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HomeMy Public PortalAbout19990419SCMeeting1 1 1 @ @ITEM 1999 -04 -19 Special Called Council Meeting Mayor Walter W. Parker called the Special called Council meeting to order at 7:30 P.M. announcing that this meeting agenda was very long and all public hearing would be heard. 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 Hughes and City Manager Farmer were also present. Mayor Parker asked the Reverend lee Bennett to give the invocation with the Pledge of Allegiance to follow. Mayor Parker requested that anyone wishing to address Council on an urgent matter not pertaining to the Public Hearings to come forward. Mayor Parker read a letter from Mr. And Mrs. W.W. Schaller concerning Lt. Trey Alley and Detective Mike Hogan, stating what wonderful officers Tybee has and how sad they were to learn of the tragic accident that took the life to Lt. Alley and injured Detective Hogan. Enclosed in the letter was a check for the Trey Alley Children's Fund. City Attorney Hughes said that there are a number of Public Hearings on various matters concerning the Land Development Codes and that on the table in the back are the rules and procedures and the standards that govern Mayor and Council. Hughes said that in July of 96 a law was passed giving equal time to each side, not less than 10 minutes each. Hughes said that anyone wishing to address Council on the rezoning petition or the map amendment must fill out a Financial Disclosure Form if they donated $250.00 or more to a candidate or did not make such a donation. Mayor Parker opened the following public hearings, asked for comments, and then closed the hearings according to law. Michael Bailey presented the DeSoto Beach Club height variance petition for 4 feet in order to put a parapet wall to hide the A/C units. Bailey stated that it would create a better looking building, also will help with safety issues. Pearce asked if the setbacks are being met for the height of 4 feet. Bailey answered no, not at this time, but that there is a dedicated easement on the north side. Bailey said that the site plan stands as presented. Parker asked if all the units have been sold. Bailey answered yes. Pam O'Brien said that the Planning Commission voted 6 to 2 for denial and stated the ordinances did not meet requirements in order to qualify for a variance. Jeanne Hutton asked questions concerning the firewalls. Bailey said that they were in compliance with the building code. Hutton also asked about the construction material and the windows. Bailey said that the windows are type 4 construction. Dennis McNeely and Sally Keller spoke in favor of the variance. Rachel Perkins spoke against Phil O'Dell presented his petition for the rezoning of his property at 9 Rosewood from Rl to RT stating that the neighborhood is mostly multi - family. Pearce asked O'Dell why he was requesting the change? O'Dell said to conform with the rest of the neighborhood stating that his house is the only single family in that area. Tony Scarwid opposed the request for Rl to RT quoting state law concerning burden of evidence, safety and drainage. Scarwid said that this is not in the best interest of Tybee or the neighborhood. Chuck Jones said that he has a quadplex sitting on 8 single - family lots and he is against. William Rusher showed a map to Council showing the multi- family units surrounding this property and supports the change. Dottie Kluttz spoke against the change stating that Hogan had come before Council a few months ago and requested that 1 1 1 his property be rezoned and she sees this as all in one. Dottie Kluttz said that the area has been spot zoned and that the residents have asked over and over for Council not to do this type of zoning, now the area is considered RT and the nursing home is being considered single - family and it is not. Youmans said that he has a copy of a 1986 lawsuit with the judge ruling that everything should be RT. Jim Kluttz asked Zoning Administrator Byers if she was able to find the PUD and RT in the minutes. Byers answered that she could not find anything so far. Jim Kluttz said that he could go along with 2 family homes but not with the minimum of 8 units that could be built if it was rezoned RT. Rick Hogan said that he goes along with Dottie Kluttz concerning the area being a RT neighborhood. Hogan said that he has not talked with O'Dell concerning development of the two properties, so be careful of what you say. Parker asked Hogan where he lived. Hogan said that he owns a home in Swainsboro but considers 68 Captain View as his main residence and that he votes in all the elections here at Tybee. Tony Scarwid said that in front of Hogan is PUD and not all of the area is RT. Pearce said that the lawsuit did not state that all the property should be RT. Youmans said he begs to differ with Pearce and read a portion of the lawsuit. Hughes explained the judges' order on the lawsuit. Bill Moore stated that he objects to the rezoning. Moore said that within 1 /3rd of a mile that there are 15 single family homes. Jim McCusker said that he opposes because of the vagueness of the request. McCusker