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Dec 13, 2000

City Pages

Commission Passes “Land Sprawl” Plan

After years of feel-good "visioning" that devolved into eight long months of haggling, the Athens-Clarke County Commission has adopted the enabling legislation for the county's new comprehensive land use plan and settled, for now, the incessantly debated question of rural "greenbelt" development densities.
For green space advocates who packed City Hall the night of December 5, the result could hardly have been worse, as a closely divided Commission opened the door to one-unit-per-acre rural subdivisions and reduced Athens-Clarke's once heralded land use regulations to a "suburban development ordinance."
Going into the session, Commissioners had two "official" greenbelt options before them. Referred to as Options A and B, neither came close to achieving the lower densities originally proposed for the county's AR (Agricultural Residential) zone.
Option B would have divided the current AR zone into AR-1 and AR-5 zones. In AR-1 areas, residential development would be permitted at a density of one dwelling unit per acre, or one unit per .625 acres with clustering and "open space." The AR-5 zone would allow one unit per five acres, one unit per 2.5 acres with clustering and open space.
But six Commissioners - Charles Carter, Harry Sims, Hugh Logan, Marilyn Farmer, Linda Ford and Cardee Kilpatrick - chose Option A. Introduced by Ford some months ago, and dubbed the "super sprawl option" by its critics, it allows residential development throughout the AR zone at a density of one dwelling unit per acre. Units must be clustered onto 50 percent of the developed tract, with the remainder kept as open space.
The development ordinance does not require "open space" to be contiguous, undisturbed, or even to have trees, nor does it require permanent preservation.
Ford's plan also contains a rezoning option to permit non-clustered one unit per acre, also known as "cookie cutter," subdivisions.
Approval of the Ford plan came despite a request from Mayor Doc Eldridge that the Commission enact the development ordinance without changing AR densities until the county can include a transferable development rights (TDR) provision.
TDRs would allow property owners in designated rural "sending zones" to sell development rights to developers while retaining ownership and use of their land. In exchange for their investment, developers would be able to build at higher densities in urban "receiving zones." The Commission removed a TDR provision from an early draft of the development ordinance because the state presently requires public hearings for all density transfers.
In a Dec. 1 memo to Commissioners, Mayor Eldridge wrote: "Just this week, we asked our local delegation [of state legislators] to correct what is widely viewed as a problem with the wording of the enabling legislation for TDRs. We did so because there has been an expressed desire by the Commission to implement TDRs in Athens-Clarke County, but we would like for the problem to be corrected first.
"It seems to me that we would be better served to adopt the zoning regulations for the new plan... and leave the AR zone exactly like it is for the time being. I am not certain that anyone feels either of the options before you are the absolute best answer."
Though TDRs are on the books in Georgia, and have been used successfully to protect green space in many other parts of the country, some Commissioners remain suspicious. Hugh Logan once referred to them as "pie in the sky." Commissioners Carter, Farmer and Ford have also been skeptical. Earlier this year, ACC Attorney Ernie DePascale advised the Commission not to incorporate the state TDR law until it is changed.
Many citizens felt AR Options A and B were a step down from current rural zoning, and told the Commission so.
Dan Coenen, a member of the Athens Grow Green Coalition (AGGC), was the first in a long line of speakers.
"There are strong indications that the options now on the table could be significantly improved," Coenen said. He quoted nationally known smart growth planner Randall Arendt, in town a day earlier for an AGGC land use workshop, as calling Options A and B "incomplete," "a huge mistake," and a "suburban development ordinance."
Over the past few months, the Mayor and several Commissioners have cited Arendt's work, some say out of context, to defend higher rural densities in the form of "conservation subdivisions." The day before the vote, Arendt met separately with Eldridge, Carter, Ford, Kilpatrick, Tom Chasteen and Ken Jordan to present his misgivings about both AR proposals.
Several residents, including seven rural property owners, made a case for holding off on new zoning until TDRs can be enacted. Paul Quick called suburban sprawl a "50-year glitch" in planning trends, now being corrected as developers watch traditional in-town neighborhoods prosper. Quick said TDRs are a "panacea."
Carl Jordan - not the Commissioner-elect, but "the other Carl Jordan," as he referred to himself - said he would like one day to be able to sell the development rights to his 100 acres.
Karen Middendorf, who owns a horse farm, said increased greenbelt densities will penalize "true farmers," and said rural Clarke County is "part of our heritage."

