Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): COMMISSION DISTRICT 02 SUPER DISTRICT 06
Application of Amy Wilson c/o Battle Law, P.C. to rezone property from R-75 (Residential Medium Lot-75) zoning district to C-1 (Local Commercial) zoning district to operate a specialized school for art classes and other art-related activities, at 558 Medlock Road.
Body
PETITION NO: N5-2024-0365 Z-24-1246916
PROPOSED USE: Specialized school for art-related activities.
LOCATION: 552 Medlock Road, Decatur, Georgia 30030
PARCEL NO. : 18-050-14-021
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Amy Wilson c/o Battle Law, P.C. to rezone property from R-75 (Residential Medium Lot-75) zoning district to C-1 (Local Commercial) zoning district to operate a specialized school for art classes and other art-related activities.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (April 9, 2024) Approval with a condition.
PLANNING COMMISSION: (May 2, 2024) Approval with conditions.
PLANNING STAFF: Approval with conditions.
STAFF ANALYSIS: The applicant, Amy Wilson, is seeking a rezone from R-75 (Residential Medium Lot-75) Zoning District to the Local Commercial (C-1) Zoning District to relocate an existing operation of art classes, Zone of Light, to the subject site location. Zone of Light offers year-round activities, including art classes, summer art camps for kids, and small art-oriented events like birthday parties. Currently, there is no business operations on site but the existing one-story, brick building. was previously operated as a Dialysis Clinic. The current zoning of R-75 is inconsistent with adjacent zoning districts and surrounding land uses. While the subject property is located in a Suburban (SUB) character area, the site is within a major intersection framed by four major intersecting corridors hosting several commercial businesses, retail, and service uses. According to the 2050 Unified Plan, SUB character areas allow for commercial service uses at major intersections that provide increased connectivity and accessibility. The applicant has proposed to repurpose a vacant building for a specialized school of the arts which supports the SUB Character Area intent. The applicant has proposed no new sit development and will not be replacing any building facades and/or materials. Additionally, the subject site falls within Area “C” Medlock Plaza of the Medline Livable Centers Initiative (LCI). Area C aims to provide an appropriate transition between single family residential and the mix of services found in and around the 5-point intersection. Area C supports high density land uses (up to 24 units/acre) and up to 5-stories of building height. The proposal supports a diverse and healthy neighborhood economy through art while providing appropriate transition for the periphery of suburban single-family residential areas, with no change in building height. Community Council Two (CC2) expressed the desire for the subject site to be conditioned for the use of “art related” business practices exclusively. The applicant has submitted a surveyed site plan “558 Medlock Road” (see enclosed) showing the existing structure and parking. The existing building appears to comply with exterior building materials requirements set forth in Section 5.7.4 and comply with the C-1 zoning district requirements of the Non- Residential Dimensional Requirements (Section 2.24.1). The existing parking (39 spaces provided,18 spaces required) meets Section 6.1.4 Off Street Parking Ratios (Retail uses, personal service uses, and other commercial and general business uses one (1) space for each five hundred (500) square feet of floor area). However, the applicants submitted surveyed site plan does not comply with Section 5.4.4. - Site and parking area landscaping (D 1-10). While the applicant has not supplied details of proposed landscaping on the site plan, the applicant may need to seek variances from the Zoning Board of Appeals to meet all requirements set forth in Section 5.4.3 Streetscape Elements and Dimensions. While the streetscape design is satisfactory (minimal landscaping), incorporating green islands in the parking lot and street trees would further enhance the site. There were no major findings from the Interdepartmental comments, however, comments should be reviewed (enclosed). It appears the proposal satisfies the goals of the SUB character area and Medline LCI, is more consistent with adjacent and surrounding commercial uses than the current residential zoning, meets the requirements of a C-1 zoning district, and complies with the Supplemental Regulations Section (4.2.45). Supplemental Regulations for this use only apply if the subject site is located within a residential zoning district. Therefore, upon review of Section 7.3.5 (A-H) of the Zoning Ordinance, Staff recommends “Approval with the attached conditions”.
PLANNING COMMISSION VOTE: (May 2, 2024) Approval with conditions 7-0-0. Jan Costello moved, Sarah Zou seconded for approval with 3 conditions per Staff recommendation, with a modification to condition #1, adding tattoo parlors/shops and vape shops to the list of restricted uses.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (April 9, 2024) Approval w/condition 10-0-0. The condition is that all practices be art related.