DeKalb County, GA Seal DeKalb County Commissioner Jeff Rader Commissioner Jeff Rader
Manuel J. Maloof Center
1300 Commerce Drive
5th Floor
Decatur, GA 30030

(404) 371-2863

jrader@co.dekalb.ga.us
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DEKALB COUNTY BOARD OF COMMISSIONERS
Tuesday September 23, 2008
6:30 PM

AGENDA

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D.1    Z-08-14802    (WITHDRAWN WITHOUT PREJUDICE)    Commission District:  1
Super District:  6
18-345-03-006 & 010

Application of Coro Realty Advisors, LLC c/o Smith, Gambrell & Russell - Dennis Webb to rezone property from C-1 (Local Commercial) and O-I (Office-Institutional) District to O-I (Office-Institutional) [Conditional] District to allow for a 160 unit high-rise apartment development.  The property is located on the south side of Old Spring House Lane and the west side of Chamblee Dunwoody Road at 4536 Chamblee Dunwoody Road. The property has 303 feet of frontage along Old Springhouse
Lane, 60 feet of frontage along Chamblee Dunwoody Road and contains 4.04 acres.

D.2    SLUP-08-14799       (WITHDRAWN WITHOUT PREJUDICE)    Commission District:  1  Super District:  6
18-345-03 006 & 010

Application of Coro Realty Advisors, LLC c/o Smith, Gambrell & Russell LLP – Dennis Webb to request a Special Land Use Permit to allow a 160-unit high-rise apartment development at a maximum height of sixty (60) feet (5 stories) in the O-I (Office-Institutional) zoning district.  The property is located on the south side of Old Spring House Lane and the west side of Chamblee Dunwoody Road at 4536 Chamblee Dunwoody Road.  The property has 303 feet of frontage on Old Spring House
Lane, 60 feet of frontage on Chamblee-Dunwoody Road and contains 4.04 acres.

D.3    Z-08-14804    (DEFERRED TO OCTOBER 14, 2008; DECISION ONLY)                       Commission District:  5  Super District:  7
16-015-02-001; 16-016-01-001

Application of Wayne Thomas Group c/o Dennis Webb - Smith, Gambrell & Russell, LLC to rezone the property from R-100 (Single-Family Residential) to C-1 (Local Commercial) District to allow for the development of an office, retail and restaurant development.  The property is located on the northwest side of Snapfinger Road at its intersection with Panola Road. The property has approximately 1,200 feet of frontage, and contains 56.3 acres.

D.4    Z-08-14827     (FULL CYCLE DEFERRAL)         Commission District:  5  Super District:  7
16-037-01-003 thru 011; 16-037-01-013 thru 015; 16-037-01-077 thru 079; 16-037-01-081

Application of Berean Christian Church c/o Vernon Tharps to rezone the subject property from R-100 (Residential) and C-1 (Local Commercial) District to O-I (Office-Institutional) and C-1 (Local  Commercial) District to develop a new sanctuary; a child care facility; retail, office and restaurant uses; apartment living units and a parking deck in conjunction with theexisting sanctuary, family life center and a single family residence currently on site. The property is located on the north side of Bell Circle, the northwest side of Young Road,  and the west side of Panola Road. The property has 925.55 feet of frontage along Panola Road, 707.64 feet along Young Road, 1,117.04 feet along Bell Circle and contains 38.6 acres.

D.5    SLUP-08-14828      (FULL CYCLE DEFERRAL)        Commission District:  5
Super District:  7
16-037-01-006 & 078

Application of Berean Christian Church c/o Vernon Tharps to request a Special Land Use Permit to allow a high-rise apartment/condo in an O-I (Office-Institutional) zoning district pursuant to Article 27-490(c)(8) and to allow a high-rise apartment to exceed height of 35 feet adjacent to a single family detached zoning district pursuant to Article 27-490(c)(6). The property is located on the northwest side of Panola Road, approximately 410 feet north of the Young Road/Panola Road intersection at 2201 Young Road. The property has 286.34 feet of frontage along Panola Road and contains
2.93 acres.

NEW CASES:

N.1    LP-08-15035   (FULL CYCLE DEFERRAL)            Commission District:  5
Super District:  7
16-037-01-005 thru 009; 16-037-01-078 & 079

Application of Berean Christian Church Inc to amend the Comprehensive Land Use Plan Map from Suburban (SUB) to Neighborhood Center (NC) land use category. The property is located on west side of Panola Road, north of the intersection of Panola Road and Young Road.  The property has 925.55 feet of frontage along Panola Road and contains 9.01 acres.

