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HomeMy Public PortalAbout20040401SCMeeting1 1 1 @ @ITEM 2004 -04 -01 City Council Minutes Special Meeting Mayor Pro Tem Jason Buelterman called the April 1, 2004 Special Meeting of the Tybee Island City Council to order at 7:00 PM. Those Council Members present were Paul Wolff, Jack Youmans, Shirley Sessions and Eddie Crone. City Attorney Edward Hughes was also in attendance. Mayor Walter Parker and City Manager Bob Thomson were out of town. Buelterman said the only item on the agenda was this public hearing for the 1st reading on the Text Amendment to Sec. 8 -4 -050 (L) District Use Regulations in the Maritime District. The proposal was to limit allowable uses in keeping with the character of the area. Buelterman said because of the importance of this issue, he would not limit comments to 3 limits. Mayor Pro Tem Buelterman opened the meeting, asked for comments and closed the following public hearing as required by law. Dick Smith said the Planning Commission had held 2 workshops to discuss possible changes to this section of the Land Development Code. He said allowable use was discussed individually and was approved unanimously. Smith said that the PC took a combination of the uses by right from both the Maritime District and C -2 District. Sessions said we have 2 different suggestions, 1 allows single - family use and the other does not. Smith said that both current districts allow single - family use so they left that in but omitted duplex use. Smith said there is at least 1 single family in the area now, which would be grandfathered but would be a non - conforming use. Edwin Longwater said that he thought the single - family use and the professional and business offices use should be taken out. He said he felt there was no place in a maritime area for offices unless it was a charter boat office or something like that. Youmans said he would like to clarify that Mr. Scarbrough's house was in the C -2 District and not the Maritime. He said the Zoning Map Amendment would be voted on next week. Sessions and Wolff agreed that the professional business office use, if allowed, could be misinterpreted. Lawanna Tsoulos said she served as a member of the Planning Commission and would like some clarification. She said the PC recommended that Single family not be allowed but was told that Hughes wanted it put in. Hughes said the PC proposed a list without Single Family and he said he preferred not to create a non - conforming use. Hughes said this is Council's call not his, and he didn't intend to give that impression. There was some discussion as to the misunderstanding. Sessions said she thought it would be better to allow a non - conforming use than allowing more to come in. 1 of 3 1 1 1 Freda Rutherford said there was no lot size requirement for single family. Hughes said it would be the same as R -2, 4500 sq. ft. She said she was afraid we would be creating problems having commercial next to residential. We already have that in. other areas. Carl Gustafson said that this is a unique area. He said it has a lot of greenspace and it would look like the rest of the Island, if we allow residential use. He recommended taking the single family out and make it a true maritime area. Frank Mathews said he has a great interest in this area. He said having residential close to commercial use is not desirable. He said having restaurants with their odors and shrimp boats starting their diesel engines at 3:00 AM next to residential area only invites problems. Mathews also thanked the members of Planning Commission for their hard work. Peter Hand said he lives across from AJ's. He said they start work at 8:30 AM and have delivery trucks stopping all day. He said they don't close until around midnight and the staff stays later to clean up. He said a restaurant is not compatible with residential neighborhoods. Hand said the aromas can be overwhelming, children playing are in harms way with the delivery trucks and parking can be a real problem. Sessions suggested they strike single- family use. Mary Ann Heimes recommended that everything be pinned down as tight as could be to avoid any loopholes. There was discussion as to what kind of restaurants to allow. Sessions said she had a concern regarding drive -in restaurants. Hughes said we could strike Restaurants — No Alcohol and change restaurant sit down to with or without alcohol. Wolff said he agreed that he did not want to eliminate family restaurants. Sessions said she would also like to strike commercial amusements. Crone motioned to take single - family use out of proposed Text Amendment, Wolff seconded. Sessions said she would like to amend the motion to also remove profession and business offices, restaurant — no alcohol and commercial amusements including amusement parks. There was more discussion regarding the restaurant — no alcohol. Sessions said if the rest of Council does not agree with removing the restaurants, she would be ok if they would strike the amusement park and profession and business offices. Crone accepted that amendment, Wolff seconded. Buelterman repeated the motion and amendment. Sessions said she still had a problem and asked if in the future she could drive across the bridge and see arches. Hughes said the way it is now that is possible. Buelterman suggested put in no drive- through. Hughes said we could leave restaurant - no drive- through and that would possibly eliminate the