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Home My Public Portal About20170320_PC_PACKET.pdfPLANNING COMMISSION Demery Bishop Ron Bossick Tina Gann John King Charles Matlock David McNaughton Alan Robertson A. Call to order: INTERIM CITY MANAGER George Shaw COMMUNITY DEVELOPMENT DIRECTOR George Shaw Planning Commission Meeting AGENDA March 20, 2017 -- 7:00 p.m. For City Council Meeting Aprill3, 2017— 7:00 p.m. B. Consideration of Minutes: 1. Minutes of February 13, 2017 C. DisclosureslRecusals: D. Old Business: Text Amendment: To Sec. 3-090 Schedule of Development Regulations to address height limitations. Adjournment: Lisa L. Schaaf CITY ATTORNEY Edward M. 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DEAD TREE REPLACE ROOF REPAIR FENCE REPLACE ROOF REPAIR ROOF MECHANICAL PERMIT REPAIR RESIDENTIAL BLDG REPAIR RESIDENTIAL BLDG REPAIR RESIDENTIAL BLDG REPAIR RESIDENTIAL BLDG REPAIR RESIDENTIAL BLDG REPAIR COMMERCIAL BLDG ELECTRICAL PERMIT REPAIR RESIDENTIAL BLDG FRANK HODT CHATHAM COUNTY BRAD SMITH MARGARETT STONE SANDRA CARROLL JOE WAREN KEITH GAY GEOFFREY HILT SCOTT MICHAELS DONNA RUMSEY KITTY NESSMITH RICHARD SMITH RICHARD SMITH MILA RIVERA JOE DABIT SEABAR/MARDI GRAS CAROLYN KAPLAN ROBERT SIMMONS TIM 0 NEILL SEASIDE WATCH SHIPWATCH CONDOS PAT LOCKEAR ALAIN ROY JOYCE PRESCOTT MARY LAMAR HOWARD ROUSE KIRKJONES JANE FEILER GARYJOHNSON GAIL LAMB WILLIAM JONES JOE MATHEWS ANNE PAUL CHARLOTTE MOSES BERNIE'S OYSTER HOUSE FRANK OUTZTS MARGO COOK 1001 MILLER AVE TYR RISA ST 4 SIXTH PLACE 29 VAN HORN AV 5 MOORE AV 114 MILLER AV 16A TWELFTH PL 1217 BAY ST 3THIRD ST 3 THIRD ST 303 THIRD ST 1219 US HWY 80 1219 US HWY 80 11 TERESA LN 101 FIRST ST 0 SIXTEENTH ST 62 CAPTAINS VIEW 64 CAPTAINS VIEW 1101 HWY 80 7 FOURTEENTH ST 7 FOURTEENTH ST 13 MILLER AV 1414 SEVENTH AV 216 SECOND AV 1807 CHATHAM AV 304 TENTH ST 1011 BAY ST 4 NINTH ST 10 EIGHTH LANE 112 MILLER AVE 54 CAPTAIN'S VIEW 10 THIRTEENTH TER 115 EAGLES NEST DR. 7 EIGHTH PL 13 TYBRISA ST 1611 2ND AVE 1213 SIXTH AVE Open 02/22/2017 Open 02/22/2017 Open 02/22/2017 Open 02/22/2017 Open 02/22/2017 Open 02/22/2017 Open 02/22/2017 Open 02/22/2017 Open 02/22/2017 Open 02/22/2017 Open 02/22/2017 Open 02/22/2017 Complete 02/22/2017 Complete Coen lete lete tete ete lete 02/23/2017 02/23/2017 02/23/2017 02/23/2017 02/23/2017 02/23/2017 02/23/2017 02/23/2017 02/23/2017 02/23/2017 02/24/2017 02/24/2017 02/24/2017 02/24/2017 02/27/2017 02/27/2017 02/27/2017 02/28/2017 02/28/2017 02/28/2017 02/28/2017 02/28/2017 02/28/2017 02/22/2017 02/22/2017 02/22/2017 02/22/2017 02/22/2017 02/22/2017 02/22/2017 02/22/2017 02/22/2017 02/22/2017 02/22/2017 02/22/2017 02/22/2017 02/23/2017 02/23/2017 02/23/2017 02/23/2017 02/23/2017 3/2017 4/2017 4/2017 4/2017 4/2017 7/2017 7/2017 7/2017 017 Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Private Public Private Private CONST CONST CONST CONST CONST CONST CONST CONST CONST CONST CONST ACCBLDG CONST CONST CONST CONST MECH TREE TREE TREE DEAD CONST CONST CONST CONST MECH CONST CONST CONST CONST CONST CONST CONST CONST PLANNING COMMISSION Demery Bishop Ron Bossick Tina Gann John King Charles Matlock David McNaughton Alan Robertson Planning Commission Meeting MINUTES February 13, 2017 CITY MANAGER Diane Schleicher COMMUNITY DEVELOPMENT DIRECTOR George Shaw CITY ATTORNEY Edward M. Hughes Commissioner Bishop called the February 13, 2017 Tybee Island Planning Commission meeting to order. Commissioners present were: Demery Bishop, Ron Bossick, David McNaughton, Charles Matlock, John King, Tina Gann and Allan Robertson. Planning Commission Oath administered by Mayor Jason Buelterman (2 -year terms end January 31, 2019): Commissioner Bishop turned the meeting over to Mayor Buelterman for the Planning Commission oath. Mayor Buelterman began with thanking the members for their service and time and let them know they are very much appreciated. Mayor Buelterman then administered the oath to Commissioner McNaughton, Commissioner Matlock and Commissioner Robertson. Elections: Mayor Buelterman asked if anyone has a motion for Chairman. Commissioner Matlock nominated Commissioner