said that it is mostly single family with congested streets and flooding already in evidence. McCusker said that this request goes against the grade of the neighborhood. O'Dell said that he has a single family home on the lot already and does not plan to tear it down but to build another single family home. O'Dell said that he has no deal with Hogan. Pam O'Brien said that planning Commission recommended denial with a vote of 6 to deny, 2 abstained. O'Brien said that they based their decision on Code section 5 -110 4, (E)(J). Phil O'Dell withdrew his request for a height variance at #9 Rosewood. City Attorney Hughes explained Land Development Code Section 8 -5 -060 (a) Public Hearing Polices and Procedures stating that this is mandated by the State of Georgia. Copies of this ordinance are on the table in the back of the room. City Attorney Hughes explained the Land Development Code on Boundaries and the Zoning District Map stating that we are trying to correct and update the map. In 94 the RDC was contracted to work with the City of Tybee Island on the updating of the land development codes and map. Council adopted the colored map in 96. We have been using the 86 map, it is hard to tell the zoning in some areas because the map is not parcel by parcel perfect. Hogan and O'Dell are among the property shown on the 96 map opposed to the 86 map. On 96 map it is shown as R2; on 86 map it is R1. The 96 map had no intention of rezoning anybody's property. The City of Tybee Island needs to put this issue to rest. Hughes encourages Council to adopt the map in some form. Hughes said that it was thought that only a few properties were involved but has discovered more and has written to these owners. Ivan McLendon said that the Reisdel property was single family to begin with and that he moved in there in 80 or 81 and it was R1 at that time. Hughes stated that the property has never been rezoned from R1. Youmans said he knows one of the reasons for the lawsuit was that it was 2 units. McLendon answered no it was not 2 units. Hughes asked if anyone has questions concerning the status of their property. Merves asked if the map on the end was the correct one. Hughes answered the closest he has seen to correct. Shel Solomon asked how many properties are involved? 1 1 1 Hughes answered 22. Harriet Simmons of 8th Street and Butler Avenue asked why don't we have a map that tells us exactly what each property is zoned. Byers answered that we attempted to do just that in 96 but it did not work out with the color codes. Byers said that Farmer took the 96 map to MPC and now it will show individual lots. Simmons asked how can you consider a variance when the property is in dispute. Hughes Answered that we have not and that the City of Tybee Island is doing the best that it can. Hughes recommends that Council adopts this zoning map with the exception of #9 Rosewood PIN 4- 3 -10 -2 and #10 Oceanview PIN 4- 3 -10 -3. Parker asked Rusher what the land was zoned when he purchased the property from Grey. Rusher said that City Hall told him R1. Rusher asked that the Council go very careful on this issue. Rusher handed out map of the area to each councilmember. Pam O'Brien said that Planning Commission members were confused by the corrections to the map and vote 6 to 2 to table. Mayor Parker opened the meeting for business legally presented to Council. Anderson moved to approve the 4 -foot height variance for the DeSoto. Youmans seconded. Vote by Council was 3 in favor (Youmans, Anderson, and Hosti); 3 opposed (Merves, Monaghan, and Pearce). Mayor Parker broke the tie by voting in favor of the variance. Pearce moved to deny the rezoning request from Phil O'Dell for #9 Rosewood from R1 to RT. Monaghan seconded. Vote by Council was 5 in favor of the denial (Merves, Monaghan, Anderson, Hosti, and Pearce); 1 opposed (Youmans). Pearce moved to adopt LDC Section 8 -5 -060 (a) Public Hearing Policies and Procedures on its first reading. Anderson seconded. Vote by Council was unanimous. Pearce moved to adopt the zoning map on its first reading. Merves seconded. Youmans said that we should wait until we have all the facts. Merves questioned what facts? Hughes stated that the City is already in litigation now and that we need a map without that area included at this time. Monaghan amended the main motion by not including the two areas in litigation. Hosti seconded. Merves asked for clarification from Hughes. Hughes said that the map when adopted on its first reading will be attached to the minutes of the meeting with the April 19, 1999 written on the map and also with the exception of 9 Rosewood and 10 Oceanview. Vote by Council on the amendment was 4 in favor (Merves, Monaghan, Anderson, and Hosti); 2 opposed (Youmans, Pearce). Vote on the main motion was 5 in favor (Merves, Monaghan, Anderson, Hosti and Pearce); 1 opposed (Youmans) Kathryn Williams announced that the Beach Sweep will be Saturday, April 24th. The Marine Science Center and the 4 -H Club are sponsoring events for that day also. After a long discussion from the citizens and Council, Monaghan moved to adopt LDC Section 8 -2 -101 Definitions on its first reading. Hosti seconded. Youmans read a letter from a medical journal concerning the illnesses caused by the pollen. Palm trees raise rats, roaches and snakes. Hosti said that pine is the best building material. Vote by Council was 2 in favor (Monaghan, Pearce); 4 opposed (Merves, Youmans, Anderson, and Hosti). Pearce moved to adopt the definitions on Height variance (page 5 of 13); Site plan (page 11 of 13); and Site Plan variance on first reading. Merves seconded. Vote by Council was unanimous. 