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HomeMy Public PortalAbout20160208_Planning packet.pdf PLANNING COMMISSION CITY MANAGER Demery Bishop Diane Schleicher Ron Bossick Marianne BrambleCOMMUNITY DEVELOPMENT DIRECTOR Tina Gann George Shaw John King Charles MatlockCITY ATTORNEY David McNaughton Edward M. Hughes Planning Commission Meeting AMENDED-AGENDA February 8, 2016–7:00 p.m. A. Call to Order: : B. Planning Commission Oath administered by Mayor Jason Buelterman 1.Demery Bishop 2.Ron Bossick 3.Tina Gann 4.John King C. Elections: 1.Chair 2.Vice Chair B. Consideration of Minutes: 1. Meeting ofJanuary 11, 2016 C. Disclosures/Recusal: D. Old Business: E. New Business: 1. Site Plan Reviewand Special Review–consideration for new Memorial Park Restrooms City of TybeeMemorial ParkZone P-CPIN 4-0004-21-001 2. Variance–consideration of third story addition Ken Grainger 3 Thirteenth Ln. Zone R-TPIN 4-0007-06-004A 3. Minor Subdivision –consideration of making one lot into two lots th Emrich, LLC8 13TerraceZone R-2PIN 4-0007-05-033 4. Site Plan Review –consideration of an RC Car track/Park th Edward Alexander5Ave. and Hwy 80Zone C-2/R1BPIN 4-0003-11-014 Adjournment: PLANNING COMMISSION CITY MANAGER Demery Bishop Diane Schleicher Ron Bossick Marianne BrambleCOMMUNITY DEVELOPMENT DIRECTOR Tina Gann George Shaw John King Charles Matlock CITY ATTORNEY David McNaughton Edward M. Hughes MINUTES Planning Commission Meeting January 11, 2016–7:00 p.m. Vice Chair Bishop called the January 11, 2016Tybee Island Planning Commission meeting to order. Commissioners present were DemeryBishop, Marianne Bramble, David McNaughton, Charles Matlock,and Ron Bossick. Minutes: Vice Chair Bishop asked for consideration of the December21, 2015 meeting minutes. A motion to approve was made by Commissioner Bossick and seconded by Commissioner Bramble; the vote to approve was unanimous. Disclosures/Recusal: Vice Chair Bishop asked if there were any disclosures or recusals. Commissioner McNaughton stated that he must disclose his self because hiswife works for Tybee Vacation Rentals and he also does work for them and he feels he should recuse himself. Vice ChairBishop asked Commissioner McNaughton in regards to our agenda item tonight ifhe would need to be recused for his inability to be impartial. Commissioner McNaughton stated hethinks he can be impartial on the item on the Agenda.Vice Chair Bishop asked if there were any concerns from the Planning Commission and they would need to vote on Commissioner McNaughton not recusing himself, the vote was unanimous. Old Business: Vice Chair Bishop asked if there was any old business. There were none. New Business: Text Amendment –consideration of Short Term Rental DraftOrdinance No. 28-2015 and 28A-2015. Mr. Shawapproached the Commission stating that the City has twoShort-term rental draft ordinances for the Planning Commission to review and that the City of Tybee has had 3 public workshops to discuss the need for these ordinances. They have been drafted by the Assistant City Attorney. One ordinance is a short version which is more or less as a registration requiring short-term rentals to register with the City so we can properly collect Hotel Motel Tax and Business License fees. The long version has more regulation and more restriction and it deals with the tenants and their activities. There are also some examples of forms taken from other communities that might be what our form looks like and are not up for discussion they are for reviewing. He also hasa few other comments from the public who were not able to be here tonight if you would like for me to share.1. Letter size for the sign requirement may not be legible on some properties because of where the house sits on the lot. 2. Thiswould not work for many Condominiumsbecause they would not necessarily allow them on every unit. 3. Some web services donot have written agreements.4.In the long version there is a way to determine maximum occupancy that would conflict with some already booked rooms for this year, so ifthe Commission adopts the long version this personwould like for the occupancy as it is now to be grandfathered in for the rest of the year. This would be something for the City Attorney and City Council to agree and decide on. Vice Chair Bishopstated that there has been a tremendous amount of effort in this process of these two ordinances and there are a fewissues he would like to discuss. The current ordinances we have today cover most of the disorderly conduct andtrash. The twenty four seven contact issue is something that needs to be discussed, secondly there is a need for amore proactive database for management. Commissioner McNaughtonstated to Mr. Shaw that he has