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HomeMy Public PortalAbout20190114_PC_PACKET.pdfPLANNING COMMISSION Demery Bishop Ron Bossick Marianne Bramble Tina Gann Charles Matlock David McNaughton Alan Robertson A. Call to order: E- , CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw Planning Commission Meeting AGENDA January 14, 2019 — 7:00 p.m. For City Council Meeting February 14, 2019 — 7: 00 p.m. B. Consideration of Minutes: 1. Minutes of December 17, 2018 C. Disclosures/Recusals: D. Old Business: E. New Business: 1. Text Amendment: Sec. 2-010 Terms & Definitions. — Text changes. Adjournment: Lisa L. Schaaf CITY ATTORNEY Edward M. Hughes Individuals with disabilities who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons. •' -? f} M. LU 9r�I CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw Planning Commission Meeting AGENDA January 14, 2019 — 7:00 p.m. For City Council Meeting February 14, 2019 — 7: 00 p.m. B. Consideration of Minutes: 1. Minutes of December 17, 2018 C. Disclosures/Recusals: D. Old Business: E. New Business: 1. Text Amendment: Sec. 2-010 Terms & Definitions. — Text changes. Adjournment: Lisa L. Schaaf CITY ATTORNEY Edward M. Hughes Individuals with disabilities who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons. PLANNING COMMISSION Demery Bishop Ron Bossick Marianne Bramble Tina Gann Charles Matlock David McNaughton Alan Robertson E- , Planning Commission Meeting MINUTES December 17, 2018 CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw CITY ATTORNEY Edward M. Hughes Chair Bishop called the December 17, 2018 Tybee Island Planning Commission meeting to order. Commissioners present were Tina Gann, Marianne Bramble, Alan Robertson, David McNaughton, Ron Bossick and Charles Matlock. Consideration of Minutes: Chair Bishop asked for consideration of the November 19, 2018 meeting minutes. Alan Robertson made a motion to approve with changes he addressed with planning staff. Vice Chair Ron Bossick seconded. The vote to approve was unanimous without Charles Matlock's vote; he was not present at the November 19 meeting. Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals. David McNaughton asked to recuse himself from agenda item five the Map & Text Amendment for 68B Lewis Avenue, and asked to leave the commission to address this application from the floor as an interest party. Old Business: Chair Bishop asked if there was any old Business. There were none. New Business: Minor Subdivision: separating one lot to make two single-family lots - 1809 Chatham Avenue — Zone R-2 - 4-0009-13-009 — Kelley B. Parker. George Shaw stated this area was actually two lots before, one smaller and one larger and now they are moving the lot line to make two conforming lots. This does meet the requirements of the Land Development code and both lots have access and drainage. Staff recommends approval. David McNaughton asked why the dunes were not marked on the minor subdivision map. George Shaw stated that is not required on a survey to be recorded at the courthouse. Ron Bossick asked if the city engineer looked at storm water capacity of where they are tying in. George Shaw stated the city put a pipe in recently to help with water flow, but they could not get a big enough one in that area. The owners of this property will be putting in some tide flaps so the water does not go on the property from the pipe. The pipe may not be suitable for all of the properties along Chatham to drain into especially at high tide. Demery Bishop stated the standing water on that property is a concern. George Shaw stated the applicant's drainage plan would help the property drain. The Residents at 1811 Chatham Avenue have the right to tie into that pipe; they have not yet done so. Frank Kelly who lives at 1706 Inlet Avenue, Tybee Island, approached the Planning Commission and stated there is definitely a water issue at Ally 3 located beside this property. The water always sits there. He stated he thinks it is a wetland because the water looks blue which is a sign of a swamp or wetlands. In addition, he is concerned the water would come towards Inlet Avenue if they drain that water off that area. •' -? f} M. LU 9r�I Planning Commission Meeting MINUTES December 17, 2018 CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw CITY ATTORNEY Edward M. Hughes Chair Bishop called the December 17, 2018 Tybee Island Planning Commission meeting to order. Commissioners present were Tina Gann, Marianne Bramble, Alan Robertson, David McNaughton, Ron Bossick and Charles Matlock. Consideration of Minutes: Chair Bishop asked for consideration of the November 19, 2018 meeting minutes. Alan Robertson made a motion to approve with changes he addressed with planning staff. Vice Chair Ron Bossick seconded. The vote to approve was unanimous without Charles Matlock's vote; he was not present at the November 19 meeting. Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals. David McNaughton asked to recuse himself from agenda item five the Map & Text Amendment for 68B Lewis Avenue, and asked to leave the commission to address this application from the floor as an interest party. Old Business: Chair Bishop asked if there was any old Business. There were none. New Business: Minor Subdivision: separating one lot to make two single-family lots - 1809 Chatham Avenue — Zone R-2 - 4-0009-13-009 — Kelley B. Parker. George Shaw stated this area was actually two lots before, one smaller and one larger and now they are moving the lot line to make two conforming lots. This does meet the requirements of the Land Development code and both lots have access and drainage. Staff recommends approval. David McNaughton asked why the dunes were not marked on the minor subdivision map. George Shaw stated that is not required on a survey to be recorded at the courthouse. Ron Bossick asked if the city engineer looked at storm water capacity of where they are tying in. George Shaw stated the city put a pipe in recently to help with water flow, but they could not get a big enough one in that area. The owners of this property will be putting in some tide flaps so the water does not go on the property from the pipe. The pipe may not be suitable for all of the properties along Chatham to drain into especially at high tide. Demery Bishop stated the standing water on that property is a concern. George Shaw stated the applicant's drainage plan would help the property drain. The Residents at 1811 Chatham Avenue have the right to tie into that pipe; they have not yet done so. Frank Kelly who lives at 1706 Inlet Avenue, Tybee Island, approached the Planning Commission and stated there is definitely a water issue at Ally 3 located beside this property. The water always sits there. He stated he thinks it is a wetland because the water looks blue which is a sign of a swamp or wetlands. In addition, he is concerned the water would come towards Inlet Avenue if they drain that water off that area. David McNaughton made a motion to approve with the condition to determine whether there are wetlands on the property. Alan Robertson seconded. The vote to approve was unanimous. Zoning Variance: consideration of setback encroachment - 701 Butler Avenue — Zone R - 2-4- 0005-19-009 — Lynn Moody. George Shaw stated this applicant would like to add an addition to the existing front porch. The porch currently is not in the setback, it is a little over twenty-four feet from property line. They would like to encroach into the front setback about five feet and the side setback with a new set of stairs as much as seven feet. Staff recommends denial. Vice Chair Ron Bossick stated in Sec.3-050 — "Obstruction to visions at street intersections". Was that measurement done for this application. George Shaw stated he has not looked at that and certainly would if this is approved before construction. Lynn Moody who lives at 701 Butler Avenue, Tybee Island, approached the Planning Commission and stated he would like to expand the porch 220 square feet to accommodate his expanding family, who all love to sit on the porch at the same time. Marianne Bramble asked if the steps were encroaching when he purchased the property. Lynn Moody stated yes, we purchased the house in 2010. In addition, did some construction to it at that time. He stated during that time the City asked him to cut the steps back three feet, which he did. Alan Robertson stated there has been more and more variance request in the past couple of years and he would like to remind the commission about the risk of waking up one day and the density on the Island will be exhausted. Alan Robertson made a motion to deny. David McNaughton seconded. The vote to deny was unanimous. Zoning Variance: consideration to cover existing deck that is in setback — 23 Atlantic Avenue — Zone C -1(C) — 4-0008-03-012 — Robert Glisson. George Shaw stated this property has a second floor porch that extends well into the setback and has been there a long time. Additional construction is not allowed by code. The roof was added without a building permit. When it was discovered, he was told it was not allowed and had to seek a variance to keep the roof. Staff recommends Denial. Robert Glisson, who lives at 23 Atlantic Avenue Tybee Island, approached the Planning Commission and stated he has been on Tybee since 1956 and has built several places on Tybee by code. He stated he built the house at 23 Atlantic Avenue the same time he put in the amusement park on Tybrisa and used it to store the rides, then later his help needed to stay there. He stated a few weeks ago, he had a crew painting the building and it was so hot he decided to have them go ahead and put a roof over the porch for shade. Then he had a curtesy inspection by the county inspector and was told how to build the roof the right way. He went the next day to get the permit and that is when Planning and Zoning told him he could not build the roof because it was in the setback and needed to ask for a Variance. Charles Matlock made a motion to deny. Alan Robertson seconded. Voting in favor were Alan Robertson, Vice Chair Ron Bossick and Charles Matlock. Voting against were David McNaughton, Tina Gnann and Marianne Bramble. Motion tied 3-3. Chair Demery Bishop voted for the motion. Motion to deny carried 4 to 3. Site Plan approval: consideration of a new restaurant —1601 Inlet Avenue — Zone C-1/SE — 4- 0008-17-003 — Joshua Navon. George Shaw stated the applicant would like to take the old post office building and turn it into a restaurant. The biggest concern is the parking. The code allows for a structure less than 2,000 square feet to not have to add parking if there within 1,000 feet of public parking in the C -I district. He stated when he measured it was slightly over 2,000 but the applicant informed him that the interior useable space of the building is just less than 2,000 square feet. Technically, with that measurement they meet that requirement for not having to have parking. There are a couple spaces in the front of the building. The back is mainly a