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HomeMy Public PortalAbout20091020_PC_mtg_min 1 PLANNING COMMISSION CITY MANAGER James P. Boyle, Chair Diane Schleicher Randi Bryan Jay Burke PLANNING AND ZONING MANAGER George Dausey Jonathan H. Lynn Lisa McKenzie Anne Miller CITY ATTORNEY Whitley Reynolds, Vice Chair Edward M. Hughes MINUTES Planning Commission Meeting October 20, 2009 – 7:00 p.m. Chair James Boyle called the October 20, 2009, Planning Commission meeting to order. Other Commissioners present were: Randi Bryan, Jay Burke, George Dausey, Lisa McKenzie, Anne Miller, and Whitley Reynolds. Chair James Boyle asked for a motion on the Minutes of the September 15, 2009, meeting. Anne Miller motioned to approve. George Dausey seconded. The vote was unanimous. Chair James Boyle asked if there were any Disclosures. Whitley Reynolds said that he would recuse for items 1, 2 and 3. Chair James Boyle opened the Public Hearing for Site Plan at 1107 and 1111 Butler Avenue, PINs 4- 0006-19-005, 4-0006-19-013, 4-0006-19-014, and 4-0006-19-015, Zone R-2. The petitioner was Mike Hosti. The request was for expansion of parking. Whitley Reynolds recused. Jonathan Lynn explained that the plan showed a14-foot ingress from Lovell Avenue and had a total of 38 parking spaces. Anne Miller asked if it was going to be two different things or would it be one for the grocery store, changing the district, and then one on whether they wanted the parking lot or not. Lynn said no, it was just the Site Plan for the parking lot. He said that the Text Amendment and the Map Amendment would have Second Readings at the Council meeting on October 22. George Dausey said that his concern had always been that the parking spaces in front of the store were too tight, and spaces were being added. Downer Davis, the City’s consulting engineer, said that if they wanted to make it wider and less dense they could, but there was nothing in the ordinances that allowed the City to tell them to remove existing parking spaces. Dausey said that it was congested. Mark Boswell, engineer for the petitioner, said that the restriped lot would have 9-1/2-foot wide spaces in front of the store. It was discussed that the Butler Avenue entrance would be moved to the north. Lisa McKenzie verified with Boswell that the Lovell Avenue access was entrance only and that big trucks would not be entering the parking lot. McKenzie asked about lighting. Hosti said that he planned to use solar lighting, probably on four posts on the north side and one light in the northwest corner that would stay on. He said that the others would go off at 10:00 p.m. McKenzie asked what the 6-foot privacy fence would be made of. Hosti said that the Police Department preferred board on board. McKenzie and Hosti discussed light, noise and the height of the fence. They also discussed a 6-foot electronic gate to be located at Lovell Avenue. Hosti said that when a car pulled up to the gate, it would open. McKenzie asked about the buggy corral at the Butler Avenue entrance. She and Hosti discussed. McKenzie asked if the DOT had said anything about putting a caution light on Butler Avenue. Lynn said that he was not aware of any such discussion. Hosti said that he would like to see a traffic light there. McKenzie asked about relocating the buggy corral. Hosti said that it was a necessity. Randi Bryan said that for 16 parking spaces it was a tremendous amount of money. She asked Hosti if he had intentions of expanding the store. Hosti said that he would love to expand the grocery store but could not afford to. He said that if it was it would be years down the road. Boyle called for public input. Jimmy 2 Brown said that he was opposed to any plan that would violate individual property rights. He discussed traffic congestion, noise, safety, delivery trucks, the dumpster location, and the width of the Lovell Avenue entrance. Brown requested a traffic impact study by an independent firm. Davis said that on a project of this size he would be surprised if anywhere would require a traffic impact study. Brown, Lynn and Davis discussed. Brown asked why tractor-trailers could not go out through the parking lot by widening the Lovell Avenue access. Carly Fuller noted that the plan did not meet with strategies of the Master Plan. She spoke about the grocery store district that had been created and about the number of parking spaces being calculated at a space per every 370 square feet. She provided the amounts of retail space and office space. Fuller passed