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Home My Public Portal About20161219_PC_PACKET.pdfPLANNING COMMISSION Demery Bishop Ron Bossick Marianne Bramble Tina Gann John King Charles Matlock David McNaughton A. Call to Order: CITY MANAGER Diane Schleicher COMMUNITY DEVELOPMENT DIRECTOR George Shaw Planning Commission Meeting AGENDA December 19, 2016 — 7:00 p.m. for City Council Meeting January 12, 2017 — 7.-00 p.m. B. Consideration of Minutes: 1. Meeting of November 14, 2016 C. Disclosures/ Recusal: D. Old Business: E. New Business: 1. Minor Subdivision: 1113 Venetian Drive — combine 3 Lots and Subdivide into 2 Lots. Christopher & Melissa Freeman — Zone R-2 - PIN 4-0012-01-001 CITY ATTORNEY Edward M. Hughes 2. Text Amendment: To Sec. 3-090 Schedule of Development Regulations to address height limitations. Adjournment: Lisa L. 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alenlad 9TOZ/8T/TT 9TOZ/8T/TT alaldwoD 3AV 113AO1 60ST S)NVA UVA IVAOA321 33211 T6L09T 33x1 alenlad 9TOZ/8T/TT 9TOZ/8T/TT alaldwoD 1321f1vi 6001 a0`dJ ills IVAOA321 33211 06L09T 33x1 alenlad 9TOZ/81/TT 9TOZ/81/TT alaldwoD AVHiVHJ 10/-1 NVNN321s Hd3SOf IVAOA321 33211 6SL09T 1SNOJ alaAlad 9TOZ/0£/TT 9TOZ/0£/TT uadp ]311IA £OS IIVH 9f1O4 A]OlSAMI IdlVd3] Zb809T 1SNOJ alpAlad 9TOZ/0£/TT 9TOZ/0£/TT uadO 1311IA VTOS ddVS INIA M101SAMI blVd3b Tb809T 1SNOJ alpAIad 9TOZ/0£/TT 9TOZ/0£/TT uadO 15 H1N331313 VOZ NMINV/ IJ 3n31S A]OlSAMI blVd3b 6£809T 1SNOJ DJEAIad 9TOZ/0£/TT 9TOZ/0£/TT uadO 1S AVO 90£T HJNAI V31 S]OO4 ]OI131X3 3DVld3] 8£809T 1SNOJ alpAIad 9TOZ/0£/TT 9TOZ/0£/TT uadO ant/ NOSIIM S SVddVd l3VHJIA OliVd blVd321 3JN33 lIViSN1 L£809T alen!ad 9TOZ/0£/TT 9TOZ/0£/TT uadO 08 AMH sn TOTZ SM3HiVA ltld ]3AOSSO ID/ADOd 1IlVd3] 9£809T 1SNOJ alEAIad 9TOZ/0£/TT 9TOZ/0£/TT uad0 M31A SNIVidVD 89 NVDOH JI13 A]OlS-NOUDIdSNl lVDWiJ313 S£809T 33]1 alpAlad 9TOZ/0£/TT 9TOZ/0£/TT alaldwoD llllS3 LOZT IASIVDVb l NNVd IJ „3Nld 6T 3NO-IVAOA3] 33211 b£809T 1SNOJ alaAlad 9TOZ/0£/TT 9TOZ/0£/TT uadO 1S]OIAb'10£ 4101 N3llb A]OlSAMI'dlVdRl Z£809T 1SNOJ alaA!ad 9TOZ/0£/TT 9TOZ/0£/TT uadp IS3NOF 90ST )IJIM(IVHJ NMI I A]OlSAOO] 1l`ddRl T£809T PLANNING COMMISSION Demery Bishop Ron Bossick Marianne Bramble Tina Gann John King Charles Matlock David McNaughton Planning Commission Meeting MINUTES November 14, 2016 CITY MANAGER Diane Schleicher COMMUNITY DEVELOPMENT DIRECTOR George Shaw CITY ATTORNEY Edward M. Hughes Chair Bishop called the November 14, 2016 Tybee Island Planning Commission meeting to order. Commissioners present were: Demery Bishop, Ron Bossick, Marianne Bramble, David McNaughton, John King and Tina Gann. Commissioner Matlock was absent. Consideration of Minutes: Chair Bishop asked for consideration of October 17, 2016 meeting minutes. Commissioner Bramble made a motion to approve and Vice Chair Bossick seconded, the vote to approve was unanimous. Disclosures/ Recusal: Chair Bishop asked if there were any disclosures or recusals, there were none. Old Business: Text Amendment- to the Land Development Code to amend Sec. 3-080D to create a use table with parking requirements and adjust parking requirements. Additionally to amend Sec. 2-010 Definitions to add a definition of shopping center. Mr. Shaw approached the Commission and stated the last time this item was before this Commission there were a few comments that needed to be addressed before it came back. Mr. Shaw stated he believes he addressed them all. Item number 1 under D he put back and the use table with some other comments addressed, additional uses and the date to be inserted, also the definition of shopping center. Mr. Shaw also stated the last sentence under shopping center definition should have been stricken and he apologizes if it was not on their copies the sentence "the parcel is usually under single ownership or unified management'. Commissioner King stated he has a concern with the definition of shopping center being any two businesses including a restaurant concerning the number of parking spaces will be a lot less. Can the definition be changed so that it's the retail stores but serviced establishments are counted separately? Mr. Shaw stated the one thing that becomes an issue is if you build a strip center without a restaurant as business closes and a restaurant goes in you can say there is not enough parking and you can't have this use, it would be a difficult discussion to have. But with a restaurant space at in the beginning then there will be a better parking situation. Commission King asked what about increasing the numbered of business required to call it a shopping center like from two to three that would increase the parking. Mr. Shaw stated he does not have any objection on that. Commissioner McNaughton made a motion to approve as written and to exclude the last sentence under the definition of shopping center "the parcel is usually under single ownership or unified management'. Commissioner Gann seconded and the vote to approve was three to two the motion to approve carries. Adjournment: Commissioner Bramble made a motion to adjourn and Commissioner Gann seconded. Meeting adjourned 7:16pm. Lisa L. Schaaf CITY OF TYBEE ISLAND Fee l fig` SUBDIVISION OF LAND APPLICATION Major Subdivision $500 �C Minor Subdivision $125 4, Applicant's Name 1011kjSSi'0Plt-'EX FkFU "4 R4fL1,;S4 AX66Mf3M Address and location of subject property /// 3 yfi1Je7MAJ AfRI1167 PIN -1-- 00/2 " 0/— 00/ Applicant's Telephone Number Applicant's Mailing Address ///3 Lebe7l*V ri-W66 6W 3132F Brief description of the land development activity and use of the land thereafter to take place on the property: C01gd/,v16 3 /,0 7-S AA4 Jwdo/re/pE JAI 70 Z Lfiil'. X6 `p f7AGr'I J AG�`S� C1VZiX74/fr'6X f fV4A1 Property Owner's Name lV1SSA ,-j1et°R,01 Telephone Number Property Owner's Address 1113 J�ff 71'B6r, I► -1,X?Vpi 67.4 3/,72e Is Applicant the Property Owner? X Yes No If Applicant is the Property Owner, Proof of Ownership is attached: Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is attached hereto. Yes Current Zoning of Property R— 2 Current use ,TIA/ 666 AWY1 G4' RM Names and addresses of all adjacent property owners are attached: X Yes If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant must disclose the following: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action, and the date of each contribution; c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. Disclosure of Campaign Contributions form attached: X Yes Signature of Applicant /i—,? ? -/'E' Date NOTE: Other specific data is required for each type of Subdivision of Land. Fee Amount /�� ` dQ Check Nutpbr &7 Date /"7 :ity Official VOTE: This application must be accompanied by the following information: X 1 copy to scale, no smaller than 11 x 17, of the proposed subdivision with the building setback lines. At/�r 4 copies to scale, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. Aviv- The name(s) of all proposed new street(s) or private drive(s). 1 copy, no smaller than 11 x 17, of the existing tree survey and tree removal plan. The Planning Commission may require elevations or other engineering drawings covering the proposed subdivision. The Mayor and Council will not act upon a subdivision until the drainage and infrastructure plan has met the approval of the City's engineering consultant. The Applicant certifies that he/she has read the requirements for Major/Minor Subdivision and has provided the required information to the best of his/her ability in a truthful and honest manner. All new lots established within subdivisions shall conform to the lot area as set forth in the general provisions for each zoning district and the lot width shall be a minimum of 60 feet at the building line. Signature of applicant 11-4? ?-16' Date 10/22/2013 CITY OF TYBEE ISLAND CONFLICT OF INTEREST IN ZONING ACTIONS DISCLOSURE OF CAMPAIGN CONTRIBUTIONS Have you within the past two (2) years made campaign contributions or gave gifts having an aggregate value of $250.00 or more to a member of the City of Tybee Island Planning Commission, or Mayor and Council or any local government official who will be considering the rezoning application? YES NO X IF YES, PLEASE COMPLETE THE FOLLOWING SECTION: NAME OF GOVERNMENT OFFICIAL CONTRIBUTIONS OF $250.00 OR MORE GIFTS DATE OF OF $250.00 CONTRIBUTION OR MORE IF YOU WISH TO SPEAK CONCERNING THE ATTACHED REZONING APPLICATION, THIS FORM MUST BE FILED WITH THE ZONING ADMINISTRATOR FIVE (5) DAYS PRIOR TO PLANNING COMMISSION MEETING IF CAMPAIGN CONTRIBUTIONS OR GIFTS IN EXCESS OF $250.00 HAVE BEEN MADE TO ANY MEMBER OF THE PLANNING COMMISSION OR MAYOR AND COUNCIL. Signature Printed Name CWKISZ-O&LK FAT d; WT" Date 11-77-16' Sec. 5-130. Major subdivision plat procedure. It shall be the duty of the planning commission to inspect preliminary plans and to recommend approval or Disapproval of such plans. It shall be the duty of the planning commission to inspect final plats and the information submitted with such final plats, and to recommend approval of such final plats when the requirements of this article have been met and to recommend disapproval of such final plats when the requirements of this article have not been met. When the planning commission acts on a plat, it shall forward it to the mayor and council with its recommendations. (A) Action on preliminary plan. If the planning commission finds that the proposed design of the subdivision shown on the preliminary plan complies with the design requirements of these regulations, it shall recommend approval of such preliminary plan to the mayor and council. If the planning commission finds that the proposed design of the subdivision shown on the preliminary plan does not comply with the design requirements of these regulations, then the planning commission shall either recommend disapproval of such plan or shall recommend approval of such plan on the condition that specified violations are corrected prior to the submittal of the final plat. When the mayor and counsel disapprove of a preliminary plan, it shall give the developer the reasons for such disapproval in writing. Except where an extension of time is authorized by the applicant, the planning commission shall have up to 30 days from the date of the submission of a preliminary plan to act on such plan. Unless the planning commission makes a recommendation for approval or disapproval on an application within the 30 -day period, it shall be deemed that a recommendation of approval has been issued by the planning commission. The mayor and council, following review by the planning commission, shall hold a public hearing in accordance with the procedures applicable thereto. Following the public hearing, the mayor and council may approve, disapprove or require modifications to the subdivision plat. (B) When preliminary plan approved, work may proceed. When a developer receives approval of the preliminary plan showing the design of his proposed subdivision, he may proceed with the construction of the subdivision, such construction shall conform with the design submitted to and approved by the mayor and council. (C) Time limit on preliminary approval. The mayor and council's approval of a preliminary plan shall be valid for one year. If work has not started on a subdivision which has been granted preliminary plan approval on or before the end of this one-year period, then the plan of such subdivision shall be resubmitted for preliminary approval; provided, however, that this time may be extended unless changes have occurred in this article, or in the character of the property surrounding the property of the proposed subdivision which make it necessary to revise the design of the proposed subdivision as determined by the mayor and council. (D) Final plat. Before a plat of a subdivision is recorded with the clerk of the Superior Court of Chatham County and the lots thereon offered for sale, an original and four prints of a final plat showing the final design of the subdivision shall be submitted to the planning commission for review. Until a final plat of a subdivision has been submitted to and reviewed by the planning commission and approved and signed by the zoning administrator, mayor, and clerk of the city, the clerk of the Superior Court of Chatham County shall not record the plat of such subdivision, nor shall the owner or agent of such subdivision be authorized to transfer or sell any of the land within such subdivision by reference to a plat. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the planning commission. The original copy of the final plat shall be drawn on 18" x 24" sheets of Mylar reproducible material at a scale of not less than 200 feet to the inch. Where necessary, the final plat may be several sheets accompanied by an index sheet showing the entire subdivision. The final plat shall contain the following information: (1) Primary control points to which all dimensions, angles, bearings, and similar data on the plat shall be referred. (2) Tract boundary lines; right-of-way lines of streets; easements and other rights-of-way; property lines of all lots; and in all such cases with surveyed dimension, bearings or deflection angles, radii, arcs, and central angles of all curves shown. (3) Name and right-of-way width of each street or other right-of-way. (4) Location, dimensions, and purpose of any easement. (5) Number to identify each lot or site. (6) Purpose for which sites, other than residential lots, are dedicated or reserved. (7) Minimum building setback line on all lots and other sites. (8) Location and identification of monuments. (9) Names of record owners of adjoining unplatted land. (10) Reference to recorded subdivision plats of adjoining platted land by record name. (11) Certificate that all survey work was performed by a registered civil engineer or registered surveyor. (12) Statement by owner, on the plat, dedicating streets, rights-of-way, easements, and any sites for public use. This statement shall be signed by the owner, or his attorney as agent, and shall read as follows: All streets, rights-of-way, easements, and any sites for public use as noted on this plat are hereby dedicated for the use intended. (owner or attorney as agent) Such dedications must be formally and specifically accepted by the mayor and council of the city before such dedications shall be binding on the city. (13) Title, scale, north arrow, and date. (14) Key map showing the location of the subdivision in the city. (15) All plats shall show the expected limits of the 100 -year flood where appropriate. (16) Any further requirements as specified by O.C.G.A. § 15-6-67. [(E) Reserved.] (F) Certificate from county health department. If lots are to be served by neither public sewers nor public water, nor both then the final plat shall be accompanied by a certificate from the county health department certifying health department approval of the water supply system and/or waste disposal system to be used and health department approval of lot sizes and lot widths established in such subdivision. (G) Certificate from engineer. At the time the final plat is submitted, it shall be accompanied by a certificate from the developer's engineer certifying that the subdivider has complied with either of the following conditions: (1) All improvements have been installed in accord with the requirements of this article and the flood damage prevention provisions for the city (article 8 of this Land Development Code) and in accord with the design approved by the mayor and council on the preliminary plan; and (2) A bond, escrow account or certified check has been posted, which is available to the city, and in sufficient amount to assure the completion of all required improvements, as well as to assure the maintenance thereof for a period of not more than 12 months after completion. The mayor and council may reduce the bond or escrow account 50 percent at the end of six months. At the end of the second six months, the developer shall request an inspection, and if no faults or failures have developed, the mayor and council shall release the bond or escrow. Such bond or escrow shall remain in force until released by the mayor and council after due inspection of said improvements and shall not automatically expire at the end of 12 months. (H) Filing the final plat. The final plat shall be filed with the planning commission not less than 20 days prior to a regular meeting of the planning commission. (I) Action on final plat. If the planning commission finds that all the requirements of this section have been met, it shall recommend approval of the final plat and submit such plat to the mayor and council. If the planning commission finds that all the requirements of this section have not been met, and after deficiencies have been discussed and reviewed with the sponsor, and the sponsor given a period of time which shall not exceed 90 days to take corrective action, then the planning commission shall recommend disapproval of the final plat to the mayor and council and shall set forth its reasons for such recommendations in writing. Except where an extension of time is authorized [stipulated] by the applicant for final plat review, the planning commission shall have 30 days from the date of the submission of a final plat to submit its recommendations on such plat to the mayor and council. Unless such action is taken within such 30 -day period, then such plat shall be deemed to have received a recommendation for approval from the planning commission, and the mayor and council may take final action on such plat without waiting further for the recommendations of the planning commission. (1) When the final plat has been approved, the city shall present the final plat to the clerk of the Superior Court of Chatham County to be recorded. The zoning administrator shall provide the subdivider with the subdivision map book number and page number in which the subdivision has been recorded by the clerk of the superior court. The cost of such recording shall be paid by the subdivider and shall be deposited with the city clerk prior to such recording. (2) After the final plat of the subdivision has been recorded, then all lots shown on such subdivision may be made available for sale and such subdivision shall be entitled to all privileges and services available to other subdivisions within the city. (1) Revisions to recorded plat. if during the development process revisions must be made to either the preliminary or final plat as approved by the health department, engineer, planning commission or mayor and council, the following shall apply: (1) Major revisions. The subdivider shall file with the planning commission copies of the proposed revision to a recorded plat together with all supporting information as required by these regulations. Proposed revisions to a recorded plat which alter or change in any way the street and/or utility layout of said plat shall be submitted as a preliminary plan in accordance with subsection (A) of this section. (2) Minor revisions. Proposed revisions to a recorded plat which do not alter or change in any way the street and/or utility layout of said plat shall be submitted as follows: the subdivider shall file with the planning commission four copies of the original plat with all minor revisions shown in red. The plats shall be accompanied by a statement signed by all affected property owners acknowledging their awareness of and approval of the revisions. Proposed revisions shall be reviewed by the planning commission. Upon a finding that the revisions comply with ail applicable regulations, the revised plats shall be submitted to the mayor and council for approval. One copy of the approved plat shall be recorded and one copy shall be attached to the originally recorded plat as part of the public record. Sec. 5-140. Minor subdivision plat approval procedure. Minor subdivisions may be submitted as final plats, and shall comply with the requirements of these regulations, including minimum finished floor elevation requirements, with the following exceptions: (A) Setback and dead-end street regulations established in article 10 will not apply unless the streets' original development and the lots' original establishment was governed by this Land Development Code. Setback shall not be less than the average setback existing in the blocks on each end of the affected city block, in the street affected. (B) Topographic information shall be required. (Ord. No. 2003-21, 10-9-2003) (C) Only one benchmark shall be required. An existing accessible benchmark within 200 feet of petitioner's property, if shown on the plat, shall satisfy this requirement (D) A drainage plan with supporting calculations is required. The plan and calculations shall be prepared by a professional engineer licensed by the state to provide such services. (F) Provided that where a series of minor subdivisions are developed or proposed immediately adjacent to one another, the planning commission or mayor and council may require the developer to comply with the procedures for major subdivisions. (F) Residential lots having peculiar shape or topography may be approved utilizing private driveway access easements, provided the purpose and intent of these regulations are met. Such easements shall have a minimum width of 20 feet. The following notation shall be placed on the subdivision plat: "The private driveway access easement is hereby dedicated perpetually for use by the owners and residents of all lots within this subdivision and will not be maintained by the city." This provision will only be applicable to minor subdivisions. (G) Duplexes separated by a firewall that extends at least three feet above the roofline. (H) In the event the applicant has