Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 03 Super District 07
Application of New Life Baptist Church c/o Battle Law, P.C. to rezone property from C-2 (General Commercial) zoning district to MR-1 (Medium Density Residential-1) zoning district and within the I-20 Overlay District, Tier 1 for the development of single-family detached and attached homes as part of Phase 1 of a mixed-use development, 3048 Lumby Drive.
Body
PETITION NO: N5-2025-0964 Z-25-1247633
PROPOSED USE: Single-family detached and attached homes.
LOCATION: 3048 Lumby Drive, Decatur, Georgia 30034
PARCEL NO. : 15 104 07 001
INFO. CONTACT: John Reid, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of New Life Baptist Church c/o Battle Law, P.C. to rezone property from C-2 (General Commercial) zoning district to MR-1 (Medium Density Residential-1) zoning district and within the I-20 Overlay District, Tier 1 for the development of single-family detached and attached homes as part of Phase 1 of a mixed-use development.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: Approval.
PLANNING COMMISSION: (Sept. 9, 2025) Approval.
PLANNING STAFF: Denial.
STAFF ANALYSIS: The subject site is currently vacant, and the applicant is proposing to rezone to the MR-1 (medium density residential) district to construct a mixture of single-family detached and single-family attached townhomes containing 32 units at a density of 8.5 units per acre. The subject property falls within the county’s most intense Character Area, a Regional Center (RC) Character area, which calls for a very high density mix of residential and commercial at densities up to and exceeding 75 units per acre. The site also falls within the “Town Center, Core” area of the Candler Road Livable Centers Initiative (LCI)(see attached) which encourages compact, high –density mixed use at maximum densities of 60 units per acre and maximum building heights of 6 stories. The desired land use mix in the Town Center Core areas is 80% commercial and 20% residential. In contrast to the high intensity mixed-use goals of the RC Character Area and Candler Road LCI, the rezoning application is not providing any commercial, and the proposed density of 8.5 units per acre falls extremely short of the 60 and 75 units per acre encouraged by the LCI and the RC Character Area. Notwithstanding the above, the application indicates that this project is “Phase 1” of a mixed- use development. No information has been provided to clarify when and where future phases of mixed-use development will occur, and there is no assurance that adjacent property(s) will be bought and included in a mixed-use project in the future. Based on review of Section 27-7.4.6. A (compliance with Comprehensive Plan), the proposed lower density residential project with no commercial is not consistent with the intent of the RC Character Area to provide very high density mixed-use or the intent of the Town Center Core area of the Candler Road LCI calling for mixed-use at 80% commercial and 20% residential. Based on review of Section 27-7.4.6.E (existing or changing conditions affecting the use and development of the property) the proposed project is not consistent with the I-20 Overlay purpose and intent to permit and to encourage mixed-use developments containing both commercial and residential uses so as to create a pedestrian oriented communities in which people can live, work and play. This application may be pre-mature; if the applicant desires to acquire more land to provide mixed-use development, then such acquisition and site planning to tie into the subject property should occur before a rezoning application is submitted to ensure optimal mixed-use is provided in a planned and comprehensive manner. Staff encourages the applicant to withdraw without prejudice and submit a new rezoning application that provides a more intense and comprehensively planned mixed use project once all the desired properties are acquired and new site plans are drawn. Therefore, based on review of Section 27-7.4.6 A and E, it is the recommendation of the Planning and Sustainability Department that this application be, respectfully, "Denied".
PLANNING COMMISSION VOTE: (September 9, 2025) Approval 7-1-0. Commissioner Patton moved, Commissioner Murphy seconded for approval. Commissioner Costello opposed; Commissioner Moore was not present for this vote.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (Approval 8-1-0.) The Council noted positive affordable housing opportunities and encouraged the applicant to restrict number of rental units and consider providing a secondary access point for better traffic flow.