Planning Commission

ATHENS-CLARKE COUNTY PLANNING COMMISSION MEETING MINUTES NOVEMBER 3, 2022 - 6:00 P.M. 120 W. Dougherty Street MEMBERS PRESENT: Sara Beresford (chair), Catherine Goodrum, Matthew Hall, Alice Kinman, Taylor Pass, Sarah Gehring, Kristen Morales, Joey Tucker and Monique Sanders MEMBERS ABSENT: Lucy Rowland STAFF PRESENT: Bruce Lonnee, Max Doty, and Stephen Jaques (Planning); Lisa Pappas (Attorney’s Office); Ilka McConnell and John Rogeberg (Economic Development) GENERAL BUSINESS Ms. Bereford called the meeting to order at 6:00 p.m. 1. Introduction of Staff reports and all other documents submitted to the Planning Commission at this meeting into the official record. Ms. Kinman moved to introduce all reports and documents into the official record. Mr. Tucker seconded the motion, which passed unanimously. 2. Approval of October 6, 2022 Planning Commission meeting minutes. Mr. Tucker made a motion for approval. Ms. Sanders seconded the motion, which passed unanimously. 3. MACORTS review and public comment – No comment. OLD BUSINESS 1. 1165 OGLETHORPE AVENUE – PD-2022-07-1916 Type II – Master Planned Development Petitioner: Joe Polaneczky Owners: 1165 Oglethorpe, LLC. & William A. Elbring Request: Amend a C-N (PD) (Commercial-Neighborhood, Planned Development) Tax ID: 121B1 A011A Mr. Hall recused himself prior to the consideration of this item. Mr. Jaques presented the staff report with a recommendation to deny the Planned Development Amendment request. For: Josh Koons, Tawana Maddox Against: Susan Brooks, Roger Bailey, Justin Sanders Discussion: A few neighbors spoke strongly against a connection to Landor Dr. Commissioners discussed Staff’s ideas of what a connection could look like. Some commented that a street connection did not seem necessary here. The mix of housing types, daycare, and affordability provisions were noted with approval, although the orientation of the buildings could do a better job of framing the public realm. The details of the buffers were discussed. Motion: Ms. Morales made a motion to recommend approval with conditions. Mr. Tucker seconded the motion, which passed 6-0 with 1 abstention. Conditions: 1. The developer shall add a side porch to Lot #21 2. The developer shall provide a 10’ buffer along the western property line consisting of vegetation and/or a fence. 2. 3321 & 3331 LEXINGTON ROAD - SUP-2022-04-870 Type I – Amendment to Special Use Permit Petitioner: Katie Kleibl / Schaffer Owner: H/S Athlo, LLC  Request: Amend a Special Use in C-G (A) (Commercial-General, Airport) Tax ID: 233B4 B001C & 233B4 B001D Mr. Doty presented the staff report with a recommendation to approve the Amendment to a Special Use request with a condition For: Matt Sims Against: None Discussion: The zoning code compliance issues were discussed. Motion: Mr. Tucker made a motion to recommend approval with a condition. Ms. Morales seconded the motion, which passed unanimously. Condition: 1) Developer shall amend the plan to comply with code compliance items 1, 3, 4, & 5. Compliance with item #2 is waived. NOTE: Upon further review by Staff it has been determined that development standards required by code cannot be “waived” as a condition of a Special Use Permit without seeking and obtaining a variance. As such, Condition #1 shall be modified to retain Compliance Item #2. NEW BUSINESS 3. 102 LAVENDER ROAD, 6017, 6045, & 0 JEFFERSON ROAD – PD-2022-10-03816 Type II – Planned Development Amendment Petitioner: Scott Haines / W&A Engineering Owners: Village at Oak Grove, LLC / New Oak Grove Area, LLC Request: Amend a C-G (PD) (Commercial-General, Planned Development) Tax ID: 162 025, 062 25A, 062 027, & 062 028 Mr. Jaques presented the staff report with a recommendation to deny the Planned Development Amendment request. For: Scott Haines Against: Lee Epting Discussion: Commissioners asked for clarification on the amendments to the application, including the ones that were made without a corresponding request for change. Some expressed concerns about the potential for signs to become a distraction hazard to drivers, and were concerned about the shift in the Oak Grove design from a New Urbanism-type project to a conventional strip commercial development. It was asked if it was too late to stop this shift. One comment noted that the proposed signage is aesthetically better than the ordinary C-G Zone standard. Some noted that Oak Grove should try to attract businesses that don’t need to be highway-oriented towards Jefferson Road. Motion: Ms. Kinman made a motion to recommend denial. Ms. Morales seconded the motion, which passed 5-3 (Hall, Sanders, and Tucker in opposition). 4. 