March 19, 1999 Status Report

The following material was distributed in a flier to streets near the Peachtree Gardens subdivision.

Peachtree Gardens Fight Continues

Efforts continue to ensure proper development of the 15-home Peachtree Gardens subdivision on North Ivy and Mountain Drive. The NBCA’s position all along is to protect the neighborhood’s interests in this development. We are determined to bring this matter to a satisfactory conclusion soon while ensuring that all applicable laws are being followed. We thank all of you for your continued support.

Here’s a summary of recent events. Visit our WEB site (www.nbca.org) or call Kevin McCauley (404) 531-0006 for more information.

	In November the city approved building permits including the Tree Replacement plan for Phase I of the development (5 lots on east end of Mountain Drive).
	The NBCA joined a number of neighbors in appealing the Tree Replacement Plan claiming the city did not follow the Tree Ordinance in approving the Plan.
	On January 6 the Tree Conservation Commission voted unanimously to uphold the appeal stating the plan was incomplete and too many trees would be lost due to extensive grading (80+%). Such extensive grading is prohibited by the Tree Ordinance.
	Later in January the developer, Mr. Louis Reynaud, submitted a new Tree Replacement plan that more accurately documented the tree removal and replacement, but made no changes to the grading plan. In fact the plan added only 3 trees to be preserved.
	Once again the NBCA and surrounding neighbors filed an appeal in early February contending that the grading plan was not changed and additional trees were not saved.
	As many of you know, the second appeal was never heard. On February 12 Mr. Reynaud violated several terms of the building permit when he cut down 33 trees on site. Despite frantic protests by nearby neighbors and the NBCA, the developer continued to cut trees until receiving official notification from the City. As a result of these violations, the city revoked the developer’s building permit.
	Since then, the developer has resubmitted the development plans that the city again approved as having a compliant Tree Replacement plan. . No changes were made to the plan since the version approved in January. To date no fines have been levied for the illegal cutting.
	The neighborhood has once again filed an appeal to the Tree Replacement plan. The appeal hearing is scheduled for April 21 @6pm in City Hall Council Chambers.
	The NBCA along with a neighborhood, greenspace conservation group has met with the developer’s representatives to work towards a possible compromise.

SHOW YOUR SUPPORT

Attend Tree Conservation Commission Hearing

Peachtree Gardens Tree Plan Appeal

Wednesday, April 21 at 6:00pm

City Council Chambers

Atlanta City Hall, 55 Trinity Street

Peachtree Gardens (footnote)

Recently Mr. Reynaud, the Peachtree Garden’s Subdivision developer, has approached a significant number of surrounding neighbors to explain his side of the story. His letter seeks their support for demolishing the Peachtree Garden Clubhouse building, allowing the proposed subdivision plan to continue, and developing a private pool facility on 1-2 lots in the wetlands on the west end of Mountain Drive. In an effort to provide a complete picture the NBCA would like to clarify statements made in Mr. Reynaud’s letter. Visit our WEB site (www.nbca.org) or call Kevin McCauley (404) 531-0006 for more information.

"Last July, the Georgia Department of Natural Resources asked if NBCA would be willing to write a letter stating their opposition to the preservation of the building. Certain officers of the NBCA realized that once such a letter was submitted, I could then proceed with mitigation and final demolition if the building. Accordingly, the NBCA refused to take a stand on the issue."

The NBCA board took no stand because there was not a clear consensus on the issue of building preservation. There were many strong feelings on the Board as well as in the neighborhood on both sides of the issue and the Board felt it was inappropriate to take an official stand.

"In September, the NBCA had a vote taken in the neighborhood. The majority of homeowners voted against preserving the old building. In spite of this fact, the NBCA still refuses to write the letter."

A neighborhood opinion poll was taken in September after a public debate on the building preservation issue. The poll indicated the neighborhood was deeply divided on the preservation issue. The NBCA did fulfill its obligations to the Army Corps of Engineers and provided them with detailed survey results. These results showed an almost even division of community desire and thus NBCA made no recommendation for either position.

"The trees that were approved by the city of Atlanta to be cut were cut on the 12^th of February. City official Alycen Widdon admitted that February 12^th was the 16^th day after the issuance of the permit in her statement to The Atlanta Constitution."

Unfortunately Ms. Widdon was mistaken in her calculations. City Attorney, Kendric Smith, stated publicly at the Tree Commission meeting held immediately after the tree cutting that the 15 day waiting period included all of February 12th.

"The commission felt the that under the existing city tree ordinance, not enough information had been submitted by me concerning my proposed tree replacement plan and the appeal was sustained."

True the Commission felt the original tree plan was incomplete. But more importantly the Commission agreed that the plan called for a more than minimum disturbance to the land and thus did not comply with the Tree Ordinance. The Commission cited both reasons in its written decision.

"The new tree replacement plan was submitted to the City Arborist on January 26^th and approved. In her words, the plan far exceeded any plan ever submitted to the city for a subdivision plat approval."

In spite of Mr. Reynaud’s efforts to talk up the replacement trees required by his plan, the fundamental flaw in the project (excessive grading) is still there. In fact there has been no net change to the amount of grading since the plan was submitted in September. There is every reason to expect the Tree Conservation Commission will, once again, sustain the appeal. [For more info on the Commission's decision, see Decision, and particularly, page 6.]

"The current condition of the overall stand is in fair to poor condition. Most of the trees on the low portion of the site appear to have rootzone stress from equipment compaction and/or poorly drained conditions."

The trees’ condition reflects their location in a wetland/flood plain and the fact they have been left undisturbed for years . Flood plain and wetland presents a challenging environment for trees to survive. The land is often inundated and the soil is water-logged. Despite this the overall number of trees on site represents one of the most dense tree covers in the North Buckhead neighborhood.

"I am proposing a civic association to oversee the operation of a community pool facility that could be built on lot 15 which is located at the corner of Mountain Drive and North (Ivy Road)."

A community pool is a great idea, one which many neighbors would like to see somewhere on this property. But the proposed location is in the least developable part of the subdivision, a densely forested wetland. We think this portion of the property should be left undisturbed as much as possible with minimal improvements to facilitate passive use (nature trail, interpretive trail, bird sanctuary, etc.).

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