Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): COMMISSION DISTRICT 03 SUPER DISTRICT 06
Application of Theresa Walcot-Ceesay for a Special Land Use Permit (SLUP) to allow for a Community Living Arrangement (CLA) in the NS (Neighborhood Shopping) zoning district and Tier 2 of the I-20 Overlay District, at 4077 Flat Shoals Parkway.
Body
PETITION NO: N5-2023-1430 SLUP-24-1246746
PROPOSED USE: Community Living Arrangement (CLA).
LOCATION: 4077 Flat Shoals Parkway, Decatur, Georgia 30034.
PARCEL NO. : 15-090-01-011
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Theresa Walcot-Ceesay for a Special Land Use Permit (SLUP) to allow for a Community Living Arrangement (CLA) in the NS (Neighborhood Shopping) zoning district and Tier 2 of the I-20 Overlay District.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: Approval.
PLANNING COMMISSION: Approval with conditions.
PLANNING STAFF: Denial.
STAFF ANALYSIS: The applicant, Theresa Walcot-Ceesay of St. Dominic Savio Motivational Place, Inc., is seeking a Special Land Use Permit (SLUP) to operate a community living arrangement (CLA) for four (4) adults with intellectual and developmental disabilities (IDD) in the Neighborhood Shopping (NS) Zoning District and within Tier 2 of the I-20 Overlay District. CLA is defined as “an establishment licensed by the State of Georgia and provides a residence for adults receiving care for mental health, development disabilities, and/or addictive diseases.” Currently, the applicant operates a Group Child Caring Institution (CCI) facility for six (6) boys ages 12-17 at the subject site. As part of the transition, the applicant has stated coordination with case workers to re-home the remaining child(ren) and (if approved) begin the process to apply for the IDD CLA with the State of Georgia. The applicant has stated there will be no overlap between the two (2) operation types. The applicant has provided a floor plan of a 2,094 square foot single-family dwelling with four (4) bedrooms, two (2) bathrooms, a dining room, and a living space with an attached covered two-car carport and driveway. The ingress and egress provide space for a vehicle to safely maneuver before exiting onto Flat Shoals Parkway and will not cause increase of traffic or create congestion in the area. The driveway and carport appear to be sufficient to accommodate at least four (4) vehicles, as required by the supplemental regulations in Section 4.2.41 Personal Care Homes (four (4) to six (6)) of the Zoning Ordinance. It may be of importance to note that there are two (2) existing personal care homes within two hundred (200) feet of the subject site (4047 and 4093 Flat Shoals Parkway). However, the 1,000-foot distance requirement, as stated in the supplemental regulations of Section 4.2.41 (B3), does not apply to the NS Zoning District. Therefore, all supplemental regulations appear to be met. There will be 24-hour care provided, and adverse impacts based on the manner and time of operation will be minimal. Tier 2 of the I-20 Overlay District is intended to provide a medium intensity mix of land uses which wrap around the high intensity areas close to the I-20/I-285 Interstates. Tier 2 is comprised of two (2) activity centers and multiple Livable Centers Initiatives (LCIs). Specifically, the subject site falls within the Candler Road/Flat Shoals Parkway LCI. The LCI aims to enhance development along Flat Shoals Parkway through parcel consolidation for infill development, increased pedestrian accessibility, and leveraging existing institutions and employment (Candler Road/Flat Shoals Parkway LCI, pages 96-97). The applicant’s request does not appear to enhance the goals and vision of the LCI. Furthermore, a small neighborhood retail node is envisioned for the intersection of Flat Shoals Parkway and Clifton Springs Road located eight hundred (800) feet from the subject site (LCI, page 96). As proposed, the request does not add density or development as encouraged within the LCI or the designated Neighborhood Center (NC) character area. NC refers to an area within a community that is designated for a mix of commercial, retail, and residential uses that serve local neighborhoods (2050 Unified Plan, 35). The subject site may not be appropriate for the proposed change in use. With an underlying NS zoning designation for the subject property and adjacent properties in the vicinity, many of these formerly residential properties have transitioned to intended neighborhood scale nonresidential uses, including retail, beauty salons, a wellness shop, and a late-night establishment. The proposed residential/institutional use may impede the continued commercial transition along a major arterial road. Moreover, directly south of the subject site, a four hundred- and sixty-seven-unit (467) unit mixed use project is underway. The project will include both multi-family and townhomes with approximately thirty-five thousand (35,000) square feet of retail and restaurant space. This redevelopment may lead to additional opportunities along Flat Shoals Parkway, which may be more in line with both the character area and the LCI than the current proposal. Therefore, upon review of Section 7.4.6 (G and H) of the Zoning Ordinance, staff recommends “Denial” of the Special Land Use Permit request. However, should the SLUP request be approved, Staff offers the attached recommended conditions for consideration.
PLANNING COMMISSION VOTE: Approval with conditions 9-0-0. Vivian Moore moved, Jana Johnson seconded for approval with 5 conditions.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: Approval 7-0-0.