Mayor & Commission Meetings

Unified Government of Athens-Clarke County, Georgia Mayor and Commission Tuesday, December 2, 2025 6:00 p.m. City Hall The Unified Government of Athens-Clarke County, Georgia met this date in a regular monthly session. Present: Mayor Girtz; Commissioners Davenport, Link, Taylor, Wright, Fisher, Johnson, Culpepper, Myers Thornton, and Hamby. No one was absent. A motion was made by Commissioner Taylor, seconded by Commissioner Myers, to approve minutes of meetings of Tuesday, November 4; Tuesday, November 18 (2) and non-voting meetings of Tuesday, November 12 and Tuesday, November 18, 2025. The motion passed by unanimous vote. Written communications There were none. 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. Public input There was none. A motion was made by Commissioner Fisher, seconded by Commissioner Taylor, to consent to action on the following 11 items. The motion passed by unanimous vote. 1. a. Approve submission of an application by the Athens-Clarke County Police Department (ACCPD) for, and accept, if awarded, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program 2025 Existing Local Project Grant as per agenda report dated October 23, 2025; b. Authorize the continuation of four Athens-Clarke County Police Department (ACCPD) sworn officer positions in the Northeast Georgia Regional Drug Task Force, consistent with the grant award; c. Adopt the following budget ordinance (Attachment #1) which was presented by title only ( 25-12-110); and d. Authorize the Mayor and appropriate staff to execute all documents associated with the grant. AN ORDINANCE TO AMEND THE FY2026 OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT FUNDING, IF AWARDED, FROM THE GEORGIA CRIMINAL JUSTICE COORDINATING COUNCIL’S (CJCC) BYRNE JUSTICE ASSITANCE EXISTING LOCAL PROJECT GRANT PROGRAM FOR THE CONTINUATION OF FOUR POLICE DEPARTMENT INVESTIGATOR POSITIONS DIRECTLY SUPPORTING THE EFFORTS OF THE NORTHEAST GEORGIA REGIONAL DRUG TASK FORCE; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the Grants Special Revenue Fund to provide grant funding, if awarded, from the Georgia Criminal Justice Coordinating Council’s (CJCC) Byrne Justice Assistance Existing Local Project Grant Program for continuation of four Investigator positions directly supporting efforts of the Northeast Georgia Regional Drug Task Force; and for other purposes. Said Operating budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES:  Increase: CJCC Byrne Justice Assistance Grant $139,460 EXPENDITURES: Increase: Police Department: Personal Services $139,460 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 2. Adopt the following resolution (Attachment #1) authorizing the Tax Commissioner to commence judicial in rem tax foreclosure proceedings and to file petitions in the Superior Court of Athens-Clarke County as provided by law as per agenda report dated October 15, 2025. A RESOLUTION OF THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA AUTHORIZING JUDICIAL IN REM TAX FORECLOSURES WHEREAS, the General Assembly of the State of Georgia has found that the non- payment of ad valorem taxes places a greater burden on taxpayers who do pay, creates barriers to neighborhood and urban revitalization, and allows significant delinquency that hampers marketability and insurability of property; and WHEREAS, putting tax delinquent properties back on the tax rolls and into productive use helps eliminate health and safety hazards; and WHEREAS, the General Assembly, through Senate Bill 383 (effective April 7, 1995), amended Chapter 4 of Title 48 of the Official Code of Georgia Annotated by adding Article 5, providing for judicial in rem foreclosure of tax executions; and WHEREAS, O.C.G.A. § 48-4-76(a) authorizes the governing authority of any county to proceed with judicial in rem tax foreclosures for delinquent taxes upon adoption of a resolution; and WHEREAS, the Mayor and Commission of Athens-Clarke County desire to adopt such resolution to authorize judicial in rem tax foreclosure proceedings as an additional tool for collection of delinquent taxes; NOW THEREFORE, BE IT RESOLVED, pursuant to and as authorized by O.C.G.A. § 48-4-76(a), the Mayor and Commission of the Unified Government of Athens-Clarke County, Georgia resolves and elects to authorize the duly elected Clarke County Tax Commissioner to commence judicial in rem tax foreclosure proceedings and to file petitions in the Superior Court of Athens-Clarke County as provided by law. REPEALER All previous Resolutions in conflict herewith are hereby superseded and repealed. EFFECTIVE DATE This Resolution shall be effective upon adoption. It shall remain in full force and effect until superseded or repealed. 3. 1. Designate Super Bowl Sunday, February 8, 2026, as the authorized Sunday for calendar year 2026 as per agenda report dated October 27, 2025; and 2. Adopt the following resolution to that end (Attachment #1). RESOLUTION BE IT RESOLVED BY THE MAYOR AND COMMISSION OF ATHENS-CLARKE COUNTY: WHEREAS, O.C.G.A. § 3-3-7(r) authorizes the governing authority of a county or a municipality to adopt a resolution or ordinance to authorize the sale of alcoholic beverages for consumption on the premises from 12:30 p.m. to 12:00 midnight on one Sunday during each calendar year, and WHEREAS, § 6-3-5(i)(10) of the Code of Ordinances of Athens-Clarke County implements the above-described statute, and  WHEREAS, the Mayor and Commission of the Unified Government of Athens-Clarke County desire to so designate one Sunday in 2026 for such purpose, NOW, THEREFORE, BE IT RESOLVED that the Mayor and Commission do hereby declare that Sunday, February 8, 2026, is designated as the Sunday during calendar year 2026 when licensees holding Class D, E or F alcoholic beverages licenses may sell alcoholic beverages for consumption on the premises from 12:30 p.m. to 12:00 midnight on such date and until 2:30 a.m. on the following Monday. 4. 1. Declare the attached list (Attachment #) of real and personal properties uncollectable as per agenda report dated October 20, 2025; and 2. Authorize the removal of these accounts from the Unified Government of Athens-Clarke County Tax Commissioner’s active receivable accounts in accordance with O.C.G.A. §44-14-11. 5. a. Approve the designation of Kimley-Horn and Associates, Inc. as the most qualified firm to enter negotiation for corridor planning services for the Alps Rd, Hawthorne Ave, and Oglethorpe Ave Corridors as per agenda report dated October 21, 2025; b Award a Scope Specific Master Contract to Kimley-Horn and Associates, Inc. for Corridor Planning Services on Alps Rd, Hawthorne Ave, and Oglethorpe Ave for a cost not to exceed $1,000,000; and, c. Authorize the Mayor and appropriate staff to execute any and all other project-related documents to facilitate the Planning contract following FHWA guidelines. 6. a. Approve the Preliminary Design for the SPLOST 2020 Project 31 Vincent Drive Sidewalk Project, as generally shown in Attachment #1, and advance the Project to Final Design as per agenda report dated October 13, 2025; b. Authorize staff to acquire the necessary right-of-way and easements, as generally shown on Attachment #2, and subsequently enter into the bid & award phase for this project; and, c. Authorize the Mayor and appropriate staff to execute any necessary utility relocation agreements and any other project related documents. 