Planning Commission

In response to the state of emergency in Georgia regarding COVID-19 (“Coronavirus”), the Planning Commission meeting will be held via a “WebEx” online meeting platform, which will be broadcast on YouTube [https://youtu.be/nEGS_D45goo] for viewing live or on-demand. Members of the public may provide emailed comments at planning@accgov.com prior to 12:00 noon on the day before the meeting. Members of the public may also address the Planning Commission via electronic communication provided in the Auditorium at 120 West Dougherty Street. Please note that seating capacity is limited due to safe distancing measures. ATHENS-CLARKE COUNTY PLANNING COMMISSION FINAL AGENDA FEBRUARY 3, 2022 - 6:00 P.M. 120 W. Dougherty Street GENERAL BUSINESS 1. Introduction of Staff reports and all other documents submitted to the Planning Commission at this meeting into the official record 2. Approval of January 6, 2022 Planning Commission meeting minutes 3. MACORTS review and public comment NEW BUSINESS 1. 3700, 3706, 3708 & 3710 ATLANTA HIGHWAY – PD-2021-12-3752 Type I – Preliminary Planned Development Petitioner: Abe Abouhamdan / ABE Consulting, Inc. Owner: KDI Athens Mall, LLC; KDI Athens Outparcels, LLC; KDI Athens Anchor, LLC; Athens Construction Group Property Holdings, LLC Request: From Employment to General Business; From C-G (Commercial-General) to C-G (PD) (Commercial-General, Planned Development) Tax ID: 073 016, 016F, 016J, 016K, 016S & 016T 2. TEXT AMENDMENT – Voluntary inclusionary zoning OTHER BUSINESS 1. Planning Commission Chair’s Report 2. Planning Director's Report 3. Miscellaneous announcements NOTICE A qualified interpreter for the hearing impaired is available upon requests at least ten (10) days in advance of this meeting. Please call (706) 613-3515, [TDD (706) 613-3115] to request an interpreter.  STAFF REPORT PRELIMINARY PLANNED DEVELOPMENT CASE NUMBER PD-2021-12-3752 3700, 3706, 3708 and 3710 ATLANTA HIGHWAY February 3, 2022 GENERAL INFORMATION AND PROPOSED DEVELOPMENT I. THE REQUEST APPLICANT ............................................................. Abe Abouhamdan – ABE Consulting, Inc. OWNER .................................................................... KDI Athens Mall, LLC.; KDI Athens Anchor, LLC.; KDI Athens Outparcels, LLC.; Athens Construction Group Property Holdings, LLC FUTURE LAND USE REQUEST............................ From Employment and General Business to General Business ZONING REQUEST ................................................ From C-G to C-G (PD) TYPE OF REQUEST ................................................ Type I LOCATION .............................................................. 3700, 3706, 3708 and 3710 Atlanta Highway COUNTY COMMISSION DISTRICT .................... 6 SIZE OF REZONING AREA ................................... 74.772 acres PRESENT USE ......................................................... Georgia Square Mall PROPOSED USES ................................................... Mixed-use: Commercial and Residential TAX MAP NUMBERS ............................................ 073 016; 073 016F; 073 016J; 073 016K; 073 016S; 073 016T ADJACENT USES AND ZONING ......................... (N) Offices / C-G; residential subdivision open space lot / C-G and RS-15 ................................................................................... (S) Atlanta Highway; Zaxby’s, Burger King, AutoZone & Pep Boys / C-G ................................................................................... (E) Huntington Road; single-family residential dwellings / RS-25; bank ATM / C-G ................................................................................... (W) RaceTrac, Akademia Brewing Co. / C-G; Meadowland Apartments / RM-1; Arbor Terrace Assisted Living Facility / C-O* STAFF RECOMMENDATION ............................... Receive w/ comments PLANNING COMMISSION .................................... Receive w/ comments II. PURPOSE The purpose of this request is to rezone six parcels currently zoned C-G (Commercial-General) to C-G (PD) (Commercial-General, Planned Development) in order to construct a mixed-use commercial and multifamily development on a 74.77-acre site. A planned development is being requested due to several requested waivers of required standards to provide design flexibility. A planned development includes a binding application report, site plan, and architectural elevations as a guarantee to the community that what is proposed would be constructed. The request conforms to the current Future Land Use Map with the exception of the northernmost parcel of the subject property. The Future Land Use Map designates Employment Center for the northernmost parcel at 3710 Atlanta Highway, and designates General 1 Business for the remainder of the subject property. The request requires amending the Future Land Use Map designation. III. EXISTING CONDITIONS OF SUBJECT PROPERTY AND VICINITY The subject parcels are the site of the Georgia Square Mall, two associated outparcels along Atlanta Highway and the former movie theatre to the rear of the mall. Georgia Square Mall was constructed in the early 1980’s, and has existed as the primary large-scale mall in Athens-Clarke County since that time, with numerous tenants occupying the structure itself over the years. The two outparcels along Atlanta Highway (3706 and 3708) were constructed around the same time as the mall in the late 1970’s into the 1980’s. Both parcels contain commercial buildings which have been operated by numerous different tenants as well. The northernmost parcel at 3710 Atlanta Highway contains a structure, built in 1984, which formerly housed a movie theatre. Also on that site are several recycling receptacles operated by Athens-Clarke County Solid Waste. The remainder of the subject property consists of surface parking and a private Mall Access Road that circles the property. The subject property fronts Atlanta Highway and Huntington Road and has five access points, including one off of Marilyn Farmer Way at the property’s northwest corner. The Mall itself is approximately 500,000 square feet and formerly had four anchor tenants: Macy’s, Sears, JCPenny, and Belk. Macy’s closed in 2017, Sears in 2019, and JCPenny in 2020. Belk is currently the only remaining anchor store in the Georgia Square Mall. An Athens-Clarke County Police Substation is currently located within the Georgia Square Mall. Athens Transit currently services two bus routes, Route 20 and Route 21, through the subject property, and two ACC Transit bus stops are currently located on the property. The subject property is located within a designated Tax Allocation District (TAD), but no TAD committee and no TAD agreement has been created yet for the Mall Area TAD (TAD 1). The property is mostly surrounded by other commercial uses zoned C-G (Commercial-General) and residential uses zoned RS-25 (Single-Family Residential). To the south lies Atlanta Highway and a few properties zoned C-G (Commercial-General), including AutoZone/Pep Boys, Zaxby’s, and Burger King. To the west lies RaceTrac zoned C-G, Akademia Brewing Company zoned C-G, Meadowland Apartments zoned RM-1 (Mixed-Density Residential), and Arbor Terrace of Athens assisted living facility zoned C-O* (Commercial-Office with Conditions). To the north lies Metro Mortgage of Georgia zoned C-G, an undeveloped parcel zoned C-G, an undeveloped parcel zoned RS-15 (Single-Family Residential), and Double Tree Place office condominiums zoned C-G. To the east lies Huntington Road and a large residential subdivision zoned RS-25 (Single-Family Residential). IV. PROPOSED DEVELOPMENT The proposal is to rezone the site to C-G (PD) (Commercial-General, Planned Development) for redevelopment of the Georgia Square Mall site and associated outparcels, including the construction of a commercial and multifamily mixed-use development. The application report indicates the intent to revitalize the Georgia Square Mall and provide a place to “live, work, and play” by including a mix of commercial and residential uses on the subject property. Staff notes that the proposed commercial space is entirely composed of retail and restaurant uses, so the capability for such on-site employees to afford on- site residences would be limited. The proposal includes partially demolishing two sections of the existing Georgia Square Mall, namely the western portion of the building and the portion in between Belk and the 2 former JC Penny, while renovating the center section and the eastern wing of the building as two separate buildings. The proposed development includes a total of 1,138 housing units, 92,000 square feet of new commercial space, and 293,000 square feet of existing commercial space to remain. The proposed development is presented as being developed in eight phases, with no estimated timing on the phasing indicated. Overall, the phasing plan would see the multifamily components constructed first, followed by the commercial aspects, as follows: 1. Phase I consists of 40.732 acres and includes the partial demolition and renovation of the existing Georgia Square Mall building into two smaller separate commercial buildings, a multifamily residential developments with two four-story buildings, surface parking lots, a regional stormwater pond, and improvements to the Mall Access Road that circles the site. Phase I includes the development of 136 housing units and 293,000 square feet of existing commercial space. 