Loading...
HomeMy Public PortalAbout20220815-PC_PACKET.pdf PLANNING COMMISSION CITY MANAGER Marie Gooding Shawn Gillen Susan Hill Elaine McGruder COMMUNITY DEVELOPMENT DIRECTOR David McNaughton George Shaw Whitley Reynolds Marie Rodriguez CITY ATTORNEY Martha Williams Edward M. Hughes Planning Commission Meeting AGENDA (AMENDED) August 15, 2022 – 6:30 p.m. For City Council Meeting September 8, 2022 – 6:30 p.m. Call to order: Consideration of Minutes: 1. Minutes of July 18, 2022 Disclosures/Recusals: Public Hearings Old Business: 1 Text Amendment: Land Development Code –4-050(A) (2) -4-050(A),(B), (C) -5-020(A) -5- 040(B) -City of Tybee Island New Business: 1. Special Review: 3 Ocean View Court – Daniel & Ann Iyer. 2. Tree Appeal: 30 Meddin Drive – Tybee Island Historical Society. 3. Site Plan: 601 US Hwy 80 – Cameron Weeks 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 CITY MANAGER Marie Gooding Shawn Gillen Susan Hill David McNaughton Elaine McGruder COMMUNITY DEVELOPMENT DIRECTOR Whitley Reynolds George Shaw Marie Rodriguez Martha Williams CITY ATTORNEY CITY ATTORNEY Edward M. Hughes Planning Commission Meeting MINUTES July 18, 2022 Chair David McNaughton called the July 18, 2022, Tybee Island Planning Commission meeting to order. Commissioners present were Vice Chair Elaine McGruder, Susan Hill, Whitley Reynolds, Marie Rodriguez and Marie Gooding. Martha Williams was absent. Consideration of Minutes: Chair David McNaughton asked for consideration of the June 13, 2022, meeting minutes. Whitley Reynolds made a motion to approve. Elaine McGruder seconded. Vote was unanimous. Disclosures/Recusals: Chair David McNaughton asked if there were any Disclosures or Recusals. David McNaughton stated he would recuse himself from the Text Amendment to the Land Development code and Elaine McGruder will chair during that item. Public Hearings: Variance: 168 S. Campbell Ave: 40016 02016 – Steve Kellam. George Shaw stated this property is in the front setback and the Marsh Buffer. The applicant was in the FEMA house lifting grant and then decided he needed a second floor but the grant does not allow any additions so he opted out of the grant program and is asking for the variance to do the upstairs. Staff recommends denial. Steve Kellam, who lives at 218 Catalina Drive approached the Planning Commission and stated he owns 168 Campbell Avenue and he would like to let his Contractor speak on this item. Anthony Sapone who lives at 112 Sea Lane approached the Planning Commission and stated he was the one that started building the upstairs before they were supposed to that was going to be planned for after the house was lifted so that got him kicked out of the grant and this is why they are asking for the variance now to build the upstairs. They really need an extra bath and bedroom to this footprint. Susan Hill asked if this is not approved what do you plan to do. Anthony Sapone stated put the roof back on and leave it the way it is. David McNaughton asked will a continuance propose an issue for you. Anthony Sapone stated it is getting rain in it because there is no roof right now. Whitley Reynolds made a motion to continue. Elaine McGruder seconded. The motion to continue was unanimous. Variance: 6 Dogwood Ave: 40001 10013 – Barbara Miller. George Shaw stated this is for a lift to help Barbara Miller who has mobility issues to be able to get up stairs easier. There is no space outside of the setbacks to put the lift. Tim Steinhauser, who lives at 22, Pulaski, approached the Planning Commission and stated he is Barbara Millers neighbor and is helping her out with the lift since she is using a walker now and will be having another surgery for her shoulder. There is no other area that will work for the lift. Marie Rodriguez made a motion to approve. Elaine McGruder Seconded. The motion to approve was unanimous. Text Amendment: Land Development Code –4-050(A) (2) -4-050(A),(B), (C) -5- 020(A) -5- 040(B) -City of Tybee Island George Shaw stated there are three text amendments that the City Attorney has labeled Z1, Z2 & Z3. Z1 is creating a process to allow owner occupied short term rentals in the R1, R2 & R-1-B districts. Z2 is various potential changes that could create a method for creating a cap in the future. Z3 is the requirement for one parking space per bedroom. City Council would like comments, suggestions or a vote on these. Elaine McGruder stated she would still like to have a workshop on this. And she doesn’t feel comfortable with any of these amendments without a workshop. Whitley Reynolds stated these could be handled by code enforcement or the police. There is more problem with weekend visitors. Marie Gooding stated a workshop would be very helpful for more information of what are we trying to accomplish. Susan Hill stated Tybee has raised the bar since the past and a workshop is needed to understand and develop a balance. Speakers on Text Amendment: Steve Buckner, 8 Rosewood Avenue. Dale Williams, 1101 2nd Avenue. Larry Phillips, 1310 2nd Avenue. Debbie Kerney, 1101 2nd Avenue. Tony Leschak, 40 Captains View. Brian Sheilds, 5 11th terrace. Tonya Huff, 52 Captains View. Ruth Wilson, 1304 Venetian Drive. Roger Huff, 52 Captains View. Mary McLemore, 3 Ally 3. Neil Estroff, 716 Jones Avenue. Ginny Van Oostrom, 1807 Butler Avenue. Loren Schroder, 152 Rendant Avenue. Trena Brown, 11 5th Avenue. Keith Gay, 117 Catalina Avenue. Beth Sheffield, 1601 Chatham Avenue. Cody Gay, 2 6th Avenue. Amy Gaster, 129 Eagles Nest Drive. Jenny Rutherford, 1202 US Hwy 80. Marie Gooding made a motion on Z1 and Z2 to continue. Whitley Reynolds seconded. Until a workshop is scheduled. The vote to continue was 3-2. Whitley Reynolds, Marie Gooding and Elaine McGruder to break tie voted yeah and Marie Rodriguez and Susan Hill voted nay. Marie Gooding made a motion on Z3 to deny. Whitley Reynolds seconded. The