Special Administrative Permit Public Hearings

SPECIAL ADMINISTRATIVE PERMIT PUBLIC HEARING MEETING MINUTES SUMMARY Stonecrest City Hall- 6:00 PM *Spoke-in-Person Meeting October 4, 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 4, 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. Introductions: Deputy Director Matthew Williams, Senior Planner Tre’Jon Singletary, and Planning Administrative Technician Cobi Brown were in attendance. Attorney Alicia Thompson, Fincher Denmark, LLC, virtually attended. II. Presentations: Upcoming Cases Presented by Tre’Jon Singletary, Senior Planner • SA23-030 • SA23-031 • SA23-034 • SA23-035 • SA23-036 III. Presentations The Senior Planner Tre’Jon Singletary Presented SA23-030, SA23-031, SA23-034, SA23- 035, and SA23-036 Purpose and Intent Initiated by the State of Georgia as of July 1, 2023; Public Hearing is required for all Special Administrative Permits request; Occurrence Every 3rd Tuesday of each month, but was hosted on Wednesday this hearing because it was already advertised Special Outdoor Events Which We Encourage Applicants to start the Pre-Application phase 60-days prior to proposed event date(s) The Process Applicants attempting to host a special event, install a solar energy system, and operate a Type 1 home occupation must go through this process. Page 1 of 11 Page 2 of 11 Sec. 4.2.31. – Home occupations and private educational uses SA23-030 Anekia Kelly of Wellness Home-Health LLC 6409 Phillips Creek Drive Applicant is seeking a Special Administrative Permit to use office space in home to operates their Home Health Care Business as a Type I Home Occupation Future Land Use- Suburban Neighborhood (SN) Zoned- RSM-Small Lot Residential Mix Letter of Intent and Floor Plan Provided by Applicant- Page 3 of 11 Anekia Kelly stated that the business will be for obtaining patient documents and enrolling comments for home-based services. She will communicate with them virtually and no clients will be at her home. Public Hearing is opened and the applicant is called to the stand No one spoke for the petition but some attendees spoke against it. Sharon Crossley a resident of this neighborhood stated that she was opposed to the petiton due to the shootings, break-ins, and fast driving that has been occurring in her neighborhood which disrupts peace and has left her and others traumatized. She is entitled to retire and have peace where she lives. Ricahrd Haire another resident of the neighborhood came to the stand. He stated that his house was shot up and asked if her petition would impose more property taxes on the neighborhood. He also asked if this would be a residential or business neighborhood and will more businesses be opened in the neighborhood. He is also tired of the shootings and other disruptive activities that have occurred. Public hearing was closed. Trejon Singletary Senior Planner assured that the code states that applicants can not bring clients to the home and that the applicant is aware. Sharon Crossley a resident of this neighborhood came back to the stand and stated that she is a business owner who rents in a commercial area and the applicant should do the same Staff’s Decision- APPROVAL WITH CONDITIONS Page 4 of 11 1. Applicant must comply and remain in compliance with supplemental regulations in Section 4.2.31. - Home occupations and private educational uses; and 2. No city permit for the operation of the home occupation shall be transferable; will only be permitted for the owner/operator Anekia Kelly. SA23-031 Terrance Hollis of World of Love LLC 6690 Villa Court Applicant is seeking a Special Administrative Permit to use office space in home to operate their Home Care Business as a Type I Home Occupation Future Land Use- Urban Neighborhood (UN) Character Area Zoning- RSM Small Lot Residential Mix Overlay District- Stonecrest Tier 4 Letter of Intent and Floor Plan submitted by applicant- Terrence Hollis the applicant came to the stand and stated that he would be the only one on the premises at all times. He will be housing patient and caregiver’s documents. Public Hearing was opened. Page 5 of 11 There were no individuals who spoke for the petition, but there were attendees who spoke in opposition Sheila Chalmus a resident of the neighborhood came to the stand. She stated that this petition violates the neighborhood’s bylaws and covenants which prohibit the operation of businesses in their community. She also stated that HIPPA has regulations for patient documents. She asked if Mr. Hollis rents the property. Chara Bell a resident who lives across from the applicant came to the stand. She wanted to know what prevented Mr. Holliss from one day having people on the property. She foresees traffic and parking in their neighborhood when it becomes known that a business is there. She wants the community to stay upkept and quiet. Darnes Davis a resident and owner for over 20 years came to the stand and stated that the community