Planning Commission Regular Meeting

Tyrone Planning Commission Agenda January 28th, 2021 7:00 PM Planning Commission I. Call to Order David Nebergall II. Approval of Agenda Chairman Carl Schouw III. Approval of Minutes from December 10th, 2020 Commissioner IV. Appointments Dia Hunter Vice-Chairman 1. Appointment of the Chairman position for a term through December Jeff Duncan 31, 2021 Commissioner 2. Appointment of the Vice-Chairman position for a term through Scott Bousquet December 31, 2021 Commissioner V. Public Hearing Staff 1. The consideration of a petition from applicant Brian Selleck for the Phillip Trocquet rezoning of a 1-acre tract with parcel number 072604001 at property Town Planner address 1415 Senoia Road. The proposed rezoning is from C-1 (Downtown Commercial) to C-2 (Highway Commercial). Phillip Patrick Stough Trocquet, Town Planner Town Attorney 2. The consideration of a petition from applicant Brian Selleck for the rezoning of a 1-acre tract with parcel number 072604002 at property Meeting Information address 1425 Senoia Road. The proposed rezoning is from C-1 (Downtown Commercial) to C-2 (Highway Commercial). Phillip Trocquet, Town Planner 3. The consideration of a petition from applicant Anil Midha for the rezoning of a 1-acre tract with parcel number 07382604002 at property address 105 Howell Road. The proposed rezoning is from C- 2nd & 4th Thursday 1 (Downtown Commercial) to TCMU (Town-Center Mixed Use). of each month Phillip Trocquet, Town Planner 4. To consider an update and readoption of the Town of Tyrone’s official zoning map. 950 Senoia Road Tyrone, Ga 30290 770-487-4038 VI. New Business VII. Staff Comments VIII. Commission Comments IX. Adjournment  Town of Tyrone Planning Commission Meeting Minutes December 10th, 2020 7:00PM Present: Chairman, David Nebergall Vice-Chairman, Dia Hunter Commission Member, Jeff Duncan Commission Member, Carl Schouw Commission Member, Scot Bousquet Town Attorney, Patrick Stough Town Planner, Phillip Trocquet Commission Chair, Nebergall called the meeting to order. Approval of Agenda Chairman, Nebergall made a motion to approve the agenda. Commissioner Bousquet seconded the motion. Motion was approved 4-0. Vice-Chairman, Hunter made a motion to approve the September 10, 2020 minutes. Commissioner Schouw seconded the motion. Motion was approved 4-0. New Business 1. Consideration of rezoning petition RZ-2020-002 from applicant John Kaufman for the rezoning of a 1 acre tract with parcel number 0738036 at property address 993 Senoia Road from C-1 to Town Center Mixed Use (TCMU). Phillip Trocquet, Town Planner Mr. Trocquet started the conversation by stating that the rezoning would be for 993 Senoia Road as well as other addresses associated with the property. He stated that the petition appeared before the commission earlier in 2020, but was withdrawn due to some conflicts. He stated that the applicant was coming before the commission today to retry for rezoning with some of the conflicts resolved and in the process of being resolved. Trocquet stated that the applicant was coming before the commission with the intent of rezoning the one-acre tract to eliminate the existing non-conforming and illegal conditions present on the property. The stated intent was to construct an addition to the pre-existing main structure. He stated that a survey showed there were issues proceeding forward with the rezoning process. The survey and conceptual plat showed existing structures over the property line, conflicting with the Dollar General and CSX properties’ right of way. The structures being over the property line made them illegal, but the property owner did obtain legal easement from Dollar General for the building being on that property. He stated that they are currently working with CSX to obtain easement for the building encroaching on their right of way. Trocquet stated that the property owner did receive an official letterhead from CSX showing good faith, but that more legal documentation was needed granting them the right to be on CSX property. Trocquet stated that the process with CSX attorneys has been brought to the staff’s attention. Aside from these issues, the petition does not present an adverse effect to neighboring property owners and staff does recommend a conditional approval of this rezoning until the second easement is granted for the CSX property. Trocquet them recognized the neighboring property’s zoning as C1 and O&I. He stated that site improvements included water and multi-tenant commercial structures and that the property was one acre. Trocquet stated that in terms of