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HomeMy Public PortalAbout20060321_PCMinutes 1 MINUTES Planning Commission Meeting March 21, 2006 – 7:00 p.m. Vice Chairperson Rachel Perkins called the March 21, 2006 Planning Commission meeting to order. Members present were Barry Brown, Sandy Chandler, Bill Garbett, Susan Hill, Honor Hutton, Gene Kindrick, and Chuck Powell. Chairperson Lawanna Tsoulos was absent. Building and Zoning staff present: Chuck Bargeron, Warren Millikan, and Dianne Otto. The Minutes from the February 21, 2006 meeting had not been distributed to the Planning Commission Members. It was determined that they would be approved at the April 18, 2006 meeting. Vice Chairperson Rachel Perkins announced the need to elect a Vice Vice Chairperson. Sandy Chandler nominated Susan Hill. Chuck Powell seconded the motion. The vote was unanimous. Vice Chairperson Rachel Perkins said petitioners had withdrawn two items on the agenda. The first was a Site Plan Approval request in the C-1 zone at 104 Tybrisa Street, PIN 4-0008-07-010, petitioners Brent Palmer, Chris Godfrey and David Savere. The other was a Zoning Variance petition at 9 Lovell Avenue in the R-1-B zone at 9 Lovell Avenue, PIN 4-0003-17-005, requested by Gail Lamb. Vice Chairperson Rachel Perkins opened the meeting for a Special Review petition in an R-2 zone for 1107, 1109 and 1111 Butler Avenue, PINs 4-0006-19-014 and 4-0006-19-015. The petitioner was Mike Hosti, owner of Tybee Market IGA. Jim Stone, conceptual designer of Southern Cross Design, LLC, presented. The request was to remove an existing house from a lot next to the store to convert that lot and a vacant adjacent lot to parking. Stone said Hosti wanted to purchase the two lots to expand the parking capabilities for the market. Stone distributed a revised design to the Planning Commissioners and said it had a few changes from the version they had seen at the Agenda Meeting to make the dimensions more legible. He said the handicap parking had been moved to an area where an improved glass- enclosed entrance may be added to the store in the future. He said the steps had been replaced with an ADA ramp down to the new parking area. A media presentation showed current photographs of the area and the drawings that had been distributed. Stone said currently supply trucks enter from Twelfth Street and Lovell Avenue. He said Hosti, at his own expense, added concrete to the City right-of-way so the trucks could handle the right-hand turn, however, at Eleventh Street and Lovell Avenue there have been occasions where trucks have needed more room to swing the corner. He said the solution was for Hosti to purchase the two lots, moving the house to another lot on Tybee. Stone said this would add twenty critically needed parking spaces. He said they would have an expanded curb cut where the existing curb cut was for the house. Stone said he spoke that day with Georgia Department of Transportation and he emailed the drawing to them for review, and they thought it seemed like a pretty good plan. He said there was a 5-foot buffer and the plan was to move palms and do extensive landscaping. He said there would be a lighted wood carved sign and a low voltage security light system, possibly solar. Stone said the center drive section would have to be heavy duty concrete to handle the delivery trucks. Stone said the landscaping and pavers should be very attractive. He said the existing IGA sign would be relocated. He showed slides depicting a 24-foot box truck and 52-foot tractor-trailer navigating the right-hand turn from Lovell Avenue into the parking lot. Stone said he spoke with the DOT about the suggestion from the Agenda Meeting of closing off the Lovell Avenue entrance and having trucks back in from Butler Avenue and the DOT said they would cringe at the idea and they were not interested in having commercial trucks backing off of Highway 80. Stone said for an existing situation DOT understands, but for a new plan that was not something they would be likely to approve. Stone said DOT will explore the site to nail down the details. Stone said Butler Avenue can get pretty hectic and elderly folks could enter from Lovell with safer ingress/egress. Stone said the existing parking lot was tight. He said one other safety issue he spoke with DOT about was closing the curb cut from the existing sloped parking to eliminate the chance of buggies running away. Barry Brown asked why a truck backing up was a bad idea. Stone said his client would incur additional expense hand-trucking or using other methods of getting the grocery supplies to the loading dock. Stone said he explored it with DOT and they did not feel it was an ideal situation if there was a way to avoid it for safety issues. Barry Brown asked about using a forklift to unload the trucks. Stone said the DOT was not likely to approve commercial trucks backing off of Highway 80. Barry Brown asked if deliveries were between 7 and 8 a.m. and if the store was open then. Stone said the store was not open and the staff was there. Bill Garbett asked how this proposal differed from the one Hosti 2 presented in December. Stone said the plan Hosti presented was hand drawn, not to scale, and it had angled parking. He said with diagonal