Columbia County Planning Commission Proposed Agenda for August 3, 2017 at 6:00 PM Evans Government Center Auditorium Evans, Georgia

Planning Commissioners: Countywide – Jim Cox District 1 – Chris Noah District 3 – Richard Henderson, Sr. ViceChairman – Donald Skinner District 4 – Dewey Galeas A. CALL TO ORDER Chairman Cox

B. INVOCATION Chairman Cox

C. PLEDGE OF ALLEGIANCE Chairman Cox

D. ROLL CALL / QUORUM Chairman Cox

E. APPROVAL OF THE MINUTES OF PREVIOUS MEETING Chairman Cox

1. (E1) July 20, 2017

F. APPROVAL OF THE AGENDA Chairman Cox

G. PRESENTATION Chairman Cox

H. DEBATE AGENDA Chairman Cox

1. Unfinished Business Chairman Cox

a. Rezoning

b. Variance

2. New Business Chairman Cox

a. Massage Operator's License

b. Temporary Use Permit

c. Conceptual Plan

d. Preliminary Plat

e. Final Plat

f. Plan Revision

g. Public Hearing

1. (H2g1) RZ170801, Conditional Use for a Tattoo Parlor. Tax Map 078D Parcel 116A, 0.50+/ acres, located at 131 Davis Road. Commission District 2. Staff Assignment Will Butler. 2. (H2g2) RZ170802, Rezone from C1 (Neighborhood Commercial) to CC (Community Commercial), Tax Map 072A Parcels 083 and 084, 1.48 +/ acres, located at 450 N. Belair Road. Commission District 3. Staff Assignment Danielle Bolte.

Information provided to the Planning Commission is subject to open records laws as defined in Official Code of Georgia 501870. Page 1 of 2 3. (H2g3) RZ170803, Major S1 (Special District) Revision, Tax Map 072 Parcel 207, 21.44+/ acres, located at 825 North Belair Road. Commission District 1. Staff Assignment Will Butler. 4. (H2g4) VA170801, Variance to Section 9053 List of Lot and Structure Requirements, Tax Map 062 Parcel 021C, 3.00+/ acres, located at 733 Chamblin Road. Commission District 4. Staff Assignment Will Butler. h. Text Amendments

i. Items Added (which need immediate action)

I. LEGAL MATTERS County Attorney Driver

J. STAFF AND COMMISSIONER COMMENTS Chairman Cox

K. PUBLIC COMMENTS AND PARTICIPATION Chairman Cox

The next scheduled Planning Commission meeting is Thursday, August 17, 2017 at 6:00 p.m. in the Auditorium of Building A at the Evans Government Center.

Information provided to the Planning Commission is subject to open records laws as defined in Official Code of Georgia 501870. Page 2 of 2

Columbia County Planning Commission Meeting July 20, 2017 Evans Government Center Auditorium Evans, Georgia

Chairman Cox called the meeting to order at 6:00 p.m.

Others present at the meeting included: Andrew Strickland, Division Director Vice-Chairman Skinner Nayna Mistry, Planning Manager Commissioner Galeas Will Butler, Planner II Commissioner Noah Danielle Bolte, Planner I Elizabeth Metzger, Administrative Specialist Erin Hall, General Public

Vice-Chairman Skinner gave the invocation and Commissioner Galeas led the Pledge of Allegiance.

Chairman Cox declared a quorum with 4 present, 80%. Commissioner Henderson absent.

Chairman Cox asked for a motion to approve or amend the July 6, 2017 meeting minutes.

Commissioner Noah made the motion to approve the July 6, 2017 minutes. Vice-Chairman Skinner seconded the motion. Motion carried: 3-0. Chairman Cox abstained since he was not in attendance at this meeting.

Chairman Cox asked for a motion to approve or amend the agenda.

Vice-Chairman Skinner made the motion to amend the July 20, 2017 Planning Commission agenda by adding item H2e2 Individual Plat for Mullins Colony and by removing the Business License Presentation under Public Comments. Commissioner Noah notated an additional item to amend. Item VA17-17-01 should be changed from Commission District 2 to Commission District 1, Doug Duncan. Commissioner Galeas made a motion to approve the amended agenda. Vice-Chairman Skinner seconded the motion. Motion carried: 4-0.

Chairman Cox gave a brief description of the Planning Commission’s role in the rezoning and variance process for the public’s edification. Chairman Cox stated: “Before we begin, I’d like to take a moment to clarify that the Planning Commission is a recommending body to the Columbia County Board of Commissioners. The decisions made on rezoning & variance requests tonight will be forwarded to the Commissioners for final action on August 1, 2017 at 6:00 p.m. in these chambers. If you wish to address the Board of Commissioners at their meeting, please see Ms. Liz Metzger to obtain a Request to Speak form.”

DEBATE AGENDA

Unfinished Business - None.

New Business

Massage Operator’s License

Massage Operator’s License, Olimpia Herlo, 7013 Evans Town Center Blvd Suite 201, Evans, GA.

Licensing and Permits Manager Erin Hall stated the following:  Massage Operator’s License for Olimpia Herlo  Will be operating out of 7013 Evans Town Center Blvd Suite 201  Applicant meets all the requirements  Recommend approval

Chairman Cox stated this was not a public hearing and called for the motion.

072017- Public Hearing Page 1 of 10

Vice-Chairman Skinner made the motion to approve Massage Operator’s License, Olimpia Herlo. Commissioner Noah seconded the motion. Motion carried: 4-0.

Temporary Use Permit

Temporary Use Permit, Tax Map 016 Parcel 053, 3.92+/- acres, located at 6901 Cottonwood Drive.

Staff member Danielle Bolte stated the following:  Request for a temporary use permit at 6901 Cottonwood Drive  Property currently zoned R-A (Residential Agriculture)  TUP is for an existing mobile home to be kept on the property while applicant is preparing to construct a permanent residence  Must meet all stated setbacks and have adequate facilities for water and sewage  Staff recommends approval

Chairman Cox stated this was not a public hearing and called for the motion.

Commissioner Galeas made the motion to approve Temporary Use Permit, Tax Map 016 Parcel 053, 3.92+/- acres, located at 6901 Cottonwood Drive. Vice-Chairman Skinner seconded the motion. Motion carried: 4-0.

Final Plat

Tanner Oaks Section II Phase III, located off of William Smith Boulevard, zoned PUD (Planned Unit Development), 23 lots, 8.44 +/- acres, Tax Map 067 Parcels 1756 and 1940 (portion of).

Planning Manager Nayna Mistry stated the following:  Final Plat for Tanner Oaks Section II Phase III, located off of William Smith Boulevard  Property currently zoned PUD (Planned Unit Development)  Seek approval for 23 residential lots on 8.44 acres  Average residential lot size is 13,447 square-feet with minimum lot size of 11,449 square-feet  Minimum 15-foot front setback, 5-foot side setback, and 10-foot rear setback  Sidewalks are required on one side of the neighborhood street  0.1 acres of open space  Staff recommends approval

Chairman Cox stated this was not a public hearing and called for the motion.

