ATHENS-CLARKE COUNTY PLANNING COMMISSION MINUTES January 7, :00 P.M. 120 W. Dougherty Street

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1 ATHENS-CLARKE COUNTY PLANNING COMMISSION MINUTES January 7, :00 P.M. 120 W. Dougherty Street MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Jim Anderson, Maxine Easom, David Finkel, Dave Hudgins, Hank Joiner, Alice Kinman (chair), Jeff Ritchey, Lucy Rowland, Jim Scanlon, and Jeff Scarbrough None Rick Cowick, Brad Griffin, Bryce Hix (Planning), and Jim Davis (Staff Attorney) GENERAL BUSINESS Ms. Kinman called the meeting to order at 7:00 p.m. 1. Introduction of Staff reports and all other documents submitted to the Planning Commission at the meeting into the official record. Ms. Rowland moved to introduce all reports and documents into the official record. Mr. Scarbrough seconded the motion, which passed unanimously. 2. Approval of December 10, 2015 Planning Commission meeting minutes. Ms. Rowland made a motion to approve. Mr. Scarbrough seconded the motion, which passed unanimously. 3. MACORTS Update and Public Comment. No report was given and no public comments were received. NEW BUSINESS 1. COLLEGE STATION RD & BARNETT SHOALS RD PD Type II Preliminary Planned Development Petitioner: The Kroger Company Owner: The Kroger Company; Dorado Realty Company; Athens LI LLC; Athens-Clarke County Unified Government Request: From C-G (Commercial-General) to C-G (PD) (Commercial-General, Planned Development) Tax ID: 182B 007B, 007C, 007L, 007R, 007T, 057, 058 Arahn Hawkins Discussion: Mr. Anderson asked if there is a proposed transition plan for the current shopping center tenants. Mr. Hawkins replied that Kroger will honor the current leases, but there have been no discussions with the current tenants thus far. The two proposed outlots will be available for their relocation. Mr. Finkel asked about proposed phasing. Mr. Hawkins replied that the first phase will be the K-Mart demolition and construction of the new grocery store. Phase 2 will be the demolition and reconstruction of the shops.

2 Mr. Finkel asked for the purpose of the transit stop waiver. Mr. Hawkins said that bus stops cause conflicts with delivery trucks and trash accumulation. Mr. Joiner asked if Kroger currently owns the shops. Mr. Hawkins replied that Kroger owns only the grocery store at this time. Ms. Rowland said that some of the waivers appear to be just for convenience instead of a need, such as the requested waiver of the requirement that 20% of the parking spaces have pervious surface. Mr. Scarbrough said that Kroger seems to always request tree waivers. A sidewalk should connect the shops and the grocery store. Mr. Joiner noted that there is no connection to the adjacent Zaxby s restaurant parcel. He has concerns with the requested property line buffer and tree canopy waivers. Mr. Joiner asked if there was a required time period for the phasing. Mr. Griffin replied that there is no sunset date. Mr. Anderson asked if any of the current access points are being removed. Mr. Hawkins replied that all of the current access points will be retained. Ms. Easom asked about access points for the adjacent Hibachi Grill. Mr. Hawkins and Mr. Griffin replied that access would remain in the front and rear of that parcel. Ms. Kinman said that she is concerned with the buffer for the adjacent residential development, and that more phasing information and justification for the waivers are needed. Mr. Joiner said that he liked the proposed fuel center location MACON HIGHWAY SUP Type II Special Use Permit Petitioner: Terry Stephens Owner: Stephens Storage, LLC Request: Amendment to Special Use in RM-1 (Mixed Density Residential) Tax ID: Mr. Hix presented the staff report with recommendations for approval of the requested sidewalk variance and approval with conditions for the Special Use Permit. Scott Haines Discussion: None Variance Motion: Ms. Rowland made a motion to recommend approval of the requested sidewalk variance. Mr. Hudgins seconded the motion, which passed unanimously. Special Use Motion: Ms. Rowland made a motion to recommend approval with the following 2