asked this question before and never got an answer, can the City legally set parking and occupancy standards for one set of residences and not for the rest of the Island. Mr. Shaw stated that the City attorney suggested this inthe ordinance so he assumes they can, but he is not very comfortable enforcingit and he doesn’t know the legal answer to that question. Commissioner Bossickstated theanswer is defined in our International Building codes Section 907.2.8.1 that talks about individual sleeping roomand goes on to separate by public or common areas.Commissioner Brambleasked Mr. Shaw if the sign ordinance 34-198 is already in effect. Mr. Shaw stated there issome duplicationin these and that might be one. Vice Chair Bishopasked if it changes anything in the business license if it is a short term rental. Mr. Shawstated you need a business license if you are opening a short-term rental. Commissioner Brambleasked if a homeowner signs a contract with a Property management company will they use the managements Business License. Mr. Shawstated that is the way it is done now but the new ordinance would require a business license for each building or unit. Vice Chair Bishopstated that some of these ordinances are not being enforced. Commissioner Bossickasked ifthe different zoningareas that do not allow rentals are being enforced or will it be enforced by this new ordinance. Mr. Shawstated currently there is no effort to limit them by zoning district thatcertainly could change in the future.Vice Chair Bishopstated that some of the codereferences do not match up and some are conflicting. Commissioner Bramblestated she thinks more staff would have to be hired to enforce this. Vice Chair Bishopopened the meeting to the public. approached the Planning Commission and stated that he is a resident of Tybee Island and also the President of the homeowners association for Beachside Colony and he is here representing the DesotoCondominium Association, Beach and Racket Club CondominiumAssociation and Captains Watch CondominiumAssociation, these four condominiumassociations eachtotal 200 to 300 units. He would like to provide feedback and recommendations on the proposed ordinances as it applies to the owners of the associations. The definition of short-term vacation rental chapter 34- 195 paragraph D reads . Does this include condominium and condominium associations? Mr. Shawstated this does include condominiumsand hebelievesthe City Attorneymeant to exclude hotels and motels also. also stated heunderstandsthe city is trying to solve a problem that was brought up a while ago thatstarted from homes in residential neighborhoods that were being rented out that were causing noise, trash and safety issues. These condominium associations already pay for services to keep form having these types of issues. This ordinance will cost condominium associations double tax money, we would ask that you exclude condominiumassociations for this reason. approached the planning commission and stated he has been a resident of Tybee Island for 17 years and has been active in short-term rentals for 15 years.He stated that heoperatesTybee Beach Vacation rentals and about 200 more rentals ranging from condominiums to single family homes. He hasbeen to various sessions up till now and haspointed out all these same issues, it seems that the ability to enforce those ordinances seemsto be problematic. An ordinance is not the way to fix this. Bad behavior is not exclusive to vacation rentals. We can create a noise ordinance with a time limit. Parking has alwaysbeen a problem on Tybee but it is manageable.All management businesses on this Island provide a list of properties that they manage to the Cityof Tybee already. He wanted to ask that Planning Commissiondecline both of these ordinances and send them back to be fixed. If you do have to choose one today thenchoose the registration format ordinance. approached the Planning Commission and stated that she ownsproperty at 1218 Bay Street and is a part timeresident of Tybee and also owns vacation rentals. She stated that she would like to address Section34-196 in section A. Itrefersto occupationtax certificate/short term vacation rental certificate registration,she would like to know are we required to have both. If you could address this question or make it clearer as they move forward.She also wanted to mention that our home is across fromtheBeach and Racquet club and they do a very good job of managingtheir condominiums. These ordinances do need more work and shebelievesyou folks are the ones to do that Vice Chair Bishopstated he would like to make a note that these ordinances are not a work productof this Commission as a body,this is thefirst time we