2. Phase II consists of 6.01 acres and includes an “active adult” residential development on the northern end of the subject property with surface parking and two retail/restaurant outparcel buildings fronting Atlanta Highway with surface parking lots. The active adult residential development consists of 152 units with one to three bedrooms. The existing outparcel buildings are designated as 17,000 square feet of retail/restaurant space. 3. Phase III consists of 6.46 acres and includes six multifamily residential buildings with surface parking lots. This phase adds 216 housing units. 4. Phase IV consists of 5.05 acres and includes three multifamily residential buildings with surface parking lots. This phase adds 248 housing units. 5. Phase V consists of 3.61 acres and includes one multifamily residential building with a surface parking lot. This phase adds 80 housing units. 6. Phase VI consists of 4.36 acres and includes one large multifamily residential building with a parking deck underneath the building. This phase adds 306 1-3 bedroom units. 7. Phase VII consists of 3.87 acres and includes multiple retail/restaurant buildings, totaling 34,000 square feet, with a surface parking lot. 8. Phase VIII consists of 4.68 acres and includes one 41,000 square foot commercial building with a grocery, retail/restaurant space and a large surface parking lot. The five existing access points between the subject property and adjoining public streets will remain, including two connections to Atlanta Highway, two connections to Huntington Road, and one connection to Marilyn Farmer Way. The project will have several surface parking lots that connect throughout the development. The proposal incorporates some internal pedestrian improvements and EV charging stations throughout the property. 3 The preliminary submittal includes concept architectural imagery and general examples for the proposed residential and commercial buildings and amenity spaces. More detailed and scaled architectural elevations will be required in the master plan submittal. Included with the Planned Development proposal are seven waivers to the Athens-Clarke County Code of Ordinances, which are analyzed below in the “compatibility with ordinance standards” section. COMPATIBILITY WITH COMPREHENSIVE PLAN I. COMPATIBILITY WITH FUTURE LAND USE MAP The Future Land Use Map indicates that the majority of the subject property, consisting of parcels 073 016, 073 016F, 073 016K, 073 016S, and 073 016T, currently has a General Business designation, which is described as follows: These are commercial areas that serve a variety of needs for the residents of the region. It is intended for small- and large-scale retailing and service uses that are auto-oriented, such as Atlanta Highway, Lexington Road and US 29 North. Pedestrian-oriented design is particularly appropriate when these streets contain neighborhood-shopping areas or are adjacent to multifamily housing or residential neighborhoods. Pedestrian circulation in these centers is a primary concern, therefore, connectivity within and to surrounding areas should be encouraged. Internal pedestrian walkways should be provided from the public right-of-way to the principal customer entrance of all principal buildings on the site. Walkways should connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building, store entry points, and plaza space. Walkways shall feature adjoining landscaped areas that contribute to the establishment or enhancement of community and public spaces. The street level facade of these areas should have a scale and architectural elements that relate to pedestrians. Buildings should be oriented to the street and corridors should be lined with street-trees. Small and medium scale retail stores should frame the streets with large-scale retailers located behind with focus given to pedestrian circulation rather than automobiles. Parking lots should not be located at the street front and shared parking should be encouraged. The Future Land Use Map indicates that the tax parcel 073 016J, located at the northernmost edge of subject property, currently has an Employment Center designation, which is described as follows: These are areas of industry, office, research parks, and flex-space mixed uses. Large-scale employment areas, which include large industrial areas, manufacturing, office parks, and research centers, are incompatible with housing. Smaller-scale employment areas are appropriate to be in close proximity to a neighborhood area. Design standards regulating building placement, landscaping, and buffering should apply. Small amounts of retail may be compatible in some areas. The proposed C-G (PD) zoning is compatible with the existing General Business designation, but is incompatible with the Employment Center designation, per the Compatibility Matrix in Chapter 9-4. The request conforms to the current Future Land Use Map with the exception of the northernmost parcel of the subject property. Therefore, the request requires amending the Future Land Use Map designation for that parcel to General Business. 4 II. COMPATIBILITY WITH VISION STATEMENTS, ISSUES AND OPPORTUNITIES & POLICIES Some of the relevant Comprehensive Plan vision statements, opportunities, and policies:  Policy: A mix of housing types, including workforce and life-cycle housing, will be encouraged.  Policy: Athens-Clarke County will continue to encourage redevelopment and infill development in preference to Greenfield development.  Policy: Athens-Clarke County will support residential and non-residential in-fill development that positively contributes to the character of existing neighborhoods and meets the goal of providing housing and services close to existing infrastructure.  Opportunity: Sustainable development should achieve a balance that satisfies the community’s housing, recreational, educational, commercial, and industrial needs. COMPATIBILITY WITH ZONING MAP AND ORDINANCE STANDARDS I. COMPATIBILITY WITH ZONING MAP The purpose of this request is to rezone 3700, 3706, 3708, and 3710 Atlanta Highway from C-G (Commercial-General) to C-G (PD) (Commercial-General, Planned Development) for a commercial and multifamily mixed-use development. The area immediately surrounding the subject parcels is comprised of C-G (Commercial-General), RS-25 (Single-Family Residential), RM-1 (Mixed-Density Residential), C-O* (Commercial-Office with conditions), and RS-15 (Single-Family Residential). The proposal does not change the base zoning district of C-G, and it is adding residential and commercial development which is similar to the adjoining districts. Therefore, the approval would not create an isolated zoning district. II. COMPATIBILITY WITH ORDINANCE STANDARDS All exemptions to the zoning and development standards must be identified in the application prior to approval of a binding proposal since the development would otherwise be expected to adhere to the ordinance standards. The application report includes the following seven requested waivers: 1. Waiver from required minimum parking requirements A waiver has been requested to reduce the minimum required amount of parking by 407 spaces. The application report contends that due to the mixed-use nature of the site, there will be varying peak hours in usage, so parking between the separate uses can be shared. Such a waiver may not be necessary since Code Section 9-30-8 allows for either uses on a single parcel of land or uses on multiple parcels of land with off-site parking agreements to share parking facilities if the need for such facilities do not overlap, for example with office and residential uses. More detailed information is needed to provide where such shared parking facilities would be located. In general, Staff supports the idea of shared parking, so long as assurance is provided that all uses will be satisfied in their peak hours without too much inconvenience to the public. Staff encourages an appropriate trade-off for decreased parking area with increased green space. 