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March 10, 2015
DEKALB COUNTY
ITEM NO.
D3
BOARD OF COMMISSIONERS
ZONING AGENDA / MINUTES
HEARING TYPE
PUBLIC HEARING
SUBJECT:
ACTION TYPE
ORDINANCE
MEETING DATE: March 24, 2015
Special Land Use Permit, SLUP-15-19581 Cronos Development
COMMISSION DISTRICTS:
DEPARTMENT:
2&6
Planning & Sustainability
ATTACHMENT:
x YES
PAGES:
NO
23
PUBLIC HEARING:
INFORMATION
CONTACT:
PHONE NUMBER:
x YES
NO
Marian Eisenberg, Zoning Admin.
(404) 371-2155
PETITION NO: SLUP-15-19581
PROPOSED USE: Three Story Office Building
LOCATION: 1923 Clairmont Road, Decatur, Georgia
PARCEL No.: 18 103 05 022
PURPOSE: For a Special Land Use Permit (SLUP) in the C-1 (Local Commercial) District to increase building height
from two to three stories to allow a new 27,375 square foot office building. The property is located on the southeast corner
of Clairmont Road and North Williamsburg Drive at 1923 Clairmont Road in Decatur, Georgia. The property has
approximately 233 feet of frontage along North Williamsburg Drive and 200 feet of frontage along Clairmont Road and
contains 1.02 acres.
RECOMMENDATIONS:
PLANNING COMMISSION:
FULL CYCLE DEFERRAL
COMMUNITY COUNCIL:
APPROVAL
PLANNING STAFF:
APPROVAL WITH CONDITIONS
PLANNING COMMISSION: On March 10, 2015 the Planning Commission recommended “Full Cycle Deferral” of the
proposed SLUP request.
PLANNING STAFF ANALYSIS:
The proposed request to demolish the existing one-story convenience store and gas pumps and redevelop the site with a three
story office building falls under the requirements for a Special Land Use Permit (SLUP) since the proposed building height
exceeds two stories. Based on the submitted conceptual elevations of the proposed office building, it appears that the
proposed SLUP to increase height is consistent with the policies of the Commercial Redevelopment Corridor (CRC) Character
Area of the DeKalb County Comprehensive Plan calling for enhancing the visual appearance of commercial structures in a
state of disinvestment and decline and focusing development on parcels that abut the designated Commercial Redevelopment
Corridor (CRCCAP7 & CRCCAS12). The request to allow a building height of three stories is suitable given the three-story
medical office building to the west across from the subject site (Shepherds Pathway Building), the five- story apartment
buildings (Clairmont Crest Apartments) approximately 445 feet to the south and the three-story apartment buildings
Petition Number: SLUP-15-19581
Board of Commissioners: 03/24/15
jlr
March 10, 2015
(Longwood Apartments) approximately 535 feet to the northeast and the property’s proximity to an intersection of two major
thoroughfare roads (Clairmont Road and North Druid Hills Road) (Sec. 27-873B). Since the proposed request is to
substantially redevelop the site, the Land Development Ordinance will require sidewalks along Clairmont Road and North
Williamsburg Drive. The size of the site is adequate for the use contemplated since the C-1 district requires 20,000 square feet
(approx. .46 acres), and the project site contains 1.02 acres (44,431 square feet).
Since variances are required for the proposed 6 foot side yard setback along the southern property line (minimum of 20 feet is
required by Zoning Ordinance) and the proposed 71 parking spaces (110 parking spaces are required by the Zoning
Ordinance), approval cannot be based on the submitted site plan. It should be noted that even with the proposed reduction in
side yard building setback, the proposed office building will still be 46 feet away from the adjacent Golden Buddha restaurant
building. Since the proposed office building will be 46 feet away from the adjacent Golden Buddha restaurant and will only
be three stories tall, there does not appear to be any negative shadow impacts on adjoining lots or buildings (Sec 27-873 R).
Regarding parking, the applicant is trying to obtain a shared parking agreement with the adjacent Golden Buddha restaurant.
