Planning Commission

PLANNING COMMISSION MEETING MINUTES SUMMARY Stonecrest City Hall- 6:00 PM *Spoke-in-Person Meeting October 3, 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 October 3, 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 Erica Williams (District I), Commissioner Joyce Walker (District 2), Commissioner Pearl Hollis (District 4), and Commissioner Lemuel Hawkins (District 5) were present. III. Planning Deputy Director Matthew Williams and Planner Abeykoon Abeykoon were in attendance. Attorney Alicia Thompson, Fincher Denmark, LLC, virtually attended. IV. Approval of Minutes: The Planning Commission Meeting Minutes Summary dated September 5, 2023. Chairman Hubbard called for a motion to approve the Planning Commission meeting Minutes Summary dated September 5, 2023 by Commissioner Hawkins. Commissioner Walker seconded the motion. The motion was unanimously APPROVED. V. VI. Approval of the Agenda: Chairman Hubbard called for a motion to APPROVE THE AGENDA. Commissioner Hollis motioned to APPROVE THE AGENDA. Commissioner Hawkins seconded the motion. The motion was unanimously APPROVED. VII. Presentations: Upcoming Cases Presented by: Mr. Ray White, Planning Director and Tre’Jon Singletary, Senior Planner • RZ-23-003 • SLUP23-004 • SLUP23-005 VIII. Old Business: RZ23-003 IX. Announcements Planning and Zoning Project Viewer X. Presentations The Deputy Director Matthew Willaims Presented RZ-23-003, SLUP23-004 and SLUP23- 005 Page 1 of 11 RZ23-003 Matthew Williams the deputy director stated that the application for RZ23-003 has been withdrawn by the applicant. SLUP23-004 Commissioner Hawkins excused himself from making a decision on this case considering that the applicant is his neighbor as well as friend and he did not want there to be a conflict of interest. 3575 Trinity Place Jeffrey Dickerson of Trinity Treehouse, LLC Petitioner is seeking a Special Land Use Permit (SLUP) to construct a Short-Term Vacation Rental (STVR). Facts and Background- • Applicant had constructed a ADU (Accessory Dwelling Unit) • Applicant desire to operate a Short-Term Vacation Rental (STVR) from the ADU • Petition went through a Community Information meeting (CPIM) on September 14, 2023 Future Land Use- Rural Residential (RR) Character Area Zoning- R-100 Residential Medium Lot Overlay District- Arabia Mountain Conservation Aerial Map and Street View- Submitted Site Plan- Page 2 of 11 Sec. 4.2.3. – Accessory Dwelling Unit, Guesthouse, In-Law Suite. Sec. 4.2.58. – Short Term Vacation Rental Page 3 of 11 Staff Recommendation(s) Staff recommends APPROVAL with the following condition(s): 1. Applicant must comply and remain in compliance with Sec. 4.2.58. - Short term vacation rental; 2. No city permit for the operation of the short-term vacation rental shall be transferable will only be permitted for the owner/operator Jeffrey Dickerson; 3. Applicant must comply and remain in compliance with ARTICLE VII. - NOISE ORDINANCE; 4. Short-term rental units must be properly maintained and regularly inspected by the owner or agent to ensure continued compliance with applicable property maintenance, zoning, building, health, and life safety code provisions. 5. All marketing and/or advertising for short-term rental units must contain information concerning the occupancy limit of the short-term rental unit, and the maximum parking available on the property. Advertising for more than the allowable occupancy or allowable parking is prima facie evidence of a violation of the city code. Further, failure to include such occupancy limits and maximum parking availability is prima facie evidence of a violation of the city code. Each Short-Term Vacation Rental (STVR) must obtain a city license as well as all license(s) and/or permit(s) required by the State of Georgia before beginning. Jeff Dickerson, the applicant was asked to come to the stand. He confirmed what was stated in the presentation. He also stated that within the last three years the tree house has not had an impact on external aesthetics of the neighborhood, and any was and has gained positive attraction from past guests as well as some media outlets. Chairman Hubbard made a motion to open public hearing. It was seconded by Commissioner Hollis and Moved by Unanimous vote. Page 4 of 11 James Smith the next-door neighbor came to the stand to speak in favor. He stated that he has not had an issue since the treehouse has been opened and stated that it was beautiful. The guest are not partiers but nature lovers. Calvin Lawerence a resident of the neighbor came to the stand to speak in opposition. He stated this will set a precedence and that it is against the covenant which does not allow Air bnbs. He is worried about when the next person comes (owner of the main home) they may not operate the way the applicant does. Greg Flanigan a resident of the neighborhood poke in opposition. He stated that the covenant does not allow Airbnbs It only takes one incident for one person to come into the neighborhood and kill, rob, etc. It sets a precedent. Gloria Gray, a resident of the subdivision spoke in opposition. She also stated that this will set a precedence for others in the neighborhood wanting to also operate an Airbnb and the subdivision will go from quiet into a business