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File #: 2024-1496    Version: 1 Name:
Type: Ordinance Status: Preliminary Item
File created: 11/13/2024 In control: Board of Commissioners - Zoning Meeting
On agenda: 5/22/2025 Final action:
Title: COMMISSION DISTRICT(S): Commission District 03 Super District 06 Application of Architectural Standard, LLC c/o Battle Law, P.C. for a major modification of zoning conditions pursuant to CZ-17-21564 for a mixed-use development in the MU-4 (Mixed-Use High Density) zoning district and Tier 2 of the I-20 Overlay District, at 4015 Flat Shoals Parkway.
Attachments: 1. CZ-25-1246771 May 2025 Staff Report 4015 Flat Shoals Pkwy, 2. CZ-25-1246771 Jan. 2025 Staff Report 4015 Flat Shoals Pkwy

                                   

Public Hearing:  YES      NO                                                   Department: Planning & Sustainability                                     

 

SUBJECT:

Title
COMMISSION DISTRICT(S): Commission District 03 Super District 06

Application of Architectural Standard, LLC c/o Battle Law, P.C. for a major modification of zoning conditions pursuant to CZ-17-21564 for a mixed-use development in the MU-4 (Mixed-Use High Density) zoning district and Tier 2 of the I-20 Overlay District, at 4015 Flat Shoals Parkway.

Body

 

PETITION NO: D1-2024-1496  CZ-25-1246771

PROPOSED USE: Modify zoning conditions to allow a mixed-use development.

LOCATION: 4015 Flat Shoals Parkway, Decatur, Georgia 30034

PARCEL NO. : 15 090 01 021

INFO.  CONTACT: Adam Chappell, Sr. Planner

PHONE NUMBER: 404-371-2155

 

PURPOSE:

Application of Architectural Standard, LLC c/o Battle Law, P.C. for a major modification of zoning conditions pursuant to CZ-17-21564 for a mixed-use development in the MU-4 (Mixed-Use High Density) zoning district and Tier 2 of the I-20 Overlay District.

 

RECOMMENDATION:

Recommended Action

COMMUNITY COUNCIL: (April 2025) Approval.  Dec. 2024) Full cycle deferral.

 

PLANNING COMMISSION: (May 6, 2025) 30-Day Deferral.  (Jan. 2025) Two-Cycle Deferral.

 

PLANNING STAFF: 30-Day Deferral.

 

