Atlantic Steel
Atlantic Steel: Final Version Phase 1
ATLANTIC STEEL REDEVELOPMENT
PROJECT XL
PHASE 1 PROJECT AGREEMENT
Introduction
The U.S. Environmental Protection Agency (EPA),
with the cooperation of State and local authorities, has initiated Project
XL to work with interested companies to develop innovative approaches
for addressing environmental issues. Project XL encourages companies and
communities to come forward with new approaches that have the potential
to advance environmental goals more effectively and efficiently than have
been achieved using traditional regulatory tools.
Atlantis 16th, L.L.C. (hereafter referred to as Jacoby or Jacoby Development
Corporation), a developer in Atlanta, GA has proposed redevelopment of
a 138-acre site currently owned by Atlantic Steel near Atlanta's central
business district. The proposed development is a mix of residential and
business uses. The project plans include a multimodal (cars, pedestrians,
bicycles, transit linkage) bridge that would cross I-75/85 at 17th Street
and provide access ramps as well as connecting the site to a nearby MARTA
(the Metropolitan Atlanta Rapid Transit Authority) mass transit station.
Jacoby has worked intensively with representatives of EPA, the State of
Georgia, local authorities, and public stakeholders to develop a site-specific
Project XL Agreement that will allow implementation of this redevelopment.
The project site currently suffers from poor accessibility due to the
lack of a linkage to and across I-75/85 to midtown and to the existing
MARTA rapid rail transit system in Atlanta. Construction of an interchange
and multi-modal bridge across I-75/85 at 17th Street would improve access
to the site. The bridge would also serve as a vital linkage between the
Atlantic Steel redevelopment and the MARTA Arts Center station. Completion
of the redevelopment proposed by Jacoby is predicated upon improving multi-modal
access to the area. In addition, construction of the 17th Street bridge
was one of the City of Atlanta's zoning requirements for the project.
Why Is Project XL Necessary?
Jacoby is participating in Project XL for the Atlantic Steel redevelopment
because neither the 17th Street bridge nor the associated I-75/85 access
ramps would be able to proceed without the regulatory flexibility being
allowed by EPA under this Project. Atlanta is currently out of compliance
with federal air quality conformity requirements because it has failed
to demonstrate that its transportation activities will not exacerbate
existing air quality problems or create new air quality problems in the
region. The Clean Air Act (CAA) generally prohibits construction of new
transportation projects that use federal funds or require federal approval
in areas where compliance with conformity requirements has lapsed. However,
projects which are approved as transportation control measures (TCMs)
in a state's air quality plan can proceed -- even during a conformity
lapse. EPA approves state air quality plans, including TCMs contained
in the plans.
What Flexibility is EPA Granting?
The flexibility Jacoby is seeking through Project XL is to regard the
entire brownfield redevelopment project, including the 17th Street bridge,
to be a TCM. The flexibility under Project XL is necessary because the
redevelopment likely would not qualify as a TCM in the traditional sense.
There are two components to the flexibility.
1) The first part of the flexibility is to consider the entire Atlantic
Steel redevelopment to be a TCM. That is, EPA would view Atlantic Steel's
location, transit linkage, site design, and other transportation elements
(e.g., provisions for bicyclists; participation in a transportation management
association) together as the TCM. Under the Clean Air Act, a project must
demonstrate an air quality benefit to be considered a TCM. The Clean Air
Act lists several types of projects that can be TCMs but its language
does not limit TCMs to the measures listed. Those listed in the CAA include:
projects that improve public transit; employer-based transportation management
plans; projects that limit certain metropolitan areas to non-motorized
and pedestrian use; programs to provide both travel and storage facilities
for bicycles; and others.
The plan for the Atlantic Steel redevelopment incorporates many elements that could be TCMs by themselves, for example, the linkage to transit, the requirement that employers at the site will join or form a transportation management association, restricted access of certain areas of the site for pedestrian use, and paths for bicyclists and pedestrians. EPA believes that the combination of these elements will have a positive effect on reducing emissions. Under the Clean Air Act, a "transportation control measure" must actually be a measure -- an activity undertaken, a transportation project built, a program implemented.
2) The second aspect of the flexibility sought under Project XL concerns
use of an innovative approach to measuring the air quality benefit of
the Atlantic Steel redevelopment. EPA will measure Atlantic Steel's air
quality benefit relative to an equivalent amount of development at other
likely sites in the region. This type of comparison is available only
to this particular redevelopment through the Project XL process. The entire
Atlantic Steel redevelopment would attract new automobile trips and result
in new emissions. Therefore, redevelopment of the site when considered
in isolation would not qualify as a TCM in the traditional sense. EPA
believes that the Atlanta region will continue to grow, and that redevelopment
of the Atlantic Steel site will produce fewer air pollution emissions
than an equivalent quantity of development at other sites in the region.
Why Is this Flexibility Appropriate?
EPA believes the flexibility described above is appropriate for this project
because of the unique attributes of the site and the redevelopment. EPA's
intention to grant flexibility to this project is a result of the combination
of unique elements listed below. In the absence of these elements, EPA
would be unlikely to approve new transportation projects during a conformity
lapse.
1) The site is a brownfield. An accelerated clean-up of the site will
occur if this XL Project is implemented. The clean-up and redevelopment
of the former industrial site aligns with EPA's general efforts to encourage
clean-up and reuse of urban brownfields. The likely alternative would
be an underdeveloped, underused industrial parcel in the middle of midtown
Atlanta.
2) The site has a regionally central, urban location. EPA believes it
is environmentally beneficial for development to occur where infrastructure
and transportation alternatives exist to support it. Redeveloping this
property will result in a shift of growth to midtown Atlanta from the
outer reaches of the metropolitan area. Because of the site's central
location, people taking trips to and from the site will be driving shorter
average distances than those taking trips to and from a development on
the edge of the city. Shorter driving distances will result in fewer emissions.
3) The redevelopment plans include a linkage to MARTA. This linkage would
make it possible for those who work at the site to commute without a car
and would serve residents of Atlantic Steel as well as residents of surrounding
neighborhoods. In addition, the transit link is valuable for those coming
to the site for non-work purposes, such as dining, shopping, and entertainment.
