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COMMISSION OKAYS
GREEN SPACE SPRAWL
Ignoring the wishes of a standing-room-only
crowd at City Hall, the recommendation of the
Planning Commission, and the guiding principles
of Athens-Garke County's yet-to-be-enacted land
use plan, the ACC Commission voted 7-3 to
permit a mammoth residential subdivision in the
county's rural "greenbelt" at its November 7 reg
ular business session.
Currently proposed as a 214-unit "conserva
tion subdivision" called Oak Grove, the develop
ment will occupy two parcels fronting Jefferson
Road/US Highway 129 and will feature town-
houses and detached condominiums. Developer
Paul D. "Denny" Hill was granted a density
bonus for clustering.
To accommodate the project, the Commission
rezoned 61 acres belonging to Thomas Watson of
Atlanta from agricultural to residential. The
adjacent land, 21 acres owned by Ray Nicholson,
is to serve as both an entrance to the subdivi
sion and as dedicated open space preserved in a
conservation easement. Nicholson's property is
already zoned for residential use.
The ACC Planning Commission, citing prob
lems with the location, recommended by an 8-1
vote that the County Commission deny the
request. Though the ACC planning staff recom
mended approval of the project, its report on
Oak Grove says the proposal is "not compatible"
with zoning prescribed by Athens-Garke's future
land use map.
Meanwhile, access to the subdivision will be
limited to automobile, undermining the
Commission's recent stated commitment to
reducing car dependence in Athens. The plan as
IH OTHER NEW1...
The Athens Grow Green Coalition has
scheduled three workshops "designed to
inform the public and the Commission about
the proposed [ACC] zoning ordinance and
what can be done to fix it" The first, titled
"Land Use Planning 101," is set for
November 20 from 7 to 9 p.m. It will be fol
lowed by sessions on November 27 and
December 4. All workshops will be held at
the Old Fire Hall at the Classic Center. For
more information, call 227-0422 or go to
athensgrowgreen. com.
Amendments to the 5th draft of the
Athens-Clarke County development ordi
nance, dated October 19, are now available
"for informational purposes only" at 9el-
Jean, Kinko's, the ACC Library, the ACC
Planning Department, and at athensclarke-
county.com. The next opportunity for public
input on the ordinance will be at the Mayor
and Commission agenda setting session on
November 21 at City Hall at 7 p.m. As of
this writing, the Commission is set to vote
on the ordinance at its December 5 regular
session.
Upcoming ACC Meetings:
• Nov. 15, 5:30 p.m., Historic Preservation
Commission, 120 Dougherty St.
• Nov. 16, 5 p.m., Planning Commission
Work Session, 120 Dougherty St.
• Nov. 16, 7: p.m., Mayor and Commission
Work Session (if needed), 120 Dougherty St.
• Mom 16, 7 p.m., Public hearing on grant
tumfe for Police Department, Courthouse,
Room 570
• Now. 21, 7 p.«L. Mayor and Commission
Agenda Setting Session, CKy Had
Commission Chamber
proposed would generate an estimated 1,680
trips per day, according to the planning staff
report.
Beyond that, critics point out, rezoning agri
cultural land for such a development violates the
guiding principles—adopted unanimously by the
Commissioners themselves in 1998.
Rex Gonnsen, of Beall, Gonnsen and Co., the
firm hired to design Hill's project, made a 10-
minute presentation at the meeting in support
of the development. In anticipation of the state's
plans to widen Jefferson Road, which will take
up portions of both the Watson and Nicholson
tracts, the number of proposed units was
reduced from 240 to 214, Gonnsen said.
Gonnsen told the Commission there is little
difference between the Hill proposal and what is
allowed in the current draft of the new develop
ment ordinance.
"I think we've done a layout that works with
the land,' he said. Gonnsen added that Hill, who
built the Drayton Square development and the
first phase of the Snapfinger subdivision, is "a
known entity" in Clarke County.
"I know that Denny Hill builds a good pro
ject," Gonnsen said. Gonnsen was one of five
residents, including his wife, who spoke in favor
of the development.
As required, the Commission sat patiently as
opponents of the plan expressed their views
before voting against them.
"One major issue has not changed," said Ruth
Carpenter, a resident of Westgate Park, which
borders the Nicholson and Watson properties.
"This rezoning is, no matter how you look at it,
inappropriate for AR green space land."
Carpenter was among those who cautioned
against setting a bad precedent with the
rezoning.
"Where do you go from here if you approve
this?" asked Nancy Polansky.
Regardless of the merits of the
design, others noted. Oak Grove will
only add to traffic congestion and air
pollution, as it will not be served by
public transit, nor will it be safely
accessible by foot or bicycle.
"No matter how you slice it," said
one resident, "it's still urban sprawl."
"We all know we have run out of
water and clean air," said Carl Jordan,
who was at that moment on his way to
winning the District 6 seat of
Commissioner Marilyn Farmer in the
general election. Jordan said the Oak
Grove development will lead to contami
nation of Turkey Creek, a tributary to
Athens' drinking water intake.
James Cook questioned why the
Commission would spend over S500.000
to author a new land use plan only to
disregard it.
"With half a million dollars you
could have bought this land," Cook said.
Before the vote, Commissioners
Cardee Kilpatrick and Linda Ford briefly
explained their support for the project.
"This is the right location" for a con
servation subdivision, Kilpatrick said,
and touted Oak Grove's design elements,
which include sidewalks, street trees,
and alleys.
