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1 ************************************************************ Unified Government of Athens-Clarke County, Georgia Tuesday, December 4, :00 p.m. City Hall The Unified Government of Athens-Clarke County, Georgia met this date in regular session. Present: Mayor Denson; Commissioners Lowry, Sims, Maxwell, Kinman, Bailey, Robinson, Hoard, Herod, Girtz, and Hamby. No one was absent. A motion was made by Commissioner Sims, seconded by Commissioner Girtz, to approve Minutes of meetings of Wednesday, November 7 and Monday, November 12, The motion passed by unanimous vote. Written communications There were no written communications. Recognitions Probation Services Mayor Denson announced at their fall conference in Savannah on October 16, the Probation Services Intensive Supervision Program (ISP) was awarded the 2012 Program of the Year Award from the Georgia Council of Court Administrators. The Athens-Clarke County program began in March It was created as recommended by the 2008 Criminal Justice Task Force to the Mayor and Commission.

2 The program provides pre-trial and post-adjudication supervision services. Intangible savings realized by the community are a lower recidivism rate, higher rate of GED completion, and the defendant s ability to maintain employment and provide for their families. Tangible savings are the reduction in jail spaces that are taken by this population. With the average cost of $45-55 per day to incarcerate someone, there has been substantial jail cost savings well in excess of $800,000 since inception. Chief Probation Officer Dale Allen accepted the award. Leisure Services Mayor Denson recognized the Leisure Services Department for awards recently presented by the Georgia Recreation and Park Association. Leisure Services Director Pam Reidy joined Mayor Denson for the presentations. The Athens-Clarke County Leisure Services Department has been named Agency of the Year for populations of 80,001 to 150,000. The award is based on outstanding programs, facilities, planning and achievements over the past year. This is the sixth time in the past eight years that the Department has earned this special recognition and been named best in the state. Claire Benson, Facility Supervisor at the Lyndon House Arts Center, joined Mrs. Reidy to accept the following awards. The next award was for the Community art exhibition at the Lyndon House. This show featured the work of Clarke County School District students in Kindergarten through 12 th grade. The project was collaboration between the Leisure Services Department, the Clarke County School District and First American Bank. The next award was chosen as the Therapeutics Section s Innovative Program. This show featured works by 37 artists with disabilities in a variety of media. The project was a celebration of the landmark US Supreme Court decision that allowed individuals with disabilities the option to live independently. The next award was a publication award for the Mystique of the Automobile event catalog. The catalog accompanied the special event held at the Lyndon House Arts Center that was a combination of art exhibition, car show, and fashion show featuring automobiles and clothing styles from the past century. Additionally, the Leisure Services Department was further honored with two local awards for the recent rehabilitation of the historic Morton Theatre. Barbara Andrews from the Leisure Services Department Morton Theatre staff, and Pattie Strickland of the Morton Theatre Corporation accepted the following two awards. Over the past two years, $400,000 in renovations have taken place at the Morton Theatre with the majority of money coming from various grants. This laborious project has been recognized with two awards: A Preservation Award from the Athens-Clarke Heritage Foundation A Golden Nail Award presented by the Downtown Athens Development Authority. Finance Department Athens-Clarke County has been awarded the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the FY11 Comprehensive Annual Financial Report. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting. Athens-Clarke County has received this award annually for the last twenty years. Meeting the requirements of this awards program also helps Athens-Clarke County to meet the increasing continuing disclosure communications required for local governments that have issued or plan to issue bonds in the US financial markets. Finance Director John Culpepper accepted the award.

3 Old business Consent Items under this section were discussed at prior public meetings and were presented for consideration as a single item. Only one vote was taken. There was no citizen input. A motion was made by Commissioner Sims, seconded by Commissioner Herod, to consent to action on the following eight items. The motion passed by unanimous vote. 1. ADOPT: The following resolution which approves the Pre-Disaster Mitigation Plan prepared by the Athens-Clarke County Pre-Disaster Mitigation Plan Committee and Northeast Georgia Regional Development. RESOLUTION WHEREAS, the Athens-Clarke County Pre-Disaster Mitigation Plan Committee has prepared a countywide plan intended to reduce or eliminate the loss of life and property damage resulting from any natural and technological hazards in accordance with the Disaster Mitigation Act of 2000: and WHEREAS, Athens-Clarke County and the City of Winterville, Georgia have been assessed for their susceptibility to natural and technological hazards; and WHEREAS, the Athens-Clarke County Pre-Disaster Mitigation Plan Committee compiled a detailed inventory of critical facilities and buildings that can be damaged by a hazard event and estimated potential losses from these events; and WHEREAS, the Athens-Clarke County Pre-Disaster Mitigation Plan Committee has identified mitigation goals and objectives, and prioritized mitigation actions to reduce or avoid vulnerabilities to identified hazards; and WHEREAS, the Athens-Clarke County Pre-Disaster Mitigation Plan Committee will monitor and update the plan during the next five-year period. NOW, THEREFORE BE IT RESOLVED this 4 th day of December 2012 that the Mayor and Commission of Athens-Clarke County, Georgia hereby approve the Athens-Clarke County Pre- Disaster Mitigation Plan dated September 2012 for its implementation by the Athens-Clarke County Department Fire and Emergency Services Department. 2. APPROVE: Mutual aid agreements between Unified Government of Athens-Clarke County and Barrow, Jackson, Madison, Oconee, and Oglethorpe Counties as per Attachments #1-5 of agenda report dated October 15, 2012; and authorize the Mayor, Manager, and appropriate staff to execute the necessary documents. 3. APPROVE: Automatic aid agreements between Athens-Clarke County and Oconee, Jackson, and Oglethorpe Counties and the City of Winterville as per Attachments #1-4 of agenda report dated October 12, 2012; and authorize the Mayor, Manager and Director of Fire and Emergency Services to execute the necessary documents. 4. APPROVE: Athens-Clarke County Unified Government s (ACCUG) participation in the Statewide Mutual Aid and Assistance Agreement as per Attachment #1 of agenda report dated October 15, 2012, and authorize the Mayor to execute the agreement through Georgia Emergency Management Agency (GEMA).

