DEPARTMENT OF PLANNING & SUSTAINABILITY Rezoning Application to Amend the Official Zoning Map of DeKalb County, Georgia Applicant Name: Valley Consulting LLC clo Linda Dunlavy, Dunlavy Law Group LLC Applicant Email Address: dininyganlayagoupaom Applicant Mailing Address: 245 North Highland Avenue, NE, Suite 230 #905, Atlanta, GA 30307 Applicant Phone Number: 404-664-0895 Owner Name: Valley Consulting, LLC (If more than one owner, attach list of owners.) Owner Email Address: dimtonavaley@gmal.com Owner Mailing Address: 3626 Heritage Estates, Stonecrest Georgia 30038 Owner Phone Number: 404-661-8131 Subject Property Address: 2381 Snapfinger Road s Decatur Georgia 30034 Parcel ID Number(s): 15 126 05 004 Acreage: 3.346 Commission District(s): 3 and 7 Super District: Existing Zoning District(s): R-100 Proposed Zoning District(s): MR-1 Existing Land Use Designation(s): TC Proposed Land Use Designation(s): TC (ifapplicable) Ihereby authorize the staffofthe Planning and Sustainable Department to inspect the property that is the subject of this application. Owner: X Agent: Clinton A. Valley Signature of Appliçant: DEPARTMENT OF PLANNING & SUSTAINABILITY AUTHORIZATION The property owner should complete this form or a similar signed and notarized form if the individual who will file the application with the County is not the property owner. Date: March 26, 2075 TO WHOM IT MAY CONCERN: I/WE: Clinton A. Valley of Valley Consulting LLC Name ofOwner(s) being owner(s) of the subject property described below or attached hereby delegate authority to: Linda Dunlavy of Dunlavy Law Group, LLC Name of Agent or Representative to file an application on my/our behalf. 9 ON Clinton A. Valley Notary Publlc/ OTARI Owner PUBLIG A VE 06. 202 INTY DEPARTMENT OF PLANNING & SUSTAINABILITY DISCLOSURE OF CAMPAIGN CONTRIBUTION In accordançe with the Conflict of Interest in Zoning Act, OCGA Chapter 36-67A, the following questions must be answered. Have you, the applicant, made $250.00 or more in campaign contribution to a local government official within two years immediately preceding the filling of this application? Yes: No: NO Ifthe answer is yes, you must file a disclosure report with the governing authority of DeKalb County showing: 1. The name and official position ofthe local government official to whom the campaign contribution was made. 2. The dollar amount and description of each campaign contribution made during the two years immediately preceding the filing of this application and the date of each such contribution. The disclosure must be filed within 10 days after the application is first filed and must be submitted to the C.E.O. and to the Board ofCommissioners of DeKalb County, 1300 Commerce Drive, Decatur, GA 30030. 1 Notry Signature of Applisant /Date heck one: Owner L Agent TARI - PUBLIO June 06 2076 ) Expiration Date/ Seal UNE 06. 207 PUNTY a a *Notary seal not needed if fanswer is No". DEPARTMENT OF PLANNING ASUSTAINABILITY DISCLOSURE OF CAMPAIGN CONTRIBUTION In accordance with the Conflict of Interest in Zoning Act, OCGA Chapter 36-67A, the following questions must be answered. Have you, the applicant, made $250.00 or more in campaign contribution to a local government official within two years immediately preceding the filling ofthis application? Yes: - No: On November 7, 2024 Dunlavy Law Group, LLC contributed $500 to LaDena Bolton-District 7 Comm. Ifthe answer is yes, you must file a disclosure report with the governing authority of DeKalb County showing: 1. The name and official position of the local government official to whom the campaign contribution was made. 2. The dollar amount and description of each campaign contribution made during the two years immediately preceding the filing of this application and the date of each such contribution. The disclosure must be filed within 10 days after the application is first filed and must be submitted to the C.E.O. and to the Board ofCommissioners of DeKalb County, 1300 Commerce Drive, Decatur, GA 30030. 3-31-35 MDLDm Widinnd one Notary Signature of Applicant /Date Gloria Ann WoodwardGlasser Check one: Owner Agent X NOTARY PUBLIC DeKalb County, GEORGIA My Commission Expires 08/18/2026 Expiration Date/ Seal *Notary seal not needed if answer is "No". 2025028295 DEED BOOK 31849 PG 89 Filed and Recorded: 2/20/2025 8:52:00 AM Recording Fee: $25.00 Real Estate Transer' Tax: $190.00 Debra DeBerry Clerk of Superior Court DeKalb County, Georgia Record and Return to: Lueder, Larkin & Hunter, LLC 5900 Windward Parkway, Suite 390 Alpharetta, GA: 30005 File No.: GA-C6-25-0028-PUR LIMITED WARRANTY DEED STATE OF GEORGIA COUNTY OF DEKALB APN/Parcel ID: 15 126 05 004 THIS INDENTURE, made this 14th day of February, 2025, between Piedmont Capital Lending, LLC as party or parties of the first part, hereinafter called Grantor, and Valley Consulting, LLC as party or parties of the second part, hereinafter called Grantee (the words "Grantor" and "Grantee" to include their respective heirs, successors and assigns where the context requires or permits). WITNESSETI H: That Grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other good and valuable consideration in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said Grantee, the following described property, to wit: See Exhibit A attached hereto and made a part hereof. Subject to all easements and restrictions of record. TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights, members and appurtenances thereof, the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the said Grantee, forever in FEE SIMPLE. AND THE SAID GRANTOR will warrant and forever defend the right and title to the above described property against the claims of all persons owning, holding, or claiming by, through and under the said Grantor. ttps:/search.gsccca.org/magingHTMLSVewer.aspx7d-876177558keyl-318498key2-898county-448countyname-DEKALBêusend-134526&app.. 1/1 2025028295 DEED BOOK 31849 PG 90 IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal this day and year first above written. Signed, sealed and delivered GRANTOR: in the presence of: Piedmont Çàpital Lending, LLC 1 Unofficial Witness By: (SEAL) Warren C. Doughty, Sole Member Notary Public My Commission Expires: 413123 [Notary Seal] TAR PUBLIC 941870 htpslIsearchgsccaong/lmagingMTMI5Veweraspxld-87617758Xey1-318498key2-s9scouny-4Ascounynane-DEKALBusendd-1345268app.. 1/1 2025028295 DEED BOOK 31849 PG 91 Debra DeBerry Clerk of Superior Court DeKalb County, Georgia EXHIBIT A All that tract or parcel of land lying and being in Land Lot 126 of the 15th District, DeKalb County, Georgia; containing 3:339 acres as shown on plat of survey prepared for John H. Santiago and Decatur Federal Savings and Loan Association by B. J. Goblé; Georgia Registered Land Surveyor No. 1081, dated September 27, 1988; and being more particularly described as follows: Beginning at an iron pin found on the southwesterly right of way of Snapfinger Road (60 foot right of way) (fka Decatur-Flat Shoals Road), 940.6 feet northwesterly as measured along the old location of Snapfinger Road from a point where said * right of way of Snapfinger Road from a point where said right of way of Snapfinger Road intersects the north side of Rainbow Drive; running thence south 81 degrees 59 minutes 48 seconds west, a distance of 790.66 feet to an iron pin found; running thence north 01 degree 18 minutes 01 seconds east, a distance of 199.83 feet to an iron pin found; running thence north 82 degrees 23 minutes 46 seconds east along property now or formerly owned by Sarah A. Sprayberry, a distance of 703.36 feet to an iron pin set on the southwesterly right of way of Snapfinger Road; running thence south 23 degrees 57 minutes 44 seconds east along the southwesterly right of way of Snapfinger Road, a distance of 200.00 feet to an iron pin found and the point of beginning. htpslIsearchgsccaong/lmagingMTMI5Veweraspxld-87617758Xey1-318498key2-s9scouny-4Ascounynane-DEKALBusendd-1345268app.. 1/1 LETTER OF APPLICATION and Other Materials Required by DeKalb County Zoning Ordinance for Rezoning ofthe Subject Property from R-100Gingle-family residential) to MR-1 (medium density residential townhomes with conditions) Of VALLEY CONSULTING, LLC To Allow For 24 townhomes located on +/-3 3.346 acres Tax Parcel 15-126-05-004 2381 Snapfinger Road Submitted for Applicant by: Linda I. Dunlavy Dunlavy Law Group, LLC 245 North Highland N.E. Suite 230, #905 Atlanta, GA 30307 (404) 371-4101 Phone (404) 371-8901 Facsimile alayddmimisgpam 1 I. INTRODUCTION This Application seeks rezoning of 2381 Snapfinger Road (Subject Property), an undeveloped parcel of land on the west side ofs Snapfinger Road north of Rainbow Drive, for the development of a townhome community to be known as the "Sweet Valley Townhomes". The Applicant proposes to develop the +/- 3.346 acres with a maximum of 24 townhomes (approximately 7.17 units per acre). See proposed site plan included herein. The Applicant proposes to offer different design models with the opportunity for custom touches. See sample elevation included herein. To achieve this, the Subject Property needs to be rezoned from its current designation of R-100 to MR-1. II. FACTUAL BACKGROUND The Subject Property is currently zoned R-100 (single-family residential), a zoning district requiring, among other things, minimum lot areas of 15,000 square feet and not permitting attached single-family dwellings such as townhomes. It is located immediately to the south of property rezoned in 2019 (Z-19-1243385) to MR-1 with conditions for the development of a community comprised of 124 townhomes and 26 single-family detached residences at a density of+/-8.70 units per acre. I It is immediately west and across the road from the rear of the Wesley Club Apartments community zoned C-1 and east of Rainover Estates, an older single- family R-100 subdivision. It is immediately adjacent to the I-20 Overlay Tier 3 to the south and Tier 2 to the west. Further to the south of the Subject Property are largely undeveloped MR-1 parcels and C-1 parcels at the intersection of Wesley Chapel Road and Rainbow Drive. These latter properties are all within Tier 3 of the I-20 Overlay. See Overlay map. Tier 3 allows for a I While this property has yet to be developed, it is the Applicant's understanding that it is in the process ofs sketch plat review. 2 height of four stories and a maximum density of 40 upa. The Subject Property is also within the Wesley Chapel Activity Center LCI study area. See study report of 2011. The land use designation for all properties within the immediate vicinity ofthe subject property is Town Center, a character area which includes shopping centers, gas stations, religious and educational institutions and a range of personal services establishments, such as Love and Graces Christian Academy, New Beginnings Worship Center, Rainbow Learning Academy, Rainbow Elementary School and the Wesley Chapel Library. See attached Land Use Map. The Wesley Club Apartments at 4103 Wesley Club Drive were built in 1972 and are comprised of 257 apartment units on 13.3 acres (19.32 upa). It is a covenant restricted low- income housing development, whose construction was financed in part by the issuance ofbonds by the DeKalb County Housing Authority. West oft the Subject Property across Kelly Chapel Road are the Rainover Estates, Shadowbrook ? and Rainbow Drive R-100 subdivisions developed in the mid-60s to the early 80s along with few larger lot residential properties at the intersection of Rainbow Drive and Kelly Chapel Road. See included photos ofSubject Property and its surrounds. The Applicant purchased the Subject Property out of foreclosure in February of 2025. with the intent of trying to develop the Subject Property for a townhome community due to the Town Center character area designation for the Subject Property. The creation of a modest townhome community would allow for a logical transition from the zoned MR-1 property to the north and the R-100 properties to the southwest. The homes will be Southern Farmhouse in design, 22 feet wide and 50 feet deep, a minimum of 2000 square feet, with high-end finishes and materials. The 24 homes will be contained within three separate buildings of no more than 9 units each oriented along a new road running along the southern northern length ofthe Subject 3 Property. Reasonable efforts will be made to utilize green building techniques throughout the community including energy efficient insulation, lighting, and plumbing, earth friendly building materials, electric car chargers, energy efficient glass packages and solar hook ups. It is anticipated that they would initially be marketed at $350,000+ upon completion. The community would be served by a public road from Snapfinger Road or a private road built to public road specifications and gated. Open space with benches and swings will be provided in the community. To assure community stability, to the extent permitted by the Fair Housing Act, restrictions would be placed on rentals of units in the HOA documents. Storm water management facilities will be located at the western end oft the parcel. The Applicant offers this Letter of Application along with supporting documentation including a survey, a conceptual site plan, sample elevations, various County maps, photographs ofthe Subject Property and its surrounds, and more. The Applicant submits that the application information and the material herein demonstrate that the application meets the standards for rezoning set forth in the Zoning Ordinance addressed in more detail below. II. RELEVANT ZONING ORDINANCE PROVISIONS Sections 7.3.5 of the Zoning Ordinance sets forth "standards and factors governing review" of rezoning applications by decision makers. Those factors and standards are as follows: A. Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan. B. Whether the zoning proposal will permit a use that is suitable in view of the use and development ofadjacent and nearby properly or properties. C. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned. 4 D. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property or properties. 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. F. Whether the zoning proposal will adversely affect historic buildings, sites, districts, or archaeological resources. G. Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use ofexisting streets, transportation, facilities, utilities, or schools. H. Whether the zoning proposal adversely impacts the environment or surrounding natural resources. The Applicant submits that, as required, it can satisfactorily address all these factors and standards and addresses them in detail below. III. ZONING FACTORS/STANDARDS ANALYSIS A. Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan. The Subject Property is designated in the 2050 Comprehensive Land Use Plan ("LUP") as a Town Center character area. This designation is intended to protect existing neighborhoods from incompatible land uses while allowing for continued growth and investment. Town Centers are intended to serve as concentrated nodes of development and activity. Preferred uses in the Town Center character area specifically include town home communities and permits MR-1 zoning of property. Future development in these areas "should provide better pedestrian and community connectivity and be designed in a way that preserves 5 and enhances existing green space. This designation allows for detached single-family homes, townhomes, cottages, conservation villages and hamlets of up to 8 units per acre. See 2050 Comprehensive Land Use Plan, pages 28-50. One of the articulated listed opportunities of the LUP is to "concentrate future development and density within activity centers (and thereby) help protect existing single-family areas. 99 The proposed rezoning would avail itself of that identified opportunity and further the articulated goals of: New Deyelopment-locus new development and density in existing activity centers near transit stations and high-capacity corridors. Single Family Neighberhodk-continue to protect existing, stable, single-family neighborhoods, while identifying locations for appropriate infill development. Density transitions -Manage height and density transitions between densely developing areas and surrounding lower intensity residential neighborhoods. Diverse Housing and Developmentencoumge more diverse housing and development types to meet the changing needs of residents and communities. See 2050 Comprehensive Land Use Plan Update, page 5. Finally, housing opportunities note that "new and diverse housing types will help the County meet market demands and support continued growth. > See 2050 Comprehensive Land Use Plan, page 8. The zoning proposal is not only in conformity with the policies and intent of the Town Center Character Area but many ofits elements further the goals set forth in the Comprehensive Land Use Plan. The density does not exceed eight units per acre (it is at 7.17 units per acre); the Applicant proposes a mixture of contemporary and more traditional housing, thereby offering a diversity of product for future residents. Three-bedroom models will be offered. The community created will be walkable and connected to the larger area along Snapfinger Road. Sidewalks will be provided along the frontage of Snapfinger Road and internal to the site; green space will be saved and utilized for passive recreation and enjoyment. See site plan. Green building 6 techniques will be incorporated throughout the development thereby promoting environmental sustainability and resilience. B. Whether the zoning proposal will permit a use that is suitable in view ofthe use and development of adjacent and nearby property or properties. The proposed town home community is clearly suitable in view of the use and development of adjacent and nearby property. The adjacent properties are all zoned for residential use- medium or low-density residential zonings. The density oft the proposed development is 7.17 units per acre, below the 8 unit per acre base max for an MR-1 zoning district. This density is consistent with the approved development to the north where a density of 8.7 units per acre was approved. See Z-19-1243385 materials and conditions included herein. The proposed zoning would provide a logical transition in densities from north to south and east to west. C. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned. While theoretically, development of the Subject Property as zoned might yield between 4 and 6 single-family homes, such development would be incompatible with the Town Center character area designation for the property and likely not marketable when sandwiched between higher density communities to the north and south and the Wesley Club apartment complex to the east. As such, Applicant submits that there is no reasonable economic use as zoned when compared to similarly situated properties within the same zoning classification. D. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property or properties. 7 The proposed development provides for a 30-foot transitional buffer to the southwest where it directly adjoins single family residential properties. It provides for natural screening to the south and north. These characteristics provide for separation between the proposed townhome community and the existing adjoining properties. This screening and buffering will serve to protect existing neighbors' privacy and quiet enjoyment oftheir property. There will be no significant adverse effects on the existing use or usability of adjacent properties. On the contrary, the proposed zoning provides for a logical step down in density from the property to the immediate north to the R-100 parcels to the southwest and the from the Wesley Club apartments to the east. The Applicant is willing to agree to a condition of zoning to include in the CCRs for the townhome community provisions which would limit the number of rentals at any given time to no more than a total of 4 units, to prohibit short term/vacation rentals; and to require a minimum ofa 12-month lease for those units that are rented. This is significantly more than any known rental controls in the surrounding communities. 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 ofthe zoning proposal. As noted above, the property immediately to the north of the Subject Property is zoned for up to 124 town homes and 26 detached residences. It and other properties fronting Snapfinger Road are in the I-20 Overlay, Tier 2, an Overlay with considerably more density allowed than in the older residential subdivisions to its west. The Town Center designation for this property and others in the immediate vicinity will invite increased density and mixture of 8 uses which will serve to change the conditions in this area. Housing options for single-family homes are needed in the County. Residents, according to the 2050 Comprehensive Land Use Plan, want more housing choices; they want to attract younger families and professionals and increase the diversity ofhousing options. The townhomes proposed by the Applicant do this- the only other options offered in the immediate vicinity are large lot aging single family detached homes and the low-income apartment complex of Wesley Club. This type ofl housing is not for everybody. The proposed development helps meet the needs of home buyers looking for alternatives to the high maintenance large lot subdivisions available throughout this community and is more compatible with the synergy desired through a Town Center designation. The proposed development will allow buyers to secure housing close to services and amenities. F. Whether the zoning proposal will adversely affect historic buildings, sites, districts, or archaeological resources. Applicant is not aware ofany historic buildings, sites, districts or archaeological resources in the vicinity oft the Subject Property. 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. A traffic study is not required for such a small community. However, using the Institute ofTransportation Engineers (ITE) Trip Generation Manual, 11th edition 2021, for Single- Family Attached Housing (LUC 215). it is estimated that Daily vehicle trips for this 24-unit community would generate a maximum of 12 vehicle trips at a.m. peak hours and 14 at p.m. peak hours. The contribution of trips to the adjoining roadways will be minimal and will not 0 necessitate any road improvements. Public water is available at the Subject Property in the Snapfinger Road right-of-way and public sewer is available either on the Wesley Club property or in the Kelly chapel right-of-way. The DeKalb County schools serving the Subject Property are Rainbow Elementary School, Chapel Hill Middle School, and Southwest DeKalb High school. This project should not generate (using standard school planning numbers generate more than 4 or 5 additional students at each level. The marketing will be largely to young singles and families with and without children. But even if all homes are occupied by tamilies with children, the development will not impose an excessive burden on the schools. All of these schools, according to the DeKalb County Schools enrollment and capacity statistics at htps/vww.dekalbschokgaonyopenations/planning! are under capacity. Rainbow ES has a capacity of 648 students with only 333 enrolled; Chapel Hill MS has a capacity of 11140 with only 611 enrolled; and Southwest DeKalb HS has capacity of 1922 with only 1230 enrolled. H. Whether the zoning proposal adversely impacts the environment ors surrounding natural resources. The zoning proposal will not be adverse to the environment or surrounding natural resources. There are no stream buffers, flood plain, or other sensitive environmental features on the Subject Property. The clustering oftownhomes in buildings of 6-9 units will allow for the provision of green space and open space throughout the community. Moreover, the Applicant is taking careful steps to incorporate green building elements throughout the community to lessen environmental impacts such as solar roof tiles, electrical car chargers, earth friendly building materials, glass packages, and energy efficient insulation, lighting, and plumbing fixtures. 10 V. CONCLUSION Based on the foregoing, the Applicant respectfully requests that the Board of Commissioners approve rezoning ofthe Subject Property from R-100 to MR-1 to allow for the Applicant's S proposed 24-unit townhome with the following conditions: There shall be no more than 24 townhome units in the proposed development. The building elevations shall vary in style and design. The building elevations shall be staggered to have articulation throughout. Front facades shall contain a mixture of a minimum oftwo materials and textures, including hardiplank, batten board siding, stacked stone, brick, cedar shingles or fiber cement, and/or such other materials and textures approved by the Planning& sustainability Department which are complementary to a craftsman style single-family detached bungalow home. The use ofvinyl siding is strictly prohibited. No more than 4 ofthe units shall be rented out and no such rentals may be for less than a period of one year. Development of the Subject Property shall be in general conformity with the site plan submitted with the zoning application. Driveways to individual units shall be no less than 18 feet in length. The Applicant attended a pre-application meeting. Form enclosed. Applicant also conducted a community pre-submittal meeting on April 9, 2025, via Zoom. See included meeting summary and notices to community. The Applicant is amenable to additional reasonable conditions proposed through these community meetings or by staff should further conditions be requested. Respectfully submitted this 3 day of April, 2025. Linda I Dunlavy Georgia Bar No. 339596 Attorney for Applicant DUNLAVY LAW GROUP, LLC (404). 371-4101 Telephone (404) 664-0895 Cell phone Idunlavy/@dunlavylawgroup.com 11 CONSTITUTIONAL OBJECTIONS The Applicant respectfully submits that any decision of the Board of Commissioners which would preclude the rezoning ofthis property from R-100 (Single Family Dwelling District) to MR-1 (Medium density Residential District) to allow for the development of the 24-unit townhome community proposed would be unconstitutional as a taking of property, a denial of equal protection, an arbitrary and capricious act, and an unlawful delegation of authority in violation of the Fifth Amendment and Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph I and Article I, Section III, Paragraph I of the Constitution oft the State ofGeorgia and the Due Process Clause of the Fourteenth Amendment of the United States Constitution and the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States. Further, an attempt by the Board ofCommissioners to impose greater restrictions upon the manner in which the property will be developed than presently exist in the Code of Ordinances, such as by way of approving the Rezoning Applications, but conditioning said approval in such a way that the proposed number of units could not be developed, would be equally unlawful. Such conditioning or restrictions would constitute an arbitrary and unreasonable use of the power delegated to the Board because they could bear no substantial relation to the public health, safety, morality, or general welfare of the public and would substantially harm the Property Owner and deprive it of reasonable, investment backed expectations based upon the current Codes of the County. Finally, any use of the power delegated to DeKalb County to deny the Rezoning applications or overly condition it would be a manifest abuse ofits discretion. Finally, the failure to rezone the Subject Property would result in the taking of property 12 without just and adequate compensation or due process of law in violation of Article I, Section I, Paragraph I and Article I, Section III, Paragraph I (a) of the Constitution of the State of Georgia and the Due Process Clause of the Fourteenth Amendment of the United States Constitution. 13 a 1512605003 MR-1 1512605022 464 707 234.9' 2381 superDist7 15 126 05 004 1 - 3 R-100 8 - 100' 2399 792' 100' 100' 15126 05.005. 