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Home My Public Portal AboutPC-PACKET-7-18-2022.pdfPLANNING COMMISSION Marie Gooding Susan Hill Elaine McGruder David McNaughton Whitley Reynolds Marie Rodriguez Martha Williams Call to order: CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENTDIAECTUN George Shaw Planning Commission Meeting AGENDA July 18, 2022 — 6:30 p.m. For City Council Meeting August 11, 2022 — 6:30 p.m. Consideration of Minutes: 1. Minutes of June 13, 2022 Disclosures/Recusals: Public Hearings Old Business: New Business: 1. Variance: 168 S. Campbell Ave.- 40016 02016 — Steve Kellam. 2. Variance: 6 Dogwood Ave.- 4000110013 — Barbara Miller. 321012112121M 3. Text Amendment: Land Development Code —4-050(A) (2) -4-050(A),(B), (C) -5-020(A) -5- 040(x) -City of Tybee Island If there is anyone wishing to speak to anything on the agenda other than the Public Hearings, please come forward. Please limit your comments to 3-5 minutes. Discussion item: Adjournment: Lisa L. Schaaf 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. PLANNING COMMISSION Marie Gooding Susan Hill David McNaughton Elaine McGruder Whitley Reynolds Marie Rodriguez Martha Williams Planning Commission M MINUTES June 13,20'. Chair David McNaughton called the June 13, 2022, order. Commissioners present were Vice Chair Elain Marie Rodriguez and Martha Williams. Marie G Consideration of Minutes: Chair David McNaughton asked for consideration Reynolds made a motion to approve. Elaine McGr- Disclosures/Recusals: Public Hearings: was CITYMANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw Commission meeting to Hill, Whitley Reynolds, y 2022, meE d. Vote was Whitley George Shaw stated this is a new site plan for 37 Meddin Marine Science center. They have added some solar panels that will sit on the ground to the right front and a gathering area next to the pavilion for groups. They will lose some parking spaces in that area. This is all impervious so drainage will not be an issue. Staff recommends approval. Susan Hill stated she does not see anything different from the submittal in February. George Shaw stated nothing has changed the pavilion is the same with a clearer measurement on the plan that was not there with the February submittal. Martha Williams asked if they meet parking requirements. George Shaw stated, yes it is adjacent to a City parking lot. Susan Hill asked if the ground solar panels are shown on the plan. George Shaw stated there is not a drawing showing the ground panels. Mark Reed, who lives at 202 Eagles Nest, approached the Planning Commission and stated he is a board member at the Marine Science center. He presented a slide show that showed the Solar panel information overview that will be constructed at the Marine Science center. He explained this installation will save money on utility bills. David McNaughton asked if there are any dimensions or plans showing the second solar panel that will be on the ground. And how will people be protected from the heat it puts out. Mark Reed stated they would be glad to put some type of barrier around it. Jeanne Hutton, who lives at 13o6 Venetian Drive and is a board member approached the Planning Commission and stated they have the solar panel specifications with the building permit application at the Planning and Zoning office. Whitley Reynolds made a motion to approve. Elaine McGruder seconded. The vote to approve was 4-1. Martha Williams, Whitley Reynolds, Elaine McGruder and Marie Rodriguez voted yeah and Susan Hill voted nay. SITE PLAN WITH VARIANCE: removing six parking spaces wants to include on -street parking-iio5 Highway 80-40026 03oo6-Zone C -2 -Michael Hall. George Shaw stated the applicant would like to add some outdoor seating in the parking lot and some steps from his lower deck. This proposed site plan has the required amount of parking currently. The Variance part of this is for additional seating that would require more parking spaces, which he is asking for a reduction in required parking on the site and to have those count as off street parking it is around twelve spaces. Staff recommends denial. Michael Hall, who lives at 619 Whippoorwill, approached the Planning Commission and stated he is the owner of Chamacos which is the restaurant that is going into 1105 Highway 80. He stated he picked this location so he could expand his business and make it more family oriented. He also stated this location does not hold enough seating for what he needs. David McNaughton asked Michael Hall if he talked to the Fire Marshall about what the maximum occupancy is. Michael Hall stated he is waiting to see if he gets this approval for extra seating before he calls him. David McNaughton asked Michael Hall why he doesn't use the steps off the back of the deck and put the tables back there instead of taking the parking spaces. Michael Hall stated those steps are not to code and area in back is not level. Matt Kossin, who lives at 907 E. Fortieth Street, approached the Planning Commission and stated he heard George Shaw say that this site plan with the new steps meet the parking requirements for approval. The Variance is the part that would require more parking, is this correct. George Shaw stated yes, and he said the Planning Commission was recommending to use the steps in back to keep at least two spaces. Martha Williams made a motion to approve the Site Plan and Deny the Variance. Elaine McGruder seconded. The vote was unanimous 5-0. Adjournmer Lisa L. Schap STAFF REPORTN>> PLANNING COMMISSION MEETING: July 18 2022 CITY COUNCILMEETING: August 11, 2022 LOCATION: 168 S. Campbell - PIN: 40016 02016 APPLICANT: Steve Kellam OWNER: Same EXISTING USE: Single family dwelling PROPOSED USE: Single family dwelling ZONING: R-2 USE PERMITTED BY GT: Yes COMMUNITY CHARACTER Marshfront Neighborhood APPLICATION: Zoning Variance (5-090) from Section 3-090.1 Streams, lakes, coastal marshlands and freshwater wetlands buffer/setback and from Section 3-090 (A) schedule of residential district dimensional requirements. PROPOSAL: The applicant is requesting a marsh buffer variance to add an additional floor that will encroach within the marsh buffer and the front yard setback. ANALYSIS: The general character of the area surrounding this lot is residential. While the lot size is not substandard the size of the upland is quite small and the narrowness of the lot makes is unbuildable without a variance. (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, or considerations related to the environment or the safety, or to historical significance, that is 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. The required building setbacks for lots zoned R-2 are 20 -feet front, and 10 -feet rear and sides. The marsh buffer requirement is 25 feet. The applicant is requesting approval of front setback and marsh buffer variance to expand this already nonconforming home by adding an additional floor. The applicant elevated the home in the original footprint as part of the HMGP grant. Those plans changed during the process and if the variance is granted the home is no longer eligible for grant funds. The Comprehensive Plan describes the Marshfront Neighborhood in which it lies as follows: Along the marshfront exists residential uses of various ages, sprinkled with intermittent commercial uses. Zoning classifications are R-1, R -1B, R-2, and EC. Providing natural habitat, scenic views, and access to the water via docks and creeks, natural resources here require special consideration. 