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File #: 2024-0366    Version: 1 Name:
Type: Ordinance Status: Public Hearing
File created: 3/4/2024 In control: Board of Commissioners
On agenda: 7/22/2025 Final action:
Title: COMMISSION DISTRICT(S): Commission District 03 Super District 06 Application of Battle Law, P.C. for a Special Land Use Permit (SLUP) to allow single-family detached cluster homes in Tier 3 of the Bouldercrest Overlay District, the Soapstone Historic District, and the R-100 (Residential Medium Lot-100) zoning district, at 2098 & 2124 Cedar Grove Road.
Attachments: 1. Substitute 2025 07.22 Item 2024-0366, 2. Substitute 2025 07.08 Item 2024-0366, 3. Substitute 2025 05.29 Item 2024-0366, 4. SLUP-24-1246917 (2024-0366) Recommended Conditions March 2025 BOC, 5. SLUP-24-1246917 March BOC 2025 Staff Report 2098 & 2124 Cedar Grove Rd, 6. SLUP-24-1246917 March PC 2025 Staff Report 2098 & 2124 Cedar Grove Rd, 7. SLUP-24-1246917 Sept. 2024 Staff Report 2098 & 2124 Cedar Grove Rd, 8. SLUP-24-1246917 May 2024 Staff Report Cedar Grove Road

SUBSTITUTE

Public Hearing:  YES      NO                                                   Department: Planning & Sustainability                                     

 

SUBJECT:

Title
COMMISSION DISTRICT(S): Commission District 03 Super District 06

Application of Battle Law, P.C. for a Special Land Use Permit (SLUP) to allow single-family detached cluster homes in Tier 3 of the Bouldercrest Overlay District, the Soapstone Historic District, and the R-100 (Residential Medium Lot-100) zoning district, at 2098 & 2124 Cedar Grove Road.

Body

 

PETITION NO: D6-2024-0366  SLUP-24-1246917

PROPOSED USE: Single-family detached cluster homes

LOCATION: 2098 & 2124 Cedar Grove Road, Conley, Georgia 30288

PARCEL NO. : 15-021-01-015; 15-021-01-016

INFO.  CONTACT: John Reid, Sr. Planner

PHONE NUMBER: 404-371-2155

 

PURPOSE:

Application of Battle Law, P.C. for a Special Land Use Permit (SLUP) to allow single-family detached cluster

homes in Tier 3 of the Bouldercrest Overlay District, the Soapstone Historic District, and the R-100 (Residential

Medium Lot-100) zoning district.

 

 

RECOMMENDATION:

Recommended Action

COMMUNITY COUNCIL: (Feb. 2025) Denial. (August 2024) Denial.  (April 2024) Full cycle deferral.

 

PLANNING COMMISSION: (March 4, 2025) 30-day deferral. (September 12, 2024) Denial.  (May 2, 2024) Denial.

 

PLANNING STAFF: APPROVAL WITH CONDITIONS.

 

STAFF ANALYSIS: The applicant submitted a revised plan (dated 06/04/25, see attached) consisting of single-family detached cluster homes at a density of 6.7 units per acre. The previous plan consisted of townhomes, single-family detached cluster homes, and 8 live-work units. The proposed density of the new plan has remained unchanged and is consistent with the maximum density of 8 units per acre allowed in the Suburban (SUB) Character Area. No density bonuses are required since the proposed Floor Area Ratio (FAR) of .24 is less than the maximum FAR of 1 allowed in the Bouldercrest Overlay District (BOD). Tier 3 of the BOD is a low-intensity area at the intersection of Bouldercrest Road and Cedar Grove Road. The goal of Tier 3 is to ”promote evolution into a neighborhood center, by allowing small scale development in a mixed-use context, providing for a more compatible use to adjacent single-family neighborhoods”. While the previous plan incorporating both a mix of residential uses and some live/work non-residential opportunities appears to be more consistent with the small-scale, mixed-use goals of Tier 3, the proposed single-family detached cluster homes appear to provide compatibility with adjacent and surrounding single-family neighborhoods. Furthermore, these residential uses could trigger future demand for small scale neighborhood commercial around the Bouldercrest Road/Cedar Grove Road intersection to provide the mixed-use context called for by Tier 3. Therefore, it appears that the new plan meets the minimum requirements of the BOD. Based on review of section 27-7.4.6 (Special Land Use Permit, criteria to be considered), it appears there is compliance with the SLUP criteria. Therefore, Planning Staff recommends “Approval with Staff’s recommended conditions”.

 

PLANNING COMMISSION VOTE: (March 4, 2025) 30-Day Deferral 5-2-1. Deanna Murphy moved, Jan Costello seconded for a 30-day deferral to the April 22, 2025 Board of Commissioners meeting, per Staff recommendation. Tess Snipes and LaSonya Osler opposed; Winton Cooper abstained. (September 12, 2024) Denial 8-1-0.  Jon West moved, Vivian Moore seconded for denial. Jan Costello opposed.  (May 2, 2024) Denial 6-1-0.  Vivian Moore moved, Jon West seconded for denial.  Jan Costello opposed.

 

COMMUNITY COUNCIL VOTE/RECOMMENDATION: (February 2025) Denial 8-2-0. Council recommended denial because the community felt that there has been no clear effort of communication from the applicant of this project over the past two years. (August 2024) Denial 8-0-0.  (April 10, 2024) Full cycle deferral 11-1-0.  Full cycle deferral to allow the applicant to hold another community meeting for more public input. Issues discussed included potential traffic impacts and limiting rental units.