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HomeMy Public PortalAbout120_010_ Special Review Tybee Lights MAYOR - CITY MANAGER Jason Buelterman r► 444,Q Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Jan Fox CITY ATTORNEY Bill Garbett Edward M.Hughes Tom Groover Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: August 8, 2013 Item: Public Hearing Explanation: Special Review—Audrey Casey for Tybee Lights Condominium Association; 106-116 Butler Ave. units A, B, C; Zone R-T; consideration of request to alter and remove vegetation Budget Line Item Number(if applicable): N/A Paper Work: ✓ Attached * Audio/Video Presentation ** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912)472-5031 /dotto@cityoftybee.org Comments: none Date given to Clerk of Council: July 29, 2013 * * * P.O.Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5832 City of I Ethics www.cityoftybee.org ���,8`L� r. PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: July 16, 2013 Petitioner: Audrey Casey for Tybee Lights Condominium Association Project Name/Description: 106 through 116 Butler Ave.; units A, B, C Action Requested: Special Review Special Review X Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS Bishop X Motion to approve Borkowski X Second Bramble X Callahan X Marion Absent McNaughton X Parks Chair The Planning Commission recommends: ® Approval ❑ Denial ❑ Continued Planning Commission Chair: Date: Planning &Zoning Manager:,. L4:51,,,", ,o Date: /- I -13 STAFF REPORT PLANNING COMMISSION MEETING OF: July 16, 2013 CITY COUNCIL MEETING OF: August 8, 2013 LOCATION: 106 through 116 Butler Ave.,units A,B,C PINs: 4-0004-03-012 through-029 APPLICANT: Audrey Casey for Tybee Lights Condo Association OWNER: Tybee Lights Condo Assoc. EXISTING USE: 18-unit condominium building PROPOSED USE: same ZONING: R-T USE PERMITTED BY RIGHT: No APPLICATION: Special Review COMMUNTTY CHARACTER MAP: Arts,Eats,Eco-business Corridor PROPOSAL: The applicant represents the Tybee Lights Condominium Association. The request is removal of vegetation at 106 through 116 Butler Avenue. The applicant also stated a request to remove trash. Staff advised that city approval or a permit were not required for trash removal. ANALYSIS: Mr. Brad Gane of the Department of Natural Resources Coastal Resources Division recently issued a Letter of Permission(LOP)to the Tybee Lights Condominium Association. The LOP allows pruning of existing vegetation adjacent to the building (oleander and pampas) and permanent removal of an invasive species known as salt cedar. All work is to be accomplished using hand tools. Herbicide would be used to destroy the salt cedar. Per the LOP,because the work would occur during turtle nesting season the condo association must consult with a DNR Sea Turtle worker prior to beginning the project. Staff has provided the applicant with the name and phone number of the local DNR Sea Turtle coordinator. Special Review approval of the proposed project is required by Land Development Code (LDC) Section 3-100; Beach,Dunes, or Vegetation Disturbance/Crossover Maintenance and Construction: It shall be unlawful for any person in any manner to damage, destroy, remove, or alter in any way the beach, dunes or vegetation thereon in the area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act (O.C.G.A. 12-5-230, et seq) without having first obtained the proper federal, state and local permits. Special review shall be required for any alteration, construction or disturbance of beach, dunes or vegetation thereon including the alteration or construction of dune crossovers;provided, however city projects, approved special events or the maintenance of existing dune crossovers, including the replacement of supports, decking boards, pilings and or handrails, for placement in the same location as then currently exist, shall not require special review. Within any area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act (0.C.G.A. 12-5-230, et seq.), there shall be a ten (10)foot setback measured from the landward toe of the landward-most dune as delineated by the Georgia Department of Natural Resources. • 4 Section 5-070, Standards for Special Review Land uses listed in Article 4 of this Land Development Code that are permitted after special review must follow an administrative procedure prior to the issuance of any land development permit. (A) Review criteria. The planning commission shall hear and make recommendation upon such uses in a district that are permitted after special review. The application to establish such use shall be approved by the mayor and council on a finding that: (1) The proposed use will not be contrary to the purpose of this Land Development