have seen these. approached the Planning Commission and stated she is a resident of Tybee Island and she rents out her homeherself. She feels the ordinances are punishment for home rentals and there should be a study done. This would be a large cost for peoplethat don’t have companies renting their homes for them.My house and my rental property aretogether, how does she divide that, and she isnot there twenty four seven. approached the Planning Commission and stated she lives at 5 Lighthouse Lane and one year ago she asked for this ordinance to be brought in front of the Planning Commission. The City held stakeholder meetings but no homeowners with rental properties were invited. At the first meeting the city attorney drafted a simple ordinance that was perfect, then after the stakeholders meetings the ordinance gotbigger and more complicated. These two ordinances before you are a waste of your time and should be looked at by a variety of home owners and stakeholders, and they should be rewritten with simplicity, fairness and forcibility. She stated that the government could do a good job. She referenced a column (Vacation rental groups open to government regulation).She left a copy of thefirst draft with Mr. George Shaw. ViceChair Bishopnoted the column Ms. Obrien referencedstated,if local officials don’ttake action then the state will come in and do it for them, and that is a very big concern of mine. approached the Planning Commission and stated she is a residentand property owner. She wanted to make note that all of the vacation rental companies live and own property on Tybee so there were home owners at the stakeholder meetings. She also stated she is concerned about protecting ourresale done the road, these ordinances could price usout of the marketand this will concern a majorityof the island. approached the Planning Commission and stated she lives at 120 Eagles Nest Driveand noted that the city needs to come up with a databaseand enforce the already existing ordinances. She also stated there is a declinein population on Tybee, right now it is around 78% vacationrentalsand condominiumsand 22% residents. She stated we are moving from being a small townto being a resort. approached the Planning Commission and stated she is a resident ofTybee and she has been a co-owner of Tybee Vacation Rentals for 16 years and has around 220 properties and she did participate in the workshops for these ordinances. She also mentioned that the City of Savannah had a very positive processfor this. She also mentioned that there are 800 to 1,000 Short term rentals and 3,000Residents. Can we simplify this and track the issues and find the problem first. Find out what our needs are first. We do need to set up a database for registration. Both of theseordinancesneed work. Simplify please. approached the Planning Commission and stated she is a resident of Tybee and also is a co-owner of Tybee vacation rentals. And she feels she does qualify asa stakeholder. And we do have a home based business ordinance that allows use within the confines of the home which is called residential use.Licensesper unitwould need to be considered again because that would be very high. Tying occupancy to a bed count is misguided. Tourism has always been the corner stoneof Tybee. Vacation Rentals are occupied only half of the year. approached the Planning Commission and stated he is a resident of Tybee and he is here representing the Lighthouse PointCondominiumAssociation as a board member.Hewould like for the Commission to consider separating condominiums from other types of rentals because some of our condominium owners also rent their units as short term rentals, and that would double tax them. approached the Planning Commission and stated she has been a resident of Tybee for a year now, and stated that observing tonight’s comments the ordinances in front of us tonight should go back to the drawing board. approached the Planning Commission and stated he owns property at1607 B Chatham Avenueand he is a native of TybeeIsland. He also hasrentalproperty and has aproblem putting hisname and number on thehouse. When people are out of controlthey should call the police. You can’t regulate people’s behavior.The signs do not seem fair. e approached the Planning Commission and stated she owns propertyon Tybee and also owns a small property management business.She asked where the data that supports the allegations listed in the first draft ordinances were.She finds it hard to believe the police are not able to gather that data. She stated the two issues most important to her are collectingthe data and findingout where the problems are instead of wasting all this money and time. She stated“I feel like I