1 STAFF FINDING This is an extremely shallow lot that could not have been developed under current standards without a variance. The existing home was allowed to be elevated out of the flood zone in the existing footprint under an HMGP grant program with the applicant understanding that enlarging the structure was not allowed under the grant. The change of plans to add an additional floor, while desirable, is not essential since the lot was already developed. Staff recommends denial of the application. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Variance application B. Narrative C. Site Plan D. SAGIS map YIN or NIA 1. Permit only uses compatible with area character Y 2. Permit only uses that will not adversely affect/impact the marsh environment Y 3. Enforce marsh buffer ordinance within the area N 4. Prioritize tree preservation to protect the scenic and habitat value of the area N/A 5. 6. 7. 8. STAFF FINDING This is an extremely shallow lot that could not have been developed under current standards without a variance. The existing home was allowed to be elevated out of the flood zone in the existing footprint under an HMGP grant program with the applicant understanding that enlarging the structure was not allowed under the grant. The change of plans to add an additional floor, while desirable, is not essential since the lot was already developed. Staff recommends denial of the application. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Variance application B. Narrative C. Site Plan D. SAGIS map oxo, Fee Commercial $500 Residential $200 CITY OF TYBEE ISLAND VARIANCE APPLICATION from the Tybee Island Land Development Code Applicant: S - Telephone q 0- - 13 - 6 ail dress® K� 4 o MailingAddress— _ P'0 ": ?X1 4 y s l (,A- , ,) *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. Property Address (Or General Location Description if no Address Assigned): Ing X50 Tax ap/Parcel I rso L c� l Current Zoning: Existing use of Property; Proposed use of Property: Has the property been denied a variance in the past 12 os? If so, please provide brief details, V i 1. Does the requested variance change the Tybee Island character designation for the property as described in the Master Plan? If so,provide a brief explanation. 2. Please explain the purpose of the requested variance and the intended development of the subject property if the variance is granted. 3. Please explain the specific provision within the Tybee Island Land Development Code from which the variance is requested. 4. Per the Tybee Island Land Development Code, the Tybee Island Planning Commission shall not make a recommendation on a variance from the terms of the Land Development` Code unless it has met the following. Please explain how the requested variance meets each of the following: A. The need for a variance arises from the condition that is unique and peculiar to the land, structures and buildings involved. 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. NO D. The condition is created by the regulation in the Tyee Island Land Development Code and not by the action of the property owner or applicant. & 7 �J ce 6 g ar e 1 t -a E. The granting of the requested variance will not conflict with Sec. 26 -70 -Amendments and modifications to the Fire Prevention Code of the Tybee Island Code of Ordinances or endanger the public, ri 0 F. The variance requested is the minimum variance that will make possible the reasonable use of the land, building or structures. Adjacent r 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 the website at www.boa.chathamcounly.org The accuracy and completeness of this information shall be the responsibility of the applicant. 1. Property owners name and mailing address: 0, S�1 2. y �, 5 .. pari- :3Zg Dq 3: 4. . , VX -i- (2 -p-e 6. "3) 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. NOTE: This application must be accompanied by additional documentation, including drawings that include or illustrate the information outlined below: REFERENCE DESCRIPTION -040 (D) (1) Site plan and/or architectural rendering of the proposed development depicting the location of lot restrictions: 5- () O 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 prior owner, affect a particular property and make strict conformity with the restrictions governing dimensional standards (such as lot area, width, setbacft yard requirements, or building 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 prope ) Explain the hardship: 4 V 'ser C, � 5-040 (D) O 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; G . narrowness; or, L-' 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 i strict conformity with the provisions of the Land `Development Code, without undue hardship to the property. NOTE: Provide attachments illustrating conditions on surrounding roperties and on the sub"ct roe , idicatin uniqueness, etc. 5-0 O Heightt, No part of any structure shall project beyond 35 -feet above the average adjacent grade of a propertyexcept: (1) See section 2-010, terms and definitions; height of building: (2) The following items that were existing on the date of the adoption of this section; flag poles, television aerials, water towers and tanks, steeples and bell towers, broadcasting and relay 'towers, transmission line towers, and electric substation structures. The Applicant certifies hat he/ he has read the re, 're eats for Variances and has provided the required information to th of er ' in tr nd honest manner. Signatw,dlof Ai5plicant �° .. Date .ham,.. CM OF BEE ISLAND I .CONFLICT QFINTEREST N Z.QNING ACTIONS .DISCLOSURE OF C.AMPA.IGN C.QNTRIBLMONS Have you withincampaign contributions r_gave gifts havingte value of $250.00 or more to a memberf the Cityy Island Planning i i or and Councilt any local government official who will be considering the rezoning ii ti YES NO IF YES, PLEASEL LL ' GOVERNMENTNAME F OFFICIAL CONTRIB ONS OF $250.00 OR MORE GIFTS DATE OF OF $250.00 CONTRIBUTION OR MORE I_ YOU WISH TO SPEAK CONCERNINGI I FILEDFORM MUST BE ING ADMINISTRAT PLANNINGIF CAMPAIGNI I PLANNINGEXCESS OF $250.00 HAVE BEEN MADE TO ANY MEMBER OF THE I TLS Signatu, .m T. f PrintedC 2021 EMENT MPROPERTY....� Bill I�1 r PT ateTOT I1S . JACKSONCHATHAMC Ei � Y'TAXCOM ISSI 021-292 13 11/15/2021 X2,19.42 TAX. [ t Y1C0U41 TGA. V Ilii. BOX 9827 Map: 40016 02016 Printed: ' 08/2812021 SAVANNAH,GA 31412 Location: 168 S CAMPBELL AVE, 31328 Total oust Enclosed S SER LICE REQ1EYTED INIAKE CHECK OR MONEY ORDER PAYABLE TO: Chatham County Tax Commissioner RETURN TOP PORTIONWITH PAYMENT AND IL PA1'M A -r TGA A LOCKBOX DRESS ONTHERIGHT BO PORTION FOR iJ RECORDS (FGR ALI, PAYMENT OPTIONS, SEE BACK) 1111111111 all 1]1111111®VIIII1111111111131112111111i11I11� : a1x�l t ei tt��111-111111111 1 till 11111111111111111is 111111 . ® sasses*�.a.a*Ai➢TT0**5-DIGIT3W1 ' 97 99 32413 1 AVO.42.4 40026 02016 CHATHAM CO T CO P LOCKBOX I1 A STEVE PO BOX 117037 =12121 CATA R ATLANTA, CIA 30368-7037 TYBEE ISLAND GA 31328-9105 022021292013810000021964240000021964245 S A L. JACKSON _m__________®__e®__________________ 'Tax Payer: KELLAM STEVE CtL4,THArVI COUNTY TAX COMMISSIONER � �Map Code: 40016 02016 REAL TAX.CHATHAMCOUNTYGA.GOV Description: LOT 29 HORSE PENN HAMMOCK FORT 1 a Phone: (912) 652 -?1Q Fax: (912 652®7I01 �� Location. 166 S CAMPBELL AVE 31323 tom.