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Home My Public Portal About20160321_PC-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 AGENDA March 21, 2016–7:00 p.m. A. Call to Order: B. Consideration of Minutes: 1. Meeting ofFebruary 8, 2016 C. Disclosures/Recusal: D.Old Business: E. New Business: 1. Quit Claim –Request to purchase city property Dave & Martha Makel34 Van HornCity LanePIN 4-0002-01-012 2. Variance –consideration of second staircase Ingress/Egress for safety Victor Banks Sasser 1 Lighthouse LaneZone R-TPIN 4-0020-05-058 3. Discussion –City of Tybee C-2 Parking Suggestions Adjournment: 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 MINUTES February 8, 2016 Vice Chair Bishop called February 8, 2016 Tybee Island Planning Commission meeting to order. Commissioners present were Demery Bishop, Ron Bossick, Marianne Bramble, Tina Gann, John King, Charles Matlock and David McNaughton. Planning Commission Oath: Vice Chair Bishop turned the meeting over to Mayor pro tem Brown to administer theoath. Mayor Pro temBrown asked Commissioners Demery Bishop, Ron Bossick, Tina Gann and John King to stand and Commenced to administering the Planning Commission Oath for a two year term that will end January 31, 2018. Elections: Vice Chair Bishop then asked if there were nominations for Chair. Commissioner Bossick made a motion to nominate Commissioner Bishop for Chair, which was seconded by Commissioner Matlock;the vote for Chair was unanimous. Commissioner Matlock made a motion to nominate Commissioner Bossick for Vice Chairand was seconded by Commissioner McNaughton;the vote for Vice Chair was unanimous. Chair Bishop then welcomed new member and old to the Planning Commission. Consideration of Minutes: Chair Bishop asked for consideration of January 11, 2016 meeting Minutes. Commissioner Bramblemade a motion to approve the Minutes of January 11, 2016 and Commissioner Matlock seconded, the vote to approve was unanimous. Disclosures/Recusal: Commissioner Gann disclosed that she recognizes Mr. Grainger as a business associate of her fathers. Chair Bishop so noted the disclosure. Old Business: Chair Bishop asked staff if there was a date that the short term rental ordinance would go to Council and is it still in the ninety day period. Mr. Shaw stated that it is on the agenda for this week February 11, 2016. New Business: Site Plan Reviewand Special Review – consideration for new Memorial Park Restrooms Mr. Shaw approached the Commission statingthe City would like to update the Memorial Park Restrooms because they are very outdated and the new building will be larger with more room. The plans will need to be considered and the City Manager Diane Schleicher will answer questionsyou have. Commissioner Matlock asked if adrainage plan will be consideredfor this project. Mr. Shaw stated we require drainage plans for residential and commercial buildings, but the Architect was not asked to do a drainage plan and by my observation I don’t think we need one. City Manager Schleicherstated the drainage was upgraded a few years ago but if we find we need one we will have one done. Commissioner Bramblestated your addingfourmore stalls wouldn’t that be wiseto do a drainage plan. Commissioner Bishopstated under our current article A-100from a planning concern if there is a change doesn’t that mean it needs one and it is in AE zone shouldwe consider. Mr. Shaw stated it will be wet flood proofed and we will take a look at that to make sure there is no run off. Commissioner Bishop statedthe area will be larger. City Manager Schleicher statedit is not going to be impacting any other propertyin the area,but we will have that checked out by the City Engineer. City Manager Schleicher also stated that staff was caught off guard about the drainage planbecause Planning Commission had not requested a drainage plan for the Pavilion, the North Beach Restrooms or The Post Theater, so we will have comments from The City Engineerbefore it goes to council in March. Commissioner Bishop stated he would like that done to ensure no problems later. City Manager Schleicher also stated that the City does have an updated Survey of the Park