HomeMy Public PortalAbout130_040_Ord 51-2014 Second Reading Hosti MAYOR st CITY MANAGER
Jason Buelterman Diane Schleicher
CITY COUNCIL
f __ CITY CLERK
Wanda Doyle,Mayor Pro Tern Janet LeViner
\fi,Barry Brown
Rob Callahan CITY ATTORNEY
Bill Garbett sir Edward M.Hughes
Monty Parks i � `
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: October 9, 2014
Item: Second Reading
Explanation: Map Amendment and Text Amendment—Ord. 51-2014; 1109 Lovell Ave.; current zoning R-2/
amended zoning N-G; Michael Hosti, petitioner; consideration of lot zoning
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:
Date given to Clerk of Council: October 1, 2014
* * *
P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified
(866) 786-4573—FAX(866) 786-5737 , of
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CITY OF TYBEE ISLAND Page 1 of 3
4);I LAND DEVELOPMENT CODE
` ' MAP AMENDMENT APPLICATION Fee $500
Applicant's Name: Michael Hosti
Applicant's Telephone Number: 912-786-4601
Applicant's Mailing Address: P.O. Box 6, Tybee Island, GA 31328
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 Campai �o�fr�ributions form attachment hereto: x Yes
, C,7 1
1/11(
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Signature of Applicant Date
: Other specific data is required for each proposed Map Amendment.
r
City Official 04-0/Y1-AAA--) Date - / 9- 204
Page 2 of 3
NOTE: This application must be accompanied by additional documentation, including drawings and/or text
that include or illustrate the information outlined below.
Indicate in the spaces provided whether or not the required information is provided.
YES or NO REFERENCE DESCRIPTION
5-020 (D) An amendment to the zoning map is considered to be an amendment of the Land
Development Code. Such action requires a hearing by the Planning Commission
and approval by the Mayor and Council at a scheduled public hearing.
5-040 (E) (2) An application for a map amendment shall include the following information:
5-040 (E) (2) (a) A map or plat of the land in question, and a description by metes and bounds,
bearings, and distances of the land, or if the boundaries conform to the lot
boundaries within a subdivision for which a plat is recorded in the land records of
Chatham County then the lot, block, and subdivision designations with
appropriate plat reference; and,
5-040 (E) (2) (b) The area of the land proposed to be reclassified stated in square feet if less than
one acre, and in acres if greater than one acre.
5-110 Section 5-110, Standards for Land Development Code or Zoning Map Amendment
Approval, identifies standards and other factors to be considered by the Mayor
and Council in making any zoning decision. The Applicant should provide written
data addressing each of the below listed standards and factors to assure
consideration of applicable information.
5-110 (A) The existing land use pattern;
5-110 (B) The possible creation of an isolated district unrelated to adjacent and nearby
districts;
5-110 (C) The existing population density pattern and the possible increase or overtaxing of
the load on public facilities;
5-110 (D) Whether changed or changing conditions make the passage of the proposed
amendment reasonable;
5-110 (E) Whether the proposed change will adversely influence existing conditions in the
neighborhood or the city at large;
5-110 (F) Potential impact on the environment, including but not limited to drainage, soil
erosion and sedimentation, flooding, air quality, and water quality and quantity;
5-110 (G) The reasonableness of the costs required of the public in providing, improving,
increasing or maintaining public utilities, schools, streets and public safety
necessities when considering the proposed changes;
5-110 (H) Whether the proposed change will be detrimental to the value or improvement or
development of adjacent or nearby property in accordance with existing
requirements;
5-110 (I) Whether the proposed change is out of scale with the needs of the neighborhood
or entire city;
5-110 (3) Whether the proposed change will constitute a grant of special privilege to the
individual owner as contrasted with the adjacent or nearby neighborhood or with
the general public; and,
5-110 (K) The extent to which the zoning decision is consistent with the current city master
plan or other local planning efforts, if any, of the city.
