Planning Commission

ATHENS-CLARKE COUNTY PLANNING COMMISSION MEETING MINUTES MAY 4, 2023 - 6:00 P.M. 120 W. Dougherty Street MEMBERS PRESENT: Sara Beresford (chair), Catherine Goodrum, Alice Kinman, Matthew Hall (vice-chair), Lucy Rowland, Sarah Gehring, Kristen Morales, and Joey Tucker MEMBERS ABSENT: Monique Sanders and Taylor Pass STAFF PRESENT: Brad Griffin, Zach Craig, Amber Eskew, Marc Beechuk, and Stephen Jaques (Planning); Austin Jackson (Attorney’s Office) GENERAL BUSINESS Ms. Beresford 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. Rowland moved to introduce all reports and documents into the official record. Ms. Kinman seconded the motion, which passed unanimously. 2. Approval of April 6, 2023 Planning Commission meeting minutes. Mr. Tucker made a motion for approval. Ms. Gehring seconded the motion, which passed unanimously. 3. MACORTS review and public comment – No comment. OLD BUSINESS - None NEW BUSINESS 1. 540 BAXTER STREET – PD-2023-04-0659 Type II – Planned Development Amendment Petitioner: David Matheny / Armentrout, Matheny, Thurmond P.C. Owner: Red & Black Publishing Co. Request: Amend a C-G (PD) (Commercial-General, Planned Development) Tax ID: 171C1 E016 Mr. Jaques presented the staff report with a recommendation for approval with condition For: Bret Thurmond, David Matheny, Bill Crane, Justin Tardy, Tim Clark, Patrick Flynn, Lorie Clark Against: George Daly, Rhonda Parker, Peggy Galis, Rhett Jackson, Gary Bertsch, Jennie Comstock, Gabe Comstock, Joan Jackson, Jason Bennett, Diana Jackson Discussion: The lengthy public comment period revolved around proponents testifying to the good behavior of the fraternity, reuse of a structure and strong oversight from the national organization. while opponents (concentrated on nearby Henderson Ave) criticized the proposal as a threat to their quality of life due to excessive noise and activity. Various commissioners expressed sympathy towards the Henderson Ave neighbors, while other commissioners stated that the location is a good fit for a fraternity because of walkability and its proximity to the University and other similar uses. The longstanding history of Baxter as a commercial street was noted. Commissioners recognized that fraternities can create potential negative impacts on neighborhoods. However, some of the complaints about trash and noise were noted as code enforcement issues rather than zoning issues. One commissioner stated that sites for uses that generate public opposition should not be chosen solely on the basis of public opinion, as this can lead to siting these uses in disadvantaged neighborhoods that lack political power. Motion: Ms. Rowland made a motion to recommend denial of the zoning request. Ms. Goodrum seconded the request, which passed 4-3 (Gehring, Morales, and Tucker in opposition). 2. 290, 310, & 322 NORTH AVENUE – PD-2023-04-0661 Type II – Preliminary Planned Development Petitioner: David Ellison Owners: Bethlehem Land Holdings LLC Request: From C-G to C-G (PD) (Commercial-General to Commercial-General, Planned Development) Tax ID: 164A3 A001A, 164A3 A002, 164A3 A003, & l64A3 A004 Mr. Jaques presented the staff report and noted that the application is being received with comments only. For: David Ellison, Ed Schimmel Against: None Discussion: One member of the public (Ed Schimmel) spoke in favor of the project and about the need for redevelopment in the area. Most Commissioners agreed that the project needs a significant redesign to align with County plans for the area, including recent grant funding for multi-modal, streetscape improvements. The applicant was encouraged to redesign the site to integrate the commercial and residential components and make the overall design more walkable. 3. 4075-4079 BARNETT SHOALS ROAD –PD-2023-04-0657 Type II –Planned Development Amendment Petitioner: Michael B. Thurmond Owners: Casey Savage, Bobby & Mary Savage, and Timothy & Kim Savage Request: Amend an RS-25 (PD) (Single-Family Residential-25, Planned Development) Tax ID: 251 028, 251 028A, & 251 028B Mr. Jaques presented the staff report with a recommendation for denial. For: Bret Thurmond and Kelly Savage Against: None Discussion: Applicant presented an exhibit claiming that the proposal could be built according to Code without the requested waiver on tree canopy standards while resolving the code compliance issues mentioned in the Staff Report. This satisfied Commissioners who had been reluctant to grant the waiver. Motion: Ms. Morales made a motion to recommend approval of the zoning request with a condition. Mr. Tucker seconded the motion which passed 6-1. Condition: 1. The request to waive all tree canopy standards is not granted; The applicant shall amend their plan to comply with Code Compliance issues #1 and #2 as listed in the Staff Report. 1. Proposed new property line between Tract 3 & 4 does not demonstrate compliance with the side setback requirements for the existing residence on Tract 3. 2. Per Section 9-26-3(A)6., a private drive serving 3 units is required to be 20 feet of improved width with a 25 foot dedicated easement. No improvements are shown and currently there is only a 2-track unimproved path serving the rear two properties. Additionally, the plans show a new easement to serve the proposed tract and it is only 24 feet. (Staff Note: Applicant has amended their plan to comply with this standard, so it is no longer included in the Condition.) 4. Text Amendments –State-Mandated Ordinance Changes Petitioner: Athens-Clarke County Unified Government Request: Amend Title IX of the Code of Ordinances regarding posting and application deadlines and an exemption to the definition of family for maternity houses  Mr. Griffin and Mr. Jackson presented each amendment to the Commissioners with a recommendation to adopt all six of them. For: None Against: None Discussion: The Planning Director and Attorney explained the six ordinance updates that are being recommended to comply with changes to State of Georgia law. No further discussion occurred. Motion: Mr. Tucker made a motion to recommend approval of all six text amendments. Mr. Hall seconded the motion, which passed unanimously. OTHER BUSINESS 1. Planning Commission Chair’s Report – No report 2. Planning Director's Report – Status update on items previously forwarded to the Mayor & Commission 3. Miscellaneous announcements – No announcements The meeting adjourned at 9:00 p.m.