0 DeKalb County > 3 DEPARTMENT OF PLANNING & SUSTAINABILITY SPECIAL LAND USE PERMIT APPLICATION Amendments will not be accepted after 5 working days after the filing deadline. Applicant Name: Karimshan, Inc clo Battle Law P.C. Applicant Email Address: mb@batteawpc.com Applicant Mailing Address: 3562 Habersham at Northlake Building J, Suite 100 Tucker, Georgia 30084 Applicant Phone Number: 404-601-7616 Owner Name: Karimshah, Inc (Sadruddin Ashiq Ali) (If more than one owner, attach list of owners.) Owner Email Address: lenterprise/@ymal.om Owner Mailing Address: 1845 Lawrenceville Highway Decatur, GA 30033 Owner Phone Number: (678) 777-0080 Subject Property Address: 1849 Lawrenceville Highway Decatur, GA Parcel ID Number(s): 18 63 3 027 Acreage: 1.26 Commission District(s): 4&6 Super District: 8 C-1 Existing Zoning District(s): C-1 Proposed Zoning District(s): Existing Land Use Designation(s): Proposed Land Use Designation(s): (ifapplicable) I hereby authorize the staff of the Planning and Sustainable Department to inspect the property that is the subject of this application. X Owner: Agent: Signature of Applicant: Government ServicesCenter [0) 178 Sams Street Decatur, GA 30030 DeKalb County OPENANS 404-371-2155(0); 404-371-4556(0 G E o R 5 A DEPARTMENT OF PLANNING & SUSTAINABILTY Chief Executive Officer Interim Director Lorraine Cochran-Johnson Cedric G. Hudson, MCRP PRE-APPLICATION FORM REZONE, SPECIAL LAND USE PERMIT, MODIFICATION, AND LAND USE (Required prior to filing application: signed copy of this form must be submitted at filing.) Applicant Name: Phone: Email: Property Address: Tax Parcel ID: Comm. District(s): Acreage: Existing Use: Proposed Use: Supplemental Regs: Overlay District: DRI: Rezoning: Yes No Existing Zoning: Proposed Zoning: Square Footage/Number of Units: Rezoning Request: Land Use Plan Amendment: Yes No Existing Land Use: Proposed Land Use: Consistent Inconsistent Special Land Use Permit: Yes No Article Number(s) 27- Special Land Use Request(s): Major Modification: Existing Case Number(s): Condition(s) to be modified: [0 DeKalb County GEOR R C GIA DEPARTMENT OF PLANNING & SUSTAINABILITY WHATTO KNOW BEFORE YOU FILE YOUR APPLICATION Pre-submittal Community Meeting: Review Calendar Dates: PC: BOC: Letter of Intent: Impact Analysis: Owner Authorization(s): Campaign Disclosure: Community Council Meeting: Public Notice, Signs: Tree Survey, Conservation: Submittal Format: ONE (1) COMBINED, PDF DOCUMENT UPLOAD PLEASE Review of Site Plan Density: Density Bonuses: Mix of Uses: Open Space: Enhanced Open Space: Setbacks: front sides side corner rear Lot Size: Frontage: Street Widths: Landscape Strips: Buffers: Parking Lot Landscaping: Parking - Auto: Parking - Bicycle: Screening: Streetscapes: Sidewalks: Fencing/ Walls: Bldg. Height: Bldg. Orientation: Bldg. Separation: Bldg. Materials: Roof: Fenestration: Façade Design: Garages: Pedestrian Plan: Perimeter Landscape Strip: Possible Variances: Comments: Planner: Date: FILING FEES REZONING: RE, RLG, R-100, R-85, R-75, R-60, MHP, RSM, MR-1 $500.00 RNC, MR-2, HR-1, HR-2, HR-3, MU-1, MU-2, MU-3, MU-4, MU-5 $750.00 OI, OD, OIT, NS, C1, C2, M, M2 $750.00 LAND USE MAP AMENDMENT $500.00 SPECIAL LAND USE PERMIT $400.00 Scan Me to register Zoning Meeting Anew! project is proposed nearyou.. Please join Battle Law fora community meetingto discuss this project and what it means forthe community. To register please use the QR code above. lfyou would like the information emailed to you, please send an email to poxts@wtlelap.com. S 4 V - - Project Title: Karimshah, Inc. - 1849 Lawrenceville Highway B Karimshah Community Meeting Sign-In Sheet alexs218eyahoo.com crslaro7@gmail.com macney/zegmai.com Michaelleyrer1127@gmail.com L.same@belsoutn.net LawrenceSharp59@gmail.com MsA.Owensegmail.com ronbaker@processimproveguru.com sterin.nenleyegmal.com 0 DeKalb County 3 DEPARTMENT