Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): 2 and 6
Application of Vipin Bhimji 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 the development of single-family homes, at 3430 N. Druid Hills Road.
Body
PETITION NO: N4-2026-1263 Z-26-1248243
PROPOSED USE: Single-family homes development.
LOCATION: 3430 North Druid Hills Road, Decatur, GA 30033
PARCEL NO. : 18 113 12 001
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Vipin Bhimji 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 the development of single-family homes.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (Oct. 2026) Denial.
PLANNING COMMISSION: (Nov. 5, 2026) Pending.
PLANNING STAFF: Approval.
STAFF ANALYSIS: The applicant is requesting a rezoning from the R-100 (Residential Medium Lot-100) zoning district to the RSM (Small Lot Residential Mix) zoning district to develop four (4) single-family dwelling units. The subject property is a vacant, irregularly shaped lot located within an established residential neighborhood and is proposed to be served by a single access point. The property’s northeastern boundary abuts the Seaboard Airline Railroad, while a floodplain affects a majority of the northern portion of the site. Under the existing R-100 zoning classification, development is limited to one (1) dwelling unit per lot. Therefore, the proposed rezoning is necessary to accommodate the 4-unit infill development, which would result in a proposed density of approximately 2.8 dwelling units per acre. The Suburban (SUB) Character Area encourages small-scale infill housing at densities up to eight (8) units per acre and expansion of housing options while maintaining established neighborhood development patterns. As proposed, the 4-unit development supports this intent and provides a transition between University Heights Subdivision and a multifamily development just south of the site. The subject site is situated between R-75 and MR-2 zoning districts, making the proposed RSM district a transitional zoning/parcel that creates incremental density (up to 4 units per acre). The proposal appears to meet RSM requirements outlined in Section 2.11.2 (Medium and High-Density Residential District Dimensional Requirements). However, both the irregular lot shape and South Fork Peachtree Creek flood zone constrain buildable area and may necessitate variances, specifically units 3 and 4 may be most impacted by the 50-foot stream buffer and applicable lot standards (minimum 5,000 sq ft lot size, 50-foot lot width, 3-foot side and 10-foot rear yard setbacks, and 10-feet required between buildings). The required 20-foot transitional buffer adjoining R-75 zoning (Section 5.4.5- Transitional Buffers) is not shown on the site plan labeled “RZ-1 Zoning,” dated May 2, 2025. Access is proposed through an unimproved, unnamed right-of-way along the eastern property line connecting to Willivee Drive within the University Heights Subdivision, its suitability will depend on access, environmental constraints, and applicable road standards. Interdepartmental comments also require further drainage assessment and possibly a detention pond (not provided). The proposed rezoning supports the SUB Character Area’s intent to encourage small-scale infill housing and expand housing options while maintaining established neighborhood development patterns. At approximately 2.9 units per acre, the four-unit development provides an appropriate transition between the University Heights Subdivision and the multifamily development to the south. Staff notes that several site design items identified in this analysis are regulated by existing requirements of Chapter 27 (Zoning) and Chapter 14 (Land Development) and will be addressed during the development review process. Prior to the issuance of a land disturbance permit and/or building permit, the applicant will be required to demonstrate compliance with these requirements, including but not limited to: the 20-foot transitional buffer adjoining R-75 zoning (Section 5.4.5); stormwater management and drainage, including any required detention facilities; access improvements meeting County road standards; applicable stream buffer and floodplain regulations; variances, and building elevations (Section 27- 2.2.1). Any relief from these standards, including variances affecting proposed lots 3 and 4, would require separate approval and is not granted by this rezoning. Based on review of all criteria under Section 27-7.3.5, Staff recommends that this application be “Approved”.
PLANNING COMMISSION VOTE: (November 5, 2026) Pending.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (Oct. 2026) Denial (11-1-0) for the following reasons: 1) Proposal is an infill development that is incompatible with & does not protect the surrounding neighborhood; 2) Applicant presented no detailed site plan; 3) There is not enough concrete information provided to satisfy the rezoning request.