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HomeMy Public PortalAbout20071120_PC_mtg_min 1 PLANNING COMMISSION CITY MANAGER Libby Bacon Diane Schleicher Demery Bishop Charlie Brewer PLANNING, ZONING & ECONOMIC Barry Brown, Chairperson DEVELOPMENT DIRECTOR Sandy Chandler Brannyn G. Allen Bill Garbett John Major David Postle CITY ATTORNEY Chuck Powell, Vice Chairperson Edward M. Hughes MINUTES Planning Commission Meeting November 20, 2007 – 7:00 p.m. Chair Barry Brown called the November 20, 2007 Planning Commission meeting to order. Other Commissioners present were: Libby Bacon, Demery Bishop, Charlie Brewer, Sandy Chandler, Bill Garbett, John Major, David Postle, and Chuck Powell. Chair Barry Brown called for a motion on the Minutes of the August 13, 2007, Planning Commission agenda meeting. Chuck Powell moved to approve, Demery Bishop seconded and the vote was unanimous. Brown called for a motion on the August 21, 2007, Planning Commission meeting Minutes. Bill Garbett moved to approve and Bishop seconded. The vote was unanimous. Paul Theron presented a Site Plan Approval petition for Ziv Navon at 25 Tybrisa Street, PINs 4-0008-04-001 and 04-0008-04-011A, Zone C-1. The request was for a commercial addition to an existing commercial building. Theron said that they want to extend the Aloha Gifts store and that the Waves store would not be affected. Sandy Chandler asked if it would be climate controlled. Theron said yes. John Major asked about drainage and engineering information. Brannyn Allen said that to address drainage there would need to be construction drawings and those would not be available until after this process. She asked the Commissioners to consider the petition with the condition that drainage would be reviewed when Theron applies for a building permit. Chuck Powell asked Downer Davis to comment. Davis said that runoff currently comes off the existing deck and roof. He said that when building plans are received they will show the building’s ridge lines and how water would be directed. Bill Garbett asked if the existing walkway between the buildings was pervious or impervious. Theron said there is sand beneath it. David Postle said he was uncomfortable approving part of a proposal hoping that when drawings are submitted later there are not any unexpected problems. Chair Barry Brown said that the City Engineer and Staff would look at the drainage. Powell said that if the Planning Commission puts a condition on a motion that drainage will be approved by the City Engineer, he does not have a problem with it. Major read from an email exchange between Allen and Davis. Davis said that the area is less than 500 square feet and already has a tight deck. He spoke of not knowing where the discharge points are until the building plans are submitted and that Theron does not want to have architectural plans prepared until he gets permission from the City. Garbett said the area was 670 square feet. Following further discussion of the drainage review process, Brown asked if anyone in the audience wished to speak in favor or against the petition. Garbett moved to approve contingent on the drainage plan being acceptable to Davis and Allen. Powell seconded. The vote was unanimous; the motion to approve contingent on the drainage plan being acceptable to Davis and Allen passed. The petition would be placed on the November 29th City Council agenda. Sam Liberti represented Frank and Kim Nelson for two Zoning Variances from the Land Development Code at 1409 Chatham Avenue, PIN 4-0011-09-005, Zone R-2. The requests were a variance for two driveway openings and a side setback variance for stairs. The first variance was from Section 3-080(B)(2), Off-street Parking Requirements, and the second was from Section 3-090, Schedule of Development Regulations. Chair Barry Brown recused himself. Vice Chair Chuck Powell opened the Public Hearing. Liberti said they are proposing putting stairs in the footprint of the house that was moved from the site. He spoke of maintaining the backyard for greenspace. He said they are asking for an elliptical shaped driveway so they could park two more cars off of the street. Powell asked the Commissioners for comments on the stairway. Sandy Chandler said that the most 2 intrusive item on the side of the house was an air conditioning unit. He spoke of a fence. Liberti confirmed that there was a 7-foot fence. Chandler asked how far the addition of the stairs would impact the setback. Liberti said 32 inches. David Postle asked if there was originally a plan to put a pool in the backyard. Liberti said yes but they took that out of play. Postle asked the hardship for the stairs. Liberti said they are trying to keep the house in the original footprint to keep away from a deteriorating bulkhead. John Major referred to the May 2006 Planning Commission meeting Minutes and asked if there was a buffer requirement. Liberti said that the EPD did not respond and that the boundary line is the property setback. Demery Bishop verified that the setback variance would be 2-foot, 8-inches. Charlie Brewer asked about the A/C platform. Liberti said that the platform was 4-1/2 feet wide. Major asked the hardship. Liberti said that the hardship is not monetary. He said the front setback variance was in the exact footprint of the