OE PLANNING & SUSTAINABILIY DISCLOSURE OF CAMPAIGN CONTRIBUTION In accordance with the Conflict of Interest in Zoning Act, OCGA Chapter 36-67A, the following questions must be answered. Have you, the applicant, made $250.00 or more in campaign contribution to a local government official within two years immediately preceding the filling of this application? Yes: No: Ifthe 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 made. 2. The dollar amount and description of each campaign contribution made during the two years immediately preceding the filing ofthis application and the date of each such contribution. The disclosure must be filed within 10 days after the application is first filed and must be submitted to the C.E.O. and to the Board ofCommissioners of DeKalb County, 1300 Commerce Drive, Decatur, GA 30030. Notary Signature of Applicant Date Check one: Owner Agent Expiration Date/ Seal *Notary seal not needed if answer is "No". DEKALB COUNTY, GA Campaign Contribution Disclosure Statements CAMPAIGN CONTRIBUTIONS DISCLOSURE: STATEMENT Pursuant to the provisions of 36 O.C.G.A. 67(A), please find below a list oft those contributions made by Michele L. Battle and Battle Law, P.C. in the past two years, aggregating $250.00 or more, to local government officials who will consider this application. NAME OF OFFICIAL AMOUNT OF GOV'T OFFICIAL POSITION CONTRIBUTION Mereda Davis Johnson Commissioner $1000 Nicole Massiah Commissioner $2000 LaDena Bolton Commissioner $500 Chakira Johnson Commissioner $500 Ted' Terry Commissioner $500 Robert Partrick Commissioner $500 By: Printed Name: htp.lloalho.:9801Fim: Documents/Form Library/DeKalb County/DeKalb 2024.2025 Campaign Disclosure Statement.docx B Battle Law STATEMENT OF INTENT and Other Material Required by DeKalb Zoning Ordinance For A Special Land Use Permit to Allow A Luxury Express Car Wash of Karimshah, Inc. clo Battle Law, P.C. for +/-1.26 Acres ofLand Being 1849 Lawrenceville Highway DeKalb, Georgia and Parcel Nos. 18 ) 03 027 Submitted for Applicant by: Michèle L. Battle, Esq. Joshua S. Mahoney, Esq. Battle Law, P.C. Habersham at Northlake, Building J, Suite 100 Tucker, Georgia 300384 (404) 601-7616 Phone (404) 745-0045 Facsimile mb@batlelawpe.com ism@batlelawpe.com 3562 Habersham at Northlake . Building] J, Suite 100 . Tucker, Georgia 30084 . Ph: 404.601.7616 battlelawpc.com B Battle Law I. LETTER OF INTENT Karimshah, Inc. (the "Applicant"): is seeking to develop on +/- 1.26 acres ofland being Tax Parcel No. 18 63 03 027 having frontage on 1849 Lawrenceville Highway (the "Subject Property") with A Luxury, express car wash. The Applicant is seeking a special land use permit of the Subject Property. This document serves as a statement ofi intent, analysis of the criteria under the DeKalb County Code of Ordinances and contains notice of constitutional allegations as a reservation of the Applicant's rights. II. DEKALB COUNTY SPECIAL LAND USE PERMIT CRITERIA 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 Subject Property is +/-1.26 acres. The site plan attached to this application demonstrates how the proposed use will fit on the site. The site plan shows that there is adequate space on the Subject Property for the proposed use including provision of all required yards, open space, off-street parking, transitional buffer zones, and all other applicable requirements ofthe C-1 zoning district. 