4 5. APPROVE: Authority for the Athens Clarke County Tax Commissioner to prepare the tax digest, assess and collect municipal taxes for the City of Winterville; approve a contractual agreement as per Attachment #1 of agenda report dated October 16, 2012 between the Unified Government of Athens-Clarke County (ACCUG), the City of Winterville, and the Tax Commissioner relating to fees assessed to Winterville by ACCUG, compensation to the Tax Commissioner for said service, and establishment of a uniform process of billing, collection and point of contact for tax payers; and authorize the Mayor and appropriate staff to execute said agreement. 6. APPROVE: Georgia Department of Transportation LMIG (Local Maintenance Improvement Grant) application submittal as follows: a) Establish a Project Priority List for the 2013 LMIG program that includes partial funding of the FY2014 Pavement Management Program as the first priority project and the construction of the Tallassee Road at Whitehead Road roundabout intersection improvements as the second priority project; b) Approve the Mayor and appropriate staff to apply for the $856,128 LMIG funds that are anticipated to be available by Georgia Department of Transportation (DOT) in accordance with the Transportation Investment Act using the GDOT application shown in Attachment #1 of agenda report revised November 28, 2012; and c) Authorize the Mayor and appropriate staff to sign all related applications, contracts, documents, and certifications associated with funding for these projects. 7. APPROVE: A professional services contract to S&ME for material testing and special inspection services for an amount not to exceed $275,000 for the Jail Expansion Project (SPLOST 2011 Project # 01) as per agenda report dated October 23, 2012, and authorize the Mayor and appropriate staff to execute all related documents. 8. APPROVE: SPLOST 2005 Water Line Extension Project Construction contract award for Group C Phase I Projects as per agenda report dated October 23, 2012 as follows: a) Authorize an appropriation in the amount of $1,423, from the SPLOST 2005 budget for the SPLOST 2005 Water line Extension Project. The requested appropriation includes Group C Phase 1 construction costs, a 10% contingency, and construction management/resident inspection services; b) Award a unit price contract to Arrowood General Contracting, Inc. in the amount of $1,248, for the construction of the SPLOST 2005 Group C Phase 1 Projects; and c) Approve the installation of 2,026 feet of 8-inch water line down Oakwood Lane in Oconee County/City of Bogart to the intersection of Jefferson Avenue as shown in Attachment 1 of said agenda report; and d) Authorize the Mayor and appropriate staff to execute all related contract documents. Old and new business Discussion The following citizen input was received.

5 1. Will McKnight, representing McKnight Construction supported award of jail construction contract to his firm, they will indemnify Athens-Clarke County from legal action; if necessary table action for further discussion. 2. Tom Rogers, 245 Westview Drive, representing McKnight Construction supported award of contract to McKnight, will include indemnification clause in contract. 3. D. J. McGlothern, Creek Hollow Road, Regional Manager for Hunt Construction supported award of jail construction contract to Hunt Construction. 4. Alvin Sheats, P.O. Box 5142 supported proposed contract with Morton Theatre Corporation. 5. Brian Broderick, 117 South Main Street, Watkinsville, representing Athens Area Chamber of Commerce supported establishment of an in-house Athens-Clarke County Economic Development Department. A motion was made by Commissioner Hoard, seconded by Commissioner Herod, to approve recommendations from the Economic Development Strategic Plan Review Committee as follows: The Review Committee recommends that the Mayor and Commission exercise its authority under Section of the Athens-Clarke County Charter to create a Department of Economic Development to be the primary point of contact for economic development services in Athens-Clarke County. The Manager shall manage and coordinate the operations of the Department in the same manner as other departments of the Unified Government as specified by the Charter. The Review Committee further recommends that proper funding be provided to support the operations of the Department and the funding level is anticipated to be in the range of $600,000-$700,000 annually or $5,087-$5.93 per capita. The motion passed by roll call vote with Commissioners Sims, Maxwell, Kinman, Bailey, Robinson, Hoard, Herod, Girtz, and Hamby voting YES; and Commissioner Lowry voting NO. (9 YES; 1 NO) A motion was made by Commissioner Bailey, seconded by Commissioner Robinson, to: a) Terminate the current Theater Management Agreement between the Unified Government of Athens-Clarke County Unified Government (ACCUG) and the Morton Theatre Corporation (MTC) as shown in Attachment #1 of agenda report revised November 27, 2012; b) Approve the proposed Morton Theatre Management Agreement between ACCUG and MTC as shown in Attachment #2 of said agenda report; and c) Authorize the Mayor and appropriate staff to execute all necessary documents. The motion passed by unanimous vote. A motion was made by Commissioner Girtz, seconded by Commissioner Hoard, with regard to the Jail Expansion (SPLOST 2011 Project #01) Construction contract award: As per agenda report revised November 29, 2012 reject all bids in accordance with Georgia Local Government Public Works Contracting Law and re-bid the project after developing a list of prequalified contractors demonstrating the ability to perform the scope of work. A substitute motion was made by Commissioner Lowry to award a jail expansion construction contract to Hunt Construction Group. The motion died for lack of a second. The original motion passed by roll call vote with Commissioners Sims, Maxwell, Kinman, Bailey, Robinson, Hoard, Herod, Girtz, and Hamby voting YES; and Commissioner Lowry voting NO. (9 YES; 1 NO)

