Planning Commission - Regular Meeting

Uh the development shall of the property shall comply with all development standards and regulations set forth by the city of Augusta Richmond County as amended at the time of the development and no vinyl sighting shall be used on the single family detached portion of the development. The property owner um is also requesting modifications of special exception SC2-14 as town homes are no longer proposed in the revised concept plan. However, a reduction in lot width is still required in accordance with the comprehensive zoning ordinance. The development will create a new main entrance on Windsor Spring and utilize the existing roadway Lucy Street as a secondary access point. The site has access to public water and sanitary sewer. According to FEMA flood insurance rate maps firm, the property is not located within a special flood hazard area. According to the GIS map layers, there are no wetlands located on this subject property. Public transit is not currently available in the vicinity of this section of Windsor Spring Road. And according to the Georgia Department of Transportation GOT, state functional classification map of 2017, Windsor Spring Road is classified as a major arterial street. Previously, the traffic engineering division indicated that a full traffic impact study would be required. The study has been completed since 2024 and the project's engineer is working with the city to complete necessary upgrades along Windsor. Um, adjacent zoning districts include R1A1 family residential, R3B multif family residential, B2 general business, but R1A is the predominant zoning district in the area. The proposal is consistent with the Augusta Richmond County comprehensive plan of 2023 and is compatible with the surrounding zoning districts and existing land uses. At the time of completion of the report, staff have received inquiries regarding the position petition as advertised um but

not notifications of opposition. And then um we did not receive or reach out to other departments for comments just because this project has gone through e- plan site plan review already for one revision. So all um comments have already been given directly to the project engineers um through that review. Um and that concludes staff presentation.

Thank you. Is the petitioner present? All right, sir. If you can come up and give us your name, address, and uh any additional details on your items. Burden Fine, Cranston Engineering Group representing DG Land Investments for 52 Ellis Street, Augusta, Georgia. Um just to clarify a few things, I know a man miss Cruz had thrown a lot of information at you. Um, this project came through resoning in 2024 and was originally proposed as a max density layout having 234 units total. Since that time, the developer has closed on the property. They now own all five parcels out here and a builder has been selected for the project. We've done a tremendous amount of work on this this project. Um, we fully designed the site, been through the initial round of review comments with city staff, resubmitted the plans to them. Um, and in that due diligence and going through the process of selecting a builder and for various other reasons, we removed the town homes from the plan and are now proposing 174 units. And with that revision, several of the original zoning conditions put on the project do not no longer apply. Um, particularly original items number 6, 8, and nine. Um, eight and nine relate to parking. Um, eight reads, the development must comply with the minimum parking requirements. and nine reads, "The development must provide guest parking spaces in the town home section of the development." Um, in the review process,

um, staff wanted to abide by these two conditions where we would have had to provide 87 surface spaces around the neighborhood, which doesn't seem feasible. So what we would like to propose is removing those two items from the conditions and adding one that is more specific to the project being that each lot is to have two surface spaces and a twocar garage associated with the home which gives ultimately four spaces per lot. Um we've provided a parking detail in our application um that shows a the two general um product types. There will be various product types um but these are the two um prototypes um with four cars parked on the lot, two in the garage, two on the driveway. Um there was also an error made when finalizing the zoning conditions on the open space. Um if you go back to the minutes from the original meeting, we had agreed on 25% of the property to be open space. Um, and that was correctly noted on the special exception letter, but on the zoning condition letter, it still states 30%. So, we just want that cleaned up. Um, and so that both read 25%. I'm hope I didn't confuse you all, but if there's any questions you may have, I'm happy to answer um provide any detail. Commissioners, do you have any um questions of the petitioning?

Are you going to build this in phases or is this going to be uh

Yeah, so the current plan we we are permitting the project as a whole. Um but based on some of the zoning or the phasing requirements um particularly enforced by AUD we have in included a phasing plan into the plan sets which show the sequencing of construction through three phases. Um so we're expecting three phases. First being I believe is 74 lots. Um the second being around 50 and the third the remainder lots. Additional questions from commissioners. All right. Seeing none. Anybody in the audience um oppose this project? Okay. All right. Seeing none. So, um let's do this. Let's deal with the Z-26-5 first. Can we um get the staff recommendation for that one first?

Mr. Chairman, um the special exception won't the special exception um is should be second, not first. Yeah. So, we've taken the the resoning first. Okay.

