HomeMy Public PortalAbout140_040_Minutes_PC_20141021_rev1 PLANNING COMMISSION CITY MANAGER
Demery Bishop,Vice Chair # Diane Schleicher
Ron Bossick
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Marianne Bramble ' { Pr PLANNING&ZONING MANAGER
Julie Livingston Dianne Otto, CFM
John Major lad
Tyler Marion, Chair , CITY ATTORNEY
David McNaughton Edward M. Hughes
MINUTES
Planning Commission Meeting
December 16, 2014
Chair Tyler Marion called the December 16, 2014, Tybee Island Planning Commission meeting to order. The
other Commissioners present were Ron Bossick, Julie Livingston, John Major, Marianne Bramble and David
McNaughton. Demery Bishop was absent and excused.
Chair Tyler Marion asked for consideration of the November 18, 2014 meeting Minutes. A motion to approve
was made by Commissioner Livingston and seconded by Commissioner Bossick, vote to approve was
unanimous.
Chair Tyler Marion asked if there were any disclosures or recusals. David McNaughton stated his recusal for
Item 5, Text Amendment — consideration of new ordinance pertaining to short-term rental properties. John
Major stated that he has a disclosure on the same Item as he owns a short term rental. Marianne Bramble stated
her recusal for Item 1, Site Plan Approval, 211 Butler Avenue as she owns the neighboring property.
Chair Tyler Marion stated that the Planning Commission is accepting applications for the upcoming term, 2
years, and applications are available at the Clerk's office. Those interested should submit their application by
January 8, 2015 for consideration at the upcoming City Council meeting on January 15, 2015.
Old Business
Commissioner John Major made reference to a variance request on 211 Lewis Avenue that was before the
Commission on November 18, 2014. The Commission did recommend approval of the request and when heard
by the City Council on December 11, 2014 it was denied. At the time of denial, the City Council recommended
that the applicable ordinance be sent to the Commission for their review and comments. He referred to the
Synopsis from that meeting and read his notes which he will forward to Ms. Otto. Ms. Otto stated that she has
prepared this item to be included on the next agenda, January 20, 2015. Commissioner Major thanked Ms.
Otto. Chair Marion made reference to the 60 days in which the resident has to become compliant. Ms. Otto
responded that there is not an ordinance in place that states a time frame in which a resident needs to become
compliant.
New Business
Commissioner David McNaughton made reference to previous variance requests in which the Commission
recommended approval: he asked where in the Code implied an unstated variance as his concern that if a
resident is requesting a variance they should be a filing a variance application. In the past the Commission did
not see the request. Ms. Otto recommended that the City Attorney be present for the discussion. She further
explained that there is not an ordinance that states what he is asking. Ms. Otto then explained the procedure as
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if the Commission approval a subdivision they are in fact granting a 55' wide lot rather than a 60' width. She
will relay his concerns to the city attorney and get his recommendation.
Ms. Otto introduced Ed DiTommaso, Ecological Planning Group, who has been contracted as a consultant to
handle the day to day operations of the Planning and Zoning Department due to her retirement on January 2,
2015. Chair Marion asked Mr. DiTommaso the length of the contract. Mr. DiTommaso responded that the
original contract is for three months and hopefully will be extended beyond that period. This will also give the
City adequate time to find a candidate for the position if they should decide to move in that direction.
Commission Major thanked Ms. Otto for her hard work and also complimented Mr. DiTommaso on his hard
work previously with the City.
Site Plan Approval—211 Butler Avenue; Brent Palmer: Zone C-1: PIN 4-0004-08-004
Planning and Zoning Manager Dianne Otto stated this location has the Funky Fish Retail Store with a duplex
unit on the second level, residential. The proposal is to install an inflatable waterslide along the north property
line which is now used as parking. She explained that in their packet are various documents from the slide
manufacturer providing specifications of the proposed slide. Ms. Otto explained the parking requirements and
the required protective screening or buffering from the abutting residential on the north and west sides of the
property. Commissioner Major confirmed with Ms. Otto that this is a site plan approval and made reference to
the first reading of an ordinance outlining site plan approval. Ms. Otto confirmed stating the mayor and council
modified the first reading by modifying the longevity of an approval site plan from 12 months to 18 months.
