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HomeMy Public PortalAbout19980910CCMeeting1 1 1998 -09 -10 City Council Minutes Mayor Walter W. Parker called the September 10, 1998 Council meeting to order at 7:30 P.M. The following members of Council were present: Ed Merves, Jack Youmans, Anne Monaghan, Donald E. Anderson, Jr., Michael A. Hosti, and Mallory Pearce. City Attorney Edward Hughes and City Manager Bill Farmer were also present. The Reverend Lee Bennett gave the invocation. The Pledge of Allegiance was recited. Mayor Parker reminded anyone who wishes to speak on the rezoning petition that they must sign a disclosure form and hand it in to Angela Byers. Mayor Parker asked the family of George McDonald to come forward. Mayor Parker introduced Mrs. Carolyn Bates, George's sister, and Mrs. Mary Locklear, George's niece. Mayor Parker read a resolution of respect in honor of George's monumental achievements and exemplary life. Mayor Parker presented this resolution to Mrs. Carolyn Bates. Mr. Gordon Morrow announced that a fund raiser will be held Saturday, September 12, 1998 from 9 A.M. until midnight at the Marlin Marina to help with the repair of the docks that were damaged during the freak storm created by Hurricane Earl. Morrow said that the marina has no insurance. Mayor Parker opened the meeting for business legally presented. Mayor Parker opened, asked for comments and closed the following seven public hearings according to law: 1. Site Plan Review petitioned by Gene Glisson for a 60 unit motel at 16 Tybrisa Street - PIN #s 4- 8 -3 -12, 12A, 16. Mr. Glisson said that he has run the amusement park for the past 33 years and that it is time to do something else. Glisson said that the Planning Commission recommended greenery be added to the site plan. There will be greenery on the top bannister and on the walkways there will be planters. The motel will be blue and tan in color and it will have 4 small, cheap signs advertising that it is a Super 8 motel. Mayor Parker questioned the parking. Glisson said that there are 77 spaces with valet parking and 61 spaces for 60 rooms. Of that 61 there are 4 handicapped parking spaces. Pearce said that he is glad that Glisson is paying attention to green space. Monaghan asked about the access to the parking. Glisson said that Atlantic is a city owned street that is 30 feet wide but is not paved the entire 30 feet. Glisson said that the delivery trucks park in the middle off the street and block traffic like they own the street. Glisson said that he will take care of this problem. Monaghan asked where the signs will be placed. Glisson passed a drawing showing that the signs will be on the motel itself. Don Harris questioned the water pressure on the south end of the island. Parker said that the engineers, the fire chief and the water sewer director all assured the city that there is enough pressure to handle the motel. Youmans said that the Fire Chief asked him to tell council that with the 12 inch line that was laid in the past two years there is as much pressure there as anywhere on the island and that he does not have a problem. Penn Myrick said that anyone can go by the fire station and that Chief Brown can do a pressure test and show what your water pressure is on your street. Glisson thanked Angela and the city for all their help. Youmans moved to approve the site plan for Glisson. Merves seconded. Hosti stated that he and his wife rode the last ferris wheel ride Sunday night. Hosti said the believes that Glisson will do a good job. Vote by Council was unanimous. 2. Major Subdivision petitioned by Barney Paderewski for the Pine and Maple Street area for 8 single family residential lots - PIN #s 4- 3 -1 -8, 16, 16A. Zoning Administrator Byers explained the major subdivision and stated that with the power outage last week that the engineers for Paderewski could not complete the plans. Byers said that Paderewski requested that any decision be postponed until the next Council meeting. Mrs. Betty Cowly asked if the public will be allowed to ask questions at the next meeting. Parker answered yes. Mr. Tony Abbott said that he is concerned with the drainage. Parker said that Byers will call Abbott when the engineering plans are delivered to City Hall. Rachel Perkins said that if Pine Street is opened that the City will be losing a large green space area, because a forest of trees would become an opened cleared street and that the City should have a plan to replant trees in another area. Mrs. Joy Warshaw questioned the ditch/canal behind her property. Downer Davis, engineer for the project, said that there will be some culverts and the ditches will be cleaned out Locklear asked about the DNR jurisdiction? Byers said that there is a letter from Tom Miller of the DNR concerning Maple Street. Locklear asked if the we have permission to put the drainage into the marsh as Edith Hodges claims she owns the marsh. The decision on this petition was postponed until the next City Council meeting, by 1 general agreement among councilmembers. 