4) The site design incorporates many "smart growth" site design
principles. These principles include features which promote pedestrian
and transit access rather than exclusive reliance on the car. Using these
concepts, the redevelopment will avoid creating areas that are abandoned
and unsafe in the evening, hotels and offices will be located within walking
distance of shops and restaurants, shops that serve local needs will be
located within walking distance of both the Atlantic Steel site and the
adjacent neighborhoods, and wide sidewalks will encourage walking and
retail use. Jacoby has also responded to the adjacent neighborhood's request
for public parks, designating public space to central locations rather
than relegating it to the edge.
5) The redevelopment incorporates many elements that could qualify as
TCMs by themselves. In addition to the linkage to mass transit, the redevelopment
will participate in a transportation management association (TMA). The
TMA will monitor the number and type of vehicular trips and will create
transportation management plans that would be implemented if specified
performance criteria are not met.
With the exception of the site's accelerated clean-up, all of these elements
will have an impact on transportation decisions of people who begin and/or
end their trips in the Atlantic Steel site. The combination of the site's
location in a central urban area, connection to the existing transit system,
design that promotes pedestrian access, establishment of a TMA, and provision
of bicycle and pedestrian conveniences are expected to work together to
reduce growth in auto traffic in the Atlanta region. The redevelopment
could demonstrate that the application of smart growth concepts can make
a difference in travel patterns, even in Atlanta -- where people drive
more per capita than any other city in the country. Therefore, EPA intends
to use regulatory flexibility under Project XL to seek approval for the
redevelopment and its associated transportation projects to proceed as
a TCM.
What is the Phase 1 Project XL Agreement?
This Phase 1 Project XL Agreement is the first phase of a two-part agreement
between EPA and Jacoby. It spells out the intentions of Jacoby and EPA
related to development and implementation of this project. On February
24, 1999 a notice was published in the Federal Register announcing
the availability of the draft Phase 1 Project Agreement for a 14 day public
comment period. Comments received during that period and EPA responses
are included in Appendix I. Like all Project XL Agreements, the
Phase 1 Project Agreement itself is not legally binding -- legally enforceable
commitments described in the Phase 1 Agreement will be contained in separate
legal documents such as the State Implementation Plan and approved Remediation
Plan.
Due to the complexity of the project and the numerous processes and analyses
necessary to implement it, EPA and Jacoby have adopted a two-phased approach
to the Project XL Agreement. This Phase 1 Agreement contains as much detail
as possible at this time regarding the project and the intentions of each
party. An additional Final Project Agreement between EPA and Jacoby will
be signed in the future. Today's Phase 1 Agreement describes areas where
further details are needed or additional discussions between EPA, Jacoby
and stakeholders will occur. EPA and Jacoby hope to sign the Final Project
Agreement in June, 1999.
Table of Contents
I. PartiesII. Purpose of the Phase I Agreement
III. Description of the Project
IV. Stakeholder Involvement Process
V. Implementing Jacoby's Vision for the Atlantic Steel Site
- Pedestrian Friendly Environment
- Mass Transit
- Brownfield Remediation
- Water Use Reductions
- Erosion/Stormwater Control
- Pollution Prevention
- Energy Conservation
- Solid Waste Management
VI. Project XL Acceptance Criteria
- Environmental Results
- Cost Savings/Paperwork Reduction
- Stakeholder Support
- Innovation/Multi-Media Pollution Prevention
- Transferability
- Feasibility
- Monitoring, Reporting and Evaluation
- Shifting the Risk Burden
VII. Implementing Project XL for Atlantic Steel
- EPA Intentions
- Jacoby Intentions
- Project XL Performance Targets for Atlantic Steel
- Proposed Milestones
VIII. Project Implementation
- Legal Basis
- Non-Party Participants
- Process for SIP TCM Adoption
- Enforcement of SIP TCM Provisions
- Applicability of Other Laws or Regulations
- Authority to Enter Agreement
- Rights to Other Legal Remedies Retained
- Reporting/Annual Reports
- Unavoidable Delay
- Dispute Resolution
- Duration
IX. Withdrawal or Termination
- Expectations Concerning Withdrawal or Termination
- Withdrawal or Termination Procedures
XI. Transfer of Project Benefits and Responsibilities
XII. Periodic Review
XIII. Signatories and Effective Date.
Appendix A: City of Atlanta zoning conditions including original site plan drawings
Appendix B: Stakeholder Participation Plan
Appendix C: List of Stakeholders
Appendix D: Original site plan drawings.
Appendix E: Letters of support from various governmental and private sector Stakeholders.
Appendix F: Remediation work plan approved by Georgia EPD.
Appendix G: Description and discussion of the air impacts analysis methodology and results.
Appendix H: Proposed TCM process schedule.
Appendix I: EPA responses to public comments on draft Phase 1 Agreement.
PHASE 1 PROJECT AGREEMENT
I. PARTIES
The Parties to this Project XL Phase 1 Agreement are the United States
Environmental Protection Agency (EPA) and Atlantis 16th L.L.C. (Jacoby).
Other entities may be parties to the Final Project Agreement.
II. PURPOSE OF THE PHASE 1 AGREEMENT
Project XL is a pilot program to test new approaches for meeting environmental
goals and responsibilities. This site-specific Agreement will allow EPA
to gather data and evaluate experiences that will help the Agency make
sound decisions as it considers ways to improve the current regulatory
system. While EPA, working with state and local agencies, hopes to transfer
flexible new approaches in this Agreement that are determined to be successful
into the current system of environmental protection, careful analysis
of the results of the Project is a necessary prerequisite for broader
implementation. In this Project, the use of flexibility to allow a major
downtown redevelopment with associated transportation improvements to
proceed during a conformity lapse raises complex legal, policy, and scientific
issues and uncertainties. These issues and uncertainties will require
extensive post-implementation analysis before EPA can determine whether
such flexibility can or should be offered to other entities in the future.
Therefore, as with all XL Projects, the flexibility granted in connection
with this Agreement, in and of itself, establishes no precedent with regard
to other redevelopment projects. Entities contemplating projects requiring
equivalent or similar flexibility to proceed should be aware that EPA
does not intend to consider additional requests for flexibility until
the results of this Agreement have been received and analyzed.
