File #: 2021-2638    Version: 1 Name:
Type: Ordinance Status: Preliminary Item
File created: 5/24/2021 In control: Board of Commissioners - Zoning Meeting
On agenda: 5/26/2022 Final action: 5/26/2022
Title: COMMISSION DISTRICT(S): Commission District: 02 Super District: 06 Application of David Kirk to rezone property from NS (Neighborhood Shopping) District to C-1 (Local Commercial) District to allow for development of a new drive-through restaurant, at 3795 North Druid Hills Road.
Attachments: 1. Z-21-1244885 May 2022 BOC Staff Report 3795 North Druid Hills Rd, 2. Z-21-1244885 Recommended Conditions Jan 2022 3794 N. Druid Hills Rd, 3. Z-21-1244885 Staff Report BOC Jan. 2022 3795 N. Druid Hills Rd, 4. Z-21-1244885 2021-2638 Recommended Conditions Nov. 2021, 5. Z-21-1244885 2021-2638 3795 N. Druid Hills Rd Staff Report Nov. 2021, 6. Z-21-1244885 Recommended Conditions July BOC, 7. Z-21-1244885 Staff report July BOC 2021

Public Hearing: YES ? NO ? Department: Planning & Sustainability

SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District: 02 Super District: 06
Application of David Kirk to rezone property from NS (Neighborhood Shopping) District to C-1 (Local Commercial) District to allow for development of a new drive-through restaurant, at 3795 North Druid Hills Road.
Body
PETITION NO: D6. Z-21-1244885 (2021-2638)
PROPOSED USE: Drive-through restaurant.
LOCATION: 3795 North Druid Hills Road.
PARCEL NO. : 18-100-04-019
INFO. CONTACT: Dustin Jackson, Sr. Planner
PHONE NUMBER: 404-371-6283

PURPOSE:
Application of David Kirk to rezone property from NS (Neighborhood Shopping) District to C-1 (Local Commercial) District to allow for development of a new drive-through restaurant. The property is located on the southeast corner of North Druid Hills Road and Birch Road, at 3795 North Druid Hills Road, Decatur, Georgia. The property has 233 feet of frontage on North Druid Hills Road and 198 feet of frontage on Birch Road and contains 1.04 acres.

RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (12/15/2021) Approval. (10/12/2021) Approval. (8/17/2021) Approval.

PLANNING COMMISSION: (1/06/2022) Approval with Conditions. (11/4/2021) Full Cycle Deferral. (9/9/2021) 2-Cycle Deferral.

PLANNING STAFF: Approval.

STAFF ANALYSIS: The rezoning proposal is consistent with the 2035 Comprehensive Plan. The TC (Town Center) future land use designation supports the requested zoning designation. Moreover, the rezoning from NS (Neighborhood Shopping) to C-1 (Local Commercial) would permit a zoning designation that is more consistent with the zoning of the surrounding properties. Therefore, Staff recommends "Approval".

PLANNING COMMISSION VOTE: (January 6, 2022) Approval with Conditions 9-0-0. April Atkins moved, Lauren Blaszyk seconded for Approval with Staff's three (3) recommended conditions, with two (2) additi...

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