PROJECT UPDATE FROM LIZ COYLE!!

I just wanted to give y'all a brief update on the status of the Opus development at Piedmont and Cheshire Bridge. First, as some of you may have heard, Alliance and Opus parted ways a few months ago. Opus is now the sole developer for the site. Due to economic conditions, Opus has been taking a look at their projects nationally, including the one here, for their viability in the current market. Opus has decided to move forward with the Piedmont/Cheshire Bridge project as planned. And per the rezoning requirements, they will be following the conditions we negotiated.

Jeff Royce is the new project manager for Opus South. I spoke with him a few days ago. They are still on schedule to close on the property as planned by the end of this year. They anticipate beginning construction in the first quarter of next year. The construction timing is somewhat tied to their ability to get favorable financing, but as of late last week, Jeff was feeling good about the terms they could get. He and I will be staying in touch and will schedule a meeting with the neighborhood group as we get closer to construction.

I understand the current property owner has given tenants until the end of October to vacate. He would be responsible for maintaining the property and keeping vagrants away until closing with Opus. Jeff has already assured me Opus will take immediate responsibility in that regard once they own the property.

TO THE ZRB NOW......

Having been voted on and approved by NPU-F, Opus' rezoning proposal now will be heard by the Atlanta Zoning Review Board on Thursday, February 14, 6:00 PM in the City Council Chambers at City Hall, second floor.

The conditions negotiated with the developers and approved by residents of NPU-F are as follows:


PROPOSED CONDITIONS FOR REZONING AND REDEVELOPMENT OF ROCK SPRINGS PLAZA AT PIEDMONT AND CHESHIRE BRIDGE


1. The portion of the property that is currently zoned C-2 shall be rezoned MRC-2-C and developed according to the standards therein and generally in accordance with the conceptual site plan entitled “1845 Piedmont Road, Atlanta, Georgia, Site Plan”, prepared by Lord, Aeck & Sargent Architecture, dated January 21, 2008.

2. The chairperson of NPU-F shall be notified at the time of any submission for a Special Administrative Permit on the property.

3. The portion of the property that is currently zoned NC-5 shall not be rezoned in conjunction with the proposed development and shall be developed in accordance with the NC- 5 zoning standards (as required by the City of Atlanta Zoning Ordinance).

4. The portion of the property that is currently zoned R-4 as shown on the official City of Atlanta zoning map (the “R-4 Property”) shall be rezoned to MRC-2-C and restricted to use as greenspace through a permanent conservation easement in favor of the City of Atlanta or other qualified entity; or, in the event the City of Atlanta or other qualified entity will not accept the permanent conservation easement, through a deed restriction or negative easement provided, however, that the developer may use the R-4 Property as if it were part of the overall tract for calculations with regard to ordinances of the City of Atlanta and for the following activities:

5. Temporary construction access within the first twenty feet (20’) of such property abutting the development after which the area will be relandscaped; and

6. Construction of subsurface utilities and utilities required by the City of Atlanta Department of Watershed Management. The Developer shall use every effort to ensure that Best Management Practices are utilized in regard to any such disturbance.

7. Further access to that portion of the property transferred to the City of Atlanta or other qualified entity, as described above, shall be at the discretion of the receiving party in consultation with the Morningside-Lenox Park Neighborhood Association, the Piedmont Heights Neighborhood Association and the Lindridge-Martin Manor Neighborhood Association.

8. In the event that a suitable entity willing to accept the dedication of the subject property cannot be identified, deed restrictions will be developed accomplishing this purpose and recorded prior to the issuance of any building permits for this project.

9. The existing 15-ft. wide ingress/egress easement through the property at 1870 Windemere shall be released by the developer within 30 days after the issuance of a building permit for the first phase of development on the property.

10. Subject to approval of the City of Atlanta, the developer shall make the following traffic improvements:

-Eliminate 5 existing curb cuts on Piedmont Road and 1 existing curb cut on Cheshire Bridge Road. Full access rights at the existing access points shall be legally rescinded;

-A maximum of two site driveways are permitted for site access;

-No site access is permitted within 200 feet from the northern-most property line on Cheshire Bridge Road;

-Preserve the necessary right-of-way along property frontage to maintain a 60-foot-paved width on Piedmont Road as shown on revised plan;

-Allow for inter-parcel access from adjacent property to the south;

-Provide bicycle racks in parking garage or building entrances (as required per the City of Atlanta Zoning Ordinance);

-Traffic signal at the intersection of Piedmont Road and the primary site access;

-The following improvements are required on and adjacent to non-state routes;

-Piedmont Avenue @ Driveway #2 – Construct separate right- and left-turn lanes exiting the site; and

-All signalized study intersections – retiming of signal splits and offsets.