N.2    LP-08-14432    (FULL CYCLE DEFERRAL)        Commission District:  2
Super District:  6
18-198-01-004 thru 006; 18-198-01-041

Application of Cortland Partners, LLC c/o Smith, Gambrell & Russell, LLP to amend the Comprehensive Land Use Plan from Commercial Redevelopment Corridor (CRC) to Town Center (TC).  The property is located on the north side of Buford Highway at 3112, 3132, 3136, and 3160 Buford Highway; and the south side of Curtis Drive at 2010 Curtis Drive. The property has approximately 796 feet of frontage along Buford Highway, 1041 feet of frontage along Curtis Drive and contains 22.54 acres.

N.3    Z-08-14431  (FULL CYCLE DEFERRAL)            Commission District:  2
Super District:  6
18-198-01-004 thru 006; 18-198-01-041

Application of Cortland Partners, LLC c/o Smith, Gambrell & Russell LLP to rezone property from RM--75 (Multi-Family Residential) to PC-2 (Pedestrian Community) District to allow a mixed-use, live-work development.  The property is located on the north side of Buford Highway at 3112, 3132, 3136, and 3160 Buford Highway; and the south side of Curtis Drive at 2010 Curtis Drive. The property has approximately 796 feet of frontage along Buford Highway, 1041 feet of frontage along Curtis Drive and contains 22.54 acres.

N.4    LP-08-14883    (FULL CYCLE DEFERRAL)            Commission District:  2  Super District:  6
18-153-01-005; 18-153-01-007 thru 011; 18-154-05-007; 18-154-05-017; 18-155-07-001 thru 003; 18-156-03-002; 18-156-03-006 thru 008; 18-156-06-001 & 005

Application of Taylor & Mathis, c/o Carl Westmoreland to amend the Comprehensive Land Use Plan from Office Park to Town Center to be redeveloped into a new mixed use development known as "The Park Druid Hills".  The property is located on within the southeastern quadrant of Interstate 85 and North Druid Hills Road. The property has frontage on I-85, North Druid Hills Road, Chantilly Drive, Executive Park South, Executive Park North and Executive Park Drive and contains 68.26 acres.

N.5    LP-08-14905                 (APPROVED TO CRC)            Commission District:  3  Super District:  7
15-165-01-005 (por. of)

Application of Austin Drive Community Development c/o Landa Gamble to amend the Comprehensive Land Use Plan from Suburban to Neighborhood Center to develop an independent senior living apartment facility.  The property is located on west side of Austin Drive approximately 1,684 feet south of Glenwood Avenue at 1979 Austin Drive. The property has approximately 265 feet of frontage on Austin Drive and contains 2.0 acres.

N.6    Z-08-14906    (DEFERRED TO OCTOBER 14, 2008; DECISION ONLY)    Commission District:  3  Super District:  7
15-165-01-005 (por. of)

Application of Austin Drive Community Development Incorporated c/o Landa Gamble to rezone property from R-75 (Single-Family Residential) to RM-75 (Multi-family Residential) to develop an independent senior living apartment facility consisting of thirty-two (32) multi-family residential units.  The property is located on west side of Austin Drive, approximately 1,684 feet south of Glenwood Avenue at 1979 Austin Drive. The property has approximately 265 feet of frontage on Austin Drive and contains 2.0 acres.

N.7    LP-08-14997    (WITHDRAWN WITHOUT PREJUDICE)        Commission District:  2  Super District:  6
18-151-02-003 thru 014; 18-151-02-032 & 033; 18-152-02-015

Application of Ashkouti Development, LLC c/o Holt Ney Et. Al. to amend the Comprehensive Land Use Plan from SUB
(Suburban) to TC (Town Center) to allow for development of a residential & mixed use project.  The property is located on
the south side of N. Druid Hills Road and the north side of N. Holly Lane at 2653 through 2771 N. Druid Hills Road; and 1795
and 1798 N. Holly Lane.  The property has approximately 1,428.4 feet of frontage and contains 8.93 acres.

N.8    LP-08-14998       (FULL CYCLE DEFERRAL)             Commission District:  2
Super District:  6
18-103-02-006; 18-103-05-064; 18-103-05-066 & 067; 18-103-05-074 thru 079;
18-103-06-003 thru 005; 18-103-06-021 & 022

Application of Julian LeCraw & Company, LLC c/o Kathy Zickert-Smith, Gambrell & Russell to amend the Comprehensive Land Use Plan from Town Center and Suburban to Town Center.  The property is located on the north side of Jamestown Road, in the southeast quadrant of the intersection of Clairmont Road and North Druid Hills Road and contains 37.14 acres.