° Bill No: 2021-2920138 a District: 04SEE Building Land STEPHENS'grEPHENS Fair Market Pay ent G d Due Bate BillingDate Exemptions Valise Value DAY DAYI Value u 75,000 88,400 0 0 163,400 11/15/2021 08128J2021 11/15/2021 Entity Adjusted FMV Net Exemptions Tax state Value Millage Gross Tax Credit Net Tax Assessment Rate COUNTYM&O 163,400 65,360 65,360 12.7680 834.45 794.45 COUNTY SALES TAX CREDIT -1.2240 -80.00 COUNTY SCHOOL iY &O 163,400 55,360 1 65,360 18.1310 1,185.04 1,185.04 TYBEF ISLAND 163,400 69,360 65,360 6.4550 422.90 256.93 TYBEE SALEST DIT 72.5240 -164.47 TOTALS 3-3-760-5T-----2-,4-41-3-91 -244:97 2,196.42 NEW &BILL SERVICE Want to receive your 2022 tax statement electronically? Chatham County is now Offering all to pgyrs the opportunity to receive future tax statements rola email. Simply lop on to Current Due $2,296.42 TAX.C-HATHANICOUNTYGA.GOV and sign up todayg Penalty .00 Interest .00 The "Payment Good Through" date listed in the chart is only for the tax year indicated above. If an amount Other pees .00 appears in the "Bach Taxes" row to the right, a different cute date is applicable. Previcsaas Payrn t .00 All taxes, including appeal bills become delinquent if not paid in full by the dere date. In accordance witlo Bae2c I es .tui O.C.G.A® 48-2-40 and 48 -delinquent taxes will be charged with any applicable penalties and interest. TOTAL 1) $2,196.42 [Tinted: 08/28/2021 PARI: 40016 02016 KEL S 168 CAMPBELL AVES Tax Commissioner Su e Statin ACTIVE Alternate ID Bill Tax District/Description 0- EE Legal Description LOT 29 HORSE PENN HAMMOCK FORT W ARD TYBEE ISLAND SAVANNAH BEA CH Appeal Status Parcel Status Parcel Deferral hears Total Status Exist Support Millage Rate Active No 33.6050 Parcel Information Property Class 3 - Residential Lots Mortgage Company Exemptions Most Current Owner Current Owner Co -Owner Dare Of Failing Address KELLAM STEVE 218 CAT IIIA DR TYBEE ISLAND OA 31328 Digest Owner'(Janua 1) Owner Co -Owner Care Of Mailing Address KELLAM STEVE 218 CATALINA DR TYBEE ISLAND OA 31328 T (Penalties and Interest Included through Current ) Year Cycle Billed Paid Due 2022 1 1,098.29 0.00 1,098.20 2021 1 2,196.42 -2,196.42 _0.00 2020 1 2,234.44 -2,234A4 0.00 2019 1 1,837.31 -1,837.31 0.00 2018 1 1,427.67 -1,427.67 0.00 , 2017 1 1;78237 -1,782.37 0.00 2016 1 1;685.45 -1,685A5 0.00 2015 1 2,157. -2,157.04 0.00 Total: 14,418. -13,320.70 1,098.29 Payment Information Payment User ID Effective Date Business Date Payment Tolerance/ Payment Total Sequence Location Source Pymt Type Applied Overpayment Methods Payment 4163691796 TSO O-32365 '"11/15/2021 11/15/2021 $2,196.42 , $0.00 CHECK/5,642.55 $2,196.42 ,.u.:ro11=ti ,&,Sa$e..:..1 W&e €i ,I & ,.. (24j2w —1)6 ikt.i CASHIER w P21 $0.00 Payer Details Payment gear ID EffectiveDate Total Sequence Location au Payer Information Payment 16369 79 TSE 32365 11/15/2021 $2,195;42 TYBEE TIME CASHIER w P 0 BOX 2165 TYBEE ISLAND CA 31328 Billings Detail Authority Cade Coda Authority Farris Millaga Billed Pala Due COUNTY-OPER TAX Coll 11,5430 $754.45 -$754.45 $0.00 SCHOOL-OPER TAX COUNTYSCHOOL - 18.1310 $1,185. -$1,185.04 $0.00 BEE - CITY TAX TYBEE ISLAND 3,9310 $256,93 -$256.93 $0.00 Total. 33-6050 $2,19&42 81 -$2,196A2 WOO Main Budding Area Item Main Building 715 6712.DOCK, LIGHT CONST., 2® DECKING, LIGHT POSTS 70 Al - 904:904 -Slab Po(SF) with Roof 2 - 6737; IIIA, WOOD ROOF 70 - 903:903- d Deck (SF) 145 ,.3... ". 2 as Ar ¢ilps� jj n.l,,,,chutharnQu.o varg/PjJI)at Y Iu I.klPrietD:Y,taiot. a:Mpx-2'p..<..I..gralI..,i['yE&State=If'J..{sem-:.P+'.Vit...Iki..:.=-I&ab 4 p i I'.' all&rank 4;..'Data et G/24/22,,06 PM off n 4 a� µ � Oil d6 R 6� Egg 8 �r s RENOVATION/ A DITION 168 S. CAMPBELL ANFE. a$m 8C2PIP It NJ 95 D GEORGIA AEE e a off gra �� *a ' all 9 PH w e v g e Ips �z-a^ tr-r s z 5 u 4 _< r H , V,, C { I A g ; � g k_q Z.7 IE a _ m c 4 g >R mQ £ o a $ r H, a ug �a ®o��+ a ti F� ' 4 � e a� RENOVATION/ ADDITION TO:168 S. CAMPBELL AVE. - �,� Mi TYBEEISLAND GEE GLA P iE � ti ----- ----- ---------rte-------, f _®w________ _____ ___ ol y 6 r t . . ... __ _____®s.__ a �. ¢ ^71i, gg g 111 ti jalig 5 f a ----------------------- • � 4F EN'#�a' a3."tai3s'�,Wi �'"aa::$LB.n"ui. r g . .. I O A # F 3 RENOVATION/ ADDITION TO:168 S. CAMPBELL AVE. TYBEE #: ..°GEORGIA P 4 ! _ f 0 I I� I II 1. _ A mm 1-U f a a f I s II CII o x f �m i � I 28-Y t a Y-6 Fd Y -F sSd� t RENOVATION/ ADDITION TO:4 � 168 S. CAMP13ELL "E. FIR HI 2L I NJ TYBEE ISLAND GEORGIA e. a� a s s �}� C3 ➢ nO 7U rn a s lJTH C PBELL ST. 60 R I...:N 16 "64 a FffR t ' c � -N I n A o $elk U) -U „a M 0 *D m r m G — z "> z m i ' IN �a w s f 6 9 + i ®` $ T i m 4 onDun @ 8 x a R s „ �&sr aw asaxsnr s siz.. mwr-e�z E.Ailtazti�:a�x� cn z C .. 9®.09' 3 n A o $elk U) -U „a M 0 *D m r m G — z "> z m i ' IN �a w s f 6 9 + i ®` $ T i m 4 onDun @ 8 x a R s „ �&sr aw asaxsnr s siz.. mwr-e�z E.Ailtazti�:a�x� z 3 n A o $elk U) -U „a M 0 *D m r m G — z "> z m i ' IN �a w s f 6 9 + i ®` $ T i m 4 onDun @ 8 x a R s „ �&sr aw asaxsnr s siz.. mwr-e�z E.Ailtazti�:a�x� nOa .:zOaamAm�a`Fmni�m�z G0a2�cc-vCn-'NAmA�01�gnmr-ciAsoz -us o<� az�°'mJ mmmz mo o+nyxmn 1a41�Oraz+a-a-5�una�oo N X%- mT, O'y \ynD2 F'Day OAzW2C O pm �PDEi+ tia �om�; A�aa<n mn 3�� o'a�azcoAo ono ,y oar"'1+u» CD m.\~� z.. n of _oA �w z•o,,,�oox AC m �\'^ 'o n �o�tio`o<ozm�"Aa'XvnA,�mx .nom- viol' o � z �"{sK'A� z Am az + ACOO -�iY��xmy�cnoom"'?ma z oz z Fh� Azv mzzniq o z ao FR* vnoA foo z� a o "' �'z�1 zn oo z v o z�oA�az�oA�a-g� q'a�N2An A� An pZ> m y0 0= O�..t zm Qz O O DA >Nm� o •� vn�o o +z 4zm m -onooz nmaa�oZ°z n'aa❑ .n m . Gmc.r.� oT atzox��Ds y o r3c o �n^�nAAno n2 m :� A�geg=a�nza� .. m o o A o oo_ y m ninomo�my �o z� n:n m zy in mm x ,n z An� o+o m--imtncw N -'Z A ZzpH—zzmmm ✓ r Nm0 .mD . w m m �s m s sn 1 i3saw vamp Nm '' vo 8 f o u / m m L J m x m O y C 7 75.fl n .''.6 I N N d �+ QF m m on gz ~# < ZD y O m O z r "' xOVO135 :?-N`I6'tINB •P?� n Nn { O K (w a 1 m L3 Waaa xa'��---x--a..r.r—x—x--w-ai I N> E ( I` M. or o 0 tt F° m M A m Z n F F•Oo po �� l / I r A a�2 000Az r Waarvo . :a314s o a a A TOPOGRAPHIC SURVEY OF BREWER �S��smA m m< LOT 29, HORSE PENN HAMMOCK, FORT WARD LANDSURVEYING T m�mnY o CITY OF TYBEE ISLAND, CHATHAM COUNTY, GEORGIA 6o4 oler,US A31 SOW' Poo3er, GA 31322 I.fob o o PREPARED FOR: Ph..(912)aas62205 www,Ba•ewerSm><�e}.com o` N ti o CATS ILLBUILDERS LSI .1095 E �, PLANNING COMMISSION MEETING: July 1, 2022 CITY COUNCIL MEETING: August 11, 2022 LOCATION: 6 Dogwood Ave. PIN: 40001 10013 PLICANT: Barbara Miller OWNER: Barbara Miller EXISTING USE: Single family dwelling PROPOSED USE: Single family dwelling ZONING: -1 USE PERMITTED BY GT: Yes COMMUNITY CHARACTER P: Ft. Screven Historic District APPLICATION: Zoning Variance (5-090) from Section 3-090 Schedule of development regulations. PROPOSAL: The applicant is requesting setback variance to add a lift to the front setback due to mobility issues. ANALYSIS: The applicant is requesting to add a lift to be able to access her elevated home. ,Due to recent changes in health status she is no longer able to safely climb up and down her stairs. The lift will be located in the front setback near the front door. The existing front stairs are already in the front setback. Variance standards require that the applicant meet the following conditions: (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, or considerations related to the environment or the safety, or to historical significance, that is 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. (3) A nonconforming use or structure does not constitute a unique physical circumstance, condition, or consideration. The home takes up the entire buildable footprint of the lot. Without cutting through the floor there is nowhere to install a lift within the setbacks. The Comprehensive Plan describes the Ft. Screven Historic District as follows: The Fort Screven Historic District includes Officers Row and all of Ft. ,Screven, which represents significant historic, cultural and natural resources. Varied uses include new, larger scale development, traditional cottages, townhomes/condominiums, public uses/parks, historic sites, narrow streets, street trees, public parking. Zoning includes R-1, -2, R -T, -1/NEC, P -C, and PUD. Comprehensive Plan — Community Character Area The Ft. Screven Historic District 1 STAFF FINDING Due to the space available and the unexpected mobility issues staff recommends approval. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Variance application (5 pages) B. Survey (1 page) C. SAGIS map (1 page) 2 Recommended 1. , •• r .. ,., YIN • r NIA Establish standards and guidelines for signage l II �U°L Provide signage for landmarks and historic businesses Preserve . r restore historicpossibleIilpllil� Provide appropriate incentives fors • ,• projects �.1 Ensure continued preservation of old growth trees, parks, and greenspace I'III r rr• r r -r bicycle ant r -r- - • - ' • r facilities -C4,nsiter ad*ption of architectural standards •historic STAFF FINDING Due to the space available and the unexpected mobility issues staff recommends approval. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Variance application (5 pages) B. Survey (1 page) C. SAGIS map (1 page) 2 BW Commetrial ReskLenbFal $200 CITY OF TYBEE ISLAND VARIANCE APPUCATION from the Tybee Island Land Development Code Applicant- Telephone �JS�e— S'-IbEmail Address: I F Mailing ddr _ *mote: If the _ i. t is not r as listexi on the propetty deed, a letter from the listed s), including number and address along with any r relevant infarmation, authorizing e applicant to act in their behalf must be, Included in the application. Property (r"General Location Description if no Addressi LY Tax Map/Parcel I : current Zoning: Existing use Proposed use of Property: deniedHas the property been as idetails: 1® Does the requested variancechange the Tybee Island character designation for the propertydescribed i the Master Plan? If so, provide a brief explanation. 2e Please explain the purpose oftheand the intended development of the subject if the varianceis granted. .m NK 3. x. m Pleaselair the spedific provision within the Tybee Island Land Development Code from which variance is requested. . ry rt w e Per the Tybee Islandthe Tybee Islandl n i i ire shall not make a recommendation on a'variance from the terms of the Land Development Code unlessit has met the following. Please explain how the requested variance meets each of the following: A. The need r a variancearises condition that is unique and peculiar to the lay structures and buildings involved. d .� Bo The variance is necessary because the particular physicalsurroundings, the size, shape or topographical condition f the property involved l result in unnecessary hardshipfor the owner, lessee or occupants as distinguished inconvenience. C. The edition requiring the requested relief is not ordinarily found in properties of the same zoning district b D. The condition is created by the regulation the Tybee Island Lard Development Code and not by the action of the r d r applicant. E. The grantingria ill not conflict. 26 -70 -Amendments i ti to the FirePrevention f the Tybeelar rdi r the public. F. The variancea is the minimumvariance that will make possible the reasonableuse f the land, building r structures. � ;; i � w� i�1," NOTE: This application must be accompaniedy additional documentation, in l din drawings that include or illustrate the information ibelow. 5P { l architectural d i f the proposeddevelopment depicting the location f loti i nsn, 5® )Narrative describing thhardship reason for the variance r (Har&Wp means the cYfwzr2sMncrs where spwal ' r, r orated by a janor owner, affect a particular prosertir and make Anct conformity goveming d1mensiomllot area, width, t � yard requlr building i ply bunlerwrw or unf vasonabk ifi4ht of Me putpose of Ws code Unnecessary harvMlp is present only r in the absence of a vanaf xe, no Yeasible use can be made of the pf W 4 T Explaint r shi : 5-040 } () A survey of the propertysigned and stamped by a State of Georgia certified land surveyor. 5-090() (1) That there arei l circumstances or conditions beyond that ofsurrounding properties, including: irregularity; narrowness; or, shallowness of the Itshape; or, exceptional t i l or other physicalit rm iti s, or considerations related to the environment, or the safety, or to historical Significance, that i peculiarto the lar property, 5-090 (A) (2) Because of such physical circumstances or conditions, the property cannot be developedin strict conformity with the provisions of the Land Development Code, without undue hardship the subject g=ft, i ili t da s s rr�ara ire rd on irei ni 5-090 ) Height. No part of any structure shall }ect beyond 35 -feet above the average adjacent grade of a property except: ( &, ' s and definitions; i `tbuilding. followings existing f the adoptions section; flag poles, l 'sig ri ls, water towers and tanks, steeples and bell towers, broadcasting lad towers, transmission linetowers, and electricsubstation structures. The Applicant certifies that he/she has read the requirements r Variances and has provided the required information to the best of his/her ability in a truthful and honest manner. d Signature of Applicant [gate 5-090(C) * ri n ri n s been granted by the mayor and council it shall be validr a period of 12 months from date of approval. Such approval is based on information provided in the application. Building permitsonly begranted for pies consistent with the approved application. Any deviation from information submitted will require separate approval by the mayor and council. ,;. �� +� �.. .. � 1 � .� � � �. Have you withinrcontributions r gave gifts havingt` r more to a member of the City of Tybee Island Planning i i r and Councili government official who will be considering i application? r YES NO t Zx" IF YES, PLEASE COMPLETE F GOVERNMENT OFFICIAL CONTRIBUTIONS OF $250.00 OR MORE GIFTSNAME OF $250.00 OR MORE CONTRIBUTION I hereby authorizeneighbor, Tim Steinhauser, to represent t the City variance ti scheduled July s variance request is to seek approval of the the placement of a medicallyrequired l lift outside standard setback les. Thank you for the approval of hisrepresentation and the variance request. Sincerely, PARID: 40001 10013 MILLER BARBARA BAGBY REVOCABLE TRUST 6 DOGWOOD AVE Tax Commissioner Summary Status ACTIVE Alternate ID Bill Tax District/Description 040-TYBEE Legal Description LOTS 3 & 4 BLOCK 35 FT SCREVEN WARD TYBEE Appeal Status Parcel Status Parcel Deferral Years Total Status Exist Support Millage Rate Active No 33.6050 Parcel Information Property Class R3 - Residential Lots Mortgage Company Exemptions CS30S M 1 S S30S Most Current Owner Current Owner Co -Owner Care Of Mailing Address MILLER BARBARA BAGBY REVOCABLE TRUST PO BOX 1670 TYBEE ISLAND GA 31328-1670 Digest Owner (January 1) Owner Co -Owner Care Of Mailing Address MILLER BARBARA BAGBY REVOCABLE TRUST PO