STAFF ANALYSIS: The subject property is currently located in the MU-4 (Mixed-Use High Density) Zoning District, Tier 2 of the Interstate 20 Corridor Compatible Use (I-20) Overlay District, and the Soapstone Historic District. The property is one of several that was subject to numerous studies and public hearings, beginning with a Development of Regional Impact (DRI) study that was undertaken by the Atlanta Regional Commission (ARC) in 2008. (Full Zoning, Land Use, and Site history of the subject properties on attached staff report.) The applicant, Architectural Standard LLC c/o Battle Law P.C., is seeking a major modification of conditions of CZ-17- 21564 approved by the Board of Commissioners in 2017 (which itself was a modification of CZ-12-18064 approved by the Board of Commissioners in 2012), to construct a mixed-use development. The site plan associated with this request, dated November 1, 2024, largely deviates from the conceptual plan associated with both cases (prepared by Hughes, Good, O’Leary, and Ryan, Inc., and dated July 24, 2008) in terms of building form, layout of internal streets, and the concentration and type of land uses. The original plan associated 2012 rezoning contained a larger number of multi-story residential structures that were focused around areas of enhanced open space; however, much of the commercial aspect of the development appeared to be laid out in a manner that was/is commonplace in traditional suburban shopping centers, including the separation of commercial uses from residential uses and the provision of outparcel development that could allow for drive-through facilities. The current site plan shows a notable reduction in the amount of commercial space provided, proposing 36,200 square feet of space allocated for medical office, restaurant, and retail uses, which includes existing medical office space that is currently under construction as a result of LDP# 1246836. This figure is compared to the 143,000 square feet proposed in 2008. Per the applicant, this reduction is due to shifts in market demand for such uses. A total of 666 dwelling units are proposed with the current proposal, a modest decrease from the 681 units proposed in 2008. This figure includes the approximately 406 dwelling units that have since been constructed as a result of LDP #1245673 and LDP #1245246. The site plan shows a larger variety of housing stock that includes single-family attached dwellings (townhomes) and single-family detached cottage dwellings. Per Table 1, the site plan does not call out the number of cottage dwellings, however, and only calls out 66 attached dwellings and 260 additional “multifamily housing” units. With a proposed density of approximately 8 to 9 residential units per acre, the proposal is to be developed at a density that is less than the maximum supported density within the Neighborhood Center (NC) Character Area (40 units per acre) and Tier 2 of the I-20 Overlay (60 units per acre). The intent of the NC Character Area is “to promote a concentration of clustered residential and commercial uses that serve the goods and service needs of a few surrounding, local neighborhoods. These areas and their allowed uses complement the smaller scale character of nearby neighborhoods while reducing automobile travel and promote walkability and increased transit usage with a concentration of activities including retail, neighborhood commercial, professional office, moderate density housing, and public open space that are all easily accessible by pedestrians” (DeKalb County 2050 Unified Plan pg. 35). While the proposed density is far less than what the NC Character Area would typically support, it should be noted that “Neighborhood Centers are often the smallest Activity Centers in terms of size and scale”(DeKalb County 2050 Unified Plan pg. 35), and that the proposed number of residential dwellings does not significantly deviate from the original proposal in 2008. The reduction in large-scale retail development has been replaced by a potentially more diverse housing stock, fulfilling the intent of the Character Area to provide a transition in the intensity of uses and from higher to lower building heights. Due to existing construction that was largely associated with the 2012 site plan/layout of CZ-12-18064 favoring separation and outparceling of commercial development, much of the higher density is proposed toward the center of the development site, which may not meet the intent of the Character Area. New commercial development and some dwelling units are oriented closer to Clifton Springs Road, which provide some semblance of pedestrian- and street-oriented development. Any future development that would manifest along Clifton Springs Road and Flat Shoals Parkway would be required to meet the streetscaping requirements specific to the I-20 Overlay District, which call for a 20-foot streetscape in County Right-of-Way (ROW), consisting of a ten (10)-foot sidewalk and 10 (ten)-foot landscape strip with street-level pedestrian lights and street trees. Internally, new streets would be required to meet public street standards and provide streetscaping elements on both sides from back of curb. The conditioning of maximum setbacks to supplement minimum front, side, and rear yard setbacks in the I-20 Overlay District would be a potential measure to ensure future development is pedestrian- and street-oriented. Portions of open space preserved along the western and southern periphery of the development site are within existing floodplains and the proposed development seems to avoid these areas or utilize them for active recreation (an athletic field and walking trails are shown). Due to the age of the original DRI study and the changes in the proposed site plan from the original, the ARC required that a new DRI study be conducted. The conclusion of this review (DRI #4109) was that the proposal appears to “somewhat align” with Established Suburbs policy recommendations, with its main causes for concern being the orientation of certain structures and an incomplete sidewalk network. The site plan submitted for the DRI request is an older version of the current site plan and shows additional townhome units instead of cottage dwellings and an alternative layout of buildings. While the comments regarding building location and orientation are important, these can be addressed by potential zoning conditions. From a land-use perspective, Staff is supportive of the applicant’s request to reduce and re-orient non-residential spaces to create a more diverse housing stock. There are, however, additional comments made by the Georgia Regional Transportation Authority (GRTA) included with the ARC’s report that warrant further review; several site and infrastructure improvements to better regulate pedestrian and vehicular traffic are proposed. Updated information on the site plan and an updated letter of intent have also been requested by Staff as these documents have both undergone several iterations since the original submittal. This will help to confirm that any potential conditions of zoning are not overly restrictive while ensuring that said development is supportive of the intent of the Neighborhood Center Character Area and I-20 Overlay District. Therefore, it is the recommendation of the Planning and Sustainability Department that a 30-Day Deferral to the June 24, 2025 BOC a.m. meeting, for public hearing” be granted to this application request to finalize conditions with the applicant.

 

PLANNING COMMISSION VOTE: (May 6, 2025) 30-Day Deferral 6-0-0. Commissioner Moore moved, Commissioner Osler seconded for a 30-day deferral, per Staff recommendation.  (January 7, 2025) Two-Cycle Deferral 9-0-0.  Vivian Moore moved, Jana Johnson seconded for a two-cycle deferral to the May 2025 zoning agenda, per Staff recommendation.

 

COMMUNITY COUNCIL VOTE/RECOMMENDATION(April 2025) Approval 5-4-0. (Dec. 2024) Full cycle deferral 7-0-0.