Planning Commission

ATHENS-CLARKE COUNTY PLANNING COMMISSION MEETING MINUTES MAY 2, 2024 - 6:00 P.M. 120 W. Dougherty Street MEMBERS PRESENT: Matthew Hall (chair), Alice Kinman (vice-chair), Sara Beresford, Alexander Sams, Sarah Gehring, Kristen Morales, Joey Tucker, Monique Sanders, and Taylor Pass MEMBERS ABSENT: None STAFF PRESENT: Brad Griffin, Marc Beechuk, Max Doty, Bruce Lonnee, Wick Prichard, Amber Eskew, John Rogeberg, and Stephen Jaques (Planning); Austin Jackson (Attorney’s Office), Daniel Sizemore (Transportation & Public Works), Ilka McConnell and Jason Jones (Economic Development), and Kevin Kearney (Fire Marshal) 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. Morales moved to introduce all reports and documents into the official record. Ms. Gehring seconded the motion, which passed unanimously. 2. Approval of March 7, 2024 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. 2990 BARNETT SHOALS ROAD – PD-2024-02-0219 Type II – Planned Development Amendment Petitioner: Frank Pittman / Pittman and Greer Engineering Owner: Resurrection Presbyterian Church Inc. Request: Amend RS-8 (PD) (Single-Family Residential-8, Planned Development) Tax ID: 184 001J Mr. Prichard presented the staff report with a recommendation for approval with conditions. For: Frank Pittman (applicant) Against: None Discussion: Commissioners clarified the dimensions of the tree buffer areas as well as the technical difference between 1- and 1.5-story houses. The floor plans were commended for their design. Motion: Ms. Kinman made a motion to recommend approval with the recommended staff conditions. Ms. Gehring seconded the motion, which passed unanimously. Conditions: 1. The 20,000 sq ft tree conservation area abutting Barnett Shoals Rd and stretching from Lots 1-8 will be labeled ‘undisturbed buffer strip.’ 2. Houses will follow the scale of submitted renderings and floor plans with an elevation of a single-story building and an area of no more than 1,800 sq ft. 2. 247 PULASKI ST, 260-270 N. NEWTON ST, & 363 W. HANCOCK AVE – SUP-2024-02-0240 Type II – Special Use Petitioner: Henry Anderson III / Treanor HL Owner: Georgia Beta Chapter House Corp. Request: Special Use in C-D (West End) (Commercial-Downtown (West End)) Tax ID: 171A2 E007, 171A2 E006, 171A2 E005, & 171A2 E003 Ms. Eskew presented the staff report with a recommendation to approve with conditions For: Marc Murray, Sam McElreath (applicants) Against: None Discussion: Commissioners focused their discussion on the variances, since there was no concern expressed about the fraternity use itself. The applicants also focused their efforts towards persuading Commissioners to grant the variances. The applicant stated that the two variances pertaining to retaining walls and setbacks would cost them two of their proposed parking spaces. The Planning Commission focused their discussion on the variance request that would allow the fraternity to avoid building public sidewalk along Newton St. and Reese St. Commissioners discussed that sidewalks are more necessary here than anywhere else in Athens. Downtown Athens is built for walking, with sidewalks on both sides of each street, and filling in the sidewalk gap on this block is vital—especially given the construction of approximately 1,000 bedrooms on the adjacent blocks. One Commissioner countered supported granting the variance and reasoned that the sidewalk on the other side of the street could suffice—especially if the County decided to improve the existing right-of-way on Reese St. Planning Commissioners concluded that the rubble wall along Newton was mostly dilapidated beyond repair and did not warrant a variance on constructing the sidewalk. Similarly, Commissioners did not find that the hedge along Reese St. was of such historic condition as to warrant granting a variance on sidewalk construction there. It was pointed out that, although a hedge has been located there for decades, the plants themselves are replaced as they die, so the plants are not historic. Constructing a sidewalk does not prevent the fraternity from having a hedge along that edge of the property. It was pointed out that there is ample room in their yard to move the hedge over a few feet to make room for the sidewalk. The majority of Commissioners did not support sacrificing walkability and connectivity to preserve a hedge. Commissioners also decided against granting the variance on the retaining wall along Newton St. because it would be too high to be so close to the sidewalk. Commissioners did decide to grant Variance #3 regarding transparency of the ground floor in large part because the grade change meant that the transparency requirement would require windows where a foundation wall was proposed. Motion: Ms. Morales made a motion to recommend approval with conditions along with granting of only variance #3. Ms. Kinman seconded the motion, which passed unanimously. Conditions: 1. In the event that the zoning request is approved without granting of the variances, the plan shall be amended to comply with all applicable ordinances. All other elements of the plan shall be considered binding. 2. A combination plat to have the entire property combined into a single parcel shall be recorded at, or before, the time of permitting review. 3. A variance shall be granted from Sec. 9-10-6(D)4.b., listed as Variance #3 in the Staff Report, for ground floor transparency and alternative treatments for the same in a Commercial-Downtown zone. NEW BUSINESS 1. 1508 US HWY 29 N – ZONE-2023-12-2457 Type I – Rezone Petitioner: Ben Proulx / SPG Planners + Engineers Owner: Westley Harbin Request: From Rural to General Business; From C-R to C-G (Commercial-Rural to Commercial-General) Tax ID: 211 032H Mr. Rogeberg presented the staff report with a recommendation for approval with condition. For: Ben Proulx (applicant) Against: None Discussion: Commissioners clarified how the use restriction would work, based on the language in the condition. The applicant stated that they are comfortable with the condition as worded. FLU Motion: Ms. Kinman motioned to recommend approval of the Future Land Use request. Mr. Tucker seconded the motion, which passed unanimously. ZONE Motion: Ms. Kinman motioned to recommend approval with condition, as listed in the staff report. Mr. Tucker seconded the motion, which passed unanimously. Condition: 1. In addition to the current use as Construction Materials Sales, and until such time that sewer becomes available, additional uses shall be limited to only those uses that are permitted in both the Commercial- Rural and Commercial-General zones. Uses allowed in those zones with any limitation shall have to meet the more restrictive allowance. 