SUBSTITUTE
Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 4 Super District 6
Application of Karimshah, Inc. c/o Battle Law, P.C. for a Major Modification of zoning conditions pursuant to CZ-06-1241 to allow an automobile wash service (car wash) in the C-1 (Local Commercial) zoning district, at 1849 Lawrenceville Highway.
Body
PETITION NO: N3-2025-0962 CZ-25-1247634
PROPOSED USE: Automobile wash service (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 Major Modification of zoning conditions pursuant to CZ-06-1241 to allow an automobile wash service (car wash) in the C-1 (Local Commercial) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: Deferral.
PLANNING COMMISSION: (Sept. 9. 2025) Denial.
PLANNING STAFF: (September 2025) Denial.
STAFF RECOMMENDATION: Approval with Conditions_11.10.2025
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, Karimshah, Inc. c/o Battle Law, P.C., proposes developing the site with a drive-through automobile wash service (car wash). 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, would constitute a major change to the conditions of CZ-06-1241, as defined in Section 27-7.3.10. of the Zoning Ordinance. A Major Modification to alter, replace, and/or eliminate the conditions of CZ-06-1241 would first be required, necessitating a public hearing for the proposed car wash use. The proposed car wash also falls under the definition of a drive-through facility. 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 (SLUP-25-1247632) has been submitted by the applicant and is expected to be heard concurrently with this request, though each are subject to the individual criteria for determining a Major Modification and SLUP in Divisions 27-7.3. and 27- 7.4., respectively. 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 originally proposed use, an automobile wash service, appears to stand directly in conflict with these stated goals (Section 27-7.3.5. (A). 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, multifamily 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 use of a car wash does not appear to suitable with or support potential development patterns (Section 27-7.3.5. (B)). Approval of the original Major Modification 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). This notwithstanding, Staff is supportive of a modification request to eliminate the conditions of CZ-06-1241 and replace them with new conditions that may be more flexible to prospective developers in the future, while still aligning with the goals and intents of the TC Character Area and Medline LCI Plan. In light of this, the Planning and Sustainability Department recommends “Approval with Conditions”.
PLANNING COMMISSION VOTE: (September 9, 2025) Denial 6-1-1. Commissioner Osler moved, Commissioner Costello 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 7-0-1.