no present plans to construct on the property, an appropriate statement shall appear upon the plat to the effect that all drainage requirements must be met prior to the issuance of a building permit on any lot in the subdivision and that there will be compliance with article V, chapter 22 of the city Code except to the extent the requirements of that article may be inconsistent with this section. Sec. 5-150. Standards for subdivision proposals. (A) All subdivision proposals shall be consistent with the need to minimize flood damage. (B) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development. Sec. 7-035. Tree protection during plat and plan approval. During the subdivision plat approval process and also during the site plan approval process, the existing location of all significant trees shall be considered so as to preserve such trees unless no feasible alternative exists in order to make reasonable, beneficial economic use of the property. To be considered are the locations and the anticipated locations of drainage and utility structures, water and sewer lines, streets, sidewalks, driveways, final site contours, building footprints, and other impacts on existing significant trees. When no feasible alternative exists except to remove existing significant trees, their planned removal shall be noted on the plans, as well as the location, size and types of the trees planned to meet mitigation requirements as outlined in section 7-080. Sec. 3-090. Schedule of development regulations. A. Schedule of residential district dimensional requirements. Zoning Minimum Lot Area Minimum Yard Setback Maxii District (square feet) Distance (feet) Struc Heigr (feet — Single- Two- Multi Front Rear Side Family Family Family R-1 12,000 Not Not permitted 20 20 35 permitted �10 R-1-13 6,600 Not Not permitted 20 10 35 permitted �10 R-2 4,500 6,750 Not permitted 20 10 10 35 RT 7,000 8,000 8,000 buildable to 80% of the property 20 20 10 35 exclusive of the setbacks num :ure t In any residential district (R -I, R-1-13, R-2 and RT) where the average front setback distance for existing buildings on all lots located wholly or partly within 200 feet to each side of any lot, and within the same zoning district and fronting on the same side of the same street and on the same block as such lot, is less than the minimum setback required in such zoning district, the front setback on such lot may be less than the required setback but not less than the existing average setback distance for all lots within 200 feet to each side, provided that in no case shall the front setback on -iew construction be less than ten feet. When lots within 200 feet on each side are vacant such vacant lots shall be -onsidered as having the minimum required setback for the purpose of computing an average setback distance. When ;xisting structures on lots within 200 feet on each side exceed minimum front setback required in such zoning district, he required setback shall be used for the purpose of computing an average setback distance. See illustration and table for visual clarification. 200' 60' 90' 60' 60' 60' 60' _60' _ I I l !, l I ! side I street i I I I I I I 1 1 I Vacant R-2 lot w I I I 1 I I I I I I [ I I I 1 f ! I I A I B I C I D I E I F I G I A 18' A 18' B 20' B 20' C 16' C 16' E 14' E 16' F 20' F 20' G N/A G N/A 178: 10 = 17.8' front setback allowed on Lot D B. Schedule of other than residential districts (commercial, maritime & transitional business -residential) dimensional requirements*. `*Zone Minimum Front Rear (feet) Side (feet) Lot Area Yard (square feet) C- (Not applicable to 0 None required except 15 feet if None required except 15 feet if 1(A)*** allowed uses) bordering residential use. bordering residential use. C -1(B) (Not applicable to 8 6 5 allowed uses) C -1(C) 4,500 Single -Family 20 10 10 6,750 Two -Family 1,125 per unit Multi - Family C-2 (Not applicable to 10 6 6 Commercial uses) M -D (Not applicable to 20 10 10 allowed uses) TBR 4,500 Single -Family 20 10 10 6,750 Two -Family Maximum Structure Height (feet) 35 35 35 35 35 35 *When abutting public streets, any principal structure shall be located no nearer than five feet to that lot line. -Where a commercial establishment abuts a residential zoning, a suitable screen will be required. See section 3-160. This screen shall be either natural (planting) or manmade and shall be maintained in good order and approved by the Zoning Administrator. Minimum height is six feet. *** C -1(A) Retail uses and food/beverage service uses. C -1(B) Hotel and motel uses, with 80 percent maximum lot coverage. C -1(C) Residential uses, including single-family, two-family, and multi -family (triplexes, quadraplexes, townhomes, apartments, tourist homes, condominiums, timeshares, and similar uses), bed and breakfast uses, and public structures. C. Structures above 35 feet. If a variance is granted by the mayor and council for a building with a height in excess of 35 feet, in no event shall a building permit be granted without the following restrictions: (1) Structures greater than 35 feet in height shall be fully equipped with fire safe guards consisting of sprinkler systems, smoke detectors and any other fire protection measures deemed necessary at the time by the mayor and council. (2) Before a permit can be granted on said request, an affidavit of the builder and owner must be executed agreeing to same to be completed within an agreed upon reasonable time. ARTICLE 10. SUBDIVISION REGULATIONS Sec. 10-020. Authority. The mayor and council of the city, pursuant to the authority conferred by the provisions of the Georgia Code, annotated, do ordain and enact into law the following articles and sections. Sec. 10-030. Area embraced. The jurisdiction of this article shall be all that area within the corporate limits of the city. Sec. 10-040. Purpose. The various sections of this article are adopted for the following purposes, among others: (A) To help conserve and protect the natural, economic, and scenic resources of the city. (B) To help prevent and reduce the traffic congestion and traffic hazards which result from narrow or poorly aligned streets, and which result from excessive entrance and exit points along major traffic arteries. (C) To help eliminate the costly maintenance problems which develop when streets and lots are laid out without proper consideration being given to the drainage characteristics of the tract of land at the time the land is being subdivided into streets and lots. (D) To help prevent the spread of urban blight and slums. (E) To help ensure that residential lots will be of such design, area, and width as will prevent health and sanitation problems from developing in those subdivisions with lots to be served by individual water supply and waste disposal systems. (F) To help ensure that all building lots will be accessible to firefighting equipment, and other emergency and service vehicles. (G) To help protect the investments of the buyers of subdivision lots. (H) To help promote and protect the health, safety, prosperity, and welfare of the citizens of the city, and for other purposes. Sec. 10-050. Minor subdivisions. In the case of a minor subdivision which shall have lots fronting only on an existing, open, and public street and which does not require a new street and each new lot meets the minimum lot size requirements of section 3-090 for the current zoning district, the developer of such subdivision shall only be required to submit a final plat. Sec. 10-060. Variance. When a peculiar shape, or the topography of a tract of land, or other unusual condition, makes it impractical for a developer to comply with the literal interpretations of the design requirements of this article, the mayor and council, following a recommendation of the planning commission may approve variances to these regulations; provided, however, that in so doing, the intents and purposes of this article are not violated. For such a variance to be considered, the applicant must follow the variance requirements in section 5-090 as well as the subdivision approval procedures. Sec. 10-070, illegal land subdivision. Unless a subdivision hereafter established shall be designed, developed, and recorded in accordance with the provisions of this article, then: (A) The city shall not accept the dedication of any street within such subdivision, nor shall the city improve, maintain, grade, pave, or light any street within such subdivision unless such street or streets shall have received the status of public streets prior to the adoption of the ordinance from which this article is derived. (B) The city shall not assume any responsibility for drainage problems within such subdivision unless city -owned and maintained drainage structures already exist in such subdivisions. (C) The city shall not issue a building permit within such subdivision. (D) No unit of local government shall be authorized to extend any publicly operated service or utility into such subdivision. Sec. 10-080. Design standards. (A) Minimum design standards and improvements. In order that various purposes of this article may be accomplished, all subdivisions hereafter established shall be developed and improved in accordance with the minimum design standards set forth in this article. Provided, those parcels recorded prior to the effective date of these regulations which abut an unopened road shall not be developed until such road or portion thereof has been opened and paved according to city specifications or as certified to be paved in accordance with subsection (E) of these regulations. Final approval shall not be given a subdivision until all appropriate design standards have been met and until all appropriate required improvements have either been installed or an appropriate bond or certified check has been posted to secure the installation of such improvements. (B) Benchmarks. At least two benchmarks shall be established within a subdivision. Such benchmarks shall be at opposite corners of the property being subdivided. (C) Monuments. The subdivider shall provide stone or concrete monuments four inches in diameter or square, 30 inches long, with a flat top, which shall be set at each street corner, and at all points of curvature in each street. The top of the monument shall contain a metal pin or be scored with an indented cross to properly identify the location. The subdivider shall also provide all interior lot corners of subdivisions with concrete monuments, iron pins, or iron pipes. Iron pipes shall be at least one-half inch in diameter and 24 inches in length. (D) Streets. Except as hereinafter provided, all streets established in any subdivision shall comply with the following general provisions: (1) Continuation of existing street pattern. The arrangement of streets in a subdivision shall provide for the alignment with, or the