Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): COMMISSION DISTRICT 02 SUPER DISTRICT 06
Application of Mark Ferguson for a Special Land Use Permit (SLUP) to allow the existing Po’ Boy Shop restaurant to operate as a late-night establishment (beyond 12:30 am) in the C-1 (Local Commercial) zoning district, at 1369 Clairmont Road.
Body
PETITION NO: N4-2023-1429 SLUP-24-1246745
PROPOSED USE: Po’ Boy Shop restaurant extended operating hours - late night establishment.
LOCATION: 1369 Clairmont Road, Decatur, Georgia 30033.
PARCEL NO. : 18-051-12-011
INFO. CONTACT: John Reid, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Mark Ferguson for a Special Land Use Permit (SLUP) to allow the existing Po’ Boy Shop restaurant to operate as a late-night establishment (beyond 12:30 am) in the C-1 (Local Commercial) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: Approval.
PLANNING COMMISSION: Approval with modified conditions.
PLANNING STAFF: Approval with conditions.
STAFF ANALYSIS: The subject site currently contains a 5,092 square foot restaurant (PO’ Boys) which closes by 12:30 am within the Clairmont Emory Village Shopping Center. The applicant is requesting to extend operating hours of the restaurant beyond 12:30 am to allow the business to serve alcohol until 2:00 am, which qualifies as a late-night establishment (LNE). LNEs require approval of a Special Land Use Permit (SLUP) by the Board of Commissioners. The property is located within a Town Center (TC) Character Area which calls for an increase in land use intensity. The establishment appears to have been a good neighbor to the surrounding community since there have been no complaints or citations issued for this business establishment based on a review of county records. The shopping center property owner submitted documentation (see attached) stating there will be ample parking during late night hours (beyond 12:30 am) as most of the other businesses in the shopping center will be closed. Additionally, no expansion of the building is proposed. Given the lack of complaints regarding the restaurant’s current operation and the ample parking, it appears that the establishment will be compatible with surrounding commercial and residential area. Therefore, upon review of Section 7.4.6of the Zoning Ordinance, the Planning & Sustainability Department recommends “Approval with the attached conditions”.
PLANNING COMMISSION VOTE: Approval with modified conditions 5-4-0. Sarah Zou moved, Jan Costello seconded for approval w/conditions per Staff recommendation, with an amendment to condition #7 to change the renewal period from 36 months to 24-months. Tess Snipes, Jon West, Jana Johnson & LaSonya Osler opposed.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: Approval 9-0-1.