3. Major Subdivision of Phase 3 of Eagles Nest petitioned by Ed Towns PIN #s 4- 19 -2 -12. John Kern, engineer for Eagles Nest, presented the plan stating that a prior subdivision for this property was approved for 20 lots but that this petition is for 13 residential lots. No one spoke for or against. Youmans moved to approve the subdivision. Anderson seconded. Vote by Council was unanimous. 4. Variance for lot reduction for construction of a duplex petitioned by Frank Drudi PIN # 4- 5 -3 -2. Mr. Dick Smith presented this to Council stating that the reduction would be about 7 %. The single family home located on the property now encroaches on 3 setbacks. The lot is zoned for a duplex but lacks the lot size. Youmans said that Mr. Howard Arata came to see him and said that he was all for the variance but could not be at Council tonight. No one spoke for or against. Youmans moved to approve the variance. Merves seconded. Vote by Council was 4 in favor (Merves, Youmans, Anderson, Hosti); 2 opposed (Monaghan, Pearce). 5. Variance Extension on Non Conforming use petitioned by Gordon Morrow PIN # 4- 5 -7-4. Mr. Morrow maintained that this is needed in order to extend the porch up. Hosti asked the size. Morrow said about 5 feet out and 8 feet long. Hosti moved to approve the variance. Anderson seconded. Vote by Council was unanimous. 6. Height Variance of 4 feet for a widow's walk petitioned by Leo Sheehan PIN # 4- 12 -3 -2. Zoning Administrator Byers presented petition at the request of Mr. Sheehan who was detained and could not be present. Ms. Byers stated that there is more than ample land for the setback requirements and that Sheehan is also requesting relief from the requirement to sprinkle as this is non - habitable living area. No one spoke for or against. Gordon Morrow said that his relative Dr. Nettles petitioned Council for the same variance about a year ago for his home in Seaside Colony and was denied. Morrow asked if Nettles can repetition Council. Parker said that if it has been over one year. Youmans stated that the petition before Council tonight has no objection from neighbors like the Seaside Colony issue had when it came before Council. Youmans moved to approve the height variance and the relief for sprinkling. Anderson seconded. Vote by Council was unanimous. 7. Zoning Map Amendment Petition by Hogan and Risher was presented by Attorney Brooks Stillwell. Mr. Stillwell offered a site plan outlining the types of structures already existing in the neighborhood of Ocean View, saying that the property in question is surrounded by R -T property and nursing homes. He said that the only vacant adjacent parcel not zoned R -T is owned by Phil ODell who has submitted a letter saying he has no objection to the rezoning. He offered the developers' willingness to relinquish any rights to the unopened right -of -way of Rosewood Avenue, saying it could, if the city chooses, become a permanent buffer zone for Officers' Row and Sea Colony. Mr. Stillwell reminded Council that, over a year ago, the owner Tom Grey came before them for a rezoning which was denied. He stated that the two undeveloped lots would allow up to 25 units under R -T zoning, and he considers the request for R -2 to be a generous compromise, allowing 4 units in 2 duplex structures which would be very compatible with neighboring properties. Speaking of storm drainage, he said the required site plan will have to include a drainage plan which could improve area drainage. Mayor Parker questioned whether Tom Gray presently owns the property. The answer was affirmative, with the explanation that Hogan/Risher are agents for the owner. Mr. Stillwell offered his opinion that the property is worth much less as presently zoned (R -1). Councilman Pearce requested that the map be passed around the Council