compatibility, the rezoning petition to TCMU is consistent with the future development map and comprehensive plan. He stated that the TCMU zoning district was designed to be a district that would best facilitate the desired development pattern in the downtown area, specifically the town center. Mr. Trocquet continued to answer the rezoning compatibility questions listed in the Town’s ordinance: • Will Zoning permit suitable uses with surrounding properties? Yes, the uses allowed in TCMU are designed to be compatible with other commercial districts in the Town Center District (downtown) are. • Will Zoning adversely affect adjacent properties? No, TCMU's intensity should not adversely affect nearby properties in the C-1 district. • Does the property have reasonable economic use as currently zoned? Property is currently locked into a state of nonconformity with the current ordinance regulations of the C-1 district. Economic use is limited as a result of this nonconformity. • Would the proposed zoning result in a use which will or could be excessively burdensome on existing infrastructure? No, the intensity of TCMU is similar to C-1 and the Town is currently pursuing a development strategy downtown consistent with TCMU's development standards. Mr. Trocquet continued that this rezoning petition as presented is currently not fully compatible with the zoning ordinance. The structures circled in red on the attached survey are situated over property lines. These are considered illegal structures without legal easement granted to their placement. A legal easement has been given from the southern property owner (Dollar General) and staff has been made aware of efforts with CSX for legal easement on their R/W with productive communication already made (see attached letter). Staff recommends conditional approval of the rezoning with the stipulation that a 90-day reversionary clause be applied to give the owner an opportunity to resolve the remaining illegal zoning situations. If said illegal zoning situations are not resolved in the given time-frame, the Town Council will hold a public hearing to revert the property to its previous zoning of C-1. During this time, the property may not undergo any changes that would expand its C-1 nonconformity. He stated that staff does recommend approval with those conditions. Town Attorney Stough recommended that any conditions placed on the property needed to be specific about what is expected from the property owner. He also stated that nothing less than an easement from CSX giving the property owner the right to have buildings over the property line, similar to what they received from Dollar General, should be required. If the easement is cannot be obtained then steps should be taken so that the building is not interfering with the property line. If none of those things are done then the Town Council will come back in 90 days and determine an outcome. Commissioner Bousquet asked what the status of the CSX letter is if it is not considered an easement. Attorney Stough stated that because it is not a recorded document that gives the property owner the right to be there it is illegal for the building to be over the property line. Chairman Nebergall opened the floor for anyone who wished to speak in favor of the petition. No one spoke. Chairman Nebergall closed the public hearing for those in favor and opened the public hearing for those opposed to the petition. No one spoke. Chairman Nebergall then opened the floor to commission questions or comments. Vice-Chairman Hunter then stated that he had a question for staff regarding architectural requirements if the property was rezoned to TCMU. Town Planner Trocquet stated that there would be some architectural requirements if there were sufficient alterations of the pre-existing structure happening. He stated that it does depend on the nature of what the property owner is doing to expand in terms of expanding or renovating the structure. Commissioner Hunter asked if those architectural requirements would be something the commission would have to state if they were to approve the petition with conditions. Trocquet stated that the architectural requirements would happen by default if changes to the property were made. He stated that the property as it is situated is currently in the Town Center Overlay District, which has the architectural requirements being discussed. He stated that regardless of the property taking on a new zoning classification those architectural standards would apply universally so if anything were to happen, those conditions would apply. Commissioner