Tucker Council defers vote to limit drive-through facilities within the city

The Tucker City Council honors its parks department and supporters at its July 14 meeting. (Photo by Cathy Cobbs) The Tucker City Council voted July 14 to defer on second read an ordinance that would make changes to drive-through restaurants and facilities within city limits. The council considered the regulation in several defined areas within the city. In the downtown area, it would remove the option for a Special Land Use Permit for restaurants with a drive-through lane, essentially making it a prohibited use. In some areas in the Northlake and Lawrenceville areas, it would also prohibit a SLUP being used for a drive-through restaurant. In several areas within the city, other than the defined areas, it would require a SLUP for restaurants that request a drive-through configuration, which is currently allowed by right. During the meeting, Tucker Community Development Director Courtney Smith discussed several other changes regarding landscaping, setbacks and distance separations between drive-through restaurants and residential properties that were made between first and second read. During public comment Anne Lerner spoke in opposition to the ordinance, citing concerns with the distance separations between restaurants and other recent changes to the ordinance between first and second read. “I get the intent, but we are 20 square miles . . . and I’m concerned about the distances next to each other,” she said. “When these businesses are isolated they are not as successful.” After discussion, with several council members expressing like concerns that Lerner and others brought up, Mayor Pro Tem Cara Schroeder proposed a deferral until the next meeting, which passed unanimously. According to a staff memo, the council in February had issued a temporary moratorium on drive through facilities and drive through restaurants “to allow time to review existing ordinances and draft new ordinances related to these uses.” That moratorium expires in August. In other action, the city council passed a resolution by 5-0 supporting an amicus brief in the case of Chang v. Milton litigation against the City of Milton for personal injuries because of a 2016 vehicle collision with a masonry planter located on city-owned right of way where the obstruction was outside the motoring lanes of travel. Milton was found to be partially at fault and a jury awarded the plaintiff $35 million, but it is currently under appeal at the Georgia Supreme Court.. “The masonry planter had been at the same location since 1992 and had never been the subject of a complaint or prior accident,” a staff memo said. “The City believes the Court of Appeals ruling is inconsistent with existing legal precedent; and that it is in the best interests of the health, welfare, and safety of its citizens that the Court of Appeals ruling be reversed and that the questions presented by the Supreme Court be answered in a way that benefits Georgia’s’ cities. “ Council member Roger Orlando abstained from voting on the measure, citing professional connections to the suit. In other action, the council:• recognized the city’s parks and recreation department and its supporting organizations for its service;• postponed by a 6-0 vote a second reading to amend the Tucker charter to add an office of city marshal in order to address several concerns brought up by city council;• approved a $656,0000 contract amendment to fund Mountain Industrial Boulevard intersection improvements, of which 80 percent is federally funded;• passed on first read with modifications changes to Tucker’s fee schedules for filming, recreation center fees, and other associated services within the city. The post Tucker Council defers vote to limit drive-through facilities within the city appeared first on Rough Draft Atlanta.