continuation of the appropriate projection of existing principle streets in surrounding areas. (2) Street jogs. Street jogs or centerline offsets in the horizontal alignment of streets across intersection of less than 150 feet shall be prohibited. (3) Intersections. The centerline of no more than two streets shall intersect at any one point. Streets shall be laid out so as to intersect as nearly as possible at right angles and no streets shall intersect any other street at less than 60 degrees. Curved streets shall have a minimum tangent of 100 feet at intersection. (4) Streets intersecting with major arterials and secondary arterials. New street entrances on roads designated or classified as arterials shall be not less than 500 feet apart. However, the mayor and council may reduce these requirements whenever they determine that such action will not be contrary to the purpose of this article. (5) Subdivisions on arterial streets. Where a subdivision abuts or contains an existing or proposed arterial street, the mayor and council may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service lanes, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. (6) Minimum curb and street radius. The lot line radius at intersecting streets shall be not less than 20 feet. The centerline radius of all curvilinear streets shall be not less than 75 feet. (7) Permanent dead-end streets. Dead-end streets, designed to be such permanently, shall be provided at the closed end with a turnaround having an outside roadway diameter of not less than 80 feet, and a right-of-way diameter of not less than 100 feet. (8) Temporary dead-end streets. Temporary dead-end streets shall be provided with a temporary turnaround area which shall meet the requirements for design, maintenance, and removal as approved by the mayor and council. (9) Half streets. Half streets shall not be permitted within a subdivision. (10) Interior streets. Interior streets within subdivisions shall be so laid out and designed that their use by through traffic and speeding traffic will be discouraged. (11) Street names. All streets within a subdivision hereafter established shall be named. No name shall be used which will duplicate or be confused with existing street names. (12) Additional right-of-way. A proposed subdivision that includes a platted street that does not conform to the minimum right-of-way requirements of this article shall provide for the dedication of additional right-of-way required by ordinance. If the proposed subdivision abuts only one side of said street then a minimum of one-half of the required extra right-of-way shall be dedicated by such subdivision. (13) Street access to adjoining property. Whenever the mayor and council find that street access to adjoining property is needed, a street right-of-way shall be extended to the boundary of such property and such right-of-way shall be dedicated to the public as an unopened street. When such unopened street is required for access to property, then the developer of the property for which access is required shall be responsible for opening and improving the unopened street. (14) Street name markers. Street name markers which shall be constructed to city specifications shall be installed at all street intersections. (15) Major thoroughfare plan. When the major thoroughfare plan of the community shows proposed arterial streets and collector streets within a proposed subdivision, the subdivider shall design the street system within such subdivision to conform with the location and arrangement of such arterial streets and collector streets. (16) Sidewalk. Sidewalks may be installed on all major arterials for single-family and multi family residential, and on major and secondary arterials for commercial. (E) Street design and construction specifications. Except as hereinafter provided, all streets established in any siffidivision shall be designed and constructed in accordance with the following specifications: List of Specifications Type of Streets Arterial streets Collector streets Minor streets Marginal access street Private drives (1)Minimum right-of-way 60 ft. 60 ft. 60 ft. 40 ft. 20 ft. optional optional [(2)Reserved] (3)Width of shoulders (ditches) 8 ft. 8 ft. 8 ft. 8 ft. optional (4)Back slope (curb and gutter) 8 ft. 8 ft. 8 ft. 8 ft. optional (5a)Maximum slope of shoulders or back slope One inch for every one foot optional (5b)Minimum slope of shoulders or back slope One-half an inch per one foot optional (6)Pavement width 30 ft. 30 ft. 26 ft. 20 ft. optional (7)Percent base course or subbase compaction, modified proctor** 100%* 95%* 95%* 95%* optional (8)Type of paving Asphalt or concrete installed to city specifications. optional (9)Distance between reverse curves 100 ft. 100 ft. 100 ft. 100 ft. optional (10)Minimum street centerline elevation 7.5 ft. 7.5 ft. 7.5 ft. 7.5 ft. optional *Field density check tests shall be taken at the rate of one test per 1,500 square yards of paving. **Proctor tests shall be made from representative soil sands taken from the area to be paved. (11) Drainage. Developer's engineer shall certify that the subdivision will drain adequately. Additional right-of-way for roadside ditches may be required when needed. In addition, all subdivisions and all expansions of old subdivisions shall be provided with drainage structures sufficient to accommodate a ten-year storm with immediate runoff; with outfall drainage and structures sufficient to accommodate a 50 -year storm flood. (12) Storm drainage structures. No storm drainage system shall be allowed to discharge on the beach. (13) Sidewalks. All sidewalks are to be made of Portland cement concrete and meet or exceed the following lengths: a. Single-family. four feet, four inches (not required on minor or private streets). b. Multi family. six feet, four inches. c. Commercial. eight feet, four inches. Notwithstanding any other specifications for streets contained in this subsection, any minor subdivisions which propose to have a private drive shall require a private drive of at least 20 feet in width. Major subdivisions which have marginal city streets must have a minimum right-of-way of 40 feet and an 80 foot cul-de-sac shall be required except on through streets. On subdivisions of nine or more lots there shall be a minor city street required of a 60 -foot right-of-way with an 80 -foot cul-de-sac on nonthrough streets. Subdivisions may not be staggered or developed in such a way so as to avniri jr reduce the requirements of this provision. F) Lots, All lots which shall hereafter be established within a subdivision shall comply with the following design ;tandards: 1) Street access. Each lot shall abut on a public street or a private street which shall be dedicated as a public street :hat conforms to the design requirements of this article. However, a single-family lot which does not abut a public street nay be served by a perpetual privately maintained drive. :2) Lot lines. Side lot lines shall be as nearly as practical at right angles to straight street lines and radial to curved Street lines. ;3) Corner lots. Corner lots for residential use shall be provided with sufficient width and depth to permit the :stablishment of front yard building setback lines from both streets. ,4) Double frontage lots. Double frontage lots shall only be permitted where it shall be found necessary to separate a development from major arterials or to overcome specific disadvantages of topography and orientation. (5) Residential lots in floodplain. Residential subdivision lots shall be prohibited within floodplain areas where the cost of providing governmental services in the area would pose an unreasonable economic burden. (6) Width and area requirements. Lots hereafter established within subdivisions shall conform to the lot area as set forth in the general provisions for each zoning district and the lot width shall be a minimum of 60 feet at the building line. (G) Blocks, All blocks hereafter established within a subdivision shall conform to the following design standards. In order that there may be convenient access between various parts of a subdivision and between the subdivision and surrounding areas and in order to help prevent traffic congestion and traffic hazards, the length of blocks hereafter established shall not exceed 1,800 feet. (H) Easement. The following kinds of easements shall be required within subdivisions: (1) Utility easements. Public utility easements shall be provided where necessary. Such easements shall be not less than 15 feet in width and shall be centered on side or rear property lines when possible. The location, elevation and construction of all public utilities and facilities, such as sewer, gas, electrical and water systems and streets, shall be in such a manner as to minimize or eliminate damage by flooding. (2) Drainage. Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way which shall conform substantially with the lines of such watercourse, drainageway, channel, or stream or shall be of such additional width or construction, or both, as will be adequate for the purpose. (3) Maintenance easement. Where a drainage canal is such size that it requires mechanical means for cleaning, such as a dragline, there shall be a 12 -foot access easement on either side of such canal for access purposes. (I) Water supply and sanitary sewage. Water,and sewage facilities shall conform to the following requirements: (1) Public water and public sewer. When feasible every portion of a subdivision shall be served by public water; when feasible, as determined by the mayor and council, every portion of a subdivision shall be served by a sanitary sewer system. All such systems shall be designed to preclude infiltration of floodwater into the system and discharges from the system into floodwater. (2) Private water and private sewerage. Where either public water or public sewers or both are not available to a subdivision as determined by the mayor and council and a subdivider shall decide to establish a private water supply system and a private sewer system, then the plans and specifications for such private water system and sewer shall be so located as to avoid impairment of them, or contamination from them, during times of flooding. (3) Publicly owned water and sewer systems. Water and sewer systems must be constructed in accordance with Chatham County Health Department specifications; sewer systems must connect to an existing publicly owned treatment plant, where practical, and both water and sewer systems and trunk lines shall be conveyed to the city. (J) Preservation of noteworthy features. (1) In all subdivisions, to the maximum degree reasonably practicable, efforts shall be made to preserve historic sites, scenic points, large trees and other desirable natural growths, watercourses and other water areas, and other features worthy of preservation, either as portions of public sites and open spaces, or in such other forms as to provide amenity to the neighborhood. (2) Large trees or other desirable natural growths located in public or private street rights-of-way or public or private easements shall not be removed unless such removal is necessary for the installation of utilities or drainage structures or for other purposes in the public interest and approved by the mayor and council, (3) Such removal may be prohibited if the amenity of adjacent property or the amenity of the general neighborhood is adversely affected. .