”:
1.
2.
3.
4.
5.
6.
A restaurant drive-through lane as depicted on the site plan stamped received by the Department of
Planning and Sustainability on August 26, 2015 and dated 07/09/15. Said site plan is conceptual and is
subject to compliance to C-1 (Local Commercial) and I-20 development standards unless variances are
obtained from appropriate regulatory authorities.
Access from Covington Highway shall be subject to approval of the Georgia Department of Transportation
(GDOT).
Provide inter-parcel access to all adjacent parcels. Location is subject to GDOT and the approval of the
Department of Public Works, Transportation Division.
Provide a pedestrian connection from the property to the public sidewalk and provide a 5-foot sidewalk
along the internal drive along the west property line.
Refuse areas shall be screened by an enclosed fence with materials similar to primary building.
The approval of this SLUP application by the Board of Commissioners has no bearing on the requirements
for other regulatory approvals under the Zoning Board of Appeals, or other entity.
Support/Representation: Mark Campbell
Oppose/Representation: None
MOTION: M. Butts moved, T. Snipes seconded for approval as recommended and conditioned by staff. The
motion unanimously passed 7-0-0.
N.15
SLUP-15-20065
15-222-07-004
Commission District: 5 Super District: 7
Application of Katrice Simmons for a Special Land Use Permit for a child caring institution for up to 6 children in
an R-75 (Single-Family Residential) district, in accordance with Sec. 27-185(c)(12). The property is located on the
south side of Creek Court, approximately 144 feet east of South Indian Creek Road, at 4081 Creek Court, Stone
Mountain. The property has approximately 80 feet of frontage on Creek Court and contains .4 acre.
Staff Recommendation: Approval w/Conditions. The proposed child caring institution for up to six adolescent
girls would be consistent with the needs of the community as a whole, because it would provide a home
environment for adolescents who need special care. The proposed use is consistent with the following policies
and strategies of the 2025 Comprehensive Plan: “Encourage the development of social programs that will serve all
ages.” (PS11) “Identify opportunities to enhance and expand supportive services for all age cohorts.” (PS7) and
“Provide a variety of housing opportunities and choices to better accommodate the needs of residents” (HS13) No
increase in the square footage of the house is proposed. Based on the description of the facility and its programs
that has been provided in the application, it appears that the proposed facility will be compatible with the
neighborhood. The proposed group child caring institution is expected to function as a home for the residents,
similar to that of other single-family households in the neighborhood. Therefore, the Department of Planning and
Sustainability recommends, “Approval with the following conditions”:
1.
2.
3.
The Special Land Use Permit shall be issued to Katrice Simmons for operation of a Child Caring Institution
with a maximum of six residential clients, and shall be not be transferrable.
Visiting hours for residents of the child caring institution shall end at 10:00 P.M. Monday through Sunday.
Residents’ vehicles shall be parked on-site within the driveway or inside the garage.
Support/Representation: Katrice Simmons
Oppose/Representation: Betsy Richards, Charlie Wilson, Bryant Smith, Jacqueline Adams
MOTION: M. Butts moved, V. Moore seconded for denial. The motion passed 4-2-1. T. Snipes and R. Godfrey
opposed; J. Johnson abstained.
N.16
CZ-15-20066
18-040-07-005
Commission District: 4 Super District: 7
Application of Shalisa Brent to request a major modification of approved zoning conditions pursuant to CZ-97090
which limits the site to business and professional offices to allow an after school care program and child day care
center in an O-I (Office-Institutional) District. The property is located on the northwest corner of Rockbridge Road
and Halwick Way at 4764 Rockbridge Road in Stone Mountain, Georgia. The property has approximately 258 feet
of frontage along the north side of Rockbridge Road and approximately 75 feet of frontage along the west side of
Halwick Way and contains .86 acre.