Second reading will be January 15, 2015. Commissioner Major read from the current ordinance and stated
based on that, the Commission is looking to verify that there are no conditions that would require a variance or
special review. Ms. Otto confirmed and outlined all the requirements in the staff report that is included in their
packet. Commissioner Major also confirmed the buffer requirements as outlined in the packet and asked why
the property does not have those buffering requirements in place currently. Ms. Otto responded that at the time
of site plan approval for the Funky Fish a landscape plan was proposed and the plan was accepted for the site
plan approval process. Currently, the applicant is complying with the basic requirements of the Code by
showing the 8' fence and the 5' vegetation rather than proposing any alternate landscape plan. She confirmed
that the landscape plan has been completed twice as it had become in disrepair and was brought into
compliance. Commissioner McNaughton asked Ms. Otto if this item is approved, would there be buffers on
three sides and would a buffer need to be included on the fourth side. Ms. Otto confirmed that there would be
only three buffers. There was a discussion as to if this is a temporary or permanent structure. Ms. Otto
explained that this is a permanent structure for their consideration. Commissioner McNaughton stated that the
top half of the Funky Fish is zoned residential, the Code requires a buffer between commercial and residential,
how will this be handled if the residential is on the top half of the building. Ms. Otto responded that the
requirement is to buffer between the commercial and residential uses, however, this is a mixed use building and
in her opinion it is not necessary to impose a buffer as both commercial and residential are owned by the same
individual. Commissioner Bossick questioned the dimensions of the proposed slide as well as the curbing that
is currently in place and how that would affect the buffering requirements. His second comment concerns
parking and the actual flow of the amusement. Ms. Otto responded that the engineer is present and would like
him to address the curbing issue. She further explained that the City does not have a parking standard specific
to this amusement use. Ms. Otto explained how calculations were done and feels the applicant has met the
requirements. Commissioner Major shared his concerns with the buffering of the amusement as it is 34.9' tall.
Ms. Otto stated that the 8' privacy screening will not shield the second half of the building. Chair Marion asked
staff if this is the first example of buffering and amusement that have come before the Commission. Ms. Otto
stated that the most comparable item was the miniature golf course was going through the permitting process.
Commissioner Livingston questioned the definition of sustainable development relating to protecting the site as
well as the definition for low impact commercial. Ms. Otto explained that low impact would be an office
building, something where the primary use is inside a structure and not outside. Commissioner Livingston then
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made reference to the Code, Sec 3-220, Amusement Parks, asking if the Code has changed as the copy she has
does not coincide with the on-line version. Ms. Otto responded that the Code was adopted in January 2014.
Commissioner Livingston added she has an outdated version. Commissioner Bossick posed questions regarding
staircase and railings for the project. Ms. Otto stated those questions will be answered during site plan review if
moving forward with approval. Brent Palmer approached the Commission to answer questions. He explained
that he owns several slides and operates them successfully. Chair Marion posed several questions regarding the
water for the slides as to the amount of water for the slide and where the water goes at the end of the day. Mr.
Palmer explained that the slide requires 400-500 gallons of water to operate per day and at end of the day the
water is wiped away, 5-10 gallons. Chair Marion asked Mr. Palmer an approximate of how many people would
be introduced to the west side of Butler Avenue with the amusement. Mr. Palmer speculated that during the
season it would be 3,000 — 5,000 people. Chair Marion expressed his concerns regarding parking, restrooms
and accommodating those people. Mr. Palmer explained the fencing which will control the crowds, entrance
and exit; the ADA compliant restrooms; and the daily, season, and hourly passes. Chair Marion then asked Mr.
Palmer to explain the location of the slide at Fernandina Beach to include the noise. Mr. Palmer stated the slide
is located at Main Beach Park which is surrounded by residential. He explained that the slide is run by two 1HP
electric blowers which are covered by vinyl and the sound is consistent with a Honda generator which would
run for approximately nine hours per day. Chair Marion then questioned the choice of location for the slide.
Mr. Palmer responded that the zoning was in place for the property as there is limited land on the Island that
would accommodate with amusement other than City property. He further explained the proposed model,
Hipster, specifications, and number of employees to operate (three) per Commissioner Bossick's request. Chair
Marion asked Mr. Palmer if he has spoken to the neighbors of the proposed location to get their feedback. Mr.
Palmer responded that he has spoken to some but not all. He also explained that in five years of operation, he
has had no safety issues as the operation is run professionally as well as correctly. Chair Marion expressed his
concerns with liability. Mr. Palmer explained the policies and safety procedures he has in place to include
deflating the slide within 20 seconds due to weather. Mark Boswell, Engineer, approached the Commission.
He explained the site to the satisfaction of the Commission to include the rollover curbing which would not
create a hazard. He also explained that there would not be a trip hazard as the gravel would be level with the
curbing. Commissioner Bossick asked Mr. Boswell to explain the excess water from the slide. Mr. Boswell
agreed with Mr. Palmer that there would not be more than 5 — 10 gallons at the bottom of the slide which would
be taken care of by a sump pump. Commissioner Bossick expressed his concerns with the water usage to
operate the slide. Mr. Palmer explained that there is not a continuous flow of water as the water is applied to
the slide when someone is ready to go down. Commissioner Livingston then asked several questions of Mr.
