1. home and garden

3/16/15
DEKALB COUNTY
ITEM NO. N. 2
BOARD OF COMMISSIONERS
ZONING AGENDA / MINUTES
HEARING TYPE:
PUBLIC HEARING
SUBJECT:
MEETING DATE: March 24, 2015
ACTION TYPE:
ORDINANCE
Special Land Use Permit – SLUP-15-19662 -- Jewish Family and Career Services
COMMISSION DISTRICTS: 1 & 7
DEPARTMENT:
ATTACHMENT:
Planning & Sustainability
 YES  No
PAGES:
22
PUBLIC HEARING:
INFORMATION CONTACT:
PHONE NUMBER:
 YES
NO
Marian Eisenberg, Zoning
Administrator
(404) 371-2155
PETITION NO: SLUP-15-19662
PROPOSED USE: Community Living Arrangement for four adults.
LOCATION: 3794 Dedee Court, Tucker.
PARCEL No.: 18-228-06-018
PURPOSE: Special Land Use Permit for a Community Living Arrangement/Personal Care Home (CLA/PCH) for four adults
in an R-100 (Single-Family Residential) District. The property is located on the north side of Dedee Court, approximately 297
feet from Robert Nash Court, at 3794 Dedee Court, Tucker.
RECOMMENDATIONS:
COMMUNITY COUNCIL: APPROVAL WITH CONDITIONS.
PLANNING COMMISSION: APPROVAL WITH CONDITIONS.
PLANNING STAFF: DENIAL.
PLANNING COMMISSION MEETING: On March 3, 2015, the Planning Commission recommended approval with
conditions as recommended by the Community Council The Planning Commission also recommended to the Board of
Commissioners that the County’s requirements for the license-holder or owner must reside in the Community Living
Arrangement be changed.
PLANNING STAFF ANALYSIS: The requested application is to operate a Community Living Arrangement, (a type of
Personal Care Home) for four adults. Three of the residents are currently living in a Community Living Arrangement
(CLA), and the proposal is to increase the number to four and move the household to a new address at the subject property.
Based on information provided by the applicant, the proposed CLA does not meet the requirement that “If owned by an
individual, the individual owner must reside in the group personal care home.” (Sec. 27-792 (b)(5)) The requirement of a
resident operator protects the integrity of a single-family neighborhood from an influx of business and institutional uses. In
addition, by requiring that the operator reside in the CLA, the regulation is intended to ensure that the license holder look
after the property on a full-time basis. Because the license-holder would not reside in the CLA, it is considered to be an
institutional use and not compatible with the adjoining land uses or surrounding neighborhood. As such, it is not consistent
with the following policy of the 2025 Comprehensive Plan: “Preserve and enhance the integrity and quality of existing
residential neighborhoods.” (SCAP3)Therefore, the Department of Planning and Sustainability recommends that the
application be “Denied”.
Petition Number:SLUP-15-19662
Board of Commissioners: 3/3/15
MLF
3/16/15
PLANNING COMMISSION VOTE: Approval, 5-0-0. In a substitute motion, A. Lerner moved and M. Butts seconded for
approval with five conditions, and recommended to the Board of Commissioners that the County’s requirements for the licenseholder or owner must reside in the Community Living Arrangement be changed. The motion unanimously passed.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: Approval with Conditions, 5-0-0. The Community
Council recommended the following conditions: 1) The home must be operated by Jewish Family & Career Services, Inc.;
2) No more than four persons shall be served by the CLA; 3) The residents must be classified by the State of Georgia
Department of Human Services as developmentally disabled adults; 4) No commercial vehicles shall park on the property;
and 5) There shall be no commercial lighting on the property.
Petition Number:SLUP-15-19662
Board of Commissioners: 3/3/15
MLF
DeKalb County Department of Planning & Sustainability
330 Ponce De Leon Avenue, Suite 500
Decatur, GA 30030
(404) 371-2155 / plandev@dekalbcountyga.gov
Lee May
Interim Chief Executive Officer
Planning Commission Hearing Date: March 3, 2015, 6:30 P.M.
Board of Commissioners Hearing Date: March 24, 2015, 6:30 P.M.
STAFF ANALYSIS
Case No.:
SLUP-15-19662
Agenda #: N. 2
Location/Address:
The north side of Dedee Court, Commission District: Super District:
approximately 297 feet from
Robert Nash Court, at 3794
Dedee Court, Tucker.
Parcel ID:
18-228-06-018
Request:
Special Land Use Permit for a Community Living Arrangement (CLA) for four
adults in an R-100 (Single-Family Residential) District.
Property Owner:
Malcolm & Ruth Crocker
Applicant/Agent:
Jewish Family & Career Services, Inc.
