Commission Starts
Brand New Ballgame

Athens-Clarke County has two new Commissioners, a new Mayor Pro-Tem and a new proposal for regulating rural development.
At its first business session of 2001, held January 2, the Commission resumed deliberations over the hottest topic of 2000: the ordinance which will guide development in Athens-Clarke over the coming years.
During a special-called session to dispose of old business before the Commission's regular meeting, Commissioners John Barrow, Tom Chasteen and Ken Jordan voted against approving the minutes of the December 19 special session. At that meeting, the Commission voted 7-3 to override Mayor Doc Eldridge's veto of the development ordinance. In explaining why he would not vote to approve the minutes of that meeting, Barrow said the vote violated Commission rules which require that such action be taken at a regular business meeting.
In another land-use-related matter, Commissioner Charles Carter said he would like the Commission to consider amending the new development ordinance in order to restore the Commission·s power to vote on subdivisions in the AR (Agricultural Residential) zone. The new development ordinance, now in effect, allows one-unit-per acre "conservation subdivisions" to be built throughout the county's rural "greenbelt" without further Commission approval (See City Pages, Dec. 13, 2000 at flagpole.com.).
The Commission welcomed two new members when its regular meeting commenced: Carl Jordan in District 6, who defeated incumbent Marilyn Farmer last November, and States McCarter, who topped Jim Klein in the general election to fill the District 8 seat vacated by the retiring Ken Jordan.
There was some confusion over when Jordan and McCarter should be sworn in. Traditionally, new Commissioners take office at the end of the January session. But in the days leading up the meeting, Carl Jordan had argued that the Charter mandates they be seated at the beginning, so that they may vote on new business. As an apparent compromise, the Commission disposed of its old business at the special session, held an hour early, and Jordan and McCarter were sworn in at the start of the regular session.
After unanimously electing Commissioner Harry Sims the new Mayor Pro-Tem, the Commission considered its only agenda item of the evening - a request by a Decatur development firm to rezone 129 acres of greenbelt on Old Lexington Road to allow for a 104 house single-family subdivision.
REL Properties, Inc., litigated its way to a rezoning after the Commission denied its request a year ago. Pursuant to an order issued by Superior Court Judge Joseph Gaines, the Commission must rezone the property to "something other than AR," according to ACC Attorney Ernie DePascale. DePascale advised the Commission that delaying a decision for two months would be appropriate, as the subdivision plan has not yet been reviewed by the ACC Planning Department.
Kathy Zickert, an attorney for REL, said it was her understanding that the old Commission would be voting on her client's request. She expressed her dismay that Carl Jordan would have a say in the rezoning, as he had spoken against it as a private citizen. She asked that Jordan and McCarter recuse themselves. Zickert said denying her client's request would put the Commission in contempt of court, as would a postponement.
"We're trying to be fair and reasonable about this," said Zickert, who claimed that REL's "dramatically revised" proposal is sensitive to environmental and neighborhood concerns.
At least three neighbors disagree. Rich Connelly, who lives across from the REL property, complained that there was no notice posted to alert residents of a pending decision.
"You don't have the input from the citizens of Athens-Clarke County like you had last year," Connelly said.
Another resident who lives nearby said most of the project's designated green space is undevelopable swampland. Perry Bugg told the Commission he worries that the development will degrade the value of his Old Lexington Road acreage.
"What's it going to do to what I've worked for for 35 years?" Bugg asked.
Following a brief discussion, as Zickert looked on, shaking her head occasionally, the Commission voted unanimously to put off a decision on the request for two months. During that time, the proposal is to go before the Planning Department, which will give normal public notice of the March proceeding.
In other business, the Commission voted 7-3 to reappoint Ernie DePascale to a two-year term as Attorney, with Jordan, McCarter and Barrow voting against.
Explaining his vote, Jordan said that though he has no experience with DePascale in an attorney-client relationship, he believes DePascale's office has engaged in "politics.”
As a Commissioner, Jordan said, "I want objective advice."
McCarter indicated he had sent a letter in December informing DePascale of his reasons for voting against reappointment.
Mayor Eldridge then announced his appointees to a development ordinance advisory committee to aid in the transition from the old land use regulations (City Pages, Sept. 27). The committee will consist of real estate agent Hank Joiner; developer Brian Kemp; neighborhood representative Scottie Atkinson; Commissioner Linda Ford; ACC planner Brad Griffin; ACC attorney Holly Hilton; Planning Commissioner Lucy Rowland; and landscape architect Rex Gonnsen, who will act as chair.
Joiner, Kemp, Atkinson and Gonnsen also served on the development ordinance steering committee.