Palmer: (1) placement and type of fencing and (2) restrooms; Mr. Boswell explained that the fencing would
be done in accordance with desire of the Planning Commission and the restrooms would be Royal Restrooms
which are ADA compliant and accessible. Chair Marion asked Mr. Palmer the status of the slide in Fernandina
Beach. Mr. Palmer stated it is profitable and the County Commissioners have approached him to open other
amusements. Commissioner Major questioned the power source. Mr. Palmer stated that it would be run by a
subpanel with a small generator as a backup and there would be no music with the exception of a small radio.
Commissioner Livingston expressed her concerns with the amusement hosting private events. Mr. Palmer
replied that if necessary, tables and chairs could be put at the side of the slide. A discussion ensued regarding
the number of patrons for the amusement as Commissioner Livingston does not feel it would be profitable. Mr.
Palmer stated that during the week he may not even be open due to the vacation schedules but will be open
weekends. He further stated that there will be a shuttle for vacationers to alleviate any parking issues.
Commissioner Major expressed his concerns with special events and how they would be handled. Ms. Otto
replied that this would have to be researched and brought back to the Commission. Rob Ray, representing John
and Caroline McGaughey, approached the Commission to speak against the amusement. Mr. Ray discussed the
Inland Cottage Neighborhoods and the development thereof. He feels this amusement is not low impact
commercial use. Mr. Ray went on to discuss the waterslide that was previously on the Island and the associated
noises, radio and patrons. He further discussed the lack of a stakeholder community and traffic issues. Mr.
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McGaughey approached the Commission stating that if this amusement is approved he would try to sell his
property and move. Ms. Otto then explained the split community character of the amusement as the west side
of the property is Inland Cottage and the Butler side of the property is Art and Eco-Business Corridor. Mr. Ray
feels by approving this amusement, Tybee Island will now mirror Daytona Beach or Myrtle Beach, covering the
beach with commercial. John and Sue Gouse approached the Commission to express their concerns with the
amusement and share the McCaughey's concerns with the noise. Ms. Gouse stated they were not properly
notified of the amusement. Ms. Otto responded that the Public Notice signs were posted in accordance with the
criteria and written notice would be sent to the adjacent property owners at the conclusion of the Planning
Commission meeting. Mr. Gouse then described the possible health issues with the amusement as he is a
physician. He also feels that this is not a good location for the amusement as it needs to be in an isolated area
due to noise and parking. Ms. Gouse again expressed her concerns regarding the lack of notification of the
amusement as this occurred previously with the proposed placement of the containers on the property.
Marianne Bramble approached the Commission to express her concerns regarding days of operation and
parking. She would ask the Commission to deny. Pat Valley approached the Commission stating she is in
favor of having an activity for the young people and she would recommend the City revisit after one year of
operation. Carolyn McGaughey approached the Commission to express her concerns with the amusement as
ask the Commission to deny. Brent Palmer approached the Commission for an explanation for the use of a C-1
zone asking if a bar could be place on the property. Ms. Otto confirmed with site plan approval process. Chair
Marion closed the public hearing stating he is in favor of the amusement but not the location. Commissioner
Major stated he cannot support this request as submitted due to the split character and the possibility of outside
dining. Commissioner Livingston agreed with Chair Marion as did Commissioner McNaughton.
Commissioner McNaughton made a motion that city council rejects this application. Commissioner Major
seconded. Vote was unanimous to deny.
Chair Marion made reference to the Short-term Rental Ordinance as he would still like to keep it active and the
topical agenda but not for this evening. He explained that he is collecting supplementary data specific to the
direction he would like the ordinance to go. Topics that will be addressed will be the parking issues vs.
occupancy as they need to correlate. His recommendation is to pin and carry over that item over as well as the
lighting ordinance. The commissioners confirmed.
Site Plan Approval — 1013 Highway 80 — Keith Gay and Jerry Cox: Zone C-2: PIN 4-0026-07-005A.
Planning and Zoning Manager Dianne Otto stated this property is an existing single family home and the
occupant and owner are asking to convert the existing single family home to mixed use with commercial space
on the bottom and residential/single family home on the top. Due to the change of use it requires site plan
review. She further explained the dry flood proofing of the commercial portion of the building in accordance
with FEMA. Ms. Otto stated that there are three lots of record and if this item is approved, prior to issuing the
Certificate of Occupancy, the owner applies for a lot recombination as all three lots are servicing the building.
