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HomeMy Public PortalAbout20060717_PCMinutes 1 MINUTES Planning Commission Meeting July 17, 2006 – 7:00 p.m. Chair Lawanna Tsoulos called the July 17, 2006 Planning Commission meeting to order. The meeting was held on Monday because Tuesday was the Primary Election. Other members present were: Barry Brown, Sandy Chandler, Bill Garbett, Susan Hill, Honor Hutton, Gene Kindrick, and Chuck Powell. City staff present: Dee Anderson and Dianne Otto. Bill Garbett motioned to approve the Minutes of the June 12th agenda meeting. Gene Kindrick seconded. The vote was unanimous. Gene Kindrick motioned to approve the Minutes of the June 20th meeting. Chuck Powell seconded. The vote was unanimous. The Commissioners agreed to discuss the Dark Sky Subcommittee Update later in the meeting so the Public Hearings could be heard first. David Woodrum presented a Zoning Variance petition for 15 Thirteenth Street, PIN 4-0007-05-002, Zone R-2. The petition requested a reduction in the lot size requirement from 6,750 square feet to 6,400 square feet for the construction of a new duplex. The Variance would be from Section 3-030 of the Land Development Code, Reduction in Lot Area. Woodrum said at the agenda meeting he was asked about the hardship. Woodrum said the Rogers have owned the lot since 1956 and it has been a life long dream to build a home on the lot. Woodrum said the cost of living here has accelerated to the point that it is just about getting impossible to do that with the increase in the property taxes and the value of the property and everything else. He said they have a large family. He said they are not doing this as development to sell. Woodrum said they have family members that would like to invest but do not want to invest without some ownership and do not want to own it with every family member owning some part of a house so a duplex was the only thing they could come up with that was feasible in order to build a family house for family memories and to pass on to grandchildren. He said unfortunately the lot is not large enough. Woodrum said a 100-year old oak tree is where the train ticket house was. He said their intention is to do everything they can to save the tree. Woodrum said they have considered reducing the size of the second unit by 5 feet and coming back to ask for a Variance to shift over 5 feet on the eastern side in order to save the tree. Chair Lawanna Tsoulos asked the Commissioners if they had any questions. Sandy Chandler asked Woodrum if they had plans to subdivide the lot. Woodrum said no, not at this point. He said the expenditure of plans without having the Variance is a waste of money. He said the tree is the only obstacle and they are willing to do anything they can to save it. Chandler asked Woodrum if we would make it part of the deal that the lot would not be subdivided. Woodrum said he has family members that are willing to invest but they want ownership in their part of it; that is why they are asking for a duplex. He said they do not want to own one part with someone else. Chandler said the other problem was that they would have to do serious shifting around to save the tree. Woodrum said he sees several places on Tybee where an oak tree is rubbing against the eave of a house. He said they are going to be at least 5 feet away and if the tree is not disturbed on two or three sides it is not going to hurt it. Woodrum said they would go to a monolithic pour to get them out of the root system more. Barry Brown said there are several duplexes on that road and a quadruplex. He said a duplex is designed to be able to sell half and keep half. Brown asked Woodrum if the family members want to keep the house as an investment, why wouldn’t they invest in one large home. Woodrum asked if Brown had ever tried to own the same house with his brothers and sisters. Brown said yes, they have had one at Chimney Creek for over fifty years. Woodrum said some work and some don’t. Brown said duplexes are designed to be subdivided and sold, but the tree was a bigger issue. Woodrum said they are willing to try to go to a design that would save the tree. Tsoulos asked Woodrum if they had consulted an arborist. Woodrum said they had the lot surveyed but have not consulted an arborist. He said there are also three large palm trees. He said one is in the middle of the lot and can be relocated. He said everything else is scrub oaks or undergrowth. Brown asked Zoning Administrator Dee Anderson how long the square footage requirement has been 6,750. Dee Anderson said he thinks 6,750 was the original square footage put in place in 1972 when the City adopted zoning. Chuck Powell asked that the family consider building one unit instead of asking for the Variance. He said they are going to have