venture. Her property is her biggest asset. Jeff Dickerson came back to the stand for a rebuttal. If the treehouse were to be under another owner the new owner will have to also go through the SLUP process. Short term rentals have to be 500ft distance from one another. Public Hearing is closed. Alicia Thompson the city attorney stated that HOA covenants can be enforceable when taken to the court level, but the ordinance of the city proceeds in this case Chairman Hubbard seconded what the attorney stated. Commissioner Hollis commented that the treehouse has been in operation for three years and there weren’t any concerns from HOA during that time. The applicant had to get several permits. Chairma Hubard made a motion to APPROVE the application, it was seconded by Commissioner Hollis, and APPROVED by unanimous vote (Excluding Commissioner Hawkins) RZ23-003 Alicia Thompson the city attorney suggested to vote on the withdrawal of this application. Chairman Hubbard made a motion to WITHDRAW this application, it was seconded by Commissioner Hollis, and WITHDRAWN by unanimous vote. SLUP23-005 4908 Ardsley Drive Teshaye Lowe of Helping Hands Child Service Petitioner is seeking a Special Land Use Permit (SLUP) to operate childcare service as a Type II Home Occupation. Page 5 of 11 Facts and Background- • Applicant desire to obtain a business license for educational purpose in a home-based setting. • The existing structure to the proposed development is two-story dwelling with approximately 1972 sq living space. • Petition went though a Community Information meeting (CPIM) on September 14, 2023 Future Land Use- Suburban Neighborhood (SN) Zoning- R-100 Residential Medium Lot Aerial Map and Street View- Street View and Submitted Site Plan- Page 6 of 11 Sec. 4.2.31. – Home Occupations and Private Educational Uses Page 7 of 11 Sec. 4.2.41. – Personal Care Homes and Child Caring Institutions Staff Recommendation(s) Staff recommends APPROVAL with the following condition(s): 1. Applicant must comply and remain in compliance with Sec. 4.2.31. - Home occupations and private educational uses; 2. Applicant must comply and remain in compliance with all International Building Code regarding care facilities within a dwelling; 3. No city permit for the operation of the short-term vacation rental shall be transferable will only be permitted for the owner/operator Teshaye Lower and Nathaniel Lowe; 4. A City of Stonecrest business license is required before operating the Childcare Service; 5. No parking is permitted on the street or on lawn area of subject property; 6. No child shall remain at the subject property for no more than 12 (twelve) hours per day; and 7. Play area shall be secured and not easily accessible to the public. Commissioner Walker asked about the definition of a type 2 home occupation and who regulates the rules for this type of operation Matthew Williams Explains that with a type 1 home occupation does not allow customer contact while type 2 allows customer contact. For the seconded question he stated that it is a collaborative effort amongst man city departments. Commissioner Walker asked about the amount of childcare services in the area and if there is a future use for the vacant areas in the diagram Page 8 of 11 Matthew Williams states that there is a distance requirement, and the applicant will have to answer the second question Commissioner Hollis asked about the number of children allowed and age range. Matthew Williams the deputy director stated that she can have up to six children. Teshaye Lowe the applicant came to the stand. She stated that the age range is 1-8. She also showed the council what areas in her home are used for the childcare. She stated that she watches up to six kids which is also an allowance through her degree. The parents have to bring the children’s lunch, but she prepares snacks (am and pm) Hours of operation is 8am- 5pm Some of the children live in the neighborhood others are from a school she previously used to teach at She is aware and is in agreement with the conditions from the planning department. Ernie Spikes a neighbor of fifteen years came to speak in support of her application. He stated that she is a great person for this type of business, and he has even found iPads to donate to her for the school. They neighbors are pretty supporting of one another. Public Hearing is closed. Commissioner Walker asked if the backyard was fenced in and the years of operation. Teshaye Lowe stated that it is a requirement to have a fenced in backyard and that she has been in operation for one year. Commissioner Hawkins talked about his positive experience with a smaller daycare he had when his children were young. Chairman Hubbard also had a positive experience with one when his children were young Chairman Hubbard made a motion to APPROVE the application. It was seconded by Commissioner Hollis and APPROVED by unanimous vote. XI. Announcements: The next meeting for the applicants is the City Council meeting hosted on October 23rd at 6 pm in the same location. The next Planning Commission Meeting will be held on November 8th due to the upcoming election. Welcome Commissioner Erica Williams of District 1 Page 9 of 11 Motion to adjourn Moved The meeting ended at 7:00 PM Page 10 of 11