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@ @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.
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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.
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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
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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:
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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)
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