and the Bathrooms that are there now are per 1980”s and Green line will be the architects who is doing the North Beach Restrooms, We will have a royalrestroom there while under construction. The Building may also slid a little to either side to accommodate where the sewer lineis and powerlines will come in by trenching with LED lamp. We will also bring it up to dateto with current FEMArequirements. Commissioner Bramble asked if they are using the existing slab. City Manager Schleicher stated yes we will be using the current slab. Commissioner Matlock askedMr. Shaw if the drainage plan can be waived. Mr. Shaw stated the City doesn’t have to build to private property standards but that mightbe wrong.Commissioner McNaughton stated that there is a state law that has been on the books for years that says a local government cannot excuse itself from anything that it requires of its citizens. Commissioner Bishop recommended that it be understood that the City would never waveanything that would affect the Citizens of this community. Commissioner Bramble made the motionfor approval with staff adding in drainage calculationstoCity Council packet.Commissioner Matlock seconded the motion and the vote to approve was unanimous. Variance – consideration of third story addition-Ken Grainger-3 Thirteenth Ln Mr. Shaw approached the Planning Commission and stated that the property at 3 thirteenth Lane is currently a nonconforminglotin regards to set-backs and wants to add athird floor and that floor will not expand any further in the setbacks, he also presented a slide show of the property, he will be going up within the existing footprint. Commissioner McNaughton asked do we know why it was built in setback before. Mr. Shaw stated he was not sure about that but thought that the set-backs and greenspace rules were probably not in place at the time it was built. Commissioner Bossick will the post go to ground. Mr. Shaw stated they will be adding post from the ground. Commissioner Matlock askedwhat will be thetotal height. Mr. Shaw stated it will not exceed the 35 foot height. Mr. Shaw stated that this applicant applied for this variance in January of 2014and it was approved but he let the permit expire so that is why he had to apply again. Commissioner Bossick asked ifthere has been a permit value on this project to consider the 50% rule. Mr. Shaw stated the permit fees were over $2,000.00 and they have been paidand that 50% rule will be looked at before the permit is issued again. Commissioner Bishop asked if the encroachments will go vertically and are there any other options. Mr. Shaw stated yes that is correct he will build vertically not any further horizontally and there are optionsthat would consider in the 50% rule. Mr.Ken Grainger approached the Planning Commissionand stated that he lives at 3 Thirteenth Lane and this is his full time residence and he needs to add onto his home. Mr. Grainger statedthere are ten houses on Thirteenth Lane 7 are zoned residential with a ten foot set-back and three including mineare zoned residential tourist which is a twenty foot set-back and that makes it nonconforming. Mr. Grainger also stated that he would just like to go up and not go out of the existing setbacks. Commissioner Kingasked if this will include the decks. Mr. Grainger stated it does include the decks, the problem is in the back of the house with the twenty foot setback. Commissioner McNaughton asked why not come out on the east side three feet instead of getting a variance. Mr. Grainger stated there is not enough room. Commissioner Bramble asked if there were two variances on this property since 2010. Mr. Grainger commented yes one for the stairwell and this one. Commissioner Gann has this lot always been zoned RT. Mr. Grainger stated I’mnot sure when it changed; I purchased the property in 2009. Commissioner Bossick made a motion to approve the Variance. Commissioner Matlockseconded. Voting in favor to approve were Commissioner Matlock,Commissioner King, Commissioner Bramble and Commissioner Bossick. Voting against were Commissioner McNaughton and Commissioner Gann. Voteto approve carried 4-2. TH Minor Subdivision – consideration