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HomeMy Public PortalAbout20060807_agenda_mtg 1 MINUTES Planning Commission Agenda Meeting August 7, 2006 – 7:00 p.m. Chair Lawanna Tsoulos called the August 7, 2006 Planning Commission agenda meeting to order. Other Commissioners present were Charlie Brewer, Barry Brown, Sandy Chandler, Susan Hill, Honor Hutton, and Chuck Powell. Absent were Bill Garbett and Gene Kindrick. City Staff present were Dee Anderson and Dianne Otto. Tsoulos explained that the purpose of the agenda meeting is to determine whether or not the petitions are appropriate for the regular meeting. She said this was not the Public Hearing and they will not be asking extensive questions. Chair Lawanna Tsoulos said the swearing in of Planning Commission Member Charlie Brewer would be during the meeting on August 15, 2006. Tsoulos said also at that Meeting would be the approval of Minutes from the July 10th agenda meeting and the July 17th meeting. She reminded the Commissioners that the meeting dates for September are: agenda meeting on Tuesday, September 12th and regular meeting on Monday, September 18th. The first item was a Zoning Variance request from Section 3-090 of the Land Development Code, Schedule of Development Regulations, for 9 Lovell Avenue, PIN 4-0003-17-005, Zone R-1-B. The petitioner was Gail Lamb, who did not attend. Zoning Administrator Dee Anderson said Lamb’s setback variance request was for 3-inches on either side. Chuck Powell asked if Lamb had met the requirements for the 200-foot rule. Anderson said yes; everything on Lovell was within 5 feet of the front property line. Tsoulos said it would go on the Agenda for the August 15th meeting. The next item was Special Review and a Zoning Variance from Section 3-080 (B) of the Land Development Code, Off-Street Parking Requirements, 13 Fourteenth Street, PIN 4-0007-06-001, Zone R-T. The petitioners were Erin and Chris Sheldon; Shiloh and Amber Hutton; Dennis and Kathleen Hutton. Chair Lawanna Tsoulos said this was a revised plan. Erin Sheldon said the main revision was the number of units. She said they are asking for four driveways. Sheldon explained that four on-street parking spaces would be eliminated. Chuck Powell asked if the petitioners were willing to put in writing that the space behind the proposed buildings would not be developed. He said there was enough space there that more houses and condos could go in that space in the future. Sheldon said the family would keep that property in its name, so there may be a subdivision. Powell said he was asking about a covenant. Chair Lawanna Tsoulos asked if Powell meant a sort of conservation easement that would permanently make the property undevelopable. Powell said what the petitioners are asking hinges on preserving the property. Sheldon said they have considered the option of moving the original cottage into that space. She said it would not disrupt the trees or greenspace too much. Barry Brown asked about condominiums in the Zone R-T. Tsoulos said the Special Review is to allow the condominium development and the Zoning Variance relates to the driveways. Tsoulos said the item would be on the Agenda for the August 15th Planning Commission meeting. Chair Lawanna Tsoulos said the Lighting Ordinance would be discussed at the end of the meeting. Tom Sullivan represented a Zoning Variance from Section 5-010 (K) of the Land Development Code, Prohibit Placing Materials in Marshlands, at Solomon Avenue and Polk Street, PINS 4-0021-10-001, 4-0021-12-002, 4-0021-11-001, Zone R-1. Sullivan said it is roughly a 7-acre tract and there are 25 lots of record with three unopened streets. He said there is a finger of wetland that runs from the rear of the property toward Polk Street. Sullivan said it is more a ditch than a wetland. He said it is high on four sides and is preventing development. He said they applied and received a permit from the Corps of Engineers and they designated it as jurisdictional, and it is isolated. Chair Lawanna Tsoulos asked if it was a fresh water wetland. Sullivan said that was right. Tsoulos asked if Sullivan was going to fill all of the wetland or a portion. Sullivan said all of it unless they go back to City Council. Sullivan said they tried in Executive Session to do a land swap so they could keep the wetlands for the City. Sullivan said Mallory Pearce had an excellent idea of having water brought in and making it a true wetland, and having a path going around it and a bridge across. Sullivan said the City chose not to exchange the land for the unopened streets and that was when they were forced to go to the Corps. He said they would love to see it stay wet if they could work out a deal with the City, and that option is still on the table. Tsoulos said it was a habitat for birds and inland turtles. Chuck Powell asked Zoning Administrator Dee Anderson if the letter from the Corps of Engineers trumps the City. Anderson said it still has to go through the local jurisdiction. Sullivan said they are not trying to impact