DeKalb County  :t  DEPARTMENT OF PLANNING & SUSTAINABILITY  Rezoning Application to Amend the Official Zoning Map of DeKalb  County, Georgia  Date Received:  Application No:  Applicant Name: David M. Cesar  Applicant E-Mail Address: .cesar131@gmai.com  Applicant Mailing Address: 335 Crosstree Ln, Atlanta GA 30328  Applicant Daytime Phone: (786)5129142  Fax:  Owner Name: Alexandra Cesar  Ifmore than one owner, attach list of owners.  Owner Mailing Address: 335 Crosstree Ln, Atlanta GA30328  Owner Daytime Phone: (786)5125888  Address of Subject Property: 3960 Rockbridge Rd, Stone Mountain GA 30083  Parcel ID#: 18-043-02-009 Present Zoning District(s): Proposed. Zoning District: Present Land Use Designation: NS Proposed Land Use Designation (if applicable): Or  Acreage:  Commission District:    DeKalb County Chief! Executive Officer Michael' Thurmond  404371.2155(0) 404371.45560 Development: 178 Sams Street Services Center wwdelalbaunbasoy Decatur, GA3 30030  DEPARTMENT OF) PLANNING & SUSTAINABILITY REZONING APPLICATION CHECKUST EINANSNNNEX  Interim Director Cedric Hudson  Email one (1)copyo of your application as one (1)PDFfilet to Planner. Submit application through our online portal You MUST email ust that you've submitted the application online. For questions, email: msineishteautaaseN Schedulea a mandatory Pre-Application Conference with Planning & Sustainability staff by Application form (to be completed inp pre-application meeting). Please email Bhiledelalbpoumteasow appointment. Obtain Pre- Holda Pre-Submittal Community Meeting with surrounding neighborhood associations documentation oft the meeting (meeting notice ands signi in sheets). Letter(s) from homeowners' andi residents. Provide Submit Application (Email to planner ands submit mtsmideksaass Please A. Application form withr name and address ofa applicant and owner, and address of B. Pre-submittal community meeting notice and sign-ins sheet and other documentation subject ofn property; 1. Letterof: application identifying a) the proposed zoning classification, b) the reason proposed use (e.g. floor area, height of building(s), number of units, mix of unit manner and hours of operation), d)(optional) statement of conditions discussed types, 2. Impact analysis of the anticipated impact of the proposed use and rezoning on thes  1. 2. 3.  for appointment. association(s) may also be assemble materials In the meeting, ifany;  provided. followingorder).  Letter ofa application and impact analysis  use or modification request, c) the existing and proposed use of the property, d) detailed for the rezoning or special  number characteristics of the of employees, with the neighborhood or  community, ifany. meeting minutes.  response to the standards and factors specified in Article 7.3 of the DeKalb surrounding properties in attached. Ifa Major Modification, please include previously approved conditions County and Board Zoning of Ordinance, as  Commissioner  D. Authorization Form, ifa applicant is not the owner. Must be signed by all owners of  Authorization must contain the mailing address and phone number ofa any applicant ora the subject property and notarized. the owner(s) oft the subject property. Pleasei include warranty deed, ifp property ownership agent is whoi is authorized to represent sealed within the last year by a professional engineer or land: surveyor registered in the Improvements), prepared and property on opposite sides ofar public street right-ofway, file as separate application for each State of Georgia. (fs survey shows  less than 2y years.  E. Campaign disclosure statement (required by State law).  F. Legal boundary survey of the subject property, (showing boundaries, structures, and G. Site Plan, printedt to scale, folded, of anye existing and or proposed evecpmemvindevebpment lacre, site plan should be at least 1:50s scale. The site plan must includet the following: a. complete boundaries ofs subject property; b. dimensioned: access points and vehicular circulation drives; location of all existing and proposed buildings, structures, setbacks and parking; d. location of 100-year floodplain and any streams; e. notation oft the total acreage or squaref footage oft the subject property; flandscaping, tree removal and replacement, buffer(s); and . site plan notes of building square footages, heights, density calculations, lot coverage ofi parking ratios, open space calculations, and other applicable district standards. H. Written Legal Description of metes and bounds oft the subject property (can be printed on site I. Building Form Information. Elevation (line drawing or rendering), or details of proposed materials, 1. Completed, signed Pre-application Form (Provided at pre-application meeting.)  property.)  Forp projects larger than  impervious surfaces, plan or in  survey).  compliance with Article! 5 ofthe Zoning Ordinance.  NCOMPLETEAPPUCATONS WILLI NOT BE ACCEPTED    DeKalb County  DEPARTMENT OE PLANNING & SUSTAINABILITY  IMPACT ANALYSIS  (Please respond tot thei following standards andi factors on a separate sheet.)  