Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): DISTRICT 05 SUPER DISTRICT 07
Application of Wendy Rios Ochoa for a renewal of a Special Land Use Permit (SLUP) to operate a child day care for up to 6 children in the RSM (Small Lot Residential Mix) zoning district, at 6168 Marbut Road.
Body
PETITION NO: N2-2024-0362 SLUP-24-1246895
PROPOSED USE: Child day care, up to six (6).
LOCATION: 6168 Marbut Road, Lithonia, Georgia 30058
PARCEL NO. : 16-102-03-014
INFO. CONTACT: Lucas Carter, Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Wendy Rios Ochoa for a renewal of a Special Land Use Permit (SLUP) to operate a child day care for up to 6 children in the RSM (Small Lot Residential Mix) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (April 8, 2024) Approval.
PLANNING COMMISSION: (May 2, 2024) Approval with one condition.
PLANNING STAFF: Approval with one condition.
STAFF ANALYSIS: The applicant is seeking a renewal of their special land use permit (SLUP) for a child day care facility (up to six (6) children) which was originally approved by the Board of Commissioners on 11/17/2022. The facility has operated in compliance with regulation since 2022, currently serving 4 students. Approval of this request will allow the use to continue. The requested use continues to be consistent with the Zoning Ordinance and does not detract from the goals of the Comprehensive Plan. The subject property is located in the Suburban (SUB) future land use character area, which includes institutional use as a primary land use (pg. 115). The proposal permits a small-scale childcare service that serves the needs of its immediate residential community. The site has proven adequate for a small childcare service in a residential setting. Adverse impacts based on the manner and time of operation should continue to be minimal. The proposed hours of operation would continue to be “would be 7:00am to 5:30pm Mon-Fri.” No significant regulatory issues have been raised related the proposed operation over the last 18 months. State records indicate that the nearest day care facility to the subject property is greater than 1,000 linear feet (i.e., > 4,000 ft.); as required for zoning compliance with Section 42.19 (D). Since the original SLUP approval by the Board of Commissioners there have been no complaints or citations issued. Therefore, it appears that the child day care operation has maintained compatibility with the surrounding residential neighborhood. Therefore, upon review of Sections 7.4.6, 7.4.7 C, and 4.2.19 of the Zoning Ordinance, staff recommends “Approval of the Special Land Use Permit renewal request, with 1 condition”.
PLANNING COMMISSION VOTE: (May 2, 2024) Approval with one condition 7-0-0. Jan Costello moved, Jon West seconded for approval with one (1) condition, per Staff recommendation.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (April 8, 2024) Approval 9-0-0.