Ford said she dees not consider Oak
Grove a high density development, and
called the project "desirable" and "appropriate."
Commissioners Ken Jordan and John Barrow
warned of continuing to predicate development
on highway construction. Jordan disputed
claims that Oak Grove follows standards advo
cated by smart growth advocate Randall Arendt,
cs Commissioner Kilpatrick has stated.
"This is nothing but a traditional neighbor
hood with tacked on gieen space," Jordan said.
Banow reiterated his position that Oak Giove
is "the right thing in the wrong place."
Commissioner Charles Carter made i motion
to approve; Kilpatrick seconded. Commissioners
Ford, Farmer, Harry Sims. Alvin Sheats and Hugh
Logan joined them in approving the rezoning.
Ironically, residents who spoke against Oak
Grove may have tipped the scales in its favor.
During the citizen input period, Gordon
Stelter asked the Commission to stop selling
Athens like "a whore on Broad Street." This
brought an angry response from Mayor Doc
Eldridge, who told Stelter to "keep it clean."
A source close to the Commission says
Stelter's and other comments by Oak Grove
opponents caused two of the Commissioners to
change their votes in favor of the development.
Had it come to a tie, Mayor Eldridge says, he
would have cast his vote against the project.
"No matter how you.
slice it, it's still
urban sprawl."
"I think it's too many units, too far out, and
it's too close to adoption of the [land use) plan,"
he says. "But I didn't get a chance to vote."
There was talk of a mayoral veto, but Eldridge
says to undo a 7-3 vote would be an abuse of
that power and would smack of political grand-
standing.
"Seven votes can override the veto," he says,
"and I've had some people tell me Put their feet
to the fire and make them override you.' I don't
think that's the appropriate thing for me to do."
Barrow believes that if Eldridge is opposed to
the rezoning, it is his duty to veto it.
"Folks give you that power for a reason, and
ihey expect you to use it when it's important
enough," Barrow says.
"Even if you're overridden, you build a
record, and you build confidence in the commu
nity as to where you stand on somettung. If you
disappiove of a major decision that is as irre
versible as this, you owe it to the voters to do
everything you can to stop it."
In a November 10 memo to Commissioners
expressing his disapproval of their vote, Eldridge
announced he would not sign the rezoning ordi
nance for the Watson property. Eldridc,e s deci
sion will not, however, hinder enactment of the
ordinance; the rezoning will take effect on
November 22.
DRY NEW YEAR'S EVE
FORECAST THIS YEAR
One might expect New Year's Eve to be a
promising night for bars and clubs in Athens.
But this year, December 31 falls on a Sunday, so
revelers will have to take the party home after
midnight.
Georgia law allows restaurants to sell alcohol
from 12:30 p.m. to 12 midnight on Sundays, but
oddly enough, sales are prohibited from 12:01
a.m. to 7:00 a.m. on Mondays. Businesses that
derive less than 50 percent of their annual sales
from food can't sell alcohol at all on Sundays.
Holidays are no exception.
"Our Sunday sales are totally tracked by state
law," says Pat Tyson, Athens-Garke County
financial services manager. Tyson's office is
responsible for issuing liquor licenses in Athens.
She says the law prohibits bars which could not
otherwise serve alcohol on Sundays from being
rented for private parties as well.
Also, Tyson says, "You can't bring alcohol in
from outside because they are a licensed estab
lishment, and the only way the business can do
the alcohol is by selling, and they don't have a
[Sunday sales] license."
The state is not issuing any special permits
f> allow businesses a New Year's exemption,
according to Tyson.
Bill Anderson, co-owner of the
Georgia Theatre and Uptown Lounge,
says he would probably open fiom mid
night to 2 a.m. on New Year's Day if he
could.
"That's the only chance we thought
we had, seeing that 12:01 is Monday,"
Anderson says. "Because we do all our
business between 12 and 2 anyway."
Though the law will rob them of a
potentially lucrative night, "I've talked
to a few bar owners who are glad,
because that gives them an opportunity
to celebrate New Year's Eve without
having to man the store." says Armando
Sanchez-Aballi, director of hospitality
affairs for the Athens Downtown
Development Authority.
The 40 Watt Club will make the most
of it by celebrating a night early.
"We re going to do an end of the
century party," says owner Barrie Buck.
"We have a surprise—I can't tell you
what yet."
"For Athens, I don't think New Year's
is one of the bigger celebrations
because school's never in session during
that period." Buck says. "But we've
always liked to do something for New
Year's. I think we can still have a really
good party on Saturday."
And the city will by no means shut
down completely on Sunday night. First
Night Athens, an alcohol-free family
celebration, will take place all over downtown,
and restaurants will be open to nng in 2001,
even if they have to dose after the ball drops.
"We re going to try to develop an earlier
crowd. We have good Sundays anyway," says
Jerry DeHart, co-owner of Athens Music Factory.
DeHart has the Fuzzy Sprouts lined up for a
December 31 show.
‘Were going to do something special and
incorporate dinner into it," DeHart says "But is
it going to be a big night? No. It's going to be
the Fuzzy Sprouts. It's going to be towrue-ori-
ented. It's going to be people you know." ©
With New Year's Eve on a Sunday this year, the 40 Watt will celebrate
with an end of the century party on Dec. 30, says owner Barrie Bock.
NOVEMBER 15, 2000