6 A motion was made by Commissioner Kinman, seconded by Commissioner Lowry, to adopt the following resolution. The motion passed by unanimous vote. RESOLUTION WHEREAS, a pedestrian bridge that spans the wetlands created by the confluence of the streams that feed Lake Chapman at Sandy Creek Park has been constructed, thus creating an opportunity to experience wetlands habitat that was previously inaccessible; and WHEREAS, in recognition of the outstanding achievements and contributions of Ellen R. Jordan, an environmentalist, outdoor enthusiast, scholar, teacher, academic administrator, and mother in Athens; and WHEREAS, Ellen R. Jordan s environmental interests led her to serve on the Board of Trustees of the Georgia Conservancy; and WHEREAS, Ellen R. Jordan was an attorney, legal scholar and educator, serving as Associate Dean of the University of Georgia Law School and Acting Associate Vice President for Academic Affairs at the University of Georgia, as well as serving as the Dean of the University of California, Davis, Law School; and WHEREAS, Ellen R. Jordan was known for her commitment to public interest law, and the University of Georgia Law School established a Fund for Public Interest Law in her honor to recognize that graduating student who best exemplifies her commitment to and achievements in that field; and WHEREAS, naming the Sandy Creek Bridge in her honor and memory will bring additional recognition to her life and accomplishments and to her love for the natural environment; NOW THEREFORE in honor of and in recognition of Ellen R. Jordan s outstanding achievements and contributions to her community, the Commission of Athens-Clarke County, Georgia hereby resolves that the new pedestrian bridge in Sandy Creek Park be known as the ELLEN R. JORDAN MEMORIAL BRIDGE. Mayor and Commission HELD: - City Hall Complex Streetscape (SPLOST IV Project #005 and SPLOST 2000 Project #026) preliminary plans - Green building ordinance - Wanassed Street-Proposed abandonment of roadways and other public infrastructure and disposal of associated right-of-way and easements - Proposed changes to the Solid Waste Class D Commercial Curbside Collection Fee New business Consider under suspension of Rules A motion was made by Commissioner Sims, seconded by Commissioner Herod, to suspend Rules of Commission for consideration of one item of new business. The motion passed by unanimous vote. A motion was made by Commissioner Herod, seconded by Commissioner Lowry, to approve the following report from the Nominating Committee for appointments to various boards, authorities, and commissions. The motion passed by unanimous vote.

7 Board of Elections Jean Blackstone (reappointment) Four-year term expiring Charles Knapper (reappointment) Four-year term expiring Board of Tax Assessors Hearings Board Industrial Development Authority Library Board Jeb Bradberry Six-year term expiring Edward Simpson Partial term expiring Tal Duvall (reappointment) Two-year term expiring Diane Adams Five-year term expiring Erin Boydstun Five-year term expiring Craig Pascoe Five-year term expiring Planning Commission Dale Hall Partial term expiring Region 2 Mental Health, Developmental Bradford Bowling Disabilities and Addictive Diseases Partial term expiring Regional Planning Board Ryan Hope Partial term expiring Vision Committee Lauren Ellison Partial term expiring Ricky Meadows Partial term expiring Donna Brumby Partial term expiring Catherine Cuppett Partial term expiring Kris Ward Partial term expiring A public hearing was held on request of Abe Consulting, Inc. as agent for 2090 Prince Avenue Associates for an amendment to a RS-8(PD) (Single-Family Residential Planned Development) on acres known as 350 Evans Street. Proposed use is a parking lot. Type II Planning Commission recommendation: Approve w/condition (unanimous) The following citizen input was received. 1. Abe Abouhamdan, 2410 Hog Mountain Road, Watkinsville, representing petitioner supported. A motion was made by Commissioner Girtz, seconded by Commissioner Maxwell, to adopt the following ordinance (# ) which was presented by title only. The motion passed by unanimous vote.