2. Waiver from required tree canopy standards The application report states that, due to the minimal existing tree canopy, it would be “extremely difficult and taxing” for the redevelopment to bring the overall tree coverage up to the current standards. 5  The proposed overall tree canopy coverage (conserved and planted) would be increased from 9.9% to 15.69%, whereas Code requires a much higher 40% coverage in C-G zones. As this project is a redevelopment of the entire mall area, Staff would like to see more dedicated green space and a higher percentage of tree canopy coverage than proposed, especially in the proposed residential areas. In RM (Mixed-Density Residential) zones, such multifamily development requires at least 8% open space for recreation for use by the tenants and higher landscape area and tree canopy cover requirements. 3. Waiver from minimum landscaped areas required A waiver has been requested to reduce the required minimum 20% amount of landscaped areas. This is complementary to the maximum 80% of lot coverage, which is defined as any area not allowing “normal water infiltration.” Sheet 5 of the submitted plan set denotes a “pervious” acreage of 20.6 (27.5%), but not the proposed landscaped acreage. Some pervious surfaces, such as pervious parking areas, while reducing the amount of stormwater runoff, still do not allow for the “normal water infiltration” of a natural vegetative area. Therefore, clarification is needed as to the actual amount of proposed landscape area. 4. Waiver from minimum parking lot trees required A waiver is requested to reduce the required amount of parking lot trees. The Code requires one tree per seven parking spaces (including trees around the perimeter of a parking area) and a tree island separating every contiguous area of 14 parking spaces. The application report states that the proposed parking reduction of 407 spaces would need to be further reduced to meet the requirements. Staff notes that proposed areas of compliance and noncompliance appear to be arbitrary. Many parking aisles have the necessary tree islands with other trees proposed around the parking area perimeter, while other parking aisles, such as for the proposed grocery, are not shown in compliance. Justification for the noncompliant areas should be provided. 5. Waiver from required parking buffers along a public right of way A waiver is requested to eliminate the requirement for parking buffers (hedge screening) when abutting the right of way, specifically adjacent to Phase 2 buildings R4 and R5, due to lack of available planting space and a retaining wall. Staff agrees that a portion of the R5 lot frontage lacks adequate planting area, but not all of it and adequate space is available along the full extent of the R4 lot, as evidenced by existing shrubbery. 6. A Waiver for “leeway in design standards for roadway sections and drainage” The requested waiver mentions a proposed deeding of “existing right-of-way” to the County and a waiver of public street design standards through the Tax Allocation District. Staff’s understanding is that no TAD agreement is in place at this time since the formation of the TAD committee is in preliminary stages. Staff finds approval of a waiver based on a hypothetical future agreement to be inappropriate. Staff also finds no justification as to why this large-scale development cannot provide adequate public infrastructure. 7. Waiver from minimum required bicycle parking spaces A waiver is requested to reduce the amount of required bicycle parking spaces from 170 to 84. The applicant justifies the need for this waiver based on the amount of sidewalks that connect the various uses, and that the amount of bicycle spaces required would increase the amount of impervious surface area on this lot. Staff does not agree that the amount of impervious surface would increase, as bicycle parking spaces could be placed on top of existing or proposed impervious area. Additionally, Staff does 6  not find that the amount of sidewalks provided reduces the need for bicycle parking. As such, Staff does not support this waiver. Evaluation of several requested waivers depends upon the proposed subdivision of the subject property, which is currently split into six parcels. While proposed phasing lines are clearly denoted, the proposed property lines are unclear. Ordinance standards are per parcel, even for a planned development, so the application needs to provide information as to the compliance of each proposed parcel for residential density, lot size, lot coverage/landscape %, floor area ratio, parking/bicycle parking spaces and tree canopy. Consideration needs to be given as to which specific parcels will require waivers. Additionally, due to the numerous phases being proposed, an overall development plan needs to be provided for each phase. For example, Phase 1 involves removing a significant portion of the mall while significantly increasing the amount of parking. When existing parking numbers will be sufficient, Staff would like to see green space, even if temporary, in lieu of further excessive parking. Staff has identified the following additional areas of concern: 1. The standards of Sec. 9-25-8-F pertains to “C” zone developments in excess of 60,000 square feet, including pedestrian plaza standards, transit amenities and pervious parking spaces. 2. Residential block sizes cannot exceed three acres without separation by a public street, private street built to public standards (no perpendicular parking) or 50’ open space break. 3. Raised pedestrian walkways and landscape areas should be installed in large parking areas per Code Section 9-25-8-E-3. 4. The site plan should be revised to locate sidewalk within the right-of-way of the public street frontages. 5. The applicant should consult with the ACC Transportation & Public Works Department to improve the drive circling the site to public street standards per Sec. 9-25-8-F, including the consolidation of driveways and curb cuts, sidewalks and street trees. 6. The site plan should be revised to incorporate Athens Transit bus stops and/or a bus transfer facility on site, in accordance with the ACC Transit Department, per Sec. 9-25-8-F. 7. Further information, including architectural elevations for each proposed building, are needed to confirm compliance with the orientation, and architectural design standards of Section 9-25-8-C. EFFECT ON COMMUNITY I. BALANCE OF LAND USES IN ATHENS-CLARKE COUNTY The mall building currently consists of 791,011 square feet per tax records. The former theater building has 15,365 square feet and the two outparcel buildings fronting Atlanta Highway consist of 17,596 square feet together, for a total existing commercial space of 823,972 square feet. As compared to the existing property uses, the proposed planned development entails a total of 385,000 square feet of commercial space, a decrease of 406,011 square feet. Also, as previously noted, this proposal is limited in its commercial scope to retail and restaurant uses. Permitted uses in C-G such as professional services and offices may provide a better balance of uses allowing a greater capability of affording the proposed on-site residences, thus, creating a truer mixed-use development. This proposal would also introduce a mixed-use development within Athens-Clarke County, including a total of 1,138 multifamily dwellings with 1,734 bedrooms. Athens-Clarke County has recently seen a significant increase of multifamily residential developments. In the past four years about 14,000 bedrooms 7 have either been constructed, are under review for permitting. or are currently being reviewed through the rezoning process. When this 1,734-bedroom proposal is taken into consideration with the other recent requests, the cumulative effect creates a significant impact on the balance of land uses in Athens-Clarke County. This proposal would be the largest multifamily complex, exceeding the ongoing Bethel Midtown project by more than 200 bedrooms. II. POPULATION The resident population of the immediate area would increase with this proposal since the request includes the construction of 1,734 bedrooms. The proposal includes a total of 1,138 residential units, including 620 one-bedroom units, 470 two-bedroom units, and 58 three-bedroom units. III. ENVIRONMENT The Athens-Clarke County Environmental Areas Map indicates the presence of a protected environmental area within the boundaries of the proposed planned development. Specifically, the northwestern portion of the subject property has a 75’ riparian buffer in the area of the proposed stormwater retention pond. The Athens-Clarke County Arborist had reviewed the plan and has the following comments:  The Planning Department does not support the waiver to reduce existing and proposed/planted tree canopy from 40% to 15.69%. The request has not demonstrated any limitations at the site that will prevent the ability to comply with the Community Tree Management standards. The proposed planted canopy needs to greatly exceed what is currently shown on the tree management plan.  