After a group of citizens, including Russell Edwards, Occupy Athens, and a petition signed by over 13,000 people, the Athens Banner Herald reported online today that Athens-Clarke County Commissioners Alice Kinman and Kelly Girtz have exercised The Demolition Delay Law:
Commissioners Kelly Girtz and Alice Kinman, who represent the area between East Broad and Oconee streets where Atlanta-based Selig Enterprises plans to build a retail and residential development, placed a 90-day hold on the project today under a local law that allows the commission to stop historic buildings from being torn down.
Girtz said the hold will let county officials evaluate the project’s impact and negotiate with Selig. “This should give us some breathing room for further discussion,” he said.
The demolition delay law, passed in 2010, lets the two commissioners who represent historic properties hold up demolition permits for 90 days. This is the first time it’s ever been used.
While the national register offers no protection, during the 90-day period, the commission can vote to create a local historic district where development is strictly regulated.
Girtz said the commission is unlikely to create a local historic district, though, and even if it did, the district wouldn’t apply to Selig’s development, Athens-Clarke Attorney Bill Berryman said.
Selig has spent about $250,000 on site plans and due diligence, enough money that it has a vested right to develop the property, Berryman said. “If people get the idea that we can stop this by creating a local historic, that’s not going to happen,” he said.
Athens-Clarke County Attorney Bill Berryman’s statements on Selig’s allegedly vested rights to move ahead with the Walmart without any citizen or Commissioner input are vexing. Berryman and ACC Commissioner Andy Herod have repeatedly claimed Selig Enterprises has spent $500,000 in preliminary “work” on the Armstrong-Dobbs tract where they plan to place a 100,000 sq. ft. Walmart. Many doubt the veracity of those statements, especially since today Berryman now claims Selig Enterprises has spent $250,000. What is it Bill- $250,000 or $500,000???
I’d hazard a guess that Selig Enterprises is now most likely spending as much as they can quickly to solidify their position. This position will not carry the day, however, as long as Selig has not received “specific assurances” from someone in ACC Govt. (with authority to do so) that Selig will receive their building permit without a problem. The fact that Selig’s design (which has not even been presented yet) complies with existing zoning laws is not sufficient to provide vested rights.
Further debilitating Berryman’s claim that Selig has vested rights based on the resources they have allegedly expended thus far is the glaring fact that the site drawings (which truly are just elementary graphics) they’ve provided do not even accurately reflect the topography of the region. The drawings provided by Selig thus far seem to be “off the shelf.” Last, the only application for a permit from the ACC Planning Dept. that Selig has acted on is a demolition permit. Selig has done scant work, and as proven today there is most likely still enormous room for Commission action to stop a 100,000 sq. ft. Walmart from coming to downtown Athens! A key strategy moving forward should be to get Bill Berryman to stop drinking the Selig Kool-Aid.
While this is an encouraging development, it is only a start. We should continue to sign the petition to raise awareness and email the Mayor and Commission.
I strongly suggest we email Alice Kinman and Kelly Girtz and thank them for their action. We have long said that the commissioners have courses of actions than can be taken. Thanking them would show good faith:
Kelly Girtz - kelly.girtz@athensclarkecounty.com
Alice Kinman - alice.kinman@athensclarkecounty.com