Bousquet asked if any Town property buildings would have to also conform to the architectural requirements. Trocquet stated that as it stands now, it would be the same conditions that apply for the architectural overlay. Vice-Chairman Hunter then asked if the suites that were in question on the property that are about to be altered, if there is something stating that there is a certain material required on the frontage of the building, would the rest of the frontage of the building have to be changed as well. Trocquet stated that it depends on the percentage of the building that is altered. If there is a significant enough percentage of the building as a result of the alterations made then the rest of the building would have to be changed to fit that frontage change as well. Commissioner Hunter stated that his concern was not allowing the change to happen, but if it does happen, are they going to have something that looks very new with something that looks the same or older right next to it. Trocquet stated that an addition to a commercial structure goes through the Site Plan procedure and that the front of the building is taken into consideration during that process. Commission Bousquet asked about the modifications that would need to take place to the existing building to make it legal. He asked that once the building is modified, what standards are going to apply to that since it appears to be a stand-alone building. He went on to say that it would obviously have to conform to code standards inside and outside of the building. He asked how the permitting procedure would take place for any alternations made to the building. Trocquet stated that the permitting process for those types of alterations and changes are relatively small and would not necessarily come before the commission for approval, but that it would go through the building permitting process. Chairman Nebergall asked if those changes could be accomplished by the property owner while they were waiting on the easement from CSX or if the easement needed to come before changes could be made. Trocquet stated that there were certain items and structures that could be permitted from a construction standpoint to happen on the property. He stated that in general, anything that would not bring the property further into a state of non-conformity would fall into the category of work that would be permitted to continue. He gave the example of interior renovations, parking lot resurfacing, and septic tank maintenance, as the limit of what could be done while awaiting the CSX easement. He stated that the expansion of the building would not be permitted until the legal easement has been received from CSX. Commissioner Bousquet asked if there was any kind of time frame for receiving the easement from CSX and any alterations made to the building. Trocquet stated that the staff recommendation was a 90-day period to either receive a legal easement from CSX or to alter the structure so that it is no longer illegal. He stated that he has been in communication with the applicant who stated that they are approximately a month away from receiving a legal easement from CSX. Vice-Chairman Hunter asked Mr. Trocquet to remind him what would happen if the Town Council had to come back and revert the property to its previous zoning of C1. Is there going to be a time frame for the property owner to reapply for rezoning again. Mr. Trocquet stated that would come down to the Town ordinances that state there is a one year time period before reapplying for a rezoning. Mr. Trocquet stated that state law is a 6 month period, but the Town ordinance is a one year period. Chairman Nebergall then asked why the Town would want to rezone the property back even if there were no changes made considering a rezone is what is planned to be done in the future anyway. Trocquet stated that the reason the 90-day clause is a measure meant to ensure and incentivize compliance. He stated that the intention would be to bring the property back to its original state as the Town would not want to create an added layer of potential issues. Commissioner Hunter asked if the easement that the property owner would receive from CSX, would it apply to the property itself or it is applied to the owner of the property, so in the future if the owner decided to sell the property, does the easement become voided. Mr. Trocquet stated that the easement would be applied to the property no matter who owned it. Commissioner Duncan made a motion to approve the rezoning of 993 Senoia Road from C1 to TCMU, with staff conditions. He stated that the