Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 04 Super District 06
Application of Karimshah, Inc. c/o Battle Law, P.C. for a Special Land Use Permit (SLUP) to allow a drive-through facility (car wash) in the C-1 (Local Commercial) zoning district, at 1849 Lawrenceville Highway.
Body
PETITION NO: N4-2025-0963 SLUP-25-1247632
PROPOSED USE: Drive-through facility (car wash).
LOCATION: 1849 Lawrenceville Highway, Decatur, Georgia 30033
PARCEL NO. : 18 063 03 027
INFO. CONTACT: Adam Chappell, Sr. Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Karimshah, Inc. c/o Battle Law, P.C. for a Special Land Use Permit (SLUP) to allow a drive-through facility (car wash) in the C-1 (Local Commercial) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: Deferral.
PLANNING COMMISSION: (Sept. 9, 2025) Denial.
PLANNING STAFF: Denial.
STAFF ANALYSIS: The subject property consists of approximately 1.26 acres that had most recently been used for automobile sales. In 2006, the property was conditionally rezoned from the M (Light Industrial) Zoning District to the C-1 (Local Commercial) Zoning District as a result of CZ-06-1241. The applicant proposes developing the site with a drive-through automobile wash service (car wash). All drive-through facilities in Character Areas designated as Activity Centers per the DeKalb County 2050 Unified Plan require a Special Land Use Permit (SLUP). The subject property is located within a Town Center (TC) Character Area; thus, a SLUP for the proposal as per the submitted site plan is required. A companion application for a Major Modification of conditions to CZ-06-1241 has been submitted by the applicant (CZ- 25-1237634) and is expected to be heard concurrently with this application. Car washes are normally a permitted use by-right in the C-1 Zoning District; however, the conditions of CZ-06-1241 were site plan-specific and limited the uses on-site to general office and retail uses. The change in use, while normally permitted, constitutes a major change to the conditions of CZ-06-1241, as defined in Section 27-7.3.10. of the Zoning Ordinance. The intent of the Town Center (TC) Character Area, as defined in the DeKalb County 2050 Unified Plan, is “to promote the concentration of higher intensity residential and commercial uses, which serve several communities surrounding the center, in order to reduce automobile travel, promote walkability and increased transit usage” (DeKalb County 2050 Unified Plan, page 35). The proposed use, a drive-through automobile wash service, stands directly in conflict with these stated goals (Section 27-7.4.6. (H). In addition to being within a TC Character Area, the subject property is located within the “Core Area” of the Medline Livable Centers Initiative (LCI) (see attached). This core area is described as the largest and most central portion of the Medline LCI and is intended to become “a mix of high intensity office, medical services, multi-family residential and retail uses. Retail should be incorporated within mixed use buildings and developments”. Notably, the Medline LCI Plan states that in the “Core Area”, “single-use, stand-alone retail is discouraged.” The property is located near the intersection of Lawrenceville Highway, a major arterial, and two (2) minor arterials (DeKalb Industrial Way and Church Street). At the time of this analysis, much of this corridor has yet to have been substantially redeveloped. Within the last ten years, however, there has been a significant northbound precedent of successful higher density, mixed-use developments emanating from the intersections of Scott Boulevard and Church Street (which extend south from Lawrenceville Highway) with North Decatur Road. Considering the subject property’s proximity to the intersection of Lawrenceville Highway, Church Street, and DeKalb Industrial Way, the proposed drive-through does not appear to be suitable with or support trending development patterns, nor is it necessarily consistent with the needs of the neighborhood or surrounding communities as whole (Section 27-7.4.6. (N). There are also several site plan deficiencies with the proposal. The proposed dumpster is considered to be an accessory structure. Section 27-4.2.2. of the Zoning Ordinance requires that accessory structures be located in the rear yard in reference to a primary structure; the proposed dumpster as currently depicted would require a variance from the Zoning Board of Appeals. There are also concerns that the location of the dumpster may not be sufficient to provide adequate maneuverability for sanitation vehicles without backing into drive-through or access lanes for vehicles. Furthermore, there are concerns that the site may not provide sufficient access/egress for emergency vehicles (Section 27-7.4.6. (E) and (I)). The proposal does not appear to meet multiple criteria for access/egress and refuse collection. Moreover, Staff believes that approval of this Special Land Use Permit (SLUP) request may potentially set a precedent of allowing more traditional suburban uses in Character Areas that are intended to be higher-density mixed-use corridors, both negatively affecting desired urban form and potential economic viability (by virtue of reducing potential density and assortment of mixed uses), directly conflicting with and detracting from the goals and intents set forth in the Dekalb County 2050 Unified Plan. Therefore, based on review of Section 27-7.4.6. it is the recommendation of the Planning and Sustainability Department that this request for a Special Land Use Permit (SLUP) be “Denied”.
PLANNING COMMISSION VOTE: (September 9, 2025) Denial 6-1-1. Commissioner West moved, Commissioner Osler seconded for denial, per Staff recommendation. Commissioner Snipes opposed; Commissioner Cooper abstained; Commissioner Moore was not present for this vote.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: Deferral 8-0-0.