Griffith’s advanced local government law class with a map of the Beltline - enlarge

If there’s one way to learn local government law, learning to write the law would have to be it.

For four students in law professor Janice Griffith’s advanced local government law class this spring, delving into city and county ordinances meant more than case law and exams. The foursome got a chance to draft what could form the basis of an Atlanta development ordinance that shapes the future of the Beltline.

The Beltline proposal strings together a number of in-town Atlanta neighborhoods through a circle of existing railroad track. Planners envision a transit loop that rings downtown with parkland, homes and businesses.

"You need a certain amount of [housing] density to make the transit line work," says Griffith, who teaches environmental law, along with local government law and advanced local government law.

Enter the transfer of development rights ordinance.

To encourage density in some areas of the Beltline corridor while preserving open areas and greenspace in others, the city of Atlanta may consider an ordinance that allows landholders to buy development rights attached to other parcels and transfer them to their land.

Transferring development rights from one parcel to another is an alternative to changing to city’s land use plans through the rezoning process, said Lemuel Ward, the senior assistant city attorney for the city of Atlanta, who brought the project to the class. Transferring development rights encourages preservation of certain land uses by allowing a property owner to sell the right to develop the property to its full density and transfer that right to a property where it can be used to increase density.

"One of the things about transit ridership is that it’s important to have a high enough density along the route," said Ward, who works primarily with the city’s planning and development arms. "What we were trying to do was make it easier to receive the density along the Beltline properties without going through the rezoning process."

In drafting a model ordinance, students in Griffith’s class looked at examples of how similar regulations were written elsewhere in the country. Students also studied the Beltline overlay district, a zoning tool designed for the specific needs of the corridor, and compiled their research in an online forum.

"We were trying to keep the same total amount of density but control where it goes," said Patrick Ouzts, a third-year law student. "Part of the overall goal of the Beltline is to get [development] stimulation on the south side and the west side."

But drafting the transfer of development rights ordinance wasn’t the only terrain covered in class.

Ward, as an attorney who deals with development and growth issues for the city, also briefed the class on one of the Beltline’s major obstacles: a lawsuit challenging the way the project would be financed.

For Ouzts, the topic was of particular interest. He plans to work for a major firm in Atlanta in public financing. "I signed up for the class because it’s going to relate to work I’ll be doing after I graduate," he said. "I’ve been able to get some practical, real-world experience with municipal bonds."

As for the transfer of development rights ordinance, Ward said the class’ work has given his department a jumpstart, but it may be some time before the Atlanta City Council takes it up.

"The final product itself may change a good bit, but you have to start somewhere and what that class did was give us a good start and help us move toward an easy-to-use TDR process," he said. "I think it’s an extremely good product which can be easily built into an ordinance at the will of the city council."

For Ouzts and his classmates, working on the ordinance was a chance to apply their new knowledge immediately.

"There is definitely a bigger sense of accomplishment than a typical class where you just outline and take an exam," he said.

Contact: Michael Davis
University Relations
(404) 413-1361
mdavis6gsu.edu