Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 04 Super District 06
Application of Marvin Gavins, II to rezone property from R-75 (Residential Medium Lot-75) zoning district and Tier 2 of the Scottdale Overlay district to RSM (Small Lot Residential Mix) zoning district and Tier 1 of the Scottdale Overlay District to allow for the development of a duplex, at 447 Warren Avenue.
Body
PETITION NO: N1-2025-1221 Z-25-1247710
PROPOSED USE: Development of a duplex.
LOCATION: 447 Warren Avenue, Scottdale, Georgia 30079
PARCEL NO.: 18 046 04 176
INFO. CONTACT: Adam Chappell, Sr. Planner, AICP
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Marvin Gavins, II to rezone property from R-75 (Residential Medium Lot-75) zoning district and Tier 2 of the Scottdale Overlay district to RSM (Small Lot Residential Mix) zoning district and Tier 1 of the Scottdale Overlay District to allow for the development of a duplex.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (Oct. 2025) Full-cycle deferral.
PLANNING COMMISSION: (November 6, 2025) Pending.
PLANNING STAFF: Approval with Conditions.
STAFF ANALYSIS: The subject property comprises approximately 7,500 square feet and is vacant at the time of this analysis. The property is located within a Traditional Neighborhood (TN) Character Area, per the DeKalb 2050 Unified Plan. The intent of the TN Character Area is “to preserve the style and appeal of older traditional neighborhood communities. These areas primarily consist of residential areas in older parts of the community that were typically developed prior to World War 2 (WWII). These characteristics include higher pedestrian orientation, sidewalks and more grid-like street patterns. They have on-street parking, small, regular lots, and buildings closer to the front property line...” In terms of land use compatibility, the TN Character Area permits “cottage court developments, accessory housing units, new well-designed, small-scale infill multifamily residences, and other innovative housing types to increase housing choice, income diversity, and limited neighborhood density” (DeKalb 2050 Unified Plan, page 43). The applicant, Marvin Gavins II, proposes rezoning the subject property from the R-75 (Residential Medium Lot-75) Zoning District and Tier 2 of the Scottdale Overlay District to the RSM (Small Lot Residential Mix) Zoning District and Tier 1 of the Scottdale Overlay District to allow for the development of a two-family (duplex) dwelling. Tier 2 of the Scottdale Overlay District covers the approximate area of the Overlay designated as Central Scottdale and Eskimo Heights. Tier 2 notably does not permit two-family dwellings, only permitting single-family detached dwellings at a maximum density of six (6) units per acre by-right. However, the subject property is adjacent to properties to the north and east that are located within Tier 1, covering the North Decatur Road Corridor of the Overlay; Tier 1 specifically allows for higher-density and mixed-uses, including single-family attached townhomes and multifamily dwellings at a density of up to 12 units per acre. The property designated as 3485 Creekview Place to the immediate east is improved with a multifamily development; the properties designated as 451-460 Warren Avenue to the immediate north are vacant but could theoretically be developed with a higher density townhome or even nonresidential development, provided it met the development standards of Section 3.36.10. of the Zoning Ordinance. While the rest of Warren Avenue to the south of North Decatur Road is developed with a handful of single-family detached dwellings, the proposal to rezone the subject property for a two-family dwelling could be seen as establishing a middle transition zone between areas of lower density to the south and higher density to north - consistent with the goals of the DeKalb 2050 Unified Plan (Section 7.3.5. (A)). There is a precedent for such a transition across North Decatur Road at the property designated as 491 Warren Avenue, which, although undeveloped at the time of this analysis, could be developed with a similar two-family dwelling by-right. The original site plan and renderings submitted by the applicant show the proposed dwelling units side-by-side, which Staff does not believe is compatible with the existing character and orientation of other dwellings along Warren Avenue and Tier 2 of the Overlay District. A design that more closely resembles a single-family dwelling, with a second unit entrance in the rear of the structure, would, in the opinion of Staff, provide a proper and more seamless transition from multifamily and attached townhome dwellings to single-family detached dwellings. This modified duplex design, similar to what is common in adjacent municipalities such as the Cities of Atlanta and Decatur, would appear to be suitable in view of the use and development of adjacent and nearby properties (Section 7.3.5. (B)). Staff correspondence with the applicant has indicated a willingness to incorporate a modified design that is more sensitive to existing housing stock along Warren Avenue. In addition, the request to rezone the subject property to the RSM Zoning District - which could be considered “spot zoning” as both properties to the north and south have an underlying zoning of R-75 - has been eliminated. Therefore, upon review of the criteria under Section 7.3.5. of the Zoning Ordinance, the Planning and Sustainability recommends “Approval with the attached conditions”.
PLANNING COMMISSION VOTE: (November 6, 2025) Pending.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (October 2025) Full-cycle deferral 7-1-0.