3 conditions: 1. The access drive shall meet Fire Department standards and support emergency vehicles. 2. Any improvements within the 25 State Waters buffer s hall obtain approval of the GA Environmental Protection Division (EPD) prior to permitting. 3. The existing gravel violation in the right-of-way shall be resolved prior to permitting. Mr. Scarbrough seconded the motion, which passed unanimously & 328 CARR STREET SUP Type I Special Use Permit Petitioner: Aaron Cirou & Ben McElhannon Owner: Aaron Cirou & Ben McElhannon Request: Special Use in RM-2, AZ2 (Mixed Density Residential, Airport Overlay) Tax ID: 172C3 A005 & 172C3 A006 Aaron Cirou, Chris Gazlay Discussion: Mr. Scarbrough questioned what the community was getting in exchange for the requested sidewalk variance. Mr. Griffin noted that the two existing houses will be protected with the binding site plan. Ms. Easom said that she does not support the sidewalk variance. She added that she wishes this type of project would not happen here. The historic area is being overwhelmed. Mr. Cirou replied that the request was due to the proximity to the UGA campus and downtown, and the RM zoning. Mr. Hudgins asked about the required extent of the sidewalk. Mr. Griffin replied that it is just required to be constructed across the frontage of the two subject parcels. Variance Motion: Ms. Rowland made a motion to recommend denial of the requested sidewalk variance. Ms. Easom seconded the motion, which passed unanimously. Special Use Motion: Mr. Joiner made a motion to recommend approval of the Special Use Permit with the following conditions: 1. Street frontage sidewalk shall be installed per ACC Transportation & Public Works Department standards. 2. The site plan shall denote the 50-foot future right-of-way (FROW) per Chapter 9-29 with the front building setback measured from the FROW line. 3. The five-foot additional future right-of-way (FROW) shall be dedicated to Athens-Clarke County per Chapter Either the parking space in front of the house at 324 Carr Street or one of the new proposed spaces in the rear of the house shall be removed to comply with the maximum number allowed. 5. All tree management ordinance standards shall be met. 3

4 6. The buildings shall meet the Georgia Power Company's Earth Cents for New Homes building standards. 7. Any lease or other conveyance of the premises is to contain the following message: This premise is located within the airport overlay district. Overhead air traffic will generate noise routinely. This noise may be an inconvenience to the residents of the premises. The tenants, by entering into this lease or purchase agreement, acknowledge and accept the existence of the airport overlay district and waive the right to complain about aircraft noise per ACC Zoning Ordinance The site plan shall denote topographic contours per Sec A Site plan Project Data note #5 shall be revised to fully denote the existing zoning as RM-2, AZ Site plan Project Data note #11 shall be revised to correct the airport overlay zone, which is AZ2 Larger than Utility Runway Nonprecision Approach Zone. Mr. Scanlon seconded the motion, which passed unanimously BAXTER STREET PD Type II Preliminary Planned Development Petitioner: The Kroger Company Owner: Gray, LLC Request: From C-G (Commercial-General) to C-G (PD) (Commercial-General, Planned Development) Tax ID: 122D3 A020A & 122D3 A020C Arahn Hawkins Discussion: Mr. Finkel said that the proposed use needs to be more walkable. This is not the highest and best use of the property. The Main Street Business Future Development designation does not support autocentric uses. Mr. Scanlon said that the proposal is not the best way to go for Baxter Street. The kiosk is still tiny. He would like to see something more substantial. Ms. Rowland said that the last Comprehensive Plan update called for Baxter Street to have buildings that create a streetscape, so she is not sure that this is the way to go. Other potential sites for this proposed use need to be looked at. Mr. Anderson said that the minimum floor area ratio (FAR) standard requires a good-sized building. The implication of the minimum FAR standard is that the community does not want a fuel center at this location. Mr. Joiner said that a larger building is needed and that the minimum FAR standard should be met. Mr. Ritchey said that the floor area ratio is the only issue. He likes the proposal since it will only improve the site; however, a bigger building would help. Mr. Scarbrough noted that the sanitary sewer easement limits the building frontage on Baxter Street. 4

5 Ms. Kinman said that she has a concern with the tiny building, which goes against the community vision and investment for Baxter Street. Discussion followed regarding the sanitary sewer and ACC landscape easements that limit building placement along the street frontage and the use of plaza area to increase the floor area ratio. Mr. Hawkins said that the proposed building is already as big as Kroger will construct it. Kroger is not in the convenience store business. 5. TEXT AMENDMENT Accessory buildings Mr. Griffin presented the draft text amendment. Paula Loniak Mr. Anderson suggested an allowance of 600 sf or 50% of the principal structure size. Mr. Ritchey said that he liked a 50% maximum and the 15-foot maximum breezeway standard. Mr. Finkel asked about the possibility of a tiny house. Mr. Griffin replied that it is not allowed under current codes. Mr. Joiner said that 50% is a good number, but would like to wait for workforce housing study results. Ms. Kinman said that tiny houses are accessory dwellings, not accessory structures. OTHER BUSINESS 1. Planning Commission Chair s Report: Ms. Kinman said that she had no report. 2. Planning Director s Report: Mr. Griffin reported that Blaine Williams had been named interim manager. 3. Miscellaneous announcements. None The meeting adjourned at 8:35 p.m. Alice Kinman Chair Brad Griffin Secretary 5