Skip to main content
File #: 2025-1622    Version: 1 Name:
Type: Ordinance Status: Preliminary Item
File created: 10/29/2025 In control: Planning Commission
On agenda: 1/6/2026 Final action:
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.
Attachments: 1. Z-26-1247784 (2025-1622) Recommended Conditions - Jan. 2026, 2. Z-26-1247784 Jan. 2026 Staff Report 5488 Flat Shoals Pkwy
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
No records to display.

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) Pending.

PLANNING STAFF: Approval with Conditions.

STAFF ANALYSIS: The subject site contains an existing 1,792 square foot vacant single-family structure. Based on field investigation, it appears that there may have been some work without a land disturbance permit since there is a gravel parking area on site that is not allowed by the zoning ordinance. The property is currently zoned O-I (Office Institutional) with conditions that restrict the use to a storage building for the church to the southwest across Flat Shoals Parkway (See CZ-87177). Since the applicant desires to use the existing structure as a sit-down restaurant (no drive-through), a rezoning to a commercial zoning district such as the proposed NS district is required. The property falls within a Suburban (SUB) Character Area. The intent of the SUB is to "recognize those areas of the county that have developed in traditional suburban land use patterns while encouraging new development to have increased connectivity and accessibili...

Click here for full text