BOX 1670 TYBEE ISLAND GA 31328-1670 Tax (Penalties and Interest Included through Current ate) Year Cycle Billed Paid Due 2022 1 627.29 -627.29 0.00 2021 1 1,254.50 -1,254.50 0.00 2020 1 1,273.58 -1,273.58 0.00 2019 1 1,238.72 -1,238.72 0.00 2018 1 1,210.10 -1,210.10 0.00 2017 1 1,071.97 -1,071.97 0.00 2016 1 1,045.70 -1,045.70 0.00 2015 1 1,036.52 -1,036.52 0.00 Total 8,758.38 -8,758.38 0.00 Payment Information Payment User ID Effective Date Business Date Payment Tolerance/ Payment Total Sequence Location Source Pymt Type Applied Overpayment Methods Payment 4163508926 LOCKBX UD -99999 04/22/2021 04/22/2021 $636.81 $0.00 -$636.81 REMPROC _LOCKBX Z21 $0.00 4163689384 LOCKBX UPD-99999 11/12/2021 11/12/2021 $617.69 $0.00 $617.69 REMPROC LOCKBX Z21 $0.00 Payer Details Payment User ID Effective Date Total - 903:WOOD DECK 160 Sequence Location Source Payment Payer Information 160 4163508926 LOCKBX UPD-99999 04/22/2021 $636.81 BARBARA B MILLER REMPROC LOCKBX PO BOX 1670 TYBEE ISLAND GA 31328 4163689384 LOCKBX UPD-99999 11/12/2021 $617.69 BARBARA B MILLER REMPROC LOCKBX PO BOX 1670 TYBEE ISLAND GA 31328 Billings Detail Authority Code Code Authority Name Millage Billed Paid Due ' COUNTY -OPER - TAX COUNTY M&O 11.5430 $279.34 -$279.34 $0.00 SCHOOL -OPER TAX COUNTY SCHOOL M&O '18.1310 -$975.16 -$975.16 $0.00 Total: 29.6740 $1,254.50 -$1,254.50 $0.00 II � ttit i 440 t f 4 4 0} j St i i' 46, i 4 Item Area Main Building 1600 - 903:WOOD DECK 160 Al - 904:904 -Slab Porch (SF) with Roof 160 A2 - 721:721 -Carport, Flat Roof (SF) 1600 A3 - 903:903 -Wood Deck (SF) 160 STRUCTURAL INNOVATIONS 2/17/2022 Legacy Lifting, LL 6556 State Highway 19 Mabank, TX 75156 : Florida Wind Analysis — Passenger Lift To Whom it May Concern: This letter iso response to your request of a wind load evaluation for the Legacy Passenger Lift- 500lbs to be used is single family residential properties. An analysis was performedper the requirements of the Florida-Building Code (7th ) for the following parameters: Load cit r°ad4 • Design Sea — 200mph • Exposure atego — • Lift capacity — 5001b Material Properties: 0 Aluminum frame with 6061-T6 de aluminum Geometric Layout. • Mast rails constructed shown -1 with configuration of frame as shown in attached Legacy drawings. • Mast rails span from foundation to floor level of house (single lift -10'-0" a u r height) and 80" projection above floor level (total length of 16'-8"). Other Requirements: Piled foundation i attachment to pile cap by separate esign engineer. Attachment to building structure l e separately designed eet all applicable requirements. - Use of liftis in accordance manufacturer's instrud io s including, but not limited to, e following: o Lift will of be ; operation d ° ind events and is to be stored at grade level , . _.,,,.. ... ...°.. , Structural Innovations Engineering & Consulting, PC P.O. Box 5961 i I :isle€ , NC 28075 1 Phone- 704.488.24391 SC C A, 5230 info@structur l-innov tions.4 ofn I .strLictur l-€C9nova' tions. ,oi-n 220 Seldo ; Charlotte, NC Page 2 of Legacy Lifting, LL 2/17/2022 The lift mast rail system meets the requirements of the Florida Building d (7 ` ) for the above bated parameters. Please contact us for further evaluation should conditions deviate from those listed above. It has been a pleasureserving you, Please contact us if you have any questions or comments. Sincerely, �� A f, Jon , � No 82090 s c lEngineer� 4 , Florida Lie #® 82090gi m STATE OF Enda SIS®1 �A< 0 en i ii Brace a `on y e Li ��n9 i el find n �ift € n�a y�� r®r$®�® %% at�.2022.02.172.236 Vanderg l -,os, StructuralInnovations Engineering & Consulting, PC P.O. Box 596 1 Fl rrosbUrg, NC 26075 one— 704.488.2439 1 SC COA- 5230 irlf @st.r €ctur l-infiovs tions,c,o ,.st i tur -inr1ovation .GotTi i (J� (j) CS1�5 i/4� Pb Fig O BOX 596; HARRISBURG, NC LEGACY LIFTS t 704.837.0337 SIC; COA: C-3303 PROJECT: 18195 Wam DmWN MAST A.II „ �� , „m..fi_, : �w. n STRUCTURAL W. V 09.10.20 INNOVATIONS a Enginioa rind & Conaultina , PC SK -1 I w (NOT OPEN) 1. R. S N 89" 56'E0, < A# - =7 60.00 f --*--S 89'0 56W LANE 10' R/W ®f x It IN CONC. FOUND 13 .35 t1i 00 CONC. FOUND STATE OF GEORGIA CHATHAM COUNW PLAT 0 F LOT 3 BLOC -K 35 -FORT SCREVEN WARD T Y B E E WOTEI THIS- LOT 15 IN AN ISLAND.F- MIM.F.F. FOR: DA R BA RA _AtL4= L E -R DATE: -7 SCALE: ;P 0 E.O.C. FIELD 2 o 4. ERROR/POINT 1239 ADJ. METHOD E.aC. PLAT I I N F MSIT 26"Tp BAMETT LAND SURVEYING.M. ........... Ibd TAPE URI% SAVAW" I GEORGIA E. am. L.ElTZ - SET 3 . ...... . ... . s:STAFF REPORT PLANNING COMMISSION MEETING: July 1 , 2022 CITY COUNCILMEETING: August 11, 2022 LOCATION: /A APPLICANT: City of Tybee Island OWNER: /A EXISTING USE: N/A PROPOSED USE: N/A ZONING: N/A USE PERMITTED BY GT: /A COMMUNITY CHARACTER N/A PLICATION: Amendment to Article 4, Zoning Districts. PROPOSAL: Amend 4-050(A) (2) to add owner occupied short-term rental locations as allowed after special review. This would also allow this use in -2 after special review. Amend 4-050(B) to allow owner occupied short-tertn rentals in -1 B after special review. Amend 5-020(A) to add: "Compliance with all criteria for owner occupied short-term rental locations and the standards contained in Sec. 5-040(A)and(B) and 5-070 must be met." Amend Sec. 5-040(B) to list requirements for owner occupied short-term rental locations ANALYSIS: This amendment creates a method getting a permit for owner occupied STR in the R -t, -I, and -2 districts. STAFF FINDING This Staff Report was prepared by George Shaw. ATTACHMENTS A. Amendment _1 Original - in WORD ORDINANCE . 2022 - AN - ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING T SPECIAL VIE TO CHANGE THE PROVISIONSTHEREOF AND T SPECIFICALLY ADDRESS SPECIALVIE NTS AT INITIAL APPLICATIONTHE OPERATION OF A SHORT-TERM VACATION C LOCATION CONTINUING SPECIALVIE F OWNER OCCUPIEDSHORT-TERM VACATION T LOCATIONS; TO PROVIDE FOR AN EFFECTIVE ATE; AND TO REPEAL CONFLICTING CES AND FOR OTHER PURPOSES. WBEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph3 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 adopt ordinances under its police and home rule powers; an WHEREAS, the City of Tybee Island continues to address issues regarding the existence ofShort-Tenn Vacation Rentals and issues relating thereto; and WHEREAS, the City seeks to impose a special review requirement for alleged owner occupied Short -Tenn Vacation Rentals in residential zones (R-1; -1- ; and -) so as to permit owner occupied STVRs upon special review under certain circumstances; and WHEREAS, in order to accomplish implementation of proposed changes, amendments to the Land Development Code are necessary and appropriate; THEREFORE,NOW it is hereby ordained that the code of ordinances will be amended so as to provide as follows: SECTION I To amend Section 4-050(A)R-1 residential district is amended so as to add to Subsection 2 thereof on uses perinitted after special review so as to provide a new subsection to e: .j. Owner Occupied Short-Terrn Vacation Rental Locations: By inclusion i -1 by special review such use would be permissible by special review in -2. SECTION 11 To amended Section 4-050(B)R-l-B so as to add a paragraph that provides: Upon special review, owner occupied Short -Tenn Vacation Rentals may be permissible. SECTION III For purposes of special review in connection with owner occupied locations for Short -Term Vacation Rental Locations Section 5-0(A) is amended so as to add the following sentence thereto. Compliance with ; all criteria specified for owner occupied Short -Term Vacation Rental locations and the standards contained in Sections 5-040(A) and (B) and 5-070 must be met. SECTION IV For purposes of special review for owner occupied Short -Term ental locations, Section 5-040(B) is amended so as to add new subsections to provide: 5. In the case of an owner occupied Short -Term Vacation Rental, the application shall identify all evidence to demonstrate that the owner or the owner's agent resides on the premises in a fulltime manner and will reside on the premises for the location at all times when a short-term rental is conducted. Evidence may include homestead exemption for the location, utility bills, affidavits of the applicant and/or neighbors of abutting or adjoining property or other locations indicating fulltime occupancy by the owner. 