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-Clarke 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 regular business session.
Currently proposed as a 214-unit "conservation subdivision" called Oak Grove, the development will occupy two parcels fronting Jefferson Road/US Highway 129 and will feature townhouses 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 subdivision and as dedicated open space preserved in a conservation easement. Nicholson's property is already zoned for residential use.
The ACC Planning Commission, citing problems with the location, recommended by an 8-1 vote that the County Commission deny the request. Though the ACC planning staff recommended approval of the project, its report on Oak Grove says the proposal is "not compatible" with zoning prescribed by Athens-Clarke'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 proposed would generate an estimated 1,680 trips per day, according to the planning staff report.
Beyond that, critics point out, rezoning agricultural 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 development 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 project," 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.

"No matter how you slice it, it's still urban sprawl."

"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 contamination of Turkey Creek, a tributary to Athens' drinking water intake.
James Cook questioned why the Commission would spend over $500,000 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 conservation subdivision, Kilpatrick said, and touted Oak Grove's design elements, which include sidewalks, street trees, and alleys.
Ford said she does 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 advocated by smart growth advocate Randall Arendt, as Commissioner Kilpatrick has stated.
"This is nothing but a traditional neighborhood with tacked on green space," Jordan said.
Barrow reiterated his position that Oak Grove is "the right thing in the wrong place."
Commissioner Charles Carter made a 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.
"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 is talk of a mayoral veto, a power vested in the Mayor by the charter, but Eldridge says to undo a 7-3 vote would be an abuse of that power and would smack of political grandstanding.
"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 they 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 community as to where you stand on something. If you disapprove of a major decision that is as irreversible as this, you owe it to the voters to do everything you can to stop it."
Eldridge also has the option of not signing the measure, a largely symbolic gesture that would indicate his disapproval without hindering enactment. Barring a veto, the rezoning will take effect on November 17.

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-Clarke 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 establishment, 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 to 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 from midnight 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, a alcohol-free family celebration will take place all over downtown and restaurants will be open to ring in 2001, even if they have to close 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.
"We're 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 townie-oriented. It's going to be people you know."