Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 04 Super District 06
Application of Murphy Oil USA c/o Ken Peters for a Special Land Use Permit (SLUP) to allow for an alcohol outlet (beer and wine sales) in the C-1 (Local Commercial) zoning district, at 5922 Memorial Drive.
Body
PETITION NO: N11-2025-0296 SLUP-25-1247424
PROPOSED USE: Alcohol outlet (beer and wine sales).
LOCATION: 5922 Memorial Drive, Stone Mountain, Georgia 30083
PARCEL NO. : 18 071 02 006
INFO. CONTACT: Andrea Folgherait, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Murphy Oil USA c/o Ken Peters for a Special Land Use Permit (SLUP) to allow for an alcohol outlet (beer and wine sales) in the C-1 (Local Commercial) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (April 2025) Denial.
PLANNING COMMISSION: (May 6, 2025) Withdrawal without Prejudice.
PLANNING STAFF: Withdrawal without Prejudice_rev. 05.07.2025.
STAFF ANALYSIS: The applicant is seeking a SLUP (Special Land Use Permit) to allow the sale of alcohol (beer and wine) in a C-1 (Local Commercial) zoning district. The applicant has filed a companion application (SLUP-25-1247423) to operate fuel pumps at the convenience store. The subject site was previously “DEC Bar” and is now a vacant commercial building. The proposal appears to conflict with three (3) key elements of the purpose and intent of C-1 zoning districts (Section 2.26.1): 1. To provide for quality control in development through materials and building placement. Site Plan, “SUP SITE” (dated 2/13/2025) displays parking and fuel pumps in front of the building. 2. To assure that the uses authorized within the C-1 are those uses which are designed to serve the convenience shopping and service needs of groups of neighborhoods. Convenience stores primarily focus on selling high-margin items like alcohol, tobacco, and snacks, rather than providing a broad range of daily household necessities (e.g., groceries, toiletries, basic food staples). 3. To implement the future development map of the County's most current comprehensive plan, 2050 Unified Plan. Additionally, the proposal does not meet Supplemental Requirements of Section 4.2.28 Fuel pumps associated with large retail, convenience stores, gas stations, service stations or 4.2.60 Small-box discount stores, support strategies of the Small Area Plan (SAP) “Memorial Drive Corridor Revitalization Plan” or support the vision of 2050 Comprehensive Plan Character Area CRC (Commercial Redevelopment Corridor). A development proposal in a CRC provides an opportunity to catalyst other development(s) for corridors experiencing decline. Often CRC consist of strip-style shopping centers, high levels of vehicular traffic, surface parking, and a general lack of connectivity (DeKalb 2050 Unified Plan, Pg. 37). SAPs allow policy makers and the community to guide development, policies, and investments at a much finer level of detail than can be provided in the overall comprehensive plan. The subject site sits between major intersections of Memorial Drive/Hambrick Road and Memorial Drive/North Hairston Road, between “Focus Area 3” (Hambrick Village) and “Focus Area 4” (Gateway East). The Focus Area’s suggest areas of the corridor destined for “dramatic change”, while still considering redevelopment along the entirety of the Corridor (Pg. 35, Memorial Drive Corridor Revitalization Plan). The SAP outlines distinct opportunities for incremental development intensity and building forms to unify a mix of uses for more human scale developments and to celebrate the cultural diversity of the Corridor. Specifically, the SAP presents data to address the challenges around the primarily auto-centric environment, infrastructure, large setbacks, surface parking in front of buildings, and the lack of connectivity and landscaping. The proposed “Murphy’s Oil” is one of the largest independent retailers and gas station operators nationwide. While commercial in nature, a large chain retailer offers no nod to the integrity of the existing cultural community nor supports the “Types of Businesses and Development” community members preferred as shown in the Community Vision Graph (see above). Large Chain Stores were the least preferred type of development overall. Not only does the use appear inconsistent with the strategies and policies of the CRC Character Area (2050 Unified Plan pg. 37) and SAP, but the proposed site plan detracts from the site as it exists today. As proposed, the six (6) gas pumps and twelve (12) parking spaces will be in front of the building. This type of design continues to perpetuate the challenges already presented - parking in front of buildings, minimal landscaping, and encouraging vehicular development. Site Plan Review (“SUP SITE” dated 2/13/2025): The submitted site plan reflects general compliance with several core provisions of the zoning ordinance, including Chapter 27 Section 2.24.1 Dimensional Requirements, Section 6.1.4 Off-Street Parking Ratios, and Section 5.4.5 Transitional Buffers. Specifically, the proposal meets the minimum lot size of 20,000 square feet, conforms to building setbacks for the C-1 district and arterial street frontage, provides the required 5-foot landscape buffers, and supplies 12 off-street parking spaces in accordance with code. There are deficiencies with Section 5.4.3 Streetscape Elements and Dimensions (2b.), Section 5.4.6 Screening (E), which requires screening around detention facilities. More critically, the proposal fails to meet several Supplemental Regulations outlined in Section 4.2.28 fuel pumps associated with convenience stores. Specifically, the application does not comply with subsections C3, D, F, G, H, and I, which address site and building-specific design criteria. Furthermore, the project does not meet the distance standards established in Section 4.2.60 (B) small-box discount stores and convenience stores. The establishment of such uses within one-half mile (2,640 feet) of an existing small-box discount retail store are prohibited. The proposed site is located less than 1,000 feet from an existing Dollar Tree (6050 Memorial Drive). Other interdepartmental comments are enclosed. Small box discount retail stores provide a valuable service to the residents and patrons of Unincorporated DeKalb County but also exhibit some negative relationships with public health, safety, and welfare. The county hired Analytic Trial Consultants, LLC, in 2022 to study the relationships between small box discount retail stores in unincorporated DeKalb County. That study found that small box discount retail stores in unincorporated DeKalb County exhibit some negative relationships with public health, safety, and welfare, especially when located in proximity to convenience stores. The applicant has requested a withdrawal and Staff supports “Withdrawal without Prejudice”.
PLANNING COMMISSION VOTE: (May 6, 2025) Withdrawal without prejudice 6-0-0. LaSonya Osler moved, Winton Cooper seconded for withdrawal without prejudice, per the applicant’s request.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (April 2025) Denial 9-0-0.