vote to deny was 3-2. Whitley Reynolds, Marie Gooding and Elaine McGruder to break tie voted yeah and Marie Rodriguez and Susan Hill voted nay. Adjournment: 8:30pm Lisa L. Schaaf STAFF REPORT PLANNING COMMISSION MEETING: July 18, 2022 CITY COUNCIL MEETING: August 11, 2022 LOCATION: N/A APPLICANT: City of Tybee Island EXISTING USE: N/A ZONING: N/A COMMUNITY CHARACTER MAP: N/A APPLICATION: Amendment to Article 4, Zoning Districts. OWNER: N/A PROPOSED USE: N/A USE PERMITTED BY RIGHT: N/A 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 R-2 after special review. Amend 4-050(B) to allow owner occupied short-term rentals in R -1B 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-1, R -1B, and R-2 districts. STAFF FINDING ATTACHMENTS A. Amendment This Staff Report was prepared by George Shaw. 1 Original Z-1 in WORD ORDINANCE NO. 2022 - AN ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING TO SPECIAL REVIEW TO CHANGE THE PROVISIONS THEREOF AND TO SPECIFICALLY ADDRESS SPECIAL REVIEW REQUIREMENTS AT INITIAL APPLICATION FOR THE OPERATION OF A SHORT-TERM VACATION RENTAL IN ANY OWNER OCCUPIED LOCATION AND FOR CONTINUING SPECIAL REVIEW OF OWNER OCCUPIED SHORT-TERM VACATION RENTAL LOCATIONS; TO PROVIDE FOR AN EFFECTIVE DATE; AND TO REPEAL CONFLICTING ORDINANCES 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 adopt ordinances under its police and home rule powers; and WHEREAS, the City of Tybee Island continues to address issues regarding the existence of Short -Term Vacation Rentals and issues relating thereto; and WHEREAS, the City seeks to impose a special review requirement for alleged owner occupied Short -Term Vacation Rentals in residential zones (R-1; R -1-B; and R-2) 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; NOW THEREFORE, 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 permitted after special review so as to provide a new subsection to be: j. Owner Occupied Short -Term Vacation Rental Locations. By inclusion in R-1 by special review such use would be permissible by special review in R-2. SECTION II To amended Section 4-050(B)R-1-B so as to add a paragraph that provides: Upon special review, owner occupied Short -Term 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 5-020(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 Rental 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 be 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 term 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 in 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 for emergencies 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 of 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 furnishing 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 where and when 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. A 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 vacation rental 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 Georgia driver's license or Georgia identification card; 2) Registration for vehicles owned by and registered in the name of the applicant; 3) Voter Registration Card; 4) Previous years w-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 EXISTING USE: N/A ZONING: N/A COMMUNITY CHARACTER MAP: N/A OWNER: N/A PROPOSED USE: N/A USE PERMITbD BY RIGHT: N/A APPLICATION: Amendment to Article 4, Zoning Districts. PROPOSAL: Amend 4-050(A), (B), (C) to explicitly ban short-term rentals in R-1, R -1B, and R-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 R-1, R -1B, and R-2 Amend to add potential STR caps in certain districts Amend to add exceptions for owner occupied locations ANALYSIS: These amendments are intended to restrict STR locations and eventually reduce or cap the number of STRs in R-1, R -1B, and R-2 districts. STAFF FINDING: ATTACHMENTS A. Amendment I This Staff Report was prepared by George Shaw. ORIGINAL Z-2 in WORD ORDINANCE NO. 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 R-1, R -1-B AND R-2 SO AS TO CLARIFY THE SAME AND TO DISALLOW THE CREATION OR PERMITTING OF CERTAIN USES TO INCLUDE SHORT-TERM VACATION RENTALS OF PROPERTIES IN SUCH ZONES BUT TO RECOGNIZE OR ADDRESS ANY PROPERTY CURRENTLY OPERATED AS A SHORT- TERM RENTAL PROPERTY IN SUCH ZONES, AND CONSIDER WHETHER SUCH USES SHALL BE AUTHORIZED TO CONTINUE SUBJECT TO THE TERMS CONTAINED HEREIN AND TO FURTHER AMEND THE CODE SO AS TO CLARIFY THE PERMS THEREOF BY WAY OF APPROPRIATE DEFINITIONS, TO PROVIDE FOR STANDARDS BY WHICH PREVIOUSLY OPERATED LOCATIONS AND NOW TO BE POTENTIALLY NON -CONFORMING USES THAT MAY BE DISCONTINUED, ABANDONED AND NO LONGER BECOME SHORT-TERM RENTAL PROPER TIES, AS DEFINED HEREIN AND TO CREATE REVIEW PROCEDURES RELATED TO ANY DISPU 1'ES 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 R-1, R 1-B and R-2 areas only; and WHEREAS, the community has a limited 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 -Term 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. Section 4-050(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 R-1, R -1-B and R-2. Except as set forth herein, no residence, structure or building within zones R-1, R -1-B and R-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 R-1, R -1-B and R-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 and 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. SECTION 3 —NOTICE OF AND ABANDONMENT OF NONCONFORMING USE If a property holding a Short -Term Vacation Rental permit in zoning districts R-1, R -1-B 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 and 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 -1-B and R-2 zoning districts which is determined abandoned will no longer be allowed to operate as a Short - Term Vacation Rental. SECTION 4 — ALLOWANCES In locations other than properties zoned R-1, R -1B or R-2, notwithstanding any other provisions in the Code of Ordinances, a Short -Term 