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: N4-2024-0630 Z-24-1246999
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: Approval with one condition.
PLANNING COMMISSION: (July 11, 2024) Two-cycle deferral.
PLANNING STAFF: Two-Cycle Deferral.
STAFF ANALYSIS: The applicant, Valrie Kong-Quee, is seeking to rezone from R-100 (Residential Medium Lot-100) Zoning District to the Local Commercial (C-1) 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 These applications were Withdrawn without Prejudice by the Board of Commissioners on April 25th, 2023.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 used by the previous owner to store dump trucks and highway construction materials. Since the land is zoned R-100, these illegal uses were discovered because of a complaint to DeKalb County Code Compliance. Based on a site visit by Staff, it appears the subject site is still storing industrial trucks. Even if this rezoning is approved, outdoor storage of trucks and/or landscaping equipment, and landscaping materials would not be permitted. The current zoning of R-100 may be inconsistent with adjacent zoning districts and surrounding land uses. The subject property is in a Suburban (SUB) character area, the site is along a major arterial road and Industrial (M) and Light Industrial (LIND) zoning districts are in the immediate vicinity. C-1 may provide an appropriate transition between the industrial uses to the east and west and single-family residential uses to the north and south. However, 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. However, based on the current surrounding development pattern comprising low density rural residential, an active land fill, and industrial business, Rock Chapel Road is not safe for pedestrian activity. It may be more viable for the applicant to consider rezoning to OI (Office Institutional) to operate 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 higher intensity uses allowed by right in C-1. The applicant has submitted a surveyed site plan “1422 Rock Chapel Road Improvements” (see enclosed) of the approximately five (5) acre site and the existing one-story structure. The site plan does not specify lot coverage or display the existing truck parking area in the rear of the property. The existing truck parking area in the southwestern corner appears to encroach into the required 50-foot transitional buffer. An additional variance would be required for this parking area to remain. This parking area must be paved, and striped and have required landscape islands and buffers. The site plan also fails to display parking spaces provided/required per Section 6.1.4 Off Street Parking Ratios of (Office, Professional) one (1) space for each five hundred (500) square feet of floor area or meet Section 5.4.4. Site and parking area landscaping (D 1- 10). The site plan does not show the 5-foot landscape strip and the 10-foot multiuse path along Rock Chapel Road per GDOT (Georgia Department of Transportation) requirements. Furthermore, the applicant has not 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 exterior building materials requirements set forth in Section 5.7.4 and 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 site development or construction to the existing building or grounds. There were no major findings from the Interdepartmental comments, however, comments should be reviewed (enclosed). It appears the proposal may not detract from the goals of the SUB character area, specifically along this major arterial. While the building meets the requirements of a C-1 zoning district, the site appears to be deficient. Based on the history of the site it may be necessary for the applicant to take the appropriate actions to address the land development processes and zoning district requirements which have been neglected prior to granting a rezoning: 1. Address Supplemental Regulations in Section 4.2.16 Building and Construction Office, Landscape Contractors 2. Striping the parking area(s); 3. Removing industrial trucks (storage and parking of truck fleet vehicles are not allowed); 4. Meet the lot coverage; 5. Site cleanup efforts including but not limited to site and parking area landscaping and removal of fenced in dog day run in the front yard. Therefore, upon review of Section 7.3.5 (A, D, E, G, and H) of the Zoning Ordinance, Staff recommends a “Two-cycle deferral to the November 2024 zoning agenda to allow the applicant to remedy site specific development concerns and supply a correct site plan to Staff”.
PLANNING COMMISSION VOTE: (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: Approval (7-0-0) with the condition that the use be restricted to an administrative office only.