505 & 515 OLYMPIC DRIVE – PD-2022-10-03839 Type I – Preliminary Planned Development Petitioner: Jason Wadsworth / Mill Creek Residential Owners: SFI Land, LLC & Wollmoor Properties, LLC Requests: From Employment to Mixed Density Residential; From E-I & I* to RM-1 (PD) (Employment- Industrial & Industrial with Conditions to Mixed-Density Residential-1, Planned Development) Tax ID: 164 021 & 164 024H  Mr. Jaques presented the staff report and noted that the application is being received with comments only. For: David Ellison Against: Patricia Taylor, Shanice Allen Discussion: The opponents of the project criticized the developer for not responding to a letter inquiring about the project, sent 8/25/22 by a nearby neighborhood association. The neighbors are primarily concerned about additional traffic on Olympic Drive and Peter Street (when traffic comes into town). Residents of East Athens do not want more cut-through traffic on Peter Street, nor do they want it widened to accommodate more traffic. It was noted that a residential use may be more appropriate for that property because of the site’s challenging environmental areas. However, there is concern that the residents would be negatively impacted by industry and it stands out for being highly inconsistent with the Future Land Use and Zoning Maps. Some said Athens needs more housing, but this is the wrong location and the design (including front- loaded garages) is not the kind of housing Athens would want anyway. 5. 1125 NEWTON BRIDGE ROAD –ZONE-2022-07-1703 Type I –Rezone Petitioner: Tiffany Hogan / D.R. Horton Owner: Jane H. and William D. Young Foundation Requests: From Employment Center to Single-Family Residential; From E-I* to RS-25 (Employment- Industrial with Conditions to Single-Family Residential-25) Tax ID: 104 002 Mr. Jaques presented the staff report which recommended denial of the Rezoning request. For: Tiffany Hogan Against: None Discussion: The applicant noted that they intended to request the Traditional Neighborhood Future Land Use but made a mistake in their application. Commissioners worried that the proposal would not generate enough tax revenue to maintain its associated infrastructure, especially given the need for a new pump station to extend sewer to the site. Residential uses make sense for the site, but not a pump station, unless additional density was added. Commissioners discussed adding mixed-use development to the area and creating a neighborhood node with multiple types of housing and neighborhood commercial uses rather than an automobile-dependent residential subdivision. The applicant was asked to provide assurance that the project would not harm the fiscal health of the County, but did not offer such assurance. Commissioners were informed that the applicant cannot amend their request for RS-25 zoning in the event of a table. Therefore, it is unlikely that the applicant would be able to add the density desired by Commissioners. Motion: Ms. Kinman motioned to table the request. Mr. Tucker seconded the motion, which passed unanimously. 6. Text Amendment – Research & Development Facility Use Petitioner: Athens-Clarke County Unified Government Request: Amend Chapter 9 of the Code of Ordinances regarding research and development uses in C-G, E, and I Zones The request was presented by Ms. McConnell with a recommendation for approval. For: Ilka McConnell (representative of sponsor: ACC Economic Development Department) Against: None Discussion: Commissioners discussed buffering the use and potentially expanding the use to the Commercial-Office zoning district.  Motion: Mr. Hall made a motion to recommend approval. Ms. Kinman seconded the motion, which passed unanimously. 7. Text Amendment – Accessory Dwelling Units Petitioner: Athens-Clarke County Unified Government Request: Amend Chapter 9 of the Code of Ordinances regarding accessory dwelling units The request was presented by Mr. Lonnee with a recommendation for approval. For: Alice Kinman, Matt Hall (representatives of sponsor: Mayor’s Working Group on Inclusionary Housing) Against: None Discussion: Commissioners asked if it was possible to do an attached ADU, whether duplexes should be allowed by-right where these ADUs are allowed, and discussed the Public Utilities requirement for separate utility connections. It was noted that this was an important, yet incremental change to the Code that would serve as a test case as the County moves into updating its Future Land Use Map and Zoning Code over the next few years. Motion: Mr. Tucker made a motion to recommend approval with conditions. Ms. Gehring seconded the motion, which passed unanimously. Condition: 1) The typos in the ordinance language shall be corrected. 8. 2023 COMPREHENSIVE PLAN – 5 Year Update Draft Review Petitioner: Athens-Clarke County Unified Government Request: Review draft plan Mr. Lonnee presented the request. The Commissioners were asked to review elements of the draft plan and notified that a complete draft will be submitted for comment at the December Planning Commission meeting. OTHER BUSINESS 1. Planning Commission Chair’s Report — No report 2. Planning Director's Report — No report 3. Miscellaneous announcements — No announcements The meeting was adjourned at approximately 10:30 p.m.