Planning Commission - Regular Meeting

Thank you. All right. Hi.

Welcome to the June 2nd meeting July July July 2nd, 2026 meeting of the commission. If you're watching this meeting on YouTube, you will find the agenda at dot com slash planning. For those of you here in person, there is a sign in sheet and copies of tonight's agenda on the table by the door. So, here's the process for the items on the agenda. 1st, staff will make a presentation. Then we move to public comment in support of the application. We allowed 10 minutes for the applicant to address the commission, followed by members of the public speaking in favor who received 3 minutes. After comments and support of the applications, we look the comments in opposition. All speakers received 3 minutes, but if you are here representing a specific interest group, such as a Homer's investigation, please let us know. So we may allocate appropriate amount of time. When addressing the commission, please provide your name address and the nature of your interest in the process. After public comment, the applicant, or their representative may request a 2 minute response. Please note the timer it will display a yellow light when you have 30 seconds left and a red light when your time has fired. Once we've heard from members of the public, the planning commission will discuss the item. We will not receive additional public comments unless there is a specific question to be addressed. Exhibits may be displayed by the applicants or public at the podium. Written correspondence received by noon yesterday has been forwarded to us as part of the public record. Any additional written materials to be placed into the record must be read during the public comment period. Please direct your comments not to the applicant and please refrain from applauding or cheering any of the speakers. And finally, please note this meeting is being broadcast live and our microphones are quite sensitive. Silence yourself. Silence. Silence. Silence. Silence. Silence. Silence. Silence. Silence. Silence. Silence.

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Okay, does anybody want to introduce staff reports and documents? All right, Matt, Sarah. All right. All those in favor. Meeting minutes from June. Are there any more approval questions? Okay, okay, thank you. All those in favor. I'm trying to make work.

Make no report.

Is there anybody here to comment on a make for. Items.

Thank you. Let's move to all business. I just number 11490 with David. Oh, wait. Yeah, yeah. Okay. Sorry before we jump in the 1st agenda item, I did want to propose to you all moving. Items 3, 4 and 5 on our old business or sorry I'm going to. As far as it's right, I just 3, 4 and 5 from our new business agenda to the top. Of that, so that's my side. All right. Uh, so, yeah, okay, we need to go now. Yes. Okay. Yeah.

So it's motion to pass.

Okay. Okay. All those in favor. All right, and so, so we will do our old business and then when we get some new business, we'll do. I don't speak to. Okay, so with that, let's start at 1490 with David.

I'm presenting the staff report for 1490 with Davis road. This is a reason number 2026. 0406 for 6. And this is a type 1 request to down zone the property from R25 to AR. This also requires a change to the future land use map. They're asking it to go from single family residential to rural. um the applicant states that this will allow preservation of the historic house and outbuildings it'll prevent future subdivision of property it'll allow for the construction of additional accessory structures and will permit occasional small-scale community events this is a 2025 aerial view of the property it's 9.4 acres in total. The surrounding area is predominantly residential with the exception of the Whit Davis Elementary School property just to the north. The request is still looking at the 2023 future land use map since it was submitted prior to the adoption of the new map. It's designated as single family residential currently, and they're asking for a rural designation. The current RS-25 zoning is in keeping with the surrounding residential, well, with the current residential use and with the surrounding residential neighborhoods. Rezoned to AR, as shown here, will create an isolated zoning district. There is a small stream and 75 foot riparian buffer on the northwest corner of the property. It's outside of the scope of the project. So the applicants are renovating the main residence in outbuildings of this historic farm with plans to build additional accessory structures in the future. The number and size of the existing accessory structures exceed the 1600 square foot minimum allowance. So it is considered legal, not conforming. Any additional accessory structures would not be allowed by right with the current zoning, unless they were granted a variance. It is still the applicant's intention to maintain the property as their primary residence. The AR zoning would allow them to construct the additional accessory structures and hold two special events each year using a temporary use permit. A rezone to AR will also allow any agricultural activities permitted by code on the property. So staff finds this project is partially compatible with the comprehensive plan. It does encourage the preservation and adaptive reuse of historic structures. It doesn't, however, cooperate with Clark County school district to support appropriate land uses for the adjacent for their adjacent properties. And it does not meet housing goals for increasing the supply or variety of housing. The future land use change. That future land use map change is not necessary for the preservation of the property or to allow the stated use as a primary residence. It also creates a, an isolated district. And the proposed residential use is allowed by right with the current zone and a rezone will also create an isolated district. Therefore staff is recommending denial. That concludes the separate work.

Now, you're from the public.

Okay, I'm ready.

Perfect.

Good evening planning commission. My name is Caitlin Kittle and I am the residential studio lead with SPG planners and engineers. Located at 1725 electric Avenue suite through 20 in walking school, Georgia. I am here on behalf of my clients. Mark, and then to present their request to reason their property at 1490 with Davis road from 25 to our agricultural residential. I would 1st, like to emphasize that this property will remain the bridal's primary residence, and it is not intended for any commercial use. The purpose of this rezoning request is to protect the land and preserve its significance as a family homestead. The property at 1490 with Davis road was the original homestead of the Dean family dating back to the early 1800s. It is believed to be 1 of the oldest remaining homesteads of its kind in Athens, Clark county. Shown here is an 1893 map of Athens-Clarke County, where the property is identified by the name Joel Dean, confirming its longstanding historical presence. Circled here, a little bit zoomed in, this is the exact location of 1490 with Davis Road. It has always been a cherished family home. As only the 3rd owners of the property, the profiles have developed close relationships with both the Dean and families. Both families support this reasoning request, because they recognize that a, our zoning will help preserve and protect this historic property for future generations. As you can see from the Dean family's memory drawing displayed here on the upper right hand corner compared with our proposed concept. The renovation is focused on preserving the properties, original character and landscape as much as possible. Our goal is to protect not only the historic home and its existing structures, but also the land itself. including the con orchard, open pastures, mature tree line and stream have defined this property for generations. The are approaching these renovations with great care. Thoughtfully restoring the home and outbuildings while reusing original materials wherever practical to honor the property's history. Given its unique legacy, it is appropriate for this parcel to stand out apart from the surrounding RS-25 properties. This homestead predates the Athens-Clarke County Planning Commission, the county's original current and future land use maps, and modern day zoning regulations. The goal is to preserve this homestead as a unified piece of pastoral land While ensuring the property continues to serve as a vibrant lived in family for generations to come. To reiterate this property will remain a single family primary residence under zoning. The rezoning request is not intended to change the use of the property, but rather to protect this historic homestead and preserve its remaining acreage. Because the property originally in the early 1800s, it is appropriate for it to differ from adjacent or as 25 parcels while remaining compatible as a single family residents with the surrounding residential neighborhood. Regarding compatibility with nearby with Davis elementary school, there is already a similar precedent within at the start county. W, our middle school is surrounded by numerous properties, many of which are less than 5 acres in size demonstrating that zoning can successfully coexist public schools and surrounding residential uses. Ultimately, this request is not about changing the character or use of the property. Is about protecting it and preserving a unique piece of Athens, Clark county history, allowing it to remain the family home. It has always been. Thank you for your time and consideration. My colleague Ed Lane will now provide additional information regarding the development potential of the property should it remain zoned RS-25. Thank you.

My name is Ed Lane with FPG Planners and Engineers, 1725 Electric Avenue. I want to join my colleague Caitlin in forcefully advocating for this reason. I just want to clarify a few things about what is being requested. I think there's some confusion before about what was being requested and what is and isn't. And so just want to hit on a few of those points 1st, staff. Mentioned the report and Caitlin just mentioned as well about 1 knock against. This is that a, or would be perhaps incompatible adjacent to the schools and that may be. So, but I wanted to point out that Bernie Harris coil, middle and elementary are all directly adjacent to. Barnett is is 100 yards from 1. all the others are directly adjacent. And when the elementary also, it's in Winterville, so there's a different zoning classification, but it's equivalent to an whether that is good or not. Y'all can debate that. My point is that. About a quarter of the schools have this this feature. But, but really, my, my larger point about they are is it's really just a low density residential zone. And so the entire reason that this request was made. Is to specifically preserve what it's been for a 100 years what the land use is predating our zoning classifications. And so I just want to take a quick look at what could happen to this property if it is not resolved. And let me jump around here because, you know, at the last meeting, many of the neighbors who spoke in opposition were very gracious in expressing their, their true concern, which was not necessarily with the, with the bread. All's are doing right now. They very much appreciate it. Their concern is what can happen 1020 years from now things that are out of the control that that is their true concern. And so with that door being open, I want to look at, okay, what could happen here if this is not rezoned? Well, this is under the existing zoning, and it requires, and I work with developers all the time, it's not a big deal to approach a neighbor and say, hey, here's a big check. We just need a 20-foot sliver of land. It makes no impact to you, but here's a big check. Can we have this? This now opens it up to 13 single-family homes. Lots, I think even more likely it would be if you look at the difference between these 2. The parcel assemblage right there below G, where the school is, that is what it is now. And that is what it could be by right with ours 25. And what I understood from staff and some of the discussion is, this is what we want. This is compatible with future land use and this is what we all believe should happen here. Now, if these were just random large parcels, I would 100% agree. This reason would have not applied for what makes this different is the historic nature of it. And that, in my mind, re, categorizes all of the analysis of the appropriate land use here. And that is what we're asking. So, I mean, in my mind, you have to be really creative to imagine how that would would cause less noise traffic lights, environmental impacts than the homestead that has been here for 100 years. And. Again, just about the nature of they are everything you see in green there. Is there a zone as demarcated? What is in red isn't as a parcel that happens to be exactly 10 acres. So, any little green parcel you see smaller than that. Is a part an AR parcel that is smaller now. I don't know about y'all, but would y'all say this area of town has no character? It's nonstop events and weddings and concerts and music and loud noise and all of that, or even higher traffic. I mean, this is probably one of the quieter areas of town. And so this is not an unusual parcel. And in the sense of it being a yard, it's less than 10. It's just unusual that it has this historic character. And so just to wrap up, if you've ever been near people who have caught in the historic preservation bug or get passionate about a project like that, what I've seen in my experience is they get very invested in it and they also want to make sure that that investment is protected in perpetuity. And that is all that this request has been about from the very beginning, is the Bridal's thinking, how do we protect this? that in perpetuity and a RS 25 does not reasonably seem to protect that whereas a R is a vehicle to protect that. And so that is why we're asking for your support tonight. And of course, welcome to answer any questions you may have. Thanks for your time.

Anybody here to speak in support of the application? Yeah.

Could you do me a favor before I start speaking your initial map that where you were using to point out the history of the staff report where it shows my law in the surrounding properties. Could you pull that up? Or maybe the. Oh, that works too. There you go. Good evening. Once again, my name is Mindy. We're all my husband, Mark and I are the owners. Our address is 1490 with Athens, Georgia, 306. 05. we're here again to make comment on our proposed project that we have going on. I want to start off by after I think both my representatives SPG did an excellent job conveying all the important parts and we've heard it before. So I want to start by asking you one thing. If I could ask you a question, the previous hearing about our request for rezoning, were any of you aware of our property and that it existed there? One person? You're in the majority or minority, I should say. That being said, I've had the opportunity to really talk a lot with Historic Athens and I enjoy a lot of what they do. I will notice that since moving here to Athens in this last year, I've watched 4 significant projects where it seems like ACC and Historic Athens really have a, they're not fast friends in some respects with that because their agendas seem a little bit different. And I see that ACC in general has had a tough time in the preservation of what I've seen. 3 of the projects I Was very supportive of historic Athens 1 of which I could see that maybe that was time for that to go. But anyhow, I just want to say that there are always exceptions to any rule. We do predate. We are next to an elementary school. An important part about that is what Davis elementary school was built in 1990. I'm curious. I could not find out myself at what point was our property rezone from what was had to have been rural agricultural to RS. And just using logic, I would think when that happened, that was to accommodate neighborhoods that developed on this family land. That's fine progress and whatnot. And I would also imagine that it came to accommodate with Davis elementary. I feel that this house has been there for many years side by side to an elementary living peacefully, no problems. And I have every intention for that to continue and to continue the history and the significance of this property. My main aspect in approaching this is to do exactly that, and in really pleasurable ways, be able to share this with the community. That is my hope. I think what Ed has said is very relevant, that I think once you get bitten by a preservation bug, you really want other people to see what you've done or appreciate it and enjoy it in some way, shape, or form. So that being said, I think that is the primary aspect of our requests with this, and I would like you to take that in consideration, and I appreciate the time speaking with you this evening.

Thank you. Anyone else in support you'd like to speak? Anybody else? I was here last time. Anybody else would like to? Would you like to say a word? For an SIP application.

Oh, just a minute. I'm just.

My name's James and I live at 150, Cedar Creek Drive. I think that's the largest neighborhood on the east side of town. At the last meeting, I couldn't hear anything that was being said. The microphone's not loud, so when I went home and looked at it online, there are a few things I'd like to address. First, comparing a 9-acre lot to the fairgrounds, which is over 90 acres. They can take 16,000 people. It's been there 50 something years. I think that should come off for your decision comparing it to that. A 1, a 1 residential house is not going to have more traffic than the neighborhood. So I think that should come off the board, especially with the school there. All they want to do is build this house. And I am a descendant of the deans. I just want to rebuild the house as close as I can to the original size and share it with people. And you would have thought they had a Blackboard business license where they've been treated. So I just think it should be fair. There are people that support them. Thank you.

Can I take a moment and make a quick announcement? If the driver of a Hyundai Santa Fe. Silver on the Santa Fe is here if you can move your car, we got a staff person's blocked in. And they're trying to just go home and if that, if that process there. Okay. Thank you. Thank you. Sorry.

Yeah. Anybody else here to speak in support of the application? You can come on up. And if you want to speak, come on up.

Hi, my name is Jennifer. I'm a good friend of Mindy. I moved here 4 or 5 years ago when the Bogart area. I feel like. I helped recruit her here. We met years ago. We both attended the university. Wanted to come back and retire here because we loved it so much. I just, I've been, this whole thing has been a little upsetting just because Mindy is the type of person that has gone into homes, some that needed a lot of care and she's renovated and saved homes. She's been on the tour of homes for For Christmas and previous times, she's done so much work and she's come here and found a historic home that she wants to say. And the reason she's doing this with applying for the reason is this is the best way to save it. She wants to preserve all the outbuildings. She wants to do everything properly, but a lot of time and money. And love in this house, and they want to be able to preserve now on. I think, unfortunately, from the previous meetings, it sounds like there's a lot of misinformation and distorted facts out there. I don't know if many of you remember that game of telephone where you'd sit in a circle and your teacher would whisper 1 thing and you'd go around the room. That's what's happened here. She's not planning a business. She's not applying for a business license. She's not growing and it's not an event. Then you there's no liberal license. None of this. This is a single family home. Everyone says primary residence, it's their only residence. They plan to live here, retire here and pass this on to their family to their children. And it's just been. I can say very upsetting to see how this is ballooned into this and. I just want y'all to take that into consideration that this is not their plan. They just want to live there and preserve as much as they can.

Anybody else to speak in support of the application. Okay, I'm Paul.

It's so solid. It's 1602 with Davis road. Very close to this side. In fact, it was my ancestors here. And wrote down on horseback from Virginia after the Revolutionary War to claim their land grant. And that's what we're celebrating Saturday and I love. The way they're saving the whole place. And I had a friend, a nurse friend that I work with that. Stop me recently and said that was probably the oldest house in Athens. I don't know if it's the oldest, but it's probably 1 of the oldest. and i love the fact they're saving the house and trying to save the history of it and uh i think it's a beautiful idea to have weddings there and i live very close to it and they're got the school in front of it and then david david lives over there and there's about five acres there and then i live further down but i mean I hear music all the time from the neighborhood next to me, Hunter's Ridge, and fireworks. I'm not complaining. It doesn't bother me. I don't think the noise will be that bad if you have occasional weddings. I just think it's a beautiful idea, and I'm all for it. I grew up there, and I remember when Witt Davis was a dirt road, and I have wonderful memories there. And I love that. Anyway, my ancestors helped free this country.

So thank you. Thank you. Anybody else to speak in support of the application? Okay. Hearing none. Is there anybody here to speak in opposition to the application? Y'all don't have to raise your hands. You can all come up.

Good evening. I hope everybody can hear me. I'm trying to speak nice and loudly. My name is Cass Hall and I live in Hunters Ridge. I'm here to ask you to deny the proposed rezoning of 1490 Davis road. I'm asking you to vote in agreement with the staff recommendation, which is to deny this rezoning. It creates isolation zoning and is not in line with Athens future land use by the company during the renovations, own admission zones are incompatible with the school. As you just heard from the gentleman before, just because it exists elsewhere doesn't mean we are about to do it to our school too. If it's not resumed, There are 30 more family homes that could be built, which would be a loss if the historic building is lost. Of course it is. If it is, however, resumed to AR, developers would turn this into something far more permissible and lenient and noisy than 13 single family dwellings. This is therefore not a good argument. The committee may recall that the last meeting regarding this property presented a petition From 58 local residents, very much against this rezoning. You should still have this in your records that 58 constituents are against this. I understand that this application has been revised to remove the special events, whether that language has simply been changed from even in consideration of the potential housing of events under a special use permit. So, even in consideration of the potential of hosting a small event as a temporary use under zoning. Now, I am not a lawyer, but I can read this is just semantics and these residents to wonder if the applicants are sidestepping rather than addressing the concerns that we have raised. I would like to remind the planning committee that at this last commission meeting that I discussed with you, I did present that petition. I knocked on 60 doors, the 6 residents I spoke to. 58 signed against it that means that 97 of the residents i asked did not want this rezoning to go ahead at the last meeting we also heard that there are other ways for the owners to address their goals without permanently rezoning the entire property they can explore variances legal solutions for existing structures or other options that do not place the burden of future uncertainty on surrounding residents They are re-zoning open to pathway for future developers to come in and create problems that our neighbourhoods do not need. I respect private property, I respect historic preservation and I respect the Bredals and I appreciate what they're trying to do and I respect their desire to find a path to move forward. But I also ask you, the planning committee, to respect the residents who live around this property and have to live with the consequences of the re-zoning long after this vote is taken. The surrounding neighborhood has spoken very clearly. 97% of the residents are against it. Please deny the rezoning the 1491 Davis road and keep it residential. Thank you.

There has been there has been a request for all of us to speak up as we're speaking.

Okay.

So just want to pass that on.

Well, speaking, okay, my name is Marilyn and I live on Tamarack drive and Waverly woods. And honestly, I don't know why we're taking up the commission's time today. I see you have a lot of items on the agenda and under the current status from what I understand. They can build a barn, they can also have accommodations for an elderly parent, which is something I can relate to enough to stand and have the horses. And the thing is, I'm sure they will restore it all lovingly. And I'm sure they will abide by all the requirements for historic preservation. But why do they need the extra permit? It seems like they're playing with words. It's sort of a semantic workaround. So they'll be able to do far more than this now and in the future. Honestly, do they think that members of the commission are going to see through this? It sure seems to me that the reason they're pursuing the result petition is they intend to request a special use permit at a later date. They still want to use the property for events. If they want to show up what they've done, I think that's great. And as they mentioned. They can share the house on the tour of homes. We have wonderful tours of homes and it can be shared that way. But once the rezone to AR occurs, our neighborhoods have far less protection from any kinds of intrusive activities on the property. So I appreciate it. I hope you'll take all that into consideration when you're making your decision. And thank you for your time.

Thank you. Anybody else to speak in opposition?

If you don't see me, I'm sure. I'm at Oak Meadow Drive and my property backs up to this property. And my problem is I'm thrilled with historic preservation. I've restored two historic homes to myself in the past, you know, and I'm thrilled to see what they're doing. And it sounds like it's going to be beautiful and wonderful. But it also sounds like a lot of what that will do, they can still do with the RS 25 designation. Just with either like special permits or variants or whatever and. My biggest concern is, and I've said this before none of us has promised tomorrow. And if this goes to, and something should happen, and some new owners come in, there's a lot that they could do that would really. not be good for our neighborhood and that type thing. So, again, I think what they're doing is wonderful, but I worry about the future. Thank you.