Therefore, it is the recommendation of the Planning and Sustainability Department that the Special Land Use Permit (SLUP)
request be "APPROVED CONDITIONAL” subject to Staff’s recommended conditions.
PLANNING COMMISSION VOTE: Full Cycle Deferral 7-0-0.
deferral. The motion unanimously passed.
J. West moved, and M. Butts seconded for full cycle
COMMUNITY COUNCILVOTE/RECOMMENDATION:
Approval 5-0-0 (No Quorum). There was not a quorum, but the members present thought the proposal was appropriate in
this location.
Petition Number: SLUP-15-19581
Board of Commissioners: 03/24/15
jlr
March 10, 2015
RECOMMENDED CONDITIONS
SLUP-15-19581
1.
Limit maximum building height to three stories and to the conceptual building façade elevations date stamped
11/6/14 by the Planning and Sustainability Department.
2.
Seek variances by the Board of Appeals to the parking, side-yard building setback, and/or other applicable
requirements of the C-1 zoning district. Approval of this rezoning does not result in any action for which the Board of
Zoning Appeals has sole authority.
3.
All refuse areas shall be completely screened from view of public right-of-way.
4.
Provide and/or maintain a 10-foot wide landscape strip with one street tree for every 50 feet of street frontage along
Clairmont Road and North Williamsburg Drive or as approved by the County Arborist.
5.
Ground signs shall be limited to a mounted monument style sign with a base and framework made of brick or stone,
and shall not exceed a height of ten feet or a sign area of forty-eight square feet.
Petition Number: SLUP-15-19581
Board of Commissioners: 03/24/15
jlr
March 10, 2015
ITEM NO.
DEKALB COUNTY
N6
BOARD OF COMMISSIONERS
ZONING AGENDA / MINUTES
HEARING TYPE
PUBLIC HEARING
SUBJECT:
ACTION TYPE
ORDINANCE
MEETING DATE: March 24, 2015
Special Land Use Permit, SLUP-15-19670 Oak Grove United Methodist Church
COMMISSION DISTRICTS:
DEPARTMENT:
2&6
Planning & Sustainability
ATTACHMENT:
x YES
PAGES:
NO
42
PUBLIC HEARING:
INFORMATION
CONTACT:
PHONE NUMBER:
x YES
NO
Marian Eisenberg, Zoning Admin.
(404) 371-2155
PETITION NO: SLUP-15-19670
PROPOSED USE: Church Addition
LOCATION: 2374 Fair Oaks Road, and 1722, 1780, and 1792 Oak Grove Road, Decatur, Georgia
PARCEL No.: 18 160 03 003, 18 160 03 004, 18 160 03 005, 18 160 03 151
PURPOSE: To request a Special Land Use Permit (SLUP) to allow expansion of the Oak Grove United Methodist
Church for a three-story (32 foot high), 34,500 square foot education building addition and to include 1780 and 1792
Oak Grove Road for future church use in the R-100 (Single-Family Residential) District and the Sagamore Hills
Residential Infill Overlay District. The property is located on the west side of Oak Grove Road, the south side of Crestline
Drive, and the north side of Fair Oaks Road at 2374 Fairoaks Road and 1722, 1780, and 1792 Oak Grove Road in Decatur,
Georgia. The property has approximately 1,032 feet of frontage along Oak Grove Road, 218 feet of frontage along Crestline
Drive, and approximately 775 feet of frontage along Fair Oaks Road175 feet of frontage along Covington Highway and
contains 11.49 acres.
RECOMMENDATIONS:
PLANNING COMMISSION:
APPROVAL WITH CONDITIONS
COMMUNITY COUNCIL:
APPROVAL
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.
