Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 05 Super District 07
Application of Battle Law P.C., LLC. to rezone property from R-75 (Residential Medium Lot-75) zoning district to MR-1 (Medium Density Residential-1) zoning district to develop rental townhomes in the R-75 (Residential Medium Lot-75) zoning district, at 3744 Redan Road.
Body
PETITION NO: D4-2024-0106 Z-24-1246799 (from September agenda)
PROPOSED USE: Rental townhomes.
LOCATION: 3744 Redan Road, Decatur, Georgia 30032
PARCEL NO. : 15-220-01-026
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Battle Law P.C., LLC. to rezone property from R-75 (Residential Medium Lot-75) zoning district to MR-1 (Medium Density Residential-1) zoning district to develop rental townhomes in the R-75 (Residential Medium Lot-75) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (August 2024) Denial. (June 2024) Denial. (Feb. 2024) Full cycle deferral.
PLANNING COMMISSION: (September 12, 2024) Approval with conditions. (July 11, 2024) Full cycle deferral. (March 5, 2024) Two-cycle deferral.
PLANNING STAFF: (September recommendation) Approval with conditions.
STAFF ANALYSIS: The applicant, Battle Law, P.C., is seeking to rezone the subject property from the R-75 (Residential Medium Lot-75) Zoning District to the MR-1 (Medium Density Residential - 1) Zoning District for the development of a single-family attached rental townhome community. The applicant has also filed a companion application (LP-23-1246832) to amend the future land use map from the SUB (Suburban) to CRC (Commercial Redevelopment Corridor) character area. Based on the submitted information, the rezone proposal is generally consistent with the polices and strategies of the CRC Character Area. CRC calls for the redevelopment of commercial corridors in decline with townhomes, apartments, retail, office, and commercial at maximum building heights of 3 stories and maximum densities of 18 units per acre (Pg. 37 2050 Unified Plan). If approved, the future land use designation will coincide with this rezoning request and support the infill project. The proposed MR-1 zoning provides a transition between the O-I (Office Institutional) zoning to the west and the MR-2 zoned single-family subdivision to the east and is consistent with the MR-2 zoning district approximately three hundred (300) feet to the west of the subject site. The subject property is located adjacent to the Covington Overlay District, Covington Highway Corridor Master Active Living Plan study area, and the Indian Creek District Overlay. The site is a transitional parcel, and thus requires a more nuanced review. While the proposed zoning and land use appear to be consistent with the surrounding area, the site plan submitted in May of 2024 (labeled “A” enclosed) received specific feedback from Staff to be addressed through a redesigned plan to comply with Zoning Ordinance dimensional and development requirements. The applicant has submitted an updated site plan on 7/22/24 (“A-1” enclosed) which has addressed some of the design issues previously noted by Staff, some of which include a reduced unit count to accommodate the narrowness of the site, enhanced open space around the detention pond area, compliance with Section 5.7.6 Single Family Attached Buildings (C. 3 and C.10) regarding maximum alley length (150 feet) and/or private drive requirements, and maximum block length per Section 5.1.1 Blocks. The proposal has included a future inter-parcel access along the southern boundary line. Therefore, should more residential or commercial infill projects be proposed along Redan Road, the access point would further the opportunity for interconnectedness and walkability between developments along Redan Road. The proposed development originally consisted of sixty-three (63) units at a density of approximately ten (10) dwelling units per acre (Site Plan “A” enclosed). The most recent site plan (“A-1” enclosed) has a slightly reduced unit count of fifty-eight (58) at a density of approximately nine (9) units per acre. The proposed MR-1 zoning district allows a maximum base density of eight (8) units per acre; densities above 8 up to a maximum of twelve (12) units per acre are allowed with the provision of density bonus features. As specified in Section 2.12.7 Bonus Density Qualifying Standards, the subject site is within an Opportunity Zone, which provides a 100% bonus above the base density. The applicant has shown the density bonus calculation on the site plan (“A-1” enclosed). The updated site plan incorporates one (1) ninety-six (96) foot diameter long cul-de-sac which meets International Fire Code and three (3) permanent dead-end streets and/or parking areas. Additionally, the proposed townhomes appear to meet the required 30-foot-wide buffer along the northwest property line adjacent to a single-family detached subdivision as required by Section 5.4.5 of the Zoning Ordinance (Transitional Buffers). Interdepartmental comments are enclosed. Taken as a whole, the proposed single-family attached townhome land use and MR-1 zoning district is consistent with the MR-1/MR-2 zoning districts in the surrounding area and provides a transition between the O-I (Office Institutional) zoning to the west and the MR-2 zoned single-family subdivision to the east. While the plan provides minimal amenities and does not provide for a leasing office, as suggested from discussion at the Community Council 5 meeting, the current site design appears to satisfy MR-1 development standards. Therefore, upon review of Section 7.3.5 of the Zoning Ordinance, Staff recommends “Approval, with the attached conditions”.
PLANNING COMMISSION VOTE: (September 12, 2024) Approval with conditions 7-2-0. Jan Costello moved, Edward Patton seconded for approval with three (3) conditions, per staff recommendation. Tess Snipes and Vivian Moore opposed. (July l1, 2024) Full cycle deferral 5-0-1. Jan Costello moved, Edward Patton seconded for a full cycle deferral to the September 2024 zoning agenda. Tess Snipes abstained. (March 5, 2024) Two-Cycle Deferral 7-1-0. Jan Costello moved, Edward Patton seconded for a two-cycle deferral to the July 2024 zoning agenda. Tess Snipes opposed.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (August 2024) Denial 5-1-2. (June 2024) Denial 7-0-0. (Feb. 2024) Full Cycle Deferral 9-0-0.