11. All of the above listed improvements shall be undertaken by the developer without regard to whether or not they may be individually required under the provisions of the City of Atlanta Zoning Ordinance or other provisions of the Atlanta Code of Ordinances. Further, the developer will actively support any request made by the adjacent neighborhoods to the City of Atlanta to dedicate transportation impact fees paid by this developer for this project to the funding of these improvements and any other subsequently identified traffic improvement projects in the immediate vicinity of this development.

12. The property shall be developed in accordance with the City of Atlanta Tree Protection Ordinance. A tree save plan for the R-4 Property will be in place and approved by the City Arborist prior to the issuance of any building or demolition permits for this project. The intent of this condition is to minimize construction impact on the property currently zoned R-4. The developer shall work with the chair of the Tree Committee of NPU-F (currently Charlotte Gillis) in developing the final tree save plan.

13. Prior to the issuance of any development permits, a hydrology study shall be conducted that verifies that storm-water run-off will be detained on-site at a rate of 110% of existing conditions. Said hydrology study shall further verify compliance with all other requirements of the City of Atlanta and the State of Georgia related to storm-water retention and detention.

14. All lighting on the rear of the development shall be designed so as to reduce, to the extent reasonably possible, light spillage or glare onto adjoining single-family properties. Light fixtures shall be “WideLite, EWL Series, EFFEX Wall Luminaires” as described in WideLite Bulletin No. EWL-011508, or equal.

15. The rear (i.e. east) wall of the parking deck shall be constructed so as to conform to the elevation entitled “1845 Piedmont Road, Atlanta, Georgia, Elevation” prepared by Lord, Aeck & Sargent Architecture, dated January 21, 2008.

16. The parking deck shall be designed with an exterior screen or landscaping to partially screen the view from adjacent public streets and adjoining properties. The rear (i.e. east) wall of any parking deck structure shall be painted a neutral color.

17. From existing grade, building heights shall not exceed 65 ft. (5 structured levels) on Piedmont Road. Building heights in that location may be increased, not to exceed 75 feet, but only after approval (which will not be unreasonably withheld) of the Morningside Lenox Park, Piedmont Heights and Lindridge Martin Manor associations and NPU-F.

18. From existing grade, building heights shall not exceed 35 ft. (3 structured levels) along the rear (east side) of the project for the first 250 feet from the south property line.

19. The maximum number of residential units shall not exceed 300.

20. The maximum amount of retail or office space shall be 60,000 square feet. Of this square footage, no more than 20,000 square feet shall be permitted to obtain a license to sell alcoholic beverages for on-premises consumption and in no event shall any individual use with a license to sell alcoholic beverages for on-premises consumption exceed 8,000 square feet.

21. The following uses shall be prohibited: adult businesses, storage centers, automotive services, big box retail, drive-thru services, and digital industry switchboards, power generators and other relay equipment as a primary use. Dry cleaners, print shops and other businesses using solvents are permitted subject to the requirements of the applicable laws and regulations of EPA and Georgia EPD.

22. The developer shall seek LEED certification for this development.

23. All restaurant cooking ventilation will exit the structure through the roof at a point within 175 feet of the east right-of-way line of Piedmont Road and a noise buffering design will be utilized for such ventilation.

24. Hours of operation for retail establishments shall be limited from 7:00 a.m. to 11:00 p.m., other than those for restaurants or bars, which shall be limited to 6:30 a.m. to 12:30 a.m.

25. No billboards or signs shall be built on top of buildings. Mechanical equipment shall be located or screened so that it is not visible from the R-4 zoned lots fronting on Windemere Drive. Satellite dishes shall be located or screened so that they are not visible from the R-4 zoned lots fronting on Windemere Drive to the extent that such a restriction does not violate applicable Federal law.

26. A balanced mix of retail uses that support neighborhood needs shall be encouraged. Retail establishments of a regional draw shall be discouraged.

27. In accordance with applicable law, the site shall be treated for rodent infestation prior to demolition of the existing buildings.

28. Prior to obtaining a demolition permit, the developer shall have sufficient equity committed for development of the property or a development loan commitment.

29. The developer shall comply with the hours for construction imposed by the City of Atlanta Noise Ordinance.

30. Construction vehicles shall not drive or park on any single-family neighborhood street. Developer agrees not to seek permits from the City to allow construction vehicles to drive on single-family neighborhood streets. Signage shall be placed on the construction site informing employees and vendors of this restriction.