The Planning Department does not support the waiver to reduce the parking lot tree requirements. As with the previous requested waiver, no site limitations have been noted that will prevent the ability to comply with the ordinance, nor made an effort at possible mitigation by planting additional trees elsewhere in lieu of the required parking lot trees.  Prior to permitting, the final planting plan will need to provide the locations of proposed tree protection fencing, the specific location and total quantity for each proposed tree species, standard notes and a tree planting detail.  Work to be done must employ protection of adjacent conserved trees from activity and machinery. The tree management plan associated with this Planned Development proposal has been reviewed for general compliance only. The plan would be binding only in regards to the requested waivers, but the aforementioned comments do not preclude compliance with all other technical standards regarding the installation and maintenance of trees as provided for in the Community Tree Management Ordinance. IV. TRAFFIC, TRANSPORTATION, & TRANSIT The submitted site plan proposes a sidewalk along half of the existing drive circling the site. Additional sidewalk is required along the public street frontages. Athens Transit currently services two bus routes, Route 20 and Route 21, through the subject property, and two ACC Transit bus stops are currently located on the property. 8 The ACC Leisure Services Department has reviewed the application materials and has the following comments:  The approved Greenway Network Plan proposes a multi-use trail along the interior loop of the existing mall loop road along with connection trails to Marilyn Farmer Way and Huntington Road at the Biscayne Court intersection. The developer could improve the pedestrian circulation within the development to account for both pedestrian and bicycle use of the proposed sidewalk system so this development could be easily tied into a larger multi-use trail system. The Figure below is taken from the approved Greenway Network Plan and includes a section drawing of a multi-use, street-based connection following an arterial/collector road (such as the existing mall circular drive).  Consider providing facilities for dog owners given the number of residential units proposed. The closest dog park is at Memorial Park some 9 miles from the site. The ACC Traffic Engineering Division of the Transportation and Public Works Department has reviewed the application materials and has the following comments:  Must show driveway connections for all outparcels, including those not included in the PD amendment. Driveways on outparcels should be consolidated to reduce conflict points and aligned with other roads/roadways. The Georgia Department of Transportation (GDOT) is currently undergoing a corridor improvement project along Atlanta Highway near the subject property and the SR 10 Loop Interchange. V. GRADING AND DRAINAGE The ACC Transportation and Public Works Department has reviewed the application materials and has the following drainage-related comments: 9  This redevelopment is shown to be completed in eight phases, presumably over some extended period of time. It is understood that the intent is to design and construct the stormwater management facilities in Phase I that will serve all future phases as well, and this is recognized as the most practical approach. However, ACC’s environmental regulations tend to change and become stringent over time in response to state-mandated changes. The proposed Planned Development needs to provide for this possibility with language in the binding plans and the report that commits all phases of the proposed development to be in accordance with the ACC regulations in effect when the site plans are submitted for permitting.  TPW would like to see the proposed tree islands function also as small, localized bioretention areas to enhance runoff reduction. Instead of surrounding them with raised curbs, the pavement could be graded to allow parking lot runoff to drain to them wherever this might be feasible.  TPW does not support granting the request to waive ACC’s roadway pavement and drainage standards if any of the roadways are to become ACC’s maintenance responsibility. As the request points out, the existing roadways do not meet TPW’s standards for pavement construction or storm drainage. Insufficient storm sewer can result in unsafe pavement conditions and associated liability. The substandard pavement structure, along with its age, will certainly mean significantly increased pavement maintenance costs. VI. WATER AND SEWER AVAILABILITY The Athens-Clarke County Public Utilities Department comments that water and sanitary sewer services are available for this development. VII. FIRE PROTECTION The Athens-Clarke County Fire Marshal has reviewed this request and has the following comments:  Fire protection can be provided without any services being affected or additional cost for fire equipment or personnel.  Additional fire hydrants are required.  Fire apparatus can access the project.  Project must meet all IFC Codes/Access Codes  All buildings must be sprinkled and alarmed. RECOMMENDATIONS I. STAFF RECOMMENDATION – Receive w/ comments The purpose of the planned development request is to redevelop the Georgia Square mall property for the purpose of a mixed-use, multifamily and commercial development. The requested zoning is compatible with the existing General Business Future Land Use designation, which advocates for small- and large- scale retailing and service while emphasizing pedestrian oriented design when adjacent to multifamily housing. The General Business designation also emphasizes serving a variety of needs for the residents of the region, as well as pedestrian circulation and connectivity both internally and to the surrounding areas. 10 Staff supports the concept of a true mixed-use development at this location. However, Staff finds that the proposed development lacks a diversity of proposed commercial uses beyond retail and restaurant space. As previously mentioned, the capability for future employees of the development to also live on-site would be limited. Several ordinance waivers have been requested, and other Code standards have not been met. Staff also has general concerns, such as the lack of dedicated private open space and public plaza space, the significantly substandard tree canopy, and the lack of detailed information regarding proposed property lines, transit amenities, and architectural elevations.. The overall impression is that the development will significantly decrease commercial space, significantly increase multifamily development in the area, while adding little benefit to the general public in the way of public infrastructure, green space and tree canopy. Therefore, Staff recommends that the Master Plan submittal address the following issues: 1. In general, Staff supports the idea of fewer parking spaces with shared parking facilities, but more information is needed as to where such shared parking will be located. Staff also encourages an appropriate trade-off for decreased parking area with increased green space, such as meeting the 8% open space required for RM zones in the proposed residential areas. 2. The applicant should consult with the ACC Transportation & Public Works Department to improve the drive circling the site to public street standards per Sec. 9-25-8-F, including the consolidation of driveways and curb cuts, sidewalks and street trees. 