Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 04 Super District 06
Application of Wilhemina Bestman for a Special Land Use Permit (SLUP) to allow for a late-night establishment in the C-1 (Local Commercial) zoning district, at 5439 Memorial Drive.
Body
PETITION NO: N5-2024-0631 SLUP-24-1247001
PROPOSED USE: Late-night establishment.
LOCATION: 5439 Memorial Drive, Stone Mountain, GA 30083
PARCEL NO. : 18 069 02 028
INFO. CONTACT: Adam Chappell, Sr. Planner
PHONE NUMBER: 404-371-4922
PURPOSE:
Application of Wilhemina Bestman for a Special Land Use Permit (SLUP) to allow for a late-night establishment in the C-1 (Local Commercial) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: Approval with 1 condition.
PLANNING COMMISSION: (July 11, 2024) Approval with conditions.
PLANNING STAFF: Approval with conditions.
STAFF ANALYSIS: The applicant, Wilhelmina Bestman, is seeking a Special Land Use Permit (SLUP) to allow for her existing restaurant (Mina’s Restaurant) to operate as a late-night establishment in the C-1 (Local Commercial) Zoning District, which would enable the serving of alcohol to patrons on the premises beyond 12:30 am. The restaurant use occupies a tenant space that is approximately 2,000 square feet and is part of a small shopping center containing four (4) tenant spaces in total. The adjacent uses within the shopping center are a coin laundry and two (2) personal service establishments (beauty salons/shops). No expansion of the existing tenant space or shopping center is proposed by the applicant. The existing restaurant, shopping center, and subject property are located within a Commercial Redevelopment Corridor (CRC) Character Area. The proposed late-night establishment is consistent with the Character Area’s intent to “improve the function and aesthetic appeal of commercial corridors in the County and promote the redevelopment of commercial corridors in decline”, per the DeKalb County 2050 Unified Plan (pg. 37). An on-site inspection of the subject property revealed an ample amount of off-street parking to support the proposed late-night establishment (the coin laundry on-site is open 24 hours but has not been shown to generate significant traffic that would affect or be affected by the proposed use). The subject property is surrounded on three sides by properties that are zoned for commercial uses (C-1), and while the property is in proximity to several residential developments (single-family attached and multifamily uses), these developments are all located across the northern side of a four-lane major arterial road (Memorial Drive). Business license and Certificate of Occupancy (CO) records with the County indicate that the current tenant has been in operation since at least 2010. The establishment has a valid and active CO, business license, and liquor license, and there do not appear to be any records of submitted citations or complaints. The establishment appears to be a “good neighbor” to surrounding businesses and the community and would not appear to adversely affect the health, safety, and welfare of the general public. Therefore, upon review of Section 7.4.6. of the Zoning Ordinance, the Planning and Sustainability Department recommends “Approval with the attached recommended conditions”.
PLANNING COMMISSION VOTE: (July 11, 2024) Approval with conditions 5-1-0. LaSonya Osler moved Jana Johnson seconded for approval with six (6) conditions, per staff recommendation. Tess Snipes opposed.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: Approval (9-0-0) with the condition that the SLUP be non-transferable.