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CITY PACES
by BRAD AARON
MAYOR AND COMMISSION PUNT THE
LAND USE POLITICAL FOOTBALL
Mayor Doc Eldridge, the Athens-Clarke
County Commission and the land use plan
steering committee met together in a closed
work session the evening of Monday, August 14,
and decided, once again, to delay a vote on the
ordinance that will guide development in the
county over the next 20 years.
Open to the public, but not to public com
ment, the session was to be the last before a
Commission vote on the new development regu
lations. The vote was originally set for April, but
has been postponed several times due in part to
last-minute protests from businesses, developers
and rural property owners who fear the regula
tions will infringe upon their property rights.
Over the past few weeks, the Athens Area
Association of Realtors has mounted its own
campaign, through newspaper editorials and
full-page advertisements, to delay implementa
tion.
On the other hand supporters of the land use
_j)lan in its original form have chastised the
Mayor and Commission for reducing what was
once a fiscally and environmentally responsible
plan to little more than a blueprint for sub
urban Atlanta sprawl. They say the ordinance,
developed through exhaustive citizen input at a
cost of nearly half a million dollars, is being dis
mantled mostly to suit a small, determined core
of landholders and business interests who are
looking to profit from a lax development code.
Durinq the work session, the Commission
continued to demonstrate which side has its
attention.
Among the highlights was the discussion of
"grandfathering" RG-zoned rental units (housing
up to four unrelated occupants) within other
wise single family neighborhoods. The
Commission had previously agreed to allow land
lords to rent each unit as currently permitted for
as long as they own them. Upon change of own
ership, a five-year amnesty, permitting current
use, would apply. After that period, the unit
would return to RS status (meaning the property
IK OTHER NEWS...
The Athens Downtown Development
Authority (ADDA) has named Armando
Sanchez-Aballi as its Director of Hospitality
Affairs. Sanchez-Aballi will serve as a liaison
between the ADDA and local, state and
national hospitality industry organizations,
and will direct the Hospitality Resource
Panel, a governmental agency charged with
promoting Athens' hospitality businesses.
On August 15, the HRP hosted a tavern
management seminar for local bars, dubs
and restaurants. The seminar, sponsored by
local Anheuser-Busch and Miller Brewing
Company distributors, is the latest in a
series of panel events aimed at maintaining
a "safe, dean, and commerdaliy viable hos
pitality district"
Public Citizen, along with the
Government Accountability Project (GAP), is
challenging the Clinton-Gore HACCP meat
inspection program. In 1995, the adminis
tration reduced the number of federal
inspectors, turning much of the inspection
process over to meat producers themselves.
On September 5, Public Citizen and GAP will
release the results of a joint survey
detailing the experiences of USDA meat
inspectors with the program. Information is
available at dtizen.org.
could still be leased to as many as two unrelated
occupants, and duplexes could continue to be
rented as such).
Steering committee member Brian Kemp,
president of Kemp Development and
Construction Company and a past president of
the Athens Area Home Builders Association, said
landlords should have permanent rental rights,
even if a non-conforming structure "bums
down." Commissioner Marilyn Farmer concurred.
Mayor Eldridge said he, like Kemp and
Farmer, does not see how the county could jus
tify terminating use with a change of ownership,
as there are several non-conforming billboards
and communications towers around Athens
which have changed hands numerous times with
no use restrictions.
Commissioner C^rdee Kilpatrick said houses
carved up in "fragile" neighborhoods should be
returned to single family use: "That's something
that means a lot to the people in these older
neighborhoods."
Some in-town rental houses are "too large"
and "too antiquated" to serve single families
and serve well as student housing, said
Commissioner Hugh Logan, who added that he
would like an economic impact study on rental
units before "outlawing a type of housing
needed by the community."
Commissioner Ken Jordan suggested that
buildings built as rentals should remain as is,
and that houses converted to apartments within
single family areas should be considered differ
ently. Agreeing with Kilpatrick, he said the
Commission should act to restore single family
neighborhoods.
Farmer commented that she "certainly [did
not] have enough information" to make a deci
sion, and said the Commission should consider
the investment made by landlords into rental
properties.
"Wouldn't 'A' take care of everything 7 " Logan
asked, referring to the most permissive option
before the Commission: grandfathering all RG
properties indefinitely.
After an hour, Eldridge decided the issue
could not be resolved by September 5—the day
of the scheduled vote on the ordinance—and
announced he would remove it from the
August/September agenda.
There was disagreement on how large a C-G
(Commercial General) development should be
before requiring planning staff review. Options
included a threshold of 150,000 to 200,000
square feet of gross leaseable area, and any "dis
turbance" of over 20 acres of land.
Kemp said it would be "burdensome" for
smaller developments to be examined.
"If the [site design] standards are high
enough, the community should just roll out the
red carpet for them and let them build it," said
steering committee member and landscape archi
tect Rex Gonnsen.
