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Tucker council defers Northlake Mall special-use permit after owner, tenant clash over sidewalk condition
Summary
A second‑reading public hearing on a special‑land‑use permit for a massage business at Northlake Mall was deferred after a dispute between the tenant’s attorney and the mall owner over a staff‑recommended condition requiring new sidewalks. Council asked staff to broker talks and set a December 8 follow-up.
Council members postponed action on a special‑land‑use permit request for a massage establishment at Northlake Mall after sharp disagreement among the tenant, the mall owner and staff over a sidewalk‑installation condition.
At a second‑reading public hearing, city planning staff recommended approval of SLUP‑25‑0002 with a set of conditions that included Condition 6: the mall owner would install approximately 200 feet of additional sidewalk and crosswalks on the 4800 Briarcliff parcel within 120 days of SLUP approval. Staff estimated the work could cost in the mid‑five figures but noted that the figure was not an official estimate.
Josh Mahoney, attorney for the tenant, said the condition would effectively force his client out of business if the mall sought to pass the cost to the tenant or evict the tenant on short notice. "If we include condition 6, she would be forced to shut down," Mahoney told council. He urged council to strike the condition or defer action to allow time to negotiate alternatives.
Counsel for the mall, Kirk Feldstuhl of Smith Gambrell & Russell, said the mall owner learned of the SLUP late and objected to imposing infrastructure obligations on a tenant application that, in his view, are more appropriately addressed as part of a larger redevelopment. Feldstuhl said the condition appeared unrelated to the direct impacts of a 1,440‑square‑foot tenant use and that the remedy under the zoning ordinance would normally be to withhold a permit from the applicant rather than place the burden on the owner.
Council members voiced frustration about long‑running pedestrian connectivity issues at Northlake Mall and said sidewalks are an important city priority. Mayor (unidentified) proposed — and council voted — to defer action until the December 8 meeting so staff can convene the tenant, the property owner and other stakeholders to seek a solution. Council noted it could not defer indefinitely because of statutory timelines for SLUP action.
The motion to defer passed with the council stating the intent to hold a facilitated conversation in the interim. The public hearing portion for opponents had no speakers; the proponent and property owner exercised the available time to make their cases.
Next steps: staff will arrange discussions among tenant, owner and city staff and will return the item for a council decision on Dec. 8 unless parties resolve the outstanding condition earlier.