Commissioner Noah made the motion to approve Final Plat Tanner Oaks Section II Phase III, located off of William Smith Boulevard. Vice-Chairman Skinner seconded the motion. Motion carried: 4-0.

Individual Plat

Mullins Colony, 4263 & 4269 Washington Road, zoned C-2 (General Commercial), 8 lots, 25.33 +/- acres, Tax Map 078 Parcel 138 & Tax Map 077A Parcel 028.

Staff member Will Butler stated the following:  Request for a major subdivision of 4263 & 4269 Washington Road  Property currently zoned C-2 (General Commercial)  25.33+/- acres, which includes Belk as the anchor tenant and six outparcel lots for commercial development  The 8th lot is to be conveyed to the GDOT for public right of way  Staff recommends approval

Planning Commission questions/comments/concerns:

Chairman Cox commented that while observing the site plan, he noticed that the two developments would be connected.  Staff member Will Butler responded that was correct. According to the site plan, there will be a connection between the two developments. Mullins Colony is also in the process of applying for a

072017- Public Hearing Page 2 of 10

Variance to Landscape Requirements. Will be presented at the August 17, 2017 Planning Commission meeting.

Chairman Cox stated this was not a public hearing and called for the motion.

Vice-Chairman Skinner made the motion to approve the Individual Plat for Mullins Colony, located at 4263 & 4269 Washington Road, Tax Map 078 Parcel 138 & Tax Map 077A Parcel 028. Commissioner Noah seconded the motion. Motion carried: 4-0.

Public Hearings

RZ17-07-04, Rezone from R-1 (Single-family Residential) to PUD (Planned Unit Development), Tax Map 075 Parcel 001B, 114.97+/- acres, located at 729 Reynolds Road.

Staff member Danielle Bolte stated the following:  Request for a rezoning from R-1 to PUD  Located at 729 Reynolds Road  Currently zoned R-1 (Single Family Residential) as are the majority of the surrounding properties  The applicant is requesting to rezone to PUD to permit a single family residential neighborhood with smaller lot sizes than currently allowed under the R-1 zoning district  Will have a small commercial section along Wrightsboro Road consisting of a general store and produce stand  297 lots; approximately half will be 60’ lots with a minimum lot size of 8100 square-feet and the remainder will be divided between 70’ and 80’ lots  70’-80’ lots will have 10 foot side setbacks; the applicant is requesting 7.5’ foot side setbacks on 60’ lots based on more level topography at front of property  Applicant proposing lots along the park with slide-by drives and rear garages, which will help the streetscape and gives the area more pedestrian character; staff is therefore comfortable recommending 7.5 -foot side setbacks for these lots, but is proposing a condition requiring the setbacks for the remainder of the lots to be determined at the time of preliminary plat approval based on the topography and design presented  Several park areas will be throughout the neighborhood along with a long linear park at Wrightsboro Road  Under PUD narrative, commercial element will be a limited to a general store/produce stand  Buffers against existing residential properties will have to be a minimum of 20 feet  4 access points: primary entrance coming off Wrightsboro Road, two on Reynolds Road, and the connection is made to Thaxton Road  Connection to Thaxton Road would give Kingston subdivision an additional entry for emergency purposes or a more direct connection for residents to Reynolds Road  Will require sewer service to be extended to development due to density

Planning Commission questions/comments/concerns: Chairman Cox questioned if there was a threshold for the County to take over a lift station. Division Director Andrew Strickland responded he believes it varies. The threshold is most likely pretty low. A public lift station is usually more adequately maintained.

Staff member Danielle Bolte continued presentation.  The overall density will be 2.6 units per acre  This property is located within the Neighborhoods Character Area and is in keeping with the intent of the Vision 2035 plan  Staff recommends approval with the following conditions: Planning: 1. If public sewer service is not extended to the parcel within two years of the approval of this request by the Board of Commissioners, Columbia County shall initiate a rezoning to the current R-1 (Single Family Residential) classification. The County shall not initiate the rezoning if the developer is actively pursuing design and installation of the sewer service. 2. The width of the park on the western frontage shall match that shown in the concept plan. The landscape plan for the park shall be submitted with the construction plans for the associated lots. 3. The buffer along Wrightsboro Road to the east of the proposed entrance shall be a minimum of 30 feet, and shall include a berm and landscaping. The landscape plan shall be submitted with the 072017- Public Hearing Page 3 of 10

construction plans for the associated lots and should be in keeping with the character of the park area to the west of the entrance. 4. The lots fronting the main park along Wrightsboro Road to the west of the main entrance shall have rear garages and shall be permitted 7.5 foot side setbacks Side setbacks for all other lots shall be ten feet. At the time of preliminary plat review, Planning Commission shall have the ability to grant the requested 7.5-foot side setbacks for portions of the development with suitable topography or design as determined by staff and the Planning Commission. The reduced setbacks may be granted only for the 60-foot lots, and for the 70’ x 135’ lots in the same section of the development. 5. Required buffers must be supplemented to meet or exceed the standards of Section 90-139 and must provide a visual screen to a height of at least 6 feet within two growing seasons. Any existing vegetation within the buffer area shall be retained. 6. The required buffer along Reynolds Road shall include two trees for every twenty feet of road frontage; trees must be a minimum of 3 inches DBH at time of planting. A landscape plan must be submitted with the preliminary plat. Species selected shall be in accordance with Section 90-145. Existing vegetation may be used towards this requirement. 7. In order to remain compatible with the residential scale of the development, the floor area of the general store shall be limited to 3000 square feet. This shall not include porches or outdoor display areas. 8. The front setback for the general store shall be a minimum of 70 feet from the centerline of Wrightsboro Road. The site will be required to meet landscape strip, tree density, and additional screening requirements relating to dumpsters, loading areas, and mechanical unitsper County code sections 90-140, 90-141, and 90-139(i). 9. There shall be an Architectural Review Board established to maintain the submitted architectural character of the neighborhood. All building plans must be approved by the Architectural Review Board prior to being submitted to the County for permitting. This shall apply to both the residential buildings and to the commercial structure.

Traffic Engineering: 1. Developer is required to provide traffic calming measures on any proposed land service street to be dedicated to the county with straight sections (delta angle less than 30 degree curves) longer than 500 ft. A mandatory meeting with Engineering Division and developer/engineer is required prior to any detailed design for the purpose of discussing acceptable traffic calming measures. Raised pedestrian crosswalks will only be considered where a high concentration of pedestrian crossings will occur (Ex: side path intersections).

Water and Sewer: 1. To avoid dead end lines, water mains must be connected to existing mains at all entrances to the proposed subdivision. 2. All permanent structures must be a minimum of 20 feet from a water main.