of making one lot into two lots -8 13TER. EMRICH, LLC Mr. Shaw approached the PlanningCommission stating that the applicant wants to separate one lot to be able to build two houses. The lot has plenty of square footage to separate and also one lot will be slightly larger to save an old oak tree. Commissioner King asked if the oak tree was a cluster or a single tree. Mr. Shaw stated the applicant can explain that for you. Commissioner Bossick asked if the 65% rule was considered, and will there be any vegetation in that driveway easement. Mr. Shaw stated yes the 65% greenspace will be considered, and the driveway will not be all concrete. Mr. Gerrard approached the Planning Commission and stated he lives at 112 Brandywine Road in Savannah, Ga. And he is the representative for group Emrich properties who is developing this lot. We are trying to save a few oak trees on that property andthe access road will be what exists there now. The footprint will be minimal, no variances will be requested and we will followall rules. Commissioner Gann stated she appreciates this property owner of being mindful of saving the trees. Commissioner Bossick asked if there will be no variances asked for in the future. Mr. Gerrard answered we will not but someone in the future might. Commissioner Bossickasked if we should state that there will notbe any other variances allowed for those properties. Mr. Shaw stated that’s a legal question but he thinks future council cannot be held accountablefor something like that. Commissioner McNaughton made a motion to approve. Commissioner Bossickseconded. Vote to approve wasunanimous. th Ave. and Hwy 80 Site Plan Review – consideration of an RC Car track/Park – Ed – 5 Mr. Shaw approached the commission stating that the applicant wouldlike to develop a remote control car track park on this empty parcel that is uniquebecause of the way it startles 2 zoning districts theC2 and the R1B. The applicant intends to have the track on the C2 portion and the public park would have some picnictables. Mr. Shaw also stated that when this was first submitted it was hisunderstanding this would be allowable, but then he was informed by the City Manager and the assistant City attorneythat our ordinance states this is only to be for City run Parks and Recreations and he was also informed that the ordinance needs to be changed. It is not allowed by right without a text amendment change to include the RC tract. Commissioner McNaughton asked where that leavesus. Mr. Shaw stated this cannot get approvedwithout the change,we should not have approved this application but the applicant wants to argue a different point himself today. Commissioner Bishop asked staff so a text amendment would be required in order to move forwardand should we not vote. Mr. Shaw stated the Commission could vote on which interpretationof the ordinance should be believed the City Attorney or the applicant. Commissioner Bramble asked if talking will do the applicant any good.Commissioner Matlock stated they do not want to do this twice. Commissioner Bishop asked the Commission if they should table this or let the applicant speak. Commissioner Bramble stated theyshould open to the applicant. Commissioner McNaughton made a motion tolet applicant talk and then table till legalgrounds to consider. Commissioner Bossickseconded. Voting in favor to approve were Commissioner Bramble, Commissioner McNaughton, Commissioner Gann Commissioner King and Commissioner Bossick. Voting against was Commissioner Matlock. Vote to approve carried 5-1.Ms. Livingston and applicant Mr. Alexander approached the Commission and stated they are residents of st Tybee Island and live at801 1street. Ms. Livingston stated that they did not know about this dispute thing until around 3:30 this afternoon so they are not as prepared as they would like to be. And also stated theythink this is allowable because of the way it is written with the fact that the terms directly under the supervision of the City or owned by the City are not stated in the ordinance. The intent in section 1-030 on the LDC for the purpose it reads in part “the land developmentregulations in zoning districts