7. Approve a connection to the Unified Government of Athens-Clarke County sanitary sewer system by means of a private pump station and force main to provide sewage service to property located at 1125 Prince Avenue as per agenda report dated October 24, 2025. 8. a. Approve the Proposed Preliminary Plans for TSPLOST 2018, Project 11 and Project 12 - Bicycle & Pedestrian Improvement Programs, Jefferson River Road Multi-Use Path Improvements Project, Sub-Project #3, from Jefferson Road to Vincent Drive as per the revised agenda report dated November 26, 2025, and as generally shown on Attachment #1; b. Authorize staff to negotiate and enter into agreements to acquire the necessary rights-of- way, permanent easements, and temporary easements as necessary to support the proposed Preliminary Plans for Jefferson River Road Multi-Use Path Improvements Project, as generally shown on Attachment #1; c. Authorize staff to advance the proposed Preliminary Plans for Jefferson River Road Multi-Use Path Improvements Project, as generally shown on Attachment #1, to Final Design followed by the Bid and Award Phase; d. Approve continue using the on-call designers, Arcadis U.S. Inc. (Arcadis), to advance the project into the Final Design, Land Acquisition and Bid & Award Phases for a not to exceed contract in the amount of $275,000; and e. Authorize the Mayor and appropriate staff to execute any and all other project related documents. 9. Approve an appropriation of $5,304 to the FY26 Operating Budget for Probate Court, Compensation – Supplemental and authorize staff to amend the supplement amount of the Judges, effective January 1, 2026, as per agenda report dated October 20, 2025. 10. Approve an appropriation of $7,668 to the FY26 Operating Budget for Magistrate Court, Compensation – Supplemental and authorize staff to amend the supplement amounts of the Chief Magistrate and two (2) Associate Magistrates, effective January 1, 2026, as per agenda report dated October 20, 2025. 11. Approve a supplement adjustment of $4,822 and authorize staff to amend the supplement amounts of the two (2) state paid attorneys, as per agenda report dated October 20, 2025, Public hearing and deliberation on recommendations from the Athens-Clarke County Planning Commission A public hearing was held on the request of Chase T. Zech / Armentrout, Matheny, Thurmond P.C., Owner Marvin Williams, for a Rezone from A-R to C-R, on 30 acres of a 71.544-acre tract known as 255 Smithonia Road. Proposed use is a Church. Type II District 3 Planning Commission recommendation: Approval w/Conditions Public input 1 Chase Zech - supported 2. Roger Hilten - opposed 3. Annie Cheatham opposed 4. Liam Hardy - opposed A motion was made by Commissioner Taylor, seconded by Commissioner Wright, to DENY the rezoning request. The motion passed by unanimous vote. A public hearing was held on the request of Ed Lane / SPG Planners & Engineers, Owner: Homewood Village, LLC., for a Master Planned Development from C-G to C-G (PD), on 15.95 acres known as 2415 Jefferson Road. Proposed use Residential - Commercial Mixed Use. Type II District 5 Planning Commission recommendation: Approval w Conditions Public Input 1. Jack Murphy - supported 2. Jamie Hilimire - opposed 3. Keith Hubbard - opposed 4. Dr. Carol Hubbard opposed 5. Bertis Downs - supported 6. Georgianna Ingram - supported 7. Ken Blumreich - supported 8. Brett DeLoach - supported 9. Grace Tuchak - opposed 10. Elizabeth Little - opposed 11. Chris Moore - opposed 12. Heather McElroy opposed 13. John McElroy - opposed 14. Adrian Haro - supported 15. Bryan Austin - supported 16. Collette Walsh - opposed 17. Pat Stanley - opposed  18. Derek Eberhart - opposed 19. Michael Goltzer - opposed 20. Corey Sabah - opposed 21. Angela Stanley - opposed A motion was made by Commissioner Fisher, seconded by Commissioner Culpepper, to approve the request of Ed Lane / SPG Planners & Engineers, Owner: Homewood Village, LLC., for a Master Planned Development from C-G to C-G (PD), on 15.95 acres known as 2415 Jefferson Road. A substitute motion was made by Commissioner Link, seconded by Commissioner Myers, to HOLD until January 6, 2025, voting meeting. The substitute motion passed by roll call vote with Commissioners Link, Wright, Johnson, Myers, Thornton, and Davenport voting YES; Commissioners Taylor, Fisher, Culpepper and Hamby voting NO. (6 YES; 4 NO) A public hearing was held on the request of Request of Eric & Windy Krasle, Owner: Gresham- Krasle Properties, LLC., for a Special Use Permit - Special Use in RM-2, on 6.2 acres (subject area: 0.01 acres) known as 250 Little Street A208. Proposed use is Commercial Short Term Rental Type II District 8 Planning Commission recommendation: Approval Public input There was none. A motion was made by Commissioner Myers, seconded by Commissioner Thornton, to adopt the following ordinance (25-12-111) which was presented by title only. The motion passed by roll call vote with Commissioners Myers, Thornton, Davenport, Link, Fisher, Johnson and Culpepper voting YES; Commissioner Hamby and Taylor voting NO; and Commissioner Wright Recused. (7 YES, 2 NO, and 1 RECUSED). AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO SPECIAL USE APPROVAL IN THE RM-2 (MIXED-DENSITY RESIDENTIAL) DISTRICT FOR ONE PARCEL LAND LOCATED AT 250 LITTLE STREET, UNIT A208; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The current RM-2 (Mixed-Density Residential) District is hereby amended to provide for special use approval of a Commercial Short-Term Rental. The subject parcel of land is approximately 6.2 acres, 0.01 acres of which is affected by the special use approved herein, is located at 250 Little Street, Unit A208, and is known as Tax Parcel Number 171D3 A208 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 as shown by Attachment A hereto shall be noted on the Official Zoning Map in the office of the Clerk of Commission and duly noted in the minutes of the Commission meeting. The subject parcel of land is more particularly described in that certain document entitled “ArcGIS Web Map,” and which 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 2. The binding site plan associated with this ordinance and incorporated herein by reference consists of three (3) pages in total. Eash page is described in the table below. Sheet Title/Description Date: No.: N/A ArcGIS Web Map N/A N/A Photo 1 depicting the exterior of N/A unit A-208 N/A Photo 2 depicting the exterior of N/A unit A-208 (labeled “A 2 of 2”)  Upon adoption hereof, said pages shall be stamped “binding” and made 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 and incorporated herein by reference consists of five (5) pages in total and is entitled “Application Report, 250 Little St. A-208, Athens, GA 30605, Gresham Krasle Properties, LLC.” Upon adoption hereof, said written report shall be stamped “binding” and made available for public inspection in the office of the Athens- Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. SECTION 3. All ordinances or parts of ordinances in conflict therewith are hereby