MorningsideMatters

PROJECT UPDATE FROM LIZ COYLE!!

2008-10-01T10:31:00.002-04:00

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......

2008-02-13T10:57:00.005-05:00

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

2008-01-21T22:27:00.000-05:00

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

2008-01-21T11:06:00.000-05:00

(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.....

2008-01-18T10:31:00.000-05:00

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

2008-01-17T11:27:00.001-05:00

(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

2008-01-15T11:16:00.000-05:00

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

2008-01-13T15:18:00.000-05:00

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

2008-01-13T10:06:00.000-05:00

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

2008-01-11T10:53:00.000-05:00

(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

2008-01-09T10:40:00.000-05:00

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!

2008-01-08T17:14:00.000-05:00

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 !!

2008-01-07T20:15:00.000-05:00

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

2007-12-05T21:44:00.001-05:00

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 !!

2007-12-03T12:03:00.000-05:00

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

2007-12-03T11:24:00.000-05:00

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

2007-12-03T10:50:00.000-05:00

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

2007-10-28T19:04:00.000-04:00

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

2007-10-09T10:42:00.000-04:00

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.

(click to enlarge)

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.

(click to enlarge)

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

(click to enlarge)

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.

2007-10-05T07:54:00.000-04:00

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

Baby Steps, Just Baby Steps.

2007-10-02T22:47:00.000-04:00

Part A

Part B

What happened:

The developers of the Opus/Morningside project, represented by David Green and John Bell, presented a slightly revised site plan to the Morningside Lenox Park Association Zoning Committee earlier tonight, and outlined a project that begins to respond to the overwhelmingly negative response their ideas have generated to date.

This revised plan now sites the rear of the massive 5 story 1.3 acre concrete parking deck at the rear curb of the current shopping plaza, somewhat further away from the homes on Windemere Drive, but still well within the boundries of the R-4 single family residential zoning district.

After hearing the presentation and the ensuing discussion, the committee voted to defer action on this rezoning application for 60 days, until December 4, 2007 to give the Developers time to work out a proposal that the neighbors can live with.

At the meeting, the developers also committed to meet with the Windemere Neighborhood Committee (along with MLPA and NPU-F reps) within 2 weeks.

What we think:

While we will give the developers some minor credit for their attempt to devise a plan somewhat less destructive to the Morningside neighborhood, this revised plan still calls for massive encroachment into the heavily forested R-4 residential zone and the desecration of one of Atlanta's most prized intown neighborhoods. This just won't fly, not now, not ever. Real estate developers just can't be allowed to violate the integrity of Atlanta's leafy intown neighborhoods by expropriating residential land for commercial use. They can't be allowed to construct enormous parking decks on residential property. It's just plain wrong and its bad for Atlanta. This project remains a real threat to Morningside and, due to its size and precedent-setting nature, every other intown Atlanta neighborhood.

Bottom line: Effort noted, still unacceptable.

Absolutely unacceptable.

McMansions, Nyet!! Parking Garages, Si!!

2007-10-02T16:53:00.000-04:00

Wouldn't it be ironic if the Atlanta City Council, having just passed anti-McMansion legislation, ends up approving the Developers' request to rezone neighborhood residential land to make way for the construction of a 5 story concrete parking garage (125 feet by 450 feet) that covers more ground than a football field ?

The second photo above is a shot of the home at 1860 Windemere Drive taken this morning.

The top photo above is a composite image illustrating exactly what the parking garage would look like (at least size & mass), if built according to the plans the developers have submitted. This image was created by another resident of Windemere, Louis Shepard, who holds an engineering doctorate and has gone to great lengths to ensure the accuracy of the proportional representation shown in the image.

At the NPU-F Zoning Committee meeting last week, John Bell, the Developers' representative, told the audience that it was his opinion that this project would not have any adverse affect on neighboring properties at all. (Really!!)

These images clearly show just how devastating this project would be to the Morningside neighborhood if built as currently planned.

MEETING NEXT TUESDAY--7:30 PM

2007-09-27T18:33:00.000-04:00

The next step in the process of the Opus/Morningside project rezoning application will take place next Tuesday night, October 2, 2007 at 7:30 PM at Morningside Presbytarian Church, 1411 N. Morningside Drive.

