Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): 3 and 7
Application of Cultivate Communities c/o Battle Law, P.C. to rezone property from the R-100 (Residential Medium Lot-100) zoning district to the RSM (Small Lot Residential Mix) zoning district to allow a residential development.
Body
PETITION NO: N5-2026-1264 Z-26-1248278
PROPOSED USE: Residential development.
LOCATION: 5370, 5378 & 5384 Flat Shoals Parkway, Decatur, GA 30034
PARCEL NO. : 15 066 01 012; 15 066 01 062; 15 066 01 011
INFO. CONTACT: John Reid, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Cultivate Communities c/o Battle Law, P.C. to rezone property from the R-100 (Residential Medium Lot-100) zoning district to the RSM (Small Lot Residential Mix) zoning district to allow a residential development.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (Oct. 2026) Approval with a condition.
PLANNING COMMISSION: (Nov. 5, 2026) Pending.
PLANNING STAFF: Denial.
STAFF ANALYSIS: Based on the submitted information, the mixed-residential application appears to be consistent with the strategies and policies of the Suburban (SUB) Character Area which 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 proposed density of 5.75 dwelling units per acre is consistent with the maximum densities allowed by SUB of up to 8 units per acre. The proposal also contributes to the SUB goals to protect existing single-family subdivisions in the surrounding area by providing the required 20-foot transitional buffer around the perimeter of the site. While 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, these types of projects appear to be more appropriate at or adjacent to major nodes/intersections and/or adjacent to institutional uses to provide a more appropriate transition between land uses and create opportunities for pedestrian connectivity. Additionally, The DeKalb Land Development Department indicates that a Traffic Impact Study (TIS) should be completed which addresses the safety of left turns into the project and drive-way spacing (see comments enclosed). There are stormwater concerns relating to where the system will discharge. There are also flood hazard comments indicated that a hydrological study be completed to show the change in run-off from existing site conditions, an R-100 development, and an RSM development. The DeKalb County Land Development Department does not recommend rezoning unless all these comments are addressed. Therefore, upon review of Section 7.3.5.B (Compatibility with surrounding properties), Section 7.3.5. G (Burdensome use of existing transportation facilities and utilities), and Section 7.3.5. H (adverse impacts on environment and surrounding natural resources), it is the recommendation of the Planning & Sustainability that the rezoning application be “Denied”.
PLANNING COMMISSION VOTE: (November 5, 2026) Pending.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (Oct. 2026) Approval (6-2-0) with the condition that a traffic impact study be completed and shared with the community at a community meeting.