Planning Commission

PLANNING COMMISSION MINUTES Tuesday, January 3, 2023 Council Assembly Room 6:00 PM 70 S. Clayton St, GA 30046 Call to Order Called to Order at 6 p.m. PRESENT Chairperson Bruce Hardy Vice-Chairperson James Nash Board Member Jack “Jay” Johnston, Jr. Board Member Jen Young Board Member Stephanie Henriksen Approval of Agenda Motion made to AMEND the Agenda as PRESENTED to add, withdraw, or table agenda items as shown below by Board Member Johnston, Jr., and Seconded by Board Member Nash. • Add Election of Chairperson for the year 2023 • Add Election of Vice-Chairperson for the year 2023 • Withdraw Item No.4 RZM2022-00013 & SUP2022-00075; GTD Partners, LLC c/o Andersen Tate & Carr; 800 Block Grayson Highway, at the applicant’s request. • Table Item No. 6. An Ordinance to Amend ARTICLE 5, Parking of the Zoning Ordinance until further notice • Table Item No. 7. An Ordinance to Amend ARTICLE 9, Administration and Enforcement of the Zoning Ordinance until further notice. • Table Item No. 8. An Ordinance to Amend the Code of Ordinance, Chapter 10, Article II until further notice. Voting Yea: Board Member Hardy, Board Member Johnston, Jr., Board Member Nash, Board Member Young, Board Member Henriksen. Motion made to APPROVE the Agenda as AMENDED by Board Member Young and Seconded by Board Member Nash. Voting Yea: Board Member Hardy, Board Member Johnston, Jr., Board Member Nash, Board Member Young, Board Member Henriksen. Approval of Chairperson Motion made to elect Bruce Hardy as Chairperson of the Planning Commission for the year 2023 by Board Member Young and Seconded by Board Member Nash. Voting Yea: Board Member Hardy, Board Member Johnston, Jr., Board Member Nash, Board Member Young, Board Member Henriksen. Approval of Vice Chairperson Motion made to elect Jim Nash as Vice-Chairperson of the Planning Commission for the year 2023 by Board Member Johnston, Jr., and Seconded by Board Member Young. Voting Yea: Board Member Hardy, Board Member Johnston, Jr., Board Member Nash, Board Member Young, Board Member Henriksen. Approval of Prior Meeting Minutes Motion made to Approve the Planning Commission Meeting Minutes as shown below Board Member Nash, and Seconded by Board Member Young • Monday, October 3, 2022, Meeting Minutes • Monday, November 7, 2022, Meeting Minutes • Monday, December 6, 2022, Meeting Minutes Voting Yea: Board Member Hardy, Board Member Johnston, Jr., Board Member Nash, Board Member Young, Board Member Henriksen Rev is ion No. New Business 1. RZC2022-00043 – Applicant: BB Accounting Services, Inc., c/o Brenda Castro; Property Owners: Benjamin Melo Jimenez; An application to rezone the subject property from RS-180 (Single-Family Residence District) to OI (Office Institutional District); Street Address: 388 Scenic Highway; Parcel Identification Number: R5141 072; Approximately 0.43 acres. Motion made to recommend DENIAL of RZC2022-00043 by Vice-Chairperson Nash, Seconded by Board Member Young. Voting Yea: Chairperson Hardy, Board Member Johnston, Jr., Vice-Chairperson Nash, Board Member Young, Board Member Henriksen. 2. RZC2022-00044 – Applicant: KRB Investments, Inc., c/o Ben Morris; Property Owners: 142 E Oak St, LLC and 288 N Clayton St, LLC; An application to rezone the subject properties from RS-150 (Single-Family Residence District - Unconditional) and BGC (Central General Business District - Conditional) to BGC (Central General Business District - Conditional); Street Address: 142 E Oak Street and 288 N Clayton Street; Parcel Identification Number: R5146B060 and R5146B049; Approximately 0.59 acres. Motion made to recommend APPROVAL of RZC2022-00044 with Staff recommended conditions by Vice-Chairperson Nash, Seconded by Board Member Young. Voting Yea: Chairperson Hardy, Board Member Johnston, Jr., Vice-Chairperson Nash, Board Member Young, Board Member Henriksen. 3. RZM2022-00014 – Applicant: Metro Atlanta Recovery Residences, Inc., c/o Bill Barnes; Property Owners: Metro Atlanta Recovery Residences, Inc.; An application to rezone the subject properties from RM-12 (Multifamily Residence District) to RM-8 (Townhouse Residential District); Street Address: 168 Constitution Boulevard; Parcel Identification Number: R5142 083; Approximately 2.03 acres. Motion made to recommend APPROVAL of RZM2022-00014 with Staff recommended conditions by Board Member Johnston, Jr., Seconded by Vice-Chairperson Nash. Voting Yea: Chairperson Hardy, Board Member Johnston, Jr., Vice-Chairperson Nash, Board Member Young, Board Member Henriksen. Public Comment No Public