Due to the COVID-19 pandemic, the July 7 Mayor and Commission session was remote. The meeting could be viewed live at www.accgov.com/videos, on YouTube at www.youtube.com/accgov, on Facebook at www.facebook.com/accgov, and on ACTV Cable Channel 180 or the live ACTV stream at www.accgov.com/actvlive Unified Government of Athens-Clarke County, Georgia Mayor and Commission Tuesday, July 7, 2020 6:00 p.m. City Hall/WebEx The Mayor and Commission of the Unified Government of Athens-Clarke County met this date in regular monthly business session. Present: Commissioners Davenport, Parker, Link, Wright, Denson, Thornton, and Hamby. Absent: Mayor Girtz and Commissioner Herod. Mayor Pro tem Edwards presided. A motion was made by Commissioner Wright, seconded by Commissioner Thornton, to reconsider action of Tuesday, June 2, 2020 with reference to an ordinance on loud/unruly parties. The motion passed by unanimous vote. A motion was made by Commissioner Denson, seconded by Commissioner Link, to approve Minutes of meetings of Tuesday, June 2; Wednesday, June 3; Tuesday, June 16; and Thursday, June 25, 2020. The motion passed by unanimous vote. Written communications Entered into the record was acceptance of a street known at Chicopee Boulevard. Public hearing and deliberation on recommendations from the Athens-Clarke County Planning Commission A public hearing was held on request of Bob Smith / Smith Planning Group Owner: HLD & RHC, LLC, for rezoning from RM-1 (PD) (Mixed Density Residential, Planned Development) to C-N (PD) (Commercial Neighborhood, Planned Development) on 2.087 acres known as 300 Epps Bridge Parkway. Proposed use is commercial and mixed residential. Type II Planning Commission recommendation: Approval w/conditions (unanimous) Citizen input The following citizen input was received. 1. Bob Smith – supported A motion was made by Commissioner Hamby, seconded by Commissioner Thornton, to adopt the following ordinance (#20-07-38) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO REZONING A PARCEL OF LAND COMPRISING APPROXIMATELY 2.087 ACRES AND LOCATED AT 300 EPPS BRIDGE PARKWAY FROM RM-1 (PD) (MIXED DENSITY RESIDENTIAL, PLANNED DEVELOPMENT) TO C-N (PD) (COMMERCIAL-NEIGHBORHOOD, PLANNED DEVELOPMENT); AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The map constituting the component part of the Zoning Ordinance of Athens-Clarke County, Georgia, by virtue of and in compliance with Section 9-3-3 and Section 9-3-6 thereof, is hereby amended by changing the zoning of a parcel of land located at 300 Epps Bridge Parkway and comprising approximately 2.087 acres from RM-1 (PD) (Mixed Density Residential, Planned Development) to C-N (PD) (Commercial-Neighborhood, Planned Development) as shown on Attachment A hereto. Said affected parcels of land being more fully described in the document entitled “Site Plan,” numbered in the lower right-hand corner as RZ-1, dated February 28, 2020, prepared by Charles R. Smith, registered landscape architect, and being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The parcel comprising the approximate 2.087-acre tract of land is also known as Tax Parcel No. 074 A023A on the Athens-Clarke County tax maps, being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A shall be noted on said Official Zoning Map in the office of the Clerk of Commission at 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting. SECTION 2. The binding master site plan associated with this ordinance and incorporated herein by reference consists of seven sheets in total. Each sheet is titled, numbered, and dated in the lower right-hand corner as shown in the table below. Sheet No.: Title: Date: CVR Cover February 28, 2020 RZ-1 Site Plan February 28, 2020 RZ-2 Architectural Elevations February 28, 2020 RZ-3 Architectural Elevations February 28, 2020 RZ-4 Architectural Elevations February 28, 2020 RZ-5 Tree Management Plant February 28, 2020 RZ-6 TMP Notes and Details February 28, 2020 Each sheet listed above is stamped “Binding 6-10-20,” and is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The binding written report associated with this ordinance consists of twelve pages in total, is entitled “Master Planned Development Report,” dated February 28, 2020, and revised June 6, 2020, and is stamped “Binding 6-10-20.” Said report is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. SECTION 3. The conditions of zoning associated with this ordinance are as follows: 1. Prior to permitting, the applicant shall revise the site plans to incorporate a public sidewalk within the right-of-way of the Unified Government of Athens-Clarke County for Epps Bridge Parkway. Such public sidewalk shall extend along the entirety of the subject parcel’s frontage along Epps Bridge Parkway. 