3. The plans should clearly denote the proposed buildings, parking, drives, landscaping and other development details for the two outparcels fronting Atlanta Highway as are provided for the other phases. 4. The plans should meet the standards of Sec. 9-25-8-F pertaining to “C” zone developments in excess of 60,000 square feet, including pedestrian plaza standards, transit amenities and pervious parking spaces. 5. The proposed property lines should be clearly delineated and the ordinance standards applied per parcel, including residential density, lot size, lot coverage/landscape %, floor area ratio, parking/bicycle parking spaces and tree canopy. Consideration needs to be given as to which specific parcels will require waivers. 6. Plans should be provided to reflect the overall development for each proposed phase. 7. Residential block sizes cannot exceed three acres without separation by a public street, private street built to public standards (no perpendicular parking) or 50’ open space break. The applicant is encouraged to consider a north-south drive aligned with the Atlanta Highway entrance and running through the middle of the development. 8. Raised pedestrian walkways and landscape areas should be installed in large parking areas per Code Section 9-25-8-E-3. 9. The site plan should be revised to locate sidewalk within the right-of-way of the public street frontages. 10. Staff does not support the tree canopy waivers and would like to see compliance with the RM zone tree canopy standards in the proposed residential areas. 11. The site plan should be revised to incorporate pedestrian and bicycle connectivity and circulation per the ACC Leisure Services comments, 12. The plans should show driveway connections for RaceTrac and all outparcels, including those not included in the PD amendment, and the . Driveways on outparcels should be consolidated to reduce conflict points and aligned with other roads/roadways. 13. Further information, including architectural elevations for each proposed building, are needed to confirm compliance with the orientation, and architectural design standards of Section 9-25-8-C. The elevations should be specific to the proposal, matching each elevation to its location on the master plan. 14. The site plan should be revised to incorporate Athens Transit bus stops and/or a bus transfer facility on site in accordance with the ACC Transit Department. 11 15. The site plans should include the planned GDOT improvements along Atlanta Highway. 16. The plans should denote all proposed public water and sanitary sewer easements. 17. A list of minor numerical and grammatical corrections and edits to the plans has been sent by Staff to the applicant by separate correspondence. II. PLANNING COMMISSION RECOMMENDATIONS – Pending The Planning Commission will consider the request at their regular meeting on February 3, 2022. III. CURRENT STATUS The Planning Commission is scheduled to consider the request at their regular meeting on August, 5, 2021. At that time, the Planning Commission will review the submitted application and consider a recommendation to “Receive the Preliminary Plan with Comments”. Submittal of a Master Planned Development report and plan will follow a subsequent review cycle schedule. 12 Report for 3700, 3706, 3708 and 3710 ATLANTA HIGHWAY Reviewed Not Applicable Zoning Criteria for Type II Applications X 1. The proposed rezoning conforms to the future development map, the general plans for the physical development of Athens-Clarke County, and any master plan or portion thereof adopted by the Mayor and Commission. X 2. The proposed special use meets all objective criteria set forth for that use provided in the zoning ordinance and conforms to the purpose and intent of the comprehensive plan and all its elements. X 3. Public services, which include physical facilities and staff capacity, exist sufficient to service the proposed rezoning. X 4. The proposed rezoning will not adversely affect the balance of land uses in Athens-Clarke County. X 5. Existing land use pattern surrounding the property in issue X 6. Possible creation of an isolated district unrelated to adjacent and nearby districts X 7. Population density pattern and possible increase or over-taxing of the load on public facilities including, but not limited to, schools, utilities and streets X 8. The cost of the Unified Government and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures X 9. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity X 10. Whether the proposed zoning amendment will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations X 11. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; provided, however, evidence that the economic value of the property, as currently zoned, is less than its economic value if rezoned as requested will not alone constitute a significant detriment X 12. The aesthetic effect of existing and future use of the property as it relates to the surrounding area X 13. Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal Public Notice In accordance with Section 9-4-9(E), public notice of this zoning request was last posted on or near the subject property on January 14, 2022. 13  r e ele Mountain A Zoning Map M Cir Laurel RS-15 RM-1* Run Private Rd Cleveland Rd C Ci r of Athens-Clarke County RS-5 Kittle Ln ler Pr Me iva e e < te e r oke Rd Ch Rdg iva LEGEND E-O Pr te Site Location Downtown Design Area Rd ee (DHD) Downtown Historic District C-O* rok P,ACC ParksZoning (WD) West Downtown ess Rd e Mall Acc Ch Rdg (ED) East Downtown IN, AR Institutional Agricultural Residential F a Ma (1 unit per 10 acre density) (DS) Dougherty Street rm rily C-G, Commercial-General (RIV) River n Rd RS-40 Single Family Residential er n RS-25 (40,000 sq. ft. min. lot area) (WE) West End W C-D, Commercial-Downtown (ND) North Downtown ay RS-25 Single Family Residential RM-LTD, Mixed Density Residential Huntingto # C-N, Commercial-Neighborhood (25,000 sq. ft. min. lot area) Limited Overlay RS-15 Single C-O, Family Residential Commercial-Office GSRC, Gaines School Road Corridor Biscayne (15,000 sq. ft. min. lot area) Special District Overlay Logmon C-R, Single RS-8 Commercial-Rural Family Residential MAC, Milledge Avenue Corridor C-G (8,000 sq. ft. min. lot area) Dr RM-1 Special District Overlay Cavalier E-I, RS-5Employment-Industrial Single Family Residential Trce Rd (5,000 sq. ft. min. lot area) E-O, Employment-Office WBS, West Broad Street Special District Overlay t RM-1 Mixed Density Residential Littleton Hun G, Government (16 multi-family units per acre) A, Airport Overlay Zone RM-2 Mixed Density Residential Way I, Industrial AZ1 Precision Approach Zone Huntington ton (24 multi-family units per acre) AZ2 Larger than Utility Runway Nonprecision ting AR, Agricultural RM-3 Residential Mixed Density Residential Approach Zone Crane (1 unit per 10 acre density) (50 multi-family units per acre) AZ3 Utility Runway Nonprecision Approach Zone RM-1, Mixed Density Residential G Government TZ Transitional Zone Ma (16 multi-family units per acre) Ct Huntingto Acce ll RM-2, Mixed P Parks Density Residential RPZ Runway Protection Zone Dr (24 multi-family units per acre) C-G Commercial General PSZ Primary Surface Zone Atla RM-3, Mixed Density Residential ss Rd n Rd (50 multi-family units per acre) C-D Commercial Downtown PD, Planned Development Hwy n Rd Hw ta PD Atlanta y Atla RS-5, C-N Single-Family Commercial Residential Neighborhood Mellwood (5,000 sq. ft. min. lot area) nt CSPD, Conservation Subdivision Hwy a C-O Commercial Office C-S(PD) Ex RS-8, Single-Family Residential Planned Development Rd Ra it (8,000 sq. ft. min. lot area) C-R Commercial Rural ead Dr mp RS-15, Single-Family Residential * Zoning with Condition wh E-O Employment-Office (15,000 sq. ft. min. lot area) RS-8 Arro RS-25, Employment-Industrial E-I Single-Family Residential (25,000 sq. ft. min. lot area) Conditional Use I Industrial RS-40, Institutional Single-Family Residential $ Special Use Type I FROM: TO: IN PD-2021-12-3752 (40,000 sq. ft. min. lot area) # Local Historic Landmark PRELIMINARY PLANNED DEVELOPMENT C-G C-G (PD) Local Historic District Boundary 3700, 3706, 3708 & o 3710 ATLANTA HIGHWAY Parcel boundaries of the site are determined by legal description. The parcels shown on this map are to be used only as a guide. Abe Abouhamdan / ABE Consulting, Inc. KDI Athens Mall, LLC; KDI Athens Outparcels, LLC; KDI Athens Anchor, LLC; Athens Construction Group Property