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/2BtHl0Uk1C4). 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, subject to safe distancing measures. ATHENS-CLARKE COUNTY PLANNING COMMISSION FINAL AGENDA DECEMBER 9, 2021 - 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 November 4, 2021 Planning Commission meeting minutes 3. MACORTS review and public comment NEW BUSINESS 1. 240 WEST CLAYTON STREET – SUP-2021-11-3281 Type II – Special Use Permit Petitioner: Christopher C. Evans / E+E Architecture, Inc. Owner: RCWSJ, LLC Request: Special Use in C-D (WD) (Commercial-Downtown, West Downtown Design Area) Tax ID: 171A5 B011 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 RECOMMENDATION SPECIAL USE PERMIT SUP-2021-11-3281 240 WEST CLAYTON STREET DECEMBER 9, 2021 GENERAL INFORMATION AND PROPOSED DEVELOPMENT I. THE REQUEST APPLICANT ...................................................... Christopher C. Evans/ E+E Architecture OWNER ............................................................. RCWSJ, LLC REQUEST .......................................................... Special Use in C-D (WD) (Commercial-Downtown, West Downtown Design Area) TYPE OF REQUEST......................................... Type II LOCATION ....................................................... 240 W. Clayton Street COUNTY COMMISSION DISTRICT ............. 3 SIZE OF SUBJECT PROPERTY ...................... 0.18 acre PRESENT USE .................................................. Commercial Retail/Service PROPOSED USE ............................................... Mixed-Use (Commercial and Multifamily Residential) TAX MAP NUMBER ........................................ 171A5 B011 ADJACENT USES AND ZONING .................. (N) Restaurant / C-D (WE) ............................................................................ (S) Retail and Mixed-Use / C-D (WE) ............................................................................ (W) Office/ C-D (WE) ............................................................................ (E) Mixed-Use/ C-D (WE) STAFF RECOMMENDATION ........................ Approval PLANNING COMM. RECOMMENDATION . Pending II. PURPOSE The purpose of this request is to seek approval of a Special Use Permit for a residence within a C-D (WD) (Commercial-Downtown, West Downtown Design Area) zoning district on a portion of the ground floor of an existing building. According to Section 9-10-2 L(1) of the Athens-Clarke County Zoning and Development Standards, dwellings in the Commercial-Downtown zone at a location other than an upper or basement level can only be approved with a Special Use Permit. The application report, site plan, and architectural elevations associated with this request will become binding if approved. III. EXISTING CONDITIONS OF SUBJECT PROPERTY AND VICINITY The subject property is located on the northern side of Clayton Street, mid-block between Pulaski Street and Hull Street. Alleys are located at both sides and at the rear of the structure. All surrounding parcels share the C-D (WD) (Commercial-Downtown, West Downtown Design Area) zoning designation. To the north is a restaurant, to the east and to the south are mixed use structures with upper level residences and ground level commercial uses, including retail and restaurants. To the west is an office building. The property itself contains a building with a historic structure from the 1940s on its eastern side and a non- historic addition from approximately 2005 on its western side. The east side is a single level and currently contains a spin studio. The west side of the building, which is the subject of this request, contains a retail 1 music store. The property is within the locally designated Western Downtown Historic District and the National Register Downtown Athens Historic District. IV. PROPOSED DEVELOPMENT This project involves the conversion of some areas to residential use, including the upper level and basement level of the western side of the building. Special Use approval is sought for a single two-bedroom dwelling unit on the ground floor of the building. For the purposes of this request, only the project area for the ground-floor residential aspect of this development would become binding. Due to the specifications of Code Section 9-10-2 L(1), residential uses on the ground floor require Special Use approval while those on upper or basement levels are permitted by right. The plans indicate that the existing 2005 building has a western side setback of about 4’ from the property line with another 7’ of open space on the adjacent parcel serving as an alley access and continuing to the rear of the property. Access to the ground-level and upper-level residential units would be from this western side elevation, while access to the basement would be from the rear of the building. Including the two- bedroom unit proposed for the main level, the overall development would include five dwelling units with a total of seven bedrooms. Three units would have a single bedroom and two units would have two bedrooms. Five parking spaces would be provided off-site to comply with Section 9-10-4, which requires only one parking space per unit