have been indicted and I have a right to see that data.”Also there needs to be equal protection for homeowners and short-term rental owners. approached the Planning Commission and stated he is not a resident of Tybee Island but owns property at 1101 ButlerAvenue that is measured in square feet not dollars and he thinkshe isa stakeholder even though he isnot a resident. He stated why would hebe considered a short term rental?And where would he go when a permanent residence next door does not follow the rules? approached the Planning Commission and stated she is a resident of Tybee Islandand owns property at 126 Eagles Nest Drive, and does not have a vacation short term rental. She stated these ordinances are not clear. Her recommendation to the Planning Commissionisthat they scratch these two ordinances in front of us now and recommend that theCity Manager or Mayor and Council form a committeewith a resident that does not own a vacation rental,aresident that owns a rental property,arepresentative from the vacationrental industry,a council member,a staff member,and a law enforcement member, that would look at all the issues and come up with a registration system that would solve all the problems, and come up with a one page City ordinance. Commissioner Bramblestated this needs a lot of work and people that own rental property should rent for themselves not through rental properties.Commissioner Bossickstated we have to clean this up and both of these ordinances have rules that are currently on the books. Vice ChairBishopstated we need to identifywhat is driving this and come up with a more compiled ordinance and enforce the current ordinances; there were issues we did not even talk about.Commissioner Matlockmade a motion to go forward to city council to recommend that these two ordinances be held back and a committee be formed to identify the issuesand recommendsolutions. The motion was seconded by Commissioner McNaughton.Commissioner Bossickstated that we should recommend somegroup membersand give it a time limit. Commissioner Matlockamendedhis motion to go forward to city council to recommend that these two ordinances be held back and a committee be formed to identify the issues and make solutions.The committee should include but not limited to the City attorney, the Community Development Director, a Short Term rental representative, a Tybee resident, a member of the Planning Commission, a City Council member, a member of the Police Department, a member of the Fire Department,and the City manager.The vote was seconded by Commissioner McNaughton; the vote to approve and move to City Council with recommendations was unanimous.Commissioner Matlockmade a succeeding motion to include a time limit of 90 days from today January 11, 2016.The vote was seconded my Commissioner Bramble; the vote tomove to City Council withrecommendations was unanimous. Commissioner Bramblemade the motion to adjourn and Commissioner Matlocksecondedthe motion, the meeting adjourned at 9:20pm. STAFF REPORT PLANNING COMMISSION MEETING: February 8, 2016 CITY COUNCIL MEETING: March 10, 2016 th LOCATION: 3 13LanePIN: 4-0007-06-004A APPLICANT:Ken GraingerOWNER:Ken Grainger EXISTING USE: Single family dwellingPROPOSED USE: Singlefamily dwelling ZONING: R-TUSE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: BeachfrontNeighborhood APPLICATION:Zoning Variance (5-090) fromSection 3-090(Scheduleof DevelopmentRegulations). PROPOSAL:The applicant isrequesting setbackvariancesto expand encroachment in the setback by adding a third floor to an existing nonconforming structure. ANALYSIS:The applicant is requesting to add a third floor to an existing single family dwelling in the RT zoning district. The required setbacks in the RT district are 20’ front, 20’ rear, and 10’ sides. The existing dwelling has setbacks ofapproximately 25’ front, 8.72’ rear, 10.13’ left side, and 16.35’ right side.The dwelling does not currently conform to FEMA or greenspace regulations.The applicant was previously granted a variance for a deck and stairway in 2010.The proposed third story addition will add 1008 square feet conditioned space plus porches. Variance standards require that the applicant meet the following conditions: (1)That there are unique physical circumstances or conditions beyond that of surrounding properties, including irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, or considerations related to the environment or the safety, or to historical significance, that is peculiar to the particularproperty; and, (2)That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of this Land Development Code, without undue hardship to the property. (3)A nonconforming use or structure does not constitute a unique physical circumstance, condition, or consideration. While thereare unique physical circumstances due to the undersized lot the property does not meet the conditions of #2 and #3. The Comprehensive Plan describes the BeachfrontNeighborhood as follows: This area includes the neighborhood adjacent to the beach on the east side of Butler Avenue. It is defined by a mix of single family, duplex, and multifamily development. General characteristic of the area include old growth trees, on-street parking, wide streets, alleys, and public and private beach access. 