The Applicant certifies that he/she has read the requirements for Land Development Code Map Amendments
and has provided the required 'reformation to the best of his/her ability in a truthful nd honest manner.
r X ( 1:((( L
Signature of Applicant / Date
ORDINANCE NO. 51-2014
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA
RELATING TO ARTICLE 13 OF THE LAND DEVELOPMENT CODE
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt
reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of
Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the
Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and
home rule powers, and
WHEREAS, the City of Tybee Island desires to amend Article 13 of the Land Development Code
so that the properties described herein are designated for clarification and rezoning in order to correct the
status of certain properties and in order to ensure that the properties comport with their current use and the
overall plan of the city;
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island that the zoning map is amended and the test is hereby amended so that the following properties are
changed from their current zoning as reflected on the table below as follows:
See. 13-017.
PIN ADDRESS CURRENT ZONING AMENDED ZONING
4-0006-20-009 1109 Lovell Avenue R-2 N-G
SECTION 2
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of
Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.
ADOPTED THIS DAY OF , 2014.
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
Tybee/Ordinances/2014/51-2013—Art 13 zoning map amend Lovell 04.02.14
Sec. 5-110. Standards for Land Development Code or zoning map amendment approval.
In order to promote the public health, safety, and general welfare of the city against the unrestricted
use of property, the following standards and any other factors relevant to balancing the above stated
public interest will be considered, when deemed appropriate, by the mayor and council in making any
zoning decision:
(A) The existing [and use pattern;
(B) The possible creation of an isolated district unrelated to adjacent and nearby districts;
(C) The existing population density pattern and the possible increase or overtaxing of the load on
public facilities;
(D) Whether changed or changing conditions make the passage of the proposed amendment
reasonable;
(E) Whether the proposed change will adversely influence existing conditions in the neighborhood
or the city at large;
(F) Potential impact on the environment, including but not limited to drainage, soil erosion and
sedimentation,flooding, air quality, and water quality and quantity;
(G) The reasonableness of the costs required of the public in providing, improving, increasing or
maintaining public utilities, schools, streets and public safety necessities when considering the
proposed changes;
(H) Whether the proposed change will be detrimental to the value or improvement or development
of adjacent or nearby property in accordance with existing requirements;
(I) Whether the proposed change is out of scale with the needs of the neighborhood or entire city;
(J) Whether the proposed change will constitute a grant of special privilege to the individual owner
as contrasted with the adjacent or nearby neighborhood or with the general public; and,
(K) The extent to which the zoning decision is consistent with the current city master plan or other
local planning efforts, if any, of the city.
Sec. 4-050. District use regulations.
(R) Neighborhood grocery store district.
(1) Purpose. The purpose of the neighborhood grocery store district is to preserve what was
previously an existing non-conforming use and to protect adjoining and nearby properties from
intrusion of commercial property and to further preserve the residential character of the area
while meeting the needs of the community for a grocery store. The neighborhood grocery store
district is to provide a livable environment for residents and visitors while preserving a grocery
store operation and to provide for the operation of adequate parking and improved traffic flow
into and out of the grocery store area.
(2) Applicability. The neighborhood grocery store district shall encompass those properties
currently described as Property Identification Numbers 4-0008-19005 and 4-0006-19013, also
known as Lots 21A, 21B, 22A and 22B, Ward 3, Tybee Island, Georgia, and Property
Identification Numbers 4-0006-19-14 and 4-0006-19015, also known as Lots 20-A and 20-B,
Ward 3, Tybee Island, Georgia.
(3) Permitted uses/setbacks.
a. The following uses are the exclusive permitted uses within the neighborhood grocery store
district and are subject to site plan review:
1. A grocery store with associated parking as required. A grocery store is herein defined
as a store where most of the floor area is devoted to the sale of food products for
home preparation and consumption, which typically also offer other home care and
personal care products, and which are substantially larger and carry a broader range
of merchandise than convenience stores. The grocery store is not allowed to have
facilities for providing gasoline to motor vehicles or other service, mechanical or
garage type activities for motor vehicles.