6. The application shall identify those areas within which the premises will e occupied by the owner, the owner's family and the short-term rentals on a plan submitted by the owner as well as details concerning the number of occupants planned, the nature of the occupants planned, such as, families only, or other owner required restrictions; or the absence of such -restrictions, whether the owner is personally or through an agent conducting the STVR operation, including marketing thereof, or whether any - marketplace innkeeper or local agency is involved and identify such entity or individual. 7. Approvals of owner occupied STVR locations shall be for a three (3) year terin and, before any renewal of a permit at the end of such term shall be granted or authorized, an additional public hearing must be conducted. There is no presumption of entitlement to renewal, and no right to continue rentals on a short-term basis. Noncompliance with any condition imposed by the Mayor and Council pursuant to Section 5-070 will be a consideration of the Mayor and Council as will changes i the nature of neighboring properties that make the character of the operation inconsistent with the criteria established above, Section 5-070(A). The failure of the owner or owner's agent to occupy the premises as stated in the applications; a change in ownership of the location; death of the owner; any absence of the owner except foremergencies during a short term rental; violations of the disorderly house ordinance; or violations of any other ordinances at the location; may be grounds for denial of a renewal application or a revocation of an existing permit regardless o any remaining time in the term previously authorized. SECTION V Owner, in the context of a short-term rental, means the record owner of the property or any person or entity that leases from the record owner of the property, who engages in the business of ffirnishing for lease or for rent, either directly or through a third -party entity, a short-term rental unit and who must be licensed both as a business and under the Code of Ordinances. Owner Occupied, as used herein shall mean a location where the following criteria are met: the title owner to the property permanently lives and resides solely at the location, maintains no other location for residency purposes and occupies the location at all times whereandwhen short term rental activity is conducted, and the resident owner maintains a homestead exemption for the location. OR Owner Occupied, for the purpose of this ordinance, means real property which contains one or more dwelling unit (s) where the dwelling must be occupied by the property owner and constitutes his/her primary or usual place or residence. dwelling unit must share the Property Identification Number assigned by the Chatham County Board of Assessors. Proof of owner -occupancy requires proof of a valid homestead exemption submitted with the application for a short-term vacationrental permit. In lieu of homestead exemption, a sworn affidavit and supporting documentation establishing proof of residency must be submitted by the applicant stating that the primary dwelling unit is the legal residence and domicile of the resident. Proof of residency is required in the form of two of the following: 1) A valid Georgiadriver's license or Georgia identification car 2) Registration for vehicles owned by and registered in the name of the applicant; ) Voter Registration Card; ) Previous years -2 form or internal revenue service tax return, redacted as appropriate. 572.582 Ordinance STVR No. 5 — Special Review With Owner Definition 5/19/2022 - By Section STAFF REPORT PLANNING COMMISSION MEETING: July 18, 2022 CITY COUNCIL MEETING: August 11, 2022 LOCATION: N/A APPLICANT: City of Tybee Island OWNER: N/A EXISTING USE: /A PROPOSED USE: /A ZONING: N/A USE PERMITTED BY GT: N/A COMMUNITY CHARACTER P: N/A PLICATION: Amendment to Article 4, Zoning Districts, PROPOSAL: Amend 4-050(A), O, (C) to explicitly ban short-term rentals in R-1, -113, and -2 and make existing short-term rentals in these districts nonconforming uses. Additional amendments to Appendix A: Amend to add several definitions. Amend to add a notice of abandonment for nonconforming use. Amend to add allowances for STR in districts other than -1, -1, and R-2 Amend to add potential STR caps in certain districts Amend to add exceptions for owner occupied locations ALYSIS: These amendments are intended to restrict STR locations and eventually reduce or cap the number of STRs in -1, R-1, and -2 districts. STAFF FINDING: This Staff Report was prepared by George Shaw. ATTACHMENTS A. Amendment 1 Z-2 is WORD ORDINANCE N. 2022-04 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND GEORGIA, SO AS TO REVISE PERMISSIBLE USES IN RESIDENTIAL ZONING DISTRICTS SPECIFICALLY -1, -1- -2 SO AS TO CLARIFY THE SAME AND TO DISALLOW THE CREATION E ITTING OF CERTAIN USES TO INCLUDE SHORT-TERM VACATION RENTALS OF PROPERTIES IN SUCH ZONES BUT TO COGNIZE OR ADDRESS ANY PROPERTY CURRENTLY OPERATED AS A SHORT- TERM TAL PROPERTY IN SUCH ZONES, AND CONSIDER WHETHER SUCH USES SHALL BE AUTHORIZED TO CONTINUE SUBJECT TO THE TERMS CONTAINED HEREIN AND TO FURTHER END THE CODE SO AS TO CLARIFY THE TERMS THEREOF BY WAY OF APPROPRIATE DEFINITIONS, TO PROVIDE FOR STANDARDS Y WHICH PREVIOUSLY OPERATED LOCATIONS AND NOW TO BE POTENTIALLY NON -CONFORMING USES THAT MAY BE DISCONTINUED, ABANDONED O LONGER BECOME SHORT-TERM RENTAL PROPERTIES, AS DEFINED HEREIN AN TO CREATE REVIEW PROCEDURES LATED TO ANY DISPUTES AS TO THE DISCONTINUANCE OF SUCH USES AND TO REPEAL CONFLICTING PROVISIONS, TO ESTABLISH AN EFFECTIVE DATE AND FOR OTHER PURPOSES. 