Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 03 Super District 07
Application of Leopold Ewing to rezone property from O-I (Office-Institution) zoning district to NS (Neighborhood Shopping) zoning district to allow a restaurant with no drive through, at 5488 Flat Shoals Parkway.
Body
PETITION NO: N3-2025-1622 Z-26-1247784
PROPOSED USE: Restaurant, with no drive through.
LOCATION: 5488 Flat Shoals Parkway, Decatur, Georgia 30034
PARCEL NO.: 15 066 01 001
INFO. CONTACT: John Reid, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Leopold Ewing to rezone property from O-I (Office-Institution) zoning district to NS (Neighborhood Shopping) zoning district to allow a restaurant with no drive through.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (Dec. 2025) Denial.
PLANNING COMMISSION: (Jan. 6, 2026) Pending.
PLANNING STAFF: Approval with Conditions.
STAFF ANALYSIS: The subject site contains an existing 1,792 square foot vacant single-family structure. Based on field investigation, it appears that there may have been some work without a land disturbance permit since there is a gravel parking area on site that is not allowed by the zoning ordinance. The property is currently zoned O-I (Office Institutional) with conditions that restrict the use to a storage building for the church to the southwest across Flat Shoals Parkway (See CZ-87177). Since the applicant desires to use the existing structure as a sit-down restaurant (no drive-through), a rezoning to a commercial zoning district such as the proposed NS district is required. The property falls within a Suburban (SUB) Character Area. The intent of the SUB is to “recognize those areas of the county that have developed in traditional suburban land use patterns while encouraging new development to have increased connectivity and accessibility”. Furthermore, SUB character areas intend to “allow limited non-residential development and small mixed-use developments outside of existing, stable single-family neighborhoods, particularly in locations with high levels of pedestrian connectivity, to meet the needs of surrounding residents” (2050 Comprehensive Plan, SUB Character Area Mixed Use and Non-Residential policy, page 47). It appears that the proposed rezone request to Neighborhood Shopping district, along with Staff’s recommended conditions is consistent with these policies of the SUB Character Area. Furthermore, it appears that the proposed project aligns with the purpose and intent of the NS district to “provide for the development of new Neighborhood Shopping Districts where so designated on the comprehensive plan especially for commercial uses in Suburban character areas”, and “to assure that the size and scale of neighborhood shopping centers and individual uses within said centers are compatible with the scale of adjoining neighborhoods”. The NS district allows sit-down restaurants but prohibits drive--through restaurants which may be more compatible with surrounding single-family neighborhoods. Given the applicant is proposing to limit the scale of the proposed restaurant use to the size and one-story building height of the existing structure, and that the NS district appears to better align with commercial uses specifically in SUB character areas, it appears that the rezoning request is consistent with the goals of the SUB Character Area and the 2050 comprehensive plan and compatible with the surrounding single-family neighborhoods [(Section 7.3.5.A Consistency with Comprehensive Plan) and 7.3.5.B (Suitability of Land Use)]. One of Staff’s recommended conditions is to require that an approved Land Disturbance Permit (LDP) be obtained prior to issuance of any certificate of occupancy to address any potential site related issues including but not limited to paving of the parking lot, perimeter and interior parking lot landscaping, providing the minimum number of required parking spaces, sufficient provision of stormwater management, and providing sidewalks and street trees along the Medlock Road property frontage. Additionally, the DeKalb County Transportation Department has indicated provision for right-of-way dedication and installation of sidewalks, landscaping improvements, and streetlights (see attached inter-governmental comments). Therefore, upon review of Section 7.3.5. (Rezoning criteria) it is the recommendation of the Planning and Sustainability Department that the rezoning request be “Approved, with the attached conditions”.
PLANNING COMMISSION VOTE: (January 6, 2026) Pending.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (December 2025) Denial 6-2-0. The reasons listed for denial were as follows: Denial due to the uncertainty of the use of this property in conjunction with the adjoining property, the amount of asphalt that needs to be placed, the topography of the land, the possible impacts on the single-family homes to the East of this property.