table and it was. Councilman Youmans asked when the rest of the area was rezoned R T and Angela Byers answered, "The late 70s ". In response to the Mayor's invitation, the following speakers, each of whom had submitted disclosure forms, expressed opinions. Speaking against were Carl Looper, Don Harris, Jim McCusker, Betty McLlendon, Tony Scarboro, Dottie Kluttz. They expressed concerns about heavier traffic, more density, loss of green space, storm drainage problems, and eroding the ambiance of the historic district. Henry Levy, a resident of Sea Villas spoke of the letter received by Planning Commission members, which he considered "threatening ". He expressed the opinion that the City Council is "between a rock and a hard place" when considering this petition. He said they should ask themselves, "What is best for Tybee?" Speaking in favor of rezoning were: Shel Solomon, Bonnie Gaster, Anne Carroll. Mayor 1 1 1 Parker noted that several letters have been received, some of which were then read into the record. All are a part of the record. City Attorney Edward Hughes instructed Council, making reference to the zoning folders before them and expressing the opinion that a decision either way will not, in his opinion, be spot- zoning. A question was raised from the audience about improper notice, and the Zoning Administrator answered that the notice was a courtesy, and is not required by city ordinance. Councilman Pearce moved to deny the petition, Councilwoman Monaghan seconded, and the vote was 5 to 1, with Councilman Youmans casting the dissenting vote. Pearce moved to accept the August 25th Council minutes as presented. Anderson seconded. Vote by Council was unanimous. City Manager Farmer explained to Council about benefits for part time employees and what considerations would be applicable. Hosti moved that Farmer develop an ordinance to bring before Council at the next meeting. Pearce seconded. Hosti stated that no health benefits should be included. Youmans said he is 72 years old and has worked plenty of part time jobs and that none of them offered any kind of benefits. Youmans said that the part time employees get more per hour because they do not get benefits and are the wages going to be reduced if benefits are offered. Monaghan said that maybe a compromise could be worked out. Merves asked how are these part time personnel paid. Farmer said for the hours worked. It was noted that the Department Heads were not in favor of this idea. Voting in favor of the motion were Monaghan, Anderson, Hosti, Pearce; voting against was Youmans. Merves abstained from voting. Pearce moved to into executive session to discuss litigation. Anderson seconded. Mayor Parker reconvened the regular meeting. Youmans moved to grant a $300.00 a month increase in retainer to City Attorney Hughes. Pearce seconded. Monaghan said that she would like to see research and comparisons to other cities. Vote by Council was 5 in favor (Merves, Youmans, Anderson, Hosti, Pearce); 1 opposed (Monaghan). As there was no further business to come before Council Mayor Parker adjourned the meeting. a Walter W. Par yor Walter W. Parker 1 1 R E S O L U T I 1 0 N O F R E S P E C T WHEREAS, on the Twenty -ninth day of July, 1998 A.D., death brought to a close the long and active life of Mrs. George Leigh McDonald; and WHEREAS, George McDonald lived through exciting times in the history of Tybee Island, Savannah and the State of Georgia, with storied experiences along the way - a member of the first American Girl Scout troop organized by Juliet Gordon Lowe, riding the train to Tybee as a girl and dancing on the Tybee Pavilion to the big band sounds of the 20s; and WHEREAS, Gecrge McDonald has, through her zest for the life of this community, earned the respect and admiration of several generations of Tybee Islanders, serving as Chairman of the Tybee Island Planning Commission pioneering the first efforts to produce a Master Plan for the island in the early 80s; and WHEREAS, She also led residents in a successful grass- roots effort to restore the name "Tybee" - with all its historic significance - to the town, a movement that required special legislation by the Georgia General Assembly; and WHEREAS, The stature she attained in the community by her monumental achievements and exemplary life, was recognized in her lifetime; and will be remembered in years to come; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE CITY OF TYBEE ISLAND DOES, BY THIS RESOLUTION AND PUBLIC RECORD, RECOGNIZE THE CONTRIBUTIONS AND PROFOUND INFLUENCE OF THIS GREAT LADY ON OURSELVES AND OUR CITIZENS, AND THAT THE LOSS OF MRS. GEORGE LEIGH MCDONALD IS A HEARTFELT LOSS, NOT ONLY TO HER FAMILY, BUT ALSO TO THE ISLAND HOME SHE LOVED. THIS ) DAY OF MAYOR t- , 1998. , CLERK OF C O U 1 RICHARD L. OROSSE �nuv,a '9 a,„/ _ Grp E /� J1/7�t QG4.