"The purpose of the AR district is to maintain an area of rural use within Athens-Clarke County, to stabilize and protect single family characteristics of the district, and to promote and encourage a suitable environment for family life." From Athens-Clarke County's Development Regulations Ordinance, section 9-5-1.

Even the developer contingent seemed to be onboard. Brian Kemp, past president of the Athens Area Home Builders Association and land use plan steering committee member, called TDRs "a great idea."
"I think you all know what the landscape of the open market looks like," said Jonlyn Freeman. "You've all driven through Gwinnett County."
The majority of speakers favored postponing a change in AR densities, but not everyone agreed.
Marilyn Rose said the county has no right to impose restrictions on her property and suggested turning the tables on those who thought so by requiring that all Athenians donate a percentage of their land to a trust.
Tony Powell, representing a land investment firm called Southeastern Land Partners, said that Option A was the only acceptable choice, and that even voting on density options is barred by both the federal and state constitutions.
Restricting cheap suburban housing is discriminatory, according to Mary King, who said that she "can't pay a tax on green space" for people on bicycles.
"We need cars," King said.
Frank Fleming, who has purchased 1,500 acres of rural land on speculation, said Athens-Clarke already has a greenbelt - consisting of the counties that surround it.
Before the decision on AR densities - a separate vote from the bulk of the development ordinance - Mayor Eldridge asked the Commission to vote on whether or not to maintain present AR zoning pending adoption of TDRs, which he expects to be able to do by May of next year.
"A and B have good features, I grant you," Eldridge said. "Both... have problems that leave a lot to be desired. If you agree that it [present AR zoning] has served us well, don't change it right now."
Ken Jordan then made a motion to vote on Eldridge's proposal; Tom Chasteen seconded. But Cardee Kilpatrick would have none of it.
"We have studied and discussed this issue," she said. Kilpatrick said it would be inappropriate to maintain current AR zoning without a hearing - though the Commission had just received well over an hour of citizen input, much of it in support of Eldridge's proposal, and though neither Options A nor B had ever been formally presented to the public.
Kilpatrick made a substitute motion to vote on Option B, but it died for lack of a second.
Linda Ford made her pitch for Option A, saying it "encourages preservation of green space," and will bring the kind of development the community wants. Ford made a substitute motion to adopt her plan; Harry Sims seconded.
Sims said that adopting Option A would show respect for citizens' stewardship of the land. Sims also warned that TDRs without hearings would remove the public and the government from the development process.
Commissioner John Barrow said that Option A would have the opposite effect of what Ford claims it will do, will make it more difficult to implement TDRs and is "simply out of touch" with community objectives.
"Option A speeds up the suburbanization of our county," Barrow said.
Marilyn Farmer, about to cast her last votes as a Commissioner after being voted out of office in favor of anti-sprawl challenger Carl Jordan, called Ford's plan "right on target."
"There's no threat of a lot of sprawl," Farmer said.
"I'm going to make one last push," said Mayor Eldridge, who again appealed to the Commission to reject Option A.
Clerk of Commission Jean Spratlin called the roll on Option A. By the time she reached the last name on the list - Kilpatrick's - the vote was five "yes," four "no."
"Yes," said Kilpatrick.
Some in the crowd gasped; two or three others clapped.
"Shame on you!" yelled a man from the back of the chamber.
As citizens filed out, Commissioner Barrow made a motion to adjourn the meeting - before a vote on the remainder of the ordinance. Jordan seconded. They were the only two Commissioners to vote for adjournment.
A subsequent motion by Barrow for a 15-minute recess died for lack of a second.
Alvin Sheats then made a motion to deny the ordinance on the grounds that it does not address Athens socioeconomic problems. That motioned died as well.
The ordinance - designed to guide development in Athens-Clarke for the next 20 years - then passed by a vote of 7-3, with Commissioners Barrow, Jordan and Sheats voting against it.
After most of the chamber had cleared, the final public input period of the night brought former ACC Mayor Gwen O'Looney to the podium.
"You have lit a fire," she warned the Commission. "This issue will not go away. These citizens will not rest until they have a community that is unlike Atlanta, that is planned and reaches its highest value."

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