2. Single-family residences.
3. Non-habitable accessory buildings, public utility structures; home business offices
and, following special review: bed and breakfast residential, guest cottages, home
occupations, and two-family dwellings.
b. Setbacks in this district for new structures shall be as provided in the R2 district under
section 3-090
c. This district shall have the same lot size and height restrictions applicable in the R2 district
under section 3-090 for new construction or new structures.
(4) Parking. Off-street parking for a grocery store operation shall require on parking spaces per
every 370 feet of gross grocery store floor area under roof on a square foot basis regardless of
the use of such area so as to include offices, stock rooms, freezers, etc. Parking for all
permitted uses other than a grocery store shall be as required in section 3-080
(5) Buffer. A buffer of not less than three feet, including arboreal features and suitable fencing, shall
be provided where the grocery store and parking is adjacent to the right of way of Lovell Avenue
and neighboring residential property.
(6) Notwithstanding any approved site plan or any other ordinance to the contrary, the city has
adopted a policy pertaining to special use of designated off-street parking areas in the
neighborhood grocery store district so as to allow a commercial business to use its private off-
street parking area for an outdoor event when all of the conditions are met under the policy. The
policy is on file with the clerk of council and with the zoning department. The policy may be
changed from time to time by the mayor and council in accordance with this code.
Sec. 4-050. District use regulations.
(C) R-2 one- and two-family residential district. The purpose of this district is to provide for affordable
development of single-family and duplex style development. This district is intended for medium
density residential neighborhoods which are quiet and livable. This district includes a mixture of one-
and two-family homes with compatible educational, religious, and public institutions as well as limited
home occupations.
(1) Uses permitted by right. In an R-2 residence district, land may be used and buildings or
structures may be erected, altered, or used for the following purposes:
a. Uses permitted in R-1 residence district; and
b. Two-family dwellings, (see also subdivision regulations).
(2) Uses permitted after special review. In an R-2 residence district, land may be used and
buildings or structures may be erected or used for the land uses listed below after a hearing has
been held by the planning commission and the mayor and council has granted approval at a
scheduled meeting.
a. Uses permitted after special review in R-1 residence district.
****** ****** ****** ****** ****** ******
(A) R-1 residence district. This land use district is established to minimize development densities in
certain portions of the island to prevent overall development on the island from exceeding its
environmental carrying capacity. Also, to provide for quiet, livable, low-density single-family
neighborhoods including compatible and supporting low impact educational, religious, and public
institutions, as well as limited provisions for bed and breakfast operations. The character of
development in these areas is oriented for permanent residents. This district shall remain single-
family residential with some light family oriented service uses. Commercial and industrial uses are
incompatible with this district.
(1) Uses permitted by right. In a R-1 residence district, land may be used and buildings or
structures may be erected or used for the following purposes:
a. Single-family dwellings;
b. Nonhabitable accessory buildings;
c. Public utility structures;
d. Home business offices; and,
e. Public community buildings, libraries, recreation centers and museums.
(2) Uses permitted after special review. In an R-1 residence district, land may be used and
buildings or structures may be erected or used for the land uses listed below after a hearing has
been held by the planning commission and the mayor and council has granted approval at a
scheduled meeting:
a. Bed and breakfast, residential;
b. Reserved;
c. Primary and secondary schools;
d. Nursing homes and ancillary activities;
e. Public parks and neighborhood playgrounds;
f. Churches, including Sunday schools or educational buildings;
g. Schools of general education, including kindergarten and day nurseries;
h. Guest cottages; and,
i. Home occupations.
ARTICLE 5. PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT
Sec. 5-160. Enforcement.
(A) Zoning enforcement officer. The mayor and council shall provide for the enforcement of this Land
Development Code by appointing a zoning administrator, who shall, jointly with the city marshal and other
inspections personnel, have the right to withhold building permits. The zoning administrator shall not have
the authority to grant approval to any building permit that does not meet the requirements of this Land
Development Code.