This will be the October meeting of the Morningside Lenox Park Association Zoning Committee and this zoning application (Rock Springs Plaza redevelopment) will be discussed.

Please attend if you can.

Tentative dates for future meetings are as follows:

October 8, MLPA Board Meeting

Nov./Dec ??, NPU-F Meeting -- To be scheduled once the DRI process is complete.

Please note that that any meeting might be changed or postponed for various reasons, so check back with this blog for the details.

The NPU-F meeting will be particularly important to attend since the NPU uses a democratic process and anyone living within the NPU has a right to cast a vote on the rezoning proposal.

And FYI: We are working to set up a meeting with the Developers in an attempt to resolve the major issues outstanding with their rezoning application, but have not yet had a response from them.

Thanks again to everyone who attended the meeting last Monday night. You were just great. The outstanding attendance combined with the variety and depth of questions let the developers know that neighborhood objection to their official plan is widespread and pretty intense.

TREMENDOUS DISAPPOINTMENT

2007-09-25T15:32:00.000-04:00

Click above to play the video recording of the September 24, 2007 NPU-F Zoning Committee meeting. (The video stops before the end of the meeting because our 2G memory card was full, so apologies for that.)

Well, we had our Zoning Committee meeting last night, and turnout by Morningside residents, and people from other intown neighborhoods was excellent and showed a broad and deep concern about the Opus/Morningside project and its potential to impact the city.

The presentation by the Developers was a tremendous disappointment. The meeting started off on a disappointing note when it became apparent that Lord Aeck and Sargent principal David Green, who had presented the project a month ago, was not in attendance. His absence certainly caused a real lack of continuity between last month's meeting and this month's, and his absence meant he could not report back to the committee with answers to questions that were raised then. He was missed.

In general, the presentation by the Developers was long on platitudes and soothing words and short on concrete information and real answers. John Bell of Lord Aeck and Sargent did the presentation and did a thorough job of presenting the basic layout of the project and his clients' reasoning behind their written proposal while often sidestepping the important issues at hand. He did make the point that, from their point of view, the current plans are "conceptual" and a starting point for negotiations and that the developers are willing to meet to work on a plan that incorporates the concerns of Morningside residents, but also said that they had no real process in place for this to happen.

When asked earlier today to comment on the meeting, Mr. Bell had this to say: "We have a great deal of work to do, but I think everyone has a clear understanding of the issues which is a good place to start. The questions from the attendees were thoughtful and direct. In some cases they deserved a more thorough answer than I was able to give, but I do see this as the beginning of an open process and many decisions have yet to be made. I look forward to working with the entire community on this matter."

The second major disappointment of the meeting was that the developers failed to sieze their opportunity to make a real and concrete gesture or promise to the residents of Morningside about how they would resolve the major issues involved. They have met with many residents and groups, formally and informally over the past two months; they have already made one presentation to the zoning committee during which they got clear feedback from the NPU about their proposal, and the bottom line is that their official proposal, on paper, is far, far worse and destructive to the fabric of the Morningside neighborhood than the informal proposals they put forth 6 weeks ago.

Yes, last night they did say over and over and over that they want to negotiate, that the plan is open to discussion, that they intend to use the next 4 months to incorporate neighborhood input, that this plan is only a starting point. While we really, really want to believe what they say, its time for deeds, not more words. We need action, concrete negotiations, a real process set up for resolving the issues, and we need it to happen soon.

Let's look at how their past statements stack up against their plans:

"We do not plan to build any further back than the curb at the back of the current parking lot". --Developers, Aug. 24, 2007 in a meeting with Windemere residents. Their current official plan calls for structures to cover the entire R-4 forest behind the curb.

"We want to keep the trees to the greatest extent possible." --David Green, Aug. 27, 2007 at NPU-F Zoning Committee meeting. Their current official plan call for the destruction of about 115 trees 10 inches or more in diameter and countless others.

"Our goal is to keep it (parking deck) where the (current) curb is." --David Green, Aug. 27, 2007. Their current official plan calls for a 450 long parking deck to be placed smack dab in the middle of the R-4 zoned forest.

