Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 03 Super District 07
Application of Shamia Glover to rezone property from R-100 (Residential Medium Lot-100) to RSM (Residential Small Mix) zoning district to allow a child daycare center for more than six children, at 4493 Flakes Mill Road.
Body
PETITION NO: N7-2025-1626 Z-26-1247827
PROPOSED USE: Child daycare center.
LOCATION: 4493 Flakes Mill Road (4400 River Road), Ellenwood, Georgia 30294
PARCEL NO.: 15 029 01 171
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Shamia Glover to rezone property from R-100 (Residential Medium Lot-100) to RSM (Residential Small Mix) zoning district to allow a child daycare center for more than six children.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (Dec. 2025) Approval with conditions.
PLANNING COMMISSION: (Jan. 6, 2026) Pending.
PLANNING STAFF: Approval with Conditions.
STAFF ANALYSIS: The applicant is requesting a rezoning from R-100 (Residential Medium Lot-100) to RSM (Residential Small Mix) to operate a child daycare center serving more than six (6) children. The R-100 zoning district only permits daycare centers with up to 6 children (as a SLUP), requiring a rezoning for up to twelve (12). In addition to rezoning, because the proposed use exceeds the 4-6 child threshold, the applicant must also submit a companion Special Land Use Permit (SLUP-26-1247841) Application to operate the daycare center in a residential zoning district. The Applicant is seeking to have a maximum of 12 children between one (1) and four (4) years old. The subject site appears to meet the dimensional standards of the RSM zoning district, including standards such as minimum lot size, setbacks, heated floor area, and lot coverage. The property is currently zoned R-100, but nearby RSM districts approximately 880 feet to the south may provide a precedent for additional development flexibility in the immediate vicinity. The proposed rezoning is consistent with the SUB (Suburban) Character Area, which supports expanded services and increased housing density in appropriately zoned areas (Pg. 41, 2050 Unified Plan). The subject site is located at a busy intersection of two minor arterials (Flakes Mill Road and River Road) and appears to have adequate traffic capacity to accommodate the proposed daycare center. Transportation Division comments (enclosed) state designation of ingress and egress of the “U” shape driveway may improve traffic flow. The site is well-positioned for a childcare use being in an emerging institutional node that includes an elementary school, fire station, public library, MARTA bus stop, and community park space less than one (1) mile from the subject site. The proposed use may generate some additional traffic and noise but will not produce smoke, odor, dust, or vibration, allowing it to remain compatible with surrounding land uses. The Applicant has provided approaches to minimize potential congestion concerns by proposing fifteen (15) minute drop off and pick up windows for two (2) families at a time. The facility will operate Monday through Friday from 7:30 AM to 6:00 PM and will employ one (1) owner/Director (the Applicant), one (1) full-time teacher, and two (2) part-time Staff Members, with three (3) Staff Members present at any given time. No adverse impacts are expected outside of operating hours. Intergovernmental Review indicates that public services, facilities, and utilities are adequate to support the proposed use, and the applicant has provided documentation confirming that the property is connected to the county sewer system (required for over 6 children). The site has two access points on Flakes Mill Road, a minor arterial, via a circular driveway. While circular driveways are not permitted within DeKalb County, the DeKalb Transportation Department has noted the existing configuration provides safe and efficient ingress and egress and is adequate to prevent traffic congestion. The daycare center proposal satisfies all Supplemental Regulations (Section 4.2.19) for a Child daycare center SLUP, including maintaining a 1,000-foot distance from other daycare centers. In conclusion, the proposed rezone to operate a daycare meets most of the zoning ordinance requirements (addressed through conditions), advances the goals of the comprehensive plan, and addresses the needs of the neighborhood and broader community. Therefore, upon review of Section 7.3.5 (Rezone criteria), staff recommends "Approval with Conditions."
PLANNING COMMISSION VOTE: (January 6, 2026) Pending.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (December 2025) Approval (9-0-0) with the following conditions (9-0-0): 1) The use shall be limited to a single-family residential and daycare, with a maximum of twelve (12) children; 2) Operational hours shall be 6:00 a.m. - 7:00 p.m.; and 3) There shall be a 24-month sunset clause to allow the Applicant to come back for review and renewal.