to prove a hardship in order to get a Variance. Woodrum said the hardship is that if they can not get the duplex they are going to end up selling the lot to some developer that is going to trot right back up here with his lawyers wanting to put a duplex on this piece of property. Powell said the developer would be denied. Woodrum said he was sure 2 he would. Powell asked if the family could not come together and build one house. Woodrum said with the value of the property it would be $25,000 a year in taxes. He said they do not live here and do not get the homestead exemption. He said they are trying to divide up the cost. Tsoulos asked if there was anyone in the audience to speak in favor of or in opposition to the petition. She closed the Public Hearing and called for a motion. Bill Garbett moved to deny. Susan Hill seconded. Garbett said he sympathizes with the situation. He said they would not have to build a duplex to accomplish what Woodrum wants to accomplish. He said he did not see the hardship. The vote in favor of the motion to deny was 6-1, with Sandy Chandler opposed. Tsoulos told Woodrum he has the right to proceed to City Council on August 10, 2006. Erin Sheldon presented a Special Review and Zoning Variances petition for 13 Fourteenth Street, PIN 4- 0007-06-001, Zone R-T. Petitioners were Erin and Chris Sheldon; Shiloh, Amber and Kathleen Hutton. The Variances from the Land Development Code were from Section 3-080 (B), Off-Street Parking Requirements, and Section 3-090 (B), Schedule of Development Regulations. The project was for a 10- unit condominium with multiple driveway openings and a 5-foot rear setback Variance. Stating that she was related to the applicants and lived at the property for the majority of her life, Commissioner Honor Hutton recused herself. Sheldon said the family has owned the property for over fifty years. She said three years ago her aunt and uncle gave them the opportunity to buy in to the property. She said they renovated to add three guest rooms to run an inn and as well as to preserve two family residence area. She said in the two years they have run it as an inn and lived there they have realized they can not withstand the noise. She said they are excited for Tybee but they realize that it is no longer giving the quality of life that they find valuable. She said they considered a lot of possibilities, even becoming part of the commercial district, but they knew in doing that they would diminish the value and integrity of their neighbors’ properties. She said they needed to come up with a smart development. She said they are doing everything they can to preserve the greenspace, as well as put something there that can withstand the noise and businesses as well as act as a buffer. Sheldon distributed a handout to the Commissioners titled “Positive Points for Developing Tybee Trees.” Scott Barnard, Barnard & Associates Architects, said the property is a unique piece of Tybee. He said there are 63 trees on the property. Barnard said when they started trying to evolve a concept the environment and the community were first and foremost. He said that is why they have done the type of development which is very low density and very cognizant of the neighbors, both residential and commercial, and the trees and the greenspace. Barnard said they feel they have an opportunity with this plan to provide a more pedestrian-friendly access from the corner of Fourteenth and Butler to the beach. He said by having greenspace along Fourteenth Street they would like to create an ADA-accessible curb cut. He said they would like to bring the sidewalk onto their property so it is buffered by a lawn and then take it adjacent to the curb for the remainder of the property, so a 5-foot wide sidewalk would be begun for Tybee and the pedestrians. He said they would lose 19 trees but replacing 47 so they would end up with 91, a net gain of 28 trees. He said the ones that are lost are cedars and the ones that are replaced are cedars and palm trees. He said they are keeping every live oak on the property. He said the lot coverage percentage by Tybee’s Ordinance allows 80%; they are at 28%, one-third of the allowed. He said the buildable area on the lot would be 21,270 square feet; their buildings will occupy 7,446, again, one-third of the allowed. He said the permeable percentage in the setback will be near 100%. He said they intend to use permeable surfaces for all of parking that protects the environment and the trees. Barnard said the buffer between compatible uses was a driving point in how they decided to locate the buildings and design them. Barnard said “condominium” is a legal term; they will be built as townhouses. He said the townhouses will create a buffer, a wall. Barnard gave further details of the site