Acreage:
.40 acres
Existing Land Use:
Single-family residential
Surrounding Properties:
To the north, east, south, and west: single-family residential.
Adjacent Zoning:
North: R-100 South: R-100 East: R-100 West: R-100 Northeast: R-100
Northwest: R-100 Southeast: R-100 Southwest: R-100
Comprehensive Plan:
Suburban
X
Consistent
Proposed Density: same as existing – no new
construction proposed
Existing Density: 5.8 units/acre
Proposed Units/Square Ft.: same as existing – no
new construction proposed
Existing Units: One
Proposed Lot Coverage: same as existing – no new
construction proposed
Existing Lot Coverage: 42.2%
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Prepared By: MLF
Page 1
Inconsistent
SLUP-15-19663/N. 2
Zoning History The property has been zoned R-100 since adoption of the original zoning ordinance in 1956.
A. STAFF RECOMMENDATION: DENIAL. The requested application is to operate a Community Living Arrangement, (a
type of Personal Care Home) for four adults. Three of the residents are currently living in a Community Living
Arrangement (CLA), and the proposal is to increase the number to four and move the household to a new address at
the subject property. Based on information provided by the applicant, the proposed CLA does not meet the
requirement that “If owned by an individual, the individual owner must reside in the group personal care home.”
(Sec. 27-792 (b)(5)) The requirement of a resident operator protects the integrity of a single-family neighborhood
from an influx of business and institutional uses. In addition, by requiring that the operator reside in the CLA, the
regulation is intended to ensure that the license holder look after the property on a full-time basis. Because the
license-holder would not reside in the CLA, it is considered to be an institutional use and not compatible with the
adjoining land uses or surrounding neighborhood. As such, it is not consistent with the following policy of the 2025
Comprehensive Plan: “Preserve and enhance the integrity and quality of existing residential neighborhoods.”
(SCAP3)Therefore, the Department of Planning and Sustainability recommends that the application be “Denied”.
SUBJECT PROPERTY
The subject property is a .17-acre lot that is developed with a one-story, 2,956-square foot single-family detached
house. It is located at the end of the Dedee Court cul-de-sac. The lot is slightly elevated above the street and has
several mature trees. A concrete driveway provides access. The driveway is approximately 100 feet long and ends
in a concrete turnaround at the rear of the house.
Character of the Surrounding Area: The subject property is part of the Cardinal Woods single-family residential
neighborhood located approximately .70 mile to the northeast of Northlake Mall. The Cardinal Woods
neighborhood is zoned R-100 and is characterized by one-story, ranch style houses on lots that are similar in size to
that of the subject property.
PROJECT ANALYSIS
The request under consideration is for a Special Land Use Permit to permit, as stated in the application, “a fourth
unrelated person to join three others living in the single-family residence.” A CLA is a type of personal care home for
persons who receive funding for their support through the Georgia Department of Behavioral Health and
Developmental Disabilities (DBHDD). The CLA will be sponsored by the Jewish Family & Career Services (JFCS) of
Atlanta, a private not-for-profit organization. A staff person, who would be affiliated with JFCS, would provide
assistance with daily living tasks such as transportation, making meals, and housekeeping, and will provide support
related to the residents’ jobs and visits to friends. The facility will not be the primary residence for the staff person.
There will be one vehicle dedicated to the house, and all parking will be on-site. The application emphasizes that
because the facility will be the full-time residence of the four disabled adults, it will be operated in the same manner
as a typical residential household.
Three unrelated individuals may reside in a single household without a Special Land Use Permit because the Zoning
Ordinance defines a family as “not more than three (3) unrelated individuals, who live together in a single dwelling
unit and who function as a single housekeeping unit . . . This definition shall include three (3) or fewer mentally
handicapped, developmentally disabled persons, and other handicapped persons . . .” However, a fourth individual
in the same household triggers the requirement for a Special Land Use Permit. In addition, the holder of the State
license for the CLA is required to reside in the household. This regulation was adopted to prevent one operator
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Prepared By: MLF
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SLUP-15-19663/N. 2
from saturating a neighborhood with several CLAs. In addition, by requiring that the operator reside in the CLA, the
regulation is intended to ensure that the license holder look after the property on a full-time basis.
Compliance with District Standards:
REQUIREMENT
PROPOSED/EXISTING
COMPLIANCE
LOT WIDTH
Min. 100 ft.
Information not provided
on survey.
The existing lot
appears to be
compliant.
LOT AREA/DENSITY
Min. 14,000 sq. ft.
17,816 sq. ft.
Yes
R-100 STANDARD
REQUIREMENT
PROPOSED/EXISTING
COMPLIANCE
FRONT
Min. = average front
yard setback.