100' 1-20 OVERLAY DISTRICT 05128-05009 TIER 3 15 126 05 010 15 126 05 011 (4) (5) 15 126 05 012 15 126 05 013 (3) (2) (1) 1512605 006 DeKalb County Parcel Map DeKalb Them maps County and data, GISD contained Disclaimer on DeKalb County's Geographic Information System (GIS) are subject to constant While DeKalb County strives top provide accurate andup- N to-datei information, the informationi is provided" "asis" without warranty. representationc or guarantee of fany kind as carged tot content, sequence, accuracy, timeliness or completeness ofany of the database information provided herein. DeKalb County explicitly disclaims all representations andy warranties. including, without limitation, the implied warranties of 0.00375 0.0075 0.015 0.0225 0.03 merchantability: and fitness for aparicular purpose. Inno events shall DeKalb County be liablef for anys special, indirect, or consequential damagesw whatsoever resultingf from loss of mi use, data, or profits, whether in an action ofc contract, negigence, or other actions, arising out ofori in connection with the use oft ther maps andior datal herein provided. Ther maps and data are for illustration purposes only ands should not be relied upon for any reason. The maps and data are not suitable for site-specific decision-making nor should abe Date Printed: 2/23/2025 construed or used as legal description. The areas depictedt by maps and data are approximate, and are not necessarily accuratet to surveying or engineering standards. 26 u 96 88 2349 24 2616 C Wesley 8820 GIDC 89 2620 95 8684 94 2629 2610 90 22 - 8630 8633 93 2634 90 8 92 8 43 9381 4018 4086 4034 45 47 15 2658 2399 4033 - 14023 3 5 2663 19 2421 2670 12 18 4066 10 a g oni enstr 4100 1 4080 eoTechnologies Inc, METW NASA, EPA, NPS S nsus Bum LM 1 E 424 4164 DeKalb County Parcel Map Dekalb Ther maps County and data, GIS contained Disclaimer on DeKalb County's Geographic Information System (GIS) are subject to constant While DeKalb County strives to provide accurate and up- N to-datei information, the informationi isp provided" "asi is" withouty warranty, representation or guarantee of any kind as seed tot content, sequence, accuracy, timeliness or completeness of any of the database information provided herein. DeKalb County explicitly disclaims all representations andv warranties, including. without limitation, the implied warranties 0.00750.015 0.03 0.045 0.06 merchantability and fitness forap particularp purpose. In no events shallD DeKalb County be liablei for anys special, indirect, ord consequential damages whatsoever resulingf froml losso of use, data, or profits, whether in ana action of contract, negligence, or other actions, arising out of or in connection witht the use oft then maps andlor data! herein provided. The maps and data are for illustration purposes only and should not be relied upon for any reason. Ther maps and data are not suitable for site-speciic decision-making nor should itbe Date Printed: 2/27/2025 construed or used as a legald description. The areas depicted by maps and data are approximate, and are not necessarily accurate to surveying or engineering standards. C o 7 5 126 40 8 9 A TC A 0 A 4 10 Rainbow Dr 5 e SUB 5 - o 12 940 11 DeKalb County Parcel Map Dekalb Then maps County and data, GIS contained Disclaimer on DeKalb County's Geographic Information System (GIS)a are subject to constant While DeKalb County strives to provide accurate andu up- N to-datei information, the informationi isp provided" "asi is" withouty warranty, representationc or guarantee of any kind as seed tot content, sequence, accuracy, timeliness or completeness of any of the database information provided herein. DeKalb County explicitly disclaims all representations andv warranties, including. without limitation, the implied warranties 0.0175 0.035 0.07 0.105 merchantability andf fitness forap particularp purpose. In noe events shaic DeKalb County be liable for anys special, indirect, ord consequential damages whatsoever resultingf from loss of use, data, or whether in ana action of contract, or other actions, arising of ori in connection witht the use oft then maps andlor data! herein provided. The maps and data are E illustration purposes ands should relied upon for any reason. tide maps and data are not suitable for site-speciic decision-making nor should itbe Date Printed: 2/27/2025 construed or used as al legald description. areas depicted by maps ando data are approximate, anda are not necessarily accurate to surveying or engineering standards. / C o a y S 020OVERLAY 3 DISTRIGT TIERE ea 0200VERLAY - DISTRIGT 8 TIER2 o 9 - A - 40 - 00: - Dr 53 Rainbow 0-20 OVERLAY E DISTRICT 9 2 TIER3 . 9 o 970 e 940 a & 9 11 DeKalb County Parcel Map Then Dekalb maps County andd data, GIS contained Disclaimer on DeKalb County's Geographic Information System (GIS)a are subject to constant While DeKalb County strives to provide accurate andu up- N to-datei information, the informationi isp provided" "asi is" withouty warranty, representationc or guarantee of any kind as seed tot content, sequence, accuracy, timeliness or completeness of any of the database information provided herein. DeKalb County explicitly disclaims all representations andv warranties, including. without limitation, the implied warranties 0.0175 0.035 0.07 0.105 merchantablity andf fitness forap particularp purpose. In noe events shaic DeKalb County be liable for anys special, indirect, ord consequential damages whatsoever resultingf from loss of data, or whether in ana action of contract, or other actions, arising of ori in connection witht the use oft then maps andlor data! herein provided. The maps uma data are E illustration purposes ands should relied upon for any reason. tide maps and data are not suitable for site-speciic decision-making nor should itbe Date Printed: 2/27/2025 construed or used as al legald description. areas depicted by maps ando data are approximate, anda are not necessarily accurate to surveying or engineering standards. OD! 2 20 a 3 1 AINBOWS R- 10o D DRIVE PHASE-SE - RAINBO 5 le DRIME RAINOVI 3 Dr 5 Eoe 5 ESTATES d -2 PHASE6 A RAINBOW MR-1 DRIVE 5 FAINOVERI 5 PH-3 25 6 ESTATE spl NnF ONE RAINBOW, PARKy RSM 2 P - OOK SPADOMBRAKS Pl SHAPOWBROOK A SA o 6 4 1 Hainbonbr SHABOWBRGPR - IS/D HILSON E PB Rainoow Dr D SLUNBER o S VALLE 2 DeKalb County Parcel Map Then Dekalb maps County and data, GIS contained Disclaimer on DeKalb County's Geographic Information System (GIS) are subject to constant While DeKalb Countys strives to provide accurate and up- N to-datei information, the informationi isp provided "asis" withouty warranty, representationo or guarantee of any kind as seed tot content, sequence, accuracy, timeliness or completeness of any of the database information provided herein. DeKalb County expicty disclaims all representations andv warranties, including. without limitation, the implied warranties 0.0175 0.035 0.07 0.105 merchantablity andf fitness forap particular purpose. In noe event shaic DeKalb County be liable fora any special, indirect, ord consequential damages whatsoever resultingf from loss of use, data, or whether in ana action ofcontract, or other actions, arising of ori in connectiony witht the use oft then maps andlor data! herein provided. The maps and data are E illustration purposes ands should notb relied upon for any reason. tide maps and data are not suitable for site-speciic decision-making nor should it be Date Printed: 3/6/2025 construed or used as al legald description. areas depicted by maps ando data are approximate, and are not necessarily accurate to surveying or engineering standards. My Map a 6 6 d & 8 96 927 a - 8 Q 910 6 8 % & 944 920: f% 930 esri 936 100ft Esri Community Maps Contributors, @ OpenstreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, Geolechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS 2381 Snapfinger and surrounds E - G) AETA yation 01/29/2025 Government Services Center [0) 178 Sams Street Decatur, GA: 30030 assANaw DeKalb County 404-371-2155 (o); o 404-371-455600 A Chief Executive Officer DEPARTMENT OF PLANNING & SUSTAINABILITY Interim Director Lorraine Cochran-Johnson Cedric G. Hudson, MCRP PRE-APPLICATION FORM REZONE, SPECIAL LAND USE PERMIT, MODIFICATION. AND LAND USE (Required prior to filing application: signed copy of this form must be submitted at filing) Applicant Name: Phone: Email: Property Address: Tax Parcel ID: Comm. District(s): Acreage: Existing Use: Proposed Use: Supplemental Regs: Overlay District: DRI: Rezoning: Yes No Existing Zoning: Proposed Zoning: Square Footage/Number ofUnits: Rezoning Request: Land Use Plan Amendment: Yes No Existing Land Use: Proposed Land Use: Consistent Inconsistent Special Land Use Permit: Yes No Article Number(s) 27- Special Land Use Request(s): Major Modification: Existing Case Number(s): Condition(s) to be modified: [0) DeKalb County G E o R GI A DEPARTMENT OF PLANNING & SUSTAINABILITY WHATTO KNOW BEFORE YOU FILE YOUR APPLICATION Pre-submittal Community Meeting: Review Calendar Dates: PC: BOC: Letter of Intent: Impact Analysis: Owner Authorization(s): Campaign Disclosure: Zoning Conditions: Community Council Meeting: Public Notice, Signs: Tree Survey, Conservation: Land Disturbance Permit (LDP): Sketch Plat: Bldg. Permits: Fire Inspection: Business License: State License: Lighting Plan: Tent Permit: Submittal Format: NO STAPLES, NO BINDERS PLEASE Review of Site Plan Density: Density Bonuses: Mix ofUses: Open Space: Enhanced Open Space: Setbacks: front sides side corner rear Lot Size: Frontage: Street Widths: Landscape Strips: Buffers: Parking Lot Landscaping: Parking - Auto: Parking Bicycle: Screening: Streetscapes: Sidewalks: Fencing/Walls: Bldg. Height: Bldg. Orientation: Bldg. Separation: Bldg. Materials: Roofs: Fenestration: Façade Design: Garages: Pedestrian Plan: Perimeter Landscape Strip: Possible Variances: Comments: Planner: Date: FILING FEES REZONING: RE, RLG, R-100, R-85, R-75, R-60, MHP, RSM, MR-1 $500.00 RNC, MR-2, HR-1, HR-2, HR-3, MU-1, MU-2, MU-3, MU-4, MU-5 $750.00 OI, OD, OIT, NS, C1, C2, M, M2 $750.00 LAND USE MAP AMENDMENT $500.00 SPECIAL LAND USE PERMIT $400.00 Government Services Center [0) 178 Sams Street Decatur, GA 30030 ENDAEVANS DeKalb County 404-371-2155 (o); 404-371-4556 () A Chief Executive Officer DEPARTMENT OF PLANNING & SUSTAINABILITY Interim Director Lorraine Cochran-Johnson Cedric G. Hudson PRE-APP FORM ADDITIONAL COMMENT PAGE, IF NEEDED APPLICANT: ADDRESS/PARCEL: COMMENTS: PLANNER: 2381SNAP FING ER RO AD A Modest Townhome Community Sweet Val lley To wnho mes' 99 Ab out Us We are a small family owned and operated company developing single-family homes since 1981. We have a particular interest in promoting Clinton and Martha Valley the availability of affordable work force housing. Clinton is a university professor, church We care about providing the highest quality pastor and president of his HOA. product while also promoting housing accessibility Martha is a retired special education to essential workers. teacher. Live and work in DeKalb County ommun Cions Our Estimated Price Range $$350,000 + Project 24 attached homes -3 Beds 2 Baths +1 Car Garage + Roofiop Living Space optional) AA &N 3.346 acres Ofland A Less than 84pa1747 Benches, openspace fer resident récreation. - + 238 1Snapfing er Road and surrounds 6 Property SearchIDeKalb Tax Ca-GyOkeN 9 publicaccess. delablaroigpicdomenyPctometyPAF m neN N aspx? S6 ol IOverlays true@setCurrenty 1€ 01/29/2025 <4ofss Select Date 37 E - a m Menu * Subdivisionmappdr Create 8! x Alltools Edit Convert E-Sign Findtext ortools Q B @ Share AlAssistant E ODI 2 D 0 s a FAINBOWS DRIME R- oo 8 B - 9 RAINBO 5 le RAINOVE - DRME pe Dr 6 5H ESTATES 2 PHASES X RAINBOW DRIV BD MR- 1 FAINOVER PH-3 5 ÉSTASONFONE RANBOW SM 3 df - SRADOWBR OoK & Pl vacowbrook SHADOWBROOK - * 1 3 5 4 Rainbont Dr HA OV < D HILSOI is LANDING Rair oW Dr 0 SL BER C DeKalb County Parcel Map Re clamer ek KaDo Caryicagaeimtemutn System(GiS)a arsibjecttbconsarto change WhleDekabCourly strvestopronde accurate ndup N TDACETSE Decis vorarty latya dsang taymsEEe ndw sequence, rafern the nesie wafartes D, 0.0175 0035 PuRoE nn e DekaD caurty beizbie anys speda, Indrs atso and mdsnoug nofben led her ora any rease e andd dza aren not TE he eis nor Date Printed: 3/6/2025 eas maps and ata and CCL urab and lard Q Q m Menu Subdivisionmappdf * Zoningn Mappdf x + Create 2) 4 B! X Alltools Edit Convert E-Sign 6 C Findtext ort tools Q E @ Share GAlAssitant E5 3 8601 24 20OVERLAY 2349 Q: DISTRIGT 2320 TIERE 2645 5 22 MR 2610 8663 03 C-1 00 OEBPVERLAY DISTRIGT - .2381 UER3 f 4 TC 9613 15 12 2658 2399 5 R-100 2 2695 19 0-20 OVERAAY DISTRICT 12 11 10 TIER 3 13 8906 4 18 17 - 8 7 22 28 14 a 9 4 8 C DeKalb County Parcel Map da eKaiD datep Courys in GisDicdmer DeKalb System GIS) ofa ge. Whi ounty strivest D, N ofa any ofte Ene fon mation E DaRaS disciin me yMast the lied 00750 fts, arsingo y ets na ting me ma of Q and for A are Thef apt ard na nor be - Date Printed: 2/23/2025 legal Oe risd snd data - - - Q = Menu Subdivisionmappdf * LandUser mappdf + Create 3) A B! X Alltools Edit Convert E-Sign Findtext ortools Q @ Share AlAssistant E5 Q 5 126 A TC A 4 Ranbow Dr SUB - 1 o 12 0 11 C DeKalb County Parcel Map DBCATESE mer nge N aed is Deias y tee dorsand hai D, 00175 0035 105 lable da, - ofits enep actio ands be 9 men ando aaa the e Date Printed: 2/27/2025 and are Q Q Nearby Development Compared to Proposed Project Wesley Club Apartments to east zoned C-1 and developed with 247 units on 13.3 acres. 19.32 upa. In the I-20 Overlay Rainover Estates and Shadowbrook to west. R-100 subdivisions. Georgia Snapfinger to north zoned MR-1 in 2019. approved for 124 townhomes and 26 single family homes. 8.7 units per acre . Z-19-1243385. MR-1, C-1 and R-100 to south-all within Town Center designation and some within I-20 Overlay Our project seek to rezone from R-100 to MR-1 to allow for 24 units at 7.17 upa Survey of Subject Property = Menu 6 * ALTAsurveypdf Create L B: x Allte tools Edit Convert E-Sign Find text or tools Q E 6 l Share 3 AlAssistant ADDRISS E5 "E sass Snapfinger Rd, Decatur, Georgia, GEORGIA TA @ AEKINES SPACIES ATAN ZONINGINFORMATION Q: ESI ENTALDE - STAFKS E E e VIGNIYMAT e ou MAATTSE ie le FMAEAESISAEEN S a RT e E r NT 25 e - - E a N NOTE: MI Nau ue YS EMFA ANDXE DD A - T - A LAN S C - D, à : E E : 811 BOUN NDARY E Q MKEDS G Ask AI Assistant Why this ation impor Q Site plan--concept = Menu 6 * Site planf for filing pdf + Create A # X Allt tools Edit Convert E-Sign Findi text or tools Q E 6 a Share AI Assistant E GE DEVE D= E Eu CE MArEAPE 703.69 aim EA E 5 6 E E E 37 54 4 E a 1 B A 5 D E D E sA 3 3 D D E D A B D D D E E lE LE D E B 3 ED D E B a E lD 1 moc THE BSen E SS 6.95 NG NG EPACEENRENE WABB E 24HOURCONTACT WIIRMBBERE AANMSEan 7 CLD e EMGINEER EESS D C 6 DR OME CMIPE Q Q Approved plan to north of Subject Property = Menu 6 * MEMORANDUM Create A B: x Allt tools Edit Convert E-Sign Findtext or tools Q E 4 B Share - AlAssistant a E5 < @ a Q: BEFORE CABUE DIG MA ROW BEACQUIRE o 8 LAND C 126DIST 151H VA ERCROSEDRPCO ELA3OIS BMENACEE DADMNSS B M E I RPARSE 3 @) e - 4 E & a, I 3 8s se - I a SUSSTRIS EEEB - - . e BOWET de FA4 e f CTFCLESCS EUSEVREK 44 us e A4E 3 EHEE MP de EOWIRFEN TOBFACSUE PGPED oW EA 33 ESPSNAK CN FVOE 42 SE 0o ESDEVAIK A C D.3 LP-19-1243384 B, D.4 Z-19-1243385 Colored Site Plan Q Q Conditions proposed by the applicant 1)The building elevations shall vary in style and design. The building elevations shall be staggered to have articulation throughout. Front facades shall contain a mixture of a minimum of two materials and textures, including hardiplank, batten board siding, stacked stone, brick, cedar shingles or fiber cement, and/or such other materials and textures approved by the Planning& sustainability Department which are complementary to a craftsman style single-family detached bungalow home. The use ofvinyl siding is strictly prohibited. 