Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 02 Super District 06
Application of Sky Lounge Cafe - Decatur for a Special Land Use Permit (SLUP) to allow for a late-night establishment in the C-1 (Local Commercial) zoning district, at 1850 Lawrenceville Highway.
Body
PETITION NO: D9-2024-0634 SLUP-24-1247009
PROPOSED USE: Late-night establishment.
LOCATION: 1850 Lawrenceville Highway, Decatur, Georgia 30033
PARCEL NO. : 18 062 08 075
INFO. CONTACT: Adam Chappell, Sr. Planner
PHONE NUMBER: 404-371-4922
PURPOSE:
Application of Sky Lounge Cafe - Decatur 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: (October 2024) Denial. (June 2024) Denial.
PLANNING COMMISSION: (Nov. 2024) Denial. (July 2024) Denial.
PLANNING STAFF: Denial.
STAFF ANALYSIS: This application was most recently granted a Two-Cycle Deferral by the Board of Commissioners on July 25, 2024, following a request by the applicant and a recommendation from Staff. The applicant, Sky Lounge Cafe - Decatur, is seeking a Special Land Use Permit (SLUP) to allow for an existing restaurant (Sky Lounge Cafe - Decatur) 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 3,200-3,800 square feet in size and is part of a shopping center that appears to contain four (4) tenant spaces in total. The adjacent uses within the shopping center are two (2) retail establishments and another restaurant comprising approximately 4,000 square feet at the opposite end of the shopping center The existing restaurant, shopping center, and subject property are located within a Town Center (TC) Character Area. The use of a proposed late-night establishment may support the Character Area’s intent (per the DeKalb County 2050 Unified Plan) to “promote the concentration of higher intensity residential and commercial uses, which serve several communities surrounding the center, in order to reduce automobile travel, promote walkability and increased transit usage” (DeKalb County 2050 Unified Plan, pg. 32). However, existing site conditions may be inconsistent with these goals. The shopping center in which the existing restaurant is located was constructed circa 1972 and the layout of the site is automobile-oriented, with parking provided in front of the main building directly adjacent to the property’s frontage along Lawrenceville Highway (classified as a major arterial). The DeKalb County 2050 Unified Plan further mentions that “properties located along the outer edges of the Town Center shall be sensitive to the building height and density of adjacent single-family residential”. The subject property is located adjacent to single-family residential properties that are within a Suburban (SUB) Character Area and are zoned R-75 (Residential Medium Lot-75). A survey of the property provided by the applicant (dated April 15, 2017) demonstrates that the existing shopping center/site is nonconforming with respect to current transitional buffer requirements. Per Section 5.4.5. of the Zoning Ordinance, an undisturbed transitional buffer of not less than 50 feet in depth is required along property lines adjacent to R-zoned lots; the survey and on-site inspections confirm that there is inadequate screening between the existing building and residential properties to the north and west since no planted/undisturbed buffer exists on-site. The survey shows approximately 45 off-street parking spaces provided on-site. Per Section 6.1.4. of the Zoning Ordinance with respect to off-street parking ratios, a minimum of 39 off-street spaces are required with the current restaurant and retail uses on the property (restaurants require a minimum of one (1) space per 250 square feet of floor area and retail uses require a minimum of one (1) space per 500 square feet of floor area). Late-night establishments require a minimum of one (1) off-street parking space per 300 square feet of floor area, which means that a granting of a SLUP would slightly reduce the minimum parking required. While the survey appears to show that the minimum off-street parking requirement is met, many of the provided parking spaces and drive-aisle widths do not appear to meet current dimensional requirements in Section 6.1.3., and the orientation of these spaces and drive-aisles may not meet maneuverability standards for Fire/Rescue or Sanitation vehicles, for example. There has been significant community opposition to the proposal, as demonstrated at Community Council District 2 meetings as well as Planning Commission and Board of Commissioners meetings held previously in July. Primary concerns from residents revolved around excessive noise, improper screening of trash and other refuse on-site, advertisements on social media that appear to market the business as a nightclub (with DJ’s and dancing), and the possibility that the establishment is already operating beyond 12:30 am (the latter claim has been unable to be confirmed by Staff). On September 26, 2024, Staff received a parking lease agreement between Sky Lounge Cafe and the owner of the property designated as 1833 Lawrenceville Highway, which is immediately adjacent to the southwest of the subject property. Valet parking has been proposed by the applicant as a solution to the potential maneuverability issues on-site, but on-site inspections of the properties conducted by Staff have indicated that there is no direct means of inter-parcel access between the two properties (a curb appears to be located along the common property line). Unless improvements to the sites were made, any safe transport of vehicles by a potential valet service would likely need to utilize Lawrenceville Highway instead of through the two properties. Around this time, an on-site inspection by Staff revealed that a new dumpster enclosure had been constructed in the northeastern portion of the subject property. This enclosure appears to be located in what previously were marked as off-street parking spaces. An approved building permit was submitted to Staff by the applicant (#3130042), for which the scope of work provided was “general repair to brick and façade”. It is unknown if the proposed dumpster enclosure was included in the provided scope of work. That being said, this dumpster enclosure appears to have been constructed by the property owner, NOT the applicant for this SLUP request. Upon review of the criteria to be considered for a SLUP in Section 7.4.6. (H) and (N) of the Zoning Ordinance, the use of a late-night establishment may be consistent with providing the community a use or amenity that is supported by the Town Center (TC) Character Area. Along with community opposition shown at previous public hearings, there has been a sizeable amount of support for the proposal, indicating that the current business acts as a gathering place, or “third place”, for some members of the community. The applicant appears to have made strides towards mitigating community concerns by installing soundproofing, and for electing to provide “No Parking” signs along Woodridge Drive. However, the existing property still may not be adequate in size for what would be considered an increase in the intensity of the existing use via late night operating hours, does not appear to have adequate screening to mitigate potential adverse impacts to adjoining residential uses (7.4.6. (A) and (B)) and does not appear to have adequate ingress and egress to allow for proper traffic flow/control and to address Fire/emergency concerns (7.4.6. (E)). Thus, the granting of a SLUP for a late-night establishment may create additional or increase existing adverse impacts upon adjoining residential uses by reason of the manner and extended hours of operation (7.4.6. (F)). Therefore, upon review of the full criteria for granting a SLUP in Section 7.4.6. of the Zoning Ordinance, the Planning and Sustainability Department respectfully recommends “Denial”.
PLANNING COMMISSION VOTE: (Nov. 7, 2024) Denial 6-0-0. Jan Costello moved, Edward Patton seconded for denial, per Staff recommendation. (July 11, 2024) Denial 6-0-0. Sarah Zou moved, Jana Johnson seconded for denial, per staff recommendation.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (Nov. 2024) Denial 8-0-0. (June 2024) Denial 7-0-0.