1 Comprehensive Plan –Community Character Area BeachfrontNeighborhood–Section 1.2.4 Meets Recommended Development StrategiesStrategy Y/N or N/A 1.New development, redevelopment and restoration should be consistent with existing character Yand N of the area in terms of mass, scale, use and density. 2.The pedestrian environment should be enhanced whenever feasibleN/A 3.Provide signage for landmarks and commercial businesses in this area.N/A 4.Historic structures should be preserved whenever possible.Y 5.The City should provide appropriate incentivesfor historic restoration projects.N/A 6.Old growth trees should be preserved.N/A 7.Do not allow intrusion of commercial uses.Y 8.Encourage preservation of large, historic beach to Butler Ave. lots.N/A STAFF FINDING While there is no reductionof current setbacks there is additional setback encroachment vertically. The new structure would be larger than most of the surrounding homes. The lot is usable as currently developed. Staff does not support this variance request. This Staff Report was prepared by George Shaw. ATTACHMENTS A.Variance application(5 pages) B.Survey (1 page) C.Site Plan (1 page) D.SAGIS map (1 page) 2 STAFF REPORT PLANNING COMMISSION MEETING: February 8, 2016 CITY COUNCIL MEETING: March 10, 2016 th LOCATION: 8 13TerracePIN: 4-0007-05-033 APPLICANT:Emrich LLC.OWNER:Private Lending Properties LLC. EXISTING USE: Single family dwellingPROPOSED USE: Single family dwelling ZONING: R-2USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: BeachfrontNeighborhood APPLICATION:Minor subdivisionplat approval (Sec. 5-140) th PROPOSAL:The applicant isrequesting minor subdivision approval for a two lot subdivision on 13Terrace. The front lot will have frontage on Butler and the second lot will have frontage on an access easement. ANALYSIS:This subdivision would create two lots of a size suitable for a single family home. The will both have sufficient access and be served by City water and sewer service. Drainage plans will be required for each site plan submitted prior to any construction on these sites. The Comprehensive Plan describes the BeachfrontNeighborhood as follows: This area includes the neighborhood adjacent to the beach on the east side of Butler Avenue. It is defined by a mix of single family, duplex, and multifamily development. General characteristic of the area include old growth trees, on-street parking, wide streets, alleys, and public and private beach access. Comprehensive Plan –Community Character Area BeachfrontNeighborhood–Section 1.2.4 Meets Recommended Development StrategiesStrategy Y/N or N/A 1.New development, redevelopment and restoration should be consistent with existing character Yand N of the area in terms of mass, scale, use and density. 2.The pedestrian environment should be enhanced whenever feasibleN/A 3.Provide signage for landmarks and commercial businesses in this area.N/A 4.Historic structures should be preserved whenever possible.N/A 5.The City should provide appropriate incentives for historic restoration projects.N/A 6.Old growth trees should be preserved.N/A 7.Do not allow intrusion of commercial uses.N/A 8.Encourage preservation of large, historic beach to Butler Ave. lots.N 1 STAFF FINDING This subdivision plat meets all requirements for a minor subdivision. This Staff Report was prepared by George Shaw. ATTACHMENTS A.Subdivisionapplication(5pages) B.Survey (1 page) C.SAGIS map (1 page) 2 STAFF REPORT PLANNING COMMISSION MEETING: February 8, 2016 CITY COUNCIL MEETING: March 10, 2016 LOCATION: Memorial Park (PIN 4-0004-21-001) APPLICANT:City of Tybee IslandOWNER:City of Tybee Island EXISTING USE: ParkPROPOSED USE: New Restrooms ZONING: PCUSE PERMITTED BY RIGHT: No COMMUNITY CHARACTER MAP: Inland CottageNeighborhood APPLICATION:Special reviewSection 4-050 (I) PC public parks –conservation district. PROPOSAL:The applicant isrequesting to replace existing restrooms with new, slightly larger restrooms. ANALYSIS:This is a by right use in all parks except Memorial Park which requires special review. The proposed restrooms are intended to replace the existing restrooms which are in need of upgrading. They will sit