Politics & Government

A Timeline Look at the Mosque Issue

A meeting-by-meeting look back at the Dar-E-Abbas rezoning proposal.

For two years, the City of Lilburn and a local mosque, Dar-E-Abbas, have squared off in City Council and Planning Commission meetings.

With the issue — the mosque's request for rezoning so that it can expand its facilities — in front of the City Council tonight, here's a meeting-by-meeting look at what transpired in open forums.

The information below is based on the minutes from these meetings available on the city's website.

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Nov. 9, 2009: Dar-E-Abbas’ request for rezoning and a Special Use Permit is on the City Council agenda, with a recommendation (approved) that a public hearing be rescheduled for Nov. 18 at the Gwinnett Justice and Administration Building, following a Nov. 12 public hearing in front of the city Planning Commission.

Nov. 12, 2009: At GJAC, the Planning Commission recommended denial of Dar-E-Abbas’s rezoning request to expand on 7.99 acres at Lawrenceville Highway and Hood Road. The application asked for rezoning from C-1 (neighborhood business district) and R-100 (single-family residential) to RA-200 (agriculture-residence district) and an accompanying special-use permit to allow a church and cemetery.

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The plan, included the purchases of adjoining land (Mayor Diana Preston and her husband Lawrence owned part of this land; she has recused herself from all proceedings from this point on), would include a gymnasium, cemetery and a 20,000 square-foot building. During the hearing, Ray Pritchett, who owns part of the land the mosque is wanting to purchase, said he has not had any problems with the mosque and that they seem to be good people. Among the opponents, local resident Steve Wilson called the proposal “obtuse” and that he has never seen a new cemetery put into a residential area. Other expressed concerns over various impacts on the residences on Hood Road.

Nov. 18, 2009: The Dar-E-Abbas request is the subject of a special-called City Council meeting at GJAC. Several opponents, such as Allan Owen, a resident of Hood Road, told the Council that this is a land-use issue and not a cultural or religious issue. Other dissenting views pointed out water drainage issues, the impact of a cemetery so close to residences, traffic congestion, home values and a history of code violations of the existing property. Wasi Zaidi, speaking in favor of the request, said that there are more than 90 families of the mosque who live within 10 miles. He said the mosque is growing and wants a beautiful building. Mosque attorney Doug Dillard said denying the application is discrimination. Based on nine objections to the application,  including parking, water runoff, traffic, noise, safety, support for existing neighborhoods, cemetery and “small-town feel” of Lilburn, the Council voted 4-0 to deny.

Dec. 14, 2009: During the public comment portion of the regular monthly Council meeting, several resident turned out to commend the city on its Dar-E-Abbas decision.

April 29, 2010: The topic of discussion of a special called City Council meeting is Dar-E-Abbas v. City of Lilburn, according to the published agenda. City attorney Dick Carothers told the council that the purpose of the meeting pertains to pending litigation. The Council goes into executive session and the meeting was closed. Neither side has commented on the specifics of the lawsuit since.

Oct. 28, 2010: The City Planning Commission took up proposed amendments to the 1985 Zoning Resolution, that would open the door for Dar-E-Abbas to construct a cemetery on Harbins Road. Attorney Laurel Henderson, representing the city, explained that the proposed amendment was part of a resolution to settle the pending Dar-E-Abbas litigation. Based on legal counsel, according to the meeting's minutes, a motion is made to vote in favor of the proposal. The vote is unanimous in favor.

Nov. 8, 2010: The proposed amendment, which “adds new cemeteries to the permitted uses within the R-ID Single-family Residential Infill District," is taken up at the regular monthly City Council meeting. City attorney Laurel Henderson said existing ordinances allowed new cemeteries only in agricultural areas and “Lilburn has no remaining land of agricultural character.” The amendment would allow cemeteries in areas deemed suitable in keeping with the city comprehensive plan. Henderson said, according to the minutes of the meeting, that “This ordinance does not resolve the litigation [with Dar-E-Abbas], but has the potential to remove a sticking point.” During the public comment portion, opposition was apparent. Resident Mike Smith said he was concerned that the Council did not communicate the issue to the public. He said the mosque attorney “had an issue to push and evidently he got it pushed.” Another resident, John Cook, asked for more information and said he is concerned by what he views as “sheer arrogance” of the Council. Angel Alonso, a vocal opponent, disagreed with the contention that the mosque has no other cemetery options. The motion passed with three votes. A recess was called to allow the room to clear.

Nov. 22, 2010: The City holds a proposal presentation to inform residents about a new proposal from Dar-E-Abbas that could end litigation.

Dec. 6, 2010: The Lilburn Planning Commission held a for rezoning to expand its mosque. The new plan is about half of the original request (from 7.99 to 4.05 acres) and removes a gymnasium and cemetery. The rezoning request is from C-1 (neighborhood business) and R-100 (single family residential) to C-1. The revised plan is a proposal in an effort to settle pending litigation, City Planner Alex Mitchem tells the Commission. The plan includes a 20,000-square-foot mosque and 200 parking spaces. The Planning Commission recommends denial based on several problems it has with the site plan, including buffer zones, curb cuts and stormwater management.

Dec. 13, 2010: . Sydney Jamshed said the mosque “is a place of worship, not a business” and that it “never wanted to upset the residents of Lilburn, they are now part of the Lilburn community and are not leaving.” Bill Scott, who works for the Presbyterian Church of America in Muslim/Christian relations, “offered his services to both sides for learning how to live together.” Opponent Angel Alonso said, “No one here is saying they can’t practice their religion. This is about a zoning issue.” Mosque attorney Doug Dillard said, “The applicant has made significant strides to reach a compromise. They have no desire to continue to go to court.” Before the Council voted 2-2 (which did not overturn the previous denial), Councilman Eddie Price asked the opponents if they knew that this was not the final say on the issue and that the ultimate decision may be made by a judge. Price and Johnny Crist voted to deny; Scott Batterton and Tim Dunn voted to approve.

Aug. 8, 2011: Knowing that an Aug. 16 special called hearing was scheduled to consider another updated proposal by Dar-E-Abbas, several opponents to the issue showed up at the regular Council meeting expecting to voice their opinions during the usual public comment portion of the meeting. . Instead, city staff members stayed after the meeting and were confronted by residents.

Aug. 16, 2011: to consider the latest rezoning proposal from Dar-E-Abbas. In announcing the meeting, the city said, “Based upon recent developments in the federal litigation with Dar-E-Abbas, and upon advice of legal counsel, the City of Lilburn has determined to reconsider the rezoning application of Dar-E-Abbas, as was generally proposed in December of 2010.” .


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