On Tuesday July 13th at 6 pm, the Dunwoody Planning Commission will be hearing a rezoning case for the segment of the Dunwoody Village that was not rezoned last year. Council pulled these properties from a larger rezoning after the City and the individual council members were each sued in our individual capacity by the owner. The City and the owners have been negotiating for the rezoning to continue and it appears that that those two parties have come to an agreement as outlined in this matter but are the terms of proposed future development in the best interest of all involved?
The Planning Commission will hold hearings on Tuesday, the Dunwoody Homeowners Association will be discussing this on Sunday Night live at the City Annex Building 4470 N Shallowford at 7:30 pm and it is usually also available at the same time streaming on Facebook but as I know this matter will come in front of City Council once again, therefore I (and the rest of Council) will be in listening mode until after the matter is officially brought to Council and formal public City Council hearings are held.
The same restrictions of making judgements or statements about the rezoning are also in place for Planning Commission Members to not discuss the matter until which time their body holds hearings.
Tuesday Planning Commission Agenda
Tuesday Planning Commission Packet
Just the rezoning documents from the Packet - most of which is listed below.
On November 30, 2020, the City Council adopted the new zoning code for the Dunwoody Village. As part of the code overhaul, the City comprehensively rezoned properties in the Dunwoody Village area to four new Dunwoody Village zoning districts. The two subject parcels were initially part of that process; however, the City Council removed both after objections by the property owners. This rezoning case will complete the Dunwoody Village comprehensive zoning project and implement the zoning component of the Dunwoody Village Master Plan.
The parcel at 5500 Chamblee Dunwoody Rd. is currently zoned C-1 and is developed with the Shops of Dunwoody shopping center, including businesses such as Nai Thai Cuisine, Dunwoody Tavern, and Taqueria Los Hermanos. The parcel at 1244 is zoned C-1 and is developed with a small two-story commercial building and the Sunshine Carwash facility. Both lots front towards the Dunwoody Village district and are separated by an approximately 150- to 200-foot buffer towards a single-family residential neighborhood to the west.
The main issue of contention was the 130-foot undisturbed buffer plus 20-foot required transition yard along the western property line and adjacent to the Dunwoody West subdivision. The property owners contested that the buffer would amount to a taking. At the time of development in the 1970s, the developer negotiated a 150-foot buffer with the neighbors to the West. This private agreement expired since. The staff also conducted an extensive search for zoning conditions. The files transferred by DeKalb County at the time of the City’s incorporation appear incomplete, and additional open records requests to the County did not provide additional documents. Based on an initial review, the staff cannot find evidence of any zoning conditions requiring a 150-foot buffer.
Since then, the staff has continued negotiations with the property owners of the two subject parcels to complete the Dunwoody Village district-wide zoning project. The proposed agreement rezones the subject properties to the DV-4 (Village Center) district. Along the western property line of the two parcels, a 35-foot buffer adjacent to the property line is followed by a 115-foot required open space.
Under the initial draft regulations, the parcel at 1244 Dunwoody Village Parkway was zoned DV-1 (Village Commercial), while 5500 Chamblee Dunwoody Road was split-zoned along a future north-south street with the part fronting Chamblee Dunwoody Road zoned DV-4 (Village Center) and the part to the rear zoned DV-1 (Village Commercial). Under the current proposal, the entirety would be zoned DV-4. The DV-4 district is intended as the core of the Dunwoody Village area and provides a mix of uses, centralized open spaces, and highly walkable development patterns at the highest intensity level of the four Dunwoody Village districts. When compared with the DV-1 district, the permitted uses are fairly similar, while the DV-4 district allows an additional story and higher impervious cover (see below table for comparison).
The heart of the agreement is to shift future development density from the western part of the properties, adjacent to the neighborhood, towards the center of the Dunwoody Village district. The property owner agrees not to construct any buildings within 150 feet of the neighborhood, while being granted the additional development potential that comes with the DV-4 zoning. While there are no current development plans, the staff believes that this agreement allows for sufficient development rights to achieve the goals of the Dunwoody Village Master Plan, while reducing impacts on the residential neighborhood.The combined 35-foot undisturbed buffer and 115-foot open space exceeds the zoning standards for comparable new construction. Adjacent to a single-family residential subdivision, development in the current C-1-district (Local Commercial) would have to provide a TY2 transition yard that is 10 feet deep. Should the property remain in its current C-1 District, a new retail building could be built within 30 feet of the residential properties and a loading area could be within 10 feet of the residential properties.
Based on the above analysis and findings staff has determined that the requested zoning map amendment meets the requirements of Sec. 27-335 of the Zoning Ordinance; therefore, staff recommends APPROVAL of the rezoning from the current C-1 (Local Commercial) District and Dunwoody Village Overlay District to the DV-4 (Village Center) District.
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