Code; (2) The proposed use will not be contrary to the findings and recommendations of the master plan; (3) The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood or adversely affect the health and safety of residents and workers; (4) The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement associated with the use, noise or fumes generated by or as a result of the use, or type of physical activity associated with the land use; (5) The proposed use will not be affected adversely by the existing uses of adjacent properties; (6) The proposed use will be placed on a lot which is of sufficient size to satisfy the space requirements of said use; (7) The parking and all development standards set forth for each particular use for which a permit may be granted will be met. (B) Additional mitigation requirements. The planning commission may suggest and the mayor and council may impose or require such additional restrictions and standards (i.e., increased setbacks, buffer strips, screening, etc.): (1) As may be necessary to protect the health and safety of workers and residents in the community; and (2) To protect the value and use of property in the general neighborhood. (C) Adherence to requirements. Provided that wherever the mayor and council shall find in the case of any permit granted pursuant to the provisions of these regulations, noncompliance of any term, condition, or restrictions upon which such permit was granted, the mayor and council shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing. (D) Permit longevity. If a building permit or other preparations or conditions are required prior to implementing special review approval granted by the mayor and council such permitting or other preparations or conditions must occur within 12 months from the date of special review approval. Such approval is based on information provided in the application. Building permits may only be granted for plans consistent with the approved application. Any deviation from the information submitted will require separate approval by planning commission and mayor and council. In the event of a hardship or other extenuating circumstance the permit holder may apply to the designated city official for a one-time extension of permit approval. Permit extensions may not be approved in extenuating circumstances for a period of no more than 180 days. Should the permit not be exercised in the extension period it will expire. • 4 The general character of the area surrounding the Tybee Lights property is fully developed residential, including single-family and multi-family dwellings. The Tybee Lights condominiums have views of the Atlantic Ocean. Located near"the curve,"the adjacent dune field is smaller than that of most other oceanfront properties. The property is within the R-T,Residential Tourist District. Section 4-050(D) of the LDC describes the district: The purpose of this district is to provide for areas where tourists and residents are mixed. Development in this district is primarily residential; however, limited accommodations are made for the housing of the tourist population visiting overnight, weekends, weeks, or extended periods. [Section 4-050(D)] The description from the Comprehensive Plan of the Arts, Eats, Eco-business Corridor Community Character Area reads: This area functions as an activity center with a mix of neighborhood commercial uses including shopping, crafts, restaurants, and eco-tourism. The following table demonstrates that most of the Recommended Development Strategies of the Character Area are not applicable to the proposed trimming and removal of vegetation. Comprehensive Plan Section 1.2.1—Arts, Eats&Eco-Business Corridor Recommended Development Strategies Strategy Meets Strategy Y/N or N/A 1 New development,redevelopment and restoration should be consistent with N existing character of the area in terms of mass, scale,use and density. 2 Encourage commercial and mixed-use infill development and redevelopment N/A along the Highway 80 commercial corridor. 3 Down zoning within the Highway 80 commercial corridor should be N/A discouraged. 4 Establish a set of standards for a maximum percentage of residential use on a N/A per parcel basis to encourage mixed-use. 5. Enhance pedestrian movement through streetscape improvements. N/A 6 Support the continued development of the Tybee Island bikeway including N/A bike lanes and multi-use trails. Establish standards and design guidelines for signage. Develop a "theme" for 7. signage to ensure that it is consistent and fits with the character of the area and N/A the Island as a whole. 