repealed. A public hearing was held on the request of Request of Eric & Windy Krasle, Owner: Gresham- Krasle Properties, LLC., for a Special Use Permit - Special Use in RM-2, on 6.2 acres (subject area: 0.01 acres) known as 250 Little Street A303. Proposed use is Commercial Short Term Rental Type II District 8 Planning Commission recommendation: Approval Public input There was none. A motion was made by Commissioner Myers, seconded by Commissioner Thornton, to adopt the following ordinance (25-12-112) which was presented by title only. The motion passed by roll call vote with Commissioners Myers, Thornton, Davenport, Link, Fisher, Johnson and Culpepper voting YES; Commissioner Hamby and Taylor voting NO; and Commissioner Wright Recused. (7 YES, 2 NO, and 1 RECUSED). AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO SPECIAL USE APPROVAL IN THE RM-2 (MIXED-DENSITY RESIDENTIAL) DISTRICT FOR ONE PARCEL LAND LOCATED AT 250 LITTLE STREET, UNIIT A303; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The current RM-2 (Mixed-Density Residential) District is hereby amended to provide for special use approval of a Commercial Short-Term Rental. The subject parcel of land is approximately 6.2 acres, 0.01 acres of which is affected by the special use approved herein, is located at 250 Little Street, Unit A303, and is known as Tax Parcel Number 171D3 A303 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 as shown by Attachment A hereto shall be noted on the Official Zoning Map in the office of the Clerk of Commission and duly noted in the minutes of the Commission meeting. The subject parcel of land is more particularly described in that certain document entitled “ArcGIS Web Map,” and which 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 2. The binding site plan associated with this ordinance and incorporated herein by reference consists of three (3) pages in total. Eash page is described in the table below. Sheet Title/Description Date: No.: N/A ArcGIS Web Map N/A N/A Photo 1 depicting the exterior of N/A unit A-303 N/A Photo 2 depicting the exterior of N/A unit A-303 (labeled “A 2 of 2”) Upon adoption hereof, said pages shall be stamped “binding” and made 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 and incorporated herein by reference consists of five (5) pages in total and is entitled “Application Report, 250 Little St. A-208, Athens, GA 30605, Gresham Krasle Properties, LLC.” Upon adoption hereof, said written report  shall be stamped “binding” and made available for public inspection in the office of the Athens- Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. SECTION 3. All ordinances or parts of ordinances in conflict therewith are hereby repealed. A public hearing was held on the request of Eric Johansen / Universal Planning & Development, LLC., Owner: DRH Properties LLC, for a Rezone from C-G & C-R to E-O, on 2.138 acres known as 115 McClung Road. The proposed use Commercial Self-Service Storage. Type II District 9 Planning Commission recommendation: Approval Public input 1. Eric Johansen - supported A motion was made by Commissioner Thornton, seconded by Commissioner Wright, to adopt the following ordinance (25-12-113) 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 2.138 ACRES LOCATED AT 115 MCCLUNG ROAD FROM C-R (COMMERCIAL-RURAL) AND C-G (COMMERCIAL- GENERAL) TO E-O (EMPLOYMENT-OFFICE); 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 Sections 9-3-3 and 9-3-6 thereof, is hereby amended by changing the zoning of a parcel of land comprising approximately 2.138 acres and located at 115 McClung Road, Athens, Georgia, from C-R (Commercial-Rural) and C-G (Commercial-General) to E-O (Employment- Office) as shown on Attachment A hereto. The affected parcel is more particularly described in that certain document entitled “Administrative Reconfiguration Plat For: Universal Planning and Development, LLC,” prepared by John F. Brewer, III, registered land surveyor, dated March 13, 2025, 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 affected parcel is also known as Tax Parcel No. 154 038P 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, 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on the Request of Eric Johansen / Universal Planning & Development, LLC., Owner: DRH Properties, LLC, for a Special Use Permit, Special Use E-O, on 2.138 acres known as 115 McClung Road. Proposed use is Commercial Self-Service Storage Type II District 9 Planning Commission recommendation: Approval Public input There was none. A motion was made by Commissioner Thornton, seconded by Commissioner Wright, to adopt the following ordinance (25-12-)114 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 SPECIAL USE APPROVAL FOR A SELF-SERVICE STORAGE FACILITY ON A PARCEL  OF LAND COMPRISING APPROXIMATELY 2.138 ACRES LOCATED AT 115 MCCLUNG ROAD; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The current Employment-Office (E-O) district is hereby amended to provide for special use approval of a self-service storage facility as described herein. The affected parcel of land comprises approximately 2.138 acres in total, is located at 115 McClung Road, Athens, Georgia, and is also known as Tax Parcel No. 154 038P 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 hereto shall be noted on said Official Zoning Map in the office of the Clerk of Commission and duly noted in the minutes of the Commission meeting. The subject parcel is further described in that certain document entitled “Self Storage Exhibit A,” prepared by W&A Engineering, which 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 2. The binding site plan associated with this ordinance and incorporated herein by reference consists of five pages in total. The respective number, title, and date of each sheet is listed below. Sheet Title: Date: No.: N/A Self Storage Exhibit A N/A N/A Representative Elevations N/A (showing north elevation and west elevation) N/A Representative Elevations N/A (showing east elevation and south elevation) N/A Retaining Wall N/A (showing north, west, south, and east elevations) N/A Self Storage Exhibit N/A Upon adoption and approval of this ordinance, each sheet listed above shall be stamped “Binding” and shall be 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 and incorporated herein by reference consists of seven pages in total, inclusive of an attached Special Use Variance Application, is entitled “Special Use Permit Application Report,” and prepared by DRH Properties, LLC. Upon adoption and approval of this ordinance, said binding report shall be stamped “Binding,” and shall be 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. As a condition associated with the special use approved herein, the owner/applicant shall be granted a variance from the requirement in Section 9-11-4 of the Code of Athens-Clarke County, Georgia, of a maximum floor area ratio of 0.75 in the E-O (Employment-Office) district to allow a maximum floor area ratio of 1.0. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on the Request of Frank Pittman / Pittman & Greer Engineering, Owner: Allgood Properties, LLC., for a Rezone from C-R to C-G, on 1.54 acres known as 1065, 1075, & 1085 Hull Road. Proposed use Commercial Retail/Restaurant. Type II District 9 Planning Commission recommendation: Approval w/Condition (unanimous) Public input 1. Frank Pittman - supported A motion was made by Commissioner Thornton, seconded by Commissioner Link, to adopt the following ordinance (25-12-115) which was presented by title only. The motion passed by 9-1. Commissioner Taylor voted NO.  AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO REZONING THREE PARCELS OF LAND COMPRISING APPROXIMATELY 1.54 ACRES OF LAND LOCATED AT 1065, 1075, AND 1085 HULL ROAD FROM C-R (COMMERCIAL-RURAL) TO C-G (COMMERCIAL-GENERAL); 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 Sections 9-3-3 and 9-3-6 thereof, is hereby amended by changing the zoning of three parcels of land comprising approximately 1.54 acres and located at 1065, 1075, and 1085 Hull Road, Athens, Georgia, from C-R (Commercial-Rural) to C-G (Commercial- General) as shown on Attachment A hereto. The affected parcels of land are more particularly described in that certain document entitled “Retracement Boundary Plat,” designated in the lower right hand corner as “Sheet 1 of 1,” prepared by Steven R. Crim, registered land surveyor, dated June 11, 2025, 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 affected parcels are also known as Tax Parcel Numbers 213 012 (1065 Hull Road), 213 001G (1075 Hull Road), and 213 013 (1085 Hull Road) 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 on the Official Zoning Map of Athens-Clarke County as shown by Attachment A hereto shall be noted on said Official Zoning Map in the office of the Clerk of Commission, 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting. SECTION 2. The following condition of zoning shall be associated with this ordinance: 1. Land Disturbance Permits shall not be issued without a viable sanitary sewer connection in accordance with the standards of the Athens-Clarke County Public Utilities Department. SECTION 3. All other ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on the Request of Athens-Clarke County Unified Government to amend Title IX of the Code of Ordinances regarding special use permits for short-term rentals. Planning Commission recommendation: Approval Public input 1. Linda Carol Porterfield – supported. A motion was made by Commissioner Myers, seconded by Commissioner Thornton, to adopt the following ordinance (25-12-116) 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 COMMERCIAL SHORT-TERM RENTALS AND HOME OCCUPATION SHORT-TERM RENTALS; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. Concerning this ordinance, the Commission of Athens-Clarke County hereby provides the following background: (a) On February 6, 2024, the Commission of Athens-Clarke County adopted an ordinance entitled “AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA, WITH RESPECT TO SHORT-TERM RENTALS; AND FOR OTHER PURPOSES,” commonly referred to as the “Short-Term Rental Ordinance.” The Mayor of Athens-Clarke County approved the Short-Term Rental Ordinance on that same date. (b) On June 3, 2025, the Commission of Athens-Clarke County adopted an ordinance entitled, “AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA, WITH RESPECT TO OPERATION OF SHORT-TERM RENTALS; AND FOR OTHER PURPOSES,” which made certain modification to the Short-Term Rental Ordinance. The Mayor of Athens-Clarke County approved this ordinance on June 6, 2025. (c) The Unified Government of Athens-Clarke County regulates land use through Title 9 of the Code of Athens-Clarke County, Georgia. Article I of that Title is known as “The Zoning Ordinance of Athens-Clarke County, Georgia,” and may be referred to as the “Zoning Ordinance” in this Section 1. (d) The Short-Term Rental Ordinance, as amended, has established a definition for the terms “short-term rental,” “short-term rental, commercial,” and “short-term rental, home occupation.” (e) The Short-Term Rental Ordinance, as amended, has further established the zoning districts where commercial short-term rentals and home occupation short-term rentals are allowed either as a permitted use or special use. (f) It is the intent of the Commission of Athens-Clarke County to amend the Zoning Ordinance to further refine and clarify the regulation and use of short-term rentals in certain zoning districts. As part of these amendments, the Commission of Athens-Clarke County desires to revise the zoning districts within which commercial short-term rentals are allowed as a special use. The Commission further desires to make minor clarifications to the definition of “short-term rental, home occupation” and minor modifications concerning certain regulations pertaining to home occupation short-term rentals. (g) This Section 1 provides important background related to this ordinance, and thus, constitutes an integral part of this ordinance. SECTION 2. Section 9-2-1 of the Code of Athens-Clarke County, Georgia, entitled “General,” is hereby amended by adding the phrase “standards for which are found in section 9- 15-16,” to the second sentence within the definition of “Short-term rental, home occupation,” so that said definition now reads as follows: Short-term rental, home occupation: Any short-term rental (STR) which is rented by the owner-occupant or the primary resident of the residential dwelling unit. For the purposes of this definition, a person must apply for and receive a home occupation permit (and comply with all requirements of the permit) to have a home occupation short-term rental, standards for which are found in section 9-15-16. As it applies to short-term rentals, an “owner-occupant” is a person who is an owner of record of a parcel and occupies the parcel as the person’s primary residence. SECTION 3. Section 9-5-2 of the Code of Athens-Clarke County, Georgia, entitled “Permitted uses,” is hereby amended by deleting the notation “S” in the row labeled “Short-Term Rental, Commercial,” under the column labeled “AR,” and replacing said notation with “P, L(9) so that the pertinent portion of the use table for the Agricultural Residential (AR) District now reads as follows: Commercial Categories Home Occupation P Sales of products grown on site P Hostels N Hotels N Motels N Bed and Breakfast L(1), S Short-Term Rental, Commercial P, L(9) Retail Sales And Service L(2), S Convenience Store S Theaters (less than 1,000 Seats) N Restaurant or Bar L(3), S Drive-Through Facility N Professional Services and Office N Quick Vehicle Servicing N Vehicle Repair N Auto and RV Sales N Laundry Facilities N Equestrian Facilities P Commercial Outdoor Recreation S Indoor Recreation N  Major Event Entertainment N Commercial Parking Structures or Lots N Terminal (Passenger) S Administrative or Research Facilities S Broadcasting or Production Studios S Temporary Uses P Temporary Special Event P, L(7) Said Section 9-5-2 of the Code of Athens-Clarke County, Georgia, is further amended by deleting the language for footnote (L)(9) and replacing said language so that footnote L(9) now reads as follows: L(9) = Short-Term Rental, Commercial uses are not permitted in an “AR neighborhood,” as defined in section 9-15-18. Refer to section 9-15-28 for more information concerning Short-Term Rental, Commercial uses. SECTION 4. Section 9-8-2 of the Code of