Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 04 Super District 06
Application of Scope Builders, LLC c/o Battle Law, P.C. for a Special Land Use Permit (SLUP) to allow a drive-through facility for a pharmacy (in conjunction with a convenience store and retail) in an activity center (Town Center) character area in the C-1 (Local Commercial) zoning district, at 3820 and 3828 North Decatur Road.
Body
PETITION NO: N5-2026-0142 SLUP-26-1247928
PROPOSED USE: Pharmacy drive-through, in conjunction with a convenience store & retail.
LOCATION: 3820 & 3828 North Decatur Road, Decatur, GA 30032
PARCEL NO. : 18 012 10 004; 18 012 10 003
INFO. CONTACT: Adam Chappell, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Scope Builders, LLC c/o Battle Law, P.C. for a Special Land Use Permit (SLUP) to allow a drive-through facility for a pharmacy (in conjunction with a convenience store and retail) in an activity center (Town Center) character area in the C-1 (Local Commercial) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (Feb. 2026) Denial.
PLANNING COMMISSION: (March 3, 2026) Denial.
PLANNING STAFF: (March 2026) Denial.
STAFF ANALYSIS: This application is a companion case to Z-26-1247929 and SLUP-26-1247927. The applicant requests a Special Land Use Permit (SLUP) for a drive-through facility for a pharmacy (in conjunction with a convenience store and retail) in an activity center (Town Center) character area in the C-1 (Local Commercial) zoning district. The subject property is currently located in an NS (Neighborhood Shopping) zoning district, which does not permit drive through facilities by-right. At minimum, a rezoning to a C-1 zoning district would be required; in addition, all drive-through facilities located in an activity center (the properties are located in a Town Center (TC) character area) require an associated SLUP granted by the Board of Commissioners. The existing drive-through facility appears to pre-date this requirement and would be considered legal nonconforming, subject to Article 8 of the Zoning Ordinance. A SLUP application is required for a change of ownership in this circumstance. Per the DeKalb County 2050 Unified Plan, “the intent of the Town Center is to promote the concentration of higher intensity residential and commercial uses, which serve several communities surrounding the center, in order to reduce automobile travel, promote walkability, and increase transit usage” (Dekalb County 2050 Unified Plan, pg. 33). This character area is second only to Regional Center (RC) character areas in terms of size, scope and intensity, and like RC character areas, encourages new development to be pedestrian-oriented at street level. The Unified Plan also states that “the edge of the [Town Center] should serve as a transition zone, buffering more intense uses in the core from adjacent single-family neighborhoods and other uses outside the [Town Center’s] boundaries” (DeKalb County 2050 Unified Plan, pg. 33). The properties are physically restricted by their lack of relative depth and the requirement for a 50-foot transitional buffer adjacent to the residential properties zoned R-75 to the north. The existing drive-through may be partially nonconforming with respect to Section 27-4.2.23. and Section 27-6.1.3. (specifically with respect to maneuverability). The proposed conversion of the main structure into a shopping center would require at least one (1) loading space, which must be screened from view of any ROW, per Section 27-6.1.14. of the Zoning Ordinance. This does not appear to be taken into consideration on the site plan, and the lack of a loading space would require a variance from the Zoning Board of Appeals (ZBA) or a change to the site plan (which would likely be in the area of the drive-through). An existing dumpster is located near the lanes of the existing/proposed drive-through, which may not be sufficient for Sanitation (Section 27-7.4.6. (I)). While Staff typically favors “adaptive re-use" of existing buildings and sites, the decision to utilize the existing building footprint may impede a more flexible and pedestrian-oriented design that could visibly enhance the corridor while also complying with modern Code requirements. Staff has previously supported some drive-through facilities in activity centers when said facilities 1) have already existed on-site to some extent, and 2) when the development of the sites have led to substantial improvements in landscaping, streetscaping, and pedestrian accessibility, and 3) when the sites have been located at the edge of an activity center. Although small improvements are proposed to be made to the streetscape zones in County Right-of-Way (ROW) along the properties’ frontages on North Decatur Road and North Indian Creek Road, these proposals may not be adequate to advance the TC character area’s goals (particularly in light of possible adverse impacts on adjacent single-family subdivisions) and there are no substantial changes around the existing drive-through structure and lanes (Section 27-7.4.6. (H)). At the Community Council District 4 meeting held on February 17, 2026, there was significant opposition from the community members present as well as from members of Community Council, who echoed the above concerns and voted unanimously to recommend Denial of the application request (Section 27-7.4.6. (N)). Therefore, upon review of the criteria set forth in Section 27-7.4.6. of the Zoning Ordinance, the Planning and Sustainability Department recommends “Denial” of the subject request for a Special Land Use Permit (SLUP).
PLANNING COMMISSION VOTE: (March 3, 2026) Denial 5-2-0. Motion was made by Commissioner Osler, seconded by Commissioner Costello for denial, per Staff recommendation. Commissioner Murphy and Commissioner Patton opposed.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (February 2026) Denial 10-0-0.