Planning Commission questions/comments/concerns: Chairman Cox restated that this was a request for a PUD (Planned Unit Development), not a PRD (Planned Residential Development), due to the commercial aspect having the general store/produce stand. If any significant changes were done to this design they would have to come back to the Planning Commission for a revision request.  Division Director Andrew Strickland responded that any major revision to the PUD would have to be advertised and brought back to the Planning Commission. Some examples include change in density, change in overall layout, and change of commercial use.

Commissioner Noah wanted clarification on the 2 year sewer service condition.  Staff member Danielle Bolte responded that if they haven’t provided sewer access to the development or are not actively working on that within two years, then Columbia County shall initiate a rezoning to the current R-1 (Single Family Residential) classification. The lots cannot be built until there is sewer service.  Division Director Andrew Strickland responded that it is a similar condition that Brigadier Landing had a few years ago.

Chairman Cox questioned the Traffic Study condition. Who’s responsibility?  Division Director Andrew Strickland responded that the developer would be responsible for hiring a consultant. Study would then be reviewed by staff for validity and give comments, if necessary. 072017- Public Hearing Page 4 of 10

Length of time for study to be done would depend on how long the development takes to get from this stage to the next. Preliminary Plat will not be approved until the traffic study is reviewed by staff.

Chairman Cox stated this was a public hearing and asked if the applicant was here.

Matt Mills, 3009 Lake Forest Dr, Augusta:  Company is Southeastern  Some of the developments we have done include River Island and Jones Creek  Good examples of how a PUD should be done  Rural Character intent for this PUD  Some of the commercial work done include the Kroger and Walmart in Grovetown  General store/produce stand is a unique feature to this development which will be a great amenity for the residents  3 different lot sizes-homes as small as 2,200 square feet to over 5,000 square feet  Smaller homes will most likely start in the $250K range

Chairman Cox questioned Mr. Mills if he had any traffic concerns with the back entrance where Kingston connects.  Mr. Mills responded that the roads have been designed to encourage connectivity and handle the foreseeable traffic. We will be having a traffic study done. Majority of the traffic will be utilizing the main entrance off of Wrightsboro. Covenants will ensure there is no on street parking allowed.

Commissioner Noah concerned that there will not be enough parking for guests of the residents.  Matt Mills responded that every 10 homes or so there will be overflow parking.

Chairman Cox stated this was a public hearing and asked if there was anyone else to speak for or against this Rezoning.

Zelean Dent, 754 Reynolds Road:  Main concern is with traffic  Approximately 300 new residential homes with access to Reynolds Road and Kingston will only make wall to wall traffic  Concerned with residential requirements going from R-1 to PUD (smaller lots, less buffers, etc.)

Steve Shuey, 816 Thaxton Road:  Thankful to see that Matt Mills is the developer for this project  Concerned with the Kingston to Reynolds Road connection  Road has a lot of blind curves; accident waiting to happen  Questioned the meaning of “vegetative barrier”  Want privacy in my backyard

Division Director Andrew Strickland responded that there will be a minimum 20 foot wide buffer (essentially two Evergreen trees width). Will have to be opaque to at least a minimum height of 6 feet. A fence is a possibility.

Matt Mills noted that they are very flexible in regards to what types of trees are planted. Either way there will be a 20 foot undisturbed buffer. Would like to plant as soon as possible so there is more time for growth and creating a better buffer. Probably won’t start construction until 2018.

Joe Verant, 588 Twin Oak Lane:  Live in Kettle Creek Plantation  I’m a runner; one of the only few safe areas for running is now going to be too dangerous for pedestrian traffic  Questions on the authority of recommendations from traffic study

Chairman Cox stated that in order for the developer to move forward, he would have to agree to the conditions that staff lists (stoplight, turn lanes, deceleration lane, etc.). These conditions would then have to be included in the construction drawings.

Irvin Ingraham, 554 Highview Circle: 072017- Public Hearing Page 5 of 10

 Wanted to make sure that a sewage line would be available before construction

Division Director Andrew Strickland responded that the 2-year condition will ensure that a sewage line would be extended out to the development.

Marvin Cummings, 750 Reynolds Road:  As a jogger, I am very concerned with the winding roads and increased traffic  Traffic is going to be bad just like down by Chamblin and William Few, by the new Kroger.  The homes are going to have be built too close together in order to accommodate for 600 cars; not enough space for parking  Will have to do a lot more research on foreseeable traffic concerns

Chairman Cox recommended that Mr. Cummings discuss the traffic concern with his commissioner. Ask them to consider a road widening project along Wrightsboro Road. We will convey that concern to them as well.

Discussion among staff on the new main gate entrance to Fort Gordon possibly alleviating some of the traffic concerns.

John Dobbs, 515 Highview Circle:  I’ve been living in Kettle Creek Subdivision for 34 years  Concerned with traffic trying to turn left out of Kettle Creek

Sharon Walls, 698 Kingston Road:  Can’t turn left out of Kingston either. Never leave the house between 5 and 6pm  Who will own the general store?  Heard rumor of a child care facility  Multiple fatal car accidents  Hope that runoff concern will be addressed

Matt Mills responded that they are talking to and interviewing potential operators of the future proposed general store. If the owner of general store is not doing a good job, we will take it over and hire someone else. There was a daycare facility proposed to be a part of the plan. However, after discussing with staff, the only use we can have outside this single family residential area is the general store.

Hayes Brahmer, 606 Highview Circle:  Retired combat veteran  Concerned with the economic impact on this area within the next 5-10 years  Higher property taxes  School zoning  Less desired area in the future

Chairman Cox mentioned that based off Matt Mills’ past developments and his high reputation with Jones Creek and River Island, they will be good quality homes. It is our staff’s job and County Code Enforcement to ensure he lives up to what he says he is going to do.

Division Director Andrew Strickland stated that there is no economic growth plan for projected tax revenues. Based on the history of Columbia County and assessed values and tax digest, Columbia County has seen a lot more growth than most counties in the state. Commissioners are only able to lower the mill rate if the tax digest grows.

Chairman Cox said the concern for growth and school zoning is a question for the School Board.

David Titus, 4850 Wrightsboro Road:  Former Columbia County Commissioner  My property borders the development  Shares the same concerns as the other residents  Live right on Wrightsboro Road  Wrightsboro Road needs to be widened, but probably won’t happen for awhile  Major route to Fort Gordon. This development would be beneficial to people that work on the fort 072017- Public Hearing Page 6 of 10

Chairman Cox closed the Public Hearing and called for a motion.

Commissioner Galeas made the motion to approve with conditions RZ17-07-04 for a Rezone from R-1 (Single-family Residential) to PUD (Planned Unit Development, Tax Map 075 Parcel 001B, 114.97+/- acres, located at 729 Reynolds Road. Chairman Cox requested to add one condition by removing the connection to Kingston. Commissioner Galeas approved. Vice-Chairman Skinner seconded the motion. Motion carried: 3- 1. Commissioner Noah opposed.