�� STAFF REPORT PLANNING COMMISSION MEETING: November 18, 2014 CITY COUNCIL MEETING: December 11, 2014 �p'+Znn+��• LOCATION: 1113 & 1.1.15 Venetian Dr. PINS: 4-0012-01-001. APPLICANT: Christopher & Melissa Freeman OWNERS: same EXISTING USE: single-family & vacant lot PROPOSED USE: same ZONING: R-2 USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: Marshfront Neighborhood APPLICATION: Minor Subdivision PROPOSAL: The applicants request to combine their three lots into one lot, and then divide that lot into two lots. ANALYSIS: The owners of the subject property on Venetian Drive finalized possession during March 2014. The property consists of three lots of record (Part of Lot 2, Lot 3, and Lot 4). The applicants reside in the existing single-family home at 1113 Venetian Drive located on Lots 3 and 4. A vacant lot with the Itgal description Part of Lot 2 is addressed 1115 Venetian Drive. The request is to reconfigure the land into two lots, Lot A and Lot B. The property is zoned R-2, One- and Two-family Residential. Minimum lot sizes for R-2 are 4,50() square feet for single-family and 6,750 square feet for two-family [Section 3-090(A)]. The proposed plat would create Lot A. It contains the single-family home and the lot size would exceed the square footage required for a duplex lot. Vacant Lot B which would be of a size allowing a single-family home only. The building setbacks for R-2 zoned lots are 20 -feet on the front, and 10 -feet on the rear and sides. The existing single-family dwelling built in 1487 is nonconforming on the front with a 19.8 -foot setback. The proposed plat demonstrates the rear and side setbacks of this structure would be exceeded. The existing vacant lot of record described as Part of Lot 2 is 45 -feet wide. The parcel would be 10 -feet wider if the proposed plat is approved. Land Development Code Section 10-080(F)(6) requires a 60 -foot of width: (6) Width and area requirements. Lots hereafter established within subdivisions shall conform to the lot area as set forth in the genera I provisions for each zoning district and the lot width shall be a minimum of 60 feet at the building line. The proposed 55 -foot wide Lot B does not meet the 60 -foot wide standard. It is possible to create a 60 -foot wide Lot B by shifting the new lot line to the north 5 -feet more. This shift would not create a side setback encroachment for the existing structure on proposed Lot A. The 60 -foot wide Lot B would result in a lot that exceeds the 6,750 square foot minimum lot size for construction of a duplex. The applicants request to improve the width of the existing vacant lot without creating a duplex lot_ Removal of the lot line bisecting the existing dwelling is a desirable outcome of the proposed recombination plat. If this request is granted, the applicant is aware there is a 60 -day limit from the date of approval to record it with Chatham County [Section 5-140(1)]. The neighborhood of this property is light residential. The Marshfront Neighborhood as described in the Comprehensive Plan follows: These neighborhoods are fronted by coastal marshlands and contain a wide mix of new and old residential development and a sporadic mix of commercial properties. Coastal marshlands surround these areas and many lots contain access to the water via tidal creeks. The surrounding marsh provider scenic views, natural resources, a recreational amenity, and dock access to the water. Due to the close proximity of marshland and local waterways, land use and protection of natural resources requires special consideration in these neighborhoods. The nature of existing zoning classifications has preserved some undeveloped land within these areas. Below are the seven Recommended Development Strategies outlined in the Comprehensive Plan for the Marshfront Neighborhood Character Area. The proposed lot reconfirmation meets the applicable strategics. Comprehensive Plan — Community Character Area Marshfront Neighborhood — Section 1.2.3 1 Meets I Recommended Development Strategies Strategy YIN or NIA 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 uses compatible with the character of the area. 3. Permit only uses that will not adversely impact the marsh environment. Y 4. Establish and enforce marsh buffer standards within this area, and identify uses that will be Y allowed within the buffer and those that will be prohibited. 5. Tree preservation should be prioritized to protect the scenic and habitat value of this area. Y 6. Encourage land uses, through clearly defined guidelines, that protect against stornwater pollution including: xeriscape landscaping, pervious surfaces, and erosion and sedimentation N/A control. ~Y 7. Limit housing density, size, and height within this area through zoning. _� Based on the Flood Insurance Rate Map (FIRM) of 09126/408 this property is within Flood Zone AE with a Base Flood Elevation 12. The DNR marsh jurisdictional line was flagged 02/25/2014 and it has not expired. STAFF FINDING Staff finds the proposed two lots are in keeping with the Character Area of the Comprehensive Plan. Although the resulting width of proposed Lot B is 5 -foot less than the required 60 -foot, it improves the width for the existing lot of record by 10 -feet. The resulting lot size would allow a single-family dwelling only. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Application (2 pages) B. Narrative from applicants (8 pages) C. GIS maps (1 page) D. Photographs of existing conditions (1 page) E. Current & proposed lots, exhibit by staff (1 page) F. Plat (1 page) 2 JOINT TENANCY WITH RIGHT OF SURVIVOR51UP WARRANTY DEED STATE OF GEORGIA, COUNTY OF Effingham Pae #: 0082-24 This Indenture made this 12th day of March, 2014 between Selton D. Morrow, Jr. and Sill Suzanne Morrow, of the County of Effingham, State of Georgia, as patty or panics of the first part, hoxeiiaaaiter called Grantor, and Christopher W. Freeman and Melissa Freeman, as joint tenants with right of survivorship and not as tenants in common as parties of she second part, hereinafter called Grantees (the words "Grantor" and "Granteos" to include their respective hairs, successors and assigns where the context requires or permits). W I T N E S S E T H that: Grantor, for and iu oonsideration of the sum of TEN AND 00/100'S (510.00) Dollars and other good and valuable considerations in hand paid at and before the sealing and delivery of these presents, the receipts whereof is hereby acknowledged, has granted, bargained, sold, allcncd, conveyed and oonfc'med, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said Grantees, as joint tenants with right of survivorship and not as tonants-in common, for and during their joint lives, and upon the death of either of them, then to the survivor of thern, in fee simple, together with every contingent remainder and right of rovorsion, and to the heirs and assigns of said survivor, the foiiowrsrg described property; SEE EXHXBIT "AfD ATTACF D HERETO AND MADE A PART HEREOF TWS CONVEYANCE is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights, members and appurteruartces thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoove of the said Grantees, as joint tc;=ts with right of survivorship and not as tenants in common, for and during their joint lives, and upon the death of either of them, then to the survivor of them in FEE SIMPLE, together with every contingent remainder and right of reversion, and to the heirs and assigns of said survivor. TMS CONVEYANCE is made pursuant to Official Code of Georgia Section 44-6-190, and it is the intention of the parties hereto to hereby create in Grantees a joint tenancy estate with right of survivorship and not as tenants in common. AND THE SAJD Grantor will warrant and forever defend the right and title to the above described property unto the said Granter against the claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has heroucto set grantors hand and seal this day and year fust above written. Signed, stated and delivered in the presence of i i t• i � WM r V r uck#: 1589464 'FOCI �' ' RECORD 3/14/2014 Ost51a.h) PAID: 12.00 Danibl W. Massey, Clerk Supa_rior Court of Cha,than, Cou.ni:y coo Cham County, Georgia C4 . tCl Reel Estate 'fr•a.nfar Tax � C C PR10 s*750.0Q Return Recorded Dotumext to: CardNs & NewberryP.C. 40 Silyovood Centre Drive Far Clerk of SjAperior Co�1.rt CO Pot Qtttcc Box 2599 mocon, GeortLx 3026 D - rn JOINT TENANCY WITH RIGHT OF SURVIVOR51UP WARRANTY DEED STATE OF GEORGIA, COUNTY OF Effingham Pae #: 0082-24 This Indenture made this 12th day of March, 2014 between Selton D. Morrow, Jr. and Sill Suzanne Morrow, of the County of Effingham, State of Georgia, as patty or panics of the first part, hoxeiiaaaiter called Grantor, and Christopher W. Freeman and Melissa Freeman, as joint tenants with right of survivorship and not as tenants in common as parties of she second part, hereinafter called Grantees (the words "Grantor" and "Granteos" to include their respective hairs, successors and assigns where the context requires or permits). W I T N E S S E T H that: Grantor, for and iu oonsideration of the sum of TEN AND 00/100'S (510.00) Dollars and other good and valuable considerations in hand paid at and before the sealing and delivery of these presents, the receipts whereof is hereby acknowledged, has granted, bargained, sold, allcncd, conveyed and oonfc'med, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said Grantees, as joint tenants with right of survivorship and not as tonants-in common, for and during their joint lives, and upon the death of either of them, then to the survivor of thern, in fee simple, together with every contingent remainder and right of rovorsion, and to the heirs and assigns of said survivor, the foiiowrsrg described property; SEE EXHXBIT "AfD ATTACF D HERETO AND MADE A PART HEREOF TWS CONVEYANCE is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights, members and appurteruartces thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoove of the said Grantees, as joint tc;=ts with right of survivorship and not as tenants in common, for and during their joint lives, and upon the death of either of them, then to the survivor of them in FEE SIMPLE, together with every contingent remainder and right