Comment Rev is ion No. Final Adjournment Motion made to Adjourn at 7:00 p.m. by Vice-Chairperson Nash and Seconded by Board Member Young. Voting Yea: Chairperson Hardy, Board Member Johnston, Jr., Vice-Chairperson Nash, Board Member Young, Board Member Boutwell Rev is ion No. PLANNING COMMISSION RECOMMENDED CONDITIONS_01042023 Motion made to recommend DENIAL of RZC2022-00043 by Vice-Chairperson Nash, Seconded by Board Member Young. Voting Yea: Chairperson Hardy, Board Member Johnston, Jr., Vice-Chairperson Nash, Board Member Young, Board Member Henriksen. NOTE: The following conditions are provided as a guide should the City Council choose to approve the petition of this request. RZC2022-00043 Approval as OI (Office Institutional District) for an Accounting Services Office, subject to the following enumerated conditions: 1. To restrict the use of the property as follows: A. Uses allowed in OI (Office Institutional District). B. No tents, canopies, temporary banners, streamers or roping decorated with flags, tinsel, or other similar material shall be displayed, hung, or strung on the site. No decorative balloons or hot-air balloons shall be displayed on the site. Yard and/or bandit signs, sign-twirlers or sign walkers shall be prohibited; C. Peddlers and/or any parking lot sales unrelated to the rezoning shall be prohibited; D. Outdoor storage shall be prohibited; E. The owner shall repaint or repair any graffiti or vandalism that occurs on the property within 72 hours; 2. To satisfy the following site development considerations: A. The development shall be constructed in conformity with the City of Lawrenceville Zoning Ordinance and Development Regulations. Final design shall be subject to the review and approval of the Director of Planning and Development. B. Buildings shall be designed and constructed in conformity with Zoning Ordinance, Article 6 Architectural and Design Standards, and International  Building Code (IBC). Final building elevations shall be subject to the review and approval of the Director of Planning and Development. C. Landscape shall be designed and installed to meet the conditions of zoning, requirements of the Zoning Ordinance and Development Regulations. Final design shall be subject to the review and approval of the Director of Planning and Development. D. Provide five (5) parking spaces, must be on an approved surface and striped. E. Provide a ten (10) foot landscape strip adjacent to all public right-of-ways. F. Provide a fifteen (15) foot landscape strip adjacent to all internal property lines. G. Provide a six (6) foot concrete sidewalk adjacent to all public right-of-ways. H. Lighting shall be contained in cut-off type luminaries and shall be directed in toward the property so as not to shine directly into adjacent properties or right-of-ways; I. Dumpsters shall be screened by solid masonry walls matching the building, with an opaque metal gate enclosure. PLANNING COMMISSION RECOMMENDED CONDITIONS_01042023 RZC2022-00044 Approval of a rezoning to BGC (Central General Business District), subject to the following enumerated conditions: 1. To restrict the use of the property as follows: A. Mixed-use building with residential condominiums, professional offices, and retail. a. Retail service-commercial uses and accessory uses. The following uses shall be prohibited: i. Adult Entertainment Facility ii. Auction House iii. Automobile Accessories Sales and Installation iv. Automobile Body Repair, Painting or Rebuilding v. Automobile Broker vi. Automobile Manufacturing Plant vii. Automobile, Truck or Vehicle Storage Lot (excl. junk/wrecked vehicles) viii. Automobile Parts Store (with/without installation) ix. Automobile Repair and Maintenance (Principal Use) x. Automobile Sales or Auction and Related Service (indoor/outdoor sales) xi. Automobile Wash (Carwash) xii. Bail Bonding xiii. Building Materials Sales (indoors/outdoors) xiv. Depot / Passenger Terminal (bus or rail) xv. Dollar or Variety Store 1  xvi. Garden Supply Center xvii. Hookah/Vapor Bar or Lounge xviii. Machine Shop xix. Maintenance Shop (fleet vehicles) xx. Motorcycle and Personal Watercraft Sales and Related Service xxi. Motorcycle and Personal Watercraft Service and Repair xxii. Motorcycle Parts, Accessories and Apparel Store xxiii. Pawn Shop xxiv. Smoke or Novelty Shop xxv. Tobacco or Novelty Shop xxvi. Tattoo and Body Piercing xxvii. Title Loan Facility B. The minimum heated floor area per dwelling unit shall be 1,708 square feet for the condominiums. C. The façade, rear, and side elevations of the building shall be designed and constructed consisting of four (4) sides of brick. The final design shall be subject to the review and approval of the Director of the Planning and Development Department. D. Access to the subject property shall be extended via an existing curb cut along the southern right-of-way of Oak Street at or near the northwest portion of the property. The final design shall be subject to the review and approval of the Director of the Planning and Development Department. 