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Planning commission recommends denial of Underberg rezoning but approves related variance
Summary
The Oconee County Planning Commission recommended denial of Underberg LLC’s rezoning request (P250198C) for a 4,500 sq ft assembly hall but voted to recommend approval of a related buffer variance (P250199) with conditions, citing comprehensive-plan conflicts and local drainage concerns.
The Oconee County Planning Commission on Nov. 17 recommended denial of a request to rezone Parcel A07034A (P250198C) from A-1 to B-2 that would allow a 4,500-square-foot events space or auditorium. Planning staff told the commission the rezoning is not consistent with the joint comprehensive plan for the Town of Bishop and listed nine recommended conditions that would apply if the rezoning were approved, including a traffic-impact study and restrictions on stormwater ponds and building materials.
Justin Greer of Pittman & Greer Engineering, representing the applicant Underberg LLC, told commissioners the site sits at a commercial node near Highway 186/441 and existing commercial uses and that the proposed facility would generate traffic similar to a small office (he cited the ITE manual) because it is not a daily-use facility. Greer also said the proposed shared stormwater management and shared access are standard engineering solutions and asked commissioners to remove condition 8, which would prohibit stormwater ponds across property lines for this proposal.
Resident Brian Smith, whose property backs up to Cemetery Road and Bishop Cemetery, said he supported the project so long as adequate buffers were provided and said the site already functions as a commercial node. No speakers signed up in opposition during the public comment period.
During commissioner questions, staff and the applicant contested whether stormwater is a "use" that triggers the "one principal use per lot" rule in the Bishop code; Greer argued stormwater functions as a utility. A motion to approve the rezoning with staff conditions but striking condition 8 failed on a 3–4 hand vote. The commission then voted to recommend denial of the rezoning; the record shows the commission will forward that recommendation to the Board of Commissioners.
On the related variance (P250199) — a request to reduce the required 15-foot buffer along the eastern property line to allow shared access and a pond — staff said approval would be appropriate only if the rezoning were approved. Applicant representatives said the variance was necessary to provide shared access and shared stormwater infrastructure. Commissioners discussed plantings and whether existing trees could satisfy screening requirements and ultimately approved a motion recommending the variance with conditions (the motion strikes staff condition 4 and retains conditions 1, 2, 3 and 5). The commission will forward that recommendation to the governing body for final action.
Next steps: the commission’s recommendations (the denial of the rezoning and the approval recommendation for the variance with conditions) will be transmitted to the Board of Commissioners for a final decision.