Athens-Clarke County, Georgia, entitled “Permitted uses,” is hereby amended by adding the notation “L(9)” in the row labeled “Home Occupation” and the columns labeled “RM-1,” “RM-2,” and “RM-3,” respectively, and deleting the notation “S” and replacing it with “N” in the row labeled “Short-Term Rental, Commercial,” and the columns labeled “RM-1,” “RM-2,” and “RM-3,” respectively, so that the pertinent portions of the use table for the Mixed Density (RM) Districts now read as follows: Zoning Districts RM‐1 RM‐2 RM‐3 Residential Categories Agriculture N N N Single‐Family Dwellings P P P Accessory Dwelling Units L(7) L (7) L(7) Dwellings Above Businesses P P P Duplexes P P P Personal care homes, individual P, P, L(6) P, L(6) L(6) Personal care homes, family P, P, L(6) P, L(6) L(6) Personal care homes, group S, S, L(6) S, L(6) L(6) Personal care homes, congregate S, S, L(6) S, L(6) L(6) Multifamily Dwellings P P P Class "A" Manufactured Homes L(1) L(1) L(1) Class "B" Manufactured Homes L(2) L(2) L(2) Boarding House, Rooming House S S S Dormitory S S S Halfway House S, S, L(8) S, L(8) L(8) Community Garden P P P Home Occupation P, P, L(9) P, L(9) L(9) Commercial Categories Sales of products grown on site N N N Hostels N P P Hotels N N N Motels N N N Bed and Breakfast L(3) L(4) L(4) Short‐Term Rental, Commercial N N N Said Section 9-8-2 of the Code of Athens-Clarke County, Georgia, is further amended by adding a new footnote L(9) below the use table for the Mixed Density Residential (RM) Districts that shall read as follows: L(9) = Short-term rental home occupation uses are permitted with an allowance for one accommodation per dwelling unit or guest house as defined in this Title, provided however, that each dwelling unit or guest house must be occupied by an owner- occupant or primary resident. SECTION 5. Section 9-10-2 of the Code of Athens-Clarke County, Georgia, entitled “Permitted uses,” is hereby amended by adding the notation “L(17)” in the row labeled “Home Occupation” and the columns labeled “C-G,” “C-D,” “C-O,” “C-N,” and “C-R” respectively, so that the pertinent portions of the use table for the Commercial-General, Commercial-Downtown, Commercial-Office, Commercial-Neighborhood, and Commercial-Rural Districts now read as follows: Commercial C‐G C‐D C‐O C‐N C‐R Zoning Districts General Downtown Office Neighborhood Rural Residential Categories Agriculture N N N N P Single‐Family S, L(11) S, L(11) S, L(11) S, L(11) S, L(11) Dwellings Accessory S S N S S Dwelling Units Dwellings Above or P, L(1) P, L(1) P, L(1) P, L(1) P, L(1) Below Businesses Duplexes N N N N N Personal care S, L(12) S, L(12) S, L(12) S, L(12) S, L(12) homes, individual Personal care S, L(12) S, L(12) S, L(12) S, L(12) S, L(12) homes, family Personal care P, L(12) P, L(12) P, L(12) P, L(12) P, L(12) homes, group Personal care homes, P, L(12) P, L(12) P, L(12) P, L(12) P, L(12) congregate Multifamily P, L(1) P, L(1) P, L(1) P, L(1) P, L(1) Dwellings Class "A" N N N N P, L(10) Manufactured Homes Class "B" N N N N N Manufactured Homes Boarding House, S S S, L(13) S S Rooming House Dormitory S S S, L(13) S S Halfway House S, L(15) S, L(15) S, L(15) S, L(15) S, L(15) Community P P P P P Garden Home Occupation P, L(17) P, L(17) P, L(17) P, L(17) P, L(17) Commercial Categories Sales of products N N N N P grown on site Hostels P P P P P Hotels P P N L(4) N Motels P N N N N Bed and Breakfast P P P P P Short‐term P P P P P Rental, Commercial Said Section 9-10-2 of the Code of Athens-Clarke County, Georgia, is further amended by adding a new footnote L(17) below the use table for the Commercial-General, Commercial- Downtown, Commercial-Office, Commercial-Neighborhood, and Commercial-Rural Districts that shall read as follows: L(17) = Short-term rental home occupation uses are permitted with an allowance for one accommodation per dwelling unit or guest house as defined in this Title, provided however, that each dwelling unit or guest house must be occupied by an owner-occupant or primary resident. SECTION 6. Section 9-11-2 of the Code of Athens-Clarke County, Georgia, entitled “Permitted uses,” is hereby amended by adding the notation “L(9)” in the row labeled “Home Occupation” and the columns labeled “E-O,” and by deleting the notation “S” in the row labeled “Short-term Rental, Commercial,” and the column labeled “E-I, Employment Industrial,” and replacing said notation with “N”, so that the pertinent portions of the use table for the Employment-Office, Employment-Industrial, and Industrial Districts now read as follows: Zoning Categories E‐O Employment E‐I Employment I Industrial Office Industrial Residential Categories Agriculture L(4) L(4) L(4) Single Family Dwellings L(3) N N Accessory Dwelling Units L(7) N N Dwellings Above N N N Businesses Duplexes P, L(3) N N Personal care homes N N N Multifamily Dwellings L(3) N N Class "A" Manufactured L(3) N N Homes Class "B" Manufactured N N N Homes Boarding House or L(3) S, L(3) N Rooming House Dormitory L(3) S, L(3) N Halfway House N N N Community Garden P P P Home Occupation P, L(9) N N Commercial Categories Sale of products grown N N N on site Hostels N N N Hotels P P N Motels P P N Bed and Breakfast P P N Short‐term P N N Rental, Commercial Said Section 9-11-2 of the Code of Athens-Clarke County, Georgia, is hereby further amended by adding a new footnote L(9) below the use table for the Employment-Office, Employment-Industrial, and Industrial Districts that shall read as follows: L(9) = Short-term rental home occupation uses are permitted with an allowance for one accommodation per dwelling unit or guest house as defined in this Title, provided however, that each dwelling unit or guest house must be occupied by an owner- occupant or primary resident. SECTION 7. Section 9-15-16 of the Code of Athens-Clarke County, Georgia, entitled “Home occupations,” is hereby amended by deleting the word “Either” in the first sentence of sub- section (O), paragraph (7) thereof, and replacing it with “In the AR and RS zones,” so that said sub-section (O), paragraph (7) now reads as follows: 7. Short‐term rental, home occupation. In the AR and RS zones, the principal residential structure or an accessory structure can be utilized as a short‐term rental; however, only one structure on the same parcel may be utilized as a short‐term rental at any given time. In either case, a portion of the structure or the entirety of the structure can be utilized as a short‐term rental, notwithstanding the default limitation that home occupations must only utilize 25 percent of the dwelling. SECTION 8. Section 9-15-28 of the Code of Athens-Clarke County, Georgia, entitled “Short-Term Rentals,” is hereby amended by deleting the current language of sub-section (c), paragraph (2) thereof, and replacing such language so that said sub-section (c), paragraph (2) now reads as follows: (2) If an STR is allowed as a special use or has been approved as a special use prior to [date certain] in a certain zoning district, it shall be considered a conforming use if a special use permit has been issued, and shall remain a conforming use for so long as the special use permit is not expired, terminated, or revoked.  