arches. Buelterman asked Hughes if by eliminating all of these uses, would we be opening ourselves up to issues if this should go to court. Hughes said he does not believe it does. 2 of 3 1 1 1 Buelterman asked Hughes to go through uses one more time, to avoid any confusion. Hughes said it stands as written a through k. Hughes said the following are the changes: 1. Strike residential P. Strike completely q. Restaurant - no alcohol limited to sit down facility with no drive through r. As written and add no drive through s. Strike completely t. Strike completely Crone accepted the amendment to his motion, Wolff seconded. Vote was 3, Wolff, Sessions and Crone, for approval, and 1, Youmans, opposed, for 1s` reading. There being no further business, Mayor Pro Tem Buelterman adjourned the meeting. Diane Sikes Clerk of Council Walter W. Parker Mayor 3 of 3 1 1 1 c. Watercraft & equipment rental, d. Watercraft sales & dry dock storage, e. Wholesale & retail seafood sales; and f. Machine repair shops. Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this ordinance. (H) TBR Transitional Business - Residential District. The purpose of this district is to create an area, contiguous with the commercial -Two (Highway commercial District) where residential, professional, institutional and light business (i.e., certain kinds of convenience shopping, retail sales and services) are permitted by right and can be intermixed and concurrently protect the neighborhood from blight and slum conditions. This district shall only be established in older sections of the community where intermixing currently exists and is found to be necessary and desirable, creating a buffer zone between two districts of varying uses. It is further stipulated that, when this provision is invoked for the purpose of allowing a residential use within the 200' commercial strip, then the setbacks for R -020 contained in Section 3 -090 shall apply. All commercial uses require site plan approval. (1) Uses Permitted after Special Review and Site Plan Approval. In a TBR Transitional Business- Residential district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a public hearing has been held by the planning commission, and the Mayor and Council has granted approval at a regularly scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan approval and special review. a. Off -street parking lots, used by C -020 businesses, for the purpose of meeting the minimum parking requirements as specified by this ordinance. (I) PC Public Parks - Conservation District. The purpose of this zoning district is to create an area or areas to be conserved for public use, to preserve areas established by tradition and custom for public use, and to prevent development of these areas for other than approved public and/or municipal use. Permitted Uses include Parks- public, playgrounds; ballfields and/or sports arenas, picnic facilities, public schools, public libraries, public parking and municipal buildings /structures, other public uses as approved by the governing body of the city. (J) EC Environmental- Conservation District. The purpose of this district is to protect the ecologically sensitive areas of Tybee Island and to limit the active development to those uses which are compatible with natural limits of the land. No building permit can be issued for either a use permitted by right or a use permitted after special approval until the proper State and Federal permits have been acquired by the applicant. (1) Uses Permitted by Right. In a EC environmental conservation district, land may be used and structures may be erected or used for the following purposes: a. Growing of Gardens; and, b. Piers, Docks, and Wharfs. (K) PUD Planned Unit Development District. The existing Planed Unit Development Districts, at the time of the adoption of this ordinance shall remain. No further Planned Unit Development Districts shall be created. The existing planned unit development districts are Northshore Subdivision, Seaside Colony, Oceanside Dunes, and Oceanview Townhomes.(Ord. 1999- 10;4/22/99) (L) Maritime District. The purpose of this district shall be to protect the character of the commercial development along the Lazaretto Creek within the city limits of Tybee Island. In the maritime district, land may be used and buildings or structures may be erected or used for the following purposes. (1) Uses Permitted by Right: Page 5 of 6 1 1 1 a. Aquaculture projects b. Assembly hall, club, or lodge c. Bait shops d. Boat building and repair facilities e. Boat launching facilities f. Commercial charter or sightseeing watercraft facilities g. Commercial fishing and crabbing h. Government buildings i. Marina j. Recreational activities carried on wholly within a building including theaters, dance halls, and activities of a similar nature k. Passenger cruise lines 1. Private or community dock m. Public utility structures n. Retail sales o. 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 The sections, pragraph, 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 by the valid judgment or decreee of any court of competent jurisdiction, such illegality shall not effect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance. (ORD. 1995 -17; 12/7/95) (Ord. 2004 -07, Amended, 04/08/2004; Ord. 2004 -02, Amended, 02/26/2004; Ord. 2003 -22 Business Districts, Amended, 12/02/2003; Ord. 2001 -24, Amended, 12/12/2001; Manual, Amended, 11/10/1999; Ord. 1999 -10, Amended, 05/24/1999) Page 6 of 6