Planning Commission

PLANNING COMMISSION MEETING MINUTES SUMMARY Stonecrest City Hall- 6:00 PM *Spoke-in-Person Meeting September 5, 2023 As set forth in the Americans with Disabilities Act of 1990, the City of Stonecrest will assist citizens with special needs given notice (7 working days) to participate in any open meetings of the City of Stonecrest. Please contact the City Clerk’s Office via telephone (770-224-0200) Citizens wishing to actively participate and make a comment during the public hearing portion of the meeting please submit a request via email address planning-zoning@stonecrestga.gov by noon the day of the hearing August 1, 2023. The zoom link for the meeting will be sent to you, or you can also submit comments and questions to the same email address by the same deadline to be read into the record at the meeting. I. Call to Order: Chairman Eric Hubbard (District 3) called the Spoke-in-Person meeting to order at 6:00 PM. II. Roll Call: Chairman Hubbard (District 3) called the roll. Commissioner Joyce Walker (District 2), and Commissioner Lemuel Hawkins (District 5) were present. Commissioner Pearl Hollis (District 4) was absent and the District I seat is currently vacant. Planning Director Ray 'White, Deputy Director Matthew Williams, Senior Planner Tre’Jon Singletary, and Planner Abeykoon Abeykoon were in attendance. Attorney Alicia Thompson, Fincher Denmark, LLC, virtually attended. III. Approval of Minutes: The Planning Commission Meeting Minutes Summary dated August 1, 2023. Chairman Hubbard called for a motion to approve the Planning Commission meeting Minutes Summary dated August 1, 2023 and moved by Chairman Hubbard. Commissioner Walker seconded the motion. The motion was unanimously APPROVED. IV. Approval of the Agenda: Chairman Hubbard called for a motion to APPROVE THE AGENDA. Commissioner Hawkins motioned to APPROVE THE AGENDA. Commissioner Walker seconded the motion. The motion was unanimously APPROVED. V. Presentations: Upcoming Cases Presented by: Matthew Williams, Deputy Director • RZ-23-003 • SLUP22-016 • SLUP23-007 • SLUP23-008 • TMOD23-004 VI. Old Business: RZ-23-003 VII. Announcements Dr. Ray White Retirement and Voting VIII. Presentations The Deputy Director Matthew Williams Presented all cases above Page 1 of 22 RZ-23-003 • 4700 Browns Mill Road • Battle Law PC on behalf of applicant, Ray of Hope Christian Church Disciples of Christ, Inc. • Applicant is seeking a major modification of conditions of the subject property to change the conditions from zoning case number CZ-05-32, to allow for 46 Single-Family Detached Dwellings Commissioner Hawkins asked for designs and site plans relating to the proposal to the last meeting. Matthew Willaims states that the documents asked for in the last meeting were not sent over by the applicant The applicant also was not present SLUP22-016 • 1352 Regal Heights Drive • Stella Akolade • Petitioner is seeking a Special Land Use Permit (SLUP) to operate a Personal Care Home, Group. Facts and Background • CPIM (Community Planning Information Meeting) was held on August 10th • Petition is considered a Type II Home Occupation • Applicant is proposing to host no more than three (3) individuals within home • Existing structure is approximately 2,478 sq. ft. • Applicant must obtain approval of SLUP (Special Land Use Permit) and Business License prior to operations Future Land Use/Character Area Zoning- R-100 Residential Medium Lot Page 2 of 22 Page 3 of 22 Page 4 of 22 Sec. 4.2.41. – Personal Care Homes & Child Caring Institutions Chairman Hubbard asked if the applicant agreed to the two conditions Matthew Williams stated that is a requirement Public Hearing was opened Stella Akolade (The applicant) came to the stand to speak on her petition and stated that it will be for individuals with development disabilities, staff will be with them all of the time, and the individuals who stay at the home are comparable to living with a family member Commissioner Hawkins asks if there was a meeting with the community and what type of individuals will be staying there Matthew Willaims mentions that there was a CPIM meeting Ms. Akolade mentions that it will be adults in the age range 18 to late 70s There was no one to speak in favor of the application but one to speak in opposition. Page 5 of 22 Charles Spivey has been living across the street from this property since 1995. He stated that there was a citizen who previously owned this home and operated the same type of business. During that time traffic was an issue, parking was also an issue and people would park in front of his home including the employees, and the police were called at times. Commissioner Walker asked if the neighborhood had an HOA and if there were any issues regarding the age range of the residents when the previous owners were there Mr. Spivey stated that there was not an HOA which is why he enjoyed moving there because all of the neighbors were in agreement with the upkeep of the neighborhood. He stated that his youngest daughter had an issue because there was a man that would stare at her and smoke but there were never any confrontations. The biggest problem was parking in the street because the driveway is steep. Ms.Akoldale stated that she has been in this industry for a while because she was a registered nurse. She visited the home before the previous owner left. The driveway is a good size and she does not like parking