Oak Grove, a 240-unit "conservationsubdivision" to be built on two parcels fronting Jefferson Road/USHighway 129, features 108 townhouses and 132 detached condominiums.Should the proposal be approved as planned, developer Paul D. "Denny"Hill would be granted a density bonus for clustering.
The project will require that 61 acres belonging to Thomas Watson ofAtlanta be rezoned from agricultural to residential. The adjacentland, 21 acres owned by Wray Nicholson, would serve as both anentrance to the subdivision and as dedicated open space preserved ina conservation easement. Nicholson's property is currently zoned forresidential use.
The ACC Planning Commission, citing problems with the location,recommended by an 8-1 vote that the County Commission deny therequest. But when ACC Commissioners saw the plan at their October 17agenda setting session, only John Barrow expressed reservations aboutplacing the high density subdivision out in the countryside.
"It's the right thing in the wrong place," Barrow said.
Due to its distance from fire protection, the development may berequired to have sprinkler systems in each unit. Meanwhile, access towork and shopping from the subdivision will be limited to automobile,undermining the Commission's recent stated commitment to reducing cardependence in Athens. The plan as proposed would generate anestimated 1,680 trips per day, according to an ACC planning staffreport on the project.
Beyond that, critics point out, rezoning agricultural land toaccommodate such a development is a direct contradiction of theguiding principles of the ACC comprehensive land use plan, adoptedunanimously by the Commission in 1998.
The planning staff report says the proposal is "not compatible" withzoning prescribed by Athens-Clarke's future land use map. Watson's 61acres "should be Rural," with a density of one unit per five acres,the report reads.
"It's more than a rezoning," says Ruth Carpenter, a resident ofnearby Westgate subdivision. "It's a test to see if the Commissionersmeant what they said."
Commissioner Cardee Kilpatrick, whose super-district encompasses theproperties, says this type of development is what Athenians say theywant.
"If this community wants conservation subdivisions, which I haveheard and heard and heard and heard - including last night [atthe Athens Grow Green Coalition's Land Aid on October 22] - thento find a conservation subdivision, a person has to find 50 to 60acres, because you can't do it otherwise."
Since Jefferson Road will soon be widened to a four lane highway, thelocation is appropriate for a development of this size, says RexGonnsen of Beall, Gonnsen and Co., the firm hired to design OakGrove.
"It makes more sense to do something like this on a majorthoroughfare than to go out on a country road," he says.
Rather than clear-cutting and replanting, Hill plans to build withregard to existing trees, Gonnsen adds - much like the first phase ofthe east side Snapfinger subdivision, another Hill project. Gonnsensays the proposal follows the guidelines advocated by conservationplanning guru Randall Arendt.
"It incorporates the same kind of ideas where you have a lot of openspace and you have your development all concentrated into one area,"says Gonnsen.
Kilpatrick maintains that the promise of green space on the Nicholsonproperty amounts to a transferable development right, a provisiongreenbelt proponents want included in the county's new developmentordinance (see City Pages, May 10, on-line at flagpole.com).
"The concept of TDRs is that you have a sending zone and a receivingzone," Kilpatrick says. "It doesn't say it has to be two miles apart,or one mile, or whatever. The fact is that this is a TDR."
John Barrow disagrees: "The point is that the whole thing is in asending area. It ain't a TDR if it's going from a sending area andstaying in a sending area."
The Watson and Nicholson properties lie in Commissioner MarilynFarmer's District 6. Farmer - who is up for re-election on November 7against Democrat Carl Jordan - says she has not decided how she willvote on the rezoning request.
"That's part of the problem we're dealing with, with this clustering.If you allow people to cluster, what kind of bonus are you going togive them and what kind of incentives are you going to give them?"she says. "And of course, there is water and sewer out there, whichis one of the considerations."
"The water and sewer both have to cross big tracts of land thataren't owned by the developer," Barrow points out.
Another variable is the amount of undisturbed land that will remainafter the widening of Jefferson Road. According to site plans, theallotted open space on the Nicholson tract could be reduced byapproximately 25 percent, which could also affect the number ofproposed units.
For Ruth Carpenter and others who support the intent of the new landuse plan, such details are beside the point.
"They promised to enact land use policies that would avoid urbansprawl. That was verbatim [from the guiding principles],"Carpenter says. "And they also promised to be responsible stewards ofthe natural environment."
"What this is really a test case of is whether or not theAthens-Clarke County Commissioners are going to honor theircommitment that they made in the guiding principles."
The Commission will decide on Hill's proposal on November 7 at CityHall at 7 p.m. Public comment will be accepted before the vote.

