UPDATE: DM has obtained a copy of the lawsuit.  Click HERE to read it in full.

A group of neighboring residents called the “Coalition for Responsible Decatur Growth” sent a note around yesterday evening informing neighbors that an appeal of the City’s decisions surrounding the 315 West Ponce mixed-use development had been “filed with the DeKalb of the City’s decisions in DeKalb Superior Court under an action called a Mandamus.”  According to the Superior Court’s website, the appeal was filed on June 14th.  The list of defendants includes the City of Decatur, the Zoning Board of Appeals and the developer Carter USA.  The letter goes on to say…

We are asking the Court to make the City go back and do it right in several of the areas noted in our May Appeal to the Zoning Board. We also want to legally look at what happened to the 2008 Ordinance that approved a smaller development with more protections for us and the neighborhood.

The note also states that the group is looking to raise $10,000 to pay for legal fees associated with the appeal.

We’ve reached out to the city for comment and will let you know if we receive reply.

According to Patch, residents of 335 West Ponce de Leon Ave and in the surrounding neighborhood have filed separate but identical appeals against the 315 West Ponce de Leon Ave mixed use development project approval process, which was officially announced by Carter yesterday and was approved by the DDA in December.  The appeal also questions the changes made to the zoning ordinance by the City Commission in December 2012.

The Notice of Appeal posted on Patch details the following concerns:

1. The Zoning Administrator failed to follow the procedures established in the acceptable ordinance for providing public notice.

2. The Zoning Administrator failed to consistently apply the relevant requirements and standards for the Downtown Multiple Dwelling developments and developments in the Special Pedestrian Area to the development proposal.

3. The Zoning Administrator has not addressed applicable ordinances, which require variance approval by the Zoning Board of Appeal

4. Revised ordinances relating to Downtown Multiple Dwellings and C-2 zoned districts passed by the City Commission, December 3, 2012, conflict with wording and intent with multiple ordinances currently in effect.

5. Noncompliance with zoning code procedures for due process re: the change to Ordinance O-08-Z-11

You can read the detailed arguments behind these concerns over in the full notice of appeal.  But here also is the conclusion:

There are numerous errors on the part of the Zoning Administrator in making decisions, determinations and recommendations to the DDA that the project as proposed for 315 W. Ponce de Leon Avenue is “Zoning compliant.”  The DDA Resolution, being based on incorrect information should be set aside.  A legal determination needs to be made as to the applicability of the revised code, ostensibly adopted on December 3, 2012, and the status of the existing DMD use with conditions for this property.  The project could conceivably proceed under Ordinance #O-08-Z-11.

Patch also posted part of a letter that DeKalb County Commissioner (and 335 resident) Kathie Gannon wrote to 335 residents this week, which said in part…

Read the rest of this entry »

After over a year of debate and controversy, the 315 W. Ponce development goes before the city commission for final approval tonight at 7:30p, after being OKed by the Planning Commission last Thursday.

In recent weeks, the developer has made considerable concessions to the neighborhood, reducing the number of total units in the complex by eliminating the proposed building along West Ponce.  And though its hard to gauge an overall neighborhood reaction, it sounds like a majority of those at the forefront are relatively satisfied with the current plan.  From Livable Growth…

While the project seems headed in the right direction, there are still alternations that can and should be made (implementing traffic calming, creating a site plan for the whole property, anticipating future parking needs).

Personally, I’ve learned a great deal about the complexities of Decatur development from this project.   Looking back, I’ve written around 40-50 posts regarding 315 in one form or another since November 2007.   Its been an interesting debate and one I hope we can all learn from.  With all the inherent issues built up around “C-2 zoning next to R-60″, now is the time to be preemptive with the remaining examples of C-2/R-60 left within the city limits.

Where are they?  I guess that’s the subject of another post.

Mark your calendars, because over on the Oakhurst Message Board, Wardell has posted all of the upcoming city meetings when the 315 W. Ponce development will be up for discussion.

Here they are according to his post…

* July 18, 8:00a, City Hall Commission Room : Presentation of project to DDA

* August 7, 7:30p, City Hall Commission Room: Presentation of project to Planning Commission

* August 11, 7:30p, City Hall Commission Room: Consideration of variances by Zoning Board of Appeals

* August 18, 7:30p, City Hall Commission Room: Consideration by City Commission

The post also says that over on decatur.livablegrowth.org, you will find “developer’s plan and filing paperwork, the City’s traffic study and the developer’s parking study” (things I really want to see) but I can’t find them anywhere. Can someone help me out?  UPDATE: In the comments section, Baron said that he should have them posted in the next few days.

And a slight aside…in a follow up post, Wardell cites back up on Ponce and a “waterfall of cars” coming off Nelson Ferry on Friday afternoon. This was true, however it was not the normal traffic pattern…this was due to the downed tree on Scott that was diverting traffic through the neighborhood. Which leads me to a question for Clairemont-Great Lakes residents…when is your cut-through traffic worst? Because I sometime walk my dog down Oakland and Ponce Place in the morning (around 8-8:15a) and I don’t usually have more than a few cars pass me. I’d just like to get an idea of the existing traffic flow.

We’ve received word from Lyn Menne that the 315 W. Ponce working group meeting that was scheduled for tonight (where development plans were scheduled to be unveiled to the neighborhood) has been delayed two weeks so they can “allow [the developers] time to get some additional costing information pulled together that would directly impact the concepts they present.”

Though tonight’s meeting will be delayed, it is not expected that this push back will delay the larger public input session in mid-April.

I guess we’ll just have to be patient for a little longer before we get a chance to pour over these documents.

Also, the neighborhood has posted their note from Lyn on their website for anyone that’s interested.

Thanks to everyone who kept me in the loop on this!