SPECIAL CALLED SESSION
to consider establishing a temporary moratorium on the acceptance of applications for conservation subdivisions in the AR zone, to facilitate a study concerning amendments to the current conservation subdivision regulations. The moratorium would last until March 4.

Citizen comment:
12 people spoke in favor, including Beth Gavrilles for AGGC (see comments); Laura Hall Gabriel for ALT; Herb Gilmore for the Planning Commission; Jason Henderson, Walt Cook, Jim Anderson, Pat Cooper, Ed Robinson, Alfred Rucker, Jim Ponsoldt, and two whose names I did not catch. Comments included:

Several speakers pointed out specific problems with the regulations: their allowed location throughout the AR promotes sprawl; they do not require permanent protection of the open space; they give a great density bonus by basing density calculation on gross acreage rather than buildable land; they allow too many environmentally-damaging uses in the open space; they do not require connectivity with other protected open space.

Several pointed out that all development regulations and zoning, not just those for conservation subdivisions, need to be reviewed and changed.

Several pointed out that a moratorium would be good for developers because it will prevent them wasting time and money going through the process of applying only to be turned down by the Commission if their plans meet the letter but not spirit of the regulations.

5 spoke against:

Realtor Andy Loftis disavowed any responsibility for the current regulations, and claimed the moratorium was an attack on property rights. Ricky Lane, representing the Athens Area Home Builders Assn, claimed that Mayor Davison had promised the AAHBA would play a significant role in all legislation, spoke against having a special called meeting to vote on the moratorium, and claimed it was an attack on property rights. Bruce Azevedo, speaking for the Athens Area Assn of Realtors, claimed that all moratoria are illegal; that this is an attack on property rights; would have a negative impact on affordable housing; and demanded representation for his association. Rex Gonnsen, speaking on behalf of the Chamber of Commerce, said that a moratorium is unnecessary, but if it's approved the Chamber wants to be at the table. Builder Sean Hogan, while agreeing there are problems with the regulations, and that a moratorium may be in order, felt that the special called meeting was not inclusive and set a bad precedent.

Unanimous vote to suspend rules.

Commission discussion:
Commissioner States McCarter provided a brief history of the regulations, said that even with the addition of the requirement for Commission approval developers have the expectation that any proposal will be approved; that this decision was not being made in haste because the Planning Commission had requested it and that the need is urgent. In addition, the moratorium will only last 30 days at which time the Planning Commission will have prepared recommendations on how long it should take to prepare a new ordinance. He moved to adopt the moratorium; Commissioner John Barrow seconded.Commissioner Kathy Hoard said she felt that the conservation subdivisions coming up were anything but conservation-minded, and wanted to be sure that the community would be involved in the process of revising the regulations.

Commissioner Barrow pointed out that if we have a problem that needs to be fixed, and know that the problem would worsen while we fix it, it is our (the Commission's) responsibility to call a time-out with a specified purpose and length. There is a fundamental difference between hurrying to make a decision that will have long-term effects and hurrying to call a time-out.

Commissioner Charles Carter said he's never seen a moratorium work as it was intended. He felt it was an attack on property rights and not an example of open government. He stated that the same thing (controlling bad conservation subdivisions) can be accomplished with the oversight of the planning dept. and ACC commission without a moratorium.

Commissioner Cardee Kilpatrick said that she, Linda Ford and Alvin Sheats had all voted against the CS regulations because of their flaws. She could not vote for a moratorium. She claimed she was surprised by the Special Called meeting, and there should have been two meetings, one to set the agenda and one to vote.

Commissioner Barrow pointed out that Commissioners Kilpatrick, Ford and Sheats all voted against Commissioner Carter's amendment to the ordinance requiring Commission review.

Commissioner George Maxwell asked Planning Commission Chair Herb Gilmore to explain why and how the Planning Commission decided to request review of the CS regulations.

Mr. Gilmore explained that the regulations are full of holes. Continuing to operate with these regulations in place would not be fair to developers or to the community at large. The plans coming before them may meet the letter, but certainly not the spirit of the law. Giving something of value away for nothing is unfair, to other developers and to the community. He also brought up the issue of traffic generation, pointing out that we don't study the impacts to roads thoroughly, and traffic implications aren't addressed until very late in the process. The Planning Commission is looking out for the welfare of the community, which includes the economic well-being. By calling a time-out we can better fix the problem. Everyone has to be at the table, but the regulations have to please the community. Not everyone will be happy with the final result. We have to weigh the economic impacts, but also what the future holds, not just the short-term impacts.

Commissioner Maxwell expressed his support.

Commissioner Carl Jordan, after asking that the resolution be read aloud by the mayor for the general public, pointed out that it would be unfair to deny someone the use of their property without a good public reason. Two actions taken by ACC in the past month may lead to legal action, and he expects this to continue. He pointed out that with the zoning ordinance passed in 2000 ACC is worse off than it was before, not just in terms of the CS regulations. We have created public facilities with no way to pay for them, no impact fees, no TDRs. Now all Residential zoning is based on acreage, not minimum lot sizes, which has led to problems such as the new development at Homewood Hills, and other places, where land previously undevelopable can now have a high density development. Lots of problems need to be fixed, but the CS regulations are the most urgent. The 6-week moratorium will allow open community input, not stifle it.

Commissioner David Lynn stated that he has been getting calls about bad CS for months. While the moratorium was moved forward quickly, it was needed.

Commissioner Tom Chasteen stated that without the moratorium, another CS might land on the table, and the Commission doesn't want to encourage developers to spend their time and money fruitlessly. CS should not add to sprawl but should be "Quid Pro Quo" for both developer and community. We are missing the opportunity to give credits for undeveloped land. There is a need to move with haste.

Planning Department Director Brad Griffin, when asked, said that the moratorium period would affect only one deadline for submission of CS proposals There have been 8 or 9 CS submitted since 2000. Two have been approved and three are being considered at this time. Two will be discussed at this agenda meeting and one was sent back for redesign. He didn't know whether any developers were planning to submit any more CS proposals or not.

Commissioner Hoard asked Mr. Griffin when everyone can sit down and discuss the CS ordinance; he replied that it would be after the 6 weeks (March 4) when the recommendation is given.

Commissioner Barrow stated that the moratorium will only apply to projects not yet applied for. He also acknowledged Commissioner Carter for moving forward a motion in January of 2001 to not allow the automatic issuing of permits for CS on application.

Commissioner Kilpatrick made a motion to postpone the vote till the Feb. 4 regular meeting; Commissioner Harry Sims seconded. The motion failed 7-3, with only Commissioner Carter voting with Commissioners Kilpatrick and Sims.

Commissioner Jordan stated that if the moratorium is not passed tonight there will be a 1 week opportunity (until 1/31) to submit new applications for CS. Although there are no indications of any submissions any that are submitted will not be covered by a delayed moratorium.

Commissioner Chasteen stated that it was very unlikely that any approvals for CS would go through now with the current mayor and commission, so why not clear the air and do a moratorium.

The original motion passed 7-3, with Commissioners Kilpatrick, Sims and Carter voting against.

Elizabeth Little
Beth Gavrilles