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Council approves settlement rezoning for Day Building site to allow 61 townhomes, limits rentals to 15%
Summary
Following settlement discussions tied to pending litigation, council approved rezoning the Day Building site at 4725 Peachtree Corners Circle for 61 townhomes, with a recorded covenant limiting rentals to 15% and several variances and access conditions.
Peachtree Corners City Council approved a rezoning tied to a mutual settlement agreement that will convert the Day Building site at 4725 Peachtree Corners Circle from industrial (M1) to residential townhome (RTH) for 61 townhomes. The approval implements terms negotiated as part of ongoing litigation and includes a recorded restrictive covenant limiting concurrent rentals to 15% of the units.
City Attorney (name not specified in the transcript) explained that the rezoning follows a settlement negotiated after an earlier denial of a mixed‑use MUD proposal; the settlement reduced proposed units from roughly 200+ rental apartments to a for‑sale townhome plan of 61 units and included terms to cap rentals at 15% via recorded covenant. The city attorney emphasized that the settlement does not bind council’s independent vote.
Staff presented the site plan and recommended approval with conditions, including four concurrent variances (stream buffer encroachments and reduced front/side setbacks), substantial conformity to the submitted plan and elevations, driveway standards, and a required deceleration lane at Peachtree Corners Circle. Staff also allowed flexibility for at least 19 units to be rear loaded while permitting additional basement/front‑loaded units if topography and final engineering support that change.
Kathy Sickert, attorney for the applicant, and William (Billy) Stark (representing the owner) described the proposal as a substantial reduction from the previously proposed multifamily project. Stark said units will range from about 2,000 to 2,600 square feet, typically three bedrooms (many with four bedrooms), and price points in the mid‑to‑high $600,000s. He said active amenities will be limited by the small community scale, but the plan includes passive open space, pocket parks, a dog park and sidewalk connections to the city’s trail network.
Public commenters who spoke in support cited reuse of a deteriorating office building and potential economic benefits to nearby retail and the Forum. No opposition speakers offered a sustained case in the public hearing.
Council approved the rezoning and associated conditions. The council also noted a judge’s remand order in the litigation that allowed the matter to return to council and recorded that the remand would expire April 9, 2025 if no action were taken.
