Public Hearing: YES ☐ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 02 Super District 06
Application of Jonathan L. Yates for Diamond Communications, LLC for a Special Land Use Permit (SLUP) to allow a monopine-style wireless telecommunications facility in the R-75 (Residential Medium Lot-75) zoning district, at 538 Burlington Road.
Body
PETITION NO: N10-2025-0969 SLUP-25-1247629
PROPOSED USE: Monopine-style wireless telecommunications facility.
LOCATION: 538 Burlington Road, Atlanta, Georgia 30307
PARCEL NO. : 18 053 03 017
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Jonathan L. Yates for Diamond Communications, LLC for a Special Land Use Permit (SLUP) to allow a monopine-style wireless telecommunications facility in the R-75 (Residential Medium Lot-75) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: Approval.
PLANNING COMMISSION: (Sept. 9, 2025) Approval with Conditions.
PLANNING STAFF: Approval with Conditions.
STAFF ANALYSIS: The applicant is seeking a Special Land Use Permit (SLUP) to allow a stealth monopine-style wireless telecommunications facility (cell tower) in the R-75 (Residential Medium Lot-75) zoning district. The subject site is owned by Georgia Power Company on Emory University Hospital Campus with an existing substation. The Applicant has submitted a letter from Emory University supporting the proposal. Georgia Power and Emory University will both have communication equipment on the site. The proposal consists of a singular one hundred and fifty (150) foot monopine-style wireless communications tower designed for Dish Wireless. The tower will include additional wireless broadband carriers to encourage joint use (including T-Mobile and possibly Verizon). The subject site is located in Traditional Neighborhood (TN) future land use character area. The purpose and intent of TN character area is to support well designed commercial areas, strong public realm, and stabilize existing neighborhoods (DeKalb County 2050 Comprehensive Plan, 39). The requested SLUP is consistent with the TN by providing a necessary utility for both the surrounding community and a growing campus, providing an opportunity to close a gap in service connection for the area. It appears that the proposed use is consistent with the electrical substation currently existing on the site. The proposed project generally complies with most of the Supplemental Regulations outlined in Section 4.2.57, Wireless Communications, for a 150-foot cell tower. However, it does not fully meet the requirements related to setbacks and landscape buffers: H. General Standards and Design Requirements 2. Setbacks: (b) Minimum setback of one hundred (100) feet. o Accessory Equipment: All accessory equipment must comply with the minimum setback requirements of the underlying zoning district. 4. Aesthetics o Landscape Buffers: A minimum width of ten (10) feet is required. o Landscaping: All plantings must consist of evergreen species. The application includes justification as to why the cell tower is needed (see Dish Wireless radio frequency map and site justification studies per Exhibit 14 and 16 of SLUP application). The Applicant has stated that a variance for the minimum setbacks from property lines (100-foot setback required) will be sought in addition to the landscape buffer (10 feet). The application addresses safety concerns indicating compliance with all building codes and designated fall zones (12 feet) per letter dated 4/5/25 by Senior Design Engineer Amy R. Herbst with Sabre Towers and Poles, and screening (the proposed tower will be located within an artificial pine tree façade consistent with building heights and trees within the area). Therefore, it appears that the size of the site, while confined within the existing substation, is adequate for the proposed use (Sec. 7-4.6. A) and compatible with the adjacent and surrounding campus and campus housing (Sec. 7-4.6. B). The applicant contends that the project meets all Federal Communication Commission (FCC) Safety Guidelines. Compliance with these guidelines can be found on pg. 42 of the application. Furthermore, DeKalb County interdepartmental review presented no major regulatory concerns (see attached comments). Therefore, upon review of Section 7.4.6 of the Zoning Ordinance, Staff recommends “Approval with the attached conditions”.
PLANNING COMMISSION VOTE: (September 9, 2025) Approval with conditions 8-0-0. Commissioner Zou moved, Commissioner Patton seconded for approval with seven (7) conditions, per Staff recommendation. Commissioner Costello was not present for this vote.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: Approval 7-0-0.