Good evening. My name is Brian Stone. I live at 106 Buckeye Branch in Athens, Georgia, in the old Lexington Gardens neighborhood. My back window is spaced directly out through the next neighborhood, directly where this proposed rezoned facility or site is going to be. I'm speaking in opposition to the rezoning tonight. I understand the owners have stated previously in tonight's meeting that they do not have plans to do more than a couple of events a year at the location. But as we talked about plans to change, I will share several years ago. My next door neighbor was had approval by the county to put a pool in the side yard between my house and my neighbor's house. At the time, the owner agreed to work with us. He lived there. He let us know when there was gonna be noise in the area or events going on. But then things changed. He moved out of state. The house became a 365 day a year short term rental. We dealt with nudity. Drug use noise. Profanity directed at my, my house, my son's bedroom window was about 20 feet away looking directly down to where the pool was. We'd actually go to the county commission. They changed the county ordinance based on what happened with that short term rental. Again, when it was put in, we're explained they work with us. They would let us know when their issues and noise to deal with that. And so I feel like. This is similar to this, as we mentioned before, we don't know what the future is going to hold. They could sell the property. They could change their plans for the property. And if we started having multiple events there, there'd be noise potential drunk drivers in our neighborhoods, other behavior in the surrounding neighborhoods there. And I think it also unnecessary amount of work on our potential public safety. If we had to make noise complaint calls to the Clark County police having to come out there frequently, it's happened with the situation with my next door neighbor. I strongly recommend not approving the reason. Thank you.

Anybody else to speak in opposition to the application.

Hello, my name is Kate Farrell. I live in the Waverly Woods neighborhood. Thank you for the opportunity to speak. I'm here to urge the commission to deny the amendment of the future land use map and the associated rezoning request. The future land use map is intended to consistent land use decisions. Amending it on a piecemeal basis weakens its value as a planning tool. And creating an isolated AR district through spot zoning here would set a poor precedent, especially when the property can achieve the applicant's primary stated goal to function as a residence under the existing RS-25 zoning. The applicants frame their rezoning request as necessary to protect the property from future subdivision, but ours 25 does not require subdivision. It only allows it if the owner or their heirs choose to pursue it. The applicants themselves state that limited frontage makes the property quote untenable for 25 development, which further weakens the subdivision as a justification for rezoning. Conservation easement is the more direct tool to achieve long term preservation goals. It can restrict future subdivision and development while allowing the property to remain privately owned and residential under its existing zoning as exemplified by nearby 450 Fallen Shoals Trail. The issue is not whether the owners can live on the property, preserve their existing structures, maintain open acreage, or even keep a limited number of horses. Those uses are allowable under the existing RS-25 zoning. The issue is event use flexibility that is incompatible with surrounding residential land uses And the current zoning event use appears to be the activity that the owners cannot achieve under and therefore the practical reason for this rezoning request. The revised application withdraws the special use permit request for a rural event facility, but still plans for quote, occasional small scale community engagement activities and small private events while leaving open the possibility for a future special use permit request. The applicants provide no binding details as to the nature frequency size timing or impact of these potential events, leaving open the possibility for uses that are disruptive to surrounding property owners. I'm very much in favor of historic preservation and appreciate the work that they're putting into the property, but using preservation to justify this zoning change creates event use flexibility. That's unavailable under 25 is. not i can't support that preservation can be accomplished through a conservation easement or by the owner's own decision not to subdivide to get their heirs to decide not to subdivide rezoning would attach expanded rights to the land in perpetuity and risk altering the residential character of the surrounding area for those reasons i respectfully ask that you recommend denial thank you thank you anybody else to speak in opposition

Good evening.

I'm Lira Rhodes. I live at 270 Great Oak Street. I'm part of Waverly Woods. I've lived there 32 years. Our neighborhood just celebrated our 50th anniversary. We're not newcomers. We've lived there a long time and we've enjoyed the neighborhood and participated in it to the point that the arborist comes out and looks at our trees and takes care of them. We like the nature. We like the quiet. We've lived there for a reason. And I take offense that we are part of gossip that would change a topic around. We didn't make up things when we started doing our research. We took it off of what was already published, what was already available to us. And we looked at the facts, we read and we looked at the laws and we do not support the zoning. Thank you.

Anybody else. Anybody else here to speak in opposition to the application.

Hello, my name is Jamie. I live at 188 dear tree drive in Waverly woods. We just built this house in 2023. We are retired from South Florida. We moved here being surrounded by millions and millions and millions of people. And we did not want that type of a retirement. And we, family is here. That's what brought us to this area. I've been coming to Athens over 40 years and we, This East side is just so quiet and so much a neighborhood and just so much more interaction between the neighbors and appreciating the value of living in a quiet space. And that's the 1 thing that I don't want to lose. I'm sure that what they're doing, I'm sure is absolutely gorgeous and will be beautiful. And I actually admire them for doing it. I'd love to take on a project like that, but I'm just afraid of the future. Just like Lyra mentioned and others have mentioned, I'm more worried about what can happen in the future that would change the dynamics of what we live in in that whole Jigley area. I'm opposed to it. Thank you.

Thank you. Anybody else to speak in opposition to the application? All right, hearing none, I would like to ask the applicant to come up and you can have 2 minutes to respond to anything.

Yes, just 3 points 1, just to clarify again, no special use was withdrawn. Nothing in our application was revised regarding the events. It is it has never been our application from from the very beginning. So, just to clarify on that. The 2nd, it is true that most of the primary goals of the could be achieved under 25, other than the preservation aspect. And just to give you an example example of why that's such a concern for them. And so, in order to bring the property to conforming use, we would have to use the, the word is that allows 3 lots off of a private drive. So, you'd have the drive there, and we would have to kind of get creative with the lot lines to chop off some of these historic structures to each meet code. So right now, that may be fine. But over time, that is now three different parcels. And as it sells, what are the odds that over time the person is going to want to buy all three? It's much more likely that a lot will get spun off. And then you have a shared drive with out of the family. Who knows what could happen there? So that is, again, why one AR parcel is preferred. The other, the final thing. If I have time just to read these, this is my understanding doing a comparison of just what is permitted outright in AR versus not permitted. Sale of products grown on site, equestrian facilities, wholesale nurseries, manufacturer of foods, temporary special events, and accessory dwelling units. With each of those uses, I think it is critical to consider the size of the AR parcel. So, for example, if you have a 200 acre AR parcel, that's a great nursery site. You could produce food, all sorts of those uses. But if you just look at how small that is, even the events, you know, how large of an event could you have there?

All right, so we'll take it on the side. Yeah.

As a general rule, I'm not in favor of down zoning. Because we need more housing in Athens. But I don't really have a problem with this application. The reason being that to help preserve and protect the property. As a single parcel, as it has been for a lot longer than we've had zoning in Athens. To preserve the, the landscape seems like a very good reason. This is a. Very unusual parcel, it's a special parcel and it's worth preserving. And interestingly, all of the neighbors seem to agree that it'd be great if it didn't significantly change. And, you know, there's real value in long term preservation here. The biggest objection that I've heard consistently from the commenters seem to be that Well, maybe later they'll apply for a special use permit and get it and start doing events. But, of course. That hasn't happened yet. And we don't have to trust that they're not gonna do it because it's something that would require coming before this body and going before the mayor and commission again, and where all of the neighbors could be heard and could make their case for why that's a bad idea. I wouldn't support a special use permit, I think on this parcel based on what I've heard thus far. So if the concern is about that later on, they might attempt to get a permit from the county that would allow them to do undesirable things, that's a process just like this one, where the neighbors could be heard, they could raise their objections, and it seems like not a reason to deny the current application. And the bottom line to me is that, as the applicant said at the end there, if they're forced to proceed under RS-25, but they want to build a cottage for an elderly parent and Other things like that, the only way to do that is to subdivide. The land, and I think even subdividing it to several different parcels. Is a change for the worse and so to the extent that this application helps them to preserve it in the way that they. They want to, you know, if anything, they're reducing the resale value of their parcel, which I think is a sign of their good faith and wanting to preserve it. So. I'm inclined to support the application.

I disagree a bit. I think that besides the fact of just creating kind of a unique spot, which I'm typically against, I have real concerns with switching to AR. Something like canopy cover goes to zero when we go to AR. So I'm definitely against that. I think that asking for variances would be a more appropriate way to get the extra buildings that they want. And I think that a conservation easement would conserve it. I also think it's their choice to divide it up. If their needs supersedes the desire to keep it as one parcel, then that's the property owner's decision that they're placing their needs above the historic preservation of the property. So, yeah, you know, I think that they can achieve, you know, they even stated that they can achieve everything they want with the RS zoning other than the preservation. But the preservation is definitely achievable through lots of other avenues. So, yeah, so I think that zoning into AR really has some, you know, environmental issues with the canopy and whatnot. And I just don't see that it's necessary to achieve their goals for the reason.

Go ahead, Alex.

I'm going to ask the same question to staff that I asked at the last meeting. With AR, what is the limit of farm animals that can be on that property? Pigs, cattle, that type of...

In the AR zone, there is no limitation on livestock. When it, whereas in ours, 25, there is. A, a certain number of head per acre. That would be allowed, I think it's 2 per acre.

So, okay. All right. So an unlimited basically number of. Animals could go there. That's their intention, but they are sticks with the property, not the owner. So that's that is 1 of my most major concerns. And that is 1 of my most 1 of the reasons you don't want to spot and they are in the middle of a neighborhood that. doesn't have hundreds of pigs or whatever for livestock. So that's a big concern. Another idea, and we've mentioned easements and things like that. Bruce, is it, if you don't mind me asking you again, a local historic landmark with the history of this property, which is pretty strong and impressive. Is this a property that an owner would go and. Ask for that and designate this as a local historic.

Local landmark designation would be something available to this property to pursue that.

It's available to pursue. That's that's the main thing. I don't know if it would. That offered pardon what protections for that offer. It would protect everything on that property.

So, let me so, yeah, what it would protect for exterior changes would be those resources that are considered contributing. To that designation, anything that is non contributing to the designation would also get a review, but it's a lower discretionary review. It doesn't mean that new things couldn't be built on the property. But there would be preservation commission review of those new buildings for compatibility with the existing. So, it wouldn't it wouldn't lock it down and say nothing could happen. It really is more of a design review function for compatibility with the history of.

So, just offering another avenue of protection, whether it's the right 1 or not, there are other directions we could go. Yeah, I had 1 other thought, but I think Matt sort of hit on that earlier.

So that's all. I'm a little confused because I am tending to you, Matt that. Although, you know, when we don't generally like doing a spot zoning, this is kind of unique. I feel like I need someone to clarify for me. I literally think the opposite of what the neighbors are saying is true when it comes to long term preservation, like. The designation. Runs with the land preserves the property and its size prevents the subdivision except, you know. Yeah, prevents the subdivision more or less the. Keeping the RS designation allows for subdivision. So, what am I missing?

I, you know, 1 of my main concerns facility, kind of like the worst case scenarios of either zoning, right? So kind of the worst case scenario presented if we leave it, it just gets divided up into different houses. Worst case scenario. A. R. clear cut it put in a pig farm. That seems way worse to me than building some houses because it is right next to a school and it's already around some houses. So, given that they have other avenues, I don't see why we should take the risk of having it turn into a pig farm.

This body has the ability to say yes to except for these 6 uses. We have the ability to do that. We have the ability to say. Um, actually, we do want to add some canopy requirements. I mean, there is a way. To do that, this is a really unique property, so it's not quite. I think it like, you know, I was looking at the permitted outright permitted uses. They all look sort of acceptable. Um. Things like community garden. Agriculture or single family dwellings, there's a list of special uses. If I live near this 1 of the special uses that I would want to go away is feed lots or slaughterhouses. I want no kennels. Those are the 2 that usually people don't like, like, there are some ways that we could. Recommend the zoning, the approval of the zoning request with some limitations or restrictions and I think it might be worth. At least considering and. I don't know if this body has the ability to to. Um, recommend conditions about canopy cover or recommend conditions about to maximize the. Livestock, um, you know, the for head livestock count or something. So I just think we need to remember that we do in unique cases, have the ability to come up with solutions that probably from an administrative standpoint are not awesome, but. It would be a way to provide the protection because I, I do think that. When people keep coming up and saying that the opens up this door. I think that opens up the door. Yeah.

Yeah, I mean, quite frankly, the idea that someone would buy 9 acres and put 500 cakes, they're surrounded by houses.

I've been saying like, this is kind of the worst case. Definitely. But I also see that, like, I mean, they can achieve everything they want through variances that they could ask for specifically instead of us trying to. You know, predict everything that could happen about this instead of just.

Why don't we just ask the applicant. I would like to ask anybody who wants to come up to talk about why this route compared to a conservation easement compared to a local designation, a landmark designation, why this route?

Let me address the variance route and then I'll defer to the owners for that. But on the variance one, it is just that with the AR, we're making one request that solves it all. And as they've recounted, it's been a painful process making this 1 request. So the thought of like, hey, why don't we just do this? Like, 3 or 4 times. You know, it just doesn't seem like the best way to go, but to to your other questions you want to.

Absolutely, I would tag along with what I just said. The process is the punishment. So the idea that I have to go through this for every variance and you're saying you're offering this as a solution is not necessarily viable because you could all disagree. People could come again. And I think what you said to your point was the most accurate. I think a lot of people are worried about woulda, coulda, shoulda, but things that seem preposterous to be happening on the land. I am more than in favor of having limitations on our, if you want to say, it's not, again, it's not an event center. That terminology came from ACC document and a staffer here At the planning department, put that overlay, we'd never asked for it. And that's where that has chugged along. I cannot promise anybody here about. I can tell you what I can promise is the here and now in the presence that I will despite Mr. Rogers not adequately preparing me for the people in my neighborhood be a good neighbor here and do the right things and be respectful. And even if you had like historic Athens, I'm sure there are limitations in place right now.

Okay, but what about the conservation easement? Why aren't you doing the conservation easement?

I don't know much about conservation easement.

That would be a good avenue.

I agree. But I'll tell you right now, what we're looking at it is the here and now for us. The expense of taking down those buildings, the loss of the historical structures, and the loss of flexibility of that. And I'll be quite frank with you. No one wants to tell the government, It's a tax benefit for us. It is expensive taxes and residential zoning. And has a little bit of a relief for that. This is an expensive endeavor. Okay, there's no loans coming to so no 1 has to worry about that. But I am fine with limitations and respectfully hoping to open it in limited waste community. But and again, I think someone touched on the word primary keeps being used as our residents. Y'all is our only house. There's no primary. It's our only residence. That's it. This is it. I'm more than happy to have any kind of limitation. That's a reasonable thing. Is there something else I can answer for you?

No, that's fine. I would say with that in mind, it sounds even more like this process is just a convenience for the applicant. I think there are lots of different avenues. This might be the easiest one, but it also does have risks. So if they want it, they can jump through the hoops. I'm okay with that. And it's just a convenience otherwise.

You know, I don't have vote in this, but I feel like it's a historic farm and they found the downside actually, like. We're keeping with the preservation of it, so. I do wonder how the school got there and how much of that. Bruce, I just have a question process.

Sarah alluded to.

the possibility of recommending approval with conditions such as a condition that the property shall meet the canopy requirements of RS-25. So, you know, rezone, but it has to meet the canopy requirements of RS-25. It has to meet the livestock head requirements of RS-25. Perhaps even the uses limited to residential or expressly just forbidding x y and z like kennels slaughterhouse feedlot and you know it's there are any of those problematic from perspective no okay can i make a motion i make a motion to approve recommend approval of the future land use it

Yeah, because there's 2 votes on this, right? Yeah. Yeah.

And the conditions would attach to the only the zoning. Right. Okay. So then I guess it's just a clean motion to approve the future land use. With the intent that I'll take a 2nd motion to approve the zoning with the conditions that I just mentioned. Okay, any other comments for the vote?

Okay. all right so taking a vote on uh motion to prove future land use uh we have beresford yes paul yes laflin yes pass use sam's no calabria yes and lord no

So that is two nays and five yeas. So vote carries.

Okay, I'll move to recommend approval of the requested rezone with the following conditions. One, the property shall meet the canopy requirements of RS-25. Two, the property shall meet the livestock limitations of RS-25. And we actually, can I ask a question of the applicant? Can I interrupt my own?

Okay.

Can I just ask the applicant a simple way to. Do it would be to recommend that the uses shall be limited to residential. I'm not sure if that's complicated from Bruce's. Perspective where the applicants I saw you shake your head. So maybe that's even more specific. okay so so then i won't do it that way so the two conditions i named a moment ago and then the third condition being that the uses shall be limited as follows they shall not include feedlot slaughterhouse or kennel is that covered chicken houses

Well, the livestock limitations would limit, so make sure you're getting everything.

I think that's sure you got everything.

That's that's my question.

I 2nd, right? Any other discussion else?

So I just want to make sure I'm clear. Um. And 1 reason I wanted to know the future land use was just like, I mean, it's just change and it didn't come with stipulations, but it couldn't come with it either. Um. This motion takes 1 of my concerns about lots and lots of bigs being out there. It's going to have to go so that that removes that brick wall. Yes. Okay, that's all that is basically all I'm listening. Sometimes.

friendly suggestion request. I did notice that in the use table. It includes sure. Yeah, it includes restaurant with some limitations around that. And um, Sorry, yeah, could we add that to the list of preferred uses? There's a use table called restaurant and bar and it's limited to. Sit down only no drive up take out. I think that in the spirit of what we're trying to do, a restaurant would be an incompatible use with.

Then the neighborhood, yeah, maybe a. Simpler way Bruce would. I think restaurant feed loss, slaughterhouse and kennel would all be commercial uses. Could it just be on the condition that no commercial use shall be permitted on the site? Would that not cover? Well, you can serve a chicken house for five.

No, no, I mean, the way the use table is organized, we have residential categories and then a list commercial categories in the list. So that would be specific enough. Okay. Okay.

Yeah. And it would it would forbid the 3 I mentioned before, but also restaurants and also anything else that we may not have noticed yet.

That's under because I also notice in the special use.

Portion can make it store my hesitation of changing it when we don't really have to.

Is that opening up a can of worms?

You want to restate that?

I will restate the 3rd condition of my motion because the uses shall be limited. And shall not include commercial uses.

I just want to make sure that kennel livestock limitations are always commercial. No, the livestock limitation was a different. Okay.

That's all. That's already.

Yes.

I feel like we're trying to. So, so Matt kennel exists outside of the commercial list. So, I just want to make sure wanting to prohibit that and we need to say that.

Okay, so shall not include commercial uses and shall not include panel.

I mean, and slaughter and feed feed lots of slaughterhouse. So, for you, because that's also outside of commercial list. Okay. So this is adding adding commercial uses takes takes care of all the other.

Okay. So the 3rd condition is. A restriction on use to prohibit feed lots slaughterhouse kennel, or any commercial use. That's right.

And you've got your homes. That would be yeah, that's what you want.

That need to be, that's not really in the spirit of.

Surrounding residential.

It might be. It's what we're creating on the fly. I think we should discuss it. We can discuss it. We have a very much.

I think that it is. Well, I mean, I want to put words in your mouth, Bruce, but it seems like. They used to be so specific that is easier to administer if. We explicitly is what needs to be private or do you feel all administratively? Like, yeah, no.

Okay. If if you want to own it in total, all the commercial uses in the table. Saying that is sufficient for staff to know how to administer that. The other things that you had listed previously were not in the list of uses. So that was the reason why I was playing.

Yes, so that that's my motion.

We want to read since I read it back to confirm. We got that. All right. Motion is to recommend approval of requested reason with the following conditions. 1 property shall meet canopy requirements of 25. 2 properties shall meet livestock limitations of 25. 3 uses shall be limited and shall not include kennel feed lots slaughterhouses or any commercial use. Yes, all right.

Do you want to have any other discussion?

So I changed my motion. I think I need a new 2nd.