parking the vehicles would automatically exit to Lovell Avenue. He said straight parking spaces maximized the number of spaces as well as encouraged egress to the Butler Avenue exit. Vice Chairperson Rachel Perkins said at this time they would allow anyone from the audience who would like to have something to say for or against the project. She asked that they make sure their comments address this project that was being planned. Jimmy Brown said he and his wife Carol live at 1101 Lovell Avenue and they strongly oppose Hosti’s request to convert more residential property to nonconforming use as a commercial parking lot. He said it was further intrusion of a commercial business into a residential area. Jimmy Brown said in Hosti’s poor planning, Hosti has no one to blame but himself for his insufficient parking. He said Hosti built his store to the property line and created his own mess. Perkins told Jimmy Brown to focus on the plan that was being presented and not on what Hosti may have done in the past. Jimmy Brown said Hosti’s poor planning brought us to this mess tonight. Jimmy Brown said Hosti stated at the January 17th Planning Commission meeting that more parking would enhance the sale of the store and this plan would enhance the neighborhood. He said Hosti wants to bring to the neighborhood a thoroughfare from Butler to Lovell Avenue under the false pretense that the large trucks can exit off Lovell Avenue. He said the large trucks will not be able to make the turn, other vehicles will be exiting from the parking lot onto Lovell Avenue at the same time pedestrians and bicycles may be present, and this was going to cause major traffic congestion, safety concerns and more noise. Jimmy Brown said that was not how you enhance a neighborhood and Hosti has never done anything to enhance the neighborhood. He said Hosti only wants this additional parking and thoroughfare for his own personal agenda which was to enhance the sale of the property. Jimmy Brown said if Hosti was granted his request the following stipulations should apply: the thoroughfare should not be granted, an 8-foot solid concrete wall should be erected along the entire property line and landscaped, to gain access from the rear pedestrians could use the existing sidewalk on either side of the store, the dumpster should be moved from the City street and placed on the property, and delivery trucks should unload at the front or side of the store like all other businesses on Tybee. He said that was the real cure for removing the large trucks from Lovell Avenue. Sandy Chandler asked Jimmy Brown if he had these problems now. Jimmy Brown said yes and this plan would create more. Chandler asked Jimmy Brown if he did not believe the thoroughfare would eliminate some of the problems. Jimmy Brown said no. Chandler asked if trucks come at certain times in the morning. Jimmy Brown said they come all day. Chandler said he would think this plan would eliminate a lot of the problems and it seemed Hosti was making a good faith effort to eliminate a lot of these problems. Jimmy Brown said it would make it worse. Barry Brown suggested signs be posted ‘no thoroughfare for trucks’ between Butler Avenue and Lovell Avenue. Jimmy Brown said there would be pedestrians, bicycles and traffic going through 24-hours a day. Barry Brown said he hoped there could be some kind of compromise. Jimmy Brown said a block wall would be a compromise. Perkins asked if anyone else cared to speak. She asked that personalities and motives be kept out of this. Gerry Hollingsworth of 1105 Lovell Avenue said she and her husband built their home after World War II and they sold it to Judge Oliver. She said his favorite part of the house was the front porch but he hated the noisy trucks, she did too, and he would turn over in his grave if he saw what was about to happen. She said she hopes she is going to wake up and find out she has just been dreaming. She said she put beautiful grey stones in front of her house that cost $25,000. She said her block between Eleventh and Twelfth was all senior citizens and they like to walk and like it quiet. She said they have the prettiest block on Lovell. Hollingsworth said she was thrilled when O.C. Welch bought the house next to Tybee Market and made the backyard beautiful because she enjoys setting out there in the afternoon when it is quiet and peaceful, and she wants it to stay just like it is – she does not want a parking lot there. She said they have spent so much money and love Tybee, and she was selling her house in Atlanta so she can live here year round. She said she can not walk fast, has had knee replacement and does not want to dodge trucks – it is bad enough listening to them all day. Gloria Leonard, 1103 Lovell Avenue, said she too opposes Hosti’s plan to build a parking lot in their neighborhood. She said this was yet further infringement on a residential neighborhood. She said it would not lessen the traffic because currently the trucks are on Lovell but the store customers are not currently on Lovell. Leonard said the employees park on a lot behind the store but the customers do not. She said this would be a lighted parking lot and a steady stream of cars through it. She said she had not opposed the variance when Hosti requested