on the street. She also stated that she would make sure to work with her neighbors before operating. Commissioner Hawkins asked if there is someone at the house full-time and why would the individuals need to stay there. Ms. Akolade stated that she will stay in the home and an individual (staff member) would be there full-time. Individuals will stay there if they have intellectual development disabilities. Commissioner Walker asked why the previous owner left Ms Akoldae stated that the owner said that she was tired. Public hearing was closed for discussion. Commissioner Walker asked if there were any other personal care homes in this area Director Ray White stated that they did not have an estimate Commissioner Hawkins was concerned about the individual who was in opposition Chairman Hubbard made a motion to approve the petition with the conditions made by the department. Commissioner Hawkins seconded the motion and it was Approved by unanimous Approval. SLUP23-007 • 2547 Lithonia West Drive Page 6 of 22  • Hanna Casswell of Casswell Design Group, LLC • Petitioner is seeking a Special Land Use Permit (SLUP) to operate an Asphalt Plant. Facts and Background th • CPIM (Community Planning Information Meeting) was held on August 10 • Applicant sought to rezone property in 2020; applicant withdrew rezoning application • Currently existing has a licensed business as a Concrete Plant • Subject property is surrounded by industrial zoned parcels • The Applicant is proposing to be an enclosed concrete plant • Proposed hours of operation will be 7:00 AM – 7:00 PM Future Land Use/Character Area Zoning Map- M Light Industrial Page 7 of 22 Page 8 of 22 Page 9 of 22 Public Hearing was opened Antonio Vile representative of The Applicant Ron Kennedy came to the stand. He stated it was brought up by staff that there was an application that was submitted in 2020. They made it to the city council but withdrew the application. He and his client want to make sure that they are in compliance. Commissioner Hawkins asked how long they had been in business Ron Kennedy stated that they have been 404Concrete since 2016, but have been in that location since 2020. Commissioner Walker asked about the community meetings. Hanna Caswell another representative for the company came to the stand. She stated that there were people who were in opposition, but they did not live in the area. This was during the time of the first rezoning application. She also explained that the property was originally zoned M1 but they wanted to do M2 at the time. Commissioner Walker asked if they were in operation at the moment Antonio Vile states They are currently operating Attorney Bernie Knight came to the stand to speak in opposition. He thinks the application should be deferred. Asphalt should not be on the application because it is a concrete plant. The plant has been operating for years without the proper zoning and proper permits. He has nothing against the applicant. It is a heavy industrial use. There should not be heavy industrial usage added south of Covington Highway. Dave Marcus a Stonecrest resident of 32 years spoke in opposition because they have been operating illegally. He doesn't believe that the people who attended the community meeting did not live in the area. Concerned about the previous application. He agrees with Bernie Knight about location. It leaves a bad taste in his mouth and asks that the Planning Commission deny the application. Anthonio Vile came back to the stand for rebuttal. The previous application is the past and the staff is aware of what happened. They have been operating with no issues and have been in communication with the city. They have paid fines and other fees needed for the application. Page 10 of 22 They are within the ordinance and right to operate. They have done everything required and ask that they approve. The floor opened for discussion Commissioner Hawkins mentions that he agrees that concrete is heavy industrial, but the usage is allowed within the light industrial according to the code. If there is an issue then the public can communicate with staff for amendments. The code allows it and they have to follow code. Commissioner Hawkins approves the application with conditions recommended by staff. Chairman Hubbard seconded this motion. Commissioner Walker voted against it. The application still passes SLUP23-008 • 6419 Rockland Road • Joel Burkholder • Petitioner is seeking a Special Land Use Permit (SLUP) to operate a Short-Term Vacation Rental. Facts and Background • CPIM (Community Planning Information Meeting) was held on August 10th • The existing dwelling is approximately 3,122 sq ft. • Existing dwelling consists of four (4) bedrooms, 1.5-bathroom, family room, dining room, kitchen, outside courtyard, living room, mudroom hallway, laundry room on the main level • Additionally, one (1) bedroom, full bathroom, and living room located in basement • Section 4.2.58 (Short Term Vacation Rental (STVR)) lists eleven (11) supplemental regulations applicant must abide by Future Land Use/Character Area Page 11 of 22 Zoning- R-100 Residential Medium Lot Overlay District- Arabia Mountain Conservation Page 12 of 22 Page 13 of 22 Page 14 of 22 Sec. 4.2.58. – Short Term Vacation Rental Joel Burkholder the applicant came to the stand, He currently lives at the home with his family but is now fixing it up so it can become a short-term rental. The house