8 AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO AMENDING AN EXISTING RS-8 (PD) (SINGLE-FAMILY RESIDENTIAL PLANNED DEVELOPMENT) ON APPROXIMATELY ACRES OF LAND LOCATED AT 350 EVANS STREET (FORMERLY KNOWN AS A PART OF 1086 ½ BAXTER STREET); 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 and Section thereof, is hereby amended by amending an existing RS-8 (PD) (Single-Family Residential Planned Development) on approximately acres of land located at 350 Evans Street (formerly known as a part of 1086 ½ Baxter Street), Athens, Athens-Clarke County, Georgia, as shown on Attachment A hereto, to allow for a change in access. Said affected tract of land is more fully described as follows: All that tract of land lying and being situate in Athens-Clarke County, Georgia, as described in that survey entitled Sheet 1(Binding Site Plan) - Athens Neurological Campus Expansion, dated , revised , prepared by ABE Consulting, Inc., and on file in the Planning Department of Athens-Clarke County. and on file in the Planning Department of Athens-Clarke County. Said property is also known as tax parcel 122C4 B021B 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, 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 Clerk of Commission s Office 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 two sheets: Sheet 1(Binding Site Plan) and Sheet 2 (Site Plan) are both entitled Athens Neurological Campus Expansion, dated , revised , prepared by ABE Consulting, Inc., stamped Binding Site Plan , and on file in the Planning Department of Athens-Clarke County. The binding master plan written report associated with this ordinance and incorporated herein by reference is entitled Rezone Report Athens Neurological Center, consisting of five pages, stamped Binding Report , and on file in the Planning Department of Athens-Clarke County. SECTION 3. The condition associated with this ordinance is that the subject parking lot shall be used by only the Athens Neurological Center or successive uses. SECTION 4. Except as amended hereinabove, the binding master plan written report associated with the ordinance entitled An Ordinance to Amend the Code of Athens-Clarke County, Georgia with Respect to Rezoning from RS-8* (Single-Family Residential with Conditions) to RS-8 (PD) (Single-Family Residential Planned Development) on approximately Acres of Land Located at 1086 ½ Baxter Street; and for Other Purposes, adopted December 4, 2007, is hereby saved from repeal. SECTION 5. Except as specifically saved from repeal in Section 4 above, all ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on request of Larry D. Bodiford and Donna W. Bodiford for rezoning from RS-15 (Single-Family Residential) to I* (Industrial Zoning with conditions) on acres known as 1955 Winterville Road. Proposed use is light manufacturing expansion. Type I This request will require an amendment to the Future Development Map from Rural Residential to Employment. Planning Commission recommendation future development map: Approve (unanimous) Planning Commission recommendation rezoning: Approve w/condition (unanimous) There was no citizen input.

9 A motion was made by Commissioner Lowry, seconded by Commissioner Sims, to adopt the following ordinance (# ) 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 AMENDING THE OFFICIAL FUTURE DEVELOPMENT MAP OF ATHENS-CLARKE COUNTY BY CHANGING THE DESIGNATION ON 2 PARCELS OF LAND LOCATED AT 1955 WINTERVILLE ROAD FROM RURAL RESIDENTIAL TO EMPLOYMENT; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. The Official Future Development Map referred to in the Zoning Ordinance of Athens-Clarke County, Georgia, as specifically identified in Section 9-3-3(A) (2) thereof, is hereby amended by changing the future development map designation from Rural Residential to Employment on 2 parcels of land located at 1955 Winterville Road, with Athens-Clarke County tax map numbers 231B 024 and 231B025, as more particularly shown on Exhibit A, attached hereto and incorporated herein by reference. The date of this amendment to the Official Future Development Map of Athens-Clarke County as shown by Exhibit A shall be duly noted in the minutes of the Commission meeting. The Official Future Development Map and Exhibit A hereto are available for inspection in said Clerk's Office, 301 College Avenue, Athens, Georgia. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Girtz, seconded by Commissioner Lowry to adopt the following ordinance (# ) 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 FROM RS-15 (SINGLE-FAMILY RESIDENTIAL) DISTRICT TO I* (INDUSTRIAL WITH CONDITIONS OF ZONING) DISTRICT ON APPROXIMATELY ACRES OF LAND LOCATED AT 1955 WINTERVILLE ROAD; 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 and Section thereof, is hereby amended by changing the zoning on approximately acres of land located at 1955 Winterville Road, Athens, Georgia from RS-15 (Single-Family Residential) District to I* (Industrial with Conditions of Zoning) District, as shown on Attachment A hereto. Said affected tract of land is more fully described as follows: That tract or parcel of land lying and being situate in Athens-Clarke County, Georgia and described in the survey entitled Larry D. & Donna W. Bodiford Skelton Drive- Athens, Georgia, dated , prepared by Wire Bridge Design Studio, L.L.C., and on file and available for public inspection in the Athens-Clarke County Planning Department. Said property is also known as tax parcels 231B024 and 231B 025 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, 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 Clerk of Commission s Office at 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting. SECTION 2. The conditions of zoning associated with this ordinance are as follows: The following uses shall be prohibited: agriculture (including livestock), restaurant or bar, drivethrough facility, laundry facility, temporary special event, bakery, bottling plant, manufacture of non-odiferous food, food processing, heavy manufacturing, distribution center, wholesale storage and distribution, construction material sales, a kennel, and transfer station. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

