HomeMy Public PortalAbout20191118_PC_PACKET.pdfDemery Bishop
Ron Bossick
Marianne Bramble
Tina Gann
Charles Matlock
David McNaughton
Alan Robertson
A. Call to order:
Planning Commission Meeting
AGENDA
November 18, 2019 — 7:00 p.m.
For City Council Meeting December 12, 2019 — 7:00 p.m.
B. Consideration of Minutes:
1. Minutes of October 21, 2019
C. Disclosures/Recusals:
D. Old Business:
1. Discussion on changing Tybee's Variance application fee and looking into changing the
application based on the Valdosta application.
E. New Business:
1. Text Amendment: Section 4-050 (L) Maritime District to delete subsection (L) (1) (1)
Passenger cruise lines.
Adjournment:
Lisa L. Schaaf
George Shaw
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.
Demery Bishop
Ron Bossick
Marianne Bramble
Tina Gann
Charles Matlock
David McNaughton
Alan Robertson
Planning Commission
MINUTES
October 21, 21
Chair Bishop called the October 21, 2019 Tybee 1!
Commissioners present were David McNaughton,
and Ron Bossick. Alan Robertson was absent.
Consideration of Minutes:
Chair Bishop asked for consideration of the September 16, 2019 ff,
made a motion to approve. Commissioner Matlock seconded. The
Disclosures/Recusals:
Chair Bishop asked if there were any
Old Business:
Discussion on changing Tybee's Va
aDDlication based on the Valdosta ai
George Shaw s'
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George Shaw stated the
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Tina Gann
Commissioner Bramble
approve was unanimous.
none.
mments and put together the draft before you. From staff's
-hanges is number four. Our requirements in our Variance
� be changed also. Chair Bishop asked staff to incorporate
ber 181h meeting. George Shaw stated yes we will do that.
this is to make it clear which businesses occur at a home in a
residential neighborhood and which would require a public hearing or approval by staff. Vice Chair
Bossick made a motion to approve. Commissioner Gann seconded. The vote to approve was
unanimous.
New Business:
Zoning Variance: 1111B Bay Street —requesting to build new steps in setback — Zone R-1 -
40021 16088
4002116088 — Sue Else & Rex Osborn.
George Shaw stated the applicant would like to realign his steps to keep them from being too close to
the pool. There is no hardship involved so staff recommended denial. Chair Bishop asked if they had
already built the steps they are requesting to build. George Shaw stated yes they were going to repair
them but decided to change layout before they asked permission. Mack Kitchens approached the
planning commission and stated he lives at 1703 Inlet Avenue Tybee Island. He stated that he has
concerns on the amount of variances that should not be allowed to come to Planning Commission.
Commissioner Matlock made a motion to deny. Commissioner Bramble seconded. The vote to
deny was unanimous.
Subdivision of land: requestinp, to divide out one lot zoned commercial C-2 from the two
remaining residential lots that make up 109 Jones Ave. - 109 Jones Avenue — Zone R-2 and C-2
-Thomas A. Smith III (Jones Tybee LLC).
George Shaw approached the Planning Commission and stated the applicant would like to subdivide
the lot to the north which is zoned C-2 and leave a single lot zoned R-2 to the south. Staff has been
working with the City Attorney on finding ways to eliminate split zoning lots on the island and Mr.
Smith has volunteered to do that on his own with this property. Staff recommends approval.
Commissioner Bossick asked if the R-2 lot will be non -conforming if we approve. George Shaw
stated yes it will make it non -conforming. Commissioner Bramble stated Jones Avenue is a high
traffic area. Thomas A. Smith III who lives at 216 East Point Drive, Talahi Island approached the
planning commission and stated he has been taking care of all the issues Planning Commission wanted
him to do and it seems everything keeps changing. He also stated he has seven year round properties
on Tybee already and has repaired this property to be a long term also. This lot in question is already a
commercial lot. Keith Gay who lives at 16A Twelfth Place Tybee Island approached the Planning
Commission and stated he would like to suggest that Planning Commission assist Mr. Smith in getting
this resolved to separate the property so he can utilize it in different ways. And this will also help the
City accomplish trying to get this property conforming. Mack Kitchens approached the Planning
Commission and asked how much of the lot is commercial. George Shaw stated the entirety of the
proposed lot is commercial. Commissioner Matlock made a motion to approve. Commissioner
McNaughton seconded. The vote to approve was three for and two against. Motion to approve
carried.
