Zoning Summary from March 26, 2013

Citizens may speak for or against an item that is considered by law to be a zoning ordinance and each side will have ten minutes to present its case. Citizens may also speak for or against an item that is placed on the public hearing agenda but is not a zoning ordinance.  In that case, each side will have five minutes to present its case.  In the event there is more than one speaker per side, speakers must divide their time in order to complete their full presentation within the ten-minute time allotment, or the five-minute time allotment.  When the buzzer sounds to indicate that time has run out, the speaker will be expected to immediately cease speaking and to leave the podium area.  Prior to speaking, please complete a speaker card and present it when approaching the podium.  If you have any documents for the Commissioners, please provide 10 copies when approaching the podium.  Seven copies are for the Commissioners and the remaining copies are for the planning director, the county attorney and the clerk.  Applicants or citizens speaking in favor of an item shall speak first and applicants in zoning ordinance cases shall have the right to reserve time for rebuttal.  Opponents of a zoning ordinance item shall have no right of rebuttal.  Once the citizens have finished speaking, staff shall make a recommendation for action to the commission. At this point, citizens are no longer allowed to speak unless called to the podium by an individual commissioner to answer questions or provide information.  When speaking, always talk directly into the microphone and begin by stating your name, address and the name of any organization you represent.  Abusive, profane or derogatory language will not be permitted. Holding up signs, clapping and yelling to show support for or opposition to a speaker will not be permitted, but a show of hands or quietly standing will be permitted to show support for or opposition to a speaker’s position.

Deferred Cases

D.1    TA-12-18213       
APPROVED SUBSTITUTE MAP DATED MARCH 22, 2013 SUBMITTED ON THE FLOOR MARCH 26, 2013.                       
Commission District: 3 Super District: 6
15-044-09-036

Application of DeKalb County Board Of Commissioners to establish and define the Bouldercrest-Cedar Grove-Moreland Overlay District under Chapter 27 DeKalb County Code of Ordinances, to provide development standards, architectural standards, prohibited uses, design guidelines and for other purposes.

NEW CASES: 

N.1    SLUP-13-18409       
DEFERRED UNTIL APRIL 9, 2013; DECISION ONLY               
Commission District: 5 Super District: 7
15-160-02-072

Application of Norma Glenn for a Special Land Use Permit (SLUP) to allow a child day care facility for up to six children in an R-85 (Single-Family Residential) District. The property is located on the north side of Bankside Circle, approximately 132 feet east of Snap Creek Lane, at 2324 Bankside Circle, Decatur.  The property has approximately 105 feet of frontage on Bankside Circle and contains .33 acre.

N.2    SLUP-13-18410       
APPROVED WITH REVISED CONDITIONS DATED MARCH 26, 2013 SUBMITTED BY COMMISSIONER RADER           
Commission District: 2 Super District: 6
18-058-01-001

Application of Forty-Six LLC for a Special Land Use Permit (SLUP) for a 3,886 square foot Late Night Establishment (Tin Lizzy's) to locate within a portion of an existing building (Suite B-200) in the PC3 (Pedestrian Community) District. The property is located on the north side of Clifton Road, approximately 1,185 feet northwest of Houston Mill Road at 1540 Avenue Place in Atlanta, Georgia. The property has approximately 1,312 feet of frontage along Clifton Road and contains 36 acres.

N.3    SLUP-13-18411       
APPROVED WITH STAFF’S CONDITIONS                       
Commission District: 2 Super District: 6
18-204-01-113

Application of Highwoods Realty Limited Partnership to request a Special Land Use Permit (SLUP) to redevelop the site and increase the allowed building height in an OD (Office-Distribution) District from a maximum of two stories up to five stories for construction of a one-story annex building, a one-story screening facility, a 4-four-story parking garage and a five-story office building. The property is located on the northwest side of Century Parkway NE and the west side of Northeast Expressway Frontage Road 85 at 2801 Century Parkway NE in Atlanta, Georgia. The property has approximately 481.72 feet of frontage along the northwest side of Century Parkway NE (a private drive) and 271.45 feet of frontage along the west side of Northeast Expressway Frontage Road and contains 8.82 acres.

N.4    CZ-13-18413           
DEFERRED FOR A FULL CYCLE; MAY 28, 2013                   
Commission District: 4 Super District: 7
18-188-02-029

Application of Bojangles Restaurants to request a major modification to amend approved zoning conditions (1) and (6) pursuant to Z-12-17896 within the C-1 (Local Commercial) District. The request is to allow stucco (EFIS) as an allowable building facade material visible from the public right-of-way and to reduce the 50 foot transitional buffer to 10 feet along a portion of the west property line adjacent to property located at 3320 Lawrenceville Highway. The property is located on the southwest side of Lawrenceville Highway, approximately 282 feet southwest of the corner of Lawrenceville Highway and Northlake Parkway, at 3220 and 3336 Lawrenceville Highway, Tucker, Georgia. The property has approximately 191 feet of frontage along Lawrenceville Highway and contains 1.12 acres.