10 A public hearing was held on request of Williams & Associates, as agent for The Lofts at 945, LLC, for an amendment to an RM-2 (PD) (Mixed Density Residential Planned Development) on 1.01 acres known as 945 College Avenue. Proposed use is mixed-use development. Type II Planning Commission recommendation: Approve w/conditions (unanimous) The following citizen input was received. 1. Scott Haynes, Williams and Associates, representing petitioner supported. A motion was made by Commissioner Girtz, seconded by Commissioner Maxwell, to adopt the following ordinance (# ) 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 AMENDING AN EXISTING RM-2(PD) (MIXED DENSITY RESIDENTIAL PLANNED DEVELOPMENT) DISTRICT ON APPROXIMATELY 1.01 ACRES OF LAND LOCATED AT 945 COLLEGE AVENUE; 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 and Section thereof, is hereby amended by amending an existing RM-2(PD) (Mixed Density Residential Planned Development) on approximately 1.01 acres of land located at 945 College Avenue, Athens, Georgia, as shown on Attachment A hereto, to allow for ground-floor residences while maintaining the planned development s flexibility to have commercial uses. Said affected tract of land is more fully described as follows: All that tract or parcel of land as shown on the survey entitled 945 College Avenue RM-2-PD (Existing Conditions) Acres, dated , prepared by Williams & Associates, and on file and available for public inspection in the offices of the Athens-Clarke County Planning Department. Said property is also known as tax parcel 163C2 G001 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, 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 Clerk of Commission s Office 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 is entitled 945 College Avenue RM-2-PD(Existing Conditions) Acres, dated , prepared by Williams & Associates, stamped Binding Site Plan , and on file and available for public inspection in the Office of the Athens- Clarke County Planning Department. The binding master written report associated with this ordinance and incorporated herein by reference is entitled Planned Development Report 945 College Ave Athens, Georgia Parcel #: 163C2 G001, dated March 16 th 2011, Revised September 28, 2012, with Addendum dated September 28, 2012, consisting of five pages, prepared by Williams & Associates, and stamped "Binding Report , as revised by the Commission on December 4, 2012, and is on file and available for public inspection in the Office of the Athens-Clarke County Planning Department. SECTION 3. The conditions of zoning associated with this ordinance are as follows: 1. In accordance with Section A4, until and unless a second driveway access is provided, the development shall not generate more than 250 vehicle trips per day. Trip generation shall include all uses located within the property, not just that of the multifamily dwellings. 2. Non-residential uses shall be limited to the ground-floor of Buildings B and C, in addition to the entire floor area for Building A. 3. The binding written report shall be revised to reflect the amendments thereto provided for herein and shall be submitted for approval by the Planning Director prior to the issuance of any permits.

11 SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on request of Beall and Company and James Warnes, as agents for RSE Six, LLC, for rezoning from RS-15 (Single-Family Residential) to C-N* (Commercial-Neighborhood Zoning with Conditions) and special use in C-N* (Commercial- Neighborhood Zoning with Conditions) on 0.85 acre known as 205 Rockwood Boulevard. Proposed use is restaurant with drive-through facility. Type II Planning Commission recommendation on zoning: Planning Commission recommendation on special use: Deny (unanimous) Deny (unanimous) The following citizen input was received. 1. Jim Warnes, 244 East Washington Street, attorney representing petitioner - requested they be allowed to withdraw the special use request; supported rezoning without exclusion of restaurant use. 2. Glenn Miller, 541 Greenlee Road deny both requests. 3. Paul Nelson, 605 Holly Springs deny both requests. 4. Jerry NeSmith, 210 Deerhill Drive deny, table or send both back to Planning Commission. A motion was made by Commissioner Robinson, seconded by Commissioner Hamby, to HOLD until January 2, 2013 Mayor and Commission meeting the request for rezoning from RS-15 (Single-Family Residential) to C-N* (Commercial-Neighborhood Zoning with Conditions) on 0.85 acre known as 205 Rockwood Boulevard. Proposed use is restaurant with drive-through facility. The motion passed by unanimous vote. A motion was made by Commissioner Hamby, seconded by Commissioner Sims, to approve request for withdrawal of request for special use in proposed C-N* (Commercial- Neighborhood Zoning with Conditions) on 0.85 acre known as 205 Rockwood Boulevard. The motion passed by unanimous vote. A public hearing was held on request of Beall and Company and James Warnes, for RSE Six, LLC, for rezoning from RS-15 (Single-Family Residential) to C-N* (Commercial- Neighborhood Zoning with Conditions) on 1.74 acres known as 200 Rockwood Boulevard. Proposed use is retail center. Type II Planning Commission recommendation: Deny (unanimous) The following citizen input was received. 1. Jim Warnes, 244 East Washington Street, attorney representing petitioner supported. 2. Paul Nelson, 605 Holly Springs supported. 3. Jerry NeSmith, 210 Deerhill Drive, Bogart supported. A motion was made by Commissioner Hamby, seconded by Commissioner Girtz, to adopt the following ordinance (# ) which was presented by title only. The motion

