Planning Commission

PLANNING COMMISSION MEETING MINUTES SUMMARY Stonecrest City Hall - 6:00 PM *Spoke-in-Person Meeting January 02, 2024 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 November 8, 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 6:07 PM. II. Roll Call: Chairman Hubbard (District 3) called the roll. Commissioner Erica Williams (District 1), Commissioner Joyce Walker (District 2), and Commissioner Lemuel Hawkins (District 5) were present. Commissioner Pearl Hollis (District 4) was absent. There was a quorum. The Planning & Zoning Director - Shawanna Qawiy, Senior Planner - Tre'Jon Singletary, Zoning Administrative Technician – Abeykoon Abeykoon and Planning Administrative Technician – Cobi Brown were present. Attorney Alicia Thompson was present. III. Approval of the Agenda: Chairman Hubbard called for a motion to APPROVE THE AGENDA. Commissioner Erica Williams (District 1) motioned to APPROVE THE AGENDA. Commissioner Joyce Walker (District 2) seconded the motion. The motion was unanimously APPROVED. IV. Approval of Minutes: The Planning Commission Meeting Minutes Summary dated November 08, 2023. Chairman Hubbard called for a motion to approve the Planning Commission meeting Minutes Summary dated November 08, 2023, Commissioner Erica Williams (District 1) motioned to APPROVE THE MEETING MINUTES DATED NOVEMBER 08, 2023. Commissioner Joyce Walker (District 2) seconded the motion. The motion was unanimously APPROVED. V. ANNOUNCEMENTS: The Planning & Zoning department; Senior Planner - Tre'Jon Singletary announce that the city is engaged in the process of updating the comprehensive plan for the city of Stonecrest and upcoming meetings that the public can participate in. The details of the meeting date are also presented on the city’s website. VI. Presentations: Upcoming Cases Presented by Senior Planner - Tre'Jon Singletary • SLUP23 - 011 • SLUP23 – 012 • RZ23 – 010 • TMOD23 – 007 MHC Page 1 of 14 VII. Old Business: SLUP23-009 VIII. Presentations Planning and Zoning Senior Planner - Tre'Jon Singletary Presented SLUP23-009 LAND USE PETITION: SLUP23-009 PETITIONER: Darrell Johnson of JDM Consultants, LLC on the behalf of CCC Christ Gospel Parish LOCATION: 3309 and 3313 Panola Road PETITIONERS REQUEST: Petitioner is seeking a Special Land Use Permit (SLUP) to develop a Place of Worship. The applicant is proposing to operate a Place of worship will be approximately 10,500 sq ft and 150 seats capacity. Originally applicant proposed to have 300 seats but inform staff of the change during the December 14 Community Planning Information Meeting (CPIM). Total acres of the subject property is 3.7 +/-. The applicant went before Mayor and council (MCC) on November 27, 2023. MCC informed staff to take the applicant through the entire process again to ensure the community concerns were heard by applicant and staff. Staff found that there are 03 existing places of worship within a one-mile radius. The subject property belongs to R-100 underline zoning district and Suburban Neighborhood (SN) future land use/character area. According to the city ordinance Place of worship permitted withing the R -100 zoning district with a Special Land Use Permit (SLUP). City ordinance chapter 27, sec. 4.4.42 - Places of Worship, Convents; Monasteries; Temporary Religious Meetings provide necessary requirements and regulations for the proposed use. Staff recommends denial the petition based on two reasons; The applicant has not submitted the requested updated site plan and the applicant has not submitted the requested updated letter of intent. Furthermore, the council did inform applicants to provide a traffic mitigation plan and the applicant did not submit the traffic plan yet. Commissioner Erica Williams (District 1) asked is there any specific reason why the applicant did not provide the requested detail. Senour Planner Tre’Jon Singletary states that the applicant did not provide any reason. During the last CPIM on December 14th, 2023, staff had been informed to submit relevant information prior to Planning Commission (January 02nd, 2024) but applicant did not re-talk to staff. Chairman Hubbard motioned to open a Public Hearing for SLUP23-009. Approved by unanimous vote. Page 2 of 14 Petitioner’s representative Darrell Johnson of JDM Consultants status that essence of Special Land Use Permit. Applicant had met the community two weeks prior to the holidays (2023) and most of their comments on Panola road’s traffic. Developers initially proposed a building with 300 seats and decided to reduce the size by half, providing the building with 150 seats. At the entrance applicant proposed to do ride in and ride out situation. There is a church next to this proposed church, but it is not the same type of church, and this church is unique and different from any other church in the area. The developer needs more time to adjust the site plan and resubmit to the staff with modifications. The traffic mitigation plan including school peak hours also not possible to submit withing short period of time. Regarding the letter of intent, the only change is the number of seats should be reduced from 300 to 150. Commissioner Lemuel Hawkins (District 5) question on communication and states that there are requirements from Stonecrest planning department and petitioner should communicate with staff if they have any difficulties to