Interdepartmental Review Conditions: Planning Commission (added at the meeting, 7.20.17): 1. No connection will be made to Thaxton Road.

Planning: 1. If public sewer service is not extended to the parcel within two years of the approval of this request by the Board of Commissioners, Columbia County shall initiate a rezoning to the current R-1 (Single Family Residential) classification. 2. The proposed linear park shall extend along the entire Wrightsboro Road frontage with a minimum width of 50 feet on the east side of the entrance road. The width on the western frontage shall match that shown in the concept plan. The landscape plan for the park shall be submitted with the construction plans for the associated lots. 3. The lots fronting the main park along Wrightsboro Road to the west of the main entrance shall be alley-loaded and shall be permitted 7.5 foot side setbacks and a 20-foot driveway length. No driveways shall access from the roadway adjacent to the park. 4. Side setbacks for all other lots shall be ten feet. At the time of preliminary plat review, Planning Commission shall have the ability to grant the requested 7.5-foot side setbacks for portions of the development that achieve a more unique and/or traditional character to the satisfaction of staff and the Planning Commission. Aspects of Traditional Neighborhood design that may provide justification for smaller side setbacks include but are not exclusive to the use of alleys; detached, side, or rear loaded garages; garages set back significantly from the front plane of the house; and front porches. The front setback may be reduced to better address the street if the development character allows. The reduced setbacks may be granted only for the 60-foot lots, and for the 70’ x 135’ lots in the same section of the development. 5. Required buffers must be supplemented to meet or exceed the standards of Section 90-139 and must provide a visual screen to a height of at least 6 feet within two growing seasons. Any existing vegetation within the buffer area shall be retained. 6. The required buffer along Reynolds Road shall include two trees for every twenty feet of road frontage; trees must be a minimum of 3 inches DBH at time of planting. A landscape plan must be submitted with the preliminary plat. Species selected shall be in accordance with Section 90-145. Existing vegetation may be used towards this requirement. 7. In order to remain compatible with the residential scale of the development, the floor area of the general store shall be limited to 3000 square feet. This shall not include porches or outdoor display areas. 8. The front setback for the general store shall be a minimum of 90 feet from the centerline of Wrightsboro Road. The site will be required to meet landscape strip, tree density, and screening requirements per County code sections 90-140 and 90-139(i). 9. There shall be an Architectural Review Board established to maintain the submitted architectural character of the neighborhood. All building plans must be approved by the Architectural Review Board prior to being submitted to the County for permitting. This shall apply to both the residential buildings and to the commercial structure.

Water and Sewer: 072017- Public Hearing Page 7 of 10

1. To avoid dead end lines, water mains must be connected to existing mains at all entrances to the proposed subdivision. 2. All permanent structures must be a minimum of 20 feet from a water main.

RZ17-07-05, Rezone from R-4 (Recreational Residential) to S-1 (Special District), Tax Map 036 Parcel 005D, 15.00+/- acres, located at 6001 Washington Road.

Staff member Danielle Bolte stated the following:  Request for a Rezoning from R-4 (Recreational Residential) to S-1 (Special) for a Horse Rescue facility and event facility  Property sits well off the road  Has existing buildings which include a chapel, several cabins, an event barn, gazebo, and a bath house  Proposal to add one additional building to the site  Located in the Rural Character Area on the future land use map; proposed use of a horse rescue operation fits this character area; also located near the Pollard’s Corner Community Crossroads, which is intended for limited commercial development. The proposed event facility with its rural character is appropriate for this area.  Staff recommends approval

Chairman Cox stated this was a public hearing and asked if the applicant was here.

John West, 2222 Cumming Road, Augusta:  Lawyer representing The Summerville Foundation, Inc  Here to answer any questions

Planning Commission questions/comments/concerns: Commissioner Galeas mentioned that The Summerville Foundation has been in operation since 2002. What activities have occurred since 2002?  Mr. West responded that although The Summerville Foundation has been in existence since 2002, the 15 acre property was gifted solely to the foundation in May of 2015. The events that will take place on the property will help fund and operate the horse rescue facility.

Commissioner Gales questioned if, due to operating a horse rescue facility, they have been placed under the supervision of the Dept. of Agriculture?  Mr, West responded that he knows they have filed certain permits to have that done.

Commissioner Noah questioned why he only saw a couple horses during the site visit.  Mr. West responded that although this is a 15 acre facility, there is no fencing between the 15 acre parcel and the 200 acres behind it. They have the run of the place.

Chairman Cox stated this was a public hearing and asked if there was anyone else to speak for or against this Rezoning. Hearing none, he called for a motion.

Vice-Chairman Skinner made the motion to approve RZ17-07-05 for a Rezoning from R-4 (Recreational Residential) to S-1 (Special District), Tax Map 036 Parcel 005D, 15.00+/- acres, located at 6001 Washington Road. Commissioner Noah seconded the motion. Motion carried: 3-1. Commissioner Galeas opposed.

VA17-07-01, Variation to Section 90-99 Corridor Protection Overlay District, Tax Map 082 Parcel 066, 5.46+/- acres, located at 507 Fury’s Ferry Road.

Staff member Will Butler stated the following:  Request for a Variation to Section 90-99 Corridor Protection Overlay District to exceed 25% glazing on the façade of the building  Property currently split zoned C-1 (Neighborhood Commercial)/R-3 (Single Family Residential)  Back in December of 2016, there was a Variation request (Ref VA16-12-01) that was approved with conditions—one of the conditions included having a metal venetian blind due to the large amount of glazing  When building plans were submitted, it was found that the exterior venetian blind had been modified to an internal sun shade system 072017- Public Hearing Page 8 of 10

 Staff recommends disapproval

Chairman Cox stated this was a public hearing and asked if the applicant was here.

Eric Marks, with MG2 Corporation, representing Lidl US:  Project Architect  Change that is being proposed is a prototype by Lidl US to fully remove that from all buildings  The venetian blind would not change the aesthetic nature of the building since it would have been up the majority of the time anyway  Another driver was that Lidl encourages health and awareness. By having the retractable interior curtain wall, there would be more sunlight and natural light  Lidl’s signature is to maintain their modern and sleek look  Have not changed the appearance of the building

Planning Commission questions/comments/concerns: Division Director Andrew Strickland questioned how the old rendering sun shade would have been constructed from the outside.  Eric Marks described the housing of the old rendering sun shade and noted that it would have been retracted the majority of the time.

Division Director Andrew Strickland mentioned that staff’s understanding was that it was not a retractable shade.  Eric Marks described the new proposed interior fabric retractable shade  No stores have the exterior sun shades

Discussion continued with staff regarding the retractable interior fabric curtain vs exterior metal venetian blind

Chairman Cox stated this was a public hearing and asked if there was anyone else to speak for or against this Variation.