2)No more than 4 of the units shall be rented out and no such rentals may be for less than a period of one year 3) Development of the Subject Property shall be in general conformity with the site plan submitted with the zoning application. 4) There shall be no more than 24 townhome units in the proposed development. 5) Driveways to individual units shall be no less than 18 feet in length. Important Dates = Menu 6 * P:Current Planning/For. Create A B! X Alltools Edit Convert E-Sign 6 Findt text ort tools Q E @ Share a AI Assistant E 2025-26 DeKalb County Zoning Calendar For Rezonings, Major Modifications, Land Use Plan. Amendments, Special Land Use Permits & Zoning Ordinance Text. Amendments Q: Plaming Commission Board dofCommissioners Public Commmity Withdrawal Community Council Meetings via Zoom Public Hearings- via Hearings- Meeting Filing Request Refind CC Sign PCA BoC Sign Zoom @ 6:00p.m. Ini Person @ 8 Deadline Deadline Deadline Posting Posting S:30p.m. Deadline CC-1 CC-2 CC-3 CC-4 CC-5 Deadline Regular Backup Regular Backup Meeting 5:30p.m. 6:30p.m. 6:00p.m. 5:30p.m. 6:30p.m. Meeting Meeting Meeting 12/09/24 12/16/24 12/30/24 01/26/25 02/19/25 02/11/25 02/12/25 02/18/25 02/10/25 02/02/25 03/04/25 *** 03/06/25 03/27/25 or 4/01/2025 As Needed LandUse 02/10/25 02/17/25 03/03/25 *03/30/25 04/16/25 04/08/25 04/09/25 04/15/25 04/1 14/25 04/06/25 05/06/25 05/08/24 05/22/25 5/27/2025 04/30/25 or As Needed 04/14/25 04/21/25 05/05/25 05/25/25 06/18/25. 06/10/25 06/11/25 06/17/25 06/09/25 06/08/25 07/08/25 07/10/25 07/24/25 7/29/2025 or As Needed 09/09/25 09/30/2025 06/09/25 06/16/25 06/30/25 07/27/25 08/20/25 08/12/25 08/13/25 08/19/25 08/11/25 08/1 10/25 *** 09/11/25 09/25/25 or As Needed LandUse 08/11/25 08/18/25 09/02/25 09/28/25 10/15/25 10/14/25 10/08/25 10/21/25 10/13/25 10/07/2025 11/06/25 N/A 11/20/25 N/A 10/13/25 10/20/25 11/03/25 12/23/25 12/17/25 12/09/25 12/10/25 12/16/25 12/08/25 12/07/25 01/06/26 01/08/26 01/22/26 or 1/27/2026 As Needed ***New Futurel Land Usel Map Amendment applications shall lonly be heard linl March and September. SLUP applications andLand Use applications with companion rezoning: applications shall be heard together (consecutively) on the agenda. Please find all meeting agendas, including: link to the join the meeting on our website: mdaaatw -and- -sustainabilityh public- hearing-agendas-info C D, *Revised 12.31.2024 to reflect correction of CC sign posting date from 04.30.25 to 03.30.25 @ Q The End - - - Follow up contact details Linda Dunlavy Dunlavy Law Group LLC GuntbyPaunbwlswgoup com 404-664-0895 (cell phone) SITEADDRESS: 2381 Snapfinger Rd, Decatur, Georgia, BLCAIURAGARIGAD 30034 GEORGIA FLOOD MAP PROGRAM TOTALAREA: PARKING SPACES: MAERPANENCTACN OR TH STE AVD'8S ZONINGINPORMATION: CALE: RESIDETALD DISTRICT Thisplati aretracemento fa an existing parcelor parcelso ofland not subdivide or anew recording E REAR OR LE WASOBTAINEDE EOFFICIAL me CANDS PETENC GIS mEa WEBSITE, ONO2 mINE l wgere Prolessional Engineers andl Surveyors anda das setf ino.CGA. VICINITYMAP 6 15-6-67. FLOOD STATEMENT PRIOR BYGRAPHIC PLOTTING ONLY THE INTERMEDIATE REGIONAL ANEI CURRENTIY AVAILABLE G ARD IBEA RDING THE FO5 BAT NSUFR 013, ANCE RATE MA EOR NUMBER 13089C0 - WHICH NE ACEEE TIVE DATE E Z - I 8 NA. BOU NC MATEVALIS PMITHCUE N126 EORENENERAL DBK ONED MRS 02262025 NER EE CALDER e 6 6 4-- 6 e A 8 * 28. SUNAEDIPALDECNETON Ancbetnpmtoer tasnw 126, 15th district, Dekalb County, Seo orgia ARE ELEV:930.0 ENS2 tthe gintesefiong fthe OPSMAIReO fPeintow Drive fL porthey naphinger Ringa6eS nce at 1/2 torer s 790. Nortes 09Mi erconds 126 & East 209.3 thence North EE 2001feetto tothe SPOINS OFB une 24Degrees DBK E BEGANNGO OMEBANA Said tractor parcel ofland containing 145,765squaref feet/ 3.346 acre - 33 SURVEYORSNOTES: EUISSURVEN WASN MADEO THE GROU UIL EAR NOTE: PARKI VISED, WET MOTTEEN EEXAMINATIONR REPORT NOR INST AVE BEEN THE SUBIEC PROPERTY WITHT THE WDNE DED PAEREOE ALL OTHER SIGNIF TO: VALLEY YCONSUL JLTING, LLC URVEY YANDAS ASNOTEDB LOW, THEREA ARE ONO SBYTHE E ERIYNVMPROV WALLS,OR TSOR MAPORI PLAT THE ADEC JATE TOA ISF DED BYS SNAPFINGI GER OAD; ADIO TIES OR LEGEN TABLEATHEREOR TMEPEOHEREVPOEENOTY VISIBI YSERVE NAGE, NORI INGRESS EGRESS, HARDWOOD LE B - TAERE MASNGATANENEREIE MIBANGESREAEPAVENINEY MOERUI THE * CONIFEROUS TREE PUI STATE ARD PPARENTCHA ANGES OR ENDING CHANGES TOTHE RIGHTS-OF WAY WERE OBSERVED. OAVST TER THI CERT SIONAL NC DAL 02/192025 ALLADIOINING RTY INE NTI UOUS THERE WERE NO OGAPSOR ROVERLA APS. PEADADGEASED FAC ARE NTY ANA ON STEPIENC ELSVEOE DATE CEAPCNA INC. E TISSURVESV WASMADE EITEOUTTNE ERCVETTORACUN URAPN KITV WHICH BOUNDARYREFERENCIS DBk. 22984,Pg-215 LEGEND: FKA FORMERL BENEFITORB URDEN TISPROFERTY THE EFIELDWORK ASCOMPLETEDONBIANS FBORBRAS NOTE NAVAN 0 11 PROJECT LATED FOR CLOSURE ANDIS ISFOUND OBE ACCURATE NORTH DATUM TOSMABORPLATHASE 2724701 E SEPAET SEEVICES OCOPYRIGHT ZONE, INC. ALLRIGHTSRESERVED. BOVDNGS T20ASBOUNDARY 6 ARDWOOD TREE * PINE TREE BOUN DARY EMIDECUEKEEUSDSOSN RTIESURVEY INCLUDESA TRIMBLESSERIESS "TOTAL STATIONA ANDEGPS ONUME EGULAR PARKING zomenc ENE USEOF THE PERS SON PER FE IMIEASVAISPEASEDFORT THE THEP ELI DA WHICH THISP SBASEDE REL TIVE POS OTP TOP SEWE ASMNT GD REASE TRAP 6 POLE Callbeforey whats! below. youdig. WWWIBOU O@BOL LVP 230.5472 SHEET GENERAL NOTES: BEEN OUND ONSITE. OHSIACEENIUS D E E E E DEVELOPMENTO TDATA THIES STEA SVLES - PRORO GEIST RUCTED SITEA EAREA: 3.35AC ES VILL LBE PUBLICLY YMANTAINEDBY ZONING: R-100 GMTE - KVIC BEL UNDERGROUND AND PROVIDEDBY TOWNHOME ZONING: UNITS: MR-1 24 BEP EPROVDEDBYOEKALB E STREET PARKING: 15SPACES E MAXIMUMI %. HON EIRC COUNTE OFOR 2LOTSIAC E EORNC PKC ACCESN TOMNONES SIZE: 22X50 ADEC - ATST 11. ARE NOS SPECIMENT TREESI WITANT PROPOSED - 13 VALLY - 14. APEREMEITENT SSPRNV 15. EECSLYVIS SNOT EFOR ANY ERRORSOR BYE or W E 16. ID:15 126 05 003 LOT LAYOUT N/F 18. GE DEV 1/2 19. COBSC CREEK. DISTANCE TORECEIVING DBK MRS TOT THE CURRENT E TAX ID:15 126 05 022 N/ GEORGIA ER - GPVERT ELSBUFFER i DBK. 82 Pg, 187 ZONED NBI3S49'E 703.69' o2ECE G SUSBUFFER 3 N 244 8 5 E 0 -E 237 -J E J tb B GE 22 13 E E EE E E @ EEVAgSA0S E3 Er 21 1: OE S ECS 207 TAX 05 - EXPRESS 0122028 19 P.O.C. OMPA THE E BY DESCAPION ON 7082 MR SE d2N o a CLIENT COMME 790.95 a 15 05 005 à 0.38 PRCR SBIOSASV A OREDa MR 1 % 8 A EAX 05 009 32 ABR 2X DBK ZONE 60 Pg SHA 720 BK 298 OMMEROPEOPERPRIVARYA PERMITTEE: 1/2" RBR BH 314 5.55 W&B CRBR #789 PHONE: WATIS& E A-BRONNNGENGNERS 24HOURCONTACT PAPNANLEN 13491 BRE EORCAS s ENGINEER: AXN 634 6899 MPEFOO WATTSABROWNINGE ENGINEERS, SUITE225 INC. SCALE 1"-30 ENER THE GRAPHIC SCALE SIGNEDE OBY: COOK EE a E E CNFE CHECKEDBY: DRC ONSE GR OHMER UTILI LITY WER RE IELD SSUE EDATE: 04/08/2025 BE 81 Kno at's below. JOBNUMBER: 250305 Call beforeyoudig SHE EET TNUMBER RISK 1 E E RCSS EXPIF IRES: 0122028 908 E BY DESCAPION CLIENT COMME OMAERDPVEOPERPRMARYA PERMITTEE: W&B VALLEYCONSUL LTING,LLC EEAES PHONE: (4096618181 WATIS& A-BRONNNGENGNERS 24HOURCONTACT 1s4s. CR EORCAS Sps CINTPVVAILENS 8131 PMONE 634 69 ENGINEER: 00429 MPEF00OZ WATTSABROWNING NW, ENGINEERS, SUITE 225 INC. SCALE NA DESIGNEDBY: LCOOK RAWNBY: CHECKEDBY: DRC E TIAL ISSUEDATE: 04/08/2025 JOBNUMBER: 250305 8 Know sbelow. Cant betoreyoudig SHEETNUMBER: 1 DeKalb Government Manuel J. Maloof Center County 1300 Commerce Drive Decatur, Georgia 30030 3 a 1822 Agenda Item Cocel File #: 2019-4075 11/19/2019 File Status: Preliminary Item Public Hearing: YES K NO D Department: Planning & Sustainability SUBJECT: COMMISSION DISTRICT(S): :3&7 Application of Georgia General Snapfinger Dev c/o Battle Law to rezone property from R-100 (Residential Medium Lot-100) to MR-1 (Medium Density Residential-1) for a mixed residential development, at Kelley Chapel Road and Snapfinger Road. PETITION NO: D4. Z-19-1243385 PROPOSED USE: Single-Family Townhomes and Detached Homes LOCATION: 2658 Kelley Chapel Road and 2317, 2349, & 2610 Snapfinger Road, Decatur. PARCEL NOS.: 15-126-05-003, -015, -021, & -022 INFO. CONTACT: Marian Eisenberg PHONE NUMBER: 404-371-4922 PURPOSE: Application Z-19-1243385 of Georgia General Snapfinger Dev clo Battle Law to rezone property from R-100 (Residential Medium Lot-100) to MR-1 (Medium Density Residential-1) for a mixed residential development consisting of 132 single-family attached townhomes and 24 single-family detached homes at a density of9.05 units per acre. The property is located on the east side of Kelley Chapel Road and the west side of Snapfinger Road, at 2658 Kelley Chapel Road and 2317, 2349, and 2610 Snapfinger Road, Decatur. The property has approximately 1,067 feet of frontage along the east side of Kelley Chapel Road (including the abandoned right- of-way) and 847 feet of frontage along the west side of Snapfinger Road and contains 17.24 acres. RECOMMENDATIONS: COMMUNITY COUNCIL: (10/9/19) NO VOTE TAKEN. (8/14/19) DENIAL. PLANNING COMMISSION: (11/5/19) APPROVAL WITH CONDITIONS. (9/10/19) FULL CYCLE DEFERRAL. PLANNING STAFF: (11/5/19) APPROVAL WITH CONDITIONS. (9/10/19) FULL CYCLE DEFERRAL. STAFF ANALYSIS: (11/5/19) The proposed development would result in a suitable transition of residential DeKalb County Government Page 1 of 2 Printed on 11/12/2019 powered by Legistar TM File #: 2019-4075 11/19/2019 File Status: Preliminary Item densities and housing types in relation to the Wesley Club Apartments to the east and the Rainover Estates single-family residential neighborhood to the west., consistent with the Wesley Chapel Livable Centers Initiative (LCI) Study. The companion application for a land use map amendment would re-designate the property to a Town Center activity center. If constructed in accordance with the Stafl-recommended conditions for streetscaping and pedestrian connections, the development would be consistent with the following Town Center policies: "Improve street character with consistent signage, lighting, landscaping, and other design features. (No. 9) and "Design shall be pedestrian-oriented with walkable connections between different uses. (No. 19) By providing both single-family detached and attached (townhome) housing types, the zoning proposal is consistent with Housing Policy No. 9 to 66 provide a variety ofhousing opportunities and choices to better accommodate the needs of residents." The proposal is not expected to adversely affect the use or usability of adjacent or nearby property. Therefore, the Department of Planning and Sustainability recommends "Approval with conditions" PLANNING COMMISSION VOTE: (11/5/19) Approval with Conditions, 7-0-0. A. Atkins moved and J. West seconded for approval with Staff's conditions, with a correction to a typographic error in Condition No. 10 and with three additional conditions requested by the applicant. (9/10/19) Full Cycle Deferral, 8-0-1. V. Moore moved and E. Patton seconded for a full cycle deferral as per the staff recommendation. A. Atkins abstained. COMMUNITY COUNCIL VOTE/RECOMMENDATION: (10/9/19) No quorum. Members in attendance did not discuss or take a vote on this deferred case because the applicant did not present changes to the proposal. (8/14/19) Denial 6-2-4. The Board thought that the density of the proposed development is too high, that it would generate too much traffic, and that the units would not be maintained in good condition. DeKalb County Government Page 2 of 2 Printed on 11/12/2019 powered by Legistar TM RECOMMENDED CONDITIONS Z-19-1243385 Rezoned from R-100 (Residential Medium Lot-100) to MR-1 (medium Density Residential-1) November 8, 2019 1. The proposed development shall consist of a maximum of 124 single-family attached townhomes and 26 single-family detached homes at a maximum density of 8.7 units per acre. 2. Open space and enhanced open space shall be provided at the square footages and locations shown on the site plan titled, "Site Zoning Plans for Snapfinger Road Tract", prepared by AEP, dated 10-21-19. Enhancements to the linear park on the former Snapfinger Road right-of-way shall be subject to approval by staff of the Planning Division. 3. Landscaping and streetscaping (including street trees, open space enhancements in parks, and between Units 123 - 137 and Units 138 - 150 and between Units 89 - 106 and Units 107 - 122) shall substantially comply with the colored site plan titled, "Snapfinger Road", prepared by AEP, stamped as received by the Department of Planning and Sustainability on October 22, 2019. 4. Applicant shall make roadwaystreetscaping improvements on Snapfinger Road from the entrance to the proposed development to Wesley Club Drive (the entrance to the Wesley Club Apartments), which shall be constructed to current county standards, including: a 24-foot pavement, a header curb, a six-foot landscape strip back of curb planted with street trees at least 30 feet on center, a five-foot sidewalk adjacent to the interior edge of the landscape strip, and street lights. The roadwaystretscaping improvements shall be subject to approval by the county Transportation Division. 5. Pedestrian crossings shall be marked across the west entrance to the development, across the east turnaround entrance to link sidewalks on either sides of the refuge triangles in the turnaround, and across street intersections to connect sidewalks on opposite sides of the street. 