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File #: 2022-1977    Version: 1 Name:
Type: Ordinance Status: Preliminary Item
File created: 7/26/2022 In control: Board of Commissioners - Zoning Meeting
On agenda: 10/4/2022 Final action: 10/4/2022
Title: COMMISSION DISTRICT(S): Commission District 05 Super District 07 Application of Starleatha Denson to rezone property from R-85 (Residential Medium Lot-85) zoning district to RSM (Small Lot Residential Mix) zoning district to increase the size of an existing personal care home from six (6) residents to seven (7) residents, at 2336 Wesley Chapel Road.
Attachments: 1. Wesley Chapel request for withdrawal email, 2. Z-22-1245856 BOC Staff Report 2336 Wesley Chapel Rd

                                    

Public Hearing:  YES      NO                                                   Department: Planning & Sustainability                                     

 

SUBJECT:

Title
COMMISSION DISTRICT(S): Commission District 05 Super District 07

Application of Starleatha Denson to rezone property from R-85 (Residential Medium Lot-85) zoning district to RSM (Small Lot Residential Mix) zoning district to increase the size of an existing personal care home from six (6) residents to seven (7) residents, at 2336 Wesley Chapel Road.

Body

PETITION NO: N9. Z-22-1245856 (2022-1977)

PROPOSED USE: Personal care home from six (6) residents to seven (7) residents.

LOCATION: 2336 Wesley Chapel Road, Decatur, Georgia 30035

PARCEL NO. : 15-131-02-009

INFO.  CONTACT: Brandon White, Planning Manager

PHONE NUMBER: 404-371-2155

 

PURPOSE:

Application of Starleatha Denson to rezone property from R-85 (Residential Medium Lot-85) zoning district to RSM (Small Lot Residential Mix) zoning district to increase the size of an existing personal care home from six (6) residents to seven (7) residents. The property is located on the east side of Wesley Chapel Road, approximately 472 feet north of South Hairston Road, at 2336 Wesley Chapel Road, Decatur, Georgia. The property has approximately 75 feet of frontage on the east side of Wesley Chapel Road and contains 0.46 acre.

 

 

RECOMMENDATION:

Recommended Action

COMMUNITY COUNCIL: No Quorum.

 

PLANNING COMMISSION: Full Cycle Deferral.

 

PLANNING STAFF: Withdrawal without Prejudice.

 

STAFF ANALYSIS: The applicant received a special land use permit (SLUP) for the operation of a group, personal care home (maximum of 6 people) in 2018. She is now seeking to increase the number of permanent residents from six (6) to seven (7). A personal care home of seven (7) or more residents is classified as a “community, personal care home.” Additionally, given the greater potential number of residents allowed, community, personal care homes are limited to moderate to high density residential districts, mixed-use districts, and commercial zoning districts. Hence, the applicant has requested a rezoning from the R-85 (Residential Medium Lot-85) Zoning District to the RSM (Small Lot Residential Mix) Zoning District. There is a companion special land use permit (SLUP-22-1245857) for the community, personal care home as well.  The County Health Department “regulations prohibit use of on-site sewage disposal systems for personal care homes with more than six (6) clients.” Upon receipt of this information, the applicant has requested a withdrawal of the application. Staff recommends “Withdrawal without prejudice”.

 

PLANNING COMMISSION VOTE: Full Cycle Deferral 8-0-0.  Jan Costello moved, Jana Johnson seconded for a full cycle deferral to the November 2022 zoning agenda, to allow this application to run concurrent with the companion SLUP application and allow the applicant time to discuss septic/sewer issues with the owner.

 

COMMUNITY COUNCIL VOTE/RECOMMENDATION:  No Quorum.  Members present voted for approval.