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 -1B and R-2, there shall only be one Short -Term Vacation Rental permit issued per parcel identified by tax records. SECTION 5 — CAPS IN CERTAIN ZONING DISTRICTS For purposes of this section, 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 Rental units in that particular district. In the event a cap on Short-term Vacation Rental units exists for a certain zoning district and a permitted unit in that district is thereafter disqualified for a rental permit, that unit'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 permits 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 EXCEPTION FOR OWNER OCCUPIED LOCATIONS 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. ADOP'1'ED THIS DAY OF , 2022. MAYOR AT PEST: CLERK OF COUNCIL FIRST READING: Amended STVR Ordinance W -O Hardship — 5-31-2022 — 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: N/A PROPOSED USE: N/A ZONING: N/A USE PERMITTED BY RIGHT: N/A COMMUNITY CHARACTER MAP: N/A APPLICATION: 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 R-1, R-1 B, and R-2 districts. ANALYSIS: The amendment contradicts our current residential parking requirement and will create additional hardscape or impervious surfaces. STAFF FINDING: ATTACHMENTS A. Amendment This Staff Report was prepared by George Shaw. 1 Z-3 Revised 8-3-2022 To add a section to the Zoning Code, addressing parking at Short -Term Rental locations as follows: Every Short -Term Rental location authorized to operate within the City shall submit a "parking plan" designating the number of authorized and required parking places for the Short -Term Rental 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 bedroom on the application or other submittal to the City for the Short -Term Rental operation plus one additional space. 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 8-3-2022 — Parking Plus One 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 5/19/2022 572.582 Ordinance — STVR — Additional Controls 5/16/202 Applicant's Name CITY OF TYBEE ISLAND LAND DEVELOPMENT CODE TEXT AMENDMENT APPLICATION CA-ri op Na I SLA-Nb Page 1 of 3 Fee $500 Applicant's Telephone Number 7 ( - Li 7 ; - So 3 I Applicant's Mailing Address P. 6 -.k),4 27(l l / TY8EG Is D ,GAS 3134 If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, 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: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding 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 of $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. Disclosure of Campaign C tributions form attachment hereto: Yes Signature df Applicant Date City Official NOTE: Other specific data is required for each proposed Text Amendment. Date ‘' �7_ ,a Page 2 of 3 NOTE: This application must be accompanied by additional documentation, including 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 (E) 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 a scheduled public hearing. 5-040 (E) (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. 5-110 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. JV 5-110 (A) The existing land use pattern; 5-110 (B) The possible creation of an isolated district unrelated to adjacent and nearby districts; N 5-110 (C) The existing population density pattern and the possible increase or overtaxing of the load on public facilities; 5-110 (D) Whether changed or changing conditions make the passage of the proposed amendment reasonable; 5-110 (E) Whether the proposed change will adversely influence existing conditions in r the neighborhood or the city at large; N 5-110 (F) 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 (G) 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 (I) Whether the proposed change is out of scale with the needs of the neighborhood or entire city; 5-110 (3) 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 (K) 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. Signature c 'Applicant Date Page 3 of 3 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 �C IF YES, PLEASE COMPLETE THE FOLLOWING SECTION: NAME OF GOVERNMENT OFFICIAL CONTRIBUTIONS OF $250.00 OR MORE GIFTS OF $250.00 OR MORE DATE OF CONTRIBUTION IF YOU WISH TO SPEAK CONCERNING THE ATTACHED REZONING APPLICATION, THIS FORM MUST BE FILED WITH THE ZONING ADMINISTRATOR FIVE (5) DAYS PRIOR TO PLANNING COMMISSION MEETING IF CAMPAIGN CONTRIBUTIONS OR GIFTS IN EXCESS OF $250.00 HAVE BEEN MADE TO ANY MEMBER OF THE PLANNING COMMISSION OR MAYOR AND COUNCIL. Signature Printed Name Date St4i evyt 6- - 722 Lisa Schaaf From: George Shaw Sent: Wednesday, July 20, 2022 3:13 PM To: Lisa Schaaf Subject: FW: Proposal to Amend Article 4 Zoning Districts - Parking Requirements - PDF 2 Attachments: Parking Ordinance Photos Redacted Part 2_Redacted.pdf From: Cody Gay <codyg@renttybee.com> Sent: Monday, July 18, 2022 4:45 PM To: David McNaughton <dmcnaughton@cityoftybee.gov>; Marie Rodriguez <Mrodriguez@cityoftybee.gov>; Marie Gooding <Marie.Gooding@cityoftybee.gov>; Martha Williams <Martha.williams@cityoftybee.gov>; Whitley Reynolds <whitley.reynolds@cityoftybee.gov>; Elaine McGruder <elaine.mcgruder@cityoftybee.gov>; Susan Hill <susan.hill@cityoftybee.gov>; George Shaw <gshaw@cityofitybee.gov> Cc: Keith L Gay Senior <keith@buytybee.com> Subject: Proposal to Amend Article 4 Zoning Districts - Parking Requirements - PDF 2 Distinguished Commission Members and City Staff, This is email two provided to submit supporting documents for my objection stated in the previous email. The subject line of the email was Proposal to Amend Article 4 Zoning Districts - Parking Requirements - PDF 1 Cody Gay Full -Time Resident and Business Owner Operator Thank You! Cody Shawn Gay Managing Partner codyg©renttybee.com (912) 800 9036 1106 US Highway 80 - PO Box 2802 - Tybee Island GA 31328 Phone 912.786.0100 - Fax 912.786.8770 This e-mail, any