The Parties enter into this Project XL Phase 1 Agreement (Agreement) to
accomplish four principal purposes. They are:
To describe how Jacoby intends to attain measurably Superior Environmental Performance when compared to similar types of real estate developments, as contemplated by EPA's Project XL criteria.
To describe the commitments of EPA regarding the flexibility needed by Jacoby to accomplish the Superior Environmental Performance described in this Agreement and also to describe the related commitments made by Jacoby.
To identify the procedures, processes and approvals necessary to allow this project to go forward.
To state that the Parties do not intend to create legal rights or obligations by this Agreement, and describe rules, permits, or other mechanisms by which EPA intends to implement the provisions described in this Agreement.
III. DESCRIPTION OF THE PROJECT
Jacoby seeks to construct a mixed-use infill development on approximately
138 acres of property ("Property") in the heart of Midtown Atlanta,
Georgia. When the redevelopment is complete, the Property will include
a combination of residential, office, retail and entertainment space in
a pedestrian oriented environment with linkage to rapid rail mass transit.
The Property is currently home to the Atlantic Steel Mill, an old industrial
steel mill which has operated at the Property for almost a century and
which ceased operations in December, 1998. Construction of the project
will allow remediation of the property to occur.
The project site is located on the western boundary of the I-75/85 corridor
(a 14-lane interstate highway system), the major downtown thoroughfare.
Most existing office and retail development in the area is located on
the eastern side of this thoroughfare. As such, the site currently suffers
from poor accessibility due to the lack of a linkage to most of the existing
development in the area. As part of this Project, construction of a bridge
across the thoroughfare to create this linkage is proposed. In addition,
the bridge would provide a connection to the existing rapid rail transit
system in Atlanta (the Metropolitan Atlanta Rapid Transit Authority or
MARTA) and access to and from the Interstate system. Without the bridge,
the development is not economically viable. Moreover, the City of Atlanta
made the bridge a condition to the rezoning necessary for the proposed
redevelopment.
Jacoby has submitted a conceptual design of the 17th Street bridge and
interchange to the Georgia Department of Transportation (GA-DOT). The
conceptual design includes two lanes in each direction for vehicular traffic,
dedicated bicycle and pedestrian throughways, the capacity for future
addition of a light rail line to link the site to the Arts Center MARTA
station, and access ramps to and from I-75/85. Submission of the conceptual
design to GA-DOT is an initial step in seeking necessary approval from
transportation authorities including GA-DOT and the Federal Highway Administration
(FHWA). Jacoby hopes that a final design for the 17th Street bridge and
transportation corridor will be approved in 1999. More details regarding
the bridge design will be contained in the Final XL Project Agreement.
Current regulatory conditions and Atlanta's non-attainment status prevent
construction of the bridge unless the entire Atlantic Steel redevelopment
project is considered a transportation control measure (TCM). Jacoby has
requested and proposed to EPA that the mixed use redevelopment and transportation
linkage components of this project, in conjunction with the brownfield
remediation which will occur if the project proceeds, be considered as
an XL Project for the express purpose of determining whether, considering
the totality of circumstances, the Project can be considered a TCM.
Jacoby and EPA intend to use the creativity and flexibility allowed by
Project XL to determine the overall superior environmental benefits which
will result from the project. The proposed project could serve as a model
of infill land development -- an alternative to what is often referred
to as "sprawl." As distinguished from sprawl, the urban livable
community proposed by Jacoby at the Property would result in moderate
to high concentrations of residential and employment trip ends, a vertical
and horizontal integration of land uses, and a highly interconnected vehicular,
pedestrian and bicycle circulation system both within the development
and to adjacent areas of midtown and rapid rail transit. It is anticipated
that when all of the components are collectively considered, the project
will qualify as a TCM and thus the redevelopment may occur even though
a conformity lapse exists in the Atlanta Metropolitan Area.
IV. STAKEHOLDER INVOLVEMENT PROCESS
Stakeholder involvement is considered essential by both Jacoby and the
EPA and has been an important part of the concept and rezoning considerations
since the project began in early 1997. It is important to note that multiple
public meetings, discussion groups, individual contacts, and a full public
notice and review process relative to this project was held during the
rezoning of this property. That process included the City of Atlanta Planning
Department, Georgia Department of Transportation, Atlanta Regional Commission,
nine neighborhood organizations, and several other groups such as the
Midtown Alliance and Georgia Tech. These groups collaborated on the concept,
design, and conditions put in place in the City of Atlanta rezoning document.
These changes and conditions replaced the existing land use zoning classification
of industrial with a mixed-use classification including residential, retail,
office, and hospitality at urban densities. Many of the measures to be
taken by Jacoby as expressed in this Phase 1 Agreement are products of
the rezoning process. The City of Atlanta zoning conditions are contained
in Appendix A.
After public input and review, the rezoning was approved 9-0 by Neighborhood
Planning Unit E which represented each of the nine involved neighborhoods,
the City of Atlanta Zoning Review Board 9-0, recommended to the City Council
by the Zoning Committee 5-0, and passed by the Atlanta City Council 15-0.
The order was signed by the Mayor, Bill Campbell as soon as it passed
through the City Council approval mechanism. The rezoning process began
in May 1997 and continues today, as one of the agreements was that a periodical
status report would be given.
The Stakeholder Participation Plan (SPP), Appendix B, is intended
to supplement previous activities and describe the basic method by which
additional input can continue to be solicited and received throughout
the duration of the project. Stakeholder input and community goals will
be considered as the Atlantic Steel Redevelopment is implemented. Jacoby
will maintain and update the SPP to provide for continued stakeholder
involvement over the duration of this XL project. Stakeholders who have
been identified and asked to participate in the development of this Project
are listed in Appendix C.
V. IMPLEMENTING JACOBY'S VISION FOR THE ATLANTIC STEEL SITE
Current economic and growth projections for the Atlanta region suggest
that the vast majority of new development will continue to occur in suburban
"greenfield" areas. The proposal to redevelop the Atlantic Steel
site represents a significant departure from these trends.
