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HomeMy Public PortalAbout050_010_20140109minutes City Council Minutes 20140109 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on January 9, 2014. Those present were Mayor pro tern Wanda Doyle, Paul Wolff, Monty Parks, Rob Callahan, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Dana Braun and Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Dianne Otto, Manager, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: • Minutes, City Council Meeting, December 12, 2013, as amended • Minutes, Special City Council Meeting, December 19, 2013, as amended • Ashley Workman, Tybee Island Community Resource Committee • Bobby McManus, Tybee Island Audit Committee • Jane Coslick, Tybee Island Historic Preservation • South End Policies and Procedures. Discussion: Ms. Otto stated that the recommended changes from the previous city council meeting have been incorporated into this agenda item. She explained with the previous language, staff would approve a request up to 48" and awnings greater than 48" would be a council action. With this change, all approvals would be handled at the staff level, awnings on Butler Avenue would be required to be 48" and awnings on the Strand or Tybrisa would be required to be 72". Mayor Buelterman asked if this would affect current awnings. Ms. Otto stated no this would only apply to new requests. This request is from the Main Street Board of Directors asking for conformity and an easier process rather than a $500 site plan approval process. Ms. Doyle stated that she is in favor of these changes as it is business friendly. Ms. Otto reminded mayor and council this is a policy and will not require first and second reading. Mayor Buelterman asked Ms. Morton to let mayor and council know if the Main Street Board has issues with the policy so changes could be incorporated. Ms. Doyle would ask Ms. Morton to poll all of the businesses in the south end to insure they are agreeable with the policy. • CRS Audit/Section 420 Mapping — Ecological Planning Group Proposal is $9,500. Project is time sensitive to meet ISO/CRS representative's site visit schedule. Approval needed to move $9,500 from the Green Space Fund of the general fund balance to the TEMA account 100-3920-52-3225 (CRS-Flood Awareness). Mayor Buelterman confirmed with Ms. Schleicher that the City is taking advantage of all open space and elements. Ed DiTommaso, Project Manager, Ecological Planning Group approached mayor and council to answer any questions that mayor and council might have. Mayor Buelterman confirmed that he will be available to work with the City's ISO/GRS Representation to get a summary of the City's point breakdown by section based on the CRS Manual. Mr. DiTommaso confirmed. Ms. Otto stated that the different activities are currently on screen regarding freeboarding. She further stated that Section 600 mainly pertains to levees and dams which does not apply to Tybee Island. A discussion ensued regarding all the activities and points that are available which would assist in reducing the flood insurance rate. Mayor Buelterman asked Mr. DiTommaso if their might be an opportunity for him to meet him as well as with Ms. Otto, Ms. Schleicher and Mr. Jimmy Brown to review the ISO Manual. He agreed. Mayor Buelterman would like Mr. DiTommaso to give us an estimate of how many points the City would receive if the City requires new construction be at a 3' freeboard to include the fill and compensatory storage. Mr. DiTommaso stated that he was not able to do that as there are variables. Mr. Garbett asked Mr. DiTommaso the possible gain from additional greenspace. He responded that he did not have that information with him. Mr. Wolff suggested that there be two ordinances, one with the requirement for 3' of freeboard and the other is that prohibits adding fill to the lot other than for leveling. This might also increase the amount of points the City would receive. Mr. Parks asked Mr. DiTommaso to explain the deliverables associated with this proposal. Mr. DiTommaso responded that it would include a point by point review of the City's activities versus what CRS would give points to the City. Ms. Otto stated that there are so many other options that the City could pursue to receive additional points which would lead to a better classification. • To obtain the City Council's approval to amend the FY 2014 General Fund Operating Budget for year-end adjustments by an increase of $18,800. Parking Services is seeking to increase their budget by $18,800 and fund the parts from the prior year fund balance. Discussion: Mr. Wolff stated that it was his understanding from the previous city council meeting that there was a surplus in the current year's revenue and this request would be taken from that revenue. Ms. Schleicher confirmed and explained that due to the lead time, equipment and parts need to be ordered immediately and not wait for the revenues to be collected. Mr. Wolff agreed with the item. Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Hank Perry, Trinity Chapel United Methodist Church • Pledge of Allegiance Recognitions and Proclamations • Mayor Buelterman presented a plaque and a watch to Tom Groover in appreciation for his service on city council for 2012-2013. Mr. Groover thanked everyone for their support during his term of office. Mr. Callahan thanked everyone for submitting their names as there were more applications than there are vacancies for the Planning and Ethics Commissions. He would ask that those who are not appointed reapply when vacancies become available. Consideration of Boards, Commissions and Committee Appointments • Planning Commission. Clerk of Council, Jan LeViner read the results of the public vote (attached) that was taken for the four vacant seats. The results were as follows: o Demery Bishop o Tom Borkowski o Julie Livingston o John Mayor • Ethics Commission. Clerk of Council, Jan LeViner, read the results of the public vote (attached) that was taken for the six vacant seats. Wanda Doyle recused. The results were as follows: o Dennis Alexander o Katherine Garlington o Ben Goggins o Danny Hill o Anna Kathy Jackson o Michael Pappas *Citizens to Be Heard: Please limit comments to 3 minutes. Maximum Allowable time is 5 minutes. Brent Palmer, Tybee Water Slide approached mayor and council to present his proposal for a water slide on Tybee Island. He explained that there are two currently under his supervision, one in the Treasure Island area and one in Madera Beach. Mr. Palmer stated he would obtain the approval of the Department of Natural Resources (DNR) prior to obtaining approval from the City as the slide would be on the sand. Mr. Wolff asked Mr. Palmer if he has spoken with DNR and being this is a new venture for them, it might take longer to go through the process. Mr. Palmer confirmed and further stated that it will use up to 300 gallons of fresh water a day. There was a discussion of the size of the slide and possible locations. Mayor Buelterman polled council for their recommendations. Mr. Brown as well as other council members suggested it be put on a vacant lot rather than the beach. They are also concerned with the obtaining approval of DNR. Ms. Doyle expressed her concerns as the beach is small and she would prefer the slide be at an alternative location. Mayor Buelterman thanked Mr. Palmer for his presentation. Julia Pearce approached mayor and council to speak on the upcoming Martin Luther King Parade on Saturday, January 11, 2014. She would ask that everyone participate in the celebration. Hal Stillings, American Legion Post 154, approached mayor and council to speak in opposition of the second reading of Ordinance 04-2014, Banners, He would ask mayor and council to reconsider the permit fee of $10.00 per occurrence as organizations using the sign location are non-profit organizations. There was a short discussion regarding adding another location for banners and possible sites. Ms. Doyle stated she would be against adding more locations. Mayor Buelterman thanked Mr. Stillings for his concerns. Freda Rutherford approached mayor and council to ask for clarification as to who is eligible to use to sign/banner locations on the Island. Mayor Buelterman explained that it would be the non-profits that receive community grants and there are exceptions to this such as non-Tybee groups. Mayor Buelterman thanked Ms. Rutherford for coming forward. Paul Wolff made a motion to approve the consent agenda. Wanda Doyle seconded. Vote was unanimous. Public Hearings Special Review & Site Plan Approval — 1701 Butler Ave. o consideration of special events, pavilion with storage and pavers; PIN 4-0009-02-008; Zone C-1/SE; Beachview Bed & Breakfast. Dianne Otto approached mayor and council to answer any questions regarding this request. She explained that the request is for special events, the construction of a pavilion with storage areas and project to improve the parking lot. Ms. Otto stated the Planning Commission heard this request and the vote was 4-0 to approve. They also requested that for each special event, a parking plan or shuttling contract be submitted for approval as well as all buffering requirements be completed within sixty days after approval. Ms. Doyle asked for clarification of the concerns of the Planning Commission regarding the buffer as there is a buffer across the back of the property to include plantings and the only opening is the driveway. It is her understanding that there is to be either a fence or vegetative buffer and would ask Ms. Otto to explain. Ms. Otto directed mayor and council to Sec 3-160 which outlines the option to meet the basic requirements or to propose alternative requirements. She then read from the section. Ms. Doyle still has questions regarding the requirements as the buffers are already in place. Mr. Branch stated that the ordinance requires the standard fence and buffer or mayor and council can impose conditions or deem what is in place adequate. Mr. Callahan stated that the requirement is predicated on what land use abuts the property. Ms. Otto confirmed as there is a buffer on three sides. Mr. Callahan stated it is his opinion that the road would count as buffer. Ms. Doyle asked Mr. Branch that if mayor and council agree the property is adequately buffered, would that suffice for this agenda item. Mr. Branch stated that the minimum must be met or mayor and council may impose conditions. Mr. Garbett added that the conditions that might be imposed would be less stringent than the ordinance. Mr. Branch confirmed depending on the circumstances. Mr. Wolff stated that the primary purpose of the buffer requirement would be to mitigate noise and lights from passing vehicles. He would agree that the existing bamboo would suffice as a vegetative buffer without adding a fence. Ms. Doyle asked Ms. Otto to explain the special event portion of this request. Ms. Otto stated that site plan approval is required for construction of the pavilion as is with any commercial development and special review is required by the Code section for