Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 04 Super District 06
Application of Scope Builders, LLC c/o Battle Law, P.C. for a Special Land Use Permit (SLUP) to allow fuel pumps in an activity center (Town Center) character area in the C-1 (Local Commercial) zoning district, at 3820 and 3828 North Decatur Road.
Body
PETITION NO: N4-2026-0141 SLUP-26-1247927
PROPOSED USE: Fuel pumps (in conjunction with a convenience store and retail).
LOCATION: 3820 and 3828 North Decatur Road, Decatur, GA 30032
PARCEL NO. : 18 012 10 004; 18 012 10 003
INFO. CONTACT: Adam Chappell, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Scope Builders, LLC c/o Battle Law, P.C. for a Special Land Use Permit (SLUP) to allow fuel pumps in an activity center (Town Center) character area in the C-1 (Local Commercial) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (Feb. 2026) Denial.
PLANNING COMMISSION: (March 3, 2026) Denial.
PLANNING STAFF: (March 2026) Denial.
STAFF ANALYSIS: This application is a companion case to Z-26-1247929 and SLUP-26-1247928. The applicant requests a Special Land Use Permit (SLUP) to allow fuel pumps in an activity center (Town Center) character area in the C-1 (Local Commercial) zoning district. The subject property is currently located in an NS (Neighborhood Shopping) zoning district, which only permits fuel pumps in conjunction with an approved SLUP from the Board of Commissioners if the property in question is in an activity center. Likewise, the C-1 zoning district (see Z-26-1247929) only permits fuel pumps with a SLUP. Per the DeKalb County 2050 Unified Plan, “the intent of the Town Center is to promote the concentration of higher intensity residential and commercial uses, which serve several communities surrounding the center, in order to reduce automobile travel, promote walkability, and increase transit usage” (Dekalb County 2050 Unified Plan, pg. 33). This character area is second only to Regional Center (RC) character areas in terms of size, scope and intensity, and like RC character areas, encourages new development to be pedestrian-oriented at street level. The Unified Plan also states that “the edge of the [Town Center] should serve as a transition zone, buffering more intense uses in the core from adjacent single-family neighborhoods and other uses outside the [Town Center’s] boundaries” (DeKalb County 2050 Unified Plan, pg. 33). Although small improvements are proposed to be made to the streetscape zones in County Right-of-Way (ROW) along the properties’ frontages on North Decatur Road and North Indian Creek Road, the proposed addition of fuel pumps to the site and the proposal as a whole becomes increasingly auto oriented and more intense, and increasingly in conflict with the goals of the character area (Section 27-7.4.6. (H)). The properties are physically restricted by their lack of relative depth and the requirement for a 50-foot transitional buffer adjacent to the residential properties zoned R-75 to the north. There are Staff and community concerns that the site is inadequate in size and maneuverability for the proposed fuel pumps; the addition of fuel pumps in what would formerly be parking may exacerbate maneuverability issues on-site. Furthermore, the location of the properties at the intersection of North Decatur Road and North Indian Creek Drive - two minor arterials - could potentially “cause adverse impacts ... by reason of traffic congestion [and] noise” to adjacent residential uses (Section 27-7.4.6. (A, B and D)). While the proposal appears to meet most of the minimum requirements of Section 27-4.2.28. for accessory fuel pumps with respect to Zoning, there may not be sufficient access/egress for Fire/Rescue vehicles (Section 27-7.4.6. (E)). At the Community Council District 4 meeting held on February 17, 2026, there was significant opposition from the community members present as well as from members of Community Council, who echoed the above concerns and voted unanimously to recommend Denial of the application request (Section 27-7.4.6. (N)). Therefore, upon review of the criteria set forth in Section 27-7.4.6. of the Zoning Ordinance, the Planning and Sustainability Department recommends a “Denial” of the subject request for a Special Land Use Permit (SLUP).
PLANNING COMMISSION VOTE: (March 3, 2026) Denial 5-2-0. Motion was made by Commissioner Osler, seconded by Commissioner Costello denial, per Staff recommendation. Commissioner Murphy and Commissioner Patton opposed.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (Feb. 2026) Denial 10-0-0.