Section 27-7.3.5. The following standards andi factors aret found tol ber relevant to the exercise oft the zoning powers and shall govern the review of all proposed amendments to the Official Zoning Map: county's A. Whether the zoning proposal is in conformity with the policy and intent of the Comprehensive Plan. B. Whether the zoning proposal will permit a use that is suitable in view of the use and development of Whether the property to be affected by the zoning proposal has a reasonable economic use as D. Whether the zoning proposal will adversely affect the existing use of usability of adjacent or E. Whether there are other existing or changing conditions affecting the use and development oft the which give supporting grounds for either approval or disapproval of the zoning proposal. F. Whether the zoning proposal will adversely affect historic building, sites, districts, or  adjacent and nearby properties.  zoned. properties.  currently nearby property archaeological  resources.  G. Whether the zoning proposal will result ina a use which will or could cause excessive or burdensome use of H. Whether the zoning proposal adversely impacts the environment or surrounding natural resources.  existing streets, transportation facilities, utilities, or schools,    A. Whether the zoning proposal is in conformity with the policy and intent of the The zoning proposal to rezone the property at 3960 Rockbridge Road from NS (Neighborhood Shopping) back toi its original zoning ofOI (Ofice-Institutional) is in clear conformity with the policy and intent of the Comprehensive Plan. The Comprehensive Plan aims to promote land uses that enhance the quality oflife, support community needs, and encourage sustainable development. The proposed daycare center aligns with these goals by providing an essential service to families in the community, fostering a supportive environment for working parents, and contributing to the local economy. Restoring the OI zoning designation not only respects the property's historical zoning but also supports the Plan's objectives of encouraging mixed-use developments that integrate commercial, institutional, and residential uses. This proposal complements the broader vision of the Comprehensive Plan by ensuring that land use is both B. Whether the zoning proposal will permit a use that is suitable in view of the use and Rezoning the subject property from NS (Neighborhood Shopping) to OI (Ofice-Institutional), is well-suited to the existing and future use of adjacent and nearby properties. The property was originally zoned OI, and restoring this designation aligns with the character oft the surrounding area, which includes a mix of commercial and institutional uses. A daycare center will provide a valuable community service, complementing nearby businesses and residential areas. Moreover, the location next to the Georgia Power distribution station offers ai natural buffer from the adjacent neighborhood, ensuring that the daycare operates without disrupting the residential environment. Thej proposed usei is consistent with the neighborhood's overall development goals, C.Whether the property to be affected by the zoning proposal has a reasonable economic While the property is currently zoned NS (Neighborhood Shopping), allowing for various retail and commercial uses, its economic viability is limited due to changing market conditions and the specific needs of the surrounding community. The demand for traditional retail space has decreased, while the need for essential services, such as childcare, has significantly increased. Rezoning the property back toi its original OI (Oitce-Institutional) designation would not only make better economic use ofthe property but also meet a critical community need. The proposed daycare center represents a sustainable and productive use of the land, ensuring that it continues  Comprehensive Plan.  practical and beneficial to the community. development of adjacent and nearby properties.  ensuring that the character and vitality of the area are: maintained.  use as currently zoned.  to contribute to the local economy in a meaningful way.    D. Whether the. zoning proposal will adversely affect the The proposed rezoning from NS (Neighborhood Shopping) back to its Institutional) designation will not adversely affect the and residential properties. The daycare center will  adjacent or nearby properties.  existing use or usability of  original OI (Office-  nearby properties. On the contrary, the introduction ofa existing use or usability of adjacent or the overall utility oft the area by providing a service that daycare center is expected to enhance benefiting nearby retail establishments, while generate increased foot traffic, potentially areas. The proposéd use aligns well with the mixed-use nature oft the disruption to residential community's needs without disrupting the existing environment. area and supports the E. Whether there are other existing or changing conditions affecting the development of the property which give supporting grounds for either use and  complements the surrounding businesses  levels. Additionally, the  maintaining a low impact on traffic and noise  property's] location next to the Georgia Power distribution  provides al buffer from the adjacent neighborhood, ensuring minimal  station  disapproval of the zoning proposal.  