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. The property immediately adjacent to the Subject Property are zoned M (industrial) and appear to be a parking lot and wholesaler. Across Lawrenceville Highway, the property is also zoned C-1 and used as a retail outlet. The property across Jordan Lane is zoned OI and MR-2. The nearest OI property is a "Merry Maids" service. The MR-2 property residential. The proposed car wash is compatible with the adjacent properties and land uses and will not create adverse impacts upon any ofthe adjoining land uses by reason oftraffic volume/congestion, noise, smoke, odor, dust, or vibration generated by the proposed use. C. Adequacy ofi public services, public (or private). facilities, and utilities to serve the proposed use. There are adequate public services, public facilities, and utilities to serve the proposed use. 3562 Habersham at Northlake . Building] J, Suite 100 . Tucker, Georgia 30084 . Ph: 404.601.7616 battlelawpc.com B Battle Law 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 traffic and create congestion in the ared. The Subject Property fronts on Lawrenceville Highway, which DeKalb County's GIS map classifies as a Major Arterial road. While there is access to the Subject Property via Jordan Lane, this zoning proposal seeks to close that access, SO the only access to the Subject Property will be via Lawrenceville Highway ifthis application is approved. Nevertheless, Lawrenceville Highway alone provides enough traffic-carrying capacity for the use proposed SO as not to unduly increase traffic and create congestion in the area. In fact, the included trip-generation report shows that the proposed car wash generates less traffic than other popular uses permitted in the C-1 district. E. Adequacy of 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 offire or other emergency. There will be adequate ingress and egress to the Subject Property and to all proposed buildings, structures, and uses thereon. The traffic flow will follow the pattern imposed by the drives proposed in the site plan. The pattern promotes a safe traffic flow. F. Whether the proposed use will create adverse impacts upon any adjoining land use by reason ofthe manner and hours of operation of the proposed use. The proposed use will not create adverse impacts upon any adjoining land use by reason of the manner and hours of operation of the proposed use. G. Whether the proposed use is otherwise consistent with the requirements of the zoning district classification in which the use is proposed to be located. The Applicant submits this special land use permit application with a major modification of condition application. Combined, the applications result in a use that is consistent with the requirements ofthe C-1 zoning district. H. Whether the proposed use is consistent with, advances, conflicts, or detracts from the policies of the comprehensive plan. The Subject Property is within the Town Center future land use designation, which explicitly permits the C-1 zoning district. The C-1 zoning district explicitly permits "automobile wash/wax" as a permitted use. However, DeKalb County has updated its zoning ordinance to include express car washes in the definition of"drive-thru facilities, 99 which require a special land use permit in the C-1 district. DeKalb County's Code ofOrdinances does not, however, disallow car washes in the Town Center designation. So, the proposed use is consistent with the comprehensive plan. 3562 Habersham at Northlake . Building] J, Suite 100 . Tucker, Georgia 30084 Ph: 404.601.7616 battlelawpc.com B Battle Law The Subject Property is within the Medline LCI Plan, which is referenced in the Comprehensive Plan. Specifically, the Subject Property falls into Area E - 1. Jordan Lane (along Lawrenceville Highway) of the Medline plan. In reference to Area E, the Medline plan states that "the primary use for this area should be commercial, office, retail, or mixed use." The proposed car wash qualifies as a commercial use under the DeKalb County Code of Ordinances. I. Whether there is adequate provision of refuse and service areas. There is adequate provision of refuse and service areas. J. Whether the length of time for which the special land use permit is granted should be limited in duration. The length of time for which the special land use permit