Planning Commission

ATHENS-CLARKE COUNTY PLANNING COMMISSION MEETING MINUTES NOVEMBER 5, 2023 - 6:00 P.M. 120 W. Dougherty Street MEMBERS PRESENT: Matthew Hall (chair), Sara Beresford, Alexander Sams, Sarah Gehring, Kristen Morales, Joey Tucker, and Catherine Goodrum MEMBERS ABSENT: Alice Kinman (vice-chair), Taylor Pass, and Monique Sanders STAFF PRESENT: Brad Griffin, Bruce Lonnee, Amber Eskew, Marc Beechuk, and Stephen Jaques (Planning); John Hawkins (Attorney’s Office) GENERAL BUSINESS Mr. Hall 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. Beresford moved to introduce all reports and documents into the official record. Mr. Tucker seconded the motion, which passed unanimously. 2. Approval of October 5, 2023 Planning Commission meeting minutes. Mr. Tucker made a motion for approval. Ms. Beresford seconded the motion, which passed unanimously. 3. MACORTS review and public comment – No comment. OLD BUSINESS 1. 437-445 LITTLE OAK ST & 111-151 BURNEY ST – PD-2023-08-1609 Type II – Master Planned Development Petitioner: Scott Haines / W&A Engineering Owners: Athens Area Habitat for Humanity & First Street Acquisitions LLC Request: From RS-5 to RM-1 (PD) (Single-Family Residential to Mixed-Density Residential, (Planned Development)) Tax ID: 172C1 J019, 172C1 J019C, 172C1 J021, 172C1 J022, 172C1 J022A, 171C1 J022B, 172C1 J022C, & 172C1 J022D Mr. Beechuk presented the staff report with a recommendation of approval with conditions. For: Justin Crighton, Spencer Frye (applicants) Against: Ann Swenson, Cooper Holmes, Tom Roberts Discussion: Opponents of the proposal generally thought the concept could work, but that it was too large and too dense. Commissioners discussed that multiple projects have come through on this parcel and this one has more aspects serving the community. The discussion of lot and house size was touched upon multiple times; it was mentioned that the building code has certain minimums for livability purposes. Additionally, it was mentioned that we regularly see larger homes and units built, so why not allow the option of smaller homes on this site? The Habitat for Humanity ownership model was discussed. The discussion then moved to space for recreating or other activities in limited yard space. Mention of proximity to Dudley Park, along with smaller scale structures could offset that limitation. The need for housing was brought up multiple times along with the notion that staff reviews for the concept (and if approved) during the construction phase will handle technical issues. Motion: Ms. Morales made a motion to recommend approval with conditions, as proposed by Staff. A friendly amendment was made to Condition Five and accepted. Ms. Gehring seconded the motion, which passed 6-1 (Sams in opposition). Conditions: 1. Due to limited water capacity in this area, the existing 8" water main in Burney St will need to be  extended as part of this project to tie-into the existing 6" water main in Little Oak Street at the intersection of Burney & Little Oak. 2. The developer must maintain full ownership of, and responsibility to maintain, the permeable pavers proposed for the on-street parking bays. The legal documents necessary to ensure these conditions must be provided by the developer at the developer's expense, reviewed and approved by TPW, and approved by the ACC Mayor and Commission. Mayor and Commission approval must be obtained prior to site plan approval by TPW. 3. In order to justify the lower design standards used in the proposed street alignments, traffic volume analysis in accordance with practices accepted by the ACC Traffic Engineering Division must be provided and must demonstrate that the traffic volume on the proposed streets will be less than, or equal to, 400 vehicles per day at full buildout. 4. Applicant shall amend Waiver 7 to correct their parking reduction calculations and address all applicable parking requirements in Sec. 9-26-4 & 9-30-2(A). 5. The applicant may administratively amend the plan in cooperation with Staff to accommodate the sewer layout requirements of the Public Utilities Department as long as these changes do not result in an increase of density, a reduction of lot sizes. a loss of parking, or a reduction in tree canopy. 6. Applicant shall request a waiver from Sec. 9-25-8 C (7) (c) requiring a play area for children for projects over 20 units that are not designed as age limited or student housing 7. Applicant shall request a waiver from Sec. 9-8-2. for a standalone parking lot on an RM parcel 8. Applicant must maintain compliance with the 64% planting in accordance with the Conserved Canopy Tree waiver 9. Access off Little Oak St is shown through a CSX Transportation parcel and needs further information on an agreement or easement NEW BUSINESS 1. 129 PEACH STREET – SUP-2023-10-1950 Type II – Special Use Petitioner: Jada Fiorentino Owner: Bill Mundy Request: Special Use in RM-1 Mr. Beechuk presented the staff report with a recommendation for approval. For: Jada Fiorentino (applicant), Lindsey Jones, Stephanie Boyd, Christie Henson Against: Carlton Davis, Kimberly Davis, Lue Ellen Sewell, Caleb Holland, Linda Davis, Abraham Mosley Discussion: Supporters testified to the benefits of the program and how graduation has positively affected their lives. Opponents discussed traffic, existing drug issues in the neighborhood, statistics on the effect on property values and safety. The commissioners mentioned that here is a need for this use, but questioned the location—including proximity to the Athens Transit line. It was mentioned that some of the comments need to be addressed regardless of the proposal. The applicant stated that staff would be on site to provide additional oversight of the program. Motion: Ms. Morales made a motion to recommend denial. Ms. Gehring seconded the motion, which passed 5-2 (Beresford and Tucker in opposition). 