Information not provided
on survey.
Existing front yard
setback is legally
nonconforming.
INTERIOR SIDE
Min. 10 feet
10 – 25 ft.
Existing side yard
setback is legally
nonconforming.
REAR
Min. 40 feet
<40 feet
Existing rear yard
setback is legally
nonconforming;
admin. variance was
obtained for
sunroom
encroachment in
2006.
BUILDING HEIGHT
Max. 35 feet
The building is a onestory, ranch-style house
Existing building
appears to be
compliant.
FLOOR AREA OF D.U.
Min. 2,000 s.f.
2,956 s.f.
Yes.
PARKING
Min. 4 spaces
5 - 6 spaces provided in
100-foot driveway.
Yes.
LOT COVERAGE
Max. 35%
42.2%
Yes.
YARD SETBACKS
R-100 STANDARD
Access and Transportation Considerations:
The subject property is located on Dedee Court, a two-way, two-lane local cul-de-sac street. Vehicular access to the
property is provided via a paved driveway.
LAND USE AND ZONING ANALYSIS
Section 27-873 of the DeKalb County Zoning Ordinance, “Special land use permit; criteria to be applied” states
that the following criteria shall be applied in evaluating and deciding any application for a Special Land Use
Permit. No application for a Special Land Use Permit shall be granted unless satisfactory provisions and
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SLUP-15-19663/N. 2
arrangements have been made concerning each of the following factors, all of which are applicable to each
application.
B.
Adequacy of the size of the site for the use contemplated and whether or not adequate land area is available for
the proposed use including provision of all required yards, open space, off-street parking, and all other applicable
requirements of the zoning district in which the use is proposed to be located: The requested application meets
all of the zoning requirements, except for a rear yard encroachment that is a legally non-conforming condition. It
does not meet the Supplemental Regulation that “If owned by an individual, the individual owner must reside in the
group personal care home.” (Sec. 27-792 (b)(5))
C. Compatibility of the proposed use with adjacent properties and land uses and with other properties and land uses
in the district: As an institutional use, the proposed CLA is not compatible with the single-family residential
neighborhood in which it is located.
D. Adequacy of public services, public facilities, and utilities to serve the contemplated use: The existing house is
located in an established single-family residential neighborhood, which is served by water, sewer, and
transportation utilities.
E. Adequacy of the public street on which the use is proposed to be located and whether or not there is sufficient
traffic carrying capacity for the proposed use, so as not to unduly increase traffic or create congestion in the area:
The proposed use would be expected to generate the customary amount of residential traffic; thus the surrounding
street system would be adequate to accommodate the proposed use.
F. Whether or not existing land uses located along access routes to the site would be adversely affected by the
character of the vehicles or the volume of traffic to be generated by the proposed use: The residents of the CLA
would be expected to use passenger cars in volumes that are customary for a residence, and the adjoining and
surrounding land uses would not be adversely affected by such traffic. No service providers would be visiting the
residence except for the caregiver who would stay at the residence at night and during the day to help with
carpooling the residents to their jobs.
G. Ingress and egress to the subject property and to all proposed buildings, structures, and uses thereon, with
particular reference to pedestrian and automotive safety and convenience, traffic flow and control, and access in
the event of fire or other emergency: The subject property is located on a quiet residential cul-de-sac which
appears to have little traffic. It has safe pedestrian and vehicular access. There is satisfactory street access for
emergency services.
H. Whether or not the proposed use would create adverse impacts upon any adjoining land use by reason of noise,
smoke, odor, dust, or vibration that would be generated by the proposed use: The proposed CLA would not be
expected to generate any adverse impact as a result of noise, smoke, odor, dust, or vibration.
I.
Whether or not the proposed use would create adverse impacts upon any adjoining land use by reason of the
hours of operation of the proposed use: The CLA would not be expected to create adverse impacts on any
adjoining land use due to its hours of operation.
J.
Whether or not the proposed use would create adverse impacts upon any adjoining land use by reason of the
manner of operation of the proposed use: Because the owner would not reside in the CLA, it is considered to be an
institutional use and not compatible with the adjoining single-family residential land uses.
K. Whether or not the proposed plan is otherwise consistent with the requirements of the zoning district
classification in which the use is proposed to be located: The proposed CLA would be housed in a residential
structure that meets all of the R-100 zoning district regulations except for the rear yard setback. It encroaches into
the rear yard setback, but this is an existing, non-conforming condition that would not be increased or otherwise
changed by the proposed CLA use. Note: an administrative variance from the rear yard setback requirement was
approved for a sunroom in 2006; other rear yard encroachments appear to be legally nonconforming.
