(0) DeKalb County GEORGIA DEPARTMENT OFI PLANNING & SUSTAINABILITY SPECIALLAND USE PERMIT APPLICATION Amendments will not be accepted after 5 working days after thei filing deadline. Date Received: Application No: APPLICANT NAME: Sky Lounge Cafe - Decatur Daytime Phone: (404)-343-1661 E-Mail: shy/oungeatl@gmal.com Mailing Address: 1850 Lawrenceville Highway, Georgia 30033 Owner Name: Air Hospitality Group, LLC (If more than one owner, attach contact information for each owner) Daytime Phone: 404-316-9191 E-Mail: ani@tenantpress.com Mailing Address: 5815 Live Oak Pkwy, Suite 2F, Norcross, GA, 30093 SUBJECT PROPERTY. ADDRESS OR LOCATION: 1850 Lawrenceville Highway, Georgia 30033 DeKalb County, GA Parcel 11D/806208075Ac Acreage or Square Feet: 1.09 acres Commission Districts: 2&6 Existing Zoning: C-1 Proposed Speciall Land Use (SLUP): Late-nighte establishment Ihereby authorize the staff of the Planning and Sustainable Department toi inspect the property that isi the subject of this application. Owner: Agent: V Signature of 775 YOUAREI INVITED to FOR NOTICEOFSPACIALIAND: USEAPPLICATION COMMUNITYI MEETING SKYLOUNGE 1850Lawrenceville) Highway is applying for Special Land Usel Permitt toe extend operating hours Submitted for Applicant by: M. Hakim) Hilliard, Esq. Find out more about the project, ask questions, and voice your opinion at the following community meeting: on Wednesday. April 17,2024 At6:001 PM At 18501 Lawrenceville Highway dhayley@eglawfim.com) (If you! have any questions or concerns regarding the application, priort to or after ther meeting please email them to Mame Jansayh Marichkl Addlves, Cuw,/ 716Densle Dr JPIsMLe Shvkcou Z6slhriàgebr Aacinheze Smail.com Cvfrence PEMaTe brkmperegnn Gmm a-alinpymalem engelesuaskon CRIKAVAnAH-Agmal sAerepmileN serinhugmaen cher-le-Hleynilw Venerebelkaya-ey agrimbergeesm Claire Frerh brbuyl MHac 840 ahelche/Dr. 858 Gayomnt C Maliya and Blake PE 2632 WdridgeDn 1 Ahbbh Ekika Engel ALI OWENS & BEN HENLEY Alex Shem/ Allen Vencr fzageh Geumbevgew 81 Whelchel 817 Whelclel 824 WhelcheLD 2556 Fymnoe MKDr 46b6 WhelcheDr Jessica Andrens -Wilson pmahwvlaesalon 823 Whelchd RA Discount Mailing service 2459 Perkerson road SW Atlanta, GA: 30315-7217 Invoice Invoice # 64-#899 Date 3/20/2024 Bill To Chilivis Grubman 1834I Independence Square Atlanta Ga 30338 Attn:Maiyshal Rashad P.O.No. Terms Project Quantity Description Rate Amount Setup mailing filet for (Chilivis Grubman) Senior Associate. Attorney Mailing 1291 Post Postage due for mailing- paid by (Discount Mailing) First Class Mail Cards 5x7 Mailing Service and Pringing Fees Delivery Mailing tol Post Office 350.00 125.00 50.00 350.00 125.00 50.00 DISCOUNT MAILINGS SERVI 2459F PERKERSONRDS SW ATLANTA,GA303157217 03/21/2024 MID: 000000003556242 TID: 05406069 345444911886 CREDIT CARD VISASALE CARD# XXXXXXXXXXXX9094 INVOICE 0003 Bath#: 000150 Approval Code: 581937 Enty! Method: Manual Mode: Online Tax Amount: $0.00 Avs Code: w SALEA AMOUNT $50.00 13:51:56 CUSTOMERO COPY Thank Youl For Choosing Discount Mailing Service Total $525.00 #550 - 1834 Independence Square Atlanta, 30338 Georgia T404-233-4171 F404-261-2842 Direct dial 404-797-5525 hllard@rglawfim.com CG Chilivis Grubman April 29, 2024 BY EMAIL ONLY DeKalb County Government Development Services Center DeKalb County, Georgia 30030 RE: Letter of Application of Sky Lounge Café-I Decatur Application for Special Land Use Permit for Late-Night Establishment 1850Lawrencevile Highway, Decatur, Georgia 30030 To Whom it May Concern: This letter is prepared on behalf of Sly Lounge Café-Decatur, located at 1850 Lawrenceville Highway, Decatur, Georgia, 30033 (the "Subject Property") seeking a Special Land Use Permit to allow for the operation ofal late-night establishment at the Subject Property, which allow the business to open from 12:30am-2:00am every evening, except Sundays. The Subject Property consists of approximately 3200 square feet within a 13,778 square foot commercial