submit relevant information on given period. Petitioner’s representative Darrell Johnson of JDM Consultants states that the communication regarding the delay of documents was not happen due to the circumstances during the holiday season. Chairman Hubbard make a motion to provide additional ten (10) minutes to each party. Approved by unanimous vote. Chairman Hubbard asked those in support to speak. Famakinwa S Bamidele; paster of the proposed church states that he lives in the area from 2000. This is a unique church with a small number of members such as one hundred (100). Church conducts religious services three (3) times per week and only on Sunday does every member get- together. Wednesday and Friday there are only four to five (4-5) people. Service time of Sunday is 10.00 am – 3.00 pm. Current location of the church is very close to road and dangerous to kids who engage in. The church conducts an annual event, and one reason of the proposed project is to have a safe and sufficient indoor space for this annual event. Deboch Fomanica daughter of the paster, states that reason for move from current location to proposed location is it is too small for kids. She is also a Sunday school teacher and lack of space leads them to conduct classes behind the current church location. Staying outside is not safe for kids and the surrounding environment is also not nice for kids. As a youth, she wishes to have a great place to bring a great future to their community. Taiwo Adeeko status that everything brings by paster and daughter is correct and she totally agree with that. She says Sunday event is end up by 2.00 pm and only reason for late departure is personal discussion with each other. This is not a typical church and ends at a typical time. Church conducts lots of community events such as food and cloth drives for homeless people. Allowing this proposal leads the community to continue those activities. Page 3 of 14 Chairman Hubbard asked those in opposition to speak. Faye Coffield status that when the new birth church was built in R-100 zoning district, there was a loss of potentials to having quality house of particular area. Opposition does nothing to do with religious related matter and anybody have their rights of worship god. But every place and every time is not the right place and the right time. The surrounding neighborhood does not belong to a transitional and belongs to high income neighborhood with upscale housing. Panola road and the subject location is not suitable for proposed development. They need quality development with no conflict with the existing community. Ronald O’ Neals states that he owned the adjacent property 3319 Panola Road, and the proposed project will impact to value down the mentioned property belongs to him. Therefore, in investment point not religious of view he does not like to give his property to adjacent development. He gave his contact information to the project manager at the CPIM meeting, but nobody had contact him yet. Donna T. Dees states that the surrounding community does not oppose the proposed church. Panola Mill subdivision is highly affected by traffic and road accidents because of roadblocks. Every Tuesday there is a food giveaway and people line up from 6.00 am in the morning. Traffic and Accidents create not safe environment over there. Lewis Anderson; president of the Hillson Head homeowners’ association states that second meeting of the first cycle of the proposed case didn’t when though with the community input due to the changes of advertised hearing dates. He questions the possibility of approving this type of development without having proper traffic study. They already have another church close to their subdivision and are having issues such as noise. Although the number of members was reduced from the initial proposal the square footage, or the size of the building, remains as it is. There are 108 steps between the existing church and the church proposed. There is another church after 300 steps. Overall traffic and notice impact and problems related to retention pond well as do not make this a good project. Donna Priest Brown states that there is a road widening program conducted along the Panola Road and question the possibility to construct a new development with proposed road widening. According to her understanding it is better to have no new development until the road expansion is completed and opposed the proposed development. Chairman Hubbard motioned to close the Public Hearing for SLUP23-009. Approved by unanimous vote. Commissioner Joyce Walker (District 2) states there are lot of miscommunications of this case. Commissioners ask staff to explain the reason for the lack of requested documents and the council’s response regarding the case. Page 4 of 14 Senior Planner - Tre'Jon Singletary explained that one requirement from council such as Traffic mitigation study and two requirements from staff such as Updated site plan and updated letter of intent does not submit by applicant. Based on lack of the requested data staff are unable to do a thorough analysis. Director - Shawanna Qawiy states that staff made recommendations based on the already submitted data and staff unable to review the data that applicant mentioned here without providing. Commissioner Erica Williams (District 1) states that instructions were not followed by applicant and