Fee
Commercial $500
Residential $200
CITY OF TYBEE ISLAND
ZONING VARIANCE APPLICATION
This is an application for a variance from the City of Tybee Island Land Development Code
Applicant:
Telephone #: —Email Address:
*Note: If the applicant is not the property owner as listed on the property deed, a letter from the listed owner(s), including a telephone
number and address along with any other relevant information, authorizing the applicant to act in their behalf must be included in the
application,
PROCEDURE
Application Requirements
All applications must be complete including required supporting documents. Drawings or surveys should
be 11"' X 17" or larger. Incomplete applications will not be accepted and will delay review.
Application Deadline
Applications are due by 4:00pm of the last day of the month before the next scheduled Planning Commission
meeting.
ARVRQVQn Submittal
Return one copy of this completed application and all supporting documents to: Tybee Island Planning and
Zoning City Hall 404 Butler Avenue / P.O. Box 2749 City of Tybee Island, CA 31328
Application Public Hearings
Applications will be heard at a public hearing with the Planning and Zoning Commission in preparation for a
recommendation to City Council on the third Monday of each month and then the final decision with City
Council on the second Thursday of the following month. Both meetings will be at 7:00pm at the Public Safety
Building 78 Van Horn Drive.
Property Address (Or General Location Description if no Address Assigned):
Tax Map/Parcel ID#: Current Zoning:
Existing use of Property:
Proposed use of Property:
Has the property been denied a variance in the past 12 months? If so, please provide brief details:
1. Does the requested variance change the Tybee Island character designation for the property? If so, provide
a brief explanation.
2. Please explain the purpose of the requested variance and the i
if the variance is granted.
3. Please explain the specific provision
variance is requested.
4. Per the Tybee Island Land Develol
variance from the terms of the Land
directly upon the particular evidence
each of the criteria listed below. Plea
A. The need for a variance arises
structures and buildings involved.
pment Code from which the
�, the Tybee Island Planning Commission shall not approve a
int Code unless it has made specific findings of fact based
and supporting written conclusions that the variance meets
how the requested variance meets each of the following:
the condition that is unique and peculiar to the land,
B. The variance is necessary because the particular physical surroundings, the size, shape or topographical
condition of the property involved would result in unnecessary hardship for the owner, lessee or occupants as
distinguished from a mere inconvenience.
C. The condition requiring the requested relief is not ordinarily found in properties of the same zoning
district as the subject property.
D. The condition is created by the regulation in the Tybee Isla
action of the property owner or applicant. I
E. The granting of the requested variance will not
J J—
F. The variance requestecll��
building or structures.
Development Code and not by the
r of fire, endanger the public or
5. Please explain how the proposed variance is consistent with the general spirit of the Tybee Island Master
Plan,
Miacent Proaeft Owners
Please list all current owners of properties located immediately adjacent to or directly across the street from
the subject property. This information may be obtained from the Chatham County Tax Assessor's office (912)
652-7271 or by using their website at www.boa.chathqm.���QM The accuracy and completeness of this
information shall be the responsibility of the applicant.
Property owners name and mailing address:
1.
2.
3.
4.
5.
6.
7.
8. -
9.
10.
11.
12.
13.
14.
15.
16.
17,
18,
19,
M
21.
NOTE: This application must be accompanied by additional documentation, including drawings that include or
illustrate the information outlined below.
REFERENCE DESCRIPTION
5-040 (D) (1) Site plan and/or architectural rendering of the proposed development depicting the location
of lot restrictions.
5-040 (D) (2) Narrative describing the hardship and the reason for the variance request. (Hardship means
the circumstances where special conditions, which were not self-created or created by a
prior owner, affect a particular property and make strict conformity with the restrictions
governing dimensional standards (each as lot area, width, wetbacks, yard requirements, or
budding height) unnecessarily burdensome or unreasonable in light of the purpose of this
code. Unnecessary hardship is present only where, in the absence of a variance, no feasible
use can be made of the property.)
Explain the hardship:
5-040 (D) (3) A survey of the property signed and stamped by a State of Georgia certified land surveyor.
5-090 (A) (1) That there are unique physical circumstances or conditions beyond that of surrounding
properties, including:
irregularity;
narrowness; or,
shallowness of the lot shape; or,
exceptional topographical or other physical circumstances, conditions, or
considerations related to the environment, or the safety, or to historical significance, that is
peculiar to the particular property; and;
5-090 (A) (2) Because of such physical circumstances or conditions, the property cannot be developed in
strict conformity with the provisions of the Land ` Development Code, without undue
hardship to the property.;
NOTE: Provide attachments illustrating conditions on surrounding properties and on
the subject roperty, indicating uniqueness, etc.