Staff Recommendation: Approval w/Conditions. Located within a Suburban Character area designated by the
2005-2025 Comprehensive Land Use Plan Map, the proposed after school care program and child day care center
is consistent with the following plan strategy: Create neighborhood focal points by locating schools, community
centers, or well-designed small commercial centers at suitable locations within walking distance of residences
(SCAS18). The proposed after school program and child care center would not result in a disproportional
proliferation of child care facilities or similar uses. Given the consistency with Plan policies, suitability of site for
reuse and current compatibility with adjacent and surrounding properties in the area, the Department of Planning
and Sustainability recommends “Approval with the following conditions”:
1.
2.
3.
4.
5.
6.
7.
8.
Allow an after school program and child day care center or professional and business office in the O-I
(Office-Institutional) zoning district within the existing structure.
The asphalt drive to Halwick Way is removed prior to occupancy of the property for office use.
Parking is allowed in the existing concrete drive or on an improved surface which is limited to the front of
the existing house or on the east side of the building.
Access shall be limited to the existing curb cut on Rockbridge Road or as may be approved by the Public
Works Transportation Engineering Division.
All refuse containers shall be screened from public view with fencing or similar building materials to
match the existing structure.
Allow one (1) monument sign not to exceed six (6) feet in height and thirty-two (32) square feet of sign
area. Business identification wall signage is prohibited.
The approval of this modification application by the Board of Commissioners has no bearing on the
requirements for other regulatory approvals under the authority of the Zoning Board of Appeals, or other
entity whose decision should be based on the merits of the application under review by such entity.
These conditions replace all conditions of CZ-97090.
Support/Representation: Shalisa Brent
Oppose/Representation: Janet Curtis
MOTION: J. Johnson moved, M. Butts seconded for approval as recommended and conditioned by staff. The
motion passed 5-0-2. T. Snipes and V. Moore abstained.
N.17
CZ-15-20067
18-188-05-004, 18-188-05-066, 18-188-05-068
Commission District: 4 Super District: 7
Application of Dennis J. Webb, Jr., Esq. for 1699 Land Company, LLC for a Major Modification to change the
conditional site plan of CZ-07-13322, for development of "The Gates at LaVista", a 45-unit townhome
development. The property is located on the south side of Lawrenceville Highway, approximately 876 feet
northeast of Cooledge Road at 3423, 3431, and 3435 Lawrenceville Highway, Tucker. The property has
approximately 164 feet of frontage on Lawrenceville Highway and contains 8.43 acres.
Staff Recommendation: Approval w/Conditions. The applicant requests modification of the site plan approved
in 2007 by the Board of Commissioners, pursuant to CZ-07-13322. The 2007 site plan depicts a development with
65 attached single-family townhouse units, whereas the site plan submitted with the application now under
consideration reduces the number of units to 45. The proposed reduction in the number of units is suitable at the
subject location. Changes in the housing market since the property was rezoned in 2007 support modification of
the site plan to make it more consistent with current housing preferences. The current zoning proposal for is
consistent with the 2025 Comprehensive Plan strategy to “Provide a variety of housing opportunities and choices
to better accommodate the needs of residents.” (HS13) If developed in accordance with the staff
recommendations for the sidewalk and streetscaping along Lawrenceville Highway, it would be consistent with the
following strategy for Commercial Redevelopment Corridor character areas: “Use landscaping and other buffers to
protect pedestrians from heavy traffic.” (CRCCAS1) The School District has commented that the proposed
development is projected to generate demand for school facilities at an already overcrowded Tucker High School;
however, it should be noted that the proposed modification reduces the number of units to 45 from the 65 that
were approved in 2007. If developed in accordance with the Staff recommendation regarding streetscaping, traffic
calming within the site, transitional buffers, exterior lighting, and porches and decks, the zoning proposal will help
revitalize the Lawrenceville Highway commercial corridor and should not adversely affect the existing use or
usability of adjacent or nearby property. Therefore, the Department of Planning and Sustainability recommends,
“Approval with the following conditions”:
Note: The following conditions replace all previous conditions adopted pursuant to CZ-07-13323 and CZ-92058.