does have a declaration of covenats and restrictions. There are 82 well-kept homes and it is a quiet area with good parking. She mentions that the applicant has a wife and a daughter and that records can not be kept in the way he proposed. People can change and believe that they can get away with whatever they want to do. He should go by the covenant and bylaws. He may go against the rules. Terrance Hollis the applicant was called back to the stand for rebuttal. He stated that the documents would be locked in a cabinet that is not easily accessible. He contacted the HOA and got a letter from them. There will be no traffic, signs, or boards. He does have a wife and daughter. He is new to the neighborhood but wants to create something generational. Alicia Thompson the city attorney commented on the balance between HOA rules and local law. The Local Law subseeds HOA rules. Public Hearing was closed. Staff’s Decision- APPROVAL WITH CONDITIONS 1. Applicant must comply and remain in compliance with supplemental regulations in Section 4.2.31. - Home occupations and private educational uses; and 2. No city permit for the operation of the home occupation shall be transferable; will only be permitted for the owner/operator Terrance Hollis. SA23-034 Andrew Dunn of Vincent Home Improvement LLC 3248 Palm Tree Drive Applicant is seeking a Special Administrative Permit to use office space in home to operate their mobile air conditioning and heating unit repair business as a Type I Home Occupation Future land Use: Suburban Neighborhood (SN) Zoned- RSM Small Lot Residential Mix Letter of Intent and Floor Plan submitted by applicant- Page 6 of 11 This applicant was not present. His petition will be presented on November 21, 2023. SA23-035 Correggio Peagler of StratEx Transformation Sciences LLC 3457 Lionsgate Court Applicant is seeking a Special Administrative Permit to use office space in home to operate their Management Consulting Business as a Type I Home Occupation Future Land Use- Zoned- R-100 Residential Medium Lot Letter of Intent and Floor Plan submitted by applicant- Page 7 of 11 Correggio Peagler the applicant came to the stand. He stated that it is a management consultant business which will not have a discernable impact on the community. He has worked from home for three years due to COVID as an employee and is now a retired potential business owner. All client contact is at their location or via zoom. Public Hearing is opened. There was none to speak for or against the application. Public hearing was closed. Staff’s Decision- APPROVAL WITH CONDITIONS 1. Applicant must comply and remain in compliance with supplemental regulations in Section 4.2.31. - Home occupations and private educational uses; and 2. No city permit for the operation of the home occupation shall be transferable; will only be permitted for the owner/operator Correggio Peagler. SA23-036 Olivia Dixon of JMS 360 Photo Booths LLC 3201 Garden Glade Lane Applicant is seeking a Special Administrative Permit to use office space in home to operate their Photo Booth Rental Business as a Type I Home Occupation Future Land Use- Regional Center (RC) Page 8 of 11 Zoning- MR-1 Medium Density Residential Overlay District- Stonecrest Tier 2 Letter of Intent and Floor Plan submitted by applicant Oliva Dixon the applicant came to the stand and she stated that no business will be done at her home and that she will take the photo booths to her customers. Public Hearing is opened. Donna Writes a resident of the neighborhood came to the stand. She stated that she was concerned about the storage of the booths and if they will be visible. She also mentioned traffic and parking. Oliva Dixon came back the stand for rebuttal. She stated that due to HOA nothing can be visible outside of the homes and that the booths will not be visible. They will be stored in her garage and she will take them to the event and be the one to operate them while there. Public hearing is closed. Cobi Brown Planning Administrative Technician asks for clarification that they are not the box photobooths Page 9 of 11 Olivia Dixon the applicant confirmed that that was correct. Matthew Williams Deputy Director asked about the scale of the booths and how many she rents per week, day, or month. Oliva Dixon stated that she currently owns two booths, one being a photobooth and the other a spin booth, and that she has rented around two per month since she started operations Tre’Jon Singletary senior planner clarified that no customer/ clients can be at the homes of those operating a (Type 1) Home Occupation Staff’s Decision- APPROVAL WITH CONDITIONS 1. Applicant must comply and remain in compliance with supplemental regulations in Section 4.2.31. - Home occupations and private educational uses; and 2. No city permit for the operation of the home occupation shall be transferable; will only be permitted for the owner/operator Olivia Dixon. The Meeting ended at 6:49 pm Page 10 of 11 11 of 11