Holdings, LLC TAX PARCEL # PLANNING COMMISSION ATHENS-CLARKE COUNTY MEETING DATE COMMISSION MEETING DATE 200 0 600 073 016, 016F, 016J, Feet 016K, 016S & 016T February 3, 2022 TBD AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA, WITH RESPECT TO VOLUNTARY INCLUSIONARY ZONING; AND FOR OTHER PURPOSES. WHEREAS, the Unified Government of Athens-Clarke County, Georgia, is charged with providing for the general health, welfare, and safety of its residents; and WHEREAS, the 2018 Athens-Clarke County Comprehensive Plan has a goal to increase the availability of well-designed, affordable, safe, and sanitary housing for all residents of Athens- Clarke County, Georgia, in order to meet the needs of the community, particularly as it relates to supporting families and a diverse workforce, with an emphasis on the implementation of inclusionary zoning techniques; and WHEREAS, the February 2019 Proposal to Improve Housing Affordability in Athens, Georgia presented by the Georgia Initiative for Community Housing, Athens Team, and accepted by the Mayor and Commission of the Unified Government of Athens-Clarke County, Georgia, identified the need to incentivize inclusionary development as the second of five key strategies to address the affordable housing shortage in Athens-Clarke County; and WHEREAS, based upon the review and consideration of reports and analyses of the housing supply in Athens-Clarke County, Georgia, the Mayor and Commission recognize that land is a finite resource to accommodate residential growth, that the diversity of its housing stock has declined for many reasons including increasing property values and construction costs, and that there has been a substantial decrease in affordable housing development within Athens-Clarke County; and WHEREAS, the Mayor and Commission believe that housing is an essential human right and recognize that affordable housing benefits a diverse group of individuals, seniors, and families, who may be housing stressed and whose incomes do not allow them to easily find housing within our community and whose incomes are at or below 80% of AMI; and WHEREAS, the Mayor and Commission recognize that without intervention, the trend toward rising household costs will result in an increasingly inadequate supply of affordable housing for Athens-Clarke County residents and local employees, which will have a negative impact upon the ability of local employers to maintain an adequate local work force; and WHEREAS, since the remaining land appropriate for new residential development within Athens-Clarke County is limited, it is essential that a reasonable proportion of such land use be development with dwelling units affordable to low- and moderate-income households; and WHEREAS, the Mayor and Commission recognize that displacement or elimination of affordable housing within Athens-Clarke County would cause multiple harms to the community, including but not limited to, increases in travel time and distances for persons who provide services or are employed in Athens-Clarke County, but unable to afford housing here, which in turn increases traffic congestion, reduces air and water quality, and has an adverse impact on public health; an imbalance in population diversity; and inconsistency with the vision for future development and the specific policies of the 2018 Athens-Clarke County Comprehensive Plan; and WHEREAS, the Mayor and Commission wish to approve proposed amendments to Article II Title 9 of the Code of Ordinances of Athens-Clarke County in order to increase the stock of high-quality, affordable housing located in neighborhoods throughout Athens-Clarke County for households of a variety of income levels, ages and sizes in order to meet the Unified Government’s goal of preserving and promoting a culturally and economically diverse population within Athens-Clarke County; and WHEREAS, the proposed amendments will further the goals of the 2019 Proposal to Improve Housing Affordability in Athens, Georgia, and the 2018 Athens-Clarke County Comprehensive Plan to make Athens-Clarke County a more welcoming, diverse, and inclusive place to live; and WHEREAS, said amendments will promote the health, sanitation, cleanliness, safety, morals, good order, security, prosperity and the general welfare of present and future inhabitants of Athens-Clarke County; and WHEREAS, required public hearings were held by the Planning Commission of Athens- Clarke County and the Mayor and Commission for the proposed changes to the text of the Athens-Clarke County Zoning and Development Standards Ordinances, all in compliance with the Zoning Procedures Law as well as the applicable provisions of the Zoning and Development Standards Ordinances. NOW, THEREFORE, The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Chapter 9-27, previously marked “Currently reserved,” of the Code of Athens-Clarke County, Georgia, is hereby deleted in its entirety with the following new chapter inserted in lieu thereof: “CHAPTER 9-27 INCLUSIONARY ZONING – RENTALS Sec. 9-27-1. – Purpose and Intent. a. This chapter of the Zoning and Development Standards Ordinance is intended to provide that multi-family residential projects in Athens-Clarke County are: 1. Incentivized to contain a defined percentage of housing affordable to low-income and moderate-income income households; and 2. Encouraged to implement housing for residents of mixed income levels consistent with the goals of the 2018 Athens-Clarke County Comprehensive Plan and the 2019 Proposal to Improve Housing Affordability in Athens, Georgia presented by the Georgia Initiative for Community Housing, Athens Team.  b. This chapter seeks to: 1. Provide for a range of housing choices, conveniently located in a suitable living environment, for all incomes, ages and family sizes; 2. Provide housing to meet the existing and anticipated future needs of low to moderate income households; 3. Encourage the construction of affordable housing by allowing increases in density to offset land and development costs; 4. Ensure that developers incur no loss or penalty and have reasonable prospects of realizing a profit on affordable housing units by virtue of the density bonus and other incentive provisions herein. Sec. 9-27-2. – Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter: Affordable means rented at an affordable rent or sold at an affordable housing price. Affordable housing price means a sales price, at which low to moderate income households, as provided in this chapter, can qualify for the purchase of for-sale inclusionary units, based on designated income standards. For purposes of this calculation, housing expenses shall include: 1. Mortgage principal and interest; 2. Taxes; 3. Insurance; and 4. Assessments. Affordable rent means: 1. For a unit whose occupancy is restricted to a low-income household, that the monthly rent does not exceed 1/12 of 30 percent of 80 percent of the area median income, adjusted for family size, as published and annually updated by the United States Department of Housing and Urban Development that is applicable to Athens- Clarke County; and 2. For a unit whose occupancy is restricted to a very-low-income household that the monthly rent consists of a maximum of 1/12 of 30 percent of 60 percent of the area median income, adjusted for family size, as published and annually updated by the United States Department of Housing and Urban Development that is applicable to Athens-Clarke County. 3. In each case, the area median income applicable to Athens-Clarke County shall be determined annually by the United States Department of Housing and Urban Development, adjusted for household size, less a reasonable allowance for utilities and in compliance with the low-income housing tax credit program administered by the state department of community affairs.  