The project constitutes a major reinvestment in the downtown Atlanta area
and would use existing infrastructure and provide a critical linkage to
existing mass transit. The proposal contains numerous features designed
to promote quality of life in a new mixed use urban community. A transportation
corridor will span the interstate and reestablish a link from the Atlantic
Steel site to existing community areas and to the Arts Center MARTA rail
station. The primary area of commercial space on the site will be located
on the east side of the site adjacent to the freeway and close to existing
large-scale development along the Peachtree Street corridor. The middle
portion of the site will be a residential village curving around a manmade
lake and within walking distance of adjacent shopping, entertainment,
office and recreation. Two high-rise residential towers will flank the
residential village to the east and west and complementary shops (coffeehouses,
convenience stores, florists, etc.) will dot the streetscape. The western
portion of the site is reserved for a technology based office and research
village affiliated with the Georgia Institute of Technology. Initial plans
for lower office densities and extensive landscaping planning will be
revised to incorporate a greater mix of uses, such as residential and
retail components. The goal is to create an active setting for technology-based
research, living, and social interaction. The proposed development will
provide the opportunity to walk between centers of residential, entertainment,
cultural, employment, and recreational uses, thus offsetting vehicular
travel and encouraging a "neighborhood" environment. Finally,
the development will reconnect existing neighborhoods to the east which
were separated with the construction and expansion of the I-75/85 corridor.
The project creates the potential to document the long-term air quality
benefits of infill developments, particularly since the project combines
improved access to rapid transit with the land use attributes of a centrally-located,
compact, interconnected, pedestrian-oriented mixed use development. Project
XL provides the opportunity to compare the proposed development to alternative
greenfield developments and thereby link the proposed development and
accompanying transportation investments for purposes of an overall air
quality analysis.
If this XL Project does not proceed, development of the property as described
in this Phase 1 Agreement cannot occur. The City of Atlanta zoning conditions
require the bridge as a precondition to construction of the proposed development
at the property. Moreover, because of the current poor access to the property,
the project cannot be economically justified without the bridge and resulting
improved access.
If the Project as described in this Agreement does not occur, greenfield
sites would likely absorb much of this growth. Continued industrial use
of the site would likely contribute adversely to the overall environmental
impact in the area. Should the bridge not be constructed, it is likely
that the property would be developed as light industrial warehouse space
with a "Big Box" retail tenant located in the eastern portion
of the property. Such a project would contain few, if any, of the features
of this XL Project which promote air quality. Moreover, if this XL Project
should fail to be implemented, little if any remediation is expected to
take place at the site. Without the sale and development of the property,
sufficient resources do not exist to undertake a cleanup. Sale of the
property and the corresponding Jacoby development is the only existing
method by which timely remediation of the property can occur.
The Jacoby Vision for Atlantic Steel is outlined below.
A. PEDESTRIAN FRIENDLY ENVIRONMENT
This project will include unique features to encourage pedestrian friendliness. In consultation with EPA, Jacoby has considered and incorporated into its site design a number of suggestions from the nationally recognized town planning firm, Duany Plater-Zyberk. Pedestrian-friendly site design features of this project include:
· Construction of walkways and open areas to connect residential, office, retail and entertainment areas within the development.
· Extra-wide sidewalks throughout the development.
· Realignment of streets to create direct connectivity between neighborhood centers of interest.
· Inclusion of a lake/park in the center of the development.
· The distance from any edge of the development to transit services (e.g., shuttle) will be a reasonable pedestrian walking distance; in most cases, under 1100 feet which is a walk of less than five minutes for the average pedestrian.
· Installation of sidewalk furniture, lighting and landscaping to encourage pedestrian use of the site.Jacoby specifically asked the City of Atlanta to include a number of these concepts in the zoning conditions: "Design standards with dimensions for streetscape, pedestrian circulation and bike paths will be indicated on the attached drawing from Thompson, Ventulett and Stainback (TVS), and pedestrian and bicycle elements will be installed concurrently with the street system. These standards are shown in the attached drawings dated February 2, 1998, stamped received by the Bureau of Planning April 3, 1998, and respectively include: (a) a plan drawing of proposed 16th and 17th Streets; (b) a section through 16th Street; and (c) a section through 17th Street." The drawings from the original site plan are contained in Appendix D. As noted above, a number of changes suggested by Duany Plater-Zyberk have been incorporated into the site plan for the redevelopment. These changes will be reflected in an updated site plan which is currently being completed. EPA and Jacoby will continue to evaluate the site plan and seek opportunities to maximize the performance of the redevelopment from an environmental performance and livability standpoint while preserving its economic viability. An updated site plan will be available in the near future and will be included as an appendix to the Final Project Agreement.
One of the most important features of this project from a connectivity standpoint is the creation of the 17th Street bridge and transportation corridor. It is called both a bridge and transportation corridor because the bike paths and sidewalks continue beyond the bridge in both directions, creating an extended corridor for biking/walking in Midtown Atlanta. The 17th Street bridge will include generous pedestrian and bike zones, including:
1. A 10'-20' wide pedestrian and bicycling linear park/throughfare, accented with streetscaping such as trees, benches, and signature lampposts. This streetscaping, particularly the trees and lampposts, would serve as a buffer between pedestrians and vehicular traffic and provide the amenities required for a quality walking environment; and
2. Bicycle lanes connecting midtown and the project and providing a key link in completing the regional bikeway network.
B. MASS TRANSIT
The most important part of the new 17th Street bridge and transportation corridor is the linkage it provides to mass transit. An integral part of this project's transit orientation is a linkage from the Atlantic Steel site to nearby mass transit at the MARTA's Arts Center Station. Future plans envision a light rail, trolley or people mover spur line from the MARTA Arts Center Station to the Atlantic Steel site. Jacoby will provide MARTA or another acceptable entity with right-of-way on the Atlantic Steel property for such a system as it develops. EPA will also work with MARTA to facilitate the eventual transit linkage. In the interim, Jacoby will provide a shuttle service from the Atlantic Steel site to the MARTA Arts Center Station. The shuttle service would begin operating when the City issues certificates of occupancy for retail components at the site. MARTA has committed to allowing access and providing appropriate interface for the shuttle service.
