dekalb county item no. d3 board of commissioners zoning agenda

March 7, 2016
DEKALB COUNTY
ITEM NO.
D3
BOARD OF COMMISSIONERS
ZONING AGENDA / MINUTES
HEARING TYPE
PUBLIC HEARING
MEETING DATE: March 22, 2016
ACTION TYPE
ORDINANCE
SUBJECT: Modification of Conditions , CZ-16-20312 Tyshawn Kingsberry
COMMISSION DISTRICTS:
DEPARTMENT:
ATTACHMENT:
Planning & Sustainability
x YES NO
26
PAGES:
PETITION NO:
5&7
PUBLIC HEARING:
INFORMATION
CONTACT:
PHONE NUMBER:
x YES NO
Marian Eisenberg, Zoning
Admin.
(404) 371-2155
SLUP-16-20312
PROPOSED USE: Child Caring-Institution Group for up to six (6) residents
LOCATION: 1833 Stephenson Road, Lithonia, Georgia
PARCEL No.: 16-191-03-014
PURPOSE: To request a Major Modification to zoning conditions pursuant to CZ-11-17341, to delete the
restriction for office use in order to allow a Child Caring Institution, Group for up to 6 residents in an O-I (OfficeInstitutional) District, in accordance with Section 27-4.2.41 of the DeKalb County Code.The property is located on
the south side of Stephenson Road, approximately 450 feet west of Rock Chapel Road, at 1833 Stephenson Road,
Lithonia, Georgia. The property has approximately 272 feet of frontage on the south side of Stephenson Road and
contains 3.99 acres.
RECOMMENDATIONS:
PLANNING COMMISION: APPROVAL WITH CONDITIONS
COMMUNITY COUNCIL:
APPROVAL
PLANNING STAFF:
APPROVAL WITH CONDITIONS
PLANNING COMMISSION MEETING (01/05/16 & 03/01/16): The Planning Commission voted to
approve the request per Staff recommendation.
Petition Number: CZ-16-20312
Board of Commissioners: 03/22/16
kfhill
March 7, 2016
PLANNING STAFF ANALYSIS:
The request to modify approved conditions Z-11-17341 to allow a child caring institution, group for up to six (6)
persons in an O-I (Office-Institutional) District allows a compatible use to the nearby existing child day care center
across from the site and surrounding single-family residences along Stephenson Road. The proposed use is
consistent with the following Comprehensive Plan strategies: Provide a variety of housing opportunities and
choices to better accommodate the needs of residents (HS13). The modification request will not adversely impact
surrounding land uses, traffic, utilities or schools in area. Therefore, the Planning and Sustainability Department
recommends APPROVAL WITH CONDITIONS of the modification request subject to the following attached
conditions:
PLANNING COMMISSION VOTE:
03/01/2016
Approval With Conditions: 6-0-0: M. Butts moved, J. West seconded for approval as recommended and
conditioned by staff.
01/05/2016
Approval With Conditions: 6-0-0: M. Butts moved and T. Phillips seconded for approval as recommended and
conditioned by staff. The motion unanimously passed 6-0-0 .
COMMUNITY COUNCILVOTE/RECOMMENDATION:
02/08/2016
Approval 5-0-0.
12/14/15
Approval 6-0-0.
Petition Number: CZ-16-20312
Board of Commissioners: 03/22/16
kfhill
March 7, 2016
CZ-16-20312
RECOMMENDED CONDITIONS
1. Use shall be limited to a child caring institution, group for no more than six (6) residents in the existing
residential structure.
2. The use shall be limited to the existing structure(s) with no exterior modifications except for normal
maintenance.
3. No business identification signage allowed.
4. Parking shall be allowed within the existing driveway.
5. The Special Land Use Permit shall be issued to Tyshawn Kingsberry for operation of a child caring institution and
shall not be transferrable.
Petition Number: CZ-16-20312
Board of Commissioners: 03/22/16
kfhill
DeKalb County Department of Planning & Sustainability
330 Ponce De Leon Avenue, Suite 500
Decatur, GA 30030
(404) 371-2155 / [email protected]
Lee May
Interim Chief Executive Officer
Planning Commission Hearing Date: Tuesday, March 1, 2016, 6:30 P.M.
Board of Commissioners Hearing Date: Tuesday, March 22, 2016, 6:30 P.M.
STAFF ANALYSIS
Case No.:
CZ-16-20312
Agenda #: D.3
Location/Address:
The south side of Stephenson Road, west of Commission District: 5 Super District: 7
Rock Chapel Road, at 1833 Stephenson Road,
Lithonia, Georgia.
Parcel ID(s):
16-191-03-014
Request:
To request a major modification to zoning conditions pursuant to CZ-11-17341, to delete
the restriction for office use in order to allow a Child Caring Institution for up to 6 persons
in an O-I (Office-Institutional) District, in accordance with Sec. 27-4.2.41.
Property Owner(s):
Ernest Howell Inc.
Applicant/Agent:
Tyshawn Kingsberry
Acreage:
3.99 Acres
Existing Land Use:
Vacant Single-Family Residential Structure
Surrounding Properties: Single-family residences, Child day care center, YMCA, Gas pumps,
Elementary School, vacant commercial zoned property
Adjacent Zoning:
Comprehensive Plan:
North: O-I (Office-Institutional), East & North: C-1 (Local Commercial)
South & West: R-100 (Residential Medium Lot) District
Suburban
X
Consistent
Proposed Square Ft.: None
Existing Square Feet: 2,887
Proposed Lot Coverage: None
Existing Lot Coverage: <35%
03/07/16 Prepared By: KFHILL
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CZ-16-20312
ZONING HISTORY:
The subject site was rezoned from R-100 (Residential Medium Lot) District to O-I (Office-Institutional) per Z-11-17341