Athens-Clarke County: The Unified Government of Athens-Clarke County. Density bonus means a density increase over the otherwise maximum residential density as permitted by the Athens-Clarke County zoning ordinance and the comprehensive land use plan at the time of application. Developer means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks Athens-Clarke County's approval for all or part of a development project. The term "developer" includes the term "owner." Development agreement means an agreement entered into between Athens-Clarke County and a developer. Household income means the combined adjusted gross income for all adult persons residing in a living unit. Household, low-income, means a household whose annual income does not exceed 80 percent of the area median income, adjusted for family size, as published and annually updated by the United States Department of Housing and Urban Development. Household, moderate-income, means a household whose annual income does not exceed 120 percent of the area median income, adjusted for family size, as published and annually updated by the United States Department of Housing and Urban Development. Household, very-low-income, means a household whose income does not exceed 50 percent of the area median income, adjusted for family size, as published and annually updated by the United States Department of Housing and Urban Development. Housing fund means the fund created by Athens-Clarke County for the purposes of utilizing payments in lieu authorized by this chapter for the development of affordable housing within Athens-Clarke County. Inclusionary housing agreement or agreement means the agreement between a developer and Athens-Clarke County setting forth the manner in which the inclusionary housing component will be met in the development project. Inclusionary housing component means the provision of the inclusionary housing units in a development project. Inclusionary housing development means a development in which the developer has voluntarily agreed to comply with the inclusionary zoning requirements of this chapter in exchange for certain inclusionary incentives. Inclusionary housing plan means a plan required at the time of Plan Review for a land disturbance permit or building permit that provides the details of proposed inclusionary units. Inclusionary housing unit or inclusionary unit means an ownership or rental dwelling unit developed as a part of the inclusionary housing component of a development project as provided in this chapter. Inclusionary incentives means the planning and building standards waivers or reductions, and regulatory incentives or concessions provided by Athens-Clarke County to a development project to assist in the provision of the inclusionary housing component.  Income, area median, means the annual median family income of a geographic area of the state, as annually estimated by the United States Department of Housing and Urban Development pursuant to section 8 of the Housing Act of 1937. Land Use Restriction Agreement means legal restrictions by which the rents for rental inclusionary units will be controlled to ensure that rents remain affordable for a period of twenty (20) years or longer if determined to be legally permissible. Market rate means rates not restricted to an affordable housing price or affordable rent. Off-site unit means an inclusionary unit that is built separately or at a different location than the main development. On-site unit means an inclusionary unit that will be built as a part of the main development. Owner includes the person, partnership, joint venture, association, corporation, or public or private entity having sufficient proprietary interest in real property to commence, maintain, and operate a development project. Residential project means a residential development project eligible for the opportunity to provide an inclusionary housing component as specified in this chapter. Sec. 9-27-3. – Penalty. a. No inclusionary incentives shall be issued without an approved development agreement clearly identifying the voluntary affordable housing to be provided as authorized by this chapter. b. If the developer violates this chapter or an executed inclusionary housing agreement in any way, including not constructing the required affordable units, Athens-Clarke County may deny, suspend, or revoke any and all building or occupancy permits. Athens-Clarke County can also withhold any additional building permits until the affordable units are built. c. Athens-Clarke County or its designee may bring such civil and criminal enforcement actions as are provided for in the Code of Athens-Clarke County. Sec. 9-27-4. – Standards. a. Minimum eligibility requirements. Any development involving the construction, renovation, reconstruction, or change in use of multiple-family dwellings shall be eligible to apply to be considered as an inclusionary housing development, provided that one of the following minimum project sizes are applicable: 1. Any new development that creates at least five (5) multiple-family dwelling units; 2. Any renovation or reconstruction of existing multiple-family dwelling units that increases the number of dwelling units by at least five (5) dwelling units; or  3. Any change in use of all or part of an existing development of one or more buildings from a nonresidential use to a residential use that has at least five (5) dwelling units. b. Number of inclusionary units. To calculate the number of inclusionary dwelling units or lots, the total number of proposed units shall be multiplied by the associated percentage identified in Section 9-27-5. If the product contains a fraction, it shall be rounded up to the next higher integer or the applicable percentage may be made as a payment in lieu for the fractional percentage of a unit. 1. Location of inclusionary units. The inclusionary units shall be located within the inclusionary housing development, except in accordance with the payment in lieu option as defined below in Section 9-27-7. c. Leased or rented inclusionary units. Inclusionary dwelling units that will be leased or rented shall be: 1. Restricted to households having an income that does not exceed the designated percentage of the area median income for the family size having the same number of persons as the subject household for the Athens-Clarke County, Georgia, Metropolitan Statistical Area, as published by the U.S. Department of Housing and Urban Development as of the date of the household’s application, and whose housing and utility costs do not exceed thirty percent (30%) of the household’s annual gross income; and 2. Maintained as inclusionary dwelling units through a land use restriction agreement with Athens-Clarke County or its authorized designee for a period no less than that which is permissible under Georgia state law. d. Timing of development. The inclusionary housing plan and inclusionary housing agreement shall include a phasing plan, which provides for the timely development of the inclusionary units as the residential project is built out. The phasing plan shall provide for development of the inclusionary units concurrently with the market rate units; provided, however, that the phasing plan may be adjusted by the director of the Planning Department away from strict concurrency where necessary in order to account for the different financing and funding environments, economies of scale, and infrastructure needs applicable to development of the market rate and the inclusionary units. e. Design, appearance, and size. Inclusionary units shall be: 1. Indistinguishable from the market rate units in infrastructure (including sewer, water and other utilities); construction quality; interior and exterior design; and all aspects of construction, design, and materials; 2. Designed to have a number of bedrooms and bathrooms with the intent of accommodating diverse family sizes by including a mix of studio, one, two, and three-bedroom units, all in substantially the same proportion as the market rate dwelling units, as applicable; 3. Interspersed among the market rate dwelling units within the development with access to the same communal areas, shared spaces, entrances, exits,  elevators, and amenities, as well as the same share of parking spaces, as those that are enjoyed by and are accessible to the market rate dwelling units. Developments not meeting this criterion must be approved by the Athens Clarke County Planning Commission as a Type III action as defined in Section 9-4 of the Zoning Ordinance; 4. Designed to be indistinguishable in square footage, style, and quality with the market rate dwelling units in the development; Sec. 9-27-5. – Inclusionary incentives. a. Purpose. The goal of these inclusionary incentives is to apply available incentives to qualifying projects in a manner that, to the extent feasible, offsets the cost of providing the inclusionary housing component. b. Density Bonus. 