( .04/ / cgi Riftk4r7 pn /' ea% • )3P 44)) , 2 fair, i/b•c-, 0174-‘46AP .C./P7ee.9*-el ? 1 41`e atiofyt Mas,_"5:v4 s' 5,4--e, m �p �1 v" � jaded? 4 giel9r4 t�Yl e . a *pew-we /��- Ji pry (2) R-1 is Ter .0 5644 _7-7) )921 .6i/d ./Y41 )dam D P9e'y s994 W �aX /a /y - € ctiba _fd rdt ) v;iy, �d Ced,e,4 Loe .etaJe 4 7 iP304, aJe Ls/ /iC 'C � � f2C IS a 1349,0//)f � e y � ` 4,9"41 ; r nol.r O'ejl 124t? / Y' GK'S eDO,s9/s-A'` 4-f z41(e da?.57 ,>/, 4d1-3 � �S � c i s Jte r Air)-11 4nG���47,- 1 1 LINDA W DOMINY WILLIAM S. DOMINY 13 Fleetwood Court Tybee Island, Georgia 31328 Phone: (912) 786-7545 September 8,1998 DELIVERY BY FED-X TO: RE: Jacquelyn R. Brown Zoning Map Amendment To Change Existing Zoning PIN: 4- 3 -10 -3; 10 Oceanview Court Dear Ms. Brown: My wife and I will be unable to attend the Zoning Map Amendment Hearing in Tybee Island on Thursday, September 10,1998. Our home is the last unit in Oceanview Villas and directly overlooks Lot 3. Our lot also is adjacent to a city maintained water run-off and flood control area next to Rosewood Avenue (closed) at Fleetwood Court that would be directly impacted by over development of Lot 3. However, we would like to state our objections to this Zoning Map Amendment from R -1 to R -T (or R -2) for the following reasons: 1. Precedent Set for Re- Zoning Lots 1, 2, and 10. This would undermine the residential character of the neighborhood. Petitioners might later seek to open Rosewood for access and parking. Future petitioners would have a precedent for petitioning city to open Rosewood and to provide sewer, water and utilities, all at tax paver expense. 2. Blocking of light, access easements to adjoining landowners. Multi-story buildings would effect current residents' enjoyment of their property and would create a problem with tourists seeking access to the beach from Lot 3 over current residents' easement. 3. Flood Control /Environmental Issues. There already is major water run -off adjacent to Lot 3. 4. Parking layout problems, noise and increased traffic causing problems of egress and ingress for residents 5. Height of Buildings 6. Impact of Development/Height Restrictions/Buffer Zoning 7. Topographical Study: Not Conducted 8. Environmental Review: Not Conducted 9. Neighborhood Trends: Not Conducted 1 1 1 Page Two Zoning Amendment Hearing This Zoning Amendment would change the entire character of the area by increasing density and by overbuilding. We state our objection to "spot" zoning a single lot for different treatment than that accorded to surrounding land of the same character for the economic benefit of a particular owner. The property was zoned R -1 when it was purchased. There is much more precedence for the continuation of R -1 zoning than there is for rezoning to R- T. The purpose of this amendment application is clear: To chance a primarily residential area to commercial/rental to the detriment of the existing homeowners. The current adjoining homeowners purchased their property relying on the fact that the area would remain residential. It is my understanding from talking to individuals who attended the Planning Commission Hearing that there were no plans, renderings or site plan presented for public review. This does not appear to comply with O.C.G.A. 36 -67 -3 which lists those matters that the planning commission is required to consider. We have not been advised of any such findings. Nor does O.C.G.A. 36 -67 -5 appear to have been complied with by the owner /developer. I would also like to note that this project was improperly noticed for public hearing by using the incorrect date on the notification from the City. This, alone, would merit a continuation until proper notice could be obtained. The purpose of the hearing is to present evidence concerning the petition. It is our contention that the owner /developer has not carried its burden of providing a preponderance of evidence to merit the Re- Zoning and does not meet the minimum standards set forth in O.C.G.A. 36 -66-2 (a) and (b). For all of the listed