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 attached townhomes, live-work units and 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 (from September 2024)
PROPOSED USE: Single-family, attached townhomes.
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 attached townhomes, live-work units and 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: (March 2025) Approval w/conditions_rev. 03/10/2025). (September 2024) Full Cycle Deferral.
STAFF ANALYSIS: This application was deferred from the November 2024 agenda to allow the applicant time to consider revising the plan to incorporate community concerns raised at the Community Council District 3 meeting on August 14, 2024. Since the November 21, 2024 Board of Commissioners meeting, the applicant submitted a revised master plan (see attached revised plan dated 03/06/25) which includes a mixture of single-family detached cluster homes and live-work units in addition to single-family attached townhomes and has decreased the total number of residential units and density from 88 units (7.7 units per acre) to 79 units (6.9 units per acre). This revision also includes two publicly accessible parks/open spaces that will be maintained by the HOA of the development. The revised proposal contains a mixture of housing options that are designed to preserve sensitive environmental features (floodplain and stream buffers along northern portion of the site). The plan also provides for more than the minimum degree of open space (20% required, 30% provided) along with opportunities for passive recreation for the immediate and surrounding community, and streetscape improvements. The proposed mix of townhomes, single-family cluster homes, and live/work units at a maximum of 6.4 units per acre appears to be consistent with the Tier 3 goals of the BOD to “promote small scale development within a mixed-use context to provide for a more compatible use to adjacent single-family neighborhoods” (Section 3.39.2.C, Bouldercrest Overlay District). With appropriate zoning conditions the project is also consistent with the following goals, strategies, and guiding principles of the 2050 Comprehensive Plan: 1. Maximum density of eight dwelling units per acre; 2. New development should be designed to preserve existing undeveloped greenspace including the provision of cluster development; 3. Promotion of streetscaping and a strong public realm; 4.Protect existing single-family neighborhoods through appropriate transitions, buffers, and infill development; 5. Provide a variety of housing options for County residents; 6. Development should prioritize sustainability and the preservation of DeKalb County’s dwindling natural spaces and undeveloped areas; and 7. Promote healthy living within neighborhoods by incorporating a pedestrian environment that encourages socialization, walking, biking, and connectivity (page 29 and 47, 2050 Comprehensive Plan). While there is a significant amount of open space provided, the BOD requires that all open space be publicly accessible and provide connections from public sidewalks and adjacent parks/open space. The applicants updated plan (dated 3/6/25) now shows these open spaces are connected an accessible. Additionally, the updated plan has addressed the minor technical issues from Planning Department Staff mentioned at the March Planning Commission meeting, although relatively minor variances may be necessary. Therefore, it is the recommendation of the Planning & Sustainability Department that the application be “Approved, with the attached 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.