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File #: 2025-0283    Version: 1 Name:
Type: Ordinance Status: Preliminary Item
File created: 2/19/2025 In control: Board of Commissioners - Zoning Meeting
On agenda: 5/22/2025 Final action:
Title: COMMISSION DISTRICT(S): Commission District 05 Super District 07 Application of Hybrass Properties, LLC c/o Battle Law P.C. to rezone properties from MU-1 (Mixed-Use Low Density) zoning district to RSM (Small Lot Residential Mix) zoning district to allow for the development of 149 single-family homes, at 1619 Pleasant Hill Trail and 7850 Pleasant Hill Road.
Attachments: 1. Z-25-1247358 May 2025 Staff Report 1619 Pleasant Hill Trl & 7850 Pleasant Hill Rd

                                    

Public Hearing:  YES      NO                                                   Department: Planning & Sustainability                                     

 

SUBJECT:

Title
COMMISSION DISTRICT(S): Commission District 05 Super District 07

Application of Hybrass Properties, LLC c/o Battle Law P.C. to rezone properties from MU-1 (Mixed-Use Low Density) zoning district to RSM (Small Lot Residential Mix) zoning district to allow for the development of 149 single-family homes, at 1619 Pleasant Hill Trail and 7850 Pleasant Hill Road.

Body

 

PETITION NO: N1-2025-0283  Z-25-1247358

PROPOSED USE: Single-family homes.

LOCATION: 1619 Pleasant Hill Trail; 7850 Pleasant Hill Road, Lithonia, Georgia 30058

PARCEL NO. : 16 197 02 009 & 16 220 01 001

INFO.  CONTACT: Adam Chappell, Sr. Planner

PHONE NUMBER: 404-371-2155

 

PURPOSE:

Application of Hybrass Properties, LLC c/o Battle Law P.C. to rezone properties from MU-1 (Mixed-Use Low Density) zoning district to RSM (Small Lot Residential Mix) zoning district to allow for the development of 149 single-family homes.

 

 

RECOMMENDATION:

Recommended Action

COMMUNITY COUNCIL: (April 2025) Approval with a condition.

 

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

 

PLANNING STAFF: Two-Cycle Deferral.

 

STAFF ANALYSIS: The applicant requests a rezoning of the subject properties from the MU-1 (Mixed-Use Low Density) Zoning District to the RSM (Small Lot Residential Mix) Zoning District to allow for of a major subdivision of up to 149 single-family detached dwellings. The subject properties, comprising approximately 54.02 acres, are part of a larger grouping of properties that were rezoned in 2007 to the now-defunct PCD Zoning District as a result of CZ-07-12945. The current zoning designation is a result of the adopted 2015 Zoning Ordinance rewrite. The properties are adjacent to and were originally intended to be developed with properties to the west that comprise what is now known as the “Creekside Village” mixed-use development. At the time of this analysis, several phases of “Creekside Village” have been either completed or are under construction. The properties are located within a Neighborhood Center (NC) Character Area, which encourages “compact residential development in mixed-use projects” that “complement the smaller scale character of nearby neighborhoods” per the Dekalb County 2050 Unified Plan. The rezoning request would result in lots that would serve as a transition in housing stock, density, and height, from single-family attached dwellings (townhomes) to the west and larger single-family detached lots to the south and east. The request would also eliminate the mixed-use requirement that is currently imposed by the MU-1 Zoning District. Currently, at least ten (10) percent of the cumulative floor area of the development site would be required to be dedicated to non-residential uses; the original PCD zoning did not have a minimum non-residential component. The conceptual site plan associated with CZ-07-12945 indicates that the area that is now the subject properties was always intended to be developed as a subdivision of single-family detached dwellings. The irregularity, narrowness, topography, and existing features (such as State Waters) that traverse the site make it difficult for the site to be developed as part and in the form of an interconnected grid. Nevertheless, there are some proposed intersecting streets in the center of the development site, and the creation of a block in the southeastern portion of the site, that includes an area allocated to function as enhanced open space. A total of 20 percent of the development site is required to consist of open space, of which 50 percent (or ten (10) percent of the overall development site) shall be enhanced open space. Per the site plan, portions of wetlands and stream buffers are intended to provide a system of walking trails. The minimum open space requirements appear to be met, but there are concerns that some of the areas identified as open space consist of steep slopes (1:2 feet). Per Section 5.5.3. of the Zoning Ordinance, no more than 50 percent of the minimum open space provided shall be in areas designated as floodplain, wetlands, steep slopes, streams and buffers. A total of three (3) access points are proposed that would connect the site with adjacent developments. Two (2) are located near the western portion of the proposed development site, connecting the subject properties with the “Piedmont Trace” subdivision to the south and the larger “Creekside Village” to the west. A third connection provides access to the properties associated with a concurrent application (CZ-25-1247294) to the southeast. As with the site plan associated with CZ-25- 1247294, this interconnectivity allows for a layout that veers from traditional subdivision designs that are historically more insulated. As with CZ-25-1247294, there have been Staff and community concerns that the number of access points in and out of the development site may not be sufficient in relation to the number of units proposed and may create traffic concerns both external and internal to the developments. Although the minimum number of access points appears to be met per Section 14-200. of the Land Development Code, the proposal would likely trigger a traffic impact study if the subject request and concurrent application are enforced as separate phases within a larger development. Individually, the proposals fall short of the 200-unit-minimum threshold for a study per Section 5.3.4. of the Zoning Ordinance; together, however, this requirement is triggered. Connectivity, while desirable from an urban design perspective, may potentially result in some portions of internal streets bearing a traffic load that is higher than that of typical local streets and closer to those seen by collector roads; new subdivisions with frontage on collector roads or arterials are required to have lots facing internal local streets as opposed to said collector roads or arterials. In addition to a likely traffic impact study, the area that is now “Creekside Village” as well as the subject properties were part of a DRI review in 2007 (DRI #632). The age of the review, as well as the connection with and partial integration of the proposals with the larger “Creekside Village”, have been determined by the Atlanta Regional Commission (ARC) to require a new Development of Regional Impact (DRI) to be submitted and reviewed. From a land use perspective, the proposed rezoning of the subject properties would result in development that is largely unchanged from the conceptual plans for the site associated with CZ-07-12945, and the density would serve as a proper transition between existing/proposed densities that is supported along the periphery of a Neighborhood Center (NC) Character Area. While the proposal does not necessarily promote walkability and increased transit usage, this is largely due to the physical restraints of the properties. However, the aforementioned access/traffic concerns and procedural requirements raised by both County and ARC Staff necessitate additional information be provided. Therefore, the Planning and Sustainability Department recommends a “Two-Cycle Deferral to the September 2025 zoning agenda” of this application request to allow for these procedural requirements to be followed and for additional changes to the proposal that may result.

 

PLANNING COMMISSION VOTE: (May 6, 2025) Two-Cycle Deferral 6-0-0. Jan Costello moved, Edward Patton seconded for a two-cycle deferral to the September 2025 zoning agenda, per Staff recommendation.

 

COMMUNITY COUNCIL VOTE/RECOMMENDATION: (April 2025) Approval with a condition (6-0-0) that the residents surrounding the property must be notified of any blasting that may occur in advance and informed of the name of the company hired to do the blasting.