About Flagpole. (Athens, Ga.) 1987-current | View Entire Issue (Sept. 13, 2000)
CITY PACES by BRAD AARON LAND RUSH STILL ON: MAYOR.COM FINAGLE The September 5 monthly business session was a hectic one for the Athens-Clarke County Mayor and Commission, who voted on every thing from bike lanes to a county-wide develop ment moratorium. The meeting was no less trying for citizens, many of whom packed City Hall in support of a temporary moratorium on rezoning only to watch the Commission deny the move by a 7-3 vote. Commissioner Ken Jordan proposed the mora torium at the Mayor and Commission's August 15 monthly agenda setting sessioi. Jordan origi nally called for a freeze on all zoning related activity, but later narrowed his proposal to apply only to rezoning requests. The moratorium was to be in effect until January 1, 2001, or until the Commission enacted Athens-Clarke's new development ordinance, whichever came first. Jordan said the action would prevent hap hazard "spot zoning" until the Commission passes the ordinance, and that it would motivate IN OTHER NEWS... « - , The Boston Herald reports that on September 1, a federal judge rejected Green Party Presidential nominee Ralph Naders request to block corporate funding of the upcoming Presidential debates The debates, sponsored by the Commission on Presidential Debates (CPD), are underwritten by several major corporations, including Anheuser-Busch and AT&T. On September 6, Nader formally requested to be included in the debates in a letter to the chairmen of ABC, CBS, NBC, PBS, CNN, Fox and C-Span. Nader told the executives that the CPD events "are fhwed in that they effectively deny major third-party candidates a voice in the debates." For more information, see City Pages, August 23, on-line at ftagpole.( v 'm. The Athens-Clarke County Recycling Division will host a birthday party for its Materials Recycling Facility (MRF) on Saturday, September 16. The party will include a fashion show featuring clothing made from recycled products. Among the models will be Mayor Doc Eldhdge, ACC Commissioners Charles Carter, Cardee Kilpatrick and Harry Sims, and former Mayor Gwen O'Looney. The event starts at 1:00 p.m. at the MRF, 699 Hancock Industrial Way. "Recycled T-shirts" will be given to the first 100 children under 12 who bring two empty plastic bottles. The first 100 adults who bring two cans of food will receive a "recycled prize." The White House Millennium Council has designated the North Oconee Greenway as a Millennium TraiL According to an Athens- Clarke County news release, the Millennium Trail project is aimed at creating "a nation wide network of trails that protect the nat ural environment, interpret history and cul ture, and enhance alternative transporta tion, recreation, and tourism." Millennium Trails is a combined effort of the White House Millennium Council, the Department of Transportation, the Rails-to-Trails Conservancy, the National Endowment for the Arts, and other public and private orga nizations. "Eventually," the release says, "it is hoped that every community in America will be connected through a series of Millennium Trails." the Commission to focus on the ordinance in the meantime. Now close to three years in the making, the ordinance—wnich will enable the county to enforce its new comprehensive land use plan— has stalled due to recent opposition from devel opers, business interests. Realtors, and a small number of "greenbelt" property owners. Jordan spoke to some of those concerns at the September 5 business session, saying "the advantages (of the new land use plan] are as much to the developer as they are to the com munity." Under the current code, Jordan said, anyone requesting to rezone a parcel of land is subject to a "crapshoot." Having filled the City Hall chamber with green-tipped voting sticks and "Stay Green" and "Moratorium Now" signs, supporters of Jordan's proposal addressed the Commission. "You may have your reasons for not wanting to pass a moratorium tonight," said States McCarter, who is running for the retiring Jordan's District 8 Commission seat in this November's election. "I believe here in Athens- Clarke County we suffer from legal paranoia." During Commission work sessions dealing with the development ordinance, ACC Attorney Ernie DePascale has often warned the Commission of possible lawsuits over various land use issues. "We should have a moratorium until we've had a reasonable land use plan enacted," said Alfred Rucker, the Athens resident behind the "Stay Green" movement. "You're voted in here to do this, and we expect you to do it." Others reminded the Commission of the strain new development will put on the county's water supply and the impact of setting bad precedents through spot zoning. Jason Henderson said a moratorium can be pro-growth and pro-business in that it shows outsiders that Athens wants a good land use plan. At one point, Gene McCarthy of Friends of Five Points asked all those in the chamber who backed the moratorium to stand, bringing three- fourths of the crowd to its feet. But not everyone supported the idea. Brian Kemp, a developer who serves on the develop ment ordinance steering committee, said a mora torium would infringe on property rights. "We ve been doing business under current laws for the last 10 to 15 years," Kemp said, adding that a moratorium is unnecessary because it would not meet the legal standard of being a "life, health or safety issue." Michael LeHoullier, now campaigning against Commissioner John Barrow for his District 4 seat, said he is "not against green space," but said that a moratorium would be "irresponsible." Jordan made a motion to adopt the morato rium, and Barrow seconded. Barrow reiterated Jason Henderson's point that a moratorium is