the C-1 district that requires dwellings or structures rented for special events and the petitioner has not been through that process. Mr. Braun clarified that if you are a bed and breakfast it does not mean you are a special event location. Karen Kelly approached mayor and council stating that her property is zoned commercial and that she does not feel she should have paid the additional $500 for special events. She then read a prepared statement which included a history of the Beachview Bed and Breakfast and further explained her request. She gave a history of the Beachview and would ask mayor and council to approve this request. Mayor Buelterman thanked Ms. Kelly for her presentation. Frank Kelly and Nick Sears approached mayor and council to speak in favor of this request. Mr. Kelly would ask for a continuous approval for special events as the bed and breakfast is not in a residential area. Mr. Sears stated that he is the neighbor and friend of the Hunter House as well as the Kelly's. He would ask mayor and council to approve this request and agree that the buffering that is currently in place is sufficient. Keith Gay approached mayor and council to speak on behalf of Mr. and Mrs. Kelly. He would respectively ask mayor and council to approve this application by eliminating any buffer request other than what is in place and set aside the parking issue. There was a short discussion regarding parking, Sec 3-080(F)(1). Ron Garner approached mayor and council to speak in favor of this request. He stated that there are three 3-star attractions on the Island: The Wedding Chapel on the north end; the Sundae Café in the center of the Island; and south end, the Beachview Inn. Mayor Buelterman thanked Mr. Garner as well as the other speakers for their input. Mr. Garbett asked Ms. Otto to briefly explain the special review process. Mr. Branch responded that the issue regarding if special review is required because of the new structure and new use is not the major issues, the buffer and parking are. Mr. Branch clarified that the Kelly's would not need to apply for a special event application each time there was an event at their property. Wanda Doyle made a motion to approve the application for special event, leaving the natural vegetative buffer in its current state and approve the parking plan as submitted. Paul Wolff seconded. Discussion: Ms. Otto asked for clarification regarding the site plan approval to construct the pavilion is included in the motion. Mayor Buelterman confirmed. Vote was unanimous, 6-0. Variance — 3 Thirteenth Lane — consideration of setback encroachments for third story addition; PIN 4-0007-06-004A; Zone R-T; Ken Grainger. Ms. Otto approached mayor and council stating this variance request was heard by the Planning Commission and the vote was 5-0 in favor. She explained that the residence at 3 Thirteenth Lane is a single family residence and is not a FEMA compliant structure. It is also a non-conforming structure with two setbacks. Ms. Doyle stated that with adding a third story, portions of the third story would also be encroaching into the south and the west side hence the variance request. Ms. Doyle asked for clarification. Ms. Otto explained the setback requirements as explained in the LDC, Sec 3-020. Mr. Callahan stated that he has seen many top story additions fail and once the architectural drawings are complete, it is doubtful the designer can keep the new foundation and building footprint within the existing lines of the existing structure. Wanda Doyle made a motion to approve. Barry Brown seconded. Voting in favor were Paul Wolff, Monty Parks, Wanda Doyle, Barry Brown and Bill Garbett. Voting against was Rob Callahan. Motion carried 5-1. Special Review — 1518 Fifth Avenue — consideration of residential bed & breakfast; PIN 4-0008-11-007; Zone R-2; Leuveda & Ron Garner. Ms. Otto approached mayor and council explaining the history of this cottage which is a separate structure from the primary residence on the property. Previously, when the guest cottage was approved it was stipulated that the use was only for family purposes. Planning Commission heard this request and the vote was 4-1 to approve. Mr. Wolff asked Ms. Otto if the building has been brought up to Code as a habitable dwelling. Ms. Otto confirmed. There is one stipulation, that the loft could not be used for sleeping arrangements as there is not adequate space within the structure to provide the required code compliant access to the loft. The loft can only be used for storage. Mr. Brown asked if the cottage has a kitchen and if it is attached to the main resident. Ms. Otto confirmed there was a kitchen and the cottage it is not attached to the main residence. Ron Garner approached mayor and council to give a brief history of the property and guest cottage. He would further request ask mayor and council to approve this request. Frank Kelly approached mayor and council to speak in favor of this request and ask mayor and council to approve the special review consideration. Mr. Garbett asked Mr. Kelly to explain his rentals on the island. Mr. Kelly explained that his wife, Karen, has a realestate license and their rentals fall under her license. Mayor Buelterman read correspondence from residents speaking in favor and against this consideration (attached). Mr. Branch clarified that there is nothing in the Code that is totally clear regarding a bed and breakfast being a dwelling unit. It is his opinion that a bed and breakfast is one unit, a dwelling unit, where breakfast if provided as