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SLUP-15-19663/N. 2
L. Whether or not the proposed use is consistent with the policies of the comprehensive plan: The proposed use is
not consistent with the following policy of the 2025 Comprehensive Plan: “Preserve and enhance the integrity and
quality of existing residential neighborhoods.” (SCAP3)
M. Whether or not the proposed plan provides for all buffers and transitional buffer zones where required by the
regulations of the district in which the use is proposed to be located: No buffers or transitional buffers are
required.
N. Whether or not there is adequate provision of refuse and service areas: Refuse disposal would be handled using
the type of rolling container that is used for a typical single-family residence. The driveway is satisfactory for parking
of vehicles driven by service personnel, who might be called to repair an appliance or structural feature of the
house, or maintain the lawn.
O. Whether the length of time for which the special land use permit is granted should be limited in duration: The
staff recommendation is for denial; this consideration is not applicable.
P. Whether or not the size, scale, and massing of proposed buildings are appropriate in relation to the size of the
subject property and in relation to the size, scale, and massing of adjacent and nearby lots and buildings: No
changes to the size, scale, and massing of the existing house are proposed.
Q. Whether the proposed plan would adversely affect historic building sites, districts, or archaeological resources:
No historic buildings, sites, districts, or archaeological resources are located on the property or in the surrounding
area.
R. Whether the proposed use satisfies the requirements contained within the supplemental regulations for such
special land use permit: The requested application does not meet the requirement that “ If owned by an individual,
the individual owner must reside in the group personal care home.” (Sec. 27-792 (b)(5))
S. Whether or not the proposed building as a result of its proposed height, would create a negative shadow impact
on any adjoining lot or building: No changes to the height of the building are proposed.
T. Whether the proposed use would result in a disproportional proliferation of that or similar uses in the subject
character area: The proposed use would meet the 1,000 foot distance requirement, which is the regulatory
standard for ensuring that CLAs and other personal care homes do not proliferate in a disproportional manner.
U. Whether the proposed use would be consistent with the needs of the neighborhood or of the community as a
whole, be compatible with the neighborhood, and would not be in conflict with the overall objectives of the
comprehensive plan: The proposed CLA would not be compatible with the surrounding single-family residential
neighborhood and would not meet the objectives of the comprehensive plan.
Attachments:
1.
Department and Division Comments
2. Board of Health Comments
3. Application
4. Site Plan
5. Zoning Map
6. Aerial Photograph
7. Site Photographs
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SLUP-15-19663/N. 2
N.2
SLUP-15-19662
Zoning Map
N
N.2
SLUP-15-19662
Aerial Photograph
N
Subject Property
Adjoining properties
SLUP-15-19662
3/10/15
DEKALB COUNTY
ITEM NO. N. 4
BOARD OF COMMISSIONERS
ZONING AGENDA / MINUTES
HEARING TYPE:
PUBLIC HEARING
SUBJECT:
MEETING DATE: March 24, 2015
ACTION TYPE:
ORDINANCE
Rezone – Z-15-19664 -- Abad Perulero
COMMISSION DISTRICTS: 1 & 7
DEPARTMENT:
ATTACHMENT:
Planning & Sustainability
 YES  No
PAGES:
PUBLIC HEARING:
INFORMATION
CONTACT:
21
 YES NO
Marian Eisenberg, Zoning
Administrator
(404) 371-2155
PHONE NUMBER:
PETITION NO: Z-15-19664
PROPOSED USE: Single-Family Residence
LOCATION: 4293 Chamblee Tucker Road, Doraville
PARCEL No.: 18-288-04-023
PURPOSE: To rezone property from O-I (Office-Institutional) to R-100 (Single-Family Residential) to allow use of the
property as a single-family residence. The property is located on the south side of Chamblee Tucker Road, approximately 469
feet from Tucker Norcross Road, at 4293 Chamblee Tucker Road, Doraville.
RECOMMENDATIONS:
COMMUNITY COUNCIL: APPROVAL WITH A CONDITION.
PLANNING STAFF: APPROVAL.
PLANNING COMMISSION MEETING: On March 3, 2015, the Planning Commission recommended approval.