original house and they wanted to align the house with the other houses on the street. He said if they had not been granted that, they would have pushed the house back. He said they are trying to not impact the entire lot. Brewer said that the proposed staircase was on the north side which would be the most shaded. Liberti said that they are trying to maintain the backyard. Libby Bacon asked if Liberti considered having the stairs inside the deck. Liberti said that if they did that a door would be blocked and that was the side with a view toward Little Tybee. Liberti said he would have to open half of the deck because of headroom height regulations. Postle said that the plan was involving requesting one variance after another. He asked Liberti if he met with Zoning Staff to discuss the plan before it was put into effect. Powell directed the question to Brannyn Allen who said that she could not speak to that as she was not on Staff. Liberti said that they were working from the footprint of the initial house. Powell asked Liberti if the Commissioners could consider the requests one at a time. Liberti said okay. Powell asked if anyone from the public wished to speak for or against the side setback variance. He called for a motion. Brewer motioned to approve. Chandler seconded. Voting in favor of the motion were Demery Bishop, Brewer, and Chandler. Voting against the motion to approve were Bacon, Bill Garbett, Major, and Postle. The motion to approve a side setback variance for stairs failed. Powell asked Liberti to speak about the driveway. Liberti explained that there are two garage doors and they were asking to change the shape of the driveway so they could take two cars off of the street. The group discussed an ordinance that was passed by City Council in January of 2006. Powell asked if there was a need for a variance. Allen said yes because the two openings would be closer than 50 feet. Chandler said that if driveways have to be 50 feet apart a lot would have to be excessively wide. Bacon asked for the history behind that. Allen said that the 50-foot requirement had been on the books at least since 2005. Garbett asked how far apart the two driveways were on the original plan. Liberti said 12 to 14 feet. Chandler commented that the new plan left more pervious area and was not that different from what was originally submitted. Powell asked if anyone from the public wished to speak for or against the request. He asked for a motion. Garbett moved to approve. Chandler seconded. Bacon, Bishop, Brewer, Chandler, Garbett, Major, and Postle voted in favor of the motion to approve. The motion to approve the variance for two driveway openings passed. Allen explained that since Powell was acting as chairperson he needed to vote. He voted against the first motion and in favor of the second which did not change either outcome. The petition would be on the November 29th Council agenda. Scott Trowell of Ciphers Design Co. presented a conceptual Site Plan Approval petition for Brian Malins at 406 First Street, PIN 4-0003-13-020, Zone C-2. The request was for a commercial addition to an existing commercial building. Trowell said that they submitted an alternate parking plan to save some trees. He said it has a smaller than allowed drive aisle. Sandy Chandler asked what they intended to do with the upper floor of the building. Trowell said it was commercial. Chandler said that he was concerned about multi-family dwellings going there. Trowell said that it was commercial only and that it would be connected to High Tide. Chandler said that the property was zoned correctly but intrudes into a residential area and that he was concerned about density and increased traffic. John Major asked about the parking calculations. Trowell said it should be 46 spaces. Major said it should be 47. It was pointed out that the plan was conceptual. Chair Barry Brown said that Code requires a 20- foot buffer between commercial and residential. Trowell said that they understood it as a 10-foot buffer with a fence and vegetation or 20 feet without a fence and vegetation. Brannyn Allen read from Land Development Code Section 3-160 and the group discussed it. Chuck Powell asked Trowell if the project failed as a commercial space would they convert it to a motel. Trowell said no. Powell spoke of the benefits of conceptual Site Plan Approval. Libby Bacon asked if there were safety issues related to the parking plan to save trees. Allen said that the conceptual plan does not meet the Code requirements for the width of the drive aisle. She said that she would involve the Police and the Fire Chiefs in any drive aisle width decrease. Bacon and Allen discussed the bridge that connects the two existing buildings. Bacon asked if the plan would require two variances: for reduced parking and for the width of the driveway. Allen said yes. David Postle asked about parking to which Trowell explained that there are 46 spaces which was the required number. The group discussed what to address under conceptual Site Plan Approval. Traffic, buffer requirements and other items that would be addressed during the 3 actual Site Plan Approval process were discussed. When Major asked Brown if he was looking for a motion, Brown said yes. Charlie Brewer recommended that Trowell look at some alternate