Jaclyn Hirsch – Buckhead Patch
Atlanta City Council failed yet again on Monday to make a decision on the controversial mixed-use development plan off Lindbergh Drive west of North Druid Hills that includes a Walmart.
Council voted to send the zoning request back to committee to address the land use issues, according to a note sent to residents by the Lindridge Martin Manor neighborhood association.
Developers want to build a mixed-use development that would include a Walmart off Lindbergh Drive near the MARTA station.
But the property is zoned for residential use, and Monday’s city council vote indicates that council will not approve the project unless the property is rezoned.
“The Walmart development cannot go forward with out the land use being changed,” Lindridge Martin Manor Neighborhood Association President Roxanne Sullivan wrote to neighbors. “There was lots of speculation as to what does this mean. Most of them involved the fact that the developer did not have the votes for approval. It most likely will not come back from committee.”
Developers battled with neighbors for roughly two years in an effort to move the project forward.
Many residents in and around Buckhead opposed the project due to the size of the development and the location.
Andrea Bennett, who chairs NPU-B’s Development and Transportation Committee, told Reporter Newspapers “the accusations of prejudice against Walmart are unfounded.”
“We voted against this before Walmart ever entered the picture, before we even heard Walmart was involved,” Bennett said. “Our issue isn’t whether this is a Walmart or whether it’s a Nieman-Marcus or something else. It’s about the form of the development.”
From Buckhead Patch
NPU-B Tuesday night turned down for the second time the Sembler Co.’s rezoning request for a retail project at Piedmont Road and Lindbergh Drive.
Sembler sought to rezone land in the corridor along Morosgo and Adina drives from high density residential to high density commercial for what has previously been described as a grocery store. But NPU Chairperson Sally Silver and other NPU members have expressed concern that the project would turn out to be of much larger scale than a typical supermarket.
The NPU previously rejected the rezoning for the SPI-15 area near the Lindbergh MARTA Station because Sembler didn’t have a site plan to show the board. Silver on Tuesday said the company had indicated its willingness to offer a “conceptual” site plan, but the board again unanimously rejected the rezoning request.
Silver had called the NPU into executive session to take the vote, although three reporters remained in the Hyland Center at Christ the King Cathedral during the discussion and vote.
NPU members expressed concern that Sembler is seeking to build a “big box” store, possibly a Lowe’s, at the site. Silver said that such a store would bring in traffic from outside the area, countering SPI-15 aims to make the site a vibrant urban area of high-rise apartments and condos with small, local shops and restaurants. The area, near Sembler’s Home Depot-anchored Lindbergh Plaza, consists of apartments and shops around the Lindbergh MARTA station.
From BuckheadView by John Schaffner
Those who read early in August that a large grocery store might be coming to near the intersection of Lindbergh Drive and Piedmont Road, and were anticipating their first shopping trip, might want to put those shopping bags back in the closet.
That grocery store, which was anticipated as part of a Sembler Co. commercial retail strip development on 10 acres bordered by Lindbergh, Morosgo and Adina drives has run into a heap of denials for land use changes and likely will be a long time in the future if it happens at all.
At its Aug. 2 board meeting, Neighborhood Planning Unit B approved unanimously two zoning ordinances, which amended the Piedmont commercial corridor regulations to remove a minimum residential requirement for the property. The NPU board recognized the need for a major grocery store to fill a huge void and provide a needed amenity in the area.
From the August NPU-B meeting to its September meeting, the support seemed to dramatically erode. When it came to deciding on whether or not to approve an amendment to the land use element of the 2011 Atlanta Comprehensive Development Plan (CDP) at the September meeting the NPU board questioned a number of factors.
First of all, while the NPU-B board had been envisioning a Public or Kroger grocery store as part of the development, the Sembler people had mentioned a Wal-Mart Super Store during discussions with the Design Review Committee. That was not acceptable to the NPU board.
Then board members asked to see a site plan for what Sembler was planning to build. They were told there was no site plan and would not be one until after all the approvals for the project. That too was unacceptable to the NPU board members.
The NPU-B board offered attorney Larry Dingle, who attended the September meeting representing Sembler, the opportunity to defer action on the land use amendment request until Sembler could present a site plan for the board to review along with assurances of what the grocery store would be.
The board even agreed to wait for a day or two to hear from Dingle if his client wanted that or wanted the NPU board to vote on a denial of the request. The board had agreed to do a formal vote by email after hearing from Sembler.
Dingle said there was no reason to wait, he knew his client would prefer for and up-or-down vote that night from the NPU on either approval or denial. The NPU board voted 25-9 for denial of Sembler’s request.
The request for the amendment then went before the city’s Zoning Review Board and Sembler asked for a deferment and received it.
The issue of the CDP amendment was up for a public hearing on Sept. 12 and NPU-B chairperson Sally Silver presented that the NPU board had voted 25-9 for denial of the amendment change for this proposed development. Silver told BuckheadView that the city’s staff also recommended denial.
On Sept. 13, the issue again went before the Design Review Committee, which decided it could take no action, according to Silver, because there was no site plan and no support of the proposal by the NPU or city staff.
The issue is destined to again come before the NPU-B Zoning Committee on Tuesday, Sept. 26, and Silver is sure the committee will vote for denial.
According to Silver, the issue is not necessarily dead in the water, but it certainly has been delayed at this point. She said she has placed a call to the Sembler people to see that they plan to do—proceed along the path they have chosen thus far, or make some changes and come back through the process—but she has not yet heard from them.
In August, Silver was one of the most excited over the prospect of having a grocery store in that area. “That is the big important thing that is going to make Lindbergh work,” she said at the time.