building. The Subject Property has historically been used for commercial purposes and, more specifically, as an eating and drinking establishment. The Applicant currently operates the business as a full-service restaurant with an expanded menu, where hookah service is permitted by DeKalb County Government. The proposed hours of With the expanded permission afforded with a late-night permit, the Applicant's proposed operating hours shall be 1:00PM-2AM on Monday through Saturday, but the late-night hours will not consistently extend until 2:00AM. Thel business willl be closed on Sundays. Nol live entertainment: shall bej provided. The Applicant has had several conversations over the short period the business has been located at the Subject Property. Based upon those discussions, the Applicant is proposing the following conditions: 1. Avestibule shalll bei installed at the entrance to the Subject Property to: reduce: noise spillage 2. The. Applicant shall conductas sound study to ensuret thatinterior sound: is not heard outsid 3. The Applicant shall remove base components to the interior sound system. *This has from inside the Subject Property. the Subject Property. (This has already been completed. already been completed. 4. Ventilation system installed and all furniture is fire retardant to avoid accidents caused by 5. Activity at the rear of the Subject Property from employees is limited and efficient. 6. The. Applicant shalli inform all patrons regularly that the businessi is adjacent to: ai residential neighborhood and to be respectful entering and exiting the Subject Property as a result. 7. Provide the neighborhood representative a 24-hour business contact to address any Thank you for your attention to this matter. We look forward to working with all concerned use ofl hookahs. (This has already been completed.) questions or concerns real-time that may arise during business hours. as this request is processed. Yours very truly, WAA M. Hakim Hilliard CC: Maiysha Rashad, Esquire IMPACT ANALYSIS A. Adequacy of the size of the site for the use contemplated and whether or not adequate land area is available for the proposed use including provision of all required yards, open space, off-street parking, transitional buffer zones, and all other applicable requirements of the zoning district in which the use is proposed to be located. The building where Sky Lounge Café - Decatur ("Sky Lounge") is located is an existing commercial building and the suite Sky Lounge is located within has been a restaurant use for many B. Compatibility of the proposed use with adjacent properties and land uses and with other properties and land uses in the district, and whether the proposed use will create adverse impacts upon any adjoining land use by reason of traffic volume/congestion, noise, smoke, odor, dust, or vibration generated by the proposed use. Thel building where Sky) Lounge is located: is aj part ofal larger commercial building, which: is located on property zoned commercial. Itis fronted by Lawrenceville Highway, a busy roadway. To the rear of the Subject Property are single-family homes. Despite a restaurant business having been in the proposed location for many years, the Applicant is taking steps to ameliorate the impact ofits business on nearby and adjacent properties. These steps include, but are not limited to, building a vestibule at its entrance to reduce sound spillage, remove base speakers from inside, encourage patrons to enter and leave the inside oft the building quietly and otherwise adhere to all applicable rules and: regulations C. Adequacy of public services, public (or private) facilities, and utilities to serve the The business is in a space that has historically been used as a restaurant and adequate public and D. Adequacy of the public street on which the use is proposed to be located and whether Or not there is sufficient traffic carrying capacity for the use proposed sO as: not to