Dems, Pubs Get
Ready for E-Day

With polls indicating the margin between Al Gore and George W.Bush so slim as to be nonexistent, the fight for every vote is sureto intensify in the final days remaining before the November 7general election.
Both the local Republican and Democratic parties are preparing for afinal push to get out the vote for local, state and nationalcandidates.
Athens-Clarke Republicans have lined up appearances by US Senatecandidate Mack Mattingly, State Senate candidate Jim Ivey andCongressman John Linder at rallies to stir up support for theembattled candidates and to generate interest for Bush.
Local Republican party chairman John Elliott said the phone banks inoperation throughout the campaign so far will be calling one lasttime in the days prior to the election.
"We've been working really hard to support Republican candidates inClarke County and will continue to do so... I'd like all open-mindedpeople to take a look at the Republican candidates and givethoughtful consideration to who will be the best for thiscommunity."
Elliott said he's not too worried about Bush's chances of winning inGeorgia.
"Bush may be challenged in Florida and Gore may be in trouble inTennessee, but I think Georgia's pretty secure for Bush," hesaid.
Not surprisingly, Athens-Clarke Democratic Party chair Bob Cunha hasa different take.
"Athens is still a Democratic stronghold and we intend to keep it asone," said Cunha. Athens-Clarke Democrats held their final "get outthe vote" rally on Saturday, October 28 at Lay Park on HoytStreet.
In addition to making "thousands of phone calls" before the election,Cunha said the party faithful will also be going door-to-door in thecity's many neighborhoods and distributing leaflets at local churchesand other community centers.
"Our priority is to get out the vote," said Cunha. "We feel the morepeople we get out to vote, the better the Democratic party does. Ourmajor concern is getting out into the community and doing thepolitics necessary to develop a Democratic victory."
Not to be outdone, the Athens-Clarke Green Party is also musteringits resources for the final offensive.
To raise awareness for its local candidates, the Green Party held aconcert featuring candidate Jeff Gates and local bands, including TheSqualls, Danse Dambala, Flash to Bang Time and Los Muñequitosde Matanzas, on October 28 at the 40 Watt Club. (Jim Kvicala)

Disabled Candidate
Wants On The Ballot

Debbie Allen is running for a seat in the United States Congress.Just don't expect to see her name on the ballot this November.
Since she decided to run for Georgia's 11th Congressional seat inJune, now occupied by Republican John Linder, independent candidateAllen has found getting her name on the ballot without the backing ofa political party to be next to impossible.
Allen became disabled in November of last year when she suffered abrain aneurysm. She was hospitalized for two months, and her rightleg was amputated to aid blood flow.
"My normal, average life came to an abrupt end," says Allen.
Allen says before her aneurysm she was a housewife with two grownchildren and two grandchildren. She is still all of those things, buther experience as a person with a disability has given her the desireto make a difference in her community.