Mahi Majanovic, 3713 Westlake Drive:  Wrote a letter with my personal concerns of Lidl to Forrest M. Etter who is the development manager for this project  Concerns included the issues with Reed Creek, landscaping for tree loss, garbage collection, delivery trucks, and parking lot  Mr. Etter answered all my concerns  This is how future developments should be done  Personal appreciation to Planning and Zoning for approving this site and to Mr. Etter for answering my questions  This is what a responsible development looks like  I support all the staff recommendations for Lidl

Chairman Cox stated this was a public hearing and asked if there was anyone else to speak for or against this Variation. Hearing none, he called for a motion.

Commissioner Noah made the motion to approve the Variation to Section 90-99 Corridor Protection Overlay District, Tax Map 082 Parcel 066, 5.46+/- acres, located at 507 Fury’s Ferry Road. Commissioner Galeas seconded the motion. Motion carried: 4-0.

Text Amendments

Ordinance 17-09, Section 90-131 Subsection (5) Street Access Control

Division Director Andrew Strickland stated the following:  Request by staff to amend Section 90-131 Subsection (5) Street Access Control  In the past we have had a couple requests for circular driveways and 2nd driveways  This amendment would allow staff to administratively approve these requests  We have never seen any denied therefore we don’t see why there needs to be a full variance 072017- Public Hearing Page 9 of 10

 Will propose guidelines for approval

Chairman Cox stated this was a public hearing and asked if there was anyone who would like to comment on the proposed text amendment. Seeing none, he called for the motion.

Vice-Chairman Skinner made the motion to approve Ordinance17-09, Section 90-131 Subsection (5) Street Access Control. Commissioner Noah seconded the motion. Motion carried: 4-0.

STAFF AND COMMISSIONER COMMENTS – None.

PUBLIC COMMENTS – None.

Vice-Chairman Skinner made the motion to adjourn the meeting at 7:44 p.m. Commissioner Noah seconded the motion. Motion carried: 4-0.

______Minutes approved by Chairman Cox, July 20, 2017

______Minutes attested by Andrew Strickland, July 20, 2017

072017- Public Hearing Page 10 of 10 REZONING August 3, 2017 FILE : RZ17-08-01 Conditional Use for Tattoo

Property Information Tax Map/Parcel ID Tax Map 078D Parcel 116A

Address/Location 131 Davis Road

Acreage (+/-) 0.50 +/- AC

Current Zoning C-2 (General Commercial)

Current Use Commercial

Request Conditional Use for a Tattoo Parlor

Commission District District 2 (Allen)

Recommendation Approval with Condition

Summary and Recommendation

Owner Kathryn A. Webb and applicant James McLaughlin request a conditional use for a tattoo parlor for Tax Map 078D and Parcel 116A, 0.50 +/- acres, located at 131 Davis Road, currently zoned C-2 (General Commercial).

The subject property is located on the west side of Davis Road just north of the Richmond County line. All adjacent property is zoned C-2 (General Commercial).

The applicant currently operates New Image Tattoo on Washington Road. As part of the application they have provided Health Department inspection records dating back to 2013 (average score of 95), as well as a statement speaking to their support for Toys for Tots and providing internships for the local community colleges as part of their community outreach. Their justification for the conditional use is that the use is similar to nearby uses. Further, the applicant has indicated they are making some minor upgrades to the site by adding flowers, pruning existing landscaping, and pressure washing the existing building.

Overall, staff is in support of the request. While there are not any other tattoo parlors on Davis Road, there are two that are located near the intersection of Davis and Washington Road (Skin Grafix at 3821 Washington Road and Fine Lines Tattoo West at 3731 Washington Road). Further, all of Davis Road in Columbia County is zoned C-2 so it is a logical location for a tattoo parlor. Staff is appreciative of the applicant providing their Health Department scores, as well as their community outreach efforts. In addition, the Health Department has already inspected the facility and recommends approval. However, Environmental Services has inspected the site and does request a condition that the water service has backflow protection installed on the domestic water service prior to approval of the certificate of completion. Due to the support from the Health Department and the entire area around the subject property already being zoned C-2, staff recommends approval with condition.

A Community of Pride…A County of Vision…Endless Opportunity Page 1 of 4 REZONING August 3, 2017 FILE : RZ17-08-01 Conditional Use for Tattoo

The subject property is located within the Martinez Activity Center, a Mixed Use Activity Center in the Vision 2035 Future Land Use map. The intent of an Activity Center is to enhance and create concentrated commercial uses, employment centers, and mixed use development in defined areas. They are generally characterized by compact, walkable, high density developments. They provide additional employment opportunities and support residential uses. As a mixed use activity center, the primary future land uses are shops, restaurants, offices, higher density residential, civic uses, and open space. The proposed use as a tattoo parlor is consistent with the intent of the future land use map since it can be defined as a shop.

Staff recommends approval with condition of the request for a conditional use for a tattoo parlor for Tax Map 078D and Parcel 116A, 0.50 +/- acres, located at 131 Davis Road, currently zoned C-2 (General Commercial.

Interdepartmental Review

A copy of this staff report, including a list of all recommended zoning conditions, is sent to the applicant and owner of the property in question prior to the public hearing.

Condition:

Environmental Services: The water service will need to have backflow protection installed on the domestic water service prior to approval of the certificate of completion at time of final. The backflow that is required for this application is a Reduced Pressure Zone Assembly.

Comments:

Building Standards: Ensure all applicable codes provided by the International Building Code, National Electrical Code, International Mechanical Code, International Fuel Gas Code, International Plumbing Code, Life Safety Code and Columbia County ordinances are met.

Environmental: No comments.

Fire Marshal: Applicable fire code requirements apply.

Health Department: The Health Department has already inspected the facility and recommends approval.

Planning: Conditions supplement but do not eliminate other code requirements which pertain to site development. No variances from Code have been expressed or implied. In case of conflicts, the more restrictive item shall prevail over the less restrictive item. A Community of Pride…A County of Vision…Endless Opportunity Page 2 of 4 REZONING August 3, 2017 FILE : RZ17-08-01 Conditional Use for Tattoo

Stormwater Management: No conditions or comments.

Traffic Engineering No comment.

Water and Sewer: The existing building is connected to the Columbia County water system. The nearest public sewer is owned by Augusta-Richmond County.

Criteria for Evaluation of Rezoning Proposal

1. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property. The subject property is located on the west side of Davis Road. All adjacent and nearby property is currently zoned C-2 (General Commercial). As a conditional use in C-2, this proposed use is suitable in view of the use and development of adjacent and nearby property

2. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property. Staff does not anticipate the proposed used adversely affecting the existing usability or uses of adjacent or nearby property.

3. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned. The property is currently zoned C-2 and has a reasonable economic use as currently zoned.

4. Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools. It is not anticipated that this proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.

