Sds Real Property Holdings, Ltd v. the City of Brookhaven, Georgia

Citations: 341 Ga. App. 862; 802 S.E.2d 100; 2017 WL 2645319; 2017 Ga. App. LEXIS 289Docket: A17A0336

Court: Court of Appeals of Georgia; June 20, 2017; Georgia; State Appellate Court

Original Court Document: View Document

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Motions for reconsideration must be physically received by the clerk’s office within ten days of the decision to be considered timely. In the case of SDS Real Property Holdings, LTD, and JLB Realty, LLC appealing a superior court order that upheld the City of Brookhaven Zoning Board of Appeals' (ZBA) denial of a land disturbance permit (LDP), the Developers contend that the superior court erred in its affirmance. They argue that: (1) the residential density requirements were not applicable due to conflicts with overlay district regulations; (2) no livable structure was planned on the residentially zoned property, thus the requirements did not apply; (3) rezoning was unnecessary for the LDP issuance, and the BZA's denial exhausted administrative remedies; and (4) the court did not apply the correct de novo standard of review. The Court reversed the superior court's decision, emphasizing that zoning ordinances must be strictly construed in favor of property owners, as they limit an owner’s rights. The Developers own approximately 4.6 acres across three parcels, primarily zoned C-1 (commercial) and R-100 (single-family residential). The parcels are within the Brookhaven-Peachtree Overlay District, which permits mixed-use, high-density development and prevails over conflicting underlying zoning rules. The Developers initially sought to rezone the property to PC-2 for a high-density development but later withdrew the application to await the LDP decision. Their proposed project included multifamily units and commercial space solely on the C-1 zoned portion, with no multifamily units on the R-100 district land.

The Planning Director denied the Land Development Permit (LDP) for the Developers, determining that the property required rezoning due to the existing R-100 zoning's density requirements, which limited development to one single-family detached dwelling per parcel. The Developers appealed to the Zoning Board of Appeals (ZBA), which upheld the denial after a hearing. Subsequently, the Developers filed a petition for a writ of certiorari in superior court, challenging the denial. The superior court ruled that the Developers had not exhausted their administrative remedies by withdrawing their rezoning application and found the ZBA's decision supported by the record without any abuse of discretion.

The Developers contended that the superior court erred by affirming the denial, arguing that the R-100 zoning provisions conflicted with the overlay district regulations, rendering them inapplicable. The court agreed, noting that the superior court had applied an incorrect legal standard rather than the appropriate de novo standard of review for zoning ordinance interpretation. Upon applying the correct standard, it was determined that both the Planning Director and ZBA had misinterpreted the zoning ordinances regarding the need for rezoning.

The relevant definitions from the City of Brookhaven Code were clarified: 'density' pertains to dwelling units per acre, and specific restrictions exist for R-100 designated lots, including minimum lot sizes and coverage. C-1 zoned lots cater to retail and service establishments with different requirements. The three lots in question fall within an overlay district, which mandates that all development must comply with both the base zoning requirements and the overlay regulations. In cases of conflict, overlay regulations take precedence, a principle reiterated in the Brookhaven-Peachtree Overlay District provisions.

Conflict arises when there are competing regulations or provisions, specifically between the Overlay District and the underlying R-100 zoning. In the absence of specific provisions in the Overlay District, the underlying zoning regulations apply. The Overlay District is part of the Livable Centers Initiative aimed at developing a vibrant mixed-use community along the Peachtree Road corridor, characterized by multistory urban village elements. The Overlay District imposes requirements on architectural design, setbacks, sidewalks, transitional buffers, height, lot area, landscaping, parking, and signage to align with the Initiative's goals. Residential uses permitted include multifamily dwellings, single-family attached dwellings, and live-work units, explicitly excluding single-family detached housing allowed under R-100 zoning.

Due to the conflict between the Overlay District provisions and R-100 regulations, the Overlay District's provisions take precedence. The Planning Director's application of R-100 restrictions regarding density and dwelling units was erroneous. Ordinances must be harmonized, and any section should be interpreted within the context of the entire ordinance. The application of R-100 minimum dwelling size to the development was also incorrect due to the prior noted conflict. The denial of the Land Development Permit (LDP) based solely on R-100 density requirements, despite no violations of the Overlay District provisions, constituted an error.

The superior court incorrectly upheld the Zoning Board of Appeals (ZBA) and Planning Director's decisions, ruling that the Developers failed to exhaust their administrative remedies by withdrawing their rezoning application. The Overlay District Code does not require prior rezoning for LDP applications that meet its criteria. Therefore, the denial based on R-100 zoning misinterpretation was erroneous, and the Developers adequately exhausted their remedies by appealing to the ZBA and superior court. The judgment was reversed, with concurrence from Judges Miller and Reese.