Oh, 2nd. Okay. Got it.

All right, let's vote. Discussion. I always have a problem when we're just creating things on the fly like this, because I'm really less certain than ever now that you've covered everything that you should. Because, you know, as we're just sitting here, we're just like, pop, pop, pop, like we're all thinking of things. You know, tomorrow we can think of five more things we should have put on there. So, you know, I think in creating anything like this on the fly is just that, yeah, it's not good. I think it's unnecessary in this circumstance.

2 things the, I just remember. Would actually pop the end or something. Because what we're hearing out there. About it being a venue and all of that is just absolutely not our concern tonight as I understand. So. That hasn't happened once that it's not on record. There's nothing there. So it is that I do almost had me as a, as a yes on this and I'm still working on it. But I understand what Mike is saying as well. And if you know me at all, I like solid ice when I walk out on that pond. And it's just, it's almost. This is when something can slip through that we didn't think of so that that's a concern. I think it was a great. I really liked where this was going this motion, because it was taking care of all my little outside type of walls. And again, is somebody really going to. Buy that and put 350 not until they do. I mean, that probably not until they did, or they lease it out to people and things like that.

So we just never know.

Anyway, so I have to continue on with that. I think the motion was going in the right way. I am just still a little uncomfortable with. With where the thin ice might be that we didn't cover something and now we stuck something in the middle. Of an RS neighborhood that might be regrettable with a different owner.

And I would just like to add, this is bringing back as well just to convenience to the applicant really because they have avenues to do everything they want. There's nothing stopping them from achieving all these goals. So, all we're doing is just introducing an element of risk that is completely unnecessary. You know, everything going to be achieved.

Everybody can be no risk taken.

All we have to do is nothing. And just let it work through the process that it should work through, which is variances and conservation. It's like, we have tools available. You know, I think the fact that you know, what conservation easements really are just goes to show that this process hasn't necessarily been thought out as well as it should have been. Because conservation humans can do everything you want.

I disagree that there are other options to achieve the same thing. Yeah, there are. All right, I'm going to call for a vote. All right, do I need to repeat the motion again or are we good?

I think we're good.

Okay, beautiful.

Beresford? Yes. Paul?

Yes.

McLaughlin? Yes. Pass?

Yes.

Sams?

No.

Calabria? Yes. All right, 5, yes, 2 names. All right, so we are going to go to our next. Sorry, we're going to go to our next. I want to go to this so bad. All right. I don't remember 2 on all business. Just Robert.

Good evening. The following is a staff report for 1960 Barnett Shoals Road, special use permit 2026040648. This request has been before y'all before it was tabled at your meeting 2 months ago. The request is for the existing restaurant building on site to be demolished in order to create a commercial parking lot for the purpose of serving the adjacent restaurant on adjacent parcel. This is an aerial showing the location on Barnett Shoals Road. You can see there in the photograph the Burger King restaurant. As it currently stands, the request is to demolish this building and to use the parcel solely as a commercial parking lot in order to service the adjacent restaurant, the Chick-fil-A, which is right here to the north. It's great. This is the current future land use. There's no change requested as part of this spent views from it. This is the proposed zoning change. The zoning underlying zoning would remain the same. The only change would be adding this triangle here, which would indicate the special use permit for the commercial parking lot and a commercial general zone. This is the new proposed site plan, as you may recall from meeting a couple months ago, the original site plan provided by the applicant simply showed just a grass area here in the middle where the Burger King used to be. They have amended it somewhat to add some hedging along the edge here as well as some seating and some fencing along the sitting area down towards that down towards the Barnett Scholl side of the property. In staff's evaluation, through most all of the plans that Athens-Clarke County has produced, increasing the amount of surface parking lots is not something that is called for by any of the plans as passed by Athens-Clarke County. In general, staff finds that this is an automobile focused proposal, which can create a more unappealing community corridor. There's some partial compatibility with the future land use map staff has this application also was evaluated under the previous future land use map prior to the adoption of the 2045 map. And in general, and staff's evaluation, this is not a desirable change to add more service parking, especially to an area that has quite a lot of it already at the entire development. So, staff's recommendations for this proposal is denial. There are also some outstanding transportation and public works concerns as part of this request should denial not be the recommendation staff has also put in a few conditions or if if tabling again is the course of action here, but staff recommends. Some conditions here that would be helpful to address some code concerns specifically with tree islands, breaking up the 14 contiguous parking spaces as well as some changes to the water and sewer to be done at the owner's expense as and some circulation on site maintained as it currently is in a more fashion. So it's to some traffic issues. That that concludes the staff support.

Thank you. Now we'll hear from the applicant.

My name is Jason tool with here to represent Chick-fil-A 1st thing I think I need to do is we did bring an amended site plan to address some of the staff's concerns. So, I think, I guess I have to add or have that.

So, y'all, I need a motion to record. Okay. For a 2nd, Alex. All right. All those in favor.

All right, thank you. So real quick. So a couple of things. Staff giving their presentation a few things that he's mentioned was 1, not supporting an increase of surface parking lot. Just want to point out. We're not increasing parking that the parking is there. We're actually increasing it. We're going to be removing some of the parking spaces and providing more green space. So there'll be less parking on the Burger King lot than there is today. Also, we'll be requesting to be able to remove the building, which would also be more green space as well. I guess I have control of this, right? So, like I said, as you can see there, there's already the parking there, the buildings there, there's already impervious surface there. We're proposing to remove the majority of that. Um. I have, you know, we've already stated what we're here to ask. We're asking for the request to be able to remove the bird being from the bird can build over from site. This is the demo plan. So it's just showing what area of the site would be impacted. 1 thing of the 3 conditions that were mentioned by staff. There were number 1 was the tree island to break up the 14. Contiguous parking spaces that is right there on the right side. Not sure exactly how to use the pointer on this, but on the right side, the green button. Okay. Perfect. Right there. So we will be adding a parking space. So this is a demo plan showing where we'd be removing that parking space and adding in an island per staff request. The 2nd item is. Water and sewer services for the existing building to be removed must be capped at the at the mains. That is also in the revised plans that we just submitted. It calls that out that they must be done as part of construction. And then the last item was that. Well, actually, there were 2 different conditions, different places. So there may be 4 total. 1 was the closed driveway to the adjacent restaurant parcel shall be maintained. Not to speak for staff, but I believe that's talking about the access on the right side of Chick-fil-A. That goes out to the right that they are temporarily closing off right now. Chick-fil-A is okay with that being conditioned to keep that closed off. They think their lot functions better without it. But then also in staff's presentation right then they mentioned. The transportation group having some issues with the existing driveways on this lot. So. And as part of the last meeting, when we were here, they asked for this driveway right here to be more channelized so that it would be a ride out only and people could not make a left out. That is another thing we had already made some revisions to it. So the 1 y'all had prior to tonight had that. But 1 of the staff's final comments, I asked us, could we reduce that radius a little bit more? And push this verb out just a little bit more right there to a 3 foot radius. I think we were showing a 5. so this revised plan reduces that to the 3 foot as requested as well. So, I believe that answers most everything we did get in the staff report. There was 1. Comment from the community that came in and it basically mentioned that. You know, it says, you know, they hope you vote against it, but if you don't, they ask that it be a more community oriented use of space. To create a more family friendly people friendly spot in this location, like playground or seating for guests. So that was. Moving to our next slide. So this is the proposed site plan. So we are proposing now outdoor seating that people could use. They could get their meal, go over, sit there and eat. I know last time I was here, there was some concerns about either fencing or something to prevent this. My recollection from that meeting was everybody kind of agreed a hedge would be better as a chance could be not the prettiest thing to be out there. So we are proposing a hedge as protection that goes all the way around the lot. And then I believe that those were the conditions. So to talk about adding seating, make that a write out only and then a page or something to protect if there are kids or anybody out there in that grass area playing. So. And with that, I'm happy to answer questions.

I just want to acknowledge I didn't recognize we had 2 printed sheets. So you all do not have everything in front of you. That's my, that's my error.

Sorry. And that was the 2 I went over the demo and the side. So the demo just shows the removal of the pavement for the areas and the side shows, but it would be going back.

Yeah, we're all mixed up. Yeah, I think we got we got switch. I have some.

I apologize. You need this. You guys have both.

You're good.

You're set.

Thanks. Yeah, of course.

All right, good. All right. Yeah, I'm good.

I mean, yeah. Unless you have any questions, I'm good.

All right, thank you.

Thank you.

All right, now we will hear from anybody in support of the application. Anybody here speak in support? Anybody here to speak in opposition to the application.

Okay, hearing none. Sorry, this question.

Yeah, I think this looks good to me addresses all of your concerns that we talked about the last time we saw it. As a matter of procedure, Bruce, the 3 things listed on the staff report at the end of Roman and roll 1 and it's Alex tree island and the water and server gap and then those drive by way. I take it from the applicant. Those have been addressed in the revised site plan. So, are those things that staff feels would. Either require table, or would need to be conditions on a motion to approve or anything like that, or they settled that.

What was presented does address staff's concerns. I was. Getting confirmation from transportation, public work staff during the presentation. So, if to recognize that. Need to refer to the exhibit that was. Submitted during the course of the meeting and recognizing that it addresses the staff concerns. In the staff report, and then just moving forward with that as a condition of approval that you're using the amended. Information that the site plan presented this evening, rather than what came in the application.

Okay.

Do you have a discussion or do you want to make a motion?

Go for it. Okay, I moved to approve.

For a special use permit and note for the record that. We will present it a revised site plan at tonight's meeting and that the motion is. Based on that site.

You have a discussion before I go to vote.

Alex, sorry.

Okay, I do have a question just because I don't know the answer to this. Is there a sunset on a special use permit?

Oh, wait, yes, there is 5 years. Sorry. Yes.

Is that generally true or just for a certain spot?

No, that's special use.

You seem like churches come in and stuff to read either.

All right, let's vote. All right, yes, Paul.

Yes.

Yes.

Sam's yes.

No, no. All right, we've got 5 days to maze areas.

um next up 357 south millage avenue this is um a special use permit request 2026-04-0653 This request was originally scheduled for the May planning commission meeting, but was tabled by the applicant prior to being heard. So this is the 1st time this request is being heard by this board despite being on cold business. The request is a special use approval for a fraternity. Uh, the proposal would be for a 17,709 square foot facility, uh, fraternity structure, um, after the proposed, uh, 11,924 square addition. Uh, there would be 24 bedrooms and the fraternity allowing for 56 residents on the site. There are 2 waivers included in this request a reduction in the parking lot screening from 10 feet to 6. And a reduction in the parking count from 93 spaces to 33 spaces on site and 30 spaces off site. The properties on the East side of millage avenues, it is between what Dell and Henderson at the rear of the property. It is along Harris street. The feature land use is mixed density residential and that would not be changing with this request. The property has commercial office zoning. It is also within the knowledge Avenue overlay. Those things would remain, but especially use would be added. The zoning of the property. The structure existing on the lot was built in 1905. it currently has 6,353 square feet. 5,785 of those would remain with an addition of 11,924 to get to the proposed full size of the community structure. The parking lot, there's a parking area existing at the rear of the property parking would remain at the rear of the property. This is a roof plan for the proposed structure. The darker area that you see towards the bottom is the existing areas of the house and that would remain in place. And then the lighter areas towards the top are what is the new construction that is. Looking at that on the overall site plan, the parking is remaining at the rear of the property. It would be reconfigured so that there would be a 1 way traffic flow using mostly angled. Parking spaces. Um, 33 sites, parking spaces on site, there would be 30 off site. Spaces, those are currently proposed to be provided by the adjacent property to the north. Elevations of the proposed design, I seen from the front, the rear and then an oblique image. This design has been to a concept review with our historic preservation commission. The project would have to go through review for an actual certificate of appropriateness. And so there could be changes involved with any sort of approval that came through that board from precisely what you're seeing here. The staff recommendation is. finding that the proposed paternity use is compatible with the 2023 comprehensive plan. It provides infill and redevelopment, preservation and adaptive reuse of an existing structure with historic value, that it's compatible with the future land use map, the zoning map, the ordinance, and staff can support the reduction in the parking screening buffer from 10 feet to six feet. However, staff does not support the reduction in the parking count from 93 spaces to 33 spaces on site and 30. Offsite spaces for this reason staff is recommending denial of the request. However, staff would like to make. A further recommendation that if approval is to be granted that consideration be given to a condition of approval that the final building design be governed by the decision of the historic preservation commission, just to prevent any sort of a back and forth in order to get a common design approval from what is bound by the special use approval and what the historic preservation commission sees. Um, this completes the staff.

Thank you. Now, we'll hear from the.

Hi, good evening. My name is Katrina Evans with any architecture working alongside dovetail civil design. Mason spinks in the back. Mason can address any of your site concerns. I'll tackle the building. And really, I want to talk about parking calculations this evening. So, as you, I'm sure know. For this use, ACC parking has two options, and we're obligated to meet the greater of those two. The first method is square footed. And if we utilize that based on the project size, we would, excuse me, provide 59 spaces. The other option is the assembly option, which leads to the number in the staff report 93. But it's important to clarify that the zoning ordinance defines assembly as, quote, all heated floor space not dictated, or sorry, dedicated to bedrooms, kitchens, bathroom, utility room, or similar. So that means corridors, foyers, study rooms, and other common areas are all calculated in the 93 spaces. It also assumes that every assembly area is occupied at the same time and that 1 out of every 3 folks crammed in those corridors must have a parking space. And it's really our opinion that it's excessive, unrealistic and the zoning ordinance. The definition in the zoning ordinance just is grossly different than what building code uses, which would really only qualify the chapter room as an assembly space. And if we were using that, that that calculation would lead to 38 spaces. If this was a fraternity, it was last used 20 years ago, where did they park? In the back, on the dirt, apparently. But it's important to note that the other Greek houses in the area are not meeting this parking burden. So Alpha Gamma Delta, Baxter and Milledge, they have 22,000, over 22,000 square feet. They have 40 free spaces. Delta Phi Epsilon essentially across the street has 13,000 square feet and change. They have 25 spaces. Delta Sigma down the street, they win. I think they have like eight legal spaces and 9,000 square feet. And they're functioning. They probably don't have an off street parking agreement. And I think it's okay to assume that parking can be a privilege. Like everyone doesn't have to have a parking space And students are going to survive this. This project is geographically gifted. It's literally half a mile from actual classrooms closer to the worms where some of the members live. There's 2 transit stops exceptionally close. We have clinical bike storage and. Um, I think it's kind of interesting. The previous project was asking for more. We're asking for less life without a car is fine for these students for a lot of people. And I think a nudge. To using other transportation, but it's fine. Um, the project, the building is in rough shape. And I'm hoping that parking doesn't really sink this project because it's. It's going to fall under further just repair and. Demolition by neglect is a real possibility. I'm going to let the guys talk a little bit, and they can get into nuts and bolts on how they met with the neighborhood transportation patterns and by the post parking supplies adequate.

Good afternoon, everyone. My name is Charlie Nelson. I am a rising senior at the University of Georgia, majoring in management information systems. My current address is 290B Pinecube Drive, Athens, Georgia, 30606, right past the connector. And I currently serve as president of our fraternity. On behalf of BYX, I want to thank you all for your time today. BYX is a national dry Christian fraternity that exists to glorify God and raise up a generation of Christlike men. Previously, we had the opportunity to occupy 990 South Miller's Avenue for 4 years, which greatly expanded our ability to reach new members and serve our community. Additionally, this time in 990 gave us a tremendous experience in what it takes to steward a 100 plus year old property. Well. In a way that respects our neighbors and meets the needs of our residents. This is backed by all of our community partners, many of whom submitted letters in support of our project. I'm going to turn it over to trip Allen or current housing board chairman to address some of the more specific staff concerns.

Good evening, my name is trip Allen, and I live at 113 garden lane, Athens, Georgia, 306 of 6. I have the pleasure of serving as the housing board chairman of pie chapter at the University of Georgia, and I previously served as chapter chapter officer, formerly. I want to focus my comments on 2 things. 1st, the efforts that has already made to be a responsible neighbor and 2nd, the structure we have in place to make sure our parking plan and house rules are actually followed. We understand that the main concern raised by staff is whether our proposed parking policy can be enforced in real life. BOX has not approached this process casually. In preparation for today, we hosted a restoration roundtable at Ms. Peggy Gallis' home at 177 Henderson Avenue to hear from neighbors about the future of 357 South Mildred Avenue. We were able to successfully integrate requests from that evening into our plan, including low intensity lighting in the parking lot and left turn only out of our lots. We've taken other opportunities for feedback and dialogue because we know this house does not exist in isolation. It sits in a beautiful historic neighborhood and on a corridor that matters to Athens. We have been thrilled by the warm reception we have received from our neighbors, and we look forward to continue building a relationship that is both respectable and accountable. For parking specifically, we've already made several concrete commitments. Every resident will have access to a parking space, either onsite or in the adjacent offsite lot at the Butler Building. Non-resident members will not be allowed to park at the house. For chapter meetings and larger events, non-resident members will be required to use nearby UGA parking lots, walking, biking, carpooling, or the Milledge Avenue bus system. Another important point is that our largest regular weekly event. Does not happen on Monday night, like many other Greek organizations at the University of Georgia. Our chapter meetings are on Sundays at 6. PM. That matters because our highest, because it means our highest weekly traffic demand is offset from the normal peak. For Greek, like Greek, Greek life activity on. It also means nearby lots are available for members of park at. Without creating the same conflict with weekday campus parking or Monday night traffic. But I also understand that a written parking plan only matters if there is real enforcement structure behind it. That is where BYX is different from other organizations that staff has referenced. Our housing board is not a symbolic structure. It is a working group with defined responsibilities over the chapter house and our property. The board includes a chairman, myself, an auditor, the facility director, maintenance director, and neighborhood relationship director. Each of these roles plays an important part in the board's purpose to steward and protect the house, manage operations, and maintain accountability among our members. Our house rules, which are included in our submission, already give the housing board and officer the authority over parking assignments, event approval, neighborhood conduct, and enforcement. Parking is only permitted in designated spaces assigned by the housing board. Non-residents are prohibited from parking at the chapter house unless they have approval and notification is given to the facility director. Members are also prohibited from parking in nearby restricted or permit only areas blocking driveways parking near yellow or red curbs or creating traffic and noise problems around the property. We have a discipline system that also backs this up. Violations will result 1st in a written warning, then monetary fines, suspension of an active status towing at the members expense replication. Sign parking loss of rights into the housing agreement or other discipline through the chapter. In other words, if a member does not follow parking policy, we have practical tools to respond within the fraternity structure. We also have accountability beyond just student leadership. The BOAX national office has significant authority within our structure. We want to emphasize that this is not just a promise from a group of students who will one day graduate and move on. Two of our alumni have already now worked for the national office and our national organization has been closely involved in helping us pursue this project responsibly. That gives us continuity, institutional memory, and support beyond one officer term or one school year. I also want to be respectful of the concern from transportation and public works. We understand why staff would be cautious. There are organizations that have not followed these parking rules well, and we understand that those experiences shape how proposals like this one are viewed. BOX wholeheartedly supports enforcement of the laws and codes about this park. We are asking to be evaluated based on our structure, rules, commitment, and track record. As Charlie said, we have lived on Milledge Avenue before. We have shown that we can care for historic property, communicate with neighbors, and hold our members accountable. The difference here is that we are not asking the county simply to trust good intentions. We're presenting a parking plan backed by assigned responsibility, written rules, defined enforcement, national support, and a leadership structure built specifically to manage the house. For those reasons, we believe this parking plan is practical enforceable and consistent with the positive use of this property. We respectfully ask for your support for this request. Thank you.

Thank you. Is there anyone here to speak in support of the application?

Good evening everyone.

I'm Gary Birch. My wife and I live at 228 Henderson Avenue. Our back property line will be about 100 feet from the property line of the applicant. In between is a sorority.

Alpha fee, they moved into the neighborhood about 5 years ago.

