Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 04 Super District 06
Application of Scope Builders, LLC c/o Battle Law, P.C. to rezone property from NS (Neighborhood Shopping) to C-1 (Local Commercial) to allow a convenience store (with fuel pumps), a drive-through facility for a pharmacy and retail, at 3820 and 3828 North Decatur Road.
Body
PETITION NO: N3-2026-0140 Z-26-1247929
PROPOSED USE: Convenience store with fuel pumps, a pharmacy drive-through, and retail.
LOCATION: 3820 and 3828 North Decatur Road, Decatur, GA 30032
PARCEL NO. : 18 012 10 004; 18 102 10 003
INFO. CONTACT: Adam Chappell, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Scope Builders, LLC c/o Battle Law, P.C. to rezone property from NS (Neighborhood Shopping) to C-1 (Local Commercial) to allow a convenience store (with fuel pumps), a drive-through facility for a pharmacy, and retail.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (Feb. 2026) Denial.
PLANNING COMMISSION: (March 3, 2026) Denial.
PLANNING STAFF: (March 2026) Denial.
STAFF ANALYSIS: The subject properties are currently improved with an approximately 10,000 square foot structure that was built circa 1999. The most recent use of the structure and properties was that of a retail pharmacy with an accessory drive-through facility. The applicant requests a rezoning of the subject properties from the NS (Neighborhood Shopping) zoning district to the C-1 (Local Commercial) zoning district to allow for the development of a convenience store (with fuel pumps), a drive-through facility for a pharmacy, and retail. Convenience stores, pharmacies, and general retail are all permitted uses in the NS zoning district. Drive-through facilities are not, however, and require a rezoning to, at minimum, a C-1 zoning district. In addition, all drive-through facilities located in an activity center (the properties are located in a Town Center (TC) character area) require an associated Special Land Use Permit (SLUP) granted by the Board of Commissioners. The existing drive-through facility appears to pre-date this requirement and is considered legally nonconforming, subject to Article 8 of the Zoning Ordinance. A SLUP application is required for a change of ownership in this circumstance (see concurrent application SLUP-26-1247928). Similarly, fuel pumps accessory to convenience stores or other uses are only permitted in the NS or C-1 zoning districts with a SLUP when located in an activity center (see concurrent application SLUP-26-1247927). Per the DeKalb County 2050 Unified Plan, “the intent of the Town Center is to promote the concentration of higher intensity residential and commercial uses, which serve several communities surrounding the center, in order to reduce automobile travel, promote walkability, and increase transit usage” (Dekalb County 2050 Unified Plan, pg. 33). This character area is second only to Regional Center (RC) character areas in terms of size, scope and intensity, and like RC character areas, encourages new development to be pedestrian-oriented at street level. The Unified Plan also states that “the edge of the [Town Center] should serve as a transition zone, buffering more intense uses in the core from adjacent single-family neighborhoods and other uses outside the [Town Center’s] boundaries” (DeKalb County 2050 Unified Plan, pg. 33). Although small improvements are proposed to be made to the streetscape zones in County Right-of-Way (ROW) along the properties’ frontages on North Decatur Road and North Indian Creek Road, the proposed addition of fuel pumps to the site and the proposal as a whole becomes increasingly auto- oriented and more intense, and increasingly in conflict with the goals of the character area. In addition to being located within a TC character area, the subject properties are also located in an area that is encompassed by the Memorial Drive Revitalization Corridor Plan, which was completed in December 2019. At the time of this study, it was found that the larger Memorial Drive corridor appeared to contain a vast overabundance of “nearly 2 million more square feet of retail that is supportable under current market conditions” (Memorial Drive Revitalization Corridor Plan, pg. 50). Although the Small Area Plan is approximately six (6) to seven (7) years old at the time of this analysis, there does not appear to be anything to suggest that these conditions have drastically altered since the initial study. The Small Area Plan encourages the “removal, redevelopment, or re-purposing of the oldest or least desirable retail space into other uses”, the converting of “existing retail space to job-supportive workspaces (particularly professional office, light industrial and flex space)”, and supports “mixed-use development as an overall guiding principle” but taking care “not to over-supply retail”. In this case retail “is best used sparingly as an amenity to increase the attractiveness and viability of housing, workspace, and other non-retail uses” (Memorial Drive Revitalization Corridor Plan, pg. 51). The proposed plans in their current state would add additional retail spaces and would convert the existing standalone pharmacy into a shopping center (as defined in Article 9 of the Zoning Ordinance), where such additions may not be warranted. The properties are physically restricted by their lack of relative depth and the requirement for a 50-foot transitional buffer adjacent to the residential properties zoned R-75 to the north. The proposed conversion of the existing building into a shopping center would require at least one (1) loading space, which must be screened from view of any ROW, per Section 27-6.1.14. of the Zoning Ordinance. The existing drive-through may be partially nonconforming with respect to Section 27- 4.2.23. and Section 27-6.1.3. (specifically with respect to maneuverability), and the addition of fuel pumps in what would formerly be parking could exacerbate maneuverability issues on-site. The decision to utilize the existing building footprint may impede a more flexible and pedestrian-oriented design that could visibly enhance the corridor while also complying with modern Code requirements. While Staff typically favors “adaptive re-use" of existing buildings and sites, the proposal appears to veer further from the goals and intent of the TC character area (Section 27-7.3.5. (A)) and conflicts with the suggestions of the Memorial Drive Small Area Plan. Instead of expanding or introducing new and distinct uses to the corridor, the renderings and site plan appear to provide for uses for which there is already an established overabundance (Section 27-7.3.5. (B and D)) in a manner that is typical of suburban shopping centers, many of which are struggling to maintain or find new tenants. The further addition of car-oriented uses to a property that is already restricted in its usable area raises maneuverability and traffic safety concerns (Section 27-7.3.5.(G)). Several of the proposed uses, such as pharmacies and retail, are already permitted by-right in the NS zoning district. The request to rezone to C-1 appears to be largely tied to the concurrent requests for a drive-through facility and for fuel pumps. Upon review of the criteria set forth in Section 27-7.3.5. of the Zoning Ordinance, the Planning and Sustainability Department recommends a “Denial” of this rezoning request.
PLANNING COMMISSION VOTE: (March 3, 2026) Denial 5-2-0. Motion was made by Commissioner Osler, seconded by Commissioner Costello for denial, per Staff recommendation.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (February 2026) Denial 9-1-0.