loading unloading area. The applicant plans to put decking in the back area. Staff does not recommend approval. Vice Chair Ron Bossick asked if the loading dock was included in that square footage, because the way the code reads it should be included. In addition, with that area the building would be over the 2,000 square foot. George Shaw stated he did not include that area and now thinks it should have been included in the square footage and he will check on that again. Vice Chair Ron Bossick stated the proposed site plan shows decking completely in the back area. Where will the loading and unloading take place and where will they place the dumpsters. Keith Gay of Tybee Beach Vacation rentals, approached the Planning Commission and stated he was here on behalf of Mr. and Mrs. Gosner of 1603 Lovell Avenue across the street and also Mr. and Mrs. Pomeroy who live at 1601 Lovell Avenue north side of the this property. The concerns these neighbors have is the noise and traffic that this new business will contribute to that space. Mark Reed, who lives at 1515 Lovell Avenue Tybee Island, approached the Planning Commission and stated he lives caddy corner to 1601 Lovell Avenue and he wanted to address some things for the Planning Commission to consider. They are noise, trash and water. He stated there is already a noise problem in that area from the other restaurants, this will add more. The trash that falls out of the dumpsters from the other restaurants blows down the street and sits there. In addition, the drainage from the cleaning supplies gunk from the deck will be draining to the street and ocean. Joshua Navon who lives at 6 White Oak Lane, Tybee Island, approached the Planning Commission and stated that according to his Engineer and Architect the building is under the square footage that is allowed to not require parking. He also stated this would be a family seafood restaurant not a nightclub. His wife will be the chef for the restaurant. Tina Gann asked how he would make the neighbors happy. Joshua Navon stated he would do whatever is needed to keep the neighbors happy. Vice Chair Ron Bossick stated there are too many inconsistencies in the square footage for this building. Alan Robertson made a motion to deny. Tina Gann seconded. Voting in favor were Alan Robertson, Tina Gann, Vice Chair Ron Bossick, Marianne Bramble and Charles Matlock. Voting against was David McNaughton. Motion to deny carried 5 to 1. Map Amendment & Text Amendment: consideration of zoning use change from RT to C-2 — Lot 68B Lewis Avenue — Zone RT — 4-0003-06-002B — Julie A. Livingston. George Shaw stated that the applicant would like to change the zoning on this lot that is the third lot down Lewis Avenue from Highway 80. The first two lots are already C-2 and this third lot which is lot 68B is zoned R -T. He stated he could not find any record of why it was zoned R -T. For consistency, sake staff recommends approval. Steve Knutson, who lives at 116 Lewis Avenue, approached the Planning Commission and stated the two lots in front of the lot in question are about 341 feet down Lewis Avenue into the neighborhood from Highway 80. There are four houses directly across from this property that will be impacted by this change as well as others. There has been talk that a miniature golf might be going in this spot. He is very concerned about noise and what might go in that area if the mini golf does not do well. David McNaughton who lives at 144 Lewis Avenue Tybee Island, approached the Planning Commission and stated that the staff report suggest that R -T is an inappropriate zoning for this lot and C-2 would be more appropriate. He stated that seventeen years ago residents of Lewis Avenue petitioned the City to rezone the street from R-2 to R -1-B to preserve the lower density of Lewis Avenue. Then there was a Council meeting on April 13 of 2000, with the owner of lot 68A & lot 68B he asked Council to rezone both lots from R-2 to C-2. At that meeting, there was an objection that it would push the commercial into Lewis Avenue more than 300 feet. The result of that was to rezone 68A to C-2 and 68B to R -T. Tybee code describes R -T as "a district where tourist and residence can mix, but primarily residential." In addition, the C-2 designation states "intended for location along arterial streets or the negative impacts of traffic congestion, noise, intrusions into residential neighborhoods will be minimized." The definition for Arterial streets reads "those used or intended primarily for fast or heavy traffic." Right now Highway 80's speed limit is 35 and Lewis Avenue's speed limit is 20. That means Lewis Avenue is not an arterial street and not worthy of C-2 zoning. He asked the Planning Commission to recommend the City Council deny the re- zoning request. Dee McCoy Hunter who owns 161 Lewis Avenue Tybee Island, approached the Planning Commission asked that the Planning Commission deny the Map amendment. She stated the commercial development would bring higher density traffic to an already very narrow street that is very residential. Fran Galloway, who lives at 153 Lewis Avenue Tybee Island, approached the Planning Commission and stated this rezoning would be more devastating to our homes and neighborhood than the disasters Lewis Avenue has already been through. Janice Insley, who lives at 168 Lewis Avenue Tybee Island, approached the Planning Commission and stated that she bought her home in 1992 and at that time, it was full time residence and families. She stated this would