Bishop for Chairman and Commissioner McNaughton seconded, the vote was unanimous. Commissioner McNaughton made the motion to nominate Commissioner Bossick for Vice Chair and was seconded by Commissioner Matlock, the vote was unanimous. Mayor Buelterman congratulated them both. Consideration of Minutes: Chair Bishop asked for consideration of the December 19, 2016 meeting minutes. Commissioner King made a motion to approve and Commissioner Gann seconded, the vote to approve was five to one, Commissioner Robertson was not present at the December meeting so he did not vote. Disclosures/Recusals: Vice Chair Bishop asked if there were any disclosures or recusals. Vice Chair Bossick disclosed that he was involved in determining a portion of the technical terms of the text amendment to Sec. 3-090 Schedule of Development Regulations to address height limitations. He also stated that it will have no bias on his vote. Old Business: Text Amendment: To Sec. 3-090 Schedule of Development Regulations to address height limitations. Mr. Shaw stated for a number of years the City has been struggling with how to measure where to start from to determine height specifically on the existing Batteries on the island. The current way to determine does not take into consideration the dunes that are on one side that would tend to skew the measurement. So this change will apply island wide to any type of construction with a change on the wording, mainly to accommodate the batteries. We will use either the foundation or the crown of the nearest street. As opposed to the average adjacent grade. With the help of Vice Chair Bossick we have a nice graphic picture showing the change. Commissioner King stated there is an inconsistency on a new construction to use the crown of the street or the ground. Mr. Shaw stated if the lot is completely empty the intent is to use average adjacent grade. Mr. Shaw stated we may have to make it a little more clear to state the differences. Commissioner McNaughton stated paragraph one section A, does that mean the top of the foundation. Vice Chair Bossick stated yes that is what that means. Commissioner McNaughton asked what does this mean if foundation is under the ground wont it be the lower of the two. Mr. Shaw stated it would be lowest floor or crown of road whichever is lowest. Mr. Shaw stated it probably should read lowest floor slab or crown of road. Commissioner Matlock asked if the lower photo is the top of a slab. Mr. Shaw stated yes. Mr. Shaw stated the picture does show the top is where to start from. Commissioner Robertson stated that if this refers to Sec. 3-090 D then are we going to make D the current E. Mr. Shaw stated he would have to check on that. Commissioner King stated in the first section A2 add the word or. Vice Chair Bossick asked if the definitions should be in the definition section. Mr. Shaw stated he prefers them to be in the definition section and he would like to make this as clear as possible so any changes would be great. Commissioner Robertson made a motion to ask staff to incorporate comments and bring back to the March 20`h, 2017 Planning Commission meeting, and seconded by Commissioner Matlock the vote was unanimous. New Business: Mr. Shaw stated to the Planning Commission that there is a new Master Plan Implementation committee that Councilman Garbett is spearheading. He asked if anyone would like to be involved then let the City CIerk know, or go to the City Website. And it is open to any citizen on the Island. Adjournment: Commissioner Gann moved to adjourn and Vice Chair Bossick seconded, the vote to adjourn was unanimous the meeting adjourned at 7:42pm. Lisa L. Schaaf ORDINANCE NO. 01-2017-B 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 I 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 lower of the existing elevation as determined from either of the following: (1) The elevation of the top of the lowest floor's slab of the existing improvement or structure, or (2) The elevation of the crown of an existing improved street, public or private, that abuts or is nearest to the property on which