Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 01 Super District 07
Application of KL Capital, LLC c/o Battle Law, P.C. to rezone property from C-1 (Local Commercial) zoning district to HR-1 (High-Density Residential-1) zoning district for the development of a mixed-use project with multi-family units and accessory retail/office/commercial space, at 3507 Chamblee-Tucker Road.
Body
PETITION NO: N2-2025-0961 Z-25-1247624
PROPOSED USE: Mixed-use project; multi-family, accessory retail/office/commercial space.
LOCATION: 3507 Chamblee-Tucker Road, Chamblee, Georgia 30341
PARCEL NO. : 18 285 01 001
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of KL Capital, LLC c/o Battle Law, P.C. to rezone property from C-1 (Local Commercial) zoning district to HR-1 (High-Density Residential-1) zoning district for the development of a mixed-use project with multi-family units and accessory retail/office/commercial space.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: Full cycle deferral.
PLANNING COMMISSION: (Sept. 9, 2025) Full-Cycle Deferral.
PLANNING STAFF: Two-Cycle Deferral.
STAFF ANALYSIS: The applicant is requesting to rezone the subject property from C-1 (Local Commercial) to HR-1 (High Density Residential -1) to accommodate twenty-four (24) residential units and approximately 2,000 square feet of retail and/or commercial space. This proposed rezoning supports the design objectives of the Town Center (TC) Character Area, as outlined in the DeKalb 2050 Unified Plan (Pg. 35), by advancing a mixed-use development concept. Additionally, HR-1 maximum density of 24 units per acre (up to 40 units per acre with density bonuses) is consistent with the TC density threshold (60 units per acre). The surrounding zoning and development pattern includes a mix of commercial, office, and low-to-medium density residential uses of O-I, C-1, MR-2, MR-1, and R-100 zoning districts. Rezoning to HR-1 would introduce higher-density residential and mixed-use opportunities that align with the area’s evolving Town Center Character area strategies and objectives. Notwithstanding consistency with the TC Character Area and compatibility with the surrounding development pattern, there are substantial technical deficiencies regarding compliance with HR-1 design standards that may indicate the project is not viable. The submitted site plan lacks sufficient tabular data to demonstrate compliance with Section 27-2.15.3 – Dimensional Requirements for HR-1 and the following standards (as shown on the “CONCEPT PLAN” dated May 14, 2025): • The building height permitted for Multi-family in HR-1 is a maximum of three (3) stories or forty-five (45) feet (Section 27-2.15.6 Building Heights). The site plan specifies five (5) stories. • No landscape strip (5 feet) or a six (6) foot sidewalk along the front of the property are shown per Section 27-5.4.3 Streetscape Elements and Dimensions. • The rear setback is 20 feet (Per Section 27-2.15.3) not 10-feet as shown on the site plan. • There is 10-foot front setback shown, however, Multi Family in HR-1 is 0-feet determined by utility placement, ROW, and streetscape. • The total lot coverage listed specifies 60.57%. However, there is no breakdown of this calculation. • The total open space specifies 17.7% open space. However, there is no calculation of the breakdown. • The site plan states there are 28 parking spaces, only 24 are shown. Additional comments to consider upon a conceptual review of the site plan: • Staff recommended the Applicant correspond with the Fire Review Division and Sanitation Division to ensure appropriate access. • There is no location specifying where a dumpster is located. • Interdepartmental comments specified an underground detention pond may be necessary given the buildable envelope. The proposal appears to be consistent with the maximum densities allowed by HR-1 and the TC Character Area and demonstrates appropriate compatibility with a mixed-use design. However, upon review of 27-7.3.5 (A-H), and the outlined noncompliance with HR-1 Zoning District (which may impact the viability of the project), Staff recommends a “Two-Cycle Deferral to the January 2026 zoning agenda” to address site plan deficiencies.
PLANNING COMMISSION VOTE: (September 9, 2025) Full-Cycle Deferral 9-0-0. Commissioner West moved, Commissioner Costello seconded for a full-cycle deferral to the November 2025 zoning agenda, per the Applicant’s request.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: Full cycle deferral 6-0-0.