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File #: 2025-1620    Version: 1 Name:
Type: Ordinance Status: Preliminary Item
File created: 10/29/2025 In control: Board of Commissioners - Zoning Meeting
On agenda: 1/22/2026 Final action:
Title: COMMISSION DISTRICT(S): Commission District 04 Super District 06 Application of EcoSlay, LLC c/o Battle Law, P.C. to rezone property from MR-1 (Medium Density Residential-1) zoning district to C-1 (Local Commercial) zoning district for a general business office and commercial greenhouse, at 3792 Memorial College Drive.
Attachments: 1. Z-26-1247832 (2025-1620) Jan 2026 BOC Recommended Conditions, 2. Z-26-1247832 Jan. 2026 BOC Staff Report 3792 Memorial College Dr., 3. Z-26-1247832 Jan. 2026 PC Staff Report 3792 Memorial College Dr.

                                    

Public Hearing:  YES      NO                                                   Department: Planning & Sustainability                                     

 

SUBJECT:

Title
COMMISSION DISTRICT(S): Commission District 04 Super District 06

Application of EcoSlay, LLC c/o Battle Law, P.C. to rezone property from MR-1 (Medium Density Residential-1) zoning district to C-1 (Local Commercial) zoning district for a general business office and commercial greenhouse, at 3792 Memorial College Drive.

Body

 

PETITION NO: N1-2025-1620  Z-26-1247832

PROPOSED USE: Business office and commercial greenhouse.

LOCATION: 3792 Memorial College Drive, Clarkston, Georgia 30021

PARCEL NO. : 18 067 02 032

INFO.  CONTACT: Andrea Folgherait, Sr. Planner

PHONE NUMBER: 404-371-2155

 

PURPOSE:

Application of EcoSlay, LLC c/o Battle Law, P.C. to rezone property from MR-1 (Medium Density Residential-1) zoning district to C-1 (Local Commercial) zoning district for a general business office and commercial greenhouse

 

 

RECOMMENDATION:

Recommended Action

COMMUNITY COUNCIL: (Dec. 2025) Approval.

 

PLANNING COMMISSION: (Jan. 6, 2026) Approval with a condition.

 

PLANNING STAFF: Approval with Conditions_rev. 01.14.2026.

 

STAFF ANALYSIS: The Applicant is seeking a rezoning from MR-1 (Medium Density Residential-1) zoning district to C-1 (Local Commercial) zoning district for a general business office and commercial greenhouse. The Applicant grows organic herbs to produce and assemble hair care products at a small scale. Previously the subject site was child daycare. The Applicant will use the existing building as is with no interior or exterior renovations proposed. The subject site falls within a Town Center (TC) Character Area calling for high density, mixed-use, pedestrian focused land uses (Pg 33. 2050 Unified Plan). Based on the materials submitted, Staff finds that the proposal could be better aligned with both the TC Character Area and the requested C-1 zoning designation. The C-1 district typically involves public interaction and/or on-site retail sales, which are not clearly established in the current proposal. To support TC goals, the use should include opportunities for pedestrian activity and customer engagement. The surrounding area consists primarily of institutional uses, student populations, and multi-family residential developments, indicating a context for supportive, walkable, service-oriented uses. MARTA has provided project review comments (enclosed), noting the subject site’s proximity to a planned pedestrian improvement at N. Indian Creek Drive and Memorial College Avenue, intended to enhance connectivity. Given these planned infrastructure improvements, MARTA recommended maintaining the existing MR-1 zoning or considering a denser residential or mixed-use designation rather than rezoning to C-1. However, due to the parcel’s size and limited buildable area, Staff finds the proposed use generally appropriate as a small-scale local business, provided it is modified to better align with TC objectives. While an assembly room may be reasonable given the nature of the business, manufacturing activities constitute an industrial use, which is inconsistent with the TC Character Area and would not be permitted. Additionally, the property is legally nonconforming pursuant to Section 27-8.1.6, which affects the required transitional buffer for C-1 and R-85 zoning. The site also does not meet all C-1 dimensional standards outlined in Section 27-2.24.1. Should future site improvements be proposed, variances and/or relocation of the business may be necessary. Rezoning the property primarily for assembly purposes without customer interaction or pedestrian-oriented activity does not support the long-term vision for this area. While the concept of a small commercial use along this corridor may be appropriate, the proposed zoning district and business operations must be mutually supportive and consistent with the TC Character Area. Accordingly, Staff has proposed “Approval with the attached conditions” to ensure alignment with TC goals and the intent of the C-1 district.

 

PLANNING COMMISSION VOTE: (January 6, 2026) Approval w/Condition. Commissioner Osler moved, Commissioner Costello seconded for approval with the condition that there be a retail and personal care component, relating to hair care services.

 

COMMUNITY COUNCIL VOTE/RECOMMENDATION:  (December 2025) Approval 8-0-0.