the proposed structure is planned. This section is applicable in circumstances where the existing structure, improvement, or slab is to be continued in use or in place, or incorporated into the proposed improvement. If an improvement, slab and/or foundation is to be removed entirely, the elevation for the new construction will be measured from the lower of the average adjacent grade of the lot or the elevation of the crown of an existing improved street, public or private, that abuts or is nearest to the property on which the proposed structure is planned. As used in this ordinance, the phrase "is nearest to" is to be determined by a measurement in any direction and without regard to property lines, easements, etc. but rather is to be determined "as the crow flies" beginning with the closest point on the property to he developed to the nearest improved public or private street. As used in this ordinance, the words "grade", "foundation" and "slab" shall be defined as demonstrated and depicted on the attached Exhibit "A" and this ordinance is to be applied and interpreted consistently therewith. SECTION 2 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. gF.VT1nN d 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. 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: 3 CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/19-2015 Height Rev 07.19.16 572-000001/0rdin/21-2016 Height 07.22.16 LOCATION: N/A STAFF REPORT PLANNING COMMISSION MEETING: March 20, 2017 CITY COUNCIL MEETING: April 13, 2017 APPLICANT: City of Tybee Island EXISTING USE: N/A ZONING: N/A COMMUNITY CHARACTER MAP: N/A OWNER. N/A PROPOSED USE: NIA USE PERMITTED BY RIGHT: N/A 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 AA -� 9`, )-opo HEIGHT ORDINANCE COMPONENT DEFINITIONS AND LOCATIONS GRADE FOUNDATION (BELOW GROUND LEVEL) SLAB FOUNDATION: Is a structural part of a building constructed below the ground level on which a building stands. The foundation transmits and distributes its own load and imposed loads to the soil in such a way that the load bearing capacity of the foundation bed is not exceeded. The solid ground on which the foundation rests is called the foundation bed. Various types of footing are used as a foundation. SLAB: The structure built upon a concrete foundation to which a building is anchored. GRADE: Any surface which has been cut to or built to the elevation indicated for that point. The surface elevation of a lawn, driveway or other improved surface after completion of grading operations or from natural causes such as wind blown sand. LOCATION: NIA STAFF REPORT PLANNING COMMISSION MEETING: February 13, 2017 CITY COUNCIL MEETING: March 9, 2017 APPLICANT: City of Tybee Island EXISTING USE: N/A ZONING: N/A COMMUNITY CHARACTER MAP: N/A OWNER: N/A PROPOSED USE: NIA USE PERMITTED BY RIGHT: N/A 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 Public Hearings 1113 Venetian Drive, Minor Subdivision: Combine 3 lots and subdivide into 2 lots. Zone R-2; PIN 4-0012-01-001, Christopher and Melissa Freeman. Barry Brown macle a motion to approve. John Major seconded. Vote was unanimous, 6-0. Text Amendment: Sec 3-090, Schedule of Development Regulations to address height limitations. Monty Parks made a motion to send back to the Planning Commission for further recommendations. Barry Brown seconded. Vote was unanimous, 6-0. Consideration of Bids, Contracts, Agreements and Expenditures Bid #2016 — 691, Repairs to Gymnasium Building; Budget line Item Number: 100- 00-11-1999. Withdrawn, No Action Taken Consideration of Ordinances. Resolutions Resolution, Comcast, Franchise Agreement. Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. First Reading, 2017-A-03, Sec 6-8, Alcohol Consumption. Bill Garbett made a motion to approve as amended to include parking lots adjacent to the beaches, to change the container size to IS oz. and to extend through the first Saturday in May. John Major seconded. Voting in favor were Julie Livingston, John Major and Bill Garbett. Voting against were Monty Parks, Wanda Doyle and Barry Brown. Mayor Buelterman voting in the affirmative, motion passed 4-3. First Reading, 2017-05, Sec 23-1, Ethics. No Action. Deferred until later meeting. Second Reading, 2017-04, Special Events. No Action. Deferred until February 2017, Council, Officials and City Attorney Considerations and Comments Jason Buelterman • Signage for sand bar on south -end • Develop plan for obtaining public feedback regarding City's response to Hurricane Matthew Wanda Doyle • Sec 6-1, Business Hours Specified; Responsibility for Compliance — Sunday Sales (3) — (6). Deferred till February 2017 meeting. • Funding for Marine Science Center Wanda Doyle made a motion to adjourn. John Major seconded. Vote was unanimous, 6-0, Meeting adjourned at 9:55PM PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: December 19, 2016 Project Name,/Description: Section 3-090 Schedule of Development Regulations Action Requested: Text Amendment — address height limitations Special Review Subdivision: Site PIan Approval Sketch Plan Approval _ ConceptuaI Variance Preliminary Plan Approval Map Amendment Final Plat Approval Text Amendment X Minor Subdivision _ Major Subdivision _ Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: COMMISSIONER FOR AGAINST COMMENTS Bishop Chair Bossick X Vice Chair Bramble X Motion more clarity Gann Absent King X Matlock X McNaughton X Second The Planning Commission recommends: ❑ Approval ❑ Denial Planning Commission Chair: Planning & Zoning Manager ® Continued Date: "'2 2G /G Date: `Z '20-- LOCATION: NIA STAFF REPORT PLANNING COMMISSION MEETING: December 19, 2016 CITY COUNCIL MEETING: January 12, 2016 APPLICANT: City of Tybee Island EXISTING USE: NIA ZONING: NIA COMMUNITY CHARACTER MAP: N/A 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. ATTACHMENTS A. Text amendment 1 This Staff Report was prepared by George Shaw. ORDINANCE NO./0 1-2017-B AN ORDINANCE TO AMEND TPE CODE OF ORDINANCES FOR THE CITY Y ISLAND, GEORGIA, AS TO SECTI 3-090D 191LATING TO HEIGHT, TO REPEAL CONFLICT CES 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 I The Code of Ordinances is hereby amended as to Section 3-090D, Height, which shall read as follows: Sec. 3-090D. 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: 1640724.] (a) The finished height of any new construction or remodeling shall not exceed thirty-five (35) feet from the higher lower of the existing elevation as determined from either of the following: (1) The elevation of the lowest floors of fe wrlation of the existing improvement or structure, or (2) The elevation of the crown of an existing improved street, public or private, that abuts or is nearest to the property on which the proposed structure is planned. This section is licable in circumstances where the existing structure, sap r improvement, or is to be continued in use or in place incorporated into the proposed improvement,, . If an improvement slab sl and/or foundation is to be removed entirely, the elevation for new construction will be the lower of the averal4e adjacent grade of the lot or the elevation of the crown of an existing improved street, public or private, that abuts or is nearest to the property on which the roposed structure is planned. As used in this ordinance, the. phrase "is nearest to" is to be determined by a measurement in any direction and without regard toproperty lines, easements, etc. but rather is to be determined "as the crow flies," beginning with the closest point on the property to be developed to the nearest improved public or private street. As used in this ordinance, the words "grade," "foundation" and "slab" shall be defined as demonstrated and depicted on the attached Exhibit "A" and this ordinance is to be applied and interpreted consistently therewith. SECTION 2 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. 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. u: •: ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: 3 ENACTED: Tybee/Ordinances/19-2015 Height Rev 07.19.16 572-00000 1 /Ordin/21-2016 Height 07.22.16 Tybee/Ord in/0 1-2017 Height Tybee/Ordin 2017/01-2017-A Height 01.09.17 Tybee/Ordin 2017/01-2017-B Height 02.02.17