31. The developer shall provide, in consultation with the Windemere neighbors, a traffic calming plan for Windemere Drive. Furthermore, the developer shall provide, in consultation with the Piedmont Heights Civic Association, a traffic calming plan for impacted streets in Piedmont Heights that intersect with Piedmont Road from Cheshire Bridge to Montgomery Ferry. In addition, the developer shall support the request of the Morningside Lenox Park, Piedmont Heights and Lindridge Martin Manor neighborhoods and NPU-F to the City for dedication of an adequate portion of traffic impact fees paid as part of the development to such improvements.

32. The developer shall, at his sole expense, develop and implement landscaping plans, in consultation with the affected property owners, for the rear yards of those homes, facing Windemere Drive, whose rear yards abut, in whole or part, his property. The developer shall notify each affected neighbor of a landscape contractor to contact prior to issuance of a demolition permit.

33. The wall that is required between MRC and R-4 will be constructed as close to the rear of the building as City of Atlanta Fire Department regulations will permit, or in a reasonable location requested by consensus of Morningside Lenox Park, Piedmont Heights and Lindridge Martin Manor neighborhoods and NPU-F. Input for an alternate site will be sought by the developer from the neighborhoods prior to the issuance of a demolition permit and such consensus of the neighborhoods shall be provided to the developer within fourteen days of receipt of the request for input.

34. Prior to the issuance of a demolition permit, the developer shall provide the name and telephone number of a representative to be contacted in the event of questions or problems during construction to Morningside Lenox Park, Piedmont Heights, Lindridge Martin Manor and NPU-F.

35. In the event the City of Atlanta does not approve any of the above conditions, a separate and enforceable restrictive covenant in favor of the Morningside–Lenox Park Association (MLPA) and the Piedmont Heights Civic Association (PHCA), and the Lindridge Martin Manor Association (LMMA) shall be recorded that memorializes the omitted conditions.

NPU-F VOTES 22-12 TO APPROVE REZONING

Earlier tonight, NPU-F voted 22-12 to approve Opus Corporation's rezoning application for the redevelopment of Rock Springs Plaza, conditioned upon 29 specific conditions.

We will post a list of these conditions in the next day or so.

This rezoning application now moves to the Zoning Review Board which will hear the case on February 14.

REDESIGNED OPUS PROJECT TO BE PRESENTED TO NPU-F TONIGHT

(click above to enlarge)

Opus Corporation will present a redesigned project at tonight's NPU-F meeting, which will start at 7:00 PM at Hillside, 1301 Monroe Drive. Tonight's meeting will take place in the Gymnasium, which is toward the back of the property, to the left of the building in which the meetings are usually held. Overflow parking will be available on Courtenay Drive. Parking will be limited, so please walk or carpool if you can.

IMPORTANT: You must reside within NPU-F to be eligible to vote tonight and may be asked to provide some sort of proof of residency. Go the the NPU-F website here to see if you live within its borders if you plan on voting tonight.

Architect David Green has redesigned the parking deck to keep the height under the 35 foot limit set by the MLPA Board last Monday night. In fact, he has removed an entire level of parking. This is really good. He has also redesigned the residential structure at the south end of the project to keep within the 35 foot limit. Again, excellent progress on the design here. (The yellow area above shows the height of the previous design.)

While the residential part of the structure at the north end of the project remains about 60 feet high, that part of the structure has a much wider buffer between it and the Morningside neighborhood than the southern part. In looking over their site plan and designs, there just does not seem to be any practical way to make that structure any lower and build the number of residential units that will make the entire project economically feasible.

Our recommendation is to vote to approve this design with the conditions already agreed upon between the developer and the neighborhood as approved by the MLPA Board last Monday night and as further refined at the NPU-F meeting tonight.

TO BE CLEAR.....

Just wanted to write a note to clarify that the opinions expressed on this blog represent the opinions of those most affected by this development, residents of Windemere Drive and in particular homeowners adjacent to the proposed project. Our goal is simple: a development we can live with.

While this blog has worked hard to present the facts as accurately as possible, it has never been impartial as to the points of view expressed in reaction to those facts. We said at the beginning we would editorialize about this project, and we have done so. We have repeatedly told the developers we would correct any factual errors, and in fact, have posted their dissent to what we have written.

And, if you disagree with what we write, then either leave a comment or send us an email with your own dissent and we will post it.