marsh; it is a dry 2 ditch. He said once they start to clear, it is probably going to become real dry. Powell said the trees are magnificent. He asked the reason the City baled out of the project. Sullivan said at the time they were not the owners; they have since purchased. Barry Brown asked Sullivan for the elevations. Sullivan agreed to find them for Tuesday’s meeting. Brown asked if the unopened roads were going to be opened. Sullivan said they are going to have to; that will be the next battle unless they can work out the land exchange. Tsoulos told Sullivan the Commissioners needed the elevations and they would see him Tuesday. Charles Burel represented petitioner Chris Borders, Sr. for a Zoning Variance from Section 5-010 (J) Shore Protection with Variance, at 11 Teresa Lane, PIN 4-0022-01-032, Zone R-2. Burel said Borders wants to put up a bulkhead. He said there is a bulkhead on lot 10 and there will be a bulkhead on lot 12 when the Sims property finishes. He said Borders has some erosion at the back of the house. Burel said Borders wants to stop storm water and erosion problems, and stabilize the situation so it does not hurt the foundation of the house. Sandy Chandler said it sounded like Borders built below the high water mark. Burel said it was built closer to the marsh than would be allowed now. Barry Brown said it was built in the marsh. He asked if it was going to be a concrete retaining wall or a bulkhead to match everything else. Burel said a wooden bulkhead. Chair Lawanna Tsoulos said it would be on the agenda for Tuesday. Keith Gay represented a Site Plan Approval request for Coral Investment Group at 1213 Highway 80, PIN 4- 0026-02-007, Zone C-2. Gay said it was a restructuring of the building that burned in April. He said they reduced the amount of footage that is under cover. Gay continued to describe the proposed site and concluded by saying they exceeded the number of parking places and drainage has been enhanced by having less covered space. Barry Brown asked how close the building that burned was to the property line. Gay approached the dais and showed a drawing to the Commissioners. Brown asked Gay if he was presenting this as a Sketch Plan. Gay said no, he was presenting a Site Plan. Brown said this was for commercial use and they have to have a drainage plan. Tsoulos asked if Gay was required to have a drainage plan. Dee Anderson said Site Plan Approval requires a drainage plan. Brown said the original building set 10-feet off the property line but the proposed was 8-feet of the line. Gay said they are reducing the amount of space, and they did a full drainage plan on the original plot. Gay requested permission to present the drainage plan prior to the next meeting. Tsoulos said she would defer to Anderson. Anderson said he had told Gay he needs a drainage plan. Honor Hutton asked what the deck would be made of. Gay said wood. He said in an effort to try to not do more than necessary they tried to maintain the original floor plan but due to codes and things they had to tear that down. He said they could have rebuilt in the original footprint but it was not appropriate use of the space. Brown asked about a buffer. Gay said there was a fence that was the prior buffer and it was destroyed and will be put back: an 8-foot cedar fence. Anderson said the buffer is required if it abuts a residential zone. Gay said it is an unopened street: Laurel Avenue. Gay said they are creating an area for people to dine out. He said it could also be used as an alternative location for a wedding, birthday party, that kind of thing. He said that is why they expanded the parking; there are 42 parking places. Sandy Chandler asked if they would be removing any trees. Gay said no. Tsoulos asked Gay the dimensions of the parking places. Gay said 9-feet by 18 feet. Susan Hill asked if it was a Site Plan or Sketch Plan. Tsoulos said it is a Sketch Plan. Gay said if they can not get the drainage plan in time for it to be reviewed and approved then they understand it has to go to Sketch. Tsoulos said it would be on the Agenda. Mark Boswell represented a Site Plan Approval at 2 Eighth Street, PIN 4-0005-20-003, Zone R-2. Petitioners were Joan & B.H. Levy. Zoning Administrator Dee Anderson said it should be a Zoning Variance to the Shore Protection Act, not Site Plan Approval. He said they would get the proper application. Chuck Powell asked about the 20-foot setback. Boswell said Levy is putting the 20-foot setback on the Strand. Barry Brown asked about the lines. Boswell said the DNR had already given permission to build to the toe of the dune. Boswell said Levy wants to put in a duplex. Chair Lawanna Tsoulos said it would be on the Agenda for Tuesday. Mark Boswell represented petitioner SODA Properties, LLC for a Final Plat Approval for a Major Subdivision at 16 Van Horne Avenue, Zone R-1, PIN 4-0003-09-030. The petitioner had not submitted a copy of the Final Plat because the as-built drawings had not been approved. The Commissioners did receive a comment letter from