objections, it is further stated that even a change to R -2 is not merited. It is our contention that this Hearing cannot be the basis for a change to R -2 or any other designation without a rehearing. It is clearly only to the benefit of the owner of this particular property and not to the adjoining landowners. Therefore, it is our contention that this Zoning Amendment be DENIED and that no other consideration for zoning amendment be given under O.C.G.A. 36-6 -4 (c). If there is a provision for further study, then we would ask that a 90 day extension be granted in order to adequately study these issues. S Dominy Linda W. Dominy `ilk— �',�li ►�_ �, 1 1 1 AMENDMENT TO ZONING PETITION OF HOGAN- RUSHER PROPERTIES The petition before this board or commission is to rezone certain property located at Tybee Island, Georgia ( "Property") arid more particularly described as follows: Lot 2, Ocean View Subdivision, Fort Screven Ward, Tybee Island, Georgia. The portions ofthe City ofTybee Zoning Ordinance as applied to the subject Property which result or may result in a denial of approval of the attached petition are or would be unconstitutional in that they would destroy the Applicant's property rights without first paying fair, adequate and just compensation for such rights, in violation of Article I, Section I, Paragraph I of the Constitution of the State of Georgia of 1983, Article I, Section III, Paragraph I of the Constitution of the State of Georgia of 1983, and the Due Process Clause ofthe Fourteenth Amendment to the Constitution of the United States. The application ofthe City of Tybee Zoning Ordinance to the Property which restricts its use to any use other than as requested by the Applicant is unconstitutional, illegal, null and void, constituting a taking ofApplicant's Property in violation ofthe Just Compensation Clause ofthe Fifth Amendment to the Constitution of the United States, Article I, Section I, Paragraph I, and Article 1, Section III, Paragraph I ofthe Constitution ofthe State of Georgia of 1983, and the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the Constitution of the United States denying the Applicant an economically viable use of its land while not substantially advancing legitimate state interests. A refusal to approve the petition as proposed would constitute an arbitrary and capricious act without any rational basis therefore, constituting an abuse of discretion in violation of Article 1, Section I, Paragraph I of the Constitution of the State of Georgia of 1983, Article I, Section III, Paragraph I of the Constitution of the State of Georgia of 1983, and the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States. A refusal to approve the petition as proposed by the Applicant would be unconstitutional and would discriminate in an arbitrary, capricious and unreasonable manner between the Applicant and owners of similarly situated property in violation of Article I, Section I, Paragraph II of the Constitution of the State of Georgia of 1983 and the Equal Protection Clause of the Fourteenth Amendment to the Constitution ofthe United States. Any approval ofthe development ofthe subject Property subject to conditions which are different from that requested by the Applicant, to the extent such different conditions would have the effect of further restricting Applicant's utilization of the subject Property, would also constitute an arbitrary, capricious and discriminatory act would likewise violate each of the provisions of the State and Federal Constitutions set forth hereinabove. A denial of this application or approval subject to more restrictive conditions than those requested by the Applicant will give rise to a claim by the Applicant for monetary damages in the amount of the diminution in value of the Property caused by the restrictions, on the theory, among others, of inverse condemnation in that the Applicant's Property has been taken without the payment .of just compensation in violation of the Just Compensation Clause of the Fifth Amendment and the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the Constitution ofthe United States and Article 1, Section I, Paragraph I and Article I, Section III, Paragraph I of the Constitution of the State of Georgia of 1983. This notice is being given to comply with the provisions of O.C.G.A. §36 -33 -5. Respectfully submitted, [2040864} 2 L Eric E. Hogan, Jr. Agent for Applicants • Dated: 1- ?'g •