We went through this similar process with them. So. I'd like to rise in favor. The special use permit. Has been indicated this property has been a nice or. disintegrating for decades now. And I applaud these young men, the architects, and those involved for saving it. This is important. We believe in historic preservation being part of the Henderson Historic District. And I agree with their Uh, parking plan and the comments that you've just heard. Both for the fraternity members and from the architect. I, I think they can easily resolve these parking issues. 1 of the great things that my wife and I. Appreciate in the neighborhood is young people are walking these days and, you know, to see these students walking by our house. Harris Street, Henderson Avenue every day and using less cars, less parking, more Milledge Avenue bus and more muscles. This is a wonderful thing to observe. Some in our neighborhood have expressed concerns about the noise. This is not an issue on the agenda tonight. But I'll tell you, my wife and I, we enjoy it. And I don't think that's going to be a problem. There's also concern about increased traffic. But as I've indicated, More of the students are walking these days and using the bus. And when they're not going too fast, I get out with a cane and they usually listen to me. And if there are any concerns, I think they're far outweighed by the positive vibes, the good things that these young people are bringing to our neighborhood. I never heard of before they came to our neighborhood and sat down at house. These are a great young man. They're serious about what they are proposing to us and we'd be delighted to have them.

Thank you. Anybody else in support of the application. Anybody to speak in opposition to the application.

Okay, hearing us, we'll take it to our side of the fence. Who wants to start?

Okay, no, no, you go for it. No, that's okay.

The pause went on for too long.

No, I noticed somebody jumping.

So, you got.

All right reluctantly, I will proceed. So. The. One of my bugaboos is that I think our parking code. Requires too much parking for certain uses for a lot of uses. And, you know, as the applicant said. Our code says, based on the residential use of with 54 or 56 students living here, they would be required to have 59 spots and they exceed that number. And. It's only based on the assembly use where which the formula we use is that. For 4173 square feet of assembly space, they could theoretically have assemblies with 278 people at them, which would within the limits of the fire marshals. That's the max number of people they'd be allowed to have. At any time, and the assumption is that. There's 1 car for every 3 people at an assembly. So that's 93 cars for 278 people. And that seems crazy to me. I think that, you know. There are certain uses. where our parking code not only requires too much, but maybe shouldn't require any. And one of them is bars. I don't think we should encourage people to drive to bars. I don't think we should require parking at bars, take an Uber. And I would say the same about fraternities. I understand these gentlemen said that this is a dry Christian fraternity. And so, but just as a general matter, I don't think that fraternities as assembly spaces Need to have 1 parking space for every 3 people because in my day, you know, when I was in college, I wasn't in a fraternity, but. I've been to parties and I didn't drive. Because my activities at the party were inconsistent with driving and and I think that we should not. require enormous amounts of parking for bars or for fraternity greek houses generally particularly for assembly and so they meet the formula in our own code for the residential use and that's as much as i think that we ought to impose we didn't even have when i was in college you know but so much less a really good bus system so There are other ways that people can and do get around, particularly when they are assembling at fraternities. And so just as a general rule, I don't think I'm ever going to vote to require. As much parking as our code suggests that fraternities or bars should have. For assembly usage. And that's true not, you know, as a general matter, but also as the applicant notice, most of the other Greek houses on village have much less parking and seem to function. All right. So. That's my thought on parking. The only other thing I wanted to say is that this is a great location for a fraternity. It's right between a sorority and an office building. It's a historic, very grand house on village. When my kids were at Clark central high school, not that many years ago, every time I drove out of the parking lot, I. Looked across the street at this house and felt sad that it was disintegrating and had holes in the roof and and. The fact that it was boarded up for 20 years indicates that no other use is going to happen here. And so all the more reason why I think the preservation of this brand structure and adaptive reuse. Requires that we relax. Our parking code to facilitate the restoration. So I would be in favor of. Granting a special use permit and giving them the waiver for the parking.

I agree with everything you said. I think that we do require a little bit too much parking. And just to hit on some of the specifics of this property, I think it is a bit unique. It's long and skinny. There's not a ton of room for parking. Some of the neighboring lots might be larger. And there's a huge parking lot right next door to it that always, on the satellite image we saw, it seems to never be very full. So I don't feel like parking is going to be a problem there. I don't think we should let parking You kind of think this project that will preserve a nice historic structure. So I'm in favor of this as well.

Question for staff, so, since. Like, half of their parking, their reduced parking is still off site. How do you.

Deal with that, so they would provide our lease. Yes, there will be an offsite parking agreement and we have language in the code. Information that needs to be in that agreement as signed and recorded. Um, and the planning department is named in that agreement. So that if there's any change from either side, the grant or grantee. To those spaces were made aware so that we can work with the use that is relying on them. To find a remedy before they continue. There's also a renewal period for those leases as well. That's stipulated.

Thank you. I just would like to express my agreement generally with everything and Mike said, I also just want to take a moment to say how refreshing Mr. or Dr purchase comments were. I feel like I'm constantly. Shocked by the people in this town who complain about all students and it's just. Really refreshing to hear someone who enjoys the students because I do too. I mean, it doesn't mean I love them every day, but I, but I, you know, when they. Come back in August, it's always kind of fun to see them. I go out there with my equivalent of the cane and try to get him to slow down. But anyway, I just want to appreciate that because we get so many. Yeah, that's what I'd like to say. We'd like to make a motion.

Ask 1 more question of course, the applicant this time the. Left turn only on to Harris street. What is that?

Protecting, so the left turn on Paris street.

Yeah, sure.

That's fine. If you were to turn, it would like the lights that lights of like, a car could come on the Henderson Avenue and, like, very late at night, it could just be a distress to the rest.

Thank you. Nice.

I'll make a motion to approve the special use request with the variance. Is the park with the variance? With the variance.

There's two variances. One is for the buffer reduction and the other is for the parking. As presented. Yes, variances.

I second.

Any other that's 1 thing was, is there a staff recommendation for a condition for, like, the historic preservation thing at all? Did we want to talk about that at all? Because I'd be interested in including that.

And I was yeah, after the 2nd, I was going to advise that would be helpful to have that in there. So that. It breaks that coming back around if they make changes. So that puts the responsibility of final design approval for the site and for the architecture with the historic preservation commission.

Okay, so I guess I'll add to my motion. I don't know the right wording, but that just. Yeah, well, what's that condition?

Yeah. Proposed that condition.

So, do I need to 2nd it again?

Yes.

Yeah. Right. To me, you read it back. You feel good. Okay, great. So, yes. All yes, yes. Yes, yes. Yes, and Lord yes. All right. Thank you. All right side to business. We're going to start with number 3. 65 us, 29.

All right, so here we are, this is the staff presentation for 1465, a 1200 and 1295 us highway 29 North. That is a reason requested zone. 2026. 0611. Oh, 2. All right, so this quest is for a special use in agricultural residential stone. It is to add 110 additional pads for mobile homes in pine woods estates mobile home community. 1 thing that is important to note here, which I will reiterate is that this application is related to, but not dependent on 2 other applications you have in front of you, which is the reason request as well as another special use. Um, looking at the aerial of the site, you can see there is an existing mobile home park on the majority got us us highway 29 North right here. We have 1 access point to the site as well. And when we look at the site plan, you will also see that a lot of homes are proposed to go into this front area as well as in this back portion. Um, a few photos of existing conditions, I wanted to give you a little bit of a scale of kind of what the internal streets on this neighborhood are looking like already as well as a few examples of homes that currently exist. And moving on to the current future land use that we were looking at for this request. We have a few parcels that are currently designated as major corridor. Um, 1 parcel that is designated as rural as well as in the ink. We have 2 parcels that are. Oh, goodness neighborhood. Thank you. Neighborhood residential. So kind of a little bit of looking at this request. And for the reason is just especially this request, we're looking to change the zoning, but it's on these parcels. I'm also looking at. Environmental areas involved, we do have a stream. We also have a former this area right here was formerly a treatment pond. And so we do have some, some comments from public utility or sees me from transportation, public works regarding those areas on the site. This is the proposal we have in front of us. So orientation we've got. Highway is going to be down here for you. So, again, all of these areas that are dark are going to be proposed additional pads. So, here in the front, as well as in the back where we were just looking at where the formal former pond was that comment will come back as well. And then we have a few additional. That's proposed kind of interspersed throughout existing areas. Um, I wanted to give you all a little bit of an overview of how all 3 of these applications fit together. So, for this specific request, we are looking right here in the orange on the step side plan. We just looked at that's a relationship to country corners. We will talk about shortly as well as a reason request for commercial areas. But just again wanted to keep in mind of how all of these pieces you fit together. Um, a little bit of a detail on this site plan, existing conditions where they are proposing to have additional pads. This is going to be in that back area where they're responding upon. You can see that that has been drained and filled. It's currently just green space. This is where they would be using those additional pads. Similar wanted to give you a view of existing conditions up in this front area where they also propose a decent amount of additional residential pads. Um, it is pretty heavily what you can see the corner of an existing home right here. This is actually already a paved entrance way again. That little star is where I was standing to take these photos. So, that is a little bit of what that side is looking like now. Um, in terms of our staff analysis, we see that this is partially compatible with the 2023 comprehensive plan. A few of these points have photos on in just a moment. The proposed homes are of a similar type to what is existing in the community. which we do see as an opportunity to minimize financial displacement risk for existing residents, which is a big priority for us specifically in the comprehensive plan. The applicant also includes that they will have a combination of resident owned as well as least to own agreements as part of these new residences again, supporting goals. We have as a county. to have a few more pathways for home ownership opportunities for our current residents. A few points that do not necessarily align with our comprehensive plan right now. It is advocating for development of undeveloped land rather than improvement of existing structures. There also is going to be an impact on an existing well water system that is strained. And you will hear me speak about that in our proposed conditions. And also there was a comment from from TPW and public utilities that we need more details on stormwater management with this proposal to accurately assess those impacts. So my point around, or excuse me, staff's point around how these new homes do kind of fit in with what is existing. These are two new homes right now. This is an older existing structure. So you can see that what is coming down the pipe is fairly similar to what currently exists. Also supporting that here are some renderings that the applicant presented to us again, looking at manufactured homes, mobile homes that are very similar to massing scale and materials to what you currently see in that neighborhood. Um, continue with our analysis, this is going to be incompatible with our future land use map. 1 piece of this puzzle is this is already a legal nonconforming use requesting to expand illegal nonconforming use is not going to be compatible with our future land use map and our designations. Also, the request of use does not align with 3 future land uses that we see in this in these parcels, rural, major corridor or neighborhood center. Um, that. Composal is also incompatible with our zoning map and our ordinance. Again, one thing we want to point out is that the legal non-conforming status actually kind of illustrates the limitations of our code around manufactured housing. So this is actually an opportunity to bring Pinewood Estates into code compliance in a way that can promote the health, safety, and general welfare of our current and future residents. And that is the primary legal concern of our zoning map and ordinance. Getting into the math a little bit, I said earlier, this is proposing 110 additional pads that will bring the total of this neighborhood up to 415 residential paths, which is spread across a 70 acre or approximately 70 acre developed area. The density works out to 5.9 residential pads for developed area that exceeds current zoning. Of agriculture residential, but it falls within our code for manufactured home density. So, I wanted to point that out for y'all in your consideration. This request is also partially compatible with other adopted plan studies and programs here in the county. Touched on this a little bit earlier specifically, our Athens affordable housing and investment strategy speaks about how we need to have more pathways for home ownership. The mix of rental to own satisfies that goal for us. Also, the fact that we're developing similar home types, trying to mitigate and minimize that risk of financial displacement aligns with that goal. We've put forth. Um, we do encourage some exploration if it's possible to use inclusionary zoning with this proposal. Um, also wanted to note that with our transit development plan, our Athens and motion master plan and our, um. MTP transportation plan for 2050. There's existing bus service that actually has a Pinewood bus shelter right next to this neighborhood that services plan to continue, but not increase. And there's also no adopted plans that point to any sidewalk or bicycle infrastructure on that main highway. That does make sense because of the high vehicle traffic and freight traffic. But do you want to point out that doesn't necessarily align with our design goals in these plans? Looking at special use criteria, I wanted to give you all kind of an at a glance take of it because it's a lot of text. So we've got a few in our meets criteria column. Again, it is similar to the scale that we're already seeing in the neighborhood. It is architecturally compatible with the existing neighborhood. Generation of noise, light, and glare would be anticipated and we think not out of scale with where the neighborhood currently sits. Again, with development of adjacent properties, it's going to be alignment. They're also in terms of not meeting criteria. We are requesting as 1 of our conditions that we need to have a comprehensive transportation impact analysis completed again. That is going back to the fact that these applications are deeply related, even if they're not dependent. So, in order to accurately assess how this will impact any kind of transportation corridor, we need to see all 3 of these. Together, and we are waiting on that to be completed. I also wanted to note that we did confirm with the school district that J. J. Harris W. R. Coley and Cedar Shoals all have capacity for potential increased enrollment that would come with these additional residential paths. So, all of that said, we are recommending that we table this request again, pointing to the fact that there is a comprehensive scope of all 3 of these proposals. And how that may impact the community's health safety and general welfare is necessary for us in order to make a decisive recommendation. So we need a little bit more information there. 3 specific conditions with that tabling. Again, that comprehensive traffic impact analysis per comments from transportation and public works. Also, a huge emphasis here is that we need to have there is a requirement for fire suppression infrastructure that needs to be installed with this proposal. Um, to cover all existing residences as well as the new, and there's a specific order of operations that our fire Marshall office can walk through on that that we are proposing. Also, a huge condition with this is that domestic water service shall be designed and approved by Athens Clark county. That needs to be either bonded or installed and accepted before there can be any permitting for any new units in Pinewood states. So that is. Definitely what we want to see that in order to see any additional expansions of this neighborhood, the infrastructure needs of this community absolutely need to be addressed.

I would add a clarification new units associated with the special use.

Yes. All right, so again, a reiteration of those conditions. And the final plan, that concludes the staff report.

Thank you now we'll hear from the applicant.

Good evening.

My name is Jesse West. I'm the corner engineering 10, 10 commerce drive, but our Georgia. I'm here on behalf of the property owners that I'm going to state some country corners. And, as mentioned, this is the 1st of 3 presentations. They will present tonight all along this 29th. Please. The property owners purchased on what the States a few years ago after the property had gone decades without meaningful reinvestment. Since then. Made a substantial time in capital to improve. The site existing units. 1 of the property owners, Mr Mike Warren, he's actually in attendance today and he can answer any questions about the property and the vision necessary. Ultimately, their goal is to keep bettering the community without having to raise the rates of the wealth. This betterment includes things such as working on the infrastructure, working on the water lines, working on the sanctuary sewer lines, and also clearing any kind of debris left over from previous. And the only way to fund all of this without drastically raising the raising the rates is actually adding. So, also 1 thing to note about the residents that currently reside here, these are all working families. And they're not students, they're not transient residents. I'm not against those by the way, but they're not them. They are here to stay. They are families needing a place to live. And these are all working families and honestly, this is arguably the most affordable housing left in the county. And staff report recognizes this proposal supports of comprehensive plans, affordable housing and inside displacement. Now, this request as seen on the planes and narrative involves allowing 110 additional pads to the community. This will bring the total to be about 415 units. Now, the current time with a state's community is about 60 acres. But as noted on the plans for the left and. We're actually having some acreage to that. So it's not it's not 60 acres. It's actually 80 acres. So, that said the density of the newly combined community would actually be around 5.18 units per acre. Which is well under the 8 units per acre established by the community. And also the staff agrees that the proposal matches the existing community and scale both coverage and architectural character. And it's compatible with the adjacent development. And so the main change that our client is questioning is to allow allow them to better this community and to allow for more affordable housing within the areas. And now to talk about the infrastructure, the community is currently served by 2 private levels. And we understand the report said that there's. Some issues with the water, but we do want to say that there's never been any kind of verifiable issue with the water. That said, the water is clean, but by doing this, it will allow us to actually serve the new clients with additional water and serve them off the basis of water. And to add to that, we've also received a letter stating that the water and sewer would be available for the property. And now for fire protection, plans are already under review for a new 8-inch water line connecting to the existing 12-inch as in Clark County, Maine along the US 29 highway. And with that, there's fire hydrants throughout. And our farm will diligently work with the fire marshal and the staff to get everything squared away to make sure that the community is well protected. And now as far as sequencing and phasing is concerned for the project, we intend, if this goes through, we intend to start fire main and storm water improvements later this year with water infrastructure ideally being completely complete early in 2027. And after that's complete, only then will we actually add new pads that will be built and then they will be phased roughly about 25 homes per year. So it's not like. This gets approved, you know, and it all gets stolen right away. But to speak to the stats, corrective actions. Comprehensive track of traffic impact study is underway and should be completed the next few weeks. So we, we know that that's something that we need and that is underway. And so, as mentioned above, we've been coordinating directly with the fire marshals office and hydrant placement and department access the review of the of our June 25th plan, acknowledge both communities will see improved fire protection. And on the oxidation pond referenced in the report, that pond is no longer is this just as you mentioned. So, ultimately, the stormwater facilities that. We know that we will have to design to meet AC standards that. We understand we need more information on that, but ultimately it will get worked out and plan review. And again, PD confirmed that waters who are available with capacity to serve recommending approval with easement and separation refinements that will resolve and plans review. Now, in closing, we understand the staff's recommendation is the table and honestly, we concur. We'd rather return with a complete traffic impact analysis and everything's kind of squared away with the fire marshal and everything providing for the hydrant borderlines. And so we would rather act y'all act on, you know. Actual visual things than just have an assumption here. So we agree we think it should be table. But if you have any questions or anything like that, feel free to ask and we will do our best to do better next time.

Thank you. Is there anybody here to speak in support of the application?

Hello. Um, they're with me, this is my 1st time I got a notice in the mail about this project. My name is Chantel sheets. I'm resident of 325 Mission Drive and this development is unfortunately is trying to develop behind our property online behind Mission Drive. I guess it was a 6th, 7th generation family. Residential down the way I have signings that have petitioned against this development.

Still be in favor portion.

Yeah, just so just so, you know, so we call the people in favor 1st.

Oh, you said I didn't hear you. I'm sorry.

I'm sorry. So. I just want to know if there's anybody audience to speak in support of the application.

And there might not be. I just want to make sure please repeat.

Is there anybody here to speak in support of the application?

Yes.

Yes. Okay. Yeah. Sorry. Hi. My name is Catherine channel. Sarah, my address is 510 Samson drive.

Um, I am here as a yes, but with conditions, I'm very pro affordable housing and want people to have access to affordable housing, but I am going to outline some of those conditions. So, I'm just here as a community member. I've lived here in Athens for 21 years. I moved here to attend in 2005 and just never left. To elementary school in Clark county for 13 years, my children currently attend Clark county schools and I tell you all this because I want you to know that this is my home and being part of the community is immensely important to me and my family. I love this town. I love my neighbors. And that's why I'm here today along with the support of many of our community members who are also a yes, but with conditions, if y'all will stand up.

We're all here for that.

Yes, with conditions. I don't know if that's an actual category and I'm so sorry. I take a lot of things for granted in my daily life. I fill up my kids' water bottles in the morning for school or to go to camp during the summer. I turn on water to run their baths and to help them brush their teeth at night. I can do a quick load of laundry when my daughter wants her favorite dress ready to go for school or my son needs a soccer jersey for a game the next day. and I can turn on the water for that last sip of water before bed. But I tell you this because not everyone in our community has access to clean water and the residents of Pinewoods are really experiencing a lack of reliable clean water. I would say that this is a crisis. This is a crisis, a water crisis happening right here in our community. There are 385 families on this land, including 291 students who attend Clark County School District. That is, as of the 2526 school year, it's privately owned as we've gone over, but the land is within Athens for county and the families there do not have reliable access to clean water. They don't know if they will lose clean water for hours at a time or on what days. The community has an aging water system that frequently breaks down and this is not a new issue. This has been an issue that's been ongoing for 20 years. And I think about those families, babies, children, moms, older adults, and what losing access to clean water really looks like on a daily basis. They might not be able to mix clean water for formula for their babies, run bath water, wash school uniforms. They might not have water to boil to make dinner, wash dishes, take medicine, or simply to drink. To this end, our community has been collecting bottled water for Pinewoods community over the years to meet this need when the water is not there. And I don't think that access to clean water should be a privilege only available to some folks in the community. And I give you all this background because it's necessary to understand my point tonight. The owners of Pinewoods and Country Corners want to add 279 total new mobile home units and two new retail buildings without fixing the existing water infrastructure problems. To be clear, I'm not against adding these additional mobile homes. I just maybe maybe Pam will take over in my next. I'm so sorry. I thought I swear I timed this.