to rebuild the store after the fire because she felt like there was a store there originally. She said she had no idea the City would grant Hosti such a variance, nor did she have any idea that she would be invaded with trash and smells. She said in the hot weather it was awful back there. She said all of these things have been problems for the neighbors. Leonard said first 3 Hosti got a variance to build the store, then the truck could not empty the dumpster because they could not make the turn so he got a variance to put the dumpster in the City right-of-way, then he kept his trailer for cardboard in the well where the dumpster was but now that has been boarded up and that is sitting also out in the street, so they see a loading dock, a dumpster, a trailer and any other trash that they want to throw back there. She said doubling the size was not going to do anything to enhance their neighborhood. She said she has talked with Hosti to no avail. She said she was begging the Planning Commission not to grant Hosti this variance unless he comes back with a more reasonable plan. She said the trucks can not turn on the City streets so she does not know how they would make this turn. Leonard said she urged the Planning Commission to deny this petition. Perkins asked Stone if he wanted to address some of the issues. Stone said there was a lot of emotion about this and he understands that. He said he lives down here fulltime on Eighteenth Street, and the City parking lot dumps onto his street. He said it is hectic, there are all kinds of kids going to the beach and safety concerns, and there are a lot of issues on this island. Stone said when they bought on Eighteenth Street they knew what they were buying. He said these folks live behind a grocery store and we need a grocery store on this island, at least that is his personal opinion. Stone said there was nothing wrong with trying to enhance your property value. He said Hosti will probably spend in excess of $1,000,000 to do this, and Hosti has to do it right. Stone said the Planning Commission and Council will make sure they do it right. He said there was no perfect solution to any of this. He said the Planning Commission had a tough task ahead in this decision and we need to keep to the issue and separate the passion. He said Hosti does want to enhance the value of Tybee Market to the citizens. Stone said it was a difficult decision and we need to all work together. Susan Hill asked Stone if he asked the DOT about trucks exiting onto Butler from an entrance. Stone said it was not an entrance; the new entrance on the north was going to be an exit only. Chandler asked if Hosti would consider blocking access to the parking lot after the store closed. Stone said it was not a public thoroughfare; it was private property and he would suggest to Hosti some type of barrier after business hours. Chandler asked about angled parking. Stone said you would have to either enter from or exit to Lovell. Leonard asked if there would be an entrance from Butler Avenue into the parking lot. Stone said he would have to confirm it with the DOT but logically the single entrance from Butler would be the existing curb cut on the south. Barry Brown said the way parking was set up trucks would not be able to make the turn when the parking lot was full. Stone said the existing concrete gives 36-½ feet, where a standard roadway was two lanes of 12 feet each for a total of 24 feet, so there is an additional 12-½ feet there to make the turn. Stone said Hosti owns the empty lot where his employees park on Lovell Avenue and the trucks will be able to swing there without encroaching on anybody’s yard. Barry Brown said he sees what Hosti is trying to do but there was just so much opposition. Stone said the market has been there. Barry Brown said that by having the trucks coming from both directions they are adding more confusion in that little area. Stone said the trucks would not be coming from both directions. He said the trucks will be required to go down Twelfth Street and enter the parking lot. He said they can not make a left-hand turn into the parking lot because it is landscaped – it is only a right-hand swing. Barry Brown said Hosti might need to invest in a forklift. Stone said they are up against federal highway regulations and they do not want them backing commercial trucks off Highway 80. Barry Brown said they will allow them to stop in front of Sunrise and in front of the liquor store down on Eighteenth Street. Stone said stopping a truck and unloading is different than backing a truck in the middle of the highway. Leonard said it was her understanding Hosti was moving the house to that lot so the trucks would not be able to swing onto that lot. Perkins said they did not have definitive information on that. She closed the hearing and called for a motion. Chuck Powell motioned to deny. He said this was a residential neighborhood and they put up with a lot already. He said this was converting an R-2 lot to commercial use. Hill seconded the motion. She said she understood Hosti needs parking, but this was not the perfect plan. Garbett said the killer to him was the thoroughfare, and there may be some other way. Barry Brown asked if this does go for commercial use and