8 Allow for an appropriate mix of retail,residential, and tourism-related uses N/A consistent with the vision of the Plan. 9. Implement traffic calming measures and parking improvements. N/A 10. Establish noise and sight buffers between the commercial uses and the N adjacent residential areas. STAFF FINDING: The City of Tybee Island may issue the required local permit for the proposed project only after consideration of this Special Review application by the Planning Commission and approval of the request by the Mayor/City Council. Staff Report prepared by Dianne Otto ATTACHMENTS A. Special Review Application(2 pages) B. Project Narrative with photograph from applicant(1 page) C. Letter of Permission from DNR/CRD, dated 06/18/2013 (2 pages) D. Plat of subject property,dated 01/13/1977(1 page) E. SAGIS map (1 page) F. Photographs of existing conditions(2 pages) CITY OF TYBEE ISLAND Fee$500 SPECIAL REVIEW APPLICATION 1 Applicant's Name , ft.(C(r`e.f..(1 �� . Las C,L" - hi bCj e L i�S hfs �a Asoc Address and location of subject property /I I ��T/ r' CJ / > r cit.„ PIN -0 004-03'012 4w0051, -Da...q Applicant's Telephone Number 6,, 78 ,q6-2. /66 / Applicant's Mailing Address .2�a, 3 Poi f 7 e�2 / , / IA@ r, e � G/ 3 o 7" Brief description of the land development activity and use of the land thereafter to take place on the property: i)/e7,/ALtlin ibtti ' .J/L+tz itibl a 1/4L 411 ':'y. 4(Avizim It xerie. . Property Owner's Name / loci hne( 6 C•(( Telephone Number 6.7s- :.5.-3-/e76/ Property Owner's Address l(L{ !7 e►r' 74 v e, 1 ti A e e. jQ lia 6 l_- i 3 F) Is Applicant the Property Owner? ,-° Yes No If Applicant is the Property Owner, Proof of Ownership is attached: VYes �ti rCeI'cad'I-03 Cali If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is attached hereto. Yes Current Zoning of Property f?- Current Use 12 2 3. C`j F i_1.fl c.2 Names and addresses of all adjacent property owners are attached: V Yes If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant must disclose the following: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action, and the date of each contribution; c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. Disclosure of Campaign Contributions form attachment hereto: V Yes I r (,j tG, Le,•// : v Gr' ,.t.'.(/ '0�'(•/ -- r:.:-.{, (,' l Signature of Appl cant / D /1 NOTE: Other specific data is required for each type of Special Review. Gre_d 4- Fee Amount$ CD 0 Check Number ecr-'d Date C '1 -03-( 3 City Official 1,0-/ (cD NOTE: This application must be accompanied by following information: er A detailed description of the proposed activities, hours of operation, or number of units. v 13 copies, no smaller than 11 x 17, of the proposed site plan and architectural renderings. The Applicant certifies that he/she has read the requirements for Site Plan Approval and has provided the required information to the best of his/her ability in a truthful and honest manner. 1-1—U461 . old / e ignature of can e The Tybee Lights Condominium Association Board appointed me to investigate the maintenance of our common area beachside that has long been overgrown with weeds and trash.Thank you, Ms.Barreiro for meeting with me today on the premises and reviewing the original plat.You identified the large bushes in front of the sea wall as an invasive weed called Tamarisk or salt cedar,and the DNR is notifying property owners of the need to eradicate this nuisance plant that is a threat to the beach front and landscape of Tybee Island. I am asking permission from you as representative of the DNR to cut the trees down to ground level and treat with an approved pesticide as discussed during our meeting.Also,there is a need to maintain the beachside by trimming the permanent shrubs such as Oleander and Pampas and keeping the area free of trash and other objects that pose a safety threat to the residents.Our landscape group, Laura Maurer's"Lawn and Order",can handle this project and will coordinate removal techniques with the department. Audrey Casey 678.953.1661 - ,33 _� Fl. ,.. "YY �, f F . a.. t J q. V ,, A. , .K �.� k, • ! ' lit _11` `' . E' r j':'; h`q�= , '.Bra C4 it. 11 "r 4 , ,' 1 v' Tanen>. w ; i lr P ` �' F R ^ � EY R E: i f ://,'..1= _ w r a 5. f ` , y1� / i I esti ,,,,e c a. `w jnnst�.0i°uq 6z ceni,1§SMANS f, i ; -- -4 -* ' -- * ' ' 4 sA -, ‘‘ GEORGIA DEPARTMENT OF NATURAL RESOURCES COASTAL RESOURCES DIVISION MARK WILLIAMS AG.'SPUD'Wo0DWARD COMMISSIONER DIRECTOR JUN 1 8 2013 ROM' \Ii Tybee Lights Condominium Association la 2 0 2013 c/o Audry Casey ((01 to q 53- 1 b(v I 263 Pamela Street NW Marietta, Georgia 30064-2161 Re: Letter of Permission (LOP), Maintenance of Existing Landscaping and Removal of Invasive Species,Atlantic Ocean, Tybee Island, Chatham County, Georgia Dear Ms. Casey: This letter is in response to