This is an enormous project which will have a major impact on the Morningside neighborhood and will set a precedent for new developments in the area. It is accordingly very important that as many people as possible get involved in the process and in particular attend Monday night's NPU meeting to vote. We look forward to seeing you there.

THIS IS WHAT OPUS CORPORATION WANTS TO BUILD FACING WINDEMERE

(click to enlarge)

At the MLPA Board meeting last Monday night, Opus Corporation revealed for the first time a detailed drawing of what they want the Morningside/Windemere side of their project to look like.

As you can see in the image above, this massive structure, which is 54 feet tall at the south end, 60 feet tall at the north end and about 600 feet long, is obviously far too large and out of any sense of reasonable proportion for the neighborhood toward which it faces. The total area of that face of the building is about 33,000 square feet.

Last Monday, the MLPA board voted to limit the height of the structure to 35 feet.

If you live within NPU-F, you will have a chance to vote on this project this coming Monday night, January 21 at 7:30 PM at the Hill School Gymnasium, 1301 Monroe Drive.
Please come to that meeting and exercise your right to vote on this project.

MLPA BOARD OVERRULES ZONING COMMITTEE

Rock Springs Plaza ca. 1950


Last night the MLPA Board of Directors, with a vote of 11-0, approved the Opus Corporation rezoning application with conditions much more favorable to the Morningside neighborhood than the plan passed by the zoning committee last week, including a 35 foot limitation on the height of the proposed parking deck.

The motion that passes is as follows:

Z-07-103 - 1845 Piedmont Road.

After considerable discussion, the following motion was made and seconded: Motion to recommend approval of the rezoning request generally based on the 22 conditions outlined in the Developer's draft - with the following modifications:



1. The number of parking spaces will be reduced to allow for a reduction in the elevation of the back edge of the parking deck to bring the height adjacent to Windemere in line with the requests of the Windemere neighbors (35 feet above existing grade or as subsequently modified).

2. Providing more specificity related to the site plan.

3. Providing more specificity for paragraph 3 - either in terms of the entity that will be the grantee of the conservation easement or in the development of deed restrictions.

4. A tree save plan for the R-4 tract will be in place and the construction impact on the R-4 tract will be minimized.

5. The development and implementation of landscaping plans for the adjacent Windemere neighbors.

6. In the event the ZRB does not approve any of the conditions, a separate and enforceable agreement with the MLPA that enacts the conditions.

7. The wall that is required between MRC and R-4 will go at the back of the building.

NEIGHBORS SUBMIT PROPOSED REZONING CONDITIONS TO MLPA BOARD OF DIRECTORS

Earlier today, a group of Windemere neighborhood residents submitted their proposal of rezoning conditions to the MLPA Board of Directors for their consideration at tomorrow night's meeting. Since we can't figure out how to post a .pdf to the blog, the conditions are posted below. The paragraph numbers correspond to those contained in the developer's proposed conditions, which you can download by clicking here. Please email us at the address above if you would like them in .pdf format. Thanks.

PROPOSED CONDITIONS FOR REZONING AND REDEVELOPMENT OF ROCK SPRINGS PLAZA AT PIEDMONT AND CHESHIRE BRIDGE

-NEIGHBORHOOD PROPOSAL-


JANUARY 13, 2008


1. Same as developer’s proposal of January 11, 2008.

2. Same as developer’s proposal of January 11, 2008.

3. In keeping with the recommendation of the ARC, the portion of the property that is currently zoned R-4 and as more particularly shown on the attached zoning map (the R-4 property) shall be rezoned MRC-2-C and restricted to use as greenspace through a permanent conservation easement in favor of the City of Atlanta or other qualified entity; provided, however that the developer may use the R-4 property as if it were part of the overall tract for calculations with regard to ordinances of the City of Atlanta regarding the overall density of the proposed development. The property shall remain undisturbed in its current natural state and no trees, shrubs, undergrowth or plant material of any kind shall be removed, altered or destroyed.

All parties to this agreement agree that the state of the topography and vegetation of the R-4 tract will be the same (or more densely planted) at the end of construction as they are now. Accordingly, temporary construction access of such property and/or construction of subsurface utilities shall be permitted on a case by case basis by mutual agreement between the developers and property owners adjacent to the R-4 tract. Such agreement will not be unreasonably withheld provided that any such activity does not in any way alter water runoff patterns within the R-4 tract and that any trees and/or vegetation destroyed shall be restored to their original condition.

Further, access to that portion of the property transferred to the City of Atlanta or other qualified entity, as described above, shall be at the discretion of the receiving party in mutual agreement with property owners adjacent to the R-4 tract.

