Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): ALL
Application by the Director of Planning and Sustainability for a text amendment to the Zoning Ordinance, Chapter 27, Table 4.1 and Article 4.2.23 Drive-through facilities to allow a drive through facility, for a use other than a restaurant, to be allowed in the C-1 (Local Commercial) and C-2 (Commercial) districts located in Activity Centers.
Body
PETITION NO: D1. TA 19 1243216
PROPOSED USE: Drive-through facility
LOCATION: All of DeKalb County
PARCEL NO. : N/A
INFO. CONTACT: Marian Eisenberg
PHONE NUMBER: 404-371-4922
PURPOSE:
Application by the Director of Planning and Sustainability for a text amendment to the Zoning Ordinance, Chapter 27, Table 4.1 and Article 4.2.23 Drive-through facilities to allow a drive through facility, for a use other than a restaurant, to be allowed in Commercial districts. This amendment is to allow, with a Special Land Use Permit (SLUP), drive throughs for banks, dry cleaners, drugstores, and other non-restaurant businesses that are currently prohibited in a commercial district if located in an Activity Center designation. Pursuant to the PECS meeting held July 9, 2019, staff removed the use permit exceptions for restaurant drive-throughs and added a prohibition for all drive-through facilities within 500 feet of an elementary, middle, and high school.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (April 2019) CC-1 APPROVAL; CC-2 APPROVAL; CC-3 APPROVAL; CC-4 APPROVAL; CC-5 APPROVAL.
PLANNING COMMISSION: (7/9/2019) - APPROVAL; (5/7/2019) - APPROVAL
PLANNING STAFF: (July 2019) APPROVAL; (May 2019) APPROVAL
STAFF ANALYSIS: The current code allows, with a Special Land Use Permit (SLUP), drive throughs only in the mixed-use districts, if located within an activity center. This text amendment seeks to allow property zoned commercially to permit drive throughs with a SLUP. The SLUP will allow the Board to evaluate the layout of the drive through, speaker and windows, as well access to the site. This is for non-restaurant drive throughs and added a prohibition for all drive-through facilities within 500 feet of an elementary, middle, or high school only. Planning & Sustainability recommends “Approval of this text amendment”.
PLANNING COMMISSION VOTE: (7/9/2019) Approval 5-1-0. P. Womack, Jr. moved to approve, V. Moore seconded for approval per Staff recommendation. J. West opposed. (5/7/2019) Approval 6-2-1. P. Womack, Jr. moved, V. Moore seconded for adoption of the text amendment per Staff recommendation, as presented with amendments. J. Johnson and J. West opposed; A. Atkins abstained.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (June 2019): CC-1 Approval, 5-0-0; CC-2 Approval, 5-0-1; CC-3 Approval with Conditions, 10-0-0; CC-4 Approval, 9-2-0; CC-5 Approval, 6-0-1. Community Council District 4 would like specific criteria to be developed for drive- through facilities. They are concerned about the health effects of exhaust from idling cars in drive-through lanes and safety hazards if a drive- through facility is located within a commercial center and drivers must cross traffic to enter a drive-through lane. (April 2019) CC-1 No Quorum 1-0-0; CC-2 Full Cycle Deferral 6-0-0; CC-3 Approval 12-0-0; CC-4 Full Cycle Deferral 9-4-0; CC-5 Approval 9-0-0. Community Council-4 voted that the text amendment should be modified so that certain types of drive-through facilities such as drive-through funeral homes would be prohibited. Additionally, there were concerns that the requirement that drive-through facilities be at least 60 feet away from residential was not stringent enough, and that the distance requirement needed to be increased. Council also suggested that the drive-through supplemental regulations include a requirement that the drive-through use was non-transferrable. Additionally, the standard regarding lighting needed to be strengthened to better protect adjacent properties.