of reversion, and to the heirs and assigns of said survivor. TMS CONVEYANCE is made pursuant to Official Code of Georgia Section 44-6-190, and it is the intention of the parties hereto to hereby create in Grantees a joint tenancy estate with right of survivorship and not as tenants in common. AND THE SAJD Grantor will warrant and forever defend the right and title to the above described property unto the said Granter against the claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has heroucto set grantors hand and seal this day and year fust above written. Signed, stated and delivered in the presence of i i t• i � WM r V r 0 .0 E+ KBIT uA" All those certain lots, tracts or parcels of land situate, lying and being in the Town of Tybee Island, Chatham County, Georgia, being known as the Northern Forty -Four and One ):-calf (44.50') Feet of Lot 2, and all of Lots 3 and 4 of a Subdivision of Lot Letter "z", Ward 3, Tybee Island, Georgia, as shown and more particularly described on, that certain map or plan of said subdivision made by M.F. Smith, C.E., dated June, 1932, recorded in Map Book 2, Folio 267; and also described on that certain map or plan of said subdivision made by Bert B. Barrett, dated October 5, 1982, recorded in Flat Record Book 4-P, Folio 74, in the records of the Clerk of Superior Court of Chatham County, Georgia. For a more particular description reference is hereby made to the aforesaid plats, which are specifically incorporated herein and made a part hereof. This being the same property conveyed by Executrix's Deed from Jill Suzame Morrow, Executrix of Estate of Remick T. Painter, Jr. to Jill Suzanne Morrow., dated .April 16, 2010, recorded in Deed Book 360 J, page 424, and that certain Deed of Gift from Jill Suzanne Morrow to Selton D. Morrow, Jr. conveying 112 Undivided Interest, dated October 21, 2011, recorded in Deed Book 373 B, page 384, aforesaid records. 1113 Venetian Drive Adjacent Property Owners John and Claire Wells Property Address 1117 Venetian Drive Tybee Island, GA 31328 Mailing Address 628 Walton Way Macon, GA 31204 Thomas and Jennifer Sheehan Property Address 1111 Venetian Drive Tybee Island, GA 31328 Mailing Address 142 Habersham Street Savannah, GA 31401 1113 Venetian Drive Subdivision of Land Application This is the second time that this proposed minor subdivision will go before the Tybee Island Planning Commission and City Council. The first time it was presented it was approved by both the Planning Commission and City Council at their meetings that were held on November 18th, 2014 and December 111h, 2014. After it was approved in December of 2014 the applicants had 60 days to record the new subdivision with Chatham County. The applicants chose not to record it with Chatham County within 60 days because of an unanticipated problem when filing for their Stephens -Day Exemption in January of 2015. The applicants had purchased the entire property in March of 2014 and had planned on filing for their Stephens -Day Exemption in January of 2015 so it would be in effect for the 2015 tax year. According to the Chatham County Tax Assessors office if the approved subdivision was recorded in January of 2015 then the applicants would not be able to file for their Stephens -Day Exemption until 2016. The applicants wanted to file for their Stephens -Day Exemption in 2015 so as a result the subdivision was not recorded within 60 days of approval by City Council. This is why the proposed minor subdivision is being presented a second time and if approved the applicants will definitely record the subdivision with Chatham County within 60 days. What follows is the original description of the proposed subdivision that was presented for approval back in 2014. The proposed subdivision would recombine 3 existing lots of record and then split the combined property into 2 new lots (please see the proposed plat and previous survey attachments A and B). Currently the 3 lots have a combined 18,178 square feet of high ground. The 2 new lots would be a 6,300 square foot buildable vacant lot and an 11,878 square foot lot with an existing single family home. The applicants currently reside in the single family home on the property. It is the applicants' understanding that they could split off 1 of the 3 lots without having to get approval since it is already a lot of record and the existing single family home is only located on the other 2 lots. The lot could be split off by filing a new plat at the Chatham County courthouse that would then result in a separate PIN being assigned to it. The lot that could be split off without a new subdivision application is 44.5 feet wide by an average of 110 feet deep. The lot would meet the 4,500 square foot minimum required by the City of Tybee for a single family house in R- 2, but would require building a house with a maximum width of 24.5 feet in order to meet the 10 foot side setbacks. The applicants would prefer to recombine the 3 lots and add 10.5 feet to the 44.5 foot lot resulting in a new lot that is 55 feet wide by an average of 115 feet deep. This would create a lot the same width as the lot to the South with an existing single family home and would allow a new home to be built that is 35 feet wide. The proposed new buildable lot, identified as Lot B on the attached survey, does not meet the City of Tybee 60 foot minimum width requirement for new lots within a subdivision. The applicants would like this application to be approved with a 55 foot wide lot instead of the required 60 foot width for the reasons outlined below. • Proposed Buildable Lot at 6,300 Sq. Ft. is 40% Larger than the Minimum 4,500 Sq. Ft. Required for a Single Family Residence in R-2 Zoning • Proposed Buildable Lot with 55 Foot Width x 115 Foot Average Depth is the Same Size or Larger than the Majority of Lots of Record in Area Bordered by 12th Street to the North, Jones Avenue to the East and Chatham Avenue to the West; Please See Attachments C and D Showing the Original Lots of Record from 1929 Where interior Lots Are 53 Feet x 110 Feet and Corner Lots Are 54.5 Feet x 110 Feet. • Proposed Buildable Lot at 6,300 Sq. Ft. is Less than the 6,750 Sq. Ft. Required for a Two Family (Duplex) Residence; If Buildable Lot Had a 60 Foot Width, then Lot Would Meet Requirement for a Two Family Residence Which is Not Desirable to Applicants Next Door and Is Not In Keeping With Other Houses in the Neighborhood; Please See Attachment E Showing Examples of Large Two Family Residences Built in the Last Few Years • Proposed Buildable Lot with 55 Foot Width is the Same Width as the Lot Next Door with a Nice Single Family Home On It • 55 Foot x 115 Foot Lot Is Sufficiently Large and Well Suited to Build a Classic Tybee Raised Cottage; Please See Attachment F Showing Pictures of Houses Built in the Last 20 Years on the Same or Smaller Size Lots that are Either 53 x 110 Feet or 55 x 110 Feet N XT7x-/YoH/Xh�-/V7 v,ff N 6 Trl4 ,V 1,1 c e r _. .4 covetOC4 ti � sT0,C.46�A�o 6 � � � • - _ SU.tY�y ris LJ.tif o.f : is. 5"N ! 7' as -50' oeo oNC t7O.cy 1 Cova.O,Corx R.FS�D�fVCC --- --- 3 /9' •- 30 ' 1'V Pf"/. L- 0. UAIV,4M60 17- TQ E & T /✓� •e/r1S/ r44r2W -4AIlrN 44TeP ✓6�W /f -Pg $TATE Of GEORGLA �Eca[DEP r�-d- !. c. e-Rpcocp CHAT?iAM COUNTY I'L A T 0f LOT 3, 4 AW 711E W0,L 1WeRAI L 07 2, 0f A XEi'CAr Ovr z 07' Z.6TTere Z , lf/A.Q-0 3 , 7"Y,65E6- /51AAVp, OeLIR 6/4. FoR: REKIRIC,- 7Wel-P PAINTC-2r Sr MARTHA 6UzAi>Er9 PAINTER.. DATE OCTDBE.e 9, 173t y.f'Irf SCALE /' _ .30 " L.O.C. FIELD lZ/Vf +• • O " 3D ' G �ERRQNFO,NT tia :2� ADJ. M€TH'00 E.O.C. PLAT BARRETT LAND SMEYIN4. INC. jr, T 541 ✓ ``,per+*., �,•'` �,`� APG SAVANNAH, GEOR4tA I.DJL 11 VIL IkIA 657- 1r 'r •'�' }at of r +T.bA r •i Ih 1 p.riioK •f NCI ,{ �h �ilL .� ti c sTOWN'of TyaEc, ,tORGt A, 1411 c I['ll, Siru.is .1d 2.i A--5. a •...y _ + (° 4 'T6,. W. •e«rd, 1. Zhu Map (l.+s bae r - bead 1. ' .: 41 t• r•nf•rm +r:Ih }ti. •r. int.} I.n a Ld ENC' 10[c H[� .nd 11.[ a.�itn ai• s eba �<d c<.. a, Kgly ,. . �711rr rn�er�el.q„ .+[ iku tear •i1•in•d �rrp mai dtlir.d '�i ryi l tuna [ l�17, by Percy Sudsn,r£, Pra Bred fa. 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Nrcrruc :d 1 ••• a d S e 6 e s e e • i s.• tl F A• A J I A A A A F - g ` t {] A A A f A A t, A A A A A F• tl s tl •• O A • ♦•• tl P A tl II Sccand Arrn✓c { �) First a°1E frr f% G11 aL Fit��Oik�ie 1. 6 'er6e- zoV' t -;F 7-*AV,4�10VCZ x!164,IIa6) A -S- 53 Fe, -E7 x //0 /Z-6577 �107J- 10ve 1 � � .. 1 4 c k re �X cox4j2 G 0 T J- lZ� o T,,1' 5X d T 6� /446' 670 F-567 X 78" 9 r256-11 -, - EwsT lJ all puoaes +,Xj� k }x x r x x x k-Yk x' X k x x x X k r# k k S X k •a�� f/ .p �" pst�yl. y XI.t x y r x r i T x x 3 x IK� r r f'A 'b C' x IK� rY� r} �.r. y X X r r f'A 'b C' Attachment E Examples of Large Duplexes That Could Potentially Be Built On Vacant Lot If Width Was 60 Feet and Lot Size Was 6,900 Square Feet Duplex Above is on 5th Avenue Between 15t1 Street and Tybrisia Duplex Above is on Chatham Avenue Near Jones Avenue and 17th Street Attachment F Examples of Nice Single Family Homes on Tybee with Lots 53 Feet or 55 Feet Wide 1315 Fifth Avenue 1518 Fifth Avenue 1413 Sixth Avenue iil rrlIIIII �t�j�ii ! ' lilttflli r 1316 Fifth Avenue 1410 Miller Avenue 1415 Miller Avenue CITY OF TYBEE ISLAND Fee SUBDIVYSYON OF LAND APPLICATION Major Subdivision $500 X- -MinorSubdivision$125 Applicant's Name CIST(JP7I /`%G�N91i /'''�CG1��1%' F%��I�ij�ltl Address and location of subject property ii% ��✓71X;4-,l PIN 'g _d��'/`� a� Applicant's Telephone Number Applicant's Mailing Address // /3 0VG !1Ai'til Vi d,%Ye0'rS€ AA✓ 1 , -X 313Z6) Brief description of the land development activity and use of the land thereafter to take place on the property: /e'-664,61iV 0 1-07,1' ,411e J-g'&0iWClC 11VTOZ /-,9T,3, -66 R7"�i4C:h'��/r✓fi� Property Owner's Name Telephone Number Property Owner's Address /t✓1�1fIi� 11f �� F'��i)t/'` �/7 j� Is Applicant the Property Owner? �(` Yes No If Applicant is the Property Owner, Proof of Ownership is attached: - Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is attached hereto. Yes Current Zoning of Property Current Use Names and addresses of all adjacent property owners are attached: _X_ Yes IF within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant must disclose the following: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar am--�- -` npaign contribution made by the applicant to the local government 's immediately preceding the filing of the application for this zoning ribution; r��►�� of each gift having a value of $250 or more made by the Applicant to wring the two (2) years immediately preceding the filing of the Aye�..,�,-ontributions form attachment hereto: X Yes Signatufe of Applicant /4fzd ' Date NOTE: Other specific data is required for each type of Subdivision of Land. Fee Amount!; Check Number Date u ' �- City Official C�, 0j:Ltp NOTE: This application must be accompanied by following information: ✓ 13 copies, no smaller than 11 x 17, of the proposed subdivision with the building setback lines. 