sat vacant for a long time. Parking, noise, and vetting of renters are problems people are usually concerned with. The house is on 3.2 acres of land so there will be no issues with parking, no one under the age of 21 will be able to rent, the duration of stay will be under 30 days and 1-2 night stays will not be allowed, 24-hour surveillance cameras will be in operation on the outside of the property. There will also be smoke and fire monitoring. The pool there will be enclosed for liability's sake. They will be working with local businesses for upkeep. Commissioner Hawkins asks if he and his family plan on vacating after approval Joel Burkholder stated that they will not be living there when someone is renting. Page 15 of 22 Dave Marcus resident of Dekalb 30 years and neighbor came to the stand to speak in support to ask for approval with one condition. He was concerned about parties that people may try to have on the property. He thinks that it should be managed or owner-occupied even while someone is renting. Joel Burkholder came back to the stand and stated that he has property owners at another property that he owns in Florida and they do not care about the property as much as he the owner does. He will have people on the ground and cameras will watch the property Commissioer Hawkins moves to Approve this petition it is seconded by Chairman Hubbard and Approved by unanimous vote. TMOD23-004 Food Truck/Vending • City-Wide • Stonecrest Planning and Zoning Department • Petitioner is seeking to make amendments and updates to Article 19 (Mobile Food Venders) of Chapter 15 (Licenses, Permits and Miscellaneous Business Regulations) and Article 4 (Use Regulations), Article 9 (Definitions/Maps) of Chapter 27 (Zoning Ordinance) regarding Food Trucks/Vending. Facts and Background • There are not existing Zoning Regulations for Food Truck with Zoning Ordinance • Current “Vending Operations Rules” exist in Chapter 15 (Licenses, Permits and Miscellaneous Business Regulations) • Staff is proposing changes to the Stonecrest’s Ordinance Amendments to Chapter 15 (Licenses, Permits and Miscellaneous Business Regulations) What Changed? • Food Truck Page 16 of 22  • Removed existing definition and implemented a new definition • Vending Cart • Removed existing definition and implemented a new definition Amendments to Chapter 15 (Licenses, Permits and Miscellaneous Business Regulations) What Changed? • Removed vending operations rules from Chapter 15 (Licenses, Permits and Miscellaneous Business Regulations) Amendments to Chapter 27 (Zoning Ordinance) What Changed? • Added Food Trucks, Mobile Vending/Food Carts to the Overlay Use Table Page 17 of 22  • Permits Food Trucks, Mobile Vending/Food Carts in all Overlay District byway of the underlying zoning district. Amendments to Chapter 27 (Zoning Ordinance) What Changed? • Added Food Trucks, Mobile Vending/Food Carts to the Use Table • Permits Food Trucks, Mobile Vending/Food Carts in the following zoning districts with an approved Special Administrative Permit (SA): • OI – Office Institutional • C-1 – Local Commercial • C-2 – General Commercial • OD – Office Distribution • M – Light Industrial • M2 – Heavy Industrial Page 18 of 22 Page 19 of 22 What Changed? • Added supplemental regulations for Food Trucks, Mobile Vending/Food Carts What Changed? • Added definitions for the following: 1. Food Truck 2. Vending 3. Vending/Food Cart Amendments to Appendix A – (Schedule of Fees) Staff Recommendation(s)- Approval Chairman Hubbard asked about the time extension possibilities for some applicants. Matthew Williams stated that it will be looked at in a case-by-case basis. Generally, the hours will be 7-10. Chairman Hubbard asks if the city is hosting an event will food trucks still need to get a permit Director White stated that the city is not excluded. Commissioner Hawkins asks if there is a definition of the different usages (food cart, bbq pits, etc) If should be added in somewhere so no one can say that the ordinance does not apply to them. He asked for the definitions to be more specific. He also asks if the property owners have to get permission. Page 20 of 22 Matthew Williams stated that the notification of property owner approval is a requirement And that they can specify the definition. Commissioner Walker asks about the different locations where food trucks are usually present. Chairman Hubbard gave some examples such as the park, during the holidays, etc. Chairman Hubbard closed public hearing so that they could go into discussion. Chairman Hubbard agrees that the definition should be edited so citizens will not think they are exempt. He motioned for approval of the TMOD with Commissioner Hawkins's suggestions. This is seconded by Commissioner Hawkins and approved by unanimous vote. Matthew Willaims asked about the Old Business that was omitted but there was no motion Chairman Hubbard made a motion to open the public hearing for RZ23-003 . He made a motion to defer the application to the next cycle because the applicant was not present. It was seconded by Chairman Hawkins and deferred by unanimous vote. VII. Announcements: Matthew Williams Deputy Director stated that this was Director Ray White’s last Planning Commission Meeting because he will be retiring. Chairman Hubbard asks people to Vote Chairman Hubbard moved to Adjourn. It was seconded and approved by Unanimous Vote. Meeting ended at 7:32pm Page 21 of 22