A Community of Pride…A County of Vision…Endless Opportunity Page 3 of 4 REZONING August 3, 2017 FILE : RZ17-08-01 Conditional Use for Tattoo

5. If the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan. The subject property is located within the Martinez Activity Center, a Mixed Use Activity Center in the Vision 2035 Future Land Use map. The intent of an Activity Center is to enhance and create concentrated commercial uses, employment centers, and mixed use development in defined areas. They are generally characterized by compact, walkable, high density developments. They provide additional employment opportunities and support residential uses. As a mixed use activity center, the primary future land uses are shops, restaurants, offices, higher density residential, civic uses, and open space. The proposed use as a tattoo parlor is consistent with the intent of the future land use map since it can be defined as a shop.

6. Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal. Staff is not aware of any existing or changing conditions affecting the use or development of the property that could give support to approval or disapproval of the conditional use.

7. Whether the proposal reflects a reasonable balance between the promotion of health, safety, and welfare against the right to unrestricted use of property. The proposal meets this test.

A Community of Pride…A County of Vision…Endless Opportunity Page 4 of 4 REZONING August 3, 2017 FILE : RZ17-08-02 C-1 to C-C

Property Information Tax Map/Parcel ID Tax Map 072A Parcels 083 and 084

Address/Location 450 North Belair Road

Acreage (+/-) 1.48 +/- AC

Current Zoning C-1 (Neighborhood Commercial)

Existing Use Vacant

Request C-C (Community Commercial)

Commission District District 3 (Richardson)

Recommendation Approval

Summary and Recommendation

Owner and applicant First Citizens Bank – Commercial Real Estate requests a rezoning of two parcels presently being Tax Map 072A Parcels 083 and 084, located at 450 North Belair Road, 1.48 +/- acres, from C-1 (Neighborhood Commercial) to C-C (Community Commercial) in order to allow drive through facilities on the site.

The subject properties are located on the west side of North Belair Road, just south of the intersection with Hereford Farm Road and Towne Center Drive. The parcel to the north and some parcels to the west are zoned R-2 (Single Family Residential). The properties to the south and west were recently rezoned to C-1 (Neighborhood Commercial). Other parcels in the vicinity are zoned PUD (Planned Unit Development) as part of the Town Park commercial and professional development and the medical complex on the east side of North Belair Road.

The applicant is proposing to develop the site as a two story financial institution with drive through service lanes. Drive through facilities are not a permitted accessory use in the C-1 zoning district; therefore, the applicant is requesting the rezoning to C-C to permit the drive through service on the site. The applicant has submitted a preliminary site sketch showing the drive through located on the south side of the building, adjacent to the recently rezoned commercial property at the intersection of N Belair Road and Marie Street and therefore facing away from the adjacent residential properties. Although this is a very preliminary site plan which will need revisions, the proposed drive through location is the one likely to have the least impact on surrounding properties.

The subject property is located within the Evans Activity Center. The intent of this character area is to provide for a mix of shops, restaurants, offices, higher density residential uses, and open space in a compact, walkable development pattern. The proposed use of the parcels as a financial institution is in keeping with the intent of the character area. While the provision of a drive through does not

A Community of Pride…A County of Vision…Endless Opportunity Page 1 of 4 REZONING August 3, 2017 FILE : RZ17-08-02 C-1 to C-C

necessarily contribute to a walkable development pattern, it is a reasonable request for the use and the location on a primary arterial where it is likely to be accessed primarily by vehicular traffic.

Staff recommends approval of the requested rezoning of two parcels presently being Tax Map 072A Parcels 083 and 084, located at 450 North Belair Road, 1.48 +/- acres, from C-1 (Neighborhood Commercial) to C-C (Community Commercial) in order to allow drive through facilities on the site.

Interdepartmental Review

A copy of this staff report, including a list of all recommended zoning conditions, is sent to the applicant and owner of the property in question prior to the public hearing.

Comments:

Environmental: Wetlands and Waters of the U.S. may be present on the property. If wetlands are present on the property, Columbia County strongly encourages that a Jurisdictional Determination be procured from the U.S. Army Corps of Engineers for this project. If any disturbances to the wetlands or waters of the U.S. are proposed, Columbia County will require an approved JD that must be accompanied by correspondence from the U.S. Army Corps of Engineers stating permit coverage has been obtained or permit coverage is not needed.

State Waters may be present on the property. There is an established 25-foot buffer from the edge of wrested vegetation along all state waters. Any disturbances to the 25-foot buffer must be approved by the Georgia Environmental Protection Division prior to such disturbance taking place.

According to FEMA FIRM 13073C0142D, this property contains X zone.

Fire Marshal: Applicable fire code requirements apply.

Planning: 1. Conditions supplement but do not eliminate other code requirements which pertain to site development. No variances from Code have been expressed or implied. In case of conflicts, the more restrictive item shall prevail over the less restrictive item. 2. The applicant has submitted a preliminary site plan with this application; approval of the rezoning does not constitute approval of the site plan, and there are several items that will need to be corrected on the plan as shown before it could be approved. For example, although the correct buffers are shown against the adjacent residential properties, the required landscape strip along North Belair Road and the required parking lot landscaping are not indicated on the plan. 3. Connections to adjacent commercial properties will be required. The C-1 property to the south is currently in the design phase; coordination with this property will be necessary to ensure proposed connections are made in logical, workable locations.

A Community of Pride…A County of Vision…Endless Opportunity Page 2 of 4 REZONING August 3, 2017 FILE : RZ17-08-02 C-1 to C-C

Stormwater Management: 1. The site improvements will disturb more than one acre, therefore the proper NPDES permit and associated fees must be submitted to the Georgia Environmental Protection Division (EPD) and Columbia County 14 days prior to land disturbance. 2. Stormwater detention will be required unless site improvements result in no net increase in runoff. 3. Stormwater quality will be required.

Traffic Engineering: A GDOT Driveway Encroachment Permit is required prior to approval of Preliminary Plat from Columbia County Traffic Engineering Dept.

Water and Sewer: County water and sewer service is available to the properties.

Criteria for Evaluation of Rezoning Proposal

1. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property. Adjacent properties are zoned C-1 (Neighborhood Commercial) and R-2 (Single Family Residential), although the existing commercially zoned properties have not been developed at this time. Additional nearby properties are zoned P-1 (Professional) and PUD (Planned Unit Development) for office and commercial uses. The proposed use of this property as a bank is in keeping with the general character of the area and the development of nearby properties; as mentioned, some adjacent properties are still zoned residential, but the bank should be a fairly low impact commercial use given the typically limited hours of operation and relatively low traffic count to be expected.

2. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property. The proposed use does have significant buffer requirements against the adjacent residential properties which should serve to mitigate any impacts. The proposal will not adversely affect the existing use or usability of adjacent or nearby property.

3. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned. The property does have a reasonable economic use as currently zoned.

4. Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools. It is not anticipated that the proposal will result in a use which will or could cause a burden to existing streets, transportation facilities, utilities, or schools.

A Community of Pride…A County of Vision…Endless Opportunity Page 3 of 4 REZONING August 3, 2017 FILE : RZ17-08-02 C-1 to C-C

5. If the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan. The subject property is located within the Evans Activity Center on the future land use map. The Evans Activity Center is a mixed use activity center, intended to have shops, restaurants, office, higher density residential, civic uses, and open space in a compact, walkable development pattern. The proposed use of a bank meets the intent of this character area, and although the drive through requested will not contribute to the desired walkable character, it is a reasonable request given the nature of this business and its location on a main arterial road.

6. Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal. Staff does not have any comment on existing or changing conditions that affect the use or development of the property.

7. Whether the proposal reflects a reasonable balance between the promotion of health, safety, and welfare against the right to unrestricted use of property. The proposal meets this test.

A Community of Pride…A County of Vision…Endless Opportunity Page 4 of 4 REZONING August 3, 2017 FILE : RZ17-08-03 Major S-1 Revision

Property Information Tax Map/Parcel ID Tax Map 072 Parcel 207

Address/Location 825 North Belair Road

Acreage (+/-) 21.44 +/- AC

Current Zoning S-1 (Special)

Current Use Place of Worship

Request Major Revision for a children’s building

Commission District District 1 (Duncan)

Recommendation Approval

Summary and Recommendation

Owner and applicant The Board of Trustees of Wesley United Methodist Church, Inc. request a major S-1 (Special) revision for Tax Map 072 and Parcel 207, 21.44 +/- acres, S-1 (Special) located at 825 North Belair Road to add an approximately 2,000 square foot multi-purpose children’s building addition. The applicant has submitted a narrative and concept plan for the proposed building.

The subject property is located on the east side of North Belair Road. Property to the south and east is zoned R-2 (Single Family Residential), to the north is also R-2 (Deerwood Estates subdivision) with a single S-1 for a Jesus Christ of Latter Day Saints Church, and property to the west across North Belair Road is zoned R-1 (Single Family Residential) as part of the Deerwood Acres subdivision.

The subject property was originally rezoned to S-1 in 1990 (RZ90-04-01) with a site plan filed in 1994. In 1999 a minor revision for modular classrooms was approved, a major revision in 2001 further expanded the building, another major revision in 2003 added additional parking and further expanded the building, a 2008 revision added more parking and a playground, and the most recent revision was for a new sanctuary and front parking lot in 2010.

This proposed request is for an approximately 2,000 square foot multi-purpose children’s building addition on the south side of the main building. The applicant has not provided architectural elevations for the proposed addition, but has stated they will be brick or stucco to match the existing building. The front parking lot proposed in 2010 is also included on the plan for reference since it has not yet been built. Per the narrative, landscaping will be provided in accordance with County Code and a minimum 20 foot natural buffer will be retained on portions of the property that adjoin residential zoned properties.

Overall, staff is in support of the request. The proposed addition is located to the side of the main building and a good distance from adjacent residential property. Staff also must make it clear that we

A Community of Pride…A County of Vision…Endless Opportunity Page 1 of 4 REZONING August 3, 2017 FILE : RZ17-08-03 Major S-1 Revision will review the proposed building elevation for consistency with the existing building as stated by the applicant in correspondence. Further, site upgrades will not be required with the new addition due to the location, but the proposed parking lot will require compliance with County Code when built as mentioned in the applicant’s narrative.

The subject property is located within the Evans Area Neighborhoods Character Area in the Vision 2035 Future Land Use map. The intent of a Neighborhood Area is to preserve established neighborhoods and create quality new residential construction at residential densities. They are generally characterized by moderate density residential development and neighborhoods. Primary future land uses include moderate density detached single family uses, greenways and trails, and civic benefits such as community centers, libraries, places of worship, and schools. As a place of worship, expansion of the use is consistent with the intent of the established character area.

Staff recommends approval of the request for a major S-1 (Special) revision for Tax Map 072 and Parcel 207, 21.44 +/- acres, S-1 (Special) located at 825 North Belair Road to add an approximately 2,000 square foot multi-purpose children’s building addition.

Interdepartmental Review

A copy of this staff report, including a list of all recommended zoning conditions, is sent to the applicant and owner of the property in question prior to the public hearing.

Comments:

According to FEMA FIRM 13073C0142D & 13073C0161D, this property contains X zone.

Fire Marshal: Applicable fire code requirements apply. Fire department access road does not appear to be within 150’ of all portions of the building. A Community of Pride…A County of Vision…Endless Opportunity Page 2 of 4 REZONING August 3, 2017 FILE : RZ17-08-03 Major S-1 Revision

Health Department: No comment.

Stormwater Management: 1. If the site improvements will disturb more than one acre, then the proper NPDES permit and associated fees must be submitted to the Georgia Environmental Protection Division (EPD) and Columbia County 14 days prior to land disturbance. 2. Stormwater detention will be required unless site improvements result in no net increase in runoff. 3. Stormwater quality will be required if the disturbance or increase in impervious area is 5,000 sq. ft. or greater.

Traffic Engineering No comment.

Water & Sewer The current structures are served by County water and sewer service.

Criteria for Evaluation of Rezoning Proposal

1. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property. The subject property is located on the east side of North Belair Road. Adjacent property is a mixture of residential (R-2 and R-1) and S-1 for other religious uses. The plan revision is suitable in view of the use and development of adjacent and nearby property.

2. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property. Staff does not anticipate the proposed revision adversely affecting the existing use or usability of adjacent or nearby property.

3. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned. The property is currently zoned S-1 and has a reasonable economic use as currently zoned.

A Community of Pride…A County of Vision…Endless Opportunity Page 3 of 4 REZONING August 3, 2017 FILE : RZ17-08-03 Major S-1 Revision

5. If the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan. The subject property is located within the Evans Area Neighborhoods Character Area in the Vision 2035 Future Land Use map. The intent of a Neighborhood Area is to preserve established neighborhoods and create quality new residential construction at residential densities. They are generally characterized by moderate density residential development and neighborhoods. Primary future land uses include moderate density detached single family uses, greenways and trails, and civic benefits such as community centers, libraries, places of worship, and schools. As a place of worship, expansion of the use is consistent with the intent of the established character area.

7. Whether the proposal reflects a reasonable balance between the promotion of health, safety, and welfare against the right to unrestricted use of property. The proposal meets this test.

