Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): 3 & 6
Application of Otto Tract No. 10 LLC c/o Battle Law to rezone property from MU-4 (Mixed Use High Density) District to MR-1 (Medium Density Residential-1) District within Tier 2 of the 1-20 Overlay District, at 3101 Clifton Springs Road.
Body
PETITION NO: D7. Z-19-1243388
PROPOSED USE: 300 Multi-Family Units
LOCATION: 3101 Clifton Springs Road
PARCEL NO. : 15-090-01-013
INFO. CONTACT: Marian Eisenberg
PHONE NUMBER: 404-371-4922
PURPOSE:
Application of Otto Tract No. 10 LLC c/o Battle Law to rezone property from MU-4 (Mixed Use High Density) District to MR-1 (Medium Density Residential-1) District to develop 300 multi-family units at a density of 6.25 units per acre within Tier 2 of the 1-20 Overlay District. The property is located on the west side of Flat Shoals Road, approximately 679 feet east of the southwest intersection of Clifton Springs Road and Flat Shoals Parkway at 3101 Clifton Springs Road, Decatur, GA. The property has approximately 168 feet of frontage along the west side of Flat Shoals Parkway and contains 48 acres.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (10/9/19) NO RECOMMENDATION; (8/14/19) DENIAL.
PLANNING COMMISSION: (11/05/19) WITHDRAWAL WITHOUT PREJUDICE; (9/10/19) FULL CYCLE DEFERRAL
PLANNING STAFF: WITHDRAWAL WITHOUT PREJUDICE
STAFF ANALYSIS: The proposed rezoning request from MU-4 (Mixed Use High Density) District to MR-1 (Medium-Density Residential - 1) District is compatible with developed residential property zoned MR-1 zoning northeast of the subject site on Columbia Drive. Located within a Neighborhood Center Character area designation, the request for 300 multi-family units at a density of 6.25 units per acre is consistent with the following 2035 Comprehensive Plan policy: “Encourage the maximum density of residential in mixed use projects not to exceed 24 dwelling units per acre, with the most intense development located towards the commercial and/or office core of the Neighborhood Center”. The request to the MR-1 district is a less-intense zoning district than the previously approved MU-4 District. Given that the proposed development requires a traffic study and archeological study, Planning Staff previously recommended a full cycle deferral to allow the applicant to submit these documents for Staff review. However, Planning staff was notified on Tuesday, November 5, 2019 of the applicant’s intent to withdraw the requested rezoning petition. Therefore, the Planning and Sustainability Department recommends WITHDRAWAL WITHOUT PREJUDICE.
PLANNING COMMISSION VOTE: (11/05/2019) Withdrawal Without Prejudice 7-0-0. J. Johnson moved, G. McCoy seconded for withdrawal without prejudice per the applicant's request. (9/10/19) Full Cycle Deferral 9-0-0. V. Moore moved, A. Atkins seconded for a full cycle deferral per Staff recommendation.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (10/9/19) No discussion. No vote.; (8/14/19) Denial 8-0-2. The Board acknowledged that the distribution center would bring jobs but pointed out that plans for other distribution centers have not been realized. The Board expressed concerns about truck traffic related to the distribution center and thought that the proposal would result in too many apartment units.