"It is not our goal to do something the neighborhood doesn't want." --David Green, Aug. 27, 2007. Their current official plans call for doing exactly what the neighborhood doesn't want---bulldoze the forest buffer.

Now, it might seem like we are attacking David Green, which we don't really mean to do, because he is doing the job he was hired to do for the developers. The final decisions as to what will happen lie with the developers in this case, so while we are doing our best not to shoot the messenger, we can only address the public on-the-record statements that have been made to date.

The fact of the matter is, the plans they have submitted to the Zoning Review Board show an intent, and that intent is not acceptable to Morningside neighbors.

So, while all the nice soothing words that were said were sort of pleasant as far as words go, it is now time for real negotiations to begin with Morningside, and for the developers to move off of their opening position, and soon. We need to see a real site plan instead of a 'conceptual' site plan. We need to see the 3d model that David Green promised we would see. We need to see sections of the design. Its time for deeds, not more words.

But Developers, please take note: as far as Morningside residents are concerned, the destruction of the R-4 Old Growth Forest is non-negotiable, is not on the table, and any design that fails to understand that and address that will not get through the NPU.

Not if we here at MorningsideMatters have anything to say about it.

QUESTIONS, QUESTIONS.

2007-09-23T18:39:00.000-04:00

Here is a list of a few questions to ask the developers at tomorrow night's NPU-F Zoning Committee meeting in addition to the ones you already have:

1. On August 27th, you stated that it was your goal to keep the parking deck where the curb of the current parking lot is now (7:54 on the video). You have now located a 5-story deck on top of the R-4 zoned woods. Why?

2. On August 27th, you stated that "...the vast majority (of the wooded tract) will stay treed.." (8:46 on the video). The site plan submitted with your zoning application call for the desctruction of all or nearly all of the trees to make way for the deck and other structures. Why did you change your plans ?

3. On August 27th, you stated that "It is not our goal to do something the neighbors don't want." (24.52 on the video). Given that you clearly know that Morningside residents don't want the R-4 old growth forest destroyed to make way for a huge concrete parking deck, please explain what you meant when you made that statement a month ago.

4. The Atlanta Comprehensive Development Plan calls for your land to be used for "Low Density Commercial". Please explain how the MRC-2 zoning you seek, which is medium density, is consistent with the land use called for in the CDP ?

5. In part 5 of your Documented Impact Analysis of your zoning application you state that "Redevelopment to a low density commercial use is consistent with the CDP." Please explain how your proposal, given the units per acre and FAR stated qualify as "low density commercial" and cite other precedents within NPU-F to support your contentions.

6. In part 6 of your Documented Impact Analysis of your rezoning application you state, in response to: "Effect on adjacent property" that "Buffers and transitional height planes will help insure that there is no adverse effect on the adjacent properties. Please explain in detail how your 5-story parking deck, 360 rental units and the planned commercial space will have no adverse effect on the adjacent Morningside homes.

7. Can you guarantee that your project will not decrease the amount of water flowing to the trees on adjacent properties?

8. Has a hydrologist done a detailed study of the water flows on your site and the impact your project will have on adjacent properties?

9. Can you cite any precedent within NPU-F for rezoning R-4 to MRC-2?

PLEASE COME TO ZONING MEETING ON MONDAY!!!

2007-09-21T09:34:00.001-04:00

Please attend the NPU-F Zoning Committee meeting on Monday, September 24 at 7:30 PM at Hillside, 1301 Monroe Drive. At this meeting, the project architect and developers will present their current plans and will answer questions from the audience.

Although it is still quite early in the rezoning process, we feel it is crucial to let our elected leaders, city officials and neighborhood leaders hear and understand the issues involved with this project and to ask them to respond to our concerns.

From what we understand, the format of the meeting will be such that the developers will first present their plans to everyone in the room, then answer any and all questions from the audience. So please spend some good time thinking of some great questions to ask, maybe write them down, and come prepared to speak up. We will do another post later this weekend listing some questions that we have, and you are free to use those as well as to ask your own.

Keep in mind that this is a public meeting, and is open to all, so it would be great if you would bring with you anyone who has or should have an interest in the issues involved in this project.