is granted should not be limited in duration. K. Whether the size, scale and massing of proposed buildings are appropriate in relation to the size ofthe subject property and in relation to thesize, scale and massing ofadjacent 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. The size, scale, and massing ofthe proposed building are appropriate in relation to the size oft the Subject Property and in relation to the size, scale, and massing of adjacent and nearby lots and buildings. As a result, the proposed building will not create any shadow impact on any adjoining lot or building. L. Whether the proposed use will adversely affect historic buildings, sites, districts, or archaeologica. resources. The Subject Property is not in a historic district. The Applicant is not aware of any historic buildings, sites, or archaeological resources on the site. M. Whether the proposed use satisfies the requirements contained within the supplemental regulations for such special land use permit. The proposed use satisfies the requirements in section 4.2.13 and in section 4.2.23. N. 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 proposed use is consistent with the needs of the neighborhood or the community. There are no express car washes located anywhere in the area called out in the Medline LCI Plan. III. CONCLUSION 3562 Habersham at Northlake . Building] J, Suite 100. Tucker, Georgia 30084 . Ph: 404.601.7616 battlelawpc.com B Battle Law For the foregoing reasons, the Applicant hereby requests that the Board of Commissioners vote to approve this application for a special land use permit to allow a luxury express car wash. The Applicant welcomes any questions and feedback from the planning staff. IV.] NOTICE OF CONSTITUTIONALALLEGATIONS AND PRESERVATION OF CONSTITUTIONAL RIGHTS The portions of the DeKalb Zoning Ordinance, facially and as applied to the Subject Property, which restrict or classify or may restrict or classify the Subject Property SO as to prohibit its development as proposed by the Applicant are or would be unconstitutional in that they would destroy the Applicant's property rights without first paying fair, adequate and just compensation for such rights, in violation of the Fifth Amendment and Fourteenth Amendment of the Constitution of the United States and Article I, Section I, Paragraph I of the Constitution of the State of Georgia of 1983, Article I, Section III, Paragraph I of the Constitution of the State of Georgia of 1983, and would be in violation ofthe Commerce Clause, Article I, Section 8, Clause 3 ofthe Constitution ofthe United States. The application oft the DeKalb Zoning Ordinance to the Subject Property which restricts its use to any classification other than that proposed by the Applicant is unconstitutional, illegal, null and void, constituting a taking of Applicant's Property in violation of the Just Compensation Clause ofthe Fifth Amendment to the Constitution of the United States, Article I, Section I, Paragraph I, and Article I, Section III, Paragraph I of the Constitution of the State of Georgia of 1983, and the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the Constitution of the United States denying the Applicant an economically viable use of its land while not substantially advancing legitimate state interests. A denial of this Application would constitute an arbitrary irrational abuse of discretion and unreasonable use ofthe zoning power because they bear no substantial relationship to the public health, safety, morality or general welfare of the public and substantially harm the Applicant in violation of the due process and equal protection rights guaranteed by the Fifth Amendment and Fourteenth Amendment ofthe Constitution ofthe United States, and Article I, Section I, Paragraph Ia and Article I, Section III, Paragraph 1 of the Constitution oft the State of Georgia. A