12 passed by roll call vote with Commissioners Sims, Maxwell, Kinman, Bailey, Robinson, Hoard, Herod, Girtz, and Hamby voting YES; and Commissioner Lowry voting NO. (9 YES; 1 NO) AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO REZONING FROM RS-15 (SINGLE FAMILY RESIDENTIAL) DISTRICT TO C-N* (COMMERCIAL-NEIGHBORHOOD WITH ZONING CONDITIONS) DISTRICT ON APPROXIMATELY 1.74 ACRES OF LAND LOCATED AT 200 ROCKWOOD BOULEVARD; 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 and Section thereof, is hereby amended by changing the zoning on approximately 1.74 acres of land located at 200 Rockwood Boulevard, Athens, Georgia from RS-15 (Single-Family Residential) District to C-N* (Commercial-Neighborhood with Zoning Conditions) District, as shown on Attachment A hereto. Said affected tract of land is more fully described as follows: All that tract or parcel of land as shown on the survey entitled Creekside Manor Commercial Outparcel Development Parcel # Rockwood Blvd. Athens-Clarke County, Georgia, dated , last Revised , prepared by Kenneth A. Beall, Registered Professional Landscape Architect, and on file in the Athens-Clarke County Planning Department. Said property is also known as tax parcel 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, 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 Clerk of Commission s Office at 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting. SECTION 2. The conditions of zoning associated with this ordinance are as follows: 1. Exclusion of hostels; hotels; bars; vehicle repair; laundry facilities; bottling plants; bed and breakfasts; convenience stores; hospitals; cemeteries; mortuaries; fraternities or sororities; semi-public halls, clubs, or lodges; nursing homes; and restaurants from the list of permitted C-N uses. 2. Hours of operation for any non-residential use shall be limited to between 6:00 a.m. and 11:00 p.m. 3. The maximum single building size shall not exceed 10,000 sf. 4. The maximum building height shall not exceed 27 ft. 5. An opaque landscape buffer at least 20 ft. in height achieved through a combination of an earthen berm and planted material shall be installed on the subject property along the residential property line approximately as illustrated on the submitted Rezone Concept Plan. Said buffer shall maintain a minimum width of 25 ft. 6. A portion of the existing sanitary sewer line shall be relocated at the developer s expense approximately as illustrated on the submitted Rezone Concept Plan, or to an alternate location acceptable to the Athens-Clarke County Public Utilities Department so as to allow the installation of the opaque landscaped berm/buffer. 7. Solid waste pick-up shall be limited to the weekday hours of 7:00 a.m. to 5:00 p.m. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on a proposed text amendments regarding halfway houses. Planning Commission recommendation: Approve (unanimous) There was no citizen input. A motion was made by Commissioner Hoard, seconded by Commissioner Sims, to adopt the following ordinance (# ) which was presented by title only. The motion passed by unanimous vote.

13 AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO ZONING DRUG REHABILITATION CENTER, HALFWAY HOUSE DEFINITIONS, PROCEDURES, USES, REGULATIONS; BED AND BREAKFAST USE IN THE SINGLE-FAMILY RESIDENTIAL ZONES; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section 9-2-1, entitled General, of the Code of Athens-Clarke County is hereby amended by adding the following definitions alphabetically thereto: Drug rehabilitation center or other facility for treatment of drug dependency: A structure or land used for therapy or rehabilitation for substance-dependent individuals where neither meals nor lodging is provided. And Halfway house: A group facility occupied and used for the business purpose of providing transitional offender rehabilitation or similar purposes, whether for profit or nonprofit, and whether or not required to have a state or federal permit, provided that the majority of the residents shall meet one of the following criteria: (1) On parole or probation, or has been ordered to reside in such type of facility as a condition of parole or probation; or (2) Has been convicted of a felony and has completed his or her sentence; or (3) Has been convicted of a criminal offense and has been ordered to reside in such type of facility as part of the criminal sentencing. SECTION 2. Section 9-4-3, entitled Type I procedure - General provisions, Paragraph A, of the Code of Athens-Clarke County is hereby amended by deleting subparagraph 5 thereto in its entirety and substituting the following in lieu thereof: 5. The adoption of an amendment to the zoning ordinance, either by changing the text or by rezoning property from one map classification to another, or the grant of a special use permit, which relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency in accordance with the provisions set forth in O.C.G.A SECTION 3. Section 9-5-2, entitled Permitted uses, of the Code of Athens-Clarke County is hereby amended by adding Halfway House and Drug Rehabilitation Center or Other Facility for Treatment of Drug Dependency to the use table and by adding L(8) to the Legend thereto as follows: Zoning Districts Residential Categories Halfway House Institutional Categories Drug Rehabilitation Center or Other Facility for Treatment of Drug Dependency AR S, L(8) N L(8) = No halfway house is permitted in an AR neighborhood as defined in Sec Refer to section for more information concerning halfway houses. SECTION 4. Section 9-6-2, entitled Permitted uses, of the Code of Athens-Clarke County is hereby amended by deleting the introductory sentence thereto in its entirety and substituting the following in lieu thereof: The following uses and their accessory uses are permitted as provided for in the use table below: SECTION 5. Section 9-6-2, entitled Permitted uses, of the Code of Athens-Clarke County is hereby amended by adding Halfway House and Drug Rehabilitation Center or Other Facility for Treatment of Drug Dependency to the use table and by deleting L(1) from the Legend thereto and substituting the following in lieu thereof: Zoning Districts Residential Categories Halfway House Institutional Categories Drug Rehabilitation Center or Other Facility for Treatment of Drug Dependency IN Institutional S, L(1) P, L(1)