parking for bikes or motorcycles. Chandler said that he would be concerned that acceptance would be construed as a blank check. The group again discussed it being conceptual. Traffic flow, trees and the conceptual Site Plan process were discussed. Brown explained that the Commissioners’ options were to deny, pass, continue, or table. Bacon asked if they could pass with conditions. Brown said yes. Bacon asked about an area that Trowell then identified as City right-of-way. Brown asked if there was anyone in the audience that wished to speak in favor of or in opposition to the petition. Brown called for a motion. Postle moved to continue. Bill Garbett seconded. The vote was unanimous. The motion to continue passed. The petition would be placed on the November 29th City Council agenda. Kimberly Doyle of Doyle Landscape Design and Management, Inc., presented a Site Plan Approval petition for 1207 Highway 80, Lot 8, PIN 4-0026-02-009, Zone C-2. The request was for a temporary commercial building with a porch. Chair Barry Brown opened the Public Hearing. Doyle said the proposal was for a 16 by 16 foot building. Bill Garbett asked if it was portable. Doyle said it would be on skids set on cinderblocks. Brown said that it would have to be anchored per Code. John Major asked who exempts a project from the many requirements of Site Plan Approval. Brown said they would be waived because the building was temporary. He said there was not anything in the Land Development Code for temporary buildings. Brannyn Allen said that this was one of many issues with the Code that needs to be addressed. She said as painful as some of these meetings might be, they highlight the issues. Brown asked if anyone in the audience wished to speak in favor of or in opposition to the request. Keith Gay said that he was the neighbor to the west and that he supported the request. Brown closed the Public Hearing and called for a motion. Major moved to approve. Demery Bishop seconded. The vote was unanimous so the motion to approve passed. Brown said it would go before Council on the 29th of November. Patrick Howard of Catskill Builders presented Special Review and Site Plan Approval petitions for Jamee Barnard at 801 First Street, PIN 4-0019-01-003, Zone C-2. The request was for a residential addition above an existing commercial building. Howard said the addition would be a two-bedroom apartment for the owner and a breakroom for employees. Chuck Powell asked if Zone C-2 allowed residential. Brannyn Allen said that was what prompted Special Review. She said it was technically a variance request. John Major asked to what Code it was a variance. Allen said to the uses in Zone C-2. Powell asked if they were required to see a parking plan and drainage review. Allen said that the earth drive would remain pervious but be improved. She explained that there would be one-way traffic off Highway 80, looping north, with a stop sign at North Campbell Avenue. She said that there was more than enough room to meet the parking requirements for the commercial and residential uses. Powell asked about drainage. Allen said it was under review with the two engineers exchanging comments. She said that the footprint of the building was not changing. Chair Barry Brown asked if anyone in the audience wished to speak in favor or in opposition to the petition. Keith Gay said that the Economic Development Council has been discussing recommendations about this kind of use. He said it was an effective use of the space and a great way for Tybee to encourage and improve the opportunities for people to come and do business. Major said that the Master Plan encourages mixed use in such areas. Mark Boswell and Downer Davis spoke about the drainage/engineering review. David Postle asked why they could not wait for the relevant paperwork. Brown said they could put conditions on any motion. Postle said they were being handed part of a package and being asked to add contingencies. Allen said that because the request was to allow residential over commercial it did not make sense for the applicant to move forward without knowing that they have approval. Brown closed the Public Hearing and asked for a motion on the Special Review petition. Bill Garbett motioned to approve. Major seconded. The vote was unanimous and the motion to approve Special Review passed. For the Site Plan Approval petition, Powell motioned to approve pending satisfactory engineering approval. Sandy Chandler seconded. The vote was unanimous and the motion to approve the Site Plan pending satisfactory engineering approval was passed. Brown told Howard that it would go before Council on November 29th. The next item on the agenda was two Text Amendments proposed by Cathy and Lloyd Kilday which related to two Sections of the Land Development Code: 3-060 Bed and Breakfast Regulations, and 4-050(A)(2) Uses Permitted After Special Review, Zone R-1. At the Commission’s agenda meeting on November 12th it was decided to not act on Text Amendments and until after the adoption of the Master Plan. However, because they were advertised in advance of the November 29th City Council meeting the Public Hearings needed to be held. Chair Barry Brown asked if anybody in the audience wished to speak. He asked for a motion. Bill Garbett moved to table. Chuck Powell