is later sold, could it be used for anything other than R-2. Perkins said the Special Review was particular to a parking lot. Chuck Bargeron said he would defer that to the City Attorney, and the store and the variance are for nonconforming use. Powell said the market functions the way it is and nothing was brought to the Planning Commission by Hosti stating he was losing business; there was no hardship. Chandler said the opposition was to the store being there, and Hosti was trying to improve the situation. Barry Brown asked Powell if Hosti would close the Lovell Avenue entrance would Powell change the motion. Powell said it was time the residents got preferential treatment. Perkins said the change would require a new Site Plan. Barry Brown asked if they could table rather than deny the petition. Powell said this was the second time Hosti has been before the Planning Commission. He asked what would be the reason to table it. Barry Brown said so they would have the 4 opportunity to address the issues. Powell said he was not going to withdraw his motion. Garbett, Hill, Honor Hutton, Gene Kindrick and Powell voted to deny the Special Review petition. Voting in opposition to the denial were Barry Brown and Chandler. Perkins told Stone that he may bring it before City Council on April 13, 2006. Vice Vice Chairperson Susan Hill opened a Preliminary Major Subdivision of Land and Zoning Variance petition for 1112, 1116 and 1120 Highway 80 in the C-2 zone, PINs 4-0026-11-010, 4-0026-11-011 and 4-0026-11-012A. Paul Calamari and Lou Kietzman of ELK Property Development, LLC, were the petitioners. A revised plan was viewed by the Planning Commissioners. Calamari said they have a letter from the DOT stating that ELK can use the three existing curb cuts. Calamari said there was a meeting that day regarding the water and sewer. Hill asked about the swimming pool. Calamari said there was an easement shown on the new plan. Hill asked if the folks in lot E would be aggravated to have the pool cleaning truck driving down the side of the house. Calamari said he did not know. Chuck Powell commended ELK for moving the buildings around to save some of the trees. Hill asked if anyone wished to speak for or against the project. Barry Brown asked Mark Boswell how many square feet were in lot D. Boswell said 7,261 feet. He said the swimming pool was in a common area of 3,137 feet. Brown asked if that would be a substandard lot of record. Boswell said it was a common area, not a developable lot per say. Downer Davis said he was holding approval of the project until the sewer was approved. Chuck Bergeron said there would be no Certificate of Occupancy until everything has been done. Powell asked if the City has taken any action to resolve the sewer issue. Davis said there had been a meeting that day and they were making some progress. Hill called for a motion. Gene Kindrick moved to approve. Powell seconded. The vote was unanimous. Hill told the petitioners they would take the matter to City Council on April 13th. The next item on the agenda was Preliminary Site Plan Approval in the C-1 zone for 1605 Inlet Avenue, PIN 4-0008-17-001. The petitioner was Phil O’Dell. As no one was at the meeting to present the petition or speak for or against it, Susan Hill motioned that it be tabled. Gene Kindrick seconded. The vote was unanimous. Barry Brown suggested someone speak to the City Attorney regarding whether the City would be liable to put in the sewer if projects are approved for the Highway 80 area. Chuck Powell requested that the Minutes of this meeting reflect that no Certificate of Occupancy would be given. Bargeron said it could be a stipulation. Powell asked that this information get to City Council. Brown asked where the fault was going to lie. Gene Kindrick said it would be reflected in the Minutes. Bargeron said when Dee Anderson returns he would be told that this was a concern. Sandy Chandler asked if they could sue anyway. Brown said if you are within 200 feet of a lateral it was your responsibility to tie into it. Perkins said Downer Davis was not going to approve these plans. Chandler said they were not going to construct on a maybe. Brown said yes, they are. Powell made a motion that the issue of the sewer along Highway 80 be presented by the Planning Commission Chairperson when the ELK petition is presented at the City Council meeting. Gene Kindrick seconded. Bill Garbett said City Council needs to inform the petitioners that there is no assurance of sewage to those properties. Bargeron said they could also ask for a stipulation that no building permit be issued until the sewer situation has been resolved. Brown said that there were two different issues. Powell said the City Attorney needs to be involved. Perkins said Downer Davis would not approve but verbalization of the concern to Council by the Chairperson was in order. The vote was unanimous. Susan Hill said that the Land Development Code does not mention townhouses in the C-2 Zone. Chuck Bargeron told her to look in the TBR Zone Section. Chuck Bargeron said he wanted to take a moment to send our sympathy to Dee Anderson and his family for the loss of their grandmother. Gene Kindrick motioned for adjournment. Check Powell seconded. The vote was unanimous.