condition would be the legal easement from CSX or they can alter the structure that is over the property line. The condition would last 90 days starting December 10, 2020. Commissioner Hunter seconded the motion. The motion was approved 4-0 Staff Comments Town Planner Trocquet offered to answer questions about the LCI. He stated that the POND presentation was brought tonight for the Commission to look at. He stated that they were the Town’s choice for the LCI study. He stated that they did a great presentation and we are excited to start working with them. He also stated that on December 17th, the same day as the council public hearing for the rezoning, the LCI contract will be approved and they will get started almost immediately after that. He stated that the Town was a little behind the schedule that was planned, but are still within the regional commission’s schedule for starting the project. Trocquet stated that the first step in the process is public engagement. He stated that POND is working on creating a website and getting public engagement marketing materials. He stated that they were getting some interviews started with downtown business owners, residents, and elected officials as well. He stated that the first step is approximately 2-3 months, but there will be other public engagement activities scheduled throughout the entire year-long process. Commissioner Bousquet asked what POND would be providing throughout the process. Trocquet stated that the big items they are going to be providing are an existing conditions assessment of what is present downtown. He continued that they would conduct a walk audit of the entire downtown district. Trocquet stated that they would note infrastructure, right of way width, what buildings we have as a Town, and vacant lots during the first phase. The second phase is public engagement which will constitute some big public engagement events, COVID-19 permitting, and will also include online participation or online virtual engagement sessions as an alternative to in person one. He stated that POND will also perform market studies and analysis and look at absorption rates in the rental market for commercial and residential demand. The project will then go to the master plan with sign recommendations for some streetscaping plans, some elevation and cross sections for what the town needs to do with our right of way, multi-use path analysis, and different things like that. POND will also give some additional zoning ordinance recommendations because they are very important in terms of being able to guide and execute what the plan is going to come to. Commissioner Bousquet asked what the expectations were as far as when the project will be completed. Trocquet stated that the LCI plan process is a year-long process, approximately 10 months, so possible October or November of 2021 for completion. Trocquet stated that the town hopes to have a downtown development authority and the LCI will be the DDA’s guiding document. He stated that within approximately a year or so after the completion of the LCI, the DDA will hopefully have obtained some different grants. Commissioner Duncan asked how the progress on the sewer was going. Trocquet stated that the new deadline is the end of January 2021. He stated that the company hit some utility complications off of Commerce Drive. Trocquet stated that there were likely utility conduits that they hit and that they were unmarked, or it was incorrectly marked. He stated that there is a ton of utilities in the Commerce Drive right of way; most of it goes to a little utility outpost that is in front of the library as well as the cell tower that is behind the cemetery. Commissioner Hunter asked if the January deadline was for all phases of the project and Trocquet confirmed that everything for the phase from Commerce Drive going north should be done by January 2021. He stated that the second phase, from Commerce Drive to Castlewood Road, is going to be separate, but the company is going to continue working on that area. Commissioner Duncan asked if the Fayette County School System still wanted to re-open Tyrone Elementary and Trocquet stated that as far as he knew, yes, but COVID-19 may have impacted the changes in the school. Commissioner Bousquet asked what company was doing the utility work and Trocquet stated that he believed it was WOW, also known as New Link. Commissioner Hunter stated that he is always grateful that members of the Town Council show up to the Planning Commission meetings and that he wanted to acknowledge the newest council member, Billy