Jacoby will continue efforts to encourage the development of a transit loop along the western corridor of I-75/85. Central Atlanta Progress, a coalition of prominent businesses (including Coca Cola, Turner Broadcasting, CNN), has, in consultation with MARTA, committed to conduct a feasibility study which will determine the appropriate nature of the future transit connection. To continue advancing these efforts, Jacoby will work with other private and public entities to secure funding for and right-of-way commitments related to the proposed western transit loop. A letter from Central Atlanta Progress and a letter from MARTA outlining their commitments are contained in Appendix E.
The Jacoby commitment to a mass transit linkage is also embodied in the City of Atlanta Zoning Conditions: "The developer will incorporate people movers and other alternative forms of public transportation into its plans, subject to the required approvals by federal, state, City of Atlanta, and MARTA, including plans for access to the Marta Arts Center station as well as provision for connection to the rail corridor to the west and will use its best efforts to see that such transportation is provided."
C. BROWNFIELD REMEDIATION
The Property has operated for approximately 100 years as a steel mill and is currently substantially under-used and requires clean-up. While all required environmental permits are in place, significant environmental impacts remain as a result of operation of the steel mill. The closing of the industrial complex and the development of a highly integrated mixed-use property will reduce substantially and in most instances eliminate impacts on the environment caused by the steel mill.
After an extensive study of existing environmental conditions conducted by Law Engineering on behalf of Jacoby and Atlantic Steel, the Property will be remediated to acceptable risk-based levels through use of a Remediation Plan which will be approved by the Georgia Environmental Protection Division (EPD). The Remediation Plan will incorporate risk-based principles tailored to site-specific future use to assure consistency with U.S. EPA and Georgia EPD requirements for protection of human health and the environment. A work plan already approved by Georgia EPD sets forth the methodology for investigation and remediation of the site (Appendix F).
Some major components of the approved work plan include:
1) Excavation and removal to an approved off-site disposal facility of certain areas of impacted soil;
2) Creation of barriers to prevent risk of exposure to impacted soil which remains at the site;
3) Interception of groundwater at the site to prevent migration of groundwater to other sites;
4) Management of surface water runoff; and,
5) Creation of institutional controls (deed restrictions, covenants, etc.) to prevent activities which could result in exposure.
An existing RCRA unit located on a small portion of the property currently has a 20 ft x 20 ft. cap with monitoring wells and a groundwater recovery system. As a part of the remediation of the property, this area will be excavated, the waste will be removed to an approved off-site facility, and "Clean Closure" will be accomplished in accordance with regulatory requirements.
Use of institutional controls (deed restrictions, etc.), combined with engineered solutions consistent with the approved Remediation Plan will allow economically viable redevelopment. Without the currently proposed redevelopment there would be insufficient funds to implement remediation of this brownfield site. The proposed redevelopment will make possible the timely remediation and productive reuse of the site.
D. WATER USE REDUCTIONS
State laws and building codes require reduced water use in all newly constructed properties. Also, the relatively consolidated nature of this redevelopment (when compared to a greenfield development of comparable square footage which would encompass a much larger land mass) will require significantly less water use. Water conservation practices will be developed and promoted to reduce overall pollutant and hydraulic loadings to receiving waters and urban streams, and to the wastewater treatment plant. The use of flow restrictors in office buildings, homes, etc. in the planned project area and general water conservation practices will be promoted. Innovative reuses for "greywater" (reusable but nonpotable water) including landscape irrigation in green areas will be encouraged. The use of indigenous plant species will be encouraged to minimize irrigation requirements. As part of this XL Project, Jacoby is making a voluntary commitment to work with future tenants and developers to meet water use reduction goals. Jacoby and EPA will work together to articulate specific, voluntary water use goals for the development in the Final Project Agreement.
E. EROSION/STORMWATER CONTROL
The stormwater runoff from the current Atlantic Steel facility, as well as the drainage area west of Northside Drive and north of 14th Street, currently flows into a combined (sanitary and stormwater) sewer. Jacoby will install separate stormwater and sanitary systems. Such separation is not currently required by law, but Jacoby has agreed to this measure in the interest of reducing future impacts on water quality. The systems will be adequately sized to handle sanitary and stormwater discharges from the proposed project and existing flows in the catchment basin now serviced by the existing combined sewer trunk line. Plans for the Atlantic Steel stormwater sewage system will be submitted for approval to the City of Atlanta. The plan will be approved if it complies with guidelines in the City of Atlanta Stormwater Management Design Manual.
During construction of the project, all stormwater runoff will be diverted to onsite erosion and sediment control facilities. After construction, stormwater runoff will be diverted to one or more impoundments to be constructed on the property (including a "lake") and then reused as greywater or discharged to the separate storm water sewer located on the property. Structural best management practices (BMPs) and stormwater controls will operate in accordance with applicable Georgia State Law. Innovative stormwater control structures, such as modified catch basins will also be employed where practical. BMPs including the treatment process described below will be implemented to reduce or eliminate the flow of pollutants from stormwater runoff to receiving waters.
Surface runoff which leaves the site will pass through on-site BMPs and erosion control measures. The use of on-site BMPs assures that all stormwater will receive some level of treatment prior to reaching the Chattahoochee River. The commitment by Jacoby to incorporate BMPs and measures to decrease pollutant loadings and reduce flow from surface water runoff will assist the efforts of EPA, the Georgia EPD, and Atlanta to improve watershed management and achieve water quality standards.
Site design, grading, and drainage will be conducted in accordance with an approved erosion and sedimentation control plan which is required by the Georgia Erosion and Sedimentation Control Act. Surface water currently exits at the southeast corner of the property near Interstate I-85/75. Control devices including collection systems and curbing will be installed to assure that surface runoff from the development flows through treatment facilities. The treatment facilities will include screens, boxes, grates and baffles intended to help remove solid materials and prevent siltation.
The inevitable loss of some existing trees and vegetation will be compensated for by planting additional vegetation, clustering tree areas, and promoting the use of native plants. In addition, Jacoby will clearly specify how community open space will be managed and designate a sustainable legal entity responsible for managing both natural and recreational open space.
