Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 04 Super District 07
Application of Dr. Claudette Spencer to rezone property from R-75 (Residential Medium Lot-75) zoning district To MR-1 (Medium Density Residential-1 zoning district to allow for an adult day care facility, at 911 Mountain View Drive.
Body
PETITION NO: D7-2024-0626 Z-24-1246990
PROPOSED USE: Adult day care facility
LOCATION: 911 Mountain View Drive, Stone Mountain, GA 30083
PARCEL NO. : 18 091 03 035
INFO. CONTACT: John Reid, Sr. Planner
PHONE NUMBER: 404-371-4922
PURPOSE:
Application of Dr. Claudette Spencer to rezone from R-75 (Residential Medium Lot-75) zoning district to MR-1 (Medium Density Residential-1) zoning district to allow for an adult day care facility.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (October 2024) Approval. (June 2024) Approval with conditions.
PLANNING COMMISSION: (Nov. 7, 2024) Approval. (July 11, 2024) Full cycle deferral.
PLANNING STAFF: Approval.
STAFF ANALYSIS: The proposed request is to rezone from R-75 (Residential Medium Lot-75) to MR-1 (Medium Density Residential-1) at 911 Mountain View Road in Stone Mountain, Georgia is necessary to permit the operation of an Adult Day Care Center within the existing building with the intention to operate during daylight hours, 9 AM to 6 PM, and will not provide overnight accommodation. The property includes three bathrooms (including a handicap-accessible shower), an office, a quiet room, a medication room, a large dining room, a television room, a laundry room, and a kitchen according to the application. Additionally, it features four entry points, two of which are handicap-accessible ramps equipped with alarms. The premises also includes a large rear patio, a covered deck for outdoor seating, and an acre of grassy open space. To the north and west, there are CRC (Commercial Redevelopment Corridor) uses, which include the C-1 (Local Commercial) and MR-1 (Medium-Density Residential-1) zoning districts. To the south, the property borders SUB (Suburban) land uses within the RSM (Residential Small Mix) district. Therefore, it appears that the proposed MR-1 zoning and Adult Day Care Center is compatible with surrounding land uses, and the proposed MR-1 zoning is consistent with the MR-1 zoning to the west. Additionally, the planned use aligns with the current infrastructure and has property frontage along a two-lane collector road. The existing house on the property has sufficient amenities to support the operations of an Adult Day Care Center without necessitating significant alterations or placing undue strain on local streets, transportation facilities, utilities, or schools. Additionally, the proposed Adult Day Care Center complies with the supplemental regulations of the Zoning Ordinance as outlined in Section 27-4.2.4 per the submitted survey which intends to install a sufficient turnaround on site and will be enforced as part of the permitting process. The proposed rezoning is consistent with the written policies in the comprehensive plan text. The property is designated as SUB (Suburban) and is adjacent to a CRC (Commercial Redevelopment Corridor) district. This rezoning aligns with the comprehensive plan's goals to allow limited non-residential developments outside of existing stable single-family neighborhoods to meet the needs of surrounding residents (page 47, Mixed-Use and Non-Residential, 2050 Comprehensive Plan). There are no historical buildings, sites, districts, or archaeological resources in the vicinity that would be affected by the proposed rezoning. Additionally, there do not appear to be any existing or changing conditions affecting the use and development of the land. The development of an Adult Day Health Center may be supportive of the nearby and adjacent CRC Character Areas which calls for the redevelopment and revitalization of commercial corridors according to CRC development standards on page 37 of the 2050 Comprehensive Plan. The development may meet the MR-1 (Medium Residential) zoning district requirements, which allows for residential uses and community services. This zoning category is more appropriate for the single-use proposal, as it does not require a mixture of land uses like the previously requested MU-1 district and provides a “transitional use” between the commercial (C-1) district to the north and surrounding residences to the east and south. The MR-1 designation aligns with the character of the surrounding area and provides a better fit for the site's intended use. Additionally, any discrepancies with dimensional requirements may be addressed during the Land Disturbance Permit (LDP) process, as the applicant intends to install a driveway. This updated zoning request also alleviates the need for a transitional buffer, which would have required variances under the previous MU-1 zoning request. While the proposed rezoning fits within the existing neighborhood context and infrastructure and aligns with the objectives of the 2050 Comprehensive Plan, it is better suited to the MR-1 (Medium Residential) zoning district, as it no longer requires a mixture of land uses like the previously requested MU-1 district. The applicant’s updated request aligns more closely with the residential focus of the MR-1 district. Any remaining discrepancies with dimensional requirements, such as parking or building setbacks, may be addressed during the Land Disturbance Permit (LDP) process as the applicant intends to install a driveway. Therefore, upon review of Section 4.2.4 (Adult Day Care Center Supplemental Regulations) and Section 7.3.5 of the Zoning Ordinance, staff recommends “Approval” of the rezoning request.
PLANNING COMMISSION VOTE: (Nov. 21, 2024) Approval 6-0-0. LaSonya Osler moved, Jan Costello seconded for approval, per Staff recommendation. (July 11, 2024) Full cycle deferral 6-0-0. LaSonya Osler moved, Jana Johnson seconded for a full cycle deferral to the September 2024 zoning agenda.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (October 2024) Approval 11-0-0. (June 2024) Approval (10-0-0) with the following conditions: 1) The use be restricted to an adult day care only; 2) The deciduous tree(s) in the front of the property be saved.