concept, and concluded by saying they believe in the Dark Sky Initiative. Sandy Chandler asked about the seven driveways on Fourteenth Street. He asked if that didn’t require a single 25-foot entrance. Zoning Administrator Dee Anderson said that is part of the Variance request. Anderson said they could have two because the lot is more than 100 feet. Referring to a drawing, Chandler said the seven units could be set back and not impact any trees and comply with the 25-foot entrance. Barnard said they looked at that and it would impact the quality of their development and the site. Referring to the projected drawing of the site, Barnard explained the effects of Chandler’s proposal. He said they want to make sure that each townhouse has three off-street parking spaces. He said each unit is designed for two cars inside and one car on the driveway, with enough distance so it will not impact the 5-foot sidewalk. Barry Brown asked Barnard about the driveway parking of the third car. They determined it was a 10-foot setback, and Brown said his truck is 20-feet long. Barnard said at Horsepen Creek Cottages they set the garages 4 or 5 feet into the building. He said 3 they have 20 feet between the sidewalk and the building and offsetting it provides for the car to be out of the sidewalk but not completely on the property. Brown asked Barnard with all the square footage what is the hardship for the Variances. Barnard held up a copy of the handout Sheldon had distributed and said the answer to Brown’s question is that page. He said it is a unified site development concept. He said they want to do good Tybee development. Sheldon said if they moved the units forward it would affect a magnolia tree and a number of other trees. She said if they push everything in they would be looking at buildings and to her that does create a hardship. Brown said if they did nine units it would not come close to the magnolia tree. Sheldon said if they have to go to nine they are going to end up not making the numbers that they need to cover the cost of the development. Chuck Powell asked if they were going to be sold as individual units. Sheldon said yes. Powell asked what was the guarantee that after the units are sold the greenspace would not be developed. He asked if the greenspace was going to be put into a trust. Sheldon said she did not know that was a possibility. Powell asked about the ten units instead of nine. He suggested taking a half-foot off each unit. He asked the square footage per unit. Barnard said they have not figured that yet. He then said 1,800 to 2,200 square feet. Sheldon said anything below 16-1/2 feet wide would be difficult to sell. Powell asked how the noise would be different for the people in the townhouses versus the inn. Sheldon said the house is old. She said they are going to design and build the units acoustically sound. Brown said it should have one driveway no wider than 25 feet, or two if the drives are 50 feet apart. Brown asked if they would close the driveway on Butler Avenue if they did a horseshoe driveway on Fourteenth. Barnard said the hardship with that concept is they would have to move the buildings and would begin to get into the trees and begin to lose the view and the breezes. He said it would put the greenspace between them and the commercial, which is not what they were trying to do. Susan Hill asked how many public parking spaces would be lost. Sheldon said eight to twelve. She said that is a good bit of revenue, but property taxes have to be more than parking meters. Chair Lawanna Tsoulos called for Downer Davis to address his comments of the Site Plan. Davis said the driveway on Butler is existing and he would recommend they keep it for maintenance of equipment, but he did not want traffic coming in to the three units. He said there is the equivalent of five families living there now, and they are proposing putting seven driveways on Fourteenth Street. He recommended one driveway that would be further east than the existing one to pull traffic away from the intersection. He said he wanted to avoid left turns across Butler Avenue; he would rather see them coming to the traffic light. Davis said he would recommend the buildings be at least 20 feet from the property line; he did not think the City wants people parking in the rights-of-way. He said porous pavement is not always as good as natural ground; the further they push the units back will require more stormwater management. He said there were no water or sewer issues at this time. He said the drainage can not proceed until they get the layout. Hill asked if they could have one or two 25-foot driveway cuts on Fourteenth Street. Anderson said they can have two, 50 feet apart. Hill questioned if two driveways would eliminate public parking. Hill asked if they have