HIGHLIGHTS
· Noise Ordinance Revised for clarification; specifically targets only "party" noise
· Changes to Leaf & Limb Pickup to require biodegradable bags or containers for yard waste
· Proceed with Barnett Shoals road widening by accepting a bid for the contract
· Adopt budget goals, including reviewing formulas used to allocate funds to Classic Center
· Authority and ARMC, and with addition of a goal to reduce energy consumption
· NPDES Phase II Stormwater Permit application Level B adopted, including requirement to update Environmental Areas Map
· Proposal to initiate process of Historic District designation for downtown tabled for 30 days
· Proposal to require special use permit and Commission approval for apartment complexes in RM zones tabled for 60 days, with a study committee to be appointed to report on solutions by April
· Spring Valley Road "Conservation" subdivision request denied

NOISE ORDINANCE
The Commission voted to replace the existing noise ordinance, which is confusing and has not been thoroughly enforced. Two citizens commented on this item, Charles Apostolik representing the Historic Boulevard Neighborhood Association, and Philip Juras; both asked that a provision limiting the use of lawn care equipment to regular business hours be added. The ordinance as written specifically exempts noise made by businesses in the course of their normal activities. This is particularly an issue in mixed-use areas. Commissioner David Lynn said that he had asked the Attorney's office to prepare such language and it would appear on the next month's agenda. Passed unanimously as part of consent agenda.

LEAF AND LIMB
The Commission voted to require that biodegradable bags or containers be used for yard waste picked up by ACC. EPD is requiring that we keep plastic out of the landfills. Commissioner States McCarter stated that a better job of advertising this change needs to be made; Commissioner Cardee Kilpatrick urged that the county should provide information on where such bags can be purchased in ACC, but not in other jurisdictions; Commissioners George Maxwell and Kathy Hoard expressed concern over the added expense of the biodegradable bags. Passed unanimously as part of consent agenda.

BARNETT SHOALS
This was perhaps the most contentious issue of the evening. 15 people, mostly business owners, spoke in favor of proceeding with the current plan that includes widening the road. Arguments included that the process had taken long enough, that profits would be lost if the road were not widened (one merchant, Sidney Anne Waters, even stated "I'm greedy,") and that a center turn lane would be safer. Eight spoke against the plan. They cited studies showing that center turn lanes are far less safe than medians; that medians have not significantly decreased revenues to affected businesses (in some cases revenues have improved) in locations where they've been installed. Former Mayor Gwen O'Looney called on the Commission to have a vision for Barnett Shoals that would allow it to become a great place, and not just take the least common denominator approach. Carol Myers urged the Commission not to doom this part of Athens to become like Snellville. Several pointed out that a planned access road through the Kroger parking lot was not likely to happen since the owners had stated their opposition to such a plan in writing.

Speaking in favor of the road widening were: Corky Sams, Bob Gooch, Bill Hale, Eve Morris, Edell Rayburn, Dick Berryman, Marvin Mason, Sidney Anne Waters, Frank Sabo, Paul Haber, Hal Bernstein, James Garland, Carl Nichols, Si Trieb, and Jeff McCasin. Speaking against road widening were: Andy Herod, Carol Myers, Jim Anderson, Jennifer Frum, Gwen O'Looney, Richard Saunders, Beth Gavrilles for AGGC (read comments), and Kim Miller.

Commission discussion was also contentious. Commissioner John Barrow appealed for compromise, pointing out that the raised median was the state's minimum standard for such a road and it was also our standard; that a limited median has never been considered by the Commission, and should be, in the public interest.

Commissioner McCarter said that the original SPLOST called for widening the road to five lanes. He further stated that the access road would happen.

Commissioner Maxwell said that he would not be able to vote for the plan. He had received a packet of information from the plan's supporters which included what purported to be a petition in favor of the plan - and including his signature, among others. He did not sign such a petition or authorize anyone else to, and would certainly not support this project in light of such actions.

Commissioner Carl Jordan said that the issue was health and safety. He urged the commissioners to rely on facts, such as those presented by transportation expert Andy Herod, a professor of geography at UGA.

Commissioner Hoard said she was not happy with the project but would support it.

Commissioner Tom Chasteen said that the people who showed up at the public meetings were the ones that should be listened to the most.

Commissioner Lynn said that it was a difficult decision, with good design at odds with public input. He would come down on the side of public process. The access road will need to be pursued aggressively.

