Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 05 Super District 07
Application of Valrie Kong-Quee to rezone property from R-100 (Residential Medium Lot-100) zoning district to C-1 (Local Commercial) zoning district to allow for an administrative office associated with a landscaping business, at 1422 Rock Chapel Road.
Body
PETITION NO: D5-2024-0630 Z-24-1246999 (from September agenda)
PROPOSED USE: Administrative office associated with a landscaping business.
LOCATION: 1422 Rock Chapel Road, Lithonia, GA 30058
PARCEL NO. : 16 189 01 003
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-4922
PURPOSE:
Application of Valrie Kong-Quee to rezone property from R-100 (Residential Medium Lot-100) zoning district to C-1 (Local Commercial) zoning district to allow for an administrative office associated with a landscaping business.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (August 2024) Full cycle deferral. (June 2024) Approval with one condition.
PLANNING COMMISSION: (September 12, 2024) Denial. (July 11, 2024) Two-cycle deferral.
PLANNING STAFF: (September recommendation) Denial.
STAFF ANALYSIS: The applicant, Valrie Kong-Quee, is seeking to rezone from R-100 (Residential Medium Lot-100) to C-1 (Local Commercial) Zoning District to allow for an administrative office associated with a landscaping business. Enviro Express Property Management, LLC has a total of eighteen (18) employees, two (2) of which work in the building located at the subject site performing administrative operations from 6:30 AM to 6:30 PM Monday through Friday. In 2023, a Rezone and Land Use Amendment application was filed for 1422 and 1450 Rock Chapel Road to rezone the properties from R-100 (Residential Medium Lot -100) to M (Light Industrial) to operate a landscaping company, upgrade and expand the existing building, and add additional parking. These applications were Withdrawn without Prejudice by the Board of Commissioners on April 25th, 2023. The site was paved (56,454 square feet of asphalt pavement) by the previous owner to store dump trucks and highway construction materials. Since the land is zoned single-family R-100, these illegal uses were discovered because of a complaint to DeKalb County Code Compliance. Even if this rezoning is approved, outdoor storage of trucks and/or landscaping equipment, and landscaping materials would not be permitted. The existing zoning of R-100 may be inconsistent with adjacent and surrounding land uses consisting of low density rural residential, an active land fill, and industrial businesses. It may be more viable for the applicant to consider rezoning to OI (Office Institutional) to operate as an office use. OI is permitted in SUB Character Areas and limits the type of uses the subject site would permit, minimizing adverse impacts of spot zoning specific to a desired use and protecting the surrounding SUB Character area from the higher intensity uses allowed by right in C-1. Ideally, an appropriate transition of zoning would be between the industrial uses to the east and west and single-family residential uses to the north and south. According to the 2050 Unified Plan, SUB character areas allow for commercial service uses at major intersections which provide increased connectivity and accessibility. The proposal and subject site do not appear to support this intent since there are no major intersections in the immediate vicinity. This application was deferred from the July 25th Board of Commissioner meeting. Since that time, the applicant has addressed some of Staff’s concerns including a submission of an accurate surveyed site plan titled “Rock Chapel Road Improvements” (see enclosed) which shows the proposed improvements on the five (5) acre site. The plan shows that the existing paved area in the northwest and southwest corners encroach into the required 50-foot transitional buffer. The applicant has stated their intent to remove these encroachments. The applicant has incorporated four (4) parking spaces as required by Section 6.1.4 Off Street Parking Ratios of (Office, Professional) one (1) space for each five hundred (500) square feet of floor area and provides compliance with Section 5.4.4. Site and parking area landscaping (D 1-10). The site plan also shows the required 5-foot landscape strip and 10-foot multiuse path along Rock Chapel Road per GDOT (Georgia Department of Transportation) requirements. Furthermore, the applicant has addressed compliance with Supplemental Regulations A. and B. listed in Section 4.2.16 Building and Construction Office, Landscape Contractors. The existing building appears to comply with the C-1 zoning district requirements of the Non-Residential Dimensional Requirements (Section 2.24.1). The applicant has stated there is no proposed new site development or new construction to the existing building or grounds. Interdepartmental Comments are enclosed. While the proposed office use and existing building comply with the requirements of the C-1 zoning district, the revised plan does present site deficiencies. Additionally, since there are no major intersections within the immediate vicinity, the proposal and site do not appear to be consistent with the policies and strategies of the SUB Character Area to allow for commercial uses at major intersections. Furthermore, it appears the proposal may detract from the SUB character area goals to protect established residential areas and support “spot zoning” that may be inconsistent with the surrounding R-100 zoning and may cause adverse impacts on adjacent and surrounding properties by permitting higher intensity uses allowed by right in C-1. Therefore, upon review of Section 7.3.5 (A, B, D, and H) of the Zoning Ordinance, Staff recommends a “Denial”. However, should the Board of Commissioners seek approval, Staff recommends the attached conditions.
PLANNING COMMISSION VOTE: (September 12, 2024) Denial 8-1-0. Jan Costello moved, Edward Patton seconded for denial per staff recommendation. Deanna Murphy opposed. (July 11, 2024) Two-cycle deferral 6-0-0. Jan Costello moved, Edward Patton seconded for a two-cycle deferral to the November 2024 zoning agenda, per staff recommendation.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (August 2024) Full cycle deferral 8-0-0. (June 2024) Approval 7-0-0 with the condition that the use be restricted to an administrative office only.