PLANNING STAFF ANALYSIS:
The proposed request to demolish the existing 9,800 square foot church education building and replace it with a 34,500 square
foot education building falls under the requirements for a Special Land Use Permit (SLUP) since the proposed building is an
expansion of the existing Place of Worship. The proposed expansion is consistent with the church’s original 1968 masterplan
(see attached). Based on the submitted conceptual elevations (see attached), it appears that the proposed SLUP to add a 32 foot
high church education building is compatible with the building height of the existing 35 foot high sanctuary. Based on the
submitted site plan, the proposed place of worship appears to be compatible with existing low density residential development
Petition Number: SLUP-15-19670
Board of Commissioners: 03/24/15
jlr
March 10, 2015
surrounding the subject site since the proposed building additions will be located no closer to adjacent residential uses or
property lines than the existing buildings and parking lots on the project site. Furthermore, no additional parking demand will
be created since the request is not proposing to expand the number of seats in the sanctuary (Sec 27-873 B). It appears that the
size of the size it adequate for the proposed use since the R-100 district requires a minimum of 3 acres, and the subject site
contains 11.49 acres (Section 27-873 A).
The property falls within the boundaries of the Sagamore Hills Residential Infill Overlay District (RIOD) which limits building
height of single-family dwellings to 28 feet. In accordance with Section 27.722.9 of the Zoning Ordinance (See attached), it
appears than non-residential buildings are not subject to RIOD height requirements. Therefore, it is Staff’s interpretation that
the height requirements for this use are controlled by the underlying R-100 base zoning which allows a building height of 35
feet from the average finished grade. The proposed 32 foot high church education addition complies with this requirement.
While the proposed building additions appear to comply with all zoning requirements, some of the existing church buildings
and parking areas encroach into the minimum 75 foot building setback and 20 foot parking lot/driveway setback requirements
along Fair Oaks Road and Oak Grove Road per the supplemental regulations of the Zoning Ordinance. However, given these
structures are pre-existing, they are considered to be non-conforming structures. It is the recommendation of the Planning and
Sustainability Department that the Special Land Use Permit request be “APPROVED CONDITIONALLY” given that
churches are exempt from the height requirements of the RIOD ordinance and subject to Staff’s recommended conditions.
PLANNING COMMISSION VOTE: Approval with conditions 7-0-0. J. West moved, and A. Lerner seconded for
approval as recommended and conditioned by staff. The motion unanimously passed.
COMMUNITY COUNCILVOTE/RECOMMENDATION:
Approval 5-0-0 (No Quorum) . While there was not a quorum, the Council voted for approval.
Petition Number: SLUP-15-19670
Board of Commissioners: 03/24/15
jlr
March 10, 2015
RECOMMENDED CONDITIONS
SLUP-15-19670
1.
Limit maximum building height of the proposed church education building addition to 32 feet as measured from the
average finished grade to the average distance between the eaves and the ridgeline of the roof. Limit maximum
building height of the proposed 1,500 square foot addition to the rear of the existing church building to 25 feet in
height as measured from average finished grade to the average distance between the eaves and the ridgeline of the
roof.
2.
Approval of a place of worship and accessory uses and buildings in general compliance to building locations as shown
on the conceptual plan stamped received by the Planning and Sustainability Department on January 8, 2015, prepared
by Perkins and Will.
3.
Any substantial changes other than those proposed under this application to the site plan related to building, parking
lot, or driveway expansion shall be required to obtain approval of a new Special Land Use Permit from the Board of
Commissioners.
4.
Any change in occupancy from single-family land use for the structure at 1792 Oak Grove Road (Parcel 151) shall
require necessary building permits and certificates of occupancy.
5.
Parcels 3, 4, and 5 (2374 Fair Oaks Road, 1722 Oak Grove Road, and 1780 Oak Grove Road) to be consolidated into
one lot prior to the issuance of any building permits. Parcel 151 (1792 Oak Grove Road) to be consolidated with
remainder of church property prior to issuance of any certificates of occupancy for any use other than a single-family
dwelling.
6.
Building facades visible from public right-of-ways shall consist of primarily brick, stone, or wood. No building
façade shall have exposed metal siding.
7.
Provide a 6-foot wide sidewalk along the property frontage of Oak Grove Road.
8.
Comply with parking lot landscaping requirements for the new parking lot as approved by the County Arborist.
9.
All new exterior lighting shall be screened or shielded to minimize glare and keep light inside the development
Petition Number: SLUP-15-19670
Board of Commissioners: 03/24/15
jlr