4. Same as developer’s proposal of January 11, 2008.

5. Same as developer’s proposal of January 11, 2008.

6. Same as developer’s proposal of January 11, 2008.

7. Same as developer’s proposal of January 11, 2008.

8. Same as developer’s proposal of January 11, 2008.

9. Same as developer’s proposal of January 11, 2008.

10. From the final grade, building heights shall not exceed 75 ft. (5 structured levels) on Piedmont road. No structure facing Windemere Drive shall exceed an elevation of 945 feet at the top of the structure (35 feet above the current elevation of 910 feet).

11. The maximum number of residential units shall not exceed 275.

12. Same as developer’s proposal of January 11, 2008.

13. Same as developer’s proposal of January 11, 2008.

14. Same as developer’s proposal of January 11, 2008.

15. Same as developer’s proposal of January 11, 2008.

16. Same as developer’s proposal of January 11, 2008.

17. Same as developer’s proposal of January 11, 2008.

18. Same as developer’s proposal of January 11, 2008.

19. Same as developer’s proposal of January 11, 2008.

20. Same as developer’s proposal of January 11, 2008.

21. Same as developer’s proposal of January 11, 2008.

22. Same as developer’s proposal of January 11, 2008.

23. The developer will provide and permanently maintain a permanent opaque wall no less than 10 feet in height at or near the current R-4/C-2 zoning line. Further, the developer agrees to provide and permanently maintain a row of 6 inch caliper Leland Cypress trees planted on 10 foot centers within 4 feet of the location of the permanent opaque wall.

OPUS PROPOSES NEW CONDITIONS

The developers have revised their proposed conditions in advance of tomorrow night's meeting of the MLPA Board of Directors. They are available here.

OPUS IS REALLY PROPOSING A 55 FOOT HIGH PARKING DECK FACING WINDEMERE

(click to enlarge)

The height of the parking deck has been an important issue of negotiation between the neighbors and the developers.

After analyzing the conditions contained the in the Opus Corporation's proposal approved by the MLPA Zoning Committee, it has become clear that the parking deck, which will face Windemere Drive, is slated to be 55 feet high, NOT 44 feet high as Architect David Green stated at the meeting and as he had been proposing for months. (A point of information: the neighborhood wants a deck no higher than 35 feet above current grade.) We did not discover this sooner because Opus only made these conditions known at 4:30 PM the day of the Zoning Committee meeting.

Section 10 of their conditions state that: "The parking deck at the rear of the property facing Windemere shall not exceed an elevation of 965 feet at the top of the structure.

Well, let's take a look at just what that means. On the image above, the red dot indicates the location of the southeastern-most corner of the parking garage, and the topographical line intersecting it indicates a height above sea level of 910 feet. Opus has proposed a parking deck topping out at 965 feet. This shows that, if their current proposal is approved, a parking deck covering an area of about an acre will soar 55 feet into the air facing Windemere. We feel this is far to massive, out of scale for the neighborhood, and will set a precedent for the construction of similar structures throughout Intown Atlanta.

The neighborhood has proposed that the parking deck be limited to a height of 35 feet in keeping with the new McMansion regulations recently passed by the City Council, since this structure will be seen from many, many points throughout the Morningside neighborhood.

Please urge MLPA board members to support a 35 foot parking deck height limitation on Monday night.

MLPA ZONING COMMITTEE APPROVES OPUS PROJECT OVER OBJECTIONS OF NEIGHBORS

In a disappointing and puzzling move, the MLPA Zoning Committee last night voted 7 to 5 to approve the rezoning application of Opus Corporation subject to a set of conditions presented by the developers. The project, as approved by the Zoning Committee, would allow the developers to do the following:

1. Rezone land currently zoned for single family homes (R-4) for commercial use (MRC-2).

2. Clear all underbrush in the R-4 tract.

3. Cut down all trees smaller than 6 inches in the R-4 tract.

4. Construct utilities, including underground sewer lines, retention basins, etc. within the R-4 tract, activities which could kill some remaining trees.

5. Regrade the first 50 feet of the R-4 tract for construction use, parking, etc.

6. Build a parking garage the size of a football field 44 feet in the air facing Windemere Drive.

7. Build residential structures 52 feet high facing Windemere Drive.

8. Build 300 units of housing.

9. Build 60,000 square feet of retail space.

In addition, the conditions (email me for a full copy) would require Opus to permanently restrict the potentially decimated R-4 tract as "greenspace", make some traffic improvements to Piedmont and Cheshire Bridge Roads and prohibit certain kinds of businesses.