have questions of communication gap, close location of existing church and noise concern. By referring to the meeting minutes of pervious meeting, it look like applicant does mot address the concerns made by last planning commission such as detention pond related issues and traffic concerns. Commissioner Lemuel Hawkins (District 5) questions the possibility of the Planning commission to extend the Council hearing of this case for another two months until March to provide sufficient time for applicant to meet requested requirements and staff to do analysis. Senior Planner - Tre'Jon Singletary explained that Planning Commission able to make such recommendation but still the case need to go to mayor and council as per the legal advertisement. Attorney Alicia Thompson provided clarifications to the options. Chairman Hubbard made a motion to recommend DEFERRAL of this application to March cycle. Commissioner Lemuel Hawkins (District 5) second the motion. Commissioner Joyce Walker (District 2) and Commissioner Erica Williams (District 1) did not approve of the motion and the motion was VOID due to not having a unanimous vote. Commissioner Erica Williams (District 1) made a motion to recommend DENIAL for this application. Commissioner Joyce Walker (District 2) second the motion. Chairman Hubbard and Commissioner Lemuel Hawkins (District 5) did not approve the motion and the motion was VOID due to not having unanimous vote. Chairman Hubbard made a motion to recommend DEFERRAL the application and the motion does not receive a second to the motion. The motion was VOID. Commissioner Erica Williams (District 1) made a motion to recommend DENIAL for this application. Commissioner Joyce Walker (District 2) second the motion. Chairman Hubbard and \ oppose the motion and the motion was carried to DENIAL by 3 to 1 vote. Page 5 of 14 Planning and Zoning Senior Planner - Tre'Jon Singletary Presented SLUP23-011 LAND USE PETITION: SLUP23-011 PETITIONER: Michelle Fennell of Farms Lane LOCATION: 5924 Fairington Farms Lane PETITIONERS REQUEST: Petitioner is seeking a Special Land Use Permit (SLUP) to operate a home child daycare as a Type II Home Occupation. Petitioner requests a special Land Use Permit to conduct home based child daycare in a existing dwelling which is approximately 3,138 sq ft in size and four bedroom and 2.5 baths. According to the city ordinance home day care maximum of three (3) children permitted withing the underline zoning district. The petition went to the Community Planning Information Meeting on December 14, 2023. The property belongs to MR-1 underline zoning district and suburban Neighborhood (SN) future Land Use/ Character area. City ordinance chapter 27, Sec 4. 2.31 Home Occupations and Private Education Uses provided necessary requirements for the proposed use. Staff recommend approving the petition based on eight (8) Conditions. Commissioner Erica Williams (District 1) questioned the flower beds, barbecue grills and other items located in the backyard of the applicant that are not kids friendly. Senior Planner - Tre'Jon Singletary explained that’s why staff recommend condition number eight (8) on staff recommendation. Commissioner Joyce Walker (District 2) asks about the community response on this case. Page 6 of 14 Senior Planner - Tre'Jon Singletary explained that staff received an overload amount of email supporting this case and no comments of opposed was presented. Commissioner Lemuel Hawkins (District 5) asks does state or city define the maximum number of children as three (3). Senior Planner - Tre'Jon Singletary explained that the city allows up to three (3) Children in home daycare and the number varied when child daycare considered as primary use. Chairman Hubbard motioned to open the Public Hearing for SLUP23-011. Approved by unanimous vote and mentioned there were 25 letters for support to this case. Applicant Michelle Fennell states that she started this daycare as a support for her younger child and she got licensed by the state. She got quality rated as two stars and does this not only for money but the love of her children. Chairman Hubbard asks whether applicant have any concerns on conditions that staff had recommended. Applicant Michelle Fennell states No. Chairman Hubbard asked those in support to speak. Donna Priest Brown; a Neighbor of the applicant states her strong support to granting this Special Administrative permit to the applicant. Michell Fennell does not cause any disturbance to the neighborhood. As a HOA board member of the subdivision, I did not receive a single complaint regarding this daycare service. Ms. Fennell keeps his house in and out of her house in excellent condition. As not only a livelihood but also a primary source of income she likes to keep Ms. Fennel in her business. Disrupting or cutting down her business might be a significant disruption for her community. Recommendation is three maximum students according to Stonecrest, but state is superseded to city. Tina Peacy a neighbor of the applicant for 18 years states that she uses her service for state funded children. States allow six (6) children in home daycare. If the city reduced that into 3 it will not be profitable for applicant. she never had a problem from applicant as a neighbor or service provider. Applicant was in her business before the city therefore cutting her business in half is