A Community of Pride…A County of Vision…Endless Opportunity Page 4 of 4 VARIANCE August 3, 2017 FILE : VA17-08-01 Variance to Section 90-53

Property Information Tax Map/Parcel ID Tax Map 062 Parcel 021C

Address/Location 733 Chamblin Road

Acreage (+/-) 3.0 +/- AC

Current Zoning R-A (Residential Agricultural)

Current Use Residence Variance to Section 90-53 List of Lot & Structure Request Requirements to reduce the rear setback Commission District District 4 (Morris)

Recommendation Approval

Summary and Recommendation

Owners and applicants Samuel & Jacquelin Carraway request a variance to Section 90-53 List of Lot & Structure Requirements for Tax Map 062 and Parcel 021C, 3.0 +/- acres, R-A (Residential Agricultural), and located at 733 Chamblin Road to reduce the rear setback from 25 feet to 10 feet.

The subject property is located on the west side of Chamblin Road, nearly opposite its intersection with Milton Hitt Road All adjacent properties are zoned R-A (Residential Agricultural).

The request stems from an existing, approximately 900 square foot, uncompleted, accessory building that was constructed at 10 feet from the rear property line, well within the 25 foot minimum setback for an accessory building of this size. However, the applicants have provided an extensive history of the accessory building that explains why it was built at its present location, as well as some of the issues they have faced during the process.

According to the addendum from the applicants, they hired a contractor (Southern Advantage Construction) in November 2016 to build the accessory building. The contractor began work on the accessory building, completing a slab and minimal structural elements. The applicants questioned if a building permit had been obtained and were assured by the contractor that he was working with the County on all permits. However, in January, 2017, after multiple attempts to contact the contractor, he informed the applicants that the money they had paid to him for the construction was gone after he had lost a court case and had the money taken out of his account. In addition, it also became apparent at that time that building permits had not been attained and that it was well within the rear setback. The applicants then filed with the magistrate court and the contractor was arrested for conversion of funds. The applicants have been working with Building Standards to resolve the permitting issues and have filed this request for the reduction in the setback. The applicants have put up plywood on the interior to help stabilize the structure and have moved the rear wall back approximately 10 feet from the edge of the roof to create a small patio under the existing roof. A Community of Pride…A County of Vision…Endless Opportunity Page 1 of 4 VARIANCE August 3, 2017 FILE : VA17-08-01 Variance to Section 90-53

In terms of the building, the applicants state it will be enclosed with siding to match the house. In addition, it will be used for tool storage and personal use. It will not be inhabited, nor used for any business use. The applicants have also added they would be willing to plant trees or bushes at the rear of the building due to the proximity to the rear property line.

Upon review, staff is comfortable with the request. Initially it was thought that a fence plus evergreens would be the best remedy to offset the location of the accessory building. However, after conducting a site visit to see the context of the accessory building, staff no longer thinks this is necessary. The subject property, as well as all surrounding property, is zoned R-A Residential Agricultural. This classification carries a minimum lot size of 2.5 acres and a minimum rear setback of 25 feet for a structure over 400 square feet in size. These lots are large enough that houses and structures are generally far apart. For example, the accessory building in question is a little over 450 feet from both of the residences at 760 & 750 Meadow Hill Drive. Additionally, like most properties in the immediate area both the subject parcel and the rear properties are heavily wooded. Staff visited the building site on July 27th, 2017 at approximately 12:30PM and could not see either of the two residences to the rear of the site due to the tree cover and underbrush. While this was in the summer and in the winter this will be thinned due to the loss of leaves, staff does not think this will be a nuisance due to the distance.

Staff agrees that if residences were closer to the rear property line of the subject parcel or built at the rear setback of the adjacent parcels, then it is likely this would have conditions at a minimum. Staff did look at the possibility of adding an additional residence to either property since it would be feasible due to the size of the lots. However, the area that separates the accessory building from the adjacent residences is a valley and it is not likely that this area would be used for a residence. The property owner could also place smaller, under 400 square foot, accessory buildings at 5 feet from the property line by right as well.

After the analysis presented above, staff recommends approval of the request for a variance to Section 90-53 List of Lot & Structure Requirements for Tax Map 062 and Parcel 021C, 3.0 +/- acres, R-A (Residential Agricultural), and located at 733 Chamblin Road to reduce the rear setback from 25 feet to 10 feet.

Interdepartmental Review

A copy of this staff report, including a list of all recommended zoning conditions, is sent to the applicant and owner of the property in question prior to the public hearing.

Comments:

Building Standards: Ensure all applicable codes provided by the International Residential code for one and two family dwellings, National Electrical Code, International Mechanical Code, International Fuel Gas Code, International Plumbing Code, and Columbia County ordinances are met.

Environmental: No comments. A Community of Pride…A County of Vision…Endless Opportunity Page 2 of 4 VARIANCE August 3, 2017 FILE : VA17-08-01 Variance to Section 90-53

Fire Marshal: Applicable fire code requirements apply.

Health Department: No comments.

Stormwater Management: No conditions or comments.

Traffic Engineering No comments.

Water and Sewer: No comments.

Criteria for Evaluation of Variance Proposal

1. There are special circumstances or conditions unique to the property that do not generally apply to the district. The property owner has a unique circumstance due to a dishonest contractor that has necessitated the request for the variance. While this should not be the only basis for a decision on a variance, it is unique to the property. Further, the accessory building in question is over 450 feet from nearby residential structures and there is a substantial wooded area between the accessory building and existing residential structures.

2. The special circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of any reasonable use of his land. Mere loss of value shall not justify a variance. There must be a deprivation of beneficial use of land. The land could still be used for an accessory building. The applicant could actually place smaller accessory buildings closer to the property line if they desired.

3. Topographical or other conditions peculiar and particular to the site are such that strict adherence to the requirements of this chapter would cause the owner unnecessary hardship, and would not carry out the intent of this chapter, and that there is no feasible alternative to remedy the situation. There is a valley between the subject accessory building and adjacent residences that is particular to this site. While this doesn’t cause the owner unnecessary hardship, it makes it less likely that the area immediately behind the accessory building will be developed. It could of course be cleared if so desired, but that is true for any residential property.

A Community of Pride…A County of Vision…Endless Opportunity Page 3 of 4 VARIANCE August 3, 2017 FILE : VA17-08-01 Variance to Section 90-53

4. If granted, the variance shall be in harmony with the general purposes and intent of this chapter, and shall not be injurious to the neighborhood or detrimental to the public welfare. The variance is in harmony with the general purposes and intent of the ordinance. Due to the distance from adjacent residential structures and the topographical issues at the rear of the adjacent lots, staff does not see this as being detrimental to the public welfare.

5. In reviewing an application for a variance, the burden of showing that the variance should be recommended and/or granted shall be upon the person applying for the variance. The applicant has explained in depth the issues they have faced with the accessory building and provided sufficient justification for the variance.

6. When recommending a variance, the planning commission, or board of commissioners, when granting a variance, may establish reasonable conditions concerning the use of the property, and may establish an expiration date for such variances. So noted.

7. Any variance recommended and/or authorized is to be set forth in writing in the minutes of the planning commission and the board of commissioners, as the case may be, with the reasons for which the departure was justified, and the conditions under which the variance was granted. So noted.

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