Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 05 Super District 07
Application of Hybrass Properties, LLC c/o Battle Law, P.C. for a major modification of zoning conditions pursuant to CZ-18-22130 for the development of single-family, detached residences, at 7788 Pleasant Hill Road; 1716 Pleasant Hill Road; 7900 Pleasant Hill Road; 7860 Pleasant Hill Road; 8024 Pleasant Hill Road; 7956 Pleasant Hill Road; 7890 Pleasant Hill Road.
Body
PETITION NO: D2-2024-1442 CZ-25-1247294
PROPOSED USE: To modify zoning conditions for the development of single-family, detached homes.
LOCATION: 7788 Pleasant Hill Road; 1716 Pleasant Hill Road; 7900 Pleasant Hill Road; 7860 Pleasant Hill Road; 8024 Pleasant Hill Road; 7956 Pleasant Hill Road; 7890 Pleasant Hill Road, Lithonia, GA 30058
PARCEL NO. 16 197 03 006; 16 197 03 012; 16 219 01 005; 16 219 01 006; 16 220 01 004; 16 220 01 007; 16 220 01 009
INFO. CONTACT: Adam Chappell, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Hybrass Properties, LLC c/o Battle Law, P.C. for a major modification of zoning conditions pursuant to CZ-18-22130 for the development of single-family, detached residences.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (April 2025) Approval with a condition. (Dec. 2024) Denial.
PLANNING COMMISSION: (May 6, 2025) Two-Cycle Deferral. (Jan. 2025) Two-Cycle Deferral.
PLANNING STAFF: Two-Cycle Deferral.
STAFF ANALYSIS: The applicant requests a major modification of zoning conditions pursuant to CZ-18-22130 to allow for a major subdivision of up to 182 single-family detached dwellings. The original approval of CZ-18-22130 rezoned the subject properties, comprising approximately 95.52 acres, to the RNC (Residential Neighborhood Conservation) Zoning District for the purpose of developing a major subdivision of up to 214 single-family detached dwellings, in substantial compliance with a site plan dated February 28, 2018. Subsequent attempts to develop the property led to the discovery of areas of rock outcroppings and revealed steep topography, which together necessitated the redesign of the proposal and reduction in units. An updated site plan (dated April 8, 2025) proposes a major subdivision with up to 182 single-family detached dwellings, a reduction of 32 units that brings the density of the proposed development down to approximately 1.91 units per acre. The properties are located within a Suburban (SUB) Character Area, which supports new development provided that such development does not significantly alter established neighborhood development patterns. A number of existing single-family detached subdivisions are in the vicinity of the properties and have been developed at similar densities. The layout and reduction of units allow for the preservation and allotment of additional greenspace which appear to meet the minimum developmental standards of the RNC Zoning District. Rock outcroppings and areas of steep slopes (1:2 feet or greater) are identified on the plans. Several pocket parks are proposed throughout the development as well as an active recreation area near Pleasant Hill Road. The most recent site plan notably differs from the original site plan in the location and number of access points. A new access point in the northwest corner of the development site would provide a connection to the properties designated as Pleasant Hill Road (Tax Parel ID 16-220-01-001) and 1619 Pleasant Hill Trail (Tax Parcel ID 16-197-02-009); these properties are subject to a concurrent application (Z-25-1247358) to rezone from the MU-1 (Mixed-Use Low Density) Zoning District to the RSM (Small Lot Residential Mix) Zoning District, allowing for the construction of up to 149 single-family detached dwellings. This adjacent development would connect the subject properties with the larger “Creekside Village” mixed-use development; the properties that now make up said development were rezoned in 2007 as a result of CZ-07-12945. At the time of this analysis, several phases of “Creekside Village” have been either completed or are under construction. When finished, this development would provide access points to the subject properties off Rock Chapel Road (a major arterial and State DOT route). Compared to the original site plan, this interconnectivity allows for a layout that veers from traditional subdivision designs that are historically more insulated. This notwithstanding, there have been Staff and community concerns that the number of access points in and out of the development may not be sufficient in relation to the number of units proposed and may create traffic concerns both external and internal to the developments. Section 14-200. of the Land Development Code requires a minimum of three (3) access points for a residential development that contains between 151-300 units. Only one (1) access point is proposed off Pleasant Hill Road (which is classified as a minor arterial) in addition to the aforementioned connection with 7850 Pleasant Hill Road. A variance from Section 14-200. to reduce the number of access points would be required should the project proceed through Sketch Plat review; said variance would fall under the purview of the Planning Commission (which approves Sketch/Preliminary Plats) as opposed to the Zoning Board of Appeals (ZBA). Since the development is proposed to connect to 7850 Pleasant Hill Road, and, by extension, “Creekside Village”, it appears to meet the intent of the SUB Character Area for new development to provide increased connectivity (DeKalb County 2050 Unified Plan pg. 41). However, this connectivity would likely trigger a traffic impact study if the subject request and concurrent application Z-25-1247358 are considered as separate phases within a larger development. Individually, the proposals fall short of the 200-unit-minimum threshold for a study per Section 5.3.4. of the Zoning Ordinance; together, however, this requirement is triggered. Connectivity, while desirable from an urban design perspective, may potentially result in some portions of internal streets bearing a traffic load that is higher than that of typical local streets and closer to those seen by collector roads; new subdivisions with frontage on collector roads or arterials are required to have lots facing internal local streets as opposed to said collector roads or arterials. In addition to a likely traffic impact study, the area that is now “Creekside Village” as well as the properties associated with Z-25-1247358 were subject to a DRI review in 2007 (DRI #632); the age of the DRI review, as well as the connection with and partial integration of the proposals with the larger “Creekside Village”, have been determined by the Atlanta Regional Commission (ARC) to require a new Development of Regional Impact (DRI) be submitted and reviewed. From a land use perspective, the modification of conditions pursuant to CZ-18-22130 to reduce the number of units, preserve additional greenspace, and provide inter-parcel connectivity are supportive of and compatible with the intents of the SUB Character Area and RNC Zoning District, and in these aspects, improve upon the original site plan. However, the aforementioned access/traffic concerns and procedural requirements raised by both County and ARC Staff necessitate additional information be provided. Therefore, the Planning and Sustainability Department recommends a “Two-Cycle Deferral to the September 2025 zoning agenda” of this application to allow for these procedural requirements to be followed and for additional changes to the proposal that may result.
PLANNING COMMISSION VOTE: (May 6, 2025) Two-Cycle Deferral 6-0-0. Jan Costello moved, Edward Patton seconded for a two-cycle deferral to the September 2025 zoning agenda, per Staff recommendation. (January 7, 2025) Two-Cycle Deferral 9-0-0. Jan Costello moved, Edward Patton seconded for a two-cycle deferral to the May 2025 zoning agenda, per Staff recommendation.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (April 2025) Approval with a condition (6-0-0) that the residents surrounding the property must be notified of any blasting that may occur in advance and informed of the name of the company hired to do the blasting. (Dec. 2024) Denial 8-0-0.