well as sleeping accommodations. There was a short discussion regarding the history of the bed and breakfast locations on the Island. Bill Garbett made a motion to approve. Wanda Doyle seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Motion carried 5-1. Mayor Buelterman asked Mr. Braun if there is something mayor and council can do to clarify the definition of a bed and breakfast in the future. Mr. Braun responded that mayor and council would need to clarify what is meant by a bed and breakfast as to whether it needs to be a part of the principle house and not a separate structure. Mayor Buelterman stated that it the ordinance should state what is and was is not allowed. Mayor and council confirmed. He asked that Mr. Branch craft an ordinance to address these concerns. Mr. Branch confirmed. Variance — Lot 10 Robinson Avenue — consideration of setback encroachments for new single-family dwelling; PIN 4-0002-08-005; Mack Kitchen. Ms. Otto stated that a variance was granted a year ago and expired in December 2013. This is the exact same request that was previously before the Planning Commission and mayor and council. Ms. Otto stated that this was heard by the Planning Commission and the vote was 5-0 to approve. Mike Bernstein approached mayor and council stating he is the adjacent property owner and when the Planning Commission heard this request previously the vote was 3-2 to approve. He expressed his concerns with notification of the public hearing in December 2013 and feels it is unfair to him as a property owner that he was not given ample notification. Mr. Bernstein explained that the sign was not properly posted on the property and feels it is unacceptable. This is a disadvantage as he was not able to attend the Planning Commission meeting. Mr. Otto responded that the scheduled date for the Planning Commission was Tuesday, December 17, 2013. The Monday prior, December 9, 2013, the agenda was set, the public hearing signs were completed and the next day a representative from Department of Public Works (DPW) picked up the signs for installation. Ms. Otto did go to the location on Friday, December 13, 2013 to confirm the signs were in place. Mr. Bernstein responded that he does not feel he was given ample notification of the Planning Commission meeting. He would further request that this item return to the Planning Commission so he could voice his opinions. Mayor Buelterman asked Ms. Otto if the letter of the law was followed regarding the posting of the signs and meeting. Ms. Otto confirmed. She further stated that the public hearing before mayor and council is the official public hearing. Notices were mailed to the adjacent neighbors, published in the legal organ, and meeting posted. Mr. Bernstein confirmed he did receive notification in the mail but still feels he was denied his due process. He then expressed his concerns with the variance request as it is 10' off his property line. Ms. Doyle stated that it is her understanding the existing slab would be used. Mr. Bernstein confirmed and further discussed the moving the footprint of the residence so it is not so close to his property line and would recommend moving it closer to Robinson Avenue. Ms. Otto clarified that this property is in a R-1 zone, the set-backs are 20' front and back and 10' on the sides. The footprint as proposed is on the front, 18.2', and if moved further toward Robinson Avenue he will not meet the front set-back. Mack Kitchen approached mayor and council stating he is not requesting anything more than the existing variance as previously approved. Mr. Garbett asked Mr. Kitchen if he will have to rebuild the existing slab. Mr. Kitchen responded no as the footings are stable. Mr. Brown asked Mr. Kitchen to meet with Mr. Bernstein to come to an amicable solution. Mr. Kitchen responded he only wants to use the existing slab. Wanda Doyle made a motion to approve. Monty Parks seconded. Discussion: Mayor Buelterman asked for clarification with the notification process. Ms. Otto responded that the public hearing sign is normally posted the Tuesday of the week prior to the planning commission meeting. He then asked Ms. Schleicher to set a policy for posting the signs to ensure proper posting of the notification signs. Ms. Schleicher confirmed and will work with DPW. Voting in favor were Paul Wolff, Monty Parks, Wanda Doyle and Bill Garbett. Voting against was Rob Callahan and Barry Brown. Motion carried 4-2. 01-2014, First Reading, Text Amendment, Consideration of Increased Freeboard Requirement; Article 8 — Flood Damage Prevention. Ms. Otto approached mayor and council and stated that this was heard by the Planning Commission at both their November and December meetings. At the November meeting they requested more input regarding the CRS program as did mayor and council at their meeting. At the December meeting after receiving the information the motion was to approve a change from 1' freeboard to 3' freeboard and was approved 6- 0. She further explained that there are a number of changes within Article 8, Flood Damage Prevention, where reference is made to the 1' freeboard and if approved all those would be changed to reflect the 3' freeboard requirement. Ms. Otto stated that this is a first reading and will be before mayor and council on January 23, 2014. Mayor Buelterman asked Ms. Otto if this is just inclusive of the freeboard. Ms. Otto confirmed as the Planning Commission requested further information regarding other options. Mayor Buelterman then asked if there are other items that the City