The conditions recommended below consist of new conditions as well as conditions that were approved pursuant
to CZ-07-13323. The source of the recommended condition is noted in parentheses.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
The subject property shall be developed for no more than 47 fee simple, single-family attached
townhomes (including 43 new units and four existing units), in substantial compliance with the layout
shown on the site plan titled “Rezoning Site Plan”, prepared by Planners and Engineers Collaborative”,
stamped as received by the Department of Planning & Sustainability on August 28, 2014, which shall be
subject to the sketch plat requirements of Chapter 14 of the DeKalb County Code. (New)
A minimum 6-foot wide sidewalk and a minimum 10-foot wide landscape strip with street trees planted
50 feet on center shall be constructed next to Lawrenceville Highway for the entire frontage of the
development. The landscape strip shall be located between the Lawrenceville Highway pavement and the
sidewalk. (New)
Textured or stamped paving shall be installed across the curb cut on Lawrenceville Highway. (New)
Sidewalks shall be constructed on at least one side of the internal drives, as shown on the site plan
described in Condition No. 1. Where sidewalks are crossed by driveways, a pedestrian crossing strip shall
be provided across each driveway to facilitate pedestrian passage along the interior sidewalks. The
pedestrian crossing strip shall consist of striping, contrasting texture, contrasting color, or contrasting
pavement material. (New)
The developer shall provide a minimum of five raised pedestrian crossing strips at evenly-spaced intervals
across the internal street in the distance between Unit 1 and Unit 17. A minimum of three pedestrian
crossing strips shall be provided across the streets that are located in front of Units 18 – 35. (New)
Exterior lights attached to the rear walls of the units next to the east and south property line shall be
shielded and directed to minimize light spillage on adjoining properties. (New)
Any outdoor decks or porches on the rear of the units next to the east and south property lines shall be
located only on the ground floor. (New)
Stormwater detention facilities shall be designed as a “micro pool” as described in the Georgia
Stormwater Manual or a planted pond using similar water quality techniques for biofiltration. Aboveground detention ponds will either be unfenced or fenced with wooden four-rail fences. (New)
The entrance sign to the subdivision shall be a maximum of 8 feet in height, shall be designed as a
monument sign, and shall be finished with brick or stone, as shown on the detail included on the site plan
described in Condition No. 1. (New)
Developer will not park any construction vehicles, store any materials, or place porta-potties on
Lawrenceville Highway. Further, Developer will keep Lawrenceville Highway and the construction site at
the subject property reasonably free of construction litter/trash. (CZ-07-13323)
The front façade of each unit shall be constructed of a combination of the following materials: brick,
stone, simulated stone, cedar shake, and a hardi-plank type product. (Note: Two of the items listed
would constitute a combination except a combination of cedar shake and hardi-plank type products). A
combination of construction materials also will be used on the back of the structure that abuts Hebron
Hills Drive. (CZ-07-13323)
Each two-story dwelling unit shall have a minimum of 1,800 square feet of heated space and each threestory dwelling unit shall have a minimum of 2,000 square feet of heated space. (CZ-07-13323)
Three-story dwelling units will be located only adjacent to the west side and north side property lines, to
avoid negative impacts if they were to be located next to property lines that adjoin single-family
residential properties. (New)
To the extent allowed by DeKalb County and/or code, Developer agrees to construct a six foot tall opaque
fence along the eastern property line. A mandatory homeowners’ association will own and maintain the
fence. (CZ-07-13323)
The subject property shall have a mandatory homeowners’ association, created by the Developer, that
will require, among other things, maintenance of the fence, maintenance of building exteriors, and
maintenance of detention ponds and common areas. (CZ-07-13323)
Developer agrees that no loud music will emanate from the site during construction. (CZ-07-13323)
Each dwelling unit shall have a two-car garage. (CZ-07-13323)
Developer will enhance the twenty-foot buffer adjacent to the east and west property lines to screen the
homes that front on Hebron Hill Drive and on Sarah’s Lane by adding evergreen plants in areas of scarce
19.
20.
21.
22.