5-090 (B) If this variance application is for a Height Variance, in addition to other requirements, the
petitioner shall be required to:
Add two feet to each side yard setback for each one foot above 35 feet in
height, and,
Have safeguards consisting of sprinkler systems, smoke detectors and other fire
protection equipment deemed necessary at the time by the Mayor and Council,
it yard abuts a side yard of the adjacent lot, the petitioner shall be
add two feet to the rear setback for each foot above 35 feet height.
The Applicant certifies that he/she has read the requirements for Variances and has provided the required
information to the best of his/her ability in a truthful and honest manner.
Signature of Applicant
Date
5-090(C) Variance longevity. After a variance has been granted by the mayor and council it shall be valid for a period
of 12 months from date of approval. Such approval is based on information provided in the application. Building
permits may only be granted for plans consistent with the approved application. Any deviation from the information
submitted will require separate approval by the mayor and council.
CERTIFICATION AND AUTHORIZATION
I hereby certify that, to the best of my knowledge and belief, the above listed information and all attached
supporting documents are complete and accurate. I understand that this application will require a public
hearing by the Tybee Island Planning Commission and City Council, I have been made aware and I hereby
acknowledge this scheduled hearing date/time and location where this application will be considered, and I
promise that either myself or my authorized representative will be in attendance at this hearing. I also
understand that review of this application will require a site visit, and I hereby authorize City staff and
members of the Planning Commission and City Council to enter and inspect the premises which are the
subject of this application,
Signature of Applicant
ME
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
Signature of Applicant Date
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
IF YES, PLEASE COMPLETE THE FOLLOWIN
NAME OF CONTRIBUTIONS GIFTS DATE OF
GOVERNMENT OF $250.00 OF $250.00 CONTRIBUTION
OFFICIAL OR MORE OR MORE
IF YOU WISH TO SPEAK C
THIS FORM MUST BE FIL]
PRIOR TO PLANNING CW
GIFTS IN EXCESS OF $250
PLANNING COMMISSION
Signature
Printed Name
Date
ONCERNING THE ATTACHED REZONING APPLICATION,
;D WITH THE ZONING ADMINISTRATOR FIVE (5) DAYS
IMISSION MEETING IF CAMPAIGN CONTRIBUTIONS OR
00 HAVE BEEN MADE TO ANY MEMBER OF THE
YOR AND COUNCIL.
Sec. 5-090. Variances.
(A) Standards After an application has been submitted to the zoning administrator, reviewed by the planning commission, and a
public hearing has been held by the mayor and council, the mayor and council may grant a variance from the strict application of
the provisions in this Land Development Code only if the following findings are made:
(1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including irregularity,
narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, peculiar to the
particular property; and,
(2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the
provisions of this Land Development Code, without undue hardship to the property.
(B) Height variances. For height variances, in addition to other requirements, the petitioner shall be required to add two feet to each
side yard setback for each one foot above 35 feet in height and have safe -guard consisting of sprinkler systems, smoke detectors
and any other fire protection equipment deemed necessary at the time by mayor and council. Where a rear yard abuts a side yard
of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above the 35 feet height, and
have safe -guards consisting of sprinkler systems, smoke detectors, and any other fire protection deemed necessary at the time by
mayor and council.
(C) Variance longevity. After a variance has been granted by the mayor and council it shall be valid for a period of 12 months from
date of approval. Such approval is based on information provided in the application. Building permits may only be granted for
plans consistent with the approved application. Any deviation from the information submitted will require separate approval by
the mayor and council.
(D) [Reviewing variance applications.]The staff, planning commission, and governing body, shall consider the factors stated herein in
reviewing variance applications in taking action on a particular variance. In exercising the powers to grant variances, the mayor
and council may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the
requirements of these regulations.
(E) [Application approval.] Notwithstanding any otl
department through its department head may
the need of review by the planning commission
I. When either of the following circumstances
a. The proposed improvement of alter
structure; or
b. No additional encroachment into any
II. When each of the following circumstances
a. No encroachment or construction of
elevation; and
b. The requested improvements or cons.
This subsection shall have specific application to exist
If the staff of the building and zoning depart
request review by the planning commission
commission's determination shall control. Fo
necessary. If the staff of the building and zor
a variance which will follow the procedures a
and 3-090 as well as the public hearing requi
commission and the planning commission re
procedure applicable to such request before i
s of the Code of Ordinances, the staff of the community development
lications for variances without the need of public hearings and without
)r and council as, follows:
an expansion of the existing footprint of the existing
setback shall be created by the proposed improvement, construction or addition.
also exists:
habitable space or other prohibited improvements will exist beyond the flood
will not violate existing zoning provisions.
onforming structures as referred to in section 3-020.