4 copies, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. /A, The name(s) of all proposed new street(s) or private drive(s). �_ 13 copies, no smaller than 11 x 17, of the existing tree survey and tree removal plan. The Planning Commission may require elevations or other engineering drawings covering the proposed subdivision. The Mayor and Council will not act upon a subdivision until the drainage and infrastructure plan has met the approval of the City's engineering consultant. The Applicant certifies that he/she has read the requirements for Major/Minor Subdivision and has provided the required information to the best of his/her ability in a truthful and honest manner. All new lots established within subdivisions shall conform to the lot area as set forth in the general provisions for each zoning district and the lot width shall be a minimum of 60 feet at the building line. IO�Zall� Signature of Applicant Date PLANNING COMMISSION Demery Bishop, Vice Chair Ron Bossick Marianne Bramble Julie Livingston John Major Tyler Marion, Chair David McNaughton MINUTES Planning Commission Meeting November 18, 2014 — 7:00 p.m. CITY MANAGER Diane Schleicher PLANNING & ZONING MANAGER Dianne Otto, CFM CITY ATTORNEY Edward M. Hughes Chair Tyler Marion called the November 18, 2014, Tybee Island Planning Commission meeting to order. The other Commissioners present were Demery Bishop, Ron Bossick, Julie Livingston, John Major, and David McNaughton. Marianne Bramble was absent and excused. Chair Tyler Marion asked for consideration of the October 21, 2014, meeting Minutes. A motion to approve was made by Demery Bishop. David McNaughton seconded the motion. The vote to approve was 5-0. Chair Tyler Marion asked if there were any disclosures or recusals. David McNaughton stated his recusal for the Variance request at 173 Lewis Avenue for Jeff Slaughter. Old Business Commissioner John Major stated that three months ago the owner of the IGA came before the Planning Commission with a request for rezoning of an R-2 lot. The Planning Commission recommended approval with restrictions and encumbrances that accompany a Neighborhood Grocery zoned property, specifically a privacy fence, etc. The City Council approved the request with the same restrictions and added a 90 day completion date. He asked Dianne Otto the status. Ms. Otto responded that the previous day the permit for the fence was issued and the 90 day completion date would be January 9, 2015. She said Staff is tracking to ensure it is accomplished. Chair Tyler Marion made reference to short-term rentals on the Island and creating an ordinance. Dianne Otto responded that there was a draft ordinance and stakeholder meetings a few years ago and the proposal has not been revived. Chair Marion made a recommendation that the short-term vacation rental ordinance be seriously reconsidered specific to the idea of management of occupancy and parking as these are two crucial items to the health of the City. He made reference to a four bedroom house with twenty guests and multiple vehicles with no after-hours management in place. Ms. Otto stated she would provide the proposed ordinance for their review. Commissioner Demery Bishop referenced a previous Variance request for the Polk Street right-of-way. He asked Dianne Otto to advise him of the City Council's decision. Mr. Bishop reminded the Commission the motion was to approve with a renewal of 18 months and a sunset provision, and following non -completion, punitive damages of some type against the aggrieving party. Ms. Otto responded the City Council's determination was approval of the Variance but they did not add a time period and did not incorporate the recommended punitive damages language. Commissioner Bishop said this would maintain status quo which would allow the request to come back before the Commission for a fourth attempt if not completed. Ms. Otto agreed. Bishop stated therefore they would be potentially guilty of non-performance, in his opinion. Chair Marion thanked Commissioner Bishop for his comments. Minor Subdivision —1115 Venetian Dr.; Cbristo her & Melissa Freeman; Zone R-2• PIN 4-0012-01-001 Planning and Zoning Manager Dianne Otto stated there are three lots of record at 1113 and 1115 Venetian Drive and the owners are Christopher and Melissa Freeman. She explained the request was to convert the three lots into two lots. She said currently there is a vacant lot, named Part of Lot 2, and there are Lots 3 and 4. The existing single-family home is straddling the lot line of Lots 3 and 4. Ms. Otto continued by stating the proposed change would create Lot A and Lot B, and there would no longer be a boundary line bisecting the structure. Lot B would be created and be wider than the existing Part of Lot 2 which is currently 45 -feet. The request would move it up to 55 -feet. Commissioner David McNaughton clarified with Ms. Otto that Lot B would be 5 -feet less than required and asked if there was a Variance application required. Ms. Otto responded that if the Commission approved the subdivision, they would have approved a Variance. Commissioner McNaughton stated this was the second time for a request where a Variance was within the request and he would like written clarification in the future. Ms. Otto responded that it was discussed in the Staff Report. Commissioner John Major asked if a house could be built on the current lot. Ms. Otto stated yes. Major asked if the lot were to be sold, would the new owners be required to come before the Commission for a Variance request. Ms. Otto stated they would not need to, but could choose to request a Variance from the required setbacks. Chair Marion closed the panel discussion. Petitioner Chris Freeman, 1115 Venetian Drive, approached the Commission. He made reference to Attachment `A' in the packet showing the original four lots. In 1982 there was 5 -'/z -feet sold off Lot 2 to Lot 1 to increase it to 55 -feet, leaving 44 -'/z -feet on Lot 2, and Lots 3 and 4 were still 50 -feet. Freeman said it is their desire not to have a duplex on the adjacent lot and they would like sufficient buffer between the lots. He directed the Commission to Attachments `E' and `F' showing photographs of duplexes on the Island. Mr. Freeman stated it is their understanding that one of the reasons the 60 -foot wide minimum requirement was put in place was to reduce density on the Island. Chair Marion confirmed with Freeman the intent, if approved, was to sell the other lot. Mr. Freeman discussed the building of a duplex on the property where the neighborhood is basically single-family homes. He said in his opinion a 55 -foot wide lot would be more consistent with the Recommended Development Strategies of the Comprehensive Plan for the Marshfront Neighborhood. He then read four of the Strategies to support the 55 -foot lot width. Commissioner Major thanked Mr. Freeman for his presentation as it was very helpful. He asked Ms. Otto if and when the other lot was sold, could the owners come before the Commission and ask for a Variance. Ms. Otto confirmed and added that it could be deed restricted to prevent that. Chair Marion asked the record to show there was no public input. The Public Hearing was closed. Commissioner Major moved to approve. Commissioner McNaughton seconded. The vote was unanimous (5-0). Variance —173 Lewis Ave.,• Jeff Slaughter; Zone R-2• PIN 4-0016-03-002 David McNaughton recused for this item. Dianne Otto stated the Variance request for 173 Lewis Avenue, owned by Jeff Slaughter, was being represented by Bonnie Gaster. Ms. Otto directed the Commissioners to the Staff Report as it provided the history of the request as well as pictures of the day a Stop Work was posted. She explained rock was installed without a permit in the City's right-of-way and the marsh buffer. An after -the -fact permit application was then submitted which stated the project detail: "recoat an existing rock driveway." She next referred to a hand drawn site plan provided after -the -fact by Ms. Gaster that showed additional areas beyond recoating of the existing rock. The plan had the rock stopping at the City's right-of-way/Saughter's property line with a compliant 25 -foot wide rock driveway extending to the street pavement. Ms. Otto explained Staff located a property survey from another permit file which showed the location of the right-of-way. Ms. Otto said the hand drawing showed the 25 -foot wide area of rock which was allowed from the property line to the pavement, with no rock encroaching into the City's right-of-way. She then referred to several emails included in the packet when options were offered to the owner. The decision of the owner was to seek a Variance. Chair Tyler Marion asked if there was a true hardship the owner had stated. Otto referenced the application where the applicant had checked irregularities and exceptional topographic or other physical conditions, and notes that the two dwelling units on the property are immediately adjacent to one another with no room for a carport or garage. Commissioner John Major discussed the amount of rock placed. Commissioner Demery Bishop confirmed there are two driveways, one to the north and one to the south. He asked if both of the driveways could be used to access the property. Ms. Otto responded yes, if the total width was not more than 25 -feet. Bonnie Gaster approached the Commission. She described the property as conforming and outlined the circumstances leading up to the Variance request. Ms. Gaster stated removing the rock on the property would not be aesthetically pleasing as it is "clean" and the owner's preference is to leave the rock in place. She asked the Commission to vote in favor of the Variance as it is a unique circumstance. Commissioner Major made reference to the owner's narrative included in the packet and stated he does not have an issue with approving the Variance. Commissioner Ron Bossick asked Gaster if the owner parks vehicles in the white rock area when the property is rented. Ms. Gaster confirmed. Charlie Kirk, 166 Lewis Avenue, approached the Commission to support the Variance request. He stated the lots of Lewis Avenue are very unique and parking can be a challenge. He described the history of the residence and its driveway materials. Mr. Kirk stated the hardship for this property is the size and location. He asked the Commission to approve this request as the residence is an asset to Lewis Avenue. Chair Marion closed the Public Hearing. Commissioner Demery Bishop made reference to the rock placed and compacted into 2 STAFF REPORT PLANNING COMMISSION MEETING: December 19, 2016 CITY COUNCIL MEETING: January 12, 2016 tacxm�`h LOCATION: 1113 & 1115 Venetian Dr. PINS: 4-0012-01-001 