not good. Clayton Hodges states that the applicant has taken care of her son and by looking at her house it does not seem like there is a daycare beside someone stepped inside. She nicely maintains her front yard and back yard. The community trusts her. Sedrick Bernards states that she knows the applicant for more than 20 years and she takes care of her kids. She doesn’t think there is an issue like traffic that neighbors normally concern about. Page 7 of 14 She and her husband had difficulties when they must take care of their Children and applicant was there to help her. Not just having 3 kids but having 6 as the state says. Because reducing children will impact her financially. Chelsea Anderson states that she knows the applicant for a long time, and she recently use the applicants service for her daughter. Unlike other daycares with many issues, applicants take care of children’s safety. She follows the book and does not do anything that he does not suppose. Hanna Ra Calhoun states that applicants in her operations in past 17 years and provide benefits to several neighbors including her. Dar care is very small in size and there are few children like no more than 2-3 families at once and 2-3 cars in driveway. There wasn’t an impact to the quality of life of homeowners due to the applicant’s business. Applicants’ contribution is required for working parents in the community. Chairman Hubbard motioned to close the Public Hearing for SLUP23-011. Approved by unanimous vote. Commissioner Erica Williams (District 1 concerns that the city ordinance had reduce the number of children and ask is there any other that she can falls under. Senior Planner - Tre'Jon Singletary explained the type 1 and type 2 home occupations where type 1 does not allow any customer contact while type 2 allows customer contact with a special land use permit. Attorney Alicia Thompson provided clarifications. Chairman Hubbard asks the possibility of grandfathering of business. Attorney Alicia Thompson provided clarifications and states that legal team need to further analysis to recognize whether there is a possibility to obtain grandfathering. She advice applicant to provide any supporting documents to staff that show the legal operation of the business. Applicant Michelle Fennell states that she recommended to have a state license. Applicants husband status that they applied for a city license prior to this time and never heard back from city. There is a person next door to the applicant running an illegal daycare and code enforcement actions had take place on that property. If city cutting their business in half, they must shut down their business. Chairman Hubbard clarify the approval process to the applicant and grandfathering concerns. Applicants need to prove the establishment of their business by providing any relevant document to the staff. Page 8 of 14 Chairman Hubbard made a motion to recommend APPROVE WITH CONDITIONS. Commissioner Joyce Walker (District 2) second the motion. Case SLUP23-011 was unanimously APPROVED. Planning and Zoning Senior Planner - Tre'Jon Singletary Presented SLUP23-012 LAND USE PETITION: SLUP23-012 PETITIONER: Natnael Mammo LOCATION: 4083 Spencer Lane PETITIONERS REQUEST: Petitioner is seeking a Special Land Use Permit (SLUP) to operate a short-term vacation rental. The applicant proposed to operate a Short-term vacation rental in a new subdivision where he resides. According to the city ordinance the applicant must obtain a residential building permit and obtain a business license prior to operating his business. Homeowners Association (HOA) covenant of the subject subdivision prohibited short-term vacation rental. The petition went through a Community Plannig Information (CPIM) on December 14, 2023. Property belongs to R-100 zoning district and Suburban Neighborhood (SN) future land use/ character area. Staff do not make any recommendations on the petition because it might be a civil matter between the applicant and the Homeowners Association (HOA) covenant. Chairman Hubbard questions whether staff unable to inform to the applicant regarding this status of this application prior to the payment. Senior Planner - Tre'Jon Singletary explained that staff had got know regarding the HOA during the Community Planning Information Meeting in December. During the pre-application meeting application did not mention the HOA covenant restriction to the staff. Attorney Alicia Thompson provided clarifications and explained that HOA covenant is a outside agreement between homeowner and HOA other than city. The city does not interfere with that agreement and separate homeowners and HOA. Commissioner Erica Williams (District 1 concerns the HOA covenants and city ordinance requirements on Short-term vacation rental. Senior Planner - Tre'Jon Singletary explained that at the beginning stage now staff are asking the HOA covenants. Commissioner Erica Williams (District 1) asked whether city have a running list of HOAs belong to the city. Director - Shawanna Qawiy states Code Enforcement Department does have list of HOA and staff can refer the list if needed. Page 9 of 14 Commissioner Lemuel Hawkins (District 5) question whether this is a new subdivision, home already constructed and still constructions going on for the subdivision. Chairman Hubbard motioned to open the Public Hearing for SLUP23-012. Approved by unanimous