Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 03 Super District 07
Application of Hyacinth Davis 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 3574 Boring Road..
Body
PETITION NO: N8-2025-0292 SLUP-25-1247429
PROPOSED USE: Personal care home, up to six (6).
LOCATION: 3574 Boring Road, Decatur, Georgia 30034
PARCEL NO. : 15 092 03 014
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Hyacinth Davis 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: (April 2025) Denial.
PLANNING COMMISSION: (May 6, 2025) Denial.
PLANNING STAFF: (May 7, 2025) Full Cycle Deferral_rev. 05.07.2025
STAFF ANALYSIS: The Special Land Use Permit (SLUP) application for a Personal Care Home (PCH), Peace of Mind Personal Care, for up to six (6) adults is located within an R-100 zoning district. The subject site is within a SUB (Suburban) Character Area The primary structure consists of four (4) bedrooms, providing sufficient housing for the four (4) adult residents. The PCH will support the goals of a SUB Character Area. SUB Character Areas encourage 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 unlikely to negatively impact adjacent land uses. - Operations will be twenty-four (24) hours daily, seven (7) days a week, by four (4) Healthcare Professionals to supervise and care for 4 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 E Chapel Circle (Local Road) and fronts Boring Road (Collector Road). There appears to be safe and efficient ingress and egress on to E Chapel Circle and adequate traffic-carrying capacity to prevent congestion along Boring Road. - 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. - The scale of the structure and operations are proportionate to the property and surrounding area. The proposed PCH appears to meet all Zoning Ordinance requirements, including the Supplemental Regulations, advances the goals of the 2050 Unified Plan, and addresses the needs of the neighborhood and broader community. However, the Applicant did not attend the May 6th, 2025 Planning Commission Meeting and was not able to address community concerns or present their proposal. Therefore, staff recommends a “Full Cycle Deferral to the July 2025 zoning agenda”.
PLANNING COMMISSION VOTE: (May 6, 2025) Denial 6-0-0. FINAL MOTION: Vivian Moore moved, Jan Costello seconded for denial. (1st Motion: Winton Cooper moved, Vivian Moore seconded to table this item until the end of the agenda, due the applicant not being present. Motion passed 6-1-0. Jan Costello opposed. 2nd Motion: Vivian Moore moved, Winton Cooper seconded to take this item off the table and sound it. Motion passed 5-0-0. Edward Patton was not present for this vote.)
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (April 2025) Denial 8-0-0. Denial based on community opposition and potentially lower property values.