Downer Davis. Zoning Administrator Dee Anderson said since there are questions about the as-built drawings but the petitioner can bond out the remainder of the job in order to record the Final Plat. Boswell said most of the issues are surveying things. Davis said that was correct. Anderson asked Keith Gay if the 3 surveyor has done the Final Plat. Gay said they are trying to set it up to bond and there will have to be some changes on the as-built drawings. Boswell said there is a sewer manhole that had been used as part of a building foundation. Susan Hill said if they did not have the Final Plat before Tuesday she did not think they could look at it Tuesday night. Boswell talked about the easements. Anderson said the main thing they are looking for in Final Plat is the utility easements. He said they need the actual Plat. Anderson asked Gay if he could get the Final Plat tomorrow. Gay said it was up to Vincent Helmly, the surveyor. Tsoulos said it was up to the Planning Commission to decide if they wanted to put this on the Agenda. Hill explained that they need the Plat before Tuesday. The others agreed. Chair Lawanna Tsoulos said the next item was a proposed Text Amendment to the Land Development Code, Section 7-070, Tree Protection During Development. Sandy Chandler asked why this was wanted. Zoning Administrator Dee Anderson said the current Tree Ordinance says you can not build within the drip line of a tree. He said this change would allow building within the canopy of a tree as long as an expert in the field stands good for the work. Chandler said in the past they have allowed building next to trees because the alternative was the tree was going to go. He asked if the change would delineate the type of work. Anderson said an arborist would sign off before the permit is issued. Chuck Powell asked if there was a legal definition of an arborist. Anderson said yes, it is a specialized field. He said the way the Ordinance reads now you can not do anything without cutting the tree down or asking for a variance. Anderson further explained that the drip line is the canopy of the tree, and the way it is now you can not do anything under a tree. Chandler asked about trees that cross property lines. Anderson said with this Text change they would be ensured a tree is not going to be damaged and everything will be done properly to assure the health of the tree. Tsoulos said people are building next to trees; the drip line is not being enforced. Anderson said Staff is enforcing the drip line because it was brought to their attention. Chandler asked if the arborist would be a City employee or a private individual. Anderson said it would be a certified individual. He said currently if a resident claims a tree is dead or diseased and they want to remove it, they have to get an arborist. Brown asked if development meant any work. Anderson said yes. Powell said if you run construction equipment over the roots of a tree, a month later the tree is dead. He said hiring an arborist will create a hardship. Tsoulos said the proposed Text Amendment would be on the Agenda. The next item was a proposed Text Amendment to the Land Development Code, Section 6-040 (C), (H), and (K), Exemptions – Signs Not Requiring a Permit; and Section 6-070, Restricted Signs. Zoning Administrator Dee Anderson said now no signs are allowed in the City’s right-of-way, but real estate signs and political signs usually end up there. He explained that the Ordinance says now that signs have to be 5-feet off the property line, which is not realistic because at 5-feet off the property line signs can not be seen and there are some buildings that are on the property line. Anderson explained that the proposed Text Amendment would allow signs to be 5-feet off the improved portion of the City’s right-of-way. He said another part of the proposal is that banners would require a permit. He said there would be two designated locations: by the Tybee sign and in front of the gym. Anderson said it would be a $25 permit, and a banner could be up no earlier than 15 days before an event, to be removed within 2 days after completion of an event. He said banner permits would be issued on a first come, first served basis. Chuck Powell asked if it addressed putting signs in the marsh. Anderson said they are not allowed. Charlie Brewer asked for clarity on the improved portion of the right-of-way. Anderson said wherever the asphalt or dirt stops, except on Butler Avenue it would be from the sidewalk. Tsoulos asked about First Amendment rights and if the City could limit who puts a sign up. Anderson said not on their property, but can on City property. Tsoulos said the item would be on the Agenda for the 15th. Tsoulos asked about banners on trees or utility poles. Anderson said that refers to banners that hang down like for the Pirate’s Fest. Tsoulos asked if they were affected by this proposed Text Amendment. Anderson said no, they have to get approval from Mayor and Council. Tsoulos asked if the proposed Text Amendment of Section 6-080 (I) and (K), Design Standards was included in what they had just talked about. Anderson said yes. Chair Lawanna Tsoulos said the next item was a proposed New Ordinance to the Land Development Code, Section 5-111, Conditional Zoning. She said if a property is rezoned, conditions can be put on the property that would be more restrictive. Zoning Administrator Dee Anderson said City Attorney Bubba Hughes and Frank Jenkins, the Zoning attorney from Atlanta, have been working on this and it is something every municipality should have in their Land Development Code. Anderson said if a property is rezoned for a use that is the only use that can be there. Tsoulos asked Anderson about the language “and for other purposes.” Anderson said he did not know but would find out. Tsoulos asked about the meaning of “a property owner 4 may request an amendment to any condition imposed by City Council by application to the City and compliance with the procedures for rezoning of the property.” Anderson said if the property owner ever wanted to change the use they would have to reapply to get a different use allowed. Tsoulos asked how this related to spot zoning. Anderson said if somebody applied for a use and it was granted, conditions could be put on it. He said it is not guaranteeing a rezoning is going to be granted. Tsoulos said it is a tool to help the City have more control over rezoning; it does not guarantee rezoning. Anderson said if rezoning is granted, there could be special conditions put on it. Downer Davis said it avoids Text Amendments and Map Amendments, and keeps the Ordinances cleaner. He said it really simplifies things. Tsoulos gave an example: if they rezoned a piece of property for a beauty parlor, it could not later become a convenience store. Anderson said if something is rezoned, this new Ordinance would limit it to the one use that was specifically granted. Anderson said he would ask Bubba Hughes about the language. The final item was a proposed Land Development Code Text Amendment, Section 5-020 (B), Site Plan Approval – Bicycle Racks Required in Zone C-1. The item was submitted by City Manager Diane Schleicher. Chair Lawanna Tsoulos commented that “appropriate to the development” seemed vague. Barry Brown questioned the concept. Zoning Administrator Dee Anderson said it would be for developments over two- family. He said it would help with traffic and parking, and would encourage people to ride bikes instead of driving. Sandy Chandler asked where businesses on Tybrisa Street would put bicycle racks. Anderson said existing buildings would not have to do it; it would be for new development. Tsoulos asked what “the number of bicycle racks would be consistent with the project” meant. Anderson said this was from the City Manager and he would get clarity from her. Tsoulos asked if it would reduce parking and green space; what would be sacrificed for the bicycle racks. Anderson said he would have the City Manager present this at the meeting. Tsoulos said it would be on the Agenda. Chair Lawanna Tsoulos told the Commissioners that the new Request for Agenda Item forms are available in the Zoning office. Zoning Administrator Dee Anderson said the form will help show the intent of proposals that come to the Planning Commission. Chuck Powell said putting the reference to the Section of the Code on the petitions helps and the new form will help too. Chair Lawanna Tsoulos said the Lighting Ordinance subcommittee has another meeting and then what they are recommending will come to the Planning Commission. She said before the Planning Commission can take it to Council they have some additional work to do. Charlie Brewer said the speaker from General Electric, Debbie Bell, opened up a lot of eyes to the fact that it can be very complicated. Brewer said that Bell felt it would be a good idea for Code Enforcement to attend a three-day seminar to learn about lighting. Chuck Powell said another point was that until we survey the island we do not know the problems that we have. Tsoulos said she wants to go to Hendersonville. Susan Hill asked about the dates. Tsoulos said they have not set dates. Dee Anderson said there is a little over $500 left in the Planning Commission account. He said they will need to know who wants to go and then look at the cost. Brewer said he asked Bell to look at dates in October. Barry Brown asked about any community that has been retrofitted to fit Dark Sky. Brewer said a lot of communities are looking at adopting portions of the lighting ordinance. Brown said it could be an expensive process. Tsoulos said they need to include the business community and Georgia Power. Tsoulos said they will get another report from the subcommittee after their meeting on August 17th. She said there is a copy of Debbie Bell’s presentation in the Building and Zoning office if any of the Commissioners would like to check it out. Chair Lawanna Tsoulos reminded the Commissioners of the Georgia Green Infrastructure Workshop in Savannah on September 13th. The meeting adjourned.