But make no mistake about it, your zoning committee, who is supposed to be protecting the Morningside neighborhood, just voted to let Opus Corporation literally destroy part of it in spite of the vigorous objections of the adjacent property owners and other Morningside residents. In fact, not one person spoke up in support of the project as it was proposed. This committee voted to approve a deeply flawed plan that would have a profoundly negative affect on the neighborhood. We just don't understand it. This project is too big, too dense and is bad for the neighborhood.

Negotiations will continue between neighbors and Opus Corporation between now and when this plan is voted on by the full MLPA Board next Monday night, January 14 at Morningside Presbyterian Church at 7:30 PM in a last ditch attempt to come up something Morningside residents can live with.

Please plan to attend that meeting and let members of the MLPA Board know what you think.

OPUS SPEAKS!

Earlier today, we received a copy of an email that OPUS Corporation had sent out to Morningside and Lenox Park neighbors. Since the writers of this blog want to let all sides of this issue have their say, we have posted it below. (From the beginning, we have asked the developers to let us know if we posted anything factually inaccurate and are pleased they have responded.)

We stand by what we wrote in yesterday's post, and will provide documentation to anyone who requests it.

Anyhow, here is what Opus had to say:


MLPA Residents,

As the developer of the proposed development at 1845 Piedmont Road referenced above, I want to quickly address some misconceptions and misinformation outlined in the attached e-mail prior to this evenings MLPA land use meeting.

Our plan does propose a 44 foot high parking deck. This is the same height we have requested from day one. However, to minimize the impact to neighbors, in the time since our original proposal, Opus has agreed to permanently preserve nearly two acres of land to act as a visual buffer for the Windermere Neighbor's. Additionally, we have agreed to the following zoning condition;

"Parking decks shall be designed with an exterior screen or landscaping to partially screen the view from adjacent public streets and adjoining properties. No parking deck shall be taller than the building(s) to which it is adjacent".

The discrepancy between what the Neighborhood has proposed (35 Feet) and our requested height (44 feet) is only 9 feet or 26%; no where near the 50% claimed in the attached e-mail. We are requesting 44 feet so that the project will be sufficiently parked. If enough spaces are not provided, then parking may overflow to surrounding streets and properties. Furthermore, the dedication of 2 acres of land at the rear of the property the amplified the need for adequate height to accommodate the required parking.


Secondly, the latest zoning conditions provide for the land currently zoned R-4 to be permanently preserved through a conservation easement. We have proposed that this area be improved to create a useable green space for all Morningside residents. The assertion that our proposal requests "cutting down underbrush and all trees under 10 inches in the R-4 forest to allow people living in their project to use the land for recreational purposes" is entirely untrue. This space will be permanently preserved and available for the entire community.


Opus has made every effort to mitigate the impact of this development on the surrounding neighborhoods. Opus has agreed to perform significant traffic improvements to the Piedmont corridor. Additionally, Opus has agreed to cut the density of the proposed project by 20% and has agreed to 21 zoning conditions proposed by the neighborhood. Opus is eternally conserving approximately 2 acres of Urban Forest and is; at its sole cost and expense, dedicating and creating a public space for the denizens of the MLPA.

Please come to tonight’s meeting and feel free to ask me directly about our development plan to be certain that you have up to date and accurate information.

Thank you for your time and attention to this matter.



Michael Dougherty

Opus South Corporation

MEETING TOMORROW NIGHT !!

Please plan to attend the Morningside Lenox Park Association Zoning Committee meeting tomorrow night, Tuesday, January 8, at 7:30 pm at Morningside Presbyterian Church, 1411 N. Morningside Drive.

The Opus/Morningside project will be discussed and voted on by the committee at this meeting.

Negotiations with the developer have not been fruitful since the meeting in December. In fact, their proposal is worse than it was then and some could consider the recent actions by those associated with the developer as bad faith negotiating.

Opus Corporation now wants to allow the forested R-4 tract to be used as public space for the development, clear all underbrush and trees under 10 inches in diameter, regrade and re-landscape the first 50 feet of the R-4 tract nearest the project and construct utility facilities within the forest. They basically want their residents to be able to frolic in the forest that should be preserved as a buffer between the project and the neighborhood.

This is obviously unacceptable to the neighborhood for many reasons and on many levels.

The first anyone heard of this idea, which has NEVER been proposed at any of the countless meetings we have had in the last 6 months was a list a proposed conditions received from their lawyer 3 days ago. This tells us that these developers, knowing that keeping the forested R-4 tract intact is our number one priority and has been since day one, just don't care about what the neighborhood thinks or needs in order to live with this development.