As it relates to this amendment to Section 9-15-28 of the Code of Athens-Clarke County, Georgia, it is the express intent of the Commission of Athens-Clarke County that the bracketed and italicized phrase “[date certain]” shall be replaced with the month, day, and year that this ordinance becomes effective as set forth in Section 2-204 of the Charter of the Unified Government of Athens-Clarke County, Georgia. The Clerk of Commission, in consultation with the Athens-Clarke County Attorney, is expressly authorized to ensure that said date is reflected in the codified version of this ordinance. SECTION 9. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10. The provisions of this ordinance are severable, and should any part of this ordinance be deemed by the final decision of a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. SECTION 11. The Clerk of Commission is authorized, in consultation with the Athens- Clarke County Attorney, to correct any scrivener’s errors that may be found herein after the adoption and approval hereof. SECTION 12. This ordinance shall become effective once approved by the Mayor or as otherwise set forth in Section 2-204 of the Charter of the Unified Government of Athens-Clarke County, Georgia. Old and new business – Discussion Public input The following public input was received. Supported Temporary Moratorium on Data Centers 1. Isaac Johnson 2. Jay Boyd 3. Maristella Tuczon 4. Dayria Conataria 5. Dr. Tawanna Mattox 6. Olivia Asher 7. Summer Blanco 8. Tim Johnson 9. Hampton Barrineu 10. Riya Sachdeva 11. Barry Erwin 12. Denise Horton 13. Tammy Foote 14. Laura Iyer, Southern Sustainability Institute 15. Tatyana Nienow 16. Tavares Smith 17. Evan Mills, Advantage Behavioral Health – supported SPLOST 2020 Project 28 A motion was made by Commissioner Davenport, seconded by Commissioner Thornton, to approve the Government Operations Committee recommendation with a condition added to F: to combine all the Tax Allocation Districts except for the East Athens Downtown (Inner East Athens) Tax Allocation District. A substitute motion was made by Commissioner Myers, seconded by Commissioner Fisher, to approve the Government Operations Committee recommendation as per the revised agenda report dated October 28, 2025, with the exception of f. 1. Direct the Manager and Attorney’s Office to return to the Mayor and Commission with ordinance changes to accomplish the following changes to locally created boards, authorities, or commissions: a. To discontinue the Construction Board of Appeals (as described in Ordinance 7-1-36 (d)) and delegate the role to the Georgia Department of Community Affairs as permitted in state law; b. To discontinue the dormant Commission on People with Disabilities (as described in Ordinance 1-16) since their purpose is covered by the Human Relations Commission as described in Ordinance 1-29 that was adopted in 2021;  c. To codify the Athens in Motion Commission in a local ordinance since their enabling legislation originated via a Mayor and Commission Resolution; d. To codify the Athens Landbank Authority in a local ordinance since their enabling legislation originated via a Mayor and Commission Resolution; e. To codify the Vision Committee in local ordinance; g. To transition the Mayor-appointed SPLOST and TSPLOST Citizen Oversight Committees into a single T/SPLOST Oversight Commission; and 2. To include a $25 per person per meeting stipend—with a maximum of one per month—for residents serving on a locally appointed Board, Authority, or Commission (to begin in the FY27 fiscal year 2 if approved); and, 3. To adopt the updated Boards, Authorities, and Commissions Manual3 (Attachment #1). Commissioner Myers amended the substitute motion to include descriptions of Boards, Authorities, and Commissions as it was listed in the original BAC manual (MAY 2019) and any Boards, Authorities, and Commissions that has been approved/created since the original date of the manual, Commissioner Fisher accepted. The substitute motion passed by unanimous vote. A motion was made by Commissioner Link, seconded by Commissioner Davenport, to a. Approve staff’s recommendation to award an additional $273,674.96 in recaptured ARPA funding to Athens Area Habitat for Humanity to support the agency’s existing ARPA contract for development of 10 affordable houses for sale in the Gaines Elementary School attendance zone (5 in Micah’s Creek and 5 in in-fill lots), for a total award of $1,773.674.96 as per agenda report dated October 27, 2025; and, b. Approve staff’s recommendation to amend the current Habitat ARPA contract scope of work to allow for a reduction of the number of housing units developed from ten to five, and allow for the reduced construction funds to be budgeted to support infrastructure development in Micah’s Creek Phase I; and c. Authorize Mayor and staff to execute all related documents. A substitute motion was made by Commissioner Fisher, seconded by Commissioner Taylor, to send back to the Housing and Community Development Department to reallocate the Habitat for Humanity funds among the remaining higher scored four agencies listed in the agenda report dated October 27, 2025. Commissioner Hamby offered an amendment to the substitute motion to hold until the January 6, 2026 voting meeting. Commissioner Fisher accepted the amendment, Commissioner Taylor seconded. There was a tie roll call vote with Commissioners Fisher, Johnson, Thornton, Hamby, and Taylor voting YES and Commissioners Culpepper, Myers, Davenport, Link and Wright voting NO. (5 YES; 5 NO) Mayor Girtz broke the tie by voting NO. The original motion passed by roll call vote with Commissioners Link, Taylor, Wright, Fisher, Culpepper, Myers, Hamby, and Davenport voting YES; Commissioners Johnson and Thornton voting NO. (8 YES; 2 NO) A motion was made by Commissioner Link, seconded by Commissioner Hamby, to approve the following Commission Defined Option for the TSPLOST 2018, Project 11 & 12, SP #7 - Barber Street Bicycle and Pedestrian Imp., Proposed Preliminary Plans, Land Acquisition and Revised Project Concept, agenda report dated October 20, 2025. The motion passed by unanimous vote. a. Approve the Proposed Preliminary Plans, as generally shown in Attachment #1, for Segments 1 & 2 along with two sidewalk gaps within Segment 3 of the Barber Street Bicycle and Pedestrian Improvements, Sub-Project #7 (SP #7); b. Authorize staff to advance the Preliminary Plans for Segments 1 & 2 and two sidewalk gaps within Segment 3 for the Barber Street Bicycle and Pedestrian Improvement SP #7, as generally shown in Attachment #1, to Final Design, Right-of-Way Acquisition, and Bid-Award Phase;  c. Approve the Revised Project Concept for Segment 3 for the Barber Street Bicycle and Pedestrian Improvements (SP #7); d. Authorize staff to advance the Revised Project Concept for Segment 3 for SP #7 to the Preliminary Plans Phase; e. Approve a Professional Services Supplement to on-call design consultant, Alfred Benesch and Company, in the amount of $377,030; f. Authorize the Mayor and appropriate staff to execute any and all other project related documents; and g. Segment • Proceed with near-term cost-efficient improvements to Boulevard & Barrow St. intersections (i.e. all-way stops, signage, crosswalk markings) + recommended