6. Driveways to individual units shall be at least 20 feet long as measured from edge of sidewalk to garage, to prevent parked vehicles from blocking pedestrian crossings. Pedestrian crossings shall be provided across residential driveways by continuing the sidewalk paving material across the intervening driveway or by otherwise marking the crossing. 7. An outdoor lighting plan shall be submitted in conjunction with the application for a land disturbance permit and shall meet the standards of Sec. 5.6.1 of the DeKalb County Zoning Code. SLUP-18-222287 Page 1 of 2 8. The approval of this rezoning application by the Board of Commissioners has no bearing on other approvals by the Zoning Board of Appeals or other authority, whose decision should be based on the merits of the application before said authority. 9. Final lot layout shall be subject to sketch plat approval in accordance with DeKalb County Ordinances, Chapter 27 (Zoning Code) and Chapter 14 (Land Development Code). 10. At no time shall more than 35% of the homes located within the homes located within the subdivision be rental units. Additionally, the leasing of non-owner occupied units for short term rentals of less than six months shall be strictly prohibited. The rental restrictions shall be detailed in the Declaration of Restrictive Covenants recorded for the community, a copy of which shall be delivered to DeKalb County simultaneously with the recording of the Final Subdivision Plat. 11. The enhanced open space shall include a dog park. 12. Applicant shall work cooperatively with the County Arborist to ensure that native trees and shrubs are planted within the required landscaped areas. 13. The single-family detached units shall be craftsman style bungalow homes. The single- family attached units shall have front facades that contain a mixture of a minimum of two materials and textures, including hardiplank, batten board siding, stackstone, brick, cedar shingles or fiber cement, and/or such other materials and textures approved by the Planning & sustainability Department which are complementary to a craftsman style single-family detached bungalow home. The use of vinyl siding is strictly prohibited. SLUP-18-222287 Page 2 of 2 DeKalb County Department of Planning & Sustainability [0) 330 Ponce De Leon Avenue, Suite 500 Decatur, GA 30030 DeKalb County (404) 371-2155 / andevecealboumypsp GEORGIA Planning Commission Hearing Date: November 5, 2019, 6:30 P.M. Board of Commissioners Hearing Date: November 19, 2019, 6:30 P.M. STAFF ANALYSIS Case No.: Z-19-1243385 Agenda #: D.4 Location/Address: 2658 Kelley Chapel Road, Decatur Commission District: 3 Super District: 7 Parcel ID(s): 15-126-05-003, -015, -021, -022 Request: Rezone property from R-100 (Residential Medium Lot-100) to MR-1(Medium Density Residential-1) for a mixed residential development consisting of 124 single-family attached townhomes and 26 single-family detached homes at a density of 8.7 units per acre. Property Owner(s): Georgia General Snapfinger Development, LLC Applicant/Agent: Georgia General Snapfinger Development, LLC c/o Battle Law, P.C. Acreage: 17.24 acres Existing Land Use: TWO single-family homes Surrounding Properties: To the north: Interstate 20; to the northeast and east: the Wesley Club multifamily residential development; to the southeast: vacant, wooded land; to the south, southwest, west, and northwest: single-family detached homes Adjacent Zoning: North: I-20 South: R-100 East: HR-2 West: R-100 Northeast: HR-2 Northwest: R-100 Southeast: R-100 Southwest: R-100 Comprehensive Plan: SUB (Suburban) Consistent X Inconsistent (See LP-19-1243384) Proposed Density: 8.7 units/acre Existing Density: .12 units/acre Proposed Units: 150 Existing Units: 2 Proposed Open Space: Information not provided Existing Open Space: (estimated) 98% Companion Application: The applicant has filed a companion application LP-19-1243384) to amend the 2035 Future Land Use Map from SUB (Suburban) to TC (Town Center). Zoning History: In June, 2007, the Board of Commissioners denied an application to rezone the subject property from R-100 (Residential Medium Lot-100) to RM-75 (a pre-2015 multifamily residential zoning classification that allowed up to 18 units per acre). The Board of Commissioners also denied a companion application to amend the Future Land Use Map from LDR (Low Density Residential) to HDR (High Density Residential). Prepared 10/30/2019 by: MLF Page 1 Z-19-1243385/D. 4 SITE AND PROJECT ANALYSIS The subject property is a 17.24-acre tract of land located approximately 1,000 feet southwest of the Interstate 20 - Wesley Chapel Road interchange. Approximately 225 feet of the west side of the property fronts on a paved stub of Kelley Chapel Road that extends just beyond Kelley Chapel Road's intersection with Shadowbrook Place, a local collector street that connects with neighborhoods to the west. The remainder of the western frontage is on abandoned Kelley Chapel Road right-of-way, which forms a 34-foot wide boundary between the subject property and the rear yards of properties located in the Rainover Estates single-family residential subdivision to the west. The east side of the property fronts on Snapfinger Road. The Wesley Club Apartments, a multifamily development with a density of 19 units per acre, is located across Snapfinger Road from the subject property. The site is densely wooded. Although the site plan indicates the footprints of homes on two of the four parcels that comprise the site, the County's aerial photographs indicate that these homes have been demolished or partially destroyed. The -20-Wesley-Chapel Road interchange is the focal point of a Town Center character area that includes several shopping centers and a range of service-oriented establishments and religious and educational institutions, as well as several gas stations, primarily on Wesley Chapel Road. Iti is also one of the major interchanges in the I-20 Overlay District. Snapfinger Road separates the subject property from the Town Center and I-20 Overlay District. The property is included in the study area of the Wesley Chapel Livable Centers Initiative (LCI) Study, which proposes a four- to two-lane residential street through the subject property to connect a the Town Center land uses north of I-20 with the educational land uses approximately 1600 feet south oft the subject property (the Wesley Chapel Library, Rainbow Elementary School, and South DeKalb High School). The study townhomes to the east of this street and single-family residential to the west. Mixed use development would be located to the west of Wesley Chapel Road. The study thus plans for a transition of densities and intensities of land uses from Wesley Chapel Road to the single- family residential neighborhoods to the west of the subject property. Revised Proposal The proposal was deferred full cycle from the October zoning cycle and has been revised during the deferral period. The number of units has been reduced from 156 units to 150 units and the density has been reduced from 9.05 to 8.7 units per acre. The revised proposal consists of 124 single-ramily attached townhome units (formerly, 132 units) and 26 single-family detached homes (formerly 24 homes). The single-family lots would be located on the west side of the site, on the side of the site that is closest to the single-family residential lots of the Rainover Estates subdivision. Building lengths have been reduced and contain four to eight units each (reduced from six to ten units each). Each townhome unit would have a front-entry, two-car garage. The revised proposal involves vehicular access from the Kelley Chapel Road stub and via a turnaround on Snapfinger Road (formerly, access was at three points on Snapfinger). The reduction in the number of units and provision of a roundabout at the Snapfinger Road entrance reduced the required number of access points. The north-south internal street on the west side of the site is proposed to be a public street. The applicant has verbally described a plan to petition for abandonment of the portion of the Snapfinger Road R-0-W to the north of a proposed turnaround entrance that fronts the site and to swap this right-of-way with the proposed north-south public street. A linear park is proposed to replace the Snapfinger Road right-of-way north of the turnaround entrance. An 8-foot privacy fence would be installed along what is now the east side oft the right-of-way. The park and fence are intended to buffer the proposed development from the Wesley Club Apartments. Staff has recommended a condition for streetscaping on the section of Snapfinger Road south of the turnaround entrance to Wesley Club Drive (the entrance to the adjoining Wesley Club Apartments). Prepared 10/30/2019 by: MLF Page 2 Z-19-1243385/D. 4 The site plan shows that the wooded area at the north end of the site, next to I-20, would remain undeveloped. A 4,000 square foot "tot lot" playground is located next to this undeveloped area. Access and Transportation Considerations: Snapfinger Road and the Kelley Chapel Road dead-end are both two-way local streets that connect the property to Rainbow Drive to the south. Kelley Chapel Road ends in a stub that intersects with Shadowbrook Place, a local street that provided access to the single family residential neighborhood to the west. The Kelley Chapel Road-Rainbow Drive intersection is improved with turn lanes, traffic signals, and pedestrian crossings. Snapfinger Road intersects with Rainbow Drive approximately 300 feet west of the Rainbow Drive-Wesley Chapel Road intersection, where Rainbow Drive has been widened to accommodate turning movements in and out of the commercial properties located on all four sides of the intersection. A Quik Trip service station on the northwest corner of the intersection generates numerous vehicular trips and turning movements at this busy intersection. The proposed entrance to the development at the Kelley Chapel Road-Shadowbrook Place intersection is intended to relieve traffic from the development that might otherwise travel through the Snapfinger Road-Rainbow Drive intersection. MR - 1 STANDARD REQUIRED/ALLOWED PROVIDED/PROPOSED COMPLIANCE MAX. D.U.s/ACRE (BASE, Base: 8 units/acre 8.7 units/acre Yes w/density bonus W/BONUSES) W/Bonuses: 12 units/ac. DENSITY BONUSES Sidewalks and/or road Improvements on Snapfinger Yes improvements beyond project Road beyond the project site site. to the Snapfinger Road driveway entrance of the Wesley Club apartments (20% greater than base = + 1.6 units) MIN. OPEN SPACE Open space: min. 20% of total Approx.. 24.9% = approx.. Yes /ENHANCED OPEN SPACE site acreage = 3.44 ac. 4.55 acres (Applicable if project is > 5 Enhanced O.S.: min. 10% of Approx. 16,000 s.f. Yes ac. or > 36 d.u.s) total site acreage = 15,019 s.f. MIN. TRANSITIONAL BUFFER 30-foot buffer along north and 30-foot buffer along north Yes south property lines and south property lines MIN. LOT AREA S-F detached: 5,000 s.f. 5,000 - 6,669 s.f. Yes S-F attached: Not applicable S-F attached: Not applicable N.A. MIN. LOT WIDTH S-F detached: 45 feet S-F detached: 50 - 64 feet Yes S-F attached: Not applicable S-F attached: Not applicable N.A. MIN LOT WIDTH- NEW 60 feet 63 = 64 feet Yes CORNER LOT MAX. LOT COVERAGE - S-F 60% 60% Yes LOTS MAX. LOT COVERAGE -TOTAL 80% 80% Yes ACREAGE OF TOWNHOME PORTION Prepared 10/30/2019 by: MLF Page 3 Z-19-1243385/D. 4 MR - 1 STANDARD REQUIRED/ALLOWED PROVIDED/PROPOSED COMPLIANCE FRONT (Town Center) S-F detached: 0 ft. - S-F detached: 10 ft. S-F detached: Yes determined by utility placement and streetscape S-F attached: : Oft. S-F attached: 20 ft. S-F attached: Yes determined by utility placement and streetscape INTERIOR SIDE S-F detached: 3 ft. w/min. 10 S-F detached: 5 ft. for each S-F detached: Yes ft. separation between bldgs. lot (10 ft. separation) S-F attached: 20 ft. on sides of S-F attached: More than 20 S-F attached: Yes overall building site ft. open space provided around s-f attached portion of site SIDE CORNER LOT S-F detached: 0 ft. - S-F detached: 101 ft. S-F detached: Yes determined by utility placement and streetscape S-F attached: Not S-F attached: Not applicable - S-F attached: Not applicable applicable no corner lots REAR (W/O ALLEY) S-F detached: 20 ft. S-F detached: 18 ft. S-F detached: S-F attached: 15 ft. for overall S-F attached: More than 15 variances required. bldg. site ft. open space provided S-F attached: Yes around s-f attached portion of site MINIMUM UNIT SIZE S-F detached: 1,200 s.f. S-F detached: 1,200 s.f. Yes S-F attached: 1,200 s.f. S-F attached: 1,200 s.f. Yes MAX. BLDG. HEIGHT S-F detached: 35 ft. 2 stories or 35 ft. Yes S-Fattached: 3 stories or 45 ft. PARKING S-F detached: Min. 2/unit; S-F detached: 2 garage, 2 S-F detached: Yes Max. 4/unit driveway S-F attached: min. 1.5/unit + S-F attached: 1 garage, 1 S-F attached: Yes .25 guest pkng.; max. 3/unit + driveway .25 guest pkng. Guest pkng: min. 30, max. 30 30 spaces (on private drive E) Yes MAX. BLOCK LENGTH IN 500 feet 560-600 feet Admin. waiver TOWN CENTER required MIN. STREETSCAPE 5-ft. landscape strip and 5-ft. 6-ft. landscape strip and 5-ft. Admin. waiver DIMENSIONS - PRIVATE sidewalk on each side; street sidewalk; street trees every required for street DRIVES trees every 50 ft. or every other unit for s-f attached (40 tree spacing other unit, whichever is less ft.), every 60 ft. for s-f detached Prepared 10/30/2019 by: MLF Page 4 Z-19-1243385/D. 4 QUALITY OF LIFE METRICS Open Space: approx. 4.55 acres Linear Feet of New Sidewalks: 8,430 feet Linear Feet of New Trails: approx.. 430 ft. LAND USE AND ZONING ANALYSIS Section 27-832 of the Zoning Ordinance, "Standards and factors governing review of proposed amendments to the official zoning map" states that the following standards and factors shall govern the review of all proposed amendments to the zoning maps. A. Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan: The companion application for a land use map amendment would re-designate the property to a Town Center activity center. If constructed in accordance with the conditions for streetscaping and pedestrian connections recommended by Staff, the development would be consistent with the following Town Center policies: "Improve street character with consistent signage, lighting, landscaping, and other design features. (No.9) and "Design shall be pedestrian- oriented with walkable connections between different uses. (No. 19) By providing both single-family detached and attached (townhome) housing types, the zoning proposal is consistent with Housing Policy No. 91 to 1 provide a variety of housing opportunities and choices to better accommodate the needs of residents." 