Yeah. Yeah. which is the C the Z-26-5. Yes. So, let's hear the recommendations for that one first. We'll take an action and then we'll go to the special exception. Okay. Recommendation. The planning development staff recommends approval of the request amended with the following condition. There shall be a minimum lot with width of 45 ft. The maximum number of dwelling units cannot exceed four units per acre. The single family attached portion of the development must have alter alter alternating elevation with at least three different facades all alternating. Sidewalks are required and on both sides of the street. The development shall provide a minimum of 10ft buffles along the side and rear boundaries of the original track and shall comply with the Augusta tree ordinance. The development must provide at least 25% open space and a covered male kiosk. The recreation amenities include but not limit to park, gazeos, and picnic areas shall be provided within the development and installed prior to insurance certificates of occupy for 50% of the dwelling units. Walking trails must be integrated throughout the development of the insured connectivity. All single fan of driveways shall be wide and long enough to provide two driveway spaces per lot and all homes shall have twocar garages. Approval of this resoning request does not constitute approval of the conceptual site plan submitted with the resoning application. The proposed development shall obtain site plan approval in compliance with site plan regulations of Augusta, Georgia prior to construction commence on this property. The development of the property shall comply with all development standards and regulations set forth by the city of Augusta Richmond County, Georgia as amended at the time of development. This concludes staff's recommendation.

All right, sir. Do you accept those conditions? Mr. Chair, I got one one thing. Okay, Commissioner McNight. I want a little clarification because this does not seem to say that they're limited to detached dwelling.

Okay. The way I read this town saying that that's not an option. The way I read this is they've this is the first time I'm seeing these um new conditions, but as opposed to having a 26 ft minimum lot width, they're now holding it to 45 foot, which wouldn't allow us to do attached housing. Um unless you had 45 foot wide attached units. No, this is is this something is the staff comfortable that they're going to just put single family detached in here instead?

All right. So to the petitioner, do you accept these conditions? We do. All right. Chair will entertain a motion. Move to approve this chair. Second. All right. It's been moved and seconded to approve um Z-26-5. All in favor? I. Any opposed? All right, that one has passed. Now, let's deal with the special exception. Um, SE-26-5. Can we can we hear the recommendations for for that one for the special exception? These are the same recommendations from the previous one as well. All right.

To the petitioner, do you accept the same recommendations for your special exception? Do you accept the same recommendations for your special exception as well? We do. All right. Chair will entertain a motion. Move to approve, Mr. Chair. Second. All right. It's been moved and seconded um to approve the special exception. All in favor?

Any oppose. All right, that has passed. All right, let's proceed to our last and our last item. Special exception 266. Okay. SE-26-06 a petition by Linda Williams on behalf of Tay Soup Meers Trust requesting a special session per section 26-1H of the comprehensive zoning ordinance to establish a family personal care home affecting pro property containing approximately 0.19 acres located at 3638 state court zone R1C one family residential staff represent

Amanda Cruz planner Mayor 1. The petition concerns a 0.19 acre property located within the Pepper Ridge subdivision and is currently zoned R1C, one family residential. The site is developed with a one-story 1,172 ft residence constructed in 2003. The applicant is requesting approval of a special exception to operate a family personal care home serving four clients. The applicant will not reside in the residence. Instead, the facility will be operated by on-site staff. The property is located within the South Augusta character area. The 2023 comprehensive plan envisions the continuation of mixed housing types at low to medium densities in order to preserve the predominantly suburban single family residential character area. The application proposes to establish the personal care home to serve the four residents with one staff member assigned per shift. The residence includes three bedrooms and two bathrooms as well as a living room, kitchen, dining room, and laundry room. No additions have been proposed at this time. There are no other licensed family personal care homes within 1,200 ft of the subject property. According to the Georgia Department of Transportation G dot functional or state functional classification map of 2017, Stanton Court is classified as a local road. Public transit service is not available in the vicinity of the subject property. Public water and sanitary sewer are available to the site. According to the FEMA flood insurance rate maps firm, the property is not located within a special flood hazard area. According to the Augusta Richmond County GIS map layer, there are no wetlands present on

the property. The proposed use is compatible with the surrounding land uses and is consistent with the 2023 comp plan. At the time of completion of report, uh staff have not received any notifications of opposition to the petition as advertised. And we did not receive any comments back from um any of our engineering or utility departments. And that concludes staff presentation. Thank you. Is the petitioner present? All right. If you could come forward and give us your name, your address, and any additional details on your pro project.

Good afternoon, Madame Chair and members of the board. Um, my name is Linda Williams and I'm here regarding about the property on 3638 Staten Court, Augusta, Georgia 30906. Um, the property is owned by my mother, Tassuk Meyers, who is present and fully supported of this request. Due to her language barrier, she has provided written authorization for me to represent her in all matters related to this application and hearing. I am requesting a special exemption to operate a small non-medical family personal care home serving four adult residents who require assistance with daily living. Staffing will meet Georgia Department of Community Health requirements, ensuring residents are cared for in a safe, quiet, and residential environment. The home will maintain the appearance and character of a single family residence, no exterior changes, no signage, and all parking is accommodated on site for up to six vehicles. The property is not governed by a homeowners association and all operations will comply fully with state regulations and licensing licensing requirements. I have prior approval experience at 343 Kensington South Drive where I submitted a familiar request and fully complied with all board conditions. This special exception represents a compatible residential use that addresses an important community need while respecting the surrounding neighborhood. Thank you for your time and consideration.