1 After a very lengthy discussion on LDC Section 8 -3 -090 Schedule of Development Part A on C -1 setback only with the following people specking in favor of the change: John Hutton, Rachel Perkins, Sam Adams, Shirley Sessions, Jim Kluttz, Henry Levy, Kathryn Williams, and Paul Wolf. The following citizens spoke against any change. Jimmy Burke, Shel Solomon, Alice Martin, Sally Keller, Eleanor Rimedio, Linda Inveninato, Penn Myrick and Whitley Reynolds. Pearce moved to approve Section 8 -3- 090 Part A in its entirety. Monaghan seconded. Hughes said that this includes the maximum lot coverage; includes off street parking; single family in C -1 zone. Anderson stated that the ordinance is too excessive and he would go with 3 and 5. Merves said that he agrees with many parts but not with all, need to go section by section. Merves said that there is an alternative ordinance at the end of this packet that he proposes that he would like Council to consider adopting in its first reading. Voting in favor of the motion were Monaghan and Pearce. Merves moved to approve Section 8 -3 -090 Alternative with setback on page 18 — 1;2;3. Peace seconded. Merves withdrew motion. Hosti said that he could not go with setback for a motel/hotel at 20- 10 -10. Merves said that you need that in the C -2 but not in the C -1. Monaghan said that it needs to be somewhere in between. Monaghan moves for an amendment in C -2 -B of 15- 10 -10. Pearce accepted the amendment. The motion failed by a vote of 2 (Pearce, Monaghan) to 4 (Merves, Youmans, Anderson & Hosti). Ed Merves then presented his proposed alternative located on page 18(1,2, &3). Hosti said that he could not support setbacks proposed for hotel/motel development. Monaghan said the Planning Commission recommended 15- 10 -10, and that Ed's proposal of 8 -6 -5 is much less. Merves said he could agree with Planning Commission's recommendation for C -1 but not for C -2. He said he does not consider hotels residential. Monaghan offered an amendment for C -2B at 15- 10 -10. Youmans questioned why anyone would want a possible different setback in what could be the middle of a block of buildings. Merves said the reason for setbacks is that the city wishes to promote certain kinds of development in particular zoning districts. Hosti reminded the Council that the City Attorney advice is to take it slow, and said that he won't support this. Pam O'Brien spoke to say that the Planning Commission has not yet seen the alternative schedule proposed by Merves. Ed Merves then moved that Section 8 -3 -090, the alternative found on page 18 -1 in B, Schedule of Commercial Setbacks C -1A, C -1B, and C -1C. Mr. Hughes reminded them that setbacks for single family would require amending the allowed uses by right in C -1. Bill Farmer said that the residential uses (single family, duplex, triplex, quadriplex and multi- family) are included in Section 4, page 2 of 6. Michael Hosti offered an amendment to C -1C for setbacks of 10- 10 -10. The amendment failed for lack of a second. Vote on Merves motion to adopt 3 -090, alternative for C -1 A, C 1 B and C-1C was tied, with Monaghan, Merves and Pearce voting for the motion, Youmans, Anderson and Hosti against. Mayor Parker broke the tie with an affirmative vote, and the motion passed on first reading. Mayor Parker opened the public hearing to allow residential uses in the C -1 zoning district Section 8-4 -050 District Use Regulations. Pearce moved to approve on first reading, Merves seconded, and the vote was 4 — 2 with Anderson and Youmans casting the dissenting votes. 1 Mayor Parker then read the list of the various zoning text amendments that are scheduled for public hearing, saying he will conduct the public hearings as advertised, but voting may be delayed during the late hour. He then called on Bill Farmer to present the Schedule of Development, Part B, Minimum Green Space, Minimum Tree Canopy. Planning Commission recommended approval of the green space section, and did not recommend adoption of the minimum tree canopy. It was noted that everything already developed is grandfathered. Sally Keller said that council should consider the primary reason for green space is for soil percolation, and perhaps look at percentage of paving because wooden decks have less effect on percolation than paving. The public hearing was closed. The public hearing on the section 8 -3 -100 Beach, Dune or Vegetation Disturbance was announced. Liz Sprague and Sally Keller spoke against the proposed ordinance Pearce said this is already in the law, and Youmans asked why it needs to be added then. Youmans says he knows of 16 houses on Lewis Avenue that