Eldridge said it would be harmful to "send
out the message" that all developments would be
scrutinized; Logan said he has "seen too many
Clarke County tags in other counties spending
money," and that ACC zoning should be as "user-
friendly" as possible.
Commissioner Tom Chasteen worried that
relying on site design standards alone would
give the Commission no mechanism to control
large developments and could overload infra
structure such as the county's water supply.
The issue was sent back to planning staff for
renew.
Talk then turned to development buffers on
perennial lakes and streams. The initial regula
tions called for development buffers of 75 to 200
feet on waterways. The Commission was
unhappy with those numbers, so the options
were changed to anywhere from 50 to 100 feet,
then lowered again to either 25, 50, or 75 feet.
The Planning Commission has recommended a
50-foot minimum with a maximum of another 50
feet added based on the slope of a stream's
bank. This option is also recommended by the
University of Georgia Institute of Ecology.
Yet ACC Attorney Ernie DePascale has com
plained of a lack of scientific oasis for any buffer
over 25 feet on perennial streams and 100 feet
on large rivers, as required by Georgia law. At
the work session, he proposed the Commission
eliminate "two or three" of its options, and
asked developer Kemp to guide the Commission
on which ones to exclude.
"Isn't the state going to 50 feet [mini-
mums]?" asked steering committee and
Federation of Neighborhoods member Scottie
Atkinson.
DePascale replied that the state's intentions
were unclear. Commissioner Charles Carter said
the Commission should implement a 25-foot
buffer and raise it if the state minimum changes.
Logan agreed, saying adhering to the minimums
would "put us in the same place as our brothers
and sisters across the state."
After Commissioner Kilpatrick suggested they
follow the Planning Commission's recommenda
tion of 5C feet. Commissioner Harry Sims said,
"speaking for Mr. Barrow," the Commission
should leave all of its options on the table in
order to "avoid the grand debate" that would
take place upon Barrow's return.
Commissioner John Barrow, then in Los
Angeles as a Democratic National Convention
delegate, has supported higher development
buffers.
As has become custom, Mayor Eldridge and
the Commission saved debate on rural densities
for last. Choices now range from one housing
unit per five acres, resulting in an average of
one unit per 2.5 acres with a clustering bonus,
to a one-unit-per-acre allowance with no clus
tering bonus.
A straw poll conducted at a July 20 work ses
sion revealed that five Commissioners—Carter,
Fanner, Linda Ford, Logan and Alvin Sheats—
would prefer the straight one-unit-per-acre des
ignation. This option, introduced by Logan, was
added to the latest draft of the ordinance on
August 3. Some have accused the Commission of
deliberately including this "super sprawl" option
to make the alternatives seem more palatable.
There was some confusion over whether all of
the density options from the July 20 session had
beer included in the August 14 agenda. After
realizing the phrasing had changed, but the con
tent had not, Commissioner Jordan said he
didn't think the Commission understood what it
was voting for on July 20.
Tit glad we've had some time to thiiJc about
this now," said Commissioner Ford, who
announced her conclusion that low-density
zoning would not prevent sprawL Instead, Ford
suggested a sixth option, involving clustered
development of three one-acre lots per tract
every two years, or clustered subdivisions with
50 percent designated green space and a one-
unit-per-acre average density.
Scottie Atkinson reminded the Commission
that developers would have no incentive to
duster without water and sewer, and said the
lade of "greenbelt" infrastructure, coupled with
permissive zoning, would likely lead to
unchecked development of one-acre-lot subdivi
sions.
County Attorney DePascale and several
Commissioners then began to speak at once,
damoring to refute Atkinson. DePascale
addressed the audience, asking anyone who
believes large lot sizes will preserve green space
to call him and explain how.
Commissioner Carter said he agreed with
Ford. Eldridge said he, too, believes that low
density and large lot size would not impede
sprawl, and said the "big picture" is to create an
economic incentive to protect green space.
Kemp said the county should provide water
and sewer in the AR zones to promote clus
tering. Commissioner Farmer restated her posi
tion that the greenbelt has been preserved by
current zoning.
Mayor Eldridge remarked that Athens-Clarke
has felt no negative effects from sprawl from
within the county, and that any problems the
county has experienced come from the sur
rounding area. Eldridge did not explain how per
missive rural zoning would relieve those prob
lems.
When talk on rural zoning ended.
Commissioner Logan said he had concerns about
other aspects of the development ordinance. He
said some of his constituents do not want side
walks in their neighborhoods, as called for in
residential street designs.
Logan said the expense required to comply
with design standards cn commercial buildings is
an "injustice" to small businesses, and that
cheaper buildings made of concrete block and
metal siding—discouraged in the ordinance—
can be attractive as well. He said he would also
like to address regulations limiting parking in
front of commercial structures—another aes
thetic feature of the ordinance.
This house on King Avenue, origionally slated for demolition in Athens Regional Medical Center's expansion
plans, will be used as the hospital's Corporate Communications office. Not back or. the market, but not bad.
AUGUST 23, 2G00