PLANNING STAFF ANALYSIS: The zoning request under consideration would allow conversion of a former singlefamily house, zoned in 2005 to O-I for office use, back to use as a residence. The O-I zoning classification does not allow
single-family residential uses; thus the applicant has requested that the property be rezoned to R-100. Conversion of the
property to residential use is suitable in view of the mixture of residential and non-residential uses immediately surrounding
site. Although some nearby properties with frontage on the south side of Chamblee-Tucker Road have been rezoned from
R-100 to O-I, the rezonings were done on a lot-by-lot basis, apparently to accommodate use of formerly single-family
homes to offices, over a period of twenty-eight years. The residential appearance of the buildings has remained; thus the OI properties do not establish a visually defined office district, so conversion of the subject property back to residential use
would not have a detrimental effect on the appearance of the south side Chamblee Tucker Road. In addition, the lowintensity character of the subject property and the immediately surrounding properties, including all the properties
southwest of the corner of Chamblee Tucker Road and Tucker Norcross Road, is reflected in its land use designation. It is
part of a Suburban character area, in contrast to the commercial node to the north and northeast, which is designated
Neighborhood Commercial. It is appropriate to allow the properties on the south side of Chamblee Tucker Road to be a
mixture of residential and non-residential uses in residential structures, rather than maintain office zoning that does not
Petition Number: Z-15-19664
Board of Commissioners: 3/25/15
MLF
3/10/15
appear to be economically viable. Therefore, the Department of Planning and Sustainability recommends that the proposed
rezoning be “Approved”.
PLANNING COMMISSION VOTE: Approval, 7-0-0. A. Lerner moved and T. Snipes seconded for approval. The
motion unanimously passed.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: Approval with a condition, 5-0-0. The Community
Council recommended a condition that no more than four cars be parked on the property at the same time.
Petition Number: Z-15-19664
Board of Commissioners: 3/25/15
MLF
DeKalb County Department of Planning & Sustainability
330 Ponce De Leon Avenue, Suite 500
Decatur, GA 30030
(404) 371-2155 / plandev@dekalbcountyga.gov
Lee May
Interim Chief Executive Officer
Planning Commission Hearing Date: March 3, 2015, 6:30 P.M.
Board of Commissioners Hearing Date: March 24, 2015, 6:30 P.M.
STAFF ANALYSIS
Case No.:
Z-15-19664
Agenda #: N. 4
Location/Address:
The south side of Chamblee Tucker Road,
approximately 469 feet from Tucker
Norcross Road, at 4293 Chamblee Tucker
Road, Doraville.
Commission District: 1 Super District: 7
Parcel ID:
18 288 04 023
Request:
To rezone property from O-I (Office-Institutional) to R-100 (Single-Family Residential) for
use of the property as a single-family residence.
Property Owner(s):
Abad R. Perulero
Applicant/Agent:
Abad R. Perulero
Acreage:
.31 acres
Existing Land Use:
Vacant single-family home.
Surrounding Properties:
Adjacent Zoning:
North: C-1 South: R-100 East: C-1 West: O-I Northeast: C-1 Northwest: Southeast:
R-100 Southwest: R-100
X
Comprehensive Plan:
Consistent
Inconsistent
Proposed Density: same as existing – no new
construction proposed.
Existing Density: 3 units per acre
Proposed Units: same as existing – no new
construction proposed.
Existing Units: One
Proposed Lot Coverage: same as existing – no new
construction proposed.
Existing Lot Coverage: (estimate) 35%
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Z-15-19664
Zoning History: The subject property was rezoned from R-100 to O-I in 2005.
STAFF RECOMMENDATION: APPROVAL.
The zoning request under consideration would allow conversion of a former single-family house, zoned in 2005 to O-I
for office use, back to use as a residence. The O-I zoning classification does not allow single-family residential uses;
thus the applicant has requested that the property be rezoned to R-100. Conversion of the property to residential use
is suitable in view of the mixture of residential and non-residential uses immediately surrounding site. Although some
nearby properties with frontage on the south side of Chamblee-Tucker Road have been rezoned from R-100 to O-I, the
rezonings were done on a lot-by-lot basis, apparently to accommodate use of formerly single-family homes to offices,
over a period of twenty-eight years. The residential appearance of the buildings has remained; thus the O-I properties
do not establish a visually defined office district, so conversion of the subject property back to residential use would
not have a detrimental effect on the appearance of the south side Chamblee Tucker Road. In addition, the lowintensity character of the subject property and the immediately surrounding properties, including all the properties
southwest of the corner of Chamblee Tucker Road and Tucker Norcross Road, is reflected in its land use designation.
It is part of a Suburban character area, in contrast to the commercial node to the north and northeast, which is
designated Neighborhood Center. It is appropriate to allow the properties on the south side of Chamblee Tucker Road
to be a mixture of residential and non-residential uses in residential structures, rather than maintain office zoning that
does not appear to be economically viable. Therefore, the Department of Planning and Sustainability recommends
that the proposed rezoning be “Approved”.
SUBJECT PROPERTY
The subject property is a .31-acre lot with 75 feet of frontage on Chamblee-Tucker Road, a two-lane, two-way major
arterial. It is developed with a one-story structure that was originally constructed as a single-family house and was
converted to an office building in 2005. A construction contractor’s office occupied the property between 2005 and
2006. The property appears to have been empty since that time. The grade of the lot slopes sharply downward from
the street. A driveway is located to the side of the house, and there are small parking pads in front of the house and
at the end of the driveway. Several trees are growing in the back yard.
