Published on April 27th, 2016 |0
NPU-B zoning vote virtually kills E. Shadowlawn high-rise at Peachtree
The action Tuesday night by the NPU-B committee apparently had nothing to do with plans announced last December by Wood Partners to replace the present Dan Martin Flowers and York Furs businesses on Peachtree Road and the hair salon at 3150 Shadowlawn with the high-rise mixed-use project.
According to NPU-B Zoning chair Bill Murray, the present owner of the salon business on Shadowlawn simply was seeking the removal of conditions placed on the property when Trader Joe’s food market opened up next door and cut through a drive to Shadowlawn.
The owner’s attorney Steve Rothman pointed out the ordinance passed at that time prohibits the expansion of the size of the existing uses of the 3150 East Shadowlawn property without approval through the site plan amendment process.
The conditions were placed on that East Shadowlawn property when Trader Joe’s got approval for a driveway onto Shadowlawn. An underlying conditioning of the zoning variance for Trader Joe’s was that the property at 3150 East Shadowlawn would remain essentially the same as it was—a single-level structure.
Rothman’s argument was that these restrictions do not exist on any other piece of property along East Shadowlawn and therefore should be removed. But the NPU-B Zoning Committee disagreed
and voted to deny the application.
“Rothman argued all the owner wants to do is remove the restrictions,” Murray told BuckheadView. There apparently is no plans to redevelop the property as a single piece or in conjunction with other adjacent properties, Murray added. There apparently are no contracts on the property.
Those conditions placed on the 3150 East Shadowlawn property seem to be the total reason plans presented in early December by Wood Partners for 21 stories of apartments over retail on Peachtree Road, and dropping to 13 stories around the corner along East Shadowlawn Drive, are no longer a topic of discussion. When Special Public Interest District 9 regulations were put in place, all underlying zoning conditions were retained with the properties, which was not the case with SPI-12 north of Piedmont Road.
Without being able to get a zoning change on 3150 East Shadowlawn, any development would be restricted to only the two properties where Dan Martin Flowers has been for 38 years and where York Furs is located. That is not likely to be economically feasible.
Without getting the rezoning of the property at 3150 East Shadowlawn, the Wood Partners project would have to be downsized dramatically and all of the parking would have to placed under the apartments and retail with an entrance on Peachtree Road.
In other developments at the April 26 meetings of the NPU’s Development & Transportation and Zoning committees, developer Direct Properties and its principal Ubi Perez were denied a change in the city’s Comprehensive Development Plan on properties at Alpine Road at its intersection with Piedmont Road, which led to deferral on applications for a variance on 2761 Alpine and a rezoning of the property at 2748 Alpine.
After the D&T Committee voted to deny the request for a change to the CDP to allow for the development of a six townhome development on the two properties, the Zoning committee urged Perez to seek deferral on the variance and rezoning matters.
Direct Properties is seeking a variance to erect a 8-foot concrete privacy wall within the front yard setback along Piedmont Road where only a 4-foot, 50-percent open fence is allowed.
Direct Properties also seeks to rezone the property from R-4 to MR-3 to build the development of six townhomes, which will average about 2,500 square feet with two-car garages.
Zoning chair Murray said the developer said he had not had time to discuss the development plans thoroughly with the Garden Hills neighborhood and other surrounding neighborhoods. The deferral until next month’s meeting gives him time to do that.
Murray said the development cannot be built without securing a change in the CDP. “The issue could be resurrected or the developer could change his plans,” Murray explained.