Thank you, Miss Williams. Um, commissioners, do you have questions of the petitioner? All right, seeing none, anybody in the audience object to this petition? All right, sir. Do you want to speak on your uh opposition or you just want us to note that you are in opposition?

Okay. All right, sir. If you can come up and give us your name, address and you have a balance of 10 minutes. Thank you. My name is Edward Jefferson. I live at 3206 Darwick Drive in Pepper subdivision. I've been there since 1992. Good afternoon. I'm here to request that you disapprove the request for a personal care home at Pepper Ridge subdivision in South Augusta. We are inundated with a lot of personal care homes in different parts of South Augusta. This home is a five bedroomedroom, correction, five room house with three bedrooms. I think they said it has six rooms if I'm not mistaken a few seconds ago. And it's an oult sack. One person cannot come into a neighborhood and dictate what the other people has to put up with. When I say that, I mean you one person comes in and want to resone requests to change it from R1 to business. We have over a thousand homes in Pepperidge. If you do that, that means that anybody can come in with a business, any type of business, because you set the precedence for that to happen. This is a business. The bottom line is for them to make money. It's not for the neighborhood. It's not to keep the value of our homes up. It's a business for them to make money. I did not move into Pepperage to have businesses in my neighborhood. I moved into Pepperidge to keep my family in a safe, nice environment. Yes, Pepperidge have its ups and downs, but

95% of the time, Pepperage is a good neighborhood to live in. I was part of the Pepperage Neighborhood Association when I came. I retired from Fort Gordon. I came in, they had a neighborhood association. I got involved. I became new treasurer and I stayed the treasurer from 1992 until last year. I gave it up to a younger group. And I told that younger group, hey, when I say younger group, I'm talking about younger citizens. When I came in, I was 45. Now I'm 76. And I told that younger group, come in, take charge, and keep your neighborhood a neighborhood. Like they said, they don't live in Pepperage. They didn't come to none of the meetings. We put up signs every first of the month because we have a meeting every second Tuesday of correction, Thursday of the month. They haven't been to any of our meetings. They could have came in there and said, "Hey, this is what we proposed." And we were told them no at that time. We in South Augusta wants the same thing that everybody else wants. Nice neighborhoods, nice amenities, and enjoy our part of Augusta. That's all I have. If you have any questions, I'll try to answer it for you.

Thank you, sir. Um, commissioners, do you have any additional questions or comments before we move to the staff recommendations? Yes. All right. Commissioner Davis, you go ahead. Oh, that was Commissioner Prince. My apologies. Commissioner Prince.

Yes. Uh my concern was that she said that that uh when she was speaking that they did not have a home association in Pepperidge and he's telling us now that he was the treasurer and he's been a member of the association since ' 92. So, as as he said, why haven't they checked with the home association to make sure that they were in agreement with it or at least approached them to let them know that they was this is what they were trying to do? Commissioner Prince, would you like the petitioner to address your question?

Yes, sir. Madame Chair, uh this property was bought cash and she was not aware of so that made me not aware of the home HOA association

so what hold on I'mma let Commissioner Spencer complete her thought but then I think the staff probably have some insights that we can all benefit from. I think what you were going for, I wanted to see is this a HOA, a homeowners association or a neighborhood association? It's a neighborhood association. It's two different things. I don't I was speaking on the HOA home owners association. Okay. All right. We got some clarifications there. Um any additional questions or comments from commissioners? Okay. Commissioner Spencer, I do understand what you're saying, sir.

I believe that when personal care home is in the neighborhood that owner should be in there or All right. Now, can I say one thing, sir? Yes, sir. You know, you still have a balance of about two or three minutes. We don't want the zoning change. We do have neighbor uh personal care homes in Pepperidge, but we don't have the zoning changed. That's that's the key. If you change the zoning, other businesses coming in. We don't mind them having a uh three or four people in that that house, but don't change the zoning. That's what we saying. If you give them the special, we're through.

Okay. Uh Commissioner Davis, I was just wondering, this may be for staff. Um, can't she have three people without ch doing a special exception? So, I think that's what he's kind of talking about. Exactly. The zoning is not changing in this matter. And yes, you're right. You're correct. They can have that. Okay. Final comments if All right. Okay. I'm defer to the attorney. I'm sorry. I just want to add that he did say he doesn't care if it's three or four people. He said that just now and they're asking for four people.

