Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 03 Super District 07
Application of Pinewood 383, LLC c/o Nyalls Carlton for a Special Land Use Permit (SLUP) to allow for a personal care home for up to six (6) individuals in the R-100 (Residential Medium Lot-100) zoning district, at 3600 Preakness Drive.
Body
PETITION NO: N9-2025-0632 SLUP-25-1247522
PROPOSED USE: Personal care home, for up to six (6).
LOCATION: 3600 Preakness Drive, Decatur, Georgia 30034
PARCEL NO. : 15 101 07 005
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Pinewood 383, LLC c/o Nyalls Carlton for a Special Land Use Permit (SLUP) to allow for a personal care home for up to six (6) individuals in the R-100 (Residential Medium Lot-100) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (June 2025) Denial.
PLANNING COMMISSION: (July 8, 2025) Pending.
PLANNING STAFF: (July 2025) Approval with Conditions.
STAFF ANALYSIS: The applicant is seeking Special Land Use Permit (SLUP) to allow a personal care home for up to six (6) individuals in the R-100 (Residential Medium Lot-100) zoning district. The PCH, Preakness Care, provides 24/7 supervision for five (5) cognitively healthy seniors who may seek assistance with daily needs and care (meal preparation, medication assistance, etc.). The site plan submitted to Staff displays a primary structure consisting of six (6) bedrooms, providing sufficient housing for the five (5) adult residents. The subject site is within a SUB (Suburban) Character Area. SUB Character Area encourages innovative housing types to increase housing choice and income diversity without significantly altering established neighborhood development patterns (2050 Unified Plan, Pg. 41). Additionally, assisted living facilities are identified as appropriate features for SUB Character Areas. These facilities provide essential services and address the greater needs of the region by providing quality care for aging populations and individuals who require assisted care. Additional factors from Section 7.4.6 SLUP Criteria to be Considered (A-N): • The proposed use is not expected to generate additional traffic, noise, smoke, odor, dust, or vibration, and is unlikely to negatively impact adjacent land uses. • Operations will be twenty-four (24) hours daily, seven (7) days a week, by two-to three (2-3) healthcare professionals to supervise and care for 5 residents. No on-street parking will be permitted. The driveway is sufficient for 4 vehicles. • Public services, facilities, and utilities have been assessed and found sufficient to serve the proposed use without significant additional demand. • The property has direct access to Preakness Drive (Local Road). There appears to be safe and efficient ingress and egress from the driveway and traffic congestion is unlikely. • The proposal satisfies all Supplemental Regulations (Section 27-4.2.41 Personal care homes and child caring institutions) including the minimum required separation (1,000 feet) from another PCH. Additional Notes: • Community Council 3 denied the application due to community opposition and a PCH may be incompatible with the established residential character of this neighborhood. • The Applicant may consider three (3) or fewer adults, defined as a “family” in Section 9.1.3 Defined Terms, not more than three (3) unrelated individuals, who live together in a single dwelling unit and who function as a single housekeeping unit, have established ties and familiarity with each other, jointly use common areas, interact with each other, and share meals, household activities, expenses and responsibilities. This definition shall include three (3) or fewer mentally handicapped, developmentally disabled persons, and other handicapped persons, as defined in the Fair Housing Act, 42 U.S.C. § 3601”. The proposed PCH appears to meet all Zoning Ordinance requirements, including the Supplemental Regulations. Therefore, Staff recommends “Approval with Conditions” per Section 7.4.6 (A-N) and Section 4.2.41. However, Staff has listed additional recommendations for consideration by the Planning Commission and the Board of Commissioners.
PLANNING COMMISSION VOTE: (July 8, 2025) Pending.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (June 2025) Denial 9-0-0.