for one or two-bedroom units in the C-D zone. The anticipated lease agreement for 347 W. Hancock Avenue is within the allowed 1,500 feet distance allowed by that Code section. Confirmation of the leased spaces being available as excess parking and not previously claimed by other uses, and a recorded agreement in compliance with Section 9-30-8, will be required during the permitting review. No variances in parking are proposed. COMPATIBILITY WITH COMPREHENSIVE PLAN I. COMPATIBILITY WITH FUTURE LAND USE MAP The 2018 Future Land Use Map designates the subject property as Downtown, which is defined as follows: Retail, office and entertainment uses are encouraged, as is high-density multifamily housing. Auto-oriented uses, such as vehicle repair and maintenance, drive-through restaurants, and vehicle sales, are not included in this designation. As parking is handled on a district level, off-street parking for individual commercial development is not intended. Parking structures with commercial uses on the street-level frontage are encouraged rather than surface parking lots. This area should have strict design requirements to protect historic integrity and to ensure that new buildings develop in a form and architectural style compatible with existing downtown character. The C-D (Commercial-Downtown) zoning classification is compatible with the Downtown designation per the compatibility matrix in Table 9.4 of the Athens-Clarke County Code. The Special Use application does not include a request to change the existing C-D zoning designation. All adjacent properties share the Downtown Future Land Use designation. 2 COMPATIBILITY WITH ZONING MAP AND ORDINANCE STANDARDS I. COMPATIBILITY WITH ZONING MAP The purpose of this request is to obtain a Special Use Permit, pursuant to Section 9-10-2 to allow for a ground-floor residential unit. This application does not propose an amendment to the current C-D zoning designation. II. COMPATIBILITY WITH ORDINANCE STANDARDS The Special Use Permit process is primarily intended to review requests for specific uses in order to ensure that the use in question will not have an adverse impact on the surrounding properties. A Special Use Permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, to the review criteria in Sec. 9-4-4-B(1) and Sec. 9-20-5. Staff comments regarding the ability of the current request to satisfy each criterion are provided below. Sec. 9-4-4-B(1) Type II planning action criteria and comments: The proposed rezoning and special use 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. The C-D zoning is compatible with the Downtown Future Development Map designation per the Compatibility Matrix in ACC Code Chapter 9-4 (Procedures). 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. The binding plans and report do not release the developer from the responsibility to fully comply with all Athens-Clarke County codes not specifically granted a variance by the terms of the Special Use Permit. The purpose of this Special Use request is to waive the Sec. 9-10-2 standard for multifamily buildings that prohibits ground-floor dwelling units. This request, if approved, would retain commercial use in the front half of the ground floor facing Clayton Street. Therefore, while not conforming to the Code, the proposal would still permit a mixed-use commercial and residential development on the subject property. The proposed development conforms to the Downtown Future Land Use designation for this property and all zoning standards. Public services, which include physical facilities and staff capacity, exist sufficient to service the proposed rezoning and special use. Comments on this proposal by the ACC Public Utilities Department and the ACC Transportation & Public Works Department are found in the “Effect on Community” section of this report. 3 The proposed special use will not adversely affect the balance of land uses in Athens-Clarke County. The request is for a Special Use Permit; the underlying C-D (Commercial-Downtown) zoning will remain in place. There has been a substantial amount of multifamily development in Athens-Clarke County in recent years; however, this development is on a smaller scale than some of the other proposed and approved developments. Sec. 9-20-5 Special Use criteria and comments: A. Is the proposed use in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant comprehensive plan policies implemented by Athens-Clarke County and with all state or federal laws? The proposed development conforms to the Downtown Future Land Use designation for this property and all zoning standards. B. Is there adequate capacity of Athens-Clarke County facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation that can and will be provided to and through the subject property? Athens-Clarke County water and sanitary sewer services are available to the subject property. Utilities servicing electrical, telephone and cable are privately held. No changes in access to the parcel are proposed. Clayton Street has one-way east-bound traffic and an alley shared with the property to the west provides access to the west and rear of the building. An alley to the east of the property has access off of Clayton Street and from the rear alley. New building entrances at the west and north sides would be created. C. Will the zoning proposal have an adverse impact on the surrounding area? When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered: 1. Similarity in scale, bulk, and coverage. 