with the following conditions:
1.
2.
3.
4.
Use shall be limited to a real estate office.
The outside structure may not be changed or moved.
No additional outside structures shall be added.
Signage to be approved by the Planning and Sustainability Department before constructed.
PROJECT ANALYSIS
The 3.98 acre site is located on the south side of Stephenson Road in the Stone Mountain area of unincorporated
DeKalb County. It is west of the intersection of Stephenson Road and Highway 124. The existing structure on the site
consists of a one (1) story single-family residence approximately 2,300 square feet. The site is heavily wooded with
mature vegetation in the rear and along the west property line. Access to the site is via a gravel driveway from
Stephenson Road, a two-lane minor thoroughfare with curbs, gutters and a sidewalk that extends along a portion of
the property frontage. The existing gravel driveway also provides access to a single family residence in the rear of the
property.
Adjacent land uses west and south of the site are existing single-family residences. East of the site is undeveloped
property. Along the north side of Stephenson Road is property developed as a child day care center. At the
northwest intersection of Stephenson Road and Highway 124 is a Chevron gas station. Along the east side of Highway
124 is Rock Chapel Park and Rock Chapel Elementary School. Further south of the site is a YMCA (Young Men's
Christian Association) recreational facility.
Condition 1 per Z-11-17341 restricts the use on the site to a real estate office. The applicant is requesting to modify
condition 1 to allow a child caring institution, group for up to six (6) residents which is a permitted use in the O-I
(Office-Institutional) District. Per the application, the facility would serve three (3) women and their babies for a total
of six (6) persons. This is a 24-hour operation with supervision from three (3) staff members. Staff’s recommended
condition limiting the use to six (6) residents would require an additional modification to allow an increase in number
of residents or any other uses on the site.
IMPACT ANAYSIS
Section 27-7.3.4 of the DeKalb County Code states that the following standards and factors shall govern the review
of all proposed amendments to the Official Zoning Map.
A.
Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan:
Located within a Suburban Character Area, the requested modification to allow a child caring institution, group
on the site as a permitted use is consistent with the following comprehensive plan strategy: 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:
The proposed modification request for a child caring institution, group on the site is suitable given the location
of a child day care center across from the site on Stephenson Road. Given that the existing structure will remain
residential in appearance, maintains its’ compatibility with existing single-family residences along Stephenson
Road.
03/07/16 Prepared By: KFHILL
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CZ-16-20312
C. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned:
The modification request has no effect on the current O-I (Office-Institutional) zoning on the site.
D. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property:
The modification request to allow a child caring institution, group on the site should not have an adverse impact
on existing non-residential and residential uses in the area.
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:
The existing structure will not be altered or modified in any manner. It will keep its residential appearance.
Capacity for the child caring institution will be limited to six (6) persons. These limitations give supporting
grounds for approval of the modification request.
F. Whether the zoning proposal will adversely affect historic buildings, sites, districts, or archaeological resources:
It appears that the modification request would not adversely affect historic buildings, sites or archeological
resources.
G. 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 request for a child caring institution, group for six (6) persons in the existing residential structure will not
cause an excessive burden on existing streets, transportation facilities, utilities, or schools.
H. Whether the zoning proposal adversely impacts the environment or surrounding natural resources.
The request for a child caring institution, group for six (6) persons in the existing residential structure will not
adversely impact the environment or surrounding natural resources.
COMPLIANCE WITH O-I DISTRICT STANDARDS:
REQUIREMENT
EXISTING
COMPLIANCE
LOT WIDTH
100 Feet
272 Feet on Stephenson
Road
Yes
LOT AREA
20,000 Square Feet
3.986 Acres
Yes
FRONT
Min. 50 Feet
>50 Feet
Yes
CORNER LOT -SIDE
N/A
N/A
N/A
INTERIOR LOT - SIDE
20 Feet
>20 Feet
Yes
YARD SETBACKS
STANDARD
03/07/16 Prepared By: KFHILL
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CZ-16-20312
REAR
30 Feet
>30 Feet
Yes
TRANS. BUFFERS
50 Feet along west and
rear property line
adjacent to R-100 zoned
property.
The site is heavily wooded.
It appears the existing
mature vegetation meets
the intent of the