23.
vegetation. Where the buffer is cleared and graded for construction of utilities, the developer shall
landscape the buffers with evergreen trees and understory plants, subject to the recommendations and
approval by the County Arborist. (New)
Developer agrees not to use the words “Hebron Hills” in the name of the development. (CZ-07-13323)
Developer agrees to follow the erosion and sedimentation control requirements of DeKalb County during
development. (CZ-07-13323)
Developer agrees to include in the homeowners’ association documents a requirement that no more than
10% of the dwelling units can be leased at any one time. (CZ-07-13323)
To the extent allowed by DeKalb County and/or code, Developer will clear kudzu and debris from the
twenty-foot buffer adjacent to Hebron Hills Drive and Sarah’s Lane. (CZ-07-13323)
The approval of this rezoning application by the Board of Commissioners has no bearing on other
approvals by the Zoning Board of Appeals or other authority, whose decision should be based on the
merits of the application before said authority. (New)
Support/Representation: Den Webb, Bruce Penn
Oppose/Representation: Naomi Green, Vincent Lafitte, Laurie Harry, Mary Britting, Andrew Greenberg,
Charles Sutton
MOTION: J. West moved, J. Johnson seconded for a full cycle deferral. The motion passed 4-3-0. T. Snipes
M. Butts and R. Godfrey opposed.
N.18
CZ-15-20068
18-165-01-056
Commission District: 4 Super District: 7
Application of Dennis J. Webb, Jr., Esq. for Loring Byers Funeral Directors for a Major Modification to change the
conditional site plan of CZ-08-14803, for a 2,707 square foot, one story building addition. The property is located
on the north side of Lawrenceville Highway, approximately 380 feet from Terri Lynn Court, at 3150 Lawrenceville
Highway, Tucker. The property has approximately 589 feet of frontage on Lawrenceville Highway and contains
3.86 acres.
Staff Recommendation: Approval w/Conditions. The applicant requests a Major Modification to the conditional
site plan of CZ-08-14803, for a 2,707 square foot, one story building addition. The proposed building addition
would not change the use of the property for a funeral home and would not change the zoning pattern of the
surrounding area. It would harmonize with the design, scale, and massing of the existing building. It would not
affect adjoining properties or nearby residential areas. The following policy of the 2025 Comprehensive Plan
supports the zoning proposal: Ensure that new development and redevelopment is compatible with existing
residential areas.” (LUP6) Therefore, the Department of Planning and Sustainability recommends “Approval with
the following conditions”:
The following conditions shall supersede all previously-approved conditions on the subject property:
1.
2.
3.
4.
5.
6.
The proposed addition shall have a maximum of 2,707 square feet of floor area and shall be one story
high.
The property shall be used only for a funeral home. No crematory shall be allowed.
Any street access from the subject property to the adjoining Floral Hills Memorial Gardens Cemetery shall
be provided in the form of a driveway as shown on the site plan prepared for CZ-08-14803 by Kimley-Horn
and Associates, Inc. and dated 5/05/08.
The property shall have a maximum of two curb cuts on Lawrenceville Highway.
No trees, other than dead or diseased trees, shall be removed from the property, subject to approval by
the County Arborist.
The septic system that serves the subject property shall be closed and backfilled in accordance with
applicable codes, and the buildings on the property shall be tied into the County sewer system when the
County system is available for a connection with the subject property.
7.
The approval of this rezoning application by the Board of Commissioners has no bearing on other
approvals by the Zoning Board of Appeals or other authority, whose decision should be based on the
merits of the application before said authority.
Support/Representation: Den Webb, Bruce Penn
Oppose/Representation: Laurel Jackson
MOTION: A. Lerner moved, T. Snipes seconded for approval as recommended and conditioned by staff, with an
added condition that there be no embalming on the site. The motion unanimously passed 7-0-0.
N.19
LP-15-20073
16-121-04-003
Commission District: 5 Super District: 7
Application of Colin & Sandra Leslie for a Land Use Map Amendment from SUB to LIND. The property is located
on the northwest side of Covington Highway, approximately 450 feet from the northeast intersection of Lithonia
Industrial Boulevard and Covington Highway, at 7260 Covington Highway in Lithonia, Georgia. The property has
approximately 300 feet of frontage on the northwest side of Covington Highway and approximately 200 feet of
frontage along the south side of Parkway Road and contains 2.3 acres.