You know, this particular project is important because it's impact is not limited to just that corner of Morningside. This developer has proposed to rezone single-family land for extremely dense commercial use, including the erection of a huge 5 story parking deck. This "land-grab", should it be approved, would set a dangerous precedent for all other intown residential neighborhoods and must not be allowed. We just can't allow developers to think that they can chip away at the margins of neighborhoods like some enormous cookie monster run amok. This threat cannot be ignored by anyone who cares about Atlanta's great neighborhoods and must be met with strong resistance.

So please, get the word out, come to the meeting and bring your friends. See you there.

AJC ARTICLE ABOUT THE PROPOSAL

2007-09-19T19:53:00.000-04:00

A small article about the proposed redevelopment of the Rock Springs Plaza center appeared in the Atlanta Journal Constitution (click to go to it) two days ago.

DEVELOPER PLANS TO DESTROY 114 LARGE MORNINGSIDE TREES

2007-09-18T15:49:00.000-04:00

According to a copy of the site survey provided by the architect, the deveopers' project, if built as planned, would require the wholesale destruction of 114 large mature trees with a trunk diameter of 10 inches or more. In fact, 25 of the threatened trees have a trunk diameter of 24 inches or larger. All but 10 trees lie within land zoned R-4 (single family residential) in the far northwest corner of Morningside. The photograph above (taken this afternoon) is of a group of trees the developer wants to bulldoze.

Please keep in mind that these trees are large, mature trees; over 100 feet high in many cases. They form an important urban forest inside the Morningside neighborhood and are a crucial buffer between the commercial activity, noise and pollution of Piedmont Road and the single-family homes of Morningside. In addition to these larger trees, there are dozens more with a trunk diameter of less than 10 inches.

What would you rather have, an urban forest or a 125' by 450' five story high concrete parking garage? Birds, squirrels and chipmunks or exhaust fumes, car alarms and sqealing rubber?

The results of the tree survey are as follows, with the first column listing the trunk diameter at breast height and the second column listing the number of trees of that dimension. About 80% of these trees are oaks and other hardwoods, and 20% pine and poplar.

Size Quantity
10" ---- 13
11 ---- 11
12 ----- 8
13 ----- 6
14 ----- 3
15 ----- 2
16 ---- 11
17 ----- 7
18 ----- 2
19 ----- 5
20 ---- 12
21 ----- 3
22 ----- 4
23 ----- 2
24 ----- 2
25 ----- 1
26 ----- 4
27 ----- 2
28 ----- 2
29 ----- 1
30 ----- 4
31 ----- 1
32 ----- 1
33 ----- 1
34 ----- 2
36 ----- 1
37 ----- 1
39 ----- 1
40 ----- 1

AERIAL VIEW

2007-09-17T07:04:00.000-04:00

This is a view from above of the current Rock Springs Plaza center. Piedmont Road is toward the top left of the image, Taco Cabana toward the top center. (click to enlarge)

The urban forest that the architect and developers plan to destroy is outlined in red and is currently zoned R-4 (single family residential). This is woodland filled with dozens of mature trees over 10 inches in diameter and over 100 feet high.

Use your imagination and picture a 5 story concrete parking deck replacing this wooded land, and you will begin to get a sense of what these developers plan to do to the Morningside neigborhood.

DEVELOPERS SUBMIT ZONING APPLICATION--DESTRUCTION OF MORNINGSIDE BEGINS!

2007-09-15T16:32:00.000-04:00

Well, not quite yet.

The Developers have submitted their zoning application and by doing so, have made their true intentions clear in regard to to this project. The plans they submitted are much worse than they had original let on, and seem to have made a mockery of the lip service they paid to getting neighborhood input. In short, it's bad-----really, really bad.

We have superimposed their drawing of the structure from their zoning application onto the zoning map that was posted on this blog a couple of weeks ago. As you can see above (click to make it bigger), the architect and developers intend to destroy the entire urban forest buffer between the Morningside neighborhood and Rock Springs Plaza to build a 5 story parking deck along with a 4 story structure on forest land, which is currently zoned (r-4) single family residential. If built as proposed, some 220,000 plus sqare feet of developed space will eventually sit on the land currently occupied by a pristine urban forest. Yep, not good. Not good for the trees, not good for the neighborhood, not good for the city.