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 development would result in a suitable transition of residential densities and housing types in relation to the Wesley Club Apartments to the east and the Rainover Estates single-family residential neighborhood to the west, consistent with the Wesley Chapel Livable Centers Initiative (LCI) Study. C. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned: The property to be affected by the zoning proposal appears to have reasonable economic use as currently zoned for single-family detached homes. However, this statement doesn't preclude the possibility that the proposed zoning proposal is suitable. D. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property: The proposal is not expected to adversely affect the use or usability of adjacent or nearby property. A 30-foot buffer would be located along the residentially-zoned property to the south. On the west, the rear yards of single-family lots would be buffered from rear yards of the homes to the west by a 34-foot wide unopened right-of way. The proposed linear park would form a buffer on the east side of the site, and the north end of the site would be reserved as natural open space. 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 step-down of residential densities across the site is consistent with the transition of densities and intensities of land uses proposed in the Wesley Chapel Livable Centers Initiative (LCI) Study for the area between Wesley Chapel Road and the single-family residential neighborhoods to the west of the subject property. The proposed density of 8.7 units per acre is. .7 units per acre above the base Suburban density and far below the maximum density allowed in al Town Center. F. Whether the zoning proposal will adversely affect historic buildings, sites, districts, or archaeological resources: There are no historic buildings, sites, districts, or archaeological resources on or near the subject property. Prepared 10/30/2019 by: MLF Page 5 Z-19-1243385/D. 4 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 applicant has been working with County Transportation Division on roadway improvements that would mitigate the effect of traffic from the proposed development on the Snaptinger Road-Rainbow Drive intersection. The School District has indicated in its comments that there is adequate capacity for the number of elementary, middle, and high school students who are projected to live in the development. There have been no comments from reviewing departments and agencies that indicate other problems. Staff has recommended to the applicant that, if rezoning of the property is approved, a Sewer Capacity Request be submitted early in the permitting process. H. Whether the zoning proposal adversely impacts the environment or surrounding natural resources: The proposed development would not impact the environment to a greater degree than what is expected for residential development of a predominently wooded property. STAFF RECOMMENDATION: APPROVAL WITH CONDITIONS. The proposed development would result in a suitable transition of residential densities and housing types in relation to the Wesley Club Apartments to the east and the Rainover Estates single-family residential neighborhood to the west., consistent with the Wesley Chapel Livable Centers Initiative (LCI) Study. The companion application for a land use map amendment would re-designate the property to a Town Center activity center. If constructed in accordance with the Staff-recommended conditions for streetscaping and pedestrian connections, the development would be consistent with the following Town Center policies: "Improve street character with consistent signage, lighting, landscaping, and other design features. (No. 9) and "Design shall be pedestrian-oriented with walkable connections between different uses. (No. 19) By providing both single-family detached and attached (townhome) housing types, the zoning proposal is consistent with Housing Policy No. 91 to " provide a variety of housing opportunities and choices to better accommodate the needs of residents." 1 The proposal is not expected to adversely affect the use or usability of adjacent or nearby property. Therefore, the Department of Planning and Sustainability recommends "Approval" with the following conditions: 1. The proposed development shall consist of a maximum of 124 single-ramily attached townhomes and 26 single- family detached homes at a maximum density of 8.7 units per acre. 2. Open space and enhanced open space shall be provided at the square footages and locations shown on the site plan titled, "Site Zoning Plans for Snapfinger Road Tract", prepared by AEP, dated 10-21-19. Enhancements to the linear park on the former Snapfinger Road right-of-way shall be subject to approval by staff of the Planning Division. 3. Landscaping and streetscaping (including street trees, open space enhancements in parks, and between Units 123 - 137 and Units 138 - 150 and between Units 89 = 106 and Units 107 - 122) shall substantially comply with the colored site plan titled, Snapfinger Road", prepared by AEP, stamped as received by the Department of Planning and Sustainability on October 22, 2019. 4. Applicant shall make roadway/stretscaping improvements on Snapfinger Road from the entrance to the proposed development to Wesley Club Drive (the entrance to the Wesley Club Apartments), which shall be constructed to current county standards, including: a 24-foot pavement, a header curb, a six-foot landscape strip back of curb planted with street trees at least 30 feet on center, a five-foot sidewalk adjacent to the interior edge of the landscape strip, and street lights. The oadway/stretscaping improvements shall be subject to approval by the county Transportation Division. 5. Pedestrian crossings shall be marked across the west entrance to the development, across the east turnaround entrance to link sidewalks on either sides of the refuge triangles in the turnaround, and across street intersections to connect sidewalks on opposite sides of the street. Prepared 10/30/2019 by: MLF Page 6 Z-19-1243385/D. 4 6. Driveways to individual units shall be at least 20 feet long as measured from edge of sidewalk to garage, to prevent parked vehicles from blocking pedestrian crossings. Pedestrian crossings shall be provided across residential driveways by continuing the sidewalk paving material across the intervening driveway or by otherwise marking the crossing. 7. An outdoor lighting plan shall be submitted in conjunction with the application for a land disturbance permit and shall meet the standards of Sec. 5.6.1 of the DeKalb County Zoning Code. 8. The approval of this rezoning application by the Board of Commissioners has no bearing on other approvals by the Zoning Board of Appeals or other authority, whose decision should be based on the merits of the application before said authority. 9. Final lot layout shall be subject to sketch plat approval in accordance with DeKalb County Ordinances, Chapter 27 (Zoning Code) and Chapter 14 (Land Development Code). 10. At no time shall more than 35% of the homes located within the homes located within the subdivision be rental units. Additionally, the leasing of non-owner occupied units for short term rentals of less than six months shall be strictly prohibited. The rental restrictions shall be detailed in the Declaration of Restrictive Covenants recorded for the community, a copy of which shall be delivered to DeKalb County simultaneously with the recording of the Final Subdivision Plat. Attachments: 1. Department and Division Comments 2. Board of Health Comments 3. Board of Education Comments 4. Application 5. Site Plan 6. Building Design Examples 7. Land Use Map 8. Zoning Map 9. Aerial View 10. Site Photos Prepared 10/30/2019 by: MLF Page 7 Z-19-1243385/D. 4 NEXT STEPS Following an approval of this zoning action, one or several of the following may be required: Land Disturbance Permit (Required for ofi new building construction on non-residential properties, or land isturbouncelmprovemen 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 checkedfor compliance.) Certificate of Occupancy (Required prior to occupation of a commercial or residential space and for use of property. for a business. Floor plans may be required. for certain types ofoccupants.) 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 (Required to seek relieffrom 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. Prepared 10/30/2019 by: MLF Page 8 Z-19-1243385/D. 4 Comments - Transportation Division N8. (Based on site plan dated 7/18/19] Coordination with GDOT's MMIP projects along I-20 required prior to permitting. Coordination with MARTA I-20 east line required prior to permitting. Bring Snapfinger Road along property frontage down to apartment driveway (Wesley Club Drive) up to current county standards (24 pavement, header curb, 5-foot sidewalk, landscape strip, and street lights. Add Street Lights at entrance on Kelly Chapel Road. N9. Hard to make zoning comments without knowing the number of trips or specific use. 25 acres- need more info. DRI? Looks like N9 is being split into a 350K sq. foot distribution center and a 300-unit apartment complex. N10. Requires traffic Study and sight distance study. Clifton Springs is a minor arterial. Requires 40 foot right of way donation from centerline, 6-foot planting strip, 6-foot sidewalk, bike facilities and street lights: Left turn lane into facility from Clifton Springs Road. DRI with N11? N11. Traffic Study Required. DRI with N10? 300 units- one access point? No site plans? Flat Shoals Parkway is SR 155. GDOT review and approval of access points and right of wayi improvements required prior to issuance of permits. Flat Shoals Parkway is classified as a major arterial. 6-foot sidewalk, bike facilities, 50 right of way dedication, and street lights required. Only Right in/right out access point allowed. Traffic study should include impacts of U-turns on neighboring intersections and determine if pavement is available too accommodate U-turns. N12. No Comments N13. No Comments N14. No Comments N15. No Comments N8 DEKALB COUNTY GOVERNMENT PLANNING DEPARTMENT DISTRIBUTION FORM NOTE: PLEASE RETURN ALL COMMENTS VIA EMAIL OR FAX TO EXPEDITE THE PROCESS TO MICHELLE ALEXANDER mmalesander@dekalbcountvgagov AND/OR LASONDRA HILL ahildialboumbraser COMMENTS FORM: PUBLIC WORKS TRAFFIC ENGINEERING Case No.: Z-19-1243385 Parcel L.D. #: SRLasskas-aNA Address: a65% KelleychapalRa Duatur,6A. Adiacent Roadway (s): (classification) (classification) Capacity (TPD) Capacity (TPD). Latest Count (TPD). Latest Count (TPD) Hourly Capacity (VPH) Hourly Capacity (VPH) Peak Hour. Volume (VPH) Peak Hour, Volume (VPH) Existing number oft traffic lanes Existing number of traffic lanes Existing right of way width Existing right ofv way width, Proposed number of traffic lanes Proposed number of traffic lanes Proposed right of way width Proposed right of way width Please provide additional information relating to the following statement. According to studies conducted by the Institute of Traffic Engineers (ITE) 6/7T1 Edition (whichever is applicable), churches generate an average of fifteen (15) vehicle trip end (VTE) per 1, 000 square feet of floor area, with an cight (8%) percent peak hour factor. Based on the above formula, the square foot place of We vorship building would generate_ vehicle trip ends, with approximately. peak hour vehicle trip ends. Single Family residence, on the other hand, would generate ten (10) VTE's per day per dwelling unit, with a ten (10%) percent peak hour factor. Based on the above referenced formula, the (Single Family Residential) District designation which allows a maximum of units per acres, and the given fact that the project siteis approximately, acres in land arca, daily vehicle trip end, and peak hour vehicle trip end would be generated with residential development of the parcel. COMMENTS: PlANs ANJ field ReViéwEd. No problen that wowld Iwterfene with Traffic Flow, Signature: Qenywht DEKALB COUNTY GOVERNMENT PLANNING DEPARTMENT DISTRIBUTION FORM D4 GA General Snapfinger Dev Z-19-1243385 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: TramporatonAcesRoN Consult the Georgia DOT as well as the DeKalb County Transportation Department prior to land development permit. Verify widths from the centerline of the roadways to the property line for possible right-of-way dedication. Improvements within the right-of-way may be required asa condition for land development application review approval. Safe vehicular circulation is required. Paved off-street parking is required. Storm Water Management Compliance with the Georgia Stormwater Management Manual, DeKalb County Code of Ordinances 14-40 for Stormwater Management and 14-42 for Storm Water Quality Control, to include Runoff Reduction Volume where applicable is required as a condition of land development permit approval. Use Volume Three of the G.S.M.M. for best maintenance practices. Use the NOAA Atlas 14 Point Precipitation Data set specific to the site. Recommend Low Impact Development features/ Green Infrastructure be included in the proposed site design to protect as much as practicable the statewaters and special flood hazard areas. Flood Hazard Area/Wetlands The presence of FEMA Flood Hazard Area was not indicated in the County G.I.S. mapping records for the site; and should be noted in the plans at the time of any land development permit application. Encroachment of flood hazard areas require compliance with Article IV of Chapter 14 and FEMA floodplain regulations. Landscaping/Tree Preservation Landscaping and tree preservation plans for any building, or parking lot must comply with DeKalb County Code of Ordinances 14-39 as well as Chapter 27 Article 5 and are subject to approval from the County Arborist. Tributary Buffer State water buffer was not reflected in the G.I.S. records for the site. Typical state waters buffer have a 75' undisturbed stream buffer and land development within the undisturbed creek buffer is prohibited without a variance per DeKalb County Code of Ordinances 14-44.1. Fire