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Planning Commission

May 2, 2024 ·6:00 PM Final-revised

via Zoom

Agenda — 16 items

  1. 1 Call To Order
  2. 2 The DeKalb County Planning Commission will hold its online zoning meeting on Thursday, May 2, 2024 at 6:00 p.m. This meeting will be conducted via teleconference (Zoom). The public is invited to Join from PC, Mac, Linux, iOS or Android: Join from PC, Mac, Linux, iOS or Android: https://dekalbcountyga.zoom.us/s/86330344636 or telephone dial: USA 888-270-9936 (US Toll Free) Conference code: 691303 For those joining the meeting by telephone, please be aware that your phone number may be displayed to the public viewing or participating in the online meeting. The Planning Commission will provide ten (10) minutes of time for citizens to speak in favor of an agenda item, and ten (10) minutes for citizens to speak in opposition. Public comments will be limited to two (2) minutes for applications requesting a withdrawal. Citizens attending the meeting via the Zoom link will be able to join the public comment queue by raising their hand in the Zoom application, while citizens who attend the meeting via telephone may join the comment queue by pressing # and the number 2. There are no comment cards, so when called upon, citizens are asked to please state their name and address for the record. The public is also asked to be conscious of speaking time so that everyone may have an opportunity to provide input in the allotted time. Citizens have until 3 business days prior to the hearing date to email documents for inclusion into the official record by submitting such materials to plansustain@dekalbcountyga.gov Legal noticing and posting of signs have been completed in accordance with requirements of the DeKalb County Zoning Ordinance. The items on this agenda were presented at Community Council review meetings last month. The Planning Department has prepared the required ordinances as well as the staff analysis, findings of facts, and recommendations for all applications that are on tonight's agenda. Each case on the agenda will proceed accordingly: Announcement of the case by Staff. Ten (10) minutes of testimony will be allocated for the applicant and those in support of the application. Ten (10) minutes of testimony will be allocated for the opponents. Speaking time will be limited to two (2) minutes for any application seeking a withdrawal. Public testimony will then close and Planning Commission members will commence discussing the merits of the application with respect to the evaluation criteria, staff analysis and public testimony presented at this hearing. At this point, Planning Commissioners may ask questions of the Staff, applicant or public for clarification of an issue. Citizens are not allowed to interrupt or speak out unless called upon by members of the Planning Commission. The Planning Commission will then make a motion to adopt the findings of facts for the record as presented in the staff analysis, or as modified by the Planning Commission followed by a recommendation to the Board of Commissioners of: Approval, Approval with conditions, Denial, Deferral, or Withdrawal without prejudice. Cases on this agenda will be heard at a public hearing before the Board of Commissioners on Thursday, May 23, 2024 @ 5:30 p.m., in-person (this is not a Zoom meeting) at the Manuel Maloof Auditorium, 1300 Commerce Drive, Decatur, Georgia 30030, and via the County website.
  3. 3 Roll Call
  4. 4 Defered Cases
  5. D1 COMMISSION DISTRICT(S): COMMISSION DISTRICT 05 SUPER DISTRICT 07 Application of The Varner Group c/o Bejune Industries to rezone property from C-1 (Local Commercial) zoning district to RSM (Residential Medium Lot) zoning district to construct a townhome community, at 6826 Covington Highway. Approved with conditions per staff recommendation Pass
  6. D2 COMMISSION DISTRICT(S): All Districts Application of the Director of Planning & Sustainability for a text amendment relating to short-term rentals and for other purposes. This text amendment is County-wide. Deferred for two full cycles Pass
  7. 7 New Cases
  8. N1 COMMISSION DISTRICT(S): COMMISSION DISTRICT 05 SUPER DISTRICT 07 Application of Eritrea Geberehiwot for a Special Land Use Permit (SLUP) to operate a child day care for up to 6 children in the R-85 (Residential Medium Lot-85) zoning district, within the Hidden Hills Overlay District, at 1584 S. Hairston Road. 2024-0361 Denial per staff recommendation Pass
  9. N2 COMMISSION DISTRICT(S): DISTRICT 05 SUPER DISTRICT 07 Application of Wendy Rios Ochoa for a renewal of a Special Land Use Permit (SLUP) to operate a child day care for up to 6 children in the RSM (Small Lot Residential Mix) zoning district, at 6168 Marbut Road. 2024-0362 Approved with conditions per staff recommendation Pass
  10. N3 COMMISSION DISTRICT(S): COMMISSION DISTRICT 03 SUPER DISTRICT 07 Application of Rosalie Ezekiel for a Special Land Use Permit (SLUP) to operate a private school in R-75 (Residential Medium Lot-75) zoning district, at 2135 Shamrock Drive. 2024-0363 Approved with conditions per staff recommendation Pass
  11. N4 COMMISSION DISTRICT(S): COMMISSION DISTRICT 04 SUPER DISTRICT 07 Application of Proverbs Christian School, LLC for a Special Land Use Permit (SLUP) to allow a child day care facility for up to six (6) children in the RSM (Small Lot Residential Mix) zoning district, at 598 Mountain Harbor. 2024-0364 Approved with conditions per staff recommendation Pass
  12. N5 COMMISSION DISTRICT(S): COMMISSION DISTRICT 02 SUPER DISTRICT 06 Application of Amy Wilson c/o Battle Law, P.C. to rezone property from R-75 (Residential Medium Lot-75) zoning district to C-1 (Local Commercial) zoning district to operate a specialized school for art classes and other art-related activities, at 558 Medlock Road. 2024-0365 Approved with conditions per staff recommendation Pass
  13. N6 COMMISSION DISTRICT(S): Commission District 03 Super District 06 Application of Battle Law, P.C. for a Special Land Use Permit (SLUP) to allow single-family detached cluster homes in Tier 3 of the Bouldercrest Overlay District, the Soapstone Historic District, and the R-100 (Residential Medium Lot-100) zoning district, at 2098 & 2124 Cedar Grove Road. 2024-0366 Denial per staff recommendation Pass
  14. N7 COMMISSION DISTRICT(S): Commission District 05 Super District 07 Application of MBA Productions, LLC c/o Giacoma, Roberts, & Daughdrill, LLC for a Major Modification of zoning conditions pursuant to CZ-00069 to allow music recording and photography studios in the O-I (Office-Institutional) zoning district, at 6020, 6038, and 6048 Paul Road. 2024-0367 Approved with conditions per staff recommendation Pass
  15. N8 COMMISSION DISTRICT(S): COMMISSION DISTRICT 05 SUPER DISTRICT 07 Application of MARTA to rezone properties from O-I/R-75/MR-1/RSM zoning districts, within the Indian Creek Overlay District to MU-4 (Mixed Use High Density) zoning district, within the Indian Creek Overlay District to allow for a mixed-use, transit-oriented development (TOD) at the Indian Creek Marta station. 2024-0110 Approved with conditions per staff recommendation Pass
  16. N9 COMMISSION DISTRICT(S): COMMISSION DISTRICTS 03, 04 & 05; SUPER DISTRICT 06 & 07 Application of the Director of the DeKalb County Planning & Sustainability department to request text amendments to the Zoning Ordinance, 27-3.41 DIVISION 41. - COVINGTON AND INDIAN CREEK DISTRICTS. This text amendment is for properties within the boundary of the Covington and Indian Creek Districts. 2024-0114 Approval per staff recommendation Pass