The structure they propose to erect is oulined in black lines above, the parking deck in blue and the current zoning line separating the C-2 zoning (Rock Springs Plaza) from R-4 zoning (Morningside neighborhood) in red. As you can see, about a third of what they want to build would be built on land currently zoned for single family housing.

This is a much different project than the one presented by the developers at the NPU-F zoning committee meeting on August 27, 2007. (We'll have more on the contradiction between what the architect said on that day and what he has done later this week.) The developers have completely ignored every bit of input given to them by neighborhood residents and, in fact, have come up with a scheme to literally bulldoze heavily forested residential land to build in its place a 5 story concrete parking deck and an enormous 360 unit 4 story rental apartment structure. We read this as nothing short of an act of bad faith.

Due to their actions, the NPU-F Zoning Committee has asked them to once again attend a meeting and explain their plans to the public. This meeting is set for Monday, September 24 at 7:30 PM at Hillside, 1301 Monroe Drive.

We urge everyone who can attend to come to this meeting. It is extremely important that as many residents of NPU-F and other interested people attend this meeting, participate in the discussions and communicate your position on this rezoning application.

This project, if allowed to go forward, will not only degrade the Windemere Drive neighborhood of Morningside, but will also set a precedent for allowing intensive commercial development to eat into single family residential neighborhoods all over the City.

This is bad. Really, really bad.

WHY URBAN FORESTS MATTER

2007-09-05T20:21:00.000-04:00

While we are waiting for the rezoning application to be submitted, we thought it would be helpful to share a great Wikipedia article on Urban Forests.

The 1.5 acre urban forest that has been threatened by this development project has become a top issue over the past couple of weeks with neighborhood opinion running 100 percent in favor of keeping it intact in perpetuity. This article is really worth a read.

http://en.wikipedia.org/wiki/Urban_forestry

Guest Editorial By Joss Stokke, Resident, Windemere Drive

2007-09-01T19:56:00.001-04:00

Joss Stokke, a Windemere Drive resident recently posted her thoughts on the Morningside Lenox Park Association Yahoo board. We are re-posting it here as a guest editorial in a version (slightly) edited to fit the blog format. Here it is:

"I have a lot of consternation about this project and feel that not only should the residents of Windemere be very concerned, but also our greater Morningside neighborhood. This is a massive construction and will be much larger than anything else to date in our neighborhood. The traffic impact on the neighborhood will be very significant. These apartments will most likely house young, transient people who will go to places in the Highlands like Tap, Fontaine's, Noche, etc., and they will head straight down Rocks Springs to Morningside because that is the quickest, shortest route. Our neighborhood has enough unsafe, cut through traffic. We do not need to add any more, especially from people who have potentially been drinking. So many of our streets already have speed bumps due to traffic issues. It is ridiculous. We are a neighborhood of humps. Additionally, we will have a harder time getting to the interstate with over 600 more cars. I feel that the density of this project is too high and do not see any beneficial aspects to the neighborhood of this development. The multi-residential properties currently in or near our neighborhood are town homes or low-rise buildings, not massive 7 stories, 2 to 3 block apartment buildings.

As a resident of Windemere, I feel the news gets worse. Our property abuts this development and is separated only by a thin barrier of woods. In the past, our property and our neighbors' property have had water runoff issues when the curb behind Artlite was busted. It took much effort and time to get it fixed. I can't imagine the issues that will arise from the new construction. In the presentation to the NPU, the developers say they would like to keep the forest barrier, so I do not understand the need to rezone the R-4 property and am opposed to it. I am also concerned about air quality. With an almost 700 car parking deck directly in our backyards, the air quality is going to suffer not only from the car emissions, but also from the massive construction process itself. This brings me to the noise issue, not just from the cars but the residents as well. I do not want a pool that 600+ people have access to beside our backyards. Additionally, I do not want to hear the non-stop hammering away during construction of this project for months. Lastly, I don't think the 50+ homes of Windemere want to see a 7 story building from our street. Even with a transitional height plane, it will be visible. Currently during the winter, as you go down the hill on Windemere from Wildwood, you can see part of the billboard and roofs of the existing buildings. It is ridiculous for anyone to think the building is not going to be somewhat visible from the street and the homes on the other side of the street much less the backyards of the folks on the west side of the street. And it sounds like the centerpiece of this view will be a 700 space parking garage. Our neighborhood is a great, beautiful, tree-filled home to people who have chosen to live in-town without the concrete jungle of downtown or midtown. We do not need a massive apartment development directly adjacent to it. I would like to see the developers consider a smaller, less dense project that involves home ownership, not transient renters, and that is more in character with the neighborhood. "