2. 1005 HENDERSON EXT – SUP-2024-03-0452 Type II – Special Use Petitioner: Jada Fiorentino / New Life House of Hope Owners: Christopher Broadnax Request: Special Use in RM-2* (Mixed-Density Residential-2 with Condition) Tax ID: 122D3 G015 Mr. Jaques presented the staff report with a recommendation for approval. For: Jada Fiorentino (applicant), Ashley Davis, Sunshine McCoy, Terry Sissal, Christy, Kristin Hartland, Lindsey Jones, Alvin Sheats Against: None Discussion: Graduates of the program testified to its ability to help them get their life back together, including finding employment, homes, reconnecting with family, and recovering their self-worth. A staff member testified to the rigor of the program, including a schedule and curfew. They spoke of the serious need for a place to locate this facility. Community need outstrips the supply of supportive programs and facilities that places like New Life House of Hope offers. A neighbor spoke in support of the facility specifically because it only housed women. Commissioners appreciated the additional details about the nature of the operation that the applicant provided. They stated that it helped them get comfortable with the request, including any potential impacts on noise and traffic. One Commissioner stated that they did not realize that these facilities are only allowed in multi-family zoning districts (RM) and criticized the single- family zones (RS) for not allowing this type of use. Motion: Ms. Kinman made a motion to recommend approval. Mr. Tucker seconded the motion, which passed unanimously. 3. 3029 ATLANTA HWY – SUP-2024-03-0453 Type II – Special Use Petitioner: John Maddox / Blue Ridge Atlantic Acquisitions, LLC Owner: American Guardian Corporation Request: Special Use in C-G (Commercial-General) Tax ID: 074 A024A Mr. Beechuk presented the staff report with a recommendation for approval. For: John Maddox (applicant), Grant Whitworth Against: None Discussion: Applicant stated that they are partnering with the Athens-Clarke County Housing Authority to provide affordable senior housing with this project. Commissioners were excited to see affordable senior housing proposed and stated that the project is evidence that Athens-Clarke County housing policies are working. Commissioners also discussed finding a way to connect the sidewalk on this property with the bus stop up the street. Motion: Mr. Tucker made a motion to recommend approval. Ms. Morales seconded the motion, which passed unanimously. 4. 200 TREMONT PKWY – PD-2024-04-0687 Type II – Planned Development Amendment Petitioner: Ben Proulx / SPG Planners + Engineers Owner: Rigby Family LLLP3 Request: RM-2 (PD) to RM-2 (Mixed-Density Residential, Planned Development to Mixed-Density Residential) Tax ID: 072 013L 5. TEXT AMENDMENT – Sidewalks in E-I, E-O, and I Zones Petitioner: Athens-Clarke County Unified Government Request: Require sidewalks in all zones, including Employment-Industrial, Employment-Office, and Industrial Zones for projects meeting the threshold of Sec. 9-25 design standards Mr. Sizemore presented the text amendment with a recommendation for approval. For: None Against: Grant Whitworth Discussion: Commissioners asked for details to support the request, including whether there is a possibility of creating exemptions to the new rule. Commissioners were concerned that the text amendment could lead to the creation of sidewalks that are in locations where they will not be used—creating unnecessary installation and maintenance costs. However, several Commissioners stated that the current rule does not appear to have been drafted with input from people who walk and bike around Athens. They stated that if a company balks at building sidewalks, when considering a move to Athens, then that company may not have the best interest of Athenians in mind. Commissioners decided to table the request to give the Transportation and Public Works Department, the sponsor of the amendment, more time to develop the record with additional input from interested parties and more details explaining why the amendment is warranted. Motion: Ms. Kinman made a motion to recommend tabling the request. Ms. Gehring seconded the motion, which passed unanimously. 6. TEXT AMENDMENT – Science Research and Development Petitioner: Athens-Clarke County Unified Government Request: Expand the allowances for Science Research and Development uses Ms. McConnell presented the text amendment with a recommendation for approval. For: Grant Whitworth Against: None Discussion: The stated rationale for expanding the zones where science research and development uses are allowed is to broaden the pool of available properties for such a use could be located at reasonable cost. Due to the cost of new construction, it is more feasible to renovate an existing building. Motion: Ms. Gehring made a motion to recommend approval. Ms. Morales seconded the motion, which passed unanimously. OTHER BUSINESS 1. Planning Commission Chair’s Report – No report 2. Future Land Use Steering Committee Report – Mr. Sams, as chair of the Future Land Use Update Steering Committee, detailed the Steering Committee’s purpose, composition, and purpose. 3. Planning Director's Report – Provided a status update on cases previously forwarded to the Mayor & Commission, including the text amendment to allow Commission-Defined Options on text amendments. 4. Miscellaneous announcements – No announcements Ms. Kinman made a motion to adjourn. Ms. Morales seconded the motion, which passed unanimously. The meeting adjourned at approximately 9:15 p.m.