refusal by the DeKalb Board ofCommissioners to amend the land use and/or rezone the Subject Property to the classification as requested by the Applicant would be unconstitutional and discriminate in an arbitrary, capricious and unreasonable manner between the Applicant and owners of similarly situated property in violation of Article I, Section I, Paragraph II of the Constitution of the State of Georgia of 1983 and the Equal Protection Clause of the Fourteenth Amendment to the Constitution ofthe United States. Any Special Land Use Permit ofthe Property subject to conditions which are different from the conditions requested by the Applicant, to the extent such different conditions would have the effect of further restricting Applicant's utilization ofthe property, would also constitute an arbitrary, capricious and discriminatory act in zoning the Subject Property to an unconstitutional classification and would likewise violate each of the provisions ofthe State and Federal Constitutions set forth hereinabove. 3562 Habersham at Northlake . BuildingJ, Suite 100.' Tucker, Georgia 30084 . Ph: 404.601.7616 battlelawpc.com B Battle Law A refusal to allow the land use amendment and/or special land use permit in questions would be unjustified from a fact-based standpoint and instead would result only from constituent opposition, which would be an unlawful delegation of authority in violation of Article IX, Section II, Paragraph IV oft the Georgia Constitution. A refusal to allow the land use amendment and/or special land use permit in question would be invalid inasmuch as it would be denied pursuant to an ordinance which is not in compliance with the Zoning Procedures Law, O.C.G.A Section 36-66/1 et seq., due to the manner in which the Ordinance as a whole and its map(s) have been adopted. The existing land use designation and/or zoning classification on the Subject Property is unconstitutional as it applies to the Subject Property. This notice is being given to comply with the provisions ofO.C.G.A. Section 36-11-1 to afford the County an opportunity to revise the Property to a constitutional classification. Ifaction is not taken by the County to rectify this unconstitutional land use designation and/or zoning lassification within a reasonable time, the Applicant is hereby placing the County on notice that it may elect to file a claim in the Superior Court of DeKalb County demandingjust and adequate compensation under Georgia law for the taking ofthe Subject Property, diminution of value of the Subject Property, attorney's fees and other damages arising out ofthe unlawful deprivation of the Applicant's S property rights. Michele L. Battle, Esq. Attorney for the Applicant 3562 Habersham at Northlake . Building] J, Suite 100 . Tucker, Georgia 30084 . Ph: 404.601.7616 battlelawpc.com 1849 Lawrenceville Hwy, Decatur, GA TRIP GENERATION ANALYSIS Submitted March 9th, 2023 Marrative/ntroduction The Applicant is proposing the construction ofa ModWash automatic carwash tunnel. The carwash will consist of3,900 square feet ofs space and willl be able to accommodate multiple vehicles at the sametime. The carwash site will be located at the south corner ofLawrenceville Highway and Jordan Lane consists of 1.28 acres of land. The street address of the parcel is 1849 Lawrenceville Hwy, Decatur, GA and is part of Dekalb County. For this analysis, The potential trip generation associated with the proposed development compared with other commercial uses and also the proposed approved 25,000 sf retail/office as approved in 2006. The Independent variable of 1,000 square feet of gross floor area was selected instead ofthe number or carwash tunnels. This is due to the fact that the per square foot approach was deemed to be a more accurate reflection of the intensity of the use as opposed to the more: nebulous per carwash tunnel independent variable. It