unduly increase years. related to noise control. proposed use. private services and utilities are available to serve the proposed use. traffic and create congestion in the area. The Subject Property fronts on Lawrenceville Highway and sufficient capacity is available D. Adequacy ofi ingress and egress to the subject property and to all proposed buildings, structures, and uses thereon, with particular reference to pedestrian and automotive safety and convenience, traffic flow and control, and access in the event of fire or other There are two points of ingress and egress on the Subject Property at Lawrenceville Highway. E. Whether the proposed use will create adverse impacts upon any adjoining land use by thereon. emergency. reason of the manner and hours ofoperation of the proposed use. The proposed use could potentially create adverse impacts upon adjoining residential neighborhoods. As such, the Applicant has taken steps outlined to ameliorate these impacts. In this regard, the Applicant has been in communication with the adjacent residential neighbors and looks forward to agreeing on proposed conditions to be associated with the SLUP to address all issues. F. Whether the proposed use is otherwise consistent with the requirements of the zoning district classification in which the use is proposed to be located. Yes. G. Whether the proposed use is consistent with, advances, conflicts, Or detracts from the policies of the comprehensive plan. The proposed use is consistent with the policies of the comprehensive plan. H. Whether there is adequate provision ofrefuse and service areas. The proposed use has adequate room for refuse and service. The dumpster is located to the rear of the Subject Property and efficient service is otherwise coordinated by the property owner. Whether the length of time for which the special land use permit is granted should be The. Applicant is willing to work with the County to agree to a limited duration for the SLUP, and re-apply upon conclusion oft the agreed upon period, sO that alli impacted parties will have confidence limited in duration. that the. Applicant will be a good neighbor to: its neighbors. Whether the size, scale and massing of proposed buildings are appropriate in relation to the size of the subject property and in relation to the size, scale and massing of adjacent and nearby lots and buildings; and whether the proposed use will create any shadow impact on any adjoining lot or building as a result of the proposed building height. Yes. It is an existing building that has been used for the same purpose over time. K. Whether the proposed use will adversely affect historic buildings, sites, districts, or archaeological resources. N/A. L. Whether the proposed use satisfies the requirements contained within the supplemental regulations for such special land use permit. Yes. All supplemental requirements are satisfied. M. Whether the proposed use would be consistent with the needs of the neighborhood or the community as a whole, as expressed and evidenced during the review process. The Applicant believes that with adequate conditions in place, its proposed use would be consistent with the needs of the neighborhood and the community as a whole. DeKalb County Department ofPlanning - & Sustainability Phone: (404)371-2155 ealboumypagowpmmaing DeKalb Cedric Hudson Interim Director 178 Sams Street Michael Thurmond ChiefExecutive Officer [ County GEORGIA DeKalb County Decatur, GA 30030 GEORGIA LETTER OF ENTERTAINMENT READ ALL INSTRUCTIONS BEFORE COMPLETING THIS FORM 1. Both thei tenant and property owner are required tos sign the form. 3. Both signatures must! be individually notarized (two seals, two stamps, etc.). 