File #: 2023-0339    Version: 1 Name:
Type: Ordinance Status: Public Hearing
File created: 3/15/2023 In control: Board of Commissioners
On agenda: 8/22/2023 Final action: 8/22/2023
Title: COMMISSION DISTRICT(S): Commission District 3 Super District 7 Application of David Kirk for a Special Land Use Permit (SLUP) to allow the construction and operation of a restaurant with a drive-through on a portion of the property located in the C-1 (Local Commercial) Zoning District, at 3507 Memorial Drive.
Attachments: 1. Substitute 2023 08.22 Item 2023-0339, 2. Substitute 2023 07.11 Item 2023-0339, 3. SLUP-23-1246386 May 2023 Staff Report 3507 Memorial Dr
Substitute
Public Hearing: YES ? NO ? Department: Planning & Sustainability

SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 3 Super District 7
Application of David Kirk for a Special Land Use Permit (SLUP) to allow the construction and operation of a restaurant with a drive-through on a portion of the property located in the C-1 (Local Commercial) Zoning District, at 3507 Memorial Drive.
Body
PETITION NO: SLUP-23-1246386
PROPOSED USE: Restaurant with a drive-through configuration
LOCATION: 3507 Memorial Drive, Decatur, Georgia 30032.
PARCEL NO. : 15-200-02-040
INFO. CONTACT: Brandon White, Current Planning Manager
PHONE NUMBER: 404-371-2155

PURPOSE:
Application of David Kirk for a Special Land Use Permit (SLUP) to allow the construction and operation
of a restaurant with a drive-through on a portion of the property located in the C-1 (Local Commercial)
Zoning District, at 3507 Memorial Drive.

RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: Denial.

PLANNING COMMISSION: Denial.

STAFF RECOMMENDATION: Approval with conditions.

PLANNING STAFF ANALYSIS: The applicant, David Kirk of Troutman Pepper Hamilton Sanders, is seeking a special land use permit (SLUP) to redevelop a portion of the subject property and construct an outparcel drive-through restaurant within the northeast corner of the Belvedere Plaza shopping center. Currently, the space is vacant but previously operated as a multitenant building with a clothing store, recording studio, barber shop, insurance agency, tax office, and two (2) non-drive-through restaurants. The site may be adequate for the proposed use. Adverse impacts based on the manner and time of operation should be minimal as the applicant has stated the business hours would reflect surrounding establishments. The proposal appears to have addressed applicable supplemental regulations. The request is subject to SLUP approval with C-1 (Local Commercial) zoning when loc...

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