Campbell. Adjournment Chairman Nebergall made a motion to adjourn. Motion was approved 4-0. The meeting adjourned at 7:34 pm. _______________________________ _________________________________ Chairman David Nebergall Phillip Trocquet, Town Planner Staff Report Town of Tyrone, Department of Planning & Zoning Phillip Trocquet, Planning & Zoning Coordinator 950 Senoia Road, Tyrone GA 30290 ptrocquet @tyrone.org (770) 487-4038 ex. 108 Date: January 28, 2021 DOCKET/CASE/APPLICATION NUMBER APPLICANT/PROPERTY OWNER RZ-2021-001 & RZ-2021-002 Applicant: Brian Selleck PLANNING COMMISSION MEETING DATE TOWN COUNCIL MEETING DATE ADDRESS/LOCATION January 28, 2021 February 4, 2021 1415 & 1425 Senoia Road Summary Applicant Brian Sellek has submitted a petition to rezone two of his properties located at 1415 and 1425 Senoia Road from C-1 (Downtown Commercial) to C-2 (Highway Commercial). The stated intent is to increase the flexibility of what can be done on the property. The surrounding area and business park has developed with a "light industrial" character although most of the properties are zoned C-1 and C-2. Millbrook Village Subdivision is located directly to the south, but the new zoning will still require a 75' buffer. Certain C-2 zoning uses also incur extra conditions when abutting residential districts designed to protect residential owners from potential nuisances. Staff recommends approval of both rezoning requests. MAP SOURCE: Fayette County Tax Assessor EXISTING ZONING EXISTING LAND USE SURROUNDING ZONING SITE IMPROVEMENTS SIZE OF PROPERTY C-1 (Downtown Commercial) & LAND USE 1415: Vacant Lot 1415: 1 Acre North: O-I Public Water 1425: Multi-tentant Commercial 1425: 1 Acre PROPOSED ZONING South: R-12 Multi-Tenant Commercial Structure East: C-1 & C-2 C-2 (Highway Commercial) West: C-1 COMPATIBILITY WITH FUTURE DEVELOPMENT MAP & COMPREHENSIVE PLAN PROPERTY HISTORY The petition to C-2 is consistent with the Future Development Map and Comprehensive plan. These None of record. properties lie within the Town's Commercial Corridor character area which permits C-2 Zoning. The property is also located in a business park with other C-2 Zoned properties. COMPATABILITY WITH ZONING ORDINANCE & IMPACT ASSESSMENT Will Zoning permit suitable uses with surrounding properties? Yes, the uses allowed in C-2 are compatible with the surrounding commercial properties. The residential properties to the south will retain protections from our ordinance including buffers and conditional uses. Will Zoning adversely affect adjacent properties? No, It is staff's opinion that this rezoning will not increase a negative impact on surrounding properties. More intense uses come with conditions and existing buffers will be left in place. Does the property have reasonable economic use as currently zoned? The property does have reasonable economic use as currently zoned, however other properties have been zoned C-2 within the business park in similar situations. Denying this rezoning would deny the applicant to economic opportunities enjoyed by others similarly situated. Would the proposed zoning result in a use which will or could be excessively burdensome on existing infrastructure? No, the intensity of C-2 uses, although higher than C-1, have been accommodated for in the development of the business park. Other developed and un-developed C-2 properties exist in the park with the intent that the present infrastructure could handle the park at a build-out scenario. STAFF RECOMMENDATION APPROVE WITH CONDITIONS APPROVE DENY  Fayette County, GA Created by: Town of Tyrone Planning Department 1415 & 1425 Senoia Road C-1 to C-2 Rezoning Request Overview Legend Parcels Addresses Roads 143 ft Date created: 1/21/2021 Last Data Uploaded: 1/21/2021 6:09:22 AM Developed by Legend Tyrone Zoning Districts Downtown Commercial (C-1) Highway Commercial (C-2) Conservation Residential 2 (CR-2) Conservation Residential 3 (CR-3) Office Institutional (O-I) Residential 1,200 s.f. min (R-12) Tyrone Tax Parcels 2018 Tyrone Roads (2020) Staff Report Town of Tyrone, Department of Planning & Zoning Phillip Trocquet, Planning & Zoning Coordinator Date: January 28th, 2021 950 Senoia Road, Tyrone GA 30290 ptrocquet @tyrone.org (770) 487-4038 ex. 108 DOCKET/CASE/APPLICATION NUMBER APPLICANT/PROPERTY OWNER RZ-2021-003 Anil Midha PLANNING COMMISSION MEETING DATE TOWN COUNCIL MEETING DATE ADDRESS/LOCATION January 28th, 2021 February 4th, 2021 105 Howell Road Summary Applicant Anil Midha has submitted a petition to rezone a .9 acre tract from C-1 (Downtown Commercial) to TCMU (Town Center Mixed Use). The expressed intent