your request dated June 3, 2013 to maintain existing landscaping and to remove invasive species that are in the State's Jurisdiction. The proposed project involves pruning existing landscaped vegetation adjacent to the building and the removal of Tamarix chinensis (also known as salt cedar), a deciduous shrub that is classified as a noxious weed in seven states in the United States . The project will begin no sooner than 15 days after the date on this letter and be completed within 6 months of the letters issuance in January, 2014. As proposed, the project scope includes hand trimming the existing landscaping adjacent to the building for resident's safety and building maintenance and hand removal of the Tamarix. The Tamarix will be cut off near the ground and have herbicide immediately applied to the cut stump. As proposed, the Tamarix foliage above the ground will be removed using hand tools only. There will be no excavation of the existing root system. The remaining trunks and re-sprouts will be treated with foliar applications of herbicide. No indiscriminate spraying of herbicide is authorized. All foliage must be properly disposed. Incineration is the preferred method. The Department authorizes the proposed project as depicted above and in the attached Plan and Description provided all Best Management Practices (BMPs)be used. All work must be accomplished using hand tools only. This Letter of Permission is not meant to exempt the above referenced activity from future environmental laws. No equipment, materials or debris may be placed, disposed of, or stored in jurisdictional areas. Any incidental impacts associated with this project must be rectified by fully restoring areas to their pre-construction topographic and vegetative states. This LOP is valid for the above referenced project. Any change in the use, location, dimensions, or configuration of the approved project, without prior notification and approval from this office could result on the revocation of this permission and in the required removal of the materials and related structures. This project must comply with all other Federal, State, and local statutes, ordinances and regulations. ONE CONStRv'ATR)N WA, tiFOR ;IA 31520 886 ')12.2(4.-.- a FAX '}122o2.3143 'W.C.:OA\ CGA[)NRt RG; Page2of2 JUN 1 8 2013 Because the project occurs between May 1st and October 31st, turtle nesting season, an individual with a DNR Sea Turtle Cooperators Permit must survey the area prior to the work beginning. All sea turtle nests must be avoided and no heavy equipment may be used within 20' of a nest area. TQ rn m 1 srh C Q 11) 4 8' -3416 If you have any further questions or concerns in regard to this or any other projects please feel free to contact Deb Barreiro at 912.266.3695. Sincerely, (--13 C Brad Gane Chief Ecological Services Section Enclosures: Project Description & Location Map; Site Photos cc: File# LOP20130097 City of Tybee Island c/o Diane Otto Box 2749 403 Butler Avenue Tybee Island, Georgia 31328 (0 •2 — 13 s co i3 7 1ay,„"y, Sin's,TTY rj'.i ia' Y9 .4- l, 6= 4G VF •'S .11 B i.,:. rc X' ii j4,� i,1 1 1..l»6 o.J � n ,b�i,o ii.nimmu•„i••*uatnwn aNn,,>xnr �roun,J mrdo•.;nuim. i• i. 0i �} r: DuT :tEI AVEWUE BO JZ)w (N.S. awl,. .so) 141 L•! 9►!Rk • Y• IN Wit - ''' I 135' 'K7' 80' b0' I D5' ti 1-17-,&41'140 C.ii, ^ • N( ■ <& fs ,; t 15 14 i 10 : i I � > .A `1 \a./'Y..TI Nu 'EA ,__00 ,.0 i 04 �A a ^: ' i 'S 7ATE •OF• & EOR.(,SA ' t CHATHAM_• COUNTY • PLAT OF THE 14011.THE1CIJ 17' OF THE WE4TERN POP.T101. 1 OF ISEAGH 1. 07 Ito, THE WE5TERIJ PORTIONS OF 5I.A614 • :' I °., LOT4 15 & 1+J AND LA TS' iJ,'IO• A14D THE. VIE e,TEkW • P0R.FNDN OF LOTQ OF A 5OODIVI',1014 OF BEACH LOT 1f il. ' 6 ,4N1JA...H 6EAGH , GEORG-IA � `` FO1L:,. TY15EE LJG'HTZ GONDJMIIJIUA!i5 5 G A LE: 1"=44' .. wr .ft++. +r p L .....n I .n!� JAN;U42Y l*. 191'1 ....MUD 44 �`' E.ARRETT k EXLE1r, 114G. "...+..� , , ilitt "- . 311vEY146 ° AALAFTIW6 1 SAYAllUdii bECR61A ' • --V'' ` r'.. ----.. ._.__� . Tybee Lights Condominium Association 18 units • 106 Butler Avenue, units A, B, C • 108 Butler Avenue, units A, B, C • 110 Butler Avenue, units A, B, C • 112 Butler Avenue, units A, B, C • 114 Butler Avenue, units Al B, C • 116 Butler Avenue, units A, B, C PINs 4-0004-03-012 through -029 _ _ 4 111, t\ _ C. lit 44041.111`" 1. w P. rfr • 11� Y .F .I . . ' - j'---1.,-: '' - ' •I 1 , i , ., - ' - 11 f El 1 ,. rte. _-I, -a; I -7')- ‘I1+4'. 1 F ..imsi. I,rid .,4 /f . ,!' -1 ,'~�, 4./ _ - Tyr - Y f L el - - •n._� :r sus+.. z ELF -- ;07,:. ♦�; a: - �.. i`_ , Y _ S-_ �.. ��'s +X.� `S'_- vabR1L'iii"_. _._.et.. . „....., .., - • ;i= - `I III III j16 } _ ■ 1 . :1!1.''' ll • 1 1 6 ' F . . 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