Okay. Okay. Hello. Good evening. I, too, am green to this. This is my 1st opportunity to ever speak it off 1 of these, but I've my name's Pam Garcia. I live or Pamela Garcia. I live at 530 King Avenue. I, this issue actually is deeply personal to me. I happen to be the daughter of immigrants. I was born and raised here in Athens. I actually grew up in a mobile home community on the East side called Glenn forest that now has been turned into student housing. But because of affordable housing, my family had the opportunity to build a life here to pursue the American group. Today I work alongside all the families in Pinewoods and Country Corners, and I've come to know them not only as statistics, but as our neighbors. I also have had the great opportunity to start beginning work with the planning division of ACC through the Future Land Use Map. And so I've learned so much about the great work you do. I first want to commend all of you and thank you for the detail and hearing both of you or all of you really considering the resident size as well as the commercial and what our commitments to how we continue to grow Athens. I can see that in each one of you when you make considerations and ask questions, so thank you for that. But what I do want to say about these families is that they're hardworking. They're family-centered people who just want what everybody wants for their child. They want a safe place that they can raise their children and have an opportunity to build a better future for their family. Every day, these families face something none of us should accept. They live without reliable access to clean water. Children go home knowing they cannot simply just turn on the faucet for a drink. Families keep buckets of water just to flush toilets in case the water has to be turned off intermittently due to the fact that, yes, the water is clean. However, you all know when a water main busts, what happens to your water? It turns brown, right? Who's drinking it? Nobody, but they don't have that opportunity to just wait till it seems because they never know when somebody's water to their hat, their mobile home happens to go off because the pipes are sold. I think you all know this, but children should never have to wonder whether they'll have water when they get. And I think Georgia that should never be our reality. I really want you all to picture highway 29. imagine you're standing in the middle of all those lanes and looking down at Madison County. On one side sits Athens Christian. The other side, across the street, are families who worry every day about something as basic as water. That contrast should be very concerning and challenging for one of us to figure out how we work with the people who own it. Oh, no. Okay. And it should be challenging for each 1 of us and so I really will say, I am challenging us to figure out and I do believe that is doing their part as well as the property. It is clear that there are so many rules and regulations violations that we all don't understand as. Regular citizens, I'm grateful that you all do in question that, but tonight's vote is more important than zoning. It's about the dignity of these families. It's, ooh, it's about creating 280 opportunities for families to have stable, affordable housing.

One comment. You will have a chance.

It's kind of like a kind of backtrack based on the ACC report that we were getting. So, very quick.

Well, you, you will have an opportunity to come up. I promise it will be 2 minutes. Yeah, you have opportunity.

If you know what I know.

Am I allowed to speak that you can answer? Okay. So I'm like, Warren 3311 Ivanhoe drive 30327. I'm 1 of the aforementioned owners of the park. I don't own the park, but it's a. Complicated ownership structure, and I'm involved with that. Thank you for your comments. You were almost exactly 100% right. Not totally, but you were spot on. We recognize the problems with the water system. It's a problem. But unfortunately, it's not like replacing a roof or painting a house. To replace these lines is It's difficult. We had a lot of utility contractors that looked at it, and they shook their heads and said, it's in the project for me. So trying to figure out how to do it, there's so much infrastructure there that it's hard to do, not to mention the fact it's incredibly expensive. And so really, it kind of came to a head when the fire marshal flagged us last year and said, hey, you can't put any more houses in here because you got a life safety issue. You don't have any fire hydrants. Um, the initial reaction that was, you know, we were not happy, but after we talked about it and kicked it around, we said, you know, this is kind of an opportunity. We don't want to be on the wrong side of a life. So if you have a fire, somebody gets killed. It's not good. Oh, I'm sorry. Okay. Um, so we started trying to figure out how can we solve for that? And replace the water lines, so we have the 1 thing that you were not correct about is we have a plan. We have a contract with contractor and we're getting ready to replace those water lines. We have a meeting Monday morning. With the locate underground locate people to figure out what we're going to be dealing with as far as underground stuff. And then we will start the work to replace those lines as soon as we get. A final permit from the county, and that process hopefully will happen very shortly. So it's going to be very, very expensive. We'll spend well, in excess of a 1.5 dollars. we don't have that money. Nobody sits around with a million and a half dollars and just waits for something to happen. So that's been the thing that we've been trying to figure out how we're going to fund it. We have some good ideas on that. We think we can do it. We've talked to our lenders. We've talked to private equity sources. And so they like what we're proposing. If we get the approvals to fill the part, basically, this is land that we have that was zoned AR. I mean, this part was here before the zoning ordinance was here. So we could talk about that for a while. But the bottom line is this land is here. We have it. We feel like we should be able to put houses on it. We run basically in the high nineties. As far as I can see goes, we have no vacancy people all they own all their own homes. And there's no Reynolds there. So, as Pam said, they are. The working families, we keep track of what these people do and it's the workforce of Athens Clark county.

Anybody else to speak in support of the application.

I'm another in support with conditions person. My name is Jane Keat. I live at 115 Milledge Heights in Athens, 30606. Thank you so much for taking the time to listen to us. It seems that in a way, the most important thing here is about the order of operations. I read the applications by the owners of Pine Woods very carefully. And I was, I appreciated that concern about the infrastructure issues and the water infrastructure issues, and that they were looking at trying to raise the funds to fix these problems. But I think that certainly I can speak for myself that I am very concerned that there was not a clear commitment in the applications. To actually connect the existing mobile homes to county water and to improve the water infrastructure, which is a real concern if they are digging for putting the fire hydrants in and they're going to add pipes for fire hydrants. It would really reassure all of us. Well, it would really reassure me. I can only speak for myself as an Athens residents to know that they were also digging and making sure that their connection was also going to provide water for my neighbors. I want to live in a city where everyone has very reliable access to water. Thank you so much.

Thank you. Anybody else is in support of the application.

Okay, so here is not, we will go to opposition.

So anybody here to speak in opposition to the application.

Hello, my name is in Russian. I work in the library for 3 years. So, before that, I was in the school system. and where I had an opportunity to meet a lot of our students. So the reason that I came to work in the family library is to put a lot of educational programs in support of the community. I'm not against anything, but I'm here to speak for the community. I appreciate all of them present, and they do too, but they don't live there. And I'm here because they couldn't come here to And before today, early today, they asked me to come. So they're worried about putting more trailers there. The situation is totally different when you're there. That when you're out there, outside, you can see the whole thing. No weather today is hot. The owners are doing their best to fix it. It's true. Because they own it for four years. I've been there three years. The situation has been there for 20 years. So every summer, we have issues with water. Our fire department's been there with their big tank because it has programs and events for the community and they get wet and they are happy. So this is not an issue that's happening to blame anyone, but in reality, the people that should be here and can't and couldn't be here, and they talked to me today. And they talk to me every day. They think when you are in your office from 8.30, from 8 a.m. to 7.30, or sometimes 8, because I work with, I do adult program with the GA. I have programs in the mornings. And when we don't have water, they can't come to our programs. And it's not about our programs. They can't cook. They can't go to the bathroom. They can't go shopping. They can't go to the school. They can't wash clothes. Even though they receive emails with that, because the management and the owner, they are doing their best to fix this situation because there's no one to blame, but I'm here to talk, to be the voice of the community over there today. We appreciate our teachers, community, and the organization that they're supporting, yes, with water, City of Refugee from Athens, Food Bank, IARC, the school system, AADN, community, just members, church from Oconee Methodist Church, every day, every single week we would receive water. So today, we did not have a lot of water. So trailers, yes, more buildings, more things are fine, but the water is the main thing. Hey, I don't know. Yes, it's expensive, but I feel like if the TV. In the together to fix this. Give up pretty deep in this situation because we have kids. Thank you. It would be great.

Thank you.

Thank you.

Anybody else to speak in opposition to the application.

Okay, don't even say my name again and it's for. My name is some resident on mission drive here on behalf of majority of the family members. On that road and. Things like the development just need water instead of more land. All right, we, the residents property owners and families of mission driver, respectfully, urgently ask that you deny or relocate any proposed manufacturing housing, develop the development plan behind our properties. Our place is not made out of opposition to providing housing for others. Rather, it is made out of a deep commitment to protecting a ritual committed community. that has existed generations and preserving land that can never be replaced when it is lost. For many of us, this is not simply where we live. It is where we were born, where our parents and grandparents built their lives, and where we have chosen to raise our own families. Our role is a quiet family work. It has always been a place where neighbors know want to know that where children can safely enjoy the outdoors and where wildlife flourishes and we're farming remains a way of life resident memory. I am a farmer farmer man mentioned. Um, notes, the destruction of mature trees and natural floors that provide a central habitat for dear birds, pollinators and countless native species. The disruption of active farms and livestock horses and other farm animals are sensitive to increase traffic, excessive lightning, loud noise, unfamiliar activity. and constant human disturbance their health and well-being should not be overlooked increased traffic on a narrow family road that was never designed to accommodate a large residential development creating safety concerns for residents children farm equipment horseback riders and emergency vehicles Increased noise, light pollution, and congestion that would forever alter the peaceful and rural atmosphere that residents have worked tirelessly to preserve. Potential impacts on drainage, erosion, water quality, and the long-term environmental health of our land, the loss of valuable agricultural land, a time when protecting local farms and open spaces is more important than ever. That's just some notes why I'm against this. Not every place of undeveloped land should be Should become a housing project. Some places deserve a remaining to remain exactly where they are living example of our counties, agriculture, heritage naturally. It is beautiful and environmental responsibility. Once these trees are moved, they cannot be simply replace once farmland is developed is rarely restore once wildlife habitats and destroy it. Many species never return. We respectfully ask our leaders to. Think beyond today's development plans and consider the legacy that we be left for future generations. There are other locations within our county that are more appropriate for higher density residential development areas. Areas are are that are already. Accommodated with growth for sacrificing sacrifice and establish farms. Wildlife habitat and longstanding rural communities bro should never come at a cost of destroying the very landscapes and communities that make our county desirable place to live as elected officials. You have an opportunity and responsibility to balance progress preservation.

Thank you.

Anybody else speak in opposition to the application.

Go ahead.

Good evening. My name is Harvin Gaye. I live at 1294 US Highway 29 North at East, right across on the east side of Highway 29, where this property is considered on the north side, on the west side. I stand to voice my opposition of this proposal because of the fact that there's already a lot of accidents. I've built my house there in 1969. In fact, I was the first one to get an address of Highway 29, which was a large partial owned by my father. of 33 acres of land right across joining the Athens Christian property, which was the Southwest property back in the day. I've seen a lot of people. I'm the second house from Athens Christian's exit back into the highway. I've seen right there at my porch a lot of deaths, because of people caught traveling up and down Highway 29, driving 60, 75 miles in a 55-mile zone in that Christian schools around there. And there's a lot of people living in Pinewood already. And when I can hardly get out of my driveway sometimes, well, in the morning, people come out of Madison County, driving 75, 75 miles an hour, but we don't need more traffic. in that area where there is just one way in and one way out of Pinewood. I lived in a mobile home when I first went out there. My dad had to put it on 33 acres of land to get one mobile home on his property. You can't build across that highway on that side of the highway. I had to have at least an acre of land. And for that reason, I sent an opposition .

Thank you. Anybody else to speak in opposition? Do I hand this to anyone for the petitioners that signed for it? We could .

But just keep that record. Okay. Yep.

Hi, my name is Tim Penning. I'm a 38 year resident of Athens-Clarke County, 180 Chapel Hill Way here in Athens. I don't know if you can hear me, but I can tell you nobody back there can hear anybody up here. I don't know why we don't have an application in here, but for someone with a sensorineural hearing loss, this is incredibly frustrating. Okay, I think the principal issue here is water. I think that's become quite clear on what people have raised having reliable and clean water. It's a fundamental human right for us to have water. If you ever had to water shut off at your house. I'm doing bathroom repairs right now. The water is off. What do we do? How can we possibly make it through the day? The owners want to put more units on the property and that's fine. I don't necessarily have a problem with that unless there isn't a specific plan that meets the staff's recommendations to address the water needs for the current residents before you put more residents in the same space. We owe it to those people to have reliable water that it's clean and it's consistent and it doesn't exist today and it should be rectified.

Thank you.

Thank you. Only about the day.

Your mission drive your business sheets. Property and can you write it quite your name? Joel Goldberg? Thank you. My wife, Lydia Wade. My wife's family's land. But the right of quiet enjoyment, it's not clear. I'm not opposed to the community having water. Absolutely not, but along mission drive, is there going to be access through mission drive to the Danielsville road with this project? Is the question that I haven't heard addressed and the right of quiet enjoyment. For those on mission drive. And those of us that live contiguous to mission drive. So, I just would love to hear that addressed and. That they're not be a loss of the of quiet enjoyment on this drive or the properties contiguous to with the increase. So no, no objection to water increased housing. Uh, perhaps I have an objection to that, because if it's going to connect admission drive and all this traffic come on mission drive for us, that's not acceptable. Is it going to connect to mission drive? Okay. And, you know, the, the county is limited in what it can enforce. But it's like coming out of the angles on old whole road to connect to Daniel road. It's absolutely absurd that there's a 50 mile an hour speed limit 200 yards. Coming to the West from the light across from equals. Is a church and their residences all of it and it's just so strange. There's average of a 50 mile an hour and. And there's no regulation of the overly loud exhaust cars that, I mean, you wouldn't believe how loud some of these exhausts, illegal exhausts are out there. The aggressive nature of the drivers along Danielsville Road, to add more to that would just be incomprehensibly abusive to the residents.

That's my point.

Thanks for hearing me out.

Thank you.

Anybody else to speak in opposition.

Any other anyone else to speak in opposition.

May or may not be opposition album sheets, post office box 5142 Athens, Georgia. I want you to think about something. These people been needing water since I was a county commissioner long time ago. On page 81 of the charter, anybody don't have a charter. You call me. I keep it on my cell phone. I sent it to page 81. it says that we're supposed to provide water throughout Clark county to the gentleman that owns that property should be helping you put that water out there. You shouldn't you shouldn't have took that load by yourself. But that being said, I wish you all good night.

Would the applicant like to come up for a 2 minute or sorry? Sorry. I thought Mr sheets was the last 1.

Oh, yep. So, yeah, you can use the point for sure.

And I'll have Robert pull that up for you, but the point is just this little green button. Okay.

Good evening. My name is Harrison Doughty. I live at 1455 Highway 29 North Athens, Florida. I have been there for 53 years. This is family owned land. My property is Do that right that 1 and that's just trying to be resolved all the way around. Now, on the other side of country corners. That part over there is going to touch my property as well. There are actually 7 acres in there. I've had it since 1972, I think, 72 or 73, given to me by my parents. I've seen growth in the park, and it just keeps on growing. Let me put that other one back that we had earlier.

The site plan? Uh-huh. Okay. Thank you.

Again, this is my property here, here, here. It's seven acres in there. This right here is proposed. Those are additional mobile homes. I think that's 110 or five or something like that. I hear the residents of the trailer park, mobile home park, sorry, old school, I say trailer, it's mobile home. I hear the residents talk about they don't have enough water. They don't have clean water. The water goes out. And I realize that Warren is trying to get water in there. But I cannot see supporting more mobile homes here. And that's just one plan. There's going to be mobile homes on this side, and all of that's going to be filled in. This is Highway 29 right here. This is country corner somewhere in here don't have the right now, but that's it. I don't think even if you got the water in. Then it would be enough to support another 100. Or pass whatever it is and plus the fact. I'm going to ask I'm going to say this. I have been there all of this time. Who wants to have their property line boarded up on all three sides with mobile homes? That's just all around me. It's just all around. I don't think it does my, I don't think my property, I think my property value will go down. I don't know what resale will be in the coming years.

Thank you, sir.

I'm sorry. Oh, I'm sorry, but I hope you guys understand what I said and I am. Opposed to this.

Thank you. Anybody else to speak in opposition to the proposal.

Good evening everyone.

My name is Jacqueline Doughty Roach. And as a joint property owner of 1435 US Highway 29 North, which is within 400 feet of the applicant's parcel. I strongly oppose the rezoning for permission to add pads for additional manufactured homes. My reason is specific, direct, very heartfelt, and it is. I have concerns about the impact of trafficked and the infrastructure problems that already exist for these unfortunate residents because it is already saturated and it will possibly and i say possibly prevent future sales of my joint-owned property at 1435, thus limiting the scope of development if myself and my joint owner were to desire to have future buyers of our property. Thank you for giving us the opportunity to hear all the information. Those that desire approval as well as those that oppose based upon the information that we have Of this proposal, thank you everyone. And I appreciate your listening and your time.

Appreciate that voice nice and clear. Thank you anybody else anybody else speak in opposition. Anybody else to speak in opposition.

May I ask.

Sure. Yes. Right at the back of my property line, that's where my animals are. I'm pretty sure the 400-foot distance or whatever development they're trying to create, I'm pretty sure it'll cause a disturbance where my animals are. That's why I'm, again, opposing for my property and the family members on the down.

Thank you.

My name is Frederick. Fourteen dollar lane. Well, George, I was just listening. To all the information that was given. About the trade. I do have a concern. That the building. On this trade. The people that. I don't think they care about it as the revenue about what could they put them in or not? I don't think they care. They talk about 100 more for 400 more for no water.

Thank you. Anybody else to speak in opposition? Okay.

All right, okay, I'm going to call the property representative back up for 2 minutes. To respond to anything.

Thank you. So, 1st off. The main priority of this project is to give the resident water. I mean, and Mike spoke to it earlier. They're actually meeting next week with a contractor to actually go on or go through that process, go through that locate. And so that is probably the biggest concern that we have for this project. Now, to take away a comment that I said during the presentation about there not being bad water that was actually for country corners, because that project is actually served by Park County. But in the report that said that it had bad water. So, please forgive me for saying that that was for the next project. Um, but to also, uh. State, we're doing a traffic study and basically everything that they say that we need to do to make sure the traffic and everything is is good and right for that area. We will do. I mean, that's that's the reason that we're going to be doing it. So, we believe that we'll be able to address that concern then. I mean, we're doing that right now. But ultimately, all this is funding all these improvements that there are clients trying to make for the property. So, yeah, people are people are hurting. They don't have water. They don't have clean water. This project is for that. This project is to make that happen. And there's just no easy way of doing it without adding units. Ultimately, we need money to put those things in because nobody's going to do it for free. But to that point, too, this is actually a really good conversation to hear people talk about it, especially since the recommendation is to table. That way we can kind of go back to the drawing board, you know, address neighbor concerns, you know, maybe you have to do something with the layout a little bit more, but. We definitely want to work with the community because we're working for the community. The main thing is the water. We just got to find a way to afford it.

All right now it's time for our discussion. Sorry.

And make a motion to table and I'll 2nd, that can be table this 1 and the next 2 all at the same time presentation. Okay. We have to do the presentation for each 1. And take on a comment.

So, we have a 2nd, is there any discussion?

Yeah, I'll just say, I'm sorry, I was just going to say, it seems like the issues that are here that staff identified in the report are the key issues. And so the. Application needs to be developed further and. Conjunction with staff and seems like staff is on top of all of it. So I appreciate the staff report.

So, real question so future references would. I guess the main thing is the water for me. This is one of the things that kind of make me speak, but at what point are we going to be greedy enough for housing versus think about the liveliness of our people? when we do make a decision, what would be more detrimental for the community? How can we help make sure that they are going to get the necessary water that's needed? I mean, is tabling something going to be more helpful or would Deny denying it be more detrimental. You know, so I guess that's my question, because that's what I'm kind of. Torn in between moving forward.