(B) Violations. Any building or structure that is erected, altered, converted, or maintained in violation of this Land
Development Code shall be subject to a minimum penalty of $500.00. Continuance of a violation shall be
considered a separate and distinct offense for every day the violation is continued.
(C) Enforcement of violations. When the zoning officer finds that any provision of this Land Development Code is
being violated, the zoning officer or agent thereof shall execute the following procedures:
(1) Thirty days prior to legal action by the city, send a written notice to the person responsible for such
violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional
notices may be sent at the zoning officer's discretion.
(2) Fifteen days prior to legal action by the city, send a final notice by certified mail stating the action the
zoning officer intends to pursue if the violation is not corrected and shall advise that the zoning officer's
decision may be appealed to the mayor and council at the next scheduled meeting.
(3) The zoning officer shall request a summons, accusation, or complaint from the clerk of the municipal
court of Tybee Island. "Complaint" shall mean summons, citation, accusation or statement of violation.
a, Upon receipt of the complaint, the clerk of the municipal court shall cause the complaint and a
hearing notice to be issued and served upon the owner of and any parties in interest in the property
or sign which is involved in or is the subject of the complaint. Such hearing shall be held before the
judge of the municipal court not less than ten days nor more than 30 days after service of the
complaint, unless continued as provided by law.
b. Complaints or orders issued by the municipal court pursuant to the provisions of this Land
Development Code shall, in all cases, be served upon each person in possession of said property,
each owner, and each party in interest; and the return of service signed by the public officer or his
agent and the return of such public officer that such party or parties were served either personally
or by leaving a copy of the complaint or order at the residence shall be conclusive as to such
service,to the extent permitted by law.
e. If any of the owners and parties in interest reside out of the city, service shall be perfected by
causing a copy of such complaint or orders to be served upon such party or parties by the sheriff or
any lawful deputy of the county of the residence of such party or parties and the return of services
signed by the public officer or his agent other than the resident initiating the complaint; and the
return of such public officer that such party or parties were served either personally or by leaving a
copy of the complaint or order at the residence shall be conclusive as to such service, to the extent
permitted by law.
d. Nonresidents of this state shall be served by posting a copy of such complaint or orders in a
conspicuous place on premises affected by the complaint or orders. Where the address of such
nonresidents is known, a copy of such complaint or orders shall be mailed to them by registered or
certified mail.
e. In the event either the owner or any party in interest is a minor or an insane person or person
laboring under disabilities, the guardian or other personal representative of such person shall be
served and if such guardian or personal representative resides outside the county or municipality or
is a nonresident he shall be served as provided for in subsection (C)(3)d. of this section. If such
guardian or personal representative or in the event such minor or insane person lives outside the
city or is a nonresident, service by leaving a copy at the place of his residence which shall be
Tybee Island, Georgia,Code of Ordinances Page 1
sufficient evidence as to the service of such person or persons; in the case of other person who live
outside of the city or are nonresidents, service shall be perfected by serving the judge of the
probate court of the county wherein such property is located who shall stand in the place of and
protect the rights of such minor or insane person or appoint a guardian ad !item for such person.
f. In the event the whereabouts of any owner or party in interest is unknown and the same cannot be
ascertained by the zoning officer in the exercise of reasonable diligence the zoning officer shall
make an affidavit to that effect, then the service of such complaint or order upon such persons shall
be made in the same manner as provided in subsection (C)(3)d. of this section or service may be
perfected upon any person, firm, or corporation holding itself out as an agent for the property
involved.
(D) Complaints regarding violations. Whenever the zoning enforcement officer receives a written, signed
complaint alleging a violation of this Land Development Code, he or she shall investigate the complaint, take
whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.
(E) Persons liable for violations. The owner, tenant, or occupant of any building or land or part thereof and any
architect, engineer, builder, contractor, agent, or other person who participates in, assists, directs, creates, or
maintains any situation that is contrary to the requirements of this Land Development Code may be held
responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
Tybee Island, Georgia, Code of Ordinances Page 2
To Tybee Island Planning commission
And Tybee Island City council :
To All :
I am requesting a variance for using my vacant lot
at 1109 Lovell Ave for storage in trailers that have
been in use there for over 5 years. The trailers are
personal property of mine and the contents are
paper products and charcoal for sale in Tybee
market.
