In October 2018, Johns Creek received a request to rezone 4.42-acres at 11354 Technology Circle from Industrial Park District to Townhouse Residential District to develop a 39-unit townhome subdivision with 8.8 units/acre.
In January 2019, the request was amended and modified the proposal to 37 townhome units with 8.37 units/acre. The request was denied by the city council on March 25, 2019.
Following that decision, Edge City Properties, Inc. and the property owner, David Chymiak filed a lawsuit in Fulton County Superior Court against the city.
Fulton County ruled that the current zoning district is “unconstitutional, null and void,” and remanded the case to the city for reconsideration. The city appealed to the Supreme Court of Georgia, but that failed as well.
Accepting denial of the appeal, the Johns Creek Community Development Department met with the applicant to produce a final set of conditions for consideration by the city council. The final conditions effectively reduce the overall density 31 townhomes with 7 units per acre and requires 10% of the site to be reserved for open space. The approved zoning change requires the townhome community maintain all required setbacks and buffers and requires that units fronting Technology Circle face the road.
About the Author