For the next go around, so maybe you could speak to the benefits of tabling. Versus having a vote.

On the project, yeah, so a vote certainly would move it forward to the mayor and the commission that would. Move this process along probably 2 months faster. The reason for the table, and the reason why staff wrote the report that we did was to, as Matt said, further develop the record. We've got some operational things and the applicant has acknowledged those. That that need to be clarified to have a better understanding of some improvements that may need to take place to make this successful. And that needs to be part of the binding plan that goes with the special use. So that's the reason for the table.

But we're sort of discussing the motion, but I have some questions. I think they, I think Bruce, you might be able to address them, but, um. I don't really understand what well, a couple of when the opposite is talking about providing water. Is he talking about providing for the present the current and future?

At the finish of this, yes, that I think, and that may be a better question for the applicant, but that's been our understanding and working with the applicant. Getting this application kind of pulled together this all even before the zoning action, we were having discussion about fire suppression. And so, and he did represent that in his comments of Mr warranted. So, at every point along the way. What we've been looking for how to find solutions for the development in total. And what has been proposed is in order to find that. Financial solution and expansion makes it possible to do. Water upgrade for the entire development and. The issues with pine woods are primarily. An aging water system that is inconsistent and it's been hard to maintain because of its age. So that's where the applicant is trying to have the expansion to pay for those improvements.

That has always been a private system. Yes. And would that happen today? Yeah, because I wouldn't think I'm listening for and I think we need to do, especially because we're talking about this in our. Working group is yeah, I'm just listening for how we can make this never happen again because it kind of seems like everyone. In the room, what's the same thing and inherited this problem? I agree with the person who said that. I don't know necessarily if the private. Owners should be 100% responsible for solving this problem financially. But I guess my other question then is sewer what's going on with sewer at the site.

So sewer availability has been provided to this site and that's why the current and. Future present and that extension would carry into the expansion if approved with the special use.

Okay, and so the pond that is, or is not on the site anymore, it is in the process of being finished to be filled.

I believe it's grass and the coordination issue. Is with the storm water side, because that's kind of the natural drainage path. And so trying to figure out how to get the stormwater design to work properly for the development as a whole, but the oxidation pond is decommissioned. It's filled and.

Yeah, that's that's offline because there were some comments about that that we received right about how stinky it was. Sure. Yep. But that's gone. So.

Yeah, I mean, I think just generally. It seems like this is moving in the right direction and tabling. It is only going to move it in the right direction, but I. I would never allow for the expansion. Of the pads without taking care of this water problems for the current residents. I think. I think I don't even know if there's anyone who disagrees that notion. So hopefully we can get there.

Something I think I heard from. The partner is, they need to be able to get the pads approved. And then there's either a refi coming behind this new investment. Or new loans, that's that's what I think I heard. If we want to, I don't know if we can ask him to come up, clarify that it's also be up for other things too.

3 connected projects.

Yeah, so we can hit that, but that's as I understood and that is that is an actual business reality. You can't move forward to, but you can do this and then that comes and then that sort of back flows into all of that. It sounds like they don't have the money. For it until they can get that, then just with the approval, then the banks or investors can go forward with that. They won't do it without an approval.

We've asked for clarity at the next.

Is the solution and plan in place now between the owner and Clark County?

We know what to do. We just have to have the funding board. Is that kind of where it's at?

We've been working with the applicant for almost two years now, putting together a sequential plan and have been looking at a variety of options. And they've been looking at a variety of options prior to seeking a special use approach. This was not option 1, right? For for either either party involved. So this is where we are at this moment. But, yes, there are plans that the fire Marshall's been working with the applicant to figure out. There have been water and sanitary sewer plans that have been worked on with public utilities. So, it's yes, it can be done. In other words, it can be done and that's. So many aspects of this are very close and where we're sitting now is this option is is a key decision point to be able to take those next steps and actually executing the plans. But the engineering is nearly complete for all the solutions.

It's kind of who's going to pay for who's going to shoulder the, the brunt of the cost. Right? Clark County or the other. Okay.

All right, so motion to table vote. Yes. Oh, yes. Yes.

Yes.

Yes, Lord. Yes. All right, so the next 1 95. I went to the night. And associated properties.

So, I just want to make a clarification before this next presentation. So, Ellie did human's work on pulling together these complicated reports and did all 3 hearing right now. The packet that went out actually carried forward some language from the 1st report into the 2nd report. That was inaccurate. So, just articulating that for the record, making sure the applicant and I've spoken with the applicant about that error. We will not move that error forward to the mayor and the commission. We will be addressing those typos in there. But 1 of the most important is. In this report, there is a reference to the lack of access to clean. They are on public water, so that's not the issue in country. this particular development is looking to tie on still to sanitaries. So that's sort of the reverse kind of infrastructure issue is present here with Country Core. So I just wanna make that clear, but we do have some, if you're following along with this, as it moves along, you're gonna notice the staff report's gonna have some wording changes because we had some early version wording that made it out into the packets. So thank you.

So apologies from my front on that. All right. So, moving on to this application, which again is the country corners piece of the puzzle 1495, 1499, 1525 us highway, 21, 9, especially use. Similar to what we just heard the request is a special use in agricultural residential and commercial world zones. The applicant is requesting 169 additional pads for mobile homes in the country corners community again, related to the other 2 applications we're hearing this evening, but not dependent upon them. Looking at this aerial photograph for a little bit of context, we were just focused down in this area and now we are scooting up north looking specifically at country corners. We've got us highly 21 north here. You can see that there is a substantial amount of the property that is currently developed as a mobile home community. There is an active treatment pond retention pond. Thank you oxidation pond right here as well. And some vacant areas as well included in the request again, a little bit of level setting, showing your existing conditions. This is a playground that's located right off the main drive. This is where I was located on the site when I took these photos. And then this again is looking at kind of the scale of those internal roads and the way the neighborhood is currently arranged. Looking at future land use all these parcels included in this application are currently classified as rural and that future land use map. Looking at the zoning again, this request is not asking to change any zoning. We are looking for a special use in a R and C are. Maybe no. Thank you for the assist and environmental areas. You can see the streams that we spoke about earlier in Pinewoods carry up into country corners with that oxidation pond shown as well. Um, this is the plan that was presented again, reiterating with special use. These are binding site plans. Um, so we have a majority of the requested new pads happening here right along the highway and then talked up a little bit further. Well, similar to pine woods. There are a few sporadic pads. Kind of throughout the proposal, but we have kind of 2 concentrated areas. Um, for context, we are in this application talking about this blue circle here. All right, so looking at these proposed sites, this front portion where there is a significant pads are proposed is heavily wooded area right now. There is a, this is the main drag that takes you in off of the highway. There is a gravel driveway and I got up in these woods a little bit to show you all the scale of the wooded area. So that would be a lot of trees that need to be removed in order to accommodate for these residential pads requested. Similar existing conditions for the 2nd area of a great deal of the pads. There is currently a pool, which is adjacent to that playground. I showed earlier the access to get to this parcel would be proposed kind of right here in between the pool. Um, and this current, um, oh, my goodness, I'm forgetting the organization that has an outpost right here. Thank you so much. Um. So that is situating us there and then this is looking at kind of the southern access point again for these requests parcels, looking at a pretty heavily wooded area. In terms of staff analysis, similar to Pinewoods, but not completely the same. We have proposed homes that are very similar to what we see existing. We do have again that combination of resident owned and least owned agreements. We would need to get more details on pricing information to know how that lines up with affordability in the area. And for community again is proposing development of undeveloped land rather than improving existing. And there is going to be impact on existing infrastructure. So it's partially compatible with their comp plan. And a few images of this juxtaposition of newer residences in context with older homes. So you can see kind of that comparison of scale and impact. Again, some renderings of the newer homes that they would propose as part of this application. Um, similar to the last application, this is going to be incompatible with our future land use map, just looking to extend an existing legal non conforming use and also similar incompatible with zoning map and ordinance. However, this is an opportunity to bring these communities into compliance to health safety and general welfare of existing and future residents. The math on this 1, slightly different 169 additional patents brings us up to. 1, total across approximately 68.7 acres of developed area in the neighborhood. Total density of 5.1. Puts us or exceeds the existing zoning, but falls within code section for manufactured homes. Also partially compatible with adopted plan studies and programs in the county. Similar alignment with our affordable housing investment strategy. We're seeing a mix of whole ownership paths, which increases that for sale housing stock again, the strategy to mitigate the risk of financial displacement for existing residents. We support and we'd explore encourage exploring inclusionary zoning opportunities as part of this. And also the same transportation. Context as pine woods, there is an existing bus stop that will continue to have service and there are not any adopted plans for sidewalk or bicycle infrastructure in this area. Special use criteria, it meets again, similar to pine woods in terms of scale and bulk architectural compatibility. Possible impact on environment also noise and light would be an expected impact for residential use. Nothing. out of scale with what currently exists. And then in terms of not meeting criteria, the transportation analysis is still outstanding and that is what we would need to make any decisive recommendation in those fields. And again, we heard from Clark County School District that they confirmed that the local schools would be able to accommodate any potential increase in enrollment. Echoing what we talked about with Pinewoods, Our recommendation here is to table as we do need more information in order to give a decisive recommendation to planning commission, really hinging on wanting to see a confidence scope of these 3 proposals together. And also wanting to make sure we have the confirmation of the fire suppression requirements as well as the water service before we are permitting any additional units as part of these proposals that we have received. And another summary of those conditions and the final site plan for your consideration. All right, that's concludes the staff report.

Thank you from the applicants.

Hello again, Jesse West car engineering 10, 10 commerce drive. Um, so this is the command and application to the 1 that you just heard same ownership, same philosophy, same method of install. They really want to reinvest in a long neglected affordable community and infrastructure improvements just like. And currently, just as we heard, it has 182 pads, a playground, a community center, or tennis courts and extensive woodland canopy. And the request is for 169 pads that would bring the total up to about. And with the addition and recombination of adjacent specifically the 1 to the. North there and partial to the 1 to the right. It actually brings it up to about 80 acres again and this would actually have about 4.38 units per acre, which is. Nearly half of what the standard is for mobile phone. So, ultimately, again, the request is to help fund infrastructure primarily. And for this one, it would also include fire lines, hydrants, sanitary sewer connections for the proposed areas, new maintenance yard, a new property management office and. Ultimately better ongoing upkeep for the whole community. Um, as you can see on this 1, there's not nearly as many infill units. And that's mainly because we're trying to redirect the focus, like, kind of like a new standard for the community. As opposed to, you know, when it was installed. 4050 years ago, when they may have just kind of just place things. These would be more standardized and I know just speaking of the canopy. I'm a landscape architect. So, I love canopy trees, but to the South, we understand that we're basically clear cutting that and we're not. Shine away from from that, but we are also proposing a lot of trees in that area to account for that. So just. Um, but also the same phasing and sequencing for the previous application will also take place here. Ultimately, we're going to. Take care of the infrastructure, take care of the water sewer, all that and then start putting pads. Now, what this allows us to do by getting approval by doing and everything allows us to basically get a guarantee that the pads are going in. And so then we can ask them more money, get loans and stuff like that to fund. Um, but again, it's going to be the same as it might be about 25 pads per year for the next 3 to 5 years. So, again, not all of it's going to get installed all at once. And for staff comments, we basically respond the same way we did before for private estate. We understand that the traffic impact study is necessary. And again, we are doing that. Um, and it is ongoing and we're again, diligently coordinating with the fire marshal to look at how the water lines are going to install and how it's going to be safe. How it's going to allow protection. So, again, with time would or same with bond would we agree that tabling it probably would be for the best. But we are open to hear comments considerations, so that it might be to apply some things that maybe we didn't think about for the next round, but thank you.

Is there anyone here to speak in support of the application?

Mike Warren 3311 Ivanhoe 20, 30327.

So, I want to clarify 1 thing about the war we are preparing. To fund all the water improvements, we're not holding up anything. We hope we'll win on this. We hope we'll get the will be successful. But we're moving ahead, so. People can believe that or not. They can look for themselves and see what's going on. But there's a lot of utility infrastructures. I wanna talk, and there's been a lot of conversation tonight about the water situation, which I understand, but I wanna make a point here about the affordability. When we first got involved with these parks, probably the thing we heard most about in Clark County was the affordability issue. We're the definition of affordable. Our houses are between 85,000 to 120,000. They're all new. Most of them are three bedroom, two bath houses. The quality of them, the materials they use to build them are similar to what you would use in a stick built house these days. It's a great option for a lot of people who otherwise can't afford a house. We create a funding mechanism, as Jesse mentioned, the lease option, that's a little confusing, but it's basically a financing mechanism to allow people who can't get credit to buy the house. And they buy that house in 12 to 13 years. 80% of our residents pay under 600 dollars a month. In rent, I mean, I don't know where you can find that. So we think this is a valuable opportunity irrespective of the water situation just because it's here. And this is the play. You can't put a part like this just anywhere in a lot of conversation about and all this kind of stuff. Within the county, and you're not alone. A lot of municipalities are struggling that, but this is the location where it is. And these parts were developed in the late sixties. So, I mean, there's nobody here on the on the planning commission that was around when this thing started on thing. Alex, I'm not sure you, but anyway. But it's been here a long time and so it was, it was, it was starting to fail. It was kind of on the brink. It was, it was starting to fail. And so, because of the utility infrastructure and other things, roads, tree maintenance, I mean, nobody had a tree plan. They were dead trees. And so we've had to step up and spend a lot of money, which. We're, you know, nobody made us buy it. I mean, that's what we do. But we, right now, because of the utility infrastructure, we need to be able to expand the park and provide the affordable housing that Clark County needs. Thank you.

Thank you. Anybody else to speak in support of the application? Can I speak again since it's separate?

I'll call again in a second.

No, since it's a separate, can I come back up again? Okay. Pamela Garcia, 530 King Avenue. I actually really enjoyed hearing the public comment and hearing the impact to the residents that are in the area. I think that is a very serious thing to consider. I also think that based on my opportunity to work with both parties, ACC and the property owners, that they will honor what they said and will reach out to find out how they can limit the impact to the residents. And I hope that they will. But I do think that, again, in Country Corner specifically, Again, I've served as a public servant in not just this JJ Harris zone, but is in Fowler Drive zone as well. What I know is that ACC is not addressing the sewer and water access in the north side. It's been a problem since 1995. So to believe that ACC government is going to come up with a million and a half estimated dollars to do it to get this water, I just don't believe that's going to happen because they haven't done it. The owner is saying, they're going to go ahead and do it so that these residents can gain access. I have, you know, I have, I have had an opportunity as, you know, again, I'm 1st generation. I own a home now. I have not been given. I don't have a homeland that's been given to me. So I understand when I protect that, because I want to protect the home and land. I haven't. So, I understand balancing both of things. However, going back to what Mr. Warren said, it is about affordable homes for families. And this will create an opportunity for 280 families to have stable, affordable housing with reliable infrastructure to make sure that children, every child here has the ability to have a chance to dream, to grow, and to build a lifelong memory in a home that meets those basic needs. Every family deserves that opportunity. hope that you vote not just to say yes about whatever when we get there, but to expand the affordable housing because we must ensure that Athens continues to be a community that believes in loving our neighbors and giving every family a chance to thrive. Not just as my family has been given a chance to thrive here because of the loving neighbors and the nature of our community. So thank you for your consideration.

Thank you. Anybody else to speak in support of the application?

I'm Brian Smith, 530 King Avenue. I moved here about 22 years ago. I'm speaking in support of this because, again, the affordability aspect of it. We, as a community, have approved those huge developments besides Space Kroger. So I can't stand behind the opposition of traffic or Uh, environmental impact, I, I, I'm in natural resources. So I fully understand the impact. It has natural resources and that it can have. Um, most of this is going to be developed alongside a. 4 lane divided highway, um, let's let's not. beat around the bush about how impacted these properties already are. So I have to speak up and say that tabling this so that the owners can try to come back with a better solution to address the water concerns when we've approved those giant developments over there by Space Kroger. I just think we would be remiss if we didn't at least table this to give the community a chance to Have more affordable housing. Thank you.

Thank you anyone else to speak in support of the applications. Anyone to speak in opposition to the application. Good evening again, my name is Jacqueline.

This is my. Second stand here in opposition. I listened very carefully. I hope I did it. And a statement concerning. Irrespectable of the. Problem with the water problem with. The buyers problem. with the infrastructures all around, traffic, et cetera. When I think of irrespectable, I think of that as regardless of or without considering. I think we have a situation that involves the life of citizens and we cannot look at it irrespectable. We've got to look at their lives. There's a current situation that needs work, needs improvement. It hasn't happened yet. Seems like in many years it has not happened. With that being said, how can we possibly vote in and I know it's table right now, but how can we possibly vote in something that would involve 280 more residents in the manufactured home and have them secure, have them comfortable?

Now, I, as, A property joint owner.

Of land that is surrounded. By 2 of the mobile home. Areas that we are discussing.

I don't take any of this as irrespectable.

Because that involves land space. that we jointly own and it would be affected by that large increase. And then my goodness, if approved and those many other families were in a situation that is already not suitable, Can we do that? Let's think about it. I oppose. Thank you.

Anyone else to speak in opposition to the application.

Just right again, my name is 1294 US highway 29. Athens, Georgia, and I'm within 400 feet because I got two maps in the mail saying that it was from both trailer parks, both home parks. And I'm still in opposition because we don't have, that's state and federal highway properties in the adjacent area that would be of interest to these mobile homes. or districts until we can get with the state of Georgia and do something about that traffic out in that area. We're not interested in these two places. When you're coming out to Athens Christian School exit, you got to cross the highway. People are having accidents. They're getting killed with the number of people already living in firewood and country cars. You got the lumber companies, right going across by the State Patrol building, and that's a four-way intersection there. State is not going to do nothing to quiet the track, and Athens-Globe County is not going to do nothing. You want to put hundreds and more people in that area to get residents in that area, still trying to get out of their homes and drive away.

Thank you.

Anyone else to speak in opposition to the application? Hearing none.

I'll invite the applicant up for 1 to take some time.

I'm just going to open if there's any questions I'll address though. Can I do that? I don't have a statement questions. Oh, okay. We're not, we don't have, it's getting kind of late. So if y'all have questions, we're open for business.

All right. All right, y'all.

I have one question from staff that I thought of during the presentation. It was about the, like the recommended density for, I think it was like eight per acre or something like that. Are there any concerns that, like, what are we, what's the density on the new parts being built? Is that the eight per acre? And is there any concerns about that?

It is an average over the entire development. Okay. So, no, there was no analysis on. Density in certain pockets or the new versus the old.

Okay. I'll make a motion to table.

All right.

I think it's on there. You want it?

The table from 1 table discussion.

Or I think sorry, I'm just going to point something out that I noticed tonight, which is that. And maybe this came up in the future land use discussions, but it's kind of interesting that we have, we use this world land use designation as sort of our mechanism for protecting green space. That that ag world designation has 0. Can it be conservation? So I just want to put that out. That's kind of. I don't think I'd really like thought about that until Matt brought that up during the with Davis application. That's.

There's a reason what is it?

Well, I mean, not to get us down a path that isn't part of this, but agricultural residential. 1 of the primary uses is ag land. All right.

So, but now I'm saying it's kind of out of date, right? Like, if that's our primary mechanism. Well, are you saying that we want every world and we want to be. Just doesn't say, right? I mean, we don't want that.

I'm just part of part of the future land use discussion was introducing the world residential category. Which would when, when we get to that point, having some changes to the zoning code with new designations, we would carry canopy requirements into those new patients.

Yeah.

And that does sound like a better concert.

Yeah.

Yeah. Yeah. Anyway, I just want to point it out. That's it. We're in a motion to table.

Here's the fair spirit. Yes.

Oh, yes, yes, yes. Yes, Lord.

Yes.

All right unanimously carries.

Thank you 5 minutes.

I know it's late.