Their plans also call for a 44 foot parking deck, which is a height 50 percent higher than what the neighborhood has proposed.

They have also proposed 70,000 square feet of retail space, up from the original 50,000 square feet.

In addition, they want to remove any requirement to make the rezoning conditional on a site plan. This would mean that once they get their tract rezoned, they could build whatever they want (within City ordinances) no matter what they had previously agreed to with the neighbors or anyone else. This is simply unacceptable to all of us who care about the Morningside neighborhood.

So, we now have a battle on our hands. A BIG one.

We are recommending that the committee take one of the following two actions tomorrow night:

1. Outright denial of the entire rezoning proposal, or,

2. Approval of the rezoning conditioned upon the list of conditions sent to the developers by Liz Coyle on December 13, 2007.

It is very important that as many neighbors as possible attend the meeting to make your voices heard and influence the committee's vote.

We hope to see all of you tomorrow night.

Decision Deferred

The MLPA Zoning Committee decided at last night's meeting to defer consideration of the Opus rezoning proposal until the January 8 meeting to give the developers and neighbors more time to work out a negotiated solution.

During or immediately after the meeting, the development team made the following additional concessions:

1. They would consider dropping the parking deck from 4 to 3 stories.

2. They will pay for all traffic improvements identified as necessary in the final DRI report over and above what the dedicated impact fees cover.

3. They would drop the overall retail square footage from 60,000 sq. ft. back down to the original 50,000 sq. ft.

4. They will agree to limits on individual retail and restaurant square footage in line with the original requests from the neighborhood.

5. They will agree to a permanent conservation easement for the R-4 portion of the parcel to preserve it forever as forested green space.

Please plan now to attend the next meeting of the MLPA Zoning Committee on Tuesday, January 8, at 7:30 pm at Morningside Presbyterian Church.

MEETING TOMORROW NIGHT !!

Please plan to attend the Morningside Lenox Park Association Zoning Committee meeting tomorrow night (Tuesday, December 4th) at 7:30 pm at Morningside Presbyterian Church, 1411 N. Morningside Drive.

The Opus/Morningside project in its current form and its resulting impact on the Morningside neighborhood will be discussed and it is important for as many neighbors as possible to attend, ask questions and voice opinions.

From here on out, things will be moving rather quickly as the developers' rezoning proposal moves forward, so don't miss this opportunity to participate.

We look forward to seeing all of you there.

Atlanta Regional Commission Final Report

The Atlanta Regional Commission has issued its final report on the Opus/Morningside project, and you can go to this webpage to find links to download the DRI Traffic Study and the ARC final report.

Major points contained in the ARC Final Report are as follows:

1. The existing forested buffer between the development and the Morningside Neighborhood should be maintained.

2. The value of the development is $70,000,000 and will generate $837,000 a year in local tax revenue.

3. The development will generate 4,452 new two-way traffic trips each day.

4. The development does NOT pass the ARC's benchmark air quality test.

5. The current transportation system is not "fully capable" of accommodating the new trips generated by the development and improvments should be implemented.

New Plans

CLICK TO ENLARGE

Over the past couple of months, a small group of neighborhood residents and representatives from NPU-F and the MLPA have been meeting with the Opus/Morningside Project developers to try to convince them to craft a plan that current residents could live with.

The images above are of the latest plan, which will be presented to the MLPA Zoning Committee tomorrow night. The important changes from previous plans are as follows:

1. No building or activity in the forested portion of the R-4 zoned area.

2. Density reduced from 360 units to 300 units.

3. Parking deck reduced from 5 to 4 stories.

ZRB Nov. 1 Meeting Notice

Some neighbors have received a notice stating that the zoning proposal submitted by the Opus/Morningside developers will be up before the Zoning Review Board on Nov. 1. That meeting has been deferred until at least January 3rd or 10th to allow time for the DRI (development of regional impact) process to be completed and time for the neighborhood groups and NPU-F to weigh in on the proposal.

The ZRB will send new notices when that meeting is sent. I understand that only property owners within 300 feet of the development receive the notice, so we will be sure to let everyone know when the meeting will be held.

A group of neighbors and officials from MLPA and NPU-F met with the developers a couple of weeks ago, and the developers are currently revamping their proposal in response to the input they received at that meeting. We expect to meet with the developers once again on November 28 to see what they have come up with, and will post the details of that proposal as soon as possible.

There probably won't be much news about this development until then, but we will be getting back to a more regular posting schedule soon.