might not have reviewed that would have unintended consequences for example, issues with stairs in the setback which requires variances. Ms. Otto stated that it will vary site to site based on ground elevations as the current FEMA requirement is for how high you have to build and then the City's additional 3' freeboard. She further stated that for many locations, residents are choosing to elevate to the point of having parking under their residences, they are meeting and in some cases exceeding the 3' freeboard. Mayor Buelterman asked Mr. Brown the difference in building in a "V" zone versus an "AE" zone. Mr. Brown explained that the lowest structural member is required to be 1' above the flood plain whereas in an "AE" zone it determined by the finished floor section. Mayor Buelterman recommended that mayor and council approve this request as it does not just affect the properties that are under construction but affects everyone. He would suggest that the City take a harder look at the unintended consequences and determine where it might impact other areas of the Code. There was a discussion regarding adding fill to the property during construction. Mayor Buelterman asked Ms. Otto is she had available the information showing the difference in the annual flood insurance costs for 1', 2' and 3' freeboard. Ms. Otto stated it is included in the packet before mayor and council. Mayor Buelterman would recommend that property owners that are building adopt the 3' freeboard. Mr. Brown suggested that this agenda item be revisited until such time that more research is done. Mayor Buelterman confirmed as the City has until April 2014 before the site visit. Mr. Brown stated he will contact Jimmy Brown to work with him for further suggestions. Mr. Wolff stated that it will be in everyone's best interest to conform to the 3' freeboard which will result in lower flood insurance rates. Mr. Wolff discussed the added expense to increase to a 3' freeboard which is minimal. He then explained that mayor and council are trying to accomplish ways to receive the 375 points on the City's CRS rating by enacting an ordinance that requires 3' of freeboard for all new construction as it has no effect on existing structures. Mayor Buelterman asked Mr. Brown his recommendations, as a City, on ways to find more points to lower flood insurance rates. Mr. Brown responded that he would like to meet with Jimmy Brown and discuss all aspects of the proposed ordinance. Mayor Buelterman recommended that this be placed on the February city council agenda and during the time meet with local builders to get their recommendations and input. Jimmy Brown approached mayor and council and stated that the City has already received the packets and will start working toward the April 16, 2014 cycle visit. He explained that documents to include maps are required to be submitted by February 18, 2014. It is his understanding that as long as this ordinance is in place for the April 16, 2014 meeting, points could be awarded. Calculations take up to 45 days to be made and it is his recommendation that the 3' freeboard be adopted. Mayor Buelterman recommended that the first reading be table until clarity is received on how this will impact other aspects of the Code. He further recommended it be included on the February 13, 2014 agenda. Jimmy Brown confirmed. Mayor Buelterman asked Jimmy Brown if there were items that are being reviewed by Chatham Emergency Management Association (CEMA) that are not being addressed due to their priories. Ms. Schleicher stated that those items are related to dams and levees which does not affect Tybee Island. Mayor Buelterman expressed his concerns that Chatham County might not be doing what they can to assist the City in receiving more points and if this is happening he would ask Jimmy Brown to alert mayor and council so they can be addressed. Tong Petrea approached mayor and council to express his approval of the 3' freeboard ordinance. He explained that with the 3' freeboard there may be some unwanted consequences such as height which will cause additional variance requests. Mr. Petrea is in agreement with continuing the first reading until more information is obtained. He would further recommend that mayor and council get the support of the City regarding free space. In this way the City can maintain the rating of 7 or move above. Bill Garbett made a motion to continue to the city council meeting on February 13, 2014, Paul Wolff seconded. Vote was unanimous, 6-0. 02-2014, First Reading, Text Amendment, Consideration of Amendment to Adopted Codes; Section 9-050, Technical Codes Adopted. Ms. Otto stated that in Article 9 there is a list of various technical codes that the City of Tybee has adopted and most are included in the International Code Council (ICC). It has been a practice of staff that when the Codes are adopted and published from the ICC or NFPA, the Department of Community Affairs reviews and institutes the Georgia Amendments which is a fine tuned blanket code to Georgia situations. These amendments have been used to enforce instances on the Island. Ms. Otto explained there was a recent audit and a result was the City does not have language that adopted the Georgia Amendments which are being enforced on the Island. The proposed ordinance before mayor and council includes language that the City does use the Technical Codes as amended by the Georgia Amendments. She stated that this was heard by the Planning Commission and was approved 6-0. Rob Callahan made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. Consideration of Ordinances, Resolutions 03-2014, Second Reading, Sec 3-080, Off-street Parking, Bicycle Racks. Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. 04-2014, Second Reading, Sec 6-080, Design Standards, Banners. Monty Parks made a motion to approve the design standards for banners with removing the fee. Paul Wolff seconded for discussion. Discussion: Mr. Wolff clarified that what mayor and council is voting on is a labeled proposed ordnance where by adding all non- profit not just those receiving City subsidies. Mayor Buelterman confirmed. Ms. Otto added there is an additional sentence in the proposed ordinance that banners promoting a political candidate and/or election are not allowed at the locations. Mayor Buelterman stated that if there is a group that would like to reserve the location to raise money for their political group, this would not be allowed. Ms. Otto stated this does not limit a political organization if they are conducting a fund raiser but it does limit a banner that would promote a candidate. Ms. Doyle stated that it is her opinion that nothing should be allowed that is political. Mr. Branch expressed his concerns regarding First Amendment Rights. Mayor Buelterman stated that the existing ordinance is in place which does not have a fee attached and he would ask mayor and council to address Ms. Doyle and Mr. Parks concerns and bring them back to the next council meeting for second reading. Ms. Otto asked if mayor and council if it is possible to take action striking the sentence regarding political signs and approving the eight days prior to the event and one day removal after and address the political content at a later date. Mr. Parks withdrew his motion. Mr. Wolff withdrew his second. Monty Parks made a motion approve and to remove language regarding political parties and the fees. Paul Wolff seconded. Discussion: Mr. Braun recommended that mayor and council leave the reference to political in the ordinance and address at a later date. Mr. Parks withdrew his motion. Mr. Wolff withdrew his second. Monty Parks made a motion to approve as amended by removing the fee. Paul Wolff seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Motion carried 5-1. 05-2014, Second Reading, Sec 3-220, Amusement Parks. Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. Wanda Doyle made a motion to adjourn. Paul Wolff seconded. Vote was unanimous. Meeting adjourned at 9:45PM PLANNING COMMISSION -PLEASE CHOOSE FOUR NAME YES NO Demery Bishop (term ends 1/31/14) Bohman Tom Borkowski (term ends 1/31/14) . Ronald Bossick Sloan Edenfield Knudson Julie Livingston X Joh Major(former member) }� Charles Matlock Signed:\, r f ETHICS COMMISSION -PLEASE CHOOSE SIX NAME YES NO Dennis Alexander David Baker Katherine Garlington Ben Goggins 7 Danny Hill (former Chair) Anna K Jackson (term ends 2/1/14) Linda McAdams Michael Pappas Philip Rosen Dick Smith Phyllis Spencer Brucie Westerman_(former-• ; ber) ne Si / g C'�- _ /' PLANNING COMMISSION -PLEASE CHOOSE FOUR NAME YES NO Demery Bishop ( term ends 1/31/14) t'_ Thomas Bohman Tom Borkowski (term ends 1/31/14) Ronald Bossick Sloan Edenfield Knudson Julie Livingston Joh Major(former member) St-- Charles Matlock Signed: ETHICS COMMISSION-PLEASE CHOOSE SIX NAME YES NO Dennis Alexander )--- David Baker Katherine Garlington Ben Goggins Danny Hill (former Chair) Anna K Jackson (term ends 2/1/14) Linda McAdams Michael Pappas !� Philip Rosen Dick Smith Phyllis Spencer Brucie Westerman (former member) Signed: V/441 -- PLANNING COMMISSION -PLEASE CHOOSE FOUR NAME YES i NO Demery Bishop (term ends 1/31/14) ,// Thomas Bohman Tom Borkowski (term ends 1/31/14) Ronald Bossick Sloan Edenfield Knudson Julie Livingston Joh Major(former member) Charles Matlock Signed: 1/ ETHICS COMMISSION -PLEASE CHOOSE SIX NAME YES NO Dennis Alexander David Baker Katherine Garlington Ben Goggins V ' Danny Hill (former Chair) Anna K Jackson (term ends 2/1/14) Linda McAdams Michael Pappas Philip Rosen Dick Smith Phyllis Spencer Brucie Westerman (former member) Signed U[", Igt* PLANNING COMMISSION -PLEASE CHOOSE FOUR NAME YES NO Demery Bishop (term ends 1/31/14) Thomas Bohman r/ Tom Borkowski (term ends 1/31/14) Ronald Bossick Sloan Edenfield Knudson Julie Livingston Joh Major(former member) ,! Charles Matlock Signed: ft/ ' ETHICS COMMISSION - PLEASE CHOOSE SIX NAME YES NO Dennis Alexander David Baker Katherine Garlington Ben Goggins Danny Hill (former Chair) Anna K Jackson (term ends 2/1/14) Linda McAdams Michael Pappas Philip Rosen Dick Smith Phyllis Spencer Brucie Westerman (former member) Signed: �4%, /e� /LJ _ PLANNING COMMISSION-PLEASE CHOOSE FOUR NAME YES NO Demery Bishop (term ends 1/31/14) / Thomas Bohman Tom Borkowski (term ends 1/31/14) Ronald Bossick Sloan Edenfield Knudson Julie Livingston Joh Major(former member) Charles Matlock Signed: ETHICS COMMISSION - PLEASE CHOOSE SX NAME YES NO Dennis Alexander David Baker Katherine Garlington Ben Goggins Danny Hill (former Chair) Anna K Jackson (term ends 2/1/14) Linda McAdams Michael Pappas U� Philip Rosen Dick Smith L� Phyllis Spencer Brucie Westerman (former member) i- ISigned: ��./� h _ _____�_..._ /3"Ai PLANNING COMMISSION -PLEASE CHOOSE FOUR NAME YES NO Demery Bishop (term ends 1/31/14) d/ Thomas Bohman Tom Borkowski (term ends 1/31/14) Ronald Bossick Sloan Edenfield Knudson ‹ Julie Livingston Joh Major(former member) Charles Matlock Signed: ! ETHICS COMMISSION -PLEASE CHOOSE SIX NAME YES NO Dennis Alexander L."7 David Baker Katherine Garlington Ben Goggins