Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 05 Super District 07
Application of Sunlight Leaf, LLC c/o Battle Law, P.C. to rezone property from R-75 (Residential Medium Lot-75) to R-60 (Residential Small Lot-60) to allow a cottage home development, at 1437 and 1453 South Indian Creek Drive.
Body
PETITION NO: N1-2026-0138 Z-26-1247920
PROPOSED USE: Cottage home development.
LOCATION: 1437 and 1453 South Indian Creek Drive, Stone Mountain, GA 30083
PARCEL NO. : 15 222 03 014; 15 222 03 033
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Sunlight Leaf, LLC c/o Battle Law, P.C. to rezone property from R-75 (Residential Medium Lot-75) to R-60 (Residential Small Lot-60) to allow a cottage home development
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (Feb. 2026) Approval.
PLANNING COMMISSION: (March 3, 2026) Full-Cycle Deferral.
PLANNING STAFF: (March 2026) Approval with Conditions_rev. 03.12.2026.
STAFF ANALYSIS: The applicant is seeking to rezone the subject property from the R-75 (Residential Medium Lot-75) Zoning District to the R-60 (Residential Medium Lot-60) Zoning District for a cottage home development with twenty-nine (29) fee-simple (owner occupied) units. The proposal mostly supports the intent of the R-60 zoning district and SUB (Suburban) Character Area. However, Staff has included feedback to strengthen the design of the site plan to better align with goals of the Section 27-5.7.9 (single family, cottage development). The proposal of approximately five (5) units/acre is consistent with the SUB Character Area which allows up to eight (8) units/acre. The proposed single-family cottage development includes three (3) small home types, including seven (7) units with carports, clustered around one (1) courtyard. This concept aligns with the SUB Character Area policies of the DeKalb 2050 Unified Plan, which support cottage court developments that provide well-designed, small-scale infill that expands housing choice and income diversity while maintaining limited neighborhood density (pg.14). The proposal includes a maximum building height of two (2) stories and would not be expected to adversely affect the existing use of adjacent or nearby properties, comprised of 2-story single-family, detached homes. According to Section 27-5.7.9 - Single-family, cottage development (D) Development Standards, individual lots within the cottage development are exempt from the base zoning district standards for lot area, lot width, setbacks, and lot coverage. However, the lot area, width, setbacks, and lot coverage apply to the overall cottage development parcel. Based on the site plan submitted (“Sheet C-1+ Rezoning Site Plan dated and revised 3/10/26) the proposal meets these requirements as well as the required parking spaces (47 spaces provided) from Section 27-6.1.4 - off street parking ratios. Relatively minor refinements include the following: Required porches and design standards from Section 27-5.7.9 (G) are not shown. Units #7-#14 facades/porches shall face the enhance open greenspace. A sidewalk connection between unit #1- #6 and S. Indian Creek Drive are not provided. Sidewalk connection along the western portion of the development and southern portion of the development are not provided. Verification that the maximum cottage-to-parking distance remains under 200’ as stated in Section 27-5.7.9 (F). An additional bike rack along the south portion of the property. The retaining wall along the northern side of the property should show the proposed height from grade. A variance may be sought. Other interdepartmental comments (enclosed) should be considered, particularly the following: - Transportation Division (Labeled as “Zoning Comments”) - Land Development Division - Public Works (Water and Sewer) Department The proposal is consistent with the intent of the SUB Character Area and compatible with the surrounding development pattern. The cottage-style housing type provides an opportunity for smaller-scale residential infill; however, the current layout functions primarily as a vehicular circulation loop and the central open space may have limited visibility and accessibility due to its relationship with internal drives and rear lot lines. With refinements to strengthen the pedestrian orientation and functionality of the open space, the development could better achieve the intent of a cottage-style community. Therefore, pursuant to Sec. 27-7.3.5 (A-H), Staff recommends “Approval, with the attached conditions” to allow further site plan refinement.
PLANNING COMMISSION VOTE: (March 3, 2026) Full-Cycle Deferral 7-0-0. Motion was made by Commissioner Costello, seconded by Commissioner Patton for a full-cycle deferral to the May 2026 zoning agenda.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (February 2026) Approval 3-2-0.