transitional buffer.
Yes
HEIGHT
Max. 5 Stories
1-Story
Yes
LOT COVERAGE
PARKING
Max. 80%
2-4 parking spaces
<80 %
Can accommodate 4 or
more spaces
Yes
Yes
N/A
Shall comply when needed.
SUPPLEMENTAL REGULATIONS
Architectural Plans
Submit 2 copies to
Director of Planning
prior to issuance of
building permit or
business license.
STAFF RECOMMENDATION: APPROVAL WITH CONDITIONS
The request to modify approved conditions Z-11-17341 to allow a child caring institution, group for up to six (6)
persons in an O-I (Office-Institutional) District allows a compatible use to the nearby existing child day care center
across from the site and surrounding single-family residences along Stephenson Road. The proposed use is
consistent with the following Comprehensive Plan strategies: Provide a variety of housing opportunities and choices
to better accommodate the needs of residents (HS13). The modification request will not adversely impact
surrounding land uses, traffic, utilities or schools in area. Therefore, the Planning and Sustainability Department
recommends APPROVAL WITH CONDITIONS of the modification request subject to the following recommended
conditions:
1. Use shall be limited to a child caring institution, group for no more than six (6) residents in the existing
residential structure.
2. The use shall be limited to the existing structure(s) with no exterior modifications except for normal
maintenance.
3. No business identification signage allowed.
4. Parking shall be allowed within the existing driveway.
5. The Special Land Use Permit shall be issued to Tyshawn Kingsberry for operation of a child caring institution and shall
not be transferrable.
Attachments:
1. Department and Division Comments
2. Application
3. Site Plan
4. Zoning Map
5. Land Use Plan Map
6. Aerial Photograph
7. Site Photographs
03/07/16 Prepared By: KFHILL
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CZ-16-20312
NEXT STEPS
Following an approval of this application, one or several of the following may be required:
•
Land Disturbance Permit (Required for of new building construction on non-residential properties, or
land disturbance/improvement such as storm water detention, paving, digging, or landscaping.)
•
Building Permit (New construction or renovation of a building (interior or exterior) may require full plan
submittal or other documentation. Zoning, site development, watershed and health department standards will
be checked for compliance.)
 Certificate of Occupancy (Required prior to occupation of a commercial space and for use of property for
any business type. The issuance follows the review of submitted plans if required based on the type
occupancy.)
•
Plat Approval (Required if any parcel is being subdivided, re-parceled, or combined. Issued
“administratively”; no public hearing required.)
•
Sketch Plat Approval (Required for the subdivision of property into three lots or more. Requires a public
hearing by the Planning Commission.)
•
Overlay Review (Required review of development and building plans for all new construction or exterior
modification of building(s) located within a designated overlay district.)
•
Historic Preservation (A Certificate of Appropriateness is required for any proposed changes to building
exteriors or improvements to land when located within the Druid Hills or the Soapstone Geological Historic
Districts. Historic Preservation Committee public hearing may be required.)
•
Variance or Special Exception (Required to seek relief from any development standards of the Zoning
Ordinance. A public hearing and action by the Board of Appeals are required for most variances.)
•
Minor Modification (Required if there are any proposed minor changes to zoning conditions that were
approved by the Board of Commissioners. The review is administrative if the changes are determined to be
minor as described by Zoning Code.)
•
Major Modification (Required submittal of a complete zoning application for a public hearing if there are
any proposed major changes to zoning conditions that were approved by the Board of Commissioner for a
prior rezoning.)
 Business License (Required for any business or non-residential enterprise operating in Unincorporated
DeKalb County, including in-home occupations).
•
Alcohol License (Required permit to sell alcohol for consumption on-site or packaged for off-site
consumption. Signed and sealed distance survey is required. Background checks will be performed.)
Each of the approvals and permits listed above requires submittal of application and supporting documents, and
payment of fees. Please consult with the appropriate department/division.
03/07/16 Prepared By: KFHILL
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CZ-16-20312
DEKALB COUNTY GOVERNMENT
PLANNING DEPARTMENT
DISTRIBUTION FORM
NOTE: PLEASE RETURN ALL COMMENTS VIA EMAIL OR FAX TO EXPEDITE
THE PROCESS TO JOHN REID [email protected] or
MADOLYN SPANN [email protected]
The following areas below may warrant comments from the Development Division. Please respond accordingly as the issues relate to the
proposed request and the site plan enclosed as it relates to Chapter 14. You may address applicable disciplines.
DEVELOPMENT ANALYSIS:

Transportation/Access/Row
There are no proposed road improvements on Stephenson road for this site.
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
__________________________________________________________________________________________

Storm Water Management
A Land Disturbance Permit is not required for this project.
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
__________________________________________________________________________________________

Flood Hazard Area/Wetlands
The site does not appear to lie inside the FEMA Flood Hazard Zone according to County GIS mapping records as of
_________________________________________________________________________________________________________________________________
12/11/2015.
_________________________________________________________________________________________________________________________________
__________________________________________________________________________________________

Landscaping/Tree Preservation
Landscaping and tree preservation plans shall be in compliance with DeKalb County Code of Ordinances 14-39 and
_________________________________________________________________________________________________________________________________
are subject to approval by the DeKalb County Arborist
_________________________________________________________________________________________________________________________________
__________________________________________________________________________________________

Tributary Buffer
The County GIS map does not indicate a blue line stream on this property.
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
__________________________________________________________________________________________

Fire Safety
Plans for land development permit shall comply with Chapter 12 DeKalb County Code for fire protection and prevention.
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
__________________________________________________________________________________________
From: Keeter, Patrece (Public Works Transportation)
Sent: Wednesday, December 09, 2015 3:17 PM
To: Holston, LaSondra
Subject: RE: Inter-Dept. Comments (January 2016 Rezone Agenda)
D1- No comment
N1- No comment
N2- No comment
N3- Provide necessary right of way for GDOT project number 753290. GDOT permits required. Align
access point with Vista Valley at a 90 degree angle to Briarcliff Rd. Briarcliff Rd (SR 42) and Lavista Rd
(SR 236) are Minor Arterials- make sure the requirements in the chart for Chapter 14-190 (lane widths,
bike lanes, sidewalks, right of way dedication, etc.) are met as they may impact the sight plan. Briarcliff
Rd is also on the Tier 2 Bicycle Priority Network.
N4- GDOT permits required. Briarcliff Rd (SR 42) is a Minor Arterial- make sure the requirements in the
chart for Chapter 14-190 (lane widths, bike lanes, sidewalks, right of way dedication, etc.) are met as
they may impact the sight plan. Briarcliff is also on the Tier 2 Bicycle Priority Network. GDOT may also
require a deceleration lane- which would really impact the sight plan.
Align any new access point with Poplar Grove Drive. They need to make sure they comply with the
private alley requirements in Chapter 14-195. It looks like there are parallel parking spots on the 16”
alley. The code requires a minimum 12 foot private alley- to have the parking you need an additional 8
feet for a total of 20 feet. It’s hard to read exactly where the 16 measurement if from…. Private roads
must be built to public road standards (Chapter 14-189.1 (j) of the County Code.
N5- No Comment.
N6- GDOT permits required. Allow only one access point on Memorial Drive. Memorial Drive is
classified as a major arterial- make sure the requirements in the chart for Chapter 14-190 (lane widths,
bike lanes, sidewalks, right of way dedication, etc.) are met as they may impact the sight plan. Memorial
Drive is also on the Tier 2 Bicycle Priority Network. Allow on one access point on Thomas Road- farthest
from Memorial Drive.
N7- No comment. Glenwood Rd is a Minor Arterial- make sure the requirements in the chart for Chapter
14-190 (lane widths, bike lanes, sidewalks, right of way dedication, etc.) are met as they may impact the
sight plan. Glenwood Rd is also on the Tier 2 Bicycle Priority Network.
N8- GDOT permits required. Covington Hwy is classified as a major arterial- make sure the requirements
in the chart for Chapter 14-190 (lane widths, bike lanes, sidewalks, right of way dedication, etc.) are met
as they may impact the sight plan. Covington Hwy is also on the Tier 2 Bicycle Priority Network.
N9- No comment
N10. Eliminate total property curb cut by adding curbing, landscape strip and sidewalks along property
frontage with one access point. Rockbridge Rd is a Minor Arterial- make sure the requirements in the
chart for Chapter 14-190 (lane widths, bike lanes, sidewalks, right of way dedication, etc.) are met as
they may impact the sight plan. Rockbridge Rd is also on the Tier 2 Bicycle Priority Network.
N11. No Comment.
N12. No Comment. Stephenson Rd is a collector- make sure the requirements in the chart for Chapter
14-190 (lane widths, bike lanes, sidewalks, right of way dedication, etc.) are met as they may impact the
sight plan.
N13. No Comment.
Rock Chapel Road
Site
CZ-16-20312
SUB
Rock Chapel Road
Site
Site
Auto
Gas
Rock Chapel ES
DeKalb
YMCA
CZ-16-20312
Proposed Child Caring Institution for six (6) residents