Safety Plans for land development permit must comply with Chapter 12 DeKalb County Code for fire protection and prevention. DEKALB COUNTY GOVERNMENT PLANNING DEPARTMENT DISTRIBUTION FORM NOTE: PLEASE RETURN ALL COMMENTS VIA EMAIL OR FAX TO EXPEDITE THE PROCESS TO MICHELLE M ALEXANDER; mmbamiseaakamos. OR JOHN REID BEDPDIEKANRCOUISTALAY COMMENTS FORM: PUBLIC WORKS WATER AND SEWER Case No.: Z-19-1243385 Parcel I.D. #: 15-126-05-003, 15-126-05-015, 15-126-05-021, & 15-126-05-022 Address: 2658 Kelly Chapel Rond Decatur, Georgia WATER: Size of existing water main: 8'DIWaterMain adequale'nadeguate) Distance from property to nearest main: Adiacent to Property Size of line required, if inadequate: N/A SEWER: Outfall Servicing Project: Cobb] Fowler Creek Basin Is sewer adjacent to property: Yes (X) No() If no, distance to nearest line: Water Treatment Facility: Snapfinger Creek WTF () adequate () inadequate Sewage Capacity; * (MGPD) Current Flow: 21.77 (MGPD) COMMENTS: * Please note that the sewer capacity has not been reviewed or mpproved for this project. A Sewer Capacity Request (SCR) - must be completed and submitted for review. This can be a lengthy process ands should be addressed early In the process. Signature: DEKALB COUNTY a Board of Health 8/15/2019 To: Ms. Madolyn Spann, Planning Manager Mr. John Reid, Senior Planner From: Ryan Cira, Environmental Health Manager Cc: Alan Gaines, Technical Sevices Manager Re: Rezone Application Review General Comments: DeKalb County Health Regulations prohibit use of on-site sewage disposal systems for . multiple dwellings food service establishments hotels and motels commercial laundries funeral homes . schools nursing care facilities personal care homes with more than six (6) clients . child or adult day care facilities with more than six (6) clients . residential facilities containing food service establishments If proposal will use on-site sewage disposal, please contact the Land Use Section (404) 508-7900. Any proposal, which will alter wastewater flow to an on-site sewage disposal system, must be reviewed by this office prior to construction. This office must approve any proposed food service operation or swimming pool prior to starting construction. Public health recommends the inclusion of sidewalks to continue a preexisting sidewalk network or begin a new sidewalk network. Sidewalks can provide safe and convenient pedestrian access to a community-oriented facility and access to adjacent facilities and neighborhoods. For a public transportation route, there shall be a 5ft. sidewalk with a buffer between the sidewalk and the road. There shall be enough space next to sidewalk for bus shelter's concrete pad installation. Since DeKalb County is classified as a Zone 1 radon county, this office recommends the use of radon resistant construction. DeKalb County Board of Health DekKalb County Board of Health 404.508.7900 . www.dekalbhealhnet 8/15/2019 N.5 Z-19-1243381 2019-4072 15-143-19-011 1639 Eastland Road, Atlanta, GA 30316 Amendment Please review comments. N.6 Z-19-1243383 2019-4072 15-143-19-011 5065 Flat Shoals Pkwy, Decatur, Ga 33034 Amendment Please review comments. N.7 LP-19-1243384 2019-4074 15-126-05-003, 15.3845915.157284502115 126-05-022 2317, 2349, and 2610 Snapfinger Road, Decatur, GA Amendment Please review comments. N.8 Z-19-1243385 2019-4075 15-126-05-003, 15-126-05-015,15-126-05-021,15- 126-05022 2658 Kelley Chapel Road 2317,2349 and 2610 Snapfinger Road, Decatur, GA 30034 Amendment Please review comments. DeKalb County School District Analysis Date: 8/16/2019 Development Review Comments Submitted to: DeKalb County Case #: Z-19-1243385 Parcel #: 15-125.05:003-015-022 Name of Development: 2658 Kelley Chapel Road Location: Kelley Chape! Road north of Rainbow Drive Description: Proposed 132 unit development with a mix of attached and detached homes. Impact of Development: When fully constructed, this development would be expected to house 62 students: 19 at Rainbow ES, 8 at Chapel Hill MS, 16 at Southwest DeKalb HS, 17 at other DCSD schools, and 2 inp private school. All three neighborhood schools have capacity for additional students. Other Chapel Hill Southwest DCSD Private Current Condition of Schools Rainbow ES MS DeKalb HS Schools Schools Total Capacity 638 1,076 1,825 Portables 0 0 0 Enrollment (Fcst. Oct. 2019) 373 868 1,151 Seats Available 265 208 674 Utilization (%) 58.5% 80.7% 63.1% New students from development 19 8 16 17 2 62 New Enrollment 392 876 1,167 New Seats Available 246 200 658 New Utilization 61.4% 81.4% 63.9% Attend Home Attend other Private Yield Rates School DCSD School School Total Elementary 0.1472 0.0452 0,0030 0.1954 Middle 0.0631 0.0415 0.0088 0.1134 High 0.1176 0.0357 0.0093 0.1626 Total 0.3279 0.1225 0.0211 0.4715 Student Calculations Proposed Units 132 Unit Type SFTH Cluster Southwest DeKalbHS Attend Home Attend other Private Units x' Yield School DCSD School School Total Elementary 19.43 5.96 0.40 25.79 Middle 8.33 5.48 1,16 14.97 High 15.52 4.72 1.23 21.47 Total 43.28 16.16 2.79 62.23 Attend Home Attend other Private Anticipated Students School DCSD School Schoo! Total Rainbow ES 19 6 0 25 Chapel Hill MS 8 6 1 15 Southwest DeKalb HS 16 5 1 22 Total 43 17 2 62 DeKalb County Department of Planning & Sustainability Michael L. Thurmond Andrew A. Baker, AICP Chief Executive Officer Director APPLICATIONTOT AMIEND OFFICIAL ZONING MAP - - 3 OF DEKALB COUNTY, GEORGIA Z/CZ No. JUL 0 5 2019 Filing Fee: Date Received: Application No.:, Z-19- 1043365 Applicant: Geopb3genaraiSnsn.neptngerDavospihent LLC E-Mail: ml@batlelawpc.com Applicant Mailing Address: clo Battle Law P.C. One West Court Square,Ste 750 Decatur, GA 30030 Applicant Phone: 404.601.7616 Fax: 404.745.0045 Owner(s): Georgia General Snapfinger Development. LLC E-Mail: maxepncel@gmal.con (lf more than one owner, attach as Exhibit' "A") Owner's Mailing Address: P.O. Box 704 Loganville, Georgia 30052 Owner(s) Phone: 770.317.3000 Fax: Address/Location of Subject Property: 2658 Kelley Chapel Road, 2317, 2349 & 2610 Snapfinger Road District(s): 15 Land Lot(s): 126 Block: 05 Parcel(s: 003, 015, 021 & 022 Acreage: 17.20 Commission District(s): 3&7 Present Zoning Category: R100 Proposed Zoning Category: MR-1 Present Land Use Category: SUB Proposed : TN TC ME. PLEASE READ THE FOLLOWING BEFORE SIGNING This form must be completed in its entirety before the Planning Department accepts it. It must include the attachments and filing fees identified on the attachments. An application, which lacks any of the required attachments, shall be determined as incomplete and shall not be accepted. Disclosure of Campaign Contributions In accordance with the Conflict of Interest in Zoning Act, O.C.G.A., Chapter 36-67A, the ollowing questions must be answered: Have you the applicant made $250 or more in campaign contributions to a local government official within two years immediately preceding the filling of this application? X Yes No If the answer is yes, you must file a disclosure report with the governing authority of DeKalb County showing; 1. The name and official position of the local govemment official to whom the campaign contribution was made. 2. The dollar amount and description of each campaign contribution made during the two years immediately preceding the filing of this application and the date of each such contribution. The disclgagre musti bo filed within 10 days after the application is first filed and must be submitted to the C.E.Oandine Bgard ofPpmmissioners, DeKalb County, 1300 Commerce Drive, Decatur, Ga. 30030. GeorgiGeneral, Srapfinger Devélopment, LLC Aosy SIGNATURE OF APPLICANT / DATE Lisa M Highlan 5510 50 Canary Ct. Check One: Owner X Agent PARN EsEAbnticello, Gà 31064 - 3GWest Ponce de Leon Avenue - Suites 100-500 - Decatur, Georgia 30030 PUBLIC WBI04.3712155 - [Planning Fax] (404) 371-4556 (Development Faxi (404) 371-3007 2y27. € - s Web Address sssassaeN 2029 C Email Address: amirsandeelomeniaetaboaumhgasor age Revised 1/1/17 You recently received a Community Battle Law, P.C. Meeting notice regarding a Rezoning Commercial Real Estate & Zoning and a Possible Land Use Amendment ONE WEST COURT SQUARE, SUITE 750 for property located at DECATUR, GA 30030 What is a Community Meeting? 2658 Kelly Lake Road Community meetings are designed to inform the surrounding commu- THE CORRECT ADDRESS IS nities of current rezoning, and special land use permit applica- 2658 Kelley Chapel Road, 2317, 2349, & tions. It's an opportunity for the 2610 Snapfinger Road community to learn about the proposed projects, ask questions, present concerns, and make sug- Once again this meeting will be held gestions. We take this opportunity Tuesday, June 25, 2019 at 6:30pm = to encourage you to come out and participate. Owner? Renter? 8:00pm Doesn't matter. All are welcome. At Wesley Chapel Library 2681 Wesley Chapel Road For More Info Contact Batoya Clements at: Decatur, GA 30034 Phone: 404-601-7616 ext. 2 Fax: 404-745-0045 Email: bdc@battelawpc.com SIGN IN SHEET 2658 Kelly Lake Road, 2317, 2349, & 2610 Snapfinger Road COMMUNITY MEETING Wesley Chapel Library-2861 Wesley Chapel Road Tuesday, June 25, 2019 6:30 PM - 8:00 PM Please print legibly Zip Phone First Name Last Name Address City, State Code Number Email Address Lhygdia Tuckr 404H Shadoobrokp Decatur 6A Bnu34 4o4a13 $430 Keyshia oOhvrmgiloa Hooa ullaz 404-748- 5721 Janite Belsy Hobe Rabnbow Dr DeakybH 3004 40zy 157-S445 kekayok e Comeakhnel ( (C 678 -249 - dan.9 @ Yha Kaosk Kellen ChplA 1881 9 gpeatland mal.l ce a 404) ferlyn Hestho a65) Cardleas Dopskur 50832 3B.6 bale telepeeisopat LL6Y Allvn Bauyl 3965 Ravovl Dr Dac 3a03y 543-7237 Treandus Baugh 3985 Reinovor Dr De Chtur 30034 404 38 4009 Charles Shaw Thoms NCBSKR GMEROS Ccome 457 Alén Decsferery - M lt Bety Allen 2586 Brightar Decatic 303t SIGN IN SHEET 2658 Kelly Lake Road, 2317, 2349, & 2610 Snapfinger Road COMMUNITY MEETING Wesley Chapel Library-2861 Wesley Chapel Road Tuesday, June 25, 2019 6:30 PM = 8:00 PM Please print legibly Zip Phone First Name Last Name Address City, State Code Number Email Address Brendz 2235 Kelly LAke Decaln 30032 4-241 Thompkis Derals 30034 6/28 I. STATEMENT OF INTENT The Applicant, Georgia General Snapfinger Development, LLC, is the owner of the following four tax parcels with an assembled acreage of 17.23 acres (the "Subject Property"): Tax Parcel 15 126 05 015 2658 Kelley Chapel Road Tax Parcel 15 126 05 021 2317 Snapfinger Road Tax Parcel 15 126 05 022 2610 Snapfinger Road Tax Parcel 15 126 05 003 2349 Snapfinger Road The Subject Property has a land use designation ofSuburban (SUB) andise currently zoned R- 100. The Applicant is seeking to develop 156 townhome units, and 25 single-family detached units on the Subject Property. In order to develop the proposed project, the Applicant is seeking to rezone the Subject Property from R-100 to MR-1. Additionally, simultaneously with the submission of this Application, the Applicant has filed an application to amend the land use designation from SUB to Traditional Neighborhood. This document is submitted both as a Statement of Intent regarding this Application, a preservation of the Applicant's constitutional rights, and the Impact Analysis of this Application as required by the DeKalb County Zoning Ordinance. A surveyed plat and conceptual site plan of the Subject Property controlled by the Applicant has been filed contemporaneously with the Application, along with other required materials. II. IMPACT ANALYSIS (a) Suitability of use: The proposed rezoning will permit uses that are suitable in view of the existing residential and multi-family uses on the parcels adjacent and nearby the Subject Property. The proposed rezoning will allow for the development of both 2 townhome and single family uses which are in line with the Wesley Chapel Activity Center small study. The Subject Property is abutted to the North by the Wesley Club apartment-complex which is within the I-20 Overlay Distriet with a land use designation of Town Center, to the South by the Rainover Estates and Shadowbrook single-family detached subdivisions zoned R-100 with a land use ofSUB, to the West by I-20, and to the East by vacant land zoned R-100 and MR-1. The proposed rezoning to MR-1 will provide fora suitable transition between these existing uses. Itshould also be noted that with the exclusion of the Subject Property and one adjacent tract, the remaining properties with frontage on Snapfinger Road have a land use designation of Town Center, are included in the I-20 Overlay District, and are zoned MR-h There is little to no logic in forcing the Subject Property to remain zoned R-100. (b) Effect on adjacent property: The proposed rezoning of the Subject Property for the development of townhomes and single-family homes will have. no. inverse. impact on the adjacent properties. Currently, the Subject Property is undeveloped and serves as a pedestrian cut-through and dumping ground. The proposed development will alleviate these issues, as there will be more eyes on the street, and the Applicant is proposing fencing along Snapfinger Road to cut down on pedestrian cut through traffic. Additionally, the development of the proposed project will provide an economic uplift to an area that was hit hard by the 2007/2008 housing crisis. Many homeowners are still recovering from the economic downturn. The sales price for the proposed townhome units will start at $175,000.00 and increase as units sell. The single-family detached 3 homes in the area have an average value of $135,000.00. The proposed townhomes will exceed this value, which will help to increase the surrounding home values. Diversifying the housing type in the area, is a policy goal in the Comprehensive Plan for the area, and there is no question that allowing townhomes will support this goal by providing for homeownership that is more attractive to empty nesters, and millennials who are looking for newer homes, at a great value with less maintenance. (c) Economic use of current zoning: The Subject Property has no use as currently zoned R-100 based on the adjacent multi-family use. (d) Effect on public facilities: The Subject Property is in an area with public utility availability and convenient access to major thoroughfares. The proposed rezoning will not cause excessive use of streets, transportation facilities, utilities, or schools in the