Character of the Surrounding Area: The subject property is one of several O-I-zoned properties that front the south
side of Chamblee-Tucker Road near its intersection with Tucker-Norcross Road. It appears that the O-I properties
were rezoned from R-100, one by one, over a period of twenty-eight years. In 1995, the immediately adjoining
property to the west was rezoned from R-100 to O-I, with a condition that it be used only for business and
professional offices. That condition was lifted in 2007 through a Major Modification, and it is currently occupied by a
the Brilliant Star day care center. The adjoining property, 4279 Chamblee Tucker Road, is zoned R-100 and is used as a
residence. Moving westward on Chamblee Tucker Road, the next four adjoining properties are zoned O-I. These were
rezoned in 1998, 1985, 1981, and 1977.
Properties to the south and north of the subject property still have the R-100 zoning classification. The character of
the area to the south, including the property that adjoins the rear of the subject property, is single-family residential.
A cemetery is located on the R-100 property located on the opposite side of Chamblee-Tucker Road, to the north. R100 properties are found to the west, northwest, and southwest.
The adjoining property to the east of the subject property, like several of the properties in the commercial corridor
that extends to the north along Tucker-Norcross Road, is zoned C-1 (Local Commercial). Other properties in the
commercial corridor are zoned C-2 (General Commercial). The largest commercial use in the corridor is the Tucker
Square shopping center, to the northeast of the subject property. Other uses include fast food restaurants and auto
repair shops.
The properties to the southwest and west of the Chamblee-Tucker Road/Tucker-Norcross Road intersection, including
the subject property, the CVS property to the east, and the cemetery across the street, are designated SUB
(Suburban). A Neighborhood Commercial Activity Center is located to the north and northeast of the intersection.
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Z-15-19664
PROJECT ANALYSIS
The request under consideration is to downzone the subject property from O-I to R-100. The applicant states that the
purpose of the rezoning is to allow the property to be used, once again, as a residence.
Compliance with District Standards:
REQUIREMENT
PROPOSED/EXISTING
COMPLIANCE
LOT WIDTH
Min. 100 ft.; cul-de-sac
lot: 100 ft. at front yd.
setback line
75 ft.
The lot width is legally
nonconforming.
LOT AREA/DENSITY
Min. 14,000 sq. ft.
13,503 sq. ft.
The lot size is legally
nonconforming.
FRONT
Average front yard
setback.
Average front yard setback
not shown on survey.
The front yard setback
is legally
nonconforming.
INTERIOR SIDE
Min. 10 feet
9.9 – 14.1
The shortage of .1 foot
on the east side is
legally nonconforming.
REAR
Min. 40 feet
Approximately 90 feet
Yes
BUILDING HEIGHT
Min. 35 feet
Height not provided;
building is one story.
Yes
FLOOR AREA OF D.U.
Min. 2,000 s.f.
1,368.93 s/f/
The size of the dwelling
unit is legally
nonconforming.
HEIGHT
Max. 35 ft.
Information not provided.
Building is one story high.
Building appears to be
legally nonconforming.
PARKING
Four spaces
Four spaces.
Yes.
LOT COVERAGE
Max. 35%
Lot coverage appears to be
less than 50%.
Yes.
YARD SETBACKS
R-100 STANDARD
Access and Transportation Considerations: The property is located on Chamblee-Tucker Road, a two-lane, twoway major arterial. Access to the property is via a paved driveway from Chamblee-Tucker Road.
Sidewalk/Pedestrian Access: A sidewalk is located in front of the property.
LAND USE AND ZONING ANALYSIS
Section 27-832 of the Zoning Ordinance, “Standards and factors governing review of proposed amendments to
the official zoning map” states that the following standards and factors shall govern the review of all proposed
amendments to the zoning maps.
A. Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan:
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Z-15-19664
The zoning proposal is consistent with the following strategy of the 2025 Comprehensive Plan: “Provide a
variety of housing opportunities and choices to better accommodate the needs of residents.” (HS13)
B. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent
and nearby properties:
Conversion of the property to residential use is suitable in view of the mixed residential and non-residential
character of the immediately surrounding area. Although some nearby properties with frontage on the south
side of Chamblee-Tucker Road have been rezoned from R-100 to O-I, the rezonings were done on a lot-by-lot
basis, apparently to accommodate use of formerly single-family homes to offices, over a period of twenty years.