approval or  The current state ofthe property, which has allowed for an  trailers and illegal mechanical work, underscores the need unregulated parking lot for tractor surrounding area. Rezoning the property back to OI (Ofite-Institutional) negatively impact the appropriate and beneficial use oft the land, replacing these undesirable would facilitate a more  These activities not only detract from the  to revert to its original zoning ofOI.  property's potential but also  regulated daycare center. This shift aligns with the broader clean, safe, and family-friendly environment. Power distribution station further buffer from the residential property itself. I archaeological resources.  activities with a well-  community's goals of maintaining a  Additionally, the location next to the Georgia  supports the suitability oft the daycare center by providing a  address these issues and to neighborhood. The proposed rezoning is supported by the need to  promote a use that is in thel best interest  of the neighborhood and the  F.Whether the zoning proposal will adversely affect historic buildings, The zoning proposal to rezone the property from NS (Neighborhood original OI (Office-Institutional) designation will not sites, districts, or archaeological resources. The adjacent to, any known historic or daycare center is consistent with preserving the character oft the any construction or alterations that would compromise the significant sites. Therefore, this proposal while allowing for appropriate  sites, districts, or Shopping) back to its  adversely affect any historic buildings, subject property does not contain, nori is it  archaeologically significant areas. The  proposed use as a community and does not involve integrity of any historic or culturally  supports the continued protection oflocal heritage  development.    G.V Whether the zoning proposal will result in a use that will or could cause excessive or burdensome use of existing streets, transportation facilities, utilities, or schools. The proposed rezoning from NS (Neighborhood Shopping) back to its original OI (Office- Institutional) designation for the operation ofa daycare center is not expected to cause excessive or burdensome use ofexisting streets, transportation facilities, utilities, or schools. The traffic generated by a daycare center typically occurs during off-peak hours, reducing the impact on local traffic flow. Additionally, the property is adequately served by existing utilities, and the scale of thej proposed use is well within the capacity oflocal infrastructure. The daycare center will also provide a community service that does not place additional demands on local schools, as it caters primarily to preschool-aged children. Overall, the proposed rezoning aligns with the H. Whether the zoning proposal adversely impacts the environment or surrounding natural The zoning proposal to rezone the property from NS (Neighborhood Shopping) back to its original OI (Olice-Institutional) designation will not adversely impact the environment or surrounding natural resources. The proposed daycare center will adhere to all environmental regulations and best practices, ensuring that the development is environmentally responsible. Unlike the current use, which has led to unregulated activities like illegal mechanical work, the daycare center will be a clean and managed facility that minimizes environmental risks. Additionally, thej proposed use does not involve significant land disturbance or the release of pollutants, thus preserving the integrity oft the natural surroundings. The rezoning will, in fact, contribute to the environmental well-being oft the area by replacing potentially harmful activities  current capacity ofpublic services and infrastructure in the area.  resources.  with a safe and sustainable use.    DeKalb County  DEPARTMENT OFI PLANNING & SUSTAINABILITY DISCLOSURE OF CAMPAIGN CONTRIBUTION  In accordance with the Conflict of Interest in Zoning Act, OCGA Chapter 36-67A, the following questions must Have you, the applicant, made $250.00 or more in campaign contribution to al local government official within  be answered.  two years immediately preceding thet filling of this application?  Yes  MoX.  Ift the answer is yes, you must file a disclosure report with the governing authority of DeKalb County showing: 1. The name and official position of the local government official to whom the campaign contribution was 2. The dollar amount and description of each campaign contribution made during the two years immediately The disclosure must be filed within 10 days after the application is first filed and must be submitted toi the C.E.O. and to the Board of Commissioners of DeKalb County, 1300 Commerce Drive, Decatur,  made.  preceding the filing oft this application and the date of each such contribution.  