Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): COMMISSION DISTRICT 05 SUPER DISTRICT 07
Application of Ashley Denis for a Special Land Use Permit (SLUP) to allow a Personal Care Home (PCH) for up to six (6) persons in the R-85 (Residential Medium Lot) zoning district, at 2056 Tudor Castle Circle.
Body
PETITION NO: N8-2023-1433 SLUP-24-1246750
PROPOSED USE: Personal care home, up to six (6) persons.
LOCATION: 2056 Tudor Castle Circle, Decatur, Georgia 30035.
PARCEL NO. : 15-159-09-064
INFO. CONTACT: Lucas Carter, Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Ashley Denis for a Special Land Use Permit (SLUP) to allow a Personal Care Home (PCH) for up to six (6) persons in the R-85 (Residential Medium Lot) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: Denial.
PLANNING COMMISSION: Denial.
PLANNING STAFF: Withdrawal.
STAFF ANALYSIS: On January 11, 2024 the applicant requested withdrawal of the application after the Community Council and Planning Commission both concluded with a recommendation of denial. The application for a Special Land Use Permit (SLUP) at 2056 Tudor Castle Circle seeks approval for a personal care home accommodating up to six elderly adults within the Suburban (SUB) future land use character area and R-85 (Residential Medium Lot-85) Zoning District. The location has previously been operational housing up to three (3) residents. The property is 0.52-acres with a 3,128 square foot house which may be able to accommodate six residents. The applicant has provided a floor plan that shows six bedrooms and two and a half bathrooms, one being fully ADA compliant. Applicant has also shared video showing current conditions which show compliance to ADA needs. The public street and ingress/egress points seem sufficient, with personal care homes typically not expected to substantially increase traffic. The proposal appears inconsistent with supplemental use regulations, particularly 27-4.2.41 (B) (2), which states, “Each group personal care home must provide at least four (4) parking spaces within a driveway, garage or carport, and must comply with any applicable requirements in article 6.” The site plan submitted by the applicant shows four parking spaces, yet they are located on the front grass lawn. There may be space in the driveway to park cars needed which may be considered sufficient for the proposed use. The next supplemental use regulation requires that no other personal care homes be operational within 1,000 feet of the site. There may be a personal care home located approximately 650 feet away at 5181 Covington Highway, but it is currently unclear if it is in operation. This has not been addressed by the applicant. Otherwise, the proposed use appears well-suited to adjacent properties and land uses, minimizing anticipated adverse impacts on traffic, noise, and other disturbances. Concerns regarding distance from the nearby personal care home and parking compliance need addressing. The proposed use otherwise aligns with community needs and the goals of SUB (suburban) land use, contributing to the housing shortage crisis by offering additional housing options for seniors. Community Council recommended denial 7-1-0 on account of neighbor comments addressing concerns of traffic and noise nuisances in addition to parking concerns. Therefore, based on review of Section 7.4.6., staff recommends a “Withdrawal of the application, per the Applicant’s request”.
PLANNING COMMISSION VOTE: Denial 8-1-0. Jan Costello moved, Edward Patton seconded for Denial. Jon West opposed.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: Denial 7-1-0.