Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 03 Super District 07
Application of Leopold Ewing to rezone property from O-I (Office-Institution) zoning district to NS (Neighborhood Shopping) zoning district to allow a restaurant with no drive through, at 5488 Flat Shoals Parkway.
Body
PETITION NO: N3-2025-1622 Z-26-1247784
PROPOSED USE: Restaurant, with no drive through.
LOCATION: 5488 Flat Shoals Parkway, Decatur, Georgia 30034
PARCEL NO.: 15 066 01 001
INFO. CONTACT: John Reid, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Leopold Ewing to rezone property from O-I (Office-Institution) zoning district to NS (Neighborhood Shopping) zoning district to allow a restaurant with no drive through.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (Dec. 2025) Denial.
PLANNING COMMISSION: (Jan. 6, 2026) Withdrawal without prejudice.
PLANNING STAFF: Withdrawal without Prejudice_rev. 01.07.2026
STAFF ANALYSIS: The Applicant requested withdrawal without prejudice at the January 6, 2026 Planning Commission hearing. Therefore, Staff recommends the application be “Withdrawn without prejudice”.
PLANNING COMMISSION VOTE: (January 6, 2026) Withdrawal without Prejudice 9-0-0. Commissioner Moore moved, Commissioner Cooper seconded for withdrawal without prejudice, per the Applicant’s request.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (December 2025) Denial 6-2-0. The reasons listed for denial were as follows: Denial due to the uncertainty of the use of this property in conjunction with the adjoining property, the amount of asphalt that needs to be placed, the topography of the land, the possible impacts on the single-family homes to the East of this property.