We can take breaks whenever you want.

Yeah, 930 breaks all the time.

Are you people do this?

All right.

All right. All right.

All right. Last 1 in this bundle of 3, y'all this is a reason request for 1295 U. S. highway 29 North.

It is. This is comments only.

All right, so we've got some time to think about this. The request is looking for a future land use map change from neighborhood center to major corridor and a zoning map change from agricultural residential to commercial general. Uh, it is a retail development, including 2, standalone structures, surface parking lots and also 1 shared access drive. The application does mention a possible future variance for buffer. So that is something to consider. Also, this request is partial. It only covers 2.38 acres of a total over a little bit. 4 acres, this is where we're looking for contacts. We were talking about pine once earlier right here and this is where this this application sits. A little bit of context. So here is highway 29 North. This is the parcel we are speaking of, and there's a welcome sign for Pinewood. So you get a little bit of orientation there and this is the bus shelter. We were talking about a little bit earlier as well, which is right adjacent to the highway and on trail creek drive. So, future land use, we are looking again to, or the applicant is asking, excuse me to change to major corridor and y'all can see that it is adjacent to other major corridor parcels and just is surrounded by the neighborhood center. In terms of zoning change, looking to move to commercial general. And environmental areas, there are none on this direct parcel in question. And this is the plan that was included in the application again to orient us. We've got highway right here. We've got trophy creek drive directly to the West. 1 thing to note is that this share this access point that shared for these 2 residential structures also directly aligns with a driveway proposed for the additional mobile home pads that we saw in the pine woods application. So there were some comments on that in the staff report and something to consider. What did I say? Apologies commercial structures. These are commercial structures, not presidential.

Thank you all for your patience.

All right. So current existing conditions on this particular parcel. It is heavily wooded. This is the existing paved drive that we showed earlier in the pine woods staff report as well. And orientation wise, this is where I was standing, looking at Northeast into this undeveloped land. Again, context is the 2 larger neighborhoods we spoke about earlier this evening and this particular reason request is tucked right here underneath pine woods. It gets a little bit tiny and crazy, but the shared drive is just right on the border of those plans. Based on the application we have received, it is inconclusive on if it's compatible with the comprehensive plan. That is just because it doesn't include and it does not require any details on the exact uses. We're going to go in these retail facilities. So it's hard to measure it up against our goals since we don't know exactly what's going to happen there. It is compatible with the future land use map, the request to change to major corridor. As I mentioned earlier, it actually is directly adjacent to major corridor parcels on the future land use map. It also has a shared access, which limits curb cuts, which is a goal of the future land use effort. And also the development on this site plan, even though it is non binding does seem scale appropriate for the context. It is partially compatible with our zoning map and ordinance. The zoning change does move a currently non conforming agricultural residential parcel into compliance with the zoning change. 1 thing to consider is that the increase in lot coverage and tree canopy requirements could allow for development that compliments the surrounding area. But it also could allow for over development and loss of the green belt. So. And it's partially compatible with adopted government plan studies and programs, which was also covered in the previous applications around transportation and infrastructure. So staff summary again, this is comments only, so we are not making a specific recommendation for you this evening. We want to note again, the application mentions that there may be a buffer waiver requested at some point, but this application doesn't formally ask for that quite yet reiterating. It's a non binding site plan. It does have a shared driveway with the proposed pine woods pads that would need to be addressed in future applications and submittals we receive. And for future review, this is an old song at this point, we would need a comprehensive trans traffic impact analysis and in relationship with the other 2 special uses we discussed. And also we would need information on the fire suppression infrastructure and water access. So, previously discussed, and then we will end it on a larger view of the proposed plan. Thus concludes the staff report. Thank you.

All right now we're here for the applicant.

Mike Warren, 3311 Ivanhoe 3030327.

Um, so this proposal would be to allow us to bring a couple of. And what we're hoping would be like service retail for our residents. We've got some ideas. It's hard to market. Property is hard to get commitments from buyers. when you don't own it and you don't have it zoned. So we bought the property unzoned, I guess about a month ago from the lady that had owned it for a long, long time. And so we're starting through the process to try to get it entitled. We've had some preliminary conversations. People like the idea of being there. They like the number of residents that are there. Uh, so they think that's good. Um, a couple of things I'll just point out, Bruce, if we could go back to that other. Picture of the 1 of pine would maybe. That one will work. The one on the left, you can see there's a sewer line extension that runs right through the middle of Pinewood. It's probably one of the few places in the entire park where we can get a 20-foot easement, but we figured out how to snake one through there. We would extend that sewer line up. The sewer line would serve those homes up there, put them directly on county sewer, and also allow us to get sewer to the frontage there on 29th. Um, the water situation that we would tap straight into the county water there and so we don't. We really don't have any issues with with water. Uh, water at that location, anything else.

And this is just very brief, so we actually do have a letter from the. Saying that we do have capacity for water and so for this property. This is dated today, so you literally just got it. And to Mike's point, like, you think about any kind of modern development, modern community. A lot of what they have, they have residential in the back. Commercial retail in the front, so that it can help serve the community and not. allow a lot of traffic, you know, have people coming and going, going to get groceries and stuff. Now, to Mike's point, we're not sure exactly what we're gonna have right there, but that is the intent, that it would serve the community and hopefully, you know, keep them not on the road, going back and forth to Space Grover. So that's it, real short, but we would love your comments. And yeah, let us know if you have any questions.

Okay, thank you. All right, what do you call the comments? Right? So, yeah, so anybody wants to speak in support. Of the proposals 1 more time.

I'll keep it under 3 minutes. Okay. I'm a looker. See, I'm very King Avenue. I think, you know, when you think about a neighborhood and convenience, the families in these communities often are single car families. Um, maybe some have 2 car families, however, there's often someone at home taking care of children. And so their ability to walk somewhere to get what they need for their family. Is so this provides an opportunity should it be an actual, like, sale or retail opportunity right now? If you've ever been down high 2029, there are always people walking down that giant corridor and it is unsafe for them. So, I think as we continue to as continues to grow that corridor. We're just going to keep you're going to have other commercial buildings that are coming that way because of the growth in that way.

Thank you. Thank you. Anyone else wants to speak in support of the application.

Anyone want to speak in opposition. All right, hearing none what comments you'll have.

Sure, I generally. Like, it took me a 2nd, I think, because they were at centers kind of a newer. Land use classification needed to kind of understand what was the sort of difference between the 2, but. I think it seems totally reasonable and it would be really great if that could directly serve those residents. I agree with the. Person from the audience who said that so.

So, like, there's a, there's like a gas station on the other side of the street. Yeah, and that's zone commercial role. Is that what that is?

I believe that we have to pull our price. Yeah.

Why would this be commercial general? And the other gas station would be.

Well, if that property owner came forward and sought a reason. It might also the reason why we have commercial rural in the places that we do is. At the time of development, those properties didn't have access to sanitary sewer.

Oh, interesting. Okay. Okay. That's helpful. Yeah, my only thought was just a buffer. Like, how to separate the parking areas from where folks would be living.

Yeah, I think I'm generally in favor too. I think echoing what Sarah said, same reasons. I think it would be good to service the community there. So generally, I'm supportive.

Yeah, I agree with all that. One question I had, did I understand in the staff presentation that the shared access is a problem, that that would have to be changed?

Yes. So we don't Code doesn't allow for residential walls to be served by commercial drives. That sort of mixing of traffic. So it's a thing we'll work through with the applicant as we move forward. We brought it to their attention. You know, this is not a binding site plan. This is just a concept that they're showing for the rezone. So those types of things we can work through even in the plans review process, but we just wanted to bring that to their attention. You might have a shared curb cut. but then you'd need to have some sort of break in the traffic to not have that sort of mix of the commercial with the residential. Why is that? It's usually a safety thing. Frequency of traffic, especially, again, we don't know the commercial uses here. So if it was a Chick-fil-A, it'd be really crowded.

Because, like, looking at this, it looks like you see there's homes and there's the driveway that goes up to the home and across the street from us parking lot. So.

Just turn movements, you know, it's just, it's a different level of activity and it's not really compatible with residential. Turn, you know, activity, and if you have the front yard of somebody's yard, and it's a parking lot for. A commercial entity that's that's just not something that our design standards look for.

They can share you're saying a curb cut the initial part of the drive and just pass to.

Okay, just can't like, drive through a parking lot to get to an order. Is that kind of what you're saying? Yes. Okay. Okay.

Uh, huh. Well, that makes more sense.

So I'm here for what he does.

All right. Short and sweet. I hope that might have had more comments 2 hours ago. All right. So, moving on to bless your hearts. 1125 bridge red.

Uh, yeah.

Yeah.

Yeah.

good evening um so i'm here to address 11 25 new bridge road and their zoning application 2026061064 so uh this request is i'm sorry i'm really tired This request is is not actually a rezone. It's a type 2 request. They have 2 components to change. Requirements that were put on the reason that was done recently. So the 1st, 1 is just to change the name of the project from the address to bridge crossing staff does not have a problem with that. And the 2nd is a change of timing on the requirement for condition 5 for upgrading the intersections at new bridge road. From prior to gaining a certificate of occupancy to before beginning phase 2 of the development. So, this is the parcel that we're looking at. They had it changed previously. So you can see they've gone ahead and clear cut. The land there, it's going to be a suburban housing development. In our future venues, it is a single family residential. And the previous zoning was to change it to 25, so this is not changing that. It will still stay 5. So, the issue with it is not the parcel itself. And this is their site plan. is that they had agreed to make as a condition for their rezone to make road improvements first here at Vincent Drive, which is to add in the painted lines and to move where the stop line is. Um, to better control the traffic turning right and left, because it would now have 1 lane for each turn direction and then also to improve the intersection at new bridge road and Catholic drive. And this 1 includes quite a bit of pedestrian safety features. You can see the crosswalk there. There's also a refuge island that would be added just to get safer. Both of these intersections had quite a bit of. Traffic crashes, so we feel that this request is incompatible with the comprehensive plan because it delays the development of traffic, calming features, bicycle and pedestrian infrastructure and other transportation safety measures. Um. The future land use map doesn't address road improvements. So there's no changes there and the requested change doesn't. Change any of this zoning designation, so it doesn't have any impact on compatibility with the zoning map. Um. The last did provide funds to expand transit service on commerce road and the new bridge road corridor, because there are more residential being added in that area. And so that was part of our most recent last. Um, we are asking that, uh, the staff recommends the approval with the condition that they place funds and escrow equal to the cost of the street improvements is recorded and condition 5, as was described in the comments by transportation and public works. So.

Thank you. Now, I hear from the applicant.

All right, good evening. My name is Buck Bacon. I'm with W&A Engineering. Our office is located at 355 Bonita Street here in Athens, Georgia. I represent the developer tonight, Four Star, and our request is to amend condition A5 as outlined in our request. This project was resumed from to 25 in December 2023 and included 5 separate zoning conditions that were recommended by staff. What we're asking is to modify condition. Number 5, as outlined here, we would like to. We would like that condition to be modified so that it's a condition of the phase 2 rather than. Of all residential units on the site. And we have no objection to the condition that we provide a guarantee. The only ask is that this says escrow and we would like to propose the use of a performance bond and an amount of 125% discussed earlier today. And that's it. All right.

Billy, do you want to?

Okay, yeah, I came all this way.

So, yeah, no Billy chambers. I'm the development director for star. This is our 1st residential development and at the park and we're excited about it. I think we've worked well so far. With a CC with the staff with all the different departments. And getting to where we're at now, we're probably about 2 months away, hopefully from final planning the 1st phase and getting some new homes under construction. So. just excited we're continuing to look for other deals and other projects here that we can do down the road. One positive we did get, we got nominated and awarded the 2026 Stormwater Steward Award for ACC for our development. So I want to throw that in there. Thank you.

Thank you. Great. Anyone to speak in favor of proposal? And when you're speaking, that's it sure.

I'm not missing someone. So, okay. All right, we all think yes.

I guess I just have a question for that book. I'm wondering both of you wondering why. The original condition said that the improvements had to be completed in order to get CEOs for the residential units. It didn't say phase 1 phase 2. It just said residential units. Is there a reason why you. The condition couldn't have been modified. I mean, I understand sort of economics of this, but. I guess I'm worried that this puts us a little bit in a position of if you all decide not to do phase two, we don't get the road improvement. And so why not tie it to the COs of phase one?

Yeah, that's a great question. So there are some complexities here. I'm not going to belabor us, right? The condition that that we have to have these offsite improvements completed by the time we get COs for all of the residential units would delay the turnover of 62 new single family homes. The challenge that we ran into is the, and I'm gonna be candid a bit here, is that the plans that were originally approved for these offsite improvements Uh, did not meet transportation and public work standards, or the concept plans that you saw tonight and that wasn't discovered until 4 star and department transportation, public works realize that a few months ago during construction.

And so did that increase the cost?

It didn't increase the cost. It just meant that now the engineering team has to go back, re-engineer, re-permit, go through the plan review process, which is going to take another several months. Time and cost, yeah.

Okay.

And so the idea is that we have 62, I mean, as Billy said, we've got 62 single-family lots that are going to be ready to turn over and go vertical within the next two months. It may take six or seven months to design, permit, and construct these off-site improvements.

And so can you tell us for the edification of the commission how a performance bond would work?

Yeah, absolutely. So the developer for store would would purchase a performance bond from a firm company, financial body and that bond says that that we would evaluate would evaluate the cost of the improvements. So, let's say the improvements costs. 2Million dollars, then public works is going to require us to purchase a bond in the amount of. 125% of that 2Million dollars, and if 4 star fails to execute the work. Then transportation public works can call that bond and execute the work themselves. Okay, using, in fact, the same contractors in the same resources that 4 star would use. So it's a, it's a guarantee that these improvements get constructed and we're aligned with that request.

And so the proposed condition is that. Does it say anything about the timing of when you would need to do that?

It's the intent to move it immediately. Currently the design is already being engineered. Hasn't been finalized.

I was going to add to real quick out of those initial 6070 plus lots right at it. We're doing our commitment with the builder is basically 36 lots. Out of the gate, and then another 6 months, they would take the remaining. So you're talking. At least 12 to 18 months before all of those initial lots would even be. On the ground, our plan, like Buck said, is once the engineering is done, and it's approved through ACC, we're going to go ahead and do the work immediately. We just don't want that to hold up timing wise for them to get started on building houses.

So, let's buy you some times.

Exactly.

Yeah. Okay. I'm very excited about these intersection improvements, like, even more than the housing because I've heard. Yes, I am happy.

I just wanted to follow up on that same question. So, so timing wise, then the condition, if it's performance bond, rather than escrowing the funds. Then it would be this, like, you would do the performance bond before the CEO is issued for any of the residential. You're not asking for phase 2. in terms of the timing of the performance bond, it would be the same as it was

Yeah, we would request performance bond before getting this plat approved now.

Okay. Yeah. Yeah. Yeah. To be clear, we have a final plat that we have a final plat for phase 1 that is under review by Athens Clark County staff. Okay. And so we would issue this performance bond in order to for public planning department and public works, ACC staff to approve the final plat for those 62 lots.

The 1st 62 phase 1.

Right.

It has staff feel about the performance bond versus.

Yeah, the response is the way it goes.

Okay.

That's that's normal practice.

Okay. Okay. I'll make a motion. Okay. I moved to approve. With the condition that. with the first condition stated in the staff report, but with the words escrow's money equal replaced by the applicant provides a performance bond

To cover of 125% of the. Cost of construction activities, and then the rest of the steps conditions needed to complete the offsite improvements. Reference in the application. And then I guess it would just be 1 condition, and at the end of reference in the application, it could say.

Performance bond to be provided.

Prior to approval of the final class for phase 1. Think it was phase 1 to be performance. Sorry.

That's correct. Yep. I see. I follow what you're saying. Phase 1 planning work done before phase 2. That's right.

Yep. Okay.

Yeah.

So, it's 2 conditions. Oh, you want to you want to put in the name?

Oh, okay. I see. So so then the 2nd condition would be just as written in the staff for the proposed improvements. Shall take place prior to.

That was right. Okay. That's my motion. All right.

Do you have a second?

Yes.

All right. We're going to do a voice vote. Everybody, um. Yes. Okay. All those in favor, raise your hand and say, aye. All right.

Thank you very much. Thanks. All right.

Last but not least.

I'm working right now saving us like, 2 minutes. Nice job.

I like it. All right. Comment only when it does come time for action, it'll be a 2 part vote. We have 1 vote to modify the PD that is on the property and a 2nd vote to approve zoning in the overlay. It's been requested. So this is at 100 and 130 Newton bridge road. The request is to rezone from the EOPD on a portion of that PD and make it commercial general. And then to create an overlay for those two parcels that are coming out of the PD that would allow for a mixed use opportunity, but provide increased flexibility than the prescriptive PD. This would affect 19.47 acres of an overall 35 acre plan development. The original plan development had over 400,000 square feet of uses, uses that included a hotel, light industrial, commercial, multifamily, and some amount of entertainment use. What we're talking about here is an almost 235,000 square foot shell of the previous factory use. The applicant is asking for the ability to use the existing paved areas to create 462 parking spaces with a cap of twice that, 924. And then to preserve three and a half acre plus or minus of green space along the frontage along Newton Bridge. So, here's an aerial view of the property area shaded in aqua for lack of a better way to describe that is what would remain in the plan development that is already built. So, that aspect of the plan development has been executed. So, we have multi family construction there that fronts on Newton bridge, and we have warehousing use that is largely used by Terrapin. But. We also have Wayfair, I believe in there as well. Uh, so the southern part would be what's coming out of that PD. And then a little more context of where we're talking about here. So everybody knows the general time site. Future land uses town center that's in the new, the 2045. Future land use map that's not being altered by this. But this depicts the change in the zoning. So, on the left is what we currently have on the right would be the end result if approved. So we would have CG zoning plus an overlay on the South. We would have existing PD on the North. Depiction of the environmental areas, we have 100 year floodplain very nearby here. I believe this depicts both 100 and 500. so the blue is 500 year floodplain. The green is the 100. so nothing impacting the subject area that we're talking about. And then the applicant provided a survey of the property that shows existing improvements as the site plan for the submittal. So some photographs of the site. Here you can see that existing parking, the existing factory structure. The applicant also provided photos that are in your packet of the interior also of the building and some of the state that it's in presently that they're hoping to address. Here's the rear of the property. And then this photo kind of shows that transition moment. The photograph on the lower right, The, the, the side of the images is that sort of finished. Portion of the PD, the implemented PD, and then on the left hand side is the wall of where. Part in the overlay of approved would begin. Some photographs of what we have out there in the existing. Executed PD overall. What's gone in there has has done what the PD was intended to do. Stormwater facility, so relatively attractive. Stormwater facility, this is the area of the front lawn and some of that parking area that would be opted to remain as part of this overlay. And I'm going to show you a series of images that show the PD as it exists today. So this is the entire concept plan for the PD as approved. Here, these images, these drawings are the architectural treatment for the buildings that would be in the proposed overlay. So the PD presently has this architectural treatment for those structures, keeping the bones in place largely, but then there was some facade work, some modernization. So that larger element that you see in the top image was an addition and then kind of a refreshing and re-imagining of the openings. And then here's some renderings of what that would look like. So this is the corner as it would face the intersection of Newton Bridge and Chase. And then kind of pulling back from that view, the existing factory structure with the remodel is still in the center of the image, top and bottom. And then to the right is what is proposed in the PD is a hotel. So comparing the existing PD versus what's proposed in the overlay, this is what this chart is attending. What I want to make clear in this summary is the existing PD numbers that you see on the left are just for the portion of the PD that would be in the overlay. So this is a one-to-one comparison of acreage Um, because we, we kind of removed the stuff that had already been built. So the existing PD area, 181,000 square feet would be anticipated. The proposed overlay. Would increase that by another 50,000 plus. Residential was not proposed in this portion of the PD. This overlay is seeking to allow for those things and not just residential, but ground floor residential. It's 1 of the things. Can we know a lot of event space provided in both. In the PD, it was a little more specific, which is what PDs are, more specific. The overlay is flexible. Parking numbers, so 662 in this portion of the existing PD. The overlay would have a minimum of 462, but the potential for 924. The plaza and the pedestrian areas, again, flexibility versus prescriptive. Uh, there's no hotel included as part of the proposed overlay. But the CG zoning would allow for it. Maximum building height, the request in the overlay is to increase by 15 feet. Pre management plan. Again, PD is prescriptive. The CG zoning would call for a tree management plan if code requires it. So the code would do the heavy lifting on that. Stormwater infrastructure, in the overlay, that would only be needed if the triggers for requiring stormwater were hit. And so that would be 5,000 square feet of new or an acre of disturbed. Got it right. And then connection to the future Greenway. So the original, the current PD showed a connection to a rail bed across the northern edge. That was not developed as part of the multifamily or the warehousing. Instead, it was pushed down to be implemented when the other half of the PD was built. If that PD designation goes away, we have an unbuilt. Future Greenway connection that is part of the PD that would remain in some part. So, resolving that is still a conversation to be had. The applicant has proposed even an abbreviation for the overlay, which staff appreciates. So the WCX, the West Clocks overlay. This is a summary of what those elements would include. It would only be on those two parcels. It would allow for CG zoning to do most of the work in determining which uses for in the overlay. But there's a number that the applicant is suggesting should be prohibited. Those are listed here. also asking to kind of expand the list of uses to also include commercial outdoor recreation wholesale nurseries light manufacturing sale of products grown on site and the ground floor residential like i mentioned um they are requesting that this overlay have the ability for 50 bedrooms per acre which is the rm3 density cg zoning without the overlay modification would be 24 beds per acre. So slightly more than double. Maximum building height of 80 feet, floor area ratio maximum of 3.0. So floor area ratio is the amount of building as a ratio of the amount of square feet of lot you have. And then a unique allowance to allow for up to 12 special events per year. They have parking ratios that that they've requested as part of this. That would be unique. So, 1 space for 1 and 2 bedroom units, but for 3 bedroom unit and up. Be 1.75 spaces code right now would call for 2 spaces. For the 2 bedroom units and up, so that's a reduction. In that residential parking calculation, I mentioned the. The ability to double the current amount of parking up to 924. And then the request is also to not have to meet the standards of our parking chapter other than providing for ADA compliance. So those standards that are in that parking chapter are inclusive of parking lot trees. And the dimensional requirements to make them safe would still apply, but all of the other facets of 930 would not. The goal here is to keep the existing paving in use. So, some considerations that staff found and looking through this, we do have some code. Compliance things to think through making sure that the parking change is necessary that we haven't really found. Maybe there's an opportunity for some sharing. It won't need to go up to 900 plus spaces. There are no additional transportation options that are being recommended with this, but this is in a site where presently transit doesn't serve. The route availability there has potential, but this development would need folks to be able to get in a car to get most places. And then talking about the greenway, as I mentioned before, got to resolve that. If it goes away altogether, we need to say that out loud. If it's going to be accommodated in some other alternate alignment, this would be an opportunity to to think about that and make it part of the overlay. Again, this is for comments only and that's the end of the staff report.

