Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
Commission District(s): 5 and 7
Application of Love Bugs Learning Home c/o John View for a Special Land Use Permit (SLUP) to allow a child daycare facility for up to six (6) children in the R-100 (Residential Medium Lot-100) zoning district, at 3319 Tarragon Drive.
Body
PETITION NO: N4-2026-0710 SLUP-26-1248091
PROPOSED USE: Child daycare facility, for up to six (6) children.
LOCATION: 3319 Tarragon Drive, Decatur, Georgia 30034
PARCEL NO. : 15 066 09 021
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Love Bugs Learning Home c/o John View for a Special Land Use Permit (SLUP) to allow a child daycare facility for up to six (6) children in the R-100 (Residential Medium Lot-100) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (June 2026) Deferral.
PLANNING COMMISSION: (July 7, 2026) Approval with Conditions.
PLANNING STAFF: (July 2026) Denial_rev. 07.30.2026
STAFF ANALYSIS: (07.30.2026) The applicant requests a SLUP (Special Land Use Permit) to operate a child day care facility for up to six (6) children within an existing single-family residence from 8:00 a.m. to 6:00 p.m. While the proposal generally appears consistent with the SLUP criteria in Section 7.4.6 and most Supplemental Regulations in Section 4.2.19 (Child Day Care Facility), Staff determined that the request does not satisfy the required separation standard in Section 4.2.19(D). Upon further review of the ordinance, Staff identified one (1) existing child day care facility within the required 1,000-foot separation distance. Although the existing facility is not licensed through DeKalb County, the Zoning Ordinance does not distinguish between county-licensed and state-licensed child day care facilities when applying the separation requirement. Therefore, Staff has interpreted the ordinance according to its plain language and intent by considering all existing child day care facilities within the required separation distance. This determination issued an update to the Staff Report from Approval with Conditions to Denial. However, the proposed use is generally compatible with the SUB (Suburban) Character Area and the intent of the R- 100 (Residential Medium Lot-100) zoning district. The SUB Character Area encourages civic institutions and neighborhood-serving uses that support surrounding residential communities. Due to the proposal's limited scale and residential character, the use would remain generally consistent with the existing development pattern of the surrounding single-family neighborhood. There are no proposed exterior building expansions, commercial signage, or changes to the residential appearance of the structure. The required off-street parking may be accommodated within the existing driveway, providing five (5) parking spaces, and staggered drop-off and pick-up times are proposed to minimize traffic impacts. In addition, the Interdepartmental Review comments confirm there are no concerns related to on-site sewage disposal, flood hazards, wetlands, county roads, or drainage infrastructure. The nearest child day care facility (3336 Benton Harbor Court Drive) is approximately 700 feet from the subject property. While this facility is not licensed through DeKalb County, it constitutes an existing child day care facility for purposes of applying the separation requirement. The ordinance does not provide an exemption or alternative standard based on the licensing authority. Interpreting the regulation to include all existing child day care facilities is consistent with the purpose of the separation requirement, which is to prevent the concentration of child day care facilities within residential neighborhoods and preserve neighborhood character. As a result, the proposal does not satisfy the minimum 1,000-foot separation requirement established in Section 4.2.19(D) and therefore, Staff recommends “Denial”.
PLANNING COMMISSION VOTE: (July 7, 2026) Approval with Conditions 8-0-0. Motion was made by Commissioner Costello, seconded by Commissioner Cooper for approval with four (4) conditions, per Staff recommendation with the following added conditions and/or amendments: 1) Amend condition #1 to replace "personal care home" with "child daycare facility". 2) Approval shall be contingent on Staff's confirmation of distance requirement being met.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (June 2026) Deferral 6-2-0.