not "anti-business." "All we're talking about at this point is stop ping the process of rezoning," he said. Commissioner Turn Chasteen said he agreed that a moratorium would lead to quicker imple mentation of the development ordinance. Chasteen recalled a 10-week period over the summer with no action on the ordinance—after Mayor Doc Eldridge had Relayed a vote pending further discussion. Commissioner Cardee Kilpatrick said she could not vote for a moratorium, which she con siders illegal, just because the Commission "can't get its act together." She suggested a series of votes on the remaining policy issues. "It could be done in one evening," she said. Commissioner Marilyn Farmer said she does not believe the Commission is "dragging its feet," and that she is committed to "setting up a deadline" for a vote on the ordinance. Farmer said she feels the Commission can get the ordi nance passed in the next 90 days Only Jordan, Eanow and Chasteen voted to approve the moratorium. Immediately afterward, Banow made a motion to place the development ordinance on the agenda for an October vote, with "item by item" votes on unsettled policy issues. Ken Jordan seconded, but the motion was defeated 8-2. Commissioner Banow then indirectly chas tised Mayor Eldridge for removing the ordinance from the August/September agenda. Eldridge responded angrily. "To imply that I have delayed [a vote] for political motives... may I remind you that I am not on the ballot," Eldridge said. Commissioner Ford, who serves on a recently formed land use plan committee with Commissioners Jordan and Harry Sims, said it would be "unreasonable" to expect the ordi nance to be ready in time for an October vote, but that it could be ready within two months. Given the extra time, she said, "We could make this plan so much better." (See City Pages, September 6, on-line at flagpole.com.) Ford said "it will go just as fast" without a set time frame. "I agree," Mayor Eldridge said. When the floor was re-opened to public com ment, citizens accused the Commission of "capit ulating" on the development ordinance at the will of special interests. One resident urged the Commission to "vote [its] constituency." Another criticized Ford for not representing her district, and for "voting like Ayn Rand." Michael LeHoullier stepped up the podium again. "'Smart growth' is a nice little catchy title," he said. "But is smart growth really smart?" LeHoullier said that "smart growth" initia tives in Portland, Oregon, have driven property values so high that locals are being forced out. He went on to say that public transportation does not pay for itself, that light riu. service is too expensive for a town the size of Athens, that most of the costs of development are borne by developers through impact fees (Clarke County charqes no impact fees, nor are they in the pro posed ordinance), and that a majority of citizens should not be allowed to dictate "greenbelt" development. "Societies that have no growth die," LeHoullier said. After hearing more comments, most in sup port of the three-laning of another segment of Baxter Street (see City Pages, August 23 at flag- pole.com), the Commission resumed delibera tion. Referring to a proposed S99,964 transporta tion master plan study to relieve congestion on Atlanta Highway, Commissioner Alvin Sheats requested instead an economic impact study on Atlanta Highway businesses which depend on large volumes of traffic. ACC Manager Al Crace informed Sheats that economic issues are addressed in the study. Commissioner Jordan asked for public input before any decisions regarding Atlanta Highway, and was assured by Crace and ACC Director of Transportation and Public Works David Clark that residents would be consulted. The Commission approved the study 10-0. Earlier in the evening. Commissioner Sheals removed a Georgia Greenspace Program grant from the consent agenda in order to held it over for discussion. The grant would award Athens- Clarke $367,000 toward maintaining 20 of the county's open spaces (see City Pages, June 28 at flagpole.com). Athens-Clarke is one of the last counties to accept the funds. Sheats told the Commission that he had since "had his curiosities answered" about the grant, clearing the way for an unanimous vote to file the required paperwork with the state. Following the vote, Commissioner Logan expressed con cerns about the 20 percent goal. "What I read in the press is a little con fusing," Logan said. "It depends on which press you're reading." Crace told Logan he would provide the Commission with further details. The Commission then approved the re striping of Baxter 10-0 with little discussion. Crace said work on the project will begin in the spring. WORK TEAM CONSIDERS RIVERS, TREES, PDS A work team charged by Mayor Doc Eldridge to nelp resolve policy issues within Athens- Clarke County's new development ordinance met on Wednesday, September 6, at the Planning Department office at 120 W. Dougherty Street. The team is made up of Eldridge and ACC Commissioners Linda Ford, Ken Jordan and Harry Sims, and is advised by ACC Attorney Ernie DePascale, Manager Al Crace and the ACC plan ning staff. Any decisions made by the work team are subject to approval by the full Commission. Edridge and DePascale did not attend the meeting, during which the group discussed development buffeis along waterways, tree canopies, planned developments and multi family dwellings within single-family neighbor hoods. Currently, the Commission is considering Clear-cut now, sell later. This tot, on Lexington Road across from the new Eastside Wal-Mart Supercenter, is one of several in Athens recently prepped for "tree free" development under the existing development ordinance. B FLAGPOLE SEPTEMBER 13, 2000 PHOTO BY BRAD AARON