pictures to the Commissioners of trucks unloading on Lovell Avenue. She said that putting more traffic on the road would not help. She stated that the plan said that 26% of the project was to be greenspace. She asked how that could be. Fuller noted that residents have to give of their properties for setbacks yet every part of the proposed site was being used. Miller verified with Fuller that she owned a portion of a property on Tybee Island. Lynn clarified that parking could be located in setbacks, and that white rock or pavers could be counted as greenspace. Gloria Leonard, 1103 Lovell Avenue, spoke in opposition. She said that the City was about to devalue the neighbors’ properties so that Hosti’s property could be more valuable. Leslie Fuller, mother of Carly Fuller, spoke in opposition. Frank Kelly, Inlet Avenue, said that when the parking lot was in an overflow condition it increased chances of an accident. He spoke about trucks. Carly Fuller discussed traffic. Davis discussed the parking lot and that his focus had been on it, not the existing dumpster, existing grocery store, or existing parking. Boswell said that the original intent was to get trucks off of Lovell and through the parking lot, but that changed before he got involved. He said the reason they did not want to make the Lovell Avenue access 24-feet wide to allow trucks was that it would invite two-way traffic instead of one- way. He said that panel trucks were small enough that they could get through there. Next Boswell explained that according to Tybee ordinance if it was not impervious, it was greenspace. McKenzie asked if it was pavers. Boswell said yes. Boyle closed the hearing and called for a motion. Dausey asked if they could have a conference. Lynn suggested they take a break, which they did. The session resumed. Boyle called for a motion. Dausey motioned to accept the Site Plan with an in and out on Lovell Avenue. Miller seconded. McKenzie asked Dausey about the motion. Dausey discussed traffic flow and relocating the dumpster. Jay Burke said that the width of the gate would need to be expanded. Dausey agreed. McKenzie asked the required number of parking spaces for the square footage of the building. Lynn said that Council voted at their last meeting to make it one space per every 370 square feet for the entire building. McKenzie and Lynn discussed. Boyle called for a vote. The vote was 2-3 with Dausey and Miller in favor and Bryan, Burke and McKenzie opposed. Reynolds had recused. The motion failed. Miller then motioned to approve. Burke seconded. The motion to approve passed with Burke, Dausey, McKenzie and Miller voting in favor and Bryan voting against. The petition would go before City Council on October 22. Chair James Boyle opened a Public Hearing for a Zoning Variance at 1701 E & F Chatham Avenue, PIN 4-0010-05-018, Zone R-2. The petitioner was Donald Brown, Kern-Coleman & Company, LLC. The request was for a side setback variance for stairs at a duplex. Whitley Reynolds recused. Jonathan Lynn said that the request was from the property owner, D. L. Sweeney. He explained that Sweeney purchased the house through a foreclosure and the house was already built and the stairs already there. He said upon trying to obtain a Certificate of Occupancy to subdivide and sell the units, on the as -built drawing the stairs were located in the setback. Lynn said that Sweeney was not aware of this and did not build the steps, but in order to get a C.O. he had to obtain this variance. Lynn explained that the stairs were 1.39- feet into the 10-foot required setback. He said that according to City Attorney Bubba Hughes this was not considered to be an after-the-fact variance because Sweeney was not the property owner at the time of the building; Sweeney acquired the property after it was built. Brown verified that the property was purchased out of foreclosure. He said they tried to see if there was any way to realign the stairs but due to building 3 codes and the stair landing dimensions it had to be where it was. He said that the stairs overhung but the support column for the stair landing was very close to being out of the building setback line if it was in the building setback. Brown compared it to an eave on a home setting into a setback; not an actual structure the entire way down. Anne Miller asked if it was an after-the-fact variance. Lynn said no, due to the fact that Sweeney purchased the property and it was already constructed, Sweeney inherited a hardship. Boyle asked for public input. There