Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 03 Super District 07
Application of Pinewood 383, LLC c/o Nyalls Carlton for a Special Land Use Permit (SLUP) to allow for a personal care home for up to six (6) individuals in the R-100 (Residential Medium Lot-100) zoning district, at 3600 Preakness Drive.
Body
PETITION NO: N9-2025-0632 SLUP-25-1247522
PROPOSED USE: Personal care home, for up to six (6).
LOCATION: 3600 Preakness Drive, Decatur, Georgia 30034
PARCEL NO. : 15 101 07 005
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Pinewood 383, LLC c/o Nyalls Carlton for a Special Land Use Permit (SLUP) to allow for a personal care home for up to six (6) individuals in the R-100 (Residential Medium Lot-100) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (June 2025) Denial.
PLANNING COMMISSION: (July 8, 2025) Denial.
PLANNING STAFF: (July BOC 2025) Denial_updated 07.15.2025.
STAFF ANALYSIS: The applicant, Pinewood 383, LLC c/o Nyalls Carlton, is seeking Special Land Use Permit (SLUP) to allow a personal care home for up to six (6) individuals in the R-100 (Residential Medium Lot-100) zoning district. The PCH, Preakness Care, provides 24/7 supervision for five (5) cognitively healthy seniors who may seek assistance with daily needs and care (meal preparation, medication assistance, etc.). The site plan submitted to Staff displays a primary structure consisting of six (6) bedrooms, providing sufficient housing for the five (5) adult residents. The subject site is within a SUB (Suburban) Character Area. SUB Character Area encourages innovative housing types to increase housing choice and income diversity without significantly altering established neighborhood development patterns (2050 Unified Plan, Pg. 41). However, Community Council 3 denied the application due to community opposition. It appears a PCH may be incompatible with the established residential character of this neighborhood, which would not support the intent of the SUB Character Area. Staff has updated the recommendation from Approval with Conditions to denial of the PCH due to noncompliance with permitting and inspection requirements. According to the inspection report submitted and reviewed by the Deputy Director of Code Compliance, the Applicant has conducted exterior modifications, including window installation and interior alterations, without first obtaining the necessary building permits. This failure to follow required procedures raises significant concerns, particularly given the intended use of the property. Until the applicant demonstrates the ability to comply with County regulations and obtain all required permits and approvals, Staff does not support the use of this site as a licensed PCH. The application has met Supplemental Regulations of Section 4.2.41 Personal care homes and child caring institutions. However, it should be noted that the subject site is within substantial proximity (approximately 1,028 feet) to another PCH located at 2811 Blue Grass Lane. One Thousand (1,000) feet is the minimum distance requirement between PCH. Additionally, specific criteria from Section 7.4.6 SLUP Criteria (A-N) do not appear to be satisfied: F. Whether the proposed use will create adverse impacts upon any adjoining land use by reason of the manner and hours of operation of the proposed use. H. Whether the proposed use is consistent with, advances, conflicts, or detracts from the policies of the comprehensive plan. N. Whether the proposed use would be consistent with the needs of the neighborhood or the community, as expressed and evidenced during the review process. The proposed PCH does not appears to meet all Zoning Ordinance requirements, per Section 7.4.6 (A-N) specifically F, H, and N. Therefore, Staff recommends “Denial” per Section 7.4.6 (A-N).
PLANNING COMMISSION VOTE: (July 8, 2025) Denial 8-0-0. Commissioner Costello moved, Commissioner West seconded for denial of this application. Commissioner Moore was not present for this vote.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (June 2025) Denial 9-0-0.