The residential appearance of the buildings has remained; thus the O-I properties do not establish a visually
defined office district, so conversion of the subject property back to residential use would not have a
detrimental effect on the appearance of the south side Chamblee Tucker Road. In addition, the low-intensity
character of the subject property and the immediately surrounding properties, including all the properties
southwest of the corner of Chamblee Tucker Road and Tucker Norcross Road, is reflected in its land use
designation. It is part of a Suburban character area, in contrast to the commercial node to the north and
northeast, which is designated Neighborhood Commercial. It is appropriate to allow the properties on the south
side of Chamblee Tucker Road to be a mixture of residential and non-residential uses in residential structures,
rather than maintain office zoning that does not appear to be economically viable.
C. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently
zoned:
The property has been vacant since 2006; thus, it does not appear to have economic use as currently zoned.
D. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property:
Residential use of the subject property is not expected to adversely affect the adjoining or nearby properties.
Residential use is lower in intensity than the day care center use of the adjoining property to the west and office
building use of the adjoining property to the east.
E. Whether there are other existing or changing conditions affecting the use and development of the property,
which give supporting grounds for either approval or disapproval of the zoning proposal:
Staff is not aware of any other existing or changing conditions that would support either approval or disapproval
of the zoning proposal.
Whether the zoning proposal will adversely affect historic buildings, sites, districts, or archaeological
resources:
No historic buildings, sites, districts, or archaeological resources are located on the property or in the
surrounding area.
F. Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of
existing streets, transportation facilities, utilities, or schools:
The zoning proposal is not expected to cause a burden on the existing streets, utilities, or schools.
Attachments:
1. Department and Division Comments
2. Board of Health Comments
3. Application
4. Site Plan
5. Zoning Map
6. Land Use Plan Map
7. Aerial Photograph
8. Site Photographs
3/24/15 BOC
Prepared By: MLF
Page 4
Z-15-19664
N. 4
Z-15-19664
Zoning Map
N
N. 4
Z-15-19664
Land Use Map
NC
N
N.4
Z-14-19375
Aerial Photograph
Day Care
CVS
Subject
Property
N
Subject Property
Adjoining property to the west – Day Care Center
Z-15-19664
March 10, 2015
DEKALB COUNTY
ITEM NO.
N7
BOARD OF COMMISSIONERS
ZONING AGENDA / MINUTES
HEARING TYPE
PUBLIC HEARING
SUBJECT:
ACTION TYPE
ORDINANCE
MEETING DATE: March 24, 2015
Rezoning, Z-15-19671 Lavista Office Park LLC
COMMISSION DISTRICTS:
DEPARTMENT:
1&7
Planning & Sustainability
ATTACHMENT:
x YES
PAGES:
NO
47
PUBLIC HEARING:
INFORMATION
CONTACT:
PHONE NUMBER:
x YES
NO
Marian Eisenberg, Zoning Admin.
(404) 371-2155
PETITION NO: Z-15-19671
PROPOSED USE: Combine with adjacent tract for redevelopment as a retail shopping center
LOCATION: 2163 Northlake Parkway, Tucker, Georgia
PARCEL No.: Portion of 18 210 03 047 (Reclassified by DeKalb County to 18 210 03 054 on March 5, 2015)
PURPOSE: To rezone a portion of property within the Northlake Overlay District (Tier 2) from R-85 (Single Family
Residential) to O-I (Office-Institutional) to combine with the adjoining property to be redeveloped as a retail shopping
center. The property is located on the north side of Lavista Road, approximately 160 feet west of Winding Way at 2163
Northlake Parkway in Tucker, Georgia. The property has approximately 100 feet of frontage on Lavista Road and contains
2.69 acres.
RECOMMENDATIONS:
PLANNING COMMISSION:
APPROVAL WITH CONDITIONS
COMMUNITY COUNCIL:
FULL CYCLE DEFERRAL
PLANNING STAFF:
APPROVAL WITH CONDITIONS
PLANNING COMMISSION: On March 10, 2015 the Planning Commission recommended “Approval” of the proposed
rezoning request with the conditions recommended by Staff, with a request that the applicant meet with the neighbors before
the 3/24/15 BOC hearing.