was none. He closed the Public Hearing and asked for a motion. Lisa McKenzie motioned to approve. Randi Bryan seconded. Voting in favor were Bryan, Jay Burke, George Dausey, and McKenzie. Miller voted in opposition. Reynolds had recused. The motion to approve passed with a 4-1 vote. The request would be heard by City Council on November 12. Chair James Boyle opened a Public Hearing for Special Review at 8 Palmwood Court, PIN 4-0002-24- 005, Zone PUD. The petitioners were Randolph and Priscilla Bishop. The request was for a residential bed and breakfast. Whitley Reynolds recused. Jonathan Lynn said that it would be a 2-unit residential bed and breakfast and that the required on-site parking was available. Mr. Bishop summarized the request. He noted that there would not be signage on the property; advertising would be web-based. He said that there would not be any special events. He said that the bed and breakfast would only operate on Friday and Saturday nights for 20 weekends a year. Bishop referred to a letter from Thomas Mahoney, Jr., an attorney, that he had received and that was also sent to the Mayor, City Council and Planning Commission. Bishop said that the letter would lead one to believe that it was written on behalf of the Homeowners Association but he was a member of the Association and was not notified that there was an issue. He said that in his conversations with several homeowners the bed and breakfast was not bothersome to them. Bishop spoke further about the contents of the letter and the proposed bed and breakfast. Mrs. Bishop also referred to the letter and spoke of the proposed bed and breakfast. Boyle called for public input. Walker Beeson, president of the Seashore Colony Homeowners Association, said that the Association had not had a vote; they had a poll of all of the members of the Board of Directors, and they felt that it was in the interest of the Association that they oppose the development of a B&B within their neighborhood. Beeson concluded his remarks. George Dausey asked Beeson about comments that Mr. Bishop had made about businesses operating out of two homes in the subdivision. Be eson said that he was not aware that someone was doing business out of their home. He said that they have not been able to prevent people using their home as rental propert y. Mr. Bishop said that maybe there was a misunderstanding of the covenants. Dausey asked about the by-laws of the Association. Bishop said that they were written in 1991 but there had been some amendments through the years. Boyle verified with Lynn that it was not the Planning Commission’s role to be involved with the issue between the Association and the petitioner. Anne Miller asked where the Bishops were living. Mr. Bishop said in the residence. Miller asked if they would have any help. Mrs. Bishop said that they have a maid that comes once a week. Lisa McKenzie asked when the property was purchased. Mr. Bishop said they purchased the lot in 2007, built the house and became occupants around Labor Day weekend of 2009. McKenzie asked if they had a B&B in mind when they built. Mr. Bishop said that they thought it would be a fun, social thing to do. He said that it was not built as a bed and breakfast. McKenzie asked if they were aware of the covenants. Mr. Bishop said that it is their opinion that they do comply. McKenzie asked if they had went before the Homeowners Association and presented it. Mr. Bishop said that they had not, but they did have discussions with some of the homeowners. He said that it certainly was remiss for him not to but it was not because he was trying to hide anything. Randi Bryan and Lynn discussed the criteria for commercial versus residential bed and breakfasts. Boyle closed the hearing. Miller motioned to deny. McKenzie seconded. The group discussed. Burke, Dausey, McKenzie, and Miller voted in favor of the motion to deny. Bryan voted against the motion. Reynolds had recused. The motion to deny passed with a 4-1 vote. The petition would be heard by City Council on November 12. * * * * * * 4 Chair James Boyle opened a Public Hearing for a Text Amendment to Land Development Code Article 6, Sign Regulations. The petitioner was the City of Tybee Island. Jonathan Lynn explained the proposed revisions to Article 6. Anne Miller requested a workshop for reviewing the document. Lynn said that there were a couple of other items that could be put in the workshop. Boyle suggested that Lynn let them know a date. No action was taken. Chair James Boyle closed the meeting.