should be noted that as ofthe writing ofthe ITE 11th Edition, there are very few data points available for the Automatic Carwash land use. Trip Generation The tables that follow (Tables 1, 2 and 3) indicate the estimated project traffic using ITE Trip Generation 11th] Edition. Table 1 - Saturday, Peak Hour of Generator Pass-By Pass-By Trips Net-New Trips ITEI Land-Use ITE Land Independent Average Total Capture 2- 2- Category Use (Code) Variable Rate Size Trips In Out Rate Way In Out Way In Out Proposed Land Use Automated Car Wash 948 1000 Sq. Ft. 41.0 3.9 160 74 86 0% 0 0 0 160 74 86 Convenience Store 851 79.23 3.9 309 154 155 309 154 155 1000 Sq. Ft. 0% 0 0 0 Fast Food w/o 933 54.6 3.9 213 104 109 213 104 109 Drive Thru 1000 Sq. Ft. 0% 0 0 0 Auto Sales 841 26.4 3.9 19 10 9 19 10 9 (Used)* 1000 Sq. Ft. 0% 0 0 0 Retail Plaza (25k 822 6.83 25 164 84 80 164 84 80 sf) 1000 Sq. Ft. 0% 0 0 0 *Weekday peak hour was used as Saturday is not an option Table 2 Weekday, Peak Hour of Adjacent Street' Traffic, one hour 4pm to 6pm Trip Generation Estimates Table 3 - PM: Peak Hour of Genrator Trip Generation Estimates Pass-By Trips Net-New Trips Pass-By ITE Land-Use ITE Land Independent Average Total Capture 2- 2- Category Use (Code) Variable Rate Size Trips In Out Rate Way In Out Way In Out Proposed Land Use Automated Car Wash 948 1000 Sq. Ft. 11.66 3.9 45 23 22 0% 0 0 0 45 23 22 Convenience Store 851 53.6 3.9 209 106 103 209 106 103 1000 Sq. Ft. 0% 0 0 0 Fast Food w/o 933 52.8 3.9 206 103 103 206 103 103 Drive Thru 1000 Sq. Ft. 0% 0 0 0 Auto Sales (Used) 841 3.8 3.9 15 7 8 15 7 8 1000 Sq. Ft. 0% 0 0 0 Retail Plaza (25k 822 13.24 25 331 179 152 331 179 152 sf) 1000 Sq. Ft. 0% 0 0 0 70 Mansell Ct., Suite 200, Roswell, GA 30076 678.395.4920 I axiscompanies.com As the Saturday, Peak-Hour of the Generator in the highest trip generation per 1,000 square feet of area, that trip generation was used for the analysis. Site Location Cale GAeR ei@ b JordanLn - A C - a Rn $ - - 70 Mansell Ct., Suite 200, Roswell, GA 30076 678.395.4920 : axiscompanies.com - PLANT SCHEDULE 6 TRE REES CODE NAN ME A . A 6 10 TE EMS 2' 4' PAVUS 60 16; POB 0, CODE BOTANICAL MON NAME SPACING L3 R 18 24" 12" Holly36" $ 2 - Se O 24 olly 60" - e : ND COVERS CODE QTY BOTANICAL COMMON NAME SPACING Fulto tand smaN pots 'Gold Gold 6 F E 1,205 ink ME Muhly - SeN A : PV2 590 Full ugalion pots Swi tch 36" R 355 'Standing Ovation' Standing Ovation Little Bluestem 24" - Sayeutm, potepe N Seed saai Eaden Broth 2099 Road, A - - eztoss 2W 5 - IS AII to W AS Z600 - 1/2' 3 Install management M practices, E E A with Install river rock 3 thick with geotextile . 3 E 6 cloth beneath. E E E 5 / bl & 9 Modwash Decatur A Parking lot tree canopy - & W A Fei O Botanica/Comm llexvomit pria' E Yaupont Holly TSMIESMIFCALSP Remark 64 LAGERSTBOEMAN INDICA 6 NATCHEZ CRAPE MYRTLE -5STEMS, 1" CAL. MIN ARGEST 6 s Quercus shumardi /Shumard Oak 1416,ML.S-Tspa.4 4calmin. PE 6 9 TOTAL / A - # & A /05) 6 SP COVER & VUAG GREEN TREE A R 25,586 SF VUA VUA 25,586 SF a %GREEN %REQUIRED x45% * REQUIRED x10% -COVERAGE o * -REQUIREDSF 2,558 SF REQUIRED 11,514 SF a -PROVIDED SF 5,073 SF -COVERAGE S &o PROVIDED 12,100 SF - ANI SYSTEM TREES REQUIRED FOR PERIMETERT TREES Required Provided LW North West 190 If/40= 5trees 5 trees JDV TER North East 231 If/40= 6 trees trees 06.29.22 BACKFLOW INTERIOR TREES AS NOTED LW Q ANDS HARDSCAPE PARKING SPACES 24/8 3trees 9trees AREAS. LANDSCAPE 14 DATE L-1.0 LIGHTING 6 8 - SUCH WAY ADWA NO 6 LIMIT DIRECT AYS MONTO ADMACENT ESS SED CAND LIGHT SOURCE E UCH A ONE TEP STE. MANNER THAT 6 E FOR POLE ENT FVE FOC JOUNTING DEKALB COUNTY LEVELS: LINE TABLE LINE BEA ARING DISTANCE N35'05'25" 138.59 - - - 40.27 E N6402 apo E 60 $8735'26" 29.17 E PO.C PO.E R a PKE L3 R - C - 12 E - SNe 0 GPA No - Be A 8 PAPOTEDES CRLSNT OK F 0.0 h * 6 K b.0 % & * SCN - A & - 2 - 9 - d .0 de M - A 3 - - 9 3 