4. *Agents (holding companies, property managers, attorneys, etc.) signer for property owner must attach any and all documentation necessary to prove they have authorization to act on behalf oft the owner. Failure to provide such information will delay approval of all permits and licenses necessary to open this business. Current Name of Business: Sky Lounge Cafe Decatur Previous Name of Business (if name has changed in past twelve (12) months): Address of Business: 1850Lawrencevile Highway, Georgia Business Contact Name & Number: Rizwan Budhwani - 678.467.2751 2. Alls signatures must be original. Suite # Date: EACHOFTHE FOLLOWING QUESTIONS MUSTI BE ANSWERED COMPLETELY: 1. Isthis] Letter of] Entertainment: fora V1 New! Establishment OR D1 Renewal of Existing Establishment? 2. Ist this establishment al Restaurant OR al Freestanding bar? (Check Only One) M Restaurant: An establishment wherefood and drink are prepared, served, and consumed primarily within the principal D Freestanding Bar: An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and which derives atl leastffy (50) percent ofitst total annualg gross food and beverage sales from thes sale ofbeverages, building. including but not limited to taverns, nightclubs, cocktail lounges, and cabaret. Note: Sunday Sales are Prohibited; for Establishments which are classified as al Freestanding Bar: 3. Ist this establishment permitted tos sell alcohol on Sunday? D Yes No Licensed establishments deriving a minimum ofsixty (60), percent of their total annual gross) food and beverage. sales from the sale ofprepared meals orj food are authorized to apply for a Sunday sales permit to sell and serve distilled spirits by the drink from 12:30 pm Sundays. Note: Sunday Sales are allowed only for Estublishments which are classified as Restaurants Latel Nightl Establishment: Anye establishment. licensed to dispense alcoholic beverages for consumption onp premises where such. 6a. Does this establishment: sell tobacco products, allow smoking, or otherwise allow consumption of tobacco products on the Smoking means inhaling, exhaling, burning, or carrying any! lighted or heated cigar; cigarette, e- cigarette, oral smoking device, Note: Onsite Tobacco Is Prohibitedy withouta Ventilation. Permit. Pleaser refert to DeKalb County Clean) Indoor Air Ordinance-Filel No.. 52-1548 Nightclub: A commercial establishment dispensing alcoholic beverages for copsumption on the premises and in which dancing 8. Isthis an "Adult Entertainment" establishment: as defined by thel DeKalb County Zoning: and. Adult Entertainment licensing and 9. Hasa Speciall Land Use] Permit (SLUP) been approved for this establishment? D Yes M No AS Special Land Use Permit is granted! by the Boardo of Commissioners under Section 27-7.4. 4. Ist this establishment open: after 12:30: am? establishment is open for use by patrons beyond 12:30a.m. 5. Does thise establishment: include: aj patio or deck? a Yes D No OYes VNo premises including, but not limited tol Hookah Services? M Yes No or pipe, or any other lighted or heated tobacco intended for inhalation, in any manner ori in any form. 6b. Doy youl have the required mechanical ventilation permit? Yes ONo 7. Ist this establishmentar nightclub with dancing andi musical entertainment? andi musical entertainment: is allowed. alcoholl beverage ordinances? Ifyes; please provide Casel Number D Yes M No DYes No Operation hours camot exceed thet time permitted by the Alcoholl Licensing Ordinance in Chapter 4ofthel DeKalb County Code. Rev. 4/5/23 Pagelof3 DeKalb County GEORGTA Letter of] Entertainment ITHE UNDERSIGNED, DO HEREBY SWEARORAFFIRM, UNDERPENALTYOFPERJURY,THAT IHAVE ANSWERED THE ABOVE QUESTIONS AND STATEMENTS TRUTHFULLY AND ACCURATELY, ANDI I UNDERSTAND THAT THE BUILDINGI PERMIT(S) AND CERTIFICATE(S)OF OCCUPANCY ISSUEDI INF RELATION TO THIS ENTERTAINMENT: STATEMENT", ARE CONDITIONED ON THE ANSWERS TOT THE ABOVE QUESTIONS AND ITHEL UNDERSIGNED, AFFIRM THAT THE BUSINESS OPERATINGI NAME IST THE SAME AST THEI NAME REFERENCED ONALLCOUNTYAPPLICATIONS. IALSOL UNDERSTAND THATS SHOULDI , INT THE FUTURE, OFFER ANY USEN NOT EXPRESSLYF PERMITTEDI BYT THE DEKALB COUNTY CODE ORS STATE LAWA AND/ OR CHANGE THEL USE OF THEE