File #: 2023-1429    Version: 1 Name:
Type: Ordinance Status: Preliminary Item
File created: 11/6/2023 In control: Board of Commissioners - Zoning Meeting
On agenda: 1/25/2024 Final action:
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.
Attachments: 1. SLUP-24-1246745 Jan BOC 2024 Staff Report 1369 Clairmont Road.pdf, 2. 2024 01.25 Item 2023-1429 Conditions-Zoning Modified 1-25-24

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...

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