N.9    LP-08-15001       (FULL CYCLE DEFERRAL)            Commission District:  2
Super District:  6
15-090-01-004, 008 & 013

Application of Fs/Cs Project, LLC Mahaffey Pickens Tucker, LLP to amend the Comprehensive Land Use Plan from Suburban (SUB) to Neighborhood Center (NC).  The property is located on the south side of Clifton Springs Road, and the west side of Flat Shoals Parkway.  The property has approximately 696 feet of frontage on Flat Shoals Parkway, approximately 360 feet of frontage on Clifton Springs Road and contains 78.0 acres.

N.10    Z-08-14847   (DEFERRED TO OCTOBER 28, 2008)    PUBLIC HEARING    
Commission District:  5  Super District:  7
16-165-03-004 & 007

Application of Ivey Grant to rezone property from R-200 (Single-Family Residential) to M (Industrial) District. The property is located on the south right-of-way line of Maddox Road at 7235 Maddox Road. The property has approximately 210 feet of frontage and contains 0.75 acres.

N.11    Z-08-14983    (DEFERRED TO OCTOBER 28, 2008) PUBLIC HEARING               Commission District:  2  Super District:  7
18-145-08-011

Application of North Georgia Builders Group to rezone property from R-75 (Single-Family Residential) District to O-I (Office Institutional) District to allow for professional office uses.  The property is located on the north side of Lawrenceville Highway and the west side of Spruce Valley Drive at 1626 Spruce Valley Drive.  The property has 144 feet of frontage on Lawrenceville Highway, 90 feet of frontage on Spruce Valley Drive and contains 0.36 acres.

N.12    Z-08-14994    (WITHDRAWN WITHOUT PREJUDICE)        Commission District:  5  Super District:  6
15-021-01-010, 012, 015 & 016

Application of Cyn-Kal Partners, LLC c/o Theron Adams to rezone property from R-100 (Single-Family Residential) and C-1 (Local Commercial)-Conditional to C-1 (Local Commercial) for the purpose of developing a neighborhood shopping center.  The property is located on the southwest side of Bouldercrest Road and the northwest side of Cedar Grove Road at 2098 Cedar Grove Road.  The property has a frontage of 541 feet on Bouldercrest Road, approximately 850 feet along Cedar Grove Road and contains 12.9 acres.

N.13    Z-08-14999  (DEFERRED TO OCTOBER 28, 2008) PUBLIC HEARING           Commission District:  2  Super District:  7
18-191-01-069

Application of Dr. John Clinebell to rezone property from R-85 (Single-Family Residential) to O-I (Office-Institutional) to allow for a 5,000 square foot dental office building.  The property is located on the north side of LaVista Road, 130 feet west of Ludovie Lane, at 3732 LaVista Road.  The property has 190 feet of frontage on LaVista Road and contains 0.9 acres.

N.14    Z-08-15000    (DEFERRED TO OCTOBER 28, 2008) ; PUBLIC HEARING                   Commission District:  5  Super District:  7
16-022-01-023

Application of Robert McKerrow to rezone property from R-100 (Single-Family Residential) to NS (Neighborhood Shopping) for the purpose of developing a commercial/retail project.  The property is located on the southwest corner of Thompson Mill Road and Panola Road at 3177 Thompson Mill Road.  The property has 469.55 feet of frontage along the southside of Thompson Mill Road, 542.31 feet of frontage on the west side of Panola Road and contains 9.59 acres.

N.15    Z-08-14726    (DEFERRED TO OCTOBER 14, 2008); DECISION ONLY                       Commission District:  5  Super District:  7
16-038-05-010

Application of Courtney Douglas to rezone property from R-100 (Single-Family Residential) District to RM-150 (Multifamily Residential) District to operate a personal care group home for no more than 10 persons.  The property is located on the northeast intersection of Panola Road and Marbut Road at 1918 Panola Road.  The property has approximately 109 feet of frontage on Marbut Road, 169 feet of frontage on Panola Road and contains 0.46 acres.

N.16    Z-08-14798    (WITHDRAWN WITHOUT PREJUDICE)                            Commission District:  5  Super District:  6
15-041-02-023

Application of Hugh Delaney to rezone the subject parcel from R-100 (Single Family Residential) District to the R-75 (Single Family Residential) District for development of a twenty- (20) lot residential subdivision.  The property is located on the west side of Panthersville Road, approximately 994 feet north of Waddell Road.  The property has 110 feet of frontage on Panthersville Road and contains 8.15 acres.

F.3a.  ADD AN ITEM TO THE AGENDA   - APPROVED

F.3    RECONSIDERATION TO RE-ADOPT RESOLUTION DECLARING A FORTY FIVE DAY MORATORIUM ON THE ACCEPTANCE, REVIEW AND PROCESSING OF ANY STREAM BUFFER VARIANCE APPLICATION; EFFECTIVE 9:00 A.M., SEPTEMBER 24, 2008 - APPROVED




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