2. Character and volume of traffic and vehicular parking generated by the proposed use and the effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the surrounding area. 4. The possible impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality, including the generation of smoke, dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties compatible with the future development map and the zoning district. 7. Impact on future transportation corridors. 8. Impact on the character of the neighborhood by the establishment or expansion of the proposed use in conjunction with similar uses. 9. Other factors found to be relevant by the hearing authority for review of the proposed use. The subject property would retain commercial use at the east side of the building and the front of the western side facing Clayton Street. Similar combinations of residential and commercial uses can be found 4 in the large buildings directly to the east and south. Parking would be provided off-site for the residential units. The Downtown Future Land Use designation encourages mixed use development. The project received approval for the proposed architectural modifications from the Historic Preservation Commission at their November 17, 2021 hearing with the finding that the changes would not have a significant impact to the character or integrity of the West Downtown Historic District. EFFECT ON COMMUNITY I. BALANCE OF LAND USES IN ATHENS-CLARKE COUNTY The request is for a Special Use Permit; the underlying C-D (Commercial-Downtown) zoning will remain in place. There has been a substantial amount of multifamily development in Athens-Clarke County in recent years; however, this seven-bedroom development is on a much smaller scale than most of the other proposed and approved developments. II. POPULATION The proposed development would have two 2-bedroom units and three 1-bedroom units. Only the two- bedroom unit on the ground floor is the subject of this Special Use review. These seven dwelling units would not fundamentally impact the population of Athens-Clarke County. III. ENVIRONMENT According to the Athens-Clarke County Environmental Areas Map, there are no environmental areas on the property. In its current state the property is fully covered in building and paving, and the proposal would not increase the lot coverage. No trees are existing or proposed on the property and no tree or landscape areas are required for the Commercial-Downtown zoning designation. IV. TRAFFIC, TRANSPORTATION, & TRANSIT The area includes both sidewalks and access to public transit. The property is served by ACC Transit at Hancock Avenue to the north, Pulaski Street to the west, and Broad Street to the south. The ACC Transportation & Public Works Department has reviewed the proposal and has no traffic-related comments. V. GRADING AND DRAINAGE The ACC Transportation & Public Works Department has reviewed the proposal and has no grading or drainage comments on the project. VI. WATER AND SEWER AVAILABILITY The ACC Public Utilities Department comments that ACC water and sanitary sewer are available. 5 VII. FIRE PROTECTION The Athens-Clarke County Fire & Emergency Services has the following comments:  Fire protection can be provided without any services being affected or additional cost for fire equipment or personnel.  No additional fire hydrants would be required.  Fire apparatus can access the project from Clayton Street only.  A turnaround is not needed.  The building must have sprinkler and fire alarm systems.  Sufficient building egress width shall be protected, such as with parking bollards. RECOMMENDATION I. STAFF RECOMMENDATION – Approval The purpose of this request is to seek approval of a Special Use Permit for a residence within a Commercial zoning district on a portion of the ground floor of an existing commercial building. Including the two- bedroom unit proposed for the main level, the overall development would include five dwelling units with a total of seven bedrooms. However, for the purposes of this request, only the project area for the ground- floor residential aspect of this development would become binding. Adjoining parcels also have mixed-use structures with upper level residences and ground-level commercial uses. The proposed ground-floor residence at the rear of the existing building behind the commercial component would not impact the street-facing commercial character of Downtown. The proposed development conforms to the Downtown Future Land Use designation for this property and all zoning standards. A substantial amount of multifamily units have been developed in Athens-Clarke County in recent years; however, this development is on a much smaller scale than most of the other proposed and approved developments. Property changes would be limited to a few exterior building improvements, which have been reviewed and approved by the Historic Preservation Commission. Therefore, Staff recommends approval. II. PLANNING COMMISSION RECOMMENDATION – Pending The Planning Commission is scheduled to consider this request at their regularly scheduled meeting on December 9, 2021. III. CURRENT STATUS The Planning Commission recommendation is tentatively scheduled for presentation to the Mayor and Commission at their agenda setting on January 18, 2022. The Mayor and Commission are scheduled to hear this request on February 1, 2022. 