additional pavement markings & signage to encourage traffic calming. • Engage the public via an in-person presentation & input session to inform appropriate project concept development of future additional improvements to Section 4, including interface with Prince Ave bike lanes. A motion was made by Commissioner Myers, seconded by Commissioner Thornton, to HOLD SPLOST 2020 Project 28, Mental Health Recovery Facility Project – Waiver of Water & Wastewater Connection Fees for Mental Health Recovery Facility Located at 240 Mitchell Bridge Road. The motion passed by unanimous vote. A motion was made by Commissioner Thornton, seconded by Commissioner Wright, to HOLD the Relocation of Mill Houses at 110 Puritan Lane and 1060 Macon Highway for Future Affordable Housing Use until after the GICH work session on affordabele housing. The motion passed by unanimous vote. New business – Consider under suspension of Rules A motion was made by Commissioner Wright, seconded by Commissioner Taylor, to suspend Rules of Commission for consideration of two new business items. The motion passed by unanimous vote. A motion was made by Commissioner Taylor, seconded by Commissioner Fisher, to approve the following appointments to various Boards, Authorities, and Commissions. The motion passed by unanimous vote. NOMINATING COMMITTEE REPORT December 2, 2025 Athens-Clarke County Industrial Development Authority Dale Van Cantford Two-year term expiring 12-31-2027 Athens in Motion Commission Aaron Redman Partial term expiring 07-31-2028 Division of Family and Children Services Board Shuconda Sturdivant Partial term expiring 06-30-2026 Felisha Floyd Partial term expiring 06-30-2030 Department of Behavioral Health and Development Disabilities Kirstin Kreutzer Region 2 Advisory Council Partial term expiring 06-30-2026 Historic Preservation Commission Katie Marages Partial term expiring 06-30-2026 Human Relations Commission Mokah Jasmine Johnson Partial term expiring 04-30-2026 Grayson Griffith Partial term expiring 04-30-2028 Solid Waste Advisory Commission Henry Curran Partial term expiring 08-31-2028 A motion was made by Commissioner Link, seconded by Commissioner Thornton, to adopt the following ordinance (25-12-117) which was presented by title only, to Impose a Temporary Emergency Moratorium on the Establishment of New Data Centers in Athens-Clarke County. The motion passed by unanimous vote. AN ORDINANCE TO IMPOSE A TEMPORARY EMERGENCY MORATORIUM ON THE ESTABLISHMENT OF NEW DATA CENTERS IN ATHENS-CLARKE COUNTY; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, the Unified Government of Athens-Clarke County, Georgia (“Unified Government”), is a body politic and corporate, and a political subdivision of the State of Georgia; and WHEREAS, the Unified Government is a local government entity empowered to exercise home rule powers as described within Article IX, Section II of the Constitution of the State of Georgia, including the “power of zoning” as described in Paragraph IV therein; and WHEREAS, in accordance with Section 8-114 of its Charter, 1990 Ga. Laws 3560, et seq., as amended, the Unified Government is empowered to “adopt land use plans and exercise the power of zoning,” “exercise the police power for the public safety and well-being of the citizens of the unified government,” and “define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the [U]nified [G]overnment”; and WHEREAS, the exercise of zoning and land use powers by a local government is in furtherance of its police powers to promote and protect the public safety, health, and welfare; and WHEREAS, throughout the State of Georgia, there has been a significant increase in the planning, development, and construction of server centers, which are also commonly known as data centers; and WHEREAS, while such data centers provide computing power and data storage for many modern conveniences, they can also negatively impact surrounding residents and businesses through increased demands for utilities like electricity and water, noise and light pollution, the release of air pollutants, and other similar conditions; and WHEREAS, the Commission of Athens-Clarke County, Georgia, finds that there is a substantial need to consider and develop, as necessary, zoning and land use standards related to data centers, such as regulations to address the significant use of utilities and potential environmental issues; and WHEREAS, the Commission of Athens-Clarke County, Georgia, desires to review for possible amendment or revision the provisions of Title 9, Article I of the Code of Athens-Clarke County, Georgia, also known as the “Zoning Ordinance of Athens-Clarke County, Georgia,” relating to data centers in order to promote and protect the public health, safety, and welfare; and WHEREAS, the Commission of Athens-Clarke County, Georgia, is aware that, due to the requisite time involved in amending the Zoning Ordinance of Athens-Clarke County, Georgia, persons or entities may seek to apply for or develop additional data centers within Athens-Clarke County prior to the enactment of pertinent regulations intended to promote or protect the public health, safety, and welfare; and WHEREAS, the Commission of Athens-Clarke County, Georgia, wishes to put the public on notice that it is considering amendments to the Zoning Ordinance of Athens-Clarke County, Georgia, pertaining to data centers, and as such, desires to impose a temporary moratorium on the establishment of new data centers; and  WHEREAS, the Commission of Athens-Clarke County, Georgia, does not intend for any such temporary moratorium to impact the rights to operate a data center that have become legally vested, nor is it the Commission’s intent to disturb or hinder data center operations that legitimately began prior to the effective date of any temporary moratorium; and WHEREAS, the law is well-established that a “zoning decision” is a final legislative action by a local government as further defined in the Zoning Procedures Law, O.C.G.A. § 36-66- 3(4)(A)-(F); and WHEREAS, pursuant to the Supreme Court of Georgia’s decision in City of Roswell v. Outdoor Systems, Inc., 274 Ga. 130 (2001), a local government’s temporary moratorium is not a “final legislative action” for the purposes of the Zoning Procedures Law; and WHEREAS, the Commission of Athens-Clarke County, Georgia, desires to impose a temporary moratorium to maintain the status quo while the Planning Department of the Unified Government considers and develops, as necessary, zoning and land use standards related to data centers for eventual recommendation to the Mayor & Commission of Athens-Clarke County, Georgia; and WHEREAS, the Commission of Athens-Clarke County, Georgia, finds that this temporary moratorium is in the best interests of the residents of Athens-Clarke County, and that it is the least restrictive means available, a reasonable exercise of the Unified Government’s police power, and promotes and protects the health, safety, and welfare of the public; and NOW, THEREFORE, the Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. The recitals beginning with “WHEREAS” in the preamble above are an integral part of this ordinance, provide important background, and are incorporated by reference