Finds that the request needs or should have additional review for any reason, it may
the request is approved or rejected by the planning commission then the planning
)oses of this section, a public hearing before the planning commission shall not be
apartment declines an applicant's request the applicant may apply for the granting of
ble to variances in general specifically, those procedures described in sections 3-020
its referred to in section 5-060. In the event the staff request review by the planning
the request, the applicant may apply for the granting of a variance and follow the
and council.
(F) Compliance with ordinances. Notwithstanding any other provision of the Code of Ordinances, no application for a variance may be
accepted nor may any variance be granted with respect to any property that is then not in compliance with the requirements of
ordinances for the condition on which the variance is sought, unless the applicant files with the application a detailed written
explanation of how, when, and by whom the need for a variance was created. In such a case, the planning commission shall make a
recommendation to the mayor and council as to whether the variance should be approved or rejected or modified and the mayor and
council, following a public hearing, may approve, reject or modify the variance request. In the event property is constructed in violation
of the ordinances, the violation status remains until such time as the condition is rectified and placed in conformity with the ordinances.
Violations of the ordinances may be subject to the enforcement provisions of this Code and all penalties permissible by law. A variance
that is granted under this Ordinance does not excuse prior violations including those that have resulted or may result in enforcement
action by the City of Tybee Island.
(Ord. No. 1999-27, 8-12-1999; Ord. No. 2002-08, 5-9-2002; Ord. No. 2002-08 Variances, amended 8-29-2001;
Ord. of 8-11-2005; Ord. No.14-2010, 8-26-2010; Ord. No. 57-A-2014, § 1, 12-11-2014)
W40 • • �
STAFF REPORT
PLANNING COMMISSION MEETING: November 18,2019
CITY COUNCIL MEETING: December 12, 2019
APPLICANT: City of Tybee Island
EXISTING USE: N/A
APPLICATION: Amendment to Article 4, Section 4-050(L) Maritime District.
PROPOSAL: To eliminate passenger cruise line from uses permitted after site plan approval and special review.
ANALYSIS: This amendment is an effort to eliminate a potential use that the City has deemed incompatible with
the size of Lazaretto Creek and the bridge to Tybee.
STAFF FINDING
Staff recommends approval
ATTACHMENTS
A. Amendment
0
This Staff Report was prepared by George Shaw.
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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, 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 4.05(L) Maritime District
so as to delete Subsection (L)(1)(1) passenger cruise lines as a permissible use after site plan
approval, and
WHEREAS, the governing authority desires to amend such section and subsection so as
to add a requirement of special review for uses in the Maritime District,
NOW, THEREFORE, be it resolved and it is hereby ordained by the governing authority
of the City of Tybee Island as follows:
Uwaff BMW
Section 4-050(L) Maritime District is hereby amended so to eliminate subsection (L)(1)(1)
allowing Passenger cruise line and hereafter such subsection shall be a "reserved" use.
axe-1KINF-i
The governing authority of the City of Tybee Island hereby amends Section 4-050(L)(1)
Maritime District so as hereafter such section shall read as follows:
(1) Uses permitted after site plan approval and special review. In the maritime district,
land may be used and buildings or structures may be erected or used for the land uses listed below
after special review and site plan approvals have been granted by the mayor and council:
a. Boat launching facilities;
b. Bait shops; and
C. Retail sale of boating provisions;
d. Aquaculture projects;
e. Assembly hall, club, or lodge;
f. Boat building and repair facilities;
9. Commercial charter or sightseeing watercraft facilities;
h. Commercial fishing and crabbing;
i. Government buildings;
j . Marine;
k. Recreational activities carried on wholly within a building including theaters, dance
halls, and activities of a similar nature;
1. Reserved.
m. Private or • .•
n. Public utility structures;
0, Wholesale/retail seafood/sales/warehouses;
P. Restaurant — (no alcohol) — limited to sit down facility with no drive through;
q. Restaurant, sit down facility which serves alcoholic beverages (must have council
approval for liquor, beer, wine, and Sunday sales) and no drive through;
r. Watercraft rentals.
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.
4• �§
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on day of 92019.
ADOPTED THIS DAY OF 2=
CITHM
CLERK OF COUNCIL
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