Commissioner Charles Carter said that he supported the public process.

Commissioner Barrow said that a median is safer because it limits left turns across traffic, while a suicide lane encourages them. The DOT money is no longer available, because ACC never put this limited-length median idea forward. They weren't told that if they acquired right-of-way in their without following DOT guidelines, it would make ACC ineligible for the funds even if a median were added. But he maintained that even without the incentive of DOT funds, there was still no reason to build the road the wrong way.

Commissioner Jordan said that not only is a 5-lane road less safe than a road with a median, it's not better for business either. Although the original SPLOST called for a 5-lane road, it also called for a pricetag of $1.2 million; more than that has already been spent. That money is pulled from other badly-needed projects all over town that we now can't afford. This road will barely meet ACC's needs today; let alone in the future. Two-way center turn lanes, aka suicide lanes, shouldn't be used for roads with traffic volumes at or above 28,000 car trips per day. Barnett Shoals is at 30,000.

Commissioner Kilpatrick moved to accept the bid; Commissioner Harry Sims seconded; the motion passed 7-3, with Commissioners Maxwell, Barrow and Jordan dissenting.

FY04 BUDGET GOALS
Six citizens spoke on behalf of keeping the current level of funding to the Classic Center, citing the enormous impact of tourism on the local economy. Commission discussion focused on the goals of reviewing the formulas that ACC uses to allocate funds to the Classic Center Authority and to ARMC. Commissioner Barrow said that he does not want to hurt the two authorities, but thinks it's time to review how we determine how to fund them. We give the Classic Center a much higher percentage of the hotel/motel tax than required by the state, and we've recently given them some very valuable assets, such as the parking deck. Therefore it's appropriate to consider our general fund subsidy. ARMC has stated that the loss of the general fund subsidy would not have an adverse impact on ambulance service or indigent care.

Commissioner Hoard does not want to reduce funding to the Classic Center, and said that if the Commission is angry at decisions made by the ARMC board, they should change the board, not deny funding.

Commissioner Barrow explained that he is not in favor of a net reduction in funding, but a reduction in the amount of the INCREASE in funding. Since ARMC has told the Commission they don't need that money, the Commission should consider whether to keep paying it. The taxpapers shouldn't be subsidizing the hospital. There's a serious accountability problem at ARMC.

Commissioner Jordan said that the Commission should ask the ARMC board to present a budget every year, as other authorities do. He also asked that a budget goal of improving energy efficiency by 5% in 2004 and 25% over the next five years be added.

Commissioner Hoard stated that she did not understand this issue, and needed more information and a recommendation from staff.

Commissioner Chasteen said that they should ask management and not amend the goals now. They hadn't talked about it.

Commissioner Lynn agreed with Commissioner Jordan that it was a commendable goal.

Commissioner Hoard suggested removing the percentages, and everyone agreed with this. The motion to adopt the goals, with the addition of the energy use reduction, passed unanimously.

NPDES PHASE II STORMWATER PERMIT
ACC is required, under the Clean Water Act, to apply for a stormwater discharge permit; a plan detailing how the county will manage stormwater to improve water quality is required as part of the application. Jeffrey Boring spoke on behalf of Upper Oconee Watershed Network to urge the Commission to adopt proposed management level B or C (the two more comprehensive options) and to pursue creation of a dedicated funding source for stormwater management.

Commissioner McCarter said he was concerned that the application doesn't deal with the issue of stormwater problems on private land that are created by actions of the ACC government.

Commissioner Jordan asked that an addition be made, namely to update the county's Environmental Areas map to add all streams that show up on the USGS map. This was called for originally in the Comprehensive Land Use Plan, but instead the National Wetlands Survey, which doesn't include streams, was used as the source.

Commissioner Sims moved for adoption of management level B, with the addition of the Environmental Areas map update; it passed unanimously.

PROPOSAL TO INITIATE PROCESS OF DOWNTOWN HISTORIC DISTRICT DESIGNATION
This proposal replaced the proposed moratorium on large scale downtown development discussed at the Agenda Setting session. Although this change was reported in the Athens Banner Herald prior to the meeting, there appeared to be confusion among some of the citizens. Most who spoke agreed that downtown needed some kind of protection, but wanted the Commission to delay the vote. Many seemed to think that this was a vote to designate downtown a historic district, rather than to initiate the process, which will take roughly a year, of seeking designation. Speaking in favor of delay were Corky Sams, Art Jackson, Rusty Heery, George Sniff, Jimmy Johnson and Ann Chick; Amy Kissane of ACHF and Beth Gavrilles of AGGC spoke in favor of the proposal.