Staff Recommendation: Approval. The request is to amend the Land Use Plan Map from Suburban (SUB) to Light
Industrial (LIND) for the subject site. This is a companion case to Z-15-20074, a request to rezone the site from to
the R-75 (Single-Family Residential) District to C-2 (General Commercial) District to develop a beauty salon and
contractor’s office with outside storage on the subject site. The proposed Land Use Plan amendment change from
Suburban (SUB) to Light Industrial (LIND) is suitable in view of the adjacent and nearby properties designated
(LIND) in the area along Covington Highway and Lithonia Industrial Boulevard. Industrial land uses in the area
include Atlanta International Hydraulic Repair and Phoenix Sign Systems, Incorporated. The Light Industrial (LIND)
character area designation supports the proposed C-2 (General Commercial) district on the site. The proposed
Land Use Amendment request along Covington Highway (a major thoroughfare) is consistent with the following
comprehensive plan policies and strategies: Attract new industrial growth that provides quality employment and
economic opportunities and makes effective use of existing resources (EDP4); Minimize environmental impacts
from building and using the transportation system. Locate industrial centers in areas with good access to highway
areas (ICAP2); Promote heavy vehicle access roads in compatible areas (ICAP3); Incorporate landscaping and site
design to soften or shield views of buildings and loading docks, etc.) (ICAP4); Locate developments in areas with
direct access to existing infrastructure (LUS1); and Encourage the use of buffers by large-scale office, commercial,
industrial, institutional and high density residential development to reduce noise and air pollution in residential
neighborhoods (LUS9). Given the consistency with Plan policies and current compatibility with adjacent and
surrounding properties in the area, the Department of Planning and Sustainability recommends “Approval of the
Land Use change request”.
Support/Representation: Michele Battle
Oppose/Representation: Tiffany Bowers, Jacqueline Petty
MOTION: M. Butts moved, T. Snipes seconded for approval per staff recommendation. The motion passed
5-2-0. J. West and A. Lerner opposed.
N.20
Z-15-20074
16-121-04-003
Commission District: 5 Super District: 7
Application of Colin & Sandra Leslie to rezone property from R-75 (Single-Family Residential) District to C-2 (General
Commercial) District for a beauty salon and general contractor's office with outdoor storage. The property is
located on the northwest side of Covington Highway, approximately 450 feet from the northeast intersection of
Lithonia Industrial Boulevard and Covington Highway, at 7260 Covington Highway in Lithonia, Georgia. The
property has approximately 300 feet of frontage along the northwest side of Covington Highway and
approximately 200 feet of frontage along the south side of Parkway Road and contains 2.3 acres.
Staff Recommendation: Approval w/Conditions. The applicant is requesting to rezone the property from the
R-75 (Single-Family Residential) District to the C-2 (General Commercial) District to develop a beauty salon and
contractor’s office with outside storage on the subject site. The proposed rezoning to C-2 (Commercial) is
consistent with the following comprehensive plan strategies: Designate specific area through the use of zoning and
other land use tools for developments of this type (LICAS2); Locate industrial centers in areas with good access to
highway areas (LICAS4); Promote heavy vehicle access roads in compatible areas (LICAS5); and Locate
developments in areas with direct access to existing infrastructure (LUS1). Given the consistency with Plan policies
and current compatibility with adjacent and surrounding properties in the area, the Department of Planning and
Sustainability recommends “Approval with the following conditions”:
1.
2.
3.
4.
5.
6.
Allow a beauty salon on property fronting Covington Highway and contractor’s office with outside storage
on portion of property fronting Parkway Road in compliance with the conceptual site plan submitted to
the Planning and Sustainability Department on July 9, 2015.
Beauty salon access shall be limited to one curb cut from Covington Highway subject to Georgia
Department of Transportation (GDOT). Contractor’s access shall be limited to one curb cut from Parkway
Road subject to approval by the Transportation Division of the Department of Public Works.
All refuse containers shall be screened from public view with fencing or similar building materials to
match the existing structure.