There has not been an issue in the past with these
trailers and their use until Diane Schleicher came to
me over a public safety issue of delivery trucks on
lovell ave. The issue was trucks having to travel
several blocks on lovell to turn back out to Butler
ave. The corners and utility poles as well as stop
signs and street corner markers make it impossible
for delivery tractors to make turns back out to
Butler ave. At the time She was speaking with me
told her that widening the turn radius on 11th and
Lovell would only spark up complaints from One of
my neighbors. Gloria Leonard whom has been my
only complaining neighbor for years was deemed a
nuisance complainer by the Georgia dept Of
Agriculture several years back. She had complained
about any and everything to the city and finally the
city told her that I was in compliance with all of her
issues and they could not help her then she went to
the Health dept after nearly two years of a
compliance officer coming to the store 2-3 times a
week I was called to Atlanta for an interview at the
state health dept as well as all of the compliance
officers that had come to check on her complaints.
The conclusion was that Mrs Leonard was a
nuisance complainer. My attorney Then lettered her
to let her know that if she persisted we would take
legal action. Since that time she has had her
Daughter Katherine Williams do her complaining. It
has been quite some time, until the city widened
the corner in efforts to make public safety better in
moving trucks back to butler, Since I have had her
complain. I told The city manager this would
happen and it did. The complaint was non
compliant use of a residential lot that had been
used for the purpose of the requested Variance for
5 or more years and wasting taxpayers money to
accommodate a business on Tybee. As you can see
it was directed at Tybee Market as a problem and
expense to the community.
Tybee Market has been a operating licensed
business since 1934 serving our residents with
needs continually now for 80 years.
Please find attached correspondence from
neighbors on either side of the lot in question
supporting the use of the trailers for storage.
Neither neighbor could quite understand what the
issue is and say the trailers have not ever been an
issue in the past .
Thank you all for your consideration in this issue !
Ike ` osti
Tybee Market Inc. IGA
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Living near the IGA
From: Larry Schmitz (cathyandlarry @comcast.net)
Sent Fri 7/04/14 6:30 PM
To: mhosti @hotmail.com (mhosti @hotmail.com)
Hey Mike. Just want to stress again how much we enjoy having our beach house near
the store. You are a real resource. If you need any support for your future plans
with the neighborhood feel free to contact me. Hope you get a chance to relax a
little this summer. Larry Schmitz 1107 Lovell
Sent from my iPhone
•
1of1 7121120144:ORPM
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RE: Living near the IGA
From: cathyandlarry @comcast.net
Sent: Mon 7/21/14 9:33 PM
To: mike hosti (mhosti @hotmail.com)
Mike: I am sending you this with the expectation that someone in the City Council will read it while
formulating the prospects of a zoning variance for the use of storage trailers.
As I have stated in a previous email, I consider your store a resource and consider you a good
neighbor. Your store occupies an unusual niche on the island, and because of this, some would say
gets favored status. As a neighbor and fellow resident (albeit part time) I support giving you special
consideration. I am of the opinion that you are a very considerate neighbor and have done
everything in your control to minimize the disruption of having a store in the middle of a
neighborhood. I personally consider the trailers you use next to my property a nice buffer. They do
not make noise, they do not complain about my noise, and they give me a visual barrier that I would
not have if there were an empty parking lot or worse, an adjacent house.
Please feel free to contact me at any time if anyone on the Council has any questions that I could
address.
Larry Schmitz 1107 Lovell Tybee Island Ga. and 25 Barnett Dr Savannah Ga. 31406 912 429
4673 (cell)
--
----- Original Message
Michael Hosti
1109 Lovell Ave.
PIN 4-0006-20-009
Current Zone R-2
Amended Zone N-G
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