in the same location as the existing restrooms.The proposed use is in keeping with the PC land use district. The purpose of this zoning district is to create an areas or areas to be conserved for public use, to preserve areas established by tradition and custom for public use, and to prevent development of these areas for other than approved public and/or municipal use. Permitted uses include parks-public, playgrounds, ballparks, and/or sports arenas, picnic facilities, public schools, public libraries, public parking and municipal buildings/structures, other public uses as approved by the governing body of the City. The proposed restrooms meet the applicable Recommended Development Strategiesoutlined in the Comprehensive Plan, Section 1.2.6,Inland CottageNeighborhood. Comprehensive Plan –Community Character Area Inland CottageNeighborhood–Section 1.2.6 Meets Recommended Development StrategiesStrategy Y/N or N/A 1.New development, redevelopment and restoration should be consistent with existing character Y of the area in terms of mass, scale, use and density. 2.Permit only compatible uses including low density residential, public/institutional, and low Y impact commercial 3.Develop and implement design and architectural standardsN/A 4.Historic structures should be restored and/or preserved whenever possible.N/A 5.The City should provide appropriate incentives for historic restoration projects.N/A 6.Implement streetscape improvement to improve the pedestrian/bicycle environment and N/A encourage safety and mobility. STAFF FINDING 1 Staff recognizesthe need for enlarged and upgraded restroomsto meet the demand. The use already exists in the park and is appropriate to the character area and the zoning district. Staff recommends approval for the enlarged and upgraded restrooms. This Staff Report was prepared by George Shaw. ATTACHMENTS A.Special Review application(5 pages) B.Description(1 page) C.Construction drawings(5page) D.SAGIS map (1 page) 2 STAFF REPORT PLANNING COMMISSION MEETING: December 21, 2015 CITY COUNCIL MEETING: January 14, 2014 thth LOCATION: 0 5Ave., corner of 5Ave. and Hwy. 80,parcel 4-0003-11-014 APPLICANT:Edward AlexanderOWNER:Greg Chu EXISTING USE: Vacant lotPROPOSED USE: Remote Controlcar track/park ZONING: C-2/R-1BPROPOSED ZONING:C-2/R-1B USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Arts, Eats, Eco-Business Corridor APPLICATION:Site plan review PROPOSAL:The applicant requests siteplan approval for a remote control(RC)car track and adjoining park. ANALYSIS:This property is a vacant lot that straddles two zoning districts, the C-2 district encompasses the front 2/3 of the parcel and the back 1/3 is zoned R-1B. The applicant intends to only have the allowable use of a public park on the R-1B section and have the RC tracks and associated uses on the front C-2 portion. The Comprehensive Plan describes the Arts, Eats, Eco-Business Corridorin which it lies as follows: This area functions as an activity center with a mix of neighborhood commercial use including shopping, crafts, restaurants, and eco-tourism. Comprehensive Plan –Community Character Area Arts, Eats, Eco-Business CorridorSec. 1.2.1 Meets Recommended Development StrategiesStrategy Y/N or N/A 1.New development, redevelopment, and restoration should be consistent with the existing Y character of the area in terms of mass, scale, use and density 2.Encourage commercial and mixed use infill development and redevelopment along Hwy. 80 Y commercial corridor 3.Down zoning within the Hwy 80 corridor should be discouragedN/A 4.Establish a set of standards for a maximum percentage of residential use on a per parcel basis N/A to encourage mixed use. 5.Enhance pedestrian movement through streetscape improvementsN/A 6.Allow for an appropriate mix of retail, residential, and tourism related uses consistent with Y the vision of the Plan. 7.Implement traffic calming measures and parking improvementsN/A 8.Establish noise and site buffer between the commercial uses and the adjacent residential N areas. 1 STAFF FINDING The park use is allowed in the R-1B district and the commercial use is allowed in the C-2 district. This use would expand our tourist relatedoptions on the island and enhance an underutilized parcel. A fence should be installed on the two sides of the R-1B portion to buffer the residential properties. No removal of oak trees should be allowed. At least 6 parking spaces and an eight bicycle rack must be shown on the property. The City may wish to waive some of the parking requirement due to the availability of public on street parking nearby. This Staff Report was prepared by George Shaw. ATTACHMENTS A.Site plan review application B.Site plans C.Property card D.SAGIS map 2