Public Hearing: YES ☐ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 03 Super District 07
Application of Cultivate Community c/o Battle Law, P.C. to rezone property from R-100 (Residential Medium Lot-100) zoning district to RSM (Small Lot Residential Mix) zoning district to allow for the construction of up to sixty-four (64) single-family, attached dwellings, at 5370, 5384 and 5378 Flat Shoals Parkway.
Body
PETITION NO: N7-2024-0633 Z-24-1247008
PROPOSED USE: Up to sixty-four (64) single-family, attached dwellings.
LOCATION: 5370, 5384, and 5378 Flat Shoals Parkway, Decatur, Georgia 30034
PARCEL NO. : 15 066 01 062, 15 066 01 012, 15 066 01 011
INFO. CONTACT: Adam Chappell, Sr. Planner
PHONE NUMBER: 404-371-4922
PURPOSE:
Application of Cultivate Community c/o Battle Law, P.C. to rezone property from R-100 (Residential Medium Lot-100) zoning district to RSM (Small Lot Residential Mix) zoning district to allow for the construction of up to sixty-four (64) single-family, attached dwellings.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: Two-cycle deferral.
PLANNING COMMISSION: Two-cycle deferral.
PLANNING STAFF: (rev. 07.17.2024) Two-cycle deferral.
STAFF ANALYSIS: The applicant, Cultivate Community c/o Battle Law, P.C., is seeking to rezone the subject properties from the R-100 (Residential Medium Lot-100) Zoning District to the RSM (Small Lot Residential Mix) Zoning District in order to construct up to 64 single-family, attached dwellings (townhomes). The subject properties are currently undeveloped and are surrounded by R-100 zoned single-family detached dwellings, the majority of which are part of larger established subdivisions that appear to have been developed in the early 1970s. The subject properties are located within a Suburban (SUB) Character Area, which includes the RSM Zoning District as one of the allowable zoning district choices in relation to the DeKalb County 2050 Unified Plan. The Suburban Character Area intends to “permit small scale infill such as cottage court development, accessory housing units, small-scale infill and other innovative housing types to increase housing choice and income diversity without significantly altering established neighborhood development patterns”. (DeKalb County 2050 Unified Plan, pg. 41) While the rezoning proposal appears to be consistent with the strategies of the SUB Character Area to provide small scale infill housing to increase housing choice and income diversity, the proposed townhome land use and density of 7.5. units per acre may conflict with the intent of the SUB Character Area by significantly altering established neighborhood development patterns. The adjacent and surrounding area is comprised of R-100 zoned single-family detached residential at densities of approximately one-and-a-half (1.5) to two (2) units per acre. Significantly altering established development patterns could adversely impact adjacent and surrounding properties (see Section 27-7.3.5. (A, B, and D) of the Zoning Ordinance). In addition to potentially significantly altering established neighborhood development patterns due to the proposal’s townhome land use and density, the proposed site plan does not appear to comply with several RSM zoning requirements which further adversely impacts compatibility with the surrounding R-100 zoned single-family detached residential communities as shown below: • The proposed mulch trails along the perimeter of the development site appear to encroach into the transitional buffers; Section 5.4.5 of the Zoning Ordinance requires transitional buffers to remain undisturbed “except where necessary to remove dead or diseased trees and undergrowth or to enhance the buffer with additional landscaping in order to provide a screen so as to prevent view of the higher density development from the lower density development”. • The proposed private streets may not meet the minimum dimensional requirements of the Land Development Code (Chapter 14), in particular in the rear portion of the development site. It is unknown if the proposed “20’ Road width/45’ ROW” is sufficient to meet multiple County Code requirements. Likewise, the proposed cul-de-sac on the western side of the development site may not be wide enough to meet Fire Code requirements. • The site plan does not specify if the units are proposed as fee-simple townhomes with individual lots (with front and rear yards) or condominiums. This could affect compliance with development standards such as setbacks, lot coverage, and open space. • The subject properties in their existing form appear to be heavily forested, and it is unknown if the proposed development would be in accordance with the Land Development Code with respect to tree protection. It appears possible that a significant amount of existing undeveloped greenspace would be eliminated. The Suburban Character Area, as defined by the DeKalb County 2050 Unified Plan, states that “new development should be designed to preserve existing undeveloped greenspace.” (DeKalb County 2050 Unified Plan, pg. 41) • The RSM Zoning District allows for a base maximum density of four (4) units per acre, and up to eight (8) units per acre with bonus density qualifying standards as per Section 2.12.7. The site plan proposes approximately 7.5 units per acre with proposed public improvements including a “Public Art Piece” and additional enhanced open space. It is unknown if a portion of the proposed enhanced open space per the calculation is located with the required transitional buffers, which would reduce the maximum density if included in the current calculation (as the encroachment within the buffers is not permitted). While attached units and RSM zoning are generally allowed as a development choice in appropriate locations in SUB Character Areas, the proposal as it currently stands on the subject properties does not appear to be in conformance with the policies and strategies of the SUB Character Area (Section 7.3.5. (A)) to not significantly alter established neighborhood development patterns (Section 7.3.5. (B and D)). A change in land use to single-family detached cottages, a reduction in the number of units, and limiting the areas of disturbance may result in a proposal that is more appropriate. However, to allow the applicant time to address these concerns, staff recommends (rev. 07/17.2024) a “Two-cycle deferral to the November 2024 zoning agenda”.
PLANNING COMMISSION VOTE: (July 11, 2024) Two-cycle deferral 6-0-0. Jan Costello moved, Jana Johnson seconded for a two-cycle deferral to the November 2024 zoning agenda.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: Two-cycle deferral (9-2-0) to allow for the following: 1. Applicant shall hold another community meeting to narrow down the list of concerns and use Google Earth to verify that correct addresses are being notified. 2. Contact GDOT and DeKalb County Transportation department regarding input on safety issues related to the proposed road entrance off of Flat Shoals Parkway (DeKalb Co. Transportation Department provides Current Planning with comments regarding this application). 3. Verify that there are no school capacity issues with the Board of Education ((DeKalb Co. Schools provides Current Planning with comments regarding this application). 4. Clarify if the proposed units will be rentals or fee-simple ownership.