The Dunwoody City Council in a split 4-2 vote approved three special land use permits to allow a developer to build a restaurant and retail center in Dunwoody Village.
The March 13 vote gives the go-ahead for developer Jacob Lang to begin an environmental assessment on the less than one-acre piece of property at 5465 Chamblee-Dunwoody Road, where a full-service Chevron gas station and auto repair shop are currently located. If the environmental studies and cleanup are deemed affordable and safe, the developer will plan to start building within two years.
Lang has not stated publicly what businesses would be located at the site, but said Chipotle and Moe’s restaurants have showed interest in the past.
Questions about cross access from Chamblee-Dunwoody Road through the current gas station property and to the adjacent Dunwoody Village property have been raised by Regency Centers, owners of Dunwoody Village. Regency Centers argues the easements, dating back to 1970, were granted for “complimentary use” such as a gas station and shopping center, and not “competitive use” such as retail and retail.
Lang told the council at the March 13 meeting he believes he is on firm legal ground should Regency Centers decide to sue him concerning the easements.
“If Regency decides to sue … I feel very confident we will win,” Lang said. “Either they will sue or we will see if they were just pushing me around.” Lang has said he believes Regency Centers is using the easements argument to argue more parking is needed in Dunwoody Village.
No one from Regency Centers attended the March 13 meeting.
Lang plans to demolish the Chevron building and construct a new 8,735 square-foot building with a 2,503 square-foot restaurant and 6,232 square-feet of retail. The owner of the Chevron station property is seeking a bigger site for a new auto repair shop.
Voting in favor of approving the SLUPS were Mayor Denis Shortal and Councilmembers Doug Thompson, Pam Tallmadge and Terry Nall. Voting no were Councilmembers John Heneghan and Lynn Deutsch.
The most important SLUP allows for the property to have more parking spaces than allowed in the Dunwoody Village Overlay District, upping the number from 26 spaces to 36 spaces.