Danny Hill (former Chair) Anna K Jackson (term ends 2/1/14) Linda McAdams Michael Pappas Philip Rosen Dick Smith Phyllis Spencer Brucie Westerman me;fber) Signed:'c'</- ' 4144°L Jan LeViner To: Jason Buelterman Subject: RE: Expression of Opposition to Residential Bed & Breakfast at 1518 Fifth Ave From: dfpcyp©comcast.net [mailto:dfocyD©comcast.net] Sent: Thursday,January 09, 2014 4:09 PM To:Jan LeViner Subject: Fwd: Expression of Opposition to Residential Bed & Breakfast at 1518 Fifth Ave Good Afternoon, Jan! I apologize for taking so long to get this to you!!! Please distribute the below message to the Mayor and Council Members prior to tonight's Council Meeting so it can be read and made a part of the minutes of the meeting. Thank you for your assistance! Carolyn With regard to the request for Special R!view — 1518 Fifth Avenue — consideration of residential bed & breakfast; PiN 4-0008-11-007; Zone R-2; Leuveda & Ron Garner: My husband and I have lived at 1517 Miller ;?ve. since 1994 and are t}i Garner's closest neighbors since we share a rear property line. We have always enjoyed having the Garners as neighbors, but we are STRONGLY opposed to having rental property "in our back yard." have expressed our objections to "rental property in our back yard" to the Garners on more than one occasion so our opposition to their request sh.uid come as no surprise. The original purpose of the building ,ias stated as being a "tool shed," but was never used as such and, in our opinion, was never intended to be anything other than a vacation cottage since interior work continued after inspection furnishings were purchased for this 2-bedroom, 1 bath building with a small "kitchenette." Family and friends stayed in the cottage occasionally, but then it began being occupied quite regularly, and we learned it had been advertised on the internet as a vacation rental. It was after this that someone reported this activity to the City and the Garner's were told they could not rent the cottage nor even have family stay in it since it was not "up to code." The Garners said they would have to "bring the cottage up to code" in order for family to stay there while visiting. At that time, they said they were concerned about the cost of bringing it up to code if they could not rent it. We said we would want a privacy fence put up if it were to be raised. They received a building permit & came before City Council to request that the cottage be declared a "caretakers cottage" so guests would be allowed to stay while visiting. I think it was also stated in Council meeting that it would be for their guests only and would NOT be rented. The reality is that is has been rented -- we know people who have recently rented it. A few months ago, Leuveda said that IF Ron lost his part-time job with the US Census due to government cuts, they would need to either rent the cottage as a vacation rental or move out of their house & rent it as such, and asked our opinion about both options. I told her we did not like either option because we did not want vacation renters or a party house "in our back yard." I further said that, if those were our only options, we would prefer that the cottage be rented and NOT the house, because if they were still living there, they would be subject to the same vacationers as us and would likely be more careful about who was aiFowed to rent. Now they are before Council asking to be allowed to used their property as "residential bed & breakfast," which translated, means VACATION RENTAL. The special review item on the Agenda does not state whether they are referring to just the cottage, the main house, or both. One concern is that, if the cottage is approved as a B&B, the house will be next. We've already gone from a tool shed to a caretakers cottage that would not be rented, to a B&B -- what's next?? We bought property in a long-established, quiet, RESIDENTIAL area for a reason. If we had wanted to live in the VACATION ZONE, we would have bought property elsewhere on the island. Not only will our privacy be directly affected by allowing a vacation rental just across our back fence, but there is the issue of parking. Currently, whenever visitors are staying in the cottage, Ron moves his van (with the Tybee Parking sticker) to the boat ramp or side of the road on the empty lit across Tybrisa from our house. There is not room to park both of the Garner's vehicles AND guest vehicles on their property. When the cottage was initially being rented, there were a couple of times when 2 or 3 vehicles were there & so were parked on the empty lot. The parking problem is VERY REAL around our houses EVERY WEEKEND in the Summer, nevermind when there is a special event. Both Ron & we have purchased traffic cones to keep people from parking on & in our yards se I don't understand why they want to add to the problem. (Some of our tax dollars need to be spent solving the SERIOUS 2 PARKING ISSUES on the island instead of paying for fire works to bring more people here who don't have a place to parkf i U) The Garners have always been good neighbors and I would hope they can say the same about us. The only issue we have ever had stems from the deceptive way the cottage came about and the question of credibility caused because they were not straight forward with us about it from the beginning. That is why I now ask, "What's next if this is approved for the cottage?" I respectfully submit then- comments on behalf of my husband and myself and ASK THAT THE RESIDENTIAL BED & BREAKFASTNACATIONAL RENTAL BE DENIED for this location. Thank you for your time and consideration, Carolyn & Dennis Pierce This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.If you are not the named addressee you should not disseminate,distribute or copy this e-mail.Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of The City of Tybee Island.The recipient should check this email and any attachments for the presence of viruses.The City of Tybee Island accepts no liability for any damage caused by any virus transmitted by this email.City of Tybee Island P.O.Box 2749 Tybee Island,GA 31328 feeefe4eet eeeee#eeeeeeeeeeee*.***.eeeee*M RMMeM•R.IY*****i+iiki******.****.11teHeief e.....lw eeee*.***..4W******ft•*******.. 3 Jan LeViner From: Jason Buelterman <buelterman @hotmail.com> Sent: Monday,January 06, 2014 9:01 AM To: Jan LeViner Subject: Fwd: Garner B&B Can u pls print and put on my desk for thur night. Thanks! Sent from my iPhone Begin forwarded message: From: Carol D'Cruz<carolmdcruz@gmail.com> Date: January 5, 2014 at 7:30:25 PM EST To: "buelterman@hotmail.com" <buelterman@hotmail.com> Cc: Jason D'Cruz<rjdAmmmlaw.com>, Leuveda Garner<leuveda@bellsouth.net> Subject: Garner B&B Dear Mayor Buelterman and Council Members, My husband Jason and I would like to ask you to give consideration to the request of Leuveda and Ron Garner to approve their beautiful cottage for a B&B license. As a resident(off and on) at Tybee for over 40 years, I know that their request only adds to the welcoming hospitality that Tybee provides (thanks to you all!). I think you should know they are the kind of people that helps Tybee maintain it's wonderful reputation. What other residents, on their daily walks, pick up trash, direct tourists, and support the ambiance of our Tybee being the friendliest place on the coast? It would be hard, if not impossible, to find a couple that cares more about our piece of heaven. I seriously think that all of the council should embrace these kinds of residents and support them in all of our endeavors: to make Tybee a stand-out in every way. This is a chance for you and all of the council, who work so hard, to do a small thing that will greatly add to the well-being of a long standing Tybee family and show residents that you are in favor of making Tybee a place that has many options for visitors. I truly appreciate all that you and the Council do to make our community a one-of-a-kind destination. I sincerely hope that you will read this letter to the council members this Thursday night. Thank you, Carol D'Cruz 1704 Inlet Avenue Sent from my iPhone 1 Jan LeViner From: Dianne Otto Sent: Tuesday,January 07, 2014 1:16 PM To: Jan LeViner Subject: FW: Request for B&B Jan —The email below was received earlier today. The sender emailed it to the Mayor and the Council Members. I have printed a copy for my file and I'm forwarding it to you. Please distribute it to any others that should have received it. Dianne K. Otto, CFM City of Tybee Island Planning &Zoning Manager phone 912.472.5031 fax 912.786.9539 From: Viviane Dubuc [mailto:viviane.dubuc @comcast.net] Sent: Tuesday, January 07, 2014 12:02 PM To: Mayor Hotmail; wandaddoyle @gmail.com; babrowncityoftybee @gmail.com; tybeeduo @bellsouth.net; bgarbett@bellsouth.net; robc1950 @comcast.net; 'c.sidesurf @yahoo.com.' Cc: Dianne Otto Subject: Request for B&B The Home Selection Committee of the Tybee Island Tour of Homes has become aware of a request from Ron and Leuveda Garner for approval to convert the 1- bedroom cottage on their property to a small B&B. We support this request. The Garners supported Tybee by opening their home and cottage for our 2013 Tour of Homes. Tour participants found the little cottage charming and inviting and many thought it would be a lovely place to stay. The Tybee Tour of Homes is in favor of the Garners' request and think their little cottage would provide a lovely B&B for guests of our island. We request your support for their application. Respectively, Joey Burel Tour of Homes Chair Viviane Dubuc Karen Rhodes Beth Tanner Jan LeViner From: Monty Parks <c.sidesurf @yahoo.com> Sent: Wednesday,January 08, 2014 6:59 PM To: Fine Arts Commission;Jan LeViner Subject: Re: Special Review -- 1518 Fifth Avenue Thank you....I have copied Jan to make sure this goes on record.... Monty From: Jim & Patricia Miller Wann <piwann(a�earthlink.net> To: c.sidesurfyahoo.com Sent:Wednesday, January 8, 2014 5:46 PM Subject: Special Review-- 1518 Fifth Avenue RE: Special Review— 1518 Fifth Avenue — Consideration of residential bed & breakfast; PIN 4- 008-11-007; Zone R-2; Leuveda & Ron Garner Dear Councilman Parks, We have lived next door to Ron & Leuveda Garner since 2004 and we could not ask for better neighbors. They are lovely people and they care about our neighborhood. Their cottage inspired us when we were looking to create our own "Tybee cottage." Through the years their home has been featured on the Tybee Tour of Homes and they have been honored with "Yard of the Month" at least once. The attractive cottage they have built adds to the charm of the neighborhood. It is a one bedroom cottage and we are confident that anyone they have as guests will be people that we will be happy to have visit our neighborhood. It is our opinion that they will also visit our stores and restaurants and therefore be an asset to our local economy. As neighbors, we have absolutely no objection to the Garners using their cottage as a bed & breakfast and respectfully urge the Council to approve their request. Sincerely, Jim & Patricia Wann 1512 Fifth Avenue i