2. To satisfy the following site development considerations: A. Maintain or provide a five (5) foot concrete sidewalk adjacent to the right- North Clayton Street right-of-way and Oak Street. B. Natural vegetation shall remain on the property until the issuance of a development permit. C. A centralized dumpster shall be provided; weather be service through the 2  city or a trash compactor. D. Provide a loading dock in the first floor. E. Any utility relocations shall be the responsibility of the developer. 3. To satisfy minimum parking requirements, the following variance is granted: A. A variance from the Zoning Ordinance, Article 5 Parking, Section 502 Required Off-Street Parking and Loading to allow for a reduction of minimum parking spaces required, from 120 to 78 spaces. 3 PLANNING COMMISSION RECOMMENDED CONDITIONS_01042023 RZM2022-00014 Approval of a rezoning to RM-8 (Townhouse Residential District), subject to the following enumerated conditions: 1. To restrict the use of the property as follows: A. Single-family attached dwellings. B. The maximum number of units shall be 14. 2. To satisfy the following site development considerations: A. Rehabilitation of the existing Townhome dwelling units shall be subject to the review and approval of the Director of Planning and Development. B. Natural vegetation shall remain on the property until the issuance of a development permit. C. Any utility relocations shall be the responsibility of the developer. 3. The following variances are granted: A. A variance from the Zoning Ordinance, Article 1 Districts, Section 102.5, Subsection B. Lot Development Standards, Minimum Development Area, allows the reduction of minimum development area to 2.1 acres. B. A variance from the Zoning Ordinance, Article 1 Districts, Section 102.5, Subsection B. Lot Development Standards, External Minimum Side Setback, allows the encroachment into the required external side yard setback along the southeastern property line thirteen (13) feet. C. A variance from the Zoning Ordinance, Article 1 Districts, Section 102.5, Subsection B. Lot Development Standards, Impervious Surface Maximum Coverage, allows the maximum impervious surface coverage to exceed 40%. D. A variance from the Zoning Ordinance, Article 1 Districts, Section 102.5, Subsection B. Lot Development Standards, Three-Bedroom Unit Restriction allows the number of three-bedroom townhouse units to exceed 40%. 1 E. A variance from the Zoning Ordinance, Article 1 Districts, Section 102.5, Subsection B. Lot Development Standards, Four-Bedroom Unit Restriction allows the number of four-bedroom townhouse units to exceed 10%. F. A variance from the Zoning Ordinance, Article 1 Districts, Section 102.5, Subsection C. Mandatory Homeowners Association allows for 100% of townhouse units to be leased to third parties. G. A variance from the Zoning Ordinance, Article 1 Districts, Section 102.5, Subsection C. Mandatory Homeowners Association allows development to bypass requirement to include amenities such as a resort-style pool, cabana, fitness center, or community room for residents. H. A variance from the Zoning Ordinance, Article 1 Districts, Section 102.5, Subsection D. Architectural Standards allows for the newly-constructed townhomes to be built in a manner consistent with the existing townhomes. I. A variance from the Zoning Ordinance, Article 1 Districts, Section 102.5, Subsection E. Development Standards allows for parking on the commonly owned and HOA maintained parking lot currently existing on the property. J. A variance from the Zoning Ordinance, Article 1 Districts, Section 102.5, Subsection E. Development Standards allows for the newly-constructed townhomes to be built in a manner consistent with the existing townhomes. K. A variance from the Zoning Ordinance, Article 1 Districts, Section 102.5, Subsection G. Green/Common Space allows for the existing common areas as configured to satisfy requirement. L. A variance to allow a 25-foot encroachment into the stream buffer (impervious surface buffer). 2