Public Hearing: YES ☐ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 03 Super District 07
Application of Cultivate Community c/o Battle Law, P.C. to rezone property from R-100 (Residential Medium Lot-100) zoning district to RSM (Small Lot Residential Mix) zoning district to allow for the construction of up to sixty-four (64) single-family, attached dwellings, at 5370, 5384 and 5378 Flat Shoals Parkway.
Body
PETITION NO: D8-2024-0633 Z-24-1247008
PROPOSED USE: Up to sixty-four (64) single-family, attached dwellings.
LOCATION: 5370, 5384, and 5378 Flat Shoals Parkway, Decatur, Georgia 30034
PARCEL NO. : 15 066 01 062, 15 066 01 012, 15 066 01 011
INFO. CONTACT: Adam Chappell, Sr. Planner
PHONE NUMBER: 404-371-4922
PURPOSE:
Application of Cultivate Community c/o Battle Law, P.C. to rezone property from R-100 (Residential Medium Lot-100) zoning district to RSM (Small Lot Residential Mix) zoning district to allow for the construction of up to sixty-four (64) single-family, attached dwellings.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (Oct. 2024) Denial. (June 2024) Two-cycle deferral.
PLANNING COMMISSION: (Nov. 7, 2024) Two-cycle deferral. (July 11, 2024) Two-cycle deferral.
PLANNING STAFF: Full-Cycle Deferral.
STAFF ANALYSIS: This application was most recently granted a Two-Cycle Deferral by the Board of Commissioners on July 25, 2024, following a request by the applicant and recommendations from Staff and the Planning Commission. The applicant, Cultivate Community c/o Battle Law, P.C., is seeking to rezone the subject properties from the R-100 (Residential Medium Lot-100) Zoning District to the RSM (Small Lot Residential Mix) Zoning District in order to construct a subdivision consisting of a mixture of single-family detached and attached dwellings. The property designated as 5384 Flat Shoals Parkway currently appears to be developed with a single-family detached dwelling and various accessory structures. As a whole, however, the subject properties are largely undeveloped in comparison to adjacent established subdivisions, the majority of which appear to have been developed in the early 1970s and are all zoned R-100. The subject properties are located within a Suburban (SUB) Character Area, which includes the RSM Zoning District as one of the allowable zoning district choices in relation to the DeKalb County 2050 Unified Plan. The Suburban Character Area intends to “permit small scale infill such as cottage court development, accessory housing units, small-scale infill and other innovative housing types to increase housing choice and income diversity without significantly altering established neighborhood development patterns”. (DeKalb County 2050 Unified Plan, pg. 41) The site plan originally submitted for the July 2024 Zoning cycle proposed a development consisting solely of 64 single-family attached (townhome) dwelling units at a density of approximately 7.5 units per acre, compared to surrounding detached developments averaging approximately one-and-a-half (1.5) to two (2) units per acre. The site plan did not appear to comply with several RSM developmental standards, such as open space, preservation of transitional buffers, and setbacks, and did not appear to provide adequate means of access and egress for Fire/Rescue and Sanitation vehicles. The most recent site plan (dated August 20, 2024) eliminates a number of single-family attached units adjacent to the development site’s northern property line and replaces them with 13 single-family detached dwellings. Overall, the revised plan provides for 37 single-family attached (townhome) dwellings and 13 single-family detached units for a total of 50 units at a density of approximately 5.75 units per acre. This reduction in density and addition of detached units provides for more housing diversity and creates a more appropriate transition from lower to higher density as well as building form. At the request of Planning Staff, a roundtable inter-departmental meeting was held with the applicant on October 23rd to discuss the viability of the revised site plan. While many issues with the original proposal have been addressed, some potential issues remain: • The proposed private streets do not meet the minimum turnaround radius for Fire/Rescue and Sanitation vehicles (the proposed cul-de-sac is not wide enough and the turn radii at the easternmost extent of the one-way street may not be sufficient). • Discussions with the applicant have indicated that the proposed attached (townhome) units are to be fee-simple (with front and rear yards), as opposed to condominiums. No lot or unit dimensions are shown, which could affect compliance with development standards such as setbacks, lot coverage, and open space. • The subject properties in their existing form appear to be heavily forested, and it is unknown if the proposed development would be in accordance with the Land Development Code with respect to tree protection. It appears possible that a significant amount of existing undeveloped greenspace would be eliminated. The Suburban Character Area, as defined by the DeKalb County 2050 Unified Plan, states that “new development should be designed to preserve existing undeveloped greenspace.” (DeKalb County 2050 Unified Plan, pg. 41) • Concerns have been raised by Land Development that the proposed stormwater detention facility (located in the western portion of the development) may not be sufficient to address stormwater concerns and that additional facilities may be required elsewhere on the development site. A mixture of attached and detached units within RSM zoning (along major thoroughfares) are generally allowed as a development choice in appropriate locations in SUB Character Areas. Additionally, the reduction/diversification of single-family attached and detached units appear to be more compatible with existing development patterns. However, site plan issues raised by other County departments may need to be further addressed in order for the proposal to not adversely impact surrounding developments (see Section 27-7.3.5. (A, B, and D of the Zoning Ordinance). Further site plan changes may be needed to meet other County Code requirements. Such changes may result in a development with fewer units or an even more diverse offering of unit types, which could preserve additional greenspace and allow for the creation of a more efficient and inviting site layout. In coordination with the applicant’s request for a deferral, the Planning and Sustainability Department recommends a “Full-Cycle Deferral to the January 2025 zoning agenda” of this application to allow for additional improvements to the proposal to enhance compatibility with adjacent and nearby single-family neighborhoods.
PLANNING COMMISSION VOTE: (Nov. 7, 2024) Two-cycle deferral 6-0-0. Jan Costello moved, Jana Johnson seconded for a two-cycle deferral to the March 2025 zoning agenda. (July 11, 2024) Two-cycle deferral 6-0-0. Jan Costello moved, Jana Johnson seconded for a two-cycle deferral to the November 2024 zoning agenda.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (October 2024) Denial 4-1-2. (June 2024) Two-cycle deferral (9-2-0) to allow for the following: 1. Applicant shall hold another community meeting to narrow down the list of concerns and use Google Earth to verify that correct addresses are being notified. 2. Contact GDOT and DeKalb County Transportation department regarding input on safety issues related to the proposed road entrance off of Flat Shoals Parkway (DeKalb Co. Transportation Department provides Current Planning with comments regarding this application). 3. Verify that there are no school capacity issues with the Board of Education ((DeKalb Co. Schools provides Current Planning with comments regarding this application). 4. Clarify if the proposed units will be rentals or fee-simple ownership.