14 L(1) = Permitted support uses or structures owned or operated by, leased by or to, or otherwise controlled by, the institutional user, which directly provide service to the institution and its patrons, and when such support use or structure is physically integrated into the physical plan of this institution. This provision shall include, but not be limited to leasing of office space by a hospital or health care facility to independent physicians or other health care providers. Residential uses must be owned or operated by the institutional user with a primary use other than residential. Refer to section A. and B. for more information concerning Personal Care Homes. Refer to section for more information concerning halfway houses. SECTION 6. Section 9-7-2, entitled Permitted uses, of the Code of Athens-Clarke County is hereby amended by adding Halfway House and Drug Rehabilitation Center or Other Facility for Treatment of Drug Dependency to the use table, by amending the use table concerning Bed and Breakfast as shown below, and by deleting L(5) from the Legend thereto in its entirety. The following uses and their accessory uses are permitted as contained in the use table below: Zoning Districts Residential Categories Halfway House Commercial Categories Bed and Breakfast Institutional Categories Drug Rehabilitation Center or Other Facility for Treatment of Drug Dependency RS-40 RS-25 RS-15 RS-8 RS-5 N N N N N N N N N N N N N N N SECTION 7. Section 9-8-2, entitled Permitted uses, of the Code of Athens-Clarke County is hereby amended by adding Halfway House and Drug Rehabilitation Center or Other Facility for Treatment of Drug Dependency to the use table and by adding L(8) to the Legend thereto as follows: Zoning Districts RM-1 RM-2 RM-3 Residential Categories Halfway House S, L(8) S, L(8) S, L(8) Institutional Categories Drug Rehabilitation Center or Other Facility for Treatment of Drug Dependency S, L(5) S, L(5) S, L(5) L(8) = Refer to section for more information concerning halfway houses. SECTION 8. Section , entitled Permitted uses, of the Code of Athens-Clarke County is hereby amended by amended by adding Halfway House and Drug Rehabilitation Center or Other Facility for Treatment of Drug Dependency to the use table and by adding L(15) to the Legend thereto as follows: Zoning Districts Residential Categories Halfway House Institutional Categories Drug Rehabilitation Center or Other Facility for Treatment of Drug Dependency C-G General C-D Downtown C-O Office C-N Neighborhood C-R Rural S, L(15) S, L(15) S, L(15) S, L(15) S, L(15) P P N N N

15 L(15) = Refer to section for more information concerning halfway houses. SECTION 9. Section , entitled Permitted uses, of the Code of Athens-Clarke County is hereby amended by deleting the introductory sentence thereto and substituting the introductory sentence shown below and by adding Halfway House and Drug Rehabilitation Center or Other Facility for Treatment of Drug Dependency to the use table as follows: The following uses and their accessory uses are permitted as follows in these districts: Zoning Districts E-O Employment- Office E-I Employment- Industrial Residential Categories Halfway House N N N Institutional Categories Drug Rehabilitation Center or Other Facility for Treatment of Drug Dependency P P P I Industrial SECTION 10. Chapter 9-15, entitled General Regulations, of the Code of Athens- Clarke County is hereby amended by adding a new section thereto as follows: Sec Halfway houses. A. Halfway houses are subject to, but not limited to, the following conditions: 1. The facility must show evidence of all required state or federal permits. 2. The property of each permitted halfway house shall be at least 1,000 feet in all directions from the property of any other halfway house. No variance is allowed from the distance requirement herein. 3. An application for a zoning decision for a halfway house shall follow the Type I procedure in chapter 9-4 and the hearing provisions set forth in O.C.G.A B. The maximum number of residents in halfway houses shall be limited as follows: Maximum number of residents* Zoning classification 10 RM-1 15 AR, IN, RM-2, RM-3, C-G, C-D, C-O, C-N, and C-R over 15 (built to dormitory standards) IN, RM-2, RM-3, C-G, C-D *On-site managers and/or staff are counted as residents. SECTION 11. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on a resolution relating to a complete streets policy. Planning Commission recommendation: Approve (unanimous) The following citizen input was received. 1. Tyler Dewey, Executive Director BikeAthens supported. A motion was made by Commissioner Kinman, seconded by Commissioner Girtz, to adopt the following resolution. The motion passed by unanimous vote. RESOLUTION WHEREAS, the Commission of Athens-Clarke County, Georgia proposes this Resolution relating to Athens-Clarke County's Complete Streets policy, attached hereto, stating guiding principles and practices so that transportation improvements are planned, designed and constructed to encourage walking, bicycling and transit use while promoting safe operations for all users; and WHEREAS, Athens-Clarke County's Complete Streets guiding principle is to design, operate and maintain Athens-Clarke County's streets to promote safe and convenient access and travel