Thank you for your time,
Joss Stokke

Parking Garage

2007-08-31T00:56:00.001-04:00

The Developers who are proposing the project at Cheshire Bridge and Piedmont are currently developing this site a couple of blocks away at Piedmont and I-85, former location of the Ramada Inn. As you can see, the parking deck is coming along. Now imagine this structure taking the place of Artlite and the pet store at Rock Springs Plaza and you can begin to get a sense of the scale of this development.

NPU-F Zoning Committee Meeting Aug. 27, 2007

2007-08-29T09:20:00.000-04:00

Project architect David Green presented a brief overview of the project during the first portion of the August meeting of the zoning committee meeting of NPU-F. It's worth taking the half hour or so to listen to his presentation and to the ensuing discussion.

LOT AND ZONING MAP

2007-08-28T17:27:00.000-04:00

Click on the map to make it bigger.

This is a drawing of the lot plat surrounding the site of the proposed mixed-use development. The area surrounded by the red border is the parcel that the developers apparently have under contract. The area enclosed by the blue line is the portion of that parcel that is currently zoned R-4 (single family residence) and is the area currently occupied by the old-growth forest buffer between the shopping center and the Windemere Drive neighborhood. Hereafter to be known as "The Forest". Notice the long narrow triangle of land touching Windemere Drive that is part of the development parcel.

Does this mean that residents of the new development will be able to park on Windemere Drive and walk up to their apartments?

A FIRST LOOK AT THE PROPOSED PROJECT

2007-08-28T10:56:00.000-04:00

Hey Neighbors:

Welcome to our new blog.

As many of you may have heard, The Rock Springs Plaza Shopping Center at Piedmont and Cheshire Bridge is under contract to be sold to a group of developers, who plan to raze what is there and build a substantial new project in its place. This project would be built on land currently occupied by Taco Cabana, the vacuum store, barbershop, sandwich shop, pawnshop, Pot and Pan, pet store, Artlite and the American Deli.

On Friday, August 24, 2007, we met with the architect and the developers to see what they have been planning and to express some initial concerns on behalf of the neighborhood. The architect is David Green with Lord, Aeck and Sargent. The developers are Michael Dougherty, Director of Real Estate-Retail with Opus South Corporation and Bill Bollwerk, Managing Director of Alliance Residential Company. This post summarizes what we learned at that meeting.

THE PROJECT

A. Retail & Residential. The developers are finalizing plans for a large and dense mixed residential/commercial project with ground floor retail of about 50,000 square feet and about 378,000 square feet of rental apartments above, comprised of 350 individual rental units of about 900 sq. ft. each (plus roughly 20% for hallways, lobbies, etc). The project would be built right up against Piedmont Road, with parking, service and amenities located toward the rear.

B. Parking Deck. The plans also call for a 690 car parking deck (one level below ground) allocating 1.4 spaces per rental unit and 4 parking spaces per 1000 square feet of retail space. Assuming 345 square feet per car, the parking garage will contain 238,050 square feet of space (nearly 5.5 acres of parking!). The garage appears to cover about 1.1 acres, assuming it would be a 5 level deck. (In comparison, the contentious Piedmont Park garage will have space for 800 cars.)

C. 666,050 sq. ft. Total size of the project, including the parking garage would be about 666,050 square feet.

D. 7 Stories High. While the developers didn't specifically tell us the height at that meeting, the site they showed us (which we were told was under review and subject to change) included a footprint of 56 units of about 1000 square feet each. Factoring in other assumptions stated by the developers, the total height of the project would top out at 7 stories, given that specific footprint and the amount of retail and residential space called for. Retail would occupy the ground level, with 6 levels of rental apartments located above. Keep in mind that the site plan is subject to change until it is submitted with the rezoning application, so this could change.