seconded. The vote was unanimous. * * * * * 4 Scott Trowell of Ciphers Design and Walt Rocker of Rocker Developments presented a Site Plan Approval petition for 502, 504 and 506 First Street, PINs 4-0003-12-013, -014, -015, -016, and -017, Zone C-2. The request was for a commercial building and a swimming pool. Libby Bacon and Charlie Brewer recused themselves. Sandy Chandler asked about the pool. Rocker said that when he sold the 16 units in the first phase the buyer wanted a pool and Rocker told them he would find a way to get them a pool. He said he did not realize that they had to have Council approval. After Rocker spoke further, Chandler said he wanted assurance that the proposed building was not going to be a condotel. Rocker said they do not need more residential on the island and that is why he is going through the time and expense to try to put commercial there. He described the layout and the plumbing of the space. John Major said that at the agenda meeting the concern was raised about the bathroom being on one lot and the pool on another. Rocker and the others discussed the proposed pool location and easements. Chuck Powell said that the Code states that no swimming pool shall be placed across, on, or beneath any utility easement. Powell asked if it was a motel. Rocker said no. Chair Barry Brown asked if the pool straddled a lot line. Rocker said yes. Brown asked about a 20-foot buffer between residential and commercial. Rocker said it was C-2 land. Brown said the Code was worded “adjacent residential.” Brannyn Allen read “where a commercial district abuts directly upon a residentially zoned district.” She said the Code differentiated between uses and districts. Chandler asked if people could walk through the building into the neighborhood. Rocker said there would be a gate. Brown asked if the bathrooms were elevated. Rocker said they met FEMA requirements. The 24-foot width of the two-way drive aisle was discussed. Demery Bishop asked if the entire complex was retail space. Rocker said retail/commercial. Bishop confirmed with Rocker that there would be no residential. Brown asked if anyone in the audience wished to speak. Keith Gay said that Rocker assured him that it was commercial. He said it was consistent with the needs in the community and he encouraged the Commission to approve. Garbett asked about the four undeveloped lots. Rocker said they would be residential duplexes. The pool was discussed. Bill Garbett asked if time was of the essence. Rocker said absolutely. Powell suggested moving forward without the pool. Brown closed the Public Hearing and asked for a motion. Powell motioned to approve the plan without the swimming pool. Garbett seconded. The vote was six in favor (Bishop, Chandler, Garbett, Major, Postle, and Powell) with two recusals (Bacon and Brewer). The motion to approve without the swimming pool passed. A Text Amendment related to Section 4-050(A)(2), Uses Permitted After Special Review, was discussed. This was Ordinance 13-2007 and it proposed adding science and marine educational centers, lighthouses, and related historical facilities to uses permitted after Special Review in the R-1 Zone. Chair Barry Brown opened the Public Hearing and asked if anyone wished to speak. Chuck Powell motioned to table until after the Master Plan was adopted. Bill Garbett seconded. The vote was unanimous so the motion passed to table the Text Amendment until after the Master Plan was adopted. Ordinance 17-2007 was discussed next. This was a Text Amendment to the Land Development Code Section 5- 010(J), Shore Protection with Variance Clause. It was to clarify provisions and provide an effective date. Chair Barry Brown asked if anyone wished to speak. Bill Garbett motioned to table pending approval of the Master Plan. Chuck Powell seconded. The vote was unanimous. The motion to table pending approval of the Master Plan passed. Charlie Brewer asked if it was tied to the Master Plan or the Shore Protection Subcommittee. Brown said to the Master Plan. It was emphasized that the Subcommittee was still working. The next item was Technical Specifications. This was not a Public Hearing. Brannyn Allen said that the Technical Specification were the City of Savannah’s Technical Specification with some exemptions that Downer Davis, Joe Wilson and herself worked on. She said that it would be adopting a policy for the standards that the City of Tybee Island has already been holding contractors and developers to. After some discussion, John Major asked if the Technical Specifications would be incorporated into Tybee’s Code. Allen said no, this it was not an Ordinance or a Code. Following further discussion, Chuck Powell motioned to adopt. The second was by Major. The motion to adopt the Technical Specifications passed unanimously. Chair Barry Brown announced that he and Charlie Brewer would be stepping down for the month of December. He said that being a Commissioner had been a pleasure. Vice Chair Chuck Powell commended Brown for six years of service and Brewer for his year of service. Brewer thanked the Planning Commissioners and said that he had learned a lot. He said it was a very good group of people. Brown thanked Staff for their hard work. Demery Bishop motioned to adjourn. Chuck Powell seconded. The vote was unanimous.