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: N8-2024-0634 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: Denial.
PLANNING COMMISSION: Denial.
PLANNING STAFF: (rev. 07.17.2024) Two-cycle deferral.
STAFF ANALYSIS: (rev. 07.17.2024) 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 it appears that the site provides the minimum number of parking spaces required, 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 does not appear to meet maneuverability standards for Fire/Rescue or Sanitation vehicles, for example, as per a notice of violation issued on April 15, 2023 (see attached). Citations regarding lack of proper licensing were issued in 2023 but appear to have been resolved at the time of this analysis, and the existing restaurant currently has a valid Certificate of Occupancy (CO), business license, and liquor license. However, there was significant community opposition demonstrated at the Community Council District 2 meeting held on June 11, 2024 and the Planning Commission meeting held on July 11, 2024. Noise was a primary concern from residents living directly behind the property. During the staff site visit, the tenant space clearly showed sound (DJ) equipment and a small dance floor even though the SLUP application did not indicate a nightclub use was proposed; advertisements from the existing establishment on social media appear to market the business as a nightclub. The applicant has proposed valet parking as a potential solution to the limited onsite parking. They propose additional parking could be provided on the adjacent 1826 Lawrenceville Highway property to the south which is under common ownership with the subject property. A parking lease agreement was provided by the applicant shortly before the Planning Commission meeting held on July 11, 2024 but was not submitted in time for Staff review. 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. However, the existing property 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 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 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)). However, the applicant has demonstrated a willingness to mitigate potential adverse impacts by submitting conditions that could be attached to an issued SLUP permit. Some proposed conditions could potentially reduce the potential of the late-night establishment to cause unwanted nuisances and reduce the likelihood of neighborhood concerns. Additional information continues to be submitted by the applicant at the time of this analysis and there has been a willingness to continue dialogue to address the surrounding community. Therefore, in order to allow the applicant to address the outstanding Criteria 27-7.4.6 A, B, E and F, the Planning and Sustainability Department recommends a “Two-cycle deferral to the November 2024 zoning agenda”.
PLANNING COMMISSION VOTE: (July 11, 2024) Denial 6-0-0. Sarah Zou moved, Jana Johnson seconded for denial, per staff recommendation.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: Denial 7-0-0.