16 for all users -- pedestrians, bicyclists, transit riders, and people of all ages and abilities, as well as freight and motor vehicle drivers; and WHEREAS, the full integration of all modes of travel in the design of streets and roadways will reduce traffic congestion, improve mobility, and provide more reliable commute times; and WHEREAS, Athens-Clarke County will implement policies and procedures related to the construction, reconstruction or modification of transportation facilities to support the creation of Complete Streets, wherever it is practical to do so, while recognizing that all streets are different and in each case user needs must be balanced; WHEREAS, Athens-Clarke County has the opportunity to create and improve transportation facilities for all users by implementing Complete Streets principles and standards into appropriate Athens-Clarke County right-of-way projects. NOW, THEREFORE, the Commission of Athens-Clarke County, Georgia hereby resolves as follows: Section 1. Athens-Clarke County will plan for, design and construct all new public transportation improvement projects to provide appropriate accommodation for pedestrians, bicyclists, transit riders, and persons of all abilities, while promoting safe operation for all users, as provided for in the Complete Streets Policy. Section 2. Because freight is important to the basic economy of Athens-Clarke County and has unique right-of-way needs to support that role, freight will be the major priority on streets classified as Arterials. Complete Street improvements that are consistent with freight mobility but also support other modes shall be considered on these streets. Section 3. Except in unusual or extraordinary circumstances, Complete Streets principles will not apply: to repairs made in accordance with routine Athens-Clarke County maintenance programs; to ordinary maintenance activities designed to keep assets in serviceable condition (e.g., mowing, cleaning, sweeping, spot repair and surface treatments such as chip seal, or interim measures on detour or haul routes); Section 4. Complete Streets may be achieved through single projects or incrementally through a series of smaller improvements or maintenance activities over time. It is the Mayor and Commission s intent that all sources of transportation funding be drawn upon to implement Complete Streets. The Mayor and Commission believe that maximum financial flexibility is important to implement Complete Streets principles. A public hearing was held on a revised Future Development Map in regards to future development designations from July 1, 2008 to October 2, 2012 and to incorporate updated GIS parcel layer data. Planning Commission recommendation: Approve (unanimous) There was no citizen input. A motion was made by Commissioner Sims, seconded by Commissioner Bailey, to adopt the following ordinance (# ) 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 ZONING ADOPTION OF REVISED OFFICIAL FUTURE DEVELOPMENT MAP OF ATHENS-CLARKE COUNTY AND TEXT AMENDMENTS RELATED THERETO; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section 9-3-3, entitled Official Zoning Map, Paragraph A, subparagraph

17 2 of the Code of Athens-Clarke County, is hereby amended by deleting said subparagraph in its entirety and substituting the following in lieu thereof: 2. Future Development map, adopted on December 4, 2012, as an integral component of the Athens-Clarke County Comprehensive Plan, and signed by the Athens-Clarke County Mayor and Clerk of Commission, with the following certification: "This is to certify that this is the Official Future Development Map of Athens-Clarke County referred to and incorporated in the Zoning Ordinance of Athens-Clarke County, Georgia." This map supersedes the Official Future Development Map adopted July 1, 2008, and certified July 2, Said map is made a part of the Athens-Clarke County and the City of Winterville Comprehensive Plan by reference herein and a part of Title 9 of the Code of Athens-Clarke County by reference and incorporation as if fully set forth herein. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on revised zoning map in regards to approved and expired zoning designations from February 2, 2010 to October 2, 2012 to incorporate updated GIS parcel layer data, to correct a zoning designation at 225 North Lumpkin Street, and to rezone certain properties owned by the state and Athens-Clarke County government to Government or Park designations. Planning Commission recommendation: Approve (unanimous) There was no citizen input. A motion was made by Commissioner Kinman, seconded by Commissioner Robinson, to adopt the following ordinance (# ) 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 ZONING ADOPTION OF REVISED OFFICIAL ZONING MAP AND RELATED TEXT AMENDMENTS; CORRECTION TO REMOVAL ERRONEOUS PLANNED DEVELOPOMENT DESIGNATION ON ONE PARCEL OF LAND; REMOVAL OF REVOKED SPECIAL USE DESIGNATION ON 3 PARCELS OF LAND; AND REZONING OF 13 PARCELS OF LAND TO G (GOVERNMENT) AND 7 PARCELS OF LAND TO P (PARK); AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Legislative Purpose and Findings. Pursuant to the provisions of Section 9-3-7, entitled Replacement of Official Zoning Map, of the Code of Athens-Clarke County, the Mayor and Commission find that the Official Zoning Map, adopted February 2, 2010 and certified February 5, 2010, pursuant to the provisions of Sections and of the Code of Athens-Clarke County, has become difficult to interpret because of the number of changes and additions to said Official Zoning Map since its adoption on February 2, Said map incorporates updated GIS parcel layer data, the correction of the zoning designation at 225 North Lumpkin Street (171A5 A015) by removing an erroneous Planned Development designation, the removal of the special use symbol from 3 parcels of land with address and tax parcel numbers 815 North Chase Street (114D1 A024), 304 Vineyard Drive (103D3 C014) and 2815 Riverbend Road ( B), due to the revocation of the special use permits pursuant to Athens-Clarke County Code Section , and the rezoning of 20 parcels of land owned by the Unified Government of Athens-Clarke County as set forth below in Section 4 and Attachment A. Therefore, the Mayor and Commission find it necessary to adopt a new Official Zoning map, which shall supersede said prior official zoning map, and shall be considered an integral part of Title 9 of the Code of Athens-Clarke County. SECTION 2. Section 9-3-3, Entitled Official Zoning Map, of the Code of Athens- Clarke County, Paragraph A, subparagraph 1, is hereby amended by deleting said subparagraph in its entirety and substituting the following in lieu thereof: 1. The location and boundaries of the districts designated in section and the design areas for the C-D district designated in section are established as shown on the