are here and set forth and have been made for the purpose of promoting the public health, safety, morels, general well fair, convenience and prosperity of the citizens of the City”. Ms. Livingston went on to state that Mr. Alexander has talked with neighbors around the area they are very much for this and they are on a dead line to get this done before the season starts. Ms. Livingston also asked the Commission to please rethink this and look at the letter of the law. Mr. Alexander statedhe thought this would be something good for the City and all the cars will be electric not gasoline so they will not be as noisy. Commissioner Bramble stated as much as she agrees with the applicant that something is needed for 21 and under age on Tybee, but their hands are tied and it needs to go back to asking for a text amendment. Ms. Livingston stated that she understands but still thinks this fits in to the C2 districtand accordance with this.Ms. th Avenue and is a resident of Tybee Trina Brownapproached the Planning Commission and stated she lives at 11 5 Island and she just heard about this application from someone. Ms. Brown asked the staff if there were any notices or signs sent and isit posted on the website and what are the pros and cons of this type of project and she would like for the applicant to do more research on this type of project before he applies again. Mr. Shaw stated that we do make every effort to contact the public and he is sorry if she did not receive her letter yet. Mr. Jim marsh approached the Planning Commission and stated he lives at 9 North Avenue and he is a resident of Tybee Island. Mr. Marsh stated shares some of the same concerns as Ms. Brown and he stated there to many questions about this proposal and it should have never been put in front of you at this time and wasted your time if the City is not in a legal position to even act on it. We were not contacted and new nothing about it and the scope of the project has not been detailed, like parking. Commissioner King asked Staff if the issue is for the residential area or the R/C Park. Mr. Shaw stated it is for the R/C Park on the commercial use. Commissioner McNaughton made a motion to tableuntil there are legal grounds to move forward. Commissioner Bramble seconded. Vote to table was unanimous. Commissioner Bramble made the motion to adjourn. Commissioner King Seconded. Vote to adjourn was unanimous. Meeting adjourned at 9:00pm Project IDDescriptionNamePropertyStatusApplied DateIssued Date 160056SWIMMING POOL/RESIDENTIALV. & L HATCHETT & DOZI6 HORSEPEN PTOpen02/02/201602/02/2016 160057EXTEND ROOF OVER SCREEN DECKERIC THOMAS1213 US HIGHWAY 80Open02/02/201602/02/2016 160058REPLACE A/CJANE ALEXANDER7 VILLAGE PL AComplete02/03/201602/03/2016 160059REPLACE SIDINGDIANA C. KILLORIN1114 LAUREL AVEOpen02/03/201602/03/2016 160060STREET CUTMARG. & ROBERT BRANDEL16 THIRTEENTH STOpen02/03/201602/03/2016 160061INSTALL FENCEDONNA MEACHAM SMITH203 FIFTH AVE AOpen02/03/201602/03/2016 160062REPLACE WINDOWSHELEN HOSTI1104 JONESComplete02/03/201602/03/2016 160063NEW HVACALBERT GALE404 BUTLER 612Complete02/03/201602/03/2016 160064NEW ROOFJOHN C. & EDITH SCHMIDT706 SECOND AVE APTSComplete02/05/201602/05/2016 160065CELL TOWERT-MOBIL NINETEENTH ST PARKNGOpen02/05/201602/05/2016 160066REPAIR PORTION OF BEAMCAMILLE SILVA1075 BAY STOpen02/05/201602/05/2016 160067TENT 30X30NORTH BEACH BAR AND GRILL LLC33 MEDDIN DRComplete02/05/201602/05/2016 160068REPLACE WLAKWAY WITH PAVERSWENDY SHAMROE6 MEDDIN DROpen02/05/201602/05/2016 160069NEW A/CTIFFANY O'BRIEN32 VAN HORNComplete02/05/201602/05/2016 160070WOOD PATIO ON GROUNDKELLI LAWSON1228 SOLOMON AVEOpen02/05/201602/05/2016 160071REPAIR/REDO STAIRS/DECKBRANDY&WILLIAM TROUT1801 BUTLER AVEOpen02/05/201602/05/2016 160072TREE REMOVALMARIA SOLOMON907 MILLERComplete02/08/201602/08/2016 160073REPAIR/REPLACE ROOF & SIDINGRICHARD KAUTZMAN208 LOVELL AVEOpen02/10/201602/10/2016 160074REPLACE 5 POSTS ON PORCHPETER & THERESA BANNON19 OFFICERS ROWOpen02/10/201602/10/2016 160075REPAIR EXISTING DECKESTHER D. GUY2 CASON AVEOpen02/10/201602/10/2016 160076NEW RESIDENTIAL BLDGCHRIS KONCUL CONSTRUCTION. LLC207 FIFTH A&BOpen02/10/201602/10/2016 