Because of the characteristics of the brownfield and the steel mill operations which existed for many years on the site, the redevelopment will be designed to minimize groundwater infiltration. To assure that no contamination leaves the brownfield site in the future via groundwater, the remediation of the property will incorporate a groundwater interceptor system to collect groundwater and divert it to on-site pretreatment facilities before discharging the flow to a sanitary sewer. Treatment of the intercepted groundwater will be provided to assure compliance with Atlanta's Sewer Use Ordinance.
F. POLLUTION PREVENTION
Given the nature of the proposed redevelopment, it will be possible to focus on the prevention and reduction of pollution at the source. The Southface Energy Institute is a national leader in sustainable building technology and offers training and support in the Atlanta Region. Jacoby has and will continue to work with Georgia Tech, EPA, Southface, and other interested stakeholders on the identification of pollution prevention application solutions for this multi-use project. As part of this XL Project, Jacoby is making a voluntary commitment to work with future tenants and developers to meet these goals. Jacoby and EPA will work together to articulate specific, voluntary pollution prevention goals in the Final Project Agreement.
G. ENERGY CONSERVATION
Strategies to prevent and minimize pollution entail the selection of construction materials and sustainable building technologies that minimize energy use. Another goal is to reduce energy consumption from heating and cooling through the siting and orientating of buildings and landscape materials in such that solar gain is maximized in winter and minimized in summer. As part of this XL Project, Jacoby is making a voluntary commitment to work with EPA, the Southface Energy Institute, Georgia Tech, and other interested stakeholders to identify and encourage future tenants and developers to participate in voluntary energy conservation programs such as EnergyStar and Green Lights. Jacoby and EPA will work together to articulate specific, voluntary energy conservation goals in the Final Project Agreement.
H. SOLID WASTE MANAGEMENT
Jacoby will continue to work with the current owner (Atlantic Steel) to implement a recycling and reuse plan for solid waste generated during the demolition of existing structures on the property. Jacoby will also encourage and facilitate aggressive recycling and reuse programs for future developers, tenants, and occupants. Jacoby and EPA will work together to articulate specific, voluntary recycling and reuse goals in the Final Project Agreement.
VI. PROJECT XL ACCEPTANCE CRITERIA
The Atlantic Steel redevelopment, as described by this Phase 1 Agreement, meets EPA's Project XL criteria. See, 60 Fed. Reg. 27,287 (May 23, 1995). EPA and Jacoby expect to confirm this determination in the Final Project Agreement when all remaining project details are available. The criteria and the bases for stating that they are met, are summarized below.
A. ENVIRONMENTAL RESULTS
EPA's first Project XL criterion states that projects should "achieve environmental performance that is superior" compared to the performance that would be obtained through compliance with current and reasonably anticipated future regulations. EPA and Jacoby believe that this project will achieve superior environmental performance (SEP) based on modeling of environmental impacts and other factors as described below. The anticipated SEP associated with this project includes the urban infill of a mixed-use, transit oriented redevelopment rather than a suburban greenfield development, leading to long-term improvements in air quality.
To evaluate the environmental impacts of the Atlantic Steel redevelopment, EPA, in consultation with stakeholders, including the Federal Highway Administration and local citizens' organizations, agreed to perform three main analyses: 1) regional transportation and air emissions impacts; 2) local carbon monoxide impacts; and 3) site level travel and multi-media impacts. A description of the analysis methodology and a thorough discussion of the results is contained in Appendix G. The results of these studies are briefly summarized below.
Previous EPA analytical work has quantified the magnitude of potential improvement in the transportation and environmental performance of a development if located to produce regional and transit accessibility. The EPA Office of Policy study "Transportation and Environmental Impacts of Infill and Greenfield Development" found that locating development on regionally central infill sites can produce emissions benefits when compared to locating that same development on greenfield sites on the fringe of the currently developed area. In three EPA case studies, predicted per-capita vehicle miles traveled (VMT) associated with a development site was reduced by as much as 61% at infill sites compared to the greenfield sites, and NOx emissions were reduced by 27% to 42%. This and related literature suggested that the Atlantic Steel project may reduce future emissions growth in the region.
Based on the case studies described above, EPA and Jacoby felt that any future emissions reductions from the Atlantic Steel redevelopment would likely result from the site's regionally central location and design compared to the location and design the growth would have taken absent development of the Atlantic Steel site. Therefore, EPA analyzed the likely environmental performance of the Atlantic Steel site at two levels. First, EPA evaluated the performance of the Atlantic Steel site relative to three other likely regional growth locations. As part of this evaluation, carbon monoxide (CO) emissions associated with the Atlantic Steel site were evaluated for potential "hot spots." Second, EPA investigated the performance of the site design proposed by Jacoby relative to likely design of the greenfields and one other potential design for the Atlantic Steel site.
Regional Location/CO Analysis. To analyze the transportation and air emissions impacts of locating new development at the Atlantic Steel site, EPA used the Atlanta regional transportation and MOBILE 5a emissions models to compare the Atlantic Steel site to three other possible development locations for similar-scale development in the Atlanta region. Where appropriate, the Atlantic Steel redevelopment was also compared to the regional average. Two facts were fundamental in the evaluation of the impacts of the Atlantic Steel site. The first was that Atlanta is projected to grow over the next 20 years. The second was that absent the Atlantic Steel redevelopment, more of this growth would likely occur in outlying areas. Analysis of regional transportation and air emissions impacts of the Atlantic Steel development show that absorbing a larger portion of Atlanta's future growth at the Atlantic Steel site would create less vehicle travel and fewer emissions than if the growth were to occur at regional sites that represent likely alternatives.
EPA also analyzed whether, if the Atlantic Steel site were developed, the additional traffic there would cause CO hot spots. Preliminary analysis indicates that CO hot spots would not occur. Areas where CO may increase tend to be those that currently enjoy a low CO concentration. Final CO analysis is underway but is not expected to significantly alter these results.
Site Design Analysis. EPA also analyzed the impacts of site design on transportation and air emissions. EPA compared the site plan proposed by Jacoby to site plans for the three greenfield sites, and to a site plan for the Atlantic Steel site created by Duany Plater-Zyberk & Co. (DPZ), a leading town planning firm. The site designs differ substantially in ways that affect travel behavior and thus emissions.