for this petition is to position the property for future development consistent with the goals of the Comprehensive Plan for the Town Center District. There is not currently a development plan or proposed project for the property. Staff Recommends Approval of this rezoning request. MAP SOURCE EXISTING ZONING EXISTING LAND USE SURROUNDING ZONING SITE IMPROVEMENTS SIZE OF PROPERTY C-1 & LAND USE Water .97 Acres Vacant Lot North: C-1 PROPOSED ZONING South: OS Sewer upon completion of line TCMU East: OS West: O-I COMPATIBILITY WITH FUTURE DEVELOPMENT MAP & COMPREHENSIVE PLAN PROPERTY HISTORY The petition to TCMU is consistent with the Future Development Map and Comprehensive plan. TCMU was designed to be a zoning district that would best facilitate the desired development pattern in the Downtown area. COMPATABILITY WITH ZONING ORDINANCE Will Zoning permit suitable uses with surrounding properties? Yes, the uses allowed in TCMU are designed to be compatible with other commercial districts in the Town Center District (downtown). Will Zoning adversely affect adjacent properties? No, TCMU's intensity should not adversely affect nearby properties in the C-1 district. Does the property have reasonable economic use as currently zoned? Property is severely restricted by C-1 setback requirements. Property is also below 1-acre which is not permitted in the C-1 district thereby leaving the property virtually un-buildable.TCMU setbacks are zero-lot line on the sides and significantly reduced towards the street. Would the proposed zoning result in a use which will or could be excessively burdensome on existing infrastructure? No, the intensity of TCMU is similar to C-1 and the Town is currently pursuing a development strategy downtown consistent with TCMU's development standards STAFF RECOMMENDATION APPROVE APPROVE WITH CONDITIONS DENY  Fayette County, GA Created by: Town of Tyrone Planning Department 105 Howell Rd. C-1 to TCMU Rezoning Request Overview Legend Parcels Addresses Roads 107 ft Legend Tyrone Zoning Districts Downtown Commercial (C-1) Office Institutional (O-I) Open Space (OS) Agricultural Residential (AR) Residential 1,200 s.f. min (R-12) Tyrone Tax Parcels 2018 Tyrone Roads (2020) Phillip Trocquet Town Planner Tyrone Planning & Zoning Department 950 Senoia Road Tyrone, GA 30290 (770) 487-4038 MEMORANDUM To: Mayor, Town Council, & Town Planning Commission From: Phillip Trocquet, Town planner Subject: Re-Adoption of the Town of Tyrone Official Zoning Map Date: 01/28/2021 A. Background: The Town was awarded ARC’s Community Development Assistance Project (CDAP) grant for the 2020 year. This service grant offered the Town professional GIS services to recreate the Town’s official zoning map in a GIS format. B. Summary: The recreation of the zoning layers in GIS has yielded staff the ability to update this map on a more frequent basis. It is staff’s recommendation that these updates ideally occur after every rezoning petition. Updates should happen quarterly at a minimum. Along with a new static PDF map, the CDAP project has also created a digital online version that can be accessed by the public. This map is interactive and has the ability to give users additional information as they click on a particular property. The online interactive map will be a tool, but the official zoning map will be the static PDF map accessible on the website and hung in the lobby of the Town Hall. C. Recommendation: Staff recommends approval to submit the new zoning map to Council. D. Attachments: Proposed Zoning Map Thank you, Phillip Trocquet, Town Planner Town of Tyrone | 950 Senoia Rd. Tyrone, GA 30290 Phone: (770) 487-4038 | Fax: (770) 487-4529 | www.tyrone.org Town of Tyrone Revised:_______________ Official Zoning Map Adopted: ______________ Legend Tyrone Zoning Districts Town Center Mixed Use (TCMU) Agricultural Residential (AR) Downtown Commercial (C-1) Highway Commercial (C-2) Community Mixed-Use (CMU) Conservation Residential 2 (CR-2) Conservation Residential 3 (CR-3) Duplex Residential (DR) Educational Institutional (E-I) SR-74 Quality Growth Corridor Overlay Limited Use Residential (LUR) Light Industrial (M-1) Heavy Industrial (M-2) Planned Industrial Park (PIP) Overlay Mobile Home Park (MHP) Office Institutional (O-I) Open Space (OS) Residential 1,800 s.f. min (R-18) Residential 1,200 s.f. min (R-12) Residential 2,000 s.f. min (R-20) Residential Multi-Family (RMF) Other Features Town Boundary Tyrone Roads (2020) Ponds & Lakes Tyrone Rail Streams and Creeks Supporting Documentation: Conflict of Interest Forms Rezoning Applications Warranty Deeds Petitions