SUBSTITUTE
Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 04 Super District 07
Application of Ekwy Love for a Special Land Use Permit (Slup) to Allow an In-Home Child Day Care for Up to Six (6) in the RSM (Small Lot Residential Mix) Zoning District, At 498 Crestwood Court.
Body
PETITION NO: N2-2024-0628 SLUP-24-1246991
PROPOSED USE: In-home child day care, up to six (6).
LOCATION: 498 Crestwood Court, Lithonia, GA 30058
PARCEL NO. : 18 026 04 039
INFO. CONTACT: Lucas Carter, Planner
PHONE NUMBER: 404-371-4922
PURPOSE:
Application of Ekwy Love for a Special Land Use Permit (SLUP) to allow an in-home child day care for up to
six (6) in the RSM (Small Lot Residential Mix) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: Approval with 1 condition.
PLANNING COMMISSION: (July 11, 2024) Full cycle deferral.
PLANNING STAFF: Approval with Conditions
STAFF ANALYSIS: This application for a Special Land Use Permit (SLUP) is for a proposed child daycare facility at a single-family residential property located at 498 Crestwood Court. The applicant specializes in the care of special needs children aged six (6) weeks to twelve (12) years. The daycare operates from 6:30 AM to 6:30 PM, as per the submitted impact statement. The applicant has submitted state licenses from 2011 to 2024. If this SLUP is approved by the BOC, the applicant will be required to obtain a county business license. The property has an area of 8,712 square feet. All necessary yards, open space, off-street parking, and other zoning requirements appear to be met. The applicant has garnered substantial community support, with 23 signatures and 3 letters from neighbors in support of the daycare, including those from most surrounding neighbors. The property is located within a Residential Small Mix (RSM) subdivision, and the proposed use is deemed compatible with the surrounding properties since it complies with the supplemental regulations. It appears that Crestwood Court has adequate traffic capacity to handle the traffic generated by the daycare, and ingress and egress from the property are sufficient, with direct access to the street ensuring pedestrian and automotive safety. Public services, facilities, and utilities are generally adequate to serve the proposed use. The daycare’s operating hours are unlikely to negatively impact neighboring properties, as the center has operated for two decades without major concerns from immediate neighbors. The proposed use aligns with the criteria specified by section 27-4.2.19, which are supplemental regulations for child daycares, and it promotes the policies of the comprehensive plan for Suburban (SUB) Character Areas to provide essential services to residential communities (Section 2, Page 41). Furthermore, the proposed utilization within an already established single-family residence. aligns with the surrounding homes, with no plans for expansions or additions that would create inconsistencies with adjacent lots and buildings. There are no known historic buildings, sites, districts, or archaeological resources in the immediate vicinity that would be adversely affected by the proposed use. The proposed use satisfies all requirements contained within the supplemental regulations for an in-home daycare special land use permit. This application for a Special Land Use Permit (SLUP) at 498 Crestwood Court aims to establish a child daycare facility specializing in special needs children. With the submission of the site plan, floor plan, state licenses, and community support, the concerns regarding the adequacy of public services and the history of the business appear to have been addressed. Therefore, staff recommends “Approval of the application, with the attached recommended conditions”.
PLANNING COMMISSION VOTE: (July 11, 2024) Full cycle deferral 6-0-0. LaSonya Osler moved, Jana Johnson seconded for a full cycle deferral to the September 2024 zoning agenda, per staff recommendation.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: Approval (10-0-0) with the condition that the SLUP be non-transferable.