File #: 2024-1439    Version: 1 Name:
Type: Ordinance Status: Preliminary Item
File created: 11/5/2024 In control: Board of Commissioners - Zoning Meeting
On agenda: 1/23/2025 Final action:
Title: COMMISSION DISTRICT(S): Commission District 04 Super District 06 Application of The Universal Church, Inc. for a Special Land Use Permit (SLUP) to allow a place of worship in the in the Scottdale Overlay District, Tier 1 and M (Light Industrial) zoning district, at 3110 E. Ponce de Leon Avenue.
Attachments: 1. SLUP-25-1247279 (2024-1439) Recommended BOC Conditions, 2. SLUP-25-1247279 Jan. BOC 2025 Staff Report 3110 E. Ponce de Leon Ave_rev. 01.16.2025, 3. SLUP-25-1247279 Jan. PC 2025 Staff Report 3110 E. Ponce de Leon Ave

                                    

Public Hearing:  YES      NO                                                   Department: Planning & Sustainability                                     

 

SUBJECT:

Title
COMMISSION DISTRICT(S): Commission District 04 Super District 06

Application of The Universal Church, Inc. for a Special Land Use Permit (SLUP) to allow a place of worship in the in the Scottdale Overlay District, Tier 1 and M (Light Industrial) zoning district, at 3110 E. Ponce de Leon Avenue.

Body

 

PETITION NO: N2-2024-1439  SLUP-25-1247279

PROPOSED USE: Place of worship.

LOCATION: 3110 E. Ponce de Leon Avenue, Scottdale, Georgia 30079

PARCEL NO. : 18 009 05 003

INFO.  CONTACT: Andrea Folgherait, Sr. Planner

PHONE NUMBER: 404-371-2155

 

PURPOSE:

Application of The Universal Church, Inc. for a Special Land Use Permit (SLUP) to allow a place of worship in the in the Scottdale Overlay District, Tier 1 and M (Light Industrial) zoning district.

 

 

RECOMMENDATION:

Recommended Action

COMMUNITY COUNCIL: Approval w/condition.

 

PLANNING COMMISSION: Approval with conditions.

 

PLANNING STAFF: Approval with Conditions.

 

STAFF ANALYSIS: The applicant, Universal Church, inc., is seeking to obtain a Special Land Use Permit (SLUP) to continue operations of a place of worship within the Scottdale Overlay Tier 1 and M (Industrial) zoning district. In January of 2024, the applicant was made aware through the submission of a building permit (#3146728) for a place of worship (The Universal Church) that said use required/requires a SLUP in Tier 1 of the Scottdale Overlay District per Section 3.36.5C2h. There is no record of an approved SLUP, and furthermore, no record of any Certificate of Occupancy (CO) having been granted for the use of the property as a place of worship, hence this request. The subject site is in a LIND (Light Industrial) Character Area. LIND Character areas consist of low intensity manufacturing uses that still preserve a buffer between more industrial areas and commercial and/or residential areas (2050 Unified Plan, Pg. 45). Places of worship are not typically within LIND Character Areas, however Universal Church, Inc. has been operating seven days a week (between 8 AM and 8 PM) and provides valuable community resources such as groceries, counseling, exercise classes, and other group activities daily. The building, a single-story structure with a basement totaling 9,368 square feet, is situated on a corner parcel adjacent to the DeKalb Farmers Market. Located at the intersection of a minor arterial road (Ponce de Leon) and a local residential street (Aldridge Avenue), the area features a blend of commercial and residential uses. The proposed place of worship is unlikely to negatively impact surrounding land uses. Subject Site Review: The applicant submitted architectural elevations and an interior floor plan; however, the surveyed site plan did not detail information to satisfy requirements Section 3.36.10 4. Standards for Mixed Use and Nonresidential in Tier I and Tier I-NC. The most recent site plan submitted by the Applicant on 1/13/2025 dated 9/10/2024 shows fifty-seven (57) parking spots. Section 6.1.4 Off Street Parking Ratios for a Place of Worship requires one (1) space for each four (4) seats in the largest assembly room. The number of seats within the assembly room was not included to Staff. Thus, the Applicant may be subject to variance(s) for off street parking, and/or other Scottdale Overlay Tier 1 requirements depending on future development plans. Interdepartmental comments, specifically from the Transportation Department and Department of Public Health, should also be reviewed (enclosed). The proposed Place of Worship is relatively consistent with the existing uses within the zoning district and in the surrounding area, provides a transition between the more “intense” commercial uses to the south and the residential to the north. As development in the vicinity progresses, the industrial Corridor of Scottdale demands careful consideration to preserve essential community resources like Universal Church. This is particularly important as the management of density and the repurposing of vacant or underutilized parcels along Ponce de Leon intensifies, especially near single-family neighborhoods. Therefore, upon review of Section 7.3.5 (A-H) of the Zoning Ordinance, Staff recommends “Approval, with the attached conditions”.

 

PLANNING COMMISSION VOTE: Approval with Conditions 9-0-0. LaSonya Osler moved, Jana Johnson seconded for approval with two (2) conditions, per Staff recommendation.

 

COMMUNITY COUNCIL VOTE/RECOMMENDATIONApproval with the condition (10-0-0) that the SLUP be non-transferrable.