Commission discussion focused on procedure. Commissioner Barrow explained that as the imminent threat that prompted the moratorium proposal has withdrawn, he requested the change from a moratorium to initiating the designation process. Gameday Centers has, likely in response to the moratorium proposal, come forward with a plan that the downtown businesses are happy with, and they have agreed to make their plan binding. The designation process and development of design guidelines will include lots of public input.

Commissioners Kilpatrick, McCarter, and Sims expressed reservations about the procedure of discussing a moratorium at the Agenda Setting meeting but voting on a different item, even if it addresses the same root problem, at the Business meeting. Commissioner Maxwell asked Attorney Holly Hilton to clarify this point; she said that the rules require that a matter must have been considered prior to the voting meeting, and gave it as her opinion that this matter had been discussed at the Agenda Session. Commissioners could vote on Commission-defined options or on options presented by staff. Discussion followed about when people had been notified; some received faxes on Thursday or Friday; Commissioner Carter said he did not. Commissioner Kilpatrick was concerned that citizens didn't know about the change. Commissioner Maxwell pointed out that quite a few people had shown up to speak on the issue.

Several commissioners said that since the immediate threat was gone, there was no need to rush, or appear to rush. Commissioner Barrow agreed that there was no harm in waiting another month. Commissioner Carter moved to table the item until the March 4 meeting; it passed unanimously.

PROPOSAL TO REQUIRE SPECIAL USE PERMITS FOR APARTMENT COMPLEXES
As with the item above, this was a different option to address a problem discussed at the Agenda session; at that time, a moratorium on RM development had been proposed. Several representatives of the Homebuilders spoke against moratoria and special use requirements. Ricky Lane of AAHBA complained about "knee-jerk special meetings" and claimed that the government was acting like a dictatorship. Tom Leach, who works in construction, said a moratorium would put him out of work. Sean Hogan complained about changes to the agenda item, said this would make the Land Use Plan political, that studies were useless and we should move toward the vision already articulated. He also suggested augmenting the Planning Staff so that they can actually plan. Bruce Azevedo of the Realtors Assn was against moratoria and resolutions, and suggested forming a roundtable. David Redman said that there are already 36-37 restrictions on multifamily housing, and a moratorium would adversely affect low-income residents and students. John Williams of the AAHBA spoke against moratoria and special uses. Speaking in favor of controlling the proliferation of apartments were Beth Gavrilles for AGGC; Ed Robinson, Jerry NeSmith who said that moratoria are effective, and that it's the developers, not the government, who have been moving too fast. Linda Schram thanked the Commissioners for supporting the communities and neighborhoods, and pointed out that the Homebuilders and Realtors don't like having things thrust on them, but they continually thrust things on residents. Ray Watson acknowledged the contributions of builders and the desire of landowners to profit; but said that development greatly affects the existing residents, and the residents are the voice of the community. The Land Use Plan is being bent to the benefit of a few, and he commended the Commission for being willing to amend the Zoning Code.

Commissioner Barrow explained that he thought that Special Use, requiring Commission oversight, would be as effective at curbing the proliferation of high-end student apartment complexes.

Commissioner McCarter said that this has been an ongoing problem, that in 1997 the Commission would not adopt a moratorium but did get rid of RM2 as an outright use. That changed in Dec. 2000 when the Zoning Code was adopted.

Commissioner Sims asked how long it would take for someone to pull a permit; Planning Director Brad Griffin said 30 days was possible; usually 60-90 days.

Commissioner Maxwell wanted to know if this would impact the Habitat Subdivision in the Pauldoe neighborhood. Commissioner Barrow replied that the Commission would be able to approve whichever developments it felt were worthwhile, such as affordable housing.

Commissioner Hoard proposed instead appointing a committee to be chaired by Tom Chasteen, made up of three AAHBA members who live in Athens, three representatives of large neighborhood associations (Jim Anderson, Bev King, and Jean Freshley), Pat Allen, the UGA liaison to ACC, and Planning Commission Chair Herb Gilmore. They could add other members if they chose. They would be appointed immediately and have 60 days to come up with a solution.

Commissioner Kilpatrick thought this was a good idea.

