Notes from Commission Meeting Sept. 4, 2001

First, the highlights:

• Commissioners voted to change the definition of allowed uses in the Industrial (I) and Employment-Industrial (EI) zones, and to increase the width of riparian buffers in those zones from 75 to 150 feet.
• Commissioners voted to table a request to rezone about 400 acres from EI to I, as many neighbors spoke out against the rezoning. In light of the new I and EI definitions just approved, it wasn't clear that rezoning was the best option. (Existing businesses were concerned they couldn't expand under the EI zoning designation. The properties in question had been zoned I until last December when the new zoning ordinance was adopted.)
• Commissioners voted to approve light and glare standards requiring fully-shielded lighting to prevent light trespass, glare, and energy waste. **Commissioners voted to request that the City of Bogart postpone a vote to rezone 25 acres in the ACC AR zone to Industrial zoning. (Bogart is part of Clarke & Oconee counties, but makes its own zoning decisions. It is required to receive recommendations from ACC on zoning matters, however.)
• Commissioners will discuss a possible moratorium on building permits at their next Work Session on Sept. 11.

Here are slightly more detailed notes on the issues handled at the meeting:

ZONING ISSUES

• Item:
  Text amendment to zoning code: modify definitions of I and EI; enlarge riparian buffers in I and EI zones (from 75 to 150 feet). Discussion: Carl Jordan was concerned that setbacks, noise, and lighting standards weren’t addressed. John Barrow clarified that those will be dealt with as the Planning Dept. staff develops them.
  Vote: approved, 9 – 1
• Item:
  Request by ACC to rezone approx. 400 acres in the Athena Industrial Park area from EI to I. These were formerly zoned I, but rezoned to EI in December. Discussion: 10 local residents spoke against the rezoning, citing pollution, safety, property values. Some of the industries allowed in the I zone include landfills, asphalt plants, incinerators, etc., which they don’t want in their neighborhood. They are not against business, they appreciate the jobs, but they want quality jobs, not this type of dangerous industry. Two spoke for the rezoning, Lewis Cooper who is suing ACC over failure to rezone for his solid waste transfer station, and an attorney for a business owner who wants to expand without having to meet the EI parking regulations. The Mayor supported the rezoning, maintaining that the environmental review process is enough to keep bad industries out, and that existing businesses are out of compliance with the EI zoning and can’t expand. Cardee Kilpatrick agreed, claiming that the review process is sufficient. John Barrow pointed out that the vote just taken, which changed the definitions of uses for I and EI, puts nearly all the businesses back into compliance. Also, we want to emphasize attracting EI compliant businesses anyway. States McCarter pointed out that having the heavy industrial uses permitted by right is unsettling, because the review process hasn’t been used very much and people aren’t confident it works. Tom Chasteen was concerned that the rezoning proposal wasn’t well publicized to the neighborhood. Carl Jordan pointed out that the few “heavy” manufacturing industries, that wouldn’t comply with EI zoning, aren’t actually within the bounds of the property under consideration.
  Vote: Table for 30 days to allow time for more neighborhood input: Approved, 7 – 3.

OTHER ZONING ITEMS:

• Approved request of James Klein to add a residential unit to 1171 S. Milledge Ave. 9 – 1.
• Approved 2 out of 3 Planned Development amendments for Southern Mill Lofts at 355 Oneta St. Changes to parking lot location (to move it out of 100-year flood plain) and height & number of new buildings (changed from four 4-story to three 3-story buildings) approved; changing Oneta St. from cul-de-sac to through street not approved) 8 – 2
• Approved 199 foot cell tower at 160 Mill Center Blvd. 7 – 3.

OTHER ISSUES:

• Item:
  Exterior renovations to JG Beacham Water Treatment Plant. Discussion: Preservation of a building of architectural significance vs. maintenance costs (retaining original flat-roof design or pitching the roof was at issue.)
  Vote: Accept the flat-roof option preferred by Historic Preservation Commission, approved 6 – 4.
• Item:
  Lighting and glare standards. Three options of varying strictness were proposed to require fully-shielded light fixtures to reduce light pollution. Discussion: 4 residents spoke in favor of Option C, proposed by Carl Jordan. Several Commissioners expressed that they didn’t want to include residential lighting in these standards. Carl Jordan explained that Option C expressly exempts some residential lighting, while Option A does not exempt any.
  Vote: Adopt Option A, approved 9 – 1.

ISSUES BROUGHT UP BY CITIZENS:

• Item:
  3 citizens expressed concern that trailers are being moved into the Stonehenge neighborhood.
• Item:
  North Athens area residents expressed concern that the money spent on the Downtowner purchase was excessive, given that infrastructure improvements promised to their area for years have still not materialized.
• Item:
  3 residents urged the Commission to strongly recommend that the city of Bogart not rezone 25 acres off Fowler Mill Dr. from AR to I, as proposed by the Oconee County Planning Commission. This would be in the midst of our “greenbelt”. Bogart controls its own zoning, but ACC has to provide services.
• Item:
  4 residents spoke in favor of John Barrow’s proposed moratorium on building permits, and expressed strong support for the Garden Springs community’s right to remain on the land it currently occupies.

ISSUES BROUGHT UP BY COMMISSIONERS:

• Item:
  John Barrow pointed out that the moratorium is on the upcoming work session agenda, and that it is not too late to halt this development, and that halting it will help the whole neighborhood and community, not just Garden Springs.
• Item:
  Carl Jordan requested that the ACC Commission send a strongly worded recommendation that Bogart deny the rezoning request. Doc was authorized by the commission to speak on their behalf to the mayor of Bogart and request that the vote be put off for 30 days to give ACC time to make their recommendation, as they are legally entitled and required to do.

Beth Gavrilles