2. 2295 BARNETT SHOALS ROAD & 170 FOREST ROAD – ZONE-2023-09-1947 Type II – Rezone Petitioner: Frank Pittman / Pittman & Greer Engineering Owner: Green Acres Baptist Church Inc. Request: From RS-25 to RM-1  Tax ID: 241C1 A002 & 241C1 A016 Mr. Jaques presented the staff report with a recommendation for denial. For: Frank Pittman, Blake Underwood (applicants), Chris Joiner, Ray Argo Against: Kent Middleton, Sara Maya, Brad Hankins, Andy Herod, Roxanne Eberhart, Sinclair Jackson, Raquel Francisco, Josh Dentro, Kimberly Perez, Melanie Arron, Matthew Mendicino, Laura Mood Discussion: The applicants stated that the location is in line with comprehensive plan policies of locating people near services, transportation options and amenities. They and proponents mentioned that the property is seeing issues with homeless and illicit activities. The opponents brought up issues of traffic (particularly if it goes through Green Acres), lack of family amenities, spot zoning, neighborhood stormwater issues, and claims that the project would house students near a neighborhood that is known for its family orientation. Commissioners focused on the compatibility of the zoning request which was mostly deemed reasonable, but the lack of a binding plan didn’t allow for the neighborhood to know what would be on site. There were also questions about how the property got to the point of having such limited access which was noted that it dates back many years. Motion: Ms. Morales made a motion to recommend denial. Ms. Beresford seconded the motion, which passed 4-3 (Gehring, Sams, and Tucker in opposition). 3. 120 W CLOVERHURST AVENUE — SUP-2023-10-1962 Type II – Special Use Petitioner: David Matheny / Armentrout, Matheny, Thurmond, P.C. Owner: Jason W. Williams Request: Special Use in RS-8 Tax ID: 171C3 E010 Ms. Eskew presented the staff report with a recommendation for approval. For: David Matheny, Jason Williams (applicants), Chris Joiner Against: Robert McGuinn, Stanton Porter, Rich McCormick, Kevin O’Niell, Amy Covey Discussion: The applicant stated that they are trying render a longtime use conforming in order to expand the dwelling. He mentioned that it was already reviewed, approved, and bound by the Historic Preservation Commission, upheld through appeal by the Mayor & Commission, and that the expansion is not physically designed or allowed to be used as a third unit. Opponents were concerned with the lot coverage, proliferation of multi-family, potential use as a short-term rental, and the legal procedures used for the application. Commissioners mentioned the positives of duplexes, particularly in a neighborhood with high housing prices, and that the addition had already been reviewed and approved for the historic district. It was also mentioned that this type of request should be allowed by right. A final question was asked about the deck and potential impact on neighbors, but it was clarified that approval of the request would allow the owner to remove a non- conforming garage and replace it with a structure that abides by the district’s setback requirements. Motion: Ms. Morales made a motion to recommend approval. Mr. Tucker seconded the motion, which passed 7-0. 4. TEXT AMENDMENT – Administrative Waivers Petitioner: Athens-Clarke County Unified Government Request: Amend Title IX of the Code of Ordinances regarding a new administrative waiver For: None Against: None  Discussion: The Planning Director and Attorney explained the ordinance update that is being recommended to comply with a change to State of Georgia law. No further discussion occurred. Motion: Mr. Tucker made a motion to recommend approval. Ms. Sanders seconded the motion, which passed 7-0. 5. TEXT AMENDMENT – Single-Family Residences in the Airport Overlay Petitioner: Athens-Clarke County Unified Government Request: Amend Title IX of the Code of Ordinances regarding allowing single-family residential construction in the Airport Overlay Zone. For: None Against: None Discussion: The Planning Director and Attorney explained the ordinance update that is being recommended to correct an oversight that created a conflict in the Ordinance during a previous amendment regarding housing in the Airport Overlay Zone. No further discussion occurred. Motion: Mr. Tucker made a motion to recommend approval. Ms. Morales seconded the motion, which passed 7-0. 6. TEXT AMENDMENT – Distribution Centers Petitioner: Athens-Clarke County Unified Government Request: Amend Title IX of the Code of Ordinances regarding the creation of a new land use for distribution centers For: None Against: None Discussion: The Planning Director and Attorney explained the ordinance update that is being recommended to update the definitions and use tables around various types of warehousing given the change in how those uses operate over the past 20 years. It was recommended to strike the word ‘especially’ from the descriptor of “especially large quantities” of outdoor storage. Motion: Ms. Beresford made a motion to recommend approval. Mr. Tucker seconded the motion, which passed 7-0. OTHER BUSINESS 1. Planning Commission Chair’s Report – No report 2. Planning Director's Report – Status update on the process of developing a new Growth Concept Map 3. Miscellaneous announcements – No announcements The meeting adjourned at 10:40 p.m.