On important measures such as density, mix of use and transit access, Atlantic Steel's design as proposed by Jacoby is superior to designs which would likely occur at the alternative sites. However, the DPZ design of the Atlantic Steel site was found to be superior to Jacoby's in three respects. First, the DPZ design provides better connectivity on and off site. Second, it greatly improves the mix of uses on site by integrating them at a finer scale. Finally, the pedestrian environment is improved through better street design, more direct routing and slower traffic speeds. Jacoby has adopted many of the desirable elements of the DPZ design, however a revised site design plan was not available at the time this Phase 1 Agreement was written. As noted, EPA and Jacoby will continue to evaluate the site for opportunities to maximize its environmental performance. Once the design for the Atlantic Steel site is finalized, it will be studied again to provide a final analysis of its expected performance. A final site design will also be included as an Appendix to the Final Project Agreement.
Other superior environmental performance associated with the project includes remediation of a century old steel mill and the surrounding property, use of existing or improved water/sewer infrastructure and implementation of erosion and stormwater control. SEP will also result from Jacoby's voluntary commitments to reuse and recycling programs, energy conservation and implementation of pollution prevention processes. If the project is not approved, two likely land-use options exist for the site: 1) no sale and development of the property would occur, industrial use of the site would continue, and remediation of the site would be delayed indefinitely; and/or, 2) the property would be sold and developed for single use (i.e., "big box" style) retail as allowed under prior zoning conditions without the requirement for construction of a bridge or linkage to mass transit. EPA feels that neither of these options would be environmentally preferable to this project.
B. COST SAVINGS/PAPERWORK REDUCTION
Use of existing infrastructure including roads, sewer, utilities and mass transit will result in major cost savings when compared to building this development in an area that lacks access to existing infrastructure. EPA and Jacoby will also work together to identify opportunities to consolidate reporting requirements and reduce the paperwork burden associated with the project. The project should also be noted for its positive economic impact on downtown Atlanta.
C. STAKEHOLDER SUPPORT
As described in Unit IV above, there has been extensive stakeholder involvement in this project. Jacoby has committed considerable resources towards seeking out and obtaining the input and support of parties who have a stake in the project. Jacoby has engaged and will continue to involve a wide range of stakeholders. Direct participant stakeholders include the GA-EPD, GA-DOT, the Atlanta Regional Commission, the City of Atlanta, MARTA, the Georgia Conservancy and others. Letters from stakeholders expressing support for the project are contained in Appendix E.
D. INNOVATION/MULTI-MEDIA POLLUTION PREVENTION
EPA's pollution prevention criterion expresses EPA's "preference for protecting the environment by preventing the generation of pollution rather than by controlling pollution once it has been created." This project involves an infill redevelopment of property currently occupied by an old steel mill. Ending steel mill operations at the site will eliminate the possibility of future contamination from such operations. Developing this urban site rather than a greenfield site will end any pollution caused by the existing industrial land use while simultaneously preserving green space in the Atlanta region.
E. TRANSFERABILITY
Many aspects of this project may prove to be transferable to other developments in locations like Atlanta where economic growth has resulted in poor accessibility, traffic congestion, air quality problems and decreasing green space. If properly implemented, this project could serve as a model for redevelopment of infill properties. In addition, the City of Atlanta zoning conditions to which Jacoby agreed and assisted in drafting, along with close cooperation from surrounding neighborhoods, environmental groups and other stakeholders provides the framework by which similar infill developments can occur. The integrated, mixed-use, mass transit-connected development proposed by Jacoby within the central business district of a major city may serve as a model for the type of smart growth which EPA seeks to encourage. Jacoby will use reasonable means (e.g., technical publications, conferences and workshops) to disseminate specific lessons about its Atlantic Steel experience to other developers and urban planners, subject to Jacoby's ability to protect proprietary or confidential business information against unauthorized disclosure.
In this Project, the use of flexibility to allow a major downtown redevelopment with associated transportation improvements to proceed during a conformity lapse raises complex legal, policy, and scientific issues and uncertainties. These issues and uncertainties will require extensive post-implementation analysis before EPA can determine whether such flexibility can or should be offered to other entities in the future. Therefore, as with all XL Projects, the flexibility granted in connection with this Phase 1 Agreement and the Final Project Agreement, establishes no precedent with regard to other redevelopment projects. Entities contemplating projects requiring equivalent or similar flexibility to proceed should be aware that EPA does not intend to consider additional requests for flexibility until the results of this Phase 1 Agreement and the Final Project Agreement have been received and analyzed.
F. FEASIBILITY
Projects of the scope and magnitude of the Atlantic Steel redevelopment require the integration of resources from many sources, both public and private. While no one individual or entity is ever solely responsible for an undertaking such as this project, Jacoby has demonstrated the ability to secure the financial resources necessary to implement its vision for Atlantic Steel. Entities which have expressed an intent to purchase, lease, sublease, or otherwise financially support the project include The Mills Corporation, Post Properties, Inc., and Hines Interests. Jacoby and EPA believe that sufficient technical and financial resources exist to meet the goals of the project.
By signing this Agreement, EPA agrees that it has the authority through the State Implementation Plan approval process to grant the regulatory flexibility requested by Jacoby and described in this Agreement. This flexibility is necessary to consider the redevelopment a TCM, thus allowing for its construction once it is included in an approved State Implementation Plan.
G. MONITORING, REPORTING AND EVALUATION
EPA's monitoring, reporting and evaluation criterion articulates EPA's expectation that Project XL sponsors will make project information, including performance data, available to Stakeholders in a form that is easy to understand. Information about this project can be found on the Project XL web site, https://www.epa.gov/projectxl; and on the Jacoby web site, http://crbrealty.com/.
This Agreement provides for monitoring, for reporting to the Agencies and Stakeholders, and for periodic performance evaluation. The means of reporting, semi-annual and annual reports and an annual meeting near the project site (with advance notice) and the availability of backup data on request should make information regarding the project accessible. Moreover, many of the measures Jacoby intends to implement as discussed in this document are City of Atlanta zoning conditions and are therefore required before the project can be developed. Regulated activities not addressed by this Agreement or the Final Project Agreement should adhere to the appropriate reporting requirements.