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 revise zoning definitions and adopt ordinances under its police and home rule powers; and WHEREAS, the City of Tybee Island has conducted numerous public hearings, surveys, focus group sessions, stakeholder conference calls and other means of gauging public opinion over a period of years, all on the subject of rentals for under 30 days. While these activities have been held covering all zoning areas on Tybee, this ordinance addresses rental activity within the -1, R- I -B and -2 areas only; and WHEREAS, the community has alimited number of housing units contained within these three residential zones and is seeking to protect and maintain the quantity and diversity of housing options for the general public in accordance with the Tybee Island master plan. The character of the island's residential community is an important feature for residents and for any visitor on the island. The existing tourist trade is very dependent upon this diversity and on the unique character currently found in these zones; and WHEREAS, the City of Tybee Island has demonstrated that the usage of this limited residential housing stock has become increasingly dominated by rentals for less than thirty days, and in many cases, high turnover rentals with stays of less than five days. These units are also increasingly operated by absent owners, agents, investment firms and other real estate operations with no connection to the Tybee Island community, as demonstrated during the many sessions for public input. This increase has been verified by third party software purchased by the City with the intent to register and monitor these Short -Tenn Vacation Rentals. The methods and results of this software have been made extensively public and have been thoroughly examined; and WHEREAS, additionally, while anecdotal evidence demonstrates that behavior by this transient, rental population has improved significantly over the last few years, this has not been achieved without significant dedication of resources by the City of Tybee Island well as significant cooperation from local owner/operators, including, but not limited to, the creation of strict residential noise ordinances, sign ordinances, a dedicated complaint hotline, occupancy restrictions, and an entire dedicated enforcement department enforcing ordinances through citations. These efforts demonstrate the need for continued regulation of this expanding short term rental industry within the residential zones; and WHEREAS, cities must from time to time update existing zoning definitions to keep pace with changes in technology, population trends and land usages. The City of Tybee Island has determined that the increase in online reservation systems and other peer to peer technology breakthroughs has substantially altered the face of the tourism industry and this plays a significant role in changing the character of neighborhoods within these residential zones; and WHEREAS, the City has conducted a carrying capacity study that addresses the impact of density and consequences upon the City's infrastructure and which calls for restrictions beyond those previously imposed upon certain uses, including Short -Term Rentals; and NOW THEREFORE, it is hereby ordained by the Mayor and Council duly assembled the Code of Ordinances will be amended so as to provide as follows: SECTION 1 — PURPOSE AND INTENT The purpose of this ordinance is to clarify the definitions and uses for certain residential zoning districts. Section4-050(A)(B) and (C) of Article 4 of the Land Development Code shall be amended so as to include the following sections for all buildings and structures located within zoning districts -1, -1-13 and -2. Except asset forth herein, no residence, structure or building within zones -1, R-1-13 and -2, shall be operated as a Short -Term Vacation Rental or leased or rented or held available for rental for less than thirty days. Existing and ongoing properly permitted Short -Term Vacation Rentals which have been operated within the City in zones -1, - I -B and -2 prior to the effective date hereof shall not be a use as of right, but rather, such use will be a nonconforming use hereafter, except for owner occupied locations as authorized below or in other sections of the Code of Ordinances. SECTION 2 — DEFINITIONS The following words and phrases, as used in this article, shall have the following meanings: Authorized agent means the owner's agent or the owner's designee who is normally available d authorized to respond to any issues arising from a short-term rental unit within two hours and who is authorized to receive written notice on behalf of the owner. Cap means the maximum number of properties that may be licensed for Short -Term Vacation rental use in a given zoning district which may be later defined or established with a restricted zoning designation. The cap may be calculated as a percentage of the total number of developed dwelling units and developable lots within a zoning district or, alternately, as a flat number, not a percentage. Once a zoning district has met its cap, a waiting list or other means of determining eligibility for a permit may be established for properties which seek to obtain a short-term vacation rental permit. Short-term rental (STR) property means an accommodation, rented or leased for less than 30 consecutive days, used in a manner consistent with the residential character of the dwelling. There shall only be one short-term rental permit per parcel. Sublet rentals is a property which is leased from its owner on a long-term basis (30 days or longer) but then made available by the lessee for short term rental or occupancy to a different party and shall be considered a short-term vacation rental and both lessor and lessee are subject to ordinances regulating short term vacation rentals. ECTIO 3 ® NOTICE If a property holding a Short -Tenn Vacation Rental permit in zoning districts -1, R-1 and R-2 fails to conduct short term rentals (rentals of less than 30 days each) within a consecutive 6 -month period, it shall be presumed that such short-term vacation rental use has been abandoned d therefore such use shall be unauthorized. It is the owner or rental operator's burden to establish the rentals. The existence of rentals shall be proven by the applicable tax returns filed by the owner for that location. In the event tax returns or other verifiable tax documentation are not available due to the rental occurring, or allegedly occurring, through a marketplace innkeeper or an online booking service, (such as Airbnb or similar providers), the owner may establish rentals through other documentation including rental records to the City's satisfaction. No new permit or renewal of a permit shall be granted if an owner or rental operator fails to make this showing of rentals. , Any new owner seeking a permit is responsible to demonstrate the prior property owner's rental history. Any previously operated Short -Term Vacation Rental within the R-1, R- I -B and R-2 zoning districts which is determined abandoned will no longer be allowed to operate as a Short - Tenn Vacation Rental. ECT 4 — ALLOWANCES In locations other than properties zoned -1, R-113 or -2, notwithstanding any other provisions in the Code of Ordinances, a Short -Tenn Vacation Rental use is allowable in any zoning districts as long as the Short -Term Vacation Rental location and the owners, agents or representatives for such location are in full compliance with all provisions of the City's then current Short -Term Vacation Rental Ordinance currently codified at 34-260, et seq. including but not limited to all requirements regarding the payment of taxes, compliance with the Good Neighbor Policy, enforcement of the occupancy limits, compliance with noise and other regulations and such property has avoided citations for violating the Disorderly House Ordinance. However, in zones R-1, R-113 and -2, there shall only be one Short -Term Vacation Rental permit issued per parcel identified by tax records. SECTION 5 — CAPS IN CERTAIN ZONING For purposes of this sections a restricted zoning designation category or cap shall be any zoning district in which an ordinance exists limiting the number of authorized Short -Term Vacation Rentalunits in that particular