attachment, and the information contained therein ("this message") may contain information that is privileged, proprietary, confidential, and exempt from disclosure and are intended solely for the use of the addressee(s). If you have received this message in error, please send it back to the sender and delete it. If you are not the intended recipient, this disclaimer serves as 1 PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: July 18, 2022 Project Name/Description: Land Development Code —4-050(A) (2) -4 -050(B) -5-020(A) -5- 040(A)&(B)-5-070 — Z1 -City of Tybee Island Action Requested: Text Amendment Special Review Site Plan Approval Variance Map Amendment Text Amendment X Subdivision: Sketch Plan Approval Conceptual Preliminary Plan Approval Final Plat Approval Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: The Planning Commission Motion on Petition: ❑ Approval ❑ Denial ® Continued Action on Motion: COMMISSIONER FOR AGAINST COMMENTS McNaughton CHAIR - RECUSED McGruder X VICE CHAIR Gooding X MOTION Hill X Reynolds X SECOND Rodriguez X Williams A ABSENT Planning Commission Chair: Planning & Zoning Manager: 1.(AC Date:1-.�1rL Date: 7- 40 �2 PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: July 18, 2022 Project Name/Description: Land Development Code -4-050(A), (B), (C) -Z2-City of Tybee Island Action Requested: Text Amendment Special Review Site Plan Approval Variance Map Amendment Text Amendment X Subdivision: Sketch Plan Approval Conceptual Preliminary Plan Approval Final Plat Approval Minor Subdivision _ Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: The Planning Commission Motion on Petition: ❑ Approval ❑ Denial ►1 Continued Action on Motion: COMMISSIONER FOR AGAINST COMMENTS McNaughton CHAIR - RECUSED McGruder x VICE CHAIR Gooding X MOTION Hill X Reynolds X SECOND Rodriguez X Williams A ABSENT Planning Commission Chair: Planning & Zoning Manager: Date: 1 -40—.)-0- Date: 7 ' 20 ' �2 PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: July 18, 2022 Project Name/Description: Land Development Code -4-050(A), (B), (C) —Z3-City of Tybee Island Action Requested: Text Amendment Special Review Site Plan Approval Variance Map Amendment Text Amendment X Subdivision: Sketch Plan Approval Conceptual Preliminary Plan Approval Final Plat Approval Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: The Planning Commission Motion on Petition: ❑ Approval ® Denial ❑ Continued Action on Motion: COMMISSIONER FOR AGAINST COMMENTS McNaughton CHAIR - RECUSED McGruder X VICE CHAIR Gooding X MOTION Hill X Reynolds X SECOND Rodriguez X Williams A ABSENT Planning Commission Chair: Planning & Zoning Manager: Date Date: — ZB�� STAFF REPORT PLANNING COMMISSION MEETING: August 15, 2022 CITY COUNCIL MEETING: September 8, 2022 LOCATION: 3 Oceanview Ct. APPLICANT: Daniel and Cheri Iyer OWNER: Daniel and Cheri Iyer EXISTING USE: Residence PROPOSED USE: Same ZONING: R-1 USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Ft. Screven Historic District APPLICATION: Special review for construction of a retaining wall in the dune setback. PROPOSAL: The applicant is requesting to build a retaining wall to stop dune encroachment. ANALYSIS: The dunes on the Iyer property continue to move landward due to rain and wind. The landward toe of the dune is now partly below the Iyer home. The construction of the retaining wall would create a barrier to prevent the dune encroachment and allow the homeowners to have certainty regarding usable area. 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, R-2, R -T, R-1/NEC, P -C, and PUD. Comprehensive Plan — Community Character Area The Ft. Screven Historic District Recommended Development Strategies Meets Strategy Y/N or N/A 1. Establish standards and guidelines for signage N/A 2. Provide signage for landmarks and historic businesses N/A 3. Preserve and restore historic structures whenever possible N/A 4. Provide appropriate incentives for historic restoration projects N/A 5. Ensure continued preservation of old growth trees, parks, and greenspace N/A 6. Support an improved bicycle and pedestrian environment with connected facilities N/A 7. Consider adoption of architectural standards for historic structures N/A STAFF FINDING Staff recommends approval. ATTACHMENTS This Staff Report was prepared by George Shaw. 1 A. Special review application B. Survey C. Wall design 2 Applicant's Name CITY OF TYBEE ISLAND SPECIAL REVIEW APPLICATION, Fee $500 Dar-we,1 N. Ts aid Arm C �.v�X w)aLP--/i1-7 Address and location of subject property C Teas,.il Cc " 1 1 be21 S by( 6A - PIN 400031 NO Applicant's Telephone Numbe(7(0)(47H- Legg 3132' • Applicant's s Mailing Address 3 n q ieu C• [ q ie tskafict 16A N3 2-? Brief description of the land development activity and use of the land thereafter to take place on the property: A td cu, IreA-ct:Lik. ()rot, p.s2A, Property Owner's Name _ Telephone Numbers Q i4 4795 0 � I f /�' 31� Property Owner's Address 3 C Ettr\ i t ek 3 C4 q� l cSUQ.�Id1 6A Is Applicant the Property Owner? V Yes No If Applicant is the Property Owner, Proof of Ownership is attached: _ Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is attached hereto., (Yes Current Zoning of Property �� Current Use QS \ Lc2_Q Names and addresses of all adjacent property owners are attached: 1/ Yes If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, 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: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding 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 of $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the ation for this ng action. (ol Date NOTE: Other specific data is required for each type of Special Review. Fee Amount $ S(/V • tZ Che Number WO Date 6//C0 /02,2 -- City Official /� G NOTE: This application must be accompanied by following information: A detailed description of the proposed activities, hours of operation, or number of units. 