herein. SECTION 2. The Commission of Athens-Clarke County, Georgia, hereby declares and establishes a temporary moratorium on the establishment of new data centers within Athens- Clarke County, Georgia, as described further in this section. (a) For the purposes of the temporary moratorium imposed herein, the term “data center” shall mean a building, structure, or facility (or any portion or complex of the foregoing), in which any floor area is devoted to operating data processing or computing equipment for commercial purposes, such as developing, running, delivering, or transmitting computer applications or services, or for storing and managing the data associated with such services. By way of example, and not of limitation, such computer applications or services described herein may be related to cryptocurrency mining, data mining, cloud computing and storage, and artificial intelligence. This definition excludes spaces primarily devoted to the operation of commercial uses otherwise permitted within a particular zoning district, such as professional services and offices, retail sales and service, wholesale sales, and warehouses. (b) The temporary moratorium imposed herein shall continue through and including Friday, March 6, 2026, at 11:59 post meridiem, although said moratorium may conclude earlier upon the occurrence of any of the following: (i) an affirmative act by a majority of a quorum of the Commission of Athens-Clarke County, Georgia, terminating the temporary moratorium; or (ii) amendments to the Title 9 of the Code of Athens-Clarke County, Georgia, addressing the data center issues that are described in the preamble of this ordinance, become effective in accordance with local and state law. Nothing in this ordinance shall prevent the extension of the temporary moratorium imposed herein, if deemed necessary to promote and protect the public safety, health, and welfare. SECTION 3. The temporary moratorium imposed in this ordinance shall have no effect on the use of property as a data center where the rights to operate a data center have become legally vested, nor shall this temporary moratorium serve to disturb or hinder data center operations that legitimately began prior to the effective date of this ordinance. The property owner shall bear the burden to establish a vested entitlement to use property as a data center or to continue operations of a data center. Furthermore, the provisions of this ordinance—or in any future zoning or land use amendments adopted after this ordinance—to allow vested or legal nonconforming rights to operate a data center are not intended, nor shall they be construed, to imply that the Commission of Athens-Clarke County, Georgia, will not phase out such data center operations over a reasonable period of time. SECTION 4. This ordinance shall be construed to confer upon the Manager—and any appropriate staff as designated by the Manager—all necessary and incidental authority to enforce this ordinance and carry out its provisions.  SECTION 5. The provisions of this ordinance are severable, and should any part of this ordinance be deemed by a tribunal of competent jurisdiction to be invalid, such invalidity shall not affect the validity of this ordinance as a whole or any part hereof, other than the part declared to be invalid. SECTION 6. In the event a scrivener’s error appears in this ordinance after the adoption and approval hereof, the Commission hereby authorizes the Clerk of Commission, in consultation with the Athens-Clarke County Attorney, to correct any such scrivener’s error. SECTION 7. This ordinance shall become effective immediately upon its approval by the Mayor or as otherwise set forth in Section 2-204 of the Charter of the Unified Government of Athens-Clarke County, Georgia. Commissioner Hamby left at 9:41 p.m. Public input on items other than those on the agenda. 1. Merritt Melancon - supported greenway trails for 2026 TSPLOST 2. Katherine Harr – supported the greenway trails for 2026 TSPLOST 3. Elise Stangle – supported the greenway trails for 2026 TSPLOST 4. Taylor Worley – supported the greenway trails for 2026 TSPLOST FROM MAYOR GIRTZ: 1. Reminded everyone that it is Giving Tuesday, support the Greenway or any other non-profit with a gift. 2. Thanked Athens-Clarke citizens, ACCGov staff, non-profits, students, and business community for making Athens-Clarke County a wonderful place to live, shop or spend quality time, 3. Thanked Athens-Clarke County Police for the way they expeditiously handled things of late. FROM MANAGER COWELL: 1. Contracts award for October 2025. FROM AUDITOR: 1. Stated the Audit Committee and PSCOB are in the process of working on their Annual Work Plan which will be submitted in a couple of months. FROM COMMISSIONER MYERS: 1. Thanked everyone who came and spoke at tonight’s meeting. 2. Stated that she is looking forward to the Parade of lights on Thursday night. FROM COMMISSIONER CULPEPPER: 1. Supported UGA Football on their upcoming game. FROM COMMISSIONER JOHNSON: 1. Wished everyone a great holiday and is grateful to serve her community. 2. Stated she will be having a town hall on Monday from 5:30 to 7:30 p.m. at Firehouse #8. 3. Thanked Danielle Lyle in Code Enforcement for her great work. 4. Talked of her interest in installing sidewalks in a neighborhood across from Burney Harris Middle School, and near Monsignor Donavon School as well. Any assistance to help children while walking to a bus stop instead of walking in the grass. FROM COMMISSIONER FISHER:  1. Expressed how people come to visit and end up residing here because of how great the Athens community is and how proud he is to live here. 2. Thanked UGA for honoring him on November 21st with the Blue Key Service Award for serving the community. Over 70 students were inducted as well. 3. Thanked fellow commissioners for what they do, and the Homewood Hills community for coming out and how they expressed their opinions FROM COMMISSIONER WRIGHT: 1. Stated the Downtown Parade of Lights theme is “Cooking up a Great Holiday”. Thank you to the Leisure Services Department for all you do to make this event a success. (Commissioner Thornton left at 10:00 p.m.) ATTORNEY DRAKE: 1. Expressed what a great job Athens Downtown Development did with the new Christmas lighting in the Downtown Athens area. COMMISSIONER TAYLOR: 1. Thanked Asia Thomas for hosting the 4th Annual City-Wide Prayer for the Youth and prayed for law enforcement as well. 2. Thanked Athens-Clarke County Staff for their hard work they do daily and for supporting the commission. COMMISSIONER LINK: 1. Stated she is ready for the Parade of Lights this year. 2. Would like some follow-up on her request for information on the Affordable Housing Fund. COMMISSIONER DAVENPORT: 1. Thanked all of Athens-Clarke County staff for all the hard work that they do. 2. Pleaded with Bob, County Manager, to bring back the Fire Truck . 3. Asked for follow up on the pay study. FROM ATHENS-CLARKE COUNTY MAYOR AND COMMISSION: Happy Holidays to everyone! A motion was made by Commissioner Davenport, seconded by Commissioner Taylor, to adjourn. The motion passed by unanimous vote. The meeting adjourned at 10:01 p.m. _____________________________________ Clerk of Commission