Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 04 Super District 07
Application Of Dr. Claudette Spencer to rezone property from R-75 (Residential Medium Lot-75) zoning district To MU-1 (Mixed-Use Low Density) zoning district to allow for an adult day care facility, at 911 Mountain View Drive.
Body
PETITION NO: N1-2024-0626 Z-24-1246990
PROPOSED USE: Adult day care facility
LOCATION: 911 Mountain View Drive, Stone Mountain, GA 30083
PARCEL NO. : 18 091 03 035
INFO. CONTACT: Lucas Carter, Planner
PHONE NUMBER: 404-371-4922
PURPOSE:
Application of Dr. Claudette Spencer to rezone from R-75 (Residential Medium Lot-75) zoning district to MU-1 (Mixed-Use Low Density) zoning district to allow for an adult day care facility.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: Approval with conditions.
PLANNING COMMISSION: (July 11, 2024) Full cycle deferral.
PLANNING STAFF: (rev. 07.17.2024) Two-cycle deferral.
STAFF ANALYSIS: (rev. 07.17.2024) The proposed request is to rezone from R-75 (Residential Medium Lot-75) to MU-1 (Mixed-Use-1) for 911 Mountain View Road in Stone Mountain, Georgia is necessary to permit the operation of an Adult Day Care Center within the existing building on the premises with the intention to operate during daylight hours, 9 AM to 6 PM, and will not provide overnight accommodation. The property includes three bathrooms (including a handicap-accessible shower), an office, a quiet room, a medication room, a large dining room, a television room, a laundry room, and a kitchen according to the application. Additionally, it features four entry points, two of which are handicap-accessible ramps equipped with alarms. The premises also has a large rear patio, a covered deck for outdoor seating, and an acre of grassy area. The proposed Adult Day Care Center is deemed suitable considering the use and development patterns of adjacent and nearby properties. The land borders a mix of zoning districts areas classified as C-1 (local commercial), MR-1 (medium density residential), and RSM (Residential Small Mix). Therefore, the proposed use may be compatible with surrounding land uses and density and is not anticipated to adversely affect the existing use or usability of adjacent properties. Additionally, the planned use aligns with the current infrastructure. The existing house on the property has sufficient amenities to support the operations of an Adult Day Care Center without necessitating significant alterations or placing undue strain on local streets, transportation facilities, utilities, or schools. The proposed rezoning is consistent with the written policies in the comprehensive plan text. The property is designated as SUB (Suburban) and is adjacent to a CRC (Commercial Redevelopment Corridor) district. This rezoning aligns with the comprehensive plan's goals to provide infill amenities and essential services to neighboring residential communities according to the “Development” on page 41 of the 2050 Comprehensive Plan. There are no historical buildings, sites, districts, or archaeological resources in the vicinity that would be affected by the proposed rezoning. Additionally, there do not appear to be any existing or changing conditions affecting the use and development of the land. The development of an Adult Day Health Center may be supportive of the nearby and adjacent CRC Character Area which calls for the redevelopment and revitalization of commercial corridors according to CRC development standards on page 37 of the 2050 Comprehensive Plan. However, the development does not appear to meet the MU-1 (Mixed Use) land use and dimensional requirements. MU-1 requires a mixture of land uses, and only one land use is proposed (Adult Day Care Center). Therefore, it may be appropriate for the applicant to consider changing their rezone request to another zoning district such as C-1 which does not require a mixture of land uses and is located in the immediate vicinity of the subject property. Additionally, the application lacks a site plan which is needed to properly evaluate the impact on surrounding parcels, infrastructure, and public welfare. The MU-1 standards may require variances such as, but not limited to, a 50-foot transitional buffer. The application includes photos of the property with notes pointing to driveway installations and fence replacements and one stating, “Architectural drawings in progress”. These architectural drawings will be required for staff to make a recommendation. While the proposed rezoning to a mixed-use classification fits within the existing neighborhood context and infrastructure and appears to align with the objectives of the 2050 Comprehensive Plan, it does not appear to comply with the MU-1 zoning requirement to provide a mixture of land uses, to include both commercial and residential uses. Additionally, no site plan has been submitted to determine if there is compliance with dimensional requirements such as but not limited to parking, building setbacks, and transitional buffers. Therefore, staff recommends a “Two-cycle deferral to the November 2024 zoning agenda to allow the applicant to consider and respond to these issues”.
PLANNING COMMISSION VOTE: (July 11, 2024) Full cycle deferral 6-0-0. LaSonya Osler moved, Jana Johnson seconded for a full cycle deferral to the September 2024 zoning agenda.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: Approval (10-0-0) with the following conditions: 1) The use be restricted to an adult day care only; 2) The deciduous tree(s) in the front of the property be saved.