GA30030.  Notary  Signature of Applicant /Date Check one: Owner  Agent  Expiration Date/ Seal  *Notary: seal not needed if answer is "no".    DeKalb County  DEPARTMENT OF PLANNING & SUSTAINABILITY  AUTHORIZATION  The property owner should complete this form or a similar signed and notarized form ift thei individual  who will file the application with the County is noti the property owner.  Date:  TO WHOM IT MAY CONCERN:  ()( (WE).  Name of owner(s)  being (owner) (owners) of the: subject property described below or attached hereby delegate  authorityto  Name of Agent or Representative  to file an application on (my) (our) behalf.  Notary Public  Owner  Notary Public  Owner  Notary Public  Owner  Notary Public  Owner    Docusign Envelope ID: EA/ZE690848598879.CE0E7D8E2567  2021195309 DEED BOOK 29938 Pg 388  Exhibit"A' Legal Description  ALL1 THAT TRACT OR PARCEL OF LAND LYING. AND BEING IN) LAND LOT43 OF1 THE 18THDISTRIG,; DBKALB COUNT/COAGAANDIEINO MOREI PARTICULARLY DBSCRBEDASFOLLOWS: BEGINNING AT A POINT ON THB NORTHERLY RIGHT OF WAY OF ROCKBRIDGE ROAD 94.001 FEET EASTERLY, FROM THE INTERSBCTION OFTHBI NORTHERLY! RIGHT OF WAY OF ROCKBRIDGE ROAD.WITHTHE CENTERLINB QF OLD STONE MOUNTAIN ROAD; RUNNING THENCE NORTH 20 DEGREES 49 MINUTES 49 SEÇONDS EAST 338.42 FEET; RUNNING THENCB SOLTH 841 DBGREBS 301 MINUTES 16 SECONDS EAST 60.031 FBET TO ANI IRONI PIN; RUNNING' THENCE SOUTH 17 DEGREES: 33 MINUTES 05 SECONDS WEST 323.731 FEBT1 TOACONGRETE MONUMENT LOCATED ONTHE NORTHERLY RIGHT OP WAY OF ROCKBRIDGE ROAD; RUNNINGTHENCE: SOUTH 881 DEGREES 417 MINUTES 04 SEÇONDS WEST ALONG THE NORTHERLY RIGHT OF WAY OF) ROCKBRIDGB RQAD 82.49 FEBTTO' THE) POINTOFI BEGINNING, THIS BEING IMPROVED PROPERTY KNOWN AS NO, 3960 ROCKBRIDGE ROAD, ACCORDING TO THE PRESENT SYSTEM OF NUMBERING HOUSES IN DEKALB COUNTY, GEORGIA, SAID. LEGAL DESCRIPTION BEING MORE PARTICULARLY SHOWN ON THAT PLAT OF SURVEY PREPARED BY SEKTON G. LESS ANDI EXCEPTithat portion ofs subject property conveyed to Dekalb County by virtue ofal Right of Way Deed from Charles H. Staples and Raymond. A. Suddet, dated December 3,1 1980, filed for record] January 23,1 1981, rocorded inl Deed Bool410,  SHEPHERD, ,RLS.DATDIISAO.  Page 169, aforesaid records,  AC  KE  CREI LimtedWarantyl Deed  23-195215-CRE  PeAgsAsphswNeTNNRAAETrudwe-ceABHMMsSENAA. 1/1    David Cesar 335 Crosstree Ln Atlanta, GA 30328 08/26/2024 178 Sams Street Decatur GA 30030  DeKalb County Planning and Zoning Department  Dear Members of the Planning and Zoning Department,  lam writing toi formally submit my rezoning application for the property located at 3960 Rockbridge Road, Stone Mountain, Georgia. My name is David Cesar, and lam seeking to rezone the property from its current designation of NS (Neighborhood Shopping) back toi its original zoning of OI (Office- The property was originally zoned as OI before being changed by the previous owners in 2016. Myi intent ist to restore the OI zoning to operate a daycare center, whichl Ibelieve will significantly enhance the surrounding businesses and community. The daycare center will provide essential services to local families, support working parents, and contribute to the local economy by offering a valuable resource The proposed rezoning aligns with the DeKalb County Comprehensive Plan, which seeks to promote land uses thati improve the quality of life and support sustainable community development. The OI zoning designation is suitable for the area, asi it complements the existing mix of commercial andi institutional Additionally, the property's location next to the Georgia Power distribution station provides a natural buffer from the adjacent neighborhood, ensuring that the daycare center operates with minimal impact on the surrounding homes. This location isi ideal for the proposed use, offering a safe and convenient environment for children while contributing positively to the community's overall development goals. lam committed to adhering to all county regulations and best practices to ensure that the development is both environmentally responsible and beneficial to the community. Ibelieve that this rezoning will allow the property to reach its full potential, replacing unregulated and undesirable activities with a well- regulated, family-oriented facility that meets the needs of our growing community. Thank you for your consideration oft this application. lam available to discuss any aspect oft this proposal further and look forward to the opportunity to contribute positively to the Stone Mountain community.  Institutional).  for early childhood education and care.  uses while integrating seamlessly with nearby residential neighborhoods.  Sincerely, David Cesar                        E