2. Prior to permitting, the applicant shall revise the site plans in regard to parking spaces outside the parking structure to reflect the standards within Section 8-7-15 of the Code of Athens-Clarke County, Georgia, for parking lot trees. 3. Prior to the issuance of a certificate of occupancy, the applicant shall ensure that the traffic signal is upgraded to comply with the current standards of the Georgia Department of Transportation, which shall include, but not necessarily be limited to, flashing yellow arrow equipment and operation. 4. Any restaurants within the planned development shall cease operation by no later than 11:00 p.m. 5. Trash and recycling collection within the planned development shall occur only between the hours of 8:00 a.m. to 5:00 p.m. and only on Monday through Saturday. Trash and recycling collection shall not occur on Sunday. 6. No exterior sound amplification shall permitted within the planned development. 7. The property uses within the planned development shall be limited to the following: offices, retail, restaurants and bars, and multifamily residential. For purposes of clarity, the terms “offices, retail, restaurants and bars, and multifamily residential” shall not include gas stations. 8. Construction activities within the planned development shall be limited to 7:00 a.m. to 6:00 p.m., and shall occur only on weekdays (i.e., Monday through Friday). Construction activities within the planned development shall not occur on weekends (i.e., Saturday and Sunday). 9. The applicant shall ensure that an opaque fence with a minimum height of eight (8) feet is installed along the western property line prior to the issuance of any building permits. 10. The applicant shall ensure that plantings as shown within the binding plan documents shall be planted along the western property line prior to the issuance of any building permits. 11. The applicant shall agree to assist in the maintenance of the private stormwater infrastructure that services the planned development and surrounding properties. The applicant will do so by agreeing to split the costs of maintenance on a pro rata basis based upon lot area. 12. Large deliveries to commercial establishments within the planned development (e.g., offices, retail, restaurants and bars) shall be permitted only during the hours of 8:00 a.m. to 5:00 p.m. For the purposes of this condition, “large deliveries” shall mean deliveries by any vehicle larger than a van, panel truck, or pickup truck. 13. No signage within the planned development shall be internally illuminated (e.g., no lighted box signs). 14. Prior to the issuance of any permits, the applicant shall amend the binding site plans to remove the sidewalk along Woodlake Drive and to instead provide for enhanced landscaping along Woodlake Drive. 15. During the construction of the planned development, no construction vehicles shall be permitted to use Woodlake Drive for ingress and egress to the planned development. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on request of Josh Koons / Koons Environmental Design Owners: Shiver Family Farms, AJ Shiver Properties, for amendment to C-N (PD) (Commercial-Neighborhood, Planned Development) on 33.36 acres known as 352 Whitehall Road and 150 and 250 Pine Lodge Road. Proposed use is residential and commercial. Type II Planning Commission recommendation: Approval w/conditions (unanimous) Citizen input The following citizen input was received. 1. Josh Koons – supported. 2. Henry Massey, developer – supported. A motion was made by Commissioner Wright, seconded by Commissioner Link, to adopt the following ordinance (#20-07-39) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO REZONING THREE PARCELS OF LAND COMPRISING APPROXIMATELY 33.36 ACRES IN TOTAL AND LOCATED AT 352 WHITEHALL ROAD, 150 PINE LODGE ROAD, AND 250 PINE LODGE ROAD FROM C-N (PD) (COMMERCIAL-NEIGHBORHOOD, PLANNED DEVELOPMENT) TO RM-1 (PD) (MIXED-DENSITY RESIDENTIAL, PLANNED DEVELOPMENT); AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The map constituting the component part of the Zoning Ordinance of Athens-Clarke County, Georgia, by virtue of and in compliance with Section 9-3-3 and Section 9-3-6 thereof, is hereby amended by changing the zoning of three parcels of land located at 352 Whitehall Road, 150 Pine Lodge Road, and 250 Pine Lodge Road and comprising approximately 33.36 acres from C-N (PD) (Commercial- Neighborhood, Planned Development) to RM-1 (PD) (Mixed Density Residential, Planned Development) to as shown on Attachment A hereto.