Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): 4 & 6
Special Land Use Permit, SLUP-17-2173, Same Ahmed
Body
PETITION NO: SLUP-17-2173
PROPOSED USE: Late Night Establishment
LOCATION: 447 North Indian Creek Drive
PARCEL NO.: 18 044 02 010
INFORMATION CONTACT: Andrew Baker
PHONE NUMBER: 404-687-7154
PURPOSE:
For a Special Land Use Permit (SLUP) to allow an existing 3,354 square foot restaurant (Future Lounge) within a 13,902 square foot multi-tenant commercial building to allow operating hours beyond 12:30 a.m. as a Late Night Establishment in the C-1 district. The property is located on the east side of North Indian Creek Drive, approximately 448 feet northwest of Memorial Drive at 447 N. Indian Creek Drive in Clarkston, Georgia. The property has approximately 153 feet of frontage along North Indian Creek Drive and contains 2.1 acres.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: DENIAL
PLANNING COMMISSION: DENAIL
PLANNING STAFF: DENIAL
PLANNING COMMISSION MEETING: DENIAL
PLANNING STAFF ANALYSIS: (Revised 6/13/17): DENIAL The Board of Commissioners deferred this item from the May 23rd public hearing to allow the applicant time to clarify the following issues: 1) Provide proof that all property owners have signed the property owner authorization form of the SLUP application (DeKalb County tax records show that Dorothy McKay and J.M. Spivey are the property owners, but neither has signed the authorization form); and 2) Provide proof that the establishment has been issued a current business and alcohol license. A copy of the establishment’s current 2017 business and alcohol license is attached (see attached). At the time of this writing, the applicant has not yet provided verification that all property owners have signed the property owner authorization form of the SLUP application. The applicant’s Special Land Use Permit (SLUP) application indicates that the proposed use is for a Late Night Establishment (LNE) to serve alcohol after 12:30 a.m. within 1,500 feet of property zoned for residential use. The Business License and Letter of Entertainment currently restrict the use of the property to “Restaurant” only. Based on investigation into the internet advertisements for special events and recent code enforcement citations (see attached special advertisements and Citation #028821), it appears the establishment is already staying open beyond 12:30 a.m. which is a violation of the zoning ordinance since restaurants must close by 12:30 a.m. Additionally, the advertisements suggest that the establishment is operating as a Nightclub since dancing is advertised. If the establishment is creating a temporary dance floor by moving chairs and tables around, then the application was improperly filed and should be re-filed to apply for a “Nightclub” use since dance floors are not allowed in Late Night Establishments. Since the establishment is already in violation of the zoning code regarding hours of operation and dance floors (based on their special event advertisements-see attached), Staff is concerned that the Zoning Code will continue to be in non-compliance (Section 7.4.6 J). Therefore, it is the recommendation of the Planning and Sustainability Department that the application be "Denied".
PLANNING COMMISSION VOTE: DENIAL 5-0-0. L. Osler moved, J. Johnson seconded for denial.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: DENIAL 7-2-1 Council recommended denial for the following reasons: 1) there is no evidence of support from adjoining business owners; 2) the applicant doesn't have a current business license; and 3) the applicant appears to have cash flow issues and opening beyond 12:30 a.m. will contribute to an unstable environment.