DETAILS OF CURRENT PLAN

Here are the details of the current proposal by Opus for the project as presented to the MLPA Zoning Committee on October 2, 2007 and provided to this blog by architect David Green.


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As you can see, the site plan shows the encroachment of the project into the R-4 residential zoning district. The large rectangular box in the middle is the 5 story concrete parking deck. The other lines outline a 4 story structure housing residential and commercial rental units. It is helpful to look at the orange existing curb line to see where the new construction is planned as compared to what is there now.


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This is another view of the site plan showing again how far the parking deck (white) and structure (lite orange) encroach onto residential land.


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And this is an illustration of how the front of the project would look facing Piedmont. A very nice look, in our opinion.

The happy people in the illustration could even be neighboring residents if the Opus/Morningside project is ultimately built without encroaching into the residential portion of the Morningside neighborhood!!

Guest Editorial by Louis Sheppard, PH.D.

This guest editorial by Windemere Drive resident Louis Sheppard is comprised of remarks he presented at the MLPA Zoning Committee meeting last Tuesday night.

"The current Opus plan, for redevelopment of Rock Springs Plaza, is unacceptable because of the travesty it perpetrates upon the adjacent forested plot: It stipulates knocking down the stands of trees and the construction of a five level building for parking. Rezoning from single family residential (R-4) to multiple family residential (MRC-2) has to be stopped. The forested acreage serves as a buffer between the commercial site and the homes of the neighbors facing onto Windemere Drive.

In 2006, rezoning application Case # Z-06-32 sought to invade N Rock Springs, with the intrusion of a transition zone behind our home at 1858 Windemere Drive NE. City Council and its Zoning Committee, the ZRB and the NPU-F voted against the attempt unanimously, thereby upholding tradition and past precedents which apply here.
All of us have everything to lose and nothing to gain by permitting Opus to, “trade trees for density.” The undeveloped acreage and the commercial rezoning are not reciprocal, in actual fact. Opus does not have any trees to trade. We must not donate the trees to them for trading back to us.

I respectfully propose that the Zoning committee reject the rezoning request by denying the designation MRC-2, multi-family residential.

On the second matter, we must present an immutable position in relation to the commercial site, wherein they are won over to make new concessions to achieve an economic level of density without: Greater traffic overloads, More than two stories above ground level, Drainage runoff problems, and Failure to comply with the riparian buffer zones.

Only by this means are we able to insure that the barely marginal safety of Windemere Drive will not be worsened by becoming an even more heavily traveled raceway for autos and bicycles.

And, we must prevent our land from being relegated to the status of a transition zone between commercial and residential; nothing more than a buffer for the edge of Morningside nearest Piedmont.

To that end I respectfully urge the Zoning Committee to defer any hearings and decisions until we have persuaded Opus to devise a redevelopment plan that is much less hostile to Windemere Drive of the Morningside neighborhood.

CONCLUSION

Before any applications are considered for a vote, crucial questions need to be addressed with respect to the current plan for redevelopment.

The number of levels and the density will be devastating to the tranquility and beauty of our Morningside community and exacerbate an already intolerably unsafe traffic load, affecting the entire length of Windemere and Wildwood.

Riparian buffer zone matters and drainage of runoff have far-reaching consequences on neighbors residing below the rear of Rock Springs Plaza and on us alongside the drainage channel. Even now our yard is being washed away so severely that barriers of stone-filled wire mesh are necessitated to stem the erosion. The City of Atlanta, Department of Watershed Management shuns responsibility on private property.

The request for rezoning of the forested acreage is a “straw-man.” We must avoid being outmaneuvered by the developers who hope to bargain away something they do not have. Pretending the two matters are connected would enable the trading of trees for additional levels for parking and apartments.

Windemere Drive is in immediate danger of being transformed from a protected street into a transition zone; thereby rendering that part of the street unsuitable for living all the way to the drainage waterway.

Respectfully, I advocate: Immediate rejection of the rezoning request from single family (R-4) to multi-family residential (MRC-2) on the forested acreage and Deferral of all other hearings until the commercial redevelopment plan has been altered to reflect reasonable consideration of the neighbors who are most impinged upon.

By this means we shall be afforded the time essential to the efforts on our part to assist Opus and its architects. We can help them bring forward a plan for redevelopment that: Preserves the integrity of Windemere Drive and Enables Opus to enjoy a lucrative venture in a cordial environment."

Louis Sheppard, Ph.D., D.I.C., FIEEE, FAIMBE, FBMES, FACMI
Registered Professional Engineer
Windemere Drive Resident