E. Rezoning. The developers plan to submit a rezoning application on or about September 1 asking to rezone the land under the current center from C-2 to MRC-2. At the same time, they will also submit an application to rezone a 1.5 acre plot of old-growth forest between the current center and the Windemere neighborhood from R-4 to MRC-2. This 1.5 acre wooded plot was originally planned and currently serves as an important buffer between the commercial development on Piedmont and the Windemere neighborhood.

IMPACT ON THE WINDEMERE NEIGHBORHOOD

A. Density. This project calls for a massive increase in density on a relatively small plot of land abutting one of intown Atlanta's most scenic single-family residential neighborhoods. As planned, the density would be 7 times as large as what is currently located on the part of the project within the current C-2 zoning. Their proposal to rezone the 1.5 acre old-growth forest from R-4 (single family) to MRC-2 would allow an even larger increase in density and would forever allow the destruction of the original forested buffer between the development and our neighborhood. At 58 units per acre, plus the reatail, this project would have a higher density than those built near the Lindbergh Marta station.

B. Traffic. This project will bring with it an enormous, pervasive and permanent increase in cut-through traffic on Windemere Drive and Rock Springs Road. One example: due the current location of traffic lights and the resulting back-up of traffic at the light, turning left out of the project to head south on Piedmont would be very difficult. Accordingly, residents and patrons of the project will soon discover that it is easy and quick to turn right out of the project, then right on Cheshire Bridge and right on Windemere to cut back around to Piedmont via Rock Springs. Imagine the impact 500 residents and the retail patrons will have on traffic on Windemere and Rock Springs, streets that are already overburdened with unsafe cut-through traffic.

C. Destruction of old-growth Urban Forest. As planned, the project would destroy a 1.5 acre old-growth intown urban forest seen here from the back of the current center, near the pet store loading dock:

Wildlife habitat would be destroyed and Morningside would lose forever an important amenity.

D. Air Pollution. A development with 7 times the size will also bring with it at least 7 times the traffic and 7 times the air pollution. The destruction of the forest pictured above will also allow this pollution to drift directly into our homes rather than be absorbed and mitigated by the buffer.

E. Noise. Right now, nothing up there is open at night, except for Taco Cabana. A project with 350 housing units for transients, some as high as 7 stories up in the air is bound to bring a huge increase in noise; car noise, car alarms, loud music, party sounds and noise from the panned outdoor bistros. In addition, the developers have planned to build a large swimming pool, with its accompanying drinking, parties etc. right next the the backyards of homes on Windemere. The planned clear-cutting of the forest buffer will also bring this noise within 20 feet of our backyards.

F. Crime. With 350 rental units housing 500 or so transient individuals, the project is bound to increase crime in the neighborhood, particularly if the forest buffer between the development and our neighborhood is destroyed, thereby allowing easy access to our yards from the project and from foot traffic on Piedmont and Cheshire bridge road.

WHAT YOU CAN DO

A. Build our list. At this point, we need to build our email list with as many people possible. Please send us the email of anyone you think should receive correspondence and updates about this issue. There will be many meetings to attend in the upcoming months at which we can influence the outcome of this proposal. You can contact us at morningsidematters@gmail.com.

B. Bookmark & Comments. Leave your comments to the postings on this blog. Every time you leave a comment, it stays posted here and we are emailed a copy for our records. City officials, planners, zoning officials, the developers, the architect and officers of neighborhood groups will be able to read your comments and take your ideas and opinions into consideration when making their decisions. Place this blog on your bookmark list and check back a couple times a week for new posts.

C. Send this blog to others. Please email this blog to friends, business associates, neighborhood associations, City officials, planners and anyone else who you think can help us ensure this project will have zero negative impact on our neighborhood.

In any case, while we here at MorningsideMatters are generally in favor of sensible new intown development and all for some increase in density as a way to fight sprawl, many aspects of the project as currently planned present a considerable threat to and heavily encroach on our neighborhoods. The issues surrounding traffic and the old-growth forest buffer are particularly important. We need to organize now so that we can identify and address the issues that are important to everyone on Windemere Drive and in the surrounding neighborhoods, come up with a strategy to achieve our goals and make sure the developers and city officials listen to us and do the right thing.

Thanks for your help and consideration.