ESTABLISHMENT FROMTHE APPROVEDI PERMITTED USE, THAT MY CERTIFICATE OF OCCUPANCY: SHALL STATEMENTS. BEI IMMEDIATELYI NULL ANDVOID. Sworn to ands subscribed before this Sign. Avishak Syam Tenant or Authorized Agent day of Notary Public Sworn to and subscribed before me day of Notary Public 20 (Print/Typer name). Anill.Jivani 14C.09 Property Owner or Authorized. Agent 20 (Print/Typename). Page2of3 C DeKalb County GEORGIA Letter of Entertainment TO BE COMPLETED BY PLANNING & SUSTAINABILITY DEPARTMENT STAFF AFTER REVIEW OF LETTER OF ENTERTAINMENT. AND SUPPORTING DOCUMENTATION Alcohol Serving Establishments Within 1,500 feet of residentially zoned property License Review' Type NewL License close at 12:30a am Newl License Nightclub- SLUP granted Newl License- Latel Night- -SLUP granted Renewall License close at1 12:30 am Renewal License -Late Night- No SLUP Required (grandfather documents submitedlvalidated) Renewal License Nightclub- No SLUPI Required (grandfather documents submitedlvalidated) Approved Denied Not Applicable Alcohol Serving Establishments Beyond 1,5001 feet ofresidentially: zoned property License Review Type New! License closea at 12:30a am Newl License- Nightclub Newl License -Latel Night Renewal License close at1 12:30 Renewal License- Nightclub Renewal License- Latel Night Approved Denied Not Applicable am This_ (Sign Name) (Print Name) (Title) day of_ 20_ Jhaver reviewed this letter ofe entertainment: application and have takent the actionss setf forth above. Page3of3 IC DeKalb County CEORGIA DEPARTMENT OF) PLANNING & SUSTAINABILITY LATE NIGHT ESTABLISHMENT ORI NIGHTCLUB CHECKLIST 1. Ist the requested SLUP fora a new business or an existing business? (Please check only one) New Business question Nos. 2-5. ofcurrent business license. Existing Business V Ifthe SLUPi is for an existing business, please answer 2. Does this Business have a current Business License? Yes_ V No Ifyes, provide a copy 3. Has this business ever been operated without al Business License? Yes V No Ifyes, how long did the business operate without a business license? 4. Has this business received a citation for any oft the following: operating beyond the permitted hours of operation. a. Life safety violations such as pyrotechnics, overcrowding, inadequate ingress/egress b. Construction (major/minor: renovation, alteration and addition) without a valid C. Business closure and renovation without surrendering license to State and County as d. Change ofbusiness name, ownership, or use without DeKalb County approval. No valid Certificate of Occupancy: issued by] DeKalb County Violation of foperating hours oft the Zoning ordinance or Alcohol Ordinance. Lack ofproofofr residency under DeKalb County. Any person whol holds al liquor license in DeKalb County is required under DeKalb County law tol be ai resident ofDeKalb 5. Ifone or more oft the citations mentioned in] No. 4. have been issued, please provide copies ofs summons and citations and summary of court decision or resolution. DeKalb County permit. required by State law. County. Submittal ofai fraudulent application is a violation ofDeKalb County and Statel law. UINIunVI ATIVATIUN, SUMMONS AND ACCUSAIION GA0440200 NCICNUMBER 24974537 Citation Number A.M. Court Case Number Upon (Month). ppl DEKALB COUNT/.GEORGIAPOUCE DEPARTMENT (Day) S2p.ZS0 OP.M. Operator License No. 6570107 License Class or Typel State. Endorsements. Name 2LAC Address_ 742 Phe ou Avc City HA Veh.Yr.. Registration No. 0z Within LANE the Stateot ROAD (Serial" Expires ZUZL (Middle) Pyshok (First) State A ZipCgdey DOB 1/519EHar KL Hgt SAw5CMlm BLK CDL OYES ONO ACCIDENT D YES ONO INJURIES OYES ONO FATALITIES OYES ONO DuITestA Administorod: BLOQD D BREATH OURINE POTHER) DUITestResui OFFENSE (Other than above) C AGuC Alchc Make. Style. Yr. Color State. ODRIVER REQUESTED/ ACCURACY CHECK CalibrationCheck. VASCAR LASER ORADAR MPHha zone of0 State Lay Local Ordinance Georgla. dido commit. the following offense: