Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 04 Super District 06
Application of David M. Cesar to rezone property from NS (Neighborhood Shopping) zoning district to O-I (Office-Institution) for a child day care center for more than six (6), at 3960 Rockbridge Road.
Body
PETITION NO: N9-2024-1110 Z-24-1247191
PROPOSED USE: Child day care center.
LOCATION: 3960 Rockbridge Road, Stone Mountain, Georgia 30083
PARCEL NO. : 18 043 02 009
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of David M. Cesar to rezone property from NS (Neighborhood Shopping) zoning district to O-I (Office-Institution) for a child day care center for more than six (6) children.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (October 2024) Approval.
PLANNING COMMISSION: (November 7, 2024) Two-cycle deferral.
PLANNING STAFF: Approval with Conditions.
STAFF ANALYSIS: The applicant is seeking to rezone the subject property from the NS (Neighborhood Shopping) Zoning District to the O-I (Office Institutional) Zoning District to allow for a child daycare center for more than six (6) children in an existing building. In 2016 the subject site was rezoned from OI to NS (Z-73131) to allow a coffee shop and bakery (Jebena Coffee Shop) within an existing 1,500 square foot building. The current application would be reverting the subject site’s zoning back to OI and remove the conditions (CZ-16-20320) limiting the use to a coffee shop and bakery. The subject site is in a Suburban (SUB) Character Area, adjacent to a Town Center (TC) Character Area along the western property line. The rezone proposal aligns with SUB Character Area policies, which allow limited non-residential development outside stable single-family neighborhoods (2050 Unified Plan, Pg. 41). The nearby intersection of Memorial Drive and Rockbridge Road includes commercial, neighborhood shopping, and office zoning. The proposal will support a transition from commercial to residential uses adjacent to the TC which calls for a robust mixture of office, retail, restaurant, and residential uses. As a Prepared 10/28/2024 by: AKF Page 2 Z-24-12467191 neighboring parcel to the TC area, a child day care center could serve the local surrounding communities. As future site development/redevelopment in and around the TC occur, there may be reduced vehicular traffic, walkability, and increase transit use along a MARTA bus route. Subject Site Review: While the proposed zoning and land use appear to be consistent with the surrounding area, the subject site appears to be a non-conforming lot (Section 8.1.3. - Legal nonconforming lot). Although the Applicant did not submit a survey, the subject site does not appear to meet all of the dimensional requirements from Section 2.24.1 Table 2.2 Non-residential Dimensional Requirements, and other site requirements of the Zoning Ordinance (Section 6.1.4 Off Street Parking Ratios, Section 5.4.4. Site and parking area landscaping (D 1-10), Section 5.4.3 Streetscape Elements and Dimensions). If and/or when development may occur, appropriate development standards and setbacks and for OI zoning districts will have to be met, as conditioned herein. OI zoning districts require parking to be located in the rear of a site based upon Section 6.1.3. - Parking regulations, off-street parking spaces (5). Thus, the Applicant may be subject to variance(s) for off street parking and/or other future development plans. The applicant has met Supplemental Requirements of Section 4.2.19. - Child day care facility (up to six children), or child day care center (seven or more children). There were no major findings from the Interdepartmental comments, however, comments should be reviewed (enclosed). Particularly, comments from Dekalb County Roads and Drainage for the recommendation of a “children at play” sign installation. The proposed O-I zoning district is consistent with the zoning districts in the surrounding area and provides a transition between the commercial zoning to the west and the residential to the east. As the demands for childcare continues to grow, well-planned town centers should integrate access to these critical services near residential and commercial hubs. The subject site is located along a public transit route, improving accessibility measures. Therefore, upon review of Section 7.3.5 (A-H) of the Zoning Ordinance, Staff recommends “Approval, with the attached conditions”.
PLANNING COMMISSION VOTE: (November 7, 2024) Two-cycle deferral 6-0-0. LaSonya Osler moved, Vivian Moore seconded for a two-cycle deferral to the March 2025 zoning agenda.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (October 2024) Approval 11-0-1.