160077TREE REMOVALROSEWOOD INVESTMENTS, LLC6 ROSEWOOD AVEOpen02/11/201602/11/2016 160078TREE REMOVALCHRIS KONCUL CONSTRUCTION. LLC207 FIFTH A&BOpen02/11/201602/11/2016 160079INSTALL FENCERON ALTMANN1513 MILLER AVEComplete02/17/201602/17/2016 160080SCREEN PORCHSUSAN HUTTO1304 LOVELL AVEOpen02/17/201602/17/2016 160081NEW ROOFANITA SCHRIMSHER11 CAPTAIN'S VIEWOpen02/17/201602/17/2016 160082NEW ROOFANN PIERCE4 WATERSIDE WALKComplete02/17/201602/17/2016 160083REPLACE ELECTRONIC DOORSMICHAEL J. HOSTI1111 BUTLEROpen02/17/201602/17/2016 160084INSTALL FENCETYBEE LIGHTHOUSE32 MEDDIN DROpen02/17/201602/17/2016 160085INSTALL FENCEMICHAEL&MARIANN PAPPAS5 WILSON AVEOpen02/17/201602/17/2016 REPLACE FENCE/SIDING/DOORWILLIAM & SUZAN FRICKS1 CEDARWOODOpen02/17/201602/17/2016 160086 160087REPAIR RESIDENTIAL BLDGFORT SCREVEN TOWNHOUSES7 OCEANVIEW CORP CTOpen02/17/201602/17/2016 160088ELECTRICAL PERMIT/RESTROOMSCITY OF TYBEE1 14TH PARKING LOTComplete02/18/201602/18/2016 160089REPAIR RESIDENTIAL BLDGHEATHER BRYAN2 NINETEENTH STComplete02/18/201602/18/2016 160090REGRAVEL DRIVEWAYMELISSA L. WOLF401 MILLER LANE COpen02/19/201602/19/2016 160091TREE REMOVALKEVIN MCATEER1515 MILLER AVEOpen02/19/201602/19/2016 160092TREE REMOVALDONNA MEACHAM SMITH203 FIFTH AVE AComplete02/19/201602/19/2016 160093TREE REMOVALCRAFTON LANGLEY209 JONESOpen02/19/201602/19/2016 160094REPAIR SIDINGHAMILTON LANKFORD1415 MILLER AVEComplete02/19/201602/19/2016 160095REPAIR RESIDENTIAL BLDGPELICAN POINT ASSOC1705 STRAND 5&6Open02/19/201602/19/2016 160096REMOVE INTERIOR WALLLEE CONNOLLY24 VAN HORNOpen02/19/201602/19/2016 160097INSTALL FENCERIVERS END CAMPGROUND & CABIN5 FORT AVEOpen02/19/201602/19/2016 160098NEW ROOFMARYA PHILLIPS606 BUTLER AVEOpen02/22/201602/22/2016 160099METAL CARPORTMALLIE CLARK1610 SECOND AVEOpen02/22/201602/22/2016 160100NEW HEAT PUMPSLAUREN K. DAVIS1003 LOVELL AVEOpen02/22/201602/22/2016 160101BUILD NEW DECKMARIE BANGUILAN1406 SOLOMON AVEOpen02/22/201602/22/2016 160102ADD ROCK TO PARKING LOTAGNES YAO1511 BUTLER AVEOpen02/23/201602/23/2016 160103REPAIR SHEETROCKWALTER T CLARK III215 SECOND AVEOpen02/24/201602/24/2016 160104ELECTRICAL FOR NEW WELLPATRICK MATHEWS3 OLD HWY 80Open02/24/201602/24/2016 SWIMMING POOL/FENCE-RESIDENTLAMY GREEN707 SECOND AVEOpen02/24/201602/24/2016 160105 160106ELEVATOR ENCLOSUREROBERT A HANDELMAN1812 BUTLEROpen02/24/201602/24/2016 160107REPLACE HVACCHARLES WILLIAMS1007 BAY STComplete02/24/201602/24/2016 160108MECHANICAL PERMITKAREN KELLY1701 BUTLER AVEOpen02/24/201602/24/2016 160109METER BOXCITY OF TYBEE1 NORTH BEACH PARKINGComplete02/24/201602/24/2016 160110REPLACE DOOR/WINDOWLIGHTHOUSE CONDO ASSOC.85 VAN HORN 28BOpen02/25/201602/25/2016 160111REPAIR ROOFNANCY S. STROJNY406 TYBRISA STOpen02/25/201602/25/2016 160112WALKWAYPAVERSSTEPHEN/CONNIE STANLEY105 B S CAMPBELL AVEOpen02/26/201602/26/2016 160113REPLACE SLIDING DOORTIM&MARLENE CAIRNEY9 CARPENTER RDOpen02/26/201602/26/2016 160114INSTALL FENCEFRIENDS OF THE TYBEE THEATER10 VAN HORNOpen02/26/201602/26/2016 160115NEW ROOFANNE WHITNEY1310 FIFTH AVEComplete02/29/201602/29/2016 STAFF REPORT PLANNING COMMISSION MEETING: March 21, 2016 CITY COUNCIL MEETING: April 14, 2016 LOCATION: 34 Van Horn Ave.PIN: 4-0002-01-012 APPLICANT:Dave & Martha MakelOWNER:Dave & Martha Makel EXISTING USE: Empty lotPROPOSED USE:Combine with adjoining parcel ZONING: R-1USE PERMITTED BY RIGHT: N/A COMMUNITY CHARACTER MAP: North BeachNeighborhood APPLICATION:Quit Claim of City property PROPOSAL:The applicant isrequesting to acquire 0.06 acres (2,551 square feet) of City owned property. It appears that this parcel may have been part of a right of way. It currently is an irregular shaped parcel that connects to Van Horn Ave. but does not go all the way through the Makel’s parcel to reach Solomon Ave. ANALYSIS:This quit claim if approved would not take away a through right of way. The Comprehensive Plan does not address quit claims. STAFF FINDING City Council may accept the appraisal and sell this parcel to the Mackel’s; not accept the appraisal and negotiate another price for the parcel; or keep the parcel as City owned property. This Staff Report was prepared by George Shaw. ATTACHMENTS A.Appraisal B.Survey 1