Subdivide property prior to getting a Land Disturbance Permit (LDP) for the contractor’s office with
outside storage.
Allow one (1) monument sign not to exceed eight (8) feet in height and thirty-two (32) square feet of sign
area per street frontage. Business identification wall signage is prohibited.
The approval of this rezoning application by the Board of Commissioners has no bearing on the
requirements for other regulatory approvals under the authority of the Zoning Board of Appeals, or other
entity whose decision should be based on the merits of the application under review by such entity.
Support/Representation: Michele Battle
Oppose/Representation: Tiffany Bowers, Jacqueline Petty
MOTION: M. Butts moved, T. Snipes seconded for approval as recommended and conditioned by staff. The
motion passed 5-2-0. J. West and A. Lerner opposed.
N.21
Z-15-20075
16-093-07-047
Commission District: 5 Super District: 7
Application of Saheli Personal Care, Inc. to rezone property from R-100 (Single- Family Residential) District to O-I
(Office-Institutional) District for a personal care home, community for up to 9 persons. The property is located on
the south side of Redan Road, approximately 360 feet east of the southeast intersection of Redan Road and
Duran Farms Drive at 6193 Redan Road in Lithonia, Georgia. The property has approximately 137 feet of frontage
on Redan Road and contains 1.16 acres.
Staff Recommendation: Approval w/Conditions. The applicant is requesting to rezone the property from the
R-100 (Single-Family Residential) District to the O-I (Office-Institutional) District to operate a personal care home,
community for up to 9 persons. Located within a Suburban Character Area designated by the 2025
Comprehensive Plan, the proposed use reflect consistency with the following Comprehensive Plan Policies:
Promote sense of place initiatives (NCCAP1); Increase the availability of special needs housing to meet the growing
population (HS9) and Encourage housing for the elderly that is well planned, soundly financed and located within a
pedestrian friendly, residential community (HS17). The rezoning request for a personal care home is suitable given
the sites’ frontage on Redan Road (a major thoroughfare) and its proximity to institutional and commercial uses
along Redan Road. There are two (2) places of worship near the subject site along Redan Road (Fairfield Baptist
Church and Redan United Methodist Church). East of the site is the Redan-Trotti Library. Given the consistency
with Plan policies and current compatibility with surrounding properties in the area, the Department of Planning
and Sustainability recommends “Approval with the following conditions”:
1.
2.
3.
4.
5.
6.
Limit use to a personal care home, community for up to 9 persons within the existing residential
structure.
Access shall be limited to one curb cut from Redan Road subject to approval by the Transportation
Division of the Department of Public Works.
All refuse containers shall be screened from public view.
Allow one (1) monument sign not to exceed six (6) feet in height and twenty-four (24) square feet of sign
area. Business identification wall signage is prohibited.
Provide a 50-foot transitional buffer along adjacent residential zoned property lines.
The approval of this rezoning application by the Board of Commissioners has no bearing on the
requirements for other regulatory approvals under the authority of the Zoning Board of Appeals, or other
entity whose decision should be based on the merits of the application under review by such entity.
Support/Representation: Michele Battle
Oppose/Representation: Robert Burroughs
MOTION: M. Butts moved, V. Moore seconded for denial. The motion passed 5-2-0. T. Snipes and J. Johnson
opposed.
N.22
Z-15-20083
15-183-10-008
Commission District: 3 Super District: 7
Application of Manual Escuela to rezone from C-1 (Local Commercial) District to R-75 (Single-Family Residential)
District to allow for residential use only. The property is located on the north side of Glenwood Road,
approximately 467 feet east of the intersection of Glenwood Road and Ellington Street at 3266 Glenwood Road in
Decatur, Georgia. The property has approximately 100 feet of frontage along the north side of Glenwood Road
and contains .36 acre.