Okay, thank you. Now, we're going to be able to.

I don't know what you want up there. Maybe the PD. You got it wrong?

Yeah.

Okay.

Thanks. Good evening. So following Russell Edwards, 400 Duncan Springs Road, Athens, Georgia. Thank you. To answer Bruce's questions and to begin this dialogue, I would say for the parking question, importantly, We, as Bruce mentioned, we don't want to pave any more of this site. This is a beautiful site. It's right up against Newton Bridge Road, has a lovely grove of magnolia trees. We planted five really nice magnolia trees a couple months ago that came from the core project. We transplanted them with a big truck, got them right by the multi-use path. You can see the PD has a very large asphalt lot right there. A couple of them that get added on to this development. We don't want to do any of that. Yeah, right there. That's the magnolia area. That's all a parking lot now. This area down here is all wooded with a pump track that Sorba has a partnership with us to maintain. That goes away. There's a ton of parking right here, as I said, 462 spots. We had to put in like a maximum number because. I forget what that was, but we basically, you couldn't have a. Why did we do that? Bruce? Do you remember you contacted me? We had to put in a parking maximum for some reason. So I don't remember Robert, but anyway, we put in a parking maximum. So, but basically, we don't want to pay any more of this lot. Because, of course, when you pay that, then it triggers all of the stormwater requirements that. You see here this reservoir, this subterranean 1 and 1 here under the. That adds millions of dollars over a 1Million in horizontal costs before we ever get a tenant to try to. Renovate and bring this old worn out clock plant back to life in the PD. You can see they want to build a road through here. We basically just want to maintain the building as is and do everything we can to build it back to life. We don't want to demolish the building. We find that the walls are stout, masonry, well-built, solid. It's on a concrete slab that's in pretty good shape. The roof is totally shot. The roof is gone. It's going to be very expensive. It's a quarter million square feet. It's almost over four acre building. It's vast. So, that's where the ground floor residential question comes in. We made if we go after tax historic preservation tax credits in this district, we want to keep that roof line. As much as possible, because the reviewers want to see that the facade is maintained. So, if we can add residential ground floor. We want to bring residential to this lot. We want to bring people that live in this area to help activate and make this building make sense. The reason we bought this building. Is because. There's 3 of us, we all have kids, younger kids, and we just feel like we need more 3rd spaces, fun places for families and kids and all people to come together and have fun. So we created this LLC called. Fun town, and so anyway, that's what we want to do here. The overlay gives us some accommodations like Bruce mentioned with the outdoor recreation. That's not allowed in commercial general. We had somebody talk multiple people talking with us about a putt putt. Concept Athens, and I have a putt putt course all of a sudden people are rushing to build putt putt some other ideas that have come out. We've had folks interested in possibly selling plants on the on the property. So. I'm open to any questions right now. We're basically just fixing the roof slow and steady. And we're looking for basically. Some grace to be dismissed from this binding site plan, and to give us an overlay to bring more residential density to this town center. Under our future land use map, we want this to be a town center. So we want to bring people. But we want this to be a people 1st, people friendly space. We don't want to asphalt over any more of it for car storage. We want to maximize the green space that exists right now and keep hosting these fun events. Like the indie South fair chronic fest and we're going to have a back to school event on Saturday. August. 1st was slipping slides in the front yard. So. Yeah, let me jump in because my partner Chris.

Hey, Chris Jackson, 987 street. She wants to say I'm on the and you guys are saints for. How much harder this job is. I guess to add to Russell's point, so this, this property drew me to it as a historic preservation consultant. I've got a small firm here in town. For young children, we're looking for that fun town vibe out of this property. We understand what a PD is. But I gotta say the previous owners had a shot at this PD and they had a lot deeper pockets than we did do. And they couldn't make this work. They sold it for pennies and I mean, it was a lot of pennies, but they tried. And this PD, in my opinion, after spending more than a year trying to underwrite this thing and figure out how to skin the cat, Um, basically, I think the binding site plan. Is truly the reason that the building is in. Demolition by neglect right now that's based on the economics of it. That's based on trying to find a way to keep rents as low as possible so that we can get actual entrepreneurs from Athens. To come to this place. And so that's our goal. I think that what Russell's cooked up here with staff is the right approach and I hope you guys just consider that in your deliberations and on the next round and all that.

Thanks. I just brought something to my mind that Bruce raised some of the staff questions about the. There is some bus service here. There's a bus stop that was built to the PD sort of along that driveway connection between the Newton bridge has 1 new bridge and dairy pack and up at the entrance to way fair. Also, we've got some brewing plans with the Newton bridge corridor, hopefully. Right sizing that road slowing traffic down so we can put crosswalks to Terrapin and also. There's the plan to build the multi use path from. Oh, Nita to Newton bridge road, you know, and hopefully. There's going to be more improvements that go all the way to Prince. So, Prince. Down Barber, past Boulevard, you keep going through the chicken plant all the way to this spot.

And the GDOT project.

And the GDOT project bringing two roundabouts and new sidewalk on Chase. So it's our position that... We wanted to build this as a people 1st transit bicycle. Autos, if you have to in this 1 designated place that already exists.

And go from there, you want to speak to the. The easement for the connection to the green.

So the connection, the greenway, we. I love the green way. Like, absolutely. We want this thing to be built. We want this place to have that opportunity. We don't own that land. So, I mean, we're, we're open to. Discussing how that connection, how that happens with the survey. Right there.

Yeah, so that is that dog leg that goes out towards I mean, for 1, you got to cross the river and you got to cross a railroad track that's on privately. But that's not our land, right? So we only own. Those parcels, the 19 and a half acres. Versus so you can see that line kind of this is. That's the easement for that multi use connection to the Greenway. It's on the PD. Our land stops here. So we didn't buy any of this. So, I mean, it doesn't need to be resolved, obviously, and we would want it more than anybody. Probably. We want it. And if you guys can figure out a way to.

Like, get over a railroad track and, uh, well, I mean, Bruce, is this to, is this a thing to the, to that rail line? Right? It just goes to the rail line, then go over the river to the greenway. No, no, no, just to the rail line, but ultimately, you know, okay. That's right. I mean, we would support that some of the jumps out to me is is tab. You know, this is in a tad district all of Newton bridge tab that that would be a beautiful proposal.

100% support yes.

Anybody for anybody, I guess. All right, so I get that a little bit. Okay. So.

So, I have a question on that land that strip.

Yeah, the previous.

Yeah, no, it's not the previous owner that we bought it from. They sold to the folks that did the 30 acre PD sold. Both of those other 2 parcels. Yeah. Yeah.

So, but I think this would be the. The Terrapin Terrapin people.

Yeah, it's a guy that lives in Texas, Texas guy, but they own that strip.

You're talking about, like, that does that that is being thrown out there. Does anybody on that? Or is that?

Yes. Yeah. There's not an easement on that.

It's part of the rest of the property that's still part of the parcel.

So the Texas guy.

I don't know if he's actually from Texas, so just to clarify that Bruce, the. That green strip up at the top is part of the original CD and the is that right? Yeah. Part of the original PD. Required. the owners of the original PD to provide access to a future Greenway extension?

I would say this required whoever was developing the PD, whether it was the current owners, next owners, didn't matter. That is a binding element of the PD. We can enforce it.

The county has the right to connect over that land to a future extension of the Greenway.

Is that right? I, we can look into that.

Um, I, you know, we don't have. It wasn't it was a private obligation to provide that connection. It was not a public.

Obligation private meaning the owner meaning whoever when they sold it, that went along with the land and. So, it is a binding element PD and that that binding element is not going away as part of this proposal. And so so did I understand the applicants to say that that sort of long. Stormwater your thing that's yeah, that that that ends 100 feet or so before you get to the. He's meant or. Yeah, your property line ends there, but presumably the county under the PD zoning. Has the right to get from there to. The railroad tracks across that green strip.

Right if and when we find tab money to extend the greenway and a county doesn't have right to do that because we don't have ownership of it. We have, we have a zoning obligation for the private owner. Developer to build it. But the county doesn't have any obligation or right.

They just haven't done it. Right.

And we didn't condition that PD and it was punted to later phases of the PD, which are in the properties that. Are part of the proposed overlay to come out of the PD, but it was pushed off until those phases were developed.

But all we could do for this proposal is like.

Expect them to go to the, to their property line with. Access to connect to a future extension across this. Other person's Texas guys property.

So so the, the issue at hand is. What's left in the PD has been built so there is no other aspect other than the greenway connection and. Those current owners of what's been built weren't handed that obligation as part of that sale. So, we have, we have a private understanding and we have some zoning expectations and so the zoning expectation for completing that connection was with the completion. Of the area to the South, if that comes out, we have some choices to make. Either the Greenway connection goes away as part of the amendment of the PD, because that's what we're doing. We're amending the PD. And so, if if the owners of the north side aren't under any obligation to provide it. Because it was consciously moved to a later phase and if that later phase comes out of the PD. 1 path is, it's no longer part of the PD, but that would need to be set out loud. We would need to make that plane or. If the intent is to, we're not going to get it up there because the current owners don't have access to go up there and they haven't put together an arrangement with the current owner to do that. Then an alternate alignment, we have this happen around town. Rainway connections happen along the right of way. Now, I'm not going to sit here tonight and say that it's great. to have on Dairy Pack a multi-use path that goes along past the Georgia Power Facility and some other trucking traffic to get to a future Greenway connection. I don't know that that's excellent. But some other alternate way to get to the Greenway could be considered as part of this action. So it's either get rid of it, find an alternate route, or execute some agreement where it follows the current PD, remains in place, and that's how the connection's handled.

This necessarily removes it. I mean, we'd have to say that. But why would we even be talking about. Property that this applicant doesn't own because it's in the PD.

And they're amending the PD, right?

And so would this strip come out of the PD or not?

If it was part of the proposal, it could, we're already amending. We could request that.

We're already doing that with if we don't take the Texas guys personal out of the PD. Then he remains under the obligation. Of the PD to connect to the to the greenway, right? The trigger for that. We'd have to create that.

What is it doesn't exist?

So, I mean, we can't make him build it, but he.

No, because it would that that section was, and then on the rest of the development happening, but if the rest of the development doesn't happen, if that's all removed from the PD, then it makes the rest of it. A moot point, like, it's void because that point that part doesn't got to create.

So 1 amendment could be a new trigger. So it could be so maybe any change of use. Of the North, like, or any or yeah, and again, it's late. But any sort of other opportunity across the top, or the other kind of approach would be right to enter for some publicly funded connection to come at some point in the future, which has not been programmed or funded.

So if we're amending the PD, could we remove the trigger that required that other phase of development to happen for that green connection to happen?

Yeah, I mean, that's these are the things we have to sort through.

So. I've got some other questions, but it sounds like what I think he said, and this is. What to grasp, I think the bottom. The whole group, so the top half. Off, but held the trigger for. The connection to the green way. In other words, the trigger is.

I don't think we thought of it like that.

It's the other way around.

It's still the bottom.

Yeah, they. The development group didn't do the green space connection with the warehousing phase, which came 1st, or the multi family phase, which came 2nd, they didn't do it, but they didn't have to. Because there was nothing in the PD that said when you do it. Right. It was just as part of the PD. Before you finish the PD, you got to do this green space connection. So in that way, the PD perhaps lacked a little sophistication for it because the assumption was, well, you're going to do all of it.

Right. I guess what I'm trying to get. So the top part that was sold off and built into apartments and Wayfair, I think. Is they've done nothing for that? Of course. And they are or are not obligated to pitch in when it is time to do that.

We don't. So.

That's where I think. Yeah. Yeah.

Somehow they're, they're not. This is why we have to talk through. They're not under an obligation to build it because the. southern part of the property was going to carry that out that's kind of that's what i was calling the trigger i may have called it the wrong thing but but the intended route was across the northern part correct and so are they obligated to like allow that the pd says that yes okay the pd would say yes to that that that's that would be hard to make a right yeah yeah they would have to allow it they have to allow it but they might not have to do it

point out though real quick before we, is I love this idea. Like, I think we're getting, we're focusing on this one thing, but like generally speaking, this is awesome. I hope this can happen because I think it'd be great. Also, I went to the holiday market this year and I loved it. And I kind of wondered why you would, there was a slide in there about like limiting to 12 special events a year. Why, I mean, I mean, you volunteered that and does that have to do with providing some reassurance to future residents that things are crazy all the time and events or.

You know, we had to, we just kind of had to do our best and come up with the number. And. I, you know, I'm a flawed human and I don't know the recipe. Well, I guess that's going to be one second, but I don't know the recipe. That's going to create the success here. That's part of the reason why the binding site plan in our argument is not working here. We don't know the master plan for 20 acres for town center. We want some flexibility and some more organic CG as it exists allows 2 special events per year. So we said, okay, maybe we'll maybe we'll allow for 1, you know, every month. Well, you know. So that's kind of thinking behind it.

I would. Unless there's a strong argument against, I would maybe raise that number because what if the special events become an important revenue stream. Or the place, and I don't really know exactly how we define special events mode. So maybe something kind of small. Doesn't rise to the level of that, but I would maybe say, like. That that you might not want to limit yourself to that, because that might be important. So. I don't know, maybe you double it, maybe it's 2 things a month. Which seems a little more like, I don't know, but I would that would be 1 thought I had and. We can go back to the green way, but I, but to me, what's important is it seems kind of. Kind of strange to. Um, I mean, if you all can can figure out some way to. Communicate with the property owner, or if there's some sort of agreement that could be reached about. The future Greenway, maybe like that there's some sort of. Memorandum of understanding that we're going to work together or something. Like, that would be to me, that would be enough because it seems unfair for us to. Require something to happen, despite the fact that it's part of the original PD, but you require something to happen on the property that you don't know. That's I don't see how we could do that. I think we're really just talking about this overlay. It is a good lesson for us when it comes to PDS. We don't really talk about triggers. We've talked a little bit about, like, requiring something to happen 1st. But I don't want to see this great idea get. to sideline by this Greenway connection, which maybe was sort of the fault of those of us who were working on the PD in the first place.

Thanks. This is the most we've talked about the Greenway connection tonight.

You never know what you get when you come over here.

We can really dig on those details. Thanks, Bruce.

I was going to comment on the green way, but I'd be okay with it. Going away, you know, I mean, the green was not there yet and it seems like a hassle for. For them to have to deal with, because it's not their property. So, honestly, you know, that might just be wanting to cut and at a loss on that 1, I would, I would get rid of it.

I mean, yeah, there's no, you're in a possible situation.

Yeah. Bruce said there's other ways to connect it. If we had to, you know, you could go down and who knows how many years it's going to be before that happened. If there's ever a green point.

Correct. Yeah. So I wouldn't let it get seems unreasonable to expect to even even to adapt.

It seems like you just got to get rid of it. I don't. Yeah, no action. I'm agreeing. We're going to be fine for me. I have no idea. What are your thoughts? Um, well, so 1st of all, I, I big picture, like, Sarah, I think this is, this seems awesome. It's obviously not billable or the. Folks that did the 1st half would have built. The 2nd half, right? So the PD. When a PD is not billable, we got to fix that. So getting rid of the PD makes sense. I love the. Idea and that, you know, the use of an overlay district to provide some zoning flexibility is a really. Good way to do it and all of the things that you were asked. Ground for residential 50 bedrooms an acre that all sounds right to me. So I'm on board with all that. I agree with Sarah that. You know, why not do 24 special events a year? I bet when you start doing them. If they're successful, you're going to want to do more. So, so, yeah, you know, a couple of month feels like, oh, there's always something going on out at fun town. You know, and just people start to think of it more. So, so more regular makes sense to me. And, yeah, I mean, just. Spent more than enough time probably talking about the green, but I'll just add 2 cents on that, which is. You can't. uh be responsible for connecting to greenway across adjacent land that you don't own um if you're able to work out a solution with the owner of that north parcel where you get an mou with them where it's like we're going to cooperate in seeking tad funding and we'll each provide access across the portion of our land that's relevant with the understanding that tad funding would be used to actually construct the improvements at the appropriate time You know, you get something like that is sounds great rather than just axing it. If you're able to work something like that out, that sounds more than happy with that. And, you know, I don't think we can expect you guys to do anymore at this point, because there is no greenway there.

So, so I have a slightly different view on this. Like, I think this note of town is really important. It's not really established yet, but I think 1 day, it's going to be pretty phenomenal. And 1 of the benefits of a PD and I realize that this PD, the way it's set up right now is not. It's not functional is that it gives some. Assurance of the direction that you're going in, because you've got an ordinance just for this piece. You've got a site plan. That should, I mean, that's the start and it should be able to morph as, you know. Externalities change market change people understand what needs to happen there, but, you know, in just a normal zone. If you decide you don't want to do this anymore, then we've lost. This this cool new node, because we have nothing to govern it. You know, the PD, you know, you. modified the site plan, we would have an idea of what's coming to this really important place. And so I think that there are nodes in Athens that that really matters for, and I think this is one of them.

And I think you probably realize that because that's why you're attracted to it.