Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 04 Super District 06
Application of Dahluk Group, LLC c/o Hakim Hilliard for a Special Land Use Permit (SLUP) allow for a late-night establishment in the C-2 (General Commercial) zoning district and Tier 1 of the Scottdale Overlay District, at 3420 E. Ponce de Leon Avenue.
Body
PETITION NO: N2-2025-0046 SLUP-25-1247359
PROPOSED USE: Late-night establishment.
LOCATION: 3420 East Ponce de Leon Avenue, Scottdale, Georgia 30079
PARCEL NO. : 18 047 02 010
INFO. CONTACT: Adam Chappell, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Dahluk Group, LLC c/o Hakim Hilliard for a Special Land Use Permit (SLUP) allow for a late-night establishment in the C-2 (General Commercial) zoning district and Tier 1 of the Scottdale Overlay District.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (Feb. 2025) Full-cycle deferral.
PLANNING COMMISSION: (March 4, 2025) 30-Day Deferral.
PLANNING STAFF: Approval with Conditions_rev. 03.19.2025
STAFF ANALYSIS: The applicant, Dahluk Group, LLC c/o Hakim Hilliard, is seeking a Special Land Use Permit (SLUP) to allow for an existing restaurant (Raymok Bar and Grill) to operate as a late-night establishment on the subject property, which would enable the serving of alcohol to patrons on the premises beyond 12:30 am. The property is located within Tier 1-NC (Neighborhood Center) of the Scottdale Overlay District and has an underlying zoning of C-2 (General Commercial). The proposed use would occupy Suite C within an existing shopping center that appears to have five (5) tenant spaces in total, several of which appear to be vacant. The western portion of the property contains an automobile repair establishment, which is a legal nonconforming use per Section 3.36.5. and Article 8 of the Zoning Ordinance. A minimum of ten (10) off-street parking spaces is required for a restaurant or late-night establishment use in Tier 1-NC of the Scottdale Overlay District. A submitted survey site plan (dated February 28, 2025) shows approximately 16 off-street parking spaces on-site with the potential for shared parking with adjacent properties. The shopping center and subject property are located within a Commercial Redevelopment Corridor (CRC) Character Area. The proposed late-night establishment is consistent with and likely supports the Character Area’s intent to “improve the function and aesthetic appeal of commercial corridors in the County and promote the redevelopment of commercial corridors in decline”, per the DeKalb County 2050 Unified Plan (page 37). The proposed use is also compatible with the Scottdale Overlay District’s statement of intent “to enhance the long-term economic viability… by encouraging new commercial and residential developments that increase the tax base and provide jobs” and “to protect established residential areas from encroachment of uses which are either incompatible or unduly cause adverse impacts on such communities” (Section 3.36.3. of the Zoning Ordinance). The site is surrounded by commercial and industrial uses in its immediate vicinity and is separated by residential uses in the Overlay to the east by the presence of East Ponce de Leon Avenue, Church Street, and Georgia Railroad Right-of-Way (ROW) in between. A small portion of the property has frontage along East Ponce de Leon Avenue, which is classified as a minor arterial, and the property is located in the vicinity of several other minor arterials that intersect or run parallel to East Ponce de Leon Avenue. A liquor survey submitted with the application confirms that the location of the proposed late-night establishment is at a significant distance from any place of worship or school. Planning Staff has deemed that the application meets the criteria for deciding a SLUP application per Section 7.4.6. of the Zoning Ordinance. There do not appear to be any concerns from other County departments with respect to potential access, traffic, or safety issues. The establishment appears to have been a “good neighbor” to the surrounding community, as there have been no concerns raised by members of the community at Community Council or Planning Commission public hearings. Therefore, the Planning and Sustainability Department recommends “Approval with the attached conditions”.
PLANNING COMMISSION VOTE: (March 4, 2025) 30-Day Deferral 7-1-0. LaSonya Osler moved, Jon West seconded for a 30-day deferral to the April 22, 2025 Board of Commissioners meeting. Tess Snipes opposed.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (Feb. 2025) Full-cycle deferral 10-0-0.