PLANNING STAFF ANALYSIS:
The request is to rezone a 100 foot-wide, 2.69 acre portion of a 21.16 acre tract from R-85 to O-I to develop in combination
with the adjoining 18.47 acre portion of property already zoned O-I a 200,000 square foot retail shopping center with access
from Northlake Parkway and Lavista Road. The entire 21.16 acre tract is within Tier 2 of the Northlake Overlay District and
is currently developed as Lavista Office Park. A portion of the 100 foot wide strip along with the adjoining 18.47 acre O-I
zoned portion of property is needed to accommodate building and parking areas of the proposed retail shopping center which
calls for approximately 200,000 square feet of building area, 803 parking spaces, three entrances off Northlake Parkway, and
one entrance off Lavista Road. Since the rezoning of this 100 foot wide strip will allow for the redevelopment of the
adjoining 18.47 acre portion of the property into a retail shopping center, it appears that this request is consistent with the
Petition Number: Z-15-19671
Board of Commissioners: 03/24/15
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March 10, 2015
Comprehensive Plan’s Regional Center (RC) Character Area calling for a very high density mix of retail, office, services, and
employment to serve several neighborhoods (RCCAS20). It appears that a retail shopping center would be appropriate on the
overall 21.16 acre tract which is at a major interchange (I-285/Lavista Road) at the intersection of a major and minor
thoroughfare road (Lavista Road and Northlake Parkway), and is surrounded by offices, an extended stay motel, and
restaurants to the north, west, and south (Section 27- 832B).
Because the 100 foot- wide strip has always been part of the existing office park, it is appropriate that it be part of the proposed
retail redevelopment project. It will enable compliance with the Northlake Overlay District buffer requirements, which should
maintain compatibility with the adjacent Winding Woods single-family neighborhood to the east (Section 27-832 D).
Therefore, it is the recommendation of the Planning Department that the application be "APPROVED CONDITIONALLY"
with Staff’s recommended conditions.
PLANNING COMMISSION VOTE: Approval with conditions 6-1-0. A. Lerner moved, and T. Snipes seconded for
approval as recommended and conditioned by staff, with a request that the applicant meet with the neighbors before the
3/24/15 BOC hearing. J. West opposed. Motion passed 6-1-0.
COMMUNITY COUNCILVOTE/RECOMMENDATION:
Full Cycle Deferral 4-0-1. The Council recommended defer for a full cycle with an additional meeting with the community.
Discussion primarily concerned preservation of trees in the buffer area, location of fence, relocation of existing businesses,
greenspace, building height and building transition.
Petition Number: Z-15-19671
Board of Commissioners: 03/24/15
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March 10, 2015
RECOMMENDED CONDITIONS
Z-15-19671
1) There shall be a 40 foot buffer along the easternmost property line where it adjoins the Winding Woods subdivision.
30 feet of this buffer will be undisturbed by construction. It may be cleaned up to improve the foliage and trees or
shrubs will be added to it if needed to create a visual screen. The remaining 10 feet may be disturbed during
construction, but then will be replanted and maintained. A pervious foot path may be allowed in the 10’ disturbed
area. The maintenance of the buffer is subject to the recommendation of the DeKalb County Arborist.
2) Vegetation in proposed buffer area shall be in general compliance with the conceptual landscape plan labeled “Section
B” for the portion of the plan that applies to the subject property.
3) Any portion of this site used for buildings shall comply with the transitional height plan and building material
standards of the Northlake Overlay District. A 70 foot building setback line is established from the eastern boundary
of the property.
4) The developer will hire a licensed arborist to perform selective root cutting, consult on soil placement and compaction
around critical root zones, and create a prescriptive maintenance plan to remove invasive ivy and species detrimental
to tree health. This plan shall is subject to review and recommendation of the DeKalb County Arborist.
5) The developer shall install two rows of evergreen understory trees within the buffer adjacent to and on the property
line side of the fence subject to the review and recommendation of the DeKalb County Arborist.
6) Lighting shall be shielded or recessed so that direct glare and reflections are confined to the maximum
extent feasible within the boundaries of the site, and shall be directed downward and away from adjoining properties.
No lighting on private property shall produce an illumination level greater than one foot-candle on any property within
a residential zoning district except on the site of the light source.
7) The detention and retention pond will be designed to reduce mosquitos and minimize impacts to existing trees.
8) 1 -3.5” Caliber (as measured diameter 6” above ground) tree will be planted along each street frontage for every 30
linear feet of public road frontage.
9) 1 - 2.5” Caliber (as measured diameter 6” above ground) shade tree will be planted per 6 parking spaces.
10) Evergreen groundcover plantings will be installed on all slopes steeper than 2-1/2 to 1 to aid in erosion control.
11) The roadway improvements recommended in the Traffic Impact Analysis for Lavista Northlake Center, dated
November 13, 2014 will be installed, subject to approval of the Georgia Department of Transportation and/or the
DeKalb County Transportation Division of Public Works. These improvements include but are not limited to:
• Southbound left and northbound right turn lanes added to Northlake Parkway at the main site driveway
• A traffic signal will be installed at the main entrance on Northlake Parkway.
• A right deceleration lane will be constructed on LaVista Road at the site driveway per the GDOT
requirements.
Petition Number: Z-15-19671
Board of Commissioners: 03/24/15
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