Commissioner McNaughton stated he is concerned with the parking plan for this site as there seems to be a
mistake on the plan due to turning radius and required measurements. Commission Bossick made reference to
the flood proofing requirement. Ms. Otto responded that the owner is required to provide to the City a Flood
Proofing Certificate which documents to which level it is dry flood proofed and it is in fact working.
Commissioner Major asked Ms. Otto to explain the buffering. Ms. Otto responded that staff received a permit
application to begin the project and the applicant was notified that site plan approval was required. The buffer
plan is included in their packet. Chair Marion closed the public portion of the hearing. Keith Gay approached
the Commission to answer any questions. He confirmed that the proposed use of the bottom floor of the
structure is going to be a beauty salon. He commented that there is limited space on the Island for small
businesses and this site is a perfect solution for that use as there is a pre-existing building with mixed use. Mr.
Gay outlined the changes in the lower portion of the building to include retrofitting the bathroom; removing the
existing garage doors; and relocating the existing bamboo. He would ask the Commission and the City to give
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them consideration for parking requirements as they are not removing an existing tree. Chair Marion stated that
the engineering portion of this request is now a non-issue regarding water proofing. Ms. Otto confirmed that
they would be required to flood proof approximately 2' of wall height. Commissioner Major confirmed with
Ms. Otto that this property is not subject to the 50% rule. Mr. Boswell approached the Commission explaining
the parking plan with reference to the existing tree. He confirmed that there is ample space for a turning radius.
Commission Major asked Mr. Boswell to have a buffering plan when the site plan approval goes before City
Council on January 15, 2015. He confirmed. Ms. Otto stated that included in their packet is the most recent
comments from the City's Engineer to Mr. Boswell. Mr. Gay stated that it is his intent to plant a sturdy grass
rather than the white rock. Chair Marion closed the public portion of the hearing. Commissioner Major made a
motion to approve. Commissioner Bossick seconded. The vote was unanimous.
Site Plan Approval— 1513 Butler Avenue—Nickie's 1971 Bar & Grill: Zone C-1/SE: PIN 4-0008-07-004
& -001. Planning and Zoning Manager Dianne Otto stated the owner of 1513 Butler Avenue has purchased the
rear property which includes a small former residence. Ms. Otto explained that the owner of Nickie's had
already installed an outside patio and seating at the location without staff's knowledge. He has decided to go
forward with site plan approval rather than removing the patio and outside seating or be cited. If this request is
granted a lot recombination will be required. Commissioner Major asked Ms. Otto to explain what new
construction was permitted. Ms. Otto stated that the fencing was permitted and the rear stairs. The patio and
use was not permitted. Commissioner Major confirmed with Ms. Otto that a variance will not be required. Ms.
Otto stated her concern includes the water displacement and has been deferred until heard by City Council.
Calvin Ratterree approached the Commission to answer questions. He stated that when he did the stairs it was
for the band members as there was not ample space for them to get into his bar without disturbing the
customers. Mr. Ratterree further explained that he did lay the stone not knowing he had to have a permit. The
patio was built for the smokers and the area will not be used for anything else such as food. Chair Marion then
asked about a complaint from a neighbor regarding noise. Mr. Ratterree explained this was due to a band
member opening the back door which allows the noise to filter into the neighborhood. The back door is usually
not opened. There was a short discussion regarding the complaint that was filed. Chair Marion asked Mr.
Ratterree the status of the drainage plan. Ms. Otto stated that Mr. Ratterree will have to contact an engineer to
complete his drainage plan. Ms. Otto made mention of the uninhabitable structure on the property. She
explained that it would come under the 50% rule and is uninhabitable. Commissioner Bramble expressed her
concerns with the existing lighting as there is only one flood light. A discussion ensued regarding the noise
level for the back area. Commissioner Major asked if there are any other bars that have back seating similar to
that is this location. Mr. Ratterree responded yes and gave an example of the Sand Bar. Libby Manard
approached the Commission to speak against the site plan approval. She read from a statement listing issues
why the site plan approval should be denied as it is a determent to the quality of life on Tybee. Chair Marion
closed the public hearing. Ms. Otto made reference to the required buffering and read from the Staff Report.
Commissioner McNaughton stated he is not in favor of granting an after the fact site plan approval.
Commissioner McNaughton made a motion to reject the site plan approval. Commissioner Bossick seconded.
Vote was unanimous to reject.
Commissioner Bramble made a motion to adjourn. Commissioner Livingston second. Vote was unanimous to
adjourn.
Minutes submitted by Jan LeViner
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