vote. Applicant Natnael Mammo state that he needs to withdraw the application. He was unable to participate for the December 14th CPIM meeting and his representor inform there are more than five (5) neighbors opposed to the application. He is a first-time home buyer and bought this home on March 20th (2023). His occupation is truck driver and hope to invers his property to generate some income to cover his mortgage when he is out of the town. He apologizes for the code issue recently happening due to the bad guest. Attorney Alicia Thompson provided clarifications for excepting withdrawal. Chairman Hubbard appreciate the applicant for coming and withdrawing the application. Senior Planner - Tre'Jon Singletary explain that the withdrawal is needed in writing for further processing. Chairman Hubbard made a motion to recommend ACCEPT THE WITHDRAWAL. Commissioner Erica Williams (District 1) second the motion. Applicants’ withdrawal of the case SLUP23-012 was unanimously ACCEPTED. Planning and Zoning Senior Planner - Tre'Jon Singletary Presented RZ23-010 LAND USE PETITION: RZ23-010 PETITIONER: Helen Simpson of Lowe Engineers LOCATION: 6039 Hillandale Drive PETITIONERS REQUEST: Petitioner is seeking to rezone property for the expansion of an existing cemetery. Applicant sent an email requesting to withdraw on December 23, 2023, at 10.46 am and based on the applicant request, staff recommends to withdraw Applicant’s petition. Chairman Hubbard motioned to open the Public Hearing for RZ23-010. Approved by unanimous vote. Chairman Hubbard motioned to close the Public Hearing for RZ23-010. Approved by unanimous vote. Page 10 of 14 Chairman Hubbard made a motion to recommend ACCEPT THE WITHDRAWAL. Commissioner Erica Williams (District 1) second the motion. Applicants’ withdrawal of the case RZ23-010 was unanimously ACCEPTED. Planning and Zoning Senior Planner - Tre'Jon Singletary TMOD23-007 TMOD23-007: Micro Home Community (MHC) PETITIONER: Stonecrest Planning & Zoning Department LOCATION: City-Wide PETITIONERS REQUEST: Amendment to Stonecrest’s Ordinance Chapter 27 (Zoning Ordinance), Article 2 (District Regulation), Article 3 (Overlay District Regulation), Article 4 (Use Regulations), Article 9 (definitions/Maps) regarding Micro Homes Communities City ordinance currently does not permit any dwelling less than 800 sq ft (Cottages). The city’s Comprehensive Plan envisions incorporating tine homes into the city. Staff proposing amendment to the Stonecrest’s Zoning Ordinance permit Micro Home Communities (MHC) in certain districts. Staff recommendation for making addition for sec. 3.1.6 overlay use table by allowing Micro Home Communities in Stonecrest Area Overlay Tier 2, Tire 3, Tire 4 & Tire 5. Staff proposing to permit Micro Home Communities by right only in the High Density Residential (HR 1, 2, and 3) Zoning Districts. Staff recommendations for Sec. 4.2.49 Page 11 of 14 Staff recommendations for Sec. 9.3.1 Page 12 of 14 Commissioner Joyce Walker (District 2) asked the current locations that Micro Home Community exist. There are news that large organizations started such a micro home project in Stonecrest and what is the reality of that news. Senior Planner - Tre'Jon Singletary explained that currently there are no micro home communities in the city and this text amendment is for allowing the use. Lowers square footages allows currently is cottages. Chairman Hubbard motioned to open the Public Hearing for TMOD23-007 Approved by unanimous vote. Chairman Hubbard asked those in support to speak. There was none. Chairman Hubbard asked those in oppose to speak. There was none. Chairman Hubbard motioned to close the Public Hearing for TMOD23-007 Approved by unanimous vote. Chairman Hubbard mentioned that when preparing the comprehensive plan, the micro home or the tine home communities also had in discussion. DeKalb county commissioner district 6 has cottages for micro homes those were also in some TV (television) shows. Because these are so small those are not belonging to the same housing standards. Commissioner concern about the HOA for maintain drainage and streets. Medium income community who are willing to purchase tine homes will not take the responsibility of maintaining drainage and roads. According to the proposed amendment the minimum parking requirement is 1.5 and suggest changing it to a minimum of 1 driveway. Senior Planner - Tre'Jon Singletary explained the purpose of having HOA is beautifying the city and maintain the neighborhood. Staff request a minimum of 3 amenity areas that developers need to build. Commissioner Erica Williams (District 1) states that these micro homes that not going to be cheap. Tiny home communities in the city of Clarkston start at $120,000. Having a HOA is agreed but not driveway and drainage. Parking also can developers according to the developers’ thoughts on the development. Director - Shawanna Qawiy states those homes start at $99,000 and it might be higher after the construction has completed. Parking types also depend on the way of development. Commissioner Erica Williams (District 1) proposed a site visit to the existing tiny home community. Commissioner Lemuel Hawkins (District 5) concerns the overflow parking requirements. Commissioner Erica Williams (District 1) concern the additional parking space for visitors and More than one entry and exit way. Page 13 of 14