SPEEDING Clocked by D PATROL) VEHICLE OTHER TESTADMNSTEASDEYA Applicable): in Violation of Code REMARKS - 1Z10 Section povvra afer 123D WEATHER (A) ROAD (B) TRAFFIC LIGHTING COMMERCIALVENICLEI INFORMATION Cloar Dory a Concrete Bught Dayight 164 Passengers Cloudy. Wet Blapktop Medium OOther Darkness B-Commercial Vehicle Violation DOther Raining Other Eice Other Din OHeavy County ot Dra ation (secondary location). (Print OFFICER 212a 3630 Camp Circle 29 Cily Decatur Hazardous Material Violation (PLACARD) and miles of. (city). on. 73 uMCIEN Ho within (city) TMVCL Badge 74733 Div. EE You are hereby ordered to appear in Court to answer this charge on the. days of - - DAM OPMinthe. Mas scec & Court Georgla. in Court at the date shall remain in effect NOTICE This eitation. shall constitute official notice to you that failure to appear shall cause the designated and time stated on this citation to dispose of the cited charges against of Driver you Services, and your driver's Court to forward your driver's license number to the Department license shall be suspended. (Georgia Code 17-6-11 and 40-5-56) The the suspension Court notifies the Department untt such tme as thereisas satisfactory disposition int this matter or UCENSE psPw AYERNUEUOF BAIL OYES ONO RELEASED TO. OF COPY OF SAME. SIGNATURE ACIGMOWLEDGES SERVICE OF THIS SUMMONS AND RECEIPT ol priver Serviges. GA0440200 NCICNUMBER Court Case Number Monthke Upon 24974502 Citation Number A.M. / OP.M. Expires (Middle) Zip Code_ 7 Eyes Color FATALITIES OYES ONO PATROL VEHICLE OTHER MPHina - gState Law! O Local Ordinance DEKALB COUNTY,GEORGIA POLICE DEPARTMENT (Day). 15 (Year). Operator License No. 65701037 License Class or Type_ - State 17 Endorsements Address_ 16 DIocS Name ny City. DOB. - Veh.Yr. Dau Make Registration No. D2-LANE ROAD (Serial NV: Fhe / (First) State- Style Yr.. (Last) SAsHar AIL Hgt. 50 6 Wgt./5D Sex. 17 CDL DYESNO ACCIDENT OYES ONO INJURIES OYEs ONO State. Withint the State of Georgia, did commit the following offense: SPEEDING CHECK Clocked by VASCAR LASER D RADAR D DuTestAdministere BLOOD E BREATH a URINE OOTHER) DUITestResults D DRIVER REQUESTED. ACCURACY Calibration/Check. zone TESTADMINSTEREDEYH, Applicable!: OFFENSE (Other than above) Va /C% inViolation of Code Section REMARKS WEATHER (A) ROAD (B) TRAFFIC LIGHTING COMMERCIALY VEHICLE INFORMATION Clear Dry Concrete Light Daylight 016+F Passengers Cloudy Wet D Blacktop ON Medium L Darkness Commercial Vehicle Violation Raining OIce Dirt DHavy Other Other Other OOther County of - A K/6 on 1850 aton (secondary location). OFFICER (Print). Hazardous Material. Vlolation (PLACARD) and miles of (city). ator.pear mile post. or within (city). Badge# 296 7 Div. Msoht Georgia. You are hereby ordered to appear in Court to answer this charge on the. 1376 days of 2033..200 AM D PMinthe. 3630 Camp Circle 2 Cily Decatus Court 60 NOTICE This oitation shall constitute official notice to you that failure to appear in Court at the date and lme statad on this citation to dispose of the cited charges against you shall cause the designated B Cours, to on are your driver's license number to the Department of Driver Services, and your driver's license hu D suspended. (Georgia Code 17-6-11 and 40-5-56) The suspension shall remain in effect unt louch a there isasatisfactory disposition in this matter or the Court notifies the Department Te OWLEDGES SERVICEOF THIS SUMMONS AND RECEIPT OF COPY OF SAME. ofDrivar P - NUEUOFBAIL DYES ONO RELEASED TO ION, SUMMONS AND ACCUSATION Court Case Number GA0440200 NCICINUMBER 24974501 Citation Number DEPARTMENT TA.M. OP.M. Expires 306 (Middle) Zip Code - Eyes Color State. DEKALB COUNTY, GEORGIA POLICE Upon (Month). (Day). 15 (Year). Operator License No. 057 0/0s 7/ License Class or TypeC State 6y Name HL4 City. DOB hs7air B7K Veh. Yr.. Registration No. D2- Within LANE the Stateof ROAD D DUI(Test Administered): ASTactrs OFFENSE (Other than above) A/5 in Violation of Code Section, 1