Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 04 Super District 06
Application of Murtaza Mohammadzai to rezone property from R-85 (Residential Medium Lot-85) zoning district to C-1 (Local Commercial) zoning district to allow a tire shop and emissions station, at 4700 East Ponce de Leon Avenue.
Body
PETITION NO: N6-2026-0450 Z-26-1248013
PROPOSED USE: Tire shop and emissions station.
LOCATION: 4700 East Ponce de Leon Avenue, Stone Mountain, Georgia 30083
PARCEL NO. : 18 142 01 012
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Murtaza Mohammadzai to rezone property from R-85 (Residential Medium Lot-85) zoning district to C-1 (Local Commercial) zoning district to allow a tire shop and emissions station.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (April 2026) Denial.
PLANNING COMMISSION: (May 5, 2026) Pending.
PLANNING STAFF: (May 2026) Denial.
STAFF ANALYSIS: The applicant requests to rezone the subject property from R-85 (Residential Medium Lot-85) to C-1 (Local Commercial) to allow a tire shop and emissions station. This proposed use is not compatible with the surrounding development pattern, which is characterized by low- to medium-density residential uses. Previously the use of the site was a daycare center, which represented a lower-intensity, neighborhood-serving use. The subject property is located at the intersection of three (3) jurisdictions-DeKalb County, the City of Clarkston, and the City of Tucker. Both the City of Clarkston and the City of Tucker have submitted letters of opposition, citing conflicts with their respective planning objectives. The DeKalb 2050 Unified Plan designates the site within the Suburban (SUB) Character Area, which encourages well-designed, small-scale, and context-sensitive infill development that preserves neighborhood character (pg. 14). While C-1 is a permitted zoning district within this character area, the primary intent is to support established residential neighborhoods and low-impact uses such as small-scale retail, healthcare, civic, and institutional uses which characterize the surrounding development pattern. The proposed automotive use is more intensive and does not align with these objectives. Additionally, the rezone request is not consistent with DeKalb County Stone Mountain Trail Master Plan, to support pedestrian oriented design and connectivity and broader community enhancement along this transitional corridor. The site contains two structures which include a primary single-family house with a basement and one accessory structure per the submitted survey (“Sheet 1,” dated February 12, 2026). As it exists, the subject site appears to be legally nonconforming (pavement/parking and accessory structure in the front yard). Any site development may require compliance and/or variances. The applicant has not provided sufficient detail demonstrating how the site will be modified to accommodate the proposed use or comply with applicable zoning requirements, including Section 5.4.5 (Transitional Buffers) and Section 4.2.14(C) (Automobile Repair and Maintenance Establishments, Minor). Notably, a 50-foot Class “C” transitional buffer is required along the eastern property line adjacent to R-85 zoning, and compliance has not been demonstrated. Interdepartmental comments (enclosed) indicate that MARTA does not generally support the rezoning of residential uses to a non-transit friendly use such as an auto-oriented use. The proposed rezoning is inconsistent with the primary intent of the SUB Character Area and incompatible with the surrounding majority single-family and institutional development pattern. Therefore, pursuant to Sec. 27-7.3.5 (A-H), Staff recommends “Denial”.
PLANNING COMMISSION VOTE: (May 5, 2026) Pending.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (April 2026) Denial 8-0-2.