Councilwoman Carla Smith ​District 1 Atlanta​
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U-17-19 for 1297 McDonough Boulevard, S.E.

4/4/2018

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​DATE:
July 17, 2017
 

An Ordinance by Zoning Committee granting Special Use Permit for outdoor dining at eating and drinking establishments, pursuant to section  (l), for property located at 1297 McDonough Boulevard, S.E.
FINDINGS OF FACT:
       Property location: The subject property fronts approximately 110 feet on the west side of
McDonough Boulevard, S.E. and beginning at the intersection of Jonesboro Road and McDonough Boulevard. The property is located in Land Lot 56 of the 14th District of Fulton County, Georgia within the South Atlanta Neighborhood of NPU-Y in Council District 1.
       Property size and physical features: The subject property is approximately 0.76 acres and has approximately 224.1 feet of frontage along Jonesboro Road and approximately 90 feet of frontage along Gammon Street. The site consists of a two-story concrete structure with 30 parking spaces. Vehicles may access the property via a curb cut on Gammon Street. The topography of the lot is relatively level throughout. There are several mature trees located in the rear and around the perimeter of the property.
       Current/past use of property: The property is developed as a two-story mixed use structure with a variety of retail and commercr,ll tenants and a proposed community center. Staff is unaware of any previous uses of the site.
       Surrounding zoning/land uses: The «ubject property is surrounded by R-4 (Single-Family Detached Residential) zoning to the southwest and south, I-I-C (Light Industrial-Conditional) to the north, and C-I-C (Commercial Business-Condilional) zoning to the northwest, southeast, and east.

1297 McDonough Boulevard, S.E
Page 2 3
       Transportation system: McDonough Boulevard and Jonesboro Road are arterial streets. Gammon Street is a local road. The subject property is currently served by MARTA via bus routes #55 and #155 along McDonough Boulevard and Jonesboro Road.
PROPOSAL:
The applicant seeks a Special Use Permit to authorize outdoor dining of 8 tables and 14 chairs on an existing sidewalk patio which is adjacent to an existing grocery and eating and drinking establishment. The existing sidewalk dining area is located in the southeast portion of the structure.
       Ingress and egress: Ingress and egress to the subject property are provided by an existing driveway located off Gammon Street.
       Parking and loading: Currently there are 30 off-street parking spaces on the existing surface parking lot. On-site loading/unloading areas are located on the north side of the property.
       Refuse and service areas: The property currently has a I()xl() dumpster located on the south side of the property for the removal refuse and garbage. The applicant has proposed to continue utilizing the aforementioned method in accordance with the requirements of the City of Atlanta Code of Ordinances.
       BufTering and screening: The site currently is being buffered along the south side of the property line by several mature trees and dense vegetation. The applicant has proposed to place a 3-foot 4inch safety railing to be added to the perimeter of (he patio. The applicant has not proposed to alter the current methods of buffering and existing screening.
       Hours and manner of operation: The applicant has indicated the grocery tenant is expected to be compatible with the existing uses in the structure. The retail tenant will be open seven days per week from the hours of 7:0() a.m. to 8:()0 p.m. The grocery establishment services approximately 250 customers daily from age 1() to 8() years. The applicant has specified there would be food provided during the breakfast, lunch, and dinner time. The grocery tenant is expected to employ 2 to 3 persons per shift. The employees will be encouraged to park on the existing surface lot of the property.
       Duration: Applicant requests that the use permit is allowed indefinitely with no expiration date.
       Required yards and open space: The development appears to meet the minimum yard setback and lot coverage requirements.
 Tree Preservation and Replacement: No trees will be impacted or removed from the property.
CONCLUSIONS:
  1. Ingress and egress and proposed structure or uses thereon. with particular references to automotive and pedestrian safety and convenience. traffic flow and control. and emergency access: Based on the site plan submitted by the applicant and on-site visit conducted, there appears
ror 1297 McDonough Boulevard, S.E
July 17, 2017
Page 3 3
to be adequate access to the property via the driveway located off Gammon Street. Furthermore, emergency vehicles will enter the properly through the same driveways. Therefore, Staff is of the opinion that the existing ingress and egress is sufficient to ensure automotive safety and will not create traffic congestion.
  1. Off-street parking and loading: There are currently 3() off-street parking spaces. Maintaining a balance of uses though is critical 10 ensuring a successful and sustainable mixed-use development where parking demands may be met. The existing grocery tenant with outdoor dining does not change the tenant the mix, theretöre, the parking requirement has not increased.
  2. Refuse and service areas: The existing garbage service pick-up is adequate to serve the needs of lhe establishment.
  3. Buffering and screening: Staff is of thc opinion that there is significant existing screening on the property due to the existence of several mature trees on the rear of the lot. The applicant has proposed to place a 42-inch safety railing along the perimeter of the outdoor patio to provide separation between the patio and the surface parking lot.
  4. Hours and manner of operation: The hours and manner of operation as noted by the applicant would be consistent with hours of other existing uses within the development. Each type of use has different peak hours which do not appear to conflict with each other.
  5. Duration: The applicant requests that the use permit is approved for an indefinite period. Staff has no objection to this request.
  6. Required yards and open space: The property appears to comply with the required yards and lot coverage requirements.
  7. Compatibility with policies related to tree preservation: In its existing state, staff is of the opinion that the subject property complies with the City's Tree Ordinance.
STAFF RECOMMENDATION: APPROVAL
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    ​Zoning Review Board (ZRB)

    The Zoning Review Board consists of nine members, appointed by the Mayor and City Council, who meet twice a month to consider property rezonings and special use permits.  The Zoning Review Board takes into consideration the recommendations of the relevant Neighborhood Planning Unit (NPU) and the Office of Zoning and Development staff and makes recommendations on rezonings to the Zoning Committee of City Council.   ​

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