APPLICANT: Christopher & Melissa Freeman OWNERS: same EXISTING USE: single-family & vacant lot PROPOSED USE: same ZONING: R-2 USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: Marshfront Neighborhood APPLICATION: Minor Subdivision PROPOSAL: The applicants request to combine their three lots into one lot, and then divide that lot into two lots. ANALYSIS: The owners of the subject property on Venetian Drive finalized possession during March 2014. The property consists of three lots of record (Part of Lot 2, Lot 3, and Lot 4). The applicants reside in the existing single-family home at 1113 Venetian Drive located on Lots 3 and 4. A vacant lot with the legal description Part of Lot 2 is addressed 1115 Venetian Drive. The request is to reconfigure the land into two lots, Lot A and Lot B. The property is zoned R-2, One- and Two-family Residential. Minimum lot sizes for R-2 are 4,500 square feet for single-family and 6,750 square feet for two-family [Section 3-090(A)]. The proposed plat would create Lot A. It contains the single-family home and the lot size would exceed the square footage required for a duplex lot. Vacant Lot B which would be of a size allowing a single-family home only. The building setbacks for R-2 zoned lots are 20 -feet on the front, and 10 -feet on the rear and sides. The existing single-family dwelling built in 1987 is nonconforming on the front with a 19.8 -foot setback. The proposed plat demonstrates the rear and side setbacks of this structure would meet requirements. The existing vacant lot of record described as Part of Lot 2 is 45 -feet wide. The parcel would be 10 -feet wider if the proposed plat is approved. Land Development Code Section 10-080(F)(6) requires a 60 -foot lot width: (6) Width and area requirements. Lots hereafter established within subdivisions shall conform to the lot area as set forth in the general provisions for each zoning district and the lot width shall be a minimum of 60feet at the building line. The proposed 55 -foot wide Lot B does not meet the 60 -foot wide standard. It is possible to create a 60 -foot wide Lot B by shifting the new lot line to the north 5 -feet more. This shift would not create a side setback encroachment for the existing structure on proposed Lot A. The 60 -foot wide Lot B would result in a lot that exceeds the 6,750 square foot minimum lot size for construction of a duplex. The applicants request to improve the width of the existing vacant lot without creating a duplex lot. Removal of the lot line bisecting the existing dwelling is a desirable outcome of the proposed recombination plat. If this request is granted, the applicant is aware there is a 60 -day limit from the date of approval to record it with Chatham County [Section 5-140(I)]. The neighborhood of this property is light residential. The Marshfront Neighborhood as described in the Comprehensive Plan follows: These neighborhoods are fronted by coastal marshlands and contain a wide mix of new and old residential development and a sporadic mix of commercial properties. Coastal marshlands surround these areas and many lots contain access to the water via tidal creeks. The surrounding marsh provides scenic views, natural resources, a recreational amenity, and dock access to the water. Due to the close proximity of marshland and local waterways, land use and protection of natural resources requires special consideration in these neighborhoods. The nature of existing zoning classifications has preserved some undeveloped land within these areas. Below are the seven Recommended Development Strategies outlined in the Comprehensive Plan for the Marshfront Neighborhood Character Area. The proposed lot reconfirmation meets the applicable strategies. Comprehensive Plan — Community Character Area Marshfront Neighborhood — Section 1. 2.8 Recommended Development Strategies Meets Strategy YIN or N/A 1. Permit only uses compatible with the character of the area. y 2. Permit only uses that will not adversely impact the marsh environment. y 3. Enforce marsh buffer ordinance within this area y 3. Tree preservation should be prioritized to protect the scenic and habitat value of this area. y Based on the Flood Insurance Rate Map (FIRM) of 09/26/2008 this property is within Flood Zone AE with a Base Flood Elevation 12. The DNR marsh jurisdictional line was flagged 02/25/2014 and it has not expired. STAFF FINDING Staff finds the proposed two lots are in keeping with the Character Area of the Comprehensive Plan. Although the resulting width of proposed Lot B is 5 -foot less than the required 60 -foot, it improves the width for the existing lot of record by 10 -feet. The resulting lot B would only allow a single-family dwelling thus limiting dwelling units in a sensitive marshfront area. This Staff Report was prepared by George Shaw and Dianne Otto. ATTACHMENTS A. Application (2 pages) B. Narrative from applicants (8 pages) C. GIS maps (1 page) D. Photographs of existing conditions (1 page) E. Current & proposed lots, exhibit by staff (I page) F. Plat (I page) 2 APPROVED BY THE TYBEE ISLAND PLANNING COMMISSION ALL STREETS, RIGHTS OF WAY, EASEMENTS AND ANY SITES FOR PUBLIC USE AS NOTED ON THIS PLAT ARE HEREBY DEDICATED FOR THE USE INTENDED ZONING MANAGER DATE OWNER DATE APPROVED BY THE TYBEE ISLAND MAYOR AND COUNCIL GEORGIA BOARD OF REGISTRATION FOR ti OWNER DATE THOMAS J. SHEERAN MAYOR DATE JENN`IF'ER MCINTOSH SHEEHAN DB 393 Q 248 SURVEYORS AND AS SET FORTH IN THE S 70'20'077E 143.54' CLERK OF COUNCIL DATE DNR FLAG y �^sem— -- -- -- CMF AUTHORITY O.C.G.A. SECS, 15--6-67, 43-15-4, 12 OPM N AP-L1A 'CMF ��DNR FLAG # LOT 41 ERROR OF CLOSURE: t LINEAR: 1/40,200 G1F TER caNG DNR FLAG #I HOUSE cv d, 11 J. Wfff= FMOLDS N 2 STORY BALANCED BY: L. S. DNR LINE FLAGGED 2/25/14 1 OLD LOT LINE a m PLAT: 1/93,900 AVENUE 636 STEPHITE LOT �0 DNA FLAG # DECK 11,878 SF r ry ' ) O (HIGH GROTa "1 DNR FLAG gI—y —to'SL LOT 3 DATE: FFEBRUARY 24, 5/6" RHS 1 WO EN FENCE ]r— x ---x -- 7-14 70.32'34W g� 121.45' O DNR FLAG # + OLD LOT LINE DATE: FEBRUARY 25, 2014 PLAT # c 1 PT. LOT 2 LOT B DNR FLAG , i Iw 6300 SF u7l (HIGH GROUND) a 10' BSL DNR FLAG #1 Com. r N 70.32'34"W 107.94' BROKEN z PT. LOT 2 MB 2 267 DB 212 A 441 3/8 REFERENCE: MB 2 267 PRB 4-P 74 TWELFTH STREET ACCORDING TO THE F.I.R.M, DATED 9/26/08 THIS SITE IS WITHIN THE 100 YEAR FLOOD ZONE. ZONE AE, HFE 12 THIS SURVEY WAS PREPARED IN CONFORMITY WITH THE TECHNICAL STANDARDS FOR PROPERTY SURVEYS IN AS SET FORTH IN CHAPTER IHO-7 OF THE RULES OF THE GEORGIA BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND AS SET FORTH IN THE GEORGIA PLAT ACT O.C.G.A. 15-6-67, E T U IPAIENT. AUTHORITY O.C.G.A. SECS, 15--6-67, 43-15-4, OPM N AP-L1A ERROR OF CLOSURE: GEORGIA LINEAR: 1/40,200 G1F TER ANG: 2"/ANGLE J. Wfff= FMOLDS • ¢� �a • BALANCED BY: L. S. LAND SURVEYOR a m PLAT: 1/93,900 AVENUE 636 STEPHITE NO. 2249 q 9 O �0 SUITEC 3 N �a SCALE: 1' =So' SAVANNAH 31405 suR� �� DATE: FFEBRUARY 24, TELEPHONE: 912--352-0464 g� 2014 SURVEY AX: 912-352-7787 LEY DATE: FEBRUARY 25, 2014 PLAT FILE NO. 14-21A REVISED OCTOBER B, 2014 TO SHOW NEW STEPS, FENCE AND HSL. REVISED MAY 13, 2014 TO RECOMBINE INTO 2 LOTS. 30 0 0 "1 •i rrrrrrrrrr�rl�� GRAPHIC SCALE - FEET ■rrwrrrrrr�� P/P VICINITY APAP (NOT TO SCALE) RECOMBINATION LOTS 3, 4 & THE NORTHERN 44.5' OF LOT 2 OF A SUBDIVISION OF LOT Z, WARD 3, MEE ISLAND, CHATHAM COUNTY, GEORGIA STREET ADDRESS: 1115 VENETIAN DRIVE FOR: CHRIS FREEMAN ORDINANCE NO. 2016-21 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, AS TO SECTION 3-090D RELATING TO HEIGHT, TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, including the environment thereof; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend Section 3-090D so as to address the calculation of elevations for determining the height of structures on lots with existing structures or which had been previously improved, to repeal conflicting ordinances and for other purposes. NOW, THEREFORE, It is hereby ordained by the governing authority of the City of Tybee Island that The Code of the City of Tybee Island, Section 3-090D, Height, be amended so that hereafter the section shall read as hereinafter provided. SECTION 1 The Code of Ordinances is hereby amended as to Section 3-090D, Height, which shall read as follows: Sec. 3-0901). Calculating maximum height for development on existing structures. In any situation, including specifically but not limited to, the batteries that were formerly part of Fort Screven, where new construction or remodeling of existing improvements is proposed, the elevation for purposes of calculating the finished height of the proposed structure shall be determined by the following rules: 1640720.1 (a) The finished height of any new construction or remodeling shall not exceed thirty-five (35) feet from the higher of the existing elevation as determined from either of the following: (1) The elevation of the lowest floor of the foundation of the existing improvement or structure, or (2) The elevation of the crown of an existing improved street that abuts the property on which the proposed structure is planned. This section is applicable in circumstances where the existing structure, improvement, or foundation is to be continued in use or in place, incorporated into the proposed improvement, or if it is planned to be removed entirely. SFCTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. 2 SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS _ DAY OF , 2017. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/19-2015 Height Rev 07.19.16 572-00000110rdin121-2016 Height 07.22.16 LOCATION: NIA STAFF REPORT PLANNING COMMISSION MEETING: December 19, 2016 CITY COUNCIL MEETING: January 12, 2016 APPLICANT: City of Tybee Island EXISTING USE: N/A ZONING: N/A COMMUNITY CHARACTER MAP: NIA OWNER: NIA PROPOSED USE: NIA USE PERMITTED BY RIGHT: NIA APPLICATION: Text amendment to Sec. 3-090 Schedule of development regulations PROPOSAL: The applicant is requesting amend Sec. 3-090 to add text clarifying how to calculate maximum height of proposed development on existing structures such as the historic batteries. ANALYSIS: The purpose of this text amendment is to create a clear method for determining how to measure the maximum allowable height of proposed development to be built upon an existing structure specifically but not limited to the historic batteries. Our normal method of measuring from average adjacent grade is not appropriate for structures that abut sand dunes as they regularly change height and are often higher only due to the presence of the existing structure. This amendment will create a method to more evenly and equitably measure maximum height. STAFF FINDING This amendment is designed to give developers and staff a clear guide for calculating maximum allowable height. Staff recommends approval. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Text amendment