For The Record:
Follow The Votes

Time after time last year, citizens packed City Hall to watch the County Commission decide the future of Athens-Clarke. In one form or another, land use dominated the agenda, whether through controversial rezoning requests, environmentally sensitive development restrictions, or alternative transportation proposals.
The following is a summary of notable Commission decisions in 2000, with an accompanying scorecard.
• Motion to approve rezoning of 36 acres on Fowler Mill Road from AR (Agricultural Residential) to single-family residential, to accommodate the "Little Bear" subdivision. Some residents called the development a violation of the guiding principles of the new land use plan, and pointed out that its septic system is designed to drain into a nearby fragile watershed. Commissioner John Barrow noted that the Commission had recently amended the zoning ordinance to disallow such a subdivision.
Motion: Carter; Second: Sheats • Yes: Carter, Sheats, Logan, Farmer, Ford, Jordan, Chasteen, Kilpatrick • No: Barrow • Carried 8-1 (Sims absent).
• Motion to enact a temporary moratorium on rezonings, until January 1, 2001, or until adoption of development ordinance, whichever came first. The moratorium was suggested by Ken Jordan to curb inappropriate zonings during the Commission's protracted debate over the development ordinance.
Motion: Jordan; Second: Barrow • Yes: Barrow, Jordan, Chasteen • No: Carter, Sims, Sheats, Logan, Farmer, Ford, Kilpatrick • Denied 7-3.
• Motion to continue restriping of Baxter Street, from Lumpkin Street to Milledge Avenue, for three automobile lanes and two bicycle lanes. This vote came after a county report found a dramatic decrease in automobile accidents on a strip of Baxter that had been reconfigured in October, 1999.
Motion: Cardee Kilpatrick; Second: John Barrow • Yes: unanimous • Carried 10-0.
• Motion to apply 100-foot development buffers to major waterways from which Athens draws its drinking water.
Motion: Jordan; Second: Barrow • Yes: unanimous • Carried 10-0.
• Motion to apply 75-foot development buffers to Clarke County perennial lakes and streams as part of the county's new development ordinance. The ordinance originally called for buffers of no less than 75 feet on all waterways, but some Commissioners had wanted to lower buffers on perennial lakes and streams to as narrow as 25 feet - the least allowed by state law.
Motion: Barrow; Second: Kilpatrick • Yes: Barrow, Farmer, Jordan, Chasteen, Kilpatrick • No: Carter, Sims, Sheats, Logan, Ford (tie) • Chair (Eldridge): Yes • Carried 6-5.
• Motion to approve purchase of Dudley Park rail trestle. The partially demolished bridge is over 100 years old, and sits on a rail line that was at one time Athens' principal link to the world. In July, three other historic downtown trestles were destroyed. The Dudley Park trestle, famous worldwide for its appearance on the back cover of R.E.M.'s 1983 album Murmur, was spared.
Motion: Barrow; Second: Ford • Yes: Carter, Sims, Sheats, Barrow, Farmer, Ford, Jordan, Chasteen, Kilpatrick • No: Logan • Carried 9-1.
• Motion to approve rezoning of 61 acres on Jefferson Road from AR (Agricultural Residential) to single-family residential for the "Oak Grove" subdivision. The ACC Planning Commission, citing problems with the location, recommended by an 8-1 vote that the County Commission deny the request. Access to the subdivision will be limited to automobile, and will generate an estimated 1,680 trips per day.
Motion: Carter; Second: Kilpatrick • Yes: Carter, Sims, Sheats, Logan, Farmer, Ford, Kilpatrick • No: Barrow, Jordan, Chasteen • Carried 7-3.
• Motion to approve rezoning of 94.5 acres on Lavender Road from AR (Agricultural Residential) to single-family residential. Another sprawling greenbelt development, this "conservation subdivision" would have occupied land surrounding Turkey Creek, a contributor to Athens' drinking water intake. Though the Commission narrowly voted the request down, it essentially reversed itself hours later with the approval of Option A as part of the development ordinance (see below).
Motion: Kilpatrick; Second: Farmer • Yes: Carter, Sheats, Logan, Farmer, Kilpatrick • No: Sims, Barrow, Ford, Jordan, Chasteen (tie) • Chair: No • Denied 6-5.
• Motion to require bike racks on new commercial development, and some commercial expansions, as part of the ACC development ordinance.
Motion: Kilpatrick; Second: Barrow • Yes: Carter, Sims, Barrow, Farmer, Jordan, Chasteen, Kilpatrick • No: Sheats, Logan, Ford • Carried 7-3.
• Motion to approve Option A, introduced by Commissioner Linda Ford, allowing an average density of one unit per acre development throughout the county's AR (Agricultural Residential) zone, as part of the ACC development ordinance. This vote came despite Mayor Doc Eldridge's request that the Commission delay adopting new AR standards until it implements transferable development rights (TDRs), which many say were rendered useless by Ford's plan.
Motion: Ford • Second: Sims • Yes: Carter, Sims, Logan, Farmer, Ford, Kilpatrick • No: Sheats, Barrow, Jordan, Chasteen • Carried 6-4.
• Motion to approve ACC development ordinance (the enabling legislation for the comprehensive land use plan), including Option A.
Motion: Ford • Second: Sims • Yes: Carter, Sims, Logan, Farmer, Ford, Chasteen, Kilpatrick • No: Sheats, Barrow, Jordan • Carried 7-3.
• Motion to override Mayor Eldridge's veto of the development ordinance and Option A. Smart growth advocates pinned their hopes on Commissioner Sheats for this vote. But Sheats, who claimed to have voted against the development ordinance on the grounds that it does not address Athens' socioeconomic problems, reversed his position based on Carl Jordan's victory over pro-development Commissioner Marilyn Farmer.
Motion: Ford • Second: Carter • Yes: Carter, Sims, Sheats, Logan, Farmer, Ford, Kilpatrick • No: Barrow, Jordan, Chasteen • Carried 7-3.