1. Athens-Clarke County shall make available to the residential project the following applicable density bonus and incentives: % Affordable Units Required Zoning District Allowable Density Bonus OPTION A OPTION B RM-1 50% 15%* 10%** RM-2 50% 15%* 10%** RM-3 50% 15%* 10%** C-O 50% 15%* 10%** CN 50% 15%* 10%** CG 100% 20%* 15%** CD 25% 10%* 5%** *Under Option A, affordable units must be rented to qualifying low-income residents at or below 80% AMI. **Under Option B, affordable units must be rented to qualifying very-low income residents at or below 60% AMI. . 2. To calculate the density bonus for multi-family developments, the maximum number of dwelling units approved in the applicable zoning district shall be multiplied by the applicable percentage in the chart above. If the product contains a fraction, a fraction of 0.5 or more shall be rounded up to the next higher integer, and fraction of less than 0.5 shall be rounded down to the next lower integer.  c. Parking Reduction. All qualifying projects shall be allowed up to a twenty percent (20%) parking reduction if within one thousand five hundred (1,500) feet of an Athens-Clarke County Transit stop. d. Ground Floor Commercial Development Reduction. Qualifying projects within the CD zone shall be allowed up to a fifty percent (50%) reduction in required percentage of ground floor commercial development as defined in Section 9-10-2 (L1). e. All qualifying inclusionary housing developments must meet all other underlying development standards associated with the zoning district. Sec. 9-27-6. Reserved– Sec. 9-27-7. – Payment in Lieu Alternative. a. Under this option, qualifying projects in the CD (Commercial Downtown) zoning district may choose to make a payment in lieu of providing affordable units on-site. The payment in lieu amount shall be the product of: the number of affordable units required under option A above, multiplied by a per-unit figure, which shall be determined from time to time by the Mayor and Commission, based on the estimated cost of constructing the mandated units. In other zoning districts, payments in lieu are available only in lieu of any required fractional percentage of a required affordable unit, in place of rounding up to the next whole number. The per-unit payment amount set by the Mayor and Commission shall be located in its Schedule of Fees and Charges pursuant to Sec. 2-6-2. The county manager shall establish a housing fund for the receipt and management of in-lieu housing fees. Monies received into the fund shall be utilized solely for the construction or purchase and maintenance of affordable housing and for the costs of administering programs consistent with the purposes of this section. b. Payment in lieu fees must be paid prior to the issuance of a building permit for the development. For phased developments, payments may be made for each portion of the development prior to the issuance of a building permit for that phase. When payment is delayed, in the event of default, or for any other reason, the amount of the in-lieu fee payable under this section will be based upon the fee schedule in effect at the time the fee is paid, or at the time the payment was due, whichever is greater. Sec. 9-27-8. – Occupancy requirement. Any person who occupies a rental inclusionary unit shall occupy that unit as his or her principal residence. Sec. 9-27-9. – Administration of the inclusionary housing program. a. Entities. The inclusionary housing program shall be administered by the Unified Government of Athens-Clarke County’s Planning Department in conjunction with the Housing and Community Development Department. Additionally, the Unified Government may contract with an outside party at the discretion of the Mayor and Commission to provide further administration and monitoring services. b. Duties. The Planning Department shall oversee the zoning and permitting process. The director of the Housing and Community Development Department shall be responsible for determining targeted rental and ownership affordability, resident qualifications, and monitoring the program. c. Proposed inclusionary housing plan. At the time of and as part of the application for the inclusionary zoning, the developer of a development project shall present to the Planning Department a draft inclusionary housing plan, which shall contain, at a level of detail appropriate to the request, the number, unit mix, location, structure type, affordability, and phasing of inclusionary units. d. Action on inclusionary housing plan. The Housing and Community Development Department shall review the proposed inclusionary housing plan. The elements of the inclusionary housing plan shall be incorporated into the terms and conditions of the applicable project-specific approvals. e. Inclusionary housing agreement. 1. Requirement. No development agreement or project-specific approval may be issued without an executed inclusionary housing agreement executed by the owner, the developer (if not owner), and the director of the Housing and Community Development Department acting with the advice of the Planning Director. Recordation of the agreement shall be a condition of approval of any development agreement, disposition and development agreement or project-level approval. 2. Timing. The inclusionary housing agreement shall be negotiated concurrently with the processing of an application for the earlier of a development agreement or the first project-specific approval. 3. Contents. The agreement shall be consistent with the inclusionary housing plan, and shall indicate: the number of very low and low income units, the developer of the inclusionary units, the phasing and construction scheduling of the units, commitments for inclusionary incentives, including commitments for local public subsidy, and any other information required by the Housing and Community Development Department relative to the inclusionary housing component. In the case of land dedication or off-site inclusionary housing, the agreement shall also contain the information required in this subsection. 4. Information required from developer. The developer of the development project shall provide a. Plans, schematics, and details of phasing of the residential project as a whole including the inclusionary housing component;  b. The name and address of the entity which will develop the inclusionary housing component, if not the developer; c. Any other information reasonably required by the Housing and Community Development Department in connection with the agreement. 5. Incorporation into project-level approvals and recordation. The developer's obligations and the inclusionary incentives in the agreement shall be incorporated into the project-specific approvals. The executed agreement shall be recorded as a covenant running with the land against the real property of the residential project and, in the case of off-site inclusionary units, against the real property on which such units are to be located. b. Administration of affordability for rental inclusionary housing. The owner of rental inclusionary units shall be responsible for certifying the income of tenants to the Housing and Community Development Department at the time of initial rental and annually thereafter. The owner of rental inclusionary units shall apply the same rental terms and conditions (except rent levels, deposits and income requirements) to tenants of inclusionary units as are applied to all other tenants, except as otherwise required to comply with government subsidy programs. Discrimination based on subsidies received by the prospective tenant is prohibited. The Housing and Community Development Department shall keep confidential the personal identifying information of the household members occupying an inclusionary unit. c. Guidelines. The director of the Housing and Community Development Department and the director of the Planning Department may jointly develop, and either of them may adopt, additional guidelines as necessary for the implementation of this chapter consistent with the terms contained herein. Sec. 9-27-10. – Administrative fees. The Mayor and Commission may by resolution establish reasonable fees and deposits for the administration of this chapter, which shall be set forth in the annual Schedule of Fees and Charges pursuant to Sec. 2-6-2. Sec. 9-27-11. – Participation. Participation in the inclusionary housing zoning program shall be entirely voluntary. Sec. 9-27-12. – Severability. The Mayor and Commission hereby declare that every section, paragraph, clause, and phrase of this chapter is severable. If, for any reason, any provision of this chapter is held to be invalid, such invalidity shall not affect the validity of the remaining provisions. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.