As part of its TCM application to the Atlanta Regional Commission, Jacoby has agreed to provide an independent contractor for project monitoring purposes. The independent contractor would monitor planning, construction and compliance with the terms of the TCM and report progress to Jacoby, EPA, and other interested stakeholders.
A transportation management association (TMA), which Jacoby has committed to support and participate in, will conduct an annual commute mode survey and monitor transportation-related issues at the redevelopment. EPA, Jacoby, ARC, the City of Atlanta, the Midtown Alliance and other stakeholders are currently investigating options for participation of the Atlantic Steel development in a larger transportation management district (TMD) which may include other relevant areas of Midtown. EPA and Jacoby expect to include additional details regarding the role of the TMA/TMD in the Final Project Agreement.
H. SHIFTING THE RISK BURDEN
Jacoby and EPA continue to analyze Executive Order No. 12898 on Environmental Justice, and do not expect the Project to result in unjust or disproportionate environmental impacts. Jacoby will follow applicable state and federal requirements (including OSHA standards) to ensure worker safety during its construction and implementation of the Project.
The environmental benefits EPA and Jacoby expect from this project will accrue to the region as a whole (with the exception of the site clean-up). However, the possibility of increased traffic volumes and congestion in the immediate vicinity of the Atlantic Steel site raised the concern that Carbon Monoxide (CO) "hot spots" might occur -- thereby creating risk in the immediate area. EPA analyzed predicted traffic patterns to determine if any CO "hot spots" are likely. The results of EPA's preliminary analysis suggest that implementation of the project and resulting traffic will not produce any new, local-area exceedances of the CO health-based standard. The analysis showed that sections of road which are likely to experience increases in CO currently enjoy relatively low levels. The analysis also showed that roads which currently have relatively high levels of CO would not increase, and in some cases actually experience slight declines.
The additional access provided by the proposed construction is expected to decrease CO emissions rates on existing roads with higher levels of traffic, while increasing CO emissions rates from low to moderate levels on less utilized roads. While these preliminary results suggest that the proposed Atlantic Steel project will not produce new CO hot spots, EPA is conducting further analysis on local CO concentration levels, taking into account wind-driven dispersion and concentration.
The Parties expect the project to result in reductions in long term air emissions which benefit all persons working in or living in the Atlanta region and that implementation of this project will have a desirable impact on Atlanta's overall environment and growth. Moreover, any person or organization expressing interest in this project has been welcomed to participate as a stakeholder.
VII. IMPLEMENTING PROJECT XL FOR ATLANTIC STEEL
This Phase 1 Agreement identifies administrative mechanisms that EPA intends to propose for public comment to implement Project XL for Jacoby's Atlantic Steel Re-development.
A. EPA INTENTIONS
EPA expects to certify to the Georgia EPD and the Metropolitan Planning Organization that the proposed redevelopment will result in a demonstrable air quality benefit and is entitled to treatment as a Transportation Control Measure under § 108 of the Clean Air Act. This TCM would be included in the Georgia State Implementation Plan so that construction of the project can proceed despite the conformity lapse in the metropolitan Atlanta area.
EPA will continue to facilitate, in a timely manner and through use of Project XL and the regulatory flexibility it provides, the development of a TCM.
EPA will work with Stakeholders and the appropriate local, regional, state and federal agencies in order to complete the TCM process within the schedule contained in Appendix H.
EPA will review the redevelopment project and bridge collectively to determine whether, in combination, they result in superior environmental performance.
EPA will work with Jacoby, the City of Atlanta, MARTA, and all interested parties to facilitate the improvement of the transit connection (e.g., light rail, trolley) between the Atlantic Steel site and the MARTA Arts Center Station.
EPA will work with Jacoby and all interested parties to encourage and facilitate the development of a transit loop on the West side of the I-75/85 corridor.
EPA will continue to provide resources to maintain the schedules set forth in Appendix H.
B. JACOBY INTENTIONS
1. Enforceable
Jacoby will provide of right-of-way in the development to MARTA or another acceptable entity for the construction of an appropriate transit linkage including a station if necessary, connecting the Atlantic steel site to the Arts Center MARTA station;
TCM obligations will be included in an approved SIP which is enforceable under the CAA. EPA expects to approve the SIP if the TCM includes, at a minimum, the following obligations:
Jacoby will provide an interim shuttle service to the MARTA Arts Center Station after construction of the 17th Street bridge and after of certificates of occupancy are issued for retail components of the development. Jacoby will continue to provide this service until MARTA or another entity assumes responsibility for a mass transit linkage, or for the duration of this Agreement, whichever is less. The TCM will include the duration and operating details regarding the shuttle service such as number and location of stops, headways and capacity.Jacoby will provide funding or a funding mechanism for the establishment of a Transportation Management Association (TMA).
Commitment in the TCM from the appropriate party that the 17th Street bridge will include capacity sufficient to accommodate a mass transit upgrade, a dedicated bicycle lane, and a pedestrian walkway.
incorporation of people movers and other alternative forms of public transportation within the project;
Obligations associated with the Remediation Plan are enforceable by Georgia EPD.
The TCM will include specific mitigation measures to be undertaken by the TMA if a specified threshold for air quality performance is not met.
Obligations associated with the volume, quality and direction of stormwater runoff and erosion from the site are enforceable by the City of Atlanta and the Georgia EPD.
The zoning conditions (Appendix A) are enforceable under Atlanta's land development code by the City of Atlanta and certain real estate owners who meet the conditions described in Atlanta's land development code. These conditions include but are not limited to:inclusion of at least seven acres of open space;
"The developer will use its best efforts to ensure that residential components are developed in advance of or concurrent with retail/commercial space...";
incorporation of streetscape, pedestrian circulation and bike paths concurrent with the street system;
pedestrian and open space measures must be implemented prior to Certificates of Occupancy being issued;
implementation of the Remediation Plan;
clearing and grading permits will not be issued before a stormwater drainage plan has been approved by the Department of Public Works;