6 Report for 240 W. Clayton Street Zoning Criteria per Section 9-4-4 and Section 9-20-5 for Type II Special Use Applications 1. The proposed special use 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. 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. 3. Public services, which include physical facilities and staff capacity, exist sufficient to service the proposed special use. 4. The proposed special use will not adversely affect the balance of land uses in Athens-Clarke County. 5. Is the proposed use in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant comprehensive plan policies implemented by Athens-Clarke County and with all state or federal laws? 6. Is there adequate capacity of Athens-Clarke County facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation that can and will be provided to and through the subject property? 7. Will the zoning proposal have an adverse impact on the surrounding area? When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered: A. Similarity in scale, bulk, and coverage. B. Character and volume of traffic and vehicular parking generated by the proposed use and the effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. C. Architectural compatibility with the surrounding area. D. The possible impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality, including the generation of smoke, dust, odors, or other environmental pollutants. E. Generation of noise, light, and glare. F. The development of adjacent properties compatible with the future development map and the zoning district. G. Other factors found to be relevant by the hearing authority for review of the proposed use. 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 November 19, 2021. 7  G on S t A Zoning Map W Wash ingt G ! C of Athens-Clarke County LEGEND Site Location Downtown Design Area C-D (DHD) Downtown Historic District < P,ACC ParksZoning (WD) West Downtown (ED) East Downtown IN, AR Institutional Agricultural Residential (DS) Dougherty Street (1 unit per 10 acre density) (RIV) River C-G, Commercial-General RS-40 Single Family Residential (WE) West End (40,000 sq. ft. min. C-D, lot area) Commercial-Downtown (ND) North Downtown N Hu RS-25 Single Family Residential RM-LTD, Mixed Density Residential C-N, Commercial-Neighborhood (25,000 sq. ft. min. lot area) Limited Overlay (WD) RS-15 Single C-O, Family Residential Commercial-Office GSRC, Gaines School Road Corridor ll St (15,000 sq. ft. min. lot area) Special District Overlay C-R, Single RS-8 Commercial-Rural Family Residential (8,000 sq. ft. min. lot area) MAC, Milledge Avenue Corridor E-I, Special District Overlay RS-5Employment-Industrial Single Family Residential (5,000 sq. ft. min. lot area) WBS, West Broad Street St E-O, Employment-Office Special District Overlay layton RM-1 Mixed Density Residential WC G, Government (16 multi-family units per acre) A, Airport Overlay Zone RM-2 Mixed Density Residential AZ1 Precision Approach Zone I, Industrial (24 multi-family units per acre) AZ2 Larger than Utility Runway Nonprecision C-D(PD) AR, Agricultural RM-3 Residential Mixed Density Residential (1 unit per 10 acre density) Approach Zone (50 multi-family units per acre) AZ3 Utility Runway Nonprecision Approach Zone PD! RM-1, Mixed Density Residential G Government (16 multi-family units per acre) TZ Transitional Zone RM-2, Mixed P Parks Density Residential RPZ Runway Protection Zone (24 multi-family units per acre) C-G Commercial General PSZ Primary Surface Zone RM-3, Mixed Density Residential (50 multi-family units per acre) C-D Commercial Downtown ski S PD PD, Planned Development RS-5, C-N Single-Family Commercial Residential Neighborhood Pula (5,000 sq. ft. min. lot area) CSPD, Conservation Subdivision C-O Commercial Office C-S(PD) RS-8, Single-Family Residential (8,000 sq. ft. min. lot area) Planned Development C-R Commercial Rural t RS-15, E-O Single-Family Employment-Office (15,000 sq. ft. min. lot area) Residential * Zoning with Condition (WE) RS-25, Employment-Industrial E-I I Single-Family Residential (25,000 sq. ft. min. lot area) Industrial Conditional Use RS-40, Institutional Single-Family Residential $ Special Use Type II FROM: TO: IN SUP-2021-11-3281 (40,000 sq. ft. min. lot area) # Local Historic Landmark SPECIAL USE PERMIT C-D (WD) Special Use Local Historic District Boundary in C-D (WD) o 240 WEST CLAYTON STREET Parcel boundaries of the site are determined by legal description. The parcels shown on this map are to be used only as a guide. Christopher C. Evans / E+E Architecture, Inc. RCWSJ, LLC TAX PARCEL # PLANNING COMMISSION ATHENS-CLARKE COUNTY MEETING DATE COMMISSION MEETING DATE 120 0 120 Feet 171A5 B011 December 9, 2021 February 1, 2022