investigated moving the existing house. Sheldon said the Braswell Brothers say it can be moved. She said it is a matter of finding a sizable lot on a negotiable street. She said they have talked about taking it down to the original cottage. Bill Garbett asked Sheldon and Barnard about Davis’ comments. Sheldon said keeping the units in a row keeps the consistency and acoustical barrier as well as allows for ocean breezes. She said because of Thirteenth Lane and The Georgianne Inn, there are already a lot of left turns. Barnard said if they have to move the units 10 feet north it would be a shame to lose 10 feet of greenspace. He said a car fits, but they can move it forward. He said it would be a better development not to. He described the turn radius required for a 20-foot truck. Brown asked about a cluster of trees. Barnard said they are three live oaks. He said they have not engaged an arborist, but they will not lose those trees. He said they are trying to play the delicate balancing act of getting ten units so they can make the numbers work. Tsoulos asked if there was anyone in the audience that wished to speak in favor of or in opposition to the petition. Henry Schroeder, 10 Fourteenth Street, said there is a 10-foot easement that runs through the property. He said he wants that to be part of the record. He pointed out the easement on the drawing. Powell asked Schroeder if there was documentation of that. Schroeder said yes; he did not bring it with him but he does have the latest survey. Powell asked Anderson if they could verify the easement. Dennis Hutton said there used to be a road but in the late 60’s or early 70’s his father bought both of the pieces of property and reconfigured it and there is a survey that was done at that time which is the survey of record. He said the easement was removed. Barnard said they have poured through all the deeds and they are working from a certified survey. Tsoulos closed the Public Hearing. Sandy Chandler motioned to deny. Barry Brown seconded. Five Commissioners voted in favor of the motion to deny, with Susan Hill 4 opposed, and Honor Hutton abstaining. Tsoulos told the petitioners they have the right to proceed to City Council on August 10. Bill Garbett updated the Commissioners on the last meeting of the Dark Sky Subcommittee [on June 29]. He said they worked on the model ordinance. He said this Thursday [July 20] a Utilities System Engineer from General Electric will explain how lighting can be used to meet specific objectives. Garbett said at the following meeting [August 17] they will try to hash through the rest of the model ordinance. Chair Lawanna Tsoulos said it is a very complex issue. She encouraged the Commissioners to attend the meeting on Thursday. She said at some point they are all going to have to vote on this. Gene Kindrick asked if the speaker would have answers on costs. Tsoulos said she did not know. Brown asked if existing lights would be grandfathered. Tsoulos said she will consult with City Attorney Bubba Hughes about the grandfather issue. Kindrick asked about the safety issues and if the Police Department has been brought in. Chuck Powell said from the onset they have included the Police Department. He encouraged them to bring their concerns to the Subcommittee. Sandy Chandler asked if the issue of the Planning Commissioners being advocates had been resolved. Tsoulos said at this point they are trying to collect information. She said they will make a decision at the end of the information gathering. Garbett said they had interest because of Henry Levy’s comments about opportunities for enhancing the commercial value of it, but once they started looking into it, it is a complex affair. He said they are trying to come up with an ordinance that would meet the Dark Sky Initiative. He said once they have that in place they are going to have to discuss whether or not they want to do it. He said they need to look at what it will cost and the benefits. He said they are looking at what they can do, and then will look at whether they want to do it. Chandler said he would like to know the financial impact on the businesses. Tsoulos said at the last meeting they brought up how much it would cost the City, and therefore the citizens. Tsoulos referred to the Minutes of the City Council meeting when the issue was assigned to the Planning Commission. Chair Lawanna Tsoulos opened the floor for nominations for Vice Chair of the Planning Commission. Chuck Powell nominated Susan Hill. She declined, stating she is Vice Vice Chair and recently accepted an appointment to the Ethics Advisory Board. Susan Hill nominated Barry Brown. Gene Kindrick seconded. Nominations were closed. The vote was unanimous. Gene Kindrick motioned to adjourn. Chuck Powell seconded. The vote was unanimous.