Okay. Commissioner Commissioner Malice. Okay. I'm go to Commissioner Malice then I'll come to Commissioner O'Neal. So I'm I'm confused. So why does she need a special exception if she can handle have a personal care home? I don't understand. So yeah, she she can have three four. Okay. So she can have three without chaining would Okay, I understand that. Okay, that's Thank you. Commissioner O'Neal and then Commissioner Mcnite. And and just to follow up on Commissioner Malice, so if if the the four were to fail, she still has three that she does not need our assistance with.

Okay. Thank you. Commissioner Mcnite, did you have something additional? I just want to make sure everybody knows that it's being limited to four persons that and no more. And then I wanted to for the petitioner, not the petitioner, but it do you understand that we're not changing the zoning and it's limited to four persons? And what I understood, well,

technically you are. From my point of view, technically you are because you saying she can have four. If you only have three, you don't have any special exemption. So, she needs to either do what two two things. Either pull it back or say she only going to have three people in the house and no special exemption. If you say special exemption, yes, I'm going to give her this. That means anybody can come in, buy a house in Pepperage and put anything from four to whatever they want in the house. Mr. Chair. All right. Thank Thank you. Uh, Commissioner Cook,

um, your statement is in error, correct? Okay. No one can come in and just request a special exception without consideration from this board and the commission. Okay. So that's why it's called a special exception. Therefore, it is not by right. It has to be requested and approved at each level. So if I come in now,

so the ne say somebody comes in tomorrow, they cannot just go get a permit for a four occupancy house on such and such street. They got to come through the process, request a special exception, can't be within 1,200 feet of another spe uh uh care home. But but then you are saying I give Jefferson special consideration, but Jones over here comes in and wants the same consideration. You can't turn him down. Yes, we can.

Yes, we can. But then he and guess what? We'll probably be in the laws uh judge's courtroom. No, sir. No, sir. Your your interpretation is a little off. That's a little off. Yes, sir. All right. Now, we on the record and we're being taped. No problem. All right. Well, thank you, sir. Um, commissioners, any any any final thoughts, questions, comments? All right. You seeing uh we're going to go to the uh the recommendations from staff.

All right. The plan and development staff recommends approval for the special exception to establish a family personal care home with the following condition. The home shall be limited to a maximum of four residents under full supervision. Any livein staff members will be included in the total occupy count. The backyard in its entirety shall be enclosed by a 6-ft privacy fence. Successful code enforcement inspection is required prior to the insurance of the business license. The advocate must obtain a city of Augusta business license and maintain a valid license with the state of Georgia. Proof of compliance with the minimum requirements of chapter 290 2-5-18 of the OCGA must be submitted along with annual inspection reports. The home shall be staffed and operated in accordance with the all regulations of the state department of community health go governing family personal care homes. No signage shall be permitted on the property. This concludes staff's recommendation.

All right. To the petitioner, do you accept those staff recommendations? We do. All right. Um chair wouldain a motion. Make a motion to approve with staff recommendations. Second. All right. has been moved and seconded to approve SC 266. Um, all in favor? I oppose. All right. So, let let's do this. Let's back up. Let's just do a um a roll call vote. Roll call. All right. So, that is was it approval with with staff recommendations for SE 2604? So, let's do a roll call. Commissioner O'Neal, how do you vote? Yes or no? Yes. Commissioner Prince, no.

Commissioner Davis, no. Commissioner Malice, no. Commissioner Larry, no. Commissioner Mcnite, yes. Commissioner Clark, yes. Commissioner Oh, he's not here. Commissioner Owens, yes. Commissioner Spencer, no. And Commissioner Cooks, yes. One, two, three, four. One, two. Oh, it's it's passed. So, six. Special section 2606 has been passed with the six to um five vote. All right. One, two, three, four, five, six. One, two, three, four. I got 11 people. He don't vote. It's not. You got one, two, three, four, five, six. One, two, three, four. Six to four.

I don't know who you got. Only got six to four. You said no. Oh, no. It's five. Who got five? Who? No. Is Spencer, Davis, Malice, and Spencer? That's No. Oh, you said no. Larry. Oh, I'm sorry. That's why. Oh, I'm sorry. I put you down. I do apologize. I was about to say thank you. So, it's 55. Let's go. All right. I got you, Chairman. Yes. Come on, chair. What you saying? Yes. All right. It's been passed. It's forwarded to the commission.

Yes. But it still be Well, she know the process. It still go for the commission. So, if you do want to come back. Okay. Okay. Got it. All right. Do we have anything from the legal the um from the legal session? Nothing for the legal session. Okay. All right. Can I get a motion to approve the February meeting minutes? That did pass. Okay. It's been properly moved and seconded to approve the last month meeting minutes. All in favor?

I oppose. Same right. All right. Um motion to adjurnn. probably one second.