Staff Recommendation: Approval w/Conditions. The applicant is requesting to rezone the property from the
C-1 (Local Commercial) District to R-75 (Single-Family Residential) District to allow the use of a single-family
structure as a residence on the site. The proposed rezoning to R-75 is consistent with the established R-75 singlefamily residential district adjacent to and north of the site. Per applicant, the site has always been used and
maintained as a single-family residence. It appears the home and lot have been recently renovated and its
appearance is compatible with existing residential structures along Glenwood Road. The Comprehensive Plan has
designated the site within a Commercial Redevelopment Corridor (CRC). The proposed single-family use is
consistent the following comprehensive plan strategies and policy: Reinforce neighborhood stability by
encouraging home ownership and the maintenance of existing properties (HS14); Improve and develop healthy
housing conditions in older housing (HP10); and Provide a variety of housing opportunities and choices to better
accommodate the needs of residents (HS13). Given the consistency with Plan policies and current compatibility
with adjacent and surrounding properties in the area, the Department of Planning and Sustainability recommends
“Approval with the following conditions”:
1.
2.
3.
Allow existing structure to be used as a single-family residence on the subject site.
Access shall be limited to the existing curb cut from Glenwood Road subject to approval by the
Transportation Division of the Department of Public Works.
The approval of this rezoning application by the Board of Commissioners has no bearing on the
requirements for other regulatory approvals under the authority of the Zoning Board of Appeals, or other
entity whose decision should be based on the merits of the application under review by such entity.
Support/Representation: Manual Escuela
Oppose/Representation: None
MOTION: V. Moore moved, J. West seconded for approval as recommended and conditioned by staff. The
motion unanimously passed 7-0-0.
N.23
CZ-15-20087
15-190-01-095
Commission District: 5 Super District: 7
Application of Tracey Roddy for Clarence Brantley for a Major Modification to eliminate a condition of zoning
pursuant to CZ-06-1140 that restricts certain C-1 uses on the property, and to replace it with a condition that
allows all C-1 uses except auto-related uses, dwellings, lodgings, and commercial parking lots. The property is
located on the west side of Covington Highway, approximately 976 feet north of Glenwood Road, at 4717
Covington Highway, Decatur. The property has approximately 200 feet of frontage on Covington Highway and
contains 2 . 2 3 acres.
Staff Recommendation: Approval w/Conditions. The proposed major modification to change the conditions
imposed on the property pursuant to CZ-06-1140 would allow suitable uses to occupy the existing shopping center
and would prohibit unsuitable uses. Currently, the owner of the shopping center is limited by the conditions
imposed in 2006 from leasing space to tenants who would provide desirable goods and services to the surrounding
community. The zoning proposal will not adversely affect the existing use or usability of adjacent or nearby
property. Therefore, the Department of Planning and Sustainability recommends “Approval with the following
conditions”:
1.
All uses of land and structures that are permitted in the C-1 district shall be allowed on the property.
a.
b.
c.
Automobile and truck sales.
Automobile service station.
Automobile, truck, and trailer lease and rental, including such uses as accessory to an automobile
service station.
d. Automobile wash service.
e. Automobile gas station (a.k.a. “automobile service station”)
f. Boat sales.
g. Minor automobile repair and maintenance shop.
h. Trailer salesroom and sales lot.
i. Shelter for homeless persons.
j. Transitional housing facility.
k. Bed and breakfast inn
l. Hotel
m. Motel
n. Commercial parking lot.
o. Commercial parking garage.
2. High-intensity lighting in the parking lot shall properly illuminate it without spilling onto adjacent
properties. (previously approved by CZ-06-1140)
3. Sidewalks and landscaping shall be provided along the Covington Highway right-of-way. (previously
4.
5.
approved by CZ-06-1140)
Mature trees that are located within the required transitional buffers along the south and west property
lines shall be preserved. (previously approved by CZ-06-1140)
A solid fence with a minimum height of six feet shall be installed along the west property line. (previously
approved by CZ-06-1140)
Support/Representation: Tracey Roddy, Clarence Brantley
Oppose/Representation: Don Best
MOTION: M. Butts moved, T. Snipes seconded for approval as recommended and conditioned by staff. The
motion passed 6-0-1. V. Moore abstained.
Adjourn:
It was moved to adjourn at 12:20 a.m.
_______________________________________
Marian Eisenberg, Zoning Administrator
________________________________________
LaSondra Holston, PCA