Allen says she can better represent Georgianswith disabilities than Linder.
"[Linder] doesn't know what their needs are," she says, "he'snot a part of their community."
On June 26, 2000, Allen went to Georgia's Election Divisionoffices.
"I told the lady there that I wanted to run for the 11thCongressional Seat as an individual," Allen says.
Allen says she was told the fee was $4,101.00 - and that she wouldhave to collect the signatures of over 19,000 registered voterswithin the 11th district by July 11th. She handed the lady acashier's check and left with a large stack of signature forms. Shehad fifteen days.
Allen did not attempt to gain those signatures. Instead, that sameevening she composed a letter to the Elections Division.
"I request that the State Elections Division of Georgia makereasonable modifications to their policies, practices, and proceduresregarding the collection of signatures of registered voters, due tomy disabilities," Allen wrote.
"Title II of the Americans with Disabilities Act of 1990, prohibitsdiscrimination against qualified individuals on the basis ofdisability by state and local governments... I specifically requestthat the number of signatures that I'm required to collect be equalto the number of signatures that the other candidate for the 11thCongressional seat is required to collect."
Because the Republican Party endorses Congressman Linder, he is notrequired to gather signatures to run. After defeating Vince Littmanin the July Republican Primary, Linder is unopposed on theballot.
Allen says the Elections Division denied her request. Since then shehas written to State Attorney General Thurbert Baker, Senator MaxCleland, and even Congressman Linder to ask for assistance. Still,the 19,000-signature requirement has not been waived.
Allen has filed a complaint with the US Department of Justice. Shesays the basis of her complaint is that the Elections Division ofGeorgia's Office of Secretary of State, by requiring her to obtainthe signatures, is in violation of Title II of the Americans withDisabilities Act.
Allen says she hopes her complaint makes it possible for allindependent candidates to make the ballot without having to collectsignatures. She believes the requirement is intended to be aninsurmountable barrier.
"They don't want any independents on the ballot," she says.
According to the Clarke County Board of Elections, Allen is notlisted as an approved write-in candidate, and any votes she receiveswill be disregarded.
(Jeremy Bales)

East Athens Park
Will Have Trees

Construction is underway on the highly anticipated East AthensCommunity Park, located on Lexington Highway at Whit Davis Road.Approximately 112 acres in size, the facility aims to provide a widearray of activities while preserving as much of the landscape aspossible.
Although there were several citizen complaints regarding tree removalfor the park, ACC Commissioner Tom Chasteen says that the number isminimal compared to the size of the project. Roughly 78 percent ofthe land will remain untouched, according to Dan Cogan, ProjectManager for SPLOST.
Initial funding for the park will be provided by SPLOST IV and SPLOST2000, Athens' special purpose local option sales tax approved byvoters in 1994 and 1999. By adding an extra penny in sales tax over afive-year period, SPLOST is designed to use sales tax dollars spentby non-residents to alleviate the financial burden placed on localproperty tax payers. Previous SPLOST-funded undertakings include theEpps Bridge Parkway and the Lyndon House Arts Center renovation, bothof which have been completed, as well as more widespread projectssuch as General Intersection Improvement and the Dirt RoadsProgram.
Chosen by a site collection committee comprised of citizens,Commissioners and ACC Leisure Services representatives, the park willhost a combination of active and passive activities. Planned featuresinclude playgrounds, natural areas with paved paths, a multi-purposearea, concession buildings and lighted baseball and soccer/footballfields. Other amenities will be lighted hard surface courts, azero-depth water play area, picnic shelters and pads, paved pathsthroughout the park, a lake or other water feature, lighted andunlighted tennis courts, a community activity building withgymnasium, and a nature center building. Bike lanes and sidewalkswill also be available, but there are currently no plans to haveeither connecting from outside the park.
Officials admit that the present SPLOST budget is inadequate toprovide for all of the proposed park amenities; it will beconstructed in multiple stages and funded by future, unknownsources.
The park is now in the land acquisition and construction documentphase, presently delayed due to an appeal filed by BillyWatson, an owner of some of property in the proposed park. SPLOSTofficials are awaiting a court date to proceed to trial, and expect aFebruary 2001 bidding on the land. (David F. Jones)