wouldn't have been built if the 25 -foot setback from marsh had been law. Also speaking against were Chris Solomon and Eleanor Rimedio. The public hearing was closed. The public hearing on agenda item #11, Section 8 -5 -010 Permits Required for Construction, paragraph (1) Tree Removal was opened. Bill Farmer introduced the section, saying it is to remove conflicting words, and taking out references that might conflict with other sections. Ed Merves asked if people would need only one permit, regardless of the number of trees, and was answered affirmatively. Farmer noted that there is no cost for the permit. The public hearing was closed. The public hearing on agenda item #12, Section 8 -5 -020 Permits or Actions paragraphs A through G. Explained by Bill Farmer. There was no public comment. The hearing was closed. The public hearing on agenda item #13, Section 8 -5 -040 Application for Permits or Actions, Paragraph © Additional application requirement for all site plan requirements and approval explained by Bill Farmer as primarily a checklist form to make it easier for applicants to provide all the necessary information for a site plan review and adding engineering standards. There were differences of opinion as to whether the standards should be based on Chatham County's, the City of Savannah's, or on those of the engineering firm doing the site plan review on behalf of the city. John Hutton, chairman of the Code Review Committee, said that the standards need to be identified. Angela Byers said the city needs an ordinance setting its standards. Consensus was that the word "county" would remain. The public hearing was closed. Agenda item #14, Off - street Parking Requirements paragraph a,c, and e Section 8 -3 -080 was opened by Mayor Parker and introduced by Bill Farmer. He said that this ordinance would have gone together with another section that has been rejected by Council, and suggested omission. There were no speakers from the audience. The public hearing was closed. The public hearing on agenda item #15, Site Plan Approval, Section 8 -5 -080 was heard next. There were no speakers from the audience. Bubba Hughes suggested that all variances should be approved at the same time and he believes this needs more work. The public hearing was closed. The public hearing on Section 8 -5 -090 Variance was next heard. Bill Farmer said the section contains variance standards and qualifications that include items other 1 1 1 than hardship. Bubba Hughes said we have struggled with variances, agreeing that more work is needed. The public hearing was closed. Section 8 -7 -050 Tree Removal Requirements was the subject of the next public hearing. Bubba Hughes questioned whether this section is correlated with the tree canopy section. Bill Farmer said that Council may want to keep as is. The public hearing was closed. A public hearing on Section 8 -7 -060, Significant Trees, paragraph (b) was opened. Bill Farmer said that this simply removes a conflict. There were no speakers, and the public hearing was closed. A public hearing on agenda item #19, Section 8 -7 -070 Tree Protection During Construction was held. There were no speakers from the audience. The public hearing was closed. Mayor Parker opened a public hearing on Section 8 -13 -001 Architectural Review Board. Linda Inveninato said there are no qualifications for board membership, and that the board would have control over what she could do with her property. Penn Myrick said that the idea the committee had was that of encouraging people to work together to solve development problems, but they have since decided there are no development problems and therefore the committee withdraws its recommendations on Sections 8 -13 -001 and 8 -13 -240. Planning Commission felt the proposed ordinances need more work. Chris Solomon spoke to agree. The public hearing was closed. The public hearing on the Historic Preservation Ordinance, Section 14 -010 through 14 -080, was opened. Jim Kluttz spoke for the committee who worked on the ordinance. Speaking against were Jimmy Burke, Rick Hogan, Penn Myrick, Sally Keller, Denny McNeely, William Risher, Chris Solomon. Pam O'Brien said the Planning Commission voted 6 to 2 in favor of the ordinance. Jim Kluttz offered one last comment on the ordinance's provision for maintenance, saying that if an owner has gone to the considerable work and expense involved in a restoration project, he has a right to expect the City Council to protect his investment. Jack Youmans said he believes that this is not what a lot of people want. Chris Solomon commented that the ordinance would impact the majority for a minority. The hearing was closed. The meeting was adjourned. Clerk of Council Mayor Walter W. Parker 1 1 MAP OFFICIALLY ADOPTED: DATE MAYOR CITY CLERK• ►his c c #ect c r 4 t i- ��a���c — ►5 -9 t CS-12.1'1 u_ • Se_ (.4., (2cJ A M C O U N T Y - S A V A N N A H OLITAN PLANNING COMMISSION STREET, SAVANNAH GEORGIA 31412 - 8246 PHONE 912- 651 -1440 This map is a compilation of data from various sources and scales. In most cases the data have not been field verified. Use this map for general planning purposes only. 1 • 1