Commissioner Lynn agreed with the idea in spirit, but questioned the committee's composition. Having three of the nine members be lobbyists seemed a bit heavyhanded. Such a committee must include affordable housing advocates and representation from the Athens Housing Authority.

Commissioner McCarter didn't see the relationship of the committee to a moratorium, but he agreed with commissioner Lynn, and said that the Mayor should appoint the committee. He also pointed out that the Special Use requirement was meant to be temporary.

Commissioner Barrow said that a committee should be part of, not in lieu of, anything else done to solve the problem. The threat here is imminent, and now we've "rung the dinner bell" by bringing up the idea of a moratorium; the Special Use is meant to cover what happens in the meantime. The committee would come up with a long-term solution; both are needed.

Commissioner Maxwell thought three AAHBA representatives was a bad idea, and pointed out that we've gotten into a lot of trouble because of things the Transition Advisory Committee, with Homebuilder representative Brian Kemp, did.

Commissioner Barrow agreed that the experience we've had with the Transition Advisory committee hasn't been satisfactory. He asked whether Commissioner Hoard would support some kind of temporary control if after 60 days the committee hasn't come up with a solution.

Commissioner Hoard replied by saying that this committee needs to have more developers because they're the main stakeholders.

Commissioner Sims worried that changing the zoning would result in a takings issue. Attorney Hilton reassured him that the Commission has the power to amend the Zoning Code, but pointed out that there have to be public hearings and the amendment has to come from the Planning Commission.

Commissioner Sims moved to table the item for 60 days, while the Mayor appoints a committee and the Planning Commission considers the text amendment; if no other solution is proposed by the committee at that time, the Commission can vote on this item (Special Use requirement); it passed unanimously.

CONSERVATION SUBDIVISION LEM EDWARDS RD. - WITHDRAWN

CONSERVATION SUBDIVISION SPRING VALLEY RD.
John Williams spoke on behalf of the plan. He said that although "it was obvious" the original plan met the spirit and letter of the Conservation Subdivision regulations, the Planning Commission denied it, so they modified the plan, removing 30 lots. Last year the Commission rezoned this lot from EI to AR specifically for this plan. There is a contract and it will be developed as shown. There is sewer on the site; 153 acres of open space, 144 of which are contiguous. They intend to donate an easement to a county-approved land trust for permanent protection. They added more lot access to open space. There is no mechanism for the plan to be denied. Attorney Victor Ellis spoke for the developer in favor of the proposal, saying it meets all code requirements and some that are only contemplated. There is not enough housing for young families, single females, or "empty-nesters" and this will allow those categories to buy homes. Jerry NeSmith said that unless the plans have been modified since he saw them, it is typical bad design. Planning Commission Chair Herb Gilmore said that while he appreciates the petitioner attempting to improve the design, he still stands behind the Planning Commission's recommendation to deny. There were 119 lots with problems; removing those would still give the petitioner 400% more than what they could get with AR zoning. This meets the letter but not the spirit of the regulations.

Commissioner Chasteen said he thought this was very close to what we are looking for in a Conservation Subdivision. Commissioner Carter agreed.

Commissioner Barrow said that it's been suggested we don't have enough single-family housing; we also don't have enough AR land. Conditions require judgement calls; this is not strictly objective. This plan comes up short in terms of what a Conservation Subdivision should like like: it has lots of road, it doesn't promote interconnectivity, the open space is surrounded by EI, it doesn't conserve scenic views, it minimizes homes with direct access to views of open space.

Commissioner McCarter said to pay attention to Mr. Gilmore's letter and comments. The Commission needs to look at more than the immediate impacts. This is sprawl, not a good Conservation Subdivision.

Commissioner Carter moved to approve, commissioner Chasteen seconded. Motion failed 7-3 (with Commissioner Sims joining Commissioners Carter and Chasteen.)

DORSEY TABERNACLE CHURCH PARKING LOT, 116 MULBERRY ST.
The church was seeking permission to pave a lot that they own adjacent to the church, which is in the floodplain next to the Greenway. Rex Gonnsen spoke on behalf of the project, which includes a bioretention swale for stormwater control. This will be a good demonstration project and fits in with the NPDES permit application just adopted. Church members Larry Hemphill, Terry Echols, Curtis Scott and Pastor Hubert Dodson all spoke in favor, as did Dick Field, Chair of the Greenway Commission, and neighbor Jane Todd. Commissioner Sims moved to approve; it passed unanimously.

Beth Gavrilles