8 copies, no smaller than 11 x 17, of the proposed site plan and architectural renderings. Disclosure of Campaign Contributions form The Applicant certifies that he/she has read the requirements for Site Plan Approval and has provided the uired information to the best of his/her ability in a truthful and honest manner. ignature of Applicant Date 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: NAME OF GOVERNMENT OFFICIAL CONTRIBUTIONS OF $250.00 OR MORE GIFTS OF $250.00 OR MORE DATE OF CONTRIBUTION IF YOU WISH TO SPEAK CONCERNING THE ATTACHED REZONING APPLICATION, THIS FORM MUST BE FILED WITH THE ZONING ADMINISTRATOR FIVE (5) DAYS PRIOR TO PLANNING COMMISSION MEETING IF CAMPAIGN CONTRIBUTIONS OR GIFTS IN EXCESS OF $250.00 HAVE BEEN MADE TO ANY MEMBE' . HE PLANNING COMMISSION OR MAYOR AND COUNCIL. Signature Printed Name Nt 1\ C1' ESL.✓ t Date (0/ U0 I '.- e" PARID: 40003 10008 IYER DANIEL 3 OCEAN VIEW CT Tax Commissioner Summary Status Alternate ID Bill # Tax District/Description Legal Description Appeal Status Parcel Status Parcel Status Active Parcel Information Property Class Mortgage Company Exemptions Most Current Owner Deferral Exist Current Owner Co -Owner IYER DANIEL IYER ANN CHERI* Digest Owner (January 1) Owner Co -Owner IYER DANIEL IYER ANN CHERI* No ACTIVE 2926761 2926761 040-TYBEE LT 7 OCEAN VIEW SUB Years Support R3 - Residential Lots Care Of Care Of Tax (Penalties and Interest Included through Current Date) Year 2022 2021 2020 2019 2018 2017 2016 2015 Total: Cycle 1 1 1 1 1 1 1 1 Payment Information Payment Sequence 4163750297 User ID Effective Date Location Source MORTCO UPD-999555 05/10/2022 MCPAY 5000 Mailing Address 3 OCEAN VIEW COURT TYBEE ISLAND GA 31328 Mailing Address 3 OCEAN VIEW COURT TYBEE ISLAND GA 31328 Billed 11,094.51 22,187.36 25,764.28 24,768.59 22,121.87 19,100.12 19,100.11 19,129.75 163,266.59 Business Date Pymt Type 05/10/2022 Z22 Payment Applied $11,094.51 Paid -11,094.51 -22,187.36 - 25,764.28 - 24,768.59 - 22,121.87 - 19,100.12 - 19,100.11 -19,129.75 -163,266.59 Tolerance/ Payment Overpayment Methods $0.00 $0.00 Total Millage Rate 16.8038 Due 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Payment $11,094.51 Payer Details Payment User ID Effective Date Total Sequence Location Source Payment Payer Information 4163750297 MORTCO UPD-999555 05/10/2022 $11,094.51 LERETA, LLC MCPAY 5000 901 CORPORATE CENTER DR POMONA CA 91768 Billings Detail Authority Code Code Authority Name Millage Billed Paid Due COUNTY - OPER TAX COUNTY M&O 5.7720 $3,810.87 -$3,810.87 $0.00 SCHOOL - OPER TAX COUNTY SCHOOL M&O 9.0660 $5,985.74 -$5,985.74 $0.00 TYBEE - CITY TAX TYBEE ISLAND 1.9658 $1,297.90 -$1,297.90 $0.00 Total: 16.8038 $11,094.51 -$11,094.51 $0.00 Item Area Main Building 960 - 901:OPEN SLAB PORCH 256 Al - 100 100- LIVING SPACE A2 - 100:100- LIVING SPACE A3 - 903:903 -Wood Deck (SF) 80 1390 104 A4 - 903:903 -Wood Deck (SF) 412 A5 - 903.903 -Wood Deck (SF) 72 SAGIS Map Viewer 7/192022, 11:06:42 A M n Zoning Property Boundaries (Parcels) 0 0 R-1 CO Z 0 0 m z 1:564 0 0 0.01 0.02 mi 0 0.01 0.01 0.02 km Esri Community Maps Contributors, Savannah Area GIS, D OpenStreelMap, Microsoft Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, NETI/ NASA, USGS, EPA, NPS, US Census Bureau, USDA, SAGIS SAGIS cc.r r',men,'nln,mmncrnnhh,rk'rc Cavannah Aron nIC 0 nnonStraeTMan ivirnxnft Fcri HFRF Carrnin SafeCranh GenTechnolonies. Inc. METIMASA. USGS, EPA. NPS, US Census Bureau, • RESERVED FOR THE CLERK OF COURT 1. THE FIELD DATA WAS COLLECTED USING A TOPCO N - ES TOTAL CARLSO N RTX DATA COLLECTOR AND A CARLSON BRS6. GPS. 2. THIS PROPERTY IS NOT LOCATED IN A FEDERAL FLOOD AREA AS INDICATED BY THE F.I.R (. 1 OFFICIAL FLOOD HAZARD M APS. 3. THIS PLAT HAS BEEN CALCULA TED FOR CLOSURE AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 100,000 FEET. 4. "TO THE BEST OF MY KNO WLEDGE. INFO RM ATION AND BELIEF ALL ANGLES, BEARINGS, MEASUREM ENTS OF COURSES, DISTANCES AND M ONUMENTS LOCATIONS ARE AS SHOWN, HAVE BEEN PROVEN BY A LAND SURVEY AND IN MY OPINION THIS IS A CORRECT REPRESENTATION OF THE LAND PLATTED AND HAS BEEN PREPARED IN CONFORMITY WITH THE MINIMUM STANDARDS AND REQUIREMENTS OF GEORGIA LAW 1976". 6. THIS SURVEY COMPLIES WITH BOTH THE RULES OF THE GEORGIA BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND THE OFFICIAL CODE OF GEORGIA ANNOTATED (OCGA) 15-0-67 ) IN THAT WHERE A CONFLICT EXISTS BETW EEN THESE TWO SETS OF SPECIFICATIONS THE REQUIREMEN TS OF THE LAW PREVAIL, 6. WILLIA M MARK GLISSON, THE LAND SURVEYOR WHOSE SEAL IS AFFIXED HERETO DOES NOT GUARANTEE THAT ALL EASEMENTS WHICH MAY AFFECT THE PROPERTY ARE SHOW N.THE CERTIFICATION, AS SHOWN HEREON,IS PURELY A STATEMENT OF PROFESSIONAL OPINION BASED ON KNOW LEDGE. INFORMATION AND BELIEF, AND BASED ON EX ISTING FIELD EVIDENCE AND DOCUMENTARY EVIDENCE AVA ILA BLE. THE CERTIFICATION IS NOT EXPRESSED OR IMPLIED WARRANTY OR GUARANTEE O), ,46. 4/ SURV EYOR CERTIFICATION THIS PLAT IS A RETR ACEMENT OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT SUBDIVIDE OR CREATE A NEW PARCEL OR MAKE ANY CHANGES TO ANY REAL PROPERTY BOUNDARIES. THE RECORDING INFORMATION OF THE DOCUM ENTS, MAPS, PLATS, OR OTHER INSTRUMENTS WHICH CREATED THE PARCEL OR PARCELS ARE STATED HEREON. RECORDATION OF THIS PLAT DOES NOT IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS, COMPLIANCE WITH LO CAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY OR ANY USE OF PURPOSE OF THE LAND. FURTHERMORE, THE UNDERSIGNED LAND SURVEYOR THAT THIS PLAT COMPLIES WITH THE M INIMUM TECHNICAL STANDARDS FOR PROPERTY SURVEY - G EO RG IAA S SET FO RTH IN THE RULES AND REGULATIONS OF THE • ORG ' BOARD OF REGISTRATION FOR P ROFESSIO NAL ENGINEERS AND D SU V EYO RS ANO AS SET FO RTH IN O. 0 C.A. SECTIO N 13.6.87. WILLIAM MARK GI 40' 0 40' 83316 80' GRAPHIC SC ALE 1" -411' DATE STATE OF GEORGIA �r0 SURVEY OF LO T # 7 OF THE OCEANVIEW SUBDIVISION LOCA TED IN THE FORT SCREVEN SUBDIVISION TYBEE ISLAN D, CHATHAM COUNTY , G EO RIGIA AREA = 0.359 ACRES 104. 