area, (e) Environmental Impact. The approval ofthis Rezoning Application will not result in any adverse environmental impact. (f) Effect on adjoining governmental interest. The approval of this Rezoning Application will not have any adverse impact on any adjoining governmental interests. The Subject Property is located in unincorporated DeKalb County, as is not near the boundaries of any incorporated City. (g) Conformity with the Intent ofthe Comprehensive Plan or Land Use Plan: The proposed 4 Rezoning is consistent with the intent of the Wesley Chapel Activity Center policies, and with the Traditional Neighborhood policies, including: (i) Protection of Existing Residential Neighborhoods; (ii) Walkability; (iii) Infill Development; (iv) Connectivity: and (v) Sense of Place. (h) Effect on historical buildings. etç. The approval of this Rezoning Application will not have any adverse impact on any historical buildings, sites, district or archeological resources resulting from any proposed future development ofthe Subject Property. - Existing or changing conditions supporting approval or denial. The DeKalb County Board of Commissioners has acknowledged its commitment to the growth and development of the Wesley Chapel Corridor. The Subject Property is one of the largest assembled underdeveloped tracts within the Wesley Chapel corridor. Change in the area is coming but has been slow along the East side of the I-20 Corridor. The proposed project will support the development and redevelopment of other property within the Wesley Chapel corridor. As currently zoned R-100, there is no market for the sole development of single-family homes on the Subject Property, particularly in light of the multi-family development which is on the north side of Snapfinger Road. Furthermore, while the small area study for Wesley Chapel shows the Subject Property 5 being developed for single family detached homes, it assumes that the Wesley Club Apartments will be demolished- and replaced with a multifamily mixeduse roject_and townhomes to provide for a suitable transition between the higher intensity apartment usé and the existing single-family detached subdivisions off of Kelley Chapel Road. Unfortunately, this assumption is dubious as the Wesley Club Apartments is subject to Declaration of Land Use Restrictive Covenants recorded in Deed Book 19230, Page 323, DeKalb County real property records, in favor of the Georgia Housing and Finance Authority which requires the use of the Subject Property for Low Income Housing until 2021. The current owner, Wesley Club, LLC, is a subsidiary of AGPM, LLC out of Florida, which specializes in the development and maintenance of affordable housing developments. Wesley Club Apartments was acquired and rehabbed in 2002 with the use of bond financing issued by the DeKalb County Housing Authority. Therefore, the likelihood of the Wesley Club being sold and developed for market rate housing is fairly slim, as Wesley Club, LLC's current financing for the Subject Property doesn't expire until 2026. Previous discussion with the property owner suggests that they will be looking to renew the Land Use Restrictive Covenants in order to continue with their current Fannie Mae financing for the property. With respect to the small area study, what is most stunning is that it seeks to displace affordable housing units built with federal and state funds It should not be the County's goal and objective to displace or reduce the number of affordable housing units in the area in order to accommodate new market rate units. Affordable housing is needed and very difficult to come by, as fewer and fewer communities are supportive of affordable 6 housing, yet more and more people need affordable housing. It is no secret that the County is seeking rapid rail from to the Stonecrest Mall area. In order to achieve this goal density must increase along the route to justify the rail line. The remove of 257 dwelling units would therefore be in opposition to the goal of increased density. Furthermore, it is counter intuitive to actively seek to displace those families living in Wesley Club who are most in need of direct access to public transportation. Plans already exist to provide an express lane and bus route along the I-20 Corridor, with a bus station to be located on Wesley Chapel Road. The redevelopment of the Wesley Club Apartments may be necessary if the MARTA Station is located adjacent to the site, but that does not mean that 100% of the land will be impacted, nor does it mean that the owner will elect to displace over 257 units of affordable housing in favor of a market rate mixed use project and townhomes. In all likelihood, they will simply seek to upgrade their units, or redevelop the project with newer units. Consequently, the development of the Subject Property is what will be providing a suitable transition between the Wesley Club Apartments and the existing residential subdivision starting at Kelley Chapel Road. The small area study clearly shows that townhome units provide. a suitable transition between-a multi- family product and a single-family detached product. The Subject Property can and should provide this transition IV. CONCLUSION For the foregoing reasons, the Applicant respectfully requests that the Rezoning Application at issue be approved. Please note that the Applicant's Notice of Constitutional Allegations and Preservation of Constitutional Rights have been submitted with this Application 7 and are attached hereto and by this reference incorporated herein. This 3rd day of. July, 2019. Respeglfully submyifted, Michele L.) Battle, Esg Attorhey For Applicant NOTICE OF CONSTITUTIONAL ALLEGATIONS AND PRESERVATION OF CONSTUTIONAL RIGHTS The following constitutional allegations are given in order to preserve the rights of the Applicant to appeal any adverse decisions that may be rendered by DeKalb County with respect to this Application: The portions of the DeKalb County Zoning Ordinance, facially and as applied to the Subject Property, which restrict or classify or may restrict or classify the Subject Property sO as to prohibit its development as proposed by the Applicant are or would be unconstitutional in that they would destroy the Applicant's property rights without first paying fair, adequate and just compensation for such rights, in violation of the Fifth Amendment and Fourteenth Amendment of the Constitution of the United States and Article I, Section I, Paragraph I of the Constitution ofi the State of Georgia of1983, Article I, Section III, Paragraph I ofthe Constitution oft the State of Georgia of 1983, and would be in violation of the Commerce Clause, Article I, Section 8, Clause 3 oft the Constitution of the United States. The application of the DeKalb County Zoning Ordinance to the Subject Property which restricts its use to any classification other than that proposed by the Applicant is unconstitutional, illegal, null and void, constituting a taking of Applicant's Property in violation of the Just Compensation Clause of the Fifth Amendment to the Constitution of the United States, Article I, Section I, Paragraph I, and Article I, Section III, Paragraph I of the Constitution ofthe State of Georgia of 1983, and the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the Constitution of the United States denying the Applicant an economically viable use of its land while not substantially advancing legitimate state interests. A denial of this Application would constitute an arbitrary irrational abuse of discretion and unreasonable use of the zoning power because they bear no substantial relationship to the public health, safety, morality or general welfare of the public and substantially harm the Applicant in violation oft the due process and equal protection rights guaranteed by the Fifth Amendment and Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph I and Article I, Section III, Paragraph 1 oft the Constitution oft the State of Georgia. 8 A refusal by the DeKalb County Board of Commissioners to amend the land use and/or rezone the Subject Property to the classification as requested by the Applicant would be unconstitutional and discriminate in an arbitrary, capricious and unreasonable manner between the Applicant and owners of similarly situated property in violation of Article I, Section I, Paragraph II of the Constitution of the State of Georgia of 1983 and the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States. Any rezoning of the Property subject to conditions which are different from the conditions requested by the Applicant, to the extent such different conditions would have the effect of further restricting Applicant's utilization of the property, would also constitute an arbitrary, capricious and discriminatory act in zoning the Subject Property to an unconstitutional classification and would likewise violate each of the provisions oft the State and Federal Constitutions set forth hereinabove. A refusal to allow the land use amendment and/or rezoning in questions would be unjustified from a fact-based standpoint and instead would result only from constituent opposition, which would be an unlawful delegation of authority in violation of Article IX, Section II, Paragraph IV oft the Georgia Constitution. A refusal to allow the land use amendment and/or rezoning in question would be invalid inasmuch as it would be denied pursuant to an ordinance which is not in compliance with the Zoning Procedures Law, O.C.G.A Section 36-66/1 et seq., due to the manner in which the Ordinance as a whole and its map(s) have been adopted. The existing zoning classification on the Subject Property is unconstitutional as it applies to the Subject Property. This notice is being given to comply with the provisions of O.C.G.A. Section 36-11-1 to afford the County an opportunity to revise the Property to a constitutional classification. If action is not taken by the County to rectify this unconstitutional zoning classification within a reasonable time, the Applicant is hereby placing the County on notice that it may elect to file a claim in the Superior Court of DeKalb County demanding just and adequate compensation under Georgia law for the taking of the Subject Property, diminution of value of the Subject Property, attorney's fees and other damages arising out of the unlawful deprivation of the Applicant's property rights. 0 D.3 LP-19-1243384 D.4 Z-19-1243385 Site Plan 10-21-19 B C D N o Q - - INTERETATE XBNCESACY ONEL GU UIS I HICHIVAY 20 APPL TO OTREE o OOAS SALL BCSGEETL ENGT EARS R-100 FFER EBGETATYOMAEE ANTE VONAL BD TOEVE CEOR GA GENER RAL Pu PARK e 8 EETe ORAVI OLE ALO NG 81 A 3 3 39 & ARLEYE OWER FORO 2 STORMWATER Ba I POND 6 EK UNT 5 de F G CALL BEFORE E a s - - € YOU DIG WAAE 8 R.O.W. 98 6 PROPOSED TO 3 "B BEA ACQUIRED PRIVATE DRIVE a 3 SPACE a OPENS VICNTY MAP NOT TOSCALE o0 d OPOSED 8V WooD LANDLOTIS): 126 DISTRICT: 151H Me VMA PRMVACYE FENCE DEKALB COUNTY 97 ENHANCED DATE: JUNE 2019 - OPEN SPACE ISLOCATEDIN R-100 - NO. d AN a - - 2008 ak d Tel - 96 BAE MDE LOTS AT - sV SB) MIMMN 444444 E E 0e e DRNE "C Se (PRVATED E EREAR 95 LE MEA 0 5 e S t E j MIN 0 is V - - 4 E 6 B e 00 e ER - 2024 of e 9 d8 es 74, @ Felelele ale 443 a - a IDE 8 MONUMENT E 4444 ESEYAY 4 E SIGNI ENTRANCE TION: MAX e 9 E PUBUC STREET 030 8 DRNED e 55R ROW TPRVATE 44444B 6 usS STRIP 5 A pL 33 SIDEWALK @ LIGHT POLES (YP) 4448 ER DE % TYPICAL LOT DETAL NTS SUF EP NDAR 44S URUC TREET 1 JAL FER ETA o S ENT RY SOXN 00 REP LANTED - A s 1 a 8 03 3 L 920 W A R-100 AQUIR RED : TOBEACOUIRED E EB6 EEEEE RES Ps & R100 AC E NG ZONNG 10 W - SF OSED ZONNG MR1 DEKAIBCOUNTY Designedy IOUNTS 1245 Checkedby OA Ty 7OUR Projectr - E EL EATENDNGROW DEVELOFMENTT ROVEMENTS TOTHEE CTEVS ON E ESSSYAEK EX SEWER OFF RD SFDLOT SIZE MRE SoX 1OCFRONT EMIYCTACKDHONE FRIVATE KELLEY CHAPEL UNIT WOIH ES FRONT ENTRY TOMAIONE NORTH S UNT HEATED AREA 2005 SF MINMUMP PERC CODE E R-100 Ks pe GONF PERLOT OR TOTAL PARCEL ACREAGE PERCODE Scale. 60 or E C EVEK 5$ FRONT SFD 10: SFAS - A LIGHT POLES_TYP) R-100 REAR SFD MVARANCE SFAT 15 SDE SFD SFA a TVECALE TeE E ETWEENEURDNGS SHA) 20 TYPICA (SPD) 19TYPICAL SITE SRCAF ME V ACKED TRANSITIONALE BUFFER ASSHOWN ZONING FRONI ENTRY 20X45 SOEAR LANDSCAPE STRIP ASEHONA EVHIRIT D.3 LP-19-1243384 D.4 Z-19-1243385 Colored Site Plan SNAPFINGER ROAD ACYEENCE MANAEMENT d ot eS 6B Received by Dept. of Planning & Sustainability 10-22-19 ALLIANDE 60' 120' 240' ENGINEERING PLANNING LANDSCAPE ARCHITECTURE D.3 LP-19-1243384 D.4 Z-19-1243385 Building Design Example 1 E D.3 LP-19-1243384 D.4 Z-19-1243385 Building Design Example 2 8a D.3 LP-19-1243384 D.4 Z-19-1243385 Zoning Map 131 AV 130 E0O Snapfinger Woods DE S O Pkwy CET el HII MU-9 O] Chap C-3 RSM M E 126 125 R-2 ae an E Pleasant P MR-2 RSM MR-1 Paabak DE - - C-2 Plaza 8 Nevy Beginnig Worship Cen er 9 - R-100 bo ésl Chapey do enter R-100 Wesley 0991 nTS Failh Chapel odis OBasERnE a Ne C Brown on D.3 LP-19-1243384 D.4 Z-19-1243385 Land Use Map 132 131 130 Woods Dr % Po Snapfinger - Pkwy CERONT HC Chapel Bll 4 - 0 C Wesley C e TC 126 127 125 I Dekgib Transition, PI - caderay / df E Side DT Pleasant Point Dr Rainbow Dr Snapfinger Plaza New SUBO Worsh p er - 100 nbow Wesley Chapel 9 Center Dr INS entary Wesley 00991 Fivepo oints or Faith 09Aaoway Chapel-wilan Methodist/ Village Incorporated G Rrowimlibranv. D.3 LP-19-1243384 D.4 Z-19-1243385 Wesley Chapel LCI Plan (detail) Campus Ped. Connection Office to Residential - Complex Neighborhood Retain existing commercial with new Proposed 5 small-scale retail along Mixed Use Transit Line Wesley Chapel Options Future Greenway III o Connection 1-20 East Transiel tIntiative I-20 TOD Site Multi-purpose Conference Center Bridge over I-20 1-20 Single-Fam. Housing Development Residential Townhomes Mixed Use Development 41 Lane Complete Street 2Lane Complete Street - Library Expansion and Park Townhome Development 5 Commercial Development A ConceptLegend A ay eat Potentiall Local Street II Potentiall Transit Line Activity Center om LCIBoundary Gr D.3 LP-19-1243384 D.4 Z-19-1243385 Aerial View Interstate 20 w Wesley Club Apartments 3 3 D.3 LP-19-1243384 D.4 Z-19-1243385 Site Photos Kelley Chapel Road frontage and single-family homes to the west. AE / PI. Saboty ChapalRa. Kelley. Shadombrook Place D.3 LP-19-1243384 D.4 Z-19-1243385 Site Photos @ Snapfinger Road frontage and Wesley Club Apartments on opposite side.