N. 5    SLUP-13-18412           
DEFERRED FOR A FULL CYCLE; MAY 28, 2013                   
Commission District: 4 Super District: 7
18-188-02-029

Application of Bojangles Restaurants for a Special Land Use Permit (SLUP) to allow a new Bojangles restaurant with a drive-through lane in the C-1 (Local Commercial) District. The property is located on the southwest side of Lawrenceville Highway, approximately 282 feet southwest of the corner of Lawrenceville Highway and Northlake Parkway, at 3220 and 3336 Lawrenceville Highway, Tucker, Georgia.  The property has approximately 191 feet of frontage along Lawrenceville Highway and contains 1.12 acres.

N.6    Z-13-18414           
DEFERRED FOR A FULL CYCLE; MAY 28, 2013                   
Commission District: 2 Super District: 6
18-151-02-007 thru 18-151-02 014

Application of Unified Clairmont to rezone from the R-100 (Single-Family Residential) District to RM150 (Multi-Family Residential) District to allow for a personal care home, community for 56 beds. The property is located on the south side of North Druid Hills Road, east of High Haven Court and west of Berkeley Road at 2653, 2665, 2675, 2682, 2689, 2697, 2705 and 2713 North Druid Hills Road in Atlanta, Georgia. The property has approximately 837 feet of frontage along the south side North Druid Hills Road and contains 6.26 acres.

N.7    SLUP-13-18415           
APPROVED SUBSTITUTE CONDITIONS SUBMITTED BY COMMISSIONER MAY (N.8 CONDITIONS APPLY FOR N.7 ALSO)                   
Commission District: 5 Super District: 7
15-189-08-011, 15-189-08-012, 15-189-08-013, 15-189-08-014

Application of Petroleum Realty II, LLC for a Special Land Use Permit (SLUP) for a gas station and convenience store with alcohol sales in a C-1 (Local Commercial) District. The property is located on the northeast corner of Glenwood Road and Danrich Drive, approximately 270 feet west of I-285, at 4330 &4532 Glenwood Road and 1812 and 1820 Danrich Drive, Decatur. The property has approximately 70 feet of frontage on the north side of Glenwood Road, 100 feet of frontage on the east side of Danrich Drive, and 304feet of frontage on the west side of Moseri Road and contains .95 acre.

N.8    SLUP-13-18416       
APPROVED SUBSTITUTE CONDITIONS SUBMITTED BY COMMISSIONER MAY (N.8 CONDITIONS APPLY TO N.7)       
Commission District: 5 Super District: 7
15-189-08-011, 15-189-08-012, 15-189-08-013, 15-189-08-014

Application of Petroleum Realty II, LLC for a Special Land Use Permit (SLUP) for a gas station and convenience store with automobile fuel pumps in a C-1 (Local Commercial) District. The property is located on the northeast corner of Glenwood Road and Danrich Drive, approximately 270 feet west of I285, at 4330 & 4532 Glenwood Road and 1812 and 1820 Danrich Drive, Decatur. The property has approximately 70 feet of frontage on the north side of Glenwood Road, 100 feet of frontage on the east side of Danrich Drive, and 304 feet on the west side of Moseri Road and contains .95 acre.

N.9    CZ-13-18417       
APPROVED WITH REVISED CONDITIONS SUBMITTED BY COMMISSIONER GANNON TO ALLOW FOR OFFICE USE IN ADDITION TO A BEAUTY SALON                    
Commission District: 4 Super District: 6
18-043-02-008

Application of Jeffrey Glover for a major modification to zoning conditions of CZ-98091 to allow a State Farm Insurance office within a separate office suite in an existing building within the NS(Neighborhood Shopping) District (current condition restricts land use to a beauty salon only). The property is located on the north side of Rockbridge Road adjacent to the Rockmor Plaza Shopping Center, approximately 425 feet east of Memorial Drive at 3940 Rockbridge Road in Stone Mountain, Georgia. The property has approximately 175 feet of frontage along Rockbridge Road and 121 feet of frontage along Old Stone Mountain Highway and contains .52 acre.

N.10    SLUP-13-18418       
APPROVED WITH STAFF’S CONDITIONS                       
Commission District: 2 Super District: 6
18-051-07-016

Application of Ttm Group, Llc for a Special Land Use Permit (SLUP) for a beer growler store (Alcohol Outlet) within a 968 square foot suite (Suite 2c) of the Emory Walk Shopping Center in the C-1(Local Commercial) District. The property is located on the west side of Clairmont Road, approximately140 feet south of North Decatur Road at 1248 Clairmont Road in Decatur, Georgia. The property has approximately 150 feet of frontage along Clairmont Road and contains 1.64 acres.

N.11    SLUP-13-18421           
DENIED                   
Commission District: 3 Super District: 7
15-093-08-005

Application of Lakeisha Stiggers for a Special Land Use Permit (SLUP) to operate a child care institution, group (with pregnant teens only), for up to six residents in an R-100 (Single-Family Residential) District. The property is located on the southwest corner of Crabapple Lane and Wesley Chapel Road at 3171 Wesley Chapel Road, Decatur. The property has approximately 123 feet of frontage on the west side of Wesley Chapel Road and 126 feet of frontage on the south side of Crabapple Lane and contains .35 acre.  920 feet of frontage on the south side of S. Ponce de Leon Avenue and contains 2.6 acres.