69' 8 6{ 2' 61;W ,p o� "1 r Fm 47.45'N, : 4n `,r� 9 -p -A! 63.69'33" E ,/25' BUFFER 64.7e' A (LOT # 8) PRIFP ARIF. 0 MY: 37.32' GLISSONi I .AN D'11RVI YIN( LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 BEARING S44°43'48"W NO°55'12"W 52.32'18"W 02°32'16"W S4°59'16 "E 323'43'19"W S15°51'58"E S85°12'01 "E S15°51'04"E S52 °10'44"E S31°37'27"E HORIZ DIST 20.21' 27.24' 6 .64' 13.64' 22.10' 23 .57' 12.53' 8.75' 18.97' 17 .15' 8.99' IG 1 WILLIAM M ARK GLI SSO N - REGIST ERED L AND SU RVEYOR GEORGI A PL S # 3316 - SOUTH CAROLI NA P LS N 31984 377 TUCKER ROA D, C LAXTON, GEORGI A 3 041 7 RINCON: ( 912) 826 - 5283 CLAXTON: (812) 28 2 - 7052 WM GLISSONO BELLSO UTH, NET REFERENCE S' 1. 08 1310 PG 368 2.S MBCIPG51 SUR VEY FOR: DANIEL & CHE RI LYER COUNTY: CHATHA M STATE: GE ORGIA OCEAN WARD: FORT SCREVEN SUBD: VIEW DATE 01/12/2022 SCALE: 1' _ FILE NUMBER: 22107 TOTAL AREA: - 0.359 ac. LOT- 7 FIELD SU RVEY DATE: 01/08/2022 Travers. PC .0-.06 = :31VOS oz m <� m DNR SET BACK LINE NEW BULK HEAD WALL I (REQUESTING RETAINING WALL) 35'-104" DRIVE 30' 41VMaaa08 ONIISIX3 vX �-I m z v C) r � m Cm) 32' -2 m Zrn- m z C) DNR SET BACK LINE NEW BULK HEAD WALL (REQUESTING RETAINING WALL) DRAWN BY: KEITH LARSON 712 ROBBIENELLE DRIVE HAHIRA, GEORGIA 31632 229-563-6589 RESIDENCE DANIEL AND CHERI IYER DRAWING: SITE PLAN • O N r 1zo o 21 I C) 0 I - ea 0 0 O a) N f0 7 0 C r 0 DRAWING DATE: 6-26-2022 LAG Larson Design Group REVISION LOG DATE DESCRIPTION 1 1/2" CAP BLOCK 5/8" REBAR TO TOP POUR W/ 6000 PSI PEA GRAVEL PUMP MIX 3 ROWS OF 5/8" REBAR CHAIRS (TYP) 4'-3" DUNES & BEACH SIDE 16"x 16"x8"CMU BLOCK POUR WITH 3000 PSI STANDARD MIX FOOTING CV BULKHEAD WALL CROSS SECTION SCALE: 1" =1-0" w c_) z Lc) W co 0 DANIEL AND CHERI IYER BULKHEAD WALL CROSS SECTION 0 A112 DRA WING DATE: 6-26-2022 STAFF REPORT PLANNING COMMISSION MEETING: August 15, 2022 CITY COUNCIL MEETING: September 8, 2022 LOCATION: 30 Meddin Dr. APPLICANT: Tybee Island Historical Society EXISTING USE: Lighthouse and grounds ZONING: R-1/NEC OWNER: Tybee Island Historical Society PROPOSED USE: Same USE PERMI 1"1ED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Ft. Screven Historic District APPLICATION: Appeal of tree ordinance ruling. PROPOSAL: The applicant is requesting to remove 14 live oak trees from their property. 34 trees were planted too close together and the request is intended to aid the health of the remaining trees. ANALYSIS: The applicant's arborist and the City arborist agree that these 14 trees should be removed for the health of the remaining trees. Our ordinance does not contemplate this situation and does not specifically allow for significant trees to be removed for thinning purposes. 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, R-2, R -T, R-1/NEC, P -C, and PUD. Comprehensive Plan — Community Character Area The Ft. Screven Historic District Recommended Development Strategies Meets Strategy Y/N or N/A 1. Establish standards and guidelines for signage N/A 2. Provide signage for landmarks and historic businesses N/A 3. Preserve and restore historic structures whenever possible N/A 4. Provide appropriate incentives for historic restoration projects N/A 5. Ensure continued preservation of old growth trees, parks, and greenspace N/A 6. Support an improved bicycle and pedestrian environment with connected facilities N/A 7. Consider adoption of architectural standards for historic structures N/A STAFF FINDING Staff recommends approval. 1 This Staff Report was prepared by George Shaw. ATTACHMENTS A. Appeal application B. Tree permit application 2 Owners Name Property Mailing Address: Email Address: PIN: 40001-13010 CITY OF TYBEE ISLAND APPEAL FORM (Appellant): Tybee Island Historical Society Address: 30 Meddin Drive, Tybee Island, GA 31328 P.O. Box 366. Tybee Island GA 31238 sarah@tybeelighthouse.org Contact Number: 912-786-5801 Name and Address of Representative/Attorney (if any): Sarah Jones If Applicant Applicant Brief description We wish is other than the Property Owner, a signed affidavit from the Property Owner granting the permission to conduct such land development is attached hereto. Yes of the land development activity and reason for the Appeal: to remove 14 live oak trees from a stand of 34. The oaks were planted twenty years ago before proper planting methods of live oaks was understood. Therefore, we now have an issue with the root system of the entire stand which is threatening all of the oaks. Not only is the root system in jeporady but the canopy of the trees is affecting the overall health of all of the trees. The 14 that the master arborist wishes to remove are already ailing due to the poor light and crowded root system. We have had two arborists, one a Master arborist, concur on the health of the trees. We hope to use the removal of these trees as teaching expierence for our grounds staff, and we invite the city arborist to be presnt at the time of their removal as well. The Master arborist will be the one to remove the chosen trees. Our primary concern is that if these 14 trees are not removed now, in the future we will lose a lot more than 14 trees. 07/18/2022 Signature City Official of Applicant Date From: Sydney Young < g- do y. �a��annahtree Da te: April 6, 2022 at 12:26:50 PM EDT To: Allen Lewis <saiieuvis tOg a' . coma Cc: Info coastal•?'gr ail com, _`i- citygft by ee-org Su bje ct: Lighthouse Oaks Hi A llen, t Sham here. who is a certified Master status Argoing and owner This of Coastal Arbor leave about get you in th at ar the tree removal . I to know he spaces Sherri Kendrick Live I marked 14 trees we believe would be beneficial to remove in order to let the other ones have a better chance at maintaining a healthy going forward. . would still 19 oaks in th at area which is plenty the ll in the future. Live oaks are fast-growing, long -living species, so the spaces would not take too long to fill in. I am copying need to permit the removals, and they could be good learning tools for pruning before then, so some coordination regarding that n' .ay be in order for the future. I am happy to hear anyone s thoughts . All the best. Sydney Sydney Young FIELD MAN AGER O. 99x.3 33.8733 M. 912. 