change the character of the neighborhood and most of the residences do not want any kind of business on that street. Sherry Simmons, who lives at 1311 Sixth Avenue Tybee Island, approached the Planning Commission and stated she is here to represent a friend Colleen Bozard who lives at 139 Lewis Avenue Tybee Island. She stated they bought their home on Lewis Avenue for the strong neighborhood feeling and they are very concerned that any kind of business on Lewis Avenue will threaten that small community. In addition, the street is very narrow. Thomas Lee Jr., who lives at 7 Naylor Avenue Tybee Island, approached the Planning Commission and stated he is speaking on behalf of his parents Thomas & Sybil Lee who own 105 Lewis Avenue Tybee Island, that is across from lot 68B and they are planning to build a new home there soon. They strongly oppose this rezoning. Chair Demery Bishop read a letter that was sent to him from Mr. & Mrs. Lee opposing the rezoning. He also read a letter from Celeste Crane indicating that she owns the house at 107 Lewis Avenue Tybee Island. She stated she is very opposed to the rezoning. Angie Hill who lives at 55 Deerwood Road, Wilmington Island and Beau Livingston, who lives at 801 First Street Tybee Island, approached the Planning Commission and stated they are representing the applicants and they stated the business they want to put on this property is a family style venue. They stated lot 68B would be used for parking, family picnic area and buffers. In addition, all of the concerns from the community can be addressed on the site plan later if this is approved. Deborah Harrell, who lives at 133A Lewis Avenue Tybee Island, approached the Planning Commission and stated Lewis Avenue cannot handle any more traffic. Fidelia Fowler, who lives at 7B Village Place Tybee Island, approached the Planning Commission and stated she thinks this is a bad idea for that area because of how much encroachment there is into the residential area. Vice Chair Ron Bossick made a motion to deny. Tina Gann seconded. Voting in favor were Alan Robertson, Tina Gann, Vice Chair Ron Bossick and Charles Matlock. Voting against was Marianne Bramble. Motion to deny carried 4 to 1. David McNaughton recused himself so he did not vote. Site Plan approval: consideration of new building for pool restrooms — 19 Silver Avenue — Zone C-1— 4-0008-06-015 — Walt Freeman. George Shaw approached the Planning Commission and stated this applicant is trying to update this property and would like to use this pool for his vacation rental guest. He would like to add greenspace to reduce runoff on the three sides and a new building for restrooms. Staff recommends approval. Alan Robertson asked if the building that was in the setback going to be moved back. George Shaw stated that building was removed and he would like to put a new building in the same area. Alan Robertson also asked if the drainage would be sufficient. George Shaw stated yes the City Engineer stats that in his letter. Vice Chair Ron Bossick asked how the pool designation (private pool) was arrived. George Shaw stated he used that because it is not a public pool for everyone. Marianne Bramble stated this applicant came to us a couple months ago with ideas but no plan and now he is back with a plan. He did as we requested and it looks like a good plan. Sondra Perry who lives at 17 Silver Avenue, Tybee Island approached the Planning Commission and stated that she is very excited about this pool and this new owner. The owner before did not take care of the property. Walt Freeman and Summer Roberson, who live at 129 Lewis Avenue, approached the Planning Commission. Summer Roberson stated they are seeking approval for the reconstruction and repairs at 19 Silver Avenue. Vice Chair Ron Bossick asked if they have been in contact with Chatham County about the pool requirements. Walt Freeman stated he has been in touch with Chatham County and the Health Department on what he needs to do through them. Keith Gay of Tybee Beach Vacation Rentals approached the Planning Commission and stated that he is all for this renovation and it would really improve the area. Alan Robertson made a motion to approve. Charles Matlock seconded. The vote to approve was unanimous. Adjournment: Vice Chair Ron Bossick. Marianne Bramble seconded. Meeting adjourned at 10:30pm. Lisa L. Schaaf LOCATION: N/A STAFF REPORT PLANNING COMMISSION MEETING: January 14, 2019 CITY COUNCIL MEETING: February 14, 2019 APPLICANT: City of Tybee Island EXISTING USE: N/A ZONING: N/A COMMUNITY CHARACTER MAP: N/A OWNER: N/A PROPOSED USE: N/A USE PERMITTED BY RIGHT: N/A APPLICATION: Amendment to Appendix A, Land Development Code, Section 2-010 Terms and definitions. PROPOSAL: To change the definition of height of building to make clear that an elevator cannot open above 35 feet. ANALYSIS: This amendment clarifies our ordinance so everyone can understand the height rule. STAFF FINDING Staff recommends approval ATTACHMENTS A. Amendment 1 This Staff Report was prepared by George Shaw. Height of building , unless otherwise specifically defined or described by ordinance, means the vertical distance measured from the average adjacent grade of the building to the extreme high point of the building, exclusive of chimneys, heating units, ventilation ducts, air conditioning units, ele s-and similar appurtenances. The portion of an elevator shaft necessary for the operation of an elevator may extend above 35 feet but no elevator doors may open above 35 feet without a variance.