3 / 16 1 22 0 TA G Cp. S 26 Sy & & D O 4 A 6 - A dy & d6 % & A 6 - A 5 34 WA R 9 S à f * a B A W A N - S A 4 - <o & b.0 a 06.07 .22 AS NOTED LW ERIES a LIGHTING SCALE IN FEET C-5.0 3 9 a e 9 @ D o 6 & a 0 852 9 087 - 6 & f 576 2 - 2 6 e 5 CI - 0 9 - 259 9 027 o a s 3 c 4 $ io 3 9 Ny K 9 8 E 5 3 9 d 0 4 2 'ES - 6 9 A. : 6 0o - S W 9 0 9 2 5 * g 26 : a o * & 6 3 6 - 123 % 2 9 a 85 < - * 15 165 BEKNL B-RP DEKALB COUNTY ITEM NO. BOARD OF COMMISSIONERS HEARING TYPE ZONING AGENDA / MINUTES ACTION TYPE PUBLIC HEARING MEETING DATE: June 27, 2006 ORDINANCE SUBJECT: Rezone - Chung C. Chang COMMISSION DISTRICTS: 4. & 6 DEPARTMENT: Planning PUBLIC HEARING: YES D NO ATTACHMENT: / YES D No INFORMATION Patrick Ejike/Kevin Hunter CONTACT: PAGES: 19 PHONE NUMBER: (404)371-2155 Deferred from 5/23/06 for a public hearing. PURPOSE: Z-06-1241 Application of Chung C. Chang to rezone property from M to C-1. The property is located on the southeast corner ofLawrenceville Highway and Jordan Lane. The property has approximately 178 feet of frontage on Lawrenceville Highway and approximately 260 feet of frontage on Jordan Lane and contains 1.27 acres. Subject Property: 18-063 RLECOMMENDATIONS: PLANNNG DEPARTMENT: APPROVAL. Based on the submitted information as well as field investigation of the project site, it appears that the proposed zoning amendment meets the minimum requirements of the zoning ordinance for approval ofthe zoning proposal. It should be noted that the submitted site plan depicts building setbacks that do not meet building requirements ofthe zoning ordinance. Therefore, approval cannot be conditioned on the submitted site plan. In any event, iti is the recommendation ofthe Planning and Development Department that this application be Approved". PLANNING COMMISSION: Denial. COMMUNITY COUNCIL: Other (No Quorum) Page 2 FOR USE BY COMMISSION OFFICE/CLERK ONLY ACTION: H21 MOTION was made by Commissioner Gannon, seconded by Commissioner Ellis, and passed 5-0-0-1, to approve with conditions and site plan submitted by Commissioner Gannon for the record, the rezoning application of Chung C. Chang. Commissioner Johnson was out of the room and not voting. JUN 2 7 2006 JUN 27 2006 ADOPTED: CERTIFIED; - (DATE) V K Bnk T PRESIDING OFFICER CLERK, DEKALB COUNTY BOARD OF COMMISSIONERS DEKALB COUNTY BOARD OF ÇOMMISSIONERS FOR USE BY CHIEF EXECUTIVE OFFICER ONLY JUL 05 2005 APPROVED: VETOED: Vnrony Soxey CHIEF EXECUTIVE OVFICER CHIEF EXECUTIVE OFFICER DEKALB COUNTY DEKALB COUNTY VETO STATEMENT ATTACHED: MINUTES: Charles Chang, 11020 Black Brook Drive, Duluth, Ga. 30097 and Wanda Moore, 23 Hampton Street, McDonough, Ga. 30252, spoke in support of the application. No one spoke in opposition of the application. FOR AGAINST ABSTAIN ABSENT DISTRICT 1 - ELAINE BOYER X DISTRICT 2 - GALE WALLDORFF X DISTRICT 3 - LARRY JOHNSON X DISTRICT 4 - BURRELL ELLIS X DISTRICT 6 - KATHIE GANNON X DISTRICT 7 - CONNIE STOKES X Z-06-1241 AEMp Chang/Ali M -C1 District 4 - 6 lo: MR. OIN OROA TEMNO. 270 Approve with conditions: Ceg CLERK'S OFFICF! h me de 1. Conditioned tgoffice and,retail uses only. 2. No drive-thru restaurants or liquor/package stores. 3. Building to be set back in line with adjacent property 4. Parking lot to include as many trees as code allows. 5. Use existing curb cut on Lawrenceville Highway for ingress and egress and close access on Jordan Lane. D:90 6/13106 - Pibu pbot S ye Fai MR Chg Th Rve Ke Conditiok poposel Mr Alilo fere be youg A o C-1 OA Il Mo - - June 27* Ploue B7 9 MR - - - know / 44 fath Commpkinuch SAVibN 04-, 37/- 4904 40 BETORE ()Copyrigit2003 Pictometry International Z-06- -124/ LAWRENCEVILLE HWY U.S. HWY's 29&78 GA S.R.8 y N35A29E 138.61 - $ B H M # C - I-I - I a & 1 a à * : a a a * - C $ * $36'10'20w 220.94' . 3 SITE PLAN ALI BUILDING CUSTOM DESICN * DEVELOPMENT CORPORATION ae M TL m 1 42'-6: 32'-6: 23-0: a k G.F. - - R a ms mm A1