File #: 2024-0633    Version: 1 Name:
Type: Ordinance Status: Preliminary Item
File created: 5/7/2024 In control: Board of Commissioners - Zoning Meeting
On agenda: 3/27/2025 Final action: 3/27/2025
Title: COMMISSION DISTRICT(S): Commission District 03 Super District 07 Application of Cultivate Community c/o Battle Law, P.C. to rezone property from R-100 (Residential Medium Lot-100) zoning district to RSM (Small Lot Residential Mix) zoning district to allow for the construction of up to sixty-four (64) single-family, attached dwellings, at 5370, 5384 and 5378 Flat Shoals Parkway.
Attachments: 1. Z-24-1247008 March 2025 Staff Report 5370, 5384 & 5378 Flat Shoals Pkwy, 2. Z-24-1247008 Nov BOC 2024 Staff Report 5370, 5384, & 5378 Flat Shoals Pkwy, 3. Z-24-1247008 July BOC 2024 Staff Report 5370.5384.5378 Flat Shoals Pkwy

                                    

Public Hearing:  YES      NO                                                   Department: Planning & Sustainability                                     

 

SUBJECT:

Title
COMMISSION DISTRICT(S): Commission District 03 Super District 07

Application of Cultivate Community c/o Battle Law, P.C. to rezone property from R-100 (Residential Medium Lot-100) zoning district to RSM (Small Lot Residential Mix) zoning district to allow for the construction of up to sixty-four (64) single-family, attached dwellings, at 5370, 5384 and 5378 Flat Shoals Parkway.

Body

PETITION NO: D2-2024-0633  Z-24-1247008

PROPOSED USE: Up to sixty-four (64) single-family, attached dwellings.

LOCATION: 5370, 5384, and 5378 Flat Shoals Parkway, Decatur, Georgia 30034

PARCEL NO. : 15 066 01 062, 15 066 01 012, 15 066 01 011

INFO.  CONTACT: Adam Chappell, Sr. Planner

PHONE NUMBER: 404-371-4922

 

PURPOSE:

Application of Cultivate Community c/o Battle Law, P.C. to rezone property from R-100 (Residential Medium Lot-100) zoning district to RSM (Small Lot Residential Mix) zoning district to allow for the construction of up to sixty-four (64) single-family, attached dwellings.

 

 

RECOMMENDATION:

Recommended Action

COMMUNITY COUNCIL: (Feb. 2025) Denial.  (Oct. 2024) Denial.  (June 2024) Two-cycle deferral.

 

PLANNING COMMISSION: (March 4, 2025) Withdrawal without prejudice.  (Nov. 7, 2024) Two-cycle deferral.  (July 11, 2024) Two-cycle deferral.

 

PLANNING STAFF: (March 4, 2025) Withdrawal without Prejudice.  (Nov. 2024) Full-Cycle Deferral.

 

STAFF ANALYSIS: The applicant requested to withdraw this application on February 12, 2025 (see attached request). Therefore, the Planning and Sustainability Department recommends a “Withdrawal Without Prejudice” of this application.

 

PLANNING COMMISSION VOTE: (March 4, 2025) Withdrawal without Prejudice 7-0-0.  Jon West moved, LaSonya Osler seconded for withdrawal without prejudice, per Staff’s recommendation and the Applicant’s request. Winton Cooper was not present for this vote.  (Nov. 7, 2024) Two-cycle deferral 6-0-0.  Jan Costello moved, Jana Johnson seconded for a two-cycle deferral to the March 2025 zoning agenda.  (July 11, 2024) Two-cycle deferral 6-0-0.  Jan Costello moved, Jana Johnson seconded for a two-cycle deferral to the November 2024 zoning agenda.

 

COMMUNITY COUNCIL VOTE/RECOMMENDATION(February 2025) Denial 10-0-0.  (October 2024) Denial 4-1-2.  (June 2024) Two-cycle deferral (9-2-0) to allow for the following: 1. Applicant shall hold another community meeting to narrow down the list of concerns and use Google Earth to verify that correct addresses are being notified.  2. Contact GDOT and DeKalb County Transportation department regarding input on safety issues related to the proposed road entrance off of Flat Shoals Parkway (DeKalb Co. Transportation Department provides Current Planning with comments regarding this application).  3. Verify that there are no school capacity issues with the Board of Education ((DeKalb Co. Schools provides Current Planning with comments regarding this application).  4. Clarify if the proposed units will be rentals or fee-simple ownership.