district. In the event a cap on Short-term Vacation Rental its exists for a certain zoning district and a permitted unit in that district is thereafter disqualified for a rental permit, thatunit's permit shall be void. No new location or unit will be issued a Short- term Vacation Rental permit to operate as an STVR in any restricted zoning designation district which has already issued pe is equaling the cap. Exceptions to this prohibition of issuing new permits over any cap may be allowed as set forth by ordinance. The City may establish a waiting list or other means of determining eligibility for a permit for locations in a restricted zoning designation district as necessary. SECTION 6 — NEW PERMITS PROHIBITED OCCUPIEDEXCEPTION FOR OWNER C No new permits are allowable in residential zones except as otherwise provided herein: Owner occupied, as defined herein, shall be permitted following special review if the requirements of all applicable ordinances are met, special review is approved by the Mayor and Council and any conditions imposed by the Mayor and Council are properly implemented. SECTION 7 All ordinances and parts of ordinances in conflict herewith are expressly repealed. 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 2022; ADOPTED THIS DAY OF ; 2022. MAYOR ATTEST: CLERK OF COUNCIL FIRSTREADING: Amended STVR Ordinance W-0 Hardship — 5-31-2022 - By Section STAFF REPORT$rPLANNING COMMISSION MEETING: July 18, 2022 CITY COUNCIL MEETING: August 11, 2022 LOCATION: /A APPLICANT: City of Tybee Island OWNER: /A EXISTING USE: N/A PROPOSED USE: /A ZONING: N/A - USE PERMITTED Y RIGHT: /A COMMUNITY C CTER : /A PLICATION: Amendment to Article 4, Zoning Districts. PROPOSAL: Amend 4-050(A), (B), and (C) to add a parking requirement for short term rentals in the -1, R-113, and -2 districts. ANALYSIS: The amendment contradictsour current residential parking requirement and will create additional hardscape or impervious surfaces. STAFF FINDING: This Staff Report was prepared by George Shaw. ATTACHMENTS A. Amendment 1 Revised 7-6-2022 To add a section to the Zoning Code, addressing parking at Short -Term locations o s: Short-Short-Terin Rental locations in areas zone -1, -2, or J- authorized to operate within the City shall submit a "parking plan" designating the -number of authorized and required parking places for the Short -Term ental location. The places designated shall be marked on a plat, or current survey and all required parking places shall be out of the right of way and on the premises of the STR location. However, vehicles may not be parked on the lawns or unpermitted areas depicted on the survey or plat. There shall be one parking place for each identified bedroomon the application or other submittal to the City for theShort- Term ental operation. The restriction imposed by this section shall only apply to parking of a location from 11:00 p.m. until 7:00 a.m. daily. ZONING 572.582 Z-3 Revised Zoning 7-6-2022 572.582 Z-3 Revised Zoning 7-1-2022 572.582 Ordinance — Z-3 6/27/2022 572.582 Ordinance —STVR-1 5/31/2022 572.582 Ordinance — STVR— Additional Controls 5/23/2022 572.582 Ordinance — STVR — Additional Controls 5/14/2022 572.582 Ordinance — STVR — Additional Controls 5/16/202 CITY OF -rYBEE ISLAND Page I of LAND DEVELOPMENT CODE TEXT AMENDMENT APPLICATION Fee $500 Applicant's e (�rry op SLAW6 Applicant's Telephone Number 0 Applicant's MailingAddress 5 (34 If within two (2) years immediately preceding the filing of the Applicant's application for a zoning ion, 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: . The name of the local government official to whom the campaign contribution or gift was made; . The dollar amount of each campaign contribution made by the applicant t the local government official during the two (2) years immediately recein 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 o $250 or more made by the Applicant to the local government official during the two O years immediately preceding the filing of the application for this zoning action. Disclosure of Campaign C tributons for attachment hereto: Yes-A,-� ignature o A p p Ii ca n Date NOTE: Other specific data is required for each proposed Text Amendment. City OffIcial Date e 2 of This application must be accompanied by additional documentation, incluin drawings and/or text that include or illustrate the information outlined below. Indicate in the spaces provided whether or not the required information is provided. YES or NO REFERENCE-DESCRIPTION 5-020 O An amendment to the text of the Land Development Code requires a hearing by the Planning Commission and approval by the Mayor and Council at scheduled public hearing. -040 O (1) In the case of a text amendment, the application shall set forth the new text to be added and the existing text to be deleted. -110 Section 5-110, Standards for Land Development Code or Zoning Map Amendment Approval, identifies standards and other factors to be considered by the Mayor and Council in making any zoning decision. The Applicant should provide written data addressing each of the below listed standards and factors to assure consideration of applicable information. -110 O The existing land use pattern; -110 O The possible creation of an isolated district unrelated to adjacent and nearby districts; 5-110 (C) ; The existing population density ern and the possible increase or overtaxing of the load on public facilities; 5-110 O Whether changed or changing conditions make the passage of the proposed amendment reasonable; 5-110 O Whether the proposed change will adversely influence existing conditions i the neighborhood or the city at large; -110 O Potential impact on the environment, including but not limited to drainage, soil erosion and sedimentation, flooding, air quality, and water quality and quantity; 5-110 O The reasonableness of the costs required of the public in providing, improving, increasing or maintaining public utilities, schools, streets and public safety necessities when considering the proposed changes; 5-110 (H) Whether the proposed change will be detrimental to the value or improvement or development of adjacent or nearby property in accordance with existing requirements; 5-110(1) Whether the proposed change is out of scale with the needs of the neighborhood or entire city; 5-110 O Whether the proposed change will constitute a grant of special privilege to the individual owner as contrasted with the adjacent or nearby neighborhood or with the general public; and, —Y— 5-110 O The extent to which the zoning decision is consistent with the current city master plan or other local planning efforts, if any, of the city. The Applicant certifies that he/she has read the requirements for Land Development Code Text Amendments and has provided the required information to the best of his/her ability in a truthful and honest manner. ignature Ali nt Date a;Page 3 of 3 4 CITY OF TYBEE ISLAND 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 FOLLOWING SECTION: NAMEOF GOVERNMENT OFFICIAL CONTRIBUTIONS GIFTS DATE OF OF $250.00 -F $250.00 CONTRIBUTION OR MOREOR MORE IF YOU WISH TO SPEAK CONCERNING THE ATTACHED REZONING APPLICATION, THIS FORM MUST BE FILED WITH THE ZONING ADMINISTRATOR FI (5) DAYS PRIOR TO PLANNING COMMISSION MEETING IF CAMPAIGN CONTRIBUTIONS O GIFTS IN EXCESS OF $250.00 HAVE BEEN MADE TO ANY MEMBER OF THE PLANNING COMMISSION OR MAYORAND COUNCIL. Signature -/�. 6 Printed Name Date