41t.0938 6ydne yttrt.aMahtmcCO T r`.; •y-. . e x t` 4. „R :� CITY OF TYBEE ISLAND TREE REMOVAL PERMIT APPLICATION Telephone: (912) 472-5033 • Fax: (912) 786-9539 Lschaaf@cityoftybee.org Address of Property 30 Meddin Drive, Tybee Island, GA 31328 Owner's Name Tybee Island Historical Society Applicant's Name Sarah Jones Owner's Address 30 Meddin Drive, Tybee Island, GA 31328 Applicant's Address 5 Calibogue Rd, Say, GA 31410 Owner's Telephone 912-786-5801 Applicant's Telephone 912-247-1722 REQUIREMENTS FOR TREE REMOVAL • Must maintain a density of 3 trees per 4,500 square feet. All trees with a 6" diameter at 4.5 feet above the ground count toward the density. • Significant trees must be replaced inch -for -inch in like species with minimum 2 -inch diameter trees or be otherwise mitigated. • By accepting the Tree Removal Permit, the property owner and the applicant agree to comply with all requirements of the tree ordinance including mitigation requirements, planting specifications and tree survival requirements. APPLICATION VMark all trees proposed for removal. REQUIREMENTS and species of all trees on the lot which have a diameter of improvements, all proposed improvements, and property. proposed replacement trees. (If replacement is proposed for with the same information notated.) For new homes -scaled plot plan showing location, size 6 inches or more at 4.5 feet above ground, all existing setbacks. Mark the planting location, size and species for all another parcel of land, a plot plan of that parcel is required Explain the species of tree(s), the reason for removal, and the location According to our Master Arborist The live Oaks we are seeking approval of the tree(s) to remove (14 total) have been selected by an arborist as they are planted too closely in a stand of 34 live Oaks. In order for the remaining live Oaks to achieve their mature form, it is advisable that the stand of trees be thinned in this manner. Leaving the trees as they are could damage the healthly trees and cause distruction to the overall root system. Arborist consulted: Brent Levy, Shem Kendrick of Coastal Arbor Care, and Sydney Young of Savannah Tree Foundation I have reviewed the Tybee Island Land Development Code, Article 7, Tree Removal Regulations, and hereby agree to comply with the provisions thereof. I understand a permit application may require 5 business days to process. Owner or Applicant Signature Eg. Date 04/12/22 Owner or Applicant Printed Name Sarah Jones / A City Official Date 7 12 ;u Permit Fee Palms Up TOTAL ❑ APPROVED ❑ DENIED Mitigation Required? ❑YES 0 N 1. 17 .. 14-:t 3, 13/, c4., /8 s. 1I ,`t 6. H 1Z_„ STAFF NOTES 44-5 Sr-Dfr7.---411 AS All kit 7r' L q STAFF REPORT PLANNING COMMISSION MEETING: August 15, 2022 CITY COUNCIL MEETING: September 8, 2022 LOCATION: 601 Hwy. 80 PARCEL: 40003 08001 APPLICANT: Cameron Weeks OWNER: 601 Hwy. 80, LLC EXISTING USE: Former auto repair shop PROPOSED USE: Golf cart rental ZONING: C-2 PROPOSED ZONING: C-2 USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Commercial Gateway APPLICATION: Site plan review. PROPOSAL: The applicant requests site plan approval for a golf cart rental business. This parcel was formerly Freddie's Garage. ANALYSIS: The plan calls for no additional impervious space so no drainage plan is required. There is ample room for the seven required parking spaces. Renters will be able to exist the property on 5th Ave. to safely avoid Hwy. 80 The Comprehensive Plan describes the Commercial Gateway in which it lies as follows: This area functions as an activity center and serves as the commercial gateway for the City. Zoning classifications are C-1, C-2, R-1, R -1B, R -T, and R-2. The mix of neighborhood commercial uses include shopping, crafts, restaurants, and eco-tourism Comprehensive Plan — Community Character Area Commercial Gateway Recommended Development Strategies Meets Strategy Y/Nor N/A 1. Encourage commercial and mixed use development and redevelopment along the US 80 commercial corridor Y 2. Discourage down -zoning within the US 80 commercial corridor N/A 3. Establish standards for a maximum percentage of residential use on a per parcel basis to encourage mixed us N/A 4. Enhance pedestrian movements with streetscape improvements N/A 5. Allow for the appropriate mix of retail, residential, and tourism related uses consistent with the Plan vision Y 6. Implement traffic calming measures and parking improvements N/A 7. Establish noise and sight buffers between commercial uses and adjacent residential area N/A 8. Review parking requirements to ensure they are not prohibitive to future commercial development N/A 1 STAFF FINDING This application is just a change of use auto repair to retail. No exterior changes will be made to the site. Staff recommends approval This Staff Report was prepared by George Shaw. ATTACHMENTS A. Site plan review application B. Site plans C. Property card D. SAGIS map 2 Applicant's Name Address and location of subject property O ( US PIN ©S M rzgeAtt vE `Tygrf iszAsop 6,4 3/32.1 Applicant's Mailing Address CITY OF TYBEE ISLAND SITE PLAN APPROVAL APPLICATION LA3J2L rcS Fee Commercial $500 Residential $250 HT w*Y zo 50S- 5y - QC Y) e,T Applicant's Telephone Number Brief description of the land development activity and use of the land thereafter to take place on the property: fief x0165 eAGE _ N b ft -)W c w 1 t. HMG � N el2O(VerV, Co f x'42► rvr Property Owner's Name (C> 1 - 1-)1()HwA' D LL `Telephone Number 1 ~ C r 2 - 3'3 - 99 do Property Owner's Address o� A Is Applicant the Property Owner? Yes / S& O )1 3(3q If Applicant is the Property Owner, Proof of Ownership is attached: Yes If Applicant is other than the Property Owner, a signed affidavit from thy' Property Owner granting the Applicant permission to conduct such land development is attached hereto. / Yes I Current Zoning of Property C f 2 Current Use V A c kro Names and addresses of all adjacent property owners are attached: /Yes If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, 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: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding 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 of $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. Signature of Applicant Date NOTE: Other specific data is required for each type of Site Plan Approval. Fee Amount $ . Check Number Ns L Date City Official NOTE: This application must be accompanied by following information: N 1 copy, no smaller than 11 x 17, of the proposed site plan and architectural renderings. NPR V 1 copy, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. 1 copy, no smaller than 11 x 17, of the existing tree survey and the tree removal and landscaping plan. Disclosure of Campaign Contributions The Planning Commission may require elevations or other engineering or architectural drawings covering the proposed development. The Mayor and Council will not act upon a zoning decision that requires a site plan until the site plan has met the approval of the City's engineering consultant. (Note: Section 5-080 (A) requires, "Once the engineer has submitted comments to the zoning administrator, a public hearing shall be scheduled.") The Applicant certifies that he/she has read the requirements for Site Plan Approval and has provided the required information to the best of his/her ability in a truthful and honest manner. Signature of Applicant Date 7-2 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 COMPLE FE THE FOLLOWING SECTION: NAME OF GOVERNMENT OFFICIAL CONTRIBUTIONS OF $250.00 OR MORE GIFTS OF $250.00 OR MORE DATE OF CONTRIBUTION IF YOU WISH TO SPEAK CONCERNING THE ATTACHED REZONING APPLICATION, THIS FORM MUST BE FILED WITH THE ZONING ADMINISTRATOR FIVE (5) DAYS PRIOR TO PLANNING COMMISSION MEETING IF CAMPAIGN CONTRIBUTIONS OR GIFTS IN EXCESS OF $250.00 HAVE BEEN MADE TO ANY MEMBER OF THE PLANNING COMMISSION OR MAYOR AND COUNCIL. Signature (''A.A J 0 IJ LJ c I=BS Printed Name Date 7/2 s 2-`Z 8/8/22, 3:32 PM PARID: 40003 08001 ANDERSON FREDERICK JOHN SR Chatham County, Georgia 601 US HIGHWAY 80 Tax Commissioner Summary Status Alternate ID Bill # Tax District/Description Legal Description Appeal Status Parcel Status Parcel Status Active Parcel Information Property Class Mortgage Company Exemptions Most Current Owner Current Owner 601 HWY 80 LLC Digest Owner (January 1) Deferral Exist No Co -Owner Owner ANDERSON FREDERICK JOHN SR ACTIVE 040-TYBEE N PT LOT 213 S PT LOT 214 WD 1 TYBEE ISL Years Support C3 - Commercial Lots Care Of Mailing Address P.O. BOX 2497 TYBEE ISLAND GA 31328 Co -Owner Care Of Tax (Penalties and Interest Included through Current Date) Year 2022 2021 2020 2019 2018 2017 2016 2015 Total: Cycle 1 1 1 1 1 1 1 1 Payment Information Payment Sequence 4163518212 4163623067 User ID Location LOCKBX UPD-99999 REMPROC LOCKBX UPD-99999 REMPROC Effective Date Source 05/11/2021 LOCKBX 10/25/2021 LOCKBX Billed 3,439.33 3,797.37 3,821.64 3,821.65 3,807.91 3,567.17 3,564.60 3,566.26 29, 385.93 Mailing Address PO BOX 936 TYBEE ISLAND GA 31328-0936 Business Date Pymt Type 05/11/2021 Z21 10/25/2021 Z21 Paid 0.00 -3,797.37 -3,821.64 -3,821.65 -3,807.91 -3,567.17 -3,564.60 -3,566.26 -25,946.60 Payment Tolerance/ Applied Overpayment $1,910.88 $0.00 $0.00 $1,886.49 $0.00 $0.00 Payment Methods Total Millage Rate 33.6050 Due 3,439.33 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,439.33 Total Payment $1,910.88 $1,886.49 https://www.chathamtax.org/PT/Datalets/PrintDatalet.aspx?pin=40003 08001 &gsp=RESIDENTIAL&taxyear=2021 &jur=000&ownseq=0&card=l &roll=R... 1/3 8/8/22, 3:32 PM Chatham County, Georgia I https://www.chathamtax.org/PT/Datalets/PrintDatalet.aspx?pin=40003 08001 &gsp=RESIDENTIAL&taxyear=2021 &jur=000&ownseq=0&card=1 &roll=R... 3/3 Property Owner Authorization I, we, (O1 I-\uJ' Dc_) � hereby authorize Cameron Weeks, Representative for Golf Cart Pros LLC, to use the land and structure at 601 US Highway 80 Tybee Island, GA 31328 for operation of a Golf Cart leasing company. A 6-) Property Owner Signature „co 7/70/24 L - Date 07/20/2022 Lessee Signature Date 40003 :180; IA 40003 080118 40003 08011 I I I 40 00 000030 4000, 08003 LOCATION MAP SCALE :NOW TYBEE ISLAND, GA ZONING INFORMATION DISTRICT: C-2 MINIMUM LOT SIZE: NOT APPLICABLE MINI MUM LOT WIDTH: 150 FEET MINI MUM SE TBACKS: FR ONT• SIDE: REAR: MAXI MUM BUILDING HEIGHT: 10 FEET 10 FEET 6 FEET 35 FEET LOT NO. 1 P ARCEL NU MBER: LOC ATI ON ADDRESS: 40003 08001 601 US HI GHW AY 80 TYBEE ISLAND GA 31328 N PT L OT 213 S PT L OT 214 WD 1 TYBEE ISL C3 - COMMERCIAL LOTS 20500.00 - T500 TYBEE TO BULL R (040) TYBEE C-2, HIGHWAY BUSINESS 0.1515 N. LE GAL DESCRIPTION: PROPERTY CLASS: NEIG HB ORHOO D: TAX DISTRICT: ZONING, ACRES: H OMESTEAD: BUILDING NO. 1: SERVICE REPAIR TOTAL SQ FOOTAGE 1248 BUILDING N O. 2 SERVICE REPAIR TOTAL SQ F OOTAGE 943 LOT N O. 2 PARCEL NUMBER, L OCATION ADDRESS: LE GAL DESCRIPTI ON: PROPERTY CLASS: NEIGHBORHOOD: TAX DISTRICT: ZONIN G, ACRES: HOMESTEAD: 40003 08002 5TH AV E TYBEE ISLAND GA 31328 LOT 215A WARD 1 TYBEE ISLAND S AV ANNAH BEACH